Audio Codal: Criminal Law Philippines (Article 1-15) #criminallaw #audio #lawschoolphilippines

Summary

The video script outlines the Revised Penal Code of the Philippines, focusing on the code's enforcement, definitions of felonies, and the conditions affecting criminal liability. It details the types of felonies, including grave, less grave, and light felonies, and discusses justifying and exempting circumstances, as well as mitigating and aggravating factors that influence criminal liability.

Takeaways

• 📅 The Revised Penal Code of the Philippines, Act No. 3815, took effect on January 1, 1932, and applies to both domestic and international offenses committed by certain individuals.
• 📜 The Code is enforced within the Philippine archipelago and against those who commit offenses aboard Philippine vessels or against the nation's currency and government-issued securities.
• 🔍 Felonies, or 'delitoList', are categorized by the method of commission: deceit ('dolo') or fault ('culpa'), and are punishable by law regardless of the perpetrator's intent.
• 👤 Criminal liability is incurred by individuals who commit felonies or perform acts that would be offenses under different circumstances, including attempts and conspiracies.
• ⚖️ Courts have the duty to address acts not covered by law and to report such cases to the chief executive for potential legislative action, especially when penalties are excessively harsh.
• 🚫 Light felonies are only punishable when consummated, with exceptions for those against persons or property, and conspiracy or proposal to commit a felony is only punishable when specifically provided by law.
• 🏢 Offenses not covered by the Code include those punishable under special laws, with the Code serving as a supplement unless stated otherwise.
• 🛡 Justifying circumstances such as self-defense and defense of others are detailed, with specific conditions that must be met to be exempt from criminal liability.
• 🚼 Certain individuals are exempt from criminal liability, including embryos, insane persons, and minors under specific conditions, with provisions for their care and custody.
• 🔄 Mitigating circumstances reduce criminal liability, including factors like age, provocation, and voluntary surrender, while aggravating circumstances, such as abuse of public position or committing a crime with treachery, increase liability.
• 🔄 Alternative circumstances, such as relationship to the victim and intoxication, can either mitigate or aggravate criminal liability depending on the context of the crime.

Q & A

When did the revised penal code act number 3815 take effect?

The revised penal code act number 3815 took effect on the first day of January 1932.

In which areas is the revised penal code enforced?

The revised penal code is enforced within the Philippine archipelago, including its atmosphere, interior waters, and maritime zone, and also outside its jurisdiction against certain individuals as specified in the code.

What are the conditions under which the code is enforced outside the Philippine jurisdiction?

The code is enforced outside the Philippine jurisdiction against individuals who commit offenses on a Philippine ship or airship, forge or counterfeit currency, are liable for acts connected with the introduction of obligations and securities, commit offenses in the exercise of their functions as public officers, or commit crimes against national security and the law of nations.

What are the definitions of felonies according to the revised penal code?

Felonies, or delicts, are acts and omissions punishable by law and are committed not only by means of deceit but also by means of fault, which includes imprudence, negligence, lack of foresight, or lack of skill.

What are the conditions for criminal liability under the code?

Criminal liability is incurred by any person committing a felony, even if the wrongful act is different from what was intended, and by any person performing an act that would be an offense against persons or property were it not for the inherent impossibility of its accomplishment.

What does the court do when it encounters acts that should be repressed but are not covered by the law?

The court renders the proper decision and reports to the chief executive through the department of justice the reasons for believing that the act should be the subject of penal legislation.

What are the conditions for consummated, frustrated, and attempted felonies?

A felony is consummated when all necessary elements for its execution and accomplishment are present. It is frustrated when the offender performs all acts that would produce the felony but does not due to reasons independent of the perpetrator's will. An attempt occurs when the offender commences the commission of a felony by overt acts but does not perform all acts due to causes other than their own decision.

Under what circumstances are light felonies punishable?

Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.

What are the conditions for conspiracy and proposal to commit felony?

Conspiracy and proposal to commit felony are punishable only in cases where the law provides a specific penalty. Conspiracy exists when two or more persons agree to commit a felony, and proposal occurs when a person who has decided to commit a felony proposes its execution to others.

What are the different types of felonies according to their severity?

Grave felonies are those with capital punishment or afflictive penalties. Less grave felonies are punished with correctional penalties at their maximum. Light felonies are those with penalties of arresto menor or a fine not exceeding 200 pesos, or both.

What are justifying circumstances and how do they affect criminal liability?

Justifying circumstances are situations that do not incur criminal liability, such as acting in defense of oneself or others, acting to avoid an evil or injury, fulfilling a duty or exercising a right, or acting in obedience to a superior's lawful order.

What are circumstances that exempt from criminal liability?

Circumstances that exempt from criminal liability include being an embassy or an insane person during a lucid interval, being under nine years of age, or being over nine and under 15 years of age without discernment.

What are mitigating circumstances and how do they influence criminal liability?

Mitigating circumstances are factors that reduce criminal liability, such as the offender being under 18 or over 70 years old, having no intention to commit a grave wrong, or acting under sufficient provocation or threat.

What are aggravating circumstances and their effects on criminal liability?

Aggravating circumstances are factors that increase criminal liability, such as taking advantage of public position, committing a crime in contempt of public authorities, or committing a crime with evident premeditation.

What are alternative circumstances and how are they considered in criminal liability?

Alternative circumstances are factors that can be considered as either aggravating or mitigating depending on the nature and effects of the crime and other conditions, such as the relationship between the offender and the offended party, intoxication, and the offender's level of education.