THE 1.

Classical or Juristic Theory – the basis of criminal liability is

human free will and the purpose of the penalty is
REVISED PENAL CODE OF THE retribution. Man is essentially a moral creature with an
absolutely free will to choose between good and evil
PHILIPPINES thereby placing more stress upon the effect or result of the
Act No. 3815, as amended felonious act than upon the man, the criminal itself.
2. Positivist or Realistic Theory – man is subdued occasionally
by a strange and morbid phenomenon which constrains
BOOK 1 him to do wrong, in spite of or contrary to his volition. The
crime is essentially a social and natural phenomenon and
as such it cannot be treated and checked by applying the
law and jurisprudence not by imposition of a punishment,
CRIMINAL LAW fixed and determined a priori. The purpose is reformation.
It is that branch of law which defines crimes, treats of their 3. Eclective or Mixed Theory – a combination of both. Our Code
nature and provides for their punishment (REYES, 1). is considered eclectic i.e., the age of the offender is taken
into consideration and intoxication of the offender is
considered a mitigating circumstance unless it is habitual
CRIMINAL LAW CRIMINAL PROCEDURE
As to nature or intentional. Classical for heinous crimes and positivist
Substantive Remedial for economic and social crimes.
4. Utilitarian Theory – man is punished if he is proven to be an
Defines crimes, treats of their Regulates the steps in the actual or potential danger to the society. The primary
nature and provides for their apprehension, prosecution and purpose is protection of society.
punishment; conviction of accused if found
guilty;
CHARACTERISTICS OF CRIMINAL LAW
As to application
1. General
Prospective, unless favorable to Retroactive
the accused provided that the 2. Territorial
accused is not a habitual 3. Prospective
delinquent;
As to the authority who may promulgate GENERAL
Congress. Judiciary. Penal laws and those of public security and safety shall be
obligatory upon all who live and sojourn in the Philippine territory,
CRIME subject to the principles of public international law and to treaty
A generic term that embraces any violation of the RPC, special stipulations (Art. 14, CC).
penal laws, and municipal of city ordinance (AMURAO, 47).
EXCEPTIONS
FELONY 1. Treaties and Treaty Stipulations
An act or omission violative of the RPC committed either Visiting Forces Agreement of 1998 (VFA) between the US
intentionally or negligently (Art. 3, RPC). and the Philippines.

OFFENSE Rules on Jurisdiction (Art. V)

An act or omission violative of a special law, i.e., any law other Jurisdiction
than the RPC. i. Philippines over US personnel: offenses committed within
the Philippines and punishable under Philippine laws;
MISDEMEANOR ii. US over US personnel: all criminal and disciplinary
A minor infraction of the law. jurisdiction conferred by the US military law.
Exclusive Jurisdiction
SOURCES OF CRIMINAL LAW i. Philippines over US personnel: offenses with respect to
1. The Revised Penal Code (Act No. 3815) and its national security of the Philippines or violation of any
amendments; law relating to national defense, punishable under
2. Special Penal Laws; Philippine laws but not under US laws;
3. Penal Presidential Decrees issued during Martial Law. ii. US over US personnel: offenses with respect to national
security of US or violation of any law relating to US
MALA IN SE national defense, punishable under the US laws but not
Evil in itself. A crime or an act that is inherently immoral such under Philippines laws.
as murder, arson, or rape. Crime committed without criminal intent Primary Jurisdiction
for it is the act alone which constitutes the offense. US military authorities over US personnel:
i. Against property or security of US;
MALA PROHIBITA ii. Against property or person of US personnel;
An act that is a crime merely because it is prohibited by statute iii. Act or omission done in performance of official duty.
although the act itself is not necessarily immoral.
In case of concurrent jurisdiction
NOTE: The State has the authority, under its police power, to  Philippines shall have the primary right to exercise jurisdiction
define and punish and to law down the rules of criminal procedure. over all offenses committed by US personnel over all
offenses committed by US personnel, except in cases
THEORIES IN CRIMINAL LAW provided for in par I (b), 2 (b) and 3 (b) of Art. V of the
VFA.
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  US shall have the primary right to exercise jurisdiction over territorial sea, the seabed, the subsoil, the insular shelves, and other
US personnel subject to the military law of the US in submarine areas. The waters around, between and connecting the
relation to offenses islands of the archipelago, regardless of their breadth and
o Against property or security of US or property or dimensions, form part of the internal waters of the Philippines (Art.
person of US personnel; 1, Consti).
o Arising out of any act or omission done in
performance of duty. EXTRATERRITORIALITY
 Either government may request the authorities of the other The application of the RPC outside the Philippine territory (Art.
government to waive their primary right to exercise 2, RPC). (This pertains to the exceptions below.)
jurisdiction in a particular case.
EXCEPTIONS: [SCIPN]
2. Law of Preferential Application 1. RPC shall not be enforced without or outside the Philippine
RA 75 penalizes acts which would impair the proper territories if so provided under:
observance by the Philippines and its inhabitants of the a. Treaties;
immunities, rights and privileges of duly accredited foreign b. Laws of preferential application (Art. 2, RPC and
diplomatic representatives in the Philippines. Art. 14, CC).
2. Should commit an offense while on a Philippine ship or
Secs. 4 and 5 of RA 75 prohibits issuance of any writ or airship;
process or prosecution of any 3. Should forge or counterfeit any coin or currency note of the
 Ambassador (received as such by President); Philippines or obligations or securities issued by the
 Public minister (received as such by President); Philippine Gov;
 Domestics (registered in the DFA); 4. Should be liable for acts connected with introduction of #3
exception;
 Domestic servants (registered in the DFA).
5. While being public officers or employees, should commit
an offense in the exercise of their functions;
EXCEPTION
6. Should commit any of the crimes against national security
When the domestic is a citizen of the Philippines and the
and the law of nations, defined in Title One of Book Two of
process is founded upon a debt contracted before he
the RPC.
entered upon such service.
Includes: treason, sabotage, espionage, inciting to war and giving
motives for reprisal, violation of neutrality, correspondence with
NOTE: Under Sec. 5, domestics and domestic servants must
hostile country, flight to enemy’s country, piracy and mutiny.
be registered in the DFA, and transmitted by the Secretary
of Foreign Affairs to the Chief of Police of the City of
NOTE: A Philippine vessel or aircraft must be understood as that
Manila, otherwise, processes and writs may be issued
which is registered in the Maritime Industry Authority (MARINA)
against said person.
for ship and Civil Aeronautics Board (CAB) for airship.

3. Principles of Public International Law PROSPECTIVITY

The following persons are not subject to the operation the General Rule: Criminal law cannot penalize an act that was not
Philippine criminal laws [SCAM2]: punishable at the time of its commission (AMURAO, 29). As
1.) Sovereigns and other heads of state; provided in Art. 366, crimes are punished under the laws in force at
2.) Charges d’affaires; the time of their commission (REYES, 14).
3.) Ambassadors;
4.) Ministers plenipotentiary; Exception: Whenever a new penal law establishes conditions
5.) Ministers resident favorable to the accused, it can be given retroactive effect.

NOTE: The main yardstick in ascertaining whether a Exceptions to the Exception:

person is a diplomatic entitled to immunity is the 1. Where the new law is expressly made inapplicable to
determination of whether or not he performs duties of pending actions or existing causes of actions (Tavera v
diplomatic nature (Municher v CA, GR No. 142396 [2003]). Valdez, GR No. 922 [1902]).
2. Where the offender is habitual criminal as defined in Art.
EXCEPTION: The doctrine of immunity from suit will not 62, par. 5.
apply where the public official is being sued in his private
and personal capacity as an ordinary citizen. The cload of HABITUAL DELINQUENT
protection afforded the officers and agents of the Within a period of 10 years from the date of his release or last
government are removed the moment they are sued in conviction of serious or less physical injuries, robo, hurto, estafa or
their individual capacity (Shauf v CA, GR No. 90314 [1990]). falsification, he is found guilty the 3rd time or oftener (Art. 62, rule 5).

TERRITORIALITY
Criminal laws undertake to punish crimes committed within the
Philippine territory (REYES, 13). EFFECTS OF REPEAL ON PENAL LAW
1. Makes the penalty lighter = the new law shall be applied
NATIONAL TERRITORY (except when otherwise provided or offender is habitual
The national territory comprises the Philippine archipelago, delinquent);
with all the islands and waters embraced therein, and all other 2. Makes the penalty heavier = the old law shall be applied;
territories over which the Philippines has sovereignty or jurisdiction, 3. Totally repeals the old law = crime is obliterated.
consisting of its terrestrial, fluvial and aerial domains, including its

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NOTE: When the new law and the old law penalize the same 3. No cruel and unusual punishment not excessive fines (Art.
offense, the offender can be tried under the old law. III, Sec. 19, par. 1);

NOTE: When the repealing law fails to penalize the offense under RA 9346 prohibits the imposition of death penalty but
the old law, the accused cannot be convicted under the new law. instead reclusion perpetua or cadena perpetua (life
imprisonment).
NOTE: A person erroneously accused and convicted under a
repealed statute may be punished under the repealing statute. 4. Must be general in application and must clearly define the
acts and omissions punished as crimes.
CONSTRUCTION OF PENAL LAWS
Where the law is clear and unambiguous, there is no room for NOTE: Book One of the Revised Penal Code consists:
the application of the rule. 1. Basic principles affecting criminal liability (Art. 1-20);
Penal laws are strictly construed against the Gov. and liberally 2. Provisions on penalties including criminal and civil
in favor of the accused. liabilities (Art. 21-113).

PRO REO DOCTRINE

In dubio, pro reo. Whenever a penal law is to be construed or ART. 1
applied and the law admits of two interpretations – one lenient and This Code shall take effect on the first day of 1 January 1932.
one strict – that interpretation which is favorable to the offender will
be adopted.
NOTE: The RPC was approved on 8 Dec. 1930 and took effect on 1
Jan. 1932.
Basis: In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved (Art. III, Sec. 14, par. 2).

NOTE: In the construction or interpretation of the provisions of the ART. 2

RPC, the Spanish text is controlling because it was approved in its Except as provided in the treaties and laws of preferential
Spanish text (People v Manaba, 58 Phil. 665, 668). application, the provisions of this Code shall be enforced not only
within the Philippine Archipelago, including its atmosphere, its
LATIN MAXIMS interior waters and maritime zone, but also outside of its
1. Nullum crimen, nulla poena sine lege – There is no crime jurisdiction, against those who:
when there is no law that punishes it 1. Should commit an offense while on a Philippine ship or
2. Actus non facit reum, nisi mens sit rea – The act cannot be airship;
criminal unless the mind is criminal. 2. Should forge or counterfeit any coin or currency note of
3. Actus me invite factus non est meus actus – An act done by me the Philippine Islands or obligations note and securities
against my will is not my act. issued by the Government of the Philippine Islands;
4. El que es causa de la causa es causa del mal causado – He who is 3. Should be liable for acts connected with the introduction
the cause of the cause is the cause of the evil caused. into these Islands of the obligations and securities
5. In duvio, pro reo – When in doubt, for the accused. mentioned in the preceding number;
4. While being public officers or employees, should commit
LIMITATIONS TO ENACT PENAL LAWS an offense in the exercise of their functions;
1. Ex post facto law (Art. III, Sec. 2); [MACAID] 5. Should commit any of the crimes against nations security
a. Makes criminal act done before the passage of and the law of nations, defined in Title One of Book Two
the law; of this Code.
b. Aggravates a crime;
c. Changes the punishment and inflicts a greater NOTE: Art. 2 sets forth the instances where the provisions of the
punishment; Revised Penal Code are applicable although the felony is committed
d. Alters the rules of evidence and authorizes outside the Philippine Territory.
conviction upon less or different testimony than
the law required at the time of the commission of 1. Extraterritoriality – RPC is applicable even though outside
an offense; the Philippine territory (see discussion under Territorial as a
e. Imposes penalty or deprivation of right for characteristic of criminal law);
something which when done was lawful; 2. Exterritoriality – A term of international law which
f. Deprives a person accused of a crime some signifies the immunity of certain persons who, although in
lawful protection to which he has become the state, are not amenable to its laws (e.g., ambassadors,
entitled. ministers plenipotentiary, etc.);
3. Intraterritoriality – RPC is made applicable within the Phil
territory.
Bill of Attainder
A legislative act that inflicts punishment without SHOULD COMMIT AN OFFENSE WHILE ON PHILIPPINE SHIP
trial, its essence being the substitution of legislative OR AIRSHIP;
fiat for a judicial determination.
REQUISITES:
2. No person shall be held to answer for a criminal offense 1. Must e committed on board a private or merchant ship;
without due process of law (Art. III, Sec. 13, par. 1); 2. The ship or airship must be registered in the Philippines;
3. The crime must be committed while the registered
Philippine ship is on international waters.

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 Rationale: The introduction of forged or counterfeited obligations
NOTE: The ship or airship must be registered with the Maritime and securities into the Philippines is as dangerous as the forging or
Aeronautics Board (MARINA) or with the Civil Aeronautics Board counterfeiting of the same, to the economic interest of the country.
(CAB) in accordance with Philippine laws.
NOTE: Still liable even though they were not the ones who
NOTE: The RPC applies when such Philippine vessel is found counterfeited the same.
within the Philippine waters or in the high seas.
WHILE BEING PUBLIC OFFICERS OR EMPLOYEES, SHOULD
FOREIGN MERCHANT VESSELS COMMIT AN OFFENSE IN THE EXERCISE OF THEIR
FUNCTIONS [B3A2F3T MIC]
FRENCH RULE ENGLISH RULE 1. Direct bribery (Art. 210);
(Flag or Nationality) (Territoriality or Situs of the 2. Indirect bribery (Art. 211);
Crime) 3. Qualified bribery (Art. 211-A);
General Rule 4. Failure to render accounts (Art. 218);
Crimes committed aboard a Crimes committed aboard a
5. Failure to render account before leaving the country (Art.
vessel with the territorial waters vessel within the territorial
219);
of another country are not triable waters of another country are
in the courts of that country; triable in that country; 6. Illegal use of public funds or property (Art. 220);
Exception 7. Failure to make delivery of public funds or property (Art.
When their commission affects When the crimes merely affect 221);
the peace and security of the things within the vessel or when 8. Falsification (Art. 171);
territory or when the safety of they only refer to the internal 9. Fraud against public treasury and similar offenses (Art.
the state is endangered. management thereof. 213);
10. Malversation of public funds or property (Art. 217);
SHIP SITUS OF CRIME JURISDICTION 11. Possession of prohibited interest (Art. 216);
Philippine merchant Philippine territory; Philippines;
12. Corruption (Art. 212);
ship;
Philippine merchant High seas where no Philippines;
ship; country has SHOULD COMMIT ANY OF THE CRIMES AGAINST
jurisdiction; NATIONAL SECURITY AND THE LAW OF NATIONS DEFINED
Philippine merchant Foreign territory; Foreign country; IN TITLE ONE OF BOOK TWO (Arts. 114-122)
ship;
Foreign merchant Philippine territory. Philippines. Examples of crimes against national security:
ship. 1. Treason (Art. 114);
2. Conspiracy and proposal to commit treason (Art. 115);
NOTE: If the country will not take cognizance, pursuant to Art. 2
3. Espionage (Art. 117);
of the RPC, the Philippines can assume jurisdiction (BOADO, 32).
4. Inciting to war and giving motives for reprisals (Art.118);
5. Violation of neutrality (Art. 119);
SITUS ACT/OMISSION 6. Correspondence to a hostile country (Art. 120);
In transit; Possession of Not punishable;
7. Flight to enemy’s country (Art. 121);
dangerous drugs;
8. Piracy and mutiny on the high seas (Arts. 122-123).
Use of dangerous Punishable;
drugs; NOTE: Terrorism as defined by RA 9372 (Human Security Act of
Not in transit. Mere possession is 2007), is not a crime against national security and the law of nations.
punishable law.

WARSHIP
Warships are always reputed to be the territory of the country to
which they belong and cannot be subjected to the laws of another
state. Thus, their respective national laws shall apply to such vessels
wherever they may be found (REYES, 31).

SHOULD FORGE OR COUNTERFEIT ANY COIN OR

CURRENCY NOTES OF THE PHILIPPINES OR OBLIGATIONS
AND SECURITIES ISSUED BY THE GOVERNMENT.
Forgery is committed by giving to a treasury or bank note or any
instrument payable to bearer or to order the appearance of a true
genuine document or by erasing, substituting, counterfeiting or
altering, by any means, the figures, letters, words or signs contained
therein (Art. 169).

NOTE: If forgery was perpetrated abroad, the object of the crime

must be a coin, currency note or obligations and securities issued by
the Government (ESTRADA, 15).

SHOULD INTRODUCE INTO THE COUNTRY THE ABOVE-

MENTIONED OBLIGATIONS AND SECURITIES

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 Title One penalties which in their maximum period is correctional;
3. Light Felonies – those infractions of law for the commission
FELONIES AND CIRCUMSTANCES of which the penalty of arresto menor, or a fine not
exceeding P40,000, or both.
WHICH AFFECT CRIMINAL LIABILITY As to count of plurality
1. Compound
2. Complex
Chapter One 3. Composite
FELONIES
INTENTIONAL FELONIES
The act is performed or the omission is incurred with deliberate
ART. 3
intent or malice to do an injury (REYES, 36).
Acts and omissions punished by law are felonies (delitos).
Felonies are committed not only by means of deceit (dolo) but
REQUISITES [FIN]
also by means of fault (culpa).
1. Freedom;
There is deceit when the act is performed with deliberate
2. Intelligence;
intent; and there is fault when the wrongful act results from
3. Intent.
imprudence, negligence, lack of foresight, or law of skill.
FREEDOM
FELONIES Voluntariness on the part of the person to commit the act or
Acts and omissions punishable by the RPC. omission. When a person acts without freedom, he is no longer a
human being but a tool.
ELEMENTS OF FELONIES When there is lack of freedom, the offender is exempt from
1. There must be an act or omission, i.e., there must be an liability.
external acts;
INTELLIGENCE
Act – Any bodily movement tending to produce some It is the capacity to know and understand the consequences of
effect in the external world. It must be external as internal one’s act. Without this power necessary to determine the morality of
acts are beyond the sphere of penal law (People v Gonzales, human acts, no crime can exist (see Arts. 12, pars. 5-6).
GR No. 80752 [1990]). When there is lack of intelligence, the offender is exempt from
liability (see Art. 12, pars. 1-3).
Omission – There is a law requiring a certain act to be
performed and the person required to do the act fails to INTENT
perform (REYES, 34). The purpose to use a particular means to effect such result
Example: Intent to commit an act with malice, being purely a mental
Failure to render assistance to any person in an process, is presumed which arises from the proof of commission of an
uninhabited place wounded or in danger of dying is liable for unlawful act.
abandonment of persons in danger (Art. 275 par. 1). Intent is a mental state, hence, its existence is shown by overt
Failing to disclose and make known, to the proper acts.
authority, any conspiracy against the Gov. is liable for
misprision of treason (Art. 116). LAWFUL ACT UNLAWFUL ACT
No presumption of criminal Criminal intent is presumed and
2. The act or omission must be punishable by the RPC; intent. it is for the accused to rebut said
3. The act is performed or the omission incurred by means of presumption.
dolo (malice) or culpa (fault).
NOTE: When there is lack of intent, the act is justified. Offender
CLASSIFICATION OF FELONIES incurs no criminal liability
As to the manner of commission
1. Intentional Felonies CRIMINAL INTENT IS NECESSARY BECAUSE
a. By commission 1. Actus non facit reum, nisi mens sit rea – An act does not make
b. By omission a man guilty unless his intentions were so.
2. Culpable felonies 2. Actus me invite factus non est meus actus – An act done by me
As to nature against my will is not my act.
1. Mala in se
2. Mala prohibita
As to stage of execution GENERAL CRIMINAL SPECIFIC CRIMINAL INTENT
INTENT
1. Formal Crimes – those which are consummated in one
instance (e.g., illegal exaction under Art. 213); An intention to do a wrong; An intention to commit a definite
2. Material Felonies – crimes which have various stages of act;
execution Presumed to exist from the mere Existence of the intent is not
a. Attempted doing of a wrongful act; presumed because it is an
b. Frustrated ingredient or element of a crime;
c. Consummated The burden of proving the The burden of proving the
d. absence of intent is upon the existence of the intent is upon
As to gravity accused. the prosecution, as such, intent is
1. Grave Felonies – those to which the law attaches the capital an element of the crime.
punishment or penalties which in any of their periods are
afflictive; CULPABLE FELONIES
2. Less Grave Felonies – those to which the law punishes with

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 The act or omission is not malicious. The injury cause by the NOTE: Because of having no time or opportunity to make any
offender to another person is unintentional, it being simply the further inquiry, and being pressed by circumstances to act
incident of another act performed without malice (REYES, 36). immediately, the accused had no alternative but to take the facts as
they appeared to him, and such facts justified his act of killing his
REQUISITES OF CULPA [FIN] roommate (US v Ah Chong, GR No. 5272 [1910]).
1. Freedom;
2. Intelligence; WHEN DEFENSE OF MISTAKE OF FACT NOT APPLICABLE
3. Negligence, imprudence, lack of foresight, or light of skill. 1. Error in personae;
2. When there is negligence on the part of the accused;
NEGLIGENCE 3. When the accused committed culpable felony.
Indicates a deficiency of perception; failure to pay proper
attention and to use diligence in foreseeing the injury or damage NOTE: In mistake of fact, what is involved is lack of intent on the
impending to be caused; usually involves lack of foresight. part of the accused. In culpable felonies, there is no intent to
consider, as it is replaced by imprudence, negligence, lack of foresight
IMPRUDENCE or lack of skill (REYES, 48-49).
Indicates a deficiency of action; failure to take the necessary
precaution to avoid injury to person or damage to property; usually NOTE: In mistake of fact, the act done by the accused would have
involves lack of skill. constituted
1. Justifying circumstance under Art. 11;
RATIONALE IN PUNISHING NEGLIGENCE 2. Absolutory cause under Art. 247, par. 2;
A man must use his common sense, and exercise due reflection 3. Involuntary act.
in all his acts; it is his duty to be cautious, careful, and prudent, if not
from instinct, then thru fear of incurring punishment (US v Maleza, NOTE: When such an unlawful act is willfully done, a mistake in
GR No. L-5036 [1909]). the identity of the intended victim cannot be considered as reckless
imprudence (REYES, 51).
NOTE: Acts executed negligently are voluntary.
NOTE: A person causing damage or injury to another, without
NOTE: In Art. 3, culpa is a mode of committing a crime; hence, malice or fault, is not criminally liable under the RPC (US v Catangay,
killing is denominated “homicide through reckless imprudence.” In 28 Phil. 490). For this, the act must be lawful.
Art. 365, culpa itself is the crime punished; hence, the crime is
denominated “reckless imprudence resulting in homicide” (BOADO, MALA IN SE
45). Those crimes which are so serious in their effects on society as to
call for almost unanimous condemnation of its members itself
Illustration: (REYES, 56).
A person committing suicide jumped off the seventh floor of a building
but feel on a pedestrian innocently walking along the sidewalk below and MALA PROHIBITA
died, the survivor is liable because of criminal negligence arising from his Those punished by special penal laws whereby criminal intent is
failure to observe the standard of care required by the circumstance of place, not necessary, as a rule, it being sufficient that the offender has the
time and person (AMURAO, 85). intent to perpetrate the act prohibited by the special law. It is
punishable because the prohibited act is so injurious to the public
INTENTIONAL FELONIES CULPABLE FELONIES welfare that it is the crime itself (REYES, 56).
Malicious; Not malicious;
These are acts made evil because there is a law punishing it the
With deliberate intent; Injury caused by unintentional
basis of criminal liability is the offender’s voluntariness; hence, goof
being incident of another act
performed without malice; faith or lack of criminal intent is not accepted as a defense, unless this
There is an intention to cause an Wrongful act results from is an element of a crime. the act prohibited is not inherently evil but
injury; imprudence, negligence, lack of made evil only by the prohibition of the statute (BOADO, 16).
foresight, or lack of skill. Mere commission of the crimes classified as mala prohibita, even
without criminal intent, is punishable.
MISTAKE OF FACT
It is a misapprehension of fact on the part of the person causing NOTE: A common misconception is that all mala in se crimes are
injury to another. Such person is not criminally liable as he acted found in the RPC, which all mala prohibita crimes are provided by
without criminal intent. Ignorantia facti excusat (REYES, 44). special penal law. In reality, however, there may be mala in se crimes
An honest mistake of fact destroys the presumption of criminal under the special laws, such as plunder under RA 7080. Similarly,
intent which arises upon the commission of a felonious act (People v there may be mala prohibita crimes defined in the RPC, such as
Oanis, GR No. L-47722 [1943]). technical malversation.

NOTE: Honest mistake of fact is not applicable to culpable felonies. NOTE: The better approach to distinguish between mala in se and
mala prohibita crimes is the determination of the inherent immorality
REQUISITES or vileness of the penalized act. If the punishable act or omission is
1. That the act done would be lawful had the facts been as the immoral in itself, then it is a mala in se crime. On the contrary, if it is
accused believed them to be; not immoral in itself, but there is a stature prohibiting its commission
2. The intention in performing the act should be lawful; by reasons of public policy, whether or not a crime involves a moral
3. That the mistake must be without fault or carelessness on turpitude is ultimately a question of fact and frequently depends on
the part of the accused. all the circumstances surrounding the violation of the state (People v
Dungo, GR 209464 [2015]).

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 1. If the evidence is merely circumstantial;
MALA IN SE MALA PROHIBITA 2. Where the identification of the accused proceeds from an
As to nature unreliable source and the testimony is inconclusive and not
Wrong from its very nature; Wrong because it is prohibited free form doubt;
by law; 3. In ascertaining the truth between two antagonistic theories
Use of good faith as a defense or versions of the crime;
Valid, unless the crime is the Not valid;
4. Where there are no eyewitnesses to the crime, and where
result of culpa;
suspicion is likely to fail upon a number of persons;
Intent as an element
Intent is an element; Criminal intent is immaterial; 5. When there is doubt as to the identity of the assailant;
Degree of accomplishment of the crime 6. When the act is alleged to be committed in defense of a
The degree of accomplishment is The act gives rise to a crime only stranger but it must not be induced by revenge, resentment
taken into account in punishing when it is consummated; or other evil motive.
the offender;
As to mitigating and aggravating circumstances HOW MOTIVE IS PROVED
Rules on mitigating and Rules do not apply, unless Generally, the motive is established by the testimony of
aggravating circumstances provided for by the special law
witnesses on the acts or statements of the accused before or
apply; itself;
immediately after the commission of the offense. Such deeds or
Degree of participation
When there is more than one Degree of participation is words may indicate the motive (Barrioquinto v Fernandez, 82 Phil. 642,
offender, the degree of generally not taken into account. 649).
participation of each in the All who participated in the act
commission of the crime is taken are punished to the same extent; NOTE: The existence of a motive, though perhaps an important
into account; consideration, is not sufficient proof of guilt. Mere proof of motive,
As to penalty no matter how strong, is not sufficient to support a conviction if there
Penalty is computed on the basis The penalty imposed on the is no reliable evidence from which it may be reasonably deduced that
of whether the offender is a offenders are the same whether
the accused was the malefactor (REYES, 60).
principal, accomplice or they are merely accomplices or
accessory; accessories;
Laws violated INTENT MOTIVE
Violation of the RPC (general Violation of special law (general The purpose to use a particular The reason or moving power
rule) rule) means to effect such result; which impels one to commit an
As stages in execution act for a definite result;
There are three stages: No such stages of execution; An element of the crime, except Not an element of the crime;
attempted, frustrated, in unintentional felonies;
consummated; Essential in intentional felonies. Essential only when the identity
As to persons criminally liable of the perpetrator is in doubt.
There are three persons Generally, only the principal is
criminally liable: principal, liable;
accomplice and accessory; ART. 4
As to division of penalties
Criminal liability shall be incurred:
Penalties may be divided into There is no such division of
1. By any person committing a felony although the
degrees and period. penalties.
wrongful act done be different from that which he
NOTE: A mala in se felony cannot absorb a mala prohibita crime. intended.
What makes the former a felony is the criminal intent or negligence; 2. By any person performing an act which would be an
what makes the latter crime are the special laws enacting them (Loney offense against person or property, were it not for the
v People, GR No. 152644 [2006]). inherent impossibility of its accomplishment or an
account of the employment of inadequate or ineffectual
NOTE: Laws that merely amend the provisions of the RPC do not means.
convert their violation into mala prohibita (Tae v CA, GR No. 85204
[1990]). BY ANY PERSON COMMITTING A FELONY ALTHOUGH THE
WRONGFUL ACT DONE BE DIFFERENT FROM THAT WHICH
MOTIVE HE INTENDED
It is the moving power which impels one to action for a definite
result. The intent is the purpose to use a particular means to effect BASIS OF PARAGRAPH 1
such result (REYES, 57). 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 (People v Ural, GR
Illustration: No. L-30801 [1974]).
A, who is jealous of B shot the latter as a result of which B died. The
intent is to kills while the motive is jealousy. NOTE: One who commits an intentional felony is responsible for
all the consequences which may naturally and logically result
NOTE: One may be convicted of a crime whether his motive therefrom whether foreseen or intended or not (REYES, 61).
appears to be good or bad or even though no motive is proven. A
good motive does not prevent an act from being a crime. in mercy Illustration:
killing, the painless killing of a patient who has no change of One who gave a fist blow on the head of A, causing the latter to fall
recovery, the motive may be good, but it is nevertheless punished by with the latter’s head striking a hard pavement, is liable for the death of A,
law (REYES, 58). which resulted although the one who gave the fist blow had no intention to
kill.
MOTIVE: WHEN RELEVANT [CUT NID]

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NOTE: When a person has not committed a felony, he is not be committed, the penalty being lesser than the penalty for
criminally liable for the result which is not intended. parricide which was actually committed. But the penalty
which will be imposed shall be in its maximum period (see
Illustration: Art. 49).
One who tries to retain the possession of his bolo by which was being
taken by another and because of the struggle, the tip of the bolo struck and 2. Aberration Ictus – Mistake in the blow. Penalty: penalty for
pierced the breast of a bystander, is not criminally liable therefor, because the graver offense in its maximum period (Art. 48).
law allows a person to use the necessary force to retain what belongs to him
(People v Bindoy, 56 Phil. 15). Illustration:
A, with intent to kill, hacked B. B was not his but C who
REQUISITES [IDNaL] was behind B. A is also liable for the death of C. The death of C
1. That an intentional felony has been committed; is the natural consequence of the felonious act of A. In this case,
there is a complex crime of attempted or frustrated homicide,
No Intentional Felony When: parricide, infanticide or murder, as the case may be (liability of A
i. When the act or omission is not punishable by RPC; with respect to B), and homicide, parricide, infanticide or
ii. When the act is covered by any of the justifying murder, as the case may be (liability of A with respect to C).
circumstances in Art. 11 of RPC.
3. Praeter Intentionem – Injurious result is greater than that
NOTE: The act or omission should not be punished by a intended.
special law because the offender violating a special law
may not have the intent to do any injury to another. In Illustration:
such case, the wrongful act done could not be different, as A boxed B with the intention of inflicting a lump on B. as a
the offender did not intend to do any other injury (REYES, result of the blow, B lost his balance and fell to the ground with is
65). head hitting the pavement causing his death. A is liable for
homicide.
2. That the wrong done to the aggrieved party be the direct,
natural and logical consequence of the felony committed. ABERRATIO ICUS ERROR IN PERSONAE
The victim, as well as the actual The supposed victim may or
PROXIMATE CAUSE victim, is both in the scene of the may not be in the scene of the
It is that cause, which, in the natural and continuous sequence, crime; crime;
The offender delivers the blow to The offender delivers the blow
unbroken by any efficient intervening cause, produces the injury, and
his intended victim but because not to his intended victim;
without which the result would not have occurred (Vallacar Transit,
of poor aim, landed on someone
Inc. v Catubig, GR No. 175512 [2011]). else;
If the result can be traced back to the original act, then the doer Generally gives rise to complex There is no complex crime.
of the original act can be held criminally liable. crime unless the resulting
consequence is not a grave or
less grave felony.
NOTE: The relation of cause and effect consists of:
1. Cause being the felonious act of the offender; WHEN DEATH IS PRESUMED TO BE THE NATURAL
2. Effect being the resultant injuries and/or death of the CONSEQUENCE OF PHYSICAL INJURIES INFLICTED [NER]
victim. 1. The victim, at the time the physical injuries were inflicted,
was in normal heath;
NOTE: Any person who creates in another person’s mind an 2. The death may be expected from the physical injuries
immediate sense of danger, which causes the latter to do something inflicted;
resulting in the latter’s injuries is liable for the resulting injuries 3. The death ensued within a reasonable time.
(People v Toling, GR No. L-27097 [1975]).
NOTE: The offended party is not obliged to submit to a surgical
“ALTHOUGH THE WRONGFUL ACT DONE BE DIFFERENT operation or medical treatment to relieve the accused from liability
FROM THAT WHICH HE INTENDED” (US v Marasigan, GR No. L-9426 [1914]).
1. Error in Personae – Mistake in the identity of the victim.
Penalty: the penalty for lesser crime in its maximum period WHEN FELONY COMMITTED IS NOT THE PROXIMATE
(Art. 49). CAUSE
1. There is an active force between the felony committed and
Illustration: the resulting injury, such active force is distinct from the
A intended to kill B. One night, A shouted to the person felony committed;
whom he thought to be B. An altercation ensued. In the process, 2. The resulting injury is due to the intentional act of the
A fired his gun at the person who died as a consequence. It victim, i.e., fault or carelessness of the victim to increase the
turned out that the person whom he shot and killed was not B but criminal liability of the assailant.
his own father. In this case, A is liable for parricide, the crime
actually committed. When he fired his gun, he acted with intent. EFFICIENT INTERVENING CAUSE
He is liable for all the direct, logical and natural consequences of It is the cause which interrupted the natural flow of the events
his felonious act, whether foreseen intended or unintended. leading to one’s death. This may relieve criminal liability.

NOTE: In the illustration above, the penalty imposable is THE FOLLOWING ARE NOT EFFICIENT INTERVENING
not the penalty for parricide which is the one committed, CAUSES (REYES, 76-77)
but the penalty of homicide which is the crime intended to 1. The weak or diseased physical condition of the victim;

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 2. The nervousness or temperament of the victim; 5. Theft (Arts. 308, 310-311);
3. Causes which are inherent in the victim; 6. Swindling and other deceits (Arts. 315-318);
4. Neglect of the victim or third person (e.g., refusal of medical 7. Chattel mortgage (Art. 319);
attendance); 8. Arson and other crimes involving destruction (Arts. 320-
5. Erroneous or unskilled medical or surgical treatment 326);
(unless the wound is slight or not mortal). 9. Malicious mischief (Arts. 327-331).

BY ANY PERSON PERFORMING AN ACT WHICH WOULD BE INHERENT IMPOSSIBILITY

AN OFFENSE AGAINST PERSON OR PROPERTY, WERE IT NOT In impossible crime, the act performed by the offender cannot
FOR THE INHERENT IMPOSSIBILITY OF ITS produce an offense against persons or property, because:
ACCOMPLISHMENT OR AN ACCOUNT OF THE 1. The commission of the offense is inherently impossible of
EMPLOYMENT OF INADEQUATE OR INEFFECTUAL MEANS accomplishment;
2. The means employed is either:
IMPOSSIBLE CRIMES a. Inadequate;
When the person intending to commit an offense has already b. Ineffectual.
performed the acts for the execution of the same but nevertheless the
crime was not produced by reason of the fact that the act intended NOTE: The act of the offender is by nature one of impossible
was but its nature one of impossible accomplishment or because the accomplishment.
means employed by such person are essentially inadequate to
produce the result desired by him, the court, having in mind the THERE MUST EITHER BE:
social danger and the degree of criminality shown by the offender, 1. Legal Impossibility – where the intended acts, even if
shall impose upon him the penalty of arresto mayor or a fine ranging completed would not amount to a crime;
from 40,000 to 1.2M pesos (Art. 59, RPC). 2. Physical or Factual Impossibility – when extraneous
circumstances unknown to the actor or beyond his control
BASIS FOR PUNISHMENT prevent the consummation of the intended crime.
The commission of an impossible crime is indicative of criminal
propensity or criminal tendency of the part of the actor. Such person Illustration:
is a potential criminal. According to positivist thinking, the The accused fired at the room of the supposed victim but no one was
community must be protected from anti-social activities, whether actually in the room thus no one was shot. There is factual impossibility in
actual or potential, of the morbid type of man called “socially this case. The crime committed is impossible crime and not attempted
dangerous person” (REYES, 81). murder. It occurs when extraneous circumstances unknown to the actor or
beyond his control prevent the consummation of the intended crime, in this
REQUISITES case, petitioner shoots the place where he thought his victim would be,
1. That the act performed would be an offense against although in reality, the victim was not present in said place and thus, the
persons or property; petitioner failed to accomplish his end.
2. That the act was done with evil intent;
3. That:
a. Its accomplishment is inherently impossible;
b. The means employed is either:
i. Inadequate;
ii. Ineffectual;
4. That the act performed should not constitute a violation of
another provision of the RPC.

NOTE: In committing an impossible crime, the offender intends to

commit a felony against persons or a felony against persons or
property, and the acts performed would have been an offense against
persons or property. Nonetheless, a felony against persons or
property should not be actually committed, for, otherwise, he would
be liable for that felony.

FELONIES AGAINST PERSONS [MPH DRAP]

1. Murder (Art. 248);
2. Homicide (Art. 249);
3. Parricide (Art. 246);
4. Infanticide (Art. 255);
5. Duel (Arts. 260-261);
6. Rape (Art. 266-A);
7. Abortion (Arts. 256-259);
8. Physical Injuries (Arts. 262-266).

FELONIES AGAINST PROPERTY [BRUCT SCAM]

1. Brigandage (Arts. 306-307);
2. Robbery (Arts. 294, 297-300, 302-303);
3. Usurpation (Arts. 312-313);
4. Culpable insolvency (Art. 314);

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