CRIMINAL LAW REVIEW

CRIMINAL LAW is that branch of law which defines CRIMES, TREATS OF THEIR NATURE,
and PROVIDES FOR THEIR PUNISHMENT.

CRIME is an ACT of COMMISSION or OMISSION punishable by law.

CHARACTERISTICS OF CRIMINAL LAW

GENERAL - criminal law is binding on all person who live and sojourn in Philippine
territory

TERRITORIAL – criminal law undertakes to punish crimes committed within

Philippine territory

XPN: (extra-territoriality)

PROSPECTIVE – criminal law cannot make an act punishable in a way it was not
punishable when committed
- Unless favorable to the accused
ARTICLE 1

THEORIES OF CRIMINAL LAW

1. CLASSICAL THEORY – the basis of criminal liability is human free will and the purpose
of the penalty is RETRIBUTION.
2. POSITIVIST THEORY – man is subdued occasionally by strange and morbid
phenomenon which constrains him to do wrong, in spite of or contrary to his own volition.
3.
ARTICLE 2

Provisions of the RPC shall be enforced not only within the Philippine Archipelago, but
also outside of its jurisdiction in certain cases (enumerated under art 2)
Acts committed in the air, at sea, and even in a foreign country when such acts affect the
political or economic life of the nation.

ARTICLE 3

FELONIES acts and omissions punishable by law.

Committed by means of DECEIT (DOLO) and by means of FAULT (culpa)

DECEIT – when an act is performed with deliberate intent (FREEDOM, INTELLIGENCE,

INTENT)

FAULT – when the wrongful act results from IMPRUDENCE, NEGLIGENCE, LACK OF
FORESIGHT, OR LACK OF SKILL

ELEMENTS OF FELONIES/ CRIMES

1. There is an act or omission
2. Such act or omission is punishable by law
3. The act is performed or the omission incurred by means of dolo or culpa
 MISTAKE OF FACT

1. Ignorance or mistake of fact relieves the accused from criminal liability

2. Not criminally liable because he did not act with criminal intent (honest
mistake)

U.S. Vs. AH CHONG

Justifying circumstances
1. Unlawful aggression on the part of the person killed
2. Reasonable necessity of the means employed to prevent or
repel it
3. Lack of sufficient provocation on the part of the person
defending himself

Having no time or opportunity to make further inquiry and being pressed

by circumstance to act immediately

MALA IN SE wrongful from their nature (inherently wrong) such as theft, rape, homicide,
etc. serious on their effects on society (intent is a defense)
MALA PROHIBITA or wrong merely because prohibited by statute, such as illegal
possession of
Firearms (violations of mere rules) (intent not a defense)

Intent/motive
Motive is not essential element of a crime – need not be proved.
Motive is established by the testimony of witnesses on the acts or statements of the
accused

ARTICLE 4

CRIMINAL LIABILITY
He who is the cause of the cause, is the cause of the evil cause.

ERROR IN PERSONAE – mistake in the identity of the victim (people v oanis)

ABERRATIO ICTUS - Mistake in the blow (causes injury to another, though not the
intended victim)
PRAETER INTENTIONEM – the injurious result is greater than that intended

To be held liable, the following must be present

1. Intentional felony has been committed
2. The wrong done to the aggrieved party be the DIRECT NATURAL AND
LOGICAL CONSEQUENCE of the felony committed to the offender

PROXIMATE CAUSE is that cause, which, in natural and continuous sequence,

unbroken by any efficient intervening cause, produces the injury, and without which the
result would not have occurred.
 IMPOSSIBLE CRIME – an act which be an offense against persons or property, were it
not for the inherent impossibility of its accomplishment or on account of the employment
of inadequate or ineffectual means.

ARTICLE 5

Duty of the Judge to apply the law as interpreted by the supreme court.
Regardless of their private opinion.
It is a well-settled rule that the courts are not concerned with the wisdom, efficacy or morality of
laws. That question falls exclusively within the province of Legislature which enacts them and
the Chief, Executive who approves and vetoes them. The only function of the judiciary is to
interpret the laws and, if not in disharmony with the Constitution, to apply them.
ARTICLE 6

CONSUMATED when all the elements necessary for its execution and accomplishment are
present.

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.

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

DEVELOPMENT OF CRIME

Internal acts – mere ideas in the mind of a person are NOT PUNISHABLE even if had they
been carried out would constitute a crime. Intention and effect must concur.

External acts –
1. Preparatory (not punishable)
2. Acts of execution (punishable) attempted, frustrated, and consummated

Hence, PROPOSAL and CONSPIRACY to commit a felony (preparatory) are not

punishable.

Excepts: when the law provides for their punishment

Example: Possession of picklocks (art 304)

Preparatory to commit robbery

EXTERNAL ACTS must be related to the OVERT ACTS

OVERT ACTS – is some physical activity or deed, indicating the intention to commit a
particular 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 nor by the
voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete
offense.
Conspiracy – there must be unity of purpose and unity in the execution of the unlawful objective.

Conspiracy renders all the conspirators as co-principals regardless of the extent and character
of their participation because in contemplation of law the act of one conspirator is the act of all.

Mere presence of a person at the scene does not make him a conspirator for conspiracy
transcends companionship.

MERE PROPOSAL that are punishable:

Proposal to commit treason

Proposal to commit coup de etat rebellion or insurrection

CONSPIRACY AND PROPOSAL

Punishable only in the case in which the law specifically provides a punishment
therefore.

Such as conspiracy to commit:

Treason
Rebellion or coup detat
Sedition
Arson
Trafficking of dangerous drugs
Terrorism
Financing a terrorism
Child pornography
Money laundering

CONSPIRACIES NOT PUNISHABLE (mere ideas)

Direct or indirect assault

Trafficking in person
Assassinate the president (already repealed by EO No. 183) plans to harm the
president
Are punishable

REQUISITES OF PROPOSAL
1. The person has DECIDED to COMMIT a crime
2. Such person proposes the EXECUTION of such crime to some other person
or persons (there must be an overt act)
3. There must be a law prescribing a penalty
4. AGREEMENT AND DECIDED to commit such crime (2 or more persons
come to agreement)

Note: participation is required in the execution

 PROPOSAL TO COMMIT REBELLION – ABSORBED BY – CONSPIRACY TO
COMMIT REBELLION when accepted and decided to commit – when carried out – liable for
REBELLION only.

COSPIRACY becomes a mode of INCURRING COLLECTIVE CRIMINAL LIABILITY

( persons are liable for the crime committed by overt act.

REQUISITES of CONSPIRACY AS A MODE OF INCURRING CRIMINAL LIABILITY

1. There must be a conspiracy to commit a crime

2. The crime agreed upon has been committed
3. It must be performed in furtherance of conspiracy

LIABILITY AS CONSPIRATOR

To be held liable as conspirator, it must be shown that the accused performed an

overt act in furtherance of conspiracy, EXCEPT in the case of the MASTERMIND WHO
IS liable as CONSPIRATOR AND PRINCIPAL BY INDUCEMENT.

Note: even he was not present in the crime scene – what is material is the
inducement of the commission of the crime. Command and Advice.

DETACHING FROM CONSPIRACY

1. Dissociate
2. Detach
3. Must be performed in overt act to prevent the commission

EFFECTS OF DETACHING:

1. DONE BEFORE
a. Must made an effort to prevent the commission of the crime
b. EXEMPT from criminal liability because he detach himself

2. WHILE IN PROCESS
a. Conspirator left the crime scene
b. Must report the incident to the police authority
c. NOT CRIMINALY LIABLE
d. BUT-if he did not report to the police- he is not exempted because
nothing to repudiate
3. AFTER
a. CRIMINALLY LIABLE
b. The crime materialized, nothing to prevent

JACA PRINCIPLE

Pertains to Conspiracy of silence or inaction. Public Officer’s omission to

question irregularities indicate a common understanding and concurrence of sentiments
respecting the commission of the offense.
 IMPUTABILITY DOCTRINE

The act of an offender is imputable to his co-conspirator-although they are not

similarly situated in relation to the subject of the crime.

Such as:

1. Malversation – committed by public officers- but can be imputed to

private conspirator
2. Rape through sexual intercourse – committed by a male- but it can be
imputed to a female conspirator
3. Violation of BP BLG 22 – does not expressly prescribe supplementary
application of the RPC but may be applied in a supplement manner
4. VAW- mother in law may be imputed (although no marital relation)
5. Corruption – public officer but may impute private individual
6. Plunder - public officer but may impute private individual

EXCEPTIONS:
1. Parricide – only spouses – not stranger
2. Qualified theft – employee only – not non employee – (thrust of confidence or
personal relationship is required.

LIABILITY FOR CRIME NOT AGREED UPON

Crimes which could FORSEEN and are the NATURAL CONSWQUENCES OF

THE CONSPIRACY – the offenders are liable.

SPECIAL COMPLEX CRIME

Offenses committed as a natural consequences of the act committed.

Robbery with homicide

CANTURIA PRINCIPLE

Lack of awareness is a defense in the commission of a crime applicable to rape,

kidnapping with homicide and robbery with arson.

AS TO RECIDIVISM QUASI- REITERACION HABITUAL

RECIDIVISM DELINQUENCY
Crimes Previous and Previous and Penalty for Previous and
Committed Present Crime present crime is Previous is SUBSEQUENT
are embraced in NOT MATERIAL EQUAL or CRIMES must be a
the same title of GREATER than SERIOUS or
the RPC the PRESENT LESSS SERIOUS
or 2 Previous Physical Injuries,
EX. Both Past crime is theft, robbery,
and Present LIGHTER than estafa, or
crime is Crime present falsification of
against Person documents
 Ex. Previous is
Homicide and Homicide –
maltreatment served penalty
of RECLUSION
TEMPORAL

Simple rape
-present crime –
RECLUSION
PERPETUA

There is no
reiteracion
because past is
lesser than
present

But if there are 2

crimes
previously –
there is
reiteracion
regardless the
penalty for
present is lesser
than the present

Grave slander,
qualified
trespass to
dwelling and
robbery
PERIOD OF Date of Trial of Not material Not material Date of conviction
TIME the present of subsequent
crime in relation crime in relation
to date of too the date of his
conviction of the last release or
previous crime conviction

The accused was

No. of Crimes At least 2 crimes
Committed
found guilty of the
second crime
WITHIN 10 years
after conviction or
release of the first
crime; then
convicted of the 3rd
crime within 10
years and so forth.
At least 2 crimes At least 2 crimes At least 3 crimes
but if previous is
 lighter than
present there
must be 3
Effects in ORDINARY SPECIAL ORDINARY EXTRAORDINARY
relation to the AGGRAVATING AGGRAVATING AGGRAVATING or SPECIAL
penalty AGGRAVATING
Presence of any Presence of Presence of any
of which – the which – the of which – the Will require the
penalty for the penalty for the penalty for the imposition of
present crime in present crime in present crime in penalty in
its MAXIMUM its MAXIMUM its MAXIMUM ADDITION to the
period – PERIOD period – principal penalty
UNLESS regardless of the UNLESS for the present
OFFSET by a present of OFFSET by a crime
MITIGATING mitigating MITIGATING
circumstances Not subject to
offset rule

DELITO CONTINUADO

Composed of several acts committed under a single impulse in violation of a single

provision.

Example: several acts of taking roosters

In order that CONTINUED CRIME may exist, there should be:

1. Plurality of acts performed separately during a period of time
2. Unity of criminal intent and purpose
3. Unity of penal provision infringed upon or violated

COMPLEX CRIME COMPOUND CRIME DELITO CONTINUADO

There must be a single There must be several acts
act constituting two or committed under a single
more crimes criminal impulse
The crimes may be committed Several acts committed in
in violation of single or two violation of single penal
penal provisions provision

e.g., complex crime of direct

assault with homicide
The purpose is to consider
several crimes as a single crime
which is called complex crime
Does not apply to raped
committed against several
persons -several impulses(more
counts)

Does not apply to illegal

 detention several victims

Offender is liable for as many

kidnapping and serious illegal
detention

Does not apply to several rape

against single victim satisfying
his lust every time – it constitute
separate crimes of rape

Etc

SINGLE LACERNY RULE

The taking of several things, whether belonging to the same or different owners at the
same time and place. (several counts one crime)

Single criminal impulse or intent

Single penal provision

Kapag magkaiba na – complex crime na siya

FORKNOWLEDGE PRINCIPLE

If the accused committed the firs criminal act without foreknowledge that he will commit
the second, the acts could not be said to have been committed under the criminal acts could not
be said to have been committed under a single criminal intent or impulse.

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

The circumstances that affect criminal liability have something to do with

FREEDOM, INTELLIGENCE, DOLO OR CULPA.

JUSTIFYING Six circumstances:

1. Self defense
2. Defense of relative
3. Defense of stranger
4. Avoidance of greater evil or injury
5. Performance of duty
6. Obedience to an order made by superior officer

Reason: It is a man’s natural instinct to protect, repel, and save his

person or rights from impending danger or peril; it is based on that
impulse of SEL-PRESERVATION born to man and part of his nature
as a human being.

1. Self-defense
ELEMENTS:
a. Unlawful aggression
 b. Reasonable necessity of the means employed to prevent or
repel it
c. Lack of sufficient provocation on the part of the person
defending himself

2. DEFENSE of RELATIVE
a. Unlawful aggression
b. Reasonable necessity of the means employed to
prevent or repel it
c. Lack of participation in relative’s participation
3. DEFENSE OF STRANGER
a. Unlawful aggression
b. Reasonable necessity xxx
c. Accused be not induced by revenge, resentment, or evil
motive

ELEMENTS OF UNLAWFUL AGGRESSION

1. There must be a physical or material attack or assault

2. The attack or assault must be actual or at least imminent
3. The attack or assault must be unlawful

IMMINENT UNLAWFUL AGGRESSION is an attack that is impending

or at a point of happening.

Such as aiming a revolver at another with intent to shoot

Not a mere threatening attitude, imaginary, but must be offensive and

positively strong

Such as drawing a gun from waist

AGGRESSION MUST BE LAWFUL

Killing the paramour in the act of having sexual intercourse with his
wife

AGGRESSION MUST BE NON-MUTUAL

Accepting a challenge to fight
There is an implied knowledge that accepting the fight would expose
him to the consequences of a fight

CEASED AGGRESSION
When aggression ceased – example naagaw na ung kutsilyo, wala ng
imminent danger

Retaliation is not the same as self-defense (bawal gumanti)

MITIGATING ONLY

Disarming the aggressor- unlawful aggression CEASED AS SOON AS

THE DANGER ON THE LIFE AND LIMB OF THE ACCUSED
VANISHED

Except: Regain possession of the weapon – still aggressor posed a

threat to the life of the accused

If unlawful aggression ceased – accused is not entitled to COMPLETE

OR INCOMPLETE SELF DEFENSE

It may be a source of mitigating circumstances

DEFENSE OF PROPERTY
MISTAKE OF FACT

REASONABLE and NECESSARY MEANS

Must be commensurate to the nature and the extent of the attack
sought to be averted and must be rationally necessary to prevent or
repel an unlawful aggression.

LACK OF SUFFICIENT PROVOCATION

The accused must not have given cause for the aggression by his
unjust conduct or by inciting or provoking the victim

BATTERED WOMAN SYNDROME is a defense regardless of the

absence of any of the elements for justifying circumstance of self
defense

BATTERED WOMAN SYNDROME refers to a scientifically defined

pattern of psychological and behavioral symptoms found in women
living in battering relationships because of cumulative abuse.

CUMULATIVE ABUSE – single act is not sufficient to avail the benefit

of justifying circumstance of battered woman syndrome

CHARACTERIZED BY “CYCLE OF VIOLENCE”

Three phases:

1. Tension building phase

2. Acute battering incident
3. Tranquil loving

To be classified as battered woman – must go through this cycle at

least twice.

Because of this cycle of violence, woman featured imminent harm from

batterer and honestly believed in the need to kill him in order to save
her life.

BATTERY refers to an act of inflicting PHYSICAL HARM upon the

 woman or her child RESULTING TO THE PHYSICAL AND
PSYCHOLOGICAL OR EMOTIONAL DISTRESS.

AVOIDANCE OF GREATER EVIL OR INJURY

In order to qualify:

1. The evil sought to be avoided ACTUALLY exist

2. The injury feared to be greater than that done to avoid it
3. There be no other practical and less harmful means of
preventing it

Abortion and Suicide an Euthanasia

STATE OF NECESSITY RULE

Abortion may justify to save life of the mother
Saving his own life by crashing into bystanders resulting to by killing
them.

PERFORMANC OF DUTY

1. The accused must have acted in the performance of duty or in

lawful exercise of a right or office
2. The injury caused or the offender committed should have been
necessary consequence of due performance of duty or lawful
exercise of right or office

OBEDIENCE TO A LAWFUL ORDER

1. Order has been issued by a superior
2. Such order must be for some lawful purpose
3. Means used subordinate to carry out such order is lawful

The accused must be aware of the illegality of the order issued by

superior.
EXEMPTING 2 kinds:
CIRCUMSTANCE
1. GENERALEXEMPTING CIRCUMSTANCES
Can be appreciated in any crime even if punishable under
special law in favor of any offender, whether principal,
accomplice or accessory.

Insanity
Imbecility
Accident
Irresistible force
Uncontrollable fear
Lawful and insuperable cause
Minority

2. SPECIFIC EXEMPTING CIRCUMSTANCES

Can be appreciated in a specific crime or crime in favor of
specific offender.