Principles of Criminal Law for Police Officers

Lesson 4.
1 Revised Penal Code Book 1
Module 2.1
Revised Penal
Code Book 1
Principles of Criminal Law
Investigation Officers Basic Course

Lesson 4.1 Revised Penal Code Book 1
Module 2.1
Lesson Goal
This lesson aims to provide

knowledge on the principles of
Criminal Law.

Module 2.1
Lesson Objectives
After this lesson, the students will be able to:
• Identify the General Principles and Characteristics

of Criminal Law
• Explain how Criminal Liability is Incurred
• Explain the Circumstances Affecting Criminal Liability
• Identify the Persons with Criminal Liability
• Distinguish Complex Crimes and other Forms of
Multiple Crimes

Module 2.1
As police officers, why is it

important for you to learn the
principles of Criminal Law?

(First Session)
D efini tion of Terms
Module 2.1 Scope of Presentation
Appl icabi lity of Cri mi nal Law

Stages and Severi ty of Felony
C ri mi nal Liabil ity
C ir cum stances Affecti ng C ri mi nal Liabil ity ( Justifying and Exem pting)

(Second Session) Module 2.1 Scope of Presentation
•Circumstances Affecting Criminal Liability(Mitigating/Aggravating)

•Personswith Criminal Liability
•Complex Crimes and Other Forms of Plurality of Crimes

Criminal law- defines crimes, treats of their

nature and provides for their punishment.

Crime- an act or omission forbidden by law.
• Felony- Revised Penal Code (Mala Inse)

Module 2.1
• Offense- Special law (Mala Prohibita)
• Infraction- ordinance
Investigation
Investigation Officers Basic
Officers Basic Course
Course
Characteristics of Criminal Law
General – binding to all persons who reside

in the Philippines
Territorial – binding to all crimes committed within

the National Territory of the Philippines
Prospective – the law does not have any

retroactive effect
Investigation
Course
Module 9.2- Managing Trafficking in Persons
Applicability Outside Territory
• Philippine ship or airship;

• Forging or counterfeiting any coin or currency note
• Introduction of the obligations and securities
• Public officers or employees who committed an offense
• Crimes against the national security and the law of
nations
EXTERRITORIALITY- Diplomatic Immunity for Heads of

States, Ambassadors, Diplomats and their maids
Investigation
Course
Stages of Felony
1. Consummated - all the elements necessary for its

execution and accomplishment are present

2. Frustrated - all the acts of execution but do not produce it
by reason of cause independent of the will of the perpetrator
3. Attempted – commences but does not perform all the acts

of execution by reason of some cause or accident other than
his own spontaneous desistance
Investigation
Course
Module 2.1
Severity of Felony
1. Grave - capital/afflictive penalties
2. Less grave - correctional penalties

3. Light - arresto menor or fine not exceeding
Php 200, or both
Investigation
Course
Criminal Liability

Felony committed different from that intended
1.
to be committed

a. Felony committed intentionally
b. Injury or damage is the direct, natural and

logical consequence of the felony
Investigation
Course
Module 2.1
Without Criminal Liability: Mistake of Fact
US vs Ah Chong
Defendant struck a fatal blow in the firm belief

that the intruder who forced open the door of
his sleeping room was a
thief, from whose
assault he was in imminent peril.
Investigation
Course
Module 2.1
With Criminal Liability : Mistake in Identity( Error In Personae)
People vs Oanis
Appellants had ample time and

opportunity to ascertain his identity without
hazard to themselves, and could even
effect a bloodless arrest
Investigation
Course
Mode 2.1
With Criminal Liability : Praeter intentionem
People vs Cagoco
Death was the direct consequence of

defendant’s felonious act of striking him on the
head.
With Criminal Liability: Mistake in the blow

(Aberratio Ictus)
Investigation
Course
Module 2.1
Criminal Liability
2. Impossible Crimes

• Offense against persons or property
• With criminal intent
• Accomplishment is impossible
• Not an actual violation of law
Investigation
Course
Module 2.1
Circumstances Affecting Criminal Liability
A. Justifying Circumstances
B. Exempting Circumstances
C. Mitigating Circumstance
D. Aggravating Circumstance
E. Alternative Circumstances
Investigation
Course
Module 2.1
A. JUSTIFYING CIRCUMSTANCES:
1. Self- defense
2. Defense of relative
3. Defense of stranger
4. State of necessity
5. Fulfillment of duty
6. Obedience to superior order
Investigation
Course
JUSTIFYING CIRCUMSTANCES
1. Self-defense

a. Unlawful Aggression – is a physical
act manifesting danger
b. Reasonable necessity of the means

employed to prevent or repel it
c. Lack of sufficient provocation on the

part of the person defending himself
Investigation
Course
Module 2.1
2. Defense of Relative

a. Unlawful aggression

employed to prevent or repel the
attack
c. In case provocation was given by the

person attacked, the person making the
defense had no part

Investigation
Course
Module 2.1
Relatives entitled to the defense:
• Spouse
• Ascendant
• Descendants
• Legitimate, natural or adopted
brothers or sisters
• Relatives by affinity in the same
degree
• Relatives by consanguinity within the
4th civil degree.

Investigation
Course
JUSTIFYING CIRCUMSTANCESModule 2.1

3.Defense of Stranger

a. Unlawful aggression

employed to prevent or repel the attack
c. Not induced by revenge, resentment or

other evil motive
Investigation
Course
Module 2.1
4. State of Necessity

a. Evil sought to be avoided actually exists
b. Injury feared be greater than that done to

avoid it
c. No other practical and less harmful

means of preventing it

Investigation
Course
JUSTIFYING CIRCUMSTANCESModule 2.1

5. Fulfillment of Duty or Lawful Exercise of
a Right or Office
a. Acted in the performance of a duty, or in the

lawful exercise of a right or office
b. Injury caused or offense committed is the

necessary consequence of the due performance of
the duty, or the lawful exercise of such right or
office.
Investigation
Course
Module 2.1
JUSTIFYING CIRCUMSTANCES: Fulfillment of Duty
People v. Peralta
Injuries caused by appellant was not a necessary
consequence of his performance of duties
Masipequina and Alampayan vs Hon CA

The performance of duties brings to fore another
circumstance that would justify Alampayan’s
wounding of Leopoldo Pontane, for the same Article
11 of the Revised Penal Code exempts from liability
any person who acts in the fulfillment of a duty or in
the lawful exercise of a right or office.
Investigation
Course
Module 2.1
JUSTIFYING CIRCUMSTANCES: Fulfillment of Duty
Video Clip
Pasay Hostage Taking

Police officer must not be negligent in the
performance of duty to invoke this
circumstance
Investigation
Course
JUSTIFYING CIRCUMSTANCES Module 2.1

6. Obedience to a Superior Order

a. there is an order for a legal purpose;
b. the means used to carry out said order is lawful
People vs. Dario Margen

Obedience to an order of a superior gives rise to
exemption from criminal liability only when the order
is for some lawful purpose.
Investigation
Course
Module 2.1
B. EXEMPTING CIRCUMSTANCES
1. Insanity/Imbecility
2.&3. Minority -amended by RA 9344
4. Accident
5. Irresistible Force
6. Uncontrollable Fear
7. Insuperable Cause
Investigation
Course
EXEMPTING CIRCUMSTANCES
1. Imbecile - advanced in age

- has a mental
development of 2 and 7
years old
Insane - acts with complete deprivation

of intelligence or reason or
discernment
- with LUCID INTERVAL
Investigation
Course
Module 2.1
MINORITY (RA 9344)
2. 15 years old and below
3. Above 15 but below 18 who has acted

without discernment

Investigation
Course
Module 2.1
4. Accident
a. Person is performing a lawful act
b. With due care
c. Causes injury to another by mere accident
d. Without fault or intention of causing it
Investigation
Course
5. Irresistible Force 6. Uncontrollable Fear

Physical force Threat which promises an
equal or greater injury
Must be irresistible An evil of such gravity and
imminence which an
ordinary man will succumb
to it
From a third person From a third person
Investigation
Course
Module 2.1
7. Insuperable Cause
a. An act is required by law to be done
b. A person fails to perform such act
c. Failure to perform such act was due to
some lawful or insuperable cause
• ex: Violation of Art 125 of RPC due to calamity

( Delay in the Delivery of Person Arrested)
Investigation
Course
Module 2.1
C. MITIGATING CIRCUMSTANCES
1. Incomplete Justifying/Exempting-all
the requisites to justify or to exempt
the act are not present
2. Senility- over 70 years old
3. Praeter Intentionem- no intention to

commit so grave a wrong as that
committed
Investigation
Course
Module 2.1
MITIGATING CIRCUMSTANCES
4. Sufficient provocation or threat

a. Provocation must be sufficient
Provocation-unjust or improper conduct capable

of exciting, inciting or irritating anyone

Sufficient–adequate enough to excite a person to
commit the wrong ;proportionate
b. From the offended party
c. Immediate to the commission of the crime

Investigation
Course
Module 2.1
5. Immediate vindication of a grave offense
a. grave offense done to the offender/his relatives
b. in vindication of such grave offense
US vs Ampar
It is evidently was a serious matter for an old
man to be made the butt of a joke in the presence of so
many guests.
Investigation
Course
MITIGATING CIRCUMSTANCESModule 2.1

6. Passion or Obfuscation
a. offender acted on impulse powerful
enough to produce passion or obfuscation
b. the act was committed not in the spirit of

lawlessness or revenge
c. the act must come from lawful sentiments

Ex: Crimes of Passion

Investigation
Course
7. Voluntarily Surrender Confession of Guilt

The offender was not Offender spontaneously
actually arrested confessed his guilt
Surrendered to person in In open court
authority/agent
Voluntary and Prior to the presentation of
spontaneous evidence for the prosecution
Investigation
Course
8. Physical Defect 9. Illness of Offender
Deaf and dumb, blind or Suffering illness
otherwise suffering from
some physical defect
Restricts his means of Diminishes the
action defense or exercise of his will-
communication with others power
Relate to the offense Not deprive the
committed offender of
consciousness of his
acts
Investigation
Course
MITIGATING CIRCUMSTANCES Module 2.1

10. Similar and Analogous Circumstances
a. Defendant who is 60 years old with failing

eyesight (70 years old)
b. Outraged feeling of owner of animal taken for

ransom (vindication of grave offense)
c. Impulse of jealous feeling (passion)
d. Extreme poverty (incomplete state of necessity)

Investigation
Course
Module 2.1
AGGRAVATING CIRCUMSTANCES
Kinds:
• Generic – all crimes
• Specific – specific crimes
• Qualifying – changes the nature of the crime
• Inherent – necessarily accompanies the

commission of the crime
Investigation
Course
1. Advantage be taken by the offender of his

public position
a. offender: public officer

b. must use the influence, prestige, or
ascendancy as means to realize criminal
purpose

Investigation
Course
Module 2.1
2. In contempt/with insult to public authorities
a. Offender knows that a public authority is present

b. Public authority is engaged in the exercise
of his functions
c. Public authority is not the victim of the crime
d. Public authority’s presence did not prevent
the criminal act
Investigation
Course
Module 2.1
3. Insult /in disregard of the respect on account of

• Rank – difference in the social condition of the
offender and the offended party
• Age – victim is of tender age as well as of old age
• Sex – refers to the female sex
• Dwelling - building or structure exclusively used for

rest and comfort.; even temporary;
offended party did not give any provocation
Investigation
Course
Module 2.1
4. Abuse of Confidence Obvious Ungratefulness

Offended party had trusted the Offended party had trusted
offender the offender
Offender abused such trust by Offender abused such trust
committing a crime against the by committing a crime
offended party against the offended party
Abuse of confidence facilitated Act be committed with
the commission of the crime. obvious ungratefulness
Ex: Maid stole from employer Guest who raped his host’s
daughter
Investigation
Course
Module 2.1
5. In the palace of the Chief Executive

In the presence of Chief Executive
When public authorities are engaged in the
discharge of their duties
In a place dedicated to religious worship
6. Nighttime
Uninhabited place
By a band
(Must facilitate the commission of the crime)
Investigation
Course
AGGRAVATING CIRCUMSTANCESModule 2.1

7. On the occasion of a conflagration,
shipwreck, earthquake, epidemic or other
calamity or misfortune
8. W/ the aid of armed men or persons

who insure or afford impunity

Investigation
Course
9. Recidivism 10. Reiteracion
At the time of his trial for one Has been previously punished
crime, shall have been for an offense to which the law
previously convicted by final attaches an equal or greater
judgment of another crime penalty or for two or more
embraced in the same title of crimes to which it attaches a
the RPC lighter penalty
Enough that final judgment Necessary that offender shall
has been rendered in the first have served out his sentence for
offense the first sentence
Previous and subsequent Previous and subsequent

offenses must be embraced in offenses must not be embraced
the same title of the Code in the same title of the Code
Investigation
Course
Module 2.1
11. In consideration of a price, reward or promise
a. There are at least 2 principals

1) The principal by inducement
2) The principal by direct participation

b. the price, reward, or promise should be
previous to and in consideration of the
commission of the criminal act
Investigation
Course
Module 2.1
12. Crime be committed by means of:

• Inundation
• Fire
• Poison
• Explosion
• Stranding a vessel
• Intentional damage thereto
• Derailment of a locomotive
• By use of any other artifice involving great
waste or ruin

Investigation
Course
Module 2.1
13. Evident premeditation
a. Time when the offender determined to commit

b. An act manifestly indicating his determination
c. Sufficient lapse of time
People vs Diaz
Offenders conspired; after sufficient lapse
of time; armed themselves; waited for the victim on
his way down the mountain and killed him.
Investigation
Course
Module 2.1
14. CRAFT FRAUD DISGUISE

Use of Use of direct Use of
intellectual inducement device to
trickery and by insidious conceal
cunning to words or identity
arouse. machinations

suspicion of
the victim
*Must facilitate the commission of the crime
Investigation
Course
Module 2.1
15. Advantage be taken of superior strength,

or means be employed to weaken the
defense

- Offender purposely use excessive force
out of the proportion to the means of
defense available to the person attacked
Investigation
Course

AGGRAVATING Module 2.1
CIRCUMSTANCES
16. Treachery

a. at the time of the attack, the victim was
not in the position to defend himself
b. the offender consciously adopted the

particular means, method or form of attack
employed by him

Investigation
Course
17. Ignominy 21. Cruelty

Adds disgrace and Culprit enjoys and
obloquy to the material delights in making his
injury caused by the victim suffer slowly and
crime gradually
More humiliating and Causing unnecessary
shameful for the victim physical pain in the
consummation of the
criminal act
Moral suffering Physical suffering
Investigation
Course

AGGRAVATING Module 2.1
CIRCUMSTANCES
18. Unlawful entry – when an entrance is

effected by a way not intended for the purpose

19. A wall, roof, door or window be broken-
means to the commission of the crime
Note: Police officer’s Right to break in and out

20. With the aid of persons under 15, or by
means of motor vehicles, airships or other
similar means
Investigation
Course
Module 2.1
E. Alternative Circumstances
1. Relationship
2. Intoxication
3. Degree of Instruction/Education
Investigation
Course
Alternative Circumstances
1. Relationship
Mitigating Aggravating
In crimes against In crimes against persons – in cases
property (robbery, where the offender, or when the
usurpation, offender and the offended party are
fraudulent insolvency,relatives of the same level, as killing a
arson) brother, adopted brother or half-brother.
Always aggravating in crimes against
chastity.
Note: Absolutory Cause for Relatives : Crimes Against Property

InvestigationOfficers
BasicCourse
Course
Alternative Circumstances
2. Intoxication
a. If intoxication is not a. If intoxication is habitual,
habitual such habit must be actual and
b. If intoxication is not confirmed
subsequent to the plan to b. If its intentional, it must be
commit a felony subsequent to the plan to
commit a felony
Investigation
Course
Alternative Circumstances Module 2.1

3. Degree of Instruction/Education
a. The offender has low a. The offender has a high
degree of instruction degree of instruction and
education or the lack of it. education
b. He does not fully realize b. He avails himself of his

the consequences of his learning in committing the
criminal act. offense.
Investigation
Course
Module 2.1
Persons criminally liable :
A. Principals
B. Accomplices
C. Accessories
Investigation
Course
Case Analysis:
Module 2.1
A was threshing the palay stock near the premises of
the victim, Barangay Chairman B, when the accused, C,
arrived and threatened him with a gun while saying that
he better go home or he will be killed. C
wanted the palay in his barrio to be threshed in his own
thresher. While A was on his way home, he was stopped
by C with his two sons, D and E. C who was armed with
a bolo, warned A to never to return. The victim, B, who
saw the incident, asked C to leave A alone. C was
enraged and so he and his 2 sons chased B. C hacked
B to death while being held by his two sons. Determine
the degree of participation of C, D and E.

Investigation
Course
Persons criminally liable

Principals
• By Direct Participation-personally takes part
in the execution
• By Inducement-by force or by giving

reward/price/promise or by words of command
• By Indispensible Cooperation-performed
another act, without which it would not have
been accomplished
Note: CONSPIRACY - all are principals

Investigation
Course
Module 2.1
Accomplices
Not considered as principals but took part in

the commission of the crime by either
simultaneous or previous acts

Investigation
Course
Module 2.1
. Accessories

1. Profiting or assisting the offender to
profit by the effects of the crime
2. Concealing or destroying the body

of the crime and effects
Investigation
Course
2.

Accessories
3. Harboring, concealing, or assisting in the
escape of the principals of the crime
• By a public person with abuse of his public

functions
• By a private person -Offender is convicted

of Treason, Murder, Parricide, attempt to
take the life of the President; or known to
be habitually guilty of some other crime.
Investigation
Course
Module 2.1
Complex Crimes
• Compound Crime- single act constitutes
two or more grave or less grave
felonies
• Complex Crime Proper-offense is a

necessary means for committing the
other

Investigation
Course
Module
Case Analysis:
2.1
At 1:30 AM, Mrs. N was suddenly roused from her
sleep by F, who was wearing black shirt but no longer
wearing his pants. She tried to scream but F hurriedly
poked a balisong at her neck and warned her not to
make any sound. He threatened to kill her, started
kissing her and raped her. After satisfying his lust, he put
on his shorts and ordered the victim to bring out her
money. Fearing for her life, she reluctantly pointed to
the closet where F took her money and her husband’s
wristwatch.
Complex Crime of Robbery with Rape or Rape

and Robbery as separate crimes?
Investigation Officers
Investigation Basic
Course
Module
Case Analysis:
2.1

A and other guards commenced firing at a large
group of people at a signal of L. They continued
firing until L gave a cease-fire signal. Fifty people
died in the slaughter.

Is there a complex crime committed or should
the 50 killings be counted as separate crimes?
Investigation
Course
Module 2.1
No Complex Crime in the following cases:
• When one offense is committed to conceal the

other
• When the other crime is an indispensable part or an

element of the other offense
• Where one of the offenses is penalized by a

special law
• In case of a continuing crime
Investigation
Course
Other Forms of Plurality of Crimes
• Continuing Crime-a single crime consisting of series of

facts but all arising from one criminal resolution
Ex: Theft of roosters from a compound
• Transitory crime-moving crime; Ex: KFR
• Special Complex Crime- covered by a provision of the

RPC. Ex: Robbery with Rape/Homicide/Serious Physical
Injuries/Mutilation under Article 294
Investigation
Course
Module 2.1
Summary:
• 3 Characteristics of Crim Law

Generality, Territoriality and Prospectivity
• 4 Instances of Incurring Criminal Liability

Error in personae, Aberratio Ictus and Praeter
Intentionem, Impossible Crime
Investigation
Course
Module 2.1
Summary:
• 5 Circumstances Affecting Criminal Liability

Justifying, Exempting, Mitigating, Aggravating and
Alternative
• 3 Persons w/ Criminal Liability

Principals, Accomplices and Accessories
Investigation
Course
Module 2.1
Summary:
• 2 Kinds of Complex Crimes

Compound Crime and Complex Crime proper
• 3 Other Forms of Plurality of Crimes

Continuing Crimes, Transitory Crimes and Special
Complex Crimes
Investigation
Course
Module 2.1
HOPE YOU HAVE LEARNED SOMETHING!
THANK YOU AND HAVE A GOOD

DAY. 
Investigation
Course

Principles of Criminal Law for Police Officers

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Lesson 4.

1 Revised Penal Code Book 1

Investigation Officers Basic Course

This lesson aims to provide

Investigation Officers Basic Course

• Identify the General Principles and Characteristics

Investigation Officers Basic Course

As police officers, why is it

Investigation Officers Basic Course

Appl icabi lity of Cri mi nal Law

Investigation Officers Basic Course

(Second Session) Module 2.1 Scope of Presentation

•Circumstances Affecting Criminal Liability(Mitigating/Aggravating)

Investigation Officers Basic Course

Criminal law- defines crimes, treats of their

• Felony- Revised Penal Code (Mala Inse)

Characteristics of Criminal Law

General – binding to all persons who reside

Territorial – binding to all crimes committed within

Prospective – the law does not have any

Applicability Outside Territory

• Philippine ship or airship;

EXTERRITORIALITY- Diplomatic Immunity for Heads of

1. Consummated - all the elements necessary for its

3. Attempted – commences but does not perform all the acts

2. Less grave - correctional penalties

b. Injury or damage is the direct, natural and

Defendant struck a fatal blow in the firm belief

Appellants had ample time and

Death was the direct consequence of

With Criminal Liability: Mistake in the blow

b. Reasonable necessity of the means

c. Lack of sufficient provocation on the

b. Reasonable necessity of the means

c. In case provocation was given by the

JUSTIFYING CIRCUMSTANCESModule 2.1

b. Reasonable necessity of the means

c. Not induced by revenge, resentment or

b. Injury feared be greater than that done to

c. No other practical and less harmful

JUSTIFYING CIRCUMSTANCESModule 2.1

a. Acted in the performance of a duty, or in the

b. Injury caused or offense committed is the

Masipequina and Alampayan vs Hon CA

Pasay Hostage Taking

JUSTIFYING CIRCUMSTANCES Module 2.1

People vs. Dario Margen

1. Imbecile - advanced in age

Insane - acts with complete deprivation

MINORITY (RA 9344)

2. 15 years old and below

3. Above 15 but below 18 who has acted

a. Person is performing a lawful act

b. With due care

c. Causes injury to another by mere accident

d. Without fault or intention of causing it

5. Irresistible Force 6. Uncontrollable Fear

• ex: Violation of Art 125 of RPC due to calamity

2. Senility- over 70 years old

3. Praeter Intentionem- no intention to

4. Sufficient provocation or threat

Provocation-unjust or improper conduct capable