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The Midwife and Crimes

The document discusses various topics related to criminal law and crimes including definitions of crime and criminal law, the different types of crimes according to the law punishing them, the essential elements of felonies, classifications of felonies according to stages of execution and gravity, legal maxims, persons criminally liable, conspiracy to commit crimes, and circumstances affecting criminal liability.

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Yvannah Basanes
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530 views4 pages

The Midwife and Crimes

The document discusses various topics related to criminal law and crimes including definitions of crime and criminal law, the different types of crimes according to the law punishing them, the essential elements of felonies, classifications of felonies according to stages of execution and gravity, legal maxims, persons criminally liable, conspiracy to commit crimes, and circumstances affecting criminal liability.

Uploaded by

Yvannah Basanes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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The Midwife and Crimes

In this Chapter:
● Crime
● Criminal Law
● Legal Maxims
● Persons Criminally Liable
● Conspiracy to Commit
● Circumstances Affecting Criminal Liability
● Classes of Injury caused by an Offence or Crime
● Penalty
● Crimes against Persons
● Crimes against Liberty and Security
● Crimes against Property
● Crimes against Chastity
● Crimes against Civil Status of Persons
● Crimes against Honor
● Quasi Offences
● Post-Test 13
● References
CRIME
Crime is an act or omission punishable by law.

CRIMINAL LAW
Criminal Law is that a branch of law which defines crimes, treat of their nature and provides for their
punishment.

TWO KINDS OF CRIME ACCORDING TO THE LAW PUNISHING THEM


1. Felony- when the law punishing the act or omission is the Revised Penal Code of the
Philippines. This includes crimes such as abortion, homicide, murder, theft, simulation of birth.
2. Offence- when the act or omission is punishable by special penal statutes or any other law but
not the Revised Penal Code, these are crimes committed in violation if residential decrees,
republic acts and executive orders but which are not laws that amend any provision of the
Revised Penal Code
EXAMPLE:
● Infanticide, which is the killing of a child less than three days of age, is a crime punished by Article
255 of the Revised Penal Code of the Philippines. This crime is, therefore, a Felony
● Practicing Midwifery in the Philippines without a Certificate of Registration/Professional License
and a Professional Identification card is a crime punished by RA 7392, which is a special penal law.
This crime is, therefore an, Offence.

SOURCES OF CRIMINAL LAW


▪ The Revised Penal Code of the Philippines
▪ Special Penal Laws enacted by the Philippine Legislature

ESSENTIAL ELEMENTS OF FELONY


1. There must be an act or omission- any bodily movement that tends to produce some effect in
the external world
2. That the act or omission must be punishable by the Revised Penal Code- there is no crime when
there is no law punishing the act.
3. That the act is performed or the omission is incurred by means of DOLO or malice, culpa-
inaction or failure to perform an act required by the law to be done. (DOLO/malice is criminal
intent or the intent to do an evil to another, intentional felony)
▪Freedom- means that the crime was committed freely by the person and that he did not act under
any compulsion.
▪Intelligence- the person must know what he is doing or what he is omitting to do. The person must
have a comprehension of the morality of what he is doing and knowing it is evil, decides to do it
anyway.
▪Intent- the person must have a criminal intent to do an evil or cause injury to another. The one who
acts without freedom necessarily has no intent to do an injury to another. One who acts without
intelligence has no such intent. But a person who acts with freedom and intelligence may not have
the intent to do an injury to another.

CLASSIFICATION OF FELONIES ACCORDING TO THE STAGES OF


EXECUTION
There are three stages of acts of executions. They are the attempted stage, the frustrated stage, and
the consummated stage.

1. Attempted Stage- a felony is attempted when the offender commences the commission of the
felony directly by overt acts, and does not perform all the acts or execution which should
produce the felony by reason of some cause or accident. If a person does not perform all the
acts of execution because of his own spontaneous desistance, there is no attempted felony.
2. Frustrated Stage- a felony is frustrated when the offender performs all the act of execution
which would produce the felony as a consequences but which, nevertheless, do not produce it
by reason of causes independent of the will of the perpetrator.
3. Consummated Stage- a felony is consummated when all the elements necessary for its
execution and accomplishments are present

CLASSIFICATION OF FELONIES ACCORDING TO THEIR GRAVITY


The gravity of the felonies is determined by the penalties attached to them by law and according to
their gravity, felonies are classified into three, namely, the Grave Felonies. The Less Grave Felonies,
and the Light Felonies.

1. Grave Felonies are those which the law punishes with capital punishment or with any of the
afflictive penalties.
a. Capital punishment is Death penalty
b. Afflictive penalties (includes; Reclusion Perpetua, Reclusion Temporal, Prision Mayor)
2. Less Grave Felonies are those which the law punishes with any of the correctional penalties.
a. Correctional Penalties(includes; Prision Correctional, Destierro, Arresto Mayor)
3. Light Felonies are those which are punished by the law with arresto menor or with a fine not
exceeding Two hundred pesos, or both such imprisonment and fine.
a. Arresto Menor

LEGAL MAXIMS
“Actus non facit reum nisi mens sit rea” meaning the act itself does not make a man guilty unless his
intentions were so.
“Actus me invite factus non est meus actus” meaning an act done by me against my will is not my
act.
PERSONS CRIMINALLY LIABLE
1. Principals are person who took part in the crime by:
▪ Direct participation or taking a direct part in the execution of the felony.
▪ Induction or directly forcing or inducing others to commit a crime.
▪ Indispensable cooperation or by cooperating in a commission of the felony by another act without
which the crime would not have been accomplished.
2. Accomplices are persons who are not principals but cooperate in the execution of the felony by
previous or simultaneous acts
3. Accessory are persons who having knowledge of the commission of the crime and without
having participated.

CONSPIRACY TO COMMIT A CRIME


Conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to do it

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY.


1. Justifying circumstances are those where the act of a person is said to be in accordance with
law, so that such person is deemed not to have transgressed the law and is free from both
criminal and civil liability
a. Anyone who acts in defence of his person or rights, provided that the following circumstances
concur
b. Anyone who acts in defence of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters or of his relatives by affinity in the same
degrees, and those of consanguinity within the fourth civil degree.
c. Anyone who acts in defence of the rights of persons or strangers.
2. Exempting Circumstances are those grounds for exemption from punishment because of the
complete absence of intelligence or freedom of action on the part of the accused. A person who
acts without intelligence, freedom of action or intent does not act with malice.

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