Fundamental and General Principles Flashcards
the branch of public substantive law which defines crimes, treats of their nature, and provides for their punishment
criminal law
define criminal law
That branch of public substantive law which defines crimes, treats of their nature, and provides for their punishment
an act committed or omitted in violation of a public law forbidding or commanding it.
It a generic term used to refer to a wrongdoing punished by either the RPC or a special law. [Ortega]
crime
define crime
an act committed or omitted in violation of a public law forbidding or commanding it
what are felonies
crimes punished by the RPX
what are offenses
crimes punished under special law
what is the difference bet felonies and offenses?
Felonies are crimes punished under the RPC, while offenses are crimes punished under the special law.
Does the Philippine have common law crimes?
NO.
There is no crime when there is no law punishing the same.
nullum crimen nulla poena sine lege
what are the sources of criminal law?
- the Revised Penal Code
- Special Penal Laws
- Penal Presidential Decrees issued during Martial Law
What is Act NO. 3815?
The Revised Penal Code
January 1, 1932
Differentiate mala in se and mala prohibita as to their nature
mala in se - A crime or an act that is inherently immoral, such as murder, arson or rape.
mala prohibita - An act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral.
can good faith be use as defense in crimes that are mala in se
yes, good faith is a valid defense unless the crime is the result of culpa
is good faith a defense in crimes that are mala prohibita?
no, the act alone irrespective of the intent consititutes the offense
what is the difference between mala in se and mala prohibita as to criminal intent as an element?
mala in se - Criminal intent is an element.
mala prohibita - Criminal intent is immaterial, BUT still requires intelligence & voluntariness
Is degree of accomplisment taken into account in mala prohibita crimes?
NO.
The act gives rise to a crime only when consummated.
In mala in se crimes - degree of accomplishment is taken into account for the punishment.
Are mitigating and aggravating circumstances taken into account for the punishment of mala prohibita crimes?
NO.
Taken into account only in mala in se crimes.
What is the difference bet. mala in se and mala prohibita crimes as to the degree of participation of the offender?
In Mala in Se - When there is more than one offender, the degree of participation of each in commission is taken into account.
In Mala Prohibita- Degree of participation is generally not taken into account. All of who participated in the act are punished to the same extent
What are the three stages of execution in mala in se crimes?
attempted, frustrated, & consumated
Are there stages of execution in mala prohibita crimes?
NO.
Which persons are criminally liable in mala in se crimes?
The principal, accomplice, & accessory
Penalty is computed on the basis of whether he is a principal offender or merely and accomplice or accessory
Which persons are criminally liable in mala prohibita crimes?
Generally, only the principal is liable.
Penalty of offenders is same whether they acted as mere accomplices or accessories
Is there division of penalties in mala prohibita crimes?
NO
Penalties may be divided into degrees and periods only in mala in se crimes
Is dolo required in crimes mala prohibita?
NO
the act alone irrespective of the intent constitutes the offense
Good faith and absence of criminal intent are not valide defenses in crimes mala prohibita.
What is the general rule as to the suppletory application of RPC to Special Laws?
General Rule: RPC provisions supplement the provisions of Special laws (RPC art 10)
The Revised Penal Code supplies what is lacking in special laws.
What are the exceptions to the suppletory application of the RPC to special laws?
-when special law provides otherwise
-when the provisions of the
Code are impossible of application, either by express provision of by necessary implication, as in those instances where the provisions in question are peculiar to the Code
Can the provisions of the RPC on penalties be applied to offenses punishable under special laws?
NO.
Special Laws do not provide a scale of penalties where a given penalty can be lowered by one or two degrees.
Fill in the blanks:
In constructing penal laws
Strict construction against the ________ and liberally in favor of the ___________
State; accused
Explain the Pro Reo Doctrine
Whenever a penal law is to be construed or applied and the law admits of two interpretations - one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted.
Explain the Equipoise Rule
When the evidence of the prosecution and the defense are equally balanced, the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence
Applicability and Effectivity of the Penal Code (enum)
general, territorial, prospective
What is the general rule on the General Applicability and Effectivity of the Penal Code (Generality)?
Penal laws are obligatory on all persons who live or sojourn in Philippine territory, regardless of nationality, gender, or other personal circumstances, subject to the principles of public international law and to treaty stipulations. [Art. 14, NCC]
What are the exceptions to the generality principle of applicability?
- treaty stipulations
- warship rule
- principles of public international law
__________ is an agreement between the Philippines and the US Government regarding the treatment of US Armed Forces visiting the Philippines.
Visiting Forces Agreement
When was the Visiting Forces Agreement signed?
Feb. 10, 1998.
What is the rule on jurisdiction under the VFA with regards to crimes punishable under the Philippine laws, but not under US laws
Philippines has exclusive jurisdiction
What is the rule on jurisdiction under the VFA with regards to crimes punishable under the US laws, but not under Philippine laws
US has exclusive jurisdiction
What is the rule on jurisdiction under the VFA with regards to crimes punishable under both US and Philippine laws
There is concurrent jurisdiction, but the Philippines has the primary jurisdiction.
What is the rule on jurisdiction under the VFA with regards to crimes committed by a US personnel against the security and property of the US alone
US has exclusive jurisdiction
What is the general rule on instances whe the US request for waiver of jurisdiction? What are the exceptions?
Generally, the Philippines cannot refuse the request of the US for waiver of jurisdiction and has to approve the request.
Exception:
If the crime is of national improtance:
- Heinous crimes
- Child Abuse cases
- Dangerous Drugs cases
What is RA No. 75
An Act to penalize acts which would impair the proper observance by the republic and inhabitants of the Philippines of the immunities, right, and privileges of duly accredited and consular agents in the Philippines
What is the general rule in RA no. 75? What are the exceptions?
General Rule
The ff. persons are excemtp from arrest and imprisonment, and their properties are exempt from distraint, seizure, and attachment.
- ambassadors
- public ministers
- domestic servant of ambassadors or ministers
Exceptions:
- The person is a citizen or inhabitant of the Philippines
- The writ or process issued against him is founded upon a debt contracted before he entered upon such service or the domestic servant is not registered with the Department of Foreign Affairs.
Is RA 75 applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives?
NO
What is the warship rule?
A warship of another country, even though docked in the Philippines, is considered an extension of the territory of its respective country. This also applies to embassies.
Are warships or embassies in the Philippines, covered by the generality principle?
NO
In Article 31 of the Vienna Convention on Diplomatic Relations, which persons are exempt from the provisions of the RPC?
[SCAMMP]
- Sovereigns and other heads of state
- Charges d’ affaires.
- Ambassadors
- Ministers
- Minister resident
- Plenipotentiary
In Sec 249 of Wheaton, International law, are consuls, vice-consuls, and other commercial representatives of foreign nations possess the status of ambassadors and ministers?
NO. They do not possess their status and cannot claim the privileges and immunities accorded to ambassadors and ministers.
What is the general rule on the Territoriality Principle?
Penal laws of the country have force and effect only within its territory.
Is the Territory of the country limited ot land where its sovereignty resides?
NO. It also includes its maritime and interior waters as well as its atmosphere. (art 2)
What are the exceptions to the territoriality principle?
a. extraterritorial crimes
b. foreign warships
c. forging / counterfeiting of coins or currency notes in the Philippines
d. Introduction of forged / counterfeited obligations and securities into the Philippines
e. when public officers and employess commit an offense in teh exercise of their functions
f. commiting any of the crimes against national security and the law of nations defined in title one, book 2, rpc
Enumerate the crimes against national security.
- treason
- conspiracy and proposal to commit treason
- misprision of treason
- espionage
Also terrorism - RA 9372, Human Security Act of 2007 has exterritorial application
Enumerate the crimes against the law of nations
- inciting to war or giving motives for reprisals
- violation of neutrality
- correspondence with hostile country
- flight to enemy’s country
- Piracy in general and mutiny on the high seas or in Philippine waters
Note:
Crimes against Public Order (rebellion, coup d’etat, sedition) committed abroad is under the jurisdiction of the host country
What is the general rule of te Prospectivity Principle?
General Rule: Acts or omissions will only be subject to a penal law if they are committed AFTER a penal law has taken effect (art 21)
What is the exception to the the general rule of prospectivity?
Penal laws shall have retroactive effect in so far as they favour the person guilty of a felony (Art 22)
What are the exceptions to the retroactive effect of penal laws which favor the person guilty of a felony?
- The new law is expressly made in applicable to pending actions or existing cause of actions; or
- The offender is a habitual criminal. [Art. 22]
What are the kinds of repeal of penal law?
a. absolute / total repeal
b. partial / relative repeal
Differentiate an absolute / total repeal to a partial / relative repeal of penal law?
Absolute/Total Repeal - the crime punished under the repealed law has been decriminalized by the subsequent law
Partial/Relative Repeal - the crime punished under the repeales law continues to be a crime in spite of the repeal
What are the effects of an absolute/total repeal of a penal law?
Crime is obliterated - if the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable
- pending cases dismissed (habitual criminal or not)
- unserved penalties imposed are remitted
- release if servinf sentence - unless repealling law unaaplicable to those already serving
Note: Habitual criminals will continue serving their sentence
Effects of a Partial/Relative Repeal of a penal law?
- Repealing law applied if case is still pending and favorable to accused (habitual criminal or not) except if there is reservation in said law
- For offenders already serving sentence, the repealing law which is more lenient must be applied, except when there is reservation in said law that it does not apply to pending cases
What are the effects of amendment of penal law?
If the repeal makes the penalty lighter in the new law, the new law shall be applied, EXCEPT when the offender is a habitual delinquent or when the new law is made not applicable to pending action or existing causes of action.
If the new law imposes a heavier penalty, the law in force at the time of the commission of the offense
shall be applied.
If the fine is increased but the penalty of imprisonment is decreased, it is not ex post facto law and the penalty is retroactively applied. [Cruz]
Does the rule of prospectivity only apply to penal laws?
NO.
It also applies to judicial decisions, administrative rulings and circulars.
