CRIMINAL LAW

BOOK I
Copyright © 2011 Pearson Education, Inc. Publishing as Prentice Hall
Criminal Law

• is that branch of public law

which
(a) defines crimes;
(b) treats of its nature; and
(c) provides for their punishment.

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What are the elements of a
crime?
Crime - is defined as an:
a)act committed; or
b)act omitted
in violation of public law (rpc)
commanding or forbidding it. (that may
be prosecuted by the state and is
punishable by law.)
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What are the sources of
Criminal Law?
• Sources of the Philippine Criminal Law:
1. The Revised Penal Code which is Act No.
3815, as amended and approved on
December 8, 1930 which took effect on
January 1, 1932.
2. Special Laws passed by Congress which are
penal in nature.
3. Presidential Decrees during Martial Law era.

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  What is the so-called
Police Power?
• Power to define and punish crimes
– is the power of the State under its
police power to define and punish
crime in order to regulate the conduct
of men in society for the purpose of
attaining a peaceful community and
fear to commit crimes (for the common
good/welfare).
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What are the limitations on the power of
Congress to enact penal laws?

1. Criminal law must be general in

application - meaning that, with some
exceptions, it must be applicable to all
persons, otherwise it would violate the
equal protection clause of the
Constitution.
2. Penal laws must not partake of the
nature of an “Expost Facto Law”.

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What is an Export Facto Law
Expost facto law - is a law that
punishes an act or omission done before
the effectivity date of the law.
3. Penal laws must not partake of the
nature of a Bill of Attainder or one which
punishes without the benefit of due
process.

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What are the characteristics
of criminal law?

1. Generality
2. Territoriality
3. Prospectivity
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Problem Definition Steps

• Find a number of points that may be

included in one issue.
• State the objective.
• Determine the relative importance of
the issues or objectives.
• Identify which objectives are most
critical.

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 What is the concept of
Generality?
Generality – it deals about persons who are here in the
Philippines even as visitors or tourists. They, regardless
of their race, belief, sex or creed, are bound by our
criminal law once they committed crimes here.
Exception: That which is brought about by international
agreement and law of preferential application exempting
from suit such as Ambassadors, Chiefs of States and other
diplomatic official who are immune from suit because they
are considered extension of the country they represent.
 

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Consolidated.legal@yahoo.com 3-10
 What is the concept of
Territoriality?

Territoriality – it deals about

crimes committed within the
territory of the Philippines, be it
land or terrestrial, sea or
maritime, or aerial.

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What are the instances when criminal law of
the Philippines will still apply even if the
offense is committed outside of its territory?
 The offense was committed while on the Philippine ship or airplane;
 Forging or counterfeiting any coin or currency notes of the Philippines
or obligations and securities issued by the Government committed
outside of the Philippine territory.
 Importing or bringing into the Philippines any counterfeited or forged
coin, currency note, or obligation or security issued by the government.
 While being public officer or employee, should commit an offense in
the exercise of his function.
 Should commit any of the crimes against national security and the law
of nation as defined in the Tile One, Book Two of the RPC.
 Crimes are committed within the Phil. Embassy to other country even if
the crime committed does not pertain to performance of duty. Phil.
Embassy to other country is considered as extension of Phil. Territory.

-jc Crim Law I 3-12

 What are the rules in terms of jurisdictional anent
crimes committed on board foreign merchant
vessel in territorial waters of another state?

French Rule – such crimes are not triable in territorial

state unless affecting peace and security of that state
(Nationality Rule).
English Rule – such crimes are triable in the territorial
state, unless such crime only affects the internal
management of the vessel (Territorial Rule)
Philippine courts have no jurisdiction over offenses
committed on board a foreign warship even within our
territory. Warships are always regarded to be an
extension of the territory of the country where they
belong.

torni99 Crim Law I Saturday, September 01, 2018

What is the concept of
Prospectivity ?

• – It deals about the effectivity of the law that

punishes the act committed or omitted. Acts or
omissions will only be subject to a penal law if
they are committed after a penal law had
already taken effect. Exception: When a
repealing law is favorable to the accused, it
should be given retroactive effect, provided the
accused or convicted offender is not a habitual
criminal and the law does not provide otherwise.
Theories of criminal law:

1. Juristic Theory

2. Positivist/Realistic Theory

3. Electic/Mixed Theory

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 Economic Feasibility
• Electic/Mixed Theory- is the combination of both
the positivist and classical thinking which our RPC
today follows. Crimes that are economic and social in
nature should be dealt with in a positivist manner,
thus the law is more compassionate. Heinous crimes
should be dealt with in a classical manner, thus
capital punishment. Example: Intoxication of the
offender is considered to mitigate his criminal
liability; The age of the offender is considered; and
The woman who killed her child to conceal her
dishonor has in her favor a mitigating circumstance.
Revised Penal Code

under Art. 1 (Act 3815), took effect on the

first day of January, 1932. It is divided
into two books. \Book 1 embraces articles
1-113, containing the general rules
applicable to all felonies, while Book 2,
embraces articles 114-367, containing
specific rules to particular crimes.
 
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Ascertaining Hardware and
Software Needs
• Steps used to determine hardware and
software needs:
• Inventory computer hardware currently
available
• Estimate current and future system
workloads
• Evaluate available hardware and software
• Choose the vendor
• Acquire the computer equipment

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What is a Felony ?

- defined as acts and/or

omissions punishable by law
referring to violation of the
provisions of the RPC.
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What are the Elements of
Felony, in General?
1. That there must be an act
or omission;
2. That the act or omission
must be punished by law;
3. That the act is performed or
the omission incurred by
means of deceit or fault.
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 What is meant by ACT?

- refers to any kind of

body movement that
produces change in
the outside world.
What is Omission?
is inaction, the failure to perform
a positive duty which he is
bound to do. There must be a
law requiring the doing or
performing of an act.
 
 What are the classification of felonies:
Felony by means of deceit (dolo) or intentional felony
– the act or omission of the offender is malicious, with
deliberate intent or with malice.
2. Felony by means of fault (culpa) or culpable
felony – the act or omission of the offender is not
malicious, nor intentional, it is merely the incident of
another’s act performed without malice. The wrongful
act results from imprudence, negligence, lack of skill
or lack of foresight.
What are the Elements of Felony
Committed by means of Deceit
(Dolo)?
1. Freedom while doing an act or omitting to
do the act;
2. Intelligence while doing an act or omitting
to do an act;
3. Intent while doing an act or omitting to do
an act- manifested by the use of particular
means to bring about a desired result, by
the instrument used by the offender.
 Is criminal intent required in
violation of special law?

in crime defined and

penalized by special law,
criminal intent is not
necessary, but only intent to
perpetrate the act.
 Elements of Felony Committed
by means of Fault (Culpa)?

Freedom while doing an act or

omitting to do an act;
Intelligence while doing an act or
omitting to do an act.
Imprudence, negligence, lack of skill
or lack of foresight while doing an act
or omitting to do an act.
 What is Mistake of fact?
- is misapprehension of fact on the part
of the person who causes injury to
another. An honest mistake of fact
destroys the presumption of criminal
intent which arises upon the
commission of a felonious act, hence
an accused who acted under a mistake
of fact is not criminally liable.
 What are the Elements of
Mistake of Fact?
That the act done would have been
lawful had the facts been as the
accused believed them to be;
That the intention of the accused in
performing the act should be lawful; &
That the mistake must be without fault
or carelessness on the part of the
accused.
 What are the Distinctions
between intent and motive?
• Intent is a purpose to use particular
means, motive is impelling reason;
• Intent is an element of a crime, motive
is not;
• Intent is always essential in intentional
felonies, motive is essential only when
identity of perpetrator is in doubt.
 What are the Classifications of
crimes according to its nature?

Mala in Se- wrongful from its nature like

rape, robbery, murder, etc.
Mala Prohibita- a crime because the act
is prohibited by special law,
like dynamite fishing, illegal
logging, etc.
 What are Distinctions between
mala in se and mala prohibita?
o Crimes mala in se are those so serious in their
effects on society as to call for the almost
unanimous condemnation of the society
(inherently evil); while crimes mala prohibita are
violations of mere rules of convenience designed
to secure a more orderly regulation of the affairs
of the society.
o In acts mala in se, the intent governs; while in
mala prohibita, the only inquiry is, has the law
been violated?
What are the instances of
incurring criminal liability?
• Commission of a felony although the
wrongful act done be different from that
which he intended to commit.
• Performance of an act which would be an
offense against persons or property were it
not for the inherent impossibility of its
accomplishment or on account of the
employment of inadequate or ineffectual
means (Impossible Crime).
Instances of wrongful act done
different from that intended?
• Mistake of identity or error in personae - The intended
victim was not at the scene of the crime, it was the actual
victim upon whom the blow was directed, but he was not
really the intended victim, there was a mistake in identity.
• Mistake of the blow or aberration ictus - The intended
victim as well as the actual victim are both at the scene of the
crime. A person directed the blow at an intended victim but
because of poor aim, that blow landed on somebody else
• Lack of intent to commit so grave a wrong or praeter
intentionem -It is mitigating circumstances covered by par.
3, Art. 13. There must be a notable disparity between the
means employed and the resulting felony.
What are the Elements of
impossible crime?
1. That the act performed would be an
offense against person or property;

2. That the act was done with evil intent; and

3. That its accomplishment is inherently

impossible or that the means employed is
either inadequate or ineffectual.
Stages of execution of felony, referring only
to crimes committed by means of dolo?

 Consummated – all the elements necessary for its

execution and accomplishment are present. Subjective and
objective phases have already passed.
 Frustrated- the offender has performed all the acts of
execution to produce the felony as a consequence but the
crime does not result due to some cause or causes
independent of the will of the offender. Subjective phase is
completed.
 Attempted - the offender begins the execution of the
felony by direct overt acts but does not perform all the acts
of execution which should produce the felony as a
consequence by reason of some cause or accident other
than his own spontaneous desistance. It is within the
subjective phase, meaning the offender has still control of
his acts.
 Two tests to determine whether the felony
committed is attempted or frustrated?
 SUBJECTIVE PHASE – is that portion of the execution of
the felony starting from the point where the offender
begins, up to that point where he has control over
his acts. If it reaches the point where he has no more
control over his acts, the subjective phase in the commission
of the crime is completed. If a person while performing acts
that are within the subjective phase is interrupted such that
he is not able to perform all the acts of execution, the crime
committed would be attempted
 OBJECTIVE PHASE – covers that period of time where
the subjective phase has ended and where the
offender has no more control over the effects of his
criminal acts. If the subjective phase is completed or has
already passed, but the felony was not produced
nonetheless, the crime committed as a rule would be
frustrated.
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 When does Conspiracy exist?

It exists when two or more

persons come to an agreement
concerning the commission of
a felony and decide to commit
it.
 What are the two kinds of
conspiracy?
• Conspiracy as a crime – mere conspiracy is
punishable.
• Conspiracy as a manner of incurring criminal
liability – not punishable until converted into
action or all or one of the conspirators
commit any overt act, all of them are liable.
 What does proposal exist?
It exists when the person or persons who
decided to commit a felony proposes its
execution to some other person or persons.
Only the person proposing or the proponent
is criminally liable for he is the only one
who entertains the ideas and who is decided
to commit the same.
 Classification of a felony
according to gravity?
Grave Felonies - are those in which the law attaches a capital
punishment or a penalty which is afflictive in any of its periods, or those
the maximum penalty of imprisonment of which is more than 6 years.
Less Grave Felonies - are those in which the penalties in their
maximum period are correctional, or those the imposable penalty of
imprisonment of which ranges from 1 month and 1 day to 6 years.
Light Felonies - are those infractions of law in which the penalty is
arresto menor or a fine not exceeding P200.00 or both, or those the
imposable penalty of imprisonment of which ranges from 1 day to 30
days.
 What is a Special Law?

•is any law that is penal in nature,

that is not defined and punished
under the RPC. Example: Illegal
possession of Firearm (PD 1866,
as amended); Illegal Fishing
 Circumstances affecting criminal
liability and their definitions?
1. Justifying – those wherein the acts of the actor are in accordance with law and,
hence, he incurs no criminal and civil liability. Here, there is neither crime nor
criminal.
2. Exempting – those wherein there is an absence in the agent of the crime any of
all the conditions that would make an act voluntary and, hence, although there is no
criminal liability, there is civil liability. Here, there is crime but no criminal.
3. Mitigating – those that have the effect of reducing the penalty because there is
a diminution of any of the elements of dolo or culpa, which makes the act voluntary
or because of the lesser perversity of the offender .
4. Aggravating – those which serve to increase the penalty without exceeding the
maximum provided by law because of the greater perversity of the offender as shown
by the motivating power of the commission of the crime, the time and place of its
commission, the means employed or the personal circumstances of the offender.
5. Alternative - those which are either aggravating or mitigating according to the
nature and effects of the crime and other conditions attending its commission (Art.
15).