CRIMINAL LAW MIDTERMS REVIEWER 2.

Territorial
- criminal laws undertake to punish crimes committed within
GENERAL PRINCIPLES the Philippine Territory

TERMS
CRIMINAL LAW – branch or division of law which:
a. Defines crimes
b. Treats of their nature; and
c. Provides for their punishment
CRIME – act or omission punishable by law
FELONY- crime punishable under the RPC
OFFENSE- crime punishable under special laws
Malum in se (evil in itself) – crime or an act that is inherently
immoral
Malum prohibitum (prohibited evil) – an act that is a crime
merely because it is prohibited by law, the act itself is not
necessarily immoral
3. Prospective
- criminal law merely punishes crimes committed on or after
its effectivity.
Exceptions to the Prospectivity Principle
1. When the law is favorable to the accused;
2. When the law decriminalizes an act or grant an
amnesty
OTHER DOCTRINES AND PRINCIPLES
Pro Reo Doctrine “when in doubt, for the accused”
- where a law admits of several interpretations, one which is
favorable to the accused must be admitted.

Sources of Criminal Law Equipoise Rule

1. Revised Penal Code
2. Special Penal Laws passed by:
a. Philippine Commission
b. Philippines Assembly
c. Philippine Legislature
d. National Assembly
e. Congress of the Philippines
f. Batasang Pambansa
3. Penal Presidential Decrees issued during the Martial
Law
Limitations of the Power of the Congress to Enact Penal
Laws
1. No ex post facto law or bill of attainder shall be
enacted.
2. No person shall be held to answer for a criminal
offense without due process of law
3. Should not impose cruel and unusual punishment nor
should it impose excessive fines
4. Must be general in application and must clearly
define acts and omissions punished as a crime
- when the evidence of the prosecution and defense is equally
balanced, the scale should be tilted in favor of the accused
because of the presumption of innocence.
Nullum Crimen Nulla Poena Sine Lege
- there is no crime where there is no law that punishes it
Actus non facit reum, nisi men sit rea
- act cannot be criminal unless the mind is criminal
Actus me invito factus non est meus actus
- ac act done by me against my will is not my act
El que es casa de la cause es causa del mal causado
- he who is the cause of the cause, is the cause of the evil
caused.
Art 1: WHEN ACT TAKES EFFECT
RPC was approved on December 8, 1930 and took effect on
January 1, 1932.

Characteristics of Criminal Law Art. 2: APPLICATION OF ITS PROVISIONS

1. General
- it is obligatory upon all who live and sojourn in the
Philippine territory, subject to principles of PIL and treaty
stipulations
- persons not subject to operation of our criminal laws as per
PIL
a. Sovereigns and other heads of state
b. Charges d’affaires
c. Ambassadors
d. Ministers plenipotentiary; and
e. Ministers Resident
Blanket Diplomatic Immunity
- diplomatic representatives and their official retinue, possess
immunity from the criminal jurisdiction of the country of their
sojourn an cannot be sued, arrested, or punished by law of that
country.
Ratio: Suing a representative of a state is in effect suing the
state itself. Based on maxim par in parem, non habet
imperium (all states are sovereign equals)
Two Applications of the RPC
1. Intraterritorial – within the Philippine archipelago,
including its atmosphere, interior waters and
maritime zone
2. Extraterritorial- applied to crimes committed outside
the Philippine territorial jurisdiction
a. Commission of an offense while on Philippine
Ship or Airship
FRENCH RULE: recognizes flag or nationality of
vessel shall have jurisdiction except when the crime
violated the peace and order of the host country.
ENGLISH RULE: adheres strictly to the territoriality
principle or situs of the crime. Country of registry will
only have jurisdiction if it relates to internal
management of the vessel. (followed by the
Philippines)
b. Crimes committed on private or merchant
vessels found in Philippines territorial waters
 c. Forging or counterfeiting any coin or currency
note of the Philippines or obligations and
securities issued by the Government
d. Introduction into the Philippines of the of the
obligations and securities mentioned in the
preceding number
e. Public officers or employees who commit an
offense in the exercise of their functions
f. Commission of any of the crimes against
National Security and the law of nations
Special Laws with Extra-Territorial Application
1. Human Security Act of 2007
2. Anti-Trafficking in Persons Act of 2003
- the state shall exercise jurisdiction over trafficking of
persons even if committed outside the Philippines, the
crime being a continuing offense.
Art. 3: FELONIES
FELONIES- acts or omission punished under the RPC
ACT- any bodily movement tending to produce some effect in
the external world
OMISSION- inaction, failure to perform a positive duty which
one is bound to do.
ELEMENTS OF FELONIES
1. Act or omission
2. Such must be punishable by RPC
3. Malice or fault is present in the performance or
omission
Felony does not absorbed nor is absorbed by an offense. E.g.
BP 22 and Estafa; RA 9745 (torture) and murder; illegal
recruitment and Estafa
If the SPL allows absorption, then only one crime is
committed.
E.g. RA 7610 and Statutory Rape- case filed under RPC,
Human Security Act absorbs predicate acts like arson,
murder, kidnapping etc.
Offenses and Felonies cannot be complexed as Art. 48 does
not allow complexing of felony with offense.
Intentional Felonies
- act or omission of the offender is malicious, has the intention
to cause an injury to another
Requisites:
1. Freedom
2. Intelligence; and
3. Criminal Intent
Intent- the use of a particular means to bring about the desired
result. E.g. use of lethal weapon; nature, location and number
of wounds- shows the intent to kill
Motive- is the moving power or force which impels a person
to a desired result. E.g. vengeance
- Immaterial in determining criminal liability
Exception, when proof of motive is necessary:
a. When the act may give rise to variant crimes
b. There is doubt whether the accused committed the
crime
c. Identity of the accused is doubtful
d. Evidence on the commission of the crime is purely
circumstantial
e. Two conflicting theories of the incident present
f. Absence of eye-witness, when more than one person
is under suspicion
g. When act is alleged to be committed in defense of a
stranger.
h. Inconclusive evidence of the accused
Culpable Felonies
- act or omission is not malicious, injury cased is unintentional
as it being simply the incident of another act performed.
Requisites:
1. Freedom
2. Intelligence
3. Negligence, imprudence, lack of foresight, or
lack of skill
Negligence – indicates a deficiency of perception, failure to
pay proper attention and to use diligence in foreseeing the
injury, damage impending to be caused; usually involves lack
of foresight.
Imprudence – indicate a deficiency of action; failure in
precaution or failure to take necessary precaution once the
danger or peril becomes foreseen.
Mistake of Fact
- misapprehension of fact, which if true, would justify the act
of omission committed.
- not criminally liable as he acted without criminal intent
Requisites as a defense:
1. Mistake be honest and reasonable
2. It be a matter of fact; and
3. Negates the culpability required to commit the crime
or the existence of the mental state
Plurality of Crimes
- consists in the successive execution by the same individual
or different criminal acts upon any of which no conviction has
yet been declared.
a. Complex Crimes under Art. 48
b. Composite of Special Complex Crimes
c. Continued or Continuous Crimes
d. Continuing Crimes
Types of Plurality
1. Ideal Plurality, concurso ideal
- Occurs when a single act gives rise to carious
infractions of law. E.g. Complex crimes Art. 48
2. Real Plurality, concurso real
- arises when the accused performs an act or different
acts with distinct purposes and resulting in different
crimes which are juridically dependent.
Art. 4: CRIMINAL LIABILITY
Two kinds of Offender
Par. 1: Those who commit a felony whether dolo or culpa
Requisites:
a. Accused must be committing an intentional felony
b. Felony committed is the proximate cause of the resulting
injury
Proximate Cause- cause in which in the natural and
continuous sequence, unbroken by any efficient
intervening cause, produces the injury and without which
the result would have not occurred.
Efficient Intervening Cause- one not produced by a
wrongful act or omission, but independent of it and
adequate to being injurious results.
- any cause intervening between the first wrongful case
and the final injury
Causes which Produce a result different form that
intended by the Offender
1. Error in personae (mistake in identity)
2. Mistake of Fact (no intent to commit a crime)
3. Aberratio Ictus (mistake in the blow)
4. Praeter Intentionem (so grave than intended)
5. Proximate cause
Par 2: Those who commit an impossible crime
Impossible Crime- one where the acts performed would have
been a crime had it been not of the inherent impossibility or
employment of ineffectual means.
- there is intent to commit a crime, but NO crime is committed
- no attempted or frustrated stage, always consummated and
applies only to grave or less grave felonies.
Elements of an Impossible Crime
1. Act done would have been an offense against person
or property
2. Act was done with evil intent
3. Accomplishment is inherently impossible or means
employed is inadequate or ineffectual
4. Act performed should not constitute a violation of
another provision of the RPC
Art. 5: DUTY OF THE COURT
Par. 1: Acts which should be repressed bit which are not
covered by law:
Requisites:
1. Act committed by the accused appears not punishable
by any law
2. Court deems it proper to repress such act
3. Court must render the proper decision by dismissing
case and acquitting accused
4. Judge must make a report to the Chief Executive,
through Sec. of Justice stating the reasons which
induce him to believe that the said act should be
made subject of penal legislation.
Par. 2 Excessive Penalties
Requisites
1. Court after trial finds the accused guilty
2. Penalty provided by law appears to be clearly
excessive because:
a. Accused acted with lesser degree of malice
b. There is no injury, or injury is of lesser gravity
3. Court should not suspend the execution of sentence
4. Judge should submit a statement to the Chief
Executive through the Sec. of Justice recommending
executive clemency.
Executive Clemency – power of the president to pardon a
person convicted of a criminal offense, or to commute the
related sentence, or reduce it to a lesser sentence.
Art. 6: Stages of Execution of a Crime
I. Attempted Stage
II. Frustrated Stage; and
III. Consummated Stage
Present in material crimes, but not in:
1. Formal crimes which is consummated by a single act (E.g.
perjury, false testimony, slander, physical injuries)
2. Felonies by omission as the offender does not execute any
act (E.g. Misprision of Treason).
3. Offenses punished by special laws
4. Impossible Crimes
5. Crimes Consummated by mere attempt
6. Crimes Committed by mere agreement
Stages of Development of a Crime
1. Internal Acts – mere ideas in the mind of a person, not
punishable as mere intention produces no effect.
2. External Acts – physical or sensibly perceptible side of a
human action, covers preparatory acts, overt acts, and acts
of execution.
Preparatory Acts – initial acts of a person who has
conceived the idea of committing a crime, but which
cannot by themselves logically ripen into a concrete
offense (not an attempted stage, not punishable
unless provided by law)
Overt Acts- some physical activity or deed,
indicating the intention to commit a particular crime,
more than a mere planning or preparation, which if
carried to its complete termination will logically and
necessarily ripen into a concrete offense.
Acts of Execution – punishable under the RPC
Two Phases of a Felony
1. Subjective Phase
- that portion of the acts constituting the crime included
between the acts which begins the commission of the
crime and the last act performed by the offender which
with prior acts, should result in the consummated crime.
- after that point has been breached, subjective phase ends
and objective phase begins.
- if offender never passes subjective phase, the crime is
merely attempted.
- exists in the attempted stage because the offender could
perform all acts necessary to produce the felony or he
may desist.
2. Objective Phase
- starts from the time the offender has performed all acts
necessary to accomplish the crime because there is nothing
more he needed to do to accomplish his crime.
- crime no longer depends on the subject (offender) but will
run on its own course and result to either frustrated or
consummated felony.
Factors in determining Stages of Execution
1. Manner of committing the felony
2. Elements constituting felony; and
 3. Nature of the Offense Evil intent is accomplished
Evil intent is possible of accomplishment Evil Intent Not
STAGES OF EXECUTION OF A FELONY (DISCUSSION) possible
I. ATTEMPTED STAGE
Non- Non- Non-
- There is an attempt when the offender commences the accomplishment is accomplishment is accomplishment is
commission of a felony direct by overt acts, and does not caused by cause or caused by causes caused by inherent
perform all of the acts of execution by reason of some cause or accident other than independent of the impossibility or
accident other than his own spontaneous desistance. his own spontaneous will of the means employed is
Elements: desistance. perpetrator. inadequate or
a. Offender commences the commission of the felony ineffectual.
directly by overt acts;
b. Does not perform all acts of execution which should
produce felony; Not all acts of All acts of execution
c. Offender’s act is not stopped by his own spontaneous execution had been had been done
desistance; and done
d. Non-performance of all acts was due to cause or Subjective phase as Already in objective
accident outside his will or control he still has control phase.

Indeterminate Offense- one where the purpose of the offender
in performing an act is not certain.
Desistance- acts of discontinuing the execution of the felony
which will negate criminal liability of the offender when done
during the attempted stage.
Legal Desistance- obviate criminal liability, unless
preparatory acts is already committed, made during
the attempted stage
Factual Desistance- actual desistance, still liable for
the attempt, no effect as desistance referred to by law
is only at the attempted stage.
Spontaneous Desistance is exculpatory if:
a. made during the attempted stage
b. acts already committed do not constitute any offense
II. FRUSTRATED STAGE
- when the offender performs all the acts of execution which
would produce the felony as a consequence but which
nevertheless, do not produce it by reason of causes
independent of his will.
Elements:
a. Offender performs all acts of execution
b. Such would produce the felony as a consequence
c. But felony is not produced; and
d. Reason of causes independent of his will
Art. 7: Light Felonies
- these are infractions of law which the penalty of arresto
menor or a fine not exceeding Php 40,000 or both is
prescribed.
Light Felonies under the RPC
1) Slight Physical Injuries, Art. 266
2) Theft, Art. 309 (7) and (9), when the value of the things stolen
does not exceed Php 500, and committed under the
circumstances under Art 308 (3)
3) Alteration of boundary marks, Art. 313
4) Malicious Mischief, when value of the damage does not
exceed Php 40,000 or cannot be estimated
5) Intriguing against honor, Art 364
As per Art. 16, only the principal and the accomplices are
liable. Accessories are not punishable because light felony is
penalized with arresto menor.
NOTES:
GR: Light felonies are only punishable when they have been
consummated. Ratio: If not consummated, wrong done is so
slight that there is no need for penalty at all.
Exception: if committed against persons or property, it shall
be punishable even if attempted or frustrated only.
- e.g. Slight Physical Injuries (always consummated, leaving
the exception unnecessary)

Felonies without Frustrated Stage Art. 8: Conspiracy and Proposal to Commit Felony
1. Rape Conspiracy exists when two or more persons come to an
2. Adultery agreement concerning the commission of a felony and decided
3. Indirect Bribery to commit it.
4. Direct Bribery
5. Corruption of Public Officers NOTES:
6. Physical Injury GR: Mere conspiracy or proposal to commit a felony is not
7. Theft punishable since they are only preparatory acts.
Exception: When law specially provides a penalty therefor.
III. CONSUMMATED STAGE When Mere Conspiracy is punishable
- when all elements necessary for its execution and Under RPC (TRICSM)
accomplishment are present. 1. Treason
- Offender does not have to do anything else to consummate 2. Rebellion
the offense 3. Insurrection
4. Coup d’etat
DISTINGUISHED 5. Sedition
6. Monopolies and combination in restraint of trade
ATTEMPTED FRUSTRATED IMPOSSIBLE
Under Special Laws (DEAR ATe)
1. Selected acts under Dangerous drugs acts
2. Espinage
3. Illegal association
4. Highway Robbery
5. Arson
6. Terrorism under Human Security Act
The act of one, is the act of all
Once conspiracy is prove, the act of one is considered the act
of all.
Exception: When one or some conspirators committed some
other crim which are not part of the intended crime.
Exception to the Exception:
1. When one stands guard or lends moral support to actual
perpetration of crime, he is criminally liable to the same extent
as actual perpetrator
2. When the other crime is the natural consequence of the
crime planned.
3. When the act constitutes single indivisible offense.
Doctrine of Implied Conspiracy
Conspiracy is implied when the malefactors have a common
purpose and were united in its execution. Spontaneous
agreement or active cooperation by all perpetrators at the
moment of the commission of crime is sufficient to create
joint responsibility.
- co-conspirator must do an act which shows his unity of
purpose and design, mere presence in this situation is not
enough.
Arias Doctrine
All heads of offices have to rely to a reasonable extent on their
subordinates and on the good faith of those who prepare bids,
purchase supplies, or enter into negotiations. Thus, one who
signs or initials documents in the course of transit on the
conduct of agency’s SOP does not automatically become a
conspirator.
It is not necessary to show that all the conspirators actually
committed all the elements of the crime charged, what is
important is that all of them performed specific acts with such
closeness and coordination as to indicate an unmistakably
common purpose or design.
Two Structures of Conspiracy
Wheel Conspiracy
- where there is a single person or group (the hub) dealing
individually with two or more other persons or groups (the
spokes).
Chain Conspiracy
- where there is successive communication and cooperation in
much the same way as with legitimate business operations.
- common in distribution of narcotics or contrabands
Proposal exists when the person who has decided to commit a
felony proposes its execution to some other person or persons.
Requisites:
a) A person has decided to commit a felony; and
b) He proposes its execution to some other person or
persons
When Mere Proposal is Punishable (TRIC)
1. Treason
2. Rebellion
3. Insurrection
4. Coup d’etat
Proposal to commit a felony is not punishable when:
1. Person who proposes is not determined to commit
felony
2. There is no decided, concrete and formal proposal but
mere suggestion
3. It is not the execution of a felony that is proposed.
Art. 9: Classification of Felonies according to Gravity
Grave Felonies – to which the law attaches capital
punishment or penalties in any of their periods are afflictive,
in accordance with Art. 25. These are:
1. Reclusion Perpetual
2. Reclusion Temporal
3. Perpetual or Temporary Absolute Disqualification
4. Perpetual or Temporary Special Disqualification
5. Prision Mayor
6. Fines of more than Php 1,200,000
Less Grave Felonies – to which the law punishes with
penalties which in their maximum period are correctional, as
per Art 25 of the Code. These are:
1. Prision Correccional
2. Arresto Mayor
3. Suspension
4. Destierro; and
5. Fines > Php 1,200,000 but more than Php 40,000
Light Felonies – infractions of law which the penalty of
aresto menor and/or a fine not exceeding Php 40,000 is
provided.
NOTES:
Importance of Classification
- to determine if they can be complexed
- to determine prescription of crime and penalty
- to determine duration of subsidiary penalty
- to determine duration of detention in cause of failure to post
bond
- to determine whether or not the person in authority or his
agents have committed delay in the delivery of detained
persons to the judicial authority
- to determine the proper penalty for quasi-offenses.
Art. 10: Offenses not subject to RPC
GR: Special Laws are not subject to the provisions of the
RPC. Thus, the circumstances affecting criminal liability are
not applicable to violations of Special Laws.
Exception: RPC, shall have supplementary application to the
SPLs whenever the latter uses the nomenclature of penalties in
the RPC, an indicia of the intent of congress to make it apply
suppletorily.
Exception to the Exception:
- When the Special Law expressly prohibits supplementary
application
- When the provisions of the RPC are impossible to apply,
either by express provision or by necessary implication.
Responsibility – is the obligation of taking the penal and civil
consequences of the crime.
Guilt – an element of responsibility, for a man cannot be
made to answer for the consequences of a crime unless he is
guilty.

Suppletory Application of RPC, when SPL is silent re:
1. Principle of Conspiracy
2. Definition of Principals, accomplices and accessories
3. Measures of prevention or safety
4. Subsidiary penalty
5. Concept of Delito Continuado
6. Rules on service of Sentence
7. Threefold Rule
8. Rules on Civil/Pecuniary liabilities
9. Civil liability
10. Rule on the delay in the delivery of detained
prisoners
MODIFYING CIRCUSMTANCES
Those which increases or decreases the penalty in accordance
with the presence or absence of circumstances showing the
moral, emotional, and mental state of the offender.
Confession and Avoidance in Nature – justifying and
exempting circumstances are both in this nature. The accused
is confessing to the commission of the act, but seeks to avoid
criminal liability.
Beneficial provisions are strictly construed against the
accused, thus these rules are observed.
i) All elements present- not criminally liable as per Arts
11 and 12
ii) Majority of elements present- benefit of privileged
mitigating (Art.69)
iii) Only one element is present- offender is given an
ordinary mitigating circumstance.

I. Justifying Circumstances (Art.11)

II. Exempting Circumstances (Art.12)
III. Mitigating Circumstances (Art.13)
IV. Aggravating Circumstances (Art.14)
V. Alternative Circumstances (Art.15)

Absolutory Cause – exempting circumstances outside Art. 12

1. Instigation due to public Policy
2. Spontaneous Desistance (Art. 6)
3. Attempted or frustrated Light Felonies except those
against persons or property (Art. 7)
4. Accessories in Light Felony (Art. 16)
5. Certain relatives who acted as accessories to the offenders
(Art. 19)
6. Injuries except serious Physical Injuries (Art. 247)
7. Those covered by Art. 332 in crimes of theft, swindling or
malicious mischief committed or caused mutually by:
a. Spouses, ascendants and descendants, or relatives by
affinity in the same line.
b. Widowed spouse with respect to the property which
belonged to the deceased spouse before it has passed
into the possession of another.
c. Brothers and sisters; and brothers-in-law and sisters-
in-law if living together.
8. Somnambulism due to lack of intelligence
9. Mistake of fact due to lack of Intent
10. Total repeal of law which decriminalizes an act.

Extenuating Circumstances – mitigating circumstances not

found in Art. 13
a. Abandonment of wife by husband (Art. 333 par 3)
b. Concealment of Dishonor in abortion (Art. 255)

Imputability – it is the quality by which an act may be

ascribed to a person as its author or owner. Implies that it has
been freely and consciously done and may therefore be put
down to the does as his very own.