Revised Penal Code/special laws, presidential decrees, and executive orders A. Book 1(Articles 1-99, RPC, excluding provisions on civil liability), including related special laws) 1. Fundamental principles a) Definition of Criminal Law • Branch of public law which define crimes, treat of their nature and provide for their punishment (i) Difference between Mala in Se and Mala Prohibita ○ Mala in Se:  Act of omission is inherently evil  Felonies under the RPC  Involves moral turpitude  Moral state is the basis. Good faith or lack of intent is a defense  Modifying circumstances are considered  Degree of participation is considered  Stage of accomplishment is considered

Mala Prohibita:  Act or omission is evil because the law prohibits the same  Does not involve moral turpitude  Positively prohibited  Voluntariness is the basis. Good faith or lack of intent is not a defense  Modifying circumstances, not considered  Degree of participation, not considered  Punished only when accomplished or consummated

b) Scope of application and characteristics of Philippine criminal law (i) Generality ○ (persons to be governed) penal laws are binding on all persons who reside or sojourn in the Philippines whether citizens or not. Basis: NCC Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. Art III (1) 1987 Constitution – No person shall be deprived of life, liberty and property without due process of law, nor shall be denied equal protection (ii) Territoriality ○ (jurisdicition or the place where applicable) the law is applicable to all crimes committedwithin the limits of Philippine territory Basis: RPC Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: (par.1 is a general rule) 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.)

the appearance of a true genuine document. How forgery is committed. — Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony. heads of states and their official representatives enjoy immunity from suits ○ In the of international bodies. the latter’s law will govern.  Absolute Theory on Atmosphere – the subjacent state has complete jurisdiction over the atmosphere above it subject only to innocent passage by aircraft of foreign country ○ Extra-territorial – application on crimes committed outside the Philippine territorial jurisdiction ○ RA 75 places immunity on diplomatic representatives of foreign countries. the Philippines will do so. the latter will have jurisdiction ○ English Rule – adheres to the territoriality principle or situs of the crime. including its atmosphere. as this term is defined in Rule 5 of Article 62 of this Code. payable to bearer or order mentioned therein. Under international law. counterfeiting or altering by any means the figures. counterfeiting or altering by any means the figures. ○ Crime against national security and the law of nations include Treason. Art. words or signs contained therein  RPC. By erasing. The country of registry will have jurisdiction only where the crime relates to internal management of the vessel. — No felony shall be punishable by any penalty not prescribed by law prior to its commission. words or signs contained therein. By giving to a treasury or bank note or any instrument. Art. a diplomatic agent enjoys immunity from criminal jurisdiction of the receiving state. ○ Forgery is committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true genuine document or by erasing. letters. Espionage. ○ . currency note or obligations and securities ○ A public officer / employee who commits a crime related to the exercise of his office. who is not a habitual criminal. letters. interior waters and maritime zone  Archipelagic Doctrine – All bodies of water comprising the maritime zone and interior waters abounding different islands comprising the Philippine Archipelago are part of the Philippine territory regardless of their breadth. substituting. RPC. although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. — The forgery referred to in this section may be committed by any of the following means: 1. width or dimension. But if the foreign country did not assume jurisdiction. substituting. mere invocation of the immunity clause does not ipso facto result in the dropping of the charges in court. Art. (irretrospectivity prohibits the retroactive application of penal laws) Basis: RPC. depth. ○ Country of registry determined the nationality of the ship or airship. Penalties that may be imposed.  There is still a need to inquire whether the accused is covered by the provision of the immunity clause  Under the Vienna. 21.Intra-territorial application – applicable within the Philippine archipelago. 22. 169. not its ownership ○ French Rule – recognizes the lag or nationality of vessel (country of registry will have jurisdiction but when the crime violated the peace and order of the host country. 2. Piracy and Mutiny but not Rebellion (iii) Prospectivity ○ (when the law shall be applicable) the law should have only prospective application except if it is favorable to the offender.  If forgery was committed abroad. Retroactive effect of penal laws. it must refer only to Philippine coin. except in the case of an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving state outside of his official functions ○ Vessel must not be within the territorial jurisdiction of another country otherwise. Provoking War and Disloyalty in Case of War. sovereigns.

nullum poena sine lege ○ Applies solely to penal laws Basis: RPC. unconstitutional. 4.A. — Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony. as this term is defined in Rule 5 of Article 62 of this Code. Felonies a) Classifications of felonies ○ Felonies – acts or omissions punished under the RPC ○ Offense .A minor infraction of the law. 2. provided that the offender is not a habitual delinquent and there is no provision in the law against its retroactive application ○ This is true only when there is a repealing law. and must be coupled with freedom of action and intelligence on the part of the offender as to the act done by him. is referred to as a misdemeanor. Art. ○ Misdemeanor .Dolo is deliberate intent otherwise referred to as criminal intent. such as a violation of an ordinance. It must have been in force and had to be complied with the principle of prospectivity of statutes also applies to administrative rulings and circulars Acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect  Exceptions: • When the penal law is favorable to the offender.crimes punished under a special law is called as statutory offense. The law looks forward not backward. although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. — No felony shall be punishable by any penalty not prescribed by law prior to its commission.Whether the wrongdoing is punished under the Revised Penal Code or under a special law. the generic word crime can be used. RPC. who is not a habitual criminal. Laws shall have no retroactive effect. Penalties that may be imposed. III(22). Doctrine of operative fact. Art. unless the contrary is provided. 22. Retroactive effect of penal laws. b) Elements of criminal liability • Act or omission – An act refers to any kind of body movement that produces change in the outside world. non respicit. ○ Crime . ○ Requisites of Dolo:  Criminal Intent  Freedom of Action  Intelligence ○ Requisites of Culpa . Constitution (ex post facto) NCC. Art. this exception can never operate c) Constitutional limitations on the power of Congress to enact penal laws in the Bill of Rights (i) Equal protection (general in application) (ii) Due process (iii)Non-imposition of cruel and unusual punishment or excessive fines (a) Act Prohibiting the Imposition of Death Penalty in the Philippines (R. • Punishable by law – • By means of dolo or culpa . Rationale: a law usually derides rights which may already become vested or impairs the obligations of contract. hence. 9346) (iv) Bill of attainder (v) Ex post facto law ○ Nullum crimen. Applicable to administrative rulings and circulars and to judicial decisions (evidence of what law means) Legis interpretation legis uim obtinet Lex prospicit. If it is an original penal law. in which case it would have retroactive application. 21.○ ○ ○ ○ ○ Art.

Specific criminal intent is not presumed because it is an ingredient or element of a crime. an aim or purpose of the mind. Intent is manifested by the instrument used by the offender. In criminal law. he was not acting under duress. It does not mean that if there is no criminal intent. intent is categorized into two: (1) General criminal intent. It is the design to resolve or determination by which a person acts. Criminal intent is not necessary in these cases: (1) When the crime is the product of culpa or negligence. May a crime be committed without criminal intent? Yes. The burden is upon the wrong doer to prove that he acted without such criminal intent. that is. On the other hand. It relates to the moral significance that a person ascribes to his act and relates to the intelligence as an element of dolo. Criminal Intent Criminal Intent is not deceit. a husband came home and found his wife in a pleasant conversation with a former suitor. there is no voluntariness if either freedom. Even culpable felonies require voluntariness. On the other hand. The prosecution has the burden of proving the same. and (2) Specific criminal intent. discernment is the mental capacity to tell right from wrong. like intent to kill in the crimes of attempted or frustrated homicide/parricide/murder. reckless imprudence. Distinction between intent and motive Intent is demonstrated by the use of a particular means to bring about a desired result – it is not a state of mind or a reason for committing a crime. It is the moving power which impels one to do an act. The moving force is jealousy. voluntariness comprehends the concurrence of freedom of action. Without voluntariness. the offender is absolved of criminal liability. that is. so that means he is desirous to kill the former suitor. The word voluntariness in criminal law does not mean acting in one’s own volition. Do not use deceit in translating dolo. he got a knife. and Intelligence on the part of the offender in performing the negligent act. Thereupon. the crime was the result of negligence. reckless imprudence. In culpable felonies. because there is culpa to consider. negligence. General criminal intent is presumed from the mere doing of a wrong act. In criminal law. it cannot be committed without intent. If the crime is intentional. When there is motive in the commission of a crime. lack of foresight or lack of skill. it always comes before the intent. there can be no dolo or culpa. The specific criminal intent becomes material if the crime is to be distinguished from the attempted or frustrated stage. distinct from intent. intelligence or imprudence. This does not require proof. motive implies motion. there is no felony.   criminal negligence on the part of the offender . For example. The intent is the resort to the knife. because the nearest translation is deliberate intent. lack of foresight or lack of skill. But a crime may be committed without motive. lack of foresight or lack of skill is lacking. freedom of action on the part of the offender. Distinction between intent and discernment Intent is the determination to do a certain thing. (2) When the crime is a prohibited act under a special law or what is called malum prohibitum. Even if the offender states that he had no . intelligence and the fact that the act was intentional. hence.

Manufacture. coverage (iii) Minor offenders (iv) Application/Non application of RPC provisions (Sec. Art. It was held that criminal intent applies on the strangulation of the vital part of the body. rules.D. R.A. Distinction between negligence and imprudence (1) In negligence. If a judge was killed. Acquisition or Disposition. Penalties a) General principles . 8294) as an aggravating circumstance (b) The Comprehensive Dangerous Drugs Act of 2002 (R. There must be a law requiring the doing or performing of an act. 10. 1866. not the other way around. Criminal intent is the means resorted to by him that brought about the killing.D. there is deficiency of perception. 9262) (a) Battered woman syndrome (b) Exempting circumstances (i) Juvenile Justice and Welfare Act of 2006 (R. No. this is not criminal intent. (2) In imprudence. Criminal intent is on the basis of the act. of Firearms.A. raised the defense that he had no intent to kill his mother. many would escape criminal liability. 9165) provisions (sec. Dealing in. and the son got angry and strangled his mother. as amended) (a) Definition of child in conflict with the law (b) Minimum age of criminal responsibility (c) Determination of age (d) Exemption from criminal liability c) Mitigating circumstances d) Aggravating circumstances (i) Generic (ii) Qualifying (a) Decree Codifying the Laws on Illegal/Unlawful Possession. when prosecuted for parricide. not on the basis if what the offender says. Persons criminally liable/Degree of participation a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (P. 1829) (i) Punishable acts (ii) Compare with Article 20 (accessories exempt from criminal liability) 5. Ammunition or Explosives (P. also refer to Child and Youth Welfare Code (P. the crime is simply homicide or murder. effects) (i) Recidivism (ii) Habituality (Reiteracion) (iii) Quasi-Recidivism (iv) Habitual Delinquency g) Complex crimes vis special complex crimes 3. the son. determine if the killing has any relation to the official functions of the judge in which case the crime would be direct assault complexed with murder/homicide. RPC e) Alternative circumstances f) Absolutory cause 4. Omission is the inaction.A.9344).9165) (i) As a qualifying aggravating circumstance (ii) Immunity from prosecution and punishment.A. Look into motive to determine the proper crime which can be imputed to the accused. In a case where mother and son were living in the same house. the failure to perform a positive duty which he is bound to do.A. 603. c) Impossible crime d) Stages of execution e) Conspiracy and proposal f) Multiple offenders (differences. 98. 98) cf. If it has no relation. If we equate intent as a state of mind.reason to kill the victim.D. Circumstances which affect criminal liability a) Justifying circumstances (i) Anti-Violence Against Women and Their Children Act of 2004 (R. as amended by R. there is deficiency of action.

A. 9165) (ii) Juvenile Justice and Welfare Act of 2006 (R. Dealing in. 9372) (i) Period of detention b) Anti-Torture Act of 2009 (R. sedition. Acquisition or Disposition of Firearms.A. Ammunition or Explosives (P.A.A. including related special laws 1. 9372) (i) Punishable acts of terrorism Page 4 of 7 (ii) Who are liable (iii) Absorption principle in relation to complex crimes 4. 6235) (i) Punishable acts c) Human Security Act of 2007(R. 1866.A. 9184) (i) Prohibited acts b) Anti-Alias Law (C.A.A.(i) Act Prohibiting the Imposition of Death Penalty in the Philippines (R. Manufacture. in addition: a) The New Public Bidding Law (R. in addition: a) Decree Codifying the Laws on Illegal / Unlawful Possession. Crimes Against National Security (Articles 114-123). as amended) (a) Application on the imposed sentence (b) Coverage (c) Conditions of parole (ii) Three-fold rule (iii) Subsidiary imprisonment f) Execution and service (i) Probation Law (P.D. in addition: a) Anti-Piracy and Anti.D. 142) (i) Punishable acts .A. 8294) as an element of the crimes of rebellion.D. as amended) (a) Definition of child in conflict with the law (b) Exemption from criminal liability (c) Juvenile justice and welfare system g) Distinguished from preventive imprisonment 6. exception (i) The Comprehensive Dangerous Drugs Act of 2002 (R.Highway Robbery (P. or attempted coup d’etat b) Human Security Act of 2007 (R.A. 9372) (i) Punishable acts of terrorism (ii) Who are liable 2.D. Crimes Against the Fundamental Laws of the State (Articles 124-133).532) (i) Definition of terms (ii) Punishable acts b) Anti-Hijacking Law (P. as amended by R. also refer to Child and Youth Welfare Code (P. 9745) (i) Punishable acts (ii) Who are liable 3. Crimes Against Public Interest (Articles 161-187). manner and conditions (d) Criteria of placing an offender on probation (e) Disqualified offenders (f) Period of probation (g) Arrest of probationer (h) Termination of probation. Modification and extinction of criminal liability a) Prescription of crimes b) Prescription of penalties c) Pardon by offended party d) Pardon by the Chief Executive e) Amnesty B. 968. insurrection. Book II (Articles 114-365). 603.A. Crimes Against Public Order (Articles 134-160). as amended) (a) Definition of terms (b) Purpose (c) Grant of probation. 9346) b) Purposes c) Classification d) Duration and Effect e) Application (i) Indeterminate Sentence Law (R.D. 9344). in addition: a) Human Security Act of 2007 (R.A. 4103.

effect on liability (iv) Immunity from prosecution and punishment 6.A.A. 8049) (i) Hazing (a) Definition (b) Allowed initiation rites (ii) Who are liable (iii) Punishable acts d) Special Protection of Children Against Child Abuse. 9372) (i) Failure to deliver suspect to proper judicial authority (ii) Infidelity in the custody of detained persons (iii) False prosecution 8. 7080. Exploitation and Discrimination Act (R. 9262) (i) Punishable acts b) Anti-Child Pornography Act of 2009 (R. 9775) (i) Definition of terms (ii) Unlawful or punishable acts c) Anti-Hazing Law (R. 3019.A.D. also refer to Child and Youth Welfare Code (P. 9344).A. 1612) and its implementing rules and regulations (i) Fencing (a) Definition (b) Presumption of fencing (ii) Exception . in addition: a) Anti-Violence against Women and their Children Act of 2004 (R.A. as amended) (i) Coverage (ii) Punishable acts (iii) Exceptions b) Anti-Plunder Act (R. as amended) (i) Definition of terms (ii) Ill-gotten wealth (iii) Plunder (iv) Series/Combination (v) Pattern c) Human Security Act of 2007 (R.A. 9372) (i) Punishable acts of terrorism (ii) Who are liable 9. punishable acts (iii) Child trafficking. Crimes Against Public Morals (Articles 200-202) 7.(ii) Exception 5.A.A.A. Crimes Committed by Public Officers (Articles 203-245). Crimes Against Personal Liberty and Security (Articles 267-292). in addition: a) Anti-Graft and Corrupt Practices Act (R.A.A. Crimes Relative to Opium and Other Prohibited Drugs a) The Comprehensive Dangerous Drugs Act of 2002 (R. as amended) (i) Punishable acts f) Human Security Act of 2007 (R. 4200) (i) Punishable acts (ii) Exceptions b) Human Security Act of 2007 (R. in addition: a) Anti-Wire Tapping Act (R. 7610.A. as amended) (i) Coverage (ii) Child prostitution. Crimes Against Property (Articles 293-332). punishable acts e) Juvenile Justice and Welfare Act of 2006 (R. 9208) (i) Punishable acts 10. in addition: a) Anti-Fencing Law (P. 9165) (i) Punishable acts (ii) Who are liable (iii) Attempt or conspiracy. Crimes Against Persons (Articles 246-266). 9372 (i) Surveillance of suspects and interception and recording of communications (ii) Restriction on travel (iii) Examination of bank deposits and documents (a) Judicial Authorization (b) Application (iv) Unauthorized revelation of classified materials c) Anti-Trafficking in Persons Act of 2003 (R. 603.A.D.

A. 13-2001 Re: Clarification of Admin Circular No. Penalties of specific crimes. . Excluded Topics A. as amended (ii) Obscene publications and indecent shows (a) Punishable acts (b) Anti-Trafficking in Persons Act of 2003 (R. 2012. RPC and R. Jurisprudence— Pertinent Supreme Court decisions promulgated up to January 31.1613) (i) Punishable acts 11. Crimes Against Chastity (Articles 333-334. III. 12-2000 (i) Punishable acts (ii) Evidence of knowledge of insufficient funds (iii) Preference of imposition of fine c) Anti-Carnapping Act of 1972 (R. 7610. Exploitation and Discrimination Act (R. Blg.A. distributors and sellers (c) Clearance and permit (iv) Punishable acts d) Human Security Act of 2007 (R. 22 and Administrative Circular No. as amended) (i) Child prostitution and other acts of abuse (a) Punishable acts (b) Compare prosecution for Acts of Lasciviousness under Art.A.D. All special penal laws and Supreme Court Decisions not pertinent to the above outlined topics are excluded. 9372) (i) Punishable acts of terrorism e) Anti-Arson Law (P. B. 7610. 366.A.A. 22) plus Administrative Circular No.P. 9262) (i) Punishable acts (d) Anti-Sexual Harassment Act of 1995 (R. 12-2000 Re: Penalty for Violation of B. Crimes Against Honor (Articles 353-364).P.A.A. 336-346). 6539) (i) Definition of terms (ii) Registration (iii) Who are liable (a) Duty of collector of customs (b) Duty of importers. 9208) (i) Punishable acts (c) Anti-Violence Against Women and Their Children Act of 2004 (R. 9995) (i) Punishable acts b) Special Protection of Children Against Child Abuse.(a) With clearance or permit to sell b) Bouncing Checks Law (B. Criminal Negligence (Article 365) II. Crimes Against Civil Status (Articles 347-352) 13. in addition: a) Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases (i) Preference of imposition of fine 14.A. 7877) (i) Punishable acts 12. in addition: a) Anti-Photo and Video Voyeurism Act of 2009 (R.

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