Criminal Law 1 Midterms Reviewer 2011

Criminal Law: branch or division of law defining crimes, treats

of their nature, provides for their punishment
Crime: act committed/omitted in violation of a public law
forbidding or commanding it.
Sources: RPC (Act No. 3815), PDs during Martial Law, Special
laws passed by legislature
No common law crimes here. Court decisions are not sources
of law
State has authority (police power) to define & punish crimes
Penal Law Limitations: No ex post fact / bill of attainder, due
process always!
Constitutional Rights of the Accused:
Speedy disposition of cases / Due process always / Bail /
Innocent until proven guilty / Self-incrimination / No excessive
fines, punishment / Double Jeopardy / Free access to courts &
legal assistance for all
Statutory Rights of the Accused:
Presumed innocence / Be informed of the nature of accusation /
Presence during all stages of proceeding / Self-incrimination /
Testify as a witness on his own behalf / Confront & crossexamine witness against him / Secure attendance of witnesses
and evidence on his own behalf / Appeal in all cases
May be waived: Confrontation & cross examination (personal)
May not be waived: to be informed of the nature or cause of
accusation
CHARACTERISTICS OF CRIMINAL LAW
1. GENERAL
Binding on all who live or sojourn in our territory
Jurisdiction of courts not affected by accuseds military
character (general rule)
RPC not applicable when Military Court takes over a case
(Articles of War)
Exceptions: under laws of preferential application / subject to
intl laws & treaty stipulations (Consuls not entitled immunity)
2. TERRITORIAL
Undertakes to punish crimes committed within Phil territory;
enforceable only here except for those mentioned in Art. 2
3. PROSPECTIVE
No ex post facto law except when it is favourable to the
accused. However, not if law is expressly made inapplicable or
that offender is a habitual criminal

JMHRoco

History of RPC
Old Penal Code effective 14 July 1887 to 31 December 1931
RPC (Act No. 3815) approved on 8 December 1930

ART. 1 Time it takes effect

1 January 1932
Classical basis of criminal liability is human free will, purpose
of penalty is retribution
Positivist crime as a social & natural phenomenon, man is
subdued by phenomenon which constrains him to do wrong
despite his free will, purpose of penalty is to cure
ART. 2 Application of its provisions
Beyond 3 miles from seashore but not in foreign territory is
still national territory
Phil vessel/aircraft = registered in Phil Bureau of Customs
Crimes committed in exercise of public functions: direct &
indirect bribery, frauds against treasury, possession of
prohibited interest, malversation of public funds, failure of
officer to render accounts
Crimes against Natl Security & Law of Nations: treason,
espionage,
inciting
to
war,
violating
neutrality,
correspondence w/ hostile country, flight to enemy country,
piracy & mutiny on the high seas
Crimes in Art. 2 are cognizable by RPC
Crimes in foreign merchant crafts not triable here when in
the high seas
o Only when it enters Phil territory
French Rule: not triable in courts of country unless it affects
peace & security of the state
English Rule: triable in country unless it merely affects things
within the vessel or internal management
No jurisdiction regarding crimes in foreign warships
Art. 3 Definition
Felonies = acts/omissions pubishable by law
Elements: must be an act/omission / punishable by RPC / by
dolo or culpa
Act: any bodily movement tending to produce some effect
Omission: inaction, failure to perform a positive duty required
by law

Criminal Law 1 Midterms Reviewer 2011

Intentional Felonies: malicious, with deliberate intent, voluntary
Requisites of Malice: FREEDOM, INTELLIGENCE, INTENT
Culpable felonies: not malicious, unintentional, voluntary
Requisites of Culpa: IMPRUDENCE, NEGLIGENCE, LACK OF
SKILL/FORESIGHT
Imprudence: deficiency of action, Negligence: deficiency of
perception
Criminal intent presumed from commission of an unlawful
act. If not, no.
Mistake of fact must be lawful. Not by carelessness or fault
In special laws, intent is not necessary (mala prohibita)
Motive as moving power. Intent as purpose to use a means for a
result.
Motive only relevant when identity of accused is in question.
Art. 4 Criminal Liability
Par. 1 contemplates that the act must be with malice
When one does not commit a felony, no liability for result
not intended
Requisites: Intentional felony is committed / Wrong done be
direct, natural and logical consequence (proximate cause)
No proximate cause when: intervention of an foreign active
force, due to intentional act of victim
Not intervening causes: Weak physical condition / Nervous
temperament / Causes inherent in victim / Neglect or refusal to
get medical care / Erroneous medical treatment
Supervening event may be subject to amendment w/o
double jeopardy
Par. 2 contemplates an impossible crime
Requisites: Offense against persons or property / Done with
evil intent / Impossible to accomplish due to means employed /
Should not violate provisions of RPC
Against Persons: Parricide, Murder, Homicide, Infanticide,
Abortion, Duel, Physical Injuries, Rape
Against Property: Robbery, Brigandage, Theft, Usurpation,
Culpable insolvency, Swindling and other deceits, Arson,
Malicious mischief, Chattel mortgage
Art. 5 Duty of court reg. acts which need to be
repressed / excessive penalty
Requirements of Par. 1:
Act not punishable by any law / Court deems it proper to
repress act / Dismiss case, acquit accused / Make a report to
Chief Exec

JMHRoco

Requirements of Par. 2:
Accused found guilty / Penalty given appears excessive / Court
shall not suspend sentence / Court must ask for executive
clemency
Penalties NOT EXCESSIVE when intended to enforce public
policy
Only applies to RPC, not special laws
Only applies to acts with malice
Art. 6 Consummated, Frustrated, Attempted Felonies
Development of a Crime:
1. Internal Acts: mere ideas, not punishable, intention and
effect must concur
2. External Acts: Preparatory + Acts of Execution
Preparatory acts generally not punishable except when the
law specially provides for it
Acts of execution are punishable in their different stages

ATTEMPTED
1. Commences commission of felony directly by over acts
2. Doesnt perform all acts of execution which would produce a
felony
3. Not stopped by own spontaneous desistance
4. Non-performance was due to some cause or accident
Overt acts: external acts / has direct connection with crime
intended to commit (does not include mere preparatory acts)
Indeterminate offense: purpose of offender in performing an act
is not certain
Never passes subjective phase (commission of crime to
point where offender has control over acts) of the offense
When nothing more is left to be done to attain objective,
frustrated stage
FRUSTRATED
1. Performs all acts of execution
2. Performs acts that would produce a felony as a consequence
3. Felony intended is not produced
4. Because of causes independent of the will of the perpetrator
There is nothing more left to be done since the last act
necessary to produce the crime has been performed
CONSUMMATED

Criminal Law 1 Midterms Reviewer 2011

Elements of execution complete + accomplished objective
How to determine Stage of Execution:
Nature of offense / Elements constituting felony / Manner
Formal Crimes consummated in one instant (slander)
Consummated by mere attempt or by overt act (flight to enemy
country)
Felony by omission
Required by 2 or more persons & consummated by agreement
Material crimes involves 3 stages of execution
No attempted / frustrated in impossible crimes
Art. 7 When Light Felonies are punishable
Light Felonies in RPC:
Slight Physical Injuries
Theft
Alteration of boundary marks
Intriguing against honor
Punishable only when consummated (general rule)
However, if against persons or property, punishable even if
it is attempted or frustrated

JMHRoco

Criminal Law 1 Midterms Reviewer 2011

Art. 8 Conspiracy & Proposal to commit felony
Unless theres a specific provision in RPC, mere conspiracy
and proposal is not a felony
EXCEPTIONS: Treason (attempt to overthrow by over acts),
Sedition (disturbance of the peace, imperil the govt),
Rebellion (insurrection)
Should not actually be committed. If so, its only a manner
to incur liability and not punishable as a separate offense
Act of one is act of all
Indications: Unity of purpose / acts are concerted &
cooperative
Conspiracy arises the moment the plotters agree to commit
felony and decide to commit it
Requisites of Conspiracy: 2 or more come to an agreement /
concerns the commission of a felony / execution should be
decided upon
Requisites of Proposal: Person has decided to commit a
felony / Proposes its execution to another
If actually committed, proponent is liable
Person proposing should be determined to commit it (not a
mere suggestion)
No proposal if its not the execution that is proposed
Art. 9 Grave, Less Grave, Light Felonies
Classifications according to their gravity (Art. 25)
Capital Punishment: death penalty
Afflictive: Reclusion perpetual / temporal / absolute
disqualification / special disqualification / prision mayor
Correctional: Prision correctional / arresto mayor / suspension /
destierro
Light Penalties: Arresto menor / public censure
Common to all: Fine / Bond to keep the peace
Art. 10 Offenses not subject to RPC
Generally, offenses under special laws are not subject to the
RPC. However, the RPC can be supplementary to special
laws
RPC not intended to supersede special laws. Special legal
provisions prevail over general ones
Special laws do not provide for a scale of penalties
RPC provisions applicable to special laws: Art. 17, 22, 39, 45
Art. 11 Justifying Circumstances
No criminal, no criminal liability incurred

JMHRoco

Burden of proof on the accused

(1) SELF DEFENSE

Unlawful aggression / Reasonable necessity of means employed
to prevent / repel it / Lack of sufficient provocation on the
defender
Public officer exceeding authority may become an unlawful
aggressor
No unlawful aggression if there is an agreement to fight
Reasonableness depends on circumstances of place &
occasion, means used
Perfect equality not required. Rather, rational equivalence
Peace officer is required to overcome opponent and not
required to afford an attacker a fair opportunity
Battered Woman Syndrome is a defense
(2) DEFENSE OF RELATIVES
First 2 requisites / Defender had no part in giving provocation
even if it came from the person attacked (relative)
Death of spouse terminates affinity except when there are
children
(3) DEFENSE OF STRANGERS
First 2 requisites / Defender not induced by revenge,
resentment or other evil motives
(4) AVOIDANCE OF AN EVIL OR INJURY (has civil liability)
Covers injury to persons, damage to property
Evil sought to be avoided actually exists
Injury feared be greater than that done to avoid it (instinct
of self-preservation)
Should not come from negligence/imprudence
Must not result from a violation of law
(5) FULFILLMENT OF A DUTY OR EXERCISE OF RIGHT OR
OFFICE
Acted in performance of duty or in the lawful exercise of right or
office / Injury caused was consequence of the performance of
duty or exercise of right
Never justified in using unnecessary force or in treating
victims with wanton violence
In lawful exercise of right, not necessary that there be
unlawful aggression against accused

Criminal Law 1 Midterms Reviewer 2011

(6) OBEDIENCE TO AN ORDER ISSUED BY SUPERIOR FOR
LAWFUL CAUSE
Order has been issued by superior / Such order is for some
lawful purpose / Means used to carry out order is lawful
When order is not for a lawful purpose, subordinate who
obeyed is liable
Subordinate not liable if he is not aware that the order is
illegal and that he is not negligent
Art. 12 Exempting Circumstances (intent is wanting)
Crime is committed but no criminal liability because of
complete absence of free will/voluntariness
(1) IMBECILE OR INSANE PERSON (intelligence)
Imbecile (mental capacity of 7/10 year old) is exempt in all
cases
Insane person not exempt if shown he acted during a lucid
interval
There must be complete deprivation of intelligence/free will
Mere mental abnormality not enough
Must be insane at the time of the commission
(2) UNDER 9 YEARS (intelligence)
Absolute irresponsibility raised to 15 years (RA 9344)
(3) OVER 9 YEARS UNDER 15 (intelligence)
Repealed by Juvenile Justice & Welfare Act of 2006
Over 15, under 18 years of age
Not exempt from civil liability
Age of absolute irresponsibility / Conditional responsibility /
Full / Mitigated
Intent: desired act; Discernment: moral significance ascribed to
desired act
(4) INJURY CAUSED BY MERE ACCIDENT (negligence &
intent)
Performing a lawful act / With due care / Causes injury by mere
accident / Without fault or intention
Must act without fault or negligence
Accident something that happens outside the will, beyond
foreseeable consequences
(5) COMPULSION OF AN IRRESISTABLE FORCE (freedom)
Compulsion by means of physical force / Must be irresistible /
Comes from third person

JMHRoco

Reduces one to mere instrument

(6) IMPULSE OF AN UNCONTROLLABLE FEAR (freedom)
Uncontrollable fear must exist / Real & imminent / Fear of an
injury greater than or equal to that committed
Compulsion is by means of intimidation or threat
Accused must not have an opportunity for escape or selfdefense
Mere threat to future injury not enough
(7) PREVENTED BY A LAWFUL OR INSUPERABLE CAUSE
(intent)
Act is required by law to be done / Fails to perform such act /
Due to lawful or insuperable cause
Absolutory cause: No penalty is imposed for a crime for reasons
of public policy or sentiment; Instigation: inducement by a
public officer into the commission of offense; Entrapment: only
ways & means are resorted to
Art. 13 Mitigating Circumstances
Does not free actor from criminal liability but reduces the
penalty
Based on the diminution of FREEDOM of ACTION,
INTELLIGENCE, INTENT or LESSER PERVERSITY of offender
Ordinary can be offset by aggravating circumstances,
penalty reduced to 1 degree
Privileged cannot be offset by aggravating circumstances,
penalty lowered by 1-2 degrees. (ex. Art 68, 69, 64)
(1) MENTIONED IN PRECEEDING CHAPTER
Art 11 (1-6), Art 12 (3, 4, 6)
Unlawful aggression must be present in Art 11 (1-3)
o 2 of 3 reqs are present, privileged mitigating (Art. 69)
o 1 of 3 reqs are present, ordinary mitigating
(2) UNDER 18, OVER 70 (intelligence)
RA 9344: exempt if acted without discernment
If with discernment, minor shall undergo Diversion Programs
Diversion Programs for children in conflict with the law
o Penalty imposed is less than 6 years imprisonment
o Victimless crimes less than 6 years
o If more than 6 years, diversion will be resorted by court
(3) HAD NO INTENTION TO COMMIT SO GRAVE A WRONG
(intent)
There is an evident disproportion bet means employed to
execute criminal act and its consequences

Criminal Law 1 Midterms Reviewer 2011

Take into consideration: means employed, weapon used,

part of body injured, injury inflicted, manner committed
What is considered is the intention at the moment of crime
(not during planning stage)
Lack of intent to kill not mitigating in physical injuries. Only
when victim dies
Not applicable to felonies with negligence
Applicable only to offenses resulting in physical injuries or
material harm
(4) SUFFICIENT PROVOCATION/THREAT FROM OFFENDED
PARTY (intent/intel)
Provocation must be sufficient / must originate from offended
party / Provocation must be immediate to the act
Adequate enough to excite a person to commit wrong
No interval of time between provocation and crime

(5) IMMEDIATE VINDICATION OF A GRAVE OFFENSE

(voluntariness)
Grave offense be done to the accused or his relatives / Felony
committed in such vindication
Lapse of time allowed (proximate)
Cannot co-exist with passion or obfuscation
Must be directed to the accused
Basis to determine gravity of offense: social standing, place,
time
(6) PASSION OR OBFUSCATION (intelligence & intent)
Accused acted upon an impulse / Impulse must be so powerful
to produce P/O
Loses reason , self-control, will-power
Must arise from lawful sentiments not from a spirit of
lawlessness or out of vengeance
There be an act that is unlawful/improper sufficient to
produce such condition of mind
Such state should not be removed by a considerable length
of time
Exercise of a right not source for P/O
Cannot mitigate a crime which was planned
Cause producing P/O must come from the offended party

JMHRoco

P/O arising from same cause should be treated as one

mitigating circumstance
Vindication of grave offense cannot co-exist with P/O
Compatible with lack of intention to commit so grave a
wrong
(7) VOLUNTARY SURRENDER/CONFESSION (perversity)
Voluntary Surrender: offender had not actually been arrested
/ Offender surrendered himself to a person in authority or his
agents / spontaneous
Acknowledged his guilt or save them the trouble and
expenses in the search/capture
Surrender must be by reason of the crime which accused is
prosecuted
Surrender through an intermediary is mitigating
Voluntary Confession: Spontaneously confessed guilt / Made
in open court / Prior to presentation of evidence for the
prosecution
Not mitigating if please is made after arraignment and after
the trial had begun
Should be made at the first opportunity
Plea of guilty to amended info mitigating
When charged with a grave offense, testimony should be
taken despite plea
(8) DEAF & DUMB, BLIND (freedom of action)
Ex. Armless, cripple, stutterer which are limited in their actions,
defense or communication with their fellow beings
(9) DIMINISHED EXERCISE OF WILL-POWER (intelligence &
intent)
Illness must diminish the exercise of will-power / Illness should
not deprive offender of consciousness of his acts
When offender completely loses control of his acts, it is
exempting
Applies to illness of mind not amounting to insanity
(10) SIMILAR & ANALOGOUS TO ABOVE
Over 60 years ~ par 2
Outraged feeling ~ par 5, 6
Impulse of jealous feeling ~ par 6
Manifestations of Battered Wife Syndrome ~ par 9
Esprit de Corp ~ par 6
Voluntary restitution of stolen property ~ par 7

Criminal Law 1 Midterms Reviewer 2011

Extreme poverty & necessity ~ par 1

Not mitigating using crime of violence such as murder

JMHRoco

Neither exempting nor mitigating when there is mistake of

blow, identity, entrapment, over 18 years, performance of a
righteous action