CRIMINAL LAW

● Objective Phase - the result of the

ARTICLE 6 Stages of execution acts of execution, that is, the
Consummated felony, Frustrated accomplishment of the crime.
felony, Attempted felony

Commission/Development of crime
1. Internal Acts - Ideas in the mind
of a person not yet punishable
“Mens Rea” - guilty mind
2. External Acts - “Actus Reus” -
guilty act
a. Preparatory Acts - not punishable,
“mala prohibita”
ex. Bought a poison

b. Acts of Execution - they are

punishable under the R.P.C.
3 Stages: Attempted - Frustrated -
Consumated
ex. Naa nay poison ang pag perform
nalang. There are already ‘Direct Overt
Acts’ that must have a connection to
the intended crime. (Definition of Overt
Act)

Attempted Stage
Why there is no commences the Felony?
Because there are some cause or
accident or other spontaneous desistance
(meaning 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.)
● Subjective Phase - attempted
felony, the offender never passes the
subjective phase of the offense, you have
the control to continue or not.
AFFIDAVIT OF DESISTANCE
https://attorney.org.ph/legal-news/231-affid
avit-of-desistance-its-effect-on-pursuing-a-
criminal-case#:~:text=If%20the%20accuse
d%20voluntarily%20desisted,to%20the%2
0path%20of%20righteousness.%20.
ATTEMPTED FELONY
Definition:
There is an attempt when the offender
commences (an action) the commission of
a felony directly by overt acts, and does
not perform all the acts of execution
which produce the felony by reason of
some cause or accident other than his
own spontaneous desistance.
The following are the elements of
Attempted felony:
1. The 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. The offender’s act is not stopped by his
own spontaneous desistance;
4. The non-performance of all acts of
execution was due to cause or accident
other than his spontaneous desistance.
NOTE: in here, the offender never
passes the subjective phase.
Requisites: the definition of Attempted
Felony
- There is an attempt when the
offender commences (an action) the
commission of a felony directly by overt
acts, and does not perform all the acts
of execution which produce the felony
by reason of some cause or accident
other than his own spontaneous
desistance.
FRUSTRATED FELONY
Definition:
- 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 independent of
the will of the perpetrator - (a person who
committed the Crime).
The following are the elements of a
Frustrated felony:
1. The offender performs all the acts
of execution;
2. All the acts performed would
produce the felony as a consequence;
3. But the felony is not produced;
4. By reason of causes independent
of the will of the perpetrator.
Requisites: Frustrated
a. The offender has performed all the
acts of execution which should produce
the felony
b. The felony is not produced due to
causes independent of the will of the
perpetrator
NOTE: In here, the offender has no
more control of what will happen next,
therefore it is already on the objective
phase.
CONSUMMATED FELONY
Definition:
- A felony is consummated when all
elements necessary for its execution
(attempted) and accomplishment
(frustrated) are present. (successful
crime)
https://www.bigwas.com/2014/05/consum
mated-frustrated-and-attempted.html
In determining whether the felony is only
attempted or frustrated or it is
consummated.
1. The nature of the offense
2. The elements constituting the
felony, as well as
3. The manner of committing the
same, must be considered.
Ex. The wife prepared the drink for his
husband with the poison of mice and she
directly gave 1 gallon of honey.
- Consummated
Material Crime - present ang 3 stages of
felony (Attempted - Frustrated -
Consumated)
Formal Crime - wala ang 3 stages of
felony (Attempted - Frustrated -
Consumated)
Nature of Crime
Arson - about fire check definition 120
(Consumated Frustrated)
- Arts. 320 - 326 - The crime of
arson is, therefore, consummated even if
only a portion of the wall or any other part
of the house is burned.
- The fact of having set fire to some
rags and jute sacks soaked in kerosene
oil, and placing them near the wooden
partition of the house, should not be
qualified as consummated arson,
inasmuch as no part of the house began ARTICLE 9
to burn. It is only Frustrated Arson.
Grave Felonies - are those to which the
Elements constituting the Felony law attaches the capital punishment or
Theft - the crime is consummated when penalties which in any of their periods are
the thief is able to take or get hold of the afflictive.
thing belonging to another, even if he is
not able to carry it away. Less Grave Felony - are those which the
law punishes with penalties which in their
Estafa - the crime is consummated when maximum period are correctional.
the offended party is actually damaged or (conditional)
prejudiced.
Light Felonies: - are those infractions of
Article 6 Paragraphs 2 and 3 law for the commission of which the
Consummated, Frustrated, Attempted penalty of arresto menor or a fine not
(Compare and Contrast) exceeding P200, or both is provided.
- A felony is consummated when all
the elements necessary for its execution
Death CAPITAL
and accomplishment are present; PUNISHMENT
- Grave Felonies
- and it is frustrated when the
offender performs all the acts of execution Reclusion Perpetua 20yrs a day to 40yrs
which would produce the felony as a - Grave Felonies
consequence but which, nevertheless, do
not produce it by reason of causes Reclusion Temporal 12yrs a day to 20yrs
independent of the will of the perpetrator. - Grave Felonies
- There is an attempt when the
Prision Mayor 6yrs a day to 12yrs
offender commences the commission of a
- Grave Felonies
felony directly or over acts, and does not
perform all the acts of execution which Prision Correccional 6months a day to 6yrs
should produce the felony by reason of - Less Grave Felonies
some cause or accident other than this min 2 med 4 max 6
own spontaneous desistance.
Arresto Mayor 1month a day to
ARTICLE 7 - Less Grave Felonies 6months

Light felonies are punishable when they Arresto Menor 1day to 30days
have been consummated except if it is a - Light Felonies
crime against persons or property
Suspension
ARTICLE 8 Destierro Cannot enter a vicinity
within 25m radius
Conspiracy - consists of two or more and - Penalty but not
came up with proposal behind bars

Conspiracy - treason, rebellion,

insurrection - incurs criminal liability
 Capital Afflictive
Death Lower then death
down to Prision
Mayor
ARTICLE 10
Special laws (mala prohibita);
No stages of execution
No making of good faith
ARTICLE 11
(THERE IS A VICTIM, BUT NO
CRIMINAL)
11 - Justifying Circumstances
12 - Exempting Circumstances
13 - Mitigating Circumstances
14 - Aggravating Circumstances
15 - Alternative Circumstances
It affects the criminal liability
JUSTIFYING CIRCUMSTANCES
- the act is justified / No Criminal
Liability/Civil Liability (as General Rule)
- No Criminal Liability because the
act is in accordance w/ the law
- Defense to relative / Strangers /
Self
1. SELF-DEFENSE
(3 circumstances)
- (Most Important) Unlawful
Aggression (must be physical) -
Unlawful attack.
- If it stops, you will be liable
(Retaliation)
- It must be ACTUAL / IMMINENT
- Sine gua non - without which self
defense cannot be considered.
(Indisquerable requirement)
Actual Imminent
happened Point of happening
(JUSTIFYING)
159 Par 1 - Self-defense
206 Par 2 - Defense of Relatives
212 Par 3 - Defense of Strager
214 Par 4 - Avoidance of greater evil or
injury
217 Par 5 - Fulfilment of duty or lawful
exercise of right or office
225 Par 6 - Obedience to order issued
for some lawful purpose
MITIGATING CIRCUMSTANCES
- Immediate Vindication of a grave
offense
Paramour - kabit sa minyo nga girl
Concubine - kabit sa minyo nga boy
Requisites of Self-Defense Par 1
a. Unlawful Aggression
b. Reasonable necessity of the
means employed to prevent or
repel it; and
c. Lack of sufficient provocation on
the part of the person defending
himself
INCOMPLETE SELF DEFENSE
● If one circumstance is missing in
justifying, it is EXEMPTING.
EXEMPTING CIRCUMSTANCE (ART 12)
There is civil liability but no criminal liability
● Slapping the face (Unlawful
Aggression)
Slap against ones dignity, right and
safety
● Defense of Rights (Property /
Chastity Rights
- Man about to rape (Chastity)
● Defense of Property Rights
 - Standing of things in the car
(Property)
B. Reasonable necessity of the means
employed to present/repel it
- Gun, bolo, gold
- Bolo vs. Gun (Justifiable)
- 3 people vs. Gun / Knife
(Justifiable)
C. Lack of sufficient provocation on the
part of the person defending himself
- Provocation must not be coming
from you
RA 9262 - acknowledges that women who
have retaliated against their partner or
who commit violence as a form of
self-defense may have suffered from
Battered Woman Syndrome (BWS).
BWS refers to a pattern of psychological
and behavioral symptoms found in
battered women as a result of a long
history of abuse.
Requisites of Defense of Relatives Par
2 a. That an order has been issued by
1. Unlawful aggression
2. Reasonable necessity of the
means employed to prevent or
repel it; and
3. In case the provocation was given
by the person attacked the one
making a defense had no part
therein
Requisites of Defense of Stranger Par 3
1. Unlawful aggression
2. Reasonable necessity of the
means employed to prevent or
repel it; and
3. The person defending be not
induced by revenge, resentment or
other evil motive
Article 247 - Death or physical injuries
inflicted under exceptional Circumstances
205 Battered Woman Syndrome
Requisites of avoidance of greater evil
or injury Par 4
a. That the evil sought to be avoided
actually exists
b. That the injury feared be greater
than that done to avoid it
c. That there be no other practical
and less harmful means of
preventing it
Requisites of fulfilment of duty or
lawful exercise of right or office Par 5
a. That the accused acted in the
performance of a duty or in the
lawful exercise of a right or office
b. That the injury caused or the
offense committed be the
necessary consequence of the due
performance or the lawful exercise
of such right or office
Requisites of obedience to order
issued for some lawful purpose Par 6
a superior
b. That such order must be for some
lawful purpose
c. That the means used by the
subordinate to carry out said order
is lawful
ARTICLE 12
11 - Justifying Circumstances
12 - Exempting Circumstances
13 - Mitigating Circumstances
14 - Aggravating Circumstances
15 - Alternative Circumstances
229 Par 1 - An imbecile or an insane
person, unless the latter has acted
during a lucid interval
If he is insane it must proven that he is
insane
Dolo or Malice - required freedom,
intelligence, intent
Culpa - required freedom, intelligence,
negligence, imprudence, lack of foresight,
lack of skill
Dementia
Irresistible impulse to kill
If a person suffering from that ill Shall be
exempt for criminal liability but not in civil
liability
Kleptomania
Involuntary irresistible impulse to snach
If a person suffering from that ill Shall be
exempt for criminal liability but not in civil
liability
Sleepwalking Sleep while killing - insanity
Evidence of record or testimony is
required to prove an allegation. Record of
disorder/ or testimony by witness
237 Par 2 - A person under nine years
of age
238 Par 3 - A person over nine years of
age and under fifteen unless he has
acted with discernment, in which case,
such minor shall be proceed against in
accordance with the provision of
Article 80 of this code
Paragraph 2 and 3 is about minority
Repealed 15yrs old and below not
criminally liable, but there he still
committed a crime. Need to present Birth
Certificate
15 to below 18 acted with discernment
capable of understanding the act. Whether
it's right or wrong,i he will be liable.
Ex. Before committing a crime, in
preparation for sharpening a knife at night
to hide the identity. There is discernment.
There is preparation, therefore it is
murder.
Ex. Washing the sundang to hide the
weapon. so that he can hide the weapon
from being a murder weapon.
Ex. Putang ina mo buti natikman mo. This
show discernment therefore
Below the age of 18 - Diversion Program),
he will not be in prison, protected by the
government, for settlement.
That child be in contravention to DSWD,
but the parents are liable.
242 Par 4 - Any person who, while
performing a lawful act with due care,
causes an injury by mere accident
without fault or intention of causing it
Elements;
1. A person is performing a lawful act
2. With due care;
3. He causes an injury to another by
mere accident
4. Without fault or intention of causing
it
Accident - performing a lawful act (with
due care, carefully) but causing injury by a
mere accident without fault or intention
causing it.
If negligent, there is civil liability
Ex. A car at high speeds and a child 2. That it promises an evil of such
running but being run over Yes you are gravity and imminence that the
liable because of negligent ordinary man would have
succumbed to it
Ex. They shot a cat by airgun, but the
neighbor got shot. Yes, if you killed your Uncontrolable fear - threats or
neighbor. Mistake a blow or even killing a intimidationg it must be Real or Iminent
cat you are liable
Threat must be greater or at least equal to
Ex. Acting self defense you pulled the a crime that you are to commit
trigger
Rebellion - if di ka mu apil sa crime na e
Ex. Committing suicide, and then commit. The threat to be killed
someone got hit. Not criminally liable but
there is civil liability Absent of freedom

Ex. While on duty, he played with his 253 Par 7 - Any person who fails to
firearm and shot a pedestrian. Liable perform an act required by law, when
Reckless imprudence resulting to prevented by some lawful or
homicide insuperable cause

247 Par 5 - Any person who acts under Insuperable - Beyond your control
the compulsion if an irresistible force

Elemets;
1. That the compulsion is by means
of physical force
2. That the physical force must be
irresistible
3. That the physical force must come
from a third person

Irresistible force - Violence

When you do against your will - Exempting

circumstance

Must not have self-defense

249 Par 6 - Any person who acts under

the impulse of an uncontrollable fear of
an equal or greater injury

Elements;
1. That the threat which causes the
fear is an evil greater than or at
least equal to, that which he is
require to commit;