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    2019-Golden Notes-Criminal Law

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    Facury or Crvit Law (1734) CRIMINAL LAW 2019 GOLDEN NOTES FACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS MANILA ‘The UST GOLDEN NOTES Is the annual student-edited bar review ‘material of the University of Santo Tomas, Faculty of Civil Law. Communications regarding the Notes should be addressed to the Academics Committee of the Team: Bar-Ops, Address: Academics Committee ~ “UST Bar Operations Faculty of Civil Law University of Santo Tomas Espana, Manila 1008 Tel. No: (02) 731-4027 (02) 406-1611 loc. 8578 ‘Academics Committee Faculty of Civil Law University of Santo Tomas Espafia. Manila 1008 All rights reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal University of Santo Tomas, the Catholic University of the Philippines. 2019 Ealtion. No portion of this material may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied in diferent electronic devises or in any other form, for distribution or sale, without a written permission [copy ofthis material without the corresponding code either proceeds from an illegal source ori in possession of one who has no authority to dispose the same. wo, 18 Printed inthe Philippines july 2019. ACADEMIC YEAR 2019-2020 CIVIL LAW STUDENT COUNCIL tyopycite. camanno “MARIA FRANCES FAYE R GUTIERREZ [KRYSTAL GAYLE R. DIGAY. PRESIDENT INTERNAL VICE PRESIDENT ‘SECRETARY TEAM: BAR-OPS NICOLEMARIEA.conTES MARYLOU RENZIM, OLOTEO CHRISTINEJOYCEP. ANDRES TKRIZA NINA B.MALALUAN ELOUISAANN De. CARREON CLARET, MENDOZA "ELISHA ELAINE D. BAYOT JOSEPHINE GRACE W. ANG PATRICIA MAE D-GUILLERMO RAFAEL JEROME. MENDOZA KHYNA MATHEA N.CANLAS. DMARSHAN DEIN. GUALUERTO KIERON. UY GLENN MATTHEW ¢ MANLAPID ‘VAN ANGELO K. RESPICIO. TAMES ROSSI. TAN LOUELLJUDE 8. QUE MON FRANCIS A. TOLENTINO CLARA LOUISSE |. YUMANG. JOCHRIS DANIEL 7, GUADES JERREMIAH KRIZIAH BATALLER ‘cunineERson VICE-CHAIRPERSON HEAD, PUBLIC RELATIONS OFFICER ASST. HEAD, PUBLIC RELATIONS OFFICER HEAD, FINANCE COMMITTEE HEAD, HOTEL ACCOMODATIONS COMMITTEE ASST. HEAD, HOTEL ACCOMODATIONS COMMITTEE ASST EAD, HOTEL ACCOMODATIONS COMMITTEE ASST HEAD, HOTEL ACCOMODATIONS, COMMITTEE ASST. HEAD, HOTEL ACCOMODATIONS, COMMITTEE ‘oGIsTics comsarrrEE Loctsrics comMIrTEE Logistics commrr TEE Logistics CoMMIFTEE Logistics CoMMrTEE ‘SENIOR MEMBER SENIOR MEMBER SEMIOR MEMBER SEMIOR MEMBER ATTY. AL CONRAD B.ESPALDON ‘ADVISER OUR DEEPEST APPRECIATION TO OUR MENTORS AND INSPIRATION JUSTICE EDILBERTO G. SANDOVAL JUDGE OSCAR B. PIMENTEL JUDGE RICO SEBASTIAN D. LIWANAG JUDGE PHILIP A. AGUINALDO ATTY. VICTORIA C. GARCIA JUDGE PEDRO T. DABU, JR. For being our guldeposts in understanding the intricate sphere of Criminal Law. Academics Committee 2019 TABLE OF CONTENTS “Based on 2019 Bar syllabus PART I REVISED PENAL CODE (RPC) HOOK I FUNDAMENTAL AND GENERAL PRINCIPLES IN CRIMINAL LAW. ‘A Definition of rial Lan 1. Maton Sead Mote Prohibit, 1B. Applicability ana Eifectivty oft Le Genera. a — 2. Terror mn = ~ 3. Prospects, ——— = FELONIES 1A riminai Liabilities nd Felonies Classen of felonies Stes of execution = 5. Continuing ees 5. Complercrimes and composite comes 7 1B. Circumstances affecting Criminal Liability. 1. aslyngccumstances, 2 Exempung crestances 3. Migating ieumstaness oe 4 Agron ctentanh 6. Absolutory cause Persons Linble and Dagres of Panicipation. 1. Principals, accomplices and acessories. ~ 2. Multpielfendets nen 3._ Obstruction a ster mrvennomnmmmnon enatmis A Principles - een 1. RA. io. 9546. Act Prohbling the epson of Death Penalty inthe Philippines <-oses85 2, cassifeation, . een © Duration and titec ~ - ra D. Application, inna en 1. Indeterminate Sentence Law (Act No. 4103, as mended) 98 2. Thee flr renee “io2 3. Subsiicy imprisonment ras 18 Computation ofPenaltes Ties F. txecutionand service = as 1. PD. Na. 968 Probation law emmnnnen os 2, A934 laverile Juice and Welfare At 110 CCRINAL AND eviL LIABILITIES A 1 Extinction of Criminal Liabilities, oe 1 Gilani Criminal Cases ns PART It REVISED PENAL CODE (RPC) ROOK Crime Against National Security And Laws OF Nations 12 Crimes against Tae Fundamental Laws O/The Sate 130 Crimes Aganet Public Order Crimes AginetPablielnterest. Crimes Against Pablie Morals ‘Crimes Committed By Publi Officers. ‘Chimes Against Persons. ‘Grimes Against Persona Liberty And Secu. Crimes Against Property. Crimes Against Chastity ‘Crimes Against Ci Status Of Persons Crimes Against Honor 2 Administrative icalar 68-2000. PART ti: QUASE-OFFENSES ARTICLE 36S- CRIMINAL NEGLIGENCE. PARTIV: SPECIALLAWS ‘Anti-Arson Law. ' - “tie Carmapping Law ‘ant Cite Abuse Law ‘ani Child Porwograpi Law ‘ant Fencing aw ‘Ant-Graft And Corrupt Practices Act ‘ate Hazing Law . ‘antjackng Law ‘ant Piracy And Anti Highwray Robbery ‘ante Plunder et ‘anti Sel Harassment. ‘ant Tortare Act. ‘ant: Trffckng in Persons Act ‘Ant: Volence Against Women And Their Children Act. ‘Bouncing cheeks Law. (Comprehensive Dangerous Drags Act legal Possession Of Firearms. Indeterminate Sentence Law Javerle Justice And Welfare Act. Obstruction OFfustce Probation Law ‘Trust Receipts Law Gybercrime Prevention het rman Securty At. nti Law 139 182 175 192 204 223 245 m 2a as 2 295 298 299 402 05 a0 303 aS 220 a2 a2 323 333 an 360 365, m M6 a ae [— ee a | DISCLAIMER | THE RISK OF USE OF THIS BAR REVIEW MATERIAL SHALL BE BORNE BY THE USER BOOKI—FeLonies BOOK 1, REVISED PENAL CODE AND SPECIFICALLY INCLUDED SPECIAL LAWS “FUNDAMENTAL AND GENERAL PRINCIPLES INCRIMINAL LAW. Criminal sthatbranchoflaw, which defines crimes, reat oftheir ate, and proides fr {hetrpunishment ‘Theories in criminal law 1. Cassia! theory = The bass of criminal abit x oman fee wil an the purpose of the penal retition It is “ndetvoured to etalish a mnechatedl and Aireet proportion between crime and penalty and there i sane regard to the numa element NOTE: The RPC is generally governed! by this tery 2 Posttvise theory ~ The basis of criminal abi she sum athe soca maar and conomie phenomena to which the etre fxposed. The purposes of penaty are prevention and corection, Ths theory 5 xemplifed in the provisions regarding Impossible crimes (RPG are 4), the rnitgating circumstances of voluntary Surrender and plea of guity (RPC Are 13. par) and babs delinquency (8PC Are 265). 3. Belectlc or Mined theory = ie a combination of postist and clasiat ‘hinking wherein rimes that are economic Sd social in ature should be dealin posilve mane thus, the lee more Compassionate Ideal, the classical theory [sapped to heinous crimes, whereas, the osteitis made toworkon economic snd 4 Ueiitarian or Protective theory The primary: purpose of punishment under {riminal wis the protection of society From actual and potent weongdoer= The ours, therefore nexactngerbuton or the wronged society, should dec the punishment to potential or actual terongdoers since criminal lw e dete 2alnseaets or omissions which the foley does not approve. Consistent seth hie ‘eoryisthemalaprohbitaprncplewhich punishes an offense regardless of malice or Equipose Rule ‘Where the erdence ns criminal cae evenly Salieed, te constitutional. presumption of Innocenti the seslesin favre the sccse Under ths ru, where the evidence om aniseoe offcteinequpoise or there is doubton which Side the evidence preponderates, the party having the burden of pro ioses. The equipase fue nds appention 1 the ineupstory Fact tnd creumstances are capable of hwo ar mare explanations, ane af which s consistent wih the innocence of the accused and the ther onsite with his gilt for then the evidence oes not al the tes of mora certainty, nd foes nat suice to produce a conviction (aria Tinvs People Git Na. 12610, August 10,2007) Legal basis for infietng ps ishinent ‘The power to punish violators of criminal nw ‘coms within te plc power of the State es {he injury tocted tothe public which ‘riminal action seeks to recess, and nt the ‘njry fo thetnaivigua. Sources of eriminl or penal laws 2 ‘The Revised Penal Code (RPC) (Act No. 3815) andits amendments; Special penal iaws passed by the Philippine Commission, Philippine Arzembly Philippine Lagislture, Nena! Assen, the Gatasang Pambansa, and Cangress of {he Paiipines Penal Presidential Decrees issued during Maral Law by President Mares: and Penal Execitive Orders lesued"doring President Corazon Aguno's tem. Derisions of the Supreme Court of the Codigo Penal of Spain Various penal odinaces passed by focal legislative bodes NOTE: There are no cominon law crimes inthe Philippines (Reyes, 2017), a2 embodied inthe Inte maki atl rimen, nla poe sine ge Uvivensity or SanTo Tomas Facuity of CivtL LAW CRIMINAL LAW, Limitations on the power of Congress to ‘enact penal laws (Arle Il, See 22, 1987 Constitution) 1, Rxpost Facto Law-The Congresscannot make anerpostfot law Arie, ec 22,1987 Constitution Ths imitation prohibit the passage of retroactive ws ‘which are pejudal co the acused 2 Te Congresecannat make allot atalnder (rt See 22,1987 ‘Contivtion This ination requires that ‘rimial laws mustbe of general pplication and mst clearly define the ‘aatsand omisions punished as extmes, Basic maxims in eriminal aw 1 Nullam crfmen, nulla poena sine lege (There fenaevtme when there Iso aw Punishing the same] ~ No matter how wrong evr bad dacs theres Taw deinng the. act the same i= not fosidered atime. 2. Actus non face reum, nish mens sit rea fhe ace cannot be criminal where the md [Snot eominl) = This tue toa Felony ‘haracteried by dao (deel, but not to Felony esuting rom culpe Goa). 8. Doctrine of Pro Reo ~ Whenever 3 peal thw feta be consted ar applied and the law admits of to feterprettons, one lenient the offender snd one stuiet othe fender, that interpretation which is lenient or fvorablet the ofender wil be siopted 44, ets ne invito cts nom eet meus actus {an at dane by me agains my wl snot hhy act) Whenever person funder = Compuison of iressble force or {tncantrollable fart do an at sans is ln whi that et produces a crime oF bens, sch person Is exempted in ny imi aby arising rom said ac Doctrine of Pro Reo in relation to Article 48 (Penalty foreompexrtnes of te RPC (BAR 2x0}, Following te Doctrine of Pro eo, crnes under [ar AB of the RPC ae completed and punish ‘with a single penalty (hat presrbe forthe Tnost seriou erime and toe impesed in its Borovseciean vores maximum priod)-The rationale being, hat the eesed who comts two crimes with singe Criminal impulse demonstrates ser perversity than whenthe crimes te commited By diferent ace sand several criminal esotions (Pople Comadre Gi No. 15355, June, 2005. crime ‘crime isthe generic term sed to refer to 3 ‘wrongdoing punished ether under the RPC oF under spect aw Classifications oferime 1 As to the manner or mode of execution (ne are 3) Solo or lanes committed. with deliberate cent ‘Calpe or tose commited by means of fault 2. Astothe stage of execution (RPC. Art.6) “consummated D. Frustrates 3. Astagravig (RPGare 9) 0 ighetaonte Less gravefeonis © GrsveFsioniee 4 Artonature 3 Malainse Mate profs 5 Astocoune 3 Compound 1. Composite or special complex ©. Complex under At 4B. the RPC continued Continuing 6 Astadtviion 2 formal felonies — chose which are always consummated (eg. physica Injures by Material floes ~ those whic have ous stages of ecco, Those which donot admit of the Frustrtedstage (eg rape and the) Special law Ie iga peal aw whic punishes acts not efned. tnd penalized by the RPC They are states BOOK|I-FeLonies enacted by the legisiaive branch, penal in ‘harstr, tare not amendments the RPC DE ao EO Mata in se vissis. male prohiite (BAR 1999, 2001,2003,2005,2010,2017). Astothelr ‘oncepis a Suflenttiae be criminal | the Intent. | prohibited act ___| ras dons, Wieonairom | Wrong Asvery | merely meus | Beemsettis prohibited by ‘minal | Criminal governs. | necessary. | Generally | Generally punished | tnvaves' tinder sation of thenPc. | speciallaws viaatons of Spectatiaws tremakr prohibie Even tthe punished Cinders Drnised is fone whichis Inereny ‘wrong the natu inse, therafore, 00d ath She lack ‘ferininal etenses Unless they products of ‘imina neglenesor igrsng | Sach Sggrwvating_ | rarenoe Creumstance | appreciated Sire ules he Spprecated | spect aw imimposing | hasadopted the peas, | the scheme ssleof penates tinder the Re. (a) Good | (a) Good ‘ath fathor (by taekor | (b) ek ot rind | erninal tegat | valid ‘fete legel | negligence | defenses; tempi arevalid | itis enough mT senses. | that he praibition Voluntary volte Tabityis | natty s incurred | generay fevenwhen | Incurred only thecrimets | whenthe attemptod or | crimes frustrated. | consummate é Peay | tepeahy Eompeteton | ofthe the basisof | offender is twhetherbets | thesamess 2 principal | theyare al tftenden or | deemad rmereiyan. | principale scompice tr aceerory. NOTE: The crime of téchnical malersation, punished under AP.220 ofthe RPC was held bet ere tat i mlm prabiam The le punishes the act af diverting public propery rated by nw or ordinance or 3 prtelsr Dube purpore for another pale papers The Drohioted et isnot inbeenty samara, Universiny oF Sawro Tomas Facutry ov civit Law CRIMINAL LAW. becomes a criminal ffense because postive | GR: Penallaws and those of publ securty and law forbids commission an considerations ot | saey shal be olgatary upon all who live or publle policy, order, and convenience. | sojourn in Philppine trary, subject tothe ‘Therefore goadfalthandlackoteriminalintent | prlaciles of Inteatioal law and to treaty Stenotvaliddefenes(Yktorow People,GR. Wo. | stipulations. (Aracle 14, Chi! Cade of the 192350, November 14, 2012) (BAR 2015) Ptppins) (BAR 2038) Violations. of special laws which are xPNs considered mala nse A. Treaty supulaons and tateratonal agreements, eg, RPUS Viting Fores ‘he following examples of violations under decor sel penal laws ae conldered mab: 1 Laws of Preferential Appeation, eg. RA'7S penalizes acs which would 4. Piracy in Phiippine waters (2 No. 532) Impair the proper observance by the 2. Brigandage nthe highways (PD No.532) Republic and ts inhabitants of the 5. Plunder (RA 7080), Immunities, rights and privileges of dulyaceredted foreign” diplomat NOTE: when the special laws require that the reprotentatves inthe. Phllpines Punished act be committed knowingly and (anzors) telly, cimina intent is reqived to Be «The principles of publ intentions ‘proved before ernal bly may aise, lw 44 Members ofthe Congresare nt lable Effect on the mature of the crime when foribel or sande n connection with covered by special law and it uses the any speech dlveredon theo ofthe ‘nomenclature of penaltiesin the RPC house during regular or special ‘sion (1987 Constation, Ar, See ‘ven if a special aw uses the nomenclature of penalties under the RPG, that alone wil not Public vessels of forega fiendly fake theactor omsson crime mala inceThe power ‘apply 95 supplementary to the special 1 Inthe Philippines withtsconsat (People v Simon GR. No 93028, uty 29, 1994}. Examples: 1 Sovereigns and other Chiefs of When the lw is lear and unambiguous, there Stes. 1s mo room far iterpretatian but ely forthe Ambassadors, inisers, application of the law. However if her Is Plenipotentiary, ministers ambigulty Fesident and chrgesd' fares, 1. Penal laws are steely construed against, NOTE: Only the heads ofthe diplomat the State and liberally In favor of the Imssions, as well a5 members of the secured flplonatie sa excluding the 2, Inthe interpretation ofthe provisions ofthe ‘members of administrative, technical PC he Spanish st contol, od sevice stall are accorded Aplomatierane ane PENAL CODE ‘A consul is not entitled to the fedogee sad ions 22 Inbesidor ominier (GENERALITY, TERRITORIALITY AND ROSPECTIVITY Consus, viceconsl, and other “Three cardinal features oF main tation are NOT diplomat offers Characteristics of Philippine criminal 1a Conssaresubjectothe penal laws of (Gar 198) the country where they are signed (Mtinuher CA. GR No. 142596, 1. Genero February 11,2003). Mruisconewsers 4 BOOK I- FELoNies 2. Tertoraly are punished In acordance with he aw in ‘GR: The penal laws of she county have Toree at the tine of ther commission. force and effect only within its teritoy. GGopt 2013) (aR 1993) NOTE: Lex Prospict Non Repictmeans the XPNs Are 2 ofthe RPC (BAR-2000) Jaw lok forwards never backar 11 Should commie snd ofense while on 3 son ual toed ta , Philippine sip or arship (act of PM: Penal Laws shall havea retroactive registration inthe Pilppines) fet insofar a5 they favor the persons 2, Shouldforgeoreauncerfetany coin or lly of felony, altoughat theme ote furency “nate ofthe. Palipine Publications eatin sentences Islands or obligations and scores ben pronounced and the convicts serving lesved by ‘the Government of the thesame (BPG Are 22) Philppine lands (Art 163 8 166) 4% Should be lable for aes connected XPNS tothe XPN: The new lw cannot be withthe tnvoduetion into these ven retroactive eet even i Taverae Islands of the obligations "and theaccused ‘ecrtes mentioned nthe preceding ramber 8, When the new ln is expressly made 4. While being public offcers or Inapplicable to pending” aetons- oF terployes should commit an afense fnsting causes of actions (Tavera Inthexareise of ther functions: or Vaden Me 922 November 1902) Should commit any of the crimes 1 When’ the slfender Isa habitual fgsnet atonal seurty andthe aww dengue as defined in Rae 5 in Ar ‘Fatons (re L123}, S51 RPC(RPC, Are 2), Extrateritoriality Irmeans the law il havespplicaonsven outede the tertria aredicon ofthe sata (oupn 2013), Xcwett Ninoy Aquino Interaona | Fesnesreactsoronisions pny be Alport (NAIA) Pasay. Clty and Doarded an alship of the Philippine) yore: iets not punlsed under the RPC Airlines destined for the U.S. Ae the sirship. passes the Pacific Ocean, X lulled "a fellow passenger. Which court cin try the case of murder committed by X, ts ie the Philippine Courtsorthetss: Courts? falled a offense, ‘nactrforstoany boy movementtendingto produce some effect in the external world it Bring unnecessary that the same be actually produced 3th posi of reduction i Euitene (Reyes 2012) Answer: The Pijpine Courts. Art. 2 of [REC provides that ts provisions shall be Applied to those who “shold commit an tense while ena Philippine ship oF eee ae eta ‘mission as contemplated in criminal law |v omission contemplated in criminal lave ‘ean ination the aro peor positive uty which onelsboundto da. There must bea law reguiring the doing 9” petormance of 3 Sty. eyes 2077) Prospectsty/trretrospectiviy wl be scrutinized In accordance with the Felevant penal laws these are commited Mtr te effectivy of those penal es. Examples: Misprison of weason, aur of an ‘the law enforced at the time ot ere | see0untbIe oer to render accounts onvssion of eran crime should be applied. Avile 366 provides that vies Element of felonies (HAR 2015) University oF Santo Tomas 1. Anactor omission 2. Punishableby the Revise Penal Code; ‘3 Theactis performed or the omission incurred bby mean of decet or ful (Pople Conzates, (GR Ho. 80762, March 18,1990). Kinds of felonies CRIMINAL LAW. 1. Intentional felontes (Dol) ~ cmnstted twit deliberate Intent cause iy 2 rather (with mallee} 2 Culpable felonies (Culpa) ~ where the Serongfl ete result from impridence, religence, lack of foresight or ak of ski (urintensonal without malice) Intentional felony vie-dvis Negligent felony (Gan 1999, 2001, 2008, 2005, 2010) a aay co Bnmana, ue sane ct ea fotte Necag—finpradece thewrong aed Som a any of he fllowing requisites absent, here ‘sno dal, Requisiter of doo 1 Criminal intents ra) ~ the purpose {o use a pareular means to eect such result Intent to commit ah at with malice being pula mental process. s presumed from the prea! of commission of a Anish ace A mona state, hence, ‘cstncets shown by overt at NOTE: ifthereisNOcriminaintent, the act I Justied. Offender incurs NO criminal abit. Be scoveewwores 2, Freedom of action ~ vlustariness on the ar of the person to comm the act of NOTE: If there is lack of freedom, the offender is rem om bly. 3. Imegence ~ means the capacity to know find understand. the consequences. and morality f human acts NOTE: there is lac of inteigens, the ‘fender is xompe rom iby. Requisites of culpa 1 Criminal neppence on the part of the lender, thats the crime was the resulof heglgence reckless inpradenc, lack of Foresight rack of sl 2 Freadom of ection on the part of the lender, that ihe was noe acting under Auress'and Iteligence onthe port ofthe offender in erorming the negligent act. Negligence Deficency in pareption or lack af foresight oF Fare to pay proper attention snd to use de “ligence in foresceng injury oF damage tobe ‘uted Imprudence Deficieny in ation ore af silo ata to take necesary precution to avoid Injury fo ‘nother. Negligence vis-vis impradence Dele facion[Deitency of perception [Chekofforsgt [Lacks Crimes which cannot be commited through ‘culpa (negligence or impradence) 1. Murder 2 Treneon 3 Robbery 4 Maicous michit Mens 0a BOOK I- FELONIES {eis the ciminal intent ore nnd In general {he definition a erininalofense volves not nly an actor omission and ie eonsequences bt aleo the accompanying mental sate of the stor. (Bneylopoedla Britannica) 1. In thet, the mens reais the taking of property Delong oo nother with latent togain 2 In faleeation, the mens reais the commission of forgery with Intent 0 3. In robbery, the mens rea i the aking of rope Belonging to another coupled with {heemployment of nimidation valence ‘pon persons or things, Refers tothe use of particular means to eet he desired result eis mental sat, the tvstnce of whichis demonstrated by the overt esa person Categories of ntentin criminal ae 1 General criminal intent ~ 1s presumed fromthe mere ding of wrongac (othe tus eu) This dena egue pe NOTE: tn felonies by means of dole, the thind element of vluntrinese Is general 2. Speeiiecrimnal intent Is wo presumed because tis a ingredient or element of 3 crime. must beallgedin the information nd tnt be established and proven BY intents required toprodute the crime such 35 in frstrated and attempted orice, robbery, and ets lstousnes. Presumption of criminal intent from the ‘commission ofan unis ace Criminal intent is always presumed wo exist, provided that thee Is proof ofthe commission fam unis ace NOTE: This presumption dacs not aise when ‘presumption can always be rebutted by proof of Feccaf intent (BAR 2038) ‘crime ay be committed without criminal Intent (BAR 1998) {crime may be commited without criminal ». ‘A negligent felony, wherein Intent is subrluted by nepigenceorimprudence ‘Amalum prfbicum Motive eis the moving power or force which impee a personto desired re Motive as determinant of eraninal ability (a 1999,2013), “GR: Motive isnot an element ofa crime and becomes immaterial in the deversinaton of criminal ay XPNs: Motive materia when “he ses rng about variant comes Eg. There is a need to determina whether dlreceassaute is present as In offenses bgunst person in authorty when he Sesultic commited wule not being i he performance of his dais The deci ofthe accused is doubtful rime is purely ereumstanti In ascertaining the tth berween two anogoniste theories or versions af the ang and Where there are no eyewitnesses to the frie and where suspicion I lly t all ‘pom a number of persons NOTE: Good futh is not 2 defense to the Moving power whch Purpose te foradefine result” [eflect such elt Tee NOT an essential] Generally, It is a element of acre [essential element of Hence, itneed NOT be| crime. proved Tor purposes of convicton| Importance of clasiying the felonies 2s to thelr severty| a7 CRIMINAL LAW ‘Ta determine ‘when ight felonies are punishable 1. Whether these felonies canbe complexed | GR: Light ones are punishable ony when ben (Are 48 RPC) they are consummated, 2. ‘The preseiption of the cme and the presripton of the penly fre 9 RFC): 42g. An attempt to conceal one's true name 8. Whether the acestory i buble (Are 16 under the 2 pan of Are 178 is not RPG} Punishable Also, an attempt to commit 4 Theduration othe subsidiary penaly fare ‘Alarms an Scandals (re 15, PC). 392), RPC 5. The duration of the detention in case of | RATIO: tt involves insignificant moral and Failure te post the bond to keep the peace | material Injures, iF not consummated, the (are's5} amd fvrong. done is so sight that a penalty Is 6. The proper penal far quastatfenses (Are | unnecessry [or the De Minis principle) 365, par 1, 8), PN: Article 7 provides that ight felonies are Classifiations of felonies according to their | punishable. in all stages. when commited vty esas persons or propery. 4 Grave- those towhich the watches the | NOTE: However, hi provision isnot aby aptal punishment or penates whieh in | sppiable any of their periods. are afi. in Accordance with Ark 25 of the RPC (RPC, | Bg. If the offender i ony an accomplice and ‘re par 3 Uoreare woormore mitigating circumstances ‘wthout any compensating aggravating, 2 Lessgrave those which thelaw punishes | creumstanee, the appropiate penalty wil be ‘with poner which in ther maximum | two dagres lower t must be noted thac the Period are correctional, inaceordance with | penay lower than arreto menor 6 publle ‘Are 25 ofthe RPC (Ar 3 por 2 RPC) ensue. Tore Is mo two depres lower than NOTE: The criminal can stil be ebabiltated! and hance con be the subject | Personsliable night felonies Gf probation and Aternatve Dispute Resolution insofar the lvl aspect is | Only the principals and thir accomplices are concerned, ‘nade ible for the commision of ip etnies, Accessories ae not ible forthe commission of 3. ght those iofractons of law forthe | lighfeonies (RPG Art 19) commision of which the peal of areto ‘menor orafinenotexeesing 000 pesos, | Crimes considered aslght felons Grboth, provided (RPC Are 9, par 3 ~ ar amended by RA Mo 10951, Auguse 29,2017). | 1. Sight physical jis (Ar. 266) 2, hate (are 309, pars? and, Factors to be considered in imposing a | 3, ARerationofboundary marke (Ar. 323) penalyfor felones punished under RPC ‘A. Malus meet (Art 328, par. 3 Ar. 329,par. 3 1. Stages of execution, 5. Intriguing Spins honor (Ar 368); and 2 The degree of parlipation: and Alun and Seana (Ar 155) 3. The prasence a stending circumstances. NOTE: Ione assets inthe eacape of another NOTE: For special penl laws, mast be | ho committed Alors and Scandals, e Is ot {xpress provided that the aforementioned | lable under RPC but may be lable under factors are tobe considered 138. Persons table for grave or less grave rere felonies Rec “The principals accomplices anc accesrories riminat iby (BAR 1997, 1999,2001, 2004, 2008) Bo orscovewsers 8 BOOK I—Fetonies ‘gal iyncrdy any pen ‘Comming felany although the wrongt fet done be diferent from thst which he Intended (290 £7 per 1): 2 Performing an act which would be an offense agalnst persons or property, were it fot for the inherent smposebliyot ts Accomplishment or on account af the employment of inadequate of effectual Ineans (RPCAr 4 por 2) Requisites ofthe Proximate Cause Doctrine (WG Art par 1). 1. That an ntentonal felony hasbeen commited: and 2, Thatihewrongdone wth aggrieved party ber the. dire natral and logical Eonsequence of the felony committed by the offender (US. Brobet GR No 4935, Derber 25 1903). ‘When consideredas the “alrct, natural and logical consequence” ofthefelonious act 1 Alow was cent cause of deaths 2. Blow acelorted death or 3 Blow was proximate cause of death (Reyes 2017) (Giman actto discipline his eit, the father ‘laims thatthe death of ls eld was not Intendedby him. Ishiscontenton correct? NO. Hetelabie under Ar. 4(1) ofthe RPC. In frderthata person may be criminal lable or 4 elon diferent fom that which he intended te commit fei indispensable (3) that felony was commited and (b) that the wrong dane to the aggrieved person beth dict conseuenee othe etme commited by tha perpetrator. In testing is aoe and ifiting por tm psc injure be comma felony. Ae 2 direct fangequence of the beating sfered by the hid be expt ts ern at fr he death of he son, bs thus cleae (Pople Sle, (GR No, 177218, October 3.2011, Causes which may producea result diffrent from thae which the ofender intended {Mistaken identity errorinpersonae)-The bffender inns he inury on be person but the harm fell on another In thie station the Intended victim wae not the sen of the xample: A. wanting toil B led ¢ Instead (BAR 2003, 2015) NOTE: ‘There are only ovo. persons Involved: the actual but unitended iti, tn the offendet, EFFECT: A. 49 of PC. Ie depends when the Intended crime andthe crime acy committed are punished with ‘iterent penalties (Rees 2017). punished with same penales no lle Gi Uf pune with diferent penalties, the lesser penalty shale impose ints maxim period (tbecomes a mitating circumstance) MPMI 49 pa 2 Mistake in Blow (aberratio fetus} person tireced te blow a an Intended siti, bat because of poor alm, that bw Ianded on Somebody else In aberrat ius, helntended ct and the actual vet are both st the Scene ofthe crime (A, shot at B, but because of lack of precision ht C instead). (BAR 1993, 1994, 1996, 1999, 2015) NOTE: There are three persons involved Thevoffendr the itera vet and he renal victin, EFFECT: there ae two res commie 1. Against the intended vit attempted stageof te tony 1 Agalnstibe aetna vietinthe consummated NOTE: tay giverisetoacomplexcrime under ‘arsine ents rom single at 4. injurious consequences are greater than iat intended” (practer"incentionem)-The Injury ion the intended victim burthereuling fmeequencelesngrven vr than what wae Intended. I i escent hat there 3 notable ‘spar between the means employed or he fet af the ollender andthe Tlony shied Fest ‘This means thatthe resulting felony cannot be foreseen from the aets of the offender. (8 without intent co kl stuck the victim a he track easing he vicinal dows and ith head on the pavement) Usivensiry oF Santo Tomas Facuity ov civit Law CRIMINAL LAW. EFFECT: Procter intentionem Is 4 mitigating particulary paragraph 3 Are 13. covered by ‘Thethre enumerated situations ate always te result ofan intentional felony or dla. These SStuatons’ "do nat arise out of criminal eglgence. _Aberratio lets isis Brot in personae pes ad rom ans direte te | sel bow acan | received the imended | Bow. but he victim ut_| was mistaen cotta [beesuseat_|foraatior poorain, | who wasnt thatbiow | Sthescene of toned on | Sherine Somebody aise The Therare otender, | elytwo the persons intended | present in Parties | weiss | ror Wellathe | personge-the | present | Seust | tua (or | aMatae | viecm)and Scenearhe | theefender | NOTE: Erorn Personae and Abert lets are NOT valid defenses under the "Transfer Intent” loci: the aw transersthe criminaintento the etal vi. (A and B went on a drinking spree. While hoy were “drinking, they bad some Argument so A stabbed 8 several times 4° Alefense is hat head no intention of Kling iis frtend and that he did not Intend to ‘commits gravea wrong a that commited. [spraeterintenionem properly ivaked? Av NO, procter intentonemis improperly Invoked becasertsony milgatigifthereisa hotable spat betweenthemeans employed hd the resulting felony. The fact that several wounds were infictet on 8 iskarly compatible tithe ies that he didnot nnd commie So gravea wrongas thateormited HE Univensrry or sanro tomas 2019 GovorwNores 10 Mistake of fact Mistake of facts the misapprehension of facts fom the part ofthe person who caused injury 0 Ssnother, He is ot however criminally habe, boca edd nat ac with criminal intent Ie rnecesary that had thefts bee tre 3 the Dccured bleed them to be, the ati juste Moreover, the olender must belee that hes performing lawful act. fn honest mistake of fact destroys. the Spon the commission afafelaniou act NOTE: Mistake of fact is a defense only in {ntentional eames. Requisite of mistake of fact 1. That ee st done wauld ve been Lf had he fact bun as the accused eleved them abe 2 That the Intention of the aceused in Perforning the acts wf and a. Thatthe mistae must be without fal «arelessnesson the prt ofthe accused An Chong was afrald of bad elements 50 She evening before golng fo bee lacked ise in hs room an placed’ chair aginst the door Ate golngto bed, ho was Swakened by someone who was tying pen the door. Hecaledout Whos there? Enice bit received no answer He then sd, “ityouenterderoom, {wil kilyou" At that moment, he war struc by” the char Beving he was being attacked, he took 3 latch knife and stabbed the inter ho turned out to he hs roommate, Is he slninally able? [ALNO, There was mistake of fact. Had the fats beans lh Chong believed them tobe, be would have been usted inkling the ineider under Ariel L,paragraph 1: seledefense US.» Ah Chong Gi Na 3272 March 19,1910) Proximate cause Sequence unbroken by an efitentinervening, Eause, produces the injury, and without which the remule would not ave cccured (Vda, De lseatony Madina, GR No 10126 Oetaber22, 1957, 102 Pi a), BOOK!I-FeLonies Asarule the offeneriseriminally lable frall, ‘he consequences of is elonious act although ot Intended, if the felonious act 1s the proximate csure ofthe felony Requists of proximate cause 1 Thecliree natural and legal case: 2. Produces thesnjury or damage 4 Unbroken by" any elienttervening, faureand 4 Without whieh the result woul nat have cecured Difference between proximate cause and Immediate cause Immediate cause may be 3 cause which sar tnd remete from the consequence Which sets {nto tmain other causes that resulted In the (ln Proxtmate couse does not require that he fender neds to actaly ouch the ody othe ‘ended party. Is enough that the offender generated the mindof the offended party the Sei hat made him ric imsel Ifa man erates in another person's mind an ‘mata sense of danger, which causes such [iter ures hime the man who creter such 4 sate of mind i esponste for the resulting Injuries (People. Ting, GWE L-27097Jomury 17.1975, Example Xai ¥ are row members of cargo ves ‘hey hada hosed argument X with igi In and threatened to ill Y. The victim, believing himeel to be in immediate peri threw Risa Into the water, Y died of “drowning. In ths ease, Xs Hable for homicide fortieth of ven if ther causes cooperated in producing the fatal result as long asthe wound nce s dangerous, that Ig eaeulated to destey or endanger ie, te actors able Ie is important that there be no efficient imerening cus Instances when the felony commited Is not the prosimate cause ofthe resulting inry “The felony commised 1 not te proximate Caice ofthe resting infry wher 1, These is an efficent fntervening cause between the felony committed and the 2 Resulting inury or damage i due tothe Intentonal ack fhe vet Eficlentintervening cause Ie Is an intervening active force which t 3 ficinet ato face solute Foreign rom the Cruz and Vilacorta were regular fustomers at Blendea'sstoe.Ataround tO ‘veloc in the morning of January 23, 2002, While Cruz was buying bread at Mendefa's ore, Villacorta sddenly appeared and, ‘without tteringasrord stabbed Cruzon the Tet side of Cruz's body using a sharpened bamboo" tlek When Villacrts Med, Mendefa chased Vilacorta but aed to catch him. When Mendeja returned to her Store, he saw Aron removing the broken bamboo sie. from Cru’ body. Mendejs and Aron then brought Cruz to Tondo Medical Center snd was treated. as an ‘patent Cras later broughtto the san Uusro. Hospital on February 14,2002, where he died the follwing day’ of tetanus Infection secondary to stab wound, What ‘heproximate cause forthe death af Crux? ‘A The proximate cause of Cruz's death i the Tetanus infection, and not the stab, wound There ha been an intarval 22 days becween thodate ofthe abhi nd the date when Cou tras cured to Sam Lazaro Hospital, exhibiting Symptoms of severe tetanus infection If Cuz cgured severe tetanus lnfeton from the SKabbing, then the symptoms would have Appentea lot sooner than 22 days ater. Cree’ tab wound was merely the remotecause, and ins subsequent Infection with tetanus might have been the proximate cause of Crus death. The lection of Cr's sab wound by tetanus was a efcent intervening cae ter for between the tine Cus was stubbed to he ‘ine of his death (People w Vlora, GR. No. 196812 September 7.2011) Q:Aand Bhada quarrel and started hacking tach other, B was wounded at the back Cooler heads intervened. and’ they were separated. Somehow, therdfferences were patched up. A agreed to shoulder all the CRIMINAL LAW, expenses forthe treatment ofthe wound af Band to pay him his ost income. B, om the other hand signed a forgiveness in favor of ‘A-and on that condition, he withdrew the ‘complaint that he fled inst A Alter #0 ‘many woeks of treatment in a eline, the doctor pronounced the wound ready Ihealed, Thereafter, 8 went back to his farm ‘Two months later, B came home chilling Before midnight, he died out of tetanus poisoning. The heirs of B fled a case af Homide against. Ts Allable? NNO. Taking Snto account the incubation period of tetanus bacteria, medial evidence tere presented tht tetas bacteria fs good ny orto weeks. That i, indeed, the vet ad incurred tetas ifecton aut ofthe wound Inflicted by 4 he would not have lasted two ‘months. What brought about tetanus to infect the body of as warn his farm sing hisbare hands, Because of ths the SCrule that theactofSafworkinginhs farm wherethe sail Is thy, using his wn hands, an efficent Supervening cause which relives Aaf any Tabi forthe death of B.A, iat als only lable Tor physi Injresaflted spon (Urbano AG GR Na. 72968, January 7, 1988, Inficlent intervening causes 1 2 a 5 ‘The weak physi eondition ofthe ven The nervousness ot temperament of the Causes hich are inerent inthe vic, sch asthe victinsinsblty ose Refusal ofthe injured party tobe subjected to medical attendance Erroneous or nskilfil medical reatment NOTE: Although the _ above-mentioned fireumstances may have interened in the omission of the crime the offender fs sll Table for the resulting crime bocauso the Drowimate cause his ace remaine and these ‘Sreunstances are inefclet, Death Is prosumed to be the natural consequence of pica injuries inficted ‘The death of the vit i presumed t be the natural consequence of the pie! ines inflicted, when the following ate are ‘tablabed Univensity oF Santo Tomas 2 Injuries were inficed was fo normal eth 2, That death may be expected from the ysl nares inetd 2, Thatdeith ensued within a reasonable ro eons Requistes of an impossible crime (DAR 2003, 2004, 2009, 2011, 2015) 1. Act performed would bean offense gaint persons or property (se list of crimes Ader Tile@ and Tile 10 ok 2 RPC) ‘etwas de with ev ite ‘compliment Is Iherenty ‘mpossbte formeans employed setter inadequate or Ineteeul: and 4. Ae performed. should not constite a lolaton af nother provision of RPC NOTE: The offender must Ballve that he can Stabbing another who he knew was alendy ‘dead cannot be labeforanipossle crime. ‘idnapping Bssence ofan impossible crime ‘The essence of an impossible crime is the Inherent impossibility of accomplishing he Crineorthelnerentimpasiblty ofthe means employed to bring about the crime Inherent impossibility ‘Thatunder any andl drcumstanees, the crime ul ot have materialized, Kinds of inherent impossibility 1, Legal impossiii occurs where the Intended aes, even completed woud ot mount to 2 ere, (Eg ling 3 dead person) 2, Physical impossiitiy~ cars where fxtrancoussreumstaneesunknoir the fccused prevented the consummation of the intended enme (a: pck pocketing 25 ‘empey wallet) ‘Employment of inadequate means BOOK I-FeLonies eis the use of means whose quality or quantity Isinsuicent to produce the intended felon. NOTE: The diference between atempted/nutated crime and impossible ‘rimets Ut inatempted/trustatederimethe teans ave sficent and sdoqate but the Intended crime was not produced, Employment ofnffectual means ‘The means employed cannot in any way produce the intunded erie. Eg polsonlng 2 person wih sugar, Penalty imposed on impossible crimes ‘The penly imposed shall be that of eres ‘Reason for penalizing impossibie crimes ‘Ta tach the offender a lesson because of his riminal perversity. altnough objectively, m0 ime Is committed, but subjectively, he is 3 ‘riminal. [NOTE: tes principle of ermina a hat he fender wil only be penalized for Iimpossibte crime If he cannot be pished imposible crimeisa crime oflst esr. (Qe Four cups alarmed with rears and ‘with Intent to ill went to the Intended ‘lctin's house and afer having pinpointed the later's bedroom, all four red at and ‘ded said room with bullets, chinking that the intended viet was already there ae it ‘was about 10:00 Jn the ‘evening. Ie x0 Insppened that the intended victim di not hher bedroom” at that time. War It an Impossibiecrime or attempted murder? ‘a The SC be thatthe eulpots are Hable ony forthe soaled impossible erie. The actual uation im this case presents 2 plysial inpossbiy whieh rendered the Intended Crime inpersible of accomplishment. Under ‘Aro of he RPC, sch sucient to make he fact an impossible crime (Intod vA GR. No. 103119, tober 21, 1982) Here howove, thet {etsconsate malicious mizchiet. Aa collector of Mega Foam fale to remit to the company a check which was given to heras payment fora merchandise, she ried Usiversiry oF Saro Tomas to deposit the check, but he found out that the check bounced. What crime was commited? ‘A: The crime commited isan Impossible crime ‘fthete The er ten cannot be denied the ‘ere ae of unntly talng te cece ean ‘or Megs Foam sowed her tent gain or be ‘injuty enriched. Were not for the fact hat ‘heehee baunced, she would havereclved he face value thereof which was not rightly hers Thereforg, Ie was ony due t0- the fetraneous circumstance ofthe check Being ‘ifnded face unknown to the accused tthe time, that prevented the crime from being reduced. The thing unlawfully taken by the ceused curmed out fo be abeohitely worthless, because the check we evenly Gehonored. Mega Foamadveceived the cosh replace the vale of ald dshonored check Uocine People, GR. No 162540, Ju 203), (Qs Bucy always resented his classmate, un. ‘ne day, Buddy planned tl Jun by mixing poison in his neh. Not knowing where he an get poison, he approached another Cdassmate Jerry to wham he disclosed is vi plan Bovause he himnsell harbored ‘Fesentment towards Jun, Jerry gave Buddy 2 potson, which Buddy placed on Jun's foo. weve, un dh not die because unknown to both Buddy and Jerry. the poison was sctually powdered mile’ What crime oF ‘mes, any, dd Jerry and Buddy commit {(@4n 1988, 2000, 2008, 2004, 2009) ‘A: Jenry and Buddy ae able fr the so-called “nmpossibleerime because. wth intent to kl ‘hay tied to polson Jun and ths perpetrate murder, x crm against persons. Jum was not ouoned only Beeruse the would-be killers ‘rere amore that wht hey ed hs he ‘ood oun was powdered ‘ilo poison Criminal ability inerredboy ‘hem although ne crime resued, becuse tele rear eying olson jun ermina, Inmpossble crime a formal rime By ts very nature, a imposible crime ir 2 formal crime I ether consummated or not onsimmated at ll. There is therefore no Stermpedorfrusratedimposiblecime (BAR 3005) Impossible crime vs--visUnconsummated Felonies (atempted or frustrated felony) Facuery or chvtt Law FELONIES Intens nat accomplished, | Tnten ofthe siflender hs possibly of accomplishment Treen ofthe offender | ‘annotbe | accomplished ‘ecomplishment i proven bythe intervention of sceldentin hich the olender had ao a. Intent cannot be accomplished Tecnu te Tnherenly | impossie to sccomplish or because themeans. | tmployee by the | fenders Inadoquate o inet Stages in commiting scrim 41. Internat Aets- mer ideas nthe mina of 2 person, not punishable even if had they Bean cared they wold eonsstate = 2. ternal Acts ~ iacide (3) preparatory sets and (b) acts of execution 1 Preparatory acts-those that do not haves dest connection withthe ere shih he offender intends to commit punishable re ordinary not PN: When expressy provided for or when they fre conaldered in themselves as Independent crimes (eg, Possession of pcklocks under Art 306, which a preparatory act the ommission of abbery under ARS. 299 St 302). b, Acts of execution-punishable under the Revised Pel Cade Stagesofacts of execution 2 Frustrated (aR 1992, 1994, 2009) 3 Acemped Purpose ofthe elassieationoffeonies Bo roivencvex vores CRIMINAL LAW, To bring sbout = proportionate penalty and equitable punishent [NOTE-The penatiesaregraduatedacconingto thelr degre of severity. The stages may not apply to al kinds of flnies There ae floes tinch do nt adm dson Phases of felony 1. Subjective phase = that_ portion of txacition of the crime stating From the Point where the oflendr bins wp to hat Point whore he stil at contro ever bis Sets Ifthe subjective phase as not yet assed, the felony would. be a mere ‘tempt it already passed but the felony isnot produced, a rule, itis frustrated. (eves: 2017) NOTE: It reaches the pont where he hat omote contol verhisacs thesubjectve phase has passe, 2 Objective phase — the offender has performed unt thelastactand isnolonger consummated felony | felony is consummated when al the acts necesat or teaecomplshmentand exzeution re preven (HPC, Ar0 8), Frustrated felony A felony 15 feusrated when the offender Derr all th es of execution which would rode the felony as. resu, but which fevertheless do not produce it by reason of fnuees independent’ of the wil af the Derperstor (PG Ar). (Q:X stabbed ¥ in the abdomen, penetrating {he liver and chest of. was rushed tothe hospital and was given immediate metal treatment. Is X lable for consummated homllde? ‘1: Ho breathe pomp mil treatment meeued by he ofcned pany saved Bs Mids ene Na 11917875, pi ate &¢ Visian wont to nearby viene ba to Say caret Once sie the bar be war abe by Ole, Arie and Poeun on Serene pars of Ris uy, When Vistar tie ruched othe hosp ew rested BOOK I—FELonies and the doctor testified that ll he injuries Suffered by Vilostas were fatal and would ‘cause his death were fe not for the timely Imedical attention given to him. fs Oaree, Aro, and. Parquin gully of Frustrated Homicide? ‘A: Yes. Al he elements of fasted homicide fare presents Fst, their intent to ils ‘manlested by the weapon sed sthich i 3 polite. sharp object. Second, the vito, fered numerousatal wounds, buthe di nt Aiodue othe timely modeatassstancegiven © him. Third none ofthe qualifying circumstances Formurders present A, 2 doctor, concsived the ides of killing Ils wifeBandto carry outhisplan,hemised arsenic withthe soup of. Soon after akin {hepolsonous ood, suddenly hada change of heart and washed ow the stomach of BA sso gave B an aildote. Is A Hable for frustrated parricide? ‘As NO, the cause which prevented. the Independent ofthe will ofthe perpetrator. It fannot be considered. attempted. parrcde because A lend) performed all” acs of cation. Atan only be Tale for psc tnt Qi Jessie Leyblevas waylaldand shot with fa firearm by the group of Een tino etal TINO onlyfreda single shots close rang, but did not hit any vital part the vets body. The victin’s wounds, based on his Medica Crtifeate, were located at the right ‘eltoi through and through, andthe eft Fight aftr the shooting. Ie appears that he {Si not sustain ay fatal injury’ a9 result of ihe shooting, considering that he and his ‘companions’ even went in. pursit of Pettoner after the incident. RTC found petitioner guilty beyond reasonable doubt ‘fthe crime of frustrated homicide to which the Chaffirmed ‘Ie cannot be reasonably conchuded that, Pesitonersuse fares sufiient poo! {hat be had incended tol the vei, afer al itis settled that "Intent to Kil cannot be utomatialy drawn rom thermore fee hate Use of firearms fs dangerous to le” Rater “animus intricendl must be established with the same degre of certainty a5 required of the ther elements ofthe cme. The inference 15 of intent to il should not be drawn fm the fhsence of creumetances sficent to prove Suchintent beyond inter to il i Le reasonable doubt When the ng bt wounds are shown tohavetcen inflicted upon the ictinn ais his is, the rime snot frustrated oF etempted amici but phystea inres ony. (Eo ve People, GR No 206632, Feb. 14,2010), Crimes without fu strated stage 1. Rape-thegravamen of heoffeselsearma knowledge hence te slightest penetration to the female Fetony ‘organ. consurimates the 2 Corruption of public ofeers ~ mere offer onrummater he cre 3. Physeal injury ~ consummated at the Instance the nj are inf eal congress, Adultery ~ the essence of the cvime Is 5. Theftheessenceofthe crime sthe aking ‘of papery belonging to another. Once the thing has been taken orinthe posession oF nother, hee 2019) Attempted felony imei consummated. (BAR ‘Tere is_an_ attempt when the offender byovere acts and dos ot perform all the ate af exeuton whieh should produce the Felony, by reason ofsome cause or aceldent other than ‘sown spontaneous desitance (RPC Ae) NOTE: The word Fequlrement cat th which te deety direct, emphasizes the we atempted felony i hat inked tthe overt act Perfrmedby theoTender notthofelony he has ror FELONY ‘Offender has not Ey complished his criminal ‘nly commenced ‘the commission of ‘imac direct by covers bt dd nt perormallthe acteafexection as performedall he ets of exeition The fender has not passed the subjective phase ‘The offender har reached the objective phase vertacte vive sity oF Santo Tomas Facuury or civst Law ¥ CRIMINAL LAW, Some physical activy or deed, indicating the Intention to commit 2 parser erie, more than mere planning or preparation, which if ‘arid ts complate termination Flowing its htral course, without eing frat by Sesstance ofthe perpetrator, wil lgially and necessarily ripen ntoaconereteofense Reyes, 2017), Indeterminate offense 1s where the purpose of che offender in performing an acts not ceva. ts nature and Felation to Is objective Is ambiguous (ees, 2017. A person enters the dvelling of another. However, at the very moment of is entry find before he could do anything, he was Already apprehended by the household ‘members, can he be charged with attempted robbery? ‘A: NO. The act of entering alone is not yet indietve of robbery although he may ave Planned t do so Instead, hema beheld able Fortrespassing © One night jugueta with his cohorts had fone to the residence ofthe victim where they violated his domietle by frst pulling off the sack that covers their ipa But where thy slept The vit pleaded to accused- Jugueta to stop but the later instead fred a ‘shot wherein the victim used is body to aver isfy, Jgeta stl ied valleys of ‘hots which landed fatally onthe body ofthe Alaughters ofthe victim. The two daughters fxpired upon arrival in the hospital 15 Jagetaliablefor double murderand multiple attempted murder? ‘A: YES. Nowwtthstanding the other crimes IUGUETA committe he is also lable Tor Imuliple attempted murder since the design at the crime ora to nesitralize the entire faruly Instead ofthe ewo daughters spell. They have commenced all th ate of executon but was ot able to push through du t reasons Unknown to them (People fugue, GR. Na 202124 Apr, 2015) Criteria involved in determining the stage (hether it bein attempted, frustrated ot onsummated rage) ofthe commission of Bo rscoveewwores 16 shabu 1, Themannerof commiting the crime; 2. Theelementsoftheerime and 4 Thematire ofthe crime tel, The eifrence between the attempted stage nd the frustrated stage es on whether the sffenderhas performed alte acts of execution For theaccompishmeatofa felony. Literally, under Article 6 f the fender has performed all the aciz of execution whieh {hnuld proc theflony st contequence but aeady inthe eustrated sage let ender has not yee perfrmlall the aes ‘of exciton ithe wae notable to perform all the acts of exsaitlon due to some cause oF fccdent ther chan Ms own spontaneous ‘esistanee, ten ie a attempted felony. NOTE: The SC held that In ease of ing ‘whether parce, homicide oF murder, che Uilingwilbe in the rtsted stage henry sisted te fatal, suflent to bring about

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