Criminal Law 1 Reviewer

(Padilla cases and notes combined with Ortega Notes)
Vena V. Verga

CRIMINAL LAW REVIEWER 

I.History of the Revised Penal Law

A. Codification Movement -- sought to have all laws codified or written in a single body of aw.

B. Spanish Codigo Penal 

The royal order dated December 17, 1886, directing the execution of the royal decree of September 4, 1884,
wherein it was ordered that the Penal Code in force in the Peninsula, as amended in accordance with the
recommendations of the code committee, be published and applied in the Philippine Islands, as well as the Provisional
Law of Criminal Procedure which accompanied it. These two laws, having been published in the Official Gazette of
Manila on March 13 and14, 1887, became effective in July 14, 1876.
(US. vs. Tamparong)

C. Codigo Penal ng Pilipinas – modified the Spanish Penal Code.

D. US Period – they tried to translate the Penal code but certain areas were defectively translated

II. Definition of Penal Law and Criminal Law

A. PENAL LAWS – laws which relates to penalties

B. CRIMINAL LAWS – laws which relates to crimes
C. FELONY -- A crime under the Revised Penal Code is referred to as a felony. Do not use this term in reference
to a violation of special law.
D. OFFENSE -- A crimes punished under a special law is called as statutory offense.
E. MISDEMEANOR --A minor infraction of the law, such as a violation of an ordinance, is referred to as a misdemeanor.
F. CRIME -- Whether the wrongdoing is punished under the Revised Penal Code or under a special law, the generic word
crime can be used.
 
Lorenzo vs. Posadas
I ssu e: W/N Art. 3606 of a ta x law is a pen al law thu s can be app lied retroactively in conformity with the
provisions of Art. 22 of RPC.

Decision: A statute is penal when it imposes punishment for an offense committed against the state. “Penal
Statutes” are statutes, which command or prohibit certain acts and establish penalties for their violation, and even
those, which, without expressly prohibiting certain acts, impose a penalty on their commission. Note: Non-
payment of taxes is merely a civil liability/indemnity. The tax code as it ex ists today which carries p unish men ts
ma y be conside re d pena l provisions.

People vs. Moran

Facts: The accused violated the election code and was sentenced by the lower court. He was asking for
reconsideration and filed a special motion alleging that the crime complained of had prescribed under the
provision of section 71 of Act 3030, enacted by the Legislature on March 9, 1922.
Issue: W/N penal laws provide for not only penalty but also prescription. Decision: Yes.

Decision: The court found the crime to have prescribed (in accordance with the new law ) and set aside the
dec ision. The E lec ti on la w conta in ed in th e Administrative Code and Act 3030 which amended and modified
the former, it is evident that the provision declaring that offenses resulting from the violations of sa id Act sh all
p re scrib e one yea r aft er th eir com mission mu st have retroactive effect, the same being favorable to the
accused. An exception- to give them retroactive effect when favorable to accused. The exception applies to a law dealing
with prescription of crime: Art 22 applies to a law dealing with prescription of an offense which is intimately
connected with that of the penalty, for the length of time for prescription depends upon the gravity of the offense.
Penal laws not only provide for penalties but also prescriptions.
III. Rationale of Penal Laws US vs. Sotto

Facts: Vicente Sotto is the director, editor, publisher and printer of a weekly paper. On May 1915, he edited the paper
with the intention of attacking them reputation of Lope K. Santos and two other principals of a labor group. He was
found guilty of libel.

Issue: W/N Sotto was guilty Decision: Yes. Penalties are used to deter people from doing the same crime. A deterrent
effect upon others is one of the purposes of the infliction of a penalty for the violation of the criminal law
(Exemplarity).

People vs. Carillo and Raquenio

Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Verga

Facts: Carillo was sentenced with death penalty for the crimes of robbery, attempted rape and homicide. His
accomplice was only charged for robbing Emma Abaya and Marcelino Lontok.

Issue: W/N the penalty for Carillo was justified.

Decision: The accused is a dangerous enemy of the society thus, imposition of the highest penalty if justified.
Carillo has proved himself to be a dangerous enemy of society. The latter must protect itself from such enemy by taking
his life in retribution for his offense and as an example and warning to others. In these days of rampant criminality it
should have a salutary effect upon the criminally minded to know that the courts do not shirk their disagreeable duty to
impose the death penalty in cases where the law so requires.

People vs. Young

Facts: Jimmy Young is a hired killer who committed a crime of murder under Art 248 of the RPC. He refused to plead
guilty because according to him, his guilt is lighter than those who ordered the killing of Alfonso Liongto. He was
sentenced with death penalty in accordance with Art 248 in relation to Art 64 of the RPC. However, RA 296, which was
approved 17 June 1948, provides that for a penalty of death is imposed, all justices of the Supreme Court must first
concur. Said law is procedural thus can be applied to cases pending at the time of its approval. Issue:

W/N Young should be charged with the crime of murder.

Decision: One of the justices dissented, thus death penalty was not imposed. The killing in question was attended by
evident premeditation which qualified the crime as murder: (a) it was committed in consideration of a price reward or
p romise and (b) wit h tre ache ry . Th is ca se also prov id es the noti on of  aggravating circumstances (acts
that would provide for higher penalties – art14) and mitigating circumstances (provides for lighter penalties –
art 13).Death penalty was imposed to rationalize the concept of Exemplarity: making a person example to serve as a
deterrent)

People vs. Revilla

Facts: The accused was charged for the crime of infidelity in the custody of the prisoners. Nicasio Junio, the prisoner,
was only sentenced to suffer six days of arresto menor only, a penalty that may be served in the house of the offender
because of the condition of his health. The municipality also could not feed him Nicasio for lack of appropriation, Revilla
then believed that this act in permitting Nicasio to sleep in his own house was not grave in nature, being at
most a mere relaxation of the rules prescribed for the care and custody of municipal prisoners. Revilla was charged
under Art 223 for his actions.

Issue: W/N the charge against Revilla is proportionate to the act he committed.

Decision: No. His action then was due to a mistaken conception of his duty; hence it is obviou s that th e p ena lty
imp ose d against h im is not oriously excessive to the extent of being cruel for being out of proportion with the
crime comm itt e d. The pena lt y wa s not p roporti onat e to the evil t o be cu rb ed. Retribution, the penalty
should be commensurate with the gravity of the offense. The penalty imposed upon the accused for infidelity in the
custody of a prisoner sentenced to only six days of arresto menor being excessive, such fact should be brought to the
attention of His Excellency, the President of the Philippines for him to decide whether or not it would be convenient to
recommend to the nati ona l assemb ly the am end ment of a rt 223 of RPC (c onn iv in g wit h or consenting to
evasion) so as to make it more in consonance with the amplitude of the matters that a court must consider in meting out
punishment to whoever may have the misfortune fin fringing the precept regarding infidelity in the custody of
prisoners or detained prisoners.
People vs. Galano 
Facts: Galano was accused of falsification of one peso bill, which he used to purcha se fou r egg s. He wa s foun d
gu ilty an d wa s sen tence d to su ff e r intermediate penalty ranging from 10 years and 1 day to 12 years and 10
months. The Solicitor General believes that the punishment is too harsh.

Issue: W/N the penalty if too harsh

Decisions: The punishment is too harsh and it may not actually serve the purpose of the legislator.
Imprisonment may change an individual but it can also expose the person to hardened criminal. Thus, punishments
should be applied with care. A copy of the decision was sent to the president for the exercise of executive
clemency.

IV. Two theories in Criminal Law

A. Classical Theory

1. Basis of criminal liability is human free will and purpose of penalty is retribution
2. “An eye for an eye, a tooth for a tooth.” – Oculo pro oculo, dente pro dente.
3. Man is a moral creature with absolute free will to choose between good and evil, thereby placing more stress
upon the effect or result of felonious act than upon the man.
4. Endeavored to establish a mechanical and Direct proportion between crime and penalty
 5. The purpose of penalty is retribution. The offender is made to suffer for the wrong he has done. There is scant
regard to the human element.

B. Positivist theory

1. Man is occasionally subdued by a strange and morbid phenomenal which pushes him to do wrong in spite or contrary
to his volition
2. Crime is a social and natural phenomenon; it cannot be created and chec ked by app licati on of abstract
p rinc ip le of law an d jurisprudence nor by imposition of penalties, fixed and determined priori.
3 . R e h a b i l i t a ti o n b y m e a n s o f i n d i v i d u a l m e a s u r e s o n c a s e t o c a s e basis. Advocates personal and
individual investigation, conducted by competent body of psychiatrist and social scientist.

V. Crimes

A. Definition
1. Felony
2. Offense
3 . I n f r a c ti o n of Ordinance
(a) When penalty imposed is not an exercise of sovereign power to define crimes and provide punishment.

De Guzman vs. Subido

Facts: de Guzman who is a civil service eligible for passing the civil service exam was disqualified from any
appointment for having violated the Jaywalking laws and ordinance concerning cocheros, which according to the lower
court constitutes a crime.

Issue: W/N said acts constitute a crime

Decision: No. A penalty imposed for breach of a municipal regulation does not necessarily constitute a criminal offense.
A violation of a municipal ordinance to qualify as a crime must involve a least a certain degree of evil doing,
immoral conduct, corruption, malice or want of principles reasonably related to the requirements of the public office. A
crime is an act committed or omitted in violation of public laws. Ordinances are not public laws. Criminal acts, in its
commission, have some immoral intention.

Conde vs. Mamenta

Facts: Petitioner refused to pay the new rates of the stall she was holding stating that the increased rate was excessive.
The increase is based on the provisions of a municipal ordinance. The petitioner was criminally convicted by the trial
court for not paying the surcharge.
Issue: W/N the petitioner can be prosecuted criminally of her non-payment of the rental.

Decision: No. The surcharge for non-payment if not a penalty under criminal law but on ly an am oun t ad ded to
th e usua l charge . It is more of an administrative penalty, which can be recovered only by civil action.

VI. Common Law Crimes

A. definition: body of principles, usages and rules of action which do not rest for their authority upon any express or
positive declaration of the will of the legislature
B. common law crimes are not recognized in the country

C. the codification movement provided for all crimes to be codified, thus, a crime not punishable by law is not a crime at
all.

VII.Power to define and punish crimes

People vs. Santiago

Facts: Defendant was found guilty of killing a seven-year-old boy. He is now appealing the decision stating that Act 2886
of the Philippine Legislature, which provides that “all prosecution for offenses shall be in the name of the People of the
Philippines” is unconstitutional for amending General Order No. 58 which has a character of a constitutional law.

Issue: W/N Act 2886 is unconstitutional.

Decision: The procedure in criminal matters is not incorporated in the constitution but is left in the hands of the
legislature so that it falls within the realm of public statutory law. The state has the authority, under its police power, to
define and punish crimes and to lay down the rules of criminal procedure. States, as a part of their police power, have a
large measure of discretion in creating and defining criminal offenses.

People vs. Taylor

Facts: The defendant, being the acting editor and proprietor, manager, printer and publisher of Manila Bulletin was
accused of committi ng libel against a member of the Philippine bar. Issue:

W/N the defendant is guilty of libel.

Criminal Law II Reviewer Vena V. Verga
Criminal Law II ReviewerSummary of Book II
r i m e E l e m e n t s P e n a l t
y I m p o r t a n t P o i n t s
t o R e m e m b e r 114Treason
1.Offender is a Filipino citizen or an alien residing in the Philippines2.There is war in which
the Philippines is involved3 . O f f e n d e r e i t h e r : a.levies war against the
governmenti . t h a t t h e r e b e a n a c t u a l a s s e m b l i n g o f m e n , i i . f o r t h e
p u r p o s e o f e x e c u t i n g a t r e a s o n a b l e design by forceb.or adheres to the enemies,
giving them aid or comfort
Treason
– branch of allegiance to a government, committedby a person who owes allegiance to it
Allegiance
– obligation of fidelity and obedience which theindividuals owe to the government under which they
live or totheir sovereign, in return for the protection they receive;either permanent or temporary
Adherence to Enemy
– intent to betray; when a citizenintellectually or emotionally favors the enemy and harborssympathies
or convictions disloyal to his country’s policy orinterests]
Aid or Comfort
– an act which strengthens or tends tostrengthen the enemy in the conduct of war against thetraitor’s
country and an act which weakens or tends to weakenthe power of the traitor’s country to resist or to
attack theenemy
Ways of Proving Treason:
1.Testimony of 2 witnesses, at least, to the same overt act; or2.Confession of the accused in
open courtFilipino Citizen –RP to death anda fine not toexceed P100,000Alien – RT todeath and a
finenot to exceedP100,000No complexcrime of treasonwith murder,physicalinjuries…
AggravatingCircumstances:cruelty, ignominyArt. 64 notstrictly applied totreasonGravity of seriousness
of acts of treasonare considered1 . T r e a s o n c a n n o t b e c o m m i t t e d i n t i m e o f   peace2.In
treason by levying war, it is not necessarythat there be a formal declaration of
theexistence of a state of war3 . T h e war must be directed
a g a i n s t government4.The purpose of levying war is to deliver the country in whole or in
part to the enemy;must be in collaboration with foreign enemy5 . T h e a i d o r c o m f o r t g i v e n t o
t h e e n e m i e s must be after the declaration of war; theenemies must be the subject of
foreignpower6.No treason thru negligence7.When common crimes are charged as
overtacts of treason, they cannot be regarded asseparate crimes or as complexed by
treason.8.Treason by Filipino citizen may be committed outside the Philippines9.Treason is a
continuous offense10.Treason cannot be proved by circumstantial evidence or extrajudicial
confession of  accused11.Two witness rule is severely restrictive12.Sufficient that witnesses are
uniform in theirt e s t i m o n y o n t h e o v e r t a c t ; i t i s n o t n e c e s s a r y t h a t t h e r e b e
c o r r o b o r a t i o n between them on the point they testified13.Adherence may be proved by one
witness, orfrom the nature of the act itself, or from thecircumstances surrounding the act14.Defense
of suspended allegiance and changeof sovereignty is not accepted1 5 . D e f e n s e o f
obedience to de f a c t o Government is acceptable16.Defense of duress or
uncontrollable fear isacceptable
/ v v v e r g a S e c o n d
S e m e s t e r , A Y
2 0 0 4 - 2 0 0 5 P a g e 1
o f 7 5 Criminal Law II Reviewer\

CRIMINALISTICS:
1. The gap on a continuous stroke which may be regarded as a special form of pen lift is known as;

a. Pen lift c. Hiatus b. numb d. Tremor

2. The combination of print and cursive writing is called?

a. Print script c. Cursive writing b. scripted d. Calligraphy

3. The displacement of bones and the breaking of the skin is known as __.

a. Dislocation c. Hematoma b. Rupture D. wound

4. If a woman is physically untouched, she is considered?

a. Physical virgin c. Demi virgin b. Moral virgin d. Virgo intact

5. At what portion is galvanograph pen located?

a. Upper portion c. Lower portion b. Middle portion d. second to the last

6. After the preliminary test about the presence of blood what particular test will be use for
confirmation?

a. Precipitin test c. Takayama test b. Phenolphthalein test d. Teichman test

7. Also known as Crainology ?

a. Phrenology c. Physiognomy b. Biology d. Chemistry

8. The subject is required to have a drug test within _______hours.

a. 12 hours c. 36 hours b. 24 hours d. 72 hours

9. Methylenedioxy methamphetamine is also known as;

a. Drugs c. Shabu b. LSD d. Ecstasy

10. Which of the following is a handgun?

a. Musket c. Pistol b. Shot gun d Sniper

11. What do you call a person who makes a study about firearms and bullets in crime laboratory?

a. Ballistician c. Fire arm expert b. Forensic expert d. Fire arm ballistics expert

12. In crime scene investigation who determine the area for entry and exit of investigation?

a. Prover c. Sleuth b. Chief d. team leader

13. It is also known as Positive lens with convergence.

a. Positive c. Convex lens b. Negative d. Concave lens

14. The primary test in polygraph examination is?

a. Pre test c. Post test b. Initial interview d. none of these

15. The study of the mechanism of a firearm while still inside the gun refers to:

a. Interior Ballistics c. Exterior Ballistics b. Target Ballistics d. Transnational Ballistics

16. It is a part of the mechanism of a firearm that withdraws the shell from the magazine?
 a. Ejector c. Striker b. Extractor d. Trigger

17. A kind of Document that is notarized by any authorized official is;

a. Private c. Public b. Official d. commercial

18. The following are types of vehicles: vehicle for hire, not for hire, diplomatic and_____________.

a. Official Vehicle c. Government Vehicle b. Public d. Private

19. The cause of death of a person because of lack of oxygen?

a. Asphyxia c. Stroke b. Stupor d. Poison

20. The most effect of Livor Mortis is found in the________.

a. Tissue c. Skin b. Mucus membrane d. muscle

21. The modern composition of a gun powder that produces white smoke.

a. Black and smokeless powder c. black ferric b. Nitrate d. Bitrate

22. It is a kind of Whorl which symbolizes W;

a. Plain whorl c. Accidental whorl b. Double loop d. Central pocket loop whorl

23. It is a kind of loop that has a two distinct loop pattern;

a. Plain whorl c. Accidental Whorl b. Central loop whorl d. Central pocket loop whorl

Fingerprint Patterns
The Absconder Search Unit in the Division of Parole is one of the most vital units in law enforcement. It is the
primary task of the members of the A.S.U. to track down paroled felons who have stopped reporting to their
parole officers. The main reason for these ex-cons fleeing parole supervision is that they have turned their backs
on rehabilitation and have committed additional crimes. Identification of these absconders from justice is made
exponentially easier by the computerized fingerprint system now in place in the United States and throughout the
world.

Before computerization, the fingerprints of individuals had to be

manually filed and then compared to all others in a particular
system. In 1888, a British anthropologist by the name of Francis
Galton established the first classification of fingerprints in order
to hasten the retrieval process. In 1896, an English Police
Official stationed in India, Sir Edward Richard Henry, revised
the Galtonian system and devised a classification system based
on the different patterns in the fingerprints of various
individuals. The system was mainly intended for use in the
identification and tracking of criminals, and its groupings are
still the foundation of the fingerprint classification and storage
that is employed today.

Henry's system is based on four distinct groups of patterns, with

each group possessing the same basic characteristics and
resemblances. Within each major group there exist sub-groups
containing similar differences among patterns in that particular
group. Henry‘s four types of pattern groupings (arch, loop,
whorl, composite) and their interpretations are as follows:

1. Arch
In arches, the ridges of the finger run continuous from one side of the finger to the other with no recurving. There
are two sub-groups that further define the arch pattern:
A. Plain Arch---this pattern has a consistency of flow to it. It starts on one side of the finger, and then the
ridge cascades upward slightly, almost resembling a wave out on the ocean. The plain arch then continues
its journey along the finger to the other side. The plain arch is the simplest of the fingerprint patterns to
discern.
B. Tented Arch---this pattern is similar to the plain arch in that it starts on one side of the finger and flows
out in a similar pattern to the other side. However, the difference in the tented arch lies in the ridges in the
center, which are not continuous as in the case of the plain arch. The ridges, which adjoin each other in
the center, converge and thrust upward, giving the impression of a pitched tent.

2. Loop
In loops, the ridges make a backward turn but do not twist. This backward turn, or loop, is differentiated by how
the loop flows on the hand and not how it flows on the card on which the imprint is taken. The imprint on the
fingerprint card is similar to the reverse image we see when we look in the mirror at ourselves. There are two
sub-groups that Henry identified in this category:
A. Radial Loop---these are loops that flow toward the radius bone of the hand or, in other words, when the
downward slope of the loop is from the direction of the little finger toward the thumb of the hand.
B. Ulnar Loop---these are loops that flow toward the ulna bone of the hand or, in other words, when the
downward slope of the loop is from the direction of the thumb toward the little finger of the hand.

3. Whorls
In whorls, there are patterns in which there are two or more deltas (first ridge nearest the divergence point of two
type lines) and there exists a recurve preceding each delta. There are four sub-groups of whorls:
A. Plain Whorl--- in these whorls, the ridges make a turn of one complete circuit and, therefore, are circular
or spiral in shape. The plain whorl is the simplest form of whorl and the most common. There are at least
two deltas and a ridge whose circuit may be spiral, oval or circular in shape.
B. Central Pocket --- in these whorls, one or more of the simple recurves of the plain whorl recurves a
second time.
C. Double Loop--- in these whorls, there are two separate loop formations. In each of these formations, there
are two entirely separate and distinct sets of shoulders and deltas.
D. Accidental Whorl--- in these whorls, the composition of the pattern is derived from two distinct types of
patterns with at least two deltas. Whorls which contain ridges matching the characteristics of a particular
whorl sub-grouping are classified as accidental whorls.

4. Composites
In composites, there are patterns found in fingerprints which are combinations of arch, loop and whorl. Henry
subdivided the composites into four sub-groups:
 A. Central Pocket Loop---these loops recurve a second time forming a pocket within the loop.
B. Twinned Loop---also referred to as the Double Loop, these loops consist of two separate loop formations.
C. Lateral Pockets Loop---these loops are similar to the Twinned Loop except that their ridges bend sharply
down on one side before recurving, actually forming a pocket. The F.B.I. finds it too difficult to locate
these two loops, and classifies both kinds as Double Loops.
D. Accidental Loops---these loops are a combination of any two types of pattern with the exception on the
plain arch that basically has no pattern.

Today, different governing bodies may classify these patterns somewhat differently than Henry did more than a
century ago. However, the original system still represents a body of work that has held up under critical review
for well over a hundred years.