CRIMINAL LAW WEEK 3 REVIEWER – 2020-01
Penalties are not excessive when intended to
LEGALITY
ARTICLE 5. Duty of the Court in Connection with
Acts Which Should Be Repressed but Which are
Not Covered by the Law, and in Cases of
Excessive Penalties. — Whenever a court has
knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall
render the proper decision, and shall report to the
Chief Executive, through the Department of Justice,
the reasons which induce the court to believe that said
act should be made the subject of penal legislation.
In the same way the court shall submit to the Chief
Executive, through the Department of Justice, such
statement as may be deemed proper, without
suspending the execution of the sentence, when a
strict enforcement of the provisions of this Code would
result in the imposition of a clearly excessive penalty,
taking into consideration the degree of malice and the
injury caused by the offense.
REQUIREMENTS OF THE FIRST PARAGRAPH
1. The act committed by the accused appears not
punishable by any law
2. The court deemed it proper to repress such
act
3. The court must render the proper decision by
dismissing the case and acquitting the
accused
4. The judge must then make a report to the
Chief Executive, through the secretary of
Justice, stating the reasons which induce him
to believe that the said act should be made
the subject of penal legislation.
Basis: Nullum crimen, nulla poena sine lege
REQUIREMENTS OF THE SECOND PARAGRAPH
1. The court after trial finds the accused guilty
2. The penalty provided by law and which the
court imposes for the crime committed appears
to be clearly excessive, because:
a. The accused acted with lesser
degree of malice
b. There is no injury or the injury
caused is of lesser sentence
3. The court should not suspend the
execution of the sentence
4. The judge submit a statement to the Chief
Executive through the Secretary of Justice,
recommending executive Clemency.
Exception to paragraph 2:
enforce a public polic.
Note:
1. Courts have the duty to apply the penalty
provided the law and apply the law as
interpreted by the Supreme Court. (Dura Lex
Sed Lex)
2. Article 5 may be applied in relation to penalties
that the court believe should be subject of
amendments by the legislature. E.g.:
a. Penalties of felonies under RPC were
pegged to the value of the money and
property in 1930 when said code was
enacted.
3. Article 5 may be applied to violations of special
laws by suppletory application in light of Article
10 of the RPC.
PRO REO
CONSTRUCTION OF PENAL LAWS
1. IN DUBIO PRO REO
- Only applies when the law is ambiguous and
when there is doubt to its interpretation.
- Penal laws are strictly construed against the
government and liberally in favour of the
accused.
2. SPANISH TEXT IS CONTROLLING
- In the construction and interpretation of the
provisions of the Revised Penal Code, Spanish
text is controlling because it was approved by
the Philippine Legislature in its Spanish text.
PROSPECTIVITY
ARTICLE 366. Application of Laws Enacted Prior
to this Code. — Without prejudice to the provisions
contained in article 22 of this Code, felonies and
misdemeanours, committed prior to the date of
effectiveness of this Code shall be punished in
accordance with the Code or Acts in force at the time
of their commission.
EXCEPTIONS TO THE PROSPECTIVE
APPLICATIONS OF CRIMINAL LAWS
1. When the conditions of a new statue are more
lenient or favourable to the accused , it can
be given a retroactive effect
Exception to the exception:
 CRIMINAL LAW WEEK 3 REVIEWER – 2020-01
1. Where the new law is expressly made
inapplicable to pending actions or
existing causes of action.
2. Where the offender is a habitual criminal
under Rule 5, Article 62 RPC
DIFFERENT EFFECTS OF REPEAL ON PENAL LAW
1. If the repeal makes the penalty lighter in the
new law, the new law shall be applied (see
exceptions)
2. If the new law imposes a heavier penalty, the
law in force at the time of the commission
of the offense shall be applied.
3. If the new law absolutely repeals the
existing law so that the act which was
penalized under the old law is no longer
punishable, the crime is obliterated. The
offense ceases to be criminal
4. Criminal liability under former law subsists:
a. When the provisions of the former law are
re-enacted
b. When the repeal is by implication
c. When there is a saving clause
The repeal of penal law which impliedly repealed an
old penal law revives the old law unless the language
of the repealing statute provides otherwise.
Note:
- A person erroneously accused and convicted
under a repealed statute may be punished
under the repealing statute
- A new law which omits anything contained in
the old law dealing on the same subject,
operates as a repeal of anything not so
included in the amendatory act
o Cessante ratione legis cessat ipsa lex
o The reason for the law ceasing, the law
itself also ceases
- When the act expires by its own limitation, the
effect is the same as though it had been
repealed at the time of expiration.
ARTICLE 22. Retroactive Effect of Penal Laws. —
Penal laws shall have a retroactive effect in so far as
they favor the person guilty of a felony, who is not a
habitual criminal, as this term is defined in rule 5 of
article 62 of this Code, although at the time of the
publication of such laws a final sentence has been
pronounced and the convict is serving the same
- Article 22 is not applicable to the provisions of
the Revised Penal Code.
Exceptions:
o Penal laws existing prior to the RPC in
which the penalty was less severe than
those of the code
o Laws enacted subsequent to the RPC in
which the penalty is more favourable
to the accused.
GENERAL RULE:
CRIMINAL LAWS ARE PROSPECIVE IN NATURE
Exception:
- To give retroactive effect when favourable to
the accused
o Exception applies to a law dealing with
prescription of crime.
Caveat: Both laws must refer to the same deed or
omission
Exception to the exception:
The new law may provide otherwise
Notes:
- Article 22 may be applied to special laws.
- Criminal law’s retroactive application does not
apply civil liability
o Whether the new civil law is favourable
or not to the accused, the civil liability
will still no be given retroactive effect.
- Giving a law retroactive effect, if unfavourable
to the accused, will violate the constitutional
inhibition as to ex post facto laws.
Ex post facto law:
(1) makes criminal an act done before the passage of
the law and which was innocent when done, and
punishes such an act;
(2) aggravates a crime, or makes it greater than it
was, when committed;
(3) changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed;
(4) alters the legal rules of evidence, and authorizes
conviction upon less or different testimony than the
law required at the time of the commission of the
offense; (5) assuming to regulate civil rights and
remedies only, in effect imposes penalty or deprivation
of a right for something which when done was lawful,
and
(6) deprives a person accused of a crime of some
lawful protection to which he has become entitled,
such as the protection of a former conviction or
acquittal, or a proclamation of amnesty.
RETROACTIVE EFFECT INSOFAR AS IT FAVOUR
THE ACCUSED IS APPLICABLE EVEN IF THE
ACCUSED IS ALREADY SERVING HIS SENTENCE
Qualifying Situations:
- The crime has been committed and prosecution
beings
- Sentence has been passed but service has not
begun
- The sentence is being carried
HABITUAL CRIMINAL
- If within a period of ten years from the date
of his release or last conviction of the
crimes of serious or less serious physical
 CRIMINAL LAW WEEK 3 REVIEWER – 2020-01
injuries, robbery, theft, estafa, or
falsification, he is found guilty of any said
crimes a third time or oftener (Rule 5, Art.
62)
NOTES:
1. The jurisdiction of a court to try a criminal
action is to be determined by the law in force
at the time of instituting the action, not at the
time of the commission of the crime.
2. Jurisdiction of courts in criminal cases is
determined by the allegations of the complaint
or information
What penalty may be imposed for the
commission of a felony?
1. Penalty prescribed by law prior to the
commission of the felony may be imposed
2. Penalty prescribed under the laws in force
at the time of their commission
3. Penalty prescribed by a law enacted after
the commission if it is favourable to the
offender.
CRIMINAL LAW IN THE LARGER LEGAL
SYSTEM
I.PUBLIC AND PRIVATE DIMENSION OF
CRIMINAL LAW
The state has the authority, under its police power to
define and punish crime and to lay down the rules of
criminal procedure.
The right of prosecution and punishment for a crime is
one of the attributes that by a natural law belongs to
the sovereign power charged by the common will of
the members of society to look after, guard and
defend:
a. the interests of the community
b. the individual and social rights
c. the liberties of every citizen
d. the guaranty of the exercise of his
right
ARTICLE 23. Effect of Pardon by the Offended
Party. — A pardon by the offended party does not
extinguish criminal action except as provided in article
344 of this Code; but civil liability with regard to the
interest of the injured party is extinguished by his
express waiver.
A pardon by the offended party does not
extinguish criminal action
Reason:
- A crime committed is an offense against the
State.
Notes:
- Only the Chief Executive can pardon the
offenders (Art. 36)
- Compromise does not extinguish criminal liability
o Article 2034 (Civil Code) states that
“there may be a compromise upon the
civil liability arising from the offense;
but such compromise shall not
extinguish the public action for the
imposition of the legal penalty.
o A contract stipulating for the
renunciation of the right to prosecute
an offense or waiving the criminal
liability is void.
Exception:
“Except as provided in Article 344 of this code”
ARTICLE 344. Prosecution of the Crimes of
Adultery, Concubinage, Seduction, Abduction,
Rape and Acts of Lasciviousness. — The crimes of
adultery and concubinage shall not be prosecuted
except upon a complaint filed by the offended spouse.
The offended party cannot institute criminal
prosecution without including both the guilty parties, if
they are both alive, nor, in any case, if he shall have
consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted except upon a
complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the
offender has been expressly pardoned by the above
named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness
and rape, the marriage of the offender with the
offended party shall extinguish the criminal action or
remit the penalty already imposed upon him. The
provisions of this paragraph shall also be applicable to
the co-principals, accomplices and accessories after
the fact of the abovementioned crimes.
Adultery and Concubinage
Cannot be prosecuted:
1. Except upon the complaint of the offended
spouse
2. Without including both the guilty parties (if
both alive)
3. If he shall have consented or pardoned the
offenders.
a. May be implied, as continued inaction
of the offended party after learning the
offense
Seduction, Abduction, Rape, Ac of Lasciviousness
Cannot be prosecuted:
1. If the offender has been expressly pardoned
by the offended party, her parents,
grandparents or guardian.
 CRIMINAL LAW WEEK 3 REVIEWER – 2020-01
2. If after the institution of criminal action,
the offender and the offended party got
married
Take Note:
-The pardon must be afforded BEFORE the
institution of the criminal prosecution
-Article 344 is only a bar to criminal
prosecution. The criminal liability is not
extinguished.
o Article 89, providing for total extinction
of criminal liability, does not mention
pardon by offended party.
General Rule
Offense causes to classes of injuries:
1. Social injury
a. Produced by disturbance and alarm
b. Repaired through imposition of
corresponding penalty
c. State has the interest
d. Cannot be pardoned by the offended
party
2. Personal injury
a. Damage to the victim’s person,
property honor and chastity
b. Repaired through indemnity
c. State has no reason to insist penalty
d. Indemnity may be expressly waive by
the offender.
ARTICLE 36. Pardon; Its Effects . — A pardon
shall not work the restoration of the right to hold
public office, or the right of suffrage, unless such rights
be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the
payment of the civil indemnity imposed upon him by
the sentence.
PARDON BY THE PRESIDENT
1. Shall not restore the right to hold public office
or the right to suffrage
Exception:
When any or both right is/are
expressly restored by the terms of pardon
Exception to the Exception:
When the facts and circumstances of
the case already show that the purpose of the
Chief Executive is precisely to restore those
rights.
2. Shall not exempt the culprit from the
payment of the civil indemnity. No exceptions.
LIMITATION OF THE PARDONING POWER
(ART. VII SEC 19 1987 CONSTITUTION)
1. Can be exercised only AFTER conviction
2. Does not extend to cases of impeachment
PARDON GRANTED IN GENERAL TERMS DOES
NOT INCLUDE ACCESSORY PENALTY
Exception:
When an absolute pardon is granted AFTER
the term of imprisonment has expired, it removes all
that is left of the consequences of conviction.
CRIMINAL PROCEDURE
RULE 110
Section 5. Who must prosecute criminal action. - All
criminal actions either commenced by complaint or by
information shall be prosecuted under the direction
and control of a public prosecutor. In case of heavy
work schedule of the public prosecutor or in the event
of lack of public prosecutors, the private prosecutor
may be authorized in writing by the Chief of the
Prosecution Office or the Regional State Prosecutor to
prosecute the case subject to the approval of the
court. Once so authorized to prosecute the criminal
action, the private prosecutor shall continue to
prosecute the case up to end of the trial even in the
absence of a public prosecutor, unless the authority is
revoked or otherwise withdrawn. However, in Municipal
Trial Courts or Municipal Circuit Trial Courts when the
prosecutor assigned thereto or to the case is not
available, the offended party, any peace officer, or
public officer charged with the enforcement of the law
violated may prosecute the case. This authority shall
cease upon actual intervention of the prosecutor or
upon elevation of the case to the Regional Trial Court.
The crimes of adultery and concubinage shall not be
prosecuted except upon a complaint filed by the
offended spouse. The offended party cannot institute
criminal prosecution without including the guilty
parties, if both are alive, nor, in any case, if the
offended party has consented to the offense or
pardoned the offenders.
The offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted upon a
complaint filed by the offended party of her parents,
grandparents or guardian, nor, in any case, if the
offender has been expressly pardoned by any of them.
If the offended party dies or becomes incapacitated
before she can file the complaint, and she has no
known parents, grandparents or guardian, the State
shall initiate the criminal action in her behalf. chan
robles virtual law library
The offended party, even if a minor, has the right to
initiate the prosecution of the offenses of seduction,
abduction and acts of lasciviousness independently of
her parents, grandparents, or guardian, unless she is
incompetent or incapable of doing so. Where the
 CRIMINAL LAW WEEK 3 REVIEWER – 2020-01
offended party, who is a minor, fails to file the Reason:
complaint, her parents, grandparents, or guardian may o Penalty for the attempted and
file the same. The right to file the action granted to frustrated crime(RPC) is two degrees
parents, grandparents, or guardian shall be exclusive or one degrees lower, respectively.
of all other persons and shall be exercised successively Special laws must provide for a penalty
in the order herein provided, except as stated in the one or two degrees lower than that
preceding paragraph. provided for the consummated stage.

No criminal action for defamation which consists in
the imputation of any of the offenses mentioned above
shall be brought except at the instance of and upon
complaint filed by the offended party.
The prosecution for violation of special laws shall be
governed by the provision thereof.
II. CRIMINAL LAW VIS-À-VIS SPECIAL LAW
2. Art. 10 is not applicable to punish an
accomplice under the special law, unless the
special law provides a penalty therefor
Reason:
a. Penalty for accomplice in a
consummated offense (RPC) is one
degree lower than the principal.
Special laws must provide for a penalty
one or two degrees lower than that
provided for the consummated stage.

ARTICLE 10. Offenses Not Subject to the 3. Mitigating or Aggravating circumstance is not
Provisions of this Code. — Offenses which are or applied to offenses punishable under special
in the future may be punishable under special laws are law. E.g.
not subject to the provisions of this Code. This Code a. Plea of guilty as mitigating
circumstance under RPC is not
shall be supplementary to such laws, unless the latter
available to offenses under special laws
should specially provide the contrary.

FIRST CLAUSE
Offenses under special laws are not subject to the
2. SUPPLEMENTARY
provisions of the Code.
- Special penal laws are controlling with regard - Means supplying what is lacking; additional
to offenses therein specifically punished - Special laws amending the RPC are subject to the
- LEX SPECIALIS DERGANT GENERALI provisions of the code
o Special legal provisions prevail over
general ones Provisions extended by the Supreme Court to
special penal laws
SECOND CLAUSE
The code shall be supplementary to such laws. 1. Article 22
- The soul of the article a. Retroactive effect when favourable to
the accused
2. Article 17
Exception:
a. Reference to the participation of
When the penalties under the special law are
principals in the commission of crimes
different from and without reference or relation to 3. Article 39
those under the RPC a. Reference to the subsidiary
imprisonment in case of insolvency to
IMPORTANT TERMS AND PHRASES pay the fine
4. Article 45
1. SPECIAL LAWS a. Reference to the confiscation of the
instruments used in the commission of
-Penal law which punishes acts not defined and crime.
penalized by the penal code.
-Statute enacted by the Legislative branch, penal Other suppletory application of the RPC to special
in character, which is not an amendment to the laws.
RPC.
-Our special laws usually follow the form of 1. Subsidiary Penalty
American Penal Law 2. Civil Liability
3. Rules on Service of Sentence
NOTES: 4. Definition on Principals, Accomplice and
1. The attempted or the frustrated stage of the Accessories
execution of an offense under special penal law 5. Principle of Conspiracy
is not punishable, unless the special law
provides a penalty therefor
 CRIMINAL LAW WEEK 3 REVIEWER – 2020-01
3. UNLESS THE LATTER SHOULD SPECIALLY
PROVIDE THE CONTRARY
Example:
Batas Pambansa Blg. 22 does not expressly proscribe
the suppletory application of the provisions of the RPC.
Thus in the absence of contrary provision in BP 22, the
general provisions of the RPC which, by their nature,
are necessarily applicable, may be applied suppletorily.
III. CRIMINAL LAW VIS-À-VIS OTHER LAW
LIMITATION OF THE LAWMAKING BODY TO
ENACT PENAL LEGISLATION (Bill of Rights)
1. No ex post facto law or bill of attainder shall be
enacted (Art. III, Sec 2)
2. No person shall be held to answer for a
criminal offense without due process of law
(Art. III, Sec 14)
The first limitation prohibits the passage of retroactive
laws which are prejudicial to the accused.
EX POST FACTO LAW
1. Makes criminal an act done before the passage
of the law and which was innocent when done,
and punishes such an act;
2. Aggravates a crime, or make it greater than it
was, when committed;
3. Change the punishment and inflicts a greater
punishment than the law annexed to the crime
when committed;
4. Alter the legal rules of evidence, and
authorizes conviction upon less or different
testimony than the law required at the time of
the commission of the offense;
5. Assumes to regulate civil rights and remedies
only, in effect imposes penalty or deprivation
of a right for something which when done was
lawful;
6. Deprives a person accused of a crime some
lawful protection to which he has become
entitled, such as the protection of a former
conviction or acquittal or a proclamation of
amnesty
BILL OF ATTAINDER
A legislative act which would inflict punishment
without judicial trial. Its essence is the
substitution of a legislative act for a judicial
determination of guilt.
The second limitation requires that criminal laws must
be of general application and must clearly define the
acts and omissions punished as crimes.
Constitutional rights of the accused
Article III, Bill of Rights
1. SECTION 11. Free access to the courts and
quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by
reason of poverty.
2. SECTION 12. (1) Any person under
investigation for the commission of an offense
shall have the right to be informed of his right
to remain silent and to have competent and
independent counsel preferably of his own
choice. If the person cannot afford the services
of counsel, he must be provided with one.
These rights cannot be waived except in
writing and in the presence of counsel.
(2) No torture, force, violence, threat,
intimidation, or any other means which vitiate
the free will shall be used against him. Secret
detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
3. SECTION 13. All persons, except those charged
with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or
be released on recognizance as may be
provided by law. The right to bail shall not be
impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail
shall not be required.
4. SECTION 14 (1) No person shall be held to
answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused
shall be presumed innocent until the contrary
is proved, and shall enjoy the right to be heard
by himself and counsel, to be informed of the
nature and cause of the accusation against
him, to have a speedy, impartial, and public
trial, to meet the witnesses face to face, and to
have compulsory process to secure the
attendance of witnesses and the production of
evidence in his behalf. However, after
arraignment, trial may proceed
notwithstanding the absence of the accused
provided that he has been duly notified and his
failure to appear is unjustifiable.
5. SECTION 16. All persons shall have the right to
a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative
bodies.
6. SECTION 17. No person shall be compelled to
be a witness against himself.
 CRIMINAL LAW WEEK 3 REVIEWER – 2020-01
7. SECTION 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion
perpetua.
8. SECTION 21. No person shall be twice put in
jeopardy of punishment for the same offense.
If an act is punished by a law and an
ordinance, conviction or acquittal under either
shall constitute a bar to another prosecution
for the same act.
Statutory Right of An Accused
Criminal Procedure Rule 115 Sec 1
1. To be presumed innocent until the contrary is
proved beyond reasonable doubt.
2. To be informed of the nature and cause of the
accusation against him.
3. To be present and defend in person and by counsel
at every stage of the proceedings, from arraignment to
promulgation of the judgment.
4. To testify as a witness in his own behalf but subject
to cross-examination on matters covered by direct
examination. His silence shall not in any manner
prejudice him.
5. To be exempt from being compelled to be a witness
against himself.
6. To confront and cross-examine the witnesses
against him at the trial.
7. To have compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf.
8. To have speedy, impartial and public trial.
9. To appeal in all cases allowed and in the manner
prescribed by law.
NOTE:
Rights of the accused that may be waived (Personal)
o Right to confrontation
o Right to cross examination
Right that may not be waived (public interest)
o Right to be informed of the nature and
cause of the accusation against him
CRIMINAL LIABILITY
A.ELEMENTS OF A FELONY
ARTICLE 3. Definition. — Acts and omissions
punishable by law are felonies (delitos).
Felonies are committed not only by means of deceit
(dolo) but also by means of fault (culpa).
There is deceit when the act is performed with
deliberate intent; and there is fault when the wrongful
act results from imprudence, negligence, lack of
foresight, or lack of skill.
FELONY
- Acts and omissions punishable by the RPC
ELEMENTS OF FELONIES
1. There must be an act or omission
2. The acts or omission must be punishable by
the RPC
3. The act is performed or the omission incurred
by means of dolo or culpa
ACT
-Any bodily movement tending to produce some
effect in the external world, It being
unnecessary that the same be actually
produced, as the possibility of its production is
sufficient
- The act must be one which is defined by the RPC
as a felony or at least an overt act of that
felony, that is, an external act which has direct
connection with the felony intended to be
committed
NOTE:
Criminal thought or a mere intention, no matter
how immoral or improper it may be, will never
constitute a felony
OMISSION
-Inaction; Failure to perform a positive duty which
one is bound to do.
-There must be a law requiring the doing of
performance of an act (Must be punishable by
law)
PUNISHABLE BY LAW
- Nullum crimen, nulla poena sine lege
- “punished by the RPC” not by special law
- Felony=RPC : Crime/Offense=Special Law
B. INTENTIONAL AND CULPABLE FELONIES
C. MISTAKE OF FACTS
CLASSIFICATION OF FELONIES ACCORDING TO
THE MEANS BY WHICH THEY ARE COMMITTED
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2. Man is a rational being. One must prove that
1. Intentional Felonies (Deceit/Dolo) his case falls under Art 12 to show that his act
2. Culpable Felonies (Fault/Culpa) or omission is not voluntary

INTENTIONAL FELONY REQUISITES OF VOLUNTARINESS IN FELONY BY

DOLO OR MALICE
The act or omission is malicious or with deliberate
intent to cause an injury to the person, property or 1. He must have FREEDOM while doing an act or
right of another. omitting to do and act
a. A person who act under the compulsion
Most of the felonies in the Book II if the RPC are of an irresistible force is exempt from
committed by means of dolo or with malice criminal liability (Art 12, par. 6)
- Murder
- Treason 2. He must have INTELLIGENCE while doing an
- Robbery act or omitting to do and act
- Malicious Mischief a. Imbecile, insane, infant under nine
years of age, and minor over nine but
less than 15 years old and acting
CULPABLE FELONY without discernment, have no criminal
liability (Art 12 par 1,2,3)
The act or omission of the offender is not malicious. It
is unintentional. Wrongful act results from: 3. He must have INTENT while doing an act or
-Imprudence omitting to do and act
-Negligence a. Proof of the commission of an unlawful
-Lack of foresight act
-Lack of skill o Intent presupposes the exercise of
freedom and the use of intelligence
Felonies under Book II that are committed by means of  A person who caused an injury
culpa or fault. by mere accident had freedom
-Article 217: Punishes malversation through and intelligence, but since he
negligence had no fault or intention of
-Article 224: Punishes evasion through causing it, he is not criminally
negligence liable.
-Article 365: Punishes acts by imprudence or
negligence, had they been intentional, would NOTE:
constitute grave, less grace or light felonies.
Criminal Intent is presumed from the commission of an
IMPRUDENCE unlawful act in the absence of evidence to the
-Deficiency of action contrary.
-Involves lack of skill
-If a person fails to take the necessary precaution
to avoid injury to person or damage to C. MISTAKE OF FACTS
property
IGNORANTIA FACTI EXCUSAT
NEGLIGENCE Ignorance or mistake of fact relieves the accused from
-Deficiency of perception criminal liability.
-Involves lack of foresight
-If a person fails to pay proper attention and to MISTAKE OF FACTS
use due diligence in foreseeing he injury or - Misapprehension of fact on the part of the person
damage impending to be caused who caused injury to another. He is not,
however, criminally liable, because he did not
NOTE: act with criminal intent.

Felonies committed by dolo or culpa are always
voluntary. The only difference is in the first, the
offender act without malice; whereas, in the second,
the offender acts without malice.
Reasons:
1. The RPC continues to be based on the Classical
Theory, according which the basis of criminal
liability is human free will
REQUISITES OF MISTAKES OF FACTS AS A DEFENSE
1. The act done would have been lawful had he
facts been as the accused believed them to be;
2. That the intention of the accused in performing
the act should be lawful
3. That the mistake must be without fault or
carelessness on the part of the accused
In mistake of fact, the act done by the accused would
have constituted:
 CRIMINAL LAW WEEK 3 REVIEWER – 2020-01
2. INTELLIGENCE while doing the act or
1. Justifying circumstance under Article 11 omitting to do the act
2. Absolutory cause (Article 247, par 2)
3. Involuntary act 3. IMPRUDENT, NEGLIGENT, LACKS
FORESIGHT OR SKILL while doing the act or
Landmark cases: omitting to do the act
1. US vs Ah Chong
2. People vs Oanis
NOTE:
NOTE: -Mistake in the identity of the intended victim is
not reckless imprudence. The felony is done
1. Lack of intent to kill the deceased, because his with malice.
intention was to kill another, does not relieve the -If there is no malice nor negligence on the part
accused from criminal responsibility. the person causing damage or injury to
2. In error in personae or mistake in the identity of the another, he is not criminally liable under RPC.
victim, the principle of mistake of fact does not apply
3. No crime of resistance when there is a mistake of fact CLASSES OF CRIMES
4. Mistake of facts is only applicable to intentional 1. Intentional Felony
felony(dolo) because what is involved is LACK OF 2. Culpable Felony
INTENT. 3. Crimes defined and penalized by Special Laws
and Ordinance
D. MALUM IN SE & MALUM PROHIBITUM
INTENT AND MOTIVE Crimes defined and penalized by Special Laws
and Ordinance
CRIMINAL INTENT
- Criminal Intent is not necessary but intent to
- Necessary in felonies committed by dolo
perpetrate the act is necessary.
- A person may not have consciously intended to
Actus non facit reum nisi mens sit rea
commit a crime; but he intend to commit the
-“The act itself does not make a man guilty,
act, and that act is the crime itself
unless, the intentions were so”
Intent to Commit the Crime = Criminal intent
Actus me invito factus non est meus actus
Intent to Perpetrate the Act = The prohibited act
-“an act done against my will is not my action”
is done freely and consciously
GENERAL INTENT
- The third element of voluntariness/malice
MALUM IN SE & MALUM PROHIBITUM
SPECIFIC INTENT
Malum in se
- Some felonies requires a proof of particular
-Wrong in itself/Nature
specific intent.
-Needs Criminal Intent
o Crimes against property: Intent to gain
-Serious in their effects on society
o Frustrated/attempted Homicide: to kill
-Crimes:
o Forcible abduction: intent of lewd
o Found in RPC; Inherently Immoral acts
design
found in special laws (ex. Electoral
Reform Law and Omnibus Election
NOTE:
Code)
Felony by Dolo = Criminal Intent
-No criminal intent = no liability for intentional
Malum Prohibitum
felony
-Wrong because prohibited
-Rules of convenience designed to secure a more
Felony by Culpa = Negligence and Imprudence
orderly regulation of the affairs of society.
-The mind of the accused is not criminal but his act
-Sufficient that the act was intentionally done
is wrongful because he caused injury or
-Crimes:
damage due to negligence, imprudence, lack of
o Found in special laws
foresight or lack of skill.
-The act alone constitutes the offense even if
without motive and on good faith
REQUISITES OF VOLUNTARINESS IN FELONY BY
-Reason:
CULPA
o When doing the act prohibited by
special law, it is considered that the act
1. FREEDOM while doing an act or omitting to do
is injurious to public welfare and the
an act
doing of the prohibited act is the crime
itself
 CRIMINAL LAW WEEK 3 REVIEWER – 2020-01
-Exception
o Temporary, incidental, casual or
harmless possession or control of a
firearm is not a violation of a statute
prohibiting the possession or carrying
of this kind if weapon.
INTENT
- The purpose to use a particular means to effect
such result.
MOTIVE
- The moving power which impels one to action for
a definite result
-Not an essential element of a crime; need not to
be proved for purposes of conviction
o One may be convicted of a crime
whether his motive appears to be good
or bad or even though no motive is
proven.
-Exception (when motive is relevant)
o When the identity of a person accused
is in dispute
o Doubt in the identity of the assailant
o When the identity of the accused
proceeds from unreliable source and
the testimony is inconclusive
o Antagonistic theories
o No Eyewitness
o Circumstantial Evidence
How is Motive Proved
-Testimony of witnesses on the acts
-Statements of the accused before or immediately
after the commission of the offense
NOTE:
-Mere proof of motive, no matter how strong, is
not sufficient to support a conviction if there is
no reliable evidence from which it may be
deduced that the accused was the malefactor
-Proof of Reasonable Doubt is the maintstay of our
accusatorial system of criminal justice.
E. SPECIAL CASES
I UNINTENDED FELONY
Art. 4. Criminal liability. — Criminal liability shall
be incurred:
1. By any person committing a felony (delito)
although the wrongful act done be different from that
which he intended
2. By any person performing an act which would
be an offense against persons or property, were it not
for the inherent impossibility of its accomplishment or
an account of the employment of inadequate or
ineffectual means.
Art. 49. Penalty to be imposed upon the
principals when the crime committed is different
from that intended. — In cases in which the felony
committed is different from that which the offender
intended to commit, the following rules shall be
observed:
1. If the penalty prescribed for the felony
committed be higher than that corresponding
to the offense which the accused intended to
commit, the penalty corresponding to the latter
shall be imposed in its maximum period.
2. If the penalty prescribed for the felony
committed be lower than that corresponding to
the one which the accused intended to commit,
the penalty for the former shall be imposed in
its maximum period.
3. The rule established by the next preceding
paragraph shall not be applicable if the acts
committed by the guilty person shall also
constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the
penalty provided for the attempted or the
frustrated crime shall be imposed in its
maximum period.
ANY PERSON COMMITTING A FELONY (DELITO)
ALTHOUGH THE WRONGFUL ACT DONE BE
DIFFERENT FROM THAT WHICH HE INTENDED
- When a person commits a felony with malice, he
intends the consequences of his felonious act.
But there are cases where the consequences of
the act are not intended by the accused.
-Criminally Liable
-Rationale:
o El que es causa de la cause es cause
del mal causado
 He who is the cause of the
cause is the cause of the evil
caused.
IMPORTANT PHRASES IN PARAGRAPH 1 OF ART
4
 CRIMINAL LAW WEEK 3 REVIEWER – 2020-01
1. Committing a felony 1. Blow was efficient cause of
o Criminal liability shall be incurred by death
any person committing a felony not 2. Blow accelerated death
just merely performing an act. 3. Blow was proximate cause of
o The felony should be committed by death
dolo iii. Offended party refused to submit
o Note: to surgical operation
 If felony is by imprudence, iv. Resulting injury was aggravated by
negligence, lack of foresight or infection
lack of skill, Art 365 will define
the liability. b. Not Criminally Liable
i. When the injury would not have
2. Although the wrongful act done be different caused death, in the ordinary
from that which he intended course of events, but would have
o Mistake in the Identity healed in so many days, and where
 Error in Personae it is shown beyond all doubt that
o Mistake in Blow the death was due to the malicious
 Aberratio ictus or careless acts of the injured
o The act exceeds the intent person or a third person. One is
accountable only for his own acts
 Praeter intentionem
and their natural or logical
consequence, and , not for those
REQUISITES OF PARAGRAPH 1 ART 4
which bear no relation to the initial
cause.
1. An intentional felony has been committed
2. The wrong done to the aggrieved party be
direct, natural and logical consequence of the
PROXIMATE CAUSE
felony committed by the offender.
- That cause, which, in natural and continuous
sequence , unbroken by any efficient
intervening cause, produces the injury, and
without which the result would not have
NOTES:
occurred.
1. No felony is committed:
-Felony must be the proximate cause of the
a. When the act or omission is not
resulting injury.
punishable by the RPC
i. Ex. While attempting suicide, when
NATURAL SEQUENCE
the person who jumped out of the
window to kill himself, but when he
-An occurrence in the ordinary course of human
dropped to the ground he fell on a
life or events
another person who died as a
consequence, he is not criminally
LOGICAL SEQUENCE
liable.
b. When the act is covered by any justifying
-There is a rational connection between the act of
circumstances enumerated in Art 11
the accused and the resulting injury or damage
i. Self defense, defense of relative,
defense of stranger, in fulfillment
PROXIMATE LEGAL CAUSE
of duty
-Acting first and producing the injury, either
c. If a man creates in another person’s mind
immediately, or by setting other events in
an immediate sense of danger, which
motion, all constituting a natural and
causes such person to try to escape, and,
continuous chain of events, each having a
in doing so, the latter injures himself, the
close causal connection with its immediate
man who creates such a state of mind is
predecessor
responsible for the resulting injuries.
CAUSE and EFFECT
2. Wrong done must be direct, natural, and
logical consequence of felonious act
- Cause: Felonious act
a. Criminally liable
- Effect: Resultant injuries/death
i. acts committed by him in violation
Note:
of the law and for all the natural
Not altered because of pre-existing
and logical consequences resulting
conditions,such as:
therefrom’
1. the pathological condition of the victim (las
ii. If the victim was suffering internal
condiciones patologica del lesionado
malady, accused is liable when:
 CRIMINAL LAW WEEK 3 REVIEWER – 2020-01
2. Predisposition of the offended party (la
constitucion fisica del herido)
3. Concomitant or concurrent conditions, such as
the negligence or fault of the doctor (la falta
de medicos para sister al herido)
4. Conditions supervening the felonies act such
as tetanus, pulmonary infection and
gangrene.
NOT PROXIMATE CAUSE
1. There is an active force that intervened
between the felony committed and the
resulting injury and the active force is a
distinct act or fact absolutely foreign from
the felonious act
2. The resulting injury is due to the intentional
act of the victim
Notes:
- A person is not liable criminally for all possible
consequences which may immediately follow
his felonious act, but only for such as
proximate.
o Ex: When a person punched another
and knocked him down and a horse
near them jumped upon him and killed
him
Not efficient intervening cause:
1. Weak or diseased physical condition of
victim
2. Nervousness or temperament of the victim
3. Causes which are inherent to the victim
a. Not knowing how to sim
b. Addicted to tuba
4. Refusal by the victim of medical
attendance or failure of doctor to give anti-
tetanus injection
5. Erroneous medical treatment
a. When advanced/modern medical
service is not available to the place
6. Delay in the medical treatment of the
victim
REQUIREMENT TO ESTABLISH DEATH AS
NATURAL CONSEQUENCE OF THE FELONY
1. At the time the physical injuries were inflicted,
the victim was in normal health
2. Death may be expected from the physical
injuries inflicted
3. Death ensued within a reasonable time
II. IMPOSSIBLE CRIMES
2. By any person performing an act which would be an
offense against persons or property, were it not for the
inherent impossibility of its accomplishment or an
account of the employment of inadequate or ineffectual
means.
ARTICLE 59. Penalty to Be Imposed in Case of
Failure to Commit the Crime Because the Means
Employed or the Aims Sought are Impossible. —
When the person intending to commit an offense has
already performed the acts for the execution of the
same but nevertheless the crime was not produced by
reason of the fact that the act intended was by its
nature one of impossible accomplishment or because
the means employed by such person are essentially
inadequate to produce the result desired by him, the
court, having in mind the social danger and the degree
of criminality shown by the offender, shall impose upon
him the penalty of arresto mayor or a fine ranging
from 200 to 500 pesos.
IMPOSIBLE CRIME
- Indicative of criminal propensity or criminal
tendency on the part of the actor. Potential
Criminal.
-According to positivist thinking, the community
must be protected from anti-social activities,
whether actual or potential, of the morbid type
of man called “socially dangerous person”
o The purpose of punishing it:
 To suppress criminal tendency
or propensity.
 Objectively: Offender has not
committed a felony
 Subjectively: he is a criminal
REQUISITES OF IMPOSSIBLE CRIME
1. The act performed would be an offense against
persons or property
2. The act was done with evil intent.
3. Its accomplishment is inherently impossible, or
that the means employed is either inadequate
or ineffectual
4. The act performed should not constitute a
violation of another provision of the RPC
IMPORTANT PHRASES IN PARAGRAPH 2 OF ART
4
1. Performing an act which would be an
offense against persons or property.
a. Intends to commit a felony against
persons or property
b. Act performed would have been an
offense against persons or property
c. A felony should not be actually
committed because he would be liable
for that felony.
d. If felony is not against persons or
property, there is no impossible crime
Felony against persons Felony Against Property
Parricde Robbery
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Murder Brigandage -Example:
Homicide Theft o Trying to kill a person by arsenic
Infanticide Usurpation poisoning but turns out it was sugar.
Abortion Culpable Insolvency o Aiming a revolver at the back of the
Duel Swindling and other deceit
head of person and trigger it, the
Physical Injuries Chattel Mortgage
Rape Arson and other crimes
revolver was actually empty.
involving destruction
Malicious Mischief THE ACT PERFORMED SHOULD NOT CONSTITUTE
A VIOLATION OF ANOTHER PROVISION OF THE
RPC
- Example:
That the act was done with evil intent o A met with B for the purpose of
robbing him of the watch which B
Since the offender in impossible crime intended to always wear. B forgot to bring his
commit an offense against persons or property, it must watch. A pointed a gun at B and asked
be shown that the actor performed the act with evil for the watch. Finding that B did not
intent, that is, he must have the intent to do an injury have his watch, he let go him.
to another.  It is considered as attempted
robbery because the act of
2. Were it not for the inherent impossibility pointing a gun at B constitutes
of its accomplishment or on account of at least the crime of grave
the employment of inadequate or threat under Art 282 of RPC.
ineffectual means.

a. In impossible crime, the act performed

cannot produce an offense against
persons or property because:
i. The commission of the offense
is inherently impossible of
accomplishment
ii. The means employed is either:
1. Inadequate
2. Ineffectual

Inherent Impossibility of its Accomplishment

-By itsnature one of impossible crime (Art 59)

-There must be either:
1. Legal impossibility
2. Physical Impossibility of accomplishing the
intended act.
-Offense against Person (Example)
o Trying to murder a corpse
o Trying to kill another person by arsenic
poisoning but not knowing that it is
actually a common salt.
-Offense against Property
o Stealing a watch but it turns out it is
yours
o Stealing from a sage only to find out
that the safe is empty.

Employment of Inadequate Means

- Example: Trying to kill a person with small

quantity of poison (Inadequate to kill)
-Note:
o When the means employed is adequate
but the expected result is not
produced, it a frustrated felony.

Employment of Ineffectual Means