CRIMINAL LAW branch or division of law which defines crimes, treats of their nature and provides for their

r punishment As distinguished from criminal procedure, which is the rules of procedure governing rights and obligations enforceable under criminal laws CRIME an act committed or omitted in violation of a public law forbidding or commanding it SOURCES OF PHILIPPINE CRIMINAL LAWS 1. Revised Penal Code (Act No. 3815) generally punishes crimes which are mala in se (wrongful from nature) 2. Special Penal Laws generally punishes crimes which are mala prohibita (wrongful because the law explicitly prohibits such acts) Unless there be a particular provision in the penal code or special penal law that defines and punishes such act, even if it be socially or morally wrong, no criminal liability is incurred by its commission Court decisions are NOT sources of criminal law, because they only apply the law as enacted by the legislature LIMITATIONS ON THE LEGISLATURES POWER TO ENACT PENAL LEGISLATION 1. No ex post facto law or bill of attainder shall be enacted (Art. III, Sec. 22 of the 1987 Constitution) Ex post facto law (MACADI) Makes criminal an act before the passage of the law which punishes it Aggravates a crime when committed Changes the punishment and inflicts a greater punishment than the law has imposed Alters the legal rules of evidence Deprives a person accused of a crime some lawful protection to which he has become entitled Imposes penalty or deprivation of a right for something which was lawful when done Bill of attainder a legislative act which inflicts punishment without trial -- violative of the due process clause (Article III, Sec. 4 of the 1987 Constitution) RIGHTS OF THE ACCUSED 1. Constitutional (DIBS--FEDS) Due process Presumption of innocence Right to bail Speedy disposition of cases Free access to the courts/legal assistance

2.

Right to non--excessive fines Right against double jeopardy Right against self--incrimination Statutory (CASTED--CII) Confront and cross--examine witnesses against him at the trial Appeal in all cases allowed, in the manner prescribed by law Speedy, impartial, public trial Testify as a witness in his own behalf, or to keep silent Exemption from being compelled to be a witness against himself Defend and present in person and by counsel at every stage of the proceedings Compulsory process to secure the attendance of witnesses/production of evidence in his behalf (can be waived because it is a personal right) Innocent until the contrary is proved beyond reasonable doubt Informed of the nature and cause of accusation (cannot be waived because it involves public interest)

CHARACTERISTICS OF CRIMINAL LAW 1. General binding on all persons who live or sojourn in Philippine territory, regardless of the nationality of the offender Exceptions Heads of states and diplomatic representatives When the military court takes cognizance of the service--oriented case involving a person subject to military law o Exception to the exception: when the President, in the interest of justice, order such crimes to be tried by civil courts Treaties and laws of preferential application o Military Bases Agreement between USA and Philippines offenses committed within any US base in the Philippines; offenses committed by US armed force member outside the base but against another member; offenses committed by any US armed force member outside the base but against the security of the USA o RA 75 any ambassador or public minister authorized and received as such by the President; any domestic or domestic servant of any such ambassador or minister

Not applicable to Filipino citizen/inhabitant who is in the service of such ambassador unless registered in the DFA Not applicable when foreign country does not provide similar protection to Philippine diplomatic representatives o Public International Law sovereigns and other chiefs of state; ambassadors; ministers plenipotentiary; ministers resident; charges daffaires 2. Territorial punish crimes committed within Philippine territory Exception: Article 2 3. Prospective cannot make an act punishable in a manner in which it was not punishable when committed Exception: when new stature dealing with the crime establishes conditions more favorable to the accused Exception to the exception o New law is expressly made inapplicable to pending actions or existing causes of action o Offender is a habitual criminal under Article 22 Effects of repeal of penal law If the repeal makes the penalty lighter in the new law, such new law shall be applied If the repeal makes the penalty heavier, repealed law shall be applied If the repeal is absolute, the crime is obliterated If the repealing law penalizes the same offense, offender can be tried under either law, depending on favorability and applicability CONSTRUCTION OF PENAL LAWS Strictly construed against the Government and liberally in favor of the accused, ONLY when the law is ambiguous Spanish text is controlling because the RPC was approved by the Legislature in its Spanish text REVISED PENAL CODE 1. Book One basic principles affecting criminal liability (Articles 1--20); provisions on penalties including criminal and civil liability (Articles 21--113) 2. Book Two defined felonies with the corresponding penalties, classified and

grouped under fourteen different titles (Articles 114--364) ARTICLE 1 TWO THEORIES IN CRIMINAL LAW 1. Classical Theory Basis of criminal liability is human free will and the purpose of the penalty is retribution Man is essentially a moral creature with an absolutely free will to choose between good and evil Mechanical and direct proportion between crime and penalty Scant regard to the human element 2. Positivist Theory Man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong Crime is essentially a social and natural phenomenon, and thus should be treated through the enforcement of individual measures in each particular case ARTICLE 2 RPC shall be enforced not only within the Philippine Archipelago, but also outside of its jurisdiction when such acts affect the political or economic life of the nation

EXCEPTIONS TO THE TERRITORIALITY CHARACTERISTIC 1. Offender commits an offense while on a Philippine ship or airship Considered part of national territory Registration in the Philippine Bureau of Customs, not the citizenship of its owner, which makes it a Philippine vessel Not applicable to crimes committed on the high seas on board a vessel not registered in the Philippines Continuing crimes committed on board a foreign merchant vessel which sailed to the Philippines, is triable in the Philippines, provided that the forbidden conditions existed when the ship was within territorial waters 2. Offender forges or counterfeits any coin or currency note of the Philippines or obligations and securities issued by the Government Even if such crime is executed and accomplished in a foreign country 3. Offender introduces (or performs acts connected thereto) such obligations and securities into the Philippines

Such introduction is equally as dangerous to the economical interest of the country 4. Offender, while being a public officer or employee, commits an offense in the exercise of his function Direct bribery; frauds against the public treasury; malversation of public funds or property 5. Offender commits a crime against national security and the law of nations Treason; espionage; violation of neutrality RULES AS TO JURISDICTION/COGNIZANCE OF CASES RTC where the charge is first filed RTC has original jurisdiction over all crimes and offenses committed on the high seas or beyond the jurisdiction of any country on board a ship or warcraft of any kind registered or licensed in the Philippines in accordance with its laws French Rule crimes committed aboard merchant vessels while in the territorial waters of another country are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered English Rule -- crimes committed aboard merchant vessels while in the territorial waters of another country are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof KEY WORDS: 1. Except as provided in the treaties and laws of preferential application See page 2 2. its atmosphere Air space which covers the territory, subject to right of way in favor of foreign aircrafts Ground until before outer space 3. interior waters Includes creeks, rivers lakes and bays, gulfs, straits, coves, inlets and roadsteads within the three--mile limit 4. maritime zone Three miles from the coastline, starting from the low water mark Includes bays, gulfs, adjacent parts of the sea whose width at their entrance is < 12 miles, and all straits of < 6 miles wide Straits with > 6 miles width, considered as open sea ARTICLE 3 FELONIES acts and omissions punishable by the RPC

Elements: 1. Act or omission 2. Act or omission is punishable by the RPC 3. Act is performed / Omission is incurred by means of deceit or fault KEY WORDS: 1. act Any bodily movement tending to produce some effect in the external world, which is defined by the RPC as one which constitutes a felony Overt act 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 A criminal thought or a mere intention, no matter how immoral or improper it may be, will never constitute a felony 2. omission Inaction, or the failure to perform a positive duty required by law 3. punishable by law punished by the RPC and not by a special law CLASSIFICATION OF FELONIES 1. Intentional felonies Act or omission of the offender is malicious Act is performed with deliberate and criminal intent o Actus non facit reum nisi mens sit rea the act itself does not make a man guilty unless his intentions were so o Actus me invite factus non est meus actus an act done by me against my will is not my act The offender has the intention to cause an injury to another o Absence of criminal intent is a defense Requisites of felonies by dolo or malice 1. Freedom without this, the person is merely a tool used for the commission of the crime 2. Intelligence power necessary to determine the morality of the act 3. Intent presumed from the proof of the commission of an unlawful act Mistake of fact a misapprehension of fact on the part of the person who caused injury to another;

not criminally liable because he did not act with criminal intent Requisites: o The act done would have been lawful had the facts been as the accused believed them to be o The intention of the accused in performing the act is lawful o The mistake was without fault or carelessness on the part of the accused 2. Culpable felonies Act or omission of the offender is not malicious Injury caused is unintentional, since such injury results from imprudence, negligence, lack of foresight, lack of skill Punished because it is mans duty to be cautious, careful and prudent, if not from instinct, then through fear of incurring punishment Consists in voluntarily, although without malice, to do or fail to do an act which would result in material damage Requisites of felonies by culpa or fault 1. Freedom without this, the person is merely a tool used for the commission of the crime 2. Intelligence power necessary to determine the morality of the act 3. Imprudence/Negligence/Lack of foresight/Lack of skill presumed from the proof of the commission of an unlawful act Imprudence deficiency of action, usually involving lack of skill Negligence deficiency of perception, usually involving lack of foresight VOLUNTARINESS OF ACT OR OMISSION 1. Under the Classical Theory, which is the basis of RPC, criminal liability stems from free will 2. Man is a rational being, unless he proves that his act or omission is not voluntary 3. The act performed or the omission incurred is voluntary, as can be gleaned from the deliberate intent or the failure to do the act required by law MOTIVE Moving power which impels one to action for a definite result Not an essential element of a crime, so it need not be proved for purposes of conviction o Exceptions:

1. When there is doubt as to the identity of the assailant 2. When ascertaining the truth between two antagonistic theories or versions of the killing 3. When the evidence is merely circumstantial Established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offense May be an aid in showing the innocence of the accused THIRD CLASS OF CRIMES Those defined and penalized by special laws, which include crimes punished by municipal or city ordinances Intent to commit crime is not necessary to be punishable o The doing of the prohibited act is the crime itself o Commission is criminal without regard to the intent of the doer o The evil to society and to the Government does not depend upon the state of mind of the perpetrator, but upon the effect which his act has upon the public mind Good faith and absence of criminal intent not valid defenses o Unless, in view of the facts and circumstances, the court has considered that the absence of intent to violate the special laws to be in favor of the accused ARTICLE 4 No reference to the manner (dolo or culpa) of incurring criminal liability

Paragraph 1 One who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen or intended or not El que es causa de la causa es causa del mal causado he who is the cause of the cause is the cause of the evil caused The felony committed must be the proximate cause of the resulting injury o 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 KEY WORDS: 1. committing a felony By means of dolo because paragraph 1 speaks of wrongful acts done different from that which he intended No felony when 1) the act or omission is not punishable by the RPC; or 2) when the act is covered by any of the justifying circumstances enumerated in Article 11 2. although the wrongful act done be different from that which he intended error in personae mistake in the identity of the person aberration ictus mistake in the blow praeter intentionem injurious result is greater than that intended REQUISITES: 1. An intentional felony has been committed 2. The wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender INTERVENING CAUSES When an active force, which is a distinct act or fact absolutely foreign from the felonious act of the accused, intervened between the felony committed and the resulting injury When the resulting injury is due to the intentional act of the victim o Fault or carelessness must originate from his malicious act or omission Inefficient intervening causes: o The weak or diseased physical condition of the victim (e.g. tuberculosis, heart disease) o The nervousness or temperament in the victim o Causes which are inherent in the victim o Neglect of the victim or third person o Erroneous or unskillful medical assistance or surgical treatment May be the subject of amendment of original information or of a new charge against the accused o Does not place the accused in double jeopardy DEATH AS NATURAL CONSEQUENCE OF PHYSICAL INJURIES INFLICTED 1. That the victim at the time the physical injuries were inflicted was in normal health 2. That death may be expected from the physical injuries inflicted 3. That death ensued within a reason time after infliction of injuries

Paragraph 2 IMPOSSIBLE CRIMES Indicative of criminal propensity or criminal tendency on the part of the actor o Objectively, the offender has not committed a felony o Subjectively, he is a criminal Although an impossible attempt, it is still a crime because it is punishable under Article 59 of the RPC There is no attempted stage, because the offender has already performed all the acts for the execution of the same There is no frustrated stage because the acts performed by the offender are considered as constituting a consummated offense Requisites (Offense is Evil, but Impossible Violation): o That the act performed would be an offense against persons or property o That the act was done with evil intent o That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual o That the act performed should not constitute a violation of another provision of the RPC KEY WORDS: 1. performing an act which would be an offense against persons or property felony should not actually be committed, otherwise, he shall be liable for that felony Felonies against persons (DRAMP HIP): o Duel (Article 260 & 261) o Rape (Article 266--A) o Abortion (Article 256, 257, 258, & 259) o Murder (Article 248) o Parricide (Article 246) o Homicide (Article 249) o Infanticide (Article 255) o Physical injuries (Article 262, 263, 264, 265 & 266) Felonies against property (SCUMBRAT): o Swindling and other deceits (Article 315, 316, 317 & 318) o Culpable insolvency (Article 314) o Usurpation (Article 312 & 313) o Malicious mischief (Article 327, 328, 329, 330 & 331) o Brigandage (Article 306 & 307) o Robbery (Article 294, 297, 298, 299, 300, 302 & 303)

Arson and other crimes involving destruction (Article 320, 321, 322, 323, 324, 325 & 326) o Theft (Article 308, 310 & 311) 2. inherent impossibility of its accomplishment Act intended by the offender is by its nature one of impossible accomplishment Legal impossibility - occurs when an essential element of a crime is not present during its co m m i ssi o n m a k i n g i t im p o s s ib l e o f ac c om p l i s h m e n t Physical impossibility - occurs when extraneous circumstances to the perpetrator prevent the commission of the intended crime PENALTY (ARTICLE 59) Ar r e s t o M a y o r o r a f i n e f r o m 2 0 0 t o 500 p e s os o ARTICLE 5 Paragraph 1 Contemplates a trial of a criminal case Nullen crimen, nullen poena sine lege there is no crime if there is no law that punishes the act REQUISITES: 1. Act committed by the accused appears not punishable by any law 2. The court deems it proper to repress such act 3. The court must render the proper decision by dismissing the case and acquitting the accused 4. The judge must report to the Chief Executive, through the Secretary of Justice, the reasons which induce him to believe that such act should be made subject of penal legislation Paragraph 2 Courts have the duty to apply the penalty provided by law Courts should interpret and apply the laws as they find them on statute books, regardless of the manner their juidgments are executed and implemented by the executive department Courts should not apply laws only when they are in disharmony with the Constitution Any deviation from a principle laid down by the law would unavoidably cause, as a sequel, unnecessary inconveniences, delays and expenses to the litigants Dura lex sed lex the law is harsh, but it is the law

No application to offenses defined and penalized by special laws o Article 5 specifically mentions that the applicability is limited to the provisions of the RPC o Article 5 applies only to acts mala in se because of the phrase taking into consideration the degree of malice REQUISITES: 1. The court, after trial, finds the accused guilty 2. The penalty provided by law, which is imposed by the court for the crime committed, appears to be clearly excessive a. Accused acted with lesser degree of malice, and/or b. There is no injury or the injury caused is of lesser gravity 3. The court should not suspend the execution of the sentence 4. The judge should submit a statement to the Chief Executive, through the Secretary of Justice, recommending executive clemency ARTICLE 6 In determining whether the felony is only attempted, frustrated or consummated, the following must be considered: 1. The nature of the offense 2. The elements constituting the felony 3. The manner of committing the felony MANNER OF COMMITTING CRIMES: 1. Formal crimes consummated in one instant, no attempt Between the thought and the deed, there Is no chain of acts that can be severed in any link 2. Crimes consummated by mere attempt or proposal or by overt act Flight to enemys country (Article 121) mere attempt is a consummated felony Corruption of minors (Article 340) mere proposal to the minor, in order to satisfy the offense will consummate the offense 3. Felony by omission No attempted stage because the offender does not execute acts The offender omits to perform an act required by law 4. Crimes requiring the intervention of two persons to commit them Consummated by mere agreement The offer made by one to the other constitutes attempted felony, if the offer is rejected 5. Material crimes

Three stages of execution E.g. Rape, homicide, murder

CONSUMMATED FELONY all the elements necessary for its accomplishment and execution are present Every crime has its own elements which must all be present to constitute a culpable violation of a precept of law FRUSTRATED FELONY offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it be reason of causes independent of the will of the perpetrator Offender has reached the objective phase of the offense There is no intervention of a foreign or extraneous cause or agency between the beginning of the consummation of the crime and the moment when all of the acts have been performed which should result in the consummated crime Mortal wound has been inflicted Elements: 1. The offender performs all the acts of execution 2. All the acts performed would produce the felony as a result 3. The felony is not produced 4. By reason of causes independent of the will of the perpetrator KEY WORDS: 1. perform all the acts of execution Nothing more is left to be done by the offender, because he has performed the last act necessary to produce the crime 2. would produce the felony as a consequence All the acts of execution performed by the offender could have produced the felony 3. do not produce it if the felony is produced, it would be consummated 4. independent of the will of the perpetrator May be the intervention of third persons who prevented the consummation of the offense 5. by reason of causes independent of the will of the perpetrator Fourth element o f frustrated felonies No frustrated felony if crime is not produced due to the offenders own will ATTEMPTED FELONY offender commences the commission of the 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 Offender never passes the subjective phase of the offense o Subjective Phase 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 still has control over his acts, including their natural course No mortal wound inflicted on the victim Elements: 1. The offender commences the commission of the felony directly by overt acts 2. He does not perform all the acts of execution which should produce the felony 3. The offenders act is not stopped by his own spontaneous desistance 4. The non--performance of all acts of execution was due to cause or accident, other than his own spontaneous desistance KEY WORDS: 1. commences the commission of a felony directly by overt acts External acts which have direct connection with the crime intended to be committed May not be a physical activity (e.g. proposal in making an offer of money to a public officer for the purpose of corrupting him) Overt acts leading to the commission of the offense are not punishable UNLESS they are aimed directly at its execution Only offenders who personally execute the commission of a crime can be guilty of attempted felony 2. does not perform all the acts of execution There is still something left for him to do 3. other than his own spontaneous desistance If actor does not perform all the acts of execution because of his own spontaneous desistance, there is no attempted felony o Desistance may be through fear or remorse o The RPC only requires the discontinuance of the crime, which comes from the person who has begun it, using his own free will DEVELOPMENT OF CRIME 1. Internal acts Mere ideas which are not punishable 2. External acts

Preparatory acts ordinarily NOT punishable, except when the law considers them as independent crimes o Generally, they do not constitute even the first stage of the acts of execution of the crime o Do not have direct connection with the crime which the offender intends to commit Acts of execution punishable under the RPC ARTICLE 7

LIGHT FELONIES Those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided (Article 9) Light felonies punished in the RPC (TAMIS): o Theft (Article 309, pars. 7 & 8) o Alteration of boundary marks (Article 313) o Malicious mischief (Article 328, par. 3; Article 329, par. 3) o Intriguing against honor (Article 364) o Slight physical injuries (Article 266) KEY WORDS: 1. with the exception of those committed against persons or property General rule: light felonies are only punishable when they have been consummated o Light felonies produce such insignificant moral and material injuries that public conscience is satisfied with providing a light penalty for their consummation o If not consummated, the wrong done is so slight that there is no need of providing a penalty at all Exception: those committed against persons or property o The commission of such felonies presupposes moral depravity in the offender ARTICLE 8 The crimes in which conspiracy and proposal are punishable are against the security of the State or economic security In crimes against the external and internal security of the State, if the culprit succeeds in his criminal enterprise, he would obtain the power and therefore impunity for the crime committed

CONSPIRACY when two or more persons come to an agreement concerning the commission of a felony and decide to commit it An agreement to commit a crime is a reprehensible act from the viewpoint of morality, but as long as the conspirators do not perform overt acts in furtherance of their malevolent design, the sovereignty of the State is not outraged and the tranquility of the public remains undisturbed When conspiracy is only a manner of incurring criminal liability, it is not punishable as a separate offense Direct proof is not essential to establish conspiracy o Conspiracy can be presumed from and proven by acts of the accused themselves when the said acts point to a joint purpose and design, concerted action and community of interests Conspiracy renders all the conspirators as co--principals regardless of the extent and character of their participation o The act of one is the act of all Period of time to afford opportunity for meditation and reflection is not required in conspiracy o Express or implied assent to commit the felony gives rise to conspiracy REQUISITES (Two Concerned Execution): 1. That two or more persons come to an agreement Presupposes meeting of the minds 2. That the agreement concerned the commission of a felony It must be an agreement to act/bring about what has already been conceived and determined 3. That the execution of the felony be decided upon The conspirators have made up their minds to commit the crime KEY WORDS: 1. Conspiracy and proposal to commit felony Two different acts or felonies o Conspiracy to commit a felony o Proposal to commit a felony 2. only in the cases in which the law specially provides a penalty therefor Mere conspiracy or proposal is not a felony unless there is a specific provision in the RPC which provides a penalty for such act o Conspiracy and proposal are only preparatory acts, and the law regards them as innocent or

permissible except in rare and exceptional cases o Conspiracy and proposal should not actually be committed o If committed, they will be held liable for such offense, and not merely for the conspiracy to commit such felony INIDCATIONS OF CONSPIRACY Acts of two persons (although apparently independent) which are evidently concerted and cooperative Common design - unity of purpose and unity in the execution of the unlawful acts QUANTUM OF PROOF REQUIRED Elements must be proven beyond reasonable doubt o Evidence of actual cooperation rather than mere cognizance or approval of an illegal act is required Positive and conclusive evidence required o Mere presence at the scene of the crime and relationship to the accused are insufficient to establish conspiracy Direct proof is not essential to establish conspiracy o Conspiracy can be presumed from and proven by acts of the accused themselves when the said acts point to a joint purpose and design, concerted action and community of interests PROPOSAL The law does not require that the proposal be accepted by the person to whom the proposal is made o If accepted, the one who proposed and the one who accepted are liable for conspiracy REQUISITES: 1. That a person has decided to commit a felony 2. That he proposes its execution to some other person or persons PROPOSAL DOES NOT EXIST When the person who proposes is not determined to commit the felony When there is no decided, concrete and formal proposal When it is not the execution of a felony that is proposed ARTICLE 9 The gravity of the felonies is determined by the penalties attached to them by law

KEY WORDS: 1. to which the law attaches the capital punishment Death penalty 2. or penalties which in any of their periods are afflictive The highest penalty for the offense, when there are two or more distinct penalties imposed for the felony, must be an afflictive penalty The highest period of the penalty for the offense, when there two or more periods, must be that of an afflictive 3. penalties which in their maximum period are correctional The highest penalty for the offense, when there are two or more distinct penalties imposed for the felony, must be an correctional penalty 4. the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided When the RPC provides a fine of exactly 200 pesos for the commission of a felony, it is a light felony o Although Article 26 provides that a fine not less than 200 pesos is a correctional penalty, Article 9 should prevail because the latter specifically classifies felonies according to their gravity ARTICLE 10 Special laws are controlling with regard to offenses therein specially punished o Special legal provisions prevail over general ones RPC provisions on penalties cannot be applied to offenses punishable under special laws o Special laws do not provide for a scale of penalties which contain three periods, intended for attending circumstances of the crime Special laws amending the RPC are subject to its provisions

KEY WORDS: 1. special laws A penal law which punishes an act not defined in the RPC A statute enacted by the Legislature, penal in character, which is not an amendment of the RPC 2. supplementary Supplying what is lacking

The RPC can be complementary to special laws 3. unless the latter should specially provide the contrary Exception to the RPCs supplemental nature should be expressly stated in the special law

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