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Crim Law > Article 1-8 > Flashcards

Article 1-8 Flashcards

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1
Q

```

What is a crime?

A

act committed or omitted in violation of the public law forbidding or compelling it.

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2
Q

Differences between a felony, an offense, and infraction of law?

A
  1. FELONY: an act or omission punished by the RPC (Art. 3).
  2. OFFENSE: an act or omission punished by SPL.
  3. INFRACTION OF THE LAW: an act or omission punished by the local ordinances as enacted by the local sanggunian.
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3
Q

Four Sources of Philippine Criminal Law

A
  1. Revised Penal Code
  2. Special Penal Laws
  3. Penal Executive Orders/Penal Presidential Decrees – if such power is delegated by Congress
  4. Judicial decisions
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4
Q

Four limitations on Congress’ power to enact penal laws?

A
  1. Penal laws enacted by Congress must be general in application.Otherwise, it will be violative of the equal protection clause of the Constitution.
  2. Penal laws enacted by Congress must not partake of the nature of ex-post facto law.
  3. Penal laws enacted by Congress must not partake of the nature of bill of attainder.
  4. Penal laws enacted by Congress cannot impose cruel or unusual punishment, or excessive fine.
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5
Q

Distinguish an ex post facto law and a bill of attainder?

A

An ex post facto law is a law which an act criminal although at the time it was committed, it was not yet so. Whereas a bill of attainder is a law which punishes the offender without giving him the opportunity to be heard, without giving him the opportunity to state his side of the story, without due process of law.

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6
Q

Characteristics of Philippine Criminal Law

A
  1. Generality
  2. Territoriality
  3. Prospectivity
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7
Q

Define generality?

A

Our penal laws shall be binding on all persons residing in the Philippines whether he is a Filipino citizen or a foreigner, regardless of race, creed, color, religion, or other personal circumstances.

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8
Q

Two exceptions to generality?

A

(1) GENERALLY ACCEPTED PRINCIPLES OF PUBLIC INTERNATIONAL LAW. e.g.,diplomatic immunity from suit.

(2) LAWS OF PREFERENTIAL APPLICATION. e.g., Art. 6 of the 1987 CONSTI, members of Congress cannot be prosecuted for libel, slander, defamation, for every speech or debate they made in the halls of Congress while Congress is in their regular or special session.

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9
Q

Define territoriality?

A

Our penal laws shall have force and effect within the Philippine archipelago including its atmosphere, interior waters, and maritime zone.

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10
Q

Provision in the Revised Penal Code that talks about territoriality?

A

Article 2 of the RPC

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11
Q

The following may be prosecuted in the Philippines despite being committed outside the Philippines

A
  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 presiding 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
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12
Q

Define prospectivity?

A

This characteristic provides that our penal laws shall only operate prospectively

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13
Q

Limitations to prospectivity?

A

ART. 22, RPC: Penal laws shall be given retroactive application if they favor the accused provided that the accused is not a habitual criminal

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14
Q

Three doctrines of Criminal Law

A

1.DOCTRINE OF PRO REO: penal laws shall always be applied liberally, interpreted liberally in favor of the accused and strictly against the state.
2. LENITY RULE: whenever a penal provision is susceptible of two interpretations, one is lenient to the accused and the other is strict to the accused, the lenient interpretation shall shall prevail.
3. EQUIPOSE RULE: whenever the evidence of the prosecution is equally balanced with the evidence of the defense, the scale of justice shall be tilted in favor of the accused.

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15
Q

T/F, in Paragraph 1 of Article II of the RPC, registration of a PH ship or airship is material?

A

TRUE. Ownership is immaterial. What matters is registration. So even if it is owned by foreigners, if it is licensed in the Philippines, it is a Philippine ship or airship

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16
Q

T/F, Paragraph 1 of Article II can only be invoked when the PH ship or airship is outside the territory of the PH but not yet in the territory of another country?

A

TRUE.

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17
Q

An exception to the invocation?

A

In case of Philippine warplanes and war vessels. If the crime is committed on board a Philippine warplane, Philippine vessel, wherever it may be, it is always the Philippines that has jurisdiction because said warplane and war vessel is considered as an extension of Philippine sovereignty.

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18
Q

T/F, as per paragraph 4 of Article II, If the criminal act done by them is in any way connected to the performance of their functions, they shall be prosecuted before the Philippine courts?

A

TRUE. If the crime has nothing to do with the performance of their functions, they can only be prosecuted before the courts of the said Country.

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19
Q

T/F, as per paragraph 5 of Article II, if the crime is against national security, he can be charged before the PH Courts?

A

TRUE.

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20
Q

T/F, as per paragraph 5 of Article II, if he commits any of the crimes against the law of nations: piracy, qualified piracy, mutiny, qualified mutiny, he shall be qualified before the Philippine courts.

A

TRUE

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21
Q

Two means of committing a felony?

A

Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa)

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22
Q

What are felonies, as per Article 3 of the RPC?

A

Acts and omissions punishable by law are felonies (delitos).

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23
Q

Distinguish dolo from culpa?

A

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

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24
Q

Two kinds of felonies, therefore?

A
  1. Intentional felonies
  2. Culpable felonies
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25
Q

Three elements of intentional felonies?

A

The elements are:
(1) Criminal intent on the part of the offender
(2) Freedom of action in doing the act
(3) Intelligence of the offender

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26
Q

Three elements of culpable felonies?

A

The elements are:
(1) Criminal negligence
(2) Freedom of action
(3) Intelligence of the offender

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27
Q

Define criminal intent?

A

Intent is the use of a particular means to achieve the desired result. It is an internal state of the mind, therefore it cannot be seen.

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28
Q

How can intent be established?

A

Generally, it is established by the overt acts performed by the offender in the commission of the crime, or by the means employed by him to consummate the crime.

29
Q

How can we establish intent to kill?

A

As per Rivera v. People:
1. Evidence of motive;
2. Nature and number of weapons used by the offender;
3. The nature and number and location of wounds inflicted on the victim;
4. Manner of committing the crime; and
5. The acts or statements made by the accused before, after, or during the commission of the crime

30
Q

Define motive?

A

Motive is the moving power which impels a person to do an act to achieve the desired result. Motive always comes ahead of intent, because motive is the moving factor in order to accomplish the intent of the offender.

31
Q

When is motive material in criminal liability?

A
  1. When the act of the offender would result to variant crimes
  2. When there is doubt on the identity of the offender
  3. When there is only circumstantial evidence to prove the commission of the crime—no eyewitness, no direct evidence
32
Q

Defense for criminal liability vis a vis intent:

A

A defense against criminal intent is mistake of fact. This refers to misapprehension of facts on the part of the person who caused injury to another

33
Q

Three elements of mistake of fact?

A
  1. That the act done would have been lawful and justifiable had the facts been as the accused believed them to be
  2. That the intention of the offender in performing the act must be lawful
  3. That mistake must be without fault, mistake, carelessness, negligence on the part of the offender.
34
Q

Crimes that do not need to prove intent:

A
  1. Culpable felonies: because what is present is negligence.
  2. Acts mala prohibita: does not require criminal intent. These are acts which are wrong because there is a law that defines and punishes the said act.
35
Q

Give three differences between acts malum in se vs. acts mala prohibita

A

In Acts malum in se:
1. Acts which are inherently evil or wrong. Wrong per se, wrong by their very nature
2. Good faith or lack of criminal intent is a valid defense
3. The stage in the commission of the crime whether the crime is in the attempted, frustrated, or consummated stage is considered by thecourt in imposing the said penalty.

36
Q

T/F, Acts malum in se are punished under the RPC whereas acts mala prohibita are punished under SPL

A

Not totally true. Under Art. 221, Technical Malversation of the RPC,this is considered as a felony under the RPC yet the Supreme Court said in the case of Isidoro v. People that it is malum prohibitum, not malum in se. Plunder is punished under R.A. 7080. Although it is punished by an SPL, Supreme Court said in the case of Estrada v. Sandiganbayan that it is malum in se

37
Q

Recite Article 4 of the RPC

A

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

38
Q

Define proximate cause doctrine:

A

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

That the felony is a direct, natural, and logical consequence of felonious act.

39
Q

Elements of proximate cause

A
  1. That the intended act is a felonious act;
  2. That the resulting act is a felony; and
  3. The resulting felony is the direct, natural and logical consequence of the felonious act of the offender
40
Q

Three kinds of felonies under paragraph 1 of Article 4

A
  1. Aberratio Ictus or mistake in the blow
  2. Error in personae or mistake in identity
  3. Praeter intentionem. The blow went beyond the intent.
41
Q

Define aberratio ictus.

A

Aberratio Ictus is a situation wherein the offender directed the blow at his intended victim but because of poor aim, the blow landed on another person. In this case, both the intended victim and actual victim are there at the scene of the crime.

42
Q

T/F, mistake in blow results into two crimes?

A

Generally true: (a) the crime against the intended victim; and (b) the crime against the actual victim.

43
Q

T/F. If these 2 crimes happen to be grave or less grave felonies, Art. 48 of the Revised Penal Code or complexity of crimes shall be applied

A

TRUE. Only one information shall be filed. However, if one is a light felony, it cannot be complex.

44
Q

Define error in personae

A

It is a situation wherein the offender directed the blow at a person whom he thought was the intended victim but the intended victim was not at the scene of the crime. He has mistaken the actual victim to the intended victim.

45
Q

Which provision of the RPC is where you can find the penalty for error in personae

A

Article 49 of the RPC.

46
Q

Define praeter intentionem?

A

It is a situation wherein the offender directed the blow at his intended victim and the intended victim actually received the blow, however, the injurious result is far greater than what could have been anticipated from the means employed by the offender.

47
Q

Two elements for praeter intentionem

A
  1. That a felony has been committed;
  2. That there is a notable disparity between the means employed by the offender and the resulting felony and out of the means employed, the resulting felony could not have been foreseen.
48
Q

Define impossible crime:

A

Criminal liability shall be incurred by any person performing an act which would have been a crime against persons or property where it not for its inherent impossibility or the employment of ineffectual inadequate means.

49
Q

Four elements of impossible crime?

A
  1. The act done would have amounted to a crime against persons or property;
  2. The act was done with evil intent;
  3. The act was not accomplished because of its inherent impossibility or the means employed are ineffectual or inadequate; and
  4. The act does not fall under any other provision of the RPC
50
Q

Recite Article 5 of the RPC

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.

The Court 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 legislation.

51
Q

What are consummated felonies?

A

A felony is consummated when all the elements necessary for its execution and accomplishment are present

52
Q

What are frustrated felonies?

A

A felony is frustrated when the offender 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.

53
Q

What are attempted felonies?

A

There is an attempt when 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 or accident other than this own spontaneous desistance.

54
Q

Three elements of attempted felonies?

A
  1. The offender commences the commission of a felony directly by overt acts;
  2. He was not able to perform all the acts of execution; and
  3. He was not able to perform all the acts of execution by reason of some cause or accident other than his own spontaneous desistance.
55
Q

Rule on this: X was on his way home. By chance, he saw Y sitting in front of a store. After Y attempted to molest X’s daughter, Y had been in hiding. X went home, took the gun he has been hiding, went to Y and pointed the gun at him. With intent to kill, he fired the gun. The gun jammed and the bullet did not come out. Y was able to leave unhurt. What crime if any has been committed b

A

X is liable of attempted homicide. His overt acts of pointing the gun with intent to kill and pressing the trigger are directly connected to killing. He was not able to perform all acts of execution because of an accident, the bullet did not come out of the gun.

56
Q

Rule on this: What if in the same problem, when X pointed the gun at Y with intent to kill, he pulled the trigger and no bullet came out. He pulled again a number of times but still no bullet would come out. When X looked, there was no bullet inside the gun. Is X liable of any crime?

A

X is liable for an impossible crime of homicide. A gun without a bullet under any circumstances would not fire and kill the intended victim. There is an inherent impossibility.

57
Q

Attempted felony vs. Impossible Crime

A

AF: The evil intent is possible of accomplishment. The crime was not accomplished by reason of some cause or accident other than the offender’s own spontaneous desistance

IC: The evil intent is not possible of accomplishment. The crime was not accomplished because of its inherent impossibility

58
Q

Two elements of frustrated felony?

A
  1. The offender performs all the acts of execution which would produce the felony; and
  2. The felony was not produced by reason of causes independent of the will of the perpetrator.
59
Q

Felonies which do not have a frustrated stage?

A
  1. Theft
  2. Rape
60
Q

T/F. If the wound inflicted is a non-fatal wound, it will not bring about death. Offender has not performed all acts of execution. He merely commences the commission of the crime.

A

TRUE.

61
Q

Material Crimes vs. Formal Crimes

A

If a crime admits of the stages of consummated, frustrated or attempted, or even consummated and attempted only, these are Material Crimes. But if the crimes do not admit of the stages, it is considered Formal Crimes.

62
Q

Recite Article 8

A

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

63
Q

General Rule of Article 8:

A

As a rule, conspiracy and proposal to commit a felony are not punishable acts. They are mere preparatory acts. In Article 6, to commit a crime, there must at least be the commencement of an overt act to amount at least an attempted felony. Here, there is no overt act yet. There is only a conspiracy, a proposal.

64
Q

Exceptions of Article 8’s General Rule

A

When the law specially provides a penalty for merely conspiring or proposing to commit a felony, they become crimes by themselves.

65
Q

Two concepts of conspiracy?

A
  1. Conspiracy as a crime by itself – when the law provides a penalty for merely conspiring.
  2. Conspiracy only as a means of committing the crime – when the law does not provide a penalty for merely conspiring. Conspiracy is only used as a means in order to consummate the crime.
66
Q

Two kinds of conspiracy?

A
  1. Direct or Express conspiracy - when the conspirators met, planned and agreed to commit a crime. It is a conspiracy based on a preconceived plan.
  2. Implied or inferred conspiracy – A conspiracy deduced from the mode and manner of committing the crime. The conspirators acted simultaneously in a synchronized and coordinated manner towards a common criminal objective/design.
67
Q

Two kinds of multiple conspiracy?

A
  1. Wheel or circle conspiracy - When a person or group of persons known as a hub, deals individually with another person or group of persons known as the spokes
  2. Chain conspiracy – a conspiracy generally present in regular business transactions that applies also in case of transactions involving contrabands. Here, there is that continuous communication and transaction between the manufacturer and the wholesaler, the wholesaler and the retailer, and the retailer and the consumer
68
Q

What is a habitual deliquent?

A

A person, if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, burglary, estafa, or falsification, he is found guilty of any said crimes a third time or oftener.

69
Q

Where can the provision on habitual delinquency be found?

A

Article 62 of the RPC

Crim Law (8 decks)

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