REVISED PENAL CODE

Criminal law is that branch or division of law which defines crimes, treats of their nature,
and provides for their punishment.

Crime is an act committed or omitted in violation of a public law forbidding or

commanding it.

Sources of Philippine Criminal

 The Revised Penal Code (Act No. 3815) and its amendments.
 Special Penal Laws passed by the Philippine Commission, Philippine Assembly,
Philippine Legislature, National Assembly, the Congress of the Philippines, and the
Batasang Pambansa .
 Penal Presidential Decrees issued during Martial Law.

No common law crimes in the Philippines.

Court decisions are not sources of criminal law, because they merely explain the meaning
of, and apply, the law as enacted by the legislative branch of the government.

Limitations on the power of the lawmaking body to enact penal legislation. T

he Bill of Rights of the 1987 Constitution imposes the following limitations:

1. No ex post facto law or bill of attainder shall be enacted.

2. No person shall be held to answer for a criminal offense without due process of law.

An ex post facto law is one which:

makes criminal an act done before the passage of the law and which was innocent when done,
and punishes such an act;

aggravates a crime, or makes it greater than it was, when committed;

changes the punishment and inflicts a greater punishment than the law annexed to the crime
when committed;

alters the legal rules of evidence, and authorizes conviction upon less or different testimony than
the law required at the time of the commission of the offense;

assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a
right for something which when done was lawful; and

deprives a person accused of a crime some lawful protection to which he has become entitled,
such as the protection of a former conviction or acquittal, or a proclamation of amnesty.
Congress is also prohibited from passing an act which would inflict punishment without judicial
trial, for that would constitute a bill of attainder.

A bill of attainder is a legislative act which inflicts punishment without trial. Its essence is the
substitution of a legislative act for a judicial determination of guilt.

Constitutional rights of the accused.

1. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies. (Sec. 16)

2. No person shall be held to answer for a criminal offense without due process of law. (Sec.
14[1] )

3. All persons, except those charged with offenses punishable by reclusion when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance
as may be provided by law.

The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended.

Excessive bail shall not be required

4. In all criminal prosecutions, the accused

shall be presumed innocent until the contrary is proved, and

shall enjoy the right to be heard by himself and counsel,

to be informed of the nature and cause of the accusation against him,

to have speedy, impartial, and public trial,

to meet the witnesses face to face, and

to have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf.

However, after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable.

5. No person shall be compelled to be a witness against himself. (Sec. 17)

Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably
of his own choice.

If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel.

No torture, force, violence; threat, intimidation, or any other means which vitiate the free will
shall be used against him.

Secret detention places, solitary, incommunicado , or other similar forms of detention are
prohibited. (Sec 12[2]

Any confession or admission obtained in violation of this or Section 17 hereof shall be

inadmissible in evidence against him. (Sec. 12[3] )

6. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
(Sec. 19[1] )

7. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act. (Sec. 21)

8. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty. (Sec. 11 )

Statutory rights of the accused.

To be presumed innocent until the contrary is proved beyond reasonable doubt.

To be informed of the nature and cause of the accusation against him.

To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment,

To testify as a witness in his own behalf but subject to cross-examination on matters covered by
direct examination. His silence shall not in any manner prejudice him.

To be exempt from being compelled to be a witness against himself.

To confront and cross-examine the witnesses against him at the trial,

To have compulsory process issued to secure the attendance of witnesses and production of other
evidence in his behalf.

To have a speedy, impartial and public trial.

To appeal in all cases allowed and in the manner prescribed by law.

Characteristics of criminal law.

Criminal law has three main characteristics:

(1) general,

(2) territorial, and

(3) prospective.

Persons exempt from the operation of our criminal laws by virtue of the principles of public
international law.

The following are not subject to the operation of our criminal laws:

(1) Sovereigns and other chiefs of state.

(2) Ambassadors, ministers plenipotentiary, ministers resident, and charges d'affaires.

Exceptions to the territorial application of criminal law.

The same Article 2 of the Revised Penal Code provides that its provisions shall be enforced
outside of the jurisdiction of the Philippines against those who:

Should commit an offense while on a Philippine ship or airship;

Should forge or counterfeit any coin or currency note of the Philippines or obligations and
securities issued by the Government of the Philippines;

Should be liable for acts connected with the introduction into the Philippines of the obligations
and securities mentioned in the preceding number;

While being public officers or employees, should commit an offense in the exercise of their
functions; or

Should commit any of the crimes against national security and the law of nations, defined in Title
One of Book Two of the Revised Penal Code.

PROSPECTIVE, in that a penal law cannot make an act punishable in a manner in which it was
not punishable when committed.

Exceptions to the prospective application of criminal laws.

Whenever a new statute dealing with crime establishes conditions more lenient or favorable to
the accused, it can be given a retroactive effect.

But this exception has no application:

1. Where the new law is expressly made inapplicable to pending actions or existing causes of
action. (Tavera vs. Valdez, 1 Phil. 463, 470-471)
2. Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal Code. (Art.
22, RPC)

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Par. 14. - That (1) craft, (2) fraud, or (3) disguise be employed.

Basis: has reference to the means employed in the commission of the crime.

Craf (involves intellectual trickery and cunning on the part of the accused).

Fraud (insidious words or machinations used to induce the victim to act in a manner
which would enable the offender to carry out his design).

Disguise (resorting to any device to conceal identity).

Par. 15. — That (1) advantage be taken of superior strength, or (2) means be employed to
weaken the defense.

Meaning of "advantage be taken. "

To take advantage of superior strength means to use purposely excessive force out of
proportion to the means of defense available to the person attacked.

Illustrations of no advantage of superior strength.

One who attacks another with passion and obfuscation does not take advantage of his superior
strength.

This aggravating circumstance does not apply when a quarrel arose unexpectedly and the fatal
blow was struck at a time when the aggressor and his victim were engaged against each other as
man to man.

Abuse of superior strength when a man attacks a woman with a weapon.

Evidence of relative physical strength necessary.

The aggravating circumstance of abuse of superior strength depends on the age, size and strength
of the parties.

There is abuse of superior strength when weapon used is out of proportion to the defense
available to the offended party.

Simultaneous attack by two persons with revolvers against a defenseless person is aggravated by
superior strength.

There is no abuse of superior strength when one acted as principal and the other two as
accomplices.

When there is an allegation of treachery, superior strength is absorbed.

Abuse of superior strength is aggravating in coercion and forcible abduction, when greatly in
excess of that required to commit the offense.

Par. 16. — That the act be committed with treachery (alevosia).

Meaning of treachery.

There is treachery when the offender commits any of the crimes against the person,
employing means, methods or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which
the offended party might make.

Treachery means that the offended party was not given opportunity to make a defense.

Rules regarding treachery.

(1) Applicable only to crimes against the person.

(2) Means, methods or forms need not insure accomplishment of crime.

(3) The mode of attack must be consciously adopted.

Treachery cannot be presumed

Except:

1. When the victim was tied elbow to elbow, his body with many wounds and his head
cut off, treachery may be considered, though no witnesses saw the killing.

2. The killing of a child is murder qualified by treachery, even if the manner of attack was
not shown.
3. Treachery must be appreciated in the killing of a child even if the manner of attack is
not shown.

4. It exists in the commission of the crime when an adult person illegally attacks a child
of tender years and causes his death.

The mode of attack must be consciously adopted.

This means that:

(1) The accused must make some preparation to kill the deceased in such a manner as to
insure the execution of the crime or to make it impossible or hard for the person
attacked to defend himself or retaliate.

(2) The mode of attack must be thought of by the offender, and must not spring from
the unexpected turn of events.

Examples of treachery (according to Jurisprudence)

shooting the victim at a distance

deliberate, surprise attack on the victims

hands were raised and he was pleading for mercy

strategically placing himself in a forested area near the highway and firing at the
unsuspecting victim at a distance

reduced to helplessness before she was shot

shoot a victim at night while urinating at the porch

the victim was tied and gagged before being stabbed

Attacks showing intention to eliminate risk.

(a) Victim asleep.

(b) Victim half-awake or just awakened.

(c) Victim grappling or being held.

Requisites of treachery:

(1) That at the time of the attack, the victim was not in a position to defend himself; and

(2) That the offender consciously adopted the particular means, method or form of attack
employed by him.
To constitute treachery, two conditions must be present, to wit:

(1) the employment of means of execution that gave the person attacked no opportunity
to defend himself or to retaliate; and

(2) the means of execution were deliberately or consciously adopted

Intent to kill is not necessary in murder with treachery.

Par. 17. — That means be employed or circumstances brought about which add ignominy
to the natural effects of the act.

Basis: means employed.

Ignominy is a circumstance pertaining to the moral order, which adds disgrace and
obloquy to the material injury caused by the crime.

Applicable to crimes against chastity, less serious physical injuries, light or grave coercion,
and murder.

Par. 18. — That the crime be committed after an unlawful entry.

Basis : the means and ways employed to commit the crime.

There is an UNLAWFUL ENTRY when an entrance is effected by a way not intended for
the purpose.

Unlawful entry must be a means to effect entrance and not for escape.

Par. 19. — That as a means to the commission of a crime, a wall, roof, floor, door, or window
be broken.

The basis has reference to means and ways employed to commit the crime.

Par. 21. — That the wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commission.

Basis has reference to ways employed in committing the crime.

There is cruelty when the culprit enjoys and delights in making his victim suffer slowly and
gradually, causing him unnecessary physical pain in the consummation of the criminal act.
Requisites of cruelty:

1. That the injury caused be deliberately increased by causing other wrong ;

2. That the other wrong be unnecessary for the execution of the purpose of the offender.

Ignominy distinguished from cruelty.

Ignominy (par. 17) involves moral suffering, while

cruelty (par. 21) refers to physical suffering.

Rapes, robbery and other forms of cruelties are aggravating circumstances of ignominy
and cruelty in treason.

Among the aggravating circumstances peculiar to certain felonies are the following:

1. That the offense (violation of domicile) be committed in the nighttime, or if any papers
or effects not constituting evidence of a crime be not returned immediately after the
search made by the offender. (Art. 128, par. 2) 2. That the crime (interruption of religious
worship) shall have been committed with violence or threats. (Art. 132, par. 2) That the
assault (direct assault) is committed with a weapon, or when the offender is a public
officer or employee, or when the offender lays hands upon a person in authority. (Art.
148) 4. 5. 6. If the crime (slavery) be committed for the purpose of assigning the offended
party to some immoral traffic, the penalty shall be imposed in its maximum period. (Art.
272, par. 2) If the threat (grave threats) be made in writing or through a middleman, the
penalty shall be imposed in its maximum period. (Art. 282) If the robbery with violence
against or intimidation of persons (except robbery with homicide, or robbery with rape,
etc.) is committed in an uninhabited place or by a band, etc. ,