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1-113)
Mala in se:
Which literally means, that the act is inherently evil or bad or per se
wrongful.
These are punishable by our RPC.
The intent is crucial.
Mala prohibita(um):
These are violations of special laws.
Example is possession of drugs (punishable by Special Laws), ito yung
kahit hindi mo gagamitin or ibebenta, the mere fact na nasa
pagmamay-ari mo ito, bawal pa rin!
Felony: these are acts or omissions as defined by Article 3 of the RPC.
They may be differentiated by dolo (deceit) which is intentional, and
culpa (fault) which is imprudence, negligence, lack of skill or
foresight.
Offense: are crimes punished under a special law is called as statutory
offense.
French Rule
The French Rule provides that the nationality of the vessel follows
the flag which the vessel flies, unless the crime committed endangers
the national security of a foreign country where the vessel is within
jurisdiction in which case such foreign country will never lose
jurisdiction over such vessel.
Mistake of Fact:
When the offender acted out of a mistake of fact, criminal intent is
negated, so do not presume that the act was done with criminal intent.
This is absolutory if crime involved dolo.
Criminal Intent
Freedom of action
Intelligence
(2)
Classifications of felonies:
According to the manner of their commission. Under Article 3, they
are classified as, intentional felonies or those committed with
deliberate intent; and culpable felonies or those resulting from
negligence, reckless imprudence, lack of foresight or lack of skill.
According to the stages of their execution. Under Article 6., felonies
are classified as attempted felony 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 his own spontaneous desistance;
frustrated felony when the offender commences the commission of a
felony as a consequence but which would produce the felony as a
consequence but which nevertheless do not produce the felony by
reason of causes independent of the perpetrator; and, consummated
felony when all the elements necessary for its execution are present.
According to their gravity. Under Article 9, felonies are classified as
grave felonies or those to which attaches the capital punishment or
penalties which in any of their periods are afflictive; less grave
felonies or those to which the law punishes with penalties which in
their maximum period was correccional; and light felonies or those
infractions of law for the commission of which the penalty is arresto
menor.
There are five (5) circumstances affecting criminal liability:
Justifying circumstances
Exempting circumstances
Mitigating Circumstances
Aggravating Circumstances
Alternative Circumstances
There are 2 others found elsewhere in the provision of the RPC:
Absolutory cause
Extenuating circumstances
Absolutory cause: The effect of this is to absolve the offender from
criminal liability, although not from civil liability. It has the same
effect as an exempting circumstance, but you do not call it as such in
order not to confuse it with the circumstances under Article 12. It has
the effect of an exempting circumstance and they are predicated on
lack of voluntariness like instigation. Instigation is associated with
criminal intent.
Difference between instigation and entrapment
In instigation, the criminal plan or design exists in the mind of the law
enforcer with whom the person instigated cooperated so it is said that
the person instigated is acting only as a mere instrument or tool of the
law enforcer in the performance of his duties.
On the other hand, in entrapment, a criminal design is already in the
mind of the person entrapped. It did not emanate from the mind of the
law enforcer entrapping him. Entrapment involves only ways and
means which are laid down or resorted to facilitate the apprehension of
the culprit.
Extenuating circumstance
The effect of this is to mitigate the criminal liability of the offender. In
other words, this has the same effect as mitigating circumstances, only
you do not call it mitigating because this is not found in Article 13.
Distinction between Justifying and Exempting Circumstances:
Justifying Circumstances:
The circumstance affects the act, not the actor;
The act complained of is considered to have been done within the
bounds of law; hence, it is legitimate and lawful in the eyes of the law;
Art. 47. In what cases the death penalty shall not be imposed. The
death penalty shall be imposed in all cases in which it must be
imposed under existing laws, except in the following cases:
1. When the guilty person be more than seventy years of age.
2. When upon appeal or revision of the case by the Supreme court, all
the members thereof are not unanimous in their voting as to the
propriety of the imposition of the death penalty. For the imposition of
said penalty or for the confirmation of a judgment of the inferior
court imposing the death sentence, the Supreme Court shall render its
decision per curiam, which shall be signed by all justices of said
court, unless some member or members thereof shall have been
disqualified from taking part in the consideration of the case, in
which even the unanimous vote and signature of only the remaining
justices shall be required.
Art. 48. Penalty for complex crimes. When a single act constitutes
two or more grave or less grave felonies, or when an offense is a
necessary means for committing the other, the penalty for the most
serious crime shall be imposed, the same to be applied in its
maximum period.
: This is when a single act, becomes a crime.
Ex: In the intention of keeping the peace, a police, fires a gun
towards a robber, but since the bullet did a projectile hitting another
bystander thereby killing two people. Was there a complex crime
committed?
: In this case, the minimum period (it may be arresto menor or bond)
that will be given as punishment to the accused.
Minimum
Medium
Maximum
RT
12
yrs
&1
day
20
yrs.
12
yrs
&1
day
14
yrs
&8
mos.
14
yrs
&8
mos.
17
yrs,
4
mos.
17
yrs,
4
mos.
&1
day
PM,
AD,
SD
6 yrs
&1
day
12
yrs
PC,
S, D
AM
6
mos.
&1
day
6 yrs
1-30
days
6 yrs
&1
day
8 yrs
6
mos.
&1
day
2 yrs
&4
mos.
1
mont
h&
1 day
6
mos.
1-2
mos.
8 yrs
&1
day
10
yrs
2
yrs,
4
mos.
&1
day
4 yrs
&2
mos.
4
yrs,
2
mos.
&1
day
2
mos.
&1
day
4
mos.
1120
days
4
mos.
&1
day
6
mos.
2130
days
10
yrs
&1
day
12
yrs
Am
20
yrs.
6
yrs.
1-10
days
female (who in this case may be pregnant), and where the execution
will take place.
Art. 86. Reclusion perpetua, reclusion temporal, prision mayor,
prision correccional and arresto mayor. The penalties of reclusion
perpetua, reclusion temporal, prision mayor, prision correccional and
arresto mayor, shall be executed and served in the places and penal
establishments provided by the Administrative Code in force or which
may be provided by law in the future.
: This article provides where the convicts serving the 1 st scale of
penalties are serving out there sentences.
Art. 87. Destierro. Any person sentenced to destierro shall not be
permitted to enter the place or places designated in the sentence, nor
within the radius therein specified, which shall be not more than 250
and not less than 25 kilometers from the place designated.
: This article refers to the accused until where is his jurisdiction if he
aggravated someone.
Art. 88. Arresto menor. The penalty of arresto menor shall be
served in the municipal jail, or in the house of the defendant himself
under the surveillance of an officer of the law, when the court so
provides in its decision, taking into consideration the health of the
offender and other reasons which may seem satisfactory to it.
: This article refers to where the accused will serve out his sentence
should he be imposed upon the penalty of arresto menor.
Art. 89. How criminal liability is totally extinguished. Criminal
liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to
pecuniary penalties, liability therefor is extinguished only when the
death of the offender occurs before final judgment.
: This refers to, when the during the service of the sentence, the
convict dies, the sentence dies with him.
2. By service of the sentence;
: Upon finishing the service of the sentence, this is when the criminal
liability gets extinguished.
3. By amnesty, which completely extinguishes the penalty and all its
effects;
: Amnesty defined: the crime and the sentence is totally extinguished
4. By absolute pardon;
: Pardon defined: it excuses the sentence, but not the liability, but in
the case of absolute pardon, everything is extinguished.
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344
of this Code.
: In the case of rape, should the rape victim marry the rapist, the
liability of the rapist will be extinguished.
Art. 90. Prescription of crime. Crimes punishable by death,
reclusion perpetua or reclusion temporal shall prescribe in twenty
years.
Crimes punishable by other afflictive penalties shall prescribe in
fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years;
with the exception of those punishable by arresto mayor, which shall
prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six
months.
(8)
Those whose maximum term of imprisonment does not
exceed one year, but not to those already sentenced by final judgment
at the time of the approval of Indeterminate Sentence Law.
Presidential Decree No. 968 (Probation Law)
Probation is a manner of disposing of an accused who have been
convicted by a trial court by placing him under supervision of a
probation officer, under such terms and conditions that the court may
fix. This may be availed of before the convict begins serving sentence
by final judgment and provided that he did not appeal anymore from
conviction.
Without regard to the nature of the crime, only those whose penalty
does not exceed six years of imprisonment are those qualified for
probation. If the penalty is six years plus one day, he is no longer
qualified for probation.
If the offender was convicted of several offenses which were tried
jointly and one decision was rendered where multiple sentences
imposed several prison terms as penalty, the basis for determining
whether the penalty disqualifies the offender from probation or not is
the term of the individual imprisonment and not the totality of all the
prison terms imposed in the decision. So even if the prison term
would sum up to more than six years, if none of the individual
penalties exceeds six years, the offender is not disqualified by such
penalty from applying for probation.
Ex: May a recidivist be given the benefit of Probation Law?
A: As a general rule, no.
Mandatory conditions:
(1)
The convict must report to the Probation Officer (PO)
designated in the court order approving his application for Probation