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Chapter1 Concepts and Principles

1. Definitions
Define or give the meaning of the following:
1. Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct
perceived as threatening, harmful, or otherwise endangering to the property,
health, safety, and moral welfare of people inclusive of one's self.

2. Crime
an action or omission that constitutes an offense that may be prosecuted by the
state and is punishable by law.

3. Penal Law (code)

A criminal code is a document that compiles all, or a significant amount of, a
particular jurisdiction's criminal law.

4. Nullum crimen, nulla poena sine lege

It is the principle in criminal law and international criminal law that a person
cannot or should not face criminal punishment except for an act that was
criminalized by law before he/she performed the act.

5. Ex post facto law

An ex post facto law is a law that retroactively changes the legal consequences of
actions that were committed, or relationships that existed, before the enactment of
the law

2. Discussions

1. What are the different purposes of Criminal Law?

a. To prevent wrongdoing, b.to punish wrongdoers c.define the behavior of
criminals d.grade crimes according to seriousness e.establish punishment for each
crime

2. What are the different sources of Philippine Criminal Law?

a. The Revised Penal Code b.Special Penal Laws- Acts enacted of the Philippine
Legislature punishing offeneses or ommisions

3. How are penal laws interpreted?

Criminal and penal statutes must be strictly construed, that is, they cannot be
enlarged or extended by intendment, implication, or by any equitable
considerations. Only those persons, offenses, and penalties, clearly included,
beyond any reasonable doubt, will be considered within the statute's operation.

4. Which branch of the government ha the prerogative to enact penal laws?

Congress

5. What are the three main characteristics of Philippine Criminal Law?

There must be (1) an act or omission; (2) punishable by the Revised Penal Code; and
(3) the act is performed or the omission incurred by means of dolo or culpa.

3. Problems
Explain briefly the rule or reason for your answer.
1. A, a military general, committed the crime of murder in Pampanga and was
subsequently
charged before the Regional Trial Court of the said province. A contends that civil
courts
have no jurisdiction over his case. Is A�s contention Correct?
A is correct because of the law, G.R. No. L-7777 - Lawphil.

2. B, an American consul, committed a crime under the RPC while stationed in the
Philippines.
B claims that by virtue of public intentional law he is not subject to our criminal
law. Is he
correct?
B is wrong according Act No. 3815, Article 2

3. The legislative branch passed a law inflicting punishments without trial. C, a

Criminology
student, challenged and questioned the constitutionality of the law before the
court. He
contends that the law is constitutionally infirm. Is C�s contention correct?
C is correct because of the bills of attainder and they are banned because they
violate the Constitution separation of powers.

CHAPTER II
FELONIES

I.
Define or give the meaning of the following:
1. Felony
A felony is traditionally considered a crime of high seriousness, whereas a
misdemeanor is regarded as less serious

2. Grave felonies
are those to which the law attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with Art.

3. Overt Act
In criminal law, an overt act is the one that can be clearly proved by evidence and
from which criminal intent can be inferred, as opposed to a mere intention in the
mind to commit a crime.

4. Error in personae
Error in personae� or mistake in identity is injuring one person who is mistaken
for another. The intended victim is not at the scene of the crime. If the crime
committed is the same as the crime intended, but on a different victim, error in
persona does not affect the criminal liability of the offender

5. Mala in ?e
Mala in se, which is the plural of malum in se, are criminal acts that are wrong
because they violate the moral, public, or natural principles of a society. Today,
mala in se crimes are not traditionally punishable by death, but still face serious
sentences.

2. Discussions
1. What are the requisites of a felony?
What requisites must concur before a felony may be committed? There must be (1) an
act or omission; (2) punishable by the Revised Penal Code; and (3) the act is
performed or the omission incurred by means of dolo or culpa.

2. What are the elements of dolo?

deceit (dolo) � There is deceit when the act is performed with deliberate intent.
Requisites
Freedom
Intelligence.
Imprudence, negligence, lack of skill or foresight.
Lack of intent

3. How are the felonies classified according to manner or mode of execution?

Felonies are classified according to manner or mode of execution into felonies
committed by means of deceit (dolo) and by means of fault (culpa)

4. How are the felonies classified according to stage of execution?

Light felonies are punishable in all stages of execution. Light felonies are
punishable only when consummated. Light felonies are punishable only when
consummated, with the exception of those committed against persons or property.
Light felonies are punishable only when committed against persons or property.

5. How is criminal liability incurred?

A person incurs criminal liability either by committing a felony regardless of the
original intent of the actor or by committing an impossible crime. [3] The law
punishes both intentional and unintentional felonies.

4. Problems
Explain briefly the rule of reason for your answer.
1. A has been intending to kill his noisy neighbor. At any given time, has he
committed a
felony?
No, because A is still intending and has not yet even attempting to murder his
noisy neighbor

2. B maintains that he cannot be declared by the court as a co-conspirator since

the purported
conspiracy has not been established by the prosecution by direct evidence. Do you
agree?
No, he still can if he/she admit the crimes.

3. C shot and killed E thinking that the latter was D, his nemesis. C claims that
he should not be
held criminally liable as there was clearly a mistake in the identity of the
victim. Is C�s claim
correct?
No, he is still has a criminal case even because he killed a person even if he
claims to have done it intentionally or unintentionally.

CHAPTER III

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

I. Definitions
Define or give the meaning of the following:
1. Imbecile
a stupid person.

2. Absolutory cause
Are those where the act committed is a crime but for. reasons of public policy and
sentiment, there is no penalty imposed.

3. Entrapment
Is a practice in which a law enforcement agent or agent of the state induces a
person to commit a "crime" that the person would have otherwise been unlikely or
unwilling to commit.

4. Instigation
The action or process of instigating an action or event.

5. Recidivist
A convicted criminal who reoffends, especially repeatedly.
adjective

2. Discussions
1. What are the five circumstances affecting the criminal liability of an
individual?

1.When she/he acts in defense of his/her person or rights provided that -

a.
there is an unlawful aggression on the part of the offended or injury party.
b.
there is reasonable necessity for the means employed by the persondefending
himself/ herself to prevent such aggression.
c.
there is lack of sufficient provocation on the part of the persondefending himself.

2.When she/he acts in defense of the person or the rights of his/her

spouse,ascendants, descendants or legitimate or natural or adopted brothers or
sisters or relatives by affinity in the same degree, provided that the first
andsecond requisites prescribed in the next preceding circumstances are presentand
further requisite. In the case of provocation was given by the personattacked that
the one making defense had no part therein.

3.When she/he acts in defense of the person or rights of a stranger providedthat

the first and second requisites mentioned in the first circumstances andthat the
person defending is not induced by revenge, resentment or other evilmotives.

4.When any person who, in order to avoid an evil or injury, does an act whichcauses
damage to another provided that the evil sought to be avoidedactually exists, the
injury feared is greater than the done to avoid it and thereis no other practical
and less harmful means to prevent it.

5.When he/she acts in the fulfillment of a duty or in lawful exercise of a rightor

office.

2. What are the justifying circumstances under Art 11 of the RPC?

Those wherein the acts of the actor are in accordance with law, hence, he is
justified. There is no criminal and civil liability because there is no crime.
Reason for lawfulness of self-defense: because it would be impossible for the State
to protect all its citizens.

3. What are the requisites of self-defense?

Four elements are required for self-defense: (1) an unprovoked attack, (2) which
threatens imminent injury or death, and (3) an objectively reasonable degree of
force, used in response to (4) an objectively reasonable fear of injury or death.

4. Distinguish entrapment from instigation?

Instigation is the means by which the accused is lured into the commission of the
offense charged in order to prosecute him. On the other hand, entrapment is the
employment of such ways and means for the purpose of trapping or capturing a
lawbreaker. ... But entrapment cannot bar prosecution and conviction.

5. What are the aggravating circumstances under Art. 14 of the RPC?

Aggravating Circumstances: are those which, if attendant in the commission of the

crime, serve to increase the penalty without, however, exceeding the maximum of the
penalty provided by law for the offense.

3. Problems
Explain briefly the rule or reason for your answer.
1. A hacked B in the abdomen, which led to the latter�s instant death. Since the
attack was
frontal, A claims that it automatically follows that treachery (alevosia) cannot be
appreciated as an aggravating circumstance. Is A�s claim correct?

Yes

2. C and his friend D stole C�s mother�s jewelry and money bills in the amount of P
50,000.00.
C contends that he is not criminally liable for theft. Is the intention of C
correct?

Yes, because C only stole jewelry and money bills from his motther and they are
family related only.

3. Under the same set of facts, D (C�s friend) asserts that like C he is likewise
not criminally
liable for theft. Is D�s assertion correct?

No, because his only C's friend and he is not related to C's mother so therefore he
is a theft.

CHAPTER IV

PERSONS CRIMINALLY LIABLE FOR FELONIES

I. Definitions
Define or give the meaning of the following:
1. Principal

The person with the highest authority or most important position in an

organization, institution, or group

2. Accomplice
A person who helps another commit a crime

3. Accessory

Someone who gives assistance to the perpetrator of a crime, without directly

committing it, sometimes without being present.

4. Conspiracy

An agreement between two or more people to commit an illegal act, along with an
intent to achieve the agreement's goal. Most U.S. jurisdictions also require an
overt act toward furthering the agreement.
5. Corpus delicti

Is a term from Western jurisprudence referring to the principle that a crime must
be proved to have occurred before a person can be convicted of committing that
crime.

2. Discussions

1. Who are criminally liable for grave and less grave felonies?

principals, accomplices and accessories.

2. Who are criminally liable for light felonies?

principals and accomplices

3. Under Article 17 of the RPC, who are considered principals?

a. Those who take a direct part in the execution of the act;

b. Those who directly force or induce others to commit it;

c. Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished.

4. Distinguish an accomplice from a conspirator?

A conspirator agrees with others to commit a future crime, while an accomplice

assists, in some way, in the actual commission of a crime. Furthermore, unlike
accomplices to a crime, conspirators can be guilty even if their plan is not
completed.

5. As a general rule, can juridical persons be the active subject of crime?

Yes

3. Problems
Explain briefly the rule or reason for your answer.

1. In one case, A (the trial judge) ruled that the common-law wife who induced the
killing of
another common-law wife of her husband by giving money to the killer is a principal
by
direct participation. Do you agree?

YES

2. B (the municipal president) refuses to prosecute the crime of homicide and to

make an
investigation of the same-leading to the escape of the offender. Is B guilty as an
accessory?

YES

3. C (the company treasure) signed the check (which later bounced) in behalf of his
company
(the drawer of the check). Charged with violation of B.P. 22, C contends that he
cannot be
held criminally liable as he is not the drawer of the check. Do you agree?

YES

CHAPTER V
PENALTIES

I. Definitions
II.
Define or give the meaning of the following:
1. Penalty
a punishment imposed for breaking a law, rule, or contract.

2. Destierro
eans banishment or only a prohibition from residing within the radius of 25
kilometers from the actual residence of the accused for a specified length of time.
It is not imprisonment.

3. Threefold Rule
The Rule of Three is a religious tenet held by some Wiccans, Neo-Pagans and
occultists. It states that whatever energy a person puts out into the world, be it
positive or negative, will be returned to that person three times. Some subscribe
to a variant of this law in which return is not necessarily threefold.

4. Preventive Imprisonment
Preventive imprisonment is imposed upon a person before he/she is convicted, if he/
she cannot afford bail, or if his/her criminal case is non-bailab

5. Continuing Crime
It is the term used in criminal procedure to denote that a certain crime may be
prosecuted and tried not only before the court of the place where it was originally
committed or began, but also before the court of the place where the crime was
continued

2. Discussions
1. How are penalties classified under Art.25 of the RPC?
Light felonies are punishable only when they have been consummated, with the
exception of those committed against person or property. Grave felonies are those
to which the law attaches the capital punishment or penalties which in any of their
periods are afflictive, in accordance with article 25 of this Code.

2. Distinguish life imprisonment from reclusion perpetua.

According to the legal consultant, reclusion perpetua is a penalty for a crime
committed under the RPC, while life imprisonment is a sentence for a crime that
falls under a special penal law. After 30 years, the person sentenced to reclusion
perpetua becomes eligible for pardon.

3. What is the purpose of the Indeterminate Sentence Law?

The purpose of the law is to uplift and redeem valuable human material and prevent
unnecessary and excessive deprivation of personal liberty and economic usefulness.
4. What are two types of complex crimes?
TWO KINDS OF COMPLEX CRIMES 1. COMPOUND CRIME - When a single act constitutes two
or more grave or less grave felonies 2. COMPLEX CRIME PROPER - When an offense is a
necessary means for committing the other.

5. Distinguish preventive imprisonment from subsidiary imprisonment.

is imposed upon a person before he/she is convicted, if he/ she cannot afford bail,
or if his/her criminal case is non-bailable. The Revised Penal Code provides that
one must voluntary submit, in writing, to abide by the same disciplinary rules as
those imposed upon convicted prisoners. While ubsidiary imprisonment shall not
exceed six months, if the culprit shall have been prosecuted for a grave or less
grave felony, and shall not exceed fifteen days, if for a light felony.

3.Problems
Explain briefly the rule or reason for your answer.
1. A placed a time bomb in a plane, which caused it to explode in mid-air. As a
result, 10 of its
passengers were killed. A was later convicted by the trial court of two separate
crimes of
multiple murder and destruction of property. Was A�s conviction for the two
separate
crimes correct?
No, because Page 2 of 27. Section 7. Acts and crimes. When a single act produces
two or more crimes under this.

2. B was sentenced by the court to serve a maximum imprisonment of not more than
six years.
He then applied for probation. Later, he filed an appeal. Was the filing of appeal
correct?
Yes, because of P.D. No. 968 - Lawphil.

3. C was convicted of an election offense under the Election Code. Can he apply for
probation?
Yes, because violating the Election code or R.A 180 is sentenced 5 years and you
can apply for probation if your sentence does not exceed more than 6 years.

CHAPTER VI

EXTINCTION OF CRIMINAL LIABILITY

I.Definitions
Define or give the meaning of the following:
1. Amnesty
is defined as "A pardon extended by the government to a group or class of people,
usually for a political offense; the act of a sovereign power officially forgiving
certain classes of people who are subject to trial.

2. Pardon
is a government decision to allow a person to be relieved of some or all of the
legal consequences resulting from a criminal conviction. A pardon may be granted
before or after conviction for the crime, depending on the laws of the
jurisdiction.

3. Prescription of Crime
crimes punishable by death, reclusion perpetua or reclusion temporal shall
prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

4. Prescription of Penalties
Those punishable by a correctional penalty shall prescribe in ten years; with the
exception of those punishable by arresto mayor, which shall prescribe in five
years. The crime of libel or other similar offenses shall prescribe in one year.

5. Commutation
In law, a commutation is the substitution of a lesser penalty for that given after
a conviction for a crime. The penalty can be lessened in severity, in duration, or
both.

2. Discussions

1. What are the different modes by which criminal liability is totally

extinguished?
Criminal liability may be partially or totally extinguished. Total Extinction means
that the entire penalty is extinguished, and there is no more criminal liability.

2. What are the different modes by which criminal liability is partially

extinguished?
By the death of the convict, as to the personal penalties; and as to pecuniary
penalties, liability therefor is extinguished only when the death of the offender
occurs before final judgment.

3. Distinguish pardon from amnesty.

It is likewise clear that there is difference between pardon and amnesty.
Amnesty is generally addressed to a group or a community, while pardon is granted
to an individual or a limited number of individuals.
Pardon looks forward and relieves the offender from the consequences of an offense
of which he has been convicted. It abolishes or forgives the punishment, and for
that reason it does not work the restoration of the rights to hold public office,
or the right of suffrage unless such rights be expressly restored by the terms of
the pardon, and in no case exempts the culprit from the payment of the civil
indemnity imposed upon him by the sentence (Article 36, Revised Penal Code).

4. Distinguish the prescription of crime from prescription of penalty.

Prescription shall begin to run from the day of the commission of the violation of
the law, and if the same be not known at the time, from the discovery thereof and
the institution of judicial proceeding for its investigation and punishment.

5. What are the effects of the convict�s violation of his conditional pardon?
The penalty of prision correccional in its minimum period shall be imposed upon the
convict who, having been granted conditional pardon by the Chief Executive, shall
violate any of the conditions of such pardon. However, if the penalty remitted by
the granting of such pardon be higher than six years, the convict shall then suffer
the unexpired portion of his original sentence.

3.Problems
Explain briefly the rule or reason for your answer.
1. A, a convict, died after final judgment. What is the effect of his death on his
civil liability?
By the death of the convict, as to the personal penalties; and as to pecuniary
penalties, liability therefor is extinguished only when the death of the offender
occurs before final judgment.
2. B, a convict, died before final judgment. What is the effect of his death on his
criminal and
civil liabilities?
In my own opinion, "the death of the accused prior to final judgment terminates his
criminal liability and only the civil liability directly arising from and based
solely on the offense committed, i.e., civil liability ex delicto in senso
strictiore."

3. C raped D. just to escape prosecution and imprisonment, C persuaded the victim

into
marrying him and C succeeded. With his marriage with the victim, C claims that his
criminality liability for rape has already been extinguished. Do you agree?
yes, I agree in that situation it is because the victim have agreed to marry the
prosecutor.

Chapter VII
CIVIL LIABILITY

1. Definitions

1. Restitution
It is the law of gains-based recovery. It is to be contrasted with the law of
compensation, which is the law of loss-based recovery. When a court orders
restitution it orders the defendant to give up his/her gains to the claimant

2. Reparation
It is the making of amends for a wrong one has done, by paying money to or
otherwise helping those who have been wronged.

3. Identification
It is the action or process of identifying someone or something or the fact of
being identified.

2. Discussions
1. What are the two classes of injuries prodeuced by a felony?
Assault and Aggravated Assault

2. Under Art. 104 of the RPC, what does civil liability include?
Restitution, Reparation of the damaged caused, and Indemnication for consquential
damages.

3. What are the so-called �victimless crimes�? Give examples.

A victimless crime is an illegal act that typically either directly involves only
the perpetrator or occurs between consenting adults; because it is consensual in
nature, there is arguably no true victim, aggrieved party. Examples: bribery, drug
dealing/trafficking, adultery, running a red light and others

4. Under the RPC, who are subsidiarily liable for others?

According to G.R. No. 84516 - Lawphil the employer if subsidiarily liable for
his/her employees

5. Under the New Civil Code, what are the different modes by which civil liability
is
extinguished?
Criminal liability is extinguished partially: By conditional pardon; By commutation
of the sentence; and. For good conduct allowances which the culprit may earn while
he is undergoing preventive imprisonment or serving his sentence

3. Problems
Explain briefly the rule or reason for your answer.
1. Invoking the exempting circumstance of �Irresistible Force�. A claims that he is
automatically not civilly liable. Do you agree?
Yes, because even if the order is illegal, the subordinate may still invoke the
exempting circumstances of compulsion of irresistible force or acting under the
impulse of an uncontrollable fear of an equal or greater injury.

2. B has proved the justifying circumstance of �Self-Defense�. He asserts that he

is obviously
not civilly liable.
Yes, he is not civilly liable because self-defense only justifies the use of force
when it is used in response to an immediate threat. The threat can be verbal, as
long as it puts the intended victim in an immediate fear of physical harm.

3. C, a beneficiary of pardon, asserts that his civil liability arising from the
crime has been
simultaneously extinguished by said pardon. Do you agree?
Yes, he is fully G.R. No. L-5606 - Lawphil.