Book One

Question 1

Characteristics of Criminal Law

Answer 1

1. General
2. Territorial
3. Prospective

Question 2

GENERAL characteristics of Criminal Law

Answer 2

It is binding on all persons who live or sojourn in the Philippine territory (Art. 14, NCC)
EXCEPTIONS:
a) Treaty stipulations
b) Laws of preferential application
c) Principles of Public InternationalLaw.
The following persons are exempted:
a. Sovereigns and other chief of state
b. Ambassadors,ministers, plenipotentiary, minister resident and charges d’affaires.

Question 3

TERRITORIAL characteristics of Criminal Law

Answer 3

Penal laws of the Philippines are enforceable only within its territory.
EXCEPTIONS: (Art. 2, RPC) i.e., enforceable even outside Philippine territory.
1) Offense committed while on a Philippine ship or airship
2) Forging or counterfeiting any coin or currency note of the Philippines or obligations and securities issued by the Government.
3) Introduction into the country of the above-mentioned obligations and securities.
4) While being public officers or employees should commit an offense in the exercise of their functions.
5) Should commit any of the crimes against national security and the law of nations defined in Title One of Book Two.
EXCEPTION TO THE EXCEPTION:
Penal laws not applicable within or without Philippine territory if so provided in treaties and laws of preferential application. (Art.2, RPC)

Question 4

PROSPECTIVE characteristics of Criminal Law

Answer 4

GENERAL RULE: Penal laws cannot make an act punishable in a manner in which it was not punishable when committed.
EXCEPTION: (it may be applied retroactively) When the new law is favorable to the accused.
EXCEPTION TO THE EXCEPTION
a) The new law is expressly made inapplicable to pending actions or existing causes of actions.
b) Offender is a habitual criminal.

Question 5

LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS:

Answer 5

1. No ex post facto law shall be enacted
2. No bill of attainder shall be enacted
3. No law that violates equal protection clause of the constitution shall be enacted
4. No law which imposes cruel and unusual punishments nor excessive fines shall be enacted.

Question 6

Define Felonies

Answer 6

Felonies are acts or omissions punishable by the RPC.

Question 7

ELEMENTS OF FELONIES (GENERAL)

Answer 7

1. there must be an act or omission ie, there must be external acts.
2. the act or omission must be punishable by the RPC.
3. the act is performed or the omission incurred by means of dolo or culpa.

Question 8

CLASSIFICATION OF FELONIES ACCORDING TO THE MEANS BY WHICH THEY ARE COMMITTED:

Answer 8

1. Intentional Felonies - the act is performed with deliberate intent or malice.
2. Culpable Felonies - performed without malice.

Question 9

What are the requisites of DOLO or MALICE?

Answer 9

a. Freedom
b. Intelligence
c. Criminal Intent

Question 10

Define Mistake of Fact.

Answer 10

It is a misapprehension of fact on the part of the person causing injury to another. Such person is not criminally liable as he acted without criminal intent. (People vs Ah Chong)

Question 11

Requisites of mistake of fact as a defense

Answer 11

a. That the act done would have been lawful had the facts been as the accused believed them to be.
b. That the intention of the accused in performing the act should be lawful.
c. That the mistake must be without fault or carelessness on the part of the accused.

Question 12

What are the requisites of CULPA?

Answer 12

a. Freedom
b. Intelligence
c. Negligence and Imprudence

Question 13

Define Mala Prohibita

Answer 13

The class of crimes punishable by SPECIAL LAWS and where criminal intent is not, as a rule, necessary, it being sufficient that the offender has the intent to perpetrate the act prohibited by the special law.

Question 14

What are the requisites of criminal liability?

Art.4 Par.1

Answer 14

a) That an intentional felony has been committed.

b) That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed.

Question 15

PROXIMATE CAUSE

Answer 15

that cause, which, in the natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury without which the result would not have occurred.

Question 16

Thus, the person is still criminally liable in:

Answer 16

1. Error in personae- mistake in the
   identity of the victim.
2. Abberatio ictus – mistake in the blow.
3. Praeter intentionem – lack of intent to commit so grave a wrong.

Question 17

ARTICLE 4 PAR. 2 (IMPOSSIBLE CRIME) REQUISITES:

Answer 17

a) That the act performed would be an
offense against persons or property.
b) That the act was done with evil intent.
c) That its accomplishment is inherently
impossible, or that the means employed is either inadequate or ineffectual.
d) That the act performed should not constitute a violation of another provision of the RPC.

Question 18

STAGES OF EXECUTION OF FELONY

Answer 18

1. CONSUMMATED FELONY - When all the elements necessary for its execution and accomplishment are present.
2. FRUSTRATED FELONY
3. ATTEMPTED FELONY

Question 19

What are the elements of frustrated felony?

Answer 19

a) The offender performs all the acts of execution.
b) All the acts performed would produce the felony as a consequence.
c) But the felony is not produced.
d) By the reason of causes independent of the will of the perpetrator.

Question 20

What are the elements of attempted felony?

Answer 20

a) The offender commences the commission of the felony directly by overt acts.
b) He does not perform all the acts of execution which should produce the felony.
c) The offender’s acts are not stopped by his own spontaneous desistance.

Question 21

WHAT CRIMES DO NOT ADMIT OF FRUSTRATED STAGE?

Answer 21

1) Rape
2) Bribery
3) Corruption of Public Officers
4) Adultery
5) Physical Injury

Question 22

DESISTANCE

Answer 22

• is an absolutory cause which negates criminal liability because the law encourages a person to desist from committing a crime.
• this is applicable only in the attempted stage.

Question 23

2 STAGES IN THE DEVELOPMENT OF A CRIME:

Answer 23

1) Internal acts
- Such as mere ideas in the mind of person.
- Not punishable.
2) External acts cover:
a) Preparatory acts - ordinarily not punished except when considered by law as independent crimes (e.g. Art. 304, Possession of picklocks and similar tools)
b) Acts of Execution - punishable under the RPC

Question 24

REQUISITES OF CONSPIRACY (ARTICLE 8)

Answer 24

1. That 2 or more persons came to an agreement.
2. That the agreement pertains to the commission of a felony.
3. That the execution of the felony was decided upon.

Question 25

2 CONCEPTS OF CONSPIRACY

Answer 25

1. Conspiracy as a crime by itself. EXAMPLE: conspiracy to commit rebellion or insurrection, treason, sedition. 2. Conspiracy as a means of committing a crime a) There is a previous and express agreement; b) The participants acted in concert or simultaneously which is indicative of a meeting of the minds towards a common criminal objective. There is an implied agreement.

Question 26

GENERAL RULE OF CONSPIRACY

Answer 26

GENERAL RULE: Mere conspiracy or proposal to commit a felony is not punishable since they are only preparatory acts EXCEPTION: in cases in which the law specially provides a penalty therefor, such as in treason, coup d’etat, and rebellion or insurrection

Question 27

“The act of one is the act of all”

Answer 27

GENERAL RULE: When conspiracy is established, all who participated therein, irrespective of the quantity or quality of his participation is liable equally, whether conspiracy is pre-planned or instantaneous. EXCEPTION: Unless one or some of the conspirators committed some other crime which is not part of the intended crime. EXCEPTION TO THE EXCEPTION: When the act constitutes a “single indivisible offense”.

Question 28

DEFINE JUSTIFYING CIRCUMSTANCES | ARTICLE 11

Answer 28

– are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. There is no civil liability, except in par. 4 of Art. 11, where the civil liability is borne by the persons benefited by the act.

Question 29

WHAT ARE THE REQUISITES OF SELF DEFENSE?

Answer 29

a) Unlawful aggression (condition sine qua non); b) Reasonable necessity of the means employed to prevent or repel it; and c) Lack of sufficient provocation on the part of the person defending himself.

Question 30

Rights included in self-defense:

Answer 30

Self-defense includes not only the defense of the person or body of the one assaulted but also that of his rights, the enjoyment of which is protected by law. Thus, it includes: 1. The right to honor. Hence, a slap on the face is considered as unlawful aggression directed against the honor of the actor (People vs. Sabio, 19 SCRA 901). 2. The defense of property rights, only if there is also an actual and imminent danger on the person of the one defending ( People vs Narvaez, 121 SCRA 389).