Criminal Law

public

defines

treats

provides

Q: What is Criminal Law

It is a ___ law that:

___crimes,

___ of their nature, and

___ for their punishment

Declares

Prescribes

specific offense

General principles

criminal or penal

Q: What is substantive criminal law?

A:

• Law which for the purpose of preventing harm to society,

1. ___ what conduct is criminal

2. ____ the punishment to be imposed for said conduct

• Includes:

  • Definition of ____

  • ___ of liability

• Commonly codified into ___ codes

The Revised Penal Code (RPC)

Q: What is the primary source of criminal law?

Act No. 3815 s 1930

Q: Under what Act No. is the RPC?

December 8, 1930

Q: When was the RPC enacted?

January 1, 1932

Q: When did the RPC take effect?

Articles 1-20

[THE THREE PARTS OF THE RPC]

Q: What articles do principles affecting criminal liability cover?

Articles 21-113

[THE THREE PARTS OF THE RPC]

Q: What articles do penalties which include civil and criminal liability cover?

Articles 114-367

[THE THREE PARTS OF THE RPC]

Q: What articles do felonies defined by different titles cover?

generality, territoriality, prospectivity

Q: What are the three basic characteristics of criminal law?

territorial

race

belief

sex

creed

Q: What is generality in penal law?

A: Penal laws govern everyone within ___ jurisdiction of the state, REGARDLESS OF:

1. ___

2. ___

3. ___, or

4. ___

Treaty stipulations

Principles of public international law

Laws of preferential application

Q: There are exceptions in generality. What are they? (3)

jurisdiction

land

maritime

interior waters

and atmosphere

Q: What does the principle of territoriality provide?

A: Penal laws are only effective within the territorial confines of one’s ___—be it:

1. ___,

2. ___,

3. ___, and

4. ____

Prospectivity

Q: This is when penal laws only take effect after its effectivity date.

favorable

accused

Decriminalization

provision

Q; What are the exceptions of the prospectivity principle?

A:

1. When the new law is ___to the___ (Article 22, RPC)

2. ____

3. By express ___of law

immoral

sinful

Q: What is Mala in Se

A:

• Crime or act that is inherently ___such as murder, arson, or rape.

• Conduct construed as___or inherently wrong by nature

statute

Q: What is Mala Prohibita?

A: Wrongs merely because it is prohibited by ___even if the act itself is not inherently immoral.

ship or aircraft

Philippine currency

public officers

official duties

national security

Filipinos

Q: What are the exceptions to territoriality as per the Extra-territoriality principle?

A:

1. Offenses committed aboard a Philippine ___

2. Forging or counterfeiting ___ or securities abroad

3. Crimes by ___ related to ___abroad

4. Crimes against ___or the law of nations

5. Crimes committed by ___abroad (limited cases)

Article 3

punishable

deceit

fault

Q: What are felonies?

A: According to ___ of the RPC,

• Acts or omissions ___by law

• Committed either by __ or by __

deliberate

Q: What is deceit/dolo?

A: Dolo is when the act is performed with ___intent.

imprudence

foresight

skill

Q: What is fault/culpa?

A: Fault (culpa) is when the wrongful act results from ___, lack of ___, or lack of ___.

act or omission

external

punishable

dolo or culpa

Q: What are the Elements of a Felony?

A:

1. There must be an ___; there must be ___ acts;

2. The act or omission must be ___by the RPC

3. The act is performed or the omission is incurred by means of ___