Law

Private

Public

Contract Torts

Unintertional

Intentional

Negligence/Malpractice Assaul

t

Battery

False Imprisonment

Defamation

LibelSlande

r

Felony

Criminal law

Misdemeanor

Felony an act or omission punishable by lawA serious kind of crimeCommitted not only by means of deceit(dolo)

but by means of fault

Elements of FeloniesThere must be an “act” or “omission” The act or omission should be punishable by

lawThe act is performed or the omission

incurred by means of dolo or culpa

Principal -direct participation - by inducement

- by indispensable cooperation

Accomplice – accessory before the factAccessory – accessory after the fact-profiting themselves or assisting others to profit-concealing, destroying body of the crime,

effects, instruments to prevent its discovery-harboring concealing, assisting the escape of

the principal

Persons criminally liable

Classification of felonies accg to execution Consummated FrustratedAttempted

conspiracy – two or more person agreed and committed the felony; a means by which another person is held liable for the commission of a crime; each criminal is responsible for the acts of his associates provided such act is a result of a common plan.

proposal - a person who decided to commit a felony proposes its execution to another

Classification of felonies accg to the degree of punishmentGrave Felonies 6 yrs & 1 day –life imprisonment fine not exceeding P6,000Less grave Felonies 1 month & 1 day -6 yrs imprisonment fine not exceeding P6,000 but not less than

P200Light Felonies Punishable only when consumated 1 day to 30 days

Circumstances affecting criminal liabilityJustifyingExemptingMitigatingAggravatingAlternating

Justifying CircumstancesFree from criminal and civil liabilitySelf defenseDefense of relatives – up to 4th degree of

cosanguinityDefense of a stranger not induced by

resentment, revenge or other evil motiveWho acts in the fulfillment of dutyWho acts in obedience to an order for some

lawful purposes

Presence of unlawful aggression

lack of sufficient provocation on the person defending himself

reasonable necessity of the means employed to prevent /repel it

. Exempting – no criminal liability only civil liabilitymistake of factAn insane or imbecile unless acted during lucid intervalUnder 9 years of ageOver 9 under 15, unless acted with discernmentWhile performing a lawful act w/ due care causes an

injury by mere accident without fault or intention of doing it

Who acted under the compulsion of an irresistible force from a third person

Impulse of uncontrollable fear Insuperable or lawful cause

Mitigating

Under 18 or over 70No intention to commit so grave a wrongSufficient provocation or threat on the part of

the offended party immediately preceded the act

Voluntary surrenderDeaf, dumb or blind or suffering from

physical defectSuch illness that would diminish the exercise

of his will power

Justiying vs. Exempting circumstances

Justifying Circumstances Exempting Circumstances

1. It affects the act not the actor 1. It affects the actor not the act

2. The act is considered to have been done within the bounds of law; hence, legitimate and lawful in the eyes of the law

2. The act complained of is actually wrongful, but of the actor is not liable

3. There is no crime 3. There is crime but no dolo and culpa

4. No criminal or civil liability 4. There is criminal liability

Aggravating

Advantage of public positionIn contempt or insult to public authoritiesAbuse of confidence or obvious ungratefulnessCommitted on occasion of epidemic,

conflagration, shipwreck or other calamity or misfortune

In consideration of a price or reward or promiseCommitted by means of fire, explosion, stranding

of a vessel with evident premeditationcraft, fraud or disguise

Alternating ( either mitigating or aggravating)relationship, intoxication, degree of

education

Crimes against persons1. parricide – ascendants, descendants

(legitimate of illegitimate), spouse2. murder – with intent to kill3. homicide – without intent to kill4. infanticide - less than 3 days of age5. child abuse - any form of cruelty to a

child’s moral or metal well being or any form of sexual attack w/c may or may not amount to rape.

7. abused/neglected child – suffering from serious physical or emotional injuries inflicted on them including malnutrition

8. sexual harassment – words, gestures actions w/c tend to annoy and verbally abuse another person

9. simulation of birth – crime against status by substitution of one child with another; concealing or abandoning any legitimate child with intent to lose civil status

10. misdemeanor – use to express every offense inferior to felony and punishable by indictment or by particular prescribed proceedings.

Performing a procedure on a client in the absence of informed consent can lead to which of the following charges?a) fraudb) Harassmentc) Batteryd) breach of confidentiality

The nursing staff is sitting in the lounge taking their morning break. A nurse assistant tells the group that she hear that the unit security has acquired immunodeficiency syndrome (AIDS). The nursing assisting proceeds to tell the nursing staff that the secretary contracted the disease from her husband, who is supposedly a drug addict. Which legal tort has the nursing assistant violated?a) slanderb) Libelc) assaultd) negligence

A 16 year old male robbed a bank killing two (2) security guards with his unlicensed gun. Which concept on crimes will be most applicable to this case?a) consummated, grave felony, exempting

circumstancesb) consummated, less grave felony, mitigating

circumstancec) grave felony, consummated, mitigating

circumstancesd) less grave felony, consummated, exempting

circumstance