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JDCCrimLaw1 - Course-Syllabus 1
JDCCrimLaw1 - Course-Syllabus 1
The forerunner of the Revised Penal Code The doctrine of in dubio pro reo
FELONIES
Theories of criminal law
How crimes are committed (Article 3)
(i) Classical Theory
Definition and nature of felonies
(ii) Positivist Theory
Classification of felonies
(iii) Eclectic Theory
General elements of felony
Requisites
Cases:
El que es causa de la causa es causa del mal causado
1. Baleros v. People, 483 SCRA 10, February 22, 2006
Proximate cause
2. Koh Tieach Heng v. People, 192 SCRA 533, December
Mistake of fact 21, 1990
Mistake in the identity 3. Epifanio v. People, G.R. No. 157057, 525 SCRA 552,
June 26, 2007
Error in personae
4. People v. Tui, et al., 216 SCRA 140, December 1, 1992
Aberratio ictus
5. People v. Trinidad, 169 SCRA 51, January 1989
Praeter intentionem
b. Distinction between mala in se and mala prohibita: 8. People v. Ortia, 184 SCRA 105, April 3, 1990
Bahalidad v. People, 615 SCRA 597, March 17, 2010
9. People v. Hangdaan, 201 SCRA 568 Sept. 13, 1991
2. Estrada v. Sandiganbayan, 369 SCRA 394, November 12. People v. Enriquez, October 23 1997, 28 SCRA 103
19, 2001
5. Garcia v. People, 597 SCRA 392, August 28, 2009 Grave felonies
7. Intod v. CA, et al., 215 SCRA 52, October 21, 1992 Light felonies
Read R.A. No. 10951 August 29, 2017 PERSONS CRIMINALLY LIABLE
1. Go-Tan v. Sps. Perfecto and Juanita Tan, 567 SCRA (i) Principals by direct participation; ii) Principals by
231, September 30, 2008 inducement: (iii) Principals by indispensable
cooperation
2. People v. Moreno, 60 Phil. 712 (1934)
Accomplices (Article 18)
3. People v. Li Wai Cheung, 214 SCRA 504 October 13,
1992 Accessories (Article 19)
4. People v. Chowdhury, 326 SCRA 572, February 15, Anti-fencing Law (PD 1612)
2000
Obstruction of Justice (PD 1829)
5. Yu v. People, 438 SCRA 431, September 20, 2004,
Accessories exempt from criminal liability (Article 20)
6. Ladonga v. People, 451 SCRA 673, February 17, 2005
14. Yapyuco v. Sandiganbayan, 624 SCRA 470, June 25, Compound crime; Complex crime proper
201
Special complex crimes (RA 7659)
17. Dabalos v. RTC Branch 59, Angeles City, 688 SCRA JUSTIFYING CIRCUMSTANCES
64, January 7, 2013
Justifying circumstances (Article 11)
18. Socorra v. Van Wilsen, 744 SCRA 516, December 16,
2014 Self-defense
Self-defense of chastity
Self-defense in libel
1. People v. Jacinto, 645 SCRA 590, March 16, 2011 11. People v. Layson et al., 30 SCRA 92, October 31,
1969
2. People v. Nepomuceno, 298 SCRA 450, November 11,
1998 12. People v. Bautista, 254 SCRA 621, March 12, 1996
3. People v. Latosa, 621 SCRA 586, June 23, 2010 13. De Vera v. De Vera, 58 SCRA 506, April 7, 2009
4. U.S. v. Vicente, 19 Phil. 118 15. People v. Pinca, 318 SCRA 270, November 17, 1999
AGGRAVATING CIRCUMSTANCES 4. Peopla v. Rios, 333 SCRA 823, June 19, 2000
Aggravating circumstances (Article 14) 5. People v. Uycoque, et al., 246 SCRA 769, July 31,
1995
(i)Take Advantage of Public Position;
(ii) Contempt or Insult to Public Authorities; 6. People v. Morales, GR. L-35413, November 7, 1979
(iii) Disregard of Rank, Age, or Sex and Dwelling of the
Offended Party; (iv) Abuse of Confidence and Obvious 7. People v. Molina, 311 SCRA517, July 28, 1999
Ungratefulness; 8. People v. Badilla, 185 SCRA 554, May 21, 1990
(v) Palace of the Chief Executive or in a Place of
Religious Worship; 9. People v. Caliso, 58 Phil. 283, July 1, 1933
(vi) Nighttime, Uninhabited Place, or Band;
10. People v. Ong, 62 SCRA 174, January 30, 1975
(vii) On Occasion of Calamity or Misfortune;
(viii) Aid of Armed Men;( ix) Recidivism; 11. People. v. Palon, 127 SCRA 529, Feb. 20, 1984
(x) Reiteracion or Habituality;
(xi) Price, Reward or Promise; 12. People v. Abdul, et al., 310 SCRA 246, July 13, 1999
(xii) By Means of Inundation, Fire, Poison, Explosion,
13. People v. Manlolo, 169 SCRA 394, January 26, 1989
etc.;
(xiii) Evident Premeditation; 14. People v. Lacao, et al., 201 SCRA 317, September 4,
(xiv) Craft, Fraud or Disguise; 1991
(xv) Abuse of Superior Strength or Means to Weaken
Defense; 15. People v. Palon, G.R. No. L-33271, February 20,
(xvi) Treachery; 1984
(xvii) Ignominy;
16. People v. Quiñanola, G.R. No. 126148, 306 SCRA
(xviii) Unlawful Entry;
710, May 5, 1999
(xix) Breaking Wall, Roof, Floor, Doors or Windows;
(xx) Aid of Persons under Fifteen Years of Age or by 17. U.S. v. Iglesia, 21 Phil. 55, December 14, 1911
Means of Motor Vehicles;
(xxi) Cruelty 18. People v. Fernandez, et al., 183 SCRA 511, March
22, 1990
a. Generic aggravating
ALTERNATIVE CIRCUMSTANCES
b. Qualifying aggravating
Alternative circumstances (Article 15)
c. Specific aggravating
(i) Relationship; (ii) Intoxication
d. Inherent aggravating
(iii) Degree of instruction or education
e. Special aggravating
Applicable jurisprudence
f. The distinction between generic aggravating and
qualifying aggravating
g. Aggravating circumstances not provided under the Art. 16. Who is criminally liable
Revised Penal Code
1. Who are the participants of the crime
1. People v. Mercado, 275 SCRA 581, July 1997 Theories justifying penalty
2. Lazarte v. Sandiganbayan, 377 SCRA 556, February Classification of Penalties and their Range (Article 25)
26, 2002
Duration of penalties (Article 27)
3. Estrada v. Sandiganbayan, 377 SCRA 556
Duration of divisible penalties (Article 76)
4. People v. Guevarra, 179 SCRA 325, November 13,
1989 Effects of penalties (Articles 30, 31, 32, 33, 34, and 35)
5. People v. Hernando, 317 SCRA 617, October 28, 1999 Application of penalties (Articles 46-60)
D. Effect of the Penalties according to their respective 2. Distinction between Habitual delinquency and
nature Recidivism
c. Alfredo Lim v. Commission on Election and Joseph 2. Instance when probation may be denied
Ejercito Estrada, G.R. No. 206666 January 21, 2015
3. Period of probation
d. Distinction between pardon by the president and
pardon by the offended party 4. Cases:
2. Article 38. Pecuniary liabilities 1. Colinares v. People, 662 SCRA 266, December 13,
2011
a. Distinction between pecuniary liability and 2. Mustapha Dimakuta v. People, G.R. No. 206513,
pecuniary penalty October 20, 2015
3. Moreno v. Comelec, 498 SCRA 547
b. Classification of fine when exactly P40,000.00
2. Articles 40 to 45
A. Factors to consider to arrive at the correct penalty
3. Article 70
COMPLEX CRIME
F. Application/Penalty for the Principal, Accomplice,
and Accessories. 1. Two kinds of Complex crime
4. Factors affecting the period of penalty 1. People v. Comadre, 431 SCRA 366, June 8, 2004
5. Article 64. Rules for the application of penalties 2. People v. Gaffud, 566 SCRA 76 (2008)
which contain three periods
3. People v. Guillen, 85 Phil. 307 (1950)
6. Article 70. Successive Service of Sentence
4. People v. Lacao, Sr., 201 SCRA 317, September 4,
a. 3-fold Rule 1991
7. Article 71. Graduated scales of penalty 5. People v. Paycana Jr., 551 SCRA 657 (2008)
G. Habitual Delinquency 7. People v. Fabros, 214 SCRA 694 October 19, 1992
Cases:
Indeterminate Sentence Law (ISLAW) (RA 4103)
1. People v. De Leon, 591 SCRA 178, June 26, 2009
1. Instances where ISLAW is inapplicable
2. People v. Tumlos, 67 Phil. 320 (1939)
2. Rule of ISLAW in the RPC
3. People v. Sabbun, 10 SCRA 156 (1964)
3. Rule of ISLAW in the SPL
4. Paera v. People, 649 SCRA 384, May 30, 2011
EXTINCTION
Graduation of penalties (Article 71)
A. Extinction of criminal liability
Rules for graduating penalties (Article 61)
1. Article 89. How criminal liability is totally
Rules for application of indivisible penalties (Article 63)
extinguished
Rules for application of penalties containing three
a. Death
periods (Article 64)
b. Service of Sentence
Rules on the presence of mitigating/aggravating
circumstances and habitual delinquency (Article 62) c. Amnesty
Rules on the imposition of fines (Articles 66 and 75) People v. Patriarca, 341 SCRA 464
Subsidiary imprisonment (Article 39) People v. Reyes, 175 SCRA 597 [1989]
Execution and service of sentence (Article 78) Sermonia v. CA, 233 SCRA 155, June 14, 1994
CRIMINAL LAW 1
g. Marriage of the offended party. 1. People v. Gonzales, March 19, 1990, 183 SCRA 308
2. Article 94. Partial Extinction of Criminal Liability 3. People v. Mabug-at, 51 Phil. 967
3. Good conduct Art. 97 (RA 105592) 6. People v. Orita, April 03, 1990
4. Special time allowance for loyalty Art. 98 7. People v. Lubo, 101 Phil. 179
Civil liability of a person guilty of a felony (Article 100) 10. Barrioquinto v. Fernandez, 82 Phil. 642
Kinds of civil liability (Articles 104-109) 11. People v. Macatangay, 107 Phil. 188
Guidelines on fixing the civil liabilities in specific crimes 12. People v. Pisalvo, 108 SCRA 211
(Jugueta doctrine)
13. People v. Padirayon, 67 SCRA 135
Rules on subsidiary liability (Article 102)
14. Cruz v. People, October 08, 2014
Subsidiary liability of other persons (Article 103)
15. Valenzuela v. People, June 21, 2007
Extinction of civil liability (Article 112)
16. People v. Pantaleon, March 13, 2009 49. People v. Valenzuela, February 6, 2009
17. People v. Reyes, March 17, 2009 50. People v. Hernando, November 25, 2009
20. Cajigas v. People, February 23, 2009 1. People v. Fajardo, 49 Phil. 206
21. People v. Regalario, March 31, 2009 2. Pendon v. Diasnes, 91 Phil. 848
22. People v. Comillo, November 25, 2009 3. People v. Caldito, 72 Phil. 262
23. People v. Aleta, April 16, 2009 4. People v. Jose, 37 SCRA 450
24. People v. Lopez, April 16, 2009 5. Com. of Customs v. Encarnacion, 95 Phil. 439
25. People v. Domingo, March 2, 2009 6. People v. Sanchez, 101 Phil. 745
26. People v. Alipio, October 5, 2009 7. People v. Exconde, 101 Phil. 1125
27. Sierra v. People, July 3, 2009 8. People v. Munoz, 170 SCRA 107
28. Madali, et al. v. People, August 4, 2009 9. People v. Alcaantara, 21 SCRA 906
29. Remiendo v. People, October 9, 2009 10. People v. Dela Cruz, 122 CRA 227
30. Urbano v. People, January 20, 2009 11. People v. Marcos, 147 SCRA 204
31. People v. Comillo, Jr., et al., November 25, 2009 12. People v. Villanueva, 93 Phil. 927
32. People v. Obligado, April 16, 2009 13. People v. Busa, 51 SCRA 317
34. People v. Muhammad Abdulah, January 20, 2009 15. People v. Tamani, 55 SCRA 153
35. People v. Basmayor, February 10, 2009 16. People v. Apiado, 53 Phil. 325
36. People v. Delpino, June 18, 2009 17. People v. Remollino, 109 Phil. 607
37. Valenzuela v. People, August 14, 2009 18. People v. Abella, 93 SCRA 25
38. Pablo Amodia v. People, April 7, 2009 19. People v. Remerata, 98 Phil. 413
39. People v. De Guzman, February 4, 2009 20. People v. Araneta, 48 Phil. 650
40. People v. Villanueva, July 22, 2009 21. Parulan v. Rodas, 78 Phil. 855
41. People v. Honor, April 7, 2009 22. People v. Ty Sui Wong, 83 SCRA 125
42. People v. Sumingwa, October 13, 2009 23. People v. Manguiat, 51 Phil. 406
43. People v. Algarme and Gelle, February 12, 2009 24. People v. Hernandez, 99 Phil. 515
44. Ambito v. People, February 13, 2009 25. People v. Abedosa, 53 Phil. 788
45. Juno Bautista v. People, December 16, 2009 26. Regis v. People, 67 Phil. 43
46. Urbano v. People, January 20, 2009 27. People v. Barbas, 60 Phil 241
47. People v. Romualdez, April 29, 2009 28. People v. Ang Cho Kio, 95 Phil. 475
29. People v. Geronimo, 100 Phil. 90 17. People v. Ching Kuan, 70 Phil. 231
30. Angeles v. Jose, 96 Phil. 151 18. People v. Quinto, 60 Phil. 551
31. People v. Lizardo, 21 SCRA 1225 19. Delos Reyes v. People, 103 Phil. 297
32. People v. Hernandez, 99 Phil 51 20. People v. Peralta, et al., 25 SCRA 759
34. Samson v. Court of Appeals, 103 Phil. 277 Recommended Reference/Text Books:
37. People v. Maribung, 149 SCRA 292 3. Criminal Law Concepts, Nojara
Articles 61 to 80