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    Crim Rev Week 1-2

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    Leonor Leonor
    Criminal law deals with crimes and their punishment under penal law. There are two types of crimes - mala in se, which are inherently wrong, and mala prohibita, which are wrong because they are prohibited. Criminal law must comply with constitutional principles like prohibiting ex post facto laws and excessive penalties. It also has general principles like only punishing acts that were crimes when committed (territoriality), interpreting ambiguities in favor of the defendant, and prospectivity regarding changes to criminal laws. For an act to be a felony, it requires voluntary commission with intent and discernment regarding the gravity of the act. Felonies can be at different stages of execution from attempted/frustrated to consummated

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    Crim Rev Week 1-2

    Uploaded by

    Leonor Leonor
    49 views2 pages
    Criminal law deals with crimes and their punishment under penal law. There are two types of crimes - mala in se, which are inherently wrong, and mala prohibita, which are wrong because they are prohibited. Criminal law must comply with constitutional principles like prohibiting ex post facto laws and excessive penalties. It also has general principles like only punishing acts that were crimes when committed (territoriality), interpreting ambiguities in favor of the defendant, and prospectivity regarding changes to criminal laws. For an act to be a felony, it requires voluntary commission with intent and discernment regarding the gravity of the act. Felonies can be at different stages of execution from attempted/frustrated to consummated

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    CRIM REV WEEK 1-2

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    Criminal law deals with crimes and their punishment under penal law. There are two types of crimes - mala in se, which are inherently wrong, and mala prohibita, which are wrong because they are prohibited. Criminal law must comply with constitutional principles like prohibiting ex post facto laws and excessive penalties. It also has general principles like only punishing acts that were crimes when committed (territoriality), interpreting ambiguities in favor of the defendant, and prospectivity regarding changes to criminal laws. For an act to be a felony, it requires voluntary commission with intent and discernment regarding the gravity of the act. Felonies can be at different stages of execution from attempted/frustrated to consummated

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    49 views2 pages

    Crim Rev Week 1-2

    Uploaded by

    Leonor Leonor
    Criminal law deals with crimes and their punishment under penal law. There are two types of crimes - mala in se, which are inherently wrong, and mala prohibita, which are wrong because they are prohibited. Criminal law must comply with constitutional principles like prohibiting ex post facto laws and excessive penalties. It also has general principles like only punishing acts that were crimes when committed (territoriality), interpreting ambiguities in favor of the defendant, and prospectivity regarding changes to criminal laws. For an act to be a felony, it requires voluntary commission with intent and discernment regarding the gravity of the act. Felonies can be at different stages of execution from attempted/frustrated to consummated

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    What is criminal law; Penal law; Crime; Felony; 2.

         Excessive penalty imposed


    Offense?
    ·          Lito Corpuz vs. People, GR 180016, April
     Inmates of New Bilibid 29, 2014 (Injustice in penalty)
    Prison vs. DOJ Sec, GR
    21719, June 25, 2019 ·          Ireneo Cahulugan vs. People, GR 225695,
    (penal law)                     March 21, 2018 (excessive penalty)

    Theories in criminal law                         

    Mala in se and Mala prohibita General characteristics of criminal law;


    exemptions.
    1.     Arnold James Ysodoro vs. People, GR
    192330, Nov. 14, 2012 (mala prohibita under RPC) 1.    Generality (Art. 14, NCC)

    2.     Jester Mabunot vs. People, GR 204659, a.     Jeffrey Liang vs. People GR 125865, January
    September 19, 2016 (mala in se under SPL) 25, 2000 (Diplomatic immunity)

    b.     Minucher vs. CA, GR 142396, Feb 11, 2003


    (State Agent)
    Suppletory application of RPC provisions (Art.
    10) to SPL c.     Nollora Jr vs. People, GR 191425, Sept 7,
    2011 (Preferential application; bigamy)
    a.     Evangeline Ladonga vs. People GR 141066,
    February 17, 2005 (Art. 10; BP 22) d.     Estrada vs. Desierto, GR 14710-15, March 2,
    2001 (Presidential Immunity)
     
    2.    Territoriality (Art. 2, RPC)
    Governing law (RPC, PD, EO, SPL, CA [Art. 10])
    a.    Norma A. Del Socorro vs. Ernst Johan
    1.    Constitutional limitations in passing penal Brinkman Van Wilsem, GR 193707, December 10
    legislation. 2014 (territoriality)

    People vs. Sandiganbayan and Ceferino S. ·          Extraterritoriality (RPC, SPL)


    Paredes, GR 101724, July 3, 1992 (ex post facto
    law) 3.    Prospectivity (see Art. 22)

    2.     “Nulla crimen nulla poena sine lege” Amendment, repeal and decriminalization of an
    act
    3.    Interpretation/construction of criminal law.
    ·          Inmates of New Bilibid Prison vs. DOJ Sec,
    a.     “In dubio pro reo” and rule of lenity GR 21719, June 25, 2019 (Art.22)

    b.     Ambiguity` in the law  

    c.     Equipoise evidence rule Classification of felonies

    Duty of the court (Art. 5)     1. Intentional and Culpable; elements

    1.     Whenever act is not penalized a.    Intelligence and freedom of action


    (voluntariness)
    ·          Actus non facit reum, nisi mens sit rea

    b.    Intent and negligence

    ·          Isidro P. Miranda vs. People, GR 234528,


    January 23, 2019 (factors to determine intent to
    kill)

    ·          Read: Ivler and Sevilla, and cases under


    Art. 365

    c.     Intent and Motive (variance in felony)

    d.    Intelligence and discernment

        2. Gravity (Arts. 9, 25-26)

        3. Stages of execution (Subjective phase and


    objective phase)

    ·          People vs. Aurelio Lamahang, GR L-43530,


    August 3, 1935 (overt act, vague intent)

    ·          Norberto B. Cruz vs. People, GR 166441,


    October 8, 2014 (attempted Art 266-A vs. Art 336)

        4. Formal, material, and crimes without


    frustrated stage

    a.     People vs. Noel R. Bejim, GR 208835,


    January 19, 2018 (consummated rape)

    b.     People vs. Cielito Orita, GR 88724, April 3,


    1990 (attempted rape)

    c.     Aristotel Valenzuela vs. People, GR 160188,


    June 21 2007 (theft)

    d.     People vs. Jesusa Figueroa, GR 186141, April


    11, 2012 (sale of drugs)

    e.     US vs. Valdez, GR 14128, December 10, 1918


    (frustrated arson)

    f.      People vs. Edgar Gutierrez, GR 100699, July


    5, 1996 (consummated arson)

    g.     Gregory James Pozar vs. CA, GR L-62439,


    October 23, 1984 (corruption of public official; no
    frustrated stage)

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