Criminal Law Notes

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Criminal-LAW- Notes
Criminal Law, Book 1 (Cavite State University)
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CRIMINAL LAW BOOK 1 REVIEWER
CRIMINAL LAW, DEFINED NULLUM CRIMEN NULLA POENA
 Criminal Law- that branch of public SINE LEGE

law which defines crimes treats of
their nature and provides for their  there is no crime if there is no law
punishment. punishing it.
DISTINCTIONS CHARACTERISTICS OF CRIMINAL LAW
 FELONY – punishable by the Revised  General- criminal law is binding on all

Penal Code persons who live or sojourn in the
 OFFENSE – punishable by Special Philippines, regardless of age, sex or
Penal Laws nationality.
 INFRACTIONS – punishable by city or  Territorial- criminal laws are
municipal ordinances applicable only if the crime is
committed within Philippine territory.
CRIME, DEFINED  Prospective- criminal law cannot
make an act punishable in a manner in
 An act committed or omitted in which it was not punishable when
violation of a public law forbidding or committed. See Art 366. (The law
commanding it. looks forward and not backwards)
DELICT and QUASI DELICT EXCEPTIONS TO THE GENERAL
CHARACTERISTICS
 Delict – a misdemeanor, an offense,
or simply CRIME. 1. As provided by treaty stipulations- RP-US
 Quasi delict – the fault or negligence VFA Agreements
of a person causing damage to 2. As provided by laws of preferential
another, and there is no pre existing applications- RA 75 grants protection to
contractual relation between the diplomatic representatives, ambassador or
parties (Article 2176 Civil Code). Also other public ministers of foreign countries
known as CULPA AQUILIANA. including their domestic servants authorized
and received by the President.
SOURCES OF CRIMINAL LAW
3. Persons who are exempt because of
1. Act 3815 known as the Revised Penal Code certain principles of international laws:
2. Special Penal Laws passed by Congress - Sovereigns and other heads of states
3. Presidential Decrees issued by President - Ambassadors minister plenipotentiaries,
Marcos minister residents and charges d’ affaires.
4. Codigo Penal De Espana (Spanish Penal
Code)
EXCEPTIONS TO THE TERRITORIAL
COMMON LAW CRIMES
CHARACTERISTICS
 the body of principles, usages and
rules of actions which do not result 1. When the offender shall commit an
from the express act of the legislature. offense on a Philippine ship or airship.
There is no such crime in the
Philippines.
DISCLAIMER: CONTENTS AND INFORMATION INCLUDED IN THIS
REVIEWER DO BELONG TO THE RIGHTFUL OWNER

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2. When the offender should forge or When there is doubt about the
counterfeit any coin or currency note of the meaning or application or interpretation of
Philippines or obligations and securities a penal law and the doubt admits of two
issued by the Philippine government. interpretations, one which is lenient to
the offender and the other one is favorable
3. When the offender should be liable for the to him, then the interpretation which is
acts connected with the introduction into the favorable to the accused should be applied.
Philippines of the obligations and securities
mentioned in number two. HISTORY OF THE RPC
4. When the offender who is a public officer •The Alleged Code of Calantiao of 1433
or employee abroad shall commit an offense •The old Penal Code which took effect until
in the exercise of his functions. December 31, 1931.
•Administrative Order 94 of the DOJ dated
5. When the offender should commit an
October 18, 1927
offense against the national securities and
•Anacleto Diaz, Quintin Paredes, Guilermo
the laws of nations.
Guevarra, Alex Reyes and Mariano De Joya
PROSPECTIVE CHARACTERISTICS •Revised Penal Code (ACT 3815)
•RPC approved December 8, 1930
•Also known as prospectivity •RPC took effect January 1, 1932
•Also known as irretrospectivity. THEORIES IN CRIMINAL LAW
•It means the law (as a general rule) does
not have retroactive effect. •Classical (Juristic) Theory- the basis of
EXCEPTION TO THE PROSPECTIVE criminal liability is human free will and the
CHARACTER: purpose of penalty is retribution. Man is a
moral creature with an absolute free will to
When the new law is favorable to the choose between good and evil. Here more
accused. stress is placed upon the result of the crime
than the criminal. There is scant regard for
EXCEPTION TO THE EXCEPTION the human element.
•When the offender is a habitual criminal. •Positivist (Realistic) Theory- Man is

subdued occasionally by a strange and
•When the new law expressly provides it has
morbid phenomenon which constrain him
no application or retroactive effect to
to do wrong. Crime is a social and natural
pending actions/cases.
phenomenon; it cannot be treated
CONSTRUCTION OF PENAL LAWS therefore by the application of abstract
principles of law or by the imposition of
•Penal laws are strictly construed against the punishment. The purpose of penalty is
state and liberally in favor of the accused reformation of accused. Offender is regarded
as a sick person who needs treatment.
•If there is a conflict between the Spanish
text and the English text, the Spanish text CLASSICAL THEORY
prevails
 The basis of criminal liability is human
PRO REO DOCTRINE free will and the purpose of penalty is
retribution.

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 Man is a moral creature with an - Ex Post Facto Law is a law that makes
absolute free will to choose between criminal an act done before the passage
good and evil. of the law and which was innocent when
 Here more stress is placed upon done, and punishes such an act; it may
the result of the crime than the also be defined as a law which aggravates
criminal. a crime, or makes it greater than it was,
 There is scant regard for the human when committed.
element
 No Bill of Attainder shall be
POSITIVIST THEORY passed.
 Man is subdued occasionally by a – A bill of attainder is a law which inflicts

strange and morbid phenomenon punishment without trial.
which constrain him to do wrong.
 Crime is a social and natural
phenomenon; WARNING: DATE OF EFFECTIVITY IS
 Crime cannot be treated therefore by DIFFERENT FROM DATE OF APPROVAL
the application of abstract principles of  Article 1. Time when Act takes effect-
law or by the imposition of JANUARY 1, 1932.
punishment.  Article 367. RPC approved on
•The purpose of penalty is reformation of December 8, 1930.
accused. FELONY
•Offender is regarded as a sick person who
Art. 3. Definitions. — Acts and omissions
needs treatment.
punishable by law are felonies (delitos).
RULES ON CRIMES COMMITTED ABOARD
Felonies are committed not only be means of
FOREIGN MERCHANT VESSEL WHILE WITHIN
deceit (dolo) but also by means of fault
PHILIPPINE WATERS
(culpa).
•English Rule- the crime is punishable in There is deceit when the act is performed
the Philippines, unless the crime merely with deliberate intent and there is fault when
affects things within the vessel. the wrongful act results from imprudence,
•French Rule- the crime is not triable in negligence, lack of foresight, or lack of skill.
the courts of that country (Philippines),
unless their commission unless their
commission has effects on the safety of the ELEMENTS OF FELONIES IN GENERAL:
coastal state.
LIMITATIONS ON THE POWERS OF CONGRESS  An act or omission

TO MAKE LAWS  Act or omission punishable by the RPC
 Act is performed or omission is
 No Ex Post Facto Law shall be incurred by means of dolo or culpa.
enacted.
Act- is any bodily movement tending to
produce some effects in the external world.

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Omission- inaction, the failure to perform an REQUISITES OF MISTAKE OF FACT

act one is bound to do.
 The act would have been lawful had
IMPRUDENCE VS. NEGLIGENCE the facts been as the accused believed
them to be.
 The intention of the accused in
 Imprudence involves lack of skill. performing the act should be lawful.
Negligence involves lack of foresight  That the mistake must be without fault
 Imprudence involves a deficiency of or carelessness on the part of the
action. Negligence indicates a accused.
deficiency of perception.
 Failure to make precaution is IGNORANTIA LEGIS NON EXCUSAT

imprudence. Failure to use diligence is
negligence.  Ignorantia legis non excusat
IGNORANCE OF THE LAW EXCUSES NO ONE

FROM COMPLIANCE THE COMPLIANCE
REQUISITES OF DOLO OR MALICE THEREWITH
(INTENTIONAL FELONIES) IGNORANTIA FACTI EXCUSAT
 Freedom of action  IGNORANCE OF FACTS EXCUSES
 Intelligence
 Intent Ignorantia Facti Excusat is a Latin legal
maxim that means ignorance of a fact is an
excuse. Any act done under a mistaken
MEN’S REA impression of a material fact is excused
 Criminal Intent (us.legal.com)
 The gravamen of a certain crime
Actus non facit reum nisi mens sit rea

REQUISITES OF FAULT OR CULPA (CULPABLE
FELONIES) - The act itself does not make a man
guilty unless his intention was so.
 Freedom of action
 Intelligence
 Imprudent, negligent, or lack of Actus me invito factus nonest meus actus
foresight or lack of skill
- An act done by me against my will is
MISTAKE OF FACT not my act.
 Is a misapprehension of fact on the CRIMES MALA IN SE vs. CRIMES MALA

part of the person who caused injury PROHIBITA
to another. He is not liable for absence
of criminal intent


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CRIMINAL LIABILITY
Art. 4. Criminal liability. — Criminal liability

shall be incurred:
1. By any person committing a felony (delito)

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
impossibility of its accomplishment or an
account of the employment of inadequate or
ineffectual means.
Article 4 (1) may refer to either:
 Error in personae- mistake in

identity of victim.
 Aberratio Ictus- mistake in blow.
 Praeter Intentionem- result done is
greater than that originally intended.
Rationale of Par. 1
MOTIVE and INTENT
El que es causa de la causa es causa del mal
Motive- the moving power which impels one causado.
to action for a definite result. Meaning: He who is the cause of the cause
Intent is the purpose to use a particular is the cause of the evil caused.
manes to effect such result. PROXIMATE CAUSE, DEFINED
NOTE”: Motive is not an element of a Proximate cause- is that cause which in the
crime and need not be proved. Intent is an
ordinary and continuous sequence, unbroken
element of a crime and must be proved. by any efficient intervening cause produces
CRIMINAL LIABILITY, DEFINED the injury.
EFFICIENT INTERVENING CAUSE

Criminal liability does not only mean the
obligation to serve the personal or Efficient intervening cause- are those that
imprisonment penalties but it also includes break the relation of cause and effect.
the liability to pay the fines or pecuniary
penalties. IMPOSSIBLE CRIME, DEFINED


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IMPOSSIBLE CRIMES- those crimes which accident other than his own spontaneous
would have been committed against person desistance.
or property were it not for the inherent
impossibility of its accomplishment or on OVERT ACT, DEFINED
account of the employment of inadequate or
It is some physical activity or deed more
ineffectual means. The purpose of the law in
than a mere planning or preparation, which if
punishing impossible crime is to suppress
carried out to its complete termination
criminal propensities or tendencies. The
following its natural course. Without being
penalty for impossible crime is arresto mayor
frustrated by external obstacles nor by the
or fine of P200-500 (Article 59).
voluntary desistance of the perpetrator, will
3 STAGES OF EXECUTION OF FELONIES logically and naturally ripen in a concrete
offense.
Art. 6. Consummated, frustrated, and
attempted felonies. — Consummated
felonies as well as those which are frustrated INDETERMINATE OFFENSE, DEFINED
and attempted, are punishable.
INDETERMINATE OFFENSE- It is one where
A felony is CONSUMATED when all the
the purpose of the offender in performing an
elements necessary for its execution and
act is not certain
accomplishment are present; and it is
FRUSTRATED when the offender performs FRUSTRATED FELONY REQUISITES
all the acts of execution which would produce
the felony as a consequence but which, 1. Offender performs all the acts of execution
nevertheless, do not produce it by reason of
2. Felony is not produced
causes independent of the will of the
perpetrator. 3. By reason of cause independent of the
will of the perpetrator
There is an ATTEMPTED when the offender
commences the commission of a felony Q: How to determine whether a crime is
directly or over acts, and does not perform attempted, frustrated or consummated?
all the acts of execution which should
produce the felony by reason of some cause • the elements present
or accident other than this own spontaneous • the nature of the offense
desistance. • the manner of the commission of the
crime.
ATTEMPTED FELONY REQUISITES
FORMAL CRIMES vs. MATERIAL CRIMES
1. Offender commences the commission of a
felony directly by overt acts • Formal crimes- are crimes consummated
in one instant. There is only one stage and
2. He does not perform all the acts of
that is consummated stage.
execution
• Material crimes have three stages of
3. He is not stopped by his own spontaneous execution, attempted, frustrated and
desistance 4. The non performance of the all consummated.
acts of execution was due to cause or


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SUBJECTIVE PHASE vs. OBJECTIVE PHASE OF • Mere conspiracy to commit a crime is not
THE CRIME punishable. • Reason: Conspiracy and
Proposal to Commit a Felony are punishable
• Subjective phase is that portion of the only in the cases in which the law specifically
acts constituting the crime, starting from the provides a penalty therefore.
point where the offender begins the
commission of the crime to the point where Cases where mere conspiracy is already
he still has control over his act and their punishable:
natural course.
• If between these two points the offender is 1. Conspiracy to commit treason (Art.115);
stopped by any cause outside of his own 2. Conspiracy to commit rebellion or
voluntary desistance, the subjective phase insurrection (Art. 136);
has not been passed and it is an attempt. If 3. Conspiracy to commit sedition (Art. 141);
he is not so stopped but continues until he 4. Conspiracy in restraint of trade or
performs the last act, it is frustrated, commerce (Art. 186)
provided the crime is not produced. This is 5. Conspiracy to commit terrorism under RA
the objective phase of the crime 9372
6. Conspiracy to commit arson under PD
Art. 7. When light felonies are 1613
punishable. — Light felonies are punishable
only when they have been consummated, Cases where mere proposal is already
with the exception of those committed punishable
against person or property.
1. Proposal to commit treason (Art. 115);
LIGHT FELONIES, DEFINED 2. Proposal to commit rebellion or
insurrection (Art. 136)
Light felonies are those infractions of law for 3. Proposal to commit coup d’ etat
the commission of which a penalty of arrest
menor or a fine not exceeding 200 pesos or RULE IN CONSPIRACY
both; is provided.
WHEN THERE IS CONSPIRACY BETWEEN OR
Art. 8. Conspiracy and proposal to AMONG THOSE WHO COMMITTED THE CRIME
commit felony. — Conspiracy and proposal THE ACT OF ONE IS THE ACT OF ALL.
to commit felony are punishable only in the
CLASSIFICATION OF FELONY ACCORDING TO
cases in which the law specially provides a
GRAVITY
penalty therefor.
A conspiracy exists when two or more Art. 9. Grave felonies, less grave
persons come to an agreement concerning felonies and light felonies. — Grave
the commission of a felony and decide to felonies are those to which the law attaches
commit it. the capital punishment or penalties which in
There is proposal when the person who has any of their periods are afflictive, in
decided to commit a felony proposes its accordance with Art. 25 of this Code.
execution to some other person or persons.
Less grave felonies are those which the law
punishes with penalties which in their
GENERAL RULE maximum period are correctional, in
accordance with the above-mentioned Art..

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Light felonies are those infractions of law for Article 34. Civil interdiction. - Civil
the commission of which a penalty of arrest interdiction shall deprive the offender during
menor or a fine not exceeding 200 pesos or the time of his sentence of:
both; is provided.
1. the rights of parental authority, or
PRINCIPAL PENALTIES 2. guardianship, either as to the person or
property of any ward,
1. Capital Punishment: 3. marital authority,
• Death 4. the right to manage his property,
5. the right to dispose of such property by
2. Afflictive Penalties
any act or any conveyance inter vivos.
• Reclusion perpetua- 20 yrs.+1 day to 40
yrs. Art. 10. Offenses not subject to the
• Reclusion temporal- 12 yrs.+1 day-20 yrs provisions of this Code. — Offenses which
• Perpetual or temporary absolute are or in the future may be punishable under
disqualification-6 yrs.+1 day to 12 yrs. special laws are not subject to the provisions
• Perpetual or temporary special of this Code. This Code shall be
disqualification- 6 yrs.+1 day to 12 yrs. supplementary to such laws, unless the latter
• Prision Mayor-6 yrs. + 1 day to 12 years should specially provide the contrary.
3. Correctional penalties SPECIAL LAW, DEFINED
• Prision correctional- 6 mos.+ 1 day to 6
yrs. Special Law- a law which defines and
• Arresto mayor-1 month + 1 day to 6 mos. punishes act not found in the RPC
• Suspension- 6 mos+1 day to 6 yrs.
• Destierro- 6 mos. +1 day to 6 years FIVE CIRCUMSTANCES AFFECTING CRIMINAL
LIABILITY
4. Light penalties
• Arresto menor- 1 day to 30 days 1. Justifying Circumstances
• Public censure 2. Exempting Circumstances
3. Mitigating Circumstances
ACCESORY PENALTIES 4. Aggravating Circumstances
5. Alternative Circumstances
• Perpetual or temporary absolute
disqualification
• Perpetual or temporary special JUSTIFYING CIRCUMSTANCES, DEFINED
disqualification
• Suspension from public office, the right to Those where the act of a person is said to
vote and be voted for be in accordance with the law, so that he in
• Civil Interdiction the eyes of the law is considered not to have
• Indemnification violated the law and is therefore free from
• Forfeiture or confiscation of instrument criminal and civil liabilities.
sand proceeds of the offense QUICK ENUMERATION OF JUSTIFYING
• Payment of cost CIRCUMSTANCES
1. Self defense
2. Defense of relatives

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3. Defense of strangers REQUISITES OF DEFENSE OF STRANGERS

4. Avoidance of greater evil
5. Fulfillment of duty 1. Unlawful aggression.
6. Obedience to order of superior
2. Reasonable necessity of the means
employed to prevent or repel it.
THREE REQUISITES OF SELF DEFENSE
3. The person defending be not induced by
1. Unlawful aggression. revenge, resentment, or other evil motive
3. Lack of sufficient provocation on the
part of the person defending himself.
REQUISITES OF AVOIDANCE OF GREATER

EVIL
1. That the evil sought to be avoided actually

exists;
2. That the injury feared be greater than that

REQUISITES OF DEFENSE OF RELATIVES
done to avoid it;
1. Unlawful aggression. 3. That there be no other practical and less
2. Reasonable necessity of the means harmful means of preventing it.
3. In case the Provocation was given by

the person attacked, that the one
making defense had no part therein.
REQUISITES OF FULFILMENT OF DUTY


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1. The accused acted in the performance of

duty or in the lawful exercise of a right or
office. PROVOCATION, DEFINED
2. The injury caused is the consequence of Provocation- any unjust or improper

the due performance] of duty or the lawful conduct on the part of the offended party
exercise of such right or office. capable of inciting or irritating any one.
DEFENSE OF RELATIVES REQUISITES
1. Unlawful aggression

employed to prevent or repel it
3. In case the provocation was given by the

person attacked, the one making the defense
had no part therein.
REQUISITES OF OBEDIENCE TO AN ORDER OF
SUPERIOR
RELATIVES BY AFFINITY vs. RELATIVES BY
1. A lawful order has been issued by a CONSANGUINITY
superior;
• Relatives by affinity are those created
2. The means used by the accused by marriage such as parents in law,
subordinate to carry out said order is lawful sons and daughters in law
• Relatives by consanguinity are

relatives by nature or by blood
UNLAWFUL AGGRESSION, DEFINED relations. Siblings are within the 2nd
civil degree, whereas uncle and niece
Unlawful aggression is assault or at least
or aunt and nephew are within the 3rd
threatened assault of an immediate and
civil degree, first cousins are within
imminent kind.
the 4th civil degree
RETREAT TO THE WALL vs. STAND GROUND
DISTINGUISH BETWEEN SELF DEFENSE,
WHEN IN THE RIGHT
DEFENSE OF RELATIVES AND DEFENSE
OF STRANGERS


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b. Acute Battering Incident-

characterized by brutality,
destructiveness and death.
c. Tranquil or loving phase- The batterer
shows loving caring nurture to the
victim.
d. All of the above
EXEMPTING CIRCUMSTANCES
SUMMARY OF LIABILITY
Exempting Circumstances- are those grounds
for exemption from punishment because
there is wanting/missing in the agent of the
crime any of the conditions which make the
act voluntary or negligent.
QUICK ENUMERATION OF EXEMPTING

CIRCUMSTANCES
1. Imbecility; Insanity (unless the latter acted

during a lucid interval)
2. A person under 9
3. A person over 9 and under 15 unless he
has acted with discernment.
4. Accident
BATTERED WOMAN SYNDROME 5. Uncontrollable fear
6. Lawful or insuperable cause.
Battered Wife - a woman who is repeatedly
subjected to any forceful physical or
psychological behavior by a man in order to
do something he wants her to do without
concern for her rights. It includes wives or
woman in any form of intimate relationship
with a man. The couple must go through the
battering cycle at least twice.
BOARD: What are the cycles of violence in

BWS?
ANSWER:
a. Tension Building Stage- where minor

battering occurs


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IMBECILE, DEFINED
A person advanced in age but has a mental

capacity equivalent to that of a child
between 2 to 7 years old, which makes him
exempted from criminal liability
INSANITY, DEFINED
One which exists when there is a complete

deprivation of intelligence in committing the
criminal act, that is the accused is deprived
of reason and acts without the least
discernment.
INSANITY AT THE TIME OF THE COMMISSION

OF THE CRIME vs. INSANITY AT THE TIME OF
TRIAL
• Insanity at time of commission of

crime = exempted.
• Sane at time of crime but became

insane at time of trial = liable still but
trial wil be suspended
DISCERNMENT, DEFINED
Discernment- the mental capacity of a

minor to distinguish between right from
wrong and to fully appreciate the
consequences of his felonious acts.
IRRESISTIBLE FORCE


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Irresistible force 4. Art. 20. Accessories exempted
- a force which produces such an 5. Art. 6 on spontaneous desistance

effect upon an individual that, in spite of all
resistance, it reduces him to a mere 6. Instigation – one which takes place when
instrument and as such incapable of a peace officer induces a person to commit a
committing a crime (as a result he is crime. Without the inducement, the crime
exempted from criminal liability). would not be committed. It exempts one
from criminal liability.
ENTRAPMENT vs. INSTIGATION

UNCONTROLLABLE FEAR
The exempting circumstance of

uncontrollable fear presupposes that the
accused is compelled by means of threat or
intimidation by a third person to commit a
crime (as a result he is exempted from
criminal liability).
MITIGATING CIRCUMSTANCES
LAWFUL OR INSUPERABLE CAUSE
Mitigating circumstances-those which if
This refers to some motive which has
present in the commission of a crime, do not
lawfully, morally, or physically prevented one
entirely free the actor from criminal liability
to do what the law commands (as a result he
but reduces only the penalty.
is exempted from criminal liability).
ENUMERATE THE MITIGATING
CIRCUMSTANCES
ABSOLUTORY CAUSES, DEFINED
1. Incomplete justifying or exempting
Those where the act of a person is circumstance
technically a crime, but because of public 2. Under 18
policy, there is no penalty imposed.
3. No intention to commit so grave a wrong
(praeter intentionem)
ENUMERATION OF ABSOLUTORY CAUSES 4. Sufficient provocation or threat
UNDER THE RPC
5. Vindication of a grave offense
1. Art 247. Death or physical injuries under
exceptional circumstances 6. Passion or obfuscation
2. Art. 280 (3) trespass 7. Voluntary surrender/ voluntary confession

of guilt
3. Art. 332. Persons exempt from criminal
liability 8. Deaf, dumb, blind and other physical
defects

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9. Illnesses which diminish will power
10. Analogous circumstances.


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Aggravating Circumstances- are those

which if attendant in the commission of the
offense, would serve to increase the penalty.
THE 21 AGGRAVATING CIRCUMSATNCES
1. Advantage of public position

2. In contempt or with insult to public
authorities
3. Disrespect on the rank, age or sex of the
NO INTENTION TO COMMIT SO GRAVE A
offended party; the crime is committed in the
WRONG AS THAT COMMITTED
dwelling of offended party
Q: How to determine the lack of grave 4. Abuse of confidence or obvious
intention to commit the offense? ungratefulness
5. Palace of the Chief Executive, or in his
A: Consider the following: presence, or place where authorities
discharge their duties, or place of religious
the weapon used
worship
nature of the injury 6. Nightime, uninhabited place, band
7. On occasion of conflagration, shipwreck
part of the body targeted etc.
8. Aid of armed men
VOLUNTARY SURRENDER
9. Recidivist
• Voluntary surrender must be made to 10. Reiteration
a person in authority or his agents 11. Price, reward or promise
12. Inundation, fire, poison, etc
• A surrender is voluntary when it is 13. Evident Premiditation
spontaneous in such a manner that it 14. Craft, fraud or Disguise
shows the interest of the accused to 15. Superior strength or means to weaken
surrender voluntarily to the authorities defense
either because he acknowledges his 16 Treachery
guilt or wishes to save the authorities 17. Ignominy
the expenses incurred in his search. 18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
VOLUNTARY CONFESSION OF GUILT/PLEA 21. Cruelty
OF GUILTY REQUISITES
1. It must be made in open court
2. It must be made prior to the presentation

of evidence of the prosecution
AGGRAVATING CIRCUMSTANCES


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UNINHABITED PLACE- one where there are 4 REPETITIOUS OFFENDERS

no houses or where the houses are scattered
at a great distance from each other
BAND- whenever more than three armed

malefactors shall have acted together in the
commission of an offense, it shall be deemed
to have been committed by a band.
Q: When is nightime, uninhabited place and

band aggravating?
A: 1. When the offender took advantage

thereof for the purpose of impunity EVIDENT PREMEDITATION- it involves a
2. When specially sought for by the determination to commit the crime prior to
offender to insure the commission of the the moment of its execution and also to carry
crime out the criminal intent which must be the
result of deliberate, calculated and reflective
3. When it facilitated the commission of thoughts through a period of time sufficient
the crime. to dispassionately consider and accept the
consequences thereof, thus indicating
AID OF PERSONS WH INSURE OR greater perversity
AFFORD IMPUNITY
Q: What are the requisites of evident
Q: Robber X and Robber Y robbed a certain premeditation?
village upon the assurance of the baranggay
tanod that they would not patrol the village A: 1. The time when the offender determined
on that night. What aggravating to commit the crime;
circumsatnce is present?
2. An act manifestly indicating that the
A: Aid of persons who insure impunity culprit has clung to his determination;
RECIDIVIST- one who at the time of his 3. A sufficient lapse of time between the
trial for one crime, shall have been determination and execution, to allow him to
previously convicted by final judgment of reflect upon the consequences of his act and
another crime embraced in the same title of to allow his conscience to overcome the
the Revised Penal Code. resolution of his will.
WHAT IS REITERACION OR HABITUALITY? CRAFT- is a circumstance characterized by

trickery or cunning resorted to by the
He is an offender who HAS BEEEN accused, to carry out his design. It is the use
PREVIOUSLY PUNISHED FOR: of intellectual trickery and cunning on the
1. An offense to which the law attaches part of the accused.
an equal or greater penalty or FRAUD- insidious words or machinations
2. For two or more crimes to which it used to induce the victim to act in a manner
attaches a lighter penalty which would enable the offender to carry out
his design.

lOMoARcPSD|29787159
DISGUISE- it involves the deliberate effort of must be taken into consideration as

the accused to conceal his identity in the aggravating or mitigating according to the
commission of the crime. nature and effects of the crime and the other
conditions attending its commission.
TREACHERY OR ALEVOSIA
They are the 1. relationship, 2. intoxication
There is treachery when the offender and the 3. degree of instruction and
commits any of the crimes against the education of the offender.
person, employing means, methods or forms
in the execution thereof which tend directly
and specially to insure its execution, without
risk to himself arising from the defense which The alternative circumstance of
the offended party might make. relationship shall be taken into consideration
when the offended party in the spouse,
IGNOMINY- is a circumstance pertaining to ascendant, descendant, legitimate, natural,
the moral order, which adds disgrace and or adopted brother or sister, or relative by
obloquy to the material injury caused by the affinity in the same degrees of the offender.
crime. It is a circumstance that tends to
make the effects of the crime more
humiliating, thus adding to the victim’s moral
The intoxication of the offender shall
sufferings.
be taken into consideration as a mitigating
UNLAWFUL ENTRY- there is unlawful entry circumstances when the offender has
when an entrance is affected by a way not committed a felony in a state of intoxication,
intended for the purpose. if the same is not habitual or subsequent to
the plan to commit said felony but when the
CRUELTY- a circumstance whereby the intoxication is habitual or intentional, it shall
offender enjoys and delights in making his be considered as an aggravating
victim suffer slowly and gradually, causing circumstance.
him unnecessary physical pain in the
consummation of his criminal act
FOUR KINDS OF AGGRAVATING ALTERNATIVE CIRCUMSTANCES

CIRCUMSTANCE
Art. 15. Their concept (DEFINED).
 Generic- generally applies to all
Alternative circumstances are those
crimes.
which must be taken into consideration as
 Inherent- that must necessarily
aggravating or mitigating according to the
accompany the commission of a crime
nature and effects of the crime and the other
 Qualifying- that which changes the
conditions attending its commission.
nature of the crime
 Specific- Those that apply only to a They are the 1. relationship, 2.
particular crime. intoxication and the 3. degree of instruction
and education of the offender.
ALTERNATIVE CIRCUMSTANCES
The alternative circumstance of
Art. 15. Their concept (DEFINED). —
relationship shall be taken into consideration
Alternative circumstances are those which

lOMoARcPSD|29787159
when the offended party in the spouse, ACCOMPLICES

ascendant, descendant, legitimate, natural,
or adopted brother or sister, or relative by Art. 18. Accomplices. —
affinity in the same degrees of the offender. Accomplices are those persons who, not
being included in Art. 17, cooperate in the
The intoxication of the offender shall execution of the offense by previous or
be taken into consideration as a mitigating simultaneous acts
circumstances when the offender has
committed a felony in a state of intoxication, ACCESSORIES, DEFINED
if the same is not habitual or subsequent to Art. 19. Accessories. — Accessories
the plan to commit said felony but when the are those who, having knowledge of the
intoxication is habitual or intentional, it shall commission of the crime, and without having
be considered as an aggravating participated therein, either as principals or
circumstance. accomplices, take part subsequent to its
PERSONS CRIMINALLY LIABLE FOR commission in any of the following manners:
FELONIES 1. By profiting themselves or assisting the
offender to profit by the effects of the crime.
Art. 16. Who are criminally liable.
2. By concealing or destroying the body of
The following are criminally liable the crime, or the effects or instruments
for grave and less grave felonies: thereof, in order to prevent its discovery.
1. Principals. 3. (FOR PUBLIC OFFICIALS ONLY ) By
2. Accomplices. harboring, concealing, or assisting in the
3. Accessories. escape of the principals of the crime,
The following are criminally liable for light provided the accessory acts with abuse of his
felonies: public functions
1. Principals OR
2. Accomplices. (FOR PRIVATE PERSONS ALSO) whenever the
THREE CLASSIFICATIONS OF author of the crime is guilty of treason,
PRINCIPALS parricide, murder, or an attempt to take the
life of the Chief Executive, or is known to be
 Those who take a direct part in the habitually guilty of some other crime.
execution of the act. (PRINCIPAL BY
DIRECT PARTICIPATION) ACCESSORIES BUT EXEMPTED FROM
 Those who directly forced or induced CRIMINAL LIABILITY
others to commit it. (PRINCIPAL BY
INDUCEMENT OR INDUCTION) Art. 20. Accessories who are exempt
 Those who cooperate in the from criminal liability. — The penalties
commission of the offense by another prescribed for accessories shall not be
act without which it would not have imposed upon those who are such with
been accomplished (PRINCIPAL BY respect to their spouses, ascendants,
INDISPENSABLE COOPERATION) descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by

lOMoARcPSD|29787159
affinity within the same degrees, with the

single exception of accessories falling within  RECLUSION PERPETUA
the provisions of paragraph 1 of the next 1. Has a specific duration
preceding article. 2. Imposable generally for violations of
the Revised Penal Code
JURIDICAL CONDITIONS OF PENALTY 3. Has accessory penalties.
 Must be commensurate with the
Q: When may penal laws have
offense- different crimes have different
retroactive effects?
penalties under the law.
 Must be personal- A person should be ANSWER:
held accountable for his own actions.
No person should be punished for the Penal laws shall have retroactive effect
crime of another in so far as they favor the person guilty of a
 Certain- No person must escape the felony, who is not a habitual criminal (art.
penalty. 22)
 Legal- The penalty must be in
accordance with the law Q: When is fine afflictive, correctional or
light in character?
JUSTIFICATION FOR THE IMPOSITION OF
PENALTY ANSWER:
• Exemplarity- to serve as an example to 1. It is afflictive if it exceeds P6000.

others and deter them from emulating the
2. It is correctional if it does not exceed
criminal.
P6000 but is not less than P200
• Justice- Criminal is punished as an act of
3. It is light if it is less than P200.
retributive justice.
PREVENTIVE IMPRISONMENT
• Prevention- To suppress or prevent the
danger to the State of the acts of the Q: Explain the concept of preventive
criminal. imprisonment.
• Reformation- Under the modern concept ANSWER:
of correction the criminal is punished in order
to rehabilitate or reform him. Offenders or accused who have
undergone preventive imprisonment shall be
• Self Defense- To protect the society credited in the service of their sentence
against the threats and actions of the consisting of deprivation of liberty, with the
criminals. full time during which they have undergone
LIFE IMPRISONMENT vs. RECLUSION preventive imprisonment if the detention
PERPETUA prisoner agrees voluntarily in writing to abide
by the same disciplinary rules imposed upon
 LIFE IMPRISONMENT convicted prisoners. Except:
1. Does not have specific duration.
2. Imposed for violations of special laws  When they are recidivist, or have been
3. Does not have accessory penalties convicted previously twice or more
times of any crime;

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 When upon being summoned for the guarantee said undertaking. If the person
execution of their sentence they failed sentenced fail to give the bond as required
to surrender voluntarily.(Article 29) he shall be detained for a period not
exceeding six months if he shall have been
prosecuted for grave or less grave felony,
and shall not exceed thirty days, if for a light
Note: An accused undergoes preventive
felony.
imprisonment when the offense charged is
non bailable or even if bailable he cannot EFFECT OF PRESIDENTIAL PARDON
furnish the required bail. Now if an accused
does not agree to abide by the same Q: What is the effect of pardon (by the
disciplinary rules imposed upon convicted President)?
prisoners, he shall be credited in the service
of his sentence with 4/5 of the time during ANSWER:
which he has undergone preventive
A pardon shall not work the restoration
imprisonment.
of the right to hold public office, or the right
of suffrage, unless such rights be expressly
CIVIL INTERDICTION
restored by the terms of the pardon. It shall
Q: What is civil interdiction? also not exempt the culprit from the payment
of the civil liability imposed upon him by the
ANSWER: sentence.
It is an accessory penalty which has PARDON, DEFINED

the effects of depriving the offender during
the time of his sentence of the rights of Pardon- is an act of grace proceeding from
parental authority, or guardianship, either as the power entrusted with the execution of
to the person or property of any ward, of the laws which exempts the individual on
marital authority, of the right to manage his whom it is bestowed from the punishment
property, and of the right to dispose of such the law inflicts for the crime he has
property by any act or any conveyance inter committed. A pardon may either be a
vivos. conditional or absolute.
BOND TO KEEP THE PEACE LIMITATIONS ON THE PARDONING

POWER OF THE PRESIDENT
Q: What is bond to keep the peace?
• Pardon can be exercised only after
ANSWER: conviction;
It is an accessory penalty which has • This power cannot be extended to cases of

the effect of requiring the person sentenced impeachment
to it to present two sureties who shall
• No pardon involving violations of elections
undertake that such person will not commit
laws, shall be granted without the favorable
the offense sought to be prevented, and in
recommendation of the Comelec
case such offense be committed they will
pay the amount determined by the court in PARDON OF THE PRESIDENT vs. PARDON
its judgment, or otherwise to deposit such BY THE PRIVATE OFFENDED PARTY
amount in the office of the clerk of court to

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PARDON BY PRESIDENT serious crime shall be imposed in its

maximum period-Art 48)
1. Extinguishes criminal liability
2. Does not extinguish civil liability TWO KINDS OF COMPLEX CRIMES
3. Must be given after conviction by final
judgment 1. When a single act constitutes two or more
grave or less grave felonies- (compound
PARDON BY VICTIM crime or delito compuesto)
1. Does not extinguish criminal liability 2. When an offense is a necessary means of

committing the other- (complex crime proper
2. Extinguishes civil liability or delito complejo)
3. In cases where pardon is allowed it must CONTINUING CRIMES
be given prior to the institution of criminal
action against the accused. Q: What is a
continuing/continued/continuous crime?
PECUNIARY LIABILITY
ANSWER:
ENUMERATE THE PROPER ORDER OF
PAYMENT OF THE PECUNIARY LIABILITIES OF It is a single crime, consisting of a
THE OFFENDER: series of acts all arising from one criminal
resolution. It is a continuous, unlawful act or
• Reparation of the damage caused
series of act set on foot by a single impulse
• Indemnification of consequential damages and operated by an unintermittent force,
however long time it may occupy.
• The fine
HABITUAL DELINQUENT
• Cost of the proceedings (Art.38)
Q: Who/What is a habitual delinquent?
SUBSIDIARY IMPRISONMENT
ANSWER:
Q: What is subsidiary
imprisonment/penalty? A person shall be deemed a habitual
delinquent if within a period of ten years
ANSWER: It is a personal liability to be from the date of his release or last conviction
suffered by the convict who has no property of the crimes of serious or less serious
to pay the fine at the rate of one day for physical injuries, robo, hurto, estafa, or
each eight pesos. (Art. 39) falsification, he is found guilty of any of said
crimes a third time or oftener.
COMPLEX CRIME, DEFINED
THREE FOLD RULE IN SERVICE OF
Q: What is a complex crime?
SENTENCE
ANSWER: There is a complex crime when a
single act constitutes two or more grave or Q: What is the rule on successive
less grave felonies, or when an offense is a service of sentence?
necessary means for committing the other.
(In which case the penalty for the most ANSWER:


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When the culprit has to serve two or radius therein specified, which shall not be
more penalties, he shall serve them more than 250 and not less than 25
simultaneously if the nature of the penalties kilometers from the place designated. If he
will permit so, otherwise the order of their does he may be held liable for Evasion of
respective severity shall be followed so that service of sentence under article 157 RPC.
they maybe executed successively or as
nearly as may be possible, should a pardon DESTIERRO IS IMPOSED IN THE
have been granted as to the penalty first FOLLOWING:
imposed or should they have been carried • Death or Serious Physical injuries inflicted
out (Art. 70). under exceptional circumstances
Q: What is the three fold rule in the • When a person fails to give a bond for good
service of sentence? behavior (Art. 284)
ANSWER: • Penalty for concubine in concubinage ( Art.

334)
According to this rule, the maximum
duration of the convict’s sentence shall not MODES OF TOTAL EXTINCTION OF
be more than threefold the length of CRIMINAL LIABILITY (Art. 89)
timeNcorresponding to the most severe of
the penalties imposed upon him. No other • By the death of the convict, as to the
penalty to which he may be held liable shall personal penalties; as to pecuniary liabilities,
be inflicted after the sum of those imposed it is extinguished only when the death of the
equals the said maximum period. Such offender occurs before final judgment.
maximum period shall in no case exceed
• By service of sentence;
forty years.
• By amnesty-an act of the sovereign power
COMPLEX PENALTY
granting oblivion or a general pardon for past
Q: What is a complex penalty? offense, and is rarely exercised in favor of a
single individual, and is usually exerted in
ANSWER: behalf of certain classes of persons who are
subject to trail but not yet convicted.
It is a penalty prescribed by law
composed of three distinct penalties, each • By absolute pardon
forming a period, the lightest of them shall
be the minimum, the next the medium, and • Prescription of crime- the forfeiture or
the most severe the maximum period.( ex. the loss of the right of the state to prosecute
Reclusion Temporal to Death) the offender after the lapse of a certain time.
• Prescription of Penalty- the loss or

Q: Give the concept of the penalty of
forfeiture of the right of the Government to
destierro.
execute the finalsentence after the lapse of a
ANSWER: certain time.
Any person sentenced to destierro • Marriage of the offended party under

shall not be permitted to enter the places Article 344 RPC
designated in the sentence, nor within the

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AMNESTY vs. PARDON NOTE:
AMNESTY • The period of prescription shall commence

to run from the day on which the crime is
1. Granted by the President with the discovered by the offended party, the
concurrence of Congress authorities, or their agents, and shall be
2.May be given before or after conviction or interrupted by the filing of the complaint or
during trial. information, and shall commence to run
again when such proceedings terminate
3. Usually given to political offnders and a without the accused being convicted or
group of people acquitted, or are unjustifiably stopped for
any reason not imputable to him. It shall not
4. Looks backwards and erases everything run when the offender is absent from the
Philippines (Art.91)
PARDON
TABLE OF PRESCRIPTION OF PENALTIES
1. Granted by the President alone
PENALTY EVADED AND PRESCRIBES IN
2. Given only after conviction by final
judgment  Death and Reclusion Perpetua- 20
years
3. Usually given to common crimes and
 Other afflictive penalties- 15 years
single person
 Correctional penalties- 10 yearS
4. Looks forward  Arresto Mayor- 5 years
 Light penalties- 1 year
TABLE OF PRESCRIPTION OF CRIMES
PENALTIES INVOLVED AND PERIOD OF MODES OF PARTIAL EXTINCTION OF

CRIMINAL LIABILITY
PRESCRIPTION
• By conditional pardon- a contract between
 Death, Reclusion perpetua, and
the president and the convict the former will
Reclusion temporal- 20 years
release the latter upon compliance with
 Other afflicitve penalties, ex. Prision
certain conditions.
mayor and Disqualifications.- 15
years • By commutation of sentence- it is the
 Punishable by correctional penalties, reduction of the period of imprisonment of
ex. Prision correctional, arresto mayor, the offender or the amount of the fine.
destierro-10 years
• For good conduct time allowance- are
TABLE OF PRESCRIPTION OF CRIMES deductions from the term of the sentence for
good behavior of the convicted prisoner.
 Arresto Mayor - 5 years
 Libel - 1 year • Parole- consists of the suspension of the
 Oral defamation and slander by deed- sentence of a convict after serving the
6 months minimum term of the indeterminate penalty
 Other light offenses- 2 months


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PROBATION
A disposition by which an person after

conviction is released subject to approval by
the court and supervision of probation officer.
GOOD CONDUCT TIME ALLOWANCE
Q: Who gives good conduct time

allowance?
ANSWER: Director of Prisons. SPECIAL TIME ALLOWANCE FOR LOYALTY
RA 10592 (May 2013) Q: What is the special allowance for

loyalty?
"ART. 99. Who grants time allowances. –
Whenever lawfully justified,the: ANSWER:
1. Director of the Bureau of Corrections. It is a deduction of 1/5 of the period of

sentence to any prisoner who, having evaded
2. Chief of the Bureau of Jail Management
the service of his sentence under the
and Penology.
circumstances in art. 158 RPC, gives himself
3. Warden of a provincial, district, municipal up to the authority within 48 hours following
or city jail shall grant allowances for good the issuance of a proclamation announcing
conduct. thepassing away of the calamity.
Such allowances once granted shall not be Q: What is article 100 of the Revised
revoked." Penal Code?
ANSWER:
YEARS OF GOOD BEHAVIOR AND PERIOD It says” every person criminally liable
OF DEDUCTION for a felony is also civilly liable.
 1-2 YEARS- 5 DAYS PER MONTH SUBSIDIARY CIVIL LIABILITY OF CERTAIN

 3-5 YEARSP- 8 DAYS PER MONTH PERSONS
 6-10 YEARS- 10 DAYS PER MONTH
 11 YEARS AND UP- 15 DAYS PER  Art. 102. Subsidiary civil liability of
MONTH innkeepers, tavern keepers and
proprietors of establishments- In
COMPARISON OF OLD AND NEW RULES default of persons criminally liable,
ON GCTA innkeepers, tavernkeeprs, and any
other persons or corporations shall be
civilly liable for crimes committed in
their establishments, in cases where a
violation of municipal ordinances or
some general or special police


lOMoARcPSD|29787159
regulations shall have been committed The thing itself shall be restored, even
by them or their employees. though it be found in the possession of a
third person who has acquired it by lawful
 Innkeepers are also subsidiary liable means, saving to the latter his action against
for the restitution of goods taken by the proper person who may be liable to him.
robbery or theft within their houses
from guests lodging therein, or for the REPARATION
payment of the value thereof, Art. 106. Reparation- The court shall
provided that such guests shall have determine the amount of damage, taking
notified in advance the innkeepers into consideration the price of the thing, and
himself, or the person representing its special sentimental value to the injured
him, of the deposit of such goods party.
within the inn, and shall furthermore
have followed the directions which INDEMNIFICATION
such innkeepers or his representative
may have given them with respect to Art. 107. Indemnification- Indemnification of
the care and vigilance over such consequential damages shall include not only
goods. No liability shall attach in case those caused the injured party, but also
of robbery with violence against or those suffered by his family or by third
intimidation of persons unless person by reason of the crime.
committed by the innkeepers’
employees.
Art. 103. Subsidiary civil liability of other

persons- The subsidiary liability established
in the next preceding article shall also apply
to employers, teachers, persons, and
corporations engaged in any kind of industry
for felonies committed by their servants,
pupils, workmen, apprentices, or employees
in the discharge of their duties.
Art. 104. What is included in civil

liability-
• Restitution
• Reparation of damage caused
• Indemnification of consequential damage
RESTITUTION
Art. 105. Restitution how made- The

restitution of the thing itself must be made
whenever possible, with allowance for any
deterioration or diminution of value.


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Criminal Law, Book 1 (Cavite State University)

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CRIMINAL LAW BOOK 1 REVIEWER

CRIMINAL LAW, DEFINED NULLUM CRIMEN NULLA POENA

 Criminal Law- that branch of public SINE LEGE

DISTINCTIONS CHARACTERISTICS OF CRIMINAL LAW

 FELONY – punishable by the Revised  General- criminal law is binding on all

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•When the offender is a habitual criminal. •Positivist (Realistic) Theory- Man is

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 Man is subdued occasionally by a – A bill of attainder is a law which inflicts

LIMITATIONS ON THE POWERS OF CONGRESS  An act or omission

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Omission- inaction, the failure to perform an REQUISITES OF MISTAKE OF FACT

 Failure to make precaution is IGNORANTIA LEGIS NON EXCUSAT

IGNORANCE OF THE LAW EXCUSES NO ONE

Actus non facit reum nisi mens sit rea

 Is a misapprehension of fact on the CRIMES MALA IN SE vs. CRIMES MALA

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Art. 4. Criminal liability. — Criminal liability

1. By any person committing a felony (delito)

2. By any person performing an act which

Article 4 (1) may refer to either:

 Error in personae- mistake in

EFFICIENT INTERVENING CAUSE

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3. Defense of strangers REQUISITES OF DEFENSE OF STRANGERS

REQUISITES OF AVOIDANCE OF GREATER

1. That the evil sought to be avoided actually

2. That the injury feared be greater than that

3. In case the Provocation was given by

REQUISITES OF FULFILMENT OF DUTY

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1. The accused acted in the performance of

2. The injury caused is the consequence of Provocation- any unjust or improper

DEFENSE OF RELATIVES REQUISITES

2. Reasonable necessity of the means

3. In case the provocation was given by the

• Relatives by consanguinity are

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CRIMINAL LAW BOOK 1 REVIEWER

b. Acute Battering Incident-

QUICK ENUMERATION OF EXEMPTING

1. Imbecility; Insanity (unless the latter acted

BOARD: What are the cycles of violence in

a. Tension Building Stage- where minor