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Criminal Law 1 > Article 1-5 > Flashcards

Article 1-5 Flashcards

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1
Q

Define Criminal Law

A

A branch of municipal law which defines crimes, treats of their nature and provides for their punishment.

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2
Q

Three Characteristics of Criminal Law

A

General, Territorial and Prospective

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3
Q

Discuss ‘General’

A

the law is binding to all persons who reside in the Philippines

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4
Q

What are the 3 exceptions to the general application of Criminal Law

A

a) principles of public international law
b) treaties or treaty stipulations
c) laws of preferential application

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5
Q

Discuss ‘Territorial’

A

The law is binding to all crimes committed within the National Territory of the Philippines

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6
Q

Expound on ‘Territoriality’

A

Territoriality means that the penal laws of the country have force and effect only within its
territory. It cannot penalize crimes committed outside the same. This is subject to certain
exceptions brought about by international agreements and practice. The territory of the country is
not limited to the land where its sovereignty resides but includes also its maritime and interior
waters as well as its atmosphere.

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7
Q

What determines jurisdiction in a criminal case?

A
  1. Place where the crime was committed
  2. The nature of the crime committed
  3. The person committing the crime
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8
Q

Discuss ‘Prospective’

A

the law does not have any retroactive effect.

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9
Q

What is the Classical Theory of Criminal Law

A

Man is essentially a moral creature with an absolute free will to
choose between good and evil and therefore more stress is placed upon the result of
the felonious act than upon the criminal himself.

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10
Q

What is the Positivist Theory of Criminal Law

A

Man is subdued occasionally by a strange and morbid

phenomenon which conditions him to do wrong in spite of or contrary to his volition

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11
Q

Sources of Criminal Law

A
  1. The Revised Penal Code

2. Special Penal Laws – Acts enacted of the Philippine Legislature punishing offenses or omissions.

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12
Q

Article 1

A

This Code shall take effect on January 1, 1932.

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13
Q

Article 2

A

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
  5. Should commit any crimes against the national security and the law of nations
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14
Q

Rules as to crimes committed aboard foreign merchant vessels

A

French Rule & English Rule

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15
Q

Discuss the French Rule

A

Such crimes 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.

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16
Q

Discuss the English Rule

A

Such crimes are triable in that country, unless they merely affect
things within the vessel or they refer to the internal management thereof

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17
Q

Requirements of “an offense committed while on a Philippine Ship or Airship”

A
  1. Registered with the Philippine Bureau of Customs

2. Ship must be in the high seas or the airship must be in international airspace.

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18
Q

Ruling in the case of US v. Bull

A

A crime which occurred on board of a foreign vessel, which began when the ship
was in a foreign territory and continued when it entered into Philippine waters, is
considered a continuing crime. Hence within the jurisdiction of the local courts.

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19
Q

Two situations where the foreign country may not apply its criminal law even if a crime was
committed on board a vessel within its territorial waters and these are:

A

(1) When the crime is committed in a war vessel of a foreign country, because war vessels are part of the sovereignty of the country to whose naval force they belong;
(2) When the foreign country in whose territorial waters the crime was committed adopts the French Rule, which applies only to merchant vessels, except when the crime committed affects the national security or public order of such foreign country.

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20
Q

Article 3

A

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 results from imprudence, negligence, lack of
foresight, or lack of skill

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21
Q

What are ‘Acts’

A

An overt or external act

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22
Q

What is an ‘Omission’

A

Failure to perform a duty required by law.

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23
Q

Provide an example of an omission

A

failure to render assistance to anyone who is in danger of dying
or is in an uninhabited place or is wounded - abandonment.

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24
Q

What are felonies?

A

Acts and omissions punishable by the Revised Penal Code

25
Q

What is an offense?

A

crimes punished under special law

26
Q

What is a misdemeanor?

A

minor infraction of law, such as violation of ordinance

27
Q

What is a crime?

A

acts and omissions punishable by any law

28
Q

When is their deceit?

A

There is deceit when the act is performed with

deliberate intent.

29
Q

requisites and examples of deceit

A

a. freedom
b. intelligence
c. intent
Examples: murder, treason, and robbery.

30
Q

When is their fault?

A

There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill

31
Q

What is imprudence?

A

Deficiency of action; e.g. A was driving a truck along a road. He hit B because it was raining - reckless imprudence

32
Q

What is negligence?

A

deficiency of perception; failure to foresee impending danger,
usually involves lack of foresight

33
Q

Requisites of culpa or fault

A
  1. Freedom
  2. Intelligence
  3. Imprudence, negligence, lack of skill or foresight
  4. Lack of intent
34
Q

Intentional v Culpable felonies

A

Intentional
1. Act or omission is malicious
2. Offender has the intention to cause an
injury to another
3. Act performed or omission incurred with
deliberate intent

Culpable
1. Act or omission is not malicious
2. Offender has no intention to cause injury
3. Act or omission results from imprudence,
negligence, lack or foresight or lack of skill

35
Q

Criminal intent is not necessary in these cases:

A

(1) When the crime is the product of culpa or negligence, reckless imprudence, lack
of foresight or lack of skill;
(2) When the crime is a prohibited act under a special law or what is called malum
prohibitum.

36
Q

What is the distinction between ‘intent’ and ‘motive’

A

Intent is demonstrated by the use of a particular means to bring about a desired result – it is not a state of mind or a reason for committing a crime.

On the other hand, motive implies motion. It is the moving power which impels one to do an act. When there is motive in the commission of a crime, it always comes before the intent. But a crime may be committed without motive.

If the crime is intentional, it cannot be committed without intent. Intent is manifested by the instrument used by the offender. The specific criminal intent becomes material if the crime is to be distinguished from the attempted or frustrated stage

37
Q

What is a mistake of fact?

A

is a misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable.

38
Q

Requisites of mistake of fact

A
  1. that the act done would have been lawful had the facts been as the accused
    believed them to be;
  2. intention of the accused is lawful;
  3. mistake must be without fault of carelessness.
39
Q

Discuss the case of United States v. Ah Chiong how was a mistake of fact evident?

A

Ah Chong being afraid of bad elements, locked himself in his room by
placing a chair against the door. After having gone to bed, he was awakened by
somebody who was trying to open the door. He asked the identity of the person,
but he did not receive a response. Fearing that this intruder was a robber, he
leaped out of bed and said that he will kill the intruder should he attempt to enter.
At that moment, the chair struck him. Believing that he was attacked, he seized
a knife and fatally wounded the intruder.

40
Q

Article 4

A

Criminal liability.– Criminal liability shall be incurred:
1. By any person committing a felony, 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.

41
Q

Provide the two elements that must be present in the first paragraph of Article 4

A
  1. A felony committed; and

2. The felony committed resulted in the commission of another felony.

42
Q

What is the Doctrine of Proximate cause?

A

such adequate and efficient cause as, in the natural order of events, and under the particular circumstances surrounding the case, which would necessarily produce the event.

43
Q

Requisites of the doctrine of proximate cause

A

a. the direct, natural, and logical cause
b. produces the injury or damage
c. unbroken by any sufficient intervening cause
d. without which the result would not have occurred

44
Q

Proximate cause is negated by?

A

a. Active force, distinct act, or fact absolutely foreign from the felonious act of
the accused, which serves as a sufficient intervening cause.
b. Resulting injury or damage is due to the intentional act of the victim.

45
Q

Requisite for Presumption that the blow was cause of the death

A

Where there has
been an injury inflicted sufficient to produce death followed by the demise of the
person, the presumption arises that the injury was the cause of the death. Provided:
a. victim was in normal health
b. death ensued within a reasonable time

46
Q

Causes which produce a different result:

A

a. Mistake in identity of the victim – injuring one person who is mistaken for
another e.g., A intended to shoot B, but he instead shot C because he (A)
mistook C for B.
b. Mistake in blow – hitting somebody other than the target due to lack of skill or
fortuitous instances (this is a complex crime under Art. 48) e.g., B and C were
walking together. A wanted to shoot B, but he instead injured C.
c. Injurious result is greater than that intended – causing injury graver than
intended or expected (this is a mitigating circumstance due to lack of intent to
commit so grave a wrong under Art. 13) e.g., A wanted to injure B. However, B
died.

47
Q

Requisites of Paragraph two of Article 4

A

Requisites:
a. Act would have been an offense against persons or property
b. Act is not an actual violation of another provision of the Code or of a special
penal law
c. There was criminal intent
d. Accomplishment was inherently impossible; or inadequate or ineffectual means
were employed

48
Q

Felonies against persons

A

parricide, murder, homicide, infanticide, physical injuries,

etc.

49
Q

Felonies against property

A

robbery, theft, usurpation, swindling,

50
Q

Example of Inherent impossibility

A

A thought that B was just sleeping. B was already dead. A

shot B. A is liable. If A knew that B is dead and he still shot him, then A is not liable

51
Q

What is an inherent impossibility?

A

this means that under any and all circumstances, the crime could not have materialized. If the crime could have materialized under a different set of facts, employing the same mean or the same act, it is not an impossible crime; it would be an attempted felony.

52
Q

When does legal impossibilty occur?

A

occurs where the intended act, even if completed, would

not amount into a crime.

53
Q

When does Factual impossibility occur?

A

occurs when an extraneous circumstances is unknown to

the actor or beyond his control to prevent the consummation of the intended crime.

54
Q

Example of employment of inadequate means

A

A used poison to kill B. However, B survived because A used small quantities of poison - frustrated murder.

55
Q

Example of Ineffectual means

A

A aimed his gun at B. When he fired the gun, no bullet came out
because the gun was empty. A is liable

56
Q

Article 5

A

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 subject of 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.

57
Q

When there is an absence of a law to punish an act or omission seemingly felonious, can said act be punished?

A

NO CRIME UNLESS THERE IS A LAW PUNISHING IT

58
Q

Two situations covered by Article 5

A

(1) The court cannot convict the accused because the acts do not constitute a crime. The proper judgment is acquittal, but the court is mandated to report to the Chief Executive that said act be made subject of penal legislation and why.
(2) Where the court finds the penalty prescribed for the crime too harsh considering the conditions surrounding the commission of the crime, the judge should impose the law (Dura lex sed lex). The most that he could do is to recommend to the Chief Executive to grant executive clemency

Criminal Law 1 (2 decks)

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