You are on page 1of 7

Criminal Law LMT

Presumption of regularities of duties the act of the officer is justified

Sex Videos and photos the person is liable under Anti-Video


Voyeurism Act

If it has been publicized or broadcasted the person is liable even if it


is with the consent of victim with respect to its taking

Variation if the person involved is a minor, and it is a sex video with a


minor broadcast and publication Anti Child Pornographic Act

To the original author who made libelous remarks punishable by


Cyber Crime Law not RPC there can be no punishment by two laws

Person who tweeted libelous remarks not liable

Liability of a person laundering money in banks Anti Money


Laundering Acts

Crimes punishable by the Anti Money Laundering Act

Predicate Crimes from this, you get dirty money, and you use it in
transactions where they are laundered like in banks, financial
institutions. They are laundered and revived back to the circulations

Persons liable

Those who transact and facilitate in the transactions

Prosecution under Predicate Crimes is different from Prosecution in Anti


Money Laundering Act

Under AMLA
Those people who fail to disclose the deposit of over Php 500k is liable
under the AMLA
If less than Php 500k, there is a need to disclose if it involves a
suspicious act

Multiple crimes not multiple offenders


If Bilibid prisoners commit violation of RA 9165, is there any possible
aggravating circumstance
- quasi-recidivism special aggravating circumstance, what must be
committed must be a felony. A crime of Ra 9165 is not a felony,
- -habitual delinquency
Expressio union est,

TANIM BALA
-Article 363 of the RPC
- incriminating another person

TANIM DROGA
-charged for RA 9165, PLANTING OF EVIDENCE, punishable by death
penalty

Possible defenses will you invoke

They are charged by mala prohibita


Possession of ammunitions they did not intend to perpetrate a crime

Distinction between Mala Prohibita and Mala In Se

Are exempting and justifying circumstances applicable to malum


prohibitum in accordance with Art. 10 of RPC?

Justifying Circumstances are not applicable to malum prohibitum, but


Exempting circumstances may be applied.

In Justifying Circumstance, criminal intent is absent. Intent cannot be


raised as a defense in mala Prohibita. In Exempting circumstance, what
is wanting is intelligence. Thus, may be applied.

Minority, uncontrollable fear are applicable

Essence of Conspiracy is universal both in mala in se and prohibita

In violation of special laws, if there is conspiracy, all are liable for the
offense.

Terrorism predicate crimes

One of the predicate crimes rebellion crime of public order

If the magnitude of rebellion will soak fear and panic, it will ripen into
terrorism, once it ripens, it may be prosecuted even in outside territory
as it is a crime against national security

Detention under Article 125 of RPC

Prescription of Crimes failure of the State to prosecute the crime


Prescription of Penalties if already prosecuted, this may apply

Extinction of Liability

Distinction between Prescription under RPC and Special Laws (Act


3326)
They ar the same in so far as the commencement of prescription is
concerned date of discovery

Suspension Romualdez vs Ombudsman


Supreme Court applied the suspension because the accused is out
the country only for purposes of RPC

Prescription is governed by the Revised Penal Code, substantive in


character
If a case is filed and it is provisionally dismissed, when must the State
refile the case? Would it be in the remaining period of the prescriptive
period?

NO. Refiling will be governed by procedural law. It should be filed within


1 year

Plea bargaining
Question of substantive law visavis procedure

Pardon by the Offended Party vs. Pardon by the President


Vidal vs Joseph Estrada

Pardon by the President


-includes the principal and accessory penalty, constitutional in nature

Conflict between preambulatory clause and text of pardon text shall


prevail

Distinguish pardon by marriage by offended party,


Distinguish between private and public offense, effect of pardon

An affidavit of desistance cannot cause the dismissal of the case,


unless it makes a reasonable doubt

Exceptional case:

Pardon by offended party is extinguishing in character


Marital rape

Complex Crime visavis Special Complex Crime not the same


Nature of complex crime
Compound crime single act (Tabaco case, Desierto case)
There is no single impulse test

Complex crime proper

Doctrine of Common element Batulanon case


It is the crime that is indispensable to be committed for the offender to
achieve his purpose
There is no estafa by falsification of private documents

Define pro reo principle

Equipoise rule

Special Complex Crime determine the intent

Examples
*Rape with Homicide Art. 266-b

If homicide has been committed, and then rape was subsequently


committed
- it shall be Homicide qualified to Murder it shall be the aggravating
circumstance of scoffing at the corpse

*Robbery with Rape


-roberry is the main intention, rape may occur before, during and after
the robbery

most crimes are intent based offenses

Reckless imprudence covered by Robbery with Homicide

*Arson with homicide


- the intention to destroy property by fire, and someone was killed.
Article 321 of the RPC

*Murder, qualifying intention of fire


- the intention is to kill someone by use of fire

*kidnapping with homicide, kidnapping with rape (only one crime is


committed)
-intent of the offender to detain .
if there was a considerable length of time as to victim was brought , it
becomes a complex crime of forcible abduction with rape

absolute immunity
functional immunity

diplomatic immunity

jurisdiction over Scarborough Shoal cite UNCLOS as authority PD 99


exclude all foreign nationals from EEZ

pardon is effective only after final judgment

regarding excessive penalties


People vs Corpuz

Substantive law cannot be amended by jurisprudence.


Article 5 of RPC, when there is excessive penalty, it is the duty of judge
to recommend executive clemency

Article 4 paragraph 1
One must be committing a felony (dolo) not reckless imprudence, you
are liable for all ogical and necessary consequences. Principal of
proximate cause.

Efficient intervening cause

If there is reckless imprudence do not apply Art. 4, Abarca case

Article 247 exempting circumstance, Abarca killed the paramour , the


SC did not apply the aberratio ictus rule

Killing of a person case of negligence


SC imposed destierro for protection of offender

a. Aberratio ictus
b. Praeter intentionem
c. Error in personam

Evident premeditation is not present if there is another person is killed


in case of (a) and (c)

Point out the missing element of the offense, and make a conclusion

Treachery applies if there is another person killed.


There is a crime of murder even if there no intention to kill. Possible.
Once the victim dies, even if there is no intent to kill, the crime is
homicide is applied at the very least. Intent is presumed.

One bullet which hit both, but did not kill the other victim. Murder
with serious physical injuries

Double murder one bullet killed both there is treachery


Murder with mitigating circumstance of lack of intent to commit so
grave a wrong in case of praeter intentionem.

Sudden and unexpected attack must be shown to have been purposely


adopted by the accused. If not, there is no treachery.

As a rule, treachery must be present at the inception of the crime.


Otherwise, there is no treachery unless it is divided into two stages.
Example: roadrage killing of the victim (murder)

If there is warning, there IS NO treachery. Except when there is


warning, the victim is not afforded opportunity to defend himself.

Article 6 (memorize)

Commission of an overt act determine as to when it is attempted,


frustrated or consummated.

The overt act must be present

Preparatory act is never a crime unless it is punishable by law

Chain of Custody

Regarding drugs, the first step in chain of custody is marking of


evidence and inventory in the police station. If there is warrant,
marking must be done where the warrant is served

Children in conflict with law

Probation the child must qualify, no probation shall be granted

When must the minor apply for probation? May be applied anytime
even during appeal, sentence. RA 9344

However in drugs cases, the minor an apply for probation even if the
penalty is above 6 years except when he is convicted for drug
trafficking or drug pushing
Padua vs Padua

Ra 10707