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1. Usually if question is situational, like X and Y. But if complicated ang tanong like X-
Minor, Y-of age, Z- the son of A. So they murdered the father. There’s a qualifying
circumstance of treachery, even if they all committed the crime, consider the personal
circumstances of each. The minor is not criminal, assuming 14 yrs old, no criminal
liability because of Juvenile and Social Welfare Act, exempted. Y committed murder
because of qualifying circumstance of treachery. What about Z, the crime committed is
parricide. There’s a relation with the offended party. Let’s complicate it more. X,Y,Z are
the offenders.. You have A,B,C the victims. A would be a person in authority, B is a
minor. C is of age. XYZ. X and Y killed A, Z killed B and C. Labo labo na sila. – A is
person in authority so its not simple it could lead complex crime of murder with direct
assault. If minor, it would be related to anti child abuse law.
2. Common types of question in crim law.
a. WHAT ARE THE CRIMES COMMITTED? FOR WHAT CRIME IS X LIABLE FOR?
b. WHAT IS THE PARTICIPATION OF A,B,C?
c. WHAT IS THE CRIMINAL LIABLITY OF X? IS X CRIMINALLY LIABLE?
d. PRESENCE OF ATTENDING MITIGATING AND AGGRAVATING CIRCUMSTANCES,
WHAT WOULD BE THE PENALTY TO BE IMPOSED APPLYING ISLAW?
WHAT CRIME IS COMMITTED? WHAT ARE THE CRIMES COMMITTED? For what crime is x liable
for?
ANSWER:
Example: if robbery, theft or piracy. Intent to gain
If murder or homicide, intent to kill. In homicide meron syempre intent to kill. Kaso ag murder
meron qualifying circumstances
If rebellion, or, meron intent to overthrow the government in coup d’ etat to cease or power
Estafa there’s two ha, abuse of confidence and deceit. Common element is intent to cause
damage or damage
Selling of prohibited drugs- it’s the corpus delicti. The illicit drugs taken from the subject, is it
the same that is presented in court? So kelangan or else it will result to dismissal of the case
Is GF also a proper defense in culpa? HINIDI kasi negligence ang pinapunish. Maybe in acting
in good faith ka pero negligence? So defense is due diligence
So dapat meron MENS REA- CRIMINAL MIND and ACTUS REA- CRIMINAL ACT
RPC VS SPL
Go to the exercise
- robbery and theft common element meron intent to gain, as well as estafa and piracy
- 2 types of robbery
Qualified theft
- Higher penalty
- Committed by a domestic servant
- Grave abuse of confidence
- Motor vehicle is taken
- Ex carnapping
- What’s the difference between taking a motor vehicle and carnapping
- Carnapping, taking of a motor vehicle without the consent of the owner or that it
was taken against will by employing violence or intimidation
- Pagdating sa qualified theft yung physical possession, it was handed to him but it
was not returned to him
- It can even be estafa if a juridical person
- Ex may calamities
- May lumabas sa bar
- May vehicular accident. A and B collided. Both drivers were unconscious. Here comes
a bystander who got hold of the wallet of driver B. what crime is committed? It is
not simple theft but QUALIFIED THEFT.
ESTAFA
Parricide
- How committed?
- Direct line yan. Relatives
- Killing of brother and sister- not parricide
- Killing of father, mother, child, whether legitimate or not, is parricide
- Grandparent- must be legitimate ang relationship. Also if grandchild.
- Spouse- legitimate spouse- also parricide
- Proof of legitimacy is required if required by law
Infanticide
Abortion
- Intentional killing
- There’s a bar question in this case
- H and W. W is 6 months pregnant. They had an altercation o the point na H pushed
his wife. She fell down and died instantly. What about the child in the womb who
lived for 6 months. Namatay si wife- parricide. What about the child? Abortion or
infanticide?
- Recall Civil Code. If the age of the child id less than 7 months old, para magkaroon
ng civil personality the child must live within 24 hours reckoned from the time of
separation from the mother’s womb.
- So in this case, 6 months and assuming did not live for 24 hours. So there’s a
complex crime of parricide with infanticide