Criminal law – that branch or division of public law which defines crime, treats of

their nature, and provides for their punishment. Exceptions to the general application of Criminal law:
 Those provided in TREATIES and LAWS ON PREFERENTIAL
Constitutional limitations on the power of the lawmaking body to enact APPLICATION.
penal legislation:
1. No ex post facto law or bill of attainder shall be enacted. Persons exempt from the operation of our criminal laws by virtue of the
2. No person shall be held to answer for a criminal offense without due process principles of public international law: SAM-MC
of law. 1. Sovereigns and other chiefs of state.
2. Ambassadors.
EX POST FACTO LAW is one which: MACADA 3. Ministers plenipotentiary.
1. Makes criminal an act done before the passage of the law which was innocent 4. Ministers residents.
when done, and punishes such an act; 5. Charges d’affairs.
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  A consul is not entitled to the privileges and immunities of an ambassador or
annexed to the crime; minister, but is subject to the laws and regulations of the country to which he
4. Alters the legal rules of evidence, and authorizes a conviction upon less or is accredited.
different testimony than the law required at the time of the commission of the
offense; 2. TERRITORIAL – criminal law undertakes to punish crimes committed within
5. Deprives a person accused of a crime some lawful protection to which he has the Philippines.
become entitled, such as the protection of a former conviction or acquittal, or Exceptions (Art. 2 RPC): F-SPIN-A
a proclamation of amnesty; a. Forging or counterfeiting any coin or currency note of the Philippines or
6. Assumes to regulate civil rights and remedies only, in effect imposes penalty obligations and securities issued by the Government of the Phil.
or deprivation of a right for something which when done was lawful. b. Ship or airship – Commission of an offense while on a Philippine ship or
airship.
BILL OF ATTAINDER – legislative act which inflicts punishment without trial. Its c. While being Public officers or employees, should commit an offense in the
essence is the substitution of a legislative act for a judicial determination of guilt. exercise of their functions.
d. Introduction into the Philippines of the obligations and securities which
 A right which may be waived by the accused is his right to confrontation have been forged or counterfeited.
and examination. e. Commission of any crime against National security and the law of nations.
 A right which he cannot waive is the right of the accused to be f. Anti-terrorism law (Human Security Act)
informed of the nature and cause of the accusation against him.
3. PROSPECTIVE – a penal law cannot make an act punishable in a manner
Characteristics of Criminal Law: GTP which it was not punishable when committed.
1. GENERAL – Criminal law is binding on all persons who live or sojourn in the  Crimes are punished under the laws in force at the time of their commission.
Philippines.
 Civil courts have concurrent jurisdiction with general courts-martial over Exception: Whenever a new statute dealing with crime establishes conditions
soldiers of the AFP. more lenient or favorable to the accused, it can be given a retroactive
 RPC or other penal law is not applicable when a military court takes effect.
cognizance of the case.
 The court-martial is a court, and the prosecution of an accused before it is a Exceptions to the exception: EH
criminal, not an administrative case, and therefore it would be a bar to 1. When law is Expressly made inapplicable to pending actions or existing
another prosecution of the accused for the same offense. Reason: double causes of action.
jeopardy. 2. Habitual criminality of the offender.
 Offenders accused of war crimes are triable by military courts.
  Where the repeal is absolute, and not a reenactment or repeal by When the offender, while being a public officer or employee, should commit
implication, the offense ceases to be criminal. The accused must be acquitted. an offense in the exercise of his functions
 The repeal of a law carries with it the deprivation of the courts to of  Crimes committed in the exercise of public functions: DIMPI-F4
jurisdiction to try, convict and sentence persons charged with violation of 1. Direct bribery
the old law prior to the repeal. 2. Indirect bribery
3. Malversation of public funds
Construction of penal laws: 4. Possession of prohibited interest
1. Construed against the Government and liberally in favor of the accused. 5. Illegal use of public funds or property
 Construction against the state may be invoked only when the law is 6. Frauds against the public treasury
ambiguous and there is doubt as to its interpretation. Where the law is clear 7. Failure of accountable officer to render accounts
and unambiguous, there is no room for the application of the rule. 8. Failure to make delivery of public funds or property
2. Spanish text is controlling. 9. Falsification by a public officer or employee committed with abuse of his
official position
The RPC
2 Theories in Criminal Law When offender should commit any of the crimes against national security
1. CLASSICAL THEORY – basis of criminal liability is human free will and the and the law of nations: VICE-FC-PT
purpose of the penalty is retribution. 1. Violation of neutrality
2. POSITIVIST THEORY – man is subdued occasionally by a strange and 2. Inciting to war and giving motives for reprisals
morbid phenomenon which constrains him to do wrong, in spite of or contrary 3. Conspiracy and proposal to commit treason
to his volition. 4. Espionage
5. Flight to enemy’s country
Art. 2. (See exceptions to Territorial Characteristic of CL) 6. Correspondence with hostile country
7. Piracy and mutiny on the high seas
When the offender should commit an offense while on a Philippine ship or 8. Treason
airship:
 A Philippine vessel, although beyond 3 miles for the seashore, is considered  Filing of case: any RTC in the Philippines where the charge is first filed.
part of the national territory.  An offense committed on the high seas on board a foreign merchant vessel is
But when the Philippine vessel or aircraft is in the territory of a foreign not triable by our courts.
country, the crime committed on said vessel or aircraft is subject to the laws  Continuing offense on board a foreign vessel – triable in the Philippines when
of that foreign country. the forbidden conditions existed during the time the ship was within the
 Vessel or aircraft must be registered in the Philippine Bureau of territorial waters of the Phil.
Customs.
 Philippine court has no jurisdiction over the crime of theft committed on the  Offenses committed on board a foreign merchant vessel while on Philippine
high seas on board a vessel not registered or licensed in the Philippines. waters is triable before our court.
Exception:
When the offender should forge or counterfeit any coin or currency note of 1. If they merely affect things within the vessel; or
the Philippines or obligations and securities issued by the Government 2. They refer to the internal management thereof.
 Even if done in a foreign country, offender may be prosecuted before our
courts for violation of Art. 163 or 166 of the RPC.  But Philippine courts have no jurisdiction over offenses committed on board
FOREIGN WARSHIPS in territorial waters.
When the offender should be liable for acts connected with the introduction
into the Philippines of the obligations and securities Art. 3. Definition.
FELONIES – acts or omissions punishable by law (the RPC).
How are felonies committed? Either by –
1. Dolo/Deceit – when the act is performed with deliberate intent; or  In mistake of fact, the act done by the accused would have constituted (1)
2. Culpa/Fault – wrongful act results from negligence, imprudence, lack of a justifying circumstance, (2) an absolutory cause, or (3) an involuntary act.
foresight, or lack of skill.
Elements of FELONIES: API  The mistake must be without fault or carelessness on the part of the
1. Act or omission; accused. (See US v. Ah Chong and People v. Oanis)
2. Such act or omission is Punishable by the RPC;
3. Incurred by means of dolo or culpa.  When the accused is charged with intentional felony, absence of criminal
intent is a defense.
Classification of Felonies According to the Means by which they are
Committed Requisites for CULPA or fault: FII
INTENTIONAL FELONIES CULPABLE FELONIES 1. Freedom while doing an act or omitting to do an act;
Act or omission of offender is Act or omission performed is without 2. Intelligence while doing the act or omitting to do the act;
malicious. malice. 3. He is Imprudent, Negligent, or Lacks foresight or Skill while doing the act or
He has the intention to cause an injury Injury caused by the offender to another omitting to do the act.
to another. person is unintentional.
 A deliberate intent to do an unlawful act is essentially inconsistent with the
3rd classification – those defined and penalized by special laws. idea of reckless imprudence.
 If there is neither malice nor negligence on the part of the person causing
 Negligence – usually involves lack of foresight. Indicates deficiency of damage or injury to another, he is not criminally liable under the RPC.
perception.
 Imprudence – usually involves lack of skill. Indicates deficiency of action. CRIMES PUNISHED BY SPECIAL LAWS
 Intent to commit the crime is not necessary. It is sufficient that the offender
Requisites of DOLO or malice: FII has the intent to perpetrate the act prohibited by the special law.
1. Freedom while doing an act or omitting to do an act;
2. Intelligence while doing the act or omitting to do the act; MALA IN SE MALA PROHIBITA
3. Intent while doing the act or omitting to do the act. There must be criminal intent. Sufficient if the prohibited act was
intentionally done.
 Intent is presumed, it being a mental process. The presumption arises from Wrongful in nature. Wrong merely because prohibited by
the proof of the commission of an unlawful act. statute.
But the presumption of criminal intent does not arise from the proof of the So serious in their effects on society as Violations of mere rules of convenience
commission of an act which is not unlawful. to call for almost unanimous designed to secure a more orderly
condemnation of its members. regulation of the affairs of society.
 Mistake of fact – a misapprehension of fact on the part of the person who
caused injury to another. He is not criminally liable because he did not act with  When the acts are INHERENTLY IMMORAL, they are MALA IN SE even if
criminal inent. punished under special law.
- The intention of the accused in performing the act should be lawful.
- When the accused is negligent, mistake of fact is not a defense. MOTIVE INTENT
Moving power which impels one to Purpose to use a particular means to
 Requisites of MISTAKE OF FACT: AIM action for a definite result. effect such result.
1. Act done would have been lawful had the facts been as the accused
believed them to be.  Motive is not an essential element of a crime, and, hence, need not be
2. Intention of accused in performing the act should be lawful. proved for purposes of conviction.
3. Mistake must be without fault or carelessness on the part of the accused. Exceptions: Motive is relevant when – T-DINE
a. When there are Two antagonistic theories or versions of the killing;
 b. There is Doubt as to the identity of the assailant;
c. Identification of the accused proceeds from an unreliable source and the
testimony is inconclusive and not free from doubt;
d. No eyewitnesses to the crime, and where suspicion is likely to fall upon a
number of persons;
e. Evidence is merely circumstantial.
 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 reasonably be
deduced that the accused was the malefactor.
Art. 4. Criminal Liability.
By whom incurred?
1. By any person committing a felony 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 possibility of its
accomplishment or on account of the employment of inadequate or
ineffectual means.
Reason for #1: He who is the cause of the cause is the cause of the evil caused.
 Under this paragraph, the person committing a felony is still criminally liable
even if –
a. There is mistake in the identity of the victim (error in personae)
b. There is mistake in the blow (aberratio ictus)
c. There injurious result is greater than that intended (praeter
intentionem)
Requisites of Art. 4, Par. 1: IW
1. Intentional felony has been committed;
2. The Wrong done to the aggrieved party be the direct, natural, and logical
consequence of the felony committed by the offender (dnl).
 No felony is committed when the act is not punishable by the RPC or when
the act is covered by any of the justifying circumstances.
 Any person who creates in another’s mind an immediate sense of danger,
which causes the latter to do something resulting in the latter’s injuries, is
liable for the resulting injuries.
 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.
 The cause and effect is not altered or changed because of the pre-existing
conditions, such as the – PPCC
a. Pathological condition of the victim;
b. Predisposition of the offended party;
c. Concomitant or concurrent conditions, such as the negligence or fault of
the doctors; or
d. Conditions supervening the felonious act, such as tetanus, pulmonary
infection or gangrene.
 Offended party is not obliged to submit to a surgical operation to relieve the
accused from the natural and ordinary results of his crime.
Death of the victim is PRESUMED to be the natural consequence of the physical
injuries inflicted, when the following facts are established – NDR
a. Normal health of the victim at the time the physical injuries were inflicted.
b. Death may be expected from the physical injuries inflicted.
c. Death ensued within a Reasonable time.
Felony committed is not the proximate cause of the resulting injury when – AI
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. Resulting injury is due to the Intentional act of the victim.
Requisites of Art. 4, Par. 2 (IMPOSSIBLE CRIMES): AEIN
1. Act performed would be an offense against persons or property.
2. It was done with Evil intent.
3. Inherent impossibility of its accomplishment, or Inadequacy or ineffectuality of
the means employed.
4. Act performed should Not constitute a violation of another provision of the
RPC.
 If the act performed would be an offense other than a felony against persons
or against property there is no impossible crime
 Inherent impossibility of its accomplishment – there must be either (1)
legal impossibility or (2) physical impossibility.
 Employment of inadequate means – example, A, determined to poison B,
uses a small quantity of arsenic by mixing it with the food given to B, believing
that the quantity employed by him is sufficient. But since in fact it is not
sufficient, B is not killed. The means employed is inadequate to kill a person.
But where the means employed is adequate and the result expected is not
produced, it is not an impossible crime, but a frustrated felony.

 Employment of ineffectual means – example, killer A puts poison in the
soup of B, when in fact it was sugar; A, with intent to kill B, aimed his gun at
the back of the latter, not knowing it was empty. Gun did not fire when he
pressed the trigger.
Art. 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.
In connection with ACTS WHICH SHOULD BE REPRESSED BUT WHICH ARE
NOT COVERED BY THE LAW, duty of the judge trying the criminal case,
REQUISITES:
AC-CJ
1. Act committed by the accused is not punishable by any law;
2. Court deems it proper to repress such act;
3. Court must render proper decision by dismissing the case and acquitting the
accused;
4. Judge must make a report to the CHIEF EXECUTIVE, thru the SECRETARY OF
JUSTICE, stating the reasons which induce him to believe that the said act
should be made the subject of penal legislation.
In cases of EXCESSIVE PENALTIES: GP-CJ
1. Guilt of the accused is established by the court after trial.
2. Penalty provided by law and which the court imposes for the crime committed
appears clearly excessive because –
a. Accused acted with lesser degree of malice, and/or
b. No injury or injury caused is of lesser gravity.
3. Court should not suspend the execution of the sentence.
4. Judge should submit a statement to the CHIEF EXECUTIVE, thru the
SECRETARY OF JUSTICE, recommending executive clemency.
Art. 6. Consummated, Frustrated, and Attempted felonies.
They are punishable.
CONSUMMATED FELONY – a felony is consummated when all the elements
necessary for its execution and accomplishment are present.
FRUSTRATED FELONY – 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 FELONY – the offender commences the commission of the 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.
Elements of ATTEMPTED FELONY: CDNN
1. Offender Commences the commission of the felony directly by overt acts;
2. He Does not perform all the acts of execution which should produce the
felony;
3. He is Not stopped by his own spontaneous desistance;
4. Non-performance of all acts of execution was due to cause or accident other
than his spontaneous desistance.
 OVERT ACTS – some physical activity or deed, indicating the intention to
commit a particular crime, more than a mere planning or preparation, which if
carried to its complete termination following its natural course, without being
frustrated by external obstacles nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen into a concrete offense.
 The external acts must have a direct connection with the crime intended to be
committed by the offender.
 Directly by overt acts – directly suggests that the offender must
commence the commission of the felony by taking direct part in the execution
of the act.
 If the offender has performed all the acts of execution – nothing more is
left to be done – the stage of execution is that of a frustrated felony, if the
felony is not produced; or consummated, if the felony is produced.
 If the actor does not perform all the acts of execution by reason of his own
spontaneous desistance, there is no attempted felony. The law does not
punish him. The desistance should be made before all the acts of
execution are performed.
 The desistance which exempts from criminal liability has reference to the
crime intended to be committed, and has no reference to the crime
actually committed by the offender before his desistance.
 SUBJECTIVE PHASE OF THE OFFENSE – that portion of the acts
constituting the crime, starting from the point where the offender begins
the commission of the crime to that point where he has still control
over his acts, including their natural course.
Elements of FRUSTRATED FELONY: PAFR
1. Offender Performs all the acts of execution;
 2. All the acts performed would produce the felony as a consequence;
3. Felony is not produced;
4. Reason is because of causes independent of the will of the perpetrator.
 In crimes against persons, as homicide, which requires the victim’s death to
consummate the felony, it is necessary for the frustration that a mortal
wound be inflicted, because then the wound could produce the felony as a
consequence.
 In Frustrated Felony, the offender has reached the objective phase; in
Attempted Felony, the offender has not passed the subjective phase.
CONSUMMATED FELONY MANNER OF COMMITTING THE CRIME
- All the elements necessary for its execution and accomplishment are
present.
- When the felony has 2 or more elements and one of them is not proved
by the prosecution during the trial, either:
1. The felony is not shown to have been consummated; or
2. The felony is not shown to have been committed; or
3. Another felony is shown to have been committed.
What are considered in determining whether the crime is only attempted,
frustrated, or consummated? NEM
1. Nature of offense;
2. Elements constituting the felony;
3. Manner of committing the felony.
 In ARSON, it is not necessary that the property is totally destroyed by fire.
The crime of arson is consummated even if only a portion of the wall or
any other part of the house is burned.
- When a person had poured gasoline under the house of another and was
about to strike a match to set the house on fire when he was
apprehended, he was guilty of attempted arson.
- If there was a blaze, but no part of the house is burned, the crime of
arson is frustrated.
Art. 7.
 In THEFT, the crime is consummated when the thief is able to take or When are LIGHT FELONIES punishable?
get hold of the thing belonging to another, even if he is not able to carry
it away.
- There is no crime of frustrated theft. The ability of the offender to
freely dispose of the property stole is not a constitutive element of the
crime of theft.
- Without unlawful taking as an act of execution, the offense could only be
attempted theft.
 In ESTAFA, the crime is consummated when the offended party is
actually damaged or prejudiced.
 In ROBBERY by the use of FORCE UPON THINGS, since the offender
must enter the building to commit the crime, he must be able to carry out of
the building the thing taken to consummate the crime.
 In ROBBERY with VIOLENCE AGAINST or INTIMIDATION OF
PERSONS, the crime is consummated the moment the offender gets hold of
the thing taken and/or is in a position to dispose it freely.
1. Formal crimes – consummated in one instant. No attempt. There is either a
crime or no crime at al. example: slander, false testimony.
2. Crimes consummated by mere attempt or proposal by overt act –
Flight to enemy’s country – mere attempt to flee to an enemy country is a
consummated felony
Corruption of minors – mere proposal to the minor to satisfy the lust of
another will consummate the offense
No attempted crime of treason, because the overt act in itself consummates
the crime
3. Felony by omission – no attempted stage. Offender does not execute acts.
He omits to perform an act.
4. Crimes requiring the intervention of 2 persons to commit them are
consummated by mere agreement –
5. Material crimes – there are 3 stages of execution.
- There is no frustrated rape.
 There is no attempted or frustrated impossible crime.
 Only when they have been consummated.
Exception: those committed against persons or property.
 Light felonies punished by the RPC: STAMI
1. Slight physical injuries
2. Theft
3. Alteration of boundary marks
 4. Malicious mischief
5. Intriguing against honor
Art. 8. Conspiracy and proposal to commit felony.
 Punishable only in cases in which the law specially provides a penalty therefor.
CONSPIRACY – (elements) exists when: TAD
a. Two or more persons come to an agreement;
b. Agreement concerns the commission of a felony; and
c. They Decide to commit it.
There is PROPOSAL when – DP
1. A person has Decided to commit the felony
2. He Proposes its execution to some other person or persons.
Punishable Conspiracies:
1. Conspiracy to commit treason;
2. Conspiracy to commit coup d’etat, rebellion or insurrection
3. Conspiracy to commit sedition.
 If they commit treason, they will be held liable for treason and the
conspiracy which they had before committing treason is only a manner of
incurring criminal liability. It is not a separate offense.
 It is fundamental for conspiracy to exist that there must be (1) unity of
purpose and (2) unity in the execution of the unlawful objective.
 Conspiracy arises on the very instant the plotters agree, expressly or impliedly,
to commit the felony and forthwith decide to pursue it.
 Conspiracy can be presumed from and proven by acts of the accused
themselves when the said acts point to a joint purpose and design,
concerted action and community of interests.
 Elements of conspiracy must be proven beyond reasonable doubt.
There is no criminal proposal when –
1. The person who proposes is not determined to commit the felony.
2. There is no decided concrete and formal proposal.
3. It is not the execution of a felony that is proposed.
 It is not necessary that the person to whom the proposal is made agrees to
commit treason or rebellion.
Art. 9.
CLASSIFICATIONS OF FELONY ACCORDING TO GRAVITY
1. Grave felonies – those to which the law attaches the capital punishment
or penalties which in any of their periods are afflictive.
2. Less grave felonies – those which the law punishes with penalties which in
their maximum period are correctional.
3. Light felonies – those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding P200, or both, is
provided.
Art. 10. Offenses not subject to the provisions of this Code.
Offenses which are or in the future may be punishable under special laws are not
subject to the provisions of this Code. This Code shall be supplementary to such
laws, unless the latter should specially provide the contrary.
 Attempted or frustrated stage of the execution of an offense penalized by a
special law is not punishable, unless the special law provides a penalty
therefor.
 The special law has to fix penalties for attempted and frustrated crime.
Reason: Because the penalty for the attempted and frustrated crime is 2
degrees or one degree lower, respectively. The special law does not provide
for a penalty 1 or 2 degrees lower than that provided for the consummated
stage.
 Art. 10 is not applicable to punish an accomplice under the special law.
 The penalty prescribed in special law is usually indeterminate and does not
contain 3 periods. Plea of guilty as a mitigating circumstance is not available
under special laws.
 The suppletory application of the RPC to special laws, by virtue of Art. 10,
finds relevance only when the provisions of the special law are silent on a
particular matter.
 Aggravating circumstances cannot be appreciated in offenses punished by
special laws.