CRIMINAL LAW I REVIEWER Article 1.

This Code shall take effect on the first day of January, nineteen hundred thirty two. Criminal Law a branch of municipal law which defines crimes treats of their nature and provides for their punishment. Sources of Criminal Law 1. 2. Revised Penal Code Special Penal Laws

Bill of attainder a legislative act that inflicts punishment without judicial trial. Due process of law means a law hears before it condemns, proceeds upon inquiry and renders judgment only after trial Habitual Delinquent - a person shall be deemed to be habitual delinquent, if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto estafa or falsification, he is found guilty of any of said crimes a third time or oftener. *No common law in the Philippines. The rule is: There is no crime if there is no law punishing it. How penal laws are construed 1. Liberally in favor of the accused invoked only when there is ambiguity in the law and doubt as to its interpretation. No act should be considered criminal unless clearly made so by the law. Strictly against the State - when there is ambiguity in the law and doubt as to its interpretation. Equipoise Doctrine the evidence of the prosecution and of the defense is equally balance, the scale should be tilted ifo the accused in obedience to the presumption of innocence. The void-for-vagueness doctrine a statute stating a criminal offense must define the offense with sufficient definiteness that persons of ordinary intelligence can understand what conduct is prohibited in the statute. The doctrine of pro-reo when a circumstance is susceptible to two interpretations one favorable to the accused and the other is not, the favorable interpretation shall prevail.

BASIC MAXIMS OF CRIMINAL LAW 1. Nullum Crimen, nulla poena sine legeThere is no crime when there is no law punishing it. Actus no facit reum, nisi mens sit rea The act cannot be criminal where the mind is not criminal. This maxim applies only to intentional felonies. Doctrine of Pro Reo Whenever the law admits 2 interpretations, lenient and strict-the lenient or favorable to the accused must be adopted. Utilitarian or Protective Theory - the purpose of punishment is the protection of the society from actual and potential wrongdoers.

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Felony an act or omission violative of the RPC committed either intentionally or negligently Offense an act or omission violative of a special law other than RPC Crime a violation of any penal law be it RPC or special law (mere ordinance) Limitations on the power of the Congress to enact penal laws: a. No ex post facto law or bill of attainder shall be enacted. Exceptions: a.1 It makes the penalty for a certain crime lighter a.2 It repeals a law making an act no longer criminal a.3 It is favorable to the accused who is not a habitual delinquent. No person shall be held to answer a criminal offense without due process of law. No law that provides for cruel and unusual punishment shall be passed.

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Theories in Criminal Law and their Characteristics 1. Classical Theory basis of criminal liability is human free will and the purpose of penalty is retribution. A man is essentially a moral creature with an absolutely free will to choose between right and evil. Ideally applied to heinous crimes* A grievous, odious and hateful offense w/c by reason of its inherent wickedness is regarded as seriously outrageous to the common standards and norms of decency

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Ex post facto law a law that punishes an act which was not punishable at the time it was committed.

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and morality In a just, civilized and orderly society. Positivist Theory a man is not born criminal but occasionally subdued by a strange and morbid phenomenon. Penalty is imposed for preventive and corrective purposes. The basis of criminal liability is the sum total of social and economic phenomena Eclectic or Mixed Theory a combination of classical and positivist theories wherein crimes that have economic and social causes should be dealt with modicum of compassion.

to the security of the US punishable under the law of US. exclusive jurisdiction over US personnel with regard to offenses b.1 solely against the property or security of US or of US personnel b.2 arising out of any act or mission done in the performance of the duty. B. Law of Preferential Application A principle of international law that diplomatic representatives (e.g. ambassador, public minister and their official retinue) possess immunity from the criminal jurisdiction of the country of their sojourn and cannot be sued, arrested or punished by the laws of that country. Republic Act No. 75 a law of preferential application in favor of the diplomatic representatives of foreign countries. A law that penalizes acts w/c would impair the proper observance by the Phil and inhabitants of the immunities, rights and privileges of duly accredited foreign diplomatic representatives in the Phil. RA 75 extends the immunity to the domestic/ domestic servant of duly accredited ambassadors if registered in the Ministry of Foreign Affairs. However, it s only applicable where the country of the diplomatic representative affected provides for the similar protection to duly accredited diplomatic representatives of the Rep. of the Phil. (the grant of immunity is reciprocal) C. Principles of Public International Law

Utilitarian Theory in Criminal Law -referred to as Protective Theory that the purpose of punishment is the protection of society from actual or potential wrongdoers. Retribution should direct punishment to actual and potential wrongdoers.

Characteristics of Criminal Law Generality applies to all persons who commit crimes in the Phil. Whether citizens or not. Legal basis are: a. Art 2 of the RPC states that the provisions of the Code shall be enforced within the Phil Archipelago including its atmosphere, interior waters and maritime zone, without reference to the person/s who might violate any of its provision Art 14 of the Civil Code of the Philippines states that penal laws shall be obligatory upon all who live or sojourn in Phil territory.

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Exceptions: a. b. Art 2 of the RPC except as provided in the treaties and laws of preferential application Art 14 of the Civil Code of the Philippines subject to principles of public international law and treaty stipulations. A. 1. TREATIES Examples of this are: Persons exempt from the operation of our criminal law:\ a. Sovereigns and other chiefs of states b. Ambassadors c. Ministers plenipotentiary and resident d. Charges daffaires Territoriality - Criminal law id territorial because it undertakes to punish crimes committed within the Phil. Territory (enforceable only within its territory). Legal Basis- Art 2 of the RPC states that the provisions of the Code shall be enforced within the Phil Archipelago including its atmosphere, interior waters and maritime zone which constitute the Philippine territory.

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The Base Agreement ( 03/14/47-09/16/91) between Phil and US stipulating that the Philippines consents that the US have the right to exercise jurisdiction over some particular offenses. RP-US Visiting Forces Accord-signed 02/19/98, wherein the Phil agreed that: a. Right to exercise all criminal and disciplinary jurisdictions over US personnel in the Phil. b. US exercises exclusive jurisdiction over US personnel with regard to offenses relating

Extent of Phil. Territory: Article 1 of the 1987 Phil Constitution provides as follows:

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, 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 internal waters of the Philippines. Exceptions to the Territoriality application of Criminal Law Art 2 of the RPC provides that : Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: c. d. 1. Should commit an offense while on a Philippine ship or airship 2. 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; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations.

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If with pending case, it must be dismissed. Even convicted under repealed law and serving sentence by virtue of final judgment, the convict should be released from the prison.

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Implied repeal of penal law a. If with pending criminal action at the time repealing law took effect will not be dismissed because the act is still punished by the new law . same subject matter b. Penalty to be imposed will depend on which is favorable to the accused. The repeal of the law which expressly repealed a prior law a. The law first repealed is not revived unless expressly so provides The repeal of the law which impliedly repealed a prior law a. The repeal of the repealing law revives the prior law unless contrary is provided.

NULUM CRIMEN NULA POENA SINE LEGE There is no crime when there is no law punishing the same Article 2. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against who: a. b. 1. Should commit an offense while on a Philippine ship or airship 2. 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; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations.

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Prospectivity criminal law is prospective in nature and cannot make an act criminal when it was innocent at the time it was committed, unless they are favorable to the offender who is not a habitual delinquent. A penal law applies to cases/acts done on the day the law takes effect and onward. Legal Basis: 1. Art 21 of the RPC no felony shall be punishable by any penalty not prescribed by law prior to its commission. Art 366 of the RPC felonies are punishable under the laws in force at the time of their commission.

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RULES ON REPEAL OF PENAL LAWS 1. Express Repeal of penal law a. Crime is obliterated

NOTE: RA 9372 provides for the additional exception to the Extra-Territorial Application of penal law Subject to the provision of an existing treaty of which the Philippines is a signatory and to any contrary

provision of any law of preferential application, the provisions of this Act shall apply: (1) to individual persons who commit any of the crimes defined and punished in this Act within the terrestrial domain, interior waters, maritime zone, and airspace of the Philippines; (2) to individual persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines; (3) to individual persons who, although physically outside the territorial limits of the Philippines, commit any of the said crimes on board Philippine ship or Philippine airship; (4) to individual persons who commit any of said crimes within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (5) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes against Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in the commission of the crime; and (6) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine government. Two ways of application of the RPC 1. 2. Territorial Extraterritorial

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Commit crimes against Phil citizens or descent where their citizenship/ethnicity was a factor for the commission of the crime Commit crimes against the Phil government.

RULES ON JURISDICTION OVER MERCHANT VESSELS French Rule - Flag country which merely affect things w/in the vessel or only refer to internal management EXCEPT when the commission of crime affects the peace and security of the territory or safety of the State. English Rule Territory where the vessel is located EXCEPT when the crimes merely affect things w/in the vessel or only refer to internal management. Forgery is committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of the true and genuine document or by erasing, substituting, counterfeiting or altering, by any means the figures, the letters, words or signs contained therein. Crimes against national security and law of nations: a. b. c. d. e. f. g. h. i. j. Treason Conspiracy and proposal to commit treason Misprision of Treason Espionage Inciting was/giving motives for reprisals Violation of Neutrality Correspondence with the hostile country Flight to enemys country Piracy in general mutiny on the high seas of Phil waters Qualified piracy

Territorial- enforced within The Phil territory and on the ships/airships registered or licensed in the Philippines Extraterritorial- provided in the Art 2 of the Revised Penal Code RA 9372 applied to individual persons who although physically outside the territorial limits of the Phil. Commit crimes. a. b. c. d. Within Phil territory Commit, conspire, plot to commit inside the territorial limits Crimes on board Phil ship or airship Crimes w/in the embassy, consulate or diplomatic premises belonging or occupied by Phil govt in official capacity

TITLE ONE: FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Chapter One FELONIES Article 3. Acts and omissions punishable by law are felonies. 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 and lack of skill. Elements of Felonies: a. b. c. d. Act an omission Act/omission must be punishable by the Revised Penal Code Act is performed or omission incurred by means of dolo or culpa Act/ Omission must have been done voluntarily.

Requisites: 1. 2. 3. Freedom as defined Intelligence as defined Offender is imprudent, negligent, or there is lack of foresight or lack of skill.

Negligence usually involves lack of foresight ( a deficiency of perception or failure to pay proper attention and use diligence to avoid a foreseeable damage or injury.) Imprudence usually involves lack of skill. A deficiency of action or failure to take necessary precaution to avoid injury or damage. Intentional There is malice Act performed with deliberate intent Accused has intention to inflict injury to other Culpable Act is not malicious Injury caused is not intentional as a result of an act performed without intent. Injury results from imprudence, negligence, lack of foresight and skill

Dolo (deceit) involves malice or deliberate intent Culpa (fault) results from negligence, imprudence, lack of foresight or lack of skill. Act must be overt or external; a mere criminal thought is not punishable; any body movement tending to produce an effect (e.g stabbing a person, firing a gun, falsification) Omission inaction or failure to perform a positive duty which one is bound to do. (e.g failure to issue receipt, failure to report knowledge of conspiracy) General Classes of crimes: Intentional Felonies felonies committed with malice or deliberate intent. Requisites: 1. 2. Freedom- act/omission was voluntary and without external compulsion Intelligence-capacity to understand the morality and consequences of an act but perpetrator should not be a minor, imbecile or insane. Intent is presumed unless otherwise disproved, with the commission an unlawful act.

CRIMES MALA IN SE AND MALA PROHIBITA Mala In se Wrong from their nature Intent governs Penalized under RPC Stages of execution affect the imposition of penalty Mala Prohibita Wrong because they are prohibited by special laws Intent is immaterial Punished by special laws Stages of execution are not considered.

Article 4. Criminal Liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. 2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. - A person is criminally liable for all the consequences of his act (foreseen or not, intended or not, as long as they are the direct, natural and logical consequences of his felonious act. It is only applicable to INTENTIONAL FELONIES. FREEDOM -When a person acts without freedom, he is no longer a human being but a tool.

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Culpable Felonies felonies committed as a result of negligence, imprudence, lack of foresight or lack of skill.

The following have no freedom and therefore exempt from criminal liability under Art 12 of RPC par 5 and 6. a. b. Person who acts under the compulsion of an irresistible force Person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

Requisites: a. b. c. Act would have been lawful had the facts been as accused believed them to be The intent was lawful(in performing the act) The mistake was without fault or carelessness on the part of the accused.

INTELLIGENCE -a necessary factor in determining the morality of a particular act. Without this, no crime can exist. -capacity to know and understand the consequences of an act. The following are exempt from criminal liability because of the absence of intelligence. a. b. c. Imbecile or insane person unless acted during lucid interval. A child < or = 15 years of age (RA 9344) A child 15-18 years of age unless he acted with discernment in which case he should be subject to intervening program (RA 9344).

Note: Ignorance of the law excuses no one from compliance therewith; but mistake of fact can relieved the accused of criminal liability since it means there was no criminal intent accompanying a felonious act. It is an absolutory fact or justifying circumstance had the facts in the mind of the accused been true , his action could have been a legitimate defense. When Honest Mistake of Fact NOT applicable? a. b. c. There is mistake in identity There is negligence on the part of the accused When the accused committed a culpable felony. The essence of honest mistake of fact is lack of intent.

MOTIVE the reason why a person commits an act; it impels him to commit an act for a definite result. -it is not an element of crime and immaterial in the commission of felony, hence it is not determinant of criminal liability. It is intent that determines whether the person is criminally liable for a felony. -it will not make one criminally liable because under RPC there must be an overt act of execution. Motive It is an impelling reason which moves a person to commit an act It is not an element of crime Intent It is the purpose to use a particular means to achieve a desired result. An element of crime

INTENT -the purpose to use a particular means to achieve an objective. -being a purely mental process, it is presumed and the presumption arises from the commission of an unlawful act. -negated by mistake of fact. It does not apply if the act is not criminal. Note: A crime can be committed even without intent like in mala prohibita and in culpable felonies. Mens rea a wrongful criminal intent Actus rea a wrongful act ; an act in furtherance of a wrongful criminal intent. HONEST MISTAKE OF FACT -It is an act or omission which is the result of a misapprehension of facts that is voluntary but not intentional. -The actor performs an act which would be lawful had the facts been as he believed them to be.

WHEN IS MOTIVE MATERIAL OR IMPORTANT a. b. The act brings about variant crimes When the perpetrator has not been positively identified as when nobody witnessed the commission of the offense. To determine whether a shooting was intentional or accidental To determine the specific nature of the crime Where the accused claims self defense

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