CRIMINAL LAW BOOK 1 HISTORY OF THE RPC- The Alleged Code of Calantiao of

1433
CRIMINAL LAW- branch of public law which defines crimes
• The old Penal Code which took effect until December
treats of their nature and provides for their punishment.
31, 1931.
FELONY(RPC) OFFENSE (Special Laws) INFRACTIONS (city • Administrative Order 94 of the DOJ dated October 18,
ordinances) 1927
CRIME- an act committed or omitted in violation of a law • Anacleto Diaz, Quintin Paredes, Guilermo Guevarra,
forbidding or commanding it and for which a punishment is Alex Reyes and Mariano De Joya
imposed upon conviction. • Revised Penal Code (ACT 3815)
• RPC approved December 8, 1930
Delict – a misdemeanor, an offense, or simply CRIME. • RPC took effect January 1, 1932
Quasi delict – the fault or negligence. Also known as CULPA THEORIES IN CRIMINAL LAW
AQUILIANA Classical (Juristic) Theory- the basis of criminal liability is
SOURCES OF CRIMINAL LAW- RPC (act 3815), Special human free will and the purpose of penalty is retribution.
Laws - Man is a moral creature with an absolute free will to
PD, and Ordinances choose between good and evil.
- Here more stress is placed upon the result of the
COMMON LAW CRIMES- the body of principles, usages and crime than the criminal.
rules of actions which do not result from the express act of the - There is scant regard for the human element
legislature. Positivist (Realistic) Theory- Man is subdued occasionally by
NULLUM CRIMEN NULLA POENA SINE LEGE- there is no a strange and morbid phenomenon which constrain him to do
crime if there is no law punishing it. wrong.
- Crime is a social and natural phenomenon;
CHARACTERISTICS OF CRIMINAL LAW
Crime cannot be treated therefore by the application of
General- criminal law is binding on all persons who live or abstract principles of law or by the imposition of
sojourn in the Philippines, regardless of age, sex or nationality. punishment.
Territorial- criminal laws are applicable only if the crime is - The purpose of penalty is reformation of accused.
committed within Philippine territory. - Offender is regarded as a sick person who needs
treatment.
Prospective- criminal law cannot make an act punishable in a
English Rule- the crime is punishable in the Philippines,
manner in which it was not punishable when committed
unless the crime merely affects things within the vessel.
EXCEPTIONS TO THE GENERAL CHARACTERISTICS
French Rule- the crime is not triable in the courts of that
As provided by treaty stipulations- RP-US VFA Agreements country (Philippines), unless their commission has effects on
As provided by laws of preferential applications- RA 75 grants the safety of the coastal state.
protection to diplomatic representatives, ambassador or other
Ex Post Facto Law is a law that makes criminal an act done
public ministers of foreign countries
before the passage of the law
Persons who are exempt because of certain principles of
international laws: Sovereigns and other heads of states. A bill of attainder is a law which inflicts punishment without
EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS trial.
When the offender shall commit an offense on a Philippine ship Article 1. Time when Act takes effect- JANUARY 1, 1932.
or airship. Article 367. RPC approved on December 8, 1930.
When the offender should forge or counterfeit any coin or
currency note. FELONY- An act or omission
When the offender should commit an offense against the - Act or omission punishable by the RPC
national securities and the laws of nations. Act is performed or omission is incurred by means of dolo
PROSPECTIVE CHARACTERISTICS- Also known as or culpa.
prospectivity. It means the law (as a general rule) does not Act- is any bodily movement tending to produce some effects
have retroactive effect. in the external world.
EXCEPTION TO THE PROSPECTIVE CHARACTER: Omission- inaction, the failure to perform an act one is bound
When the new law is favorable to the accused. to do.

EXCEPTION TO THE EXCEPTION Imprudence involves lack of skill. Negligence involves lack of
foresight
When the offender is a habitual criminal. Imprudence involves a deficiency of action. Negligence
When the new law expressly provides it has no application or indicates a deficiency of perception.
retroactive effect to pending actions/cases. Failure to make precaution is imprudence. Failure to use
CONSTRUCTION OF PENAL LAWS- Penal laws are strictly diligence is negligence.
construed against the state and liberally in favor of the accused REQUISITES OF DOLO OR MALICE (INTENTIONAL
If there is a conflict between the Spanish text and the English FELONIES)
text, the Spanish text prevails. -- Freedom of action, Intelligence, Intent
MEN’S REA – criminal Intent, The gravamen of a certain crime
PRO REO DOCTRINE- When there is doubt about the REQUISITES OF FAULT OR CULPA (CULPABLE
meaning or application or interpretation of a penal law and the FELONIES)
doubt admits of two interpretations.
 - Freedom of action, Intelligence, imprudent or 2. He does not perform all the acts of execution
negligent 3. He is not stopped by his own spontaneous desistance
REQUISITES OF MISTAKE OF FACT 4. The non performance of the all acts of execution was due to
The act would have been lawful had the facts been as the cause or accident other than his own spontaneous desistance.
accused believed them to be. OVERT ACT- It is some physical activity or deed more than a
The intention of the accused in performing the act should be mere planning or preparation, which if carried out to its
lawful. complete termination following its natural course.
That the mistake must be without fault or carelessness on the INDETERMINATE OFFENSE- It is one where the purpose of
part of the accused the offender in performing an act is not certain.
Ignorantia legis non excusat- IGNORANCE OF THE LAW Formal crimes- are crimes consummated in one instant.
EXCUSES NO ONE FROM COMPLIANCE THE There is only one stage and that is consummated stage.
COMPLIANCE THEREWITH. Material crimes have three stages of execution, attempted,
IGNORANTIA FACTI EXCUSAT- IGNORANCE OF FACTS frustrated and consummated.
EXCUSES Light felonies are those infractions of law for the commission
Actus non facit reum nisi mens sit rea- The act itself does of which a penalty of arrest menor or a fine not exceeding 200
not make a man guilty unless his intention was so. pesos or both; is provided.
Conspiracy exists when two or more persons come to an
Actus me invito factus nonest meus actus- An act done by
agreement concerning the commission of a felony and decide
me against my will is not my act.
to commit it.
CRIMES MALA IN SE- Those which are so serious in effects Proposal when the person who has decided to commit a
to the so society so as to call for their unanimous felony proposes its execution to some other person or persons.
condemnation. Cases where mere conspiracy is already punishable:
CRIMES MALA PROHIBITA- These are violations of mere 1. Conspiracy to commit treason (Art.115);
rules of convenience designed to secure a more orderly affairs 2. Conspiracy to commit rebellion or insurrection (Art. 136);
of the society. 3. Conspiracy to commit sedition (Art. 141);
Motive- the moving power which impels one to action for a 4. Conspiracy in restraint of trade or commerce (Art. 186)
definite result. 5. Conspiracy to commit terrorism under RA 9372
Intent is the purpose to use a particular manes to effect such 6. Conspiracy to commit arson under PD 1613.
result. Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are
Error in personae- mistake in identity of victim.
afflictive, in accordance with Art. 25 of this Code.
Aberratio Ictus- mistake in blow. Less grave felonies are those which the law punishes with
Praeter Intentionem- result done is greater than that originally penalties which in their maximum period are correctional, in
intended. accordance with the above-mentioned Art..
El que es causa de la causa es causa del mal causado. Light felonies are those infractions of law for the commission
Meaning: He who is the cause of the cause is the cause of of which a penalty of arrest menor or a fine not exceeding 200
the evil caused. pesos or both; is provided.
Proximate cause- is that cause which in the ordinary and 1. Capital Punishment: Death
continuous sequence, unbroken by any efficient intervening 2. Afflictive Penalties Reclusion perpetua- 20 yrs.+1 day to
cause produces the injury. 40 yrs.
Efficient intervening cause- are those that break the relation Reclusion temporal- 12 yrs.+1 day-20 yrs
of cause and effect. Perpetual or temporary absolute disqualification-6 yrs.+1 day
IMPOSSIBLE CRIMES- those crimes which would have been to 12 yrs. Perpetual or temporary special disqualification- 6 yrs.
committed against person or property were it not for the +1 day to 12 yrs. Prision Mayor-6 yrs. + 1 day to 12 years
inherent impossibility of its accomplishment or on account of 3. Correctional penalties- Prision correctional- 6 mos.+ 1 day
the employment of inadequate or ineffectual means. The to 6 yrs. Arresto mayor-1 month + 1 day to 6 mos. Suspension-
penalty for impossible crime is arresto mayor or fine of P200- 6 mos+1 day to 6 yrs. Destierro- 6 mos. +1 day to 6 years
500 (Article 59). 4. Light penalties- Arresto menor- 1 day to 30 days
Public censure
3 STAGES OF EXECUTION OF FELONIES
CONSUMATED when all the elements necessary for its
Special Law- a law which defines and punishes act not found
execution and accomplishment are present
in the RPC.
FRUSTRATED when the offender performs all the acts of
JUSTIFYING CIRCUMSTANCES- Those where the act of a
execution which would produce the felony as a consequence
person is said to be in accordance with the law, so that he in
but which, nevertheless, do not produce it by reason of causes
the eyes of the law is considered not to have violated the law.
independent of the will of the perpetrator.
SELF DEFENSE- Unlawful aggression.
ATTEMPT (ED) when the offender commences the
Reasonable necessity of the means employed to prevent or
commission of a felony directly or over acts, and does not
repel it.
perform all the acts of execution which should produce the
Lack of sufficient provocation on the part of the person
felony by reason of some cause or accident other than this own
defending himself.
spontaneous desistance.
DEFENSE OF RELATIVES- defense of the person or rights of
ATTEMPTED FELONY REQUISITES
his spouse, ascendants, descendants, or legitimate, natural or
1. Offender commences the commission of a felony directly by
adopted brothers or sisters.
overt acts
REQUISITES: In case the Provocation was given by the
person attacked, that the one making defense had no part
therein.
DEFENSE OF STRANGERS- defense of the person or rights
of a stranger
REQUISITES: The person defending be not induced by
revenge, resentment, or other evil motive.
AVOIDANCE OF GREATER EVIL/STATE OF NECESSITY-
Any person who, in order to avoid an evil or injury, does not act
which causes damage to another
First: That the evil sought to be avoided actually exists;
Second: That the injury feared be greater than that done to
avoid it;
Third: That there be no other practical and less harmful means
of preventing it.
REQUISITES OF AVOIDANCE OF GREATER EVIL
1. That the evil sought to be avoided actually exists;
2. That the injury feared be greater than that done to avoid it;
3. That there be no other practical and less harmful means of
preventing it.
FULFILLMENT OF DUTY- Any person who acts in the
fulfillment of a duty or in the lawful exercise of a right or office.
REQUISITES: The accused acted in the performance of duty
or in the lawful exercise of a right or office.
2. The injury caused is the consequence of the due
performance] of duty or the lawful exercise of such right or
office.
OBEDIENCE TO AN ORDER OF A SUPERIOR- Any person
who acts in obedience to an order issued by a superior for
some lawful purpose.
REQUISITES: A lawful order has been issued by a superior;
2. The means used by the accused subordinate to carry out
said order is lawful
Unlawful aggression is assault or at least threatened assault
of an immediate and imminent kind.
RETREAT TO THE WALL- An ancient common law rule in
homicide which made it the duty of a person assailed to retreat
as far as he can before he is justified in meeting force with
force.
STAND GROUND WHEN IN THE RIGHT- A rule which states
that where the accused is where he has the right to be, the law
does not require him to retreat when his assailant is advancing
upon him with a deadly weapon. Followed in the Philippines.
Provocation- any unjust or improper conduct on the part of the
offended party capable of inciting or irritating any one.
Battered Wife- a woman who is repeatedly subjected to any
forceful physical or psychological behavior by a man in order to
do something he wants her to do without concern for her rights.