CRIMINAL LAW

FOUNDATION OF CRIMINAL LAW

Definition: branch or division of law which

defines crimes, treats of their nature, and provides for
their punishment.

Criminal law is binding on all persons who live

or sojourn in Phil. Territory
15 Exceptions: sovereign and other chiefs of state,
ambassadors; ministers plenipotentiary,
ministers resident and charges d affaires
PRINCIPLE OF TERRITORIALITY
15 ART. 2
o

CRIME- an act committed or omitted in

violation of a public law forbidding or commanding
it
3
Sources of Philippine Criminal Law
o RPC and its amendments

checked by the application of

abstract principles of law and
jurisprudence nor by the
imposition of a punishment
PRINCIPLES OF GENERALITY

Special Penal Laws passed by the Phil.

Commission, Phil. Assembly Philippine
Legislature, National Assembly, the
Congress of the Philippines, and the
Batasang Pambansa

Criminal laws undertake to punish crimes

committed within Philippine territory
15 Exceptions to the territorial application:
Article 2 of RPC which is the extraterritoriality
1
o

Penal Presidential Decrees issued

during Martial Law
THEORIES OF CRIMINAL LAW
o Art. 1 states the effectivity date of RPC
which is on Jan 1,
1932
1
15 2 theories
Classical
o

Shouldship
commit
an offense while on a
Philippine
or airship

Should
forge note
or of
counterfeit
any
coin
or currency
the Philippine
islands
or the
obligations
and
securities
issued
by
Government
of
the
Phil.
Islands

Should
be liable for
acts
connected
with
introduction
these
islands
of
thethe
obligations
andinto
securities
mentioned
in the preceding
number
4

While being
a public
officers
or
employees,
should
commit
an offense
in the
exercise of their
functions

basisfree
of criminal
liability
is
human
willisand
the purpose
of the penalty
retribution

5against
Should
commit
any and
of the
crimes
National
security
the law
of

nations

man is essentially
a moral
creature
an absolutely
free
to choosewith
between
good and
evilwill

Crimes under Art. 2 is cognizable by the RTC

15 Continuing offense on board a foreign vessel

has endeavored
to establish
a
mechanical
andand
direct
proportion
between crime
penalty

Start of the crime= foreign

then
continuation=
2 territory
entered
Phil.
Waters on board of a foreign
A
crime into
which
occurred
vessel

there is a scant regard to

the human element
Positivist

15 RULES

AS TO JURIDICTION OVER
CRIMES COMMITTED ABOARD FOREIGN
MERCHANT VESSELS

Man
is subdued
occasionally
by
a
strange
and
morbid
phenomenon
which
constrains
him to do wrong

2be
Crime
isand
essentiallyand
a social
and
natural
phenomenon,
it cannot
treated
affects the peace and security of the
territory or the safety of the state is
1endangered
ENGLISH
RULEsuch
crimes
are or
triable
in
that
country
unless
merely
affect
things
within
thethey
vessel
they
refer
to the
internal
management
thereof.
1

Philippines observe this rule

1their
FRENCH
NOT
TRIABLE
in theRULEcourts such
of thatcrimes
countryare
unless
commission
2

PRINCIPLE OF PROSPECTIVE
15 A penal law cannot make an act punishable in
a manner in which it was not punishable when
committed

Exception:
whenever
a new conditions
statute
dealing
with crime
establishes
more
or retroactive
favorable
to
the accused,
it can lenient
be given
effect

15 ART.22 states the retroactive effect in penal

laws as long as it is favorable to the accused

who1
is not habitual criminal= EXCEPTION
Reason: the
sovereign,
in favorable
enacting
a
subsequent
penal
law more
to
the accused,
has
recognized
that
greater
severity
of
the
former
law
is the
unjust.

1where
Exception
to law
the is exception:
the new
expressly
made inapplicable
p ending
actions
or existing causes of action; where

the offender is a habitual criminal

15 Different
1 effects of repeal on penal law

REPEAL
LAW-PENALTY
LIGHTER
NEW
LAW= APPLYING
THE NEW
LAW IN THE

NEW
LAW*HEAVIER
PENALTY
IN
FORCE
AT THE TIME
OF =LAW
THE
COMMISSION
BE APPLIED OF THE OFFENSE SHALL
3OBLITERATED
NEW LAW
TOTALLY
REPEALS
THE
EXISTING
LAW=ACT
WHICH
WAS
PENALIZED
UNDE
OLD
LAWCRIME
IS
NO
LONGER
PUNISHABLE,
THE
IS
o

ART. 21, ART. 22

Art. 21 prohibits the government from

punishing any person for any felony with any
penalty which has not been prescribed by the
law

But if the
is habitual
delinquent
heaccused
is not entitled
to new
the
benefit
of statute
the
provisions
of the
favorable
1
rd deemed
Aperiod
person
shall
be
to
be
habitual
delinquent
ifof
within
the
10
from
date
of
his
release
last
conviction
of
the
crime
serious
or
less
serious
physical
injuries,
robbery,
theft,
estafa,
or
falsification,
he
is
found
guilty
of
any
said
crimes
ayears
3or
time
orthe
oftener.
2
LEGALITTY
15 Art. 5
15 The 1
st
paragraph of Art. 5 in connection with acts which
acts should be repressed but which are not
covered by 1
the law requires the following:
2

In that case,
the by
court
must render
the
decision
caseproper
and acquitting
thedismissing
accused the

punished by the State if at the time it was

committed there was no law prohibiting it,
because law cannot be rationally obeyed
UNLESS it is first shown and a man cannot be
expected to obey an order that has not been
given

4to
TheChief
judge
must then
make
report
the
thru
the
Secretary
of Executive,
Justice,
stating
thea reasons

which
induce
to the
believe
thatofthe
said
act
should
be him
made
subject
penal
legislation

Basis: The legal maxim nullum crimen,

nulla poena sine lege

15 The 2nd paragraph of Art 5 in cases of

excessive penalties requires that:

1

The court after trial finds the accused

guilty

2. There is no injury or the injury

Even if theoffender,
injured party already
pardoned
prosecute the
the offender the fiscal can still
1
Reason:against
a crime
is
an offense
the committed
state
2

caused is lesser gravity

The court
should not
execution
of the sentence

suspend

the

The
judge
should
submit
a
statement
to the
Chief
Executive
thru
the
Secretary
of Justice,
recommending
executive
clemency
AUTHORITY TO PUNISH
State has the authority, under its police
power, to define and punish crimes and to
lay down the rules of criminal procedure
15 ART. 23: pardon by the offended party
o

But
act the court deems it proper to repress such

15 REASON: An act or omission cannot be

The
penalty
provided
by
law which
the
court
imposes
crime
committed
appearsfor
tothe
be clearly
excessive, because
1. The accused acted with lesser
degree of malice and or

Act committed
by by
the
appears
not punishable
anyaccused
law

Exception: As provided in Art. 344

VIS--VIS SPECIAL PENAL LAWS

15 Offenses punishable under special laws are not
subject to
the provisions of RPC
15 The RPC will be only supplementary to such
laws
VIS--VIS OTHER BODIES OF LAW

15 BOR of 1987 Constitution imposes the

limitations on enacting penal legislation
1

No exshall
post
facto law or bill of
attainder
be enacted

That there must be an act or omission

15 That the act or omission must be punishable
by the RPC
o

2criminal
No person
shall
be held
for a
offense
without
dueanswer
process
CRIMINAL LIABILITY

15 That the act is performed or the omission

ELEMENTS OF A FELONY

1 by means of dolo or culpa

incurred
Act- any
bodily
movement
tending
to
produce
some
effect
in the
external
world,
it actually
being
unnecessary
that
the
same
be
produced,
as
the
possibility of its production is sufficient
2

Omissionmeant
inaction,
thewhich
failure
to perform
a positive
duty
a positive
1 duty which one is bound to do
Examples:
failure
to
render
assistance
toinany
person
whom he
finds
in anoruninhabited
wounded
danger
ofplace
dying
2

Punishable by law

Punishable by law

Based
upon
the
maxim:
crimen,
nulla
sine
lege,
there
is no
crime
there
isthat
nonullum
law
punishing
itwhen
CLASSIFICATION OF FELONIES
15 Definition: acts and omission punishable by
law are felonies
15 Felonies are committed by Dolo or Culpa

15 There is dolo when the act is performed with

deliberate intent
15 There is culpa when the wrongful act results
from imprudence, negligence, lack of
foresight or lack of skill
INTENTIONAL AND CULPABLE FELONIES
15 INTENTIONAL
FELONIES
V
CULPABLE
FELONIES
1
INTENTIONALthe act or omission of the
offender
is malicious.

1- the act is performed with

deliberate intent with malice

2- the offender in performing

the act or in incurring the
omission has the intention
to cause an injury to
another
another act performed without malice

CULPABLE- the act or omission of the offender

is not malicious

Injury caused by the offender to

another person is unintentional,
it being simply the incident of

The wrongful act results from the

imprudence, negligence, lack of
foresight, lack of skill
15 Felonies committed by means of dolo or with
malice
1
Dolus- equivalent to malice, which is the intent to

do an injury to another

failing to do an act from which material

injury results
15 REQUISITES
OF DOLO OR MALICE
1

2injury
The
offender,
in performing
an act
or an
in
incurring
an omission,
has the intention
to do
to the
person, property or right of another, such
offender acts with malice.
15 Felonies committed by means of fault or
1
culpa
Performed
without
malice,
but
at the
same
time
punishable,
though
lesser
degree
and
with
an
equal
result,
anas
intermediate
actnegligence
which
the
RPC
qualifies
imprudence
or
2

must have
INTELLIGENCE
while doing the
act He
or omitting
to do
an act

must have
INTENT
act He
or omitting
to do
an actwhile doing the

Imprudence indicates a deficiency of action

1

must have
FREEDOM
act He
or omitting
to do
an act while doing an

Freedom:
when aheperson
acts
without
a freedom,
human being
but a toolis no longer a

Involves lack of skill

Intelligence:
without this morality
power,
necessary
to determine
of human acts,
no crimethe
can exist

Negligence indicates a deficiency of perception

Involves lack of foresight

15 REASONS WHY THE ACT OR OMISSION IN

1
FELONIES
MUST BE VOLUNTARY
RPC continues
to be based
the the
Classical
Theory ,liability
according
to on
which
basis of criminal
is human
free will
2
Acts or omissions
punished by law are
always
rationaldeemed
being voluntary, since man is a

3withIndeliberate
felonies byintent
dolo,which
the act
is performed
much
necessarily
be voluntary
and in be
felonies by
culpa,
the imprudence
voluntarily,
but withoutconsists
malice doing
or

Intent:
intent
to commit
acct with
malice,
being
purely
aand
mental
process,
is presumed
theproof of
presumption
arises
from
the
the commission of an unlawful act
1- 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
MISTAKE OF FACT
15 Ignorance or mistake of fact relieves the accused
from
criminal liability
o Ignorantia facti excusat
DEFINITION: a misapprehension of fact on the
part of the person who caused injury to another
15 REQUISITES AS A DEFENSE:
1

Act done would have been lawful had the

facts
be been as the accused believed them to

accused in performing
the Intention
act shouldofbethe
lawful

3carelessness
Mistake must
fault or
on thebe
partwithout
of the accused
15 2nd 1
requisite: Ah Chong case v Oanis case

Ah Chong
case, there
is an
innocent
mistake
of fact
fault
or
carelessness
onwithout
the
partany
of
the
accused,
because,
having
no
time
or
opportunity
to
make
any
further
inquiry,
and
pressed
by circumstances to act being
immediately.

1st requisite: US V Ah Chong

1

He
must doinghave
FREEDOM
while
an
act or omitting
to do an act

He
must doinghave
INTELLIGENCE
act or omitting while
to do the actthe

Oanis
case,
the accused
found
no
circumstances
whatever
which
would
press
them
to immediate
action
MALUM IN SE AND MALUM PROHIBITUM,
INTENT AND MOTIVE
15 REQUISITES OF CULPA

He
is
IMPRUDENT,
NEGLIGENT while doing the act
or omitting to doo the act

1
15 3 classes
of crimes:
Intentional felonies
2

1- Not an essential element of

a crime and hence, need

not be proved for purposes
of conviction

Culpable felonies

Special laws

1 IN SE V MALA PROHIBITA
15 MALA
Mala in se or wrongful from their nature
1- Serious in their effects on

Intentthe purpose
to use a particular
means
to effect
such result

MOTICE,
WHEN NOT
REVELANT
AND
WHEN NEED
TO BE
ESTABLISHED

1- Where the identity of a

society as to call for almost

unanimous condemnation of
its members

person
accused
having
committed
crime is in dispute

of
a

2- Motive is essential only

Mala prohibita
or wrong merely because
prohibited
by statute

when there is doubt as to

the identity of the assailant

1- Violations of mere rules of

convenience designed to
secure a
more orderly regulation
of the affairs of society
15 INTENT V MOTIVE

3- Motive

is important in
ascertaining
the
truth
between two antagonistic
theories or versions of the
killing

1to action
Motivepower
which impels one
formoving
a definite
result

4- Where the identification of

the accused proceeds from
an unreliable source and the
testimony is inconclusive
and not free from doubt,
evidence of motive is
necessary

5- Where there are no

eyewitnesses to the crime,
and where suspicion is likely
to fall upon a number of
persons

6- If the evidence is
merely
circumstantial

HOW MOTIVE IS PROVED

1- Established by the testimony

of witnesses on the acts or
statements of the accused
before or immediately after
the commission of the
offense

 UNINTENDED FELONIES

There must be a relation of cause and effect

o ART. 4, PARAGRAPH 1: by any persons committing a felony

The cause being the felonious act of the
although the wrongful act done be different from that offended

which he intended
The effect being the resultant injuries and
o A person committing a felony is criminally liable although
or death of the victim

the consequences of his felonious act are not intended by

The relationship is not altered or changed
him
because of the pre-existing conditions

o RATIONALE: el que es causa de la causa es causa del mal

The felony committed is not the proximate cause of
causado: he who is the cause of the cause is the cause of
the resulting injury when:

the evil caused. (proximate cause)

There is an active force that intervened
o although the wrongful act done be different from that between the felony committed and the
which he intended
resulting injury, and the active force is a
Mistake in the identity of the victim (error in
distinct act or fact absolutely foreign from
personae)
the felonious act of the accused
People v Guillen The resulting injury is due to the intentional

Mistake in the blow (aberration ictus)

act of the victim

When the offender intending to do an

When death is presumed to be the natural
injury to one person actually inflicts it on consequences of physical injuries inflicted:
another

That the victim at the time the physical

People v Sabalones
injuries were inflicted was in normal health
The injurious result is greater than the intended That the death may be expected from the
(praeter intentionem)
physical injuries inflicted
Act exceeds the intent That death ensued within reasonable time

REQUISITES: o

IMPOSSIBLE CRIMES
ART. 4, PARAGRAPH 2: By any person performing an act

People v Albuquerque

That an intentional felony has been committed

which would be an offense against persons or property,

were it not for the inherent impossibility of its

direct, natural, and logical consequences of the accomplishment or on account of the employment of
felony committed by the offender inadequate or ineffectual means
A person is criminally responsible for acts committed by
o REQUISITES:

him in violation of the law and for all the natural and
Act performed would be an offense against
logical consequences resulting therefrom persons/ property

PROXIMATE CAUSE- that cause, which, in natural and

Act was done with evil intent

continuous sequence, unbroken by any efficient Accomplishment is inherently impossible or that

intervening cause, produces the injury, and without which
means employed is either inadequate or ineffectual
the result would not have occurred Act performed should not constitute a violation of
That the wrong done to the aggrieved party to be

VDA DE BATACLAN V MEDINA

another provision of RPC
15 PURPOSE: to suppress criminal propensity
1
They constitute only one crime in the
eyes of the law as well as in the
or criminal tendencies.
conscience of the offender
CONSPIRACY AND PROPOSAL
1 of complex crime:
15 2 kinds
15 ART. 8
When
a single act constitutes two or more
grave
CRIME) or less grave felonies (COMPOUND
15 IN PROPOSAL,
1
GENERAL
RULE:
and proposal
to commit
felony
are conspiracy
not punishable

Exception:
punishable
only
in they
theprovides
casesare
in
which
the
law
specially
a
penalty
therefor
1- REASON: Conspiracy and
proposal to commit a crime
are only preparatory acts
and the law regards them as
innocent or at least
permissible
15 CRISTCOUP
D
ETAT,
REBELLION,
INSURRECTION,
SEDITION, TREASON
15 REQUISITES OF CONSPIRACY:
1

That
two or
agreement

2
3

more

persons

That the
commission
of aagreement
felony

came

to

concerned

an

the

That the execution of the felony be decided

upon

15 REQUISITES OF PROPOSAL:
1

That a person has decided to commit a felony

That
he person
proposes
its execution to
some
other
or persons
1
THERE
WHEN:

IS

NO

CRIMINAL

not determined to commit

the felony

is

no
and

1
15 REQUISITES
COMPOUND
CRIME:
That onlyOF
a single
act is performed
by the offender
2

That the single act produces:

1

2
3

decided,
formal

concrete
proposal
3- It is not the execution of a
felony that is proposed
COMPLEX CRIMES
15 ART. 48 requires the commission of at least two
crimes
o A COMPLEX CRIME IS ONLY ONE CRIME

Two or more grave felonies or

One orfelonies
more grave
and one or less
grave
or
Two or more less grave felonies

1- PEOPLE V GUILLEN
2- Example: Single act of firing

a shot, the same bullet

causing the death of two
persons who were standing
the same line of the
direction of the bullet
15 When in obedience to an order several accused
simultaneously shot many persons, without
evidence how many each killed, there is only a
single offense, there being
a single criminal impulse- LAWAS CASE
15 REQUISITES OF COMPLEX CRIME PROPER
1

That at least two offenses are committed

That
one to
or commit
some the
of the
necessary
otheroffenses must be

PROPOSAL

1- The person who proposes is

2- There

2PROPER)
When anthe
offense
a necessary
means for
committing
other.is(COMPLEX
CRIME

That both or all the offenses must be

punished under the same statute

15 NO 1
COMPLEX CRIME:

Where one of the offense is penalized by

a special law

When
two not
ormeans
are
committed
but
by more
a single
act or one
is not
a necessary
forcrimes
committing
the
other

Rebellion with murder, arson, robbery,

or other common crimes

1the

It is mere
ingredients as
of
of or
rebellion,
meanscrime
necessary
the

perpetration of the offense

o When two crimes produced by a single act
are respectively within the exclusive
jurisdiction of two courts of different
jurisdiction, the court of higher jurisdiction
shall try the complex crime
15 ARTICLE 48 IS INTENDED TO FAVOR THE
CULPRIT
1
When two or more crimes are
result of a single act, the offender is
deemed less perverse than when he
commits said crimes through separate
and distinct acts

15 The penalty for complex crime is the

penalty for the most serious crime, the

same to be applied in its maximum
period
15 Plurality of crimes- consists in the
successive execution by the same individual
of different criminal acts upon any of which
1
no conviction
Kinds: has yet been declared
1
2
2

Formal or ideal plurality (ART. 48)

Real or material plurality

Diff. actus
1. reus
Special
2. penalseparately
punished

1. Compound

1. Light felonies

crime, actus
reus= 2 or
more
grave/less
grave
felonies

1st offense
3. is
not
necessary
to commit
2nd

2. Complex

2. Qualifying
circumstance
s/

crime
necessary
=

offense

facilitate/
useful

st
4. 1 offense
consummate
d,
succeeding
offenses are
separate

3. Special
complex
crimes

are absorbed

aggravating
circumstance
s
absorbed
Component
4. or
indispensabl
e
crime

PLURALITY OF CRIMES V RECIDIVISM

RECIDIVISMTHEREOR
MUST
BE
CONVICTION
BY FIRST
FINAL
JUDGMENT
OF THE
PRIOR
OFFENSE
OF CRIMESTHERE
IS
NOCRIMES
CONVICTION
OF
ANY
OFPLURLITY
THE
COMMITTED

1
15 CONTINUED
CRIMES

2
3

Single crime, consisting of a series of acts

2but all arising from one criminal resolution

3 GROUPS

When
the offender
any
of
the
complex
crimescommits
defined in
Article
48 of
RPC

When
theora
law
specifically
fixes
single
penalty
two
more
offensesfor
committed

1
2

Ideal/Formal
Plurality

Special Cases

The
offender
commences
the acts
commission
of
the
felony directly
by overt
He
does not
perform
all produce
the acts the
of felony
execution
which
should

CONTINUED CRIME IS NOT A COMPLEX CRIME

STAGES OF EXECUTION OF FELONIES

15 ART. 6
15 DEVELOPMENT OF CRIME
1

3commitsWhen
the
continued
crimesoffender
Real/ Material
Plurality of
Crimes

Examples:
acrime,
thief
who
takes
from
the
yard
of
house
two
game
roosters
belonging
to
different
persons
commits
only
one
for
the
that
there
isaatwo
unity
of thought
inreason
the
criminal
purpose
of
the
offender

INTERNAL
ACTS- mere ideas in the mind of a
person

EXTERNAL ACTS- covers preparatory

acts and acts of execution

1
15 Attempted
felony
Offender
the
commission
of
acommences
felony
directly
overt
acts,
and
does
perform
all
the
acts
execution
which
should
produce
the
felony
by not
reason
ofby
some
cause
or
accident
other
than
his
own
spontaneous
desistance
3

ELEMENTS:

The
offenders
act is
spontaneous
desistance

not

stopped

by

his

own

which, nevertheless do not produce it

by reason of causes independent of the
1 will of the perpetrator
ELEMENTS:

The nonperformance
of allor
acts
of
execution
was
duehis
to cause
accident
other
than
spontaneous
desistance

successfully:
1

That there be external acts

Suchthe
external
have to
direct
connection
with
crime acts
intended
be committed

OVERT
ACTSsome
physical
activity
or
deed,
indicating
the intention
to
commit
a
particular
crime,
more
than
a ifmere
planning
or
preparation,
which
carried
to
its
complete
termination
following
its
natural
course,
without
being
frustrated
by
external
obstacles
nor by the
voluntary
desistance
of
the
perpetrator,
will
logically
and
necessarily
ripen
into
a
concrete offense

4
2

felony as a consequence
But the felony is not produced

By
reason
of causes independent of the will
of the
perpetrator

There are stage

of execution
wasinflicted
held to be
frustrated
because
the wound
was
mortal

If the actor
does
notof
perform
the acts
of
execution
by
reason
hisDOES
own
spontaneous
desistance,
there
isall
no
attempted
THE LAW
NOT
PUNISH
HIMfelony.

There
are also
stage
of execution
was
held
be
attempted
because
there
was
no
wound
inflicted
or the
wound
inflicted
was to
not
mortal

Ittoisthose
a sort
of reward
granted
byon
law
who
having
one
foot
the
of crime,
heed
thetocall
their
conscience
and
return
theof
pathverge
of
righteousness

The offender performs all the acts of

execution

If the crime is not produced because

the
offender
himself
prevented
its
consummation, there is no frustrated felony.

The
offender
of the
offense never passes the subjective phase

Definition of subjective phase:

beginning of the commission of the
crime to the control over his acts
15 Frustrated felony

Offender performs all the acts of execution

which would produce the felony as a
consequence but

FRUSTRATED V ATTEMPTED

Similarities
1. The offender has not
accomplished his
criminal
purpose

Consummated
when
all
the
elements necessary for its execution and
accomplishment are present

Differences
Frustrated- the
1. offender
has performed all the
acts
of execution
Attempt- does not
performed all the acts
of
execution
2. Frustrated- offender
reaches the objective
phase
Attempted- does not
passed the subjective
phase

o Consummated
felony
15 To determine whether the crime is
only
attempted,
frustrated
or
1
consummated:
Nature of offense

Elements constituting the felony

15 THERE

IS
NO
ATTEMPTED
FRUSTRATED IMPOSSIBLE CRIME

The manner of committing the same

NATURE OF CRIME:
ARSON

CONSUMMATED

FRUSTRATED
the materials have
Even a part of a
set
property is
on fire but no part
destroyed
of
the property began
by fire
to
burn
ESTAFA

ATTEMPTED
About to set the
house

CONSUMMATED
Deceit and
damage on
the victim are
present

ATTEMPTED
No money was
taken

FRUSTRATED
The money taken
has
not been damaged
or
spent

Liable for grave and less grave felonies

Principals

Accessories

apprehended

Liable for light felonies

Principals
Accomplices
Accessories are not liable for light felonies

yet, only deceit is

present

THEFT
Thethief
crime
is
consummated
when
the
able
to
take
or
get
hold
theisthing
to
even
if
he belonging
is not
able
to another,
carry
it of
away
-ADIAO
CASE
AND
DOMINGUEZ CASE
THERE
IS
FRUSTRATED THEFT

NO

CRIME

OF

1
15 MANNER
OF COMMITTING THE CRIME

FORMAL
Consummated in one
instant,
no CRIMESattempt

General
there
can be
no
attempt
at there
aRule:
formal
crime,
because
between
the
thought
and
the
deed
is
no
chain
acts
that
can
be
severed
in
anyof
link

PERSONS CRIMINALLY LIABLE FOR

FELONIES

Accomplices

on fire but

OR

MATERIAL CRIMES- 3 stages

of execution is involved

Reason: in the commission of light felonies, the

social wring as well as the individual prejudice is so small
that penal sanction is deemed not necessary for
accessories
Rules relative to light felonies
General Rule: punishable only when they have been
consummated
Exception: but when light felonies are committed
against persons or property, they are punishable even if
they are only frustrated or attempted
Active and Passive Subject
Active- the criminal
Passive- the injured party
Only natural persons can be active subject of crime
because-

1. The RPC requires that the culprit should

have acted with personal malice or

negligence
2. A juridical person cannot commit a crime in
which a willful purpose or a malicious intent
is required

3. There is substitution of deprivation of liberty

for pecuniary penalties in case of insolvency

of the accused

4. Other penalties consisting in imprisonment and

other deprivation of liberty can be executed only

against individuals

Passive Subject of Crime

-the holder of the injured right: the man, the
juristic person, the group, and the State
PRINCIPALS

1
2
15
15
15

2
15

act

ART. 17
3 kinds of principal
Those who take a direct part in the execution
of the act
Those who directly force or induce others to
commit it
Those who cooperate in the commission
of the offense, by another act without
which it would not have been
accomplished
Illustration of the 3 kinds:
A, by promises of price and reward, induced B
to kill C, who is living in an island. D, the
owner of the motor boat in the place and
knowing the criminal designs, offered to
transport and actually transported B to the
1 Once there, B alone killed C.
island.
A-without
principal
bycommission
directly
B- principal
byindirect
part;
D- induced;
principal
by
cooperate
the
of the
offense
which
it would
not
have
been
accomplished
take a direct part in the execution of the

15 Requisites when 2 or more persons who direct

participate in the commission of the crime:
1

That they participated in the criminal resolution

Thatend
they
carried
out
and
personally
took
part
in their
its plan
execution
by
acts
which
directly
to
the
same
1
nd
2 conspiracy
requisite is
lacking,when
there the
is only
4
directly force or induce others to
commit the act
15 2 ways of becoming a principal by induction:
1

By directly forcing another to commit a crime

1

By using irresistible force

By causing uncontrollable fear

By directly inducing another to commit

a crime
1

By giving price, or offering or promise

By using words of command

15 REQUISITES IN ORDER THAT A PERSON MAY BE

1
CONVICTED
AS A PRINCIPAL BY INDUCEMENT:
That the inducement be made directly with the
intention
of procuring the commission of the
crime

cooperate in the commission of the

offense by another act without which it
would not have been accomplished
15 Meaning of cooperate- to desire or wish in
common a thing
15 REQUISITES:

2crime
That
inducement
be the
determining
of the
commission
of the
bysuch
the cause
material
executor
15 Using Words of command to be a ground for
1 of the person to be principal:
liability
2

One uttering
the wordsthe
of commission
command must
have
intention
of procuring
of the
crime
One who made
the command
must
have an
ascendancy
or influence
over the
person
who
acted

3
4

Wordsorused
must
be as
so to
direct,
so to
efficacious,
so powerful
amount
physical
moral
coercion
Words
of command
the
commission
of themust
crimebe uttered prior to

not collective, and each of the participants is

liable only for the act committed by him
ACCOMPLICES

1
2

ART. 18

Collective criminal responsibility

Quasi- collective criminal responsibility
Individual criminal responsibility
3
In case of doubt, the participation of the
offender will be considered that of an accomplice.
4
REQUISITES:
15 That there be community of design, that is,
knowing the criminal design of the principal
by direct participation, he
concurs with the latter in his purpose
15 That he cooperates in the execution of
the offense by previous or simultaneous
acts, with the intention of supplying
material or moral aid in the execution of
the crime in an efficacious way
15 That there be a relation between the acts
done by the principal and those attributed
to the person charged as accomplice
ACCCESSORIES

Those who, having knowledge of the

Material
executor
of the the
crime
has no
personal reason
to commit
crime

2
3

Participation
in there
the or
criminal
resolution,
that is,
isunity
eitherof
anterior
conspiracy
criminal
purpose
and
intention
immediately
before
the
commission
of
the crime charged
2
Cooperation
the commission
of the
offense
by
performing
another
without
which
it in
would
not haveact,
been
accomplished
COLLECTIVE CRIMINAL RESPONSIBILITY
15 Offenders are criminally liable in the same
manner and to the same extent
INDIVIDUAL CRIMINAL RESPONSIBILITY
15 The criminal responsibility arising from different
acts directed against one and the same person
is individual and
commission of the crime, and
without having participated therein
take part subsequent to its
commission in any of the following
manners:
o By profiting themselves or
assisting the offender to profit
by the effects of the crime
o By concealing or destroying
the body of the crime or
the effects or instruments
thereof, in order to prevent
its discovery
o By harboring, concealing or
assisting the escape of the
principal of the crime,
provided the accessory acts
with abuse of his pubic
functions or whenever the
author of the crime is guilty
of treason, parricide, murder
or an attempt to take the life
of the Chief Executive, or is
known to be habitually guilty
of some other crime
1

PUBLIC OFFICERS

The accessory

1
is a public officer

2
2

He harbors,
conceals,
or
assists
principal in the escape of the
The
acts with abuse
of hispublic
publicofficer
functions
is anyfelony
light
crime, provided it is not a

PRIVATE PERSONS
1

Accessory is a private persons

He
harbors,
conceals
or
assists
escape
of the
author of in
thethe
crime

That the crime committed by the

principal is either:

Treason
Parricide
Murder
An attempt against the life
of the
Chief Executive
That the principal is
known to be habitually
guilty of some other
crime