Kapitan Basa (Isip) Lista
vast words; rules of international law.
vast phrases;
vast clauses.
1. Provision on:
2. Felonies
3. Circumstances =
(affects Criminal Liability)
4. Persons Criminally Liable
5. Penalty Imposed
6. Extinction of criminal liability
7. Civil liability arising from crimes
I 14. Crime
8. Fundamental Principles
9. French Rule (Criminal Law) = is that
crimes committed on board are not
triable in our country (purely
management involve)
10. English rule (Criminal Law) is that =
those affect the peace and security of
our country
11. Non-compliance by warships with the
laws and regulations of the coastal State
If any warship does not comply with the
laws and regulations of the coastal State
concerning passage through the
territorial sea and disregards any
request for compliance therewith which
is made to it, the coastal State may
require it to leave the territorial sea
immediately. (Coastal State versus
Flag State na)
12. Responsibility of the flag State for
damage caused by a warship or other
government ship operated for non-
commercial purposes The flag State
shall bear international responsibility for
any loss or damage to the coastal State
resulting from the non-compliance by a
warship or other government ship
operated for noncommercial purposes
with the laws and regulations of the
coastal State concerning passage
through the territorial sea or with the
provisions of this Convention or other
(a)
13. Criminal law = DTP
is that branch of law,
which defines crimes,
treats of their nature,
and provides for their punishment.
is the generic term
used to refer to a wrongdoing
punished either under the RPC or
under a Special law
15. Classifications of Crime (mode of
execution) = Art. 3 RPC;
Dolo = committed with deliberate intent
(deceit)
Culpa = committed by means of fault =
wrongful act results from imprudence,
negligence, lack of foresight, lack of skill
16. Stage of execution = Art. 6 RPC
Consummated
Frustrated
Attempted
17. Gravity = RPC, Art. 9
Light felonies = which the penalty of
arresto menor or fine not exceed P40k
Less grave felonies = which the penalty
of maximum period of correctional = 6m
to 6yrs.
Grave felonies = which the penalty of
Capital punishment = which any of their
periods are afflictive in accordance to
Art. 25 RPC
18. Nature
Mala in se =
 Wrongful in nature,
 So serious (as to call for
unanimous condemnation of the
society)
  Generally punish by RPC
 Intent is necessary
 Involves Moral turpitude
 Offender = (Prinicipal,
accomplice, accessory)
 Has 3 stages = attempt;
frustrate; consummated
Mala Prohibita =
 Violation of mere rules (which
design/regulate to secure more
orderly affairs of society.
 Wrongful by virtue of a statute
(made wrongful by statute.
 Punish by Special Law
 Intent is not necessary
 Not Involves Moral turpitude
 (No Principal, accomplice,
accessory)
 Always committed = all persons who live or sojourn
Consummated
(Attempt & Frustrated not legally
exist)
AAA:
 Violence Against Women and Their
Children
Any citizen having personal
knowledge of the
circumstances involving the
commission of the crime may
file a complaint because
violence against women and
their children is considered
a PUBLIC crime. = Mala
Prohibita
 Note:
Public Crime (mala prohibita)
vs.
General Crime (mala inse)
19. Suppletory application of RPC = Art. 10
First Clause: offenses which in the
future are made punishable under
special laws are not subject to the
provisions of the RPC, =
should be understood to mean only that
the special penal laws are controlling
with regard to offenses therein
specifically punished.
Said clause only restates the elemental
rule of statutory construction that special
legal provisions prevail over general
ones. Lex specialis derogant generali
(more specific rules will prevail over
more general rules)
Second Clause: the RPC is
supplementary to Special laws. Unless
the Special Law should specifically
provide the contrary.
(b)
20. Characteristics of Criminal law
Generality = The criminal law of the
country governs
within the country
regardless of their race, belief, sex, or
creed.
Exemption:
 Treaty stipulations and
international agreements.
Laws of Preferential Application =
e.g. RA 75 penalizes acts = privileges of
duly-accredited foreign diplomatic
representatives in the Philippines:
Examples: Sovereigns and other Chiefs
of States, Ambassadors, ministers,
plenipotentiary, ministers resident, and
charges d’ affaires, heads of the
diplomatic missions, members of the
diplomatic staff.
NOT INCLUDED:
excluding the members of
administrative, technical and service
staff, are accorded diplomatic rank.
Consuls, vice-consuls, and other
commercial representatives of foreign
nation are not diplomatic officers.
Consuls are subject to the penal laws of
the country where they are assigned
(Minucher v. CA, G.R. No. 142396,
February 11, 2003)
 The principles of public
international law
  Members of the Congress are
not liable for libel or slander in
connection with any speech
delivered on the floor of the
house during a regular or
special session (1987
Constitution, Art. IV, Sec. 11)
Territoriality = the penal laws of the
country have force and effect only within
its territory.
Exemption:
Art. 2 of the RPC =
 Should commit and offense while
on a Philippine ship or airship;
 Should forge or counterfeit any coin
or currency note of the Philippine
Islands or obligations and securities
issued by the Government of the
Philippine Islands;
 Should be liable for acts connected
with the introduction into these
islands of the obligations and
securities mentioned in the
preceding number;
 While being public officers or
employees, should commit an
offense in the exercise of their
functions; or
 Should commit any of the crimes
against national security and the
law of nations.
Prospectivity/Irretrospectivity
GR: Acts or omissions classified as
crimes will be scrutinized in accordance
with the relevant penal laws if these are
committed after the effectivity of those
penal laws.
Exemption:
Whenever a new statute dealing with a
crime establishes conditions more
lenient or favorable to the accused. The
retroactive effect shall benefit the
accused even if at the time of the
publication of the law, a final judgment
has been pronounced and the convict is
already serving his sentence.
Legality =
(c)
21. Constitutional limitations on the power of
Congress to enact penal laws
(1) Equal protection = No person shall
be deprived of the same protection
of laws.
(2) (2) Due process = a law which hears
before it condemns; which proceeds
upon inquiry; and rendered
judgment after trial.
(3) Non-imposition of cruel and unusual
punishment or excessive fines
(4) Bill of attainder = a legislative act
which inflicts punishments without
trial
(5) Ex post facto law = One that makes
a previous act = become
criminal/violation.
Although it was not so (it is not
prohibited) at the time it was
committed.
Jurisprudence & Authority : In the
case of Republic v. Rosemoor
Mining, G.R. No. 149927
There are six recognized instances
when a law is considered as such: ex
post facto law.
1) it criminalizes and punishes an action
that was done before the passing of the
law and that was innocent when it was
done;
2) it aggravates a crime or makes it
greater than it was when it was
committed;
3) it changes the punishment and inflicts
one that is greater than that imposed by
the law annexed to the crime when it
was committed;
4) it alters the legal rules of evidence
and authorizes conviction upon a less or
different testimony than that required by
the law at the time of the commission of
the offense;
5) it assumes the regulation of civil
rights and remedies only, but in effect
imposes a penalty or a deprivation of a
right as a consequence of something
 that was considered lawful when it was
done; and
6) it deprives a person accused of a
crime of some lawful protection to which
he or she become entitled, such as the
protection of a former conviction or an
acquittal or the proclamation of an
amnesty.
(d)
22. Construction of Criminal Laws
23. “PENAL LAWS ARE TO BE
CONSTRUED STRICTLY AGAINST
THE STATE AND LIBERALLY IN
FAVOR OF THE ACCUSED” = David v.
People, G.R. No. 181861
(e)
24. Theories of Criminal Laws
(1) Classical Theory = The basis of
criminal liability = is human free will
and the purpose of the penalty is
retribution. To establish direct
proportion between crime and
penalty, NOTE: The RPC is
generally governed by this theory.
(2) Positivist theory – The basis of
criminal liability is the sum of the
social, natural and economic
phenomena to which the actor is
exposed. The purposes of penalty
are prevention and correction.
This theory is exemplified in the
27. Classification of Felony =
provisions regarding impossible
crimes (RPC, Art. 4), the mitigating
circumstances of voluntary
surrender and plea of guilty (RPC,
Art. 13, par 7,) and habitual
delinquency [RPC, Art. 62(5]).
(3) Eclectic or Mixed theory – It is a
combination of positivist and
classical thinking wherein crimes
that are economic and social in
nature should be dealt in a positive
manner, thus, the law is more
compassionate.
Ideally, the classical theory is
applied to heinous crimes, whereas,
the positivist is made to work on
economic and social crimes
(4) Utilitarian or Protective theory– The
primary purpose of punishment
under criminal law is the protection
of society from actual and potential
wrongdoers.
The courts, therefore, in exacting
retribution for the wronged society,
should direct the punishment to
potential or actual wrongdoers since
criminal law is directed against acts
or omissions which the society does
not approve.
Consistent with this theory is the
mala prohibita principle which
punishes an offense regardless of
malice or criminal intent.
II.
25. Felonies
26. Definition = Felonies are acts or
omissions punishable by the RPC.
27. Elements =
1. An act or omission;
2. Punishable by the Revised Penal
Code;
3. The act is performed or the omission
incurred by means of deceit or fault
1. Intentional felonies(Dolo) – committed
with criminal intent
2. Negligent felonies(Culpa) – where
the wrongful acts result from
imprudence, negligence, lack of
foresight or lack of skill

28. Elements of criminal liability = Art. 4
Criminal liability is incurred by any
person:
1. Committing a felony although the
wrongful act done be different from that
which he intended; and
2. Performing an act which would be an
offense against persons or property,
were it not for the inherent
impossibilityof its accomplishment or on
account of the employment of
inadequate or ineffectual means
(RPC,Art. 4).
29. Mistake of Fact =Mistake of fact is the
misapprehension of facts on the part of the
person who caused injury to another.
General Rule:
He is not, however, criminally liable, because he
did not act with criminal intent. It is necessary
that had the facts been true as the accused
believed them to be, the act is justified.
Moreover, the offender must believe that he is
performing a lawful act.
30. Impossible crime = Art 4 (par 2)
Requisites of an impossible crime
1. Act performed would be an offense
against persons or property; NOTE:
Kidnapping is a crime against personal
security and not against person or
property, thus there can be no
impossible crime of kidnapping
2. Act was done with evil intent;
3. Accomplishment is inherently
impossible or means employed is either
inadequate or ineffectual; and
4. Act performed should not constitute a
violation of another provision of RPC
31. NOTE: The offender must believe that he
can consummate the intended crime. A man
stabbing another who he knew was already
dead cannot be liable for an impossible crime.
Essence of an impossible crime The essence of
an impossible crime is the inherent impossibility
of accomplishing the crime or the inherent
impossibility of the means employed to bring
about the crime.
Inherent impossibility
= Inherent impossibility means that under any
and all circumstances, the crime could not have
materialized. Kinds of inherent impossibility
1. Legal impossibility– occurs where the
intended acts, even if completed would
not amount to a crime. (E.g. killing a
dead person.)
2. 2. Physical impossibility– occurs where
extraneous circumstances unknown to
the accused prevent the consummation
of the intended crime. (E.g. pick
pocketing an empty wallet.)
32. Duty of court regarding acts to be repressed
(restrain)
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.
33. Stages of execution = Art. 6
34. Stages in committing a crime =
1. Internal Acts– mere ideas in the mind
of a person, not punishable even if, had
they been carried out, they would
constitute a crime
2. External Acts – include (a)
preparatory acts and (b) acts of
execution
 a. Preparatory acts–those that do not
have a direct connection with the crime
which the offender intends to commit.
These are ordinarily not punishable
except when expressly provided for or
when they are considered in themselves
as independent crimes. (e.g. Possession
of picklocks under Art. 304, which is a
preparatory act to the commission of
robbery under Arts. 299 and 302).
b. Acts of execution– those punishable
under the Revised Penal Code
committed is frustrated murder or frustrated
homicide depending on whether or not any of
the qualifying circumstances under Article 249
of the Revised Penal Code are present.
However, if the wound/s sustained by the
victim in such a case were not fatal
or mortal, then the crime committed is only
attempted murder or attempted homicide.

If there was no intent to kill on the part of the

accused and the wound/s sustained by the
35. Classifications of felonies according to the victim were not fatal, the crime committed may
stage of execution = be serious, less serious or slight physical
injury
1. Consummated = A felony is
consummated when all the acts
necessary for its accomplishment and the crucial points to consider are: a) whether
execution are present the injury sustained by the victim was
2. Frustrated = A felony is frustrated
fatal, and b) whether there was intent to kill on
when the offender performs all the acts
of execution which would produce the the part of the accused
felony as a result, but which
nevertheless do not produce it by
reason of causes independent of the will
of the perpetrator.
3. Attempted = The offender Rape = Slightest penetration of the labia of
commences the commission of the the female victim's genitalia consummates the
crime directly with overt acts; and does crime of rape.(People vs. Reyes)
not perform all acts of execution which
should produce the felony by reason of
some cause or accident other than his
own spontaneous desistance

Indeterminate Offense vs. Unjust Vexation

INTENT VS. FATAL
Indeterminate Offense =
the nature, location and number of the The attempt to commit an offense;
wounds inflicted on the victim.
its nature in relation to its objective is
Non-Fatal = attempted ambiguous;
is not a juridical fact from the standpoint of
the Penal Code.
when the accused intended to kill his victim,
as manifested by his use of a deadly weapon
in his assault, and his victim sustained fatal or
mortal wound/s but did not die because of
timely medical assistance, the crime
Spontaneous Desistance = back out from
committing the crime = he was reached
attempted stage
The elements of frustrated homicide are: (1)
the accused intended to kill his victim, as
manifested by his use of a deadly weapon
in the assault; (2) the victim sustained fatal
or mortal wound/s but did not die because
of timely medical assistance; and (3) none
of the qualifying circumstance for murder 
36. Conspiracy Conspiracy exists when two or
more persons come to an agreement concerning
the commission of a felony and decide to commit
it = Art. 8
GR: When conspiracy exists, the degree of
participation of each conspirator is not
considered because the act of one is the act of
all, they have equal criminal responsibility.
37. Requisites of conspiracy =
1. Two or more persons came to an
agreement;
2. Agreement concerned the
commission of a crime; and
3. Execution of a felony was decided
upon.
38. Two kinds of conspiracy =
1. Conspiracy as a crime – The mere
conspiracy is the crime itself. This is
only true when the law expressly
punishes the mere conspiracy,
otherwise, the conspiracy does not bring
about the commission of the crime
because conspiracy is not an overt act
but a mere preparatory act.
3. Conspiracy as a basis of incurring
criminal liability – When the conspiracy
is only a basis of incurring criminal
liability, there must be an overt act done
before the co-conspirators become
criminally liable.
39. Bill of Attainder = a legislative act which
inflicts punishment = without trial
40. Circumstances Affecting Criminal
Liability =
 Mitigating Circumstances = does not
change the nature of the crime = it
only affect the imposable penalty
 Exempting Circumstances = the
accused acted without the least of
discernment (stringent standard) =
because there is complete absence of
power to discern (People vs. Pantoja)
- Above 15 but below 18 age
= cannot presumed that he
acted discernment (Dorado
vs. people)
- Must prove as = “Separate
Circumstances” = that his
mental capacity to
understand the right and
wrong = such capacity
can taking consideration
all the facts and
circumstances in the
record (CICL XXX vs.
People)
- Insanity Exist when there
is complete deprivation of
= Intelligence = when
committing the act
- There is total deprivation
of freedom = of the will
- The issue of insanity = is
question of fact
- the accused must be
proven to be insane at the
time of the commission of
the crime.