INTRODUCTION CRIMINAL LAW

TO LAW
 Criminal Law

❖ A system of laws concerned with punishment of

individuals who commit crimes.
❖ A branch of municipal law which defines crimes, treats
of their nature and provides for their punishment.
 Sources of Criminal Law

❖ The Revised Penal Code (RA 3815) and its amendments

❖ Special Penal Laws
 Mala in Se
❖ A term that signifies crime that is considered wrong in and
of itself.
❖ These are crimes that directly and visibly harm other
people and their property, since it's traditionally these
kinds of crimes that inspire the most fervent moral outrage.
❖ The distinguishing characteristic of crimes mala in se is not
their severity, but that the citizenry feels they are morally
wrong in and of themselves, and require no outside
reasons to prove or justify their wrongness.
 Mala Prohibita

❖ A term applied to any action is criminalized strictly by

statue and statutory law.
❖ Translated as “wrong because it is prohibited”
 English Rule

❖ Such crimes are triable in that country, unless they

merely affect things within the vessel or they refer to the
internal management thereof.
 French Rule

❖ Such crimes are not triable in the courts of that country,

unless their commission affects the peace and security
of the territory or the safety of the state is endangered.
“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 of the Revised Penal Code

“Definitions. — Acts and omissions punishable by 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.”

-Art. 3 of the Revised Penal Code

 Felony

❖ Any public offense or conviction of which the offender

is liable to be sentenced to death or to imprisonment in
a penitentiary or state prison.
 Dolo

❖ If a felony is committed by means of deceit it is dolo or

otherwise known as intentional felonies.
❖ There is dolo if there exist malice or deliberate intent.
❖ In intentional felonies, there is criminal intent in the
mind of the offender.
 Requisites of Dolo
❖ There is deliberate intent in the commission of a felony if the offender, in doing the
act or in omitting to do an act, has done so with FREEDOM, INTELLIGENCE, and
INTENT.
❖ 1. Freedom – When a person acts without freedom the law looks at him as a mere
tool. And as such, his liability is likened to “the knife that wounds, or of the torch
that sets fire, or of the key that opens a door, or of the ladder that is placed against
the wall of a house in committing robbery.”
❖ 2. Intelligence – If a person acted without intelligence in committing a felony, then no
crime exists. This requisite is necessary to determine the morality of human acts.
Hence, the law exempts certain classes of persons from criminal liability such as
minors (15 below) and insane persons.
❖ 3. Intent – “Intent to commit the act with malice, being purely a mental process, is
presumed and the presumption arises from the proof of the commission of an unlawful act.”
 Culpa
❖ If it is committed by means of fault, then it is culpa or
otherwise known as culpable felonies such as reckless
imprudence resulting in damage to properties.
❖ There is culpa when the felony results from negligence,
imprudence, lack of foresight or lack of skill.
❖ In culpable felonies, there is no criminal intent in the
mind of the offender but his acts or omissions are still
punished by law because of the damages or injury
caused to others.
 Requisites of Culpa
❖ There is culpable felony if the offender, in doing the act or in
omitting to do an act, has done so with FREEDOM,
INTELLIGENCE, and IMPRUDENCE, NEGLIGENCE, LACK
OF FORESIGHT or LACK OF SKILL.
❖ 1. Imprudence – It usually involves lack of skill. A deficiency of
action or failure to take necessary precaution to avoid injury or
damage.
❖ 2. Negligence – It usually involves lack of foresight. A
deficiency of perception or failure to pay proper attention and
to use diligence to a void a foreseeable damage or injury.
“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 an account of the employment of inadequate or
ineffectual means.”

-Art. 4 of the Revised Penal Code

Purpose of the 1st Paragraph of Art. 4

❖ Article 4, paragraph 1 presupposes that the act done is

the proximate cause of the resulting felony. It must be
the direct, natural, and logical consequence of the
felonious act.
 Praeter Intentionem

❖ Injurious result is greater than that intended

❖ It is the lack of intention to commit so grave a wrong as
that committed.
 Impossible Crime

❖ One where the acts performed would have been a crime

against person or property but which is not
accomplished because of its inherent impossibility or
because of the employment of inadequate or ineffectual
means.
 Requisites of an Impossible Crime

❖ Act would have been an offense against persons or

property
❖ Act is not an actual violation of another provision of the
Code or of a special penal law
❖ There was criminal intent
❖ Accomplishment was inherently impossible; or
inadequate or ineffectual means were employed.
Reason for Punishing an Impossible Crime

❖ The purpose of punishing impossible crime is to

suppress criminal propensity or criminal tendencies.
Objectively, the offender has not committed a felony, but
subjectively, he is a criminal.
“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 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 of the Revised Penal Code

 Elements of an Attempted Felony

❖ 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.
 Overt Act

❖ An action which might be innocent itself, but if part of

the preparation and active furtherance of a crime, can be
introduced as evidence of a defendant's participation in
a crime.
 Elements of a Frustrated Felony

❖ When the accused has performed all the acts of

execution necessary to produce the felony but the crime
is not produced by reason of causes independent of the
will of the accused.

Elements of a Consummated Felony

❖ When all the elements necessary for its execution and

accomplishment are present.
 Manner in Committing a Crime

❖ A conspiracy exists when two or more persons come to

an agreement concerning the commission of a felony
and decide to commit it.
 Proposal to Commit Conspiracy
❖ There is proposal when the person who has decided to commit
a felony proposes its execution to some other person/s.
❖ Conspiracy to commit a crime is not to be confused with
conspiracy as a means of committing a crime. In both cases
there is an agreement but mere conspiracy to commit a crime
is not punished EXCEPT in treason, rebellion, or sedition.
Even then, if the treason is actually committed, the conspiracy
will be considered as a means of committing it and the accused
will all be charged for treason and not for conspiracy to
commit treason.
Grave Felony, Less Grave Felony & Light Felony

❖ Those to which the law attaches the capital punishment

or penalties which in any of their are afflictive.
❖ Those which the law punishes with penalties which in
their maximum period are correctional.
❖ Those infractions of law for the commission of which
the penalty of arresto mayor or a fine not exceeding 200
pesos, or both is provided.
Reason for Penalizing the Commission of Light Felony

❖ In commission of crimes against properties and persons,

every stage of execution is punishable but only the
principals and accomplices are liable for light felonies,
accessories are not.
“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.”

-Art. 10 of the Revised Penal Code

 Principal Penalties (Art. 25)
❖ Capital Punishment:
❖ Death
❖ Afflictive Penalties:
❖ Reclusion Perpetua — 20 years and 1 day to 40 years
❖ Reclusion Temporal — min: 12 years & 1 day to 14 years & 8 months,
med: 14 years, 8 months & 1 day to 17 years & 4 months, max: 17 years,
4 months & 1 day to 20 years
❖ Perpetual or Temporary Absolute Disqualification
❖ Perpetual or Temporary Special Disqualification
❖ Prision Mayor — min: 6 years & 1 day to 8 years, med: 8 years & 1 day
to 10 years, max: 10 years & 1 day to 12 years
❖ Correctional Penalties:
❖ Prision Correccional — min: 6 months, & 1 day to 2 years & 4 months,
med: 2 years, 4 months & 1 day to 4 years & 2 months, max: 4 years, 2
months & 1 day to 6 years
❖ Arresto Mayor — min: 1 month & 1 day to 2 months, med: 2 months & 1
day to 4 months, max: 4 months & 1 day to 6 months
❖ Suspension
❖ Destierro — min: 6 months, & 1 day to 2 years & 4 months, med: 2 years, 4
months & 1 day to 4 years & 2 months, max: 4 years, 2 months & 1 day to 6
years
❖ Light Penalties:
❖ Arresto Menor — min: 1 to 10 days, med: 11 to 20 days, max: 21 to 30 days.
❖ Public Censure
❖ Penalties common to the three preceding classes:
❖ Fine — if   it exceeds P 6,000; a correctional
penalty, if it does not  exceed P 6,000 but it is not
less than P 200; and a light penalty,  if it be less
than P 200.
❖ Bond to keep the peace