CRIMINAL LAW

I.
(BOOK I)
General Principles
II. Felonies
III. Penalties
IV. Extinction of Criminal Liability
V. Civil Liability on Criminal Cases
Criminal law is that branch of public substantive law which defines crimes, treats of
their nature, and provides for their punishment.
General Principles
■ Mala in se and mala prohibita

mala in se mala prohibita

As to nature Wrong from its very Wrong because it is
nature. prohibited by law
As to use of good faith GF a valid defense, Good Faith is not a
as defense unless the crime is the defense.
result of culpa
As to WON criminal Criminal intent is an Criminal intent is
intent is an element element. immaterial, BUT still
requires intelligence &
voluntariness
As to degree Degree of The act gives rise to a
accomplishment of crime accomplishment is taken crime only when
into account for the consummated.
punishment.
As to mitigating and
aggravating circumstances
As to degree of participation
They are taken into account in They are not taken into
imposing penalty account.
When there is more than one Degree of participation is
offender, the degree of generally not taken into
participation of each in the account. All who participated
commission is taken into in the act are punished to the
account. same extent.

As to stage of accomplishment Penalty is computed on the Penalty on offenders is same

basis of whether he is a whether they acted as mere
principal offender or merely an accomplices or accessories
accomplice or accessory
As to what laws are violated Generally, the RPC. Generally, special laws.

Note: Dolo is not required in crimes mala prohibita. In those crimes which are
mala prohibita, the act alone irrespective of its motives, constitutes the offense.
Good faith and absence of criminal intent are not valid defenses in crimes mala
prohibita
 Scope of Application and Characteristics of
Criminal Law/
Applicability and effectivity of the RPC

■ 1. GENERALITY (WHO?)
■ 2. TERRITORIALITY (WHERE?)
■ 3. PROSPECTIVITY (WHEN?)
1. Generality

■ General Rule:
■ Art. 14, NCC. The penal law of the country is binding on all persons who live or
sojourn in Philippine territory, subject to the principles of public international law
and to treaty stipulations.
2. Territoriality

■ GENERAL RULE: Penal laws of the country have force and effect only within its
territory.
■ It cannot penalize crimes committed outside its territory. The territory of
the country is not limited to the land where its sovereignty resides but includes
also its maritime and interior waters as well as its atmosphere. (Art. 2, RP
(1) Terrestrial jurisdiction is the jurisdiction exercised over land.
(2) Fluvial jurisdiction is the jurisdiction exercised over maritime and interior
waters.
(3) Aerial jurisdiction is the jurisdiction exercised over the atmosphere.
■ Two rules as to jurisdiction over crimes committed aboard merchant vessels
while in the territorial waters of another country (i.e. a foreign vessel treading
Philippine waters OR Philippine vessels treading foreign waters):
i. FRENCH RULE: It is the flag or nationality of the vessel which determines
jurisdiction UNLESS the crime violates the peace and order of the host country.
ii. ENGLISH RULE: the location or situs of the crime determines jurisdiction
UNLESS the crime merely relates to internal management of the vessel.
■ The Philippines adheres to the ENGLISH RULE.
■ However, these rules are NOT applicable if the vessel is on the high seas when
the crime was committed. In these cases, the laws of the nationality of the ship
will always apply.
■ When the crime is committed in a war vessel of a foreign country, the
nationality of the vessel will always determine jurisdiction because war vessels
are part of the sovereignty of the country to whose naval force they belong.
(1) Extraterritorial crimes, which are punishable even if committed
outside the Philippine territory (Art. 2, RPC)
Art. 2 embraces two scopes of applications:
■ General rule - Intraterritorial refers to the application of the RPC
within the Philippine territory (land, air and water).
■ Exception - Extraterritorial4 refers to the application of the Revised
Penal Code outside the Philippine territory.
■ (a) Par. 1: Crimes committed aboard Philippine ship or airship: The
RPC is applied to Philippine vessels if the crime is committed while
the ship is treading:
i. Philippine waters (intraterritorial), or
ii. The high seas i.e. waters NOT under the jurisdiction of any State
(extraterritorial)
3. Prospectivity

■ GENERAL RULE: Acts or omissions will only be subject to a penal law if they are
committed AFTER a penal law has taken effect.
■ Conversely, acts or omissions which have been committed before the effectivity
of a penal law could not be penalized by such penal law.
■ EXCEPTION: Art. 22 RPC. Penal laws shall have a retroactive effect, insofar as
they favor the person guilty of a felony who is not a habitual criminal, as this
term is defined in Rule 5 of Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced and the convict
is serving the same.
The Doctrine of Pro Reo

■ Pro reo doctrine: Whenever a penal law is to be construed or applied and the
law admits of two interpretations - one lenient to the offender and one strict to
the offender, that interpretation which is lenient or favorable to the offender will
be adopted.
■ Basis: The fundamental rule that all doubts shall be construed in favor of the
accused and presumption of innocence of the accused.
■ Art. III, Sec. 14(2), 1987 Const. In all criminal prosecutions, the accused shall
be presumed innocent until the contrary is proved.
■ Note: This is peculiar only to criminal law.
■ EQUIPOISE RULE: When the evidence of the prosecution and the defense are
equally balanced, the scale should be tilted in favor of the accused in obedience
to the constitutional presumption of innocence.
1. Equal protection Article III, Section 1, 1987 Const. No person shall be deprived
of life, liberty, or property without due process of law, nor shall any person be
denied the equal protection of the laws.
2. Due process Art. III, Sec. 14 (1), 1987 Const. No person shall be held to answer
for a criminal offense without due process of law. Must be general in application.
3. Non-imposition of cruel and unusual punishment or excessive fines Art III, Sec.
19, 1987 Const. Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to reclusion perpetua.
■ a. Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346)
Republic Act 9346 An Act Prohibiting the Imposition of the Death Penalty.
■ Repealed the law imposing lethal injection (R.A. 8177) and the law imposing the
death penalty (R.A. 7659) (Sec. 1).
■ This Act also imposes the punishment of reclusion perpetua for offenses under
any act using the nomenclature of the RPC (Sec. 2 (a)) and the punishment of
life imprisonment for offenses under any act which does not use the
nomenclature of the RPC (Sec. 2(b))
4. Bill of attainder Art III, Sec. 22, 1987 Const. No ex post facto law or bill of attainder
shall be enacted.
■ Bill of attainder - a legislative act that inflicts punishment without trial, its essence
being the substitution of legislative fiat for a judicial determination of guilt.
5. Ex post facto law Art III, Sec. 22, 1987 Const. No ex post facto law or bill of
attainder shall be enacted.
■ Ex post facto law is one which:
(1) Makes criminal an act done before the passage of the law and which was innocent
when done, and punishes such an act.
(2) Aggravates a crime, or makes it greater than it was, when committed;
(3) Changes the punishment and inflicts a greater punishment than the law annexed
to the crime when committed;
(4) Alters the legal rules of evidence, and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense;
(5) Assumes to regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful; and
(6) Deprives a person accused of a crime some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal, or a
proclamation of amnesty. (Reyes, The Revised Penal Code citing In re: Kay Villegas
Kami, Inc.)
■ Other constitutional limitations Must not provide imprisonment for non-
payment of debts or poll tax. [1987 Const. Art. III, Sec. 19 (1)] Must not
restrict other constitutional freedoms, e.g. due process, religion, free speech,
and assembly.

■ Basic Maxims in Criminal Law

a. Actus Non Facit Reum, Nisi Mens Sit Rea ―The act cannot be criminal where the
mind is not criminal.‖
b. Actus Me Invito Factus Non Est Meus Actus ―An act done by me against my will
is not my act.‖
c. 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.‖
This is the rationale in par. 1 of Art. 4 which enunciates the doctrine of proximate cause.
He who commits an intentional felony is responsible for all the consequences which may naturally and
logically result therefrom, whether foreseen or intended or not.
 FELONIES

■ Felony: refers only to violations of the Revised Penal Code. A crime punishable
under a special law is not referred to as a felony. ―Crime‖ or ―offense‖ are the
proper terms.
■ Offense: A crime punished under a special law is called a statutory offense.
■ Misdemeanor: A minor infraction of the law, such as a violation of an ordinance.
■ Crime: Whether the wrongdoing is punished under the Revised Penal Code or under
a special law, the generic word ―crime‖ can be used.
Felonies: How Committed?
■ Art. 3. Definitions (RPC) — Acts and 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; and there is fault
when the wrongful act results from imprudence, negligence, lack of foresight, or lack
of skill.
Intentional Culpable
Act is malicious. Not malicious.
With deliberate intent. Injury caused is unintentional, being
just an incident of another act
performed without malice.
Has intention to cause an injury.. Wrongful act results from imprudence,
negligence, lack of foresight, or lack of
skill
How is Criminal Liability Incurred?
■ Art. 3 describes the manner of incurring criminal liability under the Revised Penal
Code.
■ Intentional felony v. Culpable Felony. – It means performing or failing to do an act,
when either is punished by law, by means of deceit (with dolo) or fault (with culpa)
■ It is important to note that if the criminal liability arises from an omission, such as
misprision of treason or abandonment of helpless persons, there must be a law
requiring the performance of such act.
■ In Par. 1 of Art. 4, the law uses the word ―felony,‖ that whoever commits a felony
incurs criminal liability.
■ Par. 2 of Art. 4 makes a person liable even if the accomplishment of his crime is
inherently impossible.
■ Art. 6 also provides for liability for the incomplete elements of a crime.
■ There are certain felonies committed by conspiring in or proposing the commission
of certain acts, the principle behind this can be found in Art. 8.
Requisites of Dolo or Malice
(1) He must have FREEDOM while doing an act or omitting to do an act.
(2) He must have INTELLIGENCE while doing/omitting an act.
(3) He must have INTENT while doing/omitting the act.
(a) Intent which is a mental process presupposes the exercise of freedom and
the use of intelligence.
(b) If an act is proven to be unlawful, then intent will be presumed prima facie.
(U.S. v. Apostol)
(c) An honest mistake of fact destroys the presumption of criminal intent which
arises from the commission of a felonious act. (People v. Oanis)
General v. Specific Intent
In some particular felonies, proof of specific intent is required. In certain crimes against
property, there must be intent to gain (Art. 293 – robbery, Art 308 – theft). Intent to kill
is essential in attempted and frustrated homicide (Art 6 in relation to Art 249), as well
as in murder. In forcible abduction (Art. 342), specific intent of lewd designs must be
proved.
■ Requisites of Culpa
(1) He must have FREEDOM while doing/omitting to do an act
(2) He must have INTELLIGENCE while doing the act/omitting to do an act
(3) He is IMPRUDENT, NEGLIGENT, or LACKS FORESIGHT or SKILL while doing the
act/omitting to do an act.
■ GENERAL RULE: The offender is CRIMINALLY LIABLE for ALL the natural and logical
consequences of his felonious act, although not intended, if the felonious act is the
proximate cause of the resulting harm.
■ Thus, the person is still criminally liable although the wrongful act done be different
from that which he intended in the following cases:
■ (1) Error in personae - mistake in the identity of the victim; injuring one person
mistaken for another (Art. 49 – penalty for lesser crime in its maximum period) (a) At
least two subjects (b) A has intent to kill B, but kills C (c) Under Art. 3, if A hits C, he
should have no criminal liability. But because of Art. 4, his act is a felony.
■ (2) Aberratio ictus - mistake in the blow; when offender intending to do an injury to
one person actually inflicts it on another (Art. 48 on complex crimes – penalty for
graver offense in its maximum period) (a) There is only one subject. (b) The intended
subject is a different subject, but the felony is still the same.
■ (3) Praeter intentionem - injurious result is greater than that intended (Art. 13 –
mitigating circumstance) (a) If A‘s act constitutes sufficient means to carry out the
graver felony, he cannot claim praeter intentionem.
Omission

■ It is inaction, the failure to perform a positive duty which a person is bound to do.
■ There must be a law requiring the doing or performing of an act.
■ Punishable omissions in the RPC: (1) Art. 116: Misprision of treason. (2) Art. 137:
Disloyalty of public officers or employees. (3) Art. 208: Negligence and tolerance in
prosecution of offenses. (4) Art. 223: Conniving with or consenting to evasion. (5)
Art. 275: Abandonment of person in danger and abandonment of one‘s own victim.
(6) Art. 276: Abandoning a minor.
Classifications of Felonies

■ FELONIES ARE CLASSIFIED AS FOLLOWS:

1. According to the manner of their commission
2. According to the stages of their execution
3. According to their gravity
■ OTHER CLASSIFICATIONS:
4. As to count
5. As to nature
1. According to the Manner of Their Commission
■ Under Art. 3, they are classified as: a. Intentional felonies or those committed with
deliberate intent; and b. Culpable felonies or those resulting from negligence,
reckless imprudence, lack of foresight or lack of skill.
2. According to the Stages of Their Execution
■ Under Art. 6, they are classified as:
a. Attempted
b. Frustrated
c. Consummated
■ According to Their Gravity
■ Under Art. 9, felonies are classified as:
a. Grave felonies or those to which the law attaches
(1) the capital punishment or (2) penalties which in any of their periods are afflictive;
(a) Reclusion perpetua
(b) Reclusion temporal
(c) Perpetual or Absolute DQ
(d) Perpetual or Temporary Special DQ
(e) Prision mayor
(f) Fine more than P6,000

b. Less grave felonies or those to which the law punishes

(1) with penalties which in their maximum period is correctional;
(a) Prision correccional
(b) Arresto mayor
(c) Suspension
(d) Destierro
(e) Fines equal to or more than P200 c. Light felonies or those infractions of law for the
commission of which (1) the penalty is arresto menor, or a fine not exceeding P200, or
both.
As to Count
■ Plurality of crimes may be in the form of: a. Compound Crime, b. Complex crime; and
c. Composite crime.
5. As to Nature
■ a. Mala in se b. Mala prohibita
Mens rea: "A guilty mind, a guilty or wrongful purpose or criminal intent."
Stages of Execution
■ Classification Under Art. 6
■ a. Consummated Felony When all the elements necessary for its execution and
accomplishment are present; the felony is produced.
■ b. 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.
■ c. 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.
■ Overt act A commission of the felony is deemed commenced when the following are
present: (1) There are external acts. (2) Such external acts have a direct connection with
the crime intended to be committed.
■ Overt act: Some physical activity or deed (but not necessarily physical, depending on the
nature of the felony) indicating the intention to commit a particular crime, more than a
mere planning or preparation, which if 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.
■ Crimes which do not admit of frustrated stage
(a) Rape
■ The essence of the crime is carnal knowledge.
■ No matter what the offender may do to accomplish a penetration, if there was no
penetration yet, it cannot be said that the offender has performed all the acts of
execution.
■ We can only say that the offender in rape has performed all the acts of execution when
he has effected a penetration. Once there is penetration, no matter how slight it is,
the offense is consummated.
■ People v. Orita (1990): For this reason, rape admits only of the attempted and
consummated stages, no frustrated stage. (see the previously cited case of People v.
Campuhan for the most recent doctrine on penetration).
(b) Arson One cannot say that the offender, in the crime of arson, has already performed
all the acts of execution which could produce the destruction of the premises through the
use of fire, unless a part of the premises has begun to burn. The crime of arson is
therefore consummated even if only a portion of the wall or any part of the house is burned.
The consummation of the crime of arson does not depend upon the extent of the damage
caused. (People v. Hernandez)
(c) Bribery and Corruption of Public Officers The manner of committing the crime requires
the meeting of the minds between the giver and the receiver. If there is a meeting of the
minds, there is consummated bribery or consummated corruption. If there is none, it is
only attempted.
(d) Adultery This requires the sexual contact between two participants. If that link
is present, the crime is consummated;
(e) Physical Injuries Under the Revised Penal Code, the crime of physical injuries is
penalized on the basis of the gravity of the injuries. There is no simple crime of
physical injuries. There is the need to categorize because there are specific articles that
apply whether the physical injuries are serious, less serious or slight. Thus, one
could not punish the attempted or frustrated stage because one does not know what
degree of physical injury was committed unless it is consummated.
(f) Theft Once there is unlawful taking, theft is consummated. Either the thing
was taken or not. Disposition of the stolen goods is not an element of theft under
the RPC.
■ Conspiracy – exists when two or more persons come to an agreement concerning
the commission of a felony and decide to commit it. (Article 8, RPC).
■ Requisites of conspiracy: (1) Two or more persons come to an agreement.
Agreement presupposes meeting of the minds of two or more persons
■ (2) The agreement pertains to a commission of a felony. Agreement to effect
what has been conceived and determined.
■ (3) The execution of the felony was decided upon.
■ Conspiracy to commit –
(1) Treason (Art. 115)
(2) Rebellion (Art. 136)
(3) Insurrection (Art. 136)
(4) Coup d’état, (Art. 136)
(5) Sedition (Art. 141)
(6) Monopolies and combinations in restraint of trade, espionage (Art. 186)
(7) Illegal association (Art. 147)
(8) Highway Robbery (P.D. 532)
(9) Espionage (Sec. 3, C.A. 616)
(10) Selected acts under the Dangerous Drugs Acts
(11) Arson
(12) Terrorism (R.A. 9372)
■ Proposal to commit –
(1) Treason (Art. 115)
(2) Coup d’ etat (Art. 136)
(3) Rebellion (Art. 136)
(4) Inducement not to answer summons, appear or be sworn in Congress, etc. (Art. 150)
CIRCUMSTANCES WHICH AFFECT CRIMINAL
LIABILITY

JUSTIFYING EXEMPTING MITIGATING AGGRAVATING ALTERNATIVE

NO WRONG THERE IS A THERE IS A THERE IS A THERE IS A
WRONG FELONY FELONY FELONY
No criminal No criminal Decreased Increased Increased or
liability liability criminal liability criminal liability decreased
liability
No civil liability With civil liability With civil liability With civil liability With civil liability
Except: state of Except: accident;
necessity insuperable
cause
■ FIVE TYPES of justifying circumstances:
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of a greater evil
5. Fulfillment of duty ; Obedience to an order issued for some lawful purpose
■ SIX TYPES of exempting circumstances:
1. Imbecility/Insanity
2. Minority
3. Accident
4. Compulsion of irresistible force
5. Impulse of uncontrollable fear
6. Insuperable or lawful cause
3. Accident (Damnum Absque Injuria)
■ Requisites: (1) A person performing a lawful act; (2) With due care; (3) He causes an
injury to another by mere accident; (4) Without fault or intention of causing it.
■ Accident - something that happens outside the sway of our will and, although coming
about through some act of our will, lies beyond the bounds of humanly foreseeable
consequences
■ Insuperable or Lawful Causes
■ Requisites: (1) That an act is required by law to be done; (2) That a person fails to
perform such act; (3) That his failure to perform such act was due to some lawful or
insuperable cause
■ Insuperable means insurmountable.
■ Illustration: Person was arrested for direct assault at 5:00 pm after government offices
close. Art 125 RPC requires that a person arrested be delivered to judicial authorities
within prescribed number of hours according to the gravity of offense. But complaint may
only be filed the next day when offices open. The circumstance of time of arrest may be
considered as an insuperable cause.
■ TWELVE TYPES of mitigating circumstances:
1. Incomplete Justification and Exemption
2. Under 18 or Over 70 years of age
3. No intention to commit so grave a wrong
4. Sufficient Provocation or Threat
5. Immediate vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender
8. Voluntary plea of guilt
9. Plea to a lower offense
10. Physical defect
11. Illness
12. Analogous Circumstances
■ TWENTY-ONE aggravating 9. Recidivism
circumstances under Art. 14:
10. Reiteration or Habituality
1. Taking Advantage of Public Office
11. Price, Reward Or Promise
2. In Contempt Of Or With Insult To Public
12. Inundation, Fire, Poison
Authorities
13. Evident Premeditation
3. With Insult Or Lack Of Regard Due To
Offended Party By Reason Of Rank, Age 14. Craft, Fraud Or Disguise
Or Sex
15. Superior Strength Or Means To Weaken
4. Abuse Of Confidence And Obvious Defense
Ungratefulness
16. Treachery
5. Crime In Palace Or In Presence Of The
Chief Executive 17. Ignominy

6. Nighttime; Uninhabited Place; With A 18. Unlawful Entry

Band 19. Breaking Wall, Floor, Roof
7. On Occasion Of A Calamity 20. With Aid Of Persons Under 15 By Motor
8. Aid Of Armed Men Or Means To Ensure Vehicle
Impunity 21. Cruelty
PERSONS CRIMINALLY LIABLE/DEGREE OF
PARTICIPATION

■ Under the Revised Penal Code, when more than one person participated in the
commission of the crime, the law looks into their participation because in punishing
offenders, the Revised Penal Code classifies them as:
A. PRINCIPAL
B. ACCOMPLICE
C. ACCESSORY
A. Principal
■ 1. By Direct Participation
■ Those who are liable: materially execute the crime; appear at the scene of the
crime; perform acts necessary in the commission of the offense.
■ Why one who does not appear at the scene of the crime is not liable: his non-
appearance is deemed desistance which is favored and encouraged. conspiracy
is generally not a crime unless the law specifically provides a penalty therefore.
there is no basis for criminal liability because there is no criminal participation.
■ 2. By Inducement
■ Inducement must be strong enough that the person induced could not resist. This is
tantamount to an irresistible force compelling the person induced to carry out the crime.
Ill-advised language is not enough unless he who made such remark or advice is a co-
conspirator in the crime committed.
■ 3. By Indispensable Cooperation
■ The focus is not just on participation but on the importance of participation in
committing the crime.
■ The basis is the importance of the cooperation to the consummation of the crime. If
the crime could hardly be committed without such cooperation, then such cooperator
would be a principal. If the cooperation merely facilitated or hastened the
consummation of the crime, the cooperator is merely an accomplice.
 Accomplices
■ When is one regarded as an accomplice Determine if there is a conspiracy. If
there is, as a general rule, the criminal liability of all will be the same, because the
act of one is the act of all. What are the other traits of an accomplice does not
have previous agreement or understanding; or is not in conspiracy with the
principal by direct participation.
■ -end