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Criminal Law a.

Exception to the prospective application of criminal laws


Crime b. Different effects of repeal on penal law
Sources of Criminal Law c. When the repeal is absolute, the offense cases to be
No common law in the Philippines criminal
Power to Define and Punish crimes d. When the new law and the old law penalize the same
Limitations on the power of the lawmaking body to enact penal legislation offense, the offender can be tried under the old law.
Constitutional rights of the accused * e. When the repealing law fails to penalize the offense
Statutory Rights of the Accused * under the old law, the accused cannot be convicted
Rights of accused which may be waived and rights which may not waived under the new law
Characteristics of Criminal Law f. A person erroneously accused and convicted under a
repealed statute may be punished under the repealing
1. General statute
a. As a general rule, jurisdiction of civil courts is not g. A new law which omits anything contained in the old law
affected by the military character of the accused dealing on the same, operates as a repeal of anything not
b. Civil courts have concurrent jurisdiction with general so included in the amendatory act
court martial over soldiers of the AFP h. Self-repealing law
c. The Revised Penal Code or other penal law is not i. Construction of Penal Laws
applicable when a military court takes cognizance of the
case Ex post facto laws are:
d. Jurisdiction of military court
e. The prosecution of an accused before a court-martial is a - Makes criminal an act, innocent when done
bar to another prosecution for the same offense - Aggravates a crime
f. Offenders accused of war crimes are triable by military - Changes & Inflicts a greater damage
commission - Alter rules of evidence
g. Exceptions to the general application of Criminal Law - Imposes penalty or deprivation of a right for something lawful act
i. Treaties or treaty Stipulations - Deprives lawful protection
ii. Law of preferential application
1. R.A# 75
h. Persons exempt from the operation of our criminal law
by virtue of the principles of public international law
i. A consul is not entitled to the privileges and immunities
of an ambassador or minister
2. Territorial
a. Extent of Philippine territory for purposes of criminal law
b. Exceptions to the territorial application of criminal law

3. Prospective
Book one: General probvisions regarding the date of enforcements and the - Important word and Phrases
application of the provisions of this code, and regarding the offenses, the o Except as provided in the treaties and laws of preferential
persons liable and the penalties application
o Its atmosphere
Preliminary Titile: Date of effectiveness and application of the Provisions o Interior waters
of this code o Maritime zone
- History of the RPC - Crime committed on board a foreign merchant ship or airship
- The RPC Two Books - Continuing offense on a board a foreign vessel
- Offenses committed on board a foreign merchant vessel while on
Philippine waters is triable before our court
Article 1 Time when Act takes effect. This code shall take effect on the - Rules as to jurisdiction over crimes committed aboard foreign
first day of January, nineteen hundred and thirty two. merchant vessels.
The RPC is based mainly on principles of the classical school o French Rules
Two Theories in Criminal Law o English Rule
Article 2 Application of its Provision - Except as provided in the treaties - Do the Philippines courts have jurisdiction over the crime of homicide
and laws of preferential application, the provision of this code shall be committed on board a foreign merchant vessel by a member of the
enforced not only within the Philippine Archipelago, including its crew against another?
atmosphere, its interior waters and maritime zone, but also outside of its - Crimes not involving a breach of public order committed on board a
jurisdiction, against those who: foreign merchant vessel in transit not triable by our courts
- Smoking opium constitute a breach of public order
1. Should commit an offense while on a Philippine or Airship - Philippine courts have no jurisdiction over offenses committed on
2. Should forge or counterfeit any coin or currency note of the board foreign warships in territorial waters
Philippine Islands or obligations and securities issued by the - Extra territorial application of R.A # 9372
Government of the Philippines
3. Should be liable for acts connected with the introduction into Crimes committed in the exercise of functions:
these Islands of the Obligations and securities mentioned in the
preceding number; - Direct, Indirect Bribery
4. While being public officers or employees, should commit an - Frauds against the public treasury
offense in the exercise of their functions; or - Possession of prohibited interest
5. Should commit any of the crimes against national security and - Malversation of public funds or property
the law of nations, defined in Title One of Book two of this Code - Failure of accountable officer to ender accounts
- Scope of Application of the Provision of the Revised Penal Code - Illegal use of public funds or property
- In what cases are the provisions of the Revised Penal Code Applicable - Failure to make delivery of public funds or property
even if the felony is committed outside of the Philippines - Falsification by a public officer or employee committed with abuse of
- Crimes punishable in the Philippines under Article 2 are cognizable by his official position
the RTC in which the charge is filed
Crimes against national security and Law of nations - If felonies committed by means of dolo or with malice and in felonies
committed by mean of fault or culpa, the acts or omission are
- Conspiracy and proposal to commit treason voluntary
- Espionage - Acts executed negligently are voluntary
- Inciting to war and giving motives and reprisals - Three reasons why the act or omission in felonies must be voluntary
- Violation of neutrality - Requisites of dolo or malice
- Correspondence with hostile country - Intent presupposes the exercise of freedom and the use of
- Flight to enemys country intelligence
- And piracy and mutiny on the high seas - The existence of intent is shown by the overt acts of a person
Titile One: Felonies and Circumstances which affects Criminal Liability - Criminal Intent is presumed form the commission of an unlawful act
Chapter 1: Felonies - But the presumption of criminal intent does not arise from the proof
of the commission of an act which is not unlawful
Article 3 Definition Acts and omissions punishable by law are felonies - Mistake of Fact
(delitos) - Requisites of Mistake of Fact as a Defense
- Lack of intent to commit a crime may be inferred form the fact of the
Felonies are committed not only by means of deceit (dolo) but also by case
mean of fault (culpa) - In mistake of fact, the act done would have been lawful, had the facts
There is deceit when the act is performed with deliberate intent; and been as the accused believed them to be
there is fault when the wrongful act results from imprudence, negligence, - The mistake must be without fault or carelessness on the part of the
lack of foresight, or lack of skill. accused
- Lack of Intent to kill the deceased because his intention was to kill
- Felonies another, does not relieve the accused form criminal responsibility
- Element of felonies - In mistake of fact, the intention of the accused in performing the act
- Meaning of the word act should be lawful
- Only external act is punished - No crime of resistance when there is a mistake of fact
- Meaning of the word Omission - When the accused is negligent, the mistake of fact is not a defense
- The Omission must be punishable by law - Criminal intent is necessary in felonies committed by means of dolo
- Punishable by law - Distinction between general intent and specific intent
- Classification of felonies according to the means by which they are - When the accused is charged with intentional felony, absence of
committed criminal intent is a defense
- Intentional felonies and culpable felonies distinguished - Criminal intent is replaced by negligence and imprudence in felonies
- Felonies committed by mean of dolo or with malice committed by mean of culpa
- Felonies committed by means of fault or culpa - In culpable felonies, the injury caused to another should be
- A person who caused an injury, without intention to cause an evil, unintentional, it being simply the incident of another act performed
may be held liable for culpable felony without malice
- Imprudence, negligence, lack of foresight, lack of skill - Mistake in the Identity of the intended victim is not reckless
- Reason for punishing acts of negligence imprudence
- A person causing damage or injury to another without malice or fault, - Development of a Crime
is not criminally liable under the RPC o Internal Acts
- The act performed must be lawful o External Acts
- Third Class of crimes are those punished by special laws Preparatory Acts
- Dolo is not required in crimes punished by special law Acts of execution
- NO intent to perpetrate the act prohibited - Attempted Felony
- In those crimes punished by special law, the act alone irrespective of - Important words and Phrases in Article 6
its motives, constitutes the offense - The external acts must be related to the overt acts of the crime the
- Reasons why criminal intent is not necessary in crimes made by offender intended to commit
statutory enactment - Preparatory acts and over acts distinguished
- Good faith and absence of criminal intent not valid defense in crimes - Drawing o trying to draw a pistol is not an overt act of homicide
punished by special laws - Raising a bolo as if to strike the offended party with it is not an overt
o Exceptions act of homicide
- Mala in se and Mala prohibita distinguished - The external acts must have a direct connection with the crime
- When the acts are inherently immoral, they are mala in se intended to be committed by the offender
- Intent distinguished form motive - What is an indeterminate offense
- Motive, when relevant and when need not be established - The intentions of the accused must be viewed form the nature of the
- How motive is proved acts executed by him, and not form his admission
- Motive proved by the evidence - The desistance should be made before all the acts of execution ae
- Disclosure of the motive is an aid in completing the proof of the performed
commission of the crime - The desistance which exempts form criminal liability has reference to
- But proof of motive alone is not sufficient to support a conviction the crime intended to be committed by the offender before his
- Lack of motive may be an aid in showing the innocence of the accused desistance
- Subjective phase of the offense
Art. 6. Consummated, frustrated, and attempted felonies. - Frustrated Felony
Consummated felonies as well as those which are frustrated and - Important words and Phrases
attempted, are punishable. - The Supreme court in certain cases has emphasized the belief of the
A felony is consummated when all the elements necessary for its accused
execution and accomplishment are present; and it is frustrated when the - Un the Following Cases, the stages of execution were held to be
offender performs all the acts of execution which would produce the frustrated because of the wound inflicted was mortal
felony as a consequence but which, nevertheless, do not produce it by - In the following cases, the stage of execution was held to be
reason of causes independent of the will of the perpetrator attempted, because there was no wound inflicted or the wound
inflicted was not mortal
There is an attempt when the offender commences the commission of a - Is there frustration due to inadequate or intellectual means?
felony directly or over acts, and does not perform all the acts of - Frustrated Felony Distinguished for attempted felony
execution which should produce the felony by reason of some cause or - Attempted or Frustrated distinguished from impossible crime
accident other than this own spontaneous desistance. - Consummated Felony
- Important words and Phrases
- When not all the elements of a felony are proved There is proposal when the person who has decided to commit a felony
- How to determine whether the crime is only attempted frustrated or proposes its execution to some other person or persons.
it is consummated
- Nature of crime - Conspiracy is not a crime except when the law specifically provides a
- IS there a conflict in the ruling of the Adia case and Domiquez case? penalty therefor.
- Consummated Theft - General Rule
- Rulings on Frustrated Theft - Reason for the Rule
- The espiritu and Dino Cases, Distinguished - Treason, coupdetat, rebellion or sedition should not be actually
- There is no crime of Frustrated Theft committed.
- Elements to intent to kill, when present in inlifcting physical injuries - Conspiracy as a felony, distinguished from conspiracy as a manner of
- Manner of commiting the crime incurring criminal liabity
o Formal Crimes -
o Crimes Consummated by mere attempt or proposal
o Felony by Omission
o Crimes Requiring the intervention of two persons to commit
them are consummated by mere agreement
o Material Crimes

Art. 7. When light felonies are punishable. Light felonies are


punishable only when they have been consummated, with the exception
of those committed against person or property.

- What are light Felonies


o Slight Physical injuries
o Thedt
o Alteration of boundary marks
o Malicious mischief
o Intriguing against honor
- General rule
- Reason for General Rule
- Reason for the exception

Art. 8. Conspiracy and proposal to commit felony. Conspiracy and


proposal to commit felony are punishable only in the cases in which the
law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement


concerning the commission of a felony and decide to commit it.