CRIMINAL LAW

1. Philippine penal laws are applicable only in Philippine territory except as provided
under treaties, laws on preferential application, or those provided under Section 2 of
the Revised Penal Code where penal laws may apply even outside Philippine
territory, to wit: (1) committed on board Philippine ship or airship;(2) should forge or
counterfeit any coin or currency note of the Philippine Island or securities and
obligations issued by the Philippine Government; (3) introduce forged or
counterfeited securities and obligations issued by the Philippine Government; (4)
while being a public officer, who committed a crime in the exercise of their official
functions; (5)should commit any crimes against national security and the law on
nations.
2. Culpable felonies under Art 365 of the RPC are single quasi-offenses which
penalizes the negligent act and not the resulting damage thereof.
3. In applying for probation, what is important is the crime to which the accused is found
guilty of and not on the crime to which he was originally charged. The accused is still
eligible to apply for probation even if he merely plead guilty to a lesser offense.
4. A. Test in determining insanity:
i. Delusional test where an insane person believes in a state of mind which no
rational person would believe.
ii. Irresistible impulse where a person under duress or mental condition has lost
the power to choose between what is right or wrong.
iii. Right and wrong test where a person is under a mental condition which will
render him incapable of determining what is right or wrong.
B. Killing or assaulting a child by an adult assailant is always treated as treacherous.
A minor is incapable of defending himself by reason of training, experience, and
tender years which results in the absence of danger or risk to the adult assailant.
C. For the defense of insanity to prosper, his mental condition at the time of the
commission of the felonies he was charged with and found guilty must be shown to
be so severe that it had completely deprived him of reason or intelligence when he
committed the felonies charged.

5. Treachery may only be appreciated or applicable in crimes against persons.

6. Indeterminate Sentence Law:
For complexed crimes, the imposable penalty should be the penalty of the
graver offense as the maximum, if not attended with any mitigating
circumstance nor aggravating. If there is mitigating circumstance but no
aggravating, the minimum penalty shall be the penalty next lower in degree of
the imposable penalty of the graver offense.
For other crimes, the prescribed penalty in its maximum of the crime
committed shall be the imposable penalty. If attended with mitigating
circumstance, the minimum shall be the next lower degree of the prescribed
penalty in its minimum period.
7. The RPC provides that the maximum period of a convict’s sentence should not be
more than three-fold the length of the time corresponding to the most severe of the
penalties imposed upon a convict which should not exceed forty years.
8. The running of the prescriptive period to file an action shall commence at the time of
discovery of the felony by the offended party, authorities, or its agents. However, in
falsification of private documents, the crime is considered discovered. The
 prescriptive period shall commence at the time of registration of such forged
document, the registration thereof constitutes as a constructive notice of the entire
world.
9. The criminal and civil liability of the accused is extinguished upon the death of the
accused both during trial or before promulgation of judgment and pending appeal.
The reason is that there is no longer a defendant to stand as the accused.
10. Qualified piracy id committed when the offenders seized the vessel by firing or
boarding the same.
11. Perjury is committed by making false allegations under oath on material matters
required by law.
12. Theft may be committed even if the taking was initially lawful but the failure to return
the same at the stipulated time constitutes unlawful taking. Taking of motor vehicle is
deemed completed from the moment the offender gained possession thereof even if
he had no opportunity to dispose the same. Intent to gain being an internal act is
presumed from the unlawful taking of the motor vehicle.
13. Qualified bribery cannot be committed by a judge because this crime may be
committed by a public officer who is entrusted with law enforcement and who, in
consideration of any offer, promise, gift or offer, refrains from arresting or prosecuting
an offender who has committed a crime punishable by reclusion perpetua and/or
death. Considering that the official duty of a judge as a public officer is not law
enforcement but the determination of cases already filed in court, he/she cannot be
held liable for qualified bribery.
14. The relationship of the offender with the victim is the essential element of parricide.
The crime of murder or homicide, as the case maybe, and not parricide if the victim is
the adopted child of the accused.
15. Malversation is committed by a public officer who received money in his official
capacity or in relation to his office and does not remit the same.
16. Chain of custody refers to duly recorded authorized movements and custody of
seized drugs from the time of seizure/confiscation to receipt in the forensic laboratory
to safekeeping to presentation in court for destruction. What is important is that the
prohibited drug presented in court is the same drug recovered from his possession.
In warrantless searches, physical inventory and photographing must be made
immediately after the arrest at the nearest police station or at the nearest police office
of the apprehending team, whichever is practicable.
17. Indeterminate sentence law shall not apply to those persons whose maximum term of
sentence does not exceed one year.
18. Probation shall not be allowed to person who perfected their appeal even with
probationary penalty except in the case of a minor. Multiple probationable penalties
contained in one decision should not be added up, but instead taken separately to
determine the defendant’s eligibility for probation.
19. Arias Doctrine applies when the public official has no foreknowledge of any facts or
circumstances that would prompt him or her to investigate or exercise a greater
degree of care. Under this doctrine, heads of offices may, in good faith, rely to a
certain extent on the acts of their subordinates who prepares bids, purchase
supplies, or enter into negotiations.
20. Safe Spaces Act:
Terrorizing and intimidating a victim through sexual misogynistic remarks and
comments online whether publicly or through direct and private messages;
invasion of a victim’s privacy through incessant messaging; or uploading and
sharing without consent of the victim, any form of media that contains photos,
 voice, or video with sexual content, using information and communications
technology constitute as Gender-Based Online Sexual Harassment.
21. Mens rea is the mental element of a crime or the required state of mind for the
commission of the crime by the accused.
22. Hitting a child without the intention to debase his “intrinsic worth and dignity” as a
human being is not child abuse. Criminal intent is specifically required for the
commission of child abuse. Also, to embarrass in public.
23. RA 7610:
Consent is immaterial where the offended party is below 12 years of age.
However, consent is a valid defense where the offended party is 12 years of
age or below 18 years old. Such consent may be implied from the failure to
prove that the said victim engaged in sexual intercourse either “due to money,
profit or any other consideration or due to the coercion or influence of any
adult, syndicate or group”.
24. There can be no impossible crime when there is no proof that the victim is already
dead before the accused stab him.
25. Intent to kill is manifested by:
a. The means used by the malefactors;
b. The nature, location and number of wounds sustained by the victim;
c. The conduct of the malefactors before, during, or immediately after the killing;
and
d. The circumstances under which the crime was committed and the motives of
the accused.
26. Conspiracy:
a. Two or more persons come to an agreement for the commission of a crime
and decides to commit it.
b. Wheel conspiracy: when there is a single person or group (the hub) dealing
individually with two or more other persons or groups (the spoke). The spoke
typically interacts with the hub rather than with another spoke. In the event
that the spoke shares a common purpose to succeed, there is a single
conspiracy. However, in the instance when each spoke is unconcerned with
the success of the other spokes, there are multiple conspiracies.
c. Chain conspiracy: involves individuals linked together in a vertical chain to
achieve a criminal objective. Each conspirators knew that the success of
one’s part, which he was immediately concerned, is dependent upon the
success of the whole.
d. The act of one is the act of all. All conspirators have the same criminal
liability.
27. Unlawful aggression exists when there is real danger to the life or personal safety.
Even if the unlawful aggressor does not anymore carry a weapon, the aggression
does not cease.
28. In VAWC, the couple must go through the battering cycle at least twice.
a. Elements:
i. The tension-building phase
ii. Acute battering incident
iii. The tranquil, loving phase.
BOOK II
1. The value of the personal property in qualified theft must be proven since it shall be
the basis for the penalty proven during trial and not merely on the information or
uncorroborated testimonies presented by the prosecution.
2. Estafa, elements: (1) that the accused defrauded another; (2) by abuse of
confidence, or by means of deceit; and (3) that the damage or prejudice capable of
pecuniary estimation is caused to the offended party or third person.
3. For estafa, there must be material and juridical possession of the property, otherwise
the crime is only theft.