Criminal Law Articles 1-5: Criminal Law 1 Notes The Revised Penal Code: Luis Reyes
Criminal Law Articles 1-5: Criminal Law 1 Notes The Revised Penal Code: Luis Reyes
Criminal Law Articles 1-5: Criminal Law 1 Notes The Revised Penal Code: Luis Reyes
Alexandra V. Khadka
Alexandra V. Khadka
Alexandra V. Khadka
Alexandra V. Khadka
Alexandra V. Khadka
Important words and phrases 1) Except as provided in the treaties and laws of preferential application a. That while general rule is that provisions of the RPC shall be enforce against any person who violates any of its provisions while living or sojourning in the Philippines, the exceptions to that rule may be provided by the treaties and laws of preferential application. 2) Its atmosphere a. Extended to all the air space which covers its territory b. Subject to the right of way or easement in favor of foreign aircraft 3) Interior waters a. Includes creeks, rivers, lakes, bays, gulfs, straights, coves, inlets, and roadsteads i. Within the three-mile limit 4) Maritime Zone a. The states by means of treaties have fixed length to three miles from the coastline, starting from the low water mark b. It includes bays, gulfs, adjacent parts of the sea or recesses in the coastline whose width at their entrance is not more than twelve miles measure in a straight line from headland to headland and all straits less than six miles wide Foreign vessels 1) Extension of our territory 2) Also considered the extension of the territory of other state An offense committed in high seas on board a foreign merchant vessel is not triable in our courts Rules as to jurisdiction over crimes committed aboard foreign merchant vessels 1) French Rule such crimes are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered. French courts therefore claim exclusive jurisdiction over crimes committed on board French merchant vessels in foreign ports by one member of the crew against another. a. (US vs. Bull) 2) English Rule The English only exercise their jurisdiction on issues that involve the internal management of vessel, otherwise, such crimes are triable in that country where they were committed. (US vs. Bull) a. Note: In the Philippines, we observe the English rule Article 3: Definition Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only by 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. 1) Felonies
Alexandra V. Khadka
2) Act a. b.
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Bodily movement tending to produce some effect in the external world Being unnecessary that the same be actually produced, as the possibility of its production is sufficient c. Constituting a felony or at least, an overt act of that felony, that is, an external act which has direct connection with the felony intended to be committed. d. The act must be external, because internal acts are beyond the sphere of penal law i. A criminal though or mere intention no matter how immoral or improper it may be, will never constitute a felony Omission a. Inaction i. The failure to perform a positive duty which one is bound to do b. Omission must be punishable by law Punishable by law a. Nullum crimen, nulla poena sine lege i. There is no crime where there is no law punishing it b. The phrase should be understood to mean Punished by the RPC not by special law Imprudence a. If a person fails to take the necessary precaution to avoid injury to person or damage to property b. Lack of skill Negligence a. If a person fails to pay proper attention and to use due diligence in foreseeing the injury or damage impending to be cause b. Lack of foresight
Classification of felonies 1) Intentional felonies a. Offender is malicious b. With deliberate intent c. Has the intention to causes an injury to another d. Dolo i. Malice ii. The intention to do an injury to the person, property or right of another, such offender acts with malise iii. If the act of omission is punished by the RPC, he is liable for intentional felony iv. Requisites for dolo 1. He must have the freedom while doing an act or omitting to do an act a. When a person acts without freedom, he is no longer a human being but a tool b. His liability is as much as that of the knife that wounds , or the torch that sets fire c. A person who acts under the compulsion of an irresistible force is exempt from criminal liability 2. He must have intelligence while doing the act of omitting to do an act a. Without this power, necessary to determine the morality of human acts, no crime can exist b. The imbecile or the insane, and the infant under nine years of age, as well as the minor over nine but less than fifteen years old and
Alexandra V. Khadka
Alexandra V. Khadka
Alexandra V. Khadka
g.
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Impossible Crimes 1) The commission of an impossible crime is indicative of criminal propensity or criminal tendency on the part of the actor. Such person is a potential criminal. 2) Requisites a. That the act performed would be an offense against persons or property b. The act was done with evil intent c. That is accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual d. That the act performed should not constitute a violation of another provision of the RPC Important words (Article 2) 1) Performing an act which would be an offense against persons or property a. The act performed would have been against persons or property i. Felonies against property 1. Parricide 2. Murder 3. Homicide 4. Infanticide 5. Abortion 6. Duel 7. Physical injuries 8. Rape b. Felonies against property i. Robbery ii. Brigandage iii. Theft iv. Usurpation v. Culpable insolvency vi. Swindling and other deciets vii. Chattel mortgage
Alexandra V. Khadka
Alexandra V. Khadka