criminal law notes

Published on January 2017 | Categories: Documents | Downloads: 23 | Comments: 0 | Views: 276
of 1
Download PDF   Embed   Report

Comments

Content


PROSECUTOR GARCIA (CRIMINAL LAW)
Art 4: Intended act is felonious
1) Resulting act is likewise a felony
2) The unintended albeit graver wrong was primarily
caused by the actor’s wrongful acts
IMPOSSIBLE CRIME
1) LEGAL IMPOSSIBILITY- intended acts, even if
completed, would not amount to a crime
2) FACTUAL IMPOSSIBILITY- occurs when extraneous
circumstances unknown to the actor or beyond his
control prevent the consummation of the intended
crime
*Intod vs. CA
*taking of check w/c was subsequently dishonored

No frustrated theft: unlawful taking is complete from the
moment the offender gains possession of the thing, even if he
has no opportunity to dispose of the same.
No frustrated rape
The crime of rape is deemed consummated even when the
man’s penis merely enters the labia or lips of the female organ
or by the mere touching of the external genitalia by a penis
capable of consummating the sexual act. What is fundamental
is that the entrance or at least the introduction of the male
organ into the labia of the pudendum is proved *bombardment
of the drawbridge is invasion enough even if the troops do not
succeed in entering the castle

Compulsion of an irresistible force and under the impulse of an
uncontrollable fear
For the defense to prosper, the duress, force or fear or
intimidation must be present, imminent and impending and of
such nature as to induce a well-grounded apprehension of
death or serious bodily harm if the act be done. A threat of
future injury is not enough

MC of sufficient provocation cannot be considered apart from
the circumstance of vindication of a grave offense. The 2
circumstances arose from one and the same incident thus
considered as 1 MC.

Instigation: feigned solicitation is not instigation

When death occurs due to a crime civil indemnity ex delicto,
actual or compensatory, moral, exemplary and temperate
damages may be awarded

*doctrine of absorption of crimes is peculiar to criminal law and
generally applies to crimes punished by the same statute
(murder and robbery absorbed in rebellion, illegal possession of
drugs is absorbed by illegal sales of drugs)
*doctrine applies only if the trial court has jurisdiction over
both offenses
*acts defined and penalized under the articles of war are sui
generis offenses not absorbed by rebellion or coup d’état

Half asleep/fast asleep/drowsy/semi-conscious is not
determinative of the crime of rape. For he who lives with a
woman while the latter is in a state of being drowsy is guilty of
rape

Only one crime of kidnapping with ransom when the accused
kidnapped 2 victims for ransom.

The death of the victim as a result of the kidnapping only served
as a GAC for the rule is that when more than 1QC are proven,
the others must be considered as GAC

*Robbery with rape: the intent to rob must precede the rape.
The intention of the felon is to rob and the felony is
accompanied by rape. The rape must be contemporaneous w/
the commission of robbery.
*there is only one single and indivisible felony of robbery w/
rape and any crimes committed on the occasion or by reason
of the robbery are merged and integrated into a single and
indivisible felony of robbery with rape

If the intention of the accused was to rob, but rape was
committed even before asportation, the crime is the SCC of
robbery w. rape. So long as the intent of the accused is to rob,
rape may be committed before, during or after the robbery.
Theft: the thing is taken, entrusted w/ the material or physical
or de facto possession of the thing
Estafa – accused receives the property and converts it to his
own use or benefit, juridical possession of the thing

Failure to account upon demand for funds or property held in
trust is a circumstantial evidence of misappropriation
the mere failure to return the thing received for safekeeping on
commission or for administration or under another obligation
involving the duty to deliver or to return the same or deliver the
value thereof to the owner could only give rise to a civil action
and does not constitute the crime of estafa.
People v. Malngan
Arson is proved by the corpus delicti and the identity of the
defendant as the one responsible for the crime
a) Main objective is the burning of the building or edifice, death
results: ARSON
B) Main objective is to kill a particular person who may be in a
building or edifice, fire is resorted to accomplish such goal-
crime is murder only
c) If the objective is to kill, fire is resorted to cover up the
killings, there are 2 separate crimes of homicide/ murder and
arson

ART353: every defamatory imputation is presumed to be
malicious even if it be true if no good intention and justifiable
motive for making it is shown

Test of relevancy in libel : a matter alleged in the course of the
proceedings need not be in every case material to the issues
but should be legitimately related to the issues or be so
pertinent to the controversy that it may become the subject of
inquiry in the course of trial

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close