Criminal

Law 1 ELEMENTS LIST Midterms Characteristics of Criminal Law: 1. General 2. Territorial 3. Prospective Exceptions to General application of the RPC: 1. Treaties 2. Laws of Preferential Application Ambassadors Public Ministers Domestic servants of ambassadors and public ministers Except: o Person is a citizen of the RP o Not registered with the Dept. of Foreign Affairs 3. Principles of Public International Law Sovereigns & other chief of states Ambassadors, minister plenipotentiary, resident ministers & charges daffaires ARTICLE 2 Extraterritorial Crimes 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Government of the Philippines Islands 3. Should be liable for acts connected with the introduction into theses 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; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title 1 of Book 2 of the RPC ARTICLE 3

Elements of a Felony 1. There must be an act or omission 2. The act or omission must be punishable y the RPC 3. The act is performed or the omission incurred by means of deceit (dolo) or fault (culpa) Elements of Voluntariness 1. Freedom 2. Intelligence 3. Intent to do the act Requisites for Dolo 1. Freedom 2. Intelligence 3. Criminal Intent Requisites for Culpa 1. Freedom 2. Intelligence 3. Negligence, imprudence, lack of foresight, lack of skill Requisites of Mistake of Fact (LIF) 1. The act done would have been lawful had the facts been as the accused believed them to be 2. The intention of the accused in performing the acts should be lawful 3. The mistake must be without fault or carelessness on the part of the accused ARTICLE 4 Types of Error/ Mistake 1. Error in Personae mistake in the identity 2. Abberatio Ictus mistake in blow 3. Praeter Intentionem injurious result is greater Requisites of Impossible Crime (OIAV)

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That the act done would be an offense against persons or property That the act was done with evil intent That its accomplishment is inherently impossible or that the means employed is either inadequate or ineffectual The act performed should not constitute a violation of another provision of the RPC

ARTICLE 6 Consummated Felony- when all elements necessary for its execution and accomplishment are present Frustrated Felony (AFNW) 1. Offender performs all the acts of execution 2. All the acts performed would produce the felony as a consequence 3. But the felony is not produced 4. By reason of causes independent of the will of the perpetrator Attempted Felony (ONS) 1. The offender commences the omission of the felony directly by overt acts 2. He does not perform all the acts of execution which should produce the felony 3. The non-performance of all acts of execution was due to a cause or accident other than the offenders own spontaneous desistance ARTICLE 8 Requisites of Conspiracy 1. 2 or more persons came to an agreement 2. That the agreement pertains to the commission of a felony 3. That the execution of the felony was decided upon Requisites of Proposal 1. That a person has decided to commit a felony 2. That he proposes its execution to some other person or persons ARTICLE 9 Afflictive Penalties: 1. Reclusion Perpetua 2. Reclusion temporal

Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Prision mayor Fines more than P6000 Correctional Penalties 1. Prision correcional 2. Arresto mayor 3. Suspension 4. Destierro 5. Fines more than P200 Light felonies 1. Arresto menor 2. Fines equal to P200 ARTICLE 10 Exceptions to Suppletory function of the RPC to special laws: 1. Where the special law provides otherwise 2. When the provisions of the RPC are impossible of application, either by express provision or by necessary implication Requisites of Self-Defense: 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 3. Lack of sufficient provocation on the part of the person defending himself Cyclone of Violence (BWS) 1. Tension building phase 2. Acute battering incident 3. Tranquil, loving phase Requisites of Defense of Relative: 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it

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In case the provocation was given by the person attacked, the one making the defense had no part therein Requisites of Defense of Stranger: 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 3. The person defending himself was not induced by revenge, resentment or other evil motive Avoidance of greater evil or injury (EIP) 1. That the evil sought to be avoided actually exists 2. That the injury feared be greater than that done to avoid it 3. There be no practical or less harmful means of preventing it Fulfilment of duty or lawful exercise of right or office (DN) 1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office 2. That the injury caused or the offense committed be the necessary consequence of the performance of duty or the due performance of duty or the lawful exercise of such right or office Obedience to an order issued by a superior for some lawful purpose (SLM) 1. That an order has been issued by a superior 2. That such order must be for some lawful purpose 3. That the means used by the subordinate to carry out the said order is lawful ARTICLE 12 Accident without fault or intention of causing it (LDAF) 1. A person is performing a lawful act 2. With due care 3. But causes injury to another by mere accident 4. Without fault or intention of causing it A person who acts under the compulsion of an irresistible force (PIT) 1. That the compulsion is by means of physical force 2. That the physical force must be irresistible

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That the physical force must come from a third person Uncontrollable fear (GS) 1. That the threat which causes the fear is of an evil greater than or at least equal to that which he is required to commit 2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it Insuperable cause (RFL) 1. That an act is required by law to be done 2. That a person fails to perform such act 3. That his failure to perform such act was due to some lawful or insuperable cause Doctrine of Pro Reo when a circumstance is susceptible to two interpretations one favorable to the accused and the other against him, that interpretation favorable to him shall prevail. -Penal laws must be construed in favor of the accused. Equipoise Rule Where the evidence admits of two interpretations, one of which is consistent with guilt, and the other with innocence, the accused must be given the benefit of doubt and should be acquitted. -When the evidence of a criminal case is evenly balanced, the constitutional presumption of innocence tilts the scale in favor of the accused.

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