criminal law1 (2)
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Criminal Law
Atty Ernesto Rapon
March 25, 2009
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Criminal law(Atty Ernesto Rapon)
Revised Penal Code Major penal law in RP
CARTS Coup de etat
Arson
Rebellion
Treason
Sedition Mere conspiracy in these is already punishable
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Penalties
Grave felony Filed w/in 36hrs
6yrs + 1 day up to 20 yrs Less grave
Filed w/in 18hrs
6mos + 1 day up to 6 yrs
Light felony Filed w/in 12hrs
10days to 6mos
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Exemption from liability1. Self-defense
Unlawful aggression Reasonable necessity of means used No part therein
2. Relative defense
Up to 4thcivil degree or first cousin Basis of computation:
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Lucid interval Time when the insane becomes sane
3. Insanity
4. Adult but mind is of 3yrs below5. Below 9 yrs old
6. Art 12, par 4: any person while performing a lawfulact w/ due care does an act w/c causes damage to
another by mere accident w/o fault or intention ofcausing it Criminally exempted but civilly liable
7. Art 12, par 5: any person who acts due to irresistibleforce (shotgun, physical force)
8. Any person who acts under impulse of uncontrollablefear
9. Beyond control to perform duties
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Mitigating Circumstances
Penalty is reduced (mitigate)1. Requisites not complete
2. Voluntary (admission of guilt befor evidence
presentation)3. Over 70yrs old
4. Willpower of offender is diminished
5. Immediate vindication
6. No intention to commit so grave a wrong7. Deaf, dumb, blind
8. Sufficient provocation of the offended party
9. Passion (analogous to jelousy)
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Aggravating circumstances
Penalty is increased (aggravate)1. Crime committed w/ intent2. Crime committed w/ aid of armed men3. In nocturnity/dark/night time4. In the dwelling of offended party
5. In obvious ungratefulness6. Recidivism7. In palace of chief executive8. Because of reward9. w/ ignominy (not normal way of doing it/adding insult to injury)10. w/ evident pre-meditation
11. Superior strength or weaken defense12. In treachery13. Unlawful entry14. Shipwreck, calamity, etc15. craft./fraud/disguise16. Augmented
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Alternative Circumstances
Can either be aggravating or mitigatingdepending on the situation
1. Relationship Against chastityalways aggravating
2. Degree of instruction/education
3. Degree of
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Liable
1. Principal Direct participation, induce others, indispensable cooperation Without w/c the act would not be possible
2. Accomplice
Not necessary that he acted Lent a gun
3. Accessories No participation in commission of crime but have knowledge Kinds:
1. Assist offender to profit from its effect
2. Concealing the evidence of crime to prevent discovery except w/members of family3. Assistance in escape of criminal by a public official
Art 20: Penalties to accessories If Family member as offender, not criminally liable to assist him
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Special Penal LawsAlways a consummated crime
Malice or criminal intent is not an element No mitigating or aggravating circumstances
Revised Penal Code
attempted., frustrated & consummated Malice & criminal intent are present
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Crimes VS National Security
Treason Committed by a Filipino citizen waging war VS the government of RP Conspiracy or mere proposal is already punishable Misprision of treasonconcealing of the treasonous plans VS the government
Espionage Taking & giving of documents relative to defense of the country by an authority
or public official
Piracy Attacking/taking/bombarding of a vessel Occupy vessel and take contents By pirates and not passengers of the vessel
For Special Laws, it can be committed by passengers of the vessel as long asw/in the Philippine archipelago
Qualified Piracy Higher penalty/constitute higher risk of life By firing/bombarding to take over Pirates abandoning victim w/o means of surviving/saving themselves Rape/kill passengers
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Crimes VS Fundamental laws ofState
1. Arbitrary detention2. Delay in delivery of detainee to proper persondelay
of time allotted for documents to be submitted
3. Delaying the lease4. Expulsion w/o valid ground5. Violation of domicile (by public officials)
Entering house & taking things, etc
Trespass to dwellingviolation by individuals6. Search warrant maliciously obtainedevil intent is
present
7. Searching domicile w/o witnesses
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Arbitrary Detention
Committed by a public officer/employee w/olegal ground by detaining a person
Legal detentionAttempt to commit Committing Committed & probable cause that committed the
crimeViolent insanityAilment/communicable disease (in nature)
Art 26: delaying release Art 27: expelling a Filipino from RP
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Against Public Order
1. Rebellion/Insurrection By private individuals
To overthrow govt by multitude of people
Rising publicly VS the govt to unseat the authority thru violentway & separating a part of the country from its allegiance tothe govt
2. Coup de etat By military/police/public officials w/ or w/o civilian
participation A swift attack accompanied by violence, threat, intimidationVS duly constituted authorities of RP, military officials,facilities, elsewhere w/in RP
By any person belonging to police/military
Purpose: to diminish or cease power
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3. Sedition Rising publicly & not or take up arms VS govt w/ following
purposes1. Prevent promulgation of the law/conduct of election
2. Prevent national/local govt from performing function3. Inflicting an act of revenge/hate upon the person or property ofthe public officers
4. Commit any act of revenge/hate VS individuals/social class
Justifiable Revolution Govt is tyrannical
Participants already employed peaceful means Participate in by major sectors of the society Ensure victory
Legitimacy of any govt Serving the peoples welfare
Illegal Associations Only founders, directors, presidents are charged & excludes
members
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Assault
Direct assaultAlways VS higher authority
Attacking/employing force/seriously hurtingan official/intimidating persons in authority(politicians, teachers) or his agent, resisting aperson in authority
PNP is only an agent of persons in authority Indirect assault
By using force/intimidation upon any personcoming to the aid of the person in authority
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Rape
RPC upholds traditional concept as supplemental only A crime VS a person Committed by a man who has carnal knowledge or sexual intercourse w/ a
woman VS her will under the ff: Force, intimidation, threat
Unconscious, deprived of reason Grave abuse of authority or fraudulent Woman under 12 yrs old Woman is insane or demented
No frustrated rape, only attempted & consummated Acts of Lasciviousness not necessarily involving sexual intercourse
RA 8353: Anti-rape law Rape is committed by any person by inserting penis into the mouth, anal orifice
of another person or by inserting any instrument/object unto vagina or analorifice of another
Man VS man/woman VS will Resistance must be throughout the act to consider it as rape
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Art 333: Adultery
Committed by any married woman who hassexual intercourse w/ a man not her husband &the man consenting knowing her to be marrieddefense: claim not knowing she is married
Concubinage Committed by any married man who had sexual
intercourse w/ woman under scandalouscircumstances (except: hotel)
Bringing home the woman to your marital home
Bringing home the woman together (co-habitation)
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