Tips from Atty.
Kit Villasis is kasarap, exc to the exc, pardon must be
In Merc, Do not forget Limited Liability Rule.
Crim, Arts.64 and 65, Rpc. (Special mentions
yan ni JLPB).
J. Sandoval PW Tips Recoletos
1. Art.2 territoriality- ph has jurisdiction of
cybercrime committed by a filipino citizen
anywhere.
2. Give examples of aberatio ictus, error in
personae, praeter intentionem
3. Impossible crime; alternative trick
question: what if the person performing the
unlawful act knows the inherent
impossibility, is he crim liable? No.
4. There is no frustrated rape and frustrated
theft; check people vs jacinto: theft of
check+dishonor of the check
5. Self defense of a home- may be invoked
when the offender is caught inside the home
of the victim. Victim may outrightly kill him.
6. Self defense- when unlawful aggression
ceases
7. No evident premeditation in case of error
in personae, but there can be treachery
8. Crimes committed by a minor- who has
the burden to prove the minority of the
offender? Who has the burden to prove that
minor actes with discernment
9. Marriage does not extinguish the crim of
multiple rape (maggie delariva case); but
simple rape only. Example of simple rape is
when there is only one principal by direct
participation, even though there may be a
principal by inducement, accomplice,
accessory, all the latter's liability are
extinguished by marriage of the p.d. To the
victim
10. Pardon will not affectthe criminal liability
of the accused unless the crime committed
given before the crim action is filed in court
11. Prescription of crime- when does it
commence, when is it interrupted
12. Is forcible abduction w/ rape public or a
private crime?
13. Ppl vs santiago- marriage must be
indertaken in good faith to extinguish the
crim of rape
14. Robbery w/ homicide; robbery w/ rape
15. Homicide w/rape rapew/ homicide.
J.malo had an extensive discussion on this
16. Hazing. A, B,C members of kappa pi
informed DeanD and former Prof P that they
will start an initiation. D P said to avoid
infliction to the neophyte. Former P allowed
the members to use his house. On the
occassion of the initiation X died. What are
the crim liability of abc? May be liable of
murder or violation of anti hazing law. Cant
be both bec will gove rise to dj
17. Can d and p be held liable? Yes if the
crime filed is violation of hazing law, if
murder no.
18. Statutory rape; violation of 7610
19. Violation of conditional pardon in
relation to art 247; BWS
20. Antero Makabayan case: effect of
amnesty as if there was no crime committed
21. Stages of execution (fristrated)+error in
personae
22. Indirect bribery; corruption of public
officer; pd46
23. Robbery; Estafa through falsification with
art 332 or absolutory causes
24. Murder by means of fire; arson
25. Distinguish rape from sexual assault
26. Distinguish 353,358,359 - distinguih oral
defamation, slander, libel