Criminal Law Review Special Penal Laws (2018) : Book of Elements (Book 1)

CRIMINAL LAW REVIEW BOOK OF ELEMENTS (BOOK 1)
CRIMINAL LAW REVIEW

SPECIAL PENAL LAWS
(2018)
(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 1

REVISED PENAL CODE OF THE PHILIPPINES

Book One
GENERAL PROVISIONS REGARDING THE DATE OF
ENFORCEMENT AND APPLICATION OF THE PROVISIONS
OF THIS CODE, AND REGARDING THE OFFENSES, THE
PERSONS LIABLE AND THE PENALTIES
Chapter One
FELONIES
ARTICLE 3. DEFINITIONS
TWO KINDS OF FELONIES
1. Intentional Felony – when the act is done with deliberate intent.
Elements:
(1) Criminal intent on the part of the offender;

(2) Freedom of action in doing the act on the part of the offender; and
(3) Intelligence of the offender
2. Culpable Felony – when the wrongful act results from imprudence, negligence, lack
of foresight or lack of skill.
Elements:
(1) Criminal negligence on the part of the offender;

(2) Freedom of action in doing the act; and
(3) Intelligence on the part of the offender
Note: Both intentional and culpable felonies have the same elements except for the
element of intent and negligence.
COMMON ELEMENTS OF INTENTIONAL AND CULPABLE FELONY
1. Freedom of action – when the offender performs the act on his own free will
without force, duress, uncontrollable fear. He knowingly and wilfully performs the act
on his own free will.
So, if the offender performs the criminal act but he did so under the impulse of
an uncontrollable fear, there is no criminal liability. This is an exempting circumstance
under Article 12 of the RPC because there is no freedom of action, an element of
voluntariness.
2. Intelligence – the mental capacity of a person to know wrong from right and
to appreciate the consequences of one’s act. If the person acted without intelligence,
there is no criminal liability.
So if the criminal act has been committed by an insane, imbecile or a minor 15

years of age or under, the said offender is exempted from criminal liability under Article
12 because he acted without intelligence. There is no criminal liability.
Note: Motive – the moving power which impels a person to do an act to achieve a
desired result. As a general rule, motive is immaterial to prove criminal liability of the
offender.
However, motive becomes material in determining the criminal liability of the

offender:
(1) When the act of the offender would result to variant crimes;
(2) When the identity of the offender is doubtful; or
(3) When the prosecution only has circumstantial evidence to prove the
commission of the crime.

MISTAKE OF FACT
Elements:
(1) That the act done would have been lawful and justifiable had the facts been as
the accused believed them to be;
(2) That the Intention of the accused in performing the act is lawful; and
(3) That the mistake must be without fault, negligence or carelessness on the part of
the accused.
ARTICLE 4.CRIMINAL LIABILITY
PROXIMATE CAUSE DOCTRINE
Elements:
(1) The intended act is a felonious act;

(2) The resulting act is a felony; and
(3) The resulting felony is the direct, natural and logical consequence of the
felonious act of the offender
THREE SITUATIONS WHEREIN A PERSON BECOMES CRIMINALLY LIABLE FOR THE RESULTING
FELONY ALTHOUGH DIFFERENT FROM THAT WHICH HE INTENDED
(1) Abberatio Ictus

- Mistake in the blow; it is a situation wherein the offender directed a blow at
his intended victim but because of poor aim, the blow landed on another
victim.

(2) Error In Personae

- Mistake in identity; it is a situation wherein a victim actually received the
blow but he was mistaken to be the intended victim; the intended victim was
not at the scene of the crime.
(3) Prater Intentionem

- Notable disparity between the means employed by the offender and the
resulting felony; the offender has no intention to commit so grave a wrong as
that committed.
Elements:
(1) That the offender committed a felony; and

(2) There must be a notable or notorious disparity between the
means employed by the offender and the resulting felony.
IMPOSSIBLE CRIME
Elements:
(1) The act performed would be an offense against persons or property;

(2) The act was done with evil intent;
(3) The act was not accomplished because of its inherent impossibility or the
employment of the inadequate and ineffectual means;
(4) The act performed should not constitute any other violation of RPC.
ARTICLE 6.CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES
ATTEMPTED STAGE
Elements:
(1) The offender commences the commission of the felony directly by overt acts;

(2) That offender does not perform all acts of execution that would have produced
the felony;
(3) That offender was not able to perform all acts of execution by reason of some
cause or accident other than his own spontaneous desistance
FRUSTRATED STAGE
Elements:
(1) The offender performs all the acts of execution which would produce the felony;
and
(2) The felony was not produced by reason of causes independent of the will of the
perpetrator.
CONSUMMATED STAGE
A crime is consummated when all the elements necessary for its execution and
accomplishment are present.
ARTICLE 8.CONSPIRACY AND PROPOSAL TO COMMIT FELONY
A conspiracy exists when two or more persons come to an agreement

concerning the commission of a felony and decide to commit it.
Note: In case of conspiracy, the conspirators are liable only for the crime
agreed upon by them. Exceptions:
(a) When the other crime was committed in the presence of the
other conspirators and they did not perform acts to prevent
its commission;

(b) When the other crime committed was the natural

consequence of the of the crime agreed upon; and
(c) When the resulting crime is a composite crime or a special

complex crime or a single indivisible complex crime.
There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.
ARTICLE 11.JUSTIFYING CIRCUMSTANCE
SELF-DEFENSE
Elements:
(1) Unlawful aggression;

(2) Reasonable necessity of the means employed to prevent or repel it; and
(3) Lack of sufficient provocation on the part of the person defending himself.
When is aggression unlawful?
Elements:
(1) There must be a physical or material attack or assault;

(2) The attack or assault must be actual or at least imminent; and
(3) The attack or assault must be unlawful.
Factors to be considered to determine reasonable necessity of the means

employed:
(1) The nature and the kind of weapon used by the aggressor;

(2) The physical condition, size, weight and other personal

circumstances of the aggressor as opposed to that of the person
defending himself; and
(3) The place and location of the assault or aggression.
When provocation not sufficient?
(1) When no provocation at all was given;

(2) When the provocation did not come from the person defending
himself; and
(3) When although the provocation came from the person defending
himself, the same is not immediate or imminent to the
aggression.
DEFENSE OF RELATIVES
Elements:

(2) Reasonable necessity of the means employed to prevent or repel it;
(3) In case the provocation was given by the person attacked, the one making
defense had no part therein.
Note: In defense of the person or rights of one’s:
a. spouse;
b. ascendants;
c. descendants;
d. legitimate, natural, or adopted brothers and sisters; or
e. relative by affinity of the same degree or by consanguinity within the
4th civil degree

DEFENSE OF STRANGERS
Elements:

(2) Reasonable necessity of the means employed to prevent or repel it; and
(3) The person defending is not induced by revenge, resentment or other evil
motive.
STATE OF NECESSITY
Elements:
(1) The evil sought to be avoided actually exists;

(2) The injury feared be greater than that done to avoid it;
(3) That there is no other practical and less harmful means of preventing it; and
(4) That the state of necessity or emergency was not due to the fault or negligence
of the person claiming the defense.
Note: There is civil liability in case of the Defense of State of Necessity. The civil
liability is born not only by the accused but by all those who are benefited by the
defense of state of necessity.
LAWFUL PERFORMANCE OF A DUTY
Elements:
(1) Accused acted in the due performance of a duty or in the lawful exercise of a
right or office; and
(2) The resulting felony is an unavoidable consequence of the due performance of
his duty or the lawful exercise of such right or office.

LAWFUL ORDER
Elements:
(1) That an order has been issued by a superior;

(2) The said order must be for some lawful purpose; and
(3) The means employed by the subordinate to carry out the said order is lawful.
ARTICLE 12.EXEMPTING CIRCUMSTANCES
IMBECILITY
An imbecile person is one who is already advanced in age but has only the mental
capacity of a 2-7 year old child. Therefore, he lacks intelligence – an element of voluntariness in
the commission of a crime.
Imbecility is exempting under any and all circumstances. There is no lucid interval in
imbecility unlike in insanity.
INSANITY
Insanity is the mental aberration of the mind. The offender is totally deprived of reason.
He cannot appreciate the consequences of his act and could not distinguish right from wrong.
Insanity is not exempting under any or all circumstances because first paragraph of Art.
12 provides that he is exempted “unless the offender acted during a lucid interval”.
Mere mental disturbance or mere craziness is not the insanity contemplated by the law.
It must be an insanity which would deprive the offender the capacity to distinguish right from
wrong and the consequences of his acts.

Note: Sleep walking or somnambulism is akin to insanity. In this case, the

offender is not aware of what he is doing.
ACCIDENT
Elements:
(1) The offender was performing a lawful act;

(2) He was performing a lawful act with due care;
(3) He causes an injury to another by mere accident; and
(4) The said injury was without fault or intent on the part of the said offender.
Note: In case of accident, there is no criminal as well as civil liability.
IRRESISTABLE FORCE
Elements:
(1) The compulsion is by physical force;

(2) The physical force must be irresistible; and
(3) The physical force must come from a third person.
Note: There is irresistible force when the accused is reduced to a mere

instrument – he is not acting in his own will. Therefore, the element of
voluntariness is absent.
UNCONTROLLABE FEAR
Elements:
(1) That there exists an uncontrollable fear;

(2) The fear must be real or at least imminent; and

(3) The fear of the injury is greater than or at least equal to the act committed.
Note: The fear is uncontrollable when it has reduced the actor a mere
instrument in such a way that he acted not only without will but also against his
will.
LAWFUL AND INSUPERABLE CAUSE
Elements:
(1) An act is required by law to be done;

(2) A person fails to perform such act; and
(3) The failure to perform such act was due to some lawful and insuperable cause.
ARTICLE 13.MITIGATING CIRCUMSTANCES
PRAETER INTENTIONEM
Elements:
(1) That the offender committed a felony; and

(2) There must be a notable or notorious disparity between the means employed by
the offender and the resulting felony.
SUFFICIENT PROVOCATION OR THREAT
Elements:
(1) The provocation must be sufficient;

(2) The provocation must originate from the offended party; and
(3) The provocation must be immediate to the commission of the crime by the
person who was provoked.

Note: The word immediate here does not allow a lapse of time. There
must be no lapse of time between the provocation and the commission of
the crime.
Note: For provocation to be sufficient, two elements must concur:
(a) The provocation must be adequate to stir a person to commit a

wrongful act; and
(b) The provocation must be proportionate to the gravity of the
crime.
IMMEDIATE VINDICATION OF A GRAVE OFFENSE
Elements:
(1) That there be a grave offense committed to:
(a) the one committing the felony;

(b) his spouse;
(c) ascendants;
(d) descendants;
(e) legitimate, natural, or adopted brothers and sisters; or
(f) relatives by affinity within the same degree.
(2) That the said act or grave offense must be the proximate cause of the
Note: “Immediate vindication of a grave offense.” The word immediate here

allows a lapse of time but not too long a time that would allow the offender to recover
his normal equanimity.

PASSION AND OBFUSCATION
Elements:
(1) There be an act both unlawful and sufficient to produce passion and obfuscation;
and
(2) The commission of the criminal act and the said sudden impulse of passion and
obfuscation must not be far removed from the each other by a considerable
length of time during which the offender might have recovered his normal
equanimity.
Note: Sufficient Provocation, Immediate Vindication of a Grave Offense

and Passion and Obfuscation are related to each other. If these three
circumstances arose from the same fact and circumstances, they shall be
treated and considered by the court only as one mitigating circumstance.
VOLUNTARY SURRENDER
Elements:
(1) Offender has not been actually arrested;

(2) That the offender surrendered himself to a person in authority or his agents; and
(3) That the said surrender is voluntary.
Note: Surrender is voluntary when it is done spontaneously and

unconditionally – either because the accused has this feeling of remorse and
wanted to save the government that much needed time , effort and funds
which will be incurred looking for him.

VOLUNTARY PLEA OF GUILTY
Elements:
(1) The offender confessed his guilt spontaneously and unconditionally;

(2) The confession of guilt must be made in open court – the court that is trying the
case; and
(3) The confession of guilt must be made before the presentation of evidence for
the prosecution.
Note: To be spontaneous and unconditional, the plea of guilt must be for

the original crime charged.
ILLNESS OF THE OFFENDER
Elements:
(1) The illness of the offender must diminish the exercise of the will power of the
offender; and
(2) Such illness of the offender must not totally deprive him of consciousness of his
act.
ARTICLE 14.AGGRAVATING CIRCUMSTANCES
TAKING ADVANTAGE OF PUBLIC POSITION
Elements:
(1) The offender is a public officer or employee; and

(2) That the offender took advantage of the prestige, influence, or ascendancy of his
office in the commission of the crime or to facilitate the commission of the
crime.
CONTEMPT OR INSULT TO PUBLIC AUTHORITIES
Elements:
(1) That the public authority is engaged in the exercise of his functions;
(2) That the public authority is not the person against whom the crime was
committed;
(3) That the offender knows him to be a public authority; and
(4) That the presence of the public authority did not prevent the said offender from
committing the crime.
DISREGARD OF RANK, AGE, SEX OR DWELLING
1. Disregard of rank
- refers to high social stranding; for this to be considered as an aggravating
circumstance, it is necessary that the offender be of lower rank than that of the
offended party.
2. Disregard of age
- refers to both minority and seniority; treachery absorbs disrespect of age.
3. Disregard of sex
- refers to the female sex; this is inherent in the crime of rape and in certain
crimes involving chastity.
Note: Disregard of rank, age and sex can only be considered in crimes
against persons and crimes against chastity.

4. Dwelling
- considered as an aggravating circumstance if the crime is committed inside the
dwelling of the offended party and the latter has not given any provocation;
ownership is immaterial; it suffices that the offended party uses it for his rest
and comfort; dwelling includes its dependencies, staircases and enclosures.
Note: Dwelling cannot be considered as aggravating, when:
(a) The offender has given provocation;

(b) The offender and the offended party are living in the same
dwelling; and
(c) Dwelling is inherent in the commission of the crime.
ELEMENTS OF ABUSE OF CONFIDENCE
Elements:
(1) That the offended party has trusted the offender;

(2) That the offender abused the trust by committing a crime against the offended
party; and
(3) That abuse of confidence facilitated the commission of the crime.
OBVIOUS UNGRATEFULNESS
Elements:
(1) That the offended party has trusted the offender;

(2) That the offender abused such trust by committing a crime against the offended
party; and
(3) That the crime be committed with obvious ungratefulness.

THAT THE CRIME BE COMMITTED:
(1) In the palace of the Chief Executive;

(2) In the presence of the Chief Executive;
(3) In the place where the public authorities are engaged in the discharge of their
duties; or
(4) In a place dedicated to religious worship.
Note: In order for these aggravating circumstances to be considered, it is

necessary that the offender deliberately sought the place in order to commit the
crime. Otherwise, it cannot be said that he disrespected the place.
NIGHTTIME
Elements:
(1) The offender deliberately took advantage of nighttime or cover of darkness; and
(2) The purpose of the offender is to facilitate the commission of the crime or to
insure or afford impunity.
Note: The moment the scene of the crime was illuminated by any light,
night time cannot be considered as an aggravating circumstance.
UNINHABITED PLACES
Elements:
(1) The offender has very little or remote possibility to receive some help; and
(2) The offender deliberately sought the uninhabited place to facilitate the

COMMITTED BY A BAND
Elements:
(1) There is more than three (at least four) armed malefactors; and
(2) They shall have acted together in the commission of the crime.
RECIDIVISM
Elements:
(1) That the offender is on trial for an offense;

(2) That the offender was previously convicted by final judgment of another crime;
(3) That both the first crime and the second offense are embraced in the same title
of the code; and
(4) The offender is convicted for the second offense charged.
Note: Recidivism is imprescriptible. There is no time limit between the first and
the second crime for which the accused were convicted.
REITERACION
Elements:
(1) That the offender is on trial for an offense;

(2) That the offender has previously served sentence for another crime to which the
law attaches an equal or greater penalty or for two or more crimes to which the
law attaches a lighter penalty; and
(3) That the offender is convicted of the new offense.

HABITUAL DELINQUENCY
Elements:
(1) That the offender has been convicted of either falsification, robbery, estafa,
theft, serious physical injuries or less serious physical injuries (FRETSeL);
(2) That each conviction must come within 10 years from the date of last release or
last conviction of the previous crime; and
(3) That there must at least be three convictions.
Note: Quasi-recidivism is a Special Aggravating Circumstance
QUASI-RECIDIVISM
Elements:
(1) That the accused is already convicted by final judgment of one offense; and
(2) The accused committed a new felony before beginning to serve his sentence or
while serving his sentence.
Note: Quasi-recidivism is a Special Aggravating Circumstance.
EVIDENT PREMEDITATION
Elements:
(1) The time when the offender determined to commit the crime;
(2) An act manifestly indicating that he has clung to his determination; and
(3) Sufficient lapse of time between the determination and the actual execution of
the crime as to allow the offender to reflect upon the consequences of his acts.

CRAFT, FRAUD, DESIGN
1. Craft
- refers to cunning or intellectual trickery resorted to by the accused so as to
commit the crime.
2. Fraud
- deceit manifested by the use of insidious words or machination resorted to
by the said accused so that the offended party will perform an act that will
ensure and facilitate the commission of the crime.
3. Disguise
- refers to ways, means, effects and methods resorted by the accused to
conceal his identity during the commission of the crime.
Note: If despite the disguise the offender was recognized, disguise as

an aggravating circumstance cannot be considered.
ABUSE OF SUPERIOR STRENGTH
Elements:
(1) That there be a notorious inequality of forces between the offender and the
offended party in terms of their height, size, weight and strength; and
(2) The offender took advantage of this inequality of forces to facilitate the
TREACHERY
Elements:
(1) That the offender deliberately adopted the particular means, method or form of
attack employed by him;

(2) That at the time of the attack, the victim was not in a position to defend himself.
Note: The essence of treachery is the suddenness and

unexpectedness of the attack. The victim must be totally defenseless.
Even if the attack is frontal, if it is so sudden and unexpected such that
the offended party was not able to put up any defense, there is still
treachery. Whenever the offended party is a minor, there is always
treachery because a minor is always defenseless.
IGNOMINY
A moral circumstance which adds to the injury suffered by the victim; it is

humiliation, embarrassment and moral killing.
CRUELTY
Elements:
(1) That at the time of the infliction of the physical pain, the offended party is still
alive; and
(2) That the offender enjoys and delights in seeing the victim suffer gradually by the
infliction of the physical pain.
ARTICLE 15.ALTERNATIVE CIRCUMSTANCES
RELATIONSHIP
Relationship is considered as alternative circumstance when the offender is

related to the offended party as his:
a. spouse;

b. ascendants;
c. descendants;
d. legitimate, natural or adopted brothers and sisters; or
e. relatives by affinity in the same degree.
Mitigating:
In crimes against property, relationship is generally mitigating. However,

under Article 332, relationship is an absolutory clause in cases of theft, estafa,
swindling and malicious mischief.
In crimes against persons, relationship is mitigating when:
(a) The offender is of higher degree than that of the offended party; and
(b) The crime committed is less serious physical injury or slight physical
injury.
Aggravating:
In crimes against persons, if the crime committed is serious physical

injury.
INTOXICATION
There is intoxication when the offender has taken such amount of liquor of
sufficient quantity as to affect his mental capacity to appreciate the consequences of his
act.
Mitigating:
Intoxication is considered as a mitigating circumstance when:
(a) It is not habitual; or

(b) It is not subsequent to a plan to commit the crime (intentional).
Aggravating:
Intoxication is considered an aggravating circumstance when:
(a) It is habitual; or
(b) It is subsequent to a plan to commit the crime (intentional).
DEGREE OF INSTRUCTION AND EDUCATION OF THEOFFENDER
A low degree of education or instruction is considered as mitigating

circumstance, unless the crime committed is inherently evil or wrong.
A high degree of education or instruction is considered an aggravating

circumstance when the offender makes use of his high degree of education in
facilitating the commission of the crime.
ABSOLUTORY CAUSES AND EXTENUATING CIRCUMSTANCES
Absolutory Causes
Are those circumstances which have the effect of exempting a person from
criminal liability but which are not included in Article 12 of the RPC.
Note: Instigation is an absolutory cases.
Extenuating Circumstances
Are those circumstances which have the same effect as a mitigating

circumstance but which is not included in Article 13 of the RPC.

ARTICLE 17.PRINCIPALS
PRINCIPAL BY INDUCTION OR INDUCEMENT
Elements:
(1) The inducement must be made directly with the intent of procuring the
commission of the crime; and
(2) The inducement must be the determining cause or the primary factor why the
crime was committed.
Note: Inducement may come in different forms:
(a) By giving of price, reward or promise; or
(b) By employing force, command or ascendancy that is followed by the

principal by direct participation.
ARTICLE 18.ACCOMPLICES
WHO IS AN ACCOMPLICE
Elements:
(1) There must be a community of design;
(2) The he performs acts previous or simultaneous to the commission of the crime;
and
(3) There is a direct relation between the acts performed by the principal and those
attributed to an accomplice.

Note: Community of design is the concurrence of the accomplice

to the criminal design of the principal.
ARTICLE 19.ACCESSORIES
Accessories are those who, having knowledge of the commission of the crime,
and without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
(1) By profiting themselves or assisting the offender to profit by the effects of the
crime;
(2) By concealing or destroying the body of the crime, or the effects or
instruments thereof, in order to prevent its discovery; or
(3) By harboring, concealing, or assisting in the escape of the principals of the
crime, provided the accessory acts with abuse of his public functions or
whenever the author of the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is known to be habitually
guilty of some other crime.
BODY OF THE CRIME
Elements:
(1) Proof of the occurrence of a certain event; and
(2) Proof of a person’s criminal liability therefor.
FENCING
Elements:
(1) That a crime of robbery or theft has been committed;
(2) That the offender is found in possession of any articles, items or objects which
are the proceeds of the said robbery or theft;
(3) That there was intent on the part of the offender to gain either for himself or for
another; and

(4) That the offender knows or should have known that the things in his possession
are proceeds of robbery or theft.
Note: Fencing is not a continuing offense.
ARTICLE 48.COMPLEX CRIMES
COMPOUND CRIME
There is a compound crime when a single act constitutes two or more grave or less
grave felonies.
Elements:
(1) The offender performs a single act;

(2) That the single act produces two or more grave or less grave felonies.
Note: The penalty for the most serious crime in its maximum
period shall be imposed.
COMPLEX CRIME
There is a complex crime proper when an offense is a necessary means to

commit the other offense.
Elements:
(1) That there be two or more offenses committed;
(2) That one or more of these offenses be necessary to commit the other
offense;
(3) That all of these offenses must be punished by the same statute.

Note: The penalty for the most serious crime in its maximum period shall
be imposed.
SPECIAL COMPLEX CRIME
There is a special complex crime when two or more crimes are committed but in
the eyes of the law there is only one crime committed. It is the law that prescribes a
particular or specific penalty for the complexed or combined crimes.
CONTINUED CRIME/ DELITO CONTINUADO
It is one wherein the offender, impelled by a single criminal impulse, commits a

series of overt acts in about the same time and about the same place, violating one and
the same provision of the law.
Elements:
(1) There is plurality of acts performed separately during a period of time;

(2) There is unity of criminal intent and purpose; and
(3) There is unity of penal provisions violated.
TRANSITORY CRIME/CONTINUING CRIMES
Transitory crime is one wherein the offender can be prosecuted in any of the
courts of the place where the essential elements or ingredients of the crime has been
committed.
Limitation: The moment the offender is prosecuted in one court, he can

no longer be prosecuted in any other court.

INDETERMINATE SENTENCE LAW (ACT 4103)
GRANT OF PAROLE
Requisites:
(1) That the convict must be placed in prison jail to serve an indeterminate sentence
penalty which exceeds one year;
(2) The convict must have served the minimum term of the sentence; and
(3) The Board of Pardons and Parole finds that he has already reformed and his
release is for the greater interest of the society.
Note: The objectives of the Indeterminate Sentence Law are:
(a) To uplift and redeem valuable human life;
(b) To avoid unnecessary and excessive deprivation of liberty.
WHO ARE DISQUALIFIED
(1) Those convicted of an offense punished by death, life imprisonment, or reclusion

perpetua;
(2) Those convicted of treason, conspiracy or proposal to commit treason;
(3) Those convicted of misprision of treason, rebellion, sedition, espionage;
(4) Those convicted of piracy;
(5) Those who are habitual delinquents;
Note: Recidivists are entitled to an indeterminate sentence.

(People v. Jaranilla, 1974
(6) Those who have escaped from confinement or have evaded the service of their
sentence.

(7) Those who have violated the terms of the conditional pardon granted to them by
the President; and
(8) Those whose maximum period of imprisonment does not exceed one year.
PROBATION LAW (PD 698 as amended by RA 10707)
WHO ARE DISQUALIFIED
(1) Those sentenced to serve a maximum term of imprisonment of more than six
years;
(2) Those convicted of any offense against the security of the State;
(3) Those who have previously been convicted by final judgment of an offense
punished by imprisonment of not less than one month and one day and/or a fine
of not less than Two Hundred Pesos;
(4) Those who have been once on probation under the provisions of this Decree;
and
(5) Those who are already serving sentence at the time the substantive provisions of
this Decree became applicable.
(6) Those who have been convicted of an election offense under the Omnibus
Election Code.
(7) Those who have been convicted of drug trafficking or drug pushing.
Note: The objectives of the Probation Law are:
(a) To promote the correction and rehabilitation of the offender

because the offender is placed under a personalized
treatment;
(b) To provide an opportunity for the reformation of the penitent
offender;
(c) To prevent further commission of crimes because the offender
is placed under a personalized treatment;
(d) To decongest jails; and

(e) To save the government from spending much-needed funds

when the offender will be placed behind bars.
ARTICLE 89.HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED
MODES:
(1) By death of the convict;

(2) By service of the sentence;
(3) By amnesty;
(4) By absolute pardon;
(5) By prescription of the crime;
(6) By prescription of the penalty; and
(7) By valid marriage of the offended woman, as provided in Art. 344 of the RPC.
ARTICLE 90.PRESCRIPTION OF CRIMES
PERIOD OF PRESCRIPTION OF CRIMES
(1) Death, Reclusion Perpetua or Reclusion Temporal – 20 years.

(2) Prision Mayor – 15 years.
(3) Correctional Penalties – 10 years, except for Arresto Mayor – 5 years.
(4) Libel – 1 year.
(5) Oral Defamation/ Slander – 6 months.
(6) Light Offenses – 2 months.
ARTICLE 91.COMPUTATION OF PRESCRIPTION OF OFFENSES
1. The period of prescription shall commence to run from the day on which the crime is
discovered by the:
(a) Offended party; or

(b) The authorities or their agents,
2. The period of prescription shall be interrupted by the filing of the complaint or

information but shall commence to run again when such proceedings are:
(a) Terminated without the accused being convicted or acquitted; or

(b) Unjustifiably stopped for any reason not imputable to the accused.
ARTICLE 92.WHEN AND HOW PENALTIES PRESCRIBE
PERIOD OF PRESCRIPTION OF PENALTIES
(1) Death and Reclusion Perpetua – 20 years.

(2) Reclusion Temporal and Prision Mayor – 15 years.
(3) Correctional Penalties – 10 years, except Arresto Mayor – 5 years.
(4) Light Penalties – 1 year.
ARTICLE 93.COMPUTATION OF THE PRESCRIPTION OF PENALTIES
1. The period of prescription of penalties shall commence to run from the date when the
culprit should evade the service of his sentence; and
2. The period of prescription of penalties shall be interrupted if the convict:
(a) should give himself up (surrender);

(b) be captured;
(c) should go to some foreign country with which the government has no
extradition treaty; or
(d) should commit another crime before the expiration of the period of prescription.

ARTICLE 94.PARTIAL EXTINCTION OF CRIMINAL LIABILITY
MODES:
(1) By conditional pardon;

(2) By commutation of the sentence;
(3) For good conduct allowances which the culprit may earn while:
(4) under preventive imprisonment; or
(5) serving his sentence.
(6) By parole; or
(7) By probation.
ARTICLE 103.SUBSIDIARY CIVIL LIABILITIES OF OTHER PERSONS
SUBSIDIARY LIABILITY OF EMPLOYERS

FOR CRIMES COMMITTED
BY THEIR EMPLOYEES
Requisites:
(1) The employer must be engaged in some kind of Industry;

(2) There must exist an employer-employee relationship;
(3) That at the time of the commission of the crime, the employee is in the
performance of his function or duties as employee; and
(4) The employee must be convicted and found to be insolvent to pay the civil
liability.
Note: The moment the employee was found to be insolvent, the liability
of the employer becomes absolute. By then, the private complainant may file a
motion for the issuance of a subsidiary writ of execution.

Criminal Law Review Special Penal Laws (2018) : Book of Elements (Book 1)

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Criminal Law Review Special Penal Laws (2018) : Book of Elements (Book 1)

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CRIMINAL LAW REVIEW BOOK OF ELEMENTS (BOOK 1)

CRIMINAL LAW REVIEW

(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 1

REVISED PENAL CODE OF THE PHILIPPINES

TWO KINDS OF FELONIES

1. Intentional Felony – when the act is done with deliberate intent.

(1) Criminal intent on the part of the offender;

(1) Criminal negligence on the part of the offender;

COMMON ELEMENTS OF INTENTIONAL AND CULPABLE FELONY

So if the criminal act has been committed by an insane, imbecile or a minor 15

However, motive becomes material in determining the criminal liability of the

(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 3

ARTICLE 4.CRIMINAL LIABILITY

PROXIMATE CAUSE DOCTRINE

(1) The intended act is a felonious act;

(1) Abberatio Ictus

(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 4

(2) Error In Personae

(3) Prater Intentionem

(1) That the offender committed a felony; and

(1) The act performed would be an offense against persons or property;

ARTICLE 6.CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES

(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 5

ARTICLE 8.CONSPIRACY AND PROPOSAL TO COMMIT FELONY

A conspiracy exists when two or more persons come to an agreement

(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 6

(b) When the other crime committed was the natural

(c) When the resulting crime is a composite crime or a special

ARTICLE 11.JUSTIFYING CIRCUMSTANCE

(1) Unlawful aggression;

When is aggression unlawful?

(1) There must be a physical or material attack or assault;

Factors to be considered to determine reasonable necessity of the means

(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 7

(2) The physical condition, size, weight and other personal

When provocation not sufficient?

(1) When no provocation at all was given;

(1) Unlawful aggression;

Note: In defense of the person or rights of one’s:

(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 8

(1) Unlawful aggression;

(1) The evil sought to be avoided actually exists;

LAWFUL PERFORMANCE OF A DUTY

(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 9

(1) That an order has been issued by a superior;

ARTICLE 12.EXEMPTING CIRCUMSTANCES

(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 10

Note: Sleep walking or somnambulism is akin to insanity. In this case, the

(1) The offender was performing a lawful act;

Note: In case of accident, there is no criminal as well as civil liability.

(1) The compulsion is by physical force;

Note: There is irresistible force when the accused is reduced to a mere

(1) That there exists an uncontrollable fear;

(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 11

LAWFUL AND INSUPERABLE CAUSE

(1) An act is required by law to be done;

ARTICLE 13.MITIGATING CIRCUMSTANCES

(1) That the offender committed a felony; and

SUFFICIENT PROVOCATION OR THREAT

(1) The provocation must be sufficient;

(LIBERTAS ET IUSTICIA 2018) CJ COJAMCO, DD FERNANDEZ*, JG MIRANDA 12

Note: For provocation to be sufficient, two elements must concur:

(a) The provocation must be adequate to stir a person to commit a