LMGCRIM Midterms

• The document outlines basic principles, characteristics, theories, elements, kinds, and stages of felonies under criminal law, including discussion of criminal liability, justifying and exempting circumstances, and mitigating and aggravating circumstances.

Criminal Law

• It defines crimes and their punishments.

Crime

• It is an act committed or omitted that violates a public law.

Felony

• It refers to acts or omissions punishable under the Revised Penal Code (RPC).

Characteristics of Criminal Law

Generality

• Penal laws are obligatory on everyone living or sojourning in the Philippines.
• Exception: Public international law and treaties.
• Exempted persons: sovereigns, ambassadors, ministers, and diplomatic representatives (but not consuls).

Territoriality

• Penal laws are enforceable within a country's territory.
• Exception: Extra-territoriality principle.

Prospectivity

• Criminal laws should not have retroactive effect (Ex post facto law).
• Exception: When the law is favorable to the accused.
• Exception to the exception: If the new law makes it inapplicable to pending cases where the accused is a habitual delinquent.

RPC Theories

Classical Theory

• Penalty is retribution for the crime.
• This theory focuses on the effect of the crime and emphasizes rationality, free will, and individual responsibility.

Positivist Theory

• Crime is influenced by external factors and is viewed as a social and natural phenomenon.

Extra-Territoriality

Philippine Vessel

• A Philippine vessel must be registered in the Bureau of Customs, regardless of the owner's citizenship.

Foreign Vessel

• Triable when the offense is committed on Philippine waters or is an extension of the territory of the country the vessel belongs to.

Jurisdiction Rules

French Rule

• Crimes are not triable in the courts of that country.

English Rule

• Crimes are triable in that country, unless they affect things within the vessel or refer to internal management.
• The Philippines follows the English Rule.

Warships

• Warships are exempt from the laws of another state, as they are considered territories of their own country.

Elements of Felonies

• Act or omission: A physical action or failure to perform a legal duty.
• Punishability: The act or omission must be punishable under the RPC.
• Means: The act or omission must be committed with criminal intent (dolo) or negligence (culpa).

Kinds of Felonies

Intentional Felonies

• They involve malice or deliberate intent to cause an injury.
• Elements include freedom, intelligence, and intent.

Additional Notes on Intent

• Intent demonstrates the exercise of freedom and intelligence and is shown by overt acts.
• "Actus non facit reum, nisi mens sit rea": The act itself does not make a man guilty unless his intention were so.

Mistake of Fact

• It can relieve the accused from criminal liability if the act would have been lawful under the perceived facts, with lawful intent, and without fault or carelessness.
• If the crime is not committed if the person performing the act thinks it is innocent.

Culpable Felonies

• It is committed without malice but is unintentional.
• This is caused by imprudence (lack of skill) or negligence (lack of foresight).
• Elements: Freedom, intelligence, and acting imprudently, negligently, or lacking skill or foresight.
• Mistake in identity of the intended victim - reckless imprudence.

Mala in Se vs. Mala Prohibita

Mala in Se

• The intent governs and generally considered as felonies, which are inherently immoral and may be punished by special laws.

Mala Prohibita

• Focuses on the prohibited act or law violated.

Intent vs. Motive

Intent

• The purpose to use a particular means to effect a result.

Motive

• The moving force that compels one to act for a definite result.

Incurring Criminal Liability

• A person who commits a felony (delito) is different from the intended outcome and someone performing an act that would be an offense against persons or property due to impossibility or ineffectual means.

Mistake in Identity, Blow, and Injury Greater Than Intended

Error in Personae

• It involves a mistake in the identity of the victim, where the wrong person is harmed.

Aberratio Ictus

• It is a mistake in the blow, or lack of precision.

Praeter Intentionem

• The injurious result is greater than intended.

Proximate Cause vs. No Proximate Cause

Proximate Cause

• The cause is a natural and continuous sequence, unbroken by any intervening cause, that produces the injury.

No Proximate Cause

• This when there is an active intervening force, or the injury was due to the intentional act of the victim.

Impossible Crime

• It is an act that would be an offense if not for inherent impossibility or ineffectual means.
• Requisites include evil Intent, impossible accomplishment, and the act not violating another RPC provision.
• Nature: The act must be intentional and either legally or physically impossible to complete.

Stages of Execution

• Over Act: Act or deed indicating intention to commit crime, which are connected with the crime indicating planning.

Consummated

• All elements for execution and accomplishment are present.

Frustrated

• The offender performs all acts of execution but the felony is not produced due to reasons independent of their will.

Attempted

• The Offender does not perform all acts of execution due to some cause, but is not on the offender's desistance,

Indeterminate Offense

• There is no certain intention on the part of the offender in performing an act.

Subjective Phase

• This is the portion of the act constituting the crime, starting from when the offender begins commission until they lose control over their actions.
• It has been passed if offender is not stopped by an external cause or their own desistance.

Formal Crimes

• These are consummated in one instant.

Felony by Omission

• This is consummated when one fails to do an act.

Conspiracy and Proposal

• Conspiracy is where agreement presupposes meeting of the minds of two or more persons to agree to effect a crime.
• Proposal is when some other person proposes its execution to some other person or persons.
• Act done is within law.

Justifying Circumstances

• Justifying circumstances means the act done is said to be in accordance with law, so that such person is FREE from BOTH criminal liability and civil liability, and recognizes non-existence of the crime.

Self Defense

1. Unlawful Aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. Lack of sufficient provocation on the part of the person defending himself

Defense of Relatives

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was given by the person attacked, the one making the defense had no part therein

Defense of Strangers

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. The person defending be not induced by revenge, resentment, or other evil motive

Avoidance of Greater Evil or Injury

1. The evil sought to be avoided actually exists
2. That the injury feared be greater than that done to avoid it; and
3. There be no other practical and less harmful means of preventing it

Fulfillment of Duty

1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office
2. That the injury caused or the offense committed be the necessary consequence of the due performance of duty of the lawful exercise of such right or office

Obedience to an Order

1. That an order has been issued by a superior
2. That such order must be for some lawful purpose
3. That the means used by the subordinate to carry out said order is lawful

Exempting Circumstances Definition

• Definition: Grounds for exemption because there is something wanting in the elements of the crime.

Exempting vs. Justifying

• In Exempting circumstances the actor is affected
• In Justifying circumstances the act is affected

Exempting Circumstances (examples)

• Insanity and Imbecility:
  • Imbecile: Mental development comparable to 2-7 years of age or Completely deprived of reason/discernment/freedom
  • Insane: Defect of the brain or Permanently diseased/disordered, and deals with Cognitive and sensory disability
• Minority:
  • 15 below is not criminally liable
  • Above 15 but below 18 is not criminally liable UNLESS acted with discernment, which makes him triable --Discenment: Capacity to understand the difference between right and wrong Ascertaining this is done by a social worker and by the court
    • There is no presumption that every minor acts with discernment

Accident

1. A person is performing a lawful act
2. With due care
3. He causes an injury to another by mere accident
4. Without fault or intention of causing it

Irrestible Force:

1. That the compulsion is by means of physical force
2. That the physical force must be irresistible
3. That the physical force must come from a third person

Uncontrolable Force:

1. Existence of an uncontrollable fear
2. The fear must be real and imminent
3. The fear of an injury is greater than or at least equal to that committed

Prevented by Lawful or Insurmountable cause

1. That an act is required by law to be done
2. That a person fails to perform such act

That his failure to perform such act was due to some lawful or insuperable cause

Absolutory Causes

• Those where the act committed but there is no penalty imposed because of some policy.

Mitigating Circumstances Definition

• Do not entirely free the actor from criminal liability, but serve only to only reduce the penalty.

Ordinary vs. Privileged Mitigating Circumstances

• Ordinary can be offset
• Privileged lowers

Example of Mitigating Circumstances

• Incomplete justifying or exempting circumstances: Referes to these circumstances incompletness
• No intention to commit so grave a wrng that that committed: Only shown when there is notable or not evident disproportion proven:
• Provocation

Alternative Circumstance Definition

• DEF Agrevating or mitigating depending on the nature and effect of the crime.

Degree of Paticipation:

• Principal. By direction paticipation , personally takw part in execution: In the crime scene
• by Inducement; By force: irresistible force, uncontrolable face
• Consipiracy Commonal intent, goal, purpose. Regardless of the act

Accessory:

• HAS KNOWLAGE OF ACT AFTER EFFECT!
• cant be changed with light felonie

Penalites:

• NUllum CRIMEN NULLA POENA SINE LEGE; NO CRIME NO LAW PUISHING IT!
• Princicpal: those that are xpressed in final judgement;
• Divisibility: grave, less grave, light:
• Complex cirmes: max seruous crime in max period

Graduation Scales:

COMPLEX CRIMES

1 act = 2 or more crimes

ORDER OF SEVERITY

When offender has to serve. Must be serbced