CRIMREV August 19, 2019

Revised Penal Code

Article 5
- People v. Echegaray

R.A. 10951
- Are the fines excessive?
o In 1932 when it was passed, Php 1 = $ 1.
o I cannot find justification in the law itself (even in the deliberations), for the
increase in the penalty to 40,000 for light penalties.
Article 6 (Stages of the Commission of the Crime)
- Attempted
- Frustrated
- Consummated
In relation to the states of the commission of the crime, there are certain crimes which
have no stage except consummated.
- There are others with only two stages of commission.
- There are ones with only frustrated and consummated.
In crimes against persons, example homicide,
- What are the elements to consider to determine what stage of execution?
o People v. Kalalo (page 109 of Reyes)
o People v. Borinaga
- Followed in our jurisdiction: Intent to kill, then attempted homicide
o People v. Villanueva (theft)
 There is consummated theft when the offender has taken physical
possession of the property he has intention to take/gain; whether
he has the opportunity to dispose that property is not considered;
physical possession means consummated na ang crime
 Expected to be asked in the bar for the past 5 years;
 Why? Because some are of the impression that there is still
frustrated theft.
Always consummated: Formal crimes
1. Slander by deed – sometimes need not have any contact to the victim.
o What if a man, angry at another, but he mouthed some… but no words
came from his mouth.
o There must be words that came out of his mouth, heard by third persons,
caused damage to the victim.
- “Dirty finger sign” – slight slander by deed in a case rendered by the SC

Rape
- People v. Erina (frustrated rape; but was already abandoned)
o A man sexually assaulted a child who was less than 1 year old
- People v. Campuhan
o Justice Bellosillo
No frustrated stage:
1. Can there be frustrated adultery? Only attempted and consummated
- Slander – no attempted stage
o Intent to defame, dishonor, etc
2. Special laws which do not provide
3. Impossible crimes
4. Crimes committed by… ??
5. Crimes by omission
a. Abandonment of persons in danger
b. Illegal exaction
c. Misprision of treason
d. Failure to file income tax
e. PO failure to file Statement of Assets, Liabilities and Net Worth
(SALN)

Crimes
- When does a crime start?
o Internal stage
 There is a bill now pending which will punish marital infidelity. Can
you punish something that is only in the mind of a person without
external acts? Madaming makukulong niyan.
 You cannot punish what a person is thinking.

In some cases, special laws for provide for the stages of execution. However, what
does Article 7 provide?
Article 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.
Is this provision of the Revised Penal Code correct?
- This application is impossible.
- Light felonies – arresto menor; if frustrated, it is one degree lower – None.
If two degrees lower? None.
- This should be considered a dead law.

Article 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.
There is proposal when the person who has decided to commit a felony proposes
its execution to some other person or persons.

When is there a conspiracy? When is there proposal to commit a felony?

- According to law, what is the nature of conspiracy? Is it already a crime?
o GR: NO
o Exp: When the law provides
  Example: conspiracy to commit treason, rebellion, coup d’etat
and sedition
 No conspiracy to commit espionage
- Proposal to commit a felony:
o Treason, Coup d’etat, rebellion or insurrection
o Requisites:
- Conspiracy
o Concerted conspiracy – acted collectively without any agreement but
they demonstrated the existence of the common design or purpose
in the commission of the crime
 Example:
o Robbery of inhabited or uninhabited place?
o In the case of People v. Robles, 3 men who were drinking in a place
in tondo, agreed to rob a house where
- Other type of conspiracy
o Chain conspiracy – Estrada v. SB
o Wheel conspiracy – likened to a wheel of a car
o Ladder conspiracy