ACCA NOTES 

BASIC OUTLINE IN CRIMINAL LAW REVIEW

Judge Gregorio M. Velasquez

I. FUNDAMENTAL PRINCIPLES
A. Criminal Law; Definition & Scope
B. Constitutional Limitations on Penal Laws
1. Due Process Clause
2. Ex Post Facto Law
3. Cruel and UnusualPunishment
4. Others
C. Theories in Criminal Law
D. Characteristics of Criminal Law
1. Generality
2. Territoriality
3. Prospectivity
E. Sources of Penal Laws
1. Revised Penal Code (Act No. 3815)
2. Other Special Laws
II. CRIMES IN GENERAL
A. Definition
1. Acts and omissions punishable by law are felonies (delitos). Felonies are
committed not only by means of deceit (dolo) but also by means of fault
(culpa). There is deceit when the act is performed with deliberate intent;
and there is fault when the wrongful act results from imprudence,
negligence, lack of skill or lack of foresight
2. Crime
a) A generic term that embraces any violation of the RPC, special
penal laws or municipal or city ordinances.
3. Felonies (Mala in se)
a) An act or omission punishable by the RPC
4. Offense (Mala prohibita)
a) An act or omission by a special penal law
5. Infraction or Misdemeanor
a) An act or omission punishable by municipal or city ordinances.
B. Elements, Freedom, Intelligence and Intent or Negligence
1. Elements
a) Act or omission
(1) Act is any bodily movement tending to produce some effect
to the external world.
(2) Overt act is a 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

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termination following its natural course, without being

frustrated by external obstacles nor by the spontaneous
desistance of the perpetrator, will logically and necessarily
ripen into a concrete offense.
b) Punishable by RPC
(1) Nullum crimen, nulla poena sine lege.
c) Act or omission must be voluntary.
(1) There must be freedom
(a) Voluntariness on the part of the person to commit
the act or omission
(2) Intelligence
(a) The capacity to know and understand the
consequences of one’s act.
(3) Intent
(a) The purpose to use a particular means to effect
such a result.
(b) General Intent
(i) An intention to do wrong.
(ii) Presumed to exist from the mere doing of a
wrongful act.
(c) Specific Criminal Intent
(i) An intention to commit a definite act.
(ii) Not presumed because it is an ingredient or
element of a crime.
(d) Actus non facit reum nisi mens sit rea.
(e) Motive consists of the special or personal reasons
that may prompt or induce a person to perform an
act or commit a crime.
(i) Not an element of felony, but becomes
material when there is doubt as to the
identity of the prisoner.
(ii) Need not be proven by the prosecution.
2. Freedom
3. Intelligence
4. Intent or Negligence
a) Negligence
(1) Indicates a deficiency of perception.
(2) Failure to pay proper attention and to use diligence in
foreseeing the injury or damage impending to be caused
b) Imprudence
(1) Indicates a deficiency of action.
(2) Failure to take the necessary precautions to avoid injury to
person or damage to property.

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C. Intent and Overt Act

1. Honest Mistake of Facts
a) Is the misperception of fact on the part of a person who injures
another
b) Negates the presumption of malicious intent
c) Leads to the acquittal of an accused, provided that the act
committed is also accompanied with the absolute absence of
negligence or bad faith.
(1) Elements
(a) Act done would have been lawful had the facts
been as the accused believed them to be.
(b) Intention was lawful.
(c) There was no fault or negligence
2. Aberratio Ictus (Mistake in the blow)
a) Article 48 on Complex Crimes - penalty for graver offense in its
maximum period
3. Error in Personae (Mistake in the identity of the victim)
a) Article 49 - penalty for lesser crime in its maximum period.
4. Praeter Intentionem (Lack of intent to commit so grave a wrong as that
committed)
a) Effect of Intervening Disease
(1) If ID is associated with the wound inflicted by the accused
ipon the deceased, then the accused shall be held liable
for the resulting death.
5. *numbers 2-4 are Principles that does not negate criminal liability
D. How is Criminal Liability Incurred?
1. By Committing a Felony
a) Elements
(1) Must be committing an act or omission punishable by the
RPC
(2) Felony must be intentional
(3) Felony committed must be the proximate cause of the
resulting injury.
(a) Proximate cause is the cause which in the ordinary
and continuous sequence of events, unbroken by
any efficient intervening cause, produces the injury
and without which the injury would not have
occurred.
(b) El que es causa de la causa es causa del mal
causado.
2. By Committing an Impossible Crime
a) A crime which would have constituted an offense against persons
or property, were it not for the inherent impossibility of its

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accomplishment or on account of the employment of inadequate

or ineffectual means.
(1) Elements
(a) Act would have constituted an offense against
persons or property
(b) Act was done with evil intent
(c) That its accomplishment was inherently impossible
or that means employed was inadequate or
ineffectual
(d) Act performed should not constitute a violation of
the RPC.
(2) Penalty
(a) Arresto mayor or;
(b) Fie from 200 to 500 pesos
(c) Punished for his criminal tendency or propensity
(i) Objectively no crime but subjectively the
accused is criminal.
(3) Impossibility of Accomplishment
(a) Inherent nature of act or;
(i) Physical or Factual Impossibility
(a) Occurs when extraneous
circumstances unknown to the act or
beyond his control prevent the
consummation of the intended
crime.
(ii) Legal Impossibility
(a) Occurs when the intended acts,
even if completed would not amount
to a crime.
(b) Employment of inadequate or ineffectual means.
III. EXECUTION OF A FELONY
A. Crimes
1. Formal Crimes or Crimes of Effect
a) These felonies which by a single act of the accused consummates
the offense as a matter of law.
(1) I.e. physical injuries, acts of lasciviousness, coercion,
slander, illegal exaction
2. Material Crimes
a) These are crimes which involve the three stages of execution.
B. Stages of Execution
1. Does not apply to crimes under special laws unless otherwise provided,
crimes by omission and formal crimes.
2. Consummated

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a) When all the elements necessary for its execution and

accomplishment are present.
3. Frustrated
a) 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.
4. Attempted
a) 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.
C. Phases
1. Indeterminate State
a) Phase where the purpose of the overt acts committed by the
accused is uncertain of indefinite.
(1) These acts may or may not be intended for criminal
purpose.
(a) Purpose is susceptible of having two or more
interpretations.
(i) Interpretation favorable to the accused is to
be adapted.
2. Subjective Phase
a) Phase starting from the first act committed by the offender to
begin the commission of the crime up to the last which he still has
control.
b) If act is in subjective phase = felony is in the attempted stage
(1) Desistance at attempted stage = exempts offender from
criminal liability
c) Passed subjective phase = frustrated or consummated
D. Conspiracy
1. Conspiracy
a) Exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
b) General Rule
(1) Not punishable
c) Elements
(1) Agreement concerning the commission of a felony
(2) Decision to commit a felony
(3) Overt acts
(a) Though different, separate and independent of
each other,

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(b) Indicate closeness, coordination or personal

association,
(c) As to show concerted action, common criminal
design, community of criminal purpose or joint
criminal objective
d) Effects on Criminal Liability of the accused
(1) All accused should be equally criminally liable.
(a) Act of one is the act of all.
e) Kinds of Conspiracy
(1) Expressed
(a) There is a formal planning.
(2) Implied
(a) Conspiracy may be implied from the acts
committed or from the words, remarks or language
by the accused before, during or after the
commission of the crime.
f) Degree of Proof
(1) Proof beyond reasonable doubt
g) Punishable when the RPC/law provides a punishment
(1) Mere conspiracy is punishable under RPC
(a) Conspiracy to commit treason
(b) Conspiracy to commit rebellion
(c) Conspiracy to commit sedition
(d) Conspiracy to commit coup d’etat
(e) Combinations and monopolies in restraint of trade
(2) Instances when conspiracy to commit a crime is
punishable under SPL
(a) Different forms of conspiracy punishable under
Comprehensive Dangerous Drugs Act
(b) Conspiracy to commit terrorism
(c) Conspiracy to commit arson
2. Proposal to commit a felony
a) When the person who has decided to commit a felony proposes its
execution to some other person or persons.
b) Instances of proposal to commit a felony which are already
punishable
(1) Proposal to commit treason
(2) Proposal to commit rebellion
(3) Proposal to commit coup d’etat
IV. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
A. Justifying Circumstances
1. Self Defense
2. Others

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B. Exempting Circumstances
1. There is no criminal liability but there is civil liability except for par. 4.
a) Par. 4 - no criminal and civil liability
2. There is a crime but no criminal
3. The elements of voluntariness which are lacking are intelligence and
freedom.
4. The accused has the burden of proving by clear and convincing evidence
the exempting circumstances that he is invoking in his defense.
5. Par. 1
a) Insanity
(1) A manifestation in language or conduct, of disease or
defect of the brain, or a more or less permanently diseases
or disordered condition of the mentality, functional or
organic, and characterized by perversion, inhibition, or
disordered function of the sensory or of the intellective
faculties, or by impaired or disordered volition.
(2) No clear understanding of the nature and consequences of
his act.
b) Imbecility
(1) Analogous to childishness and dotage.
(2) One who must be deprived completely of reason or
discernment and freedom of will at the time of committing
the crime.
(3) Comparable to that of children between 2-7 years of age.
c)
Insanity Imbecility

Temporary ailment Permanent ailment

Not continuous Continuous

Exempts the accused from Exempts at all times

criminal liability UNLESS she
commits a crime during lucid
interval
d) Presumption of sanity
e) Circumstantial evidence is sufficient to overthrow the presumption
of sanity.
f) Examples are Exempting:
(1) A fit of epilepsy
(2) Somnambulism or sleepwalking
(3) Committing a crime while in a dream
(4) Temporary insanity due to malignant malaria

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(5) Schizophrenia
(6) Dementia praecox
g) Examples held NOT to be exempting
(1) Mere weakness of mind or mental faculties
(2) Feeblemindedness
(3) Insanity brought by intoxication
(4) Amnesia
(5) Eccentricity or abnormality in behavior
C. Mitigating Circumstances
D. Aggravating Circumstances
E. Alternative Circumstances
V. PERSONS CRIMINALLY LIABLE
A. Principals
B. Accomplices
C. Accessories
VI. PENALTIES
A. Definition: What are not considered penalties (Art. 24)
B. Classification of Penalties: Principal or Accessory
1. Capital
2. Afflictive
3. Correctional
4. Light
C. Subsidiary Penalty
D. When Accessory Penalties Inherent? (Art. 40-45)
E. Application of Penalties
1. Indeterminate Sentences Law
F. Extinction of Criminal Liability
G. Civil Liability in Criminal Cases
VII. CRIMES UNDER TITLE ONE, TWO 7 THREE OF BOOK TWO
VIII. CRIMES UNDER TITLE FOUR, FIVE & SIX OF BOOK TWO
IX. REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
X. CRIMES UNDER TITLE SEVEN OF BOOK TWO INCLUDING ANTI-GRAFT &
CORRUPT PRACTICES ACT & ANTI-PLUNDER LAW
XI. CRIMES UNDER TITLES EIGHT, NINE & TEN OF BOOK TWO
XII. CRIMES UNDER TITLE ELEVEN OF BOOK TWO
A. R.A. No. 7610
B. R.A. No. 9208
C. R.A. No. 9262
XIII. CRIMES UNDER TITLE TWELVE, THIRTEEN & FOURTEEN OF BOOK TWO
XIV. OTHER SPECIAL LAWS
A. Cybercrime Law
B. Anti-Human Trafficking
C. Anti-Photo and Video Voyeurism

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D. Anti-Money Laundering Act