Lopez
Examples:
Article 220 RPC Technical Malversation or illegal use of
public funds; a fund already appropriated by law or ordinance is
used for another public purpose; the intent, although lawful, is
immaterial, and good faith is not a defense in this crime.
Venue
Estafa committed abroad tried in the place committed.
Crime committed by public officer in the exercise of their
functions while abroad tried in the Philippines.
Perjury
Perjurious statements were made in a complaint crafted in QC.
The document was notarized in QC, and was filed in RTC
Manila. Where should the crime of perjury be filed?
In QC as it was there where an oath was taken to make the
complaint into a public document.
Generality Principle
There is a limitation to this principle, the equal protection clause
of the Constitution. Penal laws may not be always applicable to
all, as there may be a valid classification germane to the purpose
of the law such as in RA 9262.
Void-for-vagueness rule
General Rule: The mode of facial challenge is not applicable to
a penal statute.
Exception: If there is already prejudice being committed, there
being a case already filed.
Exception to the Exception: If the penal statute encroaches on
freedom of expression, facial challenge will be allowed for
being overbroad in violation of the void-for-vagueness principle,
even if nobody has been prosecuted yet. (This has been applied
to the Cybercrime Law).
Art. 4 RPC
Criminal Liability
Art. 4. Criminal liability. Criminal liability shall be incurred:
PP vs. Abarca
Abarca shot at a paramour. However, one of the bullets struck an
innocent bystander, killing him. He was found guilty only of
homicide due to negligence.
Praeter intentionem
Test: Proportionality of the act committed in relation to the
injury inflicted.
SELF-DEFENSE
1. Anyone who acts in defense of his person or rights, provided
that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to
prevent or repel it.
Third. Lack of sufficient provocation on the part of the person
defending himself.
DEFENSE OF A RELATIVE
2. Any one who acts in defense of the person or rights of his
spouse, ascendants, descendants, or legitimate, natural or
adopted brothers or sisters, or his relatives by affinity in the
same degrees and those consanguinity within the fourth civil
degree, provided that the first and second requisites prescribed
in the next preceding circumstance are present, and the further
requisite, in case the revocation was given by the person
attacked, that the one making defense had no part therein.
DEFENSE OF A STRANGER
3. Anyone who acts in defense of the person or rights of a
stranger, provided that the first and second requisites mentioned
in the first circumstance of this Art. are present and that the
person defending be not induced by revenge, resentment, or
other evil motive.
Self-defense
Condition sine qua non is that there is unlawful aggression. If
there is none, there is no self-defense, nor even incomplete self-
defense.
EXEMPTING CIRCUMSTANCE
Minority relate with RA 9344
The law is liberally construed in relation to the minor.
If the court finds the minor was not reformed, the sentence shall
be implemented.
Absolutory Causes
Exempting circumstances exempting the offender from
prosecution by reason of public policy.
Mitigating Circumstances
Praeter Intentionem
The act must be proportionate to the crime committed
Plea of Guild
When there is a plea bargaining already conducted, there is no
need to be entitled to the privilege by putting a plea of guilt.
Voluntary Surrender
Surrender by the accused must be to a person or an agent of a
person in authority.