CRIMINAL LAW REVIEW 1

MY NOTES

FELONIES
-are acts and omissions punishable by law.

How committed?
-felonies are committed not only by means of deceit (dolo) but also by means of fault
(culpa)

Deceit (dolo) – are committed when the act was performed with deliberate intent
Requisites of Felonies committed by means of Dolo:
1. He must have the FREEDOM while doing or omitting to do the act;
2. He must have INTELLIGENCE while doing the act or omitting to do the act;
3. He must have INTENT while doing or omitting to do the act.

*GR: Criminal intent and the will to commit a crime are always presumed on the aprt of the
person who executes an act which the law punishes, unless the contrary shall appear.

*XPTN: Mistake of fact is a misapprehension of fact on the part of the person who caused
the injury to another. He is not, however criminally liable, because he did not act with
criminal intent.
**Note: An honest mistake of fact destroys the presumption of criminal intent which arises upon
the commission of a felonious act.

Requisites of Mistake of Fact as a Defense:

1. That the act done would have been lawful had the facts been as the accused believed them to be;
2. That the intention of the accused in performing the act should be lawful; and
3. That the mistake must be without fault or carelessness on the part of the accused.

**Note: In error in ersonae or mistake in the identity of the victim, the principle of mistake of
fact does not apply.

Fault (culpa) – are committed when the wrongful act results from imprudence, negligence, lack
of foresight or lack of skill.
Requisites of Felonies committed by Culpa:
1. He must have FREEDOM while doing an act or omitting to do an act;
2. He must have INTELLIGENCE while doing the act or omitting to do the act;
3. He is IMPRUDENT, NEGLIGENT OR LACKS FORESIGHT OR SKILL while
doing or omitting to do the act.

MAXIMS:
“Nullum crimen, nulla poena sine lege”
– There is no crime, when there is no law punishing it.
“Actus non facit reum, nisi mens sit rea”
– a crime is not committed if the person performing the act complained be innocent.
“Actus me invito factus non est meus actus”
- an act done by me against my will is not my act.
“Ignorantia leges, non excusat”
– ignorance of the law excuses no one.
“El que es causa de la causa es causa del mal causado”
 -he who is the cause of the cause is the cause of the evil cause

THREE CLASS OF CRIMES:

1. Intentional Felonies – felonies committed with deliberate intent or malice
2. Culpable Felonies – felonies results from imprudence, negligence, lack of foresight or
lack of skill.
3. Felonies defined and penalized by special laws -includes crimes punished by municipal
or city ordinances.

MALA IN SE:
-are crimes which are so serious in their effects on society as to call for almost unanimous
condemnation of its members.
-criminal intent is necessary.
-when criminal intent is not proved beyond reasonable doubt, the accused may be exempt
or justified in committing the act in issue.

MALA PROHIBITA:
-are violations of mere rules of convenience designed to secure a more orderly regulation
of the affairs of society.
-criminal intent is not necessary
-no criminal intent and good faith is not a defense, the fact that there is a law prohibiting
such act, such person shall be held liable.

PLURAITY OF CRIMES
-there is plurality of crimes or “concurso de delitos” when the actor commits various
delictual acts of the same or different kind.

Article 4 Criminal liability shall be incurred:

1) Any person committing a felony although the wrongful act done be different from that which
he intended.
“Committing a felony – must commit a crime punishable under the RPC
a. Error in Personae – there is a mistake in the identity of the victim
b. Aberatio ictus – there is a mistake in the blow
c. Praeter intentionem – the injurious result is greater than that intended
Requisites:
1. That an intentional felony has been committed; and
2. That the wrong done to the aggrieved party be the direct, natural and logical
consequence of the felony committed.
“Natural” – refers to an occurrence in the ordinary course of human life.
“Logical – means that the there is a rational connection between the act of the accused
and the resulting injury or damage.

Proximate Cause
 - Is 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.
Felony committed is not a proximate cause of the resulting injury when:
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 of the accused; or
2) The resulting injury is due to the intentional act of the victim.

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 on account of the employment of
inadequate or ineffectual means.

Article 6
Consummated Felonies
 A felony is consummated when all the elements necessary for its execution and
accomplishment are present.
Frustrated Felonies
 It is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence, but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator.
Attempted Felonies
 There is an attempt when the offender commences the commission of the felony
directly by overt acts, and does not perform all the acts of execution which should
produce a felony by reason of some cause or accident other than his own spontaneous
desistance.
 BOOK TWO
TITLE I – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
8 CRIMES AGAINST NATIONAL SECURITY 8

1. ART. 114 TREASON

Requisites:
 It is committed by any Filipino citizen or alien residing in the Philippines
 That there is war in which the Philippines is involved
 That the offender either
-levies war against the government or
-adheres to the enemies, giving them aid or comfort
Note:
If the levying of war is merely a civil uprising, without any intention of helping an external enemy, the crime is not
treason.

Emotional or intellectual attachment or sympathy to the enemy, without giving the enemy aid or comfort, is not
treason.
EXTENT OF AID AND COMFORT
The aid and comfort must be given to the enemy by some kind of action, not merely a
mental operation.
To be treasonous, the extent of the aid and comfort given to the enemies must be to
render assistance to them as enemies and not merely as an individual and, in addition, be directly
in furtherance of the enemies’ hostile designs.

 There is no complex crime of treason with murder and physical injuries because murder
and physical injuries are inherent in the crime of treason characterized by giving of aid
and comfort to the enemy.

Paragraph 2:
“No person shall be convicted of treason, unless on the testimony of
two witnesses at least to the same overt act or on confession of the
accused in open court.”
 ADHERENCE TO THE ENEMY need not be proved by two witnesses because what is
designed in the mind of an accused is not susceptible of proof by direct testimony.

2. ART. 115 CONSPIRACY AND PROPOSAL TO COMMIT TREASON

CONSPIRACY TO COMMIT TREASON is committed when in time of war, two or

more persons come to an agreement to levy war against the government and to give the aid or
comfort, and decide to commit it.