Office of the Air Judge

Advocate
CPT MARIA ELAINE R LLARINA (JAGS) PAF
 SCOPE

Fundamental Principles of Criminal Law

Felonies and Circumstances affecting
Criminal Liability
Persons Liable
Penalties in General
Extinction of Criminal Liability
 Fundamental Principles

CRIMINAL LAW: a branch of public law that treats of acts or

omissions, which are primarily wrongs
against the State.
PENAL LAW: acts of the Legislature prohibiting certain acts
or omissions and establishing for their
violations.
CRIME: an act committed or omitted in violation of a
public law forbidding or commanding it.
Sources of Philippine Criminal Law:
Revised Penal Code (Act No. 3815) Special Penal Laws
Presidential Decrees Executive Orders
 Fundamental Principles
Distinction Mala in Se Mala Prohibita
Wrong because it is
Nature Wrong from its very nature
prohibited by law.
Good Faith as a Valid defense; unless the
Not a defense
Defense crime is the result of culpa
Criminal intent is not
Intent as an an element. Only
Intent is an element
Element intent to violate the
law will suffice
Laws Violated Revised Penal Code Special Penal Laws
Stages of Attempted, frustrated and
None
Execution consummated
 Fundamental Principles
Distinction Mala in Se Mala Prohibita
Degree of Act gives rise to a
Taken into account in
Accomplishment crime only when it is
punishing the offender
of the Crime consummated
Mitigating and
Taken into account in Generally not taken
Aggravating
imposing penalty into account
Circumstances
Generally not taken
Taken into account when into account, all who
Degree of
there are more than 1 participated in the
Participation
offender act are punished in
the same extent
 Fundamental Principles
Distinction Mala in Se Mala Prohibita
Principal, accomplice and Generally, only the
Persons Liable
accessory to the crime principal is liable
The penalty imposed
Penalty is computed on the
against the offenders
basis of whether there is a
is the same whether
Penalty Imposed principal offender, or
they are merely
merely an accomplice or
accomplice or
accessory
accessory
 Fundamental Principles

Characteristics of Penal Law

1. Generality : penal law is binding on all persons who reside
or sojourn in the Philippines.
Exceptions:
Treaty Stipulation Warship Rule
Principle of Public Laws of Preferential
International Law Application
2. Territoriality : penal laws of the Philippines are enforceable
only within its territory.
 Fundamental Principles

Characteristics of Penal Law

2. Territoriality
Exceptions:
• Commission of a crime in a Philippine ship/airship
• Forging/counterfeiting any coin/currency of the
PI/obligations and securities issued by the GPI
• Introduction into these island of the obligations and
securities
• Public officers or employees who commit an offense
in the exercise of their functions
• Commission of any of the crimes against national
security and the law of nations
 Fundamental Principles

Characteristics of Penal Law

3. Prospectivity : penal laws cannot make an ac punishable in
a manner in which it was not punishable
when committed.
Exception : When the new law is favorable to the
accused.
Exception to the exception :
• The new law expressly made inapplicable to pending
actions or existing causes of actions.
• When the offender is a habitual criminal.
 Fundamental Principles

Theories of Criminal Law

1. Classical Theory : basis of criminal liability – human free
will
2. Positivist or : man is inherently good but because of
Realistic Theory his environment and upbringing, he
becomes socially sick
3. Eclectic (Mixed) : ideally, the classical theory is applied to
Theory heinous crimes, whereas, the positivist
works on economic and social crimes
4. Utilitarian or : punishment is to protect society from
Protective Theory potential and actual wrongdoers
 Felonies and Circumstances affecting
Criminal Liability

Classification of Felonies
Felonies : acts or omissions punishable by law
Elements:
1. There must be an act or omission
2. The act or omission must be punishable by
the RPC
3. The act is performed or the omission is
incurred by means of dolo or culpa
As to penalties : grave, less grave and light felonies
As to stage of execution : attempted, frustrated and
consummated
 Felonies and Circumstances affecting
Criminal Liability

Criminal Liability
Criminal liability shall be incurred:
1. By any person committing a felony (delito) although
the wrongful act done be different from that which he
intended. (RPC Art. 4)
 Felonies and Circumstances affecting
Criminal Liability

Factors affecting Criminal Liability

1. Mistake of Fact : misapprehension of fact on the part of
the person who caused the injury to
another.
2. Abberatio Ictus : mistake in blow
3. Error in Personae : mistake in identity of the victim
4. Praeter Intentionem : the injury is greater than it is
intended
5. Proximate Cause : cause, which, in the natural and
continuous sequence, unbroken by any
efficient intervening cause, produces
the injury, and without which the result
would not have occurred
 Felonies and Circumstances affecting
Criminal Liability

Criminal Liability
Criminal liability shall be incurred:
2. 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 an
account of the employment of inadequate or ineffectual
means. (RPC Art. 4)
 Felonies and Circumstances affecting
Criminal Liability

Impossible Crime
Elements
1. The act performed would be an offense
against person or property
2. The act was done with evil intent
3. Its accomplishment is inherently impossible,
or the means employed is either inadequate
or ineffectual
4. The act performed should not constitute a
violation of another provision of the RPC
 Felonies and Circumstances affecting
Criminal Liability

Conspiracy to commit a crime

: When there are two or more persons come to an
agreement concerning the commission of a crime and
decided to commit it
Elements
1. There are two or more persons who come
into an agreement
2. The agreement pertains to the commission
of a crime
3. The execution of the felony was decided
upon
 Felonies and Circumstances affecting
Criminal Liability

Proposal to commit a crime

: There is proposal when the person who has
decided to commit a crime proposes its execution to
some other person or persons
Elements
1. A person decided to commit a crime
2. The said person proposes the execution of
the crime to other person or persons
 Felonies and Circumstances affecting
Criminal Liability

Mere Conspiracy
1. RPC
Treason Coup d’ etat
Rebellion Sedition
Insurrection Monopolies and Combinations in
Restraint of Trade
2. Under Special Laws
Espionage Selected acts committed under RA 9165
Highway Arson
Robbery
Illegal Terrorism under Human Security Act of
Association 2007
 Felonies and Circumstances affecting
Criminal Liability

Proposal to commit crime

1. Treason
2. Rebellion
3. Insurrection
4. Coup d’ etat
 Felonies and Circumstances affecting
Criminal Liability

Justifying Circumstances : acts of a person which are said

to be in accordance with law, so that such person is
deemed no to have transgressed the law and is free from
both criminal and civil liability, except in certain cases
Exempting Circumstances : the accused is technically
committing a crime but because of the presence of any
of these circumstances, the said accused is not criminally
liable because there is complete absence of any of the
conditions which constitutes free will or voluntariness
 Felonies and Circumstances affecting
Criminal Liability

Justifying Circumstances Exempting Circumstance

Affects the act and not the actor Affects the actor and not the act
The act is considered lawful
Since the act is lawful, there is
no crime
No crime, criminal, criminal
liability, and civil liability
The act is wrongful, but the actor
is not liable
The act complained is wrong but
the actor acted without free will
or voluntariness, there is no dolo
or culpa
There is a crime and civil liability,
but no criminal and criminal
liability
 Felonies and Circumstances affecting
Criminal Liability
Justifying Circumstances
(Art. 11, RPC)
Self-defense
Defense of Relatives
Defense of Stranger
Avoidance of Greater Evil or
Injury
Fulfillment of Duty or Lawful
exercise of Right or Office
Obedience to an Order issued
for some Lawful Purpose
Exempting Circumstance
(Art. 12, RC)
Imbecility or Insanity
Minority
Accident without Fault or
Intention Causing it
Irresistible Force
Uncontrollable Fear
Insuperable Cause
 Felonies and Circumstances affecting
Criminal Liability

Mitigating Circumstances : those which, if present in the

commission of the crime, do not entirely free the actor
from criminal liability, but serve only to reduce the
penalty
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
Alternative Circumstances : those which must be taken
into consideration as aggravating or mitigating according
to the nature and effects of the crime and other
conditions attending its commission
Felonies and Circumstances affecting
Criminal Liability
Mitigating Circumstances
(Art. 13, RPC)
Incomplete Justifying Circumstances
Minority/Senility
Praeter Intentionem
Sufficient Provocation/Threat
Immediate Vindication of Grave Offense
Passion or Obfuscation
Voluntarily Surrender
Voluntarily Plea of Guilt
Deaf and Dumb, Blind or other Physical Defect
Illness
Analogous Circumstance
 Felonies and Circumstances affecting
Criminal Liability
Aggravating Circumstances
(Art. 14, RPC)
Taking Advantage of Public Position On occasion of calamity of misfortune
Committed in Contempt of/with Insult to Aid of armed men
Public Authorities
Crime committed in the dwelling of the Recidivist
offended party, or disregard of rank, age or
sex of the offended party
Abuse of Confidence and Obvious Reiteracion or Habituality
Ungratefulness
Crime committed in the palace of the Chief Crime committed by reason of Price,
Executive and Places of Commission of Reward or Promise
Offense
Nighttime, uninhabited place, or by a band By means of Inundation, Fire, etc.
 Felonies and Circumstances affecting
Criminal Liability
Aggravating Circumstances
(Art. 14, RPC)
Evident Premeditation Ignominy
Crime committed by means of Craft, Fraud Unlawful entry
or Disguise
Abuse of Superior Strength Crime committed by means of
breaking wall, roof, floor, door or
window
Means employed to weaken defense Aid of person under 15 years of age or
by means of motor vehicle
Treachery By means of motor vehicles, airship or
similar means
 Felonies and Circumstances affecting
Criminal Liability

Absolutory Cause : those where the act committed is a

crime but for reasons of public policy and sentiment
there is no penalty imposed
ENTRAPMENT
Ways and means are resorted to for
the capture of lawbreaker in the
execution of his criminal plan
The means originates from the mind
of the criminal
Not a bar to the prosecution and
conviction of the lawbreaker
INSTIGATION
Instigator induces the would-be
accused to commit the crime, hence
he becomes a co-principal
The law enforcer conceives the
commission of the crime and
suggests to the accused who adopts
the idea and carried it into execution
It will result in the acquittal of the
accused
 Persons Liable

For Grave and Less Grave Felonies

1. Principals
2. Accomplices
3. Accessories
For Light Felonies
1. Principals
2. Accomplices
 Persons Liable

PRINCIPAL
Kinds
1. By direct participation
Elements : (1) They participated in the criminal
resolution
(2) They carried out their plan and
personally took part in its
execution by acts which directly
tended to the same end
 Persons Liable

PRINCIPAL
Kinds
2. By inducements
Elements : (1) The inducement be made directly
with the intention of procuring the
commission of the crime
(2) Such inducement be the
determining cause of the
commission of the crime
 Persons Liable

PRINCIPAL
Kinds
3. By indispensable cooperation
Elements : (1) Participation in the criminal
resolution, that is, there is either
anterior conspiracy or unity of
criminal purpose and intention
immediately before the commission
of the crime charged
(2) Cooperation in the commission of
the offense by performing another
act, without which it would not
have been accomplished
 Persons Liable

ACCOMPLICES : Those who are not principals but cooperate in

the execution of the offense by previous or simultaneous acts
Elements :
1. There be a community of design
2. He cooperates in the execution of the offense by
previous or simultaneous acts, with the
intention of supplying material or moral aid in
the execution of the crime in an efficacious way
3. There be a relation between the acts done by
the principal and those attributed to the person
charged as an accomplice
 Persons Liable

ACCESORIES : Those who are

1. Have knowledge of the commission of the crime
2. Have not participated therein
3. Take part subsequent to its commission in any of the
following three manner:
a. by profiting or assisting the offender to profit
from the effects of the crime
b. by concealing or destroying the body of the
crime or effects or the instruments thereof to
prevent its discovery; or
 Persons Liable

ACCESORIES : Those who are

3. Take part subsequent to its commission in any of the
following three manner:
c. by harboring, concealing or assisting in the
escape of the principal:
i. in case of a public officer for any crime he
acted with abuse of public functions
ii. in case of private individuals when the
principal is guilty of treason, attempt on
the life of the Chief Executive, murder,
parricide, or is known to be habitually
guilty of some other crime
 Persons Liable
ACCOMPLICE
Participates before or during the
commission of the crime
Knows the criminal design of the
Principal
Provides material or moral aid in the
efficacious way but not in a manner
indispensable to the crime
Have no exemption from liability
Penalized one degree lower that the
Principal
Liable for light felonies
ACCESSORY
Participates after the commission of
the crime
Knows the commission of the crime
Acts only in the three ways specified
Exempted under Art. 20, RPC
Penalized two degrees lower
Not liable
 Penalties in General

PENALTY : the suffering that is inflicted by the State for the

transgression of a law
Classification of Penalty
1. Principal Penalties
a. Capital Punishment (Death)
b. Afflictive Penalties (reclusion perpetua, etc.)
c. Correctional Penalties (prision correccional, etc.)
d. Light penalties (arresto menor)
2. Accessory Penalties
a. Perpetual or temporary absolute disqualification
b. Perpetual or temporary special disqualification
 Penalties in General

PENALTY : the suffering that is inflicted by the State for the

transgression of a law
Classification of Penalty
2. Accessory Penalties
c. Suspension from public office, the right to vote
and be voted for, the profession or calling
d. Civil interdiction
e. Indemnification
f. Forfeiture or confiscation of instruments and
proceeds of the offense
g. Payment of costs
 Penalties in General

PENALTY : the suffering that is inflicted by the State for the

transgression of a law
Classification of Penalty
3. Fines
a. Afflictive Penalty : over Php 6,000.00
b. Correctional Penalty : Php 200.00 to Php 6,000.00
c. Light Penalty : less than Php 200.00
 Extinction of Criminal Liability

TOTAL EXTINCTION
1. Death
2. Service of Sentence
3. Amnesty
4. Absolute Pardon
5. Prescription of the Crime
6. Prescription of the Penalty
7. Marriage of the offended woman under Art. 344, RPC
PARTIAL EXTINCTION
1. Conditional Pardon
2. Commutation of Sentence
3. Allowance for Good Conduct
 Extinction of Criminal Liability

DISTINCTION PARDON AMNESTY

A blank pardon to classes
of persons or
Includes any crime and is
As to Scope communities who may
exercised by the President
be guilty of political
offenses
It may be exercised even
As to the Time of Exercised when the person
before trial or
Exercise is already convicted
investigation is had
As to the Effect to
the Civil Liability of It does not extinguish the civil liability of the offender
the Offender
 Extinction of Criminal Liability

DISTINCTION PARDON AMNESTY

It does not alter the fact
that the accused is a It makes an ex-convict no
As to the Effect to the
recidivist at is produces longer a recidivist,
Character of the
Offender as Recidivist
only the extinction of the because it obliterates the
personal effects of the last vestige of the crime
penalty
Being a Proclamation of
the Chief Executive with
Being a private act by the
the concurrence of
President, it must be
As to Procedure Congress; it is a public
pleaded and proved by the
act of which the courts
person pardoned
should take judicial
notice
 Extinction of Criminal Liability
DISTINCTION PARDON
It merely looks forward
and relieves the offender
from the consequences of
an offense of which he has
As to the Effect to the been convicted; it does not
Criminal Liability of the work for restoration of the
Offender rights to hold public office,
or the right of suffrage,
unless such rights are
expressly restored by
means of pardon
AMNESTY
It looks backward and
abolishes and puts into
oblivion the offense
itself; it so overlooks and
obliterates the offense
with which he is charged
that the person released
by amnesty stands
before the law precisely
as though he had
committed no offense
 Extinction of Criminal Liability

ABSOLUTE PARDON CONDITIONAL PARDON

The total extinction of the criminal
liability of the individual to whom it The exemption of an individual
is granted without any condition. within certain limits or conditions
from the punishments which the
It restores to the individual his civil law inflicts for the offense he had
and political rights and remits the committed resulting in the partial
penalty imposed for the particular extinction of his criminal liability.
offense of which he was convicted.
 Extinction of Criminal Liability

PRESCRIPTION OF THE
PRESCRIPTION OF THE CRIME
PENALTY
The forfeiture or loss of the
The forfeiture of the right of
right of the government to
the state to prosecute
execute the final sentence
It is the penalty prescribed by
It is the penalty imposed
law that should be
that should be considered
considered
Thank you!