Professional Documents
Culture Documents
Fundamental Principles
a. What is criminal law? Is a branch of public law bec. It treats acts of
omissions which are primarily wrong against the state.
b. What are the constitutional limitations on the right to enact penal laws?
Must be general in application; substance due process; no cruel
punishment; no ex post facto; no bill of attainder
c. What is an ex post facto law? Applies only to penal laws; cannot prohibit
retroactivity
d. What are the characteristics of a penal law? Applicable to all law unless if
favorable to offender
e. Does prospectivity rule cover only laws enacted by the legislature? Also
administrative rules and judicial decisions. Laws look forward not
backward.
f. What is the effect of the courts interpretation upon a written law?
g. What is principle of retroactivity of laws and what is the rationale behind
it? Law looks forward; presumption of innocence
h. What are the different philosophies underlying the criminal law system
(classical or juristic, positivist or realistic, eclectic, utilitarians)? Human
free will retribution, predetermined on the offense; man is good,
correctional curative, on acroa; mix; protection
i. What is the principle of nula poena sine lege?
j. What is the rule in the interpretation of penal laws in relation to accused
culpability?
k. What is the equipoise rule? When evidence equally balanced should be
ruled in favor to accused (presumption of evidence)
l. What is the principle of liberality in the application of laws on the
accused? That incase of two interpretation, its ruled favorable to the
accused.
m. What is the meaning of the maxim actus non facit reum, nisi mens sit rea?
The act itself does not make a man guilty, unless his intentions were so.
n. How are crimes classified? Dolo (deliberate intent); Culpa (means of fault)
o. What are crimes in mala in se? Inherently evil (rape, murder)
p. What are crimes mala prohibita? A law prohibiting it makes it evil
(electoral laws)
q. If a special law uses the nomenclature of penalties in the Revised Penal
Code what is the effect on the nature of the crime covered by special law?
It will go a degree lower depending on the discretion of the judge.
r. Which of mala in se and mala prohibita involve moral turpitude?
s. What is the effect of the repeal of penal law on the accused? Absolute or
total repeal- the act or omission is decriminalized. Pending- dismissed
whether habitual or not; if convicted or serving sentence- release if not
habitual or the law provides.
6.
7.
8.
9.
d. Can instigation and frame be both present in a casee. Distinguish between entrapment and instigation-
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g.
h.
i.
j.
k.
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What are Justifying circumstances- where the acts of the actor are in
accordance with law and hence there is no criminal liability; no crimeno criminal- no civil liabilty
What are requisites for self-defense1. 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
What is unlawful aggression- primordial requisite which must be
present at all times; when absent- no self defense even if complete
What is the condition precedent for the existence of the circumstance
of self-defense- actual, sudden, unexpected or imminent danger and
not merely an intimidating or threatening attitude.
What is the rule when aggression cease to desist- aggressor ran away
after the attack or when the defender was able to wrest the weapon
from the aggressor.
When is unlawful aggression not appreciated- when defense has
ceased
When is there reasonable necessity of the means employedWhat are the elements of defense of relatives- in case provocation
came from person by the person attacked, person defending himself
had no part therein
What are the elements of defense to strangers- person defending is
not induced by revenge, resentment or other evil motives
In the event that not all of the requisites for the defense of a relative
are attendant, what will be the effect1. All requisites are present- JUSTIFYING
2. 2 requisites are present one of them is unlawful
aggression- PRIVILIGE MITIGATING
3. Only unlawful aggression is present- MITIGATING
What does the defense of honor encompass-
What are the elements of state necessity1. The evil sought to be avoided actually exists
MINORITY:
a)
b)
c)
d)
e)
ACCIDENT:
a) What is required for the circumstance of accident to be accepted*the accused was performing a lawful act with due care
*the injury is caused by mere accident
*there was no fault or intent in causing the injury
b) What is negligence- Omission to do something which a reasonable man,
guided by those considerations which ordinarily regulate the conduct of
human affairs, would do, or doing of something which a prudent and
reasonable man would not do.
IRRESISTIBLE FORCE:
a) What are the elements of irresistible force as an exempting circumstance*the force must be physical, must come from an outside force, and the
accused must act not only without a will but also against his will
*the actor must be reduced by mere instrument, such that the element of
freedom is wanting
*the duress, force, fear or intimidation must be present, imminent and
impending and of such a nature as to induce a well-grounded fear of death or
serious bodily injury if act not be done.
b) What is essence for duress to be a valid defense-
UNCONTROLLABLE FEAR:
a) What are the elements of uncontrollable fear*threat which caused a fear of an evil greater than or at least equal to that
which the accused was required to commit
*it promised of an evil of such gravity and imminence that the ordinary man
would have succumbed to it
INSUPERABLE CAUSE:
CHAPTER 3
13.Article 13: Mitigating Circumstances
a. What are the mitigating circumstances- shows lesser perversity of
offender and are considered to lower the penalty to the minimum
period prescribed by law
b. What is the rationale for allowing mitigating circumstances in favor of
the accused- show mercy and leniency in favor of an accused who has
shown lesser perversity in the commission of the offense
c. What are the classifications of mitigating circumstances1. Ordinary- lowers penalty to minimum period (2 mitigating
and no aggravating circumstance)
2. Privileged- lowers penalty prescribed by one or more
degrees whether it is a divisible or indivisible penalty
3. Specific- applies to a specific felony like concealment of
dishonor in the case of abortion by pregnant woman
d. Distinguish between ordinary and privileged mitigating circumstancesOrdinary can be offset by generic aggravating circumstance; privilege
cannot
INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCES
a. What are the requirements for the mitigating circumstances of
incomplete justification/exemption to be present- majority requisites to
exempt or justify are present
b. When is incomplete defense an ordinary mitigating circumstance.
When is it privileged mitigating circumstancec. Unlawful aggression a mitigating circumstance- incompleteness for the
requisite for defense
PRAETER INTENTIONEM
a. What is thisb. When can this not be invoked
SUFFICIENT PROVOCATION
a. What
a.
b.
c.
unlawful taking of her life, there was some specific insult or disrespect to
her womanhood.
c. Disregard or disrespect due to age- it should be clearly demonstrated that
the accused deliberately intended to act with insult or in disregard of the
respect due the victim on account of his rank. Does this cover tender agerefers to both elderly and youth
d. When aggravating circumstance of dwelling (morada) appreciatede. What is included in dwelling- includes dependencies, staircase, and
enclosures under the house; not necessary that the offended owns the
house. It includes a room in a boarding house.
f. Must offender enter the dwelling of the victim for this circumstance to be
appreciated- is a building or structure exclusively used for rest and
comfort.
g. When is dwelling not aggravatinga. The offended has given his provocation
b. Both offended and offender live therein
c. Dwelling is inherent in the crime such as trespass to dwelling or
robbery in an inhabited place.
h. Why is dwelling an aggravating circumstance- the offenders greater
perversity in deliberately invading the tranquility in anothers domicile.
ABUSE OF CONFIDENCE:
a. What are the requisites of abuse of confidence/ obvious ungratefulness as
an aggravating circumstancea. Offended had trusted the offender
b. Offender abused such trust
c. Such abuse of confidence facilitated commission of the crime
PALACE OF CHIEF EXECUTIVE:
a. Is the performance of public function necessary in the appreciation of
aggravating circumstance in paragraph 5 of article 14- is not necessary in
the circumstance the offense being committed in the palace of the chief
executive, in a place devoted to religious worship or in the presence of the
chief executive. Offender must have sought any of the four places in par. 5
for the commission of the crime.
NOCTURNITY:
a. Will the commission of the offense at night give rise to the circumstance
of nocturnity - The crime must be committed exclusively at nighttime and
not started at daytime. It is not considered in crimes where nighttime is a
mere accident or has no influence in the perpetration thereof.
b. What factors will make nighttime not appreciable- Where prosecution
established no more than the simple fact that the crime was committed at
night. Nighttime must be deliberately sought
the
the
the
the
HABITUALITY:
a. What are the different forms of this- recidivism, reiteracion, habitual
delinquency, quasi-recidivism
b. Who is a recidivist- is the one who at the time of his trial for one crime,
shall have been previously convicted by final judgement of another crime
embraced in the same title of the code. There must be two convictions
c. What is the nature of recidivisma. 15 days have elapsed from the promulgation without the convict
appealing the conviction
b. Offender started serving sentence
d.
e.
f.
g.
h.
i.
EVIDENT PREMEDITATION:
a. What is this- lapse of a period sufficient in a judicial sense to afford full
opportunity for meditation and reflection and sufficient to allow the
conscience of the actor to overcome the resolution of his will. 3/1/2 hrs.
from the plan so its execution is sufficient for the accused to
dispassionately reflect upon the consequences of his act or desist from
execution
b. What are the elementsa. The time when offender determined to commit the crime
b. An ACT manifestly indicating that he has clung to his determination
c. Sufficient LAPSE of time bet. Such determination and execution to
allow him to reflect upon the consequences of his act
c. What must be clearly established for evident premeditation to be
considered- must be shown when the plan to kill was hatched or the
length of time that elapsed before it was carried out for the essence of
evident premeditation is stubborn adherence to a decision to commit a
felony
d. When is this not appreciated- to qualify a killing to murder in the absence
of evidence not only of sufficient lapse of time but also in the planning and
preparation to kill when the plan was conceived.
e. What is the relationship between conspiracy and evident premeditationGRAFT, FRAUD, DISGUISE:
a. Distinguish the threea. Craft- cunning or intellectual trickery or chicanery resorted to by the
accused to carry out his evil design
b. Fraud- constitutes deceit manifested by insidious words or
machinations.
c. Disguise- is used to conceal identity
ABUSE OF SUPERIOR STRENGTH OR MEANS TAKEN TO WEAKEN THE
DEFENSE:
a. When is there abuse of superior strength- when there is notorious
inequality of focus between the victim and aggressor
b. When is this not appreciated- if the assault was characterized with passion
or obfuscation or made during quarrel.
c. When is this appreciated- an attack by a man w a deadly weapon upon an
unarmed and defenseless woman. Which his sex and weapon afforded
him.
TREACHERY:
a.
b.
c.
d.
e.
f.
g.
What is thisWhat are the two conditions necessary for its presence
May treachery be appreciated even if the victim was warned of danger
From whom should the retaliation in treachery come
What must be established to prove this
When should this be present
When the manner of the attach is not shown, does the fact the wound is
at the back show treachery
h. When will frontal attack constitute treachery
i. What is the nature of T as an aggravating circumstance
j. What is the proof required if T is to qualify homicide to murder
k. How is T in relation to other circumstances
l. Can T be present in a chance encounter
IGNOMINY:
a. What is involved in the circumstance that means employed or
circumstance brought about to add ignominy to the natural effects of the
crime
UNLAWFUL ENTRY/BREAKING THE WALL:
a. When is the unlawful entry
AID OF MINORS/USE OWHAT ARE F MOTOR VEHICLES:
a. How are the circumstances in par. 20 of art 14 treated
CRUELTY:
a. For cruelty to be aggravating, what are required to have attended in the
commission of the cruel acts
b. When cruelty is not shown because the victim may be already dead, what
instead may be present
17.Article 15: Alternative Circumstances:
a.