Criminal Law 1

Revised Penal Code Book I

Criminal Law - a branch of municipal law which defines crimes, treats of their nature and
provides for their punishment.
Characteristics of Criminal Law
1. Generality
2. Territorial
3. Prospective

General - binding on all persons who reside or sojourn in the Philippines.

Exceptions:
1. Treaty stipulation
2. Laws of preferential application
3. Principles of Public international law.
Examples: a. Sovereigns and other head of state.
b. Ambassador,minister plenipotentiary,minister resident and charges d'
affaires.
 But consuls,vice-consuls and other foreign commercial representatives can not claim
the privileges and immunities accorded to ambassadors and ministers

Territorial - penal laws of the Philippines are enforceable only within its territory.
Exceptions: Article 2 of the RPC - binding even on crimes committed outside of the
Philippines.
1. Offenses committed while on Philippine ship or airship.
2. Forging or counterfeiting any coin or currency note of the Philippines or the obligations
and securities issued by the government.
3. Introduction into the country of the above mentioned obligations and securities.
4. While being public officers and employees,an offense is committed in the exercise of
their functions.
5. Crimes against national security and the law of the nations defined in title I of Book II.

Prospective - the law does not have retroactive effect.

Exceptions: When the law is favorable to the accused.
Exception to the exception:
1. The new law is expressly made inapplicable to pending actions or existing causes of
action
2. Offender is a habitual criminal.

Theories of Criminal Law

1. Classical Theory - basis is man's free will to choose between good and evil, that is
why more stress is placed upon the result of the felonious act than upon the criminal
himself. The purpose of penalty is retribution. The RPC is generally governed by this
theory.
2. Positivist Theory - basis is the sum of social and economic phenomena which
conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the
provisions on impossible crimes and habitual delinquency.
3. Mixed theory - combination of the classical and positivist theories wherein crimes that
are economic and social in nature should be dealt in a positive manner. The law is thus
more compassionate.
Construction of Penal Laws
1. Liberally construed in favor of offender
Example: a. The offender must clearly fall within the terms of the law.
b. An act is criminal only when made so by the statute
2. In cases of conflict with official translation,original Spanish text is controlling.
3. No interpretation by analogy.
Limitations on power of congress to enact penal laws
1. Ex post facto law
2. Bill of attainder
3. Law that violates the equal protection clause of the constitution.
4. Law which imposes cruel and unusual punishment nor excessive fines.

Art. 1 Time When Act Takes effect - RPC took effect Feb. 1,1932.
Art. 2 Application of its provisions.
Rules:
1. Philippine vessel or airship - Philippine laws shall apply to offenses committed in
vessels registered with the Philippine Bureau of Customs. It is the registration not
citizenship of the owner which matters.
2. Foreign vessel
a. French rule - General Rule - Crimes committed aboard a foreign vessel within the
territorial waters of a country are not triable in the courts of such country.
Exception: Commission affects the peace and security of the territory or the safety
of the state is endangered
b. English Rule - General Rule - Crimes committed aboard a foreign vessel within the
territorial waters of a country are triable in the courts of such country.
Exceptions: When the crime merely affects things within the vessel or it refers to the
internal management thereof.This is applicable in the Philippines.

Title 1
Felonies and Circumstances which Affect Criminal Liability
Chapter One: Felonies

Art. 3 Definitions
Felonies - Acts and omissions punishable by the RPC.
Crime - Acts and omissions punishable by any law.
Act - An overt or external act.
Omission - Failure to perform a duty required by law.

Elements:Felonies
1. There must be an act or omission
2. This must be punishable by the RPC
3. Act or omission was done by means of dolo or culpa

Nullum Crimen,Nulla Poena Sine Lege - There is no crime when there is no law
punishing it.
Classification of Felonies According to the means by which they are committed:

1. Intentional felonies - by means of deceit (dolo)

Requisites:
a. Freedom
b. Intelligence
c. Intent
Mistake of fact - misapprehension of fact on the part of the person who caused injury
to another.He is not criminally liable.
Requisites:
a. The act done would have been lawful had the facts been as the accused believe
them to be
b. Intention is lawful.
c. Mistake must be without fault or carelessness by the accused.
2. Culpable felonies - by means of fault (culpa).
Requisites:
a. Freedom
b. Intelligence
c. Negligence (lack of foresight) and imprudence (lack of skill).

Intent
1. Purpose to use a particular means to effect a result
2. Element of crime except in crimes committed with
culpa.
3. Essential in intentional felonies.
Motive
1. Moving power which impels one to act.
2. Not an element.
3. Essential only when the identity of the felon is i
doubt.

Art. 4 Criminal Liability

Paragraph 1 - Criminal liability for a felony committed different from that intended to be
committed.
Requisites:
1. Felony has been committed intentionally.
2. Injury or damage done to the other party is the direct, natural and logical
consequences
of the felony.
Hence, since he is still motivated by criminal intent,the offender is criminally liable in:
a. Error in personae - mistake in identity
b. Abberatio ictus - mistake in blow
c. Praetor intentionem - lack of intent to commit so grave a wrong.
Proximate cause - the cause, which in the natural and continuous sequence unbroken
by any efficient intervening cause produces the injury without which the result would not
have occurred.

Paragraph 2 - Impossible crime

Requisites;
1. Act would have been an offense against persons or property.
2. There was a criminal intent.
3. Accomplishment is inherently impossible or inadequate or ineffectual means are
employed.
4. Act is not an actual violation of another provision of the RPC or of special law.

Impossible crime occurs when there is:

1. Inherent impossibility to commit the crime
2. Inadequate means to consummate the crime.
3. Ineffectual means to consummate the crime.

Art. 5 Duty of the court in connection with acts which should be repressed but
which are not covered by the law and in cases of excessive penalties.
Article 5 covers two situations:
1. The court cannot convict the accused because the acts do not constitute a crime.
a. The proper judgment is acquittal.
b. The court is mandated to report to the Chief Executive that said act be made
subject of penal legislation and why.
2. Where the court finds the penalty prescribed for the crime too harsh considering the
conditions surrounding the commission of the crime,
a. the judge should impose the law.
b. The most that he could do is recommend to the Chief Executive to grant executive
clemency.

Art. 6 Consummated, Frustrated, and Attempted Felonies

Stages of Execution
1. Consummated - when ll the elements necessary for its execution and
accomplishment are
present.

2. Frustrated - Elements
a. Offender performs all the acts of execution.
b. All these acts would produce the felony as a consequence.
c. But the felony is not produced.
d. By reason of causes independent of the will of the perpetrator.
3. Attempted - Elements
a. Offender commences the felony directly by overt acts.
b. Does not perform all acts which would produce the felony.
c. His acts are not stopped by is own spontaneous desistance.

Attempted:
1. Overt acts of execution are
started.
2. Not all acts of execution are
present
3. Due to reasons other than the
spontaneous desistance of the
perpetrator.
Frustrated:
1. All acts of execution are
present.
2. Crime sought to be committed
is not achieved
3. Due to intervening causes
independent of the will of the
perpetrator.

Consummated:
1. all acts of execution are
present.
2. The result sought is achieve

Crimes which do not admit of frustrated and attempted stages.

1. Offenses punishable by special penal laws unless the law provides otherwise.
2. Formal crimes - consummated in one instance example.slander,adultery etc.
3. Impossible crimes
4. Crimes consummated by mere attempt examples. attempt to flee to an enemy
country, treason, etc.
5. felonies by omission
6. Crimes committed by mere agreement example. corruption of public officers, betting in
sports such as 'ending"

Crimes which do not admit of frustrated stage

1.Rape
2. Bribery
3. Corruption of public officers
4. Adultery
5. Physical injury

2 Stages in the Development of a Crime

1. Internal acts - ex. mere ideas of the mind - not punishable.
2. external acts -
a. Preparatory acts - ordinarily not punishable except when considered by law as
independent crimes. ex.
possession of picklocks and similar tools.
b. Acts of execution - punishable under the RPC.

Art. 7 When Light Felonies are Punishable

General rule: Punishable only when they have been consummated.
Exception : Even if not consummated if committed against persons or property.
Examples: slight physical injuries, theft, malicious mischief, intriguing against honor,
alteration of boundary marks.
Note: Only principals and accomplices are liable, accessories are not liable even if
committed against persons or property.
Art. 8 Conspiracy and Proposal to Commit Felony
Conspiracy - Requisites
1. Two or more persons come to an agreement
2. For the commission of a felony
3. They decide to commit it

Concepts of conspiracy
1. As a crime itself - ex. conspiracy to commit rebellion,insurrection,treason,sedition,coup
d'etat
2. Merely as means to commit a crime - Requisites
a. A prior and express agreement
b. Participants acted in concert or simultaneously,which is indicative of a meeting of
the minds towards a common criminal objective.
Note: Conspiracy to commit a felony is different from conspiracy as a manner of incurring
criminal liability.
General rule: Conspiracy to commit a felony is not punishable since it is merely a
preparatory act.
Exception: When the law specifically provides for a penalty. Example: rebellion,
insurrection, sedition, coup d' etat.
General rule: The act of one is the act of all.
Exception: Unless one or some of the conspirators committed some other crime which is
not part of the intended crime.
Exception to the exception: When the act constitutes an indivisible offense.

Overt Acts In Conspiracy Must Consists of:

1. Active participation in the actual commission of the crime itself or
2. Moral assistance to his co-conspirators by being present at the time of the commission
of the crime or
3. Exerting a moral ascendance over the other co-conspirators by moving them to
execute or implement the criminal plan.

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

Importance of Classification
1. To determine whether the felonies can be complexed or not.
2. To determine the prescription of the crime and of the penalty.
Penalties (Imprisonment)
1. Grave Felonies - afflictive penalties: 6 years and 1 day to reclusion perpetua (life).
2. Less Grave Felonies - correctional penalties: 1 month and one day to 6 years.
3. Light Felonies - Arresto Menor (1 day to 30 days).

Art. 11 Justifying circumstances - where the act of a person is in accordance with

law such that said person is deemed not to have violated the law.
General rule: no criminal and civil liability incurred.
Exception: there is civil liability with respect to paragraph 4 where the liability is born by
persons benefited by the act.
Paragraph 1 Self defense
Paragraph 2 Defense of relatives
Paragraph 3 Defense of Stranger
Paragraph 4 State of Necessity (avoidance of greater evil or injury)
Paragraph 5 Fulfillment of duty or lawful exercise of a right or office.
Paragraph 6 Obedience to an order issued by a superior officer.

Art. 12 Circumstances which exempt from criminal liability.

Exempting circumstances - grounds for exemption from punishment because there is
wanting in the agent of the crime any of the conditions which make the act voluntary or
negligent.
Basis: The exemption from punishment is based on the complete absence of
negligence, freedom of action, or intent or on the absence of negligence on the part of
the accused.

Burden of proof - Any of the circumstances is a matter of defense and must be proved
by the defendant to the satisfaction of the court.

Paragraph 1 Imbecility or Insanity

Imbecile - one while advance in age has a mental development comparable to that of
children between 2 and 7 years old. He is exempt in all case from criminal liability.
Insane - one who acts with complete deprivation of intelligence/reason or without the
least discernment or with total deprivation of freedom of will. Mere abnormality of the
mental faculties will not exclude imputability.

Paragraph 2 Under 9 years of age

Requisites: Offender is under 9 years of age at the time of the commission of the
crime. There is absolute criminal irresponsibility in the case of a minor under 9 years of
age.
Note: Under RA 9344 or the Juvenile Justice and Welfare Act, a minor 15 years old and
below is exempt from criminal liability.

Paragraph 3 Person over 9 and under 15 acting without discernment

Note: Such minor must have acted without discernment to be exempt.If with
discernment, he is criminally liable.
Presumption - the minor committed the crime without discernment.
Discernment - mental capacity to fully appreciate the consequences of the unlawful act
which is shown by the
1. manner the crime was committed.
2. conduct of the offender after its commission.
Note: under RA 9344,a minor over 15 but below 18 who acted without discernment is
exempt from criminal liability.

Paragraph 4 Accident without fault or intention of causing it.

Elements:
1. A person is performing a lawful act.
2. with due care
3. He causes injury to another by mere accident
4. without fault or intention of causing it.

Paragraph 5 Irresistible Force - Offender uses violence or physical force to compel

another person to commit a crime.
Elements:
1. The compulsion is by means of physical force.
2. The physical force must be irresistible.
3. The physical force must come from a 3rd person.
Note: Force must be irresistible so as to reduce the individual to a mere instrument.

Paragraph 6 Uncontrollable Fear - Offender employs intimidation or threat in

compelling another to commit a crime.

Duress - use of violence or physical force.

Actus me invito factus non est meus actus - Any act done by me against my will is not
my act.

Paragraph 7 Insuperable Cause - some motive, which has lawfully, morally, or

physically prevented a person to do what the law command.

Absolutory causes - where the act committed is a crime but for some reason of public
policy and sentiment, there is no penalty imposed. Exempting and justifying
circumstances are absolutory causes.

Art. 13. Mitigating circumstances - those which if present in the commission of the
crime reduces the penalty of the crime but does not erase criminal liability nor change the
nature of the crime.
Note: A mitigating circumstance arising from a single fact absorbs all the other mitigating
circumstances arising from that same fact.

Paragraph 1 Incomplete Justifying or Exempting Circumstances

Paragraph 2 Under 18 or over 70 years old
Paragraph 3 No intention to commit so grave a wrong
Paragraph 4 Provocation or threat - any unjust or improper conduct or act of the
offended party, capable of exciting, inciting, or irritating anyone.
Paragraph 5 Vindication of grave offense
Paragraph 6 Passion or Obfuscation
Paragraph 7 Surrender and Confession of guilt
Paragraph 8 Physical defect of offender - The offender is deaf and dumb, blind or
otherwise suffering from some physical defect restricting his means of action, defense, or
communication with others.
Note: The physical defect must relate to the offense committed.
Paragraph 9 Illness of the offender
Paragraph 10 Similar and Analogous Circumstances
Art. 14. Aggravating circumstances - those which if attendant in the commission of the
crime serve to have the penalty imposed in its maximum period provided by law for the
offense or those that change the nature of the crime.

Kinds of aggravating circumstances

1. Generic - those which apply to all crime
2. Specific - those which apply only to specific crimes
3. Qualifying - those that change the nature of the crime
4. Inherent - which of necessity accompany the commission of the crime, therefore not
considered in increasing the penalty to be imposed.
5. Special - those which arise under special conditions to increase the penalty of the
offense and cannot be offset by mitigating circumstances.

Par. 1 That advantage be taken by the offender of his public position.

Par. 2 That the crime be committed in contempt of or with insult to public
authorities.
Par. 3 That the act be committed:
1. With insult or in disregard of the respect due the offended party on
account of his rank, age, sex or
2. That it be committed in the dwelling of the offended party,if the latter has
not given provocation.
par. 4 That the act be committed with
a. abuse of confidence or
b. obvious ungratefulness
par. 5 That the crime be committed in the palace of the chief executive or in his
presence or where public authorities are engaged in the discharge of their duties or in a
place dedicated to religious worship.
Par. 6 That the crime be committed:
1. In the nighttime or
2. In an uninhabited place or
3. By a band
- Whenever such circumstances may facilitate the commission of the offense.
Par. 7 That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or calamity or misfortune.
Par. 8 That the crime be committed with the aid of
a. Armed men or
b. Persons who insure or afford impunity.
Par. 9 That the accused is a recidivist
Recidivist - one who at the time of his trial for one crime shall have been previously
convicted by final judgement of another crime embraced in the same title of the RPC.
Chapter Five
ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. — Alternative circumstances are those which must be taken
into
consideration as aggravating or mitigating according to the nature and effects of the
crime and the other conditions attending its commission. They are the relationship,
intoxication and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the
offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating

circumstances when the offender has committed a felony in a state of intoxication, if the
same is not habitual or subsequent to the plan to commit said felony but when the
intoxication is habitual or intentional, it shall be considered as an aggravating
circumstance.

PERSONS CRIMINALLY LIABLE FOR FELONIES

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. Principals. — The following are considered principals:

1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which
it would not have been accomplished.

Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art.
17, cooperate in the execution of the offense by previous or simultaneous acts.

Art. 19. Accessories. — Accessories are those who, having knowledge of the
commission of the crime, and without having participated therein, either as principals or
accomplices, take part subsequent to its commission in any of the following manners:
chan robles virtual law library.
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.

Chapter Three
DURATION AND EFFECTS OF PENALTIES

Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties
shall be pardoned after undergoing the penalty for thirty years, unless such person by
reason of his conduct or some other serious cause shall be considered by the Chief
Executive as unworthy of pardon.
Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years
and one day to twenty years.
Prision mayor and temporary disqualification. — The duration of the penalties of
prision
mayor and temporary disqualification shall be from six years and one day to twelve
years,
except when the penalty of disqualification is imposed as an accessory penalty, in which
case its duration shall be that of the principal penalty.
Prision correccional, suspension, and destierro. — The duration of the penalties of
prision correccional, suspension and destierro shall be from six months and one day to
six years, except when suspension is imposed as an accessory penalty, in which case,
its duration shall be that of the principal penalty.
Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month
and one day to six months.
Arresto menor. — The duration of the penalty of arresto menor shall be from one day to
thirty days.

Bond to keep the peace. — The bond to keep the peace shall be required to cover such
period of time as the court may determine.

Prescription of crime. — Crimes punishable by death, reclusion perpetua or

reclusion temporal shall prescribe in twenty years.
-Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
-Those punishable by a correctional penalty shall prescribe in ten years; with the
exception
of those punishable by arresto mayor, which shall prescribe in five years.
-The crime of libel or other similar offenses shall prescribe in one year.
-The crime of oral defamation and slander by deed shall prescribe in six months.
-Light offenses prescribe in two months.chan robles virtual law library

Art. 92. When and how penalties prescribe. — The penalties imposed by final
sentence
prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto
mayor, which prescribes in five years;
4. Light penalties, in one year.

PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is serving his
sentence.