KRIS JERSON A.

CARPIO
RECAP SECTION 3
CRIMINAL LAW REVIEW

1. Define Criminal Law

Substantive law which provides for the definition of crimes, treats of their nature, and provides for their
punishment.

2. What are the Characteristics of Criminal Law?

Criminal laws in our jurisdiction are General, Territorial and Prospective.

3. Differentiate the ff: a. Dolo from Culpa b. Intent from Motive c. Mistake of Fact
from Mistake in Identity d. Impossible Crime from Frustrated Felony
A. DOLO is deliberate intent or the doing of an act with criminal intent with total freedom of action and
intelligence on the part of the offender. While CULPA, lacks the deliberate intent on the part of the
offender in committing a crime where the injury causes being the incident of another act performed
without malice.

B. INTENT is the determination to do a certain thing, aim or purpose of the mind. It establishes the
nature and extent of culpability. While MOTIVE, is the moving power which impels one to do an act and
is not an essential element of a crime and need not be proven.

C. MISTAKE OF FACT is a reasonable misapprehension on the part of the offender causing injury to
another, such person is not criminally liable as he acted without criminal intent. While, MISTAKE IN
IDENTITY is a mistake in the identity of the intended victim by the offender, injuring one person
mistaken for another.

D. IMPOSSIBLE CRIME is a crime where its accomplishment is inherently impossible, or that the means
employed is either inadequate or ineffectual but still subjecting the offender to criminal liability.
FRUSTRATED FELONY all acts of execution are accomplished but the crime sought to be committed is not
achieved.

4. Give the elements of the ff: a. Impossible Crime b. Attempted Felony c.

Frustrated Felony
A. In IMPOSSIBLE CRIME the act committed would be against persons or property; the act was done with
evil intent; its accomplishment is inherently impossible or that the means employed is either inadequate
or ineffectual.

B. In attempted felony, the offender commences the commission of a felony directly by overt acts; all
acts were preformed producing the felony; by reason of some other cause or accident other than his
own spontaneous desistance.

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C. Frustrated Felony is where the offender performs all the acts of execution that would produce the
felony as a consequence but the felony is not produced by reason of causes independent of the will of
the perpetrator.

5. Is Light Felony punishable? Explain.

Light felonies are punishable only when they have been consummated, with the exception of those
committed against persons or properties by virtue of Article 7 of the RPC. Article 16 of the RPC provides
that only the principals and accomplices are liable for such felonies. Accessories are not punishable
because light felonies are penalized with Arresto Menor and accessories are penalized two degrees
lower than the principal or two degrees below arresto menor which is non existent.

6. Conspiracy: a. What is Conspiracy? b. Is mere Conspiracy punishable? c. What

are the kinds of Conspiracy?
A. There is conspiracy when two or more persons come into an agreement concerning the commission
of a crime and decides to commit the same. Conspiracy may be deduced from the mode and manner in
which the offense was perpetrated or inferred from the acts of the accused when such point to a joint
purpose and design, concerted action and community of intent.

B. Mere conspiracy is generally not punishable when no overt act has been committed. It is necessary
that a conspirator should have performed some overt act as a direct or indirect contribution in the
execution of the crime planned to be committed.

C. As a crime by itself, the crime subject of conspiracy is not yet committed but the mere act of
conspiring is defined and punished as a crime such as conspiracy to commit the crimes of insurrection or
rebellion and conspiracy to commit treason.

7. Classification of Felonies a. What is a Grave Felony? b. How about Less Grave

Felony? c. How about a Light Felony?
A. Grave Felony is penalized by capital punishment or afflictive penalties in any of its period. This means
that whenever the minimum, medium or maximum period of the penalty is an afflictive penalty, the
felony is grave felony.

B. Less Grave Felony is a crime punishable in which their maximum period are correctional, the
maximum period of the penalty must be correctional.

C. Light Felony is a crime punishable by arresto menor or a fine not exceeding P200.00.

8. Differentiate Justifying from Exempting Circumstances

Justifying Circumstance affects the ACT not the ACTOR, the act is considered to have been done within
the bounds of the law and is considered legitimate and lawful. Since the act is considered lawful, there is
no crime. Criminal and Civil liability is also inexistent in this case.

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Exempting Circumstance affects the ACTOR and not the ACT. The act committed is actually wrongful but
the actor is not liable. Since the act complained of is actually wrong there is a crime but since the actor
acted without voluntariness, there is no dolo or culpa. While a crime has been committed in this case,
there is no criminal liability but civil liability exists.

9. Enumerate what are the Justifying Circumstances.

The following acts incur no criminal liability:

A. Anyone who acts in defense of his person or rights;

B. Anyone who acts in defense of the person or rights of his spouse, ascendants, defendants, or
legitimate, natural or adopted brothers or sisters or his relatives by affinity in the same degree,
and those by consanguinity within the fourth civil degree;
C. Anyone who acts in defense of the person or rights of a stranger;
D. Any person who in order to avoid an evil or injury, does an act which causes damage to another;
E. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office;
F. Any person who acts in obedience to an order issued by superior for some lawful purpose.

10. Give the elements of the ff: a. Self- Defense b. Defense of a Relative c.
Defense of a Stranger “If you stay closer to God, you stay closer to your dreams.”
A. In self defense, there must be unlawful aggression; a reasonable necessity of the means employed to
prevent or repel it and there must be lack of sufficient provocation on the part of the person defending
himself;

B. In Defense of Relative, there must be unlawful aggression; reasonable necessity of the means
employed to prevent or repel it; in case the provocation was given by the person attacked, the person
defending had no part therein.

C. In Defense of Stranger, there is unlawful aggression, a reasonable necessity of the means employed
to prevent or repel it and the person defending is not induced by revenge resentment or other evil
motives.