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Criminal Law Reviewer Art 1 113 PDF
Criminal Law Reviewer Art 1 113 PDF
1-113)
2)
3)
French Rule
The French Rule provides that the nationality of
the vessel follows the flag which the vessel
flies, unless the crime committed endangers the
national security of a foreign country where the
Mala prohibita(um):
These are violations of special
laws.
Example is possession of drugs
(punishable by Special Laws),
ito yung kahit hindi mo
gagamitin or ibebenta, the
mere fact na nasa pagmamayari mo ito, bawal pa rin!
Felony: these are acts or omissions as defined
by Article 3 of the RPC. They may be
differentiated by dolo (deceit) which is
intentional, and culpa (fault) which is
imprudence, negligence, lack of skill or
foresight.
Offense: are crimes punished under a special
law is called as statutory offense.
Misdemeanor: a minor infraction of the law,
such as a violation of an ordinance, is referred
to as a misdemeanor.
Crime: whether the wrongdoing is punished
under the Revised Penal Code or under a special
law, the generic word crime can be used.
Mistake of Fact:
When the offender acted out of a mistake of
fact, criminal intent is negated, so do not
presume that the act was done with criminal
intent. This is absolutory if crime involved dolo.
Dolo has three requisites:
1)
2)
3)
Criminal Intent
Freedom of action
Intelligence
2)
3)
In imprudence, there is
deficiency of perception.
Criminal Liability:
This shall be incurred upon the person on the
act of a crime (gumawa ng krimen), whether:
Error in personae mistake in identity (wrong
person) Ex. A wanted to kill B, but kill C
instead, this is considered as mistake in
identity.
Abberatio ictus mistake in blow (wrong shot;
bullet went the other way etc.) Ex. A shot B,
but instead, the bullet ricocheted (bounced off)
from the wall and hit C. (best example from CSI:
Las Vegas where a guy in avoiding an incoming
2)
which
are
There is an agreement
The participants acted in concert or
simultaneously which is indicative of a
meeting of the minds towards a
common criminal goal or criminal
objective. When several offenders act
in a synchronized, coordinated manner,
the fact that their acts complimented
each other is indicative of the meeting
of the minds. There is an implied
agreement.
On physical injuries
In order that in law, a deformity can be said to
exist, three factors must concur:
(1)
The injury should bring about the
ugliness;
(2)
Elements of a crime:
1) Element of intent to damage
2) The damage inflicted
3) Intent to gain
Nature of crime:
1) Grave
2) Light
2)
3)
Justifying circumstances
Exempting circumstances
Mitigating Circumstances
Aggravating Circumstances
Alternative Circumstances
2)
These
are
the
kinds
of
aggravating
circumstances:
1) Generic or those that can generally
apply to all crime;
2) Specific or those that apply only to a
particular crime
3) Qualifying or those that change that
change the nature of the crime
4) Inherent or those that must of
necessity accompany the commission of
the crime
Distinctions between Aggravating and Qualifying
circumstances
In aggravating:
1) The circumstance could be offset by a
mitigating circumstance,
2) No need to allege this circumstance in
the information, as long as it is proven
during trial. If it is proved during trial,
the court would consider the same in
imposing the penalty;
3) It is not an ingredient of a crime. It
only affects the penalty to be imposed
but the crime remains the same
In qualifying circumstances:
1) The circumstance affects the nature of
the crime itself such that the offender
shall be liable for a more serious crime.
The circumstance is actually an
ingredient of the crime
2) Being an ingredient of the crime, it
cannot be offset by any mitigating
circumstance
3) Qualifying
circumstances
to
be
appreciated
as
such
must
be
specifically alleged in the complaint or
information. If not alleged but proven
during the trial, it will be considered
only
as
generic
aggravating
circumstance. If this happens, they are
susceptible of being offset by a
mitigating circumstance
Aggravating circumstances includes:
1) Taking advantage of public position
this means you use public office as a
medium to commence a crime thinking
that you wouldnt be convicted (well
guess again!)
2) Disrespect due to age, rank and sex
this refers to old, young and for the
sex, its the female
3) Abuse of confidence this is not mere
betrayal of trust just because in
example you left your daughter in the
trust of a neighbor and your neighbor
rapes your daughter. That is not
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
you
are
rendered
defenseless at this point in moment in
time. You are sleeping, so killing you
while sleeping aggravates the whole
thing!
Treachery violation of allegiance or
faith. You create this once your
allegiance/loyalty to someone is
destroyed.
Evident premeditation it means you
planned this all along!!!
Breaking and entering is included as
well!
If you ask the aid of people below 15
years of age, the crime gets
aggravated! (best example CSI: Miami,
when an offender asked the aid of
Horatios son Kyle who at the time of
the offense was 15, ranking him as a
juvenile)
Craft, disguise or fraud be used in
committing a crime.
If you create an explosion, poison,
stranding a vessel, fire, (all man-made
accidents) these also aggravate the
situation. If you use these examples to
hide your crime, then youre facing jail
time for a lifetime.
If you accepted a bribe, reward or
price in exchange for a commencement
of a crime, well consider these things
aggravating.
Another aggravating circumstances, you
kill someone and being a show-off, you
exposed the person, not only dead, but
naked as well and hung him on a tree,
this is ignominy. Kumbaga sa dead,
double-dead na ito!
If you use your size to get your way and
in the end resulting in death, then this
is also considered as aggravating.
During natural causes of accidents like
earthquake or epidemic and you used it
as a cover for your crime, this is also
aggravating. (Best example of this, CSI:
Miami, a robbery took place during a
tsunami event. The robbers used a
geologist to cover for them. Talk about
perpetual
or
temporary
special
disqualification for the exercise of the right of
suffrage
shall
deprive
the
offender
perpetually or during the term of the
sentence, according to the nature of said
penalty, of the right to vote in any popular
election for any public office or to be elected
to such office. Moreover, the offender shall
not be permitted to hold any public office
during the period of his disqualification.
: Again with connection to public office is a
public trust, the offender may not hold any
office during his term of sentence. They will be
deprived the right to vote in any popular
election for any public office.
Art. 33. Effects of the penalties of suspension
from any public office, profession or calling,
or the right of suffrage. The suspension
from public office, profession or calling, and
the exercise of the right of suffrage shall
disqualify the offender from holding such
office or exercising such profession or calling
or right of suffrage during the term of the
sentence.
The person suspended from holding public
office shall not hold another having similar
functions during the period of his suspension.
: In connection with the holding of public office,
one may be suspended from holding public
office and shall not hold another having similar
functions during the period of his suspension.
was
an
impossible
crime
RT
Entirety
12
yrs
& 1
day
20
yrs.
Minimum
12
PM,
AD,
SD
6 yrs
& 1
day
12
yrs
PC,
S, D
AM
Am
6
mos.
& 1
day
6
yrs
1-30
days
6 yrs
1
mon
th &
1
day
6
mos.
1-2
1-10
Medium
Maximum
yrs
& 1
day
14
yrs
& 8
mos.
14
yrs
& 8
mos.
17
yrs,
4
mos.
& 1
day
8
yrs
17
yrs,
4
mos.
& 1
day
20
yrs.
10
yrs
& 1
day
12
yrs
8 yrs
& 1
day
10
yrs
mos.
& 1
day
2
yrs
& 4
mos.
2
yrs,
4
mos.
& 1
day
4
yrs
& 2
mos.
4
yrs,
2
mos.
& 1
day
6
yrs.
mos.
days
2
mos.
& 1
day
4
mos.
1120
days
4
mos.
& 1
day
6
mos.
2130
days
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
Art. 105. Restitution; How made. The
restitution of the thing itself must be made
whenever possible, with allowance for any
deterioration, or diminution of value as
determined by the court.
The thing itself shall be restored, even though
it be found in the possession of a third person
who has acquired it by lawful means, saving to
the latter his action against the proper
person, who may be liable to him.
This provision is not applicable in cases in
which the thing has been acquired by the
third person in the manner and under the
requirements which, by law, bar an action for
its recovery.
: The return of the value of such stolen object.
Or if it has sentimental value, you must return
the same or higher value.
Ex: A man who in exchange for transportation
took a pin of inestimable value from a woman
and her family. And because of that they were
killed in the gas chambers. Should the next of
kin have a right on the pin?
A: Yes, the next of kin has a right.
If in any way, an object of value taken by force
from a person should be returned to the next of
kin, should the person pass on to the next life.
In the case at bar, a pin of inestimable value
was taken from a woman and his family, in
exchange they had to die in the gas chambers,
her next of kin is claiming for the pin, and since
she has passed away, the next of kin has a right
to the pin.
Art. 106. Reparation; How made. The court
shall determine the amount of damage, taking
into consideration the price of the thing,
whenever possible, and its special sentimental
value to the injured party, and reparation
shall be made accordingly.
: When the object taken is damaged, one must
have it repaired to its original value.
about
the
Its purpose;
Instances when it does not apply; and
How it operates
depreciate
the
Mandatory conditions:
Discretionary conditions:
The trial court which approved the application
for probation may impose any condition which
may be constructive to the correction of the
offender, provided the same would not violate
the constitutional rights of the offender and
(1)
(2)
(1)
The convict must report to the
Probation Officer (PO) designated in the court
order approving his application for Probation
within 72 hours from receipt of Notice of such
order approving his application; and
(2)
The convict, as a probationer, must
report to the PO at least once a month during
the period of probation unless sooner required
by the PO.
These conditions being mandatory, the moment
any of these is violate, the probation is
cancelled.