Professional Documents
Culture Documents
LAW 1
MIDTERM REVIEWER
Criminal Law that branch or division of law
which defines crimes, treats of their nature,
and provides for their punishment
Crime an act committed or omitted in
violation of a public law forbidding or
commanding it.
this is in violation of a general law
does not only mean an act of doing,
but also of not doing
Sources of Philippine Criminal Law:
(R-S-P)
1. The Revised Penal Code and its
amendments
2. Special Penal Laws
3. Penal Presidential Decrees issued
during Martial Law
Limitations on The Power of the
Lawmaking body to Enact Penal
Legislation:
1. No ex post facto law
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
Constitutional Rights of The Accused
(Article III, Bill of Rights):
1. Right to a speedy disposition
2. No person shall be held to answer
without due process of law
3. Right to bail shall not be impaired even
when there is a suspension of the
privilege of the writ of habeas corpus
4. Right to be heard by himself and
counsel, to be informed
5. No person shall be compelled to be a
witness against himself
6. Excessive fines shall not be imposed,
nor cruel, degrading or inhuman
punishment inflicted
Statutory Rights of The Accused:
1. To be presumed innocent until proven
guilty
2. To be informed of the nature and cause
of the accusation against him
3. To be present and defend in person
and by counsel at every stage of
proceedings, from arraignment to
promulgation of the judgment
4. To testify as a witness in his own
behalf but subject to crossexamination on matters covered by
direct examination
5. To be exempt from being compelled to
be a witness against himself
6. To confront and cross-examine the
witnesses against him at the trial
7. To have compulsory process issued to
secure the attendance of witnesses and
production of other evidence in his
behalf
8. To have a speedy, impartial and public
trial
9. To appeal in all cases allowed and in
the manner prescribed by law
Characteristics of Criminal Law:
(G-T-P)
1. General it is binding on all persons
who live or sojourn in Philippine
territory
EXCEPTIONS:
a. Treaties
or
treaty
stipulations
b. Law
of
preferential
application
c. Principles
of
public
international law
Rules as to jurisdiction over crimes
committed aboard foreign merchant
vessels:
1. French Rule crimes are not triable in
the courts of that country, unless their
commission affects the peace and
security of the territory or the
safety of the state is endangered.
2. English Rule crimes are triable in
that country, unless they merely
affect things within the vessel or
they refer to the internal
management thereof.
*The Philippines follows the English Rule.
ARTICLE 3. Acts and omissions punishable
by law are felonies.
Felonies are committed not only by means
of deceit (dolo) but also by means of fault
(culpa).
There is deceit when the act is performed
with deliberate intent; and there is fault
when the wrongful act results from
imprudence, negligence, lack of foresight,
or lack of skill.
Mistake of fact relieves the accused
from
criminal
liability;
a
misapprehension of fact on the part of
the person who caused injury to
another
Requisites of mistake of fact
as a defense:
act would have been lawful
had the facts been as the
accused believed them to be
intention of the accused in
performing the act should be
lawful
mistake must be without fault
or carelessness on the part of
the accused
*In mistake of fact, the act done by the accused
would
have
constituted:
justifying
circumstances, an absolutory cause, or an
involuntary act
*Error in personae or mistake in identity of the
victim, the principle of mistake of fact does not
apply
Criminal intent is necessary in felonies
committed by dolo:
Criminal intent is necessary in felonies
committed by means of dolo because of these
legal maxims:
Actus non facit reum nisi mens sit rea
the act itself does not make a man
guilty unless his intentions were so
Actus me invite factus non est meus
actus an act done by me against my
will is not my act
2. Culpable Felonies the act or omission
by the offender is not malicious
a. These are committed without
deceit, but with fault (culpa)
b. Imprudence
indicates
a
deficiency of nature (lack of
skill)
c. Negligence
indicates
a
deficiency of perception (lack of
foresight)
*A criminal act is presumed to be voluntary.
Fact prevails over assumption.
*Actus non facit reum, nisi mens sit rea a
crime is not committed if the mind of the
person performing the act complained to be
innocent
Reasons why the act or omission in
felonies must be voluntary:
1. RPC continues to base on the Classical
Theory, which the basis of criminal
liability is human free will
2. Acts or omissions punished by the law
are always deemed voluntary since
man is a rational being
3. Felonies by dolo, act is performed with
deliberate intent;
Felonies by culpa, imprudence consists
voluntarily without malice, failing to
do an act from which material injury
results
Requisites of culpa or fault:
Freedom while doing an act or
omitting to do an act
Intelligence while doing the act
or omitting to do the act
Imprudent, negligent, or lacks
foresight while doing the act or
omitting to do the act
Mala In Se VS. Mala Prohibita
MALA
MALA IN SE
PROHIBITA
Moral trait of
Considered Not Considered
the offender
NOT a defense;
Valid
intent is not
defense,
necessaryUNLESS
sufficient that
Good faith as
the crime the offender has
a defense
is in the the intent to
result of perpetrate the
culpa
act prohibited by
the special law
Degree
of
Taken
into
accomplishm Taken into account
only
ent of the account
when
crime
consummated
Taken into
Mitigating &
account in
aggravating
imposing
circumstance
penalties
When
there
is
more than
one
Degree
of
offender, it
participation
is
taken
into
considerati
on
Laws
violated
General
Rule: RPC
Intent VS. Motive
INTENT
Purpose to use a
particular means to
effect a result
Element of crime
except in crimes
committed with culpa
GENERALLY not
taken
into
account
GENERALLY not
taken
into
account
General
Special
Laws
Rule:
Penal
MOTIVE
Moving power which
impels one to act
Not an element of
crime
*There should be either legal impossibility or
physical impossibility of accomplishing the
intended act.
Purpose of the law in punishing the
impossible crime:
To suppress criminal propensity or criminal
tendencies. Objectively, the offender has not
committed a felony, but subjectively, he is a
criminal.
ARTICLE 5. Whenever a court has
knowledge of any act which it may deem
proper too repress and which is not
punishable by law, it shall render the
proper decision and shall report to the
Chief Executive, through the Department
of Justice, the reasons which induce the
court to believe that said act should be
made the subject of penal legislation.
In the same way, the court shall submit it
the Chief Executive, through the
Department of Justice, such statement as
may be deemed proper, without
suspending the execution of the sentence,
when a strict enforcement of the
provisions of this Code would result in the
imposition of a clearly excessive penalty,
taking into consideration the degree of
malice and the injury caused by the
offense.
Paragraph 1. Trial of a criminal case
Requisites:
1. Act committed by the accused appears
not punishable by any law
2. The court deems it proper to repress
such act
3. The court must render the proper
decision by dismissing the case and
acquitting the accused
4. The judge must then make a report to
the Chief Executive, through the
Secretary of Justice, stating the reasons
which induce him to believe that the
said act should be made the subject of
penal legislation.
Basis of the paragraph:
Nullum crimen, nulla poena sine lege there is
no crime if there is no law that punishes the act
Paragraph 2. Cases of excessive penalties
Requisites:
1. The court after trial finds the accused
guilty
2. The penalty provided by law and
which the court imposes for the crime
committed appears to be clearly
excessive, because
a. The accused acted with lesser
degree of malice, and
b. There is no injury or the injury
caused is of lesser gravity
3. The court should not suspend the
execution of the sentence
4. The judge should submit a statement
to the Chief Executive, through the
Secretary of Justice, recommending
executive clemency
*Article 5 of the RPC may not be invoked in
cases involving acts mala prohibita, because
said article only applies to acts mala in se.
ARTICLE 6. Consummated felonies, as well
as those which are frustrated and
attempted, are punishable.
A felony is consummated when all the
elements necessary for its exception and
accomplishment are present; and it is
Stages of the Acts of Execution:
1. Attempted Felony
Elements of attempted felonies:
a. offender
commences
the
commission of the felony directly
by overt acts
b. does not perform all the acts of
execution which should produce
the felony
c. offenders acts is not stopped by
his own spontaneous desistance
d. non-performance of all acts of
execution was due to cause or
accident other than his
spontaneous desistance
Indeterminate Offense purpose of the
offender in performing an act is not
certain. Its nature in relation to its
objective is ambiguous
*The intention of the accused must be
ascertained from the facts and,
therefore, it is necessary tjat the mind
be able to directly infe from them the
intention of the perpetrator to cause a
particular injury
*Only offenders who personally execute
the commission of a crime can be guilty
of attempted felony.
*Desistance should be made before all
acts of execution are performed
Subjective Phase of the Offense that
portion of the acts constituting the
crime, starting from the point where
the offender begins the commission of
the crime to that point where he has
still control over his acts, including
their natural course; if the offender is
stopped by any cause outside of his
own voluntary desistance, the
subjective phase has no been passed
and it is an attempt.
2. Frustrated Felony
Elements of frustrated felonies:
a. offender performs all the acts of
execution
b. all the acts performed 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. Consummated Felony
Manner of committing the crime
1. Formal crimes consummated in one
instant, no attempt (e.g. Slander, False
Testimony, Adultery)
2. Crimes consummated by mere attempt
or proposal or by overt act (e.g.
Corruption of minors, Flight to ones
enemy country)
3. Felony by omission no attempted
stage because there is no act
performed in the first place
4. Crimes requiring the intervention of
two persons to commit them are
consummated by mere agreement
5. Material crimes when the crime is
not consummated in one instant or by
a single act (e.g. consummated rape,
attempted homicide)
ARTICLE 7. Light felonies are punishable
only when they have been consummated,
with the exception of those committed
against persons or property.
Light felonies infractions of law for the
commission of which the penalty of arresto
menor or a fine not exceeding Php200, or
both, is provided
Light felonies punished by the RPC:
a. Slight physical injuries (Art. 266)
b. Theft (Art. 309, par7&8)
c. Alteration of boundary marks
(Art. 313)
d. Malicious mischief (Art. 328,
par3; Art. 329, par3)
e. Intriguing against honor (Art.
364)
General Rule: The act of one is the act of all
Exception: Unless one or more 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
Requisites of Conspiracy:
1. Two or more persons come to an
agreement
2. The agreement concerned the
commission of a felony
3. The execution of the felony be decided
upon
Concepts of Conspiracy:
1. As a crime itself (e.g. conspiracy to
commit rebellion, treason, coup d etat,
sedition, insurrection)
2. Merely as a means to commit a crime
Requisites of Proposal:
1. A person has decided to commit a
felony
2. That he proposes its execution to some
other person or persons
ARTICLE 9. Grave felonies are those which
the law attaches the capital punishment or
penalties which in any of their periods are
afflictive, in accordance with Article 25 of
this Code.
Less grave felonies are those which the law
punishes with penalties which in their
maximum period are correctional, or in
accordance with the above-mentioned
article.
Light felonies are those infractions of law
for the commission of which the penalty of
arresto menor or a fine not exceeding 200
pesos, or both, is provided.
Importance of Classification:
1. To determine whether the felonies can
be complexed or not
2. To determine the prescription of the
crime and the penalty
Penalties (Imprisonment):
1. Grave felonies afflictive penalties; 6
years and 1 day to reclusion perpetua
(life imprisonment)
2. Less grave felonies correctional
penalties; 1 month and 1 day to 6 years
3. Light felonies arresto menor; 1 day to
30 days
ARTICLE 10. Offenses which are or in the
future may be punishable under special
laws are not subject to the provisions of
this Code. This Code shall be
supplementary to such laws, unless the
latter should specially provide the
contrary.
General Rule: The RPC shall be
supplementary to special laws
Exceptions:
1. When the special law provides
otherwise
2. When the provision of the RPC are
impossible of application, either by
express provision or by necessary
implication
SPECIAL
LAWS
RPC
Prision
correccional,
prision
Terms
Imprisonment
mayor,
arresto
mayor, etc
General Rule:
NOT
Attempted or punishable
Frustrated
Exception:
Punishable
Stages
Unless
otherwise
stated
Plea of guilty
as mitigating No
Yes
circumstance
Minimum,
medium and
Not applicable Yes
maximum
periods
General Rule:
None
Penalty for
Exception:
accessory or
Yes
Unless
accomplice
otherwise
stated
Suppletory Application of the RPC:
1. Subsidiary Penalty
2. Civil Liability
3. Rules on Service of Sentence
4. Definition on Principals, Accomplices
and Accessories
5. Principle of Conspiracy
*When the special law adopts the penalties
imposed in the RPC, the provisions of the RPC
on imposition of penalties based on stages of
execution, degree of participation and
attendance of mitigating and aggravating
circumstances may be applied by necessary
implication
ARTICLE 11. The following do not incur
any criminal liability:
Exempting Circumstances grounds for
exemption from punishment because there is
wanting in the agent of the crime any of the
conditions which make the act voluntary or
negligent
Basis: The exemption is based on the
complete absence of intelligence, freedom of
action, or intent, or on the absence of
negligence on the part of the accused
Burden of Proof: Any of the circumstances is
a matter of defense and the same must be
proved by the defendant to the satisfaction of
the court
Paragraph 1. Imbecility or Insanity
Imbecile one while advanced in age has a
mental development comparable to that of
children between 2 and 7 years old. He is
exempt in call cases from criminal liability
ENTRAPMENT
INSTIGATION
The ways and means Instigator practically
are resorted to for the induces the would-be
purpose of trapping accused into the
and capturing the commission of the
lawbreaker in the offense and himself
execution of his becomes
a
cocriminal plan
principal
NOT a bar to Accused will be
accuseds prosecution acquitted
and conviction
NOT an absolutory Absolutory cause
cause
xxxxx
Complete defenses in criminal cases:
1. Any of the essential elements of the
crime charged is not proved by the
prosecution and the elements proved
do not constitute any crime.
2. Act of the accused falls under any of
the justifying circumstances.
3. The case of the accused falls under any
of the exempting circumstances.
4. The case is covered by any of the
absolutory causes:
a. Spontaneous desistance during
attempted stage and no crime
under another provision of the
Code or other penal law
committed.
b. Light felony is only attempted
or frustrated, and is not against
persons or property.
c. The accessory is a relative of
the principal.
d. Legal grounds for arbitrary
detention.
e. Legal grounds for trespass.
f. The crime of theft, swindling or
malicious mischief is committed
against a relative.
g. When only slight or less serious
physical injuries are inflicted by
the person who surprised his
spouse or daughter in the act of
sexual intercourse with another
person.
ARTICLE 13. The following are mitigating
circumstances:
1. Those mentioned in the preceding
chapter, when all the requisites
necessary to justify the act or to
exempt from criminal liability in the
respective cases are not attendant.
2. That the offender is under eighteen
years of age or over seventy years.
In the case of the minor, he shall be
proceeded against in accordance
with the provisions of Article 80.
3. That the offender had no intention
to commit so grave a wrong as that
committed.
4. That sufficient provocation or
threat on the part of the offended
party immediately preceded the act.
5. That the act was committed in the
immediate vindication of a grave
offense to the one committing the
felony, his spouse, ascendants,
descendants, legitimate, natural or
adopted brothers or sisters, or
relatives by affinity within the same
degrees.
6. That of having acted upon an
impulse so powerful as naturally to
have
produced
passion
or
obfuscation.
7. That the offender has voluntarily
surrendered himself to a person in
authority or his agents, or that he
had voluntarily confessed his guilt
before the court prior to the
presentation of the evidence for the
prosecution.
Immediate allows for a lapse of time, as long
as the offender is still suffering from the
mental agony brought about by the offense to
him. (proximate time, not just immediately
after)
PROVOCATION
VINDICATION
Made directly only to Grave offense may
the person committing be committed also
the felony
against
the
offenders relatives
mentioned by the
law
The
cause
that Offended party must
brought about the have done a grave
provocation
NEED offense
to
the
NOT be a grave offender OR his
offense
relatives mentioned
by the law
It is necessary that the The grave offense
provocation of threat may be proximate,
IMMEDIATELY
which admits of an
preceded the act
interval of time
between the grave
offense done by the
offended party and
the commission of
the crime by the
accused
The difference is brought about by the greater
leniency in the case of vindication due
undoubtedly to the fact that it concerns the
honor of a person, an offense which is more
worthy of consideration than mere spite
against the one giving the provocation or
threat.
Aggravating Circumstances those which, if
attendant in the commission of the crime,
serve to have the penalty imposed in its
maximum period provided by law for the
offense or those that change the nature of the
crime
Basis: The greater perversity of the offender
manifested in the commission of the felony as
shown by:
a. the motivating power itself,
b. the place of the commission,
c. the means and ways employed,
d. the time, or
e. the personal circumstances of
the offender, or the offended
party
Kinds of Aggravating Circumstances:
1. Generic those which apply to all
crimes
2. Specific those which apply only to
specific crimes
3. Qualifying those that change the
nature of the crime
4. Inherent which of necessity
accompany the commission of the
crime, therefore not considered in
increasing the penalty to be imposed
5. Special those which arise under
special conditions to increase the
penalty of the offense and cannot be
offset by mitigating circumstances
GENERIC
QUALIFYING
AGGRAVATING
AGGRAVATING
CIRCUMSTANCE
CIRCUMSTANCE
EFFECT: when not set EFFECT: gives the
off by any mitigating crime its proper and
circumstance,
exclusive name and
increases the penalty places the author of
which should be the crime in such a
imposed upon the situation
as
to
accused
to
the deserve no other
maximum period but penalty than that
without
exceeding specially prescribed
the limit prescribed by law for said crimes
by law
If not alleged in the To be considered as
information,
a such,
MUST
be
qualifying
alleged
in
the
aggravating
information
circumstance will be
considered generic
May be offset by a Cannot be offset by a
mitigating
mitigating
circumstance
circumstance
RULES
ON
AGGRAVATING
CIRCUMSTANCES:
1. Aggravating circumstances shall NOT
be appreciated if:
a. They constitute a crime
specially punishable by law, or
b. It is included by the law in
defining a crime with a penalty
prescribed, and therefore shall
not be taken into account for
the purpose of increasing the
penalty
2. The same rule shall apply with respect
to any aggravating circumstance
inherent in the crime to such a degree
that it must of necessity accompany
the commission thereof.
3. Aggravating circumstances which
arise:
a. From the moral attributes of the
offender;
b. From his private relations with
the offended party; or
c. From any personal cause.
Shall only serve to aggravate the
liability of the principals, accomplices
Paragraph 1. That advantage be taken by
the offender of his public position
Requisites:
1. Offender is a public officer
2. Public officer must use the influence,
prestige, or ascendancy which his
office gives him as means to realize
criminal purpose
It is not considered as an aggravating
circumstance where taking advantage of
official position is made by law an integral
element of the crime or inherent in the offense.
Example: malversation (Art. 217),
falsification of a document committed
by public officers (Art. 171)
Sex refers to the female sex, not the male sex
The aggravating circumstance of disregard
of rank, age, or sex is not applicable in the
following cases:
1. When the offender acted with passion
and obfuscation
2. When there exists a relationship
between the offended party and the
offender
3. When the condition of being a woman
is indispensable in the commission of
the crime
Dwelling must be a building or structure,
exclusively used for rest and comfort. A
combination house and store, or a market stall
where the victim slept is not a dwelling.
Based on the greater perversity of the
offender, as shown by the place of the
commission of the offense.
The aggravating circumstance of dwelling
requires that the crime be wholly or partly
committed therein or in any integral part
thereof.
Dwelling does not mean the permanent
residence or domicile of the offended party or
that he must be the owner thereof. He must,
however, be actually living or dwelling
therein even for a temporary duration or
purpose.
It is not necessary that the accused should
have actually entered the dwelling of the
victim to commit the offense; it is enough that
the victim was attacked inside his own house,
although the assailant may have devised
means to perpetrate the assault from without.
What aggravates the commission of the
crime in ones dwelling:
1. The abuse of confidence which the
offended party reposed in the offender
by opening the door to him; or
2. The violation of the sanctity of the
home by trespassing therein with
3.
4.
5.
6.
Paragraph 4. That the act be committed
with:
1. abuse of confidence, or
2. obvious ungratefulness
Based on the greater perversity of the
offender, as shown by the means and ways
employed.
This circumstance exists only when the
offended party has trusted the offender who
later abuses such trust by committing the
crime. Abuse of confidence requires a special
confidential relationship between the offender
and the victim, while this is not required for
there to be obvious ungratefulness.
Requisites of Abuse of Confidence:
1. That the offended party had trusted
the offender
2. That the offender abused such trust by
committing a crime against the
offended party
3. That the abuse of confidence facilitated
the commission of the crime
There is no abuse of confidence where the
deceased and the accused happened to be
together.
General Rule: Nighttime is absorbed in
treachery.
Exception:
Where
both
the
treacherous mode of attack and
nocturnity were deliberately decided
upon in the same case, they can be
considered separately if such
circumstances have different factual
bases.
Uninhabited Place (despoblado)
a. One where there are no houses at all a
place at a considerable distance from
town, or where the houses are
scattered at a great distance from each
other.
b. Not considered when the place where
the crime was committed could be
seen and the voice of the deceased
could be heard from a nearby house.
c. What should be considered is whether
in the place of the commission of the
offense, there was a reasonable
possibility of the victim receiving some
help.
d. The offenders must choose the place as
an aid either: to an easy and
uninterrupted accomplishment of their
criminal designs, OR to insure
Requisites:
1. That armed men or persons took part
in the commission of the crime,
directly or indirectly
2. That the accused availed himself of
their aid or relied upon them when the
crime was committed
The casual presence of armed men near the
place where the crime was committed does
not constitute an aggravating circumstance
when it appears that the accused did not
avail himself of their aid or rely upon them
to commit the crime.
This aggravating circumstance requires that
the armed men are accomplices who take part
in a minor capacity directly or indirectly, an
not when they were merely present at the
crime scene. Neither should they constitute a
band, for then the proper aggravating
circumstance would be cuadilla.
When this aggravating circumstance shall
NOT be considered:
1. When both the attacking party and the
party attacked were equally armed
2. When the accused as well as those who
cooperated with him in the
commission of the crime acted under
the same plan and for the same
purpose
3. When the others were only casually
present and the offender did not avail
himself of any of their aid or when he
did not knowingly count upon their
assistance in the commission of the
crime
Paragraph 9. That the accused is a
recidivist
Recidivist one who, at the time of his trial
for one crime, shall have been previously
convicted by final judgment of another crime
embraced in the same title of the RPC.
What is controlling is the time of trial, not
the time of the commission of the crime.
Rules:
1. Applicable only to crimes against the
person
2. Means, methods or forms need not
insure accomplishment of crime
3. The mode of attack must be
consciously adopted
TEST: it is not only the relative position of the
parties but, more specifically, whether or not
the victim was forewarned or afforded the
opportunity to make a defense or to ward off
the attack
Treachery is taken into account even if the
crime against the person is complexed with
another felony involving a different
classification in the Code.
When must treachery be present:
1. When the aggression is continuous,
treachery must be present in the
beginning of the assault.
2. When the assault was not continuous,
in that there was interruption, it is
sufficient that treachery was present
at the moment the fatal blow was
given.
Requisites:
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 of form
of attack employed by him
Treachery should be considered even if:
1. Victim was not predetermined but
there was a generic intent to
treacherously kill any first two persons
belonging to a class
2. There was an accident
3. There was a mistake in the identity
Treachery absorbs:
1. Craft
2. Abuse of superior strength