CLJ 103

October 1, 2021
Q1. What are the rules as to crimes committed aboard foreign merchant vessels?
Answer: 1. FRENCH RULE – Such crimes are not triable in the courts of that
country, unless their commission affects the peace and security of the territory or
the safety of the state is endangered.
2. ENGLISH RULE – Such crimes are triable in that country, unless they merely
affect things within the vessel or they refer to the internal management thereof.
(This is applicable in the Philippines)

Q2. What are the Requirements of “an offense committed while on a Philippine
Ship or Airship"?
Answer: 1. Registered with the Philippine Bureau of Customs
2. Ship must be in the high seas or the airship must be in international airspace.
* Under international law rule, a vessel which is not registered in accordance with
the laws of any country is considered a pirate vessel and piracy is a crime against
humanity in general, such that wherever the pirates may go, they can be
prosecuted.

Q3. When does public officers or employees commit an offense in the exercise of
their functions?
Answer: As a general rule, the Revised Penal Code governs only when the crime
committed pertains to the exercise of the public official’s functions, those having
to do with the discharge of their duties in a foreign country. The functions
contemplated are those, which are, under the law, to be performed by the public
officer in the Foreign Service of the Philippine government in a foreign country.
Exception: The Revised Penal Code governs if the crime was committed within
the Philippine Embassy or within the embassy grounds in a foreign country. This is
because embassy grounds are considered an extension of sovereignty.

October 4, 2021
Q1. What is Article 3 of the Revised Penal Code?
Answer: Art 3. Definitions. -- Acts and omissions punishable by law are felonies
( delitos). Felonies are committed not only by means of deceit ( dolo) but also by
means of fault ( culpa ).
There is deceit when the act is performed with deliberate intent; and there is fault
when the wrongful results from imprudence, negligence, lack of foresight, or lack
of skill.
• Acts – an overt or external act
• Omission – failure to perform a duty required by law.
* To be considered as a felony there must be an act or omission; a mere
imagination no matter how wrong does not amount to a felony. An act refers to
any kind of body movement that produces change in the outside world.
In felony by omission however, there must be a law requiring the doing or the
performance of an act. Thus, mere passive presence at the scene of the crime,
mere silence and failure to give the alarm, without evidence of agreement is
conspiracy is not punishable.
Omission is an act nga wai na fulfill sang isa ka tawo ang iya nga duty. For
example, ang isa ka police officer nag dakop isa ka tawo, as an officer dapat
pabaluon mo na ang tawo kung ngaa geh dakop mo na sa Kay eh pabalo mo sa iya
ang ang mga right ya such as right ya nga mag kuha abogado or right to bi silent.

October 6, 2021
Q1. As a short recap, we were able to identify the composition of the family.
Who are they?
Answer: Ang Act kag Omission ang mag partner Sir, dasun ang Felonies, Offense,
Misdemeanor, kag Crime ila nga result or kabataan Sir 😅

Q2. How felonies are committed? Explain.

Answer:
1. by means of deceit (dolo) – intentional like murder and robbery.
2. by means of fault (culpa)- example nag pabaya ka sa duty as an officer.

October 8, 2021
Q1. Who can differentiate imprudence from negligence?
Answer: Imprudence arang wai gina panumdum sang is aka tawo ang
consequence sang iya action. Samtang ang Negligence arang nag pabaya ka sa is
aka bagay for example wai geh himo tarung sang isa ka tawo ang iya nga obra.
October 13, 2021
Q1. What is the distinction between intent and discernment?
Answer: Intent - geh hungod or determinado ka gid himuon ang isa ka bagay.
Discernment amo naman ni sa ang pag determine ang isa ka tawo sa sala kag sa
intyakto.
Q2. What is the distinction between intent and motive?
Answer: Ang Motive daw bali amo diri na di ga sulod ang rason ngaa nag himu sala
ang isa ka tawo. Tungod nga may motibo na maka himu sala ang isa ka tawo diri
naman ma sulod ang intent or determinasyon sang isa ka tawo nga himuon or
take action ya na ang isa ka bagay or sala.

October 15, 2021

Q1. Who can define mistake of fact and enumerate its requisites?
Answer: Mistake of Fact - is a misapprehension of fact on the part of the person
who caused injury to another. He is not criminally liable.
Requisites:
1. that the act done would have been lawful had the facts been as the accused
believed them to be;
2. intention of the accused is lawful;
3. mistake must be without fault of carelessness.

Q2. What does Mens rea means?

Answer: Mens Rea is a legal term that refers to criminal intent. "Guilty mind" is
the literal translation from Latin. A mens rea refers to the mental state that must
exist in order for a defendant to be found guilty of a crime.

Q3. What is the real concept of culpa?

Answer: Culpa is a Latin word that means "fault" or "neglect." The responsibility
for a car accident caused by not having the brakes fixed is an example of a culpa.
Saying "mea culpa," which means "my mistake," is an example of culpa.

October 18, 2021

Q1. What is Article 4 of the Revised Penal Code?
Answer: Art. 4 Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be
different from that which he intended.
2. 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.
Q2. Define Proximate Cause.
Answer: PROXIMATE CAUSE is that cause which sets into motion other causes and
which unbroken by any efficient supervening cause produces a felony without
which such felony could not have result.

Q3. How does error in personae affect criminal liability of the offender?
Answer: * Error in personae is mitigating if the crime committed is different from
that which was intended. If the crime committed is the same as that which was
intended, error in personae does not affect the criminal liability of the offender.

October 20, 2021

Q1. What is Article 5 of the Revised Penal Code of the Philippines?
Answer: ARTICLE 5. Duty of the Court in Connection with Acts Which Should Be
Repressed but Which are Not Covered by the Law, and in Cases of Excessive
Penalties.

Q2. What is Article 6 of the RPC?

Answer: Art. 6. Consummated felonies, as well as those which are frustrated and
attempted, are punishable. A felony is consummated when all the elements
necessary for its execution and accomplishment are present; and 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 by 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.

October 27, 2021

Q1. What is Article 7 of the Revised Penal Code?
Answer: ARTICLE 7. When Light Felonies are Punishable. — Light felonies are
punishable only when they have been consummated, with the exception of those
committed against person or property.

Q2. What is Article 8 of the Revised Penal Code?

Answer: ARTICLE 8. Conspiracy and Proposal to Commit Felony. — Conspiracy and
proposal to commit felony are punishable only in the cases in which the law
specially provides a penalty therefore.
October 29, 2021
Q1. What are composite crimes?
Answer: Composite Crime is one in which substance is made up of more than one
crime, but which in the eyes of the law only a one crime. For example, the crime
of robbery with homicide, robbery with rape, robbery with physical injuries.

Q2. What is Article 9 of the Revised Penal Code?

Answer: ARTICLE 9. Grave Felonies, Less Grave Felonies and Light Felonies. —
Grave felonies are those to which the law attaches the capital punishment or
penalties which in any of their periods are afflictive, in accordance with article 25
of this Code.

November 3, 2021
Q1. Why is it necessary to determine whether the crime is grave, less grave or
light?
Answer: To determine whether these felonies can be complexed or not, and to
determine the prescription of the crime and the prescription of the penalty .
Q2. What is Article 10 of the Revised Penal Code?
Answer: Art. 10. Offenses not subject to the provisions of this code. --Offenses
which are or in the future may be punishable under special laws are not subject to
the provisions of this Code. This Code shall be supplementary to such laws, unless
the latter should specially provide the contrary.

November 5, 2021
Q1: Enumerate the five circumstances affecting criminal liability:
Answer: 1 Justifying circumstances;
2 Exempting circumstances;
3 Mitigating circumstances;
4 Aggravating circumstances; and
5 Alternative circumstances.
Q2: What is the difference between instigation and entrapment?
Answer: Instigation is the means by which the accused is lured into the
commission of the offense charged in order to prosecute him. On the other hand,
entrapment is the employment of such ways and means for the purpose of
trapping or capturing a lawbreaker.
Q3: Define mistake of fact.
Answer: Mistake of fact is an absolutory cause. The offender is acting without
criminal intent. So in mistake of fact, it is necessary that had the facts been true as
the accused believed them to be, this act is justified. If not, there is criminal
liability, because there is no mistake of fact anymore. The offender must believe
he is performing a lawful act.
Q4: What are the distinctions between justifying circumstances and exempting
circumstances?
Answer: Both allow the accused to escape criminal liability. But while justifying
circumstances entail that the accused has not infringed the law though he may
have committed a crime, exempting circumstances involve a complete absence of
voluntariness on the part of the accused in committing the crime.

November 8, 2021
Q1: What is Article 11 of the Revised Penal Code?
Answer: Offenses which are or in the future may be punishable under special laws
are not subject to the provisions of this Code. This Code shall be supplementary to
such laws, unless the latter should specially provide the contrary. Article 11.
Justifying circumstances.
Q2: What are the requisites of reasonable necessity of the means employed to
prevent or repel it?
Answer: Requisites:
1. Means were used to prevent or repel.
2. Means must be necessary and there is no other way to prevent or repel it.
3. Means must be reasonable – depending on the circumstances, but
generally proportionate to the force of the aggressor.

November 10, 2021

Q1: Enumerate and define kinds of self-defense.
Answer: 1. Self-defense of chastity - to be entitled to complete self-defense of
chastity, there must be an attempt to rape, mere imminence thereof will suffice.
2. Defense of property - an attack on the property must be coupled with an attack
on the person of the owner, or of one entrusted with the care of such property.
3. Self-defense in libel - physical assault may be justified when the libel is aimed at
a person’s good name, and while the libel is in progress, one libel deserves
another.
Q2. Who are relatives, up to what degree of relationship are entitled to the
defense?
Answer: Relatives entitled to the defense:
1. Spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted brothers or sisters
5. relatives by affinity in the same degree
6. relatives by consanguinity within the 4th civil degree.
Q3. • DEFENSE OF STRANGER. What are its elements?
Answer: DEFENSE OF STRANGER
Elements
1. unlawful aggression
2. reasonable necessity of the means employed to prevent or repel the attack;
3. the person defending be not induced by revenge, resentment or other evil
motive.

November 19, 2021

Q1. What is paragraph 5 of Article 13 of the RPC?
Answer: That the act was committed in the immediate vindication of a grave
offense to the one committing the felony (delito), his spouse, ascendants, or
relatives by affinity within the same degrees.
Q2. What is paragraph 6 of Art. 13?
Answer: That of having acted upon an impulse so powerful as naturally to have
produced passion or obfuscation.
Q3: The obfuscation must be caused by what?
Answer: Must be caused by unlawful act.
Q4. What is paragraph 7?
Answer: That the offender had voluntarily surrendered himself to a person in
authority or his agents, or that he had voluntarily confessed his guilt before the
court prior to the presentation of the evidence for the prosecution.
Q5. Who are persons in Authority?
Answer: Person in authority (PIA) – is one directly vested with jurisdiction, that is,
a public officer who has the power to govern and execute the laws whether as an
individual or as a member of some court or governmental corporation, board or
commission.
Q6. Define voluntary surrender.
Answer: Voluntary surrender is a circumstance that reduces the penalty for the
offense. Its requisites as a mitigating circumstance are that: (1) the accused has
not been actually arrested; (2) the accused surrenders himself to a person in
authority or the latter's agent; and (3) the surrender is voluntary.

December 6, 2021
Q1. What is Article 20 of the Revised Penal Code?
Answer: Art. 20. Accessories who are exempt from criminal liability. — The
penalties prescribed for accessories shall not be imposed upon those who are
such with respect to their spouses, ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by affinity within the same degrees,
with the single exception of accessories falling within the provisions of paragraph
1 of the next preceding article.