NOTES IN CRIMINAL LAW

MALA IN SE v. MALA PROHIBITA; Distinctions

1. MALA IN SE are inherently wrong or immoral, while MALA PROHIBITA are not inherently
wrong; they are only wrong because they are prohibited by law;

2. In MALA IN SE, good faith or lack of criminal intent is a defense, while in MALA PROHIBITA,
good faith is a not a defense;

3. Modifying circumstances can be appreciated in MALA IN SE, while these circumstances

cannot be appreciated in MALA PROHIBITA, unless the special law that punishes them
adopts the technical nomenclature of the penalties of the Revised Penal Code.

4. MALA IN SE are punishable under the Revised Penal Code, while MALA PROHIBITA are
punishable under special laws.
(NOTE: Plunder under RA 7080, Technical Malversation)

APPLICATION OF THE REVISED PENAL CODE; Article 10

GENERAL RULE: Offenses punishable under special laws are not subject to the provisions of the
Revised Penal Code.

EXCEPTIONS:
1. If the law expressly provides;
2. Supplementary manner

(READ: Section 98 of RA 9165, otherwise known as the Dangerous Drugs Act)

CHARACTERISTICS OF CRIMINAL LAW

1. GENERALITY – penal laws shall be obligatory upon all who live and sojourn in the Philippines
(Article 14 of the Civil Code)
(Military offender; General Rule: The courts have jurisdiction to try military offenders charged
with violation of the penal laws.
Exception: service-connected crimes shall be tried by court-martial as mandated by RA 7055
(Navales v. Abaya))

EXCEPTIONS TO THE GENERALITY PRINCIPLE:

a. Principles of International Law – penal laws are not obligatory to persons entitled to
criminal immunity because of the principles of international law. Under the present rule,
consular officers are immune from criminal prosecution of acts performed in the exercise of
their official functions (1967 Convention on Consular Relations). Unlike consular officers,
diplomatic agents are vested with blanket diplomatic immunity from civil and criminal suits.
(The Vienna Convention on Diplomatic Relations)

b. Laws of Preferential Application – Article 349 of the Revised Penal Code on Bigamy is
not obligatory to Muslims married in accordance with the Muslim laws because of
Presidential Decree 1083

c. Case law – penal laws are not obligatory to the President because of Presidential
immunity. Conditions: 1) Immunity has been asserted; 2) during the incumbency or tenure;
3) acts constituting the crime are committed in the performance of his duties.

2. TERRITORIALITY – the provisions of the Revised Penal Code shall be enforced within the
Philippine Territory. (Exceptions: Article 2 of the RPC; Extraterritoriality Principle)

3. Prospectivity – criminal law merely punishes crimes committed on or after its effectivity.
(Read Article 21 and 22h)
GENERAL RULE: Penal laws shall have prospective application
EXCEPTIONS:
a. If the law is favorable to the accused who is not a habitual delinquent
b. If the law expressly provides retroactivity
ARTICLE 3 (read)
 - Acts and omissions punishable by the Revised Penal Code are felonies (delitos)
- Felonies are committed not only by means of deceit/malice (dolo) but also by means of
fault (culpa)
- There is deceit/malice when the act is performed is with deliberate intent; and there is fault
when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill

HOW DO YOU NEGATE DOLO (DECEIT/MALICE)?

1. Mistake of fact – it is a complete defense provided that the following requisites are present:
a. That the acts done would have been lawful had the facts been as the accused believed
them to be
b. That the mistake of fact is not due to negligence
c. The mistake is not accompanied with criminal intent of the offender

ARTICLE 4 (read)
NOTE: Article 4, paragraph 1, is only applicable if the accused committed an intentional felony.

ERROR IN PERSONAE
- Means mistake of identity. Here, a person is criminally responsible for committing an
intentional felony although the actual victim is different from the intended victim due to
mistake of identity.

ABERRATIO ICTUS
- Means mistake of blow. In aberratio ictus, a person is criminally liable responsible for
committing an intentional felony although the victim is different from intended victim due to
mistake of blow.
- In aberratio ictus, there are at least two victims, the intended victim and the third person
who was hit by reason of mistake of blow. If the third person died, intent to kill is
conclusively presumed.

PRAETER INTENTIONEM
- Means unintentional. In praeter intentionem, a person shall incur criminal liability for
committing an intentional felony although its wrongful consequence is graver than that
intended.

Definition of Proximate Cause

- 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 occurred.

ARTICLE 4, PARAGRAPH 2; IMPOSSIBLE CRIME

Impossible Crime – is an act which would have been an offense against person or property, were it
not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means.

Offender shall be held liable for impossible crime if the following requisites are present:

a. Offender performed an act which would have been an offense against person or property
b. Offender performed an act with evil intent
c. Offender did not commit the offense because of the impossibility of its accomplishment or
employment of inadequate of ineffectual means
d. The offender in performing an act is not violating another provision of the law

STAGES OF A CRIME; Read Article 6

1. Attempted stage – when the offender commences the commission of a felony directly by
overt acts, and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than his own spontaneous desistance
 2. Frustrated stage – when the offender performs all the acts of execution which would produce
the felony as a consequence by which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator

3. Consummated stage – when all the elements necessary for its execution and
accomplishment are present

ARTICLE 8
Conspiracy and proposal to commit felony are punishable only in the cases in which the law
specifically provides a penalty therefor.
- Conspiracy contemplated under Article 8 pertains to conspiracy as a crime, and not
conspiracy as a mode of committing a crime. There are three requisites of conspiracy as a
crime:
o There must be an agreement to commit a crime
o The conspirators must be decided to commit such crime
o There must be a law prescribing a penalty for conspiring to commit such crime

CLASSIFICATION OF FELONIES; Article 9

1. Grave Felonies – those to which the law attaches the capital punishment or penalties which
any of their periods are afflictive (reclusion Perpetua, reclusion temporal, Prision mayor or a
fine exceeding Php 1,200,000)

2. Less Grave Felonies – those which the law punishes with penalties in their maximum period
are correctional (Prision correctional, arresto mayor or a fine not less than Php 40,000 but not
exceeding Php 1,200,000)

3. Light Felonies – are those infractions of law or the commission of which the penalty of arresto
menor or a fine not exceeding Php 40,000 or both is provided.

PERSONS CRIMINALLY LIABLE FOR FELONIES;

READ ARTICLES 16-20