Criminal Law 1 Atty.

De Castro Midterm Exam Definitions:

1/Kit Enriquez

Criminal Law - Branch of public substantive law that defines crimes, treats of their nature and provides for their punishment Aberratio ictus - Mistake in the blow - A discharges a firearm with the intention of shooting B, but because of lack of precision shot C instead Praeter intentionem - The injurious result is greater than that intended - A without the intent to kill stuck B with his fist hitting the carotid artery. B dies. A is liable for the death of B although he had no intention to kill said victim Felony - An act or omission punishable under the Revised Penal Code and performed or incurred by means of dolo or culpa Impossible crime - An act that would have been a crime against persons or property had it not been for its inherent impossibility or the employment of inadequate or ineffectual means. The act performed must be with criminal intent and must not constitute a violation of other provisions of the Revised Penal Code. Conspiracy to commit a felony - Occurs when two or more persons come to agreement concerning the commission of a felony and decide to commit it Proposal to commit a felony - occurs when a person who has decided to commit a felony proposes its execution to some other persons Philippine Territory - Philippine archipelago, including its atmosphere, its interior waters and maritime zone. - The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between and connecting the islands of the archipelago, regardless of their breadth, dimensions, form part of the internal waters of the Philippines. Battered Woman Syndrome - Refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse (RA 9262). It is a plea within the concept of the justifying circumstance of self-defense. Mistake of fact - Misapprehension of fact on the part of the person who caused injury to another. There is no criminal intent when there is a mistake of fact, hence he is not criminally liable. - Elements: o That the act done would have been lawful had the facts been as accused believed them to be o The intention of the accused in performing the act should be lawful o Must be without fault or carelessness on the part of the accused Enumerate and Explain:

Criminal Law 1 Atty. De Castro Characteristics of Penal Law

2/Kit Enriquez

General, in that criminal law is binding on all persons who live or sojourn in the Philippines (Art. 14 of the Civil Code) No foreigner enjoys in this country extra-territorial right to be exempted from its laws and jurisdiction, with the exception of heads of states and diplomatic representatives who, by virtue of the customary law of nations, are not subject to the Philippine territorial jurisdiction General rule: the civil courts have jurisdiction over military officials of foreign countries unless an express legislation to the contrary Civil courts have concurrent jurisdiction with general courts-martial over soldiers of the AFP (murder and malversation), even in times of war provided that in the place of the commission of the crime no hostilities are in progress and the civil courts are functioning The RPC and or other penal law is not applicable when the military court take cognizance of the case the Articles of War apply The prosecution of an accused before a court martial is a bar to another prosecution of the accused for the same offense

Exceptions: 1. Sovereigns and other chiefs of states 2. Ambassadors, ministers plenipotentiary, ministers resident, and charges daffaires Consul not entitled to the privileges and immunities of an ambassador or minister

Territorial, in that criminal laws undertake to punish crimes within the Philippine territory The principle of territoriality means that as a rule, penal laws of the Philippines are enforceable only within its territory. It cannot penalize crimes committed outside the same. This is subject to certain exception brought about by international agreements and practice. The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. Extent of Philippine territory Philippine archipelago, including its atmosphere, its interior waters and maritime zone Art. 1, 1987 Constitution The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of it terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Prospective, in that a penal law cannot make an act punishable in a manner in which it was not punishable when committed. As provided in Art. 366 of the Revised Penal Code, crimes are punished under the laws in force at the time of their commission Exceptions: When the new statute establishes a condition more lenient or favorable to the accused Except when the new statute is expressly made inapplicable to pending actions or existing causes of action and the offender is a habitual delinquent Extra-territorial jurisdiction of the Revised Penal Code The Revised Penal Code has extra-territorial jurisdiction when one:

Criminal Law 1 Atty. De Castro

3/Kit Enriquez

1. Should commit an offense on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the government of the Philippines; 3. Should be liable for acts connected with the introduction into the Philippines of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their function; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of the RPC Stages in the commission of a felony Consummated all elements necessary for the execution and accomplishment of the offense are present Frustrated offender performs all acts of execution which would produce a felony as a consequence but which do not produce it by reason of causes independent of will of perpetrator Attempted offender commences 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 his own spontaneous desistance Modes of committing a felony Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. Elements of a felony: 1. An act or omission 2. Punishable under the RPC 3. Done with criminal intent or criminal negligence Elements of dolo or culpa 1. Criminal intent or criminal negligence 2. Freedom of action 3. Intelligence Between dolo and culpa, the distinction lies on the criminal intent and criminal negligence. If any of these requisites are absent, there can be no dolo or culpa. When there is no dolo or culpa, a felony cannot arise. A, a government official, does not submit Statement of Assets and Liabilities. He goes abroad and stays there for more than 15 years. A is charged of violation of the Anti-Graft and Corrupt Practices Act, under which the prescriptive period is 15 years. A files a motion to dismiss on the ground of prescription, arguing that under Act 3326 prescription of crimes punishable under special law, like the Anti-Graft and Corrupt Practices Act, is interrupted only by filing of an Information in court. The Fiscal argues that under the Revised Penal Code, in addition to filing the Information, being out of the country is an additional ground for interruption of prescription. What is the specific issue involved The issue is whether the rules on prescription under the Revised Penal Code has suppletory application to the special law on prescription of crimes when the latter does not provide absence from the Philippines as a ground for interruption of the period of prescription while the Revised Penal Code does.

Criminal Law 1 Atty. De Castro Decide the case

4/Kit Enriquez

According to the recent decision of the Supreme Court, there is no room for supplementary application of the Revised Penal Code because of the existence of a rule on the prescription period applicable to offenses punishable by special laws. The Revised Penal Code shall only have suppletory application in case of an absence of a specific rule on the issue. Hence, in the case, the motion to dismiss should be granted. Act 3326 should govern and not the rules on prescription under the Revised Penal Code. The prescription period for the offense in the case has already run and expired and cannot be considered to have been interrupted by the absence of the accused from the country. In the novel The Count of Monte Cristo, the grandfather administers small dosage of poison to his grandchild to make her immune from poison, knowing that there will be an attempt to poison her. When she is actually given poison sufficient to kill an ordinary person, she is not affected, having developed immunity. Assuming that she suffers no injury at all, select the best answer and explain your choice. The crime committed is: 1. Attempted Murder 2. Frustrated Murder 3. Impossible Crime of Murder 4. There is no crime because there is no injury inflicted The crime is an impossible crime of murder. All the acts and elements necessary for the execution and accomplishment of the felony are present. The crime of murder would have been committed had it not been for its inherent impossibility. The granddaughter has become immune to the poison, hence it is inherently impossible to murder her. Enumerate and give the elements of all the justifying and exempting circumstances recognized by law

Criminal Law 1 Atty. De Castro Final Exam Definitions:

5/Kit Enriquez

Criminal Law - Branch of public substantive law that defines crimes, treats of their nature and provides for their punishment Complex Penalty - Composed of three distinct penalties, each forming a period, the lightest shall be the minimum, the next the medium and the most severe penalty the maximum period (Art. 77) Complex Crime - The offender has to commit an offense as a means for the commission of another offense. It is said that the offense is committed as a necessary means to commit the other offense. Both of the offenses should be punishable under the same statute. Expressed Conspiracy - There is evidence of a pre-agreement between the con-conspirators. Even if not present person is liable as con-conspirator Prejudicial Question - One which arises in a case, the resolution of which is the logical antecedent of the issue involved in said case, and the cognizance of which pertains to another tribunal. - Elements: o Prejudicial question must be determinative of the cause before the court o Jurisdiction to try said question must be judged in another tribunal Distinguish between: Indeterminate Sentence Law and Probation Law Mala Prohibita and Mala Inse Crimes Mala in se felonies in RPC Inherently Evil. Intent or negligence. Hence good faith or lack of intent is a defense Subject to the principles of the RPC on modifying circumstances, degree of participation and stages of execution

Nature Basis

Other Distinctions

Prohibited only by statute Good faith or lack of intent is not a defense, unless it is an element of the crime. Commission of the prohibited act consummates the offense. No modifying circumstances are applicable, the penalty is the same

English Rule and French Rule on crimes committed aboard a merchant vessel in Philippine territory French Rule such crimes are NOT triable in territorial state; unless affecting peace and security of that state (Nationality Rule)

Criminal Law 1 Atty. De Castro

6/Kit Enriquez

English Rule such crimes are triable in the territorial state; unless such crime affects the internal management of the vessel (Territoriality Rule) There is no real substantial difference between the French and Anglo-Saxon rule governing crimes committed in foreign merchant vessels. The exception of one is the principal rule of the other. Complex Crime under Art. 48 and Special Complex Crime An ordinary complex crime is made up of two or more crimes being punished in distinct provisions of the RPC but alleged in one information, so that only one penalty will be imposed, because either they were brought about by a single act or one offense was a necessary means to commit another. The penalty for the most serious crime shall be imposed in it maximum period. On the other hand, a special complex crime is made up of two or more crimes that are considered only as components of a single indivisible offense punished in one provision of the RPC. The component crimes are not regarded as distinct crimes so only one penalty is specifically prescribed for all of them. Habitual Delinquency from Recidivism Habitual Delinquency 1. At least three convictions are required 2. The crimes are limited and specified to: a. serious physical injuries, b. less serious physical injuries, c. robbery, d. theft, e. estafa or swindling, f. falsification 3. there is a time limit of not more than 10 years between every conviction computed from the first conviction or release from punishment thereof to conviction computed from the second conviction or release there from to the third conviction and so on.. 4. Habitual delinquency is a special aggravating circumstance. Hence it cannot be offset by any mitigating circumstance. Aside from the penalty prescribed by law for the crime committed, an additional penalty shall be imposed depending upon whether it is already the third conviction, the fourth, the fifth and so on.. 5. the circumstance must be alleged in the information; otherwise the court cannot acquire jurisdiction to impose the additional penalty Recidivism 1. Two convictions are enough 2. The crimes are not specified; it is enough that they may be embraced under the same title of the Revised Penal Code 3. There is no time limit between the first conviction and the subsequent conviction. Recidivism is imprescriptible 4. It is a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. If not offset, it would only increase the penalty prescribed by law for the crime committed to its maximum period. 5. The circumstance need not be alleged in the information When has the RPC suppletory application to special penal laws? Explain. The provisions of the Revised Penal Code are applied only as a supplement to the special law, or simply correlate the violated special law, if needed to avoid injustice. If no injustice would result, do not give suppletory application of the Revised Penal Code to that of the special law. When shall favorable penal laws not have retroactive application? a. the new law is expressly made inapplicable to pending actions or existing causes of action b. where the offender is a habitual delinquent Is Destierro a penalty under the Revised Penal Code? Explain.

Criminal Law 1 Atty. De Castro

7/Kit Enriquez

Yes. Under Art. 87 of the RPC destierro is a principal penalty. It is a punishment whereby a convict is banished from a certain place and is prohibited from entering or coming near that place designated in the sentence for not less than 25 kilometers. However, the court cannot extend beyond 250 kilometers. If the convict should enter the prohibited places, he commits the crime of evasion of service of sentence under Art. 157. But if the convict himself would go further from which he is banished by the court, there is no evasion of service of sentence because the 250 kilometers limit is upon the authority of the court in banishing the convict. May subsidiary imprisonment be imposed against a convict for violation of BP 22 for non-payment of the imposed fine? Explain. Yes. Persons convicted of violation of special laws are liable to subsidiary imprisonment in case of insolvency in the payment of indemnity. What are the alternative circumstances and state when they are considered mitigating or aggravating Relationship - inherent in crimes of parricide, adultery and concubinage - considered when victim is: spouse, ascendant (also step-parents; adopting parents), descendants, legitimate, adopted or natural brothers and sisters; or relative by affinity in the same degree of the offender Intoxication - mitigating: not habitual; or not subsequent of plan to commit the felony - aggravating: habitual; or intentional in order to embolden the accused Education - mitigating: generally, if low degree or lack of education - aggravating: if high degree and offender avails himself of his learning in committing the crime - not mitigating when: crimes against property, chastity and murder Enumerate and explain the requisites of at least five of the following modifying circumstances Justifying Exempting Mitigating Aggravating To what crimes are the following not applicable? Indeterminate Sentence Law crimes punished by death or life imprisonment treason, conspiracy or proposal to commit treason misprision of treason; rebellion, sedition, espionage piracy habitual delinquency escapees already serving a sentence when the law was passed violated conditional pardon maximum period is 1 year Probation Law those sentenced to serve maximum jail term of more than six years convicted of subversion or any crime against the national security or the public order

Criminal Law 1 Atty. De Castro

8/Kit Enriquez

previously convicted by final judgment of offense punished by imprisonment of not less than 1 month and 1 day and/or fine of not more than P200.

A attacks B with a bolo. To defend himself, B swings his own bolo backward to prepare to meet the bolo thrust of A, but unfortunately C who is behind B is hit by the bolo of B and dies. a. Is A criminally liable for the death of C? b. Is B criminally liable for the death of C? A, husband, prevents B, wife, from engaging in any business employment to make her economically dependent on him. B get mad and physically assaults A. A shouts at B asking her to leave the house. When B refuses, A drinks poison and falls down, with white bubble coming out of his mouth, B, fearing that A has died, suffers a heart attack and dies. Is A criminally liable for Bs death? a. Argue for the affirmative side b. Argue for the negative side c. Resolve the issue, with reasons A and B has a duel by the lake. Only A is able to come home wounded. B is nowhere to be found. A is prosecuted and convicted for homicide for killing B. After A is released from prison he encounters B, who is not dead after all. Then and there A kills B. May A be prosecuted for homicide for killing B, a crime he has been tried, convicted and he has served penalty for? Explain your answer. Other questions which might be asked: Culpa as mode of committing a felony vs. Culpa as felony by itself Praeter intentionem Impossible crime in acts of lasciviousness Exempting circumstances vis--vis Instances of voidable contracts Force Majure Corpus delicti in the commission of a crime