You are on page 1of 10

Article 1. time when act takes effect.

- This archipelago, including its atmosphere,


code shall take effect on the first day of interior waters and maritime zone
January, 1932 2. Extraterritorial - enumerated in 2nd
paragraph; to be enforced outside
Article 2. Application if its provisions. - Philippine jurisdiction
Except as provided in the treaties and
laws of preferential application, the D. ‘except as provided in treaties and laws
provisions of this Code shall be enforced of preferential application’ mean?
not only within the Philippine - under international laws, sovereigns and
Archipelago, including its atmosphere, heads of states and their official
its interior waters and maritime zone, but representatives enjoy immunity from suits
also outside of its jurisdiction, against
those who: E. Who are entitled to immunity and on what
basis?
1. Should commit an offense while on a
- main yardstick in asserting whether a
Philippine ship or airship
person is a diplomat entitled to immunity
2. Should forge or counterfeit any coin
is the determination of whether or not he
or currency note of the Philippine Islands
performs duties of diplomatic nature
or obligations and securities issued by
the Government of the Philippine Islands
F. What international principle forms the
3. Should be liable for acts connected
basis for granting immunity for diplomatic
with the introduction into these islands
heads?
of the obligations and securities
mentioned in the presiding number; - under the maxim, par in parem, non habet
4. While being public officers or imperium, all states are sovereign equals
employees, should commit an offense in and cannot assert jurisdiction over one
the exercise of their functions; or another
5. Should commit any of the crimes
against national security and the law of G. limitations of immunity principle
nations, defined in Title One of Book Two - doctrine of immunity from suit will not
of this Code. apply and may not be invoked where the
public official is being sued in his private
A. The Phil Govt should be called and personal capacity as an ordinary
Government of the Philippines citizen

B. The country should be referred to as H. Does immunity from suit include that for
Republic of the Philippines defamation?
- a public official may be liable in his
C. Two Scopes of application personal capacity for whatever damage
1. Intra-terriotorial - RPC shall be he may have caused by his act done with
enforced within the Philippine
malice or in bad faith or beyond the scope - rebellion not included because it is crime
of his authority or jurisdiction against public order

I. What is philippine airship or ship? how is Article 3. Definitions. Acts and omissions
jurisdiction over crimes committed punishable by law are felonies.
therein determined?
Felonies are committed not only by
- A philippine ship or airship is one that is
means of deceit by but also by means of
duly registered and under the philippine fault.
laws
- when a merchant ship of philippine There is deceit when the act is performed
with deliberate intent and there is fault
nationality is within the territory of another when the wrongful act results from
country, the jurisdiction is generally with imprudence, negligence, lack of
that foreign state because penal laws are foresight, or lack of skill.
primarily territorial in application BUT if
A. What are felonies?
the foreign state will not take cognizance,
the philippines can assume jurisdiction - felonies are acts or omissions punishable
under the RPC
J. Two recognized rules on jurisdiction over
merchant vessels B. How are felonies committed?
1. English Rule - host country has They are committed either by means of:
jurisdiction over crimes committed in the 1. dolo (deceit) - when act is performed
vessel unless they involve the internal with deliberate intent/is malicious. has
management of the vessel (we observe intention to cause injury.
the ER) ***the acts or omissions are voluntary
2. French Rule - host country has no ***requisites of dolo/malice
jurisdiction over such crimes unless the • must have freedom while doing the act
crime disturbs that peace and order of • must have intelligence while doing the
the host country act
• must have the intent to the do the act
K. Who are the public officers and ***Criminal Intent - is necessary in crimes
employees meant in art. 2? committed by dolo; a will to commit a crime
- public officers and employees of the always exist;
***Absence of criminal liability is a defense;
philippine government when the crime is
there is no felony if there is no intent
related to the exercise of their office
***Dolo not required in crimes punished by
special laws
L. Crimes against national security and the
2. culpa (fault) - unintentional; incident of
law of nations
another act performed without malice;
- treason, espionage, provoking war, results from imprudence, negligence and
disloyalty in case of war, piracy, mutiny lack of foresight
***reason for punishing acts of negligence G. How is intent manifested?
or culpa 1. intent is a mental state which cannot be
• man must use common sense and seen
exercise due reflection in all his acts 2. can only be demonstrated by the overt
***the acts or omissions are voluntary acts of a person
***Absence of Criminal intent is replaced by 3. it is to be presumed that the crime was
negligence and imprudence committed with full knowledge and with
***Mistake of Fact - ignorance or mistake of criminal intent
fact relieves the accused from criminal 4. Dolo is not required in crimes punished
liability (ignorantia facti excusat) by special laws

C. Elements of intentional felonies (dolo)


and of culpable felonies (culpa) H. May crime be committed without criminal
1. Dolo: Freedom of action, Intelligence intent?
and Intent The law has divided crimes into two
2. Culpa: Freedom of Action, Intelligence instances
and Negligence, imprudence, lack of 1. mala in se - there must be criminal
foresight, lack of skill intent; have serious effects on society as
to call for almost unanimous
D. which kind of felony is the principle ‘act condemnation of its members; wrongful
cannot be criminal unless the mind is in nature e.g. rape, theft, homicide
criminal’ relevant? ***when acts are immoral
- intentional (dolo) felonies: to constitute a ***intent governs
crime the act must be accompanied by a 2. mala prohibita - violations of mere rules of
criminal intent convenience designed to secure a more
orderly regulation of the affairs of society;
E. What is intent? wrong merely because prohibited by statute,
- the use of a particular means to bring such as illegal possession of firearms
***fact that the positive law forbids them
about desired result

I. What is motive?
F. What is the rule on the existence of
intent? - the power or force which impels a person
1. intent cannot be presumed but must be to commit acts toward a desired result
established - motive is generally immaterial (as an
2. if not established, then only physical evidence)
injuries will be charged - motive may be vengeance or the desire to
3. when intent is lacking, but wounds
vindicate a wrong committed against the
inflicted, the crime is only physical
accused which moved him to kill the
injuries
victim
- motive will not give rise to criminal liability to the actor whether acting with intent or
because so long as there are no overt thru negligence
acts, no crime is committed
L. Reckless imprudence and Malice
J. Motive becomes material when: - Reckless imprudence is an act from
1. the act brings variant crimes which material damage results by reason
2. there is doubt whether the accused of an inexcusable lack of precaution on
committed the crime; or the identity of the part of the person
the accused is doubtful - Malice is the anti-thesis of reckless
3. the evidence on the commission of the imprudence
crime is purely circumstantial
4. the evidence of guilt of the accused is M. Can negligence and conspiracy co-exist?
inconclusive
- No. Negligence presupposes lack of
intent while conspiracy denotes the
K. Factors that affect intent and
purpose or intention of committing a crime
consequently the criminal liability of the
actor or offender
N. Define intelligence
1. Mistake of fact - facts been true to the
belief of the offender; no criminal intent; - Intelligence is the capacity to understand
there is no criminal liability, provided that what is right and what is wrong
the ignorance or mistake of fact was not - discernment is relevant to intelligence and
due to negligence or bad faith not to intent
2. aberratio ictus - the offender intend the - whether resulting felony is intentional or
injury on one person but the harm fell on culpable, discernment is an element
another (there are 3 persons present:
the intended victim, the actual victim & O. What is the effect when intelligence is
the offender); increases criminal liability lacking?
3. error in personae - mistake in the 1. diminished for minors over 15 but not
identity of the offender but criminal under 18 (effect is to mitigate criminal
liability is not negatived because intent is liability
present (there are 2 persons involved: 2. completely lacking for minors 15 and
the actual victim, the offender) below (there is exception from criminal
4. praeter intentionem - actual crime is liability)
greater than intended (disparity between 3. insane or imbecile
intended felony & actual felony);
mitigating
5. proximate cause - produces the injury
and without which the result would not
have occured; results to criminal liability
Article 4. Criminal liability - Criminal liability 1. anyone who inflicts injury voluntarily and
shall be incurred: with intent is liable for all the consequences
1. By any person committing a felony of his criminal act
(delito) although the wrongful act done 2. when a person causes belief in the mind of
another making the latter to act in a manner
be different from that which he intended.
fatal him, the former will be liable that act of
2. By any person performing an act
endangering such a belief
which would be an offense against
3. even if there is no intent to kill on the part of
persons or property, were it not for the the offender, he may be liable for homicide
inherent impossibility of its
accomplishment or an account of the E. What is impossible crime?
employment of inadequate or ineffectual 1. the offender is a potential criminal
means. 2. where the acts performed would have been
a crime against persons or property but
A. Compare Article 3 & 4 which is not accomplished because of its
inherent impossibility or because of the
- Article 3 defines how felonies are
employment of inadequate or ineffectual
committed; Article 4 is about who means
commits a felony
F. Two kinds of inherent impossibility
B. Who are liable for felonies? 1. Legal impossibility - the intended acts, even
Two classes of offenders if completed would not amount to a crime
1. those commit a felony (delito) although the e.g. stealing property from a thief
wrongful act done is different from that 2. Factual or physical impossibility - occurs
intended when extraneous circumstances unknown to
2. those who do not actually commit a felony the actor is beyond his control to prevent the
but perform an act which would be an consummation of the intended crime e.g
offense against persons or property were it stealing from a vault which turned out to be
not for the inherent impossibility of its empty
accomplishments or on account of the
employment of inadequate or ineffectual G. Is impossible crime a crime?
means -No. Because, objectively, no crime has been
committed.
C. Does the clause ‘by any person committing a
felony (delito)’ refer only to intentional felony? H. Then why is impossible crime punished?
- No. because under Art. 3, delitos are - purpose is to suppress lawlessness
committed either by dolo or culpa - the rationale is to punish such criminal
- the elements here: (a) felony is committed & tendencies
(b) the wrong done must be the direct, natural - subjectively, the offender is a criminal
and logical consequence of the felony although objectively no crime has been
committed committed

D. What is the rule of proximate cause? I. Is there impossible crime of rape?


- Yes. if a person would rape one who - because article 22 prohibits retroactivity of
unknown to him has just died, he commits the penal laws; and the constitutional prohibition
impossible crime. on ex post facto law

J. Should the offender know the impossibility of B. What is the duty of the court when the penalty
the crime? prescribed for a felony is excessive?
- no, because subjectively he intends to commit - court shall call the attention of the president
an unlawful act. if offender has intent to kill
and he knew that the victim is already dead, C. May the court prevent the grant of pardon to
he would not intent to kill the dead. a convict?
- No. it is the presidents prerogative whether or
Article 5. Duty of the court in connection with not to grant a pardon subject to the limitations
acts which should be repressed but which imposed by the constitution
are not covered by the law, and in cases of
excessive penalties. — Whenever a court Article 6. Consummated, frustrated, and
has knowledge of any act which it may deem attempted felonies. — Consummated felonies
proper to repress and which is not as well as those which are frustrated and
punishable by law, it shall render the proper attempted, are punishable.
decision, and shall report to the Chief
Executive, through the Department of A felony is consummated when all the
Justice, the reasons which induce the court elements necessary for its execution and
to believe that said act should be made the accomplishment are present; and it is
subject of penal legislation. frustrated when the offender performs all the
acts of execution which would produce the
In the same way, the court shall submit to felony as a consequence but which,
the Chief Executive, through the nevertheless, do not produce it by reason of
Department of Justice, such statement as causes independent of the will of the
may be deemed proper, without suspending perpetrator.
the execution of the sentence, when a strict
enforcement of the provisions of this Code There is an attempt when the offender
would result in the imposition of a clearly commences the commission of a felony
excessive penalty, taking into consideration directly or over acts, and does not perform
the degree of malice and the injury caused all the acts of execution which should
by the offense. produce the felony by reason of some cause
or accident other than this own spontaneous
A. What is the proper decision for a tried case desistance.
for an act which is not yet punishable by
law? A. When is a felony consummated?
- the court shall render a decision of acquittal - a felony is consummated when all the acts
or order the dismissal of the case necessary for its accomplishment and
- because article 21 prohibits the imposition of execution are present
penalty not prescribed by law
B. What are formal crimes? - acts performed to execute the criminal
- formal crimes (physical injuries, slander) are intention
always consummated because the offender - external acts which if continued will logically
cannot perform all the acts necessary to result in a felony
execute the offense without consummating it
G. Preparatory acts
C. When is a felony frustrated?
- acts which require another act so that a felony
- felony is frustrated when the offender will result
performs all the acts which would produce the
- ordinarily they are not punishable
felony as a consequence, but the felony was
not produced by reason of causes
H. What is required for the ‘overt act’ to be
independent of the will of the perpetrator
considered an attempt of a felony?

D. What crimes cannot be committed in the - the overt act must be directly related to the
frustrated stage? offense committed
1. Rape. no matte how slight the penetration, I. Stages of Execution
the felony was consummated. 1. Attempted/Subjective stage - exists up to the
2. Arson. the moment burning occurs, even a time when the offender still has control of his
small portion only, the offense is acts
consummated 2. Objective Stage - stage of crime which is
3. Corruption. when the offer is accepted, it is either frustrated or consummated
consummated; but when rejected , the
offense is attempted because the offender J. Desistance
was not able to perform all the acts of - act of discontinuing the execution of the
execution as he failed to persuade the public felony which will negative criminal liability of
officer the offender when done during the attempted
4. Adultery. same principle in rape applies stage
5. Theft and robbery. apoderamiento (the
element of taking; the act of depriving another of his K. Attempted & Frustrated Felonies
is complete from the
possession or dominion) 1. acts of execution
moment offender gains possession of the attempted: not all acts of execution had
think been done;
frustrated: all acts of execution had been
E. When is felony attempted? done
- felony is attempted when the offender 2. causes of non-accomplishment
commences the commission of an offense attempted: felony was not produced by
directly by overy acts and does not perform all reason of cause or accident other than the
the acts of execution which should produce offender’s own spontaneous desistance;
the felony by reason of some cause or frustrated: independent of the will of the
accident other than his own spontaneous perpetrator
desistance 3. attempted: still in subjective stage;
frustrated: objective stage
F. Overt acts 4. attempted: necessarily included in the
frustrated stage
5. BOTH, intent is inherent for the offender has stages when committed against the persons
commenced the commission of the felony or against property
but was unsuccessful because of the causes
independent of the will of the perpetrator or B. Who are punishable in light felonies?
other than his own spontaneous desistance. - only the principals and the accomplices are
there is no attempted or frustrated culpa. liable
6. e.g. attempted homicide: wound is not
- accessories are not punishable because they
mortal, hence offender needs to deal
are penalized two degree lower than the
another blow but was unable to because of
principal or two degrees below arresto menor
some cause of accident
which is non-existent
frustrated homicide: wound is mortal,
sufficient to bring death
Article 8. Conspiracy and proposal to commit
felony. — Conspiracy and proposal to
L. What separates attempted from frustrated
commit felony are punishable only in the
homicide/murder?
cases in which the law specially provides a
- where the wound inflicted on the victim is not penalty therefor.
life threatening, the accused not having
performed all the acts of execution that would A conspiracy exists when two or more
have brought about death, the crime is only persons come to an agreement concerning
attempted. the commission of a felony and decide to
commit it.
M. Compare frustrated and consummated
felonies There is proposal when the person who has
1. all acts of execution has bene done; both decided to commit a felony proposes its
are in the objective phase execution to some other person or persons.
2. frustrated: desire was not accomplished
consummated: purpose was accomplished A. What is conspiracy?
3. frustrated: included in consummated
- there is conspiracy when two or more persons
Article 7. When light felonies are punishable. —
come to an agreement concerning
Light felonies are punishable only when they
commission of a felony and decide to commit
have been consummated, with the exception
it.
of those committed against person or
property.
B. What quantum proof is required for
conspiracy?
A. What are light felonies? When are they
punishable?
- same degree of proof required for
1. Light felonies are those infractions of law establishing a crime
penalized with arresto menor (imprisonment - basis of conviction is the same manner as the
from 1 day to 30 days) or a fine not criminal act
exceeding 200 pesos e.g. slight physical - uphold the fundamental principle that no one
injuries, theft, alteration of boundary marks, shall be found guilty of a crime except upon
malicious mischief, intriguing against honor proof beyond reasonable doubt
2. they are punishable: (a) only when C. Does the finding of conspiracy require direct
consummated; (b) as an exception, in all proof?
- No. Proof that accused acted in concert, each 2. implied conspiracy - offenders acted in
of them doing his part to fulfill the common concert during the commission of the crime;
design to kill the victim will suffice to support a the agreement to pursue a common design
conviction and united purpose was instantaneous;
essential that liability the conspirator
- conspiracy may be deduced from the acts of
participated in the commission of the crime
the appellants
- inducement may be by command, advice, or H. In conspiracy by pre-agreement who should
through influence or agreement for be liable for a second unplanned crime?
consideration The liability of the conspirators is only for the
crime agreed upon; an unplanned crime
D. What is necessary for the conspirator and co- committed will be the liability only of the one
conspirator to do to be liable for conspiracy? who committed it. except when:
1. there is intentional participation 1. when the other crime was committed in their
2. conspirator should perform some overt act. presence and they did not prevent it
The overt act may consist of: (a) active 2. when the other crime is the natural
participation of the actual commission of the consequence of the crime planned
crime or (b) exert moral assistance 3. when the resulting crime was a composite
crime.
E. Can conspiracy co-exist with culpa?
- No, for conspiracy presupposes the existence I. Implied conspiracy
of malice - deduced from the mode and manner in which
the offense was committed
F. Two Concepts of conspiracy - converted acts of the parties to achieve the
1. Conspiracy as a crime by itself - the crime
same objective signify conspiracy
subject of conspiracy is not yet committed
but the mere act of conspiring is defined and
- the co-conspirator must do an act which
punished as a crime shows his unity of purpose and design with
2. As a means of incurring criminal liability - the other offenders; mere presence during the
conspiracy then will be a means of incurring scene of the crime and mere knowledge
criminal liability for the acts of others. under about the crime is not enough to constitute
this, distinction shall be made between: (a) one party to the conspiracy
conspiracy where there is actual pre-
agreement or planning stage, and (b) J. Is it necessary for the co-conspirators to
implied conspiracy. perform equally each and every part of the acts
constituting the offense?
G. Kinds of conspiracy as a means of - No. ‘The act of one then becomes the act of
committing a crime all’ (conspiracy is established and all who participated
1. conspiracy by prior agreement on how to are liable equally) and each of them will be
commit the crime - conspirator is liable as deemed equally guilty as co-principals of the
long as he appeared in the scene of the crime committed.
crime (except when he is the mastermind - as long as they played their parts for the
who is liable whether he appears or not) realization of the crime, they are equally liable
K. May a co-conspirator be acquitted while the Code. This Code shall be supplementary to
others convicted? such laws, unless the latter should specially
- Yes. conspiracy is only a means by which a provide the contrary.
crime is committed; the mere act of conspiring
is not by itself punishable the general rule is that special laws are not
subject to the provisions of the RPC
L. Two structures of multiple conspiracies?
1. ‘the wheel or circle’ - single person or group A. What are special laws?
(the hub) dealing with 2 or more other - they are laws that define and penalize crimes
persons or groups (the spokes) not included in the RPC
2. ‘the chain’ involves distribution of narcotics
B. What is the relationship between dolo and
Article 9. Grave felonies, less grave felonies and special laws?
light felonies. — Grave felonies are those to - dolo is not required in crimes punished by a
which the law attaches the capital special statute because it is the act alone,
punishment or penalties which in any of their irrespective of the motives which constitute
periods are afflictive, in accordance with Art. the offense
25 of this Code.
Less grave felonies are those which the law C. When is the RPC suppletory to special laws?
punishes with penalties which in their 1. whenever the special law uses the
maximum period are correctional, in nomenclature of penalties in the RPC,
accordance with the above-mentioned indicating the intent of congress to make the
Article. code apply suppletorily to such special laws
Light felonies are those infractions of law for 2. unless, the special law, though using the
the commission of which a penalty of arrest code’s nomenclatures, specially provide that
menor or a fine not exceeding 200 pesos or it shall not be supplementary to such laws
both; is provided.
D. What principles of the RPC are applicable ti
A. How are felonies classified as to severity? special penal laws?
1. Grave Felonies - penalized by capital 1. Parel - concerned with application of art 22
punishment or afflictive penalties in any of its to violations of act 3030 (election law)
period. afflictive penalities cover, prison 2. Ponte - application of art 17 with
mayor, disqualification, reclusion temporal participation of principals in the commission
and reclusion perpetua of the crime of misappropriation of public
2. Less grave felonies - punished with funds
penalties which in their maximum period are 3. Bruhez - art 45 with reference to confiscation
correctional of instruments used (opium law)
3. Light felonies - punished with arresto menor
or a fine not exceeding P200

Article 10. Offenses not subject to the provisions


of this Code. — Offenses which are or in the
future may be punishable under special laws
are not subject to the provisions of this