Criminal Law Notes (Article 1-10)

crime. You will not be penalized.

Q: What is Criminal Law?
- Criminal law is a branch of law which defines crimes, - The government, in line with its police power, has the
treats of their nature, and provides for their power to enact laws defining certain acts to be a crime
punishment. through the legislative branch of the government. From
time to time the legislative branch of government will
Q: What are the theories in criminal law? enact laws defining certain acts or omissions as crimes.
1. Classical Theory- the basis of criminal liability is human This is in line with the police power of a state.
free will and the purpose of the penalty is retribution. It
endeavors to establish a mechanical and direct proportion Limitations to the power of the state to enact laws:
between crime and penalty and there is scant regard to the 1. No ex post facto law or bill of attainder shall be
man, or the criminal/accused himself. enacted. (Article III, Sec 22, 1987 Constitution)

The RPC is generally governed by this theory. - What do you mean by ex post facto law?
 An ex post facto law is one which:
2. Positivist Theory- the basis of criminal liability is the sum of a. Makes criminal an act done before the
the social, natural and economic phenomena to which the passage of the law and which was
actor is exposed. The purposes of penalty are prevention innocent when done, and punishes such
and correction. act;
Based on this theory, man is subdued occasionally by a b. Aggravates a crime, or makes it greater
strange and morbid phenomenon which constrains him to than it was when committed;
do wrong, in spite of or contrary to his own volition. This is c. Changes the punishment and inflicts a
exemplified in the provisions regarding Impossible crimes greater punishment than the law
and habitual delinquency. annexed to the crime when committed;
d. Alters the legal rules of evidence, and
3. Eclectic or mixed theory- a combination of positivist and authorizes conviction upon less or different
classical wherein crimes that are economic and social in testimony than the law required at the time
nature should be dealt in a positive manner, thus, the law is of the commission of the offense;
more compassionate. Ideally, the classical theory is applied e. Assumes to regulate civil rights and
to heinous crimes, whereas, the positivist is made to work remedies only, in effect which imposes
on social and economic crimes. penalty or deprivation of a right for
something which when done was lawful; and
4. Utilitarian or protective theory- the primary purpose of the f. Deprives a person accused of a crime
punishment is the protection of society from actual and some lawful protection to which he has
potential wrongdoers. Consistent with this theory is the become entitled, such as the protection of a
mala prohibita principle which punishes an offense former conviction or acquittal or
regardless of malice or criminal intent. proclamation of amnesty.

What do you mean by crime?  For example, the crime of rape is

- A crime refers to an act committed or omitted in punishable by reclusion perpetua. For
violation of a public law forbidding or commanding instance, a man committed the crime of
it. rape on May 29, 2013. Suppose later on,
the congress passes a law reviving the
What are the sources of penal laws? death penalty effective on January 1,
1. Revised Penal Code (Act No. 3815) and its 2017, will the accused be given death
amendments penalty?
2. Special Penal Laws passed by the Philippine  NO.
Commission, Philippine Assembly, Legislature,  Suppose the law says that those who
National Assembly, the Congress of the Philippines, previously committed rape crimes
and the Batas Pambansa should also be subjected to death
3. Penal Presidential Decrees issued during Martial penalty, is it allowed?
Law  NO because that law would be
considered an ex post facto law.
Note: Court decisions are not sources of criminal law because they merely  Another, the amount of evidence to
explain the meaning of, and apply, the law as enacted by the legislative
convict a person of a crime is proof
branch of the government.
beyond reasonable doubt. Suppose the
Is there a common law crime in the Philippines? amount of evidence would be reduced to
- No. the rule is if there is no law penalizing an act, preponderance of evidence, is it allowed
there is no crime. Even how morally wrong it is, but if to be given retroactive effect?
there is no law making the act a crime, there is no  No because that would be
 Criminal Law Notes (Article 1-10)
considered an ex post facto law. cause of the accusation against him.

Note: A penal law must have a prospective effect. As a rule, it Q: What are the basic maxims in criminal law?
cannot be given a retroactive effect. But if the congress would
pass a law penalizing an act although that act when committed 1. Nullum crimen, nulla poena sine lege- there is no crime
was not yet a crime, then it is an ex post facto law. whene there is no law punishing the same. No matter how
wrongful, evil or bad the act is, if there is no law defining the
Now, what is bill of attainder? act, the same is not comsidered a crime.
a. That is a law which inflicts penalty without a judicial
trial. 2. Actus non facit reum, nisi mens sit rea- the act cannot be
b. It is only the court which will give a verdict whether the criminal where the mind is not criminal. This is true to a felony
act constitutes a crime. characterized by dolo, but not a felony resulting from culpa.
c. When the congress passes a law which automatically This maxim is not an absolute one because it is not applied to
declares a person guilty without a judicial trial that culpable felonies, or those that result from negligence.
would be a violation of the constitution. That would be
considered a bill of attainder. It would violate the due 3. Doctrine of Pro reo- whenever a penal law is to be construed
process of law. or applied and the law admits of two interpretations, one
lenient to the offender and one strict to the offender, that
interpretation which is lenient or favorable to the offender will
2. No person shall be held to answer for a criminal
be adopted.
offense without due process of law. (Art. III,
Rule: Penal laws are liberally construed in favor of the offender
Section 14[1])
and strictly against the State.
This limitation requires that criminal laws must be of general 4. Actus me invito factus non est meus actus- an act done by me
application and must clearly define the acts and omissions punished against my will is not my act. Whenever a person is under a
as crimes. compulsion of an irresistible force or uncontrollable fear to do
an act against his will, in which that act produces a crime or
What is due process? offense, such person is exempted in any criminal liability
It‘s the law which hears before it condemns and renders arising from the said act. This is because the person is reduced
judgment only after trial. to a mere instrument. (e.g. Art. 12, paragraph 5 and 6 of the
RPC)
Likewise, due process of law simply means that before a man can
be deprived of his life, liberty or property, he must be given an
opportunity to defend himself. (Cornejo vs. Gabriel) Note: Doctrine of Equipoise
- In convicting an accused, the prosecution must
The accused has certain rights. be able to present proof beyond reasonable
1. Constitutional rights doubt.
- Rights embodied in our Constitution, Art. III, Bill - Where the evidence of the parties is of equal
of Rights. weight and the prosecution is not able to present
evidence of proof beyond reasonable doubt. The
2. Statutory rights accused must be acquitted.
- These are the rights granted by the Rules of Court.
Rule 115 provides for the rights of the accused.
- Some statutory rights are also constitutional Characteristics of our penal laws:
rights. For instance, the right to speedy trial is 1. Generality or General
- GR: Our penal laws are binding against all
contained in the Constitution and in the Rues of
persons who live or sojourn in the
Court.
Philippines.
- For example, a Korean who now lives in the
What are the rights of the accused that can be waived?
Philippines stabs another Korean. Can he be
- Those rights that are personal to the accused can
held liable under the Philippine laws?
be waived.
 Yes. He can be held liable under Philippine
- What are these rights personal to the accused?
laws because he is in the Philippines and
 Right to cross-examine. The accused may
he committed the crime in the Philippines.
or may not conduct cross-examination.
 Right to bail. Accused may not post bail.
Supposing that A, a Korean citizen killed B, a
 Right to appeal.
Filipino citizen in the USA. Can he be held liable?
What are the rights of the accused that cannot be waived? A: No, because A is not in the Philippines, and the
- Those rights that affect public policy cannot be crime is committed outside the territorial
waived. jurisdiction of the Philippines.
 The right to be informed of the nature and
 Criminal Law Notes (Article 1-10)
- What about the military killing another them from arrest or suit.
military or soldier? Can he be charged with
murder or homicide? 2. Territoriality or territorial – Criminal laws undertake to punish
 Soldiers or militaries can be charged in crimes committed within Philippine territory.
our civilian courts or under the military - Our law kay murag pareho sa mga bugoy or gang,
court martial. isog lang if naa sa ilang territory. Chus!
 The civilian courts have concurrent
jurisdiction. A case can be filed against G.R. - Our penal laws are only effective within our
them in the civilian courts or in the territory
military court martial provided it is
service connected. So if a soldier As to the scope of the national territory, Article I of the 1987 Philippine
committed a crime which is service Constitution states: The national territory comprises the Philippine
connected, he can be tried in the civilian archipelago, with all the islands and waters embraced therein, and all
court or in the court martial. other territories over which the Philippines has sovereignty or
- EXPEPTION: jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
a) By virtue of treaties or treaty including its territorial sea, the seabed, the subsoil, the insular shelves,
stipulation with another country and other submarine areas. The waters around, between, and
exempting their nationalities from connecting the islands of the archipelago, regardless of their breadth
operation of our penal laws and dimensions, form part of the internal waters of the Philippines.

Example:
If the Philippines has a treaty with another country exempting
their nationalities from operation of our penal laws, that should X is a married man. Ni abroad si X ug agoi nakig-uyab2x ug lain
be respected. didtoa sa Dubai. Can X be charged of concubinage? No, because
Ex, the Military Bases Agreement. Before, if the American our penal laws are only effective within our territory. If he
soldiers commit a crime in the Philippine, we do not have goes out of the territory then our penal laws are no longer
jurisdiction. effective. If he gets married there, it is supposed to be bigamy but
Now, we have the Visiting Forces Agreement. Under the considering that our laws are territorial. He cannot be charged
agreement, they are only allowed to use our military bases. Under here in the Philippines.
the VFA, if the American soldiers commit a crime, they should be
But what if he has a common law spouse there and brings her
tried in the Philippines.
here and continues their relationship because there is a thing
called "forever", can he be charged under the Philippine laws? Of
course, since he already committed the crime within our
b. The law of preferential application
territory.
Example, the congressmen and senators, if they commit a
crime penalized by imprisonment of 6 years or less, they
cannot be arrested while congress is in session. EXCEPTIONS: Stated under Article 2 of the Revised Penal
Code:
1. A person commits a crime while on a Philippine
RA 75 mandates that foreign diplomatic representatives
s u c h a s a m b a s s a d o r s including their domestic servants ship or airship
cannot be arrested if they commit a crime. The only thing we can - Take note: it must be Philippine registered not
just Philippine owned. It is the registration
do is to declare them as persona non grata "unwelcomed
before the Philippine Bureau of Customs that
visitor". They will then be sent back to their country because
matters.
they are immune from arrest and immune from suit.
- If the vessel is in the high seas, it is considered as
an extension of the Philippines, hence, the
c. Those covered under Public International Law, such
Philippnes has jurisdiction.
as:
- If the vessel is within the territory of another
1. Sovereigns and Heads of State.
country, jurisdiction is generally with the foreign
- If Biden visits and he commits a crime. He
country because penal laws are primarily
cannot be arrested. He is immune from suit. Chiefs of state
territorial in application.
such as kings cannot be arrested when they commit a
crime.
Example:
The crew on board an international cruise ship, duly
2. Ambassadors, ministers, ministers
registered in the Philippines traversed the Pacific Ocean and then
plenipotentiary, minister residents and charge de affairs
they were watching the game between F2 Cargo Movers and
- As a rule, a consul, vice-consul or other Creamline Cool Smashers. They were betting with each other and
commercial representative of foreign nations is not drinking intoxicating drinks. F2 won the game and the losing
immune from suit. They do not possess the status of and party didn‘t pay his end of the bargain, so he was stabbed. Upon
cannot claim the privileges and immunity accorded to reaching the Philippines, he was charged of homicide but the
ambassadors and ministers. Hence, they can be arrested crime was committed while the ship was on its voyage.
and charged unless there is a treaty in effect exempting
Can he be charged before the Philippine Courts? Yes,
 Criminal Law Notes (Article 1-10)
because of the extra territorial application of the RPC as - Treason is a war crime
embodied in Article 2 thereof. - Only committed during war
- Even if you are in China and you
Now, what if the ship is Filipino owned but commit treason you are still under the
unregistered in the Philippines, and then the crime is jurisdiction of the Philippine laws.
committed on board while the vessel is on high seas, aduna ba - Crimes Against the Law of Nations
jurisdiction ang Philippines sa kaso? No, because as a rule, - Piracy - is a transnational crime
RPC can only have extraterritorial application if the crime is - does not have any boundary
committed in a Philippine ship.
3. Prospective
Q: What are the two recognized rules on jurisdiction over - Penal laws will always have prospective application
merchant vessels? - A penal law cannot make an act punishable in a manner in
A; The French rule and the English rule. These rules refer to the which it was not punishable when committed. As provided
jurisdiction of one country over its merchant vessels situated in in Article 366, RPC, crimes are punished under the laws in
another country. These do not apply to war vessels over which a force at the time of their commission.
country always has jurisdiction.
G.R. - Laws cannot be given retroactive effect
a. French rule- flag of the country of vessel rule, except if it because it will be considered as an ex post facto law. A
affects the peace and security of the territory or endangers violation of the constitution.
the safety of the State ex. The death penalty was implemented and later on
b. English rule- triable in that country, except if it merely removed. Then it was revived again. It cannot be given
affects the internal management or things within the vessel: retroactive effect for the persons charged of crimes during the
Philippines adheres to this rule time there was no death penalty because it will be considered
an ex post facto law.
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or Exp. When a penal law is more lenient or favorable to
obligations and securities issued by the the accused. (Art. 22, RPC)
Government of the Philippine Islands - For persons sentenced for death, upon the removal of
the death penalty, their sentences were reduced from death to
Making Philippine notes in Hong Kong will still be within the reclusion perpetua or life imprisonment.
jurisdiction of the Philippines because of extra-territorial
jurisdiction. Exp. To the Exp - The retroactive effect will not be
applied if the accused is a habitual offender. (Art. 22, RPC)
3. Should be liable for acts connected with the
introduction into these islands of the A person is deemed a habitual offender if within a
obligations and securities mentioned in the period of ten (10) years from the date of his last release or last
presiding number- It is not necessary that you conviction of the crimes of serious or less serious physical
are the one making the fake notes but as long as injuries, robbery, theft, estafa, or falsification, he is found
you are bringing them inside the country you are GUILTY of any said crimes a third time or oftener. (Article 62,
liable. par. 5, RPC)

4. While being public officers or employees, - When the law expressly provides that the law
should commit an offense in the exercise of will not apply to pending actions or existing
their functions; causes of action.
- There are instances where you are a public
officer and you commit a crime abroad.
- ex. Employees of the Philippine The Revised Penal Code
embassy asking for bribes or History
falsifying documents. By virtue of Administrative Order No. 94 of the Department
Being a public official abroad of Justice, dated October 18, 1927, the Committee, composed of
and using money other than its Anacleto Diaz, as chairman, and Quintin Paredes, Guillermo Guevara,
intended purpose will make you Alex Reyes and Mariano H. de Joya, as members, was created with the
task of revising the old Penal Code. As mere revision, the RPC does
liable for malversation although
not embody the latest progress of criminal science, as the results of
the crime was committed
the application of advanced and radical theories still remain to be
abroad.
seen.
5. Should commit any of the crimes against national The old Penal Code took effect on July 14, 1887 and was in
security and the law of nations, defined in Title force up to December 31, 1931.
One of Book Two of this Code.
- Against National Security On one hand, the Revised Penal Code (RPC), as enacted by
- Treason, misprision of treason the Philippine Legislature, was approved on December 8, 1930, and
 Criminal Law Notes (Article 1-10)
took effect on January 1, 1932. (Art. 1, RPC). The RPC is divided
into 2:
Book I - Modes and Circumstances Affecting Title One
Criminal Liability FELONIES AND CIRCUMSTANCES
Book II - Crimes and their Penalties WHICH AFFECT CRIMINAL
LIABILITY
Chapter One

- FELONIES
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.

Q: What are felonies?

A: Felonies are acts and omissions punishable by the RPC.

Elements of felonies: The elements of felonies in general are:

1. There must be an act or omission;
2. The act or omission must be punishable by the RPC; and
3. The act is performed or the omission incurred by means
of dolo or culpa.

Q: What is an act in contemplation of criminal law?

A: An act is any bodily movement tending to produce some effect in the
external world, it being unnecessary that the same be actually produced,
as the possibility of its production is sufficient.

It must be an external act which has a direct connection with the felony
intended to be committed.

Ex: A took the watch of B with intent to gain and without the consent of
the latter. The act of taking the watch of B, with intent of gain ,
constitutes the crime of theft.

Q: How about omission?

A: omission means inaction, the failure to perform a positive duty
which one is bound to do. There must be a law requiring the
doing or performance of an act.

- So is there a crime when you are doing nothing?

- EX of crimes when you are doing nothing and yet one is
liable/omission penalized by law
o Anyone who fails to render assistance to any
person whom he finds in an uninhabited place
wounded or in danger of dying, is liable for
abandonment of persons in danger. (Art. 275,
par. 1)
o An officer entrusted with collection of taxes
who voluntarily fails to issue a receipt as
provided by law, is guilty of illegal exaction.
(Art. 213, par. 2b)
o A law enforcer arrested a criminal inflagrante
delicto (caught him in the act of committing a
crime). One is mandated, since he is the
 Criminal Law Notes (Article 1-10)
arresting officer to file a case against the liable
arrested person within the period of 12, 24, o Being insane at the commission of the crimeand
36 hours. If one fails to do that, held liable or being an imbecile is not criminally liable due
for arbitrary detention. to the absence of intelligence
- A person is criminally liable for an act or omission in o RA 9344, Juvenile Justice and Welfare Code: a
violation of the RPC. child who is 15 years old or below is exempt
- In order to be held criminally liable, there must be an from criminal liability because the law considers
act or omission committed. that child to be absent of intelligence. He does
not have the capacity to determine what is right
and wrong (rationale of the law).
Felonies are committed not only be means of deceit (dolo) but
also by means of fault (culpa). 3. Intent/Criminal Intent- the purpose to use a particular
- deceit otherwise known as dolo (the latin term), fault means to affect such result. Intent to commit an act with
the latin term is culpa malice being
o in order to be held criminally liable, a person
Distinctions between intentional felony (dolo) and culpable must have criminal intent
felony (culpa): o TN: intent is a mental activity
Dolo Culpa o How would you know once a person wanted to
Act is malicious Not malicious steal or kill? That is presumed.
With deliberate intent Injury caused is unintentional o A person who kills another person without any
being incident of another act justifiable reason is presumed to have criminal
performed without malice intent. But the presumption is rebuttable. If that
person can present evidence, which would prove
Has intention to cause injury Wrongful act results from
that he does not have any criminal intent, then
imprudence, negligence, lack
he will be acquitted.
of foresight, lack of skill
Mistake of fact- ignorantia facti escusat (ignorance or mistake of fact
Requisites/Elements for dolo or malice: relieves the accused from criminal liability)
1. Freedom- voluntariness on the part of the person to It is a misapprehension of fact on the part of the person who
commit the act or omission caused injury to another. He is not liable due to absence of criminal
intent.
When a person acts without freedom, he is no longer
a human being but a tool, hence, he has no option, he Requisites of mistake of fact:
has no choice. Thus, a person who acts under the a. The act done would have been lawful had the facts been
compulsion of an irresistible force, and a person who as the accused believe them to be;
acts under the impulse of an uncontrollable fear of an
equal or greater injury is exempt from criminal b. Intention of the accused in performing the act should be
liability (Art. 12, par. 5 and 6) lawful; and
c. Mistake must be without fault or carelessness on the
Ex: A is the employer of B and C. One night, while under the influence
part of the accused.
of alcohol, A called B, his driver, and C, his helper. He got his gun
then he ordered both of them to take off their clothes. He then Case in point: US vs Ah Chong (15 Phil 488): Ah chong was afraid of
pointed his gun to the two and told B to have a sexual bad elements. One evening, before going to bed, he locked himself in
intercourse with C. So, C was raped by B. his room by placing a chair against the door. After having gone to
bed, he was awakened by someone trying to open the door. He called
Q; Can B be held liable? out twice “Who is there’, but received no answer. Fearing that the
A: No, since he committed the crime under the compulsion of an intruder was a robber, he leaped from his bed and called out again,
uncontrollable fear. “If you enter the room I will kill you.” But at that precise moment, he
was struck by the chair that had been placed against the door, and
2. Intelligence- means the capacity to know and understand believing that he was being attacked, he seized a kitchen knife and
the consequences of one’s act struck and fatally wounded the intruder who turned out to be his
o in order to be held liable, a person committing roommate. His roommate died.
a crime by means of dolo must have Is he liable? According to the SC, he is not because there was no
intelligence. criminal intent on his part. He was performing a lawful act of self-
o If it is found out that at the time the person defense although there was the so-called mistake of facts.
committed the crime, he does not have
intelligence, there is complete absence of Had the facts been as Ah Chong believed them to be, he would be
intelligence he is not liable. justified in killing the intruder under Art 11, par 1 of the RPC because
o Imbecile(a person who is chronologically a) there is an unlawful aggression on the part of the person killed- Ah
adult but with a mental ability which is Chong was hit by the chair ug ang intruder forced his way into the
equivalent to a child who is 6/7 years old) or room of Ah Chong; b) the stabbing/use of the knife is a reasonable
completely insane person cannot be held
 Criminal Law Notes (Article 1-10)
means to prevent or repel such aggression; and c. Ah Chong gave imprudence. There was lack of foresight. Not good to tinker with
no provocation at all. phone while driving. It is the same with driving while drunk. So
there is negligence or imprudence on the part of the driver thus
he is liable. He is liable for a crime through culpa. He could be
There must be no malice or fault or carelessness on the
charged and held liable for reckless imprudence resulting in
part of the accused.
homicide.
Ah Chong case: was the accused careful? Yes because he
asked,―who are you?‖ But there was no answer.
GENERAL CRIMINAL INTENT; SPECIFIC CRIMINAL
Another case: People vs Oanis (74 Phil 257): The Chief of police INTENT.
and his subordinate were executing a warrant of arrest for a
notorious criminal. Bringing the warrant of arrest, they went Dunay ubang kaso na aside from general criminal intent, the
to the house were the person subject of the arrest was. Upon prosecution must also be able to prove specific criminal
reaching the house, they saw a person sleeping lying on his intent. Again, SPECIFIC CRIMINAL INTENT.
side, with his back fronting them. Now believing that that
person was the subject of the arrest and considering that, that Usually, it‘s only the general criminal intent that is required to
person was a notorious criminal, they immediately fired their be established- it is actually presumed. But there are some
gun at him. It so happened that it was not the person they crimes that require proof of specific criminal intent.
were looking for. And so they were charged with murder.
Question, are they liable? Yes. Example. Attempted homicide or attempted murder. So
kung pananglitan dunggabon ka or pusposan kag baseball
- Q: pwede b ani ma consider as Mistake of fact? No bat diri sa ulo unsa may crime nga nacommit? Let‘s say
because the requisite of without fault or carelessness wala namatay.
on the part of the accused is lacking. The accused had
ample time and opportunity to ascertain his indentity - That could be attempted murder or attempted
without hazards to themselves, and could effect a homicide or
bloodless arrest if any reasonable effort to that end
had been made, as the victim was unarmed. - if the wounds are serious and if it‘s not for the timely
medical assistance, ang biktima wala namatay. That
- Now they argue that they can be liable only for could be frustrated homicide or frustrated murder.
reckless imprudence resulting to homicide. Are they
correct? No. Because they had criminal intent. Unsa - HOWEVER, in order to convict the accused of such
man tawn ang sala atong tawhana nga natug ra man. crime- attempted homicide, attempted murder,
They could‘ve justified the use of their firearms kung frustrated homicide, frustrated murder, the
nisukol pa to. Kung wala to nisukol, ila ta to prosecution must be able to prove the specific
gipasukol. And bisan pa to nisukol di man justified intent of INTENT TO KILL.
nga imo patyon kay di man necessary na nga patyon.
So they are liable for Murder. - Because if the prosecution fails to present evidence
showing intent to kill on the part of the accused, the
- Why is it that they should be liable for Murder? Because accused cannot be convicted of frustrated homicide
there is treachery. There is treachery when the or frustrated murder. Bisag hapit pa na siya
victim doesn't have the opportunity to defend mamatay, nag comatose sa hospital. Kung dili maka
himself. prove ug specific criminal intent, the accused cannot
be convicted of frustrated homicide or frustrated
- Why not reckless imprudence resulting to homicide? murder but only of serious or less serious physical
Because when treachery is committed, it injuries or slight physical injuries, depending upon
presupposes that they committed the crime with the seriousness of the wounds.
criminal intent. Because when a crime is committed
by means of culpa, the perpetrator has no any - So kanang serious physical injuries, or less serious, or
criminal intent, just negligence or imprudence. even slight physical injuries, nagkinahanglan ra na
siya ug general criminal intent. Pero kung mucharge
Requisites for the crime of culpa or fault: na gani ka ug attempted homicide, attempted
1. Freedom murder, frustrated homicide, frustrated murder
2. Intelligence nagkinahanglan na na siya ug specifical criminal
3. Negligence or Imprudence intent to kill. Kasabot mo?
-
Ex: a person is driving his car. Then while driving, he received So there are some crimes that require proof of specific
a message so he read it but he didn‘t notice that it was already criminal intent otherwise the accused will not be convicted.
the red light so he hit a pedestrian. Is there freedom? Yes there
is freedom. Is there intelligence? Of course. Would an insane - THEFT. That requires the SPECIFIC CRIMINAL
person be able to drive? But was there criminal intent on his INTENT TO GAIN. If there is no evidence of specific
part to kill the pedestrian? None but there is negligence or intent to gain on the part of the accused, he cannot be
 Criminal Law Notes (Article 1-10)
convicted for theft.
 Criminal Law Notes (Article 1-10)
they become wrongful
TWO KINDS OF CRIMES Such as murder, rape, only because there is a
Crimes committed by Crimes committed by robbery, theft, homicide, law prohibiting such acts.
dolo culpa etc. ; intent governs The only inquiry: has the
law been violated?
Requires general criminal Good faith is a defense Good faith is not a
intent or in the case of defense because intent
some crimes, proof of is not
specific intent. material
There are crimes that do not require criminal intent. And Most of the crimes here Most crimes here are
what are these crimes? These are the crimes in violation are punishable under the punishable by SPL.
of Special Penal Laws. RPC.
Good faith and lack of Good faith not a defense since
criminal intent are good criminal intent is immaterial
Example 1: violation of PD 1866. (What are these PDs again? defenses in mala in se
Presidential Decrees! Kinsa pay nag enact ani? Marcos!) - Good faith not a
defense in ―technical
During the election ban, si A samtnag ga drive sa iyang ca, malversation‖ People v.
nagdala2x ug pusil duol sa usa ka electoral precinct. Adoi karon, Ysidoro Nov. 14 2012
gitwag man siya sa iyang friend, si B. So nikanaog siya sa iyang
car, gidala2x iyang pusil ug niduol kay B. Toa, nasakpan siya
nagdala2 siya ug pusil ug giconfiscate, so mao to gikasuhan.

Now, niana ka na wala man ko liability kay wala man ko Ngano niingon man ko nga most, ngano wala man ko niingon nga
intention to commit a crime, is your argument tenable? No, ―all‖? Dunay kaso.
criminal intent is immaterial in a crime punishable by
Special Laws. What is required is only the fact that you Case: People vs. Sunico: Kaniadto, kanang members of the Board
committed the act prohibited by law. of Election Inspectors (kana bitaw magbuhat sa list of voters).
Magbuhat na sila mga tulo ka list. Tagaan ra na sila ug usa ka
It may be conceded that defendant did not intend to intimidate any libro nga listahan nya magbuhat sila ug 2 other lists.
elector or to violate the law in any other way, but when he got out of Kopyahon nila tong lista gikan ato gihatag, kay wala pa may
his car and carried his gun inside of the fence surrounding the polling
computer niadto. Just imagine sa isa ka bulk of voters dunay 200
place, he commtted the act complained of, and he committed it
or 300, usahay pa 500 depende sa kadako sa precinct.
willfully. The Election law does not require for its violation that the
offender has the intention to intimidate the voters or to interfere
otherwise with the election. Kato naglista na sila, kapoy na siguro kay to sila. Nay mga
voters nga na-omit so wala sila ka vote. Meaning they were
The election law prohibits and punishes the carrying of a firearm disenfranchised. The teachers were charged with violation of
inside a polling place, and that person did the prohibited act freely the election code. They raised good faith. According to the
and consciously, he head the intent to perpetrate the act. prosecution, a violation of the Election Code is a violation of a
special law. According to the prosecution it is malum
Ang pangutana ra jud diha dili kay do you have criminal intent, prohibitum, therefore good faith is not a defense. Giconvict
kundi did you commit the act prohibited by law. If the answer sila sa trial court.
is yes, then you are liable. It is immaterial whether you have the
intent. Okay do you understand? But on appeal they were acquitted. Matod pa sa CA, although
the law violated is a Special Penal Law, the act of
MALA INSE VS. MALA PROHIBITA disenfranchising a voter is considered mala in se. It is
wrongful by its nature. And because it is wrongful by its
nature then good faith is a defense.

Mala inse Mala prohibita

by their nature they are they are not by their
bad, they are wrongful. nature wrongful, but
 Criminal Law Notes (Article 1-10)
Q: What is mens rea? there could be 2 crimes, against the victim and the unintended victim.
A: mens rea is referred to as the gravamen of the offense. (Article 48. Complex Crimes)
Ex. In theft, the mens rea is the taking of the property of Example: X wanted to kill Y. The bullet went through Y and
another with intent to gain. hit A who was sitting at the back of Y. Both died. X is liable for both
crimes committed.
MOTIVE – is the moving power or force which impels a
person to a desired result or simply a reason for the accused 2. PRAETER INTENTIONEM – lack of intent to commit so grave
to commit the crime a wrong. Here the injury is on the intended victim but the resulting
consequence is so grave a wrong than what was intended. To be
Is it necessary for prosecution to present proof of motive? appreciated, there must be a notable disparity between the means
GENERAL RULE: Proof of motive or evidence establishing employed and the resulting felony. Praeter intentionem is a
motive is not necessary. mitigating circumstance (Art. 13, par 3, RPC)
Example: Example: X punched Y. Y fell to the concrete and hit his head
Mayor killed his political rival; motive is political and died. X has no intention to kill Y. X is liable.
Husband killed the paramour of his wife; motive is jealousy or
love triangle Another: A and B went on a drinking spree. While they were
EXCEPTIONS: Motive is material when: drinking, they had some argument so A stabbed B several times. A’s
1. When the act brings about variant crimes defense is that he had no intention of killing his friend and that he did
Example: when teacher is attacked on his way home by a not intend to commit so grave a wrong as that committed. Is preater
student, is the accused automatically liable for direct assault intentionem properly invoked? No, because praeter intentionem is
the fact that the victim is a teacher? No! It must be proven mitigating only if there is a notable disparity between the means
that the reason of the attack has connection to the employed and the resulting felony. The fact that several wounds were
performance of the duties of the teacher, if the attack has inflicted on B is hardly compatible with the idea that he did not intend
nothin to commit so grave a wrong as that committed.
g to do with the performance of the teacher, then it is not
considered direct assault. So there must be proof of MOTIVE. 3.ERROR IN PERSONAE– The offender meets the object to which the
2. When the perpetrator is not positively identified due to felonious act is aimed, however, mistaken in the identity of his victim.
lack of witnesses
3. To determine whether the killing was intentional or Example: X wanted to kill Y. X waited for Y in a dark alley. When X
accidental saw a person going to his direction, and the figure resembles to
4. When accused claims self-defense that of Y, X immediately fired his gun. However when he
5. The evidence on the commission of the crime is purely approached the body, he found out that it was his father that he
circumstantial shot. X is liable for parricide.

Motive Intent Other scenarios:

It is the moving power which It refers to the use of a 1. Accused was cleaning his licensed firearm. Upon finishing,
impels a person to act for a particular means to achieve the accused wanted to test out his gun. Upon searching for a target, a
definite result desired result cat passed by the walls of his property. He then tried to point the
A crime may be committed It is an ingredient of dolo or gun at the cat. Accused fired the gun with the intention of hitting
without motive. It is not malice and thus, an element of the cat. Unfortunately, the cat jumped and the bullet hit his
element of the crime. deliberate felonies neighbor instead on the other side of the wall. Is he liable for
Is essential only when the Is essential in intentional unintentional crime of homicide? or reckless imprudence resulting
identity of the perpetrator is in felonies in homicide?
doubt Take note that article 4 is applicable only for unintentional crime,
it says different from the crime which intended to commit, so he
Article 4. When is criminal liability incurred? must have intention to commit such crime. He was charged with
- By any person committing a felony homicide, is he liable? he doesn‘t have any criminal intent to kill
- Although the wrongful act or the resulting crime his neighbor! They were friends!
done is different from that which he intended to Take not that a person committing a felony is liable for the felony
commit committed even if the felony is different from that which he
- A person is liable for all the direct, natural and intended to commit. In this case, the intention to kill the cat is
logical consequences of his felonious act malicious mischief which is a felony penalized under the RPC.
Hence, he could be liable for homicide.
Circumstances/possible scenarios wherein the resulting c
rime is different from what the accused intended: (APE) Note: To be held criminally liable for the resulting crime/act, the
1. ABERATIO ICTUS – (mistake in the blow). In aberration person must be committing a felonious act; he must be
ictus, the offender intends the injury on one person but the committing a crime in order to be held criminally liable for the
harm fell on the other. There are three persons present when RESULTING ACT which is different from the crime he intended to
the felony is committed: the offender, the intended victim and commit.
the actual victim.
Here, the crime committed is different from what is intended; 2. X decided to commit suicide. He decided to jump over
 Criminal Law Notes (Article 1-10)
Macapagal bridge. As he was about to jump, he closed his cause, produces the injury, and without which the result would not
eyes, asking for a sign from God. As he opened his eyes, he have occurred. Simply, such adequate and efficient cause as, in the
saw a billboard from Nike (JUST DO IT!), without natural order of events, and under the particular circumstances
hesitation, he jumped. Unfortunately, a fisherman who was surrounding the case, which would necessarily produce the event.
spearfishing just came above the water and was hit by X
who jumped. The fisherman was killed and X survived. When there is an ACTIVE FORCE that intervened between the felony
Question, is he liable? committed and the resulting injury and that active force is a distinct
In order for Article 4 to apply, the intended act must be a act or fact absolutely foreign from the act of the accused, the accused
felonious act, so, is committing suicide a felonious act? The is not liable.
answer is no, he cannot be held liable. However, it could‘ve
been different if he saw the fisherman before jumping, Examples:
then he could‘ve been liable for reckless imprudence
resulting to homicide. Ok? 1. Accused boxes the victim. But accidentally
the horse nearby jumped on the victim. Is accused
Note: Just look at the INTENDED ACT or the ACT liable?
WHICH HE INTENDED TO COMMIT, if it is a felonious - No. The death of the victim can’t be considered as the
act, then he is LIABLE under Article 4. A person who direct natural and logical consequence of the boxing of
committed a felonious act is liable for all the direct, the accused. The jumping of the horse is an active
natural and logical consequences of his felonious act. intervening force. The accused could be held liable of
slight physical injuries only but not of the death of the
ABERRATIO ICTUS ERROR IN PERSONAE victim.
A person directed the The victim actually
blow at an intended received the blow, but he 2. The accused inflicted physical injuries on the
victim, but because of was mistaken for another victim. But the victim deliberately immersed his
poor aim, that blow who was not at the scene body on contaminated water. Infected and so it
landed on somebody else. of the crime. became serious. Liable?
The offender, the There are only two - No. The accused can’t be liable for serious injuries
intended victim as well as persons present in error but only of slight physical injuries. Deliberately
the actual victim are all at in personae- the actual immersing the body into contaminated water can be
the scene of the crime. It but intended victim and considered as an active intervening force. The resulting
generally gives rise to a the offender. injury is the result of the intentional act of the victim
complex crime. himself. (US vs Delos Reyes. GR 13309)
It generally gives rise to The provisions of Art. 49 3. The accused stabbed the victim with a
the complex crime. This applies in error in bamboo stick and the accused was brought to the
being so, the penalty for personae, that is, the hospital but was not confined. 21 days later, the
the more serious crime is penalty for the lesser victim was brought again to the hospital. The
imposed in the maximum crime will be the one next day he died. Accused was charged with
period. imposed. homicide. What is the liability?
- Try to see the decision of the SC. I will not
To reiterate: (Criminal liability incurred when) spoon feed you! (Pp vs Villacorta GR No. 186412
1. By any person committing a felony and by any person an 9/7/11)
unintended felony provided that the unintended felony is
the direct, natural and logical (DNL) consequence of the 4. If the accused is carrying a knife and chased
intended felonious act. the victim. Due to fear, the victim ran away.
Example: When he saw the accused nearing him, he
Mr. X tried to stab Mr Y. Mr Y was able to jumped into the sea but the victim doesn‘t know
move away. Mr Y tried to get the knife and how to swim. Victim died. Liable?
disarm Mr X. In the course of trying to - Yes, Legal Basis: Article 4.
disarm X, Mr. Y incidentally injured Mr. A.
Is Mr. Y liable for the injury caused to Mr. A? 5. If the accused staged a robbery in a jeepney. X
- No, because Mr. Y was not committing a out of fear, jumped off the jeepney but she hit
felonious act. Defending oneself is not a her head first on the concrete and died. Liable for
crime. He was performing a lawful act. ROBBERY ONLY or ROBBERY WITH HOMICIDE?
- Robbery with Homicide! Legal Basis: Check this
To be liable, there must be a logical connection. Meaning case (Pp. vs Pahi 77 SCRA 348)also check (Pp vs
there must be a relation between the felonious act and the Valdez 41 Phil 497)
resulting crime. In other words the resulting act must be the
proximate cause of the intended felonious act. Note: Any person who creates in another’s mind an immediate
sense of danger, which causes the latter to do something
Proximate Cause: refers to a cause, which, in natural and resulting in the latter’s injuries, is liable for the resulting injuries.
continuous sequence, unbroken by any efficient intervening
 Criminal Law Notes (Article 1-10)
Example: X and Y are crew members of cargo vessel. They had Examples:
a heated argument. X with a big knife in hand threatened to 1. X saw Y (his enemy) sleeping on a bamboo bed.
kill Y. The victim Y, believing himself to be I immediate peril, He stabbed Y. But it so happened that Y died 3 hrs
threw himself into the water. Y died of drowning. Is X liable? ago pa. What crime is committed?
Yes, X is liable for the death of Y. - Impossible crime! Crime would‘ve been murder
had it not been for its legal/ physical impossibility
Q: How is proximate cause negated? to accomplish the crime. You cannot kill a dead
A: Proximate cause is negated when: person.
a. Active force, distinct act, or fact absolutely foreign from
the felonious act of the accused, which serves as a
2. X saw a beautiful lady sleeping on a bamboo bed
sufficient intervening cause;
and X raped the lady. But the lady was actually dead
b. Resulting injury or damage is due to the intentional act of
2 hours prior. Crime committed?
the accused.
- Impossible crime to commit rape! Why? Rape is a
Another instance when a person is criminally liable is: crime against persons and there was legal/physical
impossibility to accomplish the crime.
2. By any person performing an act which would be an
offense against persons or property, were it not for the 3. X secretly took away the cellphone of Y. X later
inherent impossibility of its accomplishment or on discovered that that cellphone was the same phone
account of the employment of inadequate or ineffectual he lost last week. Crime?
means. (AKA IMPOSSIBLE CRIME) - Impossible crime TO COMMIT theft. Take note:
IMPOSSIBLE CRIME gani, ang apilyedo kay TO
COMMIT (murder, rape, theft) --- Remember, crimes
1. Familiarize yourselves with crimes against Persons or Property ra ni.
against PERSONS and PROPERTY.
 Felonies against persons: parricide, murder, 4. W is tired of H, her husband being a
homicide, infanticide, physical injuries, etc. womanizer/drunkard. Ig sweldo, di mo hatag sa
 Felonies against property: robbery, theft, sweldo, hubog pa! So in the morning, W made coffee
usurpation, swindling, etc. for him. She put poison but later noticed that H was
not affected. What she thought was poison was
Requisites of Impossible Crime: actually white sugar. Matod pas iyang bana,
a. accused is performing an act, and such act would have ―Tam-is man kayo, dear!‖ Crime?
been a crime against PROPERTY AND PERSONS. - Impossible crime to commit Parricide.- here the
b. Act was done with evil intent means was ineffectual.
c. Its accomplishment is inherently impossible or the means
employed inadequate or ineffectual The next day, nanigurado nagyud! W bought
d. the act performed should not be a violation of any Racumin (para sa ilaga). She put it in the coffee, but
provision of the RPC H was still not affected cause she placed a very little
amount.
Note: The offender must BELIEVE that he can consummate the - So here, there was inadequate means as
intended crime. A man stabbing another who he knew was already opposed to the last scene.
dead cannot be held liable for an impossible crime. -
5. A always resented his classmate, B. One day, A
Q: What is the essence of an impossible crime?
planned to kill B by mixing poison in his lunch. Not
A: The essence of an impossible crime is the inherent impossibility of
knowing where he can get poison, he approached
accomplishing the crime or the inherent impossibility of the means
another classmate, C to whom he disclosed his evil
employed to bring about the crime.
plan. Because he himself harbored resentment
towards B, C gave A a poison, which A placed on B’s
Q: What is the reason for penalizing impossible crime?
food. However, B did not die because, unknown to A
A: To teach the offender a lesson of his criminal perversity. Although
objectively, no crime is committed, but subjectively, he is a criminal. and C, the poison was actually a powdered milk. What
crime/s, if any, did A and C commit?
Impossible Crime is the only crime which is penalized under A: A and C are liable for the so-called impossible
Book 1. All other crimes are defined in Book 2. crime, because, wit intent to kill, they tried to poison
B, and thus perpetrate murder, a crime against
 Penalty for Impossible Crime: ARRESTO persons. He was not poisoned due to the employment
MAYOR (found in Art 58) of ineffectual means.

Q: Is impossible crime a formal crime?

 Impossible crime is not really a crime but the RPC A: Yes, by its very nature, an impossible crime is a formal crime. It
imposes a penalty because of the person‘s CRIMINAL is either consummated or not consummated at all. There is
TENDENCY. therefore no attempted or frustrated impossible crime.
 Criminal Law Notes (Article 1-10)

Unconsummated Impossible crimes Article 6. Consummated, frustrated, and attempted felonies. -

felonies Consummated felonies as well as those which are frustrated and
Intent is not Intent is not attempted, are punishable.
accomplished accomplished
Intent of the offender Intent of the offender A felony is consummated when all the elements necessary for its
has the possibility of cannot be execution and accomplishment are present; and it is frustrated when
accomplishment accomplished the offender performs all the acts of execution which would produce
the felony as a consequence but which, nevertheless, do not produce
Accomplishment is Intent cannot be
it by reason of causes independent of the will of the perpetrator.
prevented by the accomplished
intervention of because it is
There is an attempt when the offender commences the commission of
certain cause or inherently impossible
a felony directly or over acts, and does not perform all the acts of
accident in which the to accomplish or
execution which should produce the felony by reason of some cause
offender had no part because the means
or accident other than this own spontaneous desistance.
employed by the
offender is
In a nutshell:
inadequate or
ineffectual.
Stages of Execution
1. Internal Acts (mere ideas)- not yet punishable
2. External Acts: you are now executing the act which is
Article 5. Duty of the court in connection with acts which subdivided into two: 1. Preparatory act- Gr; not punishable,
should be repressed but which are not covered by the law, except for an election offense; and 2. Acts of execution which
and in cases of excessive penalties. - Whenever a court could either be attempted, frustrated or consummated
has knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall Now, in the commission of a crime, there are two (2) stages. These
render the proper decision, and shall report to the stages are: (1) Internal Acts; and (2) External Acts.
Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said act Internal Acts
should be made the subject of legislation.
These are mere ideas in the mind of a person. These are not yet
punishable. For example, mag huna2x kang mang-rape ka or mag
In the same way, the court shall submit to the Chief
huna2x kang mangawat ka, or mag huna2x kang mupatay ka. You will
Executive, through the Department of Justice, such
not be punished because of your evil thoughts.
statement as may be deemed proper, without suspending
the execution of the sentence, when a strict enforcement
External Acts
of the provisions of this Code would result in the
imposition of a clearly excessive penalty, taking into You are now doing acts according to your thoughts. For example, nag
consideration the degree of malice and the injury caused huna2x kang mopatay, maong nang hulam kag pusil, nang hulam kag
by the offense. (self-explanatory) motor.
External acts are further divided into two: (1) the Preparatory Acts and
(2) the Acts of Execution.
ARTICLE 6: Consummated, Frustrated, and Attempted
Felonies Preparatory Acts
Now, Article 6 tells us another classification of Crimes. Ordinarily they are not punishable. For example, gusto kang mopatay,
Crimes can be classified ―According to the stage of its ngita kag pusil. Palit kag pusil sa Danao. Preparatory acts. Palit kag
execution. kutsilyo sa Basak. Preparatory acts. Now, most of the preparatory
Under Article 6, felonies are classified into three (3) acts are not yet punishable. Kun mopalit kag pusil, silutan naba ka
according to the stage of execution and these are: (a) ana? Dili pa. Except kun mag dala2x ka ana during COMELEC gun ban.
Attempted Felony Pero as a rule, di pa na sya punishable. Another example, gusto kang
(b) Frustrated Felony and hiloan nimo imong husband or imong wife. Palit kag hilo. Preparatory
(c) Consummated Felony. acts kana. That is not yet punishable.

Acts of Execution
So, nana kay hilo or nana kay kutsilyo o pusil, then you will now use
the firearm or the knife to accomplish the crime that you plan.
The acts of execution are further divided into three. So mao nana
syang Attempted, Frustrated and Consummated Stage.
Kanang acts of execution duna nana syay gitawag og ―overt acts‖.

Overt Acts
The overt acts, in order to be punishable, must have connection to the
intended crime. That is what is meant by ―directly by overt acts‖.
 Criminal Law Notes (Article 1-10)
Look at the definition of Attempted Felony under Article 6.
Question: What is the crime committed?
ATTEMPTED FELONY The accused was charged with Attempted Robbery. Is the accused
Elements: liable for that crime? Does the overt act of the accused of removing
1. offender commences the commission of a felony directly by a portion of the wall already have direct connection to robbery?
overt acts
2. he does not perform all the acts of execution which should Ruling: According to the SC, he is not liable for Robbery but only of
produce the felony Attempted Trespass to Dwelling. The act of removing a portion of
3. the offender’s act is not stopped by his own spontaneous the wall could only be connected to Attempted Trespass to
desistance; and Dwelling, not of Robbery.
4. the non=performance of all acts of execution was due cause That is the importance of the phrase, ―directly by overt acts‖. The
or accident other than his own spontaneous desistance. overt acts committed must have connection to the intended crime.
Note: The commission of a felony is deemed commenced ―.. And does not perform all the acts of execution which should produce
directly by overt acts when there are external acts and such the felony by reason of some cause or accident other than his own
acts have direct connection with the crime intended. spontaneous desistance‖

Case: There was this case, the barangay tanods were Kanang Acts of Execution, pwede na sya mabahin into:
patrolling. Now they chance upon a person removing a Subjective Phase and Objective Phase.
portion of a wall of a house which is also used as a store.
Balay sya unya naa puy tindahan. So the barangay tanods saw Subjective Phase- that portion of execution of the crime starting from the
a person in the act of removing a portion of a wall. point where the offender begins up to that point where he still has control
of his acts.

If it reaches the point where he has no more control over his acts, the
subjective phase has passed. It he subjective phase has not yet passed, the
felony would be a mere attempt, but if it already passed, but the felony is
not produced, as a rule, it is frustrated.

Meaning, the execution of the acts is still within the control of the
offender. So, the offender may choose to continue with the crime
or not. So like our first example, kadtong gi remove and portion sa
wall. Tingali ang tuyo ato niya mao gyud ang pag pangawat sa mga
tinda. Pero kun mao to iyang tuyo, he still has the chance to desist.
So, attempted stage.

Example. Gusto nimo patyon ang tawo, imong gi-tiunan og pusil.

Within pana sya sa imong control. Nalooy ka. Within pana sya sa
imong control. Mao na syay gitawag og Subjective Phase. In the
Attempted Stage, the offender was not able to perform all the acts
of execution and the reason why he was not able to perform all the
acts of execution is because of causes other than his own
spontaneous desistance.
So in our example earlier, the reason why the accused was not able
to enter the house is because of the roving barangay tanods and he
was arrested.

Another Example. The accused, with intent to kill the victim, fired
at the victim but the firearm did not fire because it malfunctioned.
So, why is it that he was not able to perform all the acts of
execution? Because the firearm malfunctioned. It is not because of
his desistance.

Another Example. He fired at the victim but he was not able to hit
the victim because of his poor marksmanship. What is the reason
why he was not able to perform all the acts of execution? Because
of his poor marksmanship, not because of his own spontaneous
desistance.

Another Example. Or when he pointed at the victim but he was

not able to hit the victim because the victim ran away in a zigzag
 Criminal Law Notes (Article 1-10)
manner. What is the reason why he was not able to FRUSTRATED FELONY
perform all the acts of execution? Because the victim Elements:
because the victim ran away in a zigzag manner and not 1. offender performs all the acts of execution
because of his own spontaneous desistance.
2. all the acts performed would produce the felony as a
consequence;
Situation: What about if the accused fired at the victim but
the victim was not hit. The victim cried and pleaded to spare 3. felony is not produced; and
his life, ―Sir, ayaw kog patya kay naa koy pamilya. Bata pa 4. by reason of causes independent of the will of the perpetrator.
raba kaayo akong asawa.‖ Nalooy ang accused. He desisted.
So, if not for the timely medical assistance AND expertise of the
Question: Is the accused liable for Attempted Homicide? doctor, the accused would have died. Frustrated Stage.

Answer: In order for the accused not to be liable by virtue of Objective phase- results of the acts of execution, that is, the accomplishment
his desistance, it is necessary that the acts that he performed of the crime.
should not constitute any offense.
If the subjective and objective phases are present, there is consummated
felony.
Example: So pananglitan, on his way to the house of the
victim, he saw the victim sleeping. Giduol niya, uy, nalooy
CONSUMMATED FELONY
man siya. So, niuli sa ilaha. Is he liable? NO, because kadtong
A crime is consummated when all the elements of the crime are
iyang pag duol dili paman to mo constitute og crime.
present.
Pero, kun iya nato syang napusil unya nalooy siya, that can
already be considered as a crime despite his desistance. And
Case: The wife is already tired of her husband. Palahubog, sugarol,
kun napusil gyud to niya, that can be considered as Attempted
mamaye, mao tong naka huna2x siyang hiloan iyang bana. Iyang
Homicide or Attempted Murder.
gihurot ang isa ka sachet sa hilo sa ilaga sa kape sa iyang bana kay
Kun gi point lang, that is not an Attempted Stage but that is
gapatimpla man kay hubog. Sos! sa dihang nag bula2x na ang baba
Consummated Crime. Grave Threats. Pero kun iya nang na
sa bana, ang asawa doktora man, naka huna2x, naka realize nga
pull ang trigger unya usa sya ni desist, he could be liable for
she could not live without her husband. Mao tong iya dayon gipa
Attempted Homicide.
inom og usa ka gallon nga honey. Naulian ang bana. The husband
Dunay instances when an overt act could be considered an
filed a case of Frustrated Parricide against his wife. Was the wife
Attempted Stage of a crime pero duna say instances when the
able to perform all the acts of execution? Yes. Nagbutang syag hilo.
same act could be considered as another crime, a
Nainom na sa bana.
Consummated Crime.
Question: Is the wife liable for Frustrated Parricide?
Example. The accused saw a beautiful woman, murag si Kim
Chui, nga natug. Iyang gi hikap2x ang mga private parts.
Answer: NO. Why? Because the crime was not accomplished
Private kay for ―private use only‖ man. Whats the crime
because of her will. She could not be held liable for Frustrated
committed? That‘s Consummated Crime of Acts of
Parricide. Perhaps, Serious Physical Injuries kay ga suka2x man
Lasciviousness.
ang bana, but that cannot be Frustrated Parricide. In frustrated
crime, the accused performs all the acts of execution which would
What about if after touching the private parts, he undressed
produce the felony but the crime was not produced because of
the woman, likewise undressed himself, and placed himself
some causes independent of the will of the perpetrator.
on top of the woman. That could no longer be Acts of
In the problem given, the crime was not produced because of the
Lasciviousness, but that is already an Attempted Stage of
acts performed by the accused.
Rape. Because the overt acts of undressing the woman,
Now, in order to determine what stage is the commission of the
undressing himself, and placing himself on top of the woman,
crime, it is sometimes helpful to know the manner of the
these overt acts will constitute the Attempted Stage of the
commission of the crime, the elements of the crime, as well as the
crime of Rape. The intention to rape now is obvious.
nature of the crime.
So, that is just to show you that an overt act may be a
Consummated Crime and if you go further, pwede na syang
Now there are crimes that have no attempted or frustrated stage.
mahimong Attempted Stage of another crime.
There are crimes that are consummated at once. These crimes are
called formal crimes.
Situation: What about if the accused was able to pull the
trigger, hit the victim in the head. The victim was rushed to
There are also crimes which have attempted, frustrated and
the hospital and if it were not for the timely medical
consummated. These are called material crimes.
assistance AND expertise of the doctor the victim would have
died. Kanang duha mag uban jud na. Kay kun immediate
There are even crimes that are attempted and consummated. Some
medical assistance pero banga ang doctor, patay!
crimes do not have frustrated stage. Example: Theft. It does not
What is the state of the commission of the crime?
have any frustrated stage, only attempted and consummated.
Frustrated. Now, kaning frustrated, naa nani sa Objective
Why? Because in the crime of theft, it is consummated the moment
Phase.
the accused takes control over the stolen item. Opportunity to
 Criminal Law Notes (Article 1-10)
dispose of the item is not necessary. intent to kill.
 The words uttered. For example, when the
CASE IN POINT: Ppvs Valenzuela, June 21, 2007 accused pulled the trigger he said ―I will
Unlawful taking is deemed complete from the moment the kill you‖, there is intent to kill.
accused takes possession of the thing even if he has no  The number of wounds.
opportunity to dispose of the same.
 What about if prosecution was not able to
You have to know the manner in committing the crime.
prove intent to kill? And the wounds are
serious?
Example of crimes committed at once:
 The crime committed would be serious
 Acts of Lasciviousness
physical injuries only. So intent to kill
 Libel
would distinguish between physical
 Oral defamation injuries and attempted homicide or
 Physical injuries murder.
You have also to know the nature of the crime. Example, the
case of arson. The accused is holding with him a rug soaked Hence, the criteria involved in determining the stage of the commission of
with gasoline and match because he is going to burn the a felony are: (MEN)
building. Before he lights the match, he was arrested. What is 1. Manner of committing the crime;
the stage? Attempted stage 2. Elements of the crime; and
But suppose the accused was able to light the match and the 3. Nature of the crime itself.
rug, that would be frustrated although no part of the building
is burned. But if part of the building is burned, that would be
consummated. It is not necessary that the entire building is Attempted Frustrated Consummated
consumed. It is enough that just a part of it is burned.
Criminal Criminal Criminal
Take note that if all elements are present, the crime is
purpose was not purpose was not purpose was
consummated.
accomplished accomplished accomplished
In the crime of attempted, frustrated murder, it is necessary
Offender merely Offender has Offender has
that the prosecution should prove intent to kill. How do you
commences the performed all performed all
distinguish attempted from frustrated?
commission of the acts of acts of execution
- Take note that in order for the accused to be held
the cime execution which which would
liable for attempted or frustrated murder, aside from
directly by overt would produce produce the
intent to kill, the victim must have also sustained
acts the felony as a felony as the
mortal wounds or the vital organs must have been
consequence consequence
hit and had it not been for the timely medical
assistance and expertise of the doctor, the victim The The The felony was
would have died. intervention of intervention of produced as a
certain cause or certain cause or consequence of
- For example the victim was hit in the head by a
accident which accident which the act of the
bullet which almost hit the brain or the brain was hit.
the offender had the offender had offender
That would be frustrated because he sustained a
no part no part
mortal wound. The wounds must be fatal.
prevented the prevented the
- Suppose the bullet just grazed. He was hit but the
accomplishment accomplishment
bullet just grazed the head. That would only be
attempted homicide or attempted murder because Offender has not Offender has Subjective and
he did not suffer mortal wound. passed the reached the objective phase
- For example, he was stabbed in the stomach and his subjective phase objective phase are present
intestines were hit and had it not been of timely
medical assistance and expertise of the doctor he
would have died. That would have been frustrated What do you mean by light felonies and less grave felonies?
homicide or frustrated murder. - Crimes could be classified into grave, less grave or light
- Why is it so? Why frustrated homicide or murder? felonies.
 If the attending circumstances that would
constitute the crime of murder are present - When can you say that the felony is grave?
then that would be frustrated murder. If
not, then it would be frustrated homicide.  That would depend on the penalty imposable.
 How can the prosecution prove intent to  Art.9 in relation to Article 25. Penalties
kill?  Grave felony –refers to a felony in
 The weapon used. If the weapon is which the law attaches the capital
a firearm, there is intent to kill. punishment or afflictive penalties.
 The location of the wounds. If you o Afflictive penalties – from
were shot in the head and the prision mayor, reclusion
bullet didn‘t hit your head, there is temporal, reclusion
 Criminal Law Notes (Article 1-10)
perpetua and death.  First, these are just preparatory acts. Meaning,
 Less grave felony – felony in they are not punishable.
which the law imposes the  Second, these are crimes by themselves.
penalty in its maximum period is - Conspiracy and proposal can only be considered crimes if
correctional. (arresto mayor and there is specific provision of law penalizing mere
prision correccional) proposal or conspiracy. If none, they are just considered
preparatory acts and they are not punishable.
 Light felony – is an infraction of
 Example: Conspiracy/ Proposal to commit treason
law for the commission of which
rebellion, sedition. They are punishable by the RPC,
the penalty of arresto menor or
Art 115.
a fine not exceeding Forty
thousand pesos (Php40,000.00)  Example: X and Y agreed and decided to kill
or both is provided. A. Are they liable at that point in time?
 No. mere proposal or conspiracy to commit
In relation to Article 26 (Fine)- When afflictive, correctional, a crime of murder is not punishable. There
or light penalty- (imposed either a single or alternative is no specific provision of law to commit
penalty) murder.
Afflictive- more than 1.2 M  There‘s also no law punishing mere
Correctional- 40k to 1.2M proposal/conspiracy to commit the crime
Light- less than 40,000.00 of robbery
- What is the liability of conspirators?
Now, Under Art. 7 says the light felonies are only  Conspirators are equally liable regardless of the acts
punishable when they are consummated except those committed. They are equally liable as principals.
felonies committed against persons or property.  Suppose X and Y agreed and decided to rob OFW.
They agreed that they will only rob. When they
Note: As a general rule, it is only punishable if consummated entered the room, OFW retaliated and hit X in the
because it involves insignificant moral and material injuries, ir head. X then stabbed OFW. What is the crime
not consummated, the wrong done is so slight that a penalty is committed by X and Y? Take note that killing OFW
unnecessary. was not agreed by them. Their agreement was only
to rob
However, light felonies are punishable in all stages when  Both are liable for robbery with homicide
committed against persons or property because it presupposes because conspirators are liable for the crime
moral depravity. that they have agreed upon and for all the
crimes that are considered the logical,
What do you mean by conspiracy and proposal? natural consequence of the crime that they
have agreed upon.
Article 8. Conspiracy and proposal to commit felony. - Conspiracy  Can murder/homicide considered as
and proposal to commit felony are punishable only in the cases in connected to the crime of robbery? Yes.
which the law specially provides a penalty therefor.  What about if X and Y agreed to rob. Their
agreement was only to rob the victim. But when
A conspiracy exists when two or more persons come to an agreement they entered the room of OFW, Y was tempted to
concerning the commission of a felony and decide to commit it.
rape her. They were charged with robbery with
rape. Are all of them liable?
There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.  Take note that rape is not connected to the
crime of robbery agreed upon by them. It
Note: Proposal – when a person decided to commit a crime would only be Y who could be liable for the
and proposes its execution to another. crime of robbery with rape.
 When you say proposal, it is not - Take note that once the offenders would constitute a band,
necessary that the person of whom the this is an exception to the rule, Art. 296, RPC.
commission of the crime was proposed  If the offenders would constitute a band 4 or more,
to will agree to commit the crime. they are all liable for the acts committed by a
member of the band even if those acts are not
 It occurs the moment the person who
agreed upon and if the other members did not
decided to commit the crime proposes.
prevent the commission of the act not agreed upon,
The mere act of proposing would
constitute proposal.  Example: W, X, Y, Z agreed to rob but rape is not
part of their agreement and during the actual
 If that person agrees to commit the
robbery, Z committed rape but W, X, Y were not
crime, then there‘s no proposal but
conspiracy. able to prevent Z from committing such act. Then
they are all liable for the crime of robbery with rape.
- Conspiracy – when 2 or more persons come to an
agreement and decide to commit a crime or a felony.
- Conspiracy and proposal have 2 concepts.
 Criminal Law Notes (Article 1-10)

A: B, being one of the persons who devised the plan to murder C, he

- What is the amount of evidence in order for becomes a co-principal by direct conspiracy. What is needed only is an
the parties to be liable as conspirators? overt act and both wil incur criminal liability. B’s liability as a conspirator
What is the amount of evidence required to arose from his participation in jointly devising the criminal plan with A, to
prove conspiracy? kill C and it was pursuant to that plan that A killed C. The conspiracy here
 There should be proof beyond is actual, not by interference only.
reasonable doubt in order for all of
the accused to be liable as Distinction between conspiracy and proposal
conspirators. Conspiracy must be Conspiracy Proposal
proved just like the crime itself. Exists when two or more Exists when a person who
 How can it be proven that there is persons come to an has decided to commit a
conspiracy? agreement concerning the felony proposes its
 By their collective acts. commission of a felony and execution to some other
Conspiracy is seldom decide to commit it person/s
proved by direct evidence, Once the proposal is Proposal is true only up to
by presenting direct accepted, a conspiracy the point where the party to
witness. It is usually proven arises whom the proposal was
by circumstantial evidence. made has not yet accepted
 Direct evidence is usually the proposal
had when one conspirator Conspiracy is bilateral, it Proposal is unilateral, one
presents himself as state requires two parties party makes a proposition
witness. to another
- Take note that mere presence does not
constitute conspiracy. The conspirator must Kung sa process sa pagpakasal na, ug kung crimen lamang ang
have performed act or acts for the pagpakasal, kung si A(lalaki) nag propose kay B (bae)- kani na stage
accomplishment of the act agreed upon. But if proposal pa, once i-accept n ani B ang nagdecide sila pakasal na
you served as a lookout, then you are liable as (Conspiracy na kini)…okay?
conspirator. If you were present in the
commission of the crime to give moral Article 9 Classification of Felonies
support, you are also a conspirator. This is 1. Grave Felonies – penalty imposable is Capital
called implied conspiracy. (Death) or Afflictive (Reclusion Perpetua, Reclusion
- Temporal, Prision Mayor)
 Implied conspiracy – conspiracy 2. Less Grave Felonies – penalty imposable is
that can only be proven by Correctional (Arresto Mayor, Prision Correctional or
circumstantial evidence. It is one Destierro)
which is only inferred from the 3. Light Felonies – penalty imposable is Arresto Menor
manner the participants in the or fine not more than 200)
commission of the crime carried out
its execution. What are Special Penal Laws?
 When the conspiracy is just a basis - Those crimes not penalized under the RPC
of incurring criminal liability, it may
be deduced or inferred from the acts Are the provisions of the RPC applicable to Special Penal laws?
of several offenders in carrying out  G.R. – The provisions of the RPC are not
the commission of the crime. applicable to special penal Laws, they are merely
 Legal effects: a. not all those who are supplemental (Article 10)
present at the scene of the crime will o As a rule, in special penal laws, there
be considered conspirators and only are no stages of a crime. There is no
those who participated by criminal attempted or frustrated stage. It is
acts in the commission of the crime
will be considered as co- always consummated. A mere attempt to violate the special law is not
conspirators. punishable. Unless the special penal law provides that an attempted stage of
a crime is punishable.
Q; A and B devised a plan to murder C. In a narrow alley near C’s o Violation of R.A. 9165 (Drugs), there is a provision where an
house, A will hide behind he big lamp post abd shoot C when the attempted stage for the sale of drugs is punishable.
latter passes through on his way to work. B will come from the
other end of the alley and simultaneously shoot C from behind. • Exc. –The special law specifically provides that the RPC provision
On the appointed day, B was apprehended by the authorities will apply.
before reaching the alley. When A shot C as planned, he was o There are some special laws that use/borrow the terms under the
unaware that B was arrested earlier. What is the criminal liability Revised Penal Code such as the penalties imposable.
of B, if any. o Those special laws that borrow the terms of penalties under the
 Criminal Law Notes (Article 1-10)
Revised Penal Code may also apply its provisions.
o Example: When using the penalties of the Revised Penal
Code, mitigating and aggravating circumstances will also be applied.
As a rule mitigating circumstances under the RPC do not apply to
Special Penal Laws, unless the Law uses the terms of penalties under
the same Code.
o The pleading of guilty under special laws does not mitigate
the crime committed, unless the special law applies the penalties of
the RPC. When the special law uses the nomenclature of the Revised
Penal Code, the provisions of the latter may apply to the special law.
(People vs. Simon, July 29, 1994) (Go-Tan vs. Sps. Tan, September 30,
2008)

References:
1. RPC Book 1 by Justice Luis B. Reyes
2. UST Golden Notes
3. Transcript Notes (Judge D of USJR)
Criminal Law Notes (Article 1-10)