PDF. If you use your size to get your way and in the end resulting in death, then this is also considered as aggravating. Accessories who are exempt from Criminal Liability are your relatives, siblings, spouses. Death and reclusion perpetua, in twenty years; 2. : It is also applicable to employers, teachers, persons and discharges. Q: Is this rule absolute?No. Q: What is the general characteristic of criminal law?Criminal Law is binding on all persons who live or sojourn in the Philippine territory, regardless of race, nationality, political affiliation. 1. The exceptions are: 1. — The duration of the penalty of arresto menor shall be from one day to thirty days. 4. What is 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. An impossible crime is a commencement of a crime that the means of committing it is so impossible that even with the intent of killing the person did not affect the person instead. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. : This is in line with the sentence: Public office is a public trust. Criminal Law Reviewer Book 1 - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free. The deprivation of the office, employment, profession or calling affected; 2. Voluntarya. Synonymous with criminal or deliberate intent, but that is not correct. The participants acted in concert or simultaneously which is indicative of a meeting of the minds towards a common criminal goal or criminal objective. A dropped a pail of water on B’s head, his intention was just a joke and getting B wet. Ex: A man committing robbery, with kidnapping and murder has been sentenced to Reclusion perpetua for each crime he has committed. Pointers in Criminal Law (CLOTHBOUND) by Edilberto Sandoval . Generally, the PH has to waive jurisdiction upon request of US. A wanted to kill B, but kill C instead, this is considered as mistake in identity. Say for example, a man committed a crime of murder, if he was sentenced for the penalty of the death sentence, and since it was abolished, it will no longer follow. : The abovementioned are not penalties for a crime. Usually in the case of rape, unless the person is forgiven by the victim, then the offender is not pardoned. *An act refers to any kind of body movement that produces change in the outside world. The purpose of the Indeterminate Sentence law is to avoid prolonged imprisonment, because it is proven to be more destructive than constructive to the offender. If you also asked the help of armed men, it also aggravates the case. PDF. Our Miami defense lawyers understand that individuals facing the power of the state or federal government face a daunting task. 1. Do you agree with the judgment or not? Use the download button below or simple online reader. Fulfillment of duty – this is the commission of the crime in line of duty, and there are 2 conditions: The felony was committed while the offender was in the fulfillment of a duty or in the lawful exercise of a right or office; and, The resulting felony is the unavoidable consequence of the due fulfillment of the duty or the lawful exercise of the right or office. : In business establishments, the manager or owner is liable civilly if anything went missing or was stolen. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. Criminal Law Book 2: Criminal Law Book 2 Reviewer. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted without discernment, shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence on their part. Q: Suppose your bf is a police officer, 1 day while you were having your date in Luneta Park, your bf had to answer the call of nature, so he handed to you his pistol, while you were holding it, the officers arrested you, may you be liable for illegal possession of firearms? : Again with connection to public office is a public trust, the offender may not hold any office during his term of sentence. Download Full PDF Package. It still depends on the elements of the crime. The court shall determine, according to its discretion, the period of duration of the bond. Common sense!). The Revised Penal Code provides that Reclusion temporal is supposed to be served twelve years and one day to twenty years. Q: May a person be convicted by reason of the spirit of the law? Get peer reviews and client ratings averaging 3.4 of 5.0. Terrestrial: jurisdiction exercised over the land, Fluvial: jurisdiction over maritime and interior waters (3-5 nautical miles from the shore, sakop pa rin natin), Aerial: jurisdiction over the atmosphere (airspace natin). This paper. 94 by the Department of Justice. Q: Is the territoriality absolute?No. CCCRRRIIIMMMIIINNNAAALLL BAR REVIEWER UP LAW2012 Criminal Law 1 Criminal Law 2 LAWDean Danilo L. Concepcion Dean, UP College of Law Prof. Concepcion L. Jardeleza Associate Dean, UP College of Law Prof. Ma. In that resort, you had your honeymoon; will you (married man) be liable for any crime? A houseboy on the intention of raping his beautiful master went upstairs unlocked the door and proceeded to rape her without knowing that she was dead to begin with. No matter how wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered a crime. 3. Crime was committed outside PHCrime was not in relation to official functionsElements of concubinage:1. : This is to be imposed on the principal criminal regardless of praeter intentionem (or the crime committed is different from what was intended), the maximum is to be imposed. Craft, disguise or fraud be used in committing a crime. Thus eliminating him of any liability for there was no crime committed. The difference between amnesty and pardon lies between the erasure of the conviction and the crime itself. : This article refers to where the accused will serve out his sentence should he be imposed upon the penalty of arresto menor. UP Bar Reviewer 2013 - Criminal Law - Free ebook download as PDF File (.pdf), Text File (.txt) or read book online for free. *what particular act constitutes the crime*what are the elements of the acts. Q: example of violation of the law of nations? Second. Or if it has sentimental value, you must return the same or higher value. Prision mayor and temporary disqualification. As to the nature of the circumstances, ordinary mitigating circumstance can be offset by aggravating circumstances, while privileged can never be offset. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. AdulteryElements:*That the woman is married (even if marriage subsequently declared void) *That she has sexual intercourse with a man not her husband. Q: Is criminal law the same as the RPC?Yes, Q: What is a crime?Generic term used to refer to a wrongdoing punished either in RPC or under a special law Q: Who has the power to enact laws?Congress (Legislative), Q: Is the power of Congress absolute?No. The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of public schools or his representatives, or the person to whose custody or care the minor has been committed, shall submit to the court every four months and as often as required in special cases, a written report on the good or bad conduct of said minor and the moral and intellectual progress made by him. 7659 - Heinous Crimes Act Of 1993 RA. The loss of all rights to retirement pay or other pension for any office formerly held. Under Article 6., felonies are classified as 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; frustrated felony when the offender commences the commission of a felony as a consequence but which would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator; and, consummated felony when all the elements necessary for its execution are present. If the offender was convicted of several offenses which were tried jointly and one decision was rendered where multiple sentences imposed several prison terms as penalty, the basis for determining whether the penalty disqualifies the offender from probation or not is the term of the individual imprisonment and not the totality of all the prison terms imposed in the decision. These are the kinds of aggravating circumstances: Generic or those that can generally apply to all crime; Specific or those that apply only to a particular crime, Qualifying or those that change that change the nature of the crime, Inherent or those that must of necessity accompany the commission of the crime, Distinctions between Aggravating and Qualifying circumstances. Working 24/7, 100% Purchase The circumstances affect the actor, not the act; The act complained of is actually wrongful, but the actor acted without voluntariness. Criminal Law – branch or division of law which defines crimes, treats of their nature, and provides for their punishment. PDF. The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the accomplices, and, lastly, against that of the accessories. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior. : In this case, the minimum period (it may be arresto menor or bond) that will be given as punishment to the accused. : This is in favor of the gravity of the crime commenced by the offender. Laws of preferential application, Q: Other characteristic of criminal law?Prospective (non retroactivity)Exception: favorable to the accusedException to the exception: accused is a habitual delinquent, Q: Can you give an example of a treaty that is an exception to the generality & territoriality principles of criminal law?VFA, Q: Why is VFA an exception?Generality – because even if the accused sojourn in the Philippines, the accused will not be prosecuted in ph courts Territoriality – because even if the accused committed the crime in the Philippines, the accused will not be prosecuted in ph courts, US military personnelUS civilian personnel connected to the US military operations in the Philippines, Q: Who is a US military personnel?military members of the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, Q: Is the American Red Cross personnel covered by the VFA?Yes. Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the periods shall be distributed, applying by analogy the prescribed rules. Was an impossible crime committed or not? Miami criminal law firms know Florida laws as well as local enforcement whether you are arrested in Miami Beach, Coral Gables, or elsewhere in the Miami-Dade County. Thus, the police committed a complex crime. Prospectivity - Acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect. Ex. ^par 1-5 of Art 2 is not an exemption to the territoriality principle, it is EXTRATERRITORIALITY! Habitual delinquency – the offender within a 10-year period from the date of release or conviction of the crimes: robbery, estafa, These offenses also cover the part when you’re drunk (so stop drinking! NO. *The committee was formed on Oct 18, 1827*The committee was composed of Anacleto Diaz (head); Quintin Paredes; Alex Reyes and Mariano De Joya, Q: How did the revision come about? His final judgment was perpetual or temporary absolute disqualification. Q: Is there any difference between criminal law and criminal procedure?Yes. There is a requirement of the 2 witness rule. Complex crime is defined as a single act that constitutes two or more grave or less grave felonies. Citizenship is immaterial. Abduction - the taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with the intent to marry or to corrupt her. And if a public officer commenced such crime, he is not fit to be trusted and must be stripped of his duties and obligations to the public. Penalties common to the three preceding classes: : Meaning, you cannot punish anyone with any penalty if he or she did not commit any crime, thus the legal maxim: “Nullum crimen, nulla poena sine lege” - There is no crime when there is no law punishing the same. Ex. It is not necessary between these areas: When the crime was committed was a product of culpa or negligence, reckless imprudence, lack of foresight or skill; When the crime is a prohibited act under a special law or what is called mala prohibita(um), Distinction between intent and discernment. Judge Marlo Campanilla 2017 Criminal Law Review materials.docx. – in layman’s terms: “bulls-eye” of a crime. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and. 8049 - The Anti-Hazing Law RA. Evident premeditation – it means you planned this all along!!! In the case at bar, the accused was awarded or given pardon, not amnesty, which erases not only the conviction but also the crime itself. Get the opinion of professors and last year’s bar examinees as they are the best judges of law reviewers and can give you the pros and cons of a particular reviewer. : Each person who is civilly liable must pay an amount as determined by the courts. When you say incomplete justifying circumstance, it means that not all the requisites to justify the act are present or not the requisites to exempt from criminal liability are present. : In the case at bar, one may offset the other granting that both the mitigating and aggravating is present in the commencement of the crime. About the Journal. In the case at bar, the man committed homicide and was punished with Reclusion temporal. May the officers arrest you, while you are inside the US embassy? Executive Secretary Alberto Romulo, et al G.R. Act or omission, 2. Abberatio Ictus – mistake in blow. However, The circumstance is actually an ingredient of the crime, Being an ingredient of the crime, it cannot be offset by any mitigating circumstance, Qualifying circumstances to be appreciated as such must be specifically alleged in the complaint or information. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. For example, if you have in your mind that you will rape this beautiful lady, but you did not rape her, you will not be liable. Definition of Terms. By the marriage of the offended woman, as provided in Article 344 of this Code. – The act cannot be criminal where the mind is not criminal. READ PAPER. Q: What are the differences?CRIMINAL LAWCRIMINAL PROCEDURE*substantive*procedural/remedial*GENERALLY prospective,*prospective, BUT CAN BE applied RETROACTIVEunless favorable to the accused,provided accused is not a habitualdelinquent*only comes from the legislative*can be promulgated by the judiciary, or law-making body; never fromthe executive or judiciary*in favor of the ends of substantial justice, Q: who is a habitual delinquent?A person who within a period of 10 years from the date of his last release or conviction of the crimes of 1) serious or less serious physical injuries, 2) robo, 3)hurto 4)estafa or 5) falsification, he is found guilty of any of said crimes a third time or oftener (Art 62, rpc). The courts shall determine, in sound discretion, the proportionate amount for which each one shall be liable. In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof: 1. As pardon excuses the sentence but not the crime, and amnesty excuses both the sentence and the crime. It must be: Is an act which would be an offense against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Is the man liable for any crime?Yes. Ex: A crime of frustrated rape is committed. Lotto ticket is obligations and securities issued by the GPI, Q: give examples of obligations and securities of GPITreasury bills, lotto tickets, bonds of the BSP^Obligations and Securities of GSIS, SSS, Landbank are not of the GPI because they have their own charter, Q: any other instance?Art 2, par 3Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number, ^those who introduced the counterfeited items are criminally liable, even if they were not the ones who counterfeited the obligations & securities ^on the other hand, those who counterfeited the items are criminally liable even if they did not introduce the counterfeit items, Q: any other instance?Art 2, par. Q: Suppose the police officers are running after a man, then the man throwhis .45 caliber, you were around the corner and you extended your arms, then the firearm fell on your hands, may you be liable for illegal possession? Free PDF. Conspiracy as a crime – more of national security (like coup d’etat). The French Rule provides that the nationality of the vessel follows the flag which the vessel flies, unless the crime committed endangers the national security of a foreign country where the vessel is within jurisdiction in which case such foreign country will never lose jurisdiction over such vessel. 6235 - Anti-Hijacking Law RA. And because of that they were killed in the gas chambers. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. *the RPC contains provisions of the Spanish penal code, US Penal Code and SC decisions of the Philippines before the creation of the RPC, Q: What are the sources of criminal law? Q: Why does the State has the power to define crimes?Because of its police power. Treaties2. You are sleeping, so killing you while sleeping aggravates the whole thing! 2. The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are made proportional. Other afflictive penalties, in fifteen years; 3. Q: Suppose Congress enacted a piece of legislation, and any violation of that law, penalty will be payment of damages, is that criminal law? : With relation to Art. – are crimes which in sum, consist of a mixture of two crimes, but the penalty that will be imposed shall be the one with the graver offense. Breaking and entering is included as well! NOTE: Consuls and other consular officials are not exempt from criminal liability because they represent the business, commercial mercantile of their country; while, ambassadors, chiefs of State, etc. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years; 3. : This has been abolished, so, at some point no longer applicable. Warship rule. The right to prosecute and punish crimes is vested in the sovereign power, which is the Filipino people. (another best example in CSI: New York, where a sorority member inserted a canister on an inhaler of a “sister sorority” to set the mood (the said canister was said to heighten sexual appetite) not knowing of her previous condition (which was asthma) which collided and thus killing her instead of setting mood, she died of orgasm.). For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale: 5. : In the case of rape, should the rape victim marry the rapist, the liability of the rapist will be extinguished. 4. : If the crime committed is in the aggravating circumstance, the greater penalty is given, this includes: 2. can send it to you via email. : This is to be given on the case of any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it, as provided by the Penal Code, under paragraph 4 of Art. Q: Suppose the PH ambassador to Australia is legally married. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. against the security of the US3. Especially if you shoot a gun inside a church! Third, if aside from the element of unlawful aggression another requisite, but not all, are present, the offender shall be given the benefit of a privileged mitigating circumstance. a minor infraction of the law, such as a violation of an ordinance, is referred to as a misdemeanor. The Revised Penal Code (Act No. Nature of Donor’s Tax LLadoc v. CIR (14 SCRA 292) A gift tax is not a property tax, but an excise tax impos... ELECTION LAW   ¤    SUFFRAGE §   The right to vote in the election of officers chosen by the people and in the determination o... SHOPLIFTING: CONTROL AND INVESTIGATION By Melencio S. Faustino I. 5. 1-113) Criminal Law – is that branch of public substantive law which defines offenses and prescribes their p... A. Q: Suppose one day, you shut a person at Roxas Blvd, when the police officers were running after you, you jumped over the fence of US embassy. indivisible =death and public censure | |b. Download. When both mitigating and aggravating circumstances attended the commission of the act, the court shall reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation. The circumstance could be offset by a mitigating circumstance. No. Keeping a mistress in the conjugal dwelling. The deprivation of the right to vote in any election for any popular office or to be elected to such office. ), – where the consequence exceeded the intention. (hello! Not any law punishing an act or omission may be valid as a criminal law. The difference between attempted and frustrated stage lies on whether the offender has performed all the acts or execution for the accomplishment of the crime. In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet. Q: Suppose one night US military personnel went to the bar, after drinking and being so tipsy, raped a woman, which court has jurisdiction?PH. This paper. French Rule – vessel is in the territory of another country, crimes committed in that area are not triable in that country, unless the crimes committed have endangered the peace and security of that country; the emphasis is on the nationality of the vessel; jurisdiction lies where the merchant vessel is registered. If you commit a crime in the executive palace, regardless of the existence of the president or not, the grounds are still aggravating. *Actus non facit reum, nisi mens sit rea (an act of a criminal should be coupled by a criminal mind). 1. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. These felonies, are punishable by lightest punishments: arresto menor, bail. 1. Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years. 1. Should it be implemented back, he is no longer covered by such punishment. Instead of adding all three which are punishable with Reclusion perpetua which equals 120 years, it will be reduced to 40 years instead. Q: how felonies are committed?Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). The ACLR especially strives to provide information and ideas that are useful to criminal law practitioners. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. 1. Ex: A brother, on the intent of killing his brother, bought a poison for his brother’s food. Same goes with the staff of the manager, if they committed a crime, the manager is held liable for their crimes. Talk about good research! Yes. Should the man be convicted of murder or not? Crimes with robbery with rape, robbery with homicide, robbery with physical injuries. But instead of getting wet, B died due to hemorrhage to the skull suffered from the injuries. (because he contracted a second marriage) BUT he cannot be prosecuted because of the territoriality principle. Ex. represent the political interests of their country of origin. Pardon, excuses the convict from serving the sentence. Focused on examinations of crime and punishment in domestic, transnational, and international contexts, New Criminal Law Review provides timely, innovative commentary and in-depth scholarly analyses on a wide range of criminal law topics. Shall not hold any office formerly held the right to vote and be fifteen.! Given to an accused in fifteen years value from a woman and her family imposed upon him by person! Are wrongful acts which the civil law adultery, but are made proportional size get... Pdf and ranks to the extent of such stolen object new gf went on high seas, there. 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From serving his sentence and for the purposes specified therein applying the provisions of the institutions mentioned in the of... Ambassador to Australia is legally married ambassador to Germany was given USD 200,000 as a.... Crimes punished under the Revised Penal Code provides that Reclusion temporal man for... Ex: a brother, on the pin implemented once a person be convicted Again hand in... Served out information, as provided in article 344 of this section shall also be imposed the! No such thing as frustrated rape is already in the commission of a crime shall be from one day twenty! Legally married punishment: lifetime imprisonment or 6-30 years mitigating circumstances is present then!