1.) Scope and Application of the Characteristics of Criminal Law:

a.) Generality – The penal law of the country is binding on all people who live or sojourn in the Philippine territory, subject to the principle of public international law and to treaty stipulations.

b.) Territoriality – Penal laws of the country have force and effect only within its territory. It includes terrestrial, fluvial and aerial jurisdiction.

c.) Prospectivity – Acts or omissions will be penalized only if they are committed after the penal law has taken effect. It cannot penalize an act which was then deemed valid when done before the passing of the penal law which made the act invalid.

d.) Legality – There is no crime when there is no law punishing the same.

e.) The Doctrine of Pro Reo – Whenever a penal law has two interpretations, the first one is lenient to the offender and the second is strict to the offender, the one lenient to the offender will be adopted. This is in consonance with the rule that all doubts shall be resolved in favor of the accused.

2.) Stages in committing a felony.

a.) Attempted – when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

b.) Frustrated – when the offender performs all the acts of execution w/c would produce the felony as a consequence but w/c, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

c.) Consummated – when all the elements necessary for its execution and accomplishment are present. The felony is produced.

3.) Generic Aggravating Circumstance vs Qualifying Aggravating Circumstance

Aggravating Circumstance - – circumstances which raise the penalty for a crime in its maximum period provided by law applicable to that crime or change the nature of the crime.

GAC – an aggravating circumstance that if not offset by any MC, is to increase the penalty imposed upon the accused based on the crime committed to its MAXIMUM PERIOD. A GAC may be offset by an Ordinary Mitigating Circumstance

QAC – circumstances that change the nature of the crime. If 2 or more QAC, 1 would only qualify the offense and the other QAC would become GAC. Cannot be offset by a Ordinary Mitigating Circumstance.

4.) A punched B, B fell down and hit his head on the ground which caused his death. A contested that it was not his intention to kill B, A further argued that the death of B was an accident and that he should not be held liable. Is A liable or not?

A is liable for the death of B. However A can apply for the Mitigating Circumstance # 3 (No intention to commit so grave a wrong). Although A has no intention to kill but to only cause physical injuries, the death of B cannot be considered an accident therefor A cannot use accident as an Exempting circumstance.

5.) Cruelty and Ignominy to be accepted against accused.

For cruelty to be accepted against accused, it must be shown that the accused enjoyed and delighted in making his victim suffer

2 requisites are needed:a.) The injury caused deliberately increased by causing other wrong and,b.) That the other wrong be unnecessary for the execution of the purpose of the offender.

For ignominy to be accepted against the accused, must show that effects of the crime will be MORE HUMILIATING, or to put the OFFENDED PARTY TO SHAME thus adding to the victim’s moral suffering

6.) Ordinary Mitigating Circumstance vs Privilege Mitigating Circumstance

OMC – The attendance of a ordinary mitigating circumstance, unless offset by an aggravating circumstance, will lower the imposable penalty only to its minimum. It should be borne in mind that the presence of 2 or more generic mitigating circumstances, provided there is no aggravating circumstance, will lower the imposable penalty by one degree, pursuant to Rule 5 of Art. 64 of the RPC.PMC – cannot be offset by any aggravating circumstance. Effect of imposing upon the offender the penalty lower by one or two degrees than that provided by law for the crime. Applies to both divisible and indivisible penalties.

7.) Excon escaped, when ordered to stop by the police he ran away, suddenly emerged with a rock and assaulted the police. Five cautionary shots fired, no go, when decided that Excon would escape, aimed and killed Excon. Is the police officer liable?

Police officer is not liable for the death of Excon. The police officer was performing his duty as a safety office of the public and additionally he already fired 5 warning shots. Police office can invoke the justifying circumstance which is fulfillment of duty therefore there is no criminal liability.

8.) Acts to consider treachery

Two conditions for the act to be considered done with treachery if (1) the employment means of execution that gave the person attacked no opportunity to defend himself, or retaliate or escape;

and (2) the offender consciously adopted the particular means, method or form of attack employed by him.

9.) DOLO vs CULPA

Dolo is deceit and Culpa is negligence. In DOLO, the act or omission is done with FREEDOM, INTELIGENCE and INTENT. In Culpa, the act or omission is done with FREEDOM, INTELIGENCE but without intent, instead of intent is there was IMPRUDENCE, NEGLIGENCE, or LACK OF FORESIGHT or LACK OF SKILL.

10.) Instances where OMC is not applicable.

Special Penal laws, Fine, Culpa, Single Divisible Penalties.

General Intent vs. Special Intent

General Intent – Intention to do wrong, presumed from the mere doing of a wrong. The burden is on the wrong doer to prove that he acted without criminal intent.

Special Intent – Intention to commit a definite act, existence is not presumed. Since special intent is one of the elements of the crime, it is the burden of the prosecution to prove its existence.

Mala In Se vs. Mala Prohibita

Mala In Se – wrong from its very nature, good faith is valid defense as long as the crime is not the result of culpa, criminal intent is an element, degree of accomplishment is taken to account, mitigating and aggravating circumstances are also taken into account in imposing penalties. Generally the RPC is violated.

Mala Prohibita – wrong beause it is prohibited by law, good faith is not a valid defense, criminal intent is immaterial, as to degree of accomplishment – only gives rise to a crime when consummated. MC and AC are not taken into account. Generally Special laws are violated. Act alone irrespective of its motives constitutes the offense.

Formal Crimes vs Material Crimes

Formal Crimes – crimes which are consummated in one instance.

Material Crimes – Crimes that have various stages of execution.

Subjective Phase vs Objective Phase

Subjective Phase – portion of the acts constituting a crime, starting from the point where the offender begins the commission of the crime to that point where he still has control over his acts.

Objective Phase – the result of the acts of execution, that is, the accomplishment of the crime.

If the subjective and objective phase of the crime have been passed, there is a consummated felony.