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Criminal law 1 notes The Revised Penal Code: Luis Reyes

Criminal law Articles 1-5


June 18, 2012 Criminal law Branch or division which defines crimes, treats of their natures, and provides for their punishment Crime o Is an act committed or omitted in violation of a public law forbidding or commanding it. Sources o The revised penal code and its amendments o Special Penal laws passed by the Philippine commission, Philippine assembly, Philippine legislature, national assembly, the congress of the Philippines and the batansang pambansa o Penal presidential decrees issued during martial law No common law crimes in the Philippines Court decisions are not sources of criminal law because they merely explain the meaning of, and apply, the law as enacted by the legislative branch of the government The state has the authority, under its police power, to define and punish crimes and to law down the rules of procedure Have a large measure of discretion in creating and defining criminal offense. The right of prosecution and punishment for a crime is one of the attributes that by a natural law belongs to the sovereign power, instinctively charged by the common will of the member of society to look after, guard and defend the interests of the community, the individual and social rights and the liberties of every citizen and the guaranty of the exercise of his rights Limitations on the power of the lawmaking body to enact penal legislation The bill of rights of 1987 No ex post facto law or bill of attainder shall be enacted (Art. 3, sec. 22) o Bill of attainder- a legislative act which inflicts punishment without trial. Its essence is the substitution of legislative act for a judicial determination of guilt o Prohibits the passage of retroactive laws which are prejudicial to the accused Ex post facto law Makes criminal an act done after the passage of the law and which was innocent when done and punishes such an act. Aggravates a crime, or makes it greater than it was, when committed. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed Alters the legal rules of evidence and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense. Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful Deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty. Congress is also prohibited from passing an act which would inflict punishment without judicial trial, for that would constitute a bill of attainder. No person shall be held to answer for a criminal offense without the due process of law (Art. 3, sec. 14 (1)) o Requires that criminal laws must be of general application and must clearly define the acts and omissions punished by crime Constitutional rights of the accused Article 3, bill of rights of the 1987 constitution

Alexandra V. Khadka

Criminal law 1 notes The Revised Penal Code: Luis Reyes


1) All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies (Sec. 16) 2) No person shall be held to answer for a criminal offense without due process of law (Sec. 14 [1]) 3) All persons except those charged with offenses punishable by reclusion perpertua, when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties or be release on recognizance as may be provided by law. a. The right of bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended b. Excessive bail shall not be required (Sec. 13) 4) The accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have speedy, impartial, and public trial, to meet the witnesses face to face and to have compulsory process to secure the attendance of witness and the production of evidence in his behalf. a. After arraignment, trial may proceed notwithstanding the absence of the accused provided that has been duly notified and failure to appear is unjustifiable. (sec. 14 (2)) 5) No person shall be compelled to be a witness against him (Sec. 17) a. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. b. If the person cannot afford the services of counsel, he must be provided with one. i. This right cannot be waived except in writing and in the presence of counsel. (Section 12 [1]) c. No torture, forced, violence, threat, intimidation or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado or other similar forms of detention are prohibited (Section 12 [2]) d. Any confession or admission obtained in violation of this or section 17 hereof shall be inadmissible in evidence against him (sec. 12 [3]) 6) Excessive fined shall not be imposed, nor curel, degrading or inhuman punishment inflicted (Sec. 19 [1]) 7) NO person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law an an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act (sec. 21) 8) Free access to courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty (sec.11) Statutory rights of the accused 1. To be presumed innocent until the contrary is proved beyond reasonable doubt 2. To be informed of the nature and cause of the accusation against him 3. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment 4. To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in manner prejudice him 5. TO be exempt from being compelled to be a witness against himself 6. To confront and cross-examine the witnesses against him at the trial 7. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. 8. To have a speedy, impartial and public trial 9. To appeal in all cases allowed and in the manner prescribed by law. Rights of the accused which can be waived and rights which cannot be waived Right can be waived o The right of the accused to confrontation and cross examination o Personal Rights cannot be waived o The right of the accused to be informed of the nature and cause of the accusation against him o Involved public interest Characteristics of Criminal law

Alexandra V. Khadka

Criminal law 1 notes The Revised Penal Code: Luis Reyes


1) General a. Criminal law is binding on all persons who live or sojourn in Philippines territory (art. 14, of the civil code) i. People vs. Galacgac ii. As a general rule, jurisdiction of civil courts is not affected by the military character of the accused 1. U.S vs. Sweet b. Civil courts have concurrent jurisdiction with general courts-martial over soldiers of the AFP i. Even in times of war, the civil courts, have concurrent jurisdiction with the military courts or general courts-martial over soldier of the Philippine army., provided that in place of the commission of the crime no hostilities are in progress and civil courts are functioning ii. The RPC or other penal law is not applicable when a military court takes cognizance of the case 1. When the military court takes cognizance of the case involving a person subject to military law, the articles of war apply and not the RPC or other penal law 2. Members of the armed forces of the Philippines and other person subject to military law, including member of the citizens armed forces geographical units, who commit crimes or offences under the RPC, other penal laws or local government ordinance, regardless of whether or not civilians are coaccused, victims or offended parties which may be natural or juridical persons, shall be tied by the proper civil courts, except when the offence shall be tried by court martial: provided that the president of the Philippines maw, in the interest of justice, order or direct at any time before arraignment that any such crimes or offenses be tried by the proper civil courts (Sec 1, R.A no. 7055) c. Service-connected crimes or offenses shall be limited to those defined in Article 54-70, Articles 72-92 and articles 95-97 of the commonwealth act no. 408 i. C.A no. 408 1. Articles of war a. Aritcles 54-70, articles 72-97 and articles 95-97 b. R.A no. 7055 i. It mandates service-connected crimes or offenses shall be tired by court martial ii. The prosecution of an accused before a court martial is a bar to another prosecution for the same offense. 1. A court martial is a court and the prosecution of an accused before it is a criminal, not an administrative case, and therefore, it would be in certain conditions, a bar to another prosecution of the accused for the same offense. a. The latter would place the accused in double jeopardy b. Marcos and Concordia Vs. Chief of staff d. Offenders accused of war crimes are triable by military commission i. Cantos Vs. Styer Exemptions to the general application of Criminal Law 1) Treaty stipulations a. Ex. Bases agreements 2) Law of preferential application a. Republic act. No. 75 i. In favor of diplomatic representatives and their domestic servants 3) Persons exempt from the operation of our criminal law by virtue of principles of public international law a. Sovereigns and chiefs of state b. Ambassadors, ministers plenipotentiary, ministers resident, and charges daffaires

Alexandra V. Khadka

Criminal law 1 notes The Revised Penal Code: Luis Reyes


i. A consul is not entitled to the privileges and immunities of an ambassador or minister 1. Not entitled to the same privileges and immunities of an ambassador or minister but is subject to the laws and regulations of the country to which he is accredited 2. In the absence of a treaty to the contrary, a consul is not exempt from criminal prosecution for violations of the laws of the country in which he resides. 3. Does not possess the status of and cannot claim the privileges and immunities accorded to ambassadors and minters 2. Territorial Criminal laws undertake to punish crimes committed within Philippine territory As a rule. Penal laws of the Philippines are enforceable only within its territory. If the power to define crimes is the power of the sovereign, it must be followed that such sovereign can only exercise such power within its jurisdiction/territory. o 1. Territory o 2. Atmosphere o 3. Interior o 4. Maritime zone Archipelago o All the islands and waters embraced therein and all the territories over which the Philippines has sovereignty or jurisdiction, consisting of the sea bed, sub soil, the insular shelves and other submarine areas. The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internatl waters of the Philippines. Exceptions o Should commit the offence while on a Philippine ship or airship o Should forge or counterfeit any coin, currency, note of the Philippines or obligations and securities issued by the government of the Philippines o Should be liable for acts connected with the introduction in the Philippines of the obligations and securities mentioned in the preceding number o While being public officers or employees, should commit an offense in the exercise of their functions o Should commit any of the crimes against national security and the law of nations, defined in the title one of book two of the RPC 3. Prospective A penal law cannot make an act punishable in a manner in which it was not punishable when committed. Article 366 of the RPC o Crimes are punished under the laws in force at the time of their commission Exceptions o Whenever a new statute dealing with crime established more lenient or favorable to the accused, it can be given a retroactive effect But this exception has no application Where the new law is expressly made inapplicable to pending actions or existing causes of actions o Tavera V. Valdes Where the offender is a habitual criminal under rule 5, article 62, RPC (Art 22, RPC) Different effect of the repeal on penal law The repeal makes the penalty lighter in the new law, the new law shall be applied, 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.

Alexandra V. Khadka

Criminal law 1 notes The Revised Penal Code: Luis Reyes


If the new law imposes a heavier penalty, the law in force at the time of the commission of the offense shall be applied If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable, the crime is obliterated o People Vs. Tamayo When repeal is absolute, the offense ceases to be criminal When the new law and the old law penalize the same offenses the offender can be tied under the old law When the repealing law fails to penalize the offense under the old law, the accused cannot be convicted under the new law A person erroneously accused and convicted under a repealed statute maybe punished under repealing statue A new law which omits anything contained in the old law dealing on the same subject, operate as a repeal of anything not so included in the amendatory act Self- repealing law Construction of penal law 1) Penal laws are strictly construed against the government and liberally in favor of the accused a. The rule that penal statutes should be strictly construed against the state may be invoked only where there is ambiguous and there is doubt as to its interpretation. b. Where the law is clear and unambiguous, there is no room for the application of the rule 2) In the construction or interpretation of the provisions of the RPC, the Spanish text is controlling because it was approved by the legislature in its Spanish text Article 1: Time when act takes effect This code shall take effect on the first day of January, nineteen hundred and thirty two 1) Classical view a. This RPC like the old penal code, to be based on the principles of the old or classical school b. Characteristics i. The basis of criminal liability is human free will and the purpose of the penalty of retribution ii. That man is essentially a moral creature with an absolute free will to choose between good and even, thereby placing more stress upon the effect or result of the felonious act than upon the man, the criminal himself iii. It has endeavored to establish a mechanical and direct proportion between crime and penalty iv. There is scant regard to the human element 2) Positivist theory a. Characteristics i. That man is subdued occasionally by a strange or morbid phenomenon which constrains him to do wrong, in spite of or contrary to his volition ii. That crimes is essentially a social and natural phenomenon and as such, it cannot be treated and checked by the application of abstract principles of law and jurisprudence nor by the imposition of punishment, fixed and determined a priori; but rather through the enforcement of individual measure in each particular case after a thorough, personal and individual investigation conducted by a competent body of psychiatrists and social scientists. Article two: Application of its provisions

Alexandra V. Khadka

Criminal law 1 notes The Revised Penal Code: Luis Reyes


Except as provided in the treaties and laws of pref erential application, the provisions of this code shall be enforced not only within the Philippine archipelago, including its atmosphere, its interior waters and maritime zone, but also outside jurisdiction against who: o o o o o Should commit the offence while on a Philippine ship or airship Should forge or counterfeit any coin, currency, note of the Philippines or obligations and securities issued by the government of the Philippines Should be liable for acts connected with the introduction in the Philippines of the obligations and securities mentioned in the preceding number While being public officers or employees, should commit an offense in the exercise of their functions Should commit any of the crimes against national security and the law of nations, defined in the title one of book two of the RPC

Important words and phrases 1) Except as provided in the treaties and laws of preferential application a. That while general rule is that provisions of the RPC shall be enforce against any person who violates any of its provisions while living or sojourning in the Philippines, the exceptions to that rule may be provided by the treaties and laws of preferential application. 2) Its atmosphere a. Extended to all the air space which covers its territory b. Subject to the right of way or easement in favor of foreign aircraft 3) Interior waters a. Includes creeks, rivers, lakes, bays, gulfs, straights, coves, inlets, and roadsteads i. Within the three-mile limit 4) Maritime Zone a. The states by means of treaties have fixed length to three miles from the coastline, starting from the low water mark b. It includes bays, gulfs, adjacent parts of the sea or recesses in the coastline whose width at their entrance is not more than twelve miles measure in a straight line from headland to headland and all straits less than six miles wide Foreign vessels 1) Extension of our territory 2) Also considered the extension of the territory of other state An offense committed in high seas on board a foreign merchant vessel is not triable in our courts Rules as to jurisdiction over crimes committed aboard foreign merchant vessels 1) French Rule such crimes are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered. French courts therefore claim exclusive jurisdiction over crimes committed on board French merchant vessels in foreign ports by one member of the crew against another. a. (US vs. Bull) 2) English Rule The English only exercise their jurisdiction on issues that involve the internal management of vessel, otherwise, such crimes are triable in that country where they were committed. (US vs. Bull) a. Note: In the Philippines, we observe the English rule Article 3: Definition 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. 1) Felonies

Alexandra V. Khadka

Criminal law 1 notes The Revised Penal Code: Luis Reyes


a. b. Are acts and omissions punishable by the RPC Elements i. There must be an act of omission ii. That act or omission must be punishable by the RPC iii. That the act is performed or the omission incurred by means of dolo or culpa

2) Act a. b.

3)

4)

5)

6)

Bodily movement tending to produce some effect in the external world Being unnecessary that the same be actually produced, as the possibility of its production is sufficient c. Constituting a felony or at least, an overt act of that felony, that is, an external act which has direct connection with the felony intended to be committed. d. The act must be external, because internal acts are beyond the sphere of penal law i. A criminal though or mere intention no matter how immoral or improper it may be, will never constitute a felony Omission a. Inaction i. The failure to perform a positive duty which one is bound to do b. Omission must be punishable by law Punishable by law a. Nullum crimen, nulla poena sine lege i. There is no crime where there is no law punishing it b. The phrase should be understood to mean Punished by the RPC not by special law Imprudence a. If a person fails to take the necessary precaution to avoid injury to person or damage to property b. Lack of skill Negligence a. If a person fails to pay proper attention and to use due diligence in foreseeing the injury or damage impending to be cause b. Lack of foresight

Classification of felonies 1) Intentional felonies a. Offender is malicious b. With deliberate intent c. Has the intention to causes an injury to another d. Dolo i. Malice ii. The intention to do an injury to the person, property or right of another, such offender acts with malise iii. If the act of omission is punished by the RPC, he is liable for intentional felony iv. Requisites for dolo 1. He must have the freedom while doing an act or omitting to do an act a. When a person acts without freedom, he is no longer a human being but a tool b. His liability is as much as that of the knife that wounds , or the torch that sets fire c. A person who acts under the compulsion of an irresistible force is exempt from criminal liability 2. He must have intelligence while doing the act of omitting to do an act a. Without this power, necessary to determine the morality of human acts, no crime can exist b. The imbecile or the insane, and the infant under nine years of age, as well as the minor over nine but less than fifteen years old and

Alexandra V. Khadka

Criminal law 1 notes The Revised Penal Code: Luis Reyes


acting without discernment, have no criminal liability because they act without intelligence 3. He must have intent while doing the act or omitting to do the act a. Intent to commit the act with malice , being purely a mental process, is presumed and the presumption arises from the proof of the commission of an unlawful act 2) Culpable felonies a. Not malicious b. Unintentional c. The incident of another act performed without malice d. Culpa i. Means of fault ii. Performed without malice but at the same time punishable, though in a lesser degree and with an equal result. iii. Imprudence or negligence 3) Mistake of fact a. Mistake of fact relieves the accused from criminal liability i. Ignorantia facti excusat b. An honest mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act c. Requisites i. That the act done would have been lawful had the facts been as the accused believed them to be ii. That the intention of the accused in performing the act should be lawful iii. That the mistake must be without fault or carelessness on the part of the accused d. The act done would have been lawful, had the facts been as the accused believed them to be **** Read 53-63 Article 4: Criminal liability Criminal liability shall be incurred: 1) By any person committing a felony although the wrongful act done be different from that which he intended a. A person committing a felony is criminally liable although the consequences of the felonious act are not intended by him. b. El que de la cuasa es cause del mall causado i. He who is the case of the cause is the cause of the evil causesd. 2) By any person performing an act which would be an offense against persons, or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means Application 1) Criminal liability is incurred by any person in the cases mentioned in the two paragraphs of article 4 2) This article has no reference to the manner criminal liability is incurred 3) Article 3- performing or failing to do an act, when either is punished by law, by means of deceit or fault 4) One who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen or intended or not When a person commits a felony with malice, he intends the consequences of his felonious act. o But there are cases where the consequence of the felonious act of the offender are not intended by him The wrongful act done is different from that which he intended Important words

Alexandra V. Khadka

Criminal law 1 notes The Revised Penal Code: Luis Reyes


1) Committing a felony a. Not merely by performing an act i. It is also an act of omission punishable by the RPC b. Dolo with malice c. Wrongful acts results from imprudence, negligence, lack of foresight and lack of skill of the offender, his liability should be determined under article 365, which defines and penalizes criminal negligence d. The act or omission should not be punished by a special law, because the offender is violating a special law may not have the intent to do an injury to another. i. The wrongful act done could not be different, as the offender did not intend to do any other injury e. When person has not committed a felony, he is not criminally liable for the result which is not intended 2) Although wrongful act done be different from that which he intended a. Mistake in identity still liable b. Mistake in the blow still liable c. The act exceeds the intent, that is, the injurious result is greater than that intended still liableeven if there is a difference in the intention i. Requisites 1. That an intentional felony has been committed a. No felony is committed is not punishable by the revised penal code b. When the act is covered by any of the justifying circumstance enumerated by article 11 2. That the wrong done to the aggrieved party be direct, natural, logical consequence of the felony committed by the offender ii. d. Any person who creates in anothers mind an immediate sense of danger, which causes the latter to do something resulting in the latters injuries, is liable for resulting injuries e. Wrong done must be the direct, natural and logical consequence of felonious act i. It is an established rule that a person is criminally responsible for acts committed by him in violation of the law, and for all the natural and logical consequences resulting therefrom. 1. Natural a. To an occurrence in the ordinary course of human life 2. Logical a. There is a rational connection between the act of the accused and the resulting injury or damage 3. People vs. Reloj 4. US Vs. Marasigan 5. People vs. Quianson f. The felony committed must be the proximate cause of the resulting injury i. Proximate cause 1. That cause, which, in natural and continuous sequence, unbroken by the any intervening cause, produces the injury, and without which the result would not have occurred 2. Is that acting first and producing the injury , either immediately or by setting other event in motion, all constituting a natural and continuous chain of events in motion, each having a close causal connection with it immediate predecessor. ii. When it is not a proximate cause 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 o 2. The resulting injury is due to the intentional act of the victim iii. Cause and effect

Alexandra V. Khadka

Criminal law 1 notes The Revised Penal Code: Luis Reyes


1. The cause being the felonious act of the offended 2. The effect being the resultant injuries and /or death of the victim 3. The cause-effect relationship is not altered or change because of pre-existing conditions a. Pathological condition of the victim (las condiciones patologica del lesionado) b. The predisposition of the offended party (la constitucion fisica del herido) iv. Not efficient intervening causes (do no break the relation of cause and effect) 1. The weak or diseased physical condition of the victim 2. The nervousness or temperament of the victim 3. Causes which are inherent to the victim 4. Neglect of the victim or third person a. Refusal of medical attendance and surgical operation 5. Erroneous or unskillful medical or surgical treatment Natural consequence of physical injuries inflicted i. That the victim at the time the physical injuries were inflicted was in normal health ii. That death may be expect from the physical injuries iii. That death ensued within a reasonable time Not direct, natural and logical consequence of the felony committed i. If consequences produced have resulted from a distinct act or fact absolutely foreign from the criminal act, the offender is not responsible for such consequences

g.

h.

Impossible Crimes 1) The commission of an impossible crime is indicative of criminal propensity or criminal tendency on the part of the actor. Such person is a potential criminal. 2) Requisites a. That the act performed would be an offense against persons or property b. The act was done with evil intent c. That is accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual d. That the act performed should not constitute a violation of another provision of the RPC Important words (Article 2) 1) Performing an act which would be an offense against persons or property a. The act performed would have been against persons or property i. Felonies against property 1. Parricide 2. Murder 3. Homicide 4. Infanticide 5. Abortion 6. Duel 7. Physical injuries 8. Rape b. Felonies against property i. Robbery ii. Brigandage iii. Theft iv. Usurpation v. Culpable insolvency vi. Swindling and other deciets vii. Chattel mortgage

Alexandra V. Khadka

Criminal law 1 notes The Revised Penal Code: Luis Reyes


viii. Arson and other crimes involving destruction ix. Malicious mischief c. That the act was done with evil intent 2) Were it not for the inherent impossibility of its accomplished or on an account of inadequate or ineffectual means a. In impossible crime, the act performed by the offender cannot product an offense against persons or property i. The commission of the offense is inherently impossible of accomplishment 1. The act intended by the offender is by nature one of impossible accomplishment a. Would be an offense against persons b. Would be an offense against property ii. The means employed is either inadequate or ineffectual b. Purpose of the law punishing an impossible crime i. To suppress criminal propensity or criminal tendencies. Article 5: Duty of the court in connection with acts which should be repressed but which are not covered by the law and in cases of excessive penalties Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision and shall report to the chief executive, through the DOJ, the reasons which induce the court to believe that said act should be made the subject of penal legislation. In the same, the court shall submit to the chief executive, through the DOH, such statement as may be deemed proper; without suspending the execution of 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 1) The first paragraph a. Contemplates a trial of a criminal case i. The act committed by the accused appears not to be punishable by any law ii. But the court deems it proper to repress such act iii. In that case, the court must render the proper decision by dismissing the case and acquitting the accused iv. The judge must then make a report to the Chief executive through the secretary of justice, stating the reasons which induce him to believe that the said act should be made the subject of penal legislation b. Basis i. Nullem Crimen, nulla poena sine lege 1. No crime if there is no law that punishes the act 2) Second paragraph a. Requirements i. The court after trial finds the accused guilty ii. The penalty provided by law and wchih the court imposes for the crime committed appears to be clearly excessive 1. The accused acted with lesser degree of malice 2. There is no injury or the injury caused is of lesser gravity iii. The court should not suspend the execution of the sentence iv. The judge should submit a statement to the chief executive through the secretary of justice, recommending executive clemency

Alexandra V. Khadka