Things to Remember from Introduction to Criminal Law Crime- act of commission or omission punishable by law Criminal law- study

of crimes, treats of their nature and its penalties Sources of Philippine Criminal Law 1. Revised Penal Code 2. Special Laws 3. Presidential Decrees during Martial Law State, under its police power has the duty to define and punish crimes to promote peace and order in our country and to avoid chaos. Limitations of Philippine Criminal Law 1. No bill of attainder (punishment without trial) and no ex post facto law Requisites of ex post facto a. criminal in nature b. retroactive in application c. prejudicial to the accused 2. due process of law more of a constitutional right of a person Characteristics of Philippine Criminal Laws 1. General- all living and sojourning in the Philippines are covered by Philippine Criminal Law Exceptions a. Sovereigns b. Treaties c. Diplomats 2. Territorial-all crimes within Philippine territory (land, air, water) are subject to Philippine Criminal Law Exceptions a. crimes inside Philippine ships or airships b. forging and counterfeiting of Philippine government notes, coins and bills c. introduction of letter b in the Philippines d. public officials and employees committing a crime during exercise of function e. crimes against national security and laws of nation 3. Prospective in application Exception- new statute more lenient to the accused Exception to the exception 1. new law inapplicable to pending actions or existing causes of action 2. offender habitual criminal/delinquent Manner of construing Philippine Criminal Law 1. strictly against government and liberally for the accused 2. Spanish translation will prevail in case of doubt

Article 1: Revised Penal Code took effect on January 1, 1932. Two theories of Criminal Law: 1. Classical- human free will= crime; penalty= retribution 2. Positivist- man is sometimes subdued by outside force that only natural scientists i.e. psychiatrists etc can solve; beyond law and jurisprudence Revised Penal Code is based on the classical theory that crime is a result of human free will and penalty is for its retribution. Article 2 Territorial application of criminal law- aside from its territorial (within Philippine land, water and air) application, Philippine Criminal law is also applicable to: a. b. c. d. e. crimes inside Philippine ships or airships forging and counterfeiting of Philippine government notes, coins and bills introduction of letter b in the Philippines public officials and employees committing a crime during exercise of function crimes against national security and laws of nation

For foreign vessels: One must be registered in the Philippines as a general rule If in transit- not triable in RP If anchored- triable in RP French rule- not triable unless peace and order English rule- all triable unless internal management only one affect RPC follows English rule Article 3 Felonies are: 1. acts of commission or omission 2. punishable by law 3. committed through dolo (malice) or culpa (fault) 2 kinds of crimes 1. intentional felonies- committed with malice/dolo 2. culpable felonies- committed by culpa fault- negligence, imprudence, lack of foresight or lack of skill 3 elements of crime: 1. FREEDOM 2. INTELLIGENCE 3. DOLO/MALICE/INTENT In case of culpable felonies, 3rd element will be replaced by negligence, imprudence, lack of foresight or lack of skill NO CRIME IF NO LAW PUNISHING IT IGNORANCE OF THE LAW EXCUSES NO ONE

MISTAKE OF FACT RELIEVES ACCUSED FROM CRIMINAL LIABILITY Requisites of mistake of fact 1. fact believed by accused is lawful (see Ah Chong Case) 2. intent of accused is lawful 3. no carelessness on the part of the accused mala in se- punishable by RPC mala prohibita- punishable by special laws; intent not material, mere commission of crime will suffice for it to be punished intent- purpose motive- moving power, not essential element in crime except if there is only substantial evidence and no eyewitnesses Article 4 Criminal liability is incurred by: 1. a person committing a felony even though result is greater than intended 2. crimes against persons or properties HE WHO IS THE CAUSE OF THE CAUSE IS THE CAUSE OF THE EVIL CAUSE 1. mistake in identity 2. mistake in blow 3. injurious result greater than intended Requisites of number 1: 1. intentional felonies 2. wrong done- direct, natural and logical consequence PROXIMATE CAUSE CONCEPT Paragraph 1 not applicable in: 1. acts not punishable by RPC like suicide 2. justified acts like self defense Impossible crimes requisites 1. crimes against person or property 2. with evil intent 3. inadequate/inefficient 4. act not subject to Philippine Criminal law reason why impossible crime punished: to prevent criminal tendency or propensity of a person objectively no criminal liability subjectively criminal crimes 1. 2. 3. 4. 5. against persons: physical injuries parricide rape abortion infanticide

6. murder 7. homicide 8. duel crimes 1. 2. 3. 4. 5. 6. 7. 8. against properties brigandage theft robbery swindling chattel mortgage culpable insolvency arson and other crimes of distraction malicious mischief

Article 5 Repressing an act and Excessive Penalties For Repressing an act 1. accused is not guilty of any crime punishable by any law 2. court finds it deem proper to punish said act 3. court should properly dismissed case and acquit accused 4. judge report to Chief Executive through Secretary of Justice regarding said act to be repressed For Excessive Penalties 1. court finds accused guilty of said act 2. excessive penalty due to a. lesser malice and gravity b. no injury 3. non suspension of penalty 4. judge report to Chief Executive through Secretary of Justice regarding said act Article 6 Attempted, Frustrated and Consummated Requisites: For Attempted: 1. overt acts only (acts directly related to the crime intended to commit) 2. not perform all acts of execution to produce felony 3. not stopped by spontaneous desistance of person 4. stopped by cause or accident other than spontaneous desistance of person For Frustrated (mortal wound must be inflicted) 1. perform all acts of execution to produce felony 2. did not produce felony 3. due to acts/consequences independent to the will of the person For Consummated Perform all acts of execution to produce felony and produce it Article 7 Light felonies

-generally, not punishable except if consummated and if the following crimes against persons and properties are committed even if in the attempted and frustrated stage only: 1. 2. 3. 4. 5. slight physical injuries theft altercation of boundary marks intriguing against honor malicious mischief

punishment will be arresto menor and/or less than or equal to P200 fine Article 8 Conspiracy and Proposal -generally not punishable since preparatory stage only except in: 1. Treason 2. Insurrection/Rebellion/Coup d etat 3. Sedition Note: for bribery and corruption of officials, proposal is an overt act Conspiracy as criminal liability- if not executed Conspiracy as manner of incurring criminal liability- if executed Requisites of Conspiracy 1. 2 or more individuals entered into agreement of committing a felony 2. decided its execution Requisites of Proposal 1. one decided to commit felony 2. proposed its execution proposal need not be accepted; if accepted conspiracy already Article 9 Punishments for: Grave felonies - capital punishment- death penalty - afflictive penalties 1. reclusion perpetua 2. reclusion temporal 3. perpetual/temporary absolute disqualification 4. perpetual/temporary special disqualification 5. prision mayor Less Grave felonies - correctional penalties 1. prision correccional 2. arresto mayor 3. suspension 4. destierro

Light felonies see Article 7 Article 10- Special laws supersede RPC; RPC acts as suppletory for special laws Applicable in Article 10 Article 8=Conspiracy Article 12 paragraph 3= Exempting circumstances 9-15 y.o. Art 17-Principal 22-retroactive effect of penal laws 39-Subsidiary penalty 100-Civil liability of person guilty of a felony 45-Confiscation and forfeiture of the proceeds or instruments of the crime Not Applicable in Article 10 6- Attempted, Frustrated, Consummated 13- Mitigating circumstance 14- Aggravating circumstances 18- accomplices 19- accessories 50-57-penalty imposed on principals, accomplices and accessories of a attempted, frustrated and consummated crime 64-Rulesfor application of penalties which contains three periods 71-Graduated scales Article 11- Justifying Circumstances 1. self defense other kinds of defenses: 1. defense of right to chastity- there is unlawful aggression in mere putting of mans hand on the upper thigh of a woman 2. defense of right to property- mere dispossession of property 3. defense of right to home/dwelling- mere entrance of a house of another without his/her permission with weapon in hand Requisites a. unlawful aggression (person who gives first blow) Requisites Physical force must be actual and imminent b. reason necessity of means employed to prevent or repel it Requisites: Quality of weapon, character and size of accused and place and time of occurrence c. no sufficient provocation Requisites: no provocation, if there is provocation not sufficient, if sufficient not given by accused, if given by accused not imminent 2. defense of relative Relatives are: spouse, ascendant, descendant, legitimate, natural, adopted brother or sister and affinity of same degrees and 4th degree of consanguinity

Same requisites as above except for letter c, if sufficient provocation given by relative, defender must take no part in it. 3. defense of stranger Strangers are those not mentioned in number 2. Same requisites with number one except for letter c, purpose of defending must be out of generous and disinterested motive to help stranger in danger 4. avoiding an evil by inflicting injury provided that: a. evil avoided actually exists b. evil avoided greater than injury inflicted to avoid it c. no other reasonable means to avoid evil 5. fulfillment of a duty and lawful exercise of right or function 6. obedience to a lawful order of a superior provided manner of obeying is also lawful Article 12 Exempting circumstances (except for numbers 4 and 7, all are entitled to civil liability) 1. 2. 3. 4. insane and imbecile below 9 years old 9-15 years old without discernment a person doing lawful act, acting with due care, inflicted injury by mere accident, without intention to inflict injury (similar to mistake of fact) 5. irresistible outside physical force inflicted by a 3rd person 6. uncontrollable fear provided that it actually exists and it is so grave so as to subdue an ordinary person to it 7. failure to perform a lawful act due to some lawful and insuperable cause Note: For Paragraphs 2 and 3, RA 9344 (Juvenile Justice and Welfare Act of 2006) amended it Stages of Criminal Liability 1. Full irresponsibility- below 15 y.o. 2. conditional responsibility- 15-18 y.o. 3. full responsibility- 18-70 y.o. 4. mitigating responsibility- 15-18 y.o. without discernment and above 70 y.o. Article 13 Mitigating circumstances (privileged -2 or majority of requisites present and ordinary- 1 requisite present) 1. a. b. c. d. e. f. g. h. incomplete defenses self defense defense of relative defense of stranger Art 12 paragraph 4 not acting with due care- culpable felony Uncontrollable fear Irresistible force Fulfillment of a duty Obedience to lawful order

2. 15-18 y.o. without discernment (diversion program; if do not attend, subject to trial) and above 70 y.o. (commutation of sentence) 3. no intention to commit a crime so grave 4. sufficient provocation on part of aggrieved party immediately after the act (take into account place and occasion and social standing of accused) 5. grave offense against relative was committed and felony is committed in vindication to it 6. impulse that can produce passion and obfuscation to accused and can diminish his will power No mitigating circumstances: 1. spirit of lawlessness 2. spirit of revenge Requisites: 1. act unlawful and sufficient to produce such condition of mind 2. said act not far removed from commission of crime 7. voluntary surrender to persons in authority and his agents prior to issuance of warrant of arrest and voluntary confession to court before arraignment Requisites of voluntary surrender 1. offender not actually arrested 2. offender surrendered to a person in authority or his agents 3. surrender was voluntary When surrender voluntary 1. when he acknowledges his guilt 2. because he wishes to save them the trouble and expenses necessarily incurred in his search and capture surrender must be spontaneous Requisites of plea of guilty 1. spontaneously confessed his guilt 2. confession of guilt was made in open court before trial 3. confession made prior to presentation of evidence 8. deaf and dumb, blind (both eyes) and with other physical defect 9. injury/sickness that can diminish will power of person but cannot affect consciousness to his acts 10. other acts similar to the ones stated above. Mitigating circumstances personal to the offenders 1. from the moral attributes of the offender 2. from his private relations with the offended party 3. from any personal cause shall only serve to mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant

Article 14 Aggravating Circumstances- attendant in crime, serve to increase penalty without exceeding maximum penalty provided by law for the offense Basis 1. motivating power itself 2. place of commission 3. means and way employed 4. time 5. personal circumstances of the offender, or of the offended party 4 kinds of aggravating circumstances 1. generic- generally apply to all crimes Example: dwelling nighttime and recidivism 2. specific- particular crimes Example: ignominy in crimes of chastity, cruelty and treachery in crimes against persons 3. qualifying-change nature of crime Example: treachery in murder 4.inherent- must of necessity accompany commission of crime Example: evident premidation in robbery, theft, estafa, concubinage and adultery Qualifying Change nature of offense and penalty Cannot be offset by a mitigating Should be alleged Generic Maximum period penalty Can be offset Should be alleged

1. abuse of authority- advantage be taken by the offender of his public

position 2. insult of public authority Requisites a. public authority is engaged in the exercise of his functions b. he who is engaged in the exercise of said functions is not the person against whom crime is committed c. offender knows him to be a public authority d. his presence has not prevented the offender from committing criminal act 3. Act committed insult or disregard on account of offended partys: a. rank b. age c. sex and said be committed in dwelling of offended party if latter not given provocation-sufficient and immediate not applicable in passion and obfuscation and relationship between offended party and offender disregard of sex absorbed in treachery dwelling- building or structure exclusively for rest and comfort abuse of confidence and violation of sanctity of home

Not aggravating in: 1. offender and offended party occupants of same house 2. robbery is committed by use of force upon things 3. crimes of trespass 4. owner gave sufficient and immediate provocation 5. when dwelling where crime was committed and not belong to offended party 6. rape committed on ground floor of 2-storey bldg where lower structure rental store 7. husband killed estranged wife in their house Dwelling not included in treachery

4. abuse of confidence and obvious ungratefulness

Requisites of abuse of confidence a. offended party had trusted offender b. offender abused trust c. abuse facilitated commission of crime 5. 1. 2. 3. 4. Crime committed: palace of Chief Executive in his presence public authorities engaged in discharge of duties religious worship

6. Crime committed: nighttime, uninhabited place and by band

Aggravating when; 1. facilitated commission of crime 2. especially sought for by offender to insure commission of crime or for purpose of impunity 3. offender took advantage thereof for purpose of impunity uninhabited place- no houses at all - considerable distance from town - houses scattered at great distance from each other By band not inherent in crime against chastity Absorbed in aggravating circumstance-abuse of superior strength and use of firearms Aggravating in robbery with homicide 7. a. b. c. d. e. f. Crime committed on occasion of: conflagration shipwreck earthquake epidemic calamity misfortune

8. Crime committed with aid of armed men/women, person who insure or afford impunity 9. accused is a recidivist Requisites: a. offender on trial for an offense b. previously convicted by final judgment of another crime c. first and second offenses are embraced by same title of the code d. offender is convicted of the new offense Recidivism present even if lapse of time between 2 felonies is more than 10 years Pardon does not obliterate the fact that the accused was a recidivist; but amnesty extinguishes the penalty and its effects Judgment final when: 1. expiration 15 day appeal 2. waive in writing appeal 3. has already served sentence 4. applies for probation 10. accused on trial for an offense, previously served sentence, attaches lighter penalty for new offense and convicted for new offense Recidivism Final judgment Same title To be taken into consideration in fixing penalty to be imposed upon the accused Reiteracion Serve sentence Not embrace same title of code Not always aggravating

Four forms of repetition 1. recidivism 2. reiteracion/habituality 3. multi-recidivism or habitual delinquency= within 10 years from release or last conviction of crimes found guilty of said crimes (serious/less serious injuries, robbery, theft, estafa or falsification)a 3rd time or oftener 4. quasi-recidivism- convicted by final judgment before/while serve sentence punish by max. 11. Crime committed in consideration of price, reward or promise 12. Crime committed by means of inundation, fire, poison, explosion, stranding of a vessel, intentional damage, derailment of locomotive, use of artifice involving great waste and ruin. always qualifying, generic if there is relationship but punishment at max 13. evident premeditation- planning; always qualifying Requisites a. time when offender determined to commit crime b. act manifestly indicating culprit clung to his determination c. sufficient lapse of time between determination and execution to allow him to reflect of his consequences and conscience

14. Craft (intellectual trick), fraud (insidious words) and disguise (concealment of face) 15. advantage be taken of superior strength and means employed weakens defense 16. act committed with treachery Requisites a. victim not in position to defend self at time of attack b. offender consciously adopted particular means, method of form of attack employed by him 17. Ignominy- moral order, adds disgrace and obliquy to material injury caused by crime Applicable to crimes against: 1. chastity 2. less serious physical injuries 3. light or grave coercion 4. murder 18. Crime committed after unlawful entry- to effect entrance 19. wall, roof, window, door, floor broken- to effect entrance 20. crime committed with aid of persons under 15 y.o. and by means of motor vehicles 21. cruelty Requisites a. injury caused deliberately increased by causing other wrong b. other wrong necessary for execution of purpose of offender Article 15 Alternative circumstances Relationship (spouse, ascendants, descendants, legitimate, natural and adopted brothers and sisters and affinity of same degrees, stepfather, stepmother, stepson and stepdaughter) Mitigating in crimes against property Aggravating crimes against chastiy Intoxication Mitigating- not habitual and no intention Aggravating-habitual and with intention Degree of instruction and schooling (not finish grade 1) Mitigating- if low Aggravating- if high In crimes like theft and rape, always aggravating Article 16 Criminally liable in: Grave/Less Grave 1. Principal 2. Accomplices

3. Accessories Light Felonies 1. Principal 2. Accomplices Article 17 Principal 1. direct participation- personally executes crime 2 or more offenders by direct participation requisites a. participated in the criminal resolution b. carried out plan and personally took part in execution of crime w/c directly tended to the same end Proof of conspiracy a. direct evidence b. acted in concert unity of purpose and intention a. spontaneous agreement at moment of commission of crime is sufficient to create joint responsibility b. active cooperation by all the offenders c. contributing by positive acts to the realization of a common criminal intent d. presence and lending moral support e. know plan and accepted role act of one act of all in conspiracy 2. inducement 2 kinds a. direct force 1. irresistible force 2. uncontrollable fear b. direct inducement 1. giving price, offering reward or promise 2. words of command Requisites 1. inducement be made directly with intention of procuring commission of crime 2. such inducement determining cause of commission of crime by material executor Requisites in command a. one uttering words of command must have intention of procuring commission of crime b. one who made command must have ascendancy or influence over person who acted c. words used must be direct, efficacious and powerful d. words of command uttered prior to crime e. material executor not personal reason to commit it

Principal by inducement Inducement to commit crime Criminally liable only if committed by principal by direct participation Inducement involves any crime

Offender who made proposal Inducement to commit crime Mere proposal in treason or rebellion constitutes criminal liability Treason and rebellion only

Effects of acquittal of principal by direct participation upon liability of principal by inducement a. conspiracy negatived by acquittal of co-defendant b. one cannot be held guilty of instigated crime w/o first shown crime actually committed 3. indispensable cooperation Requisites a. participation in criminal resolution- anterior conspiracy or unity of criminal purpose and intention immediately before commission of crime charged b. cooperation by performing another act, w/o which it would not been accomplished. Article 18 Accomplices - persons other than in Article 17 - cooperated in execution of offense - previous or simultaneous acts Quasi-collective criminal responsibility -principals and accomplices One degree lower penalty No principal by direct participation, no accomplice No conspiracy between the two Principal by direct participation originates criminal design, accomplice merely concur 2 ways in knowing criminal design 1. told by principal 2. He saw crime and concur When there is doubt whether principal or accomplice, always assume accomplice Conspirator Know and agree criminal design Part of decision making Decide to commit Author Accomplice Know and agree criminal design No part in decision making Concur to commit Instruments/ mere supplies material and moral support to principal

Requisites of accomplice 1. community of design 2. cooperates in execution of offense by previous or simultaneous acts 3. relation between acts of principal and accomplice

Direct participation Indispensable to crime Direct part Conspiracy Article 19 Accessories -have knowledge of commission of crime -not participate but take part

Accomplice Not indispensable Indirect part No conspiracy

1. by profiting themselves or assisting offender to profit by effects of crime 2. concealing or destroying body of crime 3. harboring, concealing or assisting effect of principal 2 classes of accessories a. public officer Requisites 1. public officer 2. harbor, conceals or assists escape of principal 3. public officer acts with abuse of his public functions 4. crime committed by principal is any crime but not light felony b. private individual Requisites 1. private person 2. harbors, conceals or assists in escape of author of crime 3. treason, parricide, murder, attempt to presidents life, habitual criminal/habitually guilty of some other crime mayor who refused to prosecute offender is accessory one who kept silent with regard to crime not an accessory accessory liability is subordinate and subsequent Accessory Not take direct part, cooperate, induce Not cooperate in commission of offense After commission of crime Principal & Accomplice Direct part Cooperate Before and during commission of crime

Article 20 Accessories exempt from criminal liability 1. spouse 2. ascendant 3. descendant 4. legitimate, natural or adopted brother, sister or relative by affinity with same degree