CRIMINAL LAW I – 1C UNDER JUDGE ERUM
DATE OF CLASS MEETING: SEPTEMBER 01, 2020
RECIT QUESTIONS
Legend:
(p. n) - page number in Reyes book where the answers can be found
(nx) - number of times the question was asked by Judge
- note
1. What is Criminal Law? (p. 1) (2x)
2. What is a crime? (p. 1) (2x)
3. What are examples of omission which constitute a crime? (p. 34 – ex.
Art. 275, par. 1) (2x)
4. Would negligence fall into omission?
5. Is a crime same as an offense? No. Therefore, what is the difference?
6. What is a felony?
7. Homicide – Could it be a crime? A felony? An offense?
Crime is a generic term
Ordinance
Sources of Penal Laws
8. Jurisprudence – Source of criminal law? No. (p. 1)
9. What are common crimes? (p. 1)
10. Who enacts penal laws?
11. What are the limitations on the power of the law-making body to
enact penal laws? (p. 2)
12. What are examples of an ex post facto law? (p. 2-3) (3x)
13. What is a bill of attainder and who enacts it? (p. 3)
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Giving aid or comfort in a commission of a crime
Adherence
- For these two, I was a bit lost. Haha.
14. What are the constitutional rights of a person accused of a
crime? (p. 4-5)
Accused – already in court
Respondent – city fiscal; preliminary investigation
Nature of the CHARGE and cause of ACCUSATION against him. (I just
observed that Judge kept correcting this
phrase. Mga thrice niya sinabi na “nature of the charge and cause
of accusation...”)
Right to Bail – if punishable by reclusion perpetua, it is NOT a matter
of right, but the accused can file or application of bail to conduct a
HEARING where evidence of his guilt will be determined.
15. What are the statutory rights of the accused? (p. 5) (2x)
16. What are rights which may and may not be waived? (p. 6)
Requisites of a valid waiver
17. What are the characteristics of Criminal Law? (p. 6 onwards)
(2x)
Persons exempt from the operation of our criminal laws by virtue of
the principles of Public International Law (PIL) (p. 13)
Exception: Art. 2 of the RPC
R.A. No. 75 – an example of a law of preferential application (p. 11-12)
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- persons covered: 1.) any ambassador or public minister of any foreign
state
- any domestic or domestic servant of any such ambassador
18. What are the qualifications in R.A. No. 75?
Not applicable when the foreign country adversely affected does NOT
provide similar protection to our diplomatic representatives.
19. What are examples of treaties/treaty stipulations?
Discuss Minucher v. Scalzo
Doctrine of state immunity (as cited in the case)
Discuss Liang v. People
20. Are consuls and vice consuls also immune from suits? No. (2x)
Art. 2, RPC – par. 1 to 5
- examples of crime against national security and the law of nations (p.
27)
21. Where is the crime committed? Outside of the Philippine
territory (the 5 situations mentioned in Art. 2)
22. What is a Philippine ship? Airship? Where are they registered?
Under what agency? (p. 25)
Territorial Characteristics of Penal Laws
23. Where is the PH ship situated under Art. 2, par. 1? High seas.
24. What are examples of Art. 2, par. 2, RPC? (p. 26)
25. What are examples of Art. 2, par. 3?
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