Article1. Time when RPC took effect?

January 1, 1932
Article2. Application of RPC
a. What is the scope of application of RPC?

The scope of the application of the revised penal code includes not only within the Philippine
archipelago but also outside of its jurisdiction in certain cases. These certain cases are enumerated in five
paragraphs in article 2 of RPC.

b. What does the phrase except as provided in treaties and laws of preferential application mean?

This phrase means that while the general rule is that the provisions of the revised penal code shall
be enforced against any person who violates any of its provisions while living or sojourning in the
philippines, the exceptions to that rule may be provided by treaties and laws of preferential applications,
like the RP-US Visiting forces accord, the military bases agreement between the republic of the philippines
and the united states of america, and the provisions under republic act no. 75.

French rule-
English rule-

c. What comprises the Philippine archipelago?

The 7, 107 islands, its atmosphere, its interior waters, and maritime zone

d. Is it correct to refer to the Philippine government as government of Philippine island?

No. Since the jurisdiction of our government has its extensions, as enumerated in five paragraphs
in article 2, and so is not limited to within the islands per se.

Chapter 1: Felonies

Article3. Definitions

a. What are felonies?
Felonies are acts and ommissions punishable by the revised penal code.
b. How are felonies committed?
By act must be understood any bodily movement tending to produce some effect in the external
world, it being unnecessary that the same be actually produced, as the pssibility of its production is
sufficient.
But the act must be one which is defined by the revised penal code as constituting a felony; or, at
least, an overt act of that felony, that is, an external act which has direct connection with the felony
intended to be committed.
By ommission is meant inaction, the failure to perform a positive duty which one is bound to do.
There must be a law requiring the doing or performance of an act.

c. What are the elements of intentional felonies and culpable felonies?

1. That there must be an act or ommission
2. That the act or ommission must bepunishable by the revised penal code.
3. That the act is performed or the ommission incurred by means of dolo or culpa

The difference lies in number 3. The act or omission is classified as dolo when there is maliceo
or deliberate intent, and culpa when there is none.

And in order that an act or ommission may be considered as having been performed or incurred
with malice, he must have FREEDOM, INTELLIGENCE, and INTENT while doing the act or ommitting
to do the act.
d. What is intent?

Intent is the purpose to use a particular means to effect such result.

e. What is the rule on the existence of intent?

Criminal intent are always presumed to exist on the part of the person who executes an act which
the law punishes, unless the contrary shall appear.

However, when the act committed is not unlawful, the presumption of criminal intent does not
arise.

f. How is intent manifested?

The existence of intent is shown by the overt acts of a person.

g. What is motive?

Motive is the moving power which impels one to action for a define result. Intent is the purpose to
use a particular means to effect such result.

h. Is motive determinant of criminal liability?
Motive is not an essential element of a crime, and hence, need not be proved for purposes of
conviction.

i. When is motive material in determining the criminal agency?

If evidence is merely circumstancial, proof of motive is essential. Motive is important in
ascertaining the truth between two antagonistic theories or versions of the commission of a crime. Where
the identity of a person accused of having committed a crime is in dispute, the motive that may have
impelled its commission is very relevant.

j. What factors affect intent?

Freedom, Intelligence, Intent

k. What is mistake of fact?

Mistake of fact is a misapprehension of fact on the part of the person who caused injury to
another. He is not, however, criminally liable, because he did not act with criminal intent.

An honest mistake of fact destroys the presumption of criminal intent which arises upon the
commission of a felonious act.

Requisites:
1. That the act done would have been lawful had the facts been as the accused believed them to be.
2. That the intention of the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness on the part of the accused.

l. What is aberration ictus?

In abberation ictus, or mistake in the blow, a person directed the blow at an intended victim, but
because of poor aim, that blow landed on somebody else. In abberation ictus, the intended victim as well as
the actual victim are both at the scene of the crime.

m. What is error in personae?

In error in personae, or mistke in identity, the intended victim was not at the scene of the crime. It
was the actual victim upon whom the blow was directed, but he was not really the intended victim. There
was really a mistkae in identity.

It is important to distinguish error in personae from abberation ictus beacuse the legal effects are
not the same.

n. What is praetor intentionem?

A crime where the offender did not intend to commit so grave a wrong as that committed.

Article 13. The following are mitigating circumstances:
xxx
3. That the offender did not intend to commit so grave a wrong as that committed
xxx

o. What is proximate cause?

Proximate cause is defined as 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.
And more comprehensively, the proximate legal cause is that acting first and producing the injury, either
immediately or by setting other events in motion, all constituting a natural and continuous chain of events,
each having a close causal connection with its immediate predecessor, the final event in the chain
immediately effecting the injury as a natural and probable result of the cause which first acted, under such
circumstances that the person responsible for the first event should, as an ordinary prudent and intelligent
person, have reasonable ground to expect at the moment of his act or default that an injury to some person
might probably result therefrom.

p. Define intelligence within purview of felonies.

Without this power, necessary to determine the morality of human acts, no crime can exist. Thus,
the imbecile or the insane, and the infant under nine years of age as, well as the minor over nine but less
than fifteen years old and acting without discernment, have no criminal liability, because they act without
intelligence.

Article4. Criminal Liability

a. Who are liable for felonies?

Art 4. Criminal liability- criminal liability shall be incurred :

1. By any person committing a felony although the wrongful act done be
different from that which he intened. dolo only
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 on account of the employment of inadequate or ineffectual means.
impossible crimes
3.
b. How many clauses are there in paragraph 1 of article 4?

There are 2 clauses in paragraph 1, article 4:
1.committing a felony
2. although the wrongful act done be different from that which he intended

c. does the first clause refer only to intentional felony?

Yes, because par.1, art. 4 speaks of wrongful act done different from that which he intended.

If the wrongful act results from culpa, his liability should be determined under article365, which
defines and penalizes criminal negligence.

c. What is an impossible crime?

An impossible crime is an act which would be an offense against a person or property were it not
for the inherent impossibility of its accomplishment or on account of the employment of inadequate or
ineffectual means.

The penalty for impossible crime is provided in article 59 of this code.

d. What are the two kinds of inherent impossibility?

Legal impossibility- firing a gunshot to an already dead person.
- Taking a watch from someones pocket and finding out that it was the
watch he had lost a week before
Physical impossibility- firing a gunshot to an already dead person.

e. If there is no crime committed, why is impossible crime being punished?

To suppress criminal propensity or criminal tendencies. Objectively, the offender has not
committed a felony, but subjectively, he is a criminal.

f. Is there an impossible crime of rape?

Yes. The new rape law amending the revised penal code classified rape as a crime against persons
when committed.

Article 5. Duty of the court

What is the proper decision that the court should render if it tried a case for an act which is not yet
punishable by law?

The court must render proper decision by dismissing the case and acquitting the accused.

The judge, thereafter, should make a report to the president, through the secretary of justice,
stating reasons why said act should be made subject of penal legislation.

What is the duty of the court when the penalty prescribed for a felony is excessive?

The court should not suspend the execution of sentence.

The judge, thereafter, should submit a statement to the president, through the secretary of justice,
recommending executive clemency.

Article 6. Consummated, Frustrated and Attempted Felonies

A. When is a felony consummated?

A felony is consummated when all the elements necessary for its execution and accomplishment
are present.

B. When is a felony frustrated?

A felony 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.

C. When is a felony attempted?

A felony is 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.

D. What are over acts?

Overt acts are external acts that have direct connection with the crime intended to be committed.

E. What are preparatory acts?

Preparatory acts are those external acts that have no direct connection with crime intended to be
committed and are ordinarily not punishable.

F. What is required for the overt act to be considered an attempt of a felony?

The overt acts must have a driect connection with the crime intended to be committed by the
offender.

G. What is desistance?

Desistance is the discontinuance of the crime by the person who begun it, and that he stops of his
own free will.

H. What is the frustrated stage of a felony?

The frustrated stage of a felony is when the offender already passes the subjective phase of the
offense. Subjective phase is that portion of the acts constituting the crime, starting from the point where the
offender begins the commission of the crime to that point where he has still control over his acts, including
their natural course. The acts then of the offender rached the objective phase, when he is not stopped but
continues until he performs the last act of execution. Thus it is now in its frustrated stage.

I. What crimes do not admit of frustrated stage?

Felonies under special laws- the special law does not provide for a penalty one or two degrees
lower than that provided for the consummated stage. The penalty for the consummated crime cannot be
imposed when the stage of the acts of execution is either attempted or frustrated, because the penalty for the
attempted and frustrated crime is two degrees or one degree lower, respectively. The special law has to fix
penalties for attempted and frustrated.
light felonies- light felonies are punishable only when they have been consummated, except those
against persons or property (art.7)
Impossible crimes- the acts performed by the offender in impossible crimes are considered as
constituting a consummated offense
formal crimes- are consummated in one instance. Example is oral defamation.

J. Distinguish between the attempted and frustrated felonies.

In frustrated felony, the offender must perform all acts of execution. Nothing more is left to be
done by the offender, because he has peformed the last act necessary to produce the crime.
In attempted felony, the offender merely commences the commission of a felony directly by overt
acts.

Article 7. Light Felonies

A. When are light felonies punishable?

Light felonies are punishable only when they have been consummated, except those committed
against persons or property.

B. Who are pnuishable with light felonies?

Article 8. Conspiracy and Proposal to commit felony

A. What is conspiracy?

Conspiracy exists when two or more persons come to an agreement concerning the commission of
a felony and decideto commit it.

B. What proof is required for conspiracy?

Conspiracy must be proven beyond reasonable doubt.

C. To be liable for conspiracy, what is to be done by a conspirator?

There should be a positive act from a conspirator in furtherance of the crime. There should be
evidence of cooperation rather than mere approval of illegal act.

D. What are two concepts of conspiracy?

Conspiracy as a crime- theses are preparatory acts that are punishable when it is expressly stated
as such by the law, even though there ought to be no overt acts done yet. Mere existence of conspiracy is
not punishable as this is only a preparatory act, and the law regards them as innocent or atleast permissible
except in few cases. i.e. RPC: Treason, rebellion, sedition

Conspiracy as a manner of incurring criminal liability- when the crime to be committed already
commence through overt acts, the conspiracy itslef will no longer be a crime itself, but only a manner of
determining criminal liability among conspirators.

E. What is implied conspiracy?

There is an implied conspiracy when the participants, without having an agreement, acted in
concert or simulatneously, which is indicative of a meeting of the minds towards a common criminal goal
or criminal objective.

F. When conspiracy involves a pre-conceived plan what should be required of the co-conspirator?

G. Does finding of conspiracy require direct proof of evidence?

No. Direct prrof is not essential to establish conspiracy. It may be inferred from the collective acts
of the accused before, during and after the commission of a crime.

H. Is it necessary for the co-conspirators to perform equally each and every part of the acts
constituting the offense?

I. What is the concept of the act of one is the act of all?

When after the crime is already committed (i.e. Rebllion, treason, sedition), the conspiracy will
only be a manner of incurring criminal liability to the conspirators. It wont be a separate crime. And the
criminal liablity to be imposed to all conspirators should be equal, pursuant to the concept of the act of
one is the act of all. this means that regardless of the degree of participation, a conspirator will incur the
same criminal liability with all other co-conspirators.

J. In the absence of a conspiracy, what is the liability of the offenders?

Where conspiracy has not been proven, the respective criminal liability of the offenders arising
from different acts is individual and not collective, and each of them is liable only for the act committed by
him.

K. What is the arias doctrine?

Amado Arias vs. Sandiganbayan- The jurisprudence says a public officer could not be faulted for
an offense if he merely relied in good faith on his assistants. Accordingly, for conspiracy to exist, it is essential
that there must be a conscious design to commit an offense. Conspiracy is not the product of negligence but of
intentionally on the part of cohorts.
We would be setting a bad precedent if a head of office plagued by all too common problems
dishonest or negligent subordinates, overwork, multiple assignments or positions, or plain incompetence
is suddenly swept into a conspiracy conviction simply because he did not personally examine every single
detail, painstakingly trace every step from inception, and investigate the motives of every person involved
in a transaction before affixing his signature as the final approving authority.
xxx xxx xxx
. . . . 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. . . . There has to be some added reason why he should
examine each voucher in such detail. Any executive head of even small government agencies or commissions can
attest to the volume of papers that must be signed. There are hundreds of documents, letters, memoranda, vouchers,
and supporting papers that routinely pass through his hands. The number in bigger offices or departments is even
more appalling.
Article 9. Grave, Less Grave and Light Felonies

A. How are felonies classified as to gravity?

The gravity of the felonies is determined by the penalties attached to them by law, and article 9 classifies
felonies accoring to this gravity. These are namely Grave, less grave and light felonies.

B. What is the significance of classifying felonies into grave, less grave, or light?

To determine whether felonies can be complexed or not within the purview of art. 48.
To determine the prescription of the crime and the prescription of the penalty pursuant to art.90 and art.92,
respectively.

Article 10. Offenses not subject to the provisions of RPC

A. What are special laws?

A special law is a statute enacted by the legislative branch, penal in character, which is not an amendment
to the revised penal code.

B. When is suppletory effect of the RPC on special law not available.

Suppletory effect of the RPC on special law is not available when the latter should specially provide the
contrary.
Also when there is legal impossibility in applying suppletory effect from the provisions of RPC, like in the
case punishing an accomplice under special laws, art.52 of RPC cannot apply.

C. What is the relation between dolo and special law?