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Artemis Notes- Criminal Law 1

CRIMINAL LAW (definition) EXCEPTIONS:


 branch or division of law which defines crimes, a) Treaty stipulations
treats of their nature, and provides for their b) Laws of preferential application
punishment. c) Principles of Public International Law.
CRIME The following persons are exempted:
 an act committed or omitted in violation of a a. Sovereigns and other chief of state
public law forbidding or commanding it. b. Ambassadors, minister
2 INJURIES: plenipotentiary, minister resident and
 against person- personal injury, civil indemnity charges d’affaires.
 aginst the state- imprisonment, social injury for  Consuls, vice-consuls and
disturbance of peace other commercial
KINDS OF CRIME representatives of foreign
a) FELONY- punishable by the RPC nation cannot claim the
b) OFFENSE- punished by Special Penal Laws privileges and immunities
c) ACTS/ INFRACTIONS- punished by ordinances, accorded to ambassadors and
local legislation ministers.
Limitation on the power of the lawmaking body to 2. Territoriality
enact penal legislation under 1987 Constitution:  penal laws of the country have force
1. No Ex Post Facto Law or Bill of Attainder shall and effect within its territory.
be enacted (Art. III, Sec.22)
2. No person shall be held to answer for a criminal EXCEPTIONS: (Art. 2, RPC) i.e., enforceable
offense without due process of law (Art. III, Sec. even outside Philippine territory.
14[1]) 1) Offense committed while on a Philippine
3. No to infliction of cruel punishments ship or airship
2) Forging or counterfeiting any coin or
Ex Post Facto Law is one which: currency note of the Philippines or
 Makes criminal an act done before the passage obligations and securities issued by the
of the law Government.
 Aggravates a crime, or makes it greater than it 3) Introduction into the country of the above-
was mentioned obligations and securities.
 Changes the punishment and inflicts a greater 4) While being public officers or employees
punishment should commit an offense in the exercise
 Alters legal rules of evidence, and authorizes of their functions.
conviction upon less or different testimony than 5) Should commit any of the crimes against
the law required national security and the law of nations
 Assumes to regulate civil rights and remedies defined in Title One of Book Two.
only
 Deprives a person accused of crime some lawful EXCEPTION TO THE EXCEPTION:
protection to which he has become entitled  Penal laws ARE NOT applicable within or
without Philippine territory if so provided in
Bill of Attainder – is a legislative act which inflicts treaties and laws of preferential application.
punishment without trial. Its essence is the substitution (Art.2, RPC)
of a legislative act for a judicial determination of guilt.
3. Prospectivity
Legal basis for inflicting punishment
 The power to punish violators of criminal law  GENERAL RULE: Penal laws cannot
comes within the police power of the State. It is make an act punishable in a manner in
the injury inflicted to the public which a criminal which it was not punishable when
action seeks to redress, and not the injury to the committed.
individuals EXCEPTION: (it may be applied
retroactively)
CHARACTERISTICS OF CRIM LAW  When the new law is favorable
1. GENERAL to the accused.
 it is binding on all persons who live or  Article 22, of the RPC
sojourn in the Philippine territory (Art.  Special Penal Laws
14, NCC) expressively stating retroactivity
 means that the criminal law of the EXCEPTION TO THE EXCEPTION:
country governs all persons within the a) The new law is expressly made
country regardless of their race, belief, inapplicable to pending actions
sex, or creed. or existing causes of actions.
b) Offender is a habitual criminal.
Artemis Notes- Criminal Law 1
 The Revised Penal Code today follows
 REPEAL this theory or philosophy
a) article 7, new Civil Code “Laws  Ideally, the classical theory is applied to
are repealed only by heinous crimes, whereas, the positivist is
subsequent ones…” made to work on economic and social
b) revoke or annul a law or crimes.
congressional act THEORIES AND DOCTRINES
c) 2 types: Express repeal and a) Utilitarian or Protective theory
Implied repeal  The primary purpose of punishment
 EXPRESS REPEAL- expressly under criminal law is the protection of
provided by law society from actual and potential
 IMPLIED REPEAL- if provisions wrongdoers.
of subsequent law are  The courts, therefore, in exacting
incompatible or inconsistent with retribution for the wronged society,
those of the previous law, should direct the punishment to potential
provided that it is NOT possible or actual wrongdoers since criminal law
to reconcile two laws. The new is directed against acts or omissions
law should take effect and the which the society does not approve.
old law becomes legally b) Doctrine of Equipoise
inoperable  when the evidence of the prosecution and of
 REQUISITES (implied repeal) the defense is equally balanced, the scales
 Laws cover the same of justice should be tilted in favor of the
subject matter accused in obedience to the constitutional
 Latter is repugnant to presumption of innocence.
earlier c) Lenity Rule
 when a circumstance is susceptible to two
UNDERLYING PHILOPSOPHY interpretations, one favorable to the accused
1. Classical (or Juristic) Theory and the other against him, that interpretation
 The RPC is generally governed by this favorable to him shall prevail.
theory.  Whenever a penal law is to be construed or
 Basis of criminal liability is free will and applied and the law admits of two
the purpose of penalty is retribution interpretations, one lenient to the offender
 Man is essentially a moral creature with and one strict to the offender, that
absolute free will to choose between interpretation which is lenient or favorable to
good and evil, thereby placing more the offender will be adopted.
stress upon the effect or result of d) Doctrine of Pro Reo
felonious act than upon the man, the  Penal laws should be construed liberally in
criminal himself favor of the accused and strictly against the
 It has endeavored to establish a state
mechanical and direct proportion
between crime and penalty BASIC MAXIMS
 There is scant regard to the human 1. Nullum crimen, nulla poena sine lege
element. o There is no crime when there is no law
2. Positivist Theory punishing the same
 Man is subdued occasionally by a o No matter how wrongful, evil or bad the
strange and morbid phenomenon which act is, if there is no law defining the act,
constrains him to do wrong, inspite of the same is not considered a crime
contrary to his volition 2. Actus non facit reum, nisi mens sit rea
 Crime is essentially a social and natural o The act cannot be criminal where the
phenomenon mind is not criminal
 Basis of criminal liability is the sum of o This is true to a felony characterized by
the social and economic phenomena to dolo, but not to a felony resulting from
which the actor is exposed wherein culpa.(elaborated in Art 3, RPC)
prevention and correction is the purpose 3. Actus non facit reum, nisi mens sit rea
of penalty. o The act cannot be criminal where the
3. Eclectic or Mixed Theory mind is not criminal
 combination of positivist and classical o This is true to a felony characterized by
thinking wherein crimes that are dolo, but not to a felony resulting from
economic and social in nature should be culpa.
dealt in a positive manner; thus, the law
is more compassionate.
Artemis Notes- Criminal Law 1
Article 1. Time when Act takes effect. -This Code International Rule,
shall take effect on the first day of January, nineteen  the law of the country where that vessel is
hundred and thirty-two. registered will apply, because the crime is
deemed to have been committed in the high seas.
 RPC took effect on Jan 1, 1932 and was However:
passed on Dec. 8, 1930 Archipelagic Rule
 as declared in Article I of the 1987
Art. 2. Application of its provisions. Constitution, all waters in the archipelago
2 scopes regardless of breadth, width or dimension are
part of our national territory. Under this Rule,
a) INTRATERRITORIAL- within Ph Territory there is no more center lane, all these
b) EXTRATERRITORIAL-outside jurisdiction waters, regardless of their dimension or width
1) Offense committed while on a are part of Philippine territory. So if a foreign
Philippine ship or airship merchant vessel is in the center lane and a
RULES ON VESSELS: crime was committed, the crime will be
1. Philippine vessel or aircraft. prosecuted before Philippine Courts.
 Must be understood as that which is
registered in the Philippine Bureau of Absolute Theory (adopted by the Philippines)
Customs.  The subjacent state has complete jurisdiction over
the atmosphere above it subject only to the
 Applicable to Highseas, foreign neutral
innocent passage by aircraft of a foreign country.
waters Under this theory, if the crime is committed
 XPN: territorial jurisdiction of another country- in an aircraft, no matter how high, as long
host country’s laws should apply as it can be established that it is within the
 XPN to XPN: Ph warship, war vessel or Philippine atmosphere, Philippine criminal
aircraft- extension of PH territory law will govern.
2. On Foreign Merchant Vessels
 ENGLISH RULE: Crimes committed aboard 2) Forging or counterfeiting any coin or
a vessel within the territorial waters of a currency note of the Philippines or
country are triable in the courts of such obligations and securities issued by
country. the Government.
EXCEPTION: When the crimes merely affect
things within the vessel or when they only 3) Introduction into the country of the
refer to the internal management thereof. above-mentioned obligations and
 FRENCH RULE: securities.
 GENERAL RULE: Crimes committed aboard
vessel within the territorial waters of a country 4) While being public officers or
are not triable in the courts of said country. employees should commit an offense
 EXCEPTION: When their commission affects in the exercise of their functions.
the peace and security of the territory or
when the safety of the state is endangered. 5) Should commit any of the crimes
 In the Philippines, we follow the English against national security and the law of
Rule. nations defined in Title One of Book
3. Crimes not involving breach of public order Two.
committed on board a foreign merchant vessel  National Security- treason, conspiracy or
in transit not triable by our courts. proposal to commit treason, misprision of
 Mere possession of opium in a treason, espionage, enticing to war
foreign merchant vessel in transit is o If one decides to commit treason, and
not triable in the Philippines. tells everyone about it, and then that
 Possession of opium in a foreign person proceeded in committin
merchant vessel not in transit (terminal treason, are all the people with
port) in the Philippines is an open knowledge to his acts liable?
violation of Philippine laws. o No. The citizenship must first be taken
 Smoking of opium aboard English in consideration. Knowing the State
vessel while anchored 2 ½ miles in where the person sworn allegiance into
Manila Bay constitutes a breach of must be taken into account.
public order.  Laws of Nations- piracy, qualified piracy,
4. Philippine courts have no jurisdiction over mutiny and qualified mutiny
offenses committed on foreign warships in
territorial waters.
 Distinction should be made between a
merchant ship and a warship. The
former is subjected to territorial laws.
Artemis Notes- Criminal Law 1
Art 3. Defintion- Acts and omissions punishable by 2. Specific General Intent (SCI)
law are felonies (delito). Felonies are committed not  an element or ingredient to the
only by means of deceit (dolo) but also by means of commission of a crime
fault (culpa). There is deceit when the act is  not presumed
performed with deliberate intent and there id fault
 proven by prosecution beyond
when the wrongful act done results from
imprudence, negligence, lack of foresight and lack reasonable doubt
of skill

Felonies INTENT TO KILL ELEMENTS:


 are acts or omissions punishable by the RPC. 1. Nature, number and location of wounds inflicted
to or sustained by the victim
Felony violation of Revised Penal Code 2. Nature and number of the weapons used by the
Offense violation of Special Laws offender in the commission of the crime
3. Manner of committing the crime
Crime violation of ordinary/public law in 4. Acts, deeds, words, or conduct by the offender,
some books, “infraction” before, during or immediately after the
commission of the crime.
ELEMENTS OF FELONIES (GENERAL) 5. Motives of the accused
1. there must be an act or omission ie, there must
be external acts.
2. the act or omission must be punishable by the INTENT TO KILL is presumed in Homicide, Parricide,
RPC. Murder, Infanticide. (H-P-M-I)
3. the act is performed or the omission incurred by
means of dolo or culpa. Existence of intent is shown by overt acts of a person.
 Intent, being a mental act, is difficult to prove. It
Act – any bodily movement tending to produce some can only be deduced from external acts
effect in the external world, it being unnecessary that the performed by a person.
same be actually produced, as the possibility of
production is sufficient. Criminal intent is presumed from the commission of an
Omission – or inaction, refers to failure to perform a unlawful act.
positive duty which one is bound to do. There must be a  Criminal intent and will to commit a crime are
law requiring the doing or performance of an act. always presumed to exist unless the contrary
shall appear.
“NULLUM CRIMEN, NULLA POENA SINE LEGE”
 there is no crime where there is no law But the presumption of criminal intent does not arise
punishing it. from the proof of the commission of an act which is not
unlawful.
CLASSIFICATION OF FELONIES ACCORDING TO  actus non facit reum, nisi mens sit rea
THE MEANS BY WHICH THEY ARE COMMITTED: o a crime is not committed if the mind of
the person performing to act complained
1. Intentional Felonies – the act is performed with be innocent.
deliberate intent or malice.
Dolo is not required in crimes punished by special laws.
Requisites of DOLO (deceit) or MALICE:
a. Freedom In those crimes punished by special laws, the act alone,
b. Intelligence irrespective of its motives, constitutes the offense.
c. Criminal Intent  Good faith and absence of criminal intent not
valid as defenses in crimes punished by special
Intent laws.
 presupposes the exercise of freedom and use of
intelligence. Motive
 One who acts without freedom has no intent.  the moving power which impels one to action for
 One who acts without intelligence has no intent. definite result.
 One who acts with freedom and intelligence, but  Motive is not an essential of a crime, and need
without intent, he is not criminally liable. not be proved for purposes of conviction.
Kind of Intent
Motive is essential only when:
1. General Criminal Intent (GCI)]  there is doubt in the identity of the assailant
 Presumed by law by mere doing of an  in ascertaining the truth between two
act antagonistic theories or version of killing
 No burden of proof to prosecution
Artemis Notes- Criminal Law 1
 the identification of the accused was from  ignorantia legis non excusat
unreliable source o ignorance of the law excuses no one
 there are no witnesses to the crime from compliance therewith. (Art. 3,
 evidence is merely circumstantial New Civil Code)
 established by testimony of witnesses on the  ignorantia facti excusat
acts or statements of the accused before or o ignorance or mistake of fact relieves the
immediately after the commission of the offense. accused from criminal liability.
Such deeds or words may indicate the motive.
Requisites of mistake of fact as a defense:
 Disclosure of the motive is an aid in completing a. That the act done would have been lawful had
the proof of the commission of the crime. But the facts been as the accused believed them to
proof of motive is not sufficient to support a be.
conviction. b. That the intention of the accused in performing
the act should be lawful.
Intent Motive c. That the mistake must be without fault or
1. Is the purpose to use a 1. Is the moving power which carelessness on the part of the accused.
particular means to effect impels one to act
such result
2. Is an element of the crime, 2. Is NOT an element of the Mala In Se
except in unintentional crime  inherently evil or wrong
felonies (culpable)  based on intent
3. Is essential in intentional 3. Is essential only when the  degree of participation is considered
felonies identity of the perpetrator is in  modifying circumstances are considered
Doubt (aggravating or mitigating)
 stages of execution are considered (attempted,
2. Culpable Felonies – performed without malice. frustrated or consummated)

Mala Prohibita
Requisites of CULPA (fault)s :  NOT inherently wrong/ evil
a. Freedom  Mere doing of the prohibited act constitutes a
b. Intelligence crime
c. Negligence and Imprudence  All are prosecuted equally regardless of
participation
Imprudence Negligence  No Attempted or Frustrated stages only
Deficiency of action Deficiency of perception CONSUMMATED.
Lack of skill Lack of foresight
Lack of precaution Failure to apply diligence ART. 4 – CRIMINAL LIABILITY- Criminal liability shall
be incurred:
REASON FOR PUNSHING ACTS OF NEGLIGENCE 1. By any person committing a felony (delito),
 A man must use common sense and exercise although the wrongful act done be different from
due reflection in all his acts; it is his duty to be that which he intended
cautious, careful and prudent. 2. By any person performing an act which would be
an offense against persons or properties, where it
Acts executed negligently are voluntary. not for the inherent impossibility of its
Reasons: accomplishment or on account of the employment of
1. Revised Penal Code is based on inadequate or ineffectual means
Classical Theory (basis of criminal liability is human free
will). PAR. 1 - Criminal Liability for a felony different from
2. Act or omissions punished by law are always that intended to be committed
voluntary, since man is a rational being.
3. Felonies by dolo must necessarily be voluntary; in REQUISITES:
felonies by culpa, imprudence consists in voluntarily a. That the intended act was a felony
but without malice, resulting to material injury. b. The resulting act is a felony.
c. That the resulting act is the direct, natural and
logical consequence of the felony committed.
 DIRECT
Mistake of Fact  NATURAL consequence
 is a misapprehension of fact on the part of the  LOGICAL
person causing injury to another. Such person is
not criminally liable as he acted without criminal
intent.
Artemis Notes- Criminal Law 1
“el que causa de la causa es causa del mal PAR. 2 IMPOSSIBLE CRIME
causado”
 he who is the cause of the cause is the cause of IMPOSSIBLE CRIME DOCTRINE- any person
the evil caused performing an act which would be an offense against
persons or properties where it not for the inherent
EXCEPTION: when there is an intervening or impossibility of its accomplishment or on account of the
a supervening cause or event employment of inadequate or ineffectual means

PROXIMATE CAUSE IMPOSSIBLE CRIME REQUISITES:


 that cause, which, in the natural and continuous  That the act performed would be an offense
sequence, unbroken by any efficient intervening against persons or property.
cause, produces the injury without which the  That the act was done with evil intent.
result would not have occurred.  That the act was not accomplished because of its
 The cause which sets into motion all other inherent impossibility or on account of the
causes and which, unbroken by efficient employment of inadequate or ineffectual means
intervening cause, produces the felony  That the act performed should not constitute a
violation of another provision of the RPC.
 When a person has not committed a felony, he
is not criminally liable for the result which is not
intended.  In our jurisdiction, impossible crimes are recognized. The
EFFICIENT INTERVENING CAUSE – active force which impossibility of accomplishing the criminal intent is not
is a distinct act foreign from the felonious act of the merely a defense, but an act penalized by itself.
Furthermore, the phrase "inherent impossibility" that is
offender
found in Article 4(2) of the Revised Penal Code makes no
distinction between factual or physical impossibility and
No efficient intervening cause when: legal impossibility.
1. Weak or diseased condition
2. Nervousness or temperament 2 KINDS OF INHERENT IMPOSSIBILITY:
3. Causes inherent to the victim (drunkard) 1. LEGAL IMPOSSIBILITY- when all the intended
rd
4. Negligence of the victim/ 3 person to seek acts, even when committed would have not
medical assistance amounted to a crime
5. Erroneous or unskilled medical or surgical 2. PHYSICAL OR FACTUAL IMPOSSIBILITY-
treatments (applicable only to remote areas) extraneous circumstance unknown to the
6. Delay in medical treatment of the victim offender prevented the consignation of the
crime.
Thus, the person is still criminally liable in:
1. Aberratio Ictus  Impossible Crimes have no Frustrated or
 Mistake in the blow Attempted Stage, only Consummated.
 When the blow landed to another victim
because of poor aim. Crimes Against Persons:
 Under complex crime (art. 48, RPC)  Parricide (Art. 246)
2. Error in Personae  Murder (Art. 248)
 Mistake in the identity  Homicide (Art. 249)
 When there is mistake in the intended
 Infanticide (Art. 255)
victim
 Abortion (Arts. 256-259)
 Lesser penalties (art. 49, RPC) only if
the crimes committed or intended vary  Duel (Arts. 260 and 261)
3. Praeter intentionem  Physical Injuries (Arts. 262-266)
 injurious result is greater than that  Rape (Arts. 266-A, B, C, and D)
intended Crimes Against Properties:
 lack of intent to commit so grave a  Robbery (Arts. 294, 297, 298, 300, 302 and 303)
wrong.  Brigandage (Arts. 306 and 307)
 Mitigating circumstance (art. 13, RPC)  Theft (Arts. 308, 310 and 311)
 There should be a notable disparity  Usurpation (Arts. 312 and 313)
between the means employed and the  Culpable Insolvency (Art. 314)
resulting felony  Swindling (Estafa) and other deceits (Arts. 315-
 Any person who creates in another’s mind an 318)
immediate sense of danger which causes the  Chattel Mortgage (Art. 319)
latter to do something resulting in the latter’s  Arson and other crimes involving destruction
injuries, is liable for the resulting injuries. (Arts. 320-326)
 Malicious Mischief (Arts. 327-331)
Artemis Notes- Criminal Law 1
Art. 5- Duty of the courts in connection with acts 2 PHASES IN THE COMMISSION OF THE CRIME
which should be repressed but which are not 1. Subjective Phase
covered by the law, and in cases of excessive  portion in the commission of the act
penalties. wherein the offender commences the
commission of the crime after the time
Par. 1- act that should be repressed but not covered that he still has control over his acts.
by law  He may or may not proceed in the
 The courts should still render proper judgment commission of the crime.
 Nullum crimen, nulla poena sine lege  He still has control over his acts
o There is no crime when there is no law 2. Objective Phase
punishing the same  from the moment the offender uses
o No matter how wrongful, evil or bad the control over his acts it is already in the
act is, if there is no law defining the act, objective phase of the commission of
the same is not considered a crime the crime.
 Judge shall report to the Chief Executive,
through the Department of Justice, the reasons DEVELOPMENT OF CRIME
which induce the court to believe that the said 1. Internal Acts - are not punishable. Mere criminal
act should be made the subject of penal thoughts will never give rise to criminal liability.
legislation. There must be an external act.
2. External Acts - includes preparatory acts and acts of
Par. 2- in cases of excessive penalties execution
 Courts should render proper judgment and a. Preparatory Acts - as a rule are not yet
should not suspend the sentence punishable because they are not yet connected to a
 Dura lex, sed lex particular felony.
o The law may be harsh but it is the law. Ex. Conspiracy to commit a crime or proposal to
o No matter how harsh the punishment for commit a crime - merely preparatory acts; hence,
a crime is, it should still prevail. as a rule they are not punishable
 the court shall submit to the Chief Executive,
through the Department of Justice, such b. Acts of Execution - this is the actual act of
statement as he may deemed proper when a committing the crime and we have 3 stages,
strict enforcement of the provisions of this Code attempted, frustrated and consummated.
would result in the imposition of a clearly
excessive penalty, taking into consideration the MANNERS OF COMMITTING THE CRIME
degree of malice and the injury caused by the 1. FORMAL CRIMES- consummated in one
offender instant, no attempt.
 XPN: the judge can write a recommendation to a. Examples: slander and false
the Chief Executive for an Executive Clemency testimonies; selling of marijuana or even
acting as a broker
Art. 6. Consummated, frustrated, and attempted 2. CRIMES CONSUMMATED BY MERE
felonies. — Consummated felonies as well as those ATTEMPT OR PROPOSAL OR BY OVERT
which are frustrated and attempted are punishable. ACTS-
a. Examples: flight to an enemy’s country;
A felony is consummated when all the elements corruption of minors
necessary for its execution and accomplishment are 3. FELONY BY OMISSION- no execution of acts.
present; and it is frustrated when the offender A person does not perform an act which the law
performs all the acts of execution which would requires him to do
produce the felony as a consequence but which, a. Example: by killing a child by starving
nevertheless, do not produce it by reason of causes him
independent of the will of the perpetrator. 4. CRIMES REQUIRING THE INTERVENTION OF
TWO PERSONS TO COMMIT THEM ARE
There is an attempt when the offender commences CONSUMMATED BY MERE AGREEMENT
the commission of a felony directly or over acts, and a. Examples: betting in sports contest;
does not perform all the acts of execution which corruption of public officer.
should produce the felony by reason of some cause 5. MATERIAL CRIMES- there are three stages of
or accident other than this own spontaneous execution; not consummated in one instant.
desistance. a. EXCEPTIONS: Theft and Rape- no
frustrated stage.
Artemis Notes- Criminal Law 1
ATTEMPTED FELONIES- when the offender
commences the commission of a felony directly or over  No Frustrated stages in Theft or Rape
acts, and does not perform all the acts of execution  No attempted/frustrated in Impossible Crimes
which should produce the felony by reason of some
cause or accident other than this own spontaneous CONSUMMATED FELONIES- when all the elements
desistance. necessary for its execution and accomplishment are
present
ELEMENTS (ATTEMPTED)
1. The offender commences the commission of the
felony directly by overt acts, ELEMENTS (CONSUMMATED)
2. That he does not perform all acts of execution that 1. All the acts necessary for its accomplishment
would have produced the felony, and execution are present
3. That his act was not stopped by his own
spontaneous desistance,
4. That he was not able to perform all acts of execution
by reason of some cause or accident other than his All are deemed to be consummated:
own spontaneous desistance  Theft - there is no crime of frustrated theft.
 Robbery - there is no frustrated robbery
even if the offender did not materially
 DESISTANCE- negates criminal liability attempted benefited.
stage but not in the frustrated or consummated  Arson - even with partial or incomplete
stage. damages.
 OVERT ACT [OA] - refers to any external act, which  Impossible crimes - there are NO
if allowed to continue, will naturally and logically attempted or frustrated impossible crimes.
ripen into a crime. What the law requires is that the
overt act must be directly connected to the intended
felony. The offender commences the commission of Art. 7. When light felonies are punishable. — Light
the crime directly by overt act. felonies are punishable only when they have been
consummated, with the exception of those
 DIRECTLY BY OA - means that the OA performed committed against person or property.
by the offender must be directly connected to the
intended felony. The attempted felony that is LIGHT FELONIES UNDER THE RPC:
punished by law is one which is directly connected • Slight physical injuries
to the over act performed by the offender although • Theft
he has a different crime in mind. • Alteration of boundary marks
• Malicious mischief
• Intriguing against honor
INDETERMINATE OFFENSE
 One where the purpose of the offender in  GR: Light felonies are punishable when they have
performing an act is not certain. The accused been consummated
maybe convicted for a felony defined by the acts  XPN: those committed against persons/properites
performed by him up to the time of desistance.  The commission of felonies against persons or
 The OA of a person in relation to the intended property presupposes in the offender moral
felony is ambiguous. It is necessary that the OA depravity.
must be necessarily connected to the felony.  Attempted/ frustrated LF not related to person/
Only then he will be punished of the said property- can still be civilly liable.
attempted felony.  Reason: light felonies produce such light,
insignificant moral and material injuries that public
FRUSTRATED FELONIES- When the offender performs conscience is satisfied with providing a light penalty
all the acts of execution, which would produce the felony for their consummation. If not consummated, the
as a consequence, but which, nevertheless, does not wrong done is so slight that there is no need of
produce it by reason of causes independent of the will of providing a penalty at all
the perpetrator.
Art. 8. Conspiracy and proposal to commit felony. —
ELEMENTS (FRUSTRATED) Conspiracy and proposal to commit felony are
1. Offender performs all acts of execution punishable only in the cases in which the law
2. All the acts performed would produce a felony specially provides a penalty therefor.
as a consequence A conspiracy exists when two or more persons
3. But the felony is NOT produced come to an agreement concerning the commission
4. By reasons of causes independent of his will of a felony and decide to commit it.
Artemis Notes- Criminal Law 1
There is proposal when the person who has decided complimenting one another towards a
to commit a felony proposes its execution to some common criminal objective or design
other person or persons.  They are all liable as conspirators

CONSPIRACY
 bilateral act. The must be at least 2 persons who TWO FACTORS (CONSPIRACY)
agreed to the commission of the crime. 1. singularity of intent
 GR: as rule is not a punishable act, likewise 2. unity in execution of an unlawful objective
proposal to commit a crime is not a punishable
act because they are mere preparatory acts KINDS OF MULTIPLE CONSPIRACY
 XPNS: treason, rebellion/ insurrection, sedition, 1. Wheel or Circle Conspiracy - when a single
coup d’état person or group of persons known as a hub,
 Also applies to special penal laws deals individually with another person or group of
persons known as the spokes.
ELEMENTS (CONSPIRACY) 2. Chain Conspiracy - usually involving the
1. That two or more persons came to an distribution of narcotics or other contraband, in
agreement; which there is successive communication and
2. The agreement concerned the commission of a cooperation in much the same way as with
felony; legitimate business operations between
3. That the execution of the felony be decided manufacturer and wholesaler, then wholesaler
upon. and retailer, and then retailer and consumer.

PROPOSAL
TWO KINDS OF CONSPIRACY  unilateral act; only 1 person who has decided to
1. Direct or Express Conspiracy commit the felony proposes it to another person
 when the offenders or conspirators met,  if that another person agreed to the commit the
planned, agreed, decided to commit a crime, there is now conspiracy
crime  XPNS:
 There is a preconceived plan prior to the 1. Person who proposes is NOT
commission of the crime determined to commit the felony
 Direct proof is not essential, for 2. There is no decided, concrete or formal
conspiracy may be inferred from the proposal
acts of the accused prior to, during or 3. It is not the execution of the felony that
subsequent to the incident. Such acts is produced
must point to a joint purpose, interest
concert of action or community of ELEMENTS (PROPOSAL TO COMMIT FELONY)
interest. 1. That a person has decided to commit a felony,
 Conspirators are only liable for crimes and
they agreed upon 2. That he proposes its execution to some other
 XPNS: person or persons.
1. When the other crime was
committed in the presence of
the other conspirators and they
did not perform acts to prevent Art. 9. Grave felonies, less grave felonies and light
its commission. felonies. — Grave felonies are those to which the
2. When the other crime law attaches the capital punishment or penalties
committed was the natural which in any of their periods are afflictive, in
consequence of the crime accordance with Article 25 of this Code.
agreed upon. Less grave felonies are those which the law
3. When the resulting crime is a punishes with penalties which in their maximum
composite crime or a special period are correctional, in accordance with the
complex crime or a single above-mentioned article.
indivisible complex crime. Light felonies are those infractions of law for the
commission of which a penalty of arresto menor or a
2. Implied or Inferred Conspiracy fine not exceeding 200 pesos or both, is provided.
 deduced from the mode and manner of
committing the crime, there is no pre FELONIES ACCORDING TO GRAVITY
conceived plan but the offenders acted 1. GRAVE FELONIES
simultaneously in a synchronized and 2. LESS GRAVE FELONIES
coordinated manner, their acts 3. LIGHT FELONIES
Artemis Notes- Criminal Law 1
GRAVE FELONIES- those punishable by: Third. Lack of sufficient provocation on the part of
• Capital punishment: the person defending himself.
 Death (now prohibited under R.A. 9346) 2. Anyone who acts in defense of the person or
• Afflictive penalties: rights of his spouse, ascendants, descendants, or
 Reclusion perpetua legitimate, natural or adopted brothers or sisters, or
 Reclusion temporal his relatives by affinity in the same degrees and
 Perpetual or temporary absolute those consanguinity within the fourth civil degree,
 disqualification provided that the first and second requisites
 Perpetual or temporary special prescribed in the next preceding circumstance are
 disqualification present, and the further requisite, in case the
 Prision mayor revocation was given by the person attacked, that
• Afflictive fines- the one making defense had no part therein.
 fines over Php 1.2 million 3. Anyone who acts in defense of the person or
rights of a stranger, provided that the first and
LESS GRAVE FELONIES- those punishable by: second requisites mentioned in the first
• Correctional penalties circumstance of this Article are present and that the
 Prision correccional person defending be not induced by revenge,
 Arresto mayor resentment, or other evil motive.
 Suspension 4. Any person who, in order to avoid an evil or
 Destierro injury, does not act which causes damage to
• Correctional Fines another, provided that the following requisites are
 Fines from 40k to 1.2 million Php present;
LIGHT FELONIES First. That the evil sought to be avoided actually
• Arresto menor exists;
• Public censure Second. That the injury feared be greater than that
• Fines less than 40K Php done to avoid it;
Third. That there be no other practical and less
Art. 10. Offenses not subject to the provisions of this harmful means of preventing it.
Code. — Offenses which are or in the future may be 5. Any person who acts in the fulfillment of a duty or
punishable under special laws are not subject to the in the lawful exercise of a right or office.
provisions of this Code. This Code shall be 6. Any person who acts in obedience to an order
supplementary to such laws, unless the latter should issued by a superior for some lawful purpose.
specially provide the contrary.

• Provisions of the SPL do not apply to provisions JUSTIFYING CIRCUMSTANCES


of RPC  Infractions wherein the offender is said to have
• RPC should be supplementary to SPL, unless acted within the bounds of law.
SPL expressly provides the contrary  He has not yet transgressed the law. Therefore
• Special legal provisions prevail over general there is no crime committed, there is no criminal,
ones (lex specialis derogant generali) there is no criminal liability, there is no civil
• If 2 laws are contrary to one another, and there liability. (with the XPN of Art 11, Par 4.)
are no means to harmonize them, there should  Burden of proof lies on the defense to prove all
be implied repeal the elements

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY Par 1- Self Defense


 does not only include defense of one's life
1. Justifying circumstances  It also includes defense of one's honor or
2. Exempting circumstances & other Absolutory chastity, defense of one's property coupled with
Causes an attack on the person entrusted with the said
3. Mitigating Circumstances property
4. Aggravating Circumstances  REASON: because it would be quite impossible
5. Alternative Circumstances for the State in all case to prevent aggression
upon its citizens and offer protection to the
Art. 11. Justifying circumstances. — The following person unjustly attacked.
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.
Artemis Notes- Criminal Law 1
Par 2- Defense of a Relative
REQUISITES (SELF-DEFENSE)  Anyone who acts in defense of:
1. Unlawful Aggression (indispensable element) 1. Spouse
 When there is a peril to one’s life, limb or right 2. Ascendants, Descendants (no limit to
 Must come from the victim degree)
 If the attack is material, actual and places the life 3. Legitimate, natural or adopted brothers
of the accused in imminent and immediate or sisters
danger 4. Relatives by affinity in the same degrees
th
 MUST NOT ONLY BE A THREAT but should be 5. Those by consanguinity up to the 4 civil
present and about to happen degree
nd rd
 Without UA, the 2 and 3 requisites will be
immaterial ELEMENTS (Defense of a relative):
 ELEMENTS: 1. Unlawful aggression;
1. Physical or material Assault or attack 2. Reasonable necessity of the means employed to
2. Attack or assault must be actual or at least prevent or repel it;
imminent 3. In case the provocation was given by the person
3. Attack or assault must be unlawful attacked, the one making the defense had no
 2 KINDS: part therein.
1. Actual/ material UA- use of physical force/
weapon  The natural impulse of any person who has
2. Imminent UA- attack is impending or at the killed someone in defense of his person or
point of happening relative is to bring himself to the authorities and
try to dispel any suspicion of guilt that the
2. Reasonable necessity of the means employed to authorities might have against him
prevent or repel it  4 SITUATIONS WHEN THERE IS NO SP ON
 should be/ have rational equality PART OF PERSON DEFENDING:
 FACTORS: 1. No provocation was given at all
1. Nature and number of weapons used 2. Although there is provocation, it is not
by aggressor sufficient
2. Physical condition- size, weight and 3. If there is SP, it did not come from the
other personal circumstance of the one defending
aggressor compared to the person 4. Although it came from the person
defending defending, it is not immediate or
3. Place and location of the assault imminent to aggression

3. Lack of sufficient provocation on the part of the Par 3- Defense of a stranger


person defending himself  A stranger is anyone NOT included in the
 PROVOCATION- refers to any immoral act or enumeration of relatives mentioned in Par 2, Art.
conduct, unjustified act or conduct which stirs a 11
person to do wrong  Even a close friend or a distant relative is
 SUFFECIENT P- adequate to stir a person to do considered a stranger
the wrongful act and when it is proportionate to  REASON: what one may do in his defense,
the gravity of the act. another can do it for him.

 It is axiomatic that the mere thrusting of one’s ELEMENTS (Defense of a Stranger):


hand into his pocket as if for the purpose of 1. Unlawful aggression
drawing a weapon is not unlawful aggression. 2. Reasonable necessity of the means employed to
Even the cocking of a rifle without aiming the prevent or repel the attack;
firearm at any particular target is not sufficient to 3. The person defending be not induced by
conclude that one’s life was in imminent danger. revenge, resentment, or ill motive
 Retaliation is different from self-defense. In
retaliation, the aggression that was begun by the
injured party already ceased to exist when the
accused attacked him. In self-defense, the  The 3rd element requires that the said offender
aggression was still existing when the aggressor must be disinterested and not induced by any
was injured by the accused. other motive; otherwise, defense of a stranger
will not lie.
 The person claiming the defense must be ignited
solely by disinterest and generous motive.
Artemis Notes- Criminal Law 1
Par 4. State of Necessity  An individual is justified in performing an act in
 There is no criminal liability but there is civil obedience to an order issued by a superior if
liability, borne not only by the accused but also such order, is for some lawful purpose and that
by those who benefitted in the act the means used by the subordinate to carry out
said order is lawful

ELEMENTS (State of Necessity):  even if the order is not lawful but it appears to be
1. The evil sought to be avoided actually exists; lawful and the subordinate believes it to be
2. The injury feared is greater than that done to lawful, the justifying circumstance would still lie.
avoid it;
3. There be no other practical and less harmful
means of preventing it. ADDITIONAL JUSTIFYING CIRCUMSTANCE (2004)

BATTERED WOMAN SYNDROME (RA 9262)


Par. 5- Fulfillment of a Duty / Lawful exercise of  a scientifically defined pattern of psychological
right/ office and behavioral symptoms found in women living
 injury is the necessary consequence of the in battering relationships as a result of
lawful exercise of duty. cumulative abuse
 repeatedly subjected to any forceful
ELEMENTS (Fullfillment of Duty/ Lawful Exercise of physical/psychological behavior by a man in
Right/Office): order to coerce here to do something he wants
1. Accused acted in the performance of a duty or in her to do without concern of her rights
the lawful exercise of a right or office.  do not incur any criminal or civil liability
2. Injury caused or offense committed be the
necessary consequence of the due performance To consider a valid “battered woman syndrome” at
of duty or the lawful exercise of such right or least 2 cycles of the following are completed:
office. 1. Tension building phase
2. (Acute) physical aggression
 The reasonableness of the resistance is also a 3. Reconciliation (tranquility)
requirement of the justifying circumstance of
selfdefense or defense of one's rights under
paragraph 1 of Article 11, Revised Penal Code.

 The owner or lawful possessor of a thing has the


right to exclude any person from the enjoyment and
disposal thereof. For this purpose, he may use
such force as may be reasonably necessary to
repel or prevent an actual or threatened unlawful
physical invasion or usurpation of his property

 It is not necessary that there be unlawful


aggression against the person charged with the
protection of property, because he was merely
protecting his rights.

Par 6.- Obedience to an order by Superior


 Both the person who gives the order and the
person who executes it must be acting within the
limitations prescribed by law
 Must be of lawful purpose

ELEMENTS (Obedience to an order by Superior):


1. An 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
Artemis Notes- Criminal Law 1
o When the new law is favorable to the
RECITATION QUESTIONS (and answers) accused.
1. What is criminal law o Article 22, of the RPC
 branch or division of law which defines crimes, o Special Penal Laws expressively stating
treats of their nature, and provides for their retroactivity
punishment
2. Characteristics? (G, T, P) 5. In cases of inconsistensties of laws, does repeal
4. GENERAL apply?
 it is binding on all persons who live or  if provisions of subsequent law are incompatible
sojourn in the Philippine territory (Art. or inconsistent with those of the previous law,
14, NCC provided that it is NOT possible to reconcile two
2. Territoriality laws. The new law should take effect and the old
 penal laws of the country have force law becomes legally inoperable
and effect within its territory. o REQUISITES (implied repeal)
 XPNs: art 2, RPC  Laws cover the same subject
 XPN to XPN: treaties and laws of matter
preferential application  Latter is repugnant to earlier
6. Article 2. (Enumerate the exceptions)
3. Prospectivity 1) ship or airship
2) Forging or counterfeiting any coin or
 GENERAL RULE: Penal laws cannot
currency note of the Philippines or
make an act punishable in a manner in
obligations and securities issued by the
which it was not punishable when
Government.
committed.
3) Introduction into the country of the above-
EXCEPTION: (it may be applied
mentioned obligations and securities.
retroactively)
4) While being public officers or employees
 When the new law is favorable
should commit an offense in the exercise
to the accused.
of their functions.
 Article 22, of the RPC
5) Should commit any of the crimes against
 Special Penal Laws
national security and the law of nations
expressively stating retroactivity
defined in Title One of Book Two.
EXCEPTION TO THE EXCEPTION:
d) The new law is expressly made
7. If one decides to commit treason, and tells
inapplicable to pending actions
everyone about it, and that person proceeded to
or existing causes of actions.
commit treason, are all of the people with knowledge
e) Offender is a habitual criminal
to his acts held liable?
3. French Rule, English Rule, in cases of Warship,  No. The citizenship must first be taken in
which territory. consideration. Knowing the State where the
person sworn allegiance into must be taken into
 ENGLISH RULE: Crimes committed aboard
account.
a vessel within the territorial waters of a
country are triable in the courts of such
8. Article 3. What are felonies
country.
EXCEPTION: When the crimes merely affect  are acts or omissions punishable by the RPC.
things within the vessel or when they only 9. Difference of crimes and felonies
refer to the internal management thereof. Felony violation of Revised Penal Code
 FRENCH RULE: Offense violation of Special Laws
 GENERAL RULE: Crimes committed aboard Crime violation of ordinary/public law in
vessel within the territorial waters of a country some books, “infraction”
are not triable in the courts of said country. 10. what is deceit?
 EXCEPTION: When their commission affects  Act is done with deliberate intent and it is done
the peace and security of the territory or voluntarily.
when the safety of the state is endangered. 11. Difference between Negligence, Imprudence, lack
 In the Philippines, we follow the English of foresight and lack of skill.
Rule.
 Ph warship, war vessel or aircraft- Imprudence Negligence
extension of PH territory Deficiency of action Deficiency of perception
Lack of skill Lack of foresight
4. Retroactive Laws and its exceptions Lack of precaution Failure to apply diligence
 EXCEPTION: (it may be applied retroactively)
12. Article 4, par 1, Is it only about proximate cause?
Artemis Notes- Criminal Law 1
 No.  Intent to kill, if proven, is necessary for
MURDER and HOMICIDE (even in Parricide and
13. Other situations pertained to by par 1.
4. Aberratio Ictus Infanticide) to materialize as a crime. If intent to
 Mistake in the blow kill is present, one could be charged of
 When the blow landed to another victim
attempted, frustrated or consummated H,M,P,I
because of poor aim.
 Under complex crime (art. 48, RPC)  However, if intent to kill is not present, then the
5. Error in Personae person could be charged of consummated
 Mistake in the identity
 When there is mistake in the intended
physical injuries
victim
 Lesser penalties (art. 49, RPC) only if 6. Manners of committing a crime
the crimes committed or intended vary
6. Praeter intentionem 6. FORMAL CRIMES- consummated in one
 injurious result is greater than that instant, no attempt.
intended a. Examples: slander and false
 lack of intent to commit so grave a testimonies; selling of marijuana or even
wrong. acting as a broker
 Mitigating circumstance (art. 13, RPC) 7. CRIMES CONSUMMATED BY MERE
 There should be a notable disparity ATTEMPT OR PROPOSAL OR BY OVERT
between the means employed and the ACTS-
resulting felony a. Examples: flight to an enemy’s country;
corruption of minors
1. What is impossible crime? 8. FELONY BY OMISSION- no execution of acts.
A person does not perform an act which the law
 any person performing an act which would be an requires him to do
offense against persons or properties where it a. Example: by killing a child by starving
not for the inherent impossibility of its him
accomplishment or on account of the 9. CRIMES REQUIRING THE INTERVENTION OF
employment of inadequate or ineffectual means TWO PERSONS TO COMMIT THEM ARE
CONSUMMATED BY MERE AGREEMENT
2. Is impossible crime consummated or not?
a. Examples: betting in sports contest;
corruption of public officer.
 Consummated. No frustrated or attempted 10. MATERIAL CRIMES- there are three stages of
stage execution; not consummated in one instant.
a. EXCEPTIONS: Theft and Rape- no
3. Kinds of inherent impossibility? frustrated stage.
7. Is it possible if a crime is not a formal crime but does
 2 KINDS OF INHERENT IMPOSSIBILITY: not have stages of execution?
3. LEGAL IMPOSSIBILITY- when all the
intended acts, even when committed would  Yes. Stages are NOT necessary for the
have not amounted to a crime
4. PHYSICAL OR FACTUAL IMPOSSIBILITY-
following cases:
extraneous circumstance unknown to the
offender prevented the consignation of the • Formal crimes – consummated in one instant, no
crime. attempt (e.g. slander, sale of prohibited drugs)
4. Article 5?
• Crimes consummated by attempt by mere attempt or
 Duty of the court in cases of acts which they proposal or by overt acts (e.g. treason, corruption of
deemed needed to be repressed but is not minors)
covered by law and in cases of excessive
penalties • Felony by omission – there can be no attempted stage

5. If A intended to kill B, but he only managed to • Crimes requiring intervention of two persons to
wound B, is he liable for consummated physical commit them are consummated by mere agreement
injuries? (betting in sports contests, corruption of public officer)
Artemis Notes- Criminal Law 1
• Material crimes (e.g. no frustrated rape)  False, they are only punishable when
the law expressly states.
 GR: as rule is not a punishable act,
likewise proposal to commit a crime is
8. Arson, does it have attempted stage? Frustrated? not a punishable act because they are
mere preparatory acts
 Arson - even with partial or incomplete  XPNS: treason, rebellion/ insurrection,
damages are consummated instantly. sedition, coup d’état

9. What are indeterminate crimes? Is it punishable?


13. What is conspiracy?
 INDETERMINATE OFFENSE
o One where the purpose of the offender  bilateral act. The must be at least 2 persons who
in performing an act is not certain. The agreed to the commission of the crime
accused maybe convicted for a felony
defined by the acts performed by him up 14. Art 9. Felonies accdg to?
to the time of desistance.
o The OA of a person in relation to the
intended felony is ambiguous. It is  Gravity
necessary that the OA must be
necessarily connected to the felony. 15. Grave felonies are punishable by? Less grave? Light
Only then he will be punished of the said felonies?
attempted felony.
GRAVE FELONIES- those punishable by:
 Yes. Under Utilitarian or Protective theory • Capital punishment:
 The primary purpose of punishment  Death (now prohibited under R.A. 9346)
under criminal law is the protection of • Afflictive penalties:
society from actual and potential  Reclusion perpetua
wrongdoers.  Reclusion temporal
 Perpetual or temporary absolute
10. X removed the jalousies in the window of the  disqualification
house of Y. The intent of X is to rob the house of its  Perpetual or temporary special
valuable things. After slowly removing the jalousies  disqualification
and placing it on the ground, he was NOT about to  Prision mayor
enter, when he was caught. He was merely caught of • Afflictive fines-
removing the jalousies and placing it on the ground.  fines over Php 1.2 million
What should be his offense? (Situation given in the
example asked in recit) LESS GRAVE FELONIES- those punishable by:
• Correctional penalties
 MALICIOUS MISCHIEF. He cannot be  Prision correccional
charged with attempted robbery, for the  Arresto mayor
overt acts are not directly connected  Suspension
with robbery. He cannot be charged with  Destierro
attempted trespass to dwelling, because • Correctional Fines
he was not caught entering the house.  Fines from 40k to 1.2 million Php
11. Article 7 reason? Is it still punishable even if LIGHT FELONIES
• Arresto menor
attempted/ frustrated in cases not related or against
• Public censure
persons or properties? • Fines less than 40K Php
16. Art 10?
 light felonies produce such light, insignificant moral
and material injuries that public conscience is
satisfied with providing a light penalty for their
 SPL not under RPC, but RPC is supplementary to
consummation. If not consummated, the wrong SPC
done is so slight that there is no need of providing a
penalty at all 17. T/F. All offenses are NOT punishable by RPC
 yes, civilly.
12. Article 8, true/false: are conspiracy and proposal to  True. Offenses are acts and omissions
commit felonies punishable? punishable by SPL
Artemis Notes- Criminal Law 1
18. 1st and 2nd paragraph are contrary to one another, 6. Unlawful aggression distinguished from lawful
apply statcon. Can it be harmonized? aggression

 If 2 laws are contrary to one another, and there


are no means to harmonize them, there should . Unlawful Aggression (indispensable element)
be implied repeal  When there is a peril to one’s life, limb or right
 Must come from the victim
 Special legal provisions prevail over general  If the attack is material, actual and places the life
ones (lex specialis derogant generali) of the accused in imminent and immediate
danger
 MUST NOT ONLY BE A THREAT but should be
present and about to happen
1. Art 11-15, what are they? Lawful Aggression
 When the person is deemed to have acted
 CIRCUMSTANCES AFFECTING CRIMINAL in the performance of his duties or on the
LIABILITY lawful exercise of his right or office
7. Why is UA an indispensable requisite?
6. Justifying circumstances
7. Exempting circumstances & other  Without UA, the 2
nd
and 3
rd
requisites will be
Absolutory Causes immaterial
8. Mitigating Circumstances 8. Reasonable necessity?
9. Aggravating Circumstances
10. Alternative Circumstances
 should be/ have rational equality
 FACTORS:
1. Nature and number of weapons used
2. T/F They only affect criminal liability. by aggressor
2. Physical condition- size, weight and
 False, Justifying circumstances also affect civil other personal circumstance of the
liability aggressor compared to the person
defending
3. Place and location of the assault
3. Justifying circumstance?
> A used knife to attack B, then B used a gun to defend
 Infractions wherein the offender is said to have
acted within the bounds of law. himself, is it a reasonable necessity of means
 He has not yet transgressed the law. Therefore employed?
there is no crime committed, there is no criminal,
there is no criminal liability, there is no civil -it depends on the notable disparity between the
liability. (with the XPN of Art 11, Par 4.)
 Burden of proof lies on the defense to prove all physical appearance of the one defending himself and
the elements the aggressor. Also, one is only given a split second to
4. Are they always free from criminal and civil liability? think of a way to defend himself, the wounds inflicted
are reasonable, then it is still a reasonable necessity of
 No. par. 4, art 11 could still incur civil liabilities
means employed
5. Difference between exempting and justifying.
>if there is doubt on w/n there is self defense, where
 Exempting- only criminal liability is exempted, should the decision lie in favor to?
not civil liability; acted with INVOLUNTARINESS
 in favor of the accused. Reason: constitutional
 Justifying, except in par 4, all are exempted
presumption of innocence and the equipose
from cri and civil, however, they are deemed to rule, when the evidence of the prosecution and
have acted voluntarily of the defense is equally balanced, the scales of
justice should be tilted in favor of the accused
Artemis Notes- Criminal Law 1
9. Lack of sufficient provocation 15. T/F Par 3 does not apply to close friends?
 A stranger is anyone NOT included in the
 SUFFECIENT P- adequate to stir a person to do enumeration of relatives mentioned in Par 2, Art.
the wrongful act and when it is proportionate to 11
the gravity of the act.  Even a close friend or a distant relative is
considered a stranger
> when A acted with sufficient provocation and B killed
him, does this justify his act? 1.

 No. Provocation is not enough to justify a


person on killing another

10. No. Of wounds, when is it relevant to self defense?

 Yes, it is a factor of determining the reasonable


necessity of the means employed

> if 32 wounds were inflicted to the victim, should the


judge always convict NO self defense? CAR

 NO. not all the time. The judge should also take
into consideration the circumstances that led to
the number of wounds inflicted.

11. T/F= brothers-in-law included in enumeration? Art


11 par 2?  Could par 4 apply to both? (the 2 on the left
were dead, and the one on the right is alive)
 Yes. –relatives by affinity in the same degrees.  Yes. For the situation on the left, even when the
one driving has no knowledge that the two
12. How many civil degrees> brother-in-law people were dead, since the burden of proof in
claiming justifying circumstances lie on the
defense to prove all the elements, he could
 two
claim that since both of them were dead, it is the
lesser evil as compared to killing one person
13. Ascendants/descendants= up to how many who is alive. Even though he could be charged
degrees? with mutilation and damage to property, it is the
practical and less harmful way of preventing the
 No limit. The only limit given is to the relatives greater injury.
 For the situation on the right, since he had no
in the horizontal perspective knowledge that the two on the left were dead,
the lesser evil is to choose to run over the one
14. 4 situations when 3rd requisite is present in def of on the right since he thinks losing one life is
a relative? better than losing two.
 WHY is par 4 applicable to both:
 4 SITUATIONS WHEN THERE IS NO SP ON  LENITY RULE: Whenever a penal law is to
PART OF PERSON DEFENDING: be construed or applied and the law admits
1. No provocation was given at all of two interpretations, one lenient to the
2. Although there is provocation, it is not offender and one strict to the offender, that
sufficient interpretation which is lenient or favorable to
3. If there is SP, it did not come from the the offender will be adopted.
one defending
4. Although it came from the person
defending, it is not immediate or
imminent to aggression
Artemis Notes- Criminal Law 1

2.

CAR

 Where should par 4 apply?


o if all of them are alive, then par 4 could
only apply on the one on the right.
Requisite number 3 states that that
there should be no other practical or
less harmful ways to avoid it. The most
practical and less harmful way to avoid
greater injury is choosing to run over
one life.
3. when talking about State of necessity , which is
examined, factual basis or state of mind?

 Di ata nasagot to hahaha sorry di ko alam 

4. what is exercise of right/ office

 Under art 429, civil code, The owner or lawful


possessor of a thing has the right to exclude any
person from the enjoyment and disposal thereof. For
this purpose, he may use such force as may be
reasonably necessary to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of
his property
 It is not necessary that there be unlawful
aggression against the person charged with the
protection of property, because he was merely
protecting his rights.
5. under par. 6, only when there is lawful order and
means employed are lawful will par 6 apply

 False. even if the order is not lawful but it


appears to be lawful and the subordinate
believes it to be lawful, the justifying
circumstance would still lie

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