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Criminal Law 1 (Part 2)
Philippine Criminal Justice System (De La Salle University – Dasmariñas)
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Criminal law 1
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Criminal liability - the obligation To serve the Personal or OVERT ACT - Some physical activity or deed more than a
Imprisonment penalties but it also includes The liability to mere planning or preparation, which if carried out to its
pay fines or pecuniary penalties. complete termination following its natural course,
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without being frustrated by external obstacles nor by the
EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MAL CAUSADO voluntary desistance of the perpetrator, will logically
- He who is the cause of the cause is the cause of the evil caused. and naturally ripen in a concrete offense.
SPONTANEOUS DESISTANCE - It refers to the act of would-be
PROXIMATE CAUSE - That cause which in the ordinary and offender in not pursuing the performance of all the acts of
continuous sequence, unbroken by any efficient intervening execution.
cause produces the injury.
RATIONAL FOR SPONTANEOUS DESISTANCE - A sort of reward to
EFFICIENT INTERVENING CAUSE - Those that break the relation of those who heed the call of conscience and return to the
cause and effect. It is the new and independent act which itself path of righteousness. But the desistance should be made
is a proximate cause of an injury and which breaks the causal before all the acts of execution are performed.
connection between the original wrong and the injury.
FRUSTRATED FELONY REQUISITES
IMPOSSIBLE CRIMES - Those crimes which would have been 1. Offender performs all the acts of execution
committed against person or property were it not for the 2. Felony is not produced
inherent impossibility of its accomplishment or on account of 3. By reason of cause independent of the will of the
the employment of inadequate or ineffectual means. perpetrator
GENERAL RULE: Conspiracy and Proposal to Commit a Felony
are punishable only in the cases in which the law
specifically provides a penalty therefore, therefore they
are not punishable in general.
1. Conspiracy to commit treason
(Art.115);
STAGES IN THE EXECUTION OF A FELONY (Art.6) 2. Conspiracy to commit rebellion or
1. CONSUMMATED - When all the elements necessary for its insurrection (Art. 136);
accomplishment and execution are present CASES 3. Conspiracy to commit sedition
2. FRUSTRATED - When the offender performs all the acts of WHERE MERE (Art. 141);
execution which would produce the felony as a consequence but CONSPIRACY 4. Conspiracy in restraint of trade
which, nevertheless do not produce it by reason of causes IS ALREADY or commerce (Art. 186)
independent of the will of the perpetrator. PUNISHABLE 5. Conspiracy to commit terrorism
3. ATTEMPTED - When the offender commences the commission of under RA 11479 which repealed RA
a felony directly by overt acts, and does not perform all the 9372.
acts of execution which should produce the felony by reason of 6. Conspiracy to commit arson under
some cause or accident other than his own spontaneous PD 1613.
desistance.
1. Proposal to commit treason (Art.
ATTEMPTED FELONY REQUISITES CASES WHERE 115);
a. Offender commences the commission of a felony directly by MERE PROPOSAL 2. Proposal to commit rebellion or
overt acts IS ALREADY insurrection (Art. 136)
b. He does not perform all the acts of execution PUNISHABLE 3. Proposal to commit coup d’ etat
c. He is not stopped by his own spontaneous desistance 4. Proposal to Commit Terrorism
d. The non performance of the all acts of execution was due to under RA 11479
cause or accident other than his own spontaneous desistance.
INDETERMINATE OFFENSE - It is one where the purpose of the RULE IN CONSPIRACY - When there is conspiracy, the act of one
offender in performing an act is not certain. is the act of all.
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