Criminal Law

That branch of public substantive law which DTP defines crimes, treats of their nature,
and provides for their punishment.

Mala in se vs mala prohibita IGMP

1. Mala in se are inherently wrong; mala prohibita are not inherently wrong but is
prohibited by law;
2. In Mala in se, good faith is a defense; in mala prohibita, good faith is not a defense;
3. In mala in se, modifying circumstances are appreciated; in mala prohibita, it is not unless
the special law which punishes them adopts the technical nomenclature of the RPC;
4. Mala in se are generally punishable by the RPC; mala prohibita are generally punishable
by a special law.
Constitutional limitations
1. Due process and equal protection
2. No cruel penalties or excessive fines
3. No imprisonment for a debt
4. No ex post facto law- punishes an act which is innocent when committed
5. No bill of attainder-law which punishes without judicial trial
Criminal act- actus reus Criminal intent- mens rea Criminal act + criminal intent = crime
Characteristics of crim law GTP Generality, Territoriality, Prospectivity
Generality- Binding to all person who live and sojourn in the PH. Except GAP of intl. law such as:
1. Exception of Sovereigns, heads of states, ambassadors, charge d’ affaires, and
ministers except consuls and vice consuls and commercial attaché (bank
employee case: not exempt coz the act is not performed in official capacity)
2. Treaties and Laws of preferential application
Territoriality- Punishes crimes committed within the PH territory Exception SC IPN
1. Onboard a PH ship or airship (not on territorial airspace of another country)
2. Counterfeiting or forgery of coins and currency notes
3. Introducing the counterfeited coin or currency note in the PH
4. crimes committed by public officers abroad in the performance of their public function
5. crimes against National security or the law of nations
*Flag state of a foreign vessel passing through the PH has jurisdiction over crimes committed
therein, except: CDAT
1. if its Consequences extend to the Philippines
2. if it Disturbs the peace, public order or safety of the PH
3. if Assistance is requested by the master of the ship or diplomatic agent of the flag state
4. if it involves the trafficking of illegal drugs

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the court has jurisdiction to try the a case of Extra-marital affair committed abroad because the
element of mental and emotional anguish to offended wife occurred in the PH. (transitory crime)

Prospective- Penal laws cannot have retroactive effect, unless it is favorable to the accused
Exception to the exception-
1. Habitual delinquents
2. When expressly made inapplicable by the law
Pro reo (rule of lenity)- When in doubt for the accused (in dubio pro reo). Adopt that which is
favorable to the accused Equipoise Doctrine
Construction of penal laws- and liberally in favor of the accused. (only if ambiguous)
Taking intangible property is not theft because PLDT don’t own the calls, it merely transmits
them using its facilities. but taking the business is theft. Gain is any pecuniary benefit,USEP.
Absolute repeal of penal law- pending cases are dismissed, offenders are released

Requirements of malice or dolo FII Freedom, Intelligence, Intent

Requirements of culpa FIN Freedom, Intelligence, Negligence

Entrapment vs. Instigation- Entrapment is the application of means to capture the accused,
while instigation is the inducement of a person to commit a crime in order to prosecute him.
What to prove for Alibi to prosper as a defense?
1. That he was present at another place during the commission of the crime
2. physical impossibility to be present at the scene of the crime during its commission
Conspiracy- Not punishable unless specifically provided for by the law. When conspiracy is
punishable, there must be an overt act, may either be AMM active participation, moral
assistance (being present during) or moral ascendance (instructing its commission) all who have
participated shall be equally liable regardless of the extent or nature of their participation.
Conspiracy: act of one is the act of all except in committing a crime not intended by others.
Wheel circle conspiracy- a person or group (the hub) dealing individually with two or more
person or groups (the spokes). The spokes interact with the hub not with other spokes.
Chain conspiracy- where there is successive communication and cooperation as with legitimate
business operations. Individuals linked together in a chain to achieve the criminal objective.
Impossible crimes (arresto mayor) punishes not the crime but his tendency to do so.
1. Act would have been an offense against persons or property;
2. Were it not for the inherent impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means;
3. Evil intent;
4. The offender in performing the act is not violating another provision of the law.
Adultery but committed by a married woman and another woman?
Unjust vexation, (how about if committed by two men? Then VAWC, psychological abuse)

Stages of execution

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 1. a felony is attempted when the offender commences the commission of a felony
directly by overt acts but not perform all of the acts of execution by reason of some
cause or accident other than is own spontaneous desistance.
2. A felony is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but does not produce it by reason of causes
independent of the will of the perpetrator. no frustrated in RABET Rape, Arson, Bribery,
Estafa and Theft
3. consummated when all the elements for its execution and accomplishment are present
Overt act? some physical act or deed indicating the intention to commit it.

Grave felonies are those to which the law attaches the capital punishment or afflictive penalty.
Reclusion perpetua, reclusion temporal, prision mayor, fine more than 1.2M
Less grave felonies are those which the law punishes with correctional penalties.
Prision correctional, arresto mayor, suspension, destierro, fines <1.2M>40K
Light felonies infractions with a penalty of arrest menor or fine not exceeding 40K or both
malicious mischief, theft less than 500, slight physical injuries (only principals and accomplices)

Mistake of fact-misapprehension of facts by the accused which absolves him of criminal liability
1. act would have been lawful had the facts that the accused believed them to be were true
2. Intention was lawful
3. no fault or negligence
Error in personae Mistake in the identity of the victim. Pen. of Lesser crime in its maximum.
Aberratio ictus Mistake in blow. Penalty for the graver offense in its maximum
Praeter intentionem Punishment for committing an offense not intended by him. Requisites:
1. It is an intentional felony (crimes punishable by RPC) (if not intentional but with
negligence then reckless imprudence resulting in homicide or physical injuries)
2. Injury caused is the DNL direct, natural or logical consequence of the felony
committed OR if the felony is the proximate cause of the injury
Kapag praeter intentionem always use this phrase: the accused may be held guilty of the
offense which he did not intend to commit, he may however be entitled to the mitigating
circumstance of “no intent to commit so grave a wrong”
Proximate cause that which, in natural and continuous sequence, unbroken by any efficient
intervening cause, produces injury, and without which the result would not have occurred.
Efficient Intervening Cause- a cause which interrupts the natural flow of events leading to one’s
death and may relieve the offender from liability.

Continuing Crime- Single crime consisting of a series of acts arising from a single criminal intent.
One Larceny Doctrine- provides that the taking of several things, belonging to the same or
different owners, at the same time and place, constitutes one larceny only so long as there is a
single criminal impulse.

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Complex crimes
When one act constitutes two or more grave or less grave felonies (compound crime) or
when the offense is a necessary mean to commit the other(complex crime proper), the penalty
for the most serious crime shall be imposed in its maximum period.
Light felonies produced by the same act should be treated and punished as separate
offenses or may be absorbed by the grave felony.
In complex crime proper, both the offenses must be punished in the same statute.

Jason Ivler case

The rule that only grave and less grave felonies may be complexed is applicable only in
intentional felonies. In reckless imprudence, grave felonies, less grave felonies AND light
felonies should be complexed in one information so as to not violate the right of the accused
against double jeopardy.

When No Complex Crime Proper

1. Subsequent intercourse, after forcible abduction with rape, are separate acts of rape
2. When trespass to dwelling is a direct means to commit a grave offense
3. When one offense is committed to conceal the other
4. Where one of the offenses is penalized by special law
5. There is no complex crime of rebellion (rule of absorption)
6. In case of continuous crimes
7. When the other crime is an indispensable element of the other offense
8. When the crimes have common elements
9. When punishable as a single crime
10. Those crimes resulting from criminal negligence
11. In special complex crimes a.k.a. composite crimes
Special complex crimes (in the eyes of the law there is only one crime committed)
1. 2 or more crimes are committed
2. But the law treats them as a Single, Indivisible, and unique offense
3. Product of Single Criminal Impulse e.g. Robbery with homicide, robbery with rape,
robbery with arson, robbery with SPI, kidnapping with homicide,kidnapping with rape,
kidnapping with SPI, rape with homicide, carnapping with homicide
Circumstances Affecting Criminal Liability (not apply to indiv. Penalties, culpable crimes)
1. Justifying (6) no civil damages except on state of necessity, no punishment
2. Exempting (6) has civil liability, completely deprived of intent or negligence so no crime
3. Mitigating (9)
4. Aggravating (21)
5. Alternative (intoxication, relationship)
Justifying circumstances SDD AFO
Self defense: Defense of person, right, property, honor or reputation (URL)

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 1. Unlawful aggression; 2. Reasonable necessity of means employed to prevent or repel
it; and 3. Lack of sufficient provocation on the part of the person defending himself.
Defense of relatives (URN) 1. Unlawful aggression; 2. Reasonable necessity of means
employed to prevent or repel it; and 3. Lack of sufficient provocation on part of relative, or, in
case provocation, the one making the defense had No part therein.
Defense strangers (URI)
1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent it;
and 3. The person defending was not Induced by revenge, resentment or other evil motive.
Avoidance of greater evil (ENIM) aka state of necessity (there is civil liability)
1. Evil sought to be avoided actually Exists. 2. Evil was not produced by the person
invoking the justifying circumstance 3. Injury feared be greater than that done to avoid it; and
4. There are no other practical and less harmful Means of preventing it.
Fulfillment of duty or lawful exercise of right or office (PN)
1. Offender acted in Performance of duty or in the lawful exercise of a right or office;
and 2. The injury caused Necessary consequence of the due performance of duty, right or office
Obedience to Superior order (OPM)
1. Order must have been issued by a superior; 2. The Purpose of the order must be
lawful; and 3. Means used to carry it out must be lawful.

Unlawful aggression in property rights- an attack on the person defending his property right.
Unlawful aggression- presupposes actual attack or imminent danger thereof, not merely
threatening or intimidating attitude.
Doctrine of Rational Equivalence- the means employed to repel the injury should be the
rational equivalent of the aggression.

Exempting Circumstance IM AI UI
1. Insanity or imbecility (did not act during lucid interval) feeble-minded is not insanity
2. Minority without discernment (below 15 OR 15-18 and acted without discernment)
3. Accident LDAN (lawful act, due care, causes it by mere accident, No intention)
4. Irresistible force CIT (Compulsion by Physical force, Irresistible, by a 3rd person)
5. Uncontrollable fear ERG(existence of uncontrollable fear, Real and Imminent, injury
feared is greater than or equal to the injury caused)
6. Insuperable or lawful cause (act is required by law to be done, fails to perform such
act, due to some lawful or insuperable cause)
Mitigating circumstance IM N SIP VPIO
1. Incomplete justification (majority but not all of the justifying/exempting circ.)
2. Minority with discernment (over 15 but below 18 with discernment)
3. No intention to commit so grave a wrong (only in death, P.Injury & prop. damage)
4. Sufficient provocation (immediate provocation by offended party) SODI
a. Provocation must be Sufficient
b. Originates from the offended party
c. Directed to the accused

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 d. Immediate to the act
5. Immediate vindication of a grave offense (perpetua to prision mayor)
a. That Grave offense be done to the accused, his spouse, A/D or relatives
b. That the felony is committed in vindication of that offense
6. Passion or obfuscation (acted upon an impulse so powerful which naturally produces
P/O) ( the impulse must not be far removed from the commission of a crime)
7. Voluntary surrender or plea of guilt (not arrested, surrendered to a person in A,
voluntarily) (confession in open court, prior to presentation of evidence)
8. Physical defects (defects which restricts his means of action, defense or comm.)
9. Illness (diminishes the exercise of will power, not deprive consciousness of his acts)
10. Over 70 ( Over 60 years old with failing sight is considered as analogous)
11. Circumstances similar or analogous to the foregoing. E.g.:
a. Stealing because of extreme poverty is analogous to state of necessity.
b. Voluntary restitution of stolen goods is analogous to voluntary surrender.
Aggravating circumstances That the crime was committed by means of:
1. Taking advantage of public office ( PO used his position as a means to commit crime)
2. In contempt of or with insult to public authorities ( commits a crime in the presence of a
PO, offender knows that he is a PO, while PO is engaged in the exercise of his function)
3. Insult or disregard to rank, age or sex ( insult or disregard was deliberately intended)
(specific to crimes against person or honor) or if the crime was committed in the victim’s
Dwelling (committed in the dwelling, no provocation by the victim)
4. Abuse of confidence ( trust imposed, abused such trust, it facilitated the crime)
Obvious ungratefulness ( trusted, abused such trust, with obvious ungratefulness)
5. 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 (
intention to commit it there is NOT just a mere afterthought)
6. Nighttime, uninhabited place, by a band ( facilitated the crime, sought to ensure comm.)
7. During Calamity, conflagration, shipwreck, epidemic ( must have took advantage)
8. Aid of armed men ( armed men took part in the commission, accused relied upon them)
9. Recidivist ( is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the RPC)
10. Reiteracion ( when the offender was previously punished for an offense to which the
law attaches an equal or greater penalty or for two or more offense with a lighter P.)
11. In consideration of a Price, reward, or promise (need not be actually delivered)
12. IFPESIDO Inundation, fire, poison, explosion, stranding of a vessel, intentional damage
to a vessel, derailment of a locomotive or any other artifice involving great waste or ruin
13. Evident premeditation (prosecution must prove: TAL
a. Time when the offender determined to commit the crime
b. Act manifesting that he clung to his determination
c. Sufficient Lapse of time between determination and execution

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 14. Craft, fraud or disguise ( Intellectual trickery, insidious words or machinations,
concealment of Identity)
15. Superior strength or means to weaken defense ( inequality of force, purposely used)
16. Alevosia or treachery CN (Consciously, adopts means to ensure execution giving No
opportunity to the offended party to defend or retaliate) absorbs 14, 15, 8, 6, 3
17. Ignominy ( tend to make the crime more humiliating or put the victim to shame)
18. Unlawful entry ( entry not intended for the purpose)
19. Breaking floor, wall, roof, door or window ( as a means of entry)
20. With aid of person under 15 or by Motor vehicles (to Go to or Escape)
21. Cruelty ( increasing the injury by committing other wrong, unnecessary for the purpose)
specific to crimes against persons (intention to prolong the suffering of the victim)
Generic aggravating applicable to all crimes, not an ingredient of the crime, can be offset
Specific aggravating only to particular crimes, not an ingredient of the crime, can be offset
Qualifying aggravating those that change the nature of the crime, imposes another penalty,
only on matters specified by law, cannot be offset (if 2, then the other becomes generic)
Inherent circumstances those that necessarily accompany the commission of the crime
Special aggravating circumstance Those that arise is special conditions, cannot be offset
e.g. quasi-recidivist a person, who shall commit a felony after having been convicted by final
judgment, before beginning to serve his sentence or while serving the same.
E.g. committing a crime while under the influence of a dangerous drugs
e.g. committing a crime with an unregistered firearm, explosives
Habitual delinquent a person who, within ten years from the date of is release or last
conviction of the crimes of Serious or less PI, robbery, theft, estafa or falsification, is found
guilty of any of the said crimes a third time of oftener.

Who is a public officer? Any person who, by election or appointment, shall take part in the
performance of a public function in the government of the Philippines.
Who is a person in authority? Person directly vested with jurisdiction are persons in
authority. E.g. barangay captain, teacher and lawyer while in the performance of their functions
or who is assaulted by reason of their functions are persons in authority.
Who is an agent of a person in authority? A person who is charged with public order or the
protection of life and property is a an agent of a person in authority. E.g. police

alternative circumstances RIE

1. Relationship
a. Exempting when
i. The accessory is related to the principal except if he profited in the crime
ii. Death under exceptional circumstances
iii. Theft, estafa or malicious mischief when committed by a relative. (does
not apply to theft through falsification or estafa through falsification)
b. Mitigating when (crimes against property, slight/less serious Physical injuries)
c. Aggravating when (Crimes against chastity, crimes against persons)

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 2. Intoxication
a. Aggravating when: Habitual or Intentional to embolden the accused to commit
b. Mitigating if not aggravating
3. Degree of education
a. Aggravating took advantage of high degree of education to commit the crime

Principals – The following are considered principals:

1. Those who directly takes part in the execution of the act; (by direct participation)
2. Those who directly force or induce others to commit it; (by inducement)
3. Those who cooperate in the commission of the offense by another act without which
it would not have been accomplished. (by indispensable cooperation)
Accomplices –persons who are not principals but cooperates in the execution of the offense by
previous or simultaneous acts. (do not decide to commit the crime, they merely assent to it)
Accessory- those having knowledge of the commission of the crime, and without participating
as principals or accessories, take part subsequent to its commission by any of the ff acts: PCH
1. By profiting or assisting the offender to profit from the effects of the crime;
2. By concealing or destroying the body of the crime or the effects thereof;
3. By harboring, concealing or assisting the escape of the principal by
a. abusing ones public functions or
b. when the principal is guilty of TPMA treason, parricide, murder, or attempt in the
life of the president or
c. when the principal is known by the accessory as habitually guilty of other crimes
Punished only in consummated and frustrated felonies. not punishable in light offenses.
No accessory in the crime of robbery or theft because is a principal in the crime of fencing.

Accessories exempt from criminal liability when the principal is the accessory’s spouse, A/D,
LNA brothers or sisters, or relatives by affinity within the same degree except when the
accessory profited or assisted the principal from profiting from the effects of the crime.

Preventive imprisonment detention while the case is pending.

Credited in full if the detainee executed a written declaration with the assistance of a
counsel that he will abide by the same disciplinary rules imposed upon convicted prisoners for
the purpose of crediting in full his preventive imprisonment (detainee’s manifestation)
4/5 credit if the detainee executed a written document stating his refusal to abide by
the same disciplinary rules imposed upon convicted prisoners (detainee’s waiver)
No credit if the detainee is a recidivist or has been convicted twice or more of any
offense or has failed to appear during the promulgation of judgment.

Subsidiary imprisonment (SI)

When the offender has no property to meet the FINE, he shall undergo subsidiary
imprisonment at the rate of 1 day for each amount equivalent to the highest minimum wage in
the PH Only fine can be subject to subsidiary penalty, not damages, nor cost, nor reparations
Limitations: 537/day manila

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 1. SI shall not exceed 1/3 of the sentence and in no case shall exceed 1 year.
2. If penalty exceeds 6 years there can be no subsidiary penalty.(prision mayor up)
3. If fine only, not exceed 6mos in grave or less grave felony and 15days in light felony.
4. In indeterminate penalty, the highest penalty shall determine subsidiary imp.
5. There must be a pronouncement in the judgment stating that the accused shall pay
a fine with subsidiary imprisonment in case of failure to pay.(without it, no SI)
How penalties are served? Simultaneously , if the nature of the penalties allows it.
Otherwise, they shall be served Successively, with the most severe penalty to be served first.
3 fold rule, the aggregate penalty that the accused must serve shall not exceed three times
of the most severe penalty and subject to the 40 year limitation.
Reclusion perpetua should be imposed in its entirety without a fixed period for its duration,
regardless of any mitigating or aggravating circumstances.

ISLAW applies to all sentenced with imp. Exceeding 1 year. Based on the penalty
actually imposed. Hence, if the penalty is PC min.(6 months and 1 day), ISLAW does not apply.
Does NOT apply to: D1 THEN
1. Those punished with Death, RP and LI
2. If the maximum term of imprisonment does NOT exceed 1 year
3. Those convicted of treason, rebellion, sedition, espionage or piracy
4. Habitual delinquents ( a recidivist is allowed to avail of ISLAW)
5. Those who have previously Escaped confinement or evaded service of
their sentence or violated the terms of their conditional pardon
6. Non-prison sentence
The goal of ISLAW is to uplift and redeem valuable human material, and prevent unnecessary
and excessive deprivation of liberty and economic usefulness.
1. Determine maximum penalty by considering the attending circumstances.min/med/max
2. Determine the minimum penalty by Going next lower in degree to the prescribed
penalty (in any of its periods) determines when the accused may be eligible for parole.
In special laws: maximum term shall not exceed the prescribed penalty, while the
minimum term shall not be less than the prescribed penalty. Except if the special law
adopts the nomenclatures of the RPC then apply the ISLAW as if punishable by the RPC.
Privileged mitigating circumstance:
1. Minority
2. Incomplete justification/exemption
3. 2 or more mitigating with no aggravating

Death of the accused

1. After final judgment- Criminal liability is extinguished but the civil liability is not affected
2. Before finality of judgment OR Pending appeal- criminal liability and civil liability ex
delicto is extinguished but civil liability arising from other sources of obligation survives.
Recovered by filing a separate civil action against the estate of the accused.

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In BP. 22 the civil liability arises from contract; in reckless imprudence it arises from Q. delicts.

When can the accused be granted suspended sentence? IPRC

1. If he became insane before the promulgation of sentence
2. When placed under probation
3. When needs to be confined in a Rehabilitation center due to drug-dependency
4. When a Child in conflict with the law
Probation An order granting or denying probation is not appealable. Does not suspend
payment of civil liability. A waiver of the right to appeal. But MR and MNT is allowed. Appeal of
a non-probationable offense which changes the penalty to one which is probationable shall
entitle the accused to apply for probation.
A child in conflict of the law may apply for probation even after the period for filing of
appeal because of the provision in RA 9344 stating that a CICL ma file at any time.
Disqualification to probation: 6TPOD
1. When the penalty exceeds 6 years of imprisonment
2. Those convicted of treason, rebellion, sedition, espionage or piracy
3. previously convicted by at least 6m&1d and/or a fine exceeding 1k
4. Those who have been Once on probation
5. Those convicted of Drug trafficking or pushing
In Multiple prison terms, If none of the terms exceed 6 years, then allow probation.
Period of probation if the penalty does not exceed 1 year, probation should not exceed 2
years and in no case exceed 6 years. If only a fine, probation should be equal to the SI.
Marriage as a way to extinguish criminal liability in rape, and crimes against chastity also
extinguishes the liability of co-principals, accomplices and accessories, except in rape where
only the marrying offender’s liability is extinguished.

Pardon vs amnesty
1. private act of the president; public act of the president
2. no judicial notice; subject to judicial notice
3. granted after conviction; granted before or after conviction
4. forgives the offender; forgets the offense as if not crime is committed
Subsidiary liability
ER-EE rel., ER is engaged in some industry, EE committed the crime in the performance
of his functions, EE is insolvent.
Extinction of criminal liability (prescription, death, service, absolute pardon, amnesty)
Partial extinction (commutation, conditional pardon, gcta, parole, probation)
Prescription- commences on the day following the commission of the crime.
1. D & RP- 20 years
2. RT & PM- 15 years
3. PC- 10 years
4. AM- 5 years

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 5. Am- 1 year
Blameless ignorance doctrine- if not known at the time of commission, it begins to run upon
the discovery of the offended party, the authorities or their agents.
Interrupted- from the filing of the complaint or information, shall run again when the
proceedings terminate w/o the accused being convicted or acquitted. OR accused is out of PH

GCTA (not apply to recidivist, HD, escapee, heinous crimes)

 First 2 years 20 days per month
 Until 5 years 23 days per month
 Until 10 years 25 days per month
 10 years onwards 30 days per month
 Study, teach, mentor 15 days per month

Special time allowance for loyalty STAL During catastrophe or mutiny where he did not
participate, he surrenders himself within 48hours from declaration of the president 1/5 of his
penalty is extinguished. 2/5 if he did not leave the penal establishment

Net earning capacity (2/3 (80-age)) x (annual income-(50% of income))

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