PPT1
Yutu
CRIMINAL LAW with CYBERCRIME
LESSON 1: CRIME,CRIMINAL LAW
Crime, defined
It is an act committed or omitted in violation of a public law
forbidding or commanding it (REYES, Book 1)
Criminal law, defined
Is a branch of law which defines crimes, treats of their nature
and provides for their punishment
(REYES, Book 1)
Q:Can there be a crime if there is no law punishing it?
A: No. “Nullum crimen,nulla poena sine lege”.
As a rule, there is no crime,when there is no law punishing
it.
Legal Basis of Punishment
❑ Police Power of the state
❑ It is the injury inflicted to the public not to individual
“People of the Philippines versus “the offender”.
Objective of punishment
❑ Absolute theory- is to inflict punishment as a form of
retributive justice; to put an end to the criminal activity
❑ Relative theory – is to prevent the offender from further
offending public right or right to repel an imminent or
actual regression
(PALATTAO,Book 1)
Mala in se vs Mala prohibita, defined
Mala in se- refers to felonies defined and penalized by the
Revised Penal Code
• Exception when the acts are inherently immoral are
considered mala in se even punished by special laws
• Criminal intent must be established otherwise no crime
is committed
(Garcia vs CA)
Mala in se vs Mala prohibita, defined
Mala prohibita- the criminal acts are not inherently immoral but
become punishable only because the law says they are
forbidden.
• Criminal intent is not necessary
• Acts are prohibited by reason of public policy
(Discuss the case of Garcia vs CA)
Distinguish Mala in se from mala prohibita
• Case analysis:
Mr. Carlos Yutu , a custom guard and Mr. Rico Yuan, a private
individual went to the office of Raymart More, a custom broker
and represented themselves as agents of Moonscam
Enterprises, an importer of apparel. Mr. Yutu and Mr. Yuan
engaged the services of Mr. More to prepare and file with the
Bureau of Customs the necessary Import Entry and Internal
Revenue Declaration covering Moonscam’s shipment. Mr.
and Mr.Yuan submitted a packing list , a commercial invoice, a
bill of lading and Sworn Import Duty Declaration which contained
that the shipment is an apparel. The taxes and duties were
computed based on the declaration. However, before the
shipment was released, a spot check was conducted by
Custom’s agent who discovered that the contents of the
shipment is different from those items declared ,which taxes and
duties is far beyond the previous computation. A hold order and
warrant of seizure and detention were then issued by the
Collector of customs . Further investigation showed that
Moonscam Enterprises is non-existent. Consequently, Mr. Yutu
and Mr. Yuan were charged and convicted for violation of Sec3e
of RA 3019 which makes it unlawful among others for public
officers to cause any undue injury to any party including the
government in the discharge of official functions through
manifest impartiality evident bad faith or gross and inexcusable
negligence. In their motion for reconsideration, the accused
alleged that the decision was erroneous because the crime was
not consummated but was only at an attempted stage, and the
fact the government did not suffer any injury.
• Question: Is the contention of the accused correct?
• Answer:
Yes the contention of the accused that the crime was not
consummated is correct. RA 3019 is a special law punishing
acts is mala prohibita, as a rule, attempted violation is not
punished , actual injury is required.
• Intent vs Motive
• INTENT
➢ is the purpose for which a particular means to achieve
the desired result
• MOTIVE
➢ is the moving power which impels a person to act for
a definite result
• Q: May a crime be committed without an intent?
• A: Yes, a crime may be committed without a
criminal intent if such is a culpable felony ,where
intent is substituted by negligence or imprudence
• Interpretation of Penal Laws
• In case of doubts or ambiguity in the language used
>> Penal laws are to be construed strictly against the state and
liberally in favor of the accused
Q: What is the purpose of the liberal construction in favor
of the accused?
• Interpretation of Penal Laws
A: The purpose is not to enable the accused to escape from
punishment through technicality but to provide a precise
definition of forbidden acts
• PRO REO PRINCIPLE, defined
• The fundamental principle in applying and in
interpreting criminal laws is to resolve all doubts in
favor of the accused. In dubio pro reo.
>When in doubt, rule for the accused.
• Basis?
Constitutional guarantee that the accused shall be presumed
innocent unless and until his guilt is proven beyond reasonable
doubt.
• RULE OF LENITY, defined
• The rule is when the court is faced with two possible
interpretations of a penal statute, one that is prejudicial
to the accused and another is favorable to the accused.
The rule calls for the adoption of the interpretation
which is more lenient to the accused.
PPT2
LESSON 2: CRIMINAL LAW
FUNDAMENTALS AND ESSENTIALS
Theories in Criminal Law
1. Classical or Juristic Theory
➢ The basis of criminal liability is human free will and the
purpose of the penalty is retribution
➢ Man is essentially a moral creature with an absolutely
free will to choose between good and evil thereby
placing more stress upon the effect or result of the
felonious act than upon the man, the criminal himself
Theories in Criminal Law
2. Positivist or Realistic Theory
➢ Man is subdued occasionally by a strange and morbid
phenomenon which constrains him to do wrong, in
spite of or contrary to his volition
➢ The purpose of penalty is reformation
Theories in Criminal Law
3. Eclectic or Mixed Theory
➢ A combination of classical and positivist theories
➢ Our code is eclectic
Effectivity
Article 1,RPC:
This code shall take effect on the First day of January nineteen
hundred and thirty-two ( January 1, 1932).
Characteristics of Criminal Law
1. General
2. Territorial
3. Prospective
Characteristics of Criminal Law
1. General Penal laws and those of public security and
safety shall be obligatory upon all who live and sojourn
in the Philipiine territory, subject to the principles of
Public International law and to treaty stipulations , Art.
14, NCC
Characteristics of Criminal Law
❖ Exceptions to the General Application of Criminal
Law
1. Treaties or Treaty of Stipulations (RPC, Art. 2)
• US- RP Bases Agreement
• RP-US Visiting Forces Accord
2. Law of Preferential Application
• RA No.75 penalizes acts which would impair the
observance by the Republic and inhabitants of the
immunities,rights and privileges of duly-accredited
foreign diplomatic representatives in the Philippines
(REYES,Book1)
Characteristics of Criminal Law
❖ 2. Law of Preferential application
What the Law Prohibits
Sec. 4. Any writ or process issued out or prosecuted
by any person in any court of the Republic of the Philippines, or
by any judge or justice whereby the person or any ambassador
or public minister of any foreign State,authorized and received
as such by the President, or any domestic servant of any such
ambassador or minister is arrested or imprisoned or his goods
or chattels are distrained,seized or attached, shall be deemed
void, and every person by whom the same is obtained or
prosecuted, whether as party or as attorney and every officer
concerned in executing it, shall upon conviction, be punished by
imprisonment for not more than three years and a fine of not
exceeding two hundred pesos in the discretion of the court.
Characteristics of Criminal Law
❖ 2. Law of Preferential application
Exceptions:
a. Citizen or inhabitant of the Republic of the Philippines
provided:
i. in the service of the ambassador or minister
ii. Process is founded upon a debt
iii. The debt is contracted before he entered upon
such service RA No.75 Sec.5
b. Domestic servants of an ambassador or a public
minister unless:
i. name of the servant has been registered in the DFA
ii. Such registration was made before the issuance of
the process against the servant (RA 75 ,Sec 5)
Characteristics of Criminal Law
❖ 2. Law of Preferential application
Not applicable when the foreign country adversely affected does
not provide similar protection to our diplomatic representatives
(RA No.75 Sec 7)
Characteristics of Criminal Law
❖ 2. Principles of Public International Law
❖ Ref:Civil Code, Art. 14
The following persons are not subject to the
operation of our criminal laws:
a. Sovereigns and other heads of state
b. Charges d’affaires
c. Ambassadors
d. Ministers plenipotentiary
e. Ministers resident
f. The basis for granting immunity for diplomatic heads is
par in parem, non habet imperium- that all States are
sovereign equals and cannot assert jurisdiction over
one another (BOADO)
g. >> Consuls, vice-consuls and consular officials do not
enjoy immunity because they merely represent their
state’s commercial ,mercantile or business interest
h. >>> The doctrine of immunity from suit does will not
apply and may not be invoked where the public official
is being sued in his private and personal capacity as
an ordinary citizen
Characteristics of Criminal Law
❖ 2. Territorial
❖ Criminal laws undertake to punish crimes committed
within the Philippine territory ( REYES, Book One)
❖ General Law: Penal laws of the Philippines have force
and effect only within its territory
Characteristics of Criminal Law
❖ What comprises our National Territory?
▪ Ref : 1987 Constitution Art. 1
-The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of
its terrestrial , fluvial and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular
shelves and other submarine areas. The waters
around ,between and connecting the islands of the
 archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the
Philippines
Characteristics of Criminal Law
❖ Extraterritoriality Principle
Ref : Art. 2 ,RPC
1. Should commit an offense while on a Philippine ship or
airship
2. Should forge or counterfeit any coin or currency note
of the Philippines of obligations and securities issued
by the Philippine government
3. Should be liable for acts connected with the
introduction into the Philippines of obligations and
securities issued by the Philippine government
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
Characteristics of Criminal Law
❖ Prospectivity
▪ General Rule: Criminal law cannot penalize an act
that was not punishable at the time of its
commission (AMURAO, Book One)
▪ As provided in Art. 366, RPC, crimes are punished
under the laws in force at the time of their
commission (REYES, Book One)
▪ Exception: Whenever a new statute dealing with
crime establishes conditions more lenient or
favorable to the accused, it can be given
retroactive effect (ld. At 15)
Characteristics of Criminal Law
❖ Prospectivity
Exceptions to the Exception:
1. Where the new law is expressly made inapplicable to
pending actions or existing causes of action (Tavera
vs Valdez, G.R. No. 922 November 8, 1902, as cited
in REYES, Book One)
2. Where the offender is a habitual criminal (RPC, Art.
22)
Test your knowledge!
Hypothetical case:
Jun, married to Juana,contracted another marriage with Fe in
Thailand. Thereafter, Jun and Fe returned to the Philippines and
lived as husband and wife in the hometown of Abe in
Calamba,Laguna
Q: Can Jun be prosecuted for bigamy?
Test your knowledge!
Schenecherberger v. Moran,63 Phil.250:
A German Consul accredited to the Philippines while driving his
car recklessly and imprudently along Edsa bumped a pedestrian
who was crossing the street and later died as a consequence.
The Consul was prosecuted in Court for the crime of homicide
thru reckless imprudence, the Consul claimed immunity from
suit. Is his defense tenable? Why?
Test your knowledge!
Answer:
No, his defense is not tenable.Under the principle of
international law, only sovereigns or heads of
states,ambassadors, ministers plenipotentiary and ministers
residents enjoy diplomatic immunity. Consults do not.
Test your knowledge!
Case:
A public officer is in a foreign country, by the nature of his office,
he has access to information which is confidential and relevant
to the preservation of the Philippine government. He is
supposed to keep secret, however he disclosed the same to
another person. Can he be prosecuted under Art.2 of the RPC?
Test your knowledge!
Answer:
YES, he violated the trust, he is not allowed to take refuge on a
claim that the crime was committed outside the Philippine
territory
PPT3
Ex post facto Law
A law which:
❖ Makes criminal an act done before the passage of the
law and which was innocent when done, and punishes
such an act
❖ Aggravates a crime, or makes it greater than it was,
when committed
❖ Changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed.
❖ Alters the legal rules of evidence and authorizes
conviction upon less or different testimony than the law
required at the time of the commission of an offense.
❖ Assumes to regulate civil rights and remedies only, in
effect imposes penalty or deprivation of a right for
something when done was lawful
❖ Deprives a person accused of a crime some lawful
protection to which he has become entitled, such as
the protection of a former conviction or acquittal or
proclamation of amnesty
BILL OF ATTAINDER
❖ A legislative act that inflicts punishment without judicial
trial, its essence being the substitution of legislative fiat
for a judicial determination of guilt (BOADO)
❖ No person shall be held to answer for a
criminal offense without due process of law
(CONST.Art.III, Sec.14,par.1)
❖ It should not impose cruel and unusual
punishment nor should it impose excessive
fines (CONST.Art.III, Sec.19,par.1)
FELONIES, defined
❖ Acts and omissions punishable by the Revised Penal
Code (RPC,Art.3)
OFFENSES, defined
❖ Crimes penalized by Special laws (BOADO)
ELEMENTS OF FELONIES
1. There must be an act or omission ,an external act
➢ Act- any bodily movement tending to produce some
effect in the external world.
 ➢ Omission-there is a law requiring a certain act to be >> when the offender is an imbecile,insane,or 15 yrs or under
performed and the person required to do the act fails ❖ INTENT- is a mental state, the existence of which is
to perform it. shown by the overt acts of a person
2. The act or omission must be punishable by RPC >> when there is a lack of intent, the act is justified.
➢ Rationale: Nullum crimen, nulla poena >> the offender incurs NO criminal liability
3. The act is performed or the omission is incurred by means of >> existence of insuperable cause or lawful cause,commission
dolo (malice) or culpa (fault) by mere accident
CLASSIFICATION OF CRIMES CLASSIFICATION OF CRIMES
a. As to commission (RPC., Art.3) REQUISITES
i. Dolo- felonies committed with deliberate intent. ❖ CRIMINAL INTENT is NECESSARY because:
ii. Culpa-those committed by means of default 1. Actus non facit reum nisi mens sit rea
iii.Crimes penalized by special laws,municipal and city ▪ The act itself does not make a man guilty unless his
ordinances intentions were
b. As to stages of execution 2. Actus me invito factus non est meus actus
i. Attempted ▪ An act done by me against my will is not my act
ii. Frustrated CLASSIFICATION OF CRIMES
iii. Consummated ❖ CULPABLE FELONIES
CLASSIFICATION OF CRIMES >> the act or omission is not malicious
b.1 Related to stages of execution are: >> the injury caused by the offender to another is unintentional
i. Formal felonies- those which are always consummated REQUISITES:
because the offender cannot perform all the acts 1. Freedom
necessary for their execution without consummating 2. Intelligence
the offense 3. Negligence,imprudence or lack of foresight or lack of
ii. Material felonies- those who have various stages of skill
execution CLASSIFICATION OF CRIMES
iii. Crimes with no frustrated stage- such as ❖ NEGLIGENCE
rape,arson,theft and robbery >> indicates a deficiency of perception
CLASSIFICATION OF CRIMES >> failure to pay proper attention and to use diligence in
c. As to gravity (RPC,Art.9) foreseeing the injury or damage impending to be caused;usually
i. Grave felonies- those which the law attaches the involves lack of foresight
capital punishment or penalties which in any of their ❖ IMPRUDENCE
periods are afflictive >> Indicates a deficiency in action
ii. Less grave- those to which the law punishes with >> failure to take the necessary precaution to avoid injury to
penalties which in their maximum period is correctional person or damage to property
iii. Light – those infractions of law for the commission of >> usually involves lack of skill
which the penalty is arresto menor or a fine not
exceeding P40,000.00 LESSON 4: CRIMINAL LAW
CLASSIFICATION OF CRIMES Criminal Liability
d.As to count Criminal Liability: How incurred?
i. Composite Art.4,RPC,par.1
ii. Compound ❖ shall be incurred by any person committing a felony
iii. Complex (delito) although the wrongful act done be different
iv. Continued from that which he intended.
v. continuing ❖ Rationale: El que es causa de la causa es causa del
CLASSIFICATION OF CRIMES mal causado-”He who is the cause of the cause is the
AS TO MEANS: cause of the evil caused” (People v. Ural, GR.No. L-
❖ INTENTIONAL FELONIES- the act is performed or the 30801,March 27,1974)
omission is incurred with deliberate intent or malice to
cause an injury to another Criminal Liability: How incurred?
Requisites: Requisites:
a. Freedom 1. That an intentional felony has been committed
b. Intelligence 2. That the wrong done to the aggrieved party be the
c. Intent direct, natural and logical consequence of the felony
REQUISITES committed.
❖ FREEDOM- voluntariness on the part of the person to ➢ "Natural" refers to an occurrence in the ordinary course
commit the act or omission of human life or events (REYES, Book One).
>> when a person acts without freedom, he no longer acts as a ➢ “Logical “ means that there is a rational connection
human but a mere tool between the act of the accused and the resulting injury
>> the person is exempt from liability or damage.
CLASSIFICATION OF CRIMES
REQUISITES Criminal Liability: How incurred?
❖ INTELLIGENCE- it is the capacity to know and Proximate Cause:
understand the consequences of one’s act ❖ It is that cause , which in the natural and continuous
>> without this power , no crime can exist sequence ,unbroken by efficient and intervening
 cause, produces the injury and without which the result
could not have occurred
(Vallacar Transit Inc, v. Catubig,GR No. 175512,May 30,2011)
Criminal Liability: How incurred?
Cause and Effect relationship:
❖ There must be a relation of the cause and effect , the
cause being the felonious act of the offender and the
effect being the death or injury of the
victim(REYES,Book one)
Criminal Liability: How incurred?
❖ This is not altered or changed by the following pre-
existing condition:
▪ Pathological condition of the victim
▪ Pre-disposition of the offended party
▪ Concomitant or concurrent condition (negligence of the
doctor)
▪ Other conditions supervening the felonious act such
tetanus,pulmonary infection
• When death is presumed to be the natural
consequence of physical injuries inflicted
• The victim, at the time the physical injuries were
inflicted was in Normal health;
• The death may be Expected from the physical injuries
inflicted;
• The death ensued within a Reasonable time
Criminal Liability: How incurred?
❖ When is a felony not the proximate cause?
▪ If there is an Efficient intervening cause-the cause
which interrupted the natural flow of events leading to
one’s death.This may relieve the offender from liability
Criminal Liability: How incurred?
❖ The following are not efficient intervening cause:
▪ The weak physical condition of the victim
▪ The nervousness or temperament of the victim
▪ Neglect of the victim to get medical attention
▪ Causes inherent to the victim
▪ Erroneous or unskilled medical or surgical treatment
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Mistake of Fact:
➢ It exists when a person who in the exercise of due
diligence acts under the influence of an erroneous
appreciation of facts ,which if true would relieve a
person from criminal liability (ignoranti facti excusat)
( Case: US v.Ah Chong, 15 Phil. 488)
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Mistake of Fact:
➢ It exists when a person who in the exercise of due
diligence acts under the influence of an erroneous
appreciation of facts ,which if true would relieve a
person from criminal liability (ignoranti facti excusat)
( Case: US v.Ah Chong, 15 Phil. 488)
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Requisites for “mistake of fact” as a defense to
prosper?:
A proper invocation of this defense requires:
1. That the mistake be honest and reasonable
2. That it be a matter of fact
3. That it negates culpability required to commit the crime
or the existence of the mental state which the statute
prescribes with respect to an element of the offense
(Yapyuco y Enriquez v. Sandiganbayan ,GR
Nos.120744-46 June 25,2012)
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Error in personae:
➢ It is an act or omission which is the result of a mistake
in the identity of the victim
➢ The offender is performing an act which is
unlawful,intentional and voluntary
➢ The penalty is that provided for in Art. 49 of RPC, that
is the penalty for the lesser crime in its maximum period
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Illustration ,Error in personae:
A intended to kill B. One night, A shouted at the person whom
he thought to be B. An altercation ensued. In the process, A fired
his gun at the person who died as a consequence. It turned out
that the person whom he shot and killed was not B but his own
father.
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Illustration ,Error in personae:
Q1:Is A criminally liable?
Q2: If yes, What would be the penalty ?
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Illustration ,Error in personae:
A1:Is A criminally liable?
Yes. In this case, A is liable for parricide, the crime which was
actually committed. When he fired his gun, he acted with intent.
He is liable for all the direct, logical, and natural consequences
of his felonious act, whether foreseen, intended, or unintended.
The fact. that the victim is different from the one A intended to
kill does not exculpate him from criminal liability
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Illustration ,Error in personae:
A2:Penalty
Applying Art. 49 of the RPC, the penalty imposable is not the
penalty for parricide which was the one committed, but the
penalty of homicide which is the crime intended to be committed,
the penalty being lesser than the penalty for parricide which was
actually committed. But the penalty for homicide which is
reclusion temporal shall be imposed in its maximum period
(ESTRADA, Book One)
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Aberratio Ictus:
➢ mistake in the blow, that is, when the offender
intending to do an injury to a person, actually inflicts it
on another.
 ➢ The penalty for a graver offense in its maximum period
pursuant to Article 48 of the RPC (ESTRADA, Book
One,
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Illustration Aberratio Ictus:
A, with intent to kill, hacked B. B was not hit but C, who was also
behind B. C died.
A is liable for his attempt to kill B. A is also liable for the death
of C. The death of C is the natural consequence of the felonious
act of A
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Illustration Aberratio Ictus:
Q: Is A liable for the death of C?for the injury of B?
A: Yes. A is liable for his attempt to kill B. A is also liable for the
death of C. The death of C is the natural consequence of the
felonious act of A
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Praeter Intentionem:
➢ Injurious result is greater than that intended
➢ Art. 13 Mitigating Circumstance (REYES, Book One ).
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Illustration Praeter Intentionem:
➢ A boxed B with the intention of inflicting a lump on B.
As a result of the blow, B lost his balance and fell to the
ground with his head hitting the pavement causing his
death.
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Illustration Praeter Intentionem:
➢ Q: Is A liable for the death of B?
Criminal Liability: Wrongful act done be different from that
which he intended
❖ Illustration Praeter Intentionem:
➢ A: Yes. A is liable for the death of B, homicide instead
of murder, mitigated by the fact that the intended result
is less than the resulting injury.
LESSON 4: CRIMINAL LAW
STAGES OF EXECUTION
Art.6,RPC
❖ ATTEMPTED FELONY
There is an 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 of some cause or accident other than his own
spontaneous desistance
❖ FRUSTRATED FELONY
A felony 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
❖ CONSUMMATED FELONY
A felony is consummated when the offender performs all the
acts of execution which would produce the felony as a
consequence.
STAGES OF EXECUTION
FACTORS IN DETERMINING STAGES OF EXECUTION:
1. Manner of committing the felony
2. Elements constituting the felony
3. Nature of the offense
• TESTS :Determination of stage of execution
❖ SUBJECTIVE PHASE
▪ It is that portion of the a where the offender begins the
commission of constituting the crime, starting from the
crime to that point where he has still control over his
acts, including their (acts) natural course
▪ If between those two points the offender is stopped by
reason of any cause outside of his own voluntary
desistance,the subjective phase has not been passed
and it is an attempt.
▪ If he is not stopped but continue until he performs the
last act, it is frustrated,provided that the crime is not
produced.The acts then of the offender has reached
the objective phase of the crime
• TESTS :Determination of stage of execution
❖ OBJECTIVE PHASE
▪ It is that portion of the acts of the offender, where he
has no more control of the same. All acts have been
performed by him.
• TESTS :Determination of stage of execution
❖ NOTE
▪ While as a general rule, the test is reliable, it however,
admits of several exceptions
▪ In the controversial case of PP vs. Lamahong, 61 Phil
703, the accused was surprised by a policeman while
in the act of boring a hole with an iron bar on the wall
of a sari-sari store Lamahong had only succeeded in
removing one board and in the process of unfastening
another one when he was apprehended.
• TESTS :Determination of stage of execution
❖ NOTE
▪ From the point of view of the policeman, the crime
committed by Lamahong is attempted robbery. The
breaking of the wall to enter the building is an element
of robbery committed by means of force upon things.
Is the policeman correct?
• TESTS :Determination of stage of execution
❖ NOTE
The opening of the wall to enter the store is the first requisite to
commit the crime of robbery. Such act cannot however be made
the basis of a conclusion that once Lamahong is inside the store,
he will take possession of personal properties with intent to gain.
From the overt acts so far committed, the accused should be
convicted of attempted trespass to dwelling, as the act of making
an opening through the wall established beyond reasonable
doubt the intention. of Lamahong to enter the store against the
will of the owner. Lamahong was not able to perform all acts of
execution or as the subjective phase in the commission of the
acts was not completed. The crime committed by Lamahong is
only attempted trespass to dwelling.
• Stages of execution
❖ ATTEMPTED FELONY: ELEMENTS
It may be described as an endeavor to do an act carried beyond
mere preparation but short of execution (Black's Law Dictionary,
Fifth Ed, p. 116)
 1.) The offender commences the commission of a felony
directly by overt acts;
2) He does not perform all the acts of execution which should
produce the felony
3) The non-commission of the felony is by reason of some cause
or accident, and;the offender must have been stopped by
entities other than his own spontaneous desistance.
• Stages of execution
❖ ATTEMPTED
Does not perform all acts of execution
In the case of PP. vs. Lamahong already mentioned, he was
only able to remove one board of the wall of the store. He was
in the act of removing another one, when a policeman surprised
him. He was prevented to perform all acts of execution because
of the vig ilance of the police officer.
To emphasize, the crime committed by Lamahong is only
attempted because he was not able to perform all acts of
execution.
• Stages of execution
❖ ATTEMPTED
By reason of some cause
In the Lamahong case , if the owner of the store who was then
sleeping inside, woke up to answer the call of nature and went
outside and discovered the presence of Lamahong, he thereby
prevents the latter to perform all acts of execution because of a
cause, that is the timely discovery of his presence
• Stages of execution
❖ ATTEMPTED
By reason of some accident
An accident in an event which though foreseen, is still inevita
ble. Another name for accident is a fortuitous event. It is
something that happens outside the sway of our will. While it is
brought about by some of our acts, the consequences are not
however, foreseeable If the consequences are plainly
perceivable, then it will be a case of lack of foresight or
negligence.
• Stages of execution
❖ ATTEMPTED
By reason of some accident: Illustration
A saw his enemy B while the latter was on board a passenger
bus going to Fairview, Quezon City. As he was in the back seat,
he drew his pen knife and was about to stab B when the
passenger bus had a flat tire causing the bus to turn turtle and
injuring all the passengers including Mr. A. The latter was not
able to perform all acts of execution because of an accident
other than his own spontaneous desistance.
• Stages of execution
❖ ATTEMPTED
Other than his own spontaneous desistance
DESISTANCE is an absolutory cause which negates criminal
liability because the law allows a person to desist from
committing a crime
>>The desistance should be made before all the acts of
execution are performed.
▪ A doctor poisoned his wife with arsenic and as a result,
the wife fell unconscious and the doctor heeding the
voice of the conscience,decided to revive her by
applying on her skillful medical ability and so the wife
survives.
Can the act of the doctor be considered as a desistance? Is he
liable for parricide?
Stages of execution
❖ ATTEMPTED
NO. The desistance referred to under Article 6 has reference to
the crime intended to be committed. It has no reference to the
crime actually committed by the offender before his desistance.
He will still be liable for the crime of frustrated parricide.
▪ In order that desistance be may be considered it must
not have reached the objective phase in the
commission of the crime.
• Stages of execution
❖ KINDS OF DESISTANCE
1. Legal Desistance
It is a desistance referred to in law which would obviate criminal
liability, unless the overt or préparatory act already committed in
themselves constitute a felony other than what the actor
intended. It is made during the attempted stage
2. Factual Desistance
It is the actual desistance of the actor; the actor is still liable for
the attempt. It is one made after the attempted stage of the
crime. It has no legal effect because the law recognizes
desistance only at the attempted stage (BOADO)
• Stages of execution
❖ FRUSTRATED
A felony is frustrated if the offender performs all the acts which
would produce the felony as a consequence, but the felony was
not produced by reason of causes independent of the will of the
perpetrator (BOADO).
• Stages of execution
❖ FRUSTRATED: ELEMENTS
a.The offender performs all acts of execution;
b. The acts performed would produce the felony as a
consequence:
c. The felony was not produced; and
d. By reason of causes independent of the will of the perpetrator
>> The subjective phase is completed
>>The offender has no more control over his acts
• Stages of execution
❖ FRUSTRATED: ELEMENTS
a.The offender performs all acts of execution;
b. The acts performed would produce the felony as a
consequence:
c. The felony was not produced; and
d. By reason of causes independent of the will of the perpetrator
>> The subjective phase is completed
>>The offender has no more control over his acts
• Stages of execution
❖ CRIMES WHICH DO NOT ADMIT OF A
FRUSTRATED STAGE
a. Rape, since the gravamen of the offense is carnal
knowledge, hence, no matter how slight the
penetration, the felony is consummated (People y
Onita, G.R. No. 88724, April 3, 1990);
b. Indirect Bribery, because it is committed by accepting
gifts offered to the public officer by reason of his office.
If he does not accept, he does not commit the crime. If
he accepts, it is consummated (ESTRADA, Book One,
supra af 58);
c. Direct bribery
d. Corruption of Public Officers, because the offense
requires the concurrence of the will of both parties,
such as that when the offer is accepted, the offense is
consummated. But when the offer is rejected, the
 offense is merely attempted (ESTRADA, Book One, by a policeman. Later on, Jose was charged with light offense
supra at 58) of attempted theft for P2.00. Was Jose correctly charged
e. Adultery, because the essence of the crime is sexual considering that light offenses are punishable only when
congress consummated?
f. Physical Injury, since it cannot be determined whether • Stages of Execution
the injury will be slight, less serious, or serious unless ❖ ILLUSTRATION
and until consummated (BOADO,supra at 693) Acting under the impulse of hunger, Jose tried to steal the two-
g. Theft, because the unlawful taking Immediately pesos (2) bill in the breast pocket of a stranger. But before he
consummates the offense and the disposition of the could get the money, he was seen and eventually apprehended
thing is not an element thereof (Valenzuela y People, by a policeman. Later on, Jose was charged with light offense
G.R. No. 160188, June 21, 2007). of attempted theft for P2.00.
• Stages of execution Was Jose correctly charged considering that light offenses are
❖ CONSUMMATED FELONY punishable only when consummated?
▪ all the elements necessary for its execution and • Answer:
accomplishment must be present. Every crime has its • Jose was correctly charged for a light felony of
own elements which must be present to constitute a attempted theft of P2.00 because theft is a crime
culpable violation of a precept of law (REYES, Book against property and is punishable even though it is not
One, supra at 112). consummated. (Art. 7, R.P.C.).
Note: The offender does not have to do anything else to
consummate the offense. He has already reached the objective
stage of the offense that he no longer has control of his acts
having already performed all that is necessary to accomplish his
purpose .
• Stages of Execution
❖ CONSUMMATED FELONY
▪ Murder/Homicide/Parricide/Infanticide
1. With intent to kill, but no mortal wound is inflicted-
attempted
2. With intent to kill,and mortal wound is inflicted but
victim does not die-frustrated
3. When the victim dies,intent to kill is conclusively
presumed-consummated
• Stages of Execution
❖ ILLUSTRATION
Intending to kill his estranged wife Myrna, Anthony mixed
poison in her coffee which would have normally killed her. After
drinking the coffee, Myrna felt nauseated and vomitted. Appalled
by the suffering and helplessness of his wife, Anthony took pity
on her and gave her an antidote. Myrna recovered completely
after ten (10) days. Discuss with reasons the criminal liability, if
any, of Anthony. May he invoke desistance in his favor?
• Stages of Execution
❖ ILLUSTRATION
ANSWER: Anthony will not be liable for frustrated parricide.
Although the wife, Myrna, had drank the poisoned coffee, and
all the acts of execution to kill her were already committed, she
did not however die due to the antidote administered by
Anthony. The crime was therefore not produced due to the
voluntary act of Anthony. In a frustrated felony, the acts of
execution have been performed which would produce the felony
as a consequence but nevertheless do not produce it by causes
independent of the will of the offender. So, if the perpetrator
himself prevented the consummation of the crime, it is not
frustrated. In that sense, when Anthony gave the antidote to his
wife, when he saw her suffering after drinking the poisoned
coffee, such act may be considered desistance in killing her,
although as a rule, desistance refers to acts of execution. The
facts of the problem merely state that after the administration of
the antidote, the wife recovered after ten (10) days.
• Stages of Execution
❖ ILLUSTRATION
Acting under the impulse of hunger, Jose tried to steal the two-
pesos (2) bill in the breast pocket of a stranger. But before he
could get the money, he was seen and eventually apprehended