Criminal Law Reviewer Book IAtty. EstradaYou should know the
nature of the defense of your witness. Atty. EstradaIf you want to
learn, presume you know nothing.Dangerous Tendency ule ! All
elements of a crime should "e present. #ne element might "e
presented in the $uestion to mislead you to picking the wrong
answer.%attle rustling ! taking a large animal against the will of
the owner, or killing the same against the will of the
owner.%riminal law&'elony ! an act or omission committed either
negligently or intentionally punished under (%.%rime ! an act
)iolati)e of a penal law, "e it (%, special law or ordinance.#*ense
! an act penali+ed "y any law e,cept "y (%.'elonies under (%
oftentimes are "eing called crimes. E)en Art. - (aragraph .
mentions impossi"le crimes.The terms felony and crimes can "e used
interchangea"ly.Theories of %riminal /aw0. Classical Theory ! man
is rational "eing "y nature, he knows how to distinguish "etween
right and wrong, and knows the conse$uence of wrong is
retri"ution... Positivist Theory ! man "y nature is "asically good,
a )ictim of circumstances and of natural social phenomenon that
compels him to do wrong and commit a crime. (% is "ased on this
theory.1. Eclectic Theory ! a com"ination of classical and
positi)ist theory. -. Utilitarian Theory ! the main o"2ect of
punishment3penalty is to punish a criminal or would&"e
criminal. %riminal law should not "e construed literally if such
would result to opportunism.%haracteristics of %riminal /aw0.
4enerality.. Territoriality1. (rospecti)ity%hai is a (anamian
Am"assador to (. 5e met a lady and they dated. They were seen on
%%T6 going to the condominium of the diplomat. They were seen
kissing in the ele)ator. 5e was later seen going out in a 2o)ial
mood. The lady claimed later onhe was raped "y the (anamanian
diplomat. %an the diplomat "e charged criminally78o, he is not
criminally lia"le. %hai is a diplomat. 9nder A :;, diplomats en2oy
diplomatic immunity and thus are e,empt from criminal or ci)il
lia"ility, and thus %hai cannot "e charged criminally. egarding
generality, there are persons who are e,empt from criminal
lia"ility, as follows< 5eads of state, am"assador, minister or
resident , minister plenipotentiary, charge= de a*airesAre members
of the ocial retin!e of the ambassador en2oying diplomatic immunity
as en2oyed "y the am"assador7>em"ers of the household or mem"ers
of the o?cial retinue of a foreign am"assador may be e"em#t from
criminal lia"ility. They also en2oy diplomatic immunity$ #rovided
two conditions are #resent @% conditions sine &!a non'( 0. 5is
name is furnished to the D'AA and .. (ro)ided further, that the
country of said foreign am"assador pro)ides reciprocal immunity to
the mem"ers of the household or o?cial retinue of the (hilippine
am"assador.Re#!blic Act )* ! the law which pro)ides that mem"ers of
o?cial household or retinue of foreign am"assadors en2oy diplomatic
immunity pro)ided that two conditions are present @% conditions
sine &!a non'( 0. 5is name is furnished to the D'AA and ..
(ro)ided further, that the country of said foreign am"assador
pro)ides reciprocal immunity to the mem"ers of the household or
o?cial retinue of the (hilippine am"assador.Diplomats of a foreign
country en2oy diplomatic immunity. Diplomats of a foreign country
are e,empt from application of (%. They en2oys such immunity based
on the +ienna Convention.B and Y were in the moon. Chile in the
moon, B killed Y. Chat crime did B commit7B committed homicide.
@5omicide& plain and simple killing.D 8o other $ualifying and
aggra)ating circumstance "eing mentioned, it is homicide. The
moment killing is accompanied "y any $ualifying aggra)ating
circumstances under Art. .EE, killing "ecomes murder.Is B
criminally lia"le7 B is not lia"le. The killing "y B of Y happened
on the moon. The moon is outside ( territory. %riminal law is
territorial in character.A crime can be #!nished only if act is
within the territorial limits of a co!ntry.Fohnny and Gusan,
'ilipino %iti+ens are hus"and and wife. Fohnny went to work in
Fapan where he met Hatrina. >arco had introduced him to
Hatrina.Fohnny fell in lo)e with her and proposed. They got married
in Fapan. Chat crime, if any, did Fohnny do7Fohnny committed
"igamy. 5e contracted a second marriage while his marriage
su"sists. 9nder the law, "igamy is committed when a second marriage
was had while a pre)ious marriage was still )alid and e,isting.Is
Fohnny criminally lia"le7 8o, Fohnny is not criminally lia"le. The
marriage was conducted in Fapan, which is outside of ( territory.
%riminal law is territorial in character.,ow to #resent yo!r
answers e-ectively and concisely(0. Answer the $uestion in a
declarati)e sentence. E,. Fohnny committed "igamy. .. /ay the
(redicate.E,. 5e contracted a second marriage while his marriage
su"sists.1. 4i)e the legal "asis.E,. 9nder the law, "igamy is
committed when a second marriage was had while a pre)ious marriage
was still )alid and e,isting.4eneral ulearch 1, 0NN1 in %riminal
%ase 8o. 0MMNL of the Gandigan"ayan @'irst Di)isionD is A''I>ED
and its esolution dated >arch 00, 0NN1in %riminal %ase 8o. 0MMNL
is >#DI'IED in the sense that the #?ce of the Gpecial (rosecutor
of the #?ce of the #m"udsman is directed to consolidate the 1.
Amended Informations @%riminal %ases 8os. 0L1:0 to 0L-E.D into one
information charging only one o*ense under the original case
num"er, i.e., 8o. 0MMNL. The temporary restraining order issued "y
this %ourt on >arch .;, 0NN1 is /I'TED insofaras to the
dis$ualiJcation of (residing Fustice 'rancis 4architorena is
concerned.Geparate /arceny Doctrine ! not applica"le
now.Indeterminate 5entence Law3is&!ali7ed to avail of the
I5L(Gentenced to 0. capital punishment.. /ife imprisonmentThose
guilty of