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I. Principles of Penal Law II.

Types of Felonies:

1. Prospectively – No Retroactive Infliction of Penal 1. Dolo – Deliberate Felonies


Laws (No Ex-Post Facto Law / No Bill of Attainder) – a. Requisites:
Exception: when they benefit the accused – i. Freedom
Situations where they benefit accused: ii. Intelligence
a. Penalties are made lighter iii. Intent
b. Crime is no longer a Felony iv. Voluntariness
c. Separate Crimes made into One crime – b. Freedom v Voluntariness – former refers to
suits shall be unified lack of forces/influence that will coerce
d. Repealing Penal Law no longer Punishes performance of act or omission, later refers to
what was previously punishable by Penal the desire of the Perpetrator of committing
Law the action
2. Generality – shall affect everyone who live or sojourn c. Intent v Motive – intent is derived from the
in the Philippines (exception: Those Exempted under Act committed by the Perpetrator and is an
Treaties and Laws of Preferential Application (basis: essential requisite of a felony, motive is not
RPC Art. 2 & NCC Art. 14) essential in proving criminal liability for a
3. Territoriality – observe English Rule (crimes done felony and is not directly derived from the
aboard ship/airship within Philippine Territory unless action of the perpetrator
they affect only things within the vessel or they refer **Note: Motive is essential in identifying the
to the internal management thereof) criminal in case of doubt
d. Intelligence – knowledge needed to
II. Penal Laws determine the morality and consequences of
Penal Objectives: the act done.
e. Mistake of Fact (People v Ah Chong)
1. Prevention – Classical i. Requisites
2. Deterrence – Positivist 1. Act Done would have been
3. Self-Defense – Classical lawful if the facts were as
4. Reformation – Positivist believed by the Perpetrator
5. Retribution – Classical 2. Intention in Performance is
Lawful
Penal Theories:
3. Mistake must have been
1. Classical – Basis is Free Will without fault or negligence
2. Positivist – Strange / Isolated Phenomenon forces 2. Culpa – Felonies done with Fault/Negligence
man to produce the evil contemplated by Penal Laws a. Requisites
i. Freedom – same as above
Other Notes: ii. Intelligence – same as above
iii. Negligence – an incident totally
1. Art 1 - RPC took effect January 1, 1932
independent from the intent of the
2. Art 2 – Territoriality of the RPC and Special Penal
Perpetrator
Laws, and extraterritoriality of the same contemplated
3. Crimes Punishable by Special Penal Laws
below:
a. Mala in Se v Mala Prohibita / Prohibitum
a. Philippine Ship or Airship (English Rule)
i. Mala in Se – Crime is inherently
b. Person who forges or counterfeit Coin or
wrong based on Natural Law
Currency note of the Philippines
ii. Mala Prohibita – Crime is wrong
c. Persons connected to the introduction of the
because it is prohibited
above to the Philippines
b. There is no need to prove intent or
d. Public Officers or Employees In the Exercise
negligence when the crime is prohibited by
of their Function
law, it is wrong because it is prohibited
e. Crimes against National Security and the
(Estrada v Sandiganbayan – Plunder Law)
Law of Nations (e.g. Rebellion)

Art 3 – Felony

Requisites:

1. There is an Act or Omission


2. Act or Omission is Punishable by the RPC
3. Act or Omission is committed with Dolo or Culpa
III. Criminal Liability IV. Stages of a Felony

1. Wrongful Act is different from that which is intended 1. Internal v External Acts
a. Rationale: El Que es Causa de la Causa es a. Internal acts are mere ideas – they will never
Causa del mal Causado (One who causes incur criminal liability
the cause is the cause of the evil caused) b. External Acts are those explicitly visible or
b. Kinds of Wrongful act different from intended apparent
i. Error in Personae – the crime was i. Preparatory Acts – are generally not
intended for one person, but was punishable by law, unless such is
done on another explicitly prohibited by law
ii. Aberratio Ictus – the crime was ii. Acts of Execution – they are
done incorrectly on the right person, punishable under the revised penal
causing harm to a different person Code
iii. Praeter Intentionem – the crime 2. Phases of Execution
caused more harm than intended a. Subjective Phase – portion of the execution
c. Proximate Cause – the natural and of the crime where the result is still within the
continuous source unbroken by a sufficient perpetrators control
intervening cause b. Objective Phase – portion of the execution of
i. Death if Presumed as the the crime where the result can no longer be
consequence of a Proximate Cause changed, and the effect is:
when (examples) i. If Crime is produced: the
• Victim at the time of physical consummation of the felony
injuries was of good health ii. If Crime is not produced: the
• Death is expected from the frustration of the felony
acts committed 3. Attempted
• Death ensued within a. Elements
reasonable time from crime i. Offender commences the
committed commission of the felony directly by
ii. Death is not presumed as the overt acts (**Over acts a physical
consequence of the Proximal Cause activity or deed, indicating intention
• There is an active force to commit a crime – act must be
between crime and death of determinate where the
the victim obvious/logical outcome would be
• Resulting Injury is due to the crime contemplated)
intentional act of Victim ii. Does not perform all acts of
(suicide) execution which should produce the
2. Would be a crime if not for inherent impossibility of felony
accomplishment or on account of inadequate or iii. Act is not stopped by his own
ineffectual means spontaneous desistance
a. Legal Impossibility – is not contemplated by iv. The non-performance of all acts of
law (killing the dead, stealing what is stolen) execution was due to a cause other
b. Factual Impossibility – cannot be than own spontaneous desistance
accomplished Physically 4. Frustrated
c. Inadequate Means – using means that is not a. Elements
enough to effect the intended results (e.g. i. Offender Performs all acts of
using rat poison, but only in small quantity) execution
d. Ineffectual Means – using means that would ii. All the acts performed would produce
not effect the intended result (e.g. salt as felony as consequence
poison) iii. Felony is not produced
iv. Reason is independent from will of
Perpetrator
b. Frustrated v Impossible
i. F is possible of accomplishment, I is
not
ii. F is not completed because of a
cause independent from Perpetrator,
I is not completed because of
impossibility or inadequacy of
completion by Perpetrator or
otherwise
5. Consummated V. Art. 5 and Art. 10
a. Elements
i. All the acts of execution are present 1. Article 5 – When action is required from legislation
ii. The Result is achieved a. Requisites – Not punishable but should be
6. Notes: Consider following to determine stage of punished by law
Felony i. Act committed not punishable by law
a. Nature of Offense – is partial ii. Court deems proper to repress act
accomplishment possible? iii. Court must render decision by
b. Elements constituting the Felony – presence dismissing case
or absence of an element iv. Judge must report this to Chief
c. Manner of Committing crime Executive, through the Secretary of
i. Formal Crime – committed by single Justice, stating reasons why it should
Act (e.g. Slander, Adultery) be made subject of penal legislation
ii. Consummated by Attempt (e.g. b. Requisites – excessive penalty
treason, rebellion) i. The court after trial finds accused
d. Felonies by Omission – is the non-action guilty
sufficient to cause the felony? ii. Penalty by law appears excessive
e. Crimes Committed by Mere Agreement – is because: 1) Accused acted with
participation necessary or is knowledge lesser degree of malic; or b) there is
sufficient to produce felony? no injury or injury cause is of lesser
f. Material Crimes – has three stages gravity
i. Exception: iii. Court will not suspend execution of
1. Rape – consummated upon Sentence
penetration (partial or full) iv. Judge will submit statement to Chief
2. Robery – can never be Executive, through secretary of
frustrated (property is taken Justice, recommending clemency
or not) (People v Dio) ***Clemency – leniency (usually in
3. Theft – intent to gain, without the form of a partial pardon)
which there is no theft done 2. Article 10 – Offenses not punishable by RPC will not
g. For Felonies against Life: Homicide, be subject to the provisions of RPC but the code will
Parricide, Murder be supplementary to such laws unless the latter
i. Mortal Wound would be the proximal should provide contrary
cause of death a. Special Laws – any penal laws other than the
ii. Attempt & Frustrated is differentiated RPC
by the nature of the wound caused b. Stages of Crime under Penal Law – generally
by the blow/strike done for the attempted and frustrated not punishable,
intended purpose unless otherwise stated)
c. Supplementary – will provide aid where
IV. Conspiracy and Proposal special law does not specify
d. Examples of Supplementary Provisions of the
1. General Rule – not punishable / will not incur criminal RPC to the Special Penal Laws
liability (Exception: When Law Specifically penalizes i. Subsidiary Penalty – subsidiary
the same) imprisonment in case of insolvency
2. Conspiracy ii. Civil Liability – criminal liability comes
a. Requisites with civil liability
i. Two or more Persons came to iii. Service of Sentence – Art. 70,
Agreement successive service of sentence may
ii. Agreement Concerns the be done simultaneously
commission of a felony iv. Definition of Principal, Accomplices
iii. Execution of the Felony be decided and Accessories
upon v. Conspiracy / Proposal – how it is
3. Proposal defined by RPC is what is
a. That a person has decided to commit felony contemplated in Special Laws
b. He proposes its execution to other person or
persons
VI. Justifying Circumstances VII. Exempting Circumstances

1. Principle: There is no crime, there is no criminal 1. Principle: There is a crime, but there is no Criminal
2. Self-Defense (Par 1-3) 2. Imbecility/Insanity (Par 1)
a. Applicability a. Imbecility – Autism, Down Syndrome, Mental
i. Self Retardation that must be proven my medical
ii. Relatives professionals
iii. Stranger b. Insanity – complete deprivation of intelligence
b. Requisites or freedom of the will: Proof required is that
i. Unlawful Aggression – that there is insanity should be present before, during and
real/imminent threat to life, liberty or after the crime evidenced by Analysis of
property (may also refer to rights, or Psychological Professional
in the case of Rape, Slander or Libel c. Note: Alcoholism and Substance abuse is not
– honor) a state of Insanity
ii. Reasonable Necessity – rational 3. Minority (Par 2-3)
equivalence: a) absence of a. Before Child-in-Conflict-of-Law (RA 9344)
alternative means to employ; b) i. Minors from 9-12
considers the circumstances case to ii. Minors from 9-15 unless if minor
case acted with discernment
iii. Absence of Provocation – for b. After RA 9344
defense of self i. Minors from 12-15
iv. Absence of Provocation / or if there ii. Minors 15-18 unless minor acted with
is Provocation that the Person acting discernment
in defense of a relative took no part c. Consideration to Establish Discernment
therein i. Degree of Intelligence
v. Absence of a Induction of Defense ii. Behavior
by revenge, resentment or other evil ***Can reference academic capability
motive and situational circumstance
3. To avoid an evil or injury (par 4) 4. Accident without Fault (Par 4)
a. Requisites a. Requisites
i. Evil sought to be avoided actually i. Performing Lawful Act
exists ii. Act is performed with Due Care
ii. Injury feared greater than that done iii. Causes injury to another by Accident
to avoid it iv. No Fault or intention of causing
iii. No Other Practical and Less harmful Consequence
means of Preventing it 5. Compulsion of Irresistible Force (Par 5) – Physical
4. Fulfillment of Duty or in Lawful Exercise of Right or Force
Office (Par 5) a. Requisites
a. Requisites i. Compulsion – Physical Force
i. In Performance of Duty ii. Irresistible
ii. Effects are necessary consequence iii. Compulsion Comes from Third
of the Fulfillment of Duty Person
5. Obedience to Superior Order (Par 6) 6. Impulse of an uncontrollable fear (Par 6) –
a. Requisites Psychological Threat
i. Order has been issued a. Requisites
ii. Order is for Lawful Purpose i. Threat or Evil is greater or Equal to
iii. Means of following order is lawful what is to be committed
6. Battered Women Syndrome (RA 9262) ii. Evil is with such gravitty and
a. People v Genosa imminence that will succumb an
b. A Condition where a battered wife feels ordinary man
threatened by husband causing harm 7. Fails to perform an act required by law
c. Special Law exempts justifies crime done a. Requisites
due to the condition brought about by the i. Act is required by law
beating of the husband ii. Person fails to do act
iii. Failure to perform is based on lawful
or insuperable cause