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Criminal Law Notes
Criminal Law Notes
Criminal Law Notes
Criminal-LAW- Notes
2. When the offender should forge or When there is doubt about the
counterfeit any coin or currency note of the meaning or application or interpretation of
Philippines or obligations and securities a penal law and the doubt admits of two
issued by the Philippine government. interpretations, one which is lenient to
the offender and the other one is favorable
3. When the offender should be liable for the to him, then the interpretation which is
acts connected with the introduction into the favorable to the accused should be applied.
Philippines of the obligations and securities
mentioned in number two. HISTORY OF THE RPC
4. When the offender who is a public officer •The Alleged Code of Calantiao of 1433
or employee abroad shall commit an offense •The old Penal Code which took effect until
in the exercise of his functions. December 31, 1931.
•Administrative Order 94 of the DOJ dated
5. When the offender should commit an
October 18, 1927
offense against the national securities and
•Anacleto Diaz, Quintin Paredes, Guilermo
the laws of nations.
Guevarra, Alex Reyes and Mariano De Joya
PROSPECTIVE CHARACTERISTICS •Revised Penal Code (ACT 3815)
•RPC approved December 8, 1930
•Also known as prospectivity •RPC took effect January 1, 1932
•Also known as irretrospectivity. THEORIES IN CRIMINAL LAW
•It means the law (as a general rule) does
not have retroactive effect. •Classical (Juristic) Theory- the basis of
EXCEPTION TO THE PROSPECTIVE criminal liability is human free will and the
CHARACTER: purpose of penalty is retribution. Man is a
moral creature with an absolute free will to
When the new law is favorable to the choose between good and evil. Here more
accused. stress is placed upon the result of the crime
than the criminal. There is scant regard for
EXCEPTION TO THE EXCEPTION the human element.
Man is a moral creature with an - Ex Post Facto Law is a law that makes
absolute free will to choose between criminal an act done before the passage
good and evil. of the law and which was innocent when
Here more stress is placed upon done, and punishes such an act; it may
the result of the crime than the also be defined as a law which aggravates
criminal. a crime, or makes it greater than it was,
There is scant regard for the human when committed.
element
No Bill of Attainder shall be
POSITIVIST THEORY passed.
CRIMINAL LIABILITY
Rationale of Par. 1
MOTIVE and INTENT
El que es causa de la causa es causa del mal
Motive- the moving power which impels one causado.
to action for a definite result. Meaning: He who is the cause of the cause
Intent is the purpose to use a particular is the cause of the evil caused.
manes to effect such result. PROXIMATE CAUSE, DEFINED
NOTE”: Motive is not an element of a Proximate cause- is that cause which in the
crime and need not be proved. Intent is an
ordinary and continuous sequence, unbroken
element of a crime and must be proved. by any efficient intervening cause produces
CRIMINAL LIABILITY, DEFINED the injury.
IMPOSSIBLE CRIMES- those crimes which accident other than his own spontaneous
would have been committed against person desistance.
or property were it not for the inherent
impossibility of its accomplishment or on OVERT ACT, DEFINED
account of the employment of inadequate or
It is some physical activity or deed more
ineffectual means. The purpose of the law in
than a mere planning or preparation, which if
punishing impossible crime is to suppress
carried out to its complete termination
criminal propensities or tendencies. The
following its natural course. Without being
penalty for impossible crime is arresto mayor
frustrated by external obstacles nor by the
or fine of P200-500 (Article 59).
voluntary desistance of the perpetrator, will
3 STAGES OF EXECUTION OF FELONIES logically and naturally ripen in a concrete
offense.
Art. 6. Consummated, frustrated, and
attempted felonies. — Consummated
felonies as well as those which are frustrated INDETERMINATE OFFENSE, DEFINED
and attempted, are punishable.
INDETERMINATE OFFENSE- It is one where
A felony is CONSUMATED when all the
the purpose of the offender in performing an
elements necessary for its execution and
act is not certain
accomplishment are present; and it is
FRUSTRATED when the offender performs FRUSTRATED FELONY REQUISITES
all the acts of execution which would produce
the felony as a consequence but which, 1. Offender performs all the acts of execution
nevertheless, do not produce it by reason of
2. Felony is not produced
causes independent of the will of the
perpetrator. 3. By reason of cause independent of the
will of the perpetrator
There is an ATTEMPTED when the offender
commences the commission of a felony Q: How to determine whether a crime is
directly or over acts, and does not perform attempted, frustrated or consummated?
all the acts of execution which should
produce the felony by reason of some cause • the elements present
or accident other than this own spontaneous • the nature of the offense
desistance. • the manner of the commission of the
crime.
ATTEMPTED FELONY REQUISITES
FORMAL CRIMES vs. MATERIAL CRIMES
1. Offender commences the commission of a
felony directly by overt acts • Formal crimes- are crimes consummated
in one instant. There is only one stage and
2. He does not perform all the acts of
that is consummated stage.
execution
• Material crimes have three stages of
3. He is not stopped by his own spontaneous execution, attempted, frustrated and
desistance 4. The non performance of the all consummated.
acts of execution was due to cause or
SUBJECTIVE PHASE vs. OBJECTIVE PHASE OF • Mere conspiracy to commit a crime is not
THE CRIME punishable. • Reason: Conspiracy and
Proposal to Commit a Felony are punishable
• Subjective phase is that portion of the only in the cases in which the law specifically
acts constituting the crime, starting from the provides a penalty therefore.
point where the offender begins the
commission of the crime to the point where Cases where mere conspiracy is already
he still has control over his act and their punishable:
natural course.
• If between these two points the offender is 1. Conspiracy to commit treason (Art.115);
stopped by any cause outside of his own 2. Conspiracy to commit rebellion or
voluntary desistance, the subjective phase insurrection (Art. 136);
has not been passed and it is an attempt. If 3. Conspiracy to commit sedition (Art. 141);
he is not so stopped but continues until he 4. Conspiracy in restraint of trade or
performs the last act, it is frustrated, commerce (Art. 186)
provided the crime is not produced. This is 5. Conspiracy to commit terrorism under RA
the objective phase of the crime 9372
6. Conspiracy to commit arson under PD
Art. 7. When light felonies are 1613
punishable. — Light felonies are punishable
only when they have been consummated, Cases where mere proposal is already
with the exception of those committed punishable
against person or property.
1. Proposal to commit treason (Art. 115);
LIGHT FELONIES, DEFINED 2. Proposal to commit rebellion or
insurrection (Art. 136)
Light felonies are those infractions of law for 3. Proposal to commit coup d’ etat
the commission of which a penalty of arrest
menor or a fine not exceeding 200 pesos or RULE IN CONSPIRACY
both; is provided.
WHEN THERE IS CONSPIRACY BETWEEN OR
Art. 8. Conspiracy and proposal to AMONG THOSE WHO COMMITTED THE CRIME
commit felony. — Conspiracy and proposal THE ACT OF ONE IS THE ACT OF ALL.
to commit felony are punishable only in the
CLASSIFICATION OF FELONY ACCORDING TO
cases in which the law specially provides a
GRAVITY
penalty therefor.
A conspiracy exists when two or more Art. 9. Grave felonies, less grave
persons come to an agreement concerning felonies and light felonies. — Grave
the commission of a felony and decide to felonies are those to which the law attaches
commit it. the capital punishment or penalties which in
There is proposal when the person who has any of their periods are afflictive, in
decided to commit a felony proposes its accordance with Art. 25 of this Code.
execution to some other person or persons.
Less grave felonies are those which the law
punishes with penalties which in their
GENERAL RULE maximum period are correctional, in
accordance with the above-mentioned Art..
DISCLAIMER: CONTENTS AND INFORMATION INCLUDED IN THIS
REVIEWER DO BELONG TO THE RIGHTFUL OWNER
Light felonies are those infractions of law for Article 34. Civil interdiction. - Civil
the commission of which a penalty of arrest interdiction shall deprive the offender during
menor or a fine not exceeding 200 pesos or the time of his sentence of:
both; is provided.
1. the rights of parental authority, or
PRINCIPAL PENALTIES 2. guardianship, either as to the person or
property of any ward,
1. Capital Punishment: 3. marital authority,
• Death 4. the right to manage his property,
5. the right to dispose of such property by
2. Afflictive Penalties
any act or any conveyance inter vivos.
• Reclusion perpetua- 20 yrs.+1 day to 40
yrs. Art. 10. Offenses not subject to the
• Reclusion temporal- 12 yrs.+1 day-20 yrs provisions of this Code. — Offenses which
• Perpetual or temporary absolute are or in the future may be punishable under
disqualification-6 yrs.+1 day to 12 yrs. special laws are not subject to the provisions
• Perpetual or temporary special of this Code. This Code shall be
disqualification- 6 yrs.+1 day to 12 yrs. supplementary to such laws, unless the latter
• Prision Mayor-6 yrs. + 1 day to 12 years should specially provide the contrary.
3. Correctional penalties SPECIAL LAW, DEFINED
• Prision correctional- 6 mos.+ 1 day to 6
yrs. Special Law- a law which defines and
• Arresto mayor-1 month + 1 day to 6 mos. punishes act not found in the RPC
• Suspension- 6 mos+1 day to 6 yrs.
• Destierro- 6 mos. +1 day to 6 years FIVE CIRCUMSTANCES AFFECTING CRIMINAL
LIABILITY
4. Light penalties
• Arresto menor- 1 day to 30 days 1. Justifying Circumstances
• Public censure 2. Exempting Circumstances
3. Mitigating Circumstances
ACCESORY PENALTIES 4. Aggravating Circumstances
5. Alternative Circumstances
• Perpetual or temporary absolute
disqualification
• Perpetual or temporary special JUSTIFYING CIRCUMSTANCES, DEFINED
disqualification
• Suspension from public office, the right to Those where the act of a person is said to
vote and be voted for be in accordance with the law, so that he in
• Civil Interdiction the eyes of the law is considered not to have
• Indemnification violated the law and is therefore free from
• Forfeiture or confiscation of instrument criminal and civil liabilities.
sand proceeds of the offense QUICK ENUMERATION OF JUSTIFYING
• Payment of cost CIRCUMSTANCES
1. Self defense
2. Defense of relatives
DISCLAIMER: CONTENTS AND INFORMATION INCLUDED IN THIS
REVIEWER DO BELONG TO THE RIGHTFUL OWNER
1. Unlawful aggression
EXEMPTING CIRCUMSTANCES
SUMMARY OF LIABILITY
Exempting Circumstances- are those grounds
for exemption from punishment because
there is wanting/missing in the agent of the
crime any of the conditions which make the
act voluntary or negligent.
ANSWER:
IMBECILE, DEFINED
INSANITY, DEFINED
DISCERNMENT, DEFINED
IRRESISTIBLE FORCE
MITIGATING CIRCUMSTANCES
LAWFUL OR INSUPERABLE CAUSE
Mitigating circumstances-those which if
This refers to some motive which has
present in the commission of a crime, do not
lawfully, morally, or physically prevented one
entirely free the actor from criminal liability
to do what the law commands (as a result he
but reduces only the penalty.
is exempted from criminal liability).
ENUMERATE THE MITIGATING
CIRCUMSTANCES
ABSOLUTORY CAUSES, DEFINED
1. Incomplete justifying or exempting
Those where the act of a person is circumstance
technically a crime, but because of public 2. Under 18
policy, there is no penalty imposed.
3. No intention to commit so grave a wrong
(praeter intentionem)
ENUMERATION OF ABSOLUTORY CAUSES 4. Sufficient provocation or threat
UNDER THE RPC
5. Vindication of a grave offense
1. Art 247. Death or physical injuries under
exceptional circumstances 6. Passion or obfuscation
AGGRAVATING CIRCUMSTANCES
RECIDIVIST- one who at the time of his 3. A sufficient lapse of time between the
trial for one crime, shall have been determination and execution, to allow him to
previously convicted by final judgment of reflect upon the consequences of his act and
another crime embraced in the same title of to allow his conscience to overcome the
the Revised Penal Code. resolution of his will.
1. Principals OR
2. Accomplices. (FOR PRIVATE PERSONS ALSO) whenever the
THREE CLASSIFICATIONS OF author of the crime is guilty of treason,
PRINCIPALS parricide, murder, or an attempt to take the
life of the Chief Executive, or is known to be
Those who take a direct part in the habitually guilty of some other crime.
execution of the act. (PRINCIPAL BY
DIRECT PARTICIPATION) ACCESSORIES BUT EXEMPTED FROM
Those who directly forced or induced CRIMINAL LIABILITY
others to commit it. (PRINCIPAL BY
INDUCEMENT OR INDUCTION) Art. 20. Accessories who are exempt
Those who cooperate in the from criminal liability. — The penalties
commission of the offense by another prescribed for accessories shall not be
act without which it would not have imposed upon those who are such with
been accomplished (PRINCIPAL BY respect to their spouses, ascendants,
INDISPENSABLE COOPERATION) descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by
DISCLAIMER: CONTENTS AND INFORMATION INCLUDED IN THIS
REVIEWER DO BELONG TO THE RIGHTFUL OWNER
When upon being summoned for the guarantee said undertaking. If the person
execution of their sentence they failed sentenced fail to give the bond as required
to surrender voluntarily.(Article 29) he shall be detained for a period not
exceeding six months if he shall have been
prosecuted for grave or less grave felony,
and shall not exceed thirty days, if for a light
Note: An accused undergoes preventive
felony.
imprisonment when the offense charged is
non bailable or even if bailable he cannot EFFECT OF PRESIDENTIAL PARDON
furnish the required bail. Now if an accused
does not agree to abide by the same Q: What is the effect of pardon (by the
disciplinary rules imposed upon convicted President)?
prisoners, he shall be credited in the service
of his sentence with 4/5 of the time during ANSWER:
which he has undergone preventive
A pardon shall not work the restoration
imprisonment.
of the right to hold public office, or the right
of suffrage, unless such rights be expressly
CIVIL INTERDICTION
restored by the terms of the pardon. It shall
Q: What is civil interdiction? also not exempt the culprit from the payment
of the civil liability imposed upon him by the
ANSWER: sentence.
When the culprit has to serve two or radius therein specified, which shall not be
more penalties, he shall serve them more than 250 and not less than 25
simultaneously if the nature of the penalties kilometers from the place designated. If he
will permit so, otherwise the order of their does he may be held liable for Evasion of
respective severity shall be followed so that service of sentence under article 157 RPC.
they maybe executed successively or as
nearly as may be possible, should a pardon DESTIERRO IS IMPOSED IN THE
have been granted as to the penalty first FOLLOWING:
imposed or should they have been carried • Death or Serious Physical injuries inflicted
out (Art. 70). under exceptional circumstances
Q: What is the three fold rule in the • When a person fails to give a bond for good
service of sentence? behavior (Art. 284)
PROBATION
Such allowances once granted shall not be Q: What is article 100 of the Revised
revoked." Penal Code?
ANSWER:
YEARS OF GOOD BEHAVIOR AND PERIOD It says” every person criminally liable
OF DEDUCTION for a felony is also civilly liable.
regulations shall have been committed The thing itself shall be restored, even
by them or their employees. though it be found in the possession of a
third person who has acquired it by lawful
Innkeepers are also subsidiary liable means, saving to the latter his action against
for the restitution of goods taken by the proper person who may be liable to him.
robbery or theft within their houses
from guests lodging therein, or for the REPARATION
payment of the value thereof, Art. 106. Reparation- The court shall
provided that such guests shall have determine the amount of damage, taking
notified in advance the innkeepers into consideration the price of the thing, and
himself, or the person representing its special sentimental value to the injured
him, of the deposit of such goods party.
within the inn, and shall furthermore
have followed the directions which INDEMNIFICATION
such innkeepers or his representative
may have given them with respect to Art. 107. Indemnification- Indemnification of
the care and vigilance over such consequential damages shall include not only
goods. No liability shall attach in case those caused the injured party, but also
of robbery with violence against or those suffered by his family or by third
intimidation of persons unless person by reason of the crime.
committed by the innkeepers’
employees.
• Restitution
RESTITUTION