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Kim.

c 11th Week ESKETIIT

A. What is Criminal Law?


 Branch of law which defines crimes, treats of their nature and provides for their
punishment. (12 CYC 129 &Lacson vs. Executive Secretary, 102 SCAD, l999). It is
a branch of public law because it treats of acts or omissions of the citizens which are
deemed primarily as wrongs against the State more than against the offended party
 A system of laws concerned with punishment of individuals who commit crimes.
 A branch of municipal law which defines crimes, treats of their nature and provides
for their punishment.
B. What is the main source of Criminal Law?
 Sources of Criminal Laws:1) Revised Penal Code – Act 3815 as amended (January
1, l932);2) Special Penal laws passed by the Philippine Commission, Philippine
Assembly, Congress of the Philippines, and the BatasangPambansa.3) Presidential
Decrees.
C. What is mala in se?
 A term that describes conduct that is specifically forbidden by laws.
 A term that signifies crime that is considered wrong in and of itself.
 These are crimes that directly and visibly harm other people and their property,
since it's traditionally these kinds of crimes that inspire the most fervent moral
outrage.
 The distinguishing characteristic of crimes mala in se is not their severity, but that
the citizenry feels they are morally wrong in and of themselves, and require no
outside reasons to prove or justify their wrongness.
D. What is mala prohibita?
 A Latin phrase which means 'wrong because it is prohibited’. In criminal law, the
term mala prohibita applies in instances where something is made criminal by
a criminal statute.
 A term applied to any action is criminalized strictly by statue and statutory law.
E. What is the English Rule?
 That such crimes are triable in that country unless such crimes affect merely the
internal management of the vessel. This is also known as the Anglo-American Rule.
This is the rule that we followed in our jurisdiction – (US vs. Bull- 15 Phil. 7).This
includes continuing crime committed on board a foreign vessel sailing from a
foreign port and which enters Philippine waters is triable in our courts.
 Such crimes are triable in that country, unless they merely affect things within the
vessel or they refer to the internal management thereof.
F. What is the French Rule?
 That crimes committed on board a foreign merchant vessel while on the waters
of another country are not triable in that country unless those affecting the peace
and security of that country or the safety of that state is endangered.
 Such crimes are not triable in the courts of that country, unless their commission
affects the peace and security of the territory or the safety of the state is endangered.
Kim.c 11th Week ESKETIIT

G. Discuss Art 2 of the Revised Penal Code.


 “Application of its provisions. — Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only
within the Philippine Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands
or obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of
the obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the
exercise of their functions; or
5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.”
H. Discuss Art 3 of the Revised Penal Code.
 “Definitions. — Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by means of
fault (culpa). There is deceit when the act is performed with deliberate intent and
there is fault when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill.”
I. What is felony?
 Crime punished by the Revised Penal Code is called felony
 Any public offense or conviction of which the offender is liable to be sentenced to
death or to imprisonment in a penitentiary or state prison
J. What is dolo?
 Dolo (Deceit/Malice) is a way of committing a felony.
 Dolo is intentional
 If a felony is committed by means of deceit it is dolo or otherwise known as
intentional felonies.
 There is dolo if there exist malice or deliberate intent.
 In intentional felonies, there is criminal intent in the mind of the offender.
K. What are the requisites of dolo?
 There is deliberate intent in the commission of a felony if the offender, in doing
the act or in omitting to do an act, has done so with FREEDOM,
INTELLIGENCE, and INTENT. 1. Freedom – When a person acts without
freedom the law looks at him as a mere tool. And as such, his liability is likened to
“the knife that wounds, or of the torch that sets fire, or of the key that opens a
door, or of the ladder that is placed against the wall of a house in committing
robbery.”
2. Intelligence – If a person acted without intelligence in committing a felony, then
no crime exists. This requisite is necessary to determine the morality of human acts.
Kim.c 11th Week ESKETIIT

Hence, the law exempts certain classes of persons from criminal liability such as
minors (15 below) and insane persons.
Intent – “Intent to commit the act with malice, being purely a mental process, is
presumed and the presumption arises from the proof of the commission of an
unlawful act.”
L. What is culpa?
 Culpa (Fault) is a way of commiting a felony
 If it is committed by means of fault, then it is culpa or otherwise known as culpable
felonies such as reckless imprudence resulting in damage to properties.
 There is culpa when the felony results from negligence, imprudence, lack of
foresight or lack of skill.
 In culpable felonies, there is no criminal intent in the mind of the offender but his
acts or omissions are still punished by law because of the damages or injury caused
to others.
M. What are the requisites of culpa?
 There is culpable felony if the offender, in doing the act or in omitting to do an act,
has done so with FREEDOM, INTELLIGENCE, and IMPRUDENCE,
NEGLIGENCE, LACK OF FORESIGHT or LACK OF SKILL.
1. Imprudence – It usually involves lack of skill. A deficiency of action or failure to
take necessary precaution to avoid injury or damage.
2. Negligence – It usually involves lack of foresight. A deficiency of perception or
failure to pay proper attention and to use diligence to a void a foreseeable damage
or injury.
N. Discuss the first paragraph of Art 4 of the Revised Penal Code.
 “Criminal Liability. — Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be
different from that which he intended.
2. By any person performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or an
account of the employment of inadequate or ineffectual means.”
O. What is the purpose of the first paragraph of Art 4?
 Article 4, paragraph 1 presupposes that the act done is the proximate cause of the
resulting felony. It must be the direct, natural, and logical consequence of the
felonious act.
P. What is praetor intentionem?
 Injurious result is greater than that intended
 It is the lack of intention to commit so grave a wrong as that committed
Q. What is an impossible crime?
 One where the acts performed would have been a crime against person or property
but which is not accomplished because of its inherent impossibility or because of
the employment of inadequate or ineffectual means
Kim.c 11th Week ESKETIIT

R. What are the requisites of impossible crime?


 Act would have been an offense against persons or property
 Act is not an actual violation of another provision of the Code or of a special
penal law
 There was criminal intent
 Accomplishment was inherently impossible; or inadequate or ineffectual means
were employed.
S. What is the reason for punishing impossible crime?
 The purpose of punishing impossible crime is to suppress criminal propensity or
criminal tendencies. Objectively, the offender has not committed a felony, but
subjectively, he is a criminal.
T. Discuss Art 6 of the Revised Penal Code.
 “Art. 6. Consummated, frustrated and attempted felonies. — Consummated
felonies as well as those which are frustrated and attempted, are punishable. A
felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the
acts of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the
perpetrator. There is an attempt when the offender commences the commission of
a felony directly or over acts, and does not perform all the acts of execution which
should produce the felony by reason of some cause or accident other than this own
spontaneous desistance.”
U. What are the elements of an attempted felony?
 When the offender commences the commission of a felony directly by overt acts,
and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than his own spontaneous desistance
V. What is an over act?
 An action which might be innocent itself, but if part of the preparation and active
furtherance of a crime, can be introduced as evidence of a defendant's participation
in a crime.
W. What are the elements of frustrated felony?
 When the accused has performed all the acts of execution necessary to produce the
felony but the crime is not produced by reason of causes independent of the will of
the accused.
X. What are the elements of consummated felony?
 When all the elements necessary for its execution and accomplishment are present
Y. Discuss the manner of committing a crime.
 A conspiracy exists when two or more persons come to an agreement concerning
the commission of a felony and decide to commit it
Z. What is conspiracy?

Kim.c 11th Week ESKETIIT

AA. What is proposal to commit conspiracy


 There is proposal when the person who has decided to commit a felony proposes
its execution to some other person/s.
BB. Is proposal to commit conspiracy a crime?
 Conspiracy to commit a crime is not to be confused with conspiracy as a means of
committing a crime. In both cases there is an agreement but mere conspiracy to
commit a crime is not punished EXCEPT in treason, rebellion, or sedition. Even
then, if the treason is actually committed, the conspiracy will be considered as a
means of committing it and the accused will all be charged for treason and not for
conspiracy to commit treason.
CC. What is grave felony?
 Those to which the law attaches the capital punishment or penalties which in any
of these are afflictive.
DD. What is a less grave felony?
 Those which the law punishes with penalties which in their maximum period are
correctional.
EE. What is a light felony?
 Those infractions of law for the commission of which the penalty of arresto mayor
or a fine not exceeding 200 pesos, or both is provided.
FF. What is the reason for penalizing the commission of a light felony?
 In commission of crimes against properties and persons, every stage of execution is
punishable but only the principals and accomplices are liable for light felonies,
accessories are not
GG. Discuss Art 10 of the Revised Penal Code
 “Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are
or in the future may be punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to such laws, unless the
latter should specially provide the contrary.”
HH. What are the principal penalties stated in Art 25 of the Revised Penal Code?
 Capital Punishment:
Death
-Afflictive Penalties:
1. Reclusion Perpetua — 20 years and 1 day to 40 years ❖
2. Reclusion Temporal — min: 12 years & 1 day to 14 years & 8 months, med: 14
years, 8 months & 1 day to 17 years & 4 months, max: 17 years, 4 months & 1 day
to 20 years
3. Perpetual or Temporary Absolute Disqualification
4. Perpetual or Temporary Special Disqualification
5. Prison Mayor — min: 6 years & 1 day to 8 years, med: 8 years & 1 day to 10
years, max: 10 years & 1 day to 12 years
-Correctional Penalties:
Kim.c 11th Week ESKETIIT

1. Prision Correccional — min: 6 months, & 1 day to 2 years & 4 months, med: 2
years, 4 months & 1 day to 4 years & 2 months, max: 4 years, 2 months & 1 day to
6 years
2. Arresto Mayor — min: 1 month & 1 day to 2 months, med: 2 months & 1 day to
4 months, max: 4 months & 1 day to 6 months
3. Suspension
5.Destierro — min: 6 months, & 1 day to 2 years & 4 months, med: 2 years, 4
months & 1 day to 4 years & 2 months, max: 4 years, 2 months & 1 day to 6 years
-Light Penalties:
1. Arresto Menor — min: 1 to 10 days, med: 11 to 20 days, max: 21 to 30 days.
2. Public Censure
3. Penalties common to the three preceding classes:
4. Fine — if it exceeds P 6,000; a correctional penalty, if it does not exceed P 6,000
but it is not less than P 200; and a light penalty, if it be less than P 200.
5. Bond to keep the peace