For those PRE-LAW/FIRST YEAR LAW STUDENTS, here are the CASES and CONCEPTS you may want to

READ, RESEARCH AND/OR MEMORIZE NOW before your classes start. This is good for 1 day of recitation
under General Principles of Criminal Law. If you read all these as suggested, you will have a good
impression during your FIRST recitation/quizzes.

1. PLEASE DO NOT SKIP ANY CASE. READ IN FULL TEXT.

2. Memorize the cited provisions in verbatim.
3. This is only good for 1 class, or if the pacing is fast, then half of the first class.
4. Memorize the case titles with the doctrine held therein, with the year of the promulgation. Note: No
need to memorize the General Register (G.R.) numbers. E.g. "Kuroda v. Jalandoni, 1949," "People v.
Tulin, 2001," "White Light Corporation v. City of Manila, 2009," etc.

#REACT if you want the next parts.

*Suggested textbooks: J. Reyes, 2017 (main text); Boado, 2019 (secondary); J. Regalado (supplement).

I. General Principles of Criminal Law

A. Nature and definition
U.S. v. Taylor, G.R. No. 9726. December 8, 1914 (Common Law)
U.S. v. Sweet, 1901 (Military character of the accused)
Kuroda v. Jalandoni, 1949 (War Crimes)
Schneckerburger v. Moran, 1936 (Consul; Non-Immunity)
People v. Tamayo, 1935 (Effect of Repeal)
People v. Sindiong and Pastor, 1947 (Effect of Repeal)
U.S. v. Abad Santos, 1917 (Construction of Penal Laws)

Latin Maxims (#memorize in verbatim together with their meanings and application/s) -

1.Nullum crimen nulla poena sine lege - There is no crime when there is no law that punishes it
2. Actus non facit reum, nisi men sit rea - The act cannot be criminal unless the mind is criminal.
3. Actus me invito factus non est meus actus- An act done by me against my will is not my act.
4. 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.

B. Characteristics of Criminal Law

1. General (Art. 2, RPC)

Minucher v. Scalzo, G.R. No. 142396, 11 February 2003

Liang v. People, G.R. No. 125865, 28 January 2000

2. Territorial (Art.2, RPC)

People v. Tulin, G.R. No. 111709, 30 August 2001, 364

SCRA 10
(*Updated 7/14/2020) Read the case of People v. Lol-lo, February 27, 1922 (Piracy as "Hostes humani
generis")

3. Prospective (Article 21 and 22, RPC)

a. Effects of repeal

C. Sources of Criminal Law

1. Revised Penal Code
2. Special Penal Laws
D. Constitutional Limitations on Criminal Law
1. Due process and Equal protection (Art. 3, Sec. 1, 1987
Constitution)

White Light Corp. v. City of Manila, G.R. No. 122846,

20 January 2009
Garcia v. Drilon, G.R. No. 179267, 25 June 2013

2. Freedom of expression (Art. 3, Sec. 4, 1987 Constitution)

Guingguing v. People, G.R. No. 128959, 30 September
2005.

3. Freedom of religion (Art. 3, Sec. 5, 1987 Constitution)

Estrada v. Escritor, AM No. P-02-1651, 22 June 2006,
492 SCRA 1

4. No excessive fines, nor cruel, degrading or inhuman

punishment. (Art. 3, Sec. 19, 1987 Constitution)
People v. Echagaray, G.R. No. 117472, 7 February 1997,
267 SCRA 682
Corpuz v. People, G.R. No. 180016, 29 April 2014

5. Non-imprisonment for debt or non-payment of poll tax (Art. 3, Sec. 19, 1987 Constitution)

6. Bill of attainder (Art. 3, Sec. 22, 1987 Constitution)

People v. Ferrer, L-32613-14, 27 December 1972, 48
SCRA 382

7. Ex-post facto laws (Art. 3, Sec. 22, 1987 Constitution)

US v. Diaz Conde, L-18208, 14 February 1922

E. Construction and interpretation

1. Liberally in favour of the accused
2. Spanish text of the RPC prevails over the English text
People v. Abilong, L-1960, 26 November 1948.
3. Retroactive application when favourable to the accused
4. Prescribed but undeserved penalties (Art. 5, RPC)
People v. Formigones, L-3246, 29 November 1950
(To be continued)

Note: Based on our syllabus, however, I have substantially trimmed down the cases so that the readings
will be friendlier to those who are preparing for their first day of classes in #CrimLaw.

For PRE-LAW/FIRST YEAR LAW STUDENTS - #CriminalLaw1 #Continuation (Part 2).

Suggested Readings: PRINCIPLES OF CRIMINAL LIABILITY. Same reminders -

Here are the CASES and CONCEPTS you may want to READ, RESEARCH AND/OR MEMORIZE NOW before
your classes start. This is good for 1 day of recitation under General Principles of CRIMINAL LIABILITY.

1. Do not skip any of the case. Read the Full Text.

2. This is good for 1 day of recitation, or less, depending on the pacing.
3. Memorize the provisions cited in verbatim.
4. Memorize the case titles along with the doctrine, with the year of promulgation. No need to
memorize the SCRA number or General Register (G.R.) number. E.g. "People v. Talingdan, 1978"
5. Suggested texts: J. Luis Reyes, 2017 (main text), Boado, 2019 (secondary); J. Regalado (supplemental)
6. Try practicing in front of the mirror reciting the facts, issues and ruling of a case. Do not skip this step.
Recitation in law school is an essential part of your journey, so don't resist this, accept it as part and
parcel of your sojourn. Try to love it. And, just like for anything, you have to practice before you
perform. Practice enhances your skills.

II. General Principles of Criminal Liability

A. Felony, defined (Art. 3, RPC)

People v. Gonzales, G.R. No. 80762, March 19, 1990

U.S. v. Maleza, G.R. No. L-5036, November 17, 1909

Soriano v. People, G.R. No. L-3008, March 19, 1951

People v. Sia Teb Ban, G.R. No. L-31695, November 26, 1929

People v. Renegado, May 31, 1974

U.S. v. Catolico, G.R. No. L-6486, March 2, 1911

People v. Paganor, April 20, 2001

Lim v. C.A., May 18, 1993

B. Elements of criminal liability

1. Physical element (Actus reus)

a. Act
b. Omission
People v. Sylvestre and Atienza, 1931

People v. Talingdan,1978

2. Mental element (Mens rea)

a. Deliberate intent (Dolo)

Manuel v. People, G.R. No. 165842, 29 November

2005

i. Elements of dolo

ii. General and specific intent

People v. Puno, G.R. No. 97471, 17 February 1993

iii. Mistake of fact

US v. Ah Chong, G.R. No. 5272, 19, March 1910 (*Remember to relate the justifying circumstance to the
mistake of fact)

People v. Oanis, G.R. No. 47722, 27, July 1943

iv. Malum prohibitum as exception to the

requirement of mens rea

Padilla v. Dizon, AC No. 3086, 23 February 1988

Magno v. CA, 26 June 1992

Garcia v. CA, March 2006

v. Intent distinguished from motive

People v. Puno, February 17, 1993

People v. Salamat, August 5, 1993

People v. Bautista, May 14, 1998

b. Constructive intent (Culpa) Art. 3 and 365

i. Elements

ii. Imprudence or lack of skill

iii. Negligence or lack of foresight

People v. Pugay, L-74324, 17 November 1988, 167 SCRA 439

Ivler v. San Pedro, G.R. No. 172716, 17 November 2010.

c. Transferred intent (Art. 4, par. 1)

i. Aberratio ictus

People v. Guillen, 18 January 1950

People v. Flora, June 23, 2000

ii. Error in personae

People v. Sabalones, 31 August 1998

People v. Pinto, November 21, 1991

iii. Praeter intentionem

People vs. Albuquerque, 19 December 1933

George Mckee v. IAC, July 16, 1992

3. Concurrence

4. Resulting harm

5. Causation

Bataclan v. Medina, 22 October 1957

C. Impossible Crimes (Art. 4, Par. 2)

Intod v. CA, G.R. No. 103119, 21 October 1992, 215 SCRA 52

People v. Saladino, L-3634, 30 May 1951, 89 Phil. 807

Jacinto v. People, G.R. No. 162540, 13 July 2009.

(To be continued. It is my hope that you are following the pacing as the suggested readings are given, so
that your studies are guided. God bless)

Rob Gozun