Criminal Law Reviewer Book IAtty. EstradaYou should know the nature of the defense of your witness. Atty. EstradaIf you want to learn, presume you know nothing.Dangerous Tendency ule ! All elements of a crime should "e present. #ne element might "e presented in the $uestion to mislead you to picking the wrong answer.%attle rustling ! taking a large animal against the will of the owner, or killing the same against the will of the owner.%riminal law&'elony ! an act or omission committed either negligently or intentionally punished under (%.%rime ! an act )iolati)e of a penal law, "e it (%, special law or ordinance.#*ense ! an act penali+ed "y any law e,cept "y (%.'elonies under (% oftentimes are "eing called crimes. E)en Art. - (aragraph . mentions impossi"le crimes.The terms felony and crimes can "e used interchangea"ly.Theories of %riminal /aw0. Classical Theory ! man is rational "eing "y nature, he knows how to distinguish "etween right and wrong, and knows the conse$uence of wrong is retri"ution... Positivist Theory ! man "y nature is "asically good, a )ictim of circumstances and of natural social phenomenon that compels him to do wrong and commit a crime. (% is "ased on this theory.1. Eclectic Theory ! a com"ination of classical and positi)ist theory. -. Utilitarian Theory ! the main o"2ect of punishment3penalty is to punish a criminal or would&"e criminal. %riminal law should not "e construed literally if such would result to opportunism.%haracteristics of %riminal /aw0. 4enerality.. Territoriality1. (rospecti)ity%hai is a (anamian Am"assador to (. 5e met a lady and they dated. They were seen on %%T6 going to the condominium of the diplomat. They were seen kissing in the ele)ator. 5e was later seen going out in a 2o)ial mood. The lady claimed later onhe was raped "y the (anamanian diplomat. %an the diplomat "e charged criminally78o, he is not criminally lia"le. %hai is a diplomat. 9nder A :;, diplomats en2oy diplomatic immunity and thus are e,empt from criminal or ci)il lia"ility, and thus %hai cannot "e charged criminally. egarding generality, there are persons who are e,empt from criminal lia"ility, as follows< 5eads of state, am"assador, minister or resident , minister plenipotentiary, charge= de a*airesAre members of the ocial retin!e of the ambassador en2oying diplomatic immunity as en2oyed "y the am"assador7>em"ers of the household or mem"ers of the o?cial retinue of a foreign am"assador may be e"em#t from criminal lia"ility. They also en2oy diplomatic immunity$ #rovided two conditions are #resent @% conditions sine &!a non'( 0. 5is name is furnished to the D'AA and .. (ro)ided further, that the country of said foreign am"assador pro)ides reciprocal immunity to the mem"ers of the household or o?cial retinue of the (hilippine am"assador.Re#!blic Act )* ! the law which pro)ides that mem"ers of o?cial household or retinue of foreign am"assadors en2oy diplomatic immunity pro)ided that two conditions are present @% conditions sine &!a non'( 0. 5is name is furnished to the D'AA and .. (ro)ided further, that the country of said foreign am"assador pro)ides reciprocal immunity to the mem"ers of the household or o?cial retinue of the (hilippine am"assador.Diplomats of a foreign country en2oy diplomatic immunity. Diplomats of a foreign country are e,empt from application of (%. They en2oys such immunity based on the +ienna Convention.B and Y were in the moon. Chile in the moon, B killed Y. Chat crime did B commit7B committed homicide. @5omicide& plain and simple killing.D 8o other $ualifying and aggra)ating circumstance "eing mentioned, it is homicide. The moment killing is accompanied "y any $ualifying aggra)ating circumstances under Art. .EE, killing "ecomes murder.Is B criminally lia"le7 B is not lia"le. The killing "y B of Y happened on the moon. The moon is outside ( territory. %riminal law is territorial in character.A crime can be #!nished only if act is within the territorial limits of a co!ntry.Fohnny and Gusan, 'ilipino %iti+ens are hus"and and wife. Fohnny went to work in Fapan where he met Hatrina. >arco had introduced him to Hatrina.Fohnny fell in lo)e with her and proposed. They got married in Fapan. Chat crime, if any, did Fohnny do7Fohnny committed "igamy. 5e contracted a second marriage while his marriage su"sists. 9nder the law, "igamy is committed when a second marriage was had while a pre)ious marriage was still )alid and e,isting.Is Fohnny criminally lia"le7 8o, Fohnny is not criminally lia"le. The marriage was conducted in Fapan, which is outside of ( territory. %riminal law is territorial in character.,ow to #resent yo!r answers e-ectively and concisely(0. Answer the $uestion in a declarati)e sentence. E,. Fohnny committed "igamy. .. /ay the (redicate.E,. 5e contracted a second marriage while his marriage su"sists.1. 4i)e the legal "asis.E,. 9nder the law, "igamy is committed when a second marriage was had while a pre)ious marriage was still )alid and e,isting.4eneral ulearch 1, 0NN1 in %riminal %ase 8o. 0MMNL of the Gandigan"ayan @'irst Di)isionD is A''I>ED and its esolution dated >arch 00, 0NN1in %riminal %ase 8o. 0MMNL is >#DI'IED in the sense that the #?ce of the Gpecial (rosecutor of the #?ce of the #m"udsman is directed to consolidate the 1. Amended Informations @%riminal %ases 8os. 0L1:0 to 0L-E.D into one information charging only one o*ense under the original case num"er, i.e., 8o. 0MMNL. The temporary restraining order issued "y this %ourt on >arch .;, 0NN1 is /I'TED insofaras to the dis$ualiJcation of (residing Fustice 'rancis 4architorena is concerned.Geparate /arceny Doctrine ! not applica"le now.Indeterminate 5entence Law3is&!ali7ed to avail of the I5L(Gentenced to 0. capital punishment.. /ife imprisonmentThose guilty of