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Unformatted text preview: CRIMINAL LAW 2013 GOLDEN NOTES UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW MANILA The UST GOLDEN NOTES is the annual student-edited bar review material of the University of Santo Tomas, Faculty of Civil Law. Communications regarding the NOTES should be addressed to the Academics Committee of the Team: Bar-Ops. ADDRESS: Academics Committee Team Bar-Ops Faculty of Civil Law University of Santo Tomas España, Manila 1008 TEL. NO.: (02) 731-4027 (02) 4061611 loc. 8578 Academics Committee Faculty of Civil Law University of Santo Tomas España, Manila 1008 All Rights Reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal University of Santo Tomas, the Catholic University of the Philippines. 2013 Edition No portion of this material may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied in different electronic devises or in any other form, for distribution or sale, without a written permission. A copy of this material without the corresponding code either proceeds from an illegal source or is in possession of one who has no authority to dispose the same. No. 01 Printed in the Philippines, April 2013. ACADEMIC YEAR 2013-2014 CIVIL LAW STUDENT COUNCIL VICTOR LORENZO L. VILLANUEVA MARIANE TINGCHUY RONN ROBBY ROSALES MARIE SYBIL TROPICALES RAFAEL LORENZ SANTOS LUIS ALFONSO E. ARTAIZ GLORIA ANASTHASIA LASAM PRESIDENT VICE PRESIDENT INTERNAL VICE PRESIDENT EXTERNAL SECRETARY TREASURER AUDITOR PUBLIC RELATIONS OFFICER TEAM: BAR-OPS BIENVENIDO L. MABULAC II VICENTE JAN PLATON III APRIL V. ENRILE ERIKA PINEDA CARLO ARTEMUS V. DIAZ WILFREDO P. SUDIO JR. MHAE ANN V. RIVERA CLARABEL ANNE R. LACSINA VANNESSA ANNE VIRAY HAZEL M. NAVAREZ ARWIN V. CABANTING NATHANIEL LIBERATO CHAIRPERSON VICE-CHAIRPERSON SECRETARY ASST. SECRETARY HEAD, FINANCE COMMITTEE ASST. HEAD, FINANCE COMMITTEE ASST. HEAD, FINANCE COMMITTEE HEAD, HOTEL ACCOMMODATIONS COMMITTEE ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE HEAD, LOGISTICS COMMITTEE ASST. HEAD, LOGISTICS COMMITTEE ATTY. AL CONRAD B. ESPALDON ADVISER ACADEMICS COMMITTEE ALJON D. DE GUZMAN MARK KEVIN U. DELLOSA ANTHONY M. ROBLES CLARABEL ANNE R. LACSINA RAFAEL LORENZ SANTOS JAMES BRYAN V. ESTELEYDES MARIA JAMYKA S. FAMA PAULINE BREISSEE GAYLE D. ALCARAZ ROBBIE BAÑAGA MONICA S. CAJUCOM DOMINIC VICTOR C. DE ALBAN OMAR DELOSO ANNABELLA HERNANDEZ MA. CRISTINA MANZO-DAGUDAG WILLIAM RUSSELL MALANG CHARMAINE PANLAQUE CHAIRPERSON VICE-CHAIR FOR ACADEMICS VICE-CHAIR FOR LAYOUT AND DESIGN MEMBER, LAYOUT AND DESIGN TEAM MEMBER, LAYOUT AND DESIGN TEAM VICE-CHAIR FOR RESEARCH MEMBER, RESEARCH TEAM MEMBER, RESEARCH TEAM MEMBER, RESEARCH TEAM MEMBER, RESEARCH TEAM MEMBER, RESEARCH TEAM MEMBER, RESEARCH TEAM MEMBER, RESEARCH TEAM MEMBER, RESEARCH TEAM MEMBER, RESEARCH TEAM MEMBER, RESEARCH TEAM CRIMINAL LAW COMMITTEE MARY GRACE L. JAVIER LUIS ALFONSO E. ARTAIZ MA. SALVE AURE M. CARILLO ROSECHELAN CHARITY G. ACORDA CHRISTINE DOBEE M. AMPER RAUL ANGELO D. BONGALON KHIEL L. CRISOSTOMO BRYAN ANTHONY C. DIEGO MARIAH-JANINA M. FUGGAN BEA CHRISTINE U. GABRONINO JUAN PAOLO MAURINO R. OLLERO JOSE GABRIEL B. PACHORO CRIMINAL LAW COMMITTEE HEAD ASST. CRIMINAL LAW COMMITTEE HEAD ASST. CRIMINAL LAW COMMITTEE HEAD MEMBER MEMBER MEMBER MEMBER MEMBER MEMBER MEMBER MEMBER MEMBER SANDIGANBAYAN PRESIDING JUSTICE EDILBERTO G. SANDOVAL (RET.) ADVISER FACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS ACADEMIC OFFICIALS ATTY. NILO T. DIVINA DEAN REV. FR. ISIDRO C. ABAÑO, O.P. REGENT ATTY. ARTHUR B. CAPILI FACULTY SECRETARY ATTY. ELGIN MICHAEL C. PEREZ LEGAL COUNSEL UST CHIEF JUSTICE ROBERTO CONCEPCION LEGAL AID CLINIC ATTY. AMADO E. TAYAG SWDB COORDINATOR LENY G. GADANIA, R.G.C. GUIDANCE COUNSELOR OUR DEEPEST APPRECIATION TO OUR MENTORS & INSPIRATION DEAN CARLOS M. ORTEGA PRESIDING JUSTICE EDILBERTO G. SANDOVAL JUDGE OSCAR PIMENTEL JUDGE RICO SEBASTIAN D. LIWANAG JUDGE PHILIP A. AGUINALDO PROSECUTOR VICTORIA C. GARCIA PROSECUTOR EMMANUEL Y. VELASCO For being our guideposts in understanding the intricate sphere of Criminal Law. - Academics Committee 2013 DISCLAIMER THE RISK OF USE, MISUSE OR NONUSE OF THIS BAR REVIEW MATERIAL SHALL BE BORNE BY THE USER/ NON-USER. Criminal Law BOOK 1 A: The power to punish violators of criminal law comes within the police power of the State. It is the injury inflicted to the public which a criminal action seeks to redress, and not the injury to the individual. FUNDAMENTAL PRINCIPLES DEFINITION OF CRIMINAL LAW Q: What are the sources of criminal law in the Philippines? Q: What is criminal law? A: Criminal law is that branch of law, which defines crimes, treats of their nature, and provides for their punishment. A: 1. The Revised Penal Code (Act No. 3815) and its amendments 2. Special penal laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Batasang Pambansa, and Congress of the Philippines 3. Penal Presidential Decrees issued during Martial Law by President Marcos. 4. Penal Executive Orders issued during President Corazon Aquino’s term. Q: What are the theories in criminal law? A: 1. Classical theory – The basis of criminal liability is human free will and the purpose of the penalty is retribution. It is endeavored to establish a mechanical and direct proportion between crime and penalty, and there is scant regard to the human element. Q: What are the basic maxims in criminal law? Note: The RPC is generally governed by this theory. 2. A: 1. Nullum crimen, nulla poena sine lege (There is no crime when there is no law punishing the same) – No matter how wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered a crime. Positivist theory – The basis of criminal liability is the sum of the social, natural and economic phenomena to which the actor is exposed. The purposes of penalty are prevention and correction. This theory is exemplified in the provisions regarding impossible crimes (Art. 4), the mitigating circumstances of voluntary surrender and plea of guilty (Art. 13, par. 7) and habitual delinquency. 3. Eclectic or Mixed theory – It is a combination of positivist and classical thinking wherein crimes that are economic and social in nature should be dealt in a positive manner, thus, the law is more compassionate. Ideally, the classical theory is applied to heinous crimes, whereas, the positivist is made to work on economic and social crimes. 4. Utilitarian or Protective theory- The primary purpose of punishment under criminal law is the protection of society from actual and potential wrongdoers. The courts, therefore, in exacting retribution for the wronged society, should direct the punishment to potential or actual wrongdoers since criminal law is directed against acts or omissions which the society does not approve. Consistent with this theory is the mala prohibita principle which punishes an offense regardless of malice or criminal intent. Actus non facit reum, nisi mens sit rea (The act cannot be criminal where the mind is not criminal) – This is true to a felony characterized by dolo, but not to a felony resulting from culpa. 3. Doctrine of Pro Reo – Whenever a penal law is to be construed or applied and the law admits of two interpretations, one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted. 4. Actus me invito factus non est meus actus (An act done by me against my will is not my act) – Whenever a person is under a compulsion of irresistible force or uncontrollable fear to do an act against his will, in which that act produces a crime or offense, such person is exempted in any criminal liability arising from said act. Q: How does the Doctrine of Pro Reo relate to Article 48 of the Revised Penal Code? (2010 Bar Question) A: Following the Doctrine of Pro Reo, crimes under Art. 48 of the RPC are complexed and punished with a single penalty (that prescribed for the most serious Q: What is the legal basis for punishment? UNIVERSITY OF SANTO TOMAS 2013 GOLDEN NOTES 2. 8 FUNDAMENTAL PRINCIPLES crime and to be imposed in its maximum period). The rationale being, that the accused who commits two crimes with a single criminal impulse demonstrates lesser perversity than when the crimes are committed by different acts and several criminal resolutions (People v. Camadre, 431 SCRA 366). However, Art. 48 shall be applied only when it would bring about the imposition of a penalty lesser than the penalties imposable for all the component crimes if prosecuted separately. MALA IN SE AND MALA PROHIBITA Q: Distinguish the respective concepts and legal implications between crimes mala in se and crimes mala prohibita? (2003 Bar Question) A: MALA IN SE There must be a criminal intent Q: What is the definition of a crime? Wrongful from their nature Intent governs A: A crime is the generic term used to refer to a wrongdoing punished either under the RPC or under a special law. Punished under the RPC Q: What are the various classifications of crimes? MALA PROHIBITA Sufficient that the prohibited act was done Wrong merely because prohibited by statute Criminal intent is not necessary Violations of special laws Note: Not all violations of special laws are mala prohibita. Even if the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless it is the product of criminal negligence or culpa. A: 1. As to the manner or mode of execution (Art. 3) a. Dolo or felonies committed with deliberate intent b. Culpa or those committed by means of fault 2. As to the stage of execution (Art. 6) a. Consummated b. Frustrated c. Attempted 3. As to gravity (Art. 9) a. Light felonies b. Less grave felonies c. Grave felonies 4. As to nature a. Mala in se b. Mala prohibita 5. As to count a. Compound b. Composite or special complex c. Complex, under Art. 48 d. Continued e. Continuing 6. As to division a. Formal felonies – those which are always consummated. (e.g. physical injuries) b. Material felonies – those which have various stages of execution. c. Those which do not admit of the frustrated stage. (e.g. rape and theft) As to legal implications Good faith or lack of Good faith or lack of criminal intent/ criminal intent is not a negligence is a defense defense; it is enough that the prohibition was voluntarily violated Criminal liability is Criminal liability is incurred even when the generally incurred only crime is attempted or when the crime is frustrated consummated Mitigating and Such circumstances are aggravating not appreciated unless circumstances are the special law has appreciated in imposing adopted the scheme or the penalties scale of penalties under the RPC Q: What are violations of special laws which are considered mala in se? Q: What is a special law? A: The following violations under PD 532 are considered mala in se: 1. Piracy in Philippine waters 2. Brigandage in the highways A: It is a penal law which punishes acts not defined and penalized by the RPC. They are statutes enacted by the Legislative branch, penal in character, which is not an amendment to the RPC. 9 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW Criminal Law Note: Likewise, when the special laws require that the punished act be committed knowingly and willfully, criminal intent is required to be proved before criminal liability may arise. d. Q: If a special law uses the nomenclature of penalties in the RPC, what is the effect on the nature of the crime covered by the special law? i. ii. A: Even if a special law uses the nomenclature of penalties under the RPC, that alone will not make the act or omission a crime mala in se. The special law may only intend the Code to apply as a supplementary. (People v. Simon, G.R. No. 93028, July 29, 1994) Q: How are penal laws construed? A: When the law is clear and unambiguous, there is no room for interpretation but only for the application of the law. However, if there is ambiguity: 2. 2. Territoriality – The penal laws of the country have force and effect only within its territory. XPNs: Art. 2 of the RPC Penal laws are strictly construed against the State and liberally in favor of the accused. In the interpretation of the provisions of the RPC, the Spanish text is controlling. 3. SCOPE OF APPLICATION AND CHARACTERISTICS OF THE PHILIPPINE CRIMINAL LAW Prospectivity/Irretrospectivity – Acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect. XPN: Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused. GENERALITY, TERRITORIALITY AND PROSPECTIVITY Q: What are the three cardinal features or main characteristics of Philippine criminal law? (1998 Bar Question) Note: The retroactive effect shall benefit the accused even if at the time of the publication of the law, a final judgment has been pronounced and the convict is serving sentence. A: 1. Generality – The criminal law of the country governs all persons who live or sojourn within the country regardless of their race, belief, sex, or creed. XPNs to the XPN: The new law cannot be given retroactive effect even if favorable to the accused: a. When the new law is expressly made inapplicable to pending actions or existing causes of actions. (Tavera v. Valdez, 1 Phil 463) b. When the offender is a habitual criminal. (Art. 22, RPC) XPNs: a. Treaty stipulations and international agreements, e.g. RP-US Visiting Forces Accord. b. Laws of Preferential Application, e.g. R.A. 75 penalizes acts which would impair the proper observance by the Republic and its inhabitants of the immunities, rights, and privileges of duly-accredited foreign diplomatic representatives in the Philippines. c. The principles of public international law UNIVERSITY OF SANTO TOMAS 2013 GOLDEN NOTES Examples: Sovereigns and other Chiefs of States Ambassadors, ministers, plenipotentiary, ministers resident, and charges d’ affaires. Note: Only the heads of the diplomatic missions, as well as members of the diplomatic staff, excluding the members of administrative, technical and service staff, are accorded diplomatic rank. Consuls, vice-consuls, and other commercial representatives of foreign nation are not diplomatic officers. Consuls are subject to the penal laws of the country where they are assigned (Minucher v. CA, G.R. No. 142396, February 11, 2003). CONSTRUCTION OF PENAL LAWS 1. Members of the Congress are not liable for libel or slander in connection with any speech delivered on the floor of the house during a regular or special session. (Art. IV, Sec. 11, 1987 Constitution) Q: What are the two scopes of application of the RPC? A: 1. 10 Intraterritorial – refers to the application of the RPC within the Philippine territory (Art. I, 1987 Constitution). FUNDAMENTAL PRINCIPLES 2. Extraterritorial – refers to the application of the RPC outside the Philippine territory. Q: What is the French rule? A: The French rule recognizes the jurisdiction of the flag of the country for crimes committed on board the vessel except if the crime disturbs the peace and order and security of the host country. Q: In what cases does the RPC have an extraterritorial application? A: Against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations. (Art. 2, RPC) Q: What is the English rule? A: The English rule recognizes that the host country has jurisdiction over crimes committed on board the vessel unless they involve the internal management of the vessel. Q: What is the rule on foreign merchant vessels in possession of dangerous drugs? A: 1. In transit – possession of dangerous drugs is not punishable, but the use of the same is punishable. 2. Not in transit – mere possession of dangerous drugs is punishable. Q: What is a Philippine ship? Q: When is forgery committed? A: One that is registered in accordance with Philippine laws. If the vessel is in the high seas, it is considered as an extension of the Philippine territory. But if the vessel is within the territory of another country, jurisdiction is generally with the foreign State because penal laws are primarily territorial in application. A: Forgery is committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true genuine document or by erasing, substituting, counterfeiting or altering, by any means, the figures, letters, words or sign contained therein. Note: If forgery was committed abroad, it must refer only to Philippine coin, currency note, or obligations and securities. Obligations and securities of the GSIS, SSS, and Landbank are NOT of the government because they have separate charters. Note: But Philippine warship and the official vessel of the President of the Philippines, wherever they are, are extensions of the Philippines and its sovereignty. Q: What are the requirements of “an offense committed while on a Philippine ship or airship?” Those who introduced the counterfeit items are criminally liable even if they were not the ones who counterfeited the obligations and securities. On the other hand, those who counterfeited the items are criminally liable even if they did not introduce the counterfeit items. A: 1. The ship or airship must be registered with the Philippine Bureau of Customs. 2. The ship must be in the high seas or the airship must be in international space. Q: When does a public officer or employee commit an offense in the exercise of their functions? Q: What are the two recognized rules on jurisdiction over merchant vessels? A: As a general rule, the RPC governs only when the crime committed pertains to the exercise of the public official’s functions, those having to do with the discharge of their duties in a foreign country. The functions contemplated are those, which are, under the law, to be performed by the public officer in the Foreign Service of the Philippine government in a foreign country. A: The French rule and the English rule. These rules refer to the jurisdiction of one country over its merchant vessels situated in another country. These do not apply to war vessels over which a country always has jurisdiction. 11 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW Criminal Law Note: This rule is not absolute. The RPC governs if the crime was committed within the Philippine Embassy or within the embassy grounds in a foreign country. This is because embassy grounds are considered an extension of sovereignty. 4. An absolute repeal of a penal law has the effect of depriving the court of its authority to punish a person charged with violation of the old law prior to its repeal, except when: (a) there is a saving clause in the repealing statute that provides that the repeal shall have no effect on pending actions (b) Where the repealing act reenacts the former statute and punishes the act previously penalized under the old law. (SEC v. Interport Resources Corporation, G.R. No. 135808 reiterating Benedicto v. C.A) 5. If a penal law is expressly repealed by another law, the crime is obliterated, and if there is a pending criminal action at the time of the repeal, the same is to be dismissed. The retroactivity of the repeal extends even to one convicted under the repealed law and serving sentence by virtue of final ju...
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