CRIMINAL LAW

Criminal Law branch or division of law which defines crimes, treats of their nature, and provides for their
punishment
Crime act committed or omitted in violation of a public law forbidding or commanding it
Sources
1. Revised Penal Code / Act No. 3815 and its amendments
2. Special Penal Laws, passed by the Phil. Commission, Phil. Assembly, Congress, Batasang Pambansa
3. Penal Presidential Decrees issued during Martial Law
o No common law crimes unlike US and England
o Court decisions are not sources because they merely explain and apply the law
Power to define and punish crimes: State, with the authority under its police power
o Limitations on the power of lawmaking body to enact penal legislation (Bill of Rights, 1987
Constitution)
1. No ex post facto law (prejudicial to the accused) or bill of attainder
Ex post fact law
1. Makes criminal an act done before the passage of the law and which was innocent when done, and punishes
such an act
2. Aggravates a crime, or makes it greater than it was, when committed
3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed
4. Alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law
required at the time of the commission
5. Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for
something which when done was lawful
6. Deprives a person accused of a crime some lawful protection to which he has become entitled, such as the
protection of a former conviction or acquittal, or a proclamation of amnesty
Bill of Attainder legislative act which inflicts punishment without trial, whose essence is
the substitution of a legislative act for a judicial determination of guilt
2. No person shall be held to answer for a criminal offense without due process of law
Criminal laws must be of general application and must clearly define the acts and omissions
punished as crimes
Constitutional Rights of the Accused (Art. 3, Bill of Rights)
1. Right to a speedy disposition of case before judicial, quasi-judicial, administrative bodies
2. No person shall be held to answer for a criminal offense without due process of law
3. Right to bail by sufficient sureties or be released on recognizance as may be provided by law, except those
charged with offenses punishable by reclusion perpetua when evidence of guilt is strong (even with
suspension of habeas corpus), excessive bail not allowed
4. Presumption of innocence until proven otherwise
Right to be heard by himself and counsel
Right to be informed of the nature and cause of accusation against him
Right to have speedy, impartial, and public trial
Right to meet the witnesses face to face
Right to have compulsory process to secure the attendance of witnesses and the production of evidence in
his behalf
5. No person shall be compelled to be a witness against himself
Under investigation, right to be informed of his right to remain silent; right to have competent and
independent counsel
No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
No secret detention place, solitary, incommunicado, or other similar forms
 o Confession or admission resulting to the preceding prohibitions are inadmissible as evidence
6. No excessive fines, nor cruel, degrading, or inhuman punishment
7. No double jeopardy: if an act is punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act
8. Right to free access to courts and quasi-judicial bodies and adequate legal assistance of the poor
Statutory Rights of an Accused (Sec 1, Rule 115, Revised Rules on Criminal Procedure)
1. Presumption of innocence until contrary is proved beyond reasonable doubt
2. To be informed of the nature and cause of the accusation may not be waived (involve public interest)
3. To be present and defend in person and by counsel at every stage of proceedings
4. To testify as witness in his own behalf, but subject to cross-examination. Silence shall not prejudice him
5. To be exempt from compulsion to be a witness against himself
6. To confront and cross-examine the witnesses against him may be waived (personal in nature)
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
Characteristics of Criminal Law
1. General binding on all persons who live or sojourn (temp. stay) in Phil territory
Jurisdiction of civil courts is not affected by the military character of the accused
Civil courts have concurrent jurisdiction with general courts-martial over soldiers of the AFP
RPC or other penal law is not applicable when a military court takes cognizance of the case (Articles
of War applicable)
Jurisdiction of Military Courts:
- Service-oriented crimes or offenses (Art 54-70, 72-92, 95-97)
* Art 63: Disrespect toward the President, etc
* Art 64: Disrespect toward superior officer
* Art 96: Conduct unbecoming an officer and a gentleman
* Art 97: General Article
Offenders accused of war crimes are triable by military commission
Exceptions (Art 2, RPC: treaties and laws of preferential application; Art 14, NCC: subject to the
principles of public international law and treaty stipulations)
1. Treaties or treaty stipulations
* Bases Agreement granted US the right to exercise jurisdiction over certain offenses
* RP-US Visiting Forces Accord jurisdiction of US over US personnel esp. military
2. Law of preferential application
* RA No. 75 in favor of diplomatic representatives and their domestic servants (Sec 4,
exceptions Sec 5, 7)
3. Principles of public international law (diplomatic representatives)
Sovereigns and other chiefs of state
Ambassadors, ministers plenipotentiary, ministers resident, and charges daffaires
o Consul is not entitled to the privileges and immunities of an ambassador or minister
2. Territorial undertake to punish crimes committed within Phil territory
Art 2, RPC
Art 1, 1987 Constitution
National territory
- Philippine archipelago
- All islands and waters embraced therein
- All other territories over which the Philippines has sovereignty or jurisdiction
 - Terrestrial, fluvial, and aerial domains
- Territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas
- Waters around, between, and connecting the islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters
Exceptions: Art 2, RPC
3. Prospective cannot make an act punishable in a manner in which it was not punishable when committed.
Crimes are punished under the laws in force at the time of their commission.
Exception: whenever a new statute dealing with crime establishes conditions more lenient or favorable
to the accused retroactivity
o New law is expressly made inapplicable to pending actions or existing causes of action
o Offender is a habitual criminal
Repeal
Effects
1. If makes penalty lighter: new law applied
2. If makes penalty heavier: law in force at commission applied
3. If totally repeals (absolute repeal): act is no longer punishable, offense ceases to be
criminal; crime is obliterated; acquittal of accused
A person erroneously accused and convicted under a repealed statute may be punished under the
repealing statute, provided that the accused had an opportunity to defend himself against the
charge brought against him
A law which omits anything contained in the old law dealing on the same subject, operates as a
repeal of anything not so included in the amendatory act the reason for the law ceasing, the law
itself also ceases
Self-repealing law: Where an act expires by its own limitation, the effect is the same as though it
had been repealed at the time of its expiration, and thus deprives the courts to try, convict and
sentence persons charged with violation of the old law prior to the repeal
Construction of Penal Laws
1. Against the Government/State and liberally in favor of the accused
2. Spanish text as controlling because RPC was approved in its Spanish text
* English: when by reason or on occasion of the robbery the crime of homicide shall have been committed
(intentional); Spanish: it is sufficient that the homicide shall have resulted even if by mere accident
BOOK ONE: GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND THE APPLICATION OF THE
PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES
Preliminary Title: DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS CODE

Approved December 8, 1930

Took effect on Jan 1, 1932
Consists of 2 Books:
1. Book One
a. Basic principles affecting criminal liability (Arts. 1-20)
b. Provisions on penalties including criminal and civil liability (Arts. 21-113)
2. Book Two defines felonies with the corresponding penalties, classified and grouped under 14
different titles
ARTICLE 1. TIME WHEN ACT TAKES EFFECT
THIS CODE SHALL TAKE EFFECT ON THE FIRST DAY OF JANUARY, NINETEEN HUNDRED AND THIRTY-TWO.

Two Theories in Criminal Law

1. Classical Theory
a. Basis of criminal liability is human free will and the purpose of the penalty is retribution
b. Man is essentially a moral creature with an absolutely free will to choose between good and evil,
thereby placing more stress upon the effect or result of the felonious act than upon the man, the
criminal himself
c. Endeavored to establish a mechanical and direct proportion between crime and penalty
d. Scant regard to the human element
2. Positivist Theory
a. Man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong,
in spite of or contrary to his volition
b. Crime is essentially a social and natural phenomenon, and as much, it cannot be treated and checked by
the application of abstract principles of law and jurisprudence nor by the imposition of a punishment,
fixed and determined a priori; but rather through the enforcement of individual measures in each
particular case after a thorough, personal and individual investigation conducted by a competent body
of psychiatrists and social scientists
ARTICLE 2. APPLICATIONS OF ITS PROVISIONS
EXCEPT AS PROVIDED IN THE TREATIES AND LAWS OF PREFERENTIAL APPLICATION, THE PROVISIONS OF
THIS CODE SHALL BE ENFORCED NOT ONLY WITHIN THE PHILIPPINE ARCHIPELAGO, INCLUDING ITS
ATMOSPHERE, ITS INTERIOR WATERS AND MARITIME ZONE, BUT ALSO OUTSIDE OF ITS JURISDICTION,
AGAINST THOSE WHO:
1. SHOULD COMMIT AN OFFENSE WHILE ON A PHILIPPINE SHIP OR AIRSHIP;
2. SHOULD FORGE OR COUNTERFEIT ANY COIN OR CURRENCY NOTE OF THE PHILIPPINE ISLANDS
OR OBLIGATIONS AND SECURITIES ISSUED BY THE GOVERNMENT OF THE PHILIPPINE ISLANDS
3. SHOULD BE LIABLE FOR ACTS CONNECTED WITH THE INTRODUCTION INTO THESE ISLANDS OF
THE OBLIGATIONS AND SECURITIES MENTIONED IN THE PRECEDING NUMBER;
4. WHILE BEING PUBLIC OFFICERS OR EMPLOYEES, SHOULD COMMIT AND OFFENSE IN THE
EXERCISE OF THEIR FUNCTIONS; OR
5. SHOULD COMMIT ANY OF THE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF
NATIONS, DEFINED IN TITLE ONE OF BOOK TWO OF THIS CODE

1. Should commit an offense while on a Philippine ship or airship

Philippine vessel (by registration in Philippine Bureau of Customs, not ownership), although beyond 3
miles from the seashore, except when vessel or aircraft is in the territory of a foreign country.
Crimes committed on board a foreign merchant ship or airship not triable
Continuing offense on board a foreign vessel triable, provided it lands or is in our territory
Rules as to jurisdiction over crimes committed aboard foreign merchant vessels while in the territorial
waters
French not triable, unless the commission affects the peace and security of the territory or the
safety of the state is endangered
English triable, unless merely affecting things within the vessel or its internal management;
observed by the Philippines
* In foreign merchant vessel, homicide by a member of the crew against another: subject for
local jurisdiction
Crimes not involving a breach of public order committed on board a foreign merchant vessel in transit,
not triable * mere possession of opium; if Philippines is the terminal port, triable
No jurisdiction over offenses committed on board foreign warships in territorial waters warships are
always reputed to be the territory of the country to which they belong
2. Should forge or counterfeit any coin or currency note of the Philippine islands or obligations and
securities issued by the government of the Philippine islands
Forgery and counterfeit in a foreign country
3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the preceding number
As dangerous as the preceding paragraph to the economical interest of the country
4. While being public officers or employees, should commit and offense in the exercise of their functions
Direct bribery
Indirect bribery
Frauds against the public treasury
Possession of prohibited interest
Malversation of public funds or property
Failure of accountable officer to render accounts
Illegal use of public funds or property
Failure to make delivery of public funds or property
 Falsification by a public officer or employee committed with abuse of his official position
5. Should commit any of the crimes against national security and the law of nations, defined in title one of
book two of this code
Treason
Conspiracy and proposal to commit treason
Espionage
Inciting to war and giving motives for reprisals
Violation of neutrality
Correspondence with hostile country
Flight to enemys country
Piracy and mutiny on the high seas
Jurisdiction for Crimes Under Art 2: RTC
- RTC (formerly CFI)
Important phrases
1. Except as provided in the treaties and laws of preferential application
2. Its atmosphere: extension to all air space, subject to the right of way or easement in favor of foreign aircrafts
3. Interior waters: within 3-mile limit
4. Maritime zone: 3 miles from coastline starting from low-water mark; width at entrance is not more than 12
miles from headland to headland; straits less than 6 miles wide (outside is open sea)
Extra-territorial application of RA 9372 (Human Security Act of 2007)
o Embassy, consulate, diplomatic premises belonging to or occupied by the Philippine government
o Commission of crimes against Philippine citizens or persons of Philippine descent where citizenship or
ethnicity was a factor in the commission
o Commission of crimes directly against the Philippine government
Title One: FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
CHAPTER ONE: FELONIES
ARTICLE 3. DEFINITION
ACTS AND OMISSIONS PUNISHABLE BY LAW ARE FELONIES (DELITOS).
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.

Felonies
1. Act or omission
2. Punishable by the RPC
3. Means of dolo or culpa
Act any bodily movement tending to produce some effect in the external world, it being unnecessary that
the same be actually produced, as the possibility of its production is sufficient.
- Only external act is punished, internal acts are beyond the sphere of penal law
Omission inaction; the failure to perform a positive duty which one is bound to do
* Failure to render assistance to a person in an uninhabited place wounded or dying: abandonment
* Voluntary non-issuance of receipt in the collection of taxes
* Non-disclosure of knowledge of conspiracy
Punishable by law nullum crimen, nulla poena sine lege (there is no crime where there is no law punishing
it); punished by the RPC and not by a special law, vs crime and offense
Classification of felonies according to the means of commission: Intentional and Culpable
Intentional Felonies with deliberate intent (malice)
Culpable Felonies unintentional, only incidental (no malice)
Voluntariness of acts or omissions x force or intimidation
i. Basis of criminal liability is free will
ii. Man as a rational being
iii. Dolo: deliberate intent, thus voluntary; Culpa: consists voluntarily doing or failing
A. Felonies committed by means of dolo or with malice (Intentional)
1. Freedom while doing an act or omitting to do an act vs being a tool
2. Intelligence determination of morality of human acts
3. Intent (general) presumption from the commission; presupposes exercise of freedom and use of
intelligence; mental process only but is shown by overt acts
dolus = malice intent to do an injury to another
Necessity of criminal intent:
- 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
- Thus, absence of criminal intent is a defense against intentional felony
Presumption of criminal intent from the commission of unlawful act only
Presumption of criminal intent does not arise from commission of lawful act: actus non facit reum, nisi mens
sit rea (a crime is not committed if the mind of the person performing to act complained to be innocent)
B. Felonies committed by means of fault or culpa (Culpable) performed without malice
1. Freedom
2. Intelligence
3. Imprudence, negligence, or lack of foresight or skill
Ex: a person who caused an injury, without intention to cause an evil; x mistake in identity (unlawful act)
 Injury as unintentional but incidental of another act performed without malice
Duty to be cautious, careful, prudent
A. Imprudence deficiency of action, failure to take necessary precaution; lack of skill
B. Negligence deficiency of perception, failure to pay proper attention and use due diligence; lack of
foresight
Mistake of Fact misapprehension of fact on the part of the person who caused injury to another; no criminal
intent, relieves from criminal liability
- Not a defense for culpa (mistake of fact: lack of intent; culpable felony: no intent)
1. Act done would have been lawful had the facts been as the accused believed them to be
- Would have constituted:
a. A justifying circumstance Art 11
b. An absolutory cause
c. An involuntary act
2. Lawful intention in performing the act x error in personae or mistake in identity
3. Mistake must be without fault or carelessness on the part of the accused
x malice, x fault, lawful act done >> damage or injury no criminal liability
C. Crimes defined and penalized by special laws
- Intent is not necessary; intent to perpetrate the act is sufficient because the act is the crime itself
sufficiency of doing the prohibited act freely and consciously
- Act alone irrespective of its motives constitutes the offense because evil to society does not depend on the
mind in this case but on the effect of such act
- vs criminal cases requiring criminal intent: public is affected by the intention of the actor; public is affected
by the act itself
Mala in se criminal intent essential
- Wrongful from their nature; inherently immoral
- Intent governs
- Felonies defined and penalized by the RPC
* Theft, rape, homicide
Mala prohibita intentionality of doing the act
- Wrongful because prohibited by statute
- Rules of convenience to secure a more orderly regulation of societys affairs
- Has a law been violated?
- Acts made criminal by special laws
* Illegal possession of firearms
Motive
- Moving power which impels one to action for a definite result
- Vs. Intent purpose to use a particular means to effect such result
- Not an essential element of a crime
- Lack of motive does not necessary mean there was no crime
- Conscience is inaccessible
- Good motive does not prevent a crime * mercy killing
When identity of accused is in dispute or doubtful, motive needs to be established
When truth needs to be ascertained between 2 antagonistic theories
When identification of accused is from unreliable source and testimony is inconclusive
No eyewitness
Evidence merely circumstantial
- Established by the testimony of witnesses on the acts or statements of the accused before or
immediately after the commission of the offense
- Strong motive cannot take the place of proof beyond reasonable doubt
- Lack of motive may aid in showing innocence
ARTICLE 4. CRIMINAL LIABILITY
CRIMINAL LIABILITY SHALL BE INCURRED:
1. BY ANY PERSON COMMITTING A FELONY (DELITO) ALTHOUGH THE WRONGFUL ACT DONE BE
DIFFERENT FROM THAT WHICH HE INTENDED
2. BY ANY PERSON PERFORMING AN ACT WHICH WOULD BE AN OFFENSE AGAINST PERSONS OR
PROPERTY, WERE IT NOT FOR THE INHERENT IMPOSSIBILITY OF ITS ACCOMPLISHMENT OR ON
ACCOUNT OF THE EMPLOYMENT OF INADEQUATE OR INEFFECTUAL MEANS

1. By any person committing a felony (delito) although the wrongful act done be different from that which
he intended
1. Intentional felony committed
2. Wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed
by the offender
- One who commits an intentional felony is responsible for all the consequences which may naturally and logically
result therefrom whether foreseen or intended or not
- el que es causa de la causa es causa del mal causado (he who is the cause of the cause is the cause of the evil
caused)
Committing a felony not merely performing an act; specifically dolo; must not be punished by a special
law because the offender violating a special law may not have the intent to do an injury to another
Although the wrongful act done be different from that which he intended
A. Mistake in the identity of the victim (error in personae)
B. Mistake in the blow (aberration ictus) * lack of precision
C. Act exceeds the intent (praeter intentionem) injurious result is greater than that intended * hitting
to killing
Direct, natural, and logical consequences of the felony --- criminal liability
* Creation in anothers mind an immediate sense of danger, which causes the latter to do something
resulting in the latters injuries
* Victims removal of wound drainage which has been causing pain and restlessness
* Other causes cooperated in fatality but wound inflicted is dangerous
* blow as efficient cause of death esp. due to sickness present like tuberculosis
* blow accelerates death esp. when victim suffered internal malady
* Blow as proximate cause of death like when victim has a heart condition
* Offended partys refusal to submit to surgical operation
* Aggravation of injury by infection
No criminal liability:
* Injury would not have caused death in ordinary course and death was due to the malicious and careless
acts of the offended party or third person
* Intervention by active force between the felony committed and resulting injury
* Resulting injury is intentionally done by victim
* Consequences produced have resulted from a distinct act or fact absolutely foreign form the criminal act
Felony committed must be the proximate cause of the resulting injury
Proximate Cause cause which in natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without which the result would not have occurred
- Cause and effect relationship, not altered or changed because of pre-existing
conditions: pathological condition of victim; predisposition of offended party;
concomitant or concurrent conditions, such as: fault of doctors, conditions
supervening felonious acts (tetanus, infection, gangrene)
 A supervening event may be the subject of amendment of original information or of a new charge without
double jeopardy
2. By any person performing an act which would be an offense against persons or property, were it not for
the inherent impossibility of its accomplishment or on account of the employment of inadequate or
ineffectual means
Impossible Crimes indicative of the criminal propensity or criminal tendency of the actor; objectively
offender has not committed a felony, subjectively he is a criminal
1. Act performed would be an offense against persons or property
2. Act was done with evil intent
3. Its accomplishment is inherently impossible, or that the means employed is either inadequate or
ineffectual
4. Act performed should not constitute a violation of another provision of the RPC
Performing an act which would be an offense against persons or property offender intends to commit,
and the act performed would have been an offense against persons or property, but the felony is not
actually committed; with evil intent
Against persons: parricide, murder, homicide, infanticide, abortion, duel, physical injuries, rape
Against property: robbery, brigandage, theft, usurpation, culpable insolvency, swindling and other deceits,
chattel mortgage, arson and other crimes of destruction, malicious mischief
Were it not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means
a. Inherent impossibility of its accomplishment by its nature one of impossible accomplishment
A. Legal impossibility
B. Physical impossibility
b. Employment of inadequate means insufficiency of the means * poison
c. Employment of ineffectual means mistaking something for another
The act performed should not constitute a violation of another provision of the Code else, it will be
punished under that crime, not an impossible crime
ARTICLE 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
WHENEVER A COURT HAS KNOWLEDGE OF ANY ACT WHICH IT MAY DEEM PROPER TO 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 TO 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.

In connection with acts which should be repressed but which are not covered by the law contemplates a
trial of a criminal case requires the following:
1. Act committed by the accused appears not punishable by any law
2. But the court deems it proper to repress such act
3. In that case, the court must render the proper decision by dismissing the case and acquitting the accused
nullum crimen, nulla poena sige lege (no crime if there is no law that punishes the act)
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
In cases of excessive penalties not excessive when intended to enforce a public policy
1. 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/or
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 recommending executive clemency
Courts have the duty to apply the penalty provided by law
Judge has the duty to apply the law as interpreted by the SC, regardless of his sympathy or pity
When a strict enforcement of the provisions of this Code
- No application to the offense defined and penalized by a special law
- Based on taking into consideration the degree of malice
ARTICLE 6. CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES
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.

Development of Crime
1. Internal Acts ideas in the mind; not punishable; intention and effect must concur, but effect without
intention is a crime
2. External acts
i. Preparatory acts ordinarily not punishable (except: some conspiracies and proposals, possession of
picklocks
ii. Acts of execution punishable under the RPC
I. Attempted
II. Frustrated
III. Consummated
Consummated Felony all elements necessary for its execution and accomplishment are present
All the elements necessary for its execution and accomplishment are present every crime has its own
elements
* Homicide, death of victim absent: not consummated
* Taking of personal property from another, intent to gain is lacking: not committed
* Estafa, deceit or abuse of confidence is not proved: no crime, only civil liability
* Estafa, damage not proved: not consummated
* Robbery with violence against person, intent to gain not proved: another felony, grave coercion
* Forcible abduction, lewd designs not proved: another felony, kidnapping and serious illegal detention
Frustrated Felony 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
1. Offender performs all the acts of execution nothing more left to be done
2. All the acts performed would produce the felony as a consequence
3. Felony is not produced
4. By reason of causes independent of the will of the perpetrator if offender himself prevented the
consummation, not frustrated nor attempted, could be physical injuries only
In homicide or murder, the crime is consummated if the victim dies, else frustrated
If accused deliberately allows the victim to escape after firing at him: not frustrated but attempted
If accused thought he had killed the victim: frustrated
Mortal wounds but did not result to death: frustrated
Not mortal wound or no wound at all: attempted
No crime of frustrated theft, frustrated rape
Attempted Felony offender commences the commission of a felony directly by overt acts and does not perform
all the acts of execution (anything yet remained to be done) which should produce the felony by reason of some
cause or accident other than his own spontaneous desistance (if by reason of his own desistance, unpunishable but
should be made before all the acts of execution are performed)
 1. Offender commences the commission of the felony directly by overt acts (indicative of intent)
- External acts
- Direct connection with the crime intended to be committed
2. Does not perform all the acts of execution which should produce the felony
3. Offenders act is not stopped by his own spontaneous desistance
4. Non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance
Subjective phase 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; not passed in
attempted felonies
Frustrated Felony vs. Attempted Felony
- Both: offender has not accomplished the criminal purpose
- Frustrated: offender has performed all the acts of execution which would produce the felony as consequence
(reached objective phase; Attempted: offender merely commences the commission of a felony directly by
overt acts and does not perform all the acts of execution (not passed the subjective phase)
- Frustrated: no intervention between beginning of the consummation of the crime and the moment when all
of the acts have been performed; Attempted: presence of intervention, does not arrive at the point of
performing all of the acts
Attempted/Frustrated vs. Impossible Crimes
- Both: evil intent is not accomplished
- Imp: evil intent cannot be accomplished; A/F: evil intent is possible of accomplishment
- Imp: evil intent is inherently impossible of accomplishment or means employed is inadequate or ineffectual;
A/F: intervention, not offenders, prevented accomplishment
No attempted or frustrated impossible crime:
x attempted: performance of all acts of execution
x frustrated: acts performed are considered as constituting consummated offense
Determination of Whether the Crime is Attempted, Frustrated, Consummated
1. Nature of the offense
2. Elements constituting the felony
3. Manner committing the felony
a. Formal crimes consummated in one instant by a single act, no attempt because there is no chain of
acts that can be severed in any link
* Slander, false testimony, sale of marijuana and other prohibited drugs
b. Crimes consummated by mere attempt or proposal or by overt act
* Flight to enemys country, corruption of minors, treason as overt act (no attempt)
c. Felony by omission no attempted stage because there is no execution of acts
d. Crimes requiring the intervention of two persons to commit them are consummated by mere
agreement if one offers and the other refuses, attempted
* Betting in sport contests, corruption of public officer
e. Material crimes with 3 stages of execution
ARTICLE 7. WHEN LIGHT FELONIES ARE PUNISHABLE
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 (imprisonment from
1-30 days) or a fine not exceeding 200 pesos, or both, is provided
Slight physical injuries
Theft
Alteration of boundary marks
Malicious mischief
Intriguing against honor
Light felonies against person: Slight physical injuries and maltreatment
Light felonies against property:
* Theft by hunting or fishing or gathering, etc. upon an inclosed estate or field where trespass is forbidden
and value of thing stolen does not exceed 5.00
* Theft where the value of the thing stolen does not exceed 5.00 and the offender was prompted by hunger,
poverty, or the difficulty of earning a livelihood
* Alteration of boundary marks
* Malicious mischief where the damage is not more than 200.00 or if it cannot be estimated
ARTICLE 8. CONSPIRACY AND PROPOSAL TO COMMIT FELONY
CONSPIRACY AND PROPOSAL TO COMMIT FELONY ARE PUNISHABLE ONLY IN THE CASES IN WHICH THE
LAW SPECIFICALLY PROVIDES A PENALTY THEREFOR.
A CONSPIRACY EXISTS WHEN TWO OR MORE PERSONS COME TO AN AGREEMENT CONCERNING THE
COMMISSION OF A FELONY AND DECIDE TO COMMIT IT.
THERE IS PROPOSAL WHEN THE PERSON WHO HAS DECIDED TO COMMIT A FELONY PROPOSES ITS
EXECUTION TO SOME OTHER PERSON OR PERSONS.

Conspiracy and Proposal only preparatory acts and is regarded as innocent or permissible except in some cases
- In ordinary crimes, the State survives the victim and the culprit cannot find in the success of his work any
impunity; in crimes against external and internal security of the State, if the culprit succeeds in his criminal
enterprise, he would obtain the power and therefor impunity for the crime committed
Conspiracy as a Crime the act of one is the act of all; renders the conspirators as co-principals
- Arises on the very instant the plotters agree, expressly or impliedly, to commit the felony and forthwith
decide to pursue it
- Direct proof is not essential, interference from the collective acts of the accused; quantum of proof required
1. Two or more persons came to an agreement
2. Agreement concerned the commission of a felony
3. Execution of the felony is decided upon
Treason
Coup dtat, rebellion or insurrection
Sedition
Monopolies and combinations in restraint of trade
Indications:
- Defendants by their acts are aimed at the same object, one performing one part and the other performing
another, so as to complete it, with a view to the attainment of the same object
- Facts as apparently independent but in fact concerted and cooperative
- Unity of purpose, unity of execution of the unlawful objective
Proposal as a Crime
1. Person has decided/determined to commit a felony
2. He proposes its execution to some other person or persons
Treason
Coup dtat, rebellion, or insurrection
Not necessary that the person to whom the proposal is made agrees to commit treason or rebellion
ARTICLE 9. GRAVE FELONIES, LESS GRAVE FELONIES, AND LIGHT FELONIES
GRAVE FELONIES ARE THOSE TO 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 PENLATIES WHICH IN THEIR
MAXIMUM PERIOD ARE CORRECTIONAL, 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.

Grave Felonies
Capital punishment: death penalty
Afflictive Penalties:
Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor
Less Grave Felonies
Correctional Penalties:
Prision correccional
Arresto mayor
Suspension
Destierro
ARTICLE 10. OFFENSES SUBJECT TO THE PROVISIONS OF THIS CODE
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.

Penal Code is not intended to supersede special penal laws special legal provisions prevail over general ones
Special Laws penal law which punishes acts not defined and penalized in the Penal Code
Provisions of the RPC on penalties cannot be applied to offenses under special laws * attempted and frustrated,
accomplices and accessories
Where the special law adopted penalties from the RPC, the rules for graduating penalties by degrees or
determining the proper period should be applied (Indeterminate Sentence Law)
Art 6 of RPC cannot be applied to offenses punished by special laws
The special law has to fix penalties for attempted and frustrated crimes only punishes consummated crimes
and punishment cannot be imposed on attempted and frustrated
- When a special law covers the mere attempt to commit the crime defined by it, the attempted stage is
punishable by the same penalty provided by that law
Art 10 not applicable to punish an accomplice under the special law
No accessory penalty unless the special law provides therefor
Plea of guilty is not mitigating in illegal possession of firearms punished by special law
Aggravating circumstances cannot be appreciated in offenses punished by special laws
Supplementary supplying what is lacking; additional esp. when special law is silent
* Indemnity and subsidiary imprisonment in the RPC applied to violation of Motor Vehicle Law
* Art 12, par 3 of RPC applied to minor over 9-yo but less than 15-yo who violated a special law
Circumstances affecting criminal liability:
1. Justifying circumstances (Art 11)
2. Exempting circumstances (12), and other absolutory causes (20, 124, last par 280, last par 332, 344, etc.)
3. Mitigating circumstances (13)
4. Aggravating circumstances (14)
5. Alternative circumstances (15)
Imputability quality by which an act may be ascribed to a person as its author or owner; implies that the act
was freely and consciously done
Responsibility obligation of suffering the consequences of crime; obligation of taking the penal and civil
consequences of the crime
Guilt element of responsibility
Justifying circumstances act is in accordance with law thus free from criminal and civil liability (except par 4);
no crime, no criminal, no liabilities

ARTICLE 11. JUSTIFYING CIRCUMSTANCES

THE FOLLOWING DO NOT INCUR ANY CRIMINAL LIABILITY:
1. ANYONE WHO ACTS IN DEFENSE OF HIS PERSON OR RIGHTS, PROVIDED THAT THE FOLLOWING
CIRCUMSTANCES CONCUR:
FIRST. UNLAWFUL AGGRESSION;
SECOND. REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR REPEL
IT;
THIRD. LACK OF SUFFICIENT PROVOCATION ON THE PART OF THE PERSON
DEFENDING HIMSELF.
2. ANYONE WHO ACTS IN DEFENSE OF THE PERSON OR RIGHTS OF HIS SPOUSE, ASCENDANTS,
DESCENDANTS, OR LEGITIMATE, NATURAL, OR ADOPTED BROTHERS OR SISTERS, OR OF HIS
RELATIVES BY AFFINITY IN THE SAME DEGREES, AND THOSE BY CONSANGUINITY WITHIN THE
FOURTH CIVIL DEGREE, PROVIDED THAT THE FIRST AND SECOND REQUISITES PRESCRIBED IN THE
NEXT PRECEDING CIRCUMSTANCE ARE PRESENT, AND THE FURTHER REQUISITE, IN CASE THE
PROVOCATION WAS GIVEN BY THE PERSON ATTACKED, THAT THE ONE MAKING DEFENSE HAD NO
PART THEREIN.
3. ANYONE WHO ACTS IN DEFENSE OF THE PERSON OR RIGHTS OF A STRANGER, PROVIDED THAT THE
FIRST AND SECOND REQUISITES MENTIONED IN THE FIRST CIRCUMSTANCE OF THIS ARTICLE ARE
PRESENT AND THAT THE PERSON DEFENDING BE NOT INDUCED BY REVENGE, RESENTMENT OR
OTHER EVIL MOTIVE.
4. ANY PERSON WHO, IN ORDER TO AVOID AN EVIL OR INJURY, DOES AN ACT WHICH CAUSES DAMAGE
TO ANOTHER, PROVIDED THAT THE FOLLOWING REQUISITES ARE PRESENT:
FIRST. THAT THE EVIL SOUGHT TO BE AVOIDED ACTUALLY EXISTS
SECOND. THAT THE INJURY FEARED BE GREATER THAN THAT DONE TO AVOID IT.
THIRD. THAT THERE BE NO OTHER PRACTICAL AND LESS HARMFUL MEANS OF
PREVENTING IT.
5. ANY PERSON WHO ACTS IN THE FULFILLMENT OF A DUTY OR IN THE LAWFUL EXERCISE OF A
RIGHT OR OFFICE.
6. ANY PERSON WHO ACTS IN OBEDIENCE TO AN ORDER ISSUED BY A SUPERIOR FOR SOME LAWFUL
PURPOSE.

Burden of proof is on the accused

Rights in self-defense: life, property, honor
Reason why penal law makes self-defense lawful:
 - Mans natural instinct to protect, repel, and save his person or rights from impending danger or peril,
impulse of self-preservation
- Impossibility for the State to prevent aggression and protect citizens and unconceivable for the State to
require the person to succumb to unlawful aggression without resistance
- Exercise of right, act of social justice done to repel the act of aggression
1. Self-Defense
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. Lack of sufficient provocation on the part of the person defending himself
FIRST. Unlawful Aggression indispensable requisite; condition sine qua non
- Must be unlawful and not merely the fulfillment of a duty or the exercise of a right (*owner of thing with the
right to exclude any person from the enjoyment and disposal thereof; husband with right over the paramour)
in a more or less violent manner (lawful)
- Assault or at least threatened (offensive and positively strong) assault of an immediate and imminent kind
- Peril to ones life, limb, or right is either actual or imminent
- There must be actual physical force or actual use of weapon
- Presupposes an actual, sudden, and unexpected attack, or imminent danger thereof, and not merely a
threatening or intimidating attitude
- Attack that has actually broken out or materialized or at the very least is clearly imminent
- x oral threats, threatening stance or posture, light push on the head with the hand, belief of an impending act,
foot-kick greeting, retaliation
- vs. Retaliation aggression begun by the injured party already ceased to exist when the accused attacked (SD
aggression still existing)
* Slap on the face face represents a person and his dignity, willful disregard of an individuals personality,
danger on persons dignity, rights, and safety
* Aggression which is ahead of the stipulated time and place
Attack made by deceased and the killing of the deceased by defendant should succeed/ be simultaneous to
each other without appreciable interval of time
When the killing of the deceased by the accused was after the attack made by the deceased, the accused
must have no time nor occasion for deliberation and cool thinking
Unlawful aggression must come from the person who was attacked by the accused
A public officer exceeding his authority may become an unlawful aggressor
Nature, character, location, and extent of wound of the accused allegedly inflicted by the injured party may
belie claim of self-defense
* Many wounds inflicted on the deceased: not self-defense
Improbability of the deceased being the aggressor belies the claim of self-defense
The fact that the accused declined to give any statement when he surrendered to a policeman is inconsistent
with the plea of self-defense
Flight after commission of crime, evidentiary of guilt, incompatible with self-defense
Physical fact may determine whether the accused acted in self-defense
When the aggressor flees, unlawful aggression no longer exists, danger or risk disappears
Retreat to take more advantageous position: unlawful aggression still continuing
No unlawful aggression when there is agreement to fight: aggression is reciprocal, each of the protagonists
is at once assailant and assaulted and neither can invoke the right of self-defense
One who voluntarily joined a fight cannot claim self-defense
Rule: ancient common law: retreat to the wall stand ground when in the right
How to determine the unlawful aggressor:
 - Person who was deeply offended by the insult one who believed he had a right to demand explanation
of the perpetrator of that insult one who struck first blow when he was not satisfied with the
explanation offered
- X accused had greater motive had greater motive for committing the crime on the ground that the
deceased was already sufficiently punished
Unlawful aggression in defense of other rights
* Attempt to rape a woman defense of right to chastity
* Defense of property
* Defense of home
Belief of the accused may be considered in determining the existence of unlawful aggression
* Accused thought toy gun aimed at him was a real pistol
SECOND. Reasonable necessity of the means employed to prevent or repel it.
- To be liberally construed in favor of law-abiding citizens
- When the one defending himself is a peace officer in performance of his duty: represents the law which
he must uphold, his duty requires him to overcome his opponent (vs. private individual: prevent or repel
an aggression)
1. Necessity of the course of action taken by the person making a defense
a. Place and occasion of the assault
b. Darkness of the night and the surprise which characterized the assault
X necessity:
- Aggressor ran away
- Success in disarming aggressor
- No attempt to draw weapon
2. Necessity of the means used person defending is not expected to control his blow
a. Nature and quality of the weapon used
i. There was no other means
ii. If there was other means, the one making a defense could not coolly choose the less deadly
weapon to repel the aggression
b. Physical condition, character, size
c. Other circumstances
- Both must be reasonable depending upon the circumstances
THIRD. Lack of sufficient provocation on the part of the person defending himself
No provocation at all given to the aggressor by the person defending himself
Not sufficient provocation
Sufficient provocation, but not given by the person defending himself
Provocation given by the person defending himself, but not proximate and immediate to the aggression
- Sufficient = proportionate to the act of aggression and adequate to stir the aggressor to its commission
Battered Woman Syndrome as a Defense no criminal and civil liability notwithstanding absence of any of the
elements for justifying circumstances of self-defense in RPC; incomplete self-defense
- Understanding of the justifiably fearful state of mind of a person who has been cyclically abused and
controlled over a period of time
- Battered woman a woman who is repeatedly subjected to any forceful physical or psychological behavior
by a man in order to coerce her to do something he wants her to do without concern for her rights; include
wives or women in any form of intimate relationship with men; couple must go through the battering cycle
at least twice
- Cycle of violence:
1) Tension-building phase minor battering (verbal or slight physical abuse or hostility)
2) Acute battering incident brutality, destructiveness, and sometimes death
 3) Tranquil, loving (or, at least, nonviolent) phase experience of profound relief
- Effect of battery on appellant: cyclical nature of the violence inflicted upon the battered woman immobilizes
the latters ability to act decisively in her own interests, making her feel trapped in the relationship with no
means of escape
2. Defense of Relatives by humanitarian sentiment and impulse of blood
Spouse
Ascendants
Descendants
Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees
Relatives by consanguinity within the fourth civil degree
--- Else, stranger
Unlawful aggression can be made to depend upon the honest belief of the one making the defense
In case the provocation was given by the person attacked that the one making defense had no part therein
- Fact that relative defended gave the provocation, immaterial
As long as not induced by revenge, resentment, evil motive, or hatred
3. Defense of Stranger actuated by a disinterested or generous motive
That the person defending be not induced by revenge, resentment or other evil motive.
4. Avoidance of Greater Evil or Injury only paragraph with civil liability (borne by the persons benefited)
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
Damage to another injury to persons, damage to property, against honor
#2: greater evil should not be brought about by the negligence or imprudence of the actor
#2: evil which brought about the greater evil must not result from a violation of law by the actor
5. Fulfillment of duty or lawful exercise of right or office
1. that the accused acted in the performance of a duty or in the lawful exercise of a right or office
2. that the injury caused or offense committed be the necessary consequence of the due performance of
such duty of the lawful exercise of such right or office.
* Shooting of offender refusing to surrender: justified
* Shooting of thief refusing to be arrested: not justified, exceeds
Vs. Self-defense unlawful aggression may have ceased to exist
- Public officer may appear to be an aggressor, lawful aggression
The actual invasion of property may consist of a mere disturbance of possession or of a real disposition
appropriate force may be used against it at any time as long as it continues, even beyond the
prescriptive period for an action of forcible entry
6. Obedience to an order issued for some lawful purpose
1. Order has been issued by a superior
2. Such order must be for some lawful purpose
3. Means used by the subordinate to carry out said order is lawful
Subordinate is not liable for carrying out an illegal order of his superior, if he is not aware of the
illegality of the order and he is not negligent