Article 1. Time when Act takes Effect.

- This Code shall take effect on the First day of January,

nineteen hundred and thirty-two.

 Criminal Law is the branch or division of law which defines crime, treats of their nature

and provides for their punishment.

 Felony is an act or omission violate of the Revised Penal Code committed either

intentionally or negligently.

 Offense is an act or omission violate of a Special Law.

 Crime is violation of any penal law be it the Revised Penal Code, special law or a mere

ordinance.

Note: Only congress has the power to define and punish an act as a crime.

Limitations on the Power of Congress to Enact Penal Laws.

1. No ex post facto law or bill of attainder shall be enacted. (Constitution, Article 3,

Section 22).

 Ex Post Facto Law- a that punishes an act which was not punishable at the time it was

committed.

A law can be made retroact only if:.

a) It makes the penalty for a certain crime lighter.

b) It repeals a law making an act no longer criminal.

c) It is favored to the accused who is not a habitual delinquent.

 Bill of Attainder- a legislative act that inflicts punishment without judicial trial.

2. No person shall be held to answer for a criminal offense without due process of law.

(Constitution, Article 3, Section 14).

  Due Process of Law- means a law that hers before it condemns, proceeds upon inquiry

and renders judgment only after trial.

3. No law that provides for cruel and unusual punishment shall be passed. (Constitution,

Article 3, Section 19).

How Penal Laws is Construed:.

1. Liberally in favor of the accused.

2. Strictly against the State when the law is ambiguous and there is doubt as to its

interpretation.

3. Equipoise Doctrine is when the evidence of the prosecution and the defense is equally

balanced, the scale should be tilted in favor of the accused in obedience to the

constitutional presumption of innocence.

4. Void-for-Vagueness is the effect that a statute establishing a criminal offense must

define the offense with sufficient definiteness that persons of ordinary intelligence can

understand what conduct is prohibited by the statute.

5. Doctrine of Pro-Reo is when a circumstance is susceptible to two interpretations one

favorable to the accused and the other against him, that interpretation favorable to

him shall prevail.

Theories in Criminal Law and their Characteristics.

A. Classical Theory.

1. The basis of criminal liability is human free will and the purpose of the penalty is

retribution.

2. That man is essentially a moral creature with an absolute free will to choose between

good and evil, thereby placing more stress upon the effects or result of the felonious act than

upon the offender.

 o Heinous Crime- it is a grievous, odious and hateful offense which by reason of its

inherent or manifest wickedness, viciousness, atrocity and perversity, is regarded

as seriously outrageous to the common standards.

B. Positivist Theory.

1. That man is not born criminal but is occasionally subdued by a strange and morbid

phenomenon which constraints him to do wrong contrary to his volition.

2. Recognizes the redeemable good in the accused. Hence, penalty is imposed for preventive

and corrective purposes.

 Positivist Theory- the basis for criminal liability is the sum total of the social and economic

phenomena to which the offense is expressed.

C. Eclectic or Mixed Theory is a combination of the positivist and classical theories wherein

crimes that have economic and social causes should be dealt with a modicum of compassion.

 Utilitarian Theory or Protective Theory is the effect that the primary reason of

punishment in criminal law is the protection of society from actual and potential

wrongdoers.

 Mala Prohibita is the punishes an offense regardless of malice or criminal intent should

not be utilized to apply the full harshness of the law where the noble objective of the

law would be tainted with materialism and opportunism.

Characteristics of Criminal Law.

1. Generality.

a. It applies to all persons who commit crimes in the Philippines.

b. Penal Law is binding to all persons who live or sojourn in the Philippines

whether citizen or not.

 Legal Basis is Article 2 of RPC and Article 14 of CC.

 Exceptions to the general application of Criminal Law.

1. Article 2- “except as provided in the treaties and laws of

 preferential application.”

2. Article 14- “subject to the principles of public international law and

to treaty stipulations.”

a. Treaty or Treaty Stipulations.

i. Base Agreement.

ii. RP-US Visiting Forces Accord.

b. Law of Preferential Application.

i. Under RA 75, the diplomatic representatives, such

as ambassadors or public ministers and their

official retinue, possess imunity from the criminal

jurisdiction of the country of their sojourn and

cannot be sued, arrested or punished by the laws

of their country.

c. Principles of Public International Law.

i. Persons exempt from the operation of our criminal

laws:.

1. Sovereigns and other Chiefs of State.

2. Ambassadors.

3. Ministers Plenipotentiary.

4. Minister Resident.

5. Charges de’ Affaires.

2. Territoriality.

a. Punish crimes committed within the Philippine Territory.

 Legal Basis is Article 2 of RPC.

3. Prospectivity or Irretrospectivity.

 Legal Basis is Article 21 of RPC and Article 336 of RPC.

Rules on Repeal of Penal Laws.

1¶ Effects of Express Repeal of Penal Laws:.

a. The crime is obliterated.

b. The case must be dismissed.

c. The convict should be released from prison.

2¶ Effect of Implied Repeal of Penal Laws:.

a. The pending case will not be dismissed.

b. Penalty under the repealing law will be applied if it is favorable to the accused

otherwise the penalty under the first law shall apply.

3¶ Effect of the repeal of the law which Expressly Repealed a prior law:.

a. The law first repealed is not revived unless expressly so provided.

4¶ Effect of the repeal of the law which Impliedly Repealed a prior law:

a. The repeal of the repealing law revives the prior law unless the contrary is

provided.

Article 2. Application of its provisions. — Except as provided in the treaties and laws of

preferential application, the provisions of this Code shall be enforced not only within the

Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also

outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or

obligations and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the

obligations and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of

their functions; or

5. Should commit any of the crimes against national security and the law of nations,
 defined in Title One of Book Two of this Code.

2 Ways of Application of the Revised Penal Code.

1¶ Territorial.

2¶ Extraterritorial.

 Forgery is giving to a treasury or bank note or any instrument payable to bearer or to

order the appearance of a true and genuine document or by erasing, substituting,

counterfeiting or altering, by any means the figures, letters, words or signs contained

therein.

 Vessel. It should be registered in the Philippine Bureau of Customs or in the Marina.

2 Rules Jurisdiction over Vessels.

1. French Rule. The flag country of the vessel has jurisdiction over crimes which merely

affect things within the vessel or when they only refer to internal management.

2. English Rule. Crimes committed aboard a vessel within the territorial water of a country

are triable in the courts of such country.

Article 3. Definitions. — Acts and omissions punishable by law are felonies (delitos). Felonies

are committed not only be means of deceit (dolo) but also by means of fault (culpa). There is

deceit when the act is performed with deliberate intent and there is fault when the wrongful

act results from imprudence, negligence, lack of foresight, or lack of skill.

 Acts must be overt or external. Any body movement tending to produce an effect.

 Omission is the inaction or failure to perform a positive duty which one is bound to do.
General Classes of Crimes.

1. Intentional Felonies.

2. Culpable Felonies.

3. Crimes defined and penalized by special law.

 Felony are acts or omission punishable under the Revised Penal Code.

2 Ways of Committing Felonies.

1¶ Deceit or Dolo. It involves malice or intent.

2¶ Fault or Culpa. Results from negligence, imprudence, lack of foresight or skill.

Elements of Felonies.

1. There must be an act or omission.

2. Act or omission must be punishable by the revised penal code.

3. Incurred by means of dolo or culpa.

4. Must have een done voluntarily.

Kind of felonies.

1¶ Intentional felonies is committed with malice or deliberate intent.

2¶ Culpable felonies is committed as a result of imprudence, negligence, lack of foresight or

lack of skill.

Requisite for Intentional Felonies.

1. Freedom. Was voluntary and without

external compulsion.

2. Intelligence. Capacity to understand the

morality and consequences of an act.

3. Intent. The purpose to use a particular

means to achieve an objective.

Requisites for culpable felonies.

1. Freedom.

2. Intelligence.

3. Imprudence, negligence, lack of foresight or lack of skill.

Negligence. Usually involves lack of foresight. A deficiency of perception.

Imprudence. Usually involves lack of skill. A deficiency of action.

Mala in se.

1. Wrong from their nature.

2. Intent governs.

3. Penalized under RPC.

4. Stages of execution is considered.

Mala prohibita.

1. Prohibited by special laws.

2. Intent is immaterial.

3. Punished by special law.

4. Stages of execution not considered.

Article 4. Criminal liability. — Criminal liability shall be incurred:.

1. By any person committing a felony (delito) although the wrongful act done be different from

that which he intended.

2. By any person performing an act which would be an offense against persons or property,

were it not for the inherent impossibility of its accomplishment or an account of the

employment of inadequate or ineffectual means.

Paragraph 1:

a. Criminally liable for all consequences, direct, natural, and logical consequences.

b. Applies to intentional felonies only.

Necessity of Freedom. When person acts without freedom he is no longer a human but a tool.

Instrument of a crime.

Have no freedom.

1. Under compulsion of an irresistible force .

2. Fear of an equal or greater injury.

Necessity of intelligence. Necessary factor in determining the morality of a particular act.

Exempt from criminal liability:.

1. Imbecile or an insane person.

2. A child 15 years of age or under.

3. Child above 15 years but below 18 years old.

Necessity of intent. Intent is presumed and the presumption arises from the commission of an

unlawful act.

Mens Rea. Wrongful criminal intent.

Actus rea. Wrongful act.

Honest mistake of fact is an act or omission which is the result of a misapprehension of facts

that is voluntary but not intentional.

Requisite of Honest mistake of fact.

1. The act would have been lawful had the facts been as the accused believed them to be.

2. The intent of the accused is lawful.

3. The mistake was without fault or carelessness on the part of the accused.
When honest mistake of fact not applicable.

1. Mistake in identity.

2. Negligence.

3. Committed a culpable felony.

Motive.

1. Impelling reasons.

2. Not an element of a crime.

Intent.

1. Purpose to use a particular means.

2. An element of a crime.

When motive is material or important.

1. Act brings about variant crimes.

2. When the perpetrator has not been positively identified.

3. To determine whether a shooting is intentional or accidental.

4. To determine the specific nature of the crime.

5. When the accused claims self-defense.

When the wrongful act done be different from that intended.

1. Error in personae or mistake in identity.

Penalty prescribed for the offense which has lesser penalty in its maximum period.

Transferred intent rule. The intent is transferred to the actual victim.

2. Aberration ictus or mistake in the blow. When intending to do an injury to one person

actually inflicts it on another.

Complex crime. Two or more felonies.

Penalty. The graver offense shall be imposed in its maximum period.

 3. Praeter intentionem or lack of intent to commit so grave a wrong. When the result of

felonious act is grave that what was intended.

Penalty shall be imposed in its minimum period.

Requisite of paragraph 1, article 4.

1. An intentional felony has been committed.

2. Wrong done is direct, natural and logical consequence.

Proximate cause is the natural and continuous sequence, unbroken by any efficient and

intervening cause, produces the injury, and without which the result would not have occurred.

Death. Presumed to be natural consequence.

1. Strong and in normal health.

2. Reasonable time from the assault.

3. Death is expected from the nature and location of the wound.

Felony committed is not the proximate cause of the resulting injury.

1. There is an active force that intervened.

2. Resulting injury is due to the intentional act of the victim.

Impossible crime. Commission of a impossible crime is indicative of the criminal propensity or

criminal tendency on the part of the actor.

Requisite of impossible crime.

1. offence against person or property.

2. evil intent.

3. accomplishment is inherently impossible, means employed is either inadequate or

ineffectual.

4. Act performed should not constitute a violation of another provision of the revised penal

code.
Inherently impossible of accomplishment.

1. Factual or physical impossibility occurs when extraneous circumstance unknown to the

perpetrator prevent the commission of the intended crime.

2. Legal impossibility. Essential element of a crime is not present during its accomplishment

making it impossible of accomplishment.

Penalty for impossible crime is arresto mayor or a fine of 200 to 500 pesos.

Factors in imposition of penalty for impossible crime.

1. Social danger.

2. Degree of criminality shown by the offender.

Article 5. Duty of the court in connection with acts which should be repressed but which are not

covered by the law, and in cases of excessive penalties. — Whenever a court has knowledge of

any act which it may deem proper to repress and which is not punishable by law, it shall render

the proper decision, and shall report to the Chief Executive, through the Department of Justice,

the reasons which induce the court to believe that said act should be made the subject of

legislation.

In the same way, the court shall submit to the Chief Executive, through the Department of

Justice, such statement as may be deemed proper, without suspending the execution of the

sentence, when a strict enforcement of the provisions of this Code would result in the

imposition of a clearly excessive penalty, taking into consideration the degree of malice and the

injury caused by the offense.

Dura Lex Sed Lex. The law maybe harsh but it is the law.

Duty of the court.

1. Shall render proper decision.

 2. Shall report to the chief executive through DOJ, the reasons which induces the court to

believe that the said act should be made subject to legislation.

Article 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well

as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and

accomplishment are present; and it is frustrated when the offender performs all the acts of

execution which would produce the felony as a consequence but which, nevertheless, do not

produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly or over

acts, and does not perform all the acts of execution which should produce the felony by reason

of some cause or accident other than this own spontaneous desistance.

Stages in the development of a crime.

a. Internal acts. Exist in the mind and are not punishable.

b. External acts.

a. Preparatory acts. Initial acts of a person who has conceived the idea on

committing a crime, but which cannot by themselves logically and necessarily

ripen into a concrete offense.

b. Acts of execution. Directly connected to the intended crime, punishable under

RPC, usually overt act with a logical relation to a particular offense.

Indeterminate offense. The purpose of the offender in performing act is not certain.

Three stages of execution of a felony.

1. Attempted. When the offender commences the commission of a felony directly by

 overt acts, and does not perform all the acts of execution which should produce a

felony by reason of some cause or accident other than his own spontaneous

desistance.

2. Frustrated. When the offender has performed all the acts of the execution that

would produce a felony as a result but nevertheless does not produce it by reasons

of cause independent to the will of the perpetrator.

3. Consummated. When all the elements necessary for its executions and

accomplishment are present.

2 Phases of felony.

1. Subjective phase. Portion of the acts constituting the crime, starting

from the point where that offender begins the commission of the crime

to the point where he has still control over his acts.

2. Objective phase- portion of the acts of the offender where he has no

more control over the same.

Overt Act is a physical activity or deed, indicating an intention to commit a crime, more

than a mere planning or preparation, which if carried to its complete termination

following its natural course, without being frustrated by external obstacles bor by

voluntary desistance of the perpetrator will logically ripen into a concrete offence.

Essential element of attempted felony.

1. Commences.

2. Does not perform all the acts of executions.

3. Not stopped by his own spontaneous desistance.

4. Non-performance of all the acts of execution was due to cause or accident.

Desistance is an absolutory cause which negates criminal liability because the law allows a
person to desist from committing a crime.

Elements of frustrated felony.

1. performs all the acts of execution.

2. Acts performed would produce a felony.

3. The felony is produced

4. By reasons of Cause independent of the will.

Consummated felony. subjective and objective phase od execution are both present.

Factors in the stage of execution.

1. Nature of the offense.

2. Elements of the felony

3. Manner of committing the felony

Article 7. When light felonies are punishable. — Light felonies are punishable only when they

have been consummated, with the exception of those committed against person or property.

Reason for rule. Light felonies produce such insignificant moral and material injuries that public

conscience is satisfied with providing light penalty for their consummation.

Article 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit

felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the

commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution

to some other person or persons.

Conspiracy exist when two or more person come to an agreement concerning the commission

of a felony and decide to commit it.

Requisite of conspiracy.

1. Two or more person come to an agreement.

2. Commission of a felony.

3. Execution of felony is decided.

Doctrine of implied conspiracy. Holds two or more person participating in the commission of a

crime collectively liable as co-conspirators although absent any agreement to that effect, when

they act in concert demonstrating unity of criminal intent and a common purpose of objective.

Arias doctrine. That all heads of offices have to rely to a reasonable extent on their

subordinates and on the good faith of those who prepare bids, purchase supplies, or enter into

negotiations.

Proposal. when the person who has decided to commit a felony proposes its executions to

some other person or persons.

Requisite of proposal.

1. Decided to commit a felony.

2. Proposes its execution to some other persons.

Article 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to

which the law attaches the capital punishment or penalties which in any of their periods are

afflictive, in accordance with Art. 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their maximum
period are correctional, in accordance with the above-mentioned Article.

Light felonies are those infractions of law for the commission of which a penalty of arrest

menor or a fine not exceeding 200 pesos or both; is provided.

Importance of classification of felonies.

1. To determine whether the felonies can be complexed or not within the purview of article

48.

2. To determine the prescription of crime and the prescription of the penalty pursuant to

article 90 and 92 of RPC.

Article 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the

future may be punishable under special laws are not subject to the provisions of this Code. This

Code shall be supplementary to such laws, unless the latter should specially provide the

contrary.