7/31/2019 Crim Notes 2012

1/10

2012 Criminal Law Review Notes:

June 14, 2012: Coverage: prelim title; Arts. 1-2; VFA

Q: What is Criminal Law?

Q: Is Criminal Law the same as the Revised Penal Code?A: No.

Q: What is the distinction between Criminal Law and Criminal Procedure?Q: As to nature?Q: As to applicationQ: As to enactment or where does it emanate from?

Q: What is the law that created the committee to revise the Spanish Penal Law?A: DOJ Administrative No. 94Q: When did the Spanish Penal law take effect?A: July 14, 1887

Q: What were the things taken into consideration to contain in the Revised Penal Code?A: provisions of the Spanish Penal Coe, US Penal Code, Supreme Court decisions

before the RPC both of the Philippines and of Spain

Q: Is the power of Congress to enact penal laws absolute?A: As a general rule, yes however, as an exception, it should not violate the Bill ofRightsgive examples under the Bill of Rights

Q: What are the sources of Criminal Law?A; RPC, Special Penal Laws enacted by Congress, Penal Presidential Decrees issuedduring Martial LawQ: Does the President or the Office of the President have the power to enact penal lawsor issue penal decrees?A: No. It is vested solely on the LegislatureMarcos' era was an exception because the power of the executive and the legislativethen only belonged to one PERSON

7/31/2019 Crim Notes 2012

2/10

Q: What are the theories in criminal law?A: Classical, Positivist, MixedQ: Distinguish Classical from Positivist

Q: Explain it in your own words:as to objective, as to how man is perceived, and as to emphasis:A: Classical - retribution, man is a rational being, on the crimePositivist - reformation, man is a moral being, on the criminalQ: Give examples of laws under ClassicalA: Those crimes punished by Death, Life imprisonment or Reclusion Perpetuasuch as RA 7659, RA 9372Q: Why?A: No more reformation!Q: Give examples of laws under Positivist or RealisticA: Probation Law, ISLaw, Juvenile Justice and Welfare Act (perfect example daw)Q: What are the Fundamental principles of Criminal Law? Explain each brieflyA: Nationality, Territoriality, Prospectivity

Nationality principle: criminal law is binding on all persons who live or sojourn in thePhilippine territory regardless of race, nationality, and other personal circumstancesQ: is this Absolute?

A: No.Q: What are the exceptions?A: Treaties and Laws of Preferential ApplicationQ: How about TerritorialityA: No; there are exceptions: Treaties and Laws of Preferential ApplicationQ: Why do you prosecute a crime in the name of Pp vs ___?A: Because a crime is an offense against the dignity, authority and sovereignty of thePhilippine territory and it is also an offense against the publicQ: What are the types of repeal?Q: What are the effects?Q: What is the status?Q: Why?Q: What happens to the person serving sentence?Q: What happens to the pending case?Q: Why is criminal law construed strictly against the state and liberally in favor of the

7/31/2019 Crim Notes 2012

3/10

accused?A: Bec. it will deprive the person of his life, liberty, or propertyQ: Can you give an example of a law regarding the "except on treaties" based onterritoriality

A: VFAQ: why is it an exception to both the nationality and territoriality principle?A:Q: Who are persons covered by VFA?Q: WHat are the crimes covered by the VFA referring to the place of commission?Q: Where should they be committed?A: Phil. territoryQ: What is the effect of VFA?A: They are not covered by the RPC, not subject to criminal prosecution by the PhilcourtsQ: What do you mean by exclusive jurisdiction?Q: Under the VFA, when may US authorities exercise exclusive jurisdiction on crimescommitted by the US personnelA: Acts against national security of US and acts nor punishable by Phil laws.Q: How about the Phils, when may it exercise exclusive jurisdiction?A: National security of PH, and not punishable by US laws. in all other cases, PH courtsshall exercise jurisdiction

Q: When is the primary right of US to exercise jurisdiction over certain cases?A: National security cases of US govtQ: give the other oneQ: Crime by US personnel against US security, supposing it is punishable only in theUS, who has jurisdiction?A: USAQ: Crime against national security of US and punishable by Phil laws, who has

jurisdiction?Q: Who has primary right?A: USAQ: When the act of US personnel is against property of the US govt (is intent material),who has jurisdiction?Q: US Marine sergeant driving a US marines car, he stopped the military jeep and set iton fire, what is the crime?Q: Is it a crime against the US Govt?

7/31/2019 Crim Notes 2012

4/10

A: YesQ: May he also be tried in the Phil courts?Q: Does the US exercise primary right over that case?Q: Supposing the driver is a Filipino citizen, who has jurisdiction?

A: USA. What is important is membership in the US Military not citizenshipQ: An abu sayyaf member of the US military, is he under the jurisdiction of the US?A: No?Q: What other exceptions on US having primary jurisdiction?Q: Supposing US personnel #1 took the check of US personnel #2, and deposited it tohis account, may the US acquire jurisdiction?Q: Is it a crime against property or a crime against public interest.A: it is a crime against public interestQ: Both Filipino citizens, connected to the US, both went to a town fiesta, M1 shot M2,they are both Filipinos, which court has jurisdiction?A: USQ: Why?A: It is a crime against the person of the US personnelQ: If a crime is both punishable and cognizable by US and PH courts, and US wants totake cognizance, as a judge, will you grant the waiver or deny it?A: GrantQ: Why?

A: Provision that the Phils. WILL grantQ: Can you file a civil case?A: Yes but in crim, you have no recourseQ: What is the consolation of the Phils?A: Phil courts can deny when crimes of national importance were committedQ: Such as?A: Violation of RA 7659, RA 7610, and DDAQ: Give another example of law re Generality and preferential applicationA: RA 75 on diplomatic immunity, PD 1620 IRRI, ADB, Muslims can't be convicted ofBigamy (explain further)Q: Is the constitution also a law of Preferential application?A: YESQ: Give a certain provision of law in the ConstiA: President cannot be prosecuted, VP, Sen. Pres, House Speaker, Justices of the SC,Ombudsman,COMELEC, CSC, COA

7/31/2019 Crim Notes 2012

5/10

Q: May then CJ Corona be liable for Plunder, Perjury?A: YES. He is no longer immune

Q: Give the theories of French and English Rule

Q: What is the French rule about?Q: Which country has jurisdiction?Q: The flag country, or the country where the vessel is registeredQ: What is the English Rule about?Q: Which country has jurisdiction?Q: Which is followed in the Phils?A: English RuleQ: Why?A: Bec. of the territoriality principleQ: What is necessary in Par. 1 section 2?A: That it is registered under the Philippine laws and in the MARINAQ: Where should it be committed?A: International waters and not in any other countryQ: What is a philippine airship or ship?A: A private or merchant vesselQ: Why is it that a Philippine warship (if ever we have one) is not covered by par. 1art.2?

A: Because it is considered in the principle of international law that a warship isconsidered as an extension of the country's sovereignty and territoryQ: If a crime committed on board a Phil ship is committed in Vietnam, which country has

jurisdiction?A: VietnamQ; What are the rules under Art. 2?

June 16, 2012

Q: Give laws of preferential application in PILA: Doctrine of diplomatic immunity, warship rule, embassiesQ: Differentiate consular officers vs ambassadorsQ: Ambassador of Japan to the US in the Philippines. May he be prosecuted in thePhils?

7/31/2019 Crim Notes 2012

6/10

A: YesQ: WHy?A: He is not an ambassador of Japan to the Philippines, not duly recognized. He's anordinary person in the Philippines

Q: Ambassador who is yet nominatedA: Still yes. He's not yet duly accredited, therefore not covered by diplomatic immunity.He has not shown his credentials yetQ:Director of WHO, ran over a child, died. May he be prosecuted?A: No. WHO is a specialized agency of the UN and we have a treaty with them.Agreement in 1953 signed in Geneva which includes Executive officials of the UN andWHOQ: You invited your neighbor to the US embassy, inside one of the CRs you shot him,may you be prosecuted?A: No. foreign soil alreadyQ: Why?A: Embassy is an extension of sovereignty of a foreign countryQ: Supposing you killed someones outside, you went inside the US embassy, may yoube prosecuted? Arrested?A: No. US embassy is still part of the US territory. Phil laws cease to exist. You'resubject to the laws of the US and authorities cannot pursue youQ: What is that legal way?

A: ExtraditionQ: You're part of a rally, shot a police, jumped over the fence of the US embassy, canyou say come and get me to the police?A: YES. Foreign territoryQ: What is the warship rule?A: Warships are considered extensions of territoryQ: Phil warship while cruising in the waters of Australia, Filipino crew shot another, whohas Jurisdiction?A: PhilippinesQ: USS Clinton docked at Subic, opened for public viewing, you invited GF, youcommitted acts of lasciviousness, can you be prosecuted?A: No. US Court shall be the one. It is still a part of the US territoryQ: What is the second instance of Art. 2?A:Q: Can you give an example of counterfeiting of currency notes?

7/31/2019 Crim Notes 2012

7/10

Q: Supposing, a taiwanese owns a printing shop, he printed bogus 1000 pesos intaiwan, arrested in boracay when he visited PH, allowed?A: Yes, Why? Art. 2 par 2Q: Chinese has factory in China, forged bogus coins in CHina, may he be prosecuted

here?A: YesQ: Give examples of obligations/ securities of PHA: Sweepstakes, lotto, tbillsQ: You want to falsify those sweepstakes, went to HK to make it the best falsified lottoticket, after which you returned to the Phils, may you be prosecuted?A: No. Par. 3 appliesQ: Printing of bogus 1000 bills in Taiawan, sent to the Philippines, may he be liable?A: Yes, Par. 2Q: Give an example of Par.4Q: Supposing a Finance officer in the Phil. embassy in Australia appropriated 100,00what crime was committed?A: MalversationQ: Is RA 3019 included?A: YEsQ: May he also be prosecuted for RA 3019?A: No, Art. 2 limits only the application of RPC not included ang SPLs

Q: NBN-ZTE case. GMA, FG, Abalos and Leandro Mendoza. What is the crime foreach?A: GMA and Mendoza, Direct Bribery. Abalos and FG, noneQ: Give last 2 instances of Art. 2Q: On Piracy, what kind is contemplated?A: Piracy under the RPCQ: Why?A: Bec. Piracy in RPC includes high seas, considered crime against law of nations. PD532 is only for PH watersQ: Conspiracy to commit coup, conspiracy to commit rebellion, conspiracy to commitsedition, can they be arrested here if all committed in HK?A: NO. they are crimes against public orderQ: What is a felony?A: Felony is an act or omission punishable by the Revised penal code and these actsand omissions are voluntary

7/31/2019 Crim Notes 2012

8/10

Q: HOw may it be committed?A: A felony is committed either by deceit or culpaQ: When is the dolo, when is there culpa?A: there is deceit when there is deliberate intent. there is culpa when there is

negligence, imprudence, or lack of skill, or lack of foresightQ: What do you call amendments to the RPC?A: FeloniesQ: Acts and offenses punishable by special penal laws, what are they?A: OffensesQ: those punishable by ordinance?A: MisdemeanorQ: What is a crime?A: An encompassing term which consists of felony, offense, and misdemeanorQ:Distinguish between Mala in se and mala prohibitaQ: But in special penal laws, there are terms which are the same as the RPC such asReclusion Perpetua and RT, dont they make it a felony?A: NoQ: Why?Q: Give an example of a felony by omissionA: Illegal exaction, abandonment of person in danger in an uninhabited place,misprision of treason, failure to render account, illegal exaction, infidelity in custody,

conniving with or consent to free a prisonerQ: What are the elements of felonies?A: Act or omission, punishable by RPC, with voluntarinessQ: What is an act?Q: Without bodily movement can you be liable?A: NO.Q: Thoughts of killing sir, can you be prosecuted?A: NOQ: is this absolute?A: NO.Q: Why?A: Conspiracy to commit treason is punishableQ:What about an impossible crime?Q: Os there still an act?Q: Is there a crime committed?

7/31/2019 Crim Notes 2012

9/10

A: YesQ: What is the defense in an act or omission?A: Alibi, easily concocted, ; also general denialQ: How do you know if it is not punishable?

A: By reading the language of the lawQ: Charge is not included in RPC. Liable?A: No. Do not go beyond the language of the law. No one can be convicted by reason ofspirit of the lawQ: If there is no intelligence, freedom, intent, is there a crime?A: No. AcquitQ: What is the defense to destroy a presumption of criminal intent?A: Good faith, particularly Honest mistake of factQ: Is there any other?A: Justifying circumstanceQ: In Special Penal laws, is good faith a defense?A: NOQ: Is failure to include assets in your SALn an offense?A: yesQ: Is GF a defense?A: noQ: In carrying an unlicensed firearm, police caught you, is good faith a defense?

A: No. Mere possession of unlicensed firearm is prohibitedQ: Camp Crame to apply, completed requirements, several months already passed, raidheld in your house, firearm found under your pillow, may you be convicted?A: No. est deviation PP. vs Mallari, bec. you had the intention to get a license.government's faultQ: Brgy official caught by military during an election ban when he collected guns. liable?A: 2nd deviation, in the performance of his duty, he cannot be convicted becausesubstantial justice shall govern over procedural lawQ: Unlicensed firearm, took from your table, he's prosecuted for theft and illegalpossession, what crimes will prosper?A: Theft only.Q: Why?A: Possession is mere transientSame h.w plus cases of PP vs Inot and PP vs Jacinto

7/31/2019 Crim Notes 2012

10/10