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Art. 1. Time when Act takes effect – measures in each particular case
This code shall take effect on the first after a thorough, personal and
day of January, nineteen hundred and individual investigation conducted by
thirty-two. a competent body of psychiatrists
and social scientists.
The Revised Penal Code took effect on
the January 1, 1932 POWER TO DEFINE AND PUNISH
CRIMES
CRIMINAL LAW – is that branch or The State has the authority, under its
division of law which defines crimes, police power, to define and punish
treats of their nature, and provides for crimes and to lay down the rules of
their punishment. criminal procedure.
the act is performed with deliberate accident other than his own
intent (with malice). The performer spontaneous desistance.
in performing the act or in incurring
the omission, has the intention to C. According to gravity
cause an injury to another. 1. Grave felonies – those to which the
Ex: murder, estafa law attaches the capital punishment
2. Culpable felonies – where the or penalties which in any of their
wrongful acts result from periods are afflictive in accordance
imprudence, negligence, lack of with Art. 25 of the RPC.
foresight or lack of skill. The act or Ex: rape, parricide.
omission of the offender is not 2. Less Grave felonies – those which
malicious. The injury caused by the the law punishes with penalties
offender to another person is which in their maximum period are
unintentional, it being simply the correctional.
incident of another act performed Ex: attempted homicide, illegal
without malice. As stated in Art. 3, discharge of firearm.
the wrongful act results from 3. Light felonies – those infractions of
imprudence, negligence, lack of law for the commission of which the
foresight, or lack of skill. penalty of arresto mayor or a fine not
Ex: homicide thru reckless exceeding P200.00, or both, is
imprudence or reckless imprudence provided.
resulting to homicide. Ex: slight physical injuries, alarm and
3. Crimes which are defined and scandal.
penalized by special laws – as a
rule, intent to commit the crime is not HOW FELONIES ARE COMMITTED:
necessary, it is sufficient that the 1. BY MEANS OF DECEIT (DOLO) –
offender has the intent to perpetrate there is deceit when the act
the act prohibited by the special law. performed with deliberate intent. In
The act alone, irrespective of the order that an act or omission may be
motives, constitutes the offense. considered as having been
Good faith is not a defense. performed or incurred with deliberate
Ex: illegal possession of firearms, intent or malice, the following
violation of the omnibus election requisites must concur:
code, or crimes punished by city or a) He must have FREEDOM while
municipal ordinances. doing an act or omitting to do an
act.
B. According to stage of execution Exception:
1. Consummated – when all the A person who acts under the
elements necessary for its execution compulsion of an irresistible force
and accomplishment are present. is exempt from criminal liability.
2. Frustrated – when the offender A person who acts under the
performs all the acts of execution impulse of an uncontrollable fear
which would produce the felony as a of an equal or greater injury is
consequence but which nevertheless exempt from criminal liability.
do not produce it by reason of b) He must have INTELLIGENCE
causes independent of the will of the while doing the act or omitting to
perpetrator. do an act.
3. Attempted – when the offender Exception:
commences the commission of a An imbecile or the insane, and
felony directly by overt acts, and the infant under nine years of
does not perform all the acts of age, as well as, the minor over
execution which should produce the nine but less than fifteen years
felony by reason of some causes or old and acting without
CRIMINAL LAW REVIEW
Mhay Binuya Juanzon
Bachelor of Laws - Manila Law College
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Title II
PERSONS CRIMINALLY LIABLE Title III
FOR FELONIES PENALTIES
PARTIAL EXTINGUISHMENT
1. Conditional pardon