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ATTY. JUMAMIL
PRELIMINARIES: As the title of the Revised Penal Code suggests, its
just a revision of the old Penal Code of Spain (1870).
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2.
NOTE: The RPC was based on the old RPC of Spain, and the latter
was based on the French Penal Code of 1810, which was CLASSICAL
in orientation.
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DOMESTICS
DOMESTIC SERVANTS
1.
1.
2.
3)
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FRENCH or NATIONALITY
RULE
ENGLISH or TERRTORIALITY
RULE
FAILS TO PUNISH
THE ACT PENALIZED
UNDER THE
REPEALED LAW
BY REENACTMENT
ART. 2:
Embodies both the territorial and extraterritorial jurisdiction of
Philippine courts.
3.
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A and B are part of the Philippine Trade Mission in the US. They were
given a cash advance of P1M for expenses. A and B malversed the
P1M while in the US.
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In the doing of the act, or the failing of doing the act, or the
bringing about a state of affairs, the mental state required by
law as an element of the act or the omission, or state of affairs
must be present.
A wrongful mind, no matter how wrong, is not penalized.
An act, no matter how wrong, when there is no law when it is
done, does not make a person criminally liable.
But there has to be confluence between the actus reus, or
complementation, and the mens rea to be criminally liable.
Insofar as the actus reus, the actus reus of felonies under the Code
are specified under Book II.
ART. 3:
ELEMENTS:
1) Criminal intent: the mental state required by law as an
element of a felony.
JUSTIFYING CIRCUMSTACES
2.
Particular consequence.
IMPRUDENCE
NEGLIGENCE
1.
2.
3.
4.
5.
6.
7.
2)
3)
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ART. 4
MALA IN SE
MALA PROHIBITA
Refer to felonies.
Refer to crimes.
Requisites:
1. He must be committing a felony. There
is no point talking of the second
requisite if the first element is not
present.
US
VS.
VILLANUEVA,
PEOPLE VS. BINDOY (Reyes).
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2.
3.
4.
On your way out of this school this evening, you saw your car being
opened by A. Then he hastily entered, after opening the door, drove
away with your car. You are armed with a licensed firearm, with the
permit to carry. You drew your firearm, aimed very carefully at the tires
of your car, fired at the tires, hitting the tires. Then, as a result of the
explosion of the tires, your car swerved to the right, hitting a tricycle,
killing the passengers, wounding seriously the driver of the tricycle.
What is your criminal liability?
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2)
5.
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US VS. AH CHONG
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PROXIMATE CAUSE
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Lets say that A inflicted less serious physical injuries on B. There was
no intent to kill so it was only a case of less serious physical injuries. In
the desire of B, the victim, to exacerbate the legal problems of A, he
deliberately immerses his wounds in a contaminated pool, transforming
the less serious injuries into serious physical injuries.
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A and B boarded a passenger bus along Recto. While the bus was
traversing the length of Recto, A and B announced a hold-up,
frightened, the passengers jumped over. Some were killed, some were
seriously injured. So A and B now claimed that they are not liable to
the death and serious injuries to the passengers.
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US VS. MARASIGAN
They CANNOT because the death and injuries were the direct,
natural and direct consequences of their unlawful act (robbery).
Were they committing a felony? YES.
What was the unintended consequence? The homicide and
serious injuries.
So it will be a case of robbery with homicide (used in its generic
sense) as special complex crime.
US VS. VALDEZ
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ART. 6
Take not of the phraseology of any person
performing an act.
CONSUMMATED
ATTEMPTED
FRUSTRATED
When
all
the
elements necessary
for its execution and
accomplishment are
present.
For instance, the warden, after killing the prisoner, A, shoots the
cadaver of the prisoner aimed at the back of the cadaver to make it
appear that when the warden killed the prisoner, he was escaping.
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A.
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WHEN
CONSUMMATED
OR
FRUSTRATED: If he is not so stopped,
then the subjective phase is passed, the
objective phase sets in (then the crime
is
either
CONSUMMATED
or
FRUSTRATED).
o
o
HOMICIDE:
o
o
B.
ACTS OF EXECUTION
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