11th Week - Criminal Law
criminal law, because they merely
• What is Criminal Law?
- A branch or division of law which
defines crimes, treats of their nature and
provides for their punishment.
- Is that branch of public law which
defines criminal offenses and prescribes
specific punishment for them. It is a
branch of public law because it treats of
acts or omissions of the citizen which
are deemed primarily as wrongs against
the State more than against the
offender.
- Penal laws are those acts of legislature
which prohibit certain acts and establish
penalties for their violations; or those
that define crimes, treat of their nature
and provide for their punishment.
*If the acts are prohibited by law, it is not
a crime –there is no penalty.
• What is the main source of Criminal
Law?
1) The Revised Penal Code (Act No.
3815) and its amendments.
2) Special Penal Laws passed by the
Philippine Commission, Philippine
Assembly, Philippine Legislature,
National Assembly, the Congress of the
Philippines, and the Batasang
Pambansa.
3) Penal Presidential Decrees issued
during Martial Law.
*Court decisions are not sources of
explain the meaning of, and apply, the
law as enacted by the legislative branch
of the government.
• What is mala in se?
- Violations generally found in the
Revised Penal Code are referred to as
malum in se, which literally means, that
the act is inherently evil or bad or per se
wrongful.
- Mala in se, or wrongful from their
nature, such as theft, rape, homicide,
etc.
• What is mala prohibita?
- Violations of special laws are
generally referred to as malum
prohibitum.
- Mala prohibita, or wrong merely
because prohibited by statute, such as
illegal possession of firearms.
* Crimes mala in se are those so serious
in their effects on society as to call for
almost unanimous condemnation of its
members; while crimes mala prohibita
are violations of mere rules of
convenience designed to secure a more
orderly regulation of the affairs of the
society.
* Note, however, that not all violations of
special laws are mala prohibita. While
intentional felonies are always mala in
se, it does not follow that prohibited acts
done in violation of special laws are
always mala prohibita. Even if the crime
is punished under a special law, if the
act punished is one which is inherently
wrong, the same is malum in se, and,
therefore, good faith and the lack of
criminal intent is a valid defense; unless
it is the product of criminal negligence or
culpa.
* Likewise when the special laws
requires that the punished act be
committed knowingly and willfully,
criminal intent is required to be proved
before criminal liability may arise.
When the act penalized is not inherently
wrong, it is wrong only because a law
punishes the same.
• What is the English Rule?
- Such crimes are triable in that country,
unless they merely affect things within
the vessel or they refer to the internal
management thereof. (This is applicable
in the Philippines)
• What is the French Rule?
- Such crimes are not triable in the
courts of that country, unless their
commission affects the peace and
security of the territory or the safety of
the state is endangered.
• Discuss Article 2 of the Revised
Penal Code
- Article 2. Application of its provisions. -
Except as provided in the treaties and
laws of preferential application, the
provisions of this Code shall be
enforced not only within the Philippine
Archipelago, including its atmosphere,
its interior waters and maritime zone,
but also outside of its jurisdiction,
against those who:
1. Should commit an offense while on a
Philippine ship or airship;
*How to determine the ship? –by
registry and flag
2. Should forged or counterfeit any coin
or currency note of the Philippine
Islands or obligations and securities
issued by the Government of the
Philippine Islands; (REPUBLIC OF
THE PHILIPPINES)
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 offense in
the exercise of their functions; or
5. Should commit any of the crimes
against national security and the law of
nations, defined in Title One of Book
Two of this Code. (Treason, Piracy)
Scope of the application of the
provisions of the Revised Penal Code:
The provisions of the Revised Penal
Code shall be enforced not only within
the Philippine Archipelago, but also
outside of its jurisdiction in certain
cases.
The five paragraphs of Article 2 treat of
the application of the Revised Penal
Code to acts committed in the air, at
sea, and even in a foreign country when
such acts affect the political and
economic life of the nation.
• Discuss Article 3 of the Revised
Penal Code
- Article 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.
• What is felony? (or offense)
- Acts and omissions punishable by the
Revised Penal Code.
Elements of felonies
1) That there must be act or
omission.
2) That the act or omission must be
punishable by the Revised Penal
Code.
3) That the act is performed or the
omission incurred by means of
dolo or culpa.
• What is dolo?
- There is deceit when the act is
performed with deliberate intent.
- Dolus is equivalent to malice, which is
the intent to do an injury to another.
• What are the requisites of dolo?
- In order that an act or omission may be
considered as having been performed or
incurred with deliberate intent, the
following requisites may incur:
1) He must have FREEDOM while doing
an act or omitting to do an act;
*he is free to do so
2) He must have INTELLIGENCE while
doing the act or omitting to do an act;
*he is not aware
3) He must have INTENT while doing
the act or omitting to do an act.
• What is culpa?
- There is fault when the wrongful act
results from imprudence, negligence,
lack of foresight, or lack of skill.
- Between an act performed voluntarily
and intentionally, and another
committed unconsciously and quite
unintentionally, there exists another,
performed without malice, but at the
same time punishable, though in a
lesser degree and with an equal result,
an intermediate act which the Penal
Code qualifies as imprudence or
negligence.
• What are the requisites of culpa?
- There is culpable felony if the offender,
in doing the act or in omitting to do an
act, has done so with FREEDOM,
INTELLIGENCE, and IMPRUDENCE,
NEGLIGENCE, LACK of FORESIGHT
or LACK OF SKILL.
1. Imprudence – It usually involves lack
of skill. A deficiency of action or failure
to take necessary precaution to avoid
injury or damage such as when a driver
fails to check and determine the road
worthiness of his vehicle before hitting
the road where thereafter he had a
brake failure which caused him to run
over a pedestrian. Such may have been
avoided if he had prudently checked his
vehicle.
2. Negligence – It usually involves lack
of foresight. A deficiency of perception
or failure to pay proper attention and to
use diligence to avoid a foreseeable
damage or injury such as when a cop
indiscriminately fires his gun in the air
during New Year’s Eve which caused
injury to another. had the cop foreseen
that firing his gun in open air might
injure someone the incident would not
have happened.
- Imprudence indicates a deficiency of
action. Negligence indicates a found in the doctrine that “el que es
deficiency of perception. If a person fails
to take the necessary precaution to
avoid injury to person or damage to
property, there is imprudence. If a
person fails to pay proper attention and
to use due diligence in foreseeing the
injury or damage impending to be
caused, there is negligence.
- Negligence usually involves lack of
foresight. Imprudence usually involves
lack of skill.
• Discuss first paragraph Article 4 of
the Revised Penal Code
- Article 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 on account of the
employment of inadequate or ineffectual
means.
• What is the purpose of the first
paragraph Article 4?
- In the view of paragraph 1 of Article 4,
a person committing a felony is
criminally liable although the
consequences of his felonious act are
not intended by him.
- The rationale of the rule in Article 4 is
causa del a causa es causa del mas
causado” (he who is the cause of the
cause is the cause of the evil caused)
*mistake in the blow, mistake in the
identity
• What is praeter intentionem?
- The injurious result is greater than that
intended.
Ex. People v. Cagoco, 58 Phil 524, it
was held that the accused was liable for
the death of the victim, although he had
no intent to kill the said victim.
• What is an impossible crime?
- An impossible crime is an act which
would be an offense against person or
property, were it not for the inherent
impossibility of its accomplishment or on
account of the employment of
inadequate or ineffectual means.
• What are the requisites or
impossible crime?
- The requisites of an impossible crime
are:
1. That the act performed would be an
offense against persons or property;
2. That the act was done with evil intent;
3.That its accomplishment was
inherently impossible, or the means
employed was either inadequate or
ineffectual. (Jacinto vs. People, G.R.
No. 162540, July 13, 2009)
4. That the act performed should not
constitute a violation of another
provision of the RPC.
Essential Requisites:
a) that an intentional felony has been
committed
b) that the wrong done to the aggrieved
party be the direct, natural and logical
consequence of the felony committed by
the offender.
• What is the reason for punishing
impossible crime?
- To suppress criminal propensity or
criminal tendencies. Objectively, the
offender has not committed a felony, but
subjectively, he is a criminal.
• Discuss Article 6 of the Revised
Penal Code
Article 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 overacts, 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.
• What are the elements of an
attempted felony?
- There is an attempt when the offender
commences the commission of a felony
directly or overacts, 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.
1. The offender commences the
commission of the felony directly by
over acts;
2. He does not perform all the acts of
execution which should produce the
felony;
3. The offender’s act is not stopped by
his own spontaneous desistance;
4. The non-performance of all acts of
execution was due to cause or accident
other than his spontaneous desistance.
• What is an over act?
- An over act 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.
• What are the elements of an
frustrated felony?
- 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.
1. The offender performs all the acts
of execution;
2. All the acts performed would
produce the felony as a consequence;
3. But the felony is not produced;
4. By reason of causes independent
of the will of the perpetrator.
• What are the elements of an
consummated felony?
- A felony is consummated when all the
elements necessary for its execution
and accomplishment are present.
• Discuss the manner of committing a
crime
1. Formal Crimes - consummated in one
instant, no attempt.
There are crimes, like slander
and false testimony, which are
consummated in one instant, by a single
act.
2. Crimes consummated by mere
attempt or proposal by the over act.
a) Flight to enemy’s country - in this
crime the mere attempt to flee to
an enemy country is
consummated felony.
b) Corruption of minors - a mere
proposal to the minor to satisfy
lust of another will consummate
the offense.
3. Felony by omission
There can be no attempted stage
when the felony is by omission, because
this kind of felony the offender does not
execute acts. He omits to perform an act
which the law requires him to do.
4. Crimes requiring the intervention of
two persons to commit them are
consummated by mere agreement.
5. Material Crimes - there are three
stages of execution.
Thus homicide, rape, ect., are not
consummated in one instant or by a
single act.
a) Consummated rape
b) Frustrated rape
c) Attempted rape
d) Consummated homicide
e) Frustrated murder
f) Attempted homicide
• What is conspiracy?
- A conspiracy exists when two or more
persons come to an agreement
concerning the commission of a felony
and decide to commit it.
• What is proposal to commit
conspiracy?
- There is proposal when the person
who has decided to commit a felony
proposes its execution to some other
person or persons.
• Is proposal to commit conspiracy a
crime?
- Article 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
therefore.
• What is grave felony?
- 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.
• What is a less grave felony?
- 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.
• What is a light felony? Discuss
relation to Article 7
- Light felonies are those infractions of
law for the commission of which the
penalty of arresto menor or a fine not
exceeding 200 pesos (Forty thousand
pesos (P40,000)) or both is provided.
- Article 7. When light felonies are
punishable. - Light felonies are
punishable only when they have been
consummated, with the exception of
those committed against person or
property.
• What is the reason for penalizing
the commission of light felony?
- Article 9 classifies felonies according
to their gravity. The gravity of felonies is
determined by the penalties attached to
them by the law.
• Discuss Article 10 of the Revised
Penal Code
- Article 10. Offenses not subject to the
provisions of this Code. - Offenses
which are or in the future may be
punishable under special laws are not
subject to the provisions of this Code.
This Code shall be supplementary to
such laws, unless the latter should
specially provide the contrary.
• What are the principal penalties Accessory Penalties
stated in Article 25 of the Revised - Perpetual or temporary absolute
Penal Code disqualification,
- Article 25. Penalties which may be - Perpetual or temporary special
imposed. - The penalties which may be disqualification,
imposed according to this Code, and - Suspension from public office,
their different classes, are those the right to vote and be voted for,
included in the following: the profession or calling.
- Civil interdiction,
Scale - Indemnification,
Principal Penalties - Forfeiture or confiscation of
Capital punishment: instruments and proceeds of the
Death. offense,
Afflictive penalties: - Payment of costs.
- Reclusion perpetua, (20 years
and 1 day to 30 years)
- Reclusion temporal, (12 years Felonies against persons are:
and 1 day to 20 years) - Parricide
- Perpetual or temporary absolute - Murder
disqualification, (6 years and 1 - Homicide
- Infanticide
day to 12 years)
- Abortion
- Perpetual or temporary special
- Duel
disqualification, - Physical Injuries
- Prision mayor. - Rape
Correctional penalties: Felonies against property are:
- Prision correccional, (6 months - Robbery
and 1 day to 6 years) - Brigandage
- Arresto mayor, (1 month and 1 - Theft
day to 6 months) - Usurpation
- Suspension, (6 months and 1 - Culpable insolvency
day to 6 years) - Swindling and other deceits
- Chattel mortgage
- Destierro.
- Arson and other crimes involving
Light penalties:
destruction
- Arresto menor, (1 day to 30 - Malicious mischief
days)
- Public censure.
Penalties common to the three
preceding classes:
- Fine, and
- Bond to keep the peace.