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Criminal Law 1 Reviewer
Criminal Law 1 Reviewer
Verga
Issue: W/N Sotto was guilty suffer six days of arresto menoronly, a penalty that may be served in
Decision: Yes. Penalties are used to deter people from doing the the house of the offender because of the condition of his health. The
same crime. A deterrent effect upon others is one of the municipality also could not feed him Nicasio for lack of appropriation,
purposes of the infliction of a penalty for the violation of the Revilla then believed that this act in permitting Nicasio to sleep in his
own house was not grave in nature, being at most a mere relaxation
criminal law (Exemplarity). of the rules prescribed for the care and custody of municipal
People vs. Carillo and Raquenio prisoners. Revilla was charged under Art 223 for his actions.
Issue:
W/N the charge against Revilla is proportionate to the act he
committed.
Facts: Carillo was sentenced with death penalty for the crimes of Decision: No. His action then was due to a mistaken conception of his
robbery, attempted rape and homicide. His accomplice was only duty, hence it is obvious that the penalty imposed against him is
charged for robbing Emma Abaya and Marcelino Lontok. notoriously excessive to the extent of being cruel for being out of
Issue: W/N the penalty for Carillo was justified. proportion with the crime committed. The penalty was not
Decision: The accused is a dangerous enemy of the society thus, proportionate to the evil to be curbed.
imposition of the highest penalty if justified. Carillo has proved himself Retribution, the penalty should be commensurate with the gravity of
to be a dangerous enemy of society. The latter must protect itself from the offense.
such enemy by taking his life in retribution for his offense and as an The penalty imposed upon the accused for infidelity in the custody of
example and warning to others. In these days of rampant criminality it a prisoner sentenced to only six days of arresto menor being
should have a salutary effect upon the criminally minded to know that excessive, such fact should be brought to the attention of His
the courts do not shirk their disagreeable duty to impose the death Excellency, the President of the Philippines for him to decide whether
penalty in cases where the law so requires. or not it would be convenient to recommend to the national assembly
People vs. Young the amendment of art 223 of RPC (conniving with or consenting to
Facts: Jimmy Young is a hired killer who committed a crime of murder evasion) so as to make it more in consonance with the amplitude of
under Art 248 of the RPC. He refused to plea guilty because according to the matters that a court must consider in meting out punishment to
him, his guilt is lighter than those who ordered the killing of Alfonso whoever may have the misfortune f infringing the precept regarding
Liongto. He was sentenced with death penalty in accordance with Art infidelity in the custody of prisoners or detained prisoners.
248 in relation to Art 64 of the RPC. However, RA 296, which was People vs. Galano
approved 17 June 1948, provides that for a penalty of death is imposed, Facts: Galano was accused of falsification of one peso bill, which he
all justices of the Supreme Court must first concur. Said law is used to purchase four eggs. He was found guilty and was sentenced
procedural thus can be applied to cases pending at the time of its to suffer intermediate penalty ranging from 10 years and 1 day to 12
approval. years and 10 months. The Solicitor General believes that the
Issue: W/N Young should be charged with the crime of murder. punishment is too harsh.
Decision: One of the justices dissented, thus death penalty was not Issue: W/N the penalty if too harsh
imposed. The killing in question was attended by evident premeditation Decisions: The punishment is too harsh and it may not actually serve
which qualified the crime as murder: (a) it was committed in the purpose of the legislator. Imprisonment may change an individual
consideration of a price reward or promise and (b) with treachery. This but it can also expose the person to hardened criminal. Thus,
case also provides the notion of aggravating circumstances (acts that punishments should be applied with care. A copy of the decision was
would provide for higher penalties – art 14) and mitigating sent to the president for the exercise of executive clemency.
circumstances (provides for lighter penalties – art 13). Death penalty IV. Two theories in Criminal Law
was imposed to rationalize the concept of Exemplarity: making a person A.
example to serve as a deterrent) Classical Theory
People vs. Revilla 1. Basis of criminal liability is human free will and purpose of penalty
Facts: The accused was charged for the crime of infidelity in the custody is retribution
of the prisoners. Nicasio Junio, the prisoner, was only sentenced to 2. “An eye for an eye, a tooth for a tooth.” – Oculo pro oculo, dente
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Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga
pro dente.]
3. Man is a moral creature with absolute free will to choose between
good and evil, thereby placing more stress upon the effect or result of
felonious act than upon the man.
4. Endeavored to establish a mechanical and dire
ct proportion
between crime and penalty
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