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Book I: A C B O 2007 Criminal Law
Book I: A C B O 2007 Criminal Law
BOOK I
CRIMINAL LAW A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. Characteristics of Criminal Law: 1. General binding on all persons who reside or sojourn in the Philippines Exceptions: a. Treaty Stipulation b. Laws of Preferential Application c. Principles of Public International Law Ex: i. sovereigns and other chiefs of state ii. Ambassadors, ministers plenipotentiary, minister resident and charges daffaires (BUT consuls, vice-consuls and other foreign commercial representatives CANNOT claim the privileges and immunities accorded to ambassadors and ministers.) 2. Territorial penal laws of the Philippines are enforceable only within its territory Exceptions: (Art. 2 of RPC binding even on crimes committed outside the Philippines) a. offense committed while on a Philippine ship or airship b. forging or counterfeiting any coin or currency note of the Philippines or obligations and the securities issued by the Government QuickTime and a TIFF (Uncompressed) decompressor c. introduction into the country of the are needed to see this picture. above-mentioned obligations and securities d. while being public officers and employees, an offense committed in the exercise of their functions e. crimes against national security and the law of the nations defined in Title One of Book Two 3. Prospective the law does not have any
retroactive effect. Exception: when the law is favorable to the accused Exceptions to the Exception: a. The new law is expressly made inapplicable to pending actions or existing causes of action b. Offender is a habitual criminal Theories of Criminal Law: 1. Classical Theory basis is mans free will to choose between good and evil, that is why more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is generally governed by this theory. 2. Positivist Theory basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency. 3. Mixed Theory combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate. Construction of Penal Laws: 1. Liberally construed in favor of offender Ex: a. the offender must clearly fall within the terms of the law b. an act is criminal only when made so by the statute 2. In cases of conflict with official translation, original Spanish text is controlling, 3. No interpretation by analogy.
LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS: 1. ex post facto law 2. bill of attainder 3. law that violates the equal protection clause of the constitution 4. law which imposes cruel and unusual punishments nor excessive fines
Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna Gomez
ELEMENTS: 1. there must be an act or omission 2. this must be punishable by the RPC 3. act or omission was done by means of dolo or culpa NULLUM CRIMEN, NULLA POENA SINE LEGE There is no crime when there is no law punishing it. Classification Of Felonies According To The Means By Which They Are Committed: 1. Intentional Felonies- by means of deceit (dolo) Requisites: a. freedom b. intelligence c. intent. MISTAKE OF FACT misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable. Requisites: a. the act done would have been lawful had the facts been as the accused believed them to be bintention is lawful b. mistake must be without fault or carelessness by the accused 2. Culpable Felonies- by means of fault (culpa) Requisites: a. freedom b. intelligence c. negligence (lack of foresight) and imprudence (lack of skill)
ART.1: TIME WHEN ACT TAKES EFFECT RPC took effect February 1, 1932. ART. 2: APPLICATION OF ITS PROVISIONS RULES: 1. Philippine vessel or airship Philippine law shall apply to offenses committed in vessels registered with the Philippine Bureau of Customs. It is the registration, not the citizenship of the owner which matters. 2. Foreign vessel a. French Rule General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are NOT triable in the courts of such country. Exception: commission affects the peace and security of the territory, or the safety of the state is endangered. b. English Rule General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country. Exception: When the crime merely affects things within the vessel or it refers to the internal management thereof. *This is applicable in the Philippines. Title One: FELONIES QuickTime AND CIRCUMSTANCES and a TIFF (Uncompressed) decompressor WHICH AFFECT CRIMINAL LIABILITY are needed to see this picture. Chapter One: FELONIES Felonies acts and omissions punishable by the Revised Penal Code Crime acts and omissions punishable by any law Act an overt or external act
MALA IN SE v. MALA PROHIBITA Mala in se Mala Prohibita not considered moral trait of considered offender defense, not a defense; good faith as a valid unless the crime is intent not defense the result of culpa necessarysufficient that the offender has the intent to perpetrate the act prohibited by the special law
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mitigating and taken into account GENERALLY not in imposing penalty taken into account aggravating circumstance degree of when there is more than one offender, participation it is taken into consideration General Rule: laws violated RPC GENERALLY not taken into account General Special Laws Rule: Penal
Motive
purpose to use a moving power which impels particular means to effect one to act a result element of crime except not an element in crimes committed with culpa essential in intentional essential only when the identity felonies of the felon is in doubt
ART. 4: CRIMINAL LIABILITY Par.1 Criminal liability for a felony committed different from that intended to be committed Requisites: 1. felony has been committed intentionally 2. injury or damage done to the other party is the direct, natural and logical consequence of the felony Hence, since he is still motivated by criminal intent, the offender is criminally liable in: 1. Error in personae mistake in identity 2. Abberatio ictus mistake in blow QuickTime and a 3. Praetor intentionem lack of intent to TIFF (Uncompressed) decompressor are needed to see this picture. commit so grave a wrong PROXIMATE CAUSE the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred
ART. 6: CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES STAGES OF EXECUTION: 1. CONSUMMATED when all the elements necessary for its execution and accomplishment are present 2. FRUSTRATED Elements: a. offender performs all acts of execution b. all these acts would produce the felony as a consequence c. BUT the felony is NOT produced d. by reason of causes independent of the will of the perpetrator 3. ATTEMPTED Elements: a. offender commences the felony directly by overt acts b. does not perform all acts which would produce the felony c. his acts are not stopped by his own spontaneous desistance
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Crimes, which do not admit of Frustrated and Attempted Stages: 1. Offenses punishable by Special Penal Laws, unless the law provides otherwise 2. Formal crimes consummated in one instance (Ex: slander, adultery, etc.) 3. Impossible Crimes 4. Crimes consummated by mere attempt (Ex: attempt to flee to an enemy country, treason, corruption of minors) 5. Felonies by omission 6. Crimes committed by mere agreement (Ex: betting in sports: ending, corruption of public officers) Crimes which do not admit of Frustrated Stage: 1. Rape 2. Bribery 3. Corruption of Public Officers 4. Adultery 5. Physical Injury 2 stages in the development of a crime: 1. Internal acts - e.g. mere ideas QuickTime of the mind and a TIFF (Uncompressed) decompressor - not punishable are needed to see this picture. 2. External acts a. Preparatory acts - ordinarily not punishable except when considered by law as independent crimes (e.g. Art. 304, Possession of picklocks and similar tools) b. Acts of Execution - punishable under the RPC
ART. 8: CONSPIRACY AND PROPOSAL TO COMMIT FELONY CONSPIRACY Requisites: 1. Two or more persons come to an agreement 2. For the commission of a felony 3. And they decide to commit it Concepts of Conspiracy: 1. As a crime in itself Ex: conspiracy to commit rebellion, insurrection, treason, sedition, coup d etat 2. Merely as a means to commit a crime Requisites: a. a prior and express agreement b. participants acted in concert or simultaneously, which is indicative of a meeting of the minds towards a common criminal objective Note: Conspiracy to commit a felony is different from conspiracy as a manner of incurring criminal liability. General Rule: Conspiracy to commit a felony is not punishable since it is merely a preparatory act. Exception: when the law specifically provides for a penalty Ex: rebellion, insurrection, sedition, coup d etat General Rule: The act of one is the act of all. Exception: Unless one or some of the conspirators committed some other crime which is not part of the intended crime.
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ART. 10: OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE General Rule: RPC provisions are supplementary to special laws. Exceptions: 1. when special law provides otherwise 2. when provision of RPC are impossible of application, either by express provision or by necessary implication Special Laws imprisonment RPC prision correccional, prision mayor, arresto mayor, etc. Punishable
PROPOSAL TO COMMIT A FELONY Requisites: 1. A person has decided to commit a felony 2. And proposes its execution to some other person or persons
Terms
Elements
Conspiracy Proposal Agreement to person decides to commit AND commit a crime AND proposes the commission same to another Conspiracy to commit: sedition, treason, rebellion, coup d etat Proposal to commit: treason, rebellion, coup d etat *no proposal to commit sedition
Attempted or Frustrated Stages Plea of guilty as mitigating circumstance Minimum, medium and maximum periods Penalty for accessory or accomplice
Yes
Crimes
Not applicable
Yes
Yes
Provisions of RPC applicable to special laws: Art. 16 Participation of Accomplices Art. 22 Retroactivity of Penal laws if favorable to the accused Art. 45 Confiscation of instruments used in the crime Note: When the special law adopts the penalties imposed in the RPC i.e. penalties as reclusion perpetua, prision correccional, etc. the provisions of the RPC on imposition of penalties based on stages of execution, degree of participation and attendance of mitigating and aggravating circumstance may be applied by necessary implication.
1. To determine whether the felonies can be complexed or not. 2. To determine the prescription of the crime and of the penalty. Penalties (imprisonment): 1. Grave felonies afflictive penalties: 6 yrs. and 1 day to reclusion perpetua (life) 2. Less grave felonies correctional penalties:
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Chapter Two JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES, WHICH EXEMPT FROM CRIMINAL LIABILITY
ART. 11. JUSTIFYING CIRCUMSTANCES JUSTIFYING CIRCUMSTANCES where the act of a person is in accordance with law such that said person is deemed not to have violated the law. General Rule: No criminal and civil liability incurred. Exception: There is civil liability with respect to par. 4 where the liability is borne by persons benefited by the act.
Par. 1 Self-defense Elements: 1. Unlawful Aggression indispensable requirement There must be actual physical assault or aggression or an immediate and imminent threat, which must be offensive and positively strong. The defense must have been made during the existence of aggression, otherwise, it is no longer justifying. While generally an agreement to fight does not constitute unlawful aggression, violation of the terms of the agreement to fight is considered an exception. 2. Reasonable necessity of the employed to prevent or repel it means
3. self-defense in libel justified when the libel is aimed at a persons good name. Stand ground when in the right - the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon. NOTE: Under Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004), victim-survivors who are found by the Courts to be suffering from Battered Woman Syndrome (BWS) do not incur any criminal or civil liability despite absence of the necessary elements for the justifying circumstance of self-defense in the RPC. BWS is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
Test of reasonableness depends on: (1) weapon used by aggressor (2) physical condition, character, size QuickTime and a and other circumstances of TIFF (Uncompressed) decompressor are needed to see this picture. aggressor (3) physical condition, character, size and circumstances of person defending himself (4) place and occasion of assault 3. Lack of sufficient provocation on the part of the person defending himself NOTE: Perfect equality between the weapons used,
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NOTE: The accused must prove that he was duly appointed to the position claimed he was discharging at the time of the commission of the offense. It must also be shown that the offense committed was the necessary consequence of such fulfillment of duty, or lawful exercise of a right or office. Par. 6 Obedience to a Superior Order Elements: 1. an order has been issued 2. order has a lawful purpose (not patently illegal) 3. means used by subordinate to carry out said order is lawful NOTE: The superior officer giving the order cannot invoke this justifying circumstance. Good faith is material, as the subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is not negligent. General Rule: Subordinate cannot invoke this circumstance when order is patently illegal. Exception: When there is compulsion of an irresistible force, or under impulse of uncontrollable fear.
ART. 12: CIRCUMSTANCES, WHICH EXEMPT FROM CRIMINAL LIABILITY EXEMPTING CIRCUMSTANCES grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. Basis: The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. Burden of proof: Any of the circumstances is a matter of defense and must be proved by the defendant to the satisfaction of the court.
Justifying Act
Exempting Actor
Par. 1 Imbecility or Insanity IMBECILE one while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He is exempt in all cases from criminal liability. INSANE one who acts with complete deprivation of intelligence/reason or without the least discernment or with total deprivation of freedom of will. Mere abnormality of the mental faculties will not exclude imputability. General Rule: Exempt from criminal liability Exception: The act was done during a lucid interval. NOTE: Defense must prove that the accused was insane at the time of the commission of the crime because the presumption is always in favor of sanity.
Par. 2 Under Nine Years of Age Requisite: Offender is under 9 years of age at the time of the commission of the crime. There is absolute criminal irresponsibility in the case of a minor under 9 years of age. NOTE: Under R.A. 9344 or the Juvenile Justice And Welfare Act a minor 15 years and below is exempt from criminal liability Par. 3 Person Over 9 and Under 15 Acting QuickTime and a TIFF (Uncompressed) decompressor Without Discernment are needed to see this picture. NOTE: Such minor must have acted without discernment to be exempt. If with discernment, he is criminally liable. Presumption: The minor committed the crime without discernment. DISCERNMENT mental capacity to fully appreciate
Par. 6 Uncontrollable Fear UNCONTROLLABLE FEAR offender employs intimidation or threat in compelling another to commit a crime. DURESS use of violence or physical force Elements: 1. The threat which causes the fear is of an evil greater than, or at least equal to, that which he is required to commit. 2. It promises an evil of such gravity and imminence that an ordinary man would have succumbed to it. NOTE: Duress to be a valid defense should be based on real, imminent or reasonable fear for ones life or limb. It should not be inspired by speculative, fanciful or remote fear. A threat of future injury is not enough.
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ACTUS ME INVITO FACTUS NON EST MEUS ACTUS Any act done by me against my will is not my act. PAR 7. Insuperable Cause INSUPERABLE CAUSE some motive, which has lawfully, morally or physically prevented a person to do what the law commands Elements: 1. An act is required by law to be done. 2. A person fails to perform such act. 3. His failure to perform such act was due to some lawful or insuperable cause. Ex: 1. A priest cant be compelled to reveal what was confessed to him. 2. No available transportation officer not liable for arbitrary detention 3. Mother who was overcome by severe dizziness and extreme debility, leaving child to die not liable for infanticide (People v. Bandian, 63 Phil 530) ABSOLUTORY CAUSES where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed. Exempting and justifying circumstances are absolutory causes. Examples of such other circumstances are: 1. spontaneous desistance (Art. 6) 2. accessories exempt from criminal liability (Art. 20) 3. Death or physical injuries inflicted under exceptional circumstances (Art. 247) 4. persons exempt from criminal liability from theft, swindling, malicious mischief (Art 332) 5. instigation NOTE: Entrapment is NOT an absolutory cause. A buy-bust operation conducted in connection with illegal drug-related offenses is a form of entrapment. Entrapment
QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.
Kinds (Sources)
Effect of imposing the penalty by 1 or 2 degrees lower than that provided by law Minority, Incomplete Self-defense, two or more mitigating circumstance without any aggravating circumstance (has the effect of lowering the penalty by one degree). Art. 64, 68 and 69
Ordinary Mitigating Can be offset by a generic aggravating circumstance If not offset, has the effect of imposing the minimum period of the penalty Those circumstances enumerated in paragraph 1 to 10 of Article 13
Age 15years
Instigation
The ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan.
Instigator practically induces the would-be accused into the commission of the offense and himself becomes a co-principal
Criminal Responsibility/ Effect Absolute irresponsibility, exempting circumstance * as amended by RA 9344 15 < and < Conditional responsibility 18 Without discernment not criminally liable With discernment criminally liable * as amended by RA 9344 Minor Sentence is suspended delinquent 18 and 70 Full responsibility
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ART. 13: MITIGATING CIRCUMSTANCES MITIGATING CIRCUMSTANCES those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime NOTE: A mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances arising from that same fact. Par. 1 Incomplete Justifying or Exempting Circumstances NOTE: This applies when not all the requisites are present. If two requisites are present, it is considered a privileged mitigating circumstance. However, in reference to Art.11(4) if any of the last two requisites is absent, there is only an ordinary mitigating circumstance. Remember though, that in selfdefense, defense of relative or stranger, unlawful aggression must always be present as it is an indispensable requirement. Par. 2 Under 18 or Over 70 Years Old NOTE: Age of accused is determined by his age at the date of commission of crime, not date of trial. Par. 3 No Intention to Commit so Grave a Wrong
QuickTime and a the proven facts NOTE: Can be used only when TIFF (Uncompressed) decompressor are needed toand see this picture. show that there is a notable evident disproportion between the means employed to execute the criminal act and its consequences.
Requisites: 1. provocation must be sufficient 2. it must originate from the offended party 3. must be immediate to the commission of the crime by the person who is provoked NOTE: Threat should not be offensive and positively strong. Otherwise, it would be an unlawful aggression, which may give rise to self-defense and thus no longer a mitigating circumstance.
Factors that can be considered are: 1. weapon used 2. injury inflicted 3. part of the body injured 4. mindset of offender at the time of commission of crime
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Same
Par. 7 Surrender and Confession of Guilt Par. 6 Passion or Obfuscation Requisites: 1. offender acted upon an impulse 2. the impulse must be so powerful that it naturally produced passion or obfuscation in him NOTE: Act must have been committed not in the spirit of lawlessness or revenge; act must come from lawful sentiments. Act, Which Gave Rise To Passion And Obfuscation: 1. That there be an act, both unlawful and unjust 2. The act be sufficient to produce a condition of mind 3. That the act was proximate to the criminal act, not admitting of time during which the perpetrator might recover his normal equanimity 4. The victim must be the one who caused the passion or obfuscation
TIFFobfuscation (Uncompressed) decompressor NOTE: Passion and cannot co-exist with are needed to see this picture. treachery since this means that the offender had time to ponder his course of action. QuickTime and a
Requisites:
VOLUNTARY SURRENDER 1. offender not actually arrested 2. offender surrendered to person in authority 3. surrender was voluntary
VOLUNTARY PLEA OF GUILT 1. offender spontaneously confessed his guilt 2. confession was made in open court, that is, before the competent court that is to try the case 3. confession of guilt was made prior to the presentation of the evidence for the prosecution
PASSION & OBFUSCATION Mitigating No physical force needed From the offender himself
WHEN SURRENDER VOLUNTARY - must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because: 1. he acknowledges his guilt; or 2. he wishes to save them the trouble and expense necessarily incurred in his search and capture. NOTE: If both are present, considered as two independent mitigating circumstances. Further mitigates penalty.
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CHAPTER FOUR
AGGRAVATING CIRCUMSTANCES Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime. BASIS: The greater perversity of the offender manifested in the commission of the felony as shown by: 1. the motivating power itself, 2. the place of the commission, 3. the means and ways employed 4. the time, or 5. the personal circumstances of the offender, or the offended party.
Examples Not examples defendant who is 60 years old killing the wrong with failing eyesight is similar to a person case of one over 70 yrs old
QuickTime and a outraged feeling of TIFF owner of not resisting arrest is (Uncompressed) decompressor are needed to see this picture. animal taken for ransom is not the same as analogous to vindication of grave voluntary surrender offense
KINDS OF AGGRAVATING CIRCUMSTANCES: 1. Generic - those which apply to all crimes 2. Specific - those which apply only to specific crimes, 3. Qualifying - those that change the nature of the crime 4. Inherent - which of necessity accompany the commission of the crime, therefore not considered in increasing the penalty to be imposed 5. Special - those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances GENERIC AGGRAVATING CIRCUMSTANCE EFFECT : When not set off by any mitigating circumstance, Increases the penalty which should be imposed upon the accused to the QUALIFYING AGGRAVATING CIRCUMSTANCE EFFECT: Gives the crime its proper and exclusive name and places the author of the crime in such a situation as to deserve no other
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impulse of jealous feeling, similar to passion and obfuscation voluntary restitution of property, similar to voluntary surrender
If not alleged in the information, a qualifying aggravating circumstance will be considered generic May be offset by a mitigating circumstance.
RULES ON AGGRAVATING CIRCUMSTANCES: 1. Aggravating circumstances shall NOT be appreciated if: a) They constitute a crime specially punishable by law, or b) It is included by the law in defining a crime with a penalty prescribed, and therefore shall not be taken into account for the purpose of increasing the penalty. Ex: That the crime be committed by means of fire,explosion (Art. 14, par. 12) is in itself a crime of arson (Art. 321) or a crime involving destruction (Art. 324). It is not to be considered to increase the penalty for the crime of arson or for the crime involving destruction. 2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof(Art.62, par.2) 3. Aggravating circumstances which arise: a) From the moral attributes of the offender; b) From his private relations with the offended party; or c) From any personal cause, shall only serve to aggravate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. (Art. QuickTime and a TIFF (Uncompressed) decompressor 62, par. 3) are needed to see this picture. 4. The circumstances which consist : a) In the material execution of the act, or b) In the means employed to accomplish it, shall serve to aggravate the liability of only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein. Except when there is proof of conspiracy in which case the act of one is deemed to be the
Par. 1. That advantage be taken by the offender of his public position Requisites: 1. Offender is public officer 2. Public officer must use the influence, prestige, or ascendancy which his office gives him as means to realize criminal purpose It is not considered as an aggravating circumstance where taking advantage of official position is made by law an integral element of the crime or inherent in the offense, Ex: malversation (Art. 217), falsification of a document committed by public officers (Art. 171). When the public officer did not take advantage of the influence of his position, this aggravating circumstance is not present NOTE : Taking advantage of a public position is also inherent in the case of accessories under Art. 19, par. 3 (harboring, concealing, or assisting in the escape of the principal of the crime), and in crimes committed by public officers (Arts. 204245).