CRIMINAL LAW REVIEW – SOLIS
AUGUST 14,2018
- to violate a law, there must be a law that exists
- US V. PABLO – Pablo shouldn’t have been convicted because there is no law that he violated.
There was a lacuna, there was a hiatus. When congress enacted the admin code, it replealed Act
1697 but SC wasn’t honest, wala talaga, naghanap lang talaga sila ng butas. this is one
example that the SC is incorrect. But nonetheless this become part of the law of the land. The
supreme court is not final because it is correct it is only considered infallible because it is final
(but it doesn’t mean its correct)
- People v Santiago – congress at anytime may change penal laws
- Laws can be modified, amended and repealed by congress but is limited by BOR
- Tanada v Tuvera – publication is required – condition sine qua non. Only the process of
publication may be changed by congress
- Pesigan v Angeles – ex post facto – bawal mga siz.
- BILL OF RIGHTS
- 3 characteristics of CL -> Generality – territoriality – prospectively
o Generality – criminal law is binding on all persons who live or sojourn in the PH
Exemptions must be – (Liang v people) – apply strictly against the exception
o Territoriality – art 1 of consti.
Art 2 of RPC – reflection of extra territoriality
Creates havoc
Extension of government/sovereignty
US v Ah Sing : exception -> if u are invoking an exception, it would be always
strict against the application of exemption
o Prospectively –
- Immunity of diplomats and members of international organizations – Liang v People – THIS HAS
BEEN ASKED IN THE BAR EXAMS – CONSULS ARE NOT EXEMPTED MGA BESH.
- PROSPECTIVE APPLICATION: only for conducts after effectivity of the law
** habitual delinquent – art 62
** opposite – retroactive
** ex: retroactive – if it favors the accused
- NO COMPLEX CRIME OF REBELLION AND MURDER ETC ABSORBED BY REBELLLION
NOPE U got lazy ( #4 to 5)
August 28, 2018
- Felonies are acts and omissions punishable by law
- Felony – RPC if special law then Crime
- The difference lies in the intent.
o There is no intent in fault (culpa)
- There must aways be an overt act
o But not every overt act is a crime
o Must be an act of execution, meaning it has to take part of an element or requisite
o Preparatory acts? Acts of execution?
o There must be voluntariness
- FREEDOM< INTELLIGENCE AND INTENT
o Must be absolute
- Intent is presumed -> if his overt acts are unlawful
- GF can be raised as a valid defense to twort/prove that there is no mens rea case of people v
ah chong
September 2, 2018
- Once conspiracy is established the act of one becomes the act of all
o Everyone becomes a principal
- The law does not require direct proof
o It may be implied by the different acts of the accused
o It shows unity of design and purpose
o There is an attainment of a unified (?) goal
- IS IT EASY? To prove conspiracy?
o RTC should tread carefully
o Conspiracy is a dicey proposition
- US v Bautista: Treason can only happen during war
- UNITY OF DESIGN AND PURPOSE
o It doesn’t matter if only one did the stabbing
o It doesn’t matter if one only did cheering
o ALL OP DEM R CONSIDERED PRINCIPAL BY DIRECT CONSPIRACY
Sept 4 2019
IMPOSSIBLE CRIMES
- One who commits an IC incurs liability but not a felony
- Unlawful agreesion – actual, imminent threat to life and limb
o There should be physica assault
o AS IN MAY DANGER MGA BEH
- THERE IS ALWAYS QUESTION IN SELF DEFENCE
