Prelim Reviewer for Criminal Law

Definition:
Criminal Law – branch/division of law which defines crimes, treats of their nature, and provides
for their punishment.
Crime – act committed or omitted in violation of a public law forbidding or commanding it.
Sources:
♥ Revised Penal Code (Act No. 3815) and amendments
♥ Special Penal laws from Phil Commission, Phil Assembly, Phil Legislature, Nat’l Assembly,
Congress of the Phil, Batasang Pambansa
♥ Penal Presidential Decrees issues during martial Law
Characteristics of Criminal Law
1. GENERAL – law is binding on all persons who live or sojourn in the Phil territory
Exceptions:
i. as provided in treaties and law of preferential application and (ART 2 RPC)
ii.Subject to principles of public international law and to treaty stipulations (Art 14 CC)
2. TERRITORIAL – undertake to punish crimes committed within the Phil territory
Exceptions: (Art. 2 RPC)
i. In Phil Ship or Airship
ii.Forging/counterfeiting Phil coin/currency
iii.Acts connected with the intro of the issue in the preceding no.
iv.Public officers/employees’ offenses in the exercise of their fxns
v.Crimes against Nat’l security and law of nations
3. PROSPECTIVE – cannot make an act punishable in a manner in which it was not punishable when
committed.
Exceptions:
i. More lenient or favorable acts
1. But NOT when the new law is expressly made inapplicable to pending
actions or existing causes of actions
2. And NOT to habitual criminals

The Revised Penal Code

Art 1 – effective January 1, 1932

Art 2 - Application of its provisions. — Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters (3-mile limit) and
maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise
of their functions; or
5. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code
 • Rules as to jurisdiction over crimes committed aboard foreign merchant vessels
♥ French Rule (Restrictive) – such crimes are not triable in that country, unless their
commission affects the peace and security of that territory or the safety of the
state is endangered.
♥ English Rule (Permissive) – Such crimes are triable in that country, unless they
merely affect things within the vessel or they refer to the internal management
thereof.
• Extra-territorial application of RA 9372
♥ Although physically outside Phil but commit, conspire or plot any of the crimes in
the Phil
♥ Although physically outside but commit crimes on board of a Phil ship or Airship
♥ Persons who commit crimes inside the embassy, consulate or diplomatic premises
of the Phil in an official capacity
♥ Physically outside but commit crimes against Phil citizens or persons of Phil
descent, where citizenship or ethnicity was a factor in the commission of the crime
♥ Although physically outside but commit crimes directly against the Phil
government.
FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Chapter One
F E L O N I E S – acts and omissions punishable by the revised penal code

Art 3 - Definitions. — Acts and omissions punishable by law (RPC) are felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by means of fault
(culpa).
There is deceit when the act is performed with deliberate intent and there is fault
when the wrongful act results from imprudence, negligence, lack of foresight, or lack
of skill
Elements:
1. That there must be an act or omission
2. That the act or omission must be punishable by the RPC
3. That the act performed or omission incurred by means of dolo or culpa

Act - any bodily movement tending to produce some effect in the external world
– Only external acts are punished
Omission – inaction; failure to perform a positive duty which one is bound to do.

♥ “Nullum crimen, nulla poena sine lege” – there is no crime where there is no law punishing it.
Classification of Felonies according by which they are committed
➢ Intentional Felonies – malicious; with deliberate intent
 Dolos = malice
○ Requisites of dolo
1. FREEDOM – without this, he is no longer a human being but a tool
2. INTELLIGENCE – necessary to determine morality of human acts
3. INTENT – to commit the act with malice
➢ Culpable Felonies – not malicious; unintentional; imprudence, negligence, lack of foresight / skill
○ Crim intent is replaced by negligence & imprudence in culpa felonies
○ Requisites
1. FREEDOM – without this, he is no longer a human being but a tool
2. INTELLIGENCE – necessary to determine morality of human acts
 3. IMPRUDENCE, NEGLIGENCE, LACK OF FORESIGHT OR SKILL

Mistake of fact (ignorantia facti excusat) – relieves accused of criminal liability.

Requisites:
1. Act done would have been lawful had the facts been accused believed them to be
2. Intention should be lawful
3. Mistake should be without fault or carelessness
Actus me invito factus non est meus actus – an act done by me against my will is not my act

➢ Crimes punished by special laws (municipal/city ordinances)

○ Dolo is not required
○ Ex. Is carrying of firearms in an electoral precinct
○
 Mala in se/Mala Prohibita
• Mala in se – wrongful in nature; inherently immoral (i.e. rape, theft, murder)
 There must be criminal intent
• Mala Prohibita – wrong merely because prohibited by statute; punished by special law
(i.e. illegal possession of firearms)
 it is sufficient if the prohibited act was intentionally done
 Good faith and absence of criminal intent are not valid defenses in crimes
punished by special laws
 Motive and Intent
• Motive – moving power which impels one to action for a definite result
 Relevant if identity of accused is in dispute
 Existence however is not sufficient proof of guilt
• Intent – purpose to use a particular means to effect such result

Art. 4 - Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be
different from that which he intended.
2. By any person performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or an
account of the employment of inadequate or ineffectual means.
El que es causa de la causa es causa de mal causado – he who is the cause of the cause is the
cause of the evil caused

➢ The felony committed must be the proximate cause of the resulting injury
• Proximate cause – that cause, which, in natural and continuous sequence, unbroken by any
efficient intervening cause produces the injury, and without which the result would not have
occurred
➢ Impossible Crimes – commission is indicative of a criminal propensity/tendency.
Inadequate/ineffectual means.
○ Requisites:
1. Act is an offense against persons/property
2. With evil intent
3. Accomplishment is inherently impossible or means employed is either
inadequate/ineffectual
4. Act should not constitute a violation of another provision of the RPC
Art. 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 penalties. — 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 reasons which induce the court to believe that said act should be made the
subject of legislation.

In the same way, the court shall submit to the Chief Executive, through 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.

➢ Executive clemency recommend for the wife who killed her cruel husband

Art. 5. Consummated, frustrated, and attempted felonies. — 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 or
over acts, and does not perform all the acts of execution which should produce the felony
by reason of some cause or accident other than this own spontaneous desistance

➢ Attempted Felony
○ Elements:
1. Offender commences the felony by overt acts
2. Does not perform all the acts
3. Not stopped by his own spontaneous desistance
4. Cause of non performance are accident not in his will

 Spontaneous desistance can exempt from criminal liability for the intended crime but it does not
exempt him from the crime committed by him before his desistance

➢ Frustrated Felony – the wound or damage cause must be mortal

○ Elements
1. Offender performs all acts of execution
2. All the acts would produce the felony as consequence
3. But felony is not produced
4. By reason or cause independent of his will

➢ Consummated Felony – all elements and accomplishment is present

Nature of Crimes and stages

1) Arson – Attempted if gas was poured but was not lighted; frustrated if there was fire but did not
reach any part of the house; consummated when any part of the house was burned.
2) Theft – Consummated already when offender is able to get hold or take the thing belonging to
another
3) Estafa – Elements: abuse of confidence and damage to another party

Manner of Committing the crime

 1) Formal crimes – no attempted stage – consummated in one instance
a. Slander, false testimony, selling of marijuana
2) Crimes consummated by mere attempt or proposal or by overt act
a. Treason, corruption of minors, flight to enemy’s country
3) Felony by omission (also no attempted)
a. Killing a child through starvation
4) Crimes requiring the intervention of 2 persons to commit them are consummated by mere
agreement
a. Betting in sport contests, corruption of a public officer
5) Material Crimes – 3 stages
a. Homicide, rape (although updated that there is no such thing as frustrated rape as there
is no need for penetration. It has been consummated when penis has touched the labia
majora

Art. 7 - When light felonies are punishable. — Light felonies are punishable only when they have
been consummated, with the exception of those committed against person or property.

 Slight physical injuries

 Theft
 Altercation of boundary marks
 Malicious mischief
 Intriguing against honor

Art. 8 -Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony
are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons

• conspiracy – at least 2 agreed

• proposal – at least 1; the other does not necessarily agree

General Rule: Conspiracy and proposal to commit felony are not punishable except supra
– these are only preparatory acts

Conspiracy punished by law:

1. to commit treason (also proposal)

2. to commit coup d’état, rebellion or insurrection (also proposal)
3. to commit sedition
4. in monopolies and combinations in restraint of trade

Requisites of Conspiracy
a) 2 or more persons came to an agreement
b) Agreement concerned the commission of felony
c) Execution of felony has been decided upon

Requisites of Conspiracy
a) A person has decided to commit a felony
b) He proposes its execution to some other person/s
Art. 9 - Grave felonies, less grave felonies and light felonies.
— Grave felonies are those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive, in accordance with Art. 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum
period are correctional, in accordance with the above-mentioned Art.
Light felonies are those infractions of law for the commission of which a penalty of arresto
menor or a fine not exceeding 200 pesos or both; is provided
 Afflictive Penalties
○Reclusion perpetua
○Reclusion temporal
○Perpetual/temporary absolute disqualification
○ Perpetual/temporary special disqualification
○ Prison mayor
 Correctional penalties
○ Prison correccional
○ Arresto mayor
○ Suspension
○ Destierro

Art. 10 - Offenses not subject to the provisions of this Code. — Offenses which are or in the future
may be punishable under special laws are not subject to the provisions of this Code. This
Code shall be supplementary to such laws, unless the latter should specially provide the
contrary
– Special laws will be in effect and this code will just be supplementary (unless the special laws
should specially provide the contrary)

Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY

Imputability – quality by which an act may be ascribed to a person as its author/owner.

-Implies that act is done freely and consciously
Responsibility – obligation of suffering the consequences of crime

 Imputability implies that a deed may be imputed to a person, responsibility implies that the
person must take the consequence of such deed
Guilt – an element of responsibility, a man cannot be made to answer for the consequences of a crime
unless he is guilty

Justifying circumstances – act is in accordance with the law, so that such person is deemed not to have
transgressed the law and is free from both criminal and civil liability
– No civil liability except in par 4 of Art 11

Art. 11 - Justifying circumstances. — The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;

First. Unlawful aggression.

Second. Reasonable necessity of the means employed to prevent or repel it.
 Third. Lack of sufficient provocation on the part of the person defending
himself.
2. Anyone who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity within the fourth civil degree,
provided that the first and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the revocation was given
by the person attacked, that the one making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the
first and second requisites mentioned in the first circumstance of this Art. are present
and that the person defending be not induced by revenge, resentment, or other evil
motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes
damage to another, provided that the following requisites are present;

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right
or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose

Rights included in self-defense:

• Right to life
• “ to property
• “ to honor
Unlawful aggression – equivalent to assault or at least threatened assault of an immediate / imminent
kind
– There must be actual physical force/actual use of weapon
– Includes a slap in the face
 Retaliation is not self-defense
○ Aggression has already ceased to exist
 NO unlawful aggression when there is agreement to fight
○ Concerted fight
○ Challenge to a fight must be accepted

Art. 12 - Circumstances which exempt from criminal liability. — the following are exempt from
criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as
a felony (delito), the court shall order his confinement in one of the hospitals or
asylums established for persons thus afflicted, which he shall not be permitted to
leave without first obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with
discernment, in which case, such minor shall be proceeded against in accordance with
the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably
with the provisions of this and the preceding paragraph, shall commit him to the care
 and custody of his family who shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some institution or person mentioned
in said Art. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury.
7. Any person who fails to perform an act required by law, when prevented by some
lawful insuperable cause.

 In exempting circumstances, there is a crime committed but no criminal liability

Insanity
• Presumption is always in favor of sanity
• If insane at the time of trial – will be suspended until mental capacity is restored to afford fair
trial
➢ Juvenile Justice and Welfare Act of 2006

Periods of criminal responsibility

1) Age of absolute irresponsibility – 9 yrs and below
2) “ conditional responsibility – bet 9-15
3) “ full responsibility – 18 yrs or over
4) “ mitigated responsibility – 9-15 with discernment; 15-18; over 70 years of age

Discernment – mental capacity to understand the difference bet right and wrong
-not only during the commission of the act but also after and even during trial

Determination of age:
• Birth Certificate
• Baptismal “
• Any other pertinent documents
• If none = info from the child, testimonies of other persons, physical appearance and other
relevant evidence
• In case of doubt = will be resolved in his/her favor

Accident
Elements:
✔ Lawful act
✔ Due care
✔ Injury caused by mere accident
✔ Without fault or intention
– An accident is something that happens outside the sway of our will and although it comes
about through some act or will, lies beyond the bounds of humanly foreseeable
consequences
– If the consequences are plainly foreseeable, it will be a case of negligence

Irresisible force
Elements:
✔ Compulsion is by means of physical force
✔ Said force must be irresistible
✔ Said force must come from a 3rd person
Uncontrollable Fear
Elements:
✔ Threat which causes the fear is of an evil greater than or at least equal to, that which he
is req’d
✔ Promises an evil of such gravity and imminence that the ordinary man would have
succumbed to it.

Failed to perform prevented by some lawful/insuperable cause

Elements:
✔ Act is reqd by law to be done
✔ Person fails to perform such act
✔ Failure to performwas due to some lawful/insuperable cause
Ex. Priest who did not disclose the confession of rebellion

Absolutory causes
– Act committed is a crime but for reasons of public policy and sentiment there is no penalty
imposed
Other Absolutory causes
1) Art 6 – spontaneous desistance
2) Art 20 – accessories who are reslatives
3) Art 214 – compulsory confinement of a violent/insane pat in a hosp
4) Art 247 – death or physical injuries inflicted under exceptional circumstances
Criminal conversation – illegal intercourse
Death – destierro
Physical injuries – exempt
1) Art 280 – trespass to dwelling
2) Art 332 – crime committed or mutually caused
3) Art 344

Instigation – inducement to do such act

– An absolutory cause
Entrapment – crime is already present
– not absolutory cause