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COLLEGE OF LAW
A. Classroom rules:
1. Attendance will be checked at the beginning of every meeting.
2. Recitation will be conducted every meeting. Students are expected, therefore,
to come to class prepared and to have read the materials scheduled to be covered
during the meeting. When a student is reciting, the rest of the class is expected to
listen to him. Students are encouraged to participate in the discussion by asking
questions.
3. A student who is called to recite is expected to close his book during his
recitation.
4. Electronic gadgets are not prohibited during class hours. A student is
expected, however, to turn off his mobile phone or to put it on silent mode as
soon as he steps into the classroom. If the student expects a call during the
meeting, he can take the call by discretely leaving the classroom. Laptops,
tablets, and other similar electronic devices, are not, likewise, prohibited but the
students who are called to recite should close these electronic devices for the
duration of their recitation. The same rule applies to mobile phones that serve as
data storage.
4. Any student may discretely leave the classroom if and when absolutely
necessary. When a student is not in the classroom when called for recitation, he
will be given a grade of 5.
No grade of 3w or 4
I. Fundamental Principles
B. Kinds of crimes
1. Mala in se
- U.S. vs. Go Chico, 14 Phil. 128, 131 (1909).
2. Mala prohibita
- U.S. vs. Go Chico, 14 Phil. 128, 131 (1909).
- Lim vs. People, 340 SCRA 497 (2000)
- People vs. Lacerna, 278 SCRA 561 (1997)
3. Felony
- Art. 3, RPC
- People vs. Gonzales, 183 SCRA 309 (1990)
4. Offense
2. Due process
- 1987 Constitution, Art. III, Sec. 14(1)
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1. Prospective
- People vs. Tamayo, 61 Phil. 225
2. General
- Civil Code of the Philippines, Art. 14
- U.S. vs. Sweet, 1 Phil. 18
3. Territorial
- Art. 2, RPC
- Reagan vs. Commissioner, 30 SCRA 968 (1969)
Art. 2
- What Constitutes Territory of the Philippines
i. Art. 1, 1987 Constitution
- Art. 14, Civil Code of the Philippines
- US Bases Agreement
- RP-US Visiting Forces Accord
- R.A. No. 75
- Arts. 1, 29, 31, 1961 Vienna Convention on Diplomatic Relations
- Sec. 58, R.A. No. 9372 (Human Security Act of 2007 or Anti-Terrorism Act)
- R.A. No. 7055
- Minucher vs. Court of Appeals, G.R. No. 142396. February 11, 2003]
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Jurisdiction over offenses committed in the high seas
- U.S. vs. Bull, 15 Phil. 7
IV. Title One: Felonies and Circumstances Which Affect Criminal Liability
A. Chapter One: Felonies
Arts. 3
- People vs. Gonzales, 183 SCRA 309 (1990)
- People vs. Castillo, 76 Phil. 72
- People vs. Pacana, 47 Phil. 48
- People vs. Bandian, 63 Phil. 530
- U.S. vs. Ah Chong, 15 Phil. 488
- U.S. vs. Apego, 23 Phil. 391
- People vs. Oanis, 74 Phil. 257
Involuntary act
- U.S. vs. Barnes, 12 Phil. 93
- People v. Sara, 55 Phil. 939
- actus non facet reum, nisi mens sit rea (a guilty mind, a guilty or wrongful purpose
or criminal intent)
Art. 4
- Este el causa de la causa es causa del mal causado
- Distinguish among error in personnae, aberration ictus, praeter intentionem
- Requisites for parag. 1: a) an intentional felony must have been committed; b) the
wrong act done must the direct, natural, and logical consequence of the felonious act
- Proximate cause is that cause, which, in natural and continuous sequence, unbroken
by any efficient intervening cause, produces the injury, and without which the result
would not have occurred.
cf. Art. 59
- People vs. Faller, 67 Phil. 629
- People vs. Acosta, 60 Phil. 158
- People vs. Cornel, 78 Phil. 458
- People vs. Quianzon, 62 Phil. 162
- U.S. vs. Villanueva, 31 Phil. 412
- U.S. vs. Divino, 12 Phil. 175
- U.S. vs. Mendieta, 34 Phil. 242
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- Urbano v. Intermediate Appellate Court, 157 SCRA 10
- U.S. vs. Maisa, 8 Phil. 597
- People vs. Balmores, 85 Phil. 493
- Intod vs. Court of Appeals, 215 SCRA 52
Art. 5
- People vs. Orifon, 57 Phil. 594
- Director of Prisons v. Ang Cho Kio, 33 SCRA 494 (1970)
Art. 6
Indeterminate offense
- People vs. Lamahang, 61 Phil.703
Art. 7
Art. 8
- Estrada v. Sandiganbayan, G.R. No. 148965. February 26, 2002
Art. 9
cf. Art. 25
Art. 10
Art. 11
- cf. Art. 100
- R.A. No. 9262, Sec. 26
- cf. R.A. No. 9344, Sec. 6, as amended by R.A. No. 10630
Self-defense
- De la Cruz vs. People, 741 SCRA 97 (2014)
- People vs. Gonzales, 672 SCRA 590 (2012)
- Nacnac vs. People, 668 SCRA 846 (2012)
- People vs. Sotelo, G.R. No. L-33304, Dec. 13, 1930
- People vs. Gutierrez, 611 SCRA 633
- People vs. Manulit, 635 SCRA 426
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Battered woman syndrome as self-defense
- People vs. Genosa, 341 SCRA 493
Defense of relatives
- People vs. Agacer, 662 SCRA 461 (2011)
- People vs. Lopez, 585 SCRA 529
Defense of strangers
- Cabuslay vs. People, 471 SCRA 241 (2005)
Art. 12
- R.A. No. 9344, Sec. 6
- Insanity as a defense
- People vs. Tibon, 622 SCRA 510 (2010)
- Herrera vs. Sandiganbayan, 579 SCRA 32
- People vs. Domingo, 580 SCRA 436
- Sierra vs. People, 591 SCRA 666
Stand-your-ground rule
- U.S. v. Domen, 37 Phil. 57
Absolutory causes – those where the act committed is a crime but for reasons
of public policy and sentiment there is no penalty impose.
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C. Chapter Four: Aggravating Circumstances
Art. 14
- cf. Secs. 8 & 9, Rule 110, Revised Rules of Criminal Procedure
- U.S. vs. Rodriguez, 19 Phil. 150
- People vs. Rodil, 109 SCRA 308
- People vs. Pagal, 79 SCRA 570
- People vs. Luchico, 49 Phil. 689
- U.S. vs. Punsalan, 3 Phil. 260
- U.S. vs. Barredo, 87 Phil. 800
- People vs. Aguinaldo, 55 Phil. 610
- People vs. Lungbos, 162 SCRA 383
- People vs. Licop, 94 Phil. 839
- People vs. Lagarto, 196 SCRA 611
- People vs. Ompad, 26 SCRA 750
- People vs. Carillo, 77 Phil. 579
- People vs. Yturriaga, 86 Phil. 534
- People vs. Tadeo, 389 SCRA 20
- People vs. Belgar, 195 SCRA 98
- People vs. Madrid, 88 Phil. 1
- People vs. Verzo, 129 Phil. 628
Dwelling
- People v. Agcanas, 674 Phil. 626, 635 (2011)
Treachery
- People vs. Gonzales, 672 SCRA 590 (2012)
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- Conspiracy
Art. 22
- cf. Art. 62, RPC
- People v. Villaraza, 81 SCRA 95
Art. 23
Art. 24
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Art. 48
- People vs. Guillen, 85 Phil. 307
- U.S. vs. Ferrer, 1 Phil. 56
- People vs. Toling, 62 SCRA 17
- Ivler vs. San Pedro, 635 SCRA 191
- Domingo vs. People, 603 SCRA 488
- People v. Nelmida, 694 Phil. 529 (2012)
Absorption of crimes
Delito continuado
- Santiago v. Garchitorena, 228 SCRA 214
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liability, as well as his civil liability ex delicto
- People v. Amistoso, 704 SCRA 369
- People v. Culas, G.R. No. 211166, June 5, 2017
Marriage by the offender with the offended party must be made with the
intention of making her his wife.
- People vs. Santiago, 51 Phil. 68
- cf Art. 266-C
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Requisites that must concur in order for the enforcement of the employer’s
subsidiary liability
- Carpio vs. Doroja, 180 SCRA 1
- Baza Marketing Corp. vs. Bolinao Security & Investigation Services, 117
SCRA 156
- Steinmetz vs. Valdez, 72 Phil. 92
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- People vs. Bayotas, 236 SCRA 239
- People vs. Ayochok, 629 SCRA 361
- Datu vs. People, 637 SCRA 754
Art. 113
- cf. Art. 36(2)
- U.S. vs. Madlangbayan, 2 Phil. 426
- Budlong vs. Apalisok, 122 SCRA 935
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