CHEAT SHEET

(Requisites and Elements) Par. 1.Criminal liability for a felony different from
that which is intended to be committed

Article 2. Application of its provisions

REQUISITES

a) That an intentional felony has been

Par. 1. SHOULD COMMIT AN OFFENSE WHILE ON A PH committed;
SHIP OR AIRSHIP -There is NO intentional felony if:

(i) The act or omission is not punishable by RPC;

REQUISITES or

a) The ship or airship must not be within the
territorial jurisdiction of another country
(It must be in international waters.)
b) The ship or airship must be registered in
the Philippines under the PH laws.
(ii) When the act is covered by any of the
justifying circumstances in Art 11.
That the wrong done to the aggrieved party be the
DIRECT, NATURAL, and LOGICAL consequence of the
felony committed.

Article 3. Definition
Par. 2. Impossible Crime

ELEMENTS OF A FELONY
1. Requisites[PEIN]
a) There must be an Act or Omission;
a) The act performed would be an offense
b) The Act or omission must be punishable by against PERSONS or PROPERTY;
the RPC; and
b) That the act was done with EVIL intent;
c) The Act or Omission muse be Voluntary.
c) That its accomplishment is INHERENTLY
impossible, or that the means employed is
either inadequate or ineffectual; and

That the act performed should NOT constitute a

INTENTIONAL FELONIES
violation of another provision of the RPC
-Requisites of DOLO or MALICE [ FII]

(a) Freedom

(b) Intelligence
ARTICLE 6.
(c) Intent (Criminal)
CONSUMMATED, FRUSTRATED AND ATTEMPTE
FELONIES.

CONSUMMATED FELONY
CULPABLE FELONIES
- when all the elements necessary for its
-Requisites of CULPA [FIN]
execution and accomplishment are present
(a) Freedom

(b) Intelligence
FRUSTRATED FELONY
(c) Negligence, Imprudence, Lack of Foresught,
-Elements:
or Lack of Skill
i. The offender performs all the acts of
execution;
HONEST MISTAKE OF FACT ii. All the acts performed WOULD
-Requisites if Mistake of Fact as a defense produce the felony as a consequence;

(i) That the act done would have been lawful had iii. But the felony is not produced; and
the facts been as the accused believed them to be; iv. By reason of causes INDEPENDENT of
(ii) That the intention of the accused in the will of the perpetrator.
performing the act should be lawful; and

(iii) That the mistake must be without fault or ATTEMPTED FELONY

carelessness on the part of the accused.
-Elements:

v. The offender commences the

ARTICLE 4. CRIMINAL LIABILITY commission of the felony directly by
overt acts;
 vi. He does not perform all the acts of
execution which should produce the
felony;
vii. He is not stopped by his
spontaneous desistance; and
b) Reasonable necessity of the means
employed to prevent or repel it; and
c) The person defending was not induced by
own revenge resentment or other evil motive.

viii. The non-performance of all acts of

execution was due to a cause or
accident other than the offenders’s
own spontaneous desistance.
REQUISITES OF STATE OF NECESSITY [EIN]
a) That the evil sought to be avoided actually
exists;

b) That the injury feared be greater than that

ARTICLE 8. CONSPIRACY AND PROPOSAL TO COMMIT done to avoid it; and
FELONY
c) There be no other practical and less
harmful means of preventing it.

REQUISITES FOR CONSPIRACY

a) That 2 or more persons came to an REQUISITES OF FULFILLMENT OF A DUTY

agreement;
a) That the accused acted in the performance
b) That the agreement pertains to the of a duty or in the lawful exercise of a
commission of a felony; and right or office; and

c) That the execution of the felony was b) That the injury caused or the offense
decided upon. committed be the necessary consequence
of the due performance of duty or the
lawful exercise of such right or office.

REQUISITES PROPOSAL TO COMMIT A FELONY REQUISITES TO OBEDIENCE TO AN ORDER:[SPO]

a) That a person has decided to commit a a) That an order has been issued by a
felony (Decision); and SUPERIOS;

b) That he proposes its execution to some other b) That such order must be for some LAWFUL
person or persons (Proposal). PURPOSE; and

c) That the means used by the subordinate to

carry out said ORDER is LAWFUL.
ARTICLE 11. JUSTIFYING CIRCUMSTANCES

REQUISITES OF SELF-DEFENSE

a) Unlawful aggression (Condition sine qua

non)

i. Lawful Aggression

1. In the exercise of a right

2. In the fulfillment of a duty

ii. Unlawful Aggression

b) Reasonable necessity of the means

employed to prevent or repel it; and

c) Lack of sufficient provocation on the part

of the person defending himself.

REQUISITES OF DEFENSE OF A RELATIVE

a) Unlawful aggression;

b) Reasonable necessity of the means

employed to prevent or repel it; and

c) In case the provocation was given by the

person attacked, the one making the
defense had no part therein.

REQUISITES OF DEFENSE OF A STRANGER

a) Unlawful aggression;