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treats of their nature and provides for their punishment Presumed innocent until proven contrary
Informed of Nature and cause of accusation against him
Crime - act committed or omitted in violation of a public law Present and defend in person by counsel at every stage
forbidding or commanding it Exempt from being a witness against self
Testify as witness in his own behalf subject to cross
*No common law crimes in the Philippines examination
*State has authority under its police power to punish crimes and to Confront and cross-examine witnesses against him
lay down the rules of criminal procedure. Compulsory process
*Right of prosecution and punishment for a crime belong to Speedy, impartial public trial
sovereign power Appeal in all cases allowed and prescribed by law
Limitations on power of lawmaking body to enact penal legislation Characteristics of Criminal (Penal) Laws
No Ex post facto law or Bill of attainder shall be enacted 1. General– means that the criminal law of the country governs all
No person shall be held to answer for a criminal offense without persons within the country regardless of their race, belief, sex, or
due process of law creed.
Ex post facto law is one which: *It is well settled that a consul is not entitled to the privileges and
Makes criminal an act done before the passage of the law immunities of an ambassador or minister, but is subject to the laws
Aggravates a crime, or makes it greater than it was and regulations of the country to which he is accredited.
Changes the punishment and inflicts a greater Schneckenburger vs. Moran, 63 Phil. 250 (1936)
punishment
Alters legal rules of evidence, and authorizes conviction 2. Territorial – penal laws of the country have force and effect
upon less or different testimony than the law required within its territory.
Assumes to regulate civil rights and remedies only
Deprives a person accused of crime some lawful 3. Prospective– penal laws only operate prospectively (moving
protection forward); also called irretrospectivity.
*Bill of Attainder - legislative act which inflicts punishment
without trial *When military courts take cognizance of the case of person
subject to military law, Articles of War apply not RPC/other
*Giving a law retroactive application to prejudice of accused is to law
make an ex post facto law
Exceptions to general application of Criminal Law
Construction of Penal Laws Liberally in favor of the accused PERSONS CRIMINALLY LIABLE FOR FELONIES
strictly against the State
ART 16. WHO ARE CRIMINALLY LIABLE:
Doctrine of Equipoise
– when the evidence of the prosecution and of the GRAVE/ LESS GRAVE FELONIES
defense is equally balanced, the scale should be tilted in favor of 1) Principals
the accused in obedience to the constitutional presumption of 2) Accomplices
innocence.
3) Accessories
Doctrine of Pro Reo LIGHT FELONIES
– when a circumstance is susceptible to two interpretations, one 1) Principals
favorable to the accused and the other against him, that 2)Accomplices
interpretation favorable to him shall prevail
Constitutional rights of the accused Treble division of persons criminally responsible for an
1. Right to Speedy disposition of cases offense rest upon the very nature of their participation in
2. Right to Due process of law the commission of the crime.
3. Right to Bail (except reclusion perpetua)
4. Presumed innocent until contrary
5. Not be compelled to be witness against himself
*Crime commited by many
6. No excessive fines - without being equally shared by all
7. No double jeopardy - a different degree of responsibility imposed
8. Free access to courts - liable as Principal, Accomplice, Accessories
*Only natural persons can be active subject of a crime Only officers of the Corporation who participated are liable:
because of the highly personal nature of criminal - Principals by direct participation or
responsibility; - Principals by induction/by cooperation or
- as Accomplices in the commission of an act punishable by law
*A Natural person can be the subject of the crime, because
he alone by his act can set in motion a cause or by his General Rule:
inaction make the completion of a developing modification A director/ other officer of a corporation is criminally liable for
in the external world. his acts, though in his official capacity, if he participated in the
unlawful act either directly/ as an aider, abbettor or accessory.
BUT NOT LIABLE criminally for the corporate acts of other
officers or agents .
2. Wound which caused victim's death not inflicted by Conspiracy to commit a felony all conspirators are liable for its
accused but by his co-accused, being the instigator and consequences
aggressor, calling aid of his harvesters (co-accused) criminal
act is started by him. Common criminal intent shown by unity Conspirator is not liable for another's crime which is not an
of purpose and intention of all offenders. (People VS Mancao) object of conspiracy/not logical consequence thereof.
- Other conspirators not held liable for killings of persons not
d. PRESENCE during the commission of the crime by a band covered by the conspiracy
and LENDING MORAL SUPPORT, creates joint responsibility -Other acts done outside contemplation of co-conspirators
with material executors. /not necessary and logical consequence of intended crime,
EX. Accused by concerted action met together and witnessed only actual perpetrators are liable.
capture and killing of deceased. JOINTLY RESPONSIBLE - When conspirators select particular individual to be their
-some took direct part in commission of crime victim, another person killed by one of them, conspirator
-others determined as instigators induced others to commit who killed another person would be liable .
-remainder cooperated in the same by their presence and
lending their moral support. (US VS Ancheta)
5 of a band among them accused, took Americans from house Conspiracy may cover persons previously undetermined
and led them away. Americans killed by 2 members of band in -Accused liable for all natural and inherent consequences
presence of accused and other 3 of band. when there is a general plan to kill anyone who puts up
Held: It is no importance that accused did not himself strike violent resistance.
blow/blow which victims were killed. It is sufficient that he
was present at the place of the commission of the act, *All conspirators are liable for consequences of conspiracy
augmenting with his arms and presence . to commit a felony
- one who voluntarily lent his assistance of thought and EXCEPTION:
action for realization of criminal object, increasing strength of Consequence not object of conspiracy/logical
band. (US VS Santos) consequence (individual liability incurred)
Outside contemplation of co-conspirators
*Conspiracy is presumed when crime is committed by a band
Persons in conspiracy with others, who desists before crime
Conspiracy even if no evident premeditation of accused is committed is not criminally liable
-an agreement for an appreciable time prior to occurrence
NOT NECESSARY Conspiracy, not necessary to ascertain specific act of each
-CONSPIRACY EXISTS at the time of commission of offense, conspirator
accused had same purpose and were united in execution. -ACT OF ONE ACT OF ALL;
-All persons taking part in crime guilty as principals
Liability of participants where there is conspiracy -Each responsible for acts of others done in furtherance of
-ACT OF ONE ACT OF ALL; collective criminal responsibility conspiracy
where conspiracy adequately proven, all conspirators -Degree of actual participation is immaterial
are liable as co-principals regardless of the extent and
character of their participation When there is Conspiracy, the fact that an element of the
all will be held equally guilty as principals irrespective offense is not present as regards one of the conspirators is
of individual participation in material act of crime immaterial.
Complex crime of seduction by means of usurpation
Liability of conspirator for another conspirators acts which -accused pretended to be minister authorized to perform
differ radically and substantially from that which they marriage ceremonies
intended to commit
-simulated marriage ceremony with co-accused and a girl to Profession driver criminally liable as co-principal of
deceive her homicide and damage to property through reckless
-performance of official function present to accused only negligence . BOTH CO-PRINCIPALS(People VS Santos)
-court held both are guilty
b. Store owner held crim. liable for act of his employee in
In multiple rape each rapist equally liable for other rapes selling adulterated coffee
-defendant is not only responsible for rape personally -Store owner did no not coffee was sold by his employee
committed but also for rape committed by others BOTH CO-PRINCIPALS (US VS Siy Cong Bieng and Co Kong)
-each cooperated in commission of rape perpetrated by
others, by acts without which it would not have been 2nd REQUISITE Carried out their plan and personally took
accomplished part in its execution
Principal by Induction/Inducement becomes liable only Words of advice/ Influence must gave actually moved hands
when the principal by direct participation committed the act of Principal by Direct Participation
induced Minor - no discernment, susceptible to inducement
-One cannot be held guilty of having instigated the influence of inducer - determining cause of commission of
commission of the crime, without first being shown that the crime
crime was actually committed. *Words of command of Father may induce son to commit
crime - DOMINANCE, ASCENDANCY
Ways of becoming Principal by Induction
1) directly forcing another to commit crime
2) directly inducing another to commit crime
Distinguish
Principal by inducement from
Offender who made proposal to commit feloy