Criminal law is that branch or division of law which defines crimes, treats of their nature, and

provides for their punishment.

Crime is an act committed or omitted in violation of a public law forbidding or commanding it.
-whether the wrong doing is punished under the RPC or under a special law. the generic word
crime can be used

Felony acts and ommission punishable by the revised penal code

Offenses crime punished under a special law is called statutory offense

Violation It could refer to those contraventions against special penal law

Transgression is a wrong doing or misbehaviour in violation of a prescribed law

Infraction usually used to refer to a minor law breaking

Misdemeanor minor infraction of the law, such as a violation of an ordinance, is referred to as a

misdemeanour. Seldon used in Ph

SOURCES OF PHILIPPINE PENAL LAWS

1. The Revised Penal Code (Act No. 3815) which took effect on January 1,1932, and its
amendments;

2. Special laws defining acts and providing penalties for them passed by the legislative
department or branch of Philippine Government known variously in Philippine history as
Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, Batasang
Pambansa and Congress of the Philippines;

3. Presidential Decrees of Pres. Ferdinand E. Marcos during his term; and

4. Executive Orders of former Pres. Corazon C. Aquino during her incumbency.

RightS of the Accused

A. Constitutional Rights

1. Right to bail except those charged with offenses punishable by reclnsion perpehia (and/or
death) when evidence of guilt is strong. (Sec. 13, Art. Ill)

2. To be presumed innocent until the contrary is proved, to be heard by himself and counsel, to
be informed of the nature and cause of the accusation against him, to have a speedy, impartial
and public trial, to meet the witnesses face to face, and the right to compulsory process to
secure attendance of witnesses, and production of evidence. (Sec. 14, Art. Ill)

3. Not to be compelled to be a witness against himself. (Sec. 12, Art. Ill)

4. Right against excessive fines or cruel, degrading or inhuman punishment. (Section 19, Art. Ill)

5. Right not to be put twice in jeopardy of punishment for the same offense. (Sec. 2, Art. Ill)

B. Statutory Rights

1. To be presumed innocent until the contrary is proved beyond reasonable doubt.

2. To be informed of the nature and cause of accusation against him.

3. To be present and defend in person and by counsel at every stage of the proceedings; to
defend himself in person when it sufficiently appears to the court that he can protect his rights
without the assistance of counsel.

4. To testify as a witness in his own behalf.

5. To be exempt from being compelled to be a witness against himself.

6. To confront and cross-examine the witnesses against him.

7. To have a compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf.

8. To have a speedy, impartial and public trial, and

9. To have the right to appeal in all cases allowed and in the manner prescribed by law. (Sec. 115,
Rules of Court)

LIMITATION UPON PENAL LEGISLATIONS

1. Due Process Clause

2. Equal Protection Clause

3. No degrading, inhumane, or cruel punishment

4. No ex post facto law or bill of attainder (a legislative act which inflicts punishment without
judicial trial. Its essence is the substitution of a legislative act for a judicial determination of guilt,
offense against the due process clause and ex post facto law)

Ex post facto laws are ones that:

(1) makes criminal an act done before the passage of the law and which was innocent when
done, and punishes such an act;

(2) aggravates a crime, or makes it greater than it was, when committed;

(3) changes the punishment and inflicts a greater punishment than the law annexed to the crime
when committed;

(4) alters the legal rules of evidence, and authorizes conviction upon less or different testimony
than the law required at the time of the commission of the offense;

(5) assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of
a right for something which when done was lawful; and

(6) deprives a person accused of a crime some lawful protection to which he has become
entitled, such as the protection of a former conviction or acquittal, or a proclamation of
amnesty.

PHILOSOPHICAL THEORIES IN CRIMINAL LAW

(RPC) Characteristics of the classical theory.

1. The basis of criminal liability is human free will and the purpose of the penalty is retribution.

2. That man is essentially a moral creature with an absolutely free will to choose between good
and evil, thereby placing more stress upon the effect or result of the felonious act than upon the
man, the criminal himself.

3. It has endeavored to establish a mechanical and direct proportion between crime and penalty.

(SPL's) Characteristics of the positivist theory.

1. That man is subdued occasionally by a strange and morbid phenomenon which constrains him
to do wrong, in spite of or contrary to his volition.

2. That crime is essentially a social and natural phenomenon, and as such, it cannot be treated
and checked by the application of abstract principles of law and jurisprudence nor by the
imposition of a punishment, fixed and determined a priori; but rather through the enforcement
of individual measures in each particular case after a thorough, personal and individual
investigation conducted by a competent body of psychiatrists and social scientists.

(Criminal Law as a whole) Eclectic theory.

This combines the good features of both the classical and the positivist theories. Ideally, the
classical theory should be applied to grievous or heinous crimes, whereas, the positivist is made
to apply on economic and social crimes.

CHARACTERISTICS OF PENAL LAWS (Cardinal Features)

Generality. Penal laws are binding on all persons who reside or sojourn in the Philippines
whether citizens or not (XPN: Primciples of Public Intl Law, Treaty Stipulations, Laws of
Preferential App)
Territoriality. The law is applicable to all crimes committed within the limits of Philippine
territory except as provided in article 2 of RPC

Prospectivity. a penal law can not make an act punishable when it was not punishable when
committed. nullum crimen nulla poena sine lege

Article 1. Time when Act takes effect. - This Code shall take effect on the January
1, 1932
 because of Article 21 which prohibit the imposition of a penalty not prescribed by law prior to
the commission of a felony; Article 22 which prohibits retroactivity of penal laws; and the
constitutional prohibition on ex post facto law.

Article 2. 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 anycoin 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.

Article 3. Definitions. - Acts and omissionspunishableby law are felonies (delitos).

Felonies are committed not only be 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.

MODES OF EXECUTION (art. 3)

1. Intentional felonies — committed by means of deceit or malice.

(Elements:freedom,intent,intelligence)

Intent — it is the purpose to use a particular means to effect a result

General Intent — Refers to criminal intent as a whole (mens rea). it is the essential element in
felonies commited by dolus

Specific Intent — Some particular felonies require proof of a specific intent. The specific intent of
an accused will determine the nature of the crime he has committed

Motive — it is the moving power which impels one to action for a definite result

GR: Motive is not an essential element of a crime, and, hence need not be proved for purposes
of conviction

XPN (When is motive material):

1. Where the identity of a person accused of having committed a crime is in dispute

2. When there is doubt as to the identity of the assailant

3. In ascerting the truth between two antagonistic theories or versions of killing

4. Where the identification of the accused proceeds from an unreliable cource and the testimony
is inconclusive and not free from doubt

5. When there is no eyewitness to the crime, and where suspicion is likely to fall upon a number
of persons

6. In direct assaults, when the person in authority or his agent who is attacked or seriously
intimidated is not in the actual performance of his official duty

7. If the evidence is merely circumstantial

2. Culpable felonies — where the wrongful acts result from imprudence, negligence, lack of
foresight or lack of skill. (Elements:freedom,negligence,intelligence)

STAGES OF EXECUTION (art. 6)

1. Consummated — when all the elements necessary for its execution and accomplishment are
present.

2. 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.

3. Attempted — when the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony by reason
of some cause or accident other than his own spontaneous desistance.

Malum in se vs. Malum prohibitum

-Conduct inherently wrong in nature -it is wring because the law said so

-Criminal intent is necessary -Criminal Intent is not necessary

-Violations in RPC -Generally SPLs

INCURRENCE OF CRIMINAL LIABILITY

Article 4. Criminal liability. - Criminal liability shall be incurred:

1. By anyperson 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 an
account of the employment of inadequate or ineffectual means.

There are three (3) scenarios under paragraph 1 of Article 4

(factors affect intent and consequently the criminal liability of the actor or offender):

Mistake of fact — That mistake which had the facts been true to the belief of the offender, can
justify his act. It is such mistake that will negative criminal liability (ignorantia facti excusat)
because of the absence of the element of intent. However, if the offender is negligent in
ascertaining the true state of facts, he may be free from dolo but not from culpa. there must be
no negligence on a part of accus

1. Error in personae (mistake in the identity of the victim) — the offender committed a mistake
in ascertaining the identity of the victim. 2 persons

2. Aberratio ictus (mistake in the blow) — the offender intends the injury on one person but the
harm fell on another. There are three persons present: the offender, the intended victim and the
actual victim. Consequently, the act may result in a complex crime (Article 48) or in two or more
separate felonies, but there is only one intent that characterized the crimes. Thus, aberratio ictus
may result to a greater penalty to the offender. 3 persons

3. Praeter intentionem (injurious result is greater than that intended) — the injury is on the
intended victim but the resulting consequence is so grave a wrong than what was intended.
There should be a great disparity between the intended felony and the actual felony committed.

Proximate cause (the cause of the cause is the cause of the evil caused) — is that cause which, in
its natural and continuous sequence, unbroken by an efficient intervening cause, produces the
injury, and without which the result would not have occurred.

Impossible crime — is one where the acts performed would have been a crime against persons
or property but which is not accomplished because of its inherent impossibility or because of the
employment of inadequate or ineffectual means. There is intent (subjective) to commit a crime
but actually no crime is committed (objective). (There must be evil intent)

The act performed by the offender cannot produce an offense against persons or property
because: (1) the commission of the offense is inherently impossible of accomplishment; or (2)
the means employed is either (a) inadequate or (b) ineffectual.

Ineffectual means — Giving a person a drink mixed with sugar which accused believed to be
poison.

Inadequate means — If it were really poison, the quantity is not sufficient to kill.

Inherent Impossibility:

Legal impossibility — (1) The motive, desire and expectation to perform an act in violation of the
law (2) There is intention to perform the physical act, (3) There is performance of the intended
physical act (4) The consequence resulting from the intended act does not amount to a crime

X stole the ring which Y inadvertently left on his desk. It turned out that the said ring was the
one X lost two (2) days ago.

Physical Impossibility — Occurs when extraneous circumstances unknown to the author, or

beyond his control, prevent the consummation of the intended crime

A, B, C, D & E, all armed, proceeded to the house of X whereupon A pointed to the room that X
used to occupy and all fired at the said room. Nobody was hit as no one was inside the room.
This is a case of Impossible Crime to Commit Murder.

Article 5. 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. 6. 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 by overt acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than his own
spontaneous desistance.

Formal crimes are always consummated because the offender cannot perform all the acts
necessary to execute the offense without consummating it.

STAGES OF EXECUTION (art. 6)

1. Consummated — when all the elements necessary for its execution and accomplishment are
present.

2. 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.

3. Attempted — when the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony by reason
of some cause or accident other than his own spontaneous desistance.

What crimes cannot be committed in the frustrated stage

Rape, since the gravamen of the offense is carnal knowledge, hence, no matter how slight is the
penetration, the felony is consummated. If the male organ failed to touch the pudenda, by some
causes or accident other than his own spontaneous desistance, the felony is merely attempted. If
he desisted spontaneously, he is not liable for attempted rape, following Article 6, but he is liable
for some other crime such as acts of lasciviousness

Corruption of public officers, when the offer is accepted, it is consummated; but when rejected,
the offense is attempted

Adultery, same principle in rape applies

Theft and robbery because apoderamiento is complete from the moment offender gains
possession of the thing.

Overt acts — are external acts which if continued will logically result in a felony

The overt act must be directly related to the offense committed.

Example: a person intending to rob a store made an opening on its wall but before he could
enter he was apprehended. He cannot be charged with attempted robbery even if that was his
intention because the overt act of making an opening is not directly linked with robbery.

Preparatory acts — Acts which still require another act so that a felony will result and are not as
a rule punishable unless they are in themselves punished as independent crimes

Proposal and conspiracy to commit a crime are preparatory acts; hence, they are not punishable
unless the proposal and conspiracy relate to, for instance, treason or rebellion, because such
"preparatory acts" are independently punished.

Example: buying poison, because that act cannot be related to any crime as it cannot be
determined whether the poison will be used against a person or against a pest.

Desistance — It is the act of discontinuing the execution of the felony which will negative
criminal liability of the offender when done during the attempted stage.

Desistance has legal effect only in the attempted stage. The attempted stage exists up to that
time when the offender still has control of his acts. The moment he has lost control of the
outcome of his acts the subjective phase is passed; the stage is now either frustrated or
consummated (objective phase). At this stage, desistance is only factual but has no legal effect
because the law recognizes desistance only in the attempted stage. Note that in Article 6, there
is no desistance in either the frustrated or the consummated stage.
Art. 7. When light felonies are punishable. — Light felonies are punishable only
when they have been consummated, with the exception of those committed
against persons or property.

Light felonies

- punish only when consummated XPN: crime against PorP

The light felonies punished by the Revised Penal Code:

1. Slight physical injuries. (Art. 266)

2. Theft. (Art. 309, pars. 7 and 8)

3. Alteration of boundary marks. (Art. 313)

4. Malicious mischief. (Art. 328, par. 3; Art. 329, par. 3)

5. Intriguing against honor. (Art. 364)

- only principals and accomplices are liable (Accessories: 2 dgrees lower-De minimis non curat
lex. (The law does not deal with trifles.)

Art. 8. 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.

Conspiracy may be deduced from the mode and manner in which the offense was
perpetrated or inferred from the acts of the accused when such point to a joint
purpose and design, concerted action and community of interest.

What quantum of proof is required for conspiracy?

The same degree of proof required for establishing the crime is required to support a finding of
conspiracy.

Can conspiracy co-exist with culpa?

No, for conspiracy presupposes the existence of malice since it involves a meeting of the minds
of the co-conspirators on the manner and mode of committing a crime.

What are the two concepts of conspiracy?

They are (1) conspiracy as a crime by itself; and (2) conspiracy as a means of committing a crime.
As a means of committing a crime, it is either (a) by pre-agreement or planning; or (b) implied
from the concerted acts of the offenders or implied conspiracy.
Art. 9. 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 Article 25 of this Code.

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.

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.

To determine:

a. Whether a complex crime was committed (Article 48 which requires grave or less grave
felonies);

b. The duration of the subsidiary penalty to be imposed (Article 39, No. 2) where the subsidiary
penalty is based on the severity of the penalty;

c. The duration of the detention in case of failure to post the bond to keep the peace (Article 35);

d. Whether the crime has prescribed (Article 90);

e. Whether or not there is delay in the delivery of detained persons to the judicial authority
(Article 125 where the basis of the 12-18-36 hours is the severity of the offense alleged); and

f. The proper penalty for quasi-offenses. (Article 365)

Art. 10. 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.

The main idea and purpose of the article is embodied in the provision that the "code shall be
supplementary" to special laws, unless the latter should specifically provide the contrary.
(Ladonga v. People)

Special laws — are laws that define and penalize crimes not included in the RPC; they are of a
nature different from those defined and punished in the Code.

Dolo is not required in crimes punished by a special statute because it is the act alone,
irrespective of the motives which constitute the offense.