Criminal Law

Question 1

What is Criminal law?

Answer 1

Branch of public law which:
* Defines crimes
* Treats of their nature
* Provides for their punishment

Question 2

Basic Principles and Characteristics of Crim Law

Answer 2

1. No law, no crime
2. prospectivity
3. generality
4. territoriality

Question 3

What principle states that As a rule, penal laws are prospective in effect.

Answer 3

Prospectivity

Question 4

What principle states that Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory subject to the principles of international law and to treaty
stipulations

Answer 4

Generality

Question 5

What principle states that As a rule, our Revised Penal Code shall be enforced not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone

Answer 5

Territoriality

Question 6

What does prospective mean?

Answer 6

The law is effective from the day it is enacted until it will be amended. So bale from present to future siya.

Question 7

When is crim law retroactive instead of prospective?

Answer 7

When the law is favorable to the accused.

Example kay nakapatay si Carlos on April 15, 2004. Tas ato na date kay ang charge sa murder is 5 years lang. Tas atong May 15, 2005 kay na change ang charge sa murder into 4 years. Let’s say na wala pa nafinalize ang charges kay Carlos sa iyang murder. So in this case, ang 4 years ang applicable na sentence sa iya instead na 5 years even though ang law ato na time sa pag commit niya sa crime is 5 years. Favorable siya in a sense na mas gamay ang 4 years kaysa sa 5 years.

Question 8

If you commit a crime on a ship or a plane bearing the Singapore flag tas ang point of origin ato na journey is Philippines, would you be subject to the Penal Laws of the Philippines?

Answer 8

No. The only time na subject ka sa laws sa Philippines is when the airship or ship bears the Philippine Flag. Maski pag sa singapore ka nakasala if ang flag sa vessel is philippines, then pwede ka makasuhan gamit ang laws sa Philippines.

Question 9

Would you be subject to the penal laws of the PH if naa ka sa Japan nag counterfeit ug PHP na currency?

Answer 9

Yes. As long as PHP currency-related ang crime

Question 10

If ang PH senator is nag commit ug crime sa USA habang nag attend siya ug mandatory hearing sa California, subject ba siya sa penal law sa PH?

Answer 10

Yes. As long as ang public official is exercising their functions. Walay relevance ug asa nila gi commit ang crime basta bearer sila sa name sa Philippines through their job functions.

Question 11

Refers to Acts or omissions punishable by law

Answer 11

Felony

Question 12

an overt or external act

Answer 12

Acts

Question 13

failure to perform a duty required by law.

Answer 13

Omission

Question 14

acts and omissions punishable by ANY law

Answer 14

Crime

Question 15

acts and omissions punishable by the Revised Penal Code

Answer 15

Felonies

Question 16

acts and omissions punishable by any special penal law

Answer 16

Offense

Question 17

What requisites must concur before a felony may be
committed?

Answer 17

1. act or omission
2. punishable by the RPC
3. act or omission incurred by means of deceit or fault (Malice or Negligence)

Question 18

How felonies are committed:

Answer 18

by means of deceit (dolo) –

There is deceit when the act is performed with deliberate intent.

Question 19

Requisites of Dolo

Answer 19

Freedom / Intelligence / Intent

Question 20

Elements of intentional felony

Answer 20

1. Criminal Act (Actus reus)
2. Criminal Intent (Mens rea)

Question 21

Element of intentional felony that is not required in some
crimes

Answer 21

Criminal Intent (Mens rea)

Question 22

Criminal Intent two types

Answer 22

• Specific Criminal Intent (e.g., intent to kill)
• General Criminal Intent (Dolo or Malice)

Question 23

why was ah chong acquitted?

Answer 23

There was a mistake of fact on his part as he thought his act was a legitimate right of self-defense since he thought that Pascual was a robber.

Question 24

Kinds of Mistake of fact

Answer 24

Negating Specific Element
Negating dolo

Question 25

Age of pure exemption from criminal liability

Answer 25

age 15 and below

Question 26

Can a 15 but below 18yo child be criminally liable?

Answer 26

yes as long as they acted with discernment (Especially if ma prove na planado ilang crime). The things is mitigated or reduced lang ilang kaso.

Question 27

is his mental capacity to understand the difference between right and wrong, and such capacity may be known and should be determined by taking into consideration all the facts and circumstances afforded by the records in each case, the very appearance, the very attitude, the very comportment and behavior of said minor

Answer 27

Discernment

Question 28

Criminal intent is not necessary in these cases:

Answer 28

1. crime is product of neligence, imprudence, lack of skill or foresight 2. crime is a prohibited act under a special law (Malum prohibitum)

Question 29

deficiency of action in felony - culpa

Answer 29

Imprudence

Question 30

deficiency of perception in felony - culpa

Answer 30

Negligence

Question 31

Requisites of culpa felony

Answer 31

1. Freedom 2. Intelligence 3. Imprudence, negligence, lack of skill or foresight 4. Lack of intent

Question 32

are acts or omissions which are wrong or evil in its very nature.

Answer 32

Mala in Se

Question 33

are acts or omissions that are not wrong or evil in essence, but they are wrong or evil because they are prohibited.

Answer 33

Mala Prohibita

Question 34

all crimes punished under the Revised Penal Code, and any amendments thereto through Special Penal Laws, are considered ____________

Answer 34

Mala in Se

Question 35

Exemption of Mala in Se in crimes punished by RPC

Answer 35

Technical Malversation. Example ani kay naka ingon sa republic act na ang budget for electricity under DOH is 2m per year. Tapos naa may sobra sa 2m na money so gi gamit nila ang sobra na money para sa gas bill kay didto kulang budget. Bale ang alloted budget unta sa elec kay naadto sa gas. Bawal na siya maski pa for a good or justifiable reason.

Question 36

Crimes punished by Special Penal Laws, standing alone, are considered as ___________

Answer 36

Mala Prohibita

Question 37

Are all crimes punished by Special Penal Laws considered as Mala Prohibita?

Answer 37

No. In cases of Terrorism, Genocide, or Torture. Inherently mali man jud na nga crimes so Mala in Se siya.

Question 38

Relevance of differentiating Mala in Se and Mala Prohibita

Answer 38

To know if intent is necessary in proving if an act is really a crime. Intent is necessary in Mala In Se and not necessary in Mala Prohibita

Question 39

They are those acts of a person said to be in accordance with law, such that a person is deemed not to have committed a crime and is therefore free from both criminal and civil liability.

Answer 39

Justifying Circumstances

Question 40

Types of Justifying Circumstances

Answer 40

1. Self-defense 2. Defense of relatives 3. Defense of stranger 4. Avoidance of greater evil or injury 5. Fulfillment of duty or exercise of a right 6. Obedience to a lawful order

Question 41

Types of Self-defense

Answer 41

1. Defense of the person or body of the one assaulted 2. Defense of the person’s home 3. Defense of rights protected by law 4. The right to honor

Question 42

Elements of Self-Defense

Answer 42

1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 3. Lack of sufficient provocation on the part of the person defending himself

Question 43

Difference of Self-defense and Retaliation

Answer 43

In self-defense, the unlawful aggression still existed when the aggressor was injured but in retaliation, the inceptual unlawful aggression had already ceased

Question 44

There is a crime committed but there is no criminal liability that arises from it because of the complete absence of any of the conditions which constitute free will or voluntariness of the act.

Answer 44

Exempting Circumstances

Question 45

Exempting Circumstance that have lack of intelligence as basis

Answer 45

insanity, minority

Question 46

Exempting Circumstance that have lack of criminal intent as basis

Answer 46

accident, prevented by lawful cause

Question 47

Exempting Circumstance that have lack of freedom as basis

Answer 47

compulsion of irresistible force, uncontrollable fear

Question 48

Differentiate justifying and exempting circumstances in terms of effect

Answer 48

Ang modification sa circumstance is maka apekto sa gibuhat na act sa isa ka tao if Justifying Circumstance siya since ang basis man na dili ma butangan ug criminal liability ang tao is tungod ang act niya is allowed by law (Such as self-defense). On the other hand, ang modification sa circumstance if Exempting Circumstance is sa actor siya dili sa act since present man ang criminal act pero ang sa kani na situation is ang tao ang dili criminal tungod sa pagkukulang sa elements na intelligence, freedom, intent.

Question 49

Differentiate justifying and exempting circumstances in terms of existnce of crime

Answer 49

No crime for justifying since allowable man sa law ang act pero sa exempting, naay crime nahitabo pero ang tao kay dili ma consider na criminal.

Question 50

Differentiate justifying and exempting circumstances in terms of liability

Answer 50

no criminal and civil liability ang sa justifying pero sa exempting kay no criminal liability pero naay civil liability through pag bayad sa damages na na cause sa nagcommit sa act if naa siyay kwarta.