CCCRRRIIIMMMIIINNNAAALLL
BAR REVIEWER
UP LAW2012
Criminal Law 1
Criminal Law 2
LAWDean Danilo L. Concepcion
Dean, UP Colle...
CRIMINAL LAW REVIEWER
2
CCCRRRIIIMMMIIINNNAAALLL
BAR REVIEWER
UP LAW2012
BAR OPERATIONS COMMISSION 2012
EXECUTIVE COMMITTE...
CCCRRRIIIMMMIIINNNAAALLL
LAW
2012 UP Law Bar Reviewer
Copyright and all other relevant rights over this
material are owned...
CRIMINAL LAW REVIEWER
4 Criminal Law 1
CHAPTER I. FUNDAMENTAL PRINCIPLES
OF CRIMINAL LAW ..........................14
A. D...
CCCRRRIIIMMMIIINNNAAALLL
LAW12. Analogous Mitigating
Circumstances.......................... 58
D. Aggravating Circumstanc...
CRIMINAL LAW REVIEWER
6
3. Suspension from Public Office,
the Right to Vote and Be Voted for,
the Right to Practice a Prof...
CCCRRRIIIMMMIIINNNAAALLL
LAW4. Article 136 - Conspiracy and
Proposal to Commit Coup d‘ État,
Rebellion or Insurrection ......
CRIMINAL LAW REVIEWER
8
6. Article 166 - Forging Treasury
or Bank Notes or Other Documents
Payable to Bearer; Importing an...
CCCRRRIIIMMMIIINNNAAALLL
LAWA. Chapter I: Preliminary Provisions189
B. Chapter II: Malfeasance and
Misfeasance in Office ....
CRIMINAL LAW REVIEWER
10
8. Article 238 - Abandonment of
Office or Position .....................199
9. Article 239 - Usur...
CCCRRRIIIMMMIIINNNAAALLL
LAW10. Article 285 – Other Light
Threats.................................219
11. Article 286 - Gr...
CRIMINAL LAW REVIEWER
12
1. Article 319 - Removal, Sale, or
Pledge of Mortgaged Property ......237
H. Chapter 8: Arson and...
CRIMINAL LAW REVIEWER
13
CCCRRRIIIMMMIIINNNAAALLL
LAW
BAR OPERATIONS COMMISSION 2012
EXECUTIVE COMMITTEE
Ramon Carlo Marca...
Criminal Law 1
CRIMINAL LAW
Criminal Law 1
Criminal Law 2
I. Fundamental Principles of Criminal
Law
II. Felonies
III. Circ...
CRIMINAL LAW REVIEWER
15
good faith and the lack of criminal intent are valid
defenses; unless it is the product of crimin...
CRIMINAL LAW REVIEWER
16
violation of B.P. Blg. 22 (3 counts). The husband
applied for probation while the wife appealed
a...
CRIMINAL LAW REVIEWER
17
(a) Philippine authorities shall have the primary
right to exercise jurisdiction over all offense...
CRIMINAL LAW REVIEWER
18
(1) Terrestrial jurisdiction is the jurisdiction
exercised over land.
(2) Fluvial jurisdiction is...
CRIMINAL LAW REVIEWER
19
ix. Illegal use of public funds or property
(A.220)
x. Failure to make delivery of public funds
o...
CRIMINAL LAW REVIEWER
20
Rationale for the prospectivity rule: the
punishability of an act must be reasonably known for
th...
CRIMINAL LAW REVIEWER
21
(3)Changes the punishment and inflicts a greater
punishment than the law annexed to the crime
whe...
CRIMINAL LAW REVIEWER
22
CHAPTER II. FELONIES
A. PRELIMINARY MATTERS
B. CLASSIFICATION OF FELONIES
C. ELEMENTS OF CRIMINAL...
CRIMINAL LAW REVIEWER
23
must be intent to gain (Art. 293 – robbery, Art 308 –
theft). Intent to kill is essential in atte...
CRIMINAL LAW REVIEWER
24
comprehensively, 'the proximate legal cause is that
acting first and producing the injury, either...
CRIMINAL LAW REVIEWER
25
After so many weeks of treatment in a clinic, the
doctor pronounced that the wound was already
he...
CRIMINAL LAW REVIEWER
26 1. According to the Manner of Their
Commission
Under Art. 3, they are classified as:
a. Intention...
CRIMINAL LAW REVIEWER
27
If the penalty is exactly P200.00, apply Art. 26
(with respect to prescription of penalties). It ...
CRIMINAL LAW REVIEWER
28 Recuerdo v. People (2006):
 General criminal intent is an element of all
crimes but malice is pr...
CRIMINAL LAW REVIEWER
29
The intent is presumed from the resort to the knife,
so that means he desires to kill Bert, the f...
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Criminal law reviewer

  1. 1. CCCRRRIIIMMMIIINNNAAALLL BAR REVIEWER UP LAW2012 Criminal Law 1 Criminal Law 2 LAWDean Danilo L. Concepcion Dean, UP College of Law Prof. Concepcion L. Jardeleza Associate Dean, UP College of Law Prof. Ma. Gisella D. Reyes Secretary, UP College of Law Prof. Florin T. Hilbay Faculty Adviser, UP Law Bar Operations Commission 2012 Ramon Carlo F. Marcaida Commissioner Eleanor Balaquiao Mark Xavier Oyales Academics Committee Heads Camille Umali Charmaine Sto. Domingo Criminal Law Subject Heads Graciello Timothy Reyes Layout UP LAW BAR OPERATIONS COMMISSION
  2. 2. CRIMINAL LAW REVIEWER 2 CCCRRRIIIMMMIIINNNAAALLL BAR REVIEWER UP LAW2012 BAR OPERATIONS COMMISSION 2012 EXECUTIVE COMMITTEE Ramon Carlo Marcaida |Commissioner Raymond Velasco • Mara Kriska Chen |Deputy Commissioners Barbie Kaye Perez |Secretary Carmen Cecilia Veneracion |Treasurer Hazel Angeline Abenoja|Auditor COMMITTEE HEADS Eleanor Balaquiao • Mark Xavier Oyales | Acads Monique Morales • Katleya Kate Belderol • Kathleen Mae Tuason (D) • Rachel Miranda (D) |Special Lectures Patricia Madarang • Marinella Felizmenio |Secretariat Victoria Caranay |Publicity and Promotions Loraine Saguinsin • Ma. Luz Baldueza |Marketing Benjamin Joseph Geronimo • Jose Lacas |Logistics Angelo Bernard Ngo • Annalee Toda|HR Anne Janelle Yu • Alyssa Carmelli Castillo |Merchandise Graciello Timothy Reyes |Layout Charmaine Sto. Domingo • Katrina Maniquis |Mock Bar Krizel Malabanan • Karren de Chavez |Bar Candidates’ Welfare Karina Kirstie Paola Ayco • Ma. Ara Garcia |Events OPERATIONS HEADS Charles Icasiano • Katrina Rivera |Hotel Operations Marijo Alcala • Marian Salanguit |Day-Operations Jauhari Azis |Night-Operations Vivienne Villanueva • Charlaine Latorre |Food Kris Francisco Rimban • Elvin Salindo |Transpo Paula Plaza |Linkages LAWCRIMINAL LAW TEAM 2012 Faculty Editor | Prof. Jay Batongbacal Subject Heads | Camille Umali • Charmaine Sto. Domingo LAYOUT TEAM 2012 Layout Artists | Alyanna Apacible • Noel Luciano • RM Meneses • Jenin Velasquez • Mara Villegas • Naomi Quimpo • Leslie Octaviano • Yas Refran • Cris Bernardino Layout Head| Graciello Timothy Reyes UP LAW BAR OPERATIONS COMMISSION
  3. 3. CCCRRRIIIMMMIIINNNAAALLL LAW 2012 UP Law Bar Reviewer Copyright and all other relevant rights over this material are owned jointly by the University of the Philippines College of Law and the Student Editorial Team. The ownership of the work belongs to the University of the Philippines College of Law. No part of this book shall be reproduced or distributed without the consent of the University of the Philippines College of Law. All Rights reserved. UP LAW BAR OPERATIONS COMMISSION
  4. 4. CRIMINAL LAW REVIEWER 4 Criminal Law 1 CHAPTER I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW ..........................14 A. Definition of Criminal Law ........ 14 1. Difference between Mala in Se and Mala Prohibita.......................... 14 B. Scope of Application and Characteristics of the Philippine Criminal Law 16 0. Generality ........................ 16 1. Territoriality ..................... 17 2. Prospectivity ..................... 19 3. Legality (nullum crimen nulla poena sine lege) ....................... 20 4. Strict Construction of Penal Laws Against State: The ―Doctrine of Pro Reo‖ ..................................... 20 C. Constitutional limitations on the power of Congress to enact penal laws in the Bill of Rights.......................... 20 1. Equal protection ................. 20 2. Due process....................... 20 3. Non-imposition of cruel and unusual punishment or excessive fines 20 4. Bill of attainder .................. 20 5. Ex post facto law ................ 20 CHAPTER II. FELONIES .....................22 A. Preliminary matters ................ 22 1. Differentiating Felonies, Offense, Misdemeanor and Crime .............. 22 1. Felonies: How Committed......... 22 2. How is Criminal Liability Incurred?................................ 22 3. Discussion of Article 5........... 23 4. Wrongful Act Different from that Intended ................................ 23 5. Omission .......................... 25 B. Classifications of Felonies......... 25 1. According to the Manner of Their Commission............................. 26 2. According to the Stages of Their Execution ............................... 26 3. According to Their Gravity ..... 26 4. As to Count ....................... 27 5. As to Nature ...................... 27 C. Elements of Criminal Liability .... 27 1. Elements of Felonies ............ 27 Intentional Felonies ................... 27 D. Impossible Crimes .................. 31 E. Stages of Execution................. 32 F. Conspiracy and Proposal ........... 36 G. Multiple Offenders.................. 39 1. Recidivism......................... 40 2. Habituality (Reiteracion) ....... 40 3. Quasi-Recidivism ................. 40 4. Habitual Delinquency............ 40 H. Complex Crimes and Special Complex Crimes........................... 40 1. Complex Crimes.................. 41 2. Special Complex/Composite crimes ................................... 42 3. Continued and Continuing Crimes (Delito Continuado) ................... 42 CHAPTER III. CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY ..............44 A. Justifying Circumstances .......... 44 1. Self Defense ...................... 44 2. Defense of Relatives............. 46 3. Defense of Strangers ............ 46 4. Avoidance of a Greater Evil .... 46 5. Fulfillment of Duty or Lawful Exercise of Right or office............ 47 6. Obedience to an order issued for some lawful purpose .................. 47 B. Exempting Circumstances ......... 48 1. Insanity and Imbecility .......... 49 2. Minority............................ 49 3. Accident........................... 50 4. Irresistible Force................. 50 5. Uncontrollable Fear ............. 51 6. Insuperable or Lawful Causes .. 51 C. Mitigating Circumstances .......... 51 1. Incomplete Justification and Exemption .............................. 52 2. Under 18 Or Over 70 Years Of Age 53 3. No Intention to Commit So Grave A Wrong (Praeter Intentionem)...... 53 4. Sufficient Provocation or Threat 54 5. Immediate Vindication of A Grave Offense.................................. 54 6. Passion or obfuscation (Arrebato y Obsecacion) .......................... 55 7. Voluntary Surrender ............. 56 8. Plea Of Guilt...................... 57 9. Plea to a Lesser Offense ........ 57 10. Physical Defects............... 57 11. Illness........................... 57
  5. 5. CCCRRRIIIMMMIIINNNAAALLL LAW12. Analogous Mitigating Circumstances.......................... 58 D. Aggravating Circumstances........ 58 1. Generic............................ 59 1. Taking Advantage of Public Office 59 2. In Contempt of or With Insult to Public Authorities ............... 59 3. With Insult or Lack of Regard Due to Offended Party by Reason of Rank, Age or Sex.................... 60 4. Abuse of Confidence and Obvious Ungratefulness............ 61 5. Crime in Palace or in Presence of the Chief Executive ............. 62 6. Nighttime (Nocturnidad); Uninhabited Place (Despoblado); With a Band (Cuadrilla)............ 62 7. On Occasion of a Calamity .. 63 8. Aid of Armed Men or Means to Ensure Impunity (Auxilio de Gente Armada).............................. 63 9. Recidivism (Reincidencia) ... 64 10. Reiteracion/Habituality... 65 11. Prize, Reward or Promise. 66 12. lInundation, Fire, Poison.. 66 13. Evident Premeditation (Premeditacion Conocida)......... 66 14. Craft (Astucia), Fraud (Fraude) or Disguise (Disfraz)..... 67 15. Superior Strength or Means to Weaken Defense................. 68 16. Treachery (Alevosia) ...... 69 17. Ignominy .................... 70 18. Unlawful Entry ............. 71 19. Breaking Wall, Floor, Roof 71 20. With Aid of Persons Under 15; By Motor Vehicle ............... 71 21. Cruelty ...................... 71 E. Alternative Circumstances ........ 75 1. Relationship ...................... 75 2. Intoxication....................... 76 3. Degree of Instruction/ Education 76 F. Absolutory Causes .................. 76 1. Instigation ........................ 76 2. Pardon ............................. 77 3. Other Absolutory Causes........ 77 4. Acts Not Covered By Law And In Case Of Excessive Punishment ....... 77 CHAPTER IV.PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION .....78 A. PrincipalsError! Bookmark not defined. 1. By Direct Participation .......... 78 2. By Inducement ................... 79 3. By Indispensable Cooperation.. 79 B. Accomplices ......................... 79 C. Accessories........................... 80 CHAPTER V. PENALTIES....................83 A. General Principles .................. 83 1. Purposes........................... 84 2. Classification ..................... 84 3. Duration and Effect.............. 84 B. Penalties which may be imposed . 84 1. Scale of Principal Penalties .... 84 2. Scale of Accessory Penalties ... 85 C. Specific Principal And Accessory Penalties ................................... 86 1. Afflictive penalties .............. 86 1. Reclusion Perpetua .............. 86 2. Reclusion Temporal........... 87 3. Prision mayor .................. 87 1. Correctional penalties........... 87 1. Prision Correccional ............. 87 2. Arresto Mayor.................. 87 3. Light penalties ................... 89 1. Arresto Menor .................... 89 2. Public Censure................. 89 4. Penalties common to afflictive, correctional, and light penalties .... 89 1. Fine ................................ 89 2. Bond to Keep the Peace ........ 89 D. Accessory penalties................. 90 1. Perpetual or Temporary Absolute Disqualification ........................ 90 2. Perpetual or Temporary Special Disqualification ............ 91
  6. 6. CRIMINAL LAW REVIEWER 6 3. Suspension from Public Office, the Right to Vote and Be Voted for, the Right to Practice a Profession or Calling................................... 91 4. Civil Interdiction.............. 91 5. Indemnification or Confiscation of Instruments or Proceeds of the Offense............................... 91 6. Payment of Costs ............. 91 Perpetual or Temporary Special Disqualification ........................... 92 E. Measures not considered penalty 92 F. Application .......................... 93 1. Indeterminate Sentence Law (R.A. 4013, as amended) ............. 94 2. The Three-fold rule ............. 96 3. Subsidiary imprisonment........ 97 G. Special rules for certain situations 104 1. Complex Crimes.................104 2. Crimes Different from That Intended ...............................105 3. Where the Offender Is Below 18 Years ...................................106 H. Execution and Service ............107 1. Probation Law (P.D. 968, as amended) ..............................108 CHAPTER VI. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY .. 113 A. Prescription of crimes (Art. 90) .113 B. Prescription of penalties (Art. 92) 114 C. Pardon by the offended party ...115 D. Pardon by the Chief Executive...115 E. Amnesty.............................115 Criminal Law 2 Title I. Crimes against National Security and the Law of Nations.................. 155 A. Crimes against Security...........155 1. Article 114 – Treason...........155 2. Article 115 - Conspiracy and Proposal to Commit Treason........156 3. Article 116 - Misprision of Treason.................................156 4. Article 117 – Espionage.........157 B. Crimes against the Law of Nations 157 1. Article 118 - Inciting to War or Giving Motives for Reprisals .........157 2. Article 119 - Violation of Neutrality ..............................157 3. Article 120 - Correspondence with Hostile Country .................157 4. Article 121 - Flight to Enemy's Country.................................157 5. Article 122 - Piracy in General and Mutiny on the High Seas or in Philippine Waters .....................157 6. Article 123 - Qualified Piracy.158 Title II. Crimes against Fundamental Laws of the State ................................ 158 1. Article 124 - Arbitrary Detention 158 2. Article 125 - Delay in the Delivery of Detained Persons to the Proper Judicial Authorities...................159 3. Article 126 - Delaying Release 159 4. Article 127 – Expulsion .........160 5. Article 128 - Violation of Domicile 160 6. Article 129 - Search Warrants Maliciously Obtained, and Abuse in the Service of Those Legally Obtained .160 7. Article 130 - Searching Domicile without Witnesses ....................161 8. Article 131 - Prohibition, Interruption and Dissolution of Peaceful Meetings ....................161 9. Article 132 - Interruption of Religious Worship .....................161 10. Article 133 - Offending the Religious Feelings.....................162 Title III. Crimes against Public Order . 162 A. Chapter I – Rebellion, Coup d‘etat, Sedition and Disloyalty..................162 1. Article 134 - Rebellion /Insurrection ..........................162 2. Article 134-A - Coup d‘ État...163 3. Article 135 - Penalty for Rebellion, Insurrection or Coup d‘ État 163
  7. 7. CCCRRRIIIMMMIIINNNAAALLL LAW4. Article 136 - Conspiracy and Proposal to Commit Coup d‘ État, Rebellion or Insurrection ............164 5. Article 137 - Disloyalty of Public Officers or Employees................164 6. Article 138 - Inciting to Rebellion or Insurrection ........................164 7. Article 139 - Sedition...........164 8. Article 140 - Persons Liable for Sedition ................................165 9. Article 141 - Conspiracy to Commit Sedition ......................165 10. Article 142 – Inciting to Sedition ................................165 B. Chapter II - Crimes against Popular Representation...........................166 1. Article 143 - Acts Tending to Prevent the Meeting of the Congress of the Philippines and Similar Bodies 166 2. Article 144 - Disturbance of Proceedings............................166 3. Article 145 - Violation of Parliamentary Immunity.............166 C. Chapter III – Illegal Assemblies and Associations ..............................166 1. Article 146 - Illegal Assemblies 166 2. Article 147 - Illegal Associations 167 D. Chapter IV - Assault upon and Resistance and Disobedience to, Persons in Authority and Their Agents .........167 1. Article 148 - Direct Assault....167 2. Article 152 - Persons in Authority and Agents of Persons in Authority 168 3. Article 149 - Indirect Assault..168 4. Article 150 - Disobedience to Summons Issued by Congress, Its Committees or Subcommittees, by the Constitutional Commissions, Its Committees, Subcommittees or Divisions................................168 5. Article 151 - Resistance and Disobedience to a Person in Authority or the Agents of Such Persons ......168 E. Chapter V - Public Disorders .....169 1. Article 153 - Tumults and Other Disturbances of Public Order........169 2. Article 154 - Unlawful Use of Means of Publication and Unlawful Utterances .............................169 3. Article 155 - Alarms and Scandals 169 4. Article 156 - Delivering Persons from Jail ...............................170 F. Chapter VI - Evasion of Service of Sentence ..................................170 1. Article 157 - Evasion of Service of Sentence ...............................170 2. Article 158 - Evasion of Service of Sentence on the Occasion of Disorders, Conflagrations, Earthquakes, or Other Calamities ..171 3. Article 159 - Other Cases of Evasion of Service of Sentence .....171 G. Chapter VII - Commission of Another Crime during Service of Penalty Imposed for Another Previous Offense ..........171 1. Article 160 - Quasi Recidivism 171 H. Title IV. Crimes against Public Interest....................................171 1. Acts of Counterfeitin ...........172 1. Article 161 - Counterfeiting the Great Seal of the Government of the Philippine Islands, Forging the Signature or Stamp of the Chief Executive...............................172 2. Article 162 - Using Forged Signature or Counterfeit Seal or Stamp................................172 3. Article 163 - Making and Importing and Uttering False Coins 172 4. Article 164 - Mutilation of Coins.................................173 5. Article 165 - Selling of False or Mutilated Coin, Without Connivance 173
  8. 8. CRIMINAL LAW REVIEWER 8 6. Article 166 - Forging Treasury or Bank Notes or Other Documents Payable to Bearer; Importing and Uttering Such False or Forged Notes and Documents.....................173 7. Article 167 - Counterfeiting, Importing, and Uttering Instruments Not Payable to Bearer ............174 2. Acts of Forgery..................174 1. Article 168 - Illegal Possession and Use of False Treasury or Bank Notes and Other Instruments of Credit 174 2. Article 169 - How Forgery is Committed.............................174 3. Acts of Falsification ............174 1. Article 170 - Falsification of Legislative Documents ...............174 2. Article 171 - Falsification by Public Officer, Employee or Notary or Ecclesiastical Minister .........175 3. Article 172 - Falsification by Private Individual and Use of Falsified Documents...............177 4. Article 173 - Falsification of Wireless, Cable, Telegraph and Telephone Messages, and Use of Said Falsified Messages ...........178 5. Article 174 - False Medical Certificates, False Certificates of Merits or Service, etc. ............178 6. Article 175 - Using False Certificates.........................178 7. Article 176 - Manufacturing and Possession of Instruments or Implements for Falsification .....179 4. OTHER FALSITIES................179 1. Article 177 - Usurpation of Authority or Official Functions .....179 2. Article 178 - Using Fictitious and Concealing True Name.......179 3. Article 179 - Illegal Use of Uniforms and Insignia .............179 4. Article 180 - False Testimony Against a Defendant...............180 5. Article 181 - False Testimony Favorable to the Defendant......180 6. Article 182 - False Testimony in Civil Cases .......................180 7. Article 183 - False Testimony in Other Cases and Perjury in Solemn Affirmation ................180 8. Article 184 - Offering False Testimony in Evidence ............181 9. Article 185 - Machinations in Public Auctions.....................181 10. Article 186 – Monopolies and Combinations in Restraint of Trade 181 11. Article 187 – Importation and Disposition of Falsely Marked Articles or Merchandise Made of Gold, Silver, or other Precious Metals or their Alloys..............182 Title V. Crimes Relative to Opium and Other Prohibited Drugs .................. 182 A. Acts Punished:......................182 B. Penalties for Unlawful Acts: .....182 C. Definition of Important Terms ...183 D. Other Important Points ...........183 Title VI. Crimes against Public Morals 184 CHAPTER I: Gambling and Betting.....184 A. Chapter I - Gambling and Betting 184 1. Article 195 - What Acts Are Punishable in Gambling ..............184 2. Article 196 - Importation, Sale and Possession of Lottery Tickets or Advertisements........................185 3. Article 197 – Betting in Sports contents................................185 4. Article 198 - Illegal Betting on Horse Race.............................185 5. Article 199 (as amended by PD 449) 186 B. Chapter II. Offenses against Decency and Good Customs ............186 0.........................................186 1. Article 200 - Grave Scandal ...186 2. Article 201 - Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows ..................186 3. Article 202 - Vagrancy and Prostitution ............................187 Title VII. Crimes Committed by Public Officers ..................................... 188
  9. 9. CCCRRRIIIMMMIIINNNAAALLL LAWA. Chapter I: Preliminary Provisions189 B. Chapter II: Malfeasance and Misfeasance in Office ...................189 1. Article 204 - Knowingly Rendering Unjust Judgment .....................189 2. Article 205 - Judgment Rendered Through Negligence ..................189 3. Article 206 - Unjust Interlocutory Order ...................................190 4. Article 207 - Malicious Delay in the Administration of Justice.......190 5. Article 208 - Prosecution of Offenses; Negligence and Tolerance 190 6. Article 209 – Betrayal of Trust by an Attorney or a Solicitor – Revelation of Secrets..............................190 7. Article 210 - Direct Bribery....191 8. Article 211 - Indirect Bribery .191 9. Article 211-A - Qualified Bribery 192 10. Article 212 - Corruption of Public Officials........................192 C. Chapter III: Frauds and Illegal Exactions and Transactions ............192 1. Article 213 - Fraud against the Public Treasury and Similar Offenses 192 2. Article 214 - Other Frauds.....193 3. Article 215 - Prohibited Transactions...........................193 4. Article 216 - Possession of Prohibited Interest by a Public Officer 194 D. Chapter IV: Malversation of Public Funds or Property .......................194 1. Article 217 - Malversation of Public Funds or Property - Presumption of Malversation........194 2. Article 218 - Failure of Accountable Officer to Render Accounts ...............................195 3. Article 219 - Failure of a Responsible Public Officer to Render Accounts Before Leaving the Country 195 4. Article 220 - Illegal Use of Public Funds or Property.....................195 5. Article 221 - Failure to Make Delivery of Public Funds or Property 196 6. Article 222 - Officers Included in the Preceding Provisions.............196 E. Chapter V: Infidelity of Public Officers....................................196 1. Article 223 - Conniving With or Consenting to Evasion ................196 2. Article 224 - Evasion through Negligence .............................196 3. Article 225 - Escape of Prisoner under the Custody of a Person Not a Public Officer..........................196 4. Article 226 - Removal, Concealment, or Destruction of Documents .............................197 5. Article 227 - Officer Breaking Seal 197 6. Article 228 - Opening of Closed Documents .............................197 7. Article 229 - Revelation of Secrets by an Officer.................197 8. Article 230 - Public Officers Revealing Secrets of Private Individuals .............................198 F. Chapter VI: Other Offenses or Irregularities by Public Officers .......198 1. Article 231 - Open Disobedience 198 2. Article 232 - Disobedience to the Order of Superior Officer When Said Order Was Suspended by Inferior Officer..................................198 3. Article 233 - Refusal of Assistance 198 4. Article 234 - Refusal to Discharge Elective Office ........................198 5. Article 235 - Maltreatment of Prisoners ...............................199 6. Article 236 - Anticipation of Duties of a Public Officer............199 7. Article 237 - Prolonging Performance of Duties and Powers.199
  10. 10. CRIMINAL LAW REVIEWER 10 8. Article 238 - Abandonment of Office or Position .....................199 9. Article 239 - Usurpation of Legislative Powers....................199 10. Article 240 - Usurpation of Executive Functions..................200 11. Article 241 - Usurpation of Judicial Functions ....................200 12. Article 242 - Disobeying Request for Disqualification ........200 13. Article 243 - Orders or Request by Executive Officer to Any Judicial Authority...............................200 14. Article 244 - Unlawful Appointments .........................200 15. Article 245 - Abuses against Chastity ................................200 Title VIII. Crimes against Persons...... 201 A. Chapter I: Destruction of Life....201 1. Article 246 - Parricide .........201 2. Article 247 - Death or Physical Injuries Under Exceptional Circumstances.........................202 3. Article 248 - Murder............202 4. Article 249 - Homicide .........203 5. Article 250 - Penalty for Frustrated Parricide, Murder or Homicide...............................204 6. Article 251 - Death Caused in Tumultuous Affray....................204 7. Article 252 - Physical Injuries Caused in Tumultuous Affray .......204 8. Article 253 - Giving Assistance to Suicide .................................204 9. Article 254 - Discharge of Firearms ...............................204 10. Article 255 - Infanticide ....205 11. Article 256 - Intentional Abortion................................205 12. Article 257 - Unintentional Abortion................................205 13. Article 258 - Abortion Practiced by the Woman Herself or by Parents.................................206 14. Article 259 - Abortion by a Physician or Midwife and Dispensing of Abortives...............................206 15. Article 260 - Responsibility of Participants in a Duel ................206 16. Article 261 - Challenging to a Duel 206 B. Chapter II: Physical Injuries ......207 1. Article 262 - Mutilation ........207 2. Article 263 - Serious Physical Injuries .................................207 3. Article 264 - Administering Injurious Substances or Beverages .207 4. Article 265 - Less Serious Physical Injuries .................................208 5. Article 266 - Slight Physical Injuries and Maltreatment...........208 6. Article 266-A - Rape (amended by RA 8353)................................208 Title IX. Crimes against Personal Liberty and Security ............................... 212 A. Chapter I: Crimes against Liberty 212 1. Article 267 - Kidnapping and Serious Illegal Detention.............212 2. Article 268 - Slight Illegal Detention ..............................214 3. Article 269 - Unlawful Arrest..214 4. Article 270 - Kidnapping and Failure to Return a Minor............214 5. Article 271 - Inducing a Minor to Abandon His Home....................215 6. Article 272 - Slavery............215 7. Article 273 - Exploitation of Child Labor ...................................215 8. Article 274 - Services Rendered Under Compulsion in Payment of Debt 215 B. Chapter II: Crimes against Security 216 1. Article 275 - Abandonment of Persons in Danger and Abandonment of Own Victim .........................216 2. Article 276 - Abandoning a Minor 216 3. Article 277 - Abandonment of Minor by Person Entrusted With Custody; Indifference of Parents ...216 4. Article 278 - Exploitation of Minors ..................................216 5. Article 280 - Qualified Trespass to Dwelling................................217 6. Article 281 - Other Forms of Trespass ................................218 7. Article 282 - Grave Threats....218 8. Article 283 - Light Threats.....218 9. Article 284 - Bond for Good Behavior................................219
  11. 11. CCCRRRIIIMMMIIINNNAAALLL LAW10. Article 285 – Other Light Threats.................................219 11. Article 286 - Grave Coercions 219 12. Article 287 - Light Coercions 219 13. Article 288 - Other Similar Coercions ..............................220 14. Article 289 - Formation, Maintenance, and Prohibition of Combination of Capital or Labor through Violence or Threats ........220 C. Chapter III: Discovery and Revelation of Secrets ...................220 1. Article 290 - Discovering Secrets through Seizure of Correspondence220 2. Article 291 - Revealing Secrets with Abuse of Office .................221 3. Article 292 - Revelation of Industrial Secrets .....................221 Title X. Crimes against Property....... 222 A. Chapter I: Robbery in General...222 1. Article 293 - Who Are Guilty of Robbery ................................222 2. Article 294 - With Violence or Intimidation of Persons ..............223 3. Article 295 - Robbery with Physical Injuries, in an Uninhabited Place and by a Band..................223 4. Article 296 - Definition of a Band and Penalty Incurred by the Members Thereof.................................224 5. Article 297 - Attempted and Frustrated Robbery with Homicide 224 6. Article 298 - Execution of Deeds through Violence or Intimidation...224 7. Article 299 - Robbery in an Inhabited House or Public Building or Edifice Devoted to Worship .........224 8. Article 300 – Robbery in an Uninhabited Place and by a Band ..226 9. Article 302 - In an Uninhabited Place or Private Building ............226 10. Article 303 - Robbery of Cereals, Fruits or Firewood in an Inhabited Place or Private Building 226 11. Article 304 - Possession of Picklock or Similar Tools.............226 12. Article 305 - Defines False Keys 226 B. Chapter 2: Brigandage (Articles 306- 307) 226 1. Article 306 - Who Are Brigands226 2. Article 307 - Aiding and Abetting a Band of Brigands....................227 C. Chapter 3: Theft ...................227 1. Article 308 - Who Are Liable for Theft....................................227 2. Article 309 - Penalties..........228 3. Article 310 - Qualified Theft ..228 4. Article 311 - Theft of the Property of the National Library and National Museum......................230 D. Chapter 4: Usurpation.............230 1. Article 312 - Occupation of Real Property or Usurpation of Real Rights in Property.............................230 2. Article 313 - Altering Boundaries or Landmarks ..........................230 E. Chapter 5: Culpable Insolvency..230 1. Article 314 - Fraudulent Insolvency..............................230 F. Chapter 6: Swindling and Other Deceits ....................................230 1. Article 315 - Estafa .............230 a. With Unfaithfulness or Abuse of Confidence (315 par. 1(a) (b) (c))..231 b. Estafa by Means of False Pretenses or Fraudulent Acts (315 par. 2(a) (b) (c) (d) (e); BP22):.....................233 c. Through Other Fraudulent Means (315 Par 3 (a) (b) (c)) ................235 2. Article 316 - Other Forms of Swindling and Deceits ................236 3. Article 317 - Swindling of a Minor 237 4. Article 318 - Other Deceits ....237 G. Chapter 7: Chattel Mortgage.....237
  12. 12. CRIMINAL LAW REVIEWER 12 1. Article 319 - Removal, Sale, or Pledge of Mortgaged Property ......237 H. Chapter 8: Arson and Other Crimes Involving Destruction....................238 I. Chapter 9: Malicious Mischief....239 1. Article 327 - Who Are Responsible 239 2. Article 328 - Special Cases of Malicious Mischief ....................239 3. Article 329 - Other Mischiefs..239 4. Article 330 - Damage and Obstruction to Means of Communication .......................239 5. Article 331 – Destroying or Damaging Statues, Public Monuments or Paintings............................239 J. Chapter 10: Exemption from Criminal Liability ........................239 1. Article 332 - Exemption from Criminal Liability in Crimes Against Property................................239 Title XI. Crimes against Chastity....... 242 1. Article 333 - Adultery ..........242 2. Article 334 - Concubinage .....242 3. Article 335 – Rape ..............243 4. Article 336 - Acts of Lasciviousness.........................243 5. Article 337 - Qualified Seduction 244 6. Article 338 - Simple Seduction245 7. Article 339 - Acts of Lasciviousness with the Consent of the Offended Party........................245 8. Article 340 - Corruption of Minors 246 9. Article 341 - White Slave Trade 246 10. Article 342 - Forcible Abduction..............................246 11. Article 343 - Consented Abduction..............................247 12. Article 344 - Prosecution of Private Offenses ......................248 13. Article 345: Civil Liability ..249 14. Article 346 – Liability of ascendants, guardians, teachers and other persons entrusted with the custody of the offended party ......249 Title XII. Crimes against the Civil Status of Persons .................................. 250 1. Article 349 - Bigamy ............251 2. Article 350 - Marriage Contracted against Provisions of Laws ...........251 3. Article 351 - Premature Marriage 251 4. Article 352 - Performance of Illegal Marriage Ceremony...........251 Title XIII. Crimes against Honor ........ 253 A. Chapter I: Libel ....................253 1. Article 353 - Definition of Libel 253 2. Article 354 - Requirement for Publicity................................254 3. Article 355 - Libel by Writing or Similar Means..........................254 4. Article 356 - Threatening to Publish and Offer to Prevent Such Publication for a Compensation ....254 5. Article 357 - Prohibited Publication of Acts Referred to in the Course of Official Proceedings (Gag Law)255 6. Article 358 - Slander............255 7. Article 359 - Slander by Deed .255 8. Article 360 - Persons Responsible for Libel ................................255 9. Article 361 - Proof of Truth ...256 10. Article 362 - Libelous Remarks 256 B. Chapter II: Incriminatory Machinations..............................256 1. Article 363 - Incriminating innocent person.......................256 2. Article 364 - Intriguing against Honor ...................................256 Title XIV. Quasi-Offenses................ 259 1. Article 365 - Imprudence and Negligence .............................259
  13. 13. CRIMINAL LAW REVIEWER 13 CCCRRRIIIMMMIIINNNAAALLL LAW BAR OPERATIONS COMMISSION 2012 EXECUTIVE COMMITTEE Ramon Carlo Marcaida |Commissioner Raymond Velasco •Mara KriskaChen |Deputy Commissioners Barbie Kaye Perez |Secretary Carmen Cecilia Veneracion |Treasurer Hazel Angeline Abenoja|Auditor COMMITTEE HEADS Eleanor Balaquiao • Mark Xavier Oyales | Acads Monique Morales • Katleya Kate Belderol • Kathleen Mae Tuason (D) • Rachel Miranda (D) |Special Lectures Patricia Madarang • Marinella Felizmenio |Secretariat Victoria Caranay |Publicity and Promotions Loraine Saguinsin • Ma. Luz Baldueza |Marketing Benjamin Joseph Geronimo • Jose Lacas |Logistics Angelo Bernard Ngo • Annalee Toda|HR Anne Janelle Yu • Alyssa Carmelli Castillo |Merchandise Graciello Timothy Reyes |Layout Charmaine Sto. Domingo • Katrina Maniquis |Mock Bar Krizel Malabanan •Karren de Chavez |Bar Candidates’ Welfare Karina Kirstie Paola Ayco • Ma. Ara Garcia |Events OPERATIONS HEADS Charles Icasiano • Katrina Rivera |Hotel Operations Marijo Alcala • Marian Salanguit |Day-Operations Jauhari Azis |Night-Operations Vivienne Villanueva • Charlaine Latorre |Food Kris Francisco Rimban • Elvin Salindo |Transpo Paula Plaza |Linkages Criminal Law 1 UP LAW BAR OPERATIONS COMMISSION BAR REVIEWER UP LAW2012 CRIMINAL LAW TEAM 2012 Faculty Editor | Prof. Jay Batongbacal Subject Heads | Camille Umali • Charmaine Sto. Domingo LAYOUT TEAM 2012 Layout Artists | Alyanna Apacible • Noel Luciano • RM Meneses • Jenin Velasquez • Mara Villegas • Naomi Quimpo • Leslie Octaviano • Yas Refran • Cris Bernardino Layout Head| Graciello Timothy Reyes
  14. 14. Criminal Law 1 CRIMINAL LAW Criminal Law 1 Criminal Law 2 I. Fundamental Principles of Criminal Law II. Felonies III. Circumstances which affect criminal liability IV. Persons criminally liable/Degree of participation V. Penalties VI. Modification and extinction of criminal REVISED PENAL CODE/SPECIAL LAWS, PRESIDENTIAL DECREES, AND EXECUTIVE ORDERS A. Book 1 (Articles 1-99, RPC, excluding provisions on civil liability), including related Special Laws CHAPTER I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW A. DEFINITION OF CRIMINAL LAW B. SCOPE OF APPLICATION AND CHARACTERISTICS C. CONSTITUTIONAL LIMITATIONS A. Definition of Criminal Law Criminal law is that branch of public substantive law which defines crimes, treats of their nature, and provides for their punishment. 1. Difference between Mala in Se and Mala Prohibita (ASKED TWICE IN BAR EXAMS) Mala in Se Mala Prohibita As to nature Wrong from its very nature. Wrong because it is prohibited by law As to use of good faith as defense GF a valid defense, unless the crime is the result of culpa GF is not a defense. As to WON criminal intent is an element Criminal intent is an element. Criminal intent is immaterial, BUT still requires intelligence & voluntariness As to degree of accomplishment Degree of accomplish 0. The of crime ment is taken into account for the punishment. act gives rise to a crime only when consu mmat ed. As to mitigating and aggravating circumstances They are taken into account in imposing penalty They are not taken into account. As to degree of participation When there is more than one offender, the degree of participation of each in the commission is taken into account. Degree of participation is generally not taken into account. All who participated in the act are punished to the same extent. As to stage of accomplishment Penalty is computed on the basis of whether he is a principal offender or merely an accomplice or accessory Penalty on offenders is same whether they acted as mere accomplices or accessories As to what laws are violated Generally, the RPC. Generally, special laws. Note:  Dolo is not required in crimes mala prohibita.  In those crimes which are mala prohibita, the act alone irrespective of its motives, constitutes the offense.  Good faith and absence of criminal intent are not valid defenses in crimes mala prohibita. Estrada v. Sandiganbayan (2001): Estrada is challenging the plunder law. One of the issues he raised is whether plunder is a malum prohibitum or malum in se. Held: Plunder is a malum in se which requires proof of criminal intent. Precisely because the crimes constituting plunder are mala in se the element of mens rea must be proven in a prosecution for plunder. i. 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. ii. 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,
  15. 15. CRIMINAL LAW REVIEWER 15 good faith and the lack of criminal intent are valid defenses; unless it is the product of criminal negligence or culpa. Likewise when the special laws require that the punished act be committed knowingly and willfully, criminal intent is required to be proved before criminal liability may arise. Note: Where malice is a factor, good faith is a defense. CRIMINAL LAW VS. CRIMINAL PROCEDURE Criminal Law Criminal Procedure It is substantive. It is remedial. Prospective in application. Exception: If it is favorable to the accused. Exception To The Exception: 1.When the accused is a habitual delinquent. (Art. 22) 2.Where the new law expressly made inapplicable to pending actions or existing causes of actions. (Tavera v. Valdez) Retroactive in application. Statutory; it is passed by the Legislature. May be promulgated by the Legislature (e.g. jurisdiction of courts) or the Judiciary (e.g. Rules of Court) STATE AUTHORITY TO PUNISH CRIME (ASKED ONCE IN BAR EXAMS) Art. II, Sec. 5 (1987 Constitution) Declaration of Principles and State Policies. The maintenance of peace and order, the protection of life, liberty and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. SOURCES OF CRIMINAL LAW a. The Revised Penal Code (Act No. 3815) - Created pursuant to Administrative Order No. 94; enacted January 1, 1932; based on the Spanish Penal Code, US Penal Code, and Phil. Supreme Court decisions. b. Special penal laws and penal Presidential Decrees issued during Martial Law. PENAL LEGISLATION a. Schools of Thought (ASKED ONCE IN BAR EXAMS) (PUCE) (1) Utilitarian Theory Primary purpose: Protection of society from actual or potential wrongdoers. (2) Classical Theory Primary purpose: Retribution. Basis of criminal liability: Human free will. Endeavored to establish a mechanical and direct proportion between crime and penalty; there is scant regard to human element. (3) Positivist Theory Primary purpose: Reformation; prevention/ correction. Basis of criminal liability: The sum of the social, natural and economic phenomena to which the actor is exposed. (4) Eclectic/Mixed Combines both positivist and classical thinking. Crimes that are economic and social by nature should be dealt with in a positivist manner; thus, the law is more compassionate. Heinous crimes should be dealt with in a classical manner; thus, capital punishment. Note: The Revised Penal Code today follows the mixed or eclectic philosophy. For example:  Intoxication of the offender is considered to mitigate his criminal liability, unless it is intentional or habitual;  Age of the offender is considered;  A woman who killed her child to conceal her dishonor has in her favor a mitigating circumstance. RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY APPLICATION OF RPC Art. 10, RPC. 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. General Rule: RPC provisions supplement the provisions of special laws. Exceptions: (1) Where the special law provides otherwise (Art.10) (2) When the provisions of the Code are impossible of application, either by express provision or by necessary implication, as in those instances where the provisions in question are peculiar to the Code. (Regalado, Criminal Law Prospectus) Ladonga v People (2005): Spouses Ladonga were convicted by the RTC for
  16. 16. CRIMINAL LAW REVIEWER 16 violation of B.P. Blg. 22 (3 counts). The husband applied for probation while the wife appealed arguing that the RTC erred in finding her criminally liable for conspiring with her husband as the principle of conspiracy is inapplicable to B.P. Blg. 22 which is a special law. Held: 1. B.P. Blg. 22 does not expressly prescribe the suppletory application of the provisions of the RPC. 2. Thus, in the absence of contrary provision in B.P. Blg. 22, the general provisions of the RPC which, by their nature, are necessarily applicable, may be applied suppletorily. 3. The court cited the case of Yu vs. People, where the provisions on subsidiary imprisonment under Art. 39 of the RPC to B.P. Blg. 22 was applied suppletorily. People vs. Rodriguez (1960): It was held that a violation of a special law can never absorb a crime punishable under the Revised Penal Code, because violations of the Revised Penal Code are more serious than a violation of a special law. But a crime in the Revised Penal Code can absorb a crime punishable by a special law if it is a necessary ingredient of the felony defined in the Code. People vs. Martinada: The crime of cattle-rustling is not malum prohibitum but a modification of the crime of theft of large cattle. So Presidential Decree No. 533, punishing cattle- rustling, is not a special law, but a law amending provisions of the RPC (Arts. 309 and 310). It can absorb the crime of murder. If in the course of cattle rustling, murder was committed, the offender cannot be prosecuted for murder. Note: Murder would be a qualifying circumstance in the crime of qualified cattle rustling.1 B. Scope of Application and Characteristics of the Philippine Criminal Law 1. GENERALITY (WHO?) 2. TERRITORIALITY (WHERE?) 3. PROSPECTIVITY (WHEN?) Criminal law has three (3) characteristics: General, Territorial, and Prospective. 1 Sec. 8, P.D. No. 533 1. Generality General Rule: Art. 14, NCC. The penal law of the country is binding on all persons who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations. Limitations: Art. 2, RPC. ―Except as provided in the treaties or laws of preferential application xxx‖ a. Treaty Stipulations Examples:  Bases Agreement entered into by the Philippines and the US on Mar. 14, 1947 and expired on Sept. 16, 1991.  Visiting Forces Agreement (VFA)2 signed on Feb. 10, 1998. Article V Criminal Jurisdiction 1. Subject to the provisions of this article: (a) Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines. (b) United States military authorities shall have the right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the United States over United States personnel in the Philippines. 2. (a) Philippine authorities exercise exclusive jurisdiction over United States personnel with respect to offenses, including offenses relating to the security of the Philippines, punishable under the laws of the Philippines, but not under the laws of the United States. (b) United States authorities exercise exclusive jurisdiction over United States personnel with respect to offenses, including offenses relating to the security of the United States, punishable under the laws of the United States, but not under the laws of the Philippines. (c) For the purposes of this paragraph and paragraph 3 of this article, an offense relating to security means: (1) treason; (2) sabotage, espionage or violation of any law relating to national defense. 3. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply: 2 Take note of Art. V, which defines criminal jurisdiction over United States military and civilian personnel temporarily in the Philippines in connection with activities approved by the Philippine Government.
  17. 17. CRIMINAL LAW REVIEWER 17 (a) Philippine authorities shall have the primary right to exercise jurisdiction over all offenses committed by United States personnel, except in cases provided for in paragraphs l (b), 2 (b), and 3 (b) of this Article. (b) United States military authorities shall have the primary right to exercise jurisdiction over United States personnel subject to the military law of the United States in relation to: (1) offenses solely against the property or security of the United States or offenses solely against the property or person of United States personnel; and (2) offenses arising out of any act or omission done in performance of official duty. (c) The authorities of either government may request the authorities of the other government to waive their primary right to exercise jurisdiction in a particular case. (d) Recognizing the responsibility of the United States military authorities to maintain good order and discipline among their forces, Philippine authorities will, upon request by the United States, waive their primary right to exercise jurisdiction except in cases of particular importance to the Philippines. If the Government of the Philippines determines that the case is of particular importance, it shall communicate such determination to the United States authorities within twenty (20) days after the Philippine authorities receive the United States request. (e) When the United States military commander determines that an offense charged by authorities of the Philippines against United States personnel arises out of an act or omission done in the performance of official duty, the commander will issue a certificate setting forth such determination. This certificate will be transmitted to the appropriate authorities of the Philippines and will constitute sufficient proof of performance of official duty for the purposes of paragraph 3(b)(2) of this article. In those cases where the Government of the Philippines believes the circumstances of the case require a review of the duty certificate, United States military authorities and Philippine authorities shall consult immediately. Philippine authorities at the highest levels may also present any information bearing on its validity. United States military authorities shall take full account of the Philippine position. Where appropriate, United States military authorities will take disciplinary or other action against offenders in official duty cases, and notify the Government of the Philippines of the actions taken. (f) If the government having the primary right does not exercise jurisdiction, it shall notify the authorities of the other government as soon as possible. (g) The authorities of the Philippines and the United States shall notify each other of the disposition of all cases in which both the authorities of the Philippines and the United States have the right to exercise jurisdiction. b. Laws of Preferential Application Examples:  Members of Congress are not liable for libel or slander for any speech in Congress or in any committee thereof. (Sec. 11, Art. VI, 1987 Constitution)  Any ambassador or public minister of any foreign State, authorized and received as such by the President, or any domestic or domestic servant of any such ambassador or minister are exempt from arrest and imprisonment and whose properties are exempt from distraint, seizure and attachment.3 (R.A. No. 75)  Warship Rule – A warship of another country, even though docked in the Philippines, is considered an extension of the territory of its respective country. This also applies to embassies. c. Principles of Public International Law Art. 14, NCC. ―xxx subject to the principles of public international law and to treaty stipulations.‖ The following persons are exempt from the provisions of the RPC: (1) Sovereigns and other heads of state (2) Ambassadors, ministers, plenipotentiary, minister resident and charges d‘ affaires. (Article 31, Vienna Convention on Diplomatic Relations) Note: Consuls and consular officers are NOT exempt from local prosecution. (See Article 41, Vienna Convention on Consular Relations) Public vessels of a friendly foreign power are not subject to local jurisdiction. Note: Generality has NO reference to territoriality. 2. Territoriality GENERAL RULE: Penal laws of the country have force and effect only within its territory.  It cannot penalize crimes committed outside its territory.  The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. (Art. 2, RPC) 3 R.A. No. 75 penalizes acts which would impair the proper observance by the Republic and inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited foreign diplomatic representatives in the Philippines
  18. 18. CRIMINAL LAW REVIEWER 18 (1) Terrestrial jurisdiction is the jurisdiction exercised over land. (2) Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters. (3) Aerial jurisdiction is the jurisdiction exercised over the atmosphere. EXCEPTIONS (1) Extraterritorial crimes, which are punishable even if committed outside the Philippine territory (Art. 2, RPC) (ASKED 4 TIMES IN BAR EXAMS) Art. 2 embraces two scopes of applications: General rule - Intraterritorial refers to the application of the RPC within the Philippine territory (land, air and water). Exception - Extraterritorial4 refers to the application of the Revised Penal Code outside the Philippine territory. (a) Par. 1: Crimes committed aboard Philippine ship or airship: The RPC is applied to Philippine vessels5 if the crime is committed while the ship is treading: i. Philippine waters (intraterritorial), or ii. The high seas i.e. waters NOT under the jurisdiction of any State (extraterritorial) Two rules as to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of another country (i.e. a foreign vessel treading Philippine waters OR Philippine vessels treading foreign waters): i. FRENCH RULE: It is the flag or nationality of the vessel which determines jurisdiction UNLESS the crime violates the peace and order of the host country. ii. ENGLISH RULE: the location or situs of the crime determines jurisdiction UNLESS the crime merely relates to internal management of the vessel. The Philippines adheres to the ENGLISH RULE. However, these rules are NOT applicable if the vessel is on the high seas when the crime was committed. In these cases, the laws of the nationality of the ship will always apply. When the crime is committed in a war vessel of a foreign country, the nationality of the vessel will always determine jurisdiction because war vessels are part of the sovereignty of the country to whose naval force they belong. International Theories on Aerial Jurisdiction 4 R.A. 9327 (The Human Security Act) contains provisions for extraterritorial application. 5 The country of registry determines the nationality of the vessel, NOT ITS OWNERSHIP. A Filipino-owned vessel registered in China must fly the Chinese flag. i. Free Zone Theory The atmosphere over the country is free and not subject to the jurisdiction of the subjacent state, except for the protection of its national security and public order. ii. Relative Theory The subjacent state exercises jurisdiction over the atmosphere only to the extent that it can effectively exercise control thereof. iii. Absolute Theory The subjacent state has complete jurisdiction over the atmosphere above it subject only to the innocent passage by aircraft of a foreign country. Under this theory, if the crime is committed in an aircraft, no matter how high, as long as it can be established that it is within the Philippine atmosphere, Philippine criminal law6 will govern. Note: The Philippines adopts this theory. (b) Par. 2: Forging/Counterfeiting and Coins or Currency Notes in the Philippines i. Forgery is committed abroad, and ii. It refers only to Philippine coin, currency note, obligations and securities. (c) Par. 3: Should introduce into the country the above-mentioned obligations and securities. i. The reason for this provision is that the introduction of forged or counterfeited obligations and securities into the Philippines is as dangerous as the forging or counterfeiting of the same, to the economical interest of the country. (d) Par. 4: When public officers or employees commit an offense in the exercise of their functions. Crime committed pertains to the exercise of the public official’s functions: The crimes which may be committed are: i. Direct bribery (A.210) ii. Qualified Bribery (A. 211-A) iii. Indirect bribery (A.211) iv. Corruption (A.212) v. Frauds against the public treasury (A.213) vi. Possession of prohibited interest (A.216) vii. Malversation of public funds or property (A. 217) viii. Failure to render accounts (A.218) 6 See Anti-Hijacking Law, (Other part of the reviewer)
  19. 19. CRIMINAL LAW REVIEWER 19 ix. Illegal use of public funds or property (A.220) x. Failure to make delivery of public funds or property (A.221) xi. Falsification by a public officer or employee committed with abuse of his official position (A.171) xii. Those having to do with the discharge of their duties in a foreign country. The functions contemplated are those, which are, under the law: i. to be performed by the public officer; ii. in the foreign service of the Phil. government; iii. in a foreign country. (e) Par. 5: Commit any of the crimes against national security and the law of nations, (Title One, Book 2, RPC) Crimes against national security: i. Treason (A.114) ii. Conspiracy and proposal to commit treason (A.115) iii. Misprision of treason (A.116) iv. Espionage (A.117) Crimes against the law of nations: i. Inciting to war or giving motives for reprisals (A.118) ii. Violation of neutrality (A.119) iii. Correspondence with hostile country (A.120) iv. Flight to enemy‘s country (A.121) v. Piracy in general and mutiny on the high seas or in Philippine waters (A.122) Note: Crimes against public order (e.g., rebellion, coup d‘etat, sedition) committed abroad is under the jurisdiction of the host country. Terrorism is now classified as a crime against national security and the law of nations. (See R.A. 9372, otherwise known as Human Security Act of 2007). 3. Prospectivity GENERAL RULE: Acts or omissions will only be subject to a penal law if they are committed AFTER a penal law has taken effect. Conversely, acts or omissions which have been committed before the effectivity of a penal law could not be penalized by such penal law. EXCEPTION: Art. 22 RPC. Penal laws shall have a retroactive effect, insofar as they favor the person guilty of a felony who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. Art. 62(5) RPC. xxx For the purpose of this article, a person shall be deemed to be a habitual delinquent, if within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo(robbery), hurto(theft), estafa, or falsification, he is found guilty of any crimes a third time or oftener. EXCEPTION TO THE EXCEPTION: (1) The new law is expressly made inapplicable to pending actions or existing cause of actions; or (2) The offender is a habitual criminal. Effects of repeal of penal law (1) If the repeal makes the penalty lighter in the new law, (a) The new law shall be applied, (b) EXCEPT when the offender is a habitual delinquent or when the new law is made not applicable to pending action or existing causes of action. (2) If the new law imposes a heavier penalty (a) 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, (a) The crime is obliterated. (b) Pending cases are dismissed. (c) Unserved penalties imposed are remitted. (4) Rule of prospectivity also applies to judicial decisions,7 administrative rulings and circulars. Co vs. CA, (1993): In this case, Circular No. 4 of the Ministry of Justice, dated December, 15, 1981, provided that ―where the check is issued as part of an arrangement to guarantee or secure the payment of an obligation, whether pre- existing or not, the drawer is not criminally liable for either estafa or violation of B.P. 22.‖ Subsequently, the administrative interpretation was reversed in Circular No. 12, issued on August 8, 1984, such that the claim that the check was issued as a guarantee or part of an arrangement to secure an obligation or to facilitate collection, is no longer a valid defense for the prosecution under B.P. 22. Hence, it was ruled that under the new circular, a check issued merely to guarantee the performance of an obligation is covered by B.P. 22 [Que vs. People]. However, consistent with the principle of prospectivity, the new doctrine should not apply to parties who had relied on the old Circular and acted on the faith thereof. No retrospective effect. 7 Art. 8, Civil Code
  20. 20. CRIMINAL LAW REVIEWER 20 Rationale for the prospectivity rule: the punishability of an act must be reasonably known for the guidance of society [citing Peo v. Jabinal]. [NOTE: The SC outline does not include the next two characteristics.] 4. Legality (nullum crimen nulla poena sine lege) Art. 21. No felony shall be punishable by any penalty not prescribed by law prior to its commission. There is no crime when there is no law punishing the same. Limitation: Not every law punishing an act or omission may be valid as a criminal law. If the law punishing an act is ambiguous, it is null and void. 5. Strict Construction of Penal Laws Against State: The ―Doctrine of Pro Reo‖ Pro reo doctrine: Whenever a penal law is to be construed or applied and the law admits of two interpretations - one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted. Basis: The fundamental rule that all doubts shall be construed in favor of the accused and presumption of innocence of the accused. Art. III, Sec. 14(2), 1987 Const. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. Note: This is peculiar only to criminal law. EQUIPOISE RULE: When the evidence of the prosecution and the defense are equally balanced, the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence.8 C. Constitutional limitations on the power of Congress to enact penal laws in the Bill of Rights (i) Equal protection (ii) Due process (iii)Non-imposition of cruel and unusual punishment or excessive fines (iv) Bill of attainder (v) Ex post facto law 8 Ursua v. CA (1996); Corpuz v. People (1991) 1. Equal protection Article III, Section 1, 1987 Const. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. 2. Due process Art. III, Sec. 14 (1), 1987 Const. No person shall be held to answer for a criminal offense without due process of law.  Must be general in application. 3. Non-imposition of cruel and unusual punishment or excessive fines Art III, Sec. 19, 1987 Const. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. a. Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346) Republic Act 9346 An Act Prohibiting the Imposition of the Death Penalty. Repealed the law imposing lethal injection (R.A. 8177) and the law imposing the death penalty (R.A. 7659) (Sec. 1). This Act also imposes the punishment of reclusion perpetua for offenses under any act using the nomenclature of the RPC (Sec. 2 (a)) and the punishment of life imprisonment for offenses under any act which does not use the nomenclature of the RPC (Sec. 2(b)) 4. Bill of attainder Art III, Sec. 22, 1987 Const. No ex post facto law or bill of attainder shall be enacted. Bill of attainder - a legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for a judicial determination of guilt. 5. Ex post facto law Art III, Sec. 22, 1987 Const. No ex post facto law or bill of attainder shall be enacted. Ex post facto law is one which: (1)Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act. (2) Aggravates a crime, or makes it greater than it was, when committed;
  21. 21. CRIMINAL LAW REVIEWER 21 (3)Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; (4)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; (5)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 (6)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. (Reyes, The Revised Penal Code citing In re: Kay Villegas Kami, Inc.) Other constitutional limitations  Must not provide imprisonment for non-payment of debts or poll tax. [1987 Const. Art. III, Sec. 19 (1)]  Must not restrict other constitutional freedoms, e.g. due process, religion, free speech, and assembly. Basic Maxims in Criminal Law a. Actus Non Facit Reum, Nisi Mens Sit Rea ―The act cannot be criminal where the mind is not criminal.‖ U.S. vs. Catolico (18 Phil. 504, 508) Facts: Accused was a justice of the peace who rendered decisions for damages based on breach of contract. The defendants failed to pay the bonds required on time, so upon petition of the plaintiffs, the accursed dismissed the appeals and ordered the sums attached and delivered to plaintiffs in satisfaction of the judgment. Accused was prosecuted for malversation. Held: The general rule is that, if it is proved that the accused committed the criminal act charged, it will be presumed that the act was done with criminal intention. However, it must be borne in mind that the act from which such presumption springs must be a criminal act. In this case, the act of the accused was not unlawful. Everything he did was done in good faith under the belief that he was acting judiciously and correctly. The act of a person does not make him a criminal, unless his mind be criminal. b. Actus Me Invito Factus Non Est Meus Actus ―An act done by me against my will is not my act.‖ c. El Que Es Causa De La Causa Es Causa Del Mal Causado ―He who is the cause of the cause is the cause of the evil caused.‖  This is the rationale in par. 1 of Art. 4 which enunciates the doctrine of proximate cause. He who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen or intended or not.
  22. 22. CRIMINAL LAW REVIEWER 22 CHAPTER II. FELONIES A. PRELIMINARY MATTERS B. CLASSIFICATION OF FELONIES C. ELEMENTS OF CRIMINAL LIABILITY D. IMPOSSIBLE CRIME E. STAGES OF EXECUTION F. CONSPIRACY AND PROPOSAL G MULTIPLE OFFENDERS H. COMPLEX CRIME AND SPECIAL COMPLEX CRIMES A. Preliminary matters 1. Differentiating Felonies, Offense, Misdemeanor and Crime Felony: refers only to violations of the Revised Penal Code.  A crime punishable under a special law is not referred to as a felony. ―Crime‖ or ―offense‖ are the proper terms. (ASKED 3 TIMES IN BAR EXAMS) Importance: There are certain provisions in the Revised Penal Code where the term ―felony‖ is used, which means that the provision is not extended to crimes under special laws. Example: Art. 160. Quasi-Recidivism: ―A person who shall commit a felony after having been convicted by final judgment, before beginning to serve sentence or while serving the same, shall be punished under the maximum period of the penalty.‖ Note that the word ―felony‖ is used. Offense: A crime punished under a special law is called a statutory offense. Misdemeanor: A minor infraction of the law, such as a violation of an ordinance. Crime: Whether the wrongdoing is punished under the Revised Penal Code or under a special law, the generic word ―crime‖ can be used. 1. Felonies: How Committed Art. 3. Definitions (RPC) — Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only by 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. Intentional Felony v. Culpable Felony Intentional Culpable Act is malicious. Not malicious. With deliberate intent. Injury caused is unintentional, being just an incident of another act performed without malice. Has intention to cause an injury. Wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. 2. How is Criminal Liability Incurred? Art. 3 describes the manner of incurring criminal liability under the Revised Penal Code.  Intentional felony v. Culpable Felony. – It means performing or failing to do an act, when either is punished by law, by means of deceit (with dolo) or fault (with culpa)  It is important to note that if the criminal liability arises from an omission, such as misprision of treason or abandonment of helpless persons, there must be a law requiring the performance of such act.  In Par. 1 of Art. 4, the law uses the word ―felony,‖ that whoever commits a felony incurs criminal liability.  Par. 2 of Art. 4 makes a person liable even if the accomplishment of his crime is inherently impossible.  Art. 6 also provides for liability for the incomplete elements of a crime.  There are certain felonies committed by conspiring in or proposing the commission of certain acts, the principle behind this can be found in Art. 8.  Plural crimes on the other hand are discussed under Art. 48. Requisites of Dolo or Malice (1) He must have FREEDOM while doing an act or omitting to do an act. (2) He must have INTELLIGENCE while doing/omitting an act. (3) He must have INTENT while doing/omitting the act. (a) Intent which is a mental process presupposes the exercise of freedom and the use of intelligence. (b) If an act is proven to be unlawful, then intent will be presumed prima facie. (U.S. v. Apostol) (c) An honest mistake of fact destroys the presumption of criminal intent which arises from the commission of a felonious act. (People v. Oanis) General v. Specific Intent In some particular felonies, proof of specific intent is required. In certain crimes against property, there
  23. 23. CRIMINAL LAW REVIEWER 23 must be intent to gain (Art. 293 – robbery, Art 308 – theft). Intent to kill is essential in attempted and frustrated homicide (Art 6 in relation to Art 249), as well as in murder. In forcible abduction (Art. 342), specific intent of lewd designs must be proved. Requisites of Culpa (1) He must have FREEDOM while doing/omitting to do an act (2) He must have INTELLIGENCE while doing the act/omitting to do an act (3) He is IMPRUDENT, NEGLIGENT, or LACKS FORESIGHT or SKILL while doing the act/omitting to do an act. 3. Discussion of Article 5 Art. 5 RPC. 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. 1) Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, 2) it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. 3) In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, 4) when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense. Art. 5 covers two situations: a. Where the court cannot convict the accused because the act he committed is not punishable under the law, but the court deems it proper to repress such act.  The proper judgment is acquittal.  The judge must report to the Chief Executive that said act be made subject of penal legislation and the reasons therefore. b. Where the court after trial finds the accused guilty, and the penalty prescribed for the crime appears too harsh considering the conditions surrounding the commission of the crime,  The judge should impose the law (not suspend the execution of the sentence).  The most that he could do is recommend to the Chief Executive to grant executive clemency. 4. Wrongful Act Different from that Intended When a person commits a felony with malice, he intends the consequences of his felonious act. Art. 4. RPC. 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. xxx xxx xxx Rationale: el que es causa de la causa es causa del mal causado (he who is the cause of the cause is the cause of the evil caused). Requisites: (1) An intentional felony has been committed. (a) The felony committed should be one committed by means of dolo (with malice) because Art. 4, Par. 1 speaks of wrongful act done different from that which he intended. (b) The act should not be punished by a special law because the offender violating a special law may not have the intent to do an injury to another. (c) No felony is committed when: i. the act or omission is not punishable by the RPC, ii.the act is covered by any of the justifying circumstances enumerated in Art. 11. (2) The wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender. (a) Proximate Cause - That cause, which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury without which the result would not have occurred. Criminal liability exists from the concurrence of the mens rea and the actus reus. Illustration: Dave and JR are supposed to meet in Audrey‘s home but when JR arrived Dave was not home. JR received an SMS from Dave telling the former to get the house key from under the doormat. Dave lets himself in and saw an iPod on the table. JR took the iPod. What is JR’s criminal liability? He is liable only for theft and not robbery because the intent to gain concurred only with the act of taking BUT NOT with the act of using the owner‘s keys to enter the house. Note: Criminal liability for some felonies arises only upon a specific resulting harm: (1) HOMICIDE AND ITS QUALIFIED FORMS requires DEATH of the victim to be consummated. (2) ESTAFA: requires that the victim incur damage for criminal liability for the consummated felony to arise Vda. De Bataclan v. Medina (1957): SC laid down the definition of proximate cause: ―that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. And more
  24. 24. CRIMINAL LAW REVIEWER 24 comprehensively, 'the proximate legal cause is that acting first and producing the injury, either immediately or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately effecting the injury as a natural and probable result of the cause which first acted, under such circumstances that the person responsible for the first event should, as an ordinary prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom.‖ GENERAL RULE: The offender is CRIMINALLY LIABLE for ALL the natural and logical consequences of his felonious act, although not intended, if the felonious act is the proximate cause of the resulting harm. Thus, the person is still criminally liable although the wrongful act done be different from that which he intended in the following cases: (1) Error in personae - mistake in the identity of the victim; injuring one person mistaken for another (Art. 49 – penalty for lesser crime in its maximum period) (a) At least two subjects (b) A has intent to kill B, but kills C (c) Under Art. 3, if A hits C, he should have no criminal liability. But because of Art. 4, his act is a felony. (2) Aberratio ictus - mistake in the blow; when offender intending to do an injury to one person actually inflicts it on another (Art. 48 on complex crimes – penalty for graver offense in its maximum period) (a) There is only one subject. (b) The intended subject is a different subject, but the felony is still the same. (3) Praeter intentionem - injurious result is greater than that intended (Art. 13 – mitigating circumstance) (a) If A‘s act constitutes sufficient means to carry out the graver felony, he cannot claim praeter intentionem. Proximate Cause v. Immediate Cause v. Remote Cause Illustrations: A, B, C, D, and E were driving their vehicles along Ortigas Ave. A‘s car was ahead, followed by those of B, C, D, and E. When A‘s car reached the intersection of EDSA and Ortigas Avenue, the traffic light turned red so A immediately stepped on his brakes, followed by B, C, and D. However, E was using his cellphone and therefore was not aware that the traffic light had turned to red, so he bumped the car of D, then D hit the car of C, then C hit the car of B, then, finally, B hit the car of A. In this case, the immediate cause of the damage to the car of A is the car of B, but that is not the proximate cause. The proximate cause is the negligence of E (using his cellphone while driving) because it sets into motion the collision of all the cars. US v. Valdez (1921): The deceased is a member of the crew of a vessel. Accused is in charge of the crew members engaged in the loading of cargo in the vessel. Because the offended party was slow in his work, the accused shouted at him. The offended party replied that they would be better if he would not insult them. The accused resented this, and rising in rage, he moved towards the victim, with a big knife in hand threatening to kill him. The victim believing himself to be in immediate peril threw himself into the water. The victim died of drowning. The accused was prosecuted for homicide. His contention that his liability should be only for grave threats since he did not even stab the victim, that the victim died of drowning, and this can be considered as a supervening cause. Held: The deceased, in throwing himself into the river, acted solely in obedience to the instinct of self- preservation, and was in no sense legally responsible for his own death. As to him, it was but the exercise of a choice between two evils, and any reasonable person under the same circumstance might have done the same. This case illustrates that proximate cause does not require that the offender needs to actually touch the body of the offended party. It is enough that the offender generated in the mind of the offended party an immediate sense of danger that made him place his life at risk. In this case, the accused must, therefore, be considered the author of the death of the victim. Urbano v. IAC (1988): A and B had a quarrel and A started to hack B with a bolo. B was wounded at the back. Upon intervention, the two settled their differences. A agreed to shoulder all the expenses for the treatment of the wound of B, and to pay him also whatever loss of income B may have suffered. B, on the other hand, signed a statement of his forgiveness towards A and on that condition, he withdrew the complaint that he filed against A.
  25. 25. CRIMINAL LAW REVIEWER 25 After so many weeks of treatment in a clinic, the doctor pronounced that the wound was already healed. Thereafter, B went back to his farm. A month later, B came home and was chilling. Before midnight, he died out of tetanus poisoning. The heirs of B filed a case of homicide against A. Held: The Supreme Court held that A is not liable. A, if at all, is only liable for the physical injuries inflicted upon B. The Court took into account the incubation period of tetanus toxic. Medical evidence was presented, that tetanus toxic is good only for two weeks. If, indeed, the victim had incurred tetanus poisoning out of the wound inflicted by A, he would not have lasted for around a month (22 days). What brought about the tetanus to infect his body was his work in the farm using his bare hands. The rule is that the death of the victim must be the direct, natural, and logical consequence of the wounds inflicted upon him by the accused. However, the act of B working in his farm where the soil is filthy, using his own hands, is an efficient supervening cause which relieves A of any liability for the death of B. There is a likelihood that the wound was but the remote cause and its subsequent infection, for failure to take necessary precautions, with tetanus may have been the proximate cause of Javier's death with which the petitioner had nothing to do. The felony committed is not the proximate cause of the resulting injury when: (1)There is an active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; or (2)The resulting injury is due to the intentional act of the victim. The following are not efficient intervening cause: (1)The weak or diseased physical condition of the victim, as when one is suffering from tuberculosis or heart disease. (People v. Illustre). (2)The nervousness or temperament of the victim, as when a person dies in consequence of an internal hemorrhage brought on by moving about against the doctor‘s orders, because of his nervous condition due to the wound inflicted on the accused. (People v. Almonte). (3)Causes which are inherent in the victim, such (a) the victim not knowing to swim and (b) the victim being addicted to tuba drinking. (People v. Buhay and People v. Valdez). (4)Neglect of the victim or third person, such as the refusal by the injured party of medical attendance or surgical operation, or the failure of the doctor to give anti-tetanus injection to the injured person. (U.S. v. Marasigan). (5)Erroneous or unskillful medical or surgical treatment, as when the assault took place in anu outlaying barrio where proper modern surgical service was not available. (People v. Moldes). 5. Omission It is inaction, the failure to perform a positive duty which a person is bound to do. There must be a law requiring the doing or performing of an act. Punishable omissions in the RPC: (1) Art. 116: Misprision of treason. (2) Art. 137: Disloyalty of public officers or employees. (3) Art. 208: Negligence and tolerance in prosecution of offenses. (4) Art. 223: Conniving with or consenting to evasion. (5) Art. 275: Abandonment of person in danger and abandonment of one‘s own victim. (6) Art. 276: Abandoning a minor. B. Classifications of Felonies FELONIES ARE CLASSIFIED AS FOLLOWS: 1. According to the manner of their commission 2. According to the stages of their execution (ASKED 9 TIMES IN BAR EXAMS) 3. According to their gravity OTHER CLASSIFICATIONS: 4. As to count 5. As to nature This question was asked in the bar examination: How do you classify felonies and how are felonies defined?  TIP: What the examiner had in mind was Articles 3, 6 and 9. Do not write the classification of felonies under Book 2 of the Revised Penal Code.  The question does not require the candidate to classify but also to define.  The purpose of classifying penalties is to bring about a proportionate penalty and equitable punishment.  The penalties are graduated according to their degree of severity. ◦ The stages (Art. 6) may not apply to all kinds of felonies. ◦ There are felonies which do not admit of division.
  26. 26. CRIMINAL LAW REVIEWER 26 1. According to the Manner of Their Commission Under Art. 3, they are classified as: a. Intentional felonies or those committed with deliberate intent; and b. Culpable felonies or those resulting from negligence, reckless imprudence, lack of foresight or lack of skill. 2. According to the Stages of Their Execution Under Art. 6, they are classified as: a. Attempted b. Frustrated c. Consummated Note: The classification of stages of a felony in Article 6 are true only to crimes under the Revised Penal Code. It does NOT apply to crimes punished under special laws. However, even certain crimes which are punished under the Revised Penal Code do not admit of these stages. Related to this, classification of felonies as to: a. Formal Crimes: Crimes which are consummated in one instance. Example: ILLEGAL EXACTION under Art. 213  Mere demanding of an amount different from what the law authorizes him to collect will already consummate a crime, whether the taxpayer pays the amount being demanded or not. b. Material Felonies: crimes that have various stages of execution c. Felonies by omission: Crimes which have no attempted stage. d. Crimes which have NO FRUSTRATED STAGE: the essence of the crime is the act itself. Example: in rape, the slightest penetration already consummates the crime; the same is true for arson where the slightest burning already renders the crime complete. Valenzuela vs. People (2007): No crime of frustrated theft. Facts: A grocery boy was caught trying to abscond a box of Tide Ultrabar laundry soap from the Super Sale Club. The guards apprehended him at the store parking lot while trying to board a taxi. He claimed the theft was merely frustrated for he was not able to dispose of the goods. Held: The Revised Penal Code provisions on theft have not been designed in such fashion as to accommodate the Adiao, Dino and Empelis rulings. Again, there is no language in Article 308 that expressly or impliedly allows that the ―free disposition of the items stolen‖ is in any way determinative of whether the crime of theft has been produced. We thus conclude that under the Revised Penal Code, there is no crime of frustrated theft. 3. According to Their Gravity Under Art. 9, felonies are classified as: a. Grave felonies or those to which the law attaches (1) the capital punishment or (2) penalties which in any of their periods are afflictive; (a) Reclusion perpetua (b) Reclusion temporal (c) Perpetual or Absolute DQ (d) Perpetual or Temporary Special DQ (e) Prision mayor (f) Fine more than P6,000 b. Less grave felonies or those to which the law punishes (1) with penalties which in their maximum period is correctional; (a) Prision correccional (b) Arresto mayor (c) Suspension (d) Destierro (e) Fines equal to or more than P200 c. Light felonies or those infractions of law for the commission of which (1) the penalty is arresto menor, or a fine not exceeding P200, or both. (ASKED 4 TIMES IN BAR EXAMS) Why is it necessary to determine whether the crime is grave, less grave or light? (1) To determine  whether these felonies can be complexed or not;  the prescription of the crime and  the prescription of the penalty. (2) In other words, these are felonies classified according to their gravity, stages and the penalty attached to them. Take note that when the Revised Penal Code speaks of grave and less grave felonies, the definition makes a reference specifically to Art. 25 of the Revised Penal Code. Do not omit the phrase ―In accordance with Art. 25‖ because there is also a classification of penalties under Art. 26 that was not applied. This classification of felony according to gravity is important with respect to the question of prescription of crimes. (3) Ex. If the penalty is a fine and exactly P200.00, it is only considered a light felony under Art. 9. If the fine is imposed as an alternative penalty or as a single penalty, the fine of P200.00 is considered a correctional penalty under Art. 26, hence a less grave penalty.
  27. 27. CRIMINAL LAW REVIEWER 27 If the penalty is exactly P200.00, apply Art. 26 (with respect to prescription of penalties). It is considered as a correctional penalty and it prescribes in 10 years. If the offender is apprehended at any time within ten years, he can be made to suffer the fine. 4. As to Count Plurality of crimes may be in the form of: a. Compound Crime, b. Complex crime; and c. Composite crime. 5. As to Nature (ASKED 4 TIMES IN BAR EXAMS) a. Mala in se b. Mala prohibita Art. 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. NOTE: Please refer to p. [1] for the table comparing mala in se and mala prohibita C. Elements of Criminal Liability 1. Elements of Felonies a. There must be an act or omission ACTUS REUS/PHYSICAL ACT to be considered as a felony, there must be an act or omission;  Act: Any kind of body movement which tends to produce some effect in the external world; includes possession.  Omission: The failure to perform a positive duty which one is bound to do under the law. It is important that there is a law requiring the performance of an act; if there is no positive duty, there is no liability. Examples: Failure to render assistance,9 failure to issue receipt or non-disclosure of knowledge of conspiracy against the government.10 Mens rea: "A guilty mind, a guilty or wrongful purpose or criminal intent."11 Sometimes referred to in common parlance as the gravamen of the offense (bullseye of the crime), or criminal or deliberate intent. 9 Art. 275. Abandonment of person in danger and abandonment of one's own victim. 10 Art. 116. Misprision of treason. 11 Black's Law Dictionary, 5th ed., p. 889 For an act to be punishable, there must be a CONCURRENCE BETWEEN THE ACT and the INTENT. b. That the act or omission must be punishable by the RPC; c. That the act is performed or the omission incurred by means of dolo or culpa. Dolo is DELIBERATE INTENT otherwise referred to as criminal intent, and must be coupled with freedom of action and intelligence on the part of the offender as to the act done by him. Liability even in the absence of criminal intent There are two exceptions to the requirement of criminal intent: (a) Felonies committed by CULPA. (infra) (b) Offenses MALA PROHIBITA. (infra) Intentional Felonies The act or omission is performed or incurred with deliberate intent (with malice) to cause an injury to another. Requisites i. Freedom Voluntariness on the part of the person who commits the act or omission. If there is lack of freedom, the offender is exempt from liability (i.e., presence of irresistible force or uncontrollable fear) ii. Intelligence Capacity to know and understand the consequences of one‘s act. This power is necessary to determine the morality of human acts, the lack of which leads to non-existence of a crime. If there is lack of intelligence, the offender is exempt from liability. (i.e., offender is an imbecile, insane or under 15 years of age) iii. Criminal intent The purpose to use a particular means to effect a result. The intent to commit an act with malice, being purely a mental state, is presumed (but only if the act committed is unlawful). Such presumption arises from the proof of commission of an unlawful act. However, in some crimes, intent cannot be presumed being an integral element thereof; so it has to be proven. Example: In frustrated homicide, specific intent to kill is not presumed but must be proven, otherwise it is merely physical injuries.
  28. 28. CRIMINAL LAW REVIEWER 28 Recuerdo v. People (2006):  General criminal intent is an element of all crimes but malice is properly applied only to deliberate acts done on purpose and with design.  Evil intent must unite with an unlawful act for there to be a felony. A deliberate and unlawful act gives rise to a presumption of malice by intent.  On the other hand, specific intent is a definite and actual purpose to accomplish some particular thing. The general criminal intent is presumed from the criminal act and in the absence of any general intent is relied upon as a defense, such absence must be proved by the accused. Generally, a specific intent is not presumed. Its existence, as a matter of fact, must be proved by the State just as any other essential element. This may be shown, however, by the nature of the act, the circumstances under which it was committed, the means employed and the motive of the accused Note: If any of the elements is absent, there is no dolo. If there is no dolo, there could be no intentional felony.12 Categories of Intent General Criminal Intent Specific Criminal Intent The intention to do something wrong. The intention to commit a definite act. Presumed from the mere doing of a wrong act. Existence is not presumed. The burden is upon the wrong doer to prove that he acted without such criminal intent. Since the specific intent is an element of the crime, the burden is upon the prosecution to establish its existence. Illustration: Ernie, without any provocation, stabbed Bert. The very act of stabbing is the quantum of proof needed to establish the fact that Ernie intended to do something wrong. This is the GENERAL CRIMINAL INTENT. However, Ernie can be liable for more than one crime; thus, prosecution must establish Ernie‘s SPECIFIC INTENT in order to determine whether he planned to kill Bert or merely to inflict a whole lot of pain. Ernie can overturn the presumption of general criminal intent by proving that he was justified (infra), entitled to any exempting circumstances 12 Visbal vs. Buban (2003) (due to lack of discernment) or there was a mistake of fact (infra). If he is successful, then the presumption that he intended to do something wrong is overcome along with the need to determine specific intent. However, the result of Ernie‘s act will now determine his liability. Was his act justified that he incurs no liability? Is he entitled to any exemption? Or is his liability only mitigated? DISTINCTION Between Intent, Discernment and Motive (ASKED 4 TIMES IN BAR EXAMS) INTENT DISCERNMENT MOTIVE Determination to do a certain thing, an aim or purpose of the mind. The mental capacity to tell right from wrong. It is the moving power which impels one to do an act (ex. vengeance). Establish the nature and extent of culpability in intentional felonies. Integral to the element of intelligence, NOT intent. Generally, it is not an essential element of a crime, hence, it need not be proved for purposes of conviction (except in certain cases enumerated below) When Motive Becomes Material in Determining Criminal Liability (ASKED ONCE IN BAR EXAMS) i. When the act brings about variant crimes (e.g. kidnapping v. robbery13 ) ii. When there is doubt as to the identity of the assailant. iii. When there is the need to ascertain the truth between two antagonistic versions of the crime. iv. When the identification of the accused proceeds from an unreliable source and the testimony is inconclusive and not free from doubt. v. When there are no eyewitnesses to the crime, and when suspicion is likely to fall upon a number of persons. vi. When the evidence on the commission of the crime is purely circumstantial.  Lack of motive can aid in achieving acquittal of the accused, especially where there is doubt as to the identity of the accused.14 Illustration: Ernie came home and found his wife in a pleasant conversation with Bert, former suitor. Thereupon, he went to the kitchen, opened a drawer and pulled out a knife. He then stabbed Bert. The moving force is jealousy. 13 People v. Puno (1993) 14 People vs Hassan, 1988
  29. 29. CRIMINAL LAW REVIEWER 29 The intent is presumed from the resort to the knife, so that means he desires to kill Bert, the former suitor. Ernie‘s deliberate choice of something as lethal as the knife shows the presence of intelligence because it is his very awareness of the danger which prompted his choice. This only means that he knew what is right from wrong and deliberately chose to do what is wrong. Note: Discernment does not indicate the presence of intent, merely intelligence.15 Thus, discernment is necessary whether the crime is dolo or culpa. People v. Delos Santos (2003): Delos Santos stabs Flores with a kitchen knife hitting him on the different parts of his body, inflicting upon him mortal wounds which directly caused his death. He then argues that since the prosecution witnesses testified that there was no altercation between him and Flores, it follows that no motive to kill can be attributed to him. Held: The court held that the argument of Delos Santos is inconsequential. Proof of motive is not indispensable for a conviction, particularly where the accused is positively identified by an eyewitness and his participation is adequately established. In People vs. Galano, the court ruled that in the crime of murder, motive is not an element of the offense, it becomes material only when the evidence is circumstantial or inconclusive and there is some doubt on whether the accused had committed it. In this case, the court finds that no such doubt exists, as witnesses De Leon and Tablate positively identified Delos Santos. (1) Mistake of Fact (ignorantia facti excusat) (ASKED ONCE IN BAR EXAMS) It is a reasonable misapprehension of fact on the part of the person causing injury to another. Such person is NOT criminally liable as he acted without criminal intent. Under this principle, what is involved is the lack of intent on the part of the accused. Therefore, the defense of mistake of fact is an untenable defense in culpable felonies, where there is no intent to consider. An honest mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act. 15 People v. Cordova 1993 Requisites: (a) That the act done would have been lawful had the facts been as the accused believed them to be; (b) That the intention of the accused in performing the act should be lawful; (c) That the mistake must be without fault or carelessness on the part of the accused. When the accused is negligent, mistake of fact is not a defense.16 US v. Ah Chong (1910): A cook who stabs his roommate in the dark, honestly mistaking the latter to be a robber responsible for a series of break-ins in the area, and after crying out sufficient warnings and believing himself to be under attack, cannot be held criminally liable for homicide. 1) Would the stabbing be lawful if the facts were really what the houseboy believed? Yes. If it was really the robber and not the roommate then the houseboy was justified. 2) Was the houseboy‘s intention lawful? Yes. He was acting out of self-preservation. 3) Was the houseboy without fault or negligence? Yes. His deliberate intent to defend himself with the knife can be determined by the fact that he cried out sufficient warnings prior to the act. Stabbing the victim whom the accused believed to be an intruder showed a mistake of fact on his part which led him to take the facts as they appear to him and was pressed to take immediate action. However, mistake of fact is NOT availing in People v. Oanis (74 Phil. 257), because the police officers were at fault when they shot the escaped convict who was sleeping, without first ascertaining his identity. (It is only when the fugitive is determined to fight the officers of law trying to catch him that killing the former would be justified) (2) Culpa (CONSTRUCTIVE INTENT) Although there is no intentional felony, there could be culpable felony. The act or omission is not malicious; the injury caused being simply the incident of another act performed without malice. The element of criminal intent is replaced by negligence, imprudence, lack of foresight or lack of skill. Is culpa merely a mode of committing a crime or a crime in itself? (a) AS A MODE 16 People v. Oanis, 1988

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