In felonies committed by dolus the third element of voluntariness is a general

In felonies committed by dolus the third element of

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In felonies committed by dolus, the third element of voluntariness is a general intent; whereas, in some particular felonies, proof of particular specific intent is required. Thus, in certain crimes against property, there must be the intent to gain (Art. 293 — robbery; Art. 308 — theft). Intent to kill is essential in frustrated or attempted homicide (Art. 6 in relation to Art. 249); in forcible abduction (Art. 342), the specific intent of lewd designs must be proved. The use of particular means to bring about a desired result A person causing damage or injury to another, without malice or fault, is not criminally liable under the Revised Penal Code (US vs Catangay) e. What is the rule on the existence of intent As a general rule, criminal intent is presumed (general intent). But where intent is an element of the crime (specific criminal intent), the intent cannot be presumed but must be established. In attempted or frustrated homicide, intent to kill is a specific criminal intent because if not established only physical injuries will be charged. The existence of intent is shown by the overt acts of a person. Where the defendant carried away articles belonging to another and concealed them from the owner and from the police authorities, denying having them in his possession, in the absence of a satisfactory explanation, it may be inferred that he acted with intent of gain. Intent is a mental state, the existence of which is shown by the overt acts of a person. (Soriano vs. People, 88 Phil. 368, 374) The maxim is: actus non facit reum, nisi mens sit rea — a crime is not committed if the mind of the person performing to act complained be innocent. Where the facts proven are accompanied by other facts which show that the act complained of was not unlawful, the presumption of criminal intent does not arise. There is no felony by dolo if there is no intent. The presumption of criminal intent from the commission of an unlawful act may be rebutted by proof of lack of such intent. Inference of intent to kill should not be drawn in the absence of circumstances sufficient to prove the fact beyond reasonable doubt. When such intent is lacking but wounds were inflicted, the crime is physical injuries only. (People v. Paganor) f. How is intent manifested Intent is a mental state which cannot be seen and therefore its existence can only be demonstrated by the overt/ acts of a person. The choice of a particular means will show the true intent of the actor. Intent to kill is difficult to prove, it being a mental act. But it can be deduced from the external acts performed by a person. When the acts naturally produce a definite result, courts are slow in con- cluding that some other result was intended. (U.S. vs. Mendoza,; People vs. Mabug-at, and People vs. Lao) g. What is motive Motive is the moving power or force which impels a person to commit acts toward a desired result.
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  • Spring '17
  • john doe

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