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Persons and Family Relations

Gabriel Cruz | UP Law | A2021

distrained, seized, or attached, shall be deemed void, and every person by whom
Criminal Law the same is obtained or prosecuted, whether as party or as attorney, and every
- That branch or division of law which defines crimes, treats of their nature, officer concerned in executing it, shall upon conviction, be punished by
and provides for their punishment imprisonment for not more than 3 years and a fine of not exceeding two hundred
pesos in the discretion of the court
* Terms:
1) Crime a generic term that embraces any violation of the RPC, special a.1.2.1. Exceptions
penal laws, and municipal/city ordinances
2) Felony an act or omission violative of the RPC committed either * Citizen/inhabitant of the PH provided:
intentionally or negligently 1) In service of an ambassador
3) Offense an act or omission violative of a special law, i.e. any law other 2) Process is founded upon a debt
than the RPC 3) Debt is contracted before he entered upon such service
4) Misdemeanor a minor infraction of law
* Domestic servants of an ambassador or a public minister, unless:
* Sources of PH Criminal Law 1) Name of the servant has been registered in the DFA
1) RPC (Act, No. 3815) and its amendments 2) Such registration was made before the issuance of the process against the
2) Special Penal Laws servant
3) Penal PDs issued during Martial Law
a.1.3. Principles of Public International Law
1. Characteristics of Criminal Law 1) Sovereigns and other heads of state
2) Charges daffaires
a. General 3) Ambassadors
- Obligatory on those who live and sojourn in PH territory, subject to principles 4) Ministers plenipotentiary
of public international law and to treaty stipulations (Art. 14, NCC) 5) Ministers resident

* The basis for granting diplomatic representatives immunity is par in parem non
a.1. Exceptions habet imperium that all Sates are sovereign equals and cannot assert jurisdiction
over one another
a.1.1. Treaties or Treaty Stipulations * This is not for the benefit of the individual, but for the State, in whose
1) The Bases Agreement between the PH and USA (March 14, 1947 service he is the diplomatic head
September 16, 1991)
2) RP-US Visiting Forces Accord * This does not apply when the public official is being sued in his private and personal
capacity as an ordinary citizen

a.1.2. Laws of Preferential Application * Consuls, vice-consuls, and consular officials do not enjoy the immunity from criminal
prosecution because they merely represent their states commercial, mercantile or
R.A. No. 75 Penalizes acts which would impair the proper observance by the business interest
Republic and its inhabitants of the immunities, rights, and privileges of duly-
accredited foreign diplomatic representatives in the PH b. Territorial
Section 4. Any writ or process issued out or prosecuted by any person in any
court of the Republic of the Philippines, or by any judge or justice, whereby the * Criminal laws undertake to punish crimes committed within the PH territory. Penal
person of any ambassador or public minister of any foreign State, authorized and laws of the PH have force and effect only within its territory
received as such by the President, or any domestic or domestic servant of any such
ambassador or minister is arrested or imprisoned, or his goods or chattels are
Persons and Family Relations
Gabriel Cruz | UP Law | A2021

* Article 1, 1987 Constitution. The national territory comprises the Philippine c.1. Effects of Repeal on Penal Law
archipelago, with all the islands and waters embraced therein, and all other territories
over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
1) If the repeal makes the penalty lighter, the new law shall be applied,
fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the
except when the offender is a habitual delinquent or when the new law is
insular shelves, and other submarine areas. The waters around, between, and
made not applicable to pending action or existing causes of action
connecting the islands of the archipelago, regardless of their breadth and
2) If the repeal makes the penalty heavier, the law in force at the time of the
dimensions, form part of the internal waters of the Philippines.
commission of the crime shall remain
3) If the new law totally repeals the existing law that makes the crime no
b.1. Exceptions longer punishable, the offense ceases to be criminal
1) The RPC shall not be enforced within or outside the PH territories if so
provided under: * The new law which omits anything contained in the old law dealing on the same
a. Treaties subject operates as a repeal of anything not so included in the amendatory act
b. Laws of Preferential Application (Art. 2, RPC and Art. 14, NCC)
2) Art. 2, RPC * Self-repealing law
a. Should commit an offense while on a PH ship or airship * When a law expires and a case is pending under it, the courts lose
b. Should forge or counterfeit any coin or currency note of the PH of jurisdiction to try, convict, and sentence persons charged with the violation of the old
obligations and securities issued by the PH government law prior to the repeal
c. Should be liable for acts connected with the introduction into the
PH of obligations and securities issued by the PH government
c.2. Construction of Penal Laws
d. While being public officers or employees, should commit an
offense in the exercise of their functions
* Penal laws are construed against the Government and favor the accused
e. Should commit any of the crimes against national security and the
* This may be invoked where there is doubt as to the interpretation of the
law of nations, defined in Title 1 of Book 2 of the RPC
ambiguous law

b.2. Jurisdiction over crimes committed within the grounds of an * In construction or interpretation of the RPC, the Spanish text is controlling because it
embassy was approved in its Spanish text

* Embassy grounds are considered extensions of the sovereignty of the country c.3. Limitations on the Power of Congress to Enact Penal Laws
occupying them
* Thus, a crime committed within those grounds shall be subject to PH penal 1) No ex post facto law or bill of attainder shall be enacted (Art. III, Sec 22)
laws, although it may have been committed by a public officer in relation to his a. An ex post facto law is one which:
public duties i. Makes an innocent act, done before the passage of a
law, criminal
ii. Aggravates the crime making it greater that it was when
c. Prospective
committed
iii. Inflict a greater punishment than the one that the law
* Criminal law cannot punish an act that was not punishable at the time of its annexed when committed
commission iv. Alters the rules of evidence
* Except when a new statute dealing with the crime establishes conditions v. Imposes penalty or deprivation of a right for something
more lenient or favorable to the accused, then the statute can be given retroactive lawful when done
effect. This exception does not apply when the new law is expressly made vi. Deprives a person accused of a crime some lawful
inapplicable to pending actions or existing causes of actions or where the offender is protection he is entitled to
a habitual criminal 1. Protection from a former conviction or acquittal
Persons and Family Relations
Gabriel Cruz | UP Law | A2021

2. Or a proclamation of amnesty 1. But silence in any cross-examination shall not


b. A bill of attainder is an act that inflicts punishment without trial prejudice him
i. A substitute of a legislative act for a judicial v. Exempt from being compelled to be a witness against
determination of guilt himself
2) No person shall be held to answer for a criminal offense without due process vi. To confront and cross-examine witnesses against him at
of law the trial (may be waived because it is personal)
a. Constitutional rights of the accused: vii. To have compulsory process issued to secure the
i. Speedy disposition witnesses and production of other evidence
ii. Cannot be held to answer for a criminal offense w/o due viii. To have a speedy, impartial and public trial
process ix. To appeal in all cases allowed and in the manner
iii. All persons before conviction shall be bailable by prescribed by the law
sufficient sureties or be released on recognizance as may
be provided by law 3) It should not impose cruel and unusual punishment nor should it impose
1. Except those charged with offenses punishable excessive fines
by reclusion perpetua 4) It must be general in application and must clearly define the acts and
2. The suspension of the privilege of the write of omissions punished as crimes
habeas corpus does not impair this right
iv. Innocent until proven guilty
v. Cannot be a witness against himself (Sec. 17)
1. The right to remain silent and to have a
competent, independent counsel
a. The State shall provide in the absence
thereof
2. These right cannot be waived unless in writing
and in the presence of counsel
3. No torture, violence, and secret detention
places (Sex. 12[2])
a. Any confession or admission acquired
through these (or Sec. 17) shall be
inadmissible (Sec. 12 [3])
vi. Excessive fines or cruel punishment shall not be imposed
(Sex. 19[1])
vii. No person shall be put twice in jeopardy of punishment
for the same offense (Sec. 21)
viii. Free access to the courts (Sec. 11)
b. Statutory rights of the accused (Sec 1, Rule 115, Revised Rules on
Criminal Procedure):
i. Presumed innocent until proven otherwise
ii. To be informed about the nature and cause of
accusation (may not be waived because it is of public
interest)
iii. To be present and defend in person and counsel at all
stages of the proceedings
iv. To testify as a witness
Persons and Family Relations
Gabriel Cruz | UP Law | A2021

The Revised Penal Code a.1. PH vessel/aircraft

* One which is registered with MARINA or with CAB in accordance with PH laws
* RPC applies when such PH vessel is found within: 1) PH waters; or 2) the
1. Preliminary Title high seas
Article 1, RPC. Time when Act takes effect. This Code shall take effect on the first
* Just as our merchant ship is considered an extension of our territory, a foreigns is
day of January, nineteen hundred and thirty-two
also such. An offense committed on the high seas on board a foreign merchant
vessel is not triable by our courts
2. Applicability of Provisions
a.2. Rules as to Jurisdiction over Crimes Committed in Foreign
Article 2, RPC. 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 Merchant Vessels
within the Philippine Archipelago, including its atmosphere, its interior waters, and
maritime zone, but also outside of its jurisdiction against those who: * French Rule such crimes are not triable in the courts of that country, unless their
1) Should commit an offense while on a Philippine ship or airship commission affects the peace and security of the territory or the safety of the state is
2) Should forge or counterfeit any coin or currency note of the Philippine endangered
Islands or obligations and securities issued by the Government of the
Philippine Islands * English Rule such crimes are triable in that country, unless they merely affect things
3) Should be liable for acts connected with the introduction into these islands within the vessel or they refer to the internal management thereof
of the obligations and securities mentioned in the presiding number * This is what the PH follows
4) While being public officers or employees, should commit an offense in the
exercise of their function French Rule English Rule
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
(Flag or Nationality) (Territoriality or Situs of a Crime)
General Rule
* Instances where the provisions therein are applicable although the felony is Crimes committed aboard a vessel Crimes committed aboard a vessel
committed outside PH territory within the territorial waters of another within the territorial waters of another
1) Extraterritoriality RPC is applicable although outside PH territory country are not triable in the courts of country are triable in that country
2) Exterritoriality a term of international law which signifies the immunity of that country
certain persons who, although in the state, are not amenable to its laws Exception
(e.g. ambassadors, ministers, etc.) When their commission affects the When the crimes merely affect things
3) Intraterritoriality RPC is made applicable within PH territory peace and security of the territory or within the vessel or when they only refer
when the safety of the state is to the internal management thereof
a. While on PH Ship or Airship endangered

* Requisites:
1) The crime must be committed on board a private/merchant ship * A distinction must be made between merchant ships and warships; the former are
2) The ship/airship must be registered in the PH under PH laws more or less subject to the territorial laws, the latter are always reputed to be the
3) The crime must be committed while the registered PH ship is on international territory of the country to which they belong and cannot be subjected to the laws of
waters another state

U.S. v. Bull
Persons and Family Relations
Gabriel Cruz | UP Law | A2021

* If a PH merchant ship is in high seas where no country has jurisdiction, the PH still has 9) Fraud Against Public Treasury and Similar Offenses
jurisdiction. But if it is within a territory of a foreign country, jurisdiction is generally with 10) Malversation of Public Funds/Property
that State because penal laws are primarily territorial in application 11) Possession of Prohibited Interest
* If, however, that country doesnt take cognizance, then pursuant to Art. 2, 12) Corruption
RPC, the PH can assume jurisdiction e. Commit Any of the Crimes Against National Security and the Law
of Nations
* Possession of drugs in a foreign merchant ship in transit is not punishable, usage is;
possession of foreign vessels NOT in transit (docked) is punishable as it can be
considered as illegal importation * Examples:
1) Treason
2) Conspiracy and Proposal to Commit Treason
b. Forge or Counterfeit Any Coin or Currency Note of the PH or
3) Espionage
Obligations and Securities Issued by the Government 4) Inciting to War and Giving Motives for Reprisals
5) Violation of Neutrality
* Forgery is committed by: 6) Correspondence with Hostile Country
1) Giving to a treasury or bank note or any instrument payable to bearer 7) Flight to Enemys Country
2) To order the appearance of a true genuine document 8) Piracy and Mutiny on the High Seas
3) By erasing, substituting, counterfeiting or altering, by any means the figures,
letters, words, or signs contained therein * Sec. 58 of R.A. 9371 (Human Security Act of 2007) provides that the Act shall apply
to individual persons who, although physically outside the PH shall:
* If the forgery was committed abroad, the object of the crime must be a coin, 1) Conspire/plot to commit any of the crimes punished in the act
currency note, or obligations and securities issued by the Government of the PH 2) Commit any of the said crimes on board a PH ship or airship
3) Commit any of said crimes within the embassy, consulate, or diplomatic
c. Introduce into the Country the Above-mentioned Obligations and premises belonging to or occupied by the PH government in an official
Securities capacity
4) Commit said crimes against PH citizens or persons of PH descent where their
* Those who introduce those mentioned above to the PH are also criminally liable citizenship or ethnicity was a factor in the commission of the crimes
even if they werent the ones who counterfeited the same 5) Commit said crimes directly against PH government

* This is because the introduction of such to the PH is as dangerous as forging or * Felonies under this Article shall be cognizable by the proper court where the
counterfeiting the same to the economic interest of the country criminal action was first filed

d. While Being Public Officers/Employees, Should Commit an


People v. Wong Cheng
Offense in the Exercise of Their Functions People v. Look Chow
U.S. v. Ah Sing
* Like: People v. Lol-lo & Saraw
1) Direct Bribery
2) Indirect Bribery
3) Qualified Bribery
4) Failure to Render Accounts
5) Failure to Render Account Before Leaving the Country
6) Illegal Use of Public Funds or Property
7) Failure to Make Delivery of Public Funds or Property
8) Falsification
Persons and Family Relations
Gabriel Cruz | UP Law | A2021

Felonies b. Punishable by the RPC

* Rationale: nullum crimen, nulla poena sine lege there is no crime where there is no
law punishing it
1. Definition * Only acts/omissions punished by the RPC are felonies, those act/omissions
punished by other laws are crimes
Article 3, RPC. 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 c. Classification of Felonies
fault when the wrongful act results from imprudence, negligence, lack of foresight, or
lack of skill c.1. As to the Manner of Commission
* Elements of Felonies (General) * Felonies committed by means of dolo or my culpa are voluntary
1) An act or omission (i.e. there must be external acts) * The only difference between dolo and culpa is the question of the
2) Such must be punsishable by the RPC presence of malice
3) Act is performed/omission is incurred by means of dolo (malice) or culpa
(fault) * Acts executed negligently are voluntary
* Reason:
a) The basis of criminal liability is human free will
a. Act or Omission b) Act/omissions punished by law are always deemed voluntary
unless proven otherwise
c) In dolo, there is intent. In culpa, while intent is absent, the
* Acts
act/omission was done voluntarily
* Any bodily movement that tending to produce effect in the external world
a. The malice present in the former is replaced by
(WON it is produced is immaterial). The possibility of it producing is sufficient
negligence/imprudence in the latter
* Must be external, because internal acts are beyond the sphere of penal
law
* Criminal intent is presumed from the commission of an unlawful act
* Criminal thoughts will never constitute a felony
* But the presumption of criminal intent does not arise from the proof of the
commission of an act which is unlawful
* Defined by the RPC as a felony; or an overt act of that felony (an external act that
is connected directly to the felony to be committed)
* It must be borne in mind that the act from which such presumption springs must be
* Example: Stealing, with the intent to gain, is a felony regardless if you gain
a criminal act
or not
* There is no felony by dolo if there is no Actus non facit reum, nisi mens sit rea (The
* Omission
act of a person does not make him a criminal, unless his mind be criminal)
* Inaction or failure to perform a positive duty which he is bound to do
(there has to be a law that requires him to act)
Intentional Felonies Culpable Felonies
* Examples: Failure to render assistance to a person who he finds in
an uninhabited place wounded or dying is liable for abandonment of Act is malicious Not malicious
persons in danger (Art 275, par. 1); or tax collector who voluntarily fails to Injury caused is unintentional being
issue a receipt is guilty of exaction (Art. 213, par. 2[b]) With deliberate intent incedent of another act performed
without malice
Wrongful cat results from imprudence,
There is an intention to cause injury
negligence, lack of foresight/skill
Persons and Family Relations
Gabriel Cruz | UP Law | A2021

c.1.1. Intentional Felonies (dolo)


c.1.2. Culpable Felonies (culpa)
* Malicious/with deliberate intent to cause injury to another (dolus)
* If the act/omission is penalized by the RPC, he is liable for an intentional * Not malicious/unintentional simply the incident of another act performed without
felony malice, but still punishable (though in a lesser degree)

* Requisites: * Results from imprudence, negligence, lack of foresight/skill


a) He has FREEDOM while doing/not doing an act * Imprudence a deficiency of action (lack of skill); failure to take
a. Submission to an irresistible force to do/not do an act is exempt necessary precaution to prevent injury/damage
from criminal liability * Negligence a deficiency in perception (lack of foresight); failure to pay
b) He must have INTELLIGENCE while doing/not doing an act attention and due diligence in foreseeing injury/damage to be caused
a. Presence of intelligence entails discernment of morality of human
acts * A person who causes an injury w/o intention to cause any evil may be held for
c) He must have INTENT while doing/not doing an act culpable felony
a. Presumption of malice arises from the commission of the act
b. Presupposes the exercise of freedom and the use of intelligence * Reason for punishment:
c. Necessary because: * Use of common sense and exercise due reflection in his acts is mandatory
i. Actus non facit reum nisi mens sit rea the act itself * hese acts are due to culpable abandon
doesnt make the man guilty unless his intentions were so
ii. Actus me invite factus non est meus actus an act done * Requisites:
by me against my will is not my act a) He has FREEDOM while doing/not doing an act
b) He must have INTELLIGENCE while doing/not doing an act
* A voluntary act is a free, intelligent, and intentional act. c) He is IMPRUDENT, NEGLIGENT, or LACKS FORESIGHT/SKILL while doing the act
or omitting to do the act
Distinctions between General Intent and Specific Intent
c.1.2.1. Mistake of Fact
General Criminal Intent Specific Criminal Intent
* It is a misapprehension of fact on the part of the person causing injury to another
An intention to do a wrong An intention to commit a definite act * Such person is not criminally liable as he acted without criminal intent
(Ignorantia facti excusat)
Existence of the intent is not presumed
Presumed to exist from the mere doing of * An honest mistake of fact destroys the presumption of criminal intent which arises
because it is an infredient or element of a
a wrongful act upon commission of a felonious act
crime
* Requisites as a valid defense:
1) That the act done wouldve been lawful had the facts been as the
The burden of proving the existence of accused believed them to be
The burden of proving the absence of 2) That the intention of the accused in performing the act should be lawful
the intent is upon the prosecution, as
intent is upon the accused 3) That the mistake must be without fault or carelessness on the part of the
such, intent is an element of the crime
accused

US v. Ah Chong
People v. Oanis
Persons and Family Relations
Gabriel Cruz | UP Law | A2021

* Defense of Mistake of Fact is not applicable when


1) There is mistake in identity Distinctions between Mala in Se and Mala Prohibita
2) When there is negligence on the part of the accused
3) When the accused committed a culpable felony
Mala in Se Mala Prohibita
a. The essence of honest mistake of fact is lack of intent on the part
of the accused As to nature
Wrong from its very nature Wrong because prohibited by law
c.2. According to Nature Use of good faith as a defense
Good faith is a valid defense; unless the
c.2.1. Mala In Se crime is the result of culpa
Good faith is not a defense

Intent as an element
* Crimes that are wrongful from their nature, immoral
Intent is an element Criminal intent is immaterial
* Those so serious in their effects on society as to call for unanimous condemnation of Degree of accomplishment of the crime
its members The degree of accomplishment of the
The act gives rise to a crime only when
crime is take into account in punishing
* Intent is the basis for criminal liability it is consummated
the offender
As to mitigating and aggravating circumstances
Distinction between intent and motive
Rules on mitigating and aggravating Rules dont apply unless the special
circumstances apply laws provides for it
Intent Motive
The purpose to use a particular means to The reason or moving power which Degree of participation
effect such result impels one to commit an act to a When there is more than one offender,
Degree of participation is generally not
definite result degree of participation is taken into
taken into account
An element of the crime, except in Not an element of the crime account
unintentional felonies As to penalty
Essential in intentional felonies Essential only when the identity of the Penalty is computed on the basis of
perpetrator is in doubt Penalty imposed is the same on all
whether the offender is a principal,
offenders
accomplice, or accessory
* Illustration: the intent is to kill while the motive is jealousy
Laws violated

c.2.2. Mala Prohibita RPC (general rule) Special laws (general rule)
As to stages in execution
* Crimes not inherently evil but punished by special laws whereby criminal intent is not 3 stages: attempted, frustrated,
No stages of execution
necessary, it being sufficient that the offender has the intent to perpetrate the act consummated
prohibited As to persons criminally liable
* Because the act is so injurious to the public welfare that it is the crime itself
3 persons criminally liable: principal,
Generally, only principal is liable
accomplice, and accessory
* The basis for criminal liability is the offenders voluntariness, hence, good faith is not
accepted as a defense, unless this is an element of a crime As to division of penalties
Penalties may be divided into degrees
No division of penalties
and periods
Persons and Family Relations
Gabriel Cruz | UP Law | A2021

* Motive: When Relevant


1) If evidence is merely circumstantial
2) Where the identification of the accused proceeds from an unreliable
source and testimony is inconclusive
3) In ascertaining the truth between 2 antagonistic theories or versions of the
killing
4) Where there are no eyewitnesses to the crime and where suspicion is likely
to fall upon a number of persons
5) When there is doubt as to the identity of the assailant
6) When the act is alleged to be committed in defense of a stranger but it
must not be induced by revenge, resentment or other evil motive
Persons and Family Relations
Gabriel Cruz | UP Law | A2021

* Thus, the person is still criminally liable although the wrongful act done be
different from that which he intended
Criminal Liability
b.1. Error In Personae
Article 4, RPC. Criminal liability. - Criminal liability shall be incurred:
1) By any person committing a felony (delito) although the wrongful act done
* Mistake in the identity of the victim. The penalty is that provided for in Art. 49, RPC,
be different from that which he intended
that is, the penalty for lesser crime in its maximum period
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
* Illustration:
accomplishment or an account of the employment of inadequate or
* A wanted to kill B but accidentally killed his father. A is liable for parricide,
ineffectual means.
the crime which was actually committed. When he fired his gun, he acted with
intent. He is liable for all the direct, logical, and natural consequences of his felonious
1. Result is Different from what was Intended act, whether foreseen, intended, or unintended. The fact that the victim is different
from the one he intended to kill does not exculpate him from criminal liability
El que es causa de la causa es causa del mal causado * Applying Art. 49, RPC, the penalty imposable is penalty for the actual
crime of parricide, but the penalty for the intended crime of homicide because the
a. Requisites penalty for homicide is lesser than the penalty for parricide
1) That an intentional felony has been committed
a. There is no intentional felony when the act or omission is not b.2. Aberratio Ictus
punishable by RPC
b. Act/omission must not be punished by a special law because the
offender violating such may not have the intent to do any injury to * Mistake in the blow (Art. 48 on complex crimes crimes penalty for graver offense in
its maximum period)
another.
2) That the wrong done to the aggrieved party be the direct, natural and
logical consequence of the act committed * Illustration:
* A, with the intent to kill hacked B but hit C instead. He is liable for both his
attempt to kill B and the actual death of C.
b. Proximate Cause * The death of C is the natural consequence of the felonious act of the
attempt to kill B
* That cause which, in the natural and continuous sequence, unbroken by any
efficient intervening cause, produces injury, and without which the result wouldnt b.3. Praeter Inentionem
have occurred

* If the result can be traced back to the original act, then the doer of the original act * Injurious result is greater than that intended
can be held criminally liable
* Illustration:
* A boxed B with the intention of inflicting a lump on B. as a result, B lost his
* The relation of cause and effect consists of:
1) The cause being the felonious act of the offender balance and fell to the ground with his head hitting the pavement, killing him. A is
2) The effect being the resultant injuries and/or death of the victim liable for Homicide

* Any person who creates in another persons mind an immediate sense of danger
which causes the latter to do something resulting in injuries, is liable for the resulting Distinctions between Aberratio Ictus and Error in Personae
injuries
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Gabriel Cruz | UP Law | A2021

Aberratio Ictus Error in Personae


The intended victim and the actual The intended victim may or may not be
victim s both in the scene of the crime in the scene of the crime
2. Impossible Crime
The offender delivers the blow to the The offender delivers the blow not to his
former but because of poor aim lands on intended victim * The purpose for punishing such is to suppress criminal propensity/tendency
the latter
* There is no attempted or frustrated impossible crime. It is always consummated and
Generally gives rise to complex crime There is no complex crime
applies to grave/less grave felonies
unless the resulting consequence is not a
grave or less grave felony
* Penalty for impossible crimes is arresto mayor or a fine ranging from 200-500 pesos
(Art. 59, RPC)
* Death is presumed to be the natural consequence of physical injuries inflicted
when:
1) The victim, at the time the injures were inflicted, was in normal health a. Requisites
2) The death may be expected from the physical injuries inflicted 1) The act performed would be an offense against persons or property
3) The death ensued within a reasonable amount of time 2) The act was done with evil intent
3) Its accomplishment is inherently impossible
* The offended party is not obliged to submit to a surgical operation or medical 4) The act performed should not constitute a violation of another provision of
treatment to relieve the accused from liability the RPC

* The felony committed isnt the proximate cause of the resulting injury when: a.1. Felonies Against Persons
1) There is an active force between the felony committed and the resulting 1) Murder
injury, such active force is distinct from the felony committed 2) Homicide
2) The resulting injury is due to the intentional act of the victim (i.e. fault or 3) Parricide
carelessness of the victim to increase the criminal liability of the assailant) 4) Infanticide
5) Duel
c. Efficient Intervening Cause 6) Rape
7) Abortion
8) Physical injuries
* It is the cause which interrupted the natural flow of events leading to ones death.
This may relieve the offender from liability
a.2. Felonies Against Property
* The following are not efficient intervening causes: 1) Brigandage
1) The weak or diseased physical condition of the victim 2) Robbery
2) The nervousness or temperament of the victim 3) Usurpation
3) Causes which are inherent in the victim 4) Culpable Insolvency
4) Neglect of the victim or third person (i.e. refusal of medical assistance) 5) Theft
5) Erroneous or unskilled medical or surgical treatment 6) Swindling and other deceits
7) Chattel Mortgage
* A supervening event can still be the subject of amendment or of a new charge 8) Arson and other crimes involving destruction
without necessarily placing the accused in double jeopardy 9) Malicious Mischief

People v. Iligan
People v. Mananquil
U.S. v. Brobst
Persons and Family Relations
Gabriel Cruz | UP Law | A2021

b. Inherent Impossibility

* The act performed by the offender cannot produce offense against


persons/property because:
1) It is inherently impossible of accomplishment
2) The means employed is either:
a. Inadequate
b. Ineffectual

* There must either be legal impossibility or physical/factual impossibility

b.1. Legal Impossibility

* Where the intended acts, even if completed, would not amount to a crime

Intod v. CA

b.2. Physical/Factual Impossibility

* When extraneous circumstances unknown to the actor or beyond his control


prevent the consummation of the intended crime

People v. Balmores
People v. Domasian
Persons and Family Relations
Gabriel Cruz | UP Law | A2021

* If between those two points the offender is stopped by reason of any


Stages of Execution cause outside his own voluntary desistance, the subjective phase has not been
passed and it is an attempt
* Consummated Felony * If he is not so stopped but continues until he performs the last act, it is
* When all the elements necessary for its execution and accomplishment frustrated
are present
a. Attempted Stage
* Frustrated Felony
* When the offender performs all the acts of execution which would * Marks the commencement of the subjective phase
produce the felony as a consequence, but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator * Elements:
1) The offender commences the commission of the felony directly by overt
* Attempted Felony acts
* When the offender commences the commission of a felony directly by 2) He doesnt perform all the acts of execution
overt acts, and does not perform all the acts of execution which would produce the 3) The non-performance of all the acts of execution was due to a
felony as a consequence but does not produce it by reason of some cause or cause/accident other than his own spontaneous desistance
accident other than his own spontaneous desistance

* Formal Crimes/Crimes of Effect


* Felonies which by a single act of the accused consummates the offense
as a matter of law
* There can be no attempt at a formal crime because between the though
and the deed, there is no chain of acts that can be severed by any link its either
theres a crime or not at all

* Material crimes those crimes that involve the 3 stages of execution


* These stages do not apply to crimes punished by special laws unless the
same provided for, crimes by omission, and formal crimes

1. Development of a Crime
* Internal acts
* Mere thought or ideas in the mind of person; not punishable

* External acts
* Preparatory Acts not ordinarily punished except when considered by law
as independent crimes
* Acts of Execution punishable under the RPC

* Subjective Phase
* That portion of the acts constituting the crime, starting from the point
where the offender begins the commission of the crime to the point where he has still
control over his acts (including their natural course)
Persons and Family Relations
Gabriel Cruz | UP Law | A2021