Criminal

Law branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.

Crime defined as an act committed or omitted in violation of a public law forbidding or
commanding it.

Limitations
Ex post facto law and bill of attainder
Due process and equal protection

Characteristics
General Criminal law is biding on all persons who live and or sojourn in Philippine
territory. (Art. 14, NCC)
o Civil courts have concurrent jurisdiction with the military courts or general courts-
martial over soldiers of the AFP. (In times of war: Provided that in the place of the
commission of the crime no hostilities are in progress and civil courts are
functioning.)
o RPC and other penal law do not apply when military courts take cognizance of the
case. (Articles of War apply) Military courts has jurisdiction over service-connected
offenses.
o Prosecution of an accused before a court-martial is a bar to another prosecution for
the same offense.
o Offenders accused of war crimes are triable by military commission. (Military
Commission has jurisdiction so long as a technical state of war continues.)
o Exception, Art. 2, RPC, subject to the principles of public international law and treaty
stipulations.
o Persons exempt: (1) Sovereigns and chiefs of state. (2) Ambassadors, ministers,
plenipotentiary, ministers resident, and charges daffaires.
Territorial criminal laws undertake to punish crimes committed within Philippine territory.
o The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal
waters of the Philippines. (Art. 2, 1987 Constitution)
o Application of its provisions. Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within
the Philippine Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands
or obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of

the obligations and securities mentioned in the 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. (Art 2, RPC)
Prospective a penal law cannot make an act punishable in a manners in which it was not
punishable when committed.
o Application of laws enacted prior to this Code. Without prejudice to the
provisions contained in Article 22 of this Code, felonies and misdemeanors,
committed prior to the date of effectiveness of this Code shall be punished in
accordance with the Code or Acts in force at the time of their commission. (Art 366,
RPC)
o Exception: whenever a new statute dealing with crime establishes conditions more
lenient or favorable to the accused, it can be given retroactive effect.
Exception to the Exception: (1) where the new law is expressly made
inapplicable to pending actions or existing causes of action. (2) where the
offender is a habitual criminal under Rule 5, Article 62 of the RPC. (For the
purpose of this article, a person shall be deemed to be habitual delinquent, is
within a period of ten years from the date of his release or last conviction of
the crimes of serious or less serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any of said crimes a third time or oftener.)
Effects: Lower Penalty = Apply NEW law, Higher Penalty = OLD law applies,
Total Repeal = crime is Obliterated.
When a new law and the old law penalize the same offense, the offender can
be tried under the old law.
When the repealing law fails to penalize the offense under the old law, the
accused cannot be convicted under the new law.
A person erroneously accused and convicted under a repealed statute may
be punished under the repealing statute. The fact that the offender was
erroneously accused and convicted under a statute which had already been
repealed and therefore no longer existed at the time the act complained of
was committed does not prevent conviction under the repealing statute
which punished the same act, provided the accused had an opportunity to
defend himself against the charge brought against him.
A new law, which omits anything contained in the old law dealing on the
same subject, operates as a repeal of anything not so included in the
amendatory act. (cessante ratione legis cessat ipsa lex, the reason of the law
ceasing, the law itself also ceases)

Construction of Penal Laws
Penal laws are strictly construed against the government and liberally in favor of the
accused. (Applicable only when the law is ambiguous and there is doubt as to its
interpretation.)

In the construction and interpretation of the provisions of the RPC, the Spanish text is
controlling, because it was approved by the Philippine Legislature in its Spanish text.
No person should be brought within the terms of criminal statutes who is not clearly within
them, nor should any act be pronounced criminal which is not clearly made so by the
statute.

Basis
Classical theory basis of criminal liability is human free will and the purpose of the penalty
is retribution.
Positivist theory human is naturally good, but is subdued by a strange and morbid
phenomenon which constrains him to do wrong, in spite of or contrary to his violation, the
purpose of penalty is reformation.

Application
Offenses committed on the high seas on board a foreign merchant vessel is not triable by
our courts.
Offenses committed on board a foreign merchant vessel while on Philippine waters in
triable before our courts.
Transitory offense - crimes where some acts material and essential to the crimes and
requisite
to
their
commission
occur
in
one municipality or territory and some acts are done in another place.
Continuing offense: consummated in one place, yet bynature of the offense, the violatio
n of the law
is deemed continuing.
English Rule such crimes are triable in that country, unless they merely affect things within
the vessel or they refer to internal management thereof.
Crimes not involving a breach of public order committed on board a foreign merchant
vessel in transit no triable by our courts.
Smoking opium constitutes a breach of public order.
Philippine courts have no jurisdiction over offense committed on board foreign warships in
territorial waters.
RA 9372 - AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);

and,

5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974);
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)
Thereby sowing and creating a condition of widespread and extraordinary fear and
panic among the populace, in order to coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40)
years of imprisonment, without the benefit of parole as provided for under Act No.
4103, otherwise known as the Indeterminate Sentence Law, as amended.
Subject to the provision of an existing treaty of which the Philippines is a
signatory and to any contrary provision of any law of preferential application, the
provisions of this Act shall apply: (1) to individual persons who commit any of the
crimes defined and punished in this Act within the terrestrial domain, interior
waters, maritime zone, and airspace of the Philippines;
(2) to individual persons who, although physically outside the territorial limits of
the Philippines, commit, conspire or plot to commit any of the crimes defined
and punished in this Act inside the territorial limits of the Philippines;
(3) to individual persons who, although physically outside the territorial limits of
the Philippines, commit any of the said crimes on board Philippine ship or
Philippine airship;
(4) to individual persons who commit any of said crimes within any embassy,
consulate, or diplomatic premises belonging to or occupied by the Philippine
government in an official capacity;
(5) to individual persons who, although physically outside the territorial limits of
the Philippines, commit said crimes against Philippine citizens or persons of
Philippines descent, where their citizenship or ethnicity was a factor in the
commission of the crime; and
(6) to individual persons who, although physically outside the territorial limits of
the Philippines, commit said crimes directly against the Philippine government.

Felonies are acts and omissions punishable by the RPC.
Definition Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only by means of deceit (dolo) but also by means of fault
(culpa).
There is deceit when the act is performed with deliberated intent; and there is fault
when the wrongful act results from imprudence, negligence, lack of foresight, or lack of
skill. (Art.3,RPC)
Elements: (1) there must be an act or omission, (2) the act or omission must be punishable
by the RCP, (3) the act is performed or the omission incurred by means of dolo or culpa.
Act = external act
Omission = inaction
Punishable by law (nullum crimen, nulla poena sine lege, there is no crime where there is no
law punishing it.)

A person who causes an injury, without intention to cause an evil, may be help liable for
Intentional Felonies

Culpable Felonies

Act or omission of the offender is Act or omission is not malicious.

malicious.
Act is performed with deliberate intent.
Injury caused by the offender in
unintentional.
The offender, in performing the act or in An incident of another act performed
incurring the omission, has the intention without malice. The wrongful act results
to cause an injury to another.
from imprudence, negligence, law or
foresight or lack of skill.
culpable felony.
Imprudence deficiency of action, failure to take necessary precaution to avoid injury.
Negligence deficiency of perception, failure to pay proper attention and use due diligence
in foreseeing the injury or damage impending to be caused.
Acts executed negligently are voluntary.
Requisites of dolo or malice (1) he must have FREEDOM while doing an act or omitting to
do an act; (2) he must have INTELLIGENCE while doing the act or omitting to do an act; (3)
he must have INTENT while doing the act or omitting to do the act.
A voluntary act is free, intelligent, and intentional act.
Intent presupposes the exercise of freedom and the use of intelligence.
The existence of intent is shown by the overt acts of a person.
Criminal intent and the will to commit a crime are always presumed to exist on the part of
the person who executes an act, which the law punishes, unless the contrary shall appear.
The presumption of criminal intent does not arise from the proof of the commission of an
act, which is not unlawful. (Actus non facit reum, nisi mens sit rea, a crime is not committed
if the mind of the person performing the act complained be innocent.
It is true that a presumption of criminal intent may arise from proof of the commission of a
criminal act; and the general rule is that if it is proved that the accused committed the
criminal act charged, it will be presumed that the act was done with criminal intention and
that it is for the accused to rebut the presumption. But it must be borne in mind that the act
from which such presumption springs must be a criminal act.
Ignorance or mistake of fact relieves the accused from criminal liability.
Mistake of fact is a misapprehension of fact on the part of the person who caused injury to
another. He is not, however, criminally liable, because he did not act with criminal intent.
Hones mistake of fact destroys the presumption of criminal intent, which arises upon the
commission of a felonious act.
Requisites of MOF (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.
Lack of intent to commit a crime may be inferred from the facts of the case.
Lack of intent to kill the deceased, because his intention was to kill another, does not relieve
the accused from criminal responsibility.
Criminal intent is necessary in felonies committed by means of dolo. (Actus non facit reum
nisi mens sit rea, the act itself does not make a man guilty unless his intentions were so.)
(Actus me invite factus non est meus actus, an act done by me against my will is not my act.)
Requisites of fault or culpa (1) he must have FREEDOM while doing an act or omitting to
do an act; (2) he must have INTELLIGENCE while doing the act or omitting to do an act; (3)
he is IMPRUDENT, NEGLIGENT or LACKS FORESIGHT or SKILL while doing the act or omitting
to do the act.
In culpable felonies, the injury caused to another should be unintentional, it being simply
the incident of another act performed without malice.
Mistake in the identity of the intended victim is not reckless imprudence. Where such an
unlawful act is willfully done, a mistake in the identity of the intended victim cannot be
considered as reckless imprudence.

A person causing damage or injury to another, without malice or fault, is not criminally
Mala In Se
Wrongful from their nature

Mala Prohibita

Wrongful merely because prohibited by

statute.
Are those so serious in their effects on Are violations of mere rules of
society as to call for almost unanimous convenience designed to secure a more
condemnation of its members
orderly regulation of the affairs in the
society.
Intent governs
The only inquiry is, has the law been
violated?
Refers generally to felonies defined and Refers generally to acts made criminal by
penalized by the RPC.
special laws.
liable under the RPC. In such case, he is exempt from criminal liability, because he causes an
injury by mere accident, without fault or intention of causing it. (The act performed must be
lawful)
Dolo not required in crimes punished by special laws. It is sufficient that the offender has
the intent to perpetrate the act prohibited by the special law. It is enough that the
prohibited act is done freely and consciously.
In those crimes punished by special laws, the act alone, irrespective of its motives,
constitutes the offense. When the doing of an act is prohibited by a special law, it is
considered that the act is injurious to public welfare and the doing of the prohibited act is
the crime itself.
Good faith and absence of criminal intent not valid defenses in crimes punished by special
laws.

When the acts are inherently immoral, they are mala in se, even if punished under special
law.
Motive is the moving power, which impels one to act for a definite result. Intent is the
purpose to use a particular means to effect such result. Motive is not an essential element
of crime, and, hence, need not be proved for the purpose of conviction.
o Where the identity of a person accused of having committed a crime is in dispute,
the motive may have impelled its commission is very relevant.
o Generally, proof of motive not necessary to pin a crime on the accused if the
commission of the crime has been proven and the evident of identification is
convincing.
o Motive is essential only when there is doubt as to the identity of the assailant. It is
immaterial when the accused has been positively identified.
o Where the defendant admits the killing, it is no longer necessary to inquire into his
motive for doing the act.
o Motive is important in ascertaining the truth between two antagonistic theories or
versions of killing.
o Where the identification of the accused proceeds from an unreliable source and the
testimony is inconclusive and not free from doubt, evidence of motive is necessary.
o Where there are no eyewitnesses to the crime, and where suspicion is likely to fall
upon a number of persons, motive is relevant.
o If the evidence is merely circumstantial, proof of motive is essential.
o Proof of motive is not indispensable where guilt is otherwise established by
sufficient evidence.
Generally, the motive is established by the testimony of witnesses on the acts or statements
of the accused before or immediately after the commission of the offense. Such deeds or
words may indicate the motive.
Disclosure of the motive is an aid in completing the proof of the commission of the crime.
Proof of motive alone is not sufficient to support a conviction.
Lack of motive may be an aid in showing innocence of the accused.

Criminal Liability
Criminal liability shall be incurred: (1) by any person committing a felony (delito) although the
wrongful act done be different from that which he intended. (2) by any person performing an
act which would be an offense against persons or property, were it not for the inherent
impossibility of its accomplishment or on account of the employment of inadequate or
ineffectual means. (Art. 4,RPC)

One who commits an intentional felony is responsible for all the consequences, which may
naturally and logically result therefrom, whether foreseen or intended or not.
(Par1,Art.4,RPC) (El que es causa de la causa es causa del mal causado, he who is the cause
of the cause is the cause of the evil caused.)
o Committing a felony punishable by the RPC.

When a person has not committed a felony, he is not criminally liable for the
result, which is not intended.
o Although the wrongful act done be different from that which he intended.
Error in personae (Mistake in the identity of the victim)
Aberratio Ictus (Mistake in the blow)
Praeter Intentionem (The injurious result is greater that that intended)
Requisites of Par. 1: (1) that an intentional felony has be committed; (2) that the wrong
done to the aggrieved party be the direct, natural, and logical consequence of the felony
committed by the offender.
Any person who creates in anothers mind an immediate sense of danger, which causes the
latter to do something resulting in the latters injuries, is liable for the resulting injuries.
Felony committed must be the proximate cause of the resulting injury.

o Not proximate cause when: (1) there is an active force that intervened between the
felony committed and the result injury, and the active force is a distinct act or fact
absolutely foreign from the felonious act of the accused; (2) the resulting injury is
due to the intentional acts of the victim.
Unskillful and improper treatment may be an active force, but it is not a
distinct act or fact absolutely foreign from the criminal act.
o The offender is criminally liable for the death of the victim if his delictual act caused,
accelerated or contributed to the death of the victim.
o Not efficient intervening causes: (1) the weak or diseased physical condition of the
victim, (2) the nervousness or temperament of the victim, (3) Causes which are
inherent in the victim, (4) neglect of the victim or third person, (5) erroneous or
unskillful medical or surgical treatment.
Death is presumed to be the natural consequence of physical injuries inflicted when: (1)
that the victim at the time the physical injuries were inflicted was in normal health. (2) that
death may be expected from the physical injuries inflicted. (3) that death ensued within a
reasonable time.
If the consequences produced have resulted from a distinct act or fact absolutely foreign
from the criminal act, the offender is not responsible for such consequences.
A supervening event may be the subject of amendment of the original information or of a
new charge without double jeopardy.
Impossible Crimes the commission of an impossible crime is indicative of criminal
propensity or criminal tendency on the part of the actor. Requisites: (1) the act performed
would be an offense against persons or property, (2) that the act done was with evil intent,
(3) that its accomplishment is inherently impossible, or that the means employed is either
inadequate or ineffectual, (4) that the act performed should not constitute a violation of
another provision of the RPC.
o Offender intends to commit a felony against persons or property, and the act
performed would have been an offense. But a felony should not be actually
committed, for; otherwise, he would be liable for that felony.
o If the act performed would be an offense other that a felony against persons or
against property, there is no impossible crime.

o The act done was done with EVIL INTENT.

o Inherent Impossibility the act intended by the offender is by its nature one of
impossible accomplishment.
There must either be (1) legal impossibility or (2) physical impossibility.
o Employment of inadequate means. But where the means employed is adequate and
the result expected in not produced, it is not an impossible crime, but a frustrated
felony.

Duty of the Court
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
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. (Art.5,RPC)
Acts which should be repressed but which are not covered by the law, requisites: (1) the act
committed by the accused appears not punishable by any law; (2) but the court deems it
proper to repress such act; (3) in that case, the court must render the proper decision by
dismissing the case and acquitting the accused; (4) the judge must then make a report to
the Chief Executive, through the Secretary of Justice, stating the reason which induce him to
believe that the said act should be made the subject of penal legislation.
In cases of excessive penalties, the law requires: (1) the court after trial finds the accused
guilty; (2) the penalty provided by law and which the court imposes for the crime
committed appears to clearly excessive, because (a) the accused acted with lesser degree of
malice and/or (b) there ins no injury or the injury caused is of lesser gravity; (3) the court
should not suspend the execution of the sentence; (4) the judge should submit a statement
to the Chief Executive, through the Secretary of Justice, recommending executive clemency.
o The penalties are not excessive when intended to enforce a public policy.
o It is the duty of judicial officers to respect and apply the law, regardless of their
private opinions.
o 2nd paragraph of Art. 5 have no application to the offense defined and penalized by a
special law.

Consummated, Frustrated and Attempted Felonies
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. (Art 6.,RPC)

Development of crime: (1) Internal Acts, (2) External Acts
o Internal Acts, such as mere ideas in the mind of a person, are not punishable even if,
had they been carried out, they would constitute a crime. Mere intention producing
no effect is no more a crime than a mere effect without the intention is a crime.
o External acts cover (a) preparatory acts; (b) acts of execution
Preparatory acts ordinarily they are not punishable, except when the law
provides for their punishment in certain felonies.
Acts of execution - punishable under the RPC.
Attempted when the offer begins the commission of a felony directly
by overt acts. He has not performed all the acts of execution, which
should produce the felony. Elements: (1) the offender commences the
commission of the felony directly by overt acts; (2) he does not perform
all the acts of execution, which should produce the felony; (3) the
offenders act is not stopped by his own spontaneous desistance; (4) the
non-performance of all acts of execution was due to cause or accident
other than his spontaneous desistence.
The external acts must be related to the overt acts (some physical
activity or deed, indicating the intention to commit a particular crime,
more than a mere planning or preparation, which if carried to its
complete termination following its natural course, without being of the
crime the offender intended commit.
Drawing or trying to draw a pistol is not an overt act of homicide.
Raising a bolo as if to strike the offended party with it is not an overt act
of homicide.
Overt act may not be by physical activity.
External acts mush have a direct connection with the crime intended to
be committed by the offender.
Indeterminate offense it is one where the purpose of the offender in
performing act is not certain. Its nature in relation to its objective is
ambiguous.
The intention of the accused must be viewed from the nature of the acts
executed by him, not form his admission.
When there is conspiracy, the rule is the act of one is the act of all.
Desistance should be made before all the acts of execution are
performed.

 The desistance which exempts from criminal liability has reference to the
crime intended to be committed, and has no reference to the crime
actually committed by the offender before his desistance.
Subjective phase it is that portion of the acts constituting the crime,
starting from the point where the offender begins the commission of the
crime to that point where he has still control over his acts, including their
natural course.
If between these two points the offender is stopped by any cause
outside of his own voluntary desistance, the subjective phase has not
been passed and it is an attempt. If he is not so stopped but continues
until he performs the last act, it is frustrated, provided the crime is not
produced. The acts then of the offender reached the objective phase of
the crime.
Frustrated Felony, Elements: (1) the offender performs all the acts of
execution; (2) all the acts performed would produce the felony as a
consequence; (3) but the felony is not produced; (4) by reason of causes
independent of the will of the perpetrator.
The SC in certain cases has emphasized the belief of the accused.
Consummated Felony all elements necessary for its execution and
accomplishment are present.
Manner of Committing the Crime:
v Formal Crimes consummated in one instant, no attempt.
(Slander and false testimony)
v Crimes consummated by mere attempt or proposal or by over
acts. (Flight to enemys country and corruption of minors and
treason)
v Felony by omission, no attempted stage.
v Crimes requiring the intervention of two persons to commit them
are consummated by mere agreement.
v Material crimes there are three stages of execution. (Rape,
murder, etc.)
There is no attempted or frustrated impossible crime

Light Felonies are those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or both is provided. (Slight Physical Injuries, Theft,
Alteration of boundary marks, malicious mischief and intriguing against honor)

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. (Art.7,RPC)

Conspiracy
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. (Art.8,RPC)

Conspiracy is not a crime except when the law specifically provides a penalty therefor.
RPC provides penalty for mere conspiracy: Commit treason; commit coup detat, rebellion
or insurrection; commit sedition. These crimes should not have been actually committed or
else conspiracy becomes a manner of incurring criminal liability and not considered a
separate offense.
The acts of the defendants must show a common design.
Period of time to afford opportunity for meditation or reflection, not required in conspiracy.
Requisites: (1) that two or more persons came to an agreement; (2) that the agreement
concerned the commission of a felony; (3) that the execution of the felony be decided upon.
RPC provides penalty for mere proposal: Commit treason; commit coup detat, rebellion or
insurrection.
Requisites: (1) that a person has decided to commit a felony; (2) that he proposes its
execution to some other person or persons.
There is no criminal proposal when: (1) the person who proposes it not determined to
commit the felony. (2) There is no decided, concrete and formal proposal. (3) It is not the
execution of a felony that is proposed.
It is not necessary that the person to whom the proposal be made agree to commit treason
or rebellion.
Proposal as an overt act of corruption of public officer. (Attempted Bribery)

Grace, Less Grave and Light Felonies

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.
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.

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.
Correctional penalties:
Prision correccional,
Arresto mayor,

Suspension,
Destierro.

Light felonies are those infractions of law for the commission of which a penalty of arresto
menor or a fine not exceeding 200 pesos or both; is provided. (Art.9,RPC)
Arresto menor,
Public censure.

Offenses Not Subject to RPC
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.
(Art.10,RPC)

First clause is understood to mean that the RPC is not meant to supersede special penal
laws. The second clause provides that the RPC shall be supplementary to special laws,
unless the latter should specially provide the contrary.
The provisions of the RPC on penalties cannot be applied to offenses punishable under
special laws.
Where the special law adopted penalties from the RPC, the rules for graduating penalties by
degrees or determining the proper period should be applied.
Art. 6 of RPC cannot be applied to special laws, unless special law provides a penalty
therefor.
The special law has to fix penalties for attempted and frustrated crimes.
This provision is not applicable to punish an accomplice under the special law.
Plea of guilty is not mitigating in illegal possession of firearms punished by special law.
Special laws amending the RPC are subject to its provisions.

Chapter Two
JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL
LIABILITY

Article 11. Justifying circumstances. - The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.

2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants,
or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same
degrees and those consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are present, and the further
requisite, in case the revocation was given by the person attacked, that the one making defense
had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and
second requisites mentioned in the first circumstance of this Article are present and that the
person defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes damage to
another, provided that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

Article 12. Circumstances which exempt from criminal liability. - the following are exempt from
criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave without first obtaining the
permission of the same court.

2. A person under nine years of age. (Now 15 years or under, RA9344)

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in
which case, such minor shall be proceeded against in accordance with the provisions of Art. 80

of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his
family who shall be charged with his surveillance and education otherwise, he shall be
committed to the care of some institution or person mentioned in said Art. 80. (Above 15 but
below 18)

4. Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.

5. Any person who act under the compulsion of irresistible force.

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.

7. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.

Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Article 13. Mitigating circumstances. - The following are mitigating circumstances;
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to
exempt from criminal liability in the respective cases are not attendant.

2. That the offender is under eighteen year of age or over seventy years. In the case of the
minor, he shall be proceeded against in accordance with the provisions of Art. 80.

3. That the offender had no intention to commit so grave a wrong as that committed.

4. That sufficient provocation or threat on the part of the offended party immediately preceded
the act.

5. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same
degrees.

6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

7. That the offender had voluntarily surrendered himself to a person in authority or his agents,
or that he had voluntarily confessed his guilt before the court prior to the presentation of the
evidence for the prosecution;

8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which
thus restricts his means of action, defense, or communications with his fellow beings.

9. Such illness of the offender as would diminish the exercise of the will-power of the offender
without however depriving him of the consciousness of his acts.

10. And, finally, any other circumstances of a similar nature and analogous to those above
mentioned.

Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

Article 14. Aggravating circumstances. - The following are aggravating circumstances:
1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt or with insult to the public authorities.

3. That the act be committed with insult or in disregard of the respect due the offended party
on account of his rank, age, or sex, or that is be committed in the dwelling of the offended
party, if the latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive or in his presence, or where
public authorities are engaged in the discharge of their duties, or in a place dedicated to
religious worship.

6. That the crime be committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the commission of
an offense, it shall be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.

9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of this Code.

10. That the offender has been previously punished by an offense to which the law attaches an
equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a
vessel or international damage thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.

13. That the act be committed with evidence premeditation.

14. That the craft, fraud or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the
defense.

16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes against the person, employing
means, methods, or forms in the execution thereof which tend directly and specially to insure
its execution, without risk to himself arising from the defense which the offended party might
make.

17. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.

18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be
broken.

20. That the crime be committed with the aid of persons under fifteen years of age or by means
of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by RA
5438).

21. That the wrong done in the commission of the crime be deliberately augmented by causing
other wrong not necessary for its commissions.

Chapter Five
ALTERNATIVE CIRCUMSTANCES

Article 15. Their concept. - Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of the crime and
the other conditions attending its commission. They are the relationship, intoxication and the
degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the
offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or
sister, or relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating circumstances

when the offender has committed a felony in a state of intoxication, if the same is not habitual
or subsequent to the plan to commit said felony but when the intoxication is habitual or
intentional, it shall be considered as an aggravating circumstance.

Title Two
PERSONS CRIMINALLY LIABLE FOR FELONIES
Article 16. Who are criminally liable. - The following are criminally liable for grave and less
grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.

Article 17. Principals. - The following are considered principals:
1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it
would not have been accomplished.

Article 18. Accomplices. - Accomplices are those persons who, not being included in Article 17,
cooperate in the execution of the offense by previous or simultaneous acts.

Article 19. Accessories. - Accessories are those who, having knowledge of the commission of
the crime, and without having participated therein, either as principals or accomplices, take
part subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in
order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided
the accessory acts with abuse of his public functions or whenever the author of the crime is
guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is
known to be habitually guilty of some other crime.

Article 20. Accessories who are exempt from criminal liability. - The penalties prescribed for
accessories shall not be imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception of accessories falling within the
provisions of paragraph 1 of the next preceding article.