Professional Documents
Culture Documents
2. bill of attainder
3. law that violates the equal protection clause
of the constitution
4. law which imposes cruel and unusual punishments nor excessive
fines
R.A. No. 75 - penalizes acts which would impair the proper
observance by the Republic and inhabitants of the Philippines of
the immunities, rights, and privileges of duly accredited
foreign diplomatic representatives in the Philippines
Art. 2.
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
ELEMENTS OF FELONIES
a. There must be an act or omission
b. That the act or omission must be punishable by the RPC
c. That the act is performed or the commission incurred by means
of dolo or culpa
Dolo - deliberate intent.Must be coupled with freedom of action
and intelligence on the part of the offender as to the
act done by him.
Actus Reus - Physical act
Mens rea - a guilty mind, a guilty or wrongful purpose or
criminal intent.
Gravamen of the offense
Requisites:
a. the act done would have been lawful had the facts
been as the accused believed them to be
b. intention is lawful
c. mistake must be without fault or carelessness by
the accused
Example:
Felonies
ART.4
Criminal Liability
1.
2.
3.
4.
5.
Rape
Bribery
Corruption of Public Officers
Adultery
Physical Injury
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
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:
ART.7
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 d etat
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.
People v. Abut, et al. (GR No. 137601, April 24, 2003)
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
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
People vs. Nierra
If a co-conspirator merely cooperated in the commission of
the crime with insignificant or minimal acts, such co-conspirator
should be punished as an accomplice only.
The common notion is that when there is conspiracy involved,
the participants are punished as principals. This notion is
no longer absolute. The reason given is that penal laws
always favor a milder form of responsibility upon and offender.
Illustration:
There was a planned robbery, and the taxi driver was present
during the planning. The taxi driver agreed for the use of
his cab but said, I will bring you there, and after
committing the robbery I will return later. The taxi driver
brought the conspirators where the robbery would be committed.
After the robbery was finished, he took the conspirators
back to his taxi and brought them away. It was held that
the taxi driver was liable only as an accomplice. His
cooperation was not really indispensable. The robbers could
have engaged another taxi. The taxi driver did not really
stay during the commission of the robbery. At most,
what he only extended was his cooperation.
A conspiracy is possible even when participants are not known
to each other. 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.
Do not think that participants are always known to each other.
The Supreme Court has ruled that one who desisted is not
criminally liable. As pointed out earlier, desistance is true
only in the attempted stage. Before this stage, there is only
a preparatory stage. Conspiracy is only in the preparatory stage..
Illustrations:
A thought of having her husband killed because the latter was
maltreating her. She hired some persons to kill him and
pointed at her husband. The goons got hold of her husband
and started mauling him. The wife took pity and shouted
for them to stop but the goons continued. The wife ran away.
The wife was prosecuted for parricide. But the Supreme Court
said that there was desistance so she is not criminally
liable.
Do not search for an agreement among the participants. If they
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 30 days)
As to the liability of the participants in a grave, less grave
or light felony:
1. When the felony is grave, or less grave, all participants are
criminally liable.
2. But where the felony is only light, only the principal and
the accomplice are liable. The accessory is not.
Therefore, it is only when the light felony is against persons
or property that criminal liability attaches to the principal
or accomplice, even though the felony is only attempted or
frustrated, but accessories are not liable for light felonies.
ART.10
RPC
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 provision or by necessary implication
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.
ART.11
Justifying Circumstances
Mitigating Circumstances
ART.14
Aggravating Circumstances
is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from
committing the criminal act.
PERSON IN AUTHORITY public authority, or person who is
directly vested with jurisdiction and has the power to
govern and execute the laws
Ex:
1. Governor
2. Mayor
3. Barangay captain/ chairman
4. Councilors
5. Government agents
6. Chief of Police
NOTE: A teacher or professor of a public or recognized
private school is not a public authority within the
contemplation of this paragraph. While he is a person
in authority under Art. 152, that status is only for
purposes of Art. 148 (direct assault) and Art.
152 (resistance and disobedience)
The crime should not be committed against the public
authority (otherwise it will constitute direct assault
under Art.148) This is NOT applicable when committed
in the presence of a mere agent.
AGENT subordinate public officer charged w/ the
maintenance of public order and protection and
security of life and property
Ex: barrio vice lieutenant, barrio councilman
Par. 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
(c) sex or
(2) that it be committed in the dwelling of the offended
party, if the latter has not given provocation
Rules regarding par 3(1):
1. These circumstances shall only be considered as one
aggravating circumstance.
2. Rank, age, sex may be taken into account only in
crimes against persons or honor, they cannot be
invoked in crimes against property.
3. It must be shown that in the commission of the crime
the offender deliberately intended to offend or
insult the sex, age and rank of the offended party.
RANK The designation or title of distinction used to
fix the relative position of the offended party in
reference to others (There must be a difference in the
social condition of the offender and the offended party).
AGE may refer to old age or the tender age of the victim.
SEX refers to the female sex, not to the male sex.
ART.15
Alternative Circumstances
ART.16
Under the Revised Penal Code, when more than one person
PRINCIPAL;
ACCOMPLICE; OR
ACCESSORY.
This classification is true only under the Revised Penal Code
and is not applied under special laws, because the penalties
under the latter are never graduated.
Do not use the term principal when the crime committed is a
violation of special law (use the term offender/s, culprit/s,
accused).
As to the liability of the participants in a grave, less grave
or light felony:
1. When the felony is grave, or less grave, all participants are
criminally liable.
2. But where the felony is only light, only the principal and
the accomplice are liable. The accessory is not.
Therefore, it is only when the light felony is against persons
or property that criminal liability attaches to the principal
or accomplice, even though the felony is only attempted or
frustrated, but accessories are not liable for light felonies.
PRINCIPALS
THREE TYPES OF PRINCIPALS:
1. Principal by DIRECT PARTICIPATION (par.1)
2. Principal by INDUCTION (par.2)
3. Principal by INDISPENSABLE COOPERATION (par.3)
Par. 1 Principals by direct participation
Requisites:
1. That they participated in the criminal resolution; and
(conspiracy)
2. That they carried out their plan and personally took part
in its execution by acts which directly tended to the same end.
NOTE: If the second element is missing, those who did not
participate in the commission of the acts of execution cannot
be held criminally liable, unless the crime agreed to be
committed is treason, sedition, coup d etat or rebellion
MEANING OF personally took part in its execution
- That the principal by direct participation must be at
the scene of the commission of the crime, personally
taking part in its execution.
- Under conspiracy, although he was not present in the
scene of the crime, he is equally liable as a principal
by direct participation.
PRINCIPALS
THREE TYPES OF PRINCIPALS:
1. Principal by DIRECT PARTICIPATION (par.1)
2. Principal by INDUCTION (par.2)
3. Principal by INDISPENSABLE COOPERATION (par.3)
Par. 1 Principals by direct participation
Requisites:
1. That they participated in the criminal resolution; and
(conspiracy)
2. That they carried out their plan and personally took part
in its execution by acts which directly tended to the same end.
NOTE: If the second element is missing, those who did not
participate in the commission of the acts of execution cannot
be held criminally liable, unless the crime agreed to be
committed is treason, sedition, coup d etat or rebellion
MEANING OF personally took part in its execution
- That the principal by direct participation must be at
the scene of the commission of the crime, personally
taking part in its execution.
- Under conspiracy, although he was not present in the
scene of the crime, he is equally liable as a principal
by direct participation.
Ex: One serving as guard pursuant to the conspiracy
is a principal by direct participation
CONSPIRACY there is unity of purpose and intention.
NOTES:
Why one who does not appear at the scene of the crime is not liable:
1. His non-appearance is deemed desistance which is favored and
encouraged;
2. Conspiracy is generally not a crime unless the law specifically
provides a penalty therefor.
3. There is no basis for criminal liability because there is no criminal
participation.
Art.17 Par 2.
Principal By Induction
Requisites:
1. That the inducement be made directly with the intention of
procuring the commission of the crime; and
2. That such inducement be the determining cause of the
commission
of the crime by the material executor.
One cannot be held guilty of having instigated the commission of
the crime without first being shown that the crime was actually
committed (or attempted) by another.
Thus, there can be no principal by inducement (or by indispensable
cooperation) unless there is a principal by direct participation.
But there can be a principal by direct participation without a
principal by inducement (or by indispensable cooperation).
Two Ways Of Becoming Principal By Induction:
1. By directly forcing another to commit a crime by :
a) Using irresistible force.
b) Causing uncontrollable fear.
In these cases, there is no conspiracy, not even a unity
of criminal purpose and intention. Only the one using the
force or causing the fear is criminally liable. The
material executor is not criminally liable because of
Art. 12, pars. 5 and 6 (exempting circumstances)
2. By directly inducing another to commit a crime by
a) Giving of price, or offering of reward or promise.
The one giving the price or offering the reward or
promise is a principal by inducement while the one
committing the crime in consideration thereof is a
principal by direct participation. There is collective
criminal responsibility.
b) Using words of command The person who used the words of
command is a principal by inducement while the person
Art.17 Par. 3
Requisites:
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; and
2. Cooperation in the commission of the offense by performing
another act, without which it would not have been accomplished.
MEANING OF cooperation in the commission of the offense
- To desire or wish in common a thing. But that common will
or purpose does not necessarily mean previous understanding,
for it can be explained or inferred from the circumstances
of each case.
NOTE: If the cooperation is not indispensable, the offender is
only an accomplice.
Collective Criminal Responsibility:
- This is present when the offenders are criminally liable
in the same manner and to the same extent. The penalty to
be imposed must be the same for all.
ART.18
Accomplices
ART.19
Accessories
BASIS:
The exemption provided for in this article is based on the ties
of blood and the preservation of the cleanliness of ones name,
which compels one to conceal crimes committed by relatives so
near as those mentioned in this article.
AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABILITY WHEN
THE PRINCIPAL IS HIS :
1. spouse, or
2. ascendant, or
3. descendant, or
4. legitimate, natural or adopted brother, sister or relative by
affinity within the same degree.
Accessory Is Not Exempt From Criminal Liability Even If The
Principal Is Related To Him, If Such Accessory
1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects of the crime.
REASON: Because such acts are prompted not by affection but
by a detestable greed.
NOTES:
Nephew and Niece not included
Public officer contemplated in par. 3 of Art. 19 is exempt by
reason of relationship to the principal, even if such public
officer acted with abuse of his official functions.
REASON: Ties of blood or relationship constitutes a more
powerful incentive than the call of duty.
P.D. 1829 penalizes the act of any person who knowingly or
willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and prosecution
of criminal cases.
The benefits of the exception in Art. 20 do not apply to PD 1829.
PD 1829 - The law penalizing obstruction of justice.