PNP-SOSIA Private Detective study materials
PNP-SOSIA Private Detective study resources

PNP-SOSIA Private Detective: Criminal Law

PNP-SOSIA Private Detective · Work through your exam, one topic at a time.

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Criminal Law

Core framework

Criminal law in the Philippines is governed mainly by the Revised Penal Code and special penal statutes. For the Revised Penal Code, master the elements of the offense, the stages of execution, the persons criminally liable, and the circumstances that affect liability or penalty. Distinguish dolo from culpa, and intent from motive. Motive is generally not an element, but it can matter in identifying the perpetrator. Conspiracy requires agreement and a community of criminal purpose; it is not mere knowledge or presence. Special laws such as the Dangerous Drugs Act, VAWC, Anti-Cybercrime Act, and anti-trafficking laws are generally malum prohibitum, so the prosecution need not prove criminal intent, but it must prove the prohibited act and any required mental state.

Traps

Questions often test aberratio ictus, error in personae, and praeter intentionem. In aberratio ictus, the intended victim is not hit but a third person is; the penalty is based on the intended victim. In error in personae, the offender mistakes identity; penalty generally follows the victim actually intended. Praeter intentionem means a consequence beyond intent; it may be a mitigating circumstance. Do not confuse impossible crime with frustrated felony. Do not assume every special law requires intent. Do not overlook prescription, jurisdiction, and the distinction between principal, accomplice, and accessory.

Worked example

Theft and robbery both require unlawful taking with intent to gain. Theft is without violence against or intimidation of persons or force upon things; robbery requires one of those. If a snatcher pulls a necklace with force that overcomes resistance, classify carefully: force on the person may make it robbery, not simple theft. Rule of thumb: identify the prohibited act, the mode, and the resulting harm before naming the offense.