criminal law art 1-11

7/31/2019 Criminal Law Art 1-11

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CRIMINAL LAW A branch of municipal law which defines crimes treats of their nature

and provides for their punishment.

Characteristics of Criminal Law:

1. General binding on all persons who reside or sojourn in the PhilippinesExceptions:

a. Treaty Stipulation

b. Laws of Preferential Application

c. Principles of Public International Law

Ex:i. sovereigns and other chiefs of state

ii. Ambassadors, ministers plenipotentiary, minister resident and charges daffaires

(BUT consuls, vice-consuls and other foreign commercial representatives CANNOT claim the

privileges and immunities accorded to ambassadors and ministers.)

2. Territorial penal laws of the Philippines are enforceable only within its territoryExceptions: (Art. 2 of RPC binding even on crimes committed outside the Philippines)

a. offense committed while on a Philippine ship or airship

b. forging or counterfeiting any coin or currency note of the Philippines or obligations

and the securities issued by the Government

c. introduction into the country of the above-mentioned obligations and securities

d. while being public officers and employees, an offense committed in the exercise of

their functions

e. crimes against national security and the law of the nations defined in TitleOne of Book

Two

3. Prospective the law does not have any retroactive effect.Exception: when the law is favorable to the accused

Exceptions to the Exception:

a. The new law is expressly made in applicable to pending actions or existing causes of actionb. Offender is a habitual criminal

Theories of Criminal Law:

1. Classical Theorybasis is mans free will to choose between good and evil, that is why morestress is placed upon the result of the felonious act than upon the criminal himself. The purpose

of penalty is retribution. The RPC is generally governed by this theory

2. Positivist Theory basis is the sum of social and economic phenomena which conditions man todo wrong in spite of or contrary to his volition. This is exemplified in the provisions on

impossible crimes and habitual delinquency.

3. Mixed Theory combination of the classical and positivist theories wherein crimes that areeconomic and social in nature should be dealt in a positive manner. The law is thus more

compassionate.

Construction of Penal Laws:

1. Liberally construed in favor of offenderEx:

a. the offender must clearly fall within the terms of the law

b. an act is criminal only when made so by the statute

2. In cases of conflict with official translation, original Spanish text is controlling,


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3. No interpretation by analogy.

LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS:

1. Ex post facto law

2. Bill of attainder

3. Law that violates the equal protection clause of the constitution

4. Law which imposes neither cruel and unusual punishments nor excessive fines.

GENERAL PROVISIONS:

ART.1: TIME WHEN ACT TAKES EFFECT

RPC took effect February 1, 1932.

ART.2: APPLICATION OF ITS PROVISIONS

RULES:

1. Philippine vessel or airship Philippine law shall apply to offenses committed in vesselsregistered with the Philippine Bureau of Customs. It is the registration, not the citizenship of the

owner which matters.

2. Foreign vessel

a. French Rule

General Rule: Crimes committed aboard foreign vessel within the territorial waters of a country

are NOT triable in the courts of such country.

Exception: Commission affects the peace and security of the territory, or the safety of

the state is endangered.

b. 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.

Exception: When the crime merely affects things within the vessel or it refers to theinternal management thereof.

*This is applicable in the Philippines.

Title One: FELONIES AND CIRCUMSTANCESWHICH AFFECT CRIMINAL LIABILITY

Chapter One: FELONIES

Felonies acts and omissions punishable by the Revised Penal Code

Crime acts and omissions punishable by any law

Act an overt or external act

Omission failure to perform a duty required by law

ELEMENTS:

1. There must be an act or omission

2. This must be punishable by the RPC

3. Act or omission was done by means of dolo or culpa


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NULLUM CRIMEN, NULLA POENA SINE LEGE

There is no crime when there is no law punishing it.

Classification Of Felonies

According To The Means By Which They Are Committed:

1. Intentional Felonies- by means of deceit(dolo)Requisites:

a. freedom

b. intelligence

c. intent.

MISTAKE OF FACT misapprehension of fact on the part of the person who causedinjury to

another. He is not criminally liable.

Requisites:

a. the act done would have been lawfulhad the facts been as the accusedbelieved them to

bebintention is lawfulb.mistake must be without fault or carelessness by the accused

2. Culpable Felonies- by means of fault (culpa)

Requisites:

a. freedom

b. intelligence

c. negligence (lack of foresight) andimprudence (lack of skill)

MALA IN SE v. MALA PROHIBITA

MalainseMala

Mala in se Mala Prohibita

Moral trait of offender Considered Not considered

Good faith as a defense Valid defense, unless the crime is

the result of culpa

Not a defense; intent not

necessary sufficient that the

offender has the intent to

perpetrate the act prohibited by

the special law.

Degree of accomplishment of

the crime

Taken into account Taken into account only when

consummated

Mitigating and aggravating

circumstance

Taken into account in imposing

penalty

GENERALLY not taken into

account

Degree of participation When there is more than one

offender, it is taken into

consideration

GENERALLY not taken into

account

Laws violated GENERAL RULE : RPC GENERAL RULE : Special Penal

Laws


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INTENT v. MOTIVE

Intent Motive

Purpose to use a particular means to effect a result Moving power which impels one to act

Element of the crime except in crimes committed

with culpa

Not an element

Essential in intentional felonies Essential only when the identity of the felon is in

doubt

ART. 4: CRIMINAL LIABILITY

Par.1 Criminal liability for a felony committed different from that intended to be committed

Requisites:

1. felony has been committed intentionally

2. injury or damage done to the other party is the direct, natural and logical consequence of the

felony

Hence, since he is still motivated by criminal intent, the offender is criminally liable in:

1. Error in personae mistake in identity

2. Abberatio ictus mistake in blow

3. Praetor intentionem lack of intent to commit so grave a wrong

PROXIMATE CAUSE the cause, which in the natural and continuous sequence unbroken by any efficient

intervening cause, produces the injury, without which the result would not have occurred

Par. 2 Impossible Crime

Requisites:

1. Act would have been an offense against persons or property.

2. There was criminal intent.

3. Accomplishment is inherently impossible; or inadequate or ineffectual means are employed.

4. Act is not an actual violation of another provision of the Code or of special law.

Impossible crime occurs when there is:1. inherent impossibility to commit the crime

2. inadequate means to consummate the crime

3. ineffectual means to consummate the crime

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


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Note: Paragraph 2 does not apply to crimes punishable by special law, including profiteering, and

illegal possession of firearms or drugs. There can be no executive clemency for these crimes.

Art. 6: CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES

STAGES OF EXECUTION:

1. CONSUMMATED when all the elements necessary for its execution and accomplishment arepresent

2. FRUSTRATEDElements:

a. offender performs all acts of execution

b. all these acts would produce the felony as a consequence

c. BUT the felony is NOT produced

d. by reason of causes independent of the will of the perpetrator.

3. ATTEMPTEDElements:

a. offender commences the felony directly by overt acts

b. does not perform all acts which would produce the felony

c. his acts are not stopped by his own spontaneous desistance

Attempted Frustrated Consumated

Overt acts of execution

are started

All acts of execution are

present

All the acts of execution

are present

Not all acts of execution

are present

Crime sought to be

committed is not

achieved

The result sought is

achieved

Due to reasons otherthan the spontaneous

desistance of the

perpetrator

Due to interveningcauses independent of

the will of the

perpetrator

Crimes, which do not admit of Frustrated and Attempted Stages:

1. Offenses punishable by Special Penal Laws, unless the law provides otherwise

2. Formal crimes consummated in one instance (Ex: slander, adultery, etc.)

3. Impossible Crimes

4. Crimes consummated by mere attempt (Ex: attempt to flee to an enemy country, treason, corruption

of minors)5. Felonies by omission

6. Crimes committed by mere agreement (Ex: betting in sports: ending,corruption of public officers)

Crimes which DO NOT admit of Frustrated Stage:

1. Rape

2. Bribery


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3. Corruption of Public Officers

4. Adultery

5. Physical Injury

2 stages in the development of a crime:

1. Internal acts- e.g. mere ideas of the mind- not punishable

2. External acts

a. Preparatory acts - ordinarily not punishable except when considered by law as

independent crimes (e.g. Art. 304, Possession of picklocks and similar tools)

b. Acts of Execution - punishable under the RPC

ART.7: WHEN LIGHT FELONIES ARE PUNISHABLE

General Rule: Punishable only when they have been consummated

Exception: Even if not consummated, if committed against persons or property

Ex: slight physical injuries, theft, alteration of boundary marks, malicious mischief, and intriguing against

honor.

Note: Only principals and accomplices are liable; accessories are NOT liable even if committed against

persons or property.

ART. 8: CONSPIRACY AND PROPOSAL TO COMMIT FELONY

CONSPIRACY

Requisites:

1. Two or more persons come to an agreement

2. For the commission of a felony

3. And they decide to commit it

Concepts of Conspiracy:

1. As a crime in itselfEx: conspiracy to commit rebellion, insurrection, treason, sedition, coup d etat

2. Merely as a means to commit a crimeRequisites:

a. a prior and express agreementb. participants acted in concert or simultaneously, which is indicative of a meeting of the minds

towards a common criminal objective

Note: Conspiracy to commit a felony is different from conspiracy as a manner of incurring criminal

liability.

General Rule: Conspiracy to commit a felony is not punishable since it is merely a preparatory act.


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Exception: when the law specifically provides for a penalty

Ex: rebellion, insurrection, sedition, coup detat

General Rule: The act of one is the act of all.

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 an indivisible offense.

OVERT ACTS IN CONSPIRACY MUST CONSIST OF:

1. Active participation in the actual commission of the crime itself, or2. Moral assistance to his co-conspirators by being present at the time of the commission of the

crime, or

3. Exerting a moral ascendance over the other co-conspirators by moving them to execute orimplement the criminal plan

People v. Abut, et al. (GR No. 137601, April 24,2003)

PROPOSAL TO COMMIT A FELONY

Requisites:

1. A person has decided to commit a felony

2. And proposes its execution to some other person or persons

Conspiracy Proposal

Elements Agreement to commit AND

commission

Person decides to commit a

crime AND proposes the same

anotherCrimes Conspiracy to commit sedition,

treason, rebellion, coup d etat

Proposal to commit treason,

rebellion, coup d etat

*no proposal to commit sedition

ART. 9: GRAVE FELONIES, LESS GRAVEFELONIES AND LIGHT FELONIES

Importance of Classification

1. To determine whether the felonies can be complexed or not.

2. To determine the prescription of the crime and of the penalty.

Penalties (imprisonment):

1. Grave feloniesafflictive penalties: 6 yrs. and 1 day to reclusion perpetua (life)2. Less grave feloniescorrectional penalties:

1 month and 1 day to 6 years

3. Light felonies - arresto menor (1 day to 30days)ART. 10: OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE


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General Rule:RPC provisions are supplementary to special laws.

Exceptions:

1. when special law provides otherwise

2. when provision of RPC are impossible of application, either by express provisionor by necessary implication

Special Laws RPC

Term Improsonment Prison

correctional,prisonmayor,arresto

mayor, etc.

Attempted or Frustrated Stages General Rule: Not punishable

Exception : Unless otherwise stated

Punishable

Plea of guilty as mitigating

circumstance

No Yes

Minimum, medium and maximum

periods

Not applicable Yes

Penalty for accessory or accomplice General Rule :

None

Exception : Unless otherwise stated

Yes

Provisions of RPC applicable to special laws:

Art. 16 Participation of Accomplices

Art. 22 Retroactivity of Penal laws if favorable to the accused

Art. 45 Confiscation of instruments used in the crime

Note:When thespecial law adopts the penalties imposed in the RPCi.e. penalties as reclusion perpetua, prision correccional,

etc. the provisions of the RPC on imposition of penalties based on stages of execution, degree of participation and attendance

of mitigating and aggravating circumstance may be applied by necessary implication.


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CHAPTER TWO

JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES, WHICH EXEMPT FROMCRIMINAL LIABILITY

ART. 11. JUSTIFYING CIRCUMSTANCES

Justifying Circumstances where the act of a person is in accordance with law such that said person is

in accordance with law such that said person is deemed not to have violated the law.

General Rule: No criminal and civil liability incurred.

Exception: There is civil liability with respect to par. 4 where the liability is borne by persons

benefited by the act.

Par. 1 Self - defense

Elements:

1. Unlawful Aggression

indispensable requirement There must be actual physical assault or aggression or an immediate and imminent

threat, which must be offensive and positively strong.

The defense must have been made during the existence of aggression, otherwise, it isno longer justifying.

While generally an agreement to fight does not constitute unlawful aggression, violationof the terms of the agreement to fight is considered an exception.

2. Reasonable necessity of the means employed to prevent or repel it

Test of reasonableness depends on:

(1) weapon used by aggressor

(2) physical condition, character, sizeand other circumstances of aggressor

(3) physical condition, character, sizeand circumstances of persondefending himself

(4) place and occasion of assault

3. Lack of sufficient provocation on the partof the person defending himself

NOTE: Perfect equality between the weapons used, nor material commensurability between the means

of attack and defense by the one defending himself and that of the aggressor is not requiredREASON : the person assaulted does not have sufficient opportunity or time to think and calculate.

Rights included in self-defense:

1. defense of person

2. defense of rights protected by law

3. defense of property (only if there is also an actual and imminent danger on the person of the

one defending)


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4. defense of chastity

Kinds of Self-Defense:

1. self-defense of chastity there must be an attempt to rape the victim2. defense of property must be coupled with an attack on the person of the owner, or on

one entrusted with the care of such property.

3. self-defense in libel justified when the libel is aimed at a persons 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.

NOTE: Under Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004),victim-

survivors who are found by the Courts to be suffering from Battered Woman Syndrome (BWS) do not

incur any criminal or civil liability despite absence of the necessary elements for the justifying

circumstance of self-defense in the RPC. BWS is a scientifically defined pattern of psychological and

behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

Par. 2 Defense of Relative

Elements:1. unlawful aggression (indispensable requirement)2. reasonable necessity of the means employed to prevent or repel it3. In case the provocation was given by the person attacked, the one making the defense had

no part in such provocation.

Relative entitled to the defense:

1. Spouse2. Ascendants3. descendants4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same

degrees5. Relatives by consanguinity within the 4th civil degree

NOTE: The relative defended may be the original aggressor. All that is required to justify the

act of the relative defending is that he takes no part in such provocation.

Par. 3 Defense of Stranger

Elements:

1. Unlawful aggression ( indispensable requirement)2. Reasonable necessity of the means employed to prevent or repel it3. Person defending be not induced by revenge, resentment or other evil motive.

Par.4 State of Necessity (avoidance of Greater Evil or Injury)

Elements:

1. Evil sought to be avoided actually exists2. Injury feared be greater than that done to avoid it


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3. No other practical and less harmful means of preventing it.NOTE: The necessity must be due to the negligence or violation of any law by the actor.

Par. 5 Fulfillment of Duty or Lawful Exercise of a Right or Office

Elements:

1. Accused acted in the performance of duty or in the lawful exercise of aright or office2. The injury caused or offense committed be the necessary consequence of the due performance

of the duty, or the lawful exercise of such right or office.

NOTE: 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. It must also be shown that the offense

committed was the necessary consequence of such fulfillment of duty, or lawful exercise of a right

or office.

Par. 6 Obedience to a Superior Order

Elements:

1. An order has been issued2. Order has a lawful purpose (not patently illegal)3. Means used by subordinate to carry out said order is lawful

NOTE: The superior officer 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 uncontrollable

fear.

criminal law art 1-11

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