CRIMINAL LAW

BOOK I
 INTRODUCTION:

Before the Spanish Colony, we have Criminal Law, “The Code of Kalantiao”, which often termed
as the First Penal Law in the History of the Philippines. Under this code, if a man would have a relation
with a married woman, he is penalized.

When the Spanish Colonizers came, Royal Decree of 1870 made the Spanish codigo Penal
applicable and extended to the Philippines. This was made effective in the Philippines on July 14, 1876.
However, the Spanish Codigo Penal did not cater to the customs and tradition of the Filipinos.

A Filipino, Rafael Del Pan, made the so called correctional code but this code was never enacted
into law, instead, a committee was organized headed by then Anacleto Diaz. This committee was the
one who drafted the present penal code. The Revised Penal Code took effect on January 1,1932.

 DEFINITION OF TERMS

1.) Law -is a rule of conduct, just and obligatory, promulgated by competent authority for common
observance and benefits.

2.) Crime -is an act or omission punishable by law. It is an act omitted or committed in violation of
public law forbidding or commanding it.

3.) Felony -is an act or omission punishable by The Revised Penal Code.

4.) Offense -may be defined as an act or omission punishable by Special Laws.

5.) Criminal Law -may be defined as a branch of public or municipal law, which defines crimes, treats of
their nature and provides for their punishment.

 DIFFERENT PHILOSOPHIES UNDERLYING CRIMINAL LAW SYSTEM :

1.) Classical/Juristic Theory -Best remembered by the maxim “an eye for an eye, a tooth for a tooth”.
The purpose of penalty is retribution. The offender is made to suffer for the wrong he has done. A man
is regarded as a moral creature who understands right from wrong; he must be prepared to accept the
punishment therefore.

2.) Positive/Realistic Theory -The purpose of penalty is reformation. Crimes are regarded as a social
phenomenon, which constrains a person to do wrong although not his own volition. A tendency towards
crime is the product of one’s environment. There is no such thing as natural born killer. This was
criticized as being too lenient.

3.) Eclectic/Mixed Theory -This combines both positivist and classical thinking. Crimes that are
economic and social in nature should be dealt with in a positivist manner, thus the law is more
compassionate. Heinous crimes should be dealt with in a classical manner, thus capital punishment. The
Revised Penal Code follows the mixed/eclectic theory.

 PARTS OF THE REVISED PENAL CODE

1.) Principles affecting Criminal Liability (Arts. 1-20)

2.) Penalties including liability (Arts. 21 to 113)

3.) Specific Felonies and their Penalties (Arts. 114-365)

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  THREE GENERAL CHARACTERISITIC OF CRIMINAL LAW

1.) GENERALITY -That the law is binding upon all persons who reside or sojourn in the Philippines,
irrespective of age, sex, color, creed or personal circumstances. (Art. 114, NCC);

2.) TERRITORIALITY -That the law is applicable to all crimes committed within the limits of Philippine
territory, which includes its atmosphere, interior waters and maritime zone. (Art. 2, RPC, see Art. 1 of
the Philippine Constitution);

3.) IRRETROSPECTIVITY OR PROSPECTIVITY -That the law does not have any retroactive effect (Art. 4,
NCC) except if it favors the offender (Art. 22, RPC) who is not a habitual criminal (Art. 62, par. 5 RPC).

-Penal laws shall not be given retroactive effect. Acts or omission will only be subject to a penal law if
they are committed after a penal law had already taken effect. Penal laws operate only prospectivity.

 ART. 3 FELONIES & CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

-ELEMENTS OF FELONY

a.) there must be an act of omission

b.) such act or omission is punishable by RPC; and

c.) committed either by dolo or culpa.

ELEMENTS OF DOLO

 intelligence
 freedom
 criminal intent

ELEMENTS OF CULPA

 intelligence
 freedom
 negligence/imprudence
Proximate Cause -That cause, which, in natural and continuous sequence, unbroken by any efficient
intervening cause, procedures injury, and without which the result would not have been committed
(Bataclan V. Medina 102 Phil. 181)

ART. 4 – WHO INCURS CRIMINAL LIABILITY

Criminal liability shall be incurred by any person:

1.) Committing a felony (delito) although the wrongful act done be different from that which he
intended; and

2.) 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 – a crime of last resort).

 Error in personae (Mistake in Identity)

 Aberratio Ictus (Mistake in Blow)

 Praeter Intentionem (The act exceeds the Intent)

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  Impossible Crime

 ART. 6 – STAGES IN THE COMMISSION OF FELONY

1.) Consummated Felony, A Felony is consummated when all the elements necessary for its execution
and accomplishment are present.

2.) Frustrated Felony, A felony 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
cause independent of the will of the perpetrator.

3.) Attempted Felony, There is an attempt when the offender commence of the crime directly by overt
acts, and does not perform all the acts of execution which would produce the felony by reason of some
cause or accident other than his own spontaneous desistance.

 ART. 7 – WHEN LIGHT FELONIES ARE PUNISHABLE:

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.

 General Rule: Light felonies are punishable only when they have been consummated.

 Exception: -Light felonies committed against persons or properties are punishable even if
attempted or frustrated.

 ART. 8 – CONSPIRACY AND PROPOSAL TO COMMIT A CRIME

Kinds:

1.) Conspiracy and proposal to commit felony as a crime.

Ex.: -Conspiracy to and proposal to commit rebellion, treason and sedition.

2.) Conspiracy and Proposal to commit felony as a manner of incurring criminal liability. (The act of one
is the act of all)

 Conspiracy exists when two or more persons come to an agreement concerning the commission
of a felony and decide to commit it. Requisites of conspiracy are:

1.) there are two or more persons;

2.) who come to an agreement;

3.) concerning the commission of a felony; and

4.) they decide to commit the felony.

Proposal - There is a proposal when the person who has decided to commit felony proposes it execution
to some other person or persons. Requisites are:

1.) a person has decided to commit a felony; and

2.) after such decision, he proposes the execution of the felony to some other person or persons.

Not Punishable Except:

 Rebellion, sedition, treason

ART. 9 – CLASSIFICATION FELONIES ACCORDING TO GRAVITY

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1.) Grave felonies -those which the law attaches a capital punishment or a penalty which is afflictive in
any its periods;

2.) Less Grave Felonies -those in which the penalties in their maximum period are correctional;

3.) Light Felonies -those infractions of law in which the penalty of arresto menor or a fine of not
exceeding P200.00 or both.

ART. 10 – OFFENSES NOT SUBJECT TO THE PROVISIONS OF THE REVISED PENAL CODE

 Suppletory in Nature -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 especially provide the contrary.

ART 11. – JUSTIFYING CIRCUMSTANCES

JUSTIFYING -those wherein the acts of the actor are in accordance with law, and hence, he incurs
no criminal and civil liability

1.) Self-defense – requisites:

a.) unlawful aggression

b.) reasonable necessity of the means employed to prevent or repel it; and

c.) lack of sufficient provocation on the part of the person defending himself.

2.) Defense of relative

3.) Defense of stranger

4.) State of necessity -doing an act which causes damage to another to avoid an evil or injury.
Requisites are:

a.) the evil to be avoided actually exists;

b.) the injury feared be greater than that done to avoid it; and

c.) there be no other practical and less harmful means of preventing it.

5.) Fulfillment of duty or exercise of right of office.

6.) Obedience to superior order for a lawful purpose.

-In self-defense the burden of proof rests upon the accused. His duty is to established self-
defense by clear and convincing evidence; otherwise conviction would follow from his admission that he
killed the victim. (People v. Mercado 159 Phil. 453)

-The discrepancy on accused-appellants testimony as to whether he stabbed the victim on the

left or the right side of his chest is of such a material character that it renders his entire testimony
dubious at best. The mere fact that the accused-appellant was injured does not prove his claim of self-
defense. (People v. Gadia, September 21, 2001)

-Reasonable necessity of the means employed is negated by the location and severity of the
victim’s wounds. Mortal wounds at vital parts of the victim’s body indicate appellant’s determination to
kill the deceased and not merely to defend himself. (People v. Zate, Nov. 17, 2001)

ART. 12 – EXEMPTING CIRCUMSTANCES

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 -those wherein there is an absence in the agent of the crime any of the conditions what would
make an act voluntary and, hence, although there is no criminal liability, there is civil liability.

1.) an imbecile or an insane person, unless the latter has acted during a lucid interval;

2.) a person under nine years of age;

3.) a person under nine years old and under fifteen, unless he has acted with discernment

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;

5.) any person who acts under the compulsion of irresistible force;

6.) any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury; and

7.) any person who fails to perform an act required by law, when prevented by some lawful insuperable
cause.

Absolutory Cause:

1.) Art. 6 – Spontaneous desistance during attempting stage;

2.) Art. 7 Light felonies are not punishable unless consummated except in crimes against person or
property

3.) Art. 16 Accessories are not liable in light felonies;

4.) Art. 247 Physical injuries other than Ser. Phy. Inj. Inflicted under exceptional circumstances.

5.) Art. 332 Exemption of certain person from criminal liability in crimes of theft, estafa and
malicious mischief;

 ARTICLE 13. MITIGATING CIRCUMSTANCES

MITIGATING – (Art. 13) those that have the effect of reducing the penalty because there is a diminution
of any of the elements of dolo or culpa which makes the act voluntary or because of the lesser
perversity of the offender.

1.) those mentioned in the preceding chapter when all the requisites necessary to justify the act
are not attendant.

2.) Incomplete self-defense. Unlawful aggression on the part of the victim is an indispensable
requisite in order to be entitled from privileged mitigating circumstances (P. v. Mazo, Oct. 17, 2001

3.) Under eighteen or over seventy years old.

4.) No intention to commit so grave a wrong as that committed.

5.) Sufficient provocation or threat on the part of the offended party immediately preceded the
act.

6.) Act was committed in the immediate vindication of a grave offense to the one committing
the felony.

7.) Having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

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 8.) Voluntary surrender. Requisites: (1) The offender has not been arrested; (2) he surrendered
himself to a person in authority or agent of a person in authority; and (3) his surrender was voluntary.
(P. v. Gadia, Sept. 21, 2001)

9.) Offender is deaf and dumb, blind or suffering from physical defects that restrict his means
of action, defense or communication.

10.) Such illness of the offender as would diminish the exercise of the will-power of the
offender without depriving him of the consciousness of his acts.

 ARTICLE 14. AGGRAVATING CIRCUMSTANCES

AGGRAVATING – (Art. 14) those which serves to increase the penalty without exceeding the
maximum provided by law because of the greater perversity of the offender as shown by the motivating
power of the commission of the crime, the time and place of its commission, the means employed or
the personal circumstance of the offender.

 Aggravating when the crime is committed in any or through the following:

1.) advantage by the offender’s public position;

2.) in contempt of or with insult to the public authorities;

3.) with insult or disregard of the respect due the offended party (rank, sex, age or if in the offended
party’s dwelling;

4.) with abuse of confidence or obvious ungratefulness;

5.) in the palace of the Chief Executive (in his presence, where public are gathered in discharge of
their duties, or in places of religious worship);

6.) in night time, or uninhabited place, or by a band);

7.) on the occasion of conflagration, shipwreck, earthquake, epidemic or other calamity or

misfortune;

8.) with the aid of armed men to insure or afford impunity;

9.) accused is recidivist;

10.) offender has been previously punished by an offense with an equal or greater penalty or for two
or more crimes with lighter penalty;

11.) in consideration of a price, reward, or promise;

12.) by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage
thereto, derailment of locomotive, or by the use of any other artifice involving great waste and ruin;

13.) with evident premeditation;

14.) employing craft, fraud or disguise;

15.) advantage be taken of superior strength, or means employed to weaken the defense;

16.) with treachery;

17.) means employed add ignominy to the natural effects of the act;

18.) after an unlawful entry;

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 19.) a wall, roof, door, or window be broken;

20.) with the aid of persons under fifteen years of age or by mean of motor vehicles, motorized
watercrafts, airships or other similar means; and

21.) deliberately augmented by causing other wrong not necessary for its commission.

 Dwelling Aggravating, when the crime is committed in the dwelling of the offended party and
the latter has not been given provocation. (People v. Perreras, July 31, 2001)

 Night time. It is aggravating when the offender specially sought the darkness in order to
facilitate the commission of the crime.

 Evident Premeditation. Not to be appreciated where there is neither evidence of planning or

preparation to kill nor the time when the plot was conceived.

 Abuse of superior strength. Use of excessive force out of proportion to the means available to
the person attacked to defend himself. The use of force must be deliberate on the part of the
malefactor. (People v. Almendras. Dec. 20, 2001)

 Treachery. Exist when the offender commits any of the crimes against person, employing
means, methods or forms in the execution thereof which tend directly and specially to insure its
execution with out risk to himself arising form the defense which offended party might make.
(People v. Perreras Dec. 5, 2001)

 CHAPTER 5 – ALTERNATIVE CIRCUMSTANCES

ALTERNATIVE – (Art. 15) those which are either aggravating or mitigating according to the nature
and effects of the crime and other conditions attending to its commission.

 Intoxication. It is mitigating 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. (People v. Domingo,
August 9, 2001)

 Relationship. Considered as generic aggravating circumstances in crimes of rape and acts of

lasciviousness. (P. v. Toralba, August 9, 2001)

 Degree of instruction or education of the offender.

PERSONS CRIMINALLY LIABLE FOR FELONIES

 ART. 16 – WHO ARE CRIMINALLY LIABLE?

1.) Who are liable for Grave and Less Grave Felonies?

a.) principals;
b.) accomplices; and
c.) accessories.
2.) Who are liable for Light Felonies?

a.) Principals; and

b.) Accomplices.

 ART. 17 – WHO ARE PRINCIPALS?

1.) Principals Who take Direct part in the Execution of the Act;

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2.) Principal Who directly Forces or Induces Others to Commit a Crime; and

3.) Principals Who cooperate in the Commission of the Offense by Another Act without which it would
not have been accomplished.

 ART. 18 – WHO ARE ACCOMPLICES? Those who not being included in Article 17, cooperate in
the execution of the offense by previous or simultaneous acts.

 ART. 19 – WHO ARE ACCESSORIES?

1.) those who have knowledge in the commission of the crime;

2.) take part subsequent to its commission in any of the following manner:

a.) by profiting themselves or assisting the offender to profit from the effects of the crime;

b.) by concealing or destroying the body of the crime or the effects or instruments thereof, in
order to prevent its discovery;

c.) by harboring, concealing, or assisting in the escape of the principal of the crime if he acts with
abuse of public functions or when the author of the crime is guilty of treason, parricide, murder or an
attempt to take the life of the Chief Executive or is known to be habitually guilty of some other crime.

 ART. 20 – EXEMPTED ACCESSORIES

 spouse, ascendants, descendants, legitimated, natural and adopted brothers and sisters, or
relatives by affinity within the same degrees.

 Chapter 1-PENALTIES IN GENERAL

 PENALTY DEFINED

- In its general sense, penalty signifies pain; in its juridical sphere , penalty means the suffering
undergone, because of the action of society, by one who commit a crime. Hence, penalty is imposed
only after a conviction in a criminal action.

Basis: Ties of blood and the preservation of the cleanliness of one’s name which compels one to
conceal crimes committed by relatives so near as those mentioned.

Nephew and Niece not included

ART. 23 – EFFECT OF PARDON BY THE OFFENDED PARTY ON THE PROSECUTION OF THE OFFENDER.

1.) The criminal action in public crimes is not extinguished.

2.) Regarding private Crimes (Arts. 333 to 343) Criminal Liability is extinguished.

3.) The civil liability with respect to the interest of the injured party in any crime, whether public or
private, is extinguished by express waiver.

ART. 27 – DURATION OF PENALTIES

 RECLUSION PERPETUA
– after serving 30 years, the convict may be pardoned;
 RECLUSION TEMPORAL
– 12 years and 1 day to 20 years;
 PRISION MAYOR AND TEMPORARY DISQUALIFICATION
– 6 years and 1 day to 12 years;

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  PRISION CORRECTIONAL, DESTIERRO, SUSPENSION
– 6 months and 1 day to 6 years.
 ARRESTO MAYOR
– 1 month and 1 day to 6 months;
 ARRESTO MENOR
– 1 day to 30 days; and
 BOND TO KEEP THE PEACE
– such period of time as the may require.
ART. 29 – OFFENDERS ENTITLED TO A DEDUCTION OF THEIR PREVENTIVE IMPRISONMENT FROM THE
TERM OF IMPRISONMENT.
If the detention prisoner agrees voluntarily in writing to abide the same disciplinary rules imposed on
convicted prisoners, except in the following cases;
1.) he/she is a recidivist or convicted twice or more times of any crime;
2.) when summoned for the execution of his/her sentence failed to surrender voluntarily.

ART. 30 – EFFECTS OF PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION.

1.) Deprivation of any public office or employment of the offender;

2.) Deprivation of the right to vote in any election or to be voted upon

3.) Disqualification for any public office and for the exercise of any rights mentioned; and

4.) Loss of rights to retirement pay or pension.

ART. 31 – EFFECTS OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION FOR PUBLIC OFFICE,

PROFESSION OR CALLING.

Deprivation of the office, employment, profession or calling affected;

Disqualification for holding similar offices or employment’s during the period of disqualification.
ART. 36 – EFFECTS OF PARDON BY THE CHIEF EXECUTIVE

EXEMPTIONS/LIMITATIONS

Such power does not extend to cases of impeachment;

In election offenses, it can be exercised only upon prior recommendation of the COMELEC.

ART. 39 – RULES GOVERNING SUBSIDIARY IMPRISONMENT

Penalty imposed is prision correccional or arresto and fine – subsidiary imprisonment (a) not
exceed1/3 of the term of the sentence; and (b) not to continue longer than one (1) year. Fraction or part
of a day is not counted.

ART. 48 – WHAT IS THE PENALTY FOR COMPLEX CRIME?

1.) The penalty for the most serious offense

2.) Compound Crime
3.) Complex Crime Proper
 Compound Crime is one where a single act produces two or more crimes.

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  Complex Crime is one where the offender has to commit an offense as a necessary means for
the commission of another offense
 Composite Crime/special Complex Crime is one, which substance is made up of more than one
crime, but which in the eyes of the law is only a single indivisible offense. Ex. Robbery with
Homicide.
 Continued Crime is one where the offender performs a series of act violating one and the same
penal provision committed at the same place and about the same time for the same criminal
purpose, regardless of a series of acts done, it is regarded in a law as one.

ART. 59 – PENALTY FOR IMPOSSIBLE CRIMES.

1.) Arresto mayor or a fine from 200 to 500;
2.) In its imposition the court considers the social danger and the degree of criminality shown by
the offender; and
3.) The penalty cannot apply if the act performed would constitute a light felony

ART. 79 – SUSPENSION OF THE EXECUTION AND SERVICE OF THE PENALTIES IN CASE OF INSANITY

1.) When a convict becomes insane or imbecile after final sentence has been pronounce, the execution
of said sentence is suspended only as regards the personal penalty;

2.) If he recovers his reason, his sentence shall be executed, unless the penalty has prescribed;

3.) Even if while above provisions shall be observe; and

4.) But the payment of his civil or pecuniary liabilities shall not be suspended.

ART. 87 – DISTIERRO – Not allowed staying in a place where the court not allowed you to stay

not more than 250 kilometers and not less than 25 kilometers.

CHAPTER 1 – TOTAL EXTINCTION OF CRIMINAL LIABILITY

ART. 89 – HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED?

1.) by the death of the convict, as to the personal penalties; and as to the pecuniary penalties,
liability therefore is extinguished only when the death of the offender occurs before final judgment;

2.) by service of the sentence;

3.) by amnesty, which completely extinguishes the penalty and all its effects;?

4.) by absolute pardon;

5.) by prescription of the crime;

6.) by prescription of the penalty

7.) by the marriage of the offended woman, as provided in Art. 344. RPC

ART. 90 – PRESCRIPTION OF CRIMES

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 1.) Death, reclusion perpetua or temporal – 20 years

2.) Afflictive penalties – 15 years

3.) Correctional penalty (except arresto mayor) – 5 years

4.) Crime of libel – 1 year

5.) Oral defamation and slander by deed – 6 months

6.) Light offenses – 2 months

ART. 91 – COMPUTATION OF PRESCRIPTION OF OFFENSES

1.) The period of prescription commences to run from the day on which the crime is discovered by the
offended party, the authorities or their agents;

2.) It is interrupted by the filing of the complaint or information;

3.) It commences to run again when such proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to him; and

4.) The term of prescription shall not run when the offender is absent from the Philippines.

ART. 92 – WHEN AND HOW PENALTIES PRESCRIBED

1.) Death and reclusion perpetua prescribed in twenty (20) years;

2.) Other afflictive penalties, in fifteen years;

3.) Correcional penalties, in ten years, with the exemption of the penalty of arresto mayor,
which prescribes in five years; and

4.) Light penalties, in one year

-END-

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