Criminal Law Review Lecture Notes c.
Prospective
Judge Wagan
3 Theories in Criminal Law
a. Classical or Juristic Theory
- The basis of Criminal liability is human free will
- purpose of penalty is retribution
b. Positivist theory or Realistic theory
- The crime is essentially a social and natural
phenomenon thus it cannot be treated and
checked by applying law and jurisprudence nor by
imposition of a punishment, fixed and determined
a priori
- purpose of penalty is reformation
c. Eclectic or Mixed theory
- combination of both classical and positivist
- our code is considered eclectic
d. Utilitarian or Protective Theory
- the primary function of punishment is to protect
society from potential and actual wrongdoers
Legal Maxims
a. Nullum crimen nulla poena sine lege - there is no crime
when there is no law that punishes it
b. Actus non facit reum, nisi mens sit rea - the act cannot
be criminal unless the mind is criminal
c. Actus me invito factus non est meus actus - an act
done by me against my will is not my act
d. In dubio, pro reo - when in doubt, for the accused (Pro
reo doctrine)
Characteristics of Criminal Law
a. General
b. Territorial
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GENERAL
- obligatory upon all who live or sojourn in PH territory
- Exceptions:
a. Treaty Stipulations
b. Law of preferential Application
c. Principle of Public International Law
- English Rule = Crimes in Foreign Merchant Vessels are
triable in PH, unless they merely affect things within the
vessel or they refer to the internal management
- When do we apply the English Rule? [commercial vessel
within ph territory]
TERRITORIALITY
- enforceable within our territory
- exceptions:
a. Treaty Stipulations
b. Principle of public international law
c. Law of preferential application
- does the enumeration in Art. 2 applies even in violation
of special laws?
[only in paragraph 1 because of the word “offense”]
- Art. 2 paragraphs 2,3,4, and 5 is applicable only to
violation of RPC
- Art. 2 paragraph 1 applies only when the vessel is on the
high seas.
- Are there other instances of extraterritoriality?
a. Human Security act
b. Expanded law on anti-trafficking act (trans-
national crimes)
c. Crimes against humanity
d. Cybercrime law
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PROSPECTIVITY - requisites of mistake of facts:
- CRIMINAL LAWS SHALL APPLY ONLY AFTER THE a. That the act done would have been lawful had
TIME IT TOOK EFFECT the facts been what the accused believed them
- Exceptions: to be
a. Art. 22 of RPC, except: b. that the intention should be lawful
1. habitual delinquent c. is not negligent or without fault or carelessness
2. when the law expressly provides that ARTICLE 4
there is no retroactivity - presupposes criminal intent in both instances
b. Repeal - 1st paragraph - unintended consequences
- 2nd paragraph - unaccomplished crimes
ART. 3
- Acts or omissions punishable by law are felonies paragraph 1
- Omission = misfeasance, quasi-offenses(365) - principle in paragraph 1 - He who is the cause of the
- Elements of felonies cause is the cause of the evil caused
a. Act or omission - 3 causes which produces a different result(no mistake of
b. punishable by law fact)(criminally liable)
c. by deceit or fault a. error in personae - mistake in the identity of the
- Kinds of felonies victim (mistake in identity)
a. intentional b. Aberratio ictus - mistake in the blow(does to
b. culpable another) mistake in blow
- both intentional and culpable must be voluntary c. Praeter Intentionem - Result is greater than that
(intelligence and freedom) intended
- requisites of intentional - Proximate cause - it is that cause which, in the natural
a. intelligence and conitnuous sequence, unbroken by any efficient
b. freedom intervening cause, produces the injury, and without which
c. intent the result would not have occured.
- requisites of culpable - Efficient intervening cause - the cause which interrupted
a. intelligence the natural flow of events leading to one’s death.
b. freedom - why is criminal intent necessary? [“from that which he
c. Negligence, imprudence, lack of foresight, or intended”][art 49 or art 67]
lack of skill
- good faith is not a defense in special laws. paragraph 2
- Mistake of fact - misapprehension of fact on the part of - ppl v intod
the person causing injury

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 - is impossible crime a crime in itself? (“imposible nga e” -
judge wagan)
[no because it is only punishing the criminal
propensity]
- ppl v jacinto
- instances when art 4 does not apple
a. Special penal law
b. Human security act
c. Felonies by omission
d. felonies by culpa
e. the resulting felony is punishable under any
provisions of the code
ARTICLE 5
- People v Dagsa GR no. 219889 January 29, 2018
ARTICLE 6
- Consummated and frustrated = performed all the acts of
execution
- causes independent of the will of the perpetrator = timely
medical assistance
- X climbed an 8 meter wall, while he was about to jump
he was apprehended (habang nasa tuktok nung fence)
is he criminally liable?
[no, you cannot infer of what is the intent of the
offender]
overt act - some physical activity or deed, indicating the intention
to commit a particular crime, more that a mere p l a n n i n g o r
preparation, which if carried out to its complete termination
following its natural course, without being frustrated by external
obstacles, nor by the spontaneous desistance of the perpetrator,
will logically and necessarily ripen into a concrete offense.
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- preparatory acts - those initial acts of a person who has
conceived the idea of committing a crime, but which
cannot by themselves logically and necessarily ripen into
a concrete offense.
- what if he was able to jump but was stopped by the dogs
and was apprehended, is he criminally liable?
- instances where art 6 does not apply
a. formal crimes (consummated by a single act)
b. violation of special penal laws, unless otherwise
specified
c. felonies by omission
d. felonies by culpa
e. Art. 7
f. penalizes mere attempt
- examples of formal crimes
[slander by deed, bribery, physical injuries]
- example of crimes punishable by mere attempt
[cybercrime, trafficking of person]
ARTICLE 7
- Light felonies
[are infraction of law for the commission of which
the penalty of arresto menor or fine not exceeding
40,000 pesos, or both, is provided]
- reason:
[kasi light penalty lang]
- example
[slight physical injuries]
ARTICLE 8
- General rule: mere conspiracy or proposal is not
punishable. preparatory lang sila
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 - Exception: where the law specifically provides a penalty [there is a mastermind, there are several scopes to
thereof. a different independent act for a single purpose]
- Conspiracy - exists when 2 or more persons come to an - chain conspiracy
agreement concerning the commission of a felony and [there is a chain of conspiracy towards the same
decide to commit it design or purpose]
- examples of punishable proposal and conspiracy
[treason, rebellion, insurrection, cop d’etat, ARTICLE 9
sedition, monopolies] - what are considered afflictive penalties?
- does it apply to violations of special penal law? - what is article 9?
[no, art. 10]
- example of punishable conspiracy/proposal in special ARTICLE 11
penal law - How many are the justifying circumstances?
[expanded migrant workers act, ra 9165, anti- [8, tatlo yung nasa #5]
trafficking] - why are they considered justifying?
- why do we have to know if they conspired? [the act of a person is said to be in accordance with
[because it is a means of incurring criminal liability] the law]
- kinds of conspiracy [deemed not to have transgressed the law, no civil
a. express conspiracy nor criminal liability]
b. implied conspiracy - What is the basis?
- doctrine of implied conspiracy [Lack of criminal intent](absence of mens rea)
- people v cupino - US v Ah chong
- people v pugay - what does right encompasses?
- people v larrañaga a. right to honor
- may a lookout be considered criminally liable? b. defense of property rights
- once it is proven that they conspired, is it correct to say - may the right include political rights?
that they are co-principal? [yes, because “rights” was used in its generic
[yes] sense]
- when does art 8 will not apply? - what does unlawful aggression mean?
a. special penal laws [when the peril to one’s life, limb, or right is either
b. felony by culpa actual or imminent]
c. felony by omission - why is unlawful aggression very important?
- ejercito v sandiganbayan [because without it, there is nothing to prevent or
- macapagal-arroyo v people repel]
- wheel conspiracy = hub and spoke conspiracy - ppl v genosa

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 - is the ruling in ppl v genosa still applicable today?
[not absolutely because of RA 9262 section 26]
[it will still be applicable with regards to the phases]
- X approaching his car, 10m away Y was about to smash
his window. X ran and stabbed Y with a swiss knife. Is
there self-defense?
[no, there is no reasonable necessity of the means
employed]
- 2 tests of determining whether there is unlawful
aggression
a. Necessity of course of action
b. necessity of means employed
- defense of property does not need to be coupled with
defense of person
- reasonable necessity of the means employed v
necessity of the course of action
- X owner of a resort saw an intruder picking fruits.
X told intruder to get out.
intruder continued to pick fruits
X ran towards the intruder and stabbed him 2 times
X was charged with serious physical injuries.
can X invoke self-defense?
[no]
- X, adopted son, saw adopting father being mauled.
X killed the aggressor. self-defense?
[no]
- 3rd requisite for defense of stranger?
[person defending be not induced by revenge,
resentment, or other evil motive]
- other evil motive?
[jealousy]
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- Justifying cannot co-exist with culpa, they are
incompatible
- Who incurs civil liability under paragraph 4?
[those who benefitted]
- basis for civil liability?
[art. 101 paragraph 3] accused is secondarily
liable, when there is no primarily benefitted.
ARTICLE 12
- exclusive list.
- What are absolutory causes?
[those where the act is a crime but for reasons of
public policy and sentiment, there is no penalty
imposed.]
- Examples of Absolutory Causes
a. Spontaneous Desistance (art 6)
b. Accessory to a light felony (art. 16)
c. relationship in the accessory (art 20)
d. if the spouse or parent only inflicts less or slight
Physical injuries (art 247)
e. Persons exempt from criminal liability for theft,
swindling, and malicious mishchief (art. 332)
- what are the exempting circumstances?
- Justifying v Exempting
- Insane v imbecile
[inanity - complete deprivation of intelligence or
freedom of the will
imbecility - a person of advanced age has a
mental development comparable to that of children
between 2 and 7 years of age]
- insanity and imbecility must be complete to be exempt
- Is a schizophrenia exempt from criminal liability? [no]
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 - when will a child be considered a Child in conflict with - examples of specific mitigating cirumstance
the law? a. art. 247
[person who at the time of the commission of the b. art 268
crime is between 15-18 years of age] c. art 233
- can art. 12 be invoked to an offender in a culpable felony d. art 333
[yes, kasi wala yung 2 element ng culpable felony, - examples of special mitigating
intelligence and freedom] a. art 64(5)
b. art 49
- irresistible force = duress - physical force or violence c. art 67
- uncontrollable fear = grave threats or intimidation - are all the circumstances in art 13 occur during or before
the commission of the crime?
ARTICLE 13 [no. paragraph 7 occurs after the commission of
- Basis of mitigating the crime]
[lesser pervesity] - test for praeter intentionem to be considered a mitigating
- purpose of mitigating circumstance
[to reduce the penalty] [notable disparity between intended crime from
- which paragraphs are considered privilege mitigating resulting crime]
circumstance? - people v abarca
[paragraph 1, relate to art. 69] - physical defect from mental illness
- why is it considered less perverse? - paragraph 5 and 6 cannot occur together
[dimunition of any of the requisite]
- kinds of mitigating circumstance ARTICLE 14
a. specific mitigating - Aggravate the penalty to the maximum that may be
b. special mitigating offset.
c. ordinary mitigating (art 12) - take note of Art 62 (5) habitual delinquency
d. privileged mitigating (art 68 and 69) - they must be alleged and proven beyond reasonable
- will you apply mitigating in Article 12 paragraph 1? doubt (they cannot be appreciated if not alleged or not
[no, there are no requisites] proven
- in minority, will art 69 apply? - Article 62 applies in appreciating Aggravating or
[no art. 68 will apply] Mitigating
- how many are privileged mitigating circumstance? - mitigating even if not invoked may be appreciated (even
[only 2, art 68 and 69] in culpa)
- what is a specific mitigating circumstance? - basis of art 14
[only applies to a specific felony]

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 [greater perversity by means of which he
committed the crime] Art. 14 Par. 1
- always in the maximum except if it is inherent
Generic Aggravating - offender knows he is a public officer (important!!)
- if attendant will make the penalty to the maximum
- can be offset by ordinary mitigating Art. 14 par. 2
- all aggravating circumstance can be considered - offender must have knowledge that there is a public
generic officer present (not important if within public office
- hypo: in Boracay, mayor of baguio is in vacation
Qualifying [depends]
- if present, will change the nature of the crime. - hypo: off-duty police. in his house, called by the
- art 248 murder (pag present dalawang qualifying, neighbor, there is someone firing guns. binaril si popo.
then 1 on those is not a generic, the 2nd qualifying pero nakatakbo si popo.
will not be considered generic) [no, kasi si police mismo pumunta]
- art 280 - distinguish from par. 5
- art 281 [par.5 - officers are in the discharge of their office
- art 266-B par.2 - insult and not with regard to the place]
- art 308 - par. 2 will not apply if the crime was directed against the
public officer
Inherent Aggravating
- Circumstances which is necessary in the Art. 14 par. 3
commission of a crime - RANK is not limited to public position, even in private
- people v Pareha positions and even in the person of the community which
is regarded to have a position
Special Aggravating - AGE may be qualifying, alternative (take note)
- Not included in the definition of a crime but will - SEX (art 267)
increase the penalty. - DWELLING is not synonymous with domicile and
- art 48 residence, which is used for rest and comfort even
- art 160 temporarily for a night (overnight sa friend, boarding
- art 62 (5) house, jeep na tinutulugan ng driver)
- hypo: market vendor killed in his store
Specific Aggravating [not a dwelling]
- apply only to specific crimes - hypo: pharmacy pinatulog ng amo

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 [not a dwelling] (but if may inner room for staying,
considered as a dwelling)
- hypo: 2 person living in a condo, crime against the other
[dwelling is not considered kasi parehas silang
nakatira don]
Art. 14 par. 4
- Obvious ungratefulness - there is benevolence on the
victim
- distinguish abuse of confidence from obvious
ungratefulness
- AoC and OU must be alleged and must be proved
- if alleged is Aoc put OU yung naprove, di pwede OU!!
Art. 14 par. 6
- must have sought cover for darkness
- also to ensure the commission of the crime
- beginning from dusk to end of dawn
- HYPO: X and Y watching concert. 9:30pm a heated
argument between the two. X stabbed Y in the concert
grounds.
[nighttime is not considered. did not use it to
ensure the commission of the crime]
- nighttime is absorbed in treachery
- uninhabited
[there is no reasonable help the victime might get]
- highway?
[depends on whether may rumorondang tao]
- BAND at least 4 armed malefactors,
- presupposes conspiracy
- absorbed in treachery, abuse of superior strength
- v. par. 8
[# of people and participation of people]
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Art. 14 par. 7
- V. par. 12
[7 - took advantage of occasion
12 - he was the cause of the circumstances]
- calamity v misfortune
- eruption kasama sa “other calamity”
- misfortune = “not natural”
ex. rally, stampede, tire explosion
Art. 14 par. 8
- police, judge, to afford impunity
- armed men are merely accomplices
Art. 14 par. 9
- recidivist, reiteracion, quasi-recidivist, and habitual
delinquent
- who is a recidivist?
[is one who at the of his trial for one crime, shall
have been previously convicted by final judgment
of another crime embraced in the same title]
- how many convictions must he have before he may be
considered a recidivist?
[at least 1]
- recidivism must be alleged (Certified True Copy of
decision and cert of finality)
- HYPO: X is being tried for Slight Physical Injuries.
posted bail, stabbed another person. again posted bail.
then there was a judgment for serious Physical Injuries
without reconsideration, naging final and executory. is X
considered a recidivist?
[yes he is considered a recidivist but cannot be
considered]
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NOTE: recidivism in this case will not be taken into
consideration. Criminal Procedure: facts not alleged in the Art. 14 par. 14
complaint or information will not be considered by the court. - craft (money)
- disguise (means to hide the identity)
Art. 14 par. 10
- REITERACION. That the offender has been previously Art. 14 par. 15
punished for an offense to which the law attaches an - Absorbed in treachery
equal or greater penalty or for two or more crimes to Art. 14 par.16
which it attaches a lighter penalty - special aggravating = only in crimes against persons
- will this apply to offenses? - need witness to prove treachery
[yes] - attack on the child need not be proved
- violations of ordinances? - considered if the victim is an imbecile (essential: lack of
[yes, 2 or more light felonies] ability to defend himself)
- not needed to be in the same title - considered in rape thru sexual assault and thru sexual
- necessary that the offender shall have served out his intimidation
sentence for the first offense
- “to which the LAW attaches” (penalty actually imposed is Art. 14 par. 17
not considered) - v par. 21
- People v Lucas
Art. 14 par. 11
- price is monetary Art. 14 par. 18
- IMPORTANT!! tama dapat iallege!! if price or reward or - not considered in robbery with use of force upon things
promise - kung san yung usual place of entry
- pwede 2 yung ma consider - considered if sa bintana lumabas pero sa pinto pumasok
- pag isang tao lang yung may price, reward or promise, - in any structure, kahit sa office
siya lang maaggravate. (if madami sila sa crime)
- promise need not be tangible Art. 14 par 20
- use of a motor vehicle not considered in culpable felony
Art. 14 par. 13 because of the phrase “by means”
- Requisites: - “other similar means” = use of motor vehicle
a. time the offender decides to commit the crime - Under 15 not applicable in violations of special law
b. interval of time except: Human security act
c. commision of crime
- all requisites must concur ARTICLE 15

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 - what are considered as alternative circumstances?
a. Relationship ARTICLE 16
b. Intoxication - to impose a proper penalty
c. Degree of Instruction and education of the - who are criminally liable?
offender For grave and less grave:
a. Principals
Relationship b. accomplices
-when may relationship be considered as mitigating c. accessories
[when the offended party is the: For less grave felonies:
a. spouse a. Principal
b. ascendant b. accomplices
c. descendant - Art. 16 does not apply to Special penal Laws
d. Legitimatem natural, or adpoted bro or sis except: Anti-trafficking
e. relative by affinity in the same degree - Art. 16 does not apply when there is conspiracy
f. step-parent and step-child - “they are all in conspiracy, therefore they are all
g. adopter and adpotee] principals”
[mitigating in the following crimes:
a. Robbery ARTICLE 17
b. usurpation - Who are principals
c. fraudulent insolvency a. by direct participation
d. arson] b. by inducement
- instances when relationship may be aggravating c. by indispensable cooperation
a. crimes against persons (relative of a higher - “directly induced”
degree, or of the same level, than that of the - there must be a principal by direct participation for direct
offender)(alamin sa mem aid) inducement to be present or be liable
b. Crimes against chastity (acts of lasciviousness) - it is possible to directly induce someone through cyber
- instances when relationship is a special aggravating - accomplice v principal by indispensable cooperation
[rape coupled with minority] (reason: dimunition of
intent) accomplice
a. joined
Intoxication b. knows the criminal design
- mere intoxication is not considered. c. participate through other acts
- must be in the state of intoxication as to result in the d. the act must have connection with the criminal
dimunition of freedom design. material or moral aid

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 e. such is dispensable - measures of prevention which are not considered
penalties
principal by direct inducement a. arrest and temporary detention of accused
- performance of an act without which the crime b. commitment of a minor
would not have been accomplished c. suspension from employment or public office
d. fines and other corrective measures
e. deprivation of rights and reparations
ARTICLE 19
- what are accessories - how are penalties classified under art 25?
- they have knowledge of the criminal design [principal and accessory]
- take note of art. 20 with art. 19 - how do we treat accessory penalty, are they included in the
- accessory v fence judgment? do the judge need to specify the accessory
- if you are an accessory, you cannot be a fence penalty?
(take note the line of questioning, if it would ask the [no because according to the rules, principal penalties
degree of participation = accessory) carries with it accessory penalties]
- What is civil interdiction?
ARTICLE 21-77
- Who is a habitual delinquent?(multi-recidivism)
[a habitual delinquent is an offender who within the
period of 10 years from his last conviction or
release shall have been found guilty of any of these
crimes: Robbery, Theft, Serious physical injury,
Less serious physical injury, Estafa, and
Falsification]
[reckoned from the time of his last release from last
conviction]
- distinguish pardon of the president against pardon of the
offended party
- when will civil liability be extinguished in pardon by the
offended party?
[when there is express waiver]
- as to when may pardon be extended?
[before institution of the criminal action]

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