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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
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.
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)
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
NO. not all the time. The judge should also take
into consideration the circumstances that led to
the number of wounds inflicted.
2.
CAR