Criminal Law Notes (Article 1-10)

there is no law making the act a crime, there is no crime.

Q: What is Criminal Law? You will not be penalized.
- Criminal law is a branch of law which defines crimes,
treats of their nature, and provides for their - The government, in line with its police power, has the
punishment. power to enact laws defining certain acts to be a crime
through the legislative branch of the government. From
Q: What are the theories in criminal law? time to time the legislative branch of government will
1. Classical Theory- the basis of criminal liability is human enact laws defining certain acts or omissions as crimes.
free will and the purpose of the penalty is retribution. It This is in line with the police power of a state.
endeavors to establish a mechanical and direct proportion
between crime and penalty and there is scant regard to the Limitations to the power of the state to enact laws:
man, or the criminal/accused himself. 1. No ex post facto law or bill of attainder shall be
enacted. (Article III, Sec 22, 1987 Constitution)
The RPC is generally governed by this theory.
- What do you mean by ex post facto law?
2. Positivist Theory- the basis of criminal liability is the sum of  An ex post facto law is one which:
the social, natural and economic phenomena to which the a. Makes criminal an act done before the
actor is exposed. The purposes of penalty are prevention passage of the law and which was
and correction. innocent when done, and punishes such
Based on this theory, man is subdued occasionally by a act;
strange and morbid phenomenon which constrains him to b. Aggravates a crime, or makes it greater
do wrong, in spite of or contrary to his own volition. This is than it was when committed;
exemplified in the provisions regarding Impossible crimes c. Changes the punishment and inflicts a
and habitual delinquency. greater punishment than the law
annexed to the crime when committed;
3. Eclectic or mixed theory- a combination of positivist and d. Alters the legal rules of evidence, and
classical wherein crimes that are economic and social in authorizes conviction upon less or different
nature should be dealt in a positive manner, thus, the law is testimony than the law required at the time
more compassionate. Ideally, the classical theory is applied of the commission of the offense;
to heinous crimes, whereas, the positivist is made to work e. Assumes to regulate civil rights and
on social and economic crimes. remedies only, in effect which imposes
penalty or deprivation of a right for
4. Utilitarian or protective theory- the primary purpose of the something which when done was lawful; and
punishment is the protection of society from actual and f. Deprives a person accused of a crime
potential wrongdoers. Consistent with this theory is the some lawful protection to which he has
mala prohibita principle which punishes an offense become entitled, such as the protection of a
regardless of malice or criminal intent. former conviction or acquittal or
proclamation of amnesty.
What do you mean by crime?
- A crime refers to an act committed or omitted in  For example, the crime of rape is
violation of a public law forbidding or commanding punishable by reclusion perpetua. For
it. instance, a man committed the crime of
rape on May 29, 2013. Suppose later on,
What are the sources of penal laws? the congress passes a law reviving the
1. Revised Penal Code (Act No. 3815) and its death penalty effective on January 1,
amendments 2017, will the accused be given death
2. Special Penal Laws passed by the Philippine penalty?
Commission, Philippine Assembly, Legislature,  NO.
National Assembly, the Congress of the Philippines,  Suppose the law says that those who
and the Batas Pambansa previously committed rape crimes
3. Penal Presidential Decrees issued during Martial should also be subjected to death
Law penalty, is it allowed?
 NO because that law would be
Note: Court decisions are not sources of criminal law because they merely considered an ex post facto law.
explain the meaning of, and apply, the law as enacted by the legislative
 Another, the amount of evidence to
branch of the government.
convict a person of a crime is proof
Is there a common law crime in the Philippines? beyond reasonable doubt. Suppose the
- No. the rule is if there is no law penalizing an act, amount of evidence would be reduced to
there is no crime. Even how morally wrong it is, but if preponderance of evidence, is it allowed
to be given retroactive effect?
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 Criminal Law Notes (Article 1-10)
 No because that would be  The right to be informed of the nature and
considered an ex post facto law. cause of the accusation against him.

Note: A penal law must have a prospective effect. As a rule, it Q: What are the basic maxims in criminal law?
cannot be given a retroactive effect. But if the congress would
pass a law penalizing an act although that act when committed 1. Nullum crimen, nulla poena sine lege- there is no crime
was not yet a crime, then it is an ex post facto law. whene there is no law punishing the same. No matter how
wrongful, evil or bad the act is, if there is no law defining the
Now, what is bill of attainder? act, the same is not comsidered a crime.
a. That is a law which inflicts penalty without a judicial
trial. 2. Actus non facit reum, nisi mens sit rea- the act cannot be
b. It is only the court which will give a verdict whether the criminal where the mind is not criminal. This is true to a felony
act constitutes a crime. characterized by dolo, but not a felony resulting from culpa.
c. When the congress passes a law which automatically This maxim is not an absolute one because it is not applied to
declares a person guilty without a judicial trial that culpable felonies, or those that result from negligence.
would be a violation of the constitution. That would be
considered a bill of attainder. It would violate the due 3. Doctrine of Pro reo- whenever a penal law is to be construed
process of law. or applied and the law admits of two interpretations, one
lenient to the offender and one strict to the offender, that
interpretation which is lenient or favorable to the offender will
2. No person shall be held to answer for a criminal
be adopted.
offense without due process of law. (Art. III,
Rule: Penal laws are liberally construed in favor of the offender
Section 14[1])
and strictly against the State.
This limitation requires that criminal laws must be of general 4. Actus me invito factus non est meus actus- an act done by me
application and must clearly define the acts and omissions punished against my will is not my act. Whenever a person is under a
as crimes. compulsion of an irresistible force or uncontrollable fear to do
an act against his will, in which that act produces a crime or
What is due process? offense, such person is exempted in any criminal liability
It‘s the law which hears before it condemns and renders arising from the said act. This is because the person is reduced
judgment only after trial. to a mere instrument. (e.g. Art. 12, paragraph 5 and 6 of the
RPC)
Likewise, due process of law simply means that before a man can
be deprived of his life, liberty or property, he must be given an
opportunity to defend himself. (Cornejo vs. Gabriel) Note: Doctrine of Equipoise
- In convicting an accused, the prosecution must
The accused has certain rights. be able to present proof beyond reasonable
1. Constitutional rights doubt.
- Rights embodied in our Constitution, Art. III, Bill - Where the evidence of the parties is of equal
of Rights. weight and the prosecution is not able to present
evidence of proof beyond reasonable doubt. The
2. Statutory rights accused must be acquitted.
- These are the rights granted by the Rules of Court.
Rule 115 provides for the rights of the accused.
- Some statutory rights are also constitutional Characteristics of our penal laws:
rights. For instance, the right to speedy trial is 1. Generality or General
contained in the Constitution and in the Rues of - GR: Our penal laws are binding against all
persons who live or sojourn in the
Court.
Philippines.
- For example, a Korean who now lives in the
What are the rights of the accused that can be waived?
Philippines stabs another Korean. Can he be
- Those rights that are personal to the accused can
held liable under the Philippine laws?
be waived.
 Yes. He can be held liable under Philippine
- What are these rights personal to the accused?
laws because he is in the Philippines and
 Right to cross-examine. The accused may
he committed the crime in the Philippines.
or may not conduct cross-examination.
 Right to bail. Accused may not post bail.
Supposing that A, a Korean citizen killed B, a
 Right to appeal.
Filipino citizen in the USA. Can he be held liable?
What are the rights of the accused that cannot be waived? A: No, because A is not in the Philippines, and the
- Those rights that affect public policy cannot be crime is committed outside the territorial
waived. jurisdiction of the Philippines.
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 Criminal Law Notes (Article 1-10)
and charged unless there is a treaty in effect exempting them
- What about the military killing another from arrest or suit.
military or soldier? Can he be charged with
murder or homicide? 2. Territoriality or territorial – Criminal laws undertake to punish
 Soldiers or militaries can be charged in crimes committed within Philippine territory.
our civilian courts or under the military - Our law kay murag pareho sa mga bugoy or gang,
court martial. isog lang if naa sa ilang territory. Chus!
 The civilian courts have concurrent
jurisdiction. A case can be filed against G.R. - Our penal laws are only effective within our
them in the civilian courts or in the territory
military court martial provided it is
service connected. So if a soldier As to the scope of the national territory, Article I of the 1987 Philippine
committed a crime which is service Constitution states: The national territory comprises the Philippine
connected, he can be tried in the civilian archipelago, with all the islands and waters embraced therein, and all
court or in the court martial. other territories over which the Philippines has sovereignty or
- EXPEPTION: jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
a) By virtue of treaties or treaty including its territorial sea, the seabed, the subsoil, the insular shelves,
stipulation with another country and other submarine areas. The waters around, between, and
exempting their nationalities from connecting the islands of the archipelago, regardless of their breadth
operation of our penal laws and dimensions, form part of the internal waters of the Philippines.

Example:
If the Philippines has a treaty with another country exempting
their nationalities from operation of our penal laws, that should X is a married man. Ni abroad si X ug agoi nakig-uyab2x ug lain
be respected. didtoa sa Dubai. Can X be charged of concubinage? No, because
Ex, the Military Bases Agreement. Before, if the American our penal laws are only effective within our territory. If he
soldiers commit a crime in the Philippine, we do not have goes out of the territory then our penal laws are no longer
jurisdiction. effective. If he gets married there, it is supposed to be bigamy but
Now, we have the Visiting Forces Agreement. Under the considering that our laws are territorial. He cannot be charged
agreement, they are only allowed to use our military bases. Under here in the Philippines.
the VFA, if the American soldiers commit a crime, they should be
But what if he has a common law spouse there and brings her
tried in the Philippines.
here and continues their relationship because there is a thing
called "forever", can he be charged under the Philippine laws? Of
course, since he already committed the crime within our
b. The law of preferential application
territory.
Example, the congressmen and senators, if they commit a
crime penalized by imprisonment of 6 years or less, they
cannot be arrested while congress is in session. EXCEPTIONS: Stated under Article 2 of the Revised Penal
Code:
1. A person commits a crime while on a Philippine
RA 75 mandates that foreign diplomatic representatives
ship or airship
s u c h a s a m b a s s a d o r s including their domestic servants
cannot be arrested if they commit a crime. The only thing we can - Take note: it must be Philippine registered not
just Philippine owned. It is the registration
do is to declare them as persona non grata "unwelcomed
before the Philippine Bureau of Customs that
visitor". They will then be sent back to their country because
matters.
they are immune from arrest and immune from suit.
- If the vessel is in the high seas, it is considered as
an extension of the Philippines, hence, the
c. Those covered under Public International Law, such
Philippnes has jurisdiction.
as:
- If the vessel is within the territory of another
1. Sovereigns and Heads of State.
country, jurisdiction is generally with the foreign
- If Biden visits and he commits a crime. He
country because penal laws are primarily
cannot be arrested. He is immune from suit. Chiefs of state territorial in application.
such as kings cannot be arrested when they commit a
crime.
Example:
The crew on board an international cruise ship, duly
2. Ambassadors, ministers, ministers registered in the Philippines traversed the Pacific Ocean and then
plenipotentiary, minister residents and charge de affairs they were watching the game between F2 Cargo Movers and
- As a rule, a consul, vice-consul or other Creamline Cool Smashers. They were betting with each other and
commercial representative of foreign nations is not drinking intoxicating drinks. F2 won the game and the losing
immune from suit. They do not possess the status of and party didn‘t pay his end of the bargain, so he was stabbed. Upon
cannot claim the privileges and immunity accorded to reaching the Philippines, he was charged of homicide but the
ambassadors and ministers. Hence, they can be arrested
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 Criminal Law Notes (Article 1-10)
crime was committed while the ship was on its voyage. One of Book Two of this Code.
Can he be charged before the Philippine Courts? Yes, - Against National Security
because of the extra territorial application of the RPC as - Treason, misprision of treason
embodied in Article 2 thereof. - Treason is a war crime
- Only committed during war
Now, what if the ship is Filipino owned but - Even if you are in China and you
unregistered in the Philippines, and then the crime is commit treason you are still under the
committed on board while the vessel is on high seas, aduna ba jurisdiction of the Philippine laws.
jurisdiction ang Philippines sa kaso? No, because as a rule, - Crimes Against the Law of Nations
RPC can only have extraterritorial application if the crime is - Piracy - is a transnational crime
committed in a Philippine ship. - does not have any boundary

Q: What are the two recognized rules on jurisdiction over 3. Prospective

merchant vessels? - Penal laws will always have prospective application
A; The French rule and the English rule. These rules refer to the - A penal law cannot make an act punishable in a manner in
jurisdiction of one country over its merchant vessels situated in which it was not punishable when committed. As provided
another country. These do not apply to war vessels over which a in Article 366, RPC, crimes are punished under the laws in
country always has jurisdiction. force at the time of their commission.

a. French rule- flag of the country of vessel rule, except if it G.R. - Laws cannot be given retroactive effect
affects the peace and security of the territory or endangers because it will be considered as an ex post facto law. A
the safety of the State violation of the constitution.
b. English rule- triable in that country, except if it merely ex. The death penalty was implemented and later on
affects the internal management or things within the vessel: removed. Then it was revived again. It cannot be given
Philippines adheres to this rule retroactive effect for the persons charged of crimes during the
time there was no death penalty because it will be considered
2. Should forge or counterfeit any coin or an ex post facto law.
currency note of the Philippine Islands or
obligations and securities issued by the Exp. When a penal law is more lenient or favorable to
Government of the Philippine Islands the accused. (Art. 22, RPC)
- For persons sentenced for death, upon the removal of
Making Philippine notes in Hong Kong will still be within the the death penalty, their sentences were reduced from death to
jurisdiction of the Philippines because of extra-territorial reclusion perpetua or life imprisonment.
jurisdiction.
Exp. To the Exp - The retroactive effect will not be
3. Should be liable for acts connected with the applied if the accused is a habitual offender. (Art. 22, RPC)
introduction into these islands of the
obligations and securities mentioned in the A person is deemed a habitual offender if within a
presiding number- It is not necessary that you period of ten (10) years from the date of his last release or last
are the one making the fake notes but as long as conviction of the crimes of serious or less serious physical
you are bringing them inside the country you are injuries, robbery, theft, estafa, or falsification, he is found
liable. GUILTY of any said crimes a third time or oftener. (Article 62,
par. 5, RPC)
4. While being public officers or employees,
should commit an offense in the exercise of - When the law expressly provides that the law
their functions; will not apply to pending actions or existing
- There are instances where you are a public causes of action.
officer and you commit a crime abroad.
- ex. Employees of the Philippine
embassy asking for bribes or The Revised Penal Code
falsifying documents. History
Being a public official abroad By virtue of Administrative Order No. 94 of the Department
and using money other than its of Justice, dated October 18, 1927, the Committee, composed of
Anacleto Diaz, as chairman, and Quintin Paredes, Guillermo Guevara,
intended purpose will make you
Alex Reyes and Mariano H. de Joya, as members, was created with the
liable for malversation although
task of revising the old Penal Code. As mere revision, the RPC does
the crime was committed
not embody the latest progress of criminal science, as the results of
abroad.
the application of advanced and radical theories still remain to be
seen.
5. Should commit any of the crimes against national
security and the law of nations, defined in Title The old Penal Code took effect on July 14, 1887 and was in

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 Criminal Law Notes (Article 1-10)
force up to December 31, 1931.

On one hand, the Revised Penal Code (RPC), as enacted Title One
by the Philippine Legislature, was approved on December 8, 1930, FELONIES AND CIRCUMSTANCES
and took effect on January 1, 1932. (Art. 1, RPC). The RPC is WHICH AFFECT CRIMINAL
divided into 2: LIABILITY
Book I - Modes and Circumstances Affecting Chapter One
Criminal Liability
Book II - Crimes and their Penalties FELONIES
Art. 3. Definitions. — Acts and omissions punishable by law
are felonies (delitos).

- Felonies are committed not only be means of deceit

(dolo) but also by means of fault (culpa).

There is deceit when the act is performed with

deliberate intent and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or
lack of skill.

Q: What are felonies?

A: Felonies are acts and omissions punishable by the RPC.

Elements of felonies: The elements of felonies in general are:

1. There must be an act or omission;
2. The act or omission must be punishable by the RPC; and
3. The act is performed or the omission incurred by means
of dolo or culpa.

Q: What is an act in contemplation of criminal law?

A: An act is any bodily movement tending to produce some effect in the
external world, it being unnecessary that the same be actually produced,
as the possibility of its production is sufficient.

It must be an external act which has a direct connection with the felony
intended to be committed.

Ex: A took the watch of B with intent to gain and without the consent of
the latter. The act of taking the watch of B, with intent of gain ,
constitutes the crime of theft.

Q: How about omission?

A: omission means inaction, the failure to perform a positive duty
which one is bound to do. There must be a law requiring the
doing or performance of an act.

- So is there a crime when you are doing nothing?

- EX of crimes when you are doing nothing and yet one is
liable/omission penalized by law
o Anyone who fails to render assistance to any
person whom he finds in an uninhabited place
wounded or in danger of dying, is liable for
abandonment of persons in danger. (Art. 275,
par. 1)
o An officer entrusted with collection of taxes
who voluntarily fails to issue a receipt as
provided by law, is guilty of illegal exaction.
(Art. 213, par. 2b)
o A law enforcer arrested a criminal inflagrante
delicto (caught him in the act of committing a

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 Criminal Law Notes (Article 1-10)
crime). One is mandated, since he is the equivalent to a child who is 6/7 years old) or
arresting officer to file a case against the completely insane person cannot be held liable
arrested person within the period of 12, 24, o Being insane at the commission of the crimeand
36 hours. If one fails to do that, held liable or being an imbecile is not criminally liable due
for arbitrary detention. to the absence of intelligence
- A person is criminally liable for an act or omission in o RA 9344, Juvenile Justice and Welfare Code: a
violation of the RPC. child who is 15 years old or below is exempt
- In order to be held criminally liable, there must be an from criminal liability because the law considers
act or omission committed. that child to be absent of intelligence. He does
not have the capacity to determine what is right
and wrong (rationale of the law).
Felonies are committed not only be means of deceit (dolo) but
also by means of fault (culpa). 3. Intent/Criminal Intent- the purpose to use a particular
- deceit otherwise known as dolo (the latin term), fault means to affect such result. Intent to commit an act with
the latin term is culpa malice being
o in order to be held criminally liable, a person
Distinctions between intentional felony (dolo) and culpable must have criminal intent
felony (culpa): o TN: intent is a mental activity
Dolo Culpa o How would you know once a person wanted to
Act is malicious Not malicious steal or kill? That is presumed.
o A person who kills another person without any
With deliberate intent Injury caused is unintentional
being incident of another act justifiable reason is presumed to have criminal
performed without malice intent. But the presumption is rebuttable. If that
person can present evidence, which would prove
Has intention to cause injury Wrongful act results from
that he does not have any criminal intent, then
imprudence, negligence, lack
he will be acquitted.
of foresight, lack of skill
Mistake of fact- ignorantia facti escusat (ignorance or mistake of fact
Requisites/Elements for dolo or malice: relieves the accused from criminal liability)
1. Freedom- voluntariness on the part of the person to It is a misapprehension of fact on the part of the person who
commit the act or omission caused injury to another. He is not liable due to absence of criminal
intent.
When a person acts without freedom, he is no longer
a human being but a tool, hence, he has no option, he Requisites of mistake of fact:
has no choice. Thus, a person who acts under the a. The act done would have been lawful had the facts been
compulsion of an irresistible force, and a person who as the accused believe them to be;
acts under the impulse of an uncontrollable fear of an
equal or greater injury is exempt from criminal b. Intention of the accused in performing the act should be
liability (Art. 12, par. 5 and 6) lawful; and
c. Mistake must be without fault or carelessness on the
Ex: A is the employer of B and C. One night, while under the influence
part of the accused.
of alcohol, A called B, his driver, and C, his helper. He got his gun
then he ordered both of them to take off their clothes. He then Case in point: US vs Ah Chong (15 Phil 488): Ah chong was afraid of
pointed his gun to the two and told B to have a sexual bad elements. One evening, before going to bed, he locked himself in
intercourse with C. So, C was raped by B. his room by placing a chair against the door. After having gone to
bed, he was awakened by someone trying to open the door. He called
Q; Can B be held liable? out twice “Who is there’, but received no answer. Fearing that the
A: No, since he committed the crime under the compulsion of an intruder was a robber, he leaped from his bed and called out again,
uncontrollable fear. “If you enter the room I will kill you.” But at that precise moment, he
was struck by the chair that had been placed against the door, and
2. Intelligence- means the capacity to know and understand believing that he was being attacked, he seized a kitchen knife and
the consequences of one’s act struck and fatally wounded the intruder who turned out to be his
o in order to be held liable, a person committing roommate. His roommate died.
a crime by means of dolo must have Is he liable? According to the SC, he is not because there was no
intelligence. criminal intent on his part. He was performing a lawful act of self-
o If it is found out that at the time the person defense although there was the so-called mistake of facts.
committed the crime, he does not have
intelligence, there is complete absence of Had the facts been as Ah Chong believed them to be, he would be
intelligence he is not liable. justified in killing the intruder under Art 11, par 1 of the RPC because
o Imbecile(a person who is chronologically a) there is an unlawful aggression on the part of the person killed- Ah
adult but with a mental ability which is Chong was hit by the chair ug ang intruder forced his way into the
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 Criminal Law Notes (Article 1-10)
room of Ah Chong; b) the stabbing/use of the knife is a reasonable person be able to drive? But was there criminal intent on his part
means to prevent or repel such aggression; and c. Ah Chong gave to kill the pedestrian? None but there is negligence or
no provocation at all. imprudence. There was lack of foresight. Not good to tinker with
phone while driving. It is the same with driving while drunk. So
there is negligence or imprudence on the part of the driver thus
There must be no malice or fault or carelessness on the
he is liable. He is liable for a crime through culpa. He could be
part of the accused.
charged and held liable for reckless imprudence resulting in
Ah Chong case: was the accused careful? Yes because he
homicide.
asked,―who are you?‖ But there was no answer.

Another case: People vs Oanis (74 Phil 257): The Chief of police GENERAL CRIMINAL INTENT; SPECIFIC CRIMINAL
and his subordinate were executing a warrant of arrest for a INTENT.
notorious criminal. Bringing the warrant of arrest, they went
to the house were the person subject of the arrest was. Upon Dunay ubang kaso na aside from general criminal intent, the
reaching the house, they saw a person sleeping lying on his prosecution must also be able to prove specific criminal
side, with his back fronting them. Now believing that that intent. Again, SPECIFIC CRIMINAL INTENT.
person was the subject of the arrest and considering that, that
person was a notorious criminal, they immediately fired their Usually, it‘s only the general criminal intent that is required to
gun at him. It so happened that it was not the person they be established- it is actually presumed. But there are some
were looking for. And so they were charged with murder. crimes that require proof of specific criminal intent.
Question, are they liable? Yes.
Example. Attempted homicide or attempted murder. So
- Q: pwede b ani ma consider as Mistake of fact? No kung pananglitan dunggabon ka or pusposan kag baseball
because the requisite of without fault or carelessness bat diri sa ulo unsa may crime nga nacommit? Let‘s say
on the part of the accused is lacking. The accused had wala namatay.
ample time and opportunity to ascertain his indentity
without hazards to themselves, and could effect a - That could be attempted murder or attempted
bloodless arrest if any reasonable effort to that end homicide or
had been made, as the victim was unarmed.
- if the wounds are serious and if it‘s not for the timely
- Now they argue that they can be liable only for medical assistance, ang biktima wala namatay. That
reckless imprudence resulting to homicide. Are they could be frustrated homicide or frustrated murder.
correct? No. Because they had criminal intent. Unsa
man tawn ang sala atong tawhana nga natug ra man. - HOWEVER, in order to convict the accused of such
They could‘ve justified the use of their firearms kung crime- attempted homicide, attempted murder,
nisukol pa to. Kung wala to nisukol, ila ta to frustrated homicide, frustrated murder, the
gipasukol. And bisan pa to nisukol di man justified prosecution must be able to prove the specific
nga imo patyon kay di man necessary na nga patyon. intent of INTENT TO KILL.
So they are liable for Murder.
- Because if the prosecution fails to present evidence
- Why is it that they should be liable for Murder? Because showing intent to kill on the part of the accused, the
there is treachery. There is treachery when the accused cannot be convicted of frustrated homicide
victim doesn't have the opportunity to defend or frustrated murder. Bisag hapit pa na siya
himself. mamatay, nag comatose sa hospital. Kung dili maka
prove ug specific criminal intent, the accused cannot
- Why not reckless imprudence resulting to homicide? be convicted of frustrated homicide or frustrated
Because when treachery is committed, it murder but only of serious or less serious physical
presupposes that they committed the crime with injuries or slight physical injuries, depending upon
criminal intent. Because when a crime is committed the seriousness of the wounds.
by means of culpa, the perpetrator has no any
criminal intent, just negligence or imprudence. - So kanang serious physical injuries, or less serious, or
even slight physical injuries, nagkinahanglan ra na
Requisites for the crime of culpa or fault: siya ug general criminal intent. Pero kung mucharge
1. Freedom na gani ka ug attempted homicide, attempted
2. Intelligence murder, frustrated homicide, frustrated murder
3. Negligence or Imprudence nagkinahanglan na na siya ug specifical criminal
- intent to kill. Kasabot mo?
Ex: a person is driving his car. Then while driving, he received
a message so he read it but he didn‘t notice that it was already So there are some crimes that require proof of specific
the red light so he hit a pedestrian. Is there freedom? Yes there criminal intent otherwise the accused will not be convicted.
is freedom. Is there intelligence? Of course. Would an insane

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 Criminal Law Notes (Article 1-10)
- THEFT. That requires the SPECIFIC CRIMINAL
INTENT TO GAIN. If there is no evidence of
specific intent to gain on the part of the accused,
he cannot be convicted for theft.

8
 Criminal Law Notes (Article 1-10)
they become wrongful
TWO KINDS OF CRIMES Such as murder, rape, only because there is a
Crimes committed by Crimes committed by robbery, theft, homicide, law prohibiting such acts.
dolo culpa etc. ; intent governs The only inquiry: has the
law been violated?
Requires general criminal Good faith is a defense Good faith is not a
intent or in the case of defense because intent
some crimes, proof of is not
specific intent. material
There are crimes that do not require criminal intent. And Most of the crimes here Most crimes here are
what are these crimes? These are the crimes in violation are punishable under the punishable by SPL.
of Special Penal Laws. RPC.
Good faith and lack of Good faith not a defense since
criminal intent are good criminal intent is immaterial
Example 1: violation of PD 1866. (What are these PDs again? defenses in mala in se
Presidential Decrees! Kinsa pay nag enact ani? Marcos!) - Good faith not a
defense in ―technical
During the election ban, si A samtnag ga drive sa iyang ca, malversation‖ People v.
nagdala2x ug pusil duol sa usa ka electoral precinct. Adoi karon, Ysidoro Nov. 14 2012
gitwag man siya sa iyang friend, si B. So nikanaog siya sa iyang
car, gidala2x iyang pusil ug niduol kay B. Toa, nasakpan siya
nagdala2 siya ug pusil ug giconfiscate, so mao to gikasuhan.

Now, niana ka na wala man ko liability kay wala man ko Ngano niingon man ko nga most, ngano wala man ko niingon nga
intention to commit a crime, is your argument tenable? No, ―all‖? Dunay kaso.
criminal intent is immaterial in a crime punishable by
Special Laws. What is required is only the fact that you Case: People vs. Sunico: Kaniadto, kanang members of the Board
committed the act prohibited by law. of Election Inspectors (kana bitaw magbuhat sa list of voters).
Magbuhat na sila mga tulo ka list. Tagaan ra na sila ug usa ka
It may be conceded that defendant did not intend to intimidate any libro nga listahan nya magbuhat sila ug 2 other lists.
elector or to violate the law in any other way, but when he got out of Kopyahon nila tong lista gikan ato gihatag, kay wala pa may
his car and carried his gun inside of the fence surrounding the polling
computer niadto. Just imagine sa isa ka bulk of voters dunay 200
place, he commtted the act complained of, and he committed it
or 300, usahay pa 500 depende sa kadako sa precinct.
willfully. The Election law does not require for its violation that the
offender has the intention to intimidate the voters or to interfere
otherwise with the election. Kato naglista na sila, kapoy na siguro kay to sila. Nay mga
voters nga na-omit so wala sila ka vote. Meaning they were
The election law prohibits and punishes the carrying of a firearm disenfranchised. The teachers were charged with violation of
inside a polling place, and that person did the prohibited act freely the election code. They raised good faith. According to the
and consciously, he head the intent to perpetrate the act. prosecution, a violation of the Election Code is a violation of a
special law. According to the prosecution it is malum
Ang pangutana ra jud diha dili kay do you have criminal intent, prohibitum, therefore good faith is not a defense. Giconvict
kundi did you commit the act prohibited by law. If the answer sila sa trial court.
is yes, then you are liable. It is immaterial whether you have the
intent. Okay do you understand? But on appeal they were acquitted. Matod pa sa CA, although
the law violated is a Special Penal Law, the act of
MALA INSE VS. MALA PROHIBITA disenfranchising a voter is considered mala in se. It is
wrongful by its nature. And because it is wrongful by its
nature then good faith is a defense.

Mala inse Mala prohibita

by their nature they are they are not by their
bad, they are wrongful. nature wrongful, but

9
 Criminal Law Notes (Article 1-10)
Q: What is mens rea? Here, the crime committed is different from what is intended; there
A: mens rea is referred to as the gravamen of the offense. could be 2 crimes, against the victim and the unintended victim.
Ex. In theft, the mens rea is the taking of the property of (Article 48. Complex Crimes)
another with intent to gain. Example: X wanted to kill Y. The bullet went through Y and
hit A who was sitting at the back of Y. Both died. X is liable for both
MOTIVE – is the moving power or force which impels a crimes committed.
person to a desired result or simply a reason for the accused
to commit the crime 2. PRAETER INTENTIONEM – lack of intent to commit so grave
a wrong. Here the injury is on the intended victim but the resulting
Is it necessary for prosecution to present proof of motive? consequence is so grave a wrong than what was intended. To be
GENERAL RULE: Proof of motive or evidence establishing appreciated, there must be a notable disparity between the means
motive is not necessary. employed and the resulting felony. Praeter intentionem is a
Example: mitigating circumstance (Art. 13, par 3, RPC)
Mayor killed his political rival; motive is political Example: X punched Y. Y fell to the concrete and hit his head
Husband killed the paramour of his wife; motive is jealousy or and died. X has no intention to kill Y. X is liable.
love triangle
EXCEPTIONS: Motive is material when: Another: A and B went on a drinking spree. While they were
1. When the act brings about variant crimes drinking, they had some argument so A stabbed B several times. A’s
Example: when teacher is attacked on his way home by a defense is that he had no intention of killing his friend and that he did
student, is the accused automatically liable for direct assault not intend to commit so grave a wrong as that committed. Is preater
the fact that the victim is a teacher? No! It must be proven intentionem properly invoked? No, because praeter intentionem is
that the reason of the attack has connection to the mitigating only if there is a notable disparity between the means
performance of the duties of the teacher, if the attack has employed and the resulting felony. The fact that several wounds were
nothin inflicted on B is hardly compatible with the idea that he did not intend
g to do with the performance of the teacher, then it is not to commit so grave a wrong as that committed.
considered direct assault. So there must be proof of MOTIVE.
2. When the perpetrator is not positively identified due to 3.ERROR IN PERSONAE– The offender meets the object to which the
lack of witnesses felonious act is aimed, however, mistaken in the identity of his victim.
3. To determine whether the killing was intentional or
accidental Example: X wanted to kill Y. X waited for Y in a dark alley. When X
4. When accused claims self-defense saw a person going to his direction, and the figure resembles to
5. The evidence on the commission of the crime is purely that of Y, X immediately fired his gun. However when he
circumstantial approached the body, he found out that it was his father that he
shot. X is liable for parricide.
Motive Intent
It is the moving power which It refers to the use of a Other scenarios:
impels a person to act for a particular means to achieve the 1. Accused was cleaning his licensed firearm. Upon finishing,
definite result desired result accused wanted to test out his gun. Upon searching for a target, a
A crime may be committed It is an ingredient of dolo or cat passed by the walls of his property. He then tried to point the
without motive. It is not malice and thus, an element of gun at the cat. Accused fired the gun with the intention of hitting
element of the crime. deliberate felonies the cat. Unfortunately, the cat jumped and the bullet hit his
Is essential only when the Is essential in intentional neighbor instead on the other side of the wall. Is he liable for
identity of the perpetrator is in felonies unintentional crime of homicide? or reckless imprudence resulting
doubt in homicide?
Take note that article 4 is applicable only for unintentional crime,
Article 4. When is criminal liability incurred? it says different from the crime which intended to commit, so he
- By any person committing a felony must have intention to commit such crime. He was charged with
- Although the wrongful act or the resulting crime homicide, is he liable? he doesn‘t have any criminal intent to kill
done is different from that which he intended to his neighbor! They were friends!
commit Take not that a person committing a felony is liable for the felony
- A person is liable for all the direct, natural and committed even if the felony is different from that which he
logical consequences of his felonious act intended to commit. In this case, the intention to kill the cat is
malicious mischief which is a felony penalized under the RPC.
Circumstances/possible scenarios wherein the resulting c Hence, he could be liable for homicide.
rime is different from what the accused intended: (APE)
1. ABERATIO ICTUS – (mistake in the blow). In aberration Note: To be held criminally liable for the resulting crime/act, the
ictus, the offender intends the injury on one person but the person must be committing a felonious act; he must be
harm fell on the other. There are three persons present when committing a crime in order to be held criminally liable for the
the felony is committed: the offender, the intended victim and RESULTING ACT which is different from the crime he intended to
the actual victim. commit.

10
 Criminal Law Notes (Article 1-10)

2. X decided to commit suicide. He decided to jump over Proximate Cause: refers to a cause, which, in natural and continuous
Macapagal bridge. As he was about to jump, he closed his sequence, unbroken by any efficient intervening cause, produces the
eyes, asking for a sign from God. As he opened his eyes, he injury, and without which the result would not have occurred. Simply,
saw a billboard from Nike (JUST DO IT!), without such adequate and efficient cause as, in the natural order of events,
hesitation, he jumped. Unfortunately, a fisherman who was and under the particular circumstances surrounding the case, which
spearfishing just came above the water and was hit by X would necessarily produce the event.
who jumped. The fisherman was killed and X survived.
Question, is he liable? When there is an ACTIVE FORCE that intervened between the felony
In order for Article 4 to apply, the intended act must be a committed and the resulting injury and that active force is a distinct
felonious act, so, is committing suicide a felonious act? The act or fact absolutely foreign from the act of the accused, the accused
answer is no, he cannot be held liable. However, it could‘ve is not liable.
been different if he saw the fisherman before jumping,
then he could‘ve been liable for reckless imprudence Examples:
resulting to homicide. Ok?
1. Accused boxes the victim. But accidentally
Note: Just look at the INTENDED ACT or the ACT the horse nearby jumped on the victim. Is accused
WHICH HE INTENDED TO COMMIT, if it is a felonious liable?
act, then he is LIABLE under Article 4. A person who - No. The death of the victim can’t be considered as the
committed a felonious act is liable for all the direct, direct natural and logical consequence of the boxing of
natural and logical consequences of his felonious act. the accused. The jumping of the horse is an active
intervening force. The accused could be held liable of
ABERRATIO ICTUS ERROR IN PERSONAE slight physical injuries only but not of the death of the
A person directed the The victim actually victim.
blow at an intended received the blow, but he
victim, but because of was mistaken for another 2. The accused inflicted physical injuries on the
poor aim, that blow who was not at the scene victim. But the victim deliberately immersed his
landed on somebody else. of the crime. body on contaminated water. Infected and so it
The offender, the There are only two became serious. Liable?
intended victim as well as persons present in error - No. The accused can’t be liable for serious injuries
the actual victim are all at in personae- the actual but only of slight physical injuries. Deliberately
the scene of the crime. It but intended victim and immersing the body into contaminated water can be
generally gives rise to a the offender. considered as an active intervening force. The resulting
complex crime. injury is the result of the intentional act of the victim
It generally gives rise to The provisions of Art. 49 himself. (US vs Delos Reyes. GR 13309)
the complex crime. This applies in error in 3. The accused stabbed the victim with a
being so, the penalty for personae, that is, the bamboo stick and the accused was brought to the
the more serious crime is penalty for the lesser hospital but was not confined. 21 days later, the
imposed in the maximum crime will be the one victim was brought again to the hospital. The
period. imposed. next day he died. Accused was charged with
homicide. What is the liability?
To reiterate: (Criminal liability incurred when) - Try to see the decision of the SC. I will not
1. By any person committing a felony and by any person an spoon feed you! (Pp vs Villacorta GR No. 186412
unintended felony provided that the unintended felony is 9/7/11)
the direct, natural and logical (DNL) consequence of the
intended felonious act. 4. If the accused is carrying a knife and chased
Example: the victim. Due to fear, the victim ran away.
Mr. X tried to stab Mr Y. Mr Y was able to When he saw the accused nearing him, he
move away. Mr Y tried to get the knife and jumped into the sea but the victim doesn‘t know
disarm Mr X. In the course of trying to how to swim. Victim died. Liable?
disarm X, Mr. Y incidentally injured Mr. A. - Yes, Legal Basis: Article 4.
Is Mr. Y liable for the injury caused to Mr. A?
- No, because Mr. Y was not committing a 5. If the accused staged a robbery in a jeepney. X
felonious act. Defending oneself is not a out of fear, jumped off the jeepney but she hit
crime. He was performing a lawful act. her head first on the concrete and died. Liable for
ROBBERY ONLY or ROBBERY WITH HOMICIDE?
To be liable, there must be a logical connection. Meaning - Robbery with Homicide! Legal Basis: Check this
there must be a relation between the felonious act and the case (Pp. vs Pahi 77 SCRA 348)also check (Pp vs
resulting crime. In other words the resulting act must be the Valdez 41 Phil 497)
proximate cause of the intended felonious act.

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 Criminal Law Notes (Article 1-10)
Note: Any person who creates in another’s mind an
immediate sense of danger, which causes the latter to do
something resulting in the latter’s injuries, is liable for the  Impossible crime is not really a crime but the RPC imposes a
resulting injuries. penalty because of the person‘s CRIMINAL TENDENCY.

Example: X and Y are crew members of cargo vessel. They had Examples:
a heated argument. X with a big knife in hand threatened to 1. X saw Y (his enemy) sleeping on a bamboo bed.
kill Y. The victim Y, believing himself to be I immediate peril, He stabbed Y. But it so happened that Y died 3 hrs
threw himself into the water. Y died of drowning. Is X liable? ago pa. What crime is committed?
Yes, X is liable for the death of Y. - Impossible crime! Crime would‘ve been murder
had it not been for its legal/ physical impossibility
Q: How is proximate cause negated? to accomplish the crime. You cannot kill a dead
A: Proximate cause is negated when: person.
a. Active force, distinct act, or fact absolutely foreign from
the felonious act of the accused, which serves as a 2. X saw a beautiful lady sleeping on a bamboo bed
sufficient intervening cause; and X raped the lady. But the lady was actually dead
b. Resulting injury or damage is due to the intentional act of 2 hours prior. Crime committed?
the accused. - Impossible crime to commit rape! Why? Rape is a
crime against persons and there was legal/physical
Another instance when a person is criminally liable is: impossibility to accomplish the crime.
2. By any person performing an act which would be an
3. X secretly took away the cellphone of Y. X later
offense against persons or property, were it not for the
discovered that that cellphone was the same phone
inherent impossibility of its accomplishment or on
he lost last week. Crime?
account of the employment of inadequate or ineffectual
- Impossible crime TO COMMIT theft. Take note:
means. (AKA IMPOSSIBLE CRIME)
IMPOSSIBLE CRIME gani, ang apilyedo kay TO
COMMIT (murder, rape, theft) --- Remember, crimes
1. Familiarize yourselves with crimes against Persons or Property ra ni.
against PERSONS and PROPERTY.
 Felonies against persons: parricide, murder, 4. W is tired of H, her husband being a
homicide, infanticide, physical injuries, etc. womanizer/drunkard. Ig sweldo, di mo hatag sa
 Felonies against property: robbery, theft, sweldo, hubog pa! So in the morning, W made coffee
usurpation, swindling, etc. for him. She put poison but later noticed that H was
not affected. What she thought was poison was
Requisites of Impossible Crime: actually white sugar. Matod pas iyang bana,
a. accused is performing an act, and such act would have ―Tam-is man kayo, dear!‖ Crime?
been a crime against PROPERTY AND PERSONS. - Impossible crime to commit Parricide.- here the
b. Act was done with evil intent means was ineffectual.
c. Its accomplishment is inherently impossible or the means
employed inadequate or ineffectual The next day, nanigurado nagyud! W bought
d. the act performed should not be a violation of any Racumin (para sa ilaga). She put it in the coffee, but
provision of the RPC H was still not affected cause she placed a very little
amount.
Note: The offender must BELIEVE that he can consummate the - So here, there was inadequate means as
intended crime. A man stabbing another who he knew was already opposed to the last scene.
dead cannot be held liable for an impossible crime. -
5. A always resented his classmate, B. One day, A
Q: What is the essence of an impossible crime? planned to kill B by mixing poison in his lunch. Not
A: The essence of an impossible crime is the inherent impossibility of knowing where he can get poison, he approached
accomplishing the crime or the inherent impossibility of the means another classmate, C to whom he disclosed his evil
employed to bring about the crime. plan. Because he himself harbored resentment
towards B, C gave A a poison, which A placed on B’s
Q: What is the reason for penalizing impossible crime? food. However, B did not die because, unknown to A
A: To teach the offender a lesson of his criminal perversity. Although and C, the poison was actually a powdered milk. What
objectively, no crime is committed, but subjectively, he is a criminal. crime/s, if any, did A and C commit?
A: A and C are liable for the so-called impossible
Impossible Crime is the only crime which is penalized under
crime, because, wit intent to kill, they tried to poison
Book 1. All other crimes are defined in Book 2.
B, and thus perpetrate murder, a crime against
persons. He was not poisoned due to the employment
 Penalty for Impossible Crime: ARRESTO of ineffectual means.
MAYOR (found in Art 58)
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 Criminal Law Notes (Article 1-10)

Q: Is impossible crime a formal crime? Article 6. Consummated, frustrated, and attempted felonies. -
A: Yes, by its very nature, an impossible crime is a formal Consummated felonies as well as those which are frustrated and
crime. It is either consummated or not consummated at all. attempted, are punishable.
There is therefore no attempted or frustrated impossible
crime. A felony is consummated when all the elements necessary for its
execution and accomplishment are present; and it is frustrated when
Unconsummated Impossible crimes the offender performs all the acts of execution which would produce
felonies the felony as a consequence but which, nevertheless, do not produce
it by reason of causes independent of the will of the perpetrator.
Intent is not Intent is not
accomplished accomplished
There is an attempt when the offender commences the commission of
Intent of the offender Intent of the offender
a felony directly or over acts, and does not perform all the acts of
has the possibility of cannot be
execution which should produce the felony by reason of some cause
accomplishment accomplished
or accident other than this own spontaneous desistance.
Accomplishment is Intent cannot be
prevented by the accomplished In a nutshell:
intervention of because it is
certain cause or inherently impossible Stages of Execution
accident in which the to accomplish or 1. Internal Acts (mere ideas)- not yet punishable
offender had no part because the means 2. External Acts: you are now executing the act which is
employed by the subdivided into two: 1. Preparatory act- Gr; not punishable,
offender is except for an election offense; and 2. Acts of execution which
inadequate or could either be attempted, frustrated or consummated
ineffectual.
Now, in the commission of a crime, there are two (2) stages. These
stages are: (1) Internal Acts; and (2) External Acts.
Article 5. Duty of the court in connection with acts which
should be repressed but which are not covered by the law, Internal Acts
and in cases of excessive penalties. - Whenever a court These are mere ideas in the mind of a person. These are not yet
has knowledge of any act which it may deem proper to punishable. For example, mag huna2x kang mang-rape ka or mag
repress and which is not punishable by law, it shall huna2x kang mangawat ka, or mag huna2x kang mupatay ka. You will
render the proper decision, and shall report to the not be punished because of your evil thoughts.
Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said act External Acts
should be made the subject of legislation. You are now doing acts according to your thoughts. For example, nag
huna2x kang mopatay, maong nang hulam kag pusil, nang hulam kag
In the same way, the court shall submit to the Chief motor.
Executive, through the Department of Justice, such External acts are further divided into two: (1) the Preparatory Acts and
statement as may be deemed proper, without suspending (2) the Acts of Execution.
the execution of the sentence, when a strict enforcement
of the provisions of this Code would result in the Preparatory Acts
imposition of a clearly excessive penalty, taking into
Ordinarily they are not punishable. For example, gusto kang mopatay,
consideration the degree of malice and the injury caused
ngita kag pusil. Palit kag pusil sa Danao. Preparatory acts. Palit kag
by the offense. (self-explanatory)
kutsilyo sa Basak. Preparatory acts. Now, most of the preparatory
acts are not yet punishable. Kun mopalit kag pusil, silutan naba ka
ana? Dili pa. Except kun mag dala2x ka ana during COMELEC gun ban.
ARTICLE 6: Consummated, Frustrated, and Attempted
Pero as a rule, di pa na sya punishable. Another example, gusto kang
Felonies
hiloan nimo imong husband or imong wife. Palit kag hilo. Preparatory
Now, Article 6 tells us another classification of Crimes.
acts kana. That is not yet punishable.
Crimes can be classified ―According to the stage of its
execution.
Acts of Execution
Under Article 6, felonies are classified into three (3)
So, nana kay hilo or nana kay kutsilyo o pusil, then you will now use
according to the stage of execution and these are: (a)
the firearm or the knife to accomplish the crime that you plan.
Attempted Felony
The acts of execution are further divided into three. So mao nana
(b) Frustrated Felony and
syang Attempted, Frustrated and Consummated Stage.
(c) Consummated Felony.
Kanang acts of execution duna nana syay gitawag og ―overt acts‖.

Overt Acts
The overt acts, in order to be punishable, must have connection to the

13
 Criminal Law Notes (Article 1-10)
intended crime. That is what is meant by ―directly by overt
acts‖. Look at the definition of Attempted Felony under
Question: What is the crime committed?
Article 6.
The accused was charged with Attempted Robbery. Is the accused
liable for that crime? Does the overt act of the accused of removing
ATTEMPTED FELONY a portion of the wall already have direct connection to robbery?
Elements:
1. offender commences the commission of a felony directly by Ruling: According to the SC, he is not liable for Robbery but only of
overt acts Attempted Trespass to Dwelling. The act of removing a portion of
2. he does not perform all the acts of execution which should the wall could only be connected to Attempted Trespass to
produce the felony Dwelling, not of Robbery.
3. the offender’s act is not stopped by his own spontaneous That is the importance of the phrase, ―directly by overt acts‖. The
desistance; and overt acts committed must have connection to the intended crime.
4. the non=performance of all acts of execution was due cause
or accident other than his own spontaneous desistance. ―.. And does not perform all the acts of execution which should produce
the felony by reason of some cause or accident other than his own
Note: The commission of a felony is deemed commenced spontaneous desistance‖
directly by overt acts when there are external acts and such
acts have direct connection with the crime intended. Kanang Acts of Execution, pwede na sya mabahin into:
Subjective Phase and Objective Phase.
Case: There was this case, the barangay tanods were
patrolling. Now they chance upon a person removing a Subjective Phase- that portion of execution of the crime starting from the
portion of a wall of a house which is also used as a store. point where the offender begins up to that point where he still has control
Balay sya unya naa puy tindahan. So the barangay tanods saw of his acts.
a person in the act of removing a portion of a wall.
If it reaches the point where he has no more control over his acts, the
subjective phase has passed. It he subjective phase has not yet passed, the
felony would be a mere attempt, but if it already passed, but the felony is
not produced, as a rule, it is frustrated.

Meaning, the execution of the acts is still within the control of the
offender. So, the offender may choose to continue with the crime
or not. So like our first example, kadtong gi remove and portion sa
wall. Tingali ang tuyo ato niya mao gyud ang pag pangawat sa mga
tinda. Pero kun mao to iyang tuyo, he still has the chance to desist.
So, attempted stage.

Example. Gusto nimo patyon ang tawo, imong gi-tiunan og pusil.

Within pana sya sa imong control. Nalooy ka. Within pana sya sa
imong control. Mao na syay gitawag og Subjective Phase. In the
Attempted Stage, the offender was not able to perform all the acts
of execution and the reason why he was not able to perform all the
acts of execution is because of causes other than his own
spontaneous desistance.
So in our example earlier, the reason why the accused was not able
to enter the house is because of the roving barangay tanods and he
was arrested.

Another Example. The accused, with intent to kill the victim, fired
at the victim but the firearm did not fire because it malfunctioned.
So, why is it that he was not able to perform all the acts of
execution? Because the firearm malfunctioned. It is not because of
his desistance.

Another Example. He fired at the victim but he was not able to hit
the victim because of his poor marksmanship. What is the reason
why he was not able to perform all the acts of execution? Because
of his poor marksmanship, not because of his own spontaneous
desistance.

Another Example. Or when he pointed at the victim but he was

14
 Criminal Law Notes (Article 1-10)
not able to hit the victim because the victim ran away in a Phase.
zigzag manner. What is the reason why he was not able to
perform all the acts of execution? Because the victim FRUSTRATED FELONY
because the victim ran away in a zigzag manner and not Elements:
because of his own spontaneous desistance. 1. offender performs all the acts of execution
2. all the acts performed would produce the felony as a
Situation: What about if the accused fired at the victim but consequence;
the victim was not hit. The victim cried and pleaded to spare
his life, ―Sir, ayaw kog patya kay naa koy pamilya. Bata pa 3. felony is not produced; and
raba kaayo akong asawa.‖ Nalooy ang accused. He desisted. 4. by reason of causes independent of the will of the perpetrator.

Question: Is the accused liable for Attempted Homicide? So, if not for the timely medical assistance AND expertise of the
doctor, the accused would have died. Frustrated Stage.
Answer: In order for the accused not to be liable by virtue of
his desistance, it is necessary that the acts that he performed Objective phase- results of the acts of execution, that is, the accomplishment
should not constitute any offense. of the crime.

Example: So pananglitan, on his way to the house of the If the subjective and objective phases are present, there is consummated
victim, he saw the victim sleeping. Giduol niya, uy, nalooy felony.
man siya. So, niuli sa ilaha. Is he liable? NO, because kadtong
CONSUMMATED FELONY
iyang pag duol dili paman to mo constitute og crime.
A crime is consummated when all the elements of the crime are
Pero, kun iya nato syang napusil unya nalooy siya, that can
present.
already be considered as a crime despite his desistance. And
kun napusil gyud to niya, that can be considered as Attempted
Case: The wife is already tired of her husband. Palahubog, sugarol,
Homicide or Attempted Murder.
mamaye, mao tong naka huna2x siyang hiloan iyang bana. Iyang
Kun gi point lang, that is not an Attempted Stage but that is
gihurot ang isa ka sachet sa hilo sa ilaga sa kape sa iyang bana kay
Consummated Crime. Grave Threats. Pero kun iya nang na
gapatimpla man kay hubog. Sos! sa dihang nag bula2x na ang baba
pull ang trigger unya usa sya ni desist, he could be liable for
sa bana, ang asawa doktora man, naka huna2x, naka realize nga
Attempted Homicide.
she could not live without her husband. Mao tong iya dayon gipa
Dunay instances when an overt act could be considered an
inom og usa ka gallon nga honey. Naulian ang bana. The husband
Attempted Stage of a crime pero duna say instances when the
filed a case of Frustrated Parricide against his wife. Was the wife
same act could be considered as another crime, a
able to perform all the acts of execution? Yes. Nagbutang syag hilo.
Consummated Crime.
Nainom na sa bana.
Example. The accused saw a beautiful woman, murag si Kim
Question: Is the wife liable for Frustrated Parricide?
Chui, nga natug. Iyang gi hikap2x ang mga private parts.
Private kay for ―private use only‖ man. Whats the crime
Answer: NO. Why? Because the crime was not accomplished
committed? That‘s Consummated Crime of Acts of
because of her will. She could not be held liable for Frustrated
Lasciviousness.
Parricide. Perhaps, Serious Physical Injuries kay ga suka2x man
ang bana, but that cannot be Frustrated Parricide. In frustrated
What about if after touching the private parts, he undressed
crime, the accused performs all the acts of execution which would
the woman, likewise undressed himself, and placed himself
produce the felony but the crime was not produced because of
on top of the woman. That could no longer be Acts of
some causes independent of the will of the perpetrator.
Lasciviousness, but that is already an Attempted Stage of
In the problem given, the crime was not produced because of the
Rape. Because the overt acts of undressing the woman,
acts performed by the accused.
undressing himself, and placing himself on top of the woman,
Now, in order to determine what stage is the commission of the
these overt acts will constitute the Attempted Stage of the
crime, it is sometimes helpful to know the manner of the
crime of Rape. The intention to rape now is obvious.
commission of the crime, the elements of the crime, as well as the
So, that is just to show you that an overt act may be a
nature of the crime.
Consummated Crime and if you go further, pwede na syang
mahimong Attempted Stage of another crime.
Now there are crimes that have no attempted or frustrated stage.
There are crimes that are consummated at once. These crimes are
Situation: What about if the accused was able to pull the
called formal crimes.
trigger, hit the victim in the head. The victim was rushed to
the hospital and if it were not for the timely medical
There are also crimes which have attempted, frustrated and
assistance AND expertise of the doctor the victim would have
consummated. These are called material crimes.
died. Kanang duha mag uban jud na. Kay kun immediate
medical assistance pero banga ang doctor, patay!
There are even crimes that are attempted and consummated. Some
What is the state of the commission of the crime?
crimes do not have frustrated stage. Example: Theft. It does not
Frustrated. Now, kaning frustrated, naa nani sa Objective
have any frustrated stage, only attempted and consummated.
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 Criminal Law Notes (Article 1-10)
Why? Because in the crime of theft, it is consummated the were shot in the head and the bullet didn‘t
moment the accused takes control over the stolen item. hit your head, there is intent to kill.
Opportunity to dispose of the item is not necessary.  The words uttered. For example, when the
accused pulled the trigger he said ―I will
CASE IN POINT: Ppvs Valenzuela, June 21, 2007 kill you‖, there is intent to kill.
Unlawful taking is deemed complete from the moment the  The number of wounds.
accused takes possession of the thing even if he has no
 What about if prosecution was not able to
opportunity to dispose of the same.
prove intent to kill? And the wounds are
You have to know the manner in committing the crime.
serious?
 The crime committed would be serious
Example of crimes committed at once:
physical injuries only. So intent to kill
 Acts of Lasciviousness
would distinguish between physical
 Libel
injuries and attempted homicide or
 Oral defamation murder.
 Physical injuries
You have also to know the nature of the crime. Example, the Hence, the criteria involved in determining the stage of the commission of
case of arson. The accused is holding with him a rug soaked a felony are: (MEN)
with gasoline and match because he is going to burn the 1. Manner of committing the crime;
building. Before he lights the match, he was arrested. What is 2. Elements of the crime; and
the stage? Attempted stage 3. Nature of the crime itself.
But suppose the accused was able to light the match and the
rug, that would be frustrated although no part of the building
is burned. But if part of the building is burned, that would be Attempted Frustrated Consummated
consummated. It is not necessary that the entire building is
Criminal Criminal Criminal
consumed. It is enough that just a part of it is burned.
purpose was not purpose was not purpose was
Take note that if all elements are present, the crime is
accomplished accomplished accomplished
consummated.
Offender merely Offender has Offender has
In the crime of attempted, frustrated murder, it is necessary
commences the performed all performed all
that the prosecution should prove intent to kill. How do you
commission of the acts of acts of execution
distinguish attempted from frustrated?
the cime execution which which would
- Take note that in order for the accused to be held
directly by overt would produce produce the
liable for attempted or frustrated murder, aside from
acts the felony as a felony as the
intent to kill, the victim must have also sustained
consequence consequence
mortal wounds or the vital organs must have been
hit and had it not been for the timely medical The The The felony was
assistance and expertise of the doctor, the victim intervention of intervention of produced as a
would have died. certain cause or certain cause or consequence of
accident which accident which the act of the
- For example the victim was hit in the head by a
the offender had the offender had offender
bullet which almost hit the brain or the brain was hit.
no part no part
That would be frustrated because he sustained a
prevented the prevented the
mortal wound. The wounds must be fatal.
accomplishment accomplishment
- Suppose the bullet just grazed. He was hit but the
bullet just grazed the head. That would only be Offender has not Offender has Subjective and
attempted homicide or attempted murder because passed the reached the objective phase
he did not suffer mortal wound. subjective phase objective phase are present
- For example, he was stabbed in the stomach and his
intestines were hit and had it not been of timely
medical assistance and expertise of the doctor he What do you mean by light felonies and less grave felonies?
would have died. That would have been frustrated - Crimes could be classified into grave, less grave or light
homicide or frustrated murder. felonies.
- Why is it so? Why frustrated homicide or murder?
 If the attending circumstances that would - When can you say that the felony is grave?
constitute the crime of murder are present
then that would be frustrated murder. If  That would depend on the penalty imposable.
not, then it would be frustrated homicide.  Art.9 in relation to Article 25. Penalties
 How can the prosecution prove intent to  Grave felony –refers to a felony in
kill? which the law attaches the capital
 The weapon used. If the weapon is punishment or afflictive penalties.
a firearm, there is intent to kill. o Afflictive penalties – from
 The location of the wounds. If you prision mayor, reclusion
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 Criminal Law Notes (Article 1-10)
temporal, conspiracy.
- Conspiracy – when 2 or more persons come to an
reclusion perpetua and agreement and decide to commit a crime or a felony.
death. - Conspiracy and proposal have 2 concepts.
 Less grave felony – felony in  First, these are just preparatory acts. Meaning,
which the law imposes the they are not punishable.
penalty in its maximum period is  Second, these are crimes by themselves.
correctional. (arresto mayor and - Conspiracy and proposal can only be considered crimes if
prision correccional) there is specific provision of law penalizing mere
proposal or conspiracy. If none, they are just considered
 Light felony – is an infraction of preparatory acts and they are not punishable.
law for the commission of which
the penalty of arresto menor or  Example: Conspiracy/ Proposal to commit treason
a fine not exceeding Forty rebellion, sedition. They are punishable by the RPC,
thousand pesos (Php40,000.00) Art 115.
or both is provided.  Example: X and Y agreed and decided to kill
A. Are they liable at that point in time?
In relation to Article 26 (Fine)- When afflictive, correctional,  No. mere proposal or conspiracy to commit
or light penalty- (imposed either a single or alternative a crime of murder is not punishable. There
penalty) is no specific provision of law to commit
Afflictive- more than 1.2 M murder.
Correctional- 40k to 1.2M  There‘s also no law punishing mere
Light- less than 40,000.00 proposal/conspiracy to commit the crime
of robbery
Now, Under Art. 7 says the light felonies are only - What is the liability of conspirators?
punishable when they are consummated except those  Conspirators are equally liable regardless of the acts
felonies committed against persons or property. committed. They are equally liable as principals.
 Suppose X and Y agreed and decided to rob OFW.
Note: As a general rule, it is only punishable if consummated They agreed that they will only rob. When they
because it involves insignificant moral and material injuries, ir entered the room, OFW retaliated and hit X in the
not consummated, the wrong done is so slight that a penalty is head. X then stabbed OFW. What is the crime
unnecessary. committed by X and Y? Take note that killing OFW
was not agreed by them. Their agreement was only
However, light felonies are punishable in all stages when to rob
committed against persons or property because it presupposes  Both are liable for robbery with homicide
moral depravity. because conspirators are liable for the crime
that they have agreed upon and for all the
What do you mean by conspiracy and proposal? crimes that are considered the logical,
natural consequence of the crime that they
Article 8. Conspiracy and proposal to commit felony. - Conspiracy have agreed upon.
and proposal to commit felony are punishable only in the cases in  Can murder/homicide considered as
which the law specially provides a penalty therefor. connected to the crime of robbery? Yes.
 What about if X and Y agreed to rob. Their
A conspiracy exists when two or more persons come to an agreement
agreement was only to rob the victim. But when
concerning the commission of a felony and decide to commit it.
they entered the room of OFW, Y was tempted to
There is proposal when the person who has decided to commit a felony rape her. They were charged with robbery with
proposes its execution to some other person or persons. rape. Are all of them liable?
 Take note that rape is not connected to the
Note: Proposal – when a person decided to commit a crime crime of robbery agreed upon by them. It
and proposes its execution to another. would only be Y who could be liable for the
 When you say proposal, it is not crime of robbery with rape.
necessary that the person of whom the - Take note that once the offenders would constitute a band,
commission of the crime was proposed this is an exception to the rule, Art. 296, RPC.
to will agree to commit the crime.  If the offenders would constitute a band 4 or more,
 It occurs the moment the person who they are all liable for the acts committed by a
decided to commit the crime proposes. member of the band even if those acts are not
The mere act of proposing would agreed upon and if the other members did not
constitute proposal. prevent the commission of the act not agreed upon,
 If that person agrees to commit the  Example: W, X, Y, Z agreed to rob but rape is not
crime, then there‘s no proposal but part of their agreement and during the actual
robbery, Z committed rape but W, X, Y were not
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 Criminal Law Notes (Article 1-10)
able to prevent Z from committing such act.
Then they are all liable for the crime of
robbery with rape.
- What is the amount of evidence in order for the
parties to be liable as conspirators? What is the
amount of evidence required to prove conspiracy?
 There should be proof beyond reasonable
doubt in order for all of the accused to be
liable as conspirators. Conspiracy must be
proved just like the crime itself.
 How can it be proven that there is
conspiracy?
 By their collective acts. Conspiracy
is seldom proved by direct
evidence, by presenting direct
witness. It is usually proven by
circumstantial evidence.
 Direct evidence is usually had
when one conspirator presents
himself as state witness.
- Take note that mere presence does not constitute
conspiracy. The conspirator must have performed
act or acts for the accomplishment of the act agreed
upon. But if you served as a lookout, then you are
liable as conspirator. If you were present in the
commission of the crime to give moral support, you
are also a conspirator. This is called implied
conspiracy.
-
 Implied conspiracy – conspiracy that can
only be proven by circumstantial evidence.
It is one which is only inferred from the
manner the participants in the commission
of the crime carried out its execution.
 When the conspiracy is just a basis of
incurring criminal liability, it may be
deduced or inferred from the acts of several
offenders in carrying out the commission of
the crime.
 Legal effects: a. not all those who are
present at the scene of the crime will be
considered conspirators and only those who
participated by criminal acts in the
commission of the crime will be considered
as co-conspirators.

Q; A and B devised a plan to murder C. In a narrow alley near C’s house, A

will hide behind he big lamp post abd shoot C when the latter passes
through on his way to work. B will come from the other end of the alley
and simultaneously shoot C from behind. On the appointed day, B was
apprehended by the authorities before reaching the alley. When A shot C
as planned, he was unaware that B was arrested earlier. What is the
criminal liability of B, if any.

A: B, being one of the persons who devised the plan to murder C, he

becomes a co-principal by direct conspiracy. What is needed only is an
overt act and both wil incur criminal liability. B’s liability as a conspirator
arose from his participation in jointly devising the criminal plan with A, to
kill C and it was pursuant to that plan that A killed C. The conspiracy here
is actual, not by interference only.

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 Criminal Law Notes (Article 1-10)
Distinction between conspiracy and proposal Special Penal Laws, unless the Law uses the terms of penalties under the
Conspiracy Proposal same Code.
Exists when two or more Exists when a person who o The pleading of guilty under special laws does not mitigate the
persons come to an has decided to commit a crime committed, unless the special law applies the penalties of the RPC.
agreement concerning the felony proposes its When the special law uses the nomenclature of the Revised Penal Code, the
commission of a felony and execution to some other provisions of the latter may apply to the special law. (People vs. Simon, July
decide to commit it person/s 29, 1994) (Go-Tan vs. Sps. Tan, September 30, 2008)
Once the proposal is Proposal is true only up to
accepted, a conspiracy the point where the party to References:
arises whom the proposal was 1. RPC Book 1 by Justice Luis B. Reyes
made has not yet accepted 2. UST Golden Notes
the proposal 3. Transcript Notes (Judge D of USJR)
Conspiracy is bilateral, it Proposal is unilateral, one
requires two parties party makes a proposition
to another

Kung sa process sa pagpakasal na, ug kung crimen lamang ang

pagpakasal, kung si A(lalaki) nag propose kay B (bae)- kani na
stage proposal pa, once i-accept n ani B ang nagdecide sila
pakasal na (Conspiracy na kini)…okay?

Article 9 Classification of Felonies

1. Grave Felonies – penalty imposable is
Capital (Death) or Afflictive (Reclusion
Perpetua, Reclusion Temporal, Prision
Mayor)
2. Less Grave Felonies – penalty imposable is
Correctional (Arresto Mayor, Prision
Correctional or Destierro)
3. Light Felonies – penalty imposable is
Arresto Menor or fine not more than 200)

What are Special Penal Laws?

- Those crimes not penalized under the RPC

Are the provisions of the RPC applicable to Special Penal

laws?
 G.R. – The provisions of the RPC are not
applicable to special penal Laws, they are
merely supplemental (Article 10)
o As a rule, in special penal laws,
there are no stages of a crime.
There is no attempted or
frustrated stage. It is

always consummated. A mere attempt to violate the special law is

not punishable. Unless the special penal law provides that an
attempted stage of a crime is punishable.
o Violation of R.A. 9165 (Drugs), there is a provision where
an attempted stage for the sale of drugs is punishable.

• Exc. –The special law specifically provides that the RPC

provision will apply.
o There are some special laws that use/borrow the terms
under the Revised Penal Code such as the penalties imposable.
o Those special laws that borrow the terms of penalties under
the Revised Penal Code may also apply its provisions.
o Example: When using the penalties of the Revised Penal
Code, mitigating and aggravating circumstances will also be applied.
As a rule mitigating circumstances under the RPC do not apply to

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 Criminal Law Notes (Article 1-10)

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