Saint Ferdinand College

College of Criminology
City of Ilagan, Isabela

EXPANDED TERTIARY EDUCATION EQUIVALENCY AND ACCREDITATION

PROGRAM (ETEEAP)

MODULE IN CRIMINAL LAW BOOK 1

(CRIMINAL JURISPRUDENCE)

Presented in these document are outline of course topic references that serves as
study guide in answering practical or situational case analysis provided in the three
learning modules.

The learning modules are found in the “Compilation One: A Compiled ETEEAP
Materials in Criminal Jurisprudence, Procedure and Evidence ...” as the main reference.

Competencies : The ETEEAP Beneficiary shall be able to:

1. Know the concept and characteristics of criminal law and criminal liability
2. Define felonies and determine stages of execution
3. Determine circumstances affecting criminal liability and identifying persons liable for
felonies
4. Know the concept of penalties and extinction and concept of criminal and civil
liabilities
5. Know the special criminal statutes

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 Criminal Law, Book I

Course Topic Reference

MODULE I

GENERAL PROVISIONS OF THE REVISED PENAL CODE

PART 1

Classifications of Felonies:
1. According to manner or mode of execution: (Art. 3)
2. According to Gravity: (Art. 9)
3. According to stage of execution: (Art. 6)
4. How to Properly Determine the Stage of Execution:

PART II

Incurrence of Criminal Liability:

Article 4 of the Revised Penal Code provides how criminal liability shall be incurred
Conspiracy and Proposal to commit a Felony

QUESTIONNAIRE FOR MODULE I

1. “A” saw “B” lying down whom he thought was only sleeping. With intent to kill,
“A” shot “B” for three consecutive times using a .45 caliber firearm. It turned out
that “B” was dead an hour ago due to a snake bite.

Under existing laws, “A” cannot be held liable for the death of “B” (murder)
obviously because “B” was already dead at the time “A” intended to kill him.

Question:
As a police officer what criminal charge are you going to file against “A” taking into
account his unlawful actuation showing the propensity to be a criminal were it not for

the impossibility of its accomplishment? Explain.

In Article 246, Title 8 Chapter One, Book Two of the Revised Penal Code (Act 3815),
clearly states that one can be charge of Murder if one had inflicted injury to the victim that will
cause its death. In this case, impossible crime will be charge against the offender instead of
murder, the definition of crime (murder) is not complete wherein no injury or suffering has
been inflicted because the victim is already dead. It is an important element in crime against
person that the victim could be harmed or injured to say that there is a crime committed.
Though the offender has motive to do such felony, the action that taken by the offender base
on his intention is impossible due to legal and physical impossibilities.

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2. “A”, “B” and C” conspired to rape “X”. For one week the three (3) tried to observe
“X” in order to discover her schedules. They came to learn that she goes home very
10:00 PM all alone passing through a dark alley. One night, the three decided to
wait for “X” to pass by in order to proceed with their plan to rape her. While waiting
however they brought with them a bottle of wine. The three got drank reason for
which they were not able to realize their plan.

Question:
Did they commit any crime? Justify your answer by explaining the concept of
conspiracy and proposal.

Answer: None. In Art. 8, Chapter One of RPC, “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 concernint the commission of a felony 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.”Degree or levels of participation when conspiracy has been
taken is not considered because as a rule, in this cases, the act of One is the act of ALL,
each one that participated has equal criminal liability. However, in some cases if a
conspirator merely participated in the crime or his participation somehow has little or no effect
at all in the accomplishment of the crime can be punished by law as indicated in Art. 16 and
defined in Art. 18 of Book One RPC. It is a general rule that conspiracy and proposal to
commit a crime are not punishable by our law because they are only preparatory acts except
if the law specified the provisions wherein a punishment or penalty can be given such as
conspiracy and proposal to commit treason (Art.114, Chapter One, Book Two, RPC),
conspiracy and proposal to commit rebellion (Art. 136, Chapter One, Book Two, RPC),
conspiracy and proposal to commit sedition (Art. 141, Chapter One, Book Two, RPC).
Conspiracy as a crime vs. Conspiracy as a basis of incurring criminal liability.

3. Explain how to determine the frustrated and attempted stage of the following
crimes:

a. Murder
For Attempted:

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For Frustrated:

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b. Robbery with force upon things

For Attempted:

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For Frustrated:

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c. Theft
For Attempted:

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For Frustrated:

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d. Rape
For Attempted:

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For Frustrated:

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 Criminal Law, Book I

Course Topic Reference

MODULE II

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

There are five circumstances affecting criminal liability. These are:

1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances

QUESTIONNAIRE FOR MODULE II

Problems:

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 1. “X” was found dead with both hands tied on a pole. His body sustained 14 stab
wounds and 24 incised wounds. The suspect is no other than “Y”, the brother of
“X”. “Y” is an ex-convict having been imprisoned for 8 years for a crime of
Homicide. Investigation further disclose that a week ago, “Y” deliberately planned
how to kill his brother and that on the night he executed his plan, he purposely
drank wine to make himself brave.

With the foregoing facts, enumerate all the possible circumstances that
aggravated the crime committed by “Y”. Explain.

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2. “A” killed “B”, thereafter, “A” voluntarily surrendered to the PNP. Upon his
surrender, he explained that he indeed killed “B” but it was in defense of a relative.
He explained that “B” attacked his brother thus he was forced to kill him to defend
his brother.

With the foregoing allegations of “A”, will you still file a case against him?
Explain your answer.

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Criminal Law, Book I

Course Topic Reference

MODULE III

PERSONS CRIMINALLY LIABLE FOR FELONIES

Persons Criminally Liable:

I. The Principals
II. The Accomplices
III. The Accessories

QUESTIONNAIRE FOR MODULE III

1. “A”, “B”, “C” and “D” conspired with each other to kill “X”. All proceeded to the
house of “X” but before reaching the same, “D”, pretending to answer a call of

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 nature went out of the way and did not join “A”, “B” and “C” anymore, when the
three killed “X”.

Question: Can “D” be held liable for the death of “X”? Reason out.

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2. “X” shot “A” resulting to his death. “Y”, a friend of “X” wanted to help the latter
so he took the weapon and placed it in the hand of the deceased to make it appear
that the victim committed suicide.

Question: Is “Y” criminally liable? Explain.

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3. “A” approached “B”, borrowing the latter’s gun, telling him that he (A) is going to
kill “X”. “B”, knowing “A’s” criminal design lent his gun with which “A” shot and
killed “X”.

Question: What is the degree of participation of “B” in the murder of “X”?

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4. “A” hired “B” for a price of P100, 000.00 in order to kill John. “B” then went to his
cousin, “C” to borrow his .45 caliber gun. “C”, knowing the criminal intent of his
cousin lent his firearm. Thereafter, “B” proceeded to look for John and saw him
walking in a dark alley. He suddenly shot John using the firearm he borrowed from
his cousin, “C”.

“D” happened to pass by and saw John with a gunshot wound. Since John is
likewise his enemy, he kick him saying that he deserve what happened to him.

John subsequently died due to gunshot wound he sustained from “B. One
week later, “E” learned about the incident. Since “B” is his best friend, “E” offered
his rest house in Laguna to “B” who has an outstanding warrant of arrest for murder,
so that the police officers could not locate him.

Question: Give the criminal responsibility or degree of participation of “A”, “B”,

“C”, “D” and “E” in the crime of murder. Justify your answer.

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