People v Sabun c What is the relation between dolo and special law Dolo is not

People v sabun c what is the relation between dolo

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punished under special laws. (People v. Sabun) c. What is the relation between dolo and special law Dolo is not required in crimes punished by a special statute because it is the act alone, irrespective of the motives which constitute the offense. When it was proved that petitioner committed the unlawful acts alleged in the information, it was properly presumed that they were committed with full knowledge and with criminal intent, The provisions of the Revised Penal Code on penalties cannot be applied to offenses punishable under special laws. Offenses under special laws, not subject to the provisions of this Code relating to attempted and frustrated crimes. By virtue of the provision of the first part of this article, it was held The special law has to fix penalties for attempted and frustrated crime When a special law covers the mere attempt to commit the crime defined by it, the attempted stage is punishable by the same penalty provided by that law. Atty. Degoma Input Not all special laws are mala prohbita e.g RA No. 7775 (Anti Voyeurism or Hayden Kho Law) or RA No. 9238 (Human Trafficking Law) And Not all RPC are mala in se e.g possession of picklocks – preparatory act for robbery
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and it was incumbent upon him to rebut such a presumption. (Lim v. CA) that the attempted or the frustrated stage of the execution of an offense penalized by a special law is not punishable, unless the special law provides a penalty therefor. (U.S. vs. Lopez Basa) The ruling in the case of U.S. vs. Basa,, is still good, notwithstanding the case of Navarra vs. People, 96 Phil. 851, where it is stated that the prohibition against the interest in municipal contracts includes all the steps taken to consummate the contract, that is, frustrated and attempted stages are included. Art. 10, R.P.C. is not applicable to punish an accomplice under the special law. Special laws amending the Revised Penal Code are subject to its provisions (People vs Macatanda) Why is there a need for modifying circumstances Every RPC penalty is prescribed for 1. consummated felonies 2. and against the principal offenders GR: The RPC is primarily classical. WHERE, penalties are predetermined REGARDLESS of the moral state of the offender Hence the need for circumstances to modify criminal liability taking into consideration 1. the moral, emotional, and mental state of the offender 2. and the circumstances when the offense was committed A. WHAT CIRCUMSTANCES DO AFFECT CRIMINAL LIABILITY 1. Justifying Circ (Art 11) 2. Exempting Circ (Art 12) 3. Mitigating Circ (Art 13) 4. Aggravating Circ (Art 14) 5. Alternative Circ (Art 15) 1. Justifying Circ (Art 11) 2. Exempting Circ (Art 12) and other absolutory causes (Arts 20, 124, 280, 332, and 344) 3. Mitigating Circ (Art 13) 4. Aggravating Circ (Art 14) 5. Alternative Circ (Art 15) 1. Justifying - Removes or is without criminal liability 2. Exempting – Removes or is without criminal liability 3. Mitigating – reduces criminal liability 4. Aggravating – increases criminal liability 5. Alternative – either increase or reduce depending upon the situation obtaining in the
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  • Spring '17
  • john doe

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