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What are the three cardinal features or main characteristics of Philippine Criminal Law?
1. Generality or its being binding to all persons who live or sojourn in Philippine territory subject to
certain exceptions
2. Territoriality or its having force and effect only within Philippine territory, subject to certain
exceptions also
3. Irretrospectivity/Prospectivity or its application only to acts and omissions committed/incurred after
the effectivity of the law except if it favors the offender unless he is a habitual delinquent or the law
otherwise provides
What is the doctrine of pro reo?
It means that whenever a penal law is to be construed or applied and the law admits of two interpretations,
one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable
to the offender will be adopted.
What are the Constitutional limitations on the power of the legislature in enacting penal laws?
1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws. (Sec. 1, Art. III, 1987 Constitution)
2. No person shall be held to answer for a criminal offense without due process of law. (Sec. 14, [1],
Art. III, 1987 Constitution)
3. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. (Sec. 19
[1], Art. III, 1987 Constitution)
4. No ex post facto law or bill of attainder shall be enacted. (Sec. 22, Art. llI, 1987 Constitution)
What are the requisites of dolo?
1. Criminal intent
2. Freedom of action
3. Intelligence
What crimes cannot be committed through culpa (negligence or imprudence)?
1.
2.
3.
4.
Murder
Treason
Robbery
Malicious mischief
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Only the principals and the accomplices are liable in light felonies. Accessories are not liable for light
felonies.
Distinguish motive from intent.
Motive is the moving power which impels a person to do an act for a definite result; while intent
is the purpose for using a particular means to bring about a desired result. Motive is not an element of a
crime but intent is an element of intentional crimes. Motive, if attending a crime, always precede the
intent.
Distinguish, in their respective concepts and legal implications, between crimes mala in se and
crimes mala prohibita.
Crimes mala in se are those where the acts or omissions penalized are inherently bad, evil, or wrong
that they are almost universally condemned. Crimes mala prohibita are those where the acts penalized
are not inherently bad, evil, or wrong but prohibited by law for public good, public welfare or interest and
whoever violates the prohibition are penalized.
In crimes mala in se, good faith or lack of criminal intent/ negligence is a defense, while in crimes
mala prohibita, good faith or lack of criminal intent or malice is not a defense; it is enough that the
prohibition was voluntarily violated.
Also, criminal liability is generally incurred in crimes mala in se even when the crime is only
attempted or frustrated, while in crimes mala prohibita, criminal liability is generally incurred only
when the crime is consummated.
Also in crimes mala in se, mitigating and aggravating circumstances are appreciated in imposing the
penalties, while in crimes mala prohibita, such circumstances are not appreciated unless the special law
has adopted the scheme or scale of penalties under the Revised Penal Code.
May an act be malum in seand be, at the same time, malum prohibitum?
Yes, an act may be malum in se and malum prohibitum at the same time. In People v. Sunico, etaL, (CA
50 OG 5880) it was held that the omission or failure of election inspectors and poll clerks to include a
voter's name in the registry list of voters is wrong per se because it disenfranchises a voter of his right
to vote. In this regard it is considered as malum in se. Since it is punished under a special law (Sec. 101
and 103, Revised Election Code), it is considered malum prohibitum.
Distinguish aberratio ictus from error in personae.
Aberratio ictus or mistake in the blow occurs when a felonious act missed the person against whom it
was directed and hit instead somebody who was not the intended victim. Aberratio ictus brings about
at least two (2) felonious consequence. i.e the attempted felony on the intended victim who was not hit
and the felony on the unintended victim who was hit. A complex crime of the first form under Art. 48,
RPC generally result.
Error in personae, or mistake in identity occurs when the felonious act was directed at the person
intended, but who turned out to be somebody else. In error in personae only one crime is committed.
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Accused made a statement under oath or executed an affidavit upon a material matter
Statement or affidavit was made before a competent officer, authorized to receive and administer oath
In that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood
Sworn statement or affidavit containing the falsity is required by law
May the crime of illegal sale of drugs be consummated without the exchange of the marked money?
Yes. The consummation of the crime of illegal sale of drugs may be sufficiently established even in the
absence of an exchange of money. Mere showing of the said regulated drug does not negate the existence
of an offer to sell or an actual sale. The crime of illegal sale of drugs is committed as soon as the sale
transaction is consummated. The payment could precede or follow delivery of the drug sold. In a "buybust" operation, what is important is the fact that the poseur-buyer received the shabu from the offender
and that the same was presented as evidence in Court. In short, proof of the transaction suffices.
Does the absence of coordination with PDEA render the buy bust operation invalid?
No. In People v. Roa, this Court held that coordination with the PDEA is not an indispensable
requirement before police authorities may carry out a buy-bust operation. While it is true that Section 86
of Republic Act No. 9165 requires the National Bureau of Investigation, PNP and the Bureau of Customs
to maintain "close coordination with the PDEA on all drug related matters," the provision does not, by so
saying, make PDEAs participation a condition sine qua non for every buy-bust operation. After all, a
buy-bust is just a form of an in flagrante arrest. A buy-bust operation is not invalidated by mere noncoordination with the PDEA.
What is the "chain of custody" requirement in drug offenses? What is its rationale? What is the
effect of failure to observe the requirement?
"Chain of custody" requirement in drug offenses refers to the duly recorded, authorized movement and
custody of seized dangerous drugs, controlled chemicals, plant sources of dangerous drugs, and
laboratory equipment for dangerous drugs from the time of confiscation/seizure thereof from the
offender, to its turn-over and receipt in the forensic laboratory for examination, to its safekeeping
and eventual presentation/offer in court as evidence of the criminal violation, and for destruction.
(Dangerous Drugs Board Regulation No.1 Series of 2002)
Its rationale is to preserve the authenticity of the corpus delicti or body of the crime by rendering it
improbable that the original item seized/confiscated in the violation has been exchanged or substituted
with another or tampered with or contaminated. It is a method of authenticating the evidence as would
support a finding beyond reasonable doubt that the matter is what the prosecution claims it to be.
Failure to observe the "chain of custody" requirement renders the evidence questionable, not
trustworthy and insufficient to prove the corpus delicti beyond reasonable doubt.
What are the elements of grave scandal?
1.
2.
3.
4.
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certainty that the law demands to satisfy the burden of overcoming the appellant's presumption of
innocence.
What are the allowed initiation rites?
1. Those conducted by organizations which shall include any club or the AFP, PNP, PMA, or officer
and cadet corp. of the Citizen's Military Training and CAT. The physical, mental and psychological
testing and training procedure and practices to determine and enhance the physical, mental and
psychological fitness of prospective regular members of the AFP and the PNP as approved by the
Secretary of National Defense and the National Police Commission duly recommended by the Chief
of Staff, AFP and the Director General of the PNP.
2. Those conducted by any fraternity, sorority or organization with prior written notice to the school
authorities or head of organization 7 days before the conduct of such initiation.
What are the circumstances which qualify the crime of kidnapping and serious illegal detention?
1.
2.
3.
4.
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offense could only be attempted theft, if at all. With these considerations, under Article 308 of the RPC,
theft cannot have a frustrated stage. Theft can only be attempted or consummated.
When is theft qualified?
1.
2.
3.
4.
5.
6.
Does a novation or compromise affect the criminal liability of a person accused of estafa? Explain.
Novation or compromise does not affect criminal liability of the offender of the accused. So, partial
payment or extension of time to pay the amount misappropriated or acceptance of a promissory note for
payment of the amount involved does not extinguish criminal liability, because a criminal offense is
committed against the people and the offended party may not waive or extinguish the criminal liability
that the law imposes for the commission of the offense. In order that novation of contract may relieve the
accused of criminal liability, the novation must take place before the criminal liability is incurred;
criminal liability for estafa is not affected by compromise or novation of contact for it is a public offense
which must be prosecuted and punished by the State at its own volition.
Does payment of an obligation before the institution of the complaint relieve the offender from
liability?
No. Mere payment of an obligation before the institution of a criminal complaint does not, on its own,
constitute novation that may prevent criminal liability. The criminal liability for estafa already committed
is not affected by the subsequent novation of contract, for it is a public offense which must be prosecuted
and punished by the State (Milla v. People, Jan. 25, 2012).
What are the elements of malicious mischief?
1. Offender deliberately caused damage to the property of another
2. Such act does not constitute arson or other crimes involving destruction
3. Act of damaging anothers property be committed merely for the sake of damaging it
What are the elements of fencing?
1. A robbery or theft has been committed;
2. The accused, who took no part in the robbery or theft, buys, receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys and sells, or in any manner deals in any article or object taken
during that robbery or theft;
3. The accused knows or should have known that the thing is derived from that crime; and
4. He intends by the deal he makes to gain for himself or for another.
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