Criminal Law I Block 1 Day 1 June 08, 2012 Questions: 1. What is Law?

Set of Rules governing conduct of civilized men. 2. What is the root word of Criminal? Crime 3. What is a Crime? 4. What is Criminal Law?

5. How can you distinguish Criminal Law from other Branches of Law? If any of the provisions in Criminal Law is violated, there is a corresponding penalty in the form of deprivation of liberty, or a fine. 6. What are sources of Philippine Criminal Law? a. Revised Penal Code Primary Source b. Special Laws Secondary Source enacted by Congress c. Penal Presidential Decrees Secondary Source Decrees during the Martial Law 1973 Constitution, Ammendment#6 provided/granted power to the President to enact laws. E.g. PD 8066 as amended by RA 8067? (Law against the illegal possession of firearms) d. Ordinances passed by local legislative branch of government. 7. What are the limitations to the power of the Legislative to enact Penal Laws? a. Ex-Post Facto Laws b. Bill of Attainder a law which inflicts punishment without trial c. Constitutional Limitations 8. Is a Bill of Attainder of Law? Why not Law of Attainder? Yes it is Law because it is a Legislative Enactment.

9. What Constitutional Right is violated when a Bill of Attainder is enforced? Article III, Section 14: No person shall be held to answer for a criminal offense without due process of law.

10. What are the Three Main Characteristics of Philippine Criminal Law? a. General b. Territorial c. Prospective 11. What does Prospectivity means? 12. Exception to the prospective application of Criminal Laws: Laws which is more lenient and favorable to the accused. E.g. Robin Padilla Sen. Ramon Revilla Sr. authored R.A. 8294 which reduced penalty from 14-17 years of imprisonment to 2-8 years. 13. But this Exception has no application in: a. Offender is a habitual criminal b. New law is expressly made inapplicable to pending action or existing cause of action 14. What does Criminal Law is General in Characteristics means? Philippine Criminal Law is binding on all persons who liver or sojourn in Philippine Territory 15. What does sojourn or Sojourning means? A foreigner temporarily staying in the Philippines 16. What are the Exceptions to this (General) Characteristic? a. Law of Preferential Application b. Persons exempt by virtue of universally accepted principle of Public International Law: i. Sovereigns Kings, Queens ii. Chiefs of States - incumbent iii. Ambassadors they should be assigned to the Philippines iv. Ministers Plenipotentiary v. Ministers Resident vi. Charges daffaires c. Treaty and Treaty Stipulations agreement between two or among nations 17. What are the instances where foreign Consuls are exempt from Criminal Prosecution? When there is a treaty between or among countries. 18. What is a Law of Preferential Application? It is a law which grants certain favors and privileges to foreign individuals. E.g. Law granting immunity to domestic servants of diplomats in the Philippines. For this Law of Preferential Application to be binding there must be the Principle of Reciprocity between or among countries.

19. One of the Characteristic of Criminal Law is Territoriality, what does it mean? It implies that when a crime is perpetrated outside the Philippine Territory then the offense as well as the offender may not be prosecuted in the Philippines 20. There are Exceptions in terms of Territoriality, what are exceptions? a. An offense is committed on a Philippine Ship or Airship b. Forge or Counterfeit coins or currency note the Philippines c. Introduction of Counterfeit coins or currency to the Philippines d. Public Officers or Employees, commit an offense in the exercise of their function e. Crimes against National Security 21. Site Examples of Crimes against National Security a. Treason b. Espionage c. Conspiracy to commit Treason d. Piracy and Mutiny on High Seas e. Correspondence with Hostile Country f. Inciting to War 22. Why do Philippine Courts exercise extra-territorial jurisdiction over the crimes against national security? It is because these crimes are a threat to the Political Stability of the State. 23. What determines the Nationality of the Vessel or an Aircraft? A Philippine vessel or aircraft must be understood as that which is registered in the Philippine Bureau of Customs 24. A Philippine Registered Vessel while cruising within the territorial waters of Japan, A stabbed B, both of them are Filipino, when the vessel returned to the Philippines, A was charged in court with murder. Q: Can A be prosecuted in the Philippines? A: No. But when the Philippine vessel or aircraft is in the territory of a foreign country, the crime committed on said vessel or aircraft is subject to laws of that foreign country. 25. A French Registered Vessels, John and Jane, both of French nationality. While the said vessel is cruising in the territorial water of the Philippines, John French kissed Jane against her will. May John be prosecuted in the Philippines for Act of Lasciviousness? Yes, except when the vessel is a Warship. Because a warship is considered as an extension of sovereign state. *Paragraph I of Article II of the Revised Penal Code is applicably only in Philippine Vessel or Airship travelling in High Seas or International Waters. *High Seas is a part of the Ocean where no country can claim ownership.

26. A was duly appointed by the President of the Philippines to be a Labor Attach to Japan, to serve from January 1, 2012 to December 31, 2012. With the power conferred to him by the President, he was allowed to bring his personal secretary (a beautiful creature). In February 2012, A touched the Private Parts of his Personal Secretary against her will. Can the Labor Attach be sued for Act of Lasciviousness? No. Article II, Paragraph states: When the offender, while being a public officer or employee, should commit an offense in the exercise of his functions. 27. What are the crimes against public function? These are listed in the Crimes against Public Officers. (page 26, no. 4. Revised Penal Code by Reyes) 28. What are felonies? Acts and Omissions punishable by the Revised Penal Code Revised Penal Code Violated = Felony Special Laws Violated = Offense Crime is a generic term which would include a felony and an offense. 29. What are the Two Classification of Felonies according to their means of commission? a. Intentional Felony deceit (dolo) b. Culpable Felony fault (culpa) 30. How would you distinguish an Intentional Felony to a Culpable Felony? Existence of Malice. Intentional Felony has Malice (deliberate intent). 31. What are the Elements of Intentional Felony? a. Intelligence b. Freedom c. Intent 32. What are the Elements of Culpable Felony? a. Intelligence b. Freedom c. Imprudence, Negligence, Lack of Foresight, Lack of Skill Lack of Intent, Absence of Malice, and Good Faith are a valid defense in Intentional Felony. Lack of Intent, Absence of Malice, and Good Faith are not a valid defense in Culpable Felony.

33. How would you distinguish Mala in Se and Mala Prohibita? Mala in Se (singular Malum in Se) Mala Prohibita (singular Malum Prohibita)

Definition:

Nature:

Mala in Se Crimes generally punishable in the Revised Penal Code Inherently wrong and serious in their effects on society as to call for almost unanimous condemnation of its members There is Intent to Commit the Crime

Mala Prohibita Crimes generally punished by Special Laws Acts made Criminal by Special Laws

There is Intent to Perpetrate an Act. It is enough that the Intent: Prohibited Act is done freely and consciously. Plunder is a special case in Mala in Se and Mala Prohibita Classification. Do Research.