Академический Документы
Профессиональный Документы
Культура Документы
II.
1. Classical theory
The basis of criminal liability is human free will and the purpose of the
penalty is retribution
That man is essentially a moral creature with an absolute free will to
choose between good and evil, thereby placing more stress upon the
effect or result of the felonious act than upon the man, the criminal
himself
It has endeavored to establish a mechanical and direct proportion
between crime and penalty
There is a scant regard to the human element.
2. Positivist theory
That man is subdued occasionally by a strange and morbid
phenomenon which constrains him to do wrong, in spite of or contrary
to his volition
That crime is essentially a social and natural phenomenon, and as
such, it cannot be treated and checked by the application of abstract
principles of law and jurisprudence nor by the imposition of a
punishment, fixed and determined a priori; but rather through the
enforcement of individual measures in each particular case after a
thorough, personal and individual investigation conducted by a
competent body of psychiatrists and social scientists.
IV.
The State has the authority, under its police power, to define and
punish crimes and to lay down the rules of criminal procedure.
NOTE:
A right which may be waived is the right of the accused to
confrontation and cross-examination, considering that it is
personal.
A right which may not be waived is the right of the accused to be
informed of the nature and cause of the accusation against
him, considering that it involve public interest which may be affected.
CHAPTER ONE
ARTICLE 3 FELONIES (DELITOS)
Acts and omissions punishable by law are felonies. 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.
I.
ELEMENTS OF FELONIES
1. That there must be an act or omission
2. That the act or omission must be punishable by the Revised Penal
Code
3. That the act is performed or the omission incurred by means of deceit
(dolo) or fault (culpa)
II.
CLASSIFICATION OF FELONIES/CRIMES
1. INTENTIONAL FELONIES the act or omission of the offender is
malicious. In the language of Art. 3, the act is performed with
deliberate intent (with malice). The performer in performing the
act or in incurring the omission, has the intention to cause an injury to
another.
2. CULPABLE FELONIES the act or omission of the offender is not
malicious. The injury caused by the offender to another person is
unintentional, it being simply the incident of another act
performed without malice. As stated in Art. 3, the wrongful act
results from imprudence, negligence, lack of foresight, or lack of skill.
IMPRUDENCE indicates a deficiency of action, usually involves lack
of skill
NEGLIGENCE indicates a deficiency of perception, usually involves
lack of foresight.
MISTAKE OF FACT
V.
NOTES:
In mistake of fact, the act done by the accused would have constituted
(1) a justifying circumstance under Art. 11, (2) absolutory
cause, such as that contemplated in Art. 247, par. 2, or (3) an
involuntary act.
Mistake of fact would constitute a justifying circumstance under Art.
11, if there be (1) unlawful aggression on the part of the person
killed, (2) reasonable necessity of the means employed to
prevent or repel it, and (3) lack of sufficient provocation on the
part of the person defending himself.
The mistake must be without fault or carelessness on the part of
the accused.
Lack of intent to kill the deceased because his intention was to kill
another, does not relieve the accused from criminal responsibility.
In error in personae or mistake in the identity of the victim, the
principle of mistake of fact does not apply.
When the accused is negligent, mistake of fact is not a defense.
Criminal intent is necessary in felonies committed by means of deceit
(dolo) because of the legal maxims Actus non facit reum nisi
mens sit rea or the act itself does not make a man guilty unless
his intention were so; and Actus me invite factus non est meus
actus or an act done by my against my will is not my act.
When the doing of an act is prohibited by a special law, it is considered
that the act is injurious to public welfare and the doing of the
prohibited act is the crime itself.
Good faith and absence of criminal intent not valid defenses in
crimes punished by special laws.
VII. MALA IN SE and MALA PROHIBITA
MALA IN SE wrongful from their nature, such as theft, rape,
homicide, etc. Crimes mala in se are those so serious in their effects
NOTES:
Motive is established by the testimony of witnesses on the acts or
statements of the accused before or immediately after the commission
of the offense.
The existence of a motive, though perhaps an important consideration,
is not sufficient proof of guilt.
Mere proof of motive, no matter how strong, is not sufficient to
support a conviction if there is no reliable evidence from which it may
be reasonably deduced that the accused was the malefactor.
Even a strong motive to commit the crime cannot take the place of
proof beyond reasonable doubt, sufficient to overthrow the
presumption of innocence.
Proof beyond reasonable doubt is the mainstay of our accusatorial
system or criminal justice.
Buralo, it was held that the accused was liable for the injury caused to
the latter.
The injurious result is greater than that intended (PRAETER
INTENTIONEM)
Ex: Where the accused, without intent to kill, struck the victim with his
fist on the back part of the head from behind, causing the victim to fall
down with his head hitting the asphalt pavement and resulting in the
fracture of his head, it was held that the accused was liable for the
death of the victim, although he had no intent to kill said victim.
REQUISITES OF PAR. 1 OF ARTICLE 4
In order that a person may be held criminally liable for a felony
different from that which he intended to commit, the following
requisites must be present:
1. That an intentional felony has been committed
Any person who creates in anothers mind an immediate sense of
danger, which causes the latter to do something resulting in the
latters injuries, is liable for the resulting injuries.
No felony is committed when the act or omission is not punishable
by the Revised Penal Code, or when the act is covered by any of the
justifying circumstances enumerated in Article 11
2. That the wrong done to the aggrieved party be the direct,
natural and logical consequence of the felony committed by
the offender.
It is an established rule that a person is criminally responsible for
acts committed by him in violation of the law and for all the natural
and logical consequences resulting therefrom.
In the following cases, the wrong done is considered the direct,
natural and logical consequence of the felony committed
a. The victim who was threatened or chased by the accused with a
knife, jumped into the water and drowned because he did not
know how to swim;
b. The victim removed the drainage from his wound which was
caused by the accused, it appearing that the wound produced
extreme pain and restlessness which made the victim removed
it;
c. Other causes cooperated in producing the fatal result, as long as
the wound inflicted is dangerous, that is, calculated to destroy or
endanger life;
d. The victim was suffering from internal malady either because (1)
the blow was efficient cause of death; (2) blow accelerated
death; or (3) the blow was the proximate cause of death;
e. The offended party refused to submit to surgical operation;
f. The resulting injury was aggravated by infection.
II.
ARTICLE 6 CONSUMMATED,
ATTEMPTED FELONIES
FRUSTRATED
necessary
AND
for
its
ATTEMPTED FELONY
Elements of Attempted Felony
1. The offender commences the commission of the felony directly by
overt acts;
2. He does not perform all the acts of execution which should produce
the felony;
3. The offenders act is not stopped by his own spontaneous
desistance;
4. The non-performance of all acts of execution was due to cause or
accident other than his spontaneous desistance
Requisites of Attempted Felony
1. There must be external acts
2. Such external acts have direct connection with the crime intended
to be committed
OVERT ACTS, Defined is some physical activity or deed, indicating
the intention to commit a particular crime, more than a mere planning
or preparation, which if carried to its complete termination following its
natural course, without being frustrated by external obstacles nor by
the voluntary desistance of the perpetrator, will logically and
necessarily ripen into a concrete offense.
CONSUMMATED FELONY
In consummated, all the elements necessary for its execution
and accomplishment must be present. Every crime has its own
elements which must all be present to constitute a culpable violation of
a precept of law.
VI.
of
execution,
GENERAL RULE: Light felonies are punishable only when they have
been consummated. Reason: Light felonies produce such light, such
insignificant moral and material injuries that public conscience is
satisfied with providing a light penalty for their commission. If they
are not consummated, the wrong done is so slight that there is no
need of providing a penalty at all.
EXCEPTION: Light felonies committed against persons or
property, are punishable even if attempted or frustrated.
Reason: The commission of felonies against persons or property
presupposes in the offender moral depravity. For that reason, even
attempted or frustrated light felonies against persons or property are
punishable.
Light felonies against person slight physical injuries and
maltreatment
Light felonies against property (1) Theft by hunting or fishing or
gathering fruits or other forest or farm products upon an inclosed
estate or field where trespass is forbidden and the value of the thing
stolen does not exceed Php5.00; (2) Theft were the value of the stolen
property does not exceed Php5.00 and the offender was prompted by
hunger, poverty, or the difficulty of earning a livelihood; (3) Alteration
of boundary marks; (4) Malicious mischief where the damage is not
more than Php200.00 or it if cannot be estimated.
CHAPTER TWO
I.
Justifying circumstances
Exempting circumstances and other absolutory causes
Mitigating circumstances
Aggravating circumstances
Alternative circumstances
I.
II.