Art.

1 Crime committed within territory of another country – generally, the foreign state
has jurisdiction
 RPC took effect two years from publication for a fuller understanding
thereof. RULES ON MERCHANT VESSELS:

Art. 2 English Rule French Rule

The host country has jurisdiction over The flag country has jurisdiction over
Two scopes of application of the RPC: crimes committed in the vessel unless crimes committed in the vessel except
they involve the internal management if the crime disturbs the peace and
1. Intra-territorial – first paragraph; shall be enforced within the Philippine
of the vessel. order of host country.
archipelago, including its atmosphere, interior waters, and maritime zone.
2. Extra-territorial – GR: Philippine courts cannot take jurisdiction over a Crimes against national security and the law of nations:
committed crime outside the country. EXCEPTION: 2 nd paragraph or Art. 2
except provided in treaties and laws of preferential application. 1. Treason
2. Espionage - the practice of spying or of using spies, typically by
GR: Sovereigns, heads of states, official representatives enjoy immunity from suits. governments to obtain political and military information.
Basis: “Par in parem, non habet imperium” 3. Provoking war and disloyalty in case of war, and piracy and mutiny.
Heads and staff of diplomatic missions: *Rebellion is not included because it is against public order.
 Ambassadors or nuncios accredited to the heads of State; Art. 3
 Envoys, ministers, or internuncios accredited to the heads of states.
 Charges d’ affairs accredited to the ministers of foreign affairs Felonies – aka delitos, are acts/omissions punishable under the RPC. They are either
dolo or culpa. They are committed either by means of deceit or fault. In both cases, it
XPNS: is necessary that there is voluntariness.
 Doctrine of state immunity cannot be used as an instrument for perpetuating Deceit (DOLO) intentional felonies Fault (CULPA) culpable felonies
injustice. Act is performed with deliberate intent Wrongful act results from imprudence,
 Cannot be applied and invoked where the public official is sued in his Elements: negligence, lack of foresight/skills
private and personal capacity as an ordinary citizen. 1. Freedom of action Elements:
2. Intelligence 1. Freedom of action
THE ARCHIPELAGIC DOCTRINE (Art. 1, 1987 Constitution): 3. Intent 2. Intelligence
3. Negligence, imprudence, lack
 All islands and waters embraced therein and all other territories embraced of foresight, lack of skill.
therein and all other territories over which the Philippine has jurisdiction.
 Consisting of its territorial, fluvial, and aerial domains, including its
territorial sea, seabed, subsoil, insular shelves, and other submarine areas. Intent – use of particular means to bring about a desired result. It is a mental state,
 The waters around, between and connecting the islands regardless of their the existence of which is demonstrated by the overt acts of the person.
breadth and dimension form part of the internal waters.
GR: Criminal intent is presumed. (General intent)
Philippine airship/ship – one duly registered under PH laws.
XPN: When intent (specific criminal intent) is an element of the crime.
Crime committed in the PH in a PH merchant ship – PH has jurisdiction
- In attempted/frustrated homicide, intent to kill is a specific criminal intent
Crime committed by merchant PH ship in the highseas – PH still has jurisdiction because if not established, only physical injuries will be charged.

CRIMINAL LAW WEEK ONE | micaellagarcia

 Crimes without criminal intent: mala prohibita (“has the law been violated?”)
and culpable felonies.
Motive – moving power or force which impels a person to commit acts toward a
desired result.
GR: Motive is immaterial in incurring criminal liability
XPNS:
1. The act brings about variant crimes
2. There is doubt whether the accused committed the crime or the identity of
the accused is doubtful.
3. The evidence on the commission of the crime is purely circumstantial
4. The evidence of the guilt of accused is inconclusive.
Factors affecting intent and consequently the criminal liability of offender:
1. Mistake of fact – negative criminal intent and liability.
2. Aberratio ictus – error in the victim of the blow, s. The act may result in a
complex crime and more felonies but there is only one intent.
3. Error in personae – mistake on the identity, the offender committed a
mistake in ascertaining the identity of the victim. This may or may not
lower criminal liability depending upon whether the actual crime committed
and the intended one are of equal/different gravity. It is extenuating if the
resulting crime is greater than intended, it is no effect it is same as intended.
4. Praeter intentionem – the injury is on the intended victim but the resulting
consequence is so grave than what was intended. There should be a great
disparity between the actual and intended felony. It is a mitigating
circumstance.
5. Proximate Cause – cause which in its natural and continuous sequence,
unbroken by an efficient intervening cause, produces the injury and without
which the result would not have occurred. The cause of the cause is the
cause of the evil caused. It results in criminal liability to the actor whether
acting with intent or thru negligence.
Reckless imprudence – voluntarily doing or failing to do, without malice, an act from
which material damage results by reason of an inexcusable lack of precaution on the
part of the person performing/failing to do an act. Malice is the antithesis.
Intelligence, within the purview of felonies – capacity to understand what is right and
what is wrong. Discernment is relevant to intelligence, not to intent. Intelligence may
be diminished for minors 15-17, and lacking for minors below and the insane or
imbecile.
CRIMINAL LAW WEEK ONE | micaellagarcia
Art. 4
Who are liable for felonies:
1. Those who commit a felony although the wrongful act done is different
from intended.
2. Those who do not actually commit a felony but perform an act which would
be an offense against persons or property were it not for the inherent
impossibility of its accomplishment.
Impossible crime – acts performed would have been a crime against persons and
property but which is not accomplished because of its inherent impossibility or
because of the employment of inadequate or ineffectual means. There is intent but
actually no crime was committed.
Two kinds of inherent impossibility:
1. Legal impossibility – intended acts, even committed would not amount to a
crime. It applies when:
 The motive, desire, and expectation is to perform an act in
violation of the law...
 There is intention to perform the physical act.
 There is a performance of the intended physical act.
 The consequence does not amount to a crime.
2. Factual/physical impossibility – occurs when extraneous circumstances
unknown to actor prevent the consummation of the crime.
Art. 5
 If the court tried a case for an act which is not yet punishable by law, the
court should render a decision of acquittal or order the dismissal of the case.
When the penalty prescribed for a felony is excessive, the court shall call
the attention of the President.
Art. 6
Kinds of felonies:
1. Consummated felony – when all acts necessary for its accomplishment are
present. Offender had already reached the objective stage of the offense as
he has no longer has control of his acts having already performed all that is
necessary.
Formal crimes – are always consummated because offender cannot perform all the
acts necessary to execute the offense without consummating it.
 2. Frustrated felony – when the offender performs all acts necessary to
produce the felony as a consequence, but the felony was not produced by
reason of causes independent of the will of the perpetrator.
Crimes that cannot be frustrated: rape, arson, corruption of public officers, adultery,
theft and robbery.
Art. 8
Conspiracy – when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. It can be deduced from the mode in
which the offense was perpetrated / inferred from the acts of the accused when such
point to a joint purpose and design, concerted action, etc.

3. Attempted felony – when the offender commences the commission of an
offense 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. Offender is still in his subjective
phase.
- It must be shown to exist clearly and convincingly.
- It is essential for one to be a party to a conspiracy as to be liable for the acts
of others that there is intentional participation in the transaction.
Two concepts of conspiracy:

Overt acts – external acts which if continued will logically result in a felony. It is the 1. As a crime by itself – crime subject of conspiracy is not yet committed but
start of criminal liability. Overt act must be directly related to the offense committed. the mere act of conspiring is defined and punished as a crime.
2. As a means of committing a crime
Preparatory acts – acts which require another act so that a felony will result. Ex: a. By prior agreement – conspirator is liable as long as he appeared in the
proposal and conspiracy to commit a crime. scene of the crime EXCEPT when he is the mastermind who is liable
won he appears.
Desistance – act of discontinuing the execution of the felony which will negative
criminal liability of the offender when done during the attempted stage. 2nd unplanned crime; the liability of the conspirators is only for the crime agreed
except:
As to Attempted Felonies Frustrated Felonies
Acts of execution Not all AOE had been done All AOE had been done  When the other crime was committed in their presence and they
Causes of non- Felony was not produced by Reason for frustration is some did not prevent its commission indicating their approval thereof
accomplishment reason of cause/accident other cause independent of the will of the  When the other crime is the natural consequence of the crime
than the offender’s perpetrator. planned – homicide resulting from physical injuries
spontaneous desistance
 When the resulting crime was a composite crime because a
Control of his acts Offender is still in the Already in the subjective phase
composite crime/special complex crime is indivisible.
subjective stage because he because all acts of execution had
b. Implied conspiracy – one that is deduced from the mode the offense
still has control of his acts already been there.
Intent is inherent for both but was unsuccessful because of causes was committed. The co-conspirator must do an act which shows his
unity of purpose and design with the other offenders. It is essential for
liability to attach that the conspirator participated in the commission.
Consummated felonies Frustrated felonies
Purpose was accomplished Desire was not accomplished To be liable as a conspirator, unless he is a mastermind, he should appear in the
scene of the crime. If he is a mastermind, it is necessary that he should have
performed an indirect/direct overt act:
Art. 7
 Active participation in the actual commission of the crime
Light felonies – infractions of law penalized with arresto menor / fine not exceeding  Moral assistance to his co-conspirators by being present at the commission
P200. Only the principals and accomplices are liable. of the crime.
 Exerting moral ascendancy over other conspirators
GR: They are punishable only when they are consummated
Two structures of multiple conspiracies:
XPN: In all stages when committed against persons or property

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 1. The wheel or circle conspiracy – single person or group dealing individually
with two or more persons or groups.
2. The chain conspiracy – successive communication and cooperation.
“The act of one is act of all” – same criminal liability.
from entrapment, entrapment’s criminal intent originates from the mind of
the criminal.
Art. 11 – Justifying circumstances. - without criminal liability. No civil liability
either. Since there is no crime, offender shall be called actor.

Arias Doctrine – All heads of offices have to rely on a reasonable extent on their 1. Defense of self, relatives, and strangers
subordinates and on the good faith of those who prepare bids, purchase supplies, or
enter into negotiations. Requisites of self-defense:

Art. 9 a. Unlawful aggression – indispensable for self-defense. There must be a real

danger to life or personal safety.
Kinds of felonies, as to severity: - The presence of a large number of wounds on the part of the victim negates
self-defense.
1. Grave felonies – penalized by capital punishment or afflictive penalties in b. Reasonable necessity of the means employed to prevent it. – depends upon
any of its period. Afflictive penalties – prision mayor, disqualification, the circumstances surrounding the aggression, the state of mind of the
reclusion temporal, and reclusion perpetua. aggressor, and the available weapon at the time.
2. Less grave felonies – maximum period are correctional c. Lack of sufficient provocation on the part of the person defending himself.
3. Light felonies – punished with arresto menor or fine not exceeding P200.
Elements of self-defense for the ff:
Significance of classifying felonies, to determine:
Relatives Strangers
 Whether a complex crime was committed 1.Unlawful aggression 1. Unlawful aggression
 The duration of subsidiary penalty to be imposed 2.Reasonable necessity of the 2. Reasonable necessity of the means
 The duration of the detention in case of failure to post the bond to keep the means employed to prevent or employed to prevent or repel it.
peace. repel it. 3. The person defending is not induced
 Whether the crime has prescribed 3. In case the provocation was by revenge, resentment, or other evil
 WON there is delay in the delivery of detained persons to the judicial given by the person attacked, motives.
authority the person defending had no
part therein.
 The proper penalty for quasi-offense.
Battered Woman syndrome phases:
Art. 10
a. Tension-building phase
 RPC shall be supplementary to special laws, unless the latter specifically b. Acute battering incident
provide the contrary. Special laws – those not included in the RPC. c. Tranquil, loving phase
- If battered woman injurs/kills her batterer, the defense should prove all
Other factors affecting criminal liability: absolutory/exempting circumstances and three phases of the cycle.
extenuating circumstances 2. State of necessity
Examples of absolutory circumstances – exempting circumstances outside Art. 12: Elements of state of necessity:
1. Instigation – by reason of public policy. The criminal intent originates in the a. The evil sought to be avoided actually exists
mind of the instigator and the accused is lured into the commission of the b. The injury feared be greater than that done to avoid it.
offense charged in order to prosecute him. The instigator induces another to c. There is no other practical and less harmful means of preventing it.
commit the offense and himself becomes a co-principal. To be differentiated
3. Fulfillment of duty

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Elements of fulfilment of duty/exercise of right: When should it occur to be exempting: at the time of perpetration. The inquiry into
the mental state should relate to the period before/at the precise moment/after/during
a. The offender acted in the performance of a duty or the lawful exercise of a trial for purposes of determining CL.
right or office.
b. The injury caused or the offense committed is the necessary consequence of Criteria for insanity/imbecility:
the due performance of such right.
4. Obedience to superior order - Cognition Test – complete deprivation of intelligence in committing the act.
 Volition Test – total deprivation of the freedom of the will.
Elements: 2. Minority (RA 9344) – under the age of 18
a. Children at risk – risk of committing offenses bc of personal, fam and social
a. An order has been issued by a superior
circumstances.
b. The order is for a legal purpose
b. Children in conflict with the law
c. The means used to carry out such order is lawful.
Minors exempt from CL:
Art. 12 – Exempting circumstances – without criminal liability
a. A minor 15 y/o and below is absolutely exempt.
Justifying Exempting b. A minor over 15 and under 18 who did not act with discernment.
 The act is legal  The act is criminal
 There is no crime, no criminal  There is a crime and a A child 15 y/o below at time of offense shall be exempt from CL but subject to
 There is no criminal and civil criminal intervention program. A child over 15 y/o under 18 shall be exempt from CL and
liability  There is a crime, except from shall be subject to intervention unless he acted w/ discernment in which he shall
 The emphasis of the law is on criminal liability and there is undergo the diversion program.
the act civil liability.
 The emphasis on the law is on Detention of the child shall be a measure of last resort.
the actor.
3. Accident

1. Imbecility/Insanity Accident- an occurrence that happens outside the sway of our will, and although it
comes about through some act of our will, lies beyond the bounds of humanly
Insanity- manifestation in language or conduct of disease or defect of the brain or a foreseeable consequences. Absence of criminal intent.
more or less permanently diseased or disordered condition of the mentality,
functional or organic, and characterized by perversion, inhibition, or disordered Requisites to be exempted:
function of the sensory or of the intellective faculties or by impaired volition. It is a. Accused was performing a lawful act with due cause
manifested by a deranged and perverted condition of the mental faculties which is b. The injury is caused by mere accident
manifested in language and conduct. c. There was no fault/intent of causing the injury
Insanity is disproved when:

1. Immediately after he killed the victims, he thought of surrendering 4. Irresistible Force

2. He showed remorse during his confinement at the mental hospital.
3. He was able to give a sworn statement before the prosecutor’s office Elements:
immediately after the commission of the crimes narrating his version of the
a. The force must be physical, must come from an outside source, and the
incident.
accused must not act only without a will but even against a will.
b. The actor must be reduced to a mere instrument, such that the element of
freedom is wanting.

CRIMINAL LAW WEEK ONE | micaellagarcia

 c. The duress, force, fear or intimidation must be present and imminent of *Offense may be any act/event which offends the accused causing mental agony
such nature as to induce a well-grounded fear of death/serious injury if the to him and moves him to vindicate himself of such offense.
act is not done.
6. Passion and Obfuscation
5. Uncontrollable Fear It can be considered when it arises from accused’s lawful sentiments. The
a. Threat which caused the fear of an evil greater than or at least equal to that offended must have done an act unlawful and sufficient to excite
which the accused was required to commit. passion/obfuscation on the part of the accused. It cannot be considered if the
b. It promised an evil of such gravity and imminence that the ordinary man anger did not arise from lawful sentiments. It must be a spur of the moment.
would’ve succumbed to it.
6. Insuperable cause – imposes a duty on the offender to perform an act but 7. Voluntary Surrender
his failure to do so is due to an insuperable cause. There is no civil liability
Elements:
bc acts are lawful.
a. The offender surrendered to a person in authority or his agent
Art. 13 – Mitigating circumstances – reduced criminal liability; lesser perversity of
b. The offender surrendered before arrest is affected
the offender
c. The surrender must be voluntary, spontaneous and must show the intent of
Classifications: the accused to submit himself unconditionally.
d. There is no pending warrant of arrest filed
a. Ordinary – lowers penalty to the minimum period.
b. Privileged – lowers the imposable penalty whether divisible or indivisible, 8. Voluntary plea of guilt
by one or more degrees.
Elements/Must be made:
c. Specific – applies to a specific felony.
a. In an open court
1. Incomplete justifying/mitigating circumstances b. Spontaneously and unconditionally
 There must always be unlawful aggression. c. Prior to the presentation of evidence of the prosecution
 When unlawful aggression alone is proved, incomplete self-defense is
ordinary mitigating. When it is combined with another element, it becomes It is mitigating because it is an act of repentance and respect for the law.
privileged mitigating. 9. Physical defects and illness
2. Minority – privileged mitigating
3. Praeter Intionem The physical defects must relate to the offense because the law requires that the
defect has the effect of restricting his means of action, defense, or communication to
It is the lack of intention to commit a grave a wrong as that committed. There should his fellow beings. The illness is the contributory cause that moved him to commit the
be a great disparity between the intent and consequence. Lack of intent is shown by offense. The illness must only diminish and not deprive the offender of the
the means employed, nature, and location of wound. It should only be appreciated consciousness of his acts.
where the accused had no intent to kill but only inflict injuries.
10. Analogous circumstances
4. Sufficient Provocation
- Restitution in malversation
It must be immediate to the commission of the crime and must originate from the
offended party. It is immediate if no interval of time elapsed between the provocation
and the commission of the crime.
Art. 14 – Aggravating circumstances – increased penalty
5. Immediate Vindication of a grave offense
Different kinds:

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 A. Generic aggravating circumstances which: rationale for this is because it reveals the offender’s perversity in deliberately
a. Apply generally to all crimes invading the tranquillity of one’s domicile. It is not aggravating if the offended has
b. Can be offset by an ordinary mitigating circumstance given provocation or if both parties live there.
c. Increase the penalty to the maximum period of penalty prescribed in the law
provided alleged in the information as required under RRCP 4. Abuse of confidence/obvious ungratefulness
B. Qualifying circumstances which: - must be proved beyond reasonable doubt It is essential to show that the confidence between the parties must be immediate and
a. Cannot be offset by any mitigating circumstance personal.
b. Change the nature of the crime and designation of the offense
c. Must be alleged in the information Requisites:
d. Must be proved as conclusively as the guilt of the offender
a. The offended had trusted the offender
C. Special or special aggravating circumstances
b. The offender abused such trust
D. Inherent circumstances which is an element of a felony
c. Such abuse facilitated the commission of a crime.

1. Abuse of Official Position

5. Palace of the Chief Executive
Test: Did the accused abuse his office in order to commit the crime?
It is necessary that the offender must have sought the above places for the
To be considered aggravating, the public official must have used influence, prestige, commission of a crime which shows lack of respect for the places enumerated.
and ascendancy which his office gives him in realizing his purpose. There must be an
6. Nightime/Nocturnity
intimate connection between the offense and office of accused.
It is the period from sunset to sunrise.
2. Insult to public authorities
Per se, is not an aggravating circumstance. It becomes so when:
Covers not only persons in authority but also agents of persons in authority and other
public officers. To be considered, the public authority is engaged in the discharge of a. It was especially sought by the offender
his duties and the offender knows that he is a public authority. b. It was taken advantage by him
c. It facilitated the commission of the crime by insuring the offender’s
3. Age, sex, rank, dwelling
immunity from capture
There must be proof that offender deliberately intended to offend or insult the d. The place where the crime was committed was not illuminated.
offended with these four circumstances. The rationale for this is because those  Objective test – nocturnity facilitated the commission of crime
generally considered of high status in life on account of these circumstances deserve  Subjective test – purposely sought by appellants to afford impunity
to be respected. 7. Uninhabited place
Rank – high social position. It should be clearly demonstrated that the accused Determined by the distance of the nearest house to the scene but WON in the place
deliberately intended to act with insult on account of his rank. of the offense, there was a possibility of the victim receiving some help.
Sex – must be shown that the offender specially saw to it that the victim would be a 8. Band (cuadrilla)
woman. Consists of:
a. More than 3 persons
Age – includes tender age
b. Armed malefactors
Dwelling (morada) – includes dependencies, staircase, and enclosures under the c. Acting together in the commission of an offense
house. It must be a building or structure exclusively used for rest and comfort. The 9. Calamity or misfortune

CRIMINAL LAW WEEK ONE | micaellagarcia

  Not acts of men 14. Evident premeditation – stubborn adherence to a (previous) decision to
10. Aid of armed men commit a felony.

Elements: Elements:

a. The armed men took part in the commission of crime indirectly/directly a. The time when the offender determined to commit the crime
b. Accused availed himself of their aid or relied upon them when the crime b. An act manifestly indicating that he has clung to his determination
was committed. c. Sufficient lapse of time between such determination and execution to allow
 Band and organized crime syndicate – all members are principal him to reflect upon the consequences of his act.
 Aid of armed men – accomplices of the principal main offender
It is not appreciated when the attack was made in the heat of anger or meeting of the
 Band – at least four people
accused and the victim was a chance encounter.
 Aid of armed men – not specified number
 Organized crime syndicate – at least 2; purpose is to commit crimes for gain 15. Craft, fraud, disguise
 Craft – cunning/intellectual trickery or chicanery resorted to by the accused
to carry out his evil design.
11. Habituality  Fraud – constitutes deceit and manifested by insidious words/machination
 Disguise – resorted to conceal identity. If the offender was recognized, it
Different forms: cant be aggravating.
16. Abuse of superior strength – when the offenders intentionally and
a. Recidivist – one who at the time of his trial for one crime shall have been
purposely employ excessive force out of proportion to the means of defense
previously convicted by final judgment of another crime embraced in the
available to the offended party.
same title of the RPC.
17. Treachery (Alevosia) – when the offender commits any of the crimes
 It is a generic aggravating circumstance. The prosecution must allege
against person employing means, methods, or forms in the execution thereof
recidivism in the information and present certified copy of judgment of
which tend directly and especially to insure its execution, without risk to
conviction in the previous case.
himself arising from the defense which the offended party may make.
b. Reiteracion – offender has been previously punished.
- Swiftness and unexpectedness of the attack upon the unsuspecting victim
Recidivist Reiteracion - There is no treachery if the attack is an impulse of the accused/passion
Antecedent Previous conviction of Service of sentence - Treachery must be present at the inception of the attack
FINAL judgment
Special aggravating – crimes against persons
Offenses Under the same title Need not to be
of RPC Qualifying circumstance – murder
Penalty No requirement as to Prior crime must have been
penalty in prev. penalize w/ an equal or greater Specific aggravating – serious physical injuries
conviction penalty or two or more crimes
w/ lighter penalty. 18. Ignominy – moral suffering; exemplified by “adding insult to the injury”
19. Unlawful entry/breaking of wall

c. Habitual delinquency - Within a period of 10 years from his release or last There is unlawful entry when an entrance is thru a way not intended for that purpose.
conviction; of the crimes of falsification, robbery, estafa, theft, serious/less It qualifies the crime of theft to robbery.
physical injuries, he is found guilty of said crimes a third time or oftener.
20. Aid of minors/use of motor vehicles
12. Price, promise reward – personal to the receiver
 The commission of a crime w/ the aid of a minor under 15
13. Inundation, Fire – if one of these circumstances was a means to kill, the
crime is murder and no longer aggravating.  Its commission by means of motor vehicles

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 21. Cruelty committed. A principal by indispensable cooperation may be  a  co‐
conspirator  under  the  doctrine  of  implied  conspiracy.  He  becomes  a 
To be aggravating, there must be evidence to show that the acts were done while the co‐conspirator  by  indispensable  cooperation,  although  the  common 
victim was ALIVE and that the offender delighted in the suffering of the victim. The design or purpose was not previously agreed upon.   
victim must suffer slowly and gradually causing unnecessary moral and physical If the cooperation is not indispensable, the offender is  only an accomplice.
pain.
Art. 18
Art. 15 – Alternative circumstances –either aggravating or mitigating.
Accomplice – is one who not being a principal cooperates in the execution of the
1. Relationship – the relationship exclusively included are that of spouse, offense by previous or simultaneous acts. Role in perpetration is of a minor
ascendant, descendant, legitimate or natural, brother or sister or relatives by character.
affinity within the same degree.
 It is aggravating in crimes against chastity. It is mitigating in crimes against To be an accomplice:
property, and robbery. It is neither aggravating/mitigating when they are
elements of a crime. Example: parricide, adultery, and concubinage. 1. Offender should take part in the execution of the crime by previous or
2. Intoxication simultaneous acts
2. He intends to take part in the commission of the crime
 It is mitigating if intoxication is not habitual, not subsequent to the plan to
commit a felony, and at the time the offense was committed, offender had Principal Accomplice
taken a quantity of alcoholic drinks as to blur his reason and deprive him of  A principal by inducement  An accomplice’s inducement
certain degree of control. Otherwise, it is aggravating. induces the other offenders to is not indispensable
3. Degree of Education/Instruction of the Offender commit the act in a way that  Minor cooperation
without inducement, the crime
GR: Lack or low degree of education is mitigating in all crimes. would not have been
XPN: Crimes against property, chastity, murder, homicide, rape, treason committed.
 Major cooperation
Art. 16 – Who are criminally liable:

1. Grave and less grave felonies – principals, accomplices, accessories Art. 19

2. Light felonies – principals and accomplices. Light felonies are punished
Art. 20
with arresto menor, accessories are punished two degrees lower than the
principal. Accessories – are those who:
Art. 17 a. Have knowledge of the crime
b. Without having participated therein
1. Principals by direct participation – materially execute the crime. Must
c. Take part subsequent to the crime in any of the ff:
appear in the crime scene to be liable.
1. By profiting/assisting the offender to profit from the effects of the
2. Principals by inducement (mastermind ) – inducer is generally liable as an
crime
accomplice. They are liable even if they did not appear at crime scene.
2. By concealing/destroying the body of the crime or effects to prevent its
Inducers can directly force in two ways: irresistible force and uncontrollable
discovery
fear. Inducers can directly induce in two ways: by giving a command
3. By harboring, concealing, assisting in the escape of the principal.
(precepto) or for a consideration (pacto) which constitutes the real and
moving cause of the crime.
3. Principal by indispensable cooperation – must be direct participation in the
criminal design by another act without which the crime could not have been

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Corpus delicti – body or substance of the crime and in its primary sense refers to the
fact that the crime has actually been committed:

1. The existence of a certain act or result forming the basis of the criminal
charge
2. The existence of a criminal agency as the cause of the act/result.

Two kinds of accessory by concealing/harbouring the offender:

1. A public officer who acts with abuse of public functions is liable whatever
crime may have been committed by the offender
2. A private individual if the author of the crime is guilty of treason, attempt
on the life of President, murder, parricide or is known to be habitually guilty
of another crime.

Accomplice
 Participates before or during
the commission of the crime
 Knows of the criminal design
of the principal.
 Provides material or moral aid
in efficacious way but not in
the manner indispensable for
the offense
 No exemption from liability
 Penalty is one degree lower
than the principal
Accessory
 Takes part subsequent to the
commission of the crime
 Knows the commission of the
offense
 Acts in three specific ways –
enumerated
 May be exempted from
liability per articles 19 and 20
and for light felonies under
article 16.
 Penalty is two degrees lower
than the principal.

Who are accessories exempt from criminal liability?

GR:

1. Spouse
2. Ascendant
3. Descendant
4. Legitimate, natural, or adopted brothers and sisters or relative by affinity
within the same degrees
DURATION OF PENALTIES
XPN: Not exempt if accessory profited from the effects of the crime or assisted the
offender in profiting by the effects of the crime. Such act is done because of greed, Penalties Duration
not because of filial affection. Reclusion Perpetua 20 years, 1 day – 40 years
Reclusion Temporal 12 years, 1 day – 20 years

CRIMINAL LAW WEEK ONE | micaellagarcia

 Prision Mayor and Temporary 6 years, 1 day – 12 years b. Cannot hold any public office during the period of the disqualification.
disqualification 4. Suspension from public office, profession 
or calling or the right of suffrage
Prision correccional, suspension, and 6 months, 1 day – 6 years
a. Disqualification  from  holding  such 
destierro
office or exercising such profession 
Arresto mayor 1 month, 1 day – 6 months or calling or right of suffrage during  the term of the sentence; 
Arresto menor 1 day – 1 month b. If suspended from public office, he  cannot  hold  another  office 
Bond to keep the peace Court’s discretion having  similar functions during the period  of suspension

CIVIL INTERDICTION – one of the restrictions on capacity to act; effects:

*Destierro – not a higher penalty than arresto mayor; it is the banishment or only a Deprivation of the following rights:
prohibition from residing within a radius of 25 kilometers from the actual residence
of the accused for a specified length of time. a. Parental rights
b. Guardianship over the ward
Computation: c. Martial authority
d. Right to manage property
 Offender is in prison – duration of the temporary penalties is from the day
e. and to dispose of the same by acts inter vivo
on which the judgment of conviction becomes final.
 Offender  not  in  prison  –  duration  of  Costs, what included - fees and indemnities in the course of the judicial proceedings
penalty consisting in the deprivation of 
liberty is from the day that the offender  is  placed  at  the  enforcement of  PECUNIARY LIABILITIES, ORDER OF PAYMENT: in case the property of
the  penalty  the offender should not be sufficient for the payment
 Other penalties – duration is from the day on which the offender commenc
1. The reparation of the damage caused.
es to serve his sentence.
2. Indemnification of consequential damages.
EFFECTS OF PENALTIES:
3. The fine.
1. Perpetual  or  temporary  absolute  disqualification from public office 4. The cost of the proceedings.
a. Deprivation  of  public  offices  and  employment, even if by election;   
b. Deprivation of the right to vote or  to be elected Fine – pecuniary punishment by a lawful tribunal upon a person convicted of a
c. Disqualification  for  the  offices  or  public  employments  and  for  crime. It is mandatory.
the  exercise of any rights mentioned
d. Loss of right to retirement pay or  pension  for  any  office  formerly  SUBSIDIARY PENALTIES, WHEN IMPOSED:
held
1. When  there  is  a  principal  penalty  of  imprisonment  or  any 
2. Perpetual  or  temporary  special  disqualification  from  public  office, 
other principal penalty and it carries with it a fine.
profession or calling: 
2. When penalty is only a fine.  (but he cannot pay the same
a. Deprivation  of  the  office,  employment,  profession  or  calling 
affected;   Computation of subsidiary penalties:
b. Disqualification for  holding  similar 
offices or employments perpetually  during the term of the sentence.  1. 1 day for each P8 but in no case to exceed 1 year
3. Perpetual  or  temporary  special  a. Purely a fine
disqualification for the right of suffrage Grave or less grave felonies – shall not exceed 6 mos.
a. Deprivation of the right to vote or  to be elected to any public office;  Light felonies – shall not exceed 15 days.

CRIMINAL LAW WEEK ONE | micaellagarcia

 b. Fine and imprisonment of not more than PC Confiscation and forfeiture of proceeds/instruments of a crime:
 1/3 of the principal penalty
 Every penalty imposed carries with it the forfeiture of the proceeds of the cr
 Quotient of fine divided by 8
ime  and the instruments or tools used in the  commission of the crime
 1 year
 Confiscation and forfeiture are in favor of the government
SP cannot be served if:  Property of a 3rd person not liable for the offense is not subject to confiscati
on and  forfeiture 
 Principal penalty is more than PC (6 years)  Property not subject of lawful commerce 
 Pp is other than prison sentence which is not of fixed duration (whether it belongs to the accused or 3rd  person) shall be destroyed
 Not expressly stated in the sentence to take place of the fine in case of
insolvency. PLURALITY OF CRIMES
 Sentence does not include fine
1. Complex crimes:
 Convict has means to pay the fine a. Compound crime/delito compuesto – single act constitutes two or more
grave/less grave felonies
b. Complex crime proper/delito complejo – when an offense is necessary
means to commit the other

Compound crimes, elements:

1. Single act is committed by the offender

2. Single act resulted to 2 or more grave and/or less grave felonies
3. Penalty provided is for the most serious in the maximum period

Example: single bullet successively killing two victims.

ACCESSORY PENALTIES
The basis of compound crimes is the singularity of an act – throwing hand grenade.
Reclusion Perpetua and Prision Mayor Prision Arresto
Complex crimes proper, definition:
Temporal Correccional
Civil interdiction for Temporary Absolute Suspension from Suspension of  When one offense is necessary to commit another. The two crimes thus
life/during period of disqualification right of public right to hold committed comprise one complex crime. The first offense is committed to
sentence. office office insure and facilitate the commission of the next crime.
Perpetual special
Perpetual absolute disqualification from Right to follow a Right of Cases wherein commission of two crimes will not result to ccp:
disqualification right of suffrage profession or suffrage during
calling term of 1. A crime to conceal another
sentence. 2. A crime which is an element of the other, the former shall be absorbed by
Perpetual special the latter (trespassing, an element of robbery)
disqualification 3. A crime which has the same element as the other crime (estafa and
from the right of falsification of private documents)
suffrage if 4. Intent to commit the second crime but the first act although also a crime is
duration of incidental to the commission of the second crime (abduction with rape)
imprisonment <
18 mos.

CRIMINAL LAW WEEK ONE | micaellagarcia

Rationale for single penalty: The penalty for the most serious crime is in the Continuing crime – offense which is continuing in time; where any of the
maximum period. Such penalty is beneficial to the accused because he is given only elements of the offense was committed in different localities, such that the
a single penalty. accused may be indicted in any of localities

2. Composite Crimes/Special complex crimes – crimes in the eyes of the  Rebellion, insurrection, conspiracy, proposal to commit
law are treated as single indivisible offenses althugh in reality they are made
up of more than one crime. Application of penalties:

Examples: robbery with homicide, robbery with rape, robbery with serious GR: Penalty prescribed by law in general shall be imposed upon the principals of a
physical injuries, arson with homicide consummated felony.

Composite Crime Complex Crime XPN: When the law fixes the penalty for frustrated or attempted felony 

 Combination of offenses is  Combo not specified Error in personae, when penalty to be imposed upon the principals when the
fixed by law  Penalty is not specific but it crime committed is different from that intended:
 Penalty for specified is for the most serious
combination of crimes is offense in its maximum  If penalty for the felony is higher than which the accused intended to
also specific period. commit – shall be imposed in its maximum period
 Even if there are more than  If there is more than one  If penalty prescribed for felony committed be lower than corresponding
one count of crime, there is count forming part of the act – penalty for the former shall be imposed in its maximum period
just one composite crime to complex crime, the first
 Abovementioned shall not be applicable if the acts committed by guilty
be charged. shall be complexed while
person shall also constitute an attempt/frustration of another crime.
 Light felony is absorbed the other counts may be
 Penalized in a single treated as separate Articles 50-57, summary:
provision of law  Light felony may be subject
 Offenses under special law to separate info Participation Consummated Frustrated Attempted
can become composite  Penalize by 2 provision of Principal Penalty imposed by -1 -2
law law
Accomplice -1 -2 -3
Accessory -2 -3 -4
3. Continued crimes/ delito continuado – impelled by a single criminal
impulse, commits a series of overt acts at about the same time in about the Effects of the attendance of mitigating or aggravating circumstances and of
same place and all the overt acts violate one and the SAME provision of habitual delinquency, rules: (on penalties)
law.
1. Aggravating circumstances that are not  taken  into  account  to increase the 
Single Larceny doctrine – theft cases; taking of several things, whether belonging to penalty are those which: 
the same or different owners, at the same time and place. a. In  themselves  constitute  a  crime  specially punished by law;
b. Are included by the law in defining 
Examples:
a crime and prescribing the penalty  therefore; or
 Theft of cows belonging to diff owners at the same place and time c. Are inherent in the crime. 
 Theft of 6 roosters belonging to two diff owners from same coop and time 2. Aggravating or mitigating circumstances 
that serve to aggravate or mitigate the 
liability of the offenders to whom such 
circumstances are attendant are which  arise from: 

CRIMINAL LAW WEEK ONE | micaellagarcia

 a. The moral attributes of the offender; Maximum period – 6 years
b. From his private relations with the  offended party; 
c.  From any other personal cause. 
3. Habitual delinquency
 Upon 3rd conviction – Prision correcional 
in its medium and maximum periods Imposition of fines, courts must consider:
 Upon 4th conviction – Prision mayor in its  medium and minimum
a. mitigating and aggravating circumstances
periods 
b. the wealth and means of the culprit
 Upon  5th  or  additional  conviction  – 
Prision mayor in its minimum period to  Reclusion  temporal  in  Penalty to be imposed when the crime committed is not wholly excusable
its  minimum  period.
 1 or 2 degrees lower if the majority of the conditions for justification or
Rules for application of indivisible penalties: exemption in the cases provided in Arts. 11 and 12 are present
Penalty is single and indivisible – applied regardless of the presence of aggravating Service of multiple sentences
and mitigating circumstances
Offender shall serve them simultaneously if the nature of the penalties permits
Penalty composed of two indivisible penalties: simultaneous service. Otherwise, the penalties shall be served successively in the
order of severity:
 One aggravating circumstance present – higher penalty
 One mitigating circumstance present – lower penalty 1. Death,
 Some mitigating circumstances present and no aggravating – lower penalty 2. Reclusion perpetua,
 Mitigating and Aggravating Circumstance are present – basis in number and 3. Reclusion temporal,
importance 4. Prision mayor,
5. Prision correccional,
Rules in which penalty is not composed of three periods (min,med,max) 6. Arresto mayor,
7. Arresto menor,
COMPUTATION, example: Prision Correccional (2 years, 4 months and 1 day to 6
8. Destierro,
years)
9. Perpetual absolute disqualification,
1. Subtract the minimum (disregard 1 day) from the maximum/duration of 10. Temporal absolute disqualification.
penalty 11. Suspension from public office, the right to vote and be voted for, the right to
6 years – 2 years and 4 mos. = 3 years, 8 mos. Or 44 mos. follow a profession or calling, and
2. Divide the difference by three to get duration of each period 12. Public censure.
44 mos/3 = 14mos. Or 1 year, 2 mos. And 10 days
Limitations:
3. Add the quotient to the minimum of each period:

Minimum: 2 years, 4 mos.  Three-fold rule – maximum duration of convict’s sentence shall not be more
than the three-fold the length of time corresponding to the most severe of
Duration: 1 year, 2 mos. 10 days penalties imposed to him. The maximum penalty is three times the most
severe or the total of penalties imposed, whichever is lower.
Maximum of minimum period: 3 years, 6 mos. 10 days  Max period shall not exceed 40 years
Minimum period: 3 year, 6 mos, 10 days

Medium period: 4 year. 6 mos. 20 days

CRIMINAL LAW WEEK ONE | micaellagarcia

 A. Mandatory
 Report to the designated officer within 72 hours after receipt of the order
 Report periodically to the officer at least once a month or sooner
B. Any discretionary conditions which the court may impose.

Rationale/Objectives:

 Promote correction and rehabilitation by giving individualized treatment

 Provide better opportunity to reform
INDETERMINATE SENTENCE LAW  Prevent further commission of a crimes as he is under the supervision of
It is a law which modified the imposition of penalties under the RPC and special officer
laws. Courts are mandated in imposing a sentence to fix a maximum and a minimum  Decongest jails
period of penalty. The minimum sentence must be served and then the convict  Save the government funds
becomes eligible for parole.
Probationable penaltly: Must not exceed six years (prision correccional)
Rationale: To avoid unnecessary, prolonged imprisonment, excessive deprivation of imprisonment
convicts which may result in economic wastefulness. Benefits both the offender and
Disqualified offenders:
the society.
1. Those sentenced to more than 6 years imprisonment
GR: ISL is mandatory
2. Convicted of subversion or any crimes against national security/public order
XPNs: 3. Previously convicted by final judgment of offense punished by
imprisonment of not less than 1 month 1 day and/or fine of not less than
1. Offenses punished by death/life imprisonment P200
2. Those convicted of treason, conspiracy, or proposal to commit treason, 4. Granted probation
misprision of treason, sedition, espionage, piracy 5. Already serving sentence
3. Habitual delinquents 6. Perfected an appeal
4. Those who escaped from confinement/evaded sentence
5. Those granted conditional pardon and who violated its terms Probation ISL
6. Those whose maximum period of imprisonment does not exceed one year  Must not be more than 6 years  Max period must be more than
7. Those already serving final judgment upon approval of ISL.  Penalty is imprisonment/fine 1 year
 Sentence is suspended  Penalty is imprisonment only
 Violation will cause entire  Minimum sentence to be
sentence shall be served served
PROBATION LAW
 Appeal forecloses probation  In case of violation, unexpired
Probation – a privilege; an act of grace, clemency or immunity conferred by the State  Available only once portion shall be served
which may be granted by the court to a deserving defendant who thereby escapes the  A privilege, convict must  Appeal has no effect on the
extreme rigors of the penalty imposed by law for the offense he stands convicted. apply for it operation of ISL
 It is available any time as long
Defendant under conviction and sentence is released to serve his sentence outside of as offender is not disqualified
prison subject to conditions by the court and under supervision of a probation officer.  Mandatory, convict need not
to apply.
Conditions:

CRIMINAL LAW WEEK ONE | micaellagarcia

 President, courts must take
judicial notice
EXTINGUISHMENT of CRIMINAL LIABILITY

1. Death of convict; pecuniary liability is extinguished if death occurs before PRESCRIPTION OF CRIMES – loss of right of the State to prosecute
final judgment offenders. Period of prescription cannot be extended. Once prescription has set
2. Service of sentence in, courts loses jurisdiction over the case. It starts to run from the discovery of
3. Amnesty the crime by the offended or the authorities or their agents.
4. Absolute pardon
5. Prescription of crime It is interrupted by the filing of the complaint/information/when the offender is
6. Prescription of penalty out of the country. Prescription runs again when proceedings are terminated w/o
7. Marriage of the offended woman under Art. 266-C and 344 acquittal or conviction for reasons not attributable to the offender.
8. Express repeal of penal law
PRESCRIPTION OF CRIMES Period of time
Instances where sentence may be served outside prison: destierro, arresto menor, 1. Reclusion perpetual/temporal 1. 20 years
probation, parole 2. Other afflictive penalties 2. 15 years
3. Correctional penalties 3. 10 year
Pardon by President Pardon by offended party 4. Arresto mayor 4. 5 years
 Extinguishes criminal liability,  Does not extinguish liability 5. Libel and similar offenses 5. 1 year
not civil except by valid marriage of 6. Oral defamation and slander 6. 6 months
 Given after final judgment offender and victim 7. Light offenses 7. 2 months
 Given prior to the institution
of the criminal case to be
effective PRESCRIPTION OF PENALTIES – loss of the right of the State to enforce
the sentence imposed on the convict by the lapse of time. It is commenced when
the convict evades service of sentence by escaping during the term of his
sentence.
Limits on Pardon power of the President:
It is tolled when the convict has given up, captured, goes to another country with
1. Shall be exercised after final conviction which the Philippines has no extradition treaty, and commits another crime
2. Does not extend to impeachment cases before expiration of prescription.
Amnesty Absolute Pardon PRESCRIPTION OF PENALTIES Period of time
 Applied generally to  To ordinary crimes & 1. Reclusion perpetual 1. 20 years
political crimes & offenders offenders 2. Other afflictive penalties – 2. 15 years
 Obliterates the effects of  Relieves the offender of reclusion temporal, 3. 10 years
conviction as if act was not penalty but the effects of disqualification and prision 4. 5 years
criminal conviction mayor 5. 1 year
 Concurrence of congress IS  Concurrence of congress not 3. Prision correccional,
required needed suspension and destierro
 Given even before  Given after final conviction 4. Arresto mayor
conviction  Benefits a specific 5. Arresto menor, public
 Benefits usually a class of individual censure
persons  It is a private act of the
 It is a public act of the President
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

CRIMINAL LAW WEEK ONE | micaellagarcia

 1. Conditional Pardon 1. Acquittal on the ground that accused is not the author of the act/omission
2. Commutation of the sentence complained of – closes door to civil liability. The civil lliability may be
3. Good conduct allowances which culprit may earn based on grounds other than the delict complained of.
2. Acquittal based on reasonable doubt of the accused – even if the guilt of the
Conditional pardon, requisites: accused has not been satisfactorily established, he is not exempt from civil
 Given after final judgment, must be accepted because of the conditions liability which may be proved by preponderance of evidence only. (Art 29,
which must be complied with strictly NCC)

Nature: A contract between the Chief Executive and the convicted criminal to Effect of acquittal of accused in a criminal action:
the effect that the former will release the latter subject to the condition that if he Bars the civil action where:
does not comply with the terms and conditions, he will be recommitted to prison
to serve the unexpired portion or an additional one. 1. The accused did not commit the acts impleaded to him.
2. He was not guilty of criminal or civil negligence.
Conditional pardon does not extinguish civil liability arising from the crime.
Acquittal will not bar the civil action in the ff. cases:
Commutation of sentence, effect: substituting the latter in the place of the
former 1. Based on reasonable doubt
2. Court declared that accused’s liability is not criminal but only civil in
Allowance for good conduct, deductions: nature.
1. During first two years – deduction is 5 days for each month 3. Civil liability does not arise from or is not based upon the criminal act
2. 3rd to 5th year – eight days for each month RULES ON CIVIL LIABILITY PARTICULAR CASES:
3. Until 10th year – ten days for each month
4. 11th and successive – fifteen days each month A. Insane, imbecile, under 9/over 9 under 15 but acted w/ discernment
 Primary liability – person who has control/authority over them, unless he is
Special time allowance for loyalty, requisites: without fault/negligence
1. Occurrence of disorder resulting from a conflagration, earthquake,  Secondary liability – if there is no person/insolvent, on the property of the
explosion or any other similar catastrophe in which the prisoner did not minor
participate B. One who avoided greater evil/injury
2. Convict must evade the service of his sentence  Primary liability – one who benefited from such avoidance. If there were
3. He must give himself up within 48 hours after the issuance of a several persons, court will determine the proportionate share.
proclamation by the Chief Executive announcing the passing away of such C. Irresistible force/Uncontrollable fear
calamity.  Primary liability – person causing fear

Shall be given a loyalty award equivalent to 1/5 of the period of his sentence by the SUBSIDIARY CIVIL LIABILITY
DOP.
 Based on employee-employer relationship
CIVIL LIABILITY FOR FELONIES
There must be a hearing to determine:
Every person criminally liable is also civilly liable. However if a person is acquitted
1. Existence of employer-employee relationship
from a criminal charge, does not mean he is civilly free because the quantum of
2. Employer is engaged in some kind of industry
proof required in a criminal prosecution is beyond reasonable doubt, in civil liability
3. Employee is adjudged guilty of the wrongful act and found to have
it is merely preponderance of evidence.
committed the offense in the discharge of his duties
Two kinds of acquittal:

CRIMINAL LAW WEEK ONE | micaellagarcia

 4. Employee is insolvent as shown by non-satisfaction of execution against the Temperate Damages – may be granted in lieu of actual damages if it is shown that
employee party suffered some pecuniary loss but the amount, from the nature of the case, be
5. The decision of conviction must be final approved with certainty.

WHAT IS INCLUDED IN CIVIL LIABILITY Life expectancy = 2/3 x [80-age at death]

1. Restitution – return of the thing itself whenever possible. Exemplary damages – if resulted in death, P50,000. Also known as
2. Reparation – if restitution is not possible. Court shall determine the amount punitive/vindictive/corrective damages, awarded in order to deter the commission of
of damage, taking into consideration the price of the thing and its similar acts in the future. It is designed to permit the courts to mould behaviour that
sentimental value. has socially deleterious consequences. It serves as a vindication of undue sufferings
3. Indemnification for consequential damages – shall include not only those and wanton invasion of the rights of the injured or punishment for those guilty of an
caused the injured party, but those suffered by his family or by a third outrageous conduct.
person by reason of the crime
Civil liability of a person convicted with rape when an offspring results from it:
Art. 2219, when moral damages can be recovered:
 Indemnify the offended woman
 A criminal offense resulting in physical injuries  Acknowledge the offspring
 Quasi-delicts causing physical injuries  Support the offspring
 Seduction, abduction, rape or other lascivious acts
 Adultery or concubinage
 Illegal/arbitrary detention or arrest
 Illegal search
 Libel, slander, other form of defamation

Moral damages – loss is incapable of exactness and no proof of pecuniary loss is

necessary for it to be awarded.

Civil obligations of the offender when unlawful act results in death:

1. Indemnity of death of the victim of the offense – fixed by the Court without
the need of any evidence
2. Indemnity for loss of earning capacity of deceased – fixed according to the
circumstances of deceased related to his actual income at time of his death
and probable life expectancy. If deceased was obliged to give support,
recipient which is not an heir may demand support from accused for not
more than 5 years.
3. Moral damages for mental anguish – may be recovered even by illegitimate
ascendants and descendants of deceased
4. Exemplary damages, when crime has one or more aggravating
circumstances – fixed in the discretion of court, separate from fines
5. Attorney’s fees & expenses of litigation – the actual amount thereof
6. Interests in proper cases
7. Actual damages – supported by receipts, such as hospitalization and funeral
expenses or temperate damages to substitute for actual damages.

CRIMINAL LAW WEEK ONE | micaellagarcia