0% found this document useful (0 votes)
59 views5 pages

READING 1 AutoRecovered

This document provides a course syllabus for Criminal Law 1 that outlines the general principles of criminal law including definitions, sources, purposes and theories. It discusses the characteristics of criminal law including diplomatic immunity, retroactivity, territoriality and jurisdiction. It also defines felony and discusses criminal liability, stages of felonies including attempted, frustrated and consummated crimes. Specific crimes such as rape, theft, robbery, murder, homicide, estafa, bribery and arson are analyzed in terms of their elements. Conspiracy and participation are also addressed. Relevant case laws are cited to support the various discussions in the syllabus.

Uploaded by

2axie1isko
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
59 views5 pages

READING 1 AutoRecovered

This document provides a course syllabus for Criminal Law 1 that outlines the general principles of criminal law including definitions, sources, purposes and theories. It discusses the characteristics of criminal law including diplomatic immunity, retroactivity, territoriality and jurisdiction. It also defines felony and discusses criminal liability, stages of felonies including attempted, frustrated and consummated crimes. Specific crimes such as rape, theft, robbery, murder, homicide, estafa, bribery and arson are analyzed in terms of their elements. Conspiracy and participation are also addressed. Relevant case laws are cited to support the various discussions in the syllabus.

Uploaded by

2axie1isko
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 5

READING 1

PAMANTASAN NG LUNGSOD NG MAYNILA


COLLEGE OF LAW
Intramuros, Manila

DCP Nikki Rose D. Esperanza

Academic Year 2021-2022, 1st Sem

COURSE SYLLABUS IN CRIMINAL LAW 1

A. GENERAL PRINCIPLES

a. Definition

b. Sources: Philippine Constitution (1987), Art II, Sec 5; Art. VI, Sec. 1

Cases: People vs. Santiago, 43 Phil 124 (1922)


US vs Pablo, 35 Phil 94 (1916)

c. Purpose/Theories

Case: Magno vs. CA, GR. No. 96132, June 26, 1992

d. Limitations: Philippine Constitution, Art III, Secs 1, 14


2000 Revised Rules on Criminal Procedure, Rule. 115
Civil Code, Art. 2
Other Laws such as VFA or EDCA

Cases: Romualdez vs. COMELEC, GR 167011, April 30, 2008


Southern Hemisphere vs. Anti-Terrorism Council, READ FULL TEXT
GR 178552, October 5, 2010
Estrada vs. Sandiganbayan, GR No. 148560,
November 19, 2011
People vs. Dacuycuy, GR No. L-45127, May 5, 1929
Pesigan vs. Angeles, 129 SCRA 174 (1984)

e. Characteristics of Criminal Law


1. Diplomatic Immunity
 Minucher vs. Scalzo, G.R. no. 142396 Feb. 11, 2003
 Liang vs. People, G.R. No. 125865 March 26, 2011
2. Retroactivity
 People vs. Lacson, GR 149453, April 1, 2003
 Go vs. Dimagiba, GR 151876 June 21, 2005
3. Territoriality
 PD 1599; UNCLOS
 Article 2, RPC
 Constitution (1987), Article I
 UFA, Article V
 US v. Ah sing, 36 Phil 978 (1917)
 Miquiabas vs. Commanding General, 80 Phil 267 (1945)
 US v. Bull, 15 Phil. 7
 People v. Wong Cheng, 46 Phil. 729
 People v. Look Chow, 18 Phil. 573
 People v. Lol-lo and Saraw, 43 Phil. 19

f. Jurisdiction
a. Sec. 15, Rule 110, Rules of Court
 French Rule.
 English Rule
NOTES:
1. Theories
a. Positivist
b. Classical
c. Eclectic
d.
UTILITARIAN THEORY or PROTECTIVE THEORY- penalties or punishment is given for
the protection of the society against bad ferson char hahahha (you can add up here na kaya
“People vs____” yung sa cases ay dahil state ang petitioner since criminal offenses ay threat
sa state)

2. Date of Effectiveness

ARTICLE 3. DEFINITION OF FELONY

a. Dolo vs. Culpa


 People v. Ah Chong, 15 Phil. 257
 People v. Oanis, 74 Phil 257
 People v. Pugay, GR L-74324 Nov. 17, 1988
 People v. Garcia, GR 153591 February 23, 2004
 Garcia v. CA, GR 157171 March 14, 2006
 Manuel v. People, GR 165842 Nov. 29, 2005
 People v. Delim, GR 142773, January 28, 2003
 Ivler s. San Pedro, GR No. 172716, November 17, 2010
 Calimutan vs. People, GR No. 152133, February 9, 2006
PROXIMATE CAUSE- that cause, which, in natural and continuous
sequence, unbroken by any efficient intervening cause, produces
the injury, and without which the result would not have occurred
 Diego v. Castillo, A.M RTJ-02-1673, August 11, 2004
 US v. Valdez (41 Phil 497)
 Padilla vs Dizon, 158 SCRA 127 (1988)

b. Mala in se vs. Mala Prohibita


 People v. Bayona, 61 Phil. 181
 US v. Chico, 14 Phil. 128
 Padilla v. Dizon, 158 SCRA 127 (1988)
 Estrada v. Sandiganbayan, GR No. 148560, November 19, 2011

ARTICLE 4. CRIMINAL LIABILITY


Check Proximate Cause again.
 People v. Iligan, 191 SCRA 643
 People v. Mananquil, 132 SCRA 198
 Quinto vs. Andres, et. al. GR 155791 March 16, 2005, 458 SCRA 511
 People v. Gona, 54 Phil 605
 People v. Mabug-at, 51 Phil 697
 People v. Quianzon, 62 Phil. 162
 Urbano vs. IAC, GR 72964, January 7, 1988
 Belbis v. People, November 14, 2012
 People v. Ulep, GR L-36858, June 20, 1998
 People v. Toleng, et al, GR L-333535, January 17, 1975

Impossible Crimes - accomplishment is inherently impossible


(Fiscal will ask situational question)

Intod v. Court of Appeals, 215 SCRA 52


People v. Domasian, 219 SCRA 245
People v. Enoja, GR 102596, December 17, 1999
Jacinto v. People, GR 162540, July 13, 2009

ARTICLE 6. STAGES OF FELONIES


Attempted/Frustrated/Consummated, overt acts, acts of execution

Differentiate Attempted, Frustrated, and consummated (Situational Question)


 Internal vs External Act
 Preparatory (planning or preparation) vs Overt Acts (the deed or activity
indicating that a crime will be committed- if carried out this will definitely
consummate the crime)
a. Subjective and Objective phase of a felony
SUBJECTIVE- beginning of the commission up to the point where u still have
control of the act (kasama even the natural course as long as it was cause by
the commission)
NOTE: Attempted will NOT pass subjective phase, if it lumagpas na sa
subjective automatic na frustrated/consummated na
 U.S. v. Eduave, 36 Phil. 209
b. Rape
 People v. Orita, 184 SCRA 306
 People v. Campuhan, 329 SCRA 270 (LANDMARK WHEN IT COMES TO
RAPE)
May attempted rape ba? None.
Kelan nagiging rape? As long as there is a slight penetration of the
female genitalia, so pumasok man fully or hindi, napunit man ang
hymen or not as long as may penetration sa labia, it is rape.
-Acts of Lasciviousness vs. Rape = What distinguishes is the intent to
lie.

 Baleros v. People, GR No. 138033, February 22, 2006


 Cruz v. People, GR No. 166441, October 8, 2014
c. Theft
 Valenzuela vs. People, 525 SCRA 306
d. Robbery
 People v. Lamahang, 62 Phil. 703
 People v. Salvillam, 184 SCRA 671
e. Murder
-There is an intent to kill
How to prove ITK:
1. Motive
2. Number of wounds inflicted (and if saan located, kung fatal
ba)
3. Weapon used
4. Manner
MURDER v. HOMICIDE (You will not discuss it thoroughly since sa Crim II pa
ito)
-What differentiate Murder vs Homicide
Murder= qualifying circumstance (Treachery, Public Calamity,
Vessel/Vehicle, Reward, Evident Premeditation, Cruelty) **so pag ang
homicide ay may qualifying cir. Automatic na murder na sya.
 Epifanio vs. People, GR 157057, June 26, 2007 (This case will mention
ITK)
 People v. Sy Pio, 94 Phil. 885
 People v. Ravelo, 202 SCRA 655
 Velasco v. People, GR No. 166479, February 28, 2006 (Mentions
treachery= element of murder)
 People v. Almazan, GR Nos. 138943-44, September 17, 2001
f. Homicide
 People v. Kalalom, 559 Phil. 715
 People v. Listerio, GR No. 122099, July 5, 2000
g. Estafa
 US v. Dominguez, 41 Phil. 409
h. Bribery
 Pozar v. CA, GR L-62439, October 23, 1984
i. Arson
 People v. Hernandez, 54 Phil 122
 US v. Valdez, 39 Phil. 240
ARTICLE 8
1. Conspiracy to a Felony
2. Conspiracy as a Manner incurring criminal liability.

Direct proof NOT NEEDED. (Note: Fiscal will ask if may indirect conspiracy—Yes.
HAHAHAHA napahamak grades ko dito kaya pls yes ang sagot)
regardless of the extent and character of their participation because, the act of one
conspirator is the act of all.

 Fernan Jr, et al vs. People, GR 145927, August 24, 2007


 People vs. Comadre, GR No. 153559, June 8, 2004
 Li vs. People, GR No. 127962, April 14, 2004
 Garcia vs. CA, GR No. 124036, October 23, 2001
 People vs. Tabuso, GR No. 113708, October 26, 1999
 People vs. Pugay, GR L-74324 Nov. 17, 1988

ARTICLE 10

 Ladonga vs. People, GR 141066, February 17, 2005


 People vs. Simon, 234 SCRA 555
 Go-Tan vs. Tan, GR 168852, September 30, 2008

BOOK REFERENCES
1. Revised Penal Code Annotated, Luis B. Reyes

You might also like