1.

) Scope and Application of the Characteristics of Criminal Law:

a.) Generality The penal law of the country is binding on all people who live
or sojourn in the Philippine territory, subject to the principle of public
international law and to treaty stipulations.
b.) Territoriality Penal laws of the country have force and effect only within
its territory. It includes terrestrial, fluvial and aerial jurisdiction.
c.) Prospectivity Acts or omissions will be penalized only if they are
committed after the penal law has taken effect. It cannot penalize an act
which was then deemed valid when done before the passing of the penal law
which made the act invalid.
d.) Legality There is no crime when there is no law punishing the same.
e.) The Doctrine of Pro Reo Whenever a penal law has two interpretations,
the first one is lenient to the offender and the second is strict to the
offender, the one lenient to the offender will be adopted. This is in
consonance with the rule that all doubts shall be resolved in favor of the
accused.
2.) Stages in committing a felony.
a.) Attempted when the offender commences the commission of a felony
directly by overt acts, and does not perform all the acts of execution which
should produce the felony by reason of some cause or accident other than his
own spontaneous desistance.
b.) Frustrated when the offender performs all the acts of execution w/c would
produce the felony as a consequence but w/c, nevertheless, do not produce it
by reason of causes independent of the will of the perpetrator.
c.) Consummated when all the elements necessary for its execution and
accomplishment are present. The felony is produced.
3.)Generic Aggravating Circumstance vs Qualifying Aggravating
Circumstance
Aggravating Circumstance - circumstances which raise the penalty for a crime
in its maximum period provided by law applicable to that crime or change the
nature of the crime.
GAC an aggravating circumstance that if not offset by any MC, is to increase
the penalty imposed upon the accused based on the crime committed to its
MAXIMUM PERIOD. A GAC may be offset by an Ordinary Mitigating
Circumstance

QAC circumstances that change the nature of the crime. If 2 or more QAC, 1
would only qualify the offense and the other QAC would become GAC. Cannot be
offset by a Ordinary Mitigating Circumstance.
4.) A punched B, B fell down and hit his head on the ground which caused his death.
A contested that it was not his intention to kill B, A further argued that the death
of B was an accident and that he should not be held liable. Is A liable or not?
A is liable for the death of B. However A can apply for the Mitigating
Circumstance # 3 (No intention to commit so grave a wrong). Although A has no
intention to kill but to only cause physical injuries, the death of B cannot be
considered an accident therefor A cannot use accident as an Exempting
circumstance.
5.) Cruelty and Ignominy to be accepted against accused.
For cruelty to be accepted against accused, it must be shown that the accused
enjoyed and delighted in making his victim suffer
2 requisites are needed:
a.) The injury caused deliberately increased by causing other wrong and,
b.) That the other wrong be unnecessary for the execution of the purpose of the
offender.
For ignominy to be accepted against the accused, must show that effects of the
crime will be MORE HUMILIATING, or to put the OFFENDED PARTY TO SHAME thus
adding to the victims moral suffering
6.)Ordinary Mitigating Circumstance vs Privilege Mitigating Circumstance
OMC The attendance of a ordinary mitigating circumstance, unless offset by an
aggravating circumstance, will lower the imposable penalty only to its minimum.
It should be borne in mind that the presence of 2 or more generic mitigating
circumstances, provided there is no aggravating circumstance, will lower the
imposable penalty by one degree, pursuant to Rule 5 of Art. 64 of the RPC.
PMC cannot be offset by any aggravating circumstance. Effect of imposing
upon the offender the penalty lower by one or two degrees than that provided by
law for the crime. Applies to both divisible and indivisible penalties.
7.) Excon escaped, when ordered to stop by the police he ran away, suddenly
emerged with a rock and assaulted the police. Five cautionary shots fired, no go,
when decided that Excon would escape, aimed and killed Excon. Is the police
officer liable?
Police officer is not liable for the death of Excon. The police officer was
performing his duty as a safety office of the public and additionally he already

fired 5 warning shots. Police office can invoke the justifying circumstance which
is fulfillment of duty therefore there is no criminal liability.
8.) Acts to consider treachery
Two conditions for the act to be considered done with treachery if (1) the
employment means of execution that gave the person attacked no opportunity
to defend himself, or retaliate or escape; and (2) the offender consciously
adopted the particular means, method or form of attack employed by him.
9.) DOLO vs CULPA
Dolo is deceit and Culpa is negligence. In DOLO, the act or omission is done with
FREEDOM, INTELIGENCE and INTENT. In Culpa, the act or omission is done with
FREEDOM, INTELIGENCE but without intent, instead of intent is there was
IMPRUDENCE, NEGLIGENCE, or LACK OF FORESIGHT or LACK OF SKILL.
10.)

Instances where OMC is not applicable.

Special Penal laws, Fine, Culpa, Single Divisible Penalties.

General Intent vs. Special Intent

General Intent Intention to do wrong, presumed from the mere doing of a wrong.
The burden is on the wrong doer to prove that he acted without criminal intent.
Special Intent Intention to commit a definite act, existence is not presumed. Since
special intent is one of the elements of the crime, it is the burden of the prosecution
to prove its existence.

Mala In Se vs. Mala Prohibita

Mala In Se wrong from its very nature, good faith is valid defense as long as the
crime is not the result of culpa, criminal intent is an element, degree of
accomplishment is taken to account, mitigating and aggravating circumstances are
also taken into account in imposing penalties. Generally the RPC is violated.
Mala Prohibita wrong beause it is prohibited by law, good faith is not a valid
defense, criminal intent is immaterial, as to degree of accomplishment only gives
rise to a crime when consummated. MC and AC are not taken into account.
Generally Special laws are violated. Act alone irrespective of its motives constitutes
the offense.

Formal Crimes vs Material Crimes

Formal Crimes crimes which are consummated in one instance.

Material Crimes Crimes that have various stages of execution.

Subjective Phase vs Objective Phase

Subjective Phase portion of the acts constituting a crime, starting from the point
where the offender begins the commission of the crime to that point where he still
has control over his acts.
Objective Phase the result of the acts of execution, that is, the accomplishment
of the crime.
If the subjective and objective phase of the crime have been passed, there is a
consummated felony.