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I. 3 Theories of Philippine Criminal Law
- Magno V. CA
II. 3 important characteristics of Philippine Criminal Law
- 5 Exceptions on the rule of territorial effects of Phil. Criminal Law (Art. 2)
- 2 Rule of crimes committed on board ship/airship/warship
- Prospective effect of favourable laws to the accused and its exception (Art. 22 & 62)
- Effects of repeal of a penal law
III. What is a felony? (Art. 3)
- Concepts Mala in se and Mala prohibita
- Act/omission = felony
- Elements of felonies
- What is intentional/culpable felony?
- Requisites of intentional/culpable felony
- Mistake of fact and its requisites (U.S. V. Ah Chong, People V. Oanis)
- What is motive/intent?
IV. How does one incur criminal liability? (Art. 4)
- Suicide?
- U.S. V. Brobst
- Concepts of Aberratio Ictus, Error in Personae, and Praeter Intentionem
- What is Proximate Cause? (Vda. De Bataclan et. Al. V. Medina)
- Examples of inefficient intervening causes
- Efficient intervening cause (People V. Rockwell)
- Impossible crimes (Requisites and examples)
- Inherent impossibility of its accomplishment or on account of employment of inadequate or
ineffectual means.
V. Nullum crimen, nulla poena sine lege (Art. 5)
VI. Stages of Execution of a felony (Art. 6)
- Internal/ External Acts=felony
- Preparatory acts
- There is no crime of Frustrated Theft
VII. What are light felonies that are punishable (Article 7)
VIII. Conspiracy/Proposal to commit felony (Article 8)
- Conspiracy/Proposal as a felony and as a mode of incurring criminal liability
IX. Classification of felonies according to their gravity (Art. 9)
X. What are MODIFYING Circumstances? (Art. 11-15) JEMAA
- What is Justifying circumstance?
o What are the different Justifying circumstances (6)
o What are the requisites of Self-Defense? (3)
o What is unlawful aggression?
o Retaliation? (People V. Alconga
o Reasonableness of the means employed (3)
o Fulfilment of Duty (People V. Gayrama)
o Doctrine of Self-Help (People V. Depante)
- What is Exempting Circumstance?
o What are the different Exempting Circumstances (7)
o Who are insane/imbecile persons?
o Periods of Criminal Responsibility
o What is Discernment and ways to determine the same
o What is accident? (U.S. V. Tayongtong)
o Elements of compulsion to be exempted from criminal liability
o Elements of impulse of an uncontrollable fear of an equal or greater injury
o What are different absolutory causes?
o What is the nature of Entrapment and Instigation?
- What is Mitigating Circumstance?
o Classes of Mitigating Circumstances
o What are the different Mitigating Circumstances? (10) P1NSIPVDIA
o Praeter Intentionem (People v. Abueg)
o What is provocation?
o Immediate vindication of a grave offense (People V. Doniego)
o Why is passion/obfuscation mitigating?
o What are the elements for application of passion/obfuscation? (People V. Quijano)
o In spirit of lawlessness (People V. Sanico)
o What is voluntary surrender and what are its requisites?
o What are the requisites of voluntary confession of guilt?
o Examples of Analogous mit. Circumstances
- What is aggravating circumstance?
o What are the Kinds of Aggravating Circumstance
o What are the different aggravating circumstances? (21) PCIACNCARP
o Requisites of par. Contempt/insult to public authorities (4)
o Requisites of Abuse of confidence (3) (People V. Marasigan)
o Obvious Ungratefulness (People V. Bautista)
o When is nocturnity, uninhabited place or band aggravating? (3)
o What are the 4 forms of Repetition?
o What is the essence of Evident premeditation?
o What are the requisites of Evident Premeditation? (3)
o When does craft, fraud or disguise become aggravating?
o Is numerical superiority always aggravating?
o Means employed to weaken the defense (People V. Ducusin, People V. Siaotong)
o Important rules in treachery (3)
o Requisites of treachery
o Attacks showing intention to eliminate risk (4)
o What is ignominy?
o What is cruelty?
- What is Alternative Circumstance?
o What are the different alternative circumstances
o When is intoxication mitigating/aggravating?
o Low degree or lack of instruction is mitigating is almost all crimes (U.S. V. Reguera);
o When is high degree of education/instruction aggravating?
XI. Who are person criminally liable for felonies? (Art. 16)
- Who are liable for grave/less grave felonies and light felonies?
- Who are the active/passive subjects of a crime?
XII. Who are principals? (Art. 17)
- How does one become a principal by induction? (2)
XIII. Who are accomplices? (Art. 18)
- Requisites to become an accomplice (3)
- People V. Balili, People V. Dela Cerna, People V. Toling
XIV. Who are Accessories? (Art. 19)
- Two classes of accessories contemplated in paragraph 3
XV. Who are accessories exempt from criminal liability? (Art. 20)
- Exception of application of Article 20
XVI. What is penalty?
- What is the 3-fold purpose of penalty/ies in Phil. Criminal law?
XVII. When is a penal law applied retroactively? Art. 22
XVIII. Pardon by offended party V. Pardon by Chief Executive (Art. 23 and 36)
- Pardon V. Probation
XIX. What are the penalties which may be imposed/ SCALES OF PRINCIPAL AND ACCESORY
PENALTIES? (Art. 25)
- Principal penalties V. Accessory Penalties
XX. Preventive Imprisonment v. Subsidiary Imprisonment (Art. 29 and 39)
- What is Civil Interdiction? (Art. 34)
XXI. What are Complex Crimes?
- People V. Pama, U.S. V. Montiel
- What is a Continued Crime?
XXII. What are the penalties to be imposed in Consummated, Frustrated, and Attempted Stage? (Diagram for
Articles 50-57)
XXIII. What are the rules of Graduating Penalties? Chart (Art. 61)
XXIV. Rules on application of penalties with aggravating and/or mitigating circumstances (Indivisible and
Divisible) Art. 63 and 64
XXV. How to apply Successive Service of Sentences
- What are the penalties that may be simultaneously served? (10)
- What is the 3-fold Service of Sentence Rule?
XXVI. Graduated Scales of Penalties (Art. 71)
XXVII. Indeterminate Sentence Law
- Exceptions
- How to compute Indeterminate sentence law in crimes punished by RPC or Special Law
XXVIII. When and How penalty is to be executed (Art. 78)
- When does a penalty become executory?
- When does a Judgment become final?
XXIX. Suspension of Sentences (Minor Art. 80)
XXX. Suspension of Death Sentence (Art. 83)
XXXI. What is Destierro? Art. 87
XXXII. Total Extinction of Criminal Liability V. Partial Extinction of Criminal Liability (Art. 89 and Art. 94)
- Prescription of crime V. Prescription of penalty
XXXIII. Prescription of Crimes (Art. 90)
XXXIV. When and How penalties prescribe (Art. 92)
XXXV. Computation of the prescription of penalties (Art. 93)
XXXVI. Civil Liability of a person guilty of felony (Art. 100)
XXXVII. What is included in Civil Liability (Art. 104)
XXXVIII. Amnesty V. Absolute Pardon