CRIMINAL LAW MIDTERMS REVIEWER 2.

Territorial
- criminal laws undertake to punish crimes committed within
GENERAL PRINCIPLES the Philippine Territory

TERMS 3. Prospective
CRIMINAL LAW – branch or division of law which: - criminal law merely punishes crimes committed on or after
a. Defines crimes its effectivity.
b. Treats of their nature; and
c. Provides for their punishment Exceptions to the Prospectivity Principle
CRIME – act or omission punishable by law 1. When the law is favorable to the accused;
FELONY- crime punishable under the RPC 2. When the law decriminalizes an act or grant an
OFFENSE- crime punishable under special laws amnesty
Malum in se (evil in itself) – crime or an act that is inherently
immoral OTHER DOCTRINES AND PRINCIPLES
Malum prohibitum (prohibited evil) – an act that is a crime Pro Reo Doctrine “when in doubt, for the accused”
merely because it is prohibited by law, the act itself is not - where a law admits of several interpretations, one which is
necessarily immoral favorable to the accused must be admitted.

Sources of Criminal Law Equipoise Rule

1. Revised Penal Code - when the evidence of the prosecution and defense is equally
2. Special Penal Laws passed by: balanced, the scale should be tilted in favor of the accused
a. Philippine Commission because of the presumption of innocence.
b. Philippines Assembly
c. Philippine Legislature Nullum Crimen Nulla Poena Sine Lege
d. National Assembly - there is no crime where there is no law that punishes it
e. Congress of the Philippines
f. Batasang Pambansa Actus non facit reum, nisi men sit rea
3. Penal Presidential Decrees issued during the Martial - act cannot be criminal unless the mind is criminal
Law
Actus me invito factus non est meus actus
Limitations of the Power of the Congress to Enact Penal - ac act done by me against my will is not my act
Laws
1. No ex post facto law or bill of attainder shall be El que es casa de la cause es causa del mal causado
enacted. - he who is the cause of the cause, is the cause of the evil
2. No person shall be held to answer for a criminal caused.
offense without due process of law
3. Should not impose cruel and unusual punishment nor Art 1: WHEN ACT TAKES EFFECT
should it impose excessive fines RPC was approved on December 8, 1930 and took effect on
4. Must be general in application and must clearly January 1, 1932.
define acts and omissions punished as a crime

Characteristics of Criminal Law Art. 2: APPLICATION OF ITS PROVISIONS

1. General Two Applications of the RPC
- it is obligatory upon all who live and sojourn in the 1. Intraterritorial – within the Philippine archipelago,
Philippine territory, subject to principles of PIL and treaty including its atmosphere, interior waters and
stipulations maritime zone
- persons not subject to operation of our criminal laws as per 2. Extraterritorial- applied to crimes committed outside
PIL the Philippine territorial jurisdiction
a. Sovereigns and other heads of state a. Commission of an offense while on Philippine
b. Charges d’affaires Ship or Airship
c. Ambassadors FRENCH RULE: recognizes flag or nationality of
d. Ministers plenipotentiary; and vessel shall have jurisdiction except when the crime
violated the peace and order of the host country.
e. Ministers Resident ENGLISH RULE: adheres strictly to the territoriality
Blanket Diplomatic Immunity principle or situs of the crime. Country of registry will
- diplomatic representatives and their official retinue, possess only have jurisdiction if it relates to internal
immunity from the criminal jurisdiction of the country of their management of the vessel. (followed by the
sojourn an cannot be sued, arrested, or punished by law of that Philippines)
country.
Ratio: Suing a representative of a state is in effect suing the b. Crimes committed on private or merchant
state itself. Based on maxim par in parem, non habet vessels found in Philippines territorial waters
imperium (all states are sovereign equals)
 c. Forging or counterfeiting any coin or currency c. Identity of the accused is doubtful
note of the Philippines or obligations and d. Evidence on the commission of the crime is purely
securities issued by the Government circumstantial
d. Introduction into the Philippines of the of the e. Two conflicting theories of the incident present
obligations and securities mentioned in the f. Absence of eye-witness, when more than one person
preceding number is under suspicion
e. Public officers or employees who commit an g. When act is alleged to be committed in defense of a
offense in the exercise of their functions stranger.
f. Commission of any of the crimes against h. Inconclusive evidence of the accused
National Security and the law of nations
Culpable Felonies
Special Laws with Extra-Territorial Application - act or omission is not malicious, injury cased is unintentional
1. Human Security Act of 2007 as it being simply the incident of another act performed.
2. Anti-Trafficking in Persons Act of 2003 Requisites:
- the state shall exercise jurisdiction over trafficking of 1. Freedom
persons even if committed outside the Philippines, the 2. Intelligence
crime being a continuing offense. 3. Negligence, imprudence, lack of foresight, or
lack of skill
Art. 3: FELONIES
FELONIES- acts or omission punished under the RPC Negligence – indicates a deficiency of perception, failure to
ACT- any bodily movement tending to produce some effect in pay proper attention and to use diligence in foreseeing the
the external world injury, damage impending to be caused; usually involves lack
OMISSION- inaction, failure to perform a positive duty which of foresight.
one is bound to do.
Imprudence – indicate a deficiency of action; failure in
ELEMENTS OF FELONIES precaution or failure to take necessary precaution once the
1. Act or omission danger or peril becomes foreseen.
2. Such must be punishable by RPC
3. Malice or fault is present in the performance or Mistake of Fact
omission - misapprehension of fact, which if true, would justify the act
Felony does not absorbed nor is absorbed by an offense. E.g. of omission committed.
BP 22 and Estafa; RA 9745 (torture) and murder; illegal - not criminally liable as he acted without criminal intent
recruitment and Estafa Requisites as a defense:
1. Mistake be honest and reasonable
If the SPL allows absorption, then only one crime is 2. It be a matter of fact; and
committed. 3. Negates the culpability required to commit the crime
E.g. RA 7610 and Statutory Rape- case filed under RPC, or the existence of the mental state
Human Security Act absorbs predicate acts like arson,
murder, kidnapping etc. Plurality of Crimes
- consists in the successive execution by the same individual
Offenses and Felonies cannot be complexed as Art. 48 does or different criminal acts upon any of which no conviction has
not allow complexing of felony with offense. yet been declared.
a. Complex Crimes under Art. 48
Intentional Felonies b. Composite of Special Complex Crimes
- act or omission of the offender is malicious, has the intention c. Continued or Continuous Crimes
to cause an injury to another d. Continuing Crimes
Requisites:
1. Freedom Types of Plurality
2. Intelligence; and 1. Ideal Plurality, concurso ideal
3. Criminal Intent - Occurs when a single act gives rise to carious
infractions of law. E.g. Complex crimes Art. 48
Intent- the use of a particular means to bring about the desired 2. Real Plurality, concurso real
result. E.g. use of lethal weapon; nature, location and number - arises when the accused performs an act or different
of wounds- shows the intent to kill acts with distinct purposes and resulting in different
crimes which are juridically dependent.
Motive- is the moving power or force which impels a person
to a desired result. E.g. vengeance Art. 4: CRIMINAL LIABILITY
- Immaterial in determining criminal liability Two kinds of Offender
Exception, when proof of motive is necessary: Par. 1: Those who commit a felony whether dolo or culpa
a. When the act may give rise to variant crimes Requisites:
b. There is doubt whether the accused committed the a. Accused must be committing an intentional felony
crime
b. Felony committed is the proximate cause of the resulting Executive Clemency – power of the president to pardon a
injury person convicted of a criminal offense, or to commute the
Proximate Cause- cause in which in the natural and related sentence, or reduce it to a lesser sentence.
continuous sequence, unbroken by any efficient
intervening cause, produces the injury and without which Art. 6: Stages of Execution of a Crime
the result would have not occurred. I. Attempted Stage
Efficient Intervening Cause- one not produced by a II. Frustrated Stage; and
wrongful act or omission, but independent of it and III. Consummated Stage
adequate to being injurious results.
- any cause intervening between the first wrongful case Present in material crimes, but not in:
and the final injury 1. Formal crimes which is consummated by a single act (E.g.
perjury, false testimony, slander, physical injuries)
Causes which Produce a result different form that 2. Felonies by omission as the offender does not execute any
intended by the Offender act (E.g. Misprision of Treason).
1. Error in personae (mistake in identity) 3. Offenses punished by special laws
2. Mistake of Fact (no intent to commit a crime) 4. Impossible Crimes
3. Aberratio Ictus (mistake in the blow) 5. Crimes Consummated by mere attempt
4. Praeter Intentionem (so grave than intended) 6. Crimes Committed by mere agreement
5. Proximate cause
Stages of Development of a Crime
Par 2: Those who commit an impossible crime 1. Internal Acts – mere ideas in the mind of a person, not
Impossible Crime- one where the acts performed would have punishable as mere intention produces no effect.
been a crime had it been not of the inherent impossibility or 2. External Acts – physical or sensibly perceptible side of a
employment of ineffectual means. human action, covers preparatory acts, overt acts, and acts
- there is intent to commit a crime, but NO crime is committed of execution.
- no attempted or frustrated stage, always consummated and Preparatory Acts – initial acts of a person who has
applies only to grave or less grave felonies. conceived the idea of committing a crime, but which
Elements of an Impossible Crime cannot by themselves logically ripen into a concrete
1. Act done would have been an offense against person offense (not an attempted stage, not punishable
or property unless provided by law)
2. Act was done with evil intent Overt Acts- some physical activity or deed,
3. Accomplishment is inherently impossible or means indicating the intention to commit a particular crime,
employed is inadequate or ineffectual more than a mere planning or preparation, which if
4. Act performed should not constitute a violation of carried to its complete termination will logically and
another provision of the RPC necessarily ripen into a concrete offense.
Acts of Execution – punishable under the RPC
Art. 5: DUTY OF THE COURT
Par. 1: Acts which should be repressed bit which are not Two Phases of a Felony
covered by law: 1. Subjective Phase
Requisites: - that portion of the acts constituting the crime included
1. Act committed by the accused appears not punishable between the acts which begins the commission of the
by any law crime and the last act performed by the offender which
2. Court deems it proper to repress such act with prior acts, should result in the consummated crime.
3. Court must render the proper decision by dismissing - after that point has been breached, subjective phase ends
case and acquitting accused and objective phase begins.
4. Judge must make a report to the Chief Executive, - if offender never passes subjective phase, the crime is
through Sec. of Justice stating the reasons which merely attempted.
induce him to believe that the said act should be - exists in the attempted stage because the offender could
made subject of penal legislation. perform all acts necessary to produce the felony or he
may desist.
Par. 2 Excessive Penalties
Requisites 2. Objective Phase
1. Court after trial finds the accused guilty - starts from the time the offender has performed all acts
2. Penalty provided by law appears to be clearly necessary to accomplish the crime because there is nothing
excessive because: more he needed to do to accomplish his crime.
a. Accused acted with lesser degree of malice - crime no longer depends on the subject (offender) but will
b. There is no injury, or injury is of lesser gravity run on its own course and result to either frustrated or
3. Court should not suspend the execution of sentence consummated felony.
4. Judge should submit a statement to the Chief
Executive through the Sec. of Justice recommending Factors in determining Stages of Execution
executive clemency. 1. Manner of committing the felony
2. Elements constituting felony; and
 3. Nature of the Offense Evil intent is accomplished
Evil intent is possible of accomplishment Evil Intent Not
STAGES OF EXECUTION OF A FELONY (DISCUSSION) possible
I. ATTEMPTED STAGE
Non- Non- Non-
- There is an attempt when the offender commences the accomplishment is accomplishment is accomplishment is
commission of a felony direct by overt acts, and does not caused by cause or caused by causes caused by inherent
perform all of the acts of execution by reason of some cause or accident other than independent of the impossibility or
accident other than his own spontaneous desistance. his own spontaneous will of the means employed is
Elements: desistance. perpetrator. inadequate or
a. Offender commences the commission of the felony ineffectual.
directly by overt acts;
b. Does not perform all acts of execution which should
produce felony; Not all acts of All acts of execution
c. Offender’s act is not stopped by his own spontaneous execution had been had been done
desistance; and done
d. Non-performance of all acts was due to cause or Subjective phase as Already in objective
accident outside his will or control he still has control phase.

Indeterminate Offense- one where the purpose of the offender Art. 7: Light Felonies
in performing an act is not certain. - these are infractions of law which the penalty of arresto
Desistance- acts of discontinuing the execution of the felony menor or a fine not exceeding Php 40,000 or both is
which will negate criminal liability of the offender when done prescribed.
during the attempted stage.
Legal Desistance- obviate criminal liability, unless Light Felonies under the RPC
preparatory acts is already committed, made during 1) Slight Physical Injuries, Art. 266
the attempted stage 2) Theft, Art. 309 (7) and (9), when the value of the things stolen
Factual Desistance- actual desistance, still liable for does not exceed Php 500, and committed under the
the attempt, no effect as desistance referred to by law circumstances under Art 308 (3)
is only at the attempted stage. 3) Alteration of boundary marks, Art. 313
Spontaneous Desistance is exculpatory if: 4) Malicious Mischief, when value of the damage does not
a. made during the attempted stage exceed Php 40,000 or cannot be estimated
b. acts already committed do not constitute any offense 5) Intriguing against honor, Art 364
As per Art. 16, only the principal and the accomplices are
II. FRUSTRATED STAGE liable. Accessories are not punishable because light felony is
- when the offender performs all the acts of execution which penalized with arresto menor.
would produce the felony as a consequence but which
nevertheless, do not produce it by reason of causes NOTES:
independent of his will. GR: Light felonies are only punishable when they have been
consummated. Ratio: If not consummated, wrong done is so
Elements: slight that there is no need for penalty at all.
a. Offender performs all acts of execution Exception: if committed against persons or property, it shall
b. Such would produce the felony as a consequence be punishable even if attempted or frustrated only.
c. But felony is not produced; and - e.g. Slight Physical Injuries (always consummated, leaving
d. Reason of causes independent of his will the exception unnecessary)

Felonies without Frustrated Stage Art. 8: Conspiracy and Proposal to Commit Felony
1. Rape Conspiracy exists when two or more persons come to an
2. Adultery agreement concerning the commission of a felony and decided
3. Indirect Bribery to commit it.
4. Direct Bribery
5. Corruption of Public Officers NOTES:
6. Physical Injury GR: Mere conspiracy or proposal to commit a felony is not
7. Theft punishable since they are only preparatory acts.
Exception: When law specially provides a penalty therefor.
III. CONSUMMATED STAGE When Mere Conspiracy is punishable
- when all elements necessary for its execution and Under RPC (TRICSM)
accomplishment are present. 1. Treason
- Offender does not have to do anything else to consummate 2. Rebellion
the offense 3. Insurrection
4. Coup d’etat
DISTINGUISHED 5. Sedition
6. Monopolies and combination in restraint of trade
ATTEMPTED FRUSTRATED IMPOSSIBLE
Under Special Laws (DEAR ATe) b) He proposes its execution to some other person or
1. Selected acts under Dangerous drugs acts persons
2. Espinage
3. Illegal association When Mere Proposal is Punishable (TRIC)
4. Highway Robbery 1. Treason
5. Arson 2. Rebellion
6. Terrorism under Human Security Act 3. Insurrection
The act of one, is the act of all 4. Coup d’etat
Once conspiracy is prove, the act of one is considered the act
of all. Proposal to commit a felony is not punishable when:
1. Person who proposes is not determined to commit
Exception: When one or some conspirators committed some felony
other crim which are not part of the intended crime. 2. There is no decided, concrete and formal proposal but
mere suggestion
Exception to the Exception: 3. It is not the execution of a felony that is proposed.
1. When one stands guard or lends moral support to actual
perpetration of crime, he is criminally liable to the same extent Art. 9: Classification of Felonies according to Gravity
as actual perpetrator Grave Felonies – to which the law attaches capital
2. When the other crime is the natural consequence of the punishment or penalties in any of their periods are afflictive,
crime planned. in accordance with Art. 25. These are:
3. When the act constitutes single indivisible offense. 1. Reclusion Perpetual
2. Reclusion Temporal
Doctrine of Implied Conspiracy 3. Perpetual or Temporary Absolute Disqualification
Conspiracy is implied when the malefactors have a common 4. Perpetual or Temporary Special Disqualification
purpose and were united in its execution. Spontaneous 5. Prision Mayor
agreement or active cooperation by all perpetrators at the 6. Fines of more than Php 1,200,000
moment of the commission of crime is sufficient to create
joint responsibility. Less Grave Felonies – to which the law punishes with
- co-conspirator must do an act which shows his unity of penalties which in their maximum period are correctional, as
purpose and design, mere presence in this situation is not per Art 25 of the Code. These are:
enough. 1. Prision Correccional
2. Arresto Mayor
Arias Doctrine 3. Suspension
All heads of offices have to rely to a reasonable extent on their 4. Destierro; and
subordinates and on the good faith of those who prepare bids, 5. Fines > Php 1,200,000 but more than Php 40,000
purchase supplies, or enter into negotiations. Thus, one who
signs or initials documents in the course of transit on the Light Felonies – infractions of law which the penalty of
conduct of agency’s SOP does not automatically become a aresto menor and/or a fine not exceeding Php 40,000 is
conspirator. provided.

It is not necessary to show that all the conspirators actually NOTES:

committed all the elements of the crime charged, what is Importance of Classification
important is that all of them performed specific acts with such - to determine if they can be complexed
closeness and coordination as to indicate an unmistakably - to determine prescription of crime and penalty
common purpose or design. - to determine duration of subsidiary penalty
- to determine duration of detention in cause of failure to post
Two Structures of Conspiracy bond
Wheel Conspiracy - to determine whether or not the person in authority or his
- where there is a single person or group (the hub) dealing agents have committed delay in the delivery of detained
individually with two or more other persons or groups (the persons to the judicial authority
spokes). - to determine the proper penalty for quasi-offenses.

Chain Conspiracy Art. 10: Offenses not subject to RPC

- where there is successive communication and cooperation in GR: Special Laws are not subject to the provisions of the
much the same way as with legitimate business operations. RPC. Thus, the circumstances affecting criminal liability are
- common in distribution of narcotics or contrabands not applicable to violations of Special Laws.

Proposal exists when the person who has decided to commit a Exception: RPC, shall have supplementary application to the
felony proposes its execution to some other person or persons. SPLs whenever the latter uses the nomenclature of penalties in
Requisites: the RPC, an indicia of the intent of congress to make it apply
a) A person has decided to commit a felony; and suppletorily.
Exception to the Exception: Responsibility – is the obligation of taking the penal and civil
- When the Special Law expressly prohibits supplementary consequences of the crime.
application Guilt – an element of responsibility, for a man cannot be
- When the provisions of the RPC are impossible to apply, made to answer for the consequences of a crime unless he is
either by express provision or by necessary implication. guilty.

Suppletory Application of RPC, when SPL is silent re: Confession and Avoidance in Nature – justifying and
1. Principle of Conspiracy exempting circumstances are both in this nature. The accused
2. Definition of Principals, accomplices and accessories is confessing to the commission of the act, but seeks to avoid
3. Measures of prevention or safety criminal liability.
4. Subsidiary penalty
5. Concept of Delito Continuado Beneficial provisions are strictly construed against the
6. Rules on service of Sentence accused, thus these rules are observed.
7. Threefold Rule i) All elements present- not criminally liable as per Arts
8. Rules on Civil/Pecuniary liabilities 11 and 12
9. Civil liability ii) Majority of elements present- benefit of privileged
10. Rule on the delay in the delivery of detained mitigating (Art.69)
prisoners iii) Only one element is present- offender is given an
ordinary mitigating circumstance.
MODIFYING CIRCUSMTANCES
Those which increases or decreases the penalty in accordance
with the presence or absence of circumstances showing the
moral, emotional, and mental state of the offender.

I. Justifying Circumstances (Art.11)

II. Exempting Circumstances (Art.12)
III. Mitigating Circumstances (Art.13)
IV. Aggravating Circumstances (Art.14)
V. Alternative Circumstances (Art.15)

Absolutory Cause – exempting circumstances outside Art. 12

1. Instigation due to public Policy
2. Spontaneous Desistance (Art. 6)
3. Attempted or frustrated Light Felonies except those
against persons or property (Art. 7)
4. Accessories in Light Felony (Art. 16)
5. Certain relatives who acted as accessories to the offenders
(Art. 19)
6. Injuries except serious Physical Injuries (Art. 247)
7. Those covered by Art. 332 in crimes of theft, swindling or
malicious mischief committed or caused mutually by:
a. Spouses, ascendants and descendants, or relatives by
affinity in the same line.
b. Widowed spouse with respect to the property which
belonged to the deceased spouse before it has passed
into the possession of another.
c. Brothers and sisters; and brothers-in-law and sisters-
in-law if living together.
8. Somnambulism due to lack of intelligence
9. Mistake of fact due to lack of Intent
10. Total repeal of law which decriminalizes an act.

Extenuating Circumstances – mitigating circumstances not

found in Art. 13
a. Abandonment of wife by husband (Art. 333 par 3)
b. Concealment of Dishonor in abortion (Art. 255)

Imputability – it is the quality by which an act may be

ascribed to a person as its author or owner. Implies that it has
been freely and consciously done and may therefore be put
down to the does as his very own.