Course-outline_crimes-and-the-criminal-justice-system-1.pdf

UNIVERSITY OF SANTO TOMAS FACULTY OF ARTS AND LETTERS Course Title: Course Credit: Section: Facilitator:

CRIMES & THE CRIMINAL JUSTICE SYSTEM Three units 4LM2/P-LM22 Atty. Teodoro Lorenzo A. Fernandez, A.B. (Legal Mgmt.), LL.B., LL.M.

RECOMMENDED ANNOTATIONS 1. 2. 3. 4. 5.

Luis B. Reyes, The Revised Penal Code, Criminal Law. (Latest ed). Book One. Luis B. Reyes, The Revised Penal Code, Criminal Law. (Latest ed). Book Two. Leonor D. Boado, Notes and Cases on the Revised Penal Code. (Latest ed). Ruben E. Agpalo, Handbook on Criminal Procedure. (Latest ed). Oscar Herrera, Sr., Vol. IV: Criminal Procedure. (Latest ed).

GRADING SYSTEM The final grade of every student shall be determined by his ratings in the following : a. Preliminary period grade (50 percent). a.1. Preliminary examination (70 percent) a.2. Class standing (30 percent) b. Final period grade (50 percent). b.1. Final examination (70 percent) b.2. Class standing (30 percent) Maximum number of absences. Given that this is a three-unit subject, UST allows a total of 11 hours worth of absences for the entire semester. Students who exceed the limit will automatically receive a grade of “FAILED due to absences.” Students are reminded to check their respective copies of UST’s student handbook for other rules involving grades, absences, examinations, uniform, and the like. COURSE OUTLINE For first week a. Discuss Department of Education Culture and Sports v. San Diego, G.R. No. 89572, 21 December 1989. b. What is law as defined by St. Thomas Aquinas? c. What are the three inherent powers of the State? d. What is Criminal Law? e. What is crime? f. What are the sources of criminal law? g. What are the constitutional limitation on penal legislation? h. What are the three main characteristics of criminal law? Page 1 of 9

i. How are penal laws construed? i.1. Discuss People v. Mangulabnan, 99 Phil. 992, G.R. No. L-8979, 28 September 1956. j. Discuss the two theories in Criminal Law. k. Memorize and discuss Article 2 of the Revised Penal Code. l. What is the English Rule? m. What is the French Rule? n. Which Philippine court shall take cognizance of crimes committed outside of the Philippines, but punishable under Article 2 of the Revised Penal Code? o. May Philippine courts exercise jurisdiction over crimes committed on board a foreign warship while inside Philippine territorial waters? p. Memorize and Discuss Article 3 of the Revised Penal Code. q. What is a felony? r. What are the elements of felonies? s. What is the meaning of act? t. What is the meaining of omission? u. What are the classes of felonies according to the means by which they are committed? v. What is dolo w. What are the requisites of dolo? x. What is mistake of fact? v.1. Discuss United States v. Ah Chong, G.R. No. L-5272, 19 March 1910 y. What are the requisites of mistake of act as a defense? z. Distinguish between mistake of fact and error in personae or mistake in the identity of the victim? aa. What is culpa? bb. What are the requisites of culpa? cc. What is mala in se? dd. What is mala prohibita? ee. Distinguish motive from intent. ff. When is motive relevant? gg. How is motive proven? For second week a. Memorize Article 4. b. Discuss the first paragraph of Article 4. c. What is the purpose of the first paragraph of Article 4? d. Discuss error in personae. e. Discuss mistake in the blow. f. Discuss praeter intentionem d.1. Discuss People v. Ortega, Jr. and Garcia, G.R. No. 116736, 24 July 1997. g. What are the requisites to make paragraph one of Art. 4 applicable? h. Discuss the relationship of proximate cause to criminal liability. i. What is an efficient intervening cause? f.1. Discuss Urbano v. Intermediate Appellate Court, G.R. No. 72964, 07 January 1988. j. What is a supervening event? k. What is an impossible crime? l. What are the requisites of an impossible crime? m. What is the reason for punishing impossible crime? Page 2 of 9

n. o. p. q. r. s. t. u. v. w.

m.1. Discuss Jacinto v. People of the Philippines, G.R. No. 162540, 13 July 2009. m.2. Discuss Intod v. Court of Appeals, G.R. No. 103119, 21 October 1992. Discuss Article 5. Memorize and discuss Article 6. What are the stages in the development of crime? What are the elements of an attempted felony? What is an overt act? What are the elements of a frustrated felony? What are the elements of a consummated felony? Discuss the manner of committing a crime. Memorize and discuss Article 7. What is the reason for penalizing the commission of a light felony?

For third week a. Memorize and discuss Article 8. b. What is conspiracy? c. Explain proposal to commit a felony. d. Are conspiracy and proposal to commit a felony punishable? Explain. e. When are conspiracy and proposal to commit a felony punishable? Explain. f. Why is conspiracy and proposal to commit a felony punishable for crimes against external and internal security of the State? g. Distinguish between conspiracy and proposal to commit a felony. h. What are the kinds of conspiracy? Explain. i. What are the requisites of conspiracy? j. What is the quantum of proof to establish conspiracy? j.1. Discuss People of the Philippines v. Henry Ortiz, G.R. No. 111713, 27 January 1997. k. What are the requisites of proposal? l. What is Article 9? m. What are grave felonies? n. What are less grave felonies? o. What are light felonies? p. Discuss Article 10. q. Memorize and discuss Article 11. r. Discuss each of the justifying circumstances under Article 11. s. What must an accused establish to successfully invoke self defense? Explain each. s.1. Unlawful aggression. Discuss People v. Manzano, G.R. No. 217974, 05 March 2018. s.2. Reasonable necessity of the means employed and the doctrine of rational equivalence. Discuss Espinosa v. People, G.R. No. 181071, 15 March 2010. s.3. Lack of sufficient provocation. People v. Boholst-Caballero, G.R. No. L-23249, 25 November 1974/ t. When is incomplete self-defense present? What is its effect. t.1. Discuss People v. Oandasan, G.R. No. L-29532, 28 September 1968. u. Discuss defense of a relative. What are its requisites? v. Discuss defense of a stranger. What are its requisites? w. What are the requisites for the application of of Art. 11 (4)? w.1. Discuss Marzalado v. People, G.R. No. 152997, 10 November 2004. x. What are the requisites for the application of Art. 11 (5)? Page 3 of 9

x.1. Discuss Frias, Jr. and Tacas v. People, G.R. No. L-65762, 23 June 1984. y. What are the requisites for the application of Art. 11 (6)? y.1. Discuss Apelado, Sr. v. People, G.R. No. 175482, 06 July 2011. For fourth week a. Memorize Article 12 in relation to Sec. 6 of RA 9344 b. Distinguish between the effect of a justifying circumstance and an exempting circumstance regarding the existence of a crime and civil liability. c. State the basis for each of the exempting circumstances. d. Explain Par. 1 of Article 12. e. Distinguish between and insane person and an imbecile. e.1. Discuss People v. So, G.R. No. 104664, 28 August 1995. e.2. Discuss People v. Formigones, G.R. No. L-3246, 29 November 1950 f. Explain Par. 2 of Article 12 in relation to Sec. 6 of RA 9344. g. Explain Par. 3. of Article 12 in relation to Sec. 6 of RA 9344. h. Read and explain Secs. 38 and 40 of RA 9344. i. Discuss, state the elements of, and explain each of the remaining four exempting circumstances. j. Explain Par. 4 of Article 12. j.1. Discuss U.S. v. Tañedo, G.R. No. L-5418, 12 February 1910. k. Explain Par. 5 of Article 12. k.1. Discuss People v. Lorenzo, G.R. No. L54414, 09 July 1984 l. Explain Par. 6 of Article 12. l.1. Discuss People v. Semañada, G.R. No. L-11361, 26 May 1958. m. Explain Par. 7 of Article 12. n. What is an absolutory cause? o. What is entrapment? p. What is instigation? q. Distinguish instigation from entrapment? q.1. Discuss People v. Casio, G.R. No. 211465, 03 December 2014. r. Memorize Article 13. s. What are the classes of mitigating circumstances? Explain each. t. Disctinguish between an ordinary mitigating circumstance and a priviliged mitigating circumstance. z. Explain each of the 10 mitigating circumstances. Discuss their requisites. aa. No intention to comit so grave a wrong. Garcia v. People, G.R. No. 171951, 28 August 2009. bb. Provocation. Romera v. People, G.R. No. 151978, 14 July 2004. cc. Immediate vindication of a grave offense. People v. Rosel, G.R. No. L-46095, 10 Oct. 1938. dd. Passion and obfuscation. People v. Bello, G.R. No. L-18792, 28 February 1964. ee. Voluntary surrender and confession of guilt. People v. Fontalba, G.R. No. L-3126, 05 July 1935. ff. Deaf and dumb. People v. Navarro, 97 Phil. 990. gg. Illness of the offender. People v. Javier, G.R. No. 130654, 28 July 1999. hh. Analogous circumstances. People v. Genosa, G.R. No. 135981, 14 January 2004.

Page 4 of 9

For fifth week a. Memorize Article 14. b. What is an aggravating circumstance? c. Explain generic, specific, qualifying, and inherent aggravating circumstances? d. What is a special aggravating circumstance?1 d.1. People v. De Leon, G.R. No. 179943, 26 June 2009 e. Distinguish a generic aggravating circumstance from a qualifying aggravating circumstance. f. What is an inherent aggravating circumstance? g. What is the effect proving an aggravating circumstance not alleged in an information during trial? g.1. Discuss People v. Casitas Jr., G.R. No. 137404, 14 February 2003. h. Discuss and state the basis for each of the aggravating circumstances. i. Discuss the following cases: i.1. Nighttime. People v. Tolentino, G.R. No.. 176385, 26 February 2008 i.2. Evident premeditation. People v. Escarlos. G.R. No. 148912, 10 September 2003. i.3. Craft, fraud, or disguise. People v. Reyes, G.R. No. 118649, 09 March 1998. i.4. Abuse of superior strength. People v. Villanueva, G.R. No. 226475, 13 March 2017. i.5. Treachery. People v. Gonzales, G.R. No. 139542, 21 June 2001. i.6. Treachery. People v. Viscarra, G.R. No. 190322, 26 November 2014. i.7. Ignominy. People v. Mejorada, G.R. No. 102705, 30 July 1993. i.8. Cruelty and Uninhabited Place. People v. Dizon, G.R. No. 134802, 26 October 2001. j. Memorize Article 15. k. What is an alternative circumstance? l. What is its basis? m. Discuss each of the alternative circumstances. m.1. Relationship. People v. Fernandez, G.R. No. 176060, 05 October 2007 m.2. Intoxication. People v. Sitchon, G.R. No. 134362, 27 February 2002. m.3. Degree of instruction. People v. Abanes, G.R. No. L-30609, 28 September 1976. For sixth week a. Memorize Article 16. b. May a corporation be held criminally liable? c. Memorize Article 17. d. Discuss the three kinds of principals and their respective requisites. d.1. Discuss People v. Dulay, G.R. No. 193854, 24 September 2012. d.2. Discuss People v Sanchez, G.R. No. 131116, 27 August 1999. e. Memorize Article 18. f. Distinguish between an accomplice and a conspirator. f.1. Discuss People v. De Vera, G.R. No. 128966, 18 August 1999. g. What are the requisites before a person is considered an accomplice? h. Memorize Article 19. i. Discuss the three kinds of accessories. j. Discuss Vino v. People, G.R. No. 84163, 19 October 1989. k. Read Presidential Decree No. 1612 (Anti-Fencing Act of 1979) 1

See Sections 1 and 2 of Republic Act No. 8294 for examples of special aggravating circumstances.

Page 5 of 9

k.1. Who is a fence? k.2. Discuss Dizon-Pamintuan v. People, G.R. No. 111426, 11 July 1994. l. Memorize and discuss Article 20. m. Discuss Article 21. n. What is a penalty? o. What is the purpose of the state in punishing crimes? p. Discuss the theories justifying penalty. q. Discuss Article 22. r. Who is a habitual delinquent? s. Discuss Article 23. t. Dicuss Article 25 in relation to Article 27. u. What is a fine? Read Article 26 in relation to Section 2 of Repulic Act No. 10951 . v. Read Articles 28 to 33. w. Discuss Article 34. x. Discuss Article 35. y. Distinguish bond to keep peace from bail bond. z. Discuss Article 36. z.1. Discuss Risos-Vidal v. COMELEC and Estrada, G.R. No. 206666, 21 January 2015. aa. Discuss Article 39 in relation to Republic Act No. 10159. bb. Does subsidiary imprisonment violate a person’s right not be imprisoned for nonpayment of a debt? cc. Read Articles 40 to 46. dd. Discuss Article 47. ee. When is the death penalty not imposed? ff. Discuss Article 48. gg. What is a complex crime? hh. What are the two kinds of complex crimes? ii. What is a special complex crime or a composite crime? ii.1. Discuss People v. Jugueta, G.R. No. 202124, 05 April 2016. jj. What is plurality of crimes? kk. What are the kinds of plurality of crimes? ll. What is a continued crime? mm. Distinguish between a continued crime and a complex crime. nn. What is a transitory crime? For seventh week a. Discuss the penalties to be imposed upon the principals when the crime committed is different from that intended. b. Discuss Articles 50 to 57 regarding penalties imposed upon principals, accomplices, and accessories of consummated, frustrated, and attempted felonies. c. Discuss Article 58. d. What is the penalty for committing an impossible crime? e. Discuss exceptions to the rules established under Articles 50 to 57. f. Discuss the rules for graduating penalties under Article 61. g. Discuss the rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency. h. Who is a habitual delinquent? Page 6 of 9

i. j.

How is the 10-year period in habitual delinquency computed? May a trial court impose the penalty for habitual delinquency even if it was not alleged in the Information? j.1. Discuss People v. Venus, G.R. No. 45141, 15 September 1936. k. Discuss the rules for the application of indivisible penalties under Article 63. l. What are the indivisible penalties? m. Discuss the rules for the application of penalties which contain three periods under Art. 64. n. Discuss the rules in cases in which the penalty is not composed of three periods under Art. 65. o. Read Articles 66-67. p. Discuss the penalty to be imposed upon a person under 18 years of age as stated in Art. 68. q. Discuss the penalty to be imposed when the crime committed is not wholly excusable. r. Discuss successive service of sentences and simultaneous services of sentences under Art. 70. r.1. Discuss In the Matter of the Petition for Habeas Corpus of Pete Lagran, G.R. No. 147270, G.R. No. 15 August 2001. s. What is the three-fold rule? When is it applicable? s.1. Discuss Aspra v. Director of Prisons, G.R. No. L-3643, 07 March 1960. t. Read Articles 71 to 77. Memorize Article 76, particularly the table showing the duration of divisible penalties and the time included in each of their periods. u. What is a complex penalty? v. Read Sections 1 and 2 of the Indeterminate Sentence Law (Act No. 4103). w. Read Sections 4 and 9 of the Probation Law, as amended (P.D. 968, as amended). x. What is probation? When is an application for probation filed? y. Read Articles 78 to 88. z. How is criminal liability totally extinguished under Article 90? aa. What is the effect of extinction of criminal liability upon the civil liability? bb. What is the effect of death of the accused pending appeal on his criminal and civil liability? bb.1. Discuss People v. Bayotas, G.R. No. 102007, 02 September 1994. cc. Discuss prescription of crimes under Article 90. dd. Read Act No. 3326 (prescription of crimes for special penal laws). ee. Discuss computation of prescription of offenses under Article 91. ff. Discuss prescription of penalties under Article 92. gg. Distinguish between prescription of crimes and prescription of penalties. hh. Discuss computation of prescription of penalties under Article 93. ii. Discuss partial extinction of criminal liability. jj. Dicuss allowance for good conduct under Article 97. kk. Discuss Article 100. ll. Read Articles 101 to 103. mm. What is included in civil liability? nn. Discuss and distinguish between restitution, reparation, and indemnification. oo. Discuss Article 108. pp. What is the share of each person civilly liable? qq. Read Articles 110 to 113. Page 7 of 9

Eighth week a. What is Article 246? b. What are the elements of parricide? b.1. Discuss People v. Ignacio, G.R. No. 107801, 26 March 1997. b.2. Discuss People v. Sales, G.R. No. 177218, 03 October 2011. c. What is Article 247? d. What are the elements of death or physical injuries inflicted under exceptional circumstances? d.1. Discuss People v. Abarca, G.R. No. 74433, 04 September 1987 d.2. Discuss People v. Oyanib, G.R. No. 130634-35, 12 March 2001. e. What is Article 248? f. What are the elements of murder? f.1. Discuss People v. Mapalo, G.R. No. 172608, 06 February 2007. g. What is Article 249? h. What are the elements of homicide? h.1. Discuss Abella v. People, G.R. No. 198400, 07 October 2013. i. What is a tumultuous affray? j. What are the elements of death caused in a tumultuous affray? j.1. Discuss People v. Wacoy, G.R. No. 213792, 22 June 2015. k. What are elements of phsycial injuries inflicted in a tumultous affray? l. How is the crime of giving assistance to suicide committed? m. What is Article 254? n. What are the elements of discharge of firearm? o. What is Article 255? p. What are the elements of infanticide? q. What is Article 256? r. What are the elements of intentional abortion? s. What is Article 257? t. What are the elements of unintentional abortion? u. What is Article 258? v. What are the elements of abortion practiced by the woman herself or by her parents? w. What is Article 259? x. What are the elements of abortion practiced by a physician or midwife? y. What is a duel? z. Who are liable in a duel? aa. Who is a second? bb. What is challenging to a duel? cc. What is Article 262? dd. What are the elements of mutilation? dd.1. Discuss Aguirre v. Secretary of Justice, G.R. No. 170723, 03 March 2008. ee. When is physical injuries considered serious physical injuries? ff. What is considered as a deformity? gg. What is Article 264? hh. When is physical injuries considered less serious physical injuries? ii. When is physical injuries considered slight physical injuries? jj. What is maltreatment? Page 8 of 9

kk. What is Article 266-A? ll. What are the elements of rape? ll.1. Discuss People v. Orita, G.R. No. 88724, 03 April 1990. ll.2. Discuss People v. Campuhan, G.R. No. 129433, 30 March 2000. ll.3. Rape by sexual assault. People v. Bagsic, G.R. No. 218404, 13 December 2017. ll.4. Statutory rape. People v. Lupac, G.R. No. 182230, 19 September 2012. ll.5. Maria Clara (women’s honor) doctrine. People v. Amarela and Racho, G.R. No. 22564243, 17 January 2018. mm. When is there qualified rape? nn. What is Article 266-C?

Page 9 of 9