Notes on Criminal LawSECRTARIA, Norberto M

Criminal lawis that branch of law which defines crimes, threat of their nature and provide for their punishment. Crimeis an act and omission punishable by any law commanding or forbidding it. SOURCES OF CRIMINAL LAW 1. Revise Penal Code 2. Special Penal Laws 3. Penal Presidential Decrees LIMITATION IN THE ENACTMENT OF PENAL LEGISLATION 1. No ex post facto or bill of attainder shall be enacted. 2. No person shall be held to answer for a criminal offense without due process of law. An EX POST FACT LAW is one which: a. Makes an act criminal before the passage of the law, where innocent when done. b. Aggravates crime c. Changes the punishment and makes it greater d. Alter the legal rules and allows conviction upon less or different testimony than the law required at the moment of commission. e. Assumes to regulate civil right and remedies only, in effect imposes penalty or deprivation of right. f. 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. A Bill of Attainderis a law which inflicts punishment without trial. Characteristic of Criminal Law GENERALCriminal law is binding to all persons who live or sojourn in the Philippines (art 14 of NCC) Exception to the application of the general rule of the criminal law: 1. Treaties or Treaty Stipulations 2. Law of preferential application Exceptions to the Exceptions: 1. When a Philippine ambassador has civil liability before he entered into such office, then he is still liable of such. 2. Reciprocityor if the other country do not give this luxury to our ambassadors there, making it therefore, unfair if we will give them immunity here. 3. Consuls are not entitled to the exception. TERRITORIALundertake or punish only with crimes committed within the Philippines. Exceptions are listed in: 1. Art 2 of the Revise Penal Code: PROSPECTIVEcriminal law cannot make to punish an act in a manner in which was not punishable when done. Exceptions: 1.Criminal Law may apply retroactively when it is favorable to the acused. Exception to that exception: 1. When the new law specifically express its inapplicability to the pending action or existing cause of action (Tavera v Valdes) 2. When the offender is a habitual criminal. Effects of Repeal of Penal Laws: 1. If the repeal makes the penalty lighter, the new law shall apply. 2. If the repeal makes the penalty heavier, the law at the moment of the commission of the crime shall apply. 3. If the repeal is absolute and the crime under the new law is no longer punishable, then the crime is obliterated. Effect of Repeal: People v Tamayo 61 phil 225 F: The accused was prosecuted and convicted with an ordinance. While the case was pending appeal, the ordinance was repealed by eliminating the section under which the accused was being prosecuted. R: the repeal is absolute, where repeal is absolute, and not a reenactment and repeal by implication, the offense ceases to be criminal. The accused must be acquitted. Construction of Penal Laws 1. Penal laws are strictly construed against the Government and Liberally in favor of the accused (U.S. v. Abad Santos 36 Phil 243) 2. Construction or interpretation of the provision of the RPC, the Spanish text is controlling, because it was approved by the Philippine Legislature in its Spanish Text (People v. Manaba 58 Phil 665)

Notes on Criminal LawSECRTARIA, Norberto M

Theories of Criminal Law a. Classical Theory Man is essentially a moral creature with an absolute free will to choose between good and evil and therefore more stress is placed upon the result of the felonious act than upon the criminal himself. Positivist Theory Man is subdued occasionally by a strange and morbid phenomenon which conditions him to do wrong in spite of or contrary to his volition. Mala in se vs Mala Prohibita b. The former is act or omission which is evil per se or inherently evil and the latter is a crime only by prohibition. Art 1. Time when act takes effectthis code shall take effect on the first day of January nineteen hundred and thirty two. Art 2. Application of its provisionsExcept as provided in the treaties and laws of preferential application, the provisions of this shall be enforced not only within the Philippine archipelago, including its atmosphere, its interior waters and maritime zones, but also outside of its jurisdiction, against those who: This article of the revise penal code constitutes an exception to the territorial characteristic of the criminal law in the Philippines; In cases of treaty stipulations granting immunity from suit to head of state and ambassadors: while not including consuls. a. Should commit an offense while on a Philippine ship or airship; When a crime is committed within the Philippine ship or airship while in the Philippine waters or atmosphere or while in the international waters, provided that: 1. The ship or airship is duly registered in bureau of customs or any authorized agency concern. 2. The ship or airship is not in a foreign territory, otherwise the law of the that state will apply. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the government of the Philippine islands. Counterfeited money and products of the Philippines wherever that crime is committed, either here in the Philippines or outside its territory. Should be liable for acts connected with the introduction into these islands the obligations and securities mentioned in the preceding number; The introduction to the Philippines those counterfeited money and an or products mentioned in the preceding number. While being public officers and employees, should commit and offense in the exercise of its official function; or When a public officers or employees, commits an offense in the exercise of its official function even outside the Philippine territory, ex. A judge accept bribe in japan.

b.

c.

d.

Should commit an offense against national security and the law of nations defined in title one book two of this code. Those who commit a crime against national security, and the law of nations such as: piracy in the high seas. French ruleall crimes are not triable, unless they affect peace and security of the territory. English Ruleall crimes in the vessel are triable, unless its an internal one. This is where Philippines categorized. TITLE ONE FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY CHAPTER ONE

e.

Notes on Criminal LawSECRTARIA, Norberto M

FELONIES Art 3. Definitionacts and omissions punishable by law are felonies. Nullum crimen, Nulla poena sine legewhen there is no law prohibiting it, there is no crime. Felonies are committed not only by means of deceit but also by means of fault. There is deceit when an act is performed with deliberate intent and there is fault when the wrongful act results from negligence, imprudence, lack of foresight or lack of skill. Elements of Felony: a. There must be act or omission b. It must be punishable by the RPC c. The act is performed by either dolo or culpa (People v. Gonzales) Dolo is act with malice or intentional; Culpa is an act without malice or unintentional. Requisites of Culpa: a. He must have freedom b. He must have intelligence c. He must be Negligent, Imprudent, lacks foresight or skill when doing the act. Requisites of Dolo: a. He must have Freedomone must have willfully done a wrongful act, otherwise if somebody forced him to do so, he is exempt from liability under art 12 par 5 of this code. b. He must have Intelligencethus imbecile or insane is not liable. c. He must have Intentcommit an act with malice or with intention. There is no felony by dolo when there is no intent. Mistake of fact a. That the act would have been unlawful 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; and c. That the mistake must be without fault or carelessness on the part of the accused. u.s. v ah chong- a roommate was killed by the thought it was an intruder. Mistake of fact acquitted ah chong. Actus me invite factus non est meus actusan act done by me against my will is not my act Dolo is not required in the special laws, under special laws, the act alone constitutes an offense. Intent vs Motive The latter is the moving power which impels one to action for a definite result while the former is the purpose to effect such result. Motive is proved by evidence, testimonies, witnesses etc. Art 4. Criminal liabilitycriminal liability shall be incurred: 1. By any person committing a felony though the wrongful act done be different from that which he intended. Error in personaemistake in the identity of the victim Aberration ictusthere is a mistake in the blow Praeter intentionemthe injurious result is greater that that intended. 2. By any person performing an act which would be an offense against person or property, where it not for the inherent impossibility of its accomplishment, or an account of the employment of inadequate or ineffectual means. Impossible crimethere is criminal tendency on the part of the actor. Requisites of Impossible Crimes; a. An act which would be an offense against persons or property. b. That the act done with evil intent.

Notes on Criminal LawSECRTARIA, Norberto M

c. d. That the accomplishment is inherently impossible That the act should not constitute a violation of another provision of this code.

Art 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penaltieswhenever a court has knowledge of an act which should be deem proper to repress and which are not punishable by law, it shall render the proper decision, and shall report to the chief executive through the department of justice, the reason which induce the court to believe that said act should be made subject of legislation. In the same way, the court shall submit to the chief executive through the department of justice, such statements as may be deem proper, without suspending the execution of the sentence, 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. In cases of Excessive Penalties: 1. The court after trial finds the accused guilty; 2. The penalty of the crime committed appears to be clearly excessive; a. The accuse acted with lesser degree of malice, b. There is no injury or the injury is lesser in gravity 3. The court should not suspend the execution of the sentence 4. The judge should submit a statement to the CE trough the SJ recommending executive clemency. Art 6. Consummated, frustrated, and attempted feloniesconsummated felonies as well as those frustrated and attempted are punishable. A felony is consummated when all the elements necessary for the execution and the accomplishment are present, it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which would nevertheless produce it by reason of cause independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly by overt acts, but does not perform all the acts of execution which would produce felony by reason of some cause or accident other than his own spontaneous desistance. Development of a crime 1. Internal actsuch are a mere idea confined in the human mind which at the moment do not constitute a crim. 2. External act a. Preparatory actsordinarily they are not punishable. Hence proposal and conspiracy to commit felony unless the law provides for their punishment. Exceptions: Person carrying deadly weapon. b. Acts of Executionthey are punishable under the revise penal code. Attempted, frustrated and consummated: Attempt: Offender commences the commission of a felony directly by overt acts; a. Physical activity or deedovert act He does not perform all the execution The offender not stopped by his own spontaneous desistance failure to perform all acts of execution because of some accident. Non performance of all the acts of execution due to cause or accident Frustrated: an act serious enough to cause death or produce the felony; The offender performs all the acts of execution; The act is performed would produce the felony as a consequence.

Notes on Criminal LawSECRTARIA, Norberto M

Felony is not produced By cause independent of the will of the perpetrator. o If the perpetrator itself after all the act of execution was made moved to prevent the consummation of the crime, then there can be no frustration of crime.

Consummated: All the elements of the crime are present Manner of committing a crime: 1. Formal Crimesconsummated in one instant, there is no attempt. Like slander and false testimony, which are consummated in one direct instant. 2. Crimes consummated by mere attempt or proposal or by overt actsFlight to enemys country or corruption of minorsovert act in itself consummates the crime. 3. Felony by omissionsthere can be no attempted stage when a felony is by omission. He omits to perform an act which the law requires him to do so. 4. Crimes requiring the intervention of two persons to commit them are consummated by mere agreement like betting in sports contest and corruption of public officers which requires the intervention of two persons to commit them, the same are consummated by mere agreement. 5. Material crimesthere are three stages of execution. Ex. Homicide, rape etc. a. Consummated rapethe accused lay on top of a girl nine years of age over fifteen minutes. The girl testified that there was partial penetration of the male organ in her private part and she felt intense pain. HELD: the entry of the labia lips of the female organ without rupture of the hymen, or laceration of the vagina is generally held sufficient to warrant conviction of the accused for consummated crime of rape. (People v. Hernandez, 49 Phil 980) b. Frustrated Rapethe accused endeavor to have sexual intercourse with a girl three years and eleven months old. There was doubt whether he succeeded in penetrating the vagina. HELD: There being no conclusive evidence of penetration of the genital organ of the child, the accused is entitled of the benefit of the doubt and can only be found guilty of frustrated rape (People v. Erina, 50 Phil 998) c. Attempted Rapethe accused placed himself on the top of a woman and raising her skirt in an effort to get his knees between her legs while his hands held her arms firmly, endeavoring to have sexual intercourse with her, but did not succeed because the offended party escaped HELD: attempted rape. Art 7. When light felonies are punishablelight felonies are punishable only when they have been consummated with the exception of those committed against persons or property. 1. Slight physical injuries 2. Theft 3. Alteration of boundary marks 4. Malicious mischief 5. Intriguing against honor Art 8. Conspiracy and proposal to commit felonyconspiracy and proposal to commit felony are punishable only in cases when the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning a commission of a felony and decide to commit it. There is proposal is when the person who decide to commit a felony proposes its execution to some other person or persons. Unless there is a specific provision in the RPC providing a penalty for conspiracy or proposal to commit felony, mere conspiracy or proposal is not a felony. Conspiracy and proposal is punishable in: 1. Treason (art 115)

Notes on Criminal LawSECRTARIA, Norberto M

2. Rebellion (art 136) 3. Sedition (art 141) Requisites of conspiracy: 1. Two or more person come to an agreement 2. Agreement for a commission of a felony 3. That the execution be decided upon Art 9. Grave felonies, less grave felonies and light felonies grave felonies are those to which the law attaches the capital punishment or penalty which in any of their periods are afflictive in accordance with article 25 of this code. Less grave felonies are those to which the law punishes, which in their maximum period are correctional, in accordance with the above mentioned art. Light felonies are those infractions with the law for the commission of which a penalty of arresto menor or a fine of not exceeding 200 pesos or both is provided. Capital Punishment is death penalty Or any of their periods are afflictive a. Reclusion perpetua b. Reclusion temporal c. Perpetual or temporary absolute disqualification d. Perpetual or temporary special disqualification e. Prison Mayor Art 10. Offenses not subject with the provisions of this codeoffense which are or in the future may be punishable under special law are not subject to the provisions of this code, this code shall be supplementary to such laws, unless the latter specially provides the contrary. All crimes which are not herein stated under this code which may be prohibited under special penal enactment from the legislative body are not covered by this code, this shall then act as supplementary to such laws, unless such laws provides the contrary.