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2007
Criminal Law
SUMMER REVIEWER
—Advisers:
Atty. Lorenzo Padilla, Justice Diosdado Peralta
; Head:
Kristine Quimpo
; Understudies:
Ivy Patdu, KriznaGomez
—
BOOK I
CRIMINAL LAW –
A branch of municipal law whichdefines crimes, treats of their nature
and provides for their punishment.
Characteristics of Criminal Law:
1.
General
– binding on all persons who resideor sojourn in the Philippines
Exceptions:
a. Treaty Stipulationb. Laws of Preferential Applicationc. Principles of Public International LawEx:i. sovereigns and other chiefs of stateii. Ambassadors, ministersplenipotentiary, minister residentand charges d’affaires(BUT consuls, vice-consuls and other foreign commercial representativesCANNOT claim the privileges andimmunities accorded to ambassadors andministers.)2.
Territorial
– penal laws of the Philippines areenforceable only within its territory
Exceptions:
(Art. 2 of RPC – bindingeven on crimes committed outside thePhilippines)a. offense committed while on aPhilippine ship or airshipb. forging or counterfeiting any coin or currency note of the Philippines or obligations and the securities issuedby the Governmentc. introduction into the country of theabove-mentioned obligations andsecuritiesd. while being public officers andemployees, an offense committed inthe exercise of their functionse. crimes against national security andthe law of the nations defined in TitleOne of Book Two3.
Prospective
– the law does not have anyretroactive effect.
Exception:
when the law is favorable to theaccused
Exceptions to the Exception:
a. The new law is expressly madeinapplicable to pending actionsor existing causes of actionb. Offender is a habitual criminal
Theories of Criminal Law:
1.
Classical Theory
– basis is man’s free will tochoose between good and evil, that is whymore stress is placed upon the result of thefelonious act than upon the criminal himself.The purpose of penalty is retribution. TheRPC is generally governed by this theory.2.
Positivist Theory
– basis is the sum of social and economic phenomena whichconditions man to do wrong in spite of or contrary to his volition. This is exemplified inthe provisions on impossible crimes andhabitual delinquency.3.
Mixed Theory
– combination of the classicaland positivist theories wherein crimes thatare economic and social in nature should bedealt in a positive manner. The law is thusmore compassionate.
Construction of Penal Laws:
1. Liberally construed in favor of offender Ex:a. the offender must clearly fall withinthe terms of the lawb. an act is criminal only when made soby the statute2. In cases of conflict with official translation,original Spanish text is controlling,3. No interpretation by analogy.
LIMITATIONS ON POWER OF CONGRESS TOENACT PENAL LAWS:
1. ex post facto law2. bill of attainder 3. law that violates the equal protection clauseof the constitution4. law which imposes cruel and unusualpunishments nor excessive fines
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Criminal Law Summer Reviewer
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Page 2 of 174
BOOK ONEGENERAL PROVISIONS
RPC took effect February 1, 1932.
RULES:
1.
Philippine vessel or airship
– Philippinelaw shall apply to offenses committed invessels registered with the Philippine Bureauof Customs. It is the registration, not thecitizenship of the owner which matters.
2.
Foreign vessel
a.
French RuleGeneral Rule:
Crimes committed aboarda foreign vessel within the territorialwaters of a country are NOT triable in thecourts of such country.
Exception:
commission affects thepeace and security of the territory, or the safety of the state is endangered.
b.
English Rule
General Rule:
Crimes committed aboarda foreign vessel within the territorialwaters of a country are triable in thecourts of such country.
Exception:
When the crime merelyaffects things within the vessel or itrefers to the internal managementthereof.
*This is applicable in the Philippines.Title One: FELONIES AND CIRCUMSTANCESWHICH AFFECT CRIMINAL LIABILITYChapter One: FELONIES
Felonies
– acts and omissions punishable by theRevised Penal Code
Crime
– acts and omissions punishable by any law
Act
– an overt or external act
Omission
– failure to perform a duty required by law
ELEMENTS:
1. there must be an act or omission2. this must be punishable by the RPC3. act or omission was done by means of doloor culpa
NULLUM CRIMEN, NULLA POENA SINE LEGE
–There is no crime when there is no law punishing it.
Classification Of Felonies
According To TheMeans By Which They Are Committed:
1.
Intentional Felonies- by means of deceit(dolo)Requisites
:a. freedomb. intelligencec. intent.
MISTAKE OF FACT
– misapprehension of fact on the part of the person who causedinjury to another. He is not criminally liable.
Requisites
:
a.
the act done would have been lawfulhad the facts been as the accusedbelieved them to bebintention is lawful
b.
mistake must be without fault or carelessness by the accused2.
Culpable Felonies- by means of fault (culpa)
Requisites
:a. freedomb. intelligencec. negligence (lack of foresight) andimprudence (lack of skill)
MALA IN SE v. MALA PROHIBITA
Mala in se Mala Prohibitamoral trait ofoffender
considered not considered
good faith as adefense
valid defense,unless the crime isthe result of culpanot a defense;intent notnecessary-sufficient that theoffender has theintent to perpetratethe act prohibitedby the special law
ART.1: TIME WHEN ACT TAKES EFFECTART. 2: APPLICATION OF ITS PROVISIONS
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Page 3 of 174
degree ofaccomplishment of the crime
taken into account taken into accountonly whenconsummated
mitigating andaggravatingcircumstance
taken into accountin imposing penaltyGENERALLY nottaken into account
degree ofparticipation
when there is morethan one offender,it is taken intoconsiderationGENERALLY nottaken into account
laws violated
General Rule:RPCGeneral Rule:Special PenalLaws
INTENT v. MOTIVEIntent Motive
purpose to use aparticular means to effecta resultmoving power which impelsone to actelement of crime exceptin crimes committed withculpanot an elementessential in intentionalfeloniesessential only when the identityof the felon is in doubt
ART. 4: CRIMINAL LIABILITYRequisites:
1. felony has been committed intentionally2. injury or damage done to the other party isthe direct, natural and logical consequenceof the felonyHence, since he is still motivated by criminal intent,the offender is criminally liable in:1.
Error in personae
– mistake in identity2.
Abberatio ictus
– mistake in blow3.
Praetor intentionem
– lack of intent tocommit so grave a wrong
PROXIMATE CAUSE
– the cause, which in thenatural and continuous sequence unbroken by anyefficient intervening cause, produces the injury,without which the result would not have occurred
Requisites:
1. Act would have been an offense againstpersons or property.
2. There was criminal intent.
3. Accomplishment is inherently impossible; or inadequate or ineffectual means areemployed.
4. Act is not an actual violation of another provision of the Code or of special law.
Impossible crime occurs when there is:1. inherent impossibility to commit the crime2. inadequate means to consummate the crime3. ineffectual means to consummate the crime
Note:
Paragraph 2 does not apply to crimespunishable by special law, including profiteering, andillegal possession of firearms or drugs. There can beno executive clemency for these crimes.
STAGES OF EXECUTION:
1.
CONSUMMATED
– when all the elementsnecessary for its execution and accomplishmentare present2.
FRUSTRATEDElements:
a. offender performs all acts of executionb. all these acts would produce the felonyas a consequencec. BUT the felony is NOT producedd. by reason of causes independent of thewill of the perpetrator 3.
ATTEMPTEDElements
:a. offender commences the felony directlyby overt actsb. does not perform all acts which wouldproduce the felonyc. his acts are not stopped by his ownspontaneous desistance
Par.1 Criminal liability for a felony committeddifferent from that intended to be committedPar. 2 Impossible CrimeArt. 5: Duty of the court in connection withacts which should be repressed but which arenot covered by the law, and in cases ofexcessive penaltiesART. 6: CONSUMMATED, FRUSTRATED, ANDATTEMPTED FELONIES
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