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NNY S Reviewer Criminal Law Book 1 SAN B PDF
NNY S Reviewer Criminal Law Book 1 SAN B PDF
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ð Is meant inaction, the failure to perform a positive duty which one is Requisites of culpable -aelonies:
bound to do. 1. -REEDOM ± without this, he is no longer a human being but a tool
2. INTELLIGENCE ± necessary to determine morality of human acts
3. He is IMPRUDENCE, NEGLIGENCE, LACK O- -ORESIGHT OR
Classification of felonies:
1. Intentional -elonies SKILL while doing the act or omitting to do an the act.
ð The act or omission of the offender is malicious.
2. Culpable -elonies [
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ð The act or omission of the offender is not malicious. ° Mala in se ± wrongful in nature; inherently immoral (i.e. rape, theft,
ð Unintentional. murder
There must be criminal intent
Imprudence- indicates a deficiency of action.
Negligence
ð indicates a deficiency in perception. ° Mala Prohibita ± wrong merely because prohibited by statute;
punished by special law (i.e. illegal possession of firearm s
Requisites of dolo it is sufficient if the prohibited act was intentionally
1. -REEDOM ± without this, he is no longer a human being but a tool done
2. INTELLIGENCE ± necessary to determine morality of human acts Good faith and absence of criminal intent are not
3. INTENT ± to commit the act with malice valid defenses in crimes punished by special laws
Motive and Intent
Mistake of fact ( ? ??
° Motive ± moving power which impels one to action for a definite result
ð Misapprehension of fact on the part of the person who caused injury Relevant if identity of accused is in dispute
to another. Existence however is not sufficient proof of guilt
° Intent ± purpose to use a particular means to effect such result
Requisites:
1. Act done would have been lawful had the facts been accused
believed them to be
2. Intention should be lawful
3. Mistake should be without fault or carel essness on the part of
the accused.
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tendency on the part of the actor.
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± he who is the Requisites of IC
cause of the cause is the cause of the evil caused. 1. Act is an offense against persons/property
2. With evil intent
Error in personae 3. Accomplishment is inherently impossible or means employed is either
-a mistake in the identity of the victim inadequate or ineffectual.
4. Act should not constitute a violation of another provision of the RPC
Aberratio ictus - misateke in the blow
-elonies against persons are:
Praeter intentionem - injuries result in greater than that intended. a. Parricide
b. Murder
Requisites of PAR 1: c. Homicide
1. Intentional felony has been commmited. d. Infanticide
2. Wrong done to the aggrieved party be the direct, natural and logical e. Abortion
consequence of the felony committed by the offender. f. Duel
g. Physical Injuries
Proximate cause h. Rape
that cause, which, in natural and continuous sequence, unbroken
by any efficient intervening cause produces the injury, and without -elonies against property:
which the result wo uld not have occurred a. Robbery
b. Brigandage
Natural c. Theft
ð Refers to an occurrence on the ordinary course of human life or d. Usurpation
events e. Culpable insolvency
Logical f. Swindling and other deceits
g. Chattel mortgage
h. Arson and other crimes involving destruction 3. The court should not suspend the execution of the sentence
i. Malicious mischief. 4. The judge should submit a statement to the CE, through the
secretary of justice, recommending executive clemency.
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2nd PAR:
1. The court after trail finds the accused guilty. Attempted felony
2. The penalty provided by law and which the court imposes for the ð When the offender commences the commission of a felony directly
crime committed appears to be clearly excessive because by overt acts and does not perform all the acts of execution which
a. The accused acted with lesses degree of malice should produce the felony by reason of some cause or accident
b. There is no injury or the injury caused is of lesses gr avity. other that his own spontaneous desistance.
the felony as a and does not perform all
Elements: consequence. the acts of execution.
1. The offender commences the commission of the felony directly by
overt acts.
2. He does not perform all the acts of execution which should produce +$<9 &
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the felony The evil intent of the offender is not accomplished.
3. The offender¶s act is not stopped by his own spontaneous The evil intent is It cannot be
desistance possible of accomplished
4. The non performance of all acts of execution was due to cause or accomplishment
accident other than his spontaneous desista nce. Prevented by the The means employed by
intervention of certain the offender is
Overt acts cause or accident in inadequate or
ð Some physical activity or deed, indicating the intention to commit a which the offender had ineffectual.
particular crime, more than a mere planning or preparation, which if no part.
carried to its complete termination following its natural course,
without being frustrated by external obstacles nor by the voluntary How to determine whether it is A, - or C?
desistance of the perpetrator, will logically and necessarily ripen 1. The nature of the offense
into a concrete offense 2. The elements constituting the felony
3. The manner of committing.
Indeterminate offense
ð Where the purpose of the offender in performing an act is not
certain. =
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ð The proportion of the acts constituting the crime, starting from the
point where the offender begins the commission of the crime to the Light -elonies
point where he has till control over his acts, including their natural ð Those infractions of law for the commission of which the penalty of
course. arresto menor or fine not exceeding 200 pesos or both, is provided.
Development of crime: L- punished by RPC
1. Internal acts ±mere ideas in the mind of a person 1. Slight physical injuries
2. External acts 2. Theft
a. Preparatory acts 3. Alteration of boundary remarks
b. Acts of execution. 4. Malicious mischief
5. Intriguing against honor.
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Offender has not accomplished his criminal
purpose
The offender performed Merely commences the
all the acts of execution commission of a felony
which would produce directly by overt acts
Classification of felonies acc to their gravity
1. Grave felonies
2. Less grave felonies
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o Reclusion temporal
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o Perpetual/temporary special disqualification
o Prison mayor
Requisites of conspiracy:
1. That 2 or more persons came to an agreement. Correctional penalties
2. That the agreement concerned the commission of a felony
o Prison correccional
3. The execution of the felony be decided upon.
o Arresto mayor
Conspiracy punished by law: o Suspension
1. to commit treason (also proposal o Destierro
2. to commit coup d¶état, rebellion or insurrection (also proposal
3. to commit sedition
4. in monopolies and combinations in restraint of trade @
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Requisites of proposal: ""!!
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1. A person has decided to commit a felony.
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2. That he proposes its execution to some other person/persons. &++
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Offenses under special laws are not subject to the provisions of the
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- are those where the act of a person is said to be in accordance
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law and is free from both criminal and civil liability.
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person defending himself.
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Sufficiency of provocation
1. Means should be proportionate to the act of aggression
Requisites of self-defense 2. Adequate to stir the aggressor to its commission.
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it. Battered woman
3. Lack of sufficient provocation on the part of the person defending ð Who is repeatedly subjected to any forceful physical or
himself. psychological behavior by a man in order to coerce her to do
something he wants her to do without concern for her rights.
2 kinds of aggression
1. Lawful Cycle of violence
2. Unlawful 1. The tension-building phase
ð Verbal or slight physical abuse or another form of hostile behavior.
Unlawful aggression 2. The acute battering incident
ð Equivalent to assault or at least threatened assault of an immediate ð Brutality, destructiveness and sometimes, death.
and imminent kind. 3. The tranquil, loving phase.
The test of reasonableness of the means used: Relatives that can be defended
1. The nature and quality of the weapons 1. Spouse
2. Physical condition, character and size. 2. Ascendants
3. Other circumstances considered. 3. Descendants
4. Legitimate, natural or adopted brothers and sisters or relatives by
3RD requisite considered present: affinity in the same degrees.
1. When no provocation at all was given to the aggressor by the 5. Relatives by consanguinity within the 4 th civil degree.
person defending himself.
2. When, even if a provocation was given, it was not sufficient Requisites of defense of relatives:
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it.
3. In case the provocation was given by the person attacked, the one
making a defense had no part therein.
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Exempting circumstances
ð Are those grounds for exemption from punishment because there is
wanting in the agent of the crime of the conditions which make the
act are voluntary or negligent.
Basis:
° on complete absence of intelligence, freedom of action, or intent, or on
the absence of negligence on the part of the accused.
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° The very attitude
Basis: ° The very comportment
Complete absence of intelligence ° And behavior of said minor
ð Not only before and during the commission of the act, but also after
and even during the trial
% Intent Discernment
? Desired act of the Relates to the moral
person significance that a
RA 9344 person ascribes to the
³Juvenile Justice and Welfare Act of 2006´ said act.
Raised the age of absolute irresponsibility from 9 to 15 years of age.
Discernment may be shown:
Basis: absence of intelligence.
1. Manner of committing the crime
2. Conduct of offender
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Elements:
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? 1. A person is performing a lawful act
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4. Without fault or intention of causing it.
Periods of criminal responsibility
1. Absolute irresponsibility
2. Conditional responsibility
Accident
3. -ull responsibility
ð Something that happen outside the sway of our will, and although it
4. Mitigated responsibility
comes about through some act of our will, lies beyond the bounds
of humanly foreseeable consequences.
Discernment
ð Who commits an act prohibited by law, is his mental capacity to Negligence
understand the difference between right and wrong
ð The failure to observe, for the protection of the interest of another
And
person, that degree of care, precaution and vigilance which
ð Such capacity may be known and should be determined by taking
circumstances justly demand without which such other person
into consideration all the facts and circumstances afforded by the
suffers injury.
records
° In each case Basis: lack of negligence and intent.
° The very appearance
Basis: complete absence of freedom
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Basis: complete absence of freedom.
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Elements: Elements:
1. The compulsion is by means of physical force 1. That an act is required by law to be done.
2. The physical force must be irresistible 2. That a person fails to perform such act
3. Physical force must come from a third person. 3. That his failure to perform such act was due to some lawful or
insuperable cause.
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Basis: he acts without intent.
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Absolutory causes
Elements: ð Those where the act committed is a crime but for reasons of public
The threat which causes the fear is of greater than or at least equal policy and senti ment there is no penalty imposed.
to, that which is required to commit.
) That it promises an evil of such gravity and imminence that the Instigation Entrapment
ordinary man would have succumbed it. The instigator practically Ways and means are
induces the would be resorted to for the
Requisites of uncontrollable fear: accused into the purpose of trapping and
1. Existence of an uncontrollable fear commission of the capturing the lawbreaker
2. The fear must be real and real i mminent offense and himself in the execution of
3. -ear of an injury is greater than or at least equal to that committed. becomes co principal. criminal plan
The accused must be No bar to the
acquitted prosecution and
Irresistible force Uncontrollable fear conviction of the
The offender uses The offender employs lawbreaker.
violence or physical intimidation or threat in The law enforcer The means originates
force to compel another compelling another to conceives the from the mind of the
person to commit a commit a crime. commission of the crime criminal
crime. and suggest to the
accused who adopts the
idea and carries it into
execution
the period which may be deemed proper, in view of the number and
nature of the conditions of exemption present or lacking.
Article 69.
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2 A penalty lower by one or two degrees than that
prescribed by law shall be imposed if the deed is not wholly
excusable by reason of the lack of some of the conditions required
to justify the same or to exempt from criminal liability in the several
cases mentioned in article 11 and 12, provided that the majority of
such conditions be present. The courts shall impose the penalty in
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Unintentional abortion
ð Committed by any person who, by violence, shall cause the killing )
of the foetus in the uterus or the violent expulsion of the foetus from
the maternal womb, causing its death, but unintentionally. " ? ? ? ? ???
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1. That there be a grave offense done to the one committing the
felony, his spouse, ascendants, descendants, legitimate, natural or
Provocation adopted brothers or sisters, or relatives by affinity within the same
ð Any unjust or improper conduct or act of the offended party, degrees.
capable of exciting, inciting or irritating any one. 2. That the felony is committed in vindication of such grave offense.
A lapse of time is allowed between the vindication and the doing of
Requisites: the grave offense.
1. Provocation must be sufficient
2. The act constituting the provocation Grave offense
3. The social standing of the person provoked ð Includes any act that is offensive to the offender or his relatives and
4. The place and time when the provocation is made the same need not be unlawful.
a. It must originate from the offended party Provocation Vindication
b. The provocation must be personal and directed to the accused It is made directly only The grave offense may
c. The provocation must be immediate to the commissio n of the to the person committing be committed also
crime by the person who is provoked. the felony against the offender¶s
relatives mentioned by
Sufficient law
ð To excite a person to commit wrong and must accordingly be The case that brought The offended party must
proportionate to its gravity. about the provocation have done a grave
need not be a grave offense to the offender
Sufficient provocation as As a mitigating offense or his relatives
requisite of incomplete circumstance mentioned by law
self-defense It is necessary that the The vindication of the
It pertains to its absence It pertains to its provocation or threat grave offense may be
on the part of the person presence on the part of immediately preceded proximate which admits
defending himself the offended party. the act of an interval of time
It is mere spite against It concerns the honor of
Basis: diminution of intelligence and intent the one giving the a person.
provocation or threat
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Requisites:
1. That the illness of the offender must diminish the exerc ise of his
will-power
2. That such illness should not deprive the offender of consciousness
of his acts.
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