Premid Coverage

Monday, July 28, 2014

11:09 AM

Criminal Law - It is that branch or division of law which defines crimes, treats of their nature, and
provides for their punishment

Expost facto law
Makes criminal an act done before the passage of the law and which was innocent when done
Aggravates the seriousness of a crime
Statutes which prescribe greater punishment
Alters the rules of evidence so as to make it substantially easier to convict
Assumes to regulate civil rights and remedies only, in effect imposes penalty and deprivation of a
right
Deprives a person accused of a crime some lawful protection to which he has become entitled

Bill of attainder - a legislative act which inflicts punishment without trial

Penal Law - those acts of the legislature which prohibit certain acts and establish penalties for their
violations

Substantive law - one which prescribes rules of procedures by which courts applying laws of all kinds can
properly administer justice

Characteristic of Penal law
Generality - Penal law is binding on all persons who reside or sojourn in the Philippines whether
citizens or not
Territoriality - law is applicable to all crimes committed within the limits of Philippine territory
Prospectivity - laws should have only prospective application unless they are favorable to the
offender who is not a habitual delinquent. This rule applies also to penal circulars.

Lex prospicit, non respicit - the law looks forward not backward

Philosopies - classical or juristic, positivist/realistic, ecclectic, utilitarian
Classical/Juristic Posivist/Realistic
Basis Human Free Will. Man has capacity to
choose between right and wrong
Man is inherently good but the
offender is socially sick
Purpose of Penalty Retribution. Eye for an eye; Tooth for a
tooth.
Reformation. Penalty should be
corrective or curative.
Determination of
Penalty
Specific and Predetermined penalty for the
offense committed.
Individual examination of the
offender.
Emphasis Offense not offender Offender not offense

Ecclectic(Mixed) - combination of classical and positivist theories. Classical should be applied to grievous
crimes, whereas, posivist is made to apply on economic and social crimes.

Utilitarian - function of criminal law is to protect society from potential and actual wrongdoers.

Nulum crimen nula poena sine lege - there is no crime when there is no law that defines and punishes it.

Equipoise Rule - where the evidence of the prosecution and of the defense are equally balanced, the
scale should be tilted in favor of the accused in obedience to the constitutional presumption of
innocence.

Actus non facit reum, nisi mens sit rea - act can't be criminal unless the mind is criminal.

Crimes mala in se - acts or omissions which are inherently evil.

Crimes mala prohibita - acts which made evil because there is a law prohibiting the same.

Heinous crimes - it is grievous, odious and hateful offense which by reason of its inherent or manifest
wickedness, viciousness, atrocity and perversity, is regarded as seriously outrageous to the common
standards or norms of decency and morality in a just, civilized and orderly society.

Absolute/Total/Express repeal - act or omission is decriminalized if the case is pending, whether or not
habitual delinquent. If convicted and/or serving sentence, he shall be released if he is not a habitual
delinquent or unless the law provides that detention is to continue.

Partial/Relative/Implied repeal or Repeal by re-enactment - if habitual delinquent or if the favorable law
prohibits retroactivity, first law will govern. Second law will govern if favorable to the offender who is
not a habitual delinquent or the law is silent as to its retroactivity.

Philippine Archipelago - All territories over which Philippines has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the
insular shelves and other submarines areas. The waters around, between, and connecting the islands of
the archipelago regardless of the breadth and dimensions, form part of the internal waters of the
Philippines.

French Rule - Recognizes the jurisdiction of the flag country over crimes committed within the vessel
except if the crime disturbs the peace an order of the host country

English Rule - host country has jurisdiction over crimes committed within the vessel except they involve
the internal management of the vessel.

Crimes against national security (rebellion is not included because it is against Public Order)
Treason
Espionage
Provoking war
Disloyalty in case of war
Piracy and Mutiny

Felonies - acts or omissions punishable under the Revised Penal Code. Felonies are committed either by
means of deceit or by means of fault.

Deceit - when the act is performed with deliberate intent

Fault - when the wrongful act results from imprudence, negligence, lack of foresight or skill

Dolo Culpa
Freedom of Action Freedom of Action
Intelligence Intelligence
Intent Negligence, Imprudence, Lack of foresight/skill

Act - any bodily movement tending to produce some effect in the external world, it being unnecessary
that the same be actually produced, as the possibility of its production is sufficient.

Omission - meant inaction, the failure to perform a positive duty which one is bound to do. There must
be a law requiring the doing or performance if an act.

Intent - refers to the use of a particular means to effect the desired result.

Motive - is the moving power or force which impels a person to a desired result.

Motive becomes material
Act brings about variant crimes
Doubt whether the accused committed the crime, or the identity of the accused is doubtful
Evidence on the commission of the crime is circumstantial
There is a need to determine whether Direct Assault is present in offenses against a person in
authority committed when he is not in the performance of his official duties
When there is no eyewitness to the crime and where suspicion is likely to fall upon a number of
persons

Mistake of Fact - that mistake which had the facts been true to the belief of the offender, the act he did
would have been justified

Aberratio Ictus - error in the victim of the blow, the offender intends the injury on one person but harm
fell on another.

Error in personae - mistake in the identity involves only one offended party but the offended committed
a mistake in ascertaining the identity of the victim.

Praeter intentionem - the injury is on the intended victim but the resulting consequence is so grave a
wrong than what was intended.

Proximate cause - is that cause which, in its natural and continuous sequence, unbroken by an efficient
intervening cause, produces the injury, and without which the result would not have occurred.

Intelligence - discernment, the capacity to understand what is right and what is wrong.

Impossible crime - is one where the acts performed would have been a crime against persons or
property but which is not accomplished because of its inherent impossibility or employment of
inadequate or ineffectual means.

Legal impossibility - which occurs where the intended acts, even if completed would not amount to a
crime.

Factual/Physical Impossibility - this occurs when extraneous circumstances unknown to the actor or
beyond his control prevent the consummation of the intended crime.

Consummated - when all the acts necessary for its accomplishment and execution are present.

Frustrated - when the offender performs all the acts which would produce the felony as a consequence,
but the felony was not produced by reason of causes independent of the will of the perpetrator.

Attempted - 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.

Overt Acts - are external acts which if continued will logically result in a felony.
Is some physical activity or deed, indicating the intention

Preparatory Acts - acts which still require another act so that a felony will result.

Overt acts - is some physical activity or deed, indicating the intention to commit a particular crime, more
than a mere planning or preparation, which if carried to its complete termination following its natural
course, without being frustrated by external obstacles nor by voluntary desistance of the perpetrator,
will logically and necessarily ripen into a concrete offense.

Desistance - act which will negative criminal liability of the offender when made during the attempted
stage. It is an absolutory cause because the law encourages a person to desist from
continuing/committing a crime.

Conspiracy - when two or more persons come to an agreement concerning the commission of a felony
and decide to commit it
Conspiracy as a crime by itself
Conspiracy as a means of committing a crime
Pre-agreement or planning
Implied from the concerted acts of the offenders or implied conspiracy

Conspirator - is liable as long as he went to the scene, unless he is the mastermind.
And subject only for the crime agreed, except:
When other crime was committed in their presence and they did not prevent its
commission
Other crime is the natural consequence of crime planned
When a composite or special complex crime

Grave Felony - penalized by capital punishment or afflictive penalties in any of its period.
Prision mayor
Disqualification
Reclusion temporal
Reclusion perpetua

Less grave - are punished with penalties which in their maximum period are correctional
Destierro
Suspension
Arresto mayor
Prision correccional

Light felonies - are infractions punished with arresto menor or a fine not exceeding 200.00