CRIMINAL LAW REVIEW | PROS.

CESAR MERIN| LAW 4-B, AY 19-20

1. What is criminal law?

A branch of municipal law which defines crimes, treats of their nature and provides for their punishment.

2. What are the characteristics of criminal law?

Generality: Criminal law is binding on all persons who live or sojourn in Philippine territory.

Territoriality: Territoriality means that the penal laws of the country have force and effect only within its territory.
Exception: 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:
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 preceding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any crimes against the national security and the law of nations, defined in Title One of Book Two of
this Code.

Prospectivity: Prospectivity means the law does not have any retroactive effect.
Exception: when new statute is favorable to the accused.

3. What are the limitations of the lawmaking body to enact penal legislation?
1. No ex post facto law or bill of attainder shall be enacted.
2. No person shall be held to answer for a criminal offense without due process of law.

4. Differentiate French Rule and English Rule.

French Rule: Such crimes are not triable in the courts of that country, unless their commission affects the peace and security
of the territory or the safety of the state is endangered.

English Rule (PH): Such crimes are triable in that country, unless they merely affect things within the vessel or they refer to
the internal management thereof.

5. What is Article 4 (RPC) all about?

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The time-respected doctrine “he who is the cause of the cause is the cause of the evil caused” is the rationale
in Article 4 of the RPC which provides that “criminal liability” shall be incurred by a person committing a
felony although the wrongful act done be different from that which he intended. (Campanilla citing Ppl vs Ulep)

Error in Personae: means mistake in identity. In error in personae, a person is criminally responsible for committing
an intentional felony although the actual victim is different from the intended victim due to mistake of identity.

Aberratio Ictus: means mistake of blow. In aberratio ictus, a person is criminally responsible for committing an
intentional felony although the actual victim is different from the intended victim due to the mistake of blow.

Praeter Intentionem: means unintentional. In praeter intentionem, a person shall incur criminal liability for
committing an intentional felony although its wrongful consequences is graver than that intended. (It is mitigating only
if there is a notable or notorious disparity between the means employed and the resulting felony.)

Par 2: By any person performing an act which would be an offense against persons or property, were it not for the
inherent impossibility of its accomplishment or on account of the employment of inadequate** or ineffectual*** means.

*Inherent impossibility, this means that under any and all circumstances, the crime could not have materialized.
If the crime could have materialized under a different set of facts, employing the same mean or the same act, it
is not an impossible crime; it would be an attempted felony.
A thought that B was just sleeping. B was already dead. A shot B. A is liable. If A knew that B is dead and
he still shot him, then A is not liable.

**Employment of inadequate means: A used poison to kill B. However, B survived because A used small
quantities of poison - frustrated murder.

***Ineffectual means: A aimed his gun at B. When he fired the gun, no bullet came out because the gun
was empty. A is liable.

6. What are the stages of execution of the crime?

Art. 6. Consummated, frustrated, and attempted felonies. - Consummated felonies, as well as those which are
frustrated and attempted, are punishable.

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A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated
when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless,
do not produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all
the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous
desistance.

Attempted Frustrated Consummated

 Overt acts of  All acts of execution  All the acts of
execution are started; are present; execution are present
 Not all acts of  Crime sought to be  The result sought is
execution are present; committed is not achieved
 Due to reasons other achieved;
than the spontaneous  Due to intervening
desistance of the causes independent of
perpetrator. the will of the
perpetrator;

7. What it is the penalty for consummated felony?

Maximum period as provided in the RPC.

8. What is conspiracy?
Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony
and decide to commit it.

9. How would you prove conspiracy?

Similar to physical act constituting the crime itself, the elements of conspiracy must be proven beyond
reasonable doubt. Settled is the rule to establish conspiracy, evidence of actual cooperation rather than mere
cognizance or approval of an illegal act is required.

10. What are the graduated penalties?

Death

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Reclusion perpetua
Reclusion temporal
Prision mayor
Prision correccional
Arresto mayor
Destierro
Arresto menor

11. Three basic principles imposing penalties.

a. Stages of committing the crime
b. Degree of participation
c. Presence of mitigating and aggravating circumstances

12. Distinguish accessory penalty from principal penalty.

Principal penalties are those expressly imposed by the court while Accessory penalties are those that are
deemed included in the principal penalties imposed.

13. Duration of penalties.

Penalty Duration
Reclusion perpetua 20 years and 1 day to 40 years
Reclusion temporal 12 years and 1 day to 20 years
Prision mayor 6 years and 1 day to 12 years
Prision correccional 6 months and 1 day to 6 years
Arresto mayor 1 month and 1 day to 6 months
Destierro 1 day to 30 days

14. What is civil interdiction?

Art. 34. Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or
guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of
the right to dispose of such property by any act or any conveyance inter vivos.

Civil Interdiction is an accessory penalty to the following principal penalties:

1. If death penalty is commuted to life imprisonment

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2. Reclusion perpetua
3. Reclusion temporal

15. When is an accessory penalized as a principal?

Knowingly concealing certain practices is ordinarily an act of the accessory, but in Art 142, such act is
punished as the act of the principal. (Reyes)

16. Deductions of Penalties in re RA 10592.

ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for preventive imprisonment
pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or
any other local jail shall entitle him to the following deductions from the period of his sentence:

1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior
during detention;

2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days for each
month of good behavior during detention;

3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-five
days for each month of good behavior during detention;

4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month
of good behavior during detention; and

5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers
one to four hereof, for each month of study, teaching or mentoring service time rendered.

ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall be granted to
any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned
in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe referred to in said article. A deduction of two-fifths of the period of
his sentence shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence
of a calamity or catastrophe enumerated in Article 158 of this Code.

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17. What is reparation?

Art. 106. Reparation. — How made. — The court shall determine the amount of damage, taking into consideration the price
of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly.

NOTE: HUMAN LIFE= 100K

18. What is restitution?

Art. 105. Restitution. — How made. — The restitution of the thing itself must be made whenever possible, with allowance for
any deterioration, or diminution of value as determined by the court.
The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful
means, saving to the latter his action against the proper person, who may be liable to him.
This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the
requirements which, by law, bar an action for its recovery.

19. What is indemnification?

Art. 107. Indemnification — What is included. — Indemnification for consequential damages shall include not only those
caused the injured party, but also those suffered by his family or by a third person by reason of the crime.

20. What is quasi-recidivism?

4 FORMS OF REPETITION
Recidivism Reiteracion or Multiple Quasi-Recidivism
Habituality recidivism or
Habitual
delinquency
generic generic extraordinary special aggravating
aggravating
1) Two convictions When a person within (1) At least three Any person who shall
are enough. a period of 10 years convictions are commit a felony after
(2) The crimes are not from the date of his required. having been
specified; it is enough release or last (2) The crimes are convicted by final
that they may be conviction of the limited and specified judgment, before
embraced under the crimes of serious or to: (a) serious beginning to serve
same title of the less serious physical physical injuries, (b) such sentence, or
Revised Penal Code. injuries, robbery, less serious physical while serving the
theft, estafa or injuries, (c) robbery, same, shall be

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(3) There is no time falsification is found (d) theft, (e) estafa or punished by the
limit between the first guilty of any of said swindling and (f) maximum period of
conviction and the crimes a third time or falsification. the penalty
subsequent oftener. prescribed by law for
conviction. (3) There is a time the new felony.
Recidivism is * Habitual limit of not more than
imprescriptible. delinquency, being a 10 years between * Quasi-recidivism is
special or specific every convictions a special aggravating
(4) It is a generic aggravating computed from the circumstance. This
aggravating circumstance must be first conviction or cannot be offset by
circumstance which alleged in the release from any mitigating
can be offset by an information. If it is punishment thereof circumstance and the
ordinary mitigating not alleged in the to conviction imposition of the
circumstance. If not information and in computed from the penalty in the
offset, it would only the course of the trial, second conviction or maximum period
increase the penalty the prosecution tried release therefrom to cannot be lowered by
prescribed by law for to prove that the the third conviction any ordinary
the crime committed offender is a habitual and so on . . . mitigating
to its maximum delinquent over the circumstance. When
period. objection of the (4) Habitual there is a privileged
accused, the court has delinquency is a mitigating
(5) The circumstance no jurisdiction to special aggravating circumstance, the
need not be alleged in consider the offender circumstance, hence penalty prescribed by
the information. a habitual delinquent. it cannot be offset by law for the crime
any mitigating committed shall be
circumstance. Aside lowered by 1 or 2
from the penalty degrees, as the case
prescribed by law for may be, but then it
the crime committed, shall be imposed in
an additional penalty the maximum period
shall be imposed if the offender is a
depending upon quasi-recidivist.
whether it is already
the third conviction,
the fourth, the fifth
and so on . . .

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(5) The circumstance

must be alleged in the
information;
otherwise the court
cannot acquire
jurisdiction to impose
additional penalty.

21. How is civil liability extinguished?

1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor and debtor
5. compensation
6. novation

22. How is criminal liability partially extinguished?

Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is serving his sentence.

23. When can a person be granted with parole?

REVISED RULES AND REGULATIONS OF THE BOARD OF PARDONS AND PAROLE:

Sec 1.l. “Parole” refers to the conditional release of an offender from a correctional institution after he has served the minimum
of his prison sentence;

SECTION 13. Review of Cases for Parole. — Unless otherwise disqualified under Section 15 of these Rules, a case for parole
of a prisoner shall be reviewed upon a showing that he is confined in prison or jail to serve an indeterminate sentence, the
maximum period of which exceeds one (1) year, pursuant to a final judgment of conviction and that he has served the minimum
period of said sentence.

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SECTION 14. Grant of Parole. — A prisoner may be granted parole whenever the Board finds that there is a reasonable
probability that if released, he will be law-abiding and that his release will not be incompatible with the interest and welfare of
society.

SECTION 15. Disqualification for Parole. — The following prisoners shall not be granted parole:
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d’état;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents i.e. those who, within a period of ten (10) years from the date of release from prison or
last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa and falsification, are found guilty
of any of said crimes a third time or oftener; f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the terms thereof;
h. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
i. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.

CONDITIONAL PARDON PAROLE

 Given after final judgement  Given after service of the minimum penalty
 Granted by Chief Executive  Given by the Bd of Pardons and Parole
 For violation, convict may not be prosecuted under  For violations, may be rearrested, convict serves
159 remaining sentence

24. What is probation?

Probation is a manner of disposing of an accused who have been convicted by a trial court by placing him under supervision
of a probation officer, under such terms and conditions that the court may fix. This may be availed of before the convict begins
serving sentence by final judgment and provided that he did not appeal anymore from conviction.

25. Who can avail of probation?

Without regard to the nature of the crime, only those whose penalty does not exceed six years of imprisonment are those
qualified for probation. If the penalty is six years plus one day, he is no longer qualified for probation. Persons who have been
granted of the benefit of probation cannot avail thereof for the second time. Probation is only available once and this may be

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availed only where the convict starts serving sentence and provided he has not perfected an appeal. If the convict perfected an
appeal, he forfeits his right to apply for probation.

26. Discuss the age bracket of liability.

Below 15 years old: no criminal liability
16 and 17 years old: no criminal liability unless acted with discernment; intervention and diversion under JJWA
18 years old and below 70: criminally liable
70 years old and above: mitigated criminal liability on the ground of senility

27. Explain the concept and elements of incomplete self-defense.

In order that incomplete self-defense may be successfully appreciated as a mitigating circumstance, it is necessary that a
majority of the requirements of self-defense be present, particularly the requisite of unlawful aggression on the part of the
victim. Unlawful aggression by itself or in combination with either of the other two requisite suffices to establish incomplete
self-defense. Absent the unlawful aggression, there can never be self-defense, complete or incomplete, because if there is
nothing to prevent or repel, the other two requisites of defense will have no basis. (Ppl vs CA and Tangan)

28. What are the exempting circumstance? (Last question as at July 29, 2019)
Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his
confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave
without first obtaining the permission of the same court.
2. A person under 15 years of age.
3. A person 16 and 17 years of age, unless he has acted with discernment, in which case, such minor shall undergo intervention
and diversion as provided in the Juvenile Justice and Welfare Act.
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the
preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and
education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of
causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.

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