UPDATES IN CRIMINAL LAW

Distinction between crimes punished under the Revised Penal Code and crimes punished
under special laws

1. As to moral trait of the offender

2. As to use of good faith as defense

3. As to degree of accomplishment of the crime

4. As to mitigating and aggravating circumstances

5. As to degree of participation

Test to determine if violation of special law is malum prohibitum or malum in se

1. Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as

such? If you remove the law, will the act still be wrong?
2. If the wording of the law punishing the crime uses the word willfully, then malice
must be proven. Where malice is a factor, good faith is a defense.
3. In violation of special law, the act constituting the crime is a prohibited act. Therefore
culpa is not a basis of liability, unless the special law punishes an omission.

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

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

What requisites must concur before a felony may be committed?

There must be
(1) an act or omission; (2) punishable by the Revised Penal Code; and (3) the act is
performed or the omission incurred
(2) by means of dolo or culpa.
How felonies are committed:
1. by means of deceit (dolo) There is deceit when the act is performed with deliberate
intent.
Requisites:
1. freedom
2. intelligence
3. intent

Criminal intent is not necessary in these cases:

(1) When the crime is the product of culpa or negligence, reckless imprudence, lack of
foresight or lack of skill;
(2) When the crime is a prohibited act under a special law or what is called malum
prohibitum.

Aggravating Circumstances: are 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.
Basis: greater perversity of the offender as shown by
1. Motivating power itself
 2. Place of the commission
3. Means and ways employed
4. Time
5. Personal circumstances of the offended, or of the offended party

4 kinds of A.C.
1. Generic - generally apply to all crimes.
Example - dwelling, nighttime, recidivism Nos. 1,2,3,4,5,6,9,10,14,18,19 and 20 (except means of
motor vehicles)
2. Specific - particular crimes
Example - ignominy in crimes against chastity; cruelty; treachery in crimes against persons
3. Qualifying - change the nature of the crime
Example - Alevosia, evident premeditation qualifies the killing of a person to murder.
Art 248 enumerates the qualifying A.C. which qualify the killing of person to murder.
4. Inherent - must of necessity accompany the commission of the crime (Art. 62, par. 2)
Example - evident premeditation is inherent in robbery, theft, estafa, adultery, concubinage

Article 14. Aggravating circumstances. - The following are aggravating circumstance:

1. That advantage be taken by the offender of his public position.

1. When the offender is a public officer.
2. The public officer must use the influence, prestige or ascendancy which
his office gives him as the means by which he realizes his purpose.
2. That the crime be committed in contempt of or with insult to the public authorities.
"Public authority."
Councilor, mayor, governor, brgy captain, brgy chairman, municipal mayor, Municipal health
officer, municipal nurse, BIR agent, Chief of police - vested with jurisdiction or authority to
maintain peace and order and Teacher (CA No 578, amending Art 152 of the RPC)

3. That the act be committed (1) with insult or in disregard of the respect due the
offended party on account of his (a) rank, (b) age, or sex, or (2) that it be
committed in the dwelling of the offended party, if the latter has not given
provocation.

4. That the act be committed with (1) abuse of confidence or (2) obvious
ungratefulness.

5. That the crime be committed in the palace of the Chief Executive, or in his presence,
or where public authorities are engaged in the discharge of their duties or in a place
dedicated to religious worship.

6. That the crime be committed (1) in the nighttime or (2) in an uninhabited place, or (3)
by a band, whenever such circumstances may facilitate the commission of the
offense.( Whenever there are more than three armed malefactors shall have acted
together in the commission of an offense, it shall be deemed to have been committed by a
band.)
7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic, or other calamity or misfortune.
1. Crime was committed when there was a calamity or misfortune.
2. Offender took advantage of the state of confusion or chaotic
condition from such misfortune

8. That the crime be committed with the aid of (1) armed men or (2)persons who insure
or afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been convicted by
final judgment of another crime embraced in the same title of this Code.
 10.Reiterattion or Habitual Delinguent- That the offender has been previously punished
for an offense to which the law attaches an equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or intentional damage thereto, derailment of a locomotive, or
by the use of any other artifice involving great waste and ruin.

13. That the act be committed with evident premeditation (conscious planning)

14. That craft, fraud or disguise be employed. (Deceit)

Craft (astucia) - involves intellectual trickery and cunning on the part of the
accused.
Fraud (fraude) - insidious words or machinations used to induce the victim to act
in a manner which would enable the offender to carry out his design.
Disguise (disfraz) - resorting to any device to conceal identity.

15. That (1) advantage be taken of superior strength, or (2) means employed to
weaken the defense.

16. That the act be committed with treachery.( Alevosia- Crime against person)
1. That at the time of the attack, the victim was not in a position to
defend himself;
2. That the offender consciously adopted the particular means, method
or form of attack employed by him.
2. Aberratio ictus and the bullet hit a person different from that intended.
3. Error in personae, hence the victim was not the one intended by the
accused.

17. That means to be employed or circumstances brought about which add

ignominy to the natural effects of the act.

Ignominy. Circumstance pertaining to the moral order, which adds disgrace and
obloquy to the material injury caused by the crime.

18. That the crime committed after an unlawful entry.

19. That as a means to the commission of a crime a wall, roof, floor, door, or
window be broken.

20. That the crime be committed with the aid of persons under 15 years of age, or
by means of motor vehicle, airships, or other similar means.

21. That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for its commission.

Persons Crucially Liable:

1. Principal- direct participation
2. Accomplice one who cooperated for the commission of crime
3. Accessory inharboring or destroying the evidence, obstruction of justice.

Criminal Procedure Bodies

 1. Judicial Regular/Special Courts
2. Quasi
3. Administrative

Certificate to file action

-all crimes is less than 1 year must be in Brgy. (Punishable by less than 1 year must
undergo)
-resident in same bgy
-has no take cognizant complaint in the performance of public official

Regular Court (Lower Court)

- MTC
- MPTR (Chartered 1st Class Cities)
- MCTR
- MTC in Cities
Below 6 years shall be filed before MTC, MCTR

Jurisdiction- official power to make legal decisions and judgement

Venue Decitus (option of the complainant)

Change Venue- continuing crime (sea port of departure port and arrival)

Complex Crime- Single act constitutes 2 or more grave or less grave felonies or where offense is
a necessary means for committing the other.

2 kinds

1. Compound Crime (Delito Compuesto) single act constitutes 2 or more grave or less
grave felonies
2. Complec Crime Proper (Delito Complejo) where or offended is necessary means
committing another offense.

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.

RULES OF CRIMINAL PROCEDURE (Rule 110-127)

RULE 110 - PROSECUTION OF OFFENSES

A.M. NO. 02-2-07-SC [Effective May 01, 2002]

Amendments to Section 5, Rule 110 of the Revised Rules of Criminal Procedure.

RULE 111 - PROSECUTION OF CIVIL ACTION

RULE 112 - PRELIMINARY INVESTIGATION

RULE 113 - ARREST

RULE 114 - BAIL

RULE 115 - RIGHTS OF ACCUSED

RULE 116 - ARRAIGNMENT AND PLEA

RULE 117 - MOTION TO QUASH

RULE 118 - PRE-TRIAL

RULE 119 - TRIAL

RULE 120 - JUDGMENT

RULE 121 - NEW TRIAL OR RECONSIDERATION

RULE 122 - APPEAL

RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS

RULE 124 - PROCEDURE IN THE COURT OF APPEALS

RULE 125 - PROCEDURE IN THE SUPREME COURT

RULE 126 - SEARCH AND SEIZURE

RULE 127 - PROVISIONAL REMEDIES IN CRIMINAL CASES

SPECIAL LAWS

RA 7438- AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR

UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF.

Custodial investigation" shall include the practice of issuing an "invitation" to a person who is
investigated in connection with an offense he is suspected to have committed, without prejudice
to the liability of the "inviting" officer for any violation of law

Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public

Officers.

(a) Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall inform
the latter.

(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked

(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel
or in the latter's absence, upon a valid waiver, and in the presence of any of the parents,
elder brothers and sisters, his spouse, such extrajudicial confession shall be inadmissible
as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by
such person in the presence of his counsel; otherwise the waiver shall be null and void and
of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits
by or conferences with any member of his immediate family, or any medical doctor or
priest or religious minister chosen by him or by any member of his immediate family or by
his counsel
RA 9262- AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES. ("Anti-Violence Against Women and Their
Children Act of 2004".)

Violence against women and their children" refers to any act or a series of acts committed by
any person against a woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without the family abode, which result
in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or
her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts
of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing
the woman or her child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or

emotional suffering of the victim.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or
properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological

and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or places the woman or her child
under surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing
 basis during the course of the relationship. A casual acquaintance or ordinary socialization
between two individuals in a business or social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the
bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or
voluntary organization accredited by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable
of taking care of themselves as defined under Republic Act No. 7610. As used in this Act,
it includes the biological children of the victim and other children under her care.

RA 9165-AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,

REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS
ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential

Chemicals.,

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation

of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.

Section 6. Maintenance of a Den, Dive or Resort.

Section 7. Employees and Visitors of a Den, Dive or Resort

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential

Chemicals

Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.

Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other

Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

Section 11. Possession of Dangerous Drugs- shall possess any dangerous drug in the following
quantities, regardless of the degree of purity thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy",

Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings.

Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social Gatherings or Meetings

Section 15. Use of Dangerous Drugs.

Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources
Thereof

Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals,

Section 18. Unnecessary Prescription of Dangerous Drugs.

RA 9344.- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE

SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE
DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES .
RA 7183- AN ACT REGULATING THE SALE, MANUFACTURE, DISTRIBUTION AND USE OF
FIRECARACKERS AND OTHER PYROTECHNIC DEVICES.

BP 22 BOUNCING CHECK LAW - AN ACT PENALIZING THE MAKING OR DRAWING AND

ISSUANCE OF A CHECK WITHOUT SUFFICIENT FUNDS OR CREDIT AND FOR OTHER
PURPOSES.

Section 1 . Checks without sufficient funds

Section 2- Evidence of knowledge of insufficient funds

Section 3- Duty of Drawee; rules of evidence Section 4- Credit construed The word
credit means an arrangement or understanding with the bank for the payment of such
check.

RA 10591- otherwise known as THE COMPREHENSIVE LAW ON FIREARMS AND

AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF, was signed into
law by the President of the Philippines on May 29, 2013;

Article VI, Section 44 of Republic Act No. 10591 mandated that, after public hearings and
consultation with concerned sectors of the society, said Implementing Rules and Regulations
(IRR)

RA 7080- AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER

a)Public Officer means any person holding any public office in the Government of the Republic
of the Philippines by virtue of an appointment, election or contract.

b) Government includes the National Government, and any of its subdivisions, agencies or
instrumentalities, including government-owned or -controlled corporations and their subsidiaries.

c) Person includes any natural or juridical person, unless the context indicates otherwise.

d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any
person within the purview of Section Two (2) hereof, acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or business associates by any combination or
series of the following means or similar schemes: