LJC Notes

CrimRev Exam (1ST)

POINTERS CRIMINAL LAW REVIEW

September 2, 2015
Fiscal Blair Dura

Exception to the Principle of Territoriality especially RA 9372; RA 1036Human Security Act

MALA IN SE VS. MALA PROHIBITA
Elements of Intent to Kill
When can you say that the killing is frustrated homicide or physical
injuries, etc,
IMPOSSIBLE CRIME
Estafa and crimes of property, the value of property is relative to the
penalty. Can the court modify the penalty on the ground that it is
excessive?
Familiarize the effect of stages of execution of crime vis a vis that
impossible penalty and on the same manner, try to equip yourselves
into the degree of participation with the imposable penalty
When can we say that a CONSPIRACY EXISTS?
Rules of conviction when it comes to degree of participation and
conspiracy
Participation of other persons in the conspiracy. The conspiracy itself
must be proven beyond reasonable doubt
The Hierarchy conspiracy if not proven may be accomplice or
accessories or they may be laible separately. Saan ang mas favored
jan? WON there is conspiracy, the court will identify whether there is
separate liability, walang immediate acquittal
Can conspiracy be committed by SILENCE & INACTION?
Can there be conspiracy in Violence against Women? (VAWC)
Can there be conspiracy in BP 22?
Problem: there is a JOINT CHECKING ACCOUNT and in the joint
checking account are named Mr. Juan Dela Cruz and Mrs. Dela Cruz. So
either of them can sign. Can the issuance by the husband/wife of a
check (where such bounced) in violation of BP 22? (is there conspiracy
bah? (sorry inaudible))
When can you say there is Unlawful Aggression? Scrutinize the point
in time
o When did it happen?
o There are rulings by the SC when these acts are not Unlawful
aggression?
o When is the aggression becomes unlawful?
In relation to property, when can we invoke the right to SELF-HELP vs.
SELF-DEFENSE?
LANDMARK CASE: People vs. Ah Chong Doctrine of Mistake of Fact
Inconsistent defenses and circumstances

Passion & Obfuscation vs. Evident premeditation

You will be ask to explain on whether it can be cancelled
(one is qualifying, one is ordinary mitigating)
ACCIDENT VS. SELF-DEFENSE
In accident, there is not intent to kill, whereas in selfdefense there is intent to kill
KINDS OF INSANE PERSONS UNDER TEST
CHARACTERISTICS of an attack that would be considered as
TREACHEROUS
What is the effect of AGGRAVATING CIRCUMSTANCE proven in the
trial but not allege in the information
How do we draw the line by Principal by Direct Participation and by an
Accomplice
RECIDIVISM VS. QUASI-RECIDIVISM
Familiarize the difference between the following:
Intent
Motive
Discernment
COMPUTATION: THREE-FOLD RULE VS. ISL
Problem:
Bus figured in an accident. Bus was impounded, the court retained
custody. Will forfeiture apply to the bus? May the award of civil liability
be levied to the bus? Can the judge impose forfeiture of the bus? Can
the sheriff levy the bus to satisfy civil liability? (sorry dli kayo klaro
akong pag sulat sa facts, paki verify nlng to other classmates)
If the accused was convicted of a crime punishable by more than 6 yrs,
is convicted by the RTC and an appeal in CA, the CA only convicted him
of a crime punishable by less than 6 years, is he QUALIFIED FOR
PROBATION?
What happens when the accused dies
Article 4 Proximate Cause vs Proximate Cause in TORTS
SPECIFIC INTENT VS. GENERAL INTENT
COMPLEX PENALTY
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