Criminal Law Reviewer Criminal Law - Criminal law is that branch or division of law which defines crimes, treats

of their nature, and provides for their punishment.

Terms: 1. Crimes - an act committed or omitted in violation of a public law forbidding or commanding it. 2. Felony - a crime punishable under the RPC. 3. Offense - a crime punishable under special laws. 5. Misdemeanor - a minor infraction of law.

Sources of Criminal Law: 1. The Revised Penal Code 2. Special Penal Laws 3. Penal Presidential Decrees during Martial Law

Characteristics: I. General - it is binding on all persons who live and sojourn in the Philippines. - Exceptions: A. Treaty Stipulations 1. RP-US Visiting Forces Agreement Crimes Crimes punishable under RP Laws but not under US laws Crimes Punishable under the US laws but not under RP laws Crimes punishable under both RP and US laws Jurisdiction RP has exclusive jurisdiction US has exclusive jurisdiction There is concurrent jurisdiction but the RP has the right of primary jurisdiction, especially when it is a threat to RP security, namely: 1. Treason 2. Espionage 3. Sabotage R has no jurisdiction

Crimes committed by US personnel arising out of an act done in performance of an official duty or against the security and property of the US alone

*The Philippines cannot refuse the request of the US for waiver of jurisdiction. Generally, the Philippines has to approve the request for waiver except if the crime is of national importance: 1. Heinous crimes 2. Child Abuse cases 3. Dangerous Drugs cases B. Laws of Preferential Application 1. RA 75 - persons exempt from arrest imprisonment and whose properties are exempt from distrait, seizure, and attachment: a. Ambassadors b. Public ministers c. Domestic servants of ambassadors and ministers *Unless the person is a citizen or inhabitant of the Philippines and the writ or process issued against him is founded upon a debt or obligation contracted prior to entering such service or the domestic servant is not registered with the DFA. 2. Warship rule - a warship of another country even though docked in the Philippines is considered an extension of the sovereign territory of their respective country. Same applies to embassies. 3. Principles of Public International Law a. The following are exempted: 1.) Sovereigns and other chiefs of state. 2.) Ambassadors, ministers, plenipotentiary, ministers resident, and charge d affairs. II. Territorial - generally, penal laws of the Philippines are enforceable only within its territory. -Exceptions: (See Art. 2, RPC) III. Prospective - generally, penal laws cannot make an act punishable in a manner in which it was not punishable when it was committed. (Penal laws are not retroactive in its effect.) -Exceptions: A. It can be applied retroactively if the penal law is favorable to the accused. B. If the penal law is expressly made applicable to pending actions or existing cause of actions. C. If the offender is a habitual criminal. -Limitation on the Power of Congress to enact penal laws: A. No ex post facto laws or bill of attainder shall be enacted. Ex Post Facto law - a law that would make a previous act criminal although it was not so at the time it was committed.

Bill of Attainder - a legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for a judicial determination of guilt.

Art. 1 Time when Act takes effect. - This code shall take effect on the first day of January, nineteen hundred and thirty two. Art. 2 Application of its provisions. - Except as provided for in treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine islands or obligations and securities issued by the Government of the Philippine islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the offense against national law security and the law of nations, defined in Title One of Book Two of this Code.

-Felonies under this article shall be cognizable by the proper court (RTC) where the criminal action was first filed. 1. Should commit an offense while on a Philippine ship or airship; -Philippine vessel or ship must be registered in registered with the Maritime Authority. -French rule (Flag or Nationality Rule) crimes committed aboard a vessel within the territorial waters of a country are not triable in the courts of the said country except when the commission affects the peace and security of the territory or when the safety of the state is endangered. -English rule (Territoriality Principle or Situs of the Crime Rule) - crimes committed aboard a vessel within the territorial waters of a country are tiable in the courts of such country except when the crimes merely affect things within the vessel or when they only refer to the internal management thereof. *We follow the English rule. -Foreign merchant vessels in transit: possession of drugs is not punishable but use of same is. -Foreign merchant vessels NOT I transit: mere possession of dangerous drugs is punishable because it can already be considered as importation. 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; -Obligations and securities of the GSIS, SSS, and Landbank are not of the government because they have a different charter.

3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or a. Direct/Indirect/Qualified Bribery b. Corruption c. Fraud against Public Treasury and Similar Offenses d. Possession of Prohibited Interest e. Malversation of Public Funds or Property f. Failure to Render Accounts Before Leaving the Country g. Illegal Use of Public Funds and Property h. Failure to make Delivery of Public Funds/Property i. Falsification Art. 3 Definitions Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. Felonies-Acts or omissions punishable by the RPC. Elements: 1. There must be an act or omission. 2. The act or omission must be punishable by the RPC. Act any bodily movement tending to produce some effect in the external world. It must be external as internal acts are beyond the sphere of penal law. Omission inaction, failure to perform a positive duty, which is one is bound to do. 3. The act is performed or the omission is incurred, by means of dolo or culpa. Classification of Felonies According to the Means by which they are commited: 1. Intentional felonies the act is performed or the omission is incurred with deliberate intent or malice to do injury. Requisites of Dolo or Malice: a. Freedom - voluntariness on the part of the person to commit the act or omission * When a person acts without freedom he is no longer a human being but a tool. If there is lack of freedom, the offender is exempt from liability.

b. Intelligence capacity to know and understand the consequence of ones act. *Without intelligence, necessary to determine the morality of human acts, no crime can exist. If there is lack of intelligence, offender is exempt from liability. c. Criminal Intent - the purpose to use a particular means to effect such a result. Intent to commit an act with malice, being purely a mental process, is presumed. Such presumption arises from the proof of commission of an unlawful act. *If there is lack of intent, the crime is justified and the offender incurs no criminal liability.

2. Culpable felonies performed without malice. Requisites of Culpa: a. Freedom b. Intelligence c. Negligence, imprudence, lack of foresight, lack of skill Negligence indicates deficiency of perception: failure to pay proper attention and to use diligence in foreseeing the injury or damage to impending to be caused. Usually involves lack of foresight. Imprudence indicates deficiency of action: failure to take the necessary precaution to avoid injury to person or damage to property. Usually involve lack of skill. Intentional vs Culpable felonies Intentional Act is malicious Without deliberate intent Has intention to cause an injury Culpable Not malicious Injury caused is unintentional being incident of another act performed without malice Wrongful act results from imprudence, negligence, lack of foresight, lack of skill

Mistake of fact a misapprehension of fact on the part of the person causing injury to another. Such person is NOT criminally liable as he acted without criminal intent. Requisites of Mistake of fact as a defense: 1. That the act done would have been lawful had the facts been as the accused believed them to be. 2. That the intention of the accused in performing the act should be lawful. 3. That the mistake must be without fault or carelessness on the part of the accused. Mala Prohibita punishable by Special Laws and where criminal intent is not, as a rule, necessary, it being sufficient that the offender has the intent to perpetrate the act prohibited by the special law. It is punishable because the prohibited act is so injurious to the public welfare that it is the crime itself. Mala in Se vs Mala Prohibita

Nature As to use of good faith as a defense As to use of intent as an element As to the degree of accomplishment of the crime

Mala in Se Wrong from its very nature Good faith is a valid defense unless the crime is the result of culpa Intent is an element The degree of accomplishment of the crime is taken into account in the punishment of the offender

Mala Prohibita Wrong because it is prohibited by law Good faith is not a defense

Criminal intent is immaterial The act gives rise to a crime only when it is consummated

As to mitigating and aggravating circumstances As to degree of participation

As to the accomplishment

stage

of

As to what laws are violated

Mitigating and aggravating circumstances are taken into account in imposing the penalty When there is more than one offender, the degree of participation of each in the commission of the crime is taken into account Penalty is computed on the basis of whether he is a principal offender or merely an accomplice or accessory General rule: violations of the RPC

Mitigating and aggravating circumstances are generally not taken into account Degree of participation is generally not taken into account. All who participated in the act are punished to the same extent. The penalty on the offender are the same whether they are merely accomplices or accessories General rule: violations of special rule.

Intent vs Motive Intent Is the purpose to use a particular means to effect such result Is an element of the crime, except in culpable felonies Is essential in intentional felonies Motive Is the reason or moving power which impels one to commit an act for a definite result Is NOT an element of the crime Is essential only when the identity of the perpetrator is in doubt

When Motive is Relevant: 1. When there is doubt as to the identity of the assailant. 2. In ascertaining the truth between two antagonistic versions of the killing. 3. Where the identification of the accused proceeds from an unreliable source and the testimony is inconclusive and not free from doubt. 4. Where there no eyewitnesses to the crime, and where suspicion is likely to fall upon a number of persons. 5. When the act alleged to be committed in defense of a stranger because it must not be induced by revenge, resentment, or other evil motive. 6. If the evidence is merely circumstantial.

* Motive is proved by testimony of witnesses, or on acts or statements of the accused before or immediately after the commission of an offense. Art. 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 have be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. Rationale: He who is the cause of the cause is the cause of then evil caused. Requisites: 1. That an intentional felony has been committed. 2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed. Proximate Cause - that cause, which, in the natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury without which the result would not have occurred. -The relation of cause and effect must be shown: a. Unlawful act is the efficient cause b. Accelerating cause c. Proximate cause Criminal Liability incurred even if there is: 1. Mistake in identity 2. Mistake in the blow 3. Injury greater than that intended