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RA 9262 VAWC
Absences discouraged
No cheating
No removal
Criminal procedure
Exceptions:
Treaty stipulations
Territorial
Ph has no jurisdiction (authority) over Americans for crimes committed inside and outside the base (see
Lance Smith)
Exceptions:
Exceptions:
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RA 9165 - new anti-drug law; provides higher penalty for same acts being punished
Robin Padilla - charged by RA 1866 (?) illegal possession of firearms RA 8292 was applied because it was
favorable to him
RA 8294 slight physical injuries (read last section) - it was favorable to him
RA 1896
Constitutional limitations
No special treatment
Two aspects:
Police line up: witness will identity the perpetrator among arrested persons
Commitment order
Accused needs a counsel during custodial investigation: to explain to the accused the act, consequences of the acts
Arrest has reglementary period - period that the case is to be filed to the proper judicial authority
Extrajudicial confession - must be assisted by counsel and cannot be admitted as evidence unless confirmed during
trial
Custodial investigation
Preliminary investigation is a matter of right if the crime is punishable by 4 years, 2 months and 1 day
Normal preliminary investigation under PD 911 - subpoena to file affidavit 10 days after receipt of the complaint; if
none, right is presumed waived
Preliminary investigation - need of a counsel, a matter of right for offenses punishable by 4 years
Right to be heard
Right to counsel
Impartial public trial - all interested parties can observe the trial in court
Child rape - not to see the accused (Rule on the Examination of Child Witness)
Right to bail - cash bond, surety and property and bail on recognizance; for temporary liberty; a matter of right or
discretion
Punishable by reclusion perpetua: rape, murder, robbery, homicide, 5+g of shabu possession
If bail is granted and some conditions are violated, bail can be cancelled and bench warrant be issued against the
accused
A bench warrant is an arrest warrant that is ordered by a judge against the defendant in a criminal case or a
similar proceeding such as for a traffic ticket. Abench warrant is typically issued in the case of a failure to appear for
trial, sometimes abbreviated "FTA."
Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising
them of their right to silence; that is, their right to refuse to answer questions or provide information to law
enforcement or other officials.
Double jeopardy - Double jeopardy is a procedural defence that prevents an accused person from being tried
again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.
The 1987 Constitution guarantees the right of the accused against double jeopardy, thus:
Section 7, Rule 117 of the 1985 and 2000 Rules on Criminal Procedure strictly adhere to the constitutional
proscription against double jeopardy and provide for the requisites in order for double jeopardy to attach. For
double jeopardy to attach, the following elements must concur:
(1) a valid information sufficient in form and substance to sustain a conviction of the crime charged;
(3) the accused has been arraigned and had pleaded; and
(4) the accused was convicted or acquitted or the case was dismissed without his express consent.
Presidential Decree No. 115 January 29, 1973 - Providing For The Regulation Of Trust Receipts Transactions
"Trust Receipt" shall refer to the written or printed document signed by the entrustee in favor of the entruster
containing terms and conditions substantially complying with the provisions of this Decree. No further formality of
execution or authentication shall be necessary to the validity of a trust receipt.
A purchase order (PO) is a commercial document and first official offer issued by a buyer to a seller indicating
types, quantities, and agreed prices for products or services.
Right to appeal - statutory right, or one conferred by law / statutes, or one similar to Constitutional right
Act No. 3815, December 8, 1930 - Revised Penal Code - took effect January 1, 1932
Sources:
Del Pan’s Correctional Code of 1916 - did not take effect as no law authorized it
Rulings of SC
Amendatory acts of Philippine Congress in Batas Pambansa (parliament during Martial Law)
Budget from the legislative; executive power from the legislative; IRA
Agreement between Presidents of China and Philippines - not binding without concurrence of Congress
Classical - man makes crime by free will; man is a rational being; punishment = retribution
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Eclectic - crime by free will except en cupla (without intent)
For reformation
If not, more than 6 years and without prior conviction, can apply for probation
Parole ≠ probation, if simultaneous conviction and without previous conviction, can apply for probation
6 years x 3 = 18 years
Jurisdiction - authority conferred by law over the subject matter and persons
Sandiganbayan - SG 27
Arraignment - to inform the accused of the nature of the case; reading of information
Jurisdiction over crimes committed in foreign merchant vessel: French Rule and English Rule
French rule, according to which crimes committed aboard a foreign merchant vessels should not be prosecuted in
the courts of the country within whose territorial jurisdiction they were committed, unless their commission
affects the peace and security of the territory; and the
English rule, based on the territorial principle and followed in the United States, according to which, crimes
perpetrated under such circumstances are in general triable in the courts of the country within territory they were
committed.
Opium is an ornamental plant, bright yellow, latex to be dried and smoked; soothing smoke; universal pain
reliever / analgesic
Bricks of cocaine / opium with GPS tracker - if thrown in the high seas (Pacific) and reach Leyte area
2. Punishable by law
Act: bodily movement producing some effect in the external world; effect need not be accomplished but possibility
thereof only
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must be an actual felony
Ex: act of stealing = theft = felony
External! Internal acts are beyond penal law
Ex: Imagining a murder
FELONIES BY OMISSION:
1. Fails to render assistance to person found wounded or in danger of dying (liable for abandonment)
2. Tax officer intently fails to give receipt (illegal extraction)
3. Owing allegiance to PHP and not giving knowledge about possible conspiracies (treason)
Ex. Rape - intent to lie; murder - intent to kill; theft - intent to gain
Acts of lasciviousness, unjust vexation, rape through sexual assault, sodomy before VAWC
What is MOTIVE?
MOTIVE: moving power impelling one to action for a definite result.
• Not necessary for conviction
• Needed only when there is doubt as to identity of the assailant (to identify the killer)
• Proved through evidence or testimonies (not enough to prove conviction though)
Motive not an element in crime; used when no person / witness to the identity of the accused, or when evidence
is purely circumstantial
If a person can witness, motive is dispensed; check the expression of the person before and after the crime
Article 4
B. Error in personem
C. Proximate cause - p 62
D. Accelerated death
Stabbing caused a wound in the palm; without treatment, the stabbed died of tetanus infection
Inherently impossible
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G. GR No. 165483 - Sep 12, 2006 - frustrated (?)
Offender commences by overt acts but he does not perform all the acts due to some causes other than his
own spontaneous desistance - voluntarily withdraw from the execution
Weapon used
No attempted slander
Qualified theft - for employees; with fiduciary relationship or one based on trust and confidence
Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as well as those which are frustrated
and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is
frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but
which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform
all the acts of execution which should produce the felony by reason of some cause or accident other than this own
spontaneous desistance.
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How is consummated felony executed?
In the consummated stage, all acts of execution are present hence the offender is in the objective stage as he has no
longer control over the outcome of his acts, having performed all that is necessary to accomplish his purpose.
In the frustrated stage, the offender has also reached the objective stage of the offense for he has performed all the acts
which would produce the felony, but the crime was not committed for reasons INDEPENDENT OF THE WILL OF THE
PERPETRATOR.
In attempted felony, the offender is still in the subjective stage because he has not performed all the acts necessary for its
accomplishment. Therefore, he still has control as he may or may not continue his overt acts.
(1) The offender commences the commission of felony by directly overt acts
(2) He does not perform all the acts of execution which would produce the felony
(3) The offender's act is not stopped by his own spontaneous desistance, and
(4) The non-performance of all acts of execution was due to cause or ACCIDENT other than his spontaneous desistance
Physical activity or deed indicating the intention to commit a particular crime, more than a mere planning or preparation,
which, if carried to its complete termination following its natural course, without being frustrated by external obstacles nor
by voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.
Yes--There are felonies, where, because of their nature or the manner of committing them, the overt acts are not
performed with bodily movement or by physical activity.
(Example: proposal consisting in making an offer of money to a public officer for the purpose of corrupting him is the overt
act in the crime of corruption of public officer)
What happens when the cause of non-performance of all the acts necessary for the commission of the offense is
OTHER THAN the offender's spontaneous desistance?
When the cause of non-performance of all the acts necessary for the commission of the offense is other than the offender's
spontaneous desistance, the felony is ATTEMPTED.
(1) The offender cannot possibly perform all the acts of execution to bring the desired result without consummating the
offense such as slander and libel.
(2) When the crime is treated by the RPC in accordance with the results, i.e., the result should be there before liability can
be determined--i.e., physical injuries, the crime is only in the consummated stage. In physical injuries--it cannot be
determined whether the injury will be slight, less serious or serious unless consummated.
(3) When the intent is absent such as in culpa and in malum prohibitum
Do some crimes have NO frustrated stage? (Remember, frustrated stage executes all elements of the crime but was
not committed due to reasons independent of the will of the perpetrator)
(1) Rape--where the gravamen of it is carnal knowledge, the slightest penetration of the female organ consummates the
felony.
(2) Arson--where the burning of even a portion of the building is already considered arson.
(3) Theft or robbery--where the moment the offender has complete control of the property consummates the felony. Mere
intent to gain in theft consummates the felony.
What is the difference between attempted and frustrated felonies as to the acts of execution?
What is the difference between attempted and frustrated felonies as to the causes of non-accomplishment?
Attempted- it is a cause or accident other than the offender's own spontaneous desistance
Frustrated- the offender is already in the objective phase
What is the difference between attempted and frustrated felonies as to the level of phase?
Attempted- the offender is still in the subjective phase as he is still in control of his acts
Frustrated- he is already in the objective phase
From the moment the culprit conceives the idea of committing a crime up to the realization of the same, his act passes
through certain stages, which are:
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Internal acts are mere ideas in the mind of the person which are not punishable even if, had they been carried out, they
would constitute a crime.
Ordinarily, preparatory acts are not punishable. Hence, proposal and conspiracy to commit a felony, which are only
preparatory acts, are not punishable, except when the law provides for their punishment in certain felonies.
(Example: buying a poison with which to kill the intended victim or carrying inflammable materials where a house is to be
burned)
Yes--they are punishable under the RPC and the stages are comprised of (a) attempted, (b) frustrated and (c)
consummated felony.
Preparatory act = If A bought poison from a drugstore, the preparation for the killing of B by means of poison is only a
preparatory act. For such may be used for other purposes such that it may be used to kill rats.
Overt act = But if A mixed the poison with food intended for B, such would be an overt act since such is already a
preparation to commit murder.
It is one where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is
ambiguous.
To determine whether or not a crime is only attempted, frustrated or consummated, the following must be considered:
In the crime of Arson for instance, it is NOT necessary that the property is totally destroyed by fire since it is consummated
already even if only a portion of the wall or any other part of the house is burned.
What are the instances when the elements constituting the felony is considered in a criminal act?
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In the crime of Theft for instance, the crime is consummated when the thief is able to take or get hold of the thing
belonging to another, even if he is not able to carry it away.
In Estafa, the crime is consummated when the offended party is actually damaged or prejudiced.
The SC ruled that there is no crime of frustrated theft, thereby declining to adopt the Dino and Flores ruling in this
jurisdiction.
- proposal - not a crime per se but a way for the commission of a crime
JURISDICTION
RTC:
* recidivism
* habitual delinquency
* percentage purity
JUSTIFYING CIRCUMSTANCES
SELF-DEFENSE elements: (1) unlawful aggression, (2) reasonable necessity, (3) lack of sufficient provocation
Reasonable necessity - use of any weapon available; rational equivalence between the means, the attack and its
defense
RA 9262
Cases to read
a) Double jeopardy; dismissal due to insufficiency of evidence amounting to an acquittal with no appeal
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4. GR No. 187728 - Sep 12, 2011 - Mari v Gonzales
a) Simple illegal recruitment under Labor Code Art 38 in relation to Art 13b, and 39c
6. GR No. 135080 - Nov. 28, 2007 - Salvador v Mapa (ex post facto law)
b) Administrative Order No. 13 February 7, 1996 - Guidelines In The Handling And Prosecution Of Ombudsman
Cases Filed With Or Pending Before Regular Courts Pursuant To The Provisions Of Republic Act No. 7975
c) Memorandum Order No. 61, November 18, 2013 - Providing Foe The Adoption Of The Half-Day Session Pursuant
To Executive Order No. 62 Dated March 29, 1967.
7. GR No. 151258 - Feb 1, 2012 - Leni Villa Villreal v People (hazing at ADMU)
a)
a) Order for 5th Division SB to allow Joey Marquez to refer evidence of prosecution to NBI’s Questioned Document
Section
11. GR No. 180219 - Nov 23, 2011 - self-defense and accident; offender is neither exempted
25. GR No. 218581 - Mar 27, 2019 - murder and physical injuries
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