A. Felonies

Elements of felonies:

• There must be an act or omission

ACT means any bodily movement tending to produce some effect in the external world; the possibility of its production is sufficient. For an attempted felony, the offender must commence its commission directly by overt acts, as provided in Article 6 of the RPC.

OMISSION means inaction, the failure to perform a positive duty which one is bound to do. There must be a law requiring the doing or performance of an act.

• The act or omission must be punishable by the RPC; and
• The act is performed or the omission incurred by means of dolo or culpa.

Abuse of confidence is inherent in some felonies

It is inherent in malversation, qualified theft, estafa by conversion or misappropriation, and qualified seduction. (Reyes, Book I)