a) How are felonies committed? Explain each. (3%)
b) What is aberratio ictus? (2%)
Suggested answer only. Not an official answer and not legal advice.
(a) Felonies are committed by deceit (dolo) or fault (culpa); and (b) aberratio ictus is a mistake in the blow.
Under Article 3 of the RPC, felonies are committed by dolo when performed with deliberate intent, or by culpa when resulting from imprudence, negligence, lack of foresight, or lack of skill. Under Article 4(1), aberratio ictus occurs when an offender aims at one victim but hits another due to poor aim.
Here, dolo requires malicious intent, while culpa involves negligence without evil intent. In aberratio ictus, the offender remains criminally liable for the unintended result as a direct consequence of the felonious act.
Consequently, felonies are committed via dolo or culpa, and aberratio ictus holds an offender liable for unintended outcomes of a mistaken blow.
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Quick check
How are felonies committed under Article 3 of the Revised Penal Code?
Under Article 3 of the RPC, felonies are committed either by dolo (deceit) or culpa (fault).
What element is essential in committing an intentional felony by dolo?
Intentional felonies require freedom, intelligence, and malicious intent under Article 3 of the RPC.
Which circumstance characterizes a culpable felony committed by culpa under Article 3?
Culpable felonies arise from imprudence, negligence, lack of foresight, or lack of skill without malice.
What is aberratio ictus under Philippine penal law?
Aberratio ictus refers to a mistake in the blow where the targeted act hits a third person.
Why does an offender remain criminally liable in a case of aberratio ictus under Article 4(1)?
Under Article 4(1), criminal liability attaches because the wrongful act flows directly from the intended felony.
Learn more about these topics
1. Commission of Felonies
Under Article 3 of the Revised Penal Code, felonies are acts or omissions punishable by law and are committed either by dolo (deceit) or by culpa (fault). Intentional felonies committed by dolo require freedom of action, intelligence, and deliberate malicious intent. In contrast, culpable felonies committed by culpa result from imprudence, negligence, lack of foresight, or lack of skill, where malicious intent is absent but criminal liability still attaches due to the offender's failure to exercise due care or skill.
2. Aberratio Ictus Principle
Under Article 4(1) of the Revised Penal Code, criminal liability is incurred by any person committing a felony, although the wrongful act done be different from that which he intended. Aberratio ictus, or mistake in the blow, occurs when an offender directs a felonious act toward a targeted victim but inadvertently strikes a third person due to lack of precision or poor aim. The offender remains criminally responsible for the resulting harm because the unintended injury flows directly from the original unlawful conduct.