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    2015 Utopia Criminal Law

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    of 12
    The Fraternal Order of UTOPIA ATENEO de MANILA UNIVERSITY ‘SCHOOL OF LAW SINCE 1964 For tomorrow shall cast a myriad of mighty storms that only those with firm determination and Utopian vision do survive CRIMINAL LAW TIPS Bar Operations 2015 BOOK ONE What are the differences between mala in se and mala prohibita? Generally, punished by the Revised Penal | Generally, punished by special penal laws Code Inherently immoral even if they are punished | Not inherently immoral, but punishable only by special penal laws because the law forbids them Criminal intent is material for conviction Criminal intent is immaterial and the mere (Dungo v. People, G:R. No; 209464), : a! Is criminal intent materi doing of the act constitutes the violation, j yn? | for technical malversai No. Criminal, intent is not.matefial: in technical maiversation for It,is mala prohibita. The law punishes. the act of diverting. public property earmarked by law of ordinance for a particular public purpose to another public: purpose. (¥sidoro, What is the "Doctrine of Pro Reo"? People,,G:R. No, 192330) Where the evidence on ansissue of fact isin question or there is doubt on which side the evidence weighs, the doubt should be resolved in favor. of the accused. This is in consonance with the fundamental rule that all doubts shall’ be construed in favor of the accused and consistent with the presumption of innocence of the accused: (Amanquiton v. People, G. No: 186080) When may the provisions/of the Revised Penal Code be enforceable beyond the territorial jurisdi n of the Phil pines? The provisions of the Revised Penal Code shall be enforcéable outside the jurisdiction of the Philippines against those who: 1 2. 3 Should commit, an offense while on a Philippine ship or airship; Should; forge orcounterfeit any coin or currency note ofthe Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; Should’ be, liable: for acts connected with the. introduction into thése islands of the obligations and-securities mentioned ‘in the preceding number; While being public officers or employees, shotld:commit an ote in the exercise of their functions; or Should commit any, of thé*ccimes. against, national’gécurity and defined in Title One:of Book Two of this Code, (RPC,art. The English Rule on offenses. committed) aboard foreign merchant vessels (US v. Fowler, 1 Phil. 614) rhe law of nations, Page 1 of 12 THE FRATERNAL ORDER OF UTOPIA Criminal Law Tips Bar Operations 2015 The accused, intending to kill a person, showered the latter's bedroom with bullets. But unknown to the accused, the intended victim was not at home at that time so no harm came to him. What crime is the accused guilty of? The accused is guilty of committing an impossible crime because of the factual impossibility of producing a crime. Factual impossibility occurs when extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime. Since the Intended victim was not at home, the consummation of the crime could not have taken place. (Intod v. Court of Appeals, G.R. No. 103119) Is it required that the acts of conspiracy of each accused be proven by direct evidence? No. The acts of conspiracy of each accused need not be ‘directly! proved as it can be inferred from-the acts of the accused prior. to, during or subsequent to the incident. What is material is that the actions:of the accused pertain to a joint purpose, concert of action or community of interest Jn conspiracy an.act one Js the dct of all (Eeople ¥. Garchitorena, G.R. No, 175605)‘ : moment the. Sitrerts agree, expressly or: mo ‘ta.commit the,subject felony. (People v. Carandang, G.R. No. Conspiracy. and prapasal.te commit felony. are jpunishable only in the cases in which the law specially provides a penalty therefor. What are these cases? Conspiracy: 1. Conspiracy: to commik treason (RPC, art. 115), 2. Conspiracy to commit coup d'etat, rebellion or insurrection (RPC, art. 136) 3. Conspiracy to. commit sedition (RPC, art, 141) 2 4. Conspiracy to.commit arson (P,D. No. 1613, Sec. 8) Proposal; @ 1, Proposal to commit treason (RPC, art. 145) 2. Proposal to SPpmaeoue dietat, rebellion or insuri What is the difference betw Conspirators decidelithat a crime should be committed’ and accomplices merely concur in it. Accomplices do ngt'decide..whether,thev:crime should be’ committed. They merely assent to the planiand cadperate ints accomplishment, (Peaple v. de Vera, G.R. No. 128966) can emotional or spiritual insanity be considered as an exempting circumstance? No. The insanity that is exempting Is limited only to mental aberration or disease of the mind and must completely impair the intelligence of the accused. (People v. Dungo, GR. No. 89420) What is the difference between the mitigating circumstance of provocation from passion and obfuscation? Sufficient provocation means that the provocation is adequate to excite a person to commit the wrong and must accordingly be proportionate to its gravity. (People v. Nabora, 73 Phil, 434) Page 2 of 12 ‘THE FRATERNAL ORDER OF UTOPIA. Criminal Law Tips Bar Operations 2015 As for “passion and obfuscation” in the commission of a felony, it is necessary to show the causes or special motives which have produced in the mind of the offender those stimulants so powerful that they naturally resulted in passion and obfuscation overcoming reason. The guilty party must act under the impulse of such special motives originating from lawful sentiments. (People v. Mil 92 SCRA 89) It must be noted, however, that both provocation, and passion or obfuscation cannot co-exist if based on the same fact or motive, In such a case, only one of the mitigating circumstances may be invoked. (People v. Pagal, No. L-32040) Is the fact that the offender is a policeman sufficient to consider him as to have taken advantage of his public position in the commission of the crime? No. The.fact.that.the accused. is,a. policeman. isnot, sufficient.to. establish that he misused his public position A canals ae the crime. iu he accused could have position. (People v. Villamo GR. Can disregard of | homicide? No. Disregard of old age cannot, besa homicide becauise it is.asérime against property may be taken into account only in crimes. a¢ No. L-60087)) 5 oe eee e Can the aggravating circumstance of by a band be appreciated if one of the four armed malefactors is a principal by inducement? No. For the aggravating circumstance of by a band, It is necessary that the four armed persons must all2be. principals, by. direct-participation who acted together in the execution of the acts constituting the crime. (Gamara v. Valero, G.R. No. 36210) When is there freachery’ There is treachery when the-offender commits any of the crimes! against persons, employing means, methods, or forms in the execution, which tend directly, and specially to insure its execution), without risk to ‘the offender arising from the defense which the offended party, might make. (People v. Escleto, G.R. No. 183706), Is a continued /contini ing ctime,a complex crime? No. A continised/eontinuing ctime.is fnot.a complex crime, becauise:the offender in a continued/continuing crimédoes not perform a single act, but’a series of acts, and one offense Is not a necessary, meahsifor: committing,thevother. (People vy, De Leon, 49 Phil. 437) 4 i : The complaint charged the accused: of ‘the complex crime of robbery with homicide. During trial, the elements of homicide were not proven. The accused raises the defense that he can no longer be convicted of robbery. Is his defense correct? No. A complaint charging the commission of the complex crime of robbery. with homicide must necessarily prove each of the component offenses. However, where a complex crime is charged and the evidence fails to support the charge as to one of the component offenses, the defendant can still be convicted of the other. (People v. Maribung, GR. No, L-47500) Page 3 of 12 ‘THE FRATERNAL ORDER OF UTOPIA Criminal Law Tips Bar Operations 2015 An offense isa necessary | Where the aw provides a A single act constitutes two means for committing the | single penalty for two or | or more grave or less grave other (RPC, art. 48) more component offenses | felonies (RPC, art. 48) | (Madsali v. People of the} | Philippines, GR. No. | 179570) | What is the three-fold rule? The rule provides that the maximum duration of the convict’s sentence shall not be more than three..(3), times. the-Jength,. Penalties imposed Upon 48 (Complex crimes)apply to acts (Quasi-offenses) of the Revised | enal Code? i at asi under Article 365. It is conceptually: impossible-for.a quasi-offense-to-stand for ingle-act-constituting two or More grave of less grave. felonies; of,.(2)aneoffense:whichsisyaynecessary, means for committing another. Article 365 is a single quasi-offense by itself and as such cannot be complexed: (Ivler y Aguilar v. Modesto-San Pedra G.R. No. 172716) 2 How do you appreciat offenses.commi :ted onthe occasion of rebellion? Rebellion cannot be complexed with, ‘but-absorbs, acts committed in furtherance of the rebellious movement: (Peoplev. Hernandez, 99 Phil. $15) Conversely, offenses which were not committed in furtherance ofrebellion but for/personal reagons,or other motives are punished separately even if committed simultaneously with, the rebellious.acts. (People v. Olivia, et al., G.R, No. fee 288) What is the degree of force: needed to be Goployed to constitute » the crime of direct assault? If the victims a person in authority, the degree of force employed against him is immaterial 25 the:mere laying of hands on him is, sufficient, (U: 13658) However, ifthe victim is an agent of a person in authority, the ‘Violence, intimidation or resistance employed by the offender must be serious. (U.S. v.Tablanam G.R. No. L- 11847) Q irect assault: When is motive material'in the crime of « If the offense was perpetrated onl'the octasion of the performance by the victim of his official duties, the motive of the accused is immaterial. On the other hand, if the assault is not committed on the occasion of such performance, the assault must be by reason of the victim having performed such duties; in which case, motive is material. (U.S. v. Garcia, 20 Phil, 358) ing false information based on the reports made by his staff. not check the veracity of the reports and relied entirely on such reports. Can he be made liable for falsification? Yes. Relying entirely upon his staff's reports, without in any way checking them or having someone check them for him is guilty of falsification through reckless imprudence. (People v. Banas, G.R. No. 11761-R) Page 4 of 12 ‘THE FRATERNAL ORDER OF UTOPIA. Criminal Law Tips Bar Operations 2015 Can a Governor be held liable for technical malversation by using the “savings” under his administration for some other public use? No. Technical malversation requires that the public officer applies the public fund or Property to a public use other than that for which such fund or property has been appropriated by law or ordinance. Since savings are “unappropriated surplus", use of such does render him liable for technical malversation as the element of the crime which requires that the public fund used should have been appropriated by law or ordinance is missing. (People v. Viscarra, Criminal Case No. 27101 Sandiganbayan Case) In malversation of public funds, what is the effect of payment, indemnification or reimursement of the funds misappropriated? nelsisa uiblig fundé, pay) funds misappropriated may: be considered. as a voluntary surrender. (Lu uig.v. People; G.R..Nc When the killing ‘of a person of another was proven without intent to,kill, is the crime homicide or murder: It is murder. Because of the volunta ofthe qualifying circumstance of treachery, the: offense’ Was’ qualified the offense to. murder instead of homicide notwithstanding the absence of the intent to kill. (People v. Cagoco, 58 Phil. 530) Can there be homicide even if,intent to kill is absent? ited, even if there is no intent\to“kill, the crime is homicide and not merely physical injuries as intent to kill is conclusively presumed when death Is resulted, This is because with respect.to crimes of personal violence, the penal law looks particularly to the material results end:holds the aggressor-responsible for such. (U.S. v. Gloria, G.R. No. 1509) © See e i ‘ough sexual assault. Ps ae =| Always a man May be a man ora woman ‘Always a woman ~ ‘Through=penile penetration of ‘enis; into another jfithe vagina eanees 1S anal orifice, or any mee S Linstrument-or objéct"into the genital oranal orifice ofjanother person Penalty ‘Higher than sexual assault | Lower than rape through sexual a intercourse 7 (People v. Abulon, G.R. No; 174473). What is the effect of marriage in rape?” Marriage extinguishes not only the penal action but also the penalty that may be imposed. (Laceste v. Santos, G.R. No. L-36886, February 1, 1932) However, this rule does not apply where rape is committed by multiple accused because while the marriage with one accused extinguishes his criminal liability, its benefits cannot be extended to the acts committed by the others of which he Is a co-principal. (People v. Bernardo, 38 OG 3479) Page 5 of 12 ‘THE FRATERNAL ORDER OF UTOPIA Criminal Law Tips Bar Operations 2015 In incestuous rape by close kin, is it necessary that actual force and intimidation be employed? No. In rape committed by close kin, such as the victim's father, stepfather, uncle, or the common-law spouse of her mother, it is not necessary that actual force or intimidation be employed. Moral influence or ascendancy takes the place of violence and intimidation. (People v. Deligero, G.R. No. 189280) What is the difference between attempted rape and acts of lasciviousness? The fundamental difference between attempted rape and acts of lasciviousness Is the offender's intent to lie with the female. In rape, intent to lie with the female is indispensable but this element is not required in acts of lasciviousness. (Cruz v. People, G.R. No. 166441) Does Illegal Detention require that the Nee faclosure but .Crisostomo, No. prota restraint is suffic jent in criminal deprivation of personal liberty. i @ of the victim’ was due to:fear caused by 131619-20) Where a homicide took place on occasion n of the robbery, canan accused argued that he cannot be convicted of the special complex crime of robbery with homicide since he did not participate in the killing? No. When a homicide takes place by reason of or on the occasion of the robbery, all those who took part shall be guilty of the special complex crime of robbery with homicide whether they actually participated in the Killing, unless there Is proof that there was an endeavor to prevent the killing. (People v. Orosco,.G.R. No. 209227) Is there a complexicrime | of estafa through falsification of private document? No. If the falsificationof a private document is committed as-a means to commit estafa, the'/proper, crime to bei a ‘ged is falsificat jecessity of “fals: estafa, (Batulanonv: People, G.R. No. 139857) Can Estafa be committed throiigh:negl No. Jurisprudence prévides that thre can be ne estafa th¥ough negligence. At worst, the accused should only be held civilly liable. (Lim-v..Court of Appeals, G.R. No. 102784) In case both burning and death occur, how do you determine what crime/crimes was/were perpetrated? . If the main objective is the burning of the building or edifice, but death results by reason or on the occasion thereof, the crime is simply arson; 2. If the main objective Is to kill a particular person who may be in a building or edifice, when fire is resorted to as the means to accomplish such goal the crime committed Is murder only; and 3. If the objective Is to kill a particular person, and in fact the offender has already done so, but fire is resorted to as a means to cover up the killing, then there are two Page 6 of 12 ‘THE FRATERNAL ORDER OF UTOPIA Criminal Law Tips Bar Operations 2015. separate and distinct crimes committed homicide/murder and arson. (People v. Malngan, G.R. No 170470) H married to W, then courted another woman whom he also married. W filed a complaint for bigamy against H and L. Is L guilty of bigamy? It depends. If L knew that H whom she married was already a married man, she Is liable as an accomplice to the crime of bigamy. If L did not know that H was married, L incurs no criminal liability. (People v. Archilla, G.R. No. L-15632; People v. Nepomuceno, Jr, G.R. No, L-40624) When is the absence of actual malice a valid defense in libel? The defense. of absence. of actual malice, even when the. statement. turns out to be false, is available where the offenced party alic official or a public figure, — However, where thé offended party is'a private individual, the prosecution need not prove the presence of malice. The law expl fence (Malice in law) from the defamatory character of the assailed st that he has a justifiable‘reason, for the, (Disini v. Secretary. of tustic. epthe accused must show even if fact true. The prosecutor raises the fact that intent to possess\prohibited-drugs need not be proven for the conviction under the Dangerous Drugs Act (DDA) since the crime is a mala prohibita. Is such contention correct? No. Although the BDA\is acmala prohibita, the prosecution must still prove that the accused had the intent to. possess (animus possidendi) the drugs. (People.of the Philippines v. Macabare, G.R, No. G.R, No.479941) —— A ee ee Je scene of the crime is only mandator virtue of a court-issued: Warrant, specifically, at the place.,where the jarrant.js served. However, ina buy-bust. situation,..marking of the dangétous drug’may.be-done in the Presence of: the violator in, the neafest ‘police Station onthe nearest office of the apprehending team.,(Reople v. Salvador, G.R. No. 190621) What is the proof required to%convict a. and illegal possession of dangerous drugs In illegal sale of dangerous drlgs,. proof that’ the transaction or sale actually occurred, coupled with the presentation in court of the substance seized as evidence is sufficient. In illegal possession of dangerous drugs, on the other hand, possession of dangerous drugs constitutes prima facie evidence of knowledge or animus possidendi sufficient to convict an accused in the absence of a satisfactory explanation of such possession (People v. Resurreccion, G.R. No. 188310) Page 7 of 12 ‘THE FRATERNAL ORDER OF UTOPIA Criminal Law Tips Bar Operations 2015 Indeterminate Sentence Law To whom is the Indeterminate Sentence Law not applicable? It shall not be applicable to persons: 1. Convicted of offenses punished with death penalty or life Imprisonment. 2. Convicted of treason, conspiracy, or proposal to commit treason; misprision of treason, rebellion, sedition or espionage; or piracy. Who are habitual delinquents. Who shall have escaped from confinement or evaded sentence. Who violated the terms of conditional pardon. Whose maximum term of imprisonment does not exceed one year. Who, upon the approval of the law, had been sentenced by final judgment. Sentenced to.the penalye ol destin or suspension (Act. No, 4102, ,Secs. and 2) exonae 93028) Probation Law Who cannot be granted) grobatig nz The benefits of the Prabation Law, shall no! extend to those: sentenced to,serve-a maximum term of imprisonment of more than six years; convicted of any offense against national security or public order; who have previouisly been convicted by-finalsjudgment of an offense punished by imprisonment of not less than 1 month and 1 day and/or a fine.of not less than P200; 2 who have been once\on ‘probation; who are already serving sentence; whose conviction is on appeal; convicted of,election parses and convicted of drug} Sec. 264) enue eNom 1. When the appeal isimerely; intended for the, correction of, the penalty imposed by the lower court, which when cofrected-would entitle the accused to apply for probation; and : 2, When the appeal is merely intended to review the crime for which the accused was convicted and that the accused should only be liable to the lesser offense which is necessarily included in the crime for which he was originally convicted and the proper penalty imposable is within the probationable period. (Colinares v People, G.R. No. 182748) Page 8 of 12 THE FRATERNAL ORDER OF UTOPIA. Criminal Law Tips Bar Operations 2015 Anti = Graft and Corrupt Practices Act Under the Anti-Graft and Corrupt Practices Act, what gifts are prohibited? Is there an exception? Any gift is prohibited if the gift is, under the circumstances, manifestly excessive However, unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token’ of gratitude of friendship according to local custom or usage. (R.A. 3019, Secs. 3 and 14) What are the elements for a violation of Sec. 3(e) of the Anti-Graft and Corrupt Practices Act? 1. The offender.is.a public officer; 2. The act was done in the @ discharge judicial functions;* 3. The act was done| en manifest pa negligence; and. valid’information under this Act, Isipending in Court shall be Re Use;of the word “office” the same applies, to any office which jot-only the particular office” under which he was 61776) Ptundatite crite “committed: by any public oicer, by himself or in connivance with his family, relatives,by affinity of consanguinity, business associates, subordinates or other ggregate amount or total value of af ledst.P50 Million, It is also cortmitted by anyotie wi ‘participated with mmission of an offense contributing athe crime.of plunder shall likewise:be punished oo uchsoffens 6 What (R.A. 7080, Sec. 4) What is the wheel or circle conspiracy in plunder? It is a conspiracy wherein a single person or group (called the hub) dealing individually with two or more other persons or groups (called the spokes) are enclosed in a rim which is the common goal of amassing, accumulating and acquiring of ill-gotten wealth. (Estrada v. Sandiganbayan, G.R. No. 148965) Page 9 of 12 THE FRATERNAL ORDER OF UTOPIA Criminal Law Tips Bar Operations 2015 Bouncing Checks Law What are the requirements for the presumption of knowledge of insuffici funds to arise? For this presumption to arise, the prosecution must prove the following: 1. The check Is presented within ninety (90) days from the date of the check; 2. The drawer or maker of the check receives notice that such check has not been paid by the drawee; and 3. The drawer or maker of the check fails to pay the holder of the check the amount due thereon, or make arrangements for payment in full within five (5) banking days after receiving notice that such check has not been paid by the drawee. (6.P. Big 22, Sec. 2) ccount oF for value; he does not for Insufticent funds or credit of dishonor:for the same reason | had not the Wena 10,v. a Anti = Fencing Law _ 1. The rime of ropbery

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