Professional Documents
Culture Documents
2. Positivist theory
Note: Landing or using of Opium is an open violation of the laws of PH (US vs. Look Chaw)
When vessel is not in transit because PH is terminal port, may be liable for illegal importation of opium.
(US vs. Ah Sing)
Merchant ships and warships always subject to laws in which country they belong.
US vs. Bull
A foreign merchant ship sails into the Philippines cattle in the condition not suitable and secured. The
case is within the PH jurisdiction because it is a continuing crime.
Homicide aboard a foreign ship is also within the jurisdiction of the court because it involves violation of
public policy.
US vs. Ah Sing
Selling of opium is under PH court jurisdiction.
Art 3: FELONY
Elements: PAP
1. Act or omission
2. Punishable under RPC
3. Performed by means of dolo or culpa
Mere passive presence at the scene of anothers crime, mere silence and failure to give the alarm,
without evidence of agreement or conspiracy is not punishable. (People vs Silvestre and Atienza)
2 types of felonies:
1. Intentional
2. Culpable
Both are voluntary.
Mistake of Fact
Requisites:
1. Act done wouldve been lawful had the facts been known LAWFUL ACT
2. Intention should be lawful LAWFUL INTENTION
3. Mistake is without fault/carelessness WITHOUT FAULT
Case:
US vs. Ah Chong
Roommate was mistaken for a robber.
Motive is not an essential element of a crime. Essential only in the identification of the accused.
Requisites:
d. There was intentional felony
e. Wrong done was direct, natural, and logical consequence of felony
2. Person acting against persons or property
NO FELONY IF:
1. Not punishable under RPC
Note:
This applies to your intentioned crime like intentional suicide resulting to homicide of another.
The crime that has to be in your mind is punishable under RPC.
Preventing someone to fight someone else is not a crime punishable under RPC. If the act resulted in the
death of the child, it cannot be criminally liable for the death.
If a man creates in another persons mind an immediate sense of danger, which causes such person to
try to escape, and, in so doing, the latter injures himself, the man who creates such state of mind is
responsible for the resulting injuries.
Example: when victim dumped the wound into the garbage to have it infected.
The accused is still liable as natural consequence. The victim is assumed to be in good faith in taking out
the drainage.
US vs. Marasigan
The victim is not obliged to undergo surgery for the severed fingers. The accused is still liable.
Proximate Cause THAT CAUSE, WHICH, IN NATURAL AND CONTINUOUS CONSEQUENCE, UNBROKEN
BY ANY EFFICIENT INTERVENING CAUSE, PRODUCES THE INJURY AND WITHOUT WHCH THE RESULT
WOULD NOT HAVE OCCURRED.
Efficient intervening causes free of liability; must be distinct and foreign from felonious act.
Not EIC:
1. Weak of diseased physical condition
2. Nervousness or temperament of the victim
3. Causes inherent in the victim (not know how to swim)
4. Neglect of the victim or third person to undergo medical attendance
5. Erroneous or unskillful medical or surgical treatment
Note: In order to know if the accused is liable, ask what could have caused the death or injury and then
trace it from the result back to the cause.
If the cause was not proved, the accuseds act is deemed to be the cause of the injury or death.
Impossible Crimes
(compare to FRUSTRATED FELONY)
Requisites:
1. Act performed is an offense against persons and property
Person intends to commit felony. If felony is actually done, he is liable criminally for felony and
not impossible crime.
Jacinto vs. People Commented [r1]: I dont know why it isnt frustrated
Accused stole a check and deposited it to her account. The check bounced. This is an impossible felony. Theft is punishable under RPC. The crime
crime. consummated although it was prevented.
Art. 5: DUTY OF THE COURT IN CONNECTION WITH ACTS WHICH SHOULD BE REPRESSED BUT WHICH
ARE NOT COVERED BY LAW AND IN CASES OF EXCESSIVE PENALTIES
EXCESSIVE PENALTY
1. Accused is guilty
2. Penalty provided by law is excessive:
a. Accused acted with lesser degree of malice
b. No or light injury
3. Court should not suspend execution of sentence
4. Submit statement to the Chief Executive through the Secretary of Justice recommending
executive clemency
Note: Not applicable if penalty was meant to uphold PUBLIC POLICY (profiteering, rampant
lawlessness)
Consummated Felony
All elements necessary for the execution and accomplishment are present.
Frustrated felony
1. Performed all acts to produce felony
2. Do not produce it for reasons independent of the will of the perpetrator
Note: Frustrated felony must have been executed to the extent that there is no doubt if the execution
was a crime or not because it is already apparent that that crime was his intention.
Attempted Felony
1. The offender commences the commission of the felony directly by overt acts (more than a mere
planning, which when done, would logically, necessarily ripen into a concrete offense)
a. There be external act
b. (a) has a direct connection with the crime intended to be committed
2. Does not perform all acts of execution which should produce the felony
3. Offender is not stopped by his own desistance Commented [r2]: If it is by his own desistance, it
4. non-performance was due to cause or accident other than (3) constitutes an internal act.
US vs. Simeon
The accused raising his bolo does not constitute attempted felony.
Attempted Frustrated
All acts necessary to All acts necessary to
produce the crime produce the crime
was not complete was complete just
that, external acts
prevented its
consummation.
Note: There must be no double interpretations of the crime done. If so, it does not constitute an
attempted felony. Such is still at subjective phase where he still has control of his acts.
Frustrated Felony
1. Performs all acts of execution (reached the objective phase) Commented [r3]: Basically, this is the only difference of
2. All acts wouldve produced the felony as a consequence attempted and frustrated murder that is why most of the
3. Felony is not produced time, they are lumped.
4. Reason independent of the will of the perpetrator
The fact that he knew the victim escaped gave him the idea that he did not hit the victim at the vital part
which if he couldve, it wouldve led to his death (his intention). This is attempted murder because he
was not able to perform all acts necessary (hit the vital part).
Problem
The husband placed arsenic in the food of the wife. The wife took the poison. Immediately, the husband
prevented the death from poison by cleansing her stomach. There was no attempted nor frustrated
murder because the all acts necessary to produce the crime was present BUT consummation was
prevented by the perpetrator himself.
Note:
a. The comsummation of crime of arson does not depend upon the extend of the damage caused
b. It is enough in theft that the thief got hold of the thing belonging to another
c. To consummate estafa, damage must be caused
d. In robbery, there is force in order to obtain the thing. The thing has to be taken to a place where
it can be freely disposed. Commented [RNC4]: Compared to theft where there is
no force needed.
People vs. Flores
Van full of boxes stolen did not pass the check point where the guard discovered the crime. This is
frustrated theft.
CONFLICT
There is no crime of frustrated theft. (Vanzuela vs. People)
This is not frustrated fraud as all elements to the crime of theft are present.
The complainant was hit in the head by the defendant with a stone. At first, the defendant threw a fist
at the back of the complainant and when he fell, he hit him (complainant) with the stone. He invoked
self-defense in that the complainant was drug and hit him first.
This is attempted homicide in that the wound was not fatal but there was intention to kill because the
stone was hit at the right temple of the head.
Formal crimes
- Consummate by a single act
SLANDER AND FALSE TESTIMONY
Felony by omission
- There can be no attempt
Crime requiring intervention of two persons to commit them are consummated by mere agreement
- Mere agreement consummates felony
- Offer is attempted felony
Material crimes
- Homicide, rape, etc.
Exception:
When against persons or property, liable for frustrated or attempted felony.
Reason:
- Only preparatory acts
- Presumed innocent
Indications of conspiracy
It has to be proved that there was a pattern or meeting of minds. The crime has to show a common
design.
Requisites:
1. Two or more persons came to an agreement
2. Agreements concern commission of a felony
3. Execution of felony be decided upon
Agreement
a. Meeting of minds
b. Refers to a commission of a crime
c. Made up their minds to commit crime
An accomplice means doing nothing on the crime itself but cooperated by executing acts before or after
the crime. Mere appearance at the scene is not punishable under RPC.
PROPOSAL
Requisites:
1. Person has decided to commit a felony Commented [RNC6]: Thus a mere do you want to
2. Proposes its execution to another commit a crime? is not a proposal because you are not
sure yourself.
Note: the plan has to be concrete. Also when you are afraid to do it alone.
CASES
Grave Felonies
1. Capital punishment
2. Afflictive penalties in any periods
a. Reclusion perpetua
b. Reclusion temporal
c. Perpetual or temporary absolute disqualification
d. Perpetual or temporary special disqualification
e. Prision mayor
Note: periods mean higher or highest of the penalties are afflictive.
1. Self-defense
Requisites:
a. Reasonable necessity
b. Unlawful aggression
c. Lack of sufficient provocation
2. In defense of the person or right of:
a. His spouse
b. Ascendants
c. Descendants
d. Legitimate, natural or adopted Brothers or sisters
e. relatives by affinity in the same degrees
f. consanguinity within the 4th civil degree
Requisites (a) and (b) in (1)
3. In defense of a stranger
Requisites:
a. (a) and (b) in (1)
b. Not induced by revenge, resentment or evil motive
4. In order to avoid an evil or injury, does an act that causes damage to another.
Requisites:
a. Evil sought to avoid exists
b. Injury feared be greater
c. No practical or less harmful means of preventing it
5. In the fulfillment of a duty or lawful exercise of a right or office
6. Acts in obedience to an order issued by a superior for some lawful purpose
SELF-DEFENSE
Sufficient, satisfactory and convincing evidence
Unlawful Agression
Must be an actual physical assault or threat to inflict real injury.
Note: threat must be offensive and positively strong showing the wrongful intent to cause an injury.
Considerations:
1. Retaliation not self-defense
The unnecessary killing of an aggressor who is retreating from a fray.
2. Unlawful aggression must come from the person who was attacked by the accused
5. When the aggressor flees, unlawful aggression no longer exists unless retreated to take more
advantageous position. Commented [RNC7]: Must be clear that this is his
purpose.
6. There is no aggression when there is agreement to fight. Commented [RNC8]: Agreement may be expressed
(accused consented to the fight) or implied (after victim said
7. Robbery and theft victim can always invoke self-defense come down, lets fight then the accused fired a blow, he
has impliedly accepted)
8. Toy gun can be used for unlawful aggression If agreement had taken place, but did not consummate,
there is unlawful aggression.
9. Mere threatening attitude not an unlawful aggression Commented [RNC9]: Picking up a weapon is preceded by
circumstances indicating the intention of the deceased to
10. Imaginary aggression not unlawful aggression. use it in attacking the defendant is unlawful aggression.
Commented [RNC10]: Such as when you just saw him
11. For defense of property, there must be an unlawful aggression against the accused. Life cannot with a pistol.
be equated to property.