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2. Application of its provisions. Except as provided in the treaties and Title One
laws of preferential application, the provisions of this Code shall be FELONIES AND CIRCUMSTANCES
enforced not only within the Philippine Archipelago, including its WHICH AFFECT CRIMINAL LIABILITY
atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who: Chapter One
1. Should commit an offense while on a Philippine ship or airship FELONIES
2. Should forge or counterfeit any coin or currency note of the 3. Definitions. Acts and omissions punishable by law are felonies
Philippine Islands or obligations and securities issued by the (delitos).
Government of the Philippine Islands
3. Should be liable for acts connected with the introduction into these Felonies are committed not only be means of deceit (dolo) but also by
islands of the obligations and securities mentioned in the presiding means of fault (culpa).
number; There is deceit when the act is performed with deliberate intent and
4. While being public officers or employees, should commit an offense there is fault when the wrongful act results from imprudence,
in the exercise of their functions negligence, lack of foresight, or lack of skill.
5. Should commit any of the crimes against national security and the Elements of felonies:
law of nations, defined in Title One of Book Two of this Code. 1. There must be an act or omission
Philippine vessel or aircraft (merchant ships) 2. The act or commission must be punishable by law
o Merchant ships 3. The act is performed or the omission incurred by means of dolo or
o Must be registered in the Phil. Bureau of Customs culpa
o If a Philippine vessel is in foreign territory, and a crime is committed Act—an external act which has direct connection with the felony
on the said vessel, the laws of the said foreign country will apply o Only external act is punishable
o If there is a continuing offense on board a foreign vessel and the said Omission—inaction
vessel docked at the Philippine port, Philippines will have jurisdiction o Failure to perform a positive duty which is one is bound to do
and the crime is triable here o The omission must be punishable by law
o For foreign merchant vessel, crimes will only be triable if the vessel
There is no crime when there is no law punishing it—nulla crimen, nulla
landed on a Philippine soil or docked at the Philippine terminal point
poena sine lege
o Rules as to jurisdiction over crimes committed aboard foreign
merchant vessels on a foreign territory: Classification of felonies:
1. French rule—such crimes are not triable in the Courts of that 1. Intentional felonies (dolo)
country, unless their commission affects the peace and security of o The act or omission is malicious and is performed with deliberate
the territory or the safety of the state is endangered intent
o It must be voluntary
o Requisites:
7. When light felonies are punishable. Light felonies are punishable only 9. Grave felonies, less grave felonies and light felonies. Grave felonies are
when they have been consummated, with the exception of those those to which the law attaches the capital punishment or penalties
committed against person or property. which in any of their periods are afflictive, in accordance with Art. 25 of
Infractions of law for the commission which the penalty of arresto menor this Code.
or a fine not exceeding 200 pesos or both, is provided
Less grave felonies are those which the law punishes with penalties
Arresto menor—imprisonment from 1 to 30 days
which in their maximum period are correctional, in accordance with the
Light felonies committed against persons or property are punishable
above-mentioned article.
even if frustrated or attempted
Light felonies committed against persons Light felonies are those infractions of law for the commission of which a
a. Slight physical injuries penalty of arrest menor or a fine not exceeding 200 pesos or both; is
b. Intriguing against honor provided.
Light felonies committed against property Afflictive penalties:
a. Theft 1. Reclusion perpetua—from 20 years and 1 day to 40 years
b. Malicious mischief 2. Reclusion temporal—from 12 years and 1 day to 20 years
c. Alteration of boundary marks 3. Perpetual or temporary absolute disqualification
4. Perpetual or temporary special disqualification
8. Conspiracy and proposal to commit felony. Conspiracy and proposal to 5. Prision mayor—from 6 years and 1 day to 12 years
commit felony are punishable only in the cases in which the law specially Correctional penalties:
provides a penalty therefor. 1. Prision correccional—from 6 months and 1 day to 6 years
2. Arresto mayor—from 1 month and 1 day to 6 months
A conspiracy exists when two or more persons come to an agreement 3. Suspension
concerning the commission of a felony and decide to commit it. 4. Destierro
There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons. 10. Offenses not subject to the provisions of this Code. Offenses which
General Rule: conspiracy and proposal are not punishable because they are or in the future may be punishable under special laws are not subject
are only deemed as preparatory acts to the provisions of this Code. This Code shall be supplementary to such
Exception: it is only punishable if the law specifically provides for a laws, unless the latter should specially provide the contrary.
penalty therefor Special legal provisions prevail over general ones
Conspiracy—the act of one is the act of all Special law
o If it is only a manner of incurring criminal liability, then it is not o A penal law which punishes act not defined and penalized by RPC
punishable as a separate offense o A statute enacted by the legislative branch, penal in character, which is
Proposal—it is not necessary that the person to whom the proposal is not an amendment to the RPC
made agrees
o There is no criminal proposal when: