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COURSE OUTLINE IN

CRIMINAL LAW 1
1st Semester, AY 2018-2019
Atty. Annabelle B. Cañazares-Mindalano, RCh, RChE

A. Classroom Rules:
1. Attendance will be checked at the beginning of every meeting.
2. Recitation will be conducted every meeting. Students are expected, therefore, to come to class
prepared and to have read the materials scheduled to be covered during the meeting. When a student
is reciting, the rest of the class is expected to listen to him. Students are encouraged to participate in
the discussion by asking questions.
3. A student who is called to recite is expected to close his book during his recitation.
4. Quizzes will be either announced or unannounced.
5. Electronic gadgets are not prohibited during class hours. A student is expected, however, to turn off
his mobile phone or to put it on silent mode as soon as he steps into the classroom. If the student
expects a call during the meeting, he can take the call by discretely leaving the classroom. Laptops,
tablets, and other similar electronic devices, are not, likewise, prohibited but the students who are
called to recite should close these electronic devices for the duration of their recitation. The same
rule applies to mobile phones that serve as data storage.
6. Any student may discretely leave the classroom if and when absolutely necessary. When a student
is not in the classroom when called for recitation, he will be given a grade of 5.0 or its equivalent.

B. Grading System:
Recitation - 15%
Quiz - 15%
Mid-Term Exam - 30%
Final Exam - 40%

C. Reference: Revised Penal Code Annotated (Volume 1) by Justice Reyes

OUTLINE PROPER

I. Fundamental Principles

A. Definition of Criminal Law


- That branch or division of law which defines crimes, treats of their nature, and provides for their
punishment. It deals with the determination of the acts which are to be punished, the nature and
extent of the punishment and the procedure to be used.

B. Kinds of crimes
1. Mala in se
- U.S. v. Go Chico, 14 Phil. 128, 131 (1909).

2. Mala prohibita
- U.S. v. Go Chico, 14 Phil. 128, 131 (1909).
- Lim v. People, 340 SCRA 497 (2000)
- People v. Lacerna, 278 SCRA 561 (1997)

Lack of intent as a defense in mala prohibita


- Garcia vs. Court of Appeals, 484 SCRA 617 (2006)
- Ysidoro v. People, 685 SCRA 637

3. Felony
- Art. 3, RPC
- People vs. Gonzales, 183 SCRA 309 (1990)

4. Offense
Distinction between felony and offense.

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C. Sources of Philippine Criminal Law
1. Revised Penal Code (Act No. 3815)
2. Special penal laws passed by Congress
3. Presidential Decrees

D. Theories of Criminal Law


1. Classical Theory
2. Positivist Theory
3. Relative
4. Absolute

E. Power to Define and Punish Crimes


- U.S. v. Pablo, 35 Phil. 94 (1916)
- People vs. Santiago, 43 Phil. 120 (1922)

F. Constitutional Limitations on Legislative Power to Enact Penal Laws


1. Equal protection
- 1987 Constitution, Art. III, Sec. 1

2. Due process
- 1987 Constitution, Art. III, Sec. 14(1)

3. Cruel and unusual punishment


- 1987 Constitution, Art. III, Sec. 19(1)
- R.A. No. 9346

4. Bill of attainder/Ex post facto law


- 1987 Constitution, Art. III, Sec. 22
- People vs. Villaraza, 81 SCRA 95 (1978)

G. Characteristics of Criminal Law


1. Prospective
- People vs. Tamayo, 61 Phil. 225

Effect of repeal of penal law


- People vs. Pastor, 77 Phil. 1000
- People vs. Almuete, 69 SCRA 410

2. General
- Civil Code of the Philippines, Art. 14
- U.S. vs. Sweet, 1 Phil. 18

3. Territorial
- Art. 2, RPC

H. Construction of Penal Laws


- U.S. vs. Abad Santos, 36 Phil. 243 (1917)
- People vs. Gatchalian, 104 Phi. 664 (1958)
- People vs. Sultan, 331 SCRA 216 (2000)
- Go v. Dimagiba, 460 SCRA 451 (2005)

Doctrine of Pro Reo


- People v. Gonzales, 361 SCRA 350 (2001)
- Bongalon v. People, 694 SCRA 12 (2013)

II. The Revised Penal Code, Act No. 3815


A. History
- U.S. vs. Tamparong, 31 Phil. 321

B. Divisions of the RPC


1. Books 1 & 2

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2. Titles – Book I: Prelim Title + Titles 1-5; Book II: Titles 1-14
3. Chapters - Book I: 15 Chapters; Book II: 46 Chapters
4. Sections – Book I: 8 Sections; Book II: 35
5. Articles – Book I: Arts. 1–113; Book II: Arts. 114-367

III. Preliminary Title


Art. 1

Art. 2
- What Constitutes Territory of the Philippines
i. Art. 1, 1987 Constitution
- Art. 14, Civil Code of the Philippines
- US Bases Agreement
- RP-US Visiting Forces Accord
- R.A. No. 75
- 1961 Vienna Convention on Diplomatic Relations
- Sec. 58, R.A. No. 9372 (Human Security Act of 2007 or Anti-Terrorism Act)
- R.A. No. 7055

Jurisdiction over offenses committed in the high seas


- U.S. vs. Bull, 15 Phil. 7

Jurisdiction over offenses committed by members of the AFP in violation of military law and public
law
- People vs. Livara, 94 Phil. 771
- Valdez vs. Lucero, 76 Phil. 356
- Gonzales v. Abaya, 498 SCRA 445

Contraband on board a foreign vessel landed on Philippine soil


- U.S. vs. Look Chaw, 18 Phil. 573

IV. Title One: Felonies and Circumstances Which Affect Criminal Liability
A. Chapter One: Felonies

Arts. 3
- People vs. Gonzales, 183 SCRA 309 (1990)

Involuntary act
- U.S. vs. Barnes, 12 Phil. 93

Art. 4
cf. Art. 59
- People vs. Castillo, 76 Phil. 72
- People vs. Pacana, 47 Phil. 48
- People vs. Bandian, 63 Phil. 530
- U.S. vs. Ah Chong, 15 Phil. 488
- U.S. vs. Apego, 23 Phil. 391
- People vs. Oanis, 74 Phil. 257
- People vs. Faller, 67 Phil. 629
- People vs. Acosta, 60 Phil. 158
- People vs. Cornel, 78 Phil. 458
- People vs. Quianzon, 62 Phil. 162
- U.S. vs. Villanueva, 31 Phil. 412
- U.S. vs. Divino, 12 Phil. 175
- U.S. vs. Mendieta, 34 Phil. 242
- U.S. vs. Maisa, 8 Phil. 597
- People vs. Balmores, 85 Phil. 493
- People vs. Orifon, 57 Phil. 594
- People vs. Lamahang, 61 Phil.703
- U.S. vs. Eduave, 36 Phil. 209
- People vs. Borinaga, 55 Phil. 433
- Intod vs. Court of Appeals, 215 SCRA 52

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- Jacinto vs. People, 592 SCRA 426

Art. 5
- Director of Prisons v. Ang Cho Kio, G.R. No. L-30001, June 23, 1970

B. Chapter Two: Justifying and Exempting Circumstances

Art. 100
Arts. 11 & 12
- R.A. No. 9262, Sec. 26
- cf. R.A. No. 9344, Sec. 6

Art. 11

Battered woman syndrome as self-defense


- People vs. Genosa, 341 SCRA 493

Art. 12

Insanity as a defense
- People vs. Tibon, 622 SCRA 510 (2010)
- People vs. Sotelo, G.R. No. L-33304, Dec. 13, 1930
- People vs. Gutierrez, 611 SCRA 633
- People vs. Manulit, 635 SCRA 426
- People vs. Lopez, 585 SCRA 529
- Herrera vs. Sandiganbayan, 579 SCRA 32
- People vs. Domingo, 580 SCRA 436
- Sierra vs. People, 591 SCRA 666
- People vs. Anod, 597 SCRA 205
- People vs. Gonzales, G.R. No. 195534, June 13, 2012
- People v. Bandian, 63 Phil. 530

Stand-your-ground rule
- U.S. v. Domen, 37 Phil. 57

B. Chapter Three: Mitigating Circumstances


Art. 13
- cf. R.A. No. 9344
- People vs. Martin, 89 Phil. 18
- U.S. vs. Rivera, 41 Phil. 472
- People vs. de Jesus, 118 SCRA 616
- People vs. Toring, 191 SCRA 38
- People vs. Oanis, 74 Phil. 257
- People vs. Bernal, 91 Phil. 619
- U.S. vs. Reyes, 36 Phil. 904
- People vs. Pagal, 79 SCRA 570
- People vs. Doniego, 9 SCRA 541
- People vs. Lumayag, 13 SCRA 502
- U.S. vs. Taylor, 6 Phil. 162
- U.S. vs. Hicks, 14 Phil. 217
- U.S. vs. de la Cruz, 22 Phil. 429

C. Chapter Four: Aggravating Circumstances


Art. 14
- cf. Secs. 8 & 9, Rule 110, Revised Rules of Criminal Procedure
- U.S. vs. Rodriguez, 19 Phil. 150
- People vs. Rodil, 109 SCRA 308
- People vs. Pagal, 79 SCRA 570
- People vs. Luchico, 49 Phil. 689
- U.S. vs. Punsalan, 3 Phil. 260

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- U.S. vs. Barredo, 87 Phil. 800
- People vs. Aguinaldo, 55 Phil. 610
- People vs. Lungbos, 162 SCRA 383
- People vs. Licop, 94 Phil. 839
- People vs. Lagarto, 196 SCRA 611
- People vs. Ompad, 26 SCRA 750
- People vs. Carillo, 77 Phil. 579
- People vs. Yturriaga, 86 Phil. 534
- People vs. Tadeo, 389 SCRA 20
- People vs. Belgar, 195 SCRA 98
- People vs. Madrid, 88 Phil. 1
- People vs. Verzo, 129 Phil. 628

D. Chapter Five: Alternative Circumstances


Art. 15
- People vs. Fontillas, 638 SCRA 721
- People vs. Mondigo, 543 SCRA 384
- People vs. Abello, 582 SCRA 378
- People vs. Latag, 420 SCRA 695
- People vs. Sumarago, 422 SCRA 324
- People vs. Ulit, 423 SCRA 374
- People vs. Lauas, 58 Phil. 742
- People vs. Semanada, 103 Phil. 790

V. Title Two: Persons Criminally Liable


Arts. 16 - 20
- People vs. Acebedo, 18 Phil. 428
- David, Jr. vs. People, 562 SCRA 22
- People vs. Montesclaros, 589 SCRA 320
- People vs. Bi-ay, 637 SCRA 828
- People vs. Alpapara, 604 SCRA 800

VI. Title Three: Penalties


A. Chapter One: Penalties in general
Arts. 21
- U.S. vs. Macasaet, 11 Phil. 447

Art. 22
- cf. Art. 62, RPC
- People v. Villaraza, 81 SCRA 95

Retroactive application of special penal laws


- Gonzales v. Court of Appeals, 277 SCRA 518
- Go v. Dimagiba, 460 SCRA 451 (2005)

Art. 23

Art. 24

B. Chapter Two: Classification of Penalties


Arts. 25 & 26
- R.A. No. 9346

C. Chapter Three: Duration and Effect of Penalties


1. Section 1: Duration of Penalties
Arts. 27 – 29
- Baking vs. Dir. of Prisons, 28 SCRA 851
- R.A. No. 7659
- People v. Bensig, G.R. No. 138989, Sept. 17, 2002
- People v. Gregorio, G.R. No. 109614-15, March 29, 1996
- R.A. No. 10592

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2. Section 2: Effects of penalties according to their respective nature
Arts. 30 – 39
- R.A. No. 10159

3. Section 3: Penalties in which other accessory penalties are inherent


Arts. 40 - 45
- B.P. Blg. 881, Sec. 118

Sec. 118. Disqualifications. - The following shall be disqualified from voting:


a. Any person who has been sentenced by final judgment to suffer imprisonment for not less than
one year, such disability not having been removed by plenary pardon or granted amnesty:
Provided, however, That any person disqualified to vote under this paragraph shall
automatically reacquire the right to vote upon expiration of five years after service of sentence.

b. Any person who has been adjudged by final judgment by competent court or tribunal of having
committed any crime involving disloyalty to the duly constituted government such as rebellion,
sedition, violation of the anti-subversion and firearms laws, or any crime against national
security, unless restored to his full civil and political rights in accordance with law: Provided,
That he shall regain his right to vote automatically upon expiration of five years after service of
sentence.
c. Insane or incompetent persons as declared by competent authority.

C. Chapter Four: Application of Penalties


1. Section 1: Rules for the application of penalties to the persons criminally liable and for the
graduation of the same
Arts. 46 – 61
- cf. R.A. No. 934
- People vs. Bernardo, G.R. No. 198789, June 3, 2013
- People vs. Hernandez, 69 Phil. 515
- People vs. Guillen, 85 Phil. 307
- U.S. vs. Ferrer, 1 Phil. 56
- People vs. Toling, 62 SCRA 17
- Ivler vs. San Pedro, 635 SCRA 191
- Domingo vs. People, 603 SCRA 488

Delito continuado
- Santiago v. Garchitorena, 228 SCRA 214

2.Section 2: Rules for the application of penalties with regard to the mitigating and aggravating
circumstances and habitual delinquency
Arts. 62 -72
- People vs. Escares, 102 Phil. 677
- People vs. Jose, 37 SCRA 450

3. Section 3: Provisions common to Sections 1 & 2


Arts. 73 -77

4. Act No. 4103, as amended


- People v. Ducosin, G.R. No. L-38332, December 14, 1933
- Argoncillo v. People, 292 SCRA 313
- People vs. Temporada, 574 SCRA 258
- People vs. Gabres, 267 SCRA 581

5. P.D. No. 968, as amended


- People vs. Evangelista, 253 SCRA 714

D. Chapter Five: Execution and Service of Penalties


1. Section One: General Provisions
Arts. 78 – 80
- cf. R.A. No. 9344
2. Section Two: Execution of Principal Penalties

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Arts. 81 – 88
- cf. R.A. No. 9346
- People vs. de Jesus, 80 Phil. 749

VII. Title Four: Extinction of Criminal Liability


A. Chapter One: Total Extinction
Arts. 89 – 93
- cf. Act no. 3326, as amended by Act No. 3763
- Sec. 11, R.A. 3019, as amended
- Proclamation No. 138, August 11, 1987
- U.S. vs. Sotelo, 28 Phil. 147
- U.S. vs. Francisco, 10 Phil. 185
- People vs. Santiago, 51 Phil. 68
- Yapdiangco vs. Buencamino, 122 SCRA 713
ok - People vs. Maceda, 73 Phil. 679
ok - Infante vs. Warden, 92 Phil. 310

B. Chapter Two: Partial Extinction


Arts. 94 – 99
- cf. Art. 29 RPC
- People vs. Tan, 19 SCRA 433
ok - Director of Prisons v. Ang Cho Kio, G.R. No. L-30001, June 23, 1970
- R.A. No. 10592

VIII. Title Five: Civil Liability


A. Chapter One: Persons civilly liable for felonies
Arts. 100 - 103
- cf. Art. 2180, parag. 4, New Civil Code
Ok - Carpio vs. Doroja, 180 SCRA 1
Ok - Baza Marketing Corp. vs. Bolinao Security & Investigation Services, 117
SCRA 156
- Steinmetz vs. Valdez, 72 Phil. 92

B. Chapter Two: What civil liability includes


- Arts. 104 – 111
- cf. Art. 38
- People v. Hatsero, 700 SCRA 597
- People vs. Fortuno, 73 Phil. 429
Ok - People vs. Tibon, 622 SCRA 510 (2010)
- People vs. Mostasesa, 94 Phil. 243
- Varela vs. Finnick, 9 Phil. 482
- U.S. vs. Yambao, 4 Phil. 204
- U.S. vs. Madlangbayan, 2 Phil. 426
- People vs. Murcia, 614 SCRA 741
- People vs. Obina, 618 SCRA 276
- People vs. Mariano, 590 SCRA 74
- People vs. Valla, 323 SCRA 74
- Datu vs. People, 637 SCRA 754

C. Chapter Three: Extinction and survival of civil liability


Art. 112
- Art. 1231, Civil Code of the Philippines
- Balite vs. People, 18 SCRA 280 (1966)
ok- People vs. Bayotas, 236 SCRA 239
ok - People vs. Ayochok, 629 SCRA 361
ok - Datu vs. People, 637 SCRA 754

Art. 113
- cf. Art. 36(2)
- U.S. vs. Madlangbayan, 2 Phil. 426
- Budlong vs. Apalisok, 122 SCRA 935

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Probation Law
- Colinares v. People, 662 SCRA 266

- People vs Leonaldo G.R. 207949


- People vs Amistoso

***NOTHING FOLLOWS***