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CRIMLAW  It is necessary that there is voluntariness which is presumed

from elements of freedom of action and intelligence.


ARTICLE 1. Time When Act Takes Effect. — This Code shall
take effect on the first day of January, 1932.  Elements of intentional and of culpable felonies:

ARTICLE 2. 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 within the
Philippine Archipelago, including its atmosphere, its interior
waters and maritime zone, but also outside of its jurisdiction, DOLO CULPA
against those who:
1, Freedom of action; 1. Freedom of action;
1. Should commit an offense while on a Philippine ship or
airship; 2. Intelligence; and 2. Intelligence; and

2. Should forge or counterfeit any coin or currency note of the 3. Intent. 3. Negligence, imprudence,
Philippine Islands or obligations and securities issued by the lack of skill.
Government of the Philippine Islands;
 “Actus non facit reum, nisi mens sit rea” – crime is not
3. Should be liable for acts connected with the introduction into committed if the mind of the person performing the act
these islands of the obligations and securities mentioned in the complained of is innocent.
preceding number;
 Intent - refers to the use of a particular means to bring about
4. While being public officers or employees, should commit an the desired result
offense in the exercise of their functions; or

 May a crime be committed w/o criminal intent? YES, in two


5. Should commit any of the crimes against national security instances:
and the law of nations, defined in Title One of Book Two of this 1. Mala in se – acts wrong in themselves
Code. 2. Mala prohibita – acts which would not be wrong but for
the fact that positive law forbids them
 The Philippine Government should be called Government of  Motive – moving power or force which impels a person to
the Republic of the Philippines and the country should be commit acts toward a desired result
referred to as the Republic of the Philippines
 Motive becomes material when:
a) the act brings about variant crimes;
 Two scopes of application of the RPC:
b)there is doubt whether the accused committed the crime,
1. intra-territorial: 1st par of art2
or the identity of the accused is doubtful;
2. extra-territorial: enumerated in the 2nd par
c) the evidence on the commission of the crime is purely
 Outside of these 5 cases, Phil courts cannot take jurisdiction circumstantial; or
over a crime committed outside of the country. d)the evidence of guilt of the accused is inconclusive.
 A Filipino artist who sings Phil national anthem in USA during
the fights of Filipino boxers in contravention of the said
provision cannot be prosecuted before Phil courts bec such  No matter how evil the internal thought is, as long as there
offense is not among the exceptions of Art2  are no overt acts, no crime is committed.

ARTICLE 3. Definition. — Acts and omissions punishable by  Mistake of fact – that mistake which had the facts been true
law are felonies (delitos). to belief of the offender, can justify his act

Felonies are committed not only by means of deceit (dolo) but  Effect of five factors on intent and criminal liability of the
also by means of fault (culpa). offenders:

There is deceit when the act is performed with deliberate


intent; and there is fault when the wrongful act results from FACTOR Effect of Intent Effect on
imprudence, negligence, lack of foresight, or lack of skill. Criminal Liability

 Felonies (delitos) are acts or omissions punishable under the 1. Mistake of fact negative criminal Negative criminal
RPC. It classified on the basis of how they are committed intent liability
either as dolo (deceit) or culpa (fault).
2. Aberratio Ictus Intended result Increases criminal
 Crimes involving special laws are called offenses; violations (mistake in the falls on another liability which
of ordinances are infractions. victim of the blow) person or may be generally result to
in addition to the complex crime
injury on the
ARTICLE 5. Duty of the court in connection with acts which
intended victim should be repressed but which are not covered by the law, and
in cases of excessive penalties. — Whenever a court has
knowledge of any act which it may deem proper to repress and
3. Error in Intended result Extenuating of the which is not punishable by law, it shall render the proper
Personae falls on another crime is greater decision, and shall report to the Chief Executive, through the
(mistake in the due to error in the than intended Department of Justice, the reasons which induce the court to
identity) identity of the believe that said act should be made the subject of penal
victim legislation.

4. Praeter Actual crime is Mitigating under In the same way the court shall submit to the Chief Executive,
Intentionem (so greater than Art13 through the Department of Justice, such statement as may be
grave wrong intended deemed proper, without suspending the execution of the
caused than that sentence, when a strict enforcement of the provisions of this
intended) Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the
5. Proximate Results in crime Results in injury caused by the offense.
cause (the cause although not criminal liability to
of the cause is intended the actor whether ARTICLE 6. Consummated, frustrated, and attempted
the cause of the acting with intent felonies. — Consummated felonies, as well as those which are
evil caused) or negligence frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for


its execution and accomplishment are present; and it is
frustrated when the offender performs all the acts of execution
which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.

ARTICLE 4. Criminal Liability. — Criminal liability shall be There is an attempt when the offender commences the
incurred: commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the
1. By any person committing a felony (delito) although the felony by reason of some cause or accident other than his own
wrongful act done be different from that which he intended. spontaneous desistance.

2. By any person performing an act which would be an offense  Felony is consummated when all the acts necessary for its
against persons or property, were it not for the inherent accomplishment and execution are present.
impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means.
 Formal crimes are always consummated bec the offender
cannot perform all the acts necessary to execute the
 Impossible crime – the acts performed would have been a offenses without consummating it. Physical injuries and
crime against persons or property but which is not slander are formal crimes.
accomplished bec of its inherent impossibility or of the
employment of inadequate or ineffectual means
 Crimes that cannot be committed in frustrated stage:
1. Rape
 Two kinds of inherent impossibility: 2. Arson
1. Legal impossibility – where the intended acts, even if 3. Corruption of public officers
completed would amount to a crime. EX. killing a dead 4. Adultery
person or stealing property which turned out to belong to 5. Theft and robbery
the stealer   Overt acts – external acts which if continued will logically
2. Factual or physical impossibility – when extraneous result in felony. It is the start of criminal liability
circumstances unknown to the actor or beyond his control
prevent the consummation of the intended crime. EX.  Preparatory acts – acts which still require another act so that
stealing from a vault which turned out to be empty isn’t ironic? a felony will result. EX. buying poison

 Desistance – act of discontinuing the execution of the felony
which will negative criminal liability of the offender when
 Impossible crime is NOT a crime. The law states that the act
done during the attempted stage.
“would be crime” hence, it has not ripened to an actual crime
bec of the ineffectual means employed or due to its inherent
impossibility.
ATTEMPTED FELONIES FRUSTRATED FELONIES

 There is an impossible crime of rape bec rape is now crime


against person. Hence, if a person would rape one who Not all acts of execution had All acts of execution had
unknown to him has just died, he commits the impossible been done been performed
crime of rape.
Felony was not produced by The reason for frustration is
reason of cause or accident some cause independent of  Kinds of conspiracy as a means of committing a crime:
other than the offender’s the will of the perpetrator 1. Conspiracy by a prior agreement on how to commit the
own desistance crime
2. Implied conspiracy, or conspiracy that is deducted from
the acts of offenders.
The offender is still in the He is already in the  When conspiracy involves a pre- conceived plan, what is
subjective phase as he still objective phase bec all the required of a co-conspirator to incur liability?
control of his acts acts of execution are The overt act may consist of:
already there and the cause a) Active participation in the actual commission of the
of its non- accomplishment crime itself; or
is other than the offender’s b) Moral assistance to his co-conspirators by being present
own will. at the commission of the crime; or
c) Exerting moral ascendancy over the other conspirators.
In attempted homicide, the The wound is mortal,
wound is not mortal, hence, already sufficient to bring  It is NOT necessary for the co-conspirators to perform
the offender should still about death; hence, there is equally each and every part of the acts constituting the
need to deal another blow no more need of another offense, as long as the parts played by each contribute to
on the victim which he was blow from the offender. But the realization of the common design, they are EQUALLY
not able to do because of death nevertheless did not liable.
some cause or accident like supervene bec of timely  “The act of one is the act of all” – when conspiracy is
his being apprehended. medical attendance. established, all who participated therein, irrespective of the
quantity and quality of his participation is liable equally,
whether the conspiracy is pre-planned or instantaneous.

FRUSTRATED FELONIES CONSUMMATED FELONIES ARTICLE 9. Grave felonies, less grave felonies and light
felonies. — Grave felonies are those to which the law attaches
All acts of execution had been done and therefore, both are the capital punishment or penalties which in any of their
in the objective phase periods are afflictive, in accordance with article 25 of this Code.

The desire was not The purpose was Less grave felonies are those which the law punishes with
accomplished accomplished penalties which in their maximum period are correctional, in
accordance with the abovementioned article.

Frustrated is subsumed in consummated


Light felonies are those infractions of law for the commission of
which the penalty of arresto menor or a fine not exceeding 200
ARTICLE 7. When light felonies are punishable. — Light pesos or both, is provided.
felonies are punishable only when they have been
consummated, with the exception of those committed against
person or property.  The significance of classifying felonies into grave, less
grave, or light is to determine:
a) Whether a complex crime was committed;
 Light felonies (Article 9 ) b) The duration of the subsidiary penalty to be
imposed where the subsidiary penalty is based on
 Who are punishable in light felonies? Only the principals and the severity of the penalty;
the accomplices are liable. Accessories are not punishable c) The duration of the detention in case of failure to
bec LF is penalized with arresto menor. post the bond to keep the peace;
d) Whether the crime has prescribed;
e) Whether or not there is delay in the delivery of
ARTICLE 8. Conspiracy and proposal to commit felony. — detained persons to the judicial authority; and
Conspiracy and proposal to commit felony are punishable only f) The proper penalty for quasi-offenses.
in the cases in which the law specially provides a penalty
therefor.
ARTICLE 10. Offenses not subject to the provisions of this
code. — Offenses which are or in the future may be punishable
A conspiracy exists when two or more persons come to an under special laws are not subject to the provisions of this
agreement concerning the commission of a felony and decide Code. This Code shall be supplementary to such laws, unless
to commit it. the latter should specially provide the contrary.

There is proposal when the person who has decided to commit


 Special laws – laws that define and penalize crimes not
a felony proposes its execution to some other person or
included in the RPC; they are of a nature different from those
persons.
defined and punished in the Code

 Two concepts of conspiracy:  Different modifying circumstances:


1. Conspiracy as crime by itself 1. Justifying circumstances (Article 11);
2. Conspiracy as a means of committing a crime 2. Exempting circumstance (Article 12);
a) By pre-agreement or planning 3. Mitigating circumstance (Article 13);
b) Implied from the concerted acts of the offenders or 4. Aggravating circumstance (Article 14; and
implied conspiracy
5. Alternative circumstances, either mitigating or aggravating Second. That the injury feared be greater than that done to
(article 15). avoid it;
 Entrapment – employment of such ways and means for the
purpose of trapping or capturing a lawbreaker Third. That there be no other practical and less harmful means
 Buy-bust operation – form of entrapment which has been of preventing it.
accepted as a valid means of arresting violators of the drugs
law
5. Any person who acts in the fulfillment of a duty or in the
ENTRAPMENT INSTIGATION
lawful exercise of a right or office.
1. The mens rea originated 1. Evil idea originated from
from the accused who was the peace officer who
merely trapped by the peace induced the accused to 6. Any person who acts in obedience to an order issued by a
officer in flagrante delicto commit the act superior for some lawful purpose.
2. This is not absolutory as 2. Absolutory by reason of
to the offender since he public policy  The following are justifying circumstances:
authored the evil idea a) Defense of self, of relatives and of strangers;
3. Consistent with public 3. Contrary to public policy b) State of necessity;
policy c) Fulfillment of duty; and
4. Trap for the unwary 4. Trap for unwary innocent d) Obedience of superior order.
criminal
The peace officer has no 5. The peace officer is a  Requisites of self-defense:
criminal liability for his acts principal by inducement 1. Unlawful aggression;
are in accordance with law 2. Reasonable necessity of the means employed to prevent
The crime has already been 6. The crime would not and or repel it; and
committed could not have been 3. Lack of sufficient provocation on the part of the person
committed were it not for the defending himself.
instigation
 Unlawful aggression – to constitute this, it is necessary that
an attack or material aggression, an offensive act positively
ARTICLE 11. Justifying Circumstances. — The following do determining the intent of aggressor to cause injury, shall
not incur any criminal liability: have been made

 It must be the COURT should determine the existence of


1. Anyone who acts in defense of his person or rights, provided
justifying circumstances not the police officers.
that the following circumstances concur:
 Elements of defense of relatives:
First. Unlawful aggression; a) Unlawful aggression;
b) Reasonable necessity of the means employed to prevent
Second. Reasonable necessity of the means employed to or repel it; and
prevent or repel it; c) In case the provocation was given by the person attacked,
the person defending had no part therein.
Third. Lack of sufficient provocation on the part of the person
 Elements of defense of strangers:
defending himself.
a) Unlawful aggression;
b) Reasonable necessity of the means employed to prevent
2. Anyone who acts in defense of the person or rights of his or repel it; and
spouse, ascendants, descendants, or legitimate, natural or c) The person defending is not included by revenge,
adopted brothers or sisters, or of his relatives by affinity in the resentment or other evil motives.
same degrees, and those by consanguinity within the fourth
civil degree, provided that the first and second requisites  Battered Woman Syndrome is characterized by “cycle of
prescribed in the next preceding circumstance are present, and violence” which has three phases:
the further requisite, in case the provocation was given by the a) The tension-building phase;
person attacked, that the one making defense had no part b) The acute battering incident; and
therein. c) Tranquil, loving phase.

3. Anyone who acts in defense of the person or rights of a  Elements of state of necessity:
stranger, provided that the first and second requisites a) The evil sought to be avoided actually exists;
mentioned in the first circumstance of this article are present b) The injury feared be greater than that done to avoid it; and
and that the person defending be not induced by revenge, c) There is no other practical and less harmful means of
resentment, or other evil motive. preventing it.

4. Any person who, in order to avoid an evil or injury, does an  Elements of fulfilling of duty or exercise of right or office:
act which causes damage to another, provided that the a) The offender acted in the performance of a duty or the
following requisites are present: lawful exercise of a right or office; and
b) The injury caused or the offense committed is the
necessary consequence of the due performance of such
First. That the evil sought to be avoided actually exists; right or office.
 Obedience to superior order appreciated when the following
elements concur: 3. Since there is no crime, 3. Since there is a crime,
a) An order has been issued by a superior; there is no criminal and no there is a criminal (but
b) The order is for legal purpose; and civil liability. exempt from criminal
c) The means used to carry out such order is lawful. liability) and there is civil
liability.

ARTICLE 12. Circumstances Which Exempt from Criminal 4. The emphasis of the law 4. The emphasis of the law
Liability. — The following are exempt from criminal liability: is on the act. is on the actor.

1. An imbecile or an insane person, unless the latter has acted


 Insanity – exists when there is a complete deprivation of
during a lucid interval.
intelligence in committing the act, he acts without the least
discernment bec there is complete absence of power to
When the imbecile or an insane person has committed an act discern, or there is a total deprivation of freedom of the will
which the law defines as a felony (delito), the court shall order
his confinement in one of the hospitals or asylums established
 Insanity is manifested in language and conduct.
for persons thus afflicted, which he shall not be permitted to
leave without first obtaining the permission of the same court.
 Schizophrenia – chronic mental disorder characterized by
2. A person under nine years of age. inability to distinguish between fantasy and reality, and often
accompanied by hallucinations and delusions
3. A person over nine years of age and under fifteen, unless he
has acted with discernment, in which case, such minor shall be  The judge is not a psychiatrist or psychologist equipped with
proceeded against in accordance with the provisions of article the specialized knowledge of determining the state of a
80 of this Code. person’s mental health. The court should order examination
of accused 
When such minor is adjudged to be criminally irresponsible,
the court, in conformity with the provisions of this and the
preceding paragraph, shall commit him to the care and custody  Minors exempt from criminal liability:
of his family who shall be charged with his surveillance and a) A minor 15 yrs old or under. The age of exemption was
education; otherwise, he shall be committed to the care of increased from 9 to 15.
some institution or person mentioned in said article 80. b) A minor over 15 and under 18 who did not act with
discernment.
4. Any person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or intention of  Accident – happens outside the say of our will, and although
causing it. it comes about through some act of our will, lies beyond the
bounds of humanly foreseeable consequences
5. Any person who acts under the compulsion of an irresistible
force.
 The following must concur for accident to be accepted:
6. Any person who acts under the impulse of an uncontrollable a) Accused was performing a lawful act with due care;
fear of an equal or greater injury. b) The injury is caused by mere accident; and
c) There was no fault or intent of causing the injury.
7. Any person who fails to perform an act required by law,
when prevented by some lawful or insuperable cause.  Elements of irresistible force:
a) The force must be physical, must come from an outside
source, and the accused must act not only without a will
 The exempting circumstances are:
but even against his will.
a) Imbecility/ insanity;
b) The actor must be reduced to a mere instrument, such
b) Minority;
that element of freedom is wanting.
c) Accident;
c) The duress, force, fear or intimidation must be present,
d) Compulsion of irresistible force;
imminent and impending and of such a nature as to induce
e) Impulse of uncontrollable fear; and
a well-grounded fear of death or serious bodily injury if the
f) Insuperable or lawful cause.
act is not done.

JUSTIFYING EXEMPTING

1. The act is legal, within the 1. The act is criminal.


bounds of law
ARTICLE 13. Mitigating Circumstances. — The following are
2. There is no crime, hence, 2. There is a crime and a mitigating circumstances:
no criminal. criminal.
1. Those mentioned in the preceding chapter, when all the c) Must originate from the offended party
requisites necessary to justify the act or to exempt from
criminal liability in the respective cases are not attendant.  Elements of voluntary surrender:
a) The offender surrendered to a person in authority or his
2. That the offender is under eighteen years of age or over agent;
seventy years. In the case of the minor, he shall be proceeded b)The offender surrendered before arrest is effected; and
against in accordance with the provisions of article 80. c) The surrender must be voluntary.

3. That the offender had no intention to commit so grave a


wrong as that committed. ARTICLE 14. Aggravating Circumstances. — The following are
aggravating circumstances:
4. That sufficient provocation or threat on the part of the
offended party immediately preceded the act. 1. That advantage be taken by the offender of his public
position.
5. That the act was committed in the immediate vindication of a
grave offense to the one committing the felony (delito), his 2. That the crime be committed in contempt of or with insult to
spouse, ascendants, descendants, legitimate, natural, or the public authorities.
adopted brothers or sisters, or relatives by affinity within the
same degrees. 3. That the act be committed with insult or in disregard of the
respect due to the offended party on account of his rank, age,
6. That of having acted upon an impulse so powerful as or sex, or that it be committed in the dwelling of the offended
naturally to have produced passion or obfuscation. party, if the latter has not given provocation.

7. That the offender had voluntarily surrendered himself to a 4. That the act be committed with abuse of confidence or
person in authority or his agents, or that he had voluntarily obvious ungratefulness.
confessed his guilt before the court prior to the presentation of
the evidence for the prosecution. 5. That the crime be committed in the palace of the Chief
Executive, or in his presence, or where public authorities are
8. That the offender is deaf and dumb, blind or otherwise engaged in the discharge of their duties, or in a place
suffering some physical defect which thus restricts his means dedicated to religious worship.
of action, defense, or communication with his fellow beings.
6. That the crime be committed in the nighttime, or in an
9. Such illness of the offender as would diminish the exercise uninhabited place, or by a band, whenever such circumstances
of the will-power of the offender without however depriving him may facilitate the commission of the offense.
of consciousness of his acts.
Whenever more than three armed malefactors shall have acted
10. And, finally, any other circumstance of a similar nature and together in the commission of an offense it shall be deemed to
analogous to those above mentioned. have been committed by a band.

 Classifications of mitigating circumstances: 7. That the crime be committed on the occasion of a


a) Ordinary – lowers the penalty to minimum period conflagration, shipwreck, earthquake, epidemic or other
b) Privileged – lowers the imposable penalty calamity or misfortune.
c) Specific – applies to a specific felony like
concealment of dishonor in the case of abortion by 8. That the crime be committed with the aid of armed men or
the pregnant woman herself persons who insure or afford impunity.
Ordinary Privileged
1. Can be offset by a 1. Cannot be offset by any 9. That the accused is a recidivist.
generic aggravating aggravating circumstance
circumstance A recidivist is one who, at the time of his trial for one crime,
2. Penalty is lowered to the 2. Penalty is lowered by one shall have been previously convicted by final judgment of
minimum period of the or two degrees another crime embraced in the same title of this Code.
penalty prescribed
3. Not considered when 3. Always considered 10. That the offender has been previously punished for an
what is prescribed is single whether the penalty offense to which the law attaches an equal or greater penalty
indivisible penalty imposable is divisible or or for two or more crimes to which it attaches a lighter penalty.
indivisible
11. That the crime be committed in consideration of a price,
reward, or promise.
 Unlawful aggression is NOT a mitigating circumstance.
12. That the crime be committed by means of inundation, fire,
 Requirements for sufficient provocation: poison, explosion, stranding of a vessel or intentional damage
a) Sufficient; thereto, derailment of a locomotive, or by the use of any other
b) Immediate to the commission of the crime; and artifice involving great waste and ruin.
13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or means be


employed to weaken the defense.

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the


crimes against the person, employing means, methods, or
forms in the execution thereof which tend directly and specially
to insure its execution, without risk to himself arising from the
defense which the offended party might make.

17. That means be employed or circumstances brought about


which add ignominy to the natural effects of the act.

18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance is effected by a


way not intended for the purpose.

19. That as a means to the commission of a crime a wall, roof,


floor, door, or window be broken.

20. That the crime be committed with the aid of persons under
fifteen years of age or by means of motor vehicles, airships, or
other similar means.

21. That the wrong done in the commission of the crime be


deliberately augmented by causing other wrong not necessary
for its commission.

ARTICLE 15. Their Concept. — Alternative circumstances are


those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and
the other conditions attending its commission. They are the
relationship, intoxication and the degree of instruction and
education of the offender.

The alternative circumstance of relationship shall be taken into


consideration when the offended party is the spouse,
ascendant, descendant, legitimate, natural, or adopted brother
or sister, or relative by affinity in the same degrees of the
offender.

The intoxication of the offender shall be taken into


consideration as a mitigating circumstance when the offender
has committed a felony in a state of intoxication, if the same is
not habitual or subsequent to the plan to commit said felony;
but when the intoxication is habitual or intentional it shall be
considered as an aggravating circumstance.

 Three alternative circumstances:


a) Relationship
b) Intoxication
c) Degree of instruction and education of the offender