DISTINCTIONS (Judge Campanilla Reviewer) Articles 1-20

MALA IN SE MALA PROHIBITA

Nature Inherently wrong or immoral Not inherently wrong
As to defense of good faith Good faith or lack of criminal intent is a Good faith is not a defense
defense
As to modifying circumstances Can be Appreciated GR: Not appreciated
XPN: the special law that punishes them
adopts technical nomenclature of the
penalties of the RPC
Law governing Punishable under RPC; or Punishable under special laws
Special laws where the acts punishable therein
are wrong in nature

MOTIVE CRIMINAL INTENT

Definition Moving power – w/c impels a person to do an act Purpose for using a particular means to bring
for a definite result about a desired result
As to being an element of the crime Not an essential element of a crime; Renders an act a felony
- need not be proven for purposes of conviction - general element of all intentional felony
- essential only when there is doubt as to the
identity of the accused
- or when the evidence is circumstantial or
inconclusive

MISTAKE OF FACT ERROR IN PERSONAE

Definition Mistake pertains to the elements of justifying,
exempting circumstances, or absolutory causes
(i.e. existence of unlawful aggression)
Existence of dolo Accused committed the act without dolo
– not criminally liable
– the modifying circumstances shall be considered
in his favor
Mistake merely pertains to the identity of the
victim
Accused acted with dolo
– he shall incur criminal liability
– for killing or injuring a victim
– although this victim is diff from the intended
victim
 ABERRATIO ICTUS ERROR IN PERSONAE
In both The victim (killed or injured) is different from that intended victim
Unintended victim Unintended victim was hit due to mistake of blow Unintended victim was hit due to mistake of
identity
Actual victim At least 2 victims Only one victim
Imposition of penalty GR: subject to Art. 48 GR: subject to Art. 49

ATTEMPTED FELONY IMPOSSIBLE CRIME

In both Offender did not commit the crime
External cause Some cause or accident other than his own Impossibility of accomplishing the crime or the
spontaneous desistance employment of ineffectual or inadequate means

ATTEMPTED FRUSTRATED CONSUMMATED

if he performs acts to execute his If he performs all acts necessary to Crime was produced
criminal intent execute or implement his criminal - all the elements necessary for its
- but fails to complete all acts required design execution and accomplishment are
for full execution thereof - but the crime was not produced present
- because of an external cause - due to external cause
External causes Some cause or accident other than his Causes independent of the will of thr - none
own spontaneous desistance perpetrator

Acts of Execution Offender performed directly an overt

act
- w/c is an act of execution
- but not enough to produce the
felony
Preparatory acts ------> Attempted Stage  ------> Frustrated Stage --------> Consummated Stage

(at this stage of subjective

phase, generally, there is
yet no criminal liability  
because the intention of
the perpetrator is not
yet determined).
Overt Acts
(These are acts which are already considered criminal in nature, hence, generally,
already punishable)

Subjective phase Objective phase

(In this phase, the perpetrator is liable only if the said (In this phase, the perpetrator already committed all the acts
perpetrator did not spontaneously desist from implementing of execution which would produce the crime. Meaning, it
his criminal design within the attempted stage of the already reached the frustrated and consummated stage and
execution thereof. By legal fiat, it can be said that the therefore, the accused is not allowed to retract from the effects
actor is still in control of his acts, including their natural of his acts.)
course.) 

CONSPIRACY AS A CRIME MODE OF INCURRING CRIM LIABILITY

PURPOSE To penalize the conspirators To apply the collective responsibility rule
Ground for liability For agreeing and deciding to commit a crime For committing a crime agreed upon if they
- provided that the law prescribes a penalty for such performed an act in furtherance of conspiracy
conspiracy
* Collective Responsibility
- all the conspirators are liable as co-principals
- regardless of the extent and character of their
respective active participation
- also liable for other crimes perpetratedin
furtherance of the conspiracy

* Mastermind
 - one who plans the commission of a crime
- liable as conspirator and principal by inducement
- impt.: inducement was the determining cause of
the commission

lighter than that for the present

Effects in relation to Ordinary aggravating circumstance
penalty - the presence of which will
require the application of the
penalty for the present crime in
the max period;
- unless offset by mitigating
circumstance
Special aggravating
circumstance;
- application of the penalty for
the present crime in the max
period;
- regardless of the presence of
mitigating circumstance
crime, there must be at least 3
crimes
Ordinary aggravating
circumstance
- the presence of which will
require the application of the
penalty for the present crime in
the max period;
- unless offset by mitigating
circumstance
Extraordinary or special
aggravating circumstance;
- imposition of penalty in
addition to the principal
penalty for the present crime;
- not subject to the offset rule
 DELITO CONTINUADO COMPLEX CRIME
(Continued Crime)
Acts performed There must be several acts committed under a single There must be single act constituting 2 or more
criminal impulse  crimes

Violation of Penal Provision Several acts are committed in violation of a single The crimes may be committed in violation of a
penal provision single penal provision or 2 penal provisions

Purpose To consider several acts as single crime (Art. 48) is to consider several crimes as single act

Single Larceny Doctrine

- the taking of several things
- belonging to the same or different owners
- at the same time and place
- constitutes but one larceny or theft

Note:
*specie of delito continuado
*specifically applicable to theft
*CRIMES AGAINST SEVERAL VICTIMS
(CRIMINAL IMPULSES)
1) to satisfy lust (rape)
- delito continuado will not apply
2) to deprive liberty
- shall not apply

* for purpose of applying delito continuado:

- one must consider the number of criminal impulses
to deprive liberty, and not the number of criminal
impulses to extort money

3) to steal or rob (theft or robbery)

- The number of criminal impulses will not depend on
the number of victims
- if the properties owned by different persons were
taken by the accused on a single occasion
 - there is a single criminal impulse to take them all
FOREKNOWLEDGE PRINCIPLE:
If the accused committed the first criminal act with
foreknowledge that he will commit the second
- the acts are constitutive of a conitnued crime since
the criminal acts could be said to have committed
under a single criminal intent or impulse

DELITO CONTINUADO CONTINUING CRIME

MEANING - is a single crime produced by several acts performed - one w/c is consummated in one place
separately - but by reason of the nature of the offense
- during a period of time - the violation of the law is deemed continuing
- under a single criminal intent
- in violation of a single penal provision
PURPOSE - to treat several acts committed under a single criminal - to determine the proper venue, validity of arrest and
impulse in violation of a single penal provision as one crime the commencement of the running of prescription

IRRESISTIBLE FORCE UNCONTROLLABLE FEAR

MEANS EMPLOYED offender uses violence or physical force to Offender employs intimidation or threat in compelling
compel another to commit a crime another to commit a crime

Directed against Made to operate directly upon the person of the Generated by threatened act directed against a third
accused person
Degree of Fear Injury feared of may be a lesser degree than that Evil feared of must be greater or at least equal to the
damage caused by the accused damage caused to avoid it

PROVOCATION PASSION VINDICATION

SOURCE OF MITIGATION Provocative act of the offended party Victim’s unlawful or unjust act by the Grave offense committed by the
offended party that produced offended party
- if more than one mitigating obfuscation or passion arising from a
circumstance arose from the same lawful sentiment
act or incident:
- they shall be considered as only one - passion cannot be appreciated is
mitigating circumstance committed in the spirit of revenge
(ratio: passion did not arise from
lawful sentiment)
- essence of vindication is taking
revenge because of the grave offense
committed by the victim

Both Provocation and Passion: - insult made in the presence of

Insulting statement against the several persons (grave offense
accused is not a basis to appreciate against honor)
passion or provocation
- elopement is a grave offense against
In all: family honor
- challenge to a fight may be a source
of vindication, provocation, and
passion

In re: self-defense (complete or

incomplete)
GR: not availing where unlawful
agression has ceased at the time of
commission of the crime

XPN: but prior unlawful agression

can be considered as:
1. Grave offense – basis of vindication
2. Unjust act – producing passion
arising from a lawful sentiment
3. Sufficient provocation
INTERVAL OF TIME Immediately precede the act Need not immediately be preceded May be proximate
- no interval of time (between the by unlawful or unjust act that - which requires that interval of time
provocation and the commission of produced the passion between the grave offense (by the
the crime - important: not far removed by a victim) and the commission of the
considerable length of time crime (by the offender)
- during which the perpetrator might
recover his normal equanimity