Articles 5, 6, 8 Flashcards
Article 5 Paragraph one of the RPC contemplates a trial of a criminal case requiring the following: (4)
- 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 ACQUITING THE ACCUSED
- The judge must then MAKE A REPORT to the Chief Executive (President) 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
Paragraph 1 of Article 5 of RPC is based on what legal maxim
nullum crimen, nulla poena sine lege - There is no crime if there is no law that punishes the act
Paragraph 2 of Article 5 of RPC requirements: (4)
- 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 (President) through the Secretary of Justice, RECOMMENDING EXECUTIVE CLEMENCY
English for Dura Lex Sed Lex
The remedy is elsewhere
Cite 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.
When does conspiracy exist?
Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it
Conspiracy to commit these crimes are penalized under the RPC. (3)
- Treason (Art. 115)
- Rebellion (Art.136)
- Sedition (Art.141)
General rule and exception for conspiracies and proposals to commit a felony
General rule: Conspiracy and proposal to commit felony are not punishable
Exception: They are punishable only in the cases in which the law specially provdes a penalty therefor.
Reason for the general rule on conspiracies and proposals to commit a felony
Conspiracy and proposal to commit a crime are only preparatory acts, and the law regards them as innocent or at least permissible except in rare and exceptional cases
Penalty for conspiracy to commit treason
prision mayor and fine not exceeding P2,000,000
Penalty for conspiracy to commit coup d’etat
prision mayor in its minimum period and fine not exceeding P1,000,000
Penalty for conspiracy to commit rebellion or insurrection
prision correccional in its maximum period and fine not exceeding P1,000,000
Penalty for conspiracy to commit sedition
prision mayor in its medium period and fine not exceeding P400,000
What happens to the conspiracy to commit the crime when the actual crime itself has been committed? Is it a separate offense in addition to the actual crime? (i.e., treason,sedition,rebellion)
The conspiracy is not a felony or a separate offense but only a manner of incurring criminal liability,that is , when there is conspiracy, the act of one is the act of all.
This is fundamental for conspiracy to exist
There must be unity of purpose and unit in the execution of the unlawful objective
When does conspiracy arise?
On the very instant the plotters agree, expressly or impliedly, to commit the felony and forthwith decide to pursue it.
Requisites for conspiracy: (3)
- That TWO OR MORE persons come to an agreement, expressly or impliedly
- That the agreement concerned the COMMISSION OF A FELONY
- That the EXECUTION of the felony BE DECIDED UPON
Is direct proof essential to establish conspiracy? and Why?
Direct proof is not essential to establish conspiracy, and may be inferred from the collective acts of the accused before, during and after the commission of the crime. This is because conspiracy can be presumed from and proven by acts of the accused themselves when the said acts point to a joint purpose and design, concerted action and community of interests.
Requisites of proposal: (2)
- That a person HAS DECIDED TO COMMIT A FELONY
- That he PROPOSES ITS EXECUTION to some other person or persons
Situations when there is no criminal proposal: (3)
- The person who proposes IS NOT DETERMINED TO COMMIT THE FELONY
- There is NO DECIDED, CONCRETE AND FORMAL PROPOSAL
- It is not the execution of a felony that is proposed
Once a proposal to commit rebellion has been committed, can the desistance of the one who proposed exempt him from criminal liability? Why?
No. Once the crime of proposal to commit rebellion has been consumated, the desistance of the proponent cannot legally exempt him from criminal liability.
Does the proposal to commit treason or rebellion need to be agreed by the one being proposed to in order for it to be consumated?
No. What constitutes felony of proposal to commit treason or rebelion is the making of the proposal. The law does not require that the proposal be accepted by the person whom the proposal is made. If accepted, it may be conspiracy instead.
This felony is a crime against the external security of the State
Treason
These felonies are crimes against the internal security of the State. (3)
- Coup d’etat
- Rebellion
- Sedition
This is a felony against economic security of the State
Monopoly
According to Art. 6 of the RPC, when is a felony consummated?
A felony is consummated when all the elements necessary for its execution and accomplishment are present
According to Art. 6 of the RPC, when is a felony frustrated?
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
According to Art. 6 of the RPC, when is there an attempt of a felony?
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 his own spontaneous desistance
Stages for the development of a crime (2)
- Internal Acts
- External acts
What are the internal acts in the development of a crime?
These are mere ideas in the mind of a person and such is not punishable even if, had they been carried out, they would constitute a crime
What do you mean by intention and effect must concur? With regards to committing a felony
Mere intention producing no effect is no more a crime than a mere effect without the intention is a crime
The (2) external acts in the development of a crime:
- Preparatory acts
- Acts of execution
General rule and exception for preparatory acts
General rule: Preparatory acts are not punishable
Exception: When the law provides for their punishment in certain felonies
Example stated in the book for a preparatory act which is considered in themselves, by law, as an independent crime is punishable
Possession of picklocks (Art.304)
The (3) stages of acts of execution which are all punishable:
- Attempted
- Frustrated
- Consummated
Elements of attempted felony: (4)
- The offender COMMENCES the commission of the felony directly by overt acts
- The offender DOES NOT PERFORM ALL the acts of execution which SHOULD PRODUCE the felony
- The offender’s act is NOT STOPPED by HIS OWN SPONTANEOUS DESISTANCE
- The non-performance of all acts of execution WAS DUE TO CAUSE OR ACCIDENT other than his spontaneous desistance
(2) Requisites in commission of a felony deemed commenced directly by overt acts
- That there be EXTERNAL ACTS
- Such external acts have DIRECT CONNECTION with the crime INTENDED TO BE COMMITTED
What is an overt act?
An overt act is some PHYSICAL ACTIVITY OR DEED, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will LOGICALLY and NECESSARILY ripen into a concrete offense.
Can an overt act be not be by physical activity? If so, give an example
Yes. It may not be by physical activity. An example would be the crime of corruption or bribery
What is an indeterminate offense?
It is one where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is ambiguous
How is the intention of the accused ascertained?
The intention of the accused must be ascertained from the nature of the acts executed and not from the admission of the accused
What do you mean by directly by overt acts?
The law requires that “the offender commences the commission of the felony directly by overt acts.”
Only offenders who personally execute the commission of a crime can be guilty of attempted felony.
When does one’s spontaneous desistance exempt one from criminal liability?
The desistance which exempts from criminal liability has reference to the crime intended to be commited, and has no reference to the crime actually committed by the offender before his desistance. Meaning, one can be exempted from criminal liability by their own spontaneous desistance before the actual commission of a felony and not when the felony has already been committed.
Does the offender pass the subjective phase of the offense in an attempted felony?
The offender never passes the subjective phase of the offense in an attempted felony
Define subjecive phase of the offense
That portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts, including their natural course.
The stage that comes after the subjective phase where the offender has no control thereof
Objective phase of the crime
Elements of a frustrated felony: (4)
- The offender PERFORMS ALL THE ACTS OF EXECUTION
- All the acts performed WOULD PRODUCE THE FELONY AS A CONSEQUENCE
- But the FELONY IS NOT PRODUCED
- By reason of causes INDEPENDENT OF THE WILL OF THE PERPETRATOR
Distinguish attempted felony from frustrated felony
In frustrated felony, all the acts of execution has been performed till the very last act while in attempted felony, the offender does not perform all the acts of execution. The offender does not perform the last act necessary to produce the crime but merely commences the commission of a felony directly by overt acts.
What kinds of wound produces or distinguishes attempted felony and frustrated felony?
It is frustrated felony when the wound inflicted is mortal or as logical consequence, death would have ensued. It is attempted felony if no wound is inflicted or the would inflicted is not mortal
What offense is instead committed when the perpetrator himself prevents the consummation of a felony?
The offense of physical injuries is committed because the 4th element of a frustrated felony is not present as the cause is not independent of the will of the perpetrator and it is also not attempted felony as all the acts of the execution had already been performed
What is committed when there is frustration of the felony due to inadequate or ineffectual means?
Impossible attempt
Enumerate distinguishments between frustrated felony and attempted felony: (2)
- In both, the offender has not accomplished his criminal purpose
- While in frustated felony, the offender has performed all the acts of execution which would produce the felony as a consequence, in attempted felony, the offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of execution
In frustrated felony, what phase has been reached? Additionally, in attempted felony, what phase was not passed?
In frustrated felony, the offender reached the objective phase, in attempted felony, the subjective phase was not passed
Enumerate distinguishments between attempted or frustrated felony and impossible crime: (3)
- In attempted or frustrated felony and impossible crime, the evil intent of the offender is not accomplished
- But while in impossible crime, the evil intent of the offender cannot be accomplished, in attempted or frustrated felony the evil intent of the offender is possible of accomplishment
- In impossible crime, the evil intent of the offender cannot be accomplished because it is inherently impossible of accomplishment or because the means employed by the offender is inadequate or ineffectual; in attempted or frustrated felony, what prevent its accomplishment is the intervention of certain cause or accident in which the offender had no part
(3) Reasons which would show that not all the elements of a felony are proved
- The felony is not shown to have been consummated
- The felony is not shown to have been committed
- Another felony is shown to have been committed
When can we hold the offender liable for a felony?
ALL THE ELEMENTS of THAT felony for which the accused is prosecuted MUST BE PRESENT in order to hold such offender liable therefor in its consummated stage
(3) Considerations in determining whether the crime is either only attempted, or frustrated, or consummated
- The NATURE of the offense
- The ELEMENTS constituting the felony
- The MANNER of committing the same
Why is there no crime of frustrated theft? (pp.123-124)
There is no crime of frustrated theft as unlawful taking, or apoderamiento, is deemed complete from the moment the offender gains possession of the thing, even if he has no opportunity to dispose of the same. Unlawful taking, which is the deprivation of one’s personal property, is the element which produces the felony in its consummated stage. At the same time, without unlawful taking as an act of execution, the offense could only be attempted theft. As a result, Theft can only be attempted or consummated
When does inflicting physical injuries become an attempted parricide/homicide?
When element to kill is present
Manners of commiting crimes (5)
- Formal crimes
- Crimes consummated by mere attempt or proposal or by overt act
- Felony by omission
- Crimes requiring the intervention of two persons to commit them are consummated by mere agreement
- Material crimes
What are formal crimes?
These are crimes consummated in one instant, no attempt
Examples of formal crimes (2)
- Slander
- False Testimony
General rule on attempt at a formal crime
No attempt at a formal crime because between the thought and the deed there is no chain of acts that can be severed in any link
Examples of crimes consummated by mere attempt or proposal or by overt act (2)
- Flight to enemy’s country
- Corruption of minors
Is there an attempted stage when felony is by omission? Why?
There is no attmpted stage when felony is by omission because the offender does not execute acts but omits to perform said act which the law requires him to do
Examples of crimes requiring the intervention of two persons to commit them are consummated by mere agreement (2)
- Betting in sport contests
- Corruption of public officer
What are material crimes?
These are the crimes that have three stages of execution
When is there a consummated crime of rape?
When there is entry to the labia or lips of the female organ regardless of with/without rupture of the hymen or laceration of the vagina (People v Hernandez, 49 Phil. 980, 982)
Why is there no attempted or frustrated impossible crime?
This is because in impossible crime, the offender has performed all the acts of execution, meaning there could be no attempted impossible crime.
For frustrated impossible crime, because the acts performed by the offender are considered as constituting a consummated offense
