Quiz 2 Why is Criminal Law part of Public Law?

It is a branch of public law because it treats of acts or omissions of the citizens which are deemed primarily as wrongs against the State more than against the offended party Why is the Revised Penal Code the Principal Source of Criminal Laws in the Philippines? The Code expressly defines the elements that consist in each crime, and the existence all these elements have to be proven beyond reasonable doubt in order to secure conviction. What is Due Process? Giving opportunity to be heard before judgment is rendered A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property

What is Proximate Cause? How does it operate to determine liability? That cause which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the result would not occurred.

What is an Efficient Intervening Cause? How does it operate to mitigate or remove liability? New and independent act which itself is a proximate cause of an injury and which breaks the causal connection between the original wrong and the injury. The defendant may escape liability by showing that a subsequent act or event, or intervening cause, was the real cause of the injury. Not all intervening causes relieve a defendant of liability. An intervening cause relieves a defendant of liability only if it would not have been foreseeable to a reasonable person, and only if damage resulting from the defendant's own actions would not have been foreseeable to a reasonable person.

What is a Felony? How is it distinguished from a Crime and from an Offense? Felony - Any act or omission penalized by the Revised Penal Code Crimes - Act or omission contrary to the public good or in violation of public law Offense - Act or omission penalized by special laws

What is an Intentional Felony? How do you determine if the act is intentional felony? Intentional Felony - Acts or omission of the offender is malicious. The act is performed with deliberate intent and has the intention to cause an injury to another Requisites for an Intentional Felony - He must have FREEDOM while doing an act or omitting to do an act - He must have an INTELLIGENCE while doing the act or omitting to do an act - He is IMPRUDENT, NEGLIGENT or LACK OF FORESIGHT or SKILL while doing the act or omitting to do an act. What is a Culpable Felony? How do you determine if the act is culpable felony? Culpable Felony - The act or omission is not malicious. The injury caused to the other person is unintentional, it being simply the incident of another act performed without malice. Requisites for a Culpable Felony - He must have FREEDOM while doing an act or omitting to do an act - He must have an INTELLIGENCE while doing the act or omitting to do an act - He must have an INTENT while doing the act or omitting to do an act What is Dolo? What is Culpa? Negligence Fraud or malice A conscious and intentional design to evade the normal fulfillment of existing obligations

What are the characteristics of Criminal Law? Explain each 1. Generality - Penal laws govern everyone within the territorial jurisdiction of the state regardless of race, belief, sex or creed subject to certain exceptions under international agreements. 2. Prospectivity - Penal law only takes effect after its effectivity date and never retrospective in application except for certain instances. 3. Territoriality - Penal laws are effective within the territorial confines of ones jurisdiction What do we mean by French Rule in criminal jurisdiction? Provides that if a crime is committed on board a foreign vessel in Philippine waters, it should not be prosecuted in our courts, except when the offense affects the peace, security and safety of the country

What do we mean by English Rule in criminal jurisdiction? Provides that if a crime is committed on board a foreign vessel in Philippine waters, the case is within the jurisdiction of our courts, except when it merely affects the internal discipline and management of vessel.

Article 2 of the RPC provides for the application of its provisions. It also provides for it efficacy even beyond our territory. What are these instances and explain each 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. What are the sources of criminal law? Revised Penal Code Enactments of the Phil. Legislature National Assembly Batasang Pambansa Present Congress Presidential Decrees and Executives orders which are still in effect Special Laws Jurispudence

Are Presidential Decrees still valid law? Only President Marcos issued Presidential Decrees. In the Freedom Constitution of 1986, President Corazon C. Aquino (see Article IV) recognized the validity of existing Presidential Decrees unless otherwise repealed. What is Justifying Circumstance? Give example Those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both civil and criminal liability. 1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. Unlawful aggression.

Second. Reasonable necessity of the means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending himself 2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein. 3. Anyone who acts in defense of the person or rights of a stranger provided that the first and second requisites mentioned in the first circumstance of this Art. are present and that the person defending be not induced by revenge, resentment, or other evil motive. 4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present;

First. That the evil sought to be avoided actually exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it. 5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. What is an Exempting Circumstance? Give example Those grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. The offender is not criminally liable but is civilly liable. 1. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. 2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code. When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80. 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 5. Any person who act under the compulsion of irresistible force. 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. There are other provisions in the Revised Penal Code which provide for circumstances that also exempt the accused from criminal liability:

Prescription (Art. 80). Death or physical injuries under certain conditions (Art. 247). Relationship in the crimes of theft, swindling and malicious mischief (Art. 332). Pardon by or marriage with offended party (Art. 344). Relationship in the case of certain accessories (Art. 20)

What is a Mitigating Circumstance? Give example Circumstances which lessen the penalty. It may be privileged or ordinary. Privileged cannot be offset by aggravating circumstances while ordinary circumstances may be offset by aggravating circumstances. 1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant. 2. That the offender is under eighteen years of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of article 80. 3. That the offender had no intention to commit so grave a wrong as that committed.

4. That sufficient provocation or threat on the part of the offended party immediately preceded the act. 5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito) his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters or relatives by affinity within the same degrees. 6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. 7. 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. 8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communication with his fellow beings. 9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts. 10. And, finally, any other circumstance of a similar nature and analogous to those above mentioned. What is an Alternating Circumstance? Give example Those which must be taken into consideration as aggravating or mitigating according to nature and effects of the crime and the other conditions attending its commission. 1. 2. 3. 4. Relationship Intoxication Degree of Instruction Education of Offender

What is the difference between Mala In Se from Mala Prohibita. Basis MALA IN SE Moral state of the offender; hence, good faith or lack of criminal intent is a defense MALA PROHIBITA Voluntariness; hence, good faith or lack of criminal intent is not a defense, unless intent is an element of the crime such as in Sec. 3[e] of RA 3019. Not considered because the law intends to discourage the commission of the act specially prohibited.

Modifying Circumstances

Taken into account in imposing the penalty on the offender precisely because his moral trait is the basis of his crime. Hence, greater perversity

Degree of Participation

Stage of Accomplishment

deserves a higher penalty; whereas, lesser depravity deserves mitigation. Penalty is computed on the basis of whether the malefactor is a principal offender, or merely an accomplice or accessory. The penalty imposed depends on whether the crime is consummated, frustrated or attempted.

The penalty on the offenders is the same as they are all deemed principals.

Moral Turpitude

Law Violated

Generally involve moral turpitude logically, so for its basis is the moral state of the offender. Generally, the Revised Penal Code.

Violation of law is punished only when accomplished or consummated because intent is inherent in attempted or frustrated stage and intent is not relevant in crimes mala prohibita. Not involved because the act would not have been wrong if not for the prohibition of law Generally, special penal laws