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CRIMINAL LAW 1
SECOND SEMESTER
MODULE 1

CRIMINAL LAW 1
MODULE 1

CRIMINAL LAW IN GENERAL, BASIC PRINCIPLES IN CRIMINAL

LAW & FELONIES AND CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY

BY:

ATTY. ALEXANDER M. ANDRES

Instructor

S.Y. 2021-2022 PRELIM MODULED

VERGARA, JHANSSEN IVAN P. BSCRIMINOLOGY 2- BRAVO

MODULE CONTENT

This is a Prelim Module. It contains the following lessons per week

LESSON WEEK TOPICS OBJECTIVES

Criminal law in To know the

1 1 general history of
Criminal law,
Characteristics of
Criminal law &
Basic principles
in criminal law
Criminal law in To know the
1 2 general history of
Criminal law,
Characteristics of
Criminal law &
Basic principles
in criminal law
To know the
2 3 Preliminary Title effectiveness and
application of the
provisions of the
Revised Penal
Code
Felonies and To know how to
 3 4 Circumstances differentiate
which affect felonies from
criminal liability other crimes and
(Art. 3 to Art. 4 the
circumstances
that affect
criminal liability
Felonies and To know how to
3 5 Circumstances differentiate
which affect felonies from
criminal liability other crimes and
(Art. 5 to Art. 7) the
circumstances
that affect
criminal liability

Brief background of the subject:

Criminal law is a very interesting subject not only for law students but for
criminology students as well. It is the most familiar law among the many laws that
we have. To complete the study of criminal law, you need to enroll both Criminal
law 1 and Criminal Law 2. Supposedly, Criminal law 1 is a pre-requisite of
Criminal law 2, which deals with different felonies and their penalties. This subject
will focus on Book 1 of the Revised Penal Code alone, which consists of 113
articles. The discussion is divided into two parts. The first part covers the basic
principles of criminal law and Article 1 up to Article 20 . The second part deals
with penalties consisting of Article 21 to Article 113

Most of your time will be devoted in part 1 of the subject. This is where
your appreciation of the subject will be developed but at the same time, you would
find this part to be very challenging as far as your comprehension is concerned. As
new students of Criminal law, and given our present method of teaching (on-line),
your understanding of this subject depends on how eager you are to learn. There
are portions here that are very difficult to understand and to somehow lessen your
worries, the modules that are designed for you are crafted using a lot of examples,
especially on critical parts, and activities to accomplish in order to gauge your
level of understanding.

For the second part of the course, discussion will center on penalties. Here,
you will learn the theories and principles behind penalties. What are the different
kinds of penalties, and to what crimes they are imposed, are some of the things
that you will encounter in this part.

ACTIVITY NO. 1

In not less than four paragraphs, write your expectations and challenges that
you will encounter in this subject.

1. My hopes for this subject are that I will learn a lot and that I will be able to
broaden my horizons by studying and understanding everything there is to
know about criminal law. I want to learn so that one day I can serve my
people, my community, and my family.

GENERAL CONSIDERATIONS

CRIMINAL LAW IN GENERAL (LESSON 1)

What is Criminal Law?

Criminal Law is that branch of municipal law which defines crimes, treats of their
nature and provides for their punishment.

By knowing the definition of criminal law, you now learn that it is not only about
defining the different crimes that are punishable but, more importantly, is how
each crime is being treated and punished by the state.

Have you heard of some instances that there were two persons who committed the
same crime and yet, they were given different penalties or probably one was
convicted and other one was not penalized because he was considered exempted?
Well, this happened because our criminal law treats every situation of the offender
differently from the others.

HISTORY OF THE REVISED PENAL CODE:

Why Revised Penal Code?
Because the Committed which was created by Administrative Order No. 94 of the
Department of Justice, dated October 18, 1927, was instructed the revise the OLD
PENAL CODE (July 14, 1887-December 31, 1931.

Before the RPC, we have the OLD PENAL CODE (July 14, 1887 –December 31,
1931 It was applied in the Philippines by virtue of a ROYAL ORDER dated
December 17, 1886, wherein it was ordered that the PENAL CODE in force in the
Peninsula be applied in the Philippines. (U.S vs. Tamparong, 31 Phil. 321, the
Supreme Court traced the history of the old Penal Code.

The RPC was approved on December 8, 1930. It took effect on January 1, 1932.

RPC consists of two books:

a) Book One- consists of two parts: (a) Basic principles affecting criminal
liability (Arts. 1-20); and (b) The provisions on penalites including criminal
and civil liability (arts. 21-113)

b) Book Two- Defines penalties with the corresponding penalties classified and
grouped under 14 different tiles (Arts. 114-365)

ACTIVITY NO. 2

In your own personal view, give at least two reasons why criminal law is
very important:
1. Criminal Laws is very important for the society because it controls the
people to do it limitations, specifically when it comes in doing crimes. The
proper implementation and strict rules is very important for us to achieve a
peaceful community where no people are harm and threaten and leads to
confidence to perform different personal and public activities. So that we
have to follow the rules and regulations according to the laws to prevent
crimes. We have to cooperate and know our responsibilities in the society so
that we can create a safe place to live.
 2. Criminal Laws as a result, in order to prevent crimes, we must observe the
laws' norms and regulations. To make the world a safer place to live, we
must work together and understand our societal obligations.

What are the sources of criminal law?

The main source of our criminal law is the Revised Penal Code (RPC), which took
effect on January 1, 1932. It consists of two books ,Book 1 (Art. 1 up to Art. 113)
and Book 2 (Art. 113 up to Art. 367).

Aside from the Revised Penal Code, we also have penal laws that are being
enacted by Congress from time to time.

Why does congress enact special penal law from time to time? As we all know, as
time passes by and technologies are continued to develop, there are changes that
happen, which had never been anticipated to come when the Revised Penal Code
was made. Our penal system must continue to adopt with the present time.
Imagine twenty years ago, our technology was not as high tech as it is today.
Before we did not have crimes such as cyber libel, child trafficking, etc.

How do you differentiate the following terms?

1.Felony
2.Offense
3.Infraction

Felony- if a criminal act is punished under the RPC

Examples: robbery, theft, murder, estafa, libel, etc.

You talk of felony only if we refer to those criminal acts that are punishable by the
Revised Penal Code.

Offense- if an act is being punished by special laws ( a penal laws being enacted
by Congress from time to time).
4

Examples: R.A 9165, R.A 7610, etc.

Violation of ordinance is simply called “Infraction of an ordinance”.

The word “crime” is a generic term which can refer to any violation of penal laws
whether under the Revised Penal Code or Special laws.
What is a crime? It is the commission or omission by a person having capacity, of
any act, which is either prohibited or compelled by law and the commission or
omission of which is punishable by a proceeding brought in the name of the
government whose law has been violated.

● The more common type of incurring criminal liability is by

COMMISSION- which is committing an act prohibited by penal law such
as unlawful killing of a person or stealing personal property belonging to
another. A person can also incur criminal liability by not doing anything
(OMISSION) as when he deliberately fails to perform a specific act which
the law, under a particular circumstance, directs him to perform. Failure to
render assistance to one’s victim of accident is an example of this.

What is the basic rule whether one commits or does not commit a crime?
Answer: If there is no law punishing an act or omission of which a person is
charged, then there is no crime. (Nullum crimen, nulla poena sine lege).

There are no COMMON LAW CRIMES in our jurisdiction- An act can be

considered morally or socially wrong, but of there is no law punishing it, it cannot
be considered as crime. The person who suffered injury or damage through this
reprehensible act can go to court and file a civil suit for damages.

A person’s act may be considered to be immoral, but at the same time, we cannot
consider it as a crime. Example: A person who believes that having a romantic
relationship with a distant relative is perfectly alright. This is immoral, but cannot
be considered a crime since there is no law penalizing it.

ACTIVITY NO. 3

Give at least two more examples of crimes that are committed by means of
OMISSION, and explain why.

1. Illegal gambling means the placing, obtaining, or making of any bet or

wager of money or other consideration or thing of value in the
Commonwealth in exchange for a chance to win a prize, stake, or other
consideration or thing of value regarding the outcome of any game, contest,
or other event who outcome is uncertain or a matter of chance, whether such
game, contest, or event occurs or is to occur inside or outside the
Commonwealth's borders.
 2. Drugs, taking shabu and marijuana are illegal in our country because the use
of illegal substances is not punishable by law in our country no permit to use
it.
5

What is the limitation on the power of Congress to enact penal laws?

Congress, who is vested with the authority to enact penal laws, cannot pass penal
laws in violation of the pertinent provisions of the Constitution. The Legislature
cannot act Ex post facto law nor bill of attainder.

What is Bill of attainder? This a kind of legislation which penalizes an act without
undergoing trial. There is a violation of DUE PROCESS here.

Example: A law which provides that a person who is accused of graft and
corruption for at least three times can now be convicted without trial.

What is Ex post facto law? This is a kind of legislation penalizing an act, which
when committed was not punishable; aggravates a crime, or makes it greater than it
was, when committed.

Example: A law that was recently passed by Congress imposing higher penalty
upon those who committed libel even prior to the enactment of the law.

Give the three (3) characteristics of Criminal Law

1. Generality- Penal law is binding upon all persons who reside or sojourn in
the Philippines, regardless of nationality, age, creed or personal
circumstances.

● An American citizen who is here in the Philippines, regardless of reason, is

bound by our penal laws. If he committed a crime while here in the
Philippines whether against a fellow American or a Filipino, he should be
held liable under our jurisdiction.

Are there exceptions to that rule?

Yes, the rule of general application of penal law does not apply to those cases
so provided by public international law, by treaty stipulations or by a law of
preferential application like the Constitution. Under the principle of public
international law, sovereigns or heads of states, and ambassadors are exempt
from criminal prosecution.
 ● As regards consuls and vice-consuls, their exemption will depend upon a
TREATY STIPULATION

By treaty stipulation:
● Any offense committed by any person within any base, except where the
offender and the offended party are both Philippine citizens (not members of
the armed forces of the USA on active duty) or the offense is against the
security of the Philippines.

By law of preferential application:

Example: R.A No. 75 it is considered a law of preferential application in
favor of diplomatic representatives and their domestic servants.

Persons exempt from the operation of our criminal law by virtue of the
PRINCIPLE OF PUBLIC INTERNATIONAL LAW:
a) Sovereign and other chiefs of state;
b) Ambassadors, ministers plenipotentiary, minister residents, and charges
d’affaires

Are members of Congress immune from suit?

Members of Congress are not liable for libel or slander in connection with any
speech delivered on the floor of the house during a regular or special session.

Whenever we talk of immunity from suit, it means they cannot be charged of the
crime.

The President of the Philippines is immune from suit during his term of office.

If let say, the President, during his term of office, killed somebody. He is liable for
his acts, but he cannot be charged until his term of office is over. So, the criminal
charge against him can only be filed when he is no longer the incumbent president.

Note: As a general rule, jurisdiction of civil courts is not affected by the military
character of the accused. (US vs. Sweet, 1 Phil. 18)
● Civil courts have jurisdiction over murder cases or malversation committed
by persons (members of the Armed Forces of the Philippines) subject to
military law. Provided that in the place of the commission of the crime no
 HOSTILITIES are in progress and civil courts are FUNCTIONING. (Valdez
vs. Lucero, 76 Phil. 356).

Jurisdiction of military courts:

Section 1 of R.A No. 7055-Members of the AFP and other persons subject to
military law, x x x, who commit crimes or offenses penalized under the RPC, other
special penal law, or local government ordinances, regardless of whether or not
civilians are co-accused, victim, or offended parties, shall be tried by the proper
civil courts, EXCEPT when the offense, as determined before the arraignment by
the civil court, is SERVICE ORIENTED , in which case the offense shall be tried
by COURT MARTIAL. PROVIDED, that the President of the Philippines may, in
the interest of justice, order or direct at any time before arraignment that any such
crimes or offenses be tried by the proper CIVIL COURTS.

● Service oriented offenses- These are enumerated in Articles 54 to 70; 72 to

92 ; 95 to 97 of the Articles of War.

Note: The prosecution of an accused before a court martial is a bar to another

prosecution for the same offense. (Marcos and Concordia vs. Chief of Staff, AFP,
89 Phil. 246) (Violation of the principle of DOUBLE JEOPARDY).

2. Territoriality- The law is applicable to all crimes committed within the

limits of Philippine territory, which includes its atmosphere, interior waters
and maritime zone.

● The principle of territoriality means that a rule, penal laws of the Philippines
are enforceable only within its territory.

All criminal acts committed within the Philippine territory must be tried by our
Philippine courts. An American citizen for example who committed a crime while
in the Philippines cannot demand that he must be tried in America.

What consists the Philippine territory?

Art. I of the 1987 Constitution- provides that the NATIONAL TERRITORY

comprises the Philippine archipelago, with all the islands and waters embraces
therein, and ALL OTHER TERRITORIES over which the Philippine has
sovereignty or jurisdiction, consisting of its TERRESTIAL, FLUVIAL, and
AERIAL DOMAIN, including its territorial sea, the sea bed, the subsoil, the
insular shelves, and other submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless of
their breath and dimension, form part of the internal waters of the Philippines.

Maritime Zone- it extends to 12 nautical miles (originally 3 miles) from the

baseline. Beyond the maritime zone is the high seas.

Note: The RPC has territorial and extra territorial application. Extra territorial (See
Art. 2 of the RPC)

3. Prospectivity-The penal law does not have a retroactive effect, which means
it can be applied only to those acts committed after the enactment of the
penal law. It cannot be applied to acts committed prior to its enactment,
except if it is favorable to the accused.

● A penal law cannot make an act punishable in a manner in which it was not
punishable when committed.
Art. 366 of the RPC- Crimes are punished under the laws in force at the time
of their commission.

ACTIVITY NO. 4

Tell what particular characteristic of criminal law is applicable in the following

situations, give your reasons:

1.Jose Mendez is a Mexican national who took a month long vacation in the
Philippines. While in the Philippines, Jose Mendez raped a Mexican woman.
● Jose Mendez will face rape charges under Republic Act 8353, which is an
anti-rape policy that broadened the definition of the crime of rape in order to
update the penal code.

2.In 2010, while cutting a tree within one’s backyard was allowed, Kulas cut two
mahogany trees. In 2012, a law was passed punishing the cutting of a tree without
any permit even if the cutting was done inside one’s property.
 ● The penalty for qualifying theft is determined by the value of the property
stolen, according to the Philippines' Revised Penal Code of 1930. However,
because a tree nowadays is worth at least P50,000, a tree-cutting offense can
result in a maximum sentence of 25 years in prison. In 2010, kulas were free
to cut down trees, so it could not be prosecuted because cutting down trees
was still legal at the time, and when it came up again in 2012, it was
rigorously prohibited because the law on cutting down a tree that even
belongs to it is still in force.
3.An American citizen, while inside the Philippine embassy in the United States of
America, killed a Filipino national.
● Extradition is the transfer of an alleged criminal by one government to
another under the terms of a treaty or statute. If an American citizen kills a
Filipino in our own country, the law of another country will have no effect
on the crime done by their compatriot because the Philippine government
has the authority to dismiss the case of their countrymen regardless of what
their government or lawyer does.

Different effects of REPEAL on penal law:

Repeal means to make the law inexistent by replacing it with another.

1) If the repeal makes the penalty LIGHTER in the new law, the NEW LAW
shall be applied.
Except: When the offender is a HABITUAL DELINQUENT

2) If the NEW LAW imposes a HEAVIER PENALTY, the law in force at the
time of the commission of the offense shall be applied.

3) If the NEW LAW totally repeals the existing law so that the act which was
penalized under the OLD LAW is no longer punishable, the crime is
OBLITERATED.

CASE: PEOPLE vs. TAMAYO (61 Phil. 225)

Facts: The accused was prosecuted for and convicted of a violation of an

ordinance. While the case was pending appeal, the ordinance was repealed by
eliminating the section under which the accused was being prosecuted.

9
Held: The repeal is ABSOLUTE. Where the repeal is absolute, and not a
reenactment or repeal by implication, the offense ceases to be criminal. The
accused must be acquitted.

Other cases:
1. U.S vs. Cuna (12 Phil. 241)- When the new law and the old law penalize the
same offense, the offender can be tried under the old law. Provided, the new
law and the old law carry the same penalty.
2. People vs. Sindiong (77 Phil. 1000)- When the repealing law fails to
penalize the offense under the old law, the accused cannot be convicted
under the new law.

What is SELF-REPEALING LAW?

It is a law that EXPIRES by its own limitation. Example is R.A No. 650-
Forfeiture of goods and commodities imported in violation of the Import Control
Law- The jurisdiction of the Commissioner of Custom to proceed with the
forfeiture proceeding was abated with the expiration of RA 650 on June 30, 1953.

What are the two theories of Criminal Law?

1..Classical Theory- Man is essentially a moral creature with an absolutely free

will to choose between good and evil and therefore more stress is placed upon the
result of the felonious act than upon the criminal himself.

Based on this theory, the person is punished for committing a crime regardless of
the reason or circumstances for as long the criminal act was a consequence of his
freedom of action. Example: If A, because of extreme poverty, stole some grocery
items to be fed to his hungry children, A is still criminally liable.

Other features of Classical theory:

a) The basis of criminal liability is HUMAN FREE WILL and the purpose of
the penalty is RETRIBUTION;
b) It has endeavored to establish a mechanical and direct proportion between
CRIME and PENALTY.
c) There is a SCANT regard to the HUMAN ELEMENT.
2.Positivist Theory- Man is subdued occasionally by a strange and morbid
phenomenon which conditions him to do wrong in spite of or contrary to his
volition.

Under this theory, the condition of the perpetrator of the crime, at the time of its
commission, is being considered before declaring him to be guilty of a crime. The
mental condition of the person is being put as an issue to know whether he is guilty
of a crime. If for example, the person was found out to

10

be insane when he performed the criminal act, he can be absolved of any criminal
liability.

Other feature of Positivist theory :

a) That crime is essentially a SOCIAL and NATURAL phenomenon and as
such, it cannot be treated and checked by the application of abstract
principles of law and jurisprudence nor by the imposition of a punishment,
fixed and determined priori, but rather through the ENFORCEMENT OF
INDIVIDUAL MEASURES in each particular case after a thorough,
personal and individual investigation conducted by a competent body of
psychiatrist and social scientist.

● The RPC is based mainly on principles of the CLASSICAL SCHOOL.

ACTIVITY NO. 5

Based on what you have learned about the two (2) theories of Criminal law, give
your insight why there are acts that are considered crimes and therefore must be
punished.
● According to the classic approach, an individual criminal disobeys the law
and will be punished regardless of whether or not his or her explanation is
 satisfactory. According to the classical conception of crime, society should
apply punishment that is proportional to the crime committed.

PRELIMINARY TITLE (LESSON 2)

ARTICLE 1- The RPC took effect of the First day of January 1932.

ARTICLE 2- Application of the provisions of the RPC

Exceptions to the TERRITORIAL principle of Criminal Law (You will learn that
under this article, there are crimes, although committed outside of the Philippine
territory, that are still being punished by our own penal laws.

Rule: Except as provided in the TREATIES and LAWS OF PREFERRENTIAL

APPLICATION, the provision of the RPC shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime
zone, but also OUTSIDE of its jurisdiction against those who:

11

1. Should commit an offense while on PHILIPPINE SHIP or AIRSHIP.

● A Philippine vessel or aircraft must be understood as that which is registered

in the Philippine Bureau of Customs.

Rules being observed involving vessels or aircraft

a) A Philippine vessel, although beyond 12 miles (maritime zone) from the
seashore, is considered part of the national territory (while on the HIGH
SEAS);
b) When the Philippine vessel or aircraft is in the territory of a FOREIGN
COUNTRY, the crime committed on said vessel or aircraft is subject to the
laws of that foreign country;
c) An offense committed on the HIGH SEAS on board a FOREIGN
MERCHANT VESSEL is not triable by our courts.

● Continuing offense on board a foreign vessel- A continuing crime on board a

Norwegian merchant vessel sailing from Formosa to the Philippines, by
failing to provide stalls for animals in transit in violation of Act. No, 55, is
triable in the Philippines regardless of the fact that the same conditions
 existed when the ship sailed from the foreign port and while it was on the
high seas.
7
d) Offenses committed on board a foreign merchant vessel while on Philippine
water is triable before our court.

Two rules as to jurisdiction over crimes committed aboard foreign merchant

vessels:

1) FRENCH RULE- Such crimes committed on board foreign merchant vessel

while in a foreign territory are not triable in the latter’s court , unless the
commission of the crimes affect the PEACE and SECURITY of the territory
or the SAFETY of the state is endangered.

2) ENGLISH RULE- Such crimes committed on board foreign merchant vessel

while in a foreign territory are triable in that country, unless they merely
AFFECT THINGS within the vessel or they refer to the INTERNAL
MANAGEMENT thereof.

Note: We observe the English Rule.

Do the Philippine courts have jurisdiction over the crimes of HOMICIDE

committed on board a FOREIGN MERCHANT VESSEL by a member of the crew
against another?
Yes, the commission of the crime disturbs not only the PEACE of the ship or those
on board but a disturbance also of the PUBLIC PEACE. (People vs. Wong Cheng,
46 Phil. 729).

POSSESSION OF OPIUM vs. SMOKING OF OPIUM while on board a

FOREIGN MERCHANT VESSEL in TRANSIT in the Philippines.
12

● Possession of opium not triable by the Philippine court but SMOKING

OPIUM since it constitutes PUBLIC ORDER is triable by our court.

R.A No, 9372-Human Security Act has EXTRA-TERITORIAL APPLICATION.

2. When the offender should FORGE or COUNTERFEIT any coin or currency

note of the Philippines or obligations and securities issued by the
Government.
 3. Should be liable for acts connected with the INTRODUCTION into the
Philippines of the OBLIGATIONS and SECURITIES issued by the
Government of the Philippines.

4. While being PUBLIC OFFICERS or EMPLOYEES, should commit an

offense in the EXERCISE of their functions;

5. Should commit any of the CRIMES AGAINST NATIONAL SECURITY

AND THE LAW OF NATIONS, defined in Title One of Book Two of the
RPC.

ACTIVITY NO. 6

Based on those provided under Art. 2 of the Revised Penal Code, cite at least four
(4) instances, by way of giving an example, wherein the crime was committed
outside of the Philippine territory and yet the perpetrator can be tried under our
Philippine law.

1. Fraud is an intentionally deceptive action designed to provide the perpetrator with an

unlawful gain or to deny a right to a victim. An example of fraud is an online cockfight
that rips video from WPC of the world's greatest cockfights and posts it on another link
to deceive people. The license, the Stolen Tax Refund, and the voting of candidates are
all examples of fraud.

2. Homicide means the killing of a man by a man. Homicide occurs when a criminal
kills a person with a sharp object such as a knife, machete, gun, or other weapon.

3. Drug related offenses to put it plainly, it's illegal to use, possess, manufacture, or
distribute substances that have the potential to be abused. Cocaine, heroin,
marijuana, and amphetamines are all drugs that have the potential to be abused.

4. Sexual Assault is when a criminal has lust for a lady and is able to touch her,
this is an example of sexual assault. The rape of minors, not just minors, but all
women, is an example of this. Many examples are currently occurring in our
country, not only in the Philippines, but also in other countries. As a result, I can
say that one of the sexual assault laws in our country may be credited to us.
 13

FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL

LIABILITY (LESSON 3)

ARTICLE 3- Acts and Omission punishable by law are felonies (DELITOS)

How are felonies committed?

Felonies are committed in two way-

a) By means of DOLO- which means there is deceit, it has three elements,

namely: 1. Knowledge, 2. Freedom and 3. Criminal Intent- The presumption
of Criminal Intent may arise from the proof of the criminal act and it is for
the accused to rebut it.

Dolo- it is intentional, it involves malice to cause injury to another

Example: If Jose killed Pedro by stabbing him at the back when the latter
was not doing anything against him.

What is INTELLIGENCE (knowledge)?

It is the MORAL CAPACITY to determine what is RIGHT from what is WRONG
and to realize the CONSEQUENCES of one’s act.
● Intelligence is, therefore, negative by MINORITY (15 and below),
INSANITY and IMBECILITY ( all are considered EXEMPTING
CIRCUMSTANCES).

Examples of felonies committed by DOLO- Murder, Rape, Robbery, etc.

Never forget, that before we can totally say that a person is criminally liable, we
need to establish the presence of the following in the acts of the person:

a. Knowledge- That a person possesses the intellectual capacity to distinguish

the right from wrong. He can understand the significance of his acts.
b. Freedom- That the person acted voluntarily or nobody put restraint on his
freedom of action. If a person was merely forced by somebody to commit a
 crime, he can use that as a defense in order to be exempt from any criminal
liability.
c. Intent- That the person, knowing the act to be a crime, still performed an act
in violation of the law.

What is the effect if one of those elements is missing in the act of the person?
The person who committed the crime can be exempted from criminal liability. For
instance, the person lacks the intelligence or was insane when he committed the
crime.

14

b) By means of CULPA- which means there is fault, it has three elements,

namely: 1. Knowledge, 2. Freedom and 3. Negligence, lack of foresight or
skills.

Culpa-it is not intentional; there is DEFICIENCY OF ACTION

● Both DOLO and CULPA are voluntary

Examples of felonies committed by CULPA- Reckless Imprudence Resulting to

Homicide

Please take note that in crimes committed by means of culpa, the offender lacks
criminal intent. He is being penalized however because of his negligence or lack of
foresight.

What is INTENT?
It is presumed from the commission of an UNLAWFUL ACT. It is negative by
MISTAKE OF FACT.

Note: The accused has the burden to rebut this presumption.

● INTENT- It is a mental state, the existence of which is shown by the overt

act of a person. Example: If Jose took the watch of Pedro without the
latter’s knowledge or consent.

Two kinds of Intent

 1. General Intent- It is presumed. Example: If A was in possession of stolen
property, the general presumption is he was the one who stole it.

2. Specific Intent- This must be proved as it is an element of a felony.

Example: INTENT TO KILL if the charge is Frustrated homicide.

Are INTENT and MOTIVE the same? No, because Motive is the reason which
impels one to commit an act for definite result. Motive is not an element of the
crime unlike Intent, which is an element of the crime. Motive is important only
when the identity of the culprit is in doubt.

May a crime be committed WITHOUT CRIMINAL INTENT?

Yes, in two ways:
a) Felonies committed by means of CULPA;
b) Offenses punishable as MALA PROHIBITA- Example is Illegal Possession
of unlicensed firearm.

What is MISTAKE OF FACT? It is an act or omission which is the result of a

misapprehension of facts that is voluntary but not intentional. This is a kind of
defense in criminal cases, which if proved to be existing will exonerate the accused
from any criminal liability. The person who is being
15

charged of a crime has acted in good faith and there is no negligence on his
part.

Case: U.S vs. Ah Chong 15 Phil. 488- The circumstance of the stabbing of the
victim whom the accused believed to be an intruder showed a mistake of fact due
to GOOD FAITH. The accused was exonerated.

In another case of PP vs. Fernando, 49 Phil. 75- Mistake of Fact was not applied
to the accused since he did not first verify the identity of the victim before firing at
him, considering he had the opportunity to do so.

Mistake of Fact is entirely different from Ignorance of the law.

The principle involves in Mistake of Fact does not apply to the following
situations.
 1. Aberratio Ictus or Mistake in the identity of the victim- A planned to kill B,
but he had instead mistakenly killed C, the twin brother of B. A is still liable
for the death of C
2. Mistake in the blow- A aimed his gun at B, his main target, But the bullet hit
C, who was seated beside B. A is criminally liable for the death of C.

ACTIVITY NO. 7

You have been hearing a lot about the legal saying “IGNORANCE OF THE LAW
EXECUSES NO ONE, in your understanding what makes “MISTAKE OF FACT”
differ from that legal saying?
● In my opinion, a mistake of fact occurs when a person commits a crime but
it is his property. For example, suppose a mother took her child and left it
with his cousin for a long time because she went abroad, but she left his son
with his cousin who had already named the child by their surname and
charged him with theft or seizure from them. I believe the biological mother
has the right to take the child, but our legislation states that it must be
followed.

What is Mala in se and Mala prohibita?

Mala in se- is wrong from its very nature as those felonies punished in the Revised
Penal Code. Examples: Murder, Robbery and Rape. Intent is an element and
good faith is a defense.

Mala prohibita- it is wrong because it is prohibited by law. Examples: Violation of

RA 9165 and Illegal possession of firearms. Without the law punishing the act, it
cannot be considered a WRONG.

16

ACTIVITY NO. 8

Tell whether the following would fall as mala prohibita or mala inse and why.

1.A took the watch of B, without Bs knowledge, and sold it later to C for
P5,000.00]
 ● Mala Inse

2.Jose bought from Cesar a gun without license with a purpose of using it for his
own self defense.
● Mala Prohibita
ARTICLE 4

How is Criminal Liability incurred?

1. By any person committing a felony although the wrongful act done be

different from that which he intended.

Example: A punched B on his head without any reason. A had not intention
to kill B, but he is still liable for the death of B.

Two elements are required:

a) A felony is committed; and
b) The wrong done must be the DIRECT, NATURAL and LOGICAL
CONSEQUENCES of the felony committed even though different from that
intended.

Case: U.S vs. Valdez, 42 Phil. 497- A victim who jumped into the river and was
drowned because he was threatened or chased by the accused with a knife is liable
for the death of the victim.

What is the rule regarding criminal liability in case of a felony committed even
though the wrongful act done be different from that intended?
“El que es causa de la causa del mal causado” ( HE WHO IS THE CAUSE OF
THE CAUSE IS THE CAUSE OF THE EVIL CAUSE and one is liable for all the
DIRECT and NATURAL CONSEQUENCES of his UNLAWFUL ACT, even if
the ULTIMATE RESULT HAD NOT BEEN INTENDED)

17

Case: PP vs. Ulep, G.R 36858, 20 June 1988- Even if the victim is suffering from
internal ailment, liver or heart disease, if the blow delivered by the accused (a) is
the efficient cause of his death, or (b) accelerated his death; or (c) the proximate
cause of death, then there is criminal liability.

Note: The act committed must be FELONY. The rule does not apply to felonies
committed by CULPA because there is no criminal intent.

Two situations:

a. If one fired in self-defense at his aggressor, who was, however, not hit, and
instead an innocent bystander was hit, killing him, there is no criminal
liability because the act committed is LAWFUL. (Element No. 1)

b. The person acting in self defense fired indiscriminately, despite being aware
that there were some innocent persons present, and hit some
bystanders, the person is liable because there was negligence on his part.

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.
(Impossible crime)

What are the elements of IMPOSSIBLE CRIME (Art. 4 (2))?

a) Acts are performed which would be a CRIME against PERSONS or
PROPERTY;
b) There is CRIMINAL INTENT;
c) It is NOT ACCOMPLISHED because of INHERENT IMPOSSIBILITY or
because the MEANS employed is INADEQUATE or INEFFECTUAL.

Reason for punishing Impossible crime- Because the offender subjectively is a

criminal although objectively no crime is committed.

Note: If the acts performed constitute ANOTHER DISTINCT FELONY, an

impossible crime is not committed because objectively a crime is committed.
Example: If the accused administered abortive drugs upon his girlfriend whom he
believed to be pregnant, which turned out not to be true, but the woman became ill
for more than 30 days, the accused will be liable for serious physical injuries and
not for an impossible crime.
 ● There is NO FRUSTRATED or ATTEMPTED impossible crime because in
an impossible crime the acts performed are believed by the accused to be
capable of consummation as an offense against person or property.

18

Important: It is essential that the offender SHOULD HAVE BELIEVED the person
he stabbed WAS NOT DEAD, or the MIXTURE was really a poison, otherwise
there would be no criminal liability for an impossible crime, as evil intent, would
be absent.

Two kinds of impossibility:

a) Factual Impossibility- it occurs when EXTRANEOUS circumstances
UNKNOWN to the actor or beyond his control prevents the commission of
the intended crime. Ex. The man who put his hand in the coat pocket of
another with the intention to steal the latter’s wallet and finds the pocket
empty.
b) Legal impossibility- it occurs where the intended acts, eve if completed,
would not amount to a crime. Example: The impossibility of killing a person
who was already dead.

ACTIVITY NO. 9

Give at two (2) examples of impossible crimes. Do not use the examples which are
already used in this module.

1. When there is an agent who has too much wealth and already has a lot of money
in online cockfighting, one of his customers can conduct a crime and upload it to
him as an example of an impossible crime. His holdup to his agency is an example
of an impossible crime.

2. Another example of an impossible crime is when two groups of people are

playing basketball on the barangay court and both groups get hot. They can punch
and stab each other, resulting in bodily injury.

ARTICLE 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.
Duties of the court under the following situations:
a) The act charged is not punished by law which the court deems proper to
repress.
The court is to render a proper decision, which is the DISMISSAL of the
case. The court, in its decision, should state in its recommendation to the
Chief Executive, through the Secretary of Justice, the reason why the act
should be made the subject of PENAL LEGISLATION.

b) In case of EXCESSIVE PENALTY

The court should impose the penalty provided by law in case it finds the
accused guilty but it should also submit a statement to the Chief Executive,
through the Secretary of Justice, recommending executive clemency or such
recommendation it may deem proper
19

ARTICLE 6- Stages of Execution of a Felony

ATTEMPTED FELONY – There is an attempt when the offender commences the

commission of the 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.

Distinction between Subjective and Objective Phases of Felony

Subjective Phase- is that portion of the execution of the crime starting from the
point where the offender begins up to that point where he still has control of his
acts. If it reaches the point where he has no more control over his acts, the
subjective phase is passed.

Objective Phase- is the result of the acts of the execution, that is, the
accomplishment of the crime. If the subjective and objective phases are present,
there is a consummated felony.

Development of Crime-A crime consists of internal and external acts. Internal acts
are not punished. External acts refer to preparatory acts and acts of execution.

● Preparatory acts are not punishable unless these acts are punished in
themselves as independent crimes. Ex. Conspiracy to commit rebellion or
Proposal to commit rebellion.
 ● Overt acts- is some physical activity or deed, 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.

-Raising a bolo as if to strike the offended party with it is not an overt act of
homicide. But it is an overt act of threatening somebody with a weapon.

Note: There are felonies where, because of their nature or the manner of
committing them, the overt acts are not performed with bodily movement or by
physical activity. Thus, a proposal consisting in making an offer of money to
public officer for the purpose of corrupting him is the overt act in the crime of
corruption of public officer ( U.S. vs. Gloria, 4 Phil. 341).

The external acts must have a direct connection with the crime intended to be
committed by the offender.

20

In attempted robbery for example- In order for the act of the offender to be
considered as an attempted robbery, there must be showing that there was an
attempt on his part to take a personal property belonging to another.

Ex. When a person who after breaking the window and before entering the house
was caught, he is not guilty of attempted robbery with force upon things but either
Malicious Mischief or Attempted Trespass to Dwelling.

● Indeterminate offense- It is one where the purpose of the offender in

performing an act is not certain. Its nature in relation to its objective is
ambiguous.

Case: People vs. Lamahang 61 Phil. 703- The offender was caught inside the
house of another, but his criminal objective or purpose was not known, because it
may be to rob, to cause physical injury to the inmates or to commit any other
offense .
Note: The intention of the accused must be viewed from the nature of the acts
executed by him, and not from his admission.

Ex. If the accused pointed a gun to the victim and afterwards he left. During the
investigation, the accused admitted that his intention was to kill the victim when he
pointed the gun, but it so happened that he changed his mind before he pull the
trigger, is the accused liable for Attempted Homicide? No,

*Directly by overt acts- The offender must commence the commission of the
felony by taking direct part in the execution of the act.

Proposal to commit murder- If A proposed to B the killing of C, and B refused to

do it. Is there an attempt on the part of A? Yes, but it is not for attempted murder.
Because the attempt was not done directly with physical activity. The inducement
made by A is in the nature of a proposal.

* Does not perform all the acts of execution- If anything yet remained for him to
do, he would be guilty of an attempted crime.

Cases: People vs. Aban G.R No. 1344-R, November 30, 1954, The victim was not
killed by the accused who was aiming a knife at him with intent to kill him because
of the timely intervention of a person who snatched the knife from his hand,
People vs. Calalo, 59 Phil. 715, The victim was not hit by the accused who fired
four shots because of poor aim.

* By reason of some cause or accident – In attempted felony, the offender fails to

perform all the acts of execution which should produce the felony because of some
cause or accident.

21

Distinguish this from Impossible crime- In Attempted felony, the intent of the
offender is possible of accomplishment, while in impossible crime, the evil intent
of the offender cannot be accomplished.
 A tried to snatch the cellphone of B. When A was already holding the cellphone
but before he could completely take it away from the hand of B , his hand was
grabbed by C. At the police station, A discovered that the cellphone he intended to
snatch belonged to him. Is A liable for Attempted theft? No.

Attempted Rape- There must be no penetration, even slight penetration of the labia
or lips of the female organ, the rape is consummated.

Case: People vs. Brocal 36 O.G. 856- The accused with intent to lie with the
victim as when he threw her on the ground and then placed himself on top of her
after raising her dress but did not succeed in his intent because of the resistance of
the victim. Attempted rape is committed.

Note: The ruling made by the Supreme Court in the case of People vs. Dino, 45
O.G 3446, is superseded by the latest decisions of the SC in the cases of People vs.
Obillo, 411 Phil. 139, People vs. Bernabe, 448 Phil. 269, where it was held that the
unlawful taking is deemed complete from the moment the offender gains
possession of the thing, even if he has no opportunity to dispose of the same.

FRUSTRATED STAGE- 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.

● The act of the offender passed the subjective phase, but the result was not
accomplished.

Note: In frustrated homicide or murder, the wound inflicted upon the victim must
be mortal.
-What if the victim was wearing a bullet proof, he was shot right on his body
where a bullet proof was covered. Thinking that the victim, who pretended to have
been hit, was already dead, the accused left him. Is this impossible crime,
attempted murder or frustrated murder? This is attempted murder

- A mixed the poison with the food of his wife. The wife ate the food, but A, upon
seeing his wife in pain, took pity and brought her to the hospital. On time, the wife
was given the antidote, she survived. Is A guilty of frustrated parricide? No. But A
can be held liable for Serious Physical Injury

● If the crime is not produced because the offender himself prevented its
consummation, there is no frustrated felony.
 22

CONSUMMATED STAGE-When all the elements necessary for its commission

and accomplishment are present. Nothing is left to be done on the part of the
offender as he accomplished his criminal intention.

● In the crime of Arson, for the crime to be consummated it need necessary

that the structure be totally or substantially be burned, it’s enough that a
portion of it, no matter how small it is, is burned.
● In Rape, slight penetration of the penis into the vagina is enough to
consummate the crime.

When is the crime of theft in the ATTEMPTED, FRUSTRATED or

CONSUMMATED stage?

Consummated- When the unlawful taking is complete and the article has come
under the final control & disposal of the offender.

Frustrated- If the offender is caught before the actual taking of the thing, after
having performed all the acts of execution or the offender has FINAL CONTROL
& DISPOSAL of the thing. (People vs. Dino CA 45 O.G 3446)- About the
checkpoint.

Attempted- When the offender is caught while he was holding the article and
before he put it under his final control and disposal.

MANNER OF COMMITTING THE CRIME

● Formal crimes-consummated in one instant, no attempt, such as Slander and

False Testimony
● Crimes consummated by mere attempt or proposal or by overt act such as
Flight to enemy’s country, Corruption of minors
● Felony by Omission-There can be no attempted stage when the felony is by
omission, because in this kind of felony the offender does not execute acts.
He omits to perform an act which the law requires him to do.
● Crimes requiring the intervention of two persons to commit them are
consummated by mere agreement. Ex. Corruption of Public officer
● Material crimes-There are three stages of execution
ARTICLE 7- When light felonies are punishable

Light felonies are punishable only when they have been CONSUMMATED, with
the exception of those committed against PERSON or PROPERTY.

● Light felonies- are those infraction of the law for the commission of which
the penalty of ARRESTO MENOR or a FINE not EXCEEDING 200 or
both, is imposed. (Art. 9)

END OF MODULE 1