Crim Law Reviewer(2012)

7/31/2019 Crim Law Reviewer(2012)

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- Is meant inaction, the failure to perform a positive duty which one isbound to do.

Classification of felonies:1. Intentional Felonies- The act or omission of the offender is malicious.2. Culpable Felonies

- The act or omission of the offender is not malicious.- Unintentional.

Imprudence- indicates a deficiency of action.

Negligence- indicates a deficiency in perception.

Requisites of dolo

1. FREEDOM without this, he is no longer a human being but a tool

2. INTELLIGENCE necessary to determine morality of human acts

3. INTENT to commit the act with malice

Mistake of fact ( ignorantia facti excusat)

- Misapprehension of fact on the part of the person who caused injury

to another.

Requisites:

1. Act done would have been lawful had the facts been accused

believed them to be

2. Intention should be lawful

3. Mistake should be without fault or carel essness on the part of

the accused.

Actus non facit reum nisi mens sit rea

the act itself does not make a man guilty unless his intention were so

Actus me invite factus non est meus actus

an act done by me against my will is not my act

Requisites of culpable Faelonies:

1. FREEDOM without this, he is no longer a human being but a tool

2. INTELLIGENCE necessary to determine morality of human acts

3. He is IMPRUDENCE, NEGLIGENCE, LACK OFFORESIGHT ORSKILL while doing the act or omitting to do an the act.

Mala in se/Mala Prohibita

y Mala in se wrongful in nature; inherently immoral (i.e. rape, theft,

murder)

There must be criminal intent

y Mala Prohibita wrong merely because prohibited by statute;

punished by special law (i.e. illegal possession of firearm s)

it is sufficient if the prohibited act was intentionally

done

Good faith and absence of criminal intent are not

valid defenses in crimes punished by special laws

Motive and Intent

y Motive moving power which impels one to action for a definite result

Relevant if identity of accused is in dispute

Existence however is not sufficient proof of guilt

y Intent purpose to use a particular means to effect such result


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Art. 4. Criminal liability. Criminal liability shall be incurred:1. By any person committing a felony ( delito) although thewrongful act done be different from that which he intended.2. By any person performing an act which would be an offenseagainst persons or property, were it not for the inherentimpossibility of its accomplishment or an account of theemployment of inadequate or ineffectual means.

El que es causa de la causa es causa de mal causado he who is thecause of the cause is the cause of the evil caused.

Error in personae

-a mistake in the identity of the victim

Aberratio ictus- misateke in the blow

Praeter intentionem - injuries result in greater than that intended.

Requisites of PAR 1:

1. Intentional felony has been commmited.

2. Wrong done to the aggrieved party be the direct, natural and logical

consequence of the felony committed by the offender.

Proximate cause

that cause, which, in natural and continuous sequence, unbroken

by any efficient intervening cause produces the injury, and without

which the result would not have occurred

Natural

- Refers to an occurrence on the ordinary course of human life or

events

Logical

- Means that there is a rational connection between the act of the

accused and the resulting injury or damage.

Impossible Crimes commission is indicative of a criminal propensity or

tendency on the part of the actor.

Requisites of IC1. Act is an offense against persons/property

2. With evil intent

3. Accomplishment is inherently impossible or means employed is either

inadequate or ineffectual.

4. Act should not constitute a violation of another provision of the RPC

Felonies against persons are:

a. Parricide

b. Murder

c. Homicide

d. Infanticide

e. Abortion

f. Duel

g. Physical Injuries

h. Rape

Felonies against property:

a. Robbery

b. Brigandage

c. Theft

d. Usurpation

e. Culpable insolvency

f. Swindling and other deceits

g. Chattel mortgage


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Elements:1. The offender commences the commission of the felony directly by

overt acts.2. He does not perform all the acts of execution which should produce

the felony3. The offenders act is not stopped by his own spontaneous

desistance4. The non performance of all acts of execution was due to cause or

accident other than his spontaneous desista nce.

Overt acts- Some physical activity or deed, indicating the intention to commit a

particular crime, more than a mere planning or preparation, which ifcarried to its complete termination following its natural course,without being frustrated by external obstacles nor by the voluntarydesistance of the perpetrator, will logically and necessarily ripeninto a concrete offense

Indeterminate offense

- Where the purpose of the offender in performing an act is notcertain.

Subjective phase

- The proportion of the acts constituting the crime, starting from thepoint where the offender begins the commission of the crime to thepoint where he has till control over his acts, including their naturalcourse.

Development of crime:1. Internal acts mere ideas in the mind of a person2. External actsa. Preparatory actsb. Acts of execution.

Frustrated felony Attempted Felony

Offender has not accomplished his criminalpurpose

The offender performed

all the acts of executionwhich would produce

Merely commences the

commission of a felonydirectly by overt acts

the felony as aconsequence.

and does not perform allthe acts of execution.

Attempted/Frustrated Impossible crime

The evil intent of the offender is not accomplished.The evil intent ispossible ofaccomplishment

It cannot beaccomplished

Prevented by theintervention of certaincause or accident in

which the offender hadno part.

The means employed bythe offender isinadequate or

ineffectual.

How to determine whether it is A, F or C?1. The nature of the offense2. The elements constituting the felony3. The manner of committing.

Art. 7. When light felonies are punishable. Light felonies arepunishable only when they have been consummated, with theexception of those committed against person or property.

Light Felonies

- Those infractions of law for the commission of which the penalty ofarresto menor or fine not exceeding 200 pesos or both, is provided.

LF punished by RPC

1. Slight physical injuries2. Theft3. Alteration of boundary remarks4. Malicious mischief5. Intriguing against honor.


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Art. 8. Conspiracy and proposal to commit felony. Conspiracy andproposal to commit felony are punishable only in the cases in whichthe law specially provides a penalty therefor.A conspiracy exists when two o r more persons come to an agreementconcerning the commission of a felony and decide to commit it.There is proposal when the person who has decided to commit afelony proposes its execution to some other person or persons.

Requisites of conspiracy:1. That 2 or more persons came to an agreement.2. That the agreement concerned the commission of a felony3. The execution of the felony be decided upon.

Conspiracy punished by law:

1. to commit treason (also proposal)

2. to commit coup dtat, rebellion or insurrection (also proposal)

3. to commit sedition4. in monopolies and combinations in restraint of trade

Requisites of proposal:1. A person has decided to commit a felony.2. That he proposes its execution to some other person/persons.

Art. 9. Grave felonies, less grave felonies and light felonies.

Grave felonies are those to which the law attaches the capital

punishment or penalties which in any of their periods are afflictive, inaccordance with Art. 25 of this Code.

Less grave felonies are those which the law punishes with penaltieswhich in their maximum period are correctional, in accordanc e withthe above-mentioned Art.

Light felonies are those infractions of law for the commission ofwhich a penalty of arrest menor or a fine not exceeding 200 pesos or

both; is provided.

Classification of felonies acc to their gravity1. Grave felonies2. Less grave felonies3. Light felonies

Afflictive Penalties

o Reclusion perpetua

o Reclusion temporal

o Perpetual/temporary absolute disqualification

o Perpetual/temporary special disqualification

o

Prison mayorCorrectional penalties

o Prison correccional

o Arresto mayor

o Suspension

o Destierro

Art. 10. Offenses not subject to the provisions of this Code. Offenses which are or in the future may be punishable under speciallaws are not subject to the provisions of this Code. This Code shall besupplementary to such laws, unless the latter should speciallyprovide the contrary.

2 clauses:1. Offenses under special laws are not subject to the provisions of the

code.2. Makes code supplementary to such laws.

Special law

- A penal law which punishes acts not defined and penalized by thePenal code.


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Basis:Complete absence of intelligence

PAR 2:A person under nine years of age.

RA 9344Juvenile Justice and Welfare Act of 2006Raised the age of absolute irresponsibility from 9 to 15 years of age.

Basis: absence of intelligence.

PAR 3:A person over nine years of age and under fifteen, unless he has actedwith discernment, in which case, such minor shall be proceeded against inaccordance with the provisions of Art. 80 of this Code.

When such minor is adjudged to be criminally irrespons ible, the court, inconformably with the provisions of this and the preceding paragraph, shall

commit him to the care and custody of his family who shall be charged withhis surveillance and education otherwise, he shall be committed to the careof some institution or person mentioned in said Art. 80.

Periods of criminal responsibility1. Absolute irresponsibility2. Conditional responsibility3. Full responsibility4. Mitigated responsibility

Discernment- Who commits an act prohibited by law, is his mental capacity to

understand the difference between right and wrongAnd

- Such capacity may be known and should be determined by takinginto consideration all the facts and circumstances afforded by therecords

y In each case

y The very appearance

y The very attitude

y The very comportment

y And behavior of said minor-

Not only before and during the commission of the act, but also afterand even during the trial .

Intent Discernment

Desired act of theperson

Relates to the moralsignificance that aperson ascribes to thesaid act.

Discernment may be shown:1. Manner of committing the crime2. Conduct of offender

Basis: absence of intelligence

PAR 4:Any person who, while performing a lawful act with due care, causes aninjury by mere accident without fault or intention of causing it.

Elements:1. A person is performing a lawful act2. With due care3. He causes an injury to another by mere accident4. Without fault or intention of causing it.

Accident- Something that happen outside the sway of our will, and although it

comes about through some act of our will, lies beyond the boundsof humanly foreseeable consequences.

Negligence

- The failure to observe, for the protection of the interest of anotherperson, that degree of care, precaution and vigilance whichcircumstances justly demand without w hich such other personsuffers injury.

Basis: lack of negligence and intent.


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PAR 5:Any person who acts under the compulsion of an irresistible force .

Basis: complete absence of freedom.

Elements:1. The compulsion is by means of physical force

2. The physical force must be irresistible3. Physical force must come from a third person.

PAR 6:Any person who acts under the impulse of an uncontrollable fear of anequal or greater injury.

Elements:1. The threat which causes the fear is of greater than or at least equal

to, that which is required to commit.2. That it promises an evil of such gravity and imminence that the

ordinary man would have succumbed it.

Requisites of uncontrollable fear:1. Existence of an uncontrollable fear2. The fear must be real and real i mminent3. Fear of an injury is greater than or at least equal to that committed.

Irresistible force Uncontrollable fear

The offender usesviolence or physicalforce to compel anotherperson to commit acrime.

The offender employsintimidation or threat incompelling another tocommit a crime.

Basis: complete absence of freedom

PAR 7:Any person who fails to perform an act required by law, when prevented bysome lawful or insuperable cause.

Elements:1. That an act is required by law to be done.

2. That a person fails to perform such act3. That his failure to perform such act was due to some lawful or

insuperable cause.

Basis: he acts without intent.

Absolutory causes

- Those where the act committed is a crime but for reasons of publicpolicy and sentiment there is no penalty imposed.

Instigation Entrapment

The instigator practicallyinduces the would beaccused into thecommission of theoffense and himselfbecomes co principal.

Ways and means areresorted to for thepurpose of trapping andcapturing the lawbreakerin the execution ofcriminal plan

The accused must beacquitted

No bar to theprosecution andconviction of thelawbreaker.

The law enforcerconceives thecommission of the crimeand suggest to theaccused who adopts theidea and carries it intoexecution

The means originatesfrom the mind of thecriminal


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of public order and the protection and security if life and propertyand any person who comes to the aid of persons in authority.

When surrender is voluntary?

1. Must be spontaneous2. Intent of the accused to submit himself unconditionally to the

authorities must either because

y He acknowledges his guilt

y He wishes to save them the trouble and expense neces sarilyincurred in his search and capture.

Requisites of plea of guilty:1. That the offender spontaneously confessed his guilt

2. That the confession of guilt was made in open court that is, beforethe competent court that is to try the case.

3. That the confession of guilt was made prior to the presentation ofevidence for the prosecution.

PAR 8:

That the offender is deaf and dumb, blind or otherwise suffering somephysical defect which thus restricts his means of action, defense, or

communications with his fellow beings.

PAR 9:

Such illness of the offender as would diminish the exercise of the will -power of the offender without however depriving him of the consciousnessof his acts.

Requisites:

1. That the illness of the offender must diminish the exerc ise of hiswill-power

2. That such illness should not deprive the offender of consciousnessof his acts.

PAR 10:

And, finally, any other circumstances of a similar nature and analogous to

those above mentioned.

Crim Law Reviewer(2012)

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