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