Crim 1 – Discussion notes

August 4, 2023
Types of Crime:
injury against the stae
Personal injury against the private pary

penalty either imprisonment or fine

Every criminal action Two injuries Up!!
Criminal action: ppl of the Philippines vs x or 1

disturbance of public order

Civil cased: x v y
Criminal cases always ppl of the phil v accused

Phil legislature: Senate: upper and lower house: not absolute in nature
Exeption : penal laws must be general : equal protection acts
Must not ex post facto law

Limited power ofc congress

es post: law makes it criminal
bill of attai: law penalizing offender: due process of law

Congress cannot enact a law that will cut a hand: cruel Prohibited by the consti
3 characteristics:
1. Generality : all ppl who lives in the phil whether kung ano nationality
obligated to abide
Not absolute: exception: Public international law, diplomats, ambassadors etcc : immune while
they are here in the phil even I f they violate the penal laws
They enjoy diplomatic
Consul is not included except when there is a treaty and an agreement between the two states
When the act performed pertains to a specific function
President of south korea appointed x, enroute to the phil, phil airlines
White otw: sir put on ur mask on: rule in the Philippines
While nearing NAIA
FA reminded X to put face mask on
Bec of this he pushed her and slapped the FA
Can ambassador x be prosecuted? No
Cannot be prosecuted bec he is an ambassador: diplomatic rep from Korea: Blanket Diplomatic
Immunity

Jefrey Liam v The People

Jerfrey : Economist in Asia development Bank
Oral defamation
Liam said defamatory words
5 counts of oral def: metropolitan trial court of mandaluyog
Dept of foreign affairs: DFA: jefrey is immune from all legal processes
Judge dismissed the case by joyce Cabal
Is the said judge correct? SC said NO!!!
courts cannot blindly adhere
Prelimnary in nature
Denied prosec due process
SC: ADB and Phil govt: not absolute: execption , act must be done in official capacity
Cannot be done in act of official capacity
SC ruling: NO EXCEMPTED

Mentzxhe: judge dismissed the case

Arthur: buy bust operation
Civil action for damages against Arthur
Filed a motion to dimiss bec he is an agent:a act in his duties
Is arhutr under diplomatic s
Vienna convention: only
Arthur is not a diplomatic agent: repsentative on political matters
Civil ation cannot prosper: although not diplomat: h is immune under the state immunuti from
suit
It is as if we are suing the USa
Doctrine of state immunity from suit

Another exception: preferential applicationL immune individuals from

members of congress cannot be prosecutedslander etc whil congress is in session
Sen pia Cayetano lambasted Cebu Pacific
Gokongwei felt offended
NOOO
priviledge of members and congress
Law of preferential application: excepts

territorial:

Our penal laws: within Philippine archipelago

Acts outside territory are not included
Singapore for vacation: Husband, wife, and bff
Wife and bff had sex, husband caught them

Upon reaching Philippines: he sued them: adultery

Case did not prosper bec it happened otsuide the Phil jurisdiction
After a year of marriage: he was among the employees: train in Singapore for 1 year
20 employees train in Singapore
After a week: wife in the phil received photos of him cheating in Singapore
She even attempted to commit suicide
Consulted a cousel: violation ra 9264 VowC
Psychological violence
Husband contested bec phil has noo jurisdiction
Case will prosper because violation of 9262 is considered as a trasitiory or contueing offense
Violator will be prosecuted: although it happened in sing, the emotional and mental was felt by
the wife tin the Philippines
element of the crime felt in the Phil: therefore he is prosecuted
Exception of the territorial : Transitory or continuing offense
Article 2 second paragraph: instances wherein extraterroritiality
Counterfiet money, vessel phil, commit an offense
Heinous crimes against national security
Outside phil archiplegago
vessel, aircraft , registered in the Philippines
Where is the vessel registered????!!!
Vesel in phil waters: phil registered: two malaysion ppl< x killed y < x was arrested: homicide
under RPC
Malaysian countered: phil courts no jurisdiction over him
Victim also
Argument has no merit: vessel is still on Philippine waters: our laws are still applicable
Also it’s a Philippine vessel
What if its outise of Phil archipelago not owned by any country
X killed y
Case should be dismissed
Phil vessel is already outside phil archipelago
is this merotirous: No, although outside archipelago, our penal laws will still apply: bec he is on
Philippine ship or airship

Already on waters of Malaysia: Pasengers were disembarking

Filipino abt to disembark:
Y another filipino
X killed Y
Y died, X was arrested by Malaysian courts
X argued , Malaysia has no jurisdiction over him
X argument has no merit: because the vessel is already on the territory of Malaysia even if it is a
Phil vessel
Immitating coins and currency of phil: person can be prosecuted:
2nd and 3rd extraterritorial application
Pres mrcos appointed a consul in Japan
Phil embassy in Japan
Consul
x engage in buy and sell of rates
x phone’s rang: angry person, x sold a fake jewelry
X said he will replace it, never happened
OFW came back to phil: he filed estafa
Case will not prosper: bec committed in her private capacity: not connected to her job as a consul
Will be prosecuted in courts of Japan

X secratry of phil consul in Japan:

OFW: W
W followed up 3 docus, submitted 3 weeks ago, needs sign of consul
X: docus has not yet been signed
W needs it bec he will be unemployed
X; Says he can help him but needs suhol: sign mamayang hapon
W: Wala akong pera pero sige basta sign molang
X: took the document and asked the consul to sign it
Consul signed it
X and W went outside the embassy: exchange of docu and money
Another employee of phil employee took video of the transaction: DF Phil
X: charged direct bribery before phil courts
Case will prosper: falls 4th extraterriotirial, even if its done outside: directly connected to the
performance of her action; direct bribery will prosper kasi trabaho nya yyon eh

If the act pertains

it is a crime: piracy can be prosecuted against any country, crime against humanity

3rd: prospecitvity:
Not absolute
Our penal laws shall only apply
Caannot be given retroactivy

article 22 of rpc:
Special penal law
Hernan v sandigan bayan: Hernan was charged
Allegedy amount malversed 11, 300
Sandigan bayan imposed penalty mayon
Final and executory:
Can it still be opended despite being final?/
New law Ra 10951: decreases
If less than 40,00 prision correstional 6 mos : lowring of penalty
Can it be repopened: YES acceding to SC
general rule finality is immutable;
After reviewing the case: SC it is necessary to reponen the case in order to modify the penalty
NOT TOUCH THE MERITS OR ADMIT FUTRHER EVIDENCE: cannot be erased
Reponed to reduce the penalty from mayor or correctional
Ra 10951: retroctive: g=since it favors her and not habitual criminal
Penalty has been reduced: she may apply for probabtion : instead kulong, outside lang naka
probation

Doctrine of pro reo

Penal laws : in favor of the accused
in case of doubt: rue in favor of the accused
INNOSENCE!!!!!
All accused are innocent unless proven guilty
Lenity rule: Whenever a penal law is susceptible to two interpretations
Lenial should prevail
Constitutional rpsumption of innocence

Equi pose rule: Whenever the evidence: scale of justice

Constituional presumption of innocence
If its balance: prosec and fefence: defence will prevail

X : worker hungry went to canteen

2 police officers arrived: sat in between X
One police officer inserted a bag of shabu
They arrested X bec he has shabu in bag
bec they heard he has a shabu in bag
They found shabu: they arrested him
Police testified that they received a call that he has shabu
Defense: he did not buy it, di nya alam why andon
To corroborate: canteen owner saw the policeman put shabu pati waiter and etcc that they saw
police putting shabu in bag
Accused is acquitted bec it is balanced: unaquittal
prospectivyty