Review Notes in Criminal Jurisprudence

Comprehensive practice flashcards covering Criminal Law Book 1, Book 2, Criminal Procedure, Criminal Evidence, and Special Penal Laws based on lecture notes in Criminal Jurisprudence.

How is Criminal Law defined in the lecture notes?

Criminal Law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

When did the Revised Penal Code take effect?

The Revised Penal Code took effect on January 1, 1932 (Art. 1, RPC).

What are the three main characteristics of Philippine Criminal Law?

The three main characteristics are (1) general, (2) territorial, and (3) prospective.

Which diplomatic representatives possess criminal immunity under the principles of public international law, and does this apply to consuls?

Sovereigns and other chiefs of state, ambassadors, ministers plenipotentiary, ministers resident, and charges d'affaires are exempt. A consul is not entitled to the privileges and immunities of an ambassador or minister.

What are the exceptions to the prospective application of criminal laws?

A new penal statute can be given retroactive effect whenever it establishes conditions more lenient or favorable to the accused, EXCEPT: (1) where the new law is expressly made inapplicable to pending actions or existing causes of action, or (2) where the offender is a habitual delinquent/criminal under Art. 62 of the Revised Penal Code.

What are the core characteristics of the Classical Theory in Criminal Law?

The basis of criminal liability is human free will, and the purpose of the penalty is retribution. Man is viewed as a moral creature with absolute free will to choose between good and evil, placing more stress upon the result of the act than upon the criminal, with a mechanical proportion between crime and penalty and scant regard to the human element.

What are the core characteristics of the Positivist Theory in Criminal Law?

Man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong contrary to his volition. Crime is considered a social and natural phenomenon that cannot be checked by abstract principles or a priori fixed punishments, but rather through individual investigations conducted by competent psychiatrists and social scientists.

What are the four essential elements of a felony (delito)?

1. There must be an act or omission.
2. The act or omission must be punishable by the Revised Penal Code.
3. The act is performed or omission incurred by means of dolo (deceit) or culpa (fault).
4. The act or omission must have been voluntary.

What three requisites must concur for an act or omission to be considered an intentional felony (committed with dolo)?

The offender must have (1) FREEDOM, (2) INTELLIGENCE, and (3) INTENT while doing the act or omitting to do the act.

What is an impossible crime according to Article 4, paragraph 2 of the Revised Penal Code?

An act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

What is the penalty prescribed for an impossible crime under Article 59 of the Revised Penal Code?

The penalty is arresto mayor or a fine from $200$ to $500$ pesos.

How does a frustrated felony differ from an attempted felony in terms of the phases of execution?

In a frustrated felony, the offender performs all the acts of execution which would produce the felony (reaching the objective phase), but the crime is not produced due to independent causes. In an attempted felony, the offender merely commences execution directly by overt acts and has not performed all acts of execution (stopping before passing the subjective phase).

Under what condition are light felonies punishable when not consummated?

As a general rule, light felonies are punishable only when consummated. The exception is that light felonies committed against persons or property are punishable even if they are only in the attempted or frustrated stage of execution.

What are the five categories of circumstances affecting criminal liability in the Revised Penal Code?

(1) Justifying circumstances (Art. 11), (2) Exempting circumstances (Art. 12) and other absolutory causes, (3) Mitigating circumstances (Art. 13), (4) Aggravating circumstances (Art. 14), and (5) Alternative circumstances (Art. 15).

What are the three alternative circumstances recognized under Article 15 of the Revised Penal Code?

The three alternative circumstances are (1) relationship, (2) intoxication, and (3) the degree of instruction and education of the offender.

What are the three classifications of principals under Article 17 of the Revised Penal Code?

1. Principal by Direct Participation (PDP)
2. Principal by Induction (PI)
3. Principal by Indispensable Cooperation (PIC)

What are the two kinds of complex crimes recognized under Article 48 of the Revised Penal Code?

(1) Delito Compuesto (Compound Crime): when a single act constitutes two or more grave or less grave felonies. (2) Delito Complejo (Complex Crime Proper): when an offense is a necessary means for committing the other.

What is the three-fold rule in Criminal Law under Article 70 of the Revised Penal Code?

The maximum duration of a convict's sentence shall not exceed three-fold the length of time corresponding to the most severe sentence imposed, and such maximum period shall in no case exceed $40\text{ years}$.

Who is deemed a habitual delinquent under Article 62 of the Revised Penal Code?

A person who, within a period of $10\text{ years}$ from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa, or falsification, is found guilty of any of said crimes a third time or oftener.

What is the two-witness rule required for a conviction of treason under Article 114 of the Revised Penal Code?

No person shall be convicted of treason unless on the testimony of at least $2$ witnesses to the same overt act (the same treasonous act committed at the same place and time), or on confession of the accused in open court.

How is Piracy distinguished from Mutiny on the high seas?

In piracy, the persons attacking or seizing the vessel are strangers to the vessel and act with intent to gain. In mutiny, the offenders are members of the crew or passengers, and there is usually no intent to gain (seeking instead to ignore the ship's officers or commit plunder).

How does Piracy under P.D. No. 532 differ from Piracy under Article 122 of the Revised Penal Code regarding waters and offenders?

Under P.D. No. 532, piracy can only be committed in Philippine territorial waters by any person, including a passenger or member of the complement. Under Art. 122 of the RPC, piracy can be committed on the high seas and Philippine territorial waters, but only by a person who is neither a passenger nor member of the complement.

Under Republic Act No. 6235, when is an aircraft considered to be 'in flight'?

An aircraft is considered 'in flight' from the moment all its external doors are closed following embarkation until any of such doors are opened for disembarkation.

How are Robbery with violence, Grave threats, and Grave coercion distinguished regarding intent to gain and the nature of harm?

• Robbery with violence: Has intent to gain; harm is immediate.
• Grave threats: No intent to gain; intimidation promises some future harm or injury.
• Grave coercion: No intent to gain; intimidation/effect is immediate and the offended party is compelled to do something against their will.

How does Robbery differ from Bribery regarding the victim's criminal status and the transaction?

In Robbery, the person did not commit a crime but is deprived of property through force or intimidation (neither voluntary nor mutual). In Bribery, the person has committed a crime and gives money voluntarily in a mutual transaction to avoid arrest or prosecution.

How does Brigandage differ from Robbery in Band in terms of purpose and execution?

Brigandage is formed by more than three armed persons to commit indiscriminate robbery in highways or kidnapping, and the mere formation of the band for this purpose is punishable. In Robbery in Band, the purpose is only to commit a particular robbery, and it is necessary to prove that the band actually committed the robbery.

How does Estafa with Abuse of Confidence differ from Malversation regarding funds and offenders?

In Estafa with abuse of confidence, the funds are always private and the offender is a private individual or a public officer not accountable for the funds. In Malversation, the funds are public funds or property and the offender is a public officer accountable for them.

How does Estafa involving documents differ from Infidelity in the Custody of Documents?

In Estafa, a private individual is entrusted and there is an intent to defraud. In Infidelity in the Custody of Documents, a public officer is entrusted and there is no intent to defraud.

What is the primary distinction between Libel and Perjury regarding how the accusation is made?

In Libel, the false accusation need not be made under oath, whereas in Perjury, the false accusation is made under oath.

What distinguishes Carnapping, Qualified Theft, and Estafa when a motor vehicle is involved?

• Carnapping: Unlawful taking with intent to gain without consent, or by violence/intimidation/force.
• Qualified Theft: Taking without consent and without violence/intimidation/force upon things, or misappropriation where only material/physical possession was transferred.
• Estafa: Misappropriation where both physical and juridical possession were transferred to the accused.

Under Rule 112, when is a preliminary investigation required before filing a complaint or information?

A preliminary investigation is required for offenses where the penalty prescribed by law is at least $4\text{ years}, 2\text{ months, and } 1\text{ day}$ without regard to the fine.

What are the three lawful circumstances for a warrantless arrest under Rule 113, Section 5?

(a) In flagrante delicto: when the person has committed, is actually committing, or is attempting to commit an offense in the officer's/person's presence. (b) Hot pursuit: when an offense has just been committed and there is probable cause based on personal knowledge of facts or circumstances. (c) Escaped prisoner: when the person has escaped from a penal establishment, place of confinement, or while being transferred.

When is bail a matter of right under Rule 114?

Bail is a matter of right: (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.

Under Rule 117, when does a provisional dismissal of a criminal case become permanent?

It becomes permanent after $1\text{ year}$ for offenses punishable by imprisonment not exceeding $6\text{ years}$ or a fine of any amount, and after $2\text{ years}$ for offenses punishable by imprisonment of more than $6\text{ years}$, without the case having been revived.

What is the period of validity of a search warrant under Rule 126?

A search warrant shall be valid for $10\text{ days}$ from its date, after which it shall be void.

What two requisites determine the admissibility of evidence under Rule 128, Section 3?

Evidence is admissible when: (1) it is relevant to the issue, and (2) it is competent (not excluded by law or the Rules of Court).

What is the Best Evidence Rule as defined under Rule 130, Section 3?

When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself.

What is the rule of Res Inter Alios Acta under Rule 130, Section 28?

The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except in relationships of partnership, agency, joint interest, conspiracy, or privity.

What are the requisites for a dying declaration to be admissible under Rule 130, Section 37?

1. The declaration relates to the cause and surrounding circumstances of the declarant's death.
2. It was made under the consciousness of impending death.
3. It is offered in a criminal case where the subject of inquiry is the declarant's death.

What are the two classes of statements admissible as part of the res gestae under Rule 130, Section 42?

(1) Spontaneous statements (exclamations) made while a startling occurrence is taking place or immediately prior or subsequent thereto. (2) Verbal acts: statements accompanying an equivocal act material to the issue, giving it legal significance.

What is the monetary threshold of ill-gotten wealth required to constitute Plunder under R.A. No. 7080 (as amended by R.A. No. 7659)?

An aggregate amount or total value of at least $\text{P}50,000,000.00$.

What court has original jurisdiction over Plunder cases under R.A. No. 7080?

All plunder cases fall within the original jurisdiction of the Sandiganbayan.

What establishes a prima facie presumption of fencing under P.D. No. 1612?

Mere possession of any goods, article, item, object, or anything of value which has been the subject of robbery or theft is prima facie evidence of fencing.

Under Batas Pambansa Blg. 22, within how many days must a check issuer pay or make arrangements after receiving notice of dishonor to negate the presumption of knowledge of insufficient funds?

The issuer must make good the check within $5\text{ banking days}$ from receipt of notice of dishonor or insufficiency.

What advance written notice is required before conducting initiation rites under the Anti-Hazing Act (R.A. No. 8049)?

Prior written notice must be submitted to the school authorities or head of organization at least $7\text{ days}$ before the initiation, specifying activities that shall not exceed $3\text{ days}$.