Professional Documents
Culture Documents
I. Course description: A study of the characteristics of Criminal Law, the nature and
classification of felonies, the circumstances affecting criminal liability and the extent and
extinction of criminal liabilities as well as the civil liability of the offender, the nature, manner of
computation of penalties, complex crimes, habitual delinquency, the application of the
Indeterminate Sentence Law and the Probation Law. The course covers Book One of the Revised
Penal Code and related laws.
1. General principles
1.1. Definition and nature
1.5.3. Prospectivity
Art. 366
Exception: More favorable to accused
Exceptions to exception:
Law provides inapplicability
Habitual Criminal [Art. 22; Art. 62 (5)]
Even SC Decisions
Hernan v. Sandiganbayan, GR 217874, December 5, 2017
Repeals
U.S. v. Cuna, 12 Phil. 241 GR No. L-4504, December 15, 1908
Summary of rule
Distinguish as to:
Intent
Agg/Mitigating
Participation
Stages
Under what law
Moral turpitude
Absorption
Enrile v. Amin, GR 93335, September 13, 1990
2.2. “He who is the cause of the cause is the cause of the evil caused.” (Art. 4)
Ex: if there is an intervening cause
Day 5 (Sept 2)
2.4. Art. 5
Day 6 (Sept 9)
Attempted
“Overt act” v. “preparatory act”
People v. Lamahang, 61 Phil. 703 GR No L-43530, August 3, 1935
People v. Lizada, GR 143468-71, January 24, 2003
U.S. v. Te Tong, 26 Phil. 453 GR No 8654, December 29 1913
Tibong v. People, GR 191000, September 15, 2010
Frustrated
No frustrated stage in:
Theft and robbery
Rape
Adultery and concubinage
Bribery and corruption
Acts of lasciviousness
People v. Honrada, 62 Phil. 112 GR Nos 112178-79, April 21, 1995
Consummated
No attempted or frustrated in:
SPL, unless it provides otherwise
Formal crimes (such as acts of lasciviousness, threats, coercion, slander)
Impossible crimes
People v Hernandez, 54 Phil. 122 GR No L-31770, December 5, 1929
Valenzuela v. People, GR 160188, June 21, 2007
Pentecostes, Jr. v. People, 417 SCRA 504 GR No 167766, April 7, 2010
People v. Orita, 184 SCRA 114 GR No 88724, April 3, 1990
4. Grave vs. less grave vs. light felonies (Arts. 7 and 9, as amended by RA 10951)
Light felonies, when punishable
E.g. of light felonies (slight physical injuries, theft of farm products, alteration of
boundary marks, malicious mischief, intriguing against honor)
5. Plurality of Crimes
Gamboa v. CA, GR L-41054, November 28, 1975
5.1.1. Compound Crime – when a single act constitutes two or more grave or less
grave felonies
People v. Guillen, 85 Phil. 307, GR L-1477, January 18, 1950
People vs. Lawas, 97 Phil. 975, GR L-7618-20, June 30, 1955
People v. Tabaco, GR 100382-385, March 19, 1997
People v. Sanidad, GR 146099, April 30, 2003
People v. Elarcosa, GR 186539, June 29, 2010
6.1. Self-defense
6.1.1. Unlawful aggression
People v. Nugas, GR 172606, November 23, 2011
People v. Bautista, 254 SCRA 621 GR No 109800, March 12, 1996
People v. Cajurao, GR 122767, January 20, 2004
People v. Aquino, GR L-32390, December 28, 1973
People v. Gondayao, 30 SCRA 226 GR No L-26240, October 31, 1969
Battered woman syndrome (Sec. 26, RA 9262)
7.2. Minority
Secs. 6 and 7 RA 9344, as amended
Llave v. People, GR 166040, April 26, 2006
7.3. Accident*
People v. Ayaya, 52 Phil 354 GR No L-29396. November 9, 1928
Day 13 (Oct 2)
Day 14 (Oct 7)
Day 15 (Oct 9)
8.10. Analogous
People v. Macbul, 74 Phil. 436, GR L-48976, October 11, 1943
People v. Monaga, GR L-39528, November 19, 1982
People v. Agustin, GR L-18368, March 31, 1966
9.3. Disregard of [rank, age, or sex (S – against persons or honor)] and [dwelling (G)] of
the offended party
People v. Valeriano, 90 Phil. 15, GR L-2159, September 19, 1951
Mari v. CA, 332 SCRA 475, GR 127694, May 31, 2000
People v. Lora, GR L-49430, March 30, 1982
People v. Puno, GR L- 33211, June 29, 1981
People v. Morales, GR L-35413, November 7, 1979
Day 19 (Nov. 4)
Day 20 (Nov. 6)
9.17. Ignominy (S – chastity, less serious physical injuries, light/grave coercion, murder)
People v. Saylan, 130 SCRA 159, GR L-36941, June 29, 1984
People v. Cortezano, 411 SCRA 431, GR 123140, September 23, 2003
11.1. Relationship
See Art. 332, 263, 246, 265, 266
People v. Atop, G.R. 123303-05, February 10, 1998
Intestate Estate of Gonzales v. People, GR 181409, February 11, 2010
11.2. Intoxication
People v. Noble, 77 Phil. 93 GR No L-288, August 29, 1946
People v. Dungka, 64 Phil. 421 GR No L-45423, July 1, 1937
11.3. Education
People v. Mutya, 106 Phil. 1167, GR L-11255-56, September 30, 1959
People v. Retania, GR L-34841, January 22, 1980
13.1.2. By inducement
People v. Rafael, 343 SCRA 97, GR 123176, October 13, 2000
People v. Yanson-Dumancas, 320 SCRA 584, GR 133527-28, Dec. 13,
1999
People v. Agapinay, 186 SCRA 812, GR 77776, June 27, 1990
13.2. Accomplices
Art. 18
People v. Montesclaros, 589 SCRA 320, GR 181084, June 16, 2009
People v. Corbes, 270 SCRA 465, GR 113470, March 26, 1997
People v. Tamayo, 44 Phil. 38, GR L-18289, November 17, 1922
People v. De Vera, 312 SCRA 640, GR 128966, August 18, 1999
Conspirators vs accomplices
13.3. Accessories
Art. 19
People v. Verzola, 80 SCRA 600, GR L-35022, December 21, 1977
United States v. Villaluz, 32 Phil. 376, GR 10726, December 01, 1915
Vino v. People, GR 84163, October 19, 1989
Day 27 (Dec. 2)
Day 28 (Dec. 4)
Day 29 (Dec. 9)
16.5. Marriage
People v. De Guzman, 614 SCRA 221, GR 185843, March 03, 2010
16.7. Special time allowance for loyalty (Article 98, as amended by RA 10592)
FINALS – Dec. 14 - 23
Principal References: All cases, laws, circulars, and codal provisions as cited above are
required reading. Students may read books and commentaries for supplementary purposes.
Recitation – 40%
Midterms – 30%
Finals - 30%
Mode of classes
We will have synchronous online classes on Zoom. Recitation is mandatory. Only the person
called to recite can unmute him/herself. The rest of the class has to be on mute until called to
recite. Private chatting or messaging during class is not allowed and will be considered cheating.
The use of any aid during recitation is not allowed and will be considered cheating.
Classroom attendance
Attendance will be checked. Maximum allowable cuts is 6. You will not be called if you are
absent.
We will start on time. There will be no grace period. If you are not present when your name is
called, you will be marked absent.
Absences that exceed the maximum cuts will not be excused for any reason.
Others
Class will be advised in advance if there are additional cases to be assigned.
All other matters including but not limited to class attendance, classroom behavior, dishonesty,
cheating, and plagiarism shall be governed by the Student Handbook and/or other such official
policies and guidelines issued by the school.