2012 Criminal Law Review Notes: June 14, 2012: Coverage: prelim title; Arts.

1-2; VFA Q: What is Criminal Law? Q: Is Criminal Law the same as the Revised Penal Code? A: No. Q: What is the distinction between Criminal Law and Criminal Procedure? Q: As to nature? Q: As to application Q: As to enactment or where does it emanate from? Q: What is the law that created the committee to revise the Spanish Penal Law? A: DOJ Administrative No. 94 Q: When did the Spanish Penal law take effect? A: July 14, 1887 Q: What were the things taken into consideration to contain in the Revised Penal Code? A: provisions of the Spanish Penal Coe, US Penal Code, Supreme Court decisions before the RPC both of the Philippines and of Spain Q: Is the power of Congress to enact penal laws absolute? A: As a general rule, yes however, as an exception, it should not violate the Bill of Rights give examples under the Bill of Rights Q: What are the sources of Criminal Law? A; RPC, Special Penal Laws enacted by Congress, Penal Presidential Decrees issued during Martial Law Q: Does the President or the Office of the President have the power to enact penal laws or issue penal decrees? A: No. It is vested solely on the Legislature Marcos' era was an exception because the power of the executive and the legislative then only belonged to one PERSON

Q: What are the theories in criminal law? A: Classical, Positivist, Mixed Q: Distinguish Classical from Positivist Q: Explain it in your own words: as to objective, as to how man is perceived, and as to emphasis: A: Classical - retribution, man is a rational being, on the crime Positivist - reformation, man is a moral being, on the criminal Q: Give examples of laws under Classical A: Those crimes punished by Death, Life imprisonment or Reclusion Perpetua such as RA 7659, RA 9372 Q: Why? A: No more reformation! Q: Give examples of laws under Positivist or Realistic A: Probation Law, ISLaw, Juvenile Justice and Welfare Act (perfect example daw) Q: What are the Fundamental principles of Criminal Law? Explain each briefly A: Nationality, Territoriality, Prospectivity Nationality principle: criminal law is binding on all persons who live or sojourn in the Philippine territory regardless of race, nationality, and other personal circumstances Q: is this Absolute? A: No. Q: What are the exceptions? A: Treaties and Laws of Preferential Application Q: How about Territoriality A: No; there are exceptions: Treaties and Laws of Preferential Application Q: Why do you prosecute a crime in the name of Pp vs ___? A: Because a crime is an offense against the dignity, authority and sovereignty of the Philippine territory and it is also an offense against the public Q: What are the types of repeal? Q: What are the effects? Q: What is the status? Q: Why? Q: What happens to the person serving sentence? Q: What happens to the pending case? Q: Why is criminal law construed strictly against the state and liberally in favor of the

accused? A: Bec. it will deprive the person of his life, liberty, or property Q: Can you give an example of a law regarding the "except on treaties" based on territoriality A: VFA Q: why is it an exception to both the nationality and territoriality principle? A: Q: Who are persons covered by VFA? Q: WHat are the crimes covered by the VFA referring to the place of commission? Q: Where should they be committed? A: Phil. territory Q: What is the effect of VFA? A: They are not covered by the RPC, not subject to criminal prosecution by the Phil courts Q: What do you mean by exclusive jurisdiction? Q: Under the VFA, when may US authorities exercise exclusive jurisdiction on crimes committed by the US personnel A: Acts against national security of US and acts nor punishable by Phil laws. Q: How about the Phils, when may it exercise exclusive jurisdiction? A: National security of PH, and not punishable by US laws. in all other cases, PH courts shall exercise jurisdiction Q: When is the primary right of US to exercise jurisdiction over certain cases? A: National security cases of US govt Q: give the other one Q: Crime by US personnel against US security, supposing it is punishable only in the US, who has jurisdiction? A: USA Q: Crime against national security of US and punishable by Phil laws, who has jurisdiction? Q: Who has primary right? A: USA Q: When the act of US personnel is against property of the US govt (is intent material), who has jurisdiction? Q: US Marine sergeant driving a US marines car, he stopped the military jeep and set it on fire, what is the crime? Q: Is it a crime against the US Govt?

A: Yes Q: May he also be tried in the Phil courts? Q: Does the US exercise primary right over that case? Q: Supposing the driver is a Filipino citizen, who has jurisdiction? A: USA. What is important is membership in the US Military not citizenship Q: An abu sayyaf member of the US military, is he under the jurisdiction of the US? A: No? Q: What other exceptions on US having primary jurisdiction? Q: Supposing US personnel #1 took the check of US personnel #2, and deposited it to his account, may the US acquire jurisdiction? Q: Is it a crime against property or a crime against public interest. A: it is a crime against public interest Q: Both Filipino citizens, connected to the US, both went to a town fiesta, M1 shot M2, they are both Filipinos, which court has jurisdiction? A: US Q: Why? A: It is a crime against the person of the US personnel Q: If a crime is both punishable and cognizable by US and PH courts, and US wants to take cognizance, as a judge, will you grant the waiver or deny it? A: Grant Q: Why? A: Provision that the Phils. WILL grant Q: Can you file a civil case? A: Yes but in crim, you have no recourse Q: What is the consolation of the Phils? A: Phil courts can deny when crimes of national importance were committed Q: Such as? A: Violation of RA 7659, RA 7610, and DDA Q: Give another example of law re Generality and preferential application A: RA 75 on diplomatic immunity, PD 1620 IRRI, ADB, Muslims can't be convicted of Bigamy (explain further) Q: Is the constitution also a law of Preferential application? A: YES Q: Give a certain provision of law in the Consti A: President cannot be prosecuted, VP, Sen. Pres, House Speaker, Justices of the SC, Ombudsman,COMELEC, CSC, COA

Q: May then CJ Corona be liable for Plunder, Perjury? A: YES. He is no longer immune Q: Give the theories of French and English Rule Q: What is the French rule about? Q: Which country has jurisdiction? Q: The flag country, or the country where the vessel is registered Q: What is the English Rule about? Q: Which country has jurisdiction? Q: Which is followed in the Phils? A: English Rule Q: Why? A: Bec. of the territoriality principle Q: What is necessary in Par. 1 section 2? A: That it is registered under the Philippine laws and in the MARINA Q: Where should it be committed? A: International waters and not in any other country Q: What is a philippine airship or ship? A: A private or merchant vessel Q: Why is it that a Philippine warship (if ever we have one) is not covered by par. 1 art.2? A: Because it is considered in the principle of international law that a warship is considered as an extension of the country's sovereignty and territory Q: If a crime committed on board a Phil ship is committed in Vietnam, which country has jurisdiction? A: Vietnam Q; What are the rules under Art. 2?

June 16, 2012 Q: Give laws of preferential application in PIL A: Doctrine of diplomatic immunity, warship rule, embassies Q: Differentiate consular officers vs ambassadors Q: Ambassador of Japan to the US in the Philippines. May he be prosecuted in the Phils?

A: Yes Q: WHy? A: He is not an ambassador of Japan to the Philippines, not duly recognized. He's an ordinary person in the Philippines Q: Ambassador who is yet nominated A: Still yes. He's not yet duly accredited, therefore not covered by diplomatic immunity. He has not shown his credentials yet Q:Director of WHO, ran over a child, died. May he be prosecuted? A: No. WHO is a specialized agency of the UN and we have a treaty with them. Agreement in 1953 signed in Geneva which includes Executive officials of the UN and WHO Q: You invited your neighbor to the US embassy, inside one of the CRs you shot him, may you be prosecuted? A: No. foreign soil already Q: Why? A: Embassy is an extension of sovereignty of a foreign country Q: Supposing you killed someones outside, you went inside the US embassy, may you be prosecuted? Arrested? A: No. US embassy is still part of the US territory. Phil laws cease to exist. You're subject to the laws of the US and authorities cannot pursue you Q: What is that legal way? A: Extradition Q: You're part of a rally, shot a police, jumped over the fence of the US embassy, can you say come and get me to the police? A: YES. Foreign territory Q: What is the warship rule? A: Warships are considered extensions of territory Q: Phil warship while cruising in the waters of Australia, Filipino crew shot another, who has Jurisdiction? A: Philippines Q: USS Clinton docked at Subic, opened for public viewing, you invited GF, you committed acts of lasciviousness, can you be prosecuted? A: No. US Court shall be the one. It is still a part of the US territory Q: What is the second instance of Art. 2? A: Q: Can you give an example of counterfeiting of currency notes?

Q: Supposing, a taiwanese owns a printing shop, he printed bogus 1000 pesos in taiwan, arrested in boracay when he visited PH, allowed? A: Yes, Why? Art. 2 par 2 Q: Chinese has factory in China, forged bogus coins in CHina, may he be prosecuted here? A: Yes Q: Give examples of obligations/ securities of PH A: Sweepstakes, lotto, tbills Q: You want to falsify those sweepstakes, went to HK to make it the best falsified lotto ticket, after which you returned to the Phils, may you be prosecuted? A: No. Par. 3 applies Q: Printing of bogus 1000 bills in Taiawan, sent to the Philippines, may he be liable? A: Yes, Par. 2 Q: Give an example of Par.4 Q: Supposing a Finance officer in the Phil. embassy in Australia appropriated 100,00 what crime was committed? A: Malversation Q: Is RA 3019 included? A: YEs Q: May he also be prosecuted for RA 3019? A: No, Art. 2 limits only the application of RPC not included ang SPLs Q: NBN-ZTE case. GMA, FG, Abalos and Leandro Mendoza. What is the crime for each? A: GMA and Mendoza, Direct Bribery. Abalos and FG, none Q: Give last 2 instances of Art. 2 Q: On Piracy, what kind is contemplated? A: Piracy under the RPC Q: Why? A: Bec. Piracy in RPC includes high seas, considered crime against law of nations. PD 532 is only for PH waters Q: Conspiracy to commit coup, conspiracy to commit rebellion, conspiracy to commit sedition, can they be arrested here if all committed in HK? A: NO. they are crimes against public order Q: What is a felony? A: Felony is an act or omission punishable by the Revised penal code and these acts and omissions are voluntary

Q: HOw may it be committed? A: A felony is committed either by deceit or culpa Q: When is the dolo, when is there culpa? A: there is deceit when there is deliberate intent. there is culpa when there is negligence, imprudence, or lack of skill, or lack of foresight Q: What do you call amendments to the RPC? A: Felonies Q: Acts and offenses punishable by special penal laws, what are they? A: Offenses Q: those punishable by ordinance? A: Misdemeanor Q: What is a crime? A: An encompassing term which consists of felony, offense, and misdemeanor Q:Distinguish between Mala in se and mala prohibita Q: But in special penal laws, there are terms which are the same as the RPC such as Reclusion Perpetua and RT, dont they make it a felony? A: No Q: Why? Q: Give an example of a felony by omission A: Illegal exaction, abandonment of person in danger in an uninhabited place, misprision of treason, failure to render account, illegal exaction, infidelity in custody, conniving with or consent to free a prisoner Q: What are the elements of felonies? A: Act or omission, punishable by RPC, with voluntariness Q: What is an act? Q: Without bodily movement can you be liable? A: NO. Q: Thoughts of killing sir, can you be prosecuted? A: NO Q: is this absolute? A: NO. Q: Why? A: Conspiracy to commit treason is punishable Q:What about an impossible crime? Q: Os there still an act? Q: Is there a crime committed?

A: Yes Q: What is the defense in an act or omission? A: Alibi, easily concocted, ; also general denial Q: How do you know if it is not punishable? A: By reading the language of the law Q: Charge is not included in RPC. Liable? A: No. Do not go beyond the language of the law. No one can be convicted by reason of spirit of the law Q: If there is no intelligence, freedom, intent, is there a crime? A: No. Acquit Q: What is the defense to destroy a presumption of criminal intent? A: Good faith, particularly Honest mistake of fact Q: Is there any other? A: Justifying circumstance Q: In Special Penal laws, is good faith a defense? A: NO Q: Is failure to include assets in your SALn an offense? A: yes Q: Is GF a defense? A: no Q: In carrying an unlicensed firearm, police caught you, is good faith a defense? A: No. Mere possession of unlicensed firearm is prohibited Q: Camp Crame to apply, completed requirements, several months already passed, raid held in your house, firearm found under your pillow, may you be convicted? A: No. est deviation PP. vs Mallari, bec. you had the intention to get a license. government's fault Q: Brgy official caught by military during an election ban when he collected guns. liable? A: 2nd deviation, in the performance of his duty, he cannot be convicted because substantial justice shall govern over procedural law Q: Unlicensed firearm, took from your table, he's prosecuted for theft and illegal possession, what crimes will prosper? A: Theft only. Q: Why? A: Possession is mere transient Same h.w plus cases of PP vs Inot and PP vs Jacinto