CRIMINAL LAW voluntarine whether he is same

ss principal whether
I. REVISED PENAL CODE (RPC) BOOK As to degree Degree of The act offender or they acted
1 of accomplishm gives rise to merely an as mere
A. Fundamental and General Principles accomplishm ent is taken a crime only accomplice or accomplice
of Criminal Law ent of crime into account when accessory or
for consummat accessories.
1. Definition of Criminal Law
punishment ed As to what Generally, the Generally
CRIMINAL LAW As to They are They are laws are RPC the Special
That branch of public substantive law which mitigating taken into not taken violated Laws
defines crimes, treats of their nature, and and account in into As to division Penalties There is no
provide for their punishment. (Reyes) aggravating imposing account of penalties maybe such
(a) Mala in Se and Mala Prohibita circumstances penalty divided into division of
As to degree When there is Degree of degrees and penalties
MALA IN SE (“Evil in itself”)- A crime or an act
of more than participatio period
that is inherently immoral, such as murder, participation one offender, n is
arson or rape. (Black’s law dictionary) the degree of generally
participation not taken (a) Dolo is not required in Mala Prohibita
MALA PROHIBITA (“Prohibited Evil”) – An act (b) In those crimes which are mala prohibita,
of each in the into
that is a crime merely because it is prohibited the act alone irrespective of its motives,
commission is account. All
by statute, although the act itself is not constitutes the offense
taken into who
necessarily immoral. (Black’s Law Dictionary) account participated (c) Good faith and absence of criminal intent
Mala In Se Mala in the act are not valid defenses in crimes mala
Prohibita are prohibita
As to Wrong from Wrong punished to (d) When the acts are inherently immoral, they
nature its very because it is the same are mala in se, even if punished under
nature prohibited extent. special law, like plunder which requires
As to use of GF a valid GF is a not a As to stages Stages: No such
proof of criminal intent. (Estrada vs.
good faith as defense, defense of execution Attempted, stages of
Sandiganbayan, 2001)
defense unless the Frustrated execution
(e) Where malice is a factor, good faith is a
crime is the and
Consummate defense.
result of culpa (f) A crime in the RPC can absorb a crime
As to WON Criminal Criminal d
As to persons The principal Generally punishable by a special law of it is a
criminal intent is an intent is
criminally accomplice & only the necessary ingredient of the felony defined
intent is an element immaterial
element BUR still liable accessory. principal is in the Code but a special law can never
requires Penalty is liable. absorb a crime punishable under the RPC,
intelligence computed on Penalty of because violations of the Revised Penal
and the basis of offenders is
 Code are more serious than a violation of a or the judiciary (e.g. Art, 14, NCC “xxx Subject to the principles of
special law. (People vs. Rodriguez, 1960) Rules of Court) public international law and to treaty stipulations.
(g) The crime of cattle-rustling is not malum WHAT IS THE STATE AUTHORITY TO PUNISH
prohibitum but a modification of the crime CRIME? (1) Treaty Stipulations
of theft of a large cattle under the RPC. Ex:
Art. II, Sec. 5 (1987 Constitution) Declaration of
(There are special laws which only modify (a) Bases Agreement entered into by the
Principles and State Policies. The maintenance of
crimes under the RPC therefore still mala in Philippines and the US on March 14, 1947 and
peace and order, the protection of life, libery, and
se). [People vs. martinada] expired on 9-16-91.
property, and promotion of the general welfare
(b) Visiting Forces Agreement (VFA) is an
Criminal Law Criminal Procedure are essential for the enjoyment by all the people of
agreement between the Philippine and US
It is substantive It is Remedial the blessings of democracy.
Government regarding the treatment of US
Prospective in Retroactive in
WHAT ARE THE SOURCES OF CRIMINAL LAW? Armed Forces visiting the Philippines. It was
Application. application
signed on 2-10-98.’
(1) The Revised Penal Code (Act. No. 3815).
Exception: If it is Created pursuant to Admnistrative Order
favorable to the Art. V, VFA, which defines criminal jurisdiction
No. 94; enacted January 1, 1932; based on over US military and civilian personnel
accused.
the Spanish Penal Code, US Penal Code, temporarily in the Philippines in connection with
and Phil. Supreme Court Decisions. activities approved by the Philippine
Exception to the
exception: (2) Special Penal Laws and Penal Presidential Government.
(1) When the Decrees issued during Martial Law.
accused is a What is Penal Legislation and its purpose? The US and the Philippines agreed that:
habitual (a) US shall have the right to exercise within the
delinquent Philippines all criminal and disciplinary
(Art. 22) jurisdiction conferred on them by the military law
(2) Where the 2. Applicability and Effectivity of the
of the US over US personnel in RP;
new law Penal Code
(b) US authorities exercise exclusive jurisdiction
expressly
made over US personnel with respect to offense,
(a) Generality including offenses relating to the security of the
inapplicable to Generality Rule: The penal law of the country is
pending US punishable under the law of the US, but not
binding on all persons who live or sojourn in under the laws of RP;
actions or
Philippine territorty, subject to the principles of (c) US military authorities shall have the primary
existing causes
of actions. public international law and to treaty stipulations. right to exercise jurisdiction over the US
[Tavera vs. (Art. 14, NCC) personnel subject to the military law of the US in
Valdez} Exns: relation to:
Statutory: It is passed May be promulgated Art. 2, RPC. “Except as provided in the treaties or (i) Offenses solely against the property or
by the Legislature by the Legislature (e.g. laws of preferential application xxx” security of the US or offenses solely against the
jurisdiction of courts) property or person of US personnel; and
 (ii) Offenses arising out of any act or omission
done in performance of official duty.
Rule on Jurisdiction under the VFA:
(a) If the crime is punishable under Philippine laws
but not under US laws then Philippine has
exclusive jurisdiction.
(b) If the crime is punishable under US laws but
not under Philippine laws then US has exclusive
jurisdiction.
(c) If the crime is punishable under the US and
Philippine laws then there is concurrent
jurisdiction but the Philippine has the right to
primary jurisdiction.
(d) If the crime is committed by a US personnel
against the security and property of the US alone
then US has exclusive jurisdiction.
(2) Laws of preferential Applications
Examples:
(a) Members of Congress are not liable for libel or
slander for any speech in Congress or in any
committee thereof. (Sec 11, Art VI, 1987 Consti)
(b) Any ambassador or public minister of any
foreign State, authorized and received as such by
the President, or any domestic servant of any
such ambassador or minister are exempt from
arrest and imprisonment and whose properties
are exempt from distraint, seizure and
attachment. (R.A. No. 75)
R.A. No. 75 penalizes acts which would not impair
the proper observance by the Republic and
inhabitants of the Philippines of the immunities,
rights, and privileges of duly accredited foreign
diplomatic representatives in the Philippines.
Warship Rule- A warship of another country, even
though docked in the Philippines, is considered an
extension of the territory of its respective
country. This also applies to embassies.
(3) Principles of Public International Law
The following persons are exempt from provisions
of the RPC:
(1) Sovereigns and other heads of state;
(2)Ambassadors, ministers, plenipotentiary,
minister resident and charges d’affaires. (Art. 31,
Vienna Convention on Diplomatic Relations)
Note: Consuls and consular officers are NOT
exempt from local prosecution. [Art. 41, Vienna
Convention on Consular Relations]
(a) Public vessels of a friendly foreign power
are not subject to local jurisdiction.
(b) Generality has NO reference to
territoriality.
(b) Territoriality
Art. 2, RPC embraces two scopes of applications:
(1) Territorial – refers to the application of the
RPC within the Philippine territory (land, air and
water.)
(2) Extraterritorial- refers to the application of
the Revised Penal Code outside the Philippines
territory.
General rule: Penal laws of the country have force
and effect only within its territory.
(a) It cannot penalize crimes committed outside
its territory.
(b) The national territory comprises the Philippine
archipelago… [Art. I, 1987 Constitution]
(c) The territory of the country is not limited to
the land where its sovereignty resides but also
includes also its maritime and interior waters as
well as its atmosphere. [Art. 2, RPC]
Exceptions:
Extraterritorial Crimes, which are punishable
even if committed outside the Philippine territory
[Art. 2, RPC]
Par. 1: Crimes committed aboard Philippine ship
or airship:
The RPC is applied to Philippine vessels if the
crime is committed while the ship is treading:
(a) Philippine waters (intraterritorial), or
(b) The high seas i.e. waters NOT under the
jurisdiction of any State (extraterritorial)
Two rules as to jurisdiction over crimes
committed aboard merchant vessels while in the
territorial waters of another country (i.e. a foreign
vessel treading Philippine waters OR Philippine
vessels treading foreign water):
(1) French Rule: It is the flag or nationality of the
vessel which determines jurisdiction UNLESS the
crime violates the peace and order of the host
country,
(2) English Rule: the location or situs of the crime
determines jurisdiction UNLESS the crime merely
relates to internal management of the vessel.
  The Philippines adhere to the ENGLISH RULE.
 However, these rules are NOT applicable if
the vessel is on the high seas when the crime
was committed. In these cases, the laws of
the nationality of the ship will always apply.
 When the crime is committed in a war vessel
of foreign country, the nationality of the
vessel will always determine jurisdiction
because war vessels are part of the
sovereignty of the country to whose naval
force they belong.
Note: The country of registry determines the
nationality of the vessel, NOT ITS OWNERSHIP. A
Filipino-owned vessel registered in China must fly
the Chinese flag.
International Theories on Aerial Jurisdiction
(1) Free Zone Theory
The atmosphere over the country is free and not
subject to the jurisdiction of the subjacent state,
except for the protection of its national security
and public order.
(2) Relative Theory
The subjacent state exercises jurisdiction over the
atmosphere only to the extent that it can
effectively exercise control thereof.
(3) Absolute Theory
The subjacent state has complete jurisdiction over
the atmosphere above it subject only to the
innocent passage by aircraft of a foreign country.
Under this theory, if the crime is committed in an
aircraft, no matter how high, as long as it can be
established that it is within the Philippine
atmosphere, Philippine Criminal law will govern.
(Anti-Highjacking Law)
Note: The Philippines adopts the Absolute Theory.
Par. 2: Forging/ Counterfeiting the Coins or
Currency Notes in the Philippines
Forging is committed abroad, and it refers only to
Philippine coin, currency note, obligations and
securities.
Par. 3: Should introduce into the country the
above-mentioned obligations and securities.
The reason for this provision is that the
introduction of forged or counterfeited obligations
and securities into the Philippines is as dangerous
as the forging or counterfeiting of the same, to the
economic interest of the country.
Par. 4: When public officers or employees commit
an offense in the exercise of their functions.
Crime committed pertains to the exercise of the
Public Official’s functions:
The crimes which may be committed are:
(i) Direct Bribery (Art. 210)
(ii) Qualified Bribery (Art. 211-A)
(iii) Indirect Bribery (A. 211)
(iv) Corruption (A. 212)
(v) Frauds against the public treasury (Art. 213)
(vi) Possession of prohibited interest (Art. 216)
(vii) Malversation of public funds or property (Art.
217)
(viii) Failure to render accounts
(ix) Illegal use of public funds or property (Art. 220)
(x) Failure to make delivery of public funds or
property (Art. 221)
(xii) Falsification by a public officer or employee
committed with abuse of his official position (Art.
171)
(xii) Those having to do with the discharge of their
duties in a foreign country.
The functions contemplated are those, which are,
under the law:
(a) to be performed by the public officer;
(b) in the foreign service of the Phil. Government;
(c) in a foreign country.
Par. 5: Commit any of the crimes against national
security and the law of nations, (Title One, Book 2,
RPC)
Crimes against national security:
(i) Treason (Art. 114)
(ii) Conspiracy and proposal to commit treason
(Art. 115)
(iii) Violation of neutrality (Art. 119)
(iv) Flight to enemy’s country (Art. 121)
(v) Piracy in general and mutiny on the high seas or
in Philippine waters (Art. 122)
Note: Crimes against public orders (e.g., rebellion,
coup d’etet, sedition) committed abroad is under
the jurisdiction of the host country.
Terrorism is now classified as a crime against
national security and the law of nations. (RA 9372)
(c)Prospectivity
General Rule: Acts or omissions which have been
committed before the effectivity of a penal law
could not be penalized by such penal law.
Exception: Penal laws shall have retroactive effect,
insofar as they favor the person guilty of a felony.
[Art. 22, RPC]
Exception to the Exception:
(1) The new law is expressly made inapplicable to
pending actions or existing cause of actions; or
(2) The offender is a habitual criminal. (Art. 22,
RPC)
Effects of repeal/amendment of penal law
(1) If the repeal makes the penalty lighter in the
new law,
(a) The new law shall be applied,
(b) EXCEPT when the offender is a habitual
delinquent or when the new law is made not
applicable to pending action or existing causes of
action.
(2) If the new law imposes a heavier penalty
(a) Law in force at the time of the commission of
the offense shall be applied.
(3) If the new law totally repeals the existing law so
that the act which was penalized under the old law
is no longer punishable,
(a) The crime is obliterated.
(b) Pending case are dismissed
(c) Unserved penalties imposed are remitted.
(4) Rule of prospectivity also applies to judicial
decisions, administrative rulings and circulars. (Art.
8, Civil Code)
Rationale for the prospectivity rule: the
punishability of an act must be reasonable known
for the guidance of society (Peo vs. Jabinal).
B. Felonies
DIFFERENTIATING FELONIES, OFFENSE,
MISDEMEANOR AND CRIME
FELONY- Refers only to violations of the Revised
Penal Code.
(a) A crime punishable under a special law is not
referred to as a felony. “Crime” or “offense” is the
proper term.
(b) Importance: There are certain provisions in the
RPC where the term “felony” is used, which means
that the provision is not extended to crimes under
special laws.
OFFENSE- A crime punishable under a special law
is called a statutory offense.
MISDEMEANOR- A minor infraction of the law,
such as a violation of an ordinance.
CRIME- Whether the wrongdoing is punished
under the RPC or under a special law, the generic
word “crime” can be used.
FELONIES: HOW COMMITTED
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. (Art. 3, RPC)
1. Criminal liabilities and Felonies
(a) Classification of felonies
Felonies are classified as follows: (MSG)
(1) According to the manner of their
commission
(2) According to the stages of their execution
(3) According to their gravity
Other classfications:
(4) As to count
(5) As to nature
 The purpose of classifying penalties is to
bring about a proportionate penalty and
equitable punishment.
 The penalties are graduated according to
their degree of severity.
o The stages (Art. 6) may not apply to all
kinds of felonies.
o There are felonies which do not admit of
division.
 According to the Manner of their
Commission
Under Art. 3, they are classified as:
o Intentional felonies- those committed with
deliberate intent; and
o Culpable felonies- those resulting from
negligence, reckless imprudence, lack of
foresight or lack of skill.
INTENTIONAL FELONY V. CULPABLE FELONY
 Intentional Culpable (b) Material Felonies: Crimes that have various (i) the penalty is arresto menor, or a fine not
Act is malicious Not malicious stages of execution. exceeding P 200, or both.
With deliberate Injury caused is (c) Felonies by omissions: Crimes which have no
intent unintentional, being attempted stage. Why is it necessary to determine whether the crime
just an incident of (d) Crimes which have NO FRUSTRATED STAGE: the is grave, less grave or light?
another act performed essence of the crime is the act itself.
without malice.  Rape- The slightest penetration already (1) To determine
Has intention to Wrongful act result
consummates the crime
case an injury from imprudence,
 Arson- The slightest burning already renders (a) Whether these felonies can be complexed or
negligence, lack of
the crime complete. not;
foresight, or lack of skill.
 Theft- “Free disposition of the items stolen” is (b) The prescription of the crime and
(2) According to the Stages of Their Execution not in any was determinative of whether (c) The prescription of the penalty.
Under Art. 6, they are classified as: (AFC) the crime of theft has been produced.
(a) Attempted (Valenzuela vs. People, 2007) (2) In other words, these are felonies classified
(b) Frustrated (3) According to Gravity according to their gravity, stages and the penalty
(c) Consummated Under Art. 9, Felonies are classified as: attached to them.
(a) Grave felonies- those to which the law attaches
Note: The classification of stages of a felony in the capital punishment or penalties, which in any of (a) Take note to that when the Revised Penal Code
Article 6 is true to crimes under the Revised Penal their periods are afflictive; speaks of grave and less grave felonies, the
Code. It does NOT apply to crimes punished under (i) Reclusion Perpetua definition makes a reference specifically to Art. 25
special laws. (ii) Reclusion Temporal of the Revised Penal Code.
(iii) Perpetual or Absolute Disqualification
However, even certain crimes which are punished (iv) Perpetual or Temporary Special DQ (b) Do not omit the phrase “In accordance with
under the Revised Penal Code do not admit of these (v) Prision Mayor Art. 25 “because there is also a classification of
stages. (vi) Fine more than P 6,000 penalties under Art. 26 that is not applied.

Related to this, classification of felonies as to:
(a) Formal Crimes: Crimes which are consummated
in one instance
Ex: ILLEGAL EXACTION under Art. 213
Mere demanding of an amount different from what
the law authorized him to collect will already
consummates a crime, whether the taxpayer pays
the amount being demanded or not.
(b) Less Grave Felonies- those to which the law (c) This classification of felony according to gravity
punished with penalties which in their maximum is important with respect to the question of
period is correctional; prescription of crimes.
(i) Prision correctional;
(ii) Arresto Mayor (d) If the penalties is a fine and exactly P 200, it is
(iii) Suspension only considered a light felony under Art. 9. If the
(iv) Destierro fine imposed as an alternative penalty or as a
(v) Fines equal to or more than P 200 single penalty, the fine of P200 is considered a
correctional penalty under Art. 26, hence a less
(c) Light felonies- those infractions of law for the grave penalty.
commission of which
(e) If the penalty is exactly P 200 apply Art. 26 (b) Conspiracy and Proposals
(with respect to prescription of penalties). It is (c)Multiple Offenders (Differences,
considered as a correctional penalty and it rules, effects)
prescribes in 10 years. If the offender is (d) Include: Obstruction of Justice
apprehended at any time within ten years, he can (P.D. No. 1829)
be made to suffer the fine.

(4) As to Count
Plurality of crimes may be in the form of:
(a) Compound crime;
(b) Complex crime; and
(c) Composite Crime.

(5) As to Nature
(a) Mala in se
(b) Mala Prohibita

(b) Elements of criminal liability

(c) Impossible crimes

(d) Complex crimes and Composite
Crimes
2. Circumstances affecting Criminal
Liability
(a) Justifying circumstances
(b) Exempting Circumstances
(c)Mitigating Circumstances
(d) Aggravating Circumstances
(e) Alternative Circumstances
(f) Absolutory Cause
3. Persons Liable and Degree of
Participation
(a) Principals, accomplices and
accessories