A crime can be defined as an act or omission punishable by law.
In the Philippines, under the Revised Penal Code (RPC), such punishable acts or omissions are specifically termed felonies (delitos). The term “offense” is generally used to refer to acts or omissions punishable under special laws. [Note that “quasi-offenses” like reckless imprudence are called “offenses” even though they are in the RPC]
A minor violation of a law or ordinance is referred to as a misdemeanor. The general word “crime” can be used whether the wrongdoing is punished under the RPC or a special law.
Felonies under the RPC can be committed in two ways:
- Dolo (Deceit or Criminal Intent): This occurs when the act is performed with deliberate intent. There must be a confluence of both an evil act and an evil intent; actum non facit reum, nisi mens sit rea. The requisites of dolo include freedom, intelligence, and intent. Criminal intent is a general element of all intentional felonies.
- Culpa (Fault): This occurs when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. For culpa, instead of intent, the accused is imprudent, negligent, or lacks foresight or skill while doing the act. Some legal views suggest that culpa is not merely a mode of committing a crime but can be the crime itself, a quasi-offense, as indicated in Article 365 of the RPC. In a quasi-offense, there is no dolo or criminal intent, as it is replaced by culpa or negligence.
Crimes are also classified according to their nature as:
- Mala in se: These are acts that are inherently wrong or immoral. Crimes punished under the Revised Penal Code are generally considered mala in se, although some exceptions exist, such as technical malversation. Mala in se crimes usually require criminal intent (mens rea), and good faith can be a defense. Modifying circumstances like mitigating or aggravating factors generally apply to mala in se crimes. Examples include simple carnapping, plunder, and vote-buying.
- Mala prohibita: These are acts that are wrong because they are prohibited by law. Most crimes punished under special penal laws are considered mala prohibita, although some special law crimes like plunder can be mala in se. In mala prohibita crimes, the intent to perpetrate the act is generally sufficient for conviction, and good faith is typically not a defense unless the law explicitly requires criminal intent. The focus is on whether the law has been violated. Modifying circumstances are not usually considered unless the special law adopts the RPC’s technical nomenclature. Examples include possession of loose firearms and violations of ordinances.
Criminal liability is incurred by any person committing a felony (delito) even if the wrongful act done is different from that which was intended. Criminal liability is also incurred by any person performing an act that would be an offense against persons or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means; this refers to impossible crimes. Although objectively no felony is committed in an impossible crime, the offender incurs criminal liability due to their criminal tendency or intention.
Crimes also have different stages of execution:
- Consummated: When all the elements necessary for its execution and accomplishment are present.
- Frustrated: When the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. In crimes involving the taking of human life, a mortal wound is usually indispensable to consider the crime frustrated.
- Attempted: When the offender commences the commission of a felony directly by overt acts and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than their own spontaneous desistance. An overt act consists of physical activity or deed indicating the intention to commit a particular crime.
The principle of nullum crimen, nulla poena sine lege is fundamental in Philippine criminal law, meaning there is no crime where there is no law punishing it. The Philippines does not recognize common law crimes.
Crimes can also be classified based on gravity as grave, less grave, or light felonies, depending on the penalties attached to them.
Furthermore, crimes can be continuing crimes, which involve a series of acts arising from one criminal intent or resolution. The term “continuing” is often used in determining the proper venue or jurisdiction for the criminal action. Complex crimes occur when a single act constitutes two or more grave or less grave felonies (compound crime) or when an offense is a necessary means for committing another (complex crime proper).
Motive, which is the moving power that impels a person to do an act for a definite result, is generally immaterial in determining criminal liability unless the identity of the offender is in doubt. Criminal intent, on the other hand, is generally an essential element of an intentional felony. However, in crimes that are mala prohibita, only the intent to perpetrate the act needs to be proven.
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