2.

Criminal Law - 15 questions

1. Basic principles (e.g., territoriality, actus reus, mens rea)

Mala Inse vs Mala Prohibita

Mala inse Mala prohibita

Governing Law wrongful from their nature there is a law prohibiting it

Basis moral trait voluntariliness

Defense good faith

good faith is not a defense
lack of criminal intent is a
defense

Modifying Circumstance considered not considered

degree of participation
a ects the penalty does not a ect
-principal

-accomplice

-accessory

Stage of accomplishment a ects the penalty considered only when crime is

accomplished. No attempted or
frustrated

Moral turpitude involves does not involve

division of penalty divided into degrees and periods no such division

crime can be complexed yes generally- no

unless statute provides so

Criminal law- branch of public substantive law which defines crimes, treats of their
nature and provides for their punishment.

Generality- penal laws shall be obligatory upon all who live and sojourn in
the Philippines.

Except: -Treaty Stipulations and internal agreements

-Law of preferential application
-Principle of Public International Law

Territoriality- penal laws of the Philippines have force and effect only within
territory

French - crimes committed in s foreign vessel are not triable

ff
ff

ff

 in the courts of that country.

English- crimes committed in s foreign vessel are triable
in the courts of that country.
Except
-offense committed on Philippine Ship or Airship
-forgery or counterfeiting of any coin, currency,
obligation and securities issued by Philippine government
-acts connected with the introduction into the Philippines
the obligations and securities.
-Crimes against national securities and law of Nations
- Offense committed by public officers in the exercise of
their functions.

Prospectively- Congress is prohibited from passing an ex-post facto law

Mens Rea- guilty mind, a guilty or wrongful purpose

-criminal mind
-essential for criminal liability
Actus Reus- overt acts that constitutes a crime

2. Justifying, exempting. mitigating, aggravating, and alternate

circumstances

a. Justifying
-Self Defense
1. Unlawful aggression
actual physical or material attack or assault,
2. Reasonable means employed to repel the aggression
will depend upon the nature and quality of the weapon used
condition, character, size and other circumstances
3. Insufficient provocation on the part of the person defending
himself.
-defense of relative
3. Person defending the relative had no part in provoking the assailant.
-stranger

 3. Person defending the stranger be not induced by revenge,

resentment, or other evil motive.
-avoidance of greater evil or injury
1. Evil sought to be avoided actually exists
2. Injury feared be greater than that done to avoid it
3. No other practical and less harmful means of preventing it.
person who benefited will be civilly liable

- fulfillment of duty or lawful exercise of right or office

1. Injury cause by the officer should have been the necessary
consequence of such lawful exercise

-obedience to an order issued for some lawful purpose

1. Order is issued by superior
2. With lawful purpose
3. Means used to carry out the purpose is lawful.

b. Exempting
-insanity- complete deprivation of intelligence
-minority- complete deprivation of intelligence, freedom of action
15 below
15-18 who acted without discernment

Juvenile Justice and welfare act- intervention program.

-Accident without fault or intention to cause it

-irresistible force
-uncontrollable fear
-insuperable cause

c. Mitigating
-Ordinary 1 to 10

-Privileged 1 in relation to Sec 68- Minority, 69- incomplete

justification and sec 64- rules on application of penalties which contains three
periods.

d. Aggravating
Generic/ ordinary
Contempt or insult to public authority

 Recidivism
Nighttime, uninhabited place, band
Abuse of confidence or obvious ungratefulness
Crime committed in the palace of the Chief Executive or in his
presence or where public authorities are or place
dedicated to religious worship
Dwelling
Breaking parts of the house
Unlawful entry
Habituality
use of persons under 15
Craft, Fraud, or disguise

Specific
Disregard of rank, age or sex due to the offended party
applicable only to crimes against persons and honor
Abuse of superior strength or means be employed to weaken
the defense applicable only to crimes against persons
Treachery
Ignominy applicable only to crimes against chastity
cruelty applicable only to crimes against person

Qualifying - changes the nature of the crime

Inherent-must necessarily accompany the commission of the crime

thus not
appreciated as aggravating.

evident premeditation is inherent in robbery, theft, estafa,

adultery and
concubinage
Fraud in estafa
Breaking of a wall or unlawful entry in robbery with FUT
Abuse of public position in malversation of public funds and
property
Deceit in simple seduction

Special - increases penalty

cannot be offset by mitigating circumstance
examples:

 1. Complex crimes
2. Use of unlicensed firearm
when inherent to the crime
in the commission of brigandage
3. Taking advantage of public position
4. Membership in an organized/ syndicate crime group
5. Error in personae
6. Quasi-recidivism

e. Alternative-

f. Absolutory
1. Spontaneous desistance
2. Slight or less serious physical injuries inflicted under exceptional
circumstance Art 247
3. Attempted or frustrated light felonies
4. Instigation- law enforcer conceives the commission of crime.
5. Marriage of offended party and offender in -rape
-acts of lasciviousness
-abduction
6. Accessories exempt from criminal liability-
-spouse
-ascendants
-descendants
-legitimate, natural, and adopted brother and sister
*relatives by affinity
NOT EXEMPT if they profit themselves or assisting the offender to
profit by effects of the crime.

7. Offended party consented to the adultery and concubinage

8. Art 332 persons exempt from criminal liability but only civil
Theft
Swindling
Malicious mischief
by
1. Spouses, ascendants, descendants or relatives by affinity in the same;
2. Widowed spouse with respect to the property of the deceased spouse
before the property shall have passed into the possession of another;
3. Brothers and sisters and brothers-in-law and sister-in-law when

 LIVING TOGETHER;

9. Trespass -to dwelling when the purpose is to prevent some serious harm to
one’s self
occupants of the dwelling
third person
purpose is to render some service to humanity or justice
- entering cafes, taverns, inn, and other public houses
*while the same are open.

3. Application of the Indeterminate Sentence Law

-

4. Service of sentence

5. Effect of death of the accused

6. Crimes against persons
7. Crimes against property
8. Crimes against liberty
9. Crimes against public interest

10. Republic Act No. 9262 (Anti-Violence Against Women and Their
Children Act of 2004)
11. Republic Act No. 7610 (Special Protection of Children Against Abuse,
Exploitation, and Discrimination Act)
12. Republic Act No. 11313 (Safe Spaces Act)
13. Republic Act No. 10173 (Data Privacy Act of 2012)

personal information-
-information when put together with other information
would directly and certainly identify an individual.
-any information from which the identity of an individual
is apparent or can be reasonably and directly ascertained by the
entity holding the information.

-Personal data should be disposed or discarded in a secure manner that

would prevent further processing, unauthorized access or disclosure to any other
party or the public.

 Data Breach- personal data controller must be reported within 72

hours to the Commission upon knowledge or when there’s reasonable belief that
personal data breach requiring notification has occurred.