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CRIMINAL LAW

BOOK ONE

1. Definition of Criminal law


2. Enforceability of Penal laws
a. Within the Philippine Territory
b. Exception
3. Felonies and Circumstances which affect criminal Liability
a. Mala in se vs. Mala Prohibita
b. Intent vs. Motive
c. Criminal Liability
i. Proximate Cause
ii. Abberatio Ictus
iii. Error in Personae
iv. Praeter Intentionem
4. Impossible Crime
a. Inherent impossibility
b. Legal impossibility
c. Physical or Factual Impossibility
5. Acts which should be repressed but which are not covered by law (Art. 5
Par. 1)
a. Basis : Legal maxim “nullum crimen, nulla poena sine lege”, that is,
there is no crime when there is no law that punishes the act.
6. Stages of Execution
a. Consummated
b. Frustrated
c. Attempted
7. Definition of Felony
a. Culpa
b. Dolo
8. Classification of Felonies
a. Grave
b. Less Grave
c. Light
9. Conspiracy and Proposal to Commit Felony
a. Punishable only when the law provides
10. Circumstances affecting criminal liability
a. Justifying Circumstance
i. Self-defense
ii. Defense of Relatives
iii. Defense of Stranger
iv. Avoidance of Greater Evil or injury
v. Fulfillment of Duty or lawful exercise of right or office
vi. Obedience to an order issued for some lawful purpose
b. Exempting Circumstance
i. Imbecility/ Insanity
ii. Minority
iii. Accident
iv. Compulsion of Irresistible Force
v. Impulse of uncontrollable fear
vi. Insuperable or lawful cause
c. Mitigating Circumstance
i. Incomplete Justification and Exemption
ii. Under 18 or Over 70 years of age
iii. No intention to commit so grave a wrong
iv. Sufficient Provocation or threat
v. Immediate vindication of a grave offense
vi. Passion or obfuscation
vii. Voluntary Surrender
viii. Voluntary Plea of Guilt
ix. Plea to a lower offense
x. Physical Defect
xi. Illness
xii. Analogous Circumstances
d. Aggravating Circumstance
i. Taking advantage of Public office
ii. In contempt of or with Insult to Public Authorities
iii. With insult or lack of regard due to offended party by reason
of Rank, age or sex
iv. Abuse of Confidence and obvious ungratefulness
v. Crime in Palace or in the Presence of the Chief Executive
vi. Night time; uninhabited place; with a Band
vii. On occasion of a Calamity
viii. Aid of Armed Men or Means to ensure impunity
ix. Recidivism
x. Reiteration or Habituality
xi. Price, Reward or Promise
xii. Inundation, fire, Poison
xiii. Evident Premeditation
xiv. Craft, Fraud or Disguise
xv. Superior Strength or Means to weaken the Defense
xvi. Treachery
xvii. Ignominy
xviii. Unlawful Entry
xix. Breaking wall, floor, roof
xx. In aid of persons under 15 or by Motor Vehicle
xxi. Cruelty
e. Alternative Circumstance - must be taken into consideration as
aggravating or mitigating according to the nature and effects of the
crime and other conditions attending its commission.
i. Relationship
ii. Intoxication
iii. Degree of instruction and education of the offender
11. Persons Criminally Liable for Felonies
a. For Grave and Less Grave:
i. Principals
ii. Accomplices
iii. Accessories
b. For Light Felonies:
i. Principals
ii. Accomplices
12. Penalties
a. Definition
b. Theories on Justifying penalty:
i. Prevention
ii. Self-defense
iii. Reformation
iv. Exemplarity
v. Justice
13. Effect of Pardon by the offended Party
14. Classification of Penalties
a. As to their severity
i. Capital
ii. Afflictive
iii. Correctional
iv. Light
b. As to Nature
i. Principal
- Divisible
- Indivisible
ii. Accessory
c. As to Subject Matter
i. Corporal (Death)
ii. Deprivation of Freedom
- Reclusion Perpetua and Temporal
- Prision mayor and correccional
- Arresto mayor and menor
iii. Restriction of Freedom
- Destierro
iv. Deprivation of Rights
- Disqualification and Suspension
v. Pecuniary
- Fine
d. Duration and Effects of Penalties (Arts. 27 to 45)
e. Application of Penalties
f. Complex Crimes
i. Under Art. 48 (Ordinary Complex Crime)
- Compound Crimes
- Complex Crime proper
ii. Special Complex Crime or Composite Crime
iii. Continued Crime / Continuing Crime
g. Imposition of Penalties and Fines
h. Successive Service of Sentence
i. Three-fold Rule (3:4:40)
- Can only be applied if the convict if the convict is to
serve four (4) or more sentences successively.
- Under this rule, when a convict is to serve successive
penalties, he will not actually serve the penalties
imposed by law. Instead, the most severe of the
penalties imposed on him shall be multiplied by three
and the period will be the only term of the penalty to be
served by him. However, in no case should the penalty
exceed 40 years.
j. Absorption System
k. Indeterminate Sentence Law
l. Probation Law
m. Execution and Service of Penalties
n. Extinction of Criminal Liability
i. Total
ii. Partial
o. Prescription of Crimes
p. Prescription of Offenses
q. Prescription of penalty
r. Civil Liability

BOOK TWO

1. Crime against National Security and the Law of Nations


a. Treason
b. Conspiracy and proposal to commit treason
c. Misprision of treason
d. Espionage
e. Inciting to war or giving motive for reprisals
f. Violation of neutrality
g. Correspondence with hostile country
h. Flight to enemy’s country
i. Piracy in general and mutiny on the high seas or in Philippines waters
j. Qualified Piracy
2. Crime against the Fundamental Law of the State
a. Arbitrary detention
b. Delay in the delivery of detained persons to the proper judicial
authorities
c. Delaying Release
d. Expulsion
e. Violation of Domicile
f. Search warrants maliciously obtained, and abuse in the service of
those legally obtained
g. Searching domicile without witnesses
h. Prohibition, interruption, and dissolution of peaceful meetings
i. Interruption of religious worship
j. Offending the religious feelings
3. Crime against Public Order
a. Rebellion or insurrection
b. Coup d’ etat
c. Penalty for rebellion, insurrection or coup d’ etat
d.