INTRODUCTION

Fundamental principles of Criminal Law and Articles 1 to 11 are incorporated

in this module. Basic concepts of criminal law are integrated in this module. As
criminal law students, it is the first step for you to understand the criminal justice
system and the circumstances surrounding each concept.

Objective:
At the end of the module, you should be able to:
1.Master the basic concepts of criminal law.
2.Define criminal law by heart.
2.Distinguish between crimes, and criminal liability.

LESSON 1
Fundamental Principles.

Criminal Law- a branch of municipal law w/c defines crimes, treats of their
nature and provides for their punishment.
*Penal laws are strictly construed against the government and liberally in favor
of the accused. It means that no person should be brought within the terms of
criminal statutes that are not clearly within them not should any act be
pronounced criminal which is not clearly made so in the law.
CHARACTERISTICS OF CRIMINAL LAW (3)
I. Generality-As a general rule, criminal laws are binding on all
persons who live or sojourn in the Philippines
Exceptions:
1. Treaty stipulations- example-RP and US Visiting Forces Agreement.
(Even if the person accused is living in the Philippines and he committed a
crime, he is not covered under our criminal law because of the RP-US Visiting
Forces Agreement.
2. Laws of Preferential Application-Persons who are exempt from arrest
and imprisonment- ambassadors and public ministers of any foreign state and
domestic servants of ambassadors and public ministers.
3. Principles of Public International Law- The following ae exempted,
whether or not the crime is committed outside the performance of their duties
These are:
1. Sovereigns and other chief of states
2. Ambassadors, minister residents, and charges d’ affaires)
II. Territoriality- Penal laws of the Philippines are enforceable only
within its territory.
Exceptions (Art. 2, RPC)
1. Offenses committed while on a Phil ship or airship
2. Forging or counterfeiting any coin or currency note of the Phil. Islands
or obligations and securities issued by the govt.
 3. Introduction into the country of the above mentioned
4. While being public officers and employees, an offense is committed in
the exercise of their functions- Some of these crimes are bribery, fraud against
national treasury, malversation of public funds or property, and illegal use of
public funds; e.g., A judge who accepts a bribe while in Japan
5. Crimes against National Security and the Law of the Nations
(These crimes include treason, espionage, piracy, mutiny, and violation of
neutrality)
III. Prospectivity- The law does not have any retroactive effect except
when it is favorable to the accused.

MALA IN SE AND MALA PROHIBITA

Violations of the Revised Penal Code are referred to as malum in se, which
literally means, that the act is inherently evil or bad or per se wrongful. On
the other hand, violations of special laws are generally referred to as malum
prohibitum.
Note, however, that not all violations of special laws are mala prohibita. While
intentional felonies are always mala in se, it does not follow that prohibited
acts done in violation of special laws are always mala prohibita.
Distinction between crimes punished under the Revised Penal Code and crimes
punished under special laws
1. As to moral trait of the offender
In crimes punished under the Revised Penal Code, the moral trait of the
offender is considered. This is why liability would only arise when there is dolo
or culpa in the commission of the punishable act.
In crimes punished under special laws, the moral trait of the offender is not
considered; it is enough that the prohibited act was voluntarily done.
2. As to use of good faith as defense
In crimes punished under the Revised Penal Code, good faith or lack of
criminal intent is a valid defense; unless the crime is the result of culpa
In crimes punished under special laws, good faith is not a defense
3. As to degree of accomplishment of the crime
In crimes punished under the Revised Penal Code, the degree of
accomplishment of the crime is taken into account in punishing the offender;
thus, there are attempted, frustrated, and consummated stages in the
commission of the crime.
In crimes punished under special laws, the act gives rise to a crime only when
it is consummated; there are no attempted or frustrated stages, unless the
special law expressly penalize the mere attempt or frustration of the crime.
4. As to mitigating and aggravating circumstances
In crimes punished under the Revised Penal Code, mitigating and aggravating
circumstances are taken into account in imposing the penalty since the moral
trait of the offender is considered.
In crimes punished under special laws, mitigating and aggravating
circumstances are not taken into account in imposing the penalty.
5. As to degree of participation
In crimes punished under the Revised Penal Code, when there is more than
one offender, the degree of participation of each in the commission of the crime
is taken into account in imposing the penalty; thus, offenders are classified as
principal, accomplice and accessory.
Constitutional Limitations on the power of Congress to enact penal laws.
1.EQUAL PROTECTION
2.DUE PROCESS-the right to be heard by a competent jurisdiction
3.NON-IMPOSITION OF CRUEL AND UNUSUAL PUNISHMENT OR EXCESSIVE
FINES
4.BILL OF ATTAINDER-it is a legislative act that inflicts punishment without
trial.
5.EX POST FACTO LAW-It is a law which makes an action criminal but
innocent when it was committed.

Lesson 2
FELONIES

Art 3. Acts and omissions punishable by law are felonies.

Felony are acts and omissions punishable by law. As to the manner of
commission, felonies maybe classified as intentional felonies or culpable
felonies.
Felonies may also be classified according to their penalties:
1.Grave Felony-those which the law attaches capital punishment
2.Less Grave Felony-those which the law punishes with penalties in their
maximum period are correccional
3.Light felonies-those infractions of law for the commission of which the
penalty is one to 30 days ot a fine not exceeding 200 pesos.

Felonies may also be classified according to their stage of execution:

1.Attempted Felony
2.Frustrated Felony
3.Consummated Felony

Elements of a felony
1) an act or omission;
(2) punishable by the Revised Penal Code; and
(3) the act is performed or the omission incurred by means of dolo or culpa.
*Acts – an overt or external act
*Omission – failure to perform a duty required by law. Example of an omission:
failure to render assistance to anyone who is in danger of dying or is in an
uninhabited place or is wounded – abandonment.
*Felonies – acts and omissions punishable by the Revised Penal Code
*Crime – acts and omissions punishable by any law
How felonies are committed:
1. BY MEANS OF DECEIT (dolo) – There is deceit when the act is performed
with deliberate intent.
Requisites:
1. freedom-the voluntariness on the part of the person to commit the act
or omission
2. intelligence-the capacity to know and understand the consequences of
one’s act.
3. intent-the purpose to use a particular means to effect such result, the
intent to commit an act with malice; a mental state
Examples: murder, treason, and robbery
Criminal intent is not necessary in these cases:
a. When the crime is the product of culpa or negligence, reckless
imprudence, lack of foresight or lack of skill;
b. When the crime is a prohibited act under a special law or what is
called malum prohibitum.
*Intent is the determination to do a certain thing, an aim or purpose of the
mind. It is the design to resolve or determination by which a person acts.
*discernment is the mental capacity to tell right from wrong. It relates to the
moral significance that a person ascribes to his act and relates to the
intelligence as an element of dolo, distinct from intent.
Distinction between intent and motive
Intent is demonstrated by the use of a particular means to bring about a
desired result – it is not a state of mind or a reason for committing a crime.
Motive implies motion. It is the moving power which impels one to do an act.
When there is motive in the commission of a crime, it always comes before the
intent. But a crime may be committed without motive.
If the crime is intentional, it cannot be committed without intent. Intent is
manifested by the instrument used by the offender.
2. BY MEANS OF FAULT (culpa) – There is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or lack of skill.
a.Imprudence – deficiency of action; e.g. A was driving a truck along a
road. He hit B because it was raining – reckless imprudence.
 b.Negligence – deficiency of perception; failure to foresee impending
danger, usually involves lack of foresight
The concept of criminal negligence is the inexcusable lack of precaution on the
part of the person performing or failing to perform an act. If the danger
impending from that situation is clearly manifest, you have a case of reckless
imprudence. But if the danger that would result from such imprudence is not
clear, not manifest nor immediate you have only a case of simple negligence.
*Mistake of fact – is a misapprehension of fact on the part of the person who
caused injury to another. He is not criminally liable.
a. Requisites:
1. that the act done would have been lawful had the facts been as the
accused believed them to be;
2. intention of the accused is lawful;
3. mistake must be without fault of carelessness.
Example: United States v. Ah Chong.
Ah Chong being afraid of bad elements, locked himself in his room by placing a
chair against the door. After having gone to bed, he was awakened by
somebody who was trying to open the door. He asked the identity of the
person, but he did not receive a response. Fearing that this intruder was a
robber, he leaped out of bed and said that he will kill the intruder should he
attempt to enter. At that moment, the chair struck him. Believing that he was
attacked, he seized a knife and fatally wounded the intruder. This is mistake of
fact.
Lesson 3
Criminal Liability, Stages of Execution

Art. 4. Criminal liability shall be incurred:

1. By any person committing a felony

This presupposes that the act done is the proximate cause of the resulting
felony. It must be the direct, natural, and logical consequence of the felonious
act. Proximate cause then is the direct, natural and logical consequence of the
felonious act.

2. Causes which produce a different result:

2.A. Mistake in identity of the victim – injuring one person who is

mistaken for another. e.g., A intended to shoot B, but he instead shot C
because he (A) mistook C for B.

In error in personae, the intended victim was not at the scene of the
crime. It was the actual victim upon whom the blow was directed, but he
was not really the intended victim.
 2.B. Mistake in blow – hitting somebody other than the target due to
lack of skill or fortuitous instances e.g., B and C were walking together.
A wanted to shoot B, but he instead injured C.
In aberratio ictus, a person directed the blow at an intended victim,
but because of poor aim, that blow landed on somebody else. In
aberratio ictus, the intended victim as well as the actual victim are both at
the scene of the crime.

2.C. Praeter intentionem generally gives rise to an Injurious result

which is greater than that intended – causing injury graver than intended
or expected (this is a mitigating circumstance due to lack of intent to
commit so grave a wrong e.g., A wanted to injure B. However, B died.

Praeter intentionem is mitigating, particularly covered by paragraph 3 of

Article 13-will be discussed in the second module

Doctrine of Proximate Cause – such adequate and efficient cause as, in the
natural order of events, and under the particular circumstances surrounding
the case, which would necessarily produce the event.

Requisites:
1. the direct, natural, and logical cause
2. produces the injury or damage
3. unbroken by any sufficient intervening cause
4. without which the result would not have occurred
The one who caused the proximate cause is the one liable. The one
who caused the immediate cause is also liable, but merely contributory or
sometimes totally not liable.

3. 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.

IMPOSSIBLE CRIME/ EMPLOYMENT OF INADEQUATE MEANS/

INEFFECTUAL MEANS

1. Act would have been an offense against persons or property

2. Act is not an actual violation of another provision of the Code or of a
special penal law
3. There was criminal intent
4. Accomplishment was inherently impossible; or inadequate or ineffectual
means were employed.

Notes:
1. Offender must believe that he can consummate the intended crime.
Example: a man stabbing another who he knew was already dead cannot
be liable for an impossible crime. Here, he knew he cannot commit the
crime

2. The law intends to punish the criminal intent.

3. There is no attempted or frustrated impossible crime.
  Felonies against persons: parricide, murder, homicide, infanticide,
physical injuries, etc.
 Felonies against property: robbery, theft, usurpation, swindling, etc.
 Inherent impossibility: A thought that B was just sleeping. B was already
dead. A shot B. A is liable. If A knew that B is dead and he still shot
him, then A is not liable.

When we say inherent impossibility, this means that under any and all
circumstances, the crime could not have materialized. If the crime could have
materialized under a different set of facts, employing the same mean or the same
act, it is not an impossible crime; it would be an attempted felony.

 Employment of inadequate means: A used poison to kill B. However, B

survived because A used small quantities of poison – frustrated murder.

 Ineffectual means: A aimed his gun at B. When he fired the gun, no bullet
came out because the gun was empty. A is liable.

Art.6.ATTEMPTED, FRUSTRATED AND CONSUMMATED stages of a crime

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 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. (example of cause or accident: weapon
was snatched, intended victim was able to run away, attacker was
overpowered. Note here that the attacker still has criminal intent).

Some felonies that do not admit of Frustrated and/ or Attempted Stage

Felony Attempted Frustrated Consummated

Rape No frustrated rape.
Crime already
produced by even
the slightest
penetration; hence,
consummated rape
Arson No frustrated stage.
Crime already
produced even by
slight burn; hence,
consummated arson
Bribery (committed Attempted Stage No frustrated stage Consummated when
by the receiver) when “receiver” as the crime is “receiver” accepted
 demanded from the produced when what was being
giver someting in “receiver” accepts offered
exchange of the the gift; hence,
commission of a consummated
crime but the giver bribery
does not deliver
Corruption of Public Attempted stage No frustrated stage. Consummated when
Officers (committed when Crime already giver/corruptor
by the giver) giver/corruptor produced when delivers his offer
offers something to giver and receiver
the receiver agree
Adultery/ No attempted/
Concubinage frustrated stage
because the crime is
produced when both
man and woman
enter into sexual
relation
Physical Injury None None none
Theft No frustrated stage

 Generation of a crime
1. Mental Stage – intent and plans; usually not punishable
2. External Stage
1. Preparatory Acts – may not lead to the commission of a concrete
crime (such as buying a poison, buying an ax, buying bullets). But it
may lead to an actual crime such as Conspiracy or Proposal to
commit Treason, Rebellion, Insurrection, Coup d etat, Sedition (no
proposal)
2. Acts of Execution – acts done which may be at the attempted,
frustrated or consummated stage

ART.6 applies only to intentional crimes except Felonies by omission, culpable

felonies or violations of special laws

Examples:
1. A put poison in B’s food. B threw away his food. A is liable – attempted
murder.
2. A stole B’s car, but he returned it. A is liable – (consummated) theft.
3. A aimed his gun at B. C held A’s hand and prevented him from shooting
B – attempted murder.
4. A inflicted a mortal wound on B. B managed to survive – frustrated
murder.
5. A intended to kill B by shooting him. A missed – attempted murder.
6. A tried to rape B. B managed to escape. There was no penetration
– attempted rape.
7. A got hold of B’s painting. A was caught before he could leave B’s house
– frustrated robbery.

Art. 8. Conspiracy and proposal to commit felony are punishable only in

the cases in which the law specially provides a penalty therefore.
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.

 Conspiracy is punishable in the following cases: treason, rebellion or

insurrection, sedition, and monopolies and combinations in restraint of
trade.
 Conspiracy to commit a crime is not to be confused with conspiracy as a
means of committing a crime. In both cases there is an agreement but
mere conspiracy to commit a crime is not punished EXCEPT in treason,
rebellion, or sedition.

Two ways for conspiracy to exist:

(1) There is an agreement.
(2) The participants acted in concert or simultaneously which is
indicative of a meeting of the minds towards a common criminal goal or
criminal objective. When several offenders act in a synchronized, coordinated
manner, the fact that their acts complimented each other is indicative of the
meeting of the minds. There is an implied agreement.
Two kinds of conspiracy:
1.Conspiracy as a crime;
- no overt act is necessary
- mere conspiracy is the crime itself
- punishable even if a mere preparatory act; hence, conspiracy to
commit Treason, conspiracy to commit rebellion, conspiracy to commit
insurrection, conspiracy to commit sedition, and conspiracy to commit coup
d’etat are the only are punishable.
- once one, some or all overt acts are committed, the crime is Treason,
Rebellion, Insurrection, Sedition, and Coup d etat.

2.Conspiracy as a manner of incurring criminal liability

- When the conspiracy is only a basis of incurring criminal liability, there
must be an overt act done before the co-conspirators become criminally
liable.
- Conspiracy may be EXPRESS (pre-planned) or IMPLIED (instantaneous)
- No overt act committed, there is no crime yet. But when one of them
commits any overt act, all of them shall be held liable.
- As a general rule, if there has been a conspiracy to commit a crime in a
particular place, anyone who did not appear shall be presumed to have
desisted. The exception to this is if such person who did not appear was
the mastermind.
When the conspiracy itself is a crime, this cannot be inferred or deduced
because there is no overt act. All that there is is the agreement. On the other
hand, if the co-conspirator or any of them would execute an overt act, the
crime would no longer be the conspiracy but the overt act itself.
 Conspiracy as a crime must have a clear and convincing evidence of its
existence. Every crime must be proved beyond reasonable doubt.
Mere knowledge, acquiescence to, or approval of the act, without
cooperation or at least, agreement to cooperate, is not enough to constitute a
conspiracy. There must be an intentional participation in the crime with a
view to further the common felonious objective.
CONSPIRATORS are PRINCIPALS by:
1. Direct Participation
2. By Inducement
3. Indispensable Cooperation
Illustration:
When several persons who do not know each other simultaneously attack
the victim, the act of one is the act of all, regardless of the degree of injury
inflicted by any one of them. All will be liable for the consequences. A
conspiracy is possible even when participants are not known to each other
(IMPLIED CONSPIRACY). Do not think that participants are always known to
each other.
Proposal is true only up to the point where the party to whom the
proposal was made has not yet accepted the proposal. Once the proposal was
accepted, a conspiracy arises. Proposal is unilateral, one party makes a
proposition to the other; conspiracy is bilateral, it requires two parties.
Art. 9. Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their are afflictive, in accordance with
Article 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 the
penalty of arresto mayor or a fine not exceeding 200 pesos, or both is provided.
• Capital punishment – death penalty.
• Penalties (imprisonment):
b. Grave – six years and one day to reclusion perpetua (life);
c. Less grave – one month and one day to six years;
d. Light – arresto menor (one day to 30 days).
Felonies are classified as follows:
A. According to the manner of their commission
Under Article 3, they are classified as, intentional felonies or those committed
with deliberate intent; and culpable felonies or those resulting from
negligence, reckless imprudence, lack of foresight or lack of skill.
B. According to the stages of their execution
Under Article 6., felonies are classified as attempted felony 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; frustrated
felony when the offender commences the commission of a felony as a
consequence but which would produce the felony as a consequence but which
nevertheless do not produce the felony by reason of causes independent of the
perpetrator; and, consummated felony when all the elements necessary for its
execution are present.
C. According to their gravity
Under Article 9, felonies are classified as grave felonies or those to which
attaches the capital punishment or penalties which in any of their periods are
afflictive; less grave felonies or those to which the law punishes with penalties
which in their maximum period was correccional; and light felonies or those
infractions of law for the commission of which the penalty is arresto menor.