CRIMINAL LAW 1

ATTY. MAGNO M. DELOS SANTOS

C.E, MS Crim, DPA
 Lesson Goal
This lesson aims to provide the
students the basic knowledge on the
Revised Penal Code which is important
tool in investigation. Considered as the
bible of every investigator, it is necessary
that the participants must familiarize
themselves on the common crime
prescribed in the RPC.
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Lesson objectives
Identify the General Principles and
Characteristics of Philippine Criminal
Law;
Explain how criminal liability is incurred;
Explain the circumstances affecting
criminal liability;
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Lesson Objectives

 Identify the persons with criminal liability;

Distinguish Complex Crimes and other
Forms of Multiple Crimes;
Enumerate and Classify the Penalties which
can imposed;
Enumerate the Duration of Penalties;
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Lesson Objectives
 Explain how criminal liability can be
extinguished; and
 Discuss the prescription of crimes.
 2.1 Criminal Law 1

Definition of terms
Criminal Law- A branch of law which defines
crimes treats of their nature, and provides for their
punishment.
Crime- is an act or omission punishable by law.
Felony-act or omission punishable by the Revised Penal
Code.

Offense-act or omission punishable by Special Penal

Laws.
Misdemeanor /Infraction-act or omission punishable by
ordinance.
 2.1 Criminal Law 1

Characteristics of Criminal
Law

Generality- law is applicable to all persons who live all sojourn within the Phil. Territory:
Exceptions: 1. sovereign or heads of states, ambassadors, ministers plenipotentiary, ministers-
resident, charges d’ affairs and attache’s, public international law and by treaty stipulations
Territoriality- law is applicable to crimes committed within the Phil. Territory:
Exceptions:
Art. 2 a. who should commit an offense while on phil. ship or airship; ( High Sea, International
air space, Merchant Vessel, Warship, English Rule, French Rule)
b.who should forged or counterfeit any coin or currency note or any obligation or security
of
the phil. government;
c.who should be liable for acts connected with the introduction into the country of the
obligations and securities aforestated;
d.who while being public officers or employees, should commit an offense in the
exercise of their functions;
e. who should commit any of the crimes against national security and the law of nations
Prospectivity- law is applicable only after its effectivity. Not retroactive:
Exceptions 1. if it is favorable to the accused
 2.1 Criminal Law 1

CLASSIFICATION OF FELONIES

Mala In Se- they are wrong from their nature.

Ex: Murder, Rape, Robbery etc.

Mala Prohibita- they are wrong because there is a

law that prohibits or compels it.

Ex: Illegal Possession Of Firearm

 2.1 Criminal Law 1

Classification of Felonies
According to manner or mode of execution:
1. By Dolo ( deceit) -Intentional Felonies:
With deliberate intent.
Ex: Murder, Homicide, Attempted Murder,
Frustrated Homicide etc
2. By Culpa (fault) –unintentional but with
negligence or imprudence.
Ex: Reckless Imprudence Resulting in
Homicide; RIR in Parricide, RIR in Damage to
Property.
 CASES
• 1. AA without intent to kill , punches BB. The latter fell
and his head hit a hard pavement that resulted to his
death.
• Is AA liable for the death? If yes, how was the felony
committed, by DOLO or CULPA?
• If by CULPA, what will be the charge against AA?
• If by DOLO what will be the charge against AA?

• 2. XX was cleaning his gun in front of her buddy YY.

Accidentally, he drops the gun and a bullet coming from
the said gun hit YY .The latter died as a result.
• Is XX liable for the death? If yes, how was the felony
committed , By DOLO or CULPA?
• If by CULPA, what will be the charge against XX?
• If by DOLO what will be the charge against XX?
 ELEMENTS OF CULPA

• 1. The offender has freedom to act

2. Intelligence
3. There was fault or negligence
on the part of the offender
DOLO
1. Freedom
2. Intelligence
3. Criminal Intent

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 2.1 Criminal Law 1

Classification of Felonies

According to Gravity of Felony:

1. Grave Felonies- Prision Mayor to

Death Penalties
2. Less Grave Felonies- Arresto Mayor
to Prision Correccional Penalties
3. Light Felonies- Arresto Menor
Penalties
 2.1 Criminal Law 1

Determining Criminal Liability

Art. 4 Criminal liability shall be incurred by
the following persons:
1.By any person committing a felony although
the wrongful act done be different from that
which he intended.
a. Aberratiu Ictus- Mistake in the blow.
b. Error in Personae-Mistake in the identity
of the victim.
c. Praeter Intentionem-the result is greater
than the intention
2. By any person committing an
Impossible crime.
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Determining Criminal Liability

IMPOSSIBLE CRIME
Requisites:
1. Act would have been an offense against
persons or property;
2. There is criminal intent;
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Determining Criminal Liability

Impossible Crime
Requisites:
3. Accomplishment is inherently impossible
or inadequate or ineffectual means are
employed;
4.Act is not actual violation of another
provision of the code or of special law
Case: US vs Ah Chong G.R. No. L5272 March 19, 1910.
 CASES
• 1. XXX with intent to gain, took the cell phone of
YYY without the consent and knowledge of the
latter. It turned out that it was the cell phone he
lost one week ago.
• Is XXX liable for what crime if any?

• 2. AAA Thought that her boyfriend BBB who

betrayed her was asleep inside the house of the
latter . AAA poured gasoline and burned the house .
Fortunately, BBB just left the house an hour ago.
• Is AAA liable for what crime?
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability
Justifying Circumstances:

1. Self-Defense:
a. Unlawful Aggression;
b. Reasonable necessity of the
means employed to prevent or repel it;
and
c. Lack of sufficient provocation on
the art of the person defending
himself.
 CONSPIRACY
• When two or more persons come to an
agreement concerning the commission of a
felony and decide to commit it.
• “ THE ACT OF ONE IS THE ACT OF ALL”
• “ ALL THE CONSPIRATORS ARE PRINCIPAL

1. Sec 5 in relation to sec 26 of RA 9165.

2. Murder and Rape by Conspiracy
 CASES
• 1. X, Y AND Z conspired and took turn in raping ANNA by means of
force and threat.

• How many crimes were committed?

• XYZ, YXZ, ZXY
• cases of Rape

• 2. X raped ANNA by means of force while Y and Z posted as look-outs.

Who are liable for Rape?
How many crimes were committed?
One case of Rape
 Circumstances Affecting
Criminal Liability
Justifying Circumstances:

2. Defense of Relative:
a. unlawful aggression;
b. Reasonable necessity to prevent or
repel the attack; and
c. the one making a defense had no
part therein.
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability
Relatives entitled to the defense:
a. Spouse;
b Ascendants;
c. Descendants;
d. Legitimate, natural/adopted brothers or
sisters;
e. Relatives by affinity in the same degree;
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability
Relatives entitled to the defense:

f. relatives by consanguinity within the 4th

civil degree; and
g. The person defending is not induced by
revenge, resentment or other evil motive.
 Circumstances Affecting
Criminal Liability
Justifying Circumstances:

3. Defense of Stranger:
a. unlawful aggression; and
b. Reasonable necessity of the means
employed to prevent or repel the attack.
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Circumstances Affecting
Criminal Liability
Justifying Circumstances:
4. State of Necessity:
a. Evil sought to be avoided actually exists;
b. Injury feared be greater than that done to
avoid it; and
c. No other practical and less harmful
means of preventing it.
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability
Justifying Circumstances:
5. Fulfilment of Duty or Lawful Exercise of a
Right or Office:
a. Acted in the performance of a duty, or in
the lawful exercise of a right or office;
b. Offense committed is the necessary
consequence due performance of the
duty.
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability

Justifying Circumstances:
6. Obedience to a Superior:
a. there is an legal order;
b. the order is for a legal purpose; and
c. the means used to carry out said order
is lawful.
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability
Exempting Circumstances:
1. Imbecile or Insane person unless he
acted during lucid interval;
2. Person below 15 YO (RA 9344);
3. Person above 15 but below 18 who
has acted without discernment (RA 9344);
4. Accident;
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Circumstances Affecting
Criminal Liability

Exempting Circumstances:
5. Irresistable Force;
6. Uncontrollable Fear; and
7. Insuperable Cause; and
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Circumstances Affecting
Criminal Liability

Mitigating Circumstances:
a. Ordinary Mitigating; and
b. Privileged Mitigating.
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Circumstances Affecting
Criminal Liability

Ordinary Mitigating Circumstances:

1. Incomplete Justifying or Exempting
circumstances;
2. Person over 15 but under 18 who
acted with discernment;
3. The offender is over 70 years of age;
4. No intention to commit so grave;
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability

Ordinary Mitigating Circumstances:

5. Sufficient provocation or threat
6. Immediate vindication of a grave
offense;
7. Passion or Obfuscation;
8. Voluntarily Surrender and Confession
of Guilt;
 Circumstances Affecting
Criminal Liability

Ordinary Mitigating Circumstances:

9. Physical Defect of the Offender;
10. Illness of the Offender; and
11. Similar Circumstances.
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Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
1. That advantage be taken by the
offender of his public position;
2. That the crime be committed in
contempt of or with insult to the
public authorities;
3. That the act be committed with insult or
in disregard of the respect (rank,
age, sex, etc);
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
4. Committed with abuse of confidence or
obvious ungratefulness;
5. Committed in the palace of the Chief
Executive, or in his presence or when public
authorities are engaged in the discharge of
their duties, or in a place of religious worship.
 Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
6. Committed nighttime, uninhabited place or by
a band;
7. Committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other
calamity or misfortune;
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability

Aggravating Circumstances:
8. Committed with the aid of armed men or
persons who insure or afford impunity;
9. That the accused is a recidivist;
10. Offender has been previously punished for
an offense to which the law attaches an
equal or greater penalty;
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
11. Committed in consideration of a price,
reward or promise;
12. Committed by means of inundation, fire,
poison, explosion, stranding a vessel or
intentional damage, or derailment of a
locomotive, or by use of any other artifice
involving great waste or ruin.
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
13. Committed with evident premeditation;
14. That craft, fraud, or disguise be employed;
15.That advantage be taken of superior
strength, or means be employed to weaken
the defense;
16. Committed with treachery;
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
17. The means be employed add ignominy to
the natural effects of the acts;
18. Committed after an unlawful entry;
19. The commission of the crime, a wall, roof,
door or window be broken;
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
20. Committed with the aid of persons under 15
YO, or by means of motor vehicles, airships
or other similar means; and
21. The crime be deliberately augmented by
causing other wrong not necessary for its
commission.
 2.1 Criminal Law 1

Circumstances Affecting
Criminal Liability

Alternative Circumstances - 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:
1. Relationship;
2. Intoxication; and
3. Degree of instruction and education.
 2.1 Criminal Law 1

Degree of participation
A. Principal;
1. Principal by Direct Participation-those who directly
participated in the commission of the crime. It includes a look-
out
2. Principal by Inducement-those who induces another to
commit a crime :
a. by means of force, threat, violence or intimidation
b. by giving rewards, promises or considerations.
3. Principal by Indispensable Cooperation-Whose
participation without which, the crime can not be committed.
B. Accomplices- their participation is before or simultaneous
with the commission of crime:
a. Degree of participation is lesser than the principal.
b. His participation must not be indispensable otherwise he is
considered a principal
C. Accessories- participation is after the crime.
STAGES OF EXECUTION OF FELONIES

Formal Crimes- Consummated only

Ex; Adultery, Physical Injury

Material Crimes- Attempted, Frustrated and Consummated.

Robbery, Rape -Attempted and Consummated

Murder- Attempted, Frustrated and Consummated

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Art. 48 COMPLEX CRIMES

• When a single act constitutes two or more

grave or less grave felonies, or when an
offense is a necessary means for committing
the other, the penalty for the most serious
crime shall be imposed , the same to be
applied in the maximum period
 2.1 Criminal Law 1

Complex Crimes & other forms

1. Compound Crime- when a single act constitutes two or more
grave or less grave felonies.
Ex 1. Murder with Homicide: One Information
2. RIR in Homicide with Less Serious Physical Injuries : One
Information
Reodica vs CA G.R. No.125066 July 8, 1998
RIR in Homicide
And
RIR in Slight Physical Injuries

Separate Crimes:
1.Murder and Homicide: Two Informations
2. Complex Crime Proper- when an offense is a necessary means for
committing another.
Ex Malversation Through Falsification: One Information

Special Complex Crime.

Ex: Robbery with Homicide: One Information
Robbery with Rape, Forcible Abduction with Rape, etc
 2.1 Criminal Law 1

Complex Crimes & other forms

No Complex Crime in the Following Cases

1. One offense is committed to conceal the
other;
2. The other crime is inherent or an element of
the other offense;
3. One of the offenses is penalized by a
Special Law; and
4. In case of a continuing crime.
 2.1 Criminal Law 1

Complex Crimes & other forms

Continuous Crime- is a single crime

consisting of series of acts committed at the
same place and at about the same time.
Ex: Robbery in a bus or Jeepney.
Theft inside a compound consists of several
houses
Continuing- Crime where any of its essential
ingredients are present in a particular place.
There is only one crime.
2.1 Criminal Law 1

Classification of penalties

A. Scale:
1. Principal Penalties;
2. Capital Punishments; and
3. Death
 2.1 Criminal Law 1

Classification of penalties

B. Afflictive Penalties:
1. Reclusion Perpetua;
2. Reclusion Temporal;
3. Perpetual/Temporary Absolute
Disqualification;
4. Perpetual or Temporary Special
Disqualification; and
5. Prision mayor.
2.1 Criminal Law 1

Classification of penalties

C. Correctional Penalties:
1. Prision Correctional;
2. Arresto mayor; and
3. Suspension; and
4. Distierro
D. Light Penalties:
1. Arresto Menor; and
2. Public Censure
 2.1 Criminal Law 1

Extinction of criminal liability

A. Total Extinction of Criminal Liability:

1. by the death of the convict;
2. by service of the sentence;
3. by amnesty;
4. by absolute pardon;
5. by prescription of the crime;
6. by prescription of the penalty; and
7. by the marriage of the offended woman.
• Death of the accused/convict
a. If accused died before judgment, no criminal and civil liability.
b. If accused died after judgement, no criminal but there is civil
liability.
Service of Sentence- the whole sentence must be served to be
considered total extinction of liability.
Amnesty vs Absolute Pardon
Amnesty given before or after conviction
Pardon given only after conviction
Prescription of Crime- forfeiture of the right of the state to
prosecute a crime after a lapse of period of time.
Prescription of penalty-forfeiture of the right of the state to
execute the penalty after a lapse of period of time.
 2.1 Criminal Law 1

Extinction of criminal liability

B. Partial Extinction of Criminal Liability

1. by conditional pardon;
2. by commutation of sentence;
and
3. for good conduct allowance.
• "ART. 97. Allowance for good conduct. – The good conduct
of any offender qualified for credit for preventive imprisonment
pursuant to Article 29 of this Code, or of any convicted
prisoner in any penal institution, rehabilitation or detention
center or any other local jail shall entitle him to the following
deductions from the period of his sentence:
• "1. During the first two years of imprisonment, he shall be
allowed a deduction of twenty days for each month of good
behavior during detention;
• "2. During the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a reduction of twenty-three
days for each month of good behavior during detention ;
`
3. During the following years until the tenth year,
inclusive, of his imprisonment, he shall be allowed a
deduction of twenty-five days for each month of good
behavior during detention;
4. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of thirty
days for each month of good behavior during detention;
and

5. At any time during the period of imprisonment, he

shall be allowed another deduction of fifteen days, in
addition to numbers one to four hereof, for each month
of study, teaching or mentoring service time rendered.

"An appeal by the accused shall not deprive him of

entitlement to the above allowances for good conduct."
 2.1 Criminal Law 1

Prescription of Crimes

1. Death and Reclusion Perpetua- 20 years;

2. Afflictive Penalties- 15 years;
3. Correctional penalties- 10 years, exception:

penalty of arresto mayor- 5 years; and

4. Light Penalties- 1 year.
 2.1 Criminal Law 1

summary
At the end of the lecture, the participants
should be able to:
General Principles of the Philippine
Criminal Law
Felony
Circumstances Affecting Criminal Liability
Persons Criminally Liable
Complex Crimes
Classification of Penalties
Extinction of Criminal Liability
2.1 Criminal Law 1

END OF PRESENTATION