CRIMINAL LAW A branch of municipal law which defines crimes treats of their nature

and provides for their punishment. Characteristics of Criminal Law: 1. General binding on all persons who reside or sojourn in the Philippines Exceptions: a. Treaty Stipulation b. Laws of Preferential Application c. Principles of Public International Law Ex:i. sovereigns and other chiefs of state ii. Ambassadors, ministers plenipotentiary, minister resident and charges daffaires (BUT consuls, vice-consuls and other foreign commercial representatives CANNOT claim the privileges and immunities accorded to ambassadors and ministers.) 2. Territorial penal laws of the Philippines are enforceable only within its territory Exceptions: (Art. 2 of RPC binding even on crimes committed outside the Philippines) a. offense committed while on a Philippine ship or airship b. forging or counterfeiting any coin or currency note of the Philippines or obligations and the securities issued by the Government c. introduction into the country of the above-mentioned obligations and securities d. while being public officers and employees, an offense committed in the exercise of their functions e. crimes against national security and the law of the nations defined in TitleOne of Book Two

3. Prospective the law does not have any retroactive effect. Exception: when the law is favorable to the accused Exceptions to the Exception: a. The new law is expressly made in applicable to pending actions or existing causes of action b. Offender is a habitual criminal Theories of Criminal Law: 1. Classical Theory basis is mans free will to choose between good and evil, that is why more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is generally governed by this theory 2. Positivist Theory basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency. 3. Mixed Theory combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate. Construction of Penal Laws: 1. Liberally construed in favor of offender Ex: a. the offender must clearly fall within the terms of the law b. an act is criminal only when made so by the statute 2. In cases of conflict with official translation, original Spanish text is controlling,

3. No interpretation by analogy. LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS: 1. Ex post facto law 2. Bill of attainder 3. Law that violates the equal protection clause of the constitution 4. Law which imposes neither cruel and unusual punishments nor excessive fines. GENERAL PROVISIONS:

ART.1: TIME WHEN ACT TAKES EFFECT

RPC took effect February 1, 1932.

ART.2: APPLICATION OF ITS PROVISIONS

RULES: 1. Philippine vessel or airship Philippine law shall apply to offenses committed in vessels registered with the Philippine Bureau of Customs. It is the registration, not the citizenship of the owner which matters. 2. Foreign vessel a. French Rule General Rule: Crimes committed aboard foreign vessel within the territorial waters of a country are NOT triable in the courts of such country. Exception: Commission affects the peace and security of the territory, or the safety of the state is endangered. b. English Rule General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country. Exception: When the crime merely affects things within the vessel or it refers to the internal management thereof. *This is applicable in the Philippines.

Title One:

FELONIES AND CIRCUMSTANCESWHICH AFFECT CRIMINAL LIABILITY

Chapter One: FELONIES

Felonies acts and omissions punishable by the Revised Penal Code Crime acts and omissions punishable by any law Act an overt or external act Omission failure to perform a duty required by law ELEMENTS: 1. There must be an act or omission 2. This must be punishable by the RPC 3. Act or omission was done by means of dolo or culpa

NULLUM CRIMEN, NULLA POENA SINE LEGE There is no crime when there is no law punishing it. Classification Of Felonies According To The Means By Which They Are Committed: 1. Intentional Felonies- by means of deceit(dolo) Requisites: a. freedom b. intelligence c. intent. MISTAKE OF FACT misapprehension of fact on the part of the person who causedinjury to another. He is not criminally liable. Requisites: a. the act done would have been lawfulhad the facts been as the accusedbelieved them to bebintention is lawful b.mistake must be without fault or carelessness by the accused 2. Culpable Felonies- by means of fault (culpa) Requisites: a. freedom b. intelligence c. negligence (lack of foresight) andimprudence (lack of skill) MALA IN SE v. MALA PROHIBITA Ms a ae l liM n Mala in se Considered Valid defense, unless the crime is the result of culpa Mala Prohibita Not considered Not a defense; intent not necessary sufficient that the offender has the intent to perpetrate the act prohibited by the special law. Taken into account only when consummated GENERALLY not taken into account GENERALLY not taken into account GENERAL RULE : Special Penal Laws

Moral trait of offender Good faith as a defense

Degree of accomplishment of the crime Mitigating and aggravating circumstance Degree of participation

Taken into account Taken into account in imposing penalty When there is more than one offender, it is taken into consideration GENERAL RULE : RPC

Laws violated

INTENT v. MOTIVE
Intent Purpose to use a particular means to effect a result Element of the crime except in crimes committed with culpa Essential in intentional felonies Motive Moving power which impels one to act Not an element Essential only when the identity of the felon is in doubt

ART. 4: CRIMINAL LIABILITY Par.1 Criminal liability for a felony committed different from that intended to be committed
Requisites: 1. felony has been committed intentionally 2. injury or damage done to the other party is the direct, natural and logical consequence of the felony Hence, since he is still motivated by criminal intent, the offender is criminally liable in: 1. Error in personae mistake in identity 2. Abberatio ictus mistake in blow 3. Praetor intentionem lack of intent to commit so grave a wrong PROXIMATE CAUSE the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred Par. 2 Impossible Crime Requisites: 1. Act would have been an offense against persons or property. 2. There was criminal intent. 3. Accomplishment is inherently impossible; or inadequate or ineffectual means are employed. 4. Act is not an actual violation of another provision of the Code or of special law. Impossible crime occurs when there is: 1. inherent impossibility to commit the crime 2. inadequate means to consummate the crime 3. ineffectual means to consummate the crime

Art. 5: Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties

Note: Paragraph 2 does not apply to crimes punishable by special law, including profiteering, and illegal possession of firearms or drugs. There can be no executive clemency for these crimes.

Art. 6: CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES

STAGES OF EXECUTION: 1. CONSUMMATED when all the elements necessary for its execution and accomplishment are present 2. FRUSTRATED Elements: a. offender performs all acts of execution b. all these acts would produce the felony as a consequence c. BUT the felony is NOT produced d. by reason of causes independent of the will of the perpetrator. 3. ATTEMPTED Elements: a. offender commences the felony directly by overt acts b. does not perform all acts which would produce the felony c. his acts are not stopped by his own spontaneous desistance Attempted Overt acts of execution are started Not all acts of execution are present Due to reasons other than the spontaneous desistance of the perpetrator Frustrated All acts of execution are present Crime sought to be committed is not achieved Due to intervening causes independent of the will of the perpetrator Consumated All the acts of execution are present The result sought is achieved

Crimes, which do not admit of Frustrated and Attempted Stages: 1. Offenses punishable by Special Penal Laws, unless the law provides otherwise 2. Formal crimes consummated in one instance (Ex: slander, adultery, etc.) 3. Impossible Crimes 4. Crimes consummated by mere attempt (Ex: attempt to flee to an enemy country, treason, corruption of minors) 5. Felonies by omission 6. Crimes committed by mere agreement (Ex: betting in sports: ending,corruption of public officers)

Crimes which DO NOT admit of Frustrated Stage: 1. Rape 2. Bribery

3. Corruption of Public Officers 4. Adultery 5. Physical Injury 2 stages in the development of a crime: 1. Internal acts - e.g. mere ideas of the mind- not punishable 2. External acts a. Preparatory acts - ordinarily not punishable except when considered by law as independent crimes (e.g. Art. 304, Possession of picklocks and similar tools) b. Acts of Execution - punishable under the RPC

ART.7: WHEN LIGHT FELONIES ARE PUNISHABLE

General Rule: Punishable only when they have been consummated Exception: Even if not consummated, if committed against persons or property Ex: slight physical injuries, theft, alteration of boundary marks, malicious mischief, and intriguing against honor. Note: Only principals and accomplices are liable; accessories are NOT liable even if committed against persons or property.

ART. 8: CONSPIRACY AND PROPOSAL TO COMMIT FELONY

CONSPIRACY Requisites: 1. Two or more persons come to an agreement 2. For the commission of a felony 3. And they decide to commit it Concepts of Conspiracy: 1. As a crime in itself Ex: conspiracy to commit rebellion, insurrection, treason, sedition, coup d etat 2. Merely as a means to commit a crime Requisites: a. a prior and express agreement b. participants acted in concert or simultaneously, which is indicative of a meeting of the minds towards a common criminal objective Note: Conspiracy to commit a felony is different from conspiracy as a manner of incurring criminal liability. General Rule: Conspiracy to commit a felony is not punishable since it is merely a preparatory act.

Exception: when the law specifically provides for a penalty Ex: rebellion, insurrection, sedition, coup detat General Rule: The act of one is the act of all. Exception: Unless one or some of the conspirators committed some other crime which is not part of the intended crime. Exception to the exception: When the act constitutes an indivisible offense. OVERT ACTS IN CONSPIRACY MUST CONSIST OF: 1. Active participation in the actual commission of the crime itself, or 2. Moral assistance to his co-conspirators by being present at the time of the commission of the crime, or 3. Exerting a moral ascendance over the other co-conspirators by moving them to execute or implement the criminal plan People v. Abut, et al. (GR No. 137601, April 24,2003)

PROPOSAL TO COMMIT A FELONY Requisites: 1. A person has decided to commit a felony 2. And proposes its execution to some other person or persons Conspiracy Agreement to commit AND commission Conspiracy to commit sedition, treason, rebellion, coup d etat Proposal Person decides to commit a crime AND proposes the same another Proposal to commit treason, rebellion, coup d etat *no proposal to commit sedition

Elements

Crimes

ART. 9: GRAVE FELONIES, LESS GRAVEFELONIES AND LIGHT FELONIES

Importance of Classification 1. To determine whether the felonies can be complexed or not. 2. To determine the prescription of the crime and of the penalty. Penalties (imprisonment): 1. Grave felonies afflictive penalties: 6 yrs. and 1 day to reclusion perpetua (life) 2. Less grave felonies correctional penalties: 1 month and 1 day to 6 years 3. Light felonies - arresto menor (1 day to 30days)

ART. 10: OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE

General Rule: RPC provisions are supplementary to special laws. Exceptions: 1. when special law provides otherwise 2. when provision of RPC are impossible of application, either by express provisionor by necessary implication

Term

Special Laws Improsonment

Attempted or Frustrated Stages Plea of guilty as mitigating circumstance Minimum, medium and maximum periods Penalty for accessory or accomplice

General Rule: Not punishable Exception : Unless otherwise stated No Not applicable General Rule : None Exception : Unless otherwise stated

RPC Prison correctional,prisonmayor,arresto mayor, etc. Punishable Yes Yes Yes

Provisions of RPC applicable to special laws: Art. 16 Participation of Accomplices Art. 22 Retroactivity of Penal laws if favorable to the accused Art. 45 Confiscation of instruments used in the crime Note: When the special law adopts the penalties imposed in the RPC i.e. penalties as reclusion perpetua, prision correccional, etc. the provisions of the RPC on imposition of penalties based on stages of execution, degree of participation and attendance of mitigating and aggravating circumstance may be applied by necessary implication.

CHAPTER TWO

JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES, WHICH EXEMPT FROM CRIMINAL LIABILITY ART. 11. JUSTIFYING CIRCUMSTANCES
Justifying Circumstances where the act of a person is in accordance with law such that said person is in accordance with law such that said person is deemed not to have violated the law. General Rule: No criminal and civil liability incurred. Exception: There is civil liability with respect to par. 4 where the liability is borne by benefited by the act. Par. 1 Self - defense Elements: 1. Unlawful Aggression indispensable requirement There must be actual physical assault or aggression or an immediate and imminent threat, which must be offensive and positively strong. The defense must have been made during the existence of aggression, otherwise, it is no longer justifying. While generally an agreement to fight does not constitute unlawful aggression, violation of the terms of the agreement to fight is considered an exception. 2. Reasonable necessity of the means employed to prevent or repel it Test of reasonableness depends on: (1) weapon used by aggressor (2) physical condition, character, sizeand other circumstances of aggressor (3) physical condition, character, sizeand circumstances of persondefending himself (4) place and occasion of assault Lack of sufficient provocation on the partof the person defending himself

persons

3.

NOTE: Perfect equality between the weapons used, nor material commensurability between the means of attack and defense by the one defending himself and that of the aggressor is not required REASON : the person assaulted does not have sufficient opportunity or time to think and calculate. Rights included in self-defense: 1. defense of person 2. defense of rights protected by law 3. defense of property (only if there is also an actual and imminent danger on the person of the one defending)

4. defense of chastity Kinds of Self-Defense: 1. self-defense of chastity there must be an attempt to rape the victim 2. defense of property must be coupled with an attack on the person of the owner, or on one entrusted with the care of such property. 3. self-defense in libel justified when the libel is aimed at a persons good name. Stand ground when in the right - the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon. NOTE: Under Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004),victimsurvivors who are found by the Courts to be suffering from Battered Woman Syndrome (BWS) do not incur any criminal or civil liability despite absence of the necessary elements for the justifying circumstance of self-defense in the RPC. BWS is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Par. 2 Defense of Relative Elements: 1. unlawful aggression (indispensable requirement) 2. reasonable necessity of the means employed to prevent or repel it 3. In case the provocation was given by the person attacked, the one making the defense had no part in such provocation. Relative entitled to the defense: 1. Spouse 2. Ascendants 3. descendants 4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees 5. Relatives by consanguinity within the 4th civil degree

NOTE: The relative defended may be the original aggressor. All that is required to justify the act of the relative defending is that he takes no part in such provocation.

Par. 3 Defense of Stranger Elements: 1. Unlawful aggression ( indispensable requirement) 2. Reasonable necessity of the means employed to prevent or repel it 3. Person defending be not induced by revenge, resentment or other evil motive. Par.4 State of Necessity (avoidance of Greater Evil or Injury) Elements: 1. Evil sought to be avoided actually exists 2. Injury feared be greater than that done to avoid it

3. No other practical and less harmful means of preventing it. NOTE: The necessity must be due to the negligence or violation of any law by the actor. Par. 5 Fulfillment of Duty or Lawful Exercise of a Right or Office Elements: 1. Accused acted in the performance of duty or in the lawful exercise of aright or office 2. The injury caused or offense committed be the necessary consequence of the due performance of the duty, or the lawful exercise of such right or office. NOTE: The accused must prove that he was duly appointed to the position claimed he was discharging at the time of the commission of the offense. It must also be shown that the offense committed was the necessary consequence of such fulfillment of duty, or lawful exercise of a right or office.

Par. 6 Obedience to a Superior Order Elements: 1. An order has been issued 2. Order has a lawful purpose (not patently illegal) 3. Means used by subordinate to carry out said order is lawful NOTE: The superior officer giving the order cannot invoke this justifying circumstance. Good faith is material as the subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is not negligent. General Rule: Subordinate cannot invoke this circumstance when order is patently illegal. Exception: When there is compulsion of an irresistible force, or under impulse of uncontrollable fear.