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 !ct "o. 3815# and amendments

Special Penal laws from Phil Commission$ Phil !ssembl%$ Phil Legislature$ "at&l !ssembl%$ Congress of the Phil$ 'atasang Pambansa Penal Presidential Decrees issues during martial Law

Characteristics of Criminal Law (. )*"*R!L law is binding on all persons who live or so+ourn in the Phil territor% *,ceptions: i. as provided in treaties and law of preferential application and !R- . RPC# ii.Sub+ect to principles of public international law and to treat% stipulations !rt (/ CC# .. -*RR0-1R0!L underta2e to punish crimes committed within the Phil territor% *,ceptions: !rt. . RPC# i. 0n Phil Ship or !irship ii.3orging/counterfeiting Phil coin/currenc% iii.!cts connected with the intro of the issue in the preceding no. iv.Public officers/emplo%ees& offenses in the e,ercise of their f,ns v.Crimes against "at&l securit% and law of nations 4. PR1SP*C-05* cannot ma2e an act punishable in a manner in which it was not punishable when committed. *,ceptions: i. 6ore lenient or favorable acts (. 'ut "1- when the new law is e,pressl% made inapplicable to pending actions or e,isting causes of actions .. !nd "1- to habitual criminals

The Revised Penal Code

!rt ( effective January 1, 193 !rt . 7 Application of its provisions! " #$ce%t as %rovided in the treaties and laws of %referential a%%lication, the %rovisions of this Code shall &e enforced not only within the Phili%%ine 'rchi%ela(o, includin( its atmos%here, its interior waters )3*mile limit+ and maritime ,one, &ut also outside of its -urisdiction, a(ainst those who. 1! /hould commit an offense while on a Phili%%ine shi% or airshi% ! /hould for(e or counterfeit any coin or currency note of the Phili%%ine 0slands or o&li(ations and securities issued &y the 1overnment of the Phili%%ine 0slands2 3! /hould &e lia&le for acts connected with the introduction into these islands of the o&li(ations and securities mentioned in the %residin( num&er2 3! 4hile &ein( %u&lic officers or em%loyees, should commit an offense in the e$ercise of their functions2 or 5! /hould commit any of the crimes a(ainst national security and the law of nations, defined in Title 5ne of 6oo7 Two of this Code

Rules as to +urisdiction over crimes committed aboard foreign merchant vessels 3rench Rule Restrictive# such crimes are not triable in that countr%$ unless their commission affects the peace and securit% of that territor% or the safet% of the state is endangered. *nglish Rule Permissive# Such crimes are triable in that countr%$ unless the% merel% affect things within the vessel or the% refer to the internal management thereof. *,tra7territorial application of R! 849. !lthough ph%sicall% outside Phil but commit$ conspire or plot an% of the crimes in the Phil !lthough ph%sicall% outside but commit crimes on board of a Phil ship or !irship Persons who commit crimes inside the embass%$ consulate or diplomatic premises of the Phil in an official capacit% Ph%sicall% outside but commit crimes against Phil citi:ens or persons of Phil descent$ where citi:enship or ethnicit% was a factor in the commission of the crime !lthough ph%sicall% outside but commit crimes directl% against the Phil government.

8#L590#/ '9: C0RC;</T'9C#/ 4=0C= '88#CT CR0<09'L L0'60L0T> Chapter 1ne 3 * L 1 " 0 * S acts and omissions punishable b% the revised penal code !rt 4 7 :efinitions! " 'cts and omissions %unisha&le &y law (RPC) are felonies )delitos+! 8elonies are committed not only &e means of deceit )dolo+ &ut also &y means of fault )cul%a+! There is deceit when the act is %erformed with deli&erate intent and there is fault when the wron(ful act results from im%rudence, ne(li(ence, lac7 of foresi(ht, or lac7 of s7ill *lements: (. -hat there must be an act or omission .. -hat the act or omission must be punishable b% the RPC 4. -hat the act performed or omission incurred b% means of dolo or culpa !ct 7 an% bodil% movement tending to produce some effect in the e,ternal world 1nl% e,ternal acts are punished 1mission inaction; failure to perform a positive dut% 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 3elonies according b% which the% are committed 0ntentional 3elonies malicious; with deliberate intent Dolos < malice Re=uisites of dolo (. 3R**D16 without this$ he is no longer a human being but a tool .. 0"-*LL0)*"C* necessar% to determine moralit% of human acts 4. 0"-*"- to commit the act with malice Culpable 3elonies not malicious; unintentional; imprudence$ negligence$ lac2 of foresight / s2ill Crim intent is replaced b% negligence > imprudence in culpa felonies Re=uisites (. 3R**D16 without this$ he is no longer a human being but a tool .. 0"-*LL0)*"C* necessar% to determine moralit% of human acts

4. 06PR?D*"C*$ "*)L0)*"C*$ L!C@ 13 31R*S0)A- 1R S@0LL

6ista2e of fact ignorantia facti excusat# relieves accused of criminal liabilit%. Re=uisites: (. !ct done would have been lawful had the facts been accused believed them to be .. 0ntention should be lawful 4. 6ista2e should be without fault or carelessness Actus me invito factus non est meus actus an act done b% me against m% will is not m% act Crimes punished b% special laws municipal/cit% ordinances# Dolo is not re=uired *,. 0s carr%ing of firearms in an electoral precinct Mala in se/Mala Prohi ita 6ala in se wrongful in nature; inherentl% immoral i.e. rape$ theft$ murder# -here must be criminal intent 6ala Prohibita wrong merel% because prohibited b% statute; punished b% special law i.e. illegal possession of firearms# it is sufficient if the prohibited act was intentionall% done )ood faith and absence of criminal intent are not valid defenses in crimes punished b% special laws 6otive and 0ntent 6otive moving power which impels one to action for a definite result Relevant if identit% of accused is in dispute *,istence however is not sufficient proof of guilt 0ntent purpose to use a particular means to effect such result !rt. / 7 Criminal lia&ility! " Criminal lia&ility shall &e incurred. 1! 6y any %erson committin( a felony )delito+ althou(h the wron(ful act done be different from that which he intended! ! 6y any %erson %erformin( an act which would &e an offense a(ainst %ersons or %ro%erty, were it not for the inherent im%ossi&ility of its accom%lishment or an account of the em%loyment of inade?uate or ineffectual means! !l "ue 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 -he felon% committed must be the pro,imate cause of the resulting in+ur% Pro,imate cause that cause$ which$ in natural and continuous se=uence$ unbro2en b% an% efficient intervening cause produces the in+ur%$ and without which the result would not have occurred 0mpossible Crimes commission is indicative of a criminal propensit%/tendenc%. 0nade=uate/ineffectual means. Re=uisites: (. !ct is an offense against persons/propert% .. Bith evil intent 4. !ccomplishment is inherentl% impossible or means emplo%ed is either inade=uate/ineffectual /. !ct should not constitute a violation of another provision of the RPC

!rt. C 7 Dut% of the court in connection with acts which should be repressed but which are not covered b% the law$ and in cases of e,cessive penalties. " 4henever a court has 7nowled(e of any act which it may deem %ro%er to re%ress and which is not %unisha&le &y law, it shall render the %ro%er decision, and shall re%ort to the Chief #$ecutive, throu(h the :e%artment of Justice, the reasons which induce the court to &elieve that said act should &e made the su&-ect of le(islation! 0n the same way, the court shall su&mit to the Chief #$ecutive, throu(h the :e%artment of Justice, such statement as may &e deemed %ro%er, without sus%endin( the e$ecution of the sentence, when a strict enforcement of the %rovisions of this Code would result in the im%osition of a clearly e$cessive %enalty, ta7in( into consideration the de(ree of malice and the in-ury caused &y the offense! *,ecutive clemenc% recommend for the wife who 2illed her cruel husband

!rt. C. #onsummated, frustrated, and attempted felonies. D Consummated felonies as well as those which are frustrated and attem%ted, are %unisha&le! ' felony is consummated when all the elements necessary for its e$ecution and accom%lishment are %resent2 and it is frustrated when the offender %erforms all the acts of e$ecution which would %roduce the felony as a conse?uence &ut which, nevertheless, do not %roduce it &y reason of causes inde%endent of the will of the %er%etrator! There is an attem%t when the offender commences the commission of a felony directly or over acts, and does not %erform all the acts of e$ecution which should %roduce the felony &y reason of some cause or accident other than this own s%ontaneous desistance !ttempted 3elon% *lements: (. 1ffender commences the felon% b% overt acts .. Does not perform all the acts 4. "ot stopped b% his own spontaneous desistance /. Cause of non performance are accident not in his will e,empt him from the crime committed b% him before his desistance

Spontaneous desistance can e,empt from criminal liabilit% for the intended crime but it does not 3rustrated 3elon% the wound or damage cause must be mortal
*lements (. 1ffender performs all acts of e,ecution .. !ll the acts would produce the felon% as conse=uence 4. 'ut felon% is not produced /. '% reason or cause independent of his will

Consummated 3elon% all elements and accomplishment is present

"ature of Crimes and stages (# !rson !ttempted if gas was poured but was not lighted; frustrated if there was fire but did not reach an% part of the house; consummated when an% part of the house was burned. .# -heft Consummated alread% when offender is able to get hold or ta2e the thing belonging to another 4# *stafa *lements: abuse of confidence and damage to another part% 6anner of Committing the crime

(# 3ormal crimes no attempted stage consummated in one instance a. Slander$ false testimon%$ selling of mari+uana .# Crimes consummated b% mere attempt or proposal or b% overt act a. -reason$ corruption of minors$ flight to enem%&s countr% 4# 3elon% b% omission also no attempted# a. @illing a child through starvation /# Crimes re=uiring the intervention of . persons to commit them are consummated b% mere agreement a. 'etting in sport contests$ corruption of a public officer C# 6aterial Crimes 4 stages a. Aomicide$ rape although updated that there is no such thing as frustrated rape as there is no need for penetration. 0t has been consummated when penis has touched the labia ma+ora !rt. 9 7 $hen light felonies are punisha le. D Li(ht felonies are %unisha&le only when they have &een consummated, with the e$ce%tion of those committed a(ainst %erson or %ro%erty.

Slight ph%sical in+uries -heft !ltercation of boundar% mar2s 6alicious mischief 0ntriguing against honor

!rt. E 7#onspirac% and proposal to commit felon%. D Cons%iracy and %ro%osal to commit felony are %unisha&le only in the cases in which the law s%ecially %rovides a %enalty therefor! ' cons%iracy e$ists when two or more %ersons come to an a(reement concernin( the commission of a felony and decide to commit it! There is %ro%osal when the %erson who has decided to commit a felony %ro%oses its e$ecution to some other %erson or %ersons

conspirac% at least . agreed proposal at least (; the other does not necessaril% agree

)eneral Rule: Conspirac% and proposal to commit felon% are not punishable e,cept supra these are onl% preparator% acts Conspirac% punished b% law: (. to commit treason also proposal# .. to commit coup d&Ftat$ rebellion or insurrection also proposal# 4. to commit sedition /. in monopolies and combinations in restraint of trade Re=uisites of Conspirac% a# . or more persons came to an agreement b# !greement concerned the commission of felon% c# *,ecution of felon% has been decided upon Re=uisites of Conspirac% a# ! person has decided to commit a felon% b# Ae proposes its e,ecution to some other person/s

!rt. 8 7 &rave felonies, less grave felonies and light felonies. " 1rave felonies are those to which the law attaches the ca%ital %unishment or %enalties which in any of their %eriods are afflictive, in accordance with 'rt! 5 of this Code! Less (rave felonies are those which the law %unishes with %enalties which in their ma$imum %eriod are correctional, in accordance with the a&ove*mentioned 'rt! Li(ht felonies are those infractions of law for the commission of which a %enalty of arresto menor or a fine not e$ceedin( @@ %esos or &oth2 is %rovided

!fflictive Penalties
Reclusion perpetua Reclusion temporal Perpetual/temporar% absolute dis=ualification Perpetual/temporar% special dis=ualification Prison ma%or Correctional penalties Prison correccional !rresto ma%or Suspension Destierro !rt. (G 7 'ffenses not su (ect to the provisions of this #ode. D 5ffenses which are or in the future may &e %unisha&le under s%ecial laws are not su&-ect to the %rovisions of this Code! This Code shall &e su%%lementary to such laws, unless the latter should s%ecially %rovide the contrary Special laws will be in effect and this code will +ust be supplementar% unless the special laws should speciall% provide the contrar%#

Chapter -wo H?S-03I0") C0RC?6S-!"C*S !"D C0RC?6S-!"C*S BA0CA *J*6P- 3R16 CR060"!L L0!'0L0-I 0mputabilit% =ualit% b% which an act ma% be ascribed to a person as its author/owner. 70mplies that act is done freel% and consciousl% Responsibilit% obligation of suffering the conse=uences of crime 0mputabilit% implies that a deed ma% be imputed to a person$ responsibilit% implies that the person must ta2e the conse=uence of such deed )uilt an element of responsibilit%$ a man cannot be made to answer for the conse=uences of a crime unless he is guilt% Hustif%ing 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 liabilit% "o civil liabilit% e,cept in par / of !rt (( !rt. (( 7 )ustif%ing circumstances. D The followin( do not incur any criminal lia&ility. 1! 'nyone who acts in defense of his %erson or ri(hts, %rovided that the followin( circumstances concur2 8irst! ;nlawful a((ression! /econd! Reasona&le necessity of the means em%loyed to %revent or re%el it!

Third! Lac7 of sufficient %rovocation on the %art of the %erson defendin( himself! ! 'nyone who acts in defense of the %erson or ri(hts of his s%ouse, ascendants, descendants, or le(itimate, natural or ado%ted &rothers or sisters, or his relatives &y affinity in the same de(rees and those consan(uinity within the fourth civil de(ree, %rovided that the first and second re?uisites %rescri&ed in the ne$t %recedin( circumstance are %resent, and the further re?uisite, in case the revocation was (iven &y the %erson attac7ed, that the one ma7in( defense had no %art therein! 3! 'nyone who acts in defense of the %erson or ri(hts of a stran(er, %rovided that the first and second re?uisites mentioned in the first circumstance of this 'rt! are %resent and that the %erson defendin( &e not induced &y reven(e, resentment, or other evil motive! 3! 'ny %erson who, in order to avoid an evil or in-ury, does not act which causes dama(e to another, %rovided that the followin( re?uisites are %resent2 8irst! That the evil sou(ht to &e avoided actually e$ists2 /econd! That the in-ury feared &e (reater than that done to avoid it2 Third! That there &e no other %ractical and less harmful means of %reventin( it! 5! 'ny %erson who acts in the fulfillment of a duty or in the lawful e$ercise of a ri(ht or office! A! 'ny %erson who acts in o&edience to an order issued &y a su%erior for some lawful %ur%ose Rights included in self7defense: Right to life K to propert% K to honor ?nlawful aggression e=uivalent to assault or at least threatened assault of an immediate / imminent 2ind -here must be actual ph%sical force/actual use of weapon 0ncludes a slap in the face Retaliation is not self7defense !ggression has alread% ceased to e,ist "1 unlawful aggression when there is agreement to fight Concerted fight Challenge to a fight must be accepted !rt. (. 7 #ircumstances *hich exempt from criminal lia ilit%. D the followin( are e$em%t from criminal lia&ility. 1! 'n im&ecile or an insane %erson, unless the latter has acted durin( a lucid interval! 4hen the im&ecile or an insane %erson has committed an act which the law defines as a felony )delito+, the court shall order his confinement in one of the hos%itals or asylums esta&lished for %ersons thus afflicted, which he shall not &e %ermitted to leave without first o&tainin( the %ermission of the same court! ! ' %erson under nine years of a(e! 3! ' %erson over nine years of a(e and under fifteen, unless he has acted with discernment, in which case, such minor shall &e %roceeded a(ainst in accordance with the %rovisions of 'rt! 8@ of this Code! 4hen such minor is ad-ud(ed to &e criminally irres%onsi&le, the court, in conforma&ly with the %rovisions of this and the %recedin( %ara(ra%h, shall commit him to the care

and custody of his family who shall &e char(ed with his surveillance and education otherwise, he shall &e committed to the care of some institution or %erson mentioned in said 'rt! 8@! 3! 'ny %erson who, while %erformin( a lawful act with due care, causes an in-ury &y mere accident without fault or intention of causin( it! 5! 'ny %erson who act under the com%ulsion of irresisti&le force! A! 'ny %erson who acts under the im%ulse of an uncontrolla&le fear of an e?ual or (reater in-ury! B! 'ny %erson who fails to %erform an act re?uired &y law, when %revented &y some lawful insu%era&le cause. 0n e,empting circumstances$ there is a crime committed but no criminal liabilit% 0nsanity Presumption is alwa%s in favor of sanit% 0f insane at the time of trial will be suspended until mental capacit% is restored to afford fair trial Huvenile Hustice and Belfare !ct of .GGL Periods of criminal res%onsi&ility (# !ge of absolute irresponsibilit% 8 %rs and below .# K conditional responsibilit% bet 87(C 4# K full responsibilit% (E %rs or over /# K mitigated responsibilit% 87(C with discernment; (C7(E; over 9G %ears of age Discernment mental capacit% to understand the difference bet right and wrong 7not onl% during the commission of the act but also after and even during trial Determination of age: 'irth Certificate 'aptismal K !n% other pertinent documents 0f none < info from the child$ testimonies of other persons$ ph%sical appearance and other relevant evidence 0n case of doubt < will be resolved in his/her favor 'ccident *lements: Lawful act Due care 0n+ur% caused b% mere accident Bithout fault or intention !n accident is something that happens outside the swa% of our will and although it comes about through some act or will$ lies be%ond the bounds of humanl% foreseeable conse=uences 0f the conse=uences are plainl% foreseeable$ it will be a case of negligence 0rresisi&le force *lements: Compulsion is b% means of ph%sical force Said force must be irresistible Said force must come from a 4rd person

;ncontrolla&le 8ear *lements: -hreat which causes the fear is of an evil greater than or at least e=ual to$ that which he is re=&d Promises an evil of such gravit% and imminence that the ordinar% man would have succumbed to it. 8ailed to %erform %revented &y some lawfulCinsu%era&le cause *lements: !ct is re=d b% law to be done Person fails to perform such act 3ailure to performwas due to some lawful/insuperable cause *,. Priest who did not disclose the confession of rebellion

!bsolutor% causes !ct committed is a crime but for reasons of public polic% and sentiment there is no penalt% imposed 1ther !bsolutor% causes (# !rt L spontaneous desistance .# !rt .G accessories who are reslatives 4# !rt .(/ compulsor% confinement of a violent/insane pat in a hosp /# !rt ./9 death or ph%sical in+uries inflicted under e,ceptional circumstances Criminal conversation illegal intercourse Death destierro Ph%sical in+uries e,empt (# !rt .EG trespass to dwelling .# !rt 44. crime committed or mutuall% caused 4# !rt 4// 0nstigation inducement to do such act !n absolutor% cause *ntrapment crime is alread% present not absolutor% cause