Criminal Law 1 Art. 2. Application of its provisions.

— Except as provided in
PREMID Reviewer the treaties and laws of preferential application, the provisions
of this Code shall be enforced not only within the Philippine
Fiscal Pepita Jane Petralba Archipelago, including its atmosphere, its interior waters and
By: Angel Phyllis P. Prias maritime zone, but also outside of its jurisdiction, against
those who:
1. Should commit an offense while on a Philippine ship or
airship
2. Should forge or counterfeit any coin or currency note of the
Criminal Law Philippine Islands or obligations and securities issued by the
• Branch of Public Law which defines crimes, treats of their Government of the Philippine Islands;
nature, and provides for their punishment. 3. Should be liable for acts connected with the introduction into
these islands of the obligations and securities mentioned in the
presiding number;
4. While being public officers or employees, should commit an
CHARACTERISTICS OF PENAL LAW offense in the exercise of their functions; or
GENERALITY: Criminal law of the 5. Should commit any of the crimes against national security and
country governs all the law of nations, defined in Title One of Book Two of this
persons within the country, Code
regardless of their race,
belief, sex or creed.
TERRITORIALITY: Penal laws of the country
have force and effect NATURES OF CRIME
within its territory (Except: CRIMES acts or omissions which are inherently
SFION, Art 2, RPC) MALA IN evil.
PROSPECTIVITY: Penal laws do not have SE: Generally, crimes mala in se are
retroactive effects unless felonies punished under the RPC, but
the provisions are there are crimes which although
favorable to the accused punished under special laws are also
who is not a habitual mala in se.
offender except when the General Rule: good faith and lack of
law provides against such intent are defenses unless the acts is
retroactive effect culpable.
CRIMES acts which are made evil by a special
MALA penal law prohibiting the same.
RULES OF CONSTRUCTION OF THE RPC PROHIBITA:
1. PROVISIONS ARE CONSTRUED STRICTLY These would not be wrong but for the
AGAINST THE STATE AND ANY DOUBT IS fact that positive law forbids them.
RESOLVED IN FAVOR OF THE ACCUSED.
2. ORIGINAL SPANISH TEXT OF THE LAW General Rule: acts or omission becomes a
PREVAILS OVER ENGLISH TEXT OR crime only by reason of a law punishing it
TRANSLATION.
3. REPEAL MAY BE EXPRESSED OR IMPLIED:
A.) IF REPEAL ABSOLUTE, ACCUSED
ACQUITTED;
B.) REPEALING LAW DOES NOT PUNISH THE
ACT, CASE DISMISSED.
C.) REPEAL IS IMPLIED, THERE MAY BE
CRIMINAL LIABILITY.

Article 1. Time when Act takes effect. — This

Code shall take effect on the first day of
January, nineteen hundred and thirty-two.
 MALA IN SE
1. The basis of criminal
liability is the offender’s
moral trait; hence, good
faith or lack of criminal
intent is a defense.
2. Modifying circumstances
are considered in imposing
the penalty on the offender
precisely because his moral
trait is the basis of their
crime.
3. The degree of
participation determines the
penalty imposable so that it
is computed on the basis
whether he is a principal
offender, or merely an
accomplice.
4. The stage of
accomplishment effects the
penalty; thus, it depends on
whether the crime is
consummated, frustrated or
attempted.
5. Involves moral turpitude.
6. Punishable under the RPC.
MALA PROHIBITA
1. The basis of criminal
liability is the offender’s
voluntariness, hence, good
faith or lack of criminal
intent is not acceptable as a
defense, unless this is an
element of surprise.
2. Modifying circumstances
are not considered because
the law intends to
discourage the commission of
the act prohibited.
3. The degree of
participation of the
offenders does not affect
their liability, hence the
penalty on all of them are
the same whether they are
principals or merely
accomplices or accessory.
4. The crime is committed
only when it is accomplished
or consummated.
Does not involve moral
turpitude.
Covers violations of special
penal laws.
INTERNATIONAL Subject to jurisdictional
JURISDICTION: requirements (e.g. ratification
of relevant treaty),
international court has
jurisdiction.
Crimes against humanity may have universal
jurisdiction.
There can be extraterritoriality if the crime was
committed against the law of nations, it does not matter
where it was started.
Crimes committed outside of the Philippines still has
Philippine jurisdiction to try and the RPC still applies.
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.

SCHOOLS OF PENOLOGY
CLASSICAL OR Basis of criminal responsibility MODES OF CRIME
JURISTIC THEORY: is the existence of the DOLO: Act is performed with deliberate
offender's freewill and the intent. It involves the elements of
penalty for his criminal act is freedom, intelligence and intent.
by way of retribution. (We CULPA: Not only a mode of committing a
penalize wrongdoers so that crime, but it is a crime in itself. It
they can atone their crimes.) requires freedom, intelligence and
POSITIVIST OR Basis of criminal liability is the negligence and imprudence.
REALIST THEORY: sum of social and economic
phenomena to which the actor
was exposed, hence the Felony
penalty is imposed for • acts and ommissions punishable by the Revised Penal
preventive or corrective Code.
purposes. (There is an external
factor.) CLASSIFICATION OF FELONIES
INTENTIONAL Committed by the means of
APPLICATION OF CRIMINAL LAWS FELONIES: dolo or with malice. There is
deliberate and must be
TRANSNATIONAL Crimes committed in one
voluntary.
CRIMES: country but criminal in another
country, the latter has duty to CULPABLE Performed without malice or
extradite. FELONIES: intent to cause evil.
UNIVERSAL Committed elsewhere, domestic
JURISDICTION: court may exercise jurisdiction,
domestic law applies. TYPES OF INTENT
GENERAL Presumed from the
CRIMINAL INTENT commission of a felony by
 dolo. There is crime
committed.
SPECIFIC CRIMINAL Must be proven by direct or
INTENT circumstantial evidence.
HOW TO PROVE INTENT TO KILL?
• The evidence to prove intent to kill may consist in
the means used, the nature, location and number
of wounds sustained, the conduct of the
malefactors before, at the time, or immediately
after the killing, the circumstances under which
the crime was committed and the motives of the
accused.
• If the victim dies as a result of a deliberate act,
intent to kill is already presumed. In attempted
and frustrated stages of
homicide/murder/parricide/infanticide, intent to
kill is an important element that must be alleged
and proven.
Motive Reason or compelling force why the
accused committed the acts
complained of.
Criminal Purpose of the accused for adopting
Intent the means to achieve his objective
Discernment The ability to distinguish between
right and wrong, the capacity to
comprehend the consequence of an
act. It determines criminal liability.
Art. 4. Criminal liability. — Criminal
liability shall be incurred:
1. By any person committing a felony
(delito) although the wrongful act done be
different from that which he intended.
2. By any person performing an act which
would be an offense against persons or
property, were it not for the inherent
impossibility of its accomplishment or an
account of the employment of inadequate
or ineffectual means.
Proximate Cause
• that cause which the natural and continuous sequence,
unbroken by any efficient intervening causes produces the
injury and without which the result could not have occured.
ARTICLE 4, PAR. 1:
REQUISITES:
a) That an intentional felony has been committed.
b) That the wrong done to the aggrieved party be the
direct, natural and logical
HENCE, HE IS STILL LIABLE UNDER THE FOLLOWING
CIRCUMSTANCES:
ERROR IN mistake in identity
PERSONAE
ABERRATION miscarriage of the blow
ICTUS
PRAETER injury caused greater than that intended
INTENTIONEM (may lessen the penalty). There is no
intention to commit so grave of a crime.
MISTAKE OF negatives criminal liability akin to
FACT justifying circumstances under
Art. 11
PROXIMATE (the cause of the cause is the cause of
CAUSE the evil caused) – gives rise to criminal
liability by analogy to article 4(1)
There is no liability for mistake of fact.
REQUISITES FOR MISTAKE OF FACTS:
4. THE ACT DONE WOULD HAVE BEEN
LAWFUL HAD THE ACT BEEN AS THE
ACCUSED BELIEVED THEM TO BE;
5. THE MISTAKE OF FACT WAS NOT DUE TO
NEGLIGENCE, BAD FAITH, OR UNLAWFUL
INTENT OF THE ACCUSED (ACCUSED MUST
HAVE NO OPPORTUNITY TO VERIFY HIS
MISTAKE)
Treachery
• offender employs means so that the victim will not put up
a defense. Crime will become murder.
ARTICLE 4, PAR. 2:
Impossible Crime
• an act which would be an offense against persons or
property were it not for the inherent impossibility of its
accomplishment or on account of the employment of
inadequate or ineffectual means.
 REQUISITES FOR IMPOSSIBLE CRIMES:
1. THE CRIME SHOULD BE AGAINST PERSONS OR
PROPERTY
2. THERE MUST BE NO OTHER CRIME COMMITTED
Art. 5. Duty of the court in connection with acts
which should be repressed but which are not
covered by the law, and in cases of excessive
penalties. — Whenever a court has knowledge of
any act which it may deem proper to repress and
which is not punishable by law, it shall render the
proper decision, and shall report to the Chief
Executive, through the Department of Justice, the
reasons which induce the court to believe that said
act should be made the subject of legislation.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such
statement as may be deemed proper, without
suspending the execution of the sentence, when a
strict enforcement of the provisions of this Code
would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of
malice and the injury caused by the offense.
• The first paragraph contemplates a trial of
criminal case not punishable by law, requiring
the judge to make a report to the Chief
Executive, through the Secretary of Justice,
stating the reasons which induce him to believe
that the said act should be made the subject of
penal legislation.
• The second paragraph, in case of excessive
penalties, requires the judge to submit a
statement to the Chief Executive, through the
Secretary of Justice, recommending executive
clemency, in consideration of the degree of
malice and the injury caused by the offense. This shall be made
without suspending the sentence.
Art. 6. Consummated, frustrated, and attempted
felonies. — Consummated felonies as well as those
which are frustrated and attempted, are punishable.
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present; and it is frustrated when the offender
performs all the acts of execution which would
produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
There is an attempt when the offender commences
the commission of a felony directly or over acts, and
does not perform all the acts of execution which
should produce the felony by reason of some cause
or accident other than this own spontaneous
desistance.
3 STAGES OF CRIME:
CONSUMMATED all elements necessary for
FELONY execution and accomplishment are
present.
FRUSTRATED offender performs all the acts of
FELONY execution which would produce the
felony as a consequence, but which did
not produce it by reason of causes
independent of the will of the
perpetrator.
If he has not yet inflicted the wound, it is
not frustrated felony.
In frustrated murder, there must be
evidence showing that the wound would
have been fatal were it not for timely
medical intervention. (PP v. Labiaga)
ATTEMPTED offender commences the
FELONY commission of a felony directly by
overt acts 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 spontaneous
desistance.
Overt Acts
•some physical activity or deed, indicating the
intention to commit a particular crime, more than a
mere planning or preparation, which if carried out to
its complete termination following its natural course,
without being frustrated by external obstacle nor by
the voluntary desistance of the perpetrator, will
logically and necessarily ripen into a concrete
offense.
Subjective and Objective Phase
“The subjective phase is that portion of the acts
constituting the crime included between the act which
begins the commission of the crime and the last act
performed by the offender, which, with the prior
acts, should result in the consummated crime. From
that time forward, the phase is objective.” (US v.
Eduave, 36 Phil 209)
DESISTANCE
•is an absolutory cause which negates criminal liability
because the law encourages a person to desist from
committing a crime.
 ACCORDING TO Offender is Offender is
ESSENTIAL ELEMENTS OF ATTEMPTED FELONY: PHASE still in the already in the
1. OFFENDER COMMENCES COMMISSION DIRECTLY subjective objective phase
BY OVERT ACTS: phase as he because all the
A. THERE SHOULD BE EXTERNAL ACTS still has acts of
B. SUCH EXTERNAL ACTS HAVE DIRECT control of his execution are
CONNECTION WITH THE CRIME INTENDED acts already there,
TO BE COMMITTED (E.G. ACTS OF and the cause
LASCIVIOUSNESS FROM ATTEMPTED RAPE)
of its non-
2. HE DOES NOT PERFORM ALL THE ACTS OF
EXECUTION WHICH SHOULD PRODUCE THE accomplishment
FELONY. is other than
3. THE OFFENDERS ACT WAS NOT STOPPED BY HIS the offender’s
OWN SPONTANEOUS DESISTANCE own will.
4. THE NON-PERFORMANCE OF ALL ACTS OF
EXECUTION WAS DUE TO CAUSE OR ACCIDENT FRUSTRATED FELONY V. CONSUMMATED FELONY
OTHER THAN HIS SPONTANEOUS DESISTANCE
(RIVERA ET. AL V. PP) FACTORS FRUSTRATED CONSUMMATED
FELONIES FELONIES
ACTS OF All acts of All acts of
Formal Crime EXECUTION execution had execution had
• If the crime has one stage (consummated crime) and has been done been done
no attempt. (e.g. libel, slander, and false testimony) ACCORDING TO Offender is Offender is
PHASE already in the already in the
objective phase objective phase
CRIMES WITHOUT A FRUSTRATED STAGE: ACCOMPLISHMENT Desire was not Desire was
• RAPE accomplished accomplished
• ARSON
• CORRUPTION OF PUBLIC OFFICERS Art. 7. When light felonies are
• ADULTERY punishable. — Light felonies are
• THEFT AND ROBBERY punishable only when they have been
ATTEMPTED FELONY V. FRUSTRATED FELONY consummated, with the exception of those
committed against person or property.
FACTORS ATTEMPTED FRUSTRATED
FELONIES FELONIES
ACTS OF Not all acts All acts of
EXECUTION of execution execution had LIGHT PUNISHMENTS ARE PUNISHABLE:
had been been done 1. IN GENERAL, ONLY WHEN THEY ARE
done CONSUMMATED
CAUSES OF NON- Felony was Reason is some 2. EXCEPTION – IN ALL STAGES WHEN COMMITTED
ACCOMPLISHMENT not produced cause AGAINST PERSONS OR AGAINST PROPERTY
by reason of independent of
cause or the will of the
accident perpetrator
other than
offender’s
own
spontaneous
desistance
 Art. 8. Conspiracy and proposal to commit
felony. — Conspiracy and proposal to
commit felony are punishable only in the
cases in which the law specially provides
a penalty therefor.
A conspiracy exists when two or more
persons come to an agreement concerning
the commission of a felony and decide to
commit it.
There is proposal when the person who
has decided to commit a felony proposes
its execution to some other person or
persons.

Conspiracy
• 2 or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

Proposal
• the person who has decided to commit a felony proposes
its execution to some other person on persons.

PP v. Bagano GR No. 139531 31 Jan 2002

“For conspiracy to exist, it is sufficient that at the time
of the commission of the offense, the accused had the
same purpose, the accused had the same purpose and
were united in its execution. Proof of an actual
planning of the perpetuation of the crime is not a
condition precedent.” Both accused were one in their
intention to kill the victim. In conspiracy, “the act of one
is the act of all, the fact that it was Bagano who
delivered the fatal blow and Canete’s participation
was limited to a mere embrace is immaterial.
Conspiracy bestows upon them equal liability, and
they shall suffer the same for their acts. Without
conspiracy, the offenders are liable only for their own
individual acts.

Implied Conspiracy
• when the malefactors have a common purpose and were
united in its execution. Spontaneous agreement or active
cooperation by all perpetrators at the moment of the
commission of the crime is sufficient to create joint criminal
resp (Sims v. CA, May 18 2004)