Saint Ferdinand College

College of Criminology
City of Ilagan, Isabela
EXPANDED TERTIARY EDUCATION EQUIVALENCY AND ACCREDITATION PROGRAM
(ETEEAP)
MODULE IN CRIMINAL LAW BOOK 1
(CRIMINAL JURISPRUDENCE)
Presented in these document are outline of course topic references that serves as study guide
in answering practical or situational case analysis provided in the three learning modules.
The learning modules are found in the Compilation One: A Compiled ETEEAP Materials in
Criminal Jurisprudence, Procedure and Evidence ... as the main reference.
Competencies :

The ETEEAP Beneficiary shall be able to:

1. Know the concept and characteristics of criminal law and criminal liability
2. Define felonies and determine stages of execution
3. Determine circumstances affecting criminal liability and identifying persons liable for felonies
4. Know the concept of penalties and extinction and concept of criminal and civil liabilities
5. Know the special criminal statutes

Criminal Law, Book I

Course Topic Reference
MODULE I
GENERAL PROVISIONS OF THE REVISED PENAL CODE
PART 1
Classifications of Felonies:
1. According to manner or mode of execution: (Art. 3)
2. According to Gravity: (Art. 9)
3. According to stage of execution: (Art. 6)
4. How to Properly Determine the Stage of Execution:
PART II
Incurrence of Criminal Liability:
Article 4 of the Revised Penal Code provides how criminal liability shall be incurred
Conspiracy and Proposal to commit a Felony
QUESTIONNAIRE FOR MODULE I
1. A saw B lying down whom he thought was only sleeping. With intent to kill, A shot B for
three consecutive times using a .45 caliber firearm. It turned out that B was dead an hour ago due
to a snake bite.
Under existing laws, A cannot be held liable for the death of B (murder) obviously
because B was already dead at the time A intended to kill him.
Question:
As a police officer what criminal charge are you going to file against A taking into account his
unlawful actuation showing the propensity to be a criminal were it not for the impossibility of its
accomplishment? Explain.

Answer: A will be charged of impossible crime because B was already

dead at the time A intended to kill him. Article 4 of RPC provides that a
person can incur criminal liability when he committed 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 or what you call as an impossible crime.
Thus, A can only be held liable for impossible crime.
No/yes, because, what law, application of law, conclusion.
2. A, B and C conspired to rape X. For one week the three (3) tried to observe X in order to
discover her schedules. They came to learn that she goes home very 10:00 PM all alone passing
through a dark alley. One night, the three decided to wait for X to pass by in order to proceed with

their plan to rape her. While waiting however they brought with them a bottle of wine. The three got
drank reason for which they were not able to realize their plan.
Question:
Did they commit any crime? Justify your answer by explaining the concept of conspiracy and
proposal.

Answer: A, B and C did not commit any crime because what they
have is only a preparatory act. Preparatory acts are those initial acts of a
person who has conceived the idea of committing a crime, but which cannot
by themselves logically and necessarily ripen into a concrete offense. They
are not even overt acts and hence, they do not constitute the attempted
stage of the acts of execution.
One of the examples of preparatory acts is conspiracy and proposal to
commit a felony. There is proposal when the person who has decided to
commit the felony proposes its execution to some other person or persons
(Art. 8, 3rd paragraph, RPC). Proposal to commit a felony is punishable only
in cases in which the law specially provides a penalty therefor (Art. 8, 1st
paragraph, RPC).
The mere agreement and decision to commit the crime is not
punishable, as there is no provision in the RPC which punishes conspiracy
except in cases of 1. Conspiracy to commit treason, rebellion and sedition; 2.
Proposal to commit treason and rebellion; and 3. Preparatory acts which are
considered in themselves, by law, as independent crimes. The conspirators
become liable only when the crime is actually committed. But they are liable
for the crime actually committed, not for conspiracy to commit it. The
conspiracy will be considered only to make the offenders equally liable, that
is, in the same degree and to the same extent.
3. Explain how to determine the frustrated and attempted stage of the following crimes:
a. Murder
For Attempted:
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For Frustrated:
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b. Robbery with force upon things
For Attempted:
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For Frustrated:
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c. Theft
For Attempted:
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For Frustrated:
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d. Rape
For Attempted:
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For Frustrated:
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Criminal Law, Book I

Course Topic Reference
MODULE II
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
There are five circumstances affecting criminal liability. These are:
1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances
QUESTIONNAIRE FOR MODULE II
Problems:
1. X was found dead with both hands tied on a pole. His body sustained 14 stab wounds and 24
incised wounds. The suspect is no other than Y, the brother of X. Y is an ex-convict having
been imprisoned for 8 years for a crime of Homicide. Investigation further disclose that a week ago,
Y deliberately planned how to kill his brother and that on the night he executed his plan, he
purposely drank wine to make himself brave.
With the foregoing facts, enumerate all the possible circumstances that aggravated the crime
committed by Y. Explain.
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2. A killed B, thereafter, A voluntarily surrendered to the PNP. Upon his surrender, he
explained that he indeed killed B but it was in defense of a relative. He explained that B attacked
his brother thus he was forced to kill him to defend his brother.
With the foregoing allegations of A, will you still file a case against him? Explain your answer.
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Criminal Law, Book I

Course Topic Reference
MODULE III
PERSONS CRIMINALLY LIABLE FOR FELONIES
Persons Criminally Liable:
I. The Principals
II. The Accomplices
III. The Accessories
QUESTIONNAIRE FOR MODULE III
1. A, B, C and D conspired with each other to kill X. All proceeded to the house of X
but before reaching the same, D, pretending to answer a call of nature went out of the way and did
not join A, B and C anymore, when the three killed X.
Question: Can D be held liable for the death of X? Reason out.
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2. X shot A resulting to his death. Y, a friend of X wanted to help the latter so he took the
weapon and placed it in the hand of the deceased to make it appear that the victim committed suicide.
Question: Is Y criminally liable? Explain.
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3. A approached B, borrowing the latters gun, telling him that he (A) is going to kill X. B,
knowing As criminal design lent his gun with which A shot and killed X.
Question: What is the degree of participation of B in the murder of X?
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4. A hired B for a price of P100, 000.00 in order to kill John. B then went to his cousin, C to
borrow his .45 caliber gun. C, knowing the criminal intent of his cousin lent his firearm.
Thereafter, B proceeded to look for John and saw him walking in a dark alley. He suddenly shot
John using the firearm he borrowed from his cousin, C.
D happened to pass by and saw John with a gunshot wound. Since John is likewise his enemy, he
kick him saying that he deserve what happened to him.
John subsequently died due to gunshot wound he sustained from B. One week later, E learned
about the incident. Since B is his best friend, E offered his rest house in Laguna to B who has
an outstanding warrant of arrest for murder, so that the police officers could not locate him.
Question: Give the criminal responsibility or degree of participation of A, B, C, D and E
in the crime of murder. Justify your answer.
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