Sample Crimlaw Reviewer

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Sample reviewer for Criminal Law
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  C R I M L A W ARTICLE 1.   Time When Act Takes Effect.  — This Code shall take effect on the first day of January, 1932. ARTICLE 2.    Application of Its Provisions.  — Except as provided in the treaties and las of preferential application, theprovisions of this Code shall !e enforced not only ithin the hilippine #rchipela$o, includin$ its at%osphere, its interior aters and %ariti%e &one, !ut also outside of its 'urisdiction, a$ainst those ho(1. )hould co%%it an offense hile on a hilippine ship or airship*2. )hould for$e or counterfeit any coin or currency note of the hilippine +slands or o!li$ations and securities issued !y the overn%ent of the hilippine +slands*3. )hould !e lia!le for acts connected ith the introduction intothese islands of the o!li$ations and securities %entioned in theprecedin$ nu%!er*-. hile !ein$ pu!lic officers or e%ployees, should co%%it an offense in the exercise of their functions* or /. )hould co%%it any of the cri%es a$ainst national security and the la of nations, defined in Title 0ne of ook To of this Code.  The hilippine overn%ent should !e called overn%ent of the epu!lic of the hilippines and the country should !e referred to as the epu!lic of the hilippines  To scopes of application of the  C(1.intraterritorial( 1 st  par of art22.extraterritorial( enu%erated in the 2 nd  par   0utside of these / cases, hil courts cannot take 'urisdiction over a cri%e co%%itted outside of the country.   # 4ilipino artist ho sin$s hil national anthe% in 5)# durin$the fi$hts of 4ilipino !oxers in contravention of the said provision cannot !e prosecuted !efore hil courts !ec such offense is not a%on$ the exceptions of #rt2    ARTICLE 3 . Definition.  — #cts and o%issions punisha!le !y la are felonies 6delitos7.4elonies are co%%itted not only !y %eans of deceit 6dolo7 !ut also !y %eans of fault 6culpa7.There is deceit hen the act is perfor%ed ith deli!erate intent* and there is fault hen the ron$ful act results fro% i%prudence, ne$li$ence, lack of foresi$ht, or lack of skill.  4elonies 6delitos7 are acts or o%issions punisha!le under the C. +t classified on the !asis of ho they are co%%itted either as dolo 6deceit7 or culpa 6fault7.  Cri%es involvin$ special las are called offenses* violations of ordinances are infractions.  +t is necessary that there is voluntariness hich is presu%ed fro% ele%ents of freedo% of action and intelli$ence.  Ele%ents of intentional and of culpa!le felonies(800C5 #1, 4reedo% of action*1. 4reedo% of action*2. +ntelli$ence* and2. +ntelli$ence* and3. +ntent.3. :e$li$ence, i%prudence,lack of skill.   “Actus non facit reum, nisi mens sit rea ” – cri%e is not co%%itted if the %ind of the person perfor%in$ the act co%plained of is innocent. +ntent  refers to the use of a particular %eans to !rin$ a!outthe desired result   ;ay a cri%e !e co%%itted <o cri%inal intent= >E), in to instances( 1. Mala in se  ? acts ron$ in the%selves 2. Mala prohibita  ? acts hich ould not !e ron$ !ut for the fact that positive la for!ids the%   ;otive ? %ovin$ poer or force hich i%pels a person to co%%it acts toard a desired result   ;otive !eco%es %aterial hen( a) the act !rin$s a!out variant cri%es* b) there is dou!t hether the accused co%%itted the cri%e, or the identity of the accused is dou!tful* c) the evidence on the co%%ission of the cri%e is purely circu%stantial* or  d) the evidence of $uilt of the accused is inconclusive.   :o %atter ho evil the internal thou$ht is, as lon$ as there are no overt acts, no cri%e is co%%itted.   ;istake of fact ? that %istake hich had the facts !een true to !elief of the offender, can 'ustify his act   Effect of five factors on intent and cri%inal lia!ility of the offenders( FACTOREffect of IntentEffect onCriminal Liability 1. ;istake of factne$ative cri%inal intent:e$ative cri%inal lia!ility2. #!erratio +ctus 6%istake in the victi% of the !lo7+ntended result falls on another person or %ay !e in addition to the in'ury on the +ncreases cri%inallia!ility hich $enerally result toco%plex cri%e  intended victi%3. Error in ersonae 6%istake in the identity7+ntended result falls on another due to error in theidentity of the victi%Extenuatin$ of thecri%e is $reater than intended-. raeter +ntentione% 6so $rave ron$ caused than that intended7 #ctual cri%e is $reater than intended;iti$atin$ under  #rt13/. roxi%ate cause 6the cause of the cause is the cause of the evil caused7esults in cri%e althou$h not intendedesults in cri%inal lia!ility tothe actor hether actin$ ith intent or ne$li$ence ARTICLE .   riminal !iabilit .  — Cri%inal lia!ility shall !e incurred(1. y any person co%%ittin$ a felony 6delito7 althou$h the ron$ful act done !e different fro% that hich he intended.2. y any person perfor%in$ an act hich ould !e an offense a$ainst persons or property, ere it not for the inherent i%possi!ility of its acco%plish%ent or on account of the e%ploy%ent of inade@uate or ineffectual %eans.  +%possi!le cri%e ? the acts perfor%ed ould have !een a cri%e a$ainst persons or property !ut hich is not acco%plished !ec of its inherent i%possi!ility or of the e%ploy%ent of inade@uate or ineffectual %eans  To kinds of inherent i%possi!ility(1.e$al i%possi!ility ? here the intended acts, even if co%pleted ould a%ount to a cri%e. EA. killin$ a dead person or stealin$ property hich turned out to !elon$ to the stealer  2.4actual or physical i%possi!ility ? hen extraneous circu%stances unknon to the actor or !eyond his control prevent the consu%%ation of the intended cri%e. EA. stealin$ fro% a vault hich turned out to !e e%pty isnBt ironic=     +%possi!le cri%e is :0T a cri%e. The la states that the act ould !e cri%eD hence, it has not ripened to an actual cri%e!ec of the ineffectual %eans e%ployed or due to its inherent i%possi!ility.  There is an i%possi!le cri%e of rape !ec rape is no cri%e a$ainst person. ence, if a person ould rape one ho unknon to hi% has 'ust died, he co%%its the i%possi!le cri%e of rape. ARTICLE !.   Dut of the court in connection #ith acts #hich should be repressed but #hich are not covered b the la#, and in cases of e$cessive penalties . — henever a court has knoled$e of any act hich it %ay dee% proper to repress andhich is not punisha!le !y la, it shall render the proper decision, and shall report to the Chief Executive, throu$h the 8epart%ent of Justice, the reasons hich induce the court to !elieve that said act should !e %ade the su!'ect of penal le$islation.+n the sa%e ay the court shall su!%it to the Chief Executive, throu$h the 8epart%ent of Justice, such state%ent as %ay !e dee%ed proper, ithout suspendin$ the execution of the sentence, hen a strict enforce%ent of the provisions of this Code ould result in the i%position of a clearly excessive penalty, takin$ into consideration the de$ree of %alice and the in'ury caused !y the offense. ARTICLE .   onsummated, frustrated, and attempted felonies. — Consu%%ated felonies, as ell as those hich arefrustrated and atte%pted, are punisha!le. # felony is consu%%ated hen all the ele%ents necessary for its execution and acco%plish%ent are present* and it is frustrated hen the offender perfor%s all the acts of execution hich ould produce the felony as a conse@uence !ut hich, nevertheless, do not produce it !y reason of causes independent of the ill of the perpetrator.There is an atte%pt hen the offender co%%ences the co%%ission of a felony directly !y overt acts, and does not perfor% all the acts of execution hich should produce the felony !y reason of so%e cause or accident other than his onspontaneous desistance.  4elony is consu%%ated hen all the acts necessary for its acco%plish%ent and execution are present.  4or%al cri%es are alays consu%%ated !ec the offender cannot perfor% all the acts necessary to execute the offenses ithout consu%%atin$ it. hysical in'uries and slander are for%al cri%es.  Cri%es that cannot !e co%%itted in frustrated sta$e(1.ape2.#rson3.Corruption of pu!lic officers-.#dultery/.Theft and ro!!ery  0vert acts ? external acts hich if continued ill lo$ically result in felony. +t is the start of cri%inal lia!ility  reparatory acts ? acts hich still re@uire another act so thata felony ill result. EA. !uyin$ poison  8esistance ? act of discontinuin$ the execution of the felony hich ill ne$ative cri%inal lia!ility of the offender hen done durin$ the atte%pted sta$e. #TTE; TE8 4E0:+E)45)T#TE8 4E0:+E):ot all acts of execution had!een done #ll acts of execution had !een perfor%ed4elony as not produced !yThe reason for frustration is  reason of cause or accident other than the offenderBs on desistanceso%e cause independent of the ill of the perpetrator The offender is still in the su!'ective phase as he still control of his actse is already in the o!'ective phase !ec all the acts of execution are already there and the cause of its non acco%plish%ent is other than the offenderBs on ill.+n atte%pted ho%icide, the ound is not %ortal, hence, the offender should still need to deal another !lo on the victi% hich he as not a!le to do !ecause of so%e cause or accident like his !ein$ apprehended.The ound is %ortal, already sufficient to !rin$ a!out death* hence, there is no %ore need of another !lo fro% the offender. ut death nevertheless did not supervene !ec of ti%ely %edical attendance.45)T#TE8 4E0:+E)C0:)5;;#TE8 4E0:+E) #ll acts of execution had !een done and therefore, !oth are in the o!'ective phaseThe desire as not acco%plishedThe purpose as acco%plished4rustrated is su!su%ed in consu%%ated ARTICLE #.   When li%ht felonies are punishable.  — i$ht felonies are punisha!le only hen they have !een consu%%ated, ith the exception of those co%%itted a$ainst person or property.  i$ht felonies 6#rticle 9 7  ho are punisha!le in li$ht felonies= 0nly the principals andthe acco%plices are lia!le. #ccessories are not punisha!le !ec 4 is penali&ed ith arresto menor  . ARTICLE $.   onspirac and proposal to commit felon .  — Conspiracy and proposal to co%%it felony are punisha!le only in the cases in hich the la specially provides a penalty therefor. # conspiracy exists hen to or %ore persons co%e to an a$ree%ent concernin$ the co%%ission of a felony and decide to co%%it it.There is proposal hen the person ho has decided to co%%ita felony proposes its execution to so%e other person or persons.  To concepts of conspiracy(1.Conspiracy as cri%e !y itself 2.Conspiracy as a %eans of co%%ittin$ a cri%ea7y prea$ree%ent or plannin$!7+%plied fro% the concerted acts of the offenders or i%plied conspiracy  Finds of conspiracy as a %eans of co%%ittin$ a cri%e(1.Conspiracy !y a prior a$ree%ent on ho to co%%it the cri%e2.+%plied conspiracy, or conspiracy that is deducted fro% the acts of offenders.  hen conspiracy involves a pre conceived plan, hat is re@uired of a coconspirator to incur lia!ility=The overt act %ay consist of(a7#ctive participation in the actual co%%ission of the cri%e itself* or !7;oral assistance to his coconspirators !y !ein$ presentat the co%%ission of the cri%e* or c7Exertin$ %oral ascendancy over the other conspirators.  +t is :0T necessary for the coconspirators to perfor% e@ually each and every part of the acts constitutin$ the offense, as lon$ as the parts played !y each contri!ute to the reali&ation of the co%%on desi$n, they are EG5#> lia!le.   The act of one is the act of all  D ? hen conspiracy is esta!lished, all ho participated therein, irrespective of the @uantity and @uality of his participation is lia!le e@ually, hether the conspiracy is preplanned or instantaneous. ARTICLE %.   &rave felonies, less %rave felonies and li%ht felonies . — rave felonies are those to hich the la attaches the capital punish%ent or penalties hich in any of their periods are afflictive, in accordance ith article 2/ of this Code.ess $rave felonies are those hich the la punishes ith penalties hich in their %axi%u% period are correctional, in accordance ith the a!ove%entioned article.i$ht felonies are those infractions of la for the co%%ission of hich the penalty of arresto %enor or a fine not exceedin$ 2HH pesos or !oth, is provided.  The si$nificance of classifyin$ felonies into $rave, less $rave, or li$ht is to deter%ine(a7hether a co%plex cri%e as co%%itted*!7The duration of the su!sidiary penalty to !e i%posed here the su!sidiary penalty is !ased on the severity of the penalty* c7The duration of the detention in case of failure to post the !ond to keep the peace*d7hether the cri%e has prescri!ed*e7hether or not there is delay in the delivery of detained persons to the 'udicial authority* andf7The proper penalty for @uasioffenses. ARTICLE 1&.   'ffenses not sub(ect to the provisions of this code. — 0ffenses hich are or in the future %ay !e punisha!leunder special las are not su!'ect to the provisions of this Code. This Code shall !e supple%entary to such las, unless the latter should specially provide the contrary.  )pecial las ? las that define and penali&e cri%es not included in the  C* they are of a nature different fro% thosedefined and punished in the Code  8ifferent %odifyin$ circu%stances(1.Justifyin$ circu%stances 6#rticle 117*2.Exe%ptin$ circu%stance 6#rticle 127*3.;iti$atin$ circu%stance 6#rticle 137*-.#$$ravatin$ circu%stance 6#rticle 1-* and  /.#lternative circu%stances, either %iti$atin$ or a$$ravatin$ 6article 1/7.  Entrap%ent ? e%ploy%ent of such ays and %eans for the purpose of trappin$ or capturin$ a la!reaker   uy!ust operation ? for% of entrap%ent hich has !een accepted as a valid %eans of arrestin$ violators of the dru$s laE:T# ;E:T+:)T+#T+0:1. The mens rea  ori$inated fro% the accused ho as %erely trapped !y the peaceofficer in fla%rante delicto 1. Evil idea ori$inated fro% the peace officer ho induced the accused to co%%it the act2. This is not a!solutory as to the offender since he authored the evil idea2. #!solutory !y reason of pu!lic policy3. Consistent ith pu!lic policy3. Contrary to pu!lic policy-. Trap for the unary cri%inal-. Trap for unary innocentThe peace officer has no cri%inal lia!ility for his acts are in accordance ith la/. The peace officer is a principal !y induce%entThe cri%e has already !een co%%ittedI. The cri%e ould not and could not have !een co%%itted ere it not for theinsti$ation ARTICLE 11.   )ustif in% ircumstances . — The folloin$ do not incur any cri%inal lia!ility(1. #nyone ho acts in defense of his person or ri$hts, providedthat the folloin$ circu%stances concur( *irst  . 5nlaful a$$ression* +econd.  easona!le necessity of the %eans e%ployed to prevent or repel it* Third.  ack of sufficient provocation on the part of the person defendin$ hi%self.2. #nyone ho acts in defense of the person or ri$hts of his spouse, ascendants, descendants, or le$iti%ate, natural or adopted !rothers or sisters, or of his relatives !y affinity in the sa%e de$rees, and those !y consan$uinity ithin the fourth civil de$ree, provided that the first and second re@uisites prescri!ed in the next precedin$ circu%stance are present, andthe further re@uisite, in case the provocation as $iven !y the person attacked, that the one %akin$ defense had no part therein.3. #nyone ho acts in defense of the person or ri$hts of a stran$er, provided that the first and second re@uisites %entioned in the first circu%stance of this article are present and that the person defendin$ !e not induced !y reven$e, resent%ent, or other evil %otive.-. #ny person ho, in order to avoid an evil or in'ury, does an act hich causes da%a$e to another, provided that the folloin$ re@uisites are present( *irst.  That the evil sou$ht to !e avoided actually exists* +econd.  That the in'ury feared !e $reater than that done to avoid it* Third.  That there !e no other practical and less har%ful %eans of preventin$ it./. #ny person ho acts in the fulfill%ent of a duty or in the laful exercise of a ri$ht or office.I. #ny person ho acts in o!edience to an order issued !y a superior for so%e laful purpose.  The folloin$ are 'ustifyin$ circu%stances(a78efense of self, of relatives and of stran$ers*!7)tate of necessity*c74ulfill%ent of duty* andd70!edience of superior order.  e@uisites of selfdefense(1.5nlaful a$$ression*2.easona!le necessity of the %eans e%ployed to prevent or repel it* and3.ack of sufficient provocation on the part of the person defendin$ hi%self.  5nlaful a$$ression ? to constitute this, it is necessary that an attack or %aterial a$$ression, an offensive act positively deter%inin$ the intent of a$$ressor to cause in'ury, shall have !een %ade  +t %ust !e the C05T should deter%ine the existence of  'ustifyin$ circu%stances not the police officers.  Ele%ents of defense of relatives(a75nlaful a$$ression*!7easona!le necessity of the %eans e%ployed to prevent or repel it* andc7+n case the provocation as $iven !y the person attacked,the person defendin$ had no part therein.   Ele%ents of defense of stran$ers(a75nlaful a$$ression*!7easona!le necessity of the %eans e%ployed to prevent or repel it* andc7The person defendin$ is not included !y reven$e, resent%ent or other evil %otives.  attered o%an )yndro%e is characteri&ed !y cycle of violenceD hich has three phases(a7The tension!uildin$ phase*!7The acute !atterin$ incident* andc7Tran@uil, lovin$ phase.  Ele%ents of state of necessity(a7The evil sou$ht to !e avoided actually exists*!7The in'ury feared !e $reater than that done to avoid it* andc7There is no other practical and less har%ful %eans of preventin$ it.  Ele%ents of fulfillin$ of duty or exercise of ri$ht or office(a7The offender acted in the perfor%ance of a duty or the laful exercise of a ri$ht or office* and!7The in'ury caused or the offense co%%itted is the necessary conse@uence of the due perfor%ance of such ri$ht or office.
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