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CRIMINAL LAW NOTES PART 1 -FESTIN’S LECTURE

1. Usually if question is situational, like X and Y. But if complicated ang tanong like X-
Minor, Y-of age, Z- the son of A. So they murdered the father. There’s a qualifying
circumstance of treachery, even if they all committed the crime, consider the personal
circumstances of each. The minor is not criminal, assuming 14 yrs old, no criminal
liability because of Juvenile and Social Welfare Act, exempted. Y committed murder
because of qualifying circumstance of treachery. What about Z, the crime committed is
parricide. There’s a relation with the offended party. Let’s complicate it more. X,Y,Z are
the offenders.. You have A,B,C the victims. A would be a person in authority, B is a
minor. C is of age. XYZ. X and Y killed A, Z killed B and C. Labo labo na sila. – A is
person in authority so its not simple it could lead complex crime of murder with direct
assault. If minor, it would be related to anti child abuse law.
2. Common types of question in crim law.
a. WHAT ARE THE CRIMES COMMITTED? FOR WHAT CRIME IS X LIABLE FOR?
b. WHAT IS THE PARTICIPATION OF A,B,C?
c. WHAT IS THE CRIMINAL LIABLITY OF X? IS X CRIMINALLY LIABLE?
d. PRESENCE OF ATTENDING MITIGATING AND AGGRAVATING CIRCUMSTANCES,
WHAT WOULD BE THE PENALTY TO BE IMPOSED APPLYING ISLAW?

WHAT CRIME IS COMMITTED? WHAT ARE THE CRIMES COMMITTED? For what crime is x liable
for?

Consider the following before answering the question

- Check the elements of the crime


- Is it dolo or culpa?
- Tingnan ang distinctions and similarities of the crime under the RPC.
- Check if it is a complex crime
- Remember the distinction between crimes punished under rpc and speial penal laws
- Or probably no crimes committed
- Check the justifying circumstances or exempting circumstances
- Or what if there is no law punishing it?
- Or the crime of absorption. If murder is absorbed in the crime of rebellion?
- Art 332, if committed by relatives, then that could be an exempting circumstance.
No criminal liability
- Check the Principles of Law (Generality, Territoriality, Prospectively)
- ALSO CHECK ON THE STAGES OF THE CRIME.
- If sinabing what crime is committed. Dalawa yan. Is it what stage of the crime or
what crime mismo.
- Is it an attempt? Frustrated homicide? Or consummated?

ANSWER:
Example: if robbery, theft or piracy. Intent to gain

If murder or homicide, intent to kill. In homicide meron syempre intent to kill. Kaso ag murder
meron qualifying circumstances

If rebellion, or, meron intent to overthrow the government in coup d’ etat to cease or power

Illegal possession of drugs common element is intent to possess

Estafa there’s two ha, abuse of confidence and deceit. Common element is intent to cause
damage or damage

In malversation- misappropriation of public funds committed by public officers

Selling of prohibited drugs- it’s the corpus delicti. The illicit drugs taken from the subject, is it
the same that is presented in court? So kelangan or else it will result to dismissal of the case

There is a chain diyan. Prosecution should prove it

Let’s talk about Dolo or Culpa

DOLO VS CULPA- what separates them? Deceit

What is proper defense in dolo? GOOD FAITH

Is GF also a proper defense in culpa? HINIDI kasi negligence ang pinapunish. Maybe in acting
in good faith ka pero negligence? So defense is due diligence

So dapat meron MENS REA- CRIMINAL MIND and ACTUS REA- CRIMINAL ACT

- Dapat present silang dalawa


- If there is no criminal mind but there is criminal act, there is actus rea but no mens
rea. Example minor ang offender, so no criminal liability

RPC VS SPL

Go to the exercise

- There’s a bar question


- For Dolo
1. X purchased from Y, owner of a grocery store merchandise, worth, P5000.00. He
signed a promissory note for the amount of P5000.00 (Festin changed it from 500 to
5000)payable on or before October 30, 2016. On the date of the maturity of the
promissory note, X gave a check with the bank, the same was dishonored for lack of
funds. Is X liable for estafa?
- Does it follow because that because the check is posdated, it is already estafa?
- Is there employment of deceit? Simultaneous with the issuance of check?
- In this case? There’s none. So hindi liable for estafa
- For culpa

2. In the course of funeral procession, a young mourner who was marching


in front of the funeral hearse, momentarily stopped down to tie her
shoelaces which had become untied, the driver of the hearse, who was
driving at 5 miles an hour, was then looking at the stores by the roadside
and did not see her. He continued to drive on and ran over the girl. When
the people around shouted and gestured , he backed up and run over the
girl a second time, killing her. If you were the parent of the girl-victim,
what crime would you charge, if you think a crime had been committed,
and against whom? Explain your answer briefly.
- Reckless imprudence resulting to homicide
-

Go back daw to discussion

Distinctions of similar crimes but not identical

-robbery, theft and estafa

- robbery and theft common element meron intent to gain, as well as estafa and piracy

- 2 types of robbery

a. with violence against or intimidation against a person

b. with force upon things

Robbery- intent to gain

- What separates it from theft is that there is force upon things


- Meron special complex crime
- Robbery with homicide
- Robbery with arson

robbery with force upon things

- By breaking the wall, floor, door to effect entrance


- By use of FORCE OF THINGS
- But can there be robbery if invited ang guest?
- Yes kapag meron furniture na sinira niya to get something or nilabas niya at sinira
outside

Theft- no force or violence


- Finders keeper is a crime
- If you find something you should return it or else liable ka for theft
- Or enters a close premises
- Or trespass if forbidden or owned by a person not the offender
- Tapos kinuha anh fruits or other products, that’s the common theft
- If may force upon things, robbery nay an

Qualified theft

- Higher penalty
- Committed by a domestic servant
- Grave abuse of confidence
- Motor vehicle is taken
- Ex carnapping
- What’s the difference between taking a motor vehicle and carnapping
- Carnapping, taking of a motor vehicle without the consent of the owner or that it
was taken against will by employing violence or intimidation
- Pagdating sa qualified theft yung physical possession, it was handed to him but it
was not returned to him
- It can even be estafa if a juridical person
- Ex may calamities
- May lumabas sa bar
- May vehicular accident. A and B collided. Both drivers were unconscious. Here comes
a bystander who got hold of the wallet of driver B. what crime is committed? It is
not simple theft but QUALIFIED THEFT.

ESTAFA

- There’s abuse of confidence


- Deceit
- Common element is there is DAMAGE
- Common example is there is MISAPPROPRITAION
- This is committed by commission, trust or administration. He holds the thing not in
the person of an owner but by commission, trust or administration.
- Ex. Things from avon. You need to remit the money if sold. And get a commission.
- Your obligation is to remit the proceeds

OTHER CRIMES (Parricide, infanticide, murder, abortion- magkakamukha na crimes)

Parricide

- How committed?
- Direct line yan. Relatives
- Killing of brother and sister- not parricide
- Killing of father, mother, child, whether legitimate or not, is parricide
- Grandparent- must be legitimate ang relationship. Also if grandchild.
- Spouse- legitimate spouse- also parricide
- Proof of legitimacy is required if required by law

Infanticide

- Killing of a child who is less than 3 days old


- Whether you have a relationship or not
- Kahit anak mo basta 3 days old

Abortion

- Intentional killing
- There’s a bar question in this case
- H and W. W is 6 months pregnant. They had an altercation o the point na H pushed
his wife. She fell down and died instantly. What about the child in the womb who
lived for 6 months. Namatay si wife- parricide. What about the child? Abortion or
infanticide?
- Recall Civil Code. If the age of the child id less than 7 months old, para magkaroon
ng civil personality the child must live within 24 hours reckoned from the time of
separation from the mother’s womb.
- So in this case, 6 months and assuming did not live for 24 hours. So there’s a
complex crime of parricide with infanticide

Difference between murder and homicide

- Similarity is there is intent to kill


- But diff is presence of qualifying aggravating circumstance
- Qualifying changes the nature of a crime
- Ex. Evident premeditation or cruelty or in consideration of a prize
- Art 14
- 1 qualifying aggravating which is not included under art 14
- Scoffing or outraging at the corpse
- This is a Qualifying aggravating in the crime of murder
- Treachery
- Two things to remember 1. No opportunity to defend himself 2. The attack is sudden
and unexpected
- The victim has no inkling that his life is in danger Or to eliminate self defense on the
part of the victim. These two must concur.
- So of the person has the opportunity to defend himself. Like his friend warned him
that B is going to kill A. so na warn na. so not murder but homicide
- So evident premeditation
- 3 instances
- The time that he actually determined to commit the crime
- Acts manifestly showing that he clung to his determination to commit the crime
- Sufficient lapse of time from the time that he determined to the time that he actually
committed the crime
- So there is a time to meditate upon the consequences of the act

WHAT IS THE PARTICIPATION OF A,B,C?

- You have to recall persons criminally liable


- ART 16, 17, 18

WHAT IS THE CRIMINAL LIABLITY OF X? IS X CRIMINALLY LIABLE?

- Falls under Art 4 how criminal liability is incurred


- Common bar question in crim
- Proximate cause, error in personae, error in personam, aberration ictus
- The second paragraph speaks about impossible crime

PRESENCE OF ATTENDING MITIGATING AND AGGRAVATING CIRCUMSTANCES, WHAT IS THE


PENALYTY TO BE IMPOSED AGAISNT X APPLYING ISLAW?

- Remember that these qualifications for ISLAW


- The minimum and maximum penalties
- Applicable to crimes committed in RPC and SPL
- Do not confuse with Probation
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