Crim Notes
Crim Notes
Crim Notes
Notes
Crim law is the branch of public law that 3. It must not be in a nature of a bill of
deals with crimes, treat of their nature and attainder (law that penalizes and
provides their penalties offender without due process)
4. No unusual punishment or excessive
There are 2 offended parties: state and fines
private complainant (e.g. PEOPLE v.)
Characteristics of Criminal Law (TGP)
There are 2 liabilities: Civil and criminal 1. Territoriality – our penal laws will
liability only have force and effect only
within the Philippine archipelago
Only Criminal liability is extinguished upon (issue is the place)
the death of the accused. The civil liability
does not go to the state but only to the The effect of mental violence is a
private complainant continuous offense. Regardless of
the place where it was first
The private offended party is the only one committed.
who can waive civil liability
Exceptions:
Crimes are an act that is either committed -Committed an offense while on a Philippine
or omitted. If commission, it is an overt act. ship or airship
-Forged or counterfeited coins of the PH
A law can be by the RPC or by a special law. -Introduction of the counterfeit
If violation of RPC, it is a Felony. If violation -Public officer and commits offense in the
of special law, it is an offense. If violation of exercise of your function
local law or ordinance, it is an infractions. -crime against national security
2. Generality – our penal laws is
Felony (Mala Inse) - inherently wrong; binding on all person who live
needs to prove criminal intent. sojourn or reside in the PH
Offense (Mala Prohibita); the mere fact that regardless of the nationality (issue is
you committed the act, it is already a crime. the person)
Stages in Felony:
1. Attempted – when the offender 3. Consummated
commences the commission of a -Arson (no frustrated) (Only
felony of an overt act and does not attempted and consummated)
perform all the acts of execution due -Rape (no frustrated) (Only
to other than his own desistance attempted and consummated) (rape
-commences the felony directly by is consummated when there is
overt act (basis of the penalty is the penetration, or tip of penis to the
overt act) (intention is immaterial) labia)
-was not able to perform all act of
execution (own desistance, negates Attempted rape vs Acts of
criminal liability but only during the Lasciviousness:
attempted stage) Intent either to penetrate or
-not able to perform the acts due to not, if there is the crime is
accidents other than his own attempted rape; if no intent
desistance to penetrate, act of
lasciviousness.
Indeterminate offense (ambiguous
acts) cannot charge a person with -Theft (no frustrated) (Only
indeterminate offense because it has attempted and consummated)
no juridical standpoint in the penal
code
Elements of accident:
Art XII. -performing a lawful act
Exempting Circumstance: if present, would -due care
serve to exempt the offender from criminal -caused an injury by mere accident
liability only. Not civil liability. -without fault or intent
There was no voluntariness.
Consequence: Admitting indeed committed 4. Any person who act under
the act, but “I did not act voluntarily.” irresistible force is exempt to
criminal liability
CRIMLAW I
Notes
- There mut be physical force and Kinds of mitigating circumstance:
the force must be irresistible and -Ordinary (can offset generic and
coming from a third person. aggravating) (can lower penalty to lower
- It reduces a person to a mere period)
instrument -Privilege (no offset. Cannot be offset by any
- There is no freedom of force aggravating circumstance) (effect is to lower
penalty to one degree)
5. Uncontrollable fear: any person
under the impulse of fear is exempt 1. Incomplete justifying or exempting
from liability, not required to have circumstance: all elements necessary
physical force are not attendant. If all elements not
present to exempt are incomplete
Elements: exempting circumstance. (can be
-existence of uncontrollable fear ordinary or privilege circumstance)
-existence is real or imminent
-fear must be greater or equal to the act If majority of elements are present,
committed (no freedom of action) shall be treated as privilege
6. Any person who fails to perform an If less than majority of elements are
act by law when prevented by present, it shall be ordinary
insuperable cause (exempt from
both criminal and civil liability) If all are present, it is justifying
circumstance
Justifying vs Exempting:
Justifying (offender acted within the wall) In the case of self-defense, there
(what affected is the act committed) (no should always be unlawful
crime and no criminal) (if no criminal aggression. If no unlawful
liability, there is also no civil liable except in aggression, there is no justifying and
state of necessity) (raise in intentional mitigating circumstance.
felony)
Exempting (offender violated the law) (what 2. Minority and Seniority: offender is
affected is the offender himself) (there Is a under 18 years of age or over 70
crime but no criminal) (no criminal liability, years old.
but there is civil liability, except accident
and insuperable cause) (raised in both Minority if not exempting is always privilege
intentional and culpable) mitigating circumstance. lowered by one
degree. (over 15 under 18, acted with
discernment) (Art 68, RPC)
Art XIII.
Only minority can be privilege. If seniority,
Mitigating: If present they will either lower, only ordinary.
reduce or increase imposable penalty
3. What you intended the result was
worse or greater
CRIMLAW I
Notes
7. Voluntary surrender/ voluntary plea
Elements: of guilt (voluntary surrendered
-felony committed himself or confessed) (gives rise to 2
-there is disparity between the means separate mitigating circumstance,
Surrender and plea of guilt) (must be
4. Sufficient provocation (on the part of spontaneous and unconditional)
the offended party or victim,
immediately proceeding the act) Element:
-offender has not been actually arrested
Elements: -surrendered to a person in authority or his
-provocation must be sufficient agent (PIA: judge, major, brgy chairman,
-provocation originates from victim gov) (Agents: police, brgy tanods)
-immediate from the commission of felony -surrender must be voluntary
Evident premeditation will become a If did not enter, theft. If breaking and
generic aggravating circumstance to highest theft, robbery with force upon
penalty. things, unlaw entry become
inherent.
Only one qualifying circumstance will suffice 19. Crime by use of motor vehicles,
for homicide to become murder airships and other similar means
20. Wrong done in the commission of a
If victim is sleeping while killed, it is crime was deliberately augmented
treachery. by causing other wrong necessary
for its commission (cruelty)
If the witness did not see that the victim (performs another act that adds
was defenseless, then it does not constitute physical pain)
to treachery. Treachery should be present at Elements:
the inception of the act. (People vs. -time afflicted additional pain, victim is no
Enriquez and People vs. Saulog) longer alive
-offender enjoys and delights in seeing his
There can never be a treachery if the attack victim agonize
happened at the spur of the moment
according to SC. The effect of treachery
from homicide turn to murder. Art XV.
Mitigating if crime is against property (theft, Who are liable in light penalties
estafa, malicious mischief (relationship is 1. Principal
exempting circumstance) 2. Accomplice
2. Intoxication (can be mitigating or
aggravating) Principal by direct participation-taken part
Mitigating if, defense shown that: in the execution of act (must be present at
-not habitual drinker the scene of the crime)
-intoxication is not subsequent to a plan to
commit a felony Principal by Inducement- not required to be
-did not affect his mental facilities present. Even if absent, he can still be
principal (inducement must be made
Aggravating if prosecution shows: directly with the deliberate intent or
-intoxication is habitual procuring the commission of the crime,
-deliberately taken liquor subsequent to the Inducement is the primary reason why the
plan to commit crime is committed)
3. Degree of Education (mitigating
circumstance) Principal by indispensable cooperation (co-
If the crime is inherently wrong, you cannot conspirator)- should be present at the
say that an uneducated man will be scene. His participation is indispensable in
considered as a mitigating circumstance order to commit the crime.