Criminal Law and Jurisprudence Review

REVIEW ON
CRIMINAL LAW AND JURISPRUDENCE
By
CRMGST. EDITO T. MARIBOJOC, Llb., MSCJ
edimar@calbayogcity.com 1
REVIEWEE’S PRAYER
Heavenly GOD, the Father Almighty,

source of all wisdom, we beseech YOU, to
guide us and bless us in today’s review.
Equip us, with the needed wisdom, as we
prepare for the coming Criminology
Board examination. We ask this, with a
trusting heart, in JESUS name. AMEN
WHAT IS LAW?
Law is a body of rules of action or conduct prescribed by the control-
-ling authority having a binding legal effect.
Basis: Ignorantia lege neminem excusat – Ignorance of the law excuses
no one from compliance therewith. Note however that Ignorantia facti
excusat, meaning- ignorance of fact may excuse one from liability.
Mistake of fact – is an act or omission which is the result of a misap-
-prehension of facts that is voluntary but not intentional.
The effects of law:
Law bestows everyone with rights, and for everyone to respect those
rights. Once these vested rights are violated, the violator or violators
will be held responsible for his or her acts and omissions.
Likewise, law regulates the behaviour of all person, citizen or not, in
relation with one another, or, of people with the State.
FUNDAMENTAL PRINCIPLES IN CRIMINAL
LAW
What is criminal law?

is that branch of public law which defines crimes, treats
of their nature, and provides for their punishment. Note: It is
interchangeably termed as PENAL LAW.
Who enacts or makes criminal laws?

The making of laws is legislative in character. Being legisla-
-tive in nature, such power to make laws is vested only in
Congress of the Philippines including the making or passing
of criminal laws.
LIMITATIONS OF CONGRESS TO MAKE CRIMINAL L
AWS
1. Congress cannot enact criminal laws that are NOT of

general application (under equal protection clause);
2. Congress cannot enact an ex post facto law or a bill of
attainder; and
Ex post facto law(meaning, after the fact)-a law making an act
punishable when it was not punishable when committed.
Bill of Attainder- a law which inflicts punishment without the
benefit of judicial trial. (Sec. 22, Art. 3, 1987 Const.)
3. Congress cannot provide for a cruel, degrading or

inhuman punishment, nor imposes excessive fines.
WHAT IS THE SOURCE OF CONGRESS’ POWER TO
MAKE CRIMINAL LAWS
Origin or source of power to make penal laws:

The source of power of Congress to make criminal laws is in
accordance with the inherent power of the State on Police
Power.
What is Police power?

is an inherent and plenary power of the State which enables
it to prohibit all that is hurtful to the comfort, safety, moral
and welfare of society.
Note: Police power prevail over everyone’s rights.

WHAT IS THE SCOPE OF CRIMINAL LAW?
Criminal law covers the following:

Criminal procedure – is the method prescribed by law for the
apprehension and prosecution of persons accused of any
criminal offense and for their punishment in case of
conviction. Hence, observance of due process of law is a must.
By due process of law it means, “a law which hears before it condemns

and proceeds upon inquiry and renders judgment ONLY after trial”.
Thus, notice and hearing are an important elements in its observance.
Substantive criminal law – is one which defines crimes and

prescribes penalty for the commission thereof.
SAMPLE QUESTION (BOARD QUESTION)
That method prescribed by law for the apprehension and

prosecution of persons accused of any criminal offense
and for their punishment in case of conviction.
a. criminal evidence b. due process of law
c. criminal procedure d. substantive criminal law
FOOD FOR THOUGHT: SMART PEOPLE DO NOT JU

ST
READ, THEY THINK AND ANALYZE. HENCE, YOU M
UST edimar@calbayogcity.com 8
TWO KINDS OF SUBSTANTIVE CRIMINAL LAW
1. Revised Penal Code, deals on crimes that are wrongful in

themselves or the so-called crimes mala in se or malum in se,
which means, evil in itself. In these crimes intent is an important
element to determine criminal liability. Hence, good faith and
lack of intent are good and valid defenses.
2. Special Penal laws generally deals on socially wrongful crimes,

or the so-called crimes mala prohibita or malum probitum, whichme
ans prohibited evil. They are wrong merely because they are
prohibited by special law or statute.
Crimes mala prohibita, are infractions of mere rules of convenience
design to secure a more orderly regulation of the affairs of society.
WHAT IS CRIME?
Crime
-is an act committed or omitted in violation of public law forbidding
or commanding it.
The word “crime” generally covers the following:

Felony – is an act and omission defined and punished by the Revised
Penal Code.
Offense - is an act and omission defined and punished by special laws
Misdemeanors– those infractions of law defined and punished by a
city or municipal ordinances that are penal in nature.
Commission – refers to act ought not be perform but performed.

Omission – refers to act ought to be perform but not performed.
WHAT ARE THE SOURCES OF PHILIPPINE CRIMINAL
LAW?
1. Revised Penal Code (RPC), codified by Act No. 3815, as

amended and approved on December 8, 1930 which took
effect on January 1, 1932;
2. Acts of the Philippine Legislature, National assembly, the
Congress of the Philippines; the batas pambansa and such
other laws like, republic acts and executive orders ,
and such other special laws punishing offenses.
3. Presidential decrees of Pres. Ferdinand E. Marcos durin
g
his term.
SAMPLE QUESTION
Is that branch of law that defines crimes, treats of their

nature and provides for their punishment.
Standard giving of choices:
a. constitutional law b. criminal law
c. civil law d. administrative law
Misleading or tricky type of giving choices:
a. crimes b. felony c. offense
d. criminal law e. all of the above
Note: Be responsive with what is asked and be analytical.

ANOTHER SAMPLE QUESTION (BOARD EXAM)
The following are sources of Phil. Penal laws, EXCEPT:

a. Revised Penal Code b. Special Penal Laws
c. Legislative decrees d. Presidential Decrees
Other way of giving question:

One is NOT a source of criminal laws of the Philippines.
a. Revised Penal Code b. Special Penal Laws
c. Legislative decrees d. Presidential Decrees
ANOTHER SAMPLE QUESTION FOR CRIME
It is that act committed or omitted in violation of public

law forbidding or commanding it:
A. Offense B. Crime C. Felony D. Misdemeanour
ANOTHER FORM OF QUESTION RELATIVE TO THE

TERM CRIME:
It is an act or omission punishable by the Revised Penal
Code. What is it?
A. Offense B. Crime C. Felony D. Misdemeanor
WHAT IS COMMON LAW?
Common law
is that body of rules and principles which derived their authority
solely from usages, customs and traditions and not from a
legislative body, and by which a person may be punished in
violation thereof. Note: There is no common law in the Philippines.
The rule is, if there is no law that punishes a particular act, then,
there is no crime, no matter how heinous or odious it may be.
“Nullum crimen, nulla poena sine lege” , which means - there is
no crime where there is no law punishing it.
Hence, NO person can be punished for his acts or omissions if
there is no law that makes them punishable.
WHAT ARE THE THEORIES IN CRIMINAL LAW
S
1. Classical or Juristic theory - The basis of criminal liability

under this theory is human free will and the purpose of the
penalty is retribution. The emphasis of the law is on the offense
and not on the offender. Ideally applicable to heinous crimes.
Heinous crime is a 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.
Note: The classical theory relates to the famous Biblical dogma of “lif
e
for life, an eye for an eye, a tooth for a tooth,” under the principle of
“lex talionis”, the law of retaliation or retributive justice under the
Hammurabi code.
Cont’. on theories in criminal laws:
2. Positivist or realistic theory - It is viewed under this theory

that man is inherently good and not born criminal but is occa--s
ionally subdued by strange and morbid phenomenon that
compels him to do wrong even if contrary to his own volition.
The purpose of penalty under this theory is reformation, and
the emphasis of the law is on the offender and not the act.
3. Eclectic or mixed theory - This theory is a combination of

the good features of the positivist and classical theories. Thus, c
rimes that have economic and social causes should be given
some leniency or modicum of compassion.
Cont’. on theories in criminal law
4. Utilitarian or Protective Theory – This theory provides

that the primary purpose of punishment in criminal law is
to protect society from the actual and potential wrongdoers.
The retributive aspect of the penal laws should be directed
against the criminals.
SAMPLE QUESTION
Which of these theories that applies the principle of “lex
talionis”?
a. utilitarian theory b. eclectic theory
c. classical theory d. positivist theory
WHAT ARE THE CHARACTERISTICS OF CRIMINAL
LAW?
1. Generality (persons covered)- penal laws are binding on all

persons who live or sojourn in the Philippines whether citizens
or not and regardless of sex, creed, or religion.
Exceptions:
1. Treaty or Treaty Stipulations, ex: RP-US Military Bases Agr
eem
-ent of 1947; RP-US Visiting Forces Agreement (VFA) of 1998;
2. Laws of Preferential Application, ex: R.A. 75, giving immuni
ty
to accredited servants of foreign Ambassadors whose country of
origin grants the same privilege to our Philippine diplomat assig
-ned in their country. Also, Sec.11, Art. 3, 1987 Constitution, on
the so-called “parliamentary immunity” on privileged speeches
cont’. of exception on principle of generality
3. Principles of Public International Law, this in pursuance to t

he
international covenant on exchange of diplomatic representative.
Thus, in relation thereto the following are exempt from the cove-
-age of Philippine penal laws in the exercise of their official
functions:
a. Sovereigns and other head of States;
b. Ambassadors and papal nuncios;
c. Ministers plenipotentiary and Ministers residents; and
d. Charges d’affaires.
NOTE WELL: Consuls are NOT exempt from the application

of the criminal laws of the Philippines.
Cont’. CHARACTERISTIC OF CRIMINAL LAW
2. Territoriality (places covered)- penal laws shall apply only to all

crimes committed within the limits of Philippine territory – AIM.
Exceptions:
a. Crimes committed on board Phil. Registered ships or airships;
b. Act of forging or counterfeiting the currency note or coin or obliga-
tions and securities issued by Phil. Government including the bringing
of these into the country;
c. Crimes committed by public officers or employees in the exercise of
their functions; and
d. Crimes against national security and the law of nations defined in
title one of book two, RPC.
Note: The first par. refers to the Intra-territorial, while the exceptions
refers to the Extra-territorial application of the provisions of the RPC.
Negative illustration of intra-territorial
application of the provisions of the RPC
Jack and Jill are OFW’s in Japan. They work in the same company, and
live in the same boarding house but separate room. Their working contr
acts are now expired. On the eve of their flight back to Manila, Jack ra
ped Jill. Since she is to fly at dawn on that day, Jill was forced to
leave Japan without the case being filed there. Jack and Jill are now in t
he Philippines. If Jill files a case of rape against Jack before the
Philippine court, will the case prosper? The answer is NO
Reason: The rape happened in Japan which is outside of Philippine

territory. Penal laws of the Phil. are enforceable only within the
territory of the Philippines. The crime of rape is not a continuing
offense, nor an excepted felony provided under article 2 of the RPC.
ILLUSTRATION OF EXTRATERRITORIAL APPLICATIO
N OF
RPC IN THE EXERCISE OF PUBLIC FUNCTION
Mr. Suksukni wanted to expedite the papers for his marriage with
his Filipina girlfriend, went to the Philippine Embassy in Tokyo, Japan.
Together with his Filipina fiancee, Mr. Suksukni gave $200 to Mr.
Dimaculangan, a Filipino consul. The papers went through like a
bullet train of Japan. Mr. Dimaculangan committed the crime of
Bribery.
Here, even if the Bribery took place in Japan, Philippine courts can
take cognizance of the case since the crime committed was made by
a Filipino public officer in the exercise of his public function. The
crime of Bribery is an excepted offense under the extraterritorial
application of Philippine penal laws pursuant to article 2 of the RPC.
SITUATIONAL ILLUSTRATION OF CRIMES AGAINST
NATIONAL SECURITY
Col. Zaldy is the Philippine military attache to China. While in C

hina, he sold “top secret” information relative to the defense of th
e Philippines to his Chinese counterpart Mr. Ching Kwan Tai. C
ol. Zaldy is liable for violating the law on espionage.
Even if the selling of top secret information happened in China,

the case can be tried in the Philippines because the crime of
espionage is a crime against national security. If what was
committed by Zaldy is conspiracy to commit rebellion or
sedition, the case cannot be tried in the Philippines since these
are crimes against public order.
Cont’. CHARACTERISTIC OF CRIMINAL LAW
3. Prospectivity aka, Irretrospectivity (effectivity)- penal

laws should apply only to future acts but not to prior acts,
unless if that penal law is favorable to the accused who is
not a habitual delinquent. This characteristic has reference
to the Latin maxim of “lex prospicit non respicit” – the law
looks forward not backward.
In other words, penal laws shall be applicable only to cases

or acts done at the time of their effectivity and onward.
WHAT ARE THE RULES GOVERNING MERCHANT S
HIPS?
1. French rule (flag or nationality principle)- any crimes commi-

-tted on board merchant ships while in another territory is
TRIABLE in the country of registry. But if the crime committed o
n
board affects the peace and order or national security of the host
country, then, it is triable in that country.
2. English rule (territoriality principle)- any crimes committed

on board a merchant ships while in another country that affects
the national security or peace and order of the host country, is
TRIABLE in that country, unless the crime merely affects the inte
r
-nal management of the ship in which case it is to be tried in26the
edimar@calbayogcity.com
THINGS TO REMEMBER ON FRENCH AND ENGLISH
RULE
a. The 2 rules are applicable only to merchant ships;
b. It is the registry of the ship and not the nationality of its owner
or owners is considered. Hence, if the ship is owned by a Filipino
citizen but is registered in Greece (or in any other country), such
ship is a Greek ship; and
c. The 2 rules are inapplicable to crimes committed on board

Warships, as warships are regarded as an extension of a territory
of the country to which it belonged. Thus, any crime committed
on a warship is not triable by any other country wherever and
whenever it maybe at the time of the commission of the crime.
SITUATIONAL ILLUSTRATION OF FRENCH
AND ENGLISH RULE
M/V Edimar, a cargo ship owned by Henry Tan, a Filipino, but

registered in Malaysia, while in Japan to unload cargo, the ship
captain reprimanded his first mate for reporting late for duty.
Having lost his temper, the first mate who is a German national
delivered a fist blow on the face of the ship captain, a Filipino.
Assuming that Japan adopts the French rule, which country

below would the case be tried? How about if what applies in
Japan is English rule, which country will have jurisdiction over
the case?
a. Philippines b. Malaysia
c. Japan d. Germany
HOW PENAL LAW IS INTERPRETED WHEN DOUBT E
XIST?
Liberally in favor of the accused and strictly against the State. As

Between Spanish text and English text, the former shall prevail.
Reason: economic benefit of every citizen.
THUS:
Equipoise doctrine – whenever the evidence of the prosecution
and of the defense is equally balanced, the scale of justice should
tilt in favor of the accused in obedience to the constitutional
presumption of innocence.
Pro reo doctrine – when in the application of a penal law is

susceptible to two interpretations, one favorable and the other is
not, the one favorable shall be adopted and applied.
WHAT IS THE EFFECT OF REPEAL OF CRIMINAL L
AW?
Express repeal of penal laws:

If total repeal – crime is OLBLITERATED; pending case – DISM
ISS
-ED; to serving prisoners – RELEASED FROM PRISON.
Implied repeal (aka, repeal by reenactment) of penal laws:

Pending case is not dismissed since the act punished in first law
is still punished in the new law, like the enactment of R.A. 8353,
the new rape law that changed rape from crime against chastity
to crimes against person, and R.A. 8294, which amended
P.D. 1866 on illegal possession of firearms lowering the duration
of imposable penalty.
WHAT IS THE DUTY OF THE COURT IN EXCESSIVE PENAL
TY
AND ABSENCE OF LAW IN PUNISHABLE ACTS
In any case where the acts may be deemed proper to repress and
which is not punishable by law, the court shall render the proper
decision by acquitting the accused, but shall render a 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
legislation.
When a strict enforcement of the provisions of this Code would result

in the imposition of a clearly excessive penalty, the court without sus-
-pending the execution of the sentence submit such statement as may
be deemed proper taking into consideration the degree of malice and
the injury caused by the offense, through the DOJ for the President to
exercise its executive clemency power.
WHAT ARE FELONIES?
Felonies- are acts and omissions punishable by the Revised Penal

Code. Felonies are committed not only by means of dolo (deceit)
but also by means of culpa (fault).
Act – is any body movement tending to produce an effect, like

act of stabbing or shooting a person with a gun, or falsification.
Omission – refers to inaction or failure by a person to perform a
positive duty which he is required by law to do.
Dolo (deceit)- one that involves malice or deliberate intent.

Culpa (fault)- one that results from negligence, imprudence, lack
of foresight or lack of skill. (NIL-FS)
What does negligence and imprudence mean in CF?
Negligence, refers to a deficiency of perception or failure to pay

proper attention and to use of diligence to avoid a foreseeable
damage or injury. Negligence usually involves lack of foresight.
Imprudence, refers to deficiency of action or failure to take
necessary precautions to avoid damage or injury. Imprudence
usually involves lack of skill.
Note: In culpable felonies, the negligent or imprudent act must be

punishable by law, otherwise the omission is not a crime. Ex. Failure to
report the crime of murder for fear of being killed. But not if there’s
law which punishes omissions, like; misprision of treason and illegal
exaction or failure to issue a receipt by public official.
WHAT ARE THE CLASSIFICATION OF FELONIES?
Felonies according to mode of execution (Art. 3)

1. Intentional felonies - those felonies committed with malice or
deliberate intent. Ex. Murder, Homicide, Estafa, Theft, Etc.
Elements of intentional felony (FII):
1. Freedom- refers to the voluntariness on the part of person in
committing the act or omission.
2. Intelligence- refers to the capacity to know and understand the
consequences of an act or omission, or right from wrong.
3. Intent- is the purpose to use a particular means to effect or attained
the desired result – like using a poison to kill a person.
Hence, in intentional felonies the Actus rea (wrongful act) and Mens
rea (wrongful criminal intent), must be present because “an act can-
-not be criminal unless the mind is criminal”. In Latin-actus non facit
reum, nisi mens sit rea.
CONT’. OF FELONIES ACCORDING TO MODE OF EXECU
TION
2. Culpable felonies, those felonies committed as a result of imp

-rudence, negligence, lack of foresight or lack of skill. Ex. Reck-
-less imprudence resulting to homicide(taxi bumping a child)
Elements of culpable felony (FINIL-FS):

Freedom; Intelligence; NIL-foresight and skill.
A third class, are those defined and punished under special laws
including crimes punished by city or municipal ordinances
known as crimes mala prohibita. But the provision of the RPC is
merely supplementary to such laws.
FELONIES ACCORDING TO STAGE OF EXECUTION
1. Consummated felonies- are those when all the elements nece-

-ssary for its execution and accomplishment are present.
Ex: “X” with intent to kill “M” stabs the latter with a knife resulting in
the instantaneous death of “M”. Or, When a thief obtained complete
control of the stolen item by hiding in his pocket, in the crime of theft.
2. Frustrated felonies- those when the offender performs all the
acts of execution which would produce the felony as a consequ-
nce but which nevertheless do not produce it by reason of causes
independent of the will of the perpetrator.
Ex: “X” with intent to kill “M” shoot the latter with a gun inflicting on
“M” a mortal wound, but because “M” was immediately brought to the
hospital, he was saved by the doctor from unequivocal (clear) death.
CONT’. OF FELONIES ACCORDING TO STAGE OF
EXECUTION
3. Attempted felonies- those when the offender commences the

Commission of a felony directly by overt acts, and does not perf-
-orm all the acts of execution which should produce the felony
by reason of some cause or accident other than his own
spontaneous desistance.
Ex: “X” with intent to kill aimed his rifle against “B”, but because
of poor aim, “X” missed his target of killing “B”, or even if the
intended victim “B” was hit but the wound inflicted is only
superficial or not fatal wound that would warrant death, thus
the act of “X” is still in the attempted stage.
GUIDE TO DETERMINE ATTEMPTED AND FRUSTRAT
ED
STAGE
1. “A” with intent to kill fired at “B” with a gun, but it
jammed – “A” is guilty of ATTEMPTED HOMICIDE.
2. “A” with intent to kill fired at “B” with a gun, but because
of poor aim “B” was not hit - “A” is guilty of ATTEMPTED
HOMICIDE.
3. “A” with intent to kill fired at “B” with a gun and “B” wa
s hit but only superficially in the ear (wound inflicted is not
fatal). “A” is guilty of ATTEMPTED HOMICIDE.
CONT’. OF ATTEMPTED AND FRUSTRATED STAGES
4. A” with intent to kill fired at “B” with a gun. “B” suffered

a very serious or mortal wound. But “B” was immediately
brought to the hospital and was saved by the doctor and
survived. “A” is guilty of FRUSTRATED HOMICIDE.
5. “A”, husband, put poison on the glass of milk of his wife

“B”, the poison is enough to kill “B”, but “A” bothered by his
conscience and love and being a doctor by himself, initiated
first aid upon “B”, thus his wife survives. NO attempted nor
frustrated stage. But “A” may be held liable for SERIOUS
PHYSICAL INJURIES.
DISTINCTION BETWEEN FORMAL AND MATERIAL C
RIMES
Formal Crimes - are those crimes which are ALWAYS consummated in

one instance, because the offender cannot perform the act necessary for
the execution without consummating the offense. Ex. The crime of phy-
-sical injuries are punished as to result, whether serious, Less serious, or
slight since the degree of injury cannot be determined without first con-
-summating the said crime.
Material crimes - are those crimes which have various stages of execu-
-tion, such as, attempted, frustrated, and consummated stage.
But the following crimes do not have frustrated stage:

1. In rape cases since mere skin to skin contact of the penis with the
drawbridge consummates the crime of rape.
CONT’. OF MATERIAL CRIMES
2. In indirect bribery since mere acceptance of the offered gifts

by the public officer by reason of his office consummates the
said crime.
3. In corruption of public officials since once the offer is accep-

-ted, said crime is consummated.
4. In adultery and concubinage since the essence of the crime is

carnal knowledge (sexual intercourse).
IN WHAT CASES WHERE NO ATTEMPTED AND
FRUSTRATED STAGES BUT ONLY CONSUMMATED
STAGE?
Under the following:
1. Offenses punished by special laws, unless the special law itself speci-
-fically provides otherwise.
2. Formal crimes where it is consummated by a single act, like slander, lib
el, adultery, concubinage, etc.
3. Impossible crimes, for how will there be attempted or frustrated stage
as they cannot even be consummated because of its inherent impossibility
4. Crimes consummated by mere attempt, like attempt to flight to an
enemy country, treason, corruption of minors.
5. Felonies by omission, as mere failure to act consummates the crime,
like failure to issue receipts, failure to render assistance to another whom h
e accidentally injured.
6. Crimes committed by mere agreement, like betting is sports.
FELONIES ACCORDING TO GRAVITY OF EXECUTIO
N
1. Grave felonies- those to which the laws attaches the capital

punishment or penalties which in any of their period are
afflictive. Ex: Rape, Murder, Parricide, etc.
2. Less Grave felonies- those which the law punishes with penal
-ties which in their maximum period are correctional.
Ex: Attempted Homicide, Illegal discharge of firearm, etc.
3. Light felonies- those infractions of law for the commission of

which the penalty of arresto mayor or a fine not exceeding two
Hundred (P200.00) pesos, or both, is provided. Ex: Slight physical
Injuries, Alarms and Scandal under Art. 155, RPC.
WHO ARE LIABLE IN LIGHT FELONIES AND WHEN I
S IT
PUNISHABLE?
Light felonies are punishable ONLY when they have been consu
-mmated, with the exception of those committed against person
or property. In light felonies ONLY the principals and accompli-
-ces are liable.
ILLUSTRATION:
“X” who is about to fire his gun in a town plaza when he was apprehe-
-nded before he could fire it. “X” would be liable for Alarms and
Scandals under Art. 155 of the RPC if he was able to successfully fire
the gun. But since the act of “X” is still in the attempted stage, and Ala-
-rms and Scandals is not a crime against person or property but crime
against public order, “X” is therefore NOT liable.
SAMPLE QUESTION
Which of these crimes that are always consummated

because the offender cannot perform the act necessary
for the execution without consummating the offense.
a. public crimes b. material crimes

c. private crimes d. formal crimes
WHAT IS MOTIVE IN THE COMMISSION OF CRIME
Motive, is the moving power or force or reason which impels a

person to do an act for a definite result (like vengeance, hatred,
jealousy, robbery, etc.). Unlike intent, motive is not an element of
crime hence it is not determinant of criminal liability.
However, motive is determinant in the following cases:

1. When the act brings about variant crimes;
2. In determining whether the killing is intentional or
accidental;
3. To determine the specific nature of the crime; and
4. Whether the accused claims self-defense.
WHAT IS CRIMINAL LIABILITY?
Criminal liability-
It is that which can be incurred by any person committing
a felony or by performing an act which would be an
offense against person or property.
What is meant by proximate cause?

It is that cause which in its natural and continuous sequence,u
nbroken by any efficient intervening cause, produces the
injury, and without which the result would not have
occurred.
HOW CRIMINAL LIABILITY IS INCURRED?
Criminal liability is based upon the Spanish maxim: el que es

causa de la causa es causa del mal causado, which means, he
who is the cause of the cause is the cause of the evil caused. It is
incurred by:
1. Any person committing a felony (delito) although the wrong-
-ful act done be different from that which he intended.
2. Any person performing an act which would be an offense agai

-nst person or property, were it not for the inherent impossibility
of its accomplishment or on account of the employment of inad
-quate or ineffectual means. This second paragraph refers to the
principle of IMPOSSIBLE CRIME. (Art. 4, RPC)
WHAT ARE THE 3 SCENARIOS UNDER PAR. 1 OF ART.
4, RPC
1. Error in personae (mistake in the identity of the victim): it is an

instance wherein the offender actually inflicted an injury on an inten-
-ded victim but the actual victim turns out to be a different person.
(People vs. Oanis, 74 Phil. 257)
Illustration: “A” believing that it was “B” who is walking on a dark alle
y fired his gun upon the latter, but it turn out that it was “C”, his father
who died thereof. “A” shall be liable for parricide.
Note: In error in personae, the intent to kill is deemed transferred to
the actual victim under the principle of “transferred intent rule”. There
are two people involved under this doctrine – the offender and the
unintended victim.
WHAT IS ABERRATIO ICTUS?
2. Aberratio Ictus (mistake in the blow) – it is an instance where-

-in the offender delivers a blow to an intended victim but the
blow landed on a different person.
Illustration: “A” with intent to kill struck with his bolo upon “B”
but missed, and instead hit “C”, who was behind resulting its
death. “A” shall be liable for his attempt to kill “B”, and also for
the death of his unintended victim “C”. So, “A” committed a com
plex crime of Homicide with Attempted Homicide as a result of
the performance of his single act.
Note: Under this principle, there are 3 persons involved, that is: the
offender; the intended victim who was not hit or slightly hit; and the
unintended victim who was actually hit.
WHAT IS PRAETER INTENTIONEM?
3. Praeter intentionem or lack of intent to commit so grave a

wrong – it is an instance wherein the resulting injury inflicted by t
he offender upon the intended victim is graver than what he has in
tended.
Illustration: “A” without intending to cause a graver injury, slaps
“B” on the face, but the latter got off balanced and hit her head
on the cemented floor resulting her death. “A” shall be liable for
the resulting felony of Homicide. The penalty imposable is
reclusion temporal in its minimum.
Note: There are 2 people involved under this principle: the offender
and the actual victim. Preater intentionem is a mitigating circums-
-tance.
WHAT IS AN OVERT ACT?
Overt act, is an outward act done in pursuance and manifestation of a

criminal intent or design. The overt act must have an immediate
and necessary relation to the intended offense.
Illustration: “X” was caught after he had made an opening on the wall
of a store. The overt act of opening the wall cannot as yet be used as a
determining factor for the crime of robbery because the purpose in ope
ning the wall is not yet known. In the situation, “X” maybe held
liable for ATTEMPTED TRESPASS TO DWELLING.
NOTE: The overt act of opening the wall of the store will lead to the
conclusion of robbery only when “X” had already performed the
crime of robbery.
WHAT IS CONSPIRACY AND PROPOSAL
TO COMMIT FELONY?
Conspiracy, is one which exists when two or more persons come

to an agreement concerning the commission of a felony and
decided to commit it. In conspiracy the act of one is the act of al
l.
Implied conspiracy is one where the perpetrators acted in con-
-cert, demonstrating unity of criminal intent or purpose notwith
-standing lack of prior agreement
Proposal, is one where a person who has decided to commit a
felony proposes its execution to some other person or persons.
NOTE: Conspiracy and proposal to commit felony are punishable only in the
cases in which the law specially provides a penalty therefore. This is because
conspiracy and proposal are still in the planning stage of the felony.
CONT’. OF CONSPIRACY AND PROPOSAL
Examples of conspiracy as a felony:

1. Conspiracy to commit Treason
2. Conspiracy to commit Rebellion or Insurrection
3. Conspiracy to commit Arson
4. Conspiracy to commit Coup d’etat
5. Conspiracy to commit Sedition
6. Conspiracy to commit Terrorism under R.A. 9372
Examples of proposal to commit felony:

1. Proposal to commit Treason
2. Proposal to commit Rebellion and Insurrection
3. Proposal to commit Coup d’etat
4. Proposal to commit Terrorism under R.A. 9372
WHAT ARE THE CIRCUMSTANCES AFFECTING CRI
MINAL LIABILITY?
1. Justifying circumstances- those wherein the acts of the

actor are in accordance with law, hence, no criminal or civil
liability except in the doctrine of “state of necessity” or
avoidance of greater evil or injury. (Art. 11, RPC)
2. Exempting circumstances- those circumstances which if

present in the commission of a felony would exculpate or
free the actor from any criminal liability but not from civil
liability. (Art. 12, RPC)
CONT’. Of CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY
3. Mitigating circumstances – those circumstances which if pre-

-sent in the commission of the crime would only have the effect
of reducing the imposable penalty but not to entirely free the act
or from criminal and civil liability. (Art. 13, RPC)
Two kinds of mitigating circumstance:

1. Ordinary mitigating- one which can be offset by aggravating, and
which if present tends to reduce the penalty by periods.
2. Privileged mitigating- one which cannot be offset by any aggrava-

-ting circumstance and which if present tends to reduce the penalty
by degrees.
CONT’. OF FIVE CIRCUMSTANCES
4. Aggravating circumstances – those which if present in the commi-

-ssion of the crime would have the effect of increasing the imposable
penalty due to greater perversity by the offender in committing the
crime, or change the nature of the crime without however exceeding
the maximum period provided for by law for the offense committed.
Kinds of Aggravating circumstances:
a. Specific- those that apply only to particular felony like cruelty in
crimes against persons or ignominy in crimes against chastity.
b. Generic- those which can be applied to crimes like dwelling, reci-
-dism, in consideration of price, reward or promise.
c. Inherent- that which is part of the felony committed as in unlawful
entry in robbery with force upon things, or evident premeditation in
theft or robbery.
CONT’. OF CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY
d. Qualifying- those which if present would alter or change the nature

of the crime as in treachery or by means of poison in murder, or grave
abuse of confidence which make stealing a case of qualified theft.
NOTE: Qualifying aggravating circumstances must be alleged in the
information for them to be appreciated as qualifying. (Art. 14, RPC)
5. Alternative circumstances – those circumstances which

must be taken into consideration as aggravating or mitiga-
-ting according to the nature and effects of the crime and
other conditions attending its commission. (Art. 15, RPC)
THE FOLLOWING ARE JUSTIFYING CIRCUMSTANC
ES
a. Self-defense, its elements (URL):

Unlawful aggression which must come from the victim;
Reasonable necessity of the means employed to prevent or repel the
aggression employed by the accused;
Lack of sufficient provocation on the part of the person defending
himself. Meaning, that the accused gives no reason of being provoked .
Unlawful aggression- means an assault or attack or a threat in an

imminent and immediate manner which places the defendant’s life in
actual peril.
NOTE: mere intimidating attitude is not sufficient which must be

positively strong that shows the wrongful intent.
CONT’. OF JUSTIFYING CIRCUMSTANCES
b. Defense of relatives, its elements: U+R and Lack of participation by

the person making the defense even if the relative being defended
gave reasons of being attacked, provided that the one making the
defense had no knowledge thereof.
Relatives for purposes of applying this circumstance? (SADBroSA
C)
Spouse; Ascendants; Descendants; Legitimate, natural, or adopted
brothers or sisters; Relatives by affinity in the same degree of the offe-
-nder that includes parents-in-law and brothers or sisters-in-law;
Relatives by consanguinity within the fourth civil degree of the offe-
-nder which includes aunts and uncles, and nephews and nieces.
Note: Any person not included in the above-mentioned definition of

relatives should be treated as Strangers.
CONT’. OF JUSTIFYING CIRCUMSTANCES
c. Defense of strangers, its elements: U+R and the person making the
defense be not induced by revenge, resentment or other evil motive.
d. Avoidance of greater evil or injury (State of necessity), its element
s:
The evil sought to be avoided actually exists; the injury feared is
greater than that done to avoid it; there be no other practical or less
harmful means of preventing it.
e. Fulfillment of a duty or lawful exercise of right or office. Thus, a
policeman responding to a robbery alarm and on the process killed the
robbers, he incurs no criminal and civil liability.
f. Obedience to a lawful order issued by a superior. There must be a
n
order issued by a superior officer and that order must be for a lawful
purpose and executed with edimar@calbayogcity.com
a lawful means by the subordinate. 61
THE FOLLOWING ARE EXEMPTING CIRCUMSTANCES
1. Imbecility and insanity

Note: Imbecility is always exempting while Insanity is NOT if an
insane committed the crime during a lucid interval.
2 - 3. Minority - Note: Pursuant to R.A. 9344: minor 15 years old and
below is totally exempt from criminal liability. Minor above 15 but
below 18 years of age is likewise exempt unless such minor has acted
with discernment while committing the crime. Minority is a privileged
mitigating circumstance that warrants one degree lower of the impo-
-sable penalty than that imposed by law. (Art. 64. 2nd par. Of RPC)
4. Accident - Note: Any person who, while performing a lawful act
with due care, causes an injury by mere accident without fault or
intention of causing it. Accident refers to any happening beyond the
control of a person the consequences of which are not foreseeable.
CONT’. OF EXEMPTING CIRCUMSTANCES
5. Acting under the Compulsion of an irresistible force.

6. Acting under an Impulse of an uncontrollable fear of an equal or
greater injury.
Distinction of irresistible force (IF) and uncontrollable fear (UF):
IF, the offender uses violence or physical force to compel a person to
commit the crime, while UF, the offender uses threat or intimidation to
compelling another to commit the crime. Since the accused acted with
-out freedom, he incurs no criminal liability. “actus me invito factus
non est meus actus – “an act done by me against my will is not my act”.
7. Failure to perform an act required by law, when prevented by so
me
lawful insuperable cause. NOTE: This applies to crime by omission.
Insuperable cause – is that cause which prevents a person to do what
the law requires him to perform.
OTHER CIRCUMSTANCE WHICH MAY EXEMPT A PE
RSON
FROM CRIMINAL LIABILITY
Instigation is one which takes place when a peace officer induces an
innocent person to commit the offense. It is exempting because the
mens rea originates from the police officer and for reason of public
policy. But if the instigation was made by a private person it is not
exempting. It is different from entrapment as when ways and means
are resorted to by the peace officer like buy bust in order to apprehend
a person who has committed a crime. Entrapment is not exempting.
Absolutory cause- are those where the act committed is a crime but
for reason of public policy the accused is exempt from criminal
Liability. Example of absolutory cause are: spontaneous desistance of
Art. 6; accessories exempt from criminal liability under Art. 20; Person
mentioned in Art. 332 for theft, estafa and malicious mischief, instiga-
-tion; Art. 247 on exceptional circumstances, and marriage in art. 334
THE FOLLOWING ARE MITIGATING CIRCUMSTANC
ES
1. Incomplete justifying (IJ) and incomplete exempting (IE)

circumstances. Note: In IJ, unlawful is an indispensable element.
Hence, it could be a U + R or U + L for accused to avail of this mitiga-
-ting circumstance. In IE, the accused is guilty of sort of contributory
Negligence.
2. The offender is under eighteen year of age or over seventy years.

Minor over 15 but below 18 years old and acted with discernment-
LIABLE but on a mitigated penalty by one degree lower than that
imposed by law (2nd par Art. 68)
Over 70 years old accused – MITIGATED LIABILITY- if death is
imposed it shall be commuted (lowered) to reclusion perpetua.
CONT’. OF MITIGATING CIRCUMSTANCES
3. Lack of intent to commit so grave a wrong. (Preater intentionem)

4. Sufficient provocation or threat on the part of the victim.
5. Immediate vindication of a grave offense committed by the victi
m
upon the accused or upon the accused spouse, ascendants, or relativ
es
by affinity within the same degrees. NOTE: To determine the gravity
of
the offense, the age, social standing of the accused, and the time and
place when the offense was committed are to be considered.
6. Passion or obfuscation, to be mitigating, the passion or obfuscation
must arise from a lawful sentiments provoked by prior improper
conduct of the victim.
7. Voluntary surrender byedimar@calbayogcity.com
the accused to a person in authority66 or h
CONT’. OF MITIGATING CIRCUMSTANCES
8. The offender is deaf and dumb, blind or otherwise suffering som

e
physical defect which thus restricts his means of action, defense, or
communications with his fellow beings.
9. Illness that diminishes the will-power of the offender.

NOTE: The illness suffered by the accused though affect his will power
(mind) but NOT amounting to insanity, like of too much anger in the fit
of too much jealousy by a husband with his wife.
10. Analogous circumstances of similar nature, like returning stolen

property in theft cases, or a crime committed by a 60 year old with
failing eyesight is analogous to a crime committed by a 70 year old
accused. edimar@calbayogcity.com 67
THE FOLLOWING ARE AGGRAVATING CIRCUMST
ANCES
1. That advantage was taken by the offender of his public position.

2. Crime was committed in contempt of or with insult to the public
authorities.
3. The act was committed (a) with insult or in disregard of the respe
ct
due the offended party on account of his rank, age, or sex, or that (
b) it
be committed in the dwelling of the offended party, if the latter has
not given provocation.
4. The act was committed with abuse of confidence or obvious
ungratefulness.
5. The crime was committed in the (a) palace of the Chief Executive
or
(b) in his presence, or (c) where public authorities are engaged
edimar@calbayogcity.com 68 in th
CONT’. OF AGGRAVATING CIRCUMSTANCES
6. The crime was committed in the night time, or in an uninhabited

place, or by a band, whenever such circumstances may facilitate the
commission of the offense.
Note: Whenever more than three armed malefactors shall have acted
together in the commission of an offense, it shall be deemed to have been
committed by a band (en cuadrilla). And for night time to be appreciated
as aggravating it must be specifically sought for by the accused to afford
impunity (escape punishment) or otherwise facilitate his escape.
7. The crime was committed on the occasion of a conflagration, ship
-
-wreck, earthquake, epidemic or other calamity or misfortune.
8. The crime was committed with the aid of armed men or persons
who insure or afford impunity.
9. The accused is a recidivist.

Recidivist -is one who, at the time of his trial for one crime shall have
been previously convicted by final judgment of another crime embraced
in the same title of this Code.
Quasi- recidivist -is one which takes place when a person before serving
sentence or while serving sentence shall commit another felony.
Reiteracion or habituality – is when the accused at the time of his trial fo
r
an offense, had previously served a sentence for an offense to which the
law attaches an equal or greater penalty or for two or more crimes to
which it attaches a lighter penalty.
Habitual delinquency (aka, multi-recidivist) – this occurs when within a
period of 10 years from the date of conviction or last release of a person
for any of the crimes of falsification, robbery, estafa, theft, serious or le
ss
Serious physical injuries, he is found guilty the 3rd time or oftener.
CONT’. OF AGGRAVATING CIRCUMSTANCE
10. The offender has been previously punished by an offense t

o
which the law attaches an equal or greater penalty or for two
or
more crimes to which it attaches a lighter penalty.
Note: This is the case of reiteracion or habituality, wherein des-
-pite the previous punishment by the offender, he did not learn
his lesson.
11. The crime was committed in consideration of a price, rewa

rd,
or promise. edimar@calbayogcity.com 71
12. The crime was committed by means of inundation, fire, poison,

explosion, stranding of a vessel or intentional damage thereto, dera-
-ilment of a locomotive, or by the use of any other artifice involving
great waste and ruin.
13. The act was committed with evident premeditation.
Note: Evident premeditation is inherent in the crime against property.
14. That craft, fraud or disguise was employed.

Craft, is intellectual trickery and cunning resorted to by the accused in com-
-mitting the crime.
Fraud, it involves deceit by insidious words and machination.
Disguise, this is resorted to by the accused to conceal (hide) his identity like
covering the face with a handkerchief.
Fraud is one which constitutes deceit manifested by insidious (deceptive)

words or machinations (wily plot) like making somebody to believed
one’s act or thing as true. There is disguise when the offender resorted to
conceal his identity like wearing a bonnet mask or blackening the face of
the offender. Thus, if the offender was recognized in spite of using dis-
-guise, there is no aggravating circumstance of disguise.
15. That advantage be taken of superior strength, or means be emp
-
-loyed to weaken the defense.
16. The act was committed with treachery (alevosia). Note: There is
treachery when the offender commits any of the crimes against the per-
-son, employing means, methods, or forms in the execution thereof
which tend directly and specially to insure its execution, without risk to
himself arising from the defense which the offended party might make.
17. That means be employed or circumstances brought about which

add ignominy to the natural effects of the act.
Ignominy- is a circumstance which adds disgrace and obloquy (to hum-
-iliate) to the injury caused by the crime, like; raping the wife in the
presence of her husband after robbing them, or putting mud on the geni-
-tal organ of the victim after raping her, or putting “cogon” grass around
the offender’s penis before raping the victim.
18. The crime was committed after an unlawful entry.

Note: There is an unlawful entry when an entrance is effected by way
not intended for the purpose like entering through a window, but
breaking the door to enter is not unlawful entry as this is covered by
par. 19 of art. 14,RPC.
There is no unlawful entry in trespass to dwelling or in robbery with force

upon things as it is inherent in these crimes.
19. That as a means to the commission of a crime a wall, roof, floor,
door, or window be broken.
20. The crime be committed with the aid of persons under fifteen
years of age or by means of motor vehicles, motorized watercraft,
airships, or other similar means.
21. The wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commissio
ns.
Note: There is Cruelty when the accused deliberately augmenting to the phy-
-sical pain and suffering of the victim while still alive and have enjoyed and
delighted watching the victim suffers gradually. Ignominy refers to the mo-
-ral suffering of the victim, while, cruelty refers to the physical suffering of
the victim.
THE FOLLOWING ARE ALTERNATIVE CIRCUMSTA
NCES
ACRONYM: R-I-D-E
Relationship - The alternative circumstance of relationship is mitigating
in crimes against property , and it is aggravating in crimes against perso
n
except in less serious or slight physical injury which is mitigating. Relati-
-onship shall be considered only when the offended party is SADBroSA
including stepparent and stepchildren and adopted and the adopter. In
the case of brothers/sisters related by blood and in law- they must be
living together.
Intoxication- Intoxication is mitigating when the offender has commit-
-ted a felony in a state of intoxication, and the same is not habitual or
subsequent to the plan to commit the felony. If intoxication is habitual or
intentional, it shall be considered as aggravating circumstance.
Degree of instruction or education- High degree of education is always
aggravating never mitigating when applicable, while low degree of
education is always mitigating never aggravating when applicable.76
WHO ARE PERSONS CRIMINALLY LIABLE
1. Principal, its form:

a. Principal by direct participation (PDP)- who take a direct part in the
execution of the act;
b. Principal by inducement (PBI)- who directly force or induce others to
commit it;
c. Principal by indispensable cooperation (PIC)- who cooperate in the
commission of the offense by another act without which it would not
have been accomplished.
Note: In PBI and PIC, PDP is an indispensable partner in the crime.
2. Accomplice
is one who, not having participated as principal cooperates in the execu-
-tion of the offense by previous or simultaneous act. He is also known as
accessory before the fact. An accomplice must NOT conspire with the
PDP or be part of the conspiracy in committing the crime.
CONT’, OF PERSON CRIMINALLY LIABLE
Accessory
Those who, having knowledge of the commission of the crime and without
having participated as principals or accomplices, takes part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of
the crime. NOTE: P.D. 1612, the Anti-fencing law is applicable upon this kind of
accessory.
2. By concealing or destroying the body of the crime or the effects or instru-
-ments thereof to prevent its discovery.
3. By harboring, concealing or assisting in the escape of the principal of the
crime, provided the accessory acts with abuse of public functions OR when-
-ever the 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. NOTE: P.D. 1829, on obstruction of justice may apply
to this kind of accessory.
PENALTIES IN GENERAL
WHAT IS PENALTY?
Penalty is the punishment imposed by the lawful authority upon
a person who commits an unlawful, deliberate or negligent act.
Note: No felony shall be punishable by any penalty not prescribed by
law prior to its commission – nullum crimen nulla poena, nulla poena
sine lege. – there is no crime where there is no penalty, there is no
penalty without law.
What are the 3 fold purpose of penalties under the RPC?
1. As a Retribution or Expiation – that penalties should be commensu
-
-rate with the nature and gravity of the crime.
2. As a Correction or reformation – that penalties are imposed to refo
-
-rm a criminal.
3. As a Social defense – that society has an existence to maintain79and
WHAT ARE THE CLASSIFICATION OF PENATI
ES
1. Principal penalties – those that are expressly imposed by the court.
Capital punishment - Death
Afflictive penalties – those imposable to grave felonies.
Reclusion perpetua – has a duration of 20 yrs. and 1 day to 40 years.
Reclusion temporal -12 yrs. and 1 day to 20 years.
Prision mayor – 6 yrs, and 1 day to 12 years.
Correctional penalties - those imposable to less grave felonies.

Prision correccional – 6 months and 1 day to 6 years.
Arresto mayor – 1 month and 1 day to 6 months.
Suspension – 6 months and 1 day to 6 years. When imposed as an
accessory penalty the duration shall be that of the principal.
Destierro – 6 months and 1 day to 6 years.
CONT’. OF CLASSIFICATION OF PENALTY
Light penalties – those that are imposable to light felonies.

Arresto menor – 1 day to 30 days
Public censure
2. Accessory penalties- those deemed included in the imposition of
the principal penalties.
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for,
profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.
DIFFERENCE OF PREVENTIVE IMPRISONMENT AND
SUBSIDIARY IMPRISONMENT
Preventive imprisonment (PI)
is that period of detention undergone by an accused charged with a
non-bailable crime or even if bailable, the detention prisoner cannot
afford to post the bond for his temporary liberty. Rule on PI:
1. If the detention prisoner agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners, accused shall be credi-
-ted FULL TIME of his PI, if not he shall be credited only of 4/5 of the time,
except if recidivist or convicted previously twice or more of any crime, or
fail to surrender when summoned for the execution of his sentence.
2. When accused have already undergone PI for a period equal to or more
than the possible maximum penalty of his sentence for the offense charged
and his case is not yet terminated, he shall be released immediately without
prejudice to the continuation of the trial. In case the maximum penalty to
which the accused may be sentenced is destierro, accused shall be released
after thirty (30) days of his PI.
Cont’. Of PI and SI
Subsidiary imprisonment (SI)

is the personal penalty prescribed by law in lieu or substitution of
the payment of fine embodied in the decision when the same can-
-not be satisfied because of the culprit’s insolvency, at a rate of
P8.00 per day.
NOTE: NO subsidiary imprisonment if the penalty imposed is higher than

prision correccional. Thus the rule: If the penalty imposed is prision correc-
-cional or arresto and fine, the SI must not exceed 1/3 of the term of the
sentence and in no case to continue for more than 1 year. No fraction or part
of the day shall be counted against the accused. If the accused is prosecuted
for grave or less grave felony and the principal penalty imposed is FINE only,
the SI shall not exceed 6 months, and for light felony must not exceed 15
days.
WHAT ARE CRIMES THAT ARE NON-BAILABLE?
In crimes where the imposable penalty is death or reclusion

perpetua and the evidence of guilt is strong, the accused
shall NOT be entitled to post BAIL for his temporary liberty
while his case is pending trial. Thus, if the evidence of guilt
is not that strong, the accused is still entitled to post bail.
Under the Rules on Criminal Procedure the penalty of life
imprisonment is also not bailable, if the evidence is strong.
NOTE: The penalty of death was re-imposed pursuant to RA. 7659, the
heinous crimes law, but RA 9346 now prohibits the imposition of
death penalty which was signed in June 24, of 2006 by Pres. GMA.
WHEN IS THE PENALTY OF DEATH NOT IMPOSED A
ND
SUSPENDED
Death shall not be imposed:
1. When the guilty person is below 18 years of age when he commi-
-tted the crime.
2. When the guilty person is more than 70 years old, in which case the
penalty shall be commuted to reclusion perpetua.
3. When upon appeal or automatic review of the case by the Supreme
court, the required majority vote is not obtained for the imposition of
the death penalty, in which case, the penalty is reclusion perpetua.
The death sentence shall not be inflicted:
1. Upon a woman while she is pregnant.
2. Within 1 year after delivery (after giving birth to a child)
3. Upon a convict who became insane after rendering of final
judgment in which case he shall be committed to a gov’t. asylum for
insane person for treatment.
WHAT ARE CRIMES PUNISHABLE BY DEATH
Per RA. 7659, the following are punishable by death:

1. Treason 12. Plunder
2. Qualified Piracy 13. Destructive Arson
3. Qualified Bribery 14. Carnapping
4. Parricide
5. Murder
6. Infanticide
7. Kidnapping and Serious Illegal Detention
8. Robbery with homicide, rape,intentional mutilation or arson
9. Rape with homicide, Rape with the use of deadly weapon, Rape
committed by 2 or more persons.
10. Qualified Rape
11. Violation of certain provision of RA. 9165
WHEN IS THE PENALTY OF FINE AFFLICTIVE,
CORRECCIONAL OR LIGHT PENALTY
A fine, whether imposed as a single or as an alternative penalty,

shall be considered:
a. If the fine exceeds 6,000 pesos - Afflictive penalty
b. If the fine does not exceed 6,000 pesos but not below 200
pesos - Correctional penalty
c. If the fine is below 200 pesos - Light penalty
Thus the query:
What kind of penalty if the amount of fine is exactly 200 pesos?
Ans: CORRECCIONAL PENALTY, pursuant to Art. 26, RPC.
What kind of felony if the fine imposed is exactly 200 pesos?
Ans: LIGHT FELONY, pursuant to Art. 9 RPC, light felony is an infractio
n
of law for the commission of which the penalty of arresto menor or a fine
not exceeding 200 pesos or both, is provided.
IN WHAT CASES THE PENALTY OF DESTIERRO IS IMP
OSED
The penalty of destierro is imposed on the following cases:

1. In cases falling under Art. 247 of the RPC, for serious physical
injuries or death under exceptional circumstances. But if the injuries
Inflicted is one other than serious physical injuries, he shall be exempt
from punishment.
2. In case of failure to give bond for good behavior under Art. 284 RPC
3. As a penalty for the concubine in the crime of concubinage under
Art. 334, RPC.
4. In cases where after reducing the penalty by one or more degrees,
destierro is the proper penalty.
NOTE: Any person sentenced to destierro shall not be permitted to enter the place or
places designated in the sentence within the radius therein specified, which shall be
not more than 250 but not less than 25 kilometers from the place designated.
WHAT ARE THE KINDS OF CRIMES
1. Simple crimes- those which the RPC defines and prescribes a pena-
-lty in a single article. Ex. Homicide, Murder, etc.
2.Plurality of crimes – those when the offender commits many crimes,

each with corresponding penalty distinct and separate from those of
the others.
Types of plurality of crimes:
a. Real or material plurality- arises when each act is a product of dis-
-tinct criminal impulse that produces as many crimes as there are acts
Ex. Theft after committing the principal purpose of rape, etc.
b. Ideal plurality- arises where an acts is a product of a single crimina
l
impulse, that would constitute single continuing crime. Ex. In
continued crime or delito continuado and continuing crime.
Cont’. Of plurality of crimes
c. Special complex crimes (aka, Composite crimes or single indivisi

ble
offense)- those crimes specifically defined by the RPC as a single crim
e
with a single penalty but composed of two simple crimes. Ex: Rape
with homicide; Robbery with rape; Robbery with Arson; Kidnapping
with Rape; Kidnapping with homicide.
d. Complex crimes- is one where a single act constitutes 2 or more

grave or less grave felonies or when an offense is a necessary means
for committing the other. The penalty to be imposed in these crimes
shall be that of the MORE SERIOUS CRIME, and in the maximum
period. NOTE: Light felonies cannot be complex with grave or less
grave felonies. edimar@calbayogcity.com 90
2 kinds of complex crimes under Art. 48, RPC

a. Compound crime (aka, delito compuesto)- is when a single act
constitutes 2 or more grave or less grave felonies.
Ex: In double homicide or murder; in multiple homicide, Homicide
with frustrated or attempted homicide.
b. Complex crime proper (aka, delito complejo)- is when an offense is

the necessary means of committing another offense.
Ex: Estafa through falsification of commercial documents; Malver-
-sation through falsification of public document, etc.
NOTE: Complex crime refers only to felonies under RPC, hence it cannot be
complex with violation of special penal laws. Thus, where “A” issues an
unfunded check in payment of goods, “A” is liable for estafa under RPC and
one for violation of BP Blg. 22, a special law.
No complex crime in the following offenses:

1. In cases of continuing crimes, like Rebellion
2. When one offense is committed to conceal the other crime, like where
the principal purpose is to kill the victim and order to hide the
killing, accused burn the house together with the victim. The crime is
Murder
3. When the other crime is an indispensable part or an element of the
offense, like in trespass to dwelling to commit the real criminal objective
of Robbery.
4. Where the offense is punishable by special law, like estafa and BP
blg. 22
5. In cases of special complex crimes, like Robbery with Homicide.
6. When the law provides for a two-tiered penalty, like Direct Bribery
Delito continuado or continued crime- is one where the accused is

impelled by a single criminal impulse but commits a series of overt
acts at about the same time and place and for the same offense. Thus,
where the accused robbed the occupants in 5 houses located in one resi-
-dential compound, one after the other, he shall be liable for only one crime
of Robbery OR the taking of 6 roosters owned by 6 different owners in the
same yard, as he is impelled by a single criminal impulse.
What is the doctrine single larceny? It is a doctrine popular in the US where

the taking of a property or properties belonging to the same or different
person by a series of acts arising from single criminal intent or resolution
constitutes only one crime. An exception to this doctrine is the use of a SUB-MA-
-CHINE GUN, where every press of the trigger releases several bullets that killed
several victims, will result to as many crimes as there persons killed.
What is a continuing crime?

It is one where any of the elements of the offense is committed in diffe-
-rent localities such that the accused may be charged in any place where
an essential element of the crime was committed. Ex: Rebellion; Kidnap-
-ping and serious illegal detention. NOTE: Venue in continuing crime is
determined by the place where any of the elements of the crime was
committed.
What is a two-tiered penalty?
That which occurs when the law provides that a penalty to a particular
crime is in addition to the penalty imposable for another crime which results
from the commission of such particular crime.
Ex: In Maltreatment of prisoners which is punishable by prision correccional in its
medium period to prision mayor in its minimum period in addition to his liability for
the physical injuries if a public officer shall overdo himself in the correction or
handling of prisoner under his charge.
WHAT IS THE THREE-FOLD RULE IN THE
SUCCESSIVE SERVICE OF SENTENCE?
The three-fold rule – is a rule if the convict were to suffer several

penalties, the maximum duration of his sentence shall not be more
than three times the length of time corresponding to the most severe
penalty. NOTE: The three-fold rule applies only where the convict
were to suffer at least 4 penalties. If he is to suffer for 3 penalties only
the convict has to serve them simultaneously if the nature of the
penalties will so permit, otherwise he has serve in the order of severity
of the penalties in succession. EX: The convict was sentenced of 4 penaltie
s
for 4 different offenses; 6 yrs, 6 yrs, 7 yrs, 8 yrs. To apply the 3-Fold rule, get
the most severe of the penalty, which in this case is 8 yrs, then multiply by 3.
The result is 27 yrs. Hence the convict has to suffer for 24 yrs only instead of
27 years imprisonment. For reclusion perpetua, the duration shall be comp-
-uted at 30 years, but in no case shall it exceed 40 yrs as maximum period.
WHAT IS A COMPLEX PENALTY?
A complex penalty, is a penalty composed of 3 distinct penalties, each

penalty forms a period wherein the lightest of them shall be the mini-
-mum, the next the medium, the most severe shall be the maximum.
Example: Reclusion temporal to death – that is Death is the maximum;
Reclusion perpetua is the medium; Reclusion temporal as the
Minimum.
What is an indeterminate sentence law? It is law which modified the
imposition of penalties under the RPC and special laws that mandated
the court to fix a minimum and maximum period of penalty pursuant
to Act No. 4103, which entitles the convict to apply for parole after
serving the minimum of his sentence and to serve the rest of his sen-
-tence outside of prison wall under the supervision of the Probation
Officer, hence he not yet actually discharge of his sentence.
HOW IS CRIMINAL LIABILITY TOTALLY EXTINGUI
SHED
ACRONYM: DASPPAM
Death, extinguishes criminal liability even before finality of judgment,
pecuniary (monetary) liabilities, extinguished only if convict dies
before final judgment, and shall survive if convict dies after finality of
sentence. NOTE: Judgment of conviction shall become final after the lapse of
15 days from rendition of sentence, and in cases which requires an automatic
review by the Supreme Court (now, CA before SC), after the judgment of
conviction is affirmed or modified by the SC.
Amnesty- is a sovereign act of putting into oblivion for past acts gran-
-ted by the State (government) to a certain class of persons charged or
guilty of crime (usually political offenses) and often conditioned upon
their to obedience and duty within a prescribed time. Thus, Amnesty
erases the effects of criminal liability but not the civil liability.
CONT’. OF TOTAL EXTICNTION OF CRIMINAL LIABI
LITY
Service of Sentence- It is a ground for extinction of criminal liability once

the sentence has been fully served by the convict, but it does not extin-
-guish civil liability.
Prescription of crime- refers to the loss or forfeiture of the right of the

State to prosecute the offender after the lapse of a certain time fixed by
law. Thus the period of prescription of crimes:
1. Death, reclusion perpetua and reclusion temporal – 20 years.
2. Other afflictive penalties (prision mayor) – 15 years
3. Correctional penalties – 10 years, except for arresto mayor – 5 years.
4. Libel or similar offenses – 1 year
5. Grave oral defamation and Slander by Deed – 6 months
6. Light penalties – 2 months
CONT’. OF TOTAL EXTICNTION OF CRIMINAL LIAB
ILITY
When does the period of prescription of offenses begins to run?

The period of prescription of crimes shall commence to run:
1. IF KNOWN, from date of the commission of the crime,; or
2. If NOT KNOWN, from date of discovery by the offended party, the
authorities, or their agents.
NOTE: The prescriptive period is interrupted by the filing of the comp-

-laint or information, and shall commence to run again when such
proceedings terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not imputable to
the accused. The term of prescription shall not run when the offender
is outside of the Philippine, except if there is an extradition treaty
between the Philippines and the country where the accused has fled.
LITY
Prescription of penalty- it is the loss or forfeiture of the right of the

State to execute the final sentence after the lapse of a certain period of
time fixed by law. Thus the period of prescription of penalties:
1. Death and reclusion perpetua – 20 years
2. Other afflictive penalties(reclusion temporal, prision mayor)-15 yrs
3. Correctional penalties – 10 years, except for arresto mayor – 5 yrs
4. Light penalties – 1 year.
Note: The period of prescription of penalties shall commence to run
from the date the culprit evades the service of his sentence after final
Judgment. It is interrupted if the accused surrenders, captured, or
should go to a foreign country with which the Phils. has no extradition
treaty, or should commit another crime before the expiration of the
period of prescription.
LITY
Absolute Pardon- is an act of grace proceeding from the power entrusted

with the President which exempts the offender from punishment the law
inflicts for the crime he has committed.
Distinction between Pardon and Amnesty:
1. Pardon includes any crime; Amnesty generally given to political crimes;
2. Pardon is given after conviction; Amnesty is given even before conviction or
institution of the crime;
3. Pardon looks forward and forgives the punishment; Amnesty looks backward
and abolishes the crime itself;
4. Pardon as a defense must be proved; the court may take judicial notice on
Amnesty as it is the result of proclamation;
5. Pardon is granted by the President alone; Amnesty needs the concurrence of
the Majority of all the members of Congress;
6. Both do not extinguish civil liability.
DISTINCTION OF PARDON GRANTED BY THE PRESI
DENT
AND BY THE OFFENDED PARTY
1. Pardon by the President applies to any crimes; Pardon by the
offended party applies only to crimes against chastity and rape;
2. Pardon by the offended party in seduction, abduction, acts of lasci-
-viousness extends to co-principals, accomplices and accessories. In
Adultery and Concubinage, the pardon must include both offenders;
Pardon by the President can be granted to any or all of the offender;
3. Pardon by the offended party cannot be made subject to a condition;
Pardon by the President may be without condition (absolute) or with-
-out condition (conditional).
NOTE: The pardoning power of the President does not extend to cases
of impeachment
HOW IS CRIMINAL LIABILITY PARTIALLY EXTING
UISHED
1. Conditional pardon- it is silent contract or covenant between the

President and the convict which the latter is mandated to comply with
the conditions otherwise if he violates the condition of his pardon, the
President may order his recommitment (re-arrest).
2. Commutation of sentence- is an act of the President reducing the
Degree of the penalty inflicted upon the convict or by decreasing the
length of imprisonment or the amount of fine. Death sentence impo-
-sed upon a convict over 70 yrs old, and the required number of affir-
-mation by the Justices of the Supreme Court in death penalty.
3. Good conduct time allowance (GCTA)- is granted by the Director
of
Prison for good conduct earned by the convict while serving sentence.
Note: It is not to be granted to detention prisoner, those on conditional par-
-don, parole, or those sentenced to destierro since they are not in prison.
CONT’. OF CRIMINAL LIABILITY PARTIALLY EXTING
UISHED
4. Parole- is once which consists in the suspension of sentence of a

convict after serving the minimum of the sentence imposed without
granting a pardon, prescribing the terms upon which the sentence
shall be suspended. It is extended by the Board of Pardon and Parole.
5. Probation- is a disposition under which the accused after conviction
and sentence is released to the condition imposed by the court and the
supervision of a probation officer. It is granted by the court where the
case is tried pursuant to PD 968, the Probation law.
NOTE: The application for probation shall be made within the 15 day
period to perfect an appeal from a judgment of conviction. If the
accused appealed his judgment of conviction in the trial court to the
next higher level court, he loses his right to apply for probation.
WHO ARE NOT ENTITLED TO PROBATION
1. Those sentenced of more than 6 years imprisonment.

2. Those convicted of subversion or any crime against national
security or public order.
3. Those previously convicted by final judgment of an offense
Punished by imprisonment of not less than 1 month and 1 day and/or
a fine of not more than 200 pesos.
4. Those who have been ONCE on probation.
5. Those already serving sentence at the time of the approval of
PD 968
WHAT IS SPECIAL TIME ALLOWANCE FOR LOYALT
Y
Special time allowance is given to a serving prisoner for loyalty after

he evaded sentence during calamity or catastrophe and gives himself
up to the authorities within 48 hours following the issuance of a pro-
-clamation by the President announcing of the passing away of such
calamity or catastrophe, shall be entitled to a deduction of 1/5 of the
period of his sentence. NOTE: For this provision of the code to apply, the
Prisoner must have evaded (escaped) his sentence.
Rule of deduction on GCTA:
First 2 yrs of imprisonment – 5 days/ per month of good behavior.
3rd to 5th yr- 8 days per month of good behavior.
6th to 10th yr- 10 days per month of good behavior.
11th month and succeeding year– 15 days per month of good behavior
WHO ARE PERSONS CIVILLY LIABLE FOR FELONI
ES
Every person criminally liable for a felony is also civilly liable. Acqui-
-tal of the accused in criminal action does not include extinction from
civil liability, unless the decision in the criminal action declares that
the civil liability in relation to the offense did not exist.
What civil liability in relation to crime includes?
1. Restitution- it is the return or restoration of the thing itself with
allowance for any deterioration or diminution of value.
2. Reparation- is one which requires the culprit in case of inability to
return the stolen property to pay the value of the property or to pay
for the damaged property.
3. Indemnification- one given for consequential damages for lost or
unrealized salary or earning of the offended party and his family or by
third person by reason of the crime.
BOOK 2:
WHAT ARE CRIMES AGAINST NATIONAL SECURITY
1. Treason – is committed by a Filipino citizen or a resident alien who

levies war against the government of the Philippines OR adheres to its
enemies by giving them aid or comfort. (Art. 114)
NOTE: No person can be convicted unless based on the testimony of 2 witnesses to
the same overt act or on confession by the accused in open court. This is a wartime
crime, hence cannot be committed in time of peace.
2. Conspiracy and proposal to commit treason – these crime is punishable
even if they are merely in a preparatory stage. (Art. 115)
3. Misprision of treason – is committed by every person who not being a
foreigner and having knowledge of any conspiracy of another against the
government of the Philippines, conceals or does not disclose or make known
the same as soon as possible to the Governor or Provincial fiscal or Mayor or
fiscal of the City in which he resides. NOTE: Person found guilty of this crime is
punished as an Accessory to the crime of Treason. This is a crime by omission.
(Art.116)
Cont’, of crimes against national security
4. Espionage – this crime is committed in 2 ways: [1] it is committed

by any person who without authority therefore enters a warship, fort,
naval or military establishment or reservation to obtain any informa-
-tion, plans, photographs or data of a confidential nature relative to
the defense of the Philippines, or [2] who being in possession by reason
of the public office he holds of articles, data, or information, discloses
their contents to a representative of a foreign nation. (Art. 117)
NOTE: R.A. 9372, an ACT TO SECURE THE STATE AND PROTECT OUR
PEOPLE FROM TERRORISM, aka the HUMAN SECURITY ACT OF 2007,
this
crime though punished under special law, now adds as a crime against
national security.
WHAT IS TERRORISM
Terrorism – is committed by any person for the purpose of sowing and

creating widespread and extraordinary fear and panic among the
populace in order to coerce the government to give in to an unlawful
demand by committing any of the following crimes:
Under RPC-PRIC-MKC:
1. Piracy and Mutiny
2. Rebellion or Insurrection
3. Coup d’etat
4. Murder
5. Kidnapping
6. Crimes involving destruction
Cont’. Of crime of terrorism
Under Special laws:

1. Arson under P.D. 1613
2. R.A. 6969 (Anti-Toxic Substances and Nuclear Waste Control Act of 1990)
3. R.A. 5207 (Atomic Energy Regulatory and Liability Act of 1968)
4. R.A. 6235 (Anti-Hijacking Law)
5. P.D. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974)
6. P.D. 1866, as amended by R.A. 8294 on Illegal Possession of Firearms
Note: The motive in terrorism is to coerce the government to give in to the unlawful
demand of the terrorists. Eavesdropping with authority from the authorizing division
of the Court of Appeals is allowed, while apprehension and detention without warr-
-ant of a person suspected of terrorism or conspiracy to commit terrorism is likewise
allowed for a period of 3 days from arrest or detention. The word “Terror” comes
from the Latin term “terrere” meaning "to frighten". But the English word ‘terrorism’
comes from the French word “regime de la terreur” that prevailed in France from
1793-1794.
WHAT ARE CRIMES AGAINST THE LAW OF NATION
S
1. Inciting to war or giving motives for reprisal – is committed by any pers

on
who by unlawful or unauthorized acts, provokes or gives occasion for a war
involving or liable to involve the Philippines, or exposes Filipino citizens to
reprisals on their person or property. (Art. 118)
2. Violation of Neutrality – committed by any person who on the occasion of
a war in which the Philippines is NOT involved, violates any regulation
issued by competent authority for the purpose of enforcing neutrality.
(Art. 119)
3. Correspondence with hostile country – is committed by any person who i
n
times of war in which the Philippines is involved, makes correspondence
with an enemy country or territory occupied by enemy troops when such
correspondence is prohibited by the Government or carries ciphers or con-
-ventional signs or contains notice or information which might be useful to
the enemy. Note: This is a wartime crime. (Art. 120)
Cont’. Of crimes against the law of nations
4. Flight to enemy’s country – is committed by any person owing allegiance

to the Philippine Government, either a Filipino or a resident alien who atte-
-mpts to flee or go to an enemy country when prohibited by competent
authority. (Art. 121) Note: This is committed in times of war. Mere attempt to
flee is already punishable.
5. Piracy and Mutiny on the high seas or in Philippine waters – Piracy is c
o-
-mmitted by any person who, not being a member of the complement nor a
passenger, shall, on the high seas, attack or seize a vessel, its equipments or
personal belongings of its complements or passengers.
Mutiny – is the act of usurping or an attempt to usurp the command of the
vessel from the ship captain or to deprive him in the free and lawful exercise
of his authority. (Art. 122) NOTE: The crime of piracy is also being punished by
P.D. 532. Unlike in the RPC, piracy penalized under P.D. 532, the offenders may
include non-members of its complements or passengers.
Cont’. Of crimes against the law of nations
6. Qualified Piracy – is a crime committed whenever the pirates

have seized the vessel by boarding or firing upon the same or
abandoned their victims without means of saving themselves, or
when the crime of piracy is accompanied by murder, homicide,
physical injuries or rape.
Qualified Mutiny is a crime that aside from usurping or an attempt to
usurp the command of the vessel from the ship captain or deprivation
of his lawful exerciseof his authority, the offenders have abandon its
victims without means of saving themselves, or whenever the mutiny
is accompanied rape, murder, homicide or physical injuries.
NOTE: Piracy cannot be complex with murder, homicide, physical injuries or
rape since these crimes are used only to qualify the crime of Piracy into a
Qualified Piracy. (Art. 123)
WHAT ARE THE CRIMES AGAINST THE FUNDAME
NTAL
LAW OF THE STATE
1. Arbitrary Detention – is an act committed by any public officer or
employee who detains a person without legal grounds. [Art. 124]
Note: Commission of a crime, violent insanity or any other ailment
requiring compulsory confinement of the patient in a hospital are
valid grounds for detaining a person.
2. Delay in the delivery of detained person to the proper judicial

authorities is an act committed by a public officer or employee who
shall detain any person for some legal ground but fails to deliver such
person to the proper judicial authorities within the period required for
by law. (Art. 125)
Thus:
1. For crimes or offenses punishable by light penalties – 12 HOURS
Cont’. Of crimes against fundamental law of the State
2. For crimes or offenses punishable by correctional penalties – 18

HOURS
3. For crimes or offenses punishable by afflictive or capital penalties –
36 HOURS
Note: In every case, the person detained must be informed of the cause of his
detention and be allowed to communicate and confer at any time of his
attorney.
3. Delaying release – is a crime committed by any public officer or
employee who delays the performance of any judicial or executive
order for the release of a prisoner or detention prisoner, or unduly
delays the service of the notice of such order to said prisoner or the
proceeding upon any petition for the liberation of such person within
the period of specified in the order.
Cont’. Of crimes against the fundamental law of the State
4. Expulsion- is a crime committed by any public officer or employee

who, not being thereunto authorized by law, shall expel any person
from the Philippine Islands or shall compel such person to change his
residence. (Art. 127)
5. Violation of domicile- is a crime committed by any public officer or
employee who, not being authorized by judicial order, shall enter any
dwelling against the will of the owner thereof, search papers or other
effects found therein without the previous consent of such owner, or
having surreptitiously entered said dwelling, and being required to
leave the premises, shall refuse to do so. (Art. 128.)
NOTE: If the offense be committed in the night-time, or if any papers or effects not
constituting evidence of a crime be not returned immediately after the search made
by the offender, the penalty shall be prision correccional in its medium and
maximum periods.
6. Search warrants maliciously obtained and abuse in the service of

those legally obtained:
Search warrants maliciously obtained- is a crime committed by any

public officer or employee who shall procure a search warrant with
-out just cause in addition to the liability attaching to the offender for
the commission of any other offense.
Abuse in the service of search warrant legally obtained - is a crime b

y
any public officer or employee who having legally procured the same,
shall exceed his authority or use unnecessary severity in executing the
Said search warrant. (Art. 129)
7. Searching domicile without witnesses- is a crime committed by a

public officer or employee who, in cases where a search is proper, shall
search the domicile, papers or other belongings of any person, in the
absence of the latter (person named in the search warrant), any member
of his family, or in their default, without the presence of two witnesses
residing in the same locality. (Art. 130)
8. Prohibition, interruption and dissolution of peaceful meetings. A cri
me
committed by any public officer or employee who, without legal ground,
shall prohibit or interrupt the holding of a peaceful meeting, or shall
dissolve the same.
The same penalty shall be imposed upon a public officer or employee
who shall hinder any person from joining any lawful association or from
attending any of its meetings. (Art. 131)
9. Interruption of religious worship- is a crime committed by any public

officer or employee who shall prevent or disturb the ceremonies or
manifestations of any religion. (Art. 132)
If the crime shall have been committed with violence or threats, the
penalty shall be prision correccional in its medium and maximum
periods.
10. Offending the religious feelings- a crime committed by anyone who,

in a place devoted to religious worship or during the celebration of any
religious ceremony shall perform acts notoriously offensive to the
feelings of the faithful. (Art. 133)
WHAT ARE THE CRIMES AGAINST PERSON
?
1. Parricide - is committed by any person who shall kill his FATHER,

MOTHER OR CHILD whether LEGITIMATE OR ILLEGITIMATE, o
r any
of his OTHER ASCENDANTS OR OTHER DESCENDANTS (relatio
nship
must be legitimate) or his SPOUSE. (Art. 246) NOTE: Parricide is a
crime of relationship in the direct but not in a collateral line. THUS:
a. Killing of FATHER, MOHTER OR CHILD whether L/I is- PARRIC
IDE
b. Killing of common-law spouse is – PARRICIDE
c. Killing of a lawful spouse (husband or wife) is – PARRICIDE
d. Killing of legitimate GP or GC is – PARRICIDE
e. Killing of Illegitimate GP or GC is – NOT PARRICIDE
adoptive parent is – NOT PARRICIDE
f. Killing of the adopted or edimar@calbayogcity.com 121
Cont’. Of crimes against persons
2. Death or physical injuries inflicted under exceptional circumstances

-
Any legally married person who having surprised his spouse in the act of
committing sexual intercourse with another person, shall kill any of them
or both of them in the act or immediately thereafter, or shall inflict upon
them any serious physical injury, shall suffer the penalty of destierro. If
what as inflicted is not serious physical injuries, the accused shall be
exempt from punishment. Art. 247.
NOTE: These same rules applies under the same circumstances to parents with
respect to their daughters under eighteen years of age, and their seducer, while
the daughters are living with their parents. But the accused cannot avail of the
benefits of this article if he is guilty of promoting or facilitating the prostitution
of his wife or daughter or have consented to the infidelity of the other spouse.
3. Infanticide – is the crime committed by any person who shall kill

anychild less than 3 days of age. (Art. 255)
Note: Under this crime, relationship is not a determining factor or

requisite. What is important is that the one killed is a child of less than
3 days old. The offender of this crime is ANY person, they be the father
or mother or grandparent to the child is immaterial. But if it is the
mother who killed her own 3 days old child to conceal dishonor, the
penalty is prision mayor, but if it is the maternal grandparent for the
same purpose, the penalty is reclusion temporal.
4. Abortion – this crime is committed against a pregnant woman, either

intentionally or unintentionally. (Arts. 256-257)
3 ways of committing Intentional abortion (IA):
1. By using violence upon a pregnant woman.
2. without using violence, offender acted without the consent of the
Woman.
3. Causing abortion with the consent of the woman.
NOTE: knowledge by the offender of the pregnancy is important.
Unintentional abortion- any person who shall cause an abortion by
violence but unintentionally. Thus, if the accused pointed a knife on a
pregnant woman and had abortion but without using violence, the
Accused shall not be guilty of unintentional abortion but perhaps GRAVE
THREAT. But if the intention is to abort the baby, the crime is IA.
5. Murder – a crime committed by any person by killing another

which is not parricide, nor infanticide provided that the killing is
accompanied by any of the following circumstances: (Art. 248)
1. With treachery, taking advantage of superior strength, with the aid

of armed men, or employing means to weaken the defense or of means
or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or with
the use of any other means involving great waste and ruin.
Cont’. Of crimes against person (MURDER)
4. On occasion of any of the calamities enumerated in the preceding

paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse. NOTE: For cruelty to apply, the victim must still be alive.
NOTE: If the killing of person is accompanied with any of the abovemen-

-tioned characteristics, the crime is MURDER, provided the victim is not one
of those included in the crime of parricide and infantici4
7. Death caused in a tumultuous affray. — committed when several

persons not composing groups organized for the common purpose of
assaulting and attacking each other reciprocally, quarrel and assault
each other in a confused and tumultuous manner, and in the course of
the affray someone is killed.
When it cannot be ascertained who actually killed the deceased, but

the person or persons who inflicted serious physical injuries can be
identified, such person or persons shall be punished by prision mayor.
If it cannot be determined who inflicted the serious physical injuries
on the deceased, the penalty of prision correccional in its medium and
maximum periods shall be imposed upon all those who shall have
used violence upon the person of the victim. (Art. 251)
8. Giving assistance to suicide (Art. 253)- is committed by any perso

n
who shall assist another to commit suicide shall suffer the penalty of
prision mayor; if such person leads his assistance to another to the
extent of doing the killing himself, he shall suffer the penalty of
reclusion temporal. However, if the suicide is not consummated, the
penalty of arresto mayor in its medium and maximum periods shall be
imposed.
9. Duel – is committed by any person who shall kill his adversary in a
fight under a predetermined conditions with the participation of a
seconds who fixes the conditions.(Art. 261)
NOTE: Hence, if 2 people fight each other to death without the SECONDS who fixes
the conditions, the person who killed his adversary will be liable for homicide NOT
of duel. The liability of seconds is that of an accomplice.
Mutilation- is a crime committed by any person who shall inten-

-tionally mutilate another by depriving him, either totally or partially,
of some essential organ of reproduction. (Art. 262)
NOTE: Any other intentional mutilation shall be punished by prision mayor
in its medium and maximum periods.
Physical injuries-a crime committed by any person who wounds,
beats, or assaults or administer injurious substances upon the victim
without intent to kill, otherwise the crime would have become an
attempted or frustrated felony.
How to determine serious, less serious, and slight physical injury:

Slight Physical Injury – incapacity for labor is from 1 to 9 days, or
require medical attendance for the same period.
How to determine serious, less serious, and slight physical injury:

Slight Physical Injury – incapacity for labor is from 1 to 9 days, or requir
e
medical attendance for the same period.
Less Serious Physical Injury– incapacity for labor is from 10 to 30 days
or
require medical attendance for the same period.
Serious Physical Injury- incapacity for labor is for more the 30 days.
NOTE: Maltreatment- is the act of ill-treating another by deed without causing
an injury. In serious and less serious physical injuries, period of medical treatment is
NOT considered but the incapacity for labor or to report for work.
Rape-

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Criminal Law and Jurisprudence Review

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CRIMINAL LAW AND JURISPRUDENCE

Heavenly GOD, the Father Almighty,

What is criminal law?

Who enacts or makes criminal laws?

1. Congress cannot enact criminal laws that are NOT of

3. Congress cannot provide for a cruel, degrading or

Origin or source of power to make penal laws:

What is Police power?

Note: Police power prevail over everyone’s rights.

Criminal law covers the following:

By due process of law it means, “a law which hears before it condemns

Substantive criminal law – is one which defines crimes and

That method prescribed by law for the apprehension and

a. criminal evidence b. due process of law

c. criminal procedure d. substantive criminal law

FOOD FOR THOUGHT: SMART PEOPLE DO NOT JU

1. Revised Penal Code, deals on crimes that are wrongful in

2. Special Penal laws generally deals on socially wrongful crimes,

The word “crime” generally covers the following:

Commission – refers to act ought not be perform but performed.

1. Revised Penal Code (RPC), codified by Act No. 3815, as

Is that branch of law that defines crimes, treats of their

Note: Be responsive with what is asked and be analytical.

The following are sources of Phil. Penal laws, EXCEPT:

Other way of giving question:

It is that act committed or omitted in violation of public

ANOTHER FORM OF QUESTION RELATIVE TO THE

1. Classical or Juristic theory - The basis of criminal liability

2. Positivist or realistic theory - It is viewed under this theory

3. Eclectic or mixed theory - This theory is a combination of

4. Utilitarian or Protective Theory – This theory provides

1. Generality (persons covered)- penal laws are binding on all

3. Principles of Public International Law, this in pursuance to t

NOTE WELL: Consuls are NOT exempt from the application

2. Territoriality (places covered)- penal laws shall apply only to all

Reason: The rape happened in Japan which is outside of Philippine

Col. Zaldy is the Philippine military attache to China. While in C

Even if the selling of top secret information happened in China,

3. Prospectivity aka, Irretrospectivity (effectivity)- penal

In other words, penal laws shall be applicable only to cases

1. French rule (flag or nationality principle)- any crimes commi-

2. English rule (territoriality principle)- any crimes committed

a. The 2 rules are applicable only to merchant ships;

c. The 2 rules are inapplicable to crimes committed on board

M/V Edimar, a cargo ship owned by Henry Tan, a Filipino, but

Assuming that Japan adopts the French rule, which country

Liberally in favor of the accused and strictly against the State. As

Pro reo doctrine – when in the application of a penal law is

Express repeal of penal laws:

Implied repeal (aka, repeal by reenactment) of penal laws:

When a strict enforcement of the provisions of this Code would result

Felonies- are acts and omissions punishable by the Revised Penal

Act – is any body movement tending to produce an effect, like

Dolo (deceit)- one that involves malice or deliberate intent.

Negligence, refers to a deficiency of perception or failure to pay

Note: In culpable felonies, the negligent or imprudent act must be

Felonies according to mode of execution (Art. 3)

2. Culpable felonies, those felonies committed as a result of imp

Elements of culpable felony (FINIL-FS):

1. Consummated felonies- are those when all the elements nece-

3. Attempted felonies- those when the offender commences the