Professional Documents
Culture Documents
CRIMINAL LAW
I.Application of the provisions of the
Revised Penal Code
1. Application of the provision of the revised
penal Code laws
Application of the provision shall be
enforced only in the Phil. But also
outside its jurisdiction, against those:
a) Commit offense while on a Philippine
ship or airship
b) Forge or counterfeit any coin or
currency of the Phil.
c) Should be liable for acts connected in
this islands of the obligations and
securities
d) Public officer or employee, commit an
offense in the exercise of their
functions
e) Should commit any of the crimes
against national security
2. Criminal Law
Defines crime, treats of their nature and
provides for their punishment
3. Limitations on the power of Congress to
enact penal laws
a) No ex post facto law shall be enacted
b) No bill of attainder shall be enacted
c) No law that violates equal protection
clause of the constitution shall be
enacted
d) No law w/c imposes cruel and unusual
punishments nor excessive fines shall be
enacted
4. Characteristics of criminal law
a) General- binding of all person who live
or sojourn in the Philippine territory
Exception:
Treaty stipulations
Laws of preferential application
Principles of Public International law
b) Territorial- enforceable only w/in its
territory except those provided in Article
2 of revised Penal Code
c) Prospective
Penal laws cannot make an act
punishable in a manner in w/c it was
not punishable when committed except
when the new law is favourable to the
accused
Exceptions to the exceptions are:
2) Exempting circumstances
a) An imbecile or an insane person, unless
the later has acted during a lucid
interval
b) Children 15y/o or under
c) Children above 15y/o but below 18y/o,
unless he has acted w/ discernment,
shall be subjected to appropriate
proceedings in accordance w/ the
juvenile justice and welfare act of 2006
(RA 9344)
d) Person while performing a lawful act w/
due care, causes an injury by accident
w/out fault or intention of causing it
e) Person who act under the compulsion of
irresistible force
f) Person who acts under impulse of
uncontrollable fear of an equal or
greater injury
g) Person who fails to perform an act
required by law
3) Justifying circumstances vs. exempting
circumstances
Justifying
Exempting
Circumstances
Circumstances
Affects the act not Affects the actor
the actor
not the act
Act done w/in
Act is wrongful
bounds of law,
but the actor is
hence legitimate
not liable
and lawful in the
eyes of the law
Act is lawful, there Act is wrong,
is no crime
there is a crime,
but since the
There is no crime
nor a criminal or
civil liability
except in Article
11 par. 4 RPC
9) Mitigating circumstances
a) Article 11 & 12 of revised penal code:
all requisites to justify or to exempt from
criminal liability in the respective case
are not attendant
b) Offender under 18y/o or > 70y/o
c) Offender had no intention to commit so
grave a wrong as that committed
d) Sufficient provocation or threat on the
offended party immediately preceded
the act
e) Act committed in the immediate
vindication of the grave offense to one
committed the felony, his spouse,
ascendant or relatives by affinity w/in
the same degrees
f) Acted upon an impulse so powerful as to
have produced passion or obfuscation
g) Offender had voluntarily surrendered
himself to a person in authority or he
had voluntarily confessed his guilt
before court present evidence for
prosecution
h) Offender is deaf & dumb, blind or
otherwise suffering some physical defect
w/c restricts his means of
communication
i) Illness of the offender as would diminish
exercise of the will-power of the offender
w/out depriving him of the
consciousness of his acts
j) Any circumstances analogous to those
mentioned
10)
Aggravating circumstances
a) Advantage be taken by the offender of
his public position
b) Crime be committed in contempt or with
insult to the public authorities
c) Act be committed w/ insult or disregard
of respect due to offended party on
account of his rank, age or sex or that it
be committed in the dwelling of the
offended party , if the latter has not
given provocation
d) Act be committed w/ abuse of
confidence and obvious ungratefulness
e) Crime be committed in the place of
Chief Executive or in his presence or
where public authorities are engaged in
the discharge of their duties or in a
place dedicated to religious worship
6.) Abortion
Termination of pregnancy before the age
of viability( 1st 12-24weeks or 36months)
a.) Intentional abortion
i.
There is a pregnant woman
ii.
Violence is exerted or drugs or
beverages administered or accused
otherwise acts upon such pregnant
woman
iii.
Result of the use of violence or drugs
or beverages upon her or any other
acts of the accused, the fetus die
iv.
Abortion is intended
b.) Unintentional abortion
i.
There is pregnant woman
ii.
Violence is acted upon a pregnant
woman w/out intending an abortion
iii.
Violence intentionally exerted (?)
iv.
Result of the violence, the fetus dies
c.) Abortion practiced by a woman herself
or by her parents
i.
There is pregnant woman who
suffered abortion
ii.
Abortion is intended
iii.
Abortion is caused by:
Other person with her consent
Her parents, w/ her consent for the
purpose of concealing her dishonour
d.) Abortion practiced by a physician or
midwife
i. There is pregnant woman who suffered
abortion
ii. Abortion is intended
iii.offender (physician/ midwife) assist in
causing the abortion
iv.
Physician or midwife takes
advantage of his/her scientific
knowledge or skills
e.) Dispensing of abortives
I.
Offender is a pharmacist
II.
There is no proper prescription from
the physician
III.
Person dispenses any abortive
In an education or training
environment, sexual harassment is
committed:
Against one who is under the care,
custody or supervision of the offender
Against one whose education,
training, apprenticeship or tutorship is
entrusted to the offender
Sexual favour is made a condition to
giving passing grade, granting honors
and scholarships or payments
XIV. Quasi-Offenses
1.) Reckless negligence or reckless
imprudence, ff. are elements of the crime
Offender does or fails to do an act
The doing or the failure to do the act is
voluntary
Material damage results from reckless
imprudence
There is inexcusable lack of precaution
on the part of the offender
2.) Jurisprudence on reckless imprudence