WHAT IS CRIMINAL LAW
It is that branch or division of law which
defines crimes, treats of their nature and
provides for their punishment(12 Cyc.129)
THE CHARACTERISTICS OF CRIMINAL LAW
AND ITS EXCEPTIONS?
1.) GENERALITY – the law is binding
upon all persons who reside or
sojourn in the Philippines irrespective
of age, sex, creed or personal
circumstances
Exceptions:
1.) Treaty Stipulations (RP-US Visiting
Forces Accord)
2.) Law on Preferrential Application
Under RA 75: persons who are exempt from
arrest and imprisonment and whose
properties are exempt from distraint, seizure
and attachment are the following:
(.) ambassadors
(.) public ministers
(.) domestic servants of
ambassadors and public ministers
unless the person is a citizen or inhabitant
of the Philippines and the writ or process
issued against him is founded upon a debt
contracted before he entered upon such
service of the domestic servant is not
registered with the Department of Foreign
Affairs.
3.) Principles of Public International
Law
(.) sovereigns or head of states,
ambassadors, ministers,
plenipotentiary and ministers-
resident, charges d’affairs and
attaches
Consuls, vice-consuls and other commercial
representatives of a foreign nation cannot
claim the privileges and immunities
accorded to ambassadors and ministers
2.) TERRITORIALITY – the law is
applicable to all crimes committed
within the limits of the Philippine
territory which includes its
atmosphere, interior waters and
maritime zone
Exception:
1. ARTICLE 2 RPC
(1) Should commit an offense while on a
Philippine ship or airship
Requisites:
1. The Philippine ship or airship must be
duly registered under the Philippine
laws
2. the ship or airship must not be within
the territorial jurisdiction of another
country otherwise the laws of that
country will apply as a rule
FOREIGN MERCHANT VESSELS
1.) FRENCH RULE
General Rule: crimes committed
aboard a foreign vessel within the
territorial waters of a country are not
triable in the courts of such country
Except: crime affects the peace and
security of the territory or endangers
the safety of the state.
2.) ENGLISH RULE
General Rule: crimes committed
aboard a foreign vessel within the
territorial waters of a country are
 triable in the courts of such country
Except: when the crime merely affects
things within the vessel or refers to
the internal management thereof.
FOREIGN WARSHIPS: the nationality of such
warship determines the applicable penal
laws to crimes committed therein as they
are considered to be an extension of the
territory of the country to which they belong
(2) Should forge or counterfeit any coin or
currency note of the Philippine islands
or obligations and securities issued by
the government of the Philippine
islands
(3) Should be liable for acts connected
with the introduction into these
islands of the obligations and
securities mentioned in the presiding
number
Note: the rationale for the exceptions
provided in paragraphs (2) and (3) is to
maintain and preserve the financial
credit stability of the state. It should be
noted however that those who
introduced the counterfeit items are
criminally liable even if they were not the
ones who counterfeited the said items.
Conversely, those who counterfeited the
said iterms are criminally liable even if
they did not introduce the counterfeit
items into the Philippines.
(4) While being public officers or
employees, should commit an offense
in the exercise of their functions
The offense committed by a public officer
abroad must refer to the discharge of one’s
functions. The exception does not apply to
public officers of the Philippine government
who enjoy diplomatic immunity because in
such a case the principles of public
international law will govern.
A crime committed within the grounds of a
Philippine embassy on foreign soil shall be
subject to Philippine penal laws although it
may or may not have been committed by a
public officer in relation to one’s official
duties. Embassy grounds are considered as
extensions of the sovereignty of the country
occupying them
Examples of crimes included:
1. Direct bribery
2. Indirect bribery
3. Qualified bribery
4. Corruption
5. Fraud against the public treasury
6. Possession of prohibited interest
7. Malversation of public funds or
property
8. Failure of accountable officer to
render accounts
9. Failure to render accounts before
leaving the country
10. Falsification by a public officer or
employee committed with abuse of
official position
(5) Should commit any of the crimes
against national security and the law
of nations as defined in title 1 book 2
of this code.
The rationale for the exception is to
safeguard the existence of the state.
However, when rebellion, coup d’etat and
sedition are committed abroad – the
Philippine courts will have jurisdiction
because these are crimes against public
order. Nevertheless, terrorism under
RA9372 is now a crime against national
security and the law of nations
EXCEPTION TO THE EXCEPTION: penal laws
are not applicable within or without
Philippine territory if so provided in treaties
and laws of preferential application
3.) PROSPECTIVITY – the law does not
have any retroactive effect except
if it favors the offender and unless
he is a habitual delinquent or the
law otherwise provides
EFFECT OF REPEAL OF PENAL LAWS
1. If the repeal makes the penalty lighter
in the new law: the new law shall be
applied
2. If the new law imposes a heavier
penalty, the law in force at the time of
the commission of the offense shall be
applied
3. if the new law totally repeals the
existing law so that the act which was
penalized under the old law is no
longer punishable, the crime is
obliterated
DEFINITION OF FELONY AND ITS
REQUISITES
FELONIES are acts and omissions
punishable by the Revised Penal Code
ELEMENTS OF FELONIES
(1) there must be an act or omission
ACT means any bodily movement tending to
produce some effect in the external world. It
must be at least an over act of that felony,
that is, an external act which has a direct
connection with the felony intended to be
committed.
OMISSION means inaction, the failure to
perform a positive duty which one is bound
to do. There must be a law required the
doing or performance of an act
(2) The act or omission must be
punishable by the RPC
It is based on the maxim (nullum crimen,
nulla peona sine lege) that is, there is no
crime when there is no law punishing it.
(3) The act is performed or the omission
incurred by means of dolo or culpa
Voluntariness is an element because in (.)
Art 3. In referring to dolo states that the act
is performed “with deliberate intent” which
implies that the act is voluntary or freely
committed and (.) Art. 365 in referring to
reckless imprudence expressly states that it
consists “involuntary but without malice”
doing or failing to do an act.
A criminal act is presumed voluntary. In the
absence of indubitable explanation, the act
must be declared voluntary and punishable
DISTINGUISH INTENTIONAL FELONY V.
CULPABLE FELONY
INTENTIONAL FELONIES: the act or
omission of the offender is malicious. The
act is performed with deliberate intent. The
offender, in performing the act or in
incurring the omission has the intention to
cause an injury to another
Requisites:
1.) FREEDOM
• When a person acts without
freedom, he is no longer a human
being but a tool
• A person who acts under the
compulsion of an irresistible force
is exempt from criminal liability
• A person who acts under the
impulse of an uncontrollable fear
or an equal or greater injury is
exempt from criminal liability
2.) INTELLIGENCE
• It is the moral capacity to
determine what is right from what
is wrong and to realize the
consequences of one’s acts.
• Without the power of intelligence
necessary to determine the
morality of human acts, to
distinguish a licit from an illicit act,
no crime can exist because the
intent has no intelligence, the law
exempts him from criminal liability
• Factors that negate intelligence
(.) Minority
(.) Insanity
(.) Imbecility
3.) INTENT
• it is presumed from the
commission of an unlawful act.
It is negated by mistake of facts
• intent presupposes the exercise
of freedom and the use of
intelligence
• if there is no intent then there is
no felony committed by dolo
but a felony may still exist if
culpa is present
• intent is a mental state, the
existence of which is shown by
the overt acts of a person
• when the accused is charged
with intentional felony, absence
of criminal intent is a defense.
GENERAL INTENT – It is an intention to do
a wrong. Presumed to exist from the mere
doing of a wrongful act. The burden of
proving the absence of intent is upon the
accused.
SPECIFIC INTENT – an intention to commit
a definite act. Existence of the intent is not
presumed. The burden of proving the
existence of the intent is upon the
prosecution as such intent is an element
of the offence
INTENT – the purpose to use a particular
means to effect such a result. It is an
element of a crime
MOTIVE – the reason which impels one to
commit an act for a definite result. It is not
an element of a crime
MOTIVE, WHEN RELEVANT:
(1) when the identity of a person accused
of having committed a crime is in
dispute
(2) in ascertaining the truth between
antagonistic theories or versions of
the killing
(3) the identification of the accused
proceeds from unreliable source and
testimony is inconclusive and not free
from doubt
(4) there are no eyewitnesses to the crime
 and where suspicion is likely to fall
upon a number of persons
(5) the evidence is merely circumstantial
CULPABLE FELONIES: the act or omission of
the offender is not malicious. The injury
caused by the offender to another person is
unintentional, it being simply the incident of
another act performed without malice
Requisites
1. FREEDOM
2. INTELLIGENCE
3. IMPRUDENCE, NEGLIGENCE, OR LACK
OF FORESIGHT OR LACK OF SKILL
Imprudence indicates a deficiency of action.
It usually involves lack of skill
Ex: a person fails to take the necessary
precaution to avoid injury to person or
damage to property
Negligence indicated a deficiency of
perception. It usually involves lack of
foresight
Ex: a person fails to pay proper attention and
to use diligence in foreseeing the injury or
damage impending to be caused.
CRIMES PUNISHED UNDER SPECIAL LAWS
The third class of crimes, are those defined
and penalized by special laws which include
crimes punished by a municipal or city
ordinances.
When the crime is punished by a special law,
as a rule, intent to commit the crime is not
necessary. It is sufficient that the offender
has the intent to perpetrate the act
prohibited by the special law, that is, it is
enough that the prohibited act is done freely
and consciously.
When the doing of an act is prohibited by a
special law, it is considered that the act is
injurious to public welfare and the doing of
the prohibited act is the crime itself
MALA IN SE V. MALA PROHIBITA:
MALA IN SE:
(1) wrongful from their nature.
(2) So serious in their effects on society
(3) Intent governs
(4) Good faith is a valid defense unless
the crime is the result of culpa
(5) The degree of accomplishment of the
crime is taken into account in
punishing the offender
(6) Mitigating and aggravating
circumstances are taken into account
(7) Penalty is determined on the basis of
the degree of participation of the
offender
(8) There are 3 stages of execution
Attempted-frustrated-consummated
(9) Penalties may be divided into degrees
and periods
MALA PROHIBITA:
(1) Wrongful merely because it is
prohibited by the state
(2) Violations of mere rules of
convenience
(3) Criminal intent is not necessary where
the acts are prohibited for reasons of
public policy
(4) Good faith is not a defense
(5) The act gives rise to a crime only when
 consummated
(6) Mitigating and aggravating
circumstances are generally not taken
into account
(7) Penalty on the offenders are the same
(8) There are no stages of execution
(9) There is no division of penalties
MISTAKE OF FACT AND ITS REQUISITES
AND EFFECTS
It is a misapprehension of fact on the part of
the person who caused injury to another. He
is not criminally liably because he did not
act with criminal intent
Such a person is a potential criminal.
Requisites:
(1) The act performed would be an offense
against persons or property
In committing an impossible crime, the
offender intends to commit a felony against
persons or a felony against property and the
act performed would have been an offense
against persons or propery
if the act performed would be an offense,
other than a felony against persons or
property, there is no impossible crime.

1. The act done would have been lawful FELONIES AGAINST PERSONS
had the facts been as the accused 1. Parricide
believed them to be 2. Murder
2. The intention of the accused in 3. Homicide
performing the act should be lawful 4. Infanticide
3. The mistake must be without fault or 5. Abortion
carelessness on the part of the 6. Duel
accused. 7. Physical injuries
8. Rape
WHAT IS AN IMPOSSIBLE CRIME AND ITS FELONIES AGAINST PROPERTY
REQUISITES 1. Robbery
2. Brigandage
ARTICLE 4: CRIMINAL LIABILITY SHALL BE 3. Theft
INCURRED BY ANY PERSON PERFORMING 4. Usurpation
AN ACT WHICH WOULD BE AN OFFENSE 5. Culpable insolvency
AGAINST PERSONS OR PROPERTY WERE IT 6. Swindling and other deceits
NOT FOR THE INHERENT IMPOSSIBILITY OF 7. Chattel mortgage
ITS ACCOMPLISHMENT OR ON ACCOUNT OF 8. Arson and other crimes involving
THE EMPLOYMENT OF INADEQUATE OR destruction
INEFFECTUAL MEANS. 9. Malicious mischief

Note: the commission of an impossible (2) The act was done with evil intent
crime is indicative of criminal prospensity or It must be shown that the actor performed
criminal tendency on the part of the actor. the act with evil intent, that is, he must have
the intent to do an injury to another
(3) its accomplishment is inherently
impossible or that the means employed is
either inadequate or ineffectual
in impossible crime, the act performed by
the offender cannot produce an offence
against persons or property because
(.) the commission of the offense is
inherently impossible of accomplishment
(.) or that the means is either inadequate or
ineffectual (means is insufficient; means
employed did not produce the expected
result)
INHERENT IMPOSSIBILITY OF ITS
ACCOMPLISHMENT
(.) the act intended by the offender is by its
nature one of impossible accomplishment
there must either be legal or physical
impossibility
PURPOSE: the purpose of the law in
punishing impossible crime is to suppress
criminal prospensity or criminal tendencies.
Objectively, the offender has not committed
a felony but subjectively, he is a criminal.
legal impossibility: the intended acts even if
completed, would not amount to a crime
physical impossibility: extraneous
circumstances unknown to the actor or
beyond his control prevent the
consummation of the intended crime
(4) the act performed should not constitute a
violation of another provision of the RPC
MISTAKE IN THE BLOW (.) MISTAKE IN
IDENTITY (.) PRAETER INTENTIONEM
These are situations where a person
committing a felony is still criminally liable
• Error in personae – mistake in the
identity of the victim
• Aberratio ictus – mistake in the blow
• Praeter intentionem – the injurious
result is greather than that intented
ATTEMPTED FELONY, REQUISITES: There is
an attempt when the offender commences
the commission of a felony directly by 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 his own spontaneous desistance
ELEMENTS:
1. The offender commences the
commission of the felony directly by
over acts
Requisites
• There must be external acts
• Such external acts have direct
connection with the crime intended to
be committed
2. He does not perform all the acts of
execution which should produce the
felony
if the offender has performed all the acts of
execution – nothing more is left to be done
– then the stage of execution is that of a
frustrated felony if the felony is not
produced. And consummated If the felony is
produced
3. The offender’s act is not stopped by
his own spontaneous desistance
Rationale: it is a sort of reward granted by
law to those who, having one foot on the
verge of the crime, heed the call of their
conscience and return to the path or
righteousness
4. The non performance of all acts of
execution was due to cause or
accident other than his own
spontaneous desistance
OVERT ACTS: is some physical activity or
deed indicating the intention to commit a
particular crime, more than a mere planning
or preparation which if carried to its
complete termination following its natural
course without being frustrated by external
obstacles nor by the voluntary desistance of
the perpetrator, will logically and
necessarily ripen into a concrete offense.
There are felonies where, because of their
nature or the manner of committing them,
the overt acts are not performed with bodily
movement or by physical activity.
INDETERMINATE OFFENSE
• One where the purpose of the offender
in performing an act is not certain. Its
nature in relation to its objective is
ambiguous
• The intention of the accused must be
ascertained from the facts and
therefore, it is necessary that the mind
be able to directly infer from them the
intention of the perpetrator to cause a
particular injury
• Acts susceptible of double
interpretation must not and cannot
furnish grounds by themselves for
attempted crime (Pp v. Lamahang) 61
phil. 707
DESISTANCE
• it is an absolutory cause which negates
criminal liability because the law
encourages a person to desist from
committing a crime
• the desistance should be made before
all the acts of execution are
performed
• the desistance which exempts from
criminal liability has reference to the
crime intended to be committed and
has no reference to the crime actually
committed by the offender before his
desistance
LEGAL DESISTANCE: desistance referred
to in law which would obviate criminal
liability unless the over or preparatory
act already committed in themselves
constitute a felony other than what the
actor intended
time or period employed: desistance
made during the attempted stage
FACTUAL DESISTANCE: actual desistance
of the actor but the actor is still liable for
the attempt
Time or period employed: desistance
made after the attempted stage of the
crime
FACTORS DETERMINING THE STAGE OF
EXECUTION
(1) nature of the offense
(2) elements constituting the felony
(3) manner of committing the same
MANNER OF COMMITTING THE
CRIME
1. FORMAL CRIMES
Consummated in one instant. There is no
attempt
As a rule, there can be no attempt at a formal
crime because between the thought and the
deed there is no chain of acts that can be
severed in any link
2. CRIMES CONSUMMATED BY MERE
ATTEMPT OR PROPOSAL OR BY
OVERT ACT
Flight to enemy’s country. (Art 121)
Corruption of minors (Art. 340)
3. FELONY BY OMISSION
There can be no attempted stage when the
felony is by omission because in this kind of
felony, the offender does not execute acts.
He omits to perform an act which the law
requires him to do so.
4. CRIMES REQUIRING THE
INTERVENTION OF TWO PERSONS TO
COMMIT THEM ARE CONSUMMATED
BY MERE AGREEMENT
In the crime of corruption of public officer,
the same are consummated by mere
agreement. The offer made by one of the
parties to the other constitutes attempted
felony if the offer is rejected.
5. MATERIAL CRIMES: There are 3
stages of execution
FRUSTRATED FELONY, REQUISITES
A felony 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
ELEMENTS:
(1) the offender performs all the acts of
execution
nothing more is left to be done by the
offender because he has performed the last
act necessary to produce the crime
(2) all the acts performed would produce
the felony as a consequence
All the acts of execution performed by the
offender could have produced the felony as
a consequence
The belief of the accused need not be
considered. What should be considered is
wherther all the acts of execution performed
by the offender would produce the felony as
a consequence
(3) but the felony is not produced
the acts performed by the offender do not
produce the felony because if the felony is
produced it would be consummated
(4) by reason of causes independent of
the will of the perpetrator
There are crimes which do not admit of a
frustrated stage. By the definition of a
frustrated felony, the offender cannot
possibly perform all the acts of execution to
bring the desired result without
consummating the offense.
CRIMES WHICH DO NOT HAVE A
FRUSTRATED STAGE
1. RAPE because the gravemen of the
offense is carnal knowledge, so no
matter how slight the penetration, the
felony is consummated
2. INDIRECT BRIBERY because the
offense is committed by accepting
gifts offered to the public officer by
reason of his office
3. CORRUPTION OF PUBLIC OFFICERS
since the crime requires the
concurrence of the will of both parties
 4. ADULTERY because the essence of the
crime is sexual congress
5. PHYSICAL INJURY since its
determination whether slight, less
serious or serious can only be made
once it is consummated
6. THEFT since unlawful taking
immediately consummated the
offense and the disposition of the
thing is not an element
CONSUMMATED FELONY, REQUISITES
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present
All the elements of the felony for which the
accused is prosecuted must be present in
order to hold him liable therefor in its
consummated stage.
When a felony has two or more elements
and one of them is not proved by the
prosecution duting the trial either:
• The felony is not shown to have been
consummated or
• The felony is not shown to have been
committed or
• The felony is shown to have been
committed
ATTEMPTED FELONY (.) FRUSTRATED
FELONY(.) CONSUMMATED FELONY
• A felony is consummated when all the
elements necessary for its execution
and accomplishment are present
• 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 by 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 his own spontaneous
desistance
DEVELOPMENT OF A CRIME
1. INTERNAL ACTS: such as mere ideas
in the mind of a person, are not
punishable even if had they been
carried out they would constitute a
crime.
2. EXTERNAL ACTS: covers preparatory
acts and acts of execution
Preparatory acts – ordinarily they are
not punishable but preparatory acts
which are considered in themselves
by law as independent crimes are
punishable
Acts of execution – punishable under
the RPC
• Subjective phase: portion of the
acts constituting the crime,
starting from the point where
the offender begins the
commission of the crime to the
point where he has still control
over his acts including their
natural course
• Objective phase: the result of
the acts of execution. That is,
the accomplishment of the
 crime
GRAVE(.)LESS GRAVE(.)LIGHT FELONIES;
REQUISITES(ARTICLE 9)
LIGHT FELONIES are those infractions of law
for the commission of which the penalty of
arresto menor or a fine not exceeding 200
persos or both is provided. Punishable only
when they have been consummated. They
produce such light, such insignificant moral
and material injuries that public conscience
is satisfied with providing a light penalty for
their consummation
Exception: Light felonies committed against
persons or property are punishable even if
attempted or frustrated.
RATIONALE: the commission of felonies
against persons or property presupposes in
the offender moral depravity
LESS GRAVE FELONIES: are those which the
law punishes with penalties which in their
maximum period are correctional in
accordance with the above-mentioned
article
• Prision correccional, arresto mayor,
suspension, destierro
GRAVE FELONIES: are those to which the
law attaches the capital punishment or
penalties which in any of their periods are
afflictive in accordance with Article 25 of
this Code.
• Reclusion perpetua, reclusion temporal,
perpetual or temporary absolute
disqualification, perpetual or
temporary special disqualification,
prision mayor
IMPORTANCE OF CLASSIFICATION
1. To determine whether these felonies
can be complexed or not
2. To determine the prescription of the
crime and the prescription of the
penalty
ARTICLE 6: 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 and proposal to commit a crime
are only preparatory acts and the law
regards them as innocent or at least
permissible except in rare and exceptional
cases.
In crimes against the external and internal
security of the state, if the culprit succeeds
in his criminal enterprise he would obtain
the power and therefore impunity for the
crime committed.
CONSPIRACY exists when two or more
persons come to an agreement concerning
the commission of a felony and decide to
commit it.
Requisites:
1. Two or more persons came to an
 agreement
Agreement presupposes meeting of the
minds of two or more persons
2. The agreement pertains to the
commission of a felony
It must be an agreement to act, to effect, to
bring about what has already been
conceived and determined
3. The execution of the felony was
decided upon
There must be participation with a criminal
resolution because simple knowledge
thereof by a person may only make him
liable as an accomplice
GENERAL RULE: conspiracy and proposal to
commit felony are not punishable
EXCEPTION: they are punishable only in the
cases in which the law specially provides a
penalty therefor
Example of the exception
1. Treason
2. Rebellion
3. Insurrection
4. Coup d’etat
5. Sedition
6. Monopolies and combinations in
restraint of trade
7. Espionage
8. Highway robbery
9. Illegal association
10. Selected acts committed under the
comprehensive dangerous drugs
act
11. Arson
12. Terrorism under the human
security act
CONSPIRACY AS A FELONY
Conspirators should not actually commit
treason, rebellion etc. it being sufficient that
two or more persons agree and decide to
commit it.
Felony relates to a crime actually committed
CONSPIRACY AS A MANNER OF COMMITING
A FELONY
If the conspirators commit treason, they will
be held liable for treason and the conspiracy
which they had before committing treason
is only a manner of incurring criminal
liability, not treated as a separate offense.
Conspiracy is not treated as a separate
offense but used to determine the liability of
the offenders. The act of one if the act of all
GENERAL RULE: when conspiracy is
established, all who participated therein,
irrespective of the quantity or quality of his
participation is liable equally whether
conspiracy is pre planned or instantaneous.
EXCEPTION: unless one or some of the
conspirators committed some other crime
which is not part of the intended crime
EXCEPTION TO THE EXCEPTION: when the
act constitutes a single indivisible offense
DOCTRINE OF IMPLIED CONSPIRACY
When the defendants by their acts aimed at
the same object, one performing one part
and the other performing another part so as
to complete it with a view to the attainment
of the same object and their acts though
apparently independent were in fact
concerted and cooperative indicating
closeness of personal association, concerted
action and concurrence of sentiments, the
court will be justified in concluding that said
defendants were engaged in a conspiracy.
(People v. Geronimo) 53 SCRA 246, 254
• Spontaneous agreement
• Active cooperation by all offenders
• Contributing by positive acts to the
realization of a common criminal
intent
• Presence during the commission of the
crime by a band and lending moral
support thereto.
PROPOSAL TO COMMIT A FELONY
When the person who has decided to
commit a felony proposes its execution to
some other person or persons. The law does
not require that the proposal by accepted by
the person to whom the proposal is made
Requisites:
1. A person has decided to commit a
felony and
2. He proposes its execution to some
other person or persons
There is no criminal proposal when
1. The person who proposes is not
determined to commit the felony
2. There is no decided, concrete and
formal proposal
3. It Is not the execution of the felony
that is proposed
JUSTIFYING CIRCUMSTANCES;REQUISITES
are those where the act of a person is said
to be in accordance with law so that such
person is deemed not to have transgressed
the law and is free from both criminal and
civil liability. There is no civil liability except
in (par.4 of Art. 11)
basis: The law recognizes the non-existence
of a crime by expressly stating.
It is incumbent upon the accused to prove
the justifying circumstances claimed by him
to the satisfaction of the court
1. Self defense (rights included)
Self-defense includes not only the defense
of the person or body of the one assaulted
but also that of his rights, those rights the
enjoyment of which is protected by law.
Aside from the right to life on which rests
the legimitate defense of our person, we
have the right to property acquired by us
and the right to honor which is not the least
prized of man’s patrimony.
(1) Defense of person
(2) Defense of rights protected by law
(3) Defense of property
(4) Defense of chastity
Reason why penal law makes self defense
lawful
It is based on that impulse of self-
preservation born to man and part of his
nature as a human being
CLASSICIST: grounded on the impossibility
on the part of the state to avoid a present
unjust aggression and protect a person
unlawfully attacked.
POSITIVISTS: an exercise of a right, an act of
social justice done to repel the attact of an
aggression
ELEMENTS:
(1) Unlawful aggression
This is an indispensable requirement. Actual
or physical assault or aggression or an
immediate and imminent threat is required.
The defense must have been made during
the existence of aggression otherwise it is
no longer justifying
(2) Reasonable necessity of the means
 employed to prevent or repel it
(test of reasonableness)
1. ) Nature and quality of the weapon
used by the aggressor
2. ) Physical condition, character, size
and other circumstances of aggressor
3. ) Physical condition, character, size
and circumtances of the person
defending himself
4. ) Place and occasion of assault
(3) Lack of sufficient provocation on the
part of the person defending himself
The one defending himself must not have
given cause for the aggression by his unjust
conduct or by inciting or provoking the
assailant.
Note: Perfect equality between the weapons
used or material commensurability between
the means of attack and defense by the one
defending himself and that of the aggressor
is not required. It is because the victim does
not have sufficient opportuinity to think and
calculate.
Cases in which 3rd requisite is present
• No provocation at all was given to the
aggressor by the person defending
himself
• When, even if a provocation was given,
it was not sufficient
• When, even if the provocation was
sufficient, it was not given by the
person defending himself
The existence of a right cannot give rise to
a sufficient provocation
The provocation must be sufficient, which
means that it should be proportionate to the
act of aggression and adequate to stir the
aggressor to its commission (Pp. v. Alconga)
78 phil. 366
KINDS OF AGGRESSION
(1) LAWFUL: Fulfillment of a duty or the
exercise of a right
(2) UNLAWFUL: It is equivalent to assault
or at least threatened assault of an
immediate and imminent. There must
be an actual physical assault upon a
person or at least a threat to inflict
real injury. The threat must be
offensive and positively strong
showing the wrongful intent to cause
an injury
PERIL TO ONE’S LIFE
Actual: the danger must be present, that is
actually in existence
Imminent: the danger is on the point of
happening. It is not required that the attact
already begins for it may be too late
PERIL TO ONE’S LIMB: includes peril to the
safety of one’s person from physical injuries
RETALIATION the aggression that was
begun by the injured party already ceased
to exist when the accused attacked him
SELF-DEFENSE the aggression was still
existing when the aggressor was injured
or disabled by the person making a
defense
NOTES ON UNLAWFUL AGGRESSION
• The attack made by the deceased and
the killing of the deceased by
defendant should succeed each other
without appreciable interval of time
• It must come from the person attacked
by the accused
• There is no unlawful aggression when
there was an agreement to fight
• Mere belief of an impending attact is
 not sufficient
HOW TO DETERMINE THE UNLAWFUL
AGGRESSOR
In the absence of direct evidence to
determine who proved the conflict, it has
been held that it shall be presumed that, in
the nature of the order of things, the person
who was deeply offended by the insult was
the one who believed he had a right to
demand explanation of the perpetrator of
that insult, and the one who struck the first
blow when he was not satisfied with the
explanation offered (United States v. Laurel)
22 phil. 252
KINDS OF SELF-DEFENSE
1. SELF DEFENSE OF CHASTITY: there
must be an attempt to rape the victim
2. DEFENSE OF PROPERTY: must be
coupled with an attact on the person
of the owner or on one entrusted with
such property
Attact on property alone was deemed
sufficient to comply with element of
unlawful aggression (Pp v. Narvaez)
3. SELF DEFENSE IN LIBEL: justified
when the libel is aimed at a person’s
good name
“Stand ground when in the right” the law
does not require a person to retreat when
his assailant is rapidly advancing upon him
with a deadly weapon.
EXEMPTING CIRCUMSTANCES;REQUISITES
ABSOLUTORY CAUSE
BATTEREDWOMAN
SYNDROME;NATURE&EFFECTS
Refers to a scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse.
Characteristics of the syndrome: The woman
believes that the violence was her fault. She
has an ability to place the responsibility for
the violence elsewhere. She fears for her life
and or her children’s life. She has an
irrational belief that the abuser is
omnipresent and omniscient.
Battery: refers to any act of inflicting
physical harm upon the woman or her child
resulting to a physical and phychological or
emotional distress
2. DEFENSE OF RELATIVES
Elements:
(1) unlawful aggression (indispensable
requirement)
Unlawful aggression need not exist as a
matter or fact. It can be made to depend
upon the honest belief of the one making a
defense (US v. Esmedia) 17 phil. 260, 264
(2) reasonable necessity of the means
employed to prevent or repel it
(3) in case the provocation was given by
the person attacked, the one making
the defense had no part in such
provocation
The clause “in case the provocation was
given by the person attacked” used in
stating the third requisite does not mean
that the relative defended should give
provocation to the aggressor. It merely
states an event which may or may not take
place

There is still a legitimate defense of relative
even if the relative being defended has
given provocation provided that the one
defending such relative has no part in the
provocation
Relative entitled to the defense:
1. ) spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted
brothers and sisters or relatives by
affinity in the same degrees
5. relatives by consanguinity within the
4th civil degree
NOTE: the relative defended may be the
original aggressor. To justify the act of the
relative defending, he must not take part in
such provocation
Basis: humanitarian sentiment and upon the
impulse of blood which impels men to rush,
on the occasion of great perils, to the rescue
of those close to them by ties of blood.
3. DEFENSE OF STRANGER
Elements:
(1) Unlawful aggression (indispensable
requirement)
(2) Reasonable necessity of the means
employed to prevent or repel it
(3) Person defending be not induced by
revenge, resentment or other evil
motive
The defense of a stranger must be actuated
by disinterested or generous motive
A stranger is any person not included in the
enumeration of relatives mentioned in
paragraph 2.
Basis: What one may do in his defense,
another may do for him.
4. AVOIDANCE OF GREATER EVIL OR
INJURY (STATE OF NECESSITY)
Elements:
(1) Evil sought to be avoided actually
exists
(2) Injury feared be greater than that
done to avoid it
(3) No other practical and less harmful
means of preventing it
In cases falling within subdivision 4 of
Article 11, the persons for whose benefit the
harm has been prevented, shall be civilly
liable in proportion to the benefit which
they may have received(ARTICLE 101 RPC)
The necessity must not be due to the
negligence or violation of any law by the
actor
5. FULFILLMENT OF DUTY OR LAWFUL
EXERCISE OF RIGHT OR OFFICE
Elements:
(1) Accused acted in the performance of
duty or in the lawful exercise of a right
or office
(2) Injury caused or offense committed is
the necessary consequence of the due
performance of the duty or the lawful
exercise of such right or office
NOTES:
• The accused must prove that he was
duly appointed to the position
claimed he was discharging at the
time of the commission of the offense
• The deceased was under the obligation
to surrender and had no right after
evading service of his sentence to
commit assault and disobedience with
a weapon in his hand which
 compelled the policeman to resort to
such an extreme means which
although it proved to be fatal was
justified by the circumstances (Pp v.
Delima) 46 phil. 738
• It is not necessary that there be
unlawful aggression against the
person charged with the protection of
the property. If there is unlawful
aggression against the person
charged with the protection of the
property then par 1 of Art 11 applies,
it being a defense of right to property
DOCTRINE OF SELF-HELP: the owner or
lawful possessor of a thing has the right to
exclude any person from the enjoyment and
disposal thereof. For this purpose, he may
use such force as may be reasonably
necessary to repel or prevent an actual or
threatened unlawful physical invasion or
usurpation of his property
6. OBEDIENCE TO AN ORDER ISSUED
FOR SOME LAWFUL PURPOSE
Elements:
(1) An order has been issued
(2) The order has a lawful purpose and
not patently illegal
(3) Means used by subordinate to carry
out said order is lawful
NOTE: the superior office giving the order
cannot invoke this justifying circumstance.
Good faith is material as the subordinate is
not liable for carrying out an illegal order if
he is not aware of its illegality and he is not
negligent
GENERAL RULE: Subordinate cannot invoke
this circumstance when order is patently
illegal
EXCEPTION: When there is compulsion of an
irresistible force or under impulse of an
uncontrollable fear
DOCTRINE OF RATIONAL EQUIVALENCE
Presupposes the consideration not
only of the nature and quality of the
weapons used by the defender and
the assailantbut of the totality of
circumstances surrounding the
defense vis--vis, the unlawful
aggression.
EXEMPTING CIRCUMSTANCES
Are those grounds for exemption from
punishment due to absence of any
conditions in the agent of the crime which
makes the act voluntary or negligent.
Technically, one who acts by virtue of any
exempting circumstances commits a crime
although by the complete absence of any
doubt which constitute free will or
voluntariness of the act, no criminal
liability arise.
The complete absence of intelligence,
freedom of action or intent or absence of
negligence on the part of the accused
The burden of proof to prove the existence
of an exempting circumstance lies within
the defense
JUSTIFYING/EXEMPTING(DISTINGUISHED)
• Justifying:
The act is affected. Act is considered legal.
There is no existence of a crime. No crime,
no criminal liability, no criminal, no civil
liability except in par 4(state of necessity)
• Exempting:
The actor is affected. Act is wrongful but
actor is not liable. There is an existence of
a crime but since voluntariness is absent,
the actor is not liable. There is a crime, no
criminal, no criminal liability. There is civil
liability except as to (Art.12(4) INJURY BY
MERE ACCIDENT & (7) LAWFUL CAUSE)
1. IMBECILITY OR INSANITY
IMBECILITY exists when a person, while of
advanced in age has a mental development
comparable to that of children between 2
and 7 years old. An imbecile is one who is
deprived completely of reason or
discernment and freedom of the will at the
time committing the crime. He is exempt in
all cases from criminal liability
INSANITY exists when there is a complete
deprivation of intelligence or reason or
without the least discernment or with total
deprivation of free will. This does not
include mere abnormality of the mental
faculties. The insane is not so exempt if it
can be shown that he acted during a lucid
interval.
It is necessary that there be a complete
deprivation of intelligence while
committing the act, that is, that the
accused be deprived of reason; that he acts
without the least discernmenr or that there
be a total deprivation of freedom of the
will (Pp v. Formigones) 87 phil 658, 661
The defense must prove that the accused
was insane at the time of the commission
of the crime because the presumption is
always in favor of sanity (Pp v. Bascos) 44
phil 204,206
Basis: complete absence of intelligence, an
element of voluntariness
TIME WHEN ACCUSED SUFFERS INSANITY
1. AT THE TIME OF THE COMMISSION
OF THE FELONY: Exempt from
criminal liability
2. DURING TRIAL: Accused is criminally
liable but trial will be suspended
until the mental capacity of the
accused be restored to afford him a
fair trial and accused is committed to
a hospital
3. AFTER JUDGMENT OR WHILE
SERVING SENTENCE: Execution of
judgment is suspended and the
accused is committed to a hospital.
The period of confinement in the
hospital is counted for the purpose of
the prescription of the penalty
the evidence of insanity must refer to the
time preceding the act under the
prosecution of to the very moment of its
execution
Tests of insanity:
1. COGNITION: complete deprivation of
intelligence in committing the crime
2. VOLITION: total deprivation of
freedom of will
MITIGATING CIRCUMSTANCES AS WELL AS
CIRCUMSTANCES THAT WILL AGGRAVATE
ONE'S CRIMINAL LIABILITY PD1612 V. PD 1829

MITIGATING PENALTIES;CHARACTERISTICS;CLASSIFICA
CIRCUMSTANCES;KINDS;REQUISITES TION;DURATION(ART.21-29)

ORDINARY MITIGATING (.) PRIVILEGED DISTINGUISH EACH CLASS OF PENALTY

MITIGATING
DISTINCTION BETWEEN RECLUSION
AGGRAVATING PERPETUA AND LIFE IMPRISONMENT
CIRCUMSTANCES;KINDS;REQUISITES; -RELATE TO RA 10592

MULTIPLE OFFENDERS WHAT IS CRIMINAL LAW

RECIDIVISM(.)REPETITION
THE CHARACTERISTICS OF CRIMINAL LAW
WHO IS A HABITUAL DELINQUENT AND ITS EXCEPTIONS?

HABITUAL DELINQUENT V. QUASI DEFINITION OF FELONY AND ITS

RECIDIVISM; EFFECTS ON THE CRIMINAL REQUISITES
LIABILITY OF THE ACCUSED
DISTINGUISH INTENTIONAL FELONY V.
ALTERNATIVE CIRCUMSTANCES;KINDS CULPABLE FELONY

WHEN AGGRAVATING MALAINSE V. MALA PROHIBITA

WHEN MITIGATING MISTAKE OF FACT AND ITS REQUISITES

AND EFFECTS
PERSONS CRIMINALLY LIABLE FOR
FELONIES (ART.16-20) WHAT IS AN IMPOSSIBLE CRIME AND ITS
REQUISITES
KINDS OF PRINCIPALS; DISTINGUISH EACH
MISTAKE IN THE BLOW (.) MISTAKE IN
WHO IS AN ACCOMPLICE IDENTITY (.) PRAETER INTENTIONEM

WHO IS AN ACCESSORY ATTEMPTED FELONY, REQUISITES

ACCESSORY EXEMPT FROM CRIMINAL FRUSTRATED FELONY, REQUISITES

LIABILITY
CONSUMMATED FELONY, REQUISITES
ATTEMPTED FELONY (.) FRUSTRATED
FELONY(.) CONSUMMATED FELONY
GRAVE(.)LESS GRAVE(.)LIGHT FELONIES;
REQUISITES
CONSPIRACY AS A FELONY
RECIDIVISM(.)REPETITION
WHO IS A HABITUAL DELINQUENT
HABITUAL DELINQUENT V. QUASI
RECIDIVISM; EFFECTS ON THE CRIMINAL
LIABILITY OF THE ACCUSED

CONSPIRACY AS A MANNER OF COMMITING ALTERNATIVE CIRCUMSTANCES;KINDS

A FELONY
WHEN AGGRAVATING
DOCTRINE OF IMPLIED CONSPIRACY
WHEN MITIGATING
JUSTIFYING CIRCUMSTANCES;REQUISITES
PERSONS CRIMINALLY LIABLE FOR
EXEMPTING CIRCUMSTANCES;REQUISITES FELONIES (ART.16-20)

ABSOLUTORY CAUSE KINDS OF PRINCIPALS; DISTINGUISH EACH

BATTERED WOMAN WHO IS AN ACCOMPLICE

SYNDROME;NATURE&EFFECTS
WHO IS AN ACCESSORY
DOCTRINE OF RATIONAL EQUIVALENCE
ACCESSORY EXEMPT FROM CRIMINAL
MITIGATING CIRCUMSTANCES AS WELL AS LIABILITY
CIRCUMSTANCES THAT WILL AGGRAVATE
ONE'S CRIMINAL LIABILITY PD1612 V. PD 1829

MITIGATING PENALTIES;CHARACTERISTICS;CLASSIFICA
CIRCUMSTANCES;KINDS;REQUISITES TION;DURATION(ART.21-29)

ORDINARY MITIGATING (.) PRIVILEGED DISTINGUISH EACH CLASS OF PENALTY

MITIGATING
DISTINCTION BETWEEN RECLUSION
AGGRAVATING PERPETUA AND LIFE IMPRISONMENT
CIRCUMSTANCES;KINDS;REQUISITES; -RELATE TO RA 10592

MULTIPLE OFFENDERS