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28 Cards in this Set
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Article 5 Duty of the Court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalities |
Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reason which induce the court to believe that said act should be made the subject of penal legislation. In the same way, the Court shall submit to the Chief Executive, though the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense. |
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Dura lex sed lex |
The law may be harsh but that is the law. The judiciary can do nothing but apply it, even in cases where doing such would seem to result in grave injustice. The only recourse is for the Court to recommend legislative action or executive action and hope that the proper departments act promptly and accordingly. |
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What is the duty of the court in connection with acts which should be repressed but which are not covered by the law? |
Under par 1 of Article 5 of the Revised Penal code of the Philippines, whenever the court has knowledge of any act, it deemed the need to repress and is not punishable by law, the court shall render proper decision. It will then report to the President, through DOJ, the reasons why the court deemed the act be made a subject of legislation. |
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What is the duty of the court in cases of excessive penalties? |
Whenever the court finds that a strict enforcement of the RPC would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense, the court shall submit to the Chief Executive, through the DOJ, such statement as may be deemed proper, without suspending the execution of the sentence. (par 2 Article 5 of RPC) |
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Article 6 |
Consummated felonies, as well as those which are frustrated and attempted are punishable. A felony is consummated when all the elements necessary for its execution and accomplishment are present, and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly by 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. |
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Stages of Development of a crime |
A. Internal Acts- exist in the mind, and are not punishable. B. External Acts 1. Preparatory Acts 2. Acts of Execution. |
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What are Preparatory Acts? |
Preparatory Acts are those initial acts of a person who has conceived the idea of committing a crime, but which cannot by themselves logically and necessarily ripen into a concrete offense. They are not eve overt acts and hence, they do not constitute the attempted stage of the acts of execution. |
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Examples of Preparatory Acts |
a. Buying or obtaining an instrument to commit murder, homicide, robbery, or abortion b. Preparing false vouchers and receipts |
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Are preparatory acts punishable? |
Generally, preparatory acts are not punishable, because the law regards them as innocent or at least permissible, except in rare and exceptional cases when the law makes the preparatory act punishable and provides a corresponding penalty. |
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Examples of Preparatory Acts that are punishable by law |
1. Conspiracy to commit treason, rebellion, and sedition 2. Proposal to commit treason and rebellion 3. Preparatory Acts which are considered in themselves, by law, as independent crimes: - possession of picklocks which is preparatory to the commission of robbery with force upon things (Art 304 RPC) - possession of unlicensed firearm (RA 8294) (^distinct crimes) |
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What are Acts of Execution? |
a. Directly connected to the intended crime. b. Is punishable under the RPC c. Usually overt act with a logical relation to a particular concrete offense. The external acts must have a direct connection with the crime intended to be committed by the offender. |
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What is an indeterminate offense? |
It is one where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is ambiguous. The accused may be convicted for a felony defined by the acts performed by him up to the time of his desistance. |
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Three Stages of Execution of a Felony |
1. Attempted Stage 2. Frustrated Stage 3. Consummated Stage |
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When stages of felony do not apply |
1. Offenses punished by special laws (unless the special law specifically provides otherwise) 2. Formal Crimes - consummated by a single act (slander, adultery, etc.) 3. impossible crimes 4. Crimes consummated by mere attempt (attempt to flee to an enemy country, treason, corruption of minors) 5. Felonies by omission 6. Crimes committed by mere agreement (betting in sports, corruption of public officers) |
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Two phases of felony |
1. Subjective Phase 2. Objective Phase |
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Subjective Phase |
It is that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts, including their natural course. If in between these two points, the offender is stopped by reason of a cause other than his own spontaneous desistance, the subjective phase has not been passed and it is only in the attempted stage. |
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Objective Phase |
It is that portion of the acts of the offender, where he has no more control over the same. All the acts of execution have been performed by him. He is now in the waiting stage. |
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Attempted Felony |
A felony is attempted when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which would produce the felony by reason of some cause or accident other than his own spontaneous desistance. It is the beginning of the subjective phase. |
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What is an Overt Act? |
An overt acts is a physical activity or deed, indicating an intention to commit a particular crime, more than mere planning, or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles, nor by voluntary desistance of the perpetrator will logically ripen into a concrete offense. |
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In what stage of the acts of execution is it important to determine the existence of the overt act? |
The existence of the overt act is important only in the attempted stage of the acts of execution. It is not necessary to determine its existence in the other stages. |
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Essential elements of attempted felony |
1. The offender commences the commission of the felony directly by overt acts 2. he does not perform all the acts of execution which should produce the felony 3. the offender's act be not stopped by his own spontaneous desistance 4. the non-performance of all the acts of execution was due to cause or accident other than his spontaneous desistance. |
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Attempted Stage in crimes involving violence and presence of intent to kill |
In crimes involving violence and there is intent to kill, the offender does not perform all the acts of execution if he does not inflict a mortal wound. The crime is only in the attempted stage. |
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A with intent to kill hacked B but missed hitting him. Is A criminally liable? If so, for what crime? |
A is criminally liable in committing attempted homicide. A with the intent to kill commenced to perform the crime directly by overt acts. It is only in the attempted stage since A failed to inflict mortal or serious wound, thus was unable to perform all acts of execution. |
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A with intent to kill hacked B. B was hit and suffered a small cut on the arm that required medical attendance or incapacity for labor for 4 days. What crime did A commit? |
A committed attempted homicide due to the presence of an intent to kill. A commenced to perform the crime directly by overt acts. It is only in the attempted stage since the wound inflicted on B was not mortal or serious; hence, all acts of execution was not performed. |
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A with intent to kill attacked B from behind. he stabbed B who was then seated on a chair. the point of the knife landed at the back of the chair. b was not wounded. What crime did A commit? |
A committed attempted Murder being there is an element of not only an intent to kill but also treachery, a qualifying aggravating circumstance. it is only in the attempted stage since A failed to inflict mortal or serious wound that would have otherwise completed all acts of execution. The back of the chair was the cause or accident that prevented A from performing all the acts of execution. |
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Homicide v Murder |
Plain and simple killing is homicide. If the killing is attended by any qualifying aggravating circumstance under Art. 248 of the RPC (treachery, in consideration of price, means involving great waste and ruin, during public calamities, with evident premeditation, with cruelty), the killing is catapulted to ahigher category of crime which is Murder. |
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Attempted Rape |
There is attempted rape if the accused started by direct overt acts to have sexual intercourse with the offended party under any of the circumstances in Art 335 of RPC (amended by RA8353), but was prevented by some cause or accident other than his own voluntary desistance. |
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What constitutes attempted rape? |
1. "mere shelling of the castle of orgasmic potency or mere strafing of the citadel of passion is attempted rape. 2. Full penetration is not required to consummate carnal knowledge. (People v Dalisay) 3. Mere contact by the male's sex organ of the labia consummates rape, But mere epidermal contact or peripheral contact with the female's sex organ is only attempted rape. 4. There is no crime of frustrated rape. |
