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Crime: A transgression done in violation of a rule of conduct which specifically requires its performance or non-performance. Law: Sanchez Roman defines law as a rule of conduct, just, obligatory, promulgated by competent authority and of common observance & benefit. Criminal Law: Criminal law is a substantive and public law which defines crimes, classifies its nature and prescribes a penalty therefore.
GENERALITY: General Application of Criminal Laws: Art 14, Civil Code On all: military and PNP: Sec 46, RA 6975 (PNP); Sec 1, RA 7055 (AFP and Cafgu, Articles of War Waiver by President)
EXCEPTIONS TO GENERALITY Laws of preferential application RA 75, subject to reciprocity and Parliamentary Immunities Generally accepted principles of public international law Diplomatic Convention and Doctrine of Sovereign Immunity Treaty Stipulations Lance Corporal Smith
12 mile limit
EXCEPTIONS TO TERRITORIALITY
1. Philippine ship or airship place of registry
French and English Rules foreign merchant ships RA 6235
2. 2000 BAR, No. 1 3. Offenses related to forgery and counterfeiting Philippine coins or currency and in the importation, uttering and distribution in the Philippines 4. Offenses committed by public officers or employees while performing their functions 5. Offenses against national security and the law of nations
People vs. Lol-lo and Sarao 2008 Bar High seas
PRINCIPLE OF PROSPECTIVITY
Ex post facto laws Art 22, penal laws favorable to the accused PEOPLE vs. AVECILLA (GR No. 117033, Feb. 15, 2001)
ELEMENTS OF FELONIES
There is an act or omission Act or omission is punishable by the RPC (PEOPLE vs. SILVESTRE & ATIENZA and PEOPLE vs. FRANCIS ABARCA, 153 SCRA 735) Act or omission is incurred by dolo or culpa all done with freedom
FELONIES BY DOLO
REQUISITES OF DOLO OR MALICE:
Freedom Intelligence People vs. Taneo, lack of intelligence and intent Intent
No criminal intent, no crime, justified, No civil liabilities, except in Art 11, par. 4 when a person commits an act to avoid a greater evil or injury (see Art 432 of the Civil Code) No freedom or intelligence exempting, civilly liable
MISTAKE OF FACT
Act should have been lawful and actor is not negligent US vs. AH CHONG People vs. Oanis
FELONIES BY CULPA
Freely and intelligently but with negligence People vs. Guillen
MOTIVE
Motive is the moving power which impels one to action while intent is the purpose to use a particular means Latter is not essential except:
Questions as to identity Conflicting versions
Intended victim same as actual victim But a more serious crime is produced
IMPOSSIBLE CRIMES
2000 Bar, impossible crime is not a crime but with a penalty; person punished for his criminal tendencies
Intod vs. CA, 215 SCRA 52
STAGES OF EXECUTION
1. ATTEMPTED 2. FRUSTRATED STAGES 3. CONSUMMATED STAGES
SUBJECTIVE PHASE
PHASE WHEREIN THE ACTOR CONCEIVES THE IDEA OF COMMITTING A CRIME Internal Acts not penalized Preparatory Acts to a particular crime not penalized for as long as they, in themselves, do not constitute an offense
ACTOR HAS CONTROL OVER HIS ACTIONS SPONTANEOUS DESISTANCE no liability provided no other crime is committed
OBJECTIVE STAGE
State wherein the offender performed all the acts of execution needed for the crime No more control Crime is either frustrated or consummated
RAPE
ORITA ruling People vs. Efren Valez (GR 136738, March 12, 2001) child, inch penetration People vs. Campuhan (GR 129433, March 30, 2000) epidermal contact PEOPLE vs. MONTERON (G.R. No. 130709, March 6, 2002) adult/ on top of female orgn PEOPLE vs. MARIO (G. R. No. 132550, February 19, 2001) cannot recall (woke up/wet-sticky substance) PEOPLE vs. COLLADO (G.R. Nos. 135667-70[1], March 1, 2001) no intent to penetrate
When proposal is accepted, there is conspiracy Act of one is the act of all PEOPLE vs. ROEL PUNZALAN, ET. AL. (GR 78853; November 9, 1991) A co-conspirator is liable for such other crimes which could be foreseen and which are the natural and logical consequences of the conspiracy
PEOPLE vs. RICARDO LASCUNA, ET. AL. (GR 90626; August 18, 1993) time of commission; liable for graver offense unless he performed overt acts to prevent the graver offense PEOPLE vs. DE LA CERNA, ET. AL. (GR L-20911, October 30, 1967) If the conspirators select a particular individual or group of individuals to be their victim and another person was killed by some, only those who actually participated in the killing are liable
ART 10
GEN RULE: RPC principles not applicable to offenses under special laws:
Penalties Stages of execution Degrees of participation graduation