COURSE OUTLINE IN CRIMINAL LAWI 1* Semester, SY 2020-2021 A. Classroom Rules: 1. Attendance will be checked at the beginning and/or conclusion of every online meeting 2. Recitation by batch to be scheduled by the professor. Students are expected, therefore, to come to class prepared during the meeting. When the student is reciting, the rest of the class is expected to listen. Students are encouraged to participate in the discussion by asking questions. 3. The Socratic method and lectures, quizzes and case reporting will be adapted in this course. A student who is called to recite is expected to close their book during the recitation, 4, Electronic gadgets are not prohibited during class hours, A student is expected, however, to turn off his mobile phone or to put it on silent mode as soon as he steps into the virtual classroom. B. Bases for student evaluation at the end of the semester: Recitation/Quizzes - 30% Mid-Term Exam - 20% Final Exam - 50% No grade of 3 or 4 C. This is only a course outline but the professor is not estopped nor limited within the course outline in his discussion/recitation. It is highly encouraged that the student should have ‘more than one references or books or other related and co-related materials to the subject ‘matter or course as the whole study of law is an inter-relation of different subjects of law and the Constitution, the fundamental law of the land (Disclaimer) 1. Fundamental Principles ‘A. Definition of Criminal Law = Ohvs Court of Appeals, 403 SCRA 300 (2003) B. Kinds of erimes 1. Mala in se - US. vs. Go Chico, 14 Phil. 128, 131 (1909)2. Mala prohibita = USS. vs. Go Chico, 14 Phil. 128, 131 (1909). = Lint vs. People, 340 SCRA 497 (2000) ~ People vs, Lacerna, 278 SCRA 561 (1997) Lack of intent as a defense in mala prohibita ~ Garcia vs. Court of Appeals, 484 SCRA 617 (2006) ~ Ysidoro vs. People, 685 SCRA 637 3. Felony ~ Art. 3, RPC ~ People vs. Gonzales, 183 SCRA 309 (1990) 4. Offense Distinction between felony and offense. C. Sources of Philippine Criminal Law 1. Revised Penal Code (Act No. 3815) 2. Special penal laws passed by Congress 3. Presidential Decrees D. Theories of Criminal Law 1. Classical Theory 2 Positivist Theory 3. Relative 4. Absolute E, Power to Define and Punish Crimes - USS. vs. Pablo, 35 Phil, 94 (1916) - People vs. Santiago, 43 Phil. 120 (1922) F. Constitutional Limitations on Legislative Power to Enact Penal Laws 1. Equal protection = 1987 Constitution, Art. IIL Sec. 1 2. Due process = 1987 Constitution, Art. II, Sec. 14(1) 3. Cruel and unusual punishment - 1987 Constitution, Art. Il, Sec. 19(1) - RA. No. 9346 4. Bill of attainder/Ex post facto law - 1987 Constitution, Art. IL, Sec. 22 ~ People vs. Villarnza, 81 SCRA 95 (1978)G. Characteristics of Criminal Law 1. Prospective =, People vs. Tamayo, 61 Phil. 225 4Go vs. Dimagiba, 460 SCRA 451 (2005) Effect of repeal of penal law = People vs. Tamayo, 61 Phil. 225 = People vs. Pastor, 77 Phil. 1000 = People vs. Almuete, 69 SCRA 410 2. General = Civil Code of the Philippines, Art. 14 = USS. vs. Sweet, 1 Phil. 18 3. Territorial - Art. 2, RPC = Reagan vs, Commissioner, 30 SCRA 968 (1969) H. Construction of Penal Laws = US. vs. Abad Santos, 36 Phil. 243 (1917) = People vs. Gatchalian, 104 Phi. 664 (1958) ~ People vs. Sultan, 331 SCRA 216 (2000) Doctrine of Pro Reo ~ People vs. Gonzales, 361 SCRA 350 (2001) ~ Bonigalon vs. People, 694 SCRA 12 (2013) Rule of lenity ~ People v. Temporada, 574 SCRA 258 (2010) The Revised Penal Code, Act No. 3815 A. History = US. vs. Tamparong, 31 Phil. 321 B. Divisions of the RPC 1. Books 1&2 2. Titles - Book I: Prelim Title + Titles 1-5; Book IE Titles 1-14 3. Chapters - Book I: 15 Chapters; Book Il: 46 Chapters 4. Sections - Book I: 8 Sections; Book Il: 35 5, Articles ~ Book: Arts. 1-113; Book Il: Arts. 114-367J / I, Preliminary Title Art. An2 = Art. 1, 1987 Constitution = Art. 14, Civil Code of the Philippines = US Bases Agreement ~ RP-US Visiting Forces Accord - RA.No.75 = EDCA (Enhanced Defense Cooperative Agreement) > Arts. 1, 29, 31, 1961 Vienna Convention on Diplomatic Relations 7 Sec. 58, R.A. No. 9372 (Human Security Act of 2007 or Anti-Terrorism Act) - R.A. No. 7055 | Mimuchiers. Court of Appeais; Gi8s No, 142396. February 11, 2003} 772 7 Jurisdiction over offenses: committed in the high seas ES. ws: Bull, 15 Phi. 7 Jurisdiction over offenses committed by members of the AFP in violation of military law and public law - People vs: Livarn, 94 Phil: 77E¥ = *Waldez:vs: Lucero; 76 Phil: 336 = :Gonzales'vs: Abaya; 498-5CRA 445° Contraband on board a foreign vessel landed on Philippine soil = US. vs: Look Chan 18 Phil: 73 TV. Title One: Felonies and Circumstances Which Affect: ‘Crisninal Liability A. Chapter One: Felonies ArtL3 = People vs: Gonzales,.183 SCRA.309 (1990) - = People vs: Pacana;'47-Phil.48 ~ People vs. Bandian, 63 Phil. 530 = US. vs. A Chong, 15 Phil. 488 23 Phil. 391 Involuntary act = ULS!s. Barnes, 12 Phil. 93 ~ People v, Sara, 55 Phil. 889 of Art. 59 = People vs. Cornel, 78 Phil: 458 —p. 1597= People vs. Qnianzon, 62 Phil. 162 - p. 163 = US. vs. Villanueva, 31 Phil. 412 - p. 163° ~ U.S. vs, Divino, 12 Phil. 175 - p. 164° = USS. vs, Mendieta, 34 Phil. 242 - p. 172 Proximate cause ~(Vda. de Bataclan v. Medina, 102 SCRA 181 + = Urbano v. Intermediate Appellate Court, 157 SCRA 10 p. 173 Impossible crime ~ People vs. Balmores, 85 Phil. 493* = Intod'vs. Court of Appeals, 215 SCRA SZ An.5 ~ People vs: Orifon, 57 Phil. 59% ~ Director of Prisons v Ang Chto Kio, 33 SCRA 494-(1970):* Art6 = Peoples. Lamahang, 61 Phil.703¢ ~ US. 0s. Eduave, 36 Phil. 209¢ - People us. Borinage, 55 Pliil. 439 ~: People v. Kalalo, 59 Phil: 7144 Distinguish attempted /frustrated from impossible crime There is no crime of frustrated - Valenzuela v. People, 525 SCRA “There is no crime of frustrated rape = People v. Orita; 184 SCRA 105 AnZ Art.8 “Estrada v. Sandiganbayan, GR. No. 148965: February 26, 2003 — ot? 1 people o. Larraiiage; 421 SCRA'530 (2004)# And = of Art. 25 RA. No. 10951, Sec. 1 1 Ano B. Chapter Two: Justifying and Exempting Circumstances Art 11 ~ of Art, 100 = R.A. No. 9262, Sec. 26 = of RA. No, 934, Sec. 6, as amended by R.A. No. 10630 . foreisniva Self-defense "De la Cruz vs. People, 741 SCRA 97 (2014) People vs: Gonzales, 672 SCRA 590 (2012) * -Nacnac os: People, 668 SCRA 846 (2012) ‘SPeople os Sotelo, GR, No. L-33304, Dec. 13, 1930 iO ~ People vs. Gonzales, 672 SCRA 590 (2012) > People v. Bandian, 63 Phil. 530 Distinction between instigation and entrapment = People v. Doria, 301 SCRA 668 ” Failure to perform an act required by law, due to a lawful or insuperable cause ~ US. v, Vicentillo, 19 Phil. 118 Chapter Three: Mitigating Circumstances Art13 Incomplete self-defense, defense of relatives, defense of strangers = People ws. Martin, 89 Phil. 18 = US. vs. Rivera, 41 Phil. 472 = People vs. Oanis, 74 Phil. 257 - People vs. de Jesus, 118 SCRA 616 = People ws. Toring, 191 SCRA 38 Minority - of RA. No. 934, as amended by R.A. No. 10630 Lack of intent to commit so grave a wrong, = US. vs. Reyes, 36 Phil. 904 Sufficient provocation or threat on the part of the offended party = People v. Pagal, 79 SCRA 570 Immediate vindication of a grave offense = People vs. Lumayag, 13 SCRA 502 Passion or obfuscation = US. vs. Taylor, 6 Phil. 162 - People vs. Pagel, 79 SCRA 570 = USS. vs, Hicks, 14 Phil. 217 = USS. vs. de la Cruz, 22 Phil. 429 Voluntary surrender = People v. Hanasan, 29 SCRA 534 Deafness and dumbness, blindness Ines = People v. Amit, 82 Plil.820Analogous circumstances = People vs. Bernal, 91 Phil. 619 C. Chapter Four: Aggravating Circumstances An14 wig Secs. 8 & 9, Rule 110, Revised Rules of Criminal Procedure U.S. vs. Rodriguez, 19 Phil. 150 People v. Ural, 56 SCRA 138 People vs, Rodil, 109 SCRA 308 People vs. Pagal, 79 SCRA 570 People ws. Luchico, 49 Phil. 689 = USS. vs. Punsalan, 3 Phil. 260 USS. vs. Barredo, 87 Phil. 800 People vs. Aguinaldo, 55 Phil. 610 People vs. Lungbos, 162 SCRA 383 People vs. Licop, 94 Phil. 839 People vs. Lagarto, 196 SCRA 611 People vs. Ompad, 26 SCRA 750 = People vs. Carillo, 77 Phil. 579 = People vs. Yturriaga, 86 Phil. 534 - People vs. Tadeo, 389 SCRA 20 = People vs. Belgar, 195 SCRA 98 = People vs. Madrid, 88 Phil. 1 = People us. Verzo, 129 Phil. 628 People v. Agcanas, 674 Phil. 626, 635 (2011) = People vs. Gonzales, 672 SCRA 590 (2012) D. Chapter Five: Alternative Circumstances ‘People vs. Fontillas, 638 SCRA 721 = People vs. Monidigo, 543 SCRA 384 = People vs. Abello, 582 SCRA 378 = People vs. Latag, 420 SCRA 695 = People vs. Sumarago, 422 SCRA 324 ~ People vs. Ulit, 423 SCRA 374 = People vs. Launs, 58 Phil. 742 = People vs. Semanada, 103 Phil. 790 V. Title Two: Persons Criminally Liable Arts. 16-20 ~ US vs. Acebedo, 18 Phil. 428 ~ [399] = David, Jr. vs. People, 562 SCRA 22 ~ [401] ~ People vs. Montesclares, 589 SCRA 320 - [402]‘The offender cannot be made to undergo subsidiary imprisonment unless the judgment expressly so provides. = People v. Fajardo, 65 Phil. 539 3, Section 3: Penalties in which other accessory penalties are inherent Arts. 40 - 45 = B.P. Blg. 881, Sec. 118 C. Chapter Four: Application of Penalties 1 Section 1: Ruts for the application of penalties to the persons criminally liable and for the graduation of the same Arts, 46 - 61 = cf. RA. No. 934 * People vs. Bernardo, G.R. No. 198789, June 3, 2015 = People vs. Hernandez, 69 Phil. 515 Art. 48 = People vs. Acosta, 60 Phil. 158 ~ p. 159 ~ People vs. Guillen, 85 Phil. 307 ~ US. vs. Ferrer, 1 Phil. 56 = People vs. Toling, 62 SCRA 17 = Toler vs. San Pedro, 635 SCRA 191 = Domingo vs. People, 603 SCRA 488 = People 0. Nelmida, 694 Phil. 529 (2012) Absorption of crimes Delito continuado ~ Santiago v. Garchitorena, 228 SCRA 214 pplication of penalties with regard to the 2 Section 2: Rules for the 9} ‘and habitual delinquency mitigating and aggravating circumstances Arts. 62-72 People vs. Escares, 102 Phil. 677 - p. 482 ~ People ws. Jose, 37 SCRA 450 3, Section 3: Provisions common to Sections 1 & 2 Arts. 73-77 4. Act No. 4103, as amended = People v. Ducosin, 59 Phil. 109 = Argoncillo v. People, 292 SCRA 313 = People vs. Teniporada, 574 SCRA 258 = People vs. Gabres, 267 SCRA 581 = SCA.M. No. 15-08-02 (Aug. 4, 2015) 105. P.D. No. 968, as amended by R.A. No. 10707 jantos To v. Paiio, 120 SCRA8 = People vs. Evangelista, 253 SCRA 714 - Colinares v. People, 662 SCRA 266 D. Chapter Five: Execution and Service of Penalties 1, Section One: General Provisions Arts 78-80 act RA. No. 9344, as amended by R.A. No. 10630 2. Section Two: Execution of Principal Penalties Arts, 81-88 = cf. RA. No. 9346 = People vs, de Jesus, 80 Phil. 749 ~ p. 515 VIL. Title Four: Extinction of Criminal Liability ‘A. Chapter One: Total Extinction Arts, 89 = 93 cf, Act no. 3326, as amended by Act No. 3763 = Sec. 11, R.A. 3019, as amended = Proclamation No. 138, August 11, 1987 Death pending appeal of judgment of conviction = People v. Aimistoso, 704 SCRA 369 1 People v. Culas, G.R. No. 211166, June 5, 2017 Rules on survival of civil liability ~"Datu vs. People, 637 SCRA 754 - p.578 Effect of conditional pardon _ US. vs. Sotelo, 28 Phil. 147 Effect of absolute pardon ~ US. vs. Francisco, 10 Phil. 185 Effect of marriage by the offender with the offended party ~ People ws. Santiago, 51 Phil. 68 = of Art, 266-CEffect of Sunday or legal holiday 'y oF legal holiday on prescription of felo = Yapliangco 0s: Bucncmino, 12 SCRA 713 Reason (or the 2-month prescripti iptive period for slight slander. ~ People vs, Maceda, 73 Phil, 679 ae ‘When a conditional pardon becomes operative. = Infonte v8, Warden. 32 Pit 310 B. Chapter Two: Partial Extinction Arts, 94-99 = cf. Art. 29 RPC Violation of conditional pardon ~ Director of Prisons v. Ang Cho Kio, 33 SCRA 494 (1970) CCrediting of good conduct allowance = People vs. Tan, 19 SCRA 433 = RA, No. 10592 ‘VIL Title Five: Civil Liability A. Chapter One: Persons civilly liable for felonies ‘Arts. 100103 = cf, Art. 2180, parag, 4, New Civil Code Requisites that must concur in order for the enforcement ofthe employer's subsidiary liability = Carpio vs. Dorja, 180 SCRA 1 - p. 556 = Base Marketing Corp. vs. Bolinao Security & Investigation Services, 117 SCRA 156 - p. 559 ~ Steinmetz vs Valdes, 72 Pil 92 ~ p. 563 { Philipine Rabbnt Bus Lines v. People, 427 SCRA 456 (2004) B. Chapter Two: What civil liability includes a ‘Damages that may be recovered in murder = People v. Hatsero, 700 SCRA 597 ~ People ws. Fortuno, 73 Phil, 429 ~ p. 555, ‘Damages that may be recovered in parricide = People vs. Tibon, 622 SCRA 510 (2010) - p. 555 2What constitutes reparation ~ People vs. Mosinsesa, 9¢ Phil. 243 ~ p. 561 Restitution of property in the possession of a third party ~ Varela us. Finnick, 9 Phil, 482 —p.561 Acknowledgment of offspring in rape - ULS. us. Yambao, 4 Phil. 204 p. 564 Effect of amnesty on civil liability = US. vs. Mndlungbeyan, 2 Phil. 426 ~ p. 543 Civil liability in arson = People vs, Murcia, 614 SCRA 741 - p. 565 Civil liability in robbery with rape ~ People ws. Obina, 618 SCRA 276 ~ p. 570 Civil liability in rape = People vs. Marismo, 590 SCRA 74 ~ p. 573 ‘Civil liability in rape with homicide ~ People vs. Valla, 323 SCRA 74 C. Chapter Three: Extinction and survival of civil liability Art112 = Art. 1231, Civil Code of the Philippines ~ Balite vs. People, 18 SCRA 280 (1966) ~ People vs. Bayotus, 236 SCRA 239 ~ People vs. Ayodhok, 629 SCRA 361 ~ Datu vs. People, 637 SCRA 754 Art. 113 = cf. Art. 36(2) = US. vs. Madlangbayen, 2 Phil. 426 = Budlong vs. Apalisok, 122 SCRA 935 13