Criminal Law1 (2)

8/12/2019 Criminal Law1 (2)

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Criminal Law

Atty Ernesto Rapon

March 25, 2009


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Criminal law(Atty Ernesto Rapon)

Revised Penal Code Major penal law in RP

CARTS Coup de etat

Arson

Rebellion

Treason

Sedition Mere conspiracy in these is already punishable


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Penalties

Grave felony Filed w/in 36hrs

6yrs + 1 day up to 20 yrs Less grave

Filed w/in 18hrs

6mos + 1 day up to 6 yrs

Light felony Filed w/in 12hrs

10days to 6mos


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Exemption from liability1. Self-defense

Unlawful aggression Reasonable necessity of means used No part therein

2. Relative defense

Up to 4thcivil degree or first cousin Basis of computation:


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Lucid interval Time when the insane becomes sane

3. Insanity

4. Adult but mind is of 3yrs below5. Below 9 yrs old

6. Art 12, par 4: any person while performing a lawfulact w/ due care does an act w/c causes damage to

another by mere accident w/o fault or intention ofcausing it Criminally exempted but civilly liable

7. Art 12, par 5: any person who acts due to irresistibleforce (shotgun, physical force)

8. Any person who acts under impulse of uncontrollablefear

9. Beyond control to perform duties


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Mitigating Circumstances

Penalty is reduced (mitigate)1. Requisites not complete

2. Voluntary (admission of guilt befor evidence

presentation)3. Over 70yrs old

4. Willpower of offender is diminished

5. Immediate vindication

6. No intention to commit so grave a wrong7. Deaf, dumb, blind

8. Sufficient provocation of the offended party

9. Passion (analogous to jelousy)


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Aggravating circumstances

Penalty is increased (aggravate)1. Crime committed w/ intent2. Crime committed w/ aid of armed men3. In nocturnity/dark/night time4. In the dwelling of offended party

5. In obvious ungratefulness6. Recidivism7. In palace of chief executive8. Because of reward9. w/ ignominy (not normal way of doing it/adding insult to injury)10. w/ evident pre-meditation

11. Superior strength or weaken defense12. In treachery13. Unlawful entry14. Shipwreck, calamity, etc15. craft./fraud/disguise16. Augmented


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Alternative Circumstances

Can either be aggravating or mitigatingdepending on the situation

1. Relationship Against chastityalways aggravating

2. Degree of instruction/education

3. Degree of


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Liable

1. Principal Direct participation, induce others, indispensable cooperation Without w/c the act would not be possible

2. Accomplice

Not necessary that he acted Lent a gun

3. Accessories No participation in commission of crime but have knowledge Kinds:

1. Assist offender to profit from its effect

2. Concealing the evidence of crime to prevent discovery except w/members of family3. Assistance in escape of criminal by a public official

Art 20: Penalties to accessories If Family member as offender, not criminally liable to assist him


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Special Penal LawsAlways a consummated crime

Malice or criminal intent is not an element No mitigating or aggravating circumstances

Revised Penal Code

attempted., frustrated & consummated Malice & criminal intent are present


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Crimes VS National Security

Treason Committed by a Filipino citizen waging war VS the government of RP Conspiracy or mere proposal is already punishable Misprision of treasonconcealing of the treasonous plans VS the government

Espionage Taking & giving of documents relative to defense of the country by an authority

or public official

Piracy Attacking/taking/bombarding of a vessel Occupy vessel and take contents By pirates and not passengers of the vessel

For Special Laws, it can be committed by passengers of the vessel as long asw/in the Philippine archipelago

Qualified Piracy Higher penalty/constitute higher risk of life By firing/bombarding to take over Pirates abandoning victim w/o means of surviving/saving themselves Rape/kill passengers


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Crimes VS Fundamental laws ofState

1. Arbitrary detention2. Delay in delivery of detainee to proper persondelay

of time allotted for documents to be submitted

3. Delaying the lease4. Expulsion w/o valid ground5. Violation of domicile (by public officials)

Entering house & taking things, etc

Trespass to dwellingviolation by individuals6. Search warrant maliciously obtainedevil intent is

present

7. Searching domicile w/o witnesses


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Arbitrary Detention

Committed by a public officer/employee w/olegal ground by detaining a person

Legal detentionAttempt to commit Committing Committed & probable cause that committed the

crimeViolent insanityAilment/communicable disease (in nature)

Art 26: delaying release Art 27: expelling a Filipino from RP


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Against Public Order

1. Rebellion/Insurrection By private individuals

To overthrow govt by multitude of people

Rising publicly VS the govt to unseat the authority thru violentway & separating a part of the country from its allegiance tothe govt

2. Coup de etat By military/police/public officials w/ or w/o civilian

participation A swift attack accompanied by violence, threat, intimidationVS duly constituted authorities of RP, military officials,facilities, elsewhere w/in RP

By any person belonging to police/military

Purpose: to diminish or cease power


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3. Sedition Rising publicly & not or take up arms VS govt w/ following

purposes1. Prevent promulgation of the law/conduct of election

2. Prevent national/local govt from performing function3. Inflicting an act of revenge/hate upon the person or property ofthe public officers

4. Commit any act of revenge/hate VS individuals/social class

Justifiable Revolution Govt is tyrannical

Participants already employed peaceful means Participate in by major sectors of the society Ensure victory

Legitimacy of any govt Serving the peoples welfare

Illegal Associations Only founders, directors, presidents are charged & excludes

members


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Assault

Direct assaultAlways VS higher authority

Attacking/employing force/seriously hurtingan official/intimidating persons in authority(politicians, teachers) or his agent, resisting aperson in authority

PNP is only an agent of persons in authority Indirect assault

By using force/intimidation upon any personcoming to the aid of the person in authority


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Rape

RPC upholds traditional concept as supplemental only A crime VS a person Committed by a man who has carnal knowledge or sexual intercourse w/ a

woman VS her will under the ff: Force, intimidation, threat

Unconscious, deprived of reason Grave abuse of authority or fraudulent Woman under 12 yrs old Woman is insane or demented

No frustrated rape, only attempted & consummated Acts of Lasciviousness not necessarily involving sexual intercourse

RA 8353: Anti-rape law Rape is committed by any person by inserting penis into the mouth, anal orifice

of another person or by inserting any instrument/object unto vagina or analorifice of another

Man VS man/woman VS will Resistance must be throughout the act to consider it as rape


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Art 333: Adultery

Committed by any married woman who hassexual intercourse w/ a man not her husband &the man consenting knowing her to be marrieddefense: claim not knowing she is married

Concubinage Committed by any married man who had sexual

intercourse w/ woman under scandalouscircumstances (except: hotel)

Bringing home the woman to your marital home

Bringing home the woman together (co-habitation)

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Criminal Law1 (2)