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CRIMINAL LAW  The Code which replaced the old Penal Code

(took effect on July 14, 1887 until December 31,


CRIMINAL LAW, defined. 1931).
Branch or division of law which defines crimes, treats  Enacted by the Philippine Legislature, and
of their nature, and provides for their punishment. approved on December 8, 1930.
 Took effect on January 1, 1932.
CRIME, defined.
An Act COMMITED or OMITTED in violation of a TWO BOOKS
public law FORBIDDING or COMMANDING it  Book I
o ARTS 1-20: Basic principles affecting
SOURCES OF PH CRIM LAW criminal liability
1. The Revised Penal Code (Act No. 3815) and its o ARTS 21-113: Provisions on penalties
amendments including criminal and civil liability
2. Special Penal Laws passed by  Book II
a. PH Commission o ARTS 114-365: Felonies w corresponding
b. PH Assembly penalties, classified and grouped under 14
c. PH Legislature different titles.
d. National Assembly
e. Congress of the PH ART. 1. TIME WHEN ACT TAKES EFFECT
f. Batasang Pambansa This Code shall take effect on the first day of January,
3. Penal Presidential Decrees issued during Martial nineteen hundred and thirty-two.
Law
ART. 2. APPLICATION OF ITS PROVISIONS.
LIMITATIONS ON THE POWER OF THE LAW-MAKING Except as provided
BODY TO ENACT PENAL LEGISLATION In the treaties and law of preferential application,
The Bill of Rights of the 1987 Consti imposes the ff The provisions of this Code shall be enforced
limitations: Not only within the Philippine Archipelago,
I. No ex post facto law or bill of attainder shall be Including its atmosphere,
enacted. (Art 3, Sec 22.) Its interior waters and maritime zone,
But also outside of its jurisdiction,
WHAT IS AN EX POST FACTO LAW? Against who:
1. Makes criminal act an act done before the
passage of the law and which was innocent 1. Should commit an offense
done, and punishes such an act While on a PH ship or airship
2. Aggravates a crime, or makes it greater than
it was, when committed 2. Should forge or counterfeit
3. Changes the punishment and inflicts a Any coin or currency note of the PH Islands
greater punishment than the law annexed to Or obligations and securities
the crime when committed Issued by the Gov’t of the PH Islands
4. Alters the legal rules of evidence, and
authorizes conviction upon less or different 3. Should be liable for acts
testimony than the law required at the time of Connected with the introduction into these
the commission of the offense Islands
5. Assumes to regulate civil rights and remedies Of the obligations and securities
only, in effect imposes penalty or deprivation Mentioned in the preceding number
of a right for something which when done
was lawful, and 4. While being public officers or employees,
6. Deprives a person accused of a crime some Should commit an offense
lawful protection to which he has become In the exercise of their functions
entitled
5. Should commit any of the crimes
WHAT IS A BILL OF ATTAINDER? Against national security, and the law of the
A legislative act which inflicts punishment without nations
trial. Its essence is the substitution of a legislative Defined in Title 1 of Book 2 of this Code.
act for a judicial determination of guilt.
RULES AS TO JURISDICTION OVER CRIMES
II. No person shall be held to answer for a COMMITTED ABOARD FOREIGN MERCHANT
criminal offense w/o due process of law. (Art 3, VESSELS
Sec 14[1].)  FRENCH RULE – Yung vessel niyo, hindi talaga
sakop ng country na ‘yun, UNLESS maapektuhan
CHARACTERISTICS OF CRIMINAL LAW sila o ang country nila, saka lang.
1. GENERAL – Binding on all persons who live or
 ENGLISH RULE – Pagpasok mo sa country nila,
sojourn in the PH (Art 14, NCC.)
sakop ka talaga nila, UNLESS ang crime mo ay
2. TERRITORIAL – Undertake to punish crimes
hindi makaapekto sa peace nila.
committed WITHIN THE PH TERRITORY
3. PROSPECTIVE – A penal law cannot make an
In the Philippines, we follow the ENGLISH RULE.
act punishable in a manner in wc it was not
punishable when committed
RULE AS TO FOREIGN WARSHIPS ON TERRITORIAL
WATERS
THE REVISED PENAL CODE  PH Courts have NO JURISDICTION over
offenses committed on board FOREIGN
HISTORY WARSHIPS
 Warships are always reputed to be the
TERRITORY OF THE COUNTRY TO WHICH
THEY BELONG and cannot be subjected to the  The injurious result is greater than that intended
laws of another state (praeter intentionem)
o EX: A, w/o intent to kill, hit the back of the
head of B, causing B to fall down and hit
his head in the asphalt pavement,
TITLE ONE – FELONIES AND CIRCUMSTANCES resulting to head injury and later on
WHICH AFFECT CRIMINAL LIABILITY death. A is still liable for B’s death, even
CHAPTER ONE – FELONIES tho he had no intent to kill B.
ART. 3. DEFINITION
Acts and omissions punishable by laws WRONG DONE MUST BE THE DIRECT, NATURAL,
Are called felonies (delitos). AND LOGICAL CONSEQUENCE OF THE FELONIOUS
ACT
Felonies are committed 1. The victim who was threatened or chased by the
(1) not only by means of deceit (dolo) accused with a knife, jumped into the water and
(2) but also by means of fault (culpa). the strong current caused him to sink down and
he died of drowning.
There is deceit when 2. The victim removed the drainage of the wound,
The act is performed with deliberate intent; which resulted in the development of its infection,
And there is fault when it appearing the wound caused by the accused
The wrongful act results from produced extreme pain and restlessness which
Imprudence, negligence, made the victim remove it. (People v Quianzon)
Lack of foresight, or lack of skill. 3. The victim was suffering from internal malady.
a. Blow was efficient to cause death
ELEMENTS OF FELONIES EX: A was suffering from tuberculosis and
1. There must be an act or omission B gave blows on A’s certain body parts,
2. That act or omission must be punishable by the bruising his internal organs and producing
RPC internal haemorrhage, resulting to A’s death.
3. The act performed or the omission incurred by B is liable for homicide.
means of dolo or culpa b. Blow accelerated death. – (dito malapit
na talaga mamatay ‘yung victim.)
EX: A was suffering from internal malady. B
REQUISITES OF DECEIT (OR DOLO)
gave fist blows on A’s certain body parts,
1. Offender must have FREEDOM while doing an producing inflammation of the spleen, and
act or omitting to do an act petronitis, and causing death. B was liable for
2. Offender must have INTELLIGENCE “” homicide, because by his fist blows, he
3. Offender must have INTENT “” produced the cause of acceleration of the
death of A.
REQUISITES OF FAULT (OR CULPA) c. Blow was proximate cause of death.
1. Offender must have FREEDOM EX: A was suffering from heart disease. B
2. Offender must have INTELLIGENCE stabbed A with a knife, but as the blade hit a
3. Offender is IMPRUDENT, NEGLIGENT, or bone, it did not penetrate the thoracic cavity,
but it produced a shock, resulting to A’s
LACKS FORESIGHT or SKILL, while doing the
death. B is liable for homicide because the
act or omitting to do the act. stabbing was the proximate cause of the A’s
death.
MALA IN SE and MALA PROHIBITA, distinguished. 4. The victim refused to submit to surgical
 MALA IN SE operation. He is not obliged to submit to a
o Crimes wrongful in their nature (theft, surgical operation to relieve the accused from the
rape, homicide). Inherently immoral. natural and ordinary result of his crime.
 MALA PROHIBITA 5. The resulting injury was aggravated by infection.
o Wrong merely because prohibited by a. The accused is liable for all the
statute (illegal possession of firearms). consequences of his acts, and the
infection of a wound he has caused is
ART. 4. CRIMINAL LIABILITY. one of the consequences for which he is
Criminal liability shall be incurred: answerable.
1. By any person committing a felony (delito) b. But the infection should not be due to
Although the wrongful act done malicious act of the offended party.
Be different from that which he intended.
PROXIMATE CAUSE
2. By any person performing an act  That cause, which, in natural and continuous
Which would be an offense against persons or sequence, unbroken by any efficient intervening
property, cause, produces the injury, and without which the
Were it not for the inherent impossibility of its result would not have occurred.
accomplishment
Or on account of the employment of IMPOSSIBLE CRIMES (Art. 4, Par. 2.)
Inadequate or ineffectual means.  PENALTY: Arresto mayor, fine of PhP 200-500
(Art. 59, RPC.)
CIRCUMSTANCES WHICH STILL INCUR CRIMINAL  REQUISITES:
LIABILITY UNDER ART. 4 o The act performed would be an offense
 Mistake in the identity of the victim (error in against persons or property
personae) o The act was done with evil intent
 Mistake in the blow (aberratio ictus) o The act’s accomplishment is inherently
o EX: A discharged his firearm at B, but impossible, or that the means employed
because of lack of precision, hit and is either inadequate or ineffectual
seriously wounded B. A is still criminally o The act performed should NOT constitute
liable for the injury caused to B. a violation of another provision of th RPC.
 EX: A fired at B, B was lying on the bed.
o If A KNOWS B is dead, it is NOT an
impossible crime. There was no evil
intent on A’s part, bec he knew he could
not anymore cause injury to B.
o If A DOES NOT KNOW B is dead, the
crime committed was an IMPOSSIBLE
CRIME, because there was physical and
legal impossibility.

ART. 5. DUTY OF THE COURT IN CONNECTION WITH


ACTS WHICH SHOULD BE REPRESSED BUT WHICH
ARE NOT COVERED BY THE LAW, AND IN CASE OF
EXCESSIVE PENALTIES.
Whenever a court has knowledge of any act
Which it may deem proper to repress
And which is not punishable by law,
It shall render the proper decision
And shall report to the Chief Executive,
Through the Department of Justice,
The reasons which induce the court to believe
That said act should be made the subject of penal
legislation.

In the same way, the court shall submit to the Chief


Executive,
Through the Department of Justice,
Such statement as may be deemed proper,
Without suspending the execution of the sentence,
When a strict enforcement of the provisions of this Code
Would result to the imposition of a clearly excessive
penalty,
Taking into consideration the degree of malice
And the injury caused by the offense.