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I. Fundamental Principles
A. Definition of Criminal Law
- That branch or division of law which defines crimes, treats of
their nature, and provides for their punishment. It deals
with the determination of the acts which are to
be punished, the nature and extent of the
punishment and the procedure to be used.
- Oh vs. Court of Appeals, 403 SCRA 300 (2003)

B. Kinds of crimes

1. Mala in se

- U.S. vs. Go Chico, 14 Phil. 128, 131 (1909).

2. Mala prohibita

- U.S. vs. Go Chico, 14 Phil. 128, 131 (1909).

- Lim vs. People, 340 SCRA 497 (2000)
- People vs. Lacerna, 278 SCRA 561 (1997)

Lack of intent as a defense in mala prohibita

- Garcia vs. Court of Appeals, 484 SCRA 617 (2006)
- Ysidoro vs. People, 685 SCRA 637
-
3. Felony

- Art. 3, RPC
- People vs. Gonzales, 183 SCRA 309 (1990)

4. Offense

Distinction between felony and offense.

C. Sources of Philippine Criminal Law

 1. Revised Penal Code (Act No. 3815)

2. Special penal laws passed by Congress

3. Presidential Decrees

D. Theories of Criminal Law

2. Positivist Theory 1. Classical Theory

3. Relative
4. Absolute

E. Power to Define and Punish Crimes

- U.S. vs. Pablo, 35 Phil. 94 (1916)
- People vs. Santiago, 43 Phil. 120 (1922)

F. Constitutional Limitations on Legislative Power to Enact Penal Laws

1. Equal protection

- 1987 Constitution, Art. III, Sec. 1

2. Due process

- 1987 Constitution, Art. III, Sec. 14(1)

3. Cruel and unusual punishment

- 1987 Constitution, Art. III, Sec. 19(1)

- R.A. No. 9346

4. Bill of attainder/Ex post facto law

- 1987 Constitution, Art. III, Sec. 22

- People vs. Villaraza, 81 SCRA 95 (1978)

G. Characteristics of Criminal Law

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 1. Prospective

- People vs. Tamayo, 61 Phil. 225

Effect of repeal of penal law

- People vs. Pastor, 77 Phil. 1000
- People vs. Almuete, 69 SCRA 410

2. General

- Civil Code of the Philippines, Art. 14

- U.S. vs. Sweet, 1 Phil. 18

3. Territorial

- Art. 2, RPC
- Reagan vs. Commissioner, 30 SCRA 968 (1969)

H. Construction of Penal Laws

- U.S. vs. Abad Santos, 36 Phil. 243 (1917)
- People vs. Gatchalian, 104 Phi. 664 (1958)
- People vs. Sultan, 331 SCRA 216 (2000)
- Go vs. Dimagiba, 460 SCRA 451 (2005)

Doctrine of Pro Reo

- People vs. Gonzales, 361 SCRA 350 (2001)
- Bongalon vs. People, 694 SCRA 12 (2013)

II. The Revised Penal Code, Act No. 3815

A. History

- U.S. vs. Tamparong, 31 Phil. 321

B. Divisions of the RPC

1. Books 1 & 2

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 2. Titles – Book I: Prelim Title + Titles 1-5; Book II: Titles 1-14
3. Chapters - Book I: 15 Chapters; Book II: 46 Chapters
4. Sections – Book I: 8 Sections; Book II: 35
5. Articles – Book I: Arts. 1–113; Book II: Arts. 114-367

III. Preliminary Title

Art. 1

Art. 2
- What Constitutes Territory of the Philippines
i. Art. 1, 1987 Constitution
- Art. 14, Civil Code of the Philippines
- US Bases Agreement
- RP-US Visiting Forces Accord
- R.A. No. 75
- Arts. 1, 29, 31, 1961 Vienna Convention on Diplomatic Relations
- Sec. 58, R.A. No. 9372 (Human Security Act of 2007 or Anti-Terrorism Act) -
R.A. No. 7055
- Minucher vs. Court of Appeals, G.R. No. 142396. February 11, 2003]
Jurisdiction over offenses committed in the high seas
- U.S. vs. Bull, 15 Phil. 7

Jurisdiction over offenses committed by members of the AFP in violation of

military law and public law
- People vs. Livara, 94 Phil. 771
- Valdez vs. Lucero, 76 Phil. 356
- Gonzales vs. Abaya, 498 SCRA 445

Contraband on board a foreign vessel landed on Philippine soil

- U.S. vs. Look Chaw, 18 Phil. 573

IV. Title One: Felonies and Circumstances Which Affect Criminal Liability

A. Chapter One: Felonies

Arts. 3
- People vs. Gonzales, 183 SCRA 309 (1990)
- People vs. Castillo, 76 Phil. 72
- People vs. Pacana, 47 Phil. 48
- People vs. Bandian, 63 Phil. 530 - U.S. vs. Ah Chong, 15 Phil. 488
- U.S. vs. Apego, 23 Phil. 391
- People vs. Oanis, 74 Phil. 257

Involuntary act

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 - U.S. vs. Barnes, 12 Phil. 93
- People v. Sara, 55 Phil. 939

- actus non facet reum, nisi mens sit rea (a guilty mind, a guilty or wrongful
purpose or criminal intent)

Art. 4
- Este el causa de la causa es causa del mal causado
- Distinguish among error in personnae, aberration ictus, praeter intentionem -
Requisites for parag. 1: a) an intentional felony must have been committed; b) the
wrong act done must the direct, natural, and logical consequence of the felonious
act - Proximate cause is that cause, which, in natural and continuous sequence,
unbroken by any efficient intervening cause, produces the injury, and without
which the result would not have occurred.

cf. Art. 59
- People vs. Faller, 67 Phil. 629
- People vs. Acosta, 60 Phil. 158 - People vs. Cornel, 78 Phil. 458
- People vs. Quianzon, 62 Phil. 162
- U.S. vs. Villanueva, 31 Phil. 412
- U.S. vs. Divino, 12 Phil. 175
- U.S. vs. Mendieta, 34 Phil. 242
- Urbano v. Intermediate Appellate Court, 157 SCRA 10
- U.S. vs. Maisa, 8 Phil. 597
- People vs. Balmores, 85 Phil. 493
- Intod vs. Court of Appeals, 215 SCRA 52

Art. 5
- People vs. Orifon, 57 Phil. 594
- Director of Prisons v. Ang Cho Kio, 33 SCRA 494 (1970)

Art. 6

- Preparatory acts are, generally, not punishable. Acts of execution are punishable,
i.e. attempted, frustrated, and consummated.

Indeterminate offense
- People vs. Lamahang, 61 Phil.703

- U.S. vs. Eduave, 36 Phil. 209

- People vs. Borinaga, 55 Phil. 433
- People v. Kalalo, 59 Phil. 714

- Distinguish attempted/frustrated from impossible crime

There is no crime of frustrated theft

- Valenzuela v. People, 525 SCRA 306

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 Art. 7

Art. 8
- Estrada v. Sandiganbayan, G.R. No. 148965. February 26, 2002

Art. 9
cf. Art. 25

Art. 10

B. Chapter Two: Justifying and Exempting Circumstances

Art. 11
- cf. Art. 100
- R.A. No. 9262, Sec. 26
- cf. R.A. No. 9344, Sec. 6, as amended by R.A. No. 10630

Self-defense
- De la Cruz vs. People, 741 SCRA 97 (2014)
- People vs. Gonzales, 672 SCRA 590 (2012)
- Nacnac vs. People, 668 SCRA 846 (2012)
- People vs. Sotelo, G.R. No. L-33304, Dec. 13, 1930
- People vs. Gutierrez, 611 SCRA 633
- People vs. Manulit, 635 SCRA 426

Battered woman syndrome as self-defense

- People vs. Genosa, 341 SCRA 493

Defense of relatives
- People vs. Agacer, 662 SCRA 461 (2011)
- People vs. Lopez, 585 SCRA 529

Defense of strangers
- Cabuslay vs. People, 471 SCRA 241 (2005)

Art. 12
- R.A. No. 9344, Sec. 6
- Insanity as a defense
- People vs. Tibon, 622 SCRA 510 (2010)
- Herrera vs. Sandiganbayan, 579 SCRA 32
- People vs. Domingo, 580 SCRA 436
- Sierra vs. People, 591 SCRA 666

Irresistible force and uncontrollable fear

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 - People vs. Anod, 597 SCRA 205
- People vs. Gonzales, G.R. No. 195534, June 13, 2012
- People v. Bandian, 63 Phil. 530

Stand-your-ground rule
- U.S. v. Domen, 37 Phil. 57

Absolutory causes – those where the act committed is a crime but for reasons
of public policy and sentiment there is no penalty impose.

Distinction between instigation and entrapment. The former is an absolutory

cause while the latter is not.
- cf. R.A. No. 9344, as amended by R.A. No. 10630

B. Chapter Three: Mitigating Circumstances

Art. 13
- U.S. vs. Rivera, 41 Phil. 472 - People vs. Martin, 89 Phil. 18
- People vs. de Jesus, 118 SCRA 616

- People vs. Toring, 191 SCRA 38

- People vs. Oanis, 74 Phil. 257
- People vs. Bernal, 91 Phil. 619
- U.S. vs. Reyes, 36 Phil. 904
- People vs. Pagal, 79 SCRA 570 - People vs. Doniego, 9 SCRA 541
- People vs. Lumayag, 13 SCRA 502

- U.S. vs. Taylor, 6 Phil. 162

- U.S. vs. Hicks, 14 Phil. 217

- U.S. vs. de la Cruz, 22 Phil. 429
C. Chapter Four: Aggravating Circumstances
Art. 14
- U.S. vs. Rodriguez, 19 Phil. 150 - cf. Secs. 8 & 9, Rule 110, Revised Rules of
Criminal Procedure
- People vs. Rodil, 109 SCRA 308

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 - People vs. Pagal, 79 SCRA 570
- People vs. Luchico, 49 Phil. 689
- U.S. vs. Punsalan, 3 Phil. 260
- U.S. vs. Barredo, 87 Phil. 800 - People vs. Aguinaldo, 55 Phil. 610
- People vs. Lungbos, 162 SCRA 383

- People vs. Licop, 94 Phil. 839

- People vs. Lagarto, 196 SCRA 611 - People vs. Ompad, 26 SCRA 750 -

People vs. Yturriaga, 86 Phil. 534

- People vs. Carillo, 77 Phil. 579

- People vs. Tadeo, 389 SCRA 20

- People vs. Belgar, 195 SCRA 98
- People vs. Verzo, 129 Phil. 628 - People vs. Madrid, 88 Phil. 1
Dwelling
- People v. Agcanas, 674 Phil. 626, 635 (2011)

Treachery
- People vs. Gonzales, 672 SCRA 590 (2012)

D. Chapter Five: Alternative Circumstances

Art. 15

- People vs. Fontillas, 638 SCRA 721

- People vs. Mondigo, 543 SCRA 384 - People vs. Latag, 420 SCRA 695

- People vs. Abello, 582 SCRA 378

- People vs. Sumarago, 422 SCRA 324

- People vs. Ulit, 423 SCRA 374

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 - People vs. Semanada, 103 Phil. 790 - People vs. Lauas, 58 Phil. 742

V. Title Two: Persons Criminally Liable

Arts. 16 - 20

--- People vs. Alpapara, 604 SCRA 800 David, Jr. vs. People, 562 SCRA 22 People

vs. Acebedo, 18 Phil. 428

- People vs. Montesclaros, 589 SCRA 320 - People vs. Bi-ay, 637 SCRA 828

Entrapment and Instigation

- People v. Bartolome, 690 SCRA 159

- Conspiracy

VI. Title Three: Penalties

A. Chapter One: Penalties in general

Arts. 21
- U.S. vs. Macasaet, 11 Phil. 447

Art. 22
- cf. Art. 62, RPC
- People v. Villaraza, 81 SCRA 95

Retroactive application of special penal laws

- Gonzales v. Court of Appeals, 277 SCRA 518
- Go v. Dimagiba, 460 SCRA 451 (2005)

Art. 23

Art. 24
B. Chapter Two: Classification of Penalties
Arts. 25 & 26
- R.A. No. 9346

C. Chapter Three: Duration and Effect of Penalties

1. Section 1: Duration of Penalties Arts. 27 – 29

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 - People vs. Penillos, 205 SCRA 546, 565 (1992)
- People v. Morilla, 715 SCRA 452, 463-465 (2014)
- Baking vs. Dir. of Prisons, 28 SCRA 851
- R.A. No. 7659
- People v. Bensig, G.R. No. 138989, Sept. 17, 2002
- People v. Gregorio, G.R. No. 109614-15, March 29, 1996
- R.A. No. 10592

2. Section 2: Effects of penalties according to their

respective nature
Arts. 30 – 39
- R.A. No. 10159

3. Section 3: Penalties in which other accessory penalties are inherent

Arts. 40 - 45
- B.P. Blg. 881, Sec. 118
C. Chapter Four: Application of Penalties
1. Section 1: Rules for the application of penalties to the persons criminally
liable and for the graduation of the same
Arts. 46 – 61
- cf. R.A. No. 934
- People vs. Bernardo, G.R. No. 198789, June 3, 2013
- People vs. Hernandez, 69 Phil. 515

Art. 48
- People vs. Guillen, 85 Phil. 307
- U.S. vs. Ferrer, 1 Phil. 56
- People vs. Toling, 62 SCRA 17
- Ivler vs. San Pedro, 635 SCRA 191
- Domingo vs. People, 603 SCRA 488
- People v. Nelmida, 694 Phil. 529 (2012)

Absorption of crimes

Delito continuado
- Santiago v. Garchitorena, 228 SCRA 214

2. Section 2: Rules for the application of penalties with regard to the

mitigating and aggravating circumstances and habitual delinquency

Arts. 62 -72
- People vs. Escares, 102 Phil. 677 - p. 482
- People vs. Jose, 37 SCRA 450

3. Section 3: Provisions common to Sections 1 & 2

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 Arts. 73 -77

4. Act No. 4103, as amended

- People v. Ducosin, G.R. No. L-38332, December 14, 1933
- Argoncillo v. People, 292 SCRA 313
- People vs. Temporada, 574 SCRA 258
- People vs. Gabres, 267 SCRA 581
- SC A.M. No. 15-08-02 (Aug. 4, 2015)

5. P.D. No. 968, as amended

- Santos To v. Paño, 120 SCRA8
- People vs. Evangelista, 253 SCRA 714
D. Chapter Five: Execution and Service of Penalties
1. Section One: General Provisions

Arts. 78 – 80
- cf. R.A. No. 9344, as amended by R.A. No. 10630

2. Section Two: Execution of Principal Penalties

Arts. 81 – 88
- cf. R.A. No. 9346
- People vs. de Jesus, 80 Phil. 749 – p. 515

VII. Title Four: Extinction of Criminal Liability

A. Chapter One: Total Extinction

Arts. 89 – 93
- cf. Act no. 3326, as amended by Act No. 3763 - Sec. 11, R.A.
3019, as amended
- Proclamation No. 138, August 11, 1987

Death pending appeal of judgment of conviction extinguishes his criminal

liability, as well as his civil liability ex delicto
- People v. Amistoso, 704 SCRA 369
- People v. Culas, G.R. No. 211166, June 5, 2017

Rules on survival of civil liability

- Datu vs. People, 637 SCRA 754 – p. 578

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 A conditional pardon does not operate to defeat the consideration of
recidivism as an aggravating circumstance.
- U.S. vs. Sotelo, 28 Phil. 147

Absolute pardon extinguishes all effects of the crime and it cannot be

considered as an aggravating circumstance.

- U.S. vs. Francisco, 10 Phil. 185

Marriage by the offender with the offended party must be made with the
intention of making her his wife.
- People vs. Santiago, 51 Phil. 68 - cf Art. 266-C

A Sunday or a legal holiday is not a legal efficient cause to interrupt the

prescription of a felony.
- Yapdiangco vs. Buencamino, 122 SCRA 713

Reason for the 2-month prescriptive period for slight slander.

- People vs. Maceda, 73 Phil. 679

Until when a conditional pardon becomes operative.

- Infante vs. Warden, 92 Phil. 310
B. Chapter Two: Partial Extinction

Arts. 94 – 99
- cf. Art. 29 RPC

Violation of conditional pardon

- Director of Prisons v. Ang Cho Kio, 33 SCRA 494 (1970)

Crediting of good conduct allowance vested on the Director of Prisons not

on the warden.
- People vs. Tan, 19 SCRA 433

- R.A. No. 10592

VIII. Title Five: Civil Liability

A. Chapter One: Persons civilly liable for felonies

11

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 Arts. 100 - 103

- cf. Art. 2180, parag. 4, New Civil Code

Requisites that must concur in order for the enforcement of the employer’s
subsidiary liability
- Carpio vs. Doroja, 180 SCRA 1
- Baza Marketing Corp. vs. Bolinao Security & Investigation Services, 117
SCRA 156
- Steinmetz vs. Valdez, 72 Phil. 92

Subsidiary civil liability need not be expressly pronounced in the judgment

- Philippine Rabbit Bus Lines v. People, 427 SCRA 456 (2004)
B. Chapter Two: What civil liability includes
- Arts. 104 – 111
- cf. Art. 38

Damages that may be recovered in murder

- People v. Hatsero, 700 SCRA 597
- People vs. Fortuno, 73 Phil. 429 – p. 555

Damages that may be recovered in parricide

- People vs. Tibon, 622 SCRA 510 (2010) – p. 555

What constitutes reparation

- People vs. Mostasesa, 94 Phil. 243 – p. 561

Restitution of property in the possession of a third party

- Varela vs. Finnick, 9 Phil. 482 – p. 561

Acknowledgment of offspring in rape

- U.S. vs. Yambao, 4 Phil. 204 - p. 564

Amnesty does not wipe out the civil liability

- U.S. vs. Madlangbayan, 2 Phil. 426 – p. 543

Civil liability in arson

- People vs. Murcia, 614 SCRA 741 – p. 565

Civil liability in robbery with rape

- People vs. Obina, 618 SCRA 276 – p. 570

Civil liability in rape

- People vs. Mariano, 590 SCRA 74 – p. 573

Civil liability in rape with homicide

- People vs. Valla, 323 SCRA 74

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C. Chapter Three: Extinction and survival of civil liability
Art. 112
- Art. 1231, Civil Code of the Philippines
- Balite vs. People, 18 SCRA 280 (1966)
- People vs. Bayotas, 236 SCRA 239
- People vs. Ayochok, 629 SCRA 361
- Datu vs. People, 637 SCRA 754

Art. 113
- cf. Art. 36(2)
- U.S. vs. Madlangbayan, 2 Phil. 426
- Budlong vs. Apalisok, 122 SCRA 935

P.D. No. 986 (Probation Law), as amended by R.A. No. 10707

- Colinares v. People, 662 SCRA 266

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