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Criminal Law Reviewer - Justice Cornejo

Criminal Law Reviewer - Justice Cornejo

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NOTES IN CRIMINAL LAW REVIEW (2008)Justice Ma. Cristina Cornejo
 
1969-2008 39 years of excellence and superiority
 
   a   g   e
    1
 
BOOK ONE
ARTICLE 1TIME WHEN ACT TAKES EFFECTARTICLE 2SCOPE AND APPLICATION OF THE CODE3 Important Characteristics of Criminal Law
1. Generality2. Territoriality3. Prospectivity
1. GeneralityGeneral
 
criminal law applies to all who lives/ sojournwithin the Philippine territory.
Lives
 
committed a crime here, Phil. Criminal law appliesto you
Sojourn
even if you are simply passing thru
you aresubjected to Phil. Criminal law.
General Rule:
Who lives / sojourn in the Phil Territory
Exceptions:
Heads of state, ambassadors, ministers, resident diplomatic
Q: Consuls, Vice-consuls?
A: not exempt from the operation of Phil. Criminal law
2. Territoriality
-
physical boundaries, that would includePhil. Criminal law now will apply to allcrimes within the Phil. Territory.
-
Phil. Territory- the land, water and the air
Q: What about the extent of Phil territory? (because of thePhil. boundaries nga?)
A: water- formerly 3 mile limit but now 12 mile limit fromlow water mark.Originally 3 mile limit extended from the low water mark 12mile limit from the low water mark- by virtue of the NewConvention of the Law on the Sea, which was ratified in 1982by member states, 50+ member states, 52/55 expand theterritorial water jurisdiction of Phil. Criminal LawExemptions to the Territoriality Characteristics of Phil.Criminal Law are found in Art. 2 of the RPC (memorize)
 
meaning Phil. Criminal law will apply to thosepersons who committed it even outside the Phil.Territory
 
so, it applies to all those who commit an offensewhile on board/ Philippine ship/airship it shall applyto those who counterfeit currency notes, banknotes, coins which have been issued by thegovernment of the RP, it shall apply to those whoare responsible for the introduction of thosecounterfeit, bank notes that has been forge; publicofficials and employees who commit offenses in thecourse/ discharge of duties/official functions assuch; and to those who commit crimes againstnational security and the law of the nations
5 Exceptions - that Even Committed Outside the PhilippineTerritory Air, Land and Water Still Subject to PhilippineCriminal Law
1. Crime committed within a Philippine ship or airship.2. Forgery is committed by giving to a treasury or bank noteor any instrument payable to bearer or to order theappearance of a true genuine document or by erasing,substituting, counterfeiting, or altering by any means thefigures, letters, words or signs contained therein.3. If forgery was committed abroad, it must refer only toPhilippine coin, currency note or obligations and securities.4. A public officer or employee who commits a crime relatedto the exercise of his office.5. Title I of Book II on crimes against national security andthe law of nations covers treason, espionage, provoking warand disloyalty in case of war, piracy and mutiny but notrebellion.
Note
: When rebellion is committed abroad, the Philippineswill not acquire jurisdiction because rebellion is a crimeagainst public order.
Board/ Phil. Ship/ Airship
 
it is not a question of ownership of a vessel
 
it is a question of registration
 
where it was registered
 
for our court to acquire jurisdiction, it must beregistered in accordance of our Phil. Laws
 
even it was Filipino owned but not registered underour law, even if the crimes committed there, we donot have jurisdiction
 
registration in the Bureau of Customs
 
for as long as the crime committed on board of Philship / Airship
Q: What if the crime is committed on board on a warship?
A: Of course internationally accepted that would fall underthe jurisdiction - still which the country to which thatwarship belongs, even if it is here within the Phil. Territory,if the crime is committed in that warship that is stillconsidered an exception in the territory of the country towhich that warship belongs.
Q: Crime committed on board of foreign merchant vessel?
A: 2 rules:
a. French rule
- if the crime committed on board of a foreignmerchant vessel.
Example:
Here in our territory, under the French rule, we do not havejurisdiction except if that crime even if on board of a foreignmerchant vessel affects public order/ national security
b. English rule
- the crime is committed on board of a foreignmerchant vessel which is situated in Phil. territory, it issubject to our jurisdiction except if that crime relates tointernal affairs/ internal management of the foreignmerchant vessel.Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum
3. Prospectivity
 
the law will apply only to facts, circumstances,events, transactions after the promulgation of thelaw
 
 
NOTES IN CRIMINAL LAW REVIEW (2008)Justice Ma. Cristina Cornejo
 
1969-2008 39 years of excellence and superiority
 
   a   g   e
    2
 
 
so the law must made to apply forward, it may notapply backward, it cannot be given a retroactiveapplication, that is the ruleException:If it is favorable to the accused, it is not enoughthat RA is favorable to the. The accused must not be habitualdelinquent (HD)HD - Art. 622 requisites must concur:1.
 
RA is favorable to the accused2.
 
He must not be a HD
Q: Who / What is HD?
A: It is a special aggravating circumstance because it adds topenalty
 
if within a period of 10 years, reckoned from thedate of his last release or the last conviction (2reckoning point)
 
of the crimes of (any of the crimes of) seriousphysical injuries, less serious physical injuries,robbery, theft, estafa and falsification, is foundguilty of any of the said crimes, the third time oroftener
Take note the effect of repeal of the Penal Law
a.) New law provides a lighter penalty than the penaltyprovided in the old law with respect to a crime then the newlaw will apply because it is favorable to the accused butremember he must not be a HDb.)What if the new law provides a heavier penalty? At thetime of the commission of the crime, then you apply becauseit is not totally repealed, its only that it apply to the sameoffense but the point th4e lighter penalty in the old law thatwould have to be made to apply.c.) What if the new law does not anymore penalize the actwhich has been penalize before the old law
-
the crime is obliterated
-
acquitted
Schools of Thought
1. Classical Theory2. Positivist Theory3. Protective / Utilitarian
1. Classical Theory
 
Man is considered a creature of absolutely free will(voluntary)
 
Wherefore he has a choice
 
If he chooses to do wrong, he will suffer theconsequences
 
If he chooses to be right, fine!
 
Purpose of penalty retribution
2. Positivist
 
does not do it voluntarily but there is a strangeand morbid phenomenon that compels it to dothe act
 
psychological
 
did not really mean to commit the crime butcompel him by a strange or morbidphenomenon to commit the crime
 
not penalty, subjected to a battery of psychological test
 
he did not to do it on his own - forced to do it
3. Protective / Utilitarian
Case
Facts:
Violation of BP22, he was being made to paysomething, the alleged creditor would not have any cash out,there is a propensity to fool somebody who is already in adire straight -he took advantage on the accused.
 Held - SC:
Criminal Law, the penalty provided under thecriminal law is not there to protect society only from actualwrongdoers, but likewise from potential wrongdoers. Thosewho have propensity/ intonations to commit a crime
ARTICLE 3FELONYArt. 3 relate to Art. 4
Art 3- defines what a felony isArt. 4- how is criminal liability incurred
Q. What is a felony?
Art. 3, a felony is an act or omissions punishable by law.
Q. Did he incur criminal liability?
A. Go back to Art. 3 & 4
Q. How is that act/omission?
A. Either dolo or culpa.
Q. How is criminal liability incurred?
A. Felony is an act/omission punishable by law it could be bymeans of dolo (deceit, intent) culpa (imprudence,negligence, lack of foresight/skills)
2 Basic Kinds of felony
1. Intentional felonies
 
2. Culpable Felonies
Q. What are the elements: Art 365 Culpable
A.
Intentional vs. Culpable
-freedom -freedom-intelligence - intelligence-intent -negligence
Act
- overt act, violation of law, you penalize itOmission - why it is omission of a felony? or punishable by alaw?
Omission
- we do not do anything - inaction,
.
So why dowe penalize for something we do not do?
 A. because there is a law that tells you to do this, if you donot to do this, so you omit the obligations to do.Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum
Example
Treason (misprision) you are aware of the conspiracy tocommit treason- you have to report it to the proper authorities
.
 ARTICLE 4HOW IS CRIMINAL LIABILITY INCURRED
 
 
NOTES IN CRIMINAL LAW REVIEW (2008)Justice Ma. Cristina Cornejo
 
1969-2008 39 years of excellence and superiority
 
   a   g   e
    3
 
Q. How is criminal liability incurred?
A. By any person committing a felony (delito) although thewrongful act done be different from that which heintended.
By any person committing a felony (delito)although the wrongful act done be differentfrom that which he intended.
Discussion
before you can incur criminal liability - you do a felony, if you do something which is not a felonious, you may be civillyliable but not criminally liable
Q. So how do you incur criminal liability?
A. If you perform a felony
Definition of felony
It is an act/omission punishable by law, if the act is incorrectmerely or otherwise but it is not punishable by law and youcommit it but it appears that it is morally wrong but notpunishable by law, you do not incur criminal liability.
ExampleQ. A commit suicide and she jumps from a building andnibagsak sya kay B, did A incur criminal liability?
A. No, the act is not felonious. Suicide is not a felony. Even itis immoral.
Opinion:
He can be liable for reckless imprudence resultingto homicide
Judge Cornejo
: those person who commit suicide, there’s
something in their head (when you go up in the tallestbuilding) di kana titingin kung may madadaganan ka pa), I donot subscribed to the opinion.The only question is if there is a criminal liability - if your actis felonious.If the act is not felonious, you will not incur criminal liability.
To be able to incur criminal liability, 2 requisites mustconcur:
1. The act is felonious2. The act is the proximate cause of the injury
Concept of Proximate Cause
The cause of the cause is the evil caused
Q: How it is defined in criminal law?
A: People vs IliganIt is that cause which in the natural & continuous sequence of events unbroken by any events, unbroken by any activeintervening cause produces an injury without which the resultwould not have result.
Q: When there is a proximate cause?
A: From the cause to the effect nothing must happen inbetween ___________________________________________________Proximate cause Effect which is the result
Case of Rockwell:
Offender punched the victim, the victim fell on the floor(cemented pavement), he did not die, while on the ground,dumating si horsie horsie!!! Dead.
Q: Was the punching - that is an exertion of violence,protective of injury? Was the punching, that is a feloniousact is the proximate cause of the death of the victim?
A: From the cause which is the act to the effect of the deathnothing must happen in between, o di ba may nangyari thehorsie, horsie,. The intervening cause - horsie horsie
Case of Rockwell vs Case of Chuaco
In Chuaco Case, the horse is not in the scenePunched -died of cerebral hemorrhage
incur criminalliability
from the cause to the effect there is nointervening 
People vs. Iligan
 
may view that the concept of Proximate Causewas modified
 
the victim was hacked on the head and then herun until he reached the highway and he felland run over by the vehicles.
 
SC said: It was still a proximate cause even if the immediate cause was the running over.
Judge Cornejo
:
 
it is not modified
explained by theSupreme Court, that it is a mortal wound na eh!
 
Highway - mabilis ang takbo ng vehicles so youdo not consider that as an efficient interveningcause
 
it was an isolated case
 
you do not drive less than 100 km per hour
 still it is the same concept
Felonious Act
-
effect “nothing happened in between”
 
Factors Affecting Intent and Correspondingly the CriminalLiability
1.
 
Mistake of Fact2.
 
Error in Personae (Mistake in Identity)3.
 
Aberratio Ictus (mistake in the victim of the blow)4.
 
Proximate Cause
1. Mistake of Fact
If you commit an act which is felonious, because it ispunishable by law but you did it under a mistake of fact, youwill not be criminally liable
Requisites (the 3 must concur):
1. That act would have been lawful had the facts been as theaccused believe them to be- the act would have been lawful -nakapatay ka
 
2. The intention of the accused in performing the act must belawful 3. No negligence/carelessness on the part of the accused 
U.S. vs. Ah chong
killed the victim, absolved because of mistake of fact
 voluntary yan but under different special circumstances kayasiya na absolve, fall under the concept of mistake of fact.
1. The act would have been lawful had the facts been asthe accused believe them to be.Example

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