1L- Iris Angela S.

Lat
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Criminal Law 1

1. Facts that illustrates material crimes:

1. When A directly sold marijuana to B. (prohibited under RA 9165)

2. When A uttered defamatory words against B through Facebook Live.
(Slander)
3. When A states to the public and to the court that B is a murderer, when in
fact he is not. A was merely influenced by his great irritation to B, and
did not base his testimony to the real events. (False testimony)
4. A was married with B, while C was married with D. All of them were
neighbors. Late at night, A rendezvoused with C to have a sexual
intercourse when their spouses were already asleep. (Adultery)
5. A exposes and shows his male organ to B who was a stranger in a
jeepney vehicle to express his sexual desire. (Acts of lasciviousness)
6. A provided a shelter to the armies of the enemy state to stay, meet and
plan the attack against A’s own country. (Treason)

Explanation:

The facts provided acts that are directly consummated and has no other stages of
execution, hence it is a material crime.

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 1L- Iris Angela S. Lat
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2. Facts that illustrates formal crimes

1. A, with intent to kill B, fired shots at the latter but because of A’s poor
eyesight, B’s skin was only slightly grazed by the bullet. (Frustrated
murder)
2. A, voluntarily enters his male organ to the labia of her daughter B despite
the latter’s refusal. (Consummated Rape)
3. A mixes alcohol to B’s soup. C finds out and prevented B from
swallowing the soup. (Attempted Murder)

Explanation:

Crimes requires stages of execution—attempted, frustrated and

consummated. Hence, facts above constitutes formal crimes since it can pass
to three stages.

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3. According to Article 7 of the Revised Penal Code, Light felonies are

punishable only when they have been consummated, with exception of those
committed against persons or property.

Therefore, criminal acts against persons or property even if it is attempted or

frustrated are still punishable. Such instances are:

1. When A, because of his ebullient temper and wanting to kill B, drags and
tries to push B in an edge of the rooftop while saying “papatayin kita” but
C intervenes and got hold of both A and B away from the edge.
(attempted homicide)
a. If B was slightly bruised from the overt act of A, A can be then
liable for attempted homicide resulting to slight physical injuries.
b. If A successfully pushed B without intervention of C, and B was
inflicted with mortal wounds but was saved through an
intervention of a physician, A can be liable for frustrated murder,
which is a different matter in this case since it can institute a
different afflictive penalty not provided under light felony.

2. When A, because of pandemic and the need to attend online classes, tries
to stole B’s tablet (a Huawei Tablet not exceeding 500 pesos) within B’s
property: when A was about to hold B’s bag to search for the said tablet,
A got caught by B and grabbed him by his hands. (attempted theft)

3. When A, with intent to burn B’s house, sets fire to the rags outside which
did not reached the surface of the walls and floors of B’s house.
(frustrated arson)

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 1L- Iris Angela S. Lat
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Criminal Law 1

4. Light felonies not consummated are not punishable by the RPC such as:

1. When A plans to alter the boundary marks of Municipality X and

Municipality Y as a prank for his Tiktok fans, but did not execute such
plan due to curfew ordinance at that time.

2. When lawyer A, because of his annoyance to lawyer B, drafted an article

in MS Word about how B was a womanizer. It was however not
published in A’s private blog and was eventually deleted in her device
after sudden realization.

3. When A, wanting to kill B out of jealousy, puts a poison to B’s drink but
later on desisted in his own will and throw the said poison to prevent B
from drinking it.

These are not punishable by the RPC since there was no final stage or execution of
the act; an element of desist was also present in this case, incurring no criminal
liability thereof.

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5. Under Article 8 of the RPC, Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially provides a penalty
therefor.

Proposal to commit a crime is punishable when:

1. X, a Filipino, plans to help the enemy state North Korea during war.
Upon preparing for his move, X saw his friend Y. X then call Y and
proposes to help the enemy state to gain monetary benefit from its
President. (punishable under Art. 115 of the RPC)
2. X plans to hijack the vehicle of the Senator Y and Z to estopped it from
voting to proposed Anti-terrorism Bill. Since X couldn’t do it alone, he
proposes his plan to Y and Z for its execution. (punishable under Art.
136)
3. X, an army, plans to oust the Commander in the 4th Batallion and
overthrow the Republic of the Philippines through violence with the help
of the other armies. Hence, he proposed it to his division which includes
Y and Z. (punishable under Art. 136)

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 1L- Iris Angela S. Lat
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6. Conspiracy to commit a crime is punishable when:

1. A, a detainee, escaped the cell during the war and conspired with B to
inform the enemy state about the plans of their country. (this is
punishable under Art.115 of the RPC)
2. E, a treasurer in the Bangko Sentral ng Pilipinas, planned and propose to
A, B, C and D, her plan to abduct her co-employees inside the BSP to
control the power of the BSP to produce money through use of firearms
and nuclear weapons. A, B, C, D, agreed with E to commit the crime.
(punishable under Art.136)
3. A and B, both members of the army, made a pact to leave their division
and go to the Oakwood Condominium to publicly announce through the
media to oust the President and overthrow the government. C, their
commander in the army, later on found out about A and B’s agreement
hence he precluded them from leaving. (punishable under Art.136 and
141)

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 1L- Iris Angela S. Lat
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7. Classification of Felonies:

Grave Felonies Less Grave Light Felonies

Felonies
Those which the law Those which the Those infractions
attaches Capital law punishes with of law or the
punishment or Prison correctionalcommission of
penalties which in as the maximum which the penalty
any of their periods period. of Arresto menor
are afflictive in or Fine not
accordance with Art. exceeding 40,00
25 of the RPC. pesos, (as amended
by R.A. 1095) or
both is provided.
Ex: Death penalty. • Prision Ex: Gambling,
(but Former Pres. correccional Theft (property
Arroyo ratified the • Arresto value not
international protocol Mayor exceeding to 500
that prohibits death • Suspension pesos), Slight
penalty. On 2006, • Destierro physical injuries,
Former Pres. Arroyo alteration of
abolished the death boundary marks,
penalty) Hence, it malicious
was subdued to mischief,
lifetime intriguing against
imprisonment. honor.

Felonies constituting
grave felonies:
consummated
murder, homicide,
rape resulting to
death of a person,
treason and crimes
against the state,

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threat to the national

security.

When two or more Fine is more than

penalties are 40, 000.
provided, the higher
or highest will be
considered as the
afflictive penalty.
Afflictive penalties in
accordanc with Art
25 are:
• Reclusion
perpetua
• Reclusion
temporal
• Perpetual or
temporal
absolute
disqualification
• Perpetual or
temporary
special
disqualification
• Prision mayor
(the highest
and can be
considered
afflictive
penalty among
the other)

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 1L- Iris Angela S. Lat
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8. Rules in Statutory Construction regarding Article 10 of the RPC:

Art. 10. Offenses not subject to the provisions of this code – Offenses which are or
in the future may be punishable under special laws are not subject to the provisions
of this Code. This code shall be supplementary to such laws, unless the latter
should specially provide the contrary.

First clause

General rule in statutory construction: Lex specialis derogant generali

 special legal provisions prevail over general ones.

Hence, the first clause should be understood to mean only that the special penal
laws are controlling with regard to offenses therein specifically punished.

Second clause

• Contains the soul of the article.

• The main idea and purpose is for the code to supplement special laws, unless
the latter should specifically provide the contrary. (Ladonga v. People)
a. These special laws are penal laws which punishes acts not defined and
penalized by the Penal Code. It is a statute enacted by the Legislative
branch, penal in character, and which is not an amended to the RPC.
b. Supplementary means supplying what is lacking.

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 1L- Iris Angela S. Lat
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Criminal Law 1

9. An accused can validly raise defense under Art. 11, par. 1 when there is an:
1. Unlawful aggression,
2. Reasonable necessity of the means employed to prevent or repel it;
3. Lack of sufficient provocation on the part of the person defending
himself.

Instance 1:
X, on his way to work as a butcher, saw Y boxing Z. X then grabbed Y’s
hand to stop it from boxing Z. However, Y grabbed his revolver and aimed it
towards X for being “nosy”. When Y was about to click his gun, X being
threatened, grabbed his chef’s knife and stab Y.

Instance 2:
X and Y were known enemies in their barrios for alleged jealousy over their
common crush. X , one day, saw Y and shouted “Papatayin kita bukas!” Day
after, X rushed to Y who was just standing beside a sari-sari store and
attacked it with a bolo. On X’s second attempt to attack Y, Y managed to
grab a wooden block behind him and hit X to prevent the said attack.

Instance 3:
X had a secret crush with Y. Then one night, X went to Y’s home and
embraced Y while touching Y’s private parts without consent. Y struck a
blow against X causing the latter’s head to hit on the bedframe and suffer
from hemorrhage.

Explanation:
Under the instances provided, requisites of self-defense are present such as
there is unlawful aggression since there was a threat that may led to the death
or injury of the accused. The accused under said instances, also resorted to the
means that they have, such as the use of knife, which is used merely for self-
defense and not to intentionally kill the deceased.

Burden of proof rests upon the accused and he has the duty to establish the
self-defense. He must rely on the strength of his own evidence and not on the
weaknesses of that for the prosecution. (People v. Clemente)

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10. There is an absence of complete self-defense when unlawful aggression is

absent since there will be no basis for the 2nd and 3rd requisite of a valid self-
defense.

Examples:
• A and B were close friends. A met B and greet him through a “foot-
kick greeting” causing the latter to slip and suffer from injury.
• A struck a blow to B. A then stop and leave B. B run towards and
shoot A with his revolver.
• A killed B and was accused of crime of murder. 10 years after, C, the
brother of B, attacked and kill A as a revenge.

11. Concept of unlawful aggression

The concept of unlawful aggression was defined in People v. Alconga

wherein it states that unlawful aggression is equivalent to assault or at least
threatened assault of an immediate and imminent kind.

There is an unlawful aggression when the peril to one’s life, limb or right is
either actual or imminent. There must be actual physical force or actual use
of weapon. (People v. Crisostomo)

• There is an actual peril to one’s life when a danger is present and is

actually in existence.
• It is imminent when the danger is on point of happening or a person is
attacked.

There is no unlawful aggression when there is no imminent and real danger

to the life or limb of the accused. Absence of such will not justify the self-
defense since there will no basis for 2nd and 3rd requisite of the said defense.

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12. Principle of Self-preservation

The principle of self-preservation, according to medium.com, is the idea that all

living beings are more inclined to do that which will result in the survival of their
species even in the face of outright war.
(https://medium.com/@theRLtoddspring/the-self-preservation-principle-of-men)

Author Reyes, likewise emphasizes what was beneath the principle in regard to the
effect of Battery on Appellant, which is the learned helplessness: According to
Martin Seligman, a psychologist, “even if a person has control over situation, but
believes that she does not, she will be more likely to respond to that situation with
coping responses rather than trying to escape” (Revised Penal Code, Reyes, 2017)

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 1L- Iris Angela S. Lat
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Criminal Law 1

13. An accused can validly raise defense under Art. 11, par. 2.

Instance 1:
Husband A heard the cries of his Wife B from a distance. Husband A rushed
and saw C on top of B. Hence, Husband A grabbed his bolo and hacked C
on the neck causing him to die.

Instance 2:
A saw his brother B being strangled and choked up by a gang to give his
school lunch. A threw a big stone to C, the leader of the gang, to stop it from
hitting his brother who was suffering already from asphyxia and seizures due
to choking. C then fell and die.

Explanation:
Instances above includes parties that within the sphere of relatives that can
be defended such as the spouse and the legitimate brother.

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 1L- Iris Angela S. Lat
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14. Persons who may be covered by defense under Par. 2 of Article 11 of the
RPC:

1. Spouse
a. Common instance is when there is a crime of rape, and the
husband is acting in defense of his wife, against the sexual
offender.
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity
in the same degrees.
a. Relatives by affinity includes those, because of marriage, are
parents-in-law, sons or daughters-in-law, or brothers and sisters-in-
law.
5. Relatives by consanguinity within the fourth civil degree.
a. Acting in defense of the husband of your sister-in-law cannot be
justified under Par.2, Art.11 since it exceeds to the fourth civil
degree requirement. But it can be justified through Par.3 of the
same Article for defense of a stranger.

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 1L- Iris Angela S. Lat
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Criminal Law 1

15. An accused can validly raise the defense under Par. 3 of Art. 11 of the RPC.

Instance 1:
A entered a pawnshop and arrested B, an employee. C, the co-employee,
saw that A was about to fire his gun to B. C shoot A to preclude it from
shooting B, his co-employee.

Instance 2:

A saw B raising out his pistol and ready to discharge towards C. When B
was about to click the pistol, A intervenes and smash B’s head with a
wooden pellet.

Explanation:
The accused had overted such act as only to defend and protect other people
whom they saw are in threat. These people are not in relative with the
accused hence it can be qualified in the instances provided under Par. 3 of
Art. 11 of the RPC

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