Criminal 1 To 20

CRI 057: CRIMINAL LAW 1
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Criminal Law – is that branch or division 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.
Felony- acts or omissions punishable by Revised Penal Code
Offense- punishable by Special Laws
Criminal Law as one of the branches of law is also considered as a municipal law because of the nature of its
characteristics.
Three Inherent Powers of the State

Police Power
The State has the authority, under its police power, to define and punish crimes and to lay down the rules of
criminal procedure. States, as a part of their police power, have a large measure of discretion in creating and
denning criminal offenses. (People vs. Santiago, 43 Phil. 120, 124)
The right of prosecution and punishment for a crime is one of the attributes that by a natural law belongs to
the sovereign power instinctively charged by the common will of the members of society to look after, guard and
defend the interests of the community, the individual and social rights and the liberties of every citizen and the
guaranty of the exercise of his rights. (U.S. vs. Pablo, 35 Phil. 94, 100)
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Power of Eminent Domain

The power of eminent domain is the inherent right of the State to condemn private property to public use upon
payment of just compensation.
It is also known as the power of expropriation.
Power of Taxation
It is the enforced proportional contributions from persons and property, levied by the State by virtue of its
sovereignty, for the support of the government and for all public needs. It is as broad as the purpose for which
it is given.
Branches of the Government

The 1987 Philippine Constitution created the 3 great powers of the government, which one of the basic
repercussion is the separation of powers. They are also considered to be the branches of the government.
These are the following:
1. Legislative branch – consists of a Senate and a House of Representatives. Power to create laws
lies in this branch;
2. Executive branch – composed of the office of the president. The president has the power to create
Presidential Decrees during Martial law, Executive orders, Proclamation numbers, Administrative
Orders that have power and effect of laws; and
3. Judicial branch – power to check and balance the constitutionality of the laws created.
Legislative Executive Judicial

Branch Branch Branch
Create or enact Implement laws Apply or

laws interpret laws

Theories of Criminal Law
Theories in Criminal Law
(1) Classical Theory

(2) Positivist Theory
(3) Eclectic or Mixed Theory
Characteristics of the Classical Theory

1. The basis of criminal liability is human free will and the purpose of the penalty is retribution.
2. That 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.
3. It has endeavored to establish a mechanical and direct proportion between crime and penalty.
4. There is a scant regard to the human element.
Characteristics of the Positivist Theory

1. That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong,
in spite of or contrary to his volition.
2. 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 a 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 psychiatrists and social
scientists
Characteristics of Eclectic or Mixed Theory
1. Combination of positivist and classical thinking wherein crimes that are economic and social in nature
should be dealt in a positive manner

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Sources of Philippine Criminal Law

1. The Revised Penal Code (Act No. 3815) and its amendments.
2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine
Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa.
3. Penal Presidential Decrees issued during Martial Law
4. Penal Executive Orders
No common law crimes in the Philippines.

The so-called common law crimes, known in the United States and England as the body of principles,
usages and rules of action, which do not rest for their authority upon any express and positive declaration of
the will of the legislature, are not recognized in this country. Unless there be a particular provision in the
penal code or special penal law that defines and punishes the act, even if it be socially or morally wrong, no
criminal liability is incurred by its commission. (See U.S. vs. Taylor, 28 Phil. 599, 604)
Power to define and punish crimes.
Court decisions are not sources of criminal law, because they merely explain the meaning of, and
The State has the authority, under its police power, to define and punish crimes and to lay down
the rules of criminal procedure. States, as a part of their police power, have a large measure of discretion in
creating and denning criminal offenses. (People vs. Santiago, 43 Phil. 120, 124)
Limitations on the power of the lawmaking body to enact penal legislation
The Bill of Rights of the 1987 Constitution imposes the following limitations:
1. No ex post facto law or bill of attainder shall be enacted. (Art. Ill, Sec. 22)
2. No person shall be held to answer for a criminal offense without due process of law. (Art. Ill,
Sec. 14[1]) The first limitation prohibits the passage of retroactive laws which are prejudicial to
the accused.
An ex post facto law is one which:
(1) makes criminal an act done before the passage of the law and which was innocent when done, and
punishes such an act;
(2) aggravates a crime, or makes it greater than it was, when committed;
(3) changes the punishment and inflicts a greater punishment than the law annexed to the crime when

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(4) 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 the offense;
(5) assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something
which when done was lawful; and
(6) 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 a proclamation of amnesty. (In re: Kay Villegas Kami, Inc., 35 SCRA
429, 431)
Congress is also prohibited from passing an act which would inflict punishment without judicial trial,
for thatwould constitute a bill of attainder.
A bill of attainder is a legislative act which inflicts punishment without trial. Its essence is the substitution
of a legislative act for a judicial determination of guilt. (People vs. Ferrer, 48 SCRA 382, 395)
Constitutional rights of the accused.

Article III, Bill of Rights, of the 1987 Constitution provides for the following rights:
1. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies. (Sec. 16)
2. No person shall be held to answer for a criminal offense without due process of law. (Sec. 14[1])
3. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required. (Sec. 13)
4. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy
the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him,
to have speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to
secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial
may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to
appear is unjustifiable. (Sec. 14[2])
5. No person shall be compelled to be a witness against himself. (Sec. 17)
Any person under investigation for the commission of an offense shall have the right to be informed of his
right to remain silent and to have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel. (Sec. 12[1])
No torture, force, violence; threat, intimidation, or any other means which vitiate the free will shall be used
against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited. (Sec 12[2]) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him. (Sec. 12[3])
6. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. (Sec. 19[1])
7. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. (Sec.
21)
8. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person
by reason of poverty. (Sec. 11)
(search for the statutory rights of the accused)

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Characteristics of Criminal law.
Criminal law has three main characteristics:

(1) General
(2) Territorial
(3) Prospective
I. GENERAL, in that criminal law is binding on all persons who live or sojourn in Philippine territory.
Exceptions to the general application of Criminal Law.
There are cases where our Criminal Law does not apply even if the crime is committed by a person
residing or sojourning in the Philippines. These constitute the exceptions.
The opening sentence of Article 2 of the Revised Penal Code says that the provisions of this Code shall be
enforced within the Philippine Archipelago, "except as provided in the treaties and laws of preferential
application." Refer to the annotated Book 1 by Reyes for further notes for this.
Persons exempt from the operation of our criminal laws by virtue of the principles of public international law.
The following are not subject to the operation of our criminal laws:
(1) Sovereigns and other chiefs of state.
(2) Ambassadors, ministers plenipotentiary, ministers resident, and charges d'affaires.
II. TERRITORIAL, in that criminal laws undertake to punish crimes committed within Philippine territory.
The principle of territoriality means that as a rule, penal laws of the Philippines are enforceable only within its territory.
Exceptions to the territorial application of criminal law: (Art. 2, Revised Penal Code)
Except as provided in the treaties and laws of preferential application, the provisions of the Revised Penal Code 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:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the
presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or

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5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
III. PROSPECTIVE, in that a 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 Revised Penal Code, crimes are
punished under the laws in force at the time of their commission.
Exceptions to the prospective application of criminal laws.
Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused,
it can be given a retroactive effect.
But this exception has no application:
1. Where the new law is expressly made inapplicable to pending actions or existing causes of action. (Tavera vs.
Valdez, 1 Phil. 463, 470-471)
2. Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal Code. (Art. 22, RPC)
Mala In Se
- The act is wrong from its very nature and criminal intent is an element for mala in se. Good faith is a valid
defense unless the crime is the result of culpa. (refer culpa in Art. 4, RPC, Book 1) Crimes under the Revised
Penal Code are mala in se in nature. Thus, intent is an element.
Mala Prohibita
- The act is wrong because it is prohibited by law. Criminal intent is not material but still requires
intelligence and voluntariness. Usually, special laws are Mala Prohibita. However, there are special
laws that are mala in se in nature. E.g, RA 8353, “The New Rape Law”.
Mens rea – it means guilty mind.

Actus reus- it means guilty act

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Crime is an act committed or omitted in violation of a public law forbidding or commanding it. (I Bouvier's Law
Dictionary, Rawle's Third Revision, 729)
Crime is also a generic term used for any violation of the Revised Penal Code or Special Law. However, for
Criminal Law, below are the legal terms for violations of different laws:
1) Felony refers to violations of the Revised Penal Code;

2) Offense or statutory offense refers to violations of special law; and
3) Misdemeanor refers to a minor infraction of the law, such as a violation of an ordinance.
Today, we will focus on felony.

Art. 3. Definition. — Acts and omissions punishable by law are felonies (delitos).
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.
Elements of felonies
The elements of felonies in general are:
1) That there must be an act or omission;
Act refers to any kind of body movement which tends to produce some effect in the external
world;includes possession.
Omission refers to the failure to perform a positive duty which one is bound to do under the law.
Here, it is important that there is a law requiring the performance of an act; if there is none, there is
no liability.
Example: Failure to render assistance, failure to issue receipt (special law) or non-disclosure of knowledge
of conspiracy against the government.
For an act to be punishable, there must be a CONCURRENCE BETWEEN THE ACT and the INTENT.

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2) That the act or omission must be punishable by the Revised Penal Code; and

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3) That the act is performed or the omission incurred by means of dolo or culpa. (People vs. Gonzales,
G.R. No. 80762, March 19, 1990, 183 SCRA 309, 324)
Dolo is DELIBERATE INTENT, otherwise referred to as criminal intent, and must be coupled with freedom
of action and intelligence on the part of the offender as to the act done by him.
Requisites of Dolo:
1) Freedom;
2) Intelligence; and
3) Intent
Culpa (CONSTRUCTIVE INTENT)- Although there is no intentional felony, there could be culpable felony.
The act or omission is not malicious; the injury caused being simply the incident of another act
performed without malice.
The element of criminal intent is replaced by negligence, imprudence, lack of foresight or lack of skill. Thus,
the requisites are the following:
1) Freedom;
2) Intelligence; and
3) Negligence (deficiency of perception) or imprudence (deficiency of action)
Phases of Felony
Subjective Phase
It is that portion of the acts constituting the crime, starting from the point where the offender begins
the commission of the crime to that point where he has still control over his acts, including their (acts')
natural course.
Objective phase
The result of the acts of execution, that is, the accomplishment of the crime.

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The Manner of Committing the Crime
1. Formal Crimes - consummated in one instant, no attempt. (a) Ex. Slander and false testimony
(b) There can be no attempt, because between the thought and the deed, there is no chain of
acts thatcan be severed.
2. Material Crimes – have three stages of execution Thus, in determining the stage of some crimes,
themanner of execution becomes pivotal in determining the end of the subjective phase, i.e.
once the offender performs the act in the manner provided for in the law, HE IS ALREADY
DEEMED TO HAVE PERFORMED EVERY ACT FOR ITS EXECUTION.
3. Crimes consummated by mere attempt or proposal by overt act. (a) Ex. Flight to enemy‘s
country(Art. 121) and corruption of minors (Art. 340)
4. Felony by omission (a) There can be no attempted stage when the felony is by omission,
becausethe offender does not execute acts, he omits to perform an act which the law requires
him to do.
5. Crimes requiring the intervention of two persons to commit them are consummated by mere
agreement. (a) In bribery, the manner of committing the crime requires the meeting of the minds
between the giver and the receiver. (b) When the giver delivers the money to the supposed
receiver,but there is no meeting of the minds, the only act done by the giver is an attempt.

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Intent distinguished from motive.
Motive is the moving power which impels one to action for a definite result. Intent is the purpose to use
a particular means to effect such result.
Motive is not an essential element of a crime, and, hence, need not be proved for purposes of
conviction.(People vs. Aposaga, No. L-32477, Oct. 30, 1981, 108 SCRA 574, 595)
An extreme moral perversion may lead a man to commit a crime without a real motive but just for the
sake of committing it. Or, the apparent lack of a motive for committing a criminal act does not necessarily
mean that there is none, but that simply it is not known to us, for we cannot probe into the depths of one's
conscience where it may be found, hidden away and inaccessible to our observation. (People vs. Taneo, 58
Phil. 255, 256)
One may be convicted of a crime whether his motive appears to be good or bad or even though no
motive is proven. A good motive does not prevent an act from being a crime. In mercy killing, the painless
killing of a patient who has no chance of recovery, the motive may be good, but it is nevertheless punished
by law.
Mistake of fact.
While ignorance of the law excuses no one from compliance therewith (ignorantia legis non
excusat), ignorance or mistake of fact relieves the accused from criminal liability (ignorantia facti excusat).
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.
An honest mistake of fact destroys the presumption of criminal intent which arises upon the

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commission of a felonious act. (Peoplevs. Coching, et al., C.A., 52 O.G. 293, citing People vs. Oanis, 74 Phil.
257)
Requisites of mistake of fact as a defense:
1. That the act done would have been lawful had the facts been as the accused believed them to be.
2. That the intention of the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness on the part of the accused.
Criminal intent is necessary in felonies committed by means of dolo.
Criminal intent is necessary in felonies committed by means of dolo because of the legal maxims —
Actus non facit reum nisi mens sit rea, "the act itself does not make a man guilty unless his intention were so."
Actus me invito factus non est meus actus, "an act done by me against my will is not my act." (U.S. vs. Ah
Chong, 15 Phil. 499)
Article 4, Revised Penal Code: Criminal Liability.
- Criminal liability 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.
GENERAL RULE: The offender is CRIMINALLY LIABLE for ALL the natural and logical consequences
of his felonious act, although not intended, if the felonious act is the proximate cause of the resulting harm.

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Thus, the person is still criminally liable although the wrongful act done be different from that which he
intended in the following cases:
(1) Error in personae - mistake in the identity of the victim; injuring one person mistaken for another (Art. 49
– penalty for lesser crime in its maximum period)
(a) At least two subjects
(b) A has intent to kill B, but kills C
(c) Under Art. 3, if A hits C, he should have no criminal liability. But because of Art. 4, his act is a felony.

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(2) Aberratio ictus - mistake in the blow; when offender intending to do an injury to one person actually inflicts
it on another (Art. 48 on complex crimes – penalty for graver offense in its maximum period) (a) There is only
one subject. (b) The intended subject is a different subject, but the felony is still the same.
(3) Praeter intentionem - injurious result is greater than that intended (Art. 13 – mitigating circumstance)
(a) If A‘s act constitutes sufficient means to carry out the graver felony, he cannot claim praeter intentionem.
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
intervening cause, produces the injury, and without which the result would not have occurred." (Bataclan vs.
Medina, 102 Phil. 181, 186, quoting 38 Am. Jur. 695)
Proximate Cause v. Immediate Cause v. Remote Cause
Illustrations: A, B, C, D, and E were driving their vehicles along Ortigas Ave. A‘s car was ahead,
followed by those of B, C, D, and E.
When A‘s car reached the intersection of EDSA and Ortigas Avenue, the traffic light turned red so A
immediately stepped on his brakes, followed by B, C, and D.
However, E was using his cellphone and therefore was not aware that the traffic light had turned to
red, so he bumped the car of D, then D hit the car of C, then C hit the car of B, then, finally, B hit the car of A.
In this case, the immediate cause of the damage to the car of A is the car of B, but that is not the
proximate cause.
The proximate cause is the negligence of E (using his cellphone while driving) because it sets into
motion the collision of all the cars.
Impossible Crime, Art. 4, paragraph 2.
Purpose of punishing impossible crimes: To suppress criminal propensity or criminal tendencies.

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Objectively, the offender has not committed a felony, but subjectively, he is a criminal.
Requisites: (1) That the act performed would be an offense against persons or property.
(2) That the act was done with evil intent.
● The offender intends to commit a felony against persons or against property, and the act performed
would have been an offense against persons or property.
● It must be shown that the actor performed the act with the intent to do an injury to another.
● However, it should not be actually performed, for otherwise, he would be liable for that felony.
(3) That its accomplishment is inherently impossible, or that the means employed is either
inadequate or ineffectual.
Inherent impossibility: The act intended by the offender is by its nature one of impossible accomplishment.
There must be either (1) legal impossibility or (2) physical impossibility of accomplishing the intended act.
Legal impossibility: The intended acts, even if completed, would not amount to a crime. Legal impossibilitywould
apply to those circumstances where:
a. the motive, desire and expectation is to perform an act in violation of the law;
b. there is intention to perform the physical act;
c. there is a performance of the intended physical act; and d. the consequence resulting from the intended
act does not amount to a crime. (Intod v. CA)
Physical or factual impossibility: Extraneous circumstances unknown to the actor or beyond his controlprevent
the consummation of the intended crime.

Wrongful Act Different from that Intended

When a person commits a felony with malice, he intends the consequences of his felonious act.
Art. 4. RPC. Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be different from that which he
intended. xxx xxx xxx
Rationale: el que es causa de la causa es causa del mal causado (he who is the cause of the cause is the
cause of the evil caused).
Requisites:
(1) An intentional felony has been committed.
(a) The felony committed should be one committed by means of dolo (with malice) because Art. 4, Par. 1
speaks of wrongful act done different from that which he intended.
(b) The act should not be punished by a special law because the offender violating a special law may not
have the intent to do an injury to another.
(c) No felony is committed when:
i. the act or omission is not punishable by the RPC,
ii. the act is covered by any of the justifying circumstances enumerated in Art. 11.
(2) The wrong done to the aggrieved party be the direct, natural and logical consequence of the felony
committed by the offender.
(a) Proximate Cause - That cause, which, in a natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury without which the result would not have occurred.

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Criminal liability exists from the concurrence of the mens rea and the actus reus.
Art. 5 covers two situations:
a. Where the court cannot convict the accused because the act he committed is not
punishableunder the law, but the court deems it proper to repress such act.
- The proper judgment is acquittal.
- The judge must report to the Chief Executive that said act be made subject of penal legislation and
thereasons therefore.
b. Where the court after trial finds the accused guilty, and the penalty prescribed for the
crimeappears too harsh considering the conditions surrounding the commission of the crime,
1. The judge should impose the law (not suspend the execution of the sentence).
2. The most that he could do is recommend to the Chief Executive to grant executive clemency.
According to the Stages of Their
ExecutionUnder Art. 6, they are
classified as:
a. Attempted b. Frustrated c. Consummated
Note: The classification of stages of a felony in Article 6 are true only to crimes under the Revised Penal
Code. It does NOT apply to crimes punished under special laws. However, even certain crimes which
arepunished under the Revised Penal Code do not admit of these stages.
a. Consummated Felony- When all the elements necessary for its execution and accomplishment
arepresent; the felony is produced.
b. Frustrated Felony -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
ofthe perpetrator.
c. Attempted Felony: When the offender commences the commission of a felony directly by overt acts,
anddoes 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.

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.
What are light felonies?

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)
The light felonies punished by the Revised Penal Code:

1. Slight physical injuries. (Art. 266)
2. Theft. (Art. 309, pars. 7 and 8)
3. Alteration of boundary marks. (Art. 313)
4. Malicious mischief. (Art. 328, par. 3; Art. 329, par. 3)
5. Intriguing against honor. (Art. 364)
The penalty for the above-mentioned crimes is arresto menor (imprisonment from one day to thirty days), or
a fine not exceeding P200.
Reason for the general rule.

Light felonies produce such light, such insignificant moral and material injuries that public conscience is

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The commission of felonies against persons or property presupposes in the offender moral depravity. For
that reason, even attempted or frustrated light felonies against persons or property are punishable.
Examples of light felonies against person:

Art. 266 — Slight physical injuries and maltreatment.
Examples of light felonies against property:
1. Art. 309, No. 7 — Theft by hunting or fishing or gathering fruits, cereals or other forest or farm products
upon an inclosed estate or field where trespass is forbidden and the value of the thing stolen does not
exceed f*5.00.
2. Art. 309, No. 8 — Theft, where the value of the stolen property does not exceed f*5.00 and the offender
was prompted by hunger, poverty, or the difficulty of earning a livelihood.
3. Art. 313 — Alteration of boundary marks.
4. Art. 328, No. 3; Art. 329, No. 3 — Malicious mischief where the damage is not more than P200.00 or if it
cannot be estimated.
Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to some
other person or persons.
General Rule:
Conspiracy and proposal to commit felony are not punishable.
Exception:
They are punishable only in the cases in which the law specially provides a penalty therefor.
Reason for the rule.
Conspiracy and proposal to commit a crime are only preparatory acts, and the law regards them as innocent
or at least permissible except in rare and exceptional cases.
Requisites of proposal to commit felony:
(1) That a person has decided to commit a felony; and
(2) That he proposes its execution to some other person or persons.
There is no criminal proposal when:
(1) The person who proposes is not determined to commit the felony;
(2) There is no decided, concrete and formal proposal;
(3) It is not the execution of a felony that is proposed.
Note: It is not necessary that the person to whom the proposal is made agrees to commit treason or
rebellion.
Requisites of conspiracy felony:

(1) Two or more persons come to an agreement.
Agreement presupposes meeting of the minds of two or more persons

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(2) The agreement pertains to a commission of a felony.

Agreement to effect what has been conceived and determined.
(3) The execution of the felony was decided upon.
Note: There must be participation in the criminal resolution because simple knowledge thereof by a
person may only make him liable as an accomplice.
The following are the two (2) types of Conspiracy:

1) Conspiracy as a felony.
As a felony, conspirators do not need to actually commit treason, rebellion, insurrection, etc., it being
sufficient that two or more persons agree and decide to commit it.
2) Conspiracy as a manner of incurring criminal liability.
As a manner of incurring criminal liability, if they commit treason, rebellion, etc., they will be held
liable for it, and the conspiracy which they had before committing the crime is only a manner of incurring
criminal liability, not a separate offense.
Recidivism/Reincindencia; Habituality/Reiteracion/ Quasi- Habitual

Art. 14 (9) Repetition; Art. 14 (10) Recidivism; Delinquency;
Art. 160 Art. 62 (5)
Crimes Sufficient that the offender Necessary that the Before serving Specified:
committed have been previously offender shall have or while serving 1. less serious
convicted by final judgment served out his sentence sentence, the or serious
for another crime embraced for the first offense offender physical injuries
in the same title of the Code commits a 2. robbery
on the date of his trial felony (NOT a 3. theft
crime) 4. estafa

25
Name: Class number:
Date:
Section: Schedule:
5. falsification
Period of No period of time Before serving Within 10 years

time the or while serving from his last
crimes are sentence release or
committed conviction
Number of The second conviction for an The previous and Offender Guilty the third
crimes offense embraced in the subsequent offenses commits a time or oftener
committed same title of RPC must NOT be embraced felony
in the same title of RPC
Their If not offset by any mitigating Not always an Imposes the An additional
effects circumstance, increase the aggravating maximum of the penalty shall be
penalty only to the maximum circumstance penalty for the imposed
new offense,
and cannot be
offset by any
mitigating
circumstance
Classification of felonies according to their gravity.
Art. 9. Grave felonies, less grave felonies, and light felonies. — Grave felonies are those
to which the law attaches the capital punishment or penalties which in any of their periods are
afflictive, in accordance with Article 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum
period are correctional, in accordance with the above-mentioned article.
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.
CLASSIFICATION OF PENALTIES
Article 25. Penalties which may be imposed. - The penalties which may be imposed according to

26
Name: Class number:
Date:
Section: Schedule:
this Code, and their different classes, are those included in the following:
Scale:
Principal Penalties
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,
Destierro.
Light penalties:
Arresto menor,
Public censure.
Penalties common to the three preceding classes:
Fine, and Bond to keep the peace.
Accessory Penalties
Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the profession or calling.
Civil interdiction,

27
Name: Class number:
Date:
Section: Schedule:
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.
Article 26. When afflictive, correctional, or light penalty. - A fine, whether imposed as a single of
as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a
correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light
penalty if it less than 200 pesos.
Requisites of Recidivism:
(1) Offender is on trial for an offense

(2) He was previously convicted by final judgment of another crime
(3) Both the first and second offenses are embraced in the same title of the RPC
(4) Offender is convicted of the new offense
Requisites of Habituaity:
(1) Accused is on trial for an offense

(2) He previously served sentence a. for another offense to which the law attaches an equalor
greater penalty, OR b. for two or more crimes to which it attaches lighter penalty than that for the new
offense
(3) He is convicted of the new offense
Requisites of Habitual Delinquency:
(1) Offender had been convicted of any of the crimes of serious or less serious physical

28
Name: Class number:
Date:
Section: Schedule:
injuries, robbery, theft, estafa, or falsification

(2) After that conviction or after serving his sentence, he again committed, and, within 10 years
from his release or first conviction, he was again convicted of any of the said crimes for the second time
(3) After his conviction of, or after serving sentence for, the second offense, he again committed,
and, within 10 years from his last release or last conviction, he was again convicted of any of said
offenses, the third time or oftener
Requisites of Quasi-recidivism:
(1) any person who shall commit a felony after having been convicted by final judgment,
before beginning to serve such sentence, or while serving the same

29
Name: Class number:
Date:
Section: Schedule:
Complex Crime
Plurality of crimes may be in the form of:
a. Compound Crime
b. Complex crime; and
c. Composite crime.
Plurality of Crimes (Concursu de delitos):
(1) Consists of the successive execution

(2) By the same individual
(3) Of different criminal acts
(4) For any of which no conviction has yet been declared.
Complex Crimes - When the offender commits either of the complex crimes defined in Art. 48 of the
Code.
Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave
or less grave felonies, or when an offense is a necessary means for committing the other, the penalty
for the most serious crime shall be imposed, the same to be applied in its maximum period. (As
amended by Act No. 4000.)
Nature of complex crimes:
Although two or more crimes are actually committed, they constitute only one crime, in the eyes of
the law, and in the conscience of the offender.
Even in the case where an offense is a necessary means for committing the other, the evil intent of
the offender is only one. Hence, there is only one penalty imposed for the commission of a complex
crime
Special Complex Crimes - When the law specifically fixes a single penalty for 2 or more offenses
committed.
Continuing and Continued Crimes - A single crime consisting of a series of acts but all arising from
one criminal resolution.
Two kinds of complex crimes:

30
Name: Class number:
Date:
Section: Schedule:

31
Name: Class number:
Date:
Section: Schedule:
a. Compound Crime (Delito Compuesto) A single act results in two or more grave or less grave
felonies.
Requisites:
(1) That only a single act is performed by the offender
(2) That the single acts produces:
i. 2 or more grave felonies,

ii. or ii. 1 or more grave and 1 or more less grave felonies, or
iii. iii. 2 or more less grave felonies
b. Complex Crime Proper (Delito Complejo): An offense is a necessary means for committing the
other.
Here, when the offender executes various acts, he must have a single purpose.
Requisites:
(1) That at least two offenses are committed
(2) That one or some of the offenses must be necessary to commit the other
(3) That both or all the offenses must be punished under the same statute.
2. Special Complex/Composite crimes
The substance is made up of more than one crime but which in the eyes of the law is only:
(1) a single indivisible offense; and
(2) all those acts done in pursuance of the crime agreed upon are acts which constitute a
singlecrime.
Special Complex Crimes:
(1) Robbery with Homicide (Art. 294 (1))

(2) Robbery with Rape (Art. 294 (2))
(3) Robbery with Arson
(4) Kidnapping with serious physical injuries (Art. 267 (3))
(5) Kidnapping with rape
(6) Rape with Homicide (Art. 335)
(7) Arson with homicide
3. Continued and Continuing Crimes (Delito Continuado)

32
Name: Class number:
Date:
Section: Schedule:
Continued crime (continuous or continuing) - A single crime, consisting of a series of acts but all
arising from one criminal resolution.
When the actor, there being unity of purpose and of right violated, commits diverse acts, each one of
which, although of a delictual character, merely constitutes a partial execution of a single particular
delict, such delictual acts is called delito continuado.
Example: One who on several occasions steals wheat deposited in a granary. Each abstraction
constitutes theft, but instead of imposing on the culprit different penalties for each theft committed, he
is punished for only one ―hurto continuado (continued theft) for the total sum or value abstracted.
Continuing offense - A continuous, unlawful act or series of acts set on foot by a single impulse and
operated by an unintermittent force or continuing force, however long a time it may occupy.
Although there is a series of acts, there is only one crime committed. Hence, only one penalty
shall be imposed.
Justifying circumstances
Five types of justifying circumstances:
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of a greater evil
5. Fulfilment of duty

33
Name: Class number:
Date:
Section: Schedule:
6. Obedience to an order issued for some lawful purpose
Justifying Circumstances – those where the act of a person is said to be in accordance with law,
so that such person is deemed not to have transgressed the law and is free from both criminal and
civil liability. There is no civil liability except in par. 4, Art. 11, where the civil liability is borne by the
persons benefited by the act.
An affirmative defense, hence, the burden of evidence rests on the accused who must prove the
circumstance by clear and convincing evidence.
There is NO crime committed, the act being justified. Thus, such persons cannot be considered
criminals.
Basis: Lack of criminal intent
1) Self Defense
Includes not only the defense of the person or body of the one assaulted but also that of his rights,
the enjoyment of which is protected by law. It includes:
a. The right to honor. Hence, a slap on the face is considered as unlawful aggression since the face
represents a person and his dignity. (Rugas vs, People)
b. The defense of property rights can be invoked if there is an attack upon the property although it is
not coupled with an attack upon the person of the owner of the premises. All the elements for
justification must however be present. (People v. Narvaez)
Elements:
a. Unlawful aggression
b. Reasonable necessity of means employed to prevent or repel it.
c. Lack of sufficient provocation on part of defender
Defense of Property:
People vs. Apolinar: This can only be invoked as justifying circumstance if:
(1) Life and limb of the person making the defense is also the subject of unlawful aggression
(2) Life cannot be equal to property.

34
Name: Class number:
Date:
Section: Schedule:
2) Defense of Relatives
Elements:
(1) Unlawful aggression
(2) Reasonable necessity of means employed to prevent or repel it
(3) In case person attacked provoked attacker defender must have no part therein
Relatives entitled to defense:

i. Spouse
ii. Ascendants
iii. Descendants
iv. Legitimate, natural or adopted Brothers/Sisters v. Relatives by affinity in the
same degree vi. Relatives by consanguinity w/in the 4th civil degree
3. Defense of Strangers
Elements:
(1) Unlawful aggression;
(2) Reasonable necessity of the means employed to prevent or repel it;
(3) The person defending be not induced by revenge, resentment or other evil motive.
4. Avoidance of a Greater Evil

Requisites:
(1) Evil sought to be avoided actually exists
(2) Injury feared be greater than that done to avoid it
(3) There is no other practical & less harmful means of preventing it
5. Fulfilment of Duty or Lawful Exercise of Right or office

Requisites:
(1) Offender acted in performance of duty or lawful exercise of a rig ht/office
(2) The resulting felony is the unavoidable consequence of the due fulfillment of the duty or the lawful
exercise of the right or office.
6. Obedience to an order issued for some lawful purpose
Requisites:
(1) Order must have been issued by a superior

35
Name: Class number:
Date:
Section: Schedule:
(2) The order is for some lawful purpose

(3) The means used to carry it out must be lawful
SIX TYPES of exempting circumstances:

1. Imbecility/Insanity
2. Minority
3. Accident
4. Compulsion of irresistible force
5. Impulse of uncontrollable fear
6. Insuperable or lawful cause
1) Insanity and Imbecility
Juridical Effects of Insanity :
(1) If present at the time of the commission of the crime – EXEMPT from liability.
2) If present during trial – proceedings will be SUSPENDED and accused is committed to a
hospital.
(3) After judgment or while serving sentence – Execution of judgment is SUSPENDED, the
accused is committed to a hospital. The period of confinement in the hospital is counted for
the purpose of the prescription of the penalty.
2) Minority
Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer to Child and Youth Welfare
Code (P.D. 603, as amended)
a. Definition of child in conflict with the law
Section 4 (e). "Child in conflict with the law" – a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.
b. Minimum age of criminal responsibility
3) Accident (Damnum Absque Injuria)

Requisites:
(1) A person performing a lawful act;

36
Name: Class number:
Date:
Section: Schedule:
(2) With due care;

(3) He causes an injury to another by mere accident;
(4) Without fault or intention of causing it.
4) Irresistible
ForceRequisites:
(1) That the compulsion is by means of physical force.
(2) That the physical force must be irresistible.
(3) That the physical force must come from a third person
5) Uncontrollable
FearRequisites:
(1) That the threat which causes the fear is of an evil greater than or at least equal to, that which
he is forced to commit;
(2) That it promises an evil of such gravity and imminence that the ordinary man would have
succumbed to it.
A threat of future injury is not enough. The compulsion must be of such a character as to leave
no opportunity to the accused for escape or self defense in equal combat.
6) Insuperable or Lawful
CausesRequisites:
(1) That an act is required by law to be done;
(2) That a person fails to perform such act;
(3) That his failure to perform such act was due to some lawful or insuperable cause
Insuperable means insurmountable.

37
CRI 057: CRIMINAL LAW
Name: Class number:
Date:
Section: Schedule:
MITIGATING CIRCUMSTANCES
Twelve Types of mitigating circumstances:

1. Incomplete Justification and Exemption
2. Under 18 or Over 70 years of age
3. No intention to commit so grave a wrong
4. Sufficient Provocation or Threat
5. Immediate vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender
8. Voluntary plea of guilt
9. Plea to a lower offense
10. Physical defect
11. Illness
12. Analogous Circumstances
Mitigating circumstances are those which, if present in the commission of the crime, do not
entirely free the actor from criminal liability, but serve only to reduce the penalty.

38
Name: Class number:
Date:
Section: Schedule:
The circumstances under Article 13 are generally ordinary mitigating. However, paragraph 1, is
treated as a privileged mitigating circumstance if majority of the requisites concurred, otherwise, it will
be treated as an ordinary mitigating circumstance. (Reyes, citing Art. 69).
1) Incomplete Justification and Exemption
The circumstances of justification or exemption which may give place to mitigation, because not
all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases
are attendant, are the following:
(1) Self-defense (Art. 11, par. 1)
(2) Defense of relatives (Art. 11, par. 2)
(3) Defense of strangers (Art. 11, par. 3)
(4) State of necessity (Art. 11, par. 4)
(5) Performance of duty (Art. 11, par. 5)
(6) Obedience to the order of superiors (Art. 11, par. 6)
(7) Minority over 15 years of age but below 18 years of age (Art. 12, par. 3)
(8) Causing injury by mere accident (Art. 12, par.4)
(9) Uncontrollable fear (Art. 12 par. 6)
2. Under 18 Or Over 70 Years Of Age

a. In lowering the penalty:
Based on age of the offender at the time of the commission of the crime not the age when sentence is
imposed;
b. In suspension of the sentence: Based on age of the offender (under 18) at the time the sentence is
to be promulgated (See Art. 80, RPC);
c. Par. 2 contemplates the ff:
(1) An offender over 9 but under 15 of age who acted with discernment.
(2) An offender fifteen or over but under 18 years of age.
(3) An offender over 70 years old
3. No Intention to Commit So Grave A Wrong (Praeter Intentionem)

4. Sufficient Provocation or Threat
Elements:
(1) That the provocation must be sufficient;
(2) That it must originate from the offended party; and
(3) That the provocation must be immediatee to the act, i.e., to the commission of the crime by the
person who is provoked.

39
Name: Class number:
Date:
Section: Schedule:
Provocation - Any unjust or improper conduct or act of the offended part capable of exciting, inciting,
or irritating anyone.
5. Immediate Vindication of A Grave Offense
Elements:
(1) That there be a grave offense done to the one committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same
degree.
(2) That the felony is committed in vindication of such grave offense. A lapse of time is allowed between
the vindication and the doing of the grave offense.
(3) The vindication need not be done by the person upon whom the grave offense was committed
6. Passion or obfuscation (Arrebato y Obsecacion)

Elements:
(1) The accused acted upon an impulse
(2) The impulse must be so powerful that it naturally produces passion or obfuscation in him.
Requisites:
(1) That there be an act, both unlawful and sufficient to produce such condition of mind; and
(2) That said act which produced the obfuscation was not far removed from the commission of the
crime by a considerable length of time, during which the perpetrator might recover his normal
equanimity. (People v. Alanguilang)
7. Voluntary Surrender
Requisites:
(1) That the offender had not been actually arrested
(2) That the offender surrendered himself to a person in authority or to the latter‘s agent
3) That the surrender was voluntary.
Two Mitigating Circumstances Under This Paragraph:

(1) Voluntary surrender to a person in authority or his agents;
(2) Voluntary confession of guilt before the court prior to the presentation of evidence for the
prosecution.
8. Plea Of Guilt
Requisites:
(1) That the offender spontaneously confessed his guilt.
(2) That the confession of guilt was made in open court, that is, before the competent court that is to
try the case; and

40
Name: Class number:
Date:
Section: Schedule:
- The extrajudicial confession made by the accused is not voluntary confession because it
was made outside the court. (People v. Pardo)
(3) That the confession of guilt was made prior to the presentation of evidence for the prosecution.
9. Plea to a Lesser Offense
10. Physical Defects
This paragraph does not distinguish between educated and uneducated deaf-mute or
blind persons.
Physical defect referred to in this paragraph is such as being armless, cripple, or a
stutterer, whereby his means to act, defend himself or communicate with his fellow beings are limited.
11. Illness
Elements:
(1) That the illness of the offender must diminish the exercise of his will-power
(2) That such illness should not deprive the offender of consciousness of his acts.
12. Analogous Mitigating Circumstances
Any other circumstance of similar nature and analogous to the nine mitigating circumstances
enumerated in art. 513 may be mitigating.
1) Conspiracy to commit a felony is punishable only in cases where the law specifically provides a
penalty. Which of the following combinations contain specific felonies under the Revised Penal
Code?

1
Name: Class number:
Date:
Section: Schedule:
A) Conspiracy to commit treason, conspiracy to commit rebellion, conspiracy to commit coup

d’etat, conspiracy to commit misprision of treason.
B) Conspiracy to commit rebellion, conspiracy to commit coup d’etat, conspiracy to commit
treason, conspiracy to commit sedition.
C) Conspiracy to commit rebellion or insurrection, conspiracy to commit sedition, conspiracy
to commit illegal assemblies, conspiracy to commit treason.
D) Conspiracy to commit treason, conspiracy to commit sedition, conspiracy to commit
terrorism.
2) The maxim "Nullum crimen nula poena sine lege" means that.
A) the act is criminal at the time of its commission and recognized as such at the time of its
commission but the penalty therefor is prescribed in a subsequently enacted law.
B) the act is criminal and punished under and pursuant to common law.
C) there is a crime for as long as the act is inherently evil.
D) crime is a product of the law.
3) The mitigating circumstance of immediate vindication of a grave offense cannot be appreciated

in a case where
A) Following the killing of his adopted brother, P went to the place where it happened and killed S
whom he found there.
B) X kills Y who attempted to rape X’s wife.
C) P severely maltreats S, a septuagenarian, prompting the latter to kill him.
D) M killed R who slandered his wife.
4) To save himself from crashing into an unlighted truck abandoned on the road, Jose swerved his car to
the right towards the graveled shoulder, killing two bystanders. Is he entitled to the justifying circumstance
of state of necessity?
A) No, because the bystanders had nothing to do with the abandoned truck on the road.
B) No, because the injury done is greater than the evil to be avoided.
C) Yes, since the instinct of self-preservation takes priority in an emergency.
D) Yes, since the bystanders should have kept off the shoulder of the road.

2
Name: Class number:
Date:
Section: Schedule:
5) Which of the following crimes is an exception to the Territoriality Rule in Criminal law?
A) Violation of the Trademark Law committed by an alien in the Philippines.

B) Forgery of US bank notes committed in the Philippines.
C) Crime committed by a Filipino in the disputed Spratly's Island.
D) Plunder committed at his place of assignment abroad by a Philippine public officer.
6) X inflicted serious injuries on Y. Because of delay in providing medical treatment to Y, he died. Is X

criminally liable for the death of Y?
A) Yes because the delay did not break the causal connection between X's felonious act and the injuries
sustained by Y.
B) Yes because any intervening cause between the infliction of injury and death is immaterial.
C) No because the infliction of injury was not the immediate cause of the death.
D) No because the delay in the administration of the medical treatment was an intervening cause.
7) In an attempted felony, the offender’s preparatory act
A) Itself constitutes an offense.

B) Must seem connected to the intended crime.
C) Must not be connected to the intended crime.
D) Requires another act to result in a felony.
8) X inflicted violent kicks on vital parts of E's body. E nevertheless was able to flee for fear of his life.
Refusing to undergo treatment for his injuries, E died 3 days later. Is X liable for E’s death?
A) No, since kicks on the body cannot cause death.

B) No, since it took too long for death to occur.
C) Yes, since E cannot be compelled to undergo medical treatment.
D) Yes, since it was a natural result of the injuries X inflicted on E.
9) A special complex crime is a composite crime
A) made up of 2 or more crimes defined in the Penal Code.

B) with its own definition and special penalty provided by the Penal Code.
C) with its own definition and special penalty provided by a special penal law.
D) made up of 2 or more crimes defined in the Penal Code and special penal laws.

3
Name: Class number:
Date:
Section: Schedule:
10) What court has jurisdiction when an Indonesian crew murders the Filipino captain on board a vessel
of Russian registry while the vessel is anchored outside the breakwaters of the Manila bay?
A) The Indonesian court.

B) The Russian court.
C) The Philippine court.
D) Any court that first asserts jurisdiction over the case.
AGGRAVATING CIRCUMSTANCES:
Those circumstances which raise the penalty for a crime in its maximum period provided by
lawapplicable to that crime or change the nature of the crime.
Note: The list in this Article is EXCLUSIVE – there are no analogous aggravating
circumstances.
The aggravating circumstances must be established with moral certainty, with the same degree
ofproof required to establish the crime itself.

4
Name: Class number:
Date:
Section: Schedule:
According to the Revised Rules of Criminal Procedure, BOTH generic and qualifying aggravating
circumstances must be alleged in the Information in order to be considered by the Court in imposing
the sentence. (Rule 110, Sec. 9)
Basis:
1. the motivating power behind the act
2. the place where the act was committed
3. the means and ways used
4. the time
5. the personal circumstance of the offender and/or of the victim
Kinds:
1. GENERIC – Those that can generally apply to all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10,
14,18, 19, and 20 except ―by means of motor vehicles‖. A generic aggravating circumstance may
be offset by a generic mitigating circumstance.
2. SPECIFIC – Those that apply only to particular crimes. Nos. 3 (except dwelling), 15, 16, 17
and21.
3. QUALIFYING –Those that change the nature of the crime. Art. 248 enumerates the qualifying AC
which qualify the killing of person to murder. If two or more possible qualifying circumstances were
alleged and proven, only one would qualify the offense and the others would be generic
aggravating.(ASKED TWICE BAR EXAMS)
4. INHERENT – Those that must accompany the commission of the crime and is therefore not
considered in increasing the penalty to be imposed such as evident premeditation in theft,
robbery,estafa, adultery and concubinage.
5. SPECIAL – Those which arise under special conditions to increase the penalty of the offense
andcannot be offset by mitigating circumstances such as: a. quasi-recidivism (Art. 160) b. complex
crimes (Art. 48) c. error in personae (Art. 49) d. taking advantage of public position and membership
in an organized/syndicated crime group (Art. 62)
TWENTY-ONE aggravating circumstances under Art. 14:
1. Taking Advantage of Public Office

2. In Contempt Of Or With Insult To Public Authorities
3. With Insult Or Lack Of Regard Due To Offended Party By Reason Of Rank, Age Or Sex
4. Abuse Of Confidence And Obvious Ungratefulness
5. Crime In Palace Or In Presence Of The Chief Executive
6. Night-time; Uninhabited Place; With A Band

5
Name: Class number:
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Section: Schedule:
7. On Occasion Of A Calamity
8. Aid Of Armed Men Or Means To Ensure Impunity
9. Recidivism
10. Reiteration or Habituality
11. Price, Reward Or Promise
12. Inundation, Fire, Poison
13. Evident Premeditation
14. Craft, Fraud Or Disguise
15. Superior Strength Or Means To Weaken Defense
16. Treachery
17. Ignominy
18. Unlawful Entry
19. Breaking Wall, Floor, Roof
20. With Aid Of Persons Under 15 By Motor Vehicle
21. Cruelty
THREE TYPES of alternative circumstances:
1. Relationship
2. Intoxication
3. Degree of education/instruction.
Circumstances which must be taken in consideration as aggravating or mitigating according to the

nature and effects of the crime
1. Relationship (BRADSS)
i. Spouse
ii. Ascendant
iii. Descendant
iv. Brother
v. Sister
vi. Relative by Affinity
2. Intoxication
It is only the circumstance of intoxication which: a) if not mitigating, b) is automatically aggravating.

6
Name: Class number:
Date:
Section: Schedule:
(Read the notes together with your codal)
Art. 16. Who are criminally liable. — The following are criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals.
2. Accomplices.
Art. 17. Principal

a.1)When mitigating
By Direct Participation
(1) There
2) Inducementan indication that
must be
(a) becauseCooperation
3) By Indispensable of the alcoholic intake of the offender,
(b) He is suffering from diminished self-control.
(c) It is not the quantity of alcoholic drink.
(d) Rather it is the effect of the alcohol upon the offender which shall be the basis of
themitigating circumstance.
(2) That offender is

(a) not a habitual drinker and
(b) did not take alcoholic drink with the intention to reinforce his resolve to commit
crime
b) When Aggravating:
(1) If intoxication is habitual
(2) If it is intentional to embolden offender to commit crime
3. Degree of Instruction/ Education
Refers to the lack of sufficient intelligence of and knowledge of the full significance of one‘s act
Being illiterate does not mitigate liability if crime committed is one which one inherently understands
as wrong (e.g. parricide)
To be considered mitigating, degree of instruction must have some reasonable connection to

theoffense.

7
Name: Class number:
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Section: Schedule:
1. By Direct Participation
Those who are liable:

a) materially execute the crime;
b) appear at the scene of the crime;
c) perform acts necessary in the commission of the offense.
2. By Inducement
Inducement must be strong enough that the person induced could not resist. This is tantamount to an
irresistible force compelling the person induced to carry out the crime. Ill-advised language is not
enough unless he who made such remark or advice is a co-conspirator in the crime committed.
When does a principal by induction become liable:

• The principal by induction becomes liable only when the principal by direct participation
committed the act induced.
3. By Indispensable Cooperation
The focus is not just on participation but on the importance of participation in committing the crime.
The basis is the importance of the cooperation to the consummation of the crime. If the crime could
hardly be committed without such cooperation, then such cooperator would be a principal. If the
cooperation merely facilitated or hastened the consummation of the crime, the cooperator is merely an
accomplice.
In case of doubt, favor the lesser penalty or liability. Apply the doctrine of pro reo.
Pro reo doctrine: Whenever a penal law is to be construed or applied and the law admits of two
interpretations - one lenient to the offender and one strict to the offender, that interpretation which is
lenient or favorable to the offender will be adopted.
Basis: The fundamental rule that all doubts shall be construed in favor of the accused and presumption
of innocence of the accused
Art. 18. Accomplices

8
Name: Class number:
Date:
Section: Schedule:
When is one regarded as an accomplice:
A) Determine if there is a conspiracy.

• If there is, as a general rule, the criminal liability of all will be the same, because the act of
one is the act of all.
What are the other traits of an accomplice:
1) does not have previous agreement or understanding; or

2) is not in conspiracy with the principal by direct participation.
Requisites:
1) That there be community of design; that is, knowing the criminal design of the principal by direct
participation, he concurs with the latter in his purpose;
2) That he cooperates in the execution of the offense by previous or simultaneous acts, with the
intention of supplying material or moral aid in the execution of the crime in an efficacious way;
and
3) That there be a relation between the acts done by the principal and those attributed to the
person charged as accomplice.
Art. 19. Accessories
1. When accessories are not criminally liable:
a) When the felony committed is a light felony
b) When the accessory is related to the principal as:
ii d t d d t

9
Name: Class number:
Date:
Section: Schedule:
offender to profit therefrom.
2. When one cannot be an accessory:
1) he does not know the commission of the crime
2) he participated in the crime as a principal or an accomplice.
Art. 20. - Accessories who are exempt from criminal liability
When an accessory is exempt from criminal liability:
When the principal is his:
a) spouse,
b) ascendant
c) descendant
d) legitimate, natural or adopted brother, sister or relative by affinity within the same degree.
When an accessory is NOT exempt from criminal liability even if the principal is related to him:
1) If such accessory o profited from the effects of the crime, or

2) assisted the offender to profit by the effects of the crime
Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (P.D.

1829)
What is imposed:
1) Prision correccional in its maximum period, or

2) Fine ranging from PhP 1,000 – 6,000, or
3) Both Upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and prosecution of criminal cases through the
acts enumerated in Sec. 1 of the law.
Compare the PD 1829 with Article 20, RPC (accessories exempt from criminal liability)

10
Student Activity Sheet#14
Name: Class number:
Date:
Section: Schedule:
Ground for exemption under Art. 20 Based on ties of blood and the preservation of the cleanliness of
one‘s name, which compels one to conceal crimes committed by relatives so near as those mentioned.
Accessory is not exempt from criminal liability even if the principal is related to him if he a) profited by
the effects of the crime, or b) assisted the offender to profit by the effect of the crime.
The punishable acts in PD 1829, compared to RPC Art. 20, are prompted by a detestable greed,
not by affection.
1) Activity 1: Content Notes (13 mins)
JUSTIFYING EXMEPTING MITIGATING AGGRAVATING ALTERNATIVE

THERE IS A THERE IS A THERE IS A THERE IS A
WRONG FELONY FELONY FELONY
NO WRONG
No criminal Decreased Increased Increased/Decreased
No criminal liability Criminal Liability Criminal Liability Criminal Liability
liability
With civil liability With civil liability With civil liability With civil liability
No civil liability Except: accident;
Except: state of insuperable

11
Name: Class number:
Date:
Section: Schedule:
necessity cause
JUSTIFYING CIRCUMSTANCES EXEMPTING CIRCUMSTANCES

It affects the act, not the actor. It affects the actor, not the act.
The act is considered to have been done within The act complained of is actually wrongful, but
the bounds of law; hence, legitimate and lawful in the actor is not liable.
the eyes of the law.
Since the act is considered lawful, there is no Since the act complained of is actually wrong,
liability. there is a crime but since the actor acted without
voluntariness, there is no dolo or culpa.
There is no criminal or civil liability. There is a crime, although there is no criminal, so
there is civil liability (Except: Art. 12, par. 4 and 7
where there is no civil liability.
Difference between irresistible force and uncontrollable fear in Exempting

Circumstances
IRRESISTIBLE FORCE UNCONTROLLABLE FEAR

Irresistible force must operate directly upon the Uncontrollable fear may be generated by a
person of the accused and the injury feared may threatened act directly to a third person such as
be a lesser degree than the damage caused by the wife of the accused, but the evil feared must
the accused. be greater or at least equal to the damage
caused to avoid it.
Offender uses physical force or violence to Offender employs intimidation or threat in
compel another person to commit a crime. compelling another to commit a crime.

12
Name: Class number:
Date:
Section: Schedule:
Provisions under Mitigating Circumstance
Sufficient provocation as a requisite of Provocation as a mitigating circumstance

incomplete self-defense
It pertains to its absence on the part of the It pertains to its presence on the part of the
person defending himself. (People v. CA, G.R. offended party.
No. 103613, 2001)
Provocation Vindication
It is made directly only to the person committing The grave offense may be committed against the
the felony. offender‘s relatives mentioned by law.
The offense need not be a grave offense. The offended party must have done a grave
offense to the offender or his relatives.
The provocation or threat must immediately The grave offense may be proximate, which
precede the act. admits of an interval of time between the grave
offense done by the offended party and the
commission of the crime by the accused.
It is a mere spite against the one giving the It concerns the honor of the person.
provocation or threat.

13
Name: Class number:
Date:
Section: Schedule:
Generic aggravating circumstances Qualifying aggravating circumstances
The effect of a generic AC, not offset by any The effect of a qualifying AC is not only to give the
mitigating circumstance, is to increase the crime its proper and exclusive name but also to
penalty which should be imposed upon the place the author thereof in such a situation as to
deserve no other penalty than that specially
accused to the MAXIMUM PERIOD.
prescribed by law for said crime.
It is not an ingredient of the crime. It only affects the The circumstance affects the nature of the crime
penalty to be imposed but the crime remains the itself such that the offender shall be liable for a
same more serious crime. The circumstance is actually
an ingredient of the crime
The circumstance can be offset by an ordinary Being an ingredient of the crime, it cannot be
mitigating circumstance offset by any mitigating circumstance
Par. 6 By a band Par. 8 With aid of armed men
Requires more than 3 armed malefactors At least two armed men
Requires that more than three armed malefactors This circumstance is present even if one of the
shall have acted together in the commission of an offenders merely relied on their aid, for actual aidis
offense not necessary
Band members are all principals Armed men are mere accomplices

14
Name: Class number:
Date:
Section: Schedule:
Provisions of Aggravating Circumstances
Par. 9 Recidivism Par. 10 Reiteracion

It is enough that a final judgment has been It is necessary that the offender shall have served
rendered in the first offense. out his sentence for the first offense.
Requires that the offenses be included in the The previous and subsequent offenses must not
same title of the Code be embraced in the same title of the Code
Always to be taken into consideration in fixing the Not always an aggravating circumstance
penalty to be imposed upon the accused
Rationale is the proven tendency to commit a Rationale is the proven resistance to rehabilitation
similar offense
Art. 14, Par. 9 Recidivism Art. 62 par. 5 Habitual Delinquency
Two convictions are enough At least three convictions are required
The crimes are not specified; it is enough that they The crimes are limited and specified to: a. serious
may be embraced under the same title of the physical injuries, b. Less serious physical injuries,
Revised Penal Code c. robbery, d. theft, e. estafa or swindling and
f. falsification
There is no time limit between the first conviction There is a time limit of not more than 10 years
and the subsequent conviction. Recidivism is between every conviction computed from the first
imprescriptible. conviction or release from punishment thereof to

15
Name: Class number:
Date:
Section: Schedule:
conviction computed from the second conviction

or release therefrom to the third conviction and so
on
It is a generic aggravating circumstance which can Habitual delinquency is a special aggravating
be offset by an ordinary mitigating circumstance. circumstance, hence it cannot be offset by any
mitigating circumstance.
If not offset, it would only increase the penalty
prescribed by law for the crime committed to its Aside from the penalty prescribed by law for the
maximum period crime committed, an additional penalty shall be
imposed depending upon whether it is already the
third conviction, the fourth, the fifth and so on
Art. 25. Penalties which may be imposed. The penalties which may be imposed according to
this Code, and their different classes, are those included in the following:
B. Penalties which may be imposed
1. Scale of Principal Penalties
a. Capital punishment:
(1) Death.
b. Afflictive penalties:
(1) Reclusion perpetua- 20 years and 1 day to 40 years
(2) Reclusion temporal- 12 years and 1 day to 20 years
(3) Perpetual or temporary absolute disqualification
(4) Perpetual or temporary special disqualification
(5) Prision mayor-6 years and 1 day to 12 years

16
Name: Class number:
Date:
Section: Schedule:
Correctional penalties:
(1) Prision correccional- 6 months and 1 day to 6 years

(2) Arresto mayor- 1month and 1 day to 6 months
(3) Suspension
(4) Destierro.
d. Light penalties:
(1) Arresto menor- 1 day to 30 days

(2) Public censure.
e. Penalties common to the three preceding classes:
(1) Fine, and

(2) Bond to keep the peace.
Destierro is a principal penalty. It is a punishment whereby a convict is banished to a certain

place and is prohibited from entering or coming near that place designated in the sentence
Absolutory causes are those where the act committed is a crime but for reasons of
public policy and sentiment there is no penalty imposed.
There are FOUR TYPES of absolutory circumstances:
1. Instigation
2. Pardon
3. Other Absolutory Causes
4. Acts Not Covered By Law And In Case Of Excessive Punishment (Art. 5)

17
Name: Class number:
Date:
Section: Schedule:
Entrapment Instigation
Ways and means are resorted to for the purpose The instigator practically induces the would-be
of trapping and capturing the lawbreaker in the accused into the commission of the offense and
execution of his criminal plan himself becomes a co-principal.
The means originate from the mind of the criminal. The law enforcer conceives the commission of the
crime and suggests to the accused who carries it
into execution.
A person has planned or is about to commit a A public officer or a private detective induces an
crime and ways and means are resorted to by a innocent person to commit a crime and would
public officer to trap and catch the criminal. arrest him upon or after the commission of the
crime by the latter.
Not a bar to the prosecution and conviction of the The accused must be acquitted because the
lawbreaker. offender simply acts as a tool of the law enforcers
EXAMPLE OF ENTRAPMENT: A, a government anti-narcotics agent, acted as a poseur buyer of

shabu and negotiated with B, a suspected drug pusher who is unaware that A is a police officer. A then
paid B in marked money and the latter handed over a sachet of shabu. Upon signal, the cops closed
in on B.
EXAMPLE OF INSTIGATION: A, leader of an anti-narcotics team, approached and persuaded B to

act as a buyer of shabu and transact with C, a suspected pusher. B was given marked money to pay
C for a sachet of shabu. After the sale was consummated, the cops closed in and arrested both B
and C.
Entrapment - Entrapping persons into crime for the purpose of instituting criminal prosecutions. It is a
scheme or technique ensuring the apprehension of the criminals by being in the actual crime scene.
The law officers shall not be guilty to the crime if they have done the following: a. He does not induce
a person to commit a crime for personal gain or is not involved in the planning of the crime. b. Does
take the necessary steps to seize the instrument of the crime and to arrest the offenders before he
obtained the profits in mind.
Instigation - The involvement of a law officer in the crime itself in the following manner: a. He induces
a person to commit a crime for personal gain. b. Doesn‘t take the necessary steps to seize the
instrument of the crime & to arrest the offenders before he obtained the profits in mind. c. He obtained

18
Name: Class number:
Date:
Section: Schedule:
the profits in mind even through afterwards does take the necessary steps seize the instrument of the
crime and to arrest the offenders.
2. Pardon
General rule: Pardon does not extinguish criminal action (Art 23).
Exception: Pardon by marriage between the accused and the offended party in cases of SEDUCTION,
ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS (Art 344).
3. Other Absolutory Causes
a. Spontaneous desistance
b. Light felonies not consummated
c. Accessories in light felonies
d. Accessories exempt under Article 20
e. Trespass to dwelling to prevent serious harm to self
f. exemption from criminal liability in crimes against property
g. Under Article 332, exemptions from criminal liability for cases of theft, swindling and malicious
mischief. There would only be civil liability.
h. Death under exceptional circumstances (Art. 247)
i. Under Article 219, discovering secrets through seizure of correspondence of the ward by their
guardian is not penalized.
j. Ways on how criminal liability is extinguished under Art 89.
4. Acts Not Covered By Law And In Case Of Excessive Punishment
a. The court cannot convict the accused because the acts do not constitute a crime. The proper
judgment is acquittal, but the court is mandated to report to the Chief Executive that said act be
made subject of penal legislation and why.
b. Where the court finds the penalty prescribed for the crime too harsh considering the conditions
surrounding the commission of the crime, the judge should impose the law the judge should impose
the law. The most that he could do is recommend to the Chief Executive to grant executive
clemency.

19
Name: Class number:
Date:
Section: Schedule:
1) Activity 2: Skill-building Activities (with answer key) (18 mins + 2 mins checking)
Instruction:
EXTINCTION OF CRIMINAL LIABILITY
Two kinds of extinguishment of criminal liability:
A. TOTAL EXTINGUISHMENT
1. By prescription of crime
2. By prescription of penalty
3. By the death of the convict
4. By Service of sentence
5. By Amnesty

20
Name: Class number:
Date:
Section: Schedule:
6. By Absolute Pardon
7. By the marriage of the offended woman and the offender in the crimes of rape, abduction,
seduction and acts of lasciviousness. (Art. 344)
B. PARTIAL EXTINGUISHMENT
1. By Conditional Pardon
2. By Commutation of sentence
3. For good conduct, allowances which the culprit may earn while he is serving sentence
4. By Parole
5. By Probation
1) Prescription of crimes (Art. 90)
Definition: The forfeiture or loss of the right of the State to prosecute the offender, after the lapse of a
certain period of time.
General Rule: Prescription of the crime begins on the day the crime was committed.
Exception: The crime was concealed, not public, in which case, the prescription thereof would only
commence from the time the offended party or the government learns of the commission of the crime.
Prescriptive Periods of Crimes
1) Crimes punishable by death, reclusion 20 years

perpetua or reclusion temporal
2) Afflictive penalties 15 years

(Refer to Art. 25) 10 years
3) Correctional penalties Note: Those punishable
by arresto mayor 5 years
Note: When the penalty fixed law is a compound The highest penalty shall be made a basis
one
4) Libel 1 year
5) Oral defamation and slander by deed 6 months
6) Simple slander 2 months

21
Name: Class number:
Date:
Section: Schedule:
7) Grave slander 6 months

8) Light offenses 2 months
9) Crimes punishable by fines: 15 years
a) Fine is afflictive 10 years

b) Fine is correctional
c) Fine is light 2 months
Note: Subsidiary penalty for non-payment not

considered in determining the period Note: When
fine is an alternative penalty higher than the other
penalty which is by imprisonment, prescription of
the crime is based on the fine.
2) Prescription of Penalty - The loss or forfeiture of the right of the government to execute the
final sentence after the lapse of a certain period of time.
Elements:
1. Penalty is imposed by final judgment

2. Convict evaded service of sentence by escaping during the term of his sentence
3. The convict who has escaped from prison has not given himself up, or been captured, or gone to a
foreign country with which we have no extradition treaty, or committed another crime
4. The penalty has prescribed because of the lapse of time from the date of the evasion of service of the
sentence by the convict.
Period commences to run from the date when he culprit evaded18 the service of sentence
When interrupted:
A) Convict gives himself up
B) Is captured
C) Goes to a foreign country with which we have no extradition treaty
D) Commits any crime before the expiration of the period of prescription

22
Name: Class number:
Date:
Section: Schedule:
Prescriptive Periods of Penalties

Death and reclusion perpetua 20 years Other
afflictive penalties 15 years
Correctional penalties 10 years
Note: If arresto mayor 5 years
Light penalties 1 year
Pardon by the offended party
Art. 23. Effect of pardon by the offended party. — A pardon of the offended party does not extinguish
criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest
of the injured party is extinguished by his express waiver.
This article states the extent of a pardon made by the offended party. Under this article, a pardon
does not extinguish the criminal liability of an offender except for cases under Article 344
(Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of
lasciviousness).
But the civil liability with regard to the interest of the injured party is extinguished.
Pardon by the Chief Executive
Absolute Pardon is an act of grace, proceeding from the power entrusted with the
execution of the laws. Exempts the individual from the penalty of the crime he has committed.
Amnesty
It is extended in behalf of certain classes of persons who are subject to trial or even before trial,
after trial or even after conviction. Erases not only the conviction but the crime itself.
AMNESTY ABSOLUTE PARDON

23
Blanket pardon to classes of persons, guilty of Includes any crime and is exercised individually
political offenses
May still be exercised before trial or investigation The person is already convicted
Looks backward- it is as if he has committed no Looks forward- he is relieved from the

offense consequences of the offense, but rights not
restored unless explicitly provided by the terms of
the pardon
Both do not extinguish civil liability
Public act which the court shall take judicial Private act of the President and must be pleaded
notice of and proved by the person pardoned
Valid only when there is final judgment Valid if given either before or after final judgment
PARTIAL EXTINGUISHMENT
1. By Conditional Pardon
2. By Commutation of sentence
3. For good conduct, allowances which the culprit may earn while he is serving sentence
4. By Parole
5. By Probation
A. Nature of conditional pardon.
Conditional pardon delivered and accepted is considered a contract between the sovereign power
of the executive and the convict that the former will release the latter upon compliance with the
condition.
Usual condition imposed upon the convict in conditional pardon.

24
Name: Class number:
In conditional pardon, the condition usually imposed upon the convict is that "he shall not again violate
any of the penal laws of the Philippines."
B. Commutation of sentence.
It is a change of the decision of the court made by the Chief Executive by reducing the degree of
the penalty inflicted upon the convict, or by decreasing the length of the imprisonment or the amount
of the fine.
Specific cases where commutation is provided for by the Code.
1. When the convict sentenced to death is over 70 years of age. (Art. 83)
2. When eight justices of the Supreme Court fail to reach a decision for the affirmance of the death
penalty.
In either case, the degree of the penalty is reduced from death to reclusion perpetua.
In commutation of sentence, consent of the offender is not necessary. The public welfare, not his
consent, determines what shall be done. (Biddle vs. Perovich, 274 U.S. 480)
C. For good conduct allowances.
Allowances for good conduct are deductions from the term of the sentence for good behavior.
(Art. 97)
This is different from that provided in Art. 29 which is an extraordinary reduction of full time or
four-fifths of the preventive imprisonment from the term of the sentence.
A prisoner is also entitled to special time allowance for loyalty. (Art. 98) A deduction of 1/5 of
the period of his sentence is granted to a loyal prisoner. (See Art. 158.)
Under the new law of Good Conduct Time Allowance, RA 10592, the prisoner or detainee is
entitled to 2/5 deduction for loyalty, when he/she return within 48 hours upon the declaration that the
jail/prison is already safe from calamity.
D. Parole
The parole granted to a convict by the Parole Board should be added. A parole may be granted
to a prisoner after serving the minimum penalty under the Indeterminate Sentence Law.
Definition of parole.
Parole consists in the suspension of the sentence of a convict after serving the minimum term of
the indeterminate penalty, without granting a pardon, prescribing the terms upon which the sentence
shall be suspended.

25
If the convict fails to observe the conditions of the parole, the Board of Pardons and Parole is

26
Name: Class number:
authorized to direct his arrest and return to custody and thereafter to carry out his sentence without
deduction of the time that has elapsed between the date of the parole and the subsequent arrest.
E. Probation
Probation is denned as "a disposition under which a defendant, after conviction and sentence,
is released subject to conditions imposed by the Court and to the supervision of a probation officer."
(Sec. 3, P.D. No. 968 [Probation Law]). The PD 968 was already amended by RA 10707. The Probation
affects the criminal aspect of the case only. This does not affect the civil liability.
Here, the convicted person who was able to avail probation shall be given a suspension of the
execution of the penalty. Because of this, even if the person is serving his sentence outside prison, but
violates the conditions of probation, he will be thrown back to prison and serve the original sentence.
SECTION 2. Section 9 of the same Decree, as amended, is hereby further amended to read as
follows:
“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:
“a. sentenced to serve a maximum term of imprisonment of more than six (6) years;
“b. convicted of any crime against the national security;
“c. who have previously been convicted by final judgment of an offense punished by imprisonment of
more than six (6) months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00);
“d. who have been once on probation under the provisions of this Decree; and
“e. who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.”
Instruction: You get your notebook and pen. I want you to create you notes on the lessons from 1-7.
The lessons are indicated below. You create your own style of making bank notes. You have the freedom
to be creative and make note taking fun. However, you should have an end in mind that the purpose of
this activity if for you to have a deeper understanding on the topics. Science shows that if you can explain
in your own words and understanding a particular word or concept, then it is safe to say that you have a
clear understanding on that concept. Also, make sure that you write not only for today’s activity but for
the board exams. Make sure that you can use this when you take the review for the board which is the

27
second purpose of this activity. Ready? Now, refer below for the topics. Fighting!
LESSON TOPIC
1 • Concepts and Developments of Law and Criminal Law
- The Police Power and the Inherent Powers of the State

- The Branches of Government its functions and Interplay
- Branches of Law
• Theories in Criminal Law Punishment and Sentencing

- Classical Theories
- Positivists Theories
- Other theories used in Special Penal Laws
2 • Sources of Criminal Law and the Limitations of Criminal Law

- Constitution, Acts, Republic Acts, Presidential Decrees, Executive Order
and Court Decisions
- Bill of Rights
- Characteristics of Criminal Law
• Art. 2 of RPC
- Doctrines and Principles of Criminal Law
- Mala In Se versus Mala Prohibita
- Mens Rea versus Actus Reus
3 •Objective and Subject Phases of Felony

- Material and Formal forms of Crimes
• Elements and Nature of Crime, Felony, Offense, Infraction or Misdemeanor
4 • Motive versus intent

28
Name: Class number:
- Dolo versus Culpa

• Felonies
- Art 3. – Definitions
- Art. 4. – Criminal Liability
5
• Art. 5. – Duty of the Court in connection to criminal acts committed
• Stages of the Commission of Felony

- Art. 6. Consummated, Frustrated, and Attempted Felonies
6 • Art. 7. – When Light Felonies are Punishable
• Conspiracy and Proposal to Commit Felony

- Art. 8. – Conspiracy and Proposal to Commit Felony
7 • Classification of the Gravity of the Felony

Art. 9 – Grave Felonies, Less Grave, and Light Felonies

29

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CRI 057: CRIMINAL LAW 1

Student Activity Sheet #1

Name: Class number:

Section: Schedule: Date:

Three Inherent Powers of the State

This document is the property of PHINMA EDUCATION 1

Name: Class number:

Power of Eminent Domain

It is also known as the power of expropriation.

Branches of the Government

Legislative Executive Judicial

Create or enact Implement laws Apply or

This document is the property of PHINMA EDUCATION 2

Theories of Criminal Law

Theories in Criminal Law

(1) Classical Theory

Characteristics of the Classical Theory

Characteristics of the Positivist Theory

Characteristics of Eclectic or Mixed Theory

This document is the property of PHINMA EDUCATION 3

Name: Class number:

Section: Schedule: Date:

Sources of Philippine Criminal Law

No common law crimes in the Philippines.

Limitations on the power of the lawmaking body to enact penal legislation

An ex post facto law is one which:

This document is the property of PHINMA EDUCATION 4

This document is the property of PHINMA EDUCATION

Constitutional rights of the accused.

This document is the property of PHINMA EDUCATION

Name: Class number:

Characteristics of Criminal law.

Criminal law has three main characteristics:

Exceptions to the general application of Criminal Law.

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

This document is the property of PHINMA EDUCATION

Exceptions to the prospective application of criminal laws.

But this exception has no application:

Mens rea – it means guilty mind.

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Name: Class number:

1) Felony refers to violations of the Revised Penal Code;

Today, we will focus on felony.

The elements of felonies in general are:

1) That there must be an act or omission;

This document is the property of PHINMA EDUCATION

This document is the property of PHINMA EDUCATION

This document is the property of PHINMA EDUCATION

Name: Class number:

This document is the property of PHINMA EDUCATION

Name: Class number:

The Manner of Committing the Crime

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Name: Class number:

Intent distinguished from motive.

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Name: Class number:

Requisites of mistake of fact as a defense:

Criminal intent is necessary in felonies committed by means of dolo.

Article 4, Revised Penal Code: Criminal Liability.

- Criminal liability shall be incurred:

This document is the property of PHINMA EDUCATION