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Law 109 : Criminal Law 1 > Module 2 > Flashcards

Module 2 Flashcards

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1
Q

What are the characteristics of criminal law?

A

Generality, Territoriality, Prospective Application, Legality, In Dubio Pro Reo (Lenity)

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2
Q

Define Generality

A

The criminal/penal laws of the country governs all persons within the country, regardless of their race, belief, sex, or creed.

Refers to persons who may be made liable under the Code.

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3
Q

What are the provisions under the principle of generality?

A
  • ## Article VI, Section 1, 1987 Constitution (On legislative power)
  • ## Article 14, New Civil Code (Penal laws obligatory on all who live or sojourn)
  • Article V, Visiting Forces Agreement (Agreement between PH and US Gov’t on jurisdiction of US Personnel with respect to offenses committed within the PH and punishable either under PH or US laws)
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4
Q

Art. VI, Sec. 1 of the 1987 Constitution

A

GENERALITY

Article VI, Section 1, 1987 Constitution. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

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5
Q

Article 14, New Civil Code

A

GENERALITY

Article 14, NCC. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.

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6
Q

Article V, Visiting Forces Agreement

A

GENERALITY and TERRITORIALITY

Main points:
- PH authority jurisdiction over US personnel, offenses within PH, punishable by PH laws
- US military authority right to exercise criminal and disciplinary jurisdiction conferred by military law of US over US personnel, within the PH
- PH authority exclusive jurisdiction over US personnel, offenses relating to nat’l security, punishable by PH Laws not US
- US authority exclusive jurisdiction over US personnel, ofeenses relating to nat’l security, punishable by US laws not PH.
- Offenses related to nat’l secutiry: treason, espionage/sabotage/violation of law relating to nat’l defense

Concurrent jurisdiction:
- GR: PH has primary right to exercise jurisdiction except as those specified under the Article
- XPN: offenses against US, felony in performance of duty.
- May request other authority to waive right

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7
Q

Cases under Generality

A
  • US v. Sweet
  • Liang v. People
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8
Q

US v. SWEET

A

Key: prisoner of war, military character no exemption from ordinary jurisdiction

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9
Q

LIANG v. PEOPLE

A

Key: oral defamation, no immunity for defamation

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10
Q

Define Territoriality

A

Penal laws of the country only have the force and effect within its territory; are enforceable only within its territory.

When the law will take effect.

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11
Q

What are the provisions under the principle of territoriality?

A
  • ## Article. 2, Revised Penal Code (Application of Its Provisions)
  • ## Article 1. 1987 Constitution (On National Territory)
  • Article V, Visiting Forces Agreement
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12
Q

Article 2, Revised Penal Code

A

TERRITORIALITY

Article 2, RPC. Application of Its Provisions. — Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:

  1. Should commit an offense while on a Philippine ship or airship;
  2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;
  3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number;
  4. While being public officers or employees, should commit an offense in the exercise of their functions; or
  5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
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13
Q

Article 1, 1987 Constitution

A

TERRITORIALITY

Article 1, 1987 Constitution. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

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14
Q

Cases under territoriality?

A
  • US v. Ah Sing
  • Miquiabas v. Commanding General
  • AAA v. BBB

Continuing Crime
* Evangelista v. People

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15
Q

Define Continuing Crime (Territoriality)

A

A single crime consisting of a series of acts but all arising from one criminal resolution.

In the context of territoriality, the different or series of acts (or omission) that constitute the crime is done in one place, while the other act/s are done in another.

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16
Q

US v. AH SING

A

Key: fireman 8 cans of opium, violation within jurisdiction of PH may be tried

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17
Q

MIQUIABAS v. COMMANDING GENERAL

A

Key: disposing army belongings, court martial no jurisdiction

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18
Q

AAA v. BBB

A

Key: marital infidelity in Singapore; continuing crime, ph courts have jurisdiction

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19
Q

EVANGELISTA v. PEOPLE

A

Key: firearms in NAIA, ph courts have jurisdiction

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20
Q

Define Prospective Application

A

Penal laws can only punish an act committed after its effectivity and cannot penalize acts that were not punishable (deemed innocent) at the time of its commission.

No retroactive effect may be given.

21
Q

What are the provisions under the principle of prospective application?

A
  • ## Article 21, Revised Penal Code. (Penalties that may be imposed)
  • ## Article 22, Revised Penal Code. (Retroactive Effect of Penal Laws)
  • Article 4, New Civil Code. (No retroactive effect; unless provided)
22
Q

Article 21, Revised Penal Code

A

PROSPECTIVE APPLICATION and LEGALITY (Nullum Crimen Sine Lege)

Article 21, RPC. Penalties that May Be Imposed. — No felony shall be punishable by any penalty not prescribed by law prior to its commission.

23
Q

Article 22, Revised Penal Code

A

PROSPECTIVE APPLICATION

Article 22, RPC. Retroactive Effect of Penal Laws. — Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5 of article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

24
Q

Article 4, New Civil Code

A

PROSPECTIVE APPLICATION

Article 4, NCC. Laws shall have no retroactive effect, unless the contrary is provided.

25
Q

What are the cases under Prospective Application?

A
  • Gumabon v. Director of Prisons
  • Ortega v. People
  • People v. Gonzales
26
Q

GUMABON v. DIRECTOR OF PRISONS

A

Key: complex rebellion, NCC and RPC allows retroactive effect if favorable to accused; writ of habeas corpus proper remedy to give retroactive effect

27
Q

ORTEGA v. PEOPLE

A

Key: rape by minor, JJWA applies favorable to accused

28
Q

PEOPLE v. GONZALES

A

Key: possession of marijuana heavier penalty, no retroactive effect if not favorable to accused

29
Q

Define Legality

A

For any humanconduct to be considered as a criminal act, there must be a specific statute or law declaring such conduct as a crime and providing for a penalty.

30
Q

What are the provisions under the principle of legality?

A
  • ## Article 5, Revised Penal Code (Duty of the Court in connection with acts which should be reperssed but are not covered by law; excessive penalties)NULLUM CRIMEN SINE LEGE
  • Article 3, Revised Penal Code (Felony definition)
  • Article 21, Revised Penal Code (Penalties that may be imposed)
31
Q

Article 5, Revised Penal Code

A

LEGALITY

Article 5, RPC. Duty of the Court in Connection with Acts Which Should Be Repressed but Which are Not Covered by the Law, and in Cases of Excessive Penalties. — Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation.

In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

32
Q

Article 3, Revised Penal Code

A

LEGALITY

Article 3, RPC. Definition. — Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

33
Q

What are the cases under Legality?

A
  • Laurel v. Abrogar
  • Laurel v. Abrogar (Resolution of the Motion for Reconsideration)
  • People v. Aquino
  • US v. Taylor

NULLUM CRIMEN SINE LEGE
* People v. Sullano
* Bernardo v. People
* People v. Pimentel

34
Q

LAUREL v. ABROGAR

A

Key: pldt, only movable properties are objects of theft

35
Q

LAUREL v. ABROGAR (RESOLUTION TO THE MOTION FOR RECONSIDERATION)

A

Key: pldt, business is appropriated and is personal property; use NCC definition of property

36
Q

PEOPLE v. AQUINO

A

Key: kaingin, speech proclamation no legislative effect

37
Q

US v. TAYLOR

A

Key: author editor proprietor, no sentence in absence of proof

38
Q

PEOPLE v. SULLANO

A

Key: police random drug test but no arrest, no crime since no arrest in the act

39
Q

BERNARDO v. PEOPLE

A

Key: forcible entry, no violation since agricultural lands

40
Q

PEOPLE v. PIMENTEL

A

Key: subversion & firearm, retroactive effect; offense no longer exists

41
Q

Define In Duibo Pro Reo / Lenity

A

“Innocent until proven guilty”

All doubts are reserved in favor of the accused.

Defendant may not be convicted by the court when there is doubt about their guilt.

42
Q

What are the provisions under the principle of In Dubio Pro Reo /Lenity?

A

STRICT CONSTRUCTION OF PENAL LAWS AGAINST THE STATE
* Article III, Section 14(2), 1987 Constitution

43
Q

Article III, Sec. 14(2), 1987 Constitution

A

IN DUBIO PRO REO / LENITY

Art. III, Sec. 14(2), 1987 Constitution. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.

44
Q

What are the cases under In Dubio Pro Reo / Lenity?

A
  • People v. Bon
  • Pascual v. Board of Examiners
  • Intestate Estate of Vda. de Carungcong v. People
  • Centeno v. Villalon-Pornillos
  • Bernardo v. People
45
Q

PEOPLE v. BON

A

Key: 8 counts of rape, not proven beyond reasonable doubt

46
Q

PASCUAL v. BOARD OF EXAMINERS

A

Key: medical malpractice, right against self-incrimination

47
Q

INTESTATE ESTATE OF VDA. DE CARUNGCONG v. PEOPLE

A

Key: misrepresentation to blind mother, resolve all doubts in favor of the accused

48
Q

CENTENO v. VILLALON-PORNILLOS

A

Key: solicitation no permit, express mention excludes all others

Law 109 : Criminal Law 1 (3 decks)

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