Criminal Law is that branch of law which defines crimes, treat of their nature

and provided for their punishment.

What are the sources of criminal law?

1. The revised penal code of the Philippines

2. Special penal laws enacted by the Philippine legislature crime is an act or

omission punishable by law. There is no crime when there is no law
publishing the act or omission.

The two kinds of crimes

1. Felony - when the law punishing the act or invasion is the revised penal
code of the Philippines. This is crimes such as Abortion, homicide, murder,
Theft, simulation of birth

2. Offense - when the act or omission is punishable by special penal started or

any other law but not revised penal code. These are crimes committee in
violation of essential degrees, republic acts and executive order, but which are
not laws that amen any Provisional designation of the revised penal code.

FELONY

Classification of felony according to penalty

1. Grave felony-when the penalty is death or a penalty which in any of its

period is afflictive.

2. Less grave felony - when the maximum period of the penalty is correctional.

3. Light felony - when the penalty is aresto menor or a fine not exceesing
200.00 penis or both.

Elements of FELONY

1. There must be an act or omission

2. That the act or invasion must be punishable by the revised penal code

3. That the act is performed, or the omission is included by means of DOLO

meaning (criminal intent) or culpa (meaning fault)
ACT means any nodoka movement which tends to produce some effect in the
external world.

Example of act:

The act of taking Waller of unconscious patient with an intent to gain

constitutes the crime of Theft. The act of administering fatal dosage of
sedatives to a patient with an intent to kill that patient constitutes the crime of
murder.

OMISSION - refer to inaction or the failure to perform an act required by law to

be done.

Example; failure to render assistance to any person whom a midwifery Fines in

uninhabited place wounded and in Sanger of dying constitutes the crime of
abandonment of persons in danger.

DOLO means malice, criminal intent or the intent to do an evil to another, his
property or his right, a crime committed by means of DOLO or with Malice is
known as intentional felony.

Requisites of DOLO

1. Freedom -which Means the crime was committed freely

2. Intelligence -the person must what he is doing or what he is omitting to do.

3. Intent - the person must have a criminal intent to do an evil or cause injury
to another.

LEGAL MAXIMS

"Actus non facit reum nisi mens sit rea " meaning the act itself does not make
a man guilty unless his intention were so.

"Actus me invito factus non est meus actus" meaning an act done by me
against my will is not my act.

CULPA means fault. When the offender commits a wrongful act Resulting from
imprudence, negligence, lack of skill, the act is called culpable felony.

The difference between the intentional felony and culpable felony is that in
intentional felony there is a criminal intent while in culpable felony there is no
malice or criminal intent.
PERSONS criminally LIABLE

PRINCIPAL- are persons who took part in the crime by:

1. Direct participation or taking a direct part in the execution of the felony

2. Induction or directly forcing or inducing others to commit of the crime

3. Indispensable cooperation or by cooperating in a commission of the felony by

another act without which the crime would not have been accomplished.

ACCOMPLICE are persons who are not principal but cooperates in the
execution of the felony by previous or simultaneous acts. Also called accessory
before the fact.

ACCESSORY are persons who having knowledge of the commission of the

crime, and without having participated therein, either as principals or
accomplices, take part after the crime was committed in any of following
manners:

A. By production themselves or assisting offender to profit by the effects of the

crime

B. By concealing and destroying the body of the crime or the effects or

instrument

C. By harboring, concealing or assisting in the escape of the principal of the

crime, provided the accessory acts with abuse of his public function or
whatever the author of the crime is guilty of reason, parricide, murder or an
attempt to take the life of the chief executive or known as to be habitually
guilty to some other crime.

Conspiracy to commit a crime

Conspiracy exist when two or more come to an agreement concerning the

commission of felony and decide to do it.

Example: the midwifery and the daughter of a terminally ill patient agree to
give the patient a fatal dose of sedative in order to end the patient's suffering.
Thirty minutes after administration of the drugs, the patient died.

We have a classification of felony according to stage of execution.

CLASSIFICATION OF FELONY
  Attempted felony - there is an attempt to commit a felony when the
offender:

1. Commence the commission of the felony by direct overt acts.

2. The person does not perform all the acts of execution which should produce
the felony.

 FRUSTRATED Felony - the offender performs all the acts of Executioner

which would produce the felony, but the felony is not produced by
reason or causes independent of the will of the perpetrator.

 CONSUMMATED Felony -when all the elements necessary for the

execution and accomplishment of the felony are present.

Circumstances affecting criminal Liability

Justifying circumstances are those where the act of person is said to be in

accordance with law, so that such person is deemed not to have transgressed
the law and is free from both criminal and civil liability.

Example:

A. Anyone who acts in defense of his person or rights provided that the
following circumstances concur (also called self-defense)

B. Anyone who acts in defense of the persons of his right of his spouse,
ascendant, descendant or legitimate, natural or adopted brothers

C. Any person who acts in obedience to order issued by superior for some
lawful purpose

D. Anyone who acts in defense of the rights or persons strangers.

Exempting circumstances are those grounds for exemption from punishment

because of the complete absence of an intelligence or freedom of action or
intent does not act with malice. The following example are:

A. An imbecile or an insane, unless the latter has acted during a lucid interval

B. A persons nine years of age or less

C. A person over nine years of age and under fifteen unless he has acted with
discernment
D. Any person while performing a lawful act with due care, causes an injury
by mere accident without fault

E. Intention of causing it

F. Any person who acts under the impulse of an uncontrollable fear of an

equal or greater injury

G. Any person who fails to perform an act required by law, when prevented by
some lawful or insuperable cause.

Mitigating circumstances

Are those which, if present in the commission of a crime, does not free the
offender from criminal liability but serve only to reduce the penalty for the
crime committed

A. The offense is under 18yrs of age or over 70yrs

B. That the offense had no intention to commit so grave a wrong as the

committed

C. That enough provocation or threat on the part of the offense party

immediately preceded the act.

D. That the act was committed in the Immediate vindication of a grave offense
to the one committing the felony (delito) .his spouse, spouse, ascendants,
descendant, legitimate, natural or adopted brothers or sisters, or relatives by
affinity within the same degrees

E. That of having acted upon an impulse so powerful as naturally to have

produced passion

F. The offender had voluntarily surrendered himself to person in authority or

his agents that he has voluntarily confessed his guilt

G. The offense is deaf and dump, blind or otherwise suffering some physical
detect which this restricted his means of action, defense, communication with
his fellow beings

H. Such illness of the offense without however depriving him consciousness of

his acts.

Aggravating circumstances
Are those which if attendant to the commission of the crime serve to increase
the liability of the offender

A. That advantage be taken by the offense of the public position

B. The crime was committee in contempt or insular to the public authorities

C. That the crime be committed in the palace of the chief executive

D. That the act be committed with abuse of confidence or obvious

ungratefulness.

E. That the crime be committed in the nighttime or uninhabited place or by a

band, whether dedicated to religious worship.

F. The crime be committed in the occasion of conflagration, shipwreck,

earthquake, epidemic, or other calamity or misfortune

G. The crime be committed in consideration of price, reward or promise

H. The crime be committed with the aid of armed men or persons who insure
or afford immunity.

I. The crime committed by means of inundation, fire explosion, stranding of a

Besser or intentional damage therefore, derailment of a locomotive, or by the
use of any other artifice involving great waste and ruin

J. The crime be committed with evidence premeditation

K. That craft, druid or disguise be employed or the crime committed with

treachery.

Alternative circumstances

Are those which must be taken into consideration as aggravating or mitigating

according to the nature of the crime and the other crime and the other
condition attending its commission

1. Relationship - when the offense party is the spouse, descendant,

ascendant, natural or adopted brother, sister or relative by infinity image same
degree of the offender

A. Relationships is mitigating on the crime of Robert, usurpation, fraudulent

insolvency and arson
B. Relationship is aggravating in crimes against person where the offense
party is relative of a higher degree or when the offense and offense party are of
the same levels.

C. Relationships is mitigating in rebosado to dwelling

D. Relationships is aggravating in crimes against chastity murder, homicide

and any of the serious physical injuries.

2. Intoxication

A. It is mitigating when intoxication is not habitual and not subsequent to

plan to commit a felony

B. It is aggravating when intoxication is habitual, or it is intentional

3. Degree of instructions and education of the offender

A. Low degree of instructions or lack of it is generally mitigating

B. High degree of instruction and education is aggravating when the offense

Avila himself of his learning on committing the crime

C. The accident studies up the sixth grade has sufficient schooling.

D. Not mitigating on crimes against property and chastity.

Two classes of injury caused by an offense /crime

1. Social injury is the disturbance and alarm to the society caused by the
crime

2. Personal injury is caused to the victim of the crime who suffered damage
either to his persons to his property, to his honor or to his charity.

WHAT IS PENALTY?

It is the suffering inflicted by the tax state for the violation of the law.

The different Penalties

 Capital punishment -death

 Afflictive penalties
A. Reclusion perpetua-20 yrs. And one day to 30 days

B. Reclusion temporal - 12 yrs and one day to 20 years

C. Prison mayor - 6 yrs and one day to 12 years

The fine for afflictive penalties is over P6,000.00

 3.Correctional Penalties

A. Prison correctional - 6 months and one day to 6yrs

B. Arresto mayor - 1 month and one day to 6months

C. Suspension -suspension from public office

D. Destiero -banishment from the place where the crime was committed

Fine for correctional penalties is over P200.00 to P6,000.00

 4. Light penalties

A. Aresto menor -one day to one month

B. Public censure

Fine is P200.00 or less.

Murder is committed by any person who kills another person with any of the
following attending circumstances is guilty of murder:

1. With treachery, taking advantage of superior strength, with the aid of armed
men or employing means to weaken the defense or of means of persons to
insure or afford impunity

2. In consideration of price Edward or Promise

3. By means of inundation, fire, poison, explosion, shipwreck, standings of a

Besser, derailment of at assault upon a streetcar or locomotive, fall of a
Sorsogon, by means involving great waste and ruin

4. With evident premeditation

5. With cruelty, by deliberately and inhumanity augmentation the suffering of

the victims or outraging or scoffing at his person or corpse.

What is Homicide?
Is the lawful killing of another person which is neither parricide, murder nor
infanticide.

Euthanasia or mercy killing

Which Means painlessly putting an end to the life of a terminally ill patient or
patient suffering from incurable disease. In euthanasia, the patient does not
want to die while in giving assistance to suicide, the person wants to die.

Giving assistance to suicide

Which is committed either by assisting another to commit suicide and by

lending assistance to another to the extent of doing the killing himself.

Parricide

Is committed by person who kill his father, mother, whether legitimate or

illegitimate, or any of his ascendants or descendants or his spouse.

Infanticide is killing of a child less than 3 days old. The penalty is the same
as that for parricide or murder.

Intentional abortion Is the willful or intentional killing of the fetus inside the
uterus or the violent expulsion of the fetus from the uterus which result in
death of the fetus.

Mutilation Is the deliberate lopping or clipping off some part of the body of
another person with purpose of depriving the persons of the part of his body.

Serious physical injuries Consistent of wounding, beating, assaulting and

administering injurious substances to another person which may be committed
by reckless imprudence or negligence.

Less serious physical injuries Is shark or injury inflicted on person which

incapacitates the person for labor for 10days or more than 30 days or needs
medical attendance for the same period of time.

Harm or injury
Slight physical injury Is an injury or harm inflicted on a person which
incapacitates the offended party from one to nine days or requires medical
attendance during the same period.

CRIME AGAISNT LIBERTY AND SECURITY.

Illegal detention is the crime committed by private individual who unlawful

deprives another person of liberty.

Example:

This is committed in the hospital personnel who refuse to discharge patients

and would not allow them to leave the hospital because of nonpayment of
hospital bill.

Abandonment of persons in danger and abandonment of one’s victims is

committed by

1.anyone who shall fail to tender assistance to any persons whom he shall find
in an uninhabited place wounded or in danger of dying.

Light threats Means a threat to commit a wrong not constituting a crime, and
there is a demand for money or that other condition is Omoide even though
that condition is not unlawful.

Grave threats Means is committed by any person who shall threatened

another with the infliction upon the persons, honor or property other latter of
his family of any wrong.

Grave coercions

Can be committed by a person’s either by:

1. Preventing another person by means of violence from doing something not

prohibited by law

2. Compelling another by means of violence from doing something against his

will whether it is right or wrong.

Revelation of secrets

Is committed by an employees, manager or servant who learns the secret of his

principal or master is such capacity and Revels such secrets.

The midwife will reveal these secrets only with:

1. The permission of the patient

2. When its revelation is necessary for the common good

3. When there is a court order that requires her to reveal them.

CRIMES AGAINST PROPERTY.

Robbery

Is committed by any person who shall take the personal property belonging to
another with the intent to gain by means of force, intimidation of any person,
using force upon anything.

Theft

Committed. By any person who with intent to gain but without violence
against, intimidation of persons nor force upon things shall take the personal
property without the latter consent.

CRIMES AGAINST CIVIL STATUS OF PERSONS

Simulation of birth - is committed by a woman who pretend that she is

pregnant when in fact she is not, and on the day of the supposed delivery takes
the child of another as her own. The woman who simulates birth and one who
furnishes the child or both responsible as principal.

Substituting one child for another - committed by a person who exchange

babies without the knowledge of their parents with the intention to cause the
loss of any trace of their filiations.

Example ito yong teleserye ni judy ann santos at Gladys reyes. Ang Title po
MAra Clara.

Concealing or abandoning a legitimate child - with the intent of cause such

child to lose its civil status.

CRIMES AGAINST HONOR

Libel -is a public and malicious imputation of a crime, or a vice or defect, real
or imaginary or any act omission ,condition, status or circumstances reading
to Cause the dishonor, discredit, or contempt of a natural or juridical person
or blacken the memory of the one who is dead
Libel is committed by means of writing, painting, lithography, engraving, radio,
phot

Phonograph, painting, or theatrical or cinematographic exhibition or any

similar means.

Slander is oral defamation

Defense libel are proof of truth it was made with good motives and for
justifiable end.

Quasi offenses

Simple imprudence consists in the lack of precautions displayed in those

cases in which the damage impending to be caused is not immediate nor force
the danger clearly manifested

Reckless imprudence - consist in voluntarily by without malice, doing or

failing to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person.

Negligence - is lack of foresight or deficiency of perception

Negligence is avoidance by paying proper attention and using due diligence in

foreseeing wrongful acts.

Example: a midwife who failed to inspect a defective siderails of the patient bed
causing the patients to slip from that bed during a seizure may be charged of
negligence.

Three kinds of negligence

 1 contractual negligence or culpa - result from breach of contract

 2. Civil negligence or villa aquilianta or quasi delict. - there is no pre-

existing contract except that there is a duty to be careful in all human
actuation

 3. Criminal negligence or culpa criminal -negligence that result s in

the commission of a crime.

Contract:

Dont forget this latin words

Du ut des - i give that you may give

Du ut facias - i give that you may do

Facio ut des -i do that you may give

Facio ut facias i do that you may do.

Contract - contract of employment wherein the employee has obligation to

renders service and employer has an obligation to pay for employee’s services.

Quasi contract - obligation that are enforceable by law based on the rule that
no one shall be allowed to enrich oneself at the expense of another.

Torts - obligation for damages caused by fault and negligence but with no
contractual agreement between the two parties.

Right - is the power to demand from another person any obligation or

prestation.

KINDS OF CONTRACT

1. Informal contract - a contract which may be entered into in whatever form

provided that all requirement for their validity are met.

2. Formal contract or solemn contract - which require special formalities or

certain specified in addition to consent subject matter and cause before the
contract may be perfected

3. Implied contract - is a contract that is concluded as result of acts or

conduct of the parties to which the law ascribes an objective intention to enter
into contract

4.expressed contract-which the condition or terns of contract are expressed

orally or in writing by the parties concerned.

5. Void and inexistent contact - these are contract that had no effect at all
which cannot be ratified or validated

6. Illegal contract -these are contract that are contrast to law expressly
prohibited by law.
 FREEDOM TO CONTRACT

1. Preparation or conception.

2. Perfection or birth

3. Consummation or termination.

ESSENTIAL REQUISITES OF A CONTRACT

1. Content of contracting parties

A. Consent

B. Offer

C. Acceptance

2.object of contract

3. The cause of a contract.

Succession-is the mode of acquisition by virtue of which the property, right

and obligation to the extent of the value of the inheritance of a person are
transmitted through his death to another by his will or by operation of law.

KINDS OF SUCCESSION

1. Testamentary succession is the which result from the designation of heir

made in a will in a form prescribe by law.

2. Mixed succession is that affected partly by will and partly by operation of

law

3. Intestate succession occurs when a person did not make will before his
death or his will is void the law vest the inheritance to the proper persons such
as the legitimate and illegitimate relatives of the deceased.

Will is an act whereby a person is permitted with the formalities prescribed by

the law to control to a certain degree the deposition of his estate to take effect
after his death.

Testament - disposes of personal property while a will disposes of real

property.

Testator is a person who makes a will.

Decedent a person whose property is transmitted to another after dead
whether or not he left a will.

Inheritance -include all property rights and obligation of a person which

extinguished by his death.

Heir is a person called to the succession either by the provision of a will or by

operation of law.

Devisees and legatees are persons to whom gifts of real and personal property
respectively given by virtue of a will.

Codicil is a supplement or addition to a will made after the execution of a will

and annexed to be taken as part thereof by which any disposition made
original will is explained added to or altered.

FORMS OF WILLS

1. Ordinary or notarial will

2. Holographic will

testamentary capacity is the capacity to make a will provided certain

conditions prescribe by law

1. Must be 18 yrs old and above

2. Of sound mind at the time the will is made.

Qualification of witness to a will :

A. Be sound mind

B. Be atleast 18 yrs of age

C. Be able to read and write

D. Be not blind, deaf or dumb

E. Not have been convince convicted by final judgement of falsification of a

document, perjury or false testimony.

Holographic will-

A person may execute a holographic will which must be entirely written, dated
and signed in and out of the Philippines and need not be witnessed.
Probate - the act of proving before a competent court the validity of a will.
Probate is called probation, legalization, protocolization and authentication.
probate maybe performed during the lifetime or after the death of the testator..

Escheat - is proceedings whereby the property of a person who did not left a
will or who have no heirs become the property of the state after his /her death.