I.

State the characteristics of criminal law and discuss:

1. Generality. The penal law of the country is binding on all persons who live and
sojourn in Philippine territory, subject to the principle of public international law
and top treaty stipulations.

2. Territoriality. Penal laws of the country have force and effect only within its
territories. Article 2 of the Revised Penal Code embraces two scopes of
applications: 1) Intraterritorial and 2) Extraterritorial

3. Prospectivity. Acts or omissions will only be subject to a penal alw if they are
committed after a penal law has taken effect.

II. Discuss the different stages in the commission of a felony.

1. Internal acts, such as mere ideas in the mind of a person, are not punishable
even if, had they been carried out, they would constitute a crime

2. External acts cover a) preparatory acts and b) act of execution. Ordinarily,

preparatory acts are not punishable, except when the law provides for their
punishment in certain felonies. Acts of execution are punishable under the
Revised Penal Code. The stages of execution: 1) attempted, 2) frustrated and 3)
consummated are punishable.

III. From the standpoint of legal effect and weight, how would you distinguish generic
aggravating circumstances (GAC) from qualifying aggravating circumstances (QUAC)?
1. The effect of a generic aggravating circumstance (GAC), not offset by any
mitigating circumstance, is to increase the penalty which should be imposed
upon the accused to the maximum period, but without exceeding the limit
prescribed by law; while that of a qualifying aggravating circumstance is not only
to give the crime its proper and exclusive name but also to place the author
thereof in such a situation as to deserve no other penalty than that specially
prescribed by law for said crime.

2. A qualifying aggravating circumstance cannot be offset by a mitigating

circumstance; a generic aggravating circumstance may be offset by a mitigating
circumstance.

3. A qualifying aggravating circumstance to be such must be alleged in the

information. If it is not alleged, it is a generic aggravating circumstance.

IV. During his quarrel X punched Y….

False. The offender is criminally liable for all the natural and logical
consequence of his felonious act, although not intended, if the felonious act is
the proximate cause of the resulting harm. X can avail of a mitigating
circumstance on the grounds that he had not intended to commit so grave a
 wrong. There is also a notable disproportion between the means employed by X
and the resulting death of Y.

V. What must be shown in order that cruelty and ignominy may be appreciated against the
accused?
Ignominy as an aggravating circumstance requires that the offense be
committed in a manner that tends to make its effect more humiliating to the
victim, that is, add to his moral suffering. The ignominious act must be
committed while the victim was still alive, that its commission was purposely
sought by the actor or that he deliberately employed means to add ignominy to
the natural effects of the crime.

Cruelty refers to the physical sufferings of the victim intended by the

offender. The wrong done must be performed while the victim was still alive.
For cruelty to exist, it must be shown that the accused enjoyed and delighted in
making his victim suffer slowly and gradually, causing him unnecessary physical
or moral pain in the consummation of the act.

VI. Distinguish ordinary mitigating circumstances from privileged mitigating circumstances.

A generic aggravating circumstance (GAC) can offset an ordinary

mitigating circumstance, but not a privileged mitigating circumstance (PMC).

Nothing can offset a PMC.

An OMC lowers the penalty by a period only, but no limit as there are
OMC’s proved. While a PMC lowers the penalty by one or two degrees, as the
case may be.

An OMC applies only to divisible penalties. A PMC applies to both

divisible and indivisible penalties. Two OMC’s sans generic aggravating
circumstance (GAC) partake of the nature of a PMC.

GAC = OMC
PMC is King!
OMC lowers the penalty by a period
PMC lowers the penalty by a degree
OMC applies only to divisible
PMC applies to both divisible and indivisible
2 OMC’s = PMC
VII. Y escaped from detention, ordered by the police to stop…Police fired warning shots
then shot him because of the policeman’s sincere belief that Y will elude him. Is the
police criminally liable?

False. The killing was done in the performance of a duty. The deceased
was under the obligation to surrender and had no right to commit assault on the
officer to evade assault.

VIII. What are the conditions in order that an act be said to have been committed with
treachery?

To appreciate treachery, two conditions must be present:

1. The employment of means of execution that give the person attacked no
opportunity to defend himself or to retaliate;
2. The means and execution were deliberately or consciously adopted

IX. Distinguish DOLO from CULPA.

There is DOLO (deceit) when the act is performed with deliberate
intent and there is CULPA (fault) when the wrongful act results from
imprudence, negligence, lack of foresight and lack of skill. Felonies are
committed not only by deceit (DOLO) but also by fault (CULPA).

DOLO – freedom, intelligence, intent FII

CULPA – freedom, intelligence, negligence, imprudence FINI

X. In what instances are ordinary mitigating circumstances not applicable?

It is not applicable in violation of any special penal laws.