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(Art 163) Person Who Makes False or Counterfeit Coins and (Art 166) Forges Treasury or

The document discusses the theories of criminal law and how the RPC applies both within and outside the Philippines. It outlines crimes that can be prosecuted under Philippine law even if committed abroad, such as crimes committed on Philippine ships or against Philippine currency. The document also discusses the stages of crimes from attempted to frustrated to consummated and the elements required for attempted felonies. Various cases are referenced as examples.

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49 views

(Art 163) Person Who Makes False or Counterfeit Coins and (Art 166) Forges Treasury or

The document discusses the theories of criminal law and how the RPC applies both within and outside the Philippines. It outlines crimes that can be prosecuted under Philippine law even if committed abroad, such as crimes committed on Philippine ships or against Philippine currency. The document also discusses the stages of crimes from attempted to frustrated to consummated and the elements required for attempted felonies. Various cases are referenced as examples.

Uploaded by

Quiqui
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
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ARTICLE 1 TIME WHEN ACT TAKES EFFECT (Took effect January 1932)

- The RPC is based on the principles of old or classical school

Theories in Criminal Law


CLASSICAL THEORY POSITIVIST THEORY
- BASIS of criminal liability is human free will - BASIS of criminal liability is the sum of social
- PURPOSE of the penalty is retribution & natural phenomenon
- FOCUSING more upon the felonious act - PRUPOSE of penalty is to imposed for
than prevent or correct conduct of man
upon the man - cannot be treated by the application of
- establish a MECHANICAL & DIRECT abstract principles of law & jurisprudence but
PROPORTION between crime & penalty rather through the enforcement of individual
- scant (little) regard to the human element measures.

ARTICLE 2 APPLICATION OF ITS PROVISIONS [committed outside the Ph]


Enforced not only w/in the Ph Archipelago, including its atmosphere, interior waters and maritime zone,
but also outside of its jurisdiction against those who:

1. Commit an offense while on a Ph ship or airship (S)


- Offender commits a crime while on a Ph ship/airship
i. Even if the Ph ship/airship is outside of the Philippine national territory but
when the Ph vessel is in the territory of a foreign country, the crime committed
on the vessel is subject to that country’s law.
ii. Aircraft/ ship/vessels should be registered in the Philippine Bureau of Customs
or to any countries where they belong (will be determine thru its registration)

2. Forge or counterfeit any coin/currency note of the Ph islands or obligations/securities issued by


the gov’t of the Ph (F)
- (Art 163) person who makes false or counterfeit coins and (Art 166) forges treasury or
bank notes, in a foreign country may be prosecuted before our courts for violation of Art
163 & 166 of the RPC

3. Liable for acts connected w/ the introduction into these islands of the obligation and securities
mentioned in #2 (ION)
- Introduction of forge/counterfeit coins (is dangerous to the economical interest of the
country)

4. While being public officers/employees and committed an offense in the exercise of their
function
- Felonies created abroad by any public officers/employees while in the exercise of their
function can be prosecuted here in the Ph.

5. Commit any of the crimes against national security & the law of nations

Scope of the applications of the provisions of the RPC


- Not only the entire Ph archipelago but also outside of its jurisdiction in certain cases.
Crimes punishable under Article 2
- Crimes committed outside Ph but punishable therein under Article 2 shall be cognizable by the
RTC in w/c the charged is first filed.

Continuing offense onboard a foreign merchant ship or airship


- A good transported from a foreign country in a foreign ship into our port, which then violates a
law is suitable in the Ph jurisdiction.

Offenses committed on board a foreign merchant vessel while on Ph waters is triable before our court
- Ph territory extend 3 miles from the headlands and a foreign ship entering the 3 miles limit
(officers and crews) will be subject to Ph jurisdiction

Rules as to jurisdiction over crimes committed aboard a foreign merchant vessels while in the
territorial waters of another country:
1. French Rule- not triable on the courts of that country unless safety of the state is endangered
2. English Rule- triable on the court of that country unless they merely affect things within the
vessel.
*Ph observes the English Rule*
*Felonious homicide is subject to local jurisdiction- consul has no right to interfere*
*Philippines has jurisdiction on crimes committed if it disturbs public order*

ARTICLE 3 DEFINITION OF FELONIES


ARTICLE 4 CRIMINAL LIABILITY
IMPOSSIBLE CRIME
- Could not be committed cause its accomplishment is inherently impossible
- PENALTY: Arresto Mayor (or a fine from 200 to 500 pesos Art 59, RPC)
- so long as there is another crime the penalty is Arresto Mayor; if there is no another crime
penalty is Arresto Minor
- REQUIREMENT: only applicable if there is no other crime committed.
Technically there is no crime as Physical Injuries (- always consummated), it depends on the gravity of
the physical injuries (types: serious, slight serious, less serious)
- REQUIREMENT: the injury should be inflicted to the victim
*skipped article 5*

Art 6, RPC
I. Stages of the Crime
Consummated felony Frustrated felony Attempted felony
- All the acts are performed - Performs all the acts of - Performs all acts but did
and accomplished the crime execution but did not not accomplished the crime
accomplished the crime due due to spontaneous
to some other cause desistance.
beyond the perpetrators - only attempted if he has
control. not committed the crime
- mortal injury must be and has a change of mind
inflicted to the victim
SUBJECT PHASE- acts of offender which he has control (Consummated and attempted)
OBJECTIVE PHASE-
*Drawing a weapon during a quarrel- other life threats
*Purpose is to threaten- grave threats

ELEMENTS OF ATTEMPTED FELONY


1. Offender commences commission directly by overt acts:
a. There be external acts
b. External acts should have connection with the crime intended to be committed.
2. Does not perform all the acts of executions which produce the felony
3. The offenders act was not stopped by his own spo

STAGES OF RAPE
PP vs. Aca-ac (2nd stage of rape)
PP vs. Orita

ARSON: ATTEMPTED, FRUSTRATED, CONSUMMATED


PP v. Garcia- torch burned out (attempted)
US v. Valdez- arson (owners put out burning jute sacks (Frustrated)

ATTEMPTED FROM FRUSTRATED HOMICIDE/ MURDER/ PARRICIDE/ INFANTICIDE


- A mortal wound should be inflicted

NO MORE FRUSTRATED THEFT


Valenzuela v. People (552 Phil 381, 6-21-2007)
- Charged for frustrated theft
- Consummated if nilapas na sa counter
- If gibalik ang butang dili na attempted

Canceran vs. People (GR 206442, 7-1-2015)

GENERAL RULE
1. Overt acts
2. Passing of the stages
3. ?

BRIBERY/ CORRUPTION
Consummated (direct) bribery- a promised is more than enough to prove bribery
Receiver- bribery (crime committed; kinds of bribery direct & indirect)
Giver- corrupt
Bribery is committed by a public official in relation to his duties
Bribery- there should be agreement between the parties
Legal way of bribery- entrapment or buy bust
STAGES OF FELONY DO NOT APPLY:
1. Crimes punished under special laws (general rule)
2. Crimes by omission
3. Formal crimes (e.g physical injuries)

Coverage for pre-mid:


- Article 1 to 6 (do not include 5)
- No class on Wednesday (study for pre-mid)
- Total of 100 points
o Each question 10 points
o Observe proper margins
o Write # or letters at the center
o Avoid erasures
o Answer the question directly, supporting paragraphs should be in the 2 nd paragraph.

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