TUAZON, ALDREJE C.

JUDGE OSCAR B. PIMENTEL

CRIMINAL LAW 1

1. According to the book of Revised Penal Code there is (3) characteristics of Criminal Law;
- First, Generality, which means anyone who sojourns or live in Philippines within its area,
regardless of the nationality or religion, any person must be subjected in the Philippine
Criminal Law. The exception on generality are the following: (1) diplomats who are acting
on their duties are immuned in the Philippine Criminal Law (2) VFA or Visiting Force
Agreement like the US Armies
• Second, Territoriality, which means (1) any person who commit a crime within Philippine
Ship or Airship, (2) counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands, (3) should be
liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number; (4) while being public officers or employees,
should commit an offense in the exercise of their functions; and (5) should commit any of
the crimes against national security and the law of nations. As to the the exemptions of
territoriality are the following: any person who commit a crime within Philippine ship or
airship within the high seas of the Philippines, the jurisdiction will under the Philippines, any
person who counterfeit any coints or currency regardless on where country they are, the
person who commited the crime is still subjected to Philippine Criminal Law, should be
liable for acts connected with the introduction into these islands of the obligations and
securities,, they are subjected to Philippine Criminal Law and the jurisdiction will be on the
Philippines and should commit any of the crimes against national security and the law of
nations that causes rebellion or treason regardless on where country they are stated, they
are criminally liable under the Philippine Criminal Law.
• Third, Prosopectivity, this characteristic provides that our penal laws shall only operate
prospectively. Our penal laws, as a rule, cannot be given retroactive application. It shall
only be applied at the time of its effectivity and thereafter.

2. Penal laws enacted by Congress must be general in application. Otherwise, it will be

violative of the equal protection clause of the Constitution. Penal laws enacted by Congress
must not partake of the nature of ex-post facto law. Penal laws enacted by Congress must
not partake of the nature of bill of attainder. Penal laws enacted by Congress cannot
impose cruel or unusual punishment, or excessive fine.

3. No. The claim of Juan Masipag, Toto Doble and Cleto Diaz are not meritorious. Four of
them are criminally liable, according to Article 8 of the Revised Penal Code, Conspiracy and
Proposal to Commit Felony, under the Special Formal Crime, this will apply if they
committed a crime that is not included upon their agreement, because “the Act of one is
the act of all” and its out of their agreement to commit rape, their only motive is to rob on
the jewelry store, if two formal crimes combined it will result to Special Formal Crime where
they committed consummated Rape and Robbery. Therefore, four of them shall punished
under the Philippine Criminal Law of the latter act that they committed.

4. The three (3) stages of felonies are the following: Consummated Felonies, Frustrated
Felonies and Attempted Felonies, according to the Article 6 of the Revised Penal Code.
Consummated, frustrated, and attempted felonies. A felony is consummated when all the
elements necessary for its execution and accomplishment are present; and it is frustrated
when the offender performs all the acts of execution which would produce the felony as a
 consequence but which, nevertheless, do not produce it by reason of causes independent
of the will of the perpetrator. There is an attempt when the offender commences the
commission of a felony directly by overt acts, and does not perform all the acts of
execution which should produce the felony by reason of some cause or accident other than
this own spontaneous desistance.

5. No. The Claim of Donato Cabo is not tenable. Because there is no elements of Unlawful
Aggression in the part of Domingo According to the Article 11 of the Revised Penal Code,
Justifying Circumstances states that under the elements of Unlawful Aggression, (1) there
must be a physical or material attack or assault (2) The attack or assault must be actual or
atleast imminent and (3) the attack or assault must be unlawful. At the time of the act,
Domingo only took his jungle bolo from the back of his motorcycle and he did not perform
any unlawful aggression.
6. There is no such difference between “Committed by a Band” and “Committed with the aid
of armed men” because on the definition of by a band they are consist of more than three
at least four armed malefactors should have acted together in the commission of the crime.
They have the same motive in terms of executing a crime or offense.

7. On the facts provided, Gene Uno is the Principal or she is the mastermind on the
assassination of Carlos Uno, Jhonny Walker is the Accessory because Gene use a different
person to order the killing of her husband, while Naty is Accomplice, because she have all
the knowledge regarding the agreement of Gene and Jhonny Walker regarding the
assassination of Gene’s husband.
8. Joe Cas and Fidel Terre claims that there is no conspiracy is correct. Because according to
the Article 8 of Revised Penal Code, Conspiracy and proposal to commit felony, Joe Cas and
Fidel Terre Implied or inferred conspiracy The conspirators acted simultaneously in a
synchronized and coordinated manner towards a common criminal objective/design
however the conspirators did not meet nor plan and they don’t have any solid agreement,
there was no preconceived plan, the said conspiracy happened impliedly, at the spur of the
moment, based on the elements provided on this code. Therefore, the contention of the
two were correct.

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11. Irresistible Force is forcing by different person to commit a crime while the Uncontrollable
fear there’s no other means of less harmful way to avoid the evil intent.
- Example of Irresistible Force is “A and B is planning to kill C, they see D walking around the
street, A threaten D that if he will not obey their order, they will going to kill the family of
D, because of the threat, D was force to follow A and B on their motive to kill c”
- Example of Untrollable Fear “A and B has a heated argument with C, one night A and B
went to the house of C to assassinate C, upon going to the house of C, they see D on the
sala waching television A and B threaten D with bolo on chest of D, A and B told that they
will only let go of D if he will going to stab C on the Neck due to uncontrollable fear with
threat on the life of D he stab C that resulted to death.

12. Yes. He is criminally liable, the act committed by Albert Tan is Consumated Murder, on the
Article 4, Paragraph 2, states that By any person performing an act which would be an
offense against persons or property, were it not for the inherent impossibility of its
accomplishment or an account of the employment of inadequate or ineffectual means.
Albert Tan has evil intent to kill Wilson Koh and he succeed to perform all the acts of
execution.
13. Yes. Samson Duerte is correct because contempt insult is not a crime. Samson will be
charge of 2 counts of murder but no Aggravating Circumstance involve, as provided in the
Paragraph 4 of Article 14, Aggravating Circumstances, states that no matter how many
aggravating circumstances attended the commission of the crime, the court cannot impose
a penalty beyond the maximum penalty prescribed by law. Therefore he is not liable for
any crime under Aggravating Circumstances.

14. Yes. There is difference in justifying circumstances of defense of relatives and defense of
strangers. The only difference is the third element of the Defense of Relatives and
Strangers which is not present in the element of Defense of Relatives as stated on the third
element of Defense of Stranger which says The person defending is not induced by
revenge, resentment, or other evil motive.
15. The persons exempted on criminal liability as provided in Article 20 of the Revised Penal
Code is those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the
same degrees. If the following are acting in good faith therefore they can’t be liable to any
of the crime as long as they could provide a right amount of evidence that can prove the
existency of the code.

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18. Yes, Because reclusion perpetua is a form of penalty that requires a person to commit
grave offense that results to such form of harm and damage against person like, death of
an individual. I believe that committing grave offense is already a big requisites to further
punish the person who committed. However there is an exemption if there is a senior
citizen who commited a crime, because for any person committing a heinous crime
punished by death, it shall be lowered to reclusion perpetua provided that the senior citizen
is 70 years old above to be exempt.