CRIMINAL LAW

DAD, I Dated LC FOJEM

Article 1-13
Article 1 Article 3
Date of Effectiveness Definition of Felony
I. January 1, 1932
I. Acts or omissions punishable by the RPC
Exception: when there is an innocent mistake of
fact, but not mistake in identity
II. Elements of felonies (AID)
A. Act or omission
Exception:
Internal acts or not covered
B. It should be punishable by the RPC
C. Dolo or culpa
III. Kinds of Felonies (both voluntary)
Article 2 A. Intentional Felony (Dolo)
Application of Provisions 1. Freedom
I. Within its territory 2. Intelligence
II. Without its territory (COINS) 3. Intent
Exception:
A. Counterfeit of Philippine Currency and
Intent is not a requisite for offense (special
securities laws)
B. Offense by a public officer or employee B. Culpable Felony (Culpa)
C. Introducing counterfeit currency to the 1. Freedom
territory 2. Intelligence
D. National Security has been 3. Negligence, lack of foresight or skill
compromised or affects the law of 4. Punished because if not, man will no
nations longer be cautious and prudent and
E. Ship or airship of the Philippines will expose himself and others to injury
- Registered in the Philippine Bureau of IV. Motive
Customs A. Proved by evidence
Exception: B. Not necessary
When the vessel is in the territory of 1. Evidence is convincing
a foreign country 2. Accused is positively identified
3. Accused admits to the crime
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Article 4 4. Means employed is inadequate or
ineffectual
Incurring criminal liability a. Inadequate means
I. Committing a felony - Using the wrong amount of poison
b. Ineffectual means
II. Wrongful act done is different from
- Using the right amount of poison which
intended turned out to be salt
A. Basis: el que es causa de la causa es 5. Should not be another violation of
causa del mal causado another RPC provision
B. Elements
1. There is intent
2. Wrong done is the direct and logical
consequence of the felony
a. Victim was of normal health
b. Physical injury would normally cause
death Article 5
c. Death ensued within a reasonable time
Exception: one creates danger in the mind of Duty of the Courts
another I. Acts not covered by the law
C. Responsible of all the consequences of A. Basis: nullum crimen, nulla poena sine
his act regardless of intention lege
D. Causes for different result B. Requisites (NPA-R)
1. Mistake in identity 1. Not punishable by any law
2. Mistake in the blow 2. Proper to repress
3. Act exceeds intent 3. Acquit the accused
III. Impossible Crimes 4. Report to the Chief Executive, through
A. Basis: to suppress criminal propensity the Secretary of Justice, stating reasons
or tendency why act should be punished
B. Elements II. Excessive penalties
1. Act performed would be an offense A. Elements (GIER)
against persons or property 1. Guilty
a. Should not be actually committed 2. Impose the penalty
2. Evil intent 3. Excessive character
Exception: stabbing a dead person one a. Less malice
already knows is dead b. Less or no injury at all
3. Inherently impossible or; 4. Recommendation of executive
a. Legal impossibility clemency to Chief Executive through
- Stealing something that turned out to the SOJ
be yours
Exception: when penalties are enforced for public
b. Physical impossibility
policy
- Stealing something that turned out to
be non-existent
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Article 6 b. Never passes the subjective phase,
that where he has still control over his
Consummated, Frustrated, and acts
Attempted 4. Reason is a cause or accident other
than spontaneous desistance
I. All felonies are punishable
VI. Manner of consummating crime
II. Acts
A. Formal crimes
A. Internal acts
1. Consummated in one instant
1. Mere ideas
2. No attempt or frustrated
2. Intention and effect must coincide
B. Crimes consummated by mere attempt
B. External acts
or proposal or overt act
1. Preparatory acts
1. Overt act or attempt is crime itself
a. Not punishable
Exception: when the law provides for 2. No frustrated
punishment C. By omission
2. Acts of execution 1. No attempt or frustrated
a. Punishable under RPC D. Crimes requiring agreement only
III. Consummated 1. No agreement: attempted
A. When all the elements necessary of its 2. Agreement reached but returned:
execution is present frustrated
IV. Frustrated E. Material crimes
1. Those with three stages of execution
A. Elements (PAFeR)
1. Performance of all acts of execution VII. There is no attempted or frustrated
a. Offender is now in objective phase impossible crime
2. Acts would produce the felony
3. Felony is not produced
4. Reason is a cause independent of the
will of the perpetrator

V. Attempted
A. Elements (CaNNeR)
1. Commission of the felony is
commenced by overt acts
a. Overt act is any physical act indicating
intention to commit a crime
2. Not all acts of execution are performed
3. Not stopped by spontaneous
desistance
a. Spontaneous desistance is an
absolutory cause
Article 7
Punishable Light Felonies
I. Those with penalties
A. Arresto menor
B. P 200
II. Basis: only insignificant moral and
physical injuries result
Exception: when they are not consummated
Ex-exception: when they are offenses
against persons or property
 CRIMINAL LAW
Article 8 Article 9
Conspiracy and Proposal Felonies according to penalties
I. Conspiracy and proposal are not I. Grave felonies
punishable A. Capital Punishment
Exception: when the law expressly states B. Afflictive penalties (6+1 – 40)
II. Basis: they are mere preparatory acts 1. Reclusion perpetua
III. Conspiracy a. 20 + 1 years – 40 years
2. Reclusion temporal
A. Elements
a. 12 + 1 years – 20 years
1. Two or more persons come to an
3. Perpetual or temporary absolute
agreement
disqualification
2. Agreement is about committing a
4. Perpetual or temporary special
crime
disqualification
3. Execution is decided upon
5. Prision mayor
B. Punishable conspiracies a. 6 + 1 years – 12 years
1. Treason
II. Less Grave felonies
2. Rebellion
A. Correctional Penalties (RO – 6)
3. Sedition
1. Prision coreccional
4. Restraint of trade
a. 6 + 1 months – 6 years
Exception: once committed, no longer a separate
2. Arresto mayor
offense
a. 1 + 1 month – 6 months
IV. Proposal
3. Suspension
A. Elements 4. Destierro
1. A person has decided to commit a
III. Light felonies
felony
2. He proposes its execution to another
person
B. Punishable proposals
1. Treason
2. Rebellion or insurrection
Exception: once committed, no longer a separate Article 10
offense
C. When there is no proposal
Offenses not covered by RPC
1. Person who proposes is not committed I. Offenses are covered by the applicable
to commit the felony special law
2. There is no concrete, formal proposal II. The RPC is supplementary in character
(only a suggestion) Exception: Article 10 not applicable
3. What is proposed is not the execution, - Punishing an accomplice
but a preparatory act - Mitigating or aggravating circumstances
D. It is not necessary to agree to the - When special law expressly states that the
proposal RPC is not supplementary
 CRIMINAL LAW
Article 11
Justifying Circumstances (SaRSEDO)
I. Self Defense
A. Elements (URL)
1. Unlawful aggression
a. Actual or;
b. Imminent
c. Must place life or limb in peril
d. Intent to attack is manifest,
accompanied by gesture
e. Must come from the offended party
f. Fight ahead of schedule
Exception: when a fight is agreed upon
flight
2. Reasonable necessity of means
a. Necessity of action
b. Necessity of means used
c. Depends on the circumstances
- Place and occasion of assault
- Flight of aggressor
- Nature and quality of weapons
- Physical condition, character
d. Construed in favor of law-abiding
citizens
Exception: policemen are required to overcome
a fighting opponent
3. Lack of sufficient provocation
a. No provocation from defender or;
b. Provocation from defender is not
sufficient
B. Basis: instinct of self-preservation
II. Relative defense
A. Elements
1. Unlawful aggression
a. Mistake of fact is appreciated
2. Reasonable necessity of means
3. In case of provocation by relative,
defender had no part
B. Basis: impulse of blood to rescue blood
III. Stranger defense
A. Elements
1. Unlawful aggression
a. Mistake of fact is appreciated
2. Reasonable necessity of means
3. Defender is not induced by revenge,
resentment or other evil motive
B. Basis: The ordinary man would not
stand idly by and see his companion
killed without any attempt to save his
life
IV. Evil to avoid an injury
A. Elements
1. The evil to be avoided actually exists
a. Source of the evil must not come from
actor
2. Injury feared is greater than that done
a. Covers injury to persons and property
3. There is no other practical, less harmful
way
B. Basis: instinct of self- preservation
Exception: civil liability
V. Duty
A. Elements
1. Act was in performance of a duty
a. Covers exercise of right and mere
disturbance of possession warrants the
use of force of owner of a property
2. Injury cause is the necessary
consequence of due performance of
duty
VI. Obedience to order
A. Elements
1. Superior-issued order
2. Order is lawful (from superior)
3. Means to carry out order is lawful
(from subordinate)
VII. There is no crime, the act is justified
VIII. Burden of proof is on the accused
 CRIMINAL LAW
Article 12 (actus me invite factus non est meus
actus)
Exempting Circumstances (I’m 99, Am 3. Third person
I Under the Influence of Alcohol) Exception: when the force is not present,
imminent, impending
I. Imbecile or Insane
VI. Uncontrollable fear
A. Basis: complete absence of intelligence;
A. Basis: absence of freedom
voluntariness at time of performance
B. Elements
Exception: Lucid interval
Feeble mindedness 1. Threat causing fear is at least equal evil
2. Fear is real and imminent
II. 9 or less
Exception: Threat of future injury
A. Basis: absence of intelligence Has means of escape
B. Repealed by RA 9344 (15) VII. Insuperable cause
Exception: shall be subject to intervention
A. Basis: absence of intent
program
B. Elements
III. 9 > = 15
1. Required by law
A. Basis: absence of intelligence
2. Fails to do the required
B. Discernment at time of performance
3. Because of insuperable cause
1. Shown by a. Canon law
b. Manner the crime was committed b. Distance
c. Conduct of offender c. Professional capacity
Exception: with discernment Exception: civil liability
age is proved by offended party
VIII. Absolutory causes
IV. Accident
A. Spontaneous desistance
A. Basis: lack of negligence and intent Exception: unless another crime
B. Elements (WILD) B. Attempted/frustrated light felony not
1. Without fault or intention
against persons or property
2. Injury
C. Accessory is a relative
a. outside the sway of human will
b. beyond the humanly foreseeable D. Legal arbitrary detention
consequences E. Legal trespass
3. Lawful act F. Theft against relative
4. Due Care 1. Against spouse, as/descendants,
a. Negligence negates accident affinity same degree
Exception: civil liability 2. Widow against spouse’s estate
V. Irresistible force 3. Bro and sis (and in law) living together
A. Basis: absence of freedom G. Slight or less serious physical injury
(voluntariness) against douchebag of wife or daughter
B. Elements H. Rape against spouse
1. Physical force I. Instigation
2. Irresistible IX. Must be proved by defendant
a. Reducing him to a mere instrument
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Article 13
Mitigating Circumstances
(LeNNon’S ViceS & DIceS)
I. Lacking requisites to justify or exempt
A. Justifying circumstances
1. In defenses, unlawful aggression is
indispensable
a. If majority, privileged
2. In avoiding greater evil, existence of
evil is indispensable
3. In performance of duty or right, only 2
requisites – only privileged
B. Exempting circumstances
1. Insanity and minority has no
mitigating, there is no middle ground
2. Child in conflict with law, acted with
discernment
3. Accident
a. If not lawful and without due care,
felony by negligence
b. If not lawful and there is intent,
intentional felony. There is no
mitigating circumstance
4. Uncontrollable fear, two requisites
Exception: Par 5 and 7 of Art 12 (irresistible force,
insuperable cause)
II. Not 18 – 70
A. Acted with discernment
B. Basis: diminished intelligence
III. No Intention to commit grave wrong
A. Basis: diminished intent
B. Notable and evident disproportion
between act and consequence
C. Intention, at time of performance,
judged by external acts
1. Weapon used
2. Injury inflicted
3. Manner of infliction
4. Location of the injury
Exception: brute force, culpable felonies
IV. Sufficient provocation of the deceased
A. Basis: diminished of intelligence and
intent
B. Elements
1. Provocation is sufficient to excite,
incite, irritate only the accused
a. Act of provocation
b. Social standing of accused
c. Place and time
Exception: challenge when the accused
was hunting the deceased
2. Originate from deceased
3. Immediately preceded the act
V. Vindication because of offense
A. Basis: diminished voluntariness, honor
B. Elements
1. Grave offense upon
a. The accused
b. Relatives (Art 11)
Exception: general remarks, without
knowing who the target is
2. Time has passed
a. Influence of the offense lasted until
the crime was committed
VI. Impulse of feeling
A. Basis: under passion, there is
diminished intelligence and intent,
self-control
B. Elements
1. Upon impulse
Exception:
o In the spirit of lawlessness and
revenge
o Act of the deceased is just
2. Powerful enough to create passion or
obfuscation
Exception: enough time has passed for
calm planning
VII. Surrendered voluntarily
A. Basis: lesser perversity of the
defendant
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B. Elements
1. Had not been actually arrested
2. Surrendered to authority or agent
3. Surrender was voluntary
VIII. Deaf and dumb
A. Basis: diminished freedom of action
B. Means to act, defend, or communicate
are limited
IX. Illness depriving willpower
A. Basis: diminished intelligence and
intent
B. Elements
1. Illness diminishes willpower
2. Should not deprive consciousness of
act
Exception: complete loss of willpower and
consciousness becomes exempting circumstance
X. Similar circumstances