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rea: - A crime is not committed if the mind of the person performing to act complained to be innocentc or “The act itself does not make a man guilty unless his intention were so.” Actus me invitio factus no est meus actus - “An act done by me against my will is not my act.” (US vs Ah Chong, 15 Phil. 499) Ignorantia legis no excusat – Ignorance of the law excuses no one from compliance therewith Ignorantia facti excusat – Ignorance or mistake of fact relieves the accused from criminal liability Error in personae – mistake in identity El que causa de la causa es causa del mal causado – “He who is the cause of the cause is the cause of the evil caused) Nullum crimen, nulla poena sine lege - “There is no crime if there is no law that punishes the act” Crime – an act or omission that is punishable by law (RPC) SOURCES OF PHILIPPINE CRIMINAL LAW: 1. Revised penal code and its amendments 2. Special penal laws by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines and Batasang Pambansa 3. Penal Presidential Decrees issued during Martial Law THERE ARE NO COMMON LAW CRIMES IN THE PHILIPPINES Even if an act is socially or morally wrong, no criminal liability is incurred by its commission Court decisions are NOT sources of criminal law – they MERELY EXPLAIN THE MEANING OF AND APPLY the law as enactive by the legislature THE STATE HAS THE POWER TO DEFINE AND PUNISH CRIMES LIMITATIONS ON THE POWER OF THE LAW- MAKING BODY AS STATED BY THE BILL OF RIGHTS OF 1987 CONSTITUTION 1. No ex post fact law or bill of attainder (Art. III, Sec 22) 2. No person shall be held to answer for a CRIMINAL OFFENSE without due process of law • In relation this, CONGRESS is prohibited from passing laws that would inflict PUNISHMENT WITHOUT TRIAL EX POST FACTO Criminal act done BEFORE the passage of the law
Aggravates a crime/ making it greater that it was Changes the punishment, greater punishment Alters the legal rules of evidence, authorizes conviction upon less or different testimony Assumes to regulate civil rights and remedies onl Deprives a person accused of a crime some lawful protection
CONSTITUTIONAL RIGHTS OF THE ACCUSED: - Right to speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies
Due process- no person should be held to answer for a criminal offense without this Bailable by sufficient sureties or released on recognizance – EXCEPT those charged with punishment of reclusion perpetua PRESUMED INNOCENT -speedy impartial trial, see witnesses face to face, have compulsory process to secure attendance of witnesses; AFTER ARRAIGNMENT: trial may proceed whether or not the accused is present provided he was notified witness against himself double jeopardy FREE access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied due to poverty Excessive fines shall NOT be imposed
STATUTORY RIGHTS OF THE ACCUSED 1. Presumed innocent, prove beyond reasonable doubt 2. Inform him of the nature and cause of accusation 3. Present and defend in person and by counsel during all the stage of proceedings 4. Testify as a witness in his own behalf BUT SUBJECT to cross-examination 5. witness against himself 6. Confront and cross examine the witnesses against him at the trial 7. Compulsory process to secure the attendance of the witnesses 8. Speedy, impartial and PUBLIC trial 9. Appeal in all cases as allowed by law RIGHT that MAY BE WAIVED (PERSONAL): Right to confrontation and cross-examination MAY NOT BE WAIVED (INVOLVE PUBLIC INTEREST): Be informed of the nature and cause of the accusation against him
TERRITORIALITY Territoriality penal laws of the country have force and effect only within its territory. dolo and culpa are BOTH VOLUNTARY what differs is the intent or malice *3 REQUISITES OF DOLO OR MALICE / CULPA (FAULT) 1. who are therefore. In the International Law Rule. Generality 2. Must not partake of the nature of ane x post factloa w. Prospectivity GENERALITY Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race. because the Philippines adopted the Archipelagic Rule. the center lane in excess of the 3 miles on both sides is considered international waters. 2. Must not impose cruel and unusual punishment or excessive fines. FREEDOM . Territoriality 3. sex. Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters. not immune to the operation or application of the penal law of the country where they are assigned. It cannot penalize crimes committed outside the same. 4. Note that consuls are not diplomatic officers. This includes consul-general. Terrestrial jurisdiction is the jurisdiction exercised over land. chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned. RPC is based on Classical Theory – basis of criminal liability is human free will 2. or creed. It refers to persons that may be governed by the penal law. it does not include territory. if there is no criminal intent INTENT must be present in DOLO!!! Culpa (fault) – voluntary BUT WITHOUT MALICE So. Ambassadors. Man is a rational being unless in cases of Imbecility and Insanity (Article 12) 3. it is subject to certain exceptions brought about by international agreement. depth. The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. The Archipelagic Rule All bodies of water comprising the maritime zone and interior waters abounding different islands comprising the Philippine Archipelago are part of the Philippine territory regardless of their breadth. vice-consul or any consul in a foreign country. This is subject to certain exceptions brought about by international agreements and practice. 3 CLASSES OF CRIMES: (1) The intentional felonies (dolo) (2) The culpable felonies (3) Crimes punished by municipal or city ordinances (special laws) Negligence – voluntary Acts executed negligently are voluntary Involuntary – if there is compulsion or prevention by force and intimidation 3 REASONS WHY ACT/OMMISSION IN FELONIES MUST BE VOLUNTARY: 1.felony by DOLO cannot be so. 3. On the fluvial jurisdiction there is presently a departure from the accepted International Law Rule. Aerial jurisdiction is the jurisdiction exercised over the atmosphere. width or dimension. Whenever you are asked to explain this. Characteristics of Criminal Law 1. Must not partake of the nature of a bill of attainder. Must be general in application.Limitations on the power of Congress to enact penal laws 1. when a strait within a country has a width of more than 6 miles. belief. Dolo (deceit) – act is performed with deliberate intent necessarily voluntary . It has no reference to territory. Consuls are subject to the penal laws of the country where they are assigned. However.
INTELLIGENCE 3.motive involves the CONSCIENCE . Mistake must be WITHOUT FAULT OR CARELESSNESS on the part of the ACCUSED Notes from Article 11 (SELF-DEFENSE) (1) Unlawful aggression on the part of the person killed (2) Reasonable necessity of the means employed to prevent or repeal it (3) Lack of sufficient provocation of the person defending himself Ah Chong and Oanis compared – Oanis had time to contemplate and verify the identity of the criminal. in mistake of fact there should be LACK OF INTENT on the accused In culpa. he DOES NOT ACT WITH MALICE not liable for intentional felony Felonies committed by CULPA (FAULT): . ladder used to rob) -without freedom.k. HE IS IMPRUDENT.g.Negligence: not applicable in culpable felony. lack of which cannot be fully known .Mistake of killing one for another – DOES NOT RELIEVE criminal liability . there is no INTENT but it is replaced by Imprudence Negligence Lack of foresight Lack of skill FREE.a mental state .Error in personae -. child <9 years of age. no time to think Notorious criminal – apprehending of. NEGLIGENT OR LACKS FORESIGHT OR SKILL (Culpa) INTENT . PRESUMED because of the proof of commission of the unlawful act . the act is STILL LAWFUL as opposed to mistake of killing one for another. 6. Chong’s situation necessitates immediate action. Act done would be lawful had the facts been as the accused believed them to be 2. Extreme moral perversion may push a man to commit a crime just for the sake of committing it but with no real motive.purely a mental process. mistake of age. lack of foresight or lack of skill but these .Specific intent for certain felonies e. it is LEGAL) . Intention should be lawful 3. Art.different from motive -.g.If there is only error.criminal intent and will to commit crime . knife used to kill.g.MOVING POWER which impels one to action for a definite result e. INTENT INTENT PRESUPPOSES THE EXERCISE OF FREEDOM AND USE OF INTELLIGENCE (1) FREEDOM – while doing the act or omission. Art.purpose to use a partical means to effect such result (difference from motive) -existence: shown by OVERT ACT of the person . NO PERMISSION for the captor to KILL Only if the fugitive is determined to fight with the officers would it be justified to KILL HIM Felonies committed by DOLUS (DECEIT): Differentiate bet General and specific intent General Intent . INTELLIGENT AND INTENTIONAL ACT! *REQUISITES OF MISTAKE OF FACT: 1. by accident) (2) INTELLIGENCE – no power to determine morality of human acts Includes imbecile.negligence or indifference to duty also equivalent to criminal intent . initially resisting apprehension because he thought the policeman was just a bandit MISTAKE OF FACT may NOT be used in the following: . insane. there is NO INTENT -without intelligence NO INTENT -FREEDOM + INTELLIGENTCE still NO INTENT (e.g. without this human becomes merely a tool (e.Mistake of Fact – NO INTENTION to commit the crime. there automatically is intent e. 249 – intent to kill – frustrated and attempted homicide Art.a.g. negligence. acting without discernment (?) (3) INTENT (dolo).2. 293 (robbery) – intent to gain Art.PRESUMPTION does not arise if the committed act is NOT UNLAWFUL (a.requisite of CRIMINAL INTENT is replace by requisite of imprudence. >9 but <15 y/o. 342 – forcible abduction – intent of lewd designs . 308 (theft) – intent to gain Art.
etc .MISTAKE IN IDENTITY IS NOT RECKLESS IMPRUDENCE – unlawful act is still willfully done - Absence of malice or negligence makes a person NOT criminally liable CRIMES PUNISHED BY SPECIAL LAWS Intent is not required because it is enough that the offender had intent to perpetrate the ACT PROHIBITED by special law . Suspicion is to fall on a number of persons v. Circumstantial evidences proof of MOTIVE ALONE is NOT sufficient to support a conviction or guilt if there is NO RELIABLE EVIDENCE from which it may reasonably deduced PROOF BEYOND REASONABLE DOUBT is the mainstay in criminal law LACK OF MOTIVE may be an AID is showing the INNOCENCE of the accused Art. Neither the accused had ever intend to commit the offense of illegal possession of firearms 3.Revised election Code is a special law and not part of the RPC MOTIVE .criminal intent is NOT NECESSARY .g. by means of deceit (with malice) or fault (through negligence or imprudence) One is NOT RELIEVED from criminal liability of one’s illegal acts merely because one does not intend to produce such consequences RATIONALE: He who is the cause of the cause. illegal possession of firearms .violations of MERE RULES of CONVENIENCE .Intent to commit – may not intend to commit a crime but intend to commit an act – the act is the crime itself i. “Committing a felony “– not merely an act BUT an act or omission PUNISHABLE by RPC If it is not punishable by RPC then it is NOT felony a. convincing evidence.g. EXCEPTION OF CRIMES PUNISHED BY SPECIAL LAWS: 1. theft.effects are SO SERIOUS that calls for unanimous condemnation by the society Mala prohibita – wrong merely BECAUSE PROHIBITED BY STATUTE . There is CRIMINAL INTENT . were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means - NO reference to the manner of criminal liability incurred Manner of incurring criminal liability is stated in Article 3 – performing or failing to do an act. Pending application for permanent permit to possess a firearm 4. Act alone. Duly appointed civilian confidential agent with a mission to make surveillance and effect the killing or capture of a wanted person Mala in se – wrongful FROM THEIR NATURE e. when either is punished by law.designed to secure a more orderly regulation of the affairs of society e. felony committed should be by means of dolo or WITH MALICE . 4 1. No eyewitnesses iv. a seller of firearms is temporarily has the firearms in his possession prior to turning over to the buyer 2. rape. Testimony is inconclusive. defendant admits the killing Needed in: i.k. Identification of accused is unreliable ii. irrespective of motives constitutes the offense ii.g.a. acts made criminal by special laws .a.ARE EQUIVALENT TO CRIMINAL INTENT mind of the accused is NOT CRIMINAL in culpa but his ACT is WRONGFUL and injury and damage was caused .generally not needed but in cases where the identity of a person accused of having committed a crime is in dispute Motive may have impelled its commission Proven by testimony of witnesses on the acts or statements of the accused BEFORE or after the commission of the offense Not needed if there had positive identification of the assailant. 4 CRIMINAL LIABILITY (1) Any person committing a felony (delito) although the wrongful act done be different from which he intended (2) Any person performing an act which would be an offense against persons or property. homicide. It follows then that good faith and lack of criminal intent are NOT VALID defenses in this type of cases iii. doubtful iii. Doctrine of immateriality of animus possidendi – e.Intent to perpetrate – enough that the PROHIBITED ACT is done freely and consciously i. is the cause of the evil caused IMPORTANT WORDS AND PHRASES IN PARAGRAPH 1 OF ART.
Mistake in the identity of the victim b. victim jumped to water but does not know how to swim e. which causes the latter to do something resulting in the latter’s injuries is liable for the resulting injuries Wrong done must be the DIRECT. is liable for the resulting injuries Blow was efficient cause of death/ accelerated / proximate cause Efficient cause: TB + Low grade fever (?) – fist blows on the right hypochondriac internal hemorrhage secondary to liver trauma Accelerated Death: Peritonitis and inflammation of spleen Proximate cause of death: Heart disease. If wrongful act results from imprudence. PAR.Slight physical injuries victim VOLUNTARILY immerses in a cesspool Death is presumed to be the NATURAL consequence of the physical injuries inflicted (1) Victim at the time of the physical injuries was in NORMAL HEALTH (2) Death is expected from physical injuries (3) Death ensued WITHIN A REASONABLE time ♣ Felony must be the proximate cause of the resulting injury ♠ Proximate: cause. Aberratio ictus: Mistake in the blow. Wound inflicted is dangerous regardless of unskillful medical or surgical treatment ARTICLE 4: ♣ ♣ ♣ ♣ ♣ ♣ Felony has been committed Any person who creates in another’s mind an immediate sense of danger.without which the result would not have occurred . 1 For persons to be held criminally liable for a felony DIFFERENT from that which he intended to commit: (1) An INTENTIONAL FELONY has been committed - (2) again IF act or omission is not punishable by RPC Act is covered by any of the justifying circumstances in Art. Refusing surgical operation b. suicide. stab wound on the thoracic cage but not penetrating to the thoracic cavity shock Examples: a. unbroken by any efficient intervening cause.2. natural and logical consequence of the felony Distinct possibility of wound infection with tetanus . which in natural and continuous sequence. negligence. 11 (Self-defense) e. produces the injury . Should NOT BE violated special law because he may NOT have INTENT to do injury to another c. 365 (Definition and Penalties of Criminal Negligence) “ Although the wrongful act done be different from that which he intended” a. defense of a relative/stranger or in the fulfillment of duty ONE ACTING IN SELF DEFENSE IS NOT COMMITTING FELONY WRONG DONE to the aggrieved party be the DIRECT natural and logical consequence of the felony - - Any person who creates in another’s mind an immediate sense of danger causing the latter to do something resulting in the latter’s injuries. self-defense.either immediate or may set things in motion Natural: occurrence in the ordinary cause Logical: there is a rational connection between the act of the accused and the resulting injuryCause and effect relationship – result is not altered by pre-existing conditions ♠ ♠ ♠ (1) Pathologic condition of the victim – INEFFICIENT INTERVENING CAUSES: -they DO NOT BREAK the cause and effect relationship . lack of foresight/skill liability Is to be determined under Art. Threatened or chased. Blows different types c.g. Removal of wound drainage thereby leading to peritonitis d. Praeter intentionem: The act EXCEEDS the intent the injurious result is greater than thant intended b. *REQUISITES OF ARTICLE 4. that is when the offender intending to do an injury to one person actually inflicts it on another c. NATURAL AND LOGICAL consequence of felonious act committed A supervening event may be the subject of amendment of original information or of a new charge WITHOUT double jeopardy - Initially SLIGHT physical injury but during the preliminary investigation serious physical injury – NO DOUBLE JEOPARDY DONE NOT direct.
297-300. 261 – Duel Physical Injuries (262 -266) 266-A Rape FELONIES AGAINST PROPERT 294.. NO INJURY or injury caused is of lesser gravity (3) Court should NOT suspend the execution of the sentence (4) Judge should submit a statement to the Secretary of Justice recommending executive clemency The penalties are NOT excessive when intended to enforce a public policy Courts have the duty to apply the penalty provided by law Courts are not concerned with the wisdom. stealing coconuts. pulmonary infection or gangrene FELONY COMMITTED IS NOT THE PROXIMATE CAUSE (1) Active force that intervened between the felony committed and the resulting injury Such force is a distinct act or absolutely foreign from the felonious act (2) Resulting injury is due to the intentional act of the victim * Article 266. 259 – Abortion 260.Refusal to medical attendance or surgery . Accused acted with LESSER DEGREE of malice and/or (e.Nervousness or temperament of the victim (if in shock) . penalty 4mos only) b. RPC – Ill-treating another without causing any injury * Neglect of wound or unskillfull treatment – active force BUT NOT A DISTINCT ACT or absolutely foreign from the criminal act ♣ Impossible crimes (ARTICLE 5) – indicative of criminal tendency Potential criminal / “socially dangerous” person Positivists: PROTECT society from anti-social activities Penalty: Article 59 . acquit the accused (4) Judge must make a report / recommendation to the Chief Executive via the Secretary of Justice and state reasons why the act should be subject to penal legislation ARTICLE 5 ♣ Cases of EXCESSIVE PENALTIES (1) Court AFTER TRIAL finds the accused guilty (2) Penalty provided by law is CLEARLY EXCESSIVE because a. 257. heart disease . if adequate: it is NOT an impossible crime but FRUSTRATED FELONY FOR ACTS WHICH SHOULD BE REPRESSED BUT ARE NOT COVERED BY THE LAW (1) Act committed is NOT punishable by ANY LAW (2) Court deems it proper to REPRESS SUCH ACT (3) Court must render the proper decision by dismissing the case.Tuberculosis. 258.There is no crime if there is no law that punishes the act REQUISITES OF IMPOSSIBLE CRIMES: (1) Act performed is an offense to persons or property (2) EVIL INTENT (3) Ineffectual or inadequate means / accomplishment is inherently impossible (4) Act is NOT a violation of another provision of the RPC FELONIES AGAINST PERSONS 246 – Parricide 248 – Murder 249 – Homicide 255 – Infanticide 256. nulla poena sine lege .BASIS: Nullum crimen.g. 310-11 – Theft 312 – 313 Usurpation 314 Culpable insolvency 315 – 318 Swindling and other deceits 319 Chattel mortgage 320 – 326 Arson and other crimes involving destruction 327 – 331 Malicious mischief Impossible Crimes – IMPORTANT TERMS: (1) Inherent impossibility of accomplishment – act intended is one of impossible accomplishment Either legal impossibility or physical impossiblility (2) Means employed must be INADEQUATE. 307 – Brigandage 308. fault of the doctors (4) Conditions supervening the felonies act – tetanus.Causes inherent to the victim: not knowing how to swim. efficacy or morality of laws The ONLY function of Judiciary: to interpret the laws and if not in disharmony with the Constitution to apply them ♣ ♣ . addicted to tuba drinking .Erroneous or unskillful medical or surgical treatment (2) Predisposition of the offended party (3) Concomitant or concurrent conditions as the negligence. 302-303 Robbery 306.
courts duty is TO APPLY THE LAW ♣ .♣ Judge has the duty to apply the law as interpreted by the Supreme Court Judge may state his own opinion BUT it is his DUTY TO APPLY THE LAW AS INTERPRETED BY THE HIGHEST COURT OF THE LAND Inconsistencies may cause unnecessary delays and expenses Courts ARE NOT THE FORUM TO PLEAD FOR SYMPATHY.
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