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CRIMINAL LAW!
Constitution
CRIMINAL LAW IN GENERAL
What is a Crime?!
It is an act committed or omitted in violation of a public
law forbidding or commanding it.!
1.
R i g h t t o a s p e e d y 1.
disposition of their
cases before all judicial,
quasi-judicial or
administrative
proceedings!
2.
2. Right to due process of
law!
3. Right to bail!
4. Right against excessive
bail!
3.
5. Right to be heard!
6. Right to remain silent!
7. Right to a counsel!
8. Right against torture,
violence, threat,
intimidation or any other
means which vitiate free
will!
9. Right against secret
detention places,
solitary, incommunicado
or other similar forms of
detention!
10. Right against excessive
fi n e s a n d a g a i n s t
degrading, cruel or
inhuman punishment!
11. Right against double
jeopardy!
12. Right to free access to
courts and adequate
legal assistance to any
person of poverty
Statutory
Right to be
present and
defend himself in
person and by
counsel!
Right to testify as
a witness in his
own
behalf
subject to crossexamination!
Right to appeal
Similarities:!
1. Right to presumption of innocence until proven
guilty!
2. Right to be informed of the nature and cause of
the accusation against him!
3. Right against self-incrimination cannot be
compelled to be a witness against himself!
4. Right to confront and cross-examine witnesses
against him!
5. Right to avail of compulsory processes to secure
the attendance of witnesses and production of
evidence!
6. Right to have speedy, impartial and public trial
1 The extent of territorial jurisdiction of the Philippines for criminal law purposes is the scope of National Territory defined in the Constitution!
1.
2.
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Except:!
1. When the new law is expressly made
inapplicable to pending actions or existing
causes of action!
2. Where offender is a habitual criminal!
PRELIMINARY TITLE!
Articles 1 and 2
Positivist
!
!
1.
2.
Should forge
or counterfeit
any Philippine
coin
or
currency note,
or obligations
and securities
issued by the
Government
of
the
Philippines
3.
2 Ex: Bases Agreement where the other party maintains jurisdiction over crimes committed inside the bases or those committed by any member of the armed forces of that country
3 Ex: RA No. 75 provides for the immunities, rights and privileges of duly accredited foreign diplomatic representatives in the Philippines and his/her domestic servant
4 Ex: It is a well-established principle of international law that diplomatic representatives possess immunity from criminal jurisdiction of the country of their sojourn and cannot be sued,
arrested or punished by the law of that country This includes sovereigns and other chiefs of state, ambassadors, ministers plenipotentiary, ministers resident, and charges daffaires. Hence,
this does not include consuls
4.
5.
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1.
2.
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Culpable
8 There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
9 It is the external act that is punished, because internal acts are beyond the sphere of law.
10 There must be a law requiring a certain act to be performed and the person required to do the act fails to perform it!
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3.
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Mala prohibita
Motive
11 Thus, persons who act under compulsion of an irresistible force or under the impulse of an uncontrollable fear of an equal or greater injury is exempt from criminal liability
12 Thus, imbecile or insane, and infant under 9 years of age as well as minor over 9 but less than 15 years old and acting without discernment, have no criminal liability because they act
without intelligence
13 Intent presupposes the exercise of freedom and use of intelligence but a person who acts with freedom and intelligence may not have intent to do an injury to another!
14 The act done by the accused would have constituted a justifying circumstance, an absolutory cause or an involuntary act
15 Thus, when the accused made a mistake in killing one man instead of another cannot relieve him from criminal responsibility (error in personae or mistake in the identity of the victim)
16 Thus, when the accused is negligent, mistake of fact is not a defense because there is no intent to consider as it is replaced by imprudence or lack of skill, or negligence or lack of
foresight!
17 Thus, the injury caused to another should be unintentional, it being the incident of another act performed without malice!
18 The act alone, irrespective of motives, constitutes the offense.!
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CRIMINAL LIABILITY!
Article 4
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19 No felony is committed when (a) act or omission is not punishable by the RPC, or (2) act is covered by any of the justifying circumstances enumerated in Art. 11
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20 One is not relieved from criminal liability for the natural consequences of ones illegal acts merely because one does not intend to produce such consequences
21 Note: the infection should not be due to the malicious act of offended party
22 Proximate cause is 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!
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b.
c.
Frustrated
Impossible
Crime
Offender has
performed all the
acts of execution
which would
produce the
felony as a
consequence
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What is imputability?!
it is the quality by which an act may be ascribed to a
person as its author or owner.!
What is responsibility?!
It is the obligation of suffering and consequences of
crime.!
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JUSTIFYING CIRCUMSTANCES!
Article 11
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37 Ex: Conspiracy and proposal to commit treason, coup detat, rebellion or insurrection, or conspiracy to commit sedition
38 Agreement presupposes meeting of the minds of two or more persons
39 It must be an agreement to act, effect, or bring about what has already been conceived and determined
40 Mere presence of a person at the scene of the crime does not make him a conspirator for conspiracy transcends companionship
41 Supplementary = supply what is lacking
42 However, avoidance of greater evil or injury will incur civil liability
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Privileged Mitigating
1.
2.
What is entrapment?!
Ways and means are resolved to for the purpose of
trapping and capturing the lawbreaker in the execution of
his criminal plan. This is not an absolutory cause.!
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MITIGATING CIRCUMSTANCES!
Article 13
3.
RA 9344 those
under 18 years of
age!
Crime committed is
not
wholly
excusable provided
that the majority of
such conditions be
present!
When there are 2 or
more mitigating
circumstances and
no aggravating
circumstances are
present
Susceptible of being C a n n o t b e o f f s e t b y
offset by any aggravating aggravating circumstance
circumstance
If there is no offset, it
produces only the effect
of applying the penalty
provided by law for the
crime in its minimum
period
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AGGRAVATING CIRCUMSTANCES!
Article 14
Crimes against
property (Art. 332)!
a. Robbery!
b. Usurpation!
c. F r a u d u l e n t
insolvency!
d. Arson!
e. Trespass to
dwelling
Exempting
Crimes against
property (Art. 332)!
a. Theft!
b. Swindling!
c. M a l i c i o u s
mischief!
No criminal
liability incurred,
only civil liability!
Crimes against
persons!
a.
L e s s
serious
physical
injuries!
b.
S l i g h t
physical
injuries
Offended party
must be lower in
degree than the
offender
Qualifying
!
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Aggravating
Caused or
committed
mutually by
s p o u s e s ,
ascendants,
descendants, or
relatives by
affinity in the
same line,
brothers and
sisters, and
brothers-in-law
and sisters-inlaw, IF LIVING
TOGETHER
Crimes against
persons!
a. S e r i o u s
physical
injuries!
b. Homicide or
murder
Crimes against
persons!
a.
L e s s
serious
physical
injuries!
b.
S l i g h t
physical
injuries
Offended party
should
be
higher in degree
than
the
offender
Crimes against
chastity!
a. Rape!
b. A c t s
of
lasciviousne
ss
N e i t h e r
mitigating
n
o
r
aggravating
a.
b.
c.
Parricide!
Adultery!
Concubinag
e
!
Relationship is
inseparable
from
and
inherent in the
offense
What is intoxication?!
It diminishes the agents capacity to know the injustice of
his acts and his will to act accordingly.!
What is state of intoxication?!
Offenders mental faculties must be affected by
drunkenness.!
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Aggravating
a.
b.
N
o
Mitigating
t a.
b.
c.
d.
e.
f.
g.
h.
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Is conspiracy treated as an
aggravating circumstance?!
No, it is merely a manner of incurring
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Principal by Direct
Participation
Principal by
Cooperation
Cooperation is
indispensable
Conspirator
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ACCESSORIES!
Article 19
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PENALTIES
What is penalty?!
It is the suffering that is inflicted by the State for the
transgression of a law.!
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4.
5.
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57 Those which are expressly imposed by the court in the judgment of conviction
58 Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence
59 Temporary absolute disqualification lasts during the term of the sentence and is removed after the service of the sentence!
60 Those that are deemed included in the imposition of the principal penalties
Death
When it is not
executed by reason
of commutation or
pardon, it shall carry!
a. P e r p e t u a l
a b s o l u t e
disqualification!
b. C i v i l
interdiction for
30 years
R e c l u s i o n 20 years and 1 a.
perpetua
day TO 40
years
b.
R e c l u s i o n 12 years and 1
temporal
day TO 20
years
Prision mayor
a
n
d
Te m p o r a r y
Disqualificatio
n
P r i s i o n 6 months and
correccional, 1 day TO 6
S u s p e n s i o n , years!
and Destierro
Except when
suspension is
imposed as an
accessory
p e n a l t y, i n
which case, its
duration shall
be that of the
principal
penalty
Prision correccional
shall carry!
a.
Suspension
from public
o f fi c e ,
profession, or
calling!
b.
Perpetual
s p e c i a l
disqualification
from suffrage !
Arresto mayor
a.
1 month and 1
day TO 6
months
If the duration of
imprisonment
exceeds 18 months
b.
1 day TO 30
days
Suspension of
the right to
hold office!
Suspension of
b.
!
!
Suspension of
the right of
suffrage!
Perpetual
a b s o l u t e
disqualification !
C i v i l
interdiction for
life or during
the period of
the sentence
as the case
may be
Arresto menor
!
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Exception:!
a. When they are recidivists, or have been
convicted previously twice or more times of any
crime!
b. When upon being summoned for the execution
of their sentence, they have failed to surrender
voluntarily!
2.
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EFFECTS OF PENALTIES
!Check the table chart for the Articles 30 - 36!!
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Offended Party
Imprisonment!
Destierro
63 If he agrees, deduction will be full time during which he underwent preventive suspension. If he does not agree, only up to 4/5 of the time during which he was under preventive
imprisonment.
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APPLICATION OF PENALTIES
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g.
h.
Infanticide !
Kidnapping and serious detention!
COMPLEX CRIMES!
Article 48
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Frustrated
Attempted
Principals
Accomplice
s
Accessories
65 Ex: Robbery with homicide, Robbery with rape, Kidnapping with serious physical injuries, Kidnapping with murder or homicide, Rape with homicide
66 There is but one criminal liability (Art. 48)
67 There are different crimes in law as well as in the conscience of the offender
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What is a period?!
One of 3 equal portions called minimum, medium, and
maximum of a divisible penalty.!
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What is a degree?!
One entire penalty.!
7.
It depends
2.
No
3.
By amnesty
No
4.
By absolute pardon
No
5.
6.
By prescription of the No
penalty
Before judgment
After final
judgment
C r i m i n a l Extinguished
liability
Extinguished
Civil liability
Not extinguished
Civil liability
G e n e r a l Extinguished
rule
Extinguished based
solely on the offense
committed
Exception
Predicated on a source
of obligation other than
delict
Pardon
PRESCRIPTION OF CRIMES!
Article 90
Starts to 1.
run
Fine
Prescription
period
Death, reclusion
perpetua, reclusion
temporal
Afflictive penalties
Correctional
penalty
20 years
Over P6,000
15 years
P200 to
P6,000
10 years
Arresto mayor
5 years
Libel or other
similar offenses
1 year
Oral defamation
and grave slander
by deed
6 months
Less than
P200
2 months
Prescriptive
Period
1 year
4 years
8 years
12 years
5 years
2 months
V i o l a t i o n o f c e r t i fi c a t e o f
convenience
2.
Prescription of
Penalties
1.
Prescription of Penalties
!
!
2.
Offender is
absent from the
Philippines [Art.
91(2)]!
Continuing crime
68 When the penalty fixed by law is a compound one, the highest penalty shall be made the basis thereof.
3.
4.
Deduction
First 2 years
3rd to 5
6th to 10
11th
years
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CIVIL LIABILITY
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Exceptions:!
a. Treason!
b. Rebellion!
c. Espionage!
1.
2.
3.
Restitution!
Reparation of the damage caused!
Indemnification for consequential damages!
b.
c.
2.
!
!
P50,000
P75,000
1.
2.
Pecuniary liability
!
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I n c l u d e s fi n e a n d
costs of proceedings
!!
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72 To be compensated for loss of earning capacity, it is not necessary that the victim, at the time of the injury or death, is gainfully employed
73 2/3 x (80 age of the deceased at the time of death)
74 In the absence of proof, it is estimated to be 50% of the gross annual income