Criminal Law Review
Criminal Law Review
Criminal Law Review
LAW
1:
FELONIES
AND
Q. Is there an exception?
A. Yes, when the specific provision of the law
provides punishment for mere attempt or for
mere frustration thereof.
3. Eclectic theory.
It is merely a mixture of the good aspect of both
holistic and positivist theory.
4. Utilitarian theory or protective theory.
PEOPLE VS MAGNUM
TERRORISM.
PIRACY:
3. Prospectivity.
SCOPE OF APPLICATION:
Q. What is the scope of the application of the
provision of the RPC?
A. The answer here is the entire Article 2.
Because article 2 itself is the scope of the
application of the provision of the law.
ARTICLE 3: FELONIES:
Art. 3. Definitions. Acts and omissions
punishable by law are felonies (delitos).
Felonies are committed not only be means of
deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with
deliberate intent and there is fault when the
wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
IMPOSSIBLE CRIME:
3. Praeter Intertionem
Example: A and B. A when he always meet B in
the presence of people. A will tell B, Ikaw B
yang mukha mo Nanay mo lang ang
makakagugusto! Hihihihi So because of that, B
lost his patient sabi nya I will teach A a lesson
So he approached A and B throw a fistic blow in
the face but because of the strong impact A loses
his balance and A fall in the cemented floor and
cause internal hemorrhage resulting to his death.
Q. Is B liable for homicide?
A. Under the principle of Praeter Intertionem, he
shall be liable of homicide but he shall be
entitled to a MITIGATING CIRCUMSTANCE
that is found under para. 3 of the Article 3 That
he did not intend to commit so grave a wrong
than what has been committed. He did not
intend to kill the victim what he wants is to
inflict physical harm to the victim.
But nonetheless, such fistic blow is the cause
that made A hit the cemented floor and died.
He who is the cause of the cause is the cause of
the evil caused.
A person incurred a criminal liability when he
commits a felony although the wrongful act
done be different from that which he intended.
When he throw a fistic blow hitting the victim
he already commits a felony and that is Physical
Injury. But the wrong done went beyond the
intent the victim died.
But that is only simple homicide, and applying
one mitigating circumstance that he does not
intend to commit so grave a wrong the penalty
INTOD:
PHYSICAL
ARTICLE
6:
CLASSIFICATION
OF
FELONIES ACCORDING TO THE STAGE
OF EXECUTION
CLASSIFICATION
ACCORDING TO
EXECUTION:
OF
THE
FELONIES
STAGE OF
1. Consummated Felony
2. Frustrated Felony
3. Attempted Felony
CONSUMMATED FELONY: When all the
elements necessary for its execution and
accomplishment are present.
Example: So when a person shoots a victim who
was hit on the abdomen and piercing the heart
and died as a consequence. That is already
consummated felony of homicide or murder.
FRUSTRATED FELONY:
But if the victim survives because of timely
medical intervention. The would that could have
resorted to his death were not because of the
[INTRODUCTION ARTICLE 7]AJF-NG 14
ILLUSTRATION:
Precy a very pretty model is married to a
handsome doctor. But the doctor was very
jealous type. Whenever they attend any social
gathering Precy is always the apple of the eye,
and the doctor became very jealous one night
and someone in that night ask the wife to dance
but they dance for two hours already and they
dont want to sit down. So the doctor became
very jealous he approached the two in the center
of the ballroom and pull the hands of the wife,
Halika ka na! Uwi na tayo masakit na ang ulo
ko! So along the way they were quarrelling
there were heated exchange of words until they
reach the house the scolding continues but the
wife was also responding, Bakit ba
napakaseloso mo?!
The Husband lost his patience, he draws his
pistol then shoots the wife, the bullet hit the
abdomen, the wife fell down, gasping for breath
indicative that he is already dying.
The doctor who is also a surgeon take the body
of the wife and become resourceful and brought
the wife inside his clinic, the operated on the
wife successfully extracting the bullet from her
abdomen then administer the medicine thereby
saving the wife. If the wife recovered after
recovery he know approach you as a lawyer,
Ano ba ang demanda pede sa asawa ko? Gusto
ko sya turuan ng leksyon, binaril nya ko.
Q. From those 3 stages of execution which from
these 3 stages shall be the crime to be charged
against the doctor?
Of course, it could not be consummated crime
because she did not die. Would it be parricide?
The wife was injured seriously and she could not
have died if not for the timely medical
intervention performed by the husband. Could it
be frustrated parricide?
INDEPENDENT
PERPETUATOR:
FROM
THE
a. Consummated
b. Attempted.
NO FRUSTRATION STAGE.
OR
is
A. Wala.
FORMAL CRIMES:
Formal crimes are crimes which are susceptible
of 3 stages or 2 stages of execution. Like for
instance, in crime of oral defamation, there is no
frustrated or attempted oral defamation. If the
offender opens his lips and then he stated to the
victim, Hoy ikaw numero uno kang
magnanakaw That is already consummated
already.
A. It
is
only
consummated.
punishable
when
EXCEPTION:
EXCEPT: When the crime is against personal
property. It means to say that light felonies are