Article 1. time when act takes effect.
- This archipelago, including its atmosphere,
code shall take effect on the first day of
January, 1932
Article 2. Application if 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 presiding number;
4. While being public officers or
employees, should commit an 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.
A. The Phil Govt should be called
Government of the Philippines
B. The country should be referred to as
Republic of the Philippines
C. Two Scopes of application
1. Intra-terriotorial - RPC shall be
enforced within the Philippine
interior waters and maritime zone
2. Extraterritorial - enumerated in 2nd
paragraph; to be enforced outside
Philippine jurisdiction
D. ‘except as provided in treaties and laws
of preferential application’ mean?
- under international laws, sovereigns and
heads of states and their official
representatives enjoy immunity from suits
E. Who are entitled to immunity and on what
basis?
- main yardstick in asserting whether a
person is a diplomat entitled to immunity
is the determination of whether or not he
performs duties of diplomatic nature
F. What international principle forms the
basis for granting immunity for diplomatic
heads?
- under the maxim, par in parem, non habet
imperium, all states are sovereign equals
and cannot assert jurisdiction over one
another
G. limitations of immunity principle
- doctrine of immunity from suit will not
apply and may not be invoked where the
public official is being sued in his private
and personal capacity as an ordinary
citizen
H. Does immunity from suit include that for
defamation?
- a public official may be liable in his
personal capacity for whatever damage
he may have caused by his act done with
 malice or in bad faith or beyond the scope
of his authority or jurisdiction
I. What is philippine airship or ship? how is
jurisdiction over crimes committed
therein determined?
- A philippine ship or airship is one that is
duly registered and under the philippine
laws
- when a merchant ship of philippine
nationality is within the territory of another
country, the jurisdiction is generally with
that foreign state because penal laws are
primarily territorial in application BUT if
the foreign state will not take cognizance,
the philippines can assume jurisdiction
J. Two recognized rules on jurisdiction over
merchant vessels
1. English Rule - host country has
jurisdiction over crimes committed in the
vessel unless they involve the internal
management of the vessel (we observe
the ER)
2. French Rule - host country has no
jurisdiction over such crimes unless the
crime disturbs that peace and order of
the host country
K. Who are the public officers and
employees meant in art. 2?
- public officers and employees of the
philippine government when the crime is
related to the exercise of their office
L. Crimes against national security and the
law of nations
- treason, espionage, provoking war,
disloyalty in case of war, piracy, mutiny
- rebellion not included because it is crime
against public order
Article 3. Definitions. Acts and omissions
punishable by law are felonies.
Felonies are committed not only by
means of deceit by but also by means of
fault.
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.
A. What are felonies?
- felonies are acts or omissions punishable
under the RPC
B. How are felonies committed?
They are committed either by means of:
1. dolo (deceit) - when act is performed
with deliberate intent/is malicious. has
intention to cause injury.
***the acts or omissions are voluntary
***requisites of dolo/malice
• must have freedom while doing the act
• must have intelligence while doing the
act
• must have the intent to the do the act
***Criminal Intent - is necessary in crimes
committed by dolo; a will to commit a crime
always exist;
***Absence of criminal liability is a defense;
there is no felony if there is no intent
***Dolo not required in crimes punished by
special laws
2. culpa (fault) - unintentional; incident of
another act performed without malice;
results from imprudence, negligence and
lack of foresight
***reason for punishing acts of negligence
or culpa
• man must use common sense and
exercise due reflection in all his acts
***the acts or omissions are voluntary
***Absence of Criminal intent is replaced by
negligence and imprudence
***Mistake of Fact - ignorance or mistake of
fact relieves the accused from criminal
liability (ignorantia facti excusat)
C. Elements of intentional felonies (dolo)
and of culpable felonies (culpa)
1. Dolo: Freedom of action, Intelligence
and Intent
2. Culpa: Freedom of Action, Intelligence
and Negligence, imprudence, lack of
foresight, lack of skill
D. which kind of felony is the principle ‘act
cannot be criminal unless the mind is
criminal’ relevant?
- intentional (dolo) felonies: to constitute a
crime the act must be accompanied by a
criminal intent
E. What is intent?
- the use of a particular means to bring
about desired result
F. What is the rule on the existence of
intent?
1. intent cannot be presumed but must be
established
2. if not established, then only physical
injuries will be charged
3. when intent is lacking, but wounds
inflicted, the crime is only physical
injuries
G. How is intent manifested?
1. intent is a mental state which cannot be
seen
2. can only be demonstrated by the overt
acts of a person
3. it is to be presumed that the crime was
committed with full knowledge and with
criminal intent
4. Dolo is not required in crimes punished
by special laws
H. May crime be committed without criminal
intent?
The law has divided crimes into two
instances
1. mala in se - there must be criminal
intent; have serious effects on society as
to call for almost unanimous
condemnation of its members; wrongful
in nature e.g. rape, theft, homicide
***when acts are immoral
***intent governs
2. mala prohibita - violations of mere rules of
convenience designed to secure a more
orderly regulation of the affairs of society;
wrong merely because prohibited by statute,
such as illegal possession of firearms
***fact that the positive law forbids them
I. What is motive?
- the power or force which impels a person
to commit acts toward a desired result
- motive is generally immaterial (as an
evidence)
- motive may be vengeance or the desire to
vindicate a wrong committed against the
accused which moved him to kill the
victim
- motive will not give rise to criminal liability
because so long as there are no overt
acts, no crime is committed
J. Motive becomes material when:
1. the act brings variant crimes
2. there is doubt whether the accused
committed the crime; or the identity of
the accused is doubtful
3. the evidence on the commission of the
crime is purely circumstantial
4. the evidence of guilt of the accused is
inconclusive
K. Factors that affect intent and
consequently the criminal liability of the
actor or offender
1. Mistake of fact - facts been true to the
belief of the offender; no criminal intent;
there is no criminal liability, provided that
the ignorance or mistake of fact was not
due to negligence or bad faith
2. aberratio ictus - the offender intend the
injury on one person but the harm fell on
another (there are 3 persons present:
the intended victim, the actual victim &
the offender); increases criminal liability
3. error in personae - mistake in the
identity of the offender but criminal
liability is not negatived because intent is
present (there are 2 persons involved:
the actual victim, the offender)
4. praeter intentionem - actual crime is
greater than intended (disparity between
intended felony & actual felony);
mitigating
5. proximate cause - produces the injury
and without which the result would not
have occured; results to criminal liability
to the actor whether acting with intent or
thru negligence
L. Reckless imprudence and Malice
- Reckless imprudence is an act from
which material damage results by reason
of an inexcusable lack of precaution on
the part of the person
- Malice is the anti-thesis of reckless
imprudence
M. Can negligence and conspiracy co-exist?
- No. Negligence presupposes lack of
intent while conspiracy denotes the
purpose or intention of committing a crime
N. Define intelligence
- Intelligence is the capacity to understand
what is right and what is wrong
- discernment is relevant to intelligence and
not to intent
- whether resulting felony is intentional or
culpable, discernment is an element
O. What is the effect when intelligence is
lacking?
1. diminished for minors over 15 but not
under 18 (effect is to mitigate criminal
liability
2. completely lacking for minors 15 and
below (there is exception from criminal
liability)
3. insane or imbecile
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 an account of the
employment of inadequate or ineffectual
means.
A. Compare Article 3 & 4
- Article 3 defines how felonies are
committed; Article 4 is about who
commits a felony
B. Who are liable for felonies?
Two classes of offenders
1. those commit a felony (delito) although the
wrongful act done is different from that
intended
2. those who do not actually commit a felony
but perform an act which would be an
offense against persons or property were it
not for the inherent impossibility of its
accomplishments or on account of the
employment of inadequate or ineffectual
means
C. Does the clause ‘by any person committing a
felony (delito)’ refer only to intentional felony?
- No. because under Art. 3, delitos are
committed either by dolo or culpa
- the elements here: (a) felony is committed &
(b) the wrong done must be the direct, natural
and logical consequence of the felony
committed
D. What is the rule of proximate cause?
1. anyone who inflicts injury voluntarily and
with intent is liable for all the consequences
of his criminal act
2. when a person causes belief in the mind of
another making the latter to act in a manner
fatal him, the former will be liable that act of
endangering such a belief
3. even if there is no intent to kill on the part of
the offender, he may be liable for homicide
E. What is impossible crime?
1. the offender is a potential criminal
2. where the acts performed would have been
a crime against persons or property but
which is not accomplished because of its
inherent impossibility or because of the
employment of inadequate or ineffectual
means
F. Two kinds of inherent impossibility
1. Legal impossibility - the intended acts, even
if completed would not amount to a crime
e.g. stealing property from a thief
2. Factual or physical impossibility - occurs
when extraneous circumstances unknown to
the actor is beyond his control to prevent the
consummation of the intended crime e.g
stealing from a vault which turned out to be
empty
G. Is impossible crime a crime?
-No. Because, objectively, no crime has been
committed.
H. Then why is impossible crime punished?
- purpose is to suppress lawlessness
- the rationale is to punish such criminal
tendencies
- subjectively, the offender is a criminal
although objectively no crime has been
committed
I. Is there impossible crime of rape?
- Yes. if a person would rape one who
unknown to him has just died, he commits the
impossible crime.
J. Should the offender know the impossibility of
the crime?
- no, because subjectively he intends to commit
an unlawful act. if offender has intent to kill
and he knew that the victim is already dead,
he would not intent to kill the dead.
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.
A. What is the proper decision for a tried case
for an act which is not yet punishable by
law?
- the court shall render a decision of acquittal
or order the dismissal of the case
- because article 21 prohibits the imposition of
penalty not prescribed by law
- because article 22 prohibits retroactivity of
penal laws; and the constitutional prohibition
on ex post facto law
B. What is the duty of the court when the penalty
prescribed for a felony is excessive?
- court shall call the attention of the president
C. May the court prevent the grant of pardon to
a convict?
- No. it is the presidents prerogative whether or
not to grant a pardon subject to the limitations
imposed by the constitution
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 or over acts, and does not perform
all the acts of execution which should
produce the felony by reason of some cause
or accident other than this own spontaneous
desistance.
A. When is a felony consummated?
- a felony is consummated when all the acts
necessary for its accomplishment and
execution are present
B. What are formal crimes?
- formal crimes (physical injuries, slander) are
always consummated because the offender
cannot perform all the acts necessary to
execute the offense without consummating it
C. When is a felony frustrated?
- felony is frustrated when the offender
performs all the acts which would produce the
felony as a consequence, but the felony was
not produced by reason of causes
independent of the will of the perpetrator
D. What crimes cannot be committed in the
frustrated stage?
1. Rape. no matte how slight the penetration,
the felony was consummated.
2. Arson. the moment burning occurs, even a
small portion only, the offense is
consummated
3. Corruption. when the offer is accepted, it is
consummated; but when rejected , the
offense is attempted because the offender
was not able to perform all the acts of
execution as he failed to persuade the public
officer
4. Adultery. same principle in rape applies
5. Theft and robbery. apoderamiento (the
element of taking; the act of depriving another of his
is complete from the
possession or dominion)
moment offender gains possession of the
think
E. When is felony attempted?
- felony is attempted when the offender
commences the commission of an offense
directly by overy 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
F. Overt acts
- acts performed to execute the criminal
intention
- external acts which if continued will logically
result in a felony
G. Preparatory acts
- acts which require another act so that a felony
will result
- ordinarily they are not punishable
H. What is required for the ‘overt act’ to be
considered an attempt of a felony?
- the overt act must be directly related to the
offense committed
I. Stages of Execution
1. Attempted/Subjective stage - exists up to the
time when the offender still has control of his
acts
2. Objective Stage - stage of crime which is
either frustrated or consummated
J. Desistance
- act of discontinuing the execution of the
felony which will negative criminal liability of
the offender when done during the attempted
stage
K. Attempted & Frustrated Felonies
1. acts of execution
attempted: not all acts of execution had
been done;
frustrated: all acts of execution had been
done
2. causes of non-accomplishment
attempted: felony was not produced by
reason of cause or accident other than the
offender’s own spontaneous desistance;
frustrated: independent of the will of the
perpetrator
3. attempted: still in subjective stage;
frustrated: objective stage
4. attempted: necessarily included in the
frustrated stage
5. BOTH, intent is inherent for the offender has
commenced the commission of the felony
but was unsuccessful because of the causes
independent of the will of the perpetrator or
other than his own spontaneous desistance.
there is no attempted or frustrated culpa.
6. e.g. attempted homicide: wound is not
mortal, hence offender needs to deal
another blow but was unable to because of
some cause of accident
frustrated homicide: wound is mortal,
sufficient to bring death
L. What separates attempted from frustrated
homicide/murder?
- where the wound inflicted on the victim is not
life threatening, the accused not having
performed all the acts of execution that would
have brought about death, the crime is only
attempted.
M. Compare frustrated and consummated
felonies
1. all acts of execution has bene done; both
are in the objective phase
2. frustrated: desire was not accomplished
consummated: purpose was accomplished
3. frustrated: included in consummated
Article 7. When light felonies are punishable. —
Light felonies are punishable only when they
have been consummated, with the exception
of those committed against person or
property.
A. What are light felonies? When are they
punishable?
1. Light felonies are those infractions of law
penalized with arresto menor (imprisonment
from 1 day to 30 days) or a fine not
exceeding 200 pesos e.g. slight physical
injuries, theft, alteration of boundary marks,
malicious mischief, intriguing against honor
2. they are punishable: (a) only when
consummated; (b) as an exception, in all
stages when committed against the persons
or against property
B. Who are punishable in light felonies?
- only the principals and the accomplices are
liable
- accessories are not punishable because they
are penalized two degree lower than the
principal or two degrees below arresto menor
which is non-existent
Article 8. Conspiracy and proposal to commit
felony. — Conspiracy and proposal to
commit felony are punishable only in the
cases in which the law specially 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.
A. What is conspiracy?
- there is conspiracy when two or more persons
come to an agreement concerning
commission of a felony and decide to commit
it.
B. What quantum proof is required for
conspiracy?
- same degree of proof required for
establishing a crime
- basis of conviction is the same manner as the
criminal act
- uphold the fundamental principle that no one
shall be found guilty of a crime except upon
proof beyond reasonable doubt
C. Does the finding of conspiracy require direct
proof?
- No. Proof that accused acted in concert, each
of them doing his part to fulfill the common
design to kill the victim will suffice to support a
conviction
- conspiracy may be deduced from the acts of
the appellants
- inducement may be by command, advice, or
through influence or agreement for
consideration
D. What is necessary for the conspirator and co-
conspirator to do to be liable for conspiracy?
1. there is intentional participation
2. conspirator should perform some overt act.
The overt act may consist of: (a) active
participation of the actual commission of the
crime or (b) exert moral assistance
E. Can conspiracy co-exist with culpa?
- No, for conspiracy presupposes the existence
of malice
F. Two Concepts of conspiracy
1. Conspiracy as a crime by itself - the crime
subject of conspiracy is not yet committed
but the mere act of conspiring is defined and
punished as a crime
2. As a means of incurring criminal liability -
conspiracy then will be a means of incurring
criminal liability for the acts of others. under
this, distinction shall be made between: (a)
conspiracy where there is actual pre-
agreement or planning stage, and (b)
implied conspiracy.
G. Kinds of conspiracy as a means of
committing a crime
1. conspiracy by prior agreement on how to
commit the crime - conspirator is liable as
long as he appeared in the scene of the
crime (except when he is the mastermind
who is liable whether he appears or not)
2. implied conspiracy - offenders acted in
concert during the commission of the crime;
the agreement to pursue a common design
and united purpose was instantaneous;
essential that liability the conspirator
participated in the commission of the crime
H. In conspiracy by pre-agreement who should
be liable for a second unplanned crime?
The liability of the conspirators is only for the
crime agreed upon; an unplanned crime
committed will be the liability only of the one
who committed it. except when:
1. when the other crime was committed in their
presence and they did not prevent it
2. when the other crime is the natural
consequence of the crime planned
3. when the resulting crime was a composite
crime.
I. Implied conspiracy
- deduced from the mode and manner in which
the offense was committed
- converted acts of the parties to achieve the
same objective signify conspiracy
- the co-conspirator must do an act which
shows his unity of purpose and design with
the other offenders; mere presence during the
scene of the crime and mere knowledge
about the crime is not enough to constitute
one party to the conspiracy
J. Is it necessary for the co-conspirators to
perform equally each and every part of the acts
constituting the offense?
- No. ‘The act of one then becomes the act of
all’ (conspiracy is established and all who participated
are liable equally) and each of them will be
deemed equally guilty as co-principals of the
crime committed.
- as long as they played their parts for the
realization of the crime, they are equally liable
K. May a co-conspirator be acquitted while the
others convicted?
- Yes. conspiracy is only a means by which a
crime is committed; the mere act of conspiring
is not by itself punishable
L. Two structures of multiple conspiracies?
1. ‘the wheel or circle’ - single person or group
(the hub) dealing with 2 or more other
persons or groups (the spokes)
2. ‘the chain’ involves distribution of narcotics
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 Art.
25 of this Code.
Less grave felonies are those which the law
punishes with penalties 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 a penalty of arrest
menor or a fine not exceeding 200 pesos or
both; is provided.
A. How are felonies classified as to severity?
1. Grave Felonies - penalized by capital
punishment or afflictive penalties in any of its
period. afflictive penalities cover, prison
mayor, disqualification, reclusion temporal
and reclusion perpetua
2. Less grave felonies - punished with
penalties which in their maximum period are
correctional
3. Light felonies - punished with arresto menor
or a fine not exceeding P200
Article 10. Offenses not 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.
the general rule is that special laws are not
subject to the provisions of the RPC
A. What are special laws?
- they are laws that define and penalize crimes
not included in the RPC
B. What is the relationship between dolo and
special laws?
- dolo is not required in crimes punished by a
special statute because it is the act alone,
irrespective of the motives which constitute
the offense
C. When is the RPC suppletory to special laws?
1. whenever the special law uses the
nomenclature of penalties in the RPC,
indicating the intent of congress to make the
code apply suppletorily to such special laws
2. unless, the special law, though using the
code’s nomenclatures, specially provide that
it shall not be supplementary to such laws
D. What principles of the RPC are applicable ti
special penal laws?
1. Parel - concerned with application of art 22
to violations of act 3030 (election law)
2. Ponte - application of art 17 with
participation of principals in the commission
of the crime of misappropriation of public
funds
3. Bruhez - art 45 with reference to confiscation
of instruments used (opium law)