TOGUAY’S NOTE ON CRIMINAL LAW I: REVISED PENAL CODE

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Felonies
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Art. 3 Definitions. – Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault when the wrongful
act results from imprudence, negligence, lack of foresight, or lack of skill.
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Art. 4. Criminal liability. — Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be different from that
which he intended.chanrobles virtual law library
2. By any person performing an act which would be an offense against persons or property, were it
not for the inherent impossibility of its accomplishment or an account of the employment of
inadequate or ineffectual means.
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1. Criminal Liabilities and Felonies
a. Grave vs. less grave vs. light felonies (Article 9 of RPC)
i. Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are
afflictive, in accordance with Art. 25 of this Code. (Art.9 Par 1)
ii. Less grave felonies are those which the law punishes the with
penalties which in their maximum period are correctional, in
accordance with above-mentioned Art.. (Art. 9, Par 2)
iii. Light Felonies are those infractions of law for the commission
of which a penalty of arrest menor or a fine not exceeding 200
pesos or both; is provided. (Art. 9, Par 3)
b. Aberratio ictus, error in personae, and praeter intentionem
i. Aberratio Ictus is mistake in the blow. It intends to injure one
person but actually inflicts it on another due to mistake in the
blow. Penalty is that of the graver offense in its maximum period
(Art. 48, RPC). The intended subject is different subject, but the
felony is still the same. The victim as well as the actual victim
are both in the scene of the crime.
ii. Error in personae is the mistake in the identity of the victim.
Penalty is that of the lesser crime in its maximum period (Article
49, RPC). At least two subjects. It intends to injure one person
but actually inflicts it on another due to mistake in identity. The
supposed victim may or may not be in the scene of the crime.
iii. Praeter intentionem is the injurious result is greater than that
intended. Penalty is that of the actual offense committed, but
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shall be diminished because of the existence of a mitigating
circumstance (Art 13 (3) RPC).

c. Impossible crime
i. Impossible crime is an act which would be an offense against
person or property, were if not for the inherent impossibility of
its accomplishment or on account of the employment of
inadequate or ineffectual means (Art. 4, par. 2, RPC).
1. Liability for an impossible crime is to be imposed only if
the act committed would not constitute any other crime
under the Revised Penal Code. Although the facts
involved are parallel to the case of Intod v. CA (215
SCRA 52), where it was ruled that the liability of the
offender was for an impossible crime, no hand grenade
was used in the said case, which constitutes a more
serious crime though different from what was intended.
2. No, an impossible crime is not really a crime. It is only
so-called because the act gives rise to criminal liability.
But actually, no felony is committed. The accused is to
be punished for his criminal tendency or propensity
although no crime was committed.
3. Impossible crimes are limited only to acts which when
performed would be a crime against persons or property.
As kidnapping is a crime against personal security and
not against persons or property, Enrique could not have
incurred an "impossible crime" to commit kidnapping.
There is thus no impossible crime of kidnapping.
d. Stages of execution

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Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as well
as those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when the offender performs all the acts of execution which
would produce the felony as a consequence but which, nevertheless, do not produce it by reason
of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly or over
acts, and does not perform all the acts of execution which should produce the felony by reason
of some cause or accident other than this own spontaneous desistance.
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i. Frustrated
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It is frustrated when the offender performs all the acts
of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator.
1. Some crimes have NO frustrated stage. Examples are:
a. Rape--where the gravamen of it is carnal
knowledge, the slightest penetration of the female
organ consummates the felony.
b. Arson--where the burning of even a portion of the
building is already considered arson.
c. Theft or robbery--where the moment the offender
has complete control of the property
consummates the felony. Mere intent to gain in
theft consummates the felony.
2. What happens in the frustrated stage of felony?
a. In the frustrated stage, the offender has also
reached the objective stage of the offense for he
has performed all the acts which would produce
the felony, but the crime was not committed for
reasons INDEPENDENT OF THE WILL OF
THE PERPETRATOR.
3. Is there a crime of frustrated theft?
a. The SC ruled that there is no crime of frustrated
theft, thereby declining to adopt the Dino and
Flores ruling in this jurisdiction
ii. Consummated
A felony is consummated when all the elements necessary
for its execution and accomplishment are present;
1. How is consummated felony executed?
a. all acts of execution are present hence the
offender is in the objective stage as he has no
longer control over the outcome of his acts,
having performed all that is necessary to
accomplish his purpose.
2. Are formal crimes always consummated?
a. Yes--formal crimes are always consummated.
b. What is the criteria to determine whether the
crime is formal?
i. (1) The offender cannot possibly perform
all the acts of execution to bring the
desired result without consummating the
offense such as slander and libel.
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ii. (2) When the crime is treated by the RPC
in accordance with the results, i.e., the
result should be there before liability can
be determined--i.e., physical injuries, the
crime is only in the consummated stage.
In physical injuries--it cannot be
determined whether the injury will be
slight, less serious or serious unless
consummated.

iii. (3) When the intent is absent such as in

culpa and in malum prohibitum
3. What are internal acts of a crime?
a. Internal acts are mere ideas in the mind of the
person which are not punishable even if, had they
been carried out, they would constitute a crime.
b. What are the requisites in the internal acts of a
crime?
i. That the intention and effect must occur.
4. What are the stages of the development of a crime?
a. From the moment the culprit conceives the idea
of committing a crime up to the realization of the
same, his act passes through certain stages, which
are:
i. Internal acts and
ii. External acts
1. What covers the external acts of a
crime?
a. The external acts of a
crime cover the
i. Preparatory acts
and
ii. Acts of execution
b. Are preparatory acts punishable?
i. Ordinarily, preparatory acts are not
punishable. Hence, proposal and
conspiracy to commit a felony, which are
only preparatory acts, are not punishable,
except when the law provides for their
punishment in certain felonies. (Example:
buying a poison with which to kill the
intended victim or carrying inflammable
materials where a house is to be burned)
c. Illustrate the distinction between preparatory and
overt acts.
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i. Preparatory act: If A bought poison from
a drugstore, the preparation for the killing
of B by means of poison is only a
preparatory act. For such may be used for
other purposes such that it may be used to
kill rats.
ii. Overt act: But if A mixed the poison with
food intended for B, such would be an
overt act since such is already a
preparation to commit murder.
5. What does desistance mean?
a. It is an absolutory circumstance only in the
attempted stage. The attempted stage exists only
up to that time when the offender still has control
of his acts. The moment he lost control of the
outcome of his acts, the subjective phase is
passed and the stage is now either frustrated or
consummated where desistance is merely factual
and produces no legal effect, thus, will not
exempt the offender from criminal liability.
6. When is the commission of a felony deemed commenced
directly by overt acts?
a. When the following two requisites are present:
i. That there be external acts,
ii. Such external acts have direct connection
with the crime intended to be committed.
b. What are overt acts?
i. Physical activity or deed indicating the
intention to commit a particular crime,
more than a mere planning or preparation,
which, if carried to its complete
termination following its natural course,
without being frustrated by external
obstacles nor by voluntary desistance of
the perpetrator, will logically and
necessarily ripen into a concrete offense.
c. May overt acts be NOT a physical activity?
i. Yes--There are felonies, where, because
of their nature or the manner of
committing them, the overt acts are not
performed with bodily movement or by
physical activity. (Example: proposal
consisting in making an offer of money to
a public officer for the purpose of
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corrupting him is the overt act in the crime
of corruption of public officer)
7. What are instances when the nature of the crime is to be
considered?
a. In the crime of Arson for instance, it is NOT
necessary that the property is totally destroyed by
fire since it is consummated already even if only
a portion of the wall or any other part of the house
is burned.
8. What is an indeterminate offense?
a. It is one where the purpose of the offender in
performing an act is not certain. Its nature in
relation to its objective is ambiguous.
9. What happens when the cause of non-performance of all
the acts necessary for the commission of the offense is
OTHER THAN the offender's spontaneous desistance?
a. When the cause of non-performance of all the
acts necessary for the commission of the offense
is other than the offender's spontaneous
desistance, the felony is ATTEMPTED.
Keyword: "by accident
iii. Attempted
There is an attempt when the offender commences the
commission of a felony directly or over acts, and does not
perform all the acts of execution which should produce
the felony by reason of some cause or accident other than
this own spontaneous desistance.
1. What happens in the attempted stage of felony?
a. In attempted felony, the offender is still in the
subjective stage because he has not performed all
the acts necessary for its accomplishment.
Therefore, he still has control as he may or may
not continue his overt acts.
2. What are the elements of attempted felony?
a. The offender commences the commission of
felony by directly overt acts
b. He does not perform all the acts of execution
which would produce the felony
c. The offender's act is not stopped by his own
spontaneous desistance, and
d. The non-performance of all acts of execution was
due to cause or ACCIDENT other than his
spontaneous desistance.
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iv. How to determine whether the crime is only attempted, frustrated
or consummated?
1. To determine whether or not a crime is only attempted,
frustrated or consummated, the following must be
considered:
a. - Nature of the offense
b. - Elements constituting the felony
c. - The manner in committing the same.
v. What is the difference between attempted and frustrated felonies
as to the level of phase?
1. Attempted- the offender is still in the subjective phase as
he is still in control of his acts
2. Frustrated- he is already in the objective phase
vi. What is the difference between attempted and frustrated felonies
as to the causes of non-accomplishment?
1. Attempted- it is a cause or accident other than the
offender's own spontaneous desistance
2. Frustrated- the offender is already in the objective phase
vii. What is the difference between attempted and frustrated felonies
as to the acts of execution?
1. Attempted- not all acts of execution had been done
2. Frustrated- all acts of execution had been performed
e. Continuing crimes
i. A continuing crime also known as Delito continuado is
constituted by a series or overt acts committed by the offender in
one place in vilation of a penal law such as Piracy which can
vebgtin in our territorial jurisdiction and upon capture can end
on the high seas. The entire acts are punished under the crime
piracy
f. Complex crimes
i. A complex crime is constituted when a single act caused two or
more grave or less grave felonies or when an offense is
committed as a necessary means to commit another offense. (Art
48, RPC)
ii. At least two crimes are involved in a complex crime; either two
or more grave or less grave felonies resulted from a single act,
or an offense is committed as a necessary means for committing
another.
iii. The penalty for the more serious crime shall be imposed and in
its maximum period. (Art. 48, RPC)
iv. Complex crime result when the offender has to commit an
offense as a necessary means for committing another offense.
Only one Information shall be filed and if proven, the penalty for
the more serious crime shall be imposed.
g. Compound Crimes
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i. Compound crimes result when the offender committed only a
single felonious act from which two or more crimes resulted.
This is provided for in modified form in the first part of Article
48, RPC, limiting the resulting crimes to only grave and/or less
grave felonies. Hence, light felonies are excluded even though
resulting from the same single act.
2. Circumstances affecting criminal liability
a. Justifying circumstances (Article 11 of RPC)
Justifying circumstances. – The following do not incur any criminal
liability:
i. Anyone who acts in defense of his person or rights, provided
that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent
or repel it.
Third. Lack of sufficient provocation on the part of the person
defending himself.
ii. Any one who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or adopted
brothers or sister, or his relatives by affinity in the same degrees
and those consanguinity within the fourth civil degree, provided
that the first and second requisites prescribed in the next
preceding circumstance are present, and the further requisite, in
case the revocation was given by the person attacked, that the
one making defense had no part therein.
iii. Anyone who acts in defense of the person or rights of a stranger,
provided that the first and second requisites mentioned in the
first circumstance of this Art. are present and that the person
defending be not induced by revenge, resentment, or other evil
motive.
iv. Any person who, in order to avoid an evil or injury, does not act
which causes damage to another, provided that the following
requisites are present;
First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to

avoid it;

Third. That there be no other practical and less harmful means

of preventing it.
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v. Any person who acts in the fulfillment of a duty or in the
lawful exercise of a right or office.

vi. Any person who acts in obedience to an order issued by a

superior for some lawful purpose.
b. Exempting circumstances (Article 12 of RPC)
Art. 12. Circumstances which exempt from criminal liability. — the
following are exempt from criminal liability:

i. An imbecile or an insane person, unless the latter has acted

during a lucid interval.
When the imbecile or an insane person has committed an act which
the law defines as a felony (delito), the court shall order his
confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave
without first obtaining the permission of the same court.
ii. A person under nine years of age.
iii. A person over nine years of age and under fifteen, unless he has
acted with discernment, in which case, such minor shall be
proceeded against in accordance with the provisions of Art. 80
of this Code.
When such minor is adjudged to be criminally irresponsible, the
court, in conformably with the provisions of this and the preceding
paragraph, shall commit him to the care and custody of his family
who shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some institution or
person mentioned in said Art. 80.
iv. Any person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or intention of
causing it.
v. Any person who act under the compulsion of irresistible force.
vi. Any person who acts under the impulse of an uncontrollable fear
of an equal or greater injury.
vii. Any person who fails to perform an act required by law, when
prevented by some lawful insuperable cause.

c. Mitigating circumstances
Art. 13 Mitigating circumstances. — The following are mitigating
circumstances;
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i. Those mentioned in the preceding chapter, when all the
requisites necessary to justify or to exempt from criminal
liability in the respective cases are not attendant.
ii. That the offender is under eighteen year of age or over seventy
years. In the case of the minor, he shall be proceeded against in
accordance with the provisions of Art. 80.
iii. That the offender had no intention to commit so grave a wrong
as that committed.
iv. That sufficient provocation or threat on the part of the offended
party immediately preceded the act.
v. That the act was committed in the immediate vindication of a
grave offense to the one committing the felony (delito), his
spouse, ascendants, or relatives by affinity within the same
degrees.
vi. That of having acted upon an impulse so powerful as naturally
to have produced passion or obfuscation.
vii. That the offender had voluntarily surrendered himself to a person
in authority or his agents, or that he had voluntarily confessed
his guilt before the court prior to the presentation of the evidence
for the prosecution;
viii. That the offender is deaf and dumb, blind or otherwise suffering
some physical defect which thus restricts his means of action,
defense, or communications with his fellow beings.
ix. Such illness of the offender as would diminish the exercise of the
will-power of the offender without however depriving him of the
consciousness of his acts.
x. And, finally, any other circumstances of a similar nature and
analogous to those above mentioned.

d. Aggravating circumstances
Art. 14. Aggravating circumstances. – The following are aggravating
circumstances:
i. That advantage be taken by the offender of his public position.

ii. That the crime be committed in contempt or with insult to the

public authorities.

iii. That the act be committed with insult or in disregard of the

respect due the offended party on account of his rank, age, or
sex, or that is be committed in the dwelling of the offended party,
if the latter has not given provocation.

iv. That the act be committed with abuse of confidence or obvious

ungratefulness.
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v. That the crime be committed in the palace of the Chief Executive

or in his presence, or where public authorities are engaged in the
discharge of their duties, or in a place dedicated to religious
worship.

vi. That the crime be committed in the night time, or in an

uninhabited place, or by a band, whenever such circumstances
may facilitate the commission of the offense.

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.
vii. That the crime be committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other calamity or
misfortune.

viii. That the crime be committed with the aid of armed men or
persons who insure or afford impunity.

ix. That the accused is a recidivist.

A 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.

x. That the offender has been previously punished by 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.

xi. That the crime be committed in consideration of a price, reward,

or promise.

xii. That the crime be committed by means of inundation, fire,

poison, explosion, stranding of a vessel or international damage
thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.

xiii. That the act be committed with evidence premeditation.

xiv. That the craft, fraud or disguise be employed.

xv. That advantage be taken of superior strength, or means be

employed to weaken the defense.

xvi. That the act be committed with treachery (alevosia).

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There is treachery when the offender commits any of the crimes

against the person, 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.

xvii. That means be employed or circumstances brought about which

add ignominy to the natural effects of the act.

xviii. That the crime be committed after an unlawful entry.

xix. There is an unlawful entry when an entrance of a crime a wall,

roof, floor, door, or window be broken.

xx. That 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. (As amended by RA
5438).

xxi. 21. That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not necessary for
its commissions.

e. Alternative circumstances
Art. 15. Their concept. — Alternative circumstances are those which
must be taken into consideration as aggravating or mitigating according
to the nature and effects of the crime and the other conditions attending
its commission. They are the relationship, intoxication and the degree of
instruction and education of the offender.
The alternative circumstance of relationship shall be taken into
consideration when the offended party in the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or relative
by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a

mitigating circumstances when the offender has committed a felony in
a state of intoxication, if the same is not habitual or subsequent to the
plan to commit said felony but when the intoxication is habitual or
intentional, it shall be considered as an aggravating circumstance.

f. Absolutory causes
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i. Absolutory causes are those where the act committed is a crime
but for reasons of public policy and sentiment there is no penalty
imposed.
3. Persons liable and degree of participation
a. Principals, accomplices, and accessories
Art. 16. Who are criminally liable. — The following are criminally
liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.

The following are criminally liable for light felonies:

1. Principals
2. Accomplices.

Art. 17. Principals. — The following are considered principals:

1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;

3. Those who cooperate in the commission of the offense by another

act without which it would not have been accomplished.

Art. 18. Accomplices. — Accomplices are those persons who, not

being included in Art. 17, cooperate in the execution of the offense by
previous or simultaneous acts.

Art. 19. Accessories. — Accessories are those who, having knowledge

of the commission of the crime, and without having participated
therein, either as principals or accomplices, take 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.
2. By concealing or destroying the body of the crime, or the
effects or instruments thereof, in order to prevent its discovery.
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3. By harboring, concealing, or assisting in the escape of the
principals of the crime, provided the accessory acts with abuse of
his public functions or whenever 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.
Art. 20. Accessories who are exempt from criminal liability. — The
penalties prescribed for accessories shall not be imposed upon those
who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception of
accessories falling within the provisions of paragraph 1 of the next
preceding article.
b. Conspiracy and proposal
Art. 8 Conspiracy and proposal to commit felony – Conspiracy and proposal to commit felony
are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission
of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to
some other person or persons.

Reason for the Rule: Conspirary and proposal to commit felony are
only preparatory acts, and the law regards them as innocent or at least
permissible except in rare and exceptional cases.

PENALTY FOR MERE CONSPIRACY

Article 115: Conspiracy to commit treason – Penalty – The conspiracy to commit the
crime of treason shall be punished by prison mayor and a fine not exceeding 10,000
pesos.

Article 136: Conspiracy to comiit coup d’etat, rebellion or insurrection. – The

conspiracy to commit coup d’etat shall be punished by prison mayor in its minimum
period and a fine which shall not exceed 8,000 pesos
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The conspiracy to commit rebellion or insurrection shall be punished by prison
correctional in its maximum period and a fine which shall not exceed 5,000 pesos. (As
amended by PD No. 942)

Art. 141 Conspiracy to commit sedition. – Persons conspiring to commit the crime of
sedition hall be punished by prison mayor in its medium period and a fine not exceeding
2,000 pesos. (As amended by PD No. 942)

Requisites of conspiracy:
1. The two or more persons came to an agreement;
Agreement presupposes meeting of the minds of two or more
persons.
2. That the agreement concerned the commission of a felony; and
The agreement must refer to the commission of a crime. It must be
an agreement to act, to effect, to bring about what has already been
conceived and determined.
3. That the execution of the felony be decided upon.
The conspirators have made up their minds to commit the crime.
There must be a determination to commit the crime of treason,
rebellion or sedition.
Note:
Direct proof is not essential to establish conspiracy.
Quantum of proof is required to establish conspiracy.
1. A conspiracy must be established by positive and conclusive evidence.
2. It must be shown to exist as clearly and convincingly as the
commission of the crime itself.
3. Mere presence of a person at the scene of the crime does not make him
a conspirator for conspiracy transcend companionship.
PUNISHMENT FOR PROPOSAL:
Art. 115 proposal to commit treason – Penalty – The proposal to commit the crime of
treason shall be punished by prison correctional and a fine not exceeding 5,000 pesos.

Art. 136 proposal to commit coup d’etat rebellion or insurrection. – The proposal to
commit coup d’etat shall be punished by prison mayor in its minimum period and a fine
which shall not exceed 8,000 pesos.
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The proposal to commit rebellion or insurrection shall be punished by prison

correctional in its medium period and a fine not exceeding 2,000 pesos. (As amended by
Rep. Act 6968)

Requisite of PROPOSAL
1. That a person has decided to commit a felony; and
2. That he proposes its execution to some other person or persons.

There is no criminal proposal when:

1. The person who proposes has decided to commit the felony;
2. There is no decided, concrete and formal proposal
3. It is not the execution of felony that is proposed.

Conspiracy to commit treason

Conspiracy to commit treason is committed when in time of war, two or

more persons come to an agreement to levy war against the government or
adhere to the enemies and to give them aid or comfort, and decide to
commit it. (Art. 8 and 114, RPC)

Elements:

1.There is a war in which the Philippines is involved

2.At least two persons come to an agreement to –

a.Levy war against the government; or

b.Adhere to the enemies, giving them aid or comfort
3.That person proposes its execution to other persons
4.They decide to commit it

Proposal to commit treason

Proposal to commit treason is committed when in time of war, a person

who has decided to levy war against the government or adhere to the
enemies and to give them aid or comfort, proposes its execution to some
other person or persons. (Art. 8 and 114, RPC)

Elements:

1.There is a war in which the Philippines is involved

2.At least one person decides to –
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a.Levy war against the government; or

b.Adhere to the enemies, giving them aid or comfort
3.That person proposes its execution to other persons

● General rule: Conspiracy and proposal to commit a felony is not

punishable under Article 8.
● Exception: Under Article 115, mere conspiracy or proposal to commit
treason is punishable. This is because, in treason, the very existence of the
state is endangered. [Reyes]

● The two-witness rule does not apply to conspiracy or proposal to commit

treason because they are separate and distinct offense from that of treason.
[US vs. Bautista, 6 Phil 581]