Amurao Notes

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Leeccttuurre e & & RReecciittaattiioon n NNootteess AAttttyy. . MMaaxxiimmo o AAmmuurraaoo

CRIMINAL LAW 1 CRIMINAL LAW 1 June 17, 2011

Introducon to Criminal Law

Q: What is criminal law?

CRIMINAL LAW – branch of law which denes crimes, treats of their natre and !ro"ides for their !nishment

Q: #!!ose Con$ress enacted a !iece of le$isla%on, and an& "iola%on of that law, !enalt& will be !a&ment of dama$es, is that criminal law?

No, it is Ci"il law' Ci"il !roceedi n$s are ta(en for the !r!ose of obtainin$ com!ensa%on for in)r&, and ma& ths be dis%n$ished from criminal !roceedin$s, whose !r!ose is to in*ict !nishment' Q: #!!ose the form of !enalt& will be consca%on of license, is that criminal law?

Q: +ow will &o dene a crime?

what !ar%clar act cons%ttes the crime what are the elements of the acts Q: What is criminal !rocedre?

CRIMINAL -R.C/01R/ – bod& of rles that enforces or re$lates criminal law, !ro"ides for the ste!s in the !rosec%on and2or con"ic%on of an accsed'

Q: Is there an& di3erence between criminal law and criminal !rocedre?_4es' Q: What are the di3erences?

CRIMINAL LAW CRIMINAL -R.C/01R/

sbstan%"e !rocedral2remedial

5/N/RALL4 !ros!ec%"e, !ros!ec%"e, 617 CAN 6/ a!!lied R/7R.AC7I8/ nless fa"orable to the accsed,

!ro"ided accsed is not a habital delin9ent

onl& comes from the le$isla%"e can be !roml$ated b& the )diciar& or lawma(in$ bod&; ne"er from

the e<ec%"e or )diciar&

in fa"or of the ends of sbstan%al )s%ce Q: who is a habital delin9ent?

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A !erson who within a !eriod of => &ears from the date of his last release or con"ic%on of the crimes of 1) serious or less serious physical injuries, 2) robo, 3)hurto 4)estafa or ) falsi!caon , he is fond $ilt& of an& of said crimes a third %me or oener @Art B, r!c

Q: #!!ose accsed is a +0, will there be !ros!ec%"e or retroac%"e a!!lica%on of criminal law? Q: Is criminal law the same as the R-C?

4es Q: What is a crime?

5eneric term sed to refer to a wron$doin$ !nished either in R-C or nder a s!ecial law Q: Who has the !ower to enact laws?

Con$ress @Le$isla%"e Q: Is the !ower of Con$ress absolte?

No' 7here are limita%ons' It shold not "iolate the cons%t%on

Q: We call or !enal code, the R/8I#/0 -/NAL C.0/, wh&, which !enal code was re"ised? 7he #!anish -enal Code

Q: +ow was it re"ised?

A commiDee was formed !rsant to Administra%"e .rder No' EF b& the 0e!artment of Gs%ce'

7he commiDee was formed on .ct =H, =HB

7he commiDee was com!osed of Anacleto 0iaJ @head; Qin%n -aredes ; Ale< Re&es and Mariano 0e Go&a

Q: +ow did the re"ision come abot?

the R-C contains !ro"isions of the #!anish !enal code, 1# -enal Code and #C decisions of the -hili!!ines before the crea%on of the R-C

Q: What are the sorces of criminal law? Re"ised -enal Code

#!ecial -enal Laws enacted or !assed b& the -hili!!ine Commissi on, -hili!!ine Assembl&, -hili!!ine Le$islatre, Na%onal Assembl&, 6atasan$ -ambansa, Con$ress of the -hili!!ines -enal -residen%al 0ecrees issed drin$ Mar%al Law @onl& becase the -resident at that %me had le$isla%"e !ower, bt $enerall&, the /<ec%"e branch cannot isse /. or -- that are !enal in natre

#!anish -enal Code

1# -enal Code @we co!ied the 3 crimes from the 1# -enal Code: estafa, mal"ersa%on, etc Q: Who has the !ower to dene crimes?

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Q: Wh& does the #tate has the !ower to dene crimes?

6ecase of its !olice !ower' 7he ri$ht to !rosecte and !nish crimes is "ested in the so"erei$n !ower, which is the Kili!ino !eo!le'

Q: When did the R-C too( e3ect? Gan =, =EB

Q: Wh& is there a lon$ la!se of %me in the e3ec%"it& and a!!ro"al of the R-C? #o that -+ will be familiariJed with the new !ro"isions of the R-C

Q: Who a!!ro"ed the R-C?_{1# -resident}

Q: What are the theories in criminal law? Classical, -osi%"ist, Mi<ed CLA##ICAL

the ob)ec%"e is retrib%on  the em!hasis is on the crime

consistent with the sa&in$ an e&e for an e&e, a tooth for a tooth  man has free will to do or not to do

 the criminal liabilit& arises from (nowled$e and freedom man is a ra%onal bein$

e<am!le: RA EB @+man #ecrit& Act of B>> -.#I7I8I#7

the ob)ec%"e is reforma%on the em!hasis is on the criminal

belie"es that crime is a social !henomenon sees man as a moral2hman bein$ man b& natre is $ood

man is e<!osed to en"ironment where man is com!elled to do a crime e<am!le: RA EFF @G"enile Gs%ce and Welfare Act of B>>

-roba%on Law of =E Indeterminate #entence Law MIO/0

combines the classical and the !osi%"ist a!!lied classical theor& for heinos crimes a!!lies the !osi%"ist for economic and social crimes Q: What do we a!!l& in the -hili!!ines?

Mi<ed' .r s&stem is a liDle bit of classical and a liDle bit of !osi%"ist' 7he R-C is classical and recent laws enacted b& the le$islatre are !osi%"ist in natre'

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Q: What is the de$ree of !roof needed to con"ict an accsed of a criminal char$e? -roof be&ond reasonable dobt

Q: Is this absolte? No'

In the crime of treason, -6R0 is not the onl& re9irement' 7here is a re9irement of the B witness rle

Q: Ma& a !erson be con"icted b& reason of the s!irit of the law?

No' .nl& b& the lan$a$e of the law' It shold be clear and in case of dobt, it shold be fa"orable to the accsed'

June 21, 2011

Q: What are the (inds of re!eals? =' Absolte or /<!ress

the e3ect is decriminaliJa%on the oblitera%on of a crime

for !endin$ cases, the case shall be dismissed

for those ser"in$ sentence, the& shall be released becase there is no more reason for the accsed to ser"e sentence

B' -ar%al or Im!lied

the crime is s%ll !nishable, bt modied @in terms of !enalt&

e<am!le: the case of Robin -a dilla, -0 =H was !ar%all& re! ealed b& RA HBEF, which redced the sentence for ille$al !ossession of rearms, ths 9alif&in$ Robin -adilla for !arole

' #elfre!ealin$

deemed re!ealed !on the e<!ira%on of the date s!ecied b& the law the law dies a natral death

e<am!le: RA =>> @An%#b"ersion Law and Rent Control Law Q: What is the "eneral characterisc of criminal law?

Criminal Law is bindin$ on all !ersons who li"e or so)orn in the -hili!!ine territor&, re$ardless of race, na%onalit&, !oli%cal aPlia%on'

Q: Is this rle absolte?

No' 7he e<ce!%ons are: =' 7rea%es

B' Laws of !referen%al a!!lica%on Q: What is the territorial characterisc of criminal law?

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Q: What is the ra%onale behind this?

A crime is an o3ense a$ainst the di$nit&, athorit& and so"erei$nt& of the -h territor&; and onl& the state in which the di$nit&, athorit& and so"erei$nt& has been o3ended has the ri$ht to !nish the o3ender'

Q: Is the territorialit& absolte?

No' 7he e<ce!%ons are: =' 7rea%es

B' Laws of !referen%al a!!lica%on

Q: .ther characteris%c of criminal law?_{-ros!ec%"e @non retroac%"it&} /<ce!%on: fa"orable to the accsed

/<ce!%on to the e<ce!%on: accsed is a habital delin9ent

Q: Can &o $i"e an e<am!le of a treat& that is an e<ce!%on to the $eneralit&  territorialit& !rinci!les of criminal law?

8KA

Q: Wh& is 8KA an e<ce!%on?

5eneralit& – becase e"en if the accsed so)orn in the -hili!!ines, the accsed will not be !rosected in !h corts

7erritorialit& – becase e"en if the accsed commiDed the crime in the -hili!!ines, the accsed will not be !rosected in !h corts

Q: Who are the !ar%es to 8KA? 1# and -+

Q: who are co"ered b& the 8KA? 1# militar& !ersonnel

1# ci"ilian !ersonnel connected to the 1# militar& o!era%ons in the -hili!!ines Q: Who is a 1# militar& !ersonnel?

militar& members of the 1nited #tates Arm&, Na"&, Marine Cor!s, Air Korce, and Coast 5ard Q: Is the American Red Cross !ersonnel co"ered b& the 8KA?

4es' Is he is !art of the 1# !ersonnel Q: What are the t&!es of )risdic%on in 8KA?

/<clsi"e and Concrrent

Q: What do &o mean b& e<clsi"e  concrrent )risdic%on?

/<clsi"e – e<clsi"e of other corts; "ests )risdic%on on one cort Concrrent – both contries ha"e )risdic%on

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Q: When is it e<clsi"e?

-+ ha"e e<clsi"e )risdic%on – crimes !nishable nder -+ laws bt not !nishable nder 1# laws'

1# ha"e e<clsi"e )risdic%on  crimes !nishable nder 1# laws bt not !nishable nder -+ laws'

Q: When is it concrrent?

Crimes !nishable both nder -+ and 1# laws'

Q: 6t, e"en if )risdic%on is concrrent, when will -+ ha"e !rimar& )risdic%on?_{-hili!!ine athori%es shall ha"e the !rimar& ri$ht to e<ercise )risdic%on o"er all o3enses} #specially , when it is a threat to the secrit& of the -hili!!ines,

a treason bes!iona$e csabota$e /OC/-7:

crime commiDed b& a 1# !ersonnel a$ainst the !ro!ert& and secrit& of the 1# – -h has no )risdic%on, these incldes:

=' a$ainst the !ro!ert& of the 1# B' a$ainst the secrit& of the 1#

' a$ainst the !ro!ert& of another militar& !ersonnel F' a$ainst the secrit& of another militar& !ersonnel ' commiDed in the !erformance of oPcial d%es

Q: #!!ose 1# militar& !ersonnel was dri"in$ at Ro<as 6l"d to deli"er a conden%al leDer to the 1# embass&, while dri"in$, he rn o"er a !edestrian, which cort has )risdic%on?

1#' CommiDed in the !erformance of oPcial d%es'

Q: #!!ose one ni$ht 1# militar& !ersonnel went to the bar, aer drin(in$ and bein$ so %!s&, ra!ed a woman, which cort has )risdic%on?

-+' Not in the !erformance of oPcial d%es

Q: #!!ose B Kili!ino ci%Jens wor(in$ as 1# militar& !ersonnel in the -+ had a 9arrel' Kili!ino = shoots Kili!ino B' Who has )risdic%on?

1#' Ci%Jenshi! is immaterial' What is im!ortant is aDachment to the 1# militar& Q: #!!ose the one who was in)red led a ci"il case for dama$es, will it !ros!er?

No' 8KA co"ers onl& criminal as!ect

Q: = 1# marine stole the wallet of another 1# marine, who has )risdic%on? 1#' -ro!ert& of another militar& !ersonnel

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5enerall&, the -+ has to wai"e )risdic%on !on re9est of 1#' 7he re9est for wai"er cannot be re)ected'

Q: Is this rle absolte?

No' 7he re9est for wai"er ma& be re)ected if the crime is of !ar%clar im!ortance RA EE @heinos crime

RA => @child abse cases RA E= @dan$eros dr$s

Q: #!!ose 1# militar& !ersonnel commiDed (idna!!in$, who has )risdic%on? -+ corts' 7his is a crime a$ainst !ersonal secrit&

Q: 5i"e an e<am!le of Laws of -referen%al A!!lica%on that is local in natre? Cons%t%on

immnit& sit of !resident

absolte immnit& of Con$ress for !ri"ile$e s!eeches Con$ress immne from libel

N.7/: Art , #ec ==, =EH Cons% is not an e<ce!%on' 6/CA1#/ Con$ress is onl& immne from arrest not from !rosec%on

Q: What else?

RA  – -blic Interna%onal Law

0i!loma%c immnit& and cannot be sed, arrested or !nished b& the law of the contr& where the& are oPciall& assi$ned:

Ambassadors

#o"erei$n or other chief of #tate

Ministers !leni!oten%ar& or minister residents Char$e dSa3airs

0omes%c #er"ants of !ersons men%oned

N.7/: Consls and other conslar oPcials are not e<em!t from criminal liabilit& becase the& re!resent the bsiness, commercial mercan%le of their contr&; while, ambassadors, chiefs of #tate, etc' re!resent the !oli%cal interests of their contr& of ori$in'

WAR#+I- R1L/

warshi! of another contr&, e"en tho$h doc(ed in the -+ is considered an e<tension of the territor& of that contr&

Q: s!!ose the warshi! of 1# is doc(ed at #bic, one da&, &o went to #bic with &or $f, bro$ht her to the shi!, and then ra!ed her' Will &o be !rosected?

No' Warshi! is an e<tension 1# territor&

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No' Warshi! rle

/mbass& Rle – same as warshi! rle

Q: #!!ose one da&, &o sht a !erson at Ro<as 6l"d, when the !olice oPcers were rnnin$ aer &o, &o )m!ed o"er the fence of 1# embass&' Ma& the oPcers arrest &o, while &o are inside the 1# embass&?

No'

Q: What is then the remed& of the oPcers @-h $o"ernment? /<tradi%on

Q: s!!ose a Kili!ina le$all& married had se<al intercorse with an American at the -h embass&' Is there an& crime commiDed?

4es' 7he crime of adlter&, bt she cannot be !rosected nder -h corts becase of the embass& rle'

Q: who else is e<em!t2immne from criminal !rosec%on? /<ec%"e directors of W+.

Members of the Cons%t%onal Commission Gs%ces of #!reme Cort

Q: +ow abot conslar oPcials?

7he& are not co"ered' 7he& are not e<em!t from criminal liabilit& becase the& re!resent the bsiness, commercial mercan%le interests of their contr& of ori$in'

Q: #!!ose Ambassador of Ga!an to the 1# commiDed a crime in the -hili!!ines, ma& he be !rosected? 4es, becase he is not a reco$niJed di!loma%c re!resenta%"e of his contr& to the -hili!!ines'

$rcle 2

T!ar = of Art B is not an e<em!%on to the territorialit& !rinci!le, it is /O7RA7/RRI7.RIALI74U Q: 7he rst instance in Art B?

#hold commit an o3ense while on -h shi! or airshi! Q: What is -h shi! or airshi!?

#hi! re$istered with MARINA

Airshi! re$istered with Ci"il Aerona%cs 6oard

Q: What are the re9irements in order a shi!2airshi! be a -h shi!? It mst be re$istered in accordance with -h laws

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7he law re9irin$ re$istra%on in 6rea of Cstoms had been re!ealed' Now its Marina and CA6 Q: 0oes -+ inclde warshi!?

No' Warshi! has di3erent rle

Q: #!!ose a car$o shi! in QeJon $oin$ to Mala&sia, within -h territor&, = crew commiDed homicide a$ainst another crew, who has )risdic%on?

-+' 7he crime is commiDed in -+ territor&

It is not im!ortant whether car$o shi! is re$istered or not, becase crime commiDed in -h territor&' @7erritorialit& !rinci!le

Q: #!!ose that car$o shi! tra"ersed thro$h interna%onal waters then reached the waters of Mala&sia, = crew member commiDed homicide a$ainst another' Which cort?

Mala&sia' 6ecase the crime is commiDed in Mala&sian waters TArt B, !ar = ceases to a!!l& if the shi! is in the territor& of forei$n contr& TArt B, !ar = a!!lies onl& if the shi! is in interna%onal waters

Q: #!!ose &o li"e in a coastal town, then &o hired an nre$istered motorboat, then &o went to intSl waters, then &o shoot &or $f becase &o are so de!ressed becase of recita%ons in criminal law re"iew, will &o be liable?

No' nre$istered motorboat

Q: s!!ose in the same motorboat, a married man with his new $f went on hi$h seas, and there $ot married' Is the man liable for an& crime?

4es' +e is liable for bi$am&' @becase he contracted a second marria$e

617 he cannot be !rosected becase of the territorialit& !rinci!le' 7he crime was commiDed otside -h territor&'

Q: s!!ose aer the weddin$ ceremon&, &o went to a resort, where there is a bi$ rece!%on' In that resort, &o had &or hone&moon; will &o @married man be liable for an& crime?

No' Not concbina$e becase mere se<al inte rcorse not !ni shable, it mst be nder scandalos manner

Q: s!!ose aer &or hone&moon, &o li"e to$ether in a condo in Manila, will &o be liable? 4es' Concbina$e

Cohabita%on; li"in$ in a se!arate home as hsband and wife Q: What are the B rles?

/n$lish Rle – "essel is in the territor& of another contr&, crimes commiDed in that area are triable in that other contr&, nless the crimes commiDed in"ol"e !rel& internal maDers within the "essel; the em!hasis is on the territorialit& of the "essel; where the "essel is fond

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Krench Rle – "essel is in the territor& of another contr&, crimes commiDed in that area are not triable in that contr&, nless the crimes commiDed ha"e endan$ered the !eace and secrit& of that contr&; the em!hasis is on the na%onalit& of the "essel; )risdic%on lies where the merchant "essel is re$istered'

T7he -+ adheres to the /n$lish rle

Q: Car$o shi!, re$istered in -anama while in Manila, = crew member shoot the other crew member, who has )risdic%on?

-h corts' Crime commiDed in manila

Q: Car$o shi!, re$istered in -anama, carried shab, which cort has )risdic%on? -h corts'

Q: #econd instance in Art B? Art B !ar B'

%hould for"e or counterfeit any coin or currency note of the &hilippine Islands or obli"aons and securies issued by the 'o(ernment of the &hilippine Islands

Q: what ma& be the sb)ect of for$er&?

An& coin, Crrenc& Note, obli$a%ons and secri%es issed b& the 5o"ernment of the -hili!!ine Islands

Q: #!!ose &o ha"e a !rin%n$ !ress in 7aiwan, and &o !rinted 6a$on$ Li!nan notes @mar%al law, liable?

No' 6ecase 6a$on$ Li!nan notes are not le$al tender Q: #!!ose coins withdrawn from circla%on, liable?

4es' 7he law does not dis%n$ish' It sa&s AN4 C.IN Q: #!!ose in &o tam!ered a loDo %c(et, liable?

4es' LoDo %c(et is obli$a%ons and secri%es issed b& the 5-I Q: $i"e e<am!les of obli$a%ons and secri%es of 5-I

7reasr& bills, loDo %c(ets, bonds of the

6#-T.bli$a%ons and #ecri%es of 5#I#, ###, Landban( are not of the 5-I becase the& ha"e their own charter

Q: an& other instance? Art 2, par 3 Art 2, par 3

%hould be liable for acts connected with the introducon into these islands of the obli"aons and securies menoned in the presidin" number

(11)

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CRRIIMMIINNAAL LLAL AWW PPaagge 111 e oof 1 114f 433 L

Tthose who introdced the conterfeited items are criminall& liable, e"en if the& were not the ones who conterfeited the obli$a%ons  secri%es

Ton the other hand, those who conterfeited the items are criminall& liable e"en if the& did not introdce the conterfeit items

Q: an& other instance? Art 2, par. 4 Art 2, par. 4

hile bein" public o*cers or employees, should commit an o+ense in the eercise of their funcons

Q: who is a !blic oPcer? -see $rt 2.3)

ta(in$ !art in the !erformance of !blic fnc%ons in the $o"ernment, or !erformin$ in said $o"ernment or in an& of its branches !blic d%es as an em!lo&ee, a$ent or sbordinate oPcial, of an& ran( or class; and

that his athorit& to ta(e !art in the !erformance of !blic fnc%ons or to !erform !blic d%es mst be –

a' b& direct !ro"ision of the law, or b' b& !o!lar elec%on, or

c' b& a!!ointment b& com!etent athorit&

Q: #!!ose -+ ambassador to 5erman& was $i"en 1#0 B>>,>>> as a fnd to reno"ate the -+ embass& bildin$ in 5erman&' +e sed onl& 1#0 >,>>> for the reno"a%on, and $a"e the 1#5 =>,>>> to his nmber B in 5erman&' Is he @ambassador liable?

4es' +e is liable for mal"ersa%on of !blic fnds' +e ma& be !rosected in -h corts' +e was in cstod& of the mone& b& reason of his oPcial fnc%ons

Q: #!!ose or AK- hi$h oPcials were tas(ed to scot for rearms abroad, and while the& are ne$o%a%n$ with forei$n com!anies abroad, these com!anies inserted 1#0=>>> in the !ro!osal folder in an%ci!a%on that their com!an& will be chosen b& to be the s!!lier of or rearms' Ma& these AK-oPcials be liable?

4es' 7he& are liable for briber&'

Q: @follow! /"en if the act of acce!%n$ the bribe was commiDed abroad, will the& s%ll be liable? 4es, becase the act was commiDed in rela%on or while the AK- are in dischar$e of their oPcial fnc%ons'

Q: #!!ose Chairman Abalos @comelec while !la&in$ $olf in #han$hai, China recei"ed 1#0>,>>> in rela%on to the V7/? Is there a crime commiDed? Ma& he be liable?

Crime – an% $ra  corr!t !rac%ces act

617, he cannot be liable2!rosected before -h corts becase Abalos has nothin$ to do with V7/ @!a(i alamera lan$ si&a' 7herefore, he recei"ed the mone& notnot in connec%on with his oPcial fnc%on'

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CRRIIMMIINNAAL LLAL AWW PPaagge 11+ e oof + 114f 433 L

Q: #!!ose the -+ ambassador to Astralia is le$all& married' Can he be !rosected for concbina$e? No' Crime was commiDed otside -+

Crime was not in rela%on to oPcial fnc%ons #lements of concubina"e/

=' 7hat the man mst be married'

B' 7hat he commiDed an& of the followin$ acts: a' ee!in$ a mistress in the con)$al dwellin$'

b' +a"in$ se<al intercorse nder scandalos circmstances with a woman wh o is not his wife'

c' Cohabi%n$ with her in an& other !lace'

' 7hat as re$ards the woman she mst (now him to be married Q: Can the -+ ambassador se immnit& from sit as a defense a$ainst -+ corts?

No

Q: -+ ambassador, married, had se<al intercorse with her American bo&friend in the comfort room of -+ embass&' Ma& he be !rosected?

4es' -h embass& is an e<tension of -h territor& 0or what crime  adultery

Q: ma& the American ci%Jen bf be liable for an& crime? 4es' Adlter&

#lements/

7hat the woman is married @e"en if marria$e sbse9entl& declared "oid 7hat she has se<al intercorse with a man not her hsband'

7hat as re$ards the man with whom she has se<al intercorses, he mst (now her to be married'

Q: Last instance? Art 2, par 5 Art 2, par 5

%hould commit any of the crimes a"ainst naonal security and the law of naons, de!ned in itle ne of oo5 wo of this Code6

Q: 5i"e e<am!le of crimes a$ainst na%onal secrit&? 7reason, es!iona$e, cons!irac& to commit treason Q: +ow abot rebellion?

No' rebellion is crimes a$ainst !blic order Q: crimes commiDed b& the MILK?

No' Crime a$ainst !blic order Q: e<am!le of "iola%on of the law of na%ons?

(13)

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Crimes a$ainst hmanit& 5enocide

Q: what are the B (inds of !irac&? -irac& nder the R-C -irac& nder -0 B Q: what does Art B co"ers?

-irac& nder R-C onl&' 6ecase !irac& nder -0B is commiDed within -+ waters

$rcle 3

Q: What are felonies?

Acts and omissions !nishable b& law are felonies @delitos' Q: What do &o mean b& !nishable b& law

-nishable b& the R-C Q: how felonies are commiDed?

Kelonies are commiDed not onl& be means of deceit @dolo bt also b& means of falt @culpa' Q: What is dolo? What is cl!a?

7here is deceit when the act is !erformed with deliberate intent and there is falt when the wron$fl act reslts from im!rdence, ne$li$ence, lac( of foresi$ht, or lac( of s(ill'

T8iola%ons of R-C – felon&

T8iola%ons of s!ecial !enal law – o3enses

T"iola%ons of ordinance – misdemeanor @minor infrac%on of the law Q: What are the re9isites of felon&?

=' Act or omission B' R-C ' 8olntar& a' Kreedom b' Intelli$ence c' Intent

TALL M1#7 6/ -R/#/N7 IN .R0/R 7. INC1R CRIMINAL LIA6ILI74 Q: Is ille$al !ossession of bladed wea!on a felon&?

No' It is not nder the Re"ised -enal Code AD&' Amrao Lectre +i$hli$hts:

7o be considered as a felony there must be an act or omission8 a mere ima"inaon no ma9er how wron" does not amount to a felony6

(14)

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7$n act refers to any 5ind of body mo(ement that produces chan"e in the outside world6 0or eample, if you ha(e in your mind that you will rape this beauful lady, but you did not rape her, you will not be liable6

7$ctus non facit reum, nisi mens sit rea -an act of a criminal should be coupled by a criminal mind)

7It does not mean that if an act or omission is punished under the :e(ised &enal Code, a felony is already commi9ed6 o be considered a felony, it must also be done with dolo or culpa6 7If you do not ha(e freedom, the act is not (oluntary8 the act is not a felony

7hese are ampli!ed in the some pro(isions of the :&C, li5e; Intelli"ence  art 12  insanity, imbecility, minority

0reedom  art 12  under compulsion of some irresisble force8 fear of "reater injury Intent  art 12  by mere accident w<out fault or intent to cause harm

7=ista5e of fact is a (alid defense

Q: What are the di3erences between MALA IN #/ and MALA -R.+I6I7A

MALA IN #/ MALA -R.+I6I7A

intent is essen%al intent is not essen%al $ood faith is a "alid defense $ood faith is not a "alid

defense honest mista(e of fact is a

defense

honest mista(e of fact is not a defense

!nishable nder R-C !nishable nder s!ecial laws condemned b& societ& in)rios to !blic welfare act done mst be criminal

intent

it is sPcient that the !rohibited act was done Q: $i"e e<am!les of Mala In se?

R-C – homicide, mrder, !arricide, arson X and so onX Q: $i"e e<am!les of Mala !rohibita

An% Kencin$ Law 6oncin$ Chec( Law Ille$al -ossession of Kirearms An% +man 7raPc(in$ Law An% +i)ac(in$ Lac(

(15)

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Q: #!!ose &or bf is a !olice oPcer, = da& while &o were ha"in$ &or date in Lneta -ar(, &or bf had to answer the call of natre, so he handed to &o his !istol, while &o were holdin$ it, the oPcers arrested &o, ma& &o be liable for ille$al !ossession of rearms?

No' 7ransient -ossession not liable

Altho$h I was in !ossession, altho$h I ha"e no license to !osses, #%ll not liable becase I ha"e no intent, and this is an e<ce!%on to mala !rohibita

Q: #!!ose the !olice oPcers are rnnin$ aer a man, then the man throw his 'F caliber, &o were arond the corner and &o e<tended &or arms, then the rearm fell on &or hands, ma& &o be liable for ille$al !ossession?

No' 7ransient !ossession

Q: #!!ose I @aD&' Amrao morta$ed m& rearm to &o for > da&s, and on the B>th

da&, there was a raid in &or hose, ma& &o be liable for ille$al !ossession?

4es' 7here is anims !ossendi

an

an act oror omission Act

Act – any physical mo(ement of the bod& @Amrao; any bodily mo(ement tendin$ to !rodce some e3ect in the e<ternal world @Re&es

Omission

Omission – means inacon; the failure to perform a !osi%"e dt& which one is bond to do; there must be a law re9irin$ the !erformance of an act and !nishin$ the omission; e$' arbitrar& deten%on; mis!rision of treason punishabl b! th

punishabl b! th R"is# $nal Co#R"is# $nal Co#

TWhen there is a confict between special penal laws and the Revised Penal Code, in terms o the applicaon o penales, what to follow?

TWhat is im!ortant is thedenion and the classicaon of the act @whether it is an o+ense or a felony 

%pecial &enal Laws Y !enal%es are stated in terms of years, months, days :e(ised &enal Code Y !enal%es are stated in terms of de"rees, with death as the hi"hest penalty ; classied as indi(isible or di(isible

a' indi"isible Y death and !blic censre

b' di"isible @has  !e riods; what !eriod to a!!l& is de!endent on the a$$ra"a%n$ and mi%$a%n$ circmstances !resent in the case $nal%s un#r th R$C &in

$nal%s un#r th R$C &in #scn#in' or#r in trms o( #'r)#scn#in' or#r in trms o( #'r) 0eath or Ca!ital -nishment  indi(isible

(16)

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CRRIIMMIINNAAL LLAL AWW PPaagge 11: e oof : 114f 433 L

Reclsion -er!eta @B>&rs  =da& – F>&rs Reclsion 7em!oral @=B&rs  =da& – B>&rs -rision Ma&or @&rs  =da& – =B&rs

-rision Correccional di(isible

or 0es%erro @mos=da& – &rs Arresto Ma&or @=mo  =da& – mos Arresto Menor @=da& – >da&s Kine

-blic Censre – indi(isible

th acts #on shoul# b

th acts #on shoul# b voluntar! @Amrao

voluntar!  the concrrence of intelli"ence, reedom, intent @.rte$a Tall should be present in order to incr criminal liabilit&

@a intelli"ence – no intelli$ence, no criminal liabilit&; e$' children = &rs old  below are e<em!t from criminal liabilit& @RA EFF

@b freedom – no freedom, act is not "olntar&, no criminal liabilit& @c intent – essen%al to a felon&; !rosec%on has to !ro"e intent; "ood faith is a defense

$rcle 12 of the :&C @/<em!%n$ Circmstances is am!lied b& the im!ortance of the element of "olntariness:

@a intelli$ence – insanit&2imbecilit& ZArt'=B@=[; minorit& ZArt'=B@B[

@b freedom – nder the com!lsion of some irresis%ble force ZArt'=B@[; fear of $reater in)r& ZArt'=B@[; failre to !erform an act re9ired b& law when !re"ented b& some lawfl or ins!erable case ZArt'=B@[

@c intent – b& mere accident w2o falt or intent to case harm ZArt'=B@F[ Alibi

Alibi – sed in defense sa&in$ that the act or omission was not done at all; intends to dispro(e the eistence of an act or omission;wea#est deense; can easil& be fabricated; e$' 8iJconde case – WebbSs alibi Y he ar$ed that he was in the 1# when the crime ha!!ened, therefore, he cold not ha"e (illed the "ic%ms, claimin$ that he is innocent $ctus non facit reum, nisi mens sit rea – an act of a criminal shold be co!led b& a criminal mind

the defense of honest mista#e o act

 the act done b& the accsed wold ha"e cons%tted: @a a )s%f&in$ circmstance @Art'==, R-C

(17)

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CRRIIMMIINNAAL LLAL AWW PPaagge 11- e oof - 114f 433 L

@b an absoltor& case ZArt'BF@B[ @c an in"olntar& act

R*uisits (or

R*uisits (orhonest mista#e o actas a #(ns+as a #(ns+ 1.

1. that the act done wold ha"e been lawfl had the facts been as the accsed belie"ed them to be

2.

2. that the inten%on of the accsed in !erformin$ the act shold be lawfl 3.

3. that the mista(e mst be withot falt or ne$ li$ence2carelessness on the !art of the accsed

Cass on honst mista o( (act+ Cass on honst mista o( (act+

1$ %& v$ 'h Chon" @landmar( case

 Ah Chon$ (illed friend -ascal thin(in$ he was a thief2ladron

 there was sPcient warnin$ on the !art of accsed; accsed was ac9iDed 2$ %& v$ 'pe"o

 accsed (illed her brotherinlaw in fear of bein$ ra!ed; $ilt& of homicide ($ People v$ )anis

 !olicemen (illed the wron$ !erson w2o warnin$; $ilt& of mrder *$ People v$ +a!ambao

 accsed (illed his brotherinlaw thin(in$ he was an otlaw  brotherinlaw acted as if he $oin$ to aDac(; accsed was ac9iDed Mo%"

Mo%"

 special reasons that impel the accused to act @Amrao

 the mo(in" power which im!els one to ac%on for a denite reslt @Re&es  not an essen%al element of a felon&

 e"idence of mo%"e is necessary only in case of: @= dobt in the iden%t& of the accsed @Amrao, @B two con*ic%n$ "ersions of the crime

 mo%"e is established b& the tes%mon& of the witness  lac( of mo%"e ma& be an aid in showin$ innocence -iscrnmnt

-iscrnmnt – abilit& of the accsed to determine ri"ht from wron"

/cp%ons to th 'nral rul on malum prohibitum crims &$LA0 RR O R0 OO) /cp%ons to th 'nral rul on malum prohibitum crims &$LA0 RR O R0 OO) 1.

1. Cuenca v$ People

 Cenca was ac9iDed b& the #C from the crime of ille$al !ossession of an nlicensed rearm; it is said that the #C erred in its decision @Amrao

2.

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CRRIIMMIINNAAL LLAL AWW PPaagge 11; e oof ; 114f 433 L

 con"icted b& the trial cort; decision re"ersed b& the Cort of A!!eals

 the CA held that con"ic%n$ the accsed wold be sacricin$ sbstan%al )s%ce for mere technicalit& 3.

3. People v$ -allare

 case was abot the dela& of the issance of the license

 the accsed con"icted b& the trial cort; decision re"ersed b& the CA

 the CA held that the blame shold be !t on the $o"ernment not on the a!!licant of the license 4.

4. mere transient possession of unlicensed !rearm  not criminall& liable

 in the crime of ille"al possession of unlicensed !rearm, for an accsed to be criminall& liable, there shold be animus posidendi or >intent to possess?

$rcle 4

Conce!t of !ro<imate case – in)r& in*icted Q: What is !ro<imate case?

$ro/imat caus

$ro/imat caus is that case which sets into mo%on other cases and which nbro(en b& an& ePcient s!er"enin$ case !rodces a felon& withot which sch felon& cold not ha"e reslted As a $eneral rle, the o3ender is criminall& liable for all the conse9ences of his felonios act, altho$h not intended, if the felonios act is the !ro<imate case of the felon& or resl%n$ felon&'

A !ro<imate case is not necessaril& the immediate case' 7his ma& be a case which is far and remote from the conse9ence which sets into mo%on other cases which reslted in

the felon&' Imm#iat caus

Imm#iat caus – infec%on Q: What is ePcient inter"enin$ case?

/Pcient Inter"enin$ Case – interr!ted the natral *ow of e"ents leadin$ to oneSs death 8ic%m is nder no obli$a%on to sbmit to medical treatment to redce or mi%$ate the liabilit& of the accsed'

Q: A, 6, C hold ! a bs, a !assen$er ran awa&, hit b& the car, !assen$er died' Who is liable? A6C

Q: +old ! in a nearb& $rocer& store, old man sddenl& colla!sed seein$ the commo%on, old man e"entall& died, who is liable?

(19)

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CRRIIMMIINNAAL LLAL AWW PPaagge 11< e oof < 114f 433 L

Robbers

Immediate case – heart failre

Q: #!!ose AD& Amrao drin$ recit, &o colla!sed, hit the table and massi"e bleedin$, dead on arri"al, is amrao liable?

No' Recit is not a crime

Q: s!!ose becase of &or wron$ answers, amrao shoted defamator& words, liable? 4es' Amrao commiDed slander

Q: Is it wron$ to lo"e a married !erson?_{No' As lon$ as it does not $o be&ond that !oint}

Q: #e<al intercorse with a married woman, while doin$ the act, the woman had heart aDac(, will &o be liable?

4es' 4o commiDed adlter&

Q: Man married, had a se<al intercorse with a sin$le woman, the woman had heart aDac(, died' Will &o be liable?

No' Concbina$e is not commiDed Q: If nder a tree in Lneta?

4es' Liable for concbina$e, nder a scandalos manner Q: both sin$le, man is a teacher, woman is a stdent, liable?

No' 7here is no crime

Q: If the stdent is nder =H &ears old, will &or answer be the same?

No' 7his %me there is a crime' Qalied sedc%on or ra!e b& $ra"e abse of athorit& Q: What is an im!ossible crime?

Q: 5i"e the case of Intod

Q: 5i"e the elements of im!ossible crime "is\"is facts of Intod Q: 5i"e the case of -- " Gacinto?

Q: do &o a$ree with the decision? Q: +ow is the commiDed?

Q: Is it an element that the accsed shold ma(e or actall& !rot? No

(20)

C

CRRIIMMIINNAAL LLAL AWW PPaagge ++, e oof , 114f 433 L

Q: Ma& a !erson be liable if he did not commit a crime?

4es' Im!ossible crime' 7echnicall& no crime, sb)ec%"el& – there is a crime Q: What is the !enalt&?

Arresto Ma&or or a ne ran$in$ from B>> to >> T1rbano case

Q: what is the ne$li$ence commiDed b& Ga"ier?

Causs 6hich ma! pro#uc a rsult #i7rnt (rom that 6hich th o7n#r intn##, as contmplat# Causs 6hich ma! pro#uc a rsult #i7rnt (rom that 6hich th o7n#r intn##, as contmplat# in Art. 4 &1)

in Art. 4 &1) 1.

1. there is a mista#e in the ident! of the "ic%m

 also (nown as error in personae; or napa"5amalan

not a defense in a criminal case; not e"en a mi%$a%n$ circmstance 2.

2. there is a mista#e in the blow  also (nown asaberraon ictus

not a defense in a criminal case; not e"en a mi%$a%n$ circmstance 3.

3. the in.urious result is "reater than that intended  also (nown as praeter intenonem

Ar%cle F@= contem!lates that there should be a elon! bein" commi/ed  em!hasis isnot on the mere wron"ful act ; it should constute a elon!

 e$' the act of commi@n" suicide results to others bein" injured Y punishable under $rt64-1) becase altho$h not intended, the in)r& was cased b& means ofculpa, which can cons%tte a felon& Ar%cle F@= does not apply if the act commiDed cons%ttes a crime punishable by special law

Concubina"e  instances

 a hsband brin$in$ home a woman, that is not his wife, to the con)$al dwellin$  ha"in$ se<al intercorse nder scandalos circmstances

 cohabita%on; li"in$ in a se!arate home as hsband and wife $ro/imat Caus

$ro/imat Caus

 there is a chain of cases from an ori$inal act that reslts to an in)r&

 if the result can be traced bac5 to the ori"inal act , then the doer of the ori$inal act can be held liable 8cint Intr"nin' Caus

8cint Intr"nin' Caus – interrupted the natural Aow of e"ents leadin$ to oneSs death Q: What is im!ossible crime? What is the reason for !nishin$?

(21)

C

CRRIIMMIINNAAL LLAL AWW PPaagge ++1 e oof 1 114f 433 L

Q: #!!ose son for$ed si$natre of his father in a chec(, the de!osited the chec(, bt was dishonored, is this im!ossible crime?

No' Kalsica%on of commercial docment' Kor$er& is a crime a$ainst !blic interest 5i"e the elements of for$er&

Q: 4or room mate ((nin &n$ )ewelr& na nasa cabinet na na(aloc(, ta!os wala !ala &n$ )ewelr& dn sa cabinet, im!ossible crime?

No' 7he of (e& n$ taman$ sa$ot

Twoman lan$ an$ !wede for forcible abdc%on

Instancs 6hn thr is a pro/imat caus an# 6hn thr is non Instancs 6hn thr is a pro/imat caus an# 6hn thr is non When there is an intervenin" disease and the disease is:

&a)

&a) closel! related to the wond@s Y accsed is criminally liable &b)

&b) unrelated to the wond@s Y accsed is not criminally liable,

becase the disease not associated with the wond@s, e$' brain tmor

&c)

&c) a combined orce with the wond@s Y accsed is criminally liable,

becase the mortal wound is a contribun" factor to the (icmBs death

A mortal wound is a contribun" actor when:

i' the wounds is2are su*cient to cause (icmBs death alon$ with the disease ii' the mortal wound was cased b& ac%ons commi9ed by the accused

2.

2. When the death was cased b& an inecon o the wound de to the uns#illed medical treatment from the doctors:

@a if the wound ismortal Y accsed is criminally liable, becase the uns5illed treatment  infecon are not e*cient inter(enin" causes

mortal wound ] uns5illed medical treatment onl& Y accsed is criminally liable becase the mortal wound naturally led to the death of the "ic%m

@b if the wound issli"ht Y accsed is not criminally liable, becase the uns5illed treatment  infecon are e*cient inter(enin" causes

(22)

C

CRRIIMMIINNAAL LLAL AWW PPaagge +++ e oof + 114f 433 L

In%rbano v$ 'C , the wound cased b& accsed 1rbano was alread & treated and was in the normal process of healin" which is in a!!ro<imatel& Fwee(s; bt becase deceased Ga"ier did not wait for the wond to heal and s%ll wor(ed b& shin$, his wond $ot infected with tetans which cased his death' 7he ac%ons of the deceased when he sll wor5ed without wain" for his wound to heal was an e*cient inter(enin" cause, ths the accsed is not liable for his death an&more'

Q: What is the purpose for !nishin$ an im!ossible crime?

7he purpose of !nishin$ an im!ossible crime is to pre(ent or suppress the criminal tendency of the accsed



-ersons fond $ilt& of im!ossible crimes are sentenced to arrestor ma&or @=mo'=da& to mos' !rsant to Ar%cle E of the Re"ised -enal Code

bjec(ely , there is no crime

%ubjec(ely , the crime is present

%hould there be a crime commiDed, in order to be held liable for an im!ossible crime?34&; the acts

should constute a crime a"ainst persons or propert!

R*uisit

R*uisits (or an s (or an impossibl crim un#r Ar%cl 4&2)impossibl crim un#r Ar%cl 4&2) 1.

1. that the act !erformed wold be an o+ense a"ainst persons or property 2.

2. that the act was done with e(il intent 3.

3. that its accomplishment is inherently impossible or that the means employed is either inadeDuate or ine+ectual

4.

4. that the act !erformed should not constute a (iolaon of another pro(ision of the Re"ised -enal Code

Rape sed to be a crime a$ainst chas%t&; bt becase of RA H, ra!e was reclassi!ed as acrime

a"ainst persons, therefore, one can now be held liable for the im!ossible crime of ra!e InPeople v$ ntod , the Court erred in its decision of considerin$ the acts of the accsed as an im!ossible crime nder Art'F@B of the R-C becase the 4th_{element<reDuisite was not sas!ed ' 7he acts of the}

accused of shoo%n$ at the hose and dama$in$ the same, can constute as malicious mischief , which is a crime a"ainst property ' 7herefore, the accsed shold ha"e been char$ed with the laDer instead of ndin$ them $ilt& onl& of the im!ossible crime of mrder'

Jul! *, 2011

Q: Who incrs criminal liabilit&? Q: What is a !ro<imate case?

Q: if there is a crime intended and a crime commiDed is di3erent, what is the e<tent of criminal liabilit&? 7he lesser !enalt& will be im!osed'

(23)

C

If the crime commiDed has a lesser !enalt&, then that will be char$ed

Q: #!!ose &o will rob a )ee!ne&, becase of fear, the !assen$er )m!ed of and died, will be liable? 4es' 6ecase I am commi^n$ a felon&, and I am liable for its e3ects'

Q: #!!ose Amrao drin$ &or recit, !ointed a $n at &o becase of &or wron$ answers, then &o colla!sed and died' is amrao liable?

4es' 7here is $ra"e threat Q: #!!ose the $n was a to& $n, liable?

4es, s%ll liable' 7here is s%ll threat

Q: #!!ose becase of &or low $rade in criminal law re"iew, &o brea( ! with &or bo&friend bein$ so sad, &or bf colla!sed and died, liable?

No' 6rea(in$ ! is not a felon&

Q: #!!ose while &o and &or bo&friend is doin$ the act itself @do I need to elaborate_alam mo na &an, &or bf colla!sed and died, will &o be liable?

No' 7he act of ha"in$ se< is not a felon&' Q: e"en if &o are not married to each other?

4es sir

Q: s!!ose &or bf is married, are &o liable? 4es' Concbina$e

Q: #!!ose man had se<al intercorse with married woman, bt the woman consented, crime? Adlter&

$rcle 

Ar%cl 5&1)

Ar%cl 5&1) R*uirR*uirmnts+mnts+ 1.

1. the act commi9ed by the accused a!!ears to be not punishable by law 2.

2. bt the court deems it proper to repress such act 3.

3. in that case, the court must render the proper decision by dismissin" the case and acDui@n" the accused

4.

4. the jud"e must then ma5e a report to the Chief /<ec%"e thro$h the #ecretar& of Gs%ce sta%n$ the reasons which indce him to belie"e that the said act should be made the subject of penal le"islaon

(24)

C

asis (or Ar%cl 5&1)+ asis (or Ar%cl 5&1)+

>Eullem crimen, nulla poena sine le"e6?  7here is no crime if there is no law that !nishes the act 5h! dismiss6 In the absence of a law that will !nish the accsed, the )d$e cannot im!ose a !enalt& becase the duty of the jud"e is only to interpret or apply the law8 the jud"e cannot reprimand or curse the accused because it would eDuate to public censure8 the reprimand would be inconsistent with the acDui9al

Ar%cl 5&2) 9

Ar%cl 5&2) 9 4cessive Penales

Q: What are the re9irements? 1.

1. the court aFer trial !nds the accused "uilty 2.

2. the penalty pro(ided by law and which the cort im!oses for the crime commiDed appears to be clearly ecessi(e becase:

@a the accused acted with lesser de"ree of malice and2or @b there is no injury or the injury caused is of lesser "ra(ity 3.

3. the court should not suspend the eecuon of the sentence 4.

4. the jud"e should submit a statement to the Chief #ecu(e thro$h the #ecretar& of Gs%ce, recommendin" eecu(e clemency

7he &resident has the power to "rant eecu(e clemency , thro$h !ardon, !arole, commta%on

@redc%on of sentence, re!rie"e or amnest&

Ar%cl 5&2)Ar%cl 5&2) ma! not be invo#ed in cases in(ol(in" acts mala prohibita becase said ar%cle onl!

applies to acts mala in se becase the rlin$ is based on the !hrase in the !ro"ision, ta#es into consideraon the de"ree o malice

$rcle G

Q: What are the sta$es in the commission of a felon&?

Consummated – a felon& isconsummated when all the elements necessar& for its e<ec%on and accom!lishment are !resent

8rustrated  it is rustrated when the o3ender !erforms all the acts for e<ec%on which wold !rodce the felon& as a conse9ence bt, ne"ertheless, do not !rodce it b& reason of cases inde!endent of the will of the !er!etrator

'/empted – there is an a/empt when the o3ender commences the commission of the felon& directl& b& o"ert acts and does not !erform all the acts for e<ec%on which shold !rodce the felon& b& reason of some case or accident other than his own s!ontaneos desistance NO+ A"ailabl onl! in R$C.

(25)

C

Q: 5i"e e<am!le of each @consmmated, frstrated, aDem!ted Q: What are the !hases?

0ub:c%" phas

0ub:c%" phas – from the %me the o3ender commences the commission ! to the performance of the last act where he sll has control ; ana/empted elon! is commiDed within

the sb)ec%"e !hase and does not $o be&ond this !hase Ob:c%" phas

Ob:c%" phas – frstrated and consmmated felonies are within the ob)ec%"e !hase @a frustrated – the felon& is com!lete bt s%ll is s%ll not !rodced as far as the o3ender is concerned

@b consummated – when all the elements nder the Re"ised -enal Code are !resent R4-4-+4R9 in 'rson

&a)

&a) consummated Y so lon$ as a !art of the bildin$ is brned, no maDer how small &b)

&b) frustrated Y if onl& the contents of the bildin$ @e$' chairs and tables are brned &c)

&c) a9empted Y contents ha"enSt been brned

TIntent is alwa&s established' ahit !a a!!rehended at the %me ot in the act of brin$in$2$e^n$ $asoline – aDem!ted !a din

TIndeterminate sta$e – intent is not &et established

Q: #!!ose bilt in cabinets, brned the clothes in the cabinet, incldin$ the cabinet? Consmmated arson, deemed !art of the bld$

Q: #!!osin$, the accsedbrou'ht 'asolinbrou'ht 'asolin into a bildin$, 6ith th intnt to burn6ith th intnt to burn the bildin$, bt wasapprhn##apprhn## b& the secrit& $ard; did the crime of arson commence?

00, ths the accsed is liable for a;mpt# arsona;mpt# arson, becase the brin'in' o( 'asolinbrin'in' o( 'asolin was alread& an o"ert act while theapprhnsionapprhnsion was the reason other than his own s!ontaneos desistance' Q: #!!osin$, sin$ the same set of facts abo"e, bt 6ithout th intnt to burn6ithout th intnt to burn the bildin$, is there criminal liabilit&?

NO

NO, in fact there is no crimno crim, becase the acts were onl& in an in#trminat sta'in#trminat sta'' Q: #!!ose the white board was brned?

White board not an inte$ral !art Q: when is the crime in the aDem!ted sta$e?

In#trminat 0ta'In#trminat 0ta' – we do not (now what crime is in the mind o the o:ender ; the crime has not

(26)

C

CRRIIMMIINNAAL LLAL AWW PPaagge ++: e oof : 114f 433 L

Accordin$ to -rof' Amrao, when a !erson is accsed of commi^n$ a felon&,we ha(e to !rstestablish

the crime in the mind of the o+ender to establish the commencement of the commission of the felony ; otherwise, the sita%on when he was ca$ht wold be in anindeterminate sta"e, wherein the crime that the accused intended to do could not be determined

;he<=Robber!

 both these crimes are commi/ed b! ta#in" the !ersonal !ro!ert& of another and, with the intent to "ain

 the di:erence is that in robber! , there is the use o orce or violence  so lon$ as theact stated in the RPC is done, the crime is consummated

 it does not maDer how lon$ the !ro!ert& was in the !ossession of the accsed; it does not maDer whether the !ro!ert& was dis!osed or not; what maDers is whether or not there was >asportacion? Y unlawful ta5in"

momentar! possession consummates the crime of the or robber& returnin" the item to the owner is immaterial ; has no e:ect to the crime upon consummaon of the crime, criminal liabilit! automacally a9aches Q: &o are wal(in$ in recto, cell!hone was snatched, bt it was retrn to &o' What sta$e?

Consmmated

Q: s!!ose in a !ri"ate sbdi"ision, with intent to commit robber&, &o are %n(erin$ with the loc( of a $ate, the secrit& $ard a!!rehended &o' Liable?

4es' ADem!ted robber&

Q: s!!ose &o intent to commit robber&, then &o !lace a ladder at the wall of the hose, when &o !lace the ladder, &o were a!!rehended' Liable?

4es' ADem!ted robber& Q: if no intent?

Not liable

Q: accsed tr&in$ to o!en &or car, !roblem is silent with the intent, ma& &o be liable for aDem!ted the?

No'

(27)

C

CRRIIMMIINNAAL LLAL AWW PPaagge ++- e oof - 114f 433 L

Q: #!!osin$, the accsed was%nrin' 6ith th loc%nrin' 6ith th loc of the $ate of a nei$hborSs hose, 6ithout th6ithout th intnt to commit a (lon!

intnt to commit a (lon!; is he liable for an&thin$?

NONO, becase the sita%on was in an indeterminate sta$e wherein it cold not be determined what the accsed intended to do

Q: #!!osin$, the accsed :ump# o" :ump# o"r th (ncr th (nc into another !ersonSs hose 6ithout th intnt6ithout th intnt to commit robber&, is he liable for aDem!ted robber&?

NO,

NO, bt he is liable for the crim o( trspassin'crim o( trspassin'

T#ame with arson, when a !erson is accsed of commi^n$ a felon&, we ha(e to !rstestablish the crime in the mind of the o+ender to establish the commencement of the commission of the felony ; otherwise, the sita%on when he was ca$ht wold be in an indeterminate sta"e,

wherein the crime that the accused intended to do could not be determined

InPeople v$ amahan", the accsed was able to o!en one board of the door to !ri"ate res!ondent 7an

4Ss store, when the !olice ca$ht him' 7he #C rled that the accsed is not liable for a9empted robbery becase the intent to rob an HuBs store was not established , ths when accsed was ca$ht, it was in an indeterminate sta$e' 6t the Cort held him liable for a9empted trespass to dwellin"

InPeople v$ &alvilla, the accsed were held liable for the crime of robbery with serious ille"al detenon

and serious physical injuries, and not frustrated robbery , e"en without physical ta5in" or possession of the mone& the& dema nded because the money was within the dominion, which the accused had control o(er and it was where the crime was bein$ commiDed' 0rin$ whole %me when ne"oaons went on between the accsed and the !olice, the crime of robbery was deemed consummated Q: s!!ose hold ! in a $rocer& store, hold !!ers as(ed the cashier to !lace the mone& inside a ba$, no one hold the mone&' Is the crime consmmated?_{4es' 7here is constrc%"e control}

<ul! 5, 2=11 <ul! 5, 2=11

Crimes involvin" the ta#in" o human lie= Crimes a"ainst persons  these crimes arecommi/ed b! #illin" a person -=&I): i. M

i. Mrder – (illin$ a !erson with aDendin$ or a$$ra"a%n$ circmstances ii. >

ii. >omicide – (illin$ a !erson withot aDendin$ circmstances iii. $

iii. $arricide – (illin$ a rela%"e, i'e' s!ose, !arent, child, siblin$, etc' i". I

i". Infan%cide – (illin$ a child less than three @ da&s old

 e"en without intent , the moment the (icm dies, intent is presumed b& o!era%on of law and the crime isconsummated

(28)

C

CRRIIMMIINNAAL LLAL AWW PPaagge ++; e oof ; 114f 433 L

 if the (icm doesnBt die bt the wound inAicted is mortal , it is rustrated

 if the there is no intent to 5ill , bt the wound inAicted is mortal or fatal , the crime is not either =&I bt serious physical injuries

Mortal

Mortal – when the wond in*icted can cause the death o the vicm; when death will follow  for rustrated  a/empted cases, it is important to determine intent to 5ill

Q: #!!osin$, in a car accident, the accsed hits a !ersoncausin' mortal 6oun#scausin' mortal 6oun#s, bt the "ic%m #os"ic%m #os not #i

not #i, is the dri"eraccsed liable for frstrated homicide? NO

NO, he is onl& liable for srious ph!sical in:urissrious ph!sical in:uris

Ruls on crims a'ainst prsons &M>$I) an# th sta's o( /cu%on Ruls on crims a'ainst prsons &M>$I) an# th sta's o( /cu%on

=' vicm dies, with or without the intenon to 5ill , intent is conclusi(ely presumed b& o!era%on of law, the crime isconsummated -@P

B' "ic%m does not die, with the intent to (ill, mortal wounds were in*icted, the crime is rustrated -@P

' "ic%m does not die, with the intent to (ill, nonJmortal wounds were in*icted, the crime is a/empted -@P

F' "ic%m does not die becase there was only an o(ert act and no wound was in*icted, bt there was intent to (ill, the crime isa/empted -@P

' "ic%m does not die, without the intent to (ill, mortal wounds were in*icted, the crime is serious ph!sical in.uries

' "ic%m does not die, without the intent to (ill, nonJmortal wounds were in*icted, the crime is less serious or sli"ht ph!sical in.uries

Illustra%on+ Illustra%on+ -ath

-ath Intnt Intnt ?ra"it! ?ra"it! o( o( th th 6oun# 6oun# CrimCrim &1)

&1) 4/# !resmed of corse mortalU Consmmated M+-I &2)

&2) N. 4/# mortal wonds Krstrated M+-I

&3)

&3) N. 4/# nonmortal wonds ADem!ted M+-I &4)

(29)

C

CRRIIMMIINNAAL LLAL AWW PPaagge ++< e oof < 114f 433 L

&5)

&5) N. N. mortal wonds #erios !h&sical in)ries &@)

&@) N. N. nonmortal wonds Less serios2#li$ht !h&sical in)ries

InPeople v$ ;rinidad , the trial cort held the accsed criminall& liable of two conts of mrder @for (illin$ #oriano and Laroa and frstrated mrder @for shoo%n$ at 7an' 7he #C modied the decision b& rlin$ that the accsed was liable for two conts of mrder and a9empted murder, not frustrated, becase the wound in*icted on 7an was not mortal or fatal

InPeople v$ im &an, the trial cort held the accsed criminall& liable of aDem!ted mrder for stabbin$ en$ in in the le e&e' 7he #C modied the decisio n b& rlin$ that the accused should be liable of frustrated murder because not only was it established that there was intent to 5ill, but also the wound inAicted was mortal ' It )st so ha!!ened that the "ic%m did not die becase of the !rom!t and ePcient medical assistance $i"en to the "ic%m' 7he treatment was the case inde!endent of the will of the accsed'

In-ondra"on v$ People, the #C held that the accsed was onl& "uilty of less serious physical injuries becase when the accsed and the "ic%m were hac(in$ each other with their bolos, there was no intent to 5ill on neither !art&; and also becase the "ic%m did not die since the wonds were not mortal R'P4

 the crime ofrape is consummated b& mere penetraon of the male or$an, no ma/er how sli"ht K/ %upposin", the !enetra%on was onl& B millimeters dee!, consmmated?

34&, no maDer how sli$ht the !enetra%on is, it is s%ll consmmated

K/ %upposin", the ra!e was consmmated becase there was !enetra%on, bt accordin$ to the medical e<amina%on, the "ic%m was s%ll a "ir$in, can the accsed s%ll be held liable for consmmated ra!e?

34&, as lon" as there is penetraon, the rape is consummated '

In People v$ )rita, the medical e<aminer tes%ed that the "ic%m was s%ll a "ir$in therefore the ra!e ma& not ha"e been consmmated' 6t the #C rled that the tesmony of the (icm herself should be "i(en "reater wei"ht because she herself can feel whether or not there was penetraon'

Instances ofa/empted rape:

 when the s5irt of the (icm has been liFed , no maDer what !osi%on  when the accused mounted on the body of the "ic%m

 when there is epidermal touchin" of the $enital or$ans of the accsed and the "ic%m

7hedi:erence between a/empted rape and acts o lasciviousness is that with the former, there is carnal #nowled"e or the intent to have seual intercourse is established

(30)

C

CRRIIMMIINNAAL LLAL AWW PPaagge 33, e oof , 114f 433 L

;here is no such thin" as rustrated rape; the onl& e<ce!%on was when the #C rled in -eo!le "' /ri`a that the accsed was $ilt& of frstrated ra!e' 7hereaer, no one has since been held $ilt& of frstrated ra!e'

4&;'8'

 theelements for the crime of estafa are 1 deceit, and 2 dama"e  withot one of the two elements, estafa wold not be consmmated

In%& v$ Aomin"ueB, the #C rle d that the acc sed was "uilty of frustrated estafa becase before accsed cold case dama$e b& dis!osin$ of the mone& that he deceill& too(, he was a!!rehended b& their storeSs s!er"isor, which was the case inde!endent of the will of the accsed'

);@4R &;'C4& 8)R @)-CA4 'A );@4R CR-4&

K/ %upposin", with intent to #ill , the accsed pulls out a "un then points it at someone, what crime is the accsed liable for?

'/empted homicide

K/ %upposin",with intent to #ill , the accsed res a "un at someone but misses, what crime is the accsed liable for? '/empted homicide

K/ %upposin", sin$ the same set of facts, btwithout the intent to #ill , what crime is the accsed liable for?

 for pullin" out the "un and poinn" it Y "rave threat

 for rin" the "un Y ille"al dischar"e o rearm @obsolete; mst be deleted

K/ %upposin", with intent to #ill , the accsed res a "un at someone, then accused lea(es thin5in" that the (icm is already dead ' 7he accsed did not (now that he missed becase the (icm played dead ' What crime is the accsed liable for? '/empted homicide, aDem!ted becase there was no wond, bt there was s%ll intent to (ill' What is im!ortant is thatthere was no wound

K/ %upposin", with intent to #ill , the accsed res a "un at someone, then accused lea(es thin5in" that the (icm is already dead ' 7hevicm is hit but it is not atal or mortal ' What crime is the accsed liable for? #%ll '/empted homicide, becase what is im!ortant is the etent or "ravit! o the wound ' People v$ )rina"a

Q: s!!ose a sales lad& in the de!artment store, !lace the )ewelr& inside her ba$, bt the )ewelr& was reco"ered b& the secrit& $ard, crime?

Consmmated 9alied the

Q: will reco"er& a3ect the sta$e of the commission? No

(31)

C

#%ll 9alied the'

7a(in$ consmmates the crime

Q: s!!ose the sales lad&, sold the )ewelr& and sed the mone&, crime? /stafa

Q: s!!ose the sales lad&, sold the )ewelr& and retrned the mone& at !m? Krstrated /stafa

Q: s!!ose B crew members disco"ered the !resence of a stow awa& and the& want to eliminate the stow awa&, so the& decided throw the stow awa& in the sea, where there is shar! ob)ect, bt aer &o lea"e, a shin$ "essel was there to hel! the stow awa&, there was no wond, crime?

Krstrated mrder INN O ILL INN O ILL

Q:  armarlite shots nei$hbor bt did not hit? ADem!ted

Q: dis%n$ish from ille$al dischar$e of rearm No intent to (ill

Q: dis%n$ish from $ra"e threat? 7here is intent to (ill

Q: s!!ose there are EE wonds, bt none was mortal? ADem!ted

Q: what is an o"ert act?

#omethin$ &o see, feel, toch @do not relate to criminal o3ense at rst

$rcle 

Q: What are li$ht felonies?

i"ht elonies are inracons o law which ha"e the !nishment of arresto menor or a ne not e<ceedin$ B>> !esos

?nral Rul+?nral Rul+ Li"ht felonies are punishable onl& when the& ha"e been consummated

Rason+

Rason+ in"ol"es insi"ni!cant moral and material injuries; if not consummated , the wron$ done is so sli$ht that a penalty is unnecessary

/cp%on+/cp%on+ Li"ht felonies commiDed a"ainst persons or property are !nishable e"en if in the

a9empted or frustrated sta$e Rason+