Criminal Law 1 Atty.

Buena Preparation for the Exam

Difference frustrated from impossible crime .
Article 6 defines frustrated felony it is frustrated when the offender performs all the acts of execution
which would produce the felony as a consequence but which ne!ertheless do not produce it by
reason of causes independent of the will of the perpetrator.
Elements of Frustrated Felony:
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;
. By reason of causes independent of the will of the perpetrator.
!e"uisites of frustrate felony are:
1. that the offender has performed all the acts of e#ecution $hich $ould produce the felony
2. that the felony is not produced due to causes independent of the perpetrator%s $ill. &'eople (s )rita*
"mpossible Crimes #A$%"CLE & 'EC()* PA$A+$AP, *E-")E' "%.
Article & /
nd
para0raph impossible crimes defines1
Criminal Liability shall be incurred by any person performin0 an act which would be an offense
a0ainst persons or property were it not for inherent impossibility of its accomplishment or on account
of the employment of inadequate or ineffectual means.
The commission of an impossi+le crime is indicati(e of criminal propensity or criminal tendency on the
part of the actor. ,uch person is potential criminal. Accordin- to positi(ist thin.in-/ the community must +e
protecti(e from anti0social acti(ities/ $hether actual or potential, of the mor+id type of man called 1socially
dan-erous person2.
Penalty for impossible crime is pro(ided in A$%"CLE 23 of !'3. The penalty is A!!E,T) 4A5)! or a fine
ran-in- from 266 to 766.
The 2
nd
paragraph of Article 4 defines the so-called impossible crimes impossible attempts!.
!e"uisites of 8mpossi+le 3rimes:
1. That the act performed $ould +e an offense a-ainst persons or property.
2. That the act $as done $ith e"il intent.
3. That its accomplishment is inherently impossi+le/ or that the means employed is either inadequate or
ineffectual means.
. That the act performed should not constitute a (iolation of another pro(ision of the !'3.
"n impossible crime the person intendin- to commit an offense has already performed the acts for the
e#ecution of the same/ +ut ne(ertheless the crime is not produced +y reason of the fact that the act intended is
+y its nature one of impossi+le accomplishment or +ecause the means employed +y such person are
essentially inade"uate or ineffectual to produce the result desired +y him. &Article 79*
-inal Answer -rustrated distin0uished from "mpossible Crime
1. 8n attempted or frustrated and impossi+le crime/ the e(il intent of the offender is not accomplished.
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2. But $hile in impossi+le crime/ the e(il intent of the offender cannot be accomplished, in attempted or
frustrated felony the e(il intent of the offender is possible of accomplishment.
3. 8n impossi+le crime/ the e(il intent of the offender cannot +e accomplished +ecause it is inherently
impossi+le of accomplishment or +ecause the means employed +y the offender is inade"uate or ineffectual; in
attempted or frustrated felony/ $hat pre(ented its accomplishment is the inter(ention of certain cause or
accident in $hich the offender had no part.
Difference English Rule from French Rule
There are t$o rules as to :urisdiction o(er crimes committed a+oard merchant (essels $hile in the territorial
$aters of another country.
Englis h Rule ,uch crimes are tria+le in that country/ unless they merely affect thin-s $ith in the (essel or
they refer to the internal mana-ement thereof. (Philippines observe English Rule)
French Rule ,uch crimes are not tria+le in the courts of that country/ unless their commission affects the
peace and security of the territory or the safety of the state is endan-ered.
"f you are the counsel and 4ud0e. #5al!ersation of -unds thru -alsification by
Philippine Ambassador to )i0eria and his dau0hter.
As 3ounsel under ;a$s of 'referential Application &E#ample of a la$ of 'referential Application*
!A <7 may +e considered a la$ of preferential application in fa(or of diplomatic representati(es and
their domestic ser(ants. 8t is a la$ to penali=e acts $hich $ould impair the proper o+ser(ance +y the !epu+lic
and inha+itants of the 'hilippines of the immunities/ ri-hts/ and pri(ile-es of duly accredited forei-n diplomatic
representati(es in the 'hilippines.
,ec. states that any $rit or process issued out or prosecuted +y any person in any court of !' or +y any
:ud-e or :ustice/ $here+y the person of any am+assadors of any forei-n ,tate/ authori=ed and recei(ed as
such +y the 'resident or any domestic or domestic servant of any such ambassador or minister is
arrested or imprisoned, shall be deemed void.
'ersons e#empt from the operation of our criminal la$s +y (irtue of the principles of '>B;83
8?TE!?AT8)?A; ;A@.
The follo$in- are not su+:ect to the operation of our criminal la$s:
1. ,o(erei-ns and other chiefs of state.
2. Am+assadors/ ministers plenipotentiary/ ministers resident/ and char-es d affaires.
8t is a $ell0esta+lished principle of international la$ that diplomatic representati(es/ such as
am+assadors or pu+lic ministers and their official retinue/ possess immunity from the criminal :urisdiction of the
country of their so:ourn and cannot +e sued/ arrested or punished +y the la$ of that country.
As Aud-e under Article 1 of the ?e$ 3i(il 3ode pro(ides that penal la$s and those pu+lic security and
safety shall +e o+li-atory upon all $ho li(e or so:ourn in 'hilippine territory/ subject to the principles of
public international la and to treaty stipulations.
Benerally/ our ci(il la$s do not apply to aliens $ho are -o(erned +y their national la$. Co$e(er/ the 'hilippines
$ith respect to criminal la$s/ adhere to the principle of territoriality such that any offense committed $ithin our
territory offends the ,tate. The so(erei-n ,tate has the po$er to prosecute and punish the offender/ he +e a
national or a forei-nerDalien. This is +ecause aliens o$e some sort of alle-iance e(en if it +e temporary.
E#ceptions:
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>nder the principles of pu+lic international la$ 0 su+:ect to the la$s and re-ulations of the country to $hich he
is accredited
>nder treaty stipulation. &'hil0>, 4ilitary Bases A-reement*
E#tra0Territorial Application of !A 93<2 or 1 The Cuman ,ecurity Act of 266<2
,ection 7E pro(ides that su+:ect to the pro(ision of an e#istin- treaty of $hich 'hilippines is a si-natory
and to any contrary pro(ision of any la$ of preferential application/ the pro(isions of the Act shall apply in the F
and 6
'ara-raph states that 1 to indi(idual persons $ho commit any of said crimes $ithin the em+assy/ consulate or
diplomatic premises +elon-in- to or occupied +y the 'hilippine Bo(ernment in an official capacity.
'ara-raph 6 states that 1to indi(idual persons $ho/ althou-h physically outside the territorial limits of the
'hilippines/ commit said crimes directly a-ainst the 'hilippine -o(ernment.
!e(ised 'enal 3ode pro(ides also in Article 2 'ara-raph shall +e enforced and co(ered e(en outside of the
'hilippine :urisdiction a-ainst those $ho. @here para-raph states 1$hile +ein- pu+lic officers or employees/
should commit an offense in the e#ercise of their functions2.
The application of !'3 to the am+assador (iolated
Article 21<. 4al(ersation of pu+lic funds or property 'resumption of mal(ersation. Any pu+lic officer $ho/ +y
reason of the duties of his office/ is accounta+le for pu+lic funds or property/ shall appropriate the same/ or
shall ta.e or misappropriate or shall consent/ or throu-h a+andonment or ne-li-ence/ shall permit any other
person to ta.e such pu+lic funds or property / $holly or partially/ or shall other$ise +e -uilty of the
misappropriation or mal(ersation of such funds or property shall suffer.
8n all cases/ persons -uilty of mal(erstion shall also suffer the penalty perpetual dis"ualification and a fine
e"ual to the amount of the funds mal(ersed or e"ual to the total (alue of the property em+e==led.
Amended +y !A1666 The failure of a pu+lic officer to ha(e duty forthcomin- any pu+lic funds or property $ith
$hich he is char-ea+le. upon demand +y any duly authori=ed officer/ shall +e prima facie e(idence that he has
put such missin- funds or property to personal use.
$eason: An accounta+le pu+lic officer may +e con(icted of mal(ersation e(en if there is no direct e(idence of
misappropriation and the only e(idence is shorta-e in his accounts $hich he has not +een a+le to e#plain
satisfactorily.
8n the case at +ar/ 'ere= (s 'eople $here the petitioner $as not a+le to present any credi+le e(idence to re+ut
the presumption that he mal(ersed the missin- funds in his custody or control.
!pplication of "pecial #as R! $%&' (Decision of the judge to ac(uit the
accused)
3ounsel Ar-ument on !A 3619 to the accused to +e principal and accomplice.
Aud-e !ulin- 0 Tena+le for the accused to +e principal char-ed to under ,pecial ;a$ and accomplice is not.
!rticle &% pro(ides that offenses not su+:ect to the pro(isions of this 3ode. #ffenses $hich are or in the
future may +e punisha+le under special laws are not sub$ect to the pro"isions of this %ode . This %ode shall be
supplementary to such laws/ unless the latter should specially pro(ide the contrary.
$eason1
For 'rincipal/ Ce is only su+:ect to penalties pro(ided in the !A 3619 or the special la$ +ecause the special
la$ do not pro(ide for a scale of penalties for a penalty one or t$o de-rees lo$er than that pro(ided for the
consummated sta-e.
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RP) !rticle &% is not applicable to punish an !))*+P#,)E under the special la. Althou-h +y Article 16
of the !'3/ its pro(isions may +e applied to offenses punished +y special la$s in a supplementary manner/ the
pertinent pro(isions thereof on accomplices simply cannot +e -i(en effect in the case at +ar. To +e a+le to do
so/ the rules on -raduation of penalties must +e resorted to. Thus/ Article 2/ thereof prescri+es for the
accomplice in a consummated offense a penalty one de-ree lo$er than that prescri+ed for the principal
therein. Article 6 $hich pro(ides for the rules for the application of of penalties $ith three periods/ cannot +e
applied to offenses punisha+le under special la$s.
Decision of the -udge to ac(uit the accused because there is no la yet
punishing the crime committed
'ara-raph 1 Article 7 of !'3 pro(ides that 1$hene(er a court has .no$led-e of any act $hich it may deem
proper to repress and $hich is not punisha+le +y la$/ it shall render the proper decision and shall report to the
3hief E#ecuti(e/ throu-h the G)A/ the reason $hich induce the court to +elie(e that said act should +e made
the su+:ect of penal le-islation2.
The +asis of the a+o(e mentioned para-raph is that +ased on the le-al ma#im 6nullum crimen nulla poena
sine le0e7 that is/ that there is no crime if there is no la$ that punishes the act.
)ne characteristic of criminal la$ is prospective. 'rospecti(e/ in that a penal la$ cannot ma.e an act
punisha+le in a manner in $hich it $as not punisha+le in a manner in $hich it $as not punisha+le $hen
committed.
As pro(ided in Article 366 of the !'3/ crimes are punished under the la$s in force at the time of their
commission.
Article 21 states that 'enalties that may +e imposed ?o felony shall +e punisha+le +y any penalty not
prescri+ed +y la$ prior to its commission
@hen the crime is punished +y a special la$/ as a rule/ intent to commit the crime is not necessary.
"colding of the -udge: 8t is normal for a :ud-e to scold the accused as a form of reprimand/ as is the common
practice in courts/ +ut such scoldin- is not a form of a penalty. &5eyel ans$er *
?o felony is committed $hen the act or omission is not punisha+le +y the !'3 and $hen the act is co(ered +y
any of :ustifyin- circumstances enumerated in Article 11.
!rgument on )riminal )ase hether guilty or not
3ounsel 0 The felony is not the pro#imate cause of the resultin- in:ury $hen
1. There is an acti(e force that inter(ened +et$een the felony committed and the resultin- in:ury/ and the acti(e
force is distinct act or fact a+solutely forei-n from the felonious act act of the accused
2. The resultin- in:ury is due to the intentional act of the (ictim.
8n the case of >, (s 4onasterial/ it $as held that persons $ho are responsi+le for an act constitutin- a crime
are also lia+le for all conse"uences arisin- therefrom and inherent therein/ other than those due to incidents
entirely forei-n to the act e#ecuted/ or $hich ori-inate throu-h the fault or carelessness of the in:ured person
$hich are e#ceptions to the rule not arisin- in the present case.
Aud-e rendition as -uilty to the accused
Art 'ara-raph 1 pro(ides criminal lia+ility shall +e incurred +y any person committin- felony &delito* althou-h
the $ron-ful act done +e different from that $hich he intended.
$ationale of $ule in para0raph 1 of Article &
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0The Goctrine 1el que es causa de la causa es causa del mal causando& he who is the cause of the cause is
the cause of the e"il caused!. People "s 'ral!
*ne Re(uisites of Paragraph & !rticle . /8n order that a person may +e held lia+le for a felony different from
that $hich he intended to commit.
That the $ron- done to a--rie(ed party +e direct/ natural and lo-ical conse"uence of the felony
committed +y the offender.&>, (s Bros+t* &>, (s 4allari* &People vs "alinas* althou-h:
e. The offended party refused to su+mit to sur-ical operation.
The offended party is not o+li-ed to su+mit to a sur-ical operation to relie(e the accused from the natural and
ordinary results of his crime. &>, (s 4arasi-an*. not efficient inter!enin0 causes #?e-lect of the (ictim or
third person/ such as the refusal +y the in:ured party of medical attendance or sur-ical operation/ or the failure
of the doctor to -i(e anti0tetanus in:ection to the in:ured person*.
Those causes/ not +ein- efficient inter(enin- causes/ do not +rea. the relation of cause and effect 0 the felony
committed resultin- in:ury.
The felony committed must +e the pro#imate cause of resultin- in:ury.
Proximate Cause is 1that cause/ $hich/ in natural and continuous se"uence/ un+ro.en +y any efficient
inter(enin- cause/ produces the in:ury/ and $ithout $hich the result $ould ha(e occurred2. &Bataclan (s
4edina*
Determining hether !ttempted Felony
Article 6 para-raph 3 defines attempted felony that there is an attempt $hen the offender commences
the commission of a felony directly +y o(ert acts/ and does not perform all the acts of e#ecution $hich
should produce the felony +y reason of some cause or accident other than his o$n spontaneous
desistance.
Benerally/ attempted felony is punisha+le under !'3.
8n attempted or frustrated/ the e(il intent of the offender is not accomplished. 8n attempted or frustrated felony
the e(il intent of the offender is possible of accomplishment. 8n attempted or frustrated felony/ $hat pre(ented
its accomplishment is the inter(ention of certain cause or accident in $hich the offender had no part.
8n determinin- $hether the felony is only attempted
1. the nature of the offense
2. the elements constitutin- the felony
3. the manner of committin- the same/ must +e considered.
Determining the 0heft as consummated
Consummated %heft under Espiritu Case
8n theft/ the crime is consummated $hen the thief is a+le to ta.e or -et hold of the thin- +elon-in- to another/
e(en if he is not a+le to carry it a$ay. &'eople (s Espiritu*
The accused remo(ed from the pile 9 pieces of hospital linen and too. them to their truc. $here they found +y
a corporal of the 4' -uards $hen they tried to pass throu-h the chec. point. 8t $as held that the crime
committed $as consummated theft.
Actual ta.in- $ith intent to -ain of personal property/ +elon-in- to another/ $ithout the latter%s consent/ is
sufficient to constitute consummated theft. 8t is not necessary that the offender carries a$ay or appropriates
the property ta.en.
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'ara-raph 2 Article 6 defines consummated felony as $hen all the elements necessary for its e#ecution and
accomplishment are present.
-rustrated %heft under *ino Case
8n Gino 3ase/ it $as held that the crime committed is that of frustrated theft/ +ecause the fact determinati(e of
consummation in the crime of theft is the a+ility of the offender to dispose freely of the articles stolen/ e(en if it
$ere more or less momentarily. The 3A follo$ed the opinion of Hiada in this case.
8t $as held that the crime committed $as frustrated theft/ +ecause of the timely disco(ery of the +o#es on the
truc. +efore it could pass out of the chec. point. &'eople (s Gino*
Penalties imposed by $PC 5ala in 'e and 5ala Prohibita #Article 8.
+ala in "e @ron-ful from their nature such as theft/ rape/ homicide
Those serious in their effects on society as to call for almost unanimous condemnation of its mem+ers
8ntent -o(erns
!efers -enerally to felonies defined and penali=ed +y the !'3. @hen the acts are inherently immoral/ they are
mala in se/ e(en punished +y special la$s.
@hen the acts inherently immoral/ they are mala in se/ e(en if punished under special la$.
People !s 'unico #By 4ud0e.
0The acts of the accused cannot +e merely mala prohi+ita they are mala per se. The omission or failure to
include a (oters name in the re-istry list of (oters is not only $ron- +ecause it is prohi+ited; it is $ron- per se
+ecause it disenfranchises a (oter and (iolates one of his fundamental ri-hts. Cence/ for such act to +e
punisha+le/ it must +e sho$n that it has +een committed $ith malice. There is no clear sho$in- in the instant
case that the accused intentionally/ $ilfully and maliciously omitted or failed to include in the re-istry list of
(oters the names of those (oters. They cannot +e punished criminally.
The !e(ised Election 3ode/ as far as its penal pro(isions are concerned/ is a special la$/ it +ein- not a part of
the !'3 or its amendments.
+ala Prohibita @ron- merely +ecause prohi+ited +y statute such as ille-al possession of firearms
3rimes are (iolations of mere rules of con(enience desi-ned to secure a more orderly re-ulation of the affairs
of society.
The in"uiry is/ has the la$ +een (iolatedI
!efers -enerally to acts made criminal +y special la$s.
)riminally #iable based on !rticle .
A person is criminally lia+le +ased on the pro(isions of Article para-raph 1 states that 13riminal ;ia+ility shall
+e incurred +y any person committin- a felony althou-h the $ron-ful act done +e different fom that $hich he
intended. An offender ha(in- performed an act constitutin- a felony/ he is responsi+le for all the conse"uence
of said act/ re-ardless of his intention &'eople (s 4ario 4ariano*. )ne is not relie(ed from criminal lia+ility for
the natural conse"uence of one%s ille-al acts/ merely +ecause one does not intend to produce such
conse"uences. &>, (s Bro+st*
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