RPC Articles 1-20

Article 1 – Time when act takes effect ( January 1, 1932)

Article 2 – Application of its provision

1. While on Philippine ship or airship

2. Forge or counterfeit coin or currency of the Philippines
3. Introduction to the island of the preceding number
4. Public officers commit an offense in the exercise of their functions

Article 3 – Definition

 Felonies – delitos
 Deceit – dolo (with F.I.I – Freedom, intelligence and intent)
 Fault – culpa (with F.I.L – Freedom, intelligence and lack of foresight)

Article 4 – Criminal Liability

1. Any person committing a felony, although the act may be different from which he intended
 He who is the cause of the cause, is the cause of the evil caused
Still Criminally Liable if
 Error in Personae – Mistake in the identity of the victim (people v. Oanis)
 Aberratio Ictus – Mistake in the blow (people v. Umawid) *wrong taget
 Praeter intentionem – greater than intended (People v. Cagoco) *proximate cause
Proximate cause – without which the result would have not accured
2. Performing an offense against the person or property
 Inherent impossibility – impossible crime

Article 5 – Acts not covered by the law

1. Nullum crimen, nulla poena sine lege – no crime if there is no law punishes the act
2. Clemency or mercy

Article 6 – Consummated, frustrated and attempted felonies

A. Consummated – done, successful

B. Frustrated – mortal wound or desistance of the perpetrator
C. Attempted – no mortal would or does not perform because of an accident
*WITH OVERT ACTS!

Article 7 – Light Felonies punishable only when they have been consummated

Article 8 – Conspiracy is a proposal to commit a felony (acted in common even without plan)

 Act of one is act of all

Article 9 – Grave, less and light felonies

1. Grave – capital punishment

2. Less grave – maximum period are correctional
3. Light – arresto menor and not exceeding to 40k

Article 10 – Offense not subject to the provisions of this code

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  Offenses in the future may be punishable under special law
A. Mala in se – evil in nature
B. Mala prohibita – wrong because they are prohibited

Article 11 – Justifying circumstances

1. Acts in Defense
 Unlawful aggression
 Necessity to prevent or repel it
 Lack of sufficient provocation
2. Acts in defense of the person or rights (relatives)
3. Acts in defense of the person or rights (strangers)
4. Avoid evil or injury
 Avoiding evil exists
 Injury greater than to avoid it
 No practical means to prevent it
5. Person who acts in fulfillment of a duty
6. Who acts in obedience to an order issued by a superior

Article 12 – Circumstances which EXEMPT from criminal liability

1. Imbecile or insane person

2. Person under 9 years old
3. Person under 9 and 15 yo unless he has acted with discernment
4. Causes injury by mere accident
5. Acts under the impulse of an irresistible force
6. Under the impulse of an equal or greater injury

Article 13 – Mitigating Circumstances

1. Those mention in preceding chapter

2. Offender under 18 or over 70 yo
3. Offender had no intention to commit so grave as that committed
4. Sufficient provocation or threat
5. The act was committed in the immediate vindication of a grave offense to the one committing the felony
(relatives)
6. Passion or obfuscation
7. Voluntarily surrendered
8. Offender is deaf and dumb, blind or suffering physical defect
9. Illness of offender diminishes the will power of the offender
10. Other circumstances of a similar nature to those above-mentioned.

Article 14 – Aggravating Circumstances

1. Taking advantage of his public position

2. Crime with insult to the public authorities
3. Insulting the rank, age or sex of the offended party if the latter has not given provocation
4. Abuse of confidence or obvious ungratefulness
5. Crime committed in the palace or a place dedicated to religious worship
6. Crime committed in the night time or in an inhabitable place
7. Crime committed on the occasion of a calamity or misfortune
8. Crime committed with the aid of armed men
9. Recidivist
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 10. Offender has been previously punished with equal or greater penalty
11. Crime committed in consideration of a price, reward or promise
12. By means of inundation, fire, poison explosion involving greater waste or ruin
13. With evident premeditation
14. Craft, fraud or disguise be employed
15. Advantage be taken of superior strength
16. Treachery (alevosia)
17. Add ignominy to the natural effect of the act
18. After an unlawful entry
19. Commission of the crime a wall, roof, floors, door or window be broken
20. Aid of person under 15 years or by means of motor vehicle
21. Causing other wrong not necessary for its commission (cruelty)

Article 15 – their concept. Alternative circumstances

1. Relationship
2. Intoxication
3. Degree of instruction and education of the offender

Article 16 - who are criminally liable

1. Principals
2. Accomplices
3. Accessories
Liable for light felony
1. Principals
2. Accomplices

Article 17 – principals

1. Principal by direct participation (siya mismo may gawa)

2. Principal by direct participation (nag help sya sa pag gawa ng crime)
3. Principal by indispensable cooperation (kung wala sya, hindi ma cocommit yung crime)

Article 18 – Accomplice – cooperation in the execution of the offense

- He does not have previous understanding with the principal to commit a crime but he participates to a
certain point.

Article 19 – Accessories – have knowledge but did not participate

1. Profiting themselves by the effects of the crime

2. By concealing or destroying the body or instrument to prevent its discovery
3. Concealing or assisting the escape of the principal of the crime

Article 20 – Exempt from criminal liability – if the principal is his family

REMEMBER JEMAA!!!

Art. 11 – Justifying circumtances

Art. 12 – Exempt from criminal liability
Art. 13 – Mitigating circumstances
Art. 14 – Aggravating circumstances
Art. 15 – Alternative circumstances