LAST MINUTE LECTURE NOTES IN CRIMINAL LAW

Utilitarian Theory

Protective Theory in criminal law; the primary purpose of punishment in criminal law is the
protection of society from actual and potential wrongdoers. The courts, therefore, in exacting
retribution for the wronged society, should direct the punishment to potential or actual
wrongdoers.
Magno vs. Court of Appeals, G.R. No. G.R. No. 96132, June 26, 1992
Vergara vs. People of the Philippines, G.R. No. 160328, February 04, 2005

Felony vs. Offense

Felonies are acts and omissions punishable by law. They are committed not only by means of
deceit but also by means of fault. While an offense is an act punishable under special laws.

Implied Conspiracy

An implied conspiracy is one which is only inferred or deduced from the manner the participants
in the commission of the crime carried out its execution. Where the offenders acted in concert
in the commission of the crime, meaning their acts are coordinated or synchronized in a way
indicative that they are pursuing a common criminal objective, they shall be deemed to be acting
in conspiracy and their criminal liability shall be collective, not individual.

Legal Effects of Implied Conspiracy

1) Not all those who are present at the scene of the crime will be considered conspirators;
2) Only those who participated by criminal acts in the commission of the crime will be considered
as co-conspirators; and
3) Mere acquiescence to or approval of the commission of the crime, without any act of criminal
participation, shall not render one criminally liable as a co-conspirator

Art. 4., Par. 2 of the RPC – Impossible Crime

Criminal liability shall be incurred 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
an account of the employment of inadequate or ineffectual means.

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Requisites for Impossible Crime

The requisites of an impossible crime are: (1) that the act performed would be an offense against
persons or property; (2) that the act was done with evil intent; and (3) that its accomplishment
was inherently impossible, or the means employed was either inadequate or ineffectual.
Jacinto vs. People of the Philippines, G.R. No. 162540, July 13, 2009

Overt Acts

Overt or external act has been defined as some physical activity or deed, indicating the intention
to commit a particular crime, more than a mere planning or preparation, which if carried out to
its complete termination following its natural course, without being frustrated by external
obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen
into a concrete offense.
Rait vs. People of the Philippines, G.R. No. G.R. No. 180425, July 31, 2008

The “Wheel” and “Chain” Conspiracy

The presence of several accused in multiple conspiracies commonly involves two structures: (1)
the so-called wheel or circle conspiracy, in which there is a single person or group (the hub)
dealing individually with two or more other persons or groups (the spokes); and (2) the chain
conspiracy, usually involving the distribution of narcotics or other contraband, in which there is
successive communication and cooperation in much the same way as with legitimate business
operations between manufacturer and wholesaler, then wholesaler and retailer, and then
retailer and consumer.
Estrada vs. Sandiganbayan, G.R. No. 148965. February 26, 2002

Requisites of Accident to be an Exempting Circumstance

1) there was a performance a lawful act with due care,

2) the injury caused was by a mere accident, and
3) there was no fault or intention of causing the injury.
People of the Philippines vs. Genita, Jr., G.R. No. 126171, March 11, 2004

Entrapment vs. Instigation

1) Instigation is the means by which the accused is lured into the commission of the offense
charged in order to prosecute him. On the other hand, entrapment is the employment of such
ways and means for the purpose of trapping or capturing a lawbreaker.

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2) In instigation, officers of the law or their agents incite, induce, instigate or lure an accused
into committing an offense which he or she would otherwise not commit and has no intention of
committing. But in entrapment, the criminal intent or design to commit the offense charged
originates in the mind of the accused, and law enforcement officials merely facilitate the
apprehension of the criminal by employing ruses and schemes; thus, the accused cannot justify
his or her conduct.

3) In instigation, where law enforcers act as co-principals, the accused will have to be
acquitted. But entrapment cannot bar prosecution and conviction.

4) Instigation is a "trap for the unwary innocent," while entrapment is a "trap for the unwary
criminal."
People of the Philippines vs. Bartolome, G.R. No 191726, February 06, 2013

Aggravating Circumstances Under Special Laws and their Effects on the Liability of the Offender

1) Being under the influence of dangerous drugs (Sec. 26, RA 9165) – It shall be a qualifying
aggravating circumstance to the crime committed by the offender

2) The use of an unlicensed firearm in homicide or murder (PD NO. 1866 as amended by RA 8294)
shall be a special aggravating circumstance in such crime, which may not be offset by a mitigating
circumstance

3) That the crime is committed by any member of an organized crime of syndicated crime group,
which is defined as a group of two or more persons collaborating, confederating or mutually
helping one another for purposes of gain in the commission of any crime – shall cause the
imposition of the maximum penalty of whatever crime is committed

Recidivism vs. Quasi-Recidivism

In RECIDIVISM, the convictions of the offender are for crimes embraced in the same Title of the
Revised Penal Code.

This circumstance is generic aggravating and therefore can be offset by an ordinary mitigating
circumstance.

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In QUASI-RECIDIVISM, the convictions are not for crimes embraced in the same title of the
Revised Penal Code, provided that it is a felony that was committed by the offender before
serving sentence by final judgment for another crime or while serving sentence for another
crime.

This circumstance is a special aggravating circumstance which cannot be offset by any mitigating
circumstance.

Two Classes of Accessories Contemplated in Par. 3 of Art. 19 and their Requisites

1) Public officers who harbor, conceal, or assist in the escape of the principal of any crime (not
light felony) with abuse of public functions

Requisites:

a) The accessory is a public officer

b) He harbors, conceals, or assists in the escape of the principal
c) The public officer acts with abuse of his public functions
d) The crime committed by the principal is any crime, provided it is not a light felony

2) Private persons who harbor, conceal or assist in the escape of the author of the crime who
is guilty of treason, parricide, murder, or attempts against the life of the President, or who
is known to be habitually guilty of some other crime

Requisites:

a) The accessory is a private person

b) He harbors, conceals, or assists in the escape of the author of the crime
c) The crime committed by the principal is one of the following:

i. Treason
ii. Parricide
iii. Murder
iv. Attempt against the life of the President

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v. Principal is known to be habitually guilty of some other crime

Distinguish a composite crime from complex crime.

A composite crime is truly distinct and different from a complex or compound crime. In a
composite crime, the composition of the offenses is fixed by law, but in a complex or compound
crime, the combination of the offenses is not specified but generalized, that is, grave and/or less
grave, or one offense being the necessary means to commit the other. In a composite crime, the
penalty for the specified combination of crimes is specific, but in a complex or compound crime
the penalty is that corresponding to the most serious offense, to be imposed in the maximum
period. A light felony that accompanies the commission of a complex or compound crime may be
made the subject of a separate information, but a light felony that accompanies a composite
crime is absorbed.
People vs. Esugon, G.R. No. 195244, June 22, 2015

No Complex Crime in the Following Cases:

1) Continuous crimes
2) When the crime is an element of or absorbed by the other
3) Where one of the offenses is penalized by a special law
4) When the provision provides for a two tiered penalty
5) When one of the offenses is a light felony

Delito Continuado vs. Continuing Offense

"Delito continuado" or "Continuous crime" - This is a single crime consisting of a series of acts
arising from a single criminal resolution or intent not susceptible of division. In order that it may
exist, there should be "plurality of acts performed separately during a period of time; unity of
penal provision infringed upon or violated and unity of criminal intent and purpose, which
means that two or more violations of the same penal provision are united in one and the same
intent leading to the perpetration of the same criminal purpose or aim.

A continued (continuous or continuing) crime is defined as a single crime, consisting of a series

of acts but all arising from one criminal resolution. Although there is a series of acts, there is only
one crime committed; hence, only one penalty shall be imposed. The essential ingredients took
place in more than one municipality or city, so much so that the criminal prosecution may be
instituted and the case tried in the competent court of any one of such municipality or city.

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Civil Interdiction Covers the Following Acts:

1) Parental authority
2) Guardianship as to the person or property of a ward
3) Marital authority
4) Manage his property
5) To dispose of such property by any act or conveyance inter vivos

Absorption System

Lesser penalties are absorbed by greater penalties

Exceptions to the Application of the Indeterminate Sentence Law

The Indeterminate Sentence Law is mandatory in all cases, EXCEPT if the accused will fall in any
of the following exceptions:

1. If sentenced with a penalty of death or life imprisonment

2. If convicted of treason, conspiracy, proposal to commit treason
3. If convicted of misprision of treason, sedition, rebellion or espionage
4. If convicted of piracy
5. If the offender is a habitual delinquent
6. Those who escaped from prison or evaded sentence
7. Those who violated the terms of conditional pardon of the chief executive
8. Where the maximum term of imprisonment does not exceed 1 year
9. If convicted by final judgment at the time of the effectivity of Act No. 4103
10. If penalized with suspension or destierro

Computation of Prescription of Crimes

Commences to run from the day on which the crimes are discovered by the offended party, the
authorities, or their agents; Interrupted by filing of information or complaint

Computation of Prescription of Penalties

Commences to run from the date when the culprit evades the service of his sentence; Interrupted
if defendant gives himself up, captured, or goes to another country with which the Government
has no extradition treaty or should commit another crime before expiration

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For how long may a Convict be Placed on Probation

1) If the convict is sentenced to a term of imprisonment of NOT MORE THAN one year, the period
of probation shall not exceed 2 years

2) In all other cases, if he is sentenced to MORE THAN one year, said period shall not exceed 6
years

3) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment, the period shall be twice the total number of days of subsidiary imprisonment

Termination of Probation

The expiration of the probation period alone does not automatically terminate probation.
Nowhere is the ipso facto termination of probation found in the provisions of the probation law.
Probation is not coterminous with its period. There must first be issued by the court of an order
of final discharge based on the report and recommendation of the probation officer. Only from
such issuance can the case of the probationer be deemed terminated.
Bala vs, Judge Martinez, G.R. No. L-67301, January 29, 1990

Piracy under Article 122 vs. Piracy under PD 532

Piracy under Article 122 Piracy under PD 532

Scope Punishes piracy committed Punishes Piracy Committed in

either in Philippines waters or Philippine waters only
on the high seas

Offenders Non-Passengers or non- Any person (may be

members of the crew passenger, crew, or member)

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Periods of Delay in the Delivery of Persons

Periods Penalties

12 hrs. Light penalties or their equivalent

18 hrs. Correctional penalties

36 hrs. Afflictive penalties or their equivalent

Violation of Domicile vs. Trespass to Dwelling

1) Offender - The offender in violation of domicile is a public officer acting under color of
authority; in trespass to dwelling, the offender is a private person or public officer acting in a
private capacity.

2) Ways of Commission -

a) Violation of domicile is committed in 3 different ways: (1) by entering the dwelling of

another against the will of the latter; (2) searching papers and other effects inside the
dwelling without the previous consent of the owner; or (3) refusing to leave the premises
which he entered surreptitiously, after being required to leave the premises.

b) Trespass to dwelling is committed only in one way; that is, by entering the dwelling of
another against the express or implied will of the latter.

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Direct Assault

Direct assault cannot be committed in times of Rebellion or Sedition because Article 148 requires
that the assault be without public uprising.
Person in Authority vs. Agent of Person in Authority

Definition Force Intimidation/

Employed Resistance

Person in Any person directly vested with Need not be Serious

Authority jurisdiction, whether as an individual or as Serious
a member of some court or governmental
corporation, board, or commission. A
barangay captain or chairman shall also be
deemed a person in authority

Agent of A person who, by direct provision of law or Must be of Serious

Person in by election or by appointment by serious
Authority competent authority, is charged with the character
maintenance of public order and the
protection and security of life and
property, such as barrio councilman, barrio
policeman and barangay leader, and any
person who comes to the aid of persons in
authority

Five Kinds of Falsification

1) Falsification of Legislative Documents

2) Falsification of a document by a public officer, employee, or notary public
3) Falsification of public, official or commercial documents by a private individual
4) Falsification of a private document by a private person
5) Falsification of wireless, telegraph, and telephone messages

Usurpation of Public Functions - Two Acts Punished

1. Usurpation of authority;

Elements:

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a. Offender knowingly and falsely represents himself;

b. As an officer, agent or representative of any department or agency of the Philippine
government or of any foreign government.

2. Usurpation of official functions.

Elements:

a. Offender performs any act;

b. Pertaining to any person in authority or public officer of the Philippine government or any
foreign government, or any agency thereof;
c. Under pretense of official position;
d. Without being lawfully entitled to do so.

Elements of Perjury

1) That the accused made a statement under oath or executed an affidavit upon
a material matter.

2) That the statement or affidavit was made before a competent officer, authorized to
receive and administer oath.

3) That in the statement or affidavit, the accused made a willful and deliberate assertion
of a falsehood.

4) That the sworn statement or affidavit containing the falsity is required by law or
made for a legal purpose.
Union Bank of the Philippines vs. People of the Philippines, G.R. No. 192565, February 28, 2012

Who is an Accountable Officer in Malversation

An accountable officer under Art. 217 of the Revised Penal Code is a public officer who, in the
discharge of his office, receives money or property of the government which he is bound to later
account for. It is the nature of the duties of, not the nomenclature used for, or the relative
significance of the title to, the position which controls in that determination.
Tanggote vs. Sandiganbayan, G.R. No. G.R. No. 103584 September 2, 1994

Technical Malversation

The essential elements of this crime, more commonly known as technical malversation, are: (a)
the offender is an accountable public officer; (b) he applies public funds or property under his
administration to some public use; and (c) the public use for which the public funds or property

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were applied is different from the purpose for which they were originally appropriated by law
ordinance.

The disbursement of public funds for public use is not per se an unlawful act. The gravamen of
this crime is the use or application of public funds or property for some other purpose than that
provided by law or ordinance.
Abdulla vs. People of the Philippines, G.R. NO. 150129, April 6, 2005

Violation of Section 3(b) of RA 3019 is neither identical nor necessarily inclusive of direct
bribery

While they have common elements, not all the essential elements of one offense are included
among or form part of those enumerated in the other. Whereas the mere request or demand of
a gift, present, share, percentage or benefit is enough to constitute a violation of Section 3(b) of
RA 3019, acceptance of a promise or offer or receipt of a gift or present is required in direct
bribery. Moreover, the ambit of Section 3(b) of RA 3019 is specific. It is limited only to contracts
or transactions involving monetary consideration where the public officer has the authority to
intervene under the law. Direct bribery, on the other hand, has a wider and more general scope:
(a) performance of an act constituting a crime; (b) execution of an unjust act which does not
constitute a crime and (c) agreeing to refrain or refraining from doing an act which is his official
duty to do.
Merencillo vs. People of the Philippines, G.R. Nos. 142369-70, April 13, 2007

Section 3(b) of the Anti-Graft Law - Demand is not Necessary

To convict the accused in a prosecution for the violation of Section 3(b) of the Anti-Graft Law,
mere receipt of a gift or any other benefit is enough, even without any express demand for it. The
duration of the possession is not controlling.
Pelegrino vs. People, G.R. No. 136266. August 13, 2001

Use of Unlicensed Firearms Effects

Crimes Effects of Use of Unlicensed Firearms

Homicide or Murder Special Aggravating Circumstance

Political crimes Absorbed

Used in other crime Not aggravating circumstance, not even

separate offense

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Use of Unlicensed Firearms Requisites to be considered as an Aggravating Circumstance in

Murder/Homicide

Murder or Homicide must be (1) consummated in order for the use of unlicensed firearm to be
appreciated as an aggravating circumstance; and (2) no other crime should have been
committed.

Two ways of Committing Grave Coercion

1) By preventing another, by means of violence, threats or intimidation, from doing

something not prohibited by law.
2) By compelling another, by means of violence, threats or intimidation, to do
something against his will, whether it be right or wrong.

Aggravating Circumstances applicable to Grave Coercion

1) Violation of the exercise of the right to suffrage

2) Compelling another to perform a religious act; or
3) Preventing another from exercising such right or from doing such act

Damage as an Element in the Crime of Estafa

It has long been the rule that actual damage is not necessary in estafa, as long as it is capable of
pecuniary estimation, hence mere temporary disturbance of property rights is equivalent to
damage. Even if the prejudice is temporary, that would suffice for the element of damage in
estafa.
Ilagan vs. Court of Appeals, G.R. No. 110617 December 29, 1994

Qualified Theft vs. Estafa

Both qualified theft and estafa may be committed by abuse of confidence. However, it will be
easier to determine whether the crime is qualified theft or estafa once it is settled if the
possession is merely material or juridical. If it is only material possession and there was
misappropriation, then the crime committed is qualified theft. If there was juridical possession
and it was misappropriated or converted, then the crime committed is estafa.

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Material and Juridical Possession, Employee vs. Agent

The appellate court correctly explained that conversion of personal property in the case of an
employee having material possession of the said property constitutes theft, whereas in the case
of an agent to whom both material and juridical possession have been transferred,
misappropriation of the same property constitutes estafa.

A sum of money received by an employee in behalf of an employer is considered to be only in

the material possession of the employee. The material possession of an employee is adjunct, by
reason of his employment, to a recognition of the juridical possession of the employer. So long
as the juridical possession of the thing appropriated did not pass to the employee-perpetrator,
the offense committed remains to be theft, qualified or otherwise.
Matrido vs. People, G.R. No. 179061, July 13, 2009

Arson in Connection with Murder/Homicide

If the objective of the offender is to kill and arson is resorted to as the means to accomplish the
crime, the offender can be charged with murder only. But if the objective is to kill—and in fact
the offender has already done so—and arson is resorted to as a means to cover up the killing,
the offender may be convicted of two separate crimes of either homicide or murder, and arson.
People vs. Cedenio, G.R. No. 93485 June 27, 1994

Special Complex Crimes punished under Article 294, Robbery with Violence Against or
Intimidation of persons

1) Robbery with Homicide

2) Robbery with Rape
3) Robbery with Intentional Mutilation
4) Robbery with Arson
5) Robbery with Serious Physical Injuries

Liability for Bigamy cannot be avoided even though the Second Marriage is subsequently
declared Void

A declaration of the nullity of the second marriage on the ground of psychological incapacity is
of absolutely no moment insofar as the State’s penal laws are concerned. Since a marriage
contracted during the subsistence of a valid marriage is automatically void, the nullity of this
second marriage is not per se an argument for the avoidance of criminal liability for bigamy.
Tenebro vs. Court of appeals, G.R. No. 150758, February 18, 2004

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Libel - Doctrine of Fair Comment

The doctrine of fair comment means that while in general every discreditable imputation publicly
made is deemed false, because every man is presumed innocent until his guilt is judicially proved,
and every false imputation is deemed malicious, nevertheless, when the discreditable imputation
is directed against a public person in his public capacity, it is not necessarily actionable. In order
that such discreditable imputation to a public official may be actionable, it must either be a false
allegation of fact or a comment based on a false supposition. If the comment is an expression of
opinion, based on established facts, then it is immaterial that the opinion happens to be
mistaken, as long as it might reasonably be inferred from the facts.
Borjal vs. Court of Appeals, G.R. No. 126466. January 14, 1999

Elements of Unintentional Abortion

1. That there is a pregnant woman.

2. That violence is used upon such pregnant woman without intending an abortion.

3. That the violence is intentionally exerted.

4. That as a result of the violence that fetus dies, either in the womb or after having been
expelled therefrom

Light threats in relation to Unintentional Abortion

If the pregnant woman had an abortion by reason of intimidation, the crime committed is not
unintentional abortion since there is no violence; the crime committed is light threats.

Internet Libel
Section 6 of R.A. 10175, otherwise known as the Cyber Crime Law states that all crimes defined
and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through
and with the use of information and communications technologies shall be covered by the
relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree
higher than that provided for by the Revised Penal Code, as amended, and special laws, as the
case may be.

Republic Act 8094- Anti-Hazing Law

Parents – liable as principals when they have actual knowledge of the hazing conducted in the
home of one of the officers or members of the fraternity but failed to prevent the same.

School Authorities and Faculty Members – shall be liable as accomplices when they consent or
have actual knowledge thereof, but failed to take any action to prevent the same from occurring.

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The presence or any person during the initiation rites/hazing is prima facie evidence of
participation therein as a principal unless he prevented the commission of the prohibited acts.

Definition of Terrorism under the Human Security Act

Commission of “any of the crimes of:

1) Under the Revised Penal Code.

a. Piracy in general and Mutiny in the High Seas or in the Philippine Waters
b. Rebellion
c. Coup d’etat
d. Murder
e. Kidnapping and Serious Illegal Detention

2) Under Special Laws

a. Arson under P.D. 1613
b. Violation of R.A. 6969 ( Toxic Substance ad Nuclear Waste Control)
c. R.A. 5207 ( Atomic Energy Regulatory and Liability Act of 1968)
d. Hijacking
e. Piracy in Phil. Waters and Highway Robbery
f. P.D. 1866 ( Possession and Manufacture of Firearms/explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful demand.

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