CRIMINAL LAW IN GENERAL & ARTICLES 1-5

Question 1

When did the Revised Penal Code take effect?

Answer 1

January 1, 1932.

Question 2

What is criminal law?

Answer 2

Criminal Law is the branch or division in the study of law which:

1. Defines crimes
2. Treats of their nature
3. Provides for their punishment

Question 3

Explain axiom nullum crimen, nulla poena sine lege.

Answer 3

It means that THERE IS NO CRIME WHEN THERE IS NO LAW PUNISHING AN ACT OR OMISSION AS A CRIME.

It tells us what is punishable and what is not punishable.

Question 4

What are the sources of criminal law?

Answer 4

There are only 2 sources:

1. Revised Penal Code
2. Special Laws
3. Penal Presidential Decrees issued during Martial Law

However, generally there is only one source, which is THE LAW ITSELF, going back to the Latin maxim nullum crimen, nulla poena sine lege.

Question 5

What are the characteristics of criminal law?

Answer 5

Criminal Law is:

1. General
2. Territorial
3. Prospective

Question 6

Explain GENERALITY as a characteristic of criminal law, and explain its exemptions.

Answer 6

Generality means that criminal law is enforceable upon everyone who resides in/visits/sojourns in the Philippines.

When one commits a crime in the Philippines, he is subject to prosecution before the PH courts.

There are three exceptions to this rule (PVL):

1. Those who are exempt by virtue of the principle of PUBLIC INTERNATIONAL LAW
   a. Heads of state
   b. Diplomatic officials
2. Those exempt by virtue of treaties
3. Those subject to the Laws of Preferential Application (such as RA 75)

Question 7

T or F

A consul that committed a crime in the Philippines is immune by virtue of the principle of Public International Law.

Answer 7

False. Consuls are not entitled to the privileges and immunities enjoyed by ambassadors/ministers/heads of state, since consuls do not represent the political interests of his country.

Therefore, a consul is not exempt from criminal prosecution for violations of the laws, UNLESS there is a treaty providing for such immunity.

Question 8

Explain TERRITORIALITY as a characteristic of criminal law, and explain its exemptions.

Answer 8

This means that the penal laws of the PH are enforceable only within its territory. However, this is without exemption. The exemptions are:

1. Should commit an offense on Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number.
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 securities and the law of nations.

Question 9

Explain the difference between generality and territoriality as a characteristic of criminal law.

Answer 9

Generality places an emphasis on the DOER/OFFENDER.

Territoriality places an emphasis on WHERE the crime was committed.

Question 10

Explain PROSPECTIVITY as a characteristic of criminal law, and explain its exemptions.

Answer 10

Prospectivity means that crimes are punished under the law enforced at the time of their commission. Criminal law LOOKS FORWARD.

The exception to this is when the law is given retroactive effect, such as when a law is favorable to the accused, such as when a new law reduces the penalty of a previous offense.

This exception has its exemption as well, such as when:

1. The new law is expressly made inapplicable to pending actions or cause of action.
2. Where the offender is a habitual delinquent.

Question 11

Give a brief history of the Revised Penal Code.

Answer 11

• The RPC originated form the old Spanish Penal Code of 1887, which took effect on July 14, 1887.
• In 1914, an attempt was made to change the old code, but was not acted upon by the Philippine Legislature.
• A Committee chaired by Anacleto Diaz, came out with a draft and the Philippine Legislature passed it into law on December 8, 1930, and became effective on January 1, 1932.

Question 12

Explain the two schools of thought underlying Criminal Law, and differentiate the two.

Answer 12

1. Classical Theory - aka Traditional theory. “Man is a rational being” If he is a rational being, he can then distinguish right from wrong, and when he commits a crime, he then knows he is wrong, since he knows he is wrong, he must prepare himself for the consequences of his actions. And crimes vary according to severity, and there should be a mechanical PROPORTION BETWEEN CRIME AND PENALTY.
2. Positivist Theory - “We cannot simply consider a crime as permanently governed or continuously governed by laws.” This means that that the ENVIRONMENT/SOCIAL CONDITIONING OF PERSONS MUST BE PUT INTO CONSIDERATION.

The difference between the classical and positivist theory is that CLASSICAL FOCUSES MORE ON THE ACT COMMITTED RATHER THAN THE ACTOR.

POSITIVIST GIVES MORE EMPHASIS ON THE ACTOR RATHER THAN THE ACT.

The RPC is based more on the Classical theory, since it is a reproduction of the Penal Code of Spain. However there are some positivist provisions inserted in amendments, such as the mitigating and justifying circumstances.

Question 13

Explain the application and enforceability of the provisions of criminal law.

Answer 13

The provisions of RPC shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction against those who:

1. Should commit an offense on Philippine ship or airship which is of Philippine registry.
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number.
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 securities and the law of nations.

The exceptions to the above are called EXCEPTIONS TO THE GENERAL CHARACTERISTIC OF CRIMINAL LAW, which include

1. Those who are exempt by virtue of the principle of PUBLIC INTERNATIONAL LAW
   a. Heads of state
   b. Diplomatic officials
2. Those exempt by virtue of treaties

1-5 are part of the EXTRATERRITORIALITY PRINCIPLE.

Question 14

Explain the Extraterritoriality Principle.

Answer 14

This is the exception wherein Philippine laws will apply even if the crime happened outside of the country/beyond PH territoriality.

Question 15

Explain the English and French rule in the application of territoriality principle.

Answer 15

English rule - a crime committed onboard a PH vessel that is in the territory of another country (dock/port/airport) shall be tried under the law of the territory where it is committed, EXCEPT WHEN it only involves minor crimes.

French Rule - a crime committed onboard a PH vessel that is in the territory of another country (dock/port/airport) shall be tried under PH law, EXCEPT WHEN the crime AFFECTS PEACE/SECURITY/SAFETY of the foreign country.

Based on the old case of US vs BULLS, SC said that we adhere to the English rule.

Under the English rule, crimes perpetrated on board foreign merchant vessels that are within 3 mile limit of the Philippines are triable in our courts.

Based on public international law, these rules only apply to MERCHANT VESSELS, and does not extend to warships.

Question 16

What are felonies?

Answer 16

Acts and omissions punishable by law under the RPC are felonies.
Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Rephrased:
Felonies are ACTS AND OMISSIONS PUNISHABLE BY LAW, which can be committed by means of DECEIT (DOLO), with deliberate intent or by means of FAULT (CULPA) when the wrongful act results from IMPRUDENCE, NEGLIGENCE, LACK OF FORESIGHT, OR LACK OF SKILL.

Question 17

What are the elements of a felony?

Answer 17

1. It involves an ACT OR OMISSION
2. It is PUNISHABLE BY RPC
3. Committed either by DOLO OR CULPA (deceit/malice OR fault).

Question 18

Distinguish motive from intent.

Answer 18

Both are in the mind, however:
Motive is the moving power that impels a person to commit a crime.
Intent is the purpose to use a particular means to achieve a particular result.

A kills B by running him over with his van, because of revenge.

Revenge here is the motive. Running over B with a van to kill him is the intent.

Question 19

Differentiate imprudence from negligence.

Answer 19

Imprudence is a DEFICIENCY OF ACTION OR LACK OF SKILL.

Negligence is a LACK OF FORESIGHT.

Question 20

T or F

Every felony, to be punishable, must be committed voluntarily.

Answer 20

True.

Question 21

What are the elements of voluntariness in an intentional felony?

Answer 21

1. Freedom
2. Intelligence
3. Intent

Question 22

What are the elements of voluntariness in an culpable felony?

Answer 22

1. Freedom
2. Intelligence
3. Fault or negligence

Question 23

What is mistake of fact? What are its requisites?

Answer 23

Mistake of fact is a MISAPPREHENSION of fact on the part of the person who caused injury to another, and is therefore NOT CRIMINALLY LIABLE because he did not act with intent. Its requisites are:

1. That the act done would have been lawful had the facts been or turned out as he believed them to be
2. That the intention of the accused in performing the act should be lawful
3. That the mistake must be without fault or carelessness on the part of the accused.

Question 24

Define and differentiate mala in se and mala prohibita.

Answer 24

Mala in se - Crimes so serious in their effects to society as to call for unanimous condemnation to its members. It generally refers to acts/omissions punished by RPC. Criminal intent here is necessary.

Mala prohibita - Violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society. It generally refers to acts/omissions punishable by special laws. The only inquiry here is whether the law has been violated.

Question 25

How is criminal liability incurred?

Answer 25

It is incurred: 1. By any person committing a felony although the wrongful act done be different from that which he intended: a. Error in personae - error in identity b. Aberration ictus - mistake in blow c. Praeter Intentionem - result exceeded expectations 2. By any person performing an act which would be an offense against persons or property were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means - Impossible crime

Question 26

Explain the doctrine of proximate cause.

Answer 26

It is the cause which in the natural and continuous sequence, unbroken by any efficient intervening cause, results in a particular felony without which the felony would not have resulted. The felony committed is not the proximate cause of the resulting injury when: a) there is an active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; or b) the resulting injury is due to the intentional act of the victim.

Question 27

What is an efficient intervening cause?

Answer 27

An efficient intervening cause is something absolutely foreign and totally unexpected which intervened and which breaks the relation of cause and effect between the original felonious act and result.

Question 28

What is impossible crime?

Answer 28

Impossible crime is a crime committed by a person who performs an act which would be an offense against a PERSON or PROPERTY, were it not for inherent impossibility of its accomplishment or on the account of the employment of inadequate or ineffectual means.

Question 29

Differentiate General and Specific Criminal Intent.

Answer 29

General Criminal Intent - the accused meant to do an act prohibited by law. Whether the defendant intended the act's result is irrelevant. INTENDED TO COMMIT A CRIME ONLY. Specific Criminal Intent - the accused intentionally commit an act and intend to cause a particular result when committing that act. INTENDED TO COMMIT A CRIME PLUS AN INTENDED RESULT. Thus, in certain crimes against property, there must be the intent to gain (Art. 293 — robbery; Art. 308 — theft). Intent to kill is essential in frustrated or attempted homicide (Art. 6 in relation to Art. 249); in forcible abduction (Art. 342), the specific intent of lewd designs must be proved.

Question 30

Define Ex Post Facto Law.

Answer 30

An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law. An ex post facto law is VOID because it is prejudicial to the accused. An ex post facto law is one which: (1) makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; (2) aggravates a crime, or makes it greater than it was, when committed; (3) changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; (4) alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense; (5) assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful; and (6) deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty. (In re: Kay Villegas Kami, Inc., 35 SCRA 429, 431)

Question 31

Define Bill of Attainder.

Answer 31

A bill of attainder (also known as an act of attainder or writ of attainder or bill of penalties) is an act of a legislature declaring a person, or a group of persons, guilty of some crime, and punishing them, often without a trial. A Bill of Attainder is VOID, since it is unjust and deprives a person to the right to fair trial.

Question 32

Differentiate Malice and Deceit.

Answer 32

Malice - intent to injure Deceit - intent to deceive Malice encompasses deceit.

Question 33

T or F | The Constitution can be a source of criminal law.

Answer 33

False. The constitution does not define crime, nor provide any penalty for its provision.

Question 34

A and B, both Filipinos when to Japan. A killed B there. Can the PH courts try the case of murder?

Answer 34

No, basis is the territoriality principle under Article 2 of the RPC.

Question 35

T or F | Is there a need to prove intent in criminal law?

Answer 35

Generally no. There is a presumption in law that criminal intent is presumed from the COMMISSION OF A CRIMINAL ACT. WHAT IS IN THE MIND IS JUDGED BY ONE'S ACTIONS.

Question 36

T or F | A person can be criminally liable even when he has no criminal intent.

Answer 36

True, in cases of culpable felony and crimes that are mala prohibita.

Question 37

T or F Wound infections are generally considered a continuation of the natural effects of what happened to a victim and is therefore encompassed by the doctrine of proximate cause.

Answer 37

True.

Question 38

T or F | One is liable for all the direct, logical and natural consequences of his criminal act.

Answer 38

True.

Question 39

In impossible crimes, why should a person be held liable when actually he did not commit any crime?

Answer 39

He is being punished because he thought he was committing a crime. The principle here is objectively he is not criminal, but subjectively he is a criminal. He is a socially dangerous person for being criminally minded.

Question 40

Recite Article 1 of the RPC.

Answer 40

Time when Act takes effect - This Code shall take effect on the First day of January 1, 1932.

Question 41

Recite Article 2 of the RPC.

Answer 41

Application of its provisions - Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.

Question 42

Recite Article 3 of the RPC.

Answer 42

Definitions - Acts and omissions punishable by law are felonies (delitos) Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa) There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Question 43

Recite Article 4 of the RPC.

Answer 43

Criminal liability - Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. 2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

Question 44

What are the limitations on the Power of Congress to enact Penal Legislation?

Answer 44

1. ) Due Process Clause and Equal Protection 2. ) Non-imposition of excessive fines or cruel and unusual punishment 3. ) No Ex Post Facto Law or Bill of Attainder

Question 45

What are the components of due process?

Answer 45

1. Substantive due process: requires intrinsic validity of the law in interfering with the rights of the person to his life, liberty, or property. 2. Procedural due process: two basic rights of notice and hearing, as well as the guarantee of being heard by an impartial and competent tribunal.

Question 46

When is there excessive fine/penalty?

Answer 46

When the penalty/fine is flagrantly and plainly oppressive or so disproportionate to the offense committed as to shock the moral sense of all reasonable persons as to what is right and proper under the circumstances.

Question 47

What are the limitations on the power of the lawmaking body to enact penal legislation?

Answer 47

1. No ex post facto law or bill of attainder shall be enacted. (Art. Ill, Sec. 22) 2. No person shall be held to answer for a criminal offense without due process of law. (Art. Ill, Sec. 14(1)

Question 48

What is a crime?

Answer 48

Crime is an act committed or omitted in violation of a public law forbidding or commanding it.

Question 49

T or F | Common-law crimes are present in the PH.

Answer 49

False. No common law crimes in the Philippines. Court decisions are not sources of criminal law, because they merely explain the meaning of, and apply, the law as enacted by the legislative branch of the government.

Question 50

What are the constitutional rights of one accused of a crime?

Answer 50

Article III, Bill of Rights, of the 1987 Constitution provides for the following rights: 1. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. (Sec. 16) 2. No person shall be held to answer for a criminal offense without due process of law. (Sec. 14[1]) 3. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. (Sec. 13) 4. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. (Sec. 14[2]) 5. No person shall be compelled to be a witness against himself. (Sec. 17) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (Sec. 12[1]) No torture, force, violence; threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (Sec 12[2]) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (Sec. 12[3]) 6. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. (Sec. 19[1]) 7. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. (Sec. 21) 8. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. (Sec. 11)

Question 51

What are the statutory rights of one who is accused of a crime?

Answer 51

Section 1, Rule 115, of the Revised Rules on Criminal Procedure provides that in all criminal prosecutions, the accused shall be entitled: 1. To be presumed innocent until the contrary is proved beyond reasonable doubt. 2. To be informed of the nature and cause of the accusation against him. 3. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment, 4. To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him. 5. To be exempt from being compelled to be a witness against himself. 6. To confront and cross-examine the witnesses against him at the trial, 7. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. 8. To have a speedy, impartial and public trial. 9. To appeal in all cases allowed and in the manner prescribed by law.

Question 52

T or F Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused, it can be given a retroactive effect.

Answer 52

True.

Question 53

What are the exceptions to the retroactive application of new statues dealing with crime establishes conditions more lenient or favorable to the accused?

Answer 53

1. Where the new law is expressly made inapplicable to pending actions or existing causes of action. (Tavera vs. Valdez, 1 Phil. 463, 470-471) 2. Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal Code. (Art. 22, RPC)

Question 54

Explain the different effects of repeal of penal law.

Answer 54

Different effects of repeal of penal law: 1. If the repeal makes the penalty lighter in the new law, the new law shall be applied, except when the offender is a habitual delinquent or when the new law is made not applicable to pending action or existing causes of action. 2. If the new law imposes a heavier penalty, the law in force at the time of the commission of the offense shall be applied. 3. If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable, the crime is obliterated.

Question 55

T or F | A Philippine vessel or aircraft must be understood as that which is registered in the Philippine Bureau of Customs.

Answer 55

True.

Question 56

T or F It is the registration of the vessel or aircraft in accordance with the laws of the Philippines, not the citizenship of its owner, which makes it a Philippine ship or airship.

Answer 56

True.

Question 57

What are the crimes against national security and the law of nations?

Answer 57

1. treason (Art. 114), 2. conspiracy and proposal to commit treason (Art. 115), 3. espionage (Art. 117), 4. inciting to war and giving motives for reprisals (Art.118), 5. violation of neutrality (Art. 119), 6. correspondence with hostile country (Art. 120), 7. flight to enemy's country (Art. 121), 8. piracy and mutiny on the high seas. (Art. 122)

Question 58

T or F The crimes punishable in the Philippines under Art. 2 are cognizable by the Regional Trial Court in which the charge is filed.

Answer 58

True.

Question 59

T or F | Offense committed on board a foreign merchant vessel while on Philippine waters is triable before our court.

Answer 59

True. The Philippine territory extends to three miles from the headlands, when a foreign merchant vessel enters this three-mile limit, the ship's officers and crew become subject to the jurisdiction of our courts. The space within 3 miles of a line drawn from the headlands which embrace the entrance to Manila Bay is within territorial waters. (U.S. vs. Bull, 15 Phil. 7, 17-18)

Question 60

T or F An intentional felony is committed when the act is performed with deliberate intent, which must necessarily be voluntary.

Answer 60

True.

Question 61

T or F Culpable felony, which is committed when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill, must also be voluntary.

Answer 61

True

Question 62

T or F The only difference between intentional felonies and culpable felonies is that, in the first, the offender acts with malice; whereas, in the second, the offender acts without malice.

Answer 62

True.

Question 63

T or F A criminal act is presumed to be voluntary. Fact prevails over assumption, and in the absence of indubitable explanation, the act must be declared voluntary and punishable.

Answer 63

True.

Question 64

What are the three reasons why the act or omission in felonies must be voluntary?

Answer 64

1. The Revised Penal Code continues to be based on the Classical Theory, according to which the basis of criminal liability is human free will. 2. Acts or omissions punished by law are always deemed voluntary, since man is a rational being. One must prove that his case falls under Art. 12 to show that his act or omission is not voluntary. 3. In felonies by dolo, the act is performed with deliberate intent which must necessarily be voluntary; and in felonies by culpa, the imprudence consists in voluntarily, but without malice, doing or failing to do an act from which material injury results.

Question 65

T or F Mistake of fact is a misapprehension of fact on the part of the person who caused injury to another. He is not, however, criminally liable, because he did not act with criminal intent.

Answer 65

True. An honest mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act.

Question 66

T or F Where the identity of a person accused of having committed a crime is in dispute, the motive that may have impelled its commission is very relevant.

Answer 66

True.

Question 67

T or F Generally, proof of motive is not necessary to pin a crime on the accused if the commission of the crime has been proven and the evidence of identification is convincing.

Answer 67

True.

Question 68

T or F Motive is essential only when there is doubt as to the identity of the assailant. It is immaterial when the accused has been positively identified.

Answer 68

True.

Question 69

What are the requisites in order that a person may be held criminally liable for a felony different from that which he intended to commit?

Answer 69

In order that a person may be held criminally liable for a felony different from that which he intended to commit, the following requisites must be present: a. That an intentional felony has been committed; and b. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender.

Question 70

A, in attempting a suicide, jumped out of the window to kill himself, but when he dropped to the ground he fell on an old woman who died as a consequence. A lived. Is A criminally liable?

Answer 70

A is not criminally liable for intentional homicide. A was not committing a felony when he attempted a suicide.

Question 71

B, who was being fired at with a gun by C to kill him, fired his pistol at the latter in self-defense, but missed him and instead hit and killed D, a bystander. Is B criminally liable?

Answer 71

B is not criminally liable for the death of D. One acting in self-defense is not committing a felony.

Question 72

A policeman, who was pursuing to arrest an armed prisoner who had just escaped from jail, fired his service pistol at the latter when he refused to be captured. The slug fired from the pistol of the policeman, after hitting the prisoner on his right leg, hit and seriously injured a passer-by. Is the policeman criminally liable?

Answer 72

The policeman is not criminally liable for the injury caused to the passer-by, because being in the fulfillment of a duty he was not committing a felony.

Question 73

T or F If a man creates in another person's mind an immediate sense of danger, which causes such person to try to escape, and, in so doing, the latter injures himself, the man who creates such a state of mind is responsible for the resulting injuries.

Answer 73

True.

Question 74

T or F It is an established rule that a person is criminally responsible for acts committed by him in violation of the law and for all the natural and logical consequences resulting therefrom.

Answer 74

True.

Question 75

What are the requisites of impossible crimes?

Answer 75

Requisites of impossible crime: 1. That the act performed would be an offense against persons or property. 2. That the act was done with evil intent. 3. That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual. 4. That the act performed should not constitute a violation of another provision of the Revised Penal Code.

Question 76

T or F A, determined to poison B, uses a small quantity of arsenic by mixing it with the food given to B, believing that the quantity employed by him is sufficient. But since in fact it is not sufficient, B is not killed. The means employed (small quantity of poison) is inadequate to kill a person. There exists an impossible crime.

Answer 76

True.

Question 77

T or F A, determined to poison B, uses a sufficient amount of arsenic by mixing it with the food given to B. B is not killed, as it turns out he was immune. There exists an impossible crime.

Answer 77

False, frustrated felony.

Question 78

What is the purpose of punishing impossible crimes?

Answer 78

To suppress criminal propensity or criminal tendencies. Objectively, the offender has not committed a felony, but subjectively, he is a criminal.

Question 79

T or F Art. 5 of the Revised Penal Code may not be invoked in cases involving acts mala prohibita, because said article applies only to acts mala in se, or crimes committed with malice or criminal intent.

Answer 79

True.