ContentsArt. 1 TIME WHEN ACT TAKES EFFECT2Art. 2 APPLICATION OF ITS PROVISIONS2TITLE ONE: FELONIES & CIRCUMSTANCE W/C AFFECT CRIMINAL LIABILITY4C 1 : FELONIES4Art. 3 DEFINITION4Case: PEOPLE VS SILVESTRE & ATIENZA4Case: PEOPLE VS RAMIREZ5Case: PEOPLE VS LOPEZ5REQUISITES of Dolo/Culpa:6Cases Concept: CRIMINAL INTENT (INTENTIONAL FELONIES)7Cases Concept: CULPABLE FELONIES8Cases Concept: NO INTENT/NO FAULT = NOT CRIM. LIABLE93. Third class of crime PENALIZED UNDER SPECIAL LAWS9(Mala in se VS Mala prohibita)9Cases Concept: Mala prohibita9MOTIVE10Case:11

REVISED PENAL CODEArt. 1 TIME WHEN ACT TAKES EFFECT Jan 1, 1932 Theories:

CLASSICALPOSITIVIST

- FOCUS: act- FOCUS: actor

- BASIS: human free will

- PURPOSE: retribution

- MAN: moral creature with an absolutely free will to choose between good and evil

-MAN: subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his volition

- STRESS: on effect/result

- MECHANICAL & DIRECT PROPORTION between crime and penalty

- NO FIXED PENALTY- Enforcement of individual measures in each particular case after a thorough, personal & individual investigation conducted by a competent body of psychiatrists and social scientists.

Art. 2 APPLICATION OF ITS PROVISIONS SCOPE: 1. w/in Phil. Archipelago 2. outside of its jurisdiction in certain cases (1-5)/ abroad.a. offense on ship/airship- (/) national territory beyond 3 miles from seashore- (X) if ship in foreign territory - (/) vessel registered in Phil. Bureau of Customs, NOT the citizenship of the owner b. forge/counterfeit coin/currency notec. liable for the introduction of obligations & securitiesd. offense of public officer/employee- direct/indirect bribery, fraud against public treasury, possession of prohibited interest, malversation of public funds/property, failure of accountable officer to render accounts, illegal use of public funds or property , failure to make delivery of public funds or property, and falsification by a public officer or employee committed w/ abuse of his official position e. crime against national security & law of nations - conspiracy & proposal to commit treason, inciting to war & giving motives for reprisals, violation of neutrality, correspondence w/ hostile country, flight to enemys country, and piracy and mutiny on the high seas

RTC original jurisdiction Sample of triable & non-triable cases within Phil. jurisdiction: TRIABLENOT TRIABLE

continuing crime committed on board a Norwegian vessel by failing to provide suitable means for securing animals while transporting them (US vs Bull)

on board of foreign merchant vessel on Phil. Waters (US vs Bull)

committed on high seas on board a foreign merchant vessel (US vs Fowler)

disorders w/c disrupt peace & security of the State disorders w/c disrupt peace among members of the ship

landing/using opium (US vs Look Chaw) mere possession of opium aboard no breach of public order

foreign merchant vessel not in transit but in Phil. Terminal port, & the person is in possession of opium

Smoking opium

Foreign warships territory of the country w/c they belong & not subjected to laws of another state

Rules as to jurisdiction over crimes committed aboard foreign merchant vessels:1. FRENCH RULE (X)- triable if affecting peace & security of territory / endangering its safety

2. ENGLISH RULE (/) - triable if things within the vessel or they refer to the internal management thereof

EXTRA-TERRITORIALITY (RA 9372) aka: Human Security Act of 2007 Punishable acts:1. offenses punished in the Act w/in terrestrial domain, interior waters, maritime zone, & airspace2. commit/conspire/plot3. crimes on board a Phil. ship/airship4. w/in embassy, consulate or diplomatic premises of Phils. 5. Crimes against Phil. Citizens/persons of Phil. Descent, where citizenship/ethnicity was a factor in committing the crime6. Direct crime against govt.

TITLE ONE: FELONIES & CIRCUMSTANCE W/C AFFECT CRIMINAL LIABILITYC 1 : FELONIESArt. 3 DEFINITION

Elements of felonies:1. Act/omission ACT = any bodily movement w/c produces some effect in the external world EXTERNAL ACT only punished; X internal act OMISSION = inaction of what is required by the law1. Abandonment of persons in danger2. Illegal exaction = tax collector voluntarily fails to issue receipt3. Misprision of treason = nondisclosure of knowledge of conspiracy against the govt. Case: PEOPLE VS SILVESTRE & ATIENZAConcept: act/omissionF: CRIME: ARSON Atienza = principal by direct participation Silvestre = accomplice, listened to her co-defendants threat w/o raising a protest, & did not give the alarm when the latter set fire to the house.

H:NOT PUNSIHABLE:1. Mere passive presence at the scene of anothers crime2. Mere silence & failure to give the alarm3. w/o evidence of agreement or conspiracy

DP:ACQUITTED Silvestre

2. Punishable by RPC law Maxim: nullum crimen, nulla poena sine lege = (there is no crime if there is no law punishing it)

3. w/ dolo/culpa classification of felonies:1. INTENTIONAL dolo/deceit= (+) malice: with deliberate intent= e.g. murder, treason, robbery, malicious mischief2. CULPABLE culpa/fault= (-) malice: w/o intent= e.g. malversation, evasion

a. IMPRUDENCE/LACK OF SKILL= def. of actionb. NEGLIGENCE/ LACK OF FORESIGHT= def. of perceptionReason for punishing negligence:- man must use common sense, & exercise due reflection in all his acts; it is his duty to be cautious, careful, & prudent, if not from instinct, then through fear of incurring punishment.Case: PEOPLE VS RAMIREZConcept: reckless imprudenceFHunter shot his companion thinking that he was a deer 50m away from him.

HAct is VOLUNTARY but with NO DELIBERATE INTENT but should have exercised all the necessary diligence to avoid every undesirablemaccident.

DPHunter GUILTY of HOMICIDE through RECKLESS IMPRUDENCE

Case: PEOPLE VS LOPEZConcept: reckless imprudenceFThe truck which Lopez drove struck the girl. Lopez claimed no intent of causing injury.

HActs executed negligently are voluntary, although done w/o malice. Lopez was not compelled to refrain or prevented from taking the precaution necessary to avoid injury to persons.

DPLopez GUILTY of HOMICIDE through RECKLESS IMPRUDENCE

REQUISITES of Dolo/Culpa:DOLO/MALICECULPA/FAULT

1. FREEDOM*Art. 12 (5): a person who acts under the compulsion of an irresistible force *Art. 12 (6): a person who acts under the impulse of an uncontrollable fear of an equal or greater injury2. INTELLIGENCE*Art. 12 (1,2,3): imbecile/insane,