Você está na página 1de 10

1

MIDTERMS – OUTLINE - They are acts ( doing an act) or


omission ( not doing an act
Preponderance of evidence required in the statute) punishable
- Required only in civil cases by law
- Not the same as proof beyond - Usually punishable by the revised
reasonable doubt which is required penal code ( RPC)
for criminal cases - They are committed by means of :
- Evidence which is more convincing a. Deceit or dolo
to the court as worthy of belief • When the act is performed with
than that offered in opposition deliberate intent
thereto b. Fault or culpa
• When the wrongful act results
Beyond reasonable doubt from imprudence, negligence,
- Required in criminal cases lack of foresight or lack of skill
- Innocent until proven guilty
- Evidence which produces
conviction in an unprejudiced mind CLASSIFICATION OF FELONIES
- Does not mean such degree of
proof as excluding the possibility of According to Manner or mode of
error, produces absolute certainty. execution
- Rather, moral certainty is only a. Intentional felonies – committed by
required means of deceit or malice
b. Culpable felonies- where the
Administrative cases
wrongful act results from
- Mere substantial evidence
imprudence, negligence, lack
of foresight or lack of skill
Doctrine of res ipsa loquitur
- Latin: The thing or the transaction
According to stage of execution
speaks for itself
a. Consummated –
- Can be applied with the doctrine of
• all elements necessary for its
common knowledge
execution and accomplishment
- The courts determine whether a
are present
certain set of circumstances does,
b. Frustrated-
as a matter of law, permit a given
interference • when the offender performs all
- Test whether common knowledge the acts of execution which
and experience teach that with would produce the felony as a
exercise of due care, the incident consequence but which
would not have occurred nevertheless do not produce it
by reason of causes
Doctrine of damnun absque injuria independent of the will of the
- Although there was physical perpetrator
damage, there was no legal injury c. attempted –
- Even if there is damage, the • when the offender commences
circumstances does not entitle him the commission of a felony
to claim legal injury directly by overt acts , and does
not perform all the acts of
CRIMINAL LAW execution which should produce
- Covered by the Revised penal code the felony by reason of some
- Branch or division of public law cause of accident other than his
which defines crimes, treats of own spontaneous desistance
their nature and provides for their
punishment According to gravity
a. grave felonies
Felonies
2

• those to which the law attaches a. Any person committing a felony


the capital punishment or ( delito) although the wrongful act
penalties which in any of their done be different from that which
periods are afflictive in he intended and
accordance with art 25 of the b. Any person performing an act
RPC which would be an offense against
b. less grave felonies person or property
• the law punishes with penalties • Were it not for the inherent
which in their maximum period impossibility of its
are correctional accomplishment or on account
c. light felonies of the employment of
• those infractions of law for the inadequate or ineffectual
commission of which the means
penalty or arresto menor or a
fine not exceeding 200 pesos or Error in personae ( mistake in the
both is provided identity of the victim)
- Two officers were ordered to arrest
MALA IN SE VS MALA PROHIBITA A, an escaped notorious convict
and proceeding to the house of A,
Mala in se they saw a man sleeping with his
- are crimes which are wrong from back towards the door
their nature • Then they fired at him
- rape, murder, theft etc • Turned out to be B and not A
- inherently immoral or wrong • Still they are guilty of murder
- these crimes are usually embodied • Killing of a sleeping man
in the RPC (revised penal code) without making an inquiry is a
felony
Mala prohibita - Mistake in the identity
- merely wrong becase they are
prohibited by statute Abberatio ictus
- illegal possession of firearms - Mistake in the blow
- X wanted to hit A but instead hit B
Nullum crimen, nulla poena sine superficially and killed F, his father.
praevia lege poenali (Latin, lit. "No X is still criminally liable for
crime, no punishment without a previous attempted homicide with parricide
penal law") ( father of X)
- this basic legal principle has been
incorporated into international Praeter intentionem
criminal law. It thus prohibits the - Injurious result is greater than that
creation of ex post facto laws to intended
the disadvantage of the defendant - A slapped B and B fell on the
- The maxim states that there can ground and died. A is liable for the
be no crime committed, and no death of B even if it was mere
punishment meted out, without a slapping.
violation of penal law as it existed
at the time. Another consequence The wrong done must be direct and
of this principle is that only those natural consequence of the felonious act
penalties that had already been - Proximate cause
established for the offence in the • That which in natural and
time when it was committed can be continuous sequence ,
imposed unbroken , by any efficient
intervening cause, produces the
Incurrence of criminal liability injury and without which the
result would not have occurred
3

• Immediate cause must not be the initiator of the


• If the driver of the bus unlawful aggression)
announced “tuguegarao” but 2. Defense of relatives
actually it was a few minutes 3. Defense of strangers
from the place and when a 4. Avoidance of greater evil or injury
passenger would stand up and 5. Fulfillment of duty or exercise of a
fall because the bus gained right or office
speed again, the driver is held 6. Obedience to an order of a superior
liable for the injuries sustained
• The proximate cause is the 2. Exempting circumstances
wrong announcement - There was a crime committed and
Impossible crime there is a criminal but for reasons
- Act performed with malice which of public policy, no penal liability
would have been an offense - Non-imputability , grounds for
against persons or property, were it exemption from punishment
not for the inherent impossibility of because there is wanting in the
its accomplishment on account of agent of the crime any of the
the employment of inadequate or conditions that make the act
ineffectual means voluntary or negligent
- Penalty of arresto mayor or a fine - A person must act with malice or
ranging from 200 to 500 negligence to be criminally liable
- A saw B lying down, whom he • One who acts without
though was only sleeping. So with intelligence, freedom of action
intent to kill, he stabbed B several or intent does not act with
times on his chest. It turned out malice
that B had been dead 30 minutes • One who acts without
ago. negligence, freedom or action
- the law provides for a punishment or fault does not act with
because there is a criminal negligence
tendency on the part of the
offender even if there was inherent 1. Imbecile or insane person unless
impossibility of the means acting during lucid interval
employed 2. Person under nine years of age
3. Over nine years and under 15
CIRCUMSTANCES AFFECTING unless he has acted with
CRIMINAL LIABILITY discernment
4. any person, who while performing
1. Justifying circumstances a lawful act with due care, causes
- The act of a person is said to be in an injury by mere accident without
accordance with the law fault or intention of causing it
- The person is deemed not to have 5. any person who acts under
transgressed the law and is free compulsion of an irresistible force
from both criminal and civil liability 6. any person who acts under the
- No crime, no criminal liability impulse of an uncontrollable fear of
1. Self defense an equal or greater injury
• All elements must concur • If A with a revolver in his hand
1. There must be an unlawful threw a knife at B, and ordered
aggression on the other party him to kill C, a person sleeping
2. There is reasonable necessity of nearby otherwise, he will shoot
the means employed to prevent or B. the latter can ask exemption
repel the act of aggression from criminal liability if he
3. There is lack of sufficient stabbed C to death
provocation on the part of the 7. Any person who fails to perform an
person defending himself ( you act required by law when
4

prevented by some lawful or 3. Offender had not intention


insuperable cause to commit so grave a wrong
• A policemen who arrested a as that committed
man who killed another person. ( pinching but due to it, the
The incident happened on a person fell on the ground on
Saturday and the police only a rock and died)
filed the report on Monday. 4. When there was sufficient
They are excused because provocation or threat on the
there is no court on week ends. part of the offended party
Prevented by lawful or that immediately preceded
insuperable cause the act
5. An act in vindication of a
3. Absolutory causes grave offense to the person
- Those where the actors are granted committing the felony , his
freedom from charge spouse , ascendants,
- Immunity from burden for reasons descendants , brothers or
of public policy or sentiment even if sisters or relatives by
it constitutes as a crime affinity within the same
A. Accessories with respect to their degrees
spouses , ascendants, brothers, 6. Acting upon an impulse so
sisters or relatives by affinity within powerful, as naturally to
the same degrees except those have produced passion or
provided by law ( understood that obfuscation
families protect each other) 7. Voluntary surrender
B. Spouse or parent who inflicts less 8. Deaf and dumb, blind in two
serious or slight physical injuries on eyes or suffering from
their spouse/ daughters when physical defect which
caught in the act of sexual restricts his means of action
intercourse with another , defense or communication
C. Any person who entered another’s with his fellow beings
dwelling to prevent serious harm to 9. Illness that would diminish
himself and the occupants will power without depriving
D. Theft or swindling or malicious him of consciousness
mischief committed by spouses, 10. Similar or analogous cases
ascendants, or descendants or
relatives by affinity in the same CLASSIFICATION OF PENALTIES
line, IF living together
E. Instigation – innocent and was only 1. Capital punishment
induced by the public officer to a. Death
commit the crimes and the officer 2. Afflictive penalties
is a principal by inducement or by a. Reclusion perpetua- 30 years
indispensable cooperation. b. Reclusion temporal – 12 Years, 1
day to 20 years
4. Mitigating circumstances c. Perpetual or temporary absolute
- Those which do not entirely free disqualification
the actor from penal responsibility d. Perp. Or temp special
but serve only to lessen or reduce disqualification
the penalty imposable e. Prision mayor – 6 years 1 day to 12
1. Incomplete justifying or years
exempting circumstances 3. Correctional penalties
(when not all the elements a. Prision correctional - 6 months, 1
are present to be justified or day to 6 years
exempt) b. Arresto mayor – 1 month 1 day to 6
2. Offender is under 18 years months
or over 70 years old c. Suspension
5

d. Destierro • Contracts shall take effect only


4. Light penalties between the parties, their
a. Arresto menor – 1 day to 30 days assigns and heirs
b. Public censure
Essential requisites of contracts
--------------- a. Consent
CONTRACTS • Concurrence of the wills of
- Meeting of the minds between two contracting parties
persons • Agreement as to object and
- One binds himself with respect to cause
another, to give something or • Perfected from the mere
render some service
meeting of the minds
• If by letter or telegram- from
Elements of a contract
a. Essential elements moment there is knowledge of
a. Consent acceptance
b. Object which is certain
c. Cause / consideration Vices of the will
- Mistake, violence, intimidation,
• Note that there must be
undue influence and fraud
delivery in real contracts
Vices of declarations
( affecting real properties
- All forms of simulated ( merely
usually)
made-up) contracts
• You must abide with formalities
of the law ; remember the b. Objects of the contract
status of frauds , more than • Thing, right or service which is
500 pesos must be in writing, if
the subject matter of the
with real properties it must be
obligations which is created or
in a PUBLIC document –
established
notarized documents
c. Cause
b. Natural elements – nature of
• Essential reason which moves
contract , presumed by law
c. Accidental elements – exist only the contracting parties to enter
when the parties stipulate so into the contract

Stages in the life of a contract FORMS OF CONTRACTS


a. Generation – formation of the - There is no specific mandate
contract - Regardless of form but there are
b. Perfection – birth of the contract exceptions:
c. Consummation – fulfillment of a. When the law requires a form in
purpose of the contract order to be valid
b. Law requires form in order to be
Essential characteristics of a contract enforceable
a. Obligatory force
Statute of frauds
• Once perfected, a contract
- Prevent you from fraud
shall be obligatory to both
a. Contracts must be in writing ,
parties
although any form could do
b. Autonomy
• Donations of personal property
• Parties are free to enter and
– writing if above PhP 5,000
establish such stipulations ,
• Writing- sale of land or any
terms and conditions
c. Mutuality interest
• Equality in both contracting • Writing- interest in contract of
parties loans
d. Relativity b. It must be in public document
( notarized)
6

• Involves real property , sale or damage to either of the contracting


donation parties or to 3rd persons
• Partnership when real property Requisites
is involved or when immovable a. There must be a valid or voidable
properties are included contract
c. It must be registered b. Must be economic or financial
• Chattel mortgage – LTO prejudice or damage
c. Mutual restitution of the object and
• Large cattle – municipal hall
cause ( giving back of what was
taken or given)
Fraud
- Deceit or dolo
Contracts which may be rescinded:
- Deliberate or intentional evasion of
a. Guardians and wards
the normal fulfillment of an
obligation • When the ward suffers damage
4. Dolo incidente by more than ¼ of the value of
the things or objects
• Incidental fraud
b. Representative and absentee
• Committed in the performance
• When the absentee suffers
of a pre-existing obligation
damage of more than ¼ of the
• The remedy is : file for
value of the things
damages c. Those undertaken in fraud of
5. Dolo causante creditors when they cannot claim
• Casual fraud was is due them
• Fraud employed at the time of d. Things under litigation was
the execution of the contract in deprived when without knowledge
order to secure consent, of the litigant
• Remedy: annulment because of e. Those declared by law to be
vitiated consent rescissible
f. Payments made in state of
REFORMATION insolvency ( bankrupt) to the
- You may request for reformation of detriment of others
instruments or contracts when the
true intention of the parties are not VOIDABLE CONTRACTS
expressed in the instrument - Those in which all the essential
- Why: because of mistake, fraud, elements are present but the
inequitable conduct or accident element of consent is vitiated
- Remedy: reformation in order to because of
reflect the true intention and a. Lack of legal capacity of the one
nature of the contract party
b. Mistake
Classes of Defective contracts c. Violence
a. Rescissible d. Intimidation
b. Voidable e. Undue influence
c. Unenforceable f. Fraud
d. Void and inexistent
Voidable contract can be CONVALIDATED
RESCISSION through
- Remedy granted by law to a. Prescription
contracting parties and to 3rd b. Ratification
persons in order to secure c. Loss of the thing which is the
reparation of damages caused by object of the contract through
the contract, even if it was valid fraud or fault of the person entitled
- It is a valid contract , but becomes to annul the contract
defective because of injury or
PRESCRIPTIVE PERIOD
7

- Must be commenced within 4 years person, to another either by will or


from by operation of law
a. Time incapacity ends
b. Time of violence, intimidation or Inheritance
undue influence ends or - Property and transmissible rights
c. Time of mistake or fraud is and obligations existing at the time
discovered of death and also those which have
accrued thereto since the opening
Unenforceable contract of succession
- Those which cannot be enforced by
a proper action in court Classes of succession
- Unless they are ratified a. Testamentary – made in a will
- Why: entered into without or in b. Legal or intestate- no will
excess of authority , or they did not c. Mixed
comply with statute of frauds or
there is no legal capacity for one Requisites of testamentary
party a. Age- must be at least 18 years old
b. Sound mind
Void contracts
a. All the requisites prescribed by law Formalities required in execution of
for contract are present BUT NOtarial wills
• The cause, object or purpose is a. Must be in writing
contrary to law, morals, good b. Language or dialect known to
customs, public policy or public testator ( the one who died and
order who made the will)
b. Are prohibited by the law c. Subscribed and sworn at the end
c. Declared by law to be void • Must be by the testator himself
or
Inexistent contracts • Some other person writing the
- Those which lack absolutely either testator’s name in his presence
in fact or in law one or some or all and in his order or direction
of the essential elements of a d. There must be witnesses
contract • It must be attested to by 3 or
more credible witness
Pari delicto • It must be in the presence of
- When both parties are at fault, the testator and of one another
law will not protect them • If made in another room
- You must go to court with clean
without the testator or any of
hands
the witnesses, there is a defect
- You cannot be at fault when you go
in the will
to court and demand to exercise a
e. All parties must sign in each and
right
every page of the will on the left
- The law will not protect you
margin
- The law will not aid either party to
f. All pages must be numbered
an illegal agreement, it leaves the
correlatively in letters placed in
parties where they are
upper part of each page
g. There must be an attestation
---
clause
WILLS AND SUCCESSION
h. Acknowledged before a notary
public
Succession
• Must be with testator and all
- Mode of acquisition by virtue of
which property rights and witnesses
obligations ( inheritance ) are i. If testator is deaf or deaf-mute
transmitted through death of a
8

• Must personally read the will if • Decree of legal separation


able to do so • Preterition ( one heir was
• If cannot read, then designate 2 intentionally omitted)
person to read it and • Legacy or credit against 3rd
communicate to him in more person or remission of debt was
practicable manner the provided in the will and
contents thereof ( problema subsequently, the testator
nyo na kung deaf siya at di brings an action against debtor
makarinig. Be resourceful) • Substantial ( material)
j. If the testator is blind transformation of specific thing
• Read to him twice • When heir, devisee, or legatee
• Once by witnesses and the commits any of the acts of
other by the notary public UNWORTHINESS

Holographic will b. Some overt act ( tearing or burning


- Entirely written and not before a ) with intent to revoke
notary public c. Some will, codicil ( attachment,
a. Must be entirely written by hand of subsequent document ) or some
testator himself other writing executed as provided
b. Dated by hand by testator in case of wills
c. Signed by hand • Codicils must also abide by the
d. Executed in language or dialect
formalities required by the law
known to testator
in notarial wills
Attestation
Grounds for disallowance of wills
- Act of witnessing the execution of
( FM PIES)
will
a. Formalities required by law have
- Witnesses everything from signing
not been complied with
and from execution of the will
b. Mistake of testator or he did not
intend that the instrument he
Note: by making a will, you control how
signed should be his will at the
your assets are distributed
time of fixing his signature
c. Procured by undue and improper
pressure and influence on the part
Qualifications of witnesses
of the beneficiary or of some other
1. Must be of sound mind
person
2. 18 years of age or more
d. Insane testator or mentally
3. Not be blind or deaf or dumb and
incapable of making a will
4. Must be able to read and write
e. Executed through force, under
• All must concur duress or influence of fear or
threats
Disqualified to become witnesses f. Signature of testator was procured
a. If not domiciled in the Philippines by fraud
b. Convicted of falsification of
document, perjury or false Institution of heirs
testimony - Act by virtue of which testator
c. Any person NOT of sound mind designates in his will the person or
d. Less than 18 years old persons who are to succeed him in
e. Blind, deaf or dumb his property and transmissible
f. Cannot read and write ( “and”) rights and obligations
Modes of REVOCATION OF WILLS Preterition or pretermission
a. By implication of law ( implied by - Omission in the will of one, some or
law) all of the COMPULSORY HEIRS
9

( those legal heirs stated in the equivalent share of a


law) in the direct line legitimate child)
- Whether they are living at the time
of the execution of the will or born Disinheritance
after the death of testator - Act of testator in depriving
compulsory heir of his inheritance
Requisites of preterition for causes expressly stated by law
a. Heir omitted is a compulsory heir in Requisites
the DIRECT LINE a. Disinheritance must be for a CAUSE
b. Omission must be total or complete expressly stated in the law ( if not
• Does not and has not received stated in the law, not valid)
anything at all b. Must be effected only through will
• If there is, even if small, then it c. Legal cause for disinheritance must
is not preterition be specified in the will itself ( state
c. Omitted heir must SURVIVE the the reasons)
testator d. The cause must be certain and true
e. Total disinheritance
Effect of preterition f. Unconditional disinheritance
- Annuls entirely the institution of
heirs Causes for disinheritance
- But the legacies and devisees shall 6. When a child or descendant has
be valid been found guilty of an attempt
• Only insofar as they are against the life of the testator , his
INOFFICIOUS or her spouse , descendants or
- You can file a case for annulment of ascendants
the settlement if you were 7. When you have accused the
preterited testator for a crime
• Crime has punishment of 6
Substitution of heir years or more
- Appointment of another heir so • And it is groundless
that he may enter into inheritance 8. You are convicted of adultery of
in default of the heir originally concubinage with the spouse of
instituted testator
9. You cause the preparation of will by
Legitime fraud, violence , intimidation or
- Part of the property of the dead undue influence
person which cannot be disposed 10. Refusal without justifiable cause to
to non-heirs because it has been support the parent or ascendant
reserved by law to certain 11. Maltreatment by word or deed
compulsory heirs 12. Dishonorable or disgraceful life
13. Convicted of a crime with penalty –
Compulsory heir civil interdiction ( prevented from
- The law has reserved a portion of exercising some of your civil rights
the estate ( property of the dead including right to property)
person)
Disinheriting parents or ascendants
a. Legitimate children and 14. Parents have abandoned their
descendants , If none, then children or induced to live a corrupt
legitimate parents and or immoral life or attempted
ascendants against their virtue
b. Legitimate widow or 15. Convicted of an attempt against
widower ( spouse) the life of testator, his spouse,
c. Other illegitimate children ascendant or descendant
( they still get ½ of the 16. Accused testator of crime –
punishment of more than 6 years
10

17. You are convicted of adultery of - X is the brother of Y. then he is 2


concubinage with the spouse of degrees from Y counting 1 from x
testator to grandfather and 1 degree again
18. You cause the preparation of will by from grandfather to Y
fraud, violence , intimidation or - A is the cousin of B. then A is 4
undue influence degrees from B. so your first cousin
19. Loss of parental authority is actually four degrees in
20. Refusal to support consanguinity to you.
21. Attempt by one parent against the - The diagram must follow this
life of the other parent , unless format in succession
reconciled

Disinheriting a spouse
22. Convicted of an attempt against
the life of testator
23. Accused testator of a crime –
punishment of more than 6 years
and it is groundless
24. You cause the preparation of will by
fraud, violence , intimidation or
undue influence
25. Spouse has been the cause for
legal separation
26. Reason for loss of parental
authority
27. Unjustifiable refusal to give support
to children and spouse
28. In bad faith, remarries in violation
of the provisions of the civil code

Legacy
- Testamentary disposition to a
person
- Personal property is given

Devisee
- Inherit a real property
Heir
- Either called to succeed by
operation of law or by provision of
a will

Grandfather

Son X daughter, Y

A B C

Degrees of consanguinity

Você também pode gostar