CLJ-221: Criminal Law - Book 1 Atty. Eduardo A.

Duero
Week 4 -6 Associate Professor V
Criminal Law & Jurisprudence Capiz State University
1ST Semester 2020-2021 Dayao Satellite College

Module 1, Lesson 5-10

CRIMES

I. Introduction

This module is a self-instructional material intended to cater the needs of the Criminal
Justice Education students for a simple understanding and application of criminal law in relation
to criminal investigation to prepare the students in the actual exercise of their profession as law
enforcement officers. This module was prepared to partly replace the face to face holding of
classes.

This module consist of two parts: Part 1 is composed of: The general aspects of criminal
law, crime, felonies, all topics for the Mid-term period. Part 11 is all topics for the Final term
period includes circumstances that affects criminal liability, persons criminally liable, rights of
the accused and penalties.

The improvement of this module would depend on the students and other criminal law
professors who may provide some feedback for the refinement of its future content and
presentation.

Learning Outcomes

Upon completion of this Module, you shall be able to have:

1. Learned the concepts and principles of crime

2. Determined the classification of crimes
3. Understood the development of crimes.
4. Explained heinous crime and continuing crime
5. Grasped the concept of impossible crime
6. Mastered the plurality of crimes

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 Learning Contents

CRIME

WHAT IS A CRIME?

It may be defined as an act or omission punishable by law. It also defined as a violation

of a law in which there is injury to the public or a member of the public and a term in jail or
prison, and/or a fine as possible penalties. The Revised Penal code punishes crimes and are
referred to as intentional and culpable felonies. On the other hand, special laws penalize offenses
wherein the absence or presence of unlawful intent is immaterial to its commission. (Moreno’s
Law Dictionary)

HOW DOES AN ACT DEVELOP INTO A CRIME?

The development of crime is through:

1. Internal Acts which refer to intent, ideas and plans; generally not punishable. The
intention and act must concur. Example: John plans to kill Peter and;

2. External Acts which refer to preparatory acts and acts of execution. Preparatory acts
are acts tending toward the crime. These acts do not yet constitute even the first stage of the acts
of execution. Intent not yet disclosed. Example: John goes to his room to get a gun. On the other
hand, acts of execution usually refers to overt acts with a logical relation to a particular concrete
offense which is punishable under the Revised Penal Code. Example; John shoots Peter. A
commission of the felony is deemed commenced when the following are present: a. There are
external acts and; b. Such external acts have a direct connection with the crime intended to be
committed.

IS THERE A CRIME COMMITTED WHEN THERE IS NO LAW PUNISHES IT?

There is no crime when there is no law that defines and punishes it, “Nullum crimen nulla
poene sine lege”. Penal laws are enacted and for this reason no matter how perverse an act, it is
not considered a crime unless there is a law that punishes it.

WHAT ARE THE THREE CLASSIFICATION OF CRIMES?

The classification are the following:

1. Felony refers to crimes in violation of the Revised Penal code.

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 2. Offense is a violation of special laws, like for example violation of Republic Act 9165
or other laws enacted by congress.

3. Infraction/Misdemeanor is a violation of an ordinance passed by the municipal/city

or barangay counsel.

WHAT IS A HEINOUS CRIME?

Heinous crime is a grievous, odious and hateful offense which by reason of its inherent or
manifest wickedness, viciousness, atrocity and perversity, is regarded as seriously outrageous to
the common standards or norms of decency and morality in a just , civilized and orderly society.

WHAT IS IMPOSSIBLE CRIME?

It is a crime committed 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 an
account of the employment of inadequate or ineffectual means.

WHAT IS THE PURPOSE OF PUNISHING IMPOSSIBLE CRIMES?

The purpose of punishing impossible crimes is to suppress criminal propensity or tendencies.

Even though objectively, the offender has not committed a felony, but subjectively, the offender
is a criminal.

WHAT ARE THE REQUISITES OF IMPOSSIBLE CRIME?

The requisites are the following:

1. That the act performed would be an offense against persons or property;

2. That the act was done with evil intent;

3. That its accomplishment is inherently impossible, or that the means employed is either
inadequate or ineffectual; and

4. That the act performed should not constitute a violation of another provision of the
Revised Penal Code.

WHAT IS INHERENT IMPOSSIBILTY?

It means that the act intended by the offender is by its nature one of impossible
accomplishment which may be legal or factual impossibility.

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 Legal impossibility refers to the performance of intended acts, though the motive and
expectation of the offender is to perform an act in violation of the law, still the consequence
resulting from the intended act does not amount to a crime.

Factual impossibility refers to extraneous circumstances unknown to the actor or beyond

his control which prevent the consummation of the intended crime.

A person stole three laying chicken from a yard belonging to three different owners, he
committed what crime?

Continuous crime

WHAT IS CONTINUING CRIMES?

Continuing crime (continuous or continued) refers a single crime, consisting of a series of

acts but all arising from one criminal resolution. 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 continuing crime
for the total sum or value abstracted.

Continuing offense refers to a continuous, unlawful act or series of acts set on foot by a
single impulse and operated by an unintermittent 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. Example: A thief who took from a yard of a house two game roosters
belonging to two different persons was ruled to have committed only one crime of theft, because
there is a unity of thought in the criminal purpose of the offender. The accused was animated by
a single criminal impulse. (People v. De Leon, 1926).

WHAT IS THE DEFFERENCE BETWEEEN CONTINUED CRIMES FROM OTHER

CRIMES?

A continued crime is not a complex crime. The offender here does not perform a single
act, but a series of acts, and one offense is not a necessary means for continuing the other. Hence,
the penalty is not to be imposed in its maximum period.

A continued crime is different from a transitory crime (moving crime.) in criminal

procedure for purposes of determining venue. When a transitory crime is committed, the
criminal action may be instituted and tried in the court of the municipality, city or province
wherein any of the essential ingredients thereof took place.

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WHAT IS PLURALITY OF CRIMES?

The philosophy behind these crimes is that through its concept, several crimes are treated
as one. The purpose of this is to allow leniency towards the offender, who, instead of being made
to suffer distinct penalties for every resulting crime is made to suffer one penalty only, although
it is the penalty for the most serious one and is imposed in its maximum period. It has the
following requisites: a. consists of the successive execution; b. by the same individual; c. of
different criminal acts and; d. for any of which no conviction has yet been declared.

WHAT ARE THE DIFFERENT KINDS OF PLURALITY OF CRIMES?

The different kinds of plurality of crimes are the following:

1. Real or Material Plurality refers to the one which there are different crimes in law as
well as in the conscience of the offender. In such cases, the offender shall be punished for each
and every offense that he committed.

2. Formal or Ideal Plurality refers to the one which there is only one criminal liability in
this kind of plurality. It is divided into three groups:

a. Complex Crimes - When the offender commits either of the complex crimes defined in
Art. 48 of the Code.

b. Special Complex Crimes - When the law specifically fixes a single penalty for 2 or
more offenses committed.

c. Continuing and Continued Crimes - A single crime consisting of a series of acts but all
arising from one criminal resolution.

WHAT ARE THE TWO KINDS OF COMPLEX CRIMES?

They are the following:

1. Compound Crime which requisites are: 1. That only a single act is performed by the
offender and; 2. That the single acts produces:

a. 2 or more grave felonies, or

b. 1 or more grave and 1 or more less grave felonies, or

c. 2 or more less grave felonies

Examples of single act is the throwing a hand grenade and a single bullet

killing two persons.

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 2. Complex Crime Proper. In complex crime proper an offense is a necessary means for
committing the other. It has the following requisites: a. that at least two offenses are committed;
b. that one or some of the offenses must be necessary to commit the other and; c. that both or all
the offenses must be punished under the same statute.

There is no complex crime proper in the following:

1. Subsequent acts of intercourse, after forcible abduction with rape, are separate acts of
rape.

2. Not complex crime when trespass to dwelling is a direct means to commit a grave
offense.

3. No complex crime, when one offense is committed to conceal the other.

4. When the offender already had in his possession the funds which he misappropriated,
the subsequent falsification of a public or official document involving said offense is a separate
offense.

5. No complex crime where one of the offenses is penalized by a special law.

6. There is no complex crime of rebellion with murder, arson, robbery, or other common
crimes (People v. Hernandez; Enrile v. Salazar).

6. In case of continuous crimes.

7. When the other crime is an indispensable element of the other offense.

WHAT IS THE GENERAL RULE IN COMPLEXING CRIMES?

They are the following:

1. When two crimes produced by a single act are respectively within the exclusive
jurisdiction of two courts of different jurisdiction, the court of higher jurisdiction shall try the
complex crime.

2. The penalty for complex crime is the penalty for the most serious crime, the same to be

applied in its maximum period.

3. When two felonies constituting a complex crime are punishable by imprisonment and
fine, respectively, only the penalty of imprisonment should be imposed.

4. Art. 48 applies only to cases where the Code does not provide a definite specific
penalty for a complex crime.

5. One information should be filed when a complex crime is committed.

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 6. When a complex crime is charged and one offense is not proven, the accused can be
convicted of the other.

7. Art. 48 also applies in cases when out of a single act of negligence or imprudence, two
or more grave or less grave felonies resulted, but only the first part is applicable, i.e. compound
crime. The second part of Art. 48 does not apply, referring to the complex crime proper because
this applies or refers only to a deliberate commission of one offense to commit another offense.

WHAT IS 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. (2) all those acts done in pursuance of the crime agreed upon are
acts which constitute a single crime. Examples are the following: 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) and; 7. Arson with homicide.

WHAT ARE THE INVOLVED CRIMES WHICH CANNOT BE LEGALLY

COMPLEXED?

They are the following?

1. Malicious obtention or abusive service of search warrant (Art. 129) with perjury;

2. Bribery (Art. 210) with infidelity in the custody of prisoners;

3. Maltreatment of prisoners (Art. 235) with serious physical injuries;

4. Usurpation of real rights (Art. 312) with serious physical injuries; and

5. Abandonment of persons in danger (Art. 275) and crimes against minors (Art. 276 to
278) with any other felony.

-End of Module 1, Lesson 5-10

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 Republic of the Philippines
CAPIZ STATE UNIVERSITY
DAYAO SATELLITE COLEGE
Dayao, Roxas City, Capiz
Tel: No. (036) 6211-230 *Telefax (036) 6211-230

Learning Assessment
Module 1, Part 1 - Lesson 5 to 10
CRIMES

NAME:_____________________________________ YEAR & SECTION_________________

DATE ____________ SCORE ________

1. Modified Multiple Choice. Select the correct answer for each of the following questions and
justify your answer based the topics discussed in the module. In answering, follow the
prescribed format. Answer in a separate page/paper (3 points each).

1. Crime is a term which includes the violation of:

A. Revised Penal Code B. Special Penal Laws C. Municipal Ordinance D. All of these

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
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. Which of the following is not a special complex crime?

A. Kidnapping with rape
B. Robbery with rape
C. Kidnapping with serious physical injuries
D. Maltreatment of prisoners with serious physical injuries;

4. X, intending to kill Y, a store owner, fired at Y from the street, but the shot killed not only Y
but also Z who was in the store. It is punishable as a:
A. complex crime proper. B. special complex crime.
C. continuing crime. D. compound crime.

5. Which is an impossible crime?

A. Wife not dying because poison used by husband was in fact sugar
B. Wife not dying because she has immunity to poison used by her husband
C. Wife not dying because the quantity of poison used by her husband was not enough
D. All of them

6. The following violation of law is considered as a violation of the Revised Penal Code.

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 A. Infraction B. Misdemeanor C. Offense D. Felony

7. A person threw a hand grenade and the people started scampering. When the hand grenade
exploded, one was seriously wounded, and others were merely wounded. What crime has
been committed:
A. complex crime proper. B. special complex crime.
C. continuing crime. D. compound crime.

8. The following violation of law is considered as a violation of Republic Acts enacted by

congress.
A. Infraction B. Misdemeanor C. Offense D. Felony

9. In the development of crime, this refers to acts which generally is not yet punishable.
A. Internal acts B. External acts C. Acts of execution D. Acts of motivation

10. Refers to plurality of crimes where the offender is punished for each offense committed.
A. Material plurality B. Ideal plurality C. Formal plurality D. All of them

11. Enrichment Activity. Answer in a clear, brief and concise manner. Make a research by
reading the topic case in the internet, preferably in ChanRobles virtual library. Present your
answer by following the sample in answering enrichment activity questions demonstrated in the
previous lessons. Answer in separate page/paper. (10 points)

QUESTION: WHAT IS THE RULING OF THE COURT IN THE CASE OF INTOD

VS. COURT OF APPEALS, G. R. NO. 103119, OCTOBER 21, 1992.