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A2013 Law 109 (Criminal Law 1), IRJimenez

A2013 Law 109 (Criminal Law 1), IRJimenez

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Published by Janz Serrano
annotated syllabus of Prof. IR Jimenez, UP College of Law

sources:
Reyes, annotations of the RPC
Class discussions
annotated syllabus of Prof. IR Jimenez, UP College of Law

sources:
Reyes, annotations of the RPC
Class discussions

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Categories:Types, Business/Law
Published by: Janz Serrano on Aug 13, 2010
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04/03/2014

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Criminal Law 1Prof. I.R. JimenezA.Y.2009-2010
1Janz Hanna RiaA2013
I.
 
General Principles of Criminal LawA.
 
Nature
 
Criminal Law
 –
that branch or division of law which defines crimes, treats of their nature, and provides for their punishment
 
Crime
 –
an act committed or omitted in violation of a public law forbidding or commanding itB.
 
Purposes1.
 
Identify wrongful behavior
 
Power to define and punish crimes
-
 
The state has the authority, under its police power, to define and punish crimes and to lay down the rules of criminal procedure-
 
States, as part of their police power, have a large measure of discretion in creating and defining criminal offenses.-
 
The State is tasked to defend the inherent rights and risks that are unanimously shared by its citizens and the violation of suchwill cause a serious effect to the society. (hence,
“People v. Accused” as title to criminal cases.)
 -
 
It is the manifestation of the state’s power to control social behavior but it also defines a limit to this same power. Beyon
d theextent of criminal law, the state cannot punish harmful behavior. This branch of law treats of specific acts which the communityhas decided as necessary because they are wrong and harmful.2.
 
Prescribe punishment
 
Two Theories In Criminal Law
o
 
Classical
 
Basis: human free will
 
Purpose of penalty: retribution
 
That man is essentially a moral creature with an absolutely free will to choose between good and evil, thereby placingmore stress upon the effect or result of the felonious act upon the man, the criminal himself 
 
Establishes a mechanical and direct proportion between crime and penalty
 
Scant regard to the human element
 
the state exacts revenge for wrongdoing done and the offender needs to be expiated.
o
 
Positivist
 
That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of orcontrary to his volition.
 
That crime is essentially a social and natural phenomenon, and as such, it cannot be treated and checked by theapplication of abstract principles of law and jurisprudence nor by the imposition of a punishment, fixed and determined apriori; but rather through the enforcement of individual measures in each particular case after a through personal andindividual investigation conducted by a competent body of psychiatrists and social scientists.
 
that there are external factors which influe
nce a man’s decision to commit crimes. It seeks to rehabilitate man (during
prison) and teaches him ways to cope with these external factors which brought about the crime prior to beingincarcerated.
Classical PositivistConduct
Individual’s free will
is a choice betweengood/pleasure and evil/pain
Not one dimensional; it’s a natural and social
phenomenon; affected by the environment
Purpose
Retribution, vengeance; instinct is to extractrevengeReformation; change
Focus
Victim Family and society
Punishment
Moral responsibility, relationship of convict
victim, intent, excuse and temptationReformation, prevention, repressiona.
 
Retributioni.
 
Deterrenceii.
 
Incapacitationiii.
 
Rehabilitationb.
 
PreventionC.
 
Characteristics1.
 
Statutory
 
RPC, 3.
Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be 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 thewrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
 
 
RPC, 5(1).
Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in casesof excessive penalties.
Whenever a court has knowledge of any act which it may deem proper to repress and which is notpunishable 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 legislation.
 
 
No common law crimes in the Philippines
 
Criminal Law 1Prof. I.R. JimenezA.Y.2009-2010
2Janz Hanna RiaA2013
-
 
Common law crimes: body of principles, usages and rules of action, which do not rest for their authority upon any express andpositive declaration of the will of the legislature-
 
Unless there be a particular provision in the penal code or special penal law that defines and punishes the act2.
 
General
 
Criminal law is binding on all persons who live or sojourn in Philippine territory
 
It is general because it will not discriminate against persons. It will affect both citizens and non-citizens in order to assure thatthey will conform to socially accepted behavior.
 
As a general rule, the jurisdiction of the civil courts is not affected by the military character of the accused
 
Civil courts have concurrent jurisdiction with general courts-martial over soldiers of the AFP
 
The RPC or other penal law is not applicable when the military court takes cognizance of the case.
 
Exceptions: when otherwise provided for in treaties and laws of preferential application3.
 
Territorial
 
RPC, 2.
Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced notonly 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 counterfeitany coin or Currency note of the Philippine Islands or obligations and securities issued by the Government of the PhilippineIslands;3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentionedin the presiding 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 thisCode.
 
Constitution, Art. I.
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 aerialdomains, 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 internalwaters of the Philippines.
 
French Rule.
Crimes committed aboard foreign merchant vehicles are not triable in the courts of that country, unless theircommission affects the peace and security of the territory or the safety of the state is endangered.
 
English Rule.
Crimes committed aboard foreign merchant vehicles are triable in that country, unless they merely affect thingswithin the vessel or they refer to the internal management thereof.
Philippines: in the Philippines, all crimes committed in itsterritorial seas will be tried, unless the defendant can prove that it only affected those within the vessel4.
 
Prospective
 
A penal law cannot make an act punishable in a manner in which it was not punishable when committed
 
RPC, 366.
Without prejudice to the provisions contained in Article 22 of this Code, felonies and misdemeanors, committed prior tothe date of effectiveness of this Code shall be punished in accordance with the Code or Acts in force at the time of theircommission.
 
Exceptions: whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused, it can begiven retroactive effect.
 
RPC, 21.
Penalties that may be imposed.
No felony shall be punishable by any penalty not prescribed by law prior to itscommission.
 
RPC, 22.
Retroactive effect of penal laws.
Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of afelony, 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 thepublication of such laws a final sentence has been pronounced and the convict is serving the same.5.
 
Morally Condemnable
 
Condemnation is outrage expressed by the community associated with the penalty prescribed because of the felony committed.Moral condemnation (or at least a lower degree) cannot (can only) be found in other fields of law.
 
Examples: Call to arms or vigilantism v. death penalty; Indefinite isolation in mental hospital v. one-day imprisonment; Fine of P1million from a civil suit v. fine of P1,000 for robberyD.
 
Sources1.
 
Constitution2.
 
Revised Penal Code and its amendments3.
 
Special Penal Laws passed by the Legislature4.
 
Penal Presidential Decrees5.
 
Penal provisions in other laws6.
 
Local ordinances7.
 
JurisprudenceE.
 
Constitutional limitations
 
Criminal Law 1Prof. I.R. JimenezA.Y.2009-2010
3Janz Hanna RiaA2013
 
The government is powerful. When unlimited, it becomes tyrannical. The Bill of Rights is a guarantee that there are certain areas of a
person’s life, liberty and property which governmental power cannot touch.
1.
 
Due process and equal protection
 
Constitution, Article III, Section 1.
No person shall be deprived of life, liberty, or property without due process of law, nor shallany person be denied the equal protection of the laws.2.
 
Freedom of Expression
 
Constitution, Article III, Section 4.
No law shall be passed abridging the freedom of speech, of expression, or of the press, or theright of the people peaceably to assemble and petition the government for redress of grievances.3.
 
Freedom of Religion
 
Constitution, Article III, Section 5.
No law shall be made respecting an establishment of religion, or prohibiting the free exercisethereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall foreverbe allowed. No religious test shall be required for the exercise of civil or political rights.4.
 
No excessive fines nor cruel, degrading, or inhuman punishment
 
Constitution, Article III, Section 19(1).
Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter providesfor it. Any death penalty already imposed shall be reduced to reclusion perpetua.5.
 
Non-imprisonment for debt or non-payment of a poll tax
 
Constitution, Article III, Section 19(1).
Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter providesfor it. Any death penalty already imposed shall be reduced to reclusion perpetua.6.
 
Bill of attainder
 
Constitution, Article III, Section 22.
No ex post facto law or bill of attainder shall be enacted.
 
A legislative act which inflicts punishment without judicial trial
 
Essence: substitution of a legislative for a judicial determination of guilt
 
Bar
serves to implement the principle of separation of powers7.
 
Ex post facto law
 
Constitution, Article III, Section 22.
No ex post facto law or bill of attainder shall be enacted.
 
A law which makes criminal an act done before the passage of the law and which was innocent when done, and punishes such act
 
A law which aggravates a crime, or makes it greater than it was, when committed
 
A law which changes the punishment and inflicts a greater punishment
 
A law which alters the legal rules of evidence, and authorizes conviction upon less or different testimony the the law required atthe time of the commission of the offense
 
A law which assumes to regulate civil rights and remedies only, but in effect imposes penalty or deprivation of a right
 
A law which deprives a person accused of a crime of some lawful protection to which he has become entitledF.
 
Construction/Interpretation1.
 
Liberality in favor of the Accused2.
 
Spanish text of the RPC prevails over its English translation3.
 
Retroactive application if favorable to the accused4.
 
Prescribed, but undeserved, penalties
 
RPC, 5(2).
In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement asmay be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of thisCode would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injurycaused by the offense.II.
 
General Principles of Criminal LiabilityA.
 
Definition of Felony
 
RPC, 3.
Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit (dolo) but alsoby means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful actresults from imprudence, negligence, lack of foresight, or lack of skill.
 
B.
 
Elements of Criminal Liability1.
 
Physical element (actus reus)a.
 
Act
 
Any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actuallyproduced as the possibility of its production is sufficient.
 
bodily movements, verbal utterances, and possession of dangerous objects that pose a danger to society
o
 
There is a fine line between possession and status. E.g. Person A was sitting in his car in complete silence, not talking, notmoving, at all. Then Person B comes in and places a bag of 
shabu
 
in Person A’s car. Would Person A be liable? Yes. There is

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