CRIMINAL LAW REVIEWER
To be informed of the nature and cause of the
Criminal law – is that branch or division of law which
defines crimes, treats of their nature, and provides for
their punishment.
Crime- an act committed or omitted in violation of a
public law forbidding or commanding it.
Sources of Philippine Criminal Law:
1. Revised Penal Code (Act no. 3815)
2. Special penal laws
3. Penal presidential decrees during Martial law
There are no common law crimes in the Philippines.
Unless there be a particular provision in the penal code
or special penal law that defines and punishes the act, no
criminal liability is incurred by its commission.
Court decisions are not sources of criminal law.
The state has the authority, under its police power, to
define and punish crimes and to lay down the rules of
criminal procedure. -> discretion,
Limitations on the power of the lawmaking body to
enact penal legislation:
1. No ex post facto law or bill of attainder shall
be enacted.
An ex post facto law is one which:
 Makes criminal an act which was innocent when
done before its passage
 Aggravates a crime when committed
 Changes the punishment and inflicts a greater
punishment
 Alters the legal rules of evidence and authorizes
conviction upon less or different testimony than
the law required
 Imposes penalty and deprivation of a right for
something which when done was lawful
 Deprives a person accused of a crime some
lawful protection (amnesty, acquittal)
A bill of attainder is a legislative act which inflicts
punishment without trial. Its essence is the substitution
of a legislative act for a judicial determination of guilt.
Ex. Congress passes a law authorizing the arrest of
communists without trial.
2. No person shall be held to answer for a
criminal offense without due process of law
Art. III- Bill of Rights- 1987 Constitution:
- Right to a speedy trial
- Due process
- Presumption of innocence
- Double jeopardy prohibited
Statutory rights of an accused:
Sec.1. Rule 115 of the Revised Rules on Criminal
Procedure
1. Presumption of innocence
2.
accusation
3. Speedy, impartial and public trial
4. Appeal
Rights of the accused which may be waived:
1. Confrontation
2. Cross examination
- These rights are personal
Right of the accused to be informed of the nature and
cause of the accusation against him-> cannot be waived
because such involves public interest which may be
affected.
Characteristics of Criminal Law:
1. GENERAL. – Criminal law is binding on all
persons who live or sojourn in Philippine
territory.
Exceptions:
 Treaties and laws of preferential
application (ex. Visiting Forces
Agreement, R.A. 75-Diplomatic reps
and domestic servants)
 Principles of international law and treaty
stipulations
Persons exempt from the operation of our criminal laws
by virtue of the principles of public international law:
1. Sovereigns and other chiefs of state;
2. Ambassadors, ministers plenipotentiary,
ministers resident and charges d’affaires
It is a well-established principle of international law that
diplomatic representatives possess immunity from the
criminal; jurisdiction of the country of their sojourn and
cannot be sued, arrested, or punished by the law of that
country.
A consul= not entitled to those privileges.
2. TERRITORIAL. – Criminal laws undertake
to punish crimes committed within Philippine
territory.
The principle of territoriality means that, as a rule, penal
laws of the Philippines are enforceable only within its
territory.
Exceptions:
 Those who should commit an offense while on a
Philippine ship or airship
 Those who should forge or counterfeit any coin
or currency note of the Philippines or
obligations and securities issued by the
Government of the Philippines
 Those who should be liable for acts connected
with the introduction into the Philippines of the
obligations and securities
 While being public officers and employees,
should commit an offense in the exercise of their
functions
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  Those who should commit any of the crimes
against national security and the law of nations
3. PROSPECTIVE. – A penal law cannot make
an act punishable in which it was not
punishable when committed.
Exceptions:
When a new statute dealing with a crime establishes
conditions that are more lenient and favorable to the
accused, it can be given a retroactive effect.
But this exception has no application:
1. Where the new law is expressly made
inapplicable to pending actions or existing
causes of action;
2. Where the offender is a habitual offender
Art. 3. – Felonies
Felonies are acts and omissions punishable by the
Revised Penal Code. -> voluntary
Elements of Felonies:
1. That there must be an act or omission;
2. That the act or omission must be punishable by
the Revised Penal Code;
3. That the act is performed or the omission
incurred by means of dolo or culpa.
Act- any bodily movement tending to produce some
effect in the external world, it being unnecessary that the
same be actually produced, as the possibility of its
production is sufficient.
Ex. A took the watch of B with the intent to gain and
without the consent of the latter. The act of taking the
watch of B constitutes the crime of theft.
The act must be external, because internal acts are
beyond the sphere of penal law.
Omission – inaction, the failure to perform a positive
duty which one is bound to do.
Examples:
1. Anyone who fails to render assistance to any
person whom he finds in an uninhabited place
wounded or in danger of dying is liable for
abandonment of persons in danger.
2. An officer entrusted with the collection of taxes
who voluntarily fails to issue a receipt as
provided by law, is guilty of illegal exaction.
3. Every person owing allegiance to the Philippines
and having the knowledge of any conspiracy
against the government, who does not disclose
and make known the same to the proper
authority, is liable for misprision of treason.
Nullumcrimen, nulla poena sine lege – there is no crime
when there is no law punishing it
Classification of felonies according to the means by
which they are committed:
1. Intentional felonies – the act or omission of the
offender is malicious. The act performed is with
deliberate intent to cause an injury to another. -
DOLO
2. Culpable felonies – the act or omission is not
malicious. The injury caused to another person
is unintentional, it being simply the incident of
another act performed without malice. –
CULPA/Fault
Imprudence/lack of foresight/negligence/lack of skill-
indicates a deficiency of action. Negligence indicates a
deficiency of perception.
- A man must use common sense and exercise due
reflection in all his acts; it his duty to be
cautious, careful and prudent, if not from
instinct, then through fear of incurring
punishment.
People vs. Ramirez – the hunter was guilty of the crime
of homicide through reckless imprudence.
Requisites of Dolo or Malice:
1. Freedom
2. Intelligence- necessary to determine the morality
of human acts.
3. Intent- being purely a mental process, it is
presumed and the presumption arises from the
proof of the commission of an unlawful act.
Mistake of Fact- relieves the accused from criminal
liability. It is a misapprehension of fact on the part of the
person who caused injury to another.
- An honest mistake of fact destroys the
presumption of criminal intent which arises
upon the commission of a felonious act.
Requisites of Mistake of Fact as a defense:
1. That the act done would have been lawful had
the facts been as the accused believed them to
be;
US vs Ah Chong – Had the facts been as Ah Chong
believed them to be, he would have been justified in
killing the intruder.
People vs Oanis – Both of the accused are guilty of
murder for even if it were true that the victim was the
notorious criminal, the accused would not be justified in
killing him while the latter was sleeping.
2. That the intention of the accused in performing
the act should be lawful;
3. That the mistake must be without fault or
carelessness on the part of the accused.
When the accused is charged with intentional felony,
absence of criminal intent is a defense.
- All reasonable doubt intended to demonstrate
error and not crime should be indulged in for the
benefit of the accused.
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Mistake in the identity of the intended victim is not
reckless imprudence.
- A deliberate intent to do an unlawful act is
essentially inconsistent with the idea of reckless
imprudence.
A person causing damage or injury to another, without
malice or fault, is not criminally liable under the Revised
Penal Code.
- He is exempt from criminal liability, because he
causes an injury by mere accident, without fault
or intention of causing it.
Example: Catangay is not criminally liable for
accidentally discharging his gun, hitting and killing
Ramos because he had no criminal intent and was not
negligent.
But the act of discharging a gun in a public place is
unlawful. The one discharging it in a public place is
criminally liable for the injury caused.
Crimes punished by special laws:
Motive is established by the testimony of witnesses on
the acts or statements of the accused before or
immediately after the commission of an offense.
Disclosure of the motive is an aid in completing the
proof of the commission of the crime, but the proof of
motive alone is not sufficient to support a conviction.
Art. 4. – Criminal liability incurred by:
1. Any person committing a felony (delito)
although the wrongful act done be different from
that which he intended;
2. Any person performing an act which would be
an offense against persons or property, were it
not for the inherent impossibility of its
accomplishment or on account of the
employment of inadequate and ineffectual
means.
One who commits an intentional felony is responsible
for all the consequences which may naturally and
logically result therefrom, whether foreseen or intended
or not.

- Intent/Dolo to commit the crime is not necessary El que es causa de la causa es cause del mal causado –
as a rule. It is sufficient that the offender has the he who is the cause of the cause is the cause of the evil
intent to perpetrate the act committed by the caused.
special law.
Requisites of Paragraph 1 of Art. 4:
- The act alone, irrespective of its motives,
constitutes the offense. 1. That an intentional felony has been committed;
- Good faith and absence of criminal intent are not 2. That the wrong done to the aggrieved party be
valid defenses in crimes punished by special the direct, natural and logical consequence of the
laws. felony.
- When the acts are inherently immoral, they are
Any person who creates in another’s mind an immediate
mala in se even if they are punished under
sense of danger, which causes the latter to do something
special laws.
resulting in the latter’s injuries, is liable for the resulting
MALA IN SE vs MALA PROHIBITA injuries.
Mala in se Mala Prohibita The wrong done needs to be considered as the direct,
Those so serious in their Those violations of mere natural and logical consequence of the felony
effects on society as to rules of convenience committed.
call for almost unanimous designed to secure a more
condemnation of its orderly regulation of the But where it clearly appears that the injury would not
members affairs of society have caused death, in the ordinary course of events, but
Criminal intent necessary Criminal intent is not would have healed in so many ways and it was shown
necessary beyond all doubt that the death was due to the malicious
Refers generally to Refers generally to acts carelessness of the victim or third person, the accused is
felonies defined and made criminal by special not liable.
penalized by the Revised laws
Penal Code 1. The victim was suffering from internal malady.
Ex. Blows being the proximate cause of death.
2. The offended party refused to submit to a
Intent vs Motive surgical operation.
Motive is the moving power which impels one to action 3. The resulting injury was aggravated by
for a definite result. It is not an essential element for infection.
crime. It is only essential when there is doubt as to the Proximate cause – is that cause which, in natural and
identity of the assailant, when the evidence is merely continuous consequence, unbroken by any efficient
circumstantial, and when there are no eyewitnesses to intervening cause, produces the injury, and without
the crime. which the result would not have occurred.
Intent is the purpose to use a particular means to effect - The felony committed must be the proximate
such result. cause of the resulting injury.

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The following are not efficient intervening causes:
1. The weak or diseased physical condition of the
victim, as when one is suffering from
tuberculosis or heart disease;
2. The nervousness or temperament of the victim,
as when a person dies in consequence of an
internal hemorrhage brought on by moving
against the doctor’s orders;
3. Causes which are inherent in the victim, such as
the victim not knowing how to swim
4. Neglect of the victim or third person, such as the
refusal of an injured party of medical attendance
or surgical operation
5. Erroneous or unskillful medical or surgical
treatment.
While the wounds inflicted are not immediate cause,
they can be the proximate cause of death.
When death is presumed to be the natural
consequence of physical injuries inflicted:
1. That the victim at the time the physical injuries
were inflicted was in normal health
2. That death may be expected from the physical
injuries inflicted
3. That death ensued within a reasonable time.
The felony committed is not the proximate cause of
the resulting injury when:
1. There is an active force that intervened between
the felony committed and the resulting injury,
and the active force is a distinct act or fact
absolutely foreign from the felonious act of the
accused;
2. The resulting injury is due to the intentional act
of the victim.
Impossible Crimes
- The commission of an impossible crime is
indicative of criminal propensity or criminal
tendency on the part of the actor. Such person is
a potential criminal.
- Punished in order to suppress criminal
propensity or criminal tendencies.
Requisites of Impossible Crimes
1. That the act performed would be an offense
against persons or property;
A felony should not actually be committed, for,
otherwise, he would be liable for that felony.
2. That the act was done with evil intent;
3. That its accomplishment is inherently
impossible, or that the means employed is either
inadequate or ineffectual;
There must either be legal impossibility or physical
impossibility of accomplishing the intended act.
Where the means employed is adequate and the result
expected is not produced, it is not a impossible crime—it
is a frustrated felony.
4. That the act performed should not constitute a
violation of another provision in the Revised
Penal Code.
Art. 5. Duty of the Court in connection with acts
which should be repressed but which are not covered
by the law, and in cases of excessive penalties.
“in connection with acts which should be repressed but
which are not covered by the law”:
1. The act committed by the accused appears not
punishable by any law;
2. But the court deems it proper to repress such act;
3. In that case, the court must render the proper
decision by dismissing the case and acquitting
the accused;
4. The judge must then make a report to the Chief
Executive, through the Secretary of Justice,
stating the reasons which induce him to believe
that the said act should be made the subject of
penal legislation.
“in case of excessive penalties..”:
1. The court after trial finds the accused guilty;
2. The penalty provided by law and which the
court imposes for the crime committed appears
to be clearly excessive because
a. The accused acted with lesser degree of
malice and/or
b. There is no injury or the injury caused is of
lesser gravity.
3. The court should not suspend the execution of
the sentence
4. The judge should submit a statement to the
Chief Executive, through the Secretary of
Justice, recommending executive clemency.
Art. 6. – Consummated, frustrated and attempted
felonies
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present.
It is frustrated when the 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.
- If there is nothing more left to be done
There is an attempt when the offender commences the
commission of a felony directly by overt acts, and does
not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than his own spontaneous desistance.
- The offender fails to perform all acts of
execution which should produce the felony
because of some cause or accident.
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Development of Crime: Elements of a frustrated felony:
1. Internal acts – the mere ideas in the mind of a 1. The offender performs all the acts of execution;
person, are not punishable even if, had they been 2. All the acts performed would produce the felony
carried, they would constitute a crime. as a consequence;
3. But the felony is not produced;
Intention and effect must concur- mere intention
4. By reason of causes independent of the will of
producing no effect is no more a crime than a mere
the perpetrator.
effect without the intention is a crime.
He must perform the last act necessary to produce the
2. External acts – cover preparatory acts and acts
crime. In attempted felony, he merely commences the
of execution.
commission of a felony directed by overt acts.
Preparatory acts- ordinarily, they are not punishable.
How to determine whether the crime is only
Some are considered, by themselves, as independent
attempted, or frustrated or consummated:
crimes that are punishable.
1. The nature of the offense
Acts of execution – they are punishable under the
2. The elements constituting the felony
Revised Penal Code.
3. The manner of committing the same
- The first stage is the attempted, the second the
Manner of committing the crime:
frustrated, and the last stage—the consummated.
1. Formal crimes- consummated in one instant, no
Attempted felony - there is an attempt when the
attempt.
offender begins the commission of a felony directly by
overt acts. Slander and false testimony, sale of marijuana and other
prohibited drugs
1. The offender commences the commission of the
felony directly by overt acts; 2. Crimes consummated by mere attempt or
proposal by overt acts
Overt act- is some physical activity or deed, indicating
- The mere attempt is a consummated felony.
the intention to commit a particular crime, more than a
mere planning or preparation, which if carried to its Flight to enemy’s country, corruption of minors
complete termination following its natural course will
logically and necessarily ripen into a concrete offense. 3. Felony by omission
- There can be no attempted stage when the felony
2. He does not perform all the acts of execution is by omission, because in this kind of felony,
which should produce the felony; the offender does not execute acts. He omits to
3. The offender’s act is not stopped by his own perform acts which the law requires him to do.
spontaneous desistance; 4. Crimes requiring the intervention of two
4. The non-performance of all acts of execution persons to commit them are consummated by
was due to cause or accident other than his mere agreement
spontaneous desistance.
Betting in sports crimes, corruption of public officer
Indeterminate offense – is one where the purpose of the
There is no frustrated bribery.
offender in performing an act is not certain. Its nature in
relation to its objective is ambiguous. 5. Material crimes – there are three stages of
execution.
The intention of the accused must be viewed from the
nature of the acts executed by him, and not from his There is no attempted or frustrated impossible crime,
admission. because the acts performed by the offender are
considered as constituting a consummated offense.
The overt acts leading to the commission of the offense
are not punishable except when they are aimed directly
at its execution, and therefore they must have an
immediate and necessary relation to the offense.
When there is conspiracy, the rule is—the act of one is
the act of all.
One who takes part in planning a criminal act but desists
in the actual commission is exempt from criminal
liability. The Code only requires that the discontinuance
of the crime comes from the person who had begun it,
and that he stops of his own free will.
In attempted felony, the offender never passes the
subjective phase of the offense.