1 0 obj In consideration of a price, reward, or promise; By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; On occasion of any calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity; With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corps. This law was effective in the Philippines until the American colonization of the Philippines. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws Article 1. A. Justifying Circumstances - These are the defenses in which the accused is deemed to have acted in accordance with the law and therefore the act is lawful. Any other intentional mutilation shall be punished by prision mayor in its medium and maximum… As some topics overlap, the list displays the… There is an attempt when the offender commences the commission of a felony directly or 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. 3815, with the enactment of the Revised Penal … Righting WRongs: CRiminal laW PRovisions in the PhiliPPines Related to national seCuRity and theiR imPaCt on human Rights defendeRs i. intRoduCtion 5 ii. 3815, as amended, otherwise known as the revised penal code, and for other purposes. There is no mens rea or criminal … Revised Penal Code, Art. A felony is consummated when all the elements necessary for its execution and accomplishment are present. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. Anti-Bouncing Check Law [BP. PHILIPPINE BAR EXAMINATIONS 2007-2013 In CRIMINAL LAW Compiled and Arranged By: Rollan, Faith Chareen “Pet2x” D. Salise, Hector Christopher “Jay-Arh” Jr. M. (University of San Jose-Recoletos School of Law) ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008) Violations of the crimes listed in the Revised Penal Code are referred to as mala in se, which literally means, that the act is inherently evil or bad or wrongful in itself. 3815 December 8, 1930 The Revised Penal Code of the Philippines Preliminary Article — This law … Lastly, accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission by: (a) profiting themselves or assisting the offender to profit by the effects of the crime, (b) concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery, or (c) harboring, concealing, or assisting in the escape of the principals of the crime. 968 (As amended by Presidential Decree No. [2] A murder is committed “with treachery” by, employing means, methods, or forms in the execution, which tend directly and specially to insure its execution, without risk to the offender arising from the defense which the offended party might make. Book Two of the Revised Penal Code on the other hand defines the specific crimes and the penalties imposable for each crime. Criminal law includes the punishment and rehabilitation of people who violate such laws. 5. Revised Penal Code' 2. The civil law operates in areas such as family relations, property, succession, contract and criminal law while statutes and principles of common law origin are evident in such areas as constitutional law, Attorney Rainier R. Mamangun is a senior partner and founder of a full-service law firm based in Pasig City, Philippines. Some examples are contempt or insult to public authority. Since the act is lawful, it follows that there is no criminal, no criminal liability and no civil liability, save in paragraph 4. 2 0 obj Accused is a person formally charged in court for having violated a penal law, either the RPC or a special law.. endobj Crimes are classified into crimes against national security (such as treason, espionage and piracy), crimes against the fundamental laws of the state (rebellion, coup d'état, sedition and public disorders), crimes against public interest (counterfeiting of currency, falsification of public documents), crimes against public morals, crimes committed by public officers, crimes against persons (parricide, murder, physical injuries, rape), crimes against security (kidnapping), and crimes against property (robbery, theft), among others. Multiple Choice Civil Law Bar Examinations (2013) c. University of the Philippines Law Center Suggested Answers in Civil Law (2014) d. Suggested Answers in Civil Law Bar Examinations (2015) 5. <> 499 (Cockfighting), Presidential Decree No. 1. However, when there is conspiracy, there will no longer be a distinction as to whether a person acted as a principal, accomplice or accessory, because when there is conspiracy, the criminal liability of all will be the same, because the act of one is the act of all. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws Article 1. Philippine criminal laws is the body of law and defining the penalties thereof in the Philippines. This is why liability would only arise when there is criminal intent or negligence in the commission of the punishable act. Characteristics of Criminal (Penal) Laws 1. Any person who, having found… The domestic-turned-national debacle between Commission on Elections chairman Andres "Andy" Bautista and his wife Patricia Paz "Tish" Bautista proves that there is, indeed, a thin line between love and hate. (b) Laws Preferential Applications Exceptions to Territoriality a) Article 2 of the Revised Penal Code 1. Decree) . 4 0 obj Conspiracy and proposal to commit a felony are generally not punishable, except for conspiracy and proposal to commit treason, coup d'État, and rebellion. Under Article 353 of the Philippines Revised Penal Code, libel is defined as “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.” GENERAL - the law is binding to all persons who reside in the Philippines 2. Learn more about the principles and types of criminal law in this article. Mercantile Law a. Mercantile Law (2014) b. Mercantile Law (2015) c. Mercantile Law II 6. This video was uploaded for the use of my fellow bar reviewers and law students who are also struggling for the Philippine bar review. PHILIPPINE LAW AND JURISPRUDENCE CRIMINAL LAW IN THE PHILIPPINES One of the general characteristics of criminal law is territoriality, which means that penal laws of the Philippines are enforceable only within its territory. These laws are called “Special Penal Laws” and they form part of Philippine Criminal Laws. Criminal law arranged by topic. endobj 9160 Anti-Money Laundering Law of 2001 Republic Act No. Common terms and phrases. human Rights defendeRs, theiR Rights, theiR Role in soCiety, and 7the Challenges they faCe iii. Criminal negligence is also an offense under the Revised Penal Code. Criminal Law Bar Examination Q & A (1994-2006). the PhiliPPine legal fRameWoRk 9 iv. 4. Generality. ANSWERS TO BAR EXAMINATION QUESTIONS IN CRIMINAL LAW ARRANGED BY TOPIC From the ANSWERS TO BAR EXAMINATION QUESTIONS IN CRIMINAL LAW by the UP LAW COMPLEX Persons who commit crimes when justifying circumstances are present do not incur criminal or civil liability. a o (Silliman University College of Law) From the ANSWERS TO BAR EXAMINATION QUESTIONS IN CRIMINAL LAW by the UP LAW COMPLEX and PHILIPPINE ASSOCIATION OF LAW SCHOOLS July 3, 2007 Finally, it provides for the extinction and survival of criminal and civil liabilities in crimes. The essence of treachery is that the attack comes without a warning and in a swift, deliberate, and unexpected manner, affording the hapless, unarmed, and unsuspecting victim no chance to resist or escape. (n) Article 2. Generality. Special criminal laws. Constitutions of the Republic of the Philippines (Past and Present) (external link) (Chan Robles Virtual Law Library) 3. International Constitutional Law: Philippines (external link) (Universität Bern Institut für Öffentliches Recht) background information only "A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008) Foreign Vessel (a) French Rule (b) English Rule Exception to Exception (a) When the New Law is Expressly made in applicable (b) Offender is habitual Criminal The Three (3) Theories of Criminal Law 1. 262. 3815, the Revised Penal Code of the Philippines (1930). Criminal law, the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders. 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