CLAW 3

Mangua, Jan Bryan L. Mr. Hilario Dumaual

BsCrim 2-3

Sept 10, 2020

Assignments:
1. Distinguish substantive from procedural law.
 Substantive law establishes the rights and obligations that govern people and
organizations, it includes all laws of general and specific applicability.
 Procedural law establishes the legal rules by which substantive law is created, applied
and enforced, particularly in a court of law.

Substantive law refers to all categories of public and private law, including the law of contracts,
real property, torts, and Criminal Law. For example, criminal law defines certain behavior as
illegal and lists the elements the government must prove to convict a person of a crime. In
contrast, the rights of an accused person that are guaranteed by the Fourth, Fifth, and Sixth
Amendments to the U.S. Constitution are part of a body of criminal procedural law.

2. Distinguish ex post facto law from bill of attainder.

 Bills of attainder are such special acts of the legislature, as inflict capital punishments upon
persons supposed to be guilty of high offences, such as treason and felony, without any
conviction in the ordinary course of judicial proceedings. If an act inflicts a milder degree of
punishment than death, it is called a bill of pains and penalties. In such cases, the legislature
assumes judicial magistracy, pronouncing upon the guilt of the party without any of the
common forms and guards of trial, and satisfying itself with proofs, when such proofs are within
its reach, whether they are conformable to the rules of evidence, or not. In short, in all such
cases, the legislature exercises the highest power of sovereignty, and what may be properly
deemed an irresponsible despotic discretion, being governed solely by what it deems political
necessity or expediency, and too often under the influence of unreasonable fears, or unfounded
suspicions. The phrase “bill of attainder,” as used in this clause and in clause 1 of 10, applies to
bills of pains and penalties as well as to the traditional bills of attainder.

 EX POST FACTO LAWS both federal and state governments are prohibited from enacting ex post
facto laws, and the Court applies the same analysis whether the law in question is a federal or a
state enactment. When these prohibitions were adopted as part of the original Constitution,
many persons understood the term ex post facto laws to “embrace all retrospective laws, or
laws governing or controlling past transactions, whether of a civil or a criminal nature.
Sept 15, 2020
Assignments:
1. What is archipelagic doctrine?
 An archipelagic state is a designation used for island countries that consist of an archipelago.
The designation is legally defined by the United Nations Convention on the Law of the Sea. In
various conferences, The Bahamas, Fiji, Indonesia, Papua New Guinea and the Philippines are
the five original sovereign states that obtained approval in the UN Convention on the Law of the
Sea signed in Montego Bay, Jamaica on 10 December 1982 and qualified as the archipelagic
states.

2. What is the importance of venue in a criminal case? What is the exception to the rule of venue in a
criminal case?
 In a criminal case, venue refers to the county or district where a case will be decided. Some
states consider venue a fact that the prosecution must prove in order to obtain a valid
conviction. So, the prosecution might have to prove, for example, that the county courthouse
where the proceedings are occurring is the proper place. Some states don’t require the
prosecutor to prove venue unless the defendant presents some evidence that the venue is
wrong. In states that require the prosecution to prove venue, failing to prove venue may lead to
case dismissal or an invalid conviction. Proving that venue is proper typically means proving
where the alleged crime occurred. Circumstantial evidence may be enough to prove where the
acts in question happened, or direct testimony might establish that venue is proper.

3. Who is a habitual delinquent?

 a person shall be deemed to be habitual delinquent if within a period of ten years from the date
of his release or last conviction of the crimes of robo, hurto, estafa, or falsificacion, he is found
guilty of any of said crimes a third time or oftener.

Sept 19, 2020

Assignment:
1. Why should the Spanisht prevails over the English text if there is a conflict between the two versions?
 The Certificate in Criminal Justice and Spanish Cultural and Language Competency prepares
students to speak conversational Spanish and to gain competency in Spanish cultures and
literature. This certificate represents a valuable credential for those seeking to enter a criminal
justice profession that often demands practical skills in understanding and working with diverse
cultures. This certificate is designed to enhance your knowledge in the Spanish language and
culture and it significance in the criminal justice professions. Criminal justice graduates with
Spanish competency will distinguish themselves from other entering the field. This is because
you will be able to converse with Spanish – speaking law enforcement officers, witnesses, or
clients and make yourself more marketable in areas with large Hispanic populations.

2. What is a Special Crime Complex?

 This is one which in substance is made up of more than one crime but which in the eyes of the
law is only a single indivisible offense. This is also known as a special complex crime. Examples
are robbery with homicide, robbery with rape, and rape with homicide.
Sept 26, 2020
Assignment:
1. Does Philippine Law still strictly adhere to Criminal Theory? Explain.
 This entry starts by identifying criminal law features that make this so. It then also asks what
function is fulfilled by the body of law, and what justifies its creation and continued existence.
We must consider its proper limits if criminal law should be withdrawn. We have to consider its
proper boundaries. We must take into account the condition under which agents should be
criminally liable for whatever procedures fall and evidence should govern attempts to establish
criminal liability.

2. Explain: Venue is Jurisdictional in a criminal case

 Venue is jurisdictional in criminal cases. It can neither be waived nor subjected to stipulation.
The right venue must exist as a matter of law. Thus, for territorial jurisdiction to attach, the
criminal action must be instituted and tried in the proper court of the municipality, city, or
province where the offense was committed or where any of its essential ingredients took place.

3. What is a foreign merchant ship?

 All foreign merchant ships and persons thereon fall under the jurisdiction of a coastal state as
they enter its internal waters. Whether this jurisdiction is absolute or otherwise is still a matter
of controversy. Some writers hold the view that the coastal state has no jurisdiction in regard to
matters which affect only the internal order of the ship or which concern merely the relations
between members of the crew or passengers; while many others maintain that such a ship falls
completely under the local jurisdiction, although as a matter of courtesy or comity, this
jurisdiction is not exercised in matters of internal order of the ship.

4. What are the two schools of thought in determining which country has jurisdiction if a crime was
committed in a foreign merchant while anchored anchored in the territory of another country?
 Classical and Positivist School

5. What is the rule followed in the Philippines?

 The rule of law is a principle of governance in which all persons, institutions and entities, public
and private, including the State itself, are accountable to laws that are publicly promulgated,
equally enforced and independently adjudicated, and which are consistent with international
human rights norms and standards. It requires, as well, measures to ensure adherence to the
principles of supremacy of law, equality before the law, accountability to the law, fairness in the
application of the law, separation of powers, participation in decision-making, legal certainty,
avoidance of arbitrariness and procedural and legal transparency.

6. What is the rule of warships?

 Art. 2 of the Revised penal Code provides:
“Except as provided in the treaties and laws of preferential application, the provisions of this Code shall
be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction against those who:
1) Should commit an offense while on a Philippine ship or airship;
2) Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
3) Should be liable for acts connected with the introduction into these islands of the forged or
counterfeited obligations and securities;
4) While being public officers or employees, should commit an offense in the exercise of their functions;
or
5) Should commit any of the crimes against national security and the law of nations;
6) Should destroy or cause destruction to the maritime/marine zone, the Exclusive Economic Zone (EEZ)
and the natural resources within the EEZ of the Philippines.
7. What are the elements of felonies?
 There must be an act or omission.
 Punishable by law.
 Incurred by means of deceit or fault.

8. The failure to perform a positive duty which one is bound to do. There must be a law requiring or
performance of an act.
 Equal opportunity is about more than just fixing issues as they arise. True equal opportunity
means creating an environment where unfair treatment and problem behavior is unlikely to
happen in the first place. Under the Equal Opportunity Act 2010, organizations have a positive
duty to eliminate discrimination, sexual harassment and victimization as far as possible. This
means that positive action should be taken to prevent these behaviors regardless of whether
someone has made a complaint.

9. Cite two crimes which are based on omission

 Sometimes a close relative of the victim can be held liable for the victim's death if he or
she failed to act. If a father watches his child drown in a shallow pool and does nothing, he  may
be guilty of homicide on account of the responsibility he holds for his child's life. Similarly, a
mother can be criminally liable for her child's death if she fails to administer or procure medical
treatment while knowing that such an omission will lead to death .
 However, when statute specifically requires action on the part of a citizen, saying "I didn't do
any harm" is not enough. In these case, harm is done to society by not acting. Failing to pay
taxes, child support, and alimony are a few recognizable examples of omission as actus reus.

10. Classification of felonies

 Many states, plus the federal criminal code, categorize their felony crimes by degree of
seriousness, from the most serious to the least.
 States group their felonies in order to assign punishment on an orderly basis.

11. Intentional Felonies

 The act is performed or the omission incurred with deliberate intent or malice to do an injury.

12. Culpable felonies

 Culpable felonies the act is performed without malice.

13. Cite two culpable felonies

 If it is committed by means of fault, then it is culpa or otherwise known as culpable felonies such
as reckless imprudence resulting in damage to properties.
 There is dolo if there exist malice or deliberate intent. There is culpa when the felony results
from negligence, imprudence, lack of foresight or lack of skill.

14. What are the three reasons why the act or omission in felonies must be voluntary?
 To constitute a voluntary act for which a person may be held criminally liable, the act must resul
t from the person's conscious choice.
 A criminal act may take the form of affirmative conduct, such as the crime of murder, or it may t
ake the form of an omission to act, such as the crime of withholding information from the police
. However, in order for an act to be considered criminal, it must be voluntary.
 In the majority of criminal cases, the voluntary nature of a defendant's act is not at issue. Until
something in evidence indicates to the contrary, a court may presume that a defendant has
acted with the intent to carry out the bodily movements for which she is being prosecuted.

15. What are the requisites of dolo or malice?

 Freedom- the power or right to act, speak, or think as one wants without hindrance or restraint.
 Intelligence- the collection of information of military or political value.
 Intent- is the determination to do a certain thing, an aim or purpose of the mind. It is the design
to resolve or determination by which a person acts.
Oct 6, 2020
Assignment:
1. Do you agree with the acquittal of Ah Chong and the conviction of the two police officers?
 I think the evidence as to many of the essential and vital facts in this case is limited to the
testimony of the accused himself, because from the very nature of these facts and from the
circumstances surrounding the incident upon which these proceedings rest, no other evidence
as to these facts was available either to the prosecution or to the defense. For me, giving the
accused the benefit of the doubt as to the weight of the evidence touching those details of the
incident as to which there can be said to be any doubt, the following statement of the material
facts disclose by the record may be taken to be substantially correct.

2. Explain requisites of culpa:

 1. Freedom- the power or right to act, speak, or think as one wants without hindrance or
restraint.
 2. Intelligence- the collection of information of military or political value.
 3. Negligence, Imprudence, Lack of Foresight, Lack of Skill
Negligence - it indicates a deficiency of perception; failure to pay proper attention and to use
diligence in foreseeing the injury or damage impending to be caused; usually involves lack of
foresight.
Imprudence it indicates a deficiency of action; failure to take the necessary precaution to avoid
injury to person or damage to property usually involves lack of skill.

3. He wanted to kill President Roxas. It did not make any difference to him if there were some people
who would be killed because the killing of those who surrounded the president was tantamount to the
killing of the Chief Executive.
Defense of the accused: 1. If the president was killed that dolo 2. If other person were killed that was
culpa
Was the accused correct? Explain
 I think is no, Culpable felonies involve those wrongs done as a result of an act performed
without malice or criminal design. From the said article, the elements of crimes committed by
means of dolo are freedom, intelligence, and intent, whereas the elements of felonies by means
of culpa are freedom, intelligence, and negligence.

Oct 07, 2020

Assignment:
1. Distinguish mala in se from mala prohibita

2. What are the requisites of par. 1 of Article 4?
 A person is liable or responsible for a crime when he or she has acted with criminal intent,
opposed to acting accidentally or lacking the ability to act deliberately. This article discusses
what constitutes criminal liability. Those who are naturalized in accordance with law. Citizens of
the Philippines who marry aliens shall retain their citizenship, unless by their act or omission,
they are deemed, under the law to have renounced it. The constitution outlines the relationship
between each state, as well as the United States federal government. It also empowers congress
to admit new states and administers the territories and other federal lands.
Oct 26, 2020
Assignment:
1. What are the requisites of impossible crime?
 Is committed by any person performed an act which would be an offense against persons or
property, were it not for the inherent impossibly of its accomplishments or an account of the
employment of inadequate or in affectual means. Thus the requisites of an impossible crime are
that the act performed would be an offense against person or property, that the act was done
with evil intent and that I its accomplishments was inherently impossible, or the means
employed was either inadequate or ineffectual.

2. Enumerate the crimes against persons and property.

 Destruction of Life, Physical Injuries, Rape, Murder, Robbery, Bribery, Burglary and Arson.

3. Was there spontaneous desistance in this case?

 Is committed by any person performing and act which would be an offense against persons or
property, were it not for the inherent impossibility of its accomplishments or an account of the
employment of inadequate or in affectual means. Thus the requisites of an impossible crime are
that the act performed would be an offense against person or property, that the act was done
with evil intent and that it’s accomplishment was inherently impossible, or the means employed
was either inadequate or ineffectual.

4. What crime if any was committed?

 The Revised Penal Code criminalizes a whole class of acts that are generally accepted as
criminal, such as the taking of a life whether through murder or homicide, rape, robbery and
theft, and treason. The code also penalizes other acts which are considered criminal in the
Philippines, such as adultery concubinage, abortion. It expressly defines the elements that each
crime comprises and the existence of all these elements have to be proven beyond reasonable
doubt in order to ensure conviction.

5. Distinguish Attempted from frustrated felony.

 A felony is consummated when all the elements necessary for its execution and
accomplishments are present for its execution and accomplishments are present. It is frustrated
when the offender performs all the acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by reason of cause independent of the
will of the perpretator.

6. Consummated Felony
 When all the elements necessary for its execution and accomplishments are present, and it is
frustrated when the offender performs all the acts of execution which produce the felony as a
consequence but which, nevertheless, do not produce it by reason of causes independent.

7. All the elements necessary for the execution and accomplishment are present.
 The offender has performed all the acts of execution to produce the felony as a consequence
but the crime does not result due to come cause independent of the will of the offender.

8. Formal from material crimes.

 Is the body of law that relates to crime, it proscribes conduct perceived as threatening, harmful,
or other-wise endangering to the property, health, safety, and moral welfare of people inclusive
of one self. Most criminal law is established by statute, which is to say that the laws are enacted
by a legislature. Criminal law includes the punishment and rehabilitation of people who violate
such laws.

9. What are the light felonies punished by RPC?

 Light felonies are those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or both, is provided. Article 10. Offenses not subject to
the provisions of this Code.
Oct 28, 2020
Assignment:
1. What is a special penal law?
 Apart from the crimes penalized in the Revised Penal Code, several other pieces of criminal
legislation have been passed, penalizing acts such as illegal possession and trafficking of
dangerous drugs, money laundering, and illegal possession of firearms. These laws are called
“Special Penal Laws” and they form part of Philippine Criminal Laws. There are certain
differences between crimes punished under the Revised Penal Code and Special Penal Laws.
Violations of the crimes listed in the Revised Penal Code are referred to as mala in se, which
literally means, that the act is inherently evil or bad or wrongful in itself. On the other hand,
violations of Special Penal Laws are generally referred to as malum prohibitum or an act that is
wrong because it is prohibited. Thus, no criminal intent is needed in order to find a person liable
for crimes punished under Special Penal Laws. As long as the act is committed, then it is
punishable as a crime under law.

2. Who are accomplices?

 Accomplices are those who, not being principals cooperate in the execution of the offense by
previous or simultaneous act (Act 18, RPC). There must be a community of design that is
knowing the criminal design of the principal by direct participation, he concurs with the latter in
his purpose. There must be a relation between the acts done by the principal and those
attributed to the person charged as accomplice.

3. Who are accessories?

 Accessories are those who having knowledge of the commission of the crime, and without
having participated therein, either as principals or accomplices, take part subsequent to its
commission in any or the following manners.
Nov 05, 2020
Assignment:
1. What is a matter of dense? Explain
 Is an attempt to avoid criminal or civil liability besides contesting the accuracy of any allegation
made against then in a criminal or civil proceeding, a defendant may also make allegations
against the prosecutors or plaintiff or raise a defense, arguing that even if the allegations against
the defendant are true, the defendant is nevertheless not liable.

2. How does the classical theory view self-defense? How about the positivist theory?
 The major difference between the two theories are that classical school is mainly based on free
will and suggest that crime as a choice, where’s positivism criminology argues that crime is not a
choice.

3. There can be no self-defense, complete or incomplete unless the victim has committed an unlawful
aggression.
 Is the act of inflicting physical harm or unwanted physical contact upon a person or. In come
specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a
tort and, therefore may result in criminal prosecution, civil liability, or both. Generally the
common law definition is the same in criminal and tort law.

4. Wife and her paramour were lying in bed. Husband who saw them in that position assaulted the
paramour. The latter defended himself and in the process killed the husband. Can the paramour invoke
self-defense considering that it was the husband who was guilty of unlawful aggression? Explain.
 As a Criminology student, the did not break the law by attacking his wife’s lover become he
caught her in an act of obscenity in a room and together in the same bed next to each other so I
can’t blame her husband for doing bad things to his wife and her lover, as a true husband she
has the right to be angry with her husband and her lover so sometimes brag about violence. The
husband cannot be prosecuted for assaulting his wife and his lover even if it leads to the killing
of them because there is a laws that when the husband is caught with another partner, even if
they are killed they will released and acquitted husband and will be removed from the scene of
the murder.

5. People v. Panganiban 22 S 817

In view of the number of wounds of the deceased, nineteen (19) in number the plea of self-defense
cannot be seriously entertained. Why?
 Self- defense under our criminal law, is one of the justifying circumstances where by the person
being accused of a crime may be exempted from criminal liability, provided that all the elements
laid down under the law are established. To be certain it is provided under Article II of the
Revised Penal Code of the Philippines.

6. Husband was kneeling over his wife as she lay on her back on the ground and his hand choking her.
Wife pulled out a knife and inserted it at the left side of the husband's belt hitting the left back portion
just below the waist resulting into the death of the husband. Was there a reasonable necessity of the
use of the knife? Explain.
 As a Criminology student, the wife use of the knife was to protect herself from his husband,
because it choked on his neck so it lead to the stubbing of his wife in the left back just below the
waist resulting in the death of his wife.

7. What are the requisites of paragraph 2?

 Legal systems vary between counties, with their differences, analyzed in comparative law. In
Civil law jurisdictions, a legislature or other central bodies codifies and consolidates the law. In
common law systems. Judge make binding case law through president, although on occasion
this may be overturned by a higher count or the legislature.

8. Who can be defended under paragraph 2?

  Rights are the fundamental normative rules about what is allowed of people or owed to people
according to same legal system, social convention or ethical theory rights are of essential
importance in such disciplines as laws and ethics, especially theories of justice and deontology.

9. What is the basis of the defense of a stranger?

 If a defendant uses defensive force because of a threat of deadly or grievous harm by the other
person, or a reasonable perception of such harm, the defendant is said to have a perfect self-
defense justification. If defendant uses defensive force because of such a perception, and the
perception is not reasonable, the defendant may have an imperfect self-defense as an excuse.

10. Avoidance of greater or evil injury

 That causes a claimant to suffer loss or harm, resulting in legal liability for the person who
commits the tortious act. It can include intentional infliction of emotional distress, negligence
financial losses, injuries, invasion of privacy, and many other things.

11. Paragraph 5 Fulfillment of a duty or a lawful exercise of a right or office. What are the requisites of
paragraph 5?
 If the first requisites is present and the second is not, accused is entitled to the privileged
mitigating circumstances of incomplete fulfillment of duty or lawful exercise of right of office.
According to article 69 of the Revised Penal Code, the penalty lower by one or two degrees than
that prescribed by law shall, in such case, be imposed. While it is appellant’s duty as a provincial
guard to prevent the escape of the victim, his act of shooting and killing the latter is unjustified.
He already had wounded him on the thigh while at a distance of about four meters away from
the victim and the wound the latter had sustained would have made it difficult for him to run
away because he would have limped.

12. P v. de Lima 46 P 738

A escaped from jail. Accused, a policeman found him in a house. He demanded for the surrender of who
stroke and pointed a bamboo in the shape of a lance. The policeman fired at the accused who ran away
without parting his weapon. Accused followed and fired again his gun at who was hit.
Was the policeman criminally liable? Explain.
 In an effort to control police misconduct, there is an accelerating trend for civilian agencies to
engage directly in investigation and to have greater inputs into disciplinary decisions. To protect
their interests, some officer have resorted to verbal intimidation as well as physical violence
against civilians attempting to record their misdeeds. In order other circumstances, police will
illegally seize or delete evidence recorded by civilians, in spite of laws that make it a crime to
destroy evidence of a crime to destroy evidence of a crime being committed.

13. Paragraph 6. Obedience to an order issued for some lawful purpose. What are the requisites of
paragraph 6?
 A soldier’s obedience to the orders of his superior. In the performance of an act which is, in and
of itself, considered to be criminal, whether the order and the obedience may constitute a
defense available to the soldier should be prosecuted for commission of the act by any court or
tribunal has long troubled thinking by legal scholars. A conflict arises in this areas because of the
apparent conflict arises in their area because of the apparent conflict of two important policies,
each of which are believed to be beneficial within the community of mankind.
Dec 09, 2020
Art. 12 Exempting circumstances
1. Imbecile or insane person unless the latter acted during a lucid interval.
a. Who is an imbecile?
 It was formerly a technical term in legal and psychiatric contexts for some kinds of the profound
intellectual disability where the mental age is two years or less, and the person cannot guard
themselves against common physical dangers. The term was gradually replace by the term was
gradually replaced by the term profound mental retardation. Along with terms like moron,
imbecile and cretin, its use to describe people with mental disabilities is archaic and considered
to be offensive.

b. When does insanity exist?

 Are terms describe a spectrum of individual and group behavior that are characterized by
certain abnormal mental or behavioral patterns, insanity can be manifest as violations of
societal norms including a person or person’s becoming a danger to themselves or to other
people. Conceptually, mental insanity also is associated with the biological phenomenon of
contagion as in the case of copycat suicides.

2. What is discernment?
 The process of individual discernment has steps that can be taken in order to achieve a level of
discernment. The following actions can be made when making decisions of discernment, taking
time in making decisions, using both the head and heart, and assessing important values
involved in the situation. Time has been considered necessary in the process of making a smart
choice and decisions made in a hurry can be altered by lack of contemplation. When time is
available to assess the situation it improves the discernment process. When time allots the
tentative decision can be revisited days later and external people can be consulted to make sure
that the individual is satisfied with their choice.

3. What is a diversion program?

 Also known as a pretrial diversion program or pretrial intervention program, in the criminal
justice system is a form of pretrial sentencing in which a criminal offender. Joins a rehabilitation
program to help remedy the behavior leading to the original arrest, allow the offender to avoid
conviction and in some jurisdictions avoid a criminal record. Diversion programs often frame
these requirements as an alternative to court or police involvement or, if these institutions are
already involved, fort her prosecution.

4. Is accused entitled to the mitigating circumstance of paragraph 3?

 In law provocation is when a person is considered to have committed a criminal act partly
because of a preceding set of events that might causes a reasonable person to lose self-control.
This makes them less morally culpable than if the act was premediated and done out of pure
malice. It affects the quality of the actor state of mind as an indicator of moral blame
worthiness. Provocation is often a mitigating factor in sentencing. It rarely serves as a legal
defense, meaning it does not stop the defendant from being guilty of the crime. It may however,
lead to lesser punishment.

5. May accused avail paragraph 5? Explain.

 The Revised Penal Code criminalizes a whole class of acts that are generally accepted as
criminal, such as the taking of a life whether through murder or homicide, rape, robbery, and
theft, and treason. The code also penalizes other acts which are considered criminal in the
Philippines, such as adultery, concubinage and abortion. It expressly defines the elements that
each crime comprises, and the existence of all these elements have to be proven beyond
reasonable doubt in order to secure conviction.

6. What is extra judicial confession?

  Is a confession made out of court and not as a part of a judicial examination or investigation,
such a confession must be corroborated by some other proof of the corpus delicti or else it is
insufficient to warrant a conviction. Extra judicial confession are those which are made to any
person other than those authorized by law to take confession

7. What is judicial confession?

 Is a declaration made by a party in a judicial proceeding, that confession constitutes full proof
against the party who made it any state proof against the party adverse to the person in
authority or not and whether made to a person in authority or not and whether made in words
or otherwise. A confession may be admitted in evidence so long as it is relevant to any matter in
issue and not excluded under the courts discretion.

8. MIDTERM - Part 1-Distinguish:

1. Justifying and exempting circumstance.
 The presence of certain circumstances have the effect of removing, mitigating or aggravating
criminal liability of person’s. Persons who commits crimes when justifying circumstances are
present do not incur criminal or civil liability. Acting in self-defense is one of these justifying
circumstances on the other hand will exempt the perpetrator from civil liability. Some of these
exempting circumstances are imbecility or youth. On the other hand, the presence of one or
more mitigating circumstances when a crime is committed, can serve to reduce the penalty
imposed.

2. Ordinary and privileged mitigating circumstances

 Upon a person under 12 but over 9 years old of age, who is exempt from liability by reason of
the court having declared that he acted with discernment, a discretionary penalty shall be
imposed, but always lower by 2 degrees at least than that prescribed by law for the crime which
he committed.

3. Provocation from vindication

 In law, provocation is when a person is considered to have committed a criminal act partly
because of a preceding set of events that might cause a reasonable person to lose self-control.
This makes them less morally cupuble than if the act was premeditated and done out of pure
malice it rarely serves as a legal defense, meaning it does not stop the defendant from being
guilty of the crime.

4. Passion or obfuscation from irresistible force

 While passion or obfuscation is a mitigating circumstances, irresistible force is an exempting
circumstances. Passion of obfuscation cannot give rise to an irresistible force because irresistible
force requires physical force. Is in the offender himself, while irresistible force must come from a
third person. Passion or obfuscation mustarise from lawful sentiments, whereas, the irresistible
force is lawful.

5. Entrapment from instigation

 Is a practice in which a law enforcement agent or agent of the state induces a person to commit
a crime that the person would have other conception and planning of an offense by an officer or
agent, and the procurement of its commission by one who would not have perpetrated it except
for the tricky, persuasion or fraud of the officer or state agent.

6. Mala in se from mala prohibita

 Refers to crimes such as murder, rape, and theft. These contrast with mala prohibita offenses,
which are actions that are considered wrong because they violate the law, not because they are
morally wrong.

7. Formal from material crimes

  A crime is an unlawful act punishable by a state or other authority. The term crime does not, in
modern criminal law, have any sample and universally accepted definition, through statury
definitions have been provided for curtain purposes.

8. Conspiracy from proposal

 In some countries or for some conspiracies may require that at least one overt act be
undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the
number participating in the conspiracy and, in most countries, no requirement that any steps
have been taken to put the plan into effect. For the purposes of concurrence, the actus reus is a
continuing one and parties may join the plot later and incur joint liability and co-conspirations
have been acquitted or cannot be traced.
9. French Rule from British Rule
 The rule was devised and approved by the British Admiral Courts, which maintained that if a
neutral nation were prohibited from a particular type of trade during peacetime, then it would
also be prohibited from the same variety during wartime. The rationale behind this rule was that
the neutral nation was aiding the enemy. The rule has never been ratified by international law.

10 Intentional from culpable felonies

 The most serious level of culpability, justifying the most serious levels of punishments, is
achieved when both these components are actually present in the accused mind. A person who
plans and executes a crime is considered, rightly or wrongly, a more serious danger to the
public, than one who acts spontaneously whether out of the sudden opportunity to steal, or out
of anger to injure another. But intent can also come from the common laws views point as well.
Dec 23, 2020
Part 2
Definition:
1. Territoriality
 Is a term associated with nonverbal communication that refers to how people use space
territory to communicate ownership or occupancy of areas and possession, the anthropological
concept branches from the observation of animal ownership behavior, personal space can be
regarded as a bubble with a person at the center, forming an area which the person does not
wish to be invaded.
2. English Rule
 Is a rule controlling assessment of lawyer’s fees arising out of litigation, the English rule provided
that the party who loses in court pays the other party’s legal costs. The English rule contrasts
with the American rule, under which each party is generally.
3. Classical Theory
 Is based on the beliefs that workers only have physical and economic needs it does not take into
account social needs or job satisfaction, but instead advocates a specialization of labor,
centralized, leadership, and decision-making and profit maximization.
4. Grave Felony
 Are those to which the law attaches the capital punishment or penalties which in any of their
periods are afflictive, in accordance with article
5. Exempting circumstance
 These are defenses where the accused committed a crime but is not criminally liable. There is a
crime and there is civil liability but no criminal. The basis is the lack of any of the elements which
makes the act/omission voluntary, freedom, intelligence, intent, or due case.
6. Frustrated Felony
 When the offender performs all the acts of execution which should produce the felony as a
consequence, but which, nevertheless do not produce it by reason of causes independent of the
will of the perpetrator.
7. Culpa
 Is a Latin, Spanish, and Portuguese word meaning guilt or fault. It may also be referring to
criminal negligence, called culpa in several legal systems.
8. Moral turpitude
 Is basically one that was done recklessly or with evil, intent, and which shocks the public
conscience as inherently base, vile or depraved, contrary to the rules of morality and the duties
owed between people or to society in general
9. Police Power
 Is the capacity of the states to regulate behavior and enforce order within their territory for the
betterment of the health, safety, morals, and general welfare of their inhabitants
10. Impossible Crime
 Is an act which would be an offense against person or property, were it not for the inherent
impossibly of its accomplishments or on account of the employment of inadequate or
ineffectual means

Part 3
Enumeration
Requisites:
1. Voluntary surrender and plea of guilty
 Voluntary surrender- is a circumstance that reduces the penalty for the offense. Its requisites as
a mitigating circumstance are that the accused has not been actually arrested, the accused
surrenders himself to a person in authority or the latter's agent, and the surrender is voluntary.
  Plea of Guilty- Determination of punishment. — When the defendant pleads guilty to a
complaint or information, if the court accepts the plea and has discretion as to the punishment
for the offense, it may hear witnesses to determine what punishment shall be imposed.

2. Defense of a relative and a stranger

 Defense of a relative- any person who acts in defense of the person or rights of his spouse,
ascendants, descendants, legitimate, natural or adopted brothers/sisters or relative by affinity in
the same degree.

3. Impossible crime
 To be impossible under this clause, the act intended by the offender must be by its nature one
impossible of accomplishment. There must be either (1) legal impossibility, or (2) physical
impossibility of accomplishing the intended act in order to qualify the act as an impossible
crime.

4. Passion and obfuscation

 In criminal law, a crime of passion is a crime committed in the "heat of passion" in response to
provocation, as opposed to one that was premeditated or deliberated. ... Furthermore, for a
defendant to have acted in the heat of passion, he or she must have been succumbed to
adequate provocation.
 Obfuscation- It has been held that there is passional obfuscation when the crime was committed
due to an uncontrollable burst of passion provoked by prior unjust or improper acts, or due to a
legitimate stimulus so powerful as to overcome reason. The obfuscation must originate from
lawful feelings.

5. Uncontrollable fear
 The fear of crime refers to the fear of being a victim of crime as opposed to the actual
probability of being a victim of crime, along with fear of the streets and the fear of youth, is said
to have been in Western Culture for time immemorial. While fear of crime can be differentiated
into public feeling, thoughts and behaviors about the personal risk of criminal victimization,
distinction can also be made between tendencies to see situations as fearful, the actual
experience while in those situations.

6. Mistake of fact as defense

 One important qualifications, however is that this mistake a defendant cannot later claim that
he or she was mistaken when he or she actually knew the situation. Likewise must be one that
would appear reasonable to a judge or duty.

7. Fulfillment of a duty or a lawful exercise of an office

 If the first requisity is present and second is circumstances of incomplete fulfillment of duty or
lawful exercise of right or office. According to article 69 of the Revised Penal code, the penalty
lower by one or two degrees than that prescribed by law shall, in such case be imposed.

8. Dolo or malice
 That the acts done would have been lawful had the facts been as the accused believed them t
be intention of the accused is lawful, mistake must be without fault of carelessness. Negligence
or fault, as distinguishable from dolus (deceit, fraud), which implies intent, culpa being
imputable to defect of intellect, dolus to defect of heart of heart while dolo is malice.

9. Passion or obfuscation
 Passion or obfuscation cannot co-exist with treachery, for a while in the mitigating
circumstances of passion or obfuscation of the offender lose his reason and self-control, in the
aggravating circumstance or treachery the made of attach must be consciously adopted. One
who loses his reason and self- control cannot be deliberately employ a particular means,
method or form of attack in the execution of a crime.

10. Exemptions to the rule on territoriality

  Is a principle of public international law which enables a sovereign state to exercise exclusive
jurisdiction over individuals and other legal persons within its territory, it includes both the right
to prosecute individuals for criminal offenses committed within its borders, as well as the right
to arrest and apprehend individuals within its territory.

Dec 24, 2020

Assignment:
1. The crime was committed in the presence of the Chief of Police. Is paragraph 2 applicable to the
accused? Explain.
 It is frustrated when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator. There is an attempt when the offender commences
the commission of a felony directly or overt acts and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other than his own
spontaneous desistance.

2. Who is a person in authority?

 Is the legitimate power which one person or a group possess and practices over another. The
element of legitimacy is vital to the nation of authority and is the main means by which
authority is distinguished from the more general concept of power. Authority is the ability of a
person an organization to conduct a certain lifestyle for another person or a group. Authority is
known as one of the basis of society and stands against cooperation. The power exists because
of the possible use of sanction. An action who harms a person who’s not obeying the authority
of threatening it in order to conduct a social power.

3. The decased was shot while in the performance of his official duty as barangay captain. What was the
crime committed? Explain.
 A censure is an expression of strong disapproval of harsh criticism. In parliamentary procedure it
is a debatable main motion that could be adopted by a majority vote. Among the forms that it
can take area a stern rebuke by a legislature, a spiritual penalty imposed by a church, or a
negative judgement pronounced on a theological proposition. It usually non-binding requiring
no compulsory action from the censured party, unlike a motion of no confidence which may
require the referred party to resign. It is an exception to the general rule that a motion must not
to use language that reflects on a member’s conduct or character, or is discourteous,
unnecessarily harsh, or not allowed in debate. A fine or mulct is a penalty of money that a court
of law or other authority decides has to be paid as punishment for a crime or other offense. The
amount of a fine can be determined case by case, but it is often announced in advance.

4. Compare with the aid of armed men and by a band.

 An accomplice is a person who actively participates in the commission of a crime, even if they
take no part in the actual criminal offense, in a bank robbery, the person who points the gun at
the teller and demands the money is guilty of armed robbery. Anyone else directly involved in
the commission of the crime, such as the lookout or the getaway car driver, is an accomplice,
even if in the absence of an underlying offense keeping, even if in the absence of an underlying
offense keeping a lookout or driving a car would not be an offense. An accomplice differs from
an accessory in that an accomplice is present at the actual crime and could be prosecuted even
if the main criminal is not changed or convicted. An accessory is generally not present at the
actual crime, and may be subject to lesser penalties than an accomplice or principal.

Define:
5. Recidivism
  Paragraph 9 of article 14 of the Revised Penal Code defines recidivism by stating that it is
committed by a person who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the Code.

6. Reiteration
 Reiteration refers to any crime which is not in the same title of the Revised Penal Code,
recidivism to crimes in the same title of the Code, and habitual delinquency to robbery, theft
and estafa, and falsification. In reiteration, the number of previous punishments is unimportant
provided there has been at least one if the law attaches an equal or greater penalty, or at least
two if the penalty is lighter. In recidivism, if the previous convictions are of crimes other than
robbery, theft, estafa and falsification, but are embraced in the same title as the last offense, the
number of previous convictions is also immaterial. But if the previous convictions are of robbery,
etc. the number of the same is important because if there is only one previous conviction, there
is recidivism but if there have been two or more previous convictions of robbery, etc., habitual
delinquency exists.

7. Habitual delinquency
 A person is considered as a habitual delinquent if within a period of 10 years from the date of
his last release or conviction of the crimes of serious or less physical injuries, and found guilty of
any aforementioned crimes a third time or more.

8. Quasi recidivism
 Quasi-recidivism is a special aggravating circumstance where a person, after having been
convicted by final judgment, shall commit a new felony before beginning to serve such
sentence, or while serving the same. He shall be punished by the maximum period of the
penalty prescribed by law for the new felony.

9. Compare craft from fraud

 Involves intellectual trickery and cunning on the part of the accused while Fraud Insidious words
or machinations used to induce the victim to act in a certain manner which would enable the
offender to carry out his design, when offender induced victims to raise their arms and promised
not to harm them if they would follow. Nevertheless, the offender attacked and killed them
when the arms were raised.

10. When is there a disguise?

 Disguise, cloak, mask mean to alter the dress or appearance of so as to conceal the identity or
true nature disguise implies a change in appearance or behavior that misleads by presenting a
different apparent identity. A disguise can be anything which conceals or changes a person’s
physical appearance, including a wig, glasses, makeup, fake moustache, costume or other items.

Advantage be taken of superior strength or means be employed to weaken the defense. A was
unarmed. He was small. X and Y were police officers taller than A. X and Y fired at A when he tried to
escape.

11. Was there abuse of superior in this case? Explain.

 Is the use of legislated or otherwise authorized powers by government officials for illegitimate
private gain, misuse of government power for other purposes , such as repression of political
opponents and general police brutality, is not considered political corruption. Neither are illegal
acts by private persons or corporation not directly involved with the government.

12. Is there advantage of superior strength in the crime of parricide? Explain.

 Accused appellant was charged with the crime of murder under Article 248 on the matter of the
circumstances of abuse of superior strength, it noted with treachery taking advantage of
superior strength, with the aid of armed, would be classified as falling within the definition of
parricide or infanticide.
Dec 30, 2020
Assignment:
1. Was treachery present? Explain.
 The offender commits any of the crimes against the person, employing means, methods or
forms in the execution thereof which tend directly and specially to insure its execution, without
risk to himself arising from the defense which the offended part might make.

2. What was the crime committed? Homicide or murder? Explain

 Murder, because is the unlawful killing of another human without justification or plausible/
moral intent, especially the unlawful killing of another human with malice a fore thought. The
state of mind may, depending upon the jurisdiction, distinguish murder from other forms of
unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of
malice, brought about by reasonable provocation, or diminished capacity involuntarily
manslaughter, where it is recognized is a killing that lacks all but the most attenuated guilty
intent, recklessness.

3. Explain the concept of alternative circumstance.

 Alternative circumstances are those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and other conditions attending its
commission. They are relationship, intoxication, and degree of instruction and education of the
offender. The alternative circumstance of relationship shall be taken into consideration when
the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degree of the offender. Alternative
circumstances are those which must be taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and other conditions attending its commission.
Based on a strict interpretation, alternative circumstances are thus not aggravating
circumstances

4. When is relationship aggravating? When is mitigating?

 As a rule, relationship is held to be aggravating in crimes against chastity, such as rape and acts
of lasciviousness, whether the offender is a higher or a lower degree relative of the offended
party. In criminal law, a mitigating factor, also known as extenuating circumstances, is any
information or evidence presented to the court regarding the defendant or the circumstances of
the crime that might result in reduced charges or a lesser sentence. Unlike a legal defense it
control lead to the acquittal of the defendant. The opposite of a mitigating factor is an
aggravating factor.
Jan 06, 2021
Assignment:
1. Distinguish the three kinds of principal.
 Principal by Direct Participation- They are those who, participating in the criminal design,
proceed to carry out their plan and personally take part in its execution by acts which directly
tend to the same end.
 Principal by Induction- Giving of price or offering of reward or promise. The one giving the price
or offering the reward or promise is a principal by inducement while the one committing the
crime in consideration thereof is a principal by direct participation.
 Principal by Indispensable Cooperation- Refers to those who cooperate in the commission of the
offense by another act without which it would not have been accomplished. There must be a
community of design or common purpose between the PIC and the PDP, but not a conspiracy.

2. Distinguish a principal from accomplice.

 Generally, the main perpetrator of a crime is referred to as a principal while the individuals
assisting in the commission of the crime are referred to as accomplished even though the
accomplice plays a supporting role in the crime and does not actually carry it out, he or she just
as culpable as the principal.

Jan 13, 2021

Assignment:
1. How can a public officer become an accessory under paragraph 3 of Article 19?
 Who normally is present at the crime and participates in some way. An accessory must generally
have knowledge that a crime is being committed, will be committed or, has been committed. A
person with such knowledge may become an accessory by helping or encouraging the criminal
in some way. The assistance to the criminal way be of any type, including emotional or financial
assistance as well as physical assistance or concealment.

2. How can a private individual become an accessory under paragraph 3 of Article 19?
 Is a person who assists in the commission of a crime, but who does not actually participate in
the commission of the crime, meaning that the distinction between an accessory and a principal
is a question of fact and degree. The test to distinguish a join principal from an accessory is
whether the defendant independently contributed to causing the actus reus rather than merely
giving generalized and limited help and encouragement.

3. Explain briefly Arts. 20 and 22 of the RPC?

 The only exception is those accessories who incurred such liability by profiting themselves or
assisting the offender to profit by the effects of the crime. These accessories are criminally liable
even if the principal be their spouse, ascendant, descendant, legitimate, natural and adopted
brother or sister, or relative by affinity with in the same degree (Art 20, RPC). Yes, Penal laws
 shall have retroactive effects in so far as they favor the persons guilty of a felony who is not a
habitual criminal, although at the time of the publication of such laws a final sentence of the
publication of such laws a final sentence has been pronounced and the convict is serving the
same (Art. 22 RPC).

4. Is Art. 21 a Penal Provision?

 No, Article 21 of the Revised Penal Code provides that “No felony shall be punishable by any
penalty not prescribed by law prior to its commission.

5. Who is a habitual delinquent under par. 5 of Article 62 of the RPC?

 For the purpose of this article, a person shall be deemed to be habitual delinquent, if within a
period of 10 years from the date of his release, or last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said
crimes a third time or oftener.

6. What is prescription?
 Prescription, acquisition of sovereignty through uncontested use. Period of prescription, in civil
law jurisdictions, the time limit within which a lawsuit must be brought.

7. What is prescription of the crime?

 To mean the “termination of the rights or power to prosecute and to punish the offender, after
the lapse of a definite period from the commission of the offense, or if the this is not known,
from the day of its discovery and the beginning of the judicial proceedings for investigation and
punishment.

8. Explain prescription of the penalty?

 Correctional penalties, such as the penalty imposed against the accused in the case of your
sister, prescribe in 10 years. Prescription provides for the limitation of time within which a
penalty be executed.

Jan 14, 2021

Assignment:
1. What are the two main classification of penalties?
 Perpetual or Temporary absolute disqualification, perpetual or temporary special
disqualification, suspension from public office, the right to vote and be voted for the profession
or calling.

2. What are the classification of penalties according to their gravity?

 Light- the penalty is imprisonment of one day to thirty days or fine of not more than P200.00
1. They are punished only in their consumated stages except with respect to light felonies
against persons or property. The reason is because they produced such light or insignificant
results that society is satisfied if they are punished even if only in their consummated stage.
2. Only principals and accessories are liable
 Less Grave: by imprisonment of more than one month but not more than 6 years or fine of
P200.00 but not more than P6,000.00
 Grave: the imprisonment is more than 6 years or fine of more than P6,000.00
They are either 1. Heinous- the penalty is reclusion temporal to reclusion perpetua or 2. Non
heinous.

3. What is bond to keep the peace?

 A peace bond is a court order to keep the peace and be on good behavior for a period of time.
This essentially means that the person must not be charged with a criminal offence. Peace
bonds often have other conditions too, such as not having any weapons or staying away from a
person or place.
4. Explain the meaning of civil interdiction
 Civil interdiction is a legal restraint upon a person incapable of managing his estate, because of
mental incapacity, from signing any deed or doing any act to his own prejudice, without the
consent of his curator or interdictor.

5. How a penalty computed if the offender is in prison?

 If offender be in prison, the term of the duration of the temporary penalties shall be computed
from the day on which the judgement of conviction shall have become final.

6. Is the computation similar if the offender is not in prison?

 If the offender be not in prison, the term of the duration of penalty consisting of deprivation of
liberty shall be computed from the day that the offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty.

7. What is preventive imprisonment?

 Preventive imprisonment is imposed upon a person before he/she is convicted, if he/ she cannot
afford bail, or if his/her criminal case is non-bailable. The Revised Penal Code provides that one
must voluntary submit, in writing, to abide by the same disciplinary rules as those imposed upon
convicted prisoners.

8. How is preventive imprisonment treated if the accused is eventually convicted?

 Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced and his
case is not yet terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same is under review.
Computation of preventive imprisonment for purposes of immediate release under this
paragraph shall be the actual period of detention with good conduct time allowance: Provided,
however, That if the accused is absent without justifiable cause at any stage of the trial, the
court may motu proprio order the rearrest of the accused: Provided, finally, That recidivists,
habitual delinquents, escapees and persons charged with heinous crimes are excluded from the
coverage of this Act. In case the maximum penalty to which the accused may be sentenced is
lestierro, he shall be released after thirty (30) days of preventive imprisonment.

9. Distinguish absolute from Conditional pardon.

 Absolute Pardon it is the total extinction of the criminal liability of the individual to whom it is
granted without any condition whatsoever resulting to the full restoration of his civil rights.
While Conditional Pardon it is the conditional exemption of a guilty offender for the punishment
imposed by a court.

10. Accused was convicted of rape. The judgement ordered the defendant to pay the value of the
woman’s torn garments.
 The order of payment provided for under Art. 28 of the Revised Penal Code should be availed
for only when the offender is insolvent or his property is not sufficient for the payment of all his
pecuniary liabilities.

11. What kind of pecuniary liability was that?

 The reparation of the damage caused, Indemnification of consequential damages, The fire, and
The cost of Proceedings

12. What is subsidiary penalty?

 It is a penalty that takes the place of the fine for insolvent convicts. It is neither a principal nor
accessory penalty, but a substitute penalty for fine only. The subsidiary penalty may be in the
form of imprisonment or deprivation of right depending upon the principal penalty imposed on
the convict. It is imposable whether the violation is under the Revised Penal Code or under
special laws. Excerpts from Boado Notes and cases on the Revised Penal Code.
13. Instances wherein subsidiary penalty cannot be imposed
 No, subsidiary penalty must be expressly imposed by the court in order that the convict may be
required to serve it. It is not accessory penalty. It is imposed upon the accused and served by
him in lieu of certain pecuniary liabilities which he fails to pay on account of insolvency.

Jan 15, 2021

Assignment:
1. Summarize Article 40 to 45
 Every penalty imposed for the commission of the felony carries with it the forfeiture of the
proceeds of the crime and the instruments or tools with which it was committed. No subsidiary
penalty is a personal penalty prescribed by law I substitution of the pecuniary liability when the
latter cannot be satisfied because of the culprit’s insolvency. Hence, subsidiary imprisonment
cannot be served unless the judgement so provides in case the accused is insolvent.

2. Compound from Complex Crime

 Delito Compuesto or Compound Crime- when a single act constitutes two or more grave or less
grave felonies
 Delito Complejo or Complex Crime Proper- when an offense is a necessary means for committing
the other.

3. What is a Special Complex Crime?

 This is one which in substance is made up of more than one crime but which in the eyes of the
law is only a single indivisible offense. This is also known as a special complex crime. Examples
are robbery with homicide, robbery with rape, and rape with homicide

4. What is the impossible penalty?

 Is the penalty that will be declared after trial 13 prescribed penalty to the crime as charged, the
statue that punishes the offense, and the penalty in the statue, imposable penalty consider in
addition the totality of the evidence.
 An Impossible Crime is committed by any person performing an act which would be an offense
against persons or property, were it not for the inherent impossibility of its accomplishment or
an account of the employment of inadequate or ineffectual means.

5. How many Crime(s) is (are) committed?

 If the penalty prescribed for the felony committed be higher than that corresponding to the
offense which the accused intended to commit the penalty corresponding to the offense which
the accused intended to commit shall be imposed in its maximum period. If the penalty
prescribed for the felony committed shall be imposed in its maximum period.

6. Article 50 to 57 already asked as assignments

 Article 50 Penalty to be imposed upon principals of a frustrated crime. - The penalty next lower
in degree than that prescribed by law for the consummated felony shall be imposed upon the
principal in a frustrated felony.
 Article 51 Penalty to be imposed upon principals of attempted crimes. - A penalty lower by two
degrees than that prescribed by law for the consummated felony shall be imposed upon the
principals in an attempt to commit a felony.
  Article 52 Penalty to be imposed upon accomplices in consummated crime. - The penalty next
lower in degree than that prescribed by law for the consummated shall be imposed upon the
accomplices in the commission of a consummated felony.
 Article 53 Penalty to be imposed upon accessories to the commission of a consummated felony.
- The penalty lower by two degrees than that prescribed by law for the consummated felony
shall be imposed upon the accessories to the commission of a consummated felony.
 Article 54 Penalty to imposed upon accomplices in a frustrated crime. - The penalty next lower
in degree than prescribed by law for the frustrated felony shall be imposed upon the
accomplices in the commission of a frustrated felony.
 Article 55 Penalty to be imposed upon accessories of a frustrated crime. - The penalty lower by
two degrees than that prescribed by law for the frustrated felony shall be imposed upon the
accessories to the commission of a frustrated felony.
 Article 56 Penalty to be imposed upon accomplices in an attempted crime. - The penalty next
lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed
upon the accomplices in an attempt to commit the felony.
 Article 57 Penalty to be imposed upon accessories of an attempted crime. - The penalty lower by
two degrees than that prescribed by law for the attempted felony shall be imposed upon the
accessories to the attempt to commit a felony.
Jan 16, 2021
Assignments:
1. Is there an accessory in Light Felony?
 Those accessories falling within the terms of paragraph 3 Article 19 of the RPC who should act
with abuse with abuse of their public functions, shall suffer the additional penalty for absolute
perpetual disqualification of the principal offender hall e guilty of a grave felony, and that of a
absolute temporary disqualification if he shall be guilty of a less grave felony.

2. What is the basis for imposing a penalty in impossible crime?

 When the person intending to commit an offense has already performs the acts for the
execution of the same but nevertheless the crime was not produced by reason of the fact that
the act intended was by its nature one of impossible accomplishments or because the means
employed by such person are essentially inadequate.

3. Did he incur a Criminal Liability?

 When the conspiracy relates to crimes other than treason, rebellion or sedition, it is not a felony
but only a manner of incurring criminal liability. When the felony is committed after the
conspiracy, the act of one offender is the act of the order offenders. Even if the conspiracy
relates to the crime of treason, rebellion or sedition, if the latter is actually committed, the
conspiracy is not a separate offense, but only a manner of incurring criminal liable for treason,
rebellion or sedition as the case may be and the conspiracy is absorbed.

4. What will happen to the Trial?

 The prosecution and defense will each have a chance to present closing statements to the court.
If the trial is being decided by a judge, the judge will make a decision, or verdict. If the judge or
jury has found the accused guilty, the judge will often sentence the accused immediately. The
trial is structed process where the facts of a case are presented to a jury, and they decide if the
defend ant is guilty or not guilty of the charged offered. During trial, the prosecutor uses
witnesses and evidence to prove to the jury that the defendant committed the crime.

5. What will happen to the accused?

 By law, once a defendant pleads insanity, the judge must order him to undergo a mental
examination to determine whether he was insane when he committed the crime. In a death
penalty case the defendant will also be examinated to determine if his mental illness is so great
that is precludes him from being executed. The insanity defense applies when, because of a
diagnosed mental disorder, the defendant could not understand the criminality of his or her
actions or was unable to act within confines of the laws.

6. Art 80 amended by R.A. 9344

 When such minor is adjudged to be criminally irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his
 family who not shall be charged with his surveillance and education otherwise, shall be
committed to the core of some institutions or person mentioned in said Article 80.

7. Where is Arresto Menor served?

 The court in its discretion may in lieu of service in jail, require that the penalties of arresto
menor and arresto mayor be served by the defendant by the rendering community service in
the place where the crime was committed, under such terms as the court shall determine,
taking into consideration the gravity.

8. What happened to the accused whose penalty is destierro?

 In case the maximum penalty to which the accused may be sentenced is Destierro, he shall be
released after 30 days of preventive imprisonment. When a person has been in custody for a
period equal to or more than the possible maximum imprisonment prescribed for the offense
charged he shall be released immediately, without prejudice to the continuation of the trial or
the proceeding in appeal. If the maximum penalty to which the accused may be sentences is
destierro, he shall be released after thirty (30) days of preventive imprisonment.

9. Can the fiscal file the information the following Monday?

 Within five days from his resolution, he shall forward the record of the case to the provincial or
city prosecutor or chief state prosecutor or to the ombudsman or his deputy in cases of offenses
cognizable by the sandigang bayan in the exercise of its original jurisdiction. They shall act on
the resolution within ten days from their receipt thereof and shall immediately inform the
parties of such action. Their ruling shall expressly and clearly state the facts and the law on
which it is based and the parties shall be furnished with copies thereof. They shall order the
release of an accused who is detained if no probable cause is found against him.