Criminal Law
Criminal Law
Criminal Law
- Philippine criminal laws is the body of law jurisdiction, against those who:
and defining the penalties thereof in the 1. Should commit an offense while on a Philippine
Philippines. ship or airship;
- Criminal law defines crimes; sets the 2. Should forge or counterfeit any coin or currency
procedures for arrests, searches and note of the Philippine Islands or obligations and
seizures, and interrogations; establishes securities issued by the Government of the
the rules for trials; and specifies the Philippine Islands;
punishments for offenders. 3. Should be liable for acts connected with the
- A criminal act is any behavior or act introduction into these islands of the obligations
society decides should be punishable by and securities mentioned in the preceding
fines, imprisonment, or both. number;
4. While being public officers or employees,
Source of Criminal Law should commit an offense in the exercise of their
Act No. 3815 functions; or
“The Revised Penal Code” 5. Should commit any of the crimes against
- An act revising the penal code and other national security and the law of nations, defined
penal laws in Title One of Book Two of this Code.
Mala In Se Article 3 of the Revised Penal Code
- “Wrong in itself” or “evil in itself” Art. 3. Definition. — Acts and omissions
- Plural of malum in se punishable by law are felonies (delitos).
- Criminal acts that are wrong because they Felonies are committed not only by means of
violate the moral, public, or natural deceit (dolo) but also by means of fault (culpa).
principles of a society. There is deceit when the act is performed with
Mala prohibita deliberate intent; and there is at fault when the
- "Wrong because prohibited" wrongful act results from imprudence,
- Criminal acts that are wrong because they negligence, lack of foresight, or lack of skill.
violate a statute or law rather than being
an action that harms or offends society. Acts - An overt or external act.
Omission - Failure to perform a duty required by
Rules as to crimes committed aboard foreign law. Example of an omission: failure to render
merchant vessels: assistance to anyone who is in danger of dying or
English rule is in an uninhabited place or is wounded –
- Recognized that the host country has abandonment.
jurisdiction over crimes committed on Felony - Acts and omissions punishable by the
board the vessel unless they involve the Revised Penal Code.
internal management of the vessel (This is ● Felonies against persons: parricide,
applicable in the Philippines). murder, homicide, infanticide, physical
French rule injuries, etc.
- Recognized the jurisdiction of the flag ● Felonies against property: robbery, theft,
country over crimes committed on board usurpation, swindling, etc.
the vessel except if the crime disturbs the
peace, order and security of the host Dolo (Intentional Felonies) - How felonies are
country. committed is by means of deceit (dolo) – There is
deceit when the act is performed with deliberate
Article 2 of the Revised Penal Code intent.
Article 2. Application of Its Provisions. — Except as Requisites of Dolo:
provided in the treaties and laws of preferential 1. Freedom
application, the provisions of this Code shall be 2. Intelligence
enforced not only within the Philippine 3. Intent
Archipelago, including its atmosphere, its interior Freedom - voluntariness on the part of the person
to commit the act or omission.
Intent - demonstrated by the use of a particular Impossible Crime
means to bring about a desired result. - one where the acts performed would have
Intelligence - the capacity to know and been a crime against person or property
understand the consequences of one’s act. but which is not accomplished because of
its inherent impossibility or because of the
Culpa (Culpable Felonies) - By means of fault employment of inadequate or ineffectual
(culpa) – There is fault when the wrongful act means.
results from imprudence, negligence, lack of Requisites of an Impossible Crime:
foresight, or lack of skill. 1. Act would have been an offense against
Requisites of Culpa: persons or property
1. Freedom 2. Act is not an actual violation of another
2. Intelligence provision of the Code or of a special penal
3. Imprudence, negligence, lack of skill or law
foresight 3. There was criminal intent
4. Lack of intent 4. Accomplishment was inherently
Imprudence – deficiency of action; e.g. A was impossible; or inadequate or ineffectual
driving a truck along a road. He hit B because it means were employed.
was raining – reckless imprudence.
Negligence – deficiency of perception; failure to Reason for punishing Impossible Crimes:
foresee impending danger, usually involves lack of Article 5 of the Revised Penal Code
foresight Art. 5. Duty of the court in connection with acts
which should be repressed but which are not
Article 4, Paragraph 1 of the Revised Penal Code covered by the law, and in cases of excessive
Art. 4. Criminal liability. — Criminal liability shall penalties.chanrobles virtual law library —
be incurred: Whenever a court has knowledge of any act
(1) By any person committing a felony (delito) which it may deem proper to repress and which is
although the wrongful act done be not punishable by law, it shall render the proper
different from that which he intended. decision, and shall report to the Chief Executive,
through the Department of Justice, the reasons
- Article 4, paragraph 1 presupposes that the which induce the court to believe that said act
act done is the proximate cause of the should be made the subject of
resulting felony. It must be the direct, legislation.chanrobles virtual law library
natural, and logical consequence of the In the same way, the court shall submit to the
felonious act. Chief Executive, through the Department of
Justice, such statement as may be deemed
Error in personae proper, without suspending the execution of the
- Mistake in the blow. sentence, when a strict enforcement of the
Aberratio ictus provisions of this Code would result in the
- Mistake in the identity. imposition of a clearly excessive penalty, taking
Praeter intentionem into consideration the degree of malice and the
- Where the consequence exceeded the injury caused by the offense
intention.
- “To teach the offender a lesson because of
Article 4, Paragraph 2 of the Revised Penal his criminal perversity. Although
Code objectively, no crime is committed, but
Art. 4. Criminal liability. — Criminal liability shall subjectively, he is a criminal.”
be incurred:
(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.
Article 6 of the Revised Penal Code Manner of committing a crime
Art. 6. Consummated, frustrated, and attempted
felonies. — Consummated felonies as well as Conspiracy - exists when two or more persons
those which are frustrated and attempted, are come to an agreement concerning the
punishable.chanrobles virtual law library commission of a felony and decide to commit it.
A felony is consummated when all the elements Requisites of Conspiracy:
necessary for its execution and accomplishment 1. There is an agreement
are present; and it is frustrated when the offender 2. Participants acted in concert which is
performs all the acts of execution which would indicative of a meeting of minds towards a
produce the felony as a consequence but which, common criminal goal/objective.
nevertheless, do not produce it by reason of Proposal to commit conspiracy:
causes independent of the will of the - Proposal exists when the person who has
perpetrator.chanrobles virtual law library decided to commit a felony proposes its
There is an attempt when the offender execution to some other persons.
commences the commission of a felony directly Conspiracy as a crime
or over acts, and does not perform all the acts of - Mere conspiracy is the crime itself.
execution which should produce the felony by - Not punishable because they are mere
reason of some cause or accident other than his preparatory acts. Only punishable in cases
own spontaneous desistance. in which the law specifically provides a
penalty.
Elements of an Attempted Felony:
1. Offender commences the commission of a Article 9 of the Revised Penal Code
felony directly by overt acts. Art. 9. Grave felonies, less grave felonies and light
2. Does not perform all acts of execution w/c felonies. — Grave felonies are those to which the
would produce the felony. law attaches the capital punishment or penalties
3. Non-performance due to independent which in any of their periods are afflictive, in
cause/accident other than the offender’s accordance with Art. 25 of this Code.chanrobles
own spontaneous desistance virtual law library
Overt-act - Physical act which indicated intention Less grave felonies are those which the law
of a crime. punishes with penalties which in their maximum
period are correctional, in accordance with the
Elements of a Frustrated Felony: above-mentioned Art..chanrobles virtual law
1. Performs all acts of execution. library
2. Acts performs that would produce felony Light felonies are those infractions of law for the
as a consequence. commission of which a penalty of arrest menor or
3. Felony not produced. a fine not exceeding 200 pesos or both; is
4. Causes independent of the will of the provided.
perpetrator.
Article 7 of the Revised Penal Code
Elements of a Consummated Felony: Art. 7. When light felonies are punishable. — Light
1. Performs all acts of execution. felonies are punishable only when they have been
2. Felony was produced as a consequence of consummated, with the exception of those
the act. committed against person or property.
3. Subjective and objective phase are
present. Article 10 of the Revised Penal Code
4. Purpose was accomplished. Art. 10. Offenses not subject to the provisions of
Subjective Phase - portion of execution of crime this Code. — Offenses which are or in the future
starting from the point where the offender begins may be punishable under special laws are not
up to the point where he still has control of his subject to the provisions of this Code. This Code
acts. shall be supplementary to such laws, unless the
Objective Phase - Results of the acts of latter should specially provide the contrary.
execution, that is, the accomplishment of the
crime.
a. Deprivation of the office,
Article 25 of the Revised Penal Code employment, profession or calling
Art. 25. Penalties which may be imposed. — The affected
penalties which may be imposed according to b. Disqualification for holding similar
this Code, and their different classes, are those offices or employment during the
included in the following: period of disqualification
Scale: (2) For the exercise of the right of suffrage
1. Principal Penalties
● Capital punishment: a. Deprivation of the right to vote or to be
- Death elected in an office
● Afflictive penalties: b. Cannot hold any public office during the
- Reclusion perpetua period of disqualification
- Reclusion temporal Prision Mayor - 6 years to 12 years
- Perpetual or temporary Prisión correccional - 6 months and 1 day to 6 yrs
absolute disqualification Arresto Mayor - 1 month and 1 day to months
- Perpetual or temporary Suspension -official prohibition of someone from
special disqualification holding their usual post or carrying out their usual
- Prision mayor role for a particular length of time
● Correctional penalties: Destierro - banishment or only a prohibition from
- Prisión correccional residing within a radius of 25 kilometers from the
- Arresto mayor actual residence of the accused for a specified
- Suspension length of time.
- Destierro Arresto Menor - 1 - 30 days but minimum of 1 - 10
● Light penalties: days, medium period of 11 - 20 days and
- Arresto menor maximum period of 21 - 30 days.
- Public censure Censure - is the public reprimand of a public
● Penalties common to the three official for inappropriate conduct or voting
preceding classes: behavior.
- Fine
- Bond to keep the peace
Definitions:
Capital Punishment - legally authorized killing of
someone as punishment for a crime.
Afflictive Penalty - exceeds 6,000 pesos
Correctional Penalty - does not exceed 6,000
pesos but not less than 200 pesos
Light Penalty - less than 200 pesos
Reclusion Perpetua - prisoner is barred for life
from holding political office.
Reclusion Temporal - most severe of the divisible
penalties with the duration of 12 years and 1 day to
20 years.
Perpetual or temporary absolute
disqualification
(1) Deprivation of any public office or
employment of offender;
(2) Deprivation of the right to vote in any
election or to be voted upon;
(3) Loss of rights to retirement pay or pension.
Perpetual or temporary special disqualification
(1) For public office, profession, or calling