KURIOS

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CRIMINAL LAW BOOK 1

NAME:

Jan Ivan A. Pabelonia

YEAR:

BSCRIM – 2

PROFESSOR:
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MODULE 1

“Introduction to Criminal Law”

(Revised Penal Code Articles 1-5)

Learning Activities/Assessment:
1. What is Act No. 3815? When did it take effect?
 This law shall be known as “The Revised Penal Code” this code shall take
effect on the first day of January, Nineteen hundred and thirty-two.

2. Define the following terminologies:

a. Criminal law/penal law
 Criminal law, the body of law that defines criminal offenses, regulates
the apprehension, charging, and trial of suspected persons, and fixes
penalties and modes of treatment applicable to convicted offenders.
b. Felony
 A serious crime punishable by more than a year in prison or by death.
At English common law, a Felony was any crime punishable by
forfeiture of land or goods to the Crown. See criminal procedure,
Criminal law
c. Offense
 An offense may consist of a misdemeanor. The term is used to
indicate a violation of public rights as opposed to private ones.
d. Crime
 A crime is a wrongdoing classified by the state or Congress as a felony
or misdemeanor. A crime is an offence against a public law. The term
offence may be considered as having the same meaning, but is usually
understood to be a crime not indictable but punishable, summarily or
by the forfeiture of a penalty.
e. Omission
 An omission is a failure to act, which generally attracts different legal
consequences from positive conduct. In the law, an omission will
constitute an actus reus and give rise to liability only when the law
imposes a duty to act the defendant is in breach of that duty.
f. Imprudence
 Imprudence sometimes gets people in trouble, because it means a
lack of care or thoughtfulness. A person's imprudence is her tendency
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to rush headlong into decisions or actions without careful

contemplation.

g. Negligence
 Negligence is a failure to take reasonable care to avoid causing injury
or loss another person.
h. Mala in se
 is a Latin phrase meaning wrong or evil in itself. The phrase is used to
refer to conduct assessed as sinful or inherently wrong by nature,
independent of regulations governing the conduct.
i. Mala prohibita
 Those things which are prohibited by law, and therefore unlawful.
j. Motive
 something (such as a need or desire) that causes a person to act
Revenge was the murderer's motive.
k. Impossible crime
 An Impossible Crime is committed by any person performing an act
which would be an offense against persons or property, were it not for
the inherent impossibility of its accomplishment or an account of the
employment of inadequate or ineffectual means.
l. Conspiracy
 Conspiracy occurs when two or more persons agree to commit a
crime-an essential feature for committing organized crime. One
purpose of the conspiracy offence is to extend liability "backwards" by
criminalizing the planning (or agreement) stage of a criminal offence.
m. Error in personae
 Error in personae or mistake in identity is injuring one person who is
mistaken for another. The intended victim is not at the scene of the
crime. It is the actual victim upon whom the blow was directed, but he
is not really the intended victim.
n. Aberration ictus
 Aberratio ictus is a Latin term that refers to the accidental harm that
occurs to someone when a criminal act is misdirected against him or
her when he or she was otherwise an innocent bystander in the course
of the crime.
o. Praeter intentionim
 “Praeter intentionem” is defined as having an injurious result that is
greater than that intended. The Revised Penal Code describes it as no
intention to commit so grave a wrong.
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3. Explain/give the meaning of the following legal maxims:

a. Nullum crimen, nulla poene sine lege
 The principle that there must be no crime or punishment except in
accordance with fixed, predetermined law, finds its Latin expression as
nullum crimen sine lege, nulla poena sine lege. Although the
maxim has been the basis of criminal law, it is a matter about which
there is much difference of opinion.
b. Actus non facit reum, nisi mens sit rea
 It is a necessary element of many crimes. The standard common law
test of criminal liability is expressed in the Latin phrase actus reus non
facit reum nisi mens sit rea, i.e., "the act is not culpable unless the
mind is guilty".
c. Ignorantia legis non excusat
 Ignorantia juris non excusat or ignorantia legis neminem excusat
(Latin for "ignorance of the law excuses not" and "ignorance of law
excuses no one" respectively) is a legal principle holding that a person
who is unaware of a law may not escape liability for violating that law
merely by being unaware of its content.
d. Ignoratia facti excusat
 Ignorantia Facti Excusat is a Latin legal maxim that means ignorance
of a fact is an excuse. Any act done under a mistaken impression of a
material fact is excused. Acts and contracts made under a mistake or
an ignorance of a material fact are voidable.
e. El que causa de la causa es causa del mal causado
 The rationale of the rule in article 4 is found in the doctrine that "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)."
f. Actus me invite factuse non est meus factus
 Actus me invito factus non est meus actus – or “An Act done
against my will is not my act.” Although the maxim does not exactly roll
off your tongue, I like it because it conveys the notion of general intent
(as opposed to specific intent).

4. Differentiate the following:

a. Doctrines in the construction of penal laws:

a.1. doctrine of equipoise

 The "equipoise doctrine" is the rule which states that when the
evidence of the prosecution and the defense are so evenly balanced
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the appreciation of such evidence calls for tilting of the scales in favor
of the accused.
a.2. void-for-vagueness doctrine
 In criminal law, a declaration that a law is invalid because it is not
sufficiently clear. Laws are usually found void for vagueness if, after
setting some requirement or punishment, the law does not specify what
is required or what conduct is punishable.
a.3. doctrine of pro reo
 Intimately intertwined with the in dubio pro reo principle is the rule of
lenity. It is the doctrine that "a court, in construing an ambiguous
criminal statute that sets out multiple or inconsistent punishments,
should resolve the ambiguity in favor of the more lenient punishment."

b. Characteristics of criminal/penal laws

b.1. generality
 The idea of the law is that of generality. People can only be equal
before a general law. The generalizing rule guarantees freedom. It
satisfies the principle of the separation of powers because it clearly
distinguishes the mandate of parliament from that of the administration.
b.2. territoriality
 Territoriality is a type of intraspecific or interspecific competition that
results from the behavioral exclusion of others from a specific space
that is defended as territory. This well-defined behavior is exhibited
through songs and calls, intimidation behavior, attack and chase, and
marking with scents.
b.3. prospectivity
 Prospectivity in criminal law means that penal laws can only punish
an act committed after its effectivity. It cannot penalize an act that was
not punishable at the time of its commission. It cannot be given
retroactive effect UNLESS favorable to the accused who is not a
habitual deliquent.

c. Theories in criminal law

c.1. classical or juristic theory

 Classical or juristic theory which provides that man, who possesses
freedom, is punished for an act or omission willingly, voluntarily, and
intelligently performed. Under this philosophy, man should be adjudged
or held accountable for wrongful acts so long as free will appears
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unimpaired, so that if one lacks free will and intelligence, he should not
be held criminally liable. This philosophy is so basic it is implied so
often in bar exams.
c.2. positivist or realistic theory
 Positivist or Realistic Theory which provides that man is inherently
good but his acts or behavior may be conditioned by his environment.
Because of his upbringing, social environment and associations he
may become socially ill or an offender. Thus, under this philosophy
penal laws are meant to “reform” and the penalties are considered
“corrective or curative.” Jails are reformatories and penalties are
imposed after an examination of the circumstances of the offender.
Unlike the classical theory which emphasizes on the offense itself,
positivistic theory emphasizes on the offender and not on the offense.
c.3. eclectic of mixed theory
 Eclectic (or mixed) Philosophy which combines good features of
classical and positivist theories. As contended by many legal theorists,
the classical theory should be applied to heinous crimes, whereas the
positivist should be applied to socio-economic crimes. The Philippines
generally adapts the eclectic philosophy

d. Classification of felonies

d.1. intentional felonies

 Act or omission is MALICIOUS in nature: w/ deliberate intent to injure
d.2. culpable felonies
 Act not malicious, unintentional and as an incident without malice.
Results from imprudence (skill) or negligence (foresight)

e. Stages of commission of felony

e.1. attempted felony

 Such as when you hit victim but you could not finish him off because a
policeman arrived and subdued you.
e.2. frustrated felony
 Such as when you hit him and he could have died from injuries that you
inflicted were it not for the timely intervention of the doctors.
e.3. consummated felony
 If the crime is executed and accomplished, such as when you hit victim
a piece of hardwood and killed him.
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f. Gravity of felonies

f.1. grave felony

 Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive, in
accordance with Art.
f.2. less grave felony
 Less grave felonies are those which the law punishes with penalties
which in their maximum period are correctional
f.3. light felony
 Light felonies are those infractions of law for the commission of which
the penalty of arresto menor or a fine not exceeding 200 pesos or both,
is provided.

g. Circumstances which affect criminal liability

g.1. justifying circumstances

 Are those where the act of a person is said to be in accordance with
the law, so that such person is deemed not to have transgressed the
law and is free from both civil and criminal liability.
g.2. exempting circumstances
 These are defenses where the accused committed a crime but is not
criminally liable. There is a crime, and there is civil liability but no
criminal.
g.3. mitigating circumstances
 In criminal law, conditions or happenings which do not excuse or justify
criminal conduct, but are considered out of mercy or fairness in
deciding the degree of the offense the prosecutor charges or
influencing reduction of the penalty upon conviction.
g.4. aggravating circumstances
 Refers to factors that increases the severity or culpability of a criminal
act. Typically, the presence of an aggravating circumstance will lead to
a harsher penalty for a convicted criminal.
g.5. alternative circumstances
 Are those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the
other conditions attending its commission. They are the relationship,
intoxication and the degree of instruction and education of the offender.
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5. Enumeration:
a. Limitations on the power of the law-making body to enact penal legislation
under 1987 Constitution

a.1. The law must not be an ex post facto law or it should not be given a
retroactive effect.
a.2. The law must not be a bill of attainder, meaning it cannot provide
punishment without judicial proceedings.
a.3. The law must not impose cruel, unusual or degrading punishment.

b. Circumstances on the application of the provisions of the Revised Penal

Code within and outside the Philippine jurisdiction

b.1. Should commit an offense while on a Philippine ship or airship

b.2. Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands
b.3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the preceding
number
b.4. While being public officers or employees, should commit an offense in the
exercise of their functions
b.5. Should commit any crimes against the national security and the law of
nations, defined in Title One of Book Two of this Code.

c. Elements of felonies in general:

c.1. There must be an act or omission.

c.2. Punishable by law.
c.3. Incurred by means of deceit or fault.

d. Requisites of dolo or malice:

d.1. Freedom
d.2. Intelligence
d.3. Intent

e. Circumstances where criminal liability shall be incurred

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e.1. By any person committing a felony (delito) although the wrongful act done
be different from that which he intended.
e.2. By any person performing an act which would be an offense against
persons or property, were it not for the inherent impossibility of its
accomplishment or an account of the employment of inadequate or
ineffectual means.

6. The two rules as the jurisdiction over crime committed board foreign merchant
vessels are French Rule and English Rule.

a. Differentiate French Rule and English Rule

 French rule is that crimes committed on board are not triable in our
country unless those affect the peace and security of our country, and
English rule is that crimes are triable unless such crimes affect merely
the internal management of the vessel. The English rule is followed in
our jurisdiction.
b. In the Philippines, what rule do we observe? Explain.
 The rule of law is a principle of governance in which all persons,
institutions and entities, public and private, including the State itself,
are accountable to laws that are publicly promulgated, equally enforced
and independently adjudicated, and which are consistent with
international human rights norms and standards. It requires, as well,
measures to ensure adherence to the principles of supremacy of law,
equality before the law, accountability to the law, fairness in the
application of the law, separation of powers, participation in decision-
making, legal certainty, avoidance of arbitrariness and procedural and
legal transparency.

7. Discuss how the following circumstances affect criminal liability:

a. Self-defense and fulfillment of a duty (justifying)
 Self-defense is based on the principle of self-preservation from mortal
harm, while fulfillment of duty is premised on the due performance of
duty. The difference between the two justifying circumstances is clear,
as the requisites of self-defense and fulfillment of duty are different.
b. Insanity and imbecility (exempting)
 Insanity is mental illness of such a severe nature that a person cannot
distinguish fantasy from reality, cannot conduct her/his affairs due to
psychosis, or is subject to uncontrollable impulsive behavior and
Imbecility is from the Latin imbecillitatem, meaning “weakness,
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feebleness.” If you are feeble of mind or weak on intellect and act

accordingly, that is imbecility.
c. Provocation and passion/obfuscation (mitigating)
 Passion and obfuscation is one of the ordinary mitigating
circumstances. There is passional obfuscation when the crime was
committed due to an uncontrollable burst of passion provoked by
prior unjust or improper acts, or due to a legitimate stimulus so
powerful as to overcome reason.
d. Treachery and cruelty (aggravating)
 The offender commits any of the crimes against the person,
employing means, methods or forms in the execution thereof which
tend directly and specially to insure its execution, without risk to
himself arising from the defense which the offended part might
make and cruelty encompasses abusive, outrageous, and
inhumane treatment that results in the wanton and unnecessary
infliction of suffering upon the body or mind.
e. Intoxication and degree of instruction/education of the offender (alternative)
 The intoxication of the offender shall be taken into consideration
as a mitigating circumstances when the offender has committed a
felony in a state of intoxication, if the same is not habitual or
subsequent to the plan to commit said felony but when the
intoxication is habitual or intentional, it shall be considered as an
aggravating circumstance.

8. What is a Battered Woman Syndrome?

 Battered woman syndrome, which is also sometimes called
battered wife syndrome, is considered a subcategory of post-
traumatic stress disorder (PTSD). With battered woman syndrome,
a woman may develop a learned helplessness that causes her to
believe she deserves the abuse and that she can't get away from it

a. Why is it a form of self-defense?

 Battered Woman's Syndrome became a way to explain the conduct
of a woman in a battering relationship who had fought back and
killed her abuser. "Battered Woman's Syndrome" made the battered
woman every woman and therefore a reasonable person who used
force in self-defense.

b. What are the three phases of this syndrome?

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 First, the abuser engages in behaviors that create relationship

tension. Second, the tension explodes when the abuser commits
some form of abuse: physical, psychological, emotional, sexual, or
otherwise. Third, the abuser tries to fix his wrongdoing and
apologizes.
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MODULE 2

“Persons Criminally Liable for Felonies”

(Revise Penal Code Articles 16-20)

Learning Activities/Assessment:
1. The following are persons criminally liable for felonies. Discuss who are:

a. Principals
b. Accomplices
c. Accessories

2. Differentiate the three type of principals:

a. Principals by direct participation

b. Principals by inducement
c. Principals by indispensable cooperation

3. Distinguish the following:

a. Principal by indispensable cooperation from accomplice

b. Accessory from principal and accomplice

4. What is the concept of inducement?

5. Who are the accessories exempt from criminal liability and what are the
grounds for exemption?

6. Why are accessories not liable for light felonies?

7. Explain the facts of the accessories in the commission of the crime:

a. By profiting from the effects of the crime

b. By destroying the corpus delicti
c. By harboring or concealing an offender
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MODULE 3

“PENALTIES”
(Revised Penal Code Article 21-88)

Learning Activities/Assessment:
1. Define the following theories of penalty:

a. Penalty
b. Principal penalties
c. Accessory penalties
d. Subsidiary penalty
e. Ex post facto law
f. Bill of attainder
g. Preventive imprisonment
h. Pecuniary liability

2. Discuss the following theories of penalty:

a. Prevention
b. Self-defense
c. Reformation
d. Exemplarity
e. Justice

3. Explain the juridical condition of penalty:

a. Must be productive of suffering

b. Must be proportionate to be crime
c. Must be personal
d. Must be legal
e. Must be equal
f. Must be correctional

4. Enumeration:

a. Classification of principal penalties

Divisible Indivisible
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a.1. a.1.
a.2. a.2.
a.3. a.3.
a.4.

b. Classification of penalty according to gravity

Capital Penalty Afflictive Correctional Light Penalties

Penalties Penalties
b.1. b.1. b.1. b.1.
b.2. b.2. b.2.
b.3. b.3.
b.4. b.4.
b.5.

c. Cases when destierro is imposed

c.1.
c.2.
c.3.
c.4.

d. Cases where death penalty is not imposed

d.1.
d.2.
d.3.

e. Accessory penalties

e.1.
e.2.
e.3.
e.4.
e.5.

5. The general rule is to give criminal laws prospective effect. When shall penal
laws have retroactive effect?

6. What is the penalty for complex crimes?

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7. What Is civil interdiction and its effects?

8. Differentiate the following pardon:

Pardon by Chief Executive Pardon by Offended Party

(President)

9. Determine the duration of penalties:

Penalties Duration
Reclusion Perpetua
Reclusion temporal
Prison Mayor/temporary
Disqualification
Prison correctional, Suspension and
Destierro
Arresto Mayor
Arresto Menor
Bond to keep the peace

10. Briefly discuss the general rule on when and how aa penalty is to be
executed.
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MODULE 4

“Extinction of Criminal Liability”

(Revised Penal Code Article 89-99)

Learning Activities/Assessment:
1. Definition:
a. Amnesty
b. Pardon
c. Parole
d. Probation
e. Prescription of crime
f. Prescription of penalty
g. Good conduct allowance
h. Evasion of service of sentence
i. Civil liability/obligation

2. Enumerate the extinction of criminal liability:

Total Extinction Partial Extinction

a.1. a.1.
a.2. a.2.
a.3. a.3.
a.4. a.4.
a.5. a.5.
a.6.
a.7.

3. Determine the prescription of crime with the following penalties:

Crimes Punishable by: Prescription
Death, Reclusion Perpetua or
Reclusion Temporal
Perpetual or Temporary
absolute/special Disqualification,
Prison Mayor
Prision Correccional, Suspension,
Destierro
Arresto Mayor
Libel
Oral defamation, slander by deed
Arresto Menor, Public censure
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4. Determine the prescription of penalty:

Penalty Prescription
Death, Reclusion Perpetua
Other Afflictive Penalties
Correctional Penalties (Except
Arresto Mayor)
Arresto Mayor
Light Penalties

5. What is Republic Act No. 10592?

a. What are the benefits of the law?

b. Who can benefit from the law?
c. Who are excluded from the law?
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MODULE 5

“Civil Liability”
(Revised Penal Code Article 100-113)

Learning Activities/Assessment:

1. Distinguish the two classes of injuries caused by an offense

a. Social injury
b. Personal injury

2. When is a person civilly liable?

3. Briefly discuss the subsidiary civil liability of the following:

a. Innkeepers
b. Tavern keepers
c. Proprietors of establishments

4. The following are included in civil liability. Explain how it is made?

a. Restitution
b. Reparation for damages
c. Indemnification for consequential damages

5. Differentiate:

a. Civil liability and pecuniary liability

b. Damages that may be recovered from criminal cases

b.1. actual or compensatory damages

b.2. moral damages
b.3. exemplary or corrective damages
b.4. liquidated damages
b.5. nominal damages
b.6. temperate or moderate damages

6. Enumerate the instances when civil liability is extinguished:

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