Saint Ferdinand College

College of Criminology
City of Ilagan, Isabela

EXPANDED TERTIARY EDUCATION EQUIVALENCY AND ACCREDITATION

PROGRAM (ETEEAP)

MODULE IN CRIMINAL LAW BOOK 1

(CRIMINAL JURISPRUDENCE)

Presented in these document are outline of course topic references that serves as
study guide in answering practical or situational case analysis provided in the three
learning modules.

The learning modules are found in the “Compilation One: A Compiled ETEEAP
Materials in Criminal Jurisprudence, Procedure and Evidence ...” as the main reference.

Competencies : The ETEEAP Beneficiary shall be able to:

1. Know the concept and characteristics of criminal law and criminal liability
2. Define felonies and determine stages of execution
3. Determine circumstances affecting criminal liability and identifying persons liable for
felonies
4. Know the concept of penalties and extinction and concept of criminal and civil
liabilities
5. Know the special criminal statutes

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 Criminal Law, Book I

Course Topic Reference

MODULE I

GENERAL PROVISIONS OF THE REVISED PENAL CODE

PART 1

Classifications of Felonies:
1. According to manner or mode of execution: (Art. 3)
2. According to Gravity: (Art. 9)
3. According to stage of execution: (Art. 6)
4. How to Properly Determine the Stage of Execution:

PART II

Incurrence of Criminal Liability:

Article 4 of the Revised Penal Code provides how criminal liability shall be incurred
Conspiracy and Proposal to commit a Felony

QUESTIONNAIRE FOR MODULE I

1. “A” saw “B” lying down whom he thought was only sleeping. With intent to kill,
“A” shot “B” for three consecutive times using a .45 caliber firearm. It turned out
that “B” was dead an hour ago due to a snake bite.

Under existing laws, “A” cannot be held liable for the death of “B” (murder)
obviously because “B” was already dead at the time “A” intended to kill him.

Question:
As a police officer what criminal charge are you going to file against “A”
taking into account his unlawful actuation showing the propensity to be a criminal
were it not for the impossibility of its accomplishment? Explain.

As a police officer taking into account the unlawful actuation of “A”

showing the propensity to be a criminal, I would file a charge of impossible crime to
commit murder against “A”. Under article 4, paragraph 2 of the RPC, impossible
crime is committed when the act performed by the offender cannot produce an
offense against person or property because:
1. The commission of the offense is inherently impossible of
accomplishment;
2. The means employed is either:
a. Inadequate
b. Ineffectual
Since the act of “A” cannot produce an offense against person because “B”
was already dead at the time “A” shot “B”, “B” committed the impossible crime of
murder.

2. “A”, “B” and C” conspired to rape “X”. For one week the three (3) tried to observe
“X” in order to discover her schedules. They came to learn that she goes home very
10:00 PM all alone passing through a dark alley. One night, the three decided to wait
for “X” to pass by in order to proceed with their plan to rape her. While waiting

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 however they brought with them a bottle of wine. The three got drank reason for
which they were not able to realize their plan.

Question:
Did they commit any crime? Justify your answer by explaining the concept of
conspiracy and proposal.

As a rule conspiracy to commit felony is punishable only in the cases in

which the law specially provides a penalty.
Conspiracy exists when two or more person come to an agreement
concerning the commission of a felony and decide to commit it. On the other hand,
there is proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons.
In the case at bar, although conspiracy to commit rape is present, the facts
confirmed that the plan was not able to realize because the three got drunk. And
since there is no specific law penalizing conspiracy to commit rape, “A”,”B” and
“C” committed no crime.

3. Explain how to determine the frustrated and attempted stage of the following
crimes:

a. Murder
For 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.
In other words, when the offender commences the execution of murder by
overt acts and does not perform all the acts of execution which would produce
murder by reason of some cause or accident other than his own spontaneous
desistance.
Example: “A” with the intention to kill shot “B” for five consecutive times
using .357 caliber but “B” was not hit therefrom. Hence, the crime committed is
attempted murder.

For 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.
In other words, when the offender performs all the acts of execution by overt
acts which would produce murder but do not produce it by reason of causes
independent of the will of the perpetrator. Thus, when the offender fails to kill the
victim by reason of some causes independent of the will of the perpetrator.
Example: “A” with the intention to kill shot “B” for five consecutive times
using .357 caliber. “B” sustain serious wounds that without timely medical attention
the wounds inflicted would be fatal and enough to cause “B” to die. Hence, the
crime committed is frustrated murder.

b. Robbery with force upon things

For 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.
In other words, when the offender commences the execution of robbery by
overt acts and does not perform all the acts of execution which would produce

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robbery by reason of some cause or accident other than his own spontaneous
desistance.
Example: “A”, ”B” and “C” with the intention to robbed the canteen,
commences the execution by overt act, while inside the canteen and declared their
intention, not knowing that it was a PNP canteen where the police officers used to
eat. The three (3) got apprehended without taking any valuable items and money
from the canteen. Hence, the crime committed is attempted robbery with force upon
things.

For Frustrated:

There is no Frustrated Robbery because the crime is complete from the

moment the offender gains possession of the thing. Therefore, upon possession of
the thing the crime of robbery is consummated.

c. Theft
For 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.
In other words, when the offender commences the execution of theft by overt
acts and does not perform all the acts of execution which would produce theft by
reason of some cause or accident other than his own spontaneous desistance.
Example: “A” inside the house of “B” with intent to gain, when he saw the
cabinet he open the drawer but “B” caught “A” and run. Attempted theft is
committed.

For Frustrated:

There is no Frustrated Theft because the crime is complete from the moment
the offender gains possession of the thing. Therefore, upon possession of the thing
the crime of theft is consummated.

d. Rape
For 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.
In other words, when the offender commences the execution of rape by overt
acts and does not perform all the acts of execution which would produce rape by
reason of some cause or accident other than his own spontaneous desistance.
Example: “A” with the intention to Rape “B” poke the neck of “B” but in the
course of the execution “B” fight and able to run and escape from “A”. Attempted
rape is committed.

For Frustrated:

There is no Frustrated Rape, since the gravamen of the offense is carnal

knowledge, hence no matter how slight is the penetration, the felony is
consummated.

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 Criminal Law, Book I

Course Topic Reference

MODULE II

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

There are five circumstances affecting criminal liability. These are:

1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances

QUESTIONNAIRE FOR MODULE II

Problems:

1. “X” was found dead with both hands tied on a pole. His body sustained 14 stab
wounds and 24 incised wounds. The suspect is no other than “Y”, the brother of
“X”. “Y” is an ex-convict having been imprisoned for 8 years for a crime of
Homicide. Investigation further disclose that a week ago, “Y” deliberately planned
how to kill his brother and that on the night he executed his plan, he purposely
drank wine to make himself brave.

With the foregoing facts, enumerate all the possible circumstances that
aggravated the crime committed by “Y”. Explain.

With the foregoing facts, the following are the possible circumstances that
aggravated the crime committed by “Y”:
1. Reiteracion. “Y” has been previously punished for a crime of homicide
which the law attaches an equal or greater penalty.
2. Evident Premeditation. The act was committed with evident
premeditation of which “Y” deliberately planned how to kill his brother.
3. The act was committed with the advantage or the use of a means was
employed to weaken the defense of “X” wherein “X” both hands tied on
a pole.
4. Ignominy. The circumstances brought about add ignominy to the natural
effects of killing wherein “X” sustain 14 stab wounds and 24 incised
wounds.

2. “A” killed “B”, thereafter, “A” voluntarily surrendered to the PNP. Upon his
surrender, he explained that he indeed killed “B” but it was in defense of a relative.
He explained that “B” attacked his brother thus he was forced to kill him to defend
his brother.

With the foregoing allegations of “A”, will you still file a case against him?
Explain your answer.

Yes. It is a cardinal principle in case the accused admits the commission of

the crime in self-defense, to prove clearly and convincingly the elements that of
self-defense. Therefore, it is incumbent to “A” to prove by clear and convincing
evidence that he acted in self-defense during trial. Hence, the case will file against
“A”.

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 Criminal Law, Book I

Course Topic Reference

MODULE III

PERSONS CRIMINALLY LIABLE FOR FELONIES

Persons Criminally Liable:

I. The Principals
II. The Accomplices
III. The Accessories

QUESTIONNAIRE FOR MODULE III

1. “A”, “B”, “C” and “D” conspired with each other to kill “X”. All proceeded to the
house of “X” but before reaching the same, “D”, pretending to answer a call of
nature went out of the way and did not join “A”, “B” and “C” anymore, when the
three killed “X”.

Question: Can “D” be held liable for the death of “X”? Reason out.

It depends. As a rule a conspirator is liable as long as he appeared in the

scene of the crime or he is the mastermind whether or not he appears, this is because the
mastermind is the principal by inducer without his inducement the crime would not
have been committed.
In the case at bar, the facts demonstrated that “D” is not the mastermind
and that he is one of the conspirator but “D” was not able to participate the acts of
execution by reason of his own spontaneous desistance, pretending to answer a call of
nature and went out of the way. Hence, “D” cannot be held liable for the death of “X”.

2. “X” shot “A” resulting to his death. “Y”, a friend of “X” wanted to help the latter
so he took the weapon and placed it in the hand of the deceased to make it appear
that the victim committed suicide.

Question: Is “Y” criminally liable? Explain.

Y is an accomplice. As a rule a person who do not act as principal but

cooperate in the execution of the offense by previous and simultaneous acts, which
are not indispensable to the commission of the crime is an accomplice.
In the case at bar, clearly Y was on the scene of the crime, Y simultaneously
cooperated the execution of the offense and placed a weapon in the hand of “A” to
make appear that “A” committed suicide.

3. “A” approached “B”, borrowing the latter’s gun, telling him that he (A) is going to
kill “X”. “B”, knowing “A’s” criminal design lent his gun with which “A” shot and
killed “X”.

Question: What is the degree of participation of “B” in the murder of “X”?

“B” is an accomplice. As a rule when a person who do not act as a principal

but cooperate in the execution of the offense by previous or simultaneous act which
are not indispensable to the commission of the crime is an accomplice to the crime.
“B” knowing “A’s” criminal design lent his gun, therefore “B” cooperated in
the execution of the offense but since “A” did not directly participated, he is only an
accomplice of the death of “X”.

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4. “A” hired “B” for a price of P100, 000.00 in order to kill John. “B” then went to his
cousin, “C” to borrow his .45 caliber gun. “C”, knowing the criminal intent of his
cousin lent his firearm. Thereafter, “B” proceeded to look for John and saw him
walking in a dark alley. He suddenly shot John using the firearm he borrowed from
his cousin, “C”.

“D” happened to pass by and saw John with a gunshot wound. Since John is
likewise his enemy, he kick him saying that he deserve what happened to him.

John subsequently died due to gunshot wound he sustained from “B. One
week later, “E” learned about the incident. Since “B” is his best friend, “E” offered
his rest house in Laguna to “B” who has an outstanding warrant of arrest for murder,
so that the police officers could not locate him.

Question: Give the criminal responsibility or degree of participation of “A”, “B”,

“C”, “D” and “E” in the crime of murder. Justify your answer.

1. “A” is a principal by inducement. Since “A” is the one who ordered “B” to kill
John without “A”, the inducer without his inducement the crime would not have
been committed.
2. “B” is a principal by direct participation. Because it was “B” who appear at the
scene of the crime and perform all the acts necessary in the commission of the
offense.
3. “C” is an accomplice of the crime. Knowing the intention of “B” and letting to
use his firearm in the commission of the offence, “C” cooperated in the
execution. Thus without the firearm of “C” the crime would not have been
committed.
4. “D”
5. “E” is a principal for Obstruction of Justice. As a rule, those who assist, harbor
and conceal any person he knows or has reasonable ground to believe or suspect,
has committed any offense in order to prevent his arrest, prosecution and
conviction is liable for Obstruction of Justice. Since “E” hide and help “B” to
prevent his arrest, prosecution and conviction, “E” is principal for Obstruction
of Justice.