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    237 views312 pages

    Reviewer Criminal Law San Beda Memory Aid 2014 PDF

    Uploaded by

    Harold Estacio

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    | : San Beda College of Law 2014 CENTRALIZED BAR OPERATIONS MEMORY AID IN CRIMINAL LAW 140620 ROOK ONE BOOK TWO SPECIAL PENAL LAWS 2014 CENTRALIZED BAR OPERATIONS Executive Committee Over-all Chairperson Chairperson for Academics Chairperson for Hotel Operations ‘SYLVESTER C. AUSTRIA. REYNOLD L. ORSUA JOE VINCENT R. AGUILA Vice-Chair for Operations LYNDON W. RUTOR Vice-Chair for Secretariat. RODEL JAMES R. PULMA Vice-Chair for Finance DENISE DIANNE A. MAGBUHOS Vice-Chairfor EDP {AN DANIEL B. GALANG Vice-Chait for Logistics ~JOMARC PHILIP E. DIMAPILIS Vice-Chair for Membership ALBERTO D. RECALDE, JR. . Content and Lay-out Editors PATRICIA AMORES —DIVINA GRACIA MADERAL JOSEPHINE ARPAFO JAMAICA IDA PALCE ANGELINE CHAVES MURIEL IELAINE PANGANIBAN MICHELLE LIMJAP — EROL PISEC NORMAN JAYJAMORA MARK ANTHONY ROJO San Beda College of Law Administration ‘ATTY. VIRGILIO B. JARA College Dean Centralized Bar Operations Adviser ATTY. MARCIANO G. DELSON Vice Dean and Adviser ATTY. RISEL G. CASTILLO-TALEON Prefect for Student Affairs and Co-Adviser Centralized Bar Operations Core Group Mark Emmanuel Abifo, Ruth Abigail Aceto, Patrica Amores, Alfrederick Araneta, Josephine Arpafo, ‘Mark Anthony Asuncion, Rigel Bajande, Rodmel Bautista, Clarita Belo, Jennebeth Kae Cainday, Jane Kate Calipay, Rebecca Chan, Angel Chavez, Hershey Cruz, Chrysten Giana Cuyegkeng, Roy Daguio, Jr, Kennex De Dios, Janell Marie De Guziman, Alexandria De La Cruz, Deus Dulay, Matt Devela, Johansen Ferrer, Stephanie Flotendo, Ron Oliver Gamboa, Tan Michel Geonanga, Darling Sapphire Hefti, Norman Jay Jamora, Justo Franco Lacandalo, Adjelle Catrina Lachica, Karell Marie Laseano, Michelle Limjap, Beverly Lumbera, Divine Maderal, Anna Margarita Malonzo, Athira Manginsay, Camille May Medina, ‘Jay Rayniel Montevirgen, Raniel Christian Omi, Tyrone Lewis Ong, Miguel Lorenzo Osida, Ysabel Jean Padilla, Aica Palce, Mutielle Panganiban, Erol Stephen Pisec, Mark Anthony Rojo, Jastinne Mildred Sanchez, Elmo San Diego, Alexander Santos, J, Immah Concepcion Santas, Leonid Serranc, Maria Patricia Silva, James Russell Sz, Karlo Paulo Tamondong, Regina Anne Tungol, Joana Patriz Toreja, Ma. Nefseria Ailah Tuquero BOOK I Fundamental Principles Preliminary Title (Articles 1-2) Title One: Felonies & Circumstances Which Affect Crirninal Liability (Articles 3-15) Title Two: Persons Criminally Liable For Felonies (Articles 16-20) Title Three: Penalties (Articles 21-88) Title Four: Extinction Of Criminal Liability Title Five: Civil Liability (Articles 100-113) BOOK UL Title One: Crimes Against National Security (Articles 114-123) Title Two: Crimes Against The Fundamental Laws Of The State (Articles 124-133) Title Three: Crimes Against Public Order (Articles 134-160) ‘Title Four: Crimes Against Public Interest (Articles 161-187) Title Five: Crimes Relative To Opium And Other Prohibited Drugs Title Gix: Crimes Against Public Morals Title Seven: Crimes Committed By Public Officers (Articles 203-245) Title Eight: Crimes Against Persons (Articles 246-266) Title Nine: Crimes Against Personal Liberty And Security (Articles 267- 292) Title Ten: Crimes Against Property (Articles 293-332) Title Bleven: Crimes Against Chastity (Articles 333-334, 336-346) Title Twelve: Crimes Against The Civil Status Of Persons (Articles 347- 352) Title Thirteen: Crimes Against Honor (Articles 353-364) Title Fourteen: Quasi-Offenses (Article 365) SPECIAL PENAL LAWS Republic Act 9346: Act Probiibiting The Imposition Of Death Penalty In The Philippines Republic Act 9262: Anti-Violence Against Women And Their Children Act Of 2004 Republic Act 9344: Juvenile Justice And Welfare Act Of 2006, As Amended By R.A. 10630 Republic Act 7610: Special Protection Of Children Against Child Abuse, Exploitation And Discrimination, As Amended Republic Act 10591: Comprehensive Firearms And Ammunition Regulation Act, Amending P:D. 1866 And R.A. 8294 Presidential Decree 1829: Decree Penalizing Obstruction Of Apprehension And Prosecution Of Criminal Offenders Republic Act 4103: Indeterminate Sentence Law, As Ataended By Act 4225 Presidential Decree 968: Probation Law Of 1976, As Amended ‘Act 3326: Act Establishing Prescriptive Periods For Violations Of Special Laws And Municipal Ordinances, As Amended Presidential Decree 532: Anti-Piracy And Anti-Highway Robbery Law Of 1974, Republic Act 6235: Anti- Hijacking Law 61 88 94 98 105, 13, 126 142 148 154 372 187 199 225 235 240 243 243 256 259 261 262 263 266 266 267 Republic Act 9372: Human Security Act Of 2007 Republic Act 9745: Anti-Torture Act Of 2009 Republic Act 9160: Anti-Money Laundering Act Of 2001, As Amended By RA. 9194 Presidential Decree 1602: Anti-Gambling Act, As Amended By R.A. 9287 ; Republic Act 9208: Anti-Trafficking In Persons Act Of 2003 Republic Act 3019: Anti-Graft And Corrupt Practices Act, As Amended By R.A. 3047, P.D. 77 And B.P. 195 Republic Act 7080: Anti-Plunder Act Republic Act 1379: An Act Declaring Forfeiture In Favor Of The State ‘Any Property Found To Have Been Unlawfully Acquired By Any Public Officer Or Employee And Providing For The Proceedings Therefor Republic Act 9775: Anti-Child Pornography Act Of 2009 Republic Act 8049: Anti-Hazing Law Republic Act 4200: Anti-Wiretapping Law Presidential Decree 1612: Anti-Fencing Law Of 1979 Batas Pambansa 22: Bouncing Checks Law Republic Act 6539: Anti-Carnapping Act Of 1972, As Amended By R.A. 7659 Presidential Decree 1613: Anti-Arson Law Republic Act 9995: Anti- Photo And Video Voyeurism Act Of 2009 Administrative Circular 08-2008: Guidelines In The Observance Of A Rule,Of Preference In The Imposition Of Penalties In Libel Cases Republic Act 9851: Philippine Act On Crimes Against International Humanitarian Law, Genocide, And Other Crimes Against Humanity Republic Act 9184: Government Procurement Reform Act Republic Act 10175: Cybercrime Prevention Act Of 2012 ‘BIBLIOGRAPHY 268 274 276 277 278 281 284 285 286 288 289 290 290 291 292 293 294 295 299 301 305 Criminal Law cannot be criminal unless the mind is criminal. Itis a branch of public substantive law which defines 3. Actus me invito factus non est meus actus — An crimes, treats of their nature and provides for their ‘act done by me against my will is not my act. Punishment. It is a public law because it deals with 4.1 que es causa de la causa es causa del mal the relation of the individual with the State (REYES, ‘causado ~ He who is the.cause of the cause is the The Revised Penal Code, Book One, 17" ed., 2008 cause of the evil caused (People v. Ural, G.R. No. Inereinatter, REYES, 800k One}, p. 1) 30801, March 24, 1974) 5.In dubio, pro reo — When in doubt, for the: oe Substantive = ih to be construed or Prospective, ae the,taw admits of two interpretations - favorable ‘to%iKe | jent tothe ‘onende (aad one strict to the accused provi PAI © [Solfehdar that interpretation that the accused [ ~ “this offender will be adap ms ate COLLEGE CE nou RasuBE E-construed in favor of the It only ‘comes. from 5 rwith the presumption of the legislative body 5 1d (CONST, Art. Ill, Sec. his favorable to Terms 1.Crime — the Sen wrongdoing punished ia under the “special law (OR forbidding or commanding 4 supra). < Example: Jaka was counterfeiting Philippine lotto fickets in his bodega in Japan. One day, his bodega was raided by Japanese authorities. Jaka was arrested. Who has jurisdiction to try Jaka for counterfeiting such lotto tickets? Why? ‘ANS: The Philippines has jurisdiction over Jaka since his counterfeiting of lotto. tickets. is prohibited by our laws, it being an obligation secured by the Philippine goverment (Id. at 16). ‘mentioned obligations and securities. ‘Those who introduced the counterfeit items are criminally: liable even if they were not the ones. ‘who counterfeited the obligations and securities. On the other hand, those who counterfeited the items are criminally liable even if they did not introduce the counterfeit items. d.While being public officers or employees, should commit an offense in the exercise of thelr functions, like: (B°A’°T-MIC) Direct Bribery (Art. 210); Indirect Bribery (Art. 271); Qualified Bribery (Art. 217-4); Failure to Render Accounts (Art. 218) Failure to Render Account Before, Le the Country (Art. 218); 220); Failure Fraud Against Offenses (Art. 2% Malversation of sR (a.217), Possession of Prodi and Sorption (art 233) A Philippine consulate official married here in the Philippines Yeniarties foreign country cannot be proseeatetshe the Philippines for bigamy under of RPC because the crime has no connectos with his official duties. Nevertheless,

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