MIDTERM Flashcards by rain tiglao

is the BRANCH OR DIVISION OF LAW which defines crimes, treats of their nature, and provides for their punishment.

Criminal Law

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When did the Revised Penal Code take effect?

January 1, 1932

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The objective of the punishment is two-fold:

absolute theory
relative theory

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is to inflict punishment as a form of RETRIBUTIVE JUSTICE.

absolute theory

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It is to DESTROY WRONG in its effort to annihilate right, to put an end to the criminal activity of the offender.

absolute theory

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purports to prevent the offender from further offending public right or to the RIGHT TO REPEL AN IMMINENT or actual aggression, exemplary or by way of example to others not to follow the path taken by the offender and ultimately for reformation or to place him under detention to teach him the obligations of a law-abiding citizen.

relative theory

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Limitations on the power of Congress to enact penal laws:

Must be general in application
Must not partake of the nature of an ex post facto law.
Must not partake of the nature of a bill of attainder.
Must not impose cruel and unusual punishment or excessive fines.

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which makes an ACTION DONE BEFORE THE PASSING OF THE LAW and which was innocent when done, criminal, and punishes such action

EX POST FACTO LAW

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which AGGRAVATES A CRIME or makes it greater than it was when committed

EX POST FACTO LAW

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which changes the punishment and inflicts a GREATER PUNISHMENT THAN THE LAW annexed to the crime when it was committed.

EX POST FACTO LAW

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is a legislative act which INFLICTS PUNISHMENT ON INDIVIDUALS or members of a particular group without a judicial trial.

BILL ATTAINDER

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CHARACTERISTICS OF CRIMINAL LAW:

(1) general
(2)territorial
(3) prospective.

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Criminal Law is binding on ALL PERSON WHO RESIDE or sojourn in Philippine territory.

General

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It is that the criminal law of the country GOVERNS ALL PERSON WITHIN THE COUNTRY regardless of their race, belief, sex, or creed

General

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Exceptions to general application of criminal law:

a) principles of public international law
b) treaties or treaty stipulations
c) laws of preferential application

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What article states that the provisions of this Code shall be enforced within the Philippine Archipelago, including its ATMOSPHER, INTERIOR WATERS and maritime zone, without reference to the person or persons who might violate any of its provisions.

Art. 2 of the Revised Penal Code

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What article provides that PENAL LAWS SHALL BE OBLIGATORY upon all who live or sojourn in Philippine territory.

Art. 14 of the Civil Code

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PRINCIPLES OF PUBLIC INTERNATIONAL LAW:

1) Sovereigns and other chiefs of state.
2) Ambassadors
3) Ministers’ plenipotentiary
4) Minister’s resident, and
5) Charges d’affaires.

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It means that the penal laws of the country have force and effect ONLY WITHIN ITS TERRITORY.

TERRITORIAL

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This is subject to certain exceptions brought about by INTERNATIONAL AGREEMENT AND PRACTICE

Terrestrial Jurisdiction

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It is the jurisdiction exercised OVER LAND

Terrestrial Jurisdiction

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It is the jurisdiction OVER MARITIME and interior waters.

Fluvial Jurisdiction

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It is the jurisdiction exercised OVER THE ATMOSPHERE.

Aerial Jurisdiction

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RULE AS TO CRIME COMMITED ABOARD FOREIGN MERCHANT VESSELS:

FRENCH RULE
ENGLISH RULE

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Such crimes are NOT TRIABLE IN THE COURTS of that country unless their commission affects the peace and security of the territory, or the safety of the state is endangered.

FRENCH RULE

Such crimes are TRIABLE IN THAT COUNTRY, unless they merely affect things within the vessel, or they refer to the internal management thereof

ENGLISH RULE

What rule is applicable in the Philippines

ENGLISH RULE

Requirements of "an offense committed while on a Philippine Ship or Airship:

1. Registered with the Philippine Bureau of Customs 2. Ship must be in the high seas, or the airship must be in international airspace.

THEORIES OF CRIMINAL LAW:

A.CLASSICAL THEORY B.POSITIVIST THEORY C.ECLECTIC THEORY OR MIXED THEORY

Man is essentially a moral creature with an ABSOLUTE FREE WILL to choose between good and evil and therefore more stress is placed upon the result of the felonious act than upon the criminal himself.

CLASSICAL THEORY

Man is subdued occasionally by a STRANGE AND MORBID PHENOMENON which conditions him to do wrong in spite of or contrary to his volition.

POSITIVIST THEORY

The purpose of the PENALTY IS REFORMATION

POSITIVIST THEORY

There is great respect for the human element because the offender is regarded as socially sick who NEEDS TREATMENT NOT PUNISHMENT.

POSITIVIST THEORY

The purpose of PENALTY IS RETRIBUTION

CLASSICAL THEORY

This COMBINES both positivist and classical thinking

ECLECTIC THEORY OR MIXED THEORY

Crimes that are ECONOMIC AND SOCIAL AND NATURE should be dealt with in a positivist manner; thus, the law is more compassionate.

ECLECTIC THEORY OR MIXED THEORY

Sources of Criminal Law:

1. The Revised Penal Code 2. Special Penal Laws

Acts enacted of the Philippine Legislature PUNISHING OFFENSES OR OMISSIONS

Special Penal Laws

The act cannot be criminal where the mind is not criminal

ACTUS NON FACIT REUM NIS MENS SIT REA

This is true to a felony characterized by (dolo), but NOT A FELONY RESULTING FROM CULPA.

ACTUS NON FACIT REUM NIS MENS SIT REA

Whenever a penal law is to be construed or applied and the law admits of TWO INTERPRETARION - ONE LENIENT TO THE OFFENDER and one strict to the offender-that interpretation which is lenient or favorable to the offender will be adopted.

DOCTRINE OF PRO REO

Those SO SERIOUS IN THEIR EFFECT on society as to call for almost unanimous condemnation of its members.

CRIMES MALA IN SE

Refers generally to felonies defined and PENALIZED BY THE REVISED PENAL CODE.

CRIMINAL INTENT NECESSARY

Those violations of MERE RULES OF CONVENIENCE designated to secure a more orderly regulation of the affairs of society.

CRIMES MALA PROHIBITA

Refers generally to acts MADE CRIMINAL BY SPECIAL LAWS

CRIMINAL INTENT IS NOT NECESSARILY

acts and omissions PUNISHABLE BY LAW

Felonies

an OVERT OR EXTERNAL act.

ACTS

FAILURE TO PERFORM a duty required by law

OMMISION

acts and omissions PUNISHABLE BY THE REVISED PENAL CODE.

FELONIES

crimes punished UNDER SPECIAL LAW

OFFENSE

MINOR INFRACTION of law, such as violation of ordinance.

MISDEMEANOR

acts and omissions PUNISHABLE BY ANY LAW

CRIME

What are two ways of committing felonies? How are felonies committed?

Felonies are committed by means of deceit (dolo) or by means of fault (culpa).

dolo MEANS

deceit

culpa MEANS

fault

When there is deceit?

There is decelt when the act is performed with deliberate intent.

REQUISITES OF INTENTIONAL FELONIES:

FREEDOM INTELLIGENCE INTENT

When there is fault?

There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill

REQUISITES OF CULPA:

FREEDOM INTELLIGENCE IMPRUDENT, NEGLIGENCE, OR LACK OF FOSESIGHT or LACK OF SKILLS

It is deficiency of ACTION

IMPRUDENCE

It is deficiency of PERCEPTION

NEGLIGENCE

is the DETERMINATION TO DO CERTAIN THING, an aim or purpose of the mind.

INTENT

is the MENTAL CAPACITY to tell right from wrong.

DISCERNMENT

It is implies motion. It is the MOVING POWER which impels one to do an act.

MOTIVE

is a MISAPPREHENSION OF FACT on the part of the person who caused injury to another. He is not criminally liable.

MISTAKE OF FACT

refers to CRIMINAL INTENT

Mens rea

Mens rea translation from Latin is?

guilty mind

The plural of mens rea is?

mentes reae

is the STATE OF MIND STATUTORILY REQUIRED in order to convict a particular defendant of a particular crime.

Mens rea

Factors affecting criminal liability:

1. ERROR IN PERSONAE 2. ABERRATIO ICTUS 3. PRATER INTENTIONEM

It is poor MISTAKE IN THE IDENTITY of the victim;

ERROR IN PERSONAE

ABSENCE of victim

ERROR IN PERSONAE

It is MISTAKE IN BLOW, that is, when the offender intending to do an injury to one person actually inflicts it on another

ABERRATIO ICTUS

PRESENCE of victim

ABERRATIO ICTUS

when the INJURIOUS RESULT IS GREATER THAN THAT INTENDED or the act exceeds the intent.

PRATER INTENTIONEM

Injuring one person who is MISTAKEN FOR ANOTHER

MISTAKE IN IDENTITY OF THE VICTIM

HITTING SOMEBODY OTHER THAN THE TARGET due to lack of skill or fortuitous instances

MISTAKE IN BLOW

Causing injury GRAVER THAN INTENDED or expected

INJURIOUS RESULT IS GREATER THAN THAT INTENDED

That cause, which in natural and CONTINUOUS SEQUENCE, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred

PROXIMATE CAUSE

an act which would be an OFFENSE AGAINST PERSON OR PROPERTY

IMPOSSIBLE CRIME

it is not for the inherent impossibility of its accomplishment or on account of the employment of INADEQUATE OR INEFFECTUAL MEANS

IMPOSSIBLE CRIME