 Criminal law define

 Principles of Criminal law

 Expos facto law
 Bill of attainder
 3 characteristics of criminal law – generality, prospectivity, territoriality
 Exemptions – territoriality
 Exemptions – prospectivity
 Exemptions – generality
 4 schools of thought
 Sources of criminal law

Art. 2 – Exemption of Territoriality

Art. 3 – Definition of a Crime

By Dolo or By Culpa – REMEMBER the REQUISITES

General Criminal Intent is presumed – Remember

 Specific Criminal Intent must be proved

 Intent to perpetrate the act – special penal laws

Felonies by Culpa

 Culpa not compatible with complex crimes

Mala Inse and Mala Prohibita

Art.4 VERY VERY IMPORTANT

Par. 1 Rule : One who commits a crime is liable for direct, natural, and logical consequences.

Mistake of fact – requisites REMEMBER

Mistake in the blow – doesn’t not excuse crim liability

Error in Personae –

Praeter Intentionem – Criminal liability – Mitigating Circumstance

Proximate Cause

Impossible Crimes – ELEMENTS – REMEMBER

2 counts of impossible – Phyiscal/fact or legal

Art. 5 – Corpuz v. People

Art. 6 Consummated, Frustrated, Attemption

2 phases of execution of a crime

subjective

objective

Art. 212 -Corruption of public official

Punishable under - Art. 210 and 211-a

The act of giving of a gift is enough to consummate a crime

Another crime if will of perpetrator any desistance

 No frustrated stage:
 Arson
 Theft and robbery
 Rape
 Corruption of public officers

Felonies by omission

No attempted or frustrated

Falsification of documents

Art. 8 Conspiracy

Implied –

Express

Art.9 Very Very Important – Grave, Less Grave, Light Felony

Art. 10 Very Very Important

Art. 11 Justifying Circumstances

REQUISITES

Art. 13 par. 2 Incomplete self-defense is mitigating circumstance – privileged mitigating circumstance /

ordinary mitigating circumstance

State of necessity with civil liability

Art. 12 – Exempting Circumstance

There is no criminal liability but with civil except. 5 and 7.

Par. 2 and Par 3.- minority

Below 15- intervention

Above 15 below 18 without discernment – diversion

Above 15 below 18 w/ discernment – intervention BAHAY Pag-Asa

Par. 4 – Accidents Requisites – VERY VERY IMPORTANT

Par. 5 – Irresistible Force

Par. 6 – Uncontrolled Fear – REQUISITES

Par. 7 – REQUISITES

Art. 332 Theft, swindling, simple estafa, malicious mischief exempted from criminal liability

Spontaneous Desistance – Attempted Stage – NO CRIME unless the overt acts has already been
executed.

Attempted / Frustrated Light Felonies except persons to property

Relatives

Entraptment and Instigation

Art. 13 Mitigating Circumstance

Ordinary Mitigating - Minimum, can be offset by aggravating

Privilege Mitigating – 1 degree lower

Incomplete self defense – there should be unlawful aggression.

Minorities / Oldies -

Lack of Intention

Par. 6 – VERY VERY IMPORTANT passion must arise from lawful sentiments

Voluntary surrender - spontaneous and unconditional

Plea of guilty – before the presentation of cases. -spontaneous and unconditional

Par. 8

Par. 9 – Illness must not deprive the offender.

Par. 10-

Art. 14 – Aggravating Circumstance

Need to allege in the information

But if proven – not appreciated

Generic Aggravating Circumstance

Qualifying Aggravating Circumstance – cannot be offset by MC. Ex. Treachery, Evident Pre Meditation,
Quasi Recidivism,

Special Aggravating Circumstance – cannot be offset

Inherent Aggravating Circumstance – Ex. Abuse of official position

People v. Villamor

Fortuna v. People

Must have purposely sough – night time par 6., Article 14

4 types of recidivisim

Reitaration

Habitual delinquency – art. 6 par. 5

FRETZEL –

Effect of penalty recidvisim – maximum penalty

Quasi-recidivism – art. 160. Special Aggravating

R.A 83853

Art. 266 B

Alternative Circumstances

1. Relationship
2. Intoxication
3. Degree of relationship

Art. 16

1. Principals
2. Accomplices
3. Accessories

Art. 21

Art. 25 – RECLUSION PERPETUA cannot be affected by AGGRAVATING OR MITIGATING CIRCUMSTANCE

Except if its PRIVILEGE MITIGATING -VERY VERY IMPORTANT

Art. 26 VERYVERY IMPORTANT

Art. 29 – R.A 10592

Art. 39 – AMENDED 1 day for the minimum wage R.A 10592

Art. 45 -VERY VERY IMPORTANT

Art. 48 – REMEMBER 2 kinds of complex crimes – compound crimes and complex crime proper

Composite crimes (specia complex), continued crimes, continuing crime

Art. 55 – error in personae

Art 62 – VVI
Art 63 – VVI

Art 64 – VVI
Art 65 – VVI

Art. 68 par. 2 – PRIVILEGE MITIGATING CIRCUMSTANCE

69 – pmc of incomplete self defence

Art. 70 – 3 fold rule – EXAM

Art 89 – Extension of Criminal Liability

Art. 91 – VVI

Art. 94 – VI

Art. 98 and 99 – AMENDED

INDETERMINATE SENTENCE LAW – COMPUTE

Technique: Penalty Imposed exceeds 1 year apply ISL, Art. 63-65

Min – 1 degree lower

ISL does not apply:

1. Penalties
2. Persons
3. Offenses

Habitual Deliquents disqualified ISL.

Probation Law disqualified

Art. 100 civil liability ex delicto

Art. 103 – REQUISITES