JBL Reyes 2012

CRIMINAL LAW

Preliminary Title c. Bail (except Reclusion Perpetua)

Preliminary Title d. Presumption of Innocence
e. Right Against Self-Incrimination
Criminal Law defines crimes, nature and their 2. Rules on Criminal Procedure
punishment a. Presumption of Innocence
b. Informed of the Nature and Cause of
Crime is an act committed in violation of a public c. To be present and defend in person
law, forbidding or commanding it. and by counsel
d. To testify as a witness in his own
Sources: behalf
1. RPC e. To be exempt from being compelled
2. SPL to be a witness against himself
3. PD issued during the Martial Law f. To confront and cross-examine
g. Require the attendance of witnesses
Common Law Crimes are rules of action which do h. Speedy impartial and public trial
not rest their authority upon any express and positive i. To appeal
action of the legislature.
Characteristics of Criminal Law
Court Decisions are not laws as they merely 1. General
explain the meaning of it, and apply the law. The law is binding on all who sojourn in the
Philippines
The right of prosecution belongs to the State who is
charged to take care of the common good of the Civil Courts have concurrent jurisdiction with
people. the general courts over soldiers of the Armed
Forces of the Philippines
Constitutional Limitation
1. No ex post facto law The RPC does not apply when the Military
a. It is an act which was innocent when Court takes cognizance.
done but is made criminal even Military courts shall have jurisdiction when
before the passage of the law. the offense is service-related.
b. Aggravates the crime even before it
was committed Exceptions: Art 2 and Art 14
c. Inflicts a greater punishment Bases Agreement (USA +Phil)
d. Alters the rules of evidence USA has jurisdiction over:
e. Imposes penalty for something for 1. Acts committed by any person
which was legal when done w/in the base, except if both
f. Deprives a person his protection to Filipino
which he is lawfully entitled to 2. Any offense committed outside
2. Observe Due Process the base if BOTH are US Army
3. Any offense by US army against
Bill of Attainder is a legislative act which inflicts the security of the US
punishment without trial People who are exempt
1. Sovereign Chief of State
RIGHTS OF THE ACCUSED 2. Ambassadors, Ministers,
1. Constitution plenipotentiary, ministers, residents,
a. Speedy Disposition and charges d’affiares
b. Due Process
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In absence of treaty, a consul does not
enjoy diplomatic immunity
2. Territorial
Penal Rules are only enforceable within the
Philippines Territory
National Territory: Archipelago, with all the
islands and waters embraced therein, and all
territories the Philippines exercises sovereignty
including terrestrial, fluvial and aerial domains.
Exceptions:
ART 2
a. Commit crime while on Phil ship or
airship // it should be noted this
applies only in high seas, coz if inside
the internal waters of another state,
their laws will apply. // Philippine
Vessel is that which is registered in
Bureau of Customs.
b. Forge or counterfeit coins/currency of
the Phil
c. Introducing in the Phil #2
d. Public officers or employees
committing an offense in exercise of
their functions
e. Commit any crimes against national
security
Crimes committed under ART 2 is cognizable
under the RTC in which the charge is first filed.
French Rule: not triable, unless affects security
English Rule: triable
We recognize English Rule
3. Prospective
Crimes are punished under the laws in force at
the time they were committed
Exceptions:
when the law is favorable to the accused.
Unless, expressly prohibiting retroaction, or
when the offender is a habitual criminal
CONSTRUCTION
Strictly construed against the Government and
liberally in favor of the accused.
THEORIES in Criminal Law
1. Classical
a. Basis of criminal liability is the Free
Wil and the Purpose of penalty is
retribution.
b. Focuses on the effect of the felonious
act, rather than the man himself
c. To establish a mechanical and direct
proportion between crime and
penalty.
d. Scant regard to human element
2. Positivist
a. Crime is essentially a social and
natural phenomenon, which cannot
be controlled by general principles
but should be catered by
enforcement of individual measures
ART 3 FELONIES
Felonies are acts and omissions, by dolo or culpa,
that are punishable under the RPC(because if not
under RPC, it is not specifically called a felony).
The act must be external
Nullum crimen, nulla peopna sine legi there is no
crime where there is no law punishing it.
A. Intentional Felonies (dolo)
Act or omission is malicious, with deliberate intent.
Voluntary but with malice.
Requisites of DOLO
1. Freedom
2. Intelligence
3. Intent
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Actus non facit reum, nisi mens sit rea, a crime is not Intent to perpetrate the act: it is enough that the act
committed if the mind of the person performing the is done freely and consciously
act is innocent.

When it is proved that you have done a felonious Mala in se Mala prohibitum
act, it is presumed that it is with malicious intent. Wrongful from their Wrong because it is
nature prohibited by statute.
Defense: MISTAKE OF FACT Intent governs Mere doing of the act
Ignorantia facit excusat RPC Special Penal Laws

A misapprehension of facts on the part of the person

who caused the injury.
Requisites:
1. Act would have been lawful if the facts were
as perceived by the accused.
2. The intention was lawful
3. The mistake should be without fault or
negligence.
Defense: ABSENCE OF CRIMINAL INTENT
B. Culpable Felonies
Acts and omissions committed when a wrongful act
is committed by imprudence, negligence, lack of
skill, or foresight. It is also voluntary but without
malice.
Imprudence means the deficiency of action. Lack of
skill.
Negligence means the deficiency of perception.
Lack of foresight.
Requisites of CULPA
1. Freedom
2. Intelligence
3. Imprudence, Negligence, lack of foresight
and skill
C. Crimes Punishable under Special Penal Laws
When the crime is punishable under Special Law,
the intent to commit the crime is not necessary, what
is needed is the intent to perpetuate the crime.
Intent Motive
The purpose to use a Moving power which
particular means impels one to the action
Necessary Not necessary for a
crime
When Motive is relevant
1. Identity of accused is in dispute
2. When there are 2 antagonistic theories or
versions of the killings
3. When there is no eye witness
4. Evidence is merely circumstantial
Proved by: Testimony of witnesses of the acts and
statements of the accused before or immediately
after the commission of the crime.
Proof of motive, no matter how strong is not
sufficient proof of guilt.
ART 4 Criminal Liability is incurred when:
1. Intentional Felony
One who commits an intentional felony is
responsible for all the consequences which
may naturally and logically result from them.
El que es causa dela causa es causa del mal
causado he who is the cause of the cause is the
cause of the evil caused
When a person was not commiting a felony, he is not
criminally liable for the result.

Intent to Commit the Crime: there is criminal intent “wrongful acts done be different from that intended”
 Mistake in identity (error in personae)
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 Mistake in blow (aberration ictus)

 Exceed intent (praeter intentionem) Felonies against Property
1. Robbery
Requisites: 2. Brigandage
a) Intentional Felony has been committed 3. Theft
b) The wrong done is the direct, natural and 4. Usurpation
logical consequence of the offense 5. Culpable Insolvecy
committed. 6. Swindling
7. Chattel Mortgage
It has been held, that any person who creates in 8. Arson
another’s mind an immediate sense of danger, 9. Malicious Mischief
which causes the latter to do something resulting in
the latter’s injury will be held liable. Kinds of Impossibility
1. Legal
Proximate Cause it is the cause which in the natural 2. Physical
and continuous sequence, unbroken by any efficient
intervening cause, produces the injury and without Purpose of punishing Impossible Crimes: to
which the result would not have occurred. suppress criminal propensity/ tendencies

People v Petilla the original charge was SPI but the ART 5 Duty of the Court
victim later died, the information may be amended
without double jeopardy. 1st Par Requisites:
1. Act is not punishable by any law
2. The court deems it proper to suppress such
2. Impossible Crime act
The commission of an Impossible Crime is indicative 3. Render proper decision and dismiss the case
of criminal propensity. 4. The judge should make a report to the Chief
Executive through the Secretary of Justice
Requisites: why such act should be made subject to
a) Performed an offense against persons and penal legislation.
property *not actually committed.*
b) With evil intent 2nd Par Requisites
c) Accomplishment is inherently impossible or 1. The court finds the accuse guilty
means are inadequate or ineffectual 2. The penalty is excessive because the
d) That the act performed would not constitute accused acted:
violation of another provision a. Lesser malice
b. No injury
Felonies against persons: 3. The court should not suspend the sentence
1. Homicide 4. The judge should submit a Statement to the
2. Parracide Chief Executive through the Secretary of
3. Infanticide Justice recommending Executive Clemency
4. Murder
5. Abortion
6. Duel Penalties are not exclusive when they are to enforce
7. Physical Injuries public policy.
8. Rape

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ART 6 Overt Acts – some physical activity or deed

Consummated: when all the elements necessary
for its execution and accomplishment are present
Frustrated: performs all the acts of execution which
would produce the felony but nevertheless do not
produce the felony by reason of some cause
independent from the will of the perpetrator.
 Indicating the intention to commit a crime
 More than mere planning
 That if carried to its complete termination,
following its natural course, will logically and
necessarily ripen to a concrete offense.
 Overt acts may be other than physical deeds
Indeterminate Offense
One where the purpose of the offender is not certain.

Attempted when the offender commences the
commission of the felony but does not perform all the
acts of execution which would produce the felony for
some reason or accident other than his spontaneous
desistance.
DEVELOPMENT OF A CRIME
1. Internal Acts: mere ideas are not punishable
2. External Acts:
a. Preparatory Acts – not punishable
i. But some felonies are
considered crimes
themselves , possession of
picklocks
b. Acts of Execution – punishable
i. Consummated, Frustrated,
Attempted
The intention of the accused must be viewed from
his action and not his admission.
The overt acts leading to the commission of the
crime are not punishable except when they are
aimed directly at its execution, thus it must have an
immediate and necessary relation to the offense.
Subjective Phase of the Offense
That point where the offender begins to commence
the crime but he still has control over his acts,
including their natural course.
If he is stopped between these points with some
accident other than his own desistance, the
subjective phase is not completed and there is only
an attempt to commit the crime.
B. Frustrated Felony

A. Attempted Felony Requisite:

1. Performs ALL acts of execution
Requisites: 2. All acts would produce the offense
1. Commences 3. But the felony was not produced
2. NOT ALL acts of execution which should 4. By reason of causes independent of the will
produce the felony of the perpetrator
3. Stopped by reason of some cause or
accident There must be an infliction of a mortal wound.
4. Other than by his own spontaneous
desistance. Distinction
Attempted/Frustrated Impossible Crime
When is it commenced? Not accomplished Not accomplished
1. External acts Possibility of Cannot be
2. Directly connected with the crime to be accomplishment accomplished
committed

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Not accomplished Not accomplished 3. Felony by Omission

becoz of cause or because it is inherently 4. Crimes by Agreement between 2 persons
accident impossible. 5. Material Crime – There are 3 stages of
execution

C. Consummated Felony There is no attempted or frustrated Impossible

When all elements necessary for its execution and Crime.
accomplishment are present.

How to Determine ART 7 When Light Felonies are punishable only

1. Nature of the Offense when consummated, EXCEPT crimes against
a. The consummation does not depend persons and property.
on the amount of damage
2. Elements of the felony Light Felonies are those infractions of law for the
3. Manner of committing the same commission of which the penalty of arresto menor
(imprisonment from 1 to 30 days) and ____ fine
On Theft
1. Slight Physical Injuries
Espiritu Case, 1949 – removed piles opf linen from 2. Theft
the hospital and was discovered upon check point of 3. Alteration of boundary marks
the guard. Consummated Theft 4. Malicious Mischief
Traditional Rulings where the item is placed 5. Intriguing against Honor
in a situation where he could freely dispose
of its contents at once. The commission of a crime against persons and
property presupposes moral depravity, thus even
Dino Case, 45 OG 3446 – stole box of rifles on the attempted/frustrated crimes should be punishable
way out the premise with tall fences, the guard
discovered the rifles. The court held that it was
Frustrated Theft because the determinative fact is ART 8 Conspiracy and Proposal to commit felony
the ability of the perpetrator to freely dispose the Punishable only when a law specifically says so
items stolen.
Conspiracy – when 2 or more persons come to an
Valenzuela Case, 2007 – theft cannot be frustrated agreement and decide to commit it
only Consummated or Attempted. It is held that the
unlawful taking or apoderamiento, is deemed Proposal – when the person who has decided to
completed the moment the offender gains commit a felony proposes its execution to some
possession, even if there was no opportunity to other person.
dispose of the thing.
Express Laws
MANNER OF COMMITTING THE CRIME Art 115 Treason
1. Formal Crimes Art 136 Rebellion
a. Consummated by one single act or Art 141 Sedition
one instant
b. No attempted When the conspiracy relates to a crime ACTUALLY
committed, the conspiracy is not a separate offense,
2. Crimes consummated by mere proposal, but only a manner of incurring criminal liability.
attempt or overt act
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For the collective liability to be established, it is Treason = External Security

sufficient that at the time of aggression, all of them Rebellion and Sedition= Internal Security
acted in concert
In ordinary crimes the State survives the victim.
The acts of the accused must show a common Whereas in the aforementioned, if he succeeds he
design. There must be a unity of purpose. It must be would obtain the power and consequently, impunity.
shown as clearly and convincingly as the
commission of the act itself.
ART 9 Gravity of the felony
Unlike evident premeditation that requires sufficient
period of time to elapse in order to afford full Grave Felonies with capital punishment or afflictive
opportunity for mediation, conspiracy arises on the penalty
very instant the plotters agree.
Less Grave Felonies with maximum penalty that
Requisites of Conspiracy are correctional
1. 2 or more persons agree
a. There should be meeting of the Light Felonies with penalty of Arresto Menor or a
minds, meaning if there is an offer it fine ___
must be shown that it was accepted.
2. To a commission of a crime Afflictive Penalty
3. The execution is decided upon 1. Reclusion Perpetua
a. The conspirators have made up their 2. Reclusion Temporal
minds 3. Perpetual or Temporary Absolute
Disqualification
Direct Proof is not essential to establish conspiracy. 4. Perpetual or Temporary Special
It may be inferred from the collective actions, disqualification
during and after the commission of the crime. 5. Prision Mayor

Conspiracy renders all the conspirators as co- Correctional Penalties

principal regardless of the extent of participation, 1. Prision Correctional
because the act of one is the act of all. 2. Arresto Mayor
3. Suspension
Mere presence does not make him a conspirator. 4. Destierro

Requisites of Proposal
1. A person has decided to commit a felony ART 10 not subject to RPC
2. Proposes its execution to some other person
RPC is supplementary to Special Penal Law
There is no Criminal Proposal when there is no
concrete proposal. There is no frustrated or attempted in Special Penal
Laws, unless it is specifically provided.
What is proposed is the felony and not preparatory
actions for the felony. In Special Penal Laws, even if the crime is only
attempted, the punishment is the same as the
It is NOT necessary that the person proposed to consummated, if it is what is provided.
AGREES.

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Offenses in Special Penal Laws are not subject to

Art 64 where it is applicable only when the
punishment has 3 periods

Plea of guilt is not a mitigating circumstance when

under Special Penal Laws

Supplementary
Art 22 Retroactive effect
Art 17 participation of principal
Art 39 Insolvency
Art 45 Confiscation of Instruments
Art 12 par 3
Art 100 Civil Liability fir Motor Vehicle Law
Art 17, 18, 19
Art 8 Conspiracy

The Code is not suppletory when the penalty is

different in the SPL.

Aggravating Circumstances cannot be appreciated

in SPL

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