Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
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If they are not discharged from confinement, a petition for habeas corpus
should be filed to test the legality of their continued confinement in jail.
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laws should be given retroactive application to favor only those who are
not habitual delinquents.
Under Article 22, even if the offender is already convicted and serving
sentence, a law which is beneficial shall be applied to him unless he is a
habitual delinquent in accordance with Rule 5 of Article 62.
(2) If the repeal is express, the repeal of the repealing law will not
revive the first law, so the act or omission will no longer be penalized.
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This combines both positivist and classical thinking. Crimes that are
economic and social and nature should be dealt with in a positivist
manner; thus, the law is more compassionate. Heinous crimes should be
dealt with in a classical manner; thus, capital punishmen
There is no crime when there is no law punishing the same. This is true to
civil law countries, but not to common law countries.
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No matter how wrongful, evil or bad the act is, if there is no law defining
the act, the same is not considered a crime.
The act cannot be criminal where the mind is not criminal. This is true to
a felony characterized by dolo, but not a felony resulting from culpa. This
maxim is not an absolute one because it is not applied to culpable felonies,
or those that result from negligence.
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Note, however, that not all violations of special laws are mala prohibita.
While intentional felonies are always mala in se, it does not follow that
prohibited acts done in violation of special laws are always mala prohibita.
Even if the crime is punished under a special law, if the act punished is one
which is inherently wrong, the same is malum in se, and, therefore, good
faith and the lack of criminal intent is a valid defense; unless it is the
product of criminal negligence or culpa.
Likewise when the special laws requires that the punished act be
committed knowingly and willfully, criminal intent is required to be
proved before criminal liability may arise.
When the act penalized is not inherently wrong, it is wrong only because a
law punishes the same.
In crimes punished under the Revised Penal Code, the moral trait of the
offender is considered. This is why liability would only arise when there is
dolo or culpa in the commission of the punishable act.
In crimes punished under special laws, the moral trait of the offender is
not considered; it is enough that the prohibited act was voluntarily done.
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In crimes punished under the Revised Penal Code, good faith or lack of
criminal intent is a valid defense; unless the crime is the result of culpa
In crimes punished under special laws, the act gives rise to a crime only
when it is consummated; there are no attempted or frustrated stages,
unless the special law expressly penalize the mere attempt or frustration of
the crime.
5. As to degree of participation
In crimes punished under the Revised Penal Code, when there is more
than one offender, the degree of participation of each in the commission of
the crime is taken into account in imposing the penalty; thus, offenders are
classified as principal, accomplice and accessory.
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offenders is not considered. All who perpetrated the prohibited act are
penalized to the same extent. There is no principal or accomplice or
accessory to consider.
If the wording of the law punishing the crime uses the word “willfully”,
then malice must be proven. Where malice is a factor, good faith is a
defense.
When given a problem, take note if the crime is a violation of the Revised
Penal Code or a special law.
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1. French Rule – Such crimes are not triable in the courts of that
country, unless their commission affects the peace and security of the
territory or the safety of the state is endangered.
1. English Rule – Such crimes are triable in that country, unless they
merely affect things within the vessel or they refer to the internal
management thereof. (This is applicable in the Philippines)
two situations where the foreign country may not apply its criminal law
even if a crime was committed on board a vessel within its territorial
waters and these are:
(2) When the foreign country in whose territorial waters the crime
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was committed adopts the French Rule, which applies only to merchant
vessels, except when the crime committed affects the national security or
public order of such foreign country.
US v. Bull
A crime which occurred on board of a foreign vessel, which began when the
ship was in a foreign territory and continued when it entered into
Philippine waters, is considered a continuing crime. Hence within the
jurisdiction of the local courts.
As a general rule, the Revised Penal Code governs only when the crime
committed pertains to the exercise of the public official’s functions, those
having to do with the discharge of their duties in a foreign country. The
functions contemplated are those, which are, under the law, to be
performed by the public officer in the Foreign Service of the Philippine
government in a foreign country.
Exception: The Revised Penal Code governs if the crime was committed
within the Philippine Embassy or within the embassy grounds in a
foreign country. This is because embassy grounds are considered an
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extension of sovereignty.
Paragraph 5 of Article 2, use the phrase “as defined in Title One of Book
Two of this Code.”
There must be (1) an act or omission; (2) punishable by the Revised Penal
Code; and (3) the act is performed or the omission incurred by means of
dolo or culpa.
Requisites:
1. freedom
2. intelligence
3. intent
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(2) When the crime is a prohibited act under a special law or what is
called malum prohibitum.
On the other hand, discernment is the mental capacity to tell right from
wrong. It relates to the moral significance that a person ascribes to his
act and relates to the intelligence as an element of dolo, distinct from
intent.
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On the other hand, motive implies motion. It is the moving power which
impels one to do an act. When there is motive in the commission of a
crime, it always comes before the intent. But a crime may be committed
without motive.
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a. Requisites:
1. that the act done would have been lawful had the facts been as the
accused believed them to be;
2. intention of the accused is lawful;
3. mistake must be without fault of carelessness.
Mistake of fact would be relevant only when the felony would have been
intentional or through dolo, but not when the felony is a result of culpa.
When the felony is a product of culpa, do not discuss mistake of fact.
Article 4, paragraph 1 presupposes that the act done is the proximate cause
of the resulting felony. It must be the direct, natural, and logical
consequence of the felonious act.
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In error in personae, the intended victim was not at the scene of the
crime. It was the actual victim upon whom the blow was directed, but he
was not really the intended victim.
In mistake of identity, if the crime committed was the same as the crime
intended, but on a different victim, error in persona does not affect the
criminal liability of the offender. But if the crime committed was different
from the crime intended, Article 49 will apply and the penalty for the
lesser crime will be applied. In a way, mistake in identity is a mitigating
circumstance where Article 49 applies. Where the crime intended is more
serious than the crime committed, the error in persona is not a mitigating
circumstance
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aberratio ictus, generally gives rise to a complex crime. This being so,
the penalty for the more serious crime is imposed in the maximum period.
In all these instances the offender can still be held criminally liable,
since he is motivated by criminal intent.
Requisites:
Requisites:
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1. Active force, distinct act, or fact absolutely foreign from the felonious
act of the accused, which serves as a sufficient intervening cause.
2. Resulting injury or damage is due to the intentional act of the victim.
proximate cause does not require that the offender needs to actually
touch the body of the offended party. It is enough that the offender
generated in the mind of the offended party the belief that made him risk
himself.
The one who caused the proximate cause is the one liable. The one
who caused the immediate cause is also liable, but merely contributory or
sometimes totally not liable.
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Notes:
When we say inherent impossibility, this means that under any and all
circumstances, the crime could not have materialized. If the crime could
have materialized under a different set of facts, employing the same mean
or the same act, it is not an impossible crime; it would be an attempted
felony.
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Art 5. Whenever a court has knowledge of any act which it may deem
proper to repress and which is not punishable by law, it shall render the
proper decision and shall report to the Chief Executive, through the
Department of Justice, the reasons which induce the court to believe that
said act should be made subject of legislation.
In the same way the court shall submit to the Chief Executive,
through the Department of Justice, such statement as may be
deemed proper, without suspending the execution of the
sentence, when a strict enforcement of the provisions of this
Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the
injury caused by the offense.
When a person is charged in court, and the court finds that there is
no law applicable, the court will acquit the accused and the judge will
give his opinion that the said act should be punished.
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Development of a crime
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spontaneous
desistance of the
perpetrator
All acts of execution
are present
Crime sought to be
committed is not
achieved
Due to intervening
causes independent
of the will of the
perpetrator
All the acts of
execution are
present
The result sought is
achieved
Desistance
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Applications:
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although the offender may not have done the act to bring about the
felony as a consequence, if he could have continued committing those acts
but he himself did not proceed because he believed that he had done
enough to consummate the crime, Supreme Court said the subjective
phase has passed
NOTES ON ARSON;
In estafa, the offender receives the property; he does not take it. But
in receiving the property, the recipient may be committing theft, not
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estafa, if what was transferred to him was only the physical or material
possession of the object. It can only be estafa if what was transferred to
him is not only material or physical possession but juridical possession as
well.
When you are discussing estafa, do not talk about intent to gain. In
the same manner that when you are discussing the crime of theft, do not
talk of damage.
If the wound is not mortal, the crime is only attempted. The reason
is that the wound inflicted is not capable of bringing about the desired
felony of parricide, murder or homicide as a consequence; it cannot be
said that the offender has performed all the acts of execution which would
produce parricide, homicide or murder as a result.
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Art. 7. Light felonies are punishable only when they have been
consummated with the exception of those committed against persons or
property.
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committing it and the accused will all be charged for treason and not
for conspiracy to commit treason.
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a particular place, anyone who did not appear shall be presumed to have
desisted. The exception to this is if such person who did not appear was
the mastermind.
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Proposal is true only up to the point where the party to whom the
proposal was made has not yet accepted the proposal. Once the proposal
was accepted, a conspiracy arises. Proposal is unilateral, one party
makes a proposition to the other; conspiracy is bilateral, it requires two
parties.
SEDITION;
Composite crimes
As a general rule, when there is conspiracy, the rule is that the act of
one is the act of all. This principle applies only to the crime agreed upon.
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Art. 9. Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their are afflictive, in accordance
with Article 25 of this Code.
Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional, in
accordance with the above-mentioned article.
CLASSIFICATION OF FELONIES
This question was asked in the bar examination: How do you classify
felonies or how are felonies classified?
What the examiner had in mind was Articles 3, 6 and 9. Do not write the
classification of felonies under Book 2 of the Revised Penal Code. That
was not what the examiner had in mind because the question does not
require the candidate to classify but also to define. Therefore, the
examiner was after the classifications under Articles 3, 6 and 9.
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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.
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gravity, stages and the penalty attached to them. Take note that when
the Revised Penal Code speaks of grave and less grave felonies, the
definition makes a reference specifically to Article 25 of the Revised Penal
Code. Do not omit the phrase “In accordance with Article 25” because
there is also a classification of penalties under Article 26 that was not
applied.
In the case of light felonies, crimes prescribe in two months. If the crime
is correctional, it prescribes in ten years, except arresto mayor, which
prescribes in five years.
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For example, a special law punishes a certain act as a crime. The special
law is silent as to the civil liability of one who violates the same. Here is a
person who violated the special law and he was prosecuted. His violation
caused damage or injury to a private party. May the court pronounce
that he is civilly liable to the offended party, considering that the special
law is silent on this point? Yes, because Article 100 of the Revised Penal
Code may be given suppletory application to prevent an injustice from
being done to the offended party. Article 100 states that every person
criminally liable for a felony is also civilly liable. That article shall be
applied suppletory to avoid an injustice that would be caused to the
private offended party, if he would not be indemnified for the damages or
injuries sustained by him.
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But do not think that when a crime is punished outside of the Revised
Penal Code, it is already a special law. For example, the crime of cattle-
rustling is not a mala prohibitum but a modification of the crime theft of
large cattle. So Presidential Decree No. 533, punishing cattle-rustling, is
not a special law. It can absorb the crime of murder. If in the course of
cattle rustling, murder was committed, the offender cannot be prosecuted
for murder. Murder would be a qualifying circumstance in the crime of
qualified cattle rustling. This was the ruling in People v. Martinada.
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Absolutory cause
Article 20 provides that the penalties prescribed for accessories shall not
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be imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural and adopted brothers and
sisters, or relatives by affinity within the same degrees with the exception
of accessories who profited themselves or assisting the offender to profit
by the effects of the crime.
Amnesty;
Absolute pardon;
Under Article 247, a legally married person who kills or inflicts physical
injuries upon his or her spouse whom he surprised having sexual
intercourse with his or her paramour or mistress in not criminally liable.
Under Article 332, in the case of theft, swindling and malicious mischief,
there is no criminal liability but only civil liability, when the offender and
the offended party are related as spouse, ascendant, descendant, brother
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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.
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culprit.
If the person instigated does not know that the person is instigating him
is a law enforcer or he knows him to be not a law enforcer, this is not a
case of instigation. This is a case of inducement, both will be criminally
liable.
In entrapment, the person entrapped should not know that the person
trying to entrap him was a law enforcer. The idea is incompatible with
each other because in entrapment, the person entrapped is actually
committing a crime. The officer who entrapped him only lays down ways
and means to have evidence of the commission of the crime, but even
without those ways and means, the person entrapped is actually engaged
in a violation of the law.
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Extenuating circumstances
Illustrations:
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In justifying circumstances –
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In exempting circumstances –
Reference:
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