Beruflich Dokumente
Kultur Dokumente
Page 1 of 22
FUNDAMENTAL PRINCIPLES
Criminal Law
branch of public law which defines criminal offenses and prescribes specific punishment for them
Ex-Post Facto Law – when it makes an act or omission criminal which when committed was not yet so
1. statutes that make an act punishable as a crime when such act was not an offense when committed;
2. laws which, while not creating new offenses, aggravate the seriousness of a crime;
3. statutes which prescribe greater punishment for a crime already committed;
4. laws which alter the rules of evidence so as to make it substantially easier to convict a defendant
5. alters, in relation to the offense or its consequences, the situation of a person to his disadvantage
6. assumes to regulate civil rights and remedies only but in effect imposes a penalty or deprivation of a right which when done was
lawful
7. deprives a person accused of crime of some lawful protection to which he has become entitled, such as the protection of a
former conviction or acquittal, or a proclamation of amnesty
Equipoise Rule
If evidence of the prosecution and defense are equally balanced, the scale should be tilted in favor of the accused
Classification of Crimes
1. as to commission
a. dolo
b. culpa
2. as to stage of execution
a. attempted – 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
b. frustrated – offender performs all 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
c. consummated – all the elements necessary for its execution and accomplishment are present
3. as to stage of execution
a. formal felonies – always consummated
b. material felonies – have various stages of execution
c. those crimes which do not admit of a frustrated stage
4. as to gravity
a. grave felonies
b. less grave felonies
c. light felonies
5. as to count
a. composite
b. compound
c. complex
d. continued
e. continuing
6. as to nature
a. mala in se – acts or omissions that are inherently evil
b. mala prohibita – acts made evil because there is a law prohibiting the same
Mala in Se Mala Prohibita
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 1)
Page 2 of 22
Heinous Crime – grievous, odious and hateful offense which by reason of its inherent or manifest wickedness, viciousness, atrocity
and perversity, is regarded as seriously outrageous to the common standards or norms of decency and morality in a just, civilized
and orderly society
Extraterritorial Application
1. commit an offense while on Philippine ship or airship
2. forge or counterfeit any coin or currency note of RP or obligations and securities issued by RP
3. liable for acts connected with introduction into RP of #2
4. while being public officers or employees, commit an offense in the exercise of their functions
5. commit any of the crimes against national security and the law of nations
a. treason, conspiracy to commit treason, misprision of treason
b. espionage
c. inciting to war or giving motives for reprisals, violation of neutrality, correspondence with hostile country, flight to enemy’s
country
d. piracy in general and mutiny, qualified piracy
Rules on Vessels
Philippine ship/airship on high seas – Philippine laws
Philippine ship/airship in territory of another state – subject to laws of that state
Philippine warship – wherever it is, subject to Philippine laws
English Rule – host country has jurisdiction over crimes committed in the vessel
unless they involve the internal management of the vessel
French Rule – recognizes the jurisdiction of the flag country over crimes committed within the vessel
except if crime disturbs the peace and order of the host country
FELONIES
Definitions (Article 3)
Felonies – acts or omissions punishable by law
Offenses – crimes involving special laws
Infractions – acts violating municipal or city ordinances
Intent
Use of a particular means to effect the desired result
Demonstrated by the overt acts of a person
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 1)
Page 3 of 22
Motive
Moving power/force impelling a person to a desired result
Impossible Crime – act cannot produce an offense against persons or property because:
1. commission of offense is inherently impossible of accomplishment, or
2. means employed is either inadequate or Ineffective
Impossibility
legal impossibility – the intended act, even if completed would not amount to a crime
factual or physical impossibility – extraneous circumstances unknown to the actor or beyond his control prevent the
consummation of the intended crime
Duties (Article 5)
Acts which should be repressed but which are not covered by the law – render proper decision, and report to Chief Executive,
thru DOJ, the reasons why said act should be made the subject of penal legislation
Excessive penalties – execute sentence, and also report as above why strict enforcement of RPC would result in the imposition
of excessive penalty, taking into consideration degree of malice and the injury caused by the offense.
Proposal (Article 8)
when the person who has decided to commit a felony proposes its execution to some other person or persons
Conspiracy (Article 8)
two or more persons come to an agreement concerning the commission of a felony and decide to commit it
must be proved beyond reasonable doubt
Concepts of Conspiracy
1. as a crime by itself
2. as a means of committing the crime
a. express – actual pre-agreement or planning stage
b. implied – offenders acted in concert during the commission; deducible from mode and manner
Rule on Conspiracy
GR: liability of conspirators is only for the crime agreed upon
Except: when all the conspirators are liable even if the crime committed was not agreed upon
the other crime was committed in their presence and they did not prevent its commission
the other crime is the natural consequence of the crime planned (e.g. homicide resulting from physical injuries inflicted)
the resulting crime was a composite crime or special complex crime
Arias Doctrine
all heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids,
purchase supplies, or enter negotiations
Buy-Bust Operation
Form of entrapment which has been accepted as a valid means of arresting violators of the DDA
JUSTIFYING CIRCUMSTANCES
Concept
No crime, no criminal
No civil liability except in state of necessity
a. unlawful aggression;
b. reasonable necessity of the means employed to prevent or repel it; and
c. if provocation was given by the person attacked, that the one making the defense took no part therein
3. Defense of Strangers
a. unlawful aggression;
b. reasonable necessity of the means employed to prevent or repel it; and
c. that the person defending be not induced by revenge, resentment or other evil motive
4. State of necessity
a. evil sought to be avoided actually exists;
b. injury feared be greater than that done to avoid it;
c. no other practical, less harmful means to prevent it
5. Fulfillment of a duty
a. offender acted in the performance of a duty or the lawful exercise of a right or office; and
b. injury caused/offense committed is the necessary consequence of due performance of such right/office
6. Obedience to superior order
a. order has been issued by a superior;
b. order is for a legal purpose; and
c. means used to carry out such order is lawful
State of Necessity
Must not be caused by the negligence or violation of the law of the actor
EXEMPTING CIRCUMSTANCES
Concept
There is a crime, but no criminal
Civil liability except in accident and insuperable cause
Insanity/Imbecility
requires complete deprivation of intelligence or reason
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 1)
Page 7 of 22
does not include schizophrenia/dementia praecox (chronic mental disorder characterized by inability to distinguish between
fantasy and reality and often accompanied by hallucinations or delusions)
Discernment
Not relevant to intent but to INTELLIGENCE
Accident
Occurrence that happens outside the sway of our will, and although it comes about thru some act of our will, lies beyond
bounds of humanly foreseeable consequences
MITIGATING CIRCUMSTANCES
Concept
Circumstances which shows lesser perversity of offender and are considered to lower penalty imposable generally to the
minimum period of penalty prescribed by law
Matters of defense (not alleged in information)
Praeter Intentionem
Requires great disparity between intent & consequences
Cannot be invoked if acts of accused are sufficient to bring about result intended
Not applicable to culpable felonies
Sufficient Provocation
Requisites: (a) provocation must be sufficient; (b) provocation must be immediate (no interval of time between provocation and
commission of crime); and (c) provocation must originate from offended party
Immediate Vindication
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 1)
Page 8 of 22
Grave offense to offender, spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters or relatives by
affinity within same degrees
Immediate means proximate (allows a lapse of time)
Physical Defect
Relates to offense committed
Restricts means of action, defense, or communication
Illness
Diminish exercise of will-power
Without depriving him of consciousness of his acts
AGGRAVATING CIRCUMSTANCES
Concept
Offender shows greater perversity; penalty is increased
Article 14 is an exclusive list; alleged in the information
Dwelling
Not appreciated: offended has given provocation, both offended and offender live there, or inherent in crime, in case of
treachery
Building or structure used exclusively for rest and comfort, includes dependencies, staircases, and enclosures under the house
Offender need not enter as long as the victim is inside
Nocturnity
Appreciated: (a) especially sought by offender; (b) taken advantage of by him; (c) facilitated commission of rime; and (d) place
was not illuminated
Nighttime – period from sunset to sunrise
Must be committed exclusively at nighttime
Uninhabited Place
Determined not solely by distance of nearest house but also whether there was possibility of receiving help
Band
Band – whenever four or more armed malefactors shall have acted together in the commission of an offense
Calamity or Misfortune
On the occasion of conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune
Excludes acts of men
Aid of Armed Men or Persons who Insure/Afford Impunity
Elements: (a) armed men or persons took part in commission of crime, directly or indirectly; and (b) accused availed of their aid
or relied upon them
Armed men as distinguished from band: armed men are accomplices and number of armed men is not considered
Habituality
Recidivism – at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime in the
same title of the Code
Reiteracion – offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for
2 or more crimes to which it attaches a lighter penalty
Habitual Delinquency – if within 10 years from last release/conviction of crimes of serious or less serious physical injuries, robo,
rd
hurto, estafa or falsification, he is found guilty of any of said crimes a 3 time or oftener
Quasi-Recidivism – previously convicted by final judgment and before beginning to serve such sentence, or while serving the
same, offender committed a felony
lighter penalty
Imposition of In addition to
incremental circumstance of
penalty habitual
(additional delinquency,
penalty to that imposition of
imposed for the maximum
crime actually period of
committed) penalty
prescribed for
the new felony
Evident Premeditation
Requisites: (a) time when offender determined to commit the crime; (b) act manifestly indicating that he has clung to his
determination; (c) sufficient lapse to time between such determination and execution to allow him to reflect upon the
consequences of his act
Treachery (Alevosia)
Employing means, methods, or forms in the execution which tend directly and especially to insure its execution, without risk to
himself arising from the defense which the offended party might make
Requisites: (a) insure that offended at the time of attack was not in a position to put up any defense, not even token defense;
and (b) the means, manner, and form was consciously and deliberately chosen
Must be present at the inception of the attack and it must be a continuous attack
Applicable only to crimes against PERSONS
ALTERNATIVE CIRCUMSTANCES
Alternative Circumstances
Relationship – be taken into consideration when the offended party is spouse, ascendant, descendant, legitimate, natural, or
adopted brother or sister, or relative by affinity in the same degrees
Intoxication
Mitigating when offender has committed a felony in a state of intoxication, when not habitual;
Aggravating if intoxication is habitual or intentional
Education
Manner of Participation:
By profiting themselves or assisting the offender to profit by the effects of the crime
By concealing or destroying the body of the crime, or the effects/instruments, in order to prevent its discovery
By harboring, concealing, or assisting in the escape of the PRINCIPAL of the crime
Public officer: acts with abuse of his public functions;
Private individual: only when author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the
Chief Executive, or is known to be habitually guilty of some other crime.
Accomplice Accessory
Before or during Subsequent
Knows of criminal design Knows of commission of offense
Not in a manner indispensable to The 3 ways in article 19
offense
No exemption from liability Exemption under article 20
PENALTIES
Penalties
Punishment imposed by lawful authority upon a person who commits a deliberate or negligent act
General Principles
No felony shall be punishable by any penalty not prescribed by law prior to its commission (Article 21)
GR: retroactivity of penal laws insofar as they favor the person guilty of a felony (Article 22)
Except: habitual criminal
GR: appeal taken by one or more of several accused shall not affect those who did not appeal
Except: insofar as the judgment is favorable and applicable
CLASSIFICATION OF PENALTIES
Accessory Penalties
PAD or TAD,
PSD or TSD,
Suspension from public
office, the right to vote and
be voted for, the profession
or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of
instruments and proceeds of
the offense,
Payment of costs.
Duration of Penalties
Penalty Duration
RP 20 years and 1 day to 40 years
RT 12 years and 1 day to 20 years
Prision mayor and temporary 6 years and 1 day to 12 years,
disqualification except when disqualification is
imposed as accessory penalty
(duration shall be that of the
principal penalty)
Prision correccional, suspension, 6 months and 1 day to 6 years,
and destierro except when suspension is imposed
as accessory penalty (duration
shall be that of the principal
penalty)
Arresto mayor 1 month and one day to 6 months
Arresto menor 1 day to 30 days
Bond to keep the peace Such period of time as the court
may determine
Reclusion Perpetua
In applying the 3 fold rule, the duration of perpetual penalties shall be 30 years
Offender becomes eligible for pardon after he has been imprisoned for at least 30 years, unless unworthy
Preventive Imprisonment
purpose: prevent flight of accused or his going into hiding
remedy in case maximum period reached: habeas corpus
EFFECTS OF PENALTIES
Fine
Pecuniary punishment imposed by a lawful tribunal upon a person convicted of a crime
SUBSIDIARY PENALTY
Subsidiary Penalty
Penalty that takes place of the fine for insolvent convicts
Court must expressly state that subsidiary penalty shall be served in case of insolvency
Penalty imposed must be susceptible of subsidiary penalty
PC or arresto AND fine – whichever is lower: 1/3 of the term of the sentence, 1 year, or quotient of fine divided by P8 (no
fraction or part of a day shall be counted against prisoner; prisoner to remain in prison until fine satisfied)
Only a FINE – SI shall not exceed 6 months (grave or less grave felony), and not exceed 15 days (light felony)
Penalty not to be executed by confinement but is of fixed duration – same deprivation as those of which principal penalty
consists, in accordance with the periods set above
Subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine if
his financial circumstances improve
Rule on Confiscation and Forfeiture of Proceeds or Instruments of the crime (Article 46)
Every penalty shall carry with it forfeiture of proceeds and instruments/tools with which it was committed.
rd
Confiscated and forfeited in favor of the Government unless it is property of 3 person not liable for the offense, but those not
subject of lawful commerce shall be destroyed.
APPLICATION OF PENALTIES
RULES FOR THE APPLICATION OF PENALTIES TO THE PERSONS CRIMINALLY LIABLE AND FOR THE GRADUATION OF THE SAME
General Rule
penalty prescribed by law for the commission of a felony shall be imposed upon the principals (Article 46)
whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the consummated
felony (Article 46)
Rules on Penalty to be Imposed upon Principals when Crime Committed is Different from that Intended (Art.49)
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 1)
Page 16 of 22
If penalty for felony committed is different from that of intended felony: whichever is lower to be imposed in its maximum
period.
If acts committed also constitute attempt or frustration of another crime, if the law prescribes a higher penalty for either
attempt or frustration of that other crime: penalty provided for attempted or frustrated crime shall be imposed in its maximum
period
GRADUATING PENALTIES
DEATH PENALTY
GR: death penalty shall be imposed in all cases in which it must be imposed under existing laws (Article 47)
Exceptions:
1. when guilty person is below 18 at the time of commission of the crime
2. when the guilty person is more than 70
3. when upon appeal or automatic review of the case by the SC, required majority vote is not obtained for the imposition of the
death penalty, in which cases the penalty shall be reclusion perpetua
4. when the death penalty is by operation of law when the crime is not a heinous crime nor a crime for which death is expressly
prescribed
COMPLEX CRIMES
Compound Crimes
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 1)
Page 17 of 22
(a) 2 or more grave felonies; (b) 2 or more less grave felonies, or (c) 1 grave felony and 1 less grave felony
If a light felony results, it is treated as a separate offense
Basis: singularity of the act
RULES FOR THE APPLICATION OF PENALTIES WITH REGARD TO THE MITIGATING AND AGGRAVATING CIRCUMSTANCES, AND HABITUAL DELINQUENCY
Aggravating Circumstances not Taken into Consideration in Increasing the Penalty (Article 62)
5. Those which in themselves constitute a crime specially punishable by law or
6. Those which are included by the law in defining a crime and prescribing the penalty therefore
7. Those which are inherent in the crime
HABITUAL DELINQUENCY
INDIVISIBLE PENALTIES
Application of Penalties Containing 3 Periods (Article 64) – whether it be a single divisible penalty or composed of 3 different
penalties, each one of which forms a period in accordance with articles 76 & 77:
No aggravating nor penalty prescribed by law in its medium period
mitigating
Only 1 mitigating penalty in its minimum period
Only 1 aggravating penalty in its maximum period
Both mitigating and offset those of one class against the other
aggravating according to their relative weight
2 or more mitigating penalty next lower to that prescribed by law, in
and no aggravating the period that it may deem applicable,
according to the number and nature of such
circumstances
Whatever may be courts shall not impose a greater penalty than
the number and that prescribed by law, in its maximum period
nature of the
aggravating
Within limits of each courts shall determine the extent of the penalty
period according to the number and nature of the
aggravating and mitigating and the greater or
lesser extent of the evil produced by the crime
IMPOSITION OF FINES
Penalty to be imposed when the crime committed is not wholly excusable under Articles 11 and 12 (Article 69)
majority of such conditions be present – penalty lower by 1 or 2 degrees than that prescribed by law
courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions
of exemption present or lacking
Death,
Reclusion perpetua,
Reclusion temporal,
Prision mayor,
Prision correccional,
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 1)
Page 19 of 22
Arresto mayor,
Arresto menor,
Destierro,
Perpetual absolute disqualification,
Temporary absolute disqualification.
Suspension from public office, the right to vote and be voted for, right to follow a profession or calling, and
Public censure.
GENERAL PROVISIONS
General Principles
No penalty shall be executed
except by virtue of a final judgment (Article 78)
A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents
than those expressly authorized (Article 78)
Death Penalty
3. Good conduct allowances which the culprit may earn while he is serving his sentence.
Allowance for good conduct (Article 95) – for each month of good behavior, there are the corresponding deductions
1. During first 2 years of imprisonment – 5 days
rd th
2. During 3 to 5 year – 8 days
th th
3. During 6 to 10 – 10
th
4. 11 and successive years – 15 days
CIVIL LIABILITY
Basic Principle
Every person criminally liable for a felony is also civilly liable (Article 100)
Subsidiary civil liability of innkeepers, tavern-keepers and proprietors of establishments (Article 102)
In default of the persons criminally liable, they shall be civilly liable for crimes committed in their establishments, in all cases
where a violation of municipal ordinances or some general/special police regulation shall have been committed by them or their
employees.
Subsidiary liability – restitution of goods taken by robbery or theft, or for the payment of the value thereof, provided that such
guests shall have notified in advance the innkeeper himself, or the person representing him and followed directions given for the
care of and vigilance over such goods.
No liability: robbery with violence against or intimidation of persons unless committed by innkeeper’s employees.
shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by
their servants, pupils, workmen, apprentices, or employees in the discharge of their duties