Scribd Logo
Upload

Welcome to Scribd!

  • 06 Ateneo Blue Tips Criminal Law

    Uploaded by

    Alex Melegrito
    4 views16 pages

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    4 views16 pages

    06 Ateneo Blue Tips Criminal Law

    Uploaded by

    Alex Melegrito

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 16
    ATENEO CENTRAL AR OPERA 0 CRIMINAL LAW BLUE TIPS BAR OPERATIONS 201) eee | PRAYER FOR THE BAR EXAMINATIONS 0 God, we come before You ths day fas we are peparingistudyng forthe bar examinations, ‘This the mast important event in out ves, cone fl of consequences for our own uur, ‘and for the hopes and expeciaions of many who lve us and ‘re concerned fr us. out paren and eaves, Ur Inends, ‘ur proleseors who have worked hard lo prepare us fori We askforhel. Make our memories ready to recall the knowledge we have sloredin them by ou study. Help us to understand the full meaning of he questions and to se@ the exact answers Give us the fcity of expression to answer ‘leary and accurately ‘Give us peace of soul that we may not get upset under the pressure of he 1a5k ‘We cannot point 19 ou atl service in the pat a deserving of tis special help, ‘We do nt ask ths by our un ments. | We nave infact been careless and disobedient, ieee | Amen, When Justice X was about fo step ou ofthe elevator fo goto her chambers, ¥ blocked Justice X's path inal erme was commited? Obstruction of Justice “special thanks to Judge Oscer Pimentel (Ret), Dean Giovanni Valente, Atty. Rommel Abita, Atty. ‘Teo Anonuevo, Atty. Ronald Chua, and Atty. Axel Cruz. ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2019 BAR TER\MNATIONS, UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 10F 16 ATENEO CENTRAL BAR OPERATIONS 2079 CRIMINAL LAW BLUE TIPS CRIMINAL LAW! 21. Distinguish mate in se from mala prohibita CES oe ’Acre where the at done is inherent bad, eu, | A erme where te acl done isnot inherently ba, fend rong in nature, such that te generally | ei or wrong bul prohibited bylaw fr public gooe Condemned. The moral vals ofthe ofender are | and wafer. Anyone who volutariy commis the {atom info account im punshing the erime. Good | prohibited act ncurs ering! tabi, Good fat or fait or lack of criminal intent oF malee Is a | Gok of criminal intent or malice & nota defense etense. (Garcia v. CA. 2006) [Wis v'Ga Creo, 1909) 22, Whon can the RPC be enforced outside the jurisietion ofthe Philippines? ‘Commission ofan ollense whe ona Phitepine ship or ashi: 2) Forgery or countefet of any conor cutteney not of he Philp Islands or obigations ‘and securities esued by the Government af the Philippine stands 3. Commission of acis connected sath the naducton Ino the Philippines (lands ofthe ‘obtgations and securttes mentoned inthe preceding number 44. Whie being pubic officers or employees, commission ofan oflense inthe exercise of ther functions; oF 5. Commission of any cine against national seeuy andthe law f nations, (Art. 2. RPC) | | 23, What ate the SPLs that have extraterritorial application? | 1 Human Sacurty (See. 58) 2 AnicTraickng ef Perse (See. 26:8) 3. Grimes Against Intemational Humantatian Law (Sec. 17) NOTE: “Transnetonal Came’ under Ant-Chié Pornography Act may be prosecuied in the Priippnes. 4. When's a penal iaw that is beneficial to an accused not givan retroactive effect? Te ere th new law fs expresly mace inapplicele fo pending actions or existing causes of facton (Tavera v. Valdez, 1802), ane 2. Where the offenaeris © habitual eminal. (A. 22, RPC) 5. Differentiate Aberrato ictus, Error in Personae, and Prater intetionem, and th the rmina abit Sea "The injunous res & grealer than nat iondes Te i 9 rgoing eeunsionce (ht 3 para 3 PC) EE Maken Wostty 7. Tie peany presebed fre fecnycomested be hgh nan hat Ceretonrg oe oan wn foray soning oe er | singe set resus Iwo or moe pave ores grave felonies (4 8, RPO) oherwse, ho offenses shall be separate punishes 2. ne penaty prescribed fr the {etry comma be owe’ than that (ngoata ts mama pared i | 9, The te estab bythe next rocutng pragogh shat ol Be epieale the acs commited by the gay person sal so conte ‘bn atempt or huraten of ante rme,# hoa presebes a higher fenaly lor ether of the iar ‘tenses.'n whe case the pena proved fo" the ater or the o Whowaseeam (rae | ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2019 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 20F 16 ATENEO CENTRAL {AR OPERATIONS 2079 CRIMINAL LAW BLUE TIPS. 6. Pursuant to X's order, ¥ and Z discussed a plan to kill A. Thereafter, Y and Z went to the house of A.¥ approached A and asked fora cigarette. Afer A gave the cigarette, Y struck hhim on the nape with a piece of wood. A lost consciousness and laid motionless on the round. Z then stabbed A in the chest with a knife. The lower courts found Y and Z guilty of ‘murder. On appeal, 2 raised the defense that his act of stabbing constitutes an impossible Crime ae A was alroady dead when he stabbed him. Decide. Zs guily of murder Ks fact of death belore he was sadbed by Z cannot be suficienly established Nonetheless, even assuming tas ¥ who killed A ang thatthe laller was aveady deed when he was slabbed by 2, Zit liable for murder because othe presence of conspiracy. When Conspiracy is presen al ofthe conspirators are table as co-prncpals regardless ofthe extent and character of thei respecve ‘actve patcpation nthe commission othe crime (People v Cala, 2018) 7. When isa ight felony punishable? 1. Light felonies are punishable only when they have boon consummated (At 7. RPC) 2. But when light felonies are commited against persons or propery they are punishable even if they are only nth atemptd or rstrated sage (At 7. BPC) 5 Only principals and accomplices are liable for hot felonies (A. 18, REC) {4 Accessones are nt lable, even if hey are commie agasl persons or property (At. 16, RPC) (Reyes) 28.__Distinguish continued erime from transitory crime oor eT oa Cammy ‘Asingle cme, consisting of sees of acts but al fring rom one erminal resolution, Although there | commited (p. 702 Reyes Book 1) fn offense in which some acis material and fessenial to the chme and requste to is onsummation cccut in one place and some in ‘nathan | Example: A thief who takes from the yard of a | Example: In crime of esta, accused falsely house two game roosters belonging to two afeent | preended tobe an authorized agen ofa company | persons nas one enminal purpose, thus, ony one | Quezon Giy wile the fettous contact was | Simo. There is no series of ace for flerent | executedin Mandaluyong Turon v. Cruz, 1975) | purposes. ‘People v De Leon) (22. Compound crime v_complex crime proper v. special complex crime oe oe Pets eer Resuls when the olfender [Results when the ofander | Composed of wo or mare cimes, | Commits only a single felonious | comnts an offense which s a | But is Weated by the law ae a Setttom which two of more grave | necessary means fr commiting | single indivsiia and uniaue or less grave. elones, are | another afenee Art 48, RPC) "| offense for being the product of prodveed (An 48, RPC) fone’ criminal impulse. is 8 pectic crme with & special penalty provides by iw. (Poople | | ¥ Saga, 2016) NOTE: In a spacial complex | have no atlenpted oF tusrated | _| stages. } 10. _ Distinguish factual impossibly from legal impossibility Por LEGAL IMPOSSIBILITY Extaneovs efeumstances unknown to the actor of | Occus ware the intended acl, even # complete, | teyond his contol prevent the consummation of te | would not amount 0 een, | ‘landed crime | Tre folowing must be presen: Exam 1) te mative fo pero an ac vlan he a ‘Accused shat he place where he thought Nis icin | 2) an inienonte peta he piysea! at ‘route, aheugh ratty, he vcbm wos not presen | 3) me perlomance of entered phyveal ac and inthe sa place (nod 8 1992) ‘) econsequeres astg om ne nlended at does rot amount to acme. od v CA, 1992) Examsie: Kling of person sendy dead ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2019 BAR. EXAMINATIONS, UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 3OF 16 ATENEO CENTRAL ear an. Ms inter (People v Duta 2075) av Yes. OPERATIONS 2018 CRIMINAL LAW BLUE TIPS. ‘wnat are the kinds of unlawful CoA CS ‘an altack wih physical foree or witha weapon, | I'S an attack that is impending oral the pont of Oflensve act that posiively determines the | happening, must nol consist in & mere no he aggressor to cause the inary tmeatening altitude, nor must. be merely Imaginary. but must be ollensive and postvely Can defense of property be invoked as 2 justilying circumstance under paragraph 1 (sel- defonse) of Article 117 Based on Aricles 536,539, and 429 of the Civil Code a awl ower or possessor has a ight to resist wasion of property. To invoke ths, there nees not bea simultaneous atack onthe person of the owner tor poseessor (People v. Narvaez, 1983) ais. The Explain the eycle of violence in Battered Woman Syndrome (BWS}. ‘batiered woman syndrome fs characterized by the cycle of welance, whch has thee phases: (1) jorbulding phase, (2) acule battering incident: and (3) te anqui loving, oF atleast nan-votent phase, During the tension-building phase, minor ballering accu's, which could be verbal or sight physical abuse tor another form of hostile benavor The woman usually Wes 10 Paci the baller through 2 show of kin hutturng behavior. oF by simply slaying out of is way. The ‘acute battering incident is characterized by beutalty, destuctveness or, death, Dung this phase the nas no contol only the batter may put an end fo the velence. She has a sense of detachment from the attack ond the terble pain, although sha may later leary remember every deta The final phase of the cycle of wolence begine when the acute Battering incident ends. ‘Outing ths tranquil period, the couple experience profound rele. The batterer may show a tender and purtueng behavior towerds his partner He knows tnathe has been veously crcl and es to make uo for {Lbegging for er forgiveness an promising neva o bea her again. For defense of BW'S to prosper atleast two cycles must be established. (People v. Genosa, 2004) 14, What ar the examples of aggravating circumstances absorbed by treachery? 1. Nightime, in sofa as renders the victim defenseless (People v Hlot, 2000) 2. Abuse of superar strength (People v Gaballo, 1999), 3 Employing means ta weaken the defense (People v Saotong, 1957) 2 Cra, rau or asguise, may be absorbes by teaehery if deliberately adopted as the ‘roars metho or frm forthe Weacherous strategy (Pepa v Lab-E0. 2002) 5. Disregard of age and sex (People v Comerier, 1974) 8. By aband (People v Ampo-en, 1080) 16, While chatting withthe President of the Republic ofthe Philippines inthe wake of her father, Xuwas slapped by her younger sister, ¥. Y also shouted expletives against X. Assuming Y is Tnminally Hable under the RPC, what are the elrcumstanees that can be appreciated for oF fsgainstY, if any? ‘the aggeeatng ereumstance ofthe commission ofa crime nthe presence ofthe Chet Executive may be dnyenated, The presence ofthe Chie! Execuive alone 9 anyplace whera the crime is commited is tess wh even i he 8 nol engaged in te dscnargo of his dubes, (Reyes, Book 1) The alternative a ance of relaionshyp may also be an aggravating ckcumstance. IY 1s found guiy ofthe cxime of ‘erous physical injuries or SIGN physical iyunes, the fact that the offended party isa relative of a tigher degree of he offender makes il an aggravating creumstance, ie the THE nen the fender, at Been “Srevously | by final judgment before | his release or last offense 1 which the law Distinguish recidivism, quesi-secidivism, habitual delinquency, fom reteracion. ST CC Coy PMA Winen the _oflender,| When the offender shal ‘witin a period of 10 | nave been punished Years from the date of | previously for an ‘When the oflender wh Time’ of his tal for | commis a felony after “cme, shall have | having been comicles vacted by final | begining i serve such | conviction ofthe crimes |afaches an equal oF fRipment of” anather | sentence, or who | of serous or less | greator penalty or for Erme embraced in the | serving the sam js physical | two or more crimes 10 BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2019 OAR. EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED, PAGE 4 OF 16 ATENEO CENTRAL. BAR OPERATIONS 2019 roo oT seme le ofthe Revised Penal Code (Art 14, para 9, RPC) ‘be punished by the maximum period ofthe penalty prescribed. by the law for tho. new | {felony (Ar. 160, RPC) SS _ 17. Can quasi-recidvism be offset by ordinary No. The special aggravating crcumstance of quasi Grcumstance, because Acie 160 spect maximum period of the penalty prescribed bylaw or 18, _ Distinguish instigation trom entrapment Pee Means by whic the accused 1s lured into te Commission of the offense charged in oder to prosecute rim. fealy provees thal the offender “shall De CRIMINAL LAW BLUE TIPS ro roa Pte injures, robbery, thet stata or fasion. 6 found guity of any of Seid eres third te or lanes. (Art 62 eC) when atlaches a Toghter penalty (AM. 14 para, 10, RPC) 1 mitigating circumstance? ociivem cannot be ofsel by any onary migating punished by the thernew felony" (REVES) EI Empioyment of such ways and means for the purpose of Fapping or capturing a laworeaker. Officers inet, duce. tsigate, oF lwe an sczused info comming an offense which he trou olherige not commit and has no ineiion | of comm ‘rarinalinlent ar design 10 commit the ofense ‘harged onginaes inthe mind othe accused. and stters merely focitate the apprehension of the trimal by employing schemes, ‘Where law enforcers act as co-prncipals, the | accused have to be aoquites. {Peopiev. Gaye, 2008) 219, Whats the extent ofthe abi ‘person i able forthe act of his coco 4. The crime c 2. The enime commited, even i rot agreed upon or spar ‘Cannot bar prosecution and conviction. ty ofa conspirator as regards the acts of is co-conspirators? snmitit is the one planned and agreed upd by the person and his co-conspirators: planned y the conspirators, was te direct, natural, Tape sansequence o_o related 1, or was necessary 10 fect he cme agreed upon oF 2. He has know“edge prevent he 3c or (2)e a not disassociate him 1220, Define the following a. prescribed penalty Prescribed penalty rolersto the penalty provided in fore auch consists ofa range of perod of tie. Imposabie penalty conser, rmociiyng ercumstances pres to be posed imposable penalty Jmposed penalty; and The one ordered bythe cour ‘The imposed penalty = 4d, complex penalty, 1 complex penalty pertain to penalties GidsuIe penalty of composed of tvee if Temporada, 2008, At. 77, RPC) 1 prasenbod ‘An accused died pending app na judge ant. 4 The death ofthe accuse prot to rectly arising trom and based solely onthe ote ‘The claim for cil libity survives notwithstanc provicated ona surce of obigaton other than dk Where the civ tabilly survives, an action for 1 eparate cil acon enforced ener ‘he statute of imitations on the chi case, fo avoid apprehension on a possible privat i sably ce {ME BLUE TIPS ARE EXCLUSIV EXAMINATIONS, UNAUTHORIZED USE AND REP? PAGE Stine acto ns co-conspirator tat was beyond the conspiracy. and (1) he fas 10 el om he plan, (Reyes, 528-20) tne law asthe general pena forthe felonies defined y of he evidence presented, such asthe attending or {inthe commission olen when aflects the computation ofthe penalty 1A rat he accused wil actualy serve bylaw containing twee perods. whether as single iponates, each ane forming. a poricd. (People. rel Discuss the effects of his death on his abilities. terminates hs eminal Faby, and the cil Nabil nse commited i also terminated jing the death of accused, ithe same may also be it ie. lows, conivact, quas-contracts,quas/-decs) covery may be pursued but only by way of fling & ‘agsna the executo/administator oc the esate ofthe accused: ane fomed interrupted during te pendency of the cma of ight by prescription, (People v.Layeg, 2016) /ELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2019 BAR "RODUCTION OF THIS MATERIAL IS PROHIBITED. SOF 18 ATENEO CENTRAL, {BAR OPERATIONS 2018 CRIMINAL LAW BLUE TIPS 1222. When isthe benefit ofthe Indeterminate Sentence Law not applicable? 1) Persons convicted of offenses punishable with death penalty, reiusionperpetua, o fe imprisonment. 2) Those convcte of reason, conspiracy or proposal to commit eason; 5) Those convicted of misprsion of weason, bation, secon or espionage: 4) Those convicted of pracy 5) Those wha are nabiual delinquents {8} Those who shall have escaped from confinement or evaded sentence; 17) Those who violated the tems of conditional pardon granted to them by the Chie! Executive {8} Those whose maximum fem of imprsanment does not exceed one year '9} Those whe, upon the approval othe law [5 Dec. 1833), had been sentenced by fina judgment; and 40) Thave sentenced to the penaly of deserre oF suspension (Act. No 4103, Sec 2) (222, Howie the ISL applied toa) the RPC and (b) SPLS? 2) Application to RPC tthe offense is punished by the RPC, the court shall sentence the accused fo

    You might also like