CLJ3 TOS 3.1 (W2)(3) Philippines Criminal Law PDF

------------CLJ3 TOS 3.1 (W2)(3) 9/25/24-------------------- territoriality- only enforceable within Philippine territory Philippine territory: 1. body of land 2. airspace or atmosphere- above the islands 3. interior waters- connecting the islands 4. maritime zone- 12 miles from the outerm...

------------CLJ3 TOS 3.1 (W2)(3) 9/25/24-------------------- territoriality- only enforceable within Philippine territory Philippine territory: 1. body of land 2. airspace or atmosphere- above the islands 3. interior waters- connecting the islands 4. maritime zone- 12 miles from the outermost coastline territoriality includes: 1. Philippine ships/airship; and 2. Philippine vessels/aircraft...shall be both registered to bureau of customs 3. forgery of coins/currency notes or counterfeit of those, including Philippine obligations and securities 4. public officers performing their official functions 5. crimes against national security and laws of nations (title 1, book 2, crim. law) ***English rule- adapted by the Philippines, ALL ARE TRIABLE within Philippine territory except internal management issues only French rule- if affects outside/peace and security, then triable prospectivity characteristics: 1. cannot have retroactive effects 2. law looks forward 3. if favorable to the accused, can look backward, except a habitual delinquent or law provides so (article 22, RPC)- ("No No!" dae puwede ang pa balik na application ning batas!) classical theory: 1. more stress on the result of the act 2. human free will, retribution 3. crime is a juridical entity, penalty is an evil and means of juridical tutelage positivist theory: 1. strange and morbid phenomenon 2. social and moral phenomenon 3. enforcement of individual measures, prior investigation, body of psychiatrists, social scientists 4. basis of criminal responsibility: dreadfulness or dangerous state RPC is based on classical theory, but there are parts that are positivist: 1. article 4, paragraph 2 (performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means) 2. article 13, paragraph 7 (mitigating circumstance-voluntary surrender/voluntary confession prior to presentation of evidence) *4-2 and 13-7 RPC took effect on January 1, 1932 felony (delitos)- acts or omissions punishable by law - by dolo (deceit) or culpa (fault) dolo (deceit)- with deliberate intent culpa (fault)- imprudence -negligence -lack of skill -lack of foresight acts- overt or physical act -sways an effect -to the external or outside world commission- violation of law forbidding it ommission- violation of law commanding it 2 means of committing felony: 1. intentional felony- with deliberate intent (with malice) to cause injury to another 2. culpable felony- not malicious, unintentional, performed without malice requisites of felony: 1. freedom- negated by irresistible force, uncontrollable fear 2. intelligence- negated by minority, insanity, imbecility 3. intent- negated by mistake of facts requisites of culpa: 1. freedom- negated by irresistible force, uncontrollable fear 2. intelligence- negated by minority, insanity, imbecility 3. imprudence, negligence, lack of skill, lack of foresight intent- always presumed in the commission of an unlawful act 2 kinds of intent: 1. general- presumed 2. specific- must be proven intent- purpose to USE PARTICULAR MEANS to EFFECT RESULT motive- REASON to commit act with definite result crimes without criminal intent: 1. culpable felonies 2. mala prohibita IMPRUDENCE AND NEGLIGENCE 1. imprudence- deficiency in action, lack of skill *IMPRU-A-Sa 2. negligence, deficiency of perception, lack of foresight *negli-Pa-Fa 1. imprudence- occurs in cases of hurry, rashness, insufficient consideration 2. negligence- exists in cases of complacence, lack of attention sudden emergency rule: 1. not having sufficient time 2. emergency did not come from own act/negligence in special penal laws, intent is NOT necessary mistake of facts: 1. intention is lawful 2. mistake is not by culpa or fault 3. acts would have been lawful, as the accused believed them to be CRIMINAL LIABILITY shall be incurred: 1. mistake in identity/ error in personae 2. mistake in the blow/ aberratio ictus 3. greater than intended/ praeter intentionem also with CRIMINAL LIABLITY: 1. impossibility of an act/ inadequate or ineffectual means- only applicable in crimes against person/property doctrine of proximate cause- such adequate, efficient cause, natural order of events, under particular circumstances surrounding the case-would necessarily produce the event doctrine of proximate cause: 1. "he who is the cause of the cause is the cause of the evil caused" 2. "he who creates in the mind of another a sense of danger and in reaction to it, does something that causes injury upon himself shall be criminally liable" 3. a person shall be criminally liable for whatever is the direct, natural, or logical consequence of his unlawful act