Act. No.

3815 An Act Revising the Penal Code & Other Penal Laws
Art. 1 This Code shall take effect January 1, 1932

Two theories in Criminal Law

Classical
The basis of criminal liability is
human free will and the
purpose of the penalty is
retribution
2. That man is essentially a moral
creature with an absolutely free
will to choose between good
and evil, thereby placing more
stress upon the effect or result
of the felonious act than upon
the man, the criminal himself
3. Theres a mechanical and
direct proportion between
crime and penalty
4. There is little regard to the
human element
1.

2.

Positivist
1. That man is subdued
occasionally by a strange and
morbid phenomenon which
constrains him to do wrong
That crime is essentially a social
and natural phenomenon, it
cannot be treated and checked
by the abstract principles of law
and jurisprudence nor by the
imposition of a punishment; but
rather thru the enforcement of
individual measures in each
particular case after a thorough
investigation by a psychiatrist
and social scientists

Art. 2 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 and
maritime zone) but also outside of its jurisdiction against those who:
a.) Should commit an offense while on a Philippine ship or airship
b.) Should forge/counterfeit any coin/currency and securities issued by the Govt of the Philippines
c.) Should be liable for acts connected with the introduction into these Islands of the obligations and
securities mentioned in the preceding number
d.) While being public officers or employees, should commit an offense in the exercise of their functions
e.) Should commit any of the crimes against national security and the law of nations, defined in Title 1 of
Book 2 of this Code
a.) - a Philippine vessel is considered part of the national territory even though beyond 3 miles from the seashore
- but when in the territory of a foreign country, subject to the laws of that foreign country
- must be registered in the Philippine Bureau of Customs (registration of the vessel, not the nationality of its owner)
- an unregistered vessel does not come within the purview of Art 2.
d.)
- Crimes that may be committed in the exercise of public functions: Direct bribery, indirect bribery, frauds
against public treasury, possession of prohibited interest, malversation of public funds/property, failure of accountable officer
to render accounts, illegal use of public funds/property, failure to make delivery of public fund/property, falsification by a
public officer committed with abuse of his official function
e.)
-Crimes against national security & law of nations: treason, conspiracy & proposal to commit treason,
espionage, inciting to war and giving motives for reprisals, violation of neutrality, correspondence with hostile country, flight
to enemys country, piracy and mutiny on the high seas

Crimes punishable under Art. 2 are cognizable by RTC in which the charge is first filed
General rule, RPC is applicable against any person who violates any of its provisions while living/sojourning in
Philippines
Exception: as provided by treaties and laws of preferential application (RP-US Visiting Accord, Military Bases
Agreement b/n Phil and US, and provisions of RA 75)
Atmosphere (extends to air space), interior waters (include creeks, rivers, lakes and bays, gulfs, straits, coves,
inlets and roadsteads within the 3-mile limit), Maritime zone (3 miles from the coastline starting for the low water
mark
A foreign ship or airship is an extension of the territory of the country where it belongs. (so crime in the high seas in
a foreign merchant ship is not triable in Philippines)
But a continuing crime on a foreign merchant vessel sailing to Philippines, is triable here
Crime on board a foreign merchant vessel while in Philippines is triable here
Rules as to Jurisdiction over crimes committed aboard foreign merchant vessels while in another territory
o
FRENCH RULE Such crimes are not triable in the courts of that country, unless their commission affects
the peace and security of the territory of the safety of the state is endangered
o
ENGLISH RULE Such crimes are triable in that country, unless they merely affect the things within the
vessel or they refer to the internal management thereof.
Mere possession of opium in foreign merchant vessel in transit, not triable here. But when landed or using opium,
breach of public order. (the person in possession of opium is liable)
Philippine courts have no jurisdiction over offenses on board FOREIGN WARSHIPS in territorial waters.

Warships are the territory of the country where it belongs, cannot be subject to the laws of another
country.

Art. 3 Acts & omissions punishable by law are felonies (delitos)

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa)
There is deceit when the act is performed with deliberate intent; There is fault when the
wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill

Felonies acts and ommissions punishable by RPC

Crimes & Offense punished by special law
Elements of Felonies:
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 is performed or the omission incurred by means of dolo or culpa
Act any bodily movement tending to produce some effect in the external world, it being necessary that the same
is actually produced, as the possibility f its production is sufficient. But the act must be one thats defined by RPC as
constituting a felony; or at least, an overt act of that felony. (Overt act external act which has direct connection
with the felony intended to be committed)
The act must be external
Omission an inaction, the failure to perform a positive duty which one is bound to do. Pp. v Silvestre & Atienza
(failed to report arson)
Nullum crimen, nulla poena sine lege there is no crime where there is no law punishing it
punished by law means punished by RPC, not special law
Classification of Felonies According to the MEANS by which they are committed:
o
Intentional & Culpable
Intentional
Culpable
the act/omission of offender is
The act/omission of offender is not
malicious (deliberate intent);
malicious. The injury caused is
the offender has intention to cause
unintentional, it being an incident of
an injury to another
another act performed without malice;
The wrongful act results from imprudenc,
negligence, lack of foresight or lack of
skill
Dolus equivalent to malice, which is the intent to do an injury to another
Felonies committed by means of fault or culpa: malversation thru negligence, evasion thru negligence, imprudence
or negligence
Crimes which cannot be committed thru negligence: murder, treason, robbery, malicious mischief
o
There are crimes performed without malice but is punishable.
o
Imprudence (deficiency of action, lack of skill). Negligence (deficiency of perception, lack of skill)
In dolo and culpa, both are VOLUNTARY, but in dolo (the wrongful act is done with deliberate intent) theres malice,
in culpa (the wrongful act results from negligence etc) theres no malice
Pp v Lopez (homicide thru reckless imprudence, driving a truck, girl crossed during rain)
When there is force or intimidation, the act is not voluntary
3 Reasons why act/omission in felonies must be voluntary
o
RPC is based on Classical theory, where the basis of criminal liability is human free will
o
Acts/omissions are always deemed to be voluntary since man is a rational being
o
In dolo, the act is performed with deliberate intent which must be necessarily voluntary; in culpa, it is
voluntary but without malice
REQUISITES OF DOLO:
1.) He must have FREEDOM while doing an act/omitting to do an act
2.) He must have INTELLIGENCE while doing the act/omitting to do the act
3.) He must have INTENT while doing the act/omitting to do the act
o
Intent presupposes the existence of freedom and intelligence
o
Existence of intent is shown by the overt acts of the person
o
Criminal intent is presumed (Pp v Sia Teb Ban, theft, watch)
o
But no presumption of criminal intent from an act which is not unlawful (US v Judge
Catolico)
o
Actus non facit reum, nisi mens sit rea a crime is not committed if the mind of the
person performing to act complained be innocent
o
There is no felony by dolo if there is no intent. (Pp v Beronilla, acting on superior orders)

Mistake of Fact a misapprehension of fact on the part of the person who caused injury to another.
no criminal liability. An honest mistake of fact destroys the presumption of criminal intent
in mistake of fact, the act by the accused would have constituted (1) a justifying circumstance, (2)
absolutory cause, or (3) an involuntary act
Requisites of Mistake of Fact as a defense:
1.) That the act done would have been lawful had the facts been as the accused believed them to be
2.) That the intention of the accused in performing the act should be lawful
3.) That the mistake must be without fault or carelessness on the part of the accused
US v Ah Chong (cook, struck person behind door with kitchen knife)
Pp v Oanis (ordered to arrest Balagtas, in the house they went to a room w/ a sleeping man w/ his back on door,
they fired at him)

Lack of intent to kill because his intention was to kill another, does not relieve the accused from
liability
Pp v De Fernando (homicide thru reckless negligence, policeman was informed that 3 convicts had escaped, in the
dark, he saw a person going up the stairs of a house carrying a bolo and calling for someone inside, policeman fired
shot in the air, but as victim continued ascending, he fired at him)
Actus non facit reum nisi mens sit rea the act itself does not make a man guilty unless his intention were so
Actus me invite factus non est meus actus an act done by me against my will is not my act
General intent vs Specific intent in felonies committed by dolus, the third element of of voluntariness is a general
intent
but in some particular felonies, proof of particular specific intent is required (intent to gain, intent
to kill, lewd designs)

REQUISITES
a.)
b.)
c.)

OF CULPA:
He must have FREEDOM while doing an act/omitting to do an act
He must have INTELLIGENCE while doing the act/omitting to do the act
He is IMPRUDENT, NEGLIGENT or LACKS FORESIGHT/SKILL while doing the act/omitting to do the act

absence of criminal intent may be used as defense (for lack of malice)

in felonies by culpa, criminal intent is replaced with negligence & imprudence
o
in culpa, the act is also voluntary, there is freedom & intelligence, but there is NO criminal intent
o
the mind of the accused is not criminal, but his act is wrongful because the injury is caused by lack of
foresight/lack of skill
In culpable felonies, the injury should be unintentional, it being simply an incident of another act performed without
malice
o
But mistake in identity of the intended victim is not reckless imprudence
o
Person causing damage without malice/fault is not criminally liable (art 12, par 4, exempting circumstance)
o
The act performed must be lawful
3 classes of crimes (1) intentional felonies, (2) unintentional felonies,
(3) those penalized by Special laws
o
Dolo (intent) is not required in crimes punished by special law
o
It is sufficient that the offender has the intent to perpetrate the act prohibited by special law
o
Intent to Commit vs Intent to Perpetrate in Commit, there must be criminal intent, in Perpetrate, it is
enough the the act is done freely and consciously
Mala in Se vs Mala Prohibita
Mala in se
1. wrongful from their nature
2. so serious in their effects on society as to call for
almost unanimous condemnation of its members
3. intent governs
4. felonies defined by RPC; but when the acts are
inherently immoral, they are mala in se, even if
punished under special law

Mala prohibita
1. wrong merely because prohibited by sta
2. violations of mere rules of convenience des
secure a more orderly regulation of the aff
society
3. the only inquiry is, has the law been vio
4. acts made criminal by special laws

Intent vs Motive
Intent
The moving power which impels one to act for a definite
result.

Motive
The purpose to use a particular means to effect such result.
NOT an essential element of a crime, need not be proved for
purposes of conviction.
Proved by testimony of witnesses on the acts/statements of
the accused before or immediately after the commission of
the offense
But proof of motive alone is not sufficient to support a
conviction

Lack of motive may be an aid in showing the innocence of

the accused
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 an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or on
account of the use of inadequate or ineffectual means

One who commits an intentional felony is responsible for all the consequences, whether foreseen/intended or not
o
Including natural consequences
el que es causa de la causa es causa del mal causado he who is the cause of the cause is the cause of the evil
caused.
Felony (act punishable by RPC) must be by means of dolo (w/ malice)
o
if culpa, his liability is under Art. 365 which defines and penalizes criminal negligence
Par 1 is not applicable where defendant was not a regular medical practitioner
When a person has not committed a felony, he is not criminally liable for the result which is not intended
Pp v Bandoy
although the wrongful act done be different from that which he intended
o
Mistake in the identity of the victim / Error in personae
o
Mistake in the blow / aberration ictus
o
The act exceeds the intent / praeter intentionem
REQUISITES OF PAR 1
1. That an intentional felony has been committed
2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the
felony committed by the offender

No felony is committed (a) when the act is not punishable by RPC, (b) when act is
covered by justifying circumstances, art 11

Any person who creates in anothers mind an immediate sense of danger, which
causes the latter to do something resulting to the latters injuries, is liable for the
resulting injuries

wrong done must be the direct, natural and logical consequence of felonious act

victim was threatened

victim removed the drainage from the wound

other causes coopearated in producing the fatal result as long as

the wound inflicted is dangerous

The victim was suffering from internal malady

Blow was efficient cause of death

Blow accelerated death

Blow was proximate cause of death

Offended party refused to submit to surgical operation

Resulting injury was aggravated by infection

US v Marasigan
Pp v Reloj
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.
o
Natural refers to an occurrence in the ordinary course of human life or events
o
Logical there is a rational connection between the act of the accused and the resulting injury
o
There must be a relation of cause and effect, which is not altered because of pre-existing conditions such
as the (a) pathological condition of the victim, (b) predisposition of the offended party, (c) concomitant or
concurrent conditions, (d) conditions supervening the felonies
No Proximate cause when:
1.) there is an active force that intervened between the felony committed and the resulting injury, and
the active force is a distinct act/fact absolutely foreign from the felonious act of the accused
2.) the resulting injury is due to the intentional act of the victim
How to determine the proximate cause (the bus example)
Pp v Luces (Ramon gave fist blow on stomach of Feliciana, Feliciana died of cardiac failure)
Not efficient intervening causes: (do not break the relation of cause and effect)

The weak/diseased physical condition of the victim

The nervousness/temperament of the victim

Causes which are inherent in the victim (dont know how to swim)

Neglect of victim or third person (like refusal to medical attendance)

Erroneous or unskillful medical/surgical treatment

Pp v Piamonte (accused stabbed the injured party w/ hunting knife, injured party was taken to hospital and had
successful operation, but 2 months developed mucous colitis, died)
When death is presumed to be natural consequence of physical injuries
o
That the victim at the time the physical injuries were inflected was in normal health
o
That death may be expected from the physical injuries inflicted
o
That death ensued within a reasonable time

When consequence produced resulted from distinct act/fact

absolutely foreign from the criminal act, the offender is not
responsible for such consequence
PAR 2: IMPOSSIBLE CRIMES
Penalty: arresto mayor or a fine ranging from 200-500 pesos
REQUISITES OF IMPOSSIBLE CRIME:
1.) That the act performed would be an offense against persons/property
2.) That the act was done with evil intent
3.) That its accomplishment is inherently impossible, or that the means employed is either inadequeate
or ineffectual
4.) That the act performed should not constitute a violation of another provision of RPC
Felonies against Persons: DRPPHAIM
Felonies against Property: MRBACCTUS
a.) Parricide
a.) Robbery
b.) Murder
b.) Brigandage
c.) Homicide
c.) Theft
d.) Infanticide
d.) Usurpation
e.) Abortion
e.) Culpable insolvency
f.) Duel
f.) Swindling and other deceits
g.) Physical injuries
g.) Chattel mortgage
h.) Rape
h.) Arson and other crimes involving destruction
i.) Malicious mischief
If the act performed would be an offense other than a felony against persons or against property, there is no
impossible crime
Legal impossibility, Physical impossibility

Art. 5 Duty of court in connection with acts which should be repressed but which are not covered by law, and
in cases of excessive penalties
Art. 6 Consummated, frustrated, and attempted felonies
Consummated, frustrated and attempted felonies are punishable
A felony is consummated when all the elements necessary for its execution and accomplishment are
present;
It is frustrated when the offender performs all 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 by overt acts,
and does not perform all the acts of
execution which should produce the felony by reason of some cause or accident other than his own
spontaneous desistance.

Consummated felony when all the elements necessary for its execution and accomplishment are present
Frustrated felony 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
Attempted felony when the offender commences the commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other than
his own spontaneous desistance
DEVELOPMENT OF A CRIME:
1.) Internal Acts mere ideas in the mind of a person; not punishable even if the idea itself is about a
crime

Intention and effect must concur. Mere intention

producing no effect is not a crime
2.) External Acts
a. Preparatory acts ordinarily not punishable, except when law provides for their punishment
but preparatory acts which are considered in themselves, by law, as
independent crimes are punishable (possession of picklocks, buying poison,
carrying a weapon with which to kill, carrying inflammable materials to the
place where a house is to be burned)
for doing these, the person is not liable for attempted homicide or attempted
arson, because they do not constitute even the first stage of the acts of
execution of those crimes
b. Acts of execution punishable under the RPC

i. Stages of acts of execution attempted, frustrated, consummated

ATTEMPTED FELONY There is an attempt when the offender begins the commission of a felony directly by overt acts.
He has not performed all the
acts of execution which should produce the felony.
ELEMENTS:
1. The offender commences the commission of the felony directly by overt
acts
2. He does not perform all the acts of execution which should produce the
felony
3. The offenders act is not stopped by his own spontaneous desistance
4. The non-performance of all acts of execution was due to cause/accident
other than his own spontaneous desistance
Overt acts some physical activity/deed, indicating the intention to commit a particular crime, more than
mere planning or preparation, which if carried to its complete termination following its natural course,
without being frustrated by external obstacles nor by the vokuntary desistance of the perpetrator, will
logically and necessarily ripen into a concrete offense.
1.) That there be external acts (must be related to the overt acts of the crime; not mere preparatory acts)
2.)Such external acts have direct connection with the crime intended to be committed
Indeterminate offense It is one where the purpose of the offender in performing an act is not certain. Its
nature in relation to its objective is ambiguous.

The intention of the accused must be viewed from the nature of the acts executed by
him, and not from his admission.
Meaning of requisites:
1. only offenders who personally execute the commission of a crime can be
guilty. The word directly suggests that the offender must commence the
commission
2. if the offender has performed all acts of execution, nothing more is left to
be done, so either frustrated or consummated. If anything yet remained for
him to do, attempted
3.
4. if he does not perform all acts on his own, the law does not punish him;
the desistance should be made before all acts of execution are performed;
must refer to the crime intended to be committed, and has no reference to
the crime actually committetd

in attempted felony, the offender never passes the Subjective Phase of the offense.
FRUSTRATED FELONY ELEMENTS:
1. The offender performs all the acts of execution
2. All the acts performed would produce the felony as a consequence
3. But the felony is not produced
4. By reason of causes independent of the will of the perpetrator
Is there frustration due to inadequate/ineffectual means? No, impossible attempt
Frustrated felony vs Attempted felony
o
In both, the offender has not accomplished his criminal purpose
o
In frustrated, the offender has performed all acts of execution which would produce the felony as
a consequence. In attempted, the offender merely commences the commission of a felony
directly by overt acts and doesnot perform all acts of execution.
o
In frustrated, offender has reached Objective phase. In attempted, subjective phase
o
In frustrated, there is no intervention of a foregin cause between the beginning of the
consummation of the crime and the moment when all acts have been performed. In attempted,
there is such intervention and the offender does not arrive at the point of performing all acts of
execution. He is stopped short of that point by some cause apart from his own voluntary
desistance.
Attempted/Frustrated felony vs Impossible Crime
o
In attempted/frustrated and impossible, the evil intent of the offender is not accomplished
o
In impossible, the evil intent of the offender cannot be accomplished. In attempted/frustrated,
the evil intent is possible of accomplishment
o
In impossible, the evil intent cannot be accomplished because it is inherent impossible of
accomplishment, or because the means employed by the offender is inadequate or ineffectual.
In attempted/frustrated, what prevented its accomplishmet is the intervention of certain
cause/accident in which hthe offender had no part.
CONSUMMATED FELONY a felony is consummated when all the elements necessary for its execution and
accomplishment are present
o
When not all elements of a felony are proved either, (1) the felony is not shown to have been
consummated, or (the felony is not shown to have been committed, or (3) another felony is
shown to have been committed
How to Determine Whether Crime is only attempted, frustrated or consummated: must consider

1.) the nature of the offense

2.) the elements constituting the felony
3.) the manner of committing the felony

Manner of Committing the crime

1.) Formal crimes consummated in one instant, no attempt
2.) Crimes consummated by mere attempt or proposal or by overt act
3.) Felony by omission
4.) Crimes requiring the intervention of two persons to commit them are consummated by mere
agreement
5.) Material Crimes
a. Consummated rape
b. Frustrated rape
c. Attempted rape
d. Consummated homicide
e. Frustrated murder
f.
Attempted homicide