Criminal Law Reviewer [MIDTERMS]

Persons exempted from criminal liability in Article 12 paragraph 1

An imbecile or an insane person, unless the latter has acted during a lucid interval.

Elements of a felony

ELEMENTS OF A FELONY 1. An Act or Omission a. Act - Any kind of body movement which tends to produce some effect in the external world; includes possession b. Omission - The failure to perform a positive duty which one is bound to do under the law. There must be a law requiring the performance of an act, without such law, there is no liability. 2. Committed by means of: a. Dolo (i.e. willfully) or b. Culpa (i.e. negligently) 3. Punished by the Code

Elements of Attempted Felony

Elements [CNDO]: 1. The offender Commences the commission of the felony directly by overt acts. 2. He does Not perform all the acts of execution which should produce the felony. 3. The non-performance of all acts of execution was Due to cause or accident Other than his own spontaneous desistance.

Elements of Article 12 paragraph 4

Elements: [L-D-A-F] A person is performing a lawful act; With due care; He causes an injury to another by mere accident; Without fault or intention of causing it.

Elements of Article 12 paragraph 5

Elements: [P-I-T] That the compulsion is by means of physical force. That the physical force must be irresistible. That the physical force must come from a third person.

Exceptions under Territoriality rule

Exceptions [SCIONS] [Art. 2, RPC]: 1. Crimes committed while on a Philippine Ship or airship 2. Forging/Counterfeiting of Coins orCurrency Notes in the Philippines 3. Introduction of #2 into the country 4. Offenses committed by public officers or employees in the exercise of their functions. 5. Crimes against National Security and the law of nations, defined in Title One of Book Two of this Code

What are the classification of felonies?

Felonies are committed not only by 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.

Requisites of Self-defense

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.

What are the characteristics of criminal law?

Generality - Penal laws are obligatory on all persons who live or sojourn in Philippine territory, regardless of nationality, gender, or other personal circumstances, subject to the principles of public international law and to treaty stipulations. [Art. 14, NCC] Territoriality - Penal laws of the country have force and effect only within its territory. It cannot penalize crimes committed outside its territory. Prospectivity - No felony shall be punishable by any penalty not prescribed by law prior to its commission. [Art. 21, RPC]

What is implied conspiracy

Implied conspiracy is when the actions have shown towards the accomplishment of an unlawful object, each doing a part such that their acts are connected and cooperative

Differentiate Mala in Se and Mala Prohibita

Mala in Se "Evil in Itself" A crime or an act that is inherently immoral, such as murder, arson, or rape [Black's Law Dictionary, 9th ed.] Mala Prohibita "Prohibited Evil" An act that is considered a crime because it is prohibited by statute, although the act itself is not necessarily immoral [Black's Law Dictionary, 9th ed.] As to laws violated, Mala in Se General Rule: RPC Exception: A crime is mala in se, even if punishable under a special law, when the acts are inherently immoral (e.g., plunder). [Estrada v. Sandiganbayan, G.R. No. 148560 (2001)], while Mala Prohibita are in special laws. As to the use of good faith as a defense, it can be used in Mala in Se, but not in Mala Prohibita. As to the criminal intent as an element, it is necessary in Mala in Se, but not necessary in Mala Prohibita. As to stages of execution, Mala in Se has three stages which are attempted frustrated & consummated. While in Mala Prohibita there are no stages of execution

What are the modes under Article 4 (1)?

Mistake in identity. A felony is intended, but there is a mistake in the identity of the victim; injuring one person mistaken for another. Mistake in blow. When an offender intending to do an injury to one person actually inflicts it on another. No intention to commit a grave so wrong. [ Article 13 (3)]

Requisites of State of Necessity

1. Evil sought to be avoided actually Exists. 2. Evil or injury must Not have been produced by the one invoking the justifying circumstances. 3. Injury feared be greater than that done to avoid it; and 4. There are no other practical and less harmful Means of preventing it.

Factors in determining the stage of execution of felony

1. Manner of the crime committed 2. Elements of the felony 3. Nature of the crime

Requisites of Fulfillment of duty

1. Offender acted in Performance of duty or in the lawful exercise of aright or office; and 2. The injury caused or the offense committed be the Necessary consequence of the due performance of duty or the lawful exercise of such right or office.

Requisites of Obedience to Superior Order

1. Order must have been issued by a superior; 2. The order is for some lawful Purpose; and 3. Means used to carry it out must be lawful.

Relatives that can be defended

1. Spouse. 2. Ascendants. 3. Descendants. 4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees. 5. Relatives by consanguinity within the fourth civil degree. Relatives by affinity, because of marriage, are parents-in-law, son or daughter-in-law, and brother or sister-in-law.

2 Phases of Felony

1. Subjective Phase 2. Objective Phase

Requisites of proposal

1. That a person has decided to commit a felony; and 2. That he proposes its execution to some other person or persons.

Requisites of unlawful aggression

1. That there must be a physical/material attack or assault 2. That the assault or attack must be actual or at least imminent 3. That the assault or attack must be unlawful

Requisites of Defense of Strangers

1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent or repel it; and 3. The person defending was not Induced by revenge, resentment or other evil motive.

Elements of Theft

(a) the taking of personal property; (b) the said property belongs to another; (c) the said taking be done with intent to gain; (d) it be done without the owner's consent; (e) it be accomplished without the use of violence or intimidation against persons, nor of force upon things

Requisites of Article 11 paragraph 5

- 1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office; 2. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office.

Requisites in Article 11 paragraph 4

- First. That the evil sought to be avoided actually exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it.

Mistake of Fact vs Mistake of Law

As to the definition, mistake of fact is Misapprehension of fact on the part of the person causing injury to another. There is no criminal intent. While mistake of law - Want of knowledge or acquaintance with the laws of the land insofar as they apply to the act, relation, duty, or matter under consideration [Black's Law Dictionary 435 (9th ed. 2009), at 589[ As to the defense of Good faith is a defense. Good faith is not defense. An honest mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act. [REYES, Book 1] Good faith is a defense. Good faith is not defense. An honest mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act. [REYES, Book 1]. While in mistake of law, Good faith is not defense.

What are the three stages of execution

Attempted, frustrated, consummated

Elements of Frustrated Felony

B. FRUSTRATED Elements [AFN]: 1. Offender performs All the acts of execution 2. All the acts performed would produce the Felony as a consequence 3. But the felony is Not produced by reason of causes independent of the will of the perpetrator.

What are the exceptions under the Generality rule?

Exceptions: 1. Treaty Stipulations 2. Laws of Preferential Application 3. Principles of Public International Law 4. Warship Rule

Elements of Robbery

(1) there is taking of personal property; (2) the personal property belongs to another; (3) the taking is with animus lucrandi; and (4) the taking is with violence against or intimidation of persons or with force upon things

Elements of Article 12 paragraph 6

1. That an act is required by law to be done; 2. That a person fails to perform such act; 3. That his failure to perform such act was due to some lawful or insuperable cause.

Requisites of article 11 paragraph 6

1. That an order has been issued by a superior. 2. That such order must be for some lawful purpose 3. That the means used by the subordinate to carry out said order is lawful

Requisites under Article 13 paragraph 4

1. That the provocation must be sufficient 2. That it must originate from the offended party 3. That the provocation must be immediate to the act, to the commission of the crime by the person who is provoked.

Elements of Article 12 paragraph 6

1. That the threat which causes the fear is of an evil greater than or at least equal to, that which he is required to commit; 2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it.

Requisites of Conspiracy

1. That two or more persons came to an agreement; 2. That the agreement concerned the commission of a felony; and 3. That the execution of the felony be decided upon.

Factors that may belie self-defense

1. The nature and quality of the weapons used 2. The physical condition, character, size of the aggressor 3. The circumstances and place of the assault

Requisites of Defense of Relatives

1. Unlawful aggression; 2. Reasonable necessity of means employed to prevent or repel it; and 3. Lack of sufficient provocation on part of relative, or, in case of provocation, the one making the defense had No part therein.

Requisites of Article 12 paragraph 6

1. existence of an uncontrollable fear; 2. the fear must be real and imminent; and 3. the fear of an injury is greater than or at least equal to that committed.

What is proximate cause?

Proximate cause has been defined as that which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces injury, and without which the result would not have occurred. [Abrogar v. Cosmos Bottling Company and INTERGAMES, Inc., G.R. No. 164749 (2017)]

Requisites of Article 4 (1)

Requisites [I-DC]: 1. An Intentional felony has been committed. 2. The wrong done to the aggrieved party is the Direct, natural and logical Consequence of the felony committed by the offender.

Requisites of Article 4 (2)

Requisites [OPP- EI- III- NV]: 1. Act performed would be an Offense against Persons or Property. 2. Act was done with Evil Intent. 3. Its accomplishment is inherently Impossible, or that the means employed is either Inadequate or Ineffectual. 4. Act performed does Not constitute a Violation of another provision of the RPC.

Requisites of Intentional and Culpable Felonies

Requisites of Dolo: [FID]: 1. Freedom 2. Intelligence 3. Intent Requisites of Culpa [FINI]: 1. Freedom 2. Intelligence 3. Negligence or Imprudence

Requisites of Mistake of Fact as a Defense

Requisites of Mistake of Fact as a Defense [LIM]: 1. The act done would have been Lawful had the facts been as the accused believed them to be. 2. The Intention of the accused in performing the act should be lawful. 3. That the Mistake must be without fault or carelessness on the part of the accused.

Exceptions under Laws of Preferential

Rules on Jurisdiction [Secs. 4 to 5, R.A. 75] General Rule: The following persons are exempt from arrest and imprisonment, and their properties exempt from distraint, seizure and attachment [AMS]: 1. Ambassadors 2. Public Ministers 3. Domestic Servants of ambassadors or ministers

Basis of paragraph 4

The exempting circumstance in paragraph 4 of Art. 12 is based on lack of negligence and intent. Under this circumstance, a person does not commit either an intentional felony or a culpable felony.

Basis of paragraph 5

The exempting circumstance in paragraph 5 of Art. 12 is based on the complete absence of freedom, an element of voluntariness.

Basis of paragraph 6

The exempting circumstance in paragraph 6 of Art. 12 is also based on the complete absence of freedom.

Basis of paragraph 1

The exempting circumstance of insanity or imbecility is based on the complete absence of intelligence, an element of voluntariness.

Basis of paragraph 2

The exempting circumstance of minority is based also on the complete absence of intelligence

Who are exempt from criminal liability under the principles of public international law?

Who are Exempt [SCAMMP]: 1. Sovereigns and other heads of state 2. Charges d' affaires 3. Ambassadors 4. Ministers 5. Minister resident 6. Plenipotentiary [REYES, Book 1]

Who are not exempt under Principles of Public International Law

Who are not exempt [CVC]: 1. Consuls 2. Vice-consuls 3. Other Commercial representatives of foreign nations do not possess such status and cannot claim the privileges and immunities accorded to ambassadors and ministers. [Sec. 249, Wheaton, International Law]

What is the doctrine of rational equivalence

the imminent danger to which the person attacked is exposed and the instinct, more than the reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done but rest upon the immenent danger of such injury.

Who is a habitual delinquent?

A person shall be deemed to be a habitual delinquent if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, he is found guilty of any said crimes a third time or oftener.

Who are deemed strangers?

Any person not included in the enumeration of relatives mentioned in paragraph 2 of this article, is considered stranger for the purpose of paragraph 3. Hence, even a close friend or a distant relative is a stranger within the meaning of paragraph 3.

What is conspiracy as a manner of incurring liability?

Conspiracy is a manner of incurring criminal liability when all persons who have participated in the commission of the felony, regardless of the extent of their participation in the crime, will be equally liable to the felony committed.

Exception under Prospectivity rule

When the law is favorable to the accused, provided that he is not a habitual delinquent