THE REVISED PENAL CODE (RPC) (ACT 3815, AS AMENDED) Book I

Lesson for August 16, 2021 – September 16, 2021

Introduction:

Criminal law - is a branch of law which defines crimes, treats of their nature, and provides for
their punishment.

Crime – is an act committed or omitted in violation of a public law forbidding or commanding it.

Sources of Philippine Criminal Law:

1. The revised Penal Code (Act No. 3815)

2. Special Penal Laws passed by the Phil. Commission’ Phil. Legislature, Congress of the
Philippines, Batasang Pambansa
3. Penal Presidential Decrees issued during Martial law

Power to Define and punish crimes:

- The State has the authority, under its police power, to define and punish crimes and to
lay down the rules of criminal procedure.

Limitations on the power of the law-making body to enact penal legislation:

Bill of Rights of the 1987 Constitution:

1. No ex post facto law or bill of attainder shall be enacted;

2. No person shall be held to answer for a criminal offense without due process of law.

Characteristics of criminal law:

1. General, in that criminal law is binding on all persons who live or sojourn in Philippine
territory.
Exception: Article 2 of the Revised Penal code (RPC) which states that this Code shall
be enforced within the Philippine Archipelago “except as provided in the treaties and
laws of preferential application”.

2. Territorial, in that criminal laws undertake to punish crimes committed within Philippine
territory.
Exception: The same article 2 of the RPC provides that its provisions shall be enforced
outside of the jurisdiction of the Philippines against those who:
 a. Should commit an offense while on Philippine ship or airship;
b. Should forge or counterfeit any coin or currency note of the Philippines or
obligations and securities issued by the Government of the Philippines;
c. Should be liable for acts connected with the introduction into the Philippines
of the obligations and securities mentioned in the preceding number;
d. While being public officers or employees, should commit an offense in the
exercise of their functions; or
e. Should commit any of the crimes against national security and the law of
nations, defined in Title One of book Two of the RPC.

3. Prospective, in that penal law cannot make an act punishable in a manner in which it
was not punishable when committed. As provided in Article 366 of the RPC, crimes are
punished under the laws in force at the time of their commission.

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

Exception to the exception:

a. Where the penal law is expressly made inapplicable to pending actions or

existing actions or existing causes of actions; and
b. Where the offender is a habitual criminal under Rule 5, Article 62, RPC.

Construction of Penal Laws:

1. Penal laws are strictly construed against the Government and liberally in favor of the
accused. This rule may be invoked only where the law is ambiguous and there is doubt
as to its interpretation. Where the law is clear and unambiguous, there is no room for
the application of the rule.

Chapter I

Art. 3. Acts and Omissions punishable by law are felonies

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.

Felonies are acts and omissions punishable by the RPC.

Elements:
1. That there must be an act or omission.
2. That the act or omission must be punishable by the RPC.
 3. That the act is performed or the omission incurred by means of dolo or culpa.

Example of felony by performing an act:

A took the watch of B with intent to gain and without the consent of the latter. The act of taking
the watch of B, with intent to gain, constitutes the crime of theft.

Meaning of the word “omission”.

By omission means “inaction”, the failure to perform a positive duty which one is bound to do.
There must be a law requiring the doing or performance of an act.

Example of felony by omission:

Anyone who fails to render assistance to any person whom he finds in an uninhabited place
wounded or in danger of dying, is liable for abandonment of persons in danger. (Art. 275 par.
1).

“Punishable by law” is the other element of felony. This is based upon the maxim, “nullum
crimen, nulla poena sine lege” which means, there is no crime when there is no law punishing
it.

Requisites of dolo or malice:

In order that an act or omission may be considered as having been performed or incurred with
deliberate intent, the following requisites must concur:

1. He must have “freedom” while doing an act or omitting to do an act;

2. He must have “intelligence” while doing the act or omitting to do the act;
3. He must have “intent” while doing the act or omitting to do the act.

Intent presupposes the exercise of freedom and the use of intelligence. The existence of intent
is shown by the overt acts of a person.

Criminal intent is presumed from the commission of an unlawful act.

People vs. Sia Teb Ban (54 Phil. 52, 53)

Facts:
The accused took a watch without the owner’s consent. He was prosecuted for theft. The
accused alleged as a defense that the prosecution failed to prove the intent to gain on his part,
an element of the crime of theft.
Held: From the felonious act (taking another’s property) of the accused freely and deliberately
executed, the moral and legal presumption of a criminal and injurious intent arises conclusively
and indisputably, in the absence of evidence to the contrary.
Mistake of Fact:
While ignorance of the law excuses no one from compliance therewith, ignorance or mistake of
fact relieves the accused from criminal liability. Mistake of fact is a misapprehension of fact on
the part of the person who caused injury to another. He is not, however, criminally liable,
because he did not act with criminal intent.

U.S. vs. Ah Chong (15 Phil. 488)

Facts: Ah Chong was a cook at t. McKinly. He was afraid of bad elements. One evening, before
going to ed, he locked himself in his room by placing a chair against the door. After having gone
to bed, he was awakened by someone trying to open the door. He called out twice, “Who is
there?”, but received no answer. Fearing that the intruder was a robber, he leaped from his bed
and called out again, “If you enter the room I will kill you”. But at that precise moment, he was
struck by the chair that had been placed against the door and believing that he was being
attacked he seized a kitchen knife and struck and fatally wounded the intruder who turned out
to be his roommate.
Held: Ah Chong must be acquitted because of mistake of fact.

Mistake in identity (error in personae);

Example: A wanted to kill B by shooting him with a is pistol. Thinking that the person walking in
dark alley was B, A shot the person. It turned out that the person killed was C, the brother of A.
A had no intention to kill C. Since the act and intention of A in firing his pistol are unlawful, A
cannot properly invoke the principle of mistake of fact in his defense. Lack of intent to kill the
deceased, because his intention was to kill another cannot relieve the accused from criminal
responsibility.

Criminal intent is replaced y negligence and imprudence in felonies by means of culpa. In order
that the act or omission in felonies committed by means of fault or culpa may be considered
voluntary, the following requisites must concur:

1. He must have “freedom” while doing an act or omitting to do an act;

2. He must have “intelligence” doing the act or omitting to do the act;
3. He is “imprudent”, “negligent” or “lack of foresight” or “skill” while doing the cat or
omitting to do the act.

In acts Mala in se, there must be a criminal intent; but in those mala prohibita, it is sufficient if
the prohibited act was intentionally done.

Good faith and absence of criminal intent are not valid defenses in crimes punished by special
laws.

MALA IN SE and MALA PROHIBITA, distinguished:

Mala in se or wrongful from their nature, such as theft, rape, homicide and those that are mala
prohibita, or wrong merely because prohibited by statute, such as illegal possession of
firearms.

Crimes mala in se are those so serious in their effects on society; while mala prohibita are
violations of mere rules of convenience designed to secure a more orderly regulation of the
affairs of society.

In acts mala in se, intent governs; but in those mala prohibita, the only inquiry is, has the law
been violated?

The term mala in se, refers generally to felonies defined and penalized by the Revised Penal
Code (RPC)
The term mala prohibita, refers generally to acts made criminal by special laws.

Art. 4. Criminal Liability- Criminal liability shall be incurred shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different
from that which he intended.
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 on account of the
employment of inadequate or ineffectual means.

One who commits an intentional felony is responsible for all the consequences which may
naturally and logically result therefrom, whether foreseen or intended or not.

In view of paragraph 1 of Art. 4, a person committing a felony is criminally liable although the
consequences of his felonious act are not intended by him.

Example:

Thus, where the death of the 6 year old victim was brought about by the rape committed by the
accused, it is of no moment that she died by accident when she hit her head on the pavement
while struggling, because, having performed an act constituting a felony, he is responsible for
all the consequences of said act, regardless of his intention. (People vs. Mariano, 75 O.G. 4802,
June 11, 1979).

Rationale of the rule in paragraph 1 of Art. 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
cause)

IMPORTANT WORDS AND PHRASES IN PARAGRAPH 1 OF ARTICLE 4:

1. “Committing a Felony.”
 Par. 1 of Art. 4 says that criminal liability shall be incurred by any person “committing a
felony”, not merely performing an act.
2. “Although the wrongful act done be different from that which he intended.”
Which he intended are:

a. Mistake in the identity of the victim/error in personae;

b. Mistake in blow/aberration ictus; that is, when the offender intending to do an
injury to one person actually inflicts it on another; and
c. The act exceeds the intent, that is, the injurious result is greater than that
intended/praeter intentionem.

EXERCISES:

In order to understand the above-mentioned concept, search these cases in

the internet. Read each case and summarize thereafter. Write the summary
of each of the case in a yellow pad paper. Submit the same on or before
September September 4, 2020:

1. People of the Philippines vs. Oanis, 74 Phil. 257

2. People vs. Mabugat, 51 Phil. 967
3. People vs. Cagoco, 58 Phil. 524

The Felony committed must be the proximate cause of the resulting injury.

PROXIMATE CAUSE – is that cause, which, in natural and continuous sequence, unbroken by
any efficient cause, produces the injury, and without which the result would not have occurred.

2nd paragraph of Article 4 defines the so-called “impossible crimes”

Requisites of impossible crimes:
a. That the act performed would be an offense against persons or property;
b. That the act was done with evil intent;
c. That its accomplishment is inherently impossible, or that the means employed is either
inadequate or ineffectual;
d. That the act performed should not constitute a violation of another provision of the
Revised Penal Code.

Felonies against persons:

a. Parricide;
b. Murder;
c. Homicide;
d. Infanticide;
e. Abortion;
f. Duel;
g. Physical Injuries;
h. Rape

Felonies against property:

a. Robbery;
b. Brigandage;
c. Theft;
d. Usurpation;
e. Culpable Insolvency;
f. Swindling and other deceits;
g. Chattel mortgage;
h. Arson and other crimes involving destruction;
i. Malicious mischief
 Lesson for September 7-18, 2020

Art. 5. Duty of the court in connection with acts which should be repressed but which are not
covered by the law. And in cases of excessive penalties. – Whenever a court has knowledge of
any act which it may deem proper to repress and which is not punishable by law, it shall
render the proper decision and shall report to the Chief Executive, through the Department of
justice, the reasons which induce the court to believe that said act should be made the
subject of penal legislation.

In the same way the court shall submit to the Chief Executive, through the Department of
Justice, such statement as may be deemed proper, without suspending the execution of the
sentence when a strict enforcement of the provisions of this Code would result in the
imposition of a clearly excessive penalty, taking into consideration the degree of malice and
the injury caused by the offense.

Basis of paragraph 1, Article 5.

The provision contained in par. 1 of Article 5 is abased on the legal maxim “nullum crimen,
nulla poena sine lege”, meaning “there is no crime if there is no law that punishes the act”.

Art. 6. Consummated, frustrated, and attempted felonies. –

Consummated felony, as well as those which are frustrated and attempted, are punishable.

“A felony is consummated when all the elements necessary for its execution and
accomplishment are present; it is frustrated 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.

There is attempt 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
od some cause or accident other than his own spontaneous desistance.”

Development of a crime:

a. Internal Acts, such as mere ideas in the mind of a person.

b. External acts, cover:
1. Preparatory acts;
2. Acts of execution (attempted, frustrated and consummated)
Elements of Attempted felony:
a. The offender commences the commission of the felony directly by overt acts (there is
external acts);
b. He does not perform all the acts of execution which should produce the felony;
c. The offender’s act is not stop by his own spontaneous desistance;
d. The non-performance of all the acts of execution was due to cause or accident other
than his spontaneous desistance.

Example:

A induced B to kill C. Pursuant to the agreement with A, B commenced the commission of the
crime by shooting C, with intent to kill, but missed and did not injure C. Both A and B are guilty
of attempted felony because of conspiracy. When there is conspiracy, the rule is the act of one
is the act of all.

If there is no wound Or the wound inflicted is not mortal the stage of execution was held to be
attempted.

Overt act – is some physical activity or deed, indicating the intention to commit a particular
crime, more than the 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.

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;
4. By reason of causes independent of the will of the perpetrator.

Example of Frustrated felony:

People v. Honrada, 62 Phil 112. Where the accused stabbed the offended party in the
abdomen, penetrating the liver and in the chest. It was only the prompt and skillful medical
treatment which the offended party received that saved his life.

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

Art. 7. When light felonies are punishable. – Light felonies are punishable only when they
have been consummated, with the exception of those committed against persons or
property.
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 (Art. 9, par. 3)

Light felonies punished by the Revised penal Code:

1. Slight physical injuries

2. Theft
3. Alteration of boundary marks;
4. Malicious mischief
5. Intriguing against honor.

General rule:

Light felonies are punishable only when they have been consummated.

Exception:

Light felonies committed against persons or property, are punishable even if attempted or
frustrated.