| Two main branches of law | CIVIL AND CRIMINAL |
| Two main branches of law:the law violated is public in nature; kung may ginawa kang mali, the complainant is the republic of the Philippines against you | CRIMINAL LAW |
| Two main branches of law:issue is the rights of private individual; If you want to complain about other people, you are the complainant kasi private issue | CIVIL LAW |
| CRIMINAL LAW:complainant | republic of the philippines |
| CRIMINAL LAW:WITNESS | private complainant |
| Dental law is what type of law | CRIMINAL LAW |
| agreement between countries | treaties |
| agreement between private individuals | Memorandum of agreement |
| punishable by RPC; lahat ng crime na nakasulat dun is you violate any of those crimes it is a felony | Felony |
| punishable by special law; dental law is a special law; all statute laws are special laws | Offense |
| punishable by ordinances; applicable to violation of city or municipal ordinances | Infarction |
| bodily movement tending to produce effects on the external world; bawal pero ginawa | Act |
| may law requiring u to do, but u did not do; inaction/ failure to perform an act that you are bound to do | Omission |
| acts and omissions punishable by law (either dolo or culpa) | Felonies |
| involves Lack of foresight, there is deficiency of perception, di ka sumikap/ exercise diligence, di ka nageffort; deficiency of perception | Negligence |
| lack of skill; di mo alam ginagawa mo, di ka nagiingat | Imprudence |
| nagagawa sa mga selosa/seloso, gusto patayin kabit ng asawa and umuwi siya nakita niya nakahiga nabaril niya; un pala before pa nabaril na stroke na; dating patay na pinatay mo; wala kang kasalana dun pero may civil liability | Impossible crime |
| EXEMPTIONS TO CONSPIRACY AND PROPOSAL TO COMMIT FELONY: Lahat ng bawang/bigas, walang ilalabas para hindi makakain ang pilipino | Monopolies and combination in restraint of trade |
| EXEMPTIONS TO CONSPIRACY AND PROPOSAL TO COMMIT FELONY: For military, police directors, mga armed people of the government | Coup d’ etat |
| an unlawful act punishable by a state or other authority that prohibits the commission of that act | Crime |
| Crimes in the Philippines are found in the ________ of the Philippines | Revised Penal Code |
| Crimes in the Philippines are found in the Revised Penal Code of the Philippines, Those not in the revised penal code can be found in special laws like ____ | Republic Acts |
| Branch or division of law which defines crimes, treats of their nature, and provides for their punishment | CRIMINAL LAW |
| LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS: No ____ law shall be enacted | ex post facto |
| LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS:No ____ shall be enacted | bill of attainder |
| LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS:No law that violates _____ of the constitution shall be enacted | equal protection clause |
| LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS:No law which imposes ______ nor _________shall be enacted | cruel and unusual punishments; excessive fines |
| A law that would make a previous act criminal although it was not so at the time it was committed | Ex Post Facto Law |
| Acts that were committed before the law was applied are not punishable by law | Ex Post Facto Law |
| a legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for a judicial determination of guilt | Bill of Attainder |
| APPLICATION OF THE PROVISIONS OF THE REVISED PENAL CODE(Outside of its jurisdiction): Commit an offense while on a ______ | Philippine ship or airship |
| APPLICATION OF THE PROVISIONS OF THE REVISED PENAL CODE(Outside of its jurisdiction): should forge or counterfeit any ______ of the Philippine Islands or ______ issued by the Government of the Philippine Islands | cone or currency note; obligations and securities |
| APPLICATION OF THE PROVISIONS OF THE REVISED PENAL CODE(Outside of its jurisdiction): Introduction into these islands of the _____mentioned in the preceding number | obligations and securities |
| APPLICATION OF THE PROVISIONS OF THE REVISED PENAL CODE(Outside of its jurisdiction): Public officers or employees committing an ___ in the _____ of their functions | offense; exercise |
| APPLICATION OF THE PROVISIONS OF THE REVISED PENAL CODE(Outside of its jurisdiction): Should commit any of the crimes against _____ and the law of ____ | national security; nations |
| PRINCIPLES IN CRIMINAL LAW: Criminal law applies to all persons who live or sojourn in the Philippine Territory | PRINCIPLE OF GENERALITY |
| PRINCIPLES IN CRIMINAL LAW: All crimes that occur wherever in the Philippine Territory are under Penal/Criminal laws | PRINCIPLE OF TERRITORIALITY |
| PRINCIPLES IN CRIMINAL LAW: Penal laws cannot make an act punishable in a manner in which it was not punishable when committed except when the new law is favorable to the accused | PRINCIPLE OF PROSPECTIVE/PROSPECTIVITY |
| PRINCIPLE OF GENERALITY:Exceptions | Treaty stipulations, Laws of preferential application, Principles of Public International Law |
| agreements between nations | Treaty stipulations |
| laws applicable only to specific people | Laws of preferential application |
| PRINCIPLE OF GENERALITY: the ff people are exempted | Sovereigns and other chief of state; Ambassadors, ministers, plenipotentiary, minister resident, and Charge d’ affaires |
| PRINCIPLES OF CRIMINAL LAW: example: anti-hazing penalty is downgraded from electrocution to lifetime imprisonment after the fact | PRINCIPLE OF PROSPECTIVE/PROSPECTIVITY |
| Acts or omissions punishable by law | FELONIES |
| felonies are also called | delitos |
| Committed by means of deceit (dolo) and/or by fault (culpa) | FELONIES |
| There is deceit when the act is performed with deliberate intent | FELONIES |
| There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill | FELONIES |
| ELEMENTS OF FELONIES: There must be an ___ or ____or ____ | act; omission; external acts |
| ELEMENTS OF FELONIES: The act or omission must be punishable by the _____ | Revised Penal Code |
| ELEMENTS OF FELONIES: The act is performed or the omission incurred by means of ____ | dolo or culpa |
| Requisites of Dolo (Deceit) | intelligence, freedom, intent |
| Requisites of Culpa (Fault) | intelligence, freedom, Negligence and imprudence |
| CRIMINAL LIABILITY: By any person committing a ________although the wrongful act done be different from what which he intended | felony (delito) |
| CRIMINAL LIABILITY: By any person performing an act which would be an offense against ______, were it not for the inherent impossibility of its accomplishment or on account of the employment of ____ means | persons or property; inadequate or ineffectual |
| Means mistake in the blow, characterized by aiming at one but hitting the other due to imprecision in the blow | Aberratio Ictus |
| Means mistake in the identity of the victim | Error in Personae |
| KINDS OF FELONIES ACCORDING TO DEGREE OF THE ACT OF EXECUTION:All the elements necessary for execution and accomplishment of a crime are present | CONSUMMATED FELONY |
| KINDS OF FELONIES ACCORDING TO DEGREE OF THE ACT OF EXECUTION: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 or causes independent of the will of the perpetrator | FRUSTRATED FELONY |
| KINDS OF FELONIES ACCORDING TO DEGREE OF THE ACT OF EXECUTION:execution is done, but the result is not successful/not fully achieved | FRUSTRATED FELONY |
| TRUE OR FALSE: No frustrated felony is in the crime of rape, adultery, and physical injury | TRUE |
| KINDS OF FELONIES ACCORDING TO DEGREE OF THE ACT OF EXECUTION:When the offender commences the commission directly or by overt acts, but does not perform all the acts of execution to consummate the felony due to a cause or accident other than his own spontaneous desistance | ATTEMPTED FELONY |
| KINDS OF FELONIES ACCORDING TO DEGREE OF THE ACT OF EXECUTION: LIGHTEST PENALTY | ATTEMPTED FELONY |
| physical activity or deed indicating intention to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles, nor by voluntary desistance of the perpetrator will logically ripen into a concrete offense | Overt Act |
| killing a sovereign or assisting enemy of a sovereign in order to overthrow the government | Treason |
| Conspiracy and proposal to commit felony are punishable only in the cases in which law specially provides a _____thereof (ex. Rebellion, treason, insurrection, coup d’ etat, monopolies, and combination in restraint of trade) or when conspiracy ____ national security | penalty; threatens |
| violent armed resistance/conflict against the government | Rebellion |
| violent uprisings by group of citizens against a government | Insurrection |
| swift uprising against the government | Coup d’ etat |
| exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it | Conspiracy |
| when the person who has decided to commit a felony proposes its execution to some other person or persons | Proposal |
| KINDS OF FELONIES ACCORDING TO DEGREE OF PUNISHMENT: capital punishment (life imprisonment) | GRAVE FELONIES |
| KINDS OF FELONIES ACCORDING TO DEGREE OF PUNISHMENT: six years and 1-day to life imprisonment | GRAVE FELONIES |
| KINDS OF FELONIES ACCORDING TO DEGREE OF PUNISHMENT: correctional penalties | LESS GRAVE FELONIES |
| KINDS OF FELONIES ACCORDING TO DEGREE OF PUNISHMENT: up to 6 years imprisonment | LESS GRAVE FELONIES |
| KINDS OF FELONIES ACCORDING TO DEGREE OF PUNISHMENT: penalty of arresto menor (1 to 30 days imprisonment) | LIGHT FELONIES |
| KINDS OF FELONIES ACCORDING TO DEGREE OF PUNISHMENT: fine not exceeding 200 pesos or both | LIGHT FELONIES |
| PERSONS CRIMINALLY LIABLE FOR FELONIES:those who take a direct part in the execution of the act | Principal by Direct Participation |
| PERSONS CRIMINALLY LIABLE FOR FELONIES:directly forced or induced others to commit the crime | Principal by Inducement |
| PERSONS CRIMINALLY LIABLE FOR FELONIES:cooperate in the commission of the offense by another act without which it would not have been accomplished | Principal by Indispensable Cooperation |
| PERSONS CRIMINALLY LIABLE FOR FELONIES:Not principals, but cooperate in the execution of the offense by previous or simultaneous acts | ACCOMPLICES |
| PERSONS CRIMINALLY LIABLE FOR FELONIES:Those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission | ACCESSORIES |
| PERSONS CRIMINALLY LIABLE FOR FELONIES(ACCESSORIES):By ____ themselves or ___ the offender to profit by the effects of the crime | profiting; assisting |
| PERSONS CRIMINALLY LIABLE FOR FELONIES(ACCESSORIES):By ____ the body of the crime, or the effects or instruments thereof, in order to prevent its ____ | concealing or destroying; discovery |
| PERSONS CRIMINALLY LIABLE FOR FELONIES(ACCESSORIES):By _____ in the ___ of the principal of the crime | harboring, concealing, or assisting; escape |
| Accessories who are Exempt from Criminal Liability | Spouse, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives |
| TOTAL EXTINCTION OF CRIMINAL LIABILITY: By ___ of the ___ before final judgment | death; convict |
| TOTAL EXTINCTION OF CRIMINAL LIABILITY: By ___of the sentence | service |
| TOTAL EXTINCTION OF CRIMINAL LIABILITY: By ___, which completely extinguishes the penalty and all its effects | amnesty |
| TOTAL EXTINCTION OF CRIMINAL LIABILITY:By absolute ___ | pardon |
| TOTAL EXTINCTION OF CRIMINAL LIABILITY:By ___ of the crime | prescription |
| TOTAL EXTINCTION OF CRIMINAL LIABILITY:By prescription of the ____ | penalty |
| TOTAL EXTINCTION OF CRIMINAL LIABILITY:By the ____of the offended woman in the crime of rape | marriage |
| PARTIAL EXTINCTION OF CRIMINAL LIABILITY: By conditional __ | pardon |
| PARTIAL EXTINCTION OF CRIMINAL LIABILITY:By ___ of the sentence | commutation |
| PARTIAL EXTINCTION OF CRIMINAL LIABILITY: For _____ which the culprit may earn while he is serving his sentence | good conduct allowances |
| the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon; he runs the risk of being hit at the back by the aggressor | Stand ground when in the right |
| CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY: Stand ground when in the right | Justifying Circumstances |
| CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:Self defense | Justifying Circumstances |
| CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:Imbecile or insane, under nine years of age, accident, impulse of an uncontrollable fear, compulsion of irresistible force, or insuperable cause | Exempting Circumstances |
