Things to Remember from Introduction to Criminal Law

Crime- act of commission or omission punishable by lawCriminal law- study of crimes, treats of their nature and its penalties

Sources of Philippine Criminal Law1. Revised Penal Code2. Special Laws3. Presidential Decrees during Martial Law

State, under its police power has the duty to define and punish crimes to promote peace and order in our country and to avoid chaos.

Limitations of Philippine Criminal Law1. No bill of attainder (punishment without trial) and no ex post facto lawRequisites of ex post factoa. criminal in natureb. retroactive in applicationc. prejudicial to the accused

2. due process of lawmore of a constitutional right of a person

Characteristics of Philippine Criminal Laws1. General- all living and sojourning in the Philippines are covered by Philippine

Criminal LawExceptionsa. Sovereignsb. Treatiesc. Diplomats

2. Territorial-all crimes within Philippine territory (land, air, water) are subject to Philippine Criminal Law

Exceptionsa. crimes inside Philippine ships or airshipsb. forging and counterfeiting of Philippine government notes, coins and billsc. introduction of letter b in the Philippinesd. public officials and employees committing a crime during exercise of functione. crimes against national security and laws of nation

3. Prospective in applicationException- new statute more lenient to the accusedException to the exception

1. new law inapplicable to pending actions or existing causes of action2. offender habitual criminal/delinquent

Manner of construing Philippine Criminal Law1. strictly against government and liberally for the accused2. Spanish translation will prevail in case of doubt

Article 1: Revised Penal Code took effect on January 1, 1932.

Two theories of Criminal Law:1. Classical- human free will= crime; penalty= retribution2. Positivist- man is sometimes subdued by outside force that only natural scientists

i.e. psychiatrists etc can solve; beyond law and jurisprudence

Revised Penal Code is based on the classical theory that crime is a result of human free will and penalty is for its retribution.

Article 2 Territorial application of criminal law- aside from its territorial (within Philippine land, water and air) application, Philippine Criminal law is also applicable to:

a. crimes inside Philippine ships or airshipsb. forging and counterfeiting of Philippine government notes, coins and billsc. introduction of letter b in the Philippinesd. public officials and employees committing a crime during exercise of functione. crimes against national security and laws of nation

For foreign vessels:One must be registered in the Philippines as a general ruleIf in transit- not triable in RPIf anchored- triable in RP

French rule- not triable unless peace and orderEnglish rule- all triable unless internal management only one affect

RPC follows English rule

Article 3 Felonies are:1. acts of commission or omission2. punishable by law3. committed through dolo (malice) or culpa (fault)

2 kinds of crimes1. intentional felonies- committed with malice/dolo2. culpable felonies- committed by culpa fault- negligence, imprudence, lack of foresight or lack of skill

3 elements of crime:1. FREEDOM2. INTELLIGENCE3. DOLO/MALICE/INTENT

In case of culpable felonies, 3rd element will be replaced by negligence, imprudence, lack of foresight or lack of skill

NO CRIME IF NO LAW PUNISHING ITIGNORANCE OF THE LAW EXCUSES NO ONE

MISTAKE OF FACT RELIEVES ACCUSED FROM CRIMINAL LIABILITY

Requisites of mistake of fact1. fact believed by accused is lawful (see Ah Chong Case)2. intent of accused is lawful3. no carelessness on the part of the accused

mala in se- punishable by RPCmala prohibita- punishable by special laws; intent not material, mere commission of crime will suffice for it to be punished

intent- purposemotive- moving power, not essential element in crime except if there is only substantial evidence and no eyewitnesses

Article 4 Criminal liability is incurred by:1. a person committing a felony even though result is greater than intended2. crimes against persons or properties

HE WHO IS THE CAUSE OF THE CAUSE IS THE CAUSE OF THE EVIL CAUSE1. mistake in identity2. mistake in blow3. injurious result greater than intended

Requisites of number 1:1. intentional felonies2. wrong done- direct, natural and logical consequence

PROXIMATE CAUSE CONCEPT Paragraph 1 not applicable in:

1. acts not punishable by RPC like suicide2. justified acts like self defense

Impossible crimes requisites1. crimes against person or property2. with evil intent3. inadequate/inefficient4. act not subject to Philippine Criminal law

reason why impossible crime punished:to prevent criminal tendency or propensity of a person

objectively no criminal liabilitysubjectively criminal

crimes against persons:1. physical injuries2. parricide3. rape4. abortion5. infanticide

6. murder7. homicide8. duel

crimes against properties1. brigandage2. theft3. robbery4. swindling5. chattel mortgage6. culpable insolvency7. arson and other crimes of distraction8. malicious mischief

Article 5 Repressing an act and Excessive Penalties

For Repressing an act1. accused is not guilty of any crime punishable by any law2. court finds it deem proper to punish said act3. court should properly dismissed case and acquit accused4. judge report to Chief Executive through Secretary of Justice regarding said act to

be repressed

For Excessive Penalties1. court finds accused guilty of said act2. excessive penalty due to

a. lesser malice and gravityb. no injury

3. non suspension of penalty4. judge report to Chief Executive through Secretary of Justice regarding said act

Article 6 Attempted, Frustrated and Consummated

Requisites:

For Attempted:1. overt acts only (acts directly related to the crime intended to commit)2. not perform all acts of execution to produce felony3. not stopped by spontaneous desistance of person4. stopped by cause or accident other than spontaneous desistance of person

For Frustrated (mortal wound must be inflicted)1. perform all acts of execution to produce felony2. did not produce felony3. due to acts/consequences independent to the will of the person

For ConsummatedPerform all acts of execution to produce felony and produce it

Article 7 Light felonies

-generally, not punishable except if consummated and if the following crimes against persons and properties are committed even if in the attempted and frustrated stage only:

1. slight physical injuries2. theft3. altercation of boundary marks4. intriguing against honor5. malicious mischief

punishment will be arresto menor and/or less than or equal to P200 fine

Article 8 Conspiracy and Proposal-generally not punishable since preparatory stage only except in:1. Treason2. Insurrection/Rebellion/Coup d’ etat3. Sedition

Note: for bribery and corruption of officials, proposal is an overt act

Conspiracy as criminal liability- if not executedConspiracy as manner of incurring criminal liability- if executed

Requisites of Conspiracy1. 2 or more individuals entered into agreement of committing a felony2. decided its execution

Requisites of Proposal1. one decided to commit felony2. proposed its execution

proposal need not be accepted; if accepted conspiracy already

Article 9 Punishments for:

Grave felonies- capital punishment- death penalty- afflictive penalties 1. reclusion perpetua2. reclusion temporal3. perpetual/temporary absolute disqualification4. perpetual/temporary special disqualification5. prision mayor

Less Grave felonies- correctional penalties1. prision correccional2. arresto mayor3. suspension4. destierro

Light felonies see Article 7

Article 10- Special laws supersede RPC; RPC acts as suppletory for special laws

Applicable in Article 10Article 8=ConspiracyArticle 12 paragraph 3= Exempting circumstances 9-15 y.o. Art 17-Principal22-retroactive effect of penal laws39-Subsidiary penalty100-Civil liability of person guilty of a felony45-Confiscation and forfeiture of the proceeds or instruments of the crime

Not Applicable in Article 106- Attempted, Frustrated, Consummated13- Mitigating circumstance14- Aggravating circumstances18- accomplices19- accessories50-57-penalty imposed on principals, accomplices and accessories of a attempted, frustrated and consummated crime64-Rulesfor application of penalties which contains three periods71-Graduated scales

Article 11- Justifying Circumstances1. self defense

other kinds of defenses:1. defense of right to chastity- there is unlawful aggression in mere putting of

man’s hand on the upper thigh of a woman2. defense of right to property- mere dispossession of property 3. defense of right to home/dwelling- mere entrance of a house of another

without his/her permission with weapon in hand

Requisitesa. unlawful aggression (person who gives first blow) RequisitesPhysical force must be actual and imminent

b. reason necessity of means employed to prevent or repel itRequisites: Quality of weapon, character and size of accused and place and time of occurrence

c. no sufficient provocationRequisites: no provocation, if there is provocation not sufficient, if sufficient not given by accused, if given by accused not imminent

2. defense of relativeRelatives are: spouse, ascendant, descendant, legitimate, natural, adopted brother or sister and affinity of same degrees and 4th degree of consanguinity

Same requisites as above except for letter c, if sufficient provocation given by relative, defender must take no part in it.

3. defense of strangerStrangers are those not mentioned in number 2. Same requisites with number one except for letter c, purpose of defending must be out of generous and disinterested motive to help stranger in danger

4. avoiding an evil by inflicting injury provided that:a. evil avoided actually existsb. evil avoided greater than injury inflicted to avoid itc. no other reasonable means to avoid evil

5. fulfillment of a duty and lawful exercise of right or function6. obedience to a lawful order of a superior provided manner of obeying is also

lawful

Article 12 Exempting circumstances (except for numbers 4 and 7, all are entitled to civil liability)

1. insane and imbecile2. below 9 years old3. 9-15 years old without discernment4. a person doing lawful act, acting with due care, inflicted injury by mere

accident, without intention to inflict injury (similar to mistake of fact)5. irresistible outside physical force inflicted by a 3rd person6. uncontrollable fear provided that it actually exists and it is so grave so as

to subdue an ordinary person to it7. failure to perform a lawful act due to some lawful and insuperable cause

Note: For Paragraphs 2 and 3, RA 9344 (Juvenile Justice and Welfare Act of 2006) amended it

Stages of Criminal Liability1. Full irresponsibility- below 15 y.o.2. conditional responsibility- 15-18 y.o.3. full responsibility- 18-70 y.o. 4. mitigating responsibility- 15-18 y.o. without discernment and above 70 y.o.

Article 13 Mitigating circumstances (privileged -2 or majority of requisites present and ordinary- 1 requisite present)

1. incomplete defensesa. self defenseb. defense of relativec. defense of strangerd. Art 12 paragraph 4 not acting with due care- culpable felonye. Uncontrollable fearf. Irresistible forceg. Fulfillment of a dutyh. Obedience to lawful order

2. 15-18 y.o. without discernment (diversion program; if do not attend, subject to trial) and above 70 y.o. (commutation of sentence)

3. no intention to commit a crime so grave4. sufficient provocation on part of aggrieved party immediately after the act (take

into account place and occasion and social standing of accused)5. grave offense against relative was committed and felony is committed in

vindication to it6. impulse that can produce passion and obfuscation to accused and can diminish

his will powerNo mitigating circumstances:

1. spirit of lawlessness2. spirit of revenge

Requisites:1. act unlawful and sufficient to produce such condition of mind2. said act not far removed from commission of crime

7. voluntary surrender to persons in authority and his agents prior to issuance of warrant of arrest and voluntary confession to court before arraignment

Requisites of voluntary surrender1. offender not actually arrested2. offender surrendered to a person in authority or his agents3. surrender was voluntary

When surrender voluntary1. when he acknowledges his guilt2. because he wishes to save them the trouble and expenses necessarily incurred

in his search and capture

surrender must be spontaneous

Requisites of plea of guilty1. spontaneously confessed his guilt2. confession of guilt was made in open court before trial3. confession made prior to presentation of evidence

8. deaf and dumb, blind (both eyes) and with other physical defect9. injury/sickness that can diminish will power of person but cannot affect

consciousness to his acts10. other acts similar to the ones stated above.

Mitigating circumstances personal to the offenders1. from the moral attributes of the offender2. from his private relations with the offended party3. from any personal cause shall only serve to mitigate the liability of the principals,

accomplices and accessories as to whom such circumstances are attendant

Article 14 Aggravating Circumstances- attendant in crime, serve to increase penalty without exceeding maximum penalty provided by law for the offenseBasis

1. motivating power itself2. place of commission3. means and way employed4. time 5. personal circumstances of the offender, or of the offended party

4 kinds of aggravating circumstances1. generic- generally apply to all crimesExample: dwelling nighttime and recidivism2. specific- particular crimesExample: ignominy in crimes of chastity, cruelty and treachery in crimes against persons3. qualifying-change nature of crimeExample: treachery in murder4.inherent- must of necessity accompany commission of crimeExample: evident premidation in robbery, theft, estafa, concubinage and adultery

Qualifying GenericChange nature of offense and penalty Maximum period penaltyCannot be offset by a mitigating Can be offsetShould be alleged Should be alleged

1. abuse of authority- advantage be taken by the offender of his public position

2. insult of public authorityRequisitesa. public authority is engaged in the exercise of his functionsb. he who is engaged in the exercise of said functions is not the person

against whom crime is committedc. offender knows him to be a public authorityd. his presence has not prevented the offender from committing criminal act3. Act committed insult or disregard on account of offended party’s:

a. rankb. agec. sex

and said be committed in dwelling of offended party if latter not given provocation-sufficient and immediate

not applicable in passion and obfuscation and relationship between offended party and offenderdisregard of sex absorbed in treachery

dwelling- building or structure exclusively for rest and comfort

abuse of confidence and violation of sanctity of home

Not aggravating in:

1. offender and offended party occupants of same house2. robbery is committed by use of force upon things3. crimes of trespass4. owner gave sufficient and immediate provocation5. when dwelling where crime was committed and not belong to offended party6. rape committed on ground floor of 2-storey bldg where lower structure rental

store7. husband killed estranged wife in their house

Dwelling not included in treachery

4. abuse of confidence and obvious ungratefulness

Requisites of abuse of confidencea. offended party had trusted offenderb. offender abused trustc. abuse facilitated commission of crime

5. Crime committed:1. palace of Chief Executive2. in his presence3. public authorities engaged in discharge of duties4. religious worship

6. Crime committed: nighttime, uninhabited place and by band

Aggravating when;1. facilitated commission of crime2. especially sought for by offender to insure commission of crime or for purpose of

impunity3. offender took advantage thereof for purpose of impunity

uninhabited place- no houses at all- considerable distance from town- houses scattered at great distance from each other

By band not inherent in crime against chastityAbsorbed in aggravating circumstance-abuse of superior strength and use of firearmsAggravating in robbery with homicide

7. Crime committed on occasion of:a. conflagrationb. shipwreckc. earthquaked. epidemice. calamityf. misfortune

8. Crime committed with aid of armed men/women, person who insure or afford impunity

9. accused is a recidivistRequisites:

a. offender on trial for an offenseb. previously convicted by final judgment of another crimec. first and second offenses are embraced by same title of the

coded. offender is convicted of the new offense

Recidivism present even if lapse of time between 2 felonies is more than 10 years

Pardon does not obliterate the fact that the accused was a recidivist; but amnesty extinguishes the penalty and its effects

Judgment final when:1. expiration 15 day appeal2. waive in writing appeal3. has already served sentence4. applies for probation

10. accused on trial for an offense, previously served sentence, attaches lighter penalty for new offense and convicted for new offense

Recidivism ReiteracionFinal judgment Serve sentenceSame title Not embrace same title of codeTo be taken into consideration in fixing penalty to be imposed upon the accused

Not always aggravating

Four forms of repetition1. recidivism2. reiteracion/habituality3. multi-recidivism or habitual delinquency= within 10 years from release or last

conviction of crimes found guilty of said crimes (serious/less serious injuries, robbery, theft, estafa or falsification)a 3rd time or oftener

4. quasi-recidivism- convicted by final judgment before/while serve sentence punish by max.

11. Crime committed in consideration of price, reward or promise12. Crime committed by means of inundation, fire, poison, explosion,

stranding of a vessel, intentional damage, derailment of locomotive, use of artifice involving great waste and ruin.

- always qualifying, generic if there is relationship but punishment at max

13. evident premeditation- planning; always qualifyingRequisitesa. time when offender determined to commit crimeb. act manifestly indicating culprit clung to his determinationc. sufficient lapse of time between determination and execution to allow him

to reflect of his consequences and conscience

14. Craft (intellectual trick), fraud (insidious words) and disguise (concealment of face)

15. advantage be taken of superior strength and means employed weakens defense

16. act committed with treacheryRequisitesa. victim not in position to defend self at time of attackb. offender consciously adopted particular means, method of form of attack

employed by him

17. Ignominy- moral order, adds disgrace and obliquy to material injury caused by crime

Applicable to crimes against:1. chastity2. less serious physical injuries3. light or grave coercion4. murder

18. Crime committed after unlawful entry- to effect entrance19. wall, roof, window, door, floor broken- to effect entrance20. crime committed with aid of persons under 15 y.o. and by means of motor

vehicles21. crueltyRequisitesa. injury caused deliberately increased by causing other wrongb. other wrong necessary for execution of purpose of offender

Article 15 Alternative circumstances

Relationship (spouse, ascendants, descendants, legitimate, natural and adopted brothers and sisters and affinity of same degrees, stepfather, stepmother, stepson and stepdaughter)Mitigating in crimes against propertyAggravating crimes against chastiy

IntoxicationMitigating- not habitual and no intentionAggravating-habitual and with intention

Degree of instruction and schooling (not finish grade 1)Mitigating- if lowAggravating- if high

In crimes like theft and rape, always aggravating

Article 16 Criminally liable in:Grave/Less Grave

1. Principal2. Accomplices3. Accessories

Light Felonies1. Principal2. Accomplices

Article 17 Principal1. direct participation- personally executes crime

2 or more offenders by direct participation requisitesa. participated in the criminal resolutionb. carried out plan and personally took part in execution of crime w/c directly tended to the same end

Proof of conspiracya. direct evidenceb. acted in concert

unity of purpose and intentiona. spontaneous agreement at moment of commission of crime is sufficient to create

joint responsibilityb. active cooperation by all the offendersc. contributing by positive acts to the realization of a common criminal intentd. presence and lending moral supporte. know plan and accepted role

act of one act of all in conspiracy

2. inducement

2 kinds a. direct force

1. irresistible force2. uncontrollable fear

b. direct inducement1. giving price, offering reward or promise2. words of command

Requisites1. inducement be made directly with intention of procuring commission of

crime2. such inducement determining cause of commission of crime by material

executor

Requisites in commanda. one uttering words of command must have intention of procuring

commission of crimeb. one who made command must have ascendancy or influence over

person who actedc. words used must be direct, efficacious and powerfuld. words of command uttered prior to crimee. material executor not personal reason to commit it

Principal by inducement Offender who made proposalInducement to commit crime Inducement to commit crimeCriminally liable only if committed by principal by direct participation

Mere proposal in treason or rebellion constitutes criminal liability

Inducement involves any crime Treason and rebellion only

Effects of acquittal of principal by direct participation upon liability of principal by inducement

a. conspiracy negatived by acquittal of co-defendantb. one cannot be held guilty of instigated crime w/o first shown crime

actually committed

3. indispensable cooperationRequisites

a. participation in criminal resolution- anterior conspiracy or unity of criminal purpose and intention immediately before commission of crime charged

b. cooperation by performing another act, w/o which it would not been accomplished.

Article 18 Accomplices- persons other than in Article 17- cooperated in execution of offense- previous or simultaneous acts

Quasi-collective criminal responsibility-principals and accomplicesOne degree lower penaltyNo principal by direct participation, no accompliceNo conspiracy between the twoPrincipal by direct participation originates criminal design, accomplice merely concur

2 ways in knowing criminal design1. told by principal2. He saw crime and concur

When there is doubt whether principal or accomplice, always assume accomplice

Conspirator AccompliceKnow and agree criminal design Know and agree criminal designPart of decision making No part in decision makingDecide to commit Concur to commitAuthor Instruments/ mere supplies material and

moral support to principal

Requisites of accomplice1. community of design2. cooperates in execution of offense by previous or simultaneous acts3. relation between acts of principal and accomplice

Direct participation AccompliceIndispensable to crime Not indispensableDirect part Indirect partConspiracy No conspiracy

Article 19 Accessories-have knowledge of commission of crime-not participate but take part

1. by profiting themselves or assisting offender to profit by effects of crime2. concealing or destroying body of crime3. harboring, concealing or assisting effect of principal

2 classes of accessoriesa. public officerRequisites1. public officer2. harbor, conceals or assists escape of principal3. public officer acts with abuse of his public functions4. crime committed by principal is any crime but not light felony

b. private individualRequisites

1. private person2. harbors, conceals or assists in escape of author of crime3. treason, parricide, murder, attempt to president’s life, habitual criminal/habitually

guilty of some other crime

mayor who refused to prosecute offender is accessoryone who kept silent with regard to crime not an accessoryaccessory liability is subordinate and subsequent

Accessory Principal & AccompliceNot take direct part, cooperate, induce Direct partNot cooperate in commission of offense Cooperate After commission of crime Before and during commission of crime

Article 20 Accessories exempt from criminal liability1. spouse2. ascendant3. descendant4. legitimate, natural or adopted brother, sister or relative by affinity with same

degree