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CRIMINAL LAW and JURISPRUDENCE

BOOK I
A. Fundamental Principles
1. Definition of Criminal Law
It is a branch or division of law which defines
crimes, treats of their nature and provides for their
punishment.
[DNP CRIMES]
2.
Difference between Mala in Se and Mala
Prohibita
MALA IN SE
Felonious acts
committed
by
means of dolo
or culpa as
defined
in
Revised Penal
Code or ACT
No. 3815
The prosecution
must
prove
criminal intent.

MALA PROHIBITA
Considered
wrong
because they are
prohibited by special
laws

of

Criminal

Law

in

NOTE: But COMMON LAWS are not sources of


criminal law in the Philippines
What are laws known in other countries as body of
principles, practices, usages and rules of action which
are not recognized in our country? COMMON LAWS
4.
What agency or department of the
government can enact criminal laws?
Criminal laws in the Philippines are enacted by our
LEGISLATURE/LEGISLATIVE DEPARTMENT made
up of Congress and Senate

Criminal intent is not


required;
the
prosecution need only
to prove intent to
perpetrate the act,
that the offender did
intend to commit an
act, and that act is
prohibited by law.
Good faith is a Good faith or absence
defense
of criminal intent is not
a valid defense.
3.
Sources
Philippines

R.A. 9165 (Dangerous Drugs Law)


P.D. 957 (Regulating the Sale of Subdivision Lots and
Condominiums)
P.D. 1602 (Anti-Fencing Law)
R.A. 8282 (SSS Law)
P.D. 1866 as amended by R.A. 8294 (Illegal
Possession of Firearms and Explosives).

the

a. Revised Penal Code (Act No. 3815)


b. Special Laws
The following offenses are examples of special
laws:
Violation of R.A. 8042 (Illegal Recruitment)
Bouncing Checks Law (B.P. 22)

5.
Why do we impose penalties on crimes?
There are 4 theories:
1. Utilitarian Theory or Protective Theory:
Punishment of crimes is PROTECTION of society
from wrongdoers
2. Classical or Juristic Theory (an eye for an eye):
Punishment is for RETRIBUTION
3. Positivist or Realist Theory: Punishment is for
REFORMATION
4. Eclectic or Mixed Theory: Combination of Juristic
and Realist Theory. Economic and social crimes such
as estafa and theft involve compassionate
punishment/lesser penatly while Heinous crimes must
be meted out the capital punishment
MCQ: According to the classical theory, it states that
the purpose of the penalty of crimes is:
a. Revenge
b. Retribution
c. Remuneration
d. Pardon

6.
What are the Characteristics of the
Philippine Criminal Law
(a) Generality: Criminal laws are obligatory upon
all who live or sojourn in Philippine territory
Except: PWIT (hence IMMUNE
from
SUIT)
1. Preferential application (servants of
ambassadors and head of state)
2. Warship Rule and Embassies (extensions
of country)
3. International Law (sovereigns, chief/head
of states, ambassadors, prime ministers and
other diplomatic officers)
NOTE: Consuls in foreign country NOT
immune
4. Treaty stipulation Visiting forces
agreement
MCQ: What is NOT an exception to generality:
a. International law
b. Ex post facto law
c. Preferential application
d. Treaty stipulation
MCQ: Heads of State or Ambassadors can NOT
be held criminally liable in another state or
place or assignment under the principles of
internation law. This is an EXCEPTION to the
general characteristic of Criminal Law which
is:
a. Prospectivity
b. Generality
c. Territoriality
d. Immunity
(2) Territoriality: Criminal laws shall apply to all
crimes committed within the territory of the
Philippines
MCQ: It means that as a rule, penal laws are
enforceable only within the territory of the
Philippines.
a. territoriality principle
b. generality principle
c. retroactive principle
d. prospectivity principle
(3) Prospectivity: Criminal laws shall have
prospective application except if favorable to the

accused who is not a habituan delinquent


MCQ: These are the characteristics of criminal law
EXCEPT:
a. generality
b. territoriality
c. constitutionality
d.
prospectivity
7.
Constitutional limitations on the power of
Congress to enact penal laws in the Bill of Rights
(a) equal protection
(b) due process
(c) non-imposition of cruel and unusual punishment
or excessive fines
(d) bill of attainder
(e) ex post facto law
MCQ: A legislative act which inflicts punishment
without judicial trial.
a. Bill of lading
b. Bill of attainder
c. Special Law
d. Criminal Law
MCQ: A legislative act which makes innocent
acts committed yesterday as crime and
punishable today
a. ex post facto law
b. Bill of attainder
c. Special Law
d. Criminal Law

II.
CRIMES AND FELONIES
1. Definition of Terms
1.Crime: act or omission punishable by any law
2.
Felony: act or omission punishable by Revised
Penal Code
3.
Act: an overt or external act
4.
Omission: Failure to perform a duty required by
law or which one is bound
5.
MISDEMEANOR : A minor infraction of the
law, such as a violation of an ordinance.
MCQ: It is an act committed or ommitted I violation of a
public law forbidding or commanding it.
a. crime
b. felony
c. infractions
d. offenses

MCQ: The failure to perform a positive duty which


one is bound to.
a. negligence
b. omission
c. imprudence
d. act
2. How are felonies committed?
Art. 3. Definitions. Acts and omissions
punishable by law are felonies (delitos). Felonies
are committed not only be 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.

3. A person may be criminally liable for a felony


different from that which he intended to commit
under the following:
a. Mistake of Fact (ignorantia facti excusat) :
When
an
offender
acted
out
of
a
misapprehension of fact, it cannot be said that
he acted with criminal intent hence no criminal
liability.
The Requisites16 of Mistake of Fact are:
i.
That the act done would have been lawful
had the facts been as the accused believed them
to be;
ii.
That the intention of the accused in
performing the act should be lawful;
iii.
That the mistake must be without fault or
carelessness on the part of the accused.
MCQ: These are the requisites of mistake of fact
as a defense, EXCEPT:
A.
act done would have been lawful

lawful
victim

B.

intention of the accused must be

C.

resulting injury is due to the act of

D.
mistake must be without fault or
carelessness
B. Aberratio Ictus : Person directed the blow at
an intended victim, but because of poor aim, that
blow landed on someone else

Example:
A shot B. However, because of poor aim, it was not
B who was hit but C. There is only one single act
the act of firing at B.
In so far as B is concerned, the crime at least is
attempted homicide or attempted murder.
As far as the third party C is concerned, if C were
killed, the crime is homicide. If C was only
wounded, the crime is only physical injuries. You
cannot have attempted or frustrated homicide or
murder as far as C is concerned, because as far as
he is concerned, there is no intent to kill. serious or
slight.
c. Error In Personae : A mistake in identity.
It was the actual victim upon whom the blow was
directed, but he was not really the intended victim.
A thought of killing B. He positioned himself at one
corner where B usually passes. When a figure
resembling B was approaching, A hid and when that
figure was near him, he suddenly hit him with a piece of
wood on the nape, killing him. But it turned out that it
was his own father. The crime committed is parricide,
although what was intended was homicide. Article 49,
therefore, will apply because out of a mistake in identity,
a crime
d. Praeter Intentionem : The result is greater than
what was intended
The accused entered the store of a Chinese couple,
to commit robbery. They hogtied the Chinaman and
his wife. Because the wife was so talkative, one of
the offenders got a pan de sal and placed it in her
mouth. But because the woman was trying to wiggle
from the bondage, the pan de sal slipped through
her throat. She died because of suffocation. The
offenders were convicted for robbery with homicide
because there was a resulting death, although their
intention was only to rob. However, There was really
no intention to bring about the killing, because it
was the pan de sal that they put into the mouth.
4.
Impossible Crime
IMPOSSIBLE CRIMES
Under par. 2, Article 4

An impossible crime is an act which would be


an offense only against person or property
were it not for the inherent impossibility of its
accomplishment or
on account of the
employment of inadequate or ineffectual means.

Liability under this paragraph is incurred only if:


the offender has actually performed the act
against the person or property of the intended
victim and such act does not constitute
another felony.
Example:
The dead victim was shot to make it appear that
he was trying to escape, the accused is not a
principal to an impossible crime but an
accessory to the killing committed by the
principal.

any of their periods are afflictive.


A.
less grave
B.
grave
C.
less serious
D.
Light

4. Stages of Execution
Art. 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 execution and accomplishment
are present;
and it is frustrated when the offender performs
all the acts of execution which would produce
the felony as a consequence but which,
nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.
There is an attempt when the offender
commences the commission of a felony directly
by overt acts, and does not perform all the acts
of execution which should produce the felony by
reason of some cause or accident other than his
own spontaneous desistance.
5. Classification of Felonies according to gravity
Under Article 9, felonies are classified as:
a. Grave felonies or those to which attaches the
capital punishment or penalties which in any of their
periods are afflictive;
b. Less grave felonies or those to which the law
punishes with penalties which in their maximum
period is correctional;
c. Light felonies or those infractions of law for the
commission of which the penalty is arresto menor
MCQ: Law attaches capital punishment or penalty or

III.

6. Conspiracy and Proposal


Conspiracy:
Proposal:

6. Multiple Offenders (differences, rules, effects)


(1) Recidivism
(2) Habituality (Reiteracion)
(3) Quasi-Recidivism
(4) Habitual Deliquency