CRIMINAL LAW REVIEWER

GENERALITY – Article 14 of the New Civil Code

Applicable and binding to all people who live or sojourn in the Philippine territory.
EXCEPT:
Treaty/Treaty stipulation
Law of Preferential Application
Public International law (heads of the state or diplomatic officers) Vienna
Convention on Dip. Relations
Minucher vs. CA – Special Agent of US
This does not include Consul, unless there is an agreement or treaty
stipulation on the matter (Vienna Convention on Consular Relations)
Such immunity is not applicable to Civil Liabilities
Immunity of ADB Officers, Liang vs. People
Presidential Immunity From Suit – Only applicable
TERRITORIALITY – RPC is enforceable only in the Philippines
EXCEPT: Article 2 of the Revise Penal Code
PROSPECTIVITY – Penal Laws shall have no retroactive effect (Prohibition on Ex Post
Facto Law)
EXCEPT:
If it is in favour of the accused.
Exemption to the Exemption:
When the offender is a habitual delinquent
Article 62 of the RPC, a person shall be deemed to be habitual delinquent,
if within a period of ten years from the date of his release or last conviction
of the crimes robo, hurto, estafa, or falsificacion, he is found guilty of any
of said crimes a third time or oftener.

WHAT ARE THE 4 TYPES OF REPITION?

1. Recidivist (Article 14(9))
Previously convicted by Final Judgment of another crime embraced in the same
title of this code.
2. Reitiracion (Article 14 (10))
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.
3. Habitual Delinquent (Article 62(5))
If within a period of 10 years from his last release or last conviction of the
crime of robbery, theft, estafa, falsification, serious and less serious
 physical injury, and he is found guilty of any of the said crimes for a third time
or oftener.
4. Quasi-recidivism (Article 160)
Commission of another crime during the service of the sentence or penalty
imposed or before final judgment.

ARTICLE 1. Time When Act Takes Effect. — This Code shall take effect on the first day
of January, nineteen hundred and thirty-two.
PRINCIPLE OF EXTERRITORIALITY
ARTICLE 2. Application of Its Provisions. — Except as provided in the treaties and laws
of preferential application, the provisions of this Code shall be enforced not only
within the Philippine Archipelago, including its atmosphere, its interior waters
and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship; (Philippine Ship is
an extension of Philippine Territory)
2. Should forge or counterfeit any coin or currency note of the Philippine Islands
or obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the
exercise of their functions; or
Presidents and its assistant may be excused if they acted in good faith even
outside the Philippines.
5. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code.
Crime of Piracy is a crime against mankind or Hostes Humanis Generis

TITLE ONE
Felonies and Circumstances Which Affect Criminal Liability
CHAPTER ONE
Felonies
ARTICLE 3. Definition. — Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only by 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.
ELEMENTS OF FELONY
There is an actor omission
There is intent, and intent is presumed
The act or omission is punishable under the RPC
There are two types of felonies
Intentional Felony it is accompanied with deliberate intent
ELEMENTS
FREEDOM
INTENT
INTELLIGENCE
Culpable Felony – there is no intent to do harm on others but still resulted to a
felony due to negligence.
ELEMENTS
FREEDOM
INTELLIGENCE
NEGLIGENCE
MALA IN SE VS. MALA PROHIBITA
Mistake of fact – can relieve a person from any criminal liability, as long as:
ELEMENTS (U.S. vs. Ah Chong)
1. The act done would have been LAWFUL had the facts been as the accused
believe them to be.
2. The intention is lawful
3. The mistake be without fault or carelessness on the part of the accused.

ARTICLE 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.
El que es cuase de la causa es causa del mas causado – He who is the
cause of the cause is the cause of the evil cause.
There is still intent to commit a crime, but resulted to another.
SITUATIONS under Par. 1
a) ERROR IN PERSONAE – Mistake in Identity
b) ABERRATIO ICTUS – There is mistake in the blow (other person suffered
the injury)
c) PRAETER INTENTIONEM – The blow went beyond the intent.
ELEMENTS OF PAR. 1
a. The intentional felony has been committed
b. The wrong done to the aggrieved party be the direct, natural and logical
consequence of the felony committed
DOCTRINE OF PROXIMATE CAUSE
It is the cause, which, in natural and continuous, unbroken by any
efficient intervening cause, produces the injury, and without which the
result would not have occurred.
When the felony committed is not the proximate cause:
 i. There is an efficient intervening cause or action.
ii. Due to intentional act of the vicitim
TAKE NOTE: All the consequences of an attempted suicide are not
punishable.
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
on account of the employment of inadequate or ineffectual means.
(IMPOSSIBLE CRIME)
ELEMENTS OF PAR. 2
a. The act is performed against persons or property
b. Done with evil intent
c. The accomplishment is inherently impossible or the means employed is either
inadequate or inefficient.
d. The act does not constitute a violation under RPC

ARTICLE 5. Duty of the Court in Connection with Acts Which Should Be Repressed but
Which are Not Covered by the Law, and in Cases of Excessive Penalties. —
Whenever a court has knowledge of any act which it may deem proper to repress and
which is not punishable by law, it shall render the proper decision, and shall report to
the Chief Executive, through the Department of Justice, the reasons which induce the
court to believe that said act should be made the subject of penal legislation.
There is an act that is not punishable by any law.
The judge will dismiss the case
Submit a report to the Chief Executive through the DOJ
Indicating the reason for penal legislation

In the same way the court shall submit to the Chief Executive, through the Department
of Justice, such statement as may be deemed proper, without suspending the execution
of the sentence, when a strict enforcement of the provisions of this Code would result in
the imposition of a clearly excessive penalty, taking into consideration the degree of
malice and the injury caused by the offense.
The accused is guilty
The judge sees that the penalty to be imposed is excessive
The court should not suspend the case
The Judge will now submit a statement to the Chief Executive through the DOJ,
recommending for executive clemency.

ARTICLE 6. Consummated,, Frustrated, and Attempted Felonies. —

STAGES OF EXECUTION
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.
ELEMENTS:
1. Performs all the acts of execution
2. Which would produce the felony as a consequence
3. Felony is not produced
4. 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
by overt acts, and does not perform all the acts of execution which should produce
the felony by reason of some cause or accident other than his own spontaneous
desistance.
ELEMENTS:
1. Commences the commission of the felony by OVERT ACTS
2. Does not perform all the acts of execution
3. It was not stopped by his own spontaneous desistance
4. The non-performance of all the acts of execution was due to cause or accident
other than his own spontaneous desistance.
CASES RELATED:
There is no such thing as frustrated robbery.
There is no crime of frustrated theft (the mere fact that the accused get hold of the thing,
even if he does not enjoy the usage of such, it is still consummated. The enjoyment of
the thing taken is not an element of the crime.) People vs. Espiritu
There is no frustrated arson, the mere fact that some part no matter how little, it is
considered consummated.
ARTICLE 7. When Light Felonies are Punishable. — Light felonies are punishable
only when they have been consummated, with the exception of those committed against
person or property.
ARTICLE 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.
“The mere fact of proposal and conspiracy are not punishable, unless there is a law
punishing the act of conspiracy or proposal.”
ARTICLE 9. Grave Felonies, Less Grave Felonies and Light Felonies. — 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 article 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their
maximum period are correctional, in accordance with the abovementioned article.
Light felonies are those infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos or both, is provided.
ARTICLE 10. Offenses Not Subject to the Provisions of this Code. — Offenses
which are or in the future may be punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to such laws, unless the
latter should specially provide the contrary.
CHAPTER TWO
Justifying Circumstances and Circumstances which Exempt from Criminal
Liability
ARTICLE 11. Justifying Circumstances. — The following do not incur any criminal
liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur:
ELEMENTS
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.
2. Anyone who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by
affinity in the same degrees, and those by 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 provocation was
given by the person attacked, that the one making defense had no part therein.
3. 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 article
are present and that the person defending be not induced by revenge,
resentment, or other evil motive.
ELEMENTS
First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent or repel it;

4. Any person who, in order to avoid an evil or injury, does an act which causes
damage to another, provided that the following requisites are present:
ELEMENTS:
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.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a
right or office.
ELEMENTS
Acted in fulfilment of duty
The injury caused is the necessary consequence of the act
6. Any person who acts in obedience to an order issued by a superior for some
lawful purpose.

ARTICLE 12. Circumstances Which Exempt from Criminal Liability. — The

following are exempt from criminal liability:
1. 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.
Imbecile is a person whose age is not proportionate to his mind’s development.
Insane person may experience lucid dreams, is not exempt if acted during the lucid
interval
There is always a presumption in favor of sanity, therefore the burden of proof is over
the offender.
2. A person under nine years of age. Minimum Age of Responsibility
Juvenile Justice Welfare Act, Section 6, R.A. 9344 person under 15 years of
age.
3. 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 article 80 of this Code.
Section 6, R.A. 9344, The child below 18 but above 15 is subject to an
intervention program
When such minor is adjudged to be criminally irresponsible, the court, in conformity 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 article 80.
4. Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it.
ELEMENTS:
a) A person is performing a lawful act
b) With due care
c) He causes injury by mere accident
d) Without fault or intention of causing it.
5. Any person who acts under the compulsion of an irresistible force.
ELEMENTS:
The compulsion is by means of physical force
The physical force is irresistible
Physical force must come from a third person.
For example, Mr. A points a gun to B, and order to rape C.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury.
ELEMENTS:
The threat that caused the fear is greater or at least equal to that which he was required
to commit.
That a normal person would succumb to it.
7. Any person who fails to perform an act required by law, when prevented by some
lawful or insuperable cause.
ELEMENTS:
That an act is required by law to be done
That a person fails to perform such act
The failure to perform such act was due to some lawful or insuperable cause

CHAPTER THREE
Circumstances Which Mitigate Criminal Liability
ARTICLE 13. Mitigating Circumstances. — The following are mitigating
circumstances:
1. Those mentioned in the preceding chapter, when all the requisites necessary to
justify the act or to exempt from criminal liability in the respective cases are not
attendant.
ONE OR TWO OF THE REQUISITES MUST NOT BE PRESENT.
Article 11 paragraphs 1 to 6.
For the circumstance of Defense under Article 11(1-3), the requisite of unlawful
aggression must be present, and the one or two of the other requisite is absent, will only
subject the defense as a mitigating and not justifying.

Above 15 and below 18 who acted with discernment.

Causing injury by mere accident (Art. 12 (4))

If the person acted without due care and with fault, then it is mitigating.
If the person acted without due care and with intention, then it is intentional felony which
is not a mitigating circumstances.

Uncontrollable Force (Art. 12(6))

2. That the offender is under eighteen years of age or over seventy years. In the
case of the minor, he shall be proceeded against in accordance with the provisions of
article 80.
Those who acted with discernment if under 18 but above 15.
For over 70, it is considered senility, which makes it mitigating
3. That the offender had no intention to commit so grave a wrong as that
committed.
The lack of intention may be seen through the acts of the offender and the degree of
inflicted injury and where the aggrieved was injured.
AS long as there is no intention to commit so grave a wrong, even if it resulted to the
death of the other party.
This is not applicable to negligence.
4. That sufficient provocation or threat on the part of the offended party
immediately preceded the act.
ELEMENTS OF PROVOCATION:
The provocation must be sufficient
It must originate from the offended party
The provocation must be immediate to the act

5. That the act was committed in the immediate vindication of a grave offense to
the one committing the felony (delito), his spouse, ascendants, descendants,
legitimate, natural, or adopted brothers or sisters, or relatives by affinity within the same
degrees. (or his relatives)
ELEMENTS:
There is a grave offense committed against him or his relatives.
The grave offense obfuscated the person, which led him to commit a felony.

6. That of having acted upon an impulse so powerful as naturally to have

produced passion or obfuscation. (when you saw your lover having sex with another)
ELEMENTS:
Acted in impulse
The impulse is powerful enough to obfuscate him.

There is no mitigating effect if the obfuscation when the act is committed in spirit of
lawlessness or revenge
7. 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.

8. That the offender is deaf and dumb, blind or otherwise suffering some physical
defect which thus restricts his means of action, defense, or communication with his
fellow beings.

9. Such illness of the offender as would diminish the exercise of the will-power of
the offender without however depriving him of consciousness of his acts.
This includes insanity, if the person who committed a crime is sane or in his lucid dream
but because of seasonal insanity, he was deprived of reason, it will become a mitigating
Circumstance.
10. And, finally, any other circumstance of a similar nature and analogous to those
above mentioned.

Chapter Four

CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.

Using one’s public position to take advantage over the other

2. That the crime be committed in contempt or with insult to the public authorities.

An act of insult to public authorities

3. 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.

giving an insult

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

Abuse of Confidence

5. 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.

Committed in the presence of the Chief Executive or in the Palace itself

where the public authorities are engaged in the discharge of their functions

in a place dedicated to religious worship (Offending the Religious feelings)

Elements:

The act was done inside the place dedicated for religious worship

the act was done during the religious worship

The act was intended to offend the believers or the believers were
offended

6. 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.
7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune.

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

9. 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.

10. 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. QUASI-RECIDIVIST

11. That the crime be committed in consideration of a price, reward, or promise.

Kill him and I will give you 5 billion pesos

12. 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.

The use of materials intended to have aggravating results

13. That the act be committed with evidence premeditation.

execution of the criminal act must be preceded by cool thought and

reflection upon the resolution to carry out the criminal intent, during the space of
time sufficient to arrive at a calm judgment.

it is a span of time where the offender may have calmed himself but still
committed the crime

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

15. That advantage be taken of superior strength, or means be employed to weaken

the defense.

Mario who is a gym buff raped Anita who is a high school girl

Mario forcibly let Anita inhale the medicine poured at the handkerchief.

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

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.

17. That means be employed or circumstances brought about which add ignominy to
the natural effects of the act.

Ignominy means to bring public shame or disgrace.

 Raping a girl and leaving her without any dress to cover herself.

Taking a video of forcible sexual intercourse

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

There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken.

Juan ,without the knowledge of Pedro, entered through the window forcibly,
breaking it, and soon after took all Pedro’s belongings including the 100,000
pesos in his vault.

20. 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).

TWO WAYS OF AGGRAVATING CIRCUMSTANCES UNDER THIS:

1. Aid of a minor under 15 years of age

2. usage of motor vehicle

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

Chapter Five

ALTERNATIVE CIRCUMSTANCES

Article 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.

When a descendant committed a crime against an ascendant, the crime is

aggravating.

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.

If the offender is a habitual drunkard then it is aggravating

When the Offender is a skilled and knowledgeable man, and the offended has a mental
illness.
Title Two

PERSONS CRIMINALLY LIABLE FOR FELONIES

Article 16. Who are criminally liable. - The following are criminally liable for grave and
less grave felonies:

1. Principals.

Principal is the CHIEF ACTOR OR PERPETRATOR.

Principal by indispensable cooperation are those who are necessary for the
commission of a crime.

Principal by inducement are those who induce other people to commit the
crime instead of him.

2. Accomplices.

3. Accessories.

The following are criminally liable for light felonies:

1. Principals

2. Accomplices.

Article 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.

Article 18. Accomplices. - Accomplices are those persons who, not being included in
Article 17, cooperate in the execution of the offense by previous or simultaneous
acts.

This includes the look outs.

Article 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.

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.

Article 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.

As a general rule, a family member is exempted from criminal liability in

paragraphs 2 and 3.

EXCEPTION: Paragraph 1, if the Family members profited from it, then they are
not exempt.

A principal to a crime gets the full penalty. The accomplice gets the penalty one degree
lower than the principal and the accessory one degree lower than the accomplice (or
two degrees lower than the principal).

Article 48. Penalty for complex crimes. - When a single act constitutes two or
more grave or less grave felonies, or when an offense is a necessary means for
committing the other, the penalty for the most serious crime shall be imposed, the
same to be applied in its maximum period.
Single acts constitutes two or more crimes
The other crime is a necessity for the commission of the crime.

The doctrine of pro reo advocates that penal laws and laws penal in nature are to
be construed and applied in a way lenient or liberal to the offender, consonant to
and consistent with the constitutional guarantee that an accused shall be
presumed innocent until his guilt is established beyond reasonable doubt.

In article 48 of the RPC, or in cases of complex crimes there are 2 or more crimes
committed, it is either the single act already constitutes two or more crimes, or
the other act is a necessity for the commission of the crime. In this case, applying
the doctrine of pro reo, there will be no two penalties imposed, ONLY ONE
PENALTY IS TO BE IMPOSED, however, THE HIGHER PENALTY IS ALWAYS TO
BE APPLIED.