Criminal Law b.

Ambassadors, minister plenipotentiaries, minister residents and charges d’

affaires.
- A branch of public law which defines crimes, treats of their nature and provides for their
punishment. 2. Territorial

Crime Felony Offense Infraction – criminal laws are applicable only if the crime is committed within Philippine territory.
Is an act committed Is an act or Those punishable - misdemeanor
or omitted in omission by Special laws. An Violation of city or What comprise the Philippine Territory?
violation of public punishable by the illegal act which municipal a. The Philippine archipelago with all the islands and waters embraced therein;
law forbidding or Revised Penal Code. does not amount to ordinances.
commanding it. a crime as defined b. All other territories over which the Philippines has sovereignty or jurisdiction;
in the Penal Code.
c. The terrestrial, fluvial and aerial domain including the territorial sea, the seabed,
the subsoil, the insular shelves, and other submarine areas thereof; and
Sources of Criminal Law
d. The internal waters.
1. Act 3815 known as the Revised Penal Code
Exceptions to the Territorial Characteristics
2. Special Penal Law passed by Congress
1. When all offender shall commit an offense on a Philippine ship or airship.
3. Presidential Decrees issued by President Marcos Sr.
2. When the offender should forge or counterfeit any coin or currency note of the
- Former President Aquino – Executive Order Philippines or obligations and securities issued by the Philippine government.
Characteristics of Criminal Law English Rule – military vessels
1. General 3. When the offender should be liable for the acts connected with the introduction
into the Philippines of the obligations and securities mentioned in number two.
– criminal law is binding on all persons who lives or sojourn in the Philippines.
4. When the offender who is a public officer or employee abroad shall commit an
Exceptions to the General Characteristics
offense in the exercise of his functions.
1. As provided by treaty stipulations – Agreements
5. When the offender should commit an offense.
Ex. Philippine Embassy on different countries
3. Prospective
2. As provided by laws of preferential applications – RA 75 grants protection to diplomatic
– criminal law cannot make an act punishable in a manner in which it was not punishable
representatives, ambassador or other public ministers of foreign countries including their
when committed. See Art 366. (The law looks forward and not backwards)
domestic servants authorized and received by the President.
Ex. Onel De Guzman’s IloveYou Virus
Ex. Diplomatic Representatives, Ambassadors
Exception to the Prospective Character
3. Persons who are exempt because of certain principles of international laws:
1. When the new law is favorable to the accused.
a. Sovereigns and other head of states
 FINE: Correctional penalty, if it does not exceed One Million Two-Hundred Thousand
Pesos (1,200,000) but not less than Forty Thousand Pesos
Exception to the Exception
- Light Felonies are those infractions of law for which a penalty is aresto menor.
a. When the offender is habitual criminal.
FINE: Light penalty, if be less than forty-thousand pesos (40,000)
b. When the new law expressly provides it has no application or retroactive effect to
pending actions/cases.

Crimes are classified in the following manner: c. According to the law punishing it:

a. According to the presence or absence of intent: These crimes may refer to Felony and Offense;

These crimes may refer to Intentional or Culpable crimes. The distinctions between intent Felony is an act omission punishable by the Revised Penal Code
and motives are as follows:
Offense those punishable by Special laws. An illegal act which does not amount to a crime as
- Intent is the purpose to use particular means to affect a definite result, while motive is the defined in the Penal Code.
moving power which impels one to action; and
d. According to the impact to the society:
- Intent is an element of intentional crimes, while motive is not element of either intentional
- These refers to crimes mala inse and crimes mala prohibita
or culpable crimes.
MALA INSE MALA PROHIBITA
Motive is not an element of a crime so it need not to proves. It is essential only in any of the
Violation of the RPC Violation of special laws
following instances:
The act is not inherently evil or bad or per
The act is inherently bad or evil or per se
- When the act produces variant crimes; se wrongful, but is wrong because it is
wrongful.
prohibited by law.
- When the perpetrator is unknown; or

- When the evidence presented are purely circumstantial e. According to presence of attempted and/or frustrated cases:

b. According to gravity: - These refers to formal crimes and material crimes:

These crimes may refer to Grave, Less-grave or Light Felonies FORMAL CRIMES
A single act of the accused consummated
- Grave Felonies are those to which the law attaches the Capital punishment or penalties the offense as a matter of law.
which in their periods are afflictive: - consummated
MATERIAL CRIMES
Involved the three stages of execution
- consummated; frustrated; attempted

FINE: Afflictive penalty if it exceeds One Million Two-Hundred Thousand Pesos

(1,200.000) f. According to stage of execution:

- Less Grave Felonies are those which the law punishes with penalties which in their - These refers to ATTEMPTED, FRUSTRATED, and CONSUMMATED CRIMES
maximum period are correctional.
CONSUMMATED FELONY is when all the elements necessary for its execution and
accomplishment are present.
FRUSTRATED FELONY is when the offender performs all the acts of execution which would
produce the felony as a consequence but which nevertheless, do not produce it by reason of
MISTAKE OF FACTS
causes independent of the will of the perpetrator.
- is a misapprehension of facts on the part of the person who caused injury to another. He is
not liable for absence of criminal intent.
Distinction Between Subjective and Objective Phase

Subjective Phase
REQUISITES OF MISTAKE FACTS:
- is the portion of acts constituting the crime including from the point where the offender
1. The acts would have been lawful had the facts been as the accused believed them to be.
begins commission of the crime to that point where he has still control over his acts,
including their (acts) natural cause. 2. The intention of the accused in performing the act should be lawful
Objective Phase 3. That the mistake must be without fault of careless on the part of the accused.
- is the portion of acts constituting the crime, including from the point where the offender
performed all the acts execution which may include the crime as consequence to that point
where the crime was committed. WHAT IS CONSPIRACY AND PROPOSAL TO COMMIT A CRIME?

DEVELOPMENT/GENESIS OF A CRIME CONSPIRACY exists when two or more person come to agreement concerning the
commission of a crime and decide to commit it.
1. INTERNAL ACTS these are the mere ideas in the mind of a person / not punishable; covert
acts.

2. EXTERNAL ACTS PROPOSAL exists when the person who has decided to commit a crime proposes its
execution to some other persons.
a. Preparatory Acts ordinarily not punishable

b. Acts of execution they are the stages, already punishable

Conspiracy and Proposal to Commit a Felony
• ATTEMPTED
- are punishable only in the cases in which the law specifically provides a penalty thereof.
• FRUSTRATED

• CONSUMMATED

IMPRUDENCE NEGLIGENCE REQUISITES OF DOLO OR MALICE REQUISITES OF FAULT OR CULPA

(INTENTIONAL FELONIES) (CULPABLE FELONIES)
- involves lack of skill - involves lack of foresight - freedom of action (negligence &
- freedom of action
imprudence)
- involves a deficiency of action - indicates a deficiency of perception
- intelligence - intelligence
- failure to make precaution - failure to use diligence
- imprudent, negligent, or lack of foresight
- intent
or lack of skill
Cases where mere conspiracy is already punishable: J-E-M-A-A

1. Conspiracy to commit treason (Act. 115) Justifying Circumstances

2. Conspiracy to commit rebellion or insurrection (Act. 136) Exempting Circumstances

3. Conspiracy to commit sedition (Act. 141) Mitigating Circumstances

4. Conspiracy in restraint of trade or commerce (Act. 186) Aggravating Circumstances

5. Conspiracy to commit terrorism under (RA 9372) Alternative Circumstances

6. Conspiracy to commit arson under (PD 1613)

Justifying Circumstances

Cases where mere proposal is already punishable: - those where the act of a person is said to be in accordance with the law. As a consequence,
he is freed from criminal and civil liability. (Most common–self-defense)
1. Proposal to commit treason (Act 115)

2. Proposal to commit rebellion or insurrection (Act 136)

Enumerate the Justifying Circumstances:
3. Proposal to commit coup d’état.
1. Self-defense

2. Defense of Relatives
"When there us conspiracy, THE ACT OF ONE IS THE ACT OF ALL."
3. Defense of Strangers

4. Avoidance of greater evil

Correctional Penalties
5. Fulfilment of Duty
a. Prison Correctional - 6 months + 1 day to 6 years
6. Obedience to order of Superior
b. Arresto Mayor - 1 month + 1 day to 6 months
Short Version Long Version
c. Suspension - 6 months + 1 day to 6 years
1. Anyone who acts in defense of his person
SELF-DEFENSE
d. Destierro - 6 months + 1 day to 6 years on rights.
2. Anyone who acts in defense of the
person or rights of his spouse, ascendants
or legitimate, natural or adopted brothers
Light Penalties DEFENSE OF RELATIVES
or sisters, or his relatives by affinity in the
Arresto Mayor - 1 day to 30 days same degrees and those consanguinity
within the fourth civil degree.
DEFENSE OF STRANGERS 3. Anyone who act in defense of the person

AVOIDANCE OF GREATER EVIL
FULFILMENT OF DUTY
OBEDIENCE TO ORDER OF SUPERIOR
or rights o strangers, provided that the first
and second requisites mentioned in the
first circumstances of this article are
present and that the person defending be
not induced by revenge, resentment, or
other evil motive.
4. Any person who, in order to avoid an evil
or injury, does not act which causes
damage to another, provided that the
following requisites are present.
5. Any person who acts in fulfilment of a
duty or in the lawful exercise of a right or
offense.
6. Any person who acts in obedience to an
order issued by a superior for some lawful
purposes.
RETREAT TO THE WALL DOCTRINE STAND GROUND WHEN IN THE RIGHT
1. An ancient common law rule in homicide A rule which states that where the accused
which made it the duty of a person assailed is where he has the right to be, the law
(attacked) to retreat as far as he can before does not require him to retreat when his
he is justified in meeting force with force. assailant is advancing upon him with a
deadly weapon.
2. No longer followed in the Philippines It is currently the rule in the Philippines
TEST OF REASONABLENESS ON DETERMINING WHETHER THERE IS SELF-DEFENSE
1. Nature of the weapon used by the aggressor
2. Quality of his weapon
3. The physical conditions of both parties
4. Place of the aggression and others

THINGS TO REMEMBER IN PROVOCATION:

REQUISITES OF SELF-DEFENSE
1. There must be no provocation made by the one claiming self-defense;
1. Unlawful aggression;
2. Even if the provocation was given, it must be sufficient provocation; and
2. Reasonable necessity of the means employed to prevent or repel it; and
3. Even if the provocation was sufficient, but it was not given by the person claiming self-
3. Lack of sufficient provocation on the part of the person defending himself. defense than there is self-defense.
PROVOCATION

- any unjust or improper conduct on the part of the offended party capable of inciting or DEFENSE OF RELATIVES REQUISITES
irritating (annoying) anyone.
1. Unlawful aggression;
Unlawful Aggression
2. Reasonable necessity of the means employed to prevent or repel it; and
- is assault or at least threatened assault of an immediate and imminent kind.
3. In case the provocation was given by the person attacked, the one making the defense
• When the aggressor flees, there is no more unlawful aggression had no part therein.
• But when he retreats to take advantage of a better position, unlawful aggression still exists • Relatives by affinity are those by marriage such as parents-in-law, sons and daughters-in-
• There is no unlawful aggression when there is an agreement to a fight law.

• Rights involved in self-defense includes defense of honor and property

• Relatives by consanguinity are relatives by nature or by blood relations. Siblings are within
the 2nd civil degree, whereas uncle and niece or aunt and nephew are within the 3 rd civil 3. In case the provocation
3. Lack of sufficient 3. The one defending be not
degree, first cousins are within the 4th civil degree. was given by the person
provocation on the part of induced by revenge,
attacked, the one making
the person defending resentment or other evil
the defense had no part
himself. motive.
therein.
TABLES OF RELATIVES BY CONSANGUINITY THAT MAY BE DEFENDED
AVOIDANCE OF GREATER EVIL REQUISITES OF NECESSITY
UNCLE, AUNT,
RELATIONSHIP BROTHERS/SISTERS NIECE AND FIRST COUSINS 1. That the evil sought to be avoided actually exists;
NEPHEW
2. That the injury feared be greater than that done to avoid it; and
ND RD TH
DEGREE 2 DEGREE 3 DEGREE 4 DEGREE
3. That there be no other practical and less harmful means of preventing it.

DEFENSE OF STRANGER REQUISITES

1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or repel it; and
3. The person defending be not induced by revenge, resentment or other evil motive.
FULFILMENT OF DUTY OR LAWFUL EXERCISE OF THE RIGHT OR OFFICE REQUISITES
1. The accused acted in the performance of duty or in the lawful exercise of a right or office.
2. the injury caused is the consequence of the due performance of duty or the lawful
exercise of such right or office.

DISTINGUISH BETWEEN SELF-DEFENSE, DEFENSE OF RELATIVES AND DEFENSE OF DOCTRINE OF SELF-HELP

STRANGER
- states that the owner or the lawful possessor of a thing has the right to exclude any person
SELF-DEFENSE DEFENSE OF RELATIVES DEFENSE OF STRANGERS from the enjoyment and disposal thereof. Thus, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened unlawful physical invasion or
1. Unlawful aggression; 1. Unlawful aggression; 1. Unlawful aggression; usurpation of his property. (Art. 429 Civil Code)

2. Reasonable necessity of 2. Reasonable necessity of 2. Reasonable necessity of

the means employed to the means employed to the means employed to OBEDIENCE TO ORDER ISSUED BY A SUPERIOR REQUISITES
prevent or repel it; and prevent or repel it; and prevent or repel it; and
1. A lawful order has been issued by a superior; and

2. The means used by the accused subordinate to carry out said order is lawful.

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. Irresistible Force
Uncontrollable Fear
Lawful or Insuperable Cause
5. Any person who act under the compulsion or irresistible
force.
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law,
when prevented by some lawful insuperable cause.

ENUMERATING THE EXEMPTING CIRCUMSTANCES: Imbecile Insanity

One who is old but has mental One which exists when there is a complete
1. Imbecility, Insanity (unless the latter acted during a lucid interval) development similar to children between deprivation of intelligence in committing
2. A person under 9-years-old the ages 2-7 years. the criminal act, that is the accused is
deprived of reason and acts without the
3. A person under 9-years-old and under 15-years-old unless has acted with discernment least discernment.

4. Accident
5. Uncontrollable fear
Short Version
Imbecility or Insanity
Long (Complete) Version
1. An imbecile or an insane person, unless the latter has
acted during a lucid interval. When the imbecile or an
insane person has committed an act which the law defines
as a felony (delito), the court shall order his confinement in
one of the hospitals or asylums established for persons
thus afflicted, which he shall not be permitted to leave
without first obtaining the permission of the same court.
INSANITY AT THE TIME OF THE COMMISSION OF THE CRIME vs. INSANITY AT THE TIME OF
TRIAL
Discernment – the mental capacity of a minor to distinguish between right from wrong and
to fully appreciate the consequences of his felonious acts. It may be shown by:
1. Manner of committing the crime;
2. Conduct of the offender; and
3. Such other circumstances
FOUR PERIOD OF HUMAN LIFE FROM THE VIEWPOINT OF THE PENAL CODE:

2. A person under nine years of age. AGE OF

AGE OF ABSOLUTE AGE OF ABSOLUTE AGE OF MITIGATED
(Repealed by RA 9344) CONDITIONAL
CRIMINAL CRIMINAL CRIMINAL
3. A person over nine years of age and under fifteen, CRIMINAL
IRRESPONSIBILITY RESPONSIBILITY RESPONSIBILITY
unless he has acted with discernment, in which case, such RESPONSIBILITY
Minority
minor shall be proceeded against in accordance with the 15 YEARS OLD AND
provisions of Art. 80 of this Code. (Repealed by RA 9344) 1 DAY TO 17 YEARS
15 YEARS OLD AND OLD WHO ACTED
15 YEARS OLD AND
1 DAY TO 17 YEARS 16-70 YEARS OLD WITH
BELOW
4. Any person who, while performing a lawful act with due OLD DISCERNMENT AND
Accident care, causes an injury by mere accident without fault or OVER 70 YEARS
intention of causing it. OLD.
REPUBLIC ACT 9344 – AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND LAWFUL OR ISUPPERABLE CAUSE
WELFARE SYSTEM (Juvenile Justice and Welfare Act of 2006)
ABSOLUTORY CAUSES
Child in Conflict with the Law (CICL) – a child who is accused or adjudged of having
1. Art. 247. Death or physical injuries under exceptional circumstances
committed an offense.
2. Art. 280 (3) trespass
Initial Contact with the Child – refers to the apprehension of a child in conflict with the law
by officers or private citizens. 3. Art. 332. Persons exempt from criminal liability
Status Offense – offenses which discriminate only against a child while an adult does not 4. Art. 20. Accessories exempted
suffer any penalty for committing similar acts.
5. Art. 6 on spontaneous desistance
Examples are: curfew violations, truancy, parental disobedience
6. Instigation – one which takes place when a peace officer induces a person to commit a
SECTION 6: RA 9344 says: A child 15 years of age or under at the time of the commission of crime. Without the inducement, the crime would not be committed. It exempts one from
the offense shall be exempt from criminal liability. criminal liability.
A child above 15 years but below 18 shall likewise be exempt from criminal liability and be ENTRAPMENT INSTIGATION
subjected to intervention program unless he has acted with discernment.
1. Ways and means are resorted to for the Here, the police practically induce the
SECTION 58 of the same law says: Persons below 18 years of age shall be exempt from purpose of trapping and capturing the accused into the commission of the offense
prosecution for the crime of vagrancy and prostitution, of mendicancy under PD 1563 and lawbreaker in the execution of his plans and he himself becomes a co-principal
sniffling of rugby under PD 1619.
The intent to violate the law did not originate
ACCIDENT REQUISITES 2. The intent to violate the law originated
from the accused as he was induced only by
from the accused himself
1. A person performs a lawful act; the police to perform a criminal act

2. With due care;

3. Non an absolutory cause hence does not An absolutory cause that exempts one from
3. He causes an injury to another; and exempt from criminal liability criminal liability

4. Without fault or intention of causing it.

PEOPLE OF THE PHILIPPINES vs. MARIVIC GENOSA
IRRESISTIBLE FORCE
(BATTERED WOMAN SYNDROME)
Irresistible Force – a force which produces such an effect upon an individual that, in spite of
all resistance, it reduces him to a mere instrument and as such incapable of committing a Battered Wife – a woman who is repeatedly subjected to any forceful physical or
crime. 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
UNCONTROLLABLE FEAR
a man. The couple must go through the battering cycle at least twice.
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.
WHAT ARE THE CYCLES OF VIOLENCE IN BWS?

1. TENSION BUILDING STAGE – where minor battering occurs.

2. ACUTE BATTERING INCIDENT – characterized by brutality, destuctiveness and death.

3. TRANQUIL OR LOVING PHASE – the batterer shows loving caring nurture to the victim.