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TitlePointers in Criminal Law.pdf
TagsCrimes Crime & Justice Ex Post Facto Law Witness Conspiracy (Criminal)
File Size423.8 KB
Total Pages70
Document Text Contents
Page 1

TABLE OF CONTENTS





Introduction…………………………………………………………….. 1





Book One



GENERAL PROVISIONS REGARDING THE DATE OF

ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF

THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS

LIABLE AND THE PENALTIES





Title One





FELONIES AND CIRCUMSTANCE WHICH AFFECT CRIMINAL

LIABILITY



Chapter One – Felonies………………………………………………. 11



1. Classification of Felonies…………………………………. 12

2. Incurrence of Criminal Liability ……………………………14

3. Duty of Court When Penalty is Excessive………………. 20

4. Stages of Execution……………………………………… ..21

5. Light Felonies………………………………………………. 24

6. Conspiracy and Proposal to Commit Felony……………. 25

7. Offenses not Subject to the Code…………………………26



Chapter Two – Circumstances Affecting Criminal Liability …………27



1. Justifying Circumstances……...………………………….…27

2. Exempting Circumstances…………………………………. 32

3. Mitigating Circumstances……..…………………………… 37

4. Aggravating Circumstances….…………………………….. 43

5. Alternative Circumstances…….……………………………. 62

Page 2

Title Two



PERSONS CRIMINALLY LIABLE FOR FELONIES



1.Who are liable ……………………………………….. …..65

2. Principals…………………………………………………...65

3. Accomplices………………………………………………..68

4. Accessories………………………………………………...69



Title Three



PENALTIES



1. Penalties In General……………………………………...73

2. Classification of Penalties……………………………… .73

3. Duration of Penalties………………….………………….75

4. Preventive and Subsidiary Imprisonment………………76

5. Application of Mitigating and Aggravating………………77

6. Other Effects of Penalty…………………………………..80

7. Complex Crimes and Their Penalties………..………….81

8. Continuing Crime………………………………..…………82

9. Indeteminate Sentence Law………………………………83

10. Probation Law………………………………………………86

11. Conditions of Probation……………………………………88

12. Other Instances When Probation Not Applicable……….88



Title Four



EXTINCTION OF CRIMINAL LIABILITY: TOTAL AND PARTIAL



1. Extinction of Criminal Liability (Total and Partial)……….89

2. Reason for Prescription of the Crime

and/or Penalty…………………………………..………94

3. Marriage of the Offended Party with

the Offender…………………………………………..…95

4. Partial Extinction of Criminal Liability……………………..96

Page 70

The same rule applies to employers, teachers of persons engaged in any kind of

industry, for felonies committed by their servants, pupils, workmen, apprentices, or

employees in the discharge of their duties. (Art. 103)



The civil obligations arising from crimes devolve upon the heirs of the person

criminally liable, and the action demand likewise descends to the hiers of that person

injured. (Art. 108, RPC)



Thus, if A was found guilty of killing B, and was sentenced to reclusion perpetua

and to pay the heirs of B, fifty thousand (P 50,000.00) but died while serving sentenced,

his (A’s) heirs are bound to pay the heirs of B the said amount of fifty thousand (P

50,000.00) if he left properties sufficient to cover the civil liability.



However, if on account of a business transaction between the heirs of A, and the

heirs of B, the latter owe the former thirty thousand (P30,000.00), the heirs of the

convicted man A, can deduct the said indebtedness from the fifty thousand (P 50,000.00)

award provided in the decision, since civil liability arising from the crime shall be

extinguished in the same manner as other obligations in accordance with the provisions

of the Civil Code. (Art. 112, RPC)



This is subject however to the provision of Article 1288 of the Civil Code of the

Philippines which provides:



Article 1288. Neither shall there be compensation if one of the

debts consist in civil liability arising from a penal offense.



The convict shall be obliged to satisfy the civil liability contained in the judgment

of conviction even if he has served his sentence, or has not been required to serve the

same by reason of amnesty, pardon, commutation of sentence or any other reason. (Art.

113, RPC)

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