 Intent to kill= discernment ba??

 Mas grabi punishment sa pataka aim

 If wala namatay, mao na mu matter na ang intent
 Robbery force and inti
o No frustrated
o Attempted-if wala pa ka kuha
o No need to go out if nakuha nimo
o If nang guba cya, para kasulod= force and inti
o Force was not used to get inside
 Upon entry no robbery
 But sa cabinet na= dri na
 What if wa guba ang cabinet
o Gigawas niya para e break outside
o Theft of the cabinet/attempted robbery of the thing inside
 Consummate ra if naa force on the cabinet
 No more frustrated theft- by analogy daw robbery thru force and intimi
 Arson- wai sure if wala na ba frustrated dri- boao kai wala na frustrated
 Malversation- pwede culpa or dolo
o Child abuse sd
 Kasohan tika, if di nimo ilisan ako grado- if tinuod jd nga nasayop ang grado?
 Robbery with force upon things- killing is not foreseeable
o But if violence or intimidation, natural or logical consequence kai patay jd- foreseeable
o Kani foreseeable kai para di special complex
o Foreseeable ghapon ang homicide- so ma liab ang mastermind kung naa homicide
 Pero maka avoid ghapon sa foreseeable if imoo g prevent
 Soo if imoo g prevent jd- wala ka liab maski foreseeable pa or wala

 Basta special complex crime- ni expand pa jd ang conspiracy sa foreseeable
o Basta wala ka ka prevent and they were present
o Adaptation na cya sa quadrilla theory
 296 par. 2= only mentions robbery in band
 Applied to other special complex crime
 But if di special complex crime, di applied ang quad theory
 Foreseeable ra at best
 Ma aggravating diay rape sa robbery with homicide?
o But if wala cla kibaw sa rape, wala tong rape sa aggravating nila
 Kinds of complex crimes
o Ordinary and special
o Naa pa ba lain?
 By means- complex
o Another crime used for another crime
 Unsa tong absorbed sa loose??
 Complexing rules
 o Check if special complex- as stated in the law
o If absorbed- political, or inherent??
 Apil absorb ang special penal laws
 Example obstructions of justice
o If mu apply ang ordinary complex
o Last rank ang different crimes
 If crimes against persons, then single intent
 Complex daw?? Pero di all the time
 Ang single impulse- resulting to two crimes=daghan acts
o Another form of single act- resulting to two crimes= one penalty
 Jail- BJMP, LGU-CPDRC
o Pre-trial detainee
o Preventive detention
 If convicted in the past, no full credit
o 4/5
 First time= full credit
o Conditions: first time, complied with the conditions of the facility
 E release cya if ni reach na maximum penalty- preventive detainee
 If convicted
o Released if minimum on parole
o Art. 97- for time allowances
 No dq for heinous crimes
o Naa new GCTA
 Naa dq for heinous crimes

 Pardon- can extinguish private crimes
o Rape
o Adultery
o Defamation
 Unsa tong pre-empts??
 Estafa
o Needs demand
o Consummated na pero need ug demand para maka file
o If e waive before demand, ma extinguish
o No demand, not actionable
 Prescription
o If sa lupon, ma suspended
o Prosecutor’s office- suspended
 If e dismiss niya- dagan balik
o Once it reaches the court, it will never prescribe anymore??
 Xpn: provisional dismissal- pila mu last
 Less than 6 yrs- one year
 More than- 2 yrs
  Within these yrs e refile
 Different from prescription kai wala jd kai g file dri
 When mag sugod run
o Registration of real prop
 Lahi ug rule
 Trial in absentia ug judgment in absentia
o Dapat juris over case- wala na prescription ani
o Juris over person
o Arraign
 Prescription of penalty
o Promulgation of sentence
o Start of serving sentence
o Escape
 We do not go so far as to sustain the arguments that only violations of statutes enacted by the
national legislature can give rise to "crimes" or "a criminal record" as these terms are used in
our law on local governments or the law of public officers. However, we take cognizance of the
distinction in the law of municipal corporations which distinguishes between acts not essentially
criminal relating to municipal regulations for the promotion of peace, good order, health, safety,
and comfort of residents and acts in, intrinsically punishable as public offenses. (See cases cited
in Dillon, A Treatise On The Law of Municipal Corporations, Vol. II, 5th Edition, Sections 745, 746,
and 749.) A penalty imposed for the breach of a municipal regulation is not necessarily an
exercise of the sovereign authority, to define crimes and provide for their punishment,
delegated to a local government. In many cases, the penalty is merely intended not to render
the ordinance inoperative or useless.

 No attempted or frustrated kung unintentional abortion

o Kai presupposes intention
o Soo kung wa namatay ang bata, wai crime kung wa gtuyo
o

Questions:

1. Pg 258 campanilla. Naa lagi police sa public authorities??

2. Page 55 notes. What if killing was the main purpose, then they entered the house by destroying
the door, killed the victim, and then took their belongings, would the destruction of the door
qualify the subsequent taking of property from theft to robbery with use of force upon things?
3. Mu apply ba ang rule nga separate ang light felonies sa complex crime proper? Yes
4. Single act pero ang mahitabo kai 3 naigo?? Unsay ngalan?
5. Cuadrilla- what if naa ka didto, pero naa ka sa lain room, then sa pikas room naa gpatay. Liab ka?
 1. Unsay distinction sa boats sa mga laws sa piracy??
2. Ngano sa tulin kai ngano dli article 122 ila gamit??
3. Mutiny is punished only Articles 122 and 123 of RPC. There is no mutiny in PD 532, nor is it
included in the amendments to the RPC by RA 7659.
• Mutiny can be qualified.
• Considering that piracy in Philippine waters under Article 122 was only made possible by virtue
of RA 7659 and the latter law does not include mutiny, the basis for the extraterritorial effect of
mutiny is Article 2 of the RPC and not RA 7659.
-kung 122 iya basis diba high seas ra man jd iya definition jd??

5. kung extra-territorial cya kai maski naa sa juris sa lain country pwede cya??

6. may be charged with arbitrary detention through negligence.

7. If the reason for continued detention of the suspect is not by an act or negligence of the arresting
officer, such as when the case was already filed with the prosecutor’s office and the investigating
prosecutor took time to resolve the inquest, can the arresting officer be liable for the delay?

8. Juan was arrested without a warrant for pushing dangerous drugs. He was detained for two weeks
before a case was filed against him with the prosecutor’s office. It took one month for the prosecutor to
finally file the Information in court because his case was not treated as inquest. Was there a violation of
Article 125?

• There was violation of Article 125 because he was detained for one month.

• The filing of the case with the prosecutor’s office is not filing with the judicial authorities.

9. the crime is qualified.

• Agent – must of a serious character.

10. dapat para aid of persons in authority ka, dapat ba nga in performance imo g aidan??

11. In order for there to be a violation of Art. 151, there has to be resistance or serious disobedience of
a lawful order from a person in authority.

12. TUMULTUOUS DISTURBANCE (Art. 153) dapat four pd??

13.
• The offender is usually an outsider, but he may also be an employee or even another prisoner.
A jail warden cannot commit this crime.

14. Juan got hold of a check representing a teacher’s salary. By pretending to be the teacher and
signing as the payee of the check, he was able to encash the check. Is this a violation of Art. 167?
-wa diay cya nag falsify sa signature dri?? If nag falsify cya signature- forgery of intruments payable
to bearer na?

15. ARTICLE 201. Immoral Doctrines, Obscene Publications and Exhibitions.- baligya porn di diay na
pwede??

1. Prostitutes under the RPC requires habituality in engaging in sexual intercourse or lascivious
conduct.
• It is not necessarily for a fee.
2. Q: If it is a sexual act in the public market, now there is indecency in a public beach. What
would the crime be?
A: It can be under Art. 201 for indecent public. Can it be grave scandal? IT IS A CATCH ALL
PROVISION which can be filed ONLY if there is NO OTHER crime. Because it is like the
receiving bin. It is like an impossible crime where it can only be filed when no other crime is
committed. This one typically completes the checklist for obscene shows, then it will be filed
under 201 rather than 200 for indecent shows.
3. What if ning solicit dayon naa jd authority cya, so wala nangilad? Unsay crime??
4. A person who was judicially declared dead, and later on reappeared, was killed by one’s
spouse, would it still be a crime?
• Yes, he is only presumed dead because of his absence. If that person reappears, the declaration
will be mooted.
5. Intent to kill kai mu apply ba sa mistake in person??
6. For example, in strafing, the firing is aimed at a person, probably, or at a house and
somebody died. You cannot say that there was an intent to kill if somebody eventually died.
7. Juan fired at someone who was inside the house of Pedro and Pedro was injured. The injuries
were less serious in nature. There was no evidence of any intent to kill. What is the crime?
• The crime is less serious physical injuries because Juan intended to injure somebody but
intent to kill was absent.

Under the facts in (b), what would be the crime committed by Richard if he did not know that they
belonged to Juan, to be applied for payment to Pedro? Explain.

The crime here would be theft because there is taking of property belonging to another, without his
consent, and with intent to gain, regardless of the ownership of the jewelies.