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Su Crimrev1
Su Crimrev1
• Territoriality
• Prospectivity
GENERALITY: General Application of Criminal Laws:
• Art 14, Civil Code –
• On all: military and PNP: Sec 46, RA 6975 (PNP); Sec 1,
RA 7055 (AFP and Cafgu, Articles of War – Waiver by
President)
EXCEPTIONS TO GENERALITY
• Laws of preferential application – RA 75, subject
to reciprocity and Parliamentary Immunities
• Generally accepted principles of public international
law – Diplomatic Convention and Doctrine of Sovereign
Immunity
• Treaty Stipulations – Lance Corporal Smith
General Rule: TERRITORIALITY (Art 2)
EXCEPTIONS:
• Art 1 Constitution and the Archipelagic theory
• Baselines – connect outermost points from
low watermark
• UNCLOS, Art 3 – 12 NA mile territorial sea
• UNCLOS, Art 33 – contiguo zone
• Exclusive Economic Zone – 200 nautical mile
Baselines of Internal 12 mile limit 12 mile cont. zone
waters
EXCEPTIONS TO TERRITORIALITY
1. Philippine ship or airship – place of registry
– French and English Rules – foreign merchant ships
– RA 6235
2. 2000 BAR, No. 1
3. Offenses related to forgery and counterfeiting Philippine
coins or currency and in the importation, uttering and
distribution in the Philippines
4. Offenses committed by public officers or employees while
performing their functions
5. Offenses against national security and the law of nations
– People vs. Lol-lo and Sarao
– 2008 Bar
– High seas
PRINCIPLE OF PROSPECTIVITY
• Ex post facto laws
• Impossible crimes
REQUIREMENT UNDER PAR. 1
• Intentional felony
• wrong done is direct, natural and logical
consequence of the felony committed
– el que es causa de la cause el que es causa del mal
causado
– PEOPLE vs. FRANCIS ABARCA, supra (resulting
crime is different from what is intended)
ERROR IN PERSONAE (PP v. Oanis)
2. FRUSTRATED STAGES
3. CONSUMMATED STAGES
SUBJECTIVE PHASE
• PHASE WHEREIN THE ACTOR CONCEIVES THE
IDEA OF COMMITTING A CRIME
• Internal Acts – not penalized
• Preparatory Acts to a particular crime – not
penalized for as long as they, in themselves,
do not constitute an offense
• ACTOR HAS CONTROL OVER HIS ACTIONS
• SPONTANEOUS DESISTANCE – no liability
provided no other crime is committed
OBJECTIVE STAGE
• State wherein the offender performed all the
acts of execution needed for the crime
• No more control
• Crime is either frustrated or consummated
CRIMES AGAINST PERSONS
• MORTALITY OF WOUND: Borinaga and Kalalo
rulings
• When the wound inflicted is not fatal,
homicide or murder is only attempted
(Velasco vs. People, GR 166479, February 28,
2006, 433 SCRA 649 and People vs. Dela Cruz,
GR 154348, June 8, 2004, 431 SCRA 388)
RAPE
• ORITA ruling
• People vs. Efren Valez (GR 136738, March 12, 2001)
– child, ½ inch penetration
• People vs. Campuhan (GR 129433, March 30, 2000)
– epidermal contact
• PEOPLE vs. MONTERON (G.R. No. 130709, March 6,
2002) – adult/ on top of female orgn
• PEOPLE vs. MARIÑO (G. R. No. 132550, February 19,
2001) – cannot recall (woke up/wet-sticky substance)
• PEOPLE vs. COLLADO (G.R. Nos. 135667-70[1],
March 1, 2001) no intent to penetrate
THEFT AND ROBBERY
1. VALENZUELA VS. PEOPLE (GR No. 160188, June 21,
2007) – Theft is a formal crime. It can only be
attempted or consummated and there can be no
frustrated stage in the crime of theft. Unlawful
taking complete when offender gains possession,
even if no opportunity to dispose
2. PP v. LEOPOLDO SALVILLA (184 SCRA 671) – control
and dominion even if no asportation or no
opportunity to dispose
CONSPIRACY & PROPOSAL
• When proposal is accepted, there is conspiracy
• Act of one is the act of all
• PEOPLE vs. ROEL PUNZALAN, ET. AL. (GR 78853; November 9,
1991) – A co-conspirator is liable for such other crimes which
could be foreseen and which are the natural and logical
consequences of the conspiracy
• PEOPLE vs. RICARDO LASCUNA, ET. AL. (GR 90626;
August 18, 1993) – time of commission; liable for graver
offense unless he performed overt acts to prevent the
graver offense
• PEOPLE vs. DE LA CERNA, ET. AL. (GR L-20911, October
30, 1967) – If the conspirators select a particular
individual or group of individuals to be their victim and
another person was killed by some, only those who
actually participated in the killing are liable
TWO FACETS OF CONSPIRACY
1. CONSPIRACY AS A MODE OF INCURRING
CRIMINAL LIABILITY (needs an overt act)
2. CONSPIRACY AS A CRIME
– Crimes against National Security
– Anti-Terrorism Law – conspiracy to commit
murder, etc
ART 10
• GEN RULE: RPC principles not applicable to
offenses under special laws:
– Penalties
– Stages of execution
– Degrees of participation
– graduation
• Exception: Suppletory application when
applicable
• MARTIN SIMON RULING