Criminal Law Argumentative
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1. What is Criminal Law?
Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment.
2. When did the RPC take effect?
Art 1. Time when Act takes effect – This Code shall take effect on the first day of January, nineteen hundred and thirty two. (Jan. 1, 1932)
3.What are the sources of Phil. Criminal Law?
a.) The RPC and its amendments
b.) Special Penal Laws passed by the Phil Commission, Phil Assembly, Phil Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa. c.) Penal Presidential Decree issued during Martial Law.
4.What is meant by ex-post facto law?
(1) Makes an action done before the passing of the law and which was innocent when done criminal, and punishes such action; or (2) Aggravates a crime or makes it greater than it was when committed; or (3) Which damages the punishment and inflicts a greater punishment than the law annexed to the crime when it was committed; or (4) Which alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense in order to convict the defendant; or 5) Assumes to regulate civil rights and remedies only but in effect imposes a penalty or deprivation of a right which when done was lawful; or 6) Deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of the former conviction or acquittal, or a proclamation of amnesty.
5.What are the characteristics of Criminal Law? Explain each. (1) GENERAL, in that criminal law is binding on all persons who live or sojourn in the Philippine territory. (2) TERRITORIAL, in that criminal laws undertake to punish crimes committed within Phil. territory. (3)PROSPECTIVE, in that a penal law cannot make an act punishable in a manner in which it was not punishable when committed. As provided in Art. 266of the RPC, crimes are punished under the laws in force at the time of their commission.
6.Are there persons exempt from the coverage of our criminal laws? If your answer is in the affirmative, then who?
(1) Sovereigns and other chiefs of state.
(2) Ambassadors, ministers plenipotentiary, ministers resident, and charges d’affaires.
7.Is there any exception to the territorial application of our criminal law? If there are, what are the exceptions? Article 2. Application of its provisions. – Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
8. What are the different effects of repeal of penal law?
(1) If repeal makes the penalty lighter in the new law, the new law shall be applied, except when the offender is a habitual delinquent or when the new law is made not applicable to pending action or existing causes of action. (2)If the new law imposes a heavier penalty, the law in force at the time of the commission of the offense shall be applied (3)If the new law totally repeals the existing law so that the act, which was penalized under the old law, is no longer punishable, the crime is obliterated.
9.What are the rules that govern the construction of penal laws? 1) A penal law is liberally construed in favor of the accused.
2) In case there is ambiguity of the law.
10. What is a felony?
Article 3. Definition. – Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
11. What are the classifications of felonies?
(Art. 6 of RPC) or
Consummated felony – a felony is consummated when all the elements necessary for its execution and accomplishment are present.
Frustrated felony – it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
Attempted felony – There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
12. What is a mistake of fact?
Mistake of Fact (ignorantia facti excusat) When an offender acted out of a misapprehension of fact, • it cannot be said that he acted with criminal intent. • When the offender acted out of a mistake of fact, criminal intent is negated, so do not presume that the act was done with criminal intent. • This is absolutory if the crime involved dolo.
13. Give the requisites of mistake of fact.
The Requisites of Mistake of fact are:
i. That the act done would have been lawful had the facts been as the accused believed them to be; ii. That the intention of the accused in performing the act should be lawful; iii. That the mistake must be without fault or carelessness on the part of the accused. When the accused is negligent, mistake of fact is not a defense.
14. What is mala in se? Mala prohibita? Give an example each.
| |MALA IN SE |MALA PROHIBITA | |Definition |Acts that are wrong |Acts that are wrong | | |from their nature |merely because it is | | | |prohibited by a | | | |statute | |Intent |Intent governs |Intent is not | | | |important | |Violates |RPC |Special penal laws | |Minimum |Criminal intent |Intent to perpetuate | |required for a | |the crime | |person to incur| | | |criminal | | | |liability | | |
MALA IN SE – e.g. felonies and penalized by the RPC. The acts are
MALA PROHIBITA – e.g. possession of opium, malversation, brigandage, and libel.
15. Intent distinguished from motive
Motive – is the moving power which impels on to action for a definite result.
Intent – is the purpose to use a particular means to effect such result.
16. When is criminal liability incurred?
Article 4. Criminal liability. – Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
2. By any person performing 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.
17. Classify felonies according to their gravity and explain each.
Article 9. Grave felonies, less grave felonies and light felonies. – Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with article 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article.
Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or
both, is provided.
18. What are the circumstances affecting criminal liability?
1) Justifying Circumstances
2) Exempting Circumstances
3) Mitigating Circumstances
4) Aggravating Circumstances
5) Alternative Circumstances
19. Requisites of 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
20. Requisites of 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 a defense had no part therein.
21. Requisites of 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.
22. Classify felonies according to the mode of execution and explain each
Felonies are classified
1. Attempted felony when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance;
2. frustrated felony when the offender commences the commission of a felony as a consequence but which would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator; and,
3. Consummated felony when all the elements necessary for its execution are present.
23. Error in personae. Aberratio ictus. Praeter intentionem
Error In Personae – A mistake in identity. EXAMPLE: It was the actual victim upon whom the blow was directed, but he was not really the intended victim. A thought of killing B. He positioned himself at one corner where B usually passes. When a figure resembling B was approaching, A hid and when that figure was near him, he suddenly hit him with a piece of wood on the nape, killing him. But it turned out that it was his own father. The crime committed is parricide, although what was intended was homicide.
Aberratio Ictus – Person directed the blow at an intended victim, but because of poor aim, that blow landed on someone else.
Prater Intentionem – The result is greater than what was intended.