From the book Flashcards
Generic term used to refer to a wrongdoing punished either under the Revised Penal code or under a special law.
Crime
Felonies committed with deliberate intent
Dolo
Those committed by means of fault
Culpa
Classification of crimes as to stage of execution
Attempted
Frustrated
Consummated
Classification of crimes as to gravity
Grave felonies
Less grave felonies
Light felonies
Classification of crimes as to count
Composite or specific complex
Complex under Art 48
Continuing
Formal felonies - those which are always consummated
Physical injuries
Those which have various stages of execution
Material felonies
Those which do not admit of the frustrated stage
Rape and theft
Violations of the RPC, that the act is inherently evil or bad or per se wrong
Malum in se
Violations of special laws
Malum prohibitum
A crime under the RPC is referred to as
Felony
A crime punished under special law
Statutory offense
A minor infraction of the law, such as a violation of an ordinance, is referred to as …
Misdemeanor
Scope of application of RPC
Intraterritorial
Extraterritorial
Application of RPC within Philippine territory (12 nautical mile - limit)
Intraterritorial
Application of RPC outside Philippine territory
Extraterritorial
The rule on foreign merchant vessels in possession of dangerous drugs
In transit
Not in transit
Possession of dangerous drugs is not punishable, but the use of the same is punishable.
In transit
Napadaan lang
Mere possession of dangerous drugs is punishable
Not in transit
As a general rule. the Revised Penal Code governs only when the crime committed pertains to the exercise of the public officials‘ functions. those having to do with the discharge of their duties in a foreign country. The functions contemplated are those which are, under the law, to be performed by the public officer in the Foreign Service of the Philippine government in a foreign country.
Note:This rule is not absolute. The Revised Penal Code governs if the crime was committed within the Philippine Embassy or within the embassy grounds in a foreign country. This is because embassy grounds are considered an extension of Philippine sovereignty
A Philippine consulate official who is validly married here in the Philippines and who marries again in a foreign country cannot be prosecuted here for _____ because this is a crime not connected with his official duties. However, if the second marriage was celebrated within the Philippine embassy, he may be prosecuted here. since it is as if he contracted the marriage here in the Philippines.
bigamy
The principles of public international law.
a. Sovereigns and other chiefs of states. b. Ambassadors, ministers, ministers plenipotentiary, ministers resident, and charges d’ affaires.
Note: ______________ are not diplomatic officers. Consuls are subject to the penal laws of the country where they are assigned.
Consuls, vice—consuls, and other commercial representatives of foreign nation
What is the exception to the prospective application of penal laws?
Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused.
Note: The retroactive effect shall benefit the accused even if at the time of the publication of the law. a final judgment had been pronounced and the convict is serving sentence.
True or false
Partly True
What is the exception to the exception? The new law cannot be given retroactive effect:
- Where the new law is expressly made in applicable to pending actions or existing causes of actions.
- Where the offender is a habitual criminal.
Requisites of dolo
Criminal intent
Freedom of action
Intelligence
Requisites of culpa
Criminal negligence
- lack of foresight
Imprudence
LAck of skill
Freedom of action
Intelligence
Crimes cannot be committed through culpa
Murder
Treason
Robbery
Malicious mischief
Disputably presumed from the performance of an unlawful act
Criminal intent
Categories of intent in criminal law
General criminal intent
Specific criminal intent
is presumed from the mere doing of a wrong act. This does not require proof. The burden is upon the wrongdoer to prove that he acted without such criminal intent. Note: In felonies by means of deceit, the third element of voluntariness is a general intent.
General criminal intent
is not presumed because it is an ingredient or element of a crime, like intent to kill in the crimes of attempted or frustrated homicide/parricide/murder. The prosecution has the burden of proving the same.
Note: In some particular felonies. proof of specific intent is required to produce the crime such as in frustrated and, attempted homicide.
Specific criminal intent
Referees to the use of a particular means to achieve the desired result
Intent
Moving power which compels a person to act for a definite result
Motive
The _____ becomes material of the crime is to be distinguished from the attempted or frustrated
Specific criminal intent
Honest mistake of fact
Mistake of fact
Requisites of mistake of fact as a defense:
- that the act done would have been lawful had the facts been as the accused believed them to be:
- intention of the accused is lawful;
- mistake must be without fault or carelessness on the part of the accused.
Example: United States v. Ah Chong. 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. Mistake of fact would be relevant only when the felony would have been intentional or through dolo, but not when the felony is a result of culpa. When the felony is a product of culpa, do not discuss mistake of fact.
Acquitted of murder
What are the factors that affect intent?
- Mistake of fact— that which had the facts been true to the belief of the offender, his act can be justified. It is such a mistake that will negate criminal liability because of the absence of the element of intent.
Note: Mistake refers to the situation itself, not the identity of the persons involved. Mistake of fact is only a defense in intentional felony but never in culpable felony.
Aberratio ictus - mistake in the blow
Error in personae — mistake in the identity
Praeter intentionem - where the consequence exceeded the intention
Proximate cause — the cause of the cause is the cause of the evil caused
