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Note:
Crimes
against
public
order
(e.g.,rebellion,
coup detat, sedition) committed abroad is
under the jurisdiction of the host country.
Terrorism is now classified as a crime
against
national security and the law of nations.
(See R.A. 9372, Human Security Act of
2007).
Article 3 - Definitions
1. Intentional
Felony
(dolo)
Intelligence,
Criminal
Intent,
Freedom. (Art.3)
Culpable Felony (culpa) Freedom,
Intelligence, negligence, lack of
foresight, or lack of skill.
2. Doctrine Of Last Clear Chance
(a) The contributory negligence
of the party injured will NOT defeat
the action if it be shown that the
accused might, by the exercise of
reasonable care and prudence,
have avoided the consequences of
the negligence of the injured party.
(b) Last Clear Chance is a
defense by the
defendant in a damage suit against
liability by transferring it to the
plaintiff.
(c) Except: The doctrine is not
applicable
in
criminal
cases
because the liability is penal in
nature and thus liability cannot be
transferred to the other party.
[Anuran v. Buno (1966)]
(d) It is not a case between two
parties involved in an incident but
rather between an individual and
the State.
Article 4 Criminal Liability
1. Impossible
Crime
murder. J.Sandoval
to
commit
Consummated,
Frustrated
and
Attempted
Felonies
1. Last rung of the ladder or still
within the fences, it is still part of
the
house,
hence,
frustrated
robbery with force upon things.
2. Penis, although it touched the
vagina, should be capable of
penetration
for
it
to
be
consummated rape, thus, only
attempted rape. There is no actual
bombardment of the draw bridge
which will cause the downfall of the
castle.
3. Where entry into the labia has not
been
established,
the
crime
amounts to an attempted rape.
4. Indeterminate Offense It is one
where the purpose of the offender
in performing an act is not certain.
5. Note: Desistance is true only in the
attempted stage of the felony.
Article
8
Conspiracy
proposal to commit a crime
and
except
cases.
in
rare
and
exceptional
SIX
TYPES
Circumstances:
Exempting
of
Exempting
(1)
(2)
(3)
(4)
(5)
(6)
Imbecility/Insanity
Minority
Accident
Compulsion of irresistible force
Impulse of uncontrollable fear
Insuperable or lawful cause
Mitigating
of
Mitigating
Aggravating
1. 21
Aggravating
Circumstances
under Art. 14:
(1) Taking Advantage of Public
Office
(2) In Contempt of or With Insult to
Public
Authorities
(3) With Insult or Lack of Regard
Due to Offended Party by Reason of
Rank, Age or Sex
(4) Abuse Of Confidence And
Obvious Ungratefulness
(5) Crime In Palace Or In Presence
Of The Chief Executive
(6) Nighttime; Uninhabited Place;
With A Band
(7) On Occasion Of A Calamity
9. To
consider
night-time,
the
commencement and the ending of
the offense should be within the
period of night-time. J.Sandoval
10.People v. Alfanta (1999): There was
ignominy because the accused not
only used missionary position but
also the same position as dogs
do. He also inserted his finger
inside her. Although the dog
position is not novel and often
been used by couples, there is
ignominy if the sexual act is
performed
parties.
not
by
consenting
J.Sandoval
Complex Crimes
Special Complex Crimes
(a) Robbery with Homicide (Art. 294 (1))
(b) Robbery with Rape (Art. 294 (2))
(c) Robbery with Arson
(d) Kidnapping with serious physical
injuries (Art.
267 (3))
(e) Kidnapping with rape
(f) Rape with Homicide (Art. 335)
(g) Arson with homicide
When crimes involved cannot be
legally complexed:
(1) Malicious obtention or abusive service
of search
warrant (Art. 129) with perjury;