Art 1-14 Flashcards
What is criminal law?
Criminal law defines crimes and provides for their punishment.
What limits the power of Congress to enact penal laws?
Due process, equal protection, non-imposition of excessive fines & cruel and unusual punishment, ex post facto penal laws.
What are some statutory rights of an accused?
presumed innocent until proven guilty beyond reasonable doubt, to be informed of the nature and cause of accusation against him, to be present and defend in person and by counsel at every stage of the proceedings, exempt from being compelled to be a witness against oneself, to have a speedy, impartial and public trial, to appeal in all cases allowed and in the manner prescribed by law
Are penal laws applied to foreigners present in the country?
Yes, penal laws are binding to all who live and sojourn in the Philippines (Art. 14, Civil Code)
Who are exempt from PH criminal laws due to international law?
Ambassadors, heads of missions of equivalent rank, envoys extraordinary, ministers plenipotentiary, charge d’affaires, accredited to the minister of foreign affairs
When is the RPC enforced outside PH jurisdiction?
- on a PH ship or airship
- when coins or currency notes of the PH are forged our counterfeit
- when those coins or currencies are introduced into the country
- being public officers or employees, committing an offense exercising their functions
- crimes against national security, law of nations
Do penal laws have retroactive application?
No. ‘No felony shall be punishable by any penalty not prescribed by law prior to its commission’, except when favorable to the acused.
Time when Act Takes effect?
January 1, 1932
What are the two theories in Criminal Law?
The classical theory and Positivist theory
What is classical theory?
The basis of criminial liability is human free will and the purpose of the penalty is retribution. Man has aboslute free will to choose between good and evil, therby placing more stress upon the effct or result of the felonious act than upon the man
What is Positivist theroy?
Man is subdued occasionally by a strange and morbid phenomenon which constraims him to do wrong, in spite of or contrary to his volition
What is the first par of Art 2?
Should commit an offense while on Philippine ship or airship;
What are the reqs of Art 2?
- A crime must be committed on board a private or merchant ship
- The ship or airship must be registered in the Philippines under PH law
- The ship or airship must not be within the territorial jurisdiction of another country, otherwise the laws of that country will apply
What are the two rules as to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of another country?
French rule and english rule
What is the French rule?
Such cirmes are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered
What is the english rule?
Such crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof
The PH follows which rule?
English rule
Do we have jurisdiction over foreign warships?
No. The nationality of such warship determines the applicable penal laws to crimes committed therein, as they are considered to be an extension of the territory of the country to which they belong
RPC applied when the Ph vessel is found within what?
- Philippine waters
- The high seas
What are the rules on foreign merchant and possession and use of drugs?
- If foreign merchant is in transit – mere possession of drugs is not publishable but the use of the same is punishable
- If foreign merchant is NOT in transit – mere possession of dangerous drugs is punishable because it can already be considered as illegal importation
What is the 2nd par of art 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
What is an example of Art 2 par 2?
Thus, any person who makes counterfeits in a foreign country may be prosecuted before our courts for violation of Article 163 (coins or currency counterfeit) OR Article 166 (forging securities or obligations) of the RPC.
what is the 3rd par of art 2?
Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;
What are the differences between num 2 and num 3?
Num 2- refers to people who produce the counterfeit coins
Num 3- refers to the person who introduces the coins.
What is the reason for num 2 and Num 3?
they are being punished because such acts have an effect on our economy
what is the 4th par of art 2?
While being public officers or employees, should commit an offense in the exercise of their functions; or
What are the felonies that can be commiteed abroad but will be prosecuted here?
- Direct Bribery
- Indirect bribery
- Fraud Against Public Treasury
- Possession of Prohibited Interest
- Malversation of Public Funds or Property
- Failure of accountable officer to render accounts
- Illegal use of Public Funds or Property
- Failure to Make Delivery of Public funds/Property
- Falsification by a public officer or employee committed with abuse of his official position
Does the RPC apply to public servants and employees who commit their offenses abroad?
Yes, as long as it was during the exercise of their functions
what is the 5th par of art 2?
Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
what are Examples of offenses against national security and law of the nations?
- Treason
- conspiracy and proposal to commit treason
- espionage
- inciting to war and giving motives for reprisals
- violation of neutrality
- correspondence with hostile country
- flight to enemy’s territory
- piracy and mutiny on the high seas
Execption of Art 2:
Penal laws are not applicable within or without ph territory if so provided in treaties and laws of preferential application
What is Art. 3 of RPC?
Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only by means of deceit (dolos) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent; and there is faulthwne the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
What are felonies?
acts and omissions punishable by R.P.C.
Elements of Felonies
1) there must be an act or omission; 2) act or omission must be punishable by RPC; and 3) act is performed or the omission incurred by means of dolos or culpa.
What are acts?
any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actually produced, as the possibility of its production is sufficient.; an overt act of a felony
Must acts be external?
Yes, because internal acts are beyond the sphere of penal law.
What is omission?
inaction; the failure to perform a positive duty which one is bound to do.
What are the classification of felonies?
Intentional felonies and culpable felonies; (1) by means of deceit (dolo) and (2) by means of fault (culpa)
What is the difference of intentional and culpable felonies?
Intentional felonies: the act or ommission of the offender is malicious (deliberate intent)
Culpbale felonies: act or omission of the offender is not malicious. “unintentional, it being simply the incident of another act performed without malice”
What are felonies committed by means of dolo or with malice?
When the offender, in performing an act or in incurring an omission, has the intention to do an injury to the person, property, or right of another, such offender acts with malice.
Does dolo mean deceit?
NO, it is equivalent to malice which is the intent to do an injury to another.
What are felonies committed by means of fault or culpa?
performed without malice but at the same time punishable in a lesser degree and with an equal result, an intermediate act which the RPC qualify as imprudence or negligence.
What is imprudence?
a deficiency of action; lack of skill
If a person fails to take the necessary precaution to avoid injury to a person or damage to property.
What is negligence?
a deficiency of perception; lack of foresight
If a person fails to pay proper attention and to use due diligence in foreseeing the injury of damage impending to be caused.
What is the reaosn for punishing acts of negligence (culpa)?
A man must use common sense, and ecervise due reflection in all his acts; it is his duty to be cautious, careful and prudent, if not from instinct, then through fear of incurring punishment.
Should acts or omissions be voluntary?
YES, in felonies committed by means of dolo or with malice and in felonies committed by means of fault or culpa, the act or omission must be voluntary and punishable by law to constitute a felony.
What is reckless imprudence?
consists in voluntary, but without malice, doing or failing to do an act fromw hich material damage results.
Why do acts or omissions in felonies must be voluntary?
- Classical Theory – according to which the basis of criminal liability is human free will.
- Acts or omissions punished by law are always deemed voluntary, since man is a rational being.
- 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.
Requisites of dolo or malice
- He must have FREEDOM while doing an act or omitting to do an act;
- He must have INTELLIGENCE while doing the act or omitting to do the act.
- He must have INTENT while doing the act or omitting to do the act.
What does intent presupposes?
One who acts without freedom necessarily has no intent to do an injury to another.
One who acts without intellifence has no such intent.
It presupooses the exercise of freedome and the use of intelligence.
How do you show intent?
The existence of intent is shown by the overt (external) acts of a person
What is mistake of fact?
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.
Requisites of mistake of fact as a defense
- That the act donw would have been lawful had the facts been as the accused believed them to be.
- That the intention fo the accused in performing the act should be lawful.
- That the mistake must be without fault or carelessness on the part of the accussed.
Does the lack of intent to kill the deceased because his intention was to kills another consittute a felony?
YES, the lack of intentin to kills the other does not relieve the accused from criminal responsibility. He having acted maliciously and willfully.
Does mistake in fact apply to error in personae or indentity of the victim?
NO.
Does mistake of fact apply when the accused is negligent?
NO, the defense of mistake of fact is untenable when the accused is charged with a culpable felony. In MOF, what is involved is the lack of intent on the part of the accused.
Criminal Intent necessary?
Criminal intent is necessary in felonies committed by means of dolo.
Actus non facit reum nisi mens sit rea
the act itself does not make a man guilty unless his intention were so.
Actus me invito factus non east meus actus
an act done by me against my will is not my act
In felonies committed by mean of culpa, is criminal intent replaced by negligence and imprudence?
YES, the doing of or failing to do ana ct must also be voluntary, there must be freedom and intelligence of the aprt of the offender. Criminal intent is replaced by the requisite of imprudence, negligence, lack of foresight, or lack of skill.
Requisites of felonies committed by means of fault or culpa
- He must have FREDDOM while doing an act or omitting to do an act;
- He must have INTELIGENCE while doing the act or omitting to do the act.
- He is IMPRUDENT, NEGLIGENT, or LACKS FORESIGHT or SKILL while doing the act or omitting to do the act.
What is the third class of crimes?
Those punished by special laws which also includes crimes punished by municipal or city ordinances.
Is dolo required in crimes punishable by specia laws?
NO, when the crime is punished by a special law, as a rule, intent to commit the crime is not necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited by special law.
What is mala in se?
there must be criminal intent; wrongful act from their nature.
What is mala prohibita?
it is sufficient if the prohibited act was intentionally done; wrong be cause prohibited by stature
Distinctions between mala in se and mala prohibita
- MS: intent governs. MP: only inquiry is has the law been violated?
- MS: felonies defined and penalized by RPC; MP: crimes htat have been originally defined and penalized by special laws.
What is motive?
the moving power which impels one to action for a definite result.
not an essential element of crime and need not be proved for purposes of conviction.
What is intent?
the purpose to use a particular means to effect such result.
When is motive relevant?
- Identity of accused
- Antagonistic Theories
- No eyewitness
- Circumstntial evidence or sufficient evidence
How is motive proved?
established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offence. Duch deeds or words may indicate the motive.
Is proof of motive sufficient to support conviction?
NO, it is not sufficient proof of guilt. Even a strong motive to commit the crime cannot take the place of proof beyond reasonable doubt, sufficient to overthrow the presumption of innocence.
What is Article 4 of RPC?
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 an account of the employment of inadequate or ineffectual means.
Does one who did not intend to do an act but by natural consequence, resulted in the act have criminal liability?
Yes - he who is the cause of the cause is the cause of the evil caused.
Does a felony by means of culpa fall under par. 1 of Article 4 - where a person is committing a felony though the act done is different from that he intended?
No - in Article 4, it must only be by means of dolo because there should be intent in the first place.
If the person’s act does not constitute a felony, does he have criminal liability?
No, only those in the RPC can lead to criminal liability.
What are the causes that can produce a result different from what the accused intended?
Mistake in:
- identity
- blow
- injurious result be greater than intended
What are the requisites of Art. 4, par. 1: committing a felony (delito) although the wrongful act done be different from that which he intended?
- intentional felony be committed
- wrong done to the aggrieved party be the direct and logical consequence of the felony committed
Is one criminally liable not only for the act, but also including all the natural, logical consequence of the act?
Yes.
Is an accused still criminally liable if it clearly appears that the injury would not have caused death and would have healed in days, were it not for the malicious or careless acts of the injured person?
No. The result must have been the direct and logical consequence of the felony. If there was an efficient intervening cause that broke the natural and continuous sequence between thei act and the injury, then there can be no criminal liability.
What is proximate cause?
That which is the natural and continous sequence, unbroken by any efficient intervening cause, produces the injury, without which the result would not have occured.
When is the felony not considered the proximate cause of the injury?
When there is an:
- active force that intervened between the felony and the resulting injury
- the injury is due to the intentional act of the victim
Is one’s nervousness of a person which caused him to move around despite doctor’s orders an efficient intervening cause?
No
When is death presumed to be the natural consequence of physicaly injuries?
- when the victim was in normal health
- death is expected based on the physical injuries
- death ensued within a reasonable time
What is art. 4, par. 2 all about?
Impossible Crimes
In impossible crime, why is the act not producing an offense against persons or property?
Because the commission of the offense against persons or property is
1. inherently impossible to accomplish
2. the means employed is either
a) inadequate
b) ineffectual
What is an impossible crime?
act performed was
1. an offense against persons or property
2. done with evil intent
3. its accomplishment is inherently impossible, or means employed is inadequate or ineffectual
What are offenses against persons?
I AM. D. Honorable Risa P. Hontiveros:
- Infanticide
- Abortion
- Murder
- Duel
- Homicide
- Rape
- Parricide
- Homicide
What are offenses against properties?
BRAT SUM [CC]
- brigandage
- robbery
- arson
- theft
- swindling
- usurpation
- malicious mischief
- culpable insolvency
- chattel mortgage
Art 5:
Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties.
— Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation.
In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.
What is the basis of paragraph 1?
Nullum crimen sine lege, nulla poena sine lege
What are the four requirements of a trial case?
- The act committed by the accused appears not punishable by any law;
- But the court deems it proper to repress such act;
- In that case, the court must render the proper decision by dismissing the case and acquitting the accused
- The judge must then make a report to the Chief Executive, through the Secretary of Justice, stating the reasons which induce him to believe that the said act should be made the subject of penal legislation
What are the requirements of the second paragraph of Article 5?
- The Court after trial finds the accused guilty
- The penalty provided by law and which the Court imposes for the crime committed appears to be clearly excessive because (a) the accused acted with lesser degree of malice, and/or; (b) there is no injury or the injury caused is of lesser gravity
- The Court should not suspend the execution of the sentence
- The judge should submit a statement to the Chief Executive, through the Secretary of Justice, reccommenting executive clemency.
What kind of penalty is not considered to be excessive?
Those intended to enforce a public policy
What is the duty of a judge when applying the law he does not believe to be promulgated in a reasonable way?
Apply the Supreme Court’s interpretation
Is judicial legislation allowed?
No
Is Art 5 applied to special laws?
Yes
What is Consummated Felony?
It is consumated when all the elements necessary for its excution and accomplishment are present.
What are the elements of a consummated felony?
“All elements” necessary and accomplishment “are present.”
What is Frustrated Felony?
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.
What are the elements of a frustrated felony?
- The offender performs all acts of execution.
What does “causes independent of the will of the perpetrator mean?
If the crime is not produced because of a timely intervention of a third person, it is frustrated. If the cause that prevented the consummation of the offense was the perpetrator’s own will, it is not frustrated.
What is Attempted Felony?
The offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause of accident other than his own spontaneous desistance.
What are the elements of an attempted felony?
- Offender commences the commision of the felony directly by OVERT acts (physical/external/proposal)
What is the subjective phase in attempted felony?
It is the portion of the acts constituting the crime, starting from the point where the offender begins the commission to the point where he still has control over his acts.
What are examples to exempt you from criminal liability?
One who takes part in planning a criminal act but desists in its actual commission is exempt from criminal liability. The desistance should be made before all the acts of execution are performed.
What is the development of a crime?
This is the moment the culprit conceives the idea of committing a crime up to the realization of the same and his acts passes through stages: (1) Internal acts and (2) External acts.
What is an internal act?
Mere ideas in the mind of a person. They are NOT punishable even if, they had been carried out, they would constitute a crime.
What is an external act?
They cover (1) preparatory acts and (2) acts of execution. This must have a direct connection with the crime intended to be committed by the offender.
What are preparatory acts?
They are ordinarily not punishable. Proposal and conspiracy to commit a felony are not punishable except for when the law provides so. However, preparatory acts which are considered in themselves, by law, as independent crimes are punishable (i.e. possession of picklocks, buying poison, carrying inflammable materials to a place to be burned.)
What are acts of execution?
They are punishable under the RPC. They have 3 stages: attempted, frustrated, and consumnated.
What is an overt act?
Physical activity or deed, indicating the intention to commit a particular crime. This is more than mere planning and preparation.
What is the difference between an overt act and preparatory act?
Preparatory is: A bought poison from a drugstore. Overt act is: The person mixed the poison with the food for his victim.
What is an indeterminate offense?
It is one where the purpose of the offender in performing an act is not certain.
When can you ascertain intention?
Intention must be ascertained through facts. It must be that the mind must infer from the intention of the perpetrator to cause a particular injury.
Who can be guilty of a felony?
Only offenders who personally execute the commision of a crime can be guilty of attempted felony. They must take direct part.
What’s the difference between frustrated and attempted?
In frustrated, the offender has reached the objected phase. He has performed all acts of execution.
How can you determine whether the crime is attempted, frustrated, or consummated?
Check the (1) Nature of the offense, (2) elements constituting the felony, (3) manner of committing the same.
What are the different manners in committing a crime?
- Formal Crimes: Consummated in one instant, by a single act. (i.e. slander and false testimony)
Art 7:
When light felonies are punishable. — Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.
What is the meaning of light felonies?
those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding Php 40,000, or both, is provided.
What are light felonies punished by RPC?
She Told Andrea, Micha, I, Dan, And Colleen Please Open Other Little Dainty Smiskies
1. Slight physical injuries
2. Theft
3. Alteration of boundary marks
4. Malicious mischief
5. Intriguing against honor
6. Disobedience to an agent of a person in authority
7. Alarms and scnadals
8. Concealing true name
9. Prostitution
10. Other forms of trespass
11. Other light threats
12. Light coercion
13. Destroying and damagin paintings
14. Slander by deed, not serious
What is the general rule?
Light felonies are punishable only when they have been consummated.
What is the exception?
Light felonies acommitted against persons or property, are punishable even if attempted or frustrated.
What is the reason for the general rule?
They produce such light, such insignificant moral and material injuries that public conscience is satisfied with providing a light penalty for their consummation. If they are not consummated, the wrong done is so slight that there is no need of providing a penalty at all.
What is the reaosn for the exception?
Commission of felonies against persons or property presupposes in the offender moral depravity.
Example of light felonies against person
Slight physical injuries and maltreatment
Example of light felonies against property
- Theft by hunting or fishinf or gathering fruits, cereals, or other forest of farm products upon inclosed estate or field where trespass is forbidden.
- Theft where value of the property doesn’t exceed Php 500 prompted by hunger poverty, or difficulty earning livelihood.
- Alteration of boundayr marks.
- Malicious mischief
Art 8:
Conspiracy and proposal to commit felony.
— Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.
Is conspiracy and proposal to commit a felony the same crime?
No. (1) conspiracy to commit a felony; (2) proposal to commit a felony are two different things
What is the general rule and exception to Art 8?
General Rule: Conspiracy and proposal to commit felony are not punishable
Exception: They are punishable only in the cases in which the law specifically provides a penalty therefor
Why is conspiracy and proposal to commit felony generally not a crime?
They are mere preparatory acts
What kind of conspiracy acts are criminalized under the RPC?
- Art 115: Conspiracy to commit treason
- Art 136: Conspiracy to commit coup d’etat
- Art 136: Conspiracy to commit rebellion or insurrection
- Art 141: Conspiracy to commit sedition
When two people commit treason are they charged with both crimes of: treason AND conspiracy to commit treason?
No. They will only be held liable for treason, and the conspiracy is only a manner of incurring criminal liability. It is not a separate offense.
When is conspiracy to commit treason, rebellion or sedition satisfied?
When two or more people agree to commit treason, rebellion or sedition
A, B, and C, having conceived a criminal plan, got together, agreed and decided to kill D. If A, B, and C, failed to carry out the plan, are they liable for a crime?
No. There is no crime punishing consipracy to commit murder. Only conspiracy to commit treason, rebellion, or sedition will be punished.
What are the requisites of conspiracy?
- That two or more persons came to an agreement
- That the agreement concerned the commission of a felony; and
- That the execution of a felony be decided upon
If a document is found in the drawer of a police showing the proposal for a police to conspire against the government. Is the police liable?
No because there is no evidence that the police accepted or received the proposal.
Is direct proof necessary to establish conspiracy?
No
Is quantum of proof necessary to establish conspiracy?
Yes
What are the requisites of proposal?
- That a person has decided to commit a felony; and
- That a person proposes its execution to some other person or persons
What is the difference between proposal and conspiracy
In proposal, what is important is the making of the proposal. It does not matter that the proposal be accepted by whom the proposal is made. If the proposal is accepted, it may be conspiracy to commit treason, rebellion or sedition because there would be an agreement and a decision to commit it.
What kind of crimes in which conspiracy and proposal are punishable?
Those that are against the security of the State or economic security
What are grave felonies?
- attaches capital punishment
- afflictive in any of their periods
- fine more than 1.2M
What are afflictive penalties?
- reclusion perpetua (20 years and 1 day -40 years)
- reclusion temporal (12 years and 1 day -20 years)
- perpetual/ temporary ABSOLUTE disqualification
- perpetual/ temporary SPECIAL disqualification
- prision mayor (6 years and 1 day -12 years)
What are less grave felonies?
penalties which in their maximum period are correctional
what are correctional penalties?
- prision correcional (6 months and 1 day - 6 years)
- arresto mayor (1 - 6 months)
- suspension (6 months and 1 day - 6 years)
- destierro (6 months and 1 day - 6 years)
- fines from 40k - 1.2M
What are light felonies?
- arresto menor (1 day to 30 days)
- fine not more than 40k
Why is it important to classify the penalties?
- to determine if the felony can be complexed or not
- to determine the prescription of the crime and penalty
- to determine the duration of the subsidiary penalty
Art 10:
Offenses not subject to the provisions of this Code – Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.
Are offenses punishable by special laws subject to RPC?
- Offenses under special laws are not subject to the provisions of RPC.
- RPC is only supplementary to such laws.
What is the meaning of “special laws”?
penal laws which punishes acts not defined and penalized by the RPC; statutes which are enacted by the Legislative branch which is not an amendment to RPC.
Is RPC suppletory when penalties under special laws are different from RPC?
NO. When the penalties under special laws are different from and are without reference or relations to those under RPC, there can be no suppletory effect, for the application of penalties under the said Code or by other relevant statutory provisions are based on or applicable only to said rules for felonies under the Code.
Are offenses under special laws subject to provisions of attempted and frustrated crimes?
NO, jurisprudence states that “attemoted or frustrated stage of the execution of an offense penalized by a special law is not punishable ,unless the special law provides a penalty therefor.”
Is punishing an accomplice under a special law which does not punish a mere accomplice applicable with art. 10?
NO, it would be a legal impossibility to determine what penalty is to be imposed upon a mere accomplice. The combined provisions od both RPC and NIRV do not provide any such penalty or at least lay down the basis or the manner of its determination.
Does special laws have to fix penalties for attempted and frustrated crime?
YES, the special law does not provide for a penalty one or two degrees lower than that provided for the consummated stage.The special law has to fix the penalty for the attempt and a penalty for the frustration of the crime defined by it, in order that the crime may be punished in case and its commission reached only the attempted or frustrated stage of execution.
Are mitigating or aggravating circumstances applicable to offenses punishable by special laws?
NO, it has been held that provisions of the RPC, relative to the application of the circumstances modifying the criminal liability of the accused are not applicable to special laws. Penalty prescribed by special law is usually indeterminate and does not contain three periods.
If the special law adopted penalties fromt he RPC, should the rules on graduating penalties by degrees or determining the proper period apply?
YES, where the special law adopted penalties from the RPC, the Indeterminate Sentence Law wil lapply just as it would in felonies.
What is the meaning of “supplementary”?
applying what is lacking; additional
When do you apply suppletory application of the RPC?
Only when the provisions of the special law are silent on a particular matter.
General provisions of the RPC which by their nature, are necessarily applicable, may be applied suppletorily.
What are the cases where the SC applied suppletorily the provisions of the RPC to offenses under special laws?
- Subsidiary penalty
- Civil liability
- Rules on service of sentence
- Definition on principals, accomplices, and accessories
- Principle of conspiracy
Are special laws that amend the RPC subject to its provisions?
YES from the nature of the penalty imposed which is in terms of the classification and duration of penalties that are prescribed in the RPC.
What are justifying circumstances?
Acts of such persons as justified. Such persons are not criminals, as there is no crime committed
What is the first paragraph of art 11?
SELF-DEFENSE; Anyone who acts in self defense of his person or rights
What are the elements of Self Defense?
- Unlawful agression,
- Reasonable Necessity of the means employed to prevent or repel it,
- Lack of sufficient provocation on the part of the person defending himself.
What are the rights included in Self Defense?
- Defense of person or body,
- Rights protected by law,
- Right to property acquired,
- Right to honor
Is Unlawful Agression an indispensable requisite?
Yes. It is a condition sine qua non. There can be no self defense, complete or incomplete, unless the victim has committed an unlawful agression against the person defending himself
