Review on Criminal Lawand Jurisprudence

(Board of Licensure Examination for Criminologist favorite topics)

Revised Penal Code Book 1
PRELIMINARY TITLE.
DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS
CODEPRELIMINARY TITLE. DATE OF EFFECTIVENESS AND APPLICATION OF
THE PROVISIONS OF THIS CODE
CRIMINAL LAW
 is that branch or division of law which defines crimes, treats of their nature, and provides
for their punishment.
CRIME
 is an act committed or omitted in violation of a public law forbidding of commanding it.
SOURCES OF PHILIPPINE CRIMINAL LAW
1. Revised Penal Code (Act No. 3815) and its amendments
2. Special Penal Laws
3. Penal Presidential Decrees
LIMITATIONS ON ENACTIING PENAL LAWS
1. No ex post facto law or bill of attainder shall be enacted.
2. No person shall be held to answer for a criminal offense without due process of law
CHARACTERISTICS OF CRIMINAL LAW
A. General
 Criminal law is binding on all persons who live and sojourn in Philippine territory. (Art
12 NCC)
Exceptions
1. Treaties or treaty stipulation
2. Law of preferential application
3. Principles of public international law
B. Territorial (Aug 2023 CLE)
 As a rule, the penal laws of the Philippines are enforceable only within its territory.
Article 2. RPC may be enforced outside of Philippine jurisdiction against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations
and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in
Title One of Book Two of this Code.
C. Prospective
 A penal law cannot make an act punishable in a manner in which it was not punishable
when committed. Crimes are punished under the laws in force at the time of their
commission. (Art 366, RPC)
Exception:
Applied retroactively whenever a new statute dealing with crime establishes conditions more
lenient or favorable to the accused.
Exception to Exception:
a. Where the law is expressly made inapplicable to pending actions or existing causes of action
b. Where the offender is a habitual criminal.
TWO THEORIES IN CRIMINAL LAW
CLASSICAL THEORY (Aug 2023 CLE)
 Basis of criminal liability is free will. Purpose of penalty is retribution; Establishes a
mechanical and direct proportion between crime and penalty, Places more stress in the
effect or result of the felonious act upon the man; Scant regard to human element.
POSITIVIST THEORY
 Man is subdued occasionally by a strange and morbid phenomenon which constrains him
to do wrong, in spite of or contrary to his volition
ARTICLE 3. Felony. (Aug 2023 CLE)

 Acts and omissions punishable by law are felonies (delitos). Felonies are committed not
only by means of deceit (dolo) but also by means of fault (culpa). There is deceit when
the act is performed with deliberate intent; and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or lack of skill.
IGNORANTIA FACTI EXCUSAT (Aug 2023 CLE)
 Ignorance or mistake of fact relieves the accused from criminal liability; an honest
mistake of fact destroys the presumption of criminal intent
 Mistake of fact is not a valid defense in Culpable Felonies
 In error in personae/ mistake of identity, mistake of fact is does not apply
ARTICLE 4. Criminal Liability. Criminal liability shall be incurred:
 By any person committing a felony (delito) although the wrongful act done be different
from that which he intended.
 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 on account of the
employment of inadequate or ineffectual means.
CAUSES WHICH MAY PRODUCE A RESULT DIFFERENT FROM WHAT THE
OFFENDER INTENDED
1. ERROR IN PERSONAE. Mistake in the identity of the victim.
2. ABBERATIO ICTUS. Mistake by blow.
3. PRAETER INTENTIONEM. Injurious result is greater than that intended.
PROXIMATE CAUSE- is that cause which, in natural and continuous sequence, unbroken by
any efficient intervening cause, produces the injury, and without which the result would not have
occurred. (Aug 2023 CLE)
IMPOSSIBLE CRIME, REQUISITES
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 a. inherently impossible, or b. that the means employed is either
inadequate or c. (the means employed is) ineffectual,
4. That the act performed should not constitute a violation of another provision in the RPC
ARTICLE 6. Consummated, Frustrated, and Attempted Felonies.
Consummated felonies, as well as those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when the offender performs all the acts of execution which
would produce the felony as a consequence but which, nevertheless, do not produce it by reason
of causes independent of the will of the perpetrator. There is an attempt (Aug 2023 CLE) when
the offender commences the commission of a felony directly by overt acts, and does not perform
all the acts of execution which should produce the felony by reason of some cause or accident
other than his own spontaneous desistance.
ARTICLE 8. 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 concerning the
commission of a felony and 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.
ARTICLE 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are those
to which the law attaches the capital punishment or penalties which in any of their periods are
afflictive, in accordance with Art. 25 of this Code. Less grave felonies are those which the law
punishes with penalties which in their maximum period are correctional, in accordance with the
above-mentioned article. Light felonies are those infractions of law for the commission of which
a penalty of arrest menor or a fine not exceeding Forty thousand pesos (P40,000.00) or both; is
provided. (Amended by RA 10951)
CHAPTER TWO
JUSTIFYING CIRUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM
CRIMINAL LIABILITY
CIRCUMSTANCES THAT AFFECT CRIMINAL LIABILITY:
1. Justifying Circumstances.
 Those where the act of a person is said to be in accordance with law, so that such person
is deemed not to have transgressed the law and is free from both criminal and civil
liability. The law recognizes the non-existence of a crime by expressly stating in the
opening statement of Article 11 that the persons therein mentioned “do not incur any
criminal liability.”
 1. Self-defense
 2. Defense of Relatives
 3. Defense of a Stranger
 4. Avoidance of a Greater Evil or Injury
 5. Acts in the Fulfillment of Duty or in the Lawful Exercise of a Right or Office
 6. Acts in Obedience to an Lawful Order
2. Exempting Circumstances. (Non-imputability)
 Those grounds for exemption from punishment because there is no wanting in the agent
of the crime any of the conditions which make the act voluntary or negligent. Based on
the complete absence of intelligence, freedom of action, or intent, or on the absence of
negligence on the part of the accused.
 1. IMBECILITY OR INSANITY
 2. MINORITY
 3. ACCIDENT WITHOUT FAULT OR INTENTION CAUSING IT
 4. ACTING UNDER COMPULSION OF AN IRRESISTIBLE FORCE
 5. ACTING UNDER THE IMPULSE OF AN UNCONTROLLABLE FEAR
 6. INSUPERABLE OR LAWFUL CAUSES
3. Mitigating Circumstances.
 Those, which if present in the commission of a crime, do not entirely free the actor from
criminal liability, but serve only to reduce the penalty. Based on the diminution of either
freedom of action, intelligence, or intent, or on the lesser perversity of the offender.
 1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE
 2. MINORITTY (15-18 Y/O WITH DISCERNMENT), OR SENILITY
 (OVER 70 Y/O)
 3. NO INTENTION TO COMMIT SO GRAVE A WRONG (PRAETER
 INTENTIONEM)
 4. SUFFICENT THREAT OR PROVOCATION
 5. VINDICATION OF GRAVE OFFENSE
 6. PASSION AND OBFUSCATION
 7. VOLUNTARY SURRENDER AND CONFESSION OF GUILT
 8. PHYSICAL DEFECT OF OFFENDER
 9. ILLNESS OF THE OFFENDER
 10. SIMILAR OR ANALOGOUS CIRCUMSTANCES
4. Aggravating Circumstances.
 Those which, if attendant in the commission of the crime, serve to increase the penalty
without, however, exceeding the maximum of the penalty provided by law for the
offense. Based on the greater perversity of the offender manifested in the commission of
the felony.
5. Alternative Circumstances.
 RELATIONSHIP
 INTOXICATION
 DEGREE OF INSTRUCTION AND EDUCATION
TITLE TWO PERSONS CRIMINALLY LIABLE FOR FELONIES
Article 16. Who are criminally liable. - The following are criminally liable for grave and less
grave felonies:
a. Principals.
b. Accomplices.
c. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
 Criminal law RPC (Book II)
Crimes and Penalties
Title One Crimes Against National Security and The Laws of Nations
Art.114 Treason Elements
1. Offender is a Filipino citizen or an alien resident.
2. There is a war in and Philippines is involved.
3. Offender either a. levies war against the government or b. adheres to enemies, giving aid or
comfort.
Ways to prove
1. Treason a. testimony of at least 2 witnesses to the same overt act b. judicial confession of
accused
2. Adherence a. one witness b. nature of act itself c. circumstances surrounding act.
Art.115 Conspiracy and Proposal to Commit Treason Elements –
Conspiracy 1. In tome of war
2. Two or more persons come to an agreement to a. Levy war against the government or b.
Adhere to the enemies and to give them aid or comfort 3. They decide to commit it.
Art.116 Misprision of Treason Elements
1. Offender owes allegiance to the government
2. Not a foreigner
3. Has knowledge of any conspiracy to commit treason against the government
4. He conceals or does not disclose the same to the authorities in which he resides.
Art.117. Espionage - is the offense of gathering, transmitting, or losing information respecting
the national defense with intent or reason to believe that the information is to be used to the
injury of the Republic of the Philippines or the advantage of a foreign nation.
Section Two
Provoking War and Disloyalty in Case of War
Art.118. Inciting to war or giving motives for reprisals Elements:
1. Offender performs unlawful or unauthorized acts.
2. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or
expose Filipino citizens to reprisals on their person or property.
Art.119 Violation of Neutrality Elements:
1. That there is a war in which the Philippines is not involved.
2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality
and
3. That the offender violates such regulation.
Art.120 Correspondence with hostile country Elements:
1. There is a war in and Philippine is involved.
2. That the offender makes correspondence with an enemy country or territory occupied by
enemy troops.
3. That the correspondence is either a. prohibited by the government b. carried on in ciphers or
conventional signs or c. containing notice or information which might be useful to the enemy.
Art.121. Flight to enemy's country Elements:
1. There is a war and Philippine is involved.
2. Offender owes allegiance to the government.
3. Offender attempts to flee or go to enemy country. 4. Going to enemy country is prohibited by
competent authority
Section Three
Piracy and Mutiny on the High Seas
Art.122 Piracy in General and Mutiny on the high seas Piracy - Modes to commit
1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD532)
2. By seizing the whole or part of the cargo of said vessels,its equipment or personal belongings
of its compliment or passengers,the offenders being strangers to the vessels.
Piracy - it is robbery or forcible depredation on the high seas without lawful authority and done
with animo furandi and in the spirit and intention of universal hostility.
Mutiny - the unlawful resistance to a superior or the raising of commotions and disturbances on
board a ship against the authority of its commander.
Art. 123. Qualified piracy Qualifying Circumstances:
1. Whenever they have seizure of the vessel by boarding or firing upon the same
2. Abandonment of victims without means of saving themselves
3. Piracy was accompanied by murder, homicide, physical injuries or rape.
Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING,
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND
CRIMES AGAINST RELIGIOUS WORSHIP
Section One. — Arbitrary detention and expulsion
Art. 124. Arbitrary detention Elements:
1. That the offender is a public officer or employee (whose official duty include the authority to
make an arrest and detain persons.
2. That he detains a person
3. That it was without legal grounds
Art.125 Delay in the delivery of detained persons to the proper judicial authorities Elements:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal ground
3. That he fails to deliver such person to the proper judicial authority within a. 12 hrs. - detained
for crimes punishable by light penalties or equivalent b. 18 hrs. - for crimes punishable by
correctional penalties or their equivalent c. 36 hrs. - for crimes punishable by capital punishment
or afflictive penalties or their equivalent

Art. 126. Delaying release Elements:

1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the release of a prisoner or detention prisoner or
that there is a proceeding upon a petition for the liberation of such person.
3. That the offender without good reason delays
a. The service of the notice of such order to the prisoner
b. The performance of such judicial or executive order for the release of the prisoner
c. The proceedings upon a petition for the release of such person Note: Wardens and jailers are
the persons most likely to violate this provision.
Art.127. Expulsion Elements:
1. That the offender is a public officer or employee
2. That he expels any person from the Philippines or compels a person to change his residence
3. That the offender is not authorized to do so by law
Art.128. Violation of Domicile Elements:
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the dwelling and/or to make a search
therein for papers or other effects.
3. That he commits any of the following acts:
a. Entering any dwelling against the will of the owner thereof
b. Searching papers or other effects found therein without the previous consent of such owner
c. Refusing to leave the premises after having surreptitiously entered said dwelling and after
having been required to leave the same.
Art. 129. Search warrants maliciously obtained and abuse in the service of those legally
obtained. Acts punishable:
1. Procuring a search warrant without just cause Elements:
a. That the offender is a public officer or employee b. That he procures a search warrant c. That
there is no just cause
2. Exceeding his authority by using unnecessary severity in executing a search warrant legally
procured. Elements: a. That the offender is a public officer or employee b. That he has legally
procured a search warrant c. That he exceeds his authority or uses unnecessary severity in
executing the same.
Art. 130. Searching domicile without witnesses. Elements:
1. That the offender is public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches the domicile,papers,or other belongings of any person
4. That the owner or any member of his family or two witnesses residing in the same locality are
not present.
 Title Three
CRIMES AGAINST PUBLIC ORDER Chapter One REBELLION, SEDITION AND
DISLOYALTY
Art. 134. Rebellion or insurrection Elements:
1. That there be a public armed uprising
2. That the purpose of the uprising or movement is either a. To remove from the allegiance to
said government or its laws the territory of the Philippines or any part thereof or any body of
land, naval,or other armed forces or b. To deprive the chief executive or congress wholly or
partially of any of their powers or prerogatives.
Article 134-A. Coup d' etat Elements:
1. Offender is a person or persons belonging to the military or police or holding any public office
or employment.
2. Committed by means swift attack, accompanied by violence, intimidation, threat, strategy or
stealth.
3. Directed against a. duly constituted authorities of the Philippines b. any military camp or
installation c. communication networks, public utilities or other facilities needed for the exercise
and continued possession of power.
4. For the purpose of seizing or diminishing state power.
Title Eight
CRIMES AGAINST PERSONS
Chapter One DESTRUCTION OF LIFE
Art. 246. Parricide. — Any person who shall kill his father, mother, or child, whether legitimate
or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide
and shall be punished by the penalty of reclusion perpetua to death.
Art. 247. Death or physical injuries inflicted under exceptional circumstances. — Any
legally married person who having surprised his spouse in the act of committing sexual
intercourse with another person, shall kill any of them or both of them in the act or immediately
thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of
destierro.
Art. 248. Murder. — Any person who, not falling within the provisions of Article 246 shall kill
another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum
period to death, if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employingmeans to weaken the defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment
or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with
the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.

Art. 249 Homicide Elements

1. That a person was killed
2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill which is presumed
4. That the killing was not attended by any of the qualifying circumstances of murder, parricide,
or infanticide.
Section Two. — Infanticide and abortion.
Art. 255. Infanticide. — The penalty provided for parricide in Article 246 and for murder in
Article 248 shall be imposed upon any person who shall kill any child less than three days of
age.
If the crime penalized in this article be committed by the mother of the child for the purpose of
concealing
her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum
periods, and
if said crime be committed for the same purpose by the maternal grandparents or either of them,
the penalty shall be prision mayor.
Art. 256. Intentional abortion. — Any person who shall intentionally cause an abortion shall
suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the
pregnant
woman.
2. The penalty of prision mayor if, without using violence, he shall act without the consent of the
woman.
3. The penalty of prision correccional in its medium and maximum periods, if the woman shall
have consented.
Title Nine
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY Chapter One CRIMES
AGAINST LIBERTY
Art. 267. Kidnapping and serious illegal detention. — Any private individual who shall
kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the
penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than five days.
2. If it shall have been committed simulating public authority.
Title Ten
CRIMES AGAINST PROPERTY Chapter One ROBBERY IN GENERAL
Art. 293. Who are guilty of robbery. — Any person who, with intent to gain, shall take any
personal property belonging to another, by means of violence or intimidation of any person, or
using force upon anything shall be guilty of robbery.
Art. 308. Who are liable for theft. — Theft is committed by any person who, with intent to gain
but without violence against or intimidation of persons nor force upon things, shall take personal
property of another without the latter's consent.

Title Eleven
CRIMES AGAINST CHASTITY
Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who
shall have sexual intercourse with a man not her husband and by the man who has carnal
knowledge of her knowing her to be married, even if the marriage be subsequently declared void.
Art. 334. Concubinage Elements:
1.The man must be married
2.That he committed any of the following acts: a. Keeping a mistress in the conjugal dwelling b.
Having sexual intercourse under scandalous circumstances with a woman who is not his wife c.
Cohabiting with her in any other place
3.That as regards the woman, she must know him to be married.
Art. 336. Acts of lasciviousness. — Any person who shall commit any act of lasciviousness
upon other persons of either sex, under any of the circumstances mentioned in the preceding
article, shall be punished by prision correccional.
Art. 337. Qualified seduction. — The seduction of a virgin over twelve years and under
eighteen years of age, committed by any person in public authority, priest, home-servant,
domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the
education or custody of the woman seduced, shall be punished by prision correccional in its
minimum and medium periods.