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1. What is Criminal Law?

Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. 2. When did the RPC take effect? rt 1. Time when Act takes effect !his Code shall take effect on the first da" of #anuar", nineteen hundred and thirt" two. $#an. 1, 1%&2' &. What are the sources of Phil. Criminal Law? a.' !he RPC and its amendments b.' (pecial Penal Laws passed b" the Phil Commission, Phil ssembl", Phil Le)islature, *ational ssembl", the Con)ress of the Philippines, and the +atasan) Pambansa. c.' Penal Presidential ,ecree issued durin) -artial Law. .. What is meant b" e/0post facto law? $1' -akes an action done before the passin) of the law and which was innocent when done criminal, and punishes such action1 or $2' ))ravates a crime or makes it )reater than it was when committed1 or $&' Which dama)es the punishment and inflicts a )reater punishment than the law anne/ed to the crime when it was committed1 or $.' Which alters the le)al rules of evidence and receives less or different testimon" than the law re2uired at the time of the commission of the offense in order to convict the defendant1 or 3' ssumes to re)ulate civil ri)hts and remedies onl" but in effect imposes a penalt" or deprivation of a ri)ht which when done was lawful1 or 4' ,eprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of the former conviction or ac2uittal, or a proclamation of amnest". 3. What are the characteristics of Criminal Law? 5/plain each.

$1' 65*5R L, in that criminal law is bindin) on all persons who live or so7ourn in the Philippine territor". $2' !5RR8!9R8 L, in that criminal laws undertake to punish crimes committed within Phil. territor". $&' PR9(P5C!8:5, in that a penal law cannot make an act punishable in a manner in which it was not punishable when committed. s provided in rt. 244of the RPC, crimes are punished under the laws in force at the time of their commission. 4. re there persons e/empt from the covera)e of our criminal laws? 8f "our answer is in the affirmative, then who? $1' (overei)ns and other chiefs of state. $2' mbassadors, ministers plenipotentiar", ministers resident, and char)es d;affaires.

<. 8s there an" e/ception to the territorial application of our criminal law? 8f there are, what are the e/ceptions? rticle 2. Application of its provisions. - 5/cept as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not onl" within the Philippine rchipela)o, includin) its atmosphere, its interior waters and maritime =one, but also outside of its 7urisdiction, a)ainst those who> 1. (hould commit an offense while on a Philippine ship or airship1 2. (hould for)e or counterfeit an" coin or currenc" note of the Philippine 8slands or obli)ations and securities issued b" the 6overnment of the Philippine 8slands1 &. (hould be liable for acts connected with the introduction into these islands of the obli)ations and securities mentioned in the precedin) number1

.. While bein) public officers or emplo"ees, should commit an offense in the e/ercise of their functions1 or 3. (hould commit an" of the crimes a)ainst national securit" and the law of nations, defined in !itle 9ne of +ook !wo of this Code. ?. What are the different effects of repeal of penal law? $1' 8f repeal makes the penalt" li)hter in the new law, the new law shall be applied, e/cept when the offender is a habitual delin2uent or when the new law is made not applicable to pendin) action or e/istin) causes of action. $2'8f the new law imposes a heavier penalt", the law in force at the time of the commission of the offense shall be applied $&'8f the new la w totall" repeals the e/istin) law so that the act, which was penali=ed under the old law, is no lon)er punishable, the crime is obliterated. %. What are the rules that )overn the construction of penal laws? 1' penal law is liberall" construed in favor of the accused. 2' 8n case there is ambi)uit" of the law. 1@. What is a felon"? rticle &. Definition. - cts omissions punishable b" law felonies (delitos).

Consummated felony a felon" is consummated when all the elements necessar" for its e/ecution and accomplishment are present. Frustrated felony - it is frustrated when the offender performs all the acts of e/ecution which would produce the felon" as a conse2uence but which, nevertheless, do not produce it b" reason of causes independent of the will of the perpetrator. Attempted felony - !here is an attempt when the offender commences the commission of a felon" directl" b" overt acts, and does not perform all the acts of e/ecution which should produce the felon" b" reason of some cause or accident other than his own spontaneous desistance. 12. What is a mistake of fact? -istake of Aact $i)norantia facti e/cusat' When an offender acted out of a misapprehension of fact, B it cannot be said that he acted with criminal intent. B When the offender acted out of a mistake of fact, criminal intent is ne)ated, so do not presume that the act was done with criminal intent. B !his is absolutor" if the crime involved dolo. 1&. 6ive the re2uisites of mistake of fact.

and are

Aelonies are committed not onl" b" means of deceit (dolo) but also b" means of fault (culpa). !here is deceit when the act is performed with deliberate intent1 and there is fault when the wron)ful act results from imprudence, ne)li)ence, lack of foresi)ht, or lack of skill. 11. What are the classifications of felonies? $ rt. 4 of RPC' or

!he Re2uisites of -istake of fact are> i. !hat the act done would have been lawful had the facts been as the accused believed them to be1 ii. !hat the intention of the accused in performin) the act should be lawful1 iii. !hat the mistake must be without fault or carelessness on the part of the accused. When the accused is ne)li)ent, mistake of fact is not a defense.

1.. What is mala in se? -ala prohibita? 6ive an e/ample each. - L 8* (5 ,efinition cts that are wron) from their nature 8ntent )overns RPC Criminal intent - L PR9C8+8! cts that are wron) merel" because it is prohibited b" a statute 8ntent is not important (pecial penal laws 8ntent to perpetuate the crime

Article 9. #rave felonies$ less %rave felonies and li%ht felonies. - 6rave felonies are those to which the law attaches the capital punishment or penalties which in an" of their periods are afflictive, in accordance with article 23 of this Code. Less )rave felonies are those which the law punishes with penalties which in their ma/imum period are correctional, in accordance with the above0mentioned article. Li)ht felonies are those infractions of law for the commission of which the penalt" of arresto menor or a fine not e/ceedin) 2@@ pesos or both, is provided. 1?. What are the circumstances affectin) criminal liabilit"? 1' #ustif"in) Circumstances 2' 5/emptin) Circumstances &' -iti)atin) Circumstances .' ))ravatin) Circumstances 3' lternative Circumstances 1%. Re2uisites of self defense 1' Enlawful a))ression 2' Reasonable necessit" of the means emplo"ed to prevent or repel it1 &' Lack of sufficient provocation on the part of the person defendin) himself 2@. Re2uisites of defense of relatives 1' Enlawful a))ression 2' Reasonable necessit" of the means emplo"ed to prevent or repel it1 &' 8n case the provocation was )iven b" the person attacked, the one makin) a defense had no part therein. 21. Re2uisites of defense of stran)ers 1' Enlawful a))ression 2' Reasonable necessit" of the means emplo"ed to prevent or repel it1 &' !he person defendin) be not induced b" reven)e, resentment, or other evil motive. 22. Classif" felonies accordin) to the mode of e/ecution and e/plain each Aelonies as> are classified

8ntent :iolates -inimum re2uired for a person to incur criminal liabilit"

- L 8* (5 D e.). felonies and penali=ed b" the RPC. !he acts are inherentl" immoral. - L PR9C8+8! D e.). possession of opium, malversation, bri)anda)e, and libel. 13. 8ntent distin)uished from motive otive is the movin) power which impels on to action for a definite result. !ntent is the purpose to use a particular means to effect such result. 14. When is criminal liabilit" incurred? Article 4. Criminal lia"ility. - Criminal liabilit" shall be incurred> 1. +" an" person committin) a felon" (delito) althou)h the wron)ful act done be different from that which he intended. 2. +" an" person performin) an act which would be an offense a)ainst persons or propert", were it not for the inherent impossibilit" of its accomplishment or on account of the emplo"ment of inade2uate or ineffectual means. 1<. Classif" felonies accordin) to their )ravit" and e/plain each.

1. ttempted felon" when the offender commences the commission of a felon" directl" b" overt acts, and does not perform all the acts of e/ecution which should produce the felon" b" reason of some cause or accident other than his own spontaneous desistance1 2. frustrated felon" when the offender commences the commission of a felon" as a conse2uence but which would produce the felon" as a conse2uence but which nevertheless do not produce the felon" b" reason of causes independent of the perpetrator1 and, &. Consummated felon" when all the elements necessar" for its e/ecution are present. 2&. 5rror in personae. intentionem berratio ictus. Praeter

&rror !n 'ersonae 0 mistake in identit". 5F -PL5> 8t was the actual victim upon whom the blow was directed, but he was not reall" the intended victim. thou)ht of killin) +. Ce positioned himself at one corner where + usuall" passes. When a fi)ure resemblin) + was approachin), hid and when that fi)ure was near him, he suddenl" hit him with a piece of wood on the nape, killin) him. +ut it turned out that it was his own father. !he crime committed is parricide, althou)h what was intended was homicide. A"erratio !ctus - Person directed the blow at an intended victim, but because of poor aim, that blow landed on someone else. 'rater !ntentionem - !he result is )reater than what was intended.