CRIMINAL LAW I :

CRIMINAL LAW I

international agreements and practice. Meaning, penal laws may

apply OUTSIDE of its TERRITORY.

Coverage of Criminal Law I :

Coverage of Criminal Law I Art. 1-2: Preliminary Title: Date of
Effectiveness and Application of the Provisions of this (RPC) Code
Art. 3-15: Title One: Felonies and Circumstances which Affect
Criminal Liability Art. 16-20: Title Two: Persons Criminally Liable
for Felonies

Composition of Territory :
Composition of Territory Territorial Jurisdiction: The jurisdiction
exercised of a country over bodies of land, defined in the
Constitution. Fluvial Jurisdiction: The jurisdiction over maritime and
interior waters. Aerial Jurisdiction: The jurisdiction over the
atmosphere.

Slide 3:
Art. 21-88: Title Three: Penalties Art. 89-99: Title Four: Extinction of
Criminal Liability Art. 100-113: Title Five: Civil Liability

Exceptions to Territoriality :
Exceptions to Territoriality This is taken up in Art. 2 of the Revised
Penal Code (RPC).

Definition of Criminal Law :

Definition of Criminal Law It is that branch of law which defines
crimes, treats of their nature and provides for their punishment.

Prospectivity :
Prospectivity It means that acts or omissions will only be subject to a
penal law if they are committed after a penal law had already taken
effect. It is subject to certain EXCEPTIONS.

Types of Crimes :
Types of Crimes Felony punishable by the Revised Penal Code
(RPC) Offense punishable by Special Laws Infraction punishable
by city/municipal ordinance
Sources of Criminal Law :
Sources of Criminal Law Spanish Codigo Penal Revised Penal Code
(Act 3815, enacted December 8, 1930 and took effect on January 1,
1932) Special Penal Laws (Commonwealth Acts, Republic Acts,
Presidential Decrees, Executive Orders, and Batas Pambansa)
Power to Define and Punish Act as Crime :
Power to Define and Punish Act as Crime This power is vested upon
the Legislative Branch of Government. In many instances in our
history, however, this power was also exercised by the Executive
Branch. Thus, we have Commonwealth Acts, Presidential Decrees
and Executive Orders.
Limitations on Power to Enact Penal Laws :
Limitations on Power to Enact Penal Laws Penal laws must be
general in application. Penal laws must not partake the nature of an
EX POST FACTO LAW a law that punishes an act or omission
done before the effectivity date of the law. Penal laws must not
partake the nature of a BILL OF ATTAINDER one which punishes
without the benefit of due process.
Slide 9:
Penal laws must not impose cruel and unusual punishment nor
excessive fines.
Characteristics of Criminal Law :
Characteristics of Criminal Law
Prospectivity

Generality

Territoriality

Exceptions to Prospectivity :
Exceptions to Prospectivity Effect: The law may be given retroactive
effect, that is, the (new) law may apply to those persons covered
under the old law, provided the following are present: The (new) law
is favorable to the offender; The offender is not a habitual delinquent;
and There is no provision in the (new) law against its retroactive
application.
Philosophies underlying Criminal Law System :
Philosophies underlying Criminal Law System Classical/Juristic
Philosophy
Positivist/Realistic
Philosophy
Eclectic/Mixed
Philosophy
Classical/Juristic Philosophy :
Classical/Juristic Philosophy An eye for an eye, a tooth for a tooth
philosophy. The purpose of penalty is RETRIBUTION. The offender
is made to suffer for the wrong he has done. There is scant regard for
the human element of the crime. The law does not look into why the
offender committed the crime.
Slide 20:
Capital punishment is a product of this kind of this school of thought.
Man is regarded as a moral creature who understands right from
wrong. So that when he commits a wrong, he must be prepared to
accept the punishment therefor.
Positivist/Realistic Philosophy :
Positivist/Realistic Philosophy The purpose of penalty is
REFORMATION. There is great respect for the human element
because the offender is regarded as socially sick who needs treatment
not punishment. Crimes are regarded as social phenomena which
constrain a person to do wrong although not of his own volition.

Generality :
Generality It means that the criminal law of the country governs all
persons within the country regardless of their race, belief, sex, or
creed. It is subject to certain EXCEPTIONS by INTERNATIONAL
AGREEMENT.

Eclectic/Mixed Philosophy :
Eclectic/Mixed Philosophy This combines both positivist and
classical thinking. Crimes that are economic and social 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.

Exceptions to Generality :
Exceptions to Generality Effect of exceptions: Persons covered are
immune from criminal prosecution. These persons include: (1) heads
of states, (2) ambassadors, and (3) other diplomatic officials
Territoriality :
Territoriality Penal laws of the country have force and effect only
WITHIN its TERRITORY. It is subject to certain exceptions by

Mala In Se and Mala Prohibita :

Mala In Se and Mala Prohibita Mala in se literally means that the act
is inherently evil or bad or per se wrongful. Mala prohibita are said to
be crimes which become wrong only because a law punishes the
same.

Effectivity Date of RPC :

Effectivity Date of RPC Act 3815, otherwise known as the Revised
Penal Code of the Philippines (RPC) took effect on January 1, 1932
(Art. 1, RPC). This law was approved on December 8, 1930.
Application of RPC (Art. 2) :
Application of RPC (Art. 2) The provision in Art. 2 embraces 2
scopes of application. Intraterritorial refers to the application of the
RPC within the Philippine territory. Extraterritorial application of
the RPC outside Philippine territory
Extraterritorial Exception to Territoriality :
Extraterritorial Exception to Territoriality Should commit an
offense while on a Philippine ship or airship; Should forge or
counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine
Islands; Should be liable for acts connected with the introduction into
these islands of the obligations and securities mentioned in the
preceding number;
Slide 27:
While being public officers or employees, should commit an offense
in the exercise of their functions; or Should commit any of the crimes
against national security and the law of nations, defined in Title One
of Book Two of this Code.
Philippine Ship or Airship :
Philippine Ship or Airship A vessel is considered a Philippine Ship
only when it is registered in accordance with Philippine laws. Under
International Law, as long as such vessel is not within the territorial
waters of a foreign country, Philippine laws shall govern.
Crimes on Philippine Ship or Airship :
Crimes on Philippine Ship or Airship If within Philippine
waters/atmosphere Philippines has jurisdiction. If on the High Seas
(International waters) Philippines has jurisdiction. If within the
territorial waters or atmosphere of a foreign country jurisdiction is
dependent on what rule English or French Rule adopted by the
foreign country.
Crimes on Foreign Merchant Vessel :
Crimes on Foreign Merchant Vessel If within Philippine waters
Philippines has jurisdiction. If on the High Seas (International waters)
country of origin of vessel has jurisdiction.
Crimes on Foreign Vessel Not Triable in Our Courts :
Crimes on Foreign Vessel Not Triable in Our Courts A foreign
WAR vessel is part of the sovereignty of the country to whose naval
force it belongs. As such, crimes committed on board the said war
vessel, even if within our territorial waters, is not triable in our
courts.
Two Rules/Theories Re Crime on Board Foreign Merchant Vessel
:
Two Rules/Theories Re Crime on Board Foreign Merchant Vessel
French Rule English Rule
French Rule :
French Rule The crime is triable in the country of origin of the vessel,
except if it affects the NATIONAL SECURITY of the country where
such vessel is within jurisdiction.
English Rule :
English Rule The law of the foreign country where a foreign vessel is
within its jurisdiction is strictly applied, except if the crime affects

only the INTERNAL MANAGEMENT of the vessel. In which case,

it is subject to the penal law of the country where it is registered.
Important Note :
Important Note The Philippines adopts the English Rule The English
Rule and French Rule apply only to a foreign MERCHANT vessel if
a crime was committed aboard that vessel while it was in the
territorial waters of another country. If that vessel is in the high seas
or open seas, there is no occasion to apply the two rules. If it is not
within the jurisdiction of any country, these rules will not apply.
Definition of Felony (Art. 3) :
Definition of Felony (Art. 3) Felonies refer to acts or omission
punishable by law (RPC). The term felony is limited only to
violations of the RPC.
Importance of Definition :
Importance of Definition This is important because there are certain
provisions in the RPC where the term felony is used. That means the
provision is not extended to crimes under special laws.
Example :
Example A specific instance is found in Art. 160 Quasi-Recidivism:
A person who shall commit a felony after having been convicted by
final judgment before beginning to serve sentence or while serving
the same, shall be punished under the maximum period of the
penalty. The word felony is used.
Situation :
Situation If a prisoner serving sentence was found possessing
dangerous drugs, can he be considered a quasi-recidivist?
Answer :
Answer No. Violation of the Dangerous Drugs Act is not a felony.
The provision of Art. 160 specifically refers to a felony and felonies
those acts and omissions punished under the RPC.
Elements of Felonies :
Elements of Felonies That there must be an act or omission. That the
act or omission must be punishable by the Revised Penal Code. That
the act is performed or the omission incurred by means of dolo or
culpa.
Act to Be Punishable :
Act to Be Punishable An act is any bodily movement tending to
produce some effect in the external world. To constitute a felony, the
act must be: Punishable by the Revised Penal Code Internal act, that
is, a criminal intent, no matter how bad, will never constitute a
felony.
Meaning of Omission :
Meaning of Omission It means inaction, the failure to perform a
positive duty which one is bound to do. There must be a law
requiring the doing or performance of an act.
Punishable by Law :
Punishable by Law Based upon the maxim, NULLUM CRIMEN,
NULLA POENA SINE LEGE there is no crime where there is no
law punishing it. Punished by the RPC and not by a special law.
Kinds of Felonies :
Kinds of Felonies Intentional felonies Culpable felonies
Meaning of Dolo :

Meaning of Dolo In the RPC, it is translated as DECEIT but its

correct meaning is DELIBERATE INTENT.

identity of the assailant. In ascertaining the truth between two

antagonistic theories or versions of the killing.

Requisites of Dolo :
Requisites of Dolo There must be FREEDOM on the part of the
offender while doing an act or omitting to do a act. There must be
INTELLIGENCE on the part of the offender while doing an act or
omitting to do a act. There must be INTENT on the part of the
offender while doing an act or omitting to do a act.

Slide 57:
Where the identification of the accused proceeds from an unreliable
source and the testimony is inconclusive and not free from doubt.
Where there are no eyewitnesses to the crime, and where suspicion is
likely to fall upon a number of persons. If the evidence is merely
circumstantial.

There Is No Freedom :
There Is No Freedom A person who acts under the compulsion of an
irresistible force (Art. 12, par. 5). A person who acts under the
impulse of an uncontrollable fear of an equal or greater injury (Art.
12, par. 6) EFFECT: Offender is exempt from criminal liability

To Prove Motive :
To Prove Motive Motive is established by the testimony of witnesses
on the acts or statements of the accused before or immediately after
the commission of the offense.

There Is No Intelligence :
There Is No Intelligence Imbecile person Insane person Child 15
years old or under at the time of the commission of the offense Child
above 15 years old but under 18 years old, acting without
discernment, at the time of the commission of the offense. EFFECT:
Offender is exempt from criminal liability
There Is No Intent :
There Is No Intent A person who caused an injury by mere accident
but without fault or intention of causing it (Art. 12, par. 4). Maxim:
Actus non facit reum, nisi mens sit rea an act does not make a
person a criminal unless his mind be criminal. Maxim: Actus me
invito factus non est meus actus an act done by me against my will
is not my act. Mistake of fact Ah Chong Case
Requisites of Mistake of Fact :
Requisites 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.
Requisites of Culpa :
Requisites of Culpa There must be FREEDOM on the part of the
offender while doing an act or omitting to do an act. There must be
INTELLIGENCE on the part of the offender while doing an act or
omitting to do an act. There must be IMPRUDENCE,
NEGLIGENCE or LACK OF FORESIGHT or SKILL on the part of
the offender while doing an act or omitting to do an act.
Meaning of Imprudence :
Meaning of Imprudence Imprudence indicates a deficiency of action.
Example: If a person fails to take the necessary precaution to avoid
injury to person or damage to property, there is imprudence.
Imprudence involves LACK OF SKILL.
Meaning of Negligence :
Meaning of Negligence Negligence indicates a deficiency of
perception. Example: If a person fails to pay proper attention and to
use due diligence in foreseeing the injury or damage impending to be
caused, there is negligence. Negligence involves LACK OF
FORESIGHT.
Motive vs. Intent :
Motive vs. Intent
Motive Is Important :
Motive Is Important Where the identity of a person accused of having
committed a crime is in dispute. When there is doubt as to the

Criminal Liability (Art. 4) :

Criminal Liability (Art. 4) There are two situations contemplated
under this article whereby criminal liability shall be incurred:
Committing a felony (delito) although the wrongful act done be
different from that which he intended. 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.
Coverage of First Situation :
Coverage of First Situation The first situation covers even the
following: Error in personae or mistake in the identity of the victim
Aberratio ictus or mistake in the blow Praeter intentionem or the
consequence exceeded the intention Note: In these three
circumstances, the offender is always liable.
Example of Mistake in Identity :
Example of Mistake in Identity X intended to kill Y. So, he waited for
the latter to pass in one corner. When a person resembling Y was
approaching, X suddenly fired his gun, hitting and killing the person.
It turned out to be Z.
Effects of Error in Personae :
Effects of Error in Personae The offender is liable for the crime. Art.
49 of RPC applies, i.e., when the crime intended is more serious than
the crime actually committed or vice-versa, the penalty of the crime
bearing the lesser penalty will be imposed. But it will be imposed in
the maximum period. (Discussed further in the topic: PENALTIES.)
Example of Aberratio Ictus :
Example of Aberratio Ictus A fired his gun upon B. Because of poor
aim, it was C who was actually hit. Note the following possible
effects of the crime: 1. Upon B Attempted Homicide or Murder. 2.
Upon C 2.2 If C was killed Homicide
Slide 64:
2.2 If C was wounded Physical Injuries (serious, less serious or
slight physical injuries). There cannot be an attempted or frustrated
homicide or murder because as far as C is concerned, there is no
intent to kill. 3. Possible Charge: 3.1 Complex Crime (Art. 36):
Attempted homicide/murder WITH serious or less serious physical
injuries If C was seriously or less seriously injured. 3.2 Two
Crimes: Attempted homicide/murder AND slight physical injuries.
Effects of Aberratio Ictus :
Effects of Aberratio Ictus Generally gives rise to COMPLEX
CRIME. If there is complex crime, the penalty to be imposed is the
penalty for the more serious crime in the maximum period. There
cannot be a complex crime when one of the felonies is a light felony.
NOTE: Grave, less grave and light felonies are discussed in Art. 9.

Example of Praeter Intentionem :

Example of Praeter Intentionem G delivered a fist blow upon H. H
fell to the ground and hit his head on the pavement, causing
hemorrhage and eventually his death. G is still liable for the death of
H although his intention is merely to give a fist blow.
Effect of Praeter Intentionem :
Effect of Praeter Intentionem It is a mitigating circumstance,
particularly covered by par. 3 of Art. 13.
Requisites of 1st Situation :
Requisites of 1st Situation That an INTENTIONAL FELONY has
been committed; and That the WRONG DONE to the aggrieved party
be the DIRECT, NATURAL and LOGICAL consequence of the
felony committed.
Further Readings :
Further Readings Examples of wrong done must be the direct,
natural and logical consequence of felonious act. Examples of
proximate cause. Cases where there is no efficient intervening cause.
Cases where there is no direct, natural and logical consequence of the
felony committed. Cases where there is no proximate cause.
Requisites of 2nd Situation :
Requisites of 2nd Situation The second situation talks about
IMPOSSIBLE CRIME. It has the following requisites: That the act
performed would be an offense against persons or property. That the
act was done with evil intent.
Slide 71:
That its accomplishment is inherently impossible, or that the means
employed is either inadequate or ineffectual. That the act performed
should not constitute a violation of another provision of the Revised
Penal Code.
Felonies Covered in Impossible Crime :
Felonies Covered in Impossible Crime Felonies against persons
Felonies against property
Felonies against Persons :
Felonies against Persons Parricide (Art. 246) Murder (Art. 248)
Homicide (Art. 249) Infanticide (Art. 255) Abortion (Arts. 256-259)
Duel (Arts. 260 & 261) Physical injuries (Arts. 262-266) Rape (Arts.
266-A)
Felonies against Property :
Felonies against Property Robbery (Arts. 294, 297, 298, 299, 300,
302 and 303) Brigandage (Arts. 306 & 307) Theft (Arts. 308, 310 &
311) Usurpation (Arts. 312 & 313) Culpable insolvency (Art. 314)
Swindling and other deceits (Arts. 315, 316, 317 & 318)
Slide 75:
Chattel mortgage (Art. 319) Arson and other crimes involving
destruction (Arts. 320-326) Malicious mischief (Arts. 327-331)
Examples of Impossible Crime :
Examples of Impossible Crime When one tries to kill another by
putting in his soup a substance which he believes to be arsenic when
in fact it is common salt. When one tries to murder a corpse. A fire at
B, who was lying on bed, NOT KNOWING that B was dead hours
before.
Slide 77:

A, with intent to gain, took a watch from the pocket of B. When A

had the watch in his possession, he found out that it was the watch
which he had lost a week before. An employee who, having known
the safe combination, opens the safe in the office for the purpose of
stealing money, but who finds the safe empty.
Slide 78:
A, determined to poison B, uses a small quantity of arsenic by mixing
it with the food given to B, believing that the quantity employed by
him is sufficient. But since in fact it is not sufficient, B is not killed.
A tried to kill B by putting in his soup a substance which he thought
was arsenic when in fact it was sugar. B could not have been killed,
because the means employed was ineffectual.
STAGES IN THE COMMISSION OF A FELONY (Art. 6) :
STAGES IN THE COMMISSION OF A FELONY (Art. 6)
Consummated felony Frustrated felony Attempted felon
Consummated Felony :
Consummated Felony Consummated felony A felony is
consummated when all the elements necessary for its execution and
accomplishment are present.
Frustrated Felony :
Frustrated Felony It is frustrated 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 causes
independent of the will of the perpetrator.
Attempted Felony :
Attempted Felony There is an attempt when the offender commences
the commission of a felony directly overt acts, and does not perform
all the acts of execution which should produce the felony by reason
of some cause or accident other than his own spontaneous desistance.
Development of Crime :
Development of Crime INTERNAL ACTS not punishable as they
are merely in the mind of a person EXTERNAL ACTS Preparatory
acts usually not punishable such as proposal and conspiracy to
commit a felony, except in cases where the law provides punishment.
Acts of execution punishable under the Revised Penal Code. Has
reference to acts of execution: attempted, frustrated and
consummated
Elements of Attempted Felony :
Elements of Attempted Felony The offender commences the
commission of the felony directly by overt acts; He does not perform
all the acts of execution which should produce the felony; The
offenders act is not stopped by his own spontaneous desistance;
Slide 85:
The non-performance of all acts of execution was due to cause or
accident other than his spontaneous desistance
Examples of Attempted Felony :
Examples of Attempted Felony A picked the pocket of B, inside of
which there was a wallet containing P50.00. Before A could remove
it from the pocket of B, the latter grabbed As hand and prevented him
from taking it. In this case, A failed to perform all the acts of
execution, that is, taking the wallet, because of a cause, that is the
timely discovery by B of the overt act of A.
Slide 87:
A aimed his pistol at B to kill the latter, but when he pressed the
trigger it jammed and no bullet was fired from the pistol.

Spontaneous Desistance - Meaning :

Spontaneous Desistance - Meaning It refers to the act of would-be
offender in not pursuing the performance of all the acts of execution.
Under the definition of an attempted felony, the reason the offender
does not perform all the acts of execution SHOULD NOT BE by his
own SPONTANEOUS DESISTANCE. Otherwise, he will not be
liable for an attempted felony.
Example of Spontaneous Desistance :
Example of Spontaneous Desistance One who takes part in planning
a criminal act but desists in its actual commission is EXEMPT from
CRIMINAL LIABILITY.
When There Is No Spontaneous Desistance :
When There Is No Spontaneous Desistance A stole a chicken under
the house of B one evening. Realizing that what he did was wrong, A
returned the chicken to the place under the house of B. Since the
crime of theft was already consummated, the return of the stolen
property does not relieve A of criminal responsibility. A had already
performed all the acts of execution which produced the crime of theft
before he returned the chicken.
Slide 91:
A attacked and wounded B in the abdomen with a sharp-edged
weapon, causing a wound serious enough to have produced death. A
was about to assault B again; but this time, A desisted and left B. B
was take to the hospital by another person. Because of the timely and
skillful medical treatment by a physician, B did not die. It will be
noted that when A desisted, he had already inflicted a mortal wound
on B, which could have produced his death were it not for the timely
intervention of a physician. A is liable for frustrated homicide.
Slide 92:
A, with intent to kill, fired his pistol at B, but did not hit the latter. B
cried and asked A not to shoot him. A desisted from firing his pistol
again at B. Is A criminally liable? Yes, not for attempted homicide
because he desisted before he could perform all the acts of execution,
but for grave threats which was already committed by him when he
desisted.
Elements of Frustrated Felony :
Elements of Frustrated Felony The offender performs all the acts
execution; All the acts performed would produce the felony as a
consequence; But the felony is not produced; By reason of causes
independent of the will of the perpetrator.
Examples of Frustrated Felony :
Examples of Frustrated Felony A stabbed B in the abdomen,
penetrating the liver, and in the chest. B did not die because of
prompt and skillful treatment that he received. A wounded B in the
left abdomen with a sharp-edged weapon, causing a wound in the
peritonial cavity, serious enough to have produced death.
Slide 95:
A in firing his revolver at B hit him in the upper side of the body,
piercing it from side to side and perforating the lungs. B was saved
due to adequate and timely intervention of medical science.
No Mortal Wound - Attempted :
No Mortal Wound - Attempted X threw Y into the deep water, and as
Y did not know how to swim, he made efforts to keep himself afloat
and seized the gunwale of the boat, but X tried to loosen the hold of
Y with the oar. X was prevented from striking the latter by other
persons. Since X had the intent to kill Y, the former actually
committed attempted homicide against the latter.

Slide 97:
W fired four successive shots at V while the latter was fleeing to
escape from his assailants and save his own life. Not having hit V,
either because of his poor aim or because his intended victim
succeeded in dodging the shots, W failed to perform all the acts of
execution by reason of a cause other than his spontaneous desistance.
Slide 98:
Two physicians called to the witness stand by the prosecution could
not agree that the wounds inflicted upon the complainant would cause
death. One of themtestified that the wounds were not serious enough
to produce death even if no medical assistance had been given to the
offended party.
Slide 99:
The head of the offended party was merely grazed by the shot which
hit him, the would being far from fatal.
Crime Is Not Produced :
Crime Is Not Produced Because of the timely intervention of a third
person FRUSTRATED FELONY. Because the offender himself
prevented its consummation, there is NO FRUSTRATED FELONY.
Case Study :
Case Study A doctor conceived the idea of killing his wife, and to
carry out his plan, he mixed arsenic with the soup of his victim.
Immediately after the victim took the poisonous food, the offender
suddenly felt such a twinge of conscience that he himself washed out
the stomach of the victim and administered to her the adequate
antidote. Would this be a frustrated parricide?
Determining Stage of Execution :
Determining Stage of Execution The nature of the offense; The
elements constituting the felony; and The manner of committing the
felony.
Nature of Crime :
Nature of Crime Arson It is NOT NECESSARY that the
PROPERTY is TOTALLY DESTROYED by fire. Consummated:
even if only any part of the house is burned. Frustrated: there is
burning but no part of the house began to burn. Attempted: act of
setting fire but apprehended.
Elements Constituting the Felony :
Elements Constituting the Felony Theft consummated when thief is
able to TAKE HOLD or GET HOLD of the thing belonging to
another, even if he is not able to carry it away. EXCEPTION: the
thing is stolen from a compound, room, or container. In such a case,
the thing must be taken out from a compound, room, or container.
Slide 105:
Under the American common law, the crime of larceny which is
equivalent to our crime of theft here requires that the offender must
be able to carry away or transport the thing being stolen. Without that
carrying away, the larceny cannot be consummated.
Slide 106:
Estafa Consummated: there must be DAMAGE or
MISAPPROPRIATION. If there is no damage yet, the estafa can only
be frustrated or attempted.
Example of Theft :
Example of Theft A took a leather belt from the baggage of B and
placed it in his drawer. It was discovered later on by other persons.

Theft here is CONSUMMATED. The accused loaded boxes of rifle

on their truck. When they were on their way out of the South Harbor,
they were checked at the checkpoint, so they were not able to leave
the compound. Theft here is FRUSTRATED.
Slide 108:
The accused was found inside a parked deep of Captain Parker by an
American MP. The jeeps padlock had been forced open and lying
between the front seats and the gearshift was an iron bar. Captain
Parker was then inside a theater. Theft here is ATTEMPTED.
Example of Estafa :
Example of Estafa The accused offered to give complainant a job as
office boy in Ft. McKinley with a salary of P25.00, but he asked
P3.80 for X-ray examination. The representation of the accused that
the amount of P3.80 was for X-ray examination was false.
Complainant handed to him P3.75 and while taking the remaining
five centavos from his pocket, a policeman placed the accused under
arrest. ESTAFA here is FRUSTRATED.
Slide 110:
The accused fraudulently assumed authority to demand fees for the
Bureau of Forestry, when he noticed that a timber was cut in the
forest by the complainant without permit and used it in building his
house. the accused tried to collect P6.00 from the complainant
ostensibly to save him from paying a fine and to prepare for him a
petition to obtain a permit to cut timber. The complainant refused or
was unable to give P6.00 to the accused. ESTAFA here is
ATTEMPTED.
The Nature of the Crime :
The Nature of the Crime In the crimes involving the taking of human
life: parricide, homicide, and murder: Consummated Victim died.
Frustrated Victim is MORTALLY WOUNDED. Attempted Victim
is NOT MORTALLY WOUNDED.
Exception :
Exception Subjective Stage: The Supreme Court ruled that when the
offender himself believed that he had performed all the acts of
execution, even though no mortal wound was inflicted, the act is
already in the FRUSTRATED STAGE
Rape :
Rape Consummated Rape The accused lay on top of a girl 9 years
of age for over 15 minutes. The girl testified that there was partial
penetration of the male organ in her private parts and that she felt
intense pain.
Slide 114:
Frustrated Rape The accused endeavored to have sexual intercourse
with a girl 3 years and 11 months old. There was doubt whether he
succeeded in penetrating the vagina. (Considered as a stray
decision inasmuch as it has not been reiterated in the Courts
subsequent decisions.
Slide 115:
Attempted Rape The accused placed himself on top of a woman,
and raising her skirt in an effort to get his knees between her legs
while his hands held her arms firmly, endeavoring to have sexual
intercourse with her, but not succeeding because the offended party
was able extricate herself and to run away.
When Light Felonies Are Punishable (Art. 7) :
When Light Felonies Are Punishable (Art. 7) Light felonies are those
infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos, or both, is provided. (Art. 9,

par. 3) The light felonies punished by the RPC: Slight physical

injuries. (Art. 266) Theft. (Art. 309, pars. 7 & 8) Malicious mischief.
(Arts. 328, par. 3; Art. 329, par. 3)
Slide 117:
Intriguing against honor. (Art. 364) Alteration of boundary marks
(Art. 313) The penalty for the above-mentioned crimes is arresto
menor (imprisonment from one day to thirty days), or a fine not
exceeding P200.
General Rule & Exception :
General Rule & Exception Light felonies are punishable ONLY when
they have been consummated. Exception: Light felonies committed
against persons or property, are punishable even if ATTEMPTED or
FRUSTRATED.
Conspiracy & Proposal to Commit Felony :
Conspiracy & Proposal to Commit Felony General Rule: Conspiracy
and proposal to commit felony are not punishable. Exception: They
are punishable only in the cases in which the law specially provides a
penalty therefor.
Meaning of Conspiracy :
Meaning of Conspiracy Two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
Two Ways Conspiracy Exists :
Two Ways Conspiracy Exists There is agreement. The participants
acted in concert or simultaneously which is indicative of a meeting of
the minds towards a common criminal goal or criminal objective.
Note: When several offenders act in a synchronized, coordinated
manner, the fact that their acts complimented each other is indicative
of the meeting of the minds. There is an implied agreement.
Two Kinds of Conspiracy :
Two Kinds of Conspiracy Conspiracy as a crime Conspiracy as a
manner of incurring criminal liability
Conspiracy as a Crime: Characteristics :
Conspiracy as a Crime: Characteristics No overt act is necessary to
bring about the criminal liability. It is only true when the law
expressly punishes the mere conspiracy.
Examples of Conspiracy as a Crime :
Examples of Conspiracy as a Crime Conspiracy to commit treason
(Art. 115) Conspiracy to commit coup d etat, rebellion or
insurrection (Art. 136) Conspiracy to commit sedition (Art. 141)
Monopolies and combinations in restraint of trade (Art. 186)
Case Study :
Case Study A and B agreed and decided to rise publicly and take up
arms against the government with the help of their followers. Even if
they did not carry out their plan to overthrow the government, A and
B are liable for conspiracy to commit rebellion under Art. 136 of the
RPC.
Slide 126:
Note: If A and B and their followers did rise publicly and take arms
against the government to overthrow it, thereby committing rebellion,
their conspiracy is not a felony. They are liable for rebellion and their
conspiracy is only a manner of incurring criminal liability for
rebellion.
Conspiracy as a Manner of Incurring Criminal Liability :

Conspiracy as a Manner of Incurring Criminal Liability The law does

not punish mere conspiracy to commit crimes (except in cases where
the law provides punishment therefor). It is necessary that the
conspirators carry out what has been agreed upon. In this case,
CONSPIRACY determines the criminal liability of the offenders.
Case Study :
Case Study A, B, and C, after having conceived a criminal plan, got
together, agreed and decided to kill D. If A, B and C failed to carry
out the plan for some reason or another, they are not liable for having
conspired against D, because the crime they conspired to commit,
which is murder; is not treason, rebellion or sedition.
Slide 129:
Note: If they carried out the plan and personally took part in its
execution which resulted in the killing of D, they are all liable for
murder; even if A merely acted as guard outside the house where D
was killed and B merely held the arms of D when C stabbed him to
death.
Requisites of Conspiracy :
Requisites of Conspiracy That two or more persons came to an
agreement; That the agreement concerned the commission of a
felony; and That the execution of the felony be decided upon.
Meaning of Proposal :
Meaning of Proposal A person who has decided to commit a felony
proposes its execution to some other person or persons.
Examples of Proposal as a Crime :
Examples of Proposal as a Crime Proposal to commit treason (Art.
115) Proposal to commit coup d etat, rebellion or insurrection (Art.
136)
Cases Study :
Cases Study A desires that the present government be overthrown.
But A is afraid to do it himself with others. A then suggests the
overthrowing of the government to some desperate people who will
do it at the slightest provocation. In this case, A is not liable for
proposal to commit rebellion, because A has not decided to commit it.
Slide 134:
A conceived the idea of overthrowing the present government. A
called several of his trusted followers and instructed them to go
around the country and secretly to organize groups and to convince
them of the necessity of having a new government. Note that what A
proposed in this case is not the execution of the crime of rebellion,
but the performance of preparatory acts for the commission of
rebellion. Therefore, there is no proposal.
Classification of Felonies According to their Gravity (Art. 9) :
Classification of Felonies According to their Gravity (Art. 9) Grave
felonies those to which the law attaches the capital punishment or
penalties which in any of their periods are afflictive, in accordance
with Art. 25 of this Code.
Slide 136:
Less grave those to which the law punishes with penalties which in
their maximum period are correctional, in accordance with Art. 25 of
this Code.
Slide 137:
Light felonies those infractions of law for the commission of which
the penalty of arresto menor or a fine not exceeding 200 pesos, or
both, is provided.

Capital Punishment :
Capital Punishment Capital punishment is death penalty.
Afflictive Penalties :
Afflictive Penalties The afflictive penalties in accordance with Art. 25
of this Code are: Reclusion perpetua Reclusion temporal Perpetual or
temporary absolute disqualification Perpetual or temporary special
disqualification, Prision mayor
Correctional Penalties :
Correctional Penalties The following are correctional penalties:
Prision correccional Arresto mayor Suspension Destierro
Circumstances Affecting Criminal Liability :
Circumstances Affecting Criminal Liability
Slide 142:
Justifying circumstances (Art. 11) Exempting circumstances (Art.
12), and other absolutory causes (Arts. 20; 124, last par.; 280, last
par.; 332; 344; etc.) Mitigating circumstances (Art. 13) Aggravating
circumstances (Art. 14) Alternative circumstances (Art. 15)
Justifying Circumstances (Art. 11) :
Justifying Circumstances (Art. 11) Definition: Those where the act of
a persons is said to be in accordance with law, so that such person is
deemed not to have transgressed the law and is free from both
criminal and civil liability. Effect: There is no civil liability, except in
par. 4, where the civil liability is borne by the persons benefited by
the act.
Slide 144:
Basis of justifying circumstances: The law recognizes the nonexistence of a crime by expressly stating in the opening sentence of
Art. 11 that the persons therein mentioned do not incur any criminal
liability.
Burden of Proof :
Burden of Proof The burden of proof in proving the existence of
justifying circumstances lies upon the accused.
Types of Justifying Circumstances :
Types of Justifying Circumstances Self-defense Defense of relative
Defense of stranger Avoidance of greater evil or injury Fulfillment of
duty or lawful exercise of right or office Obedience to an order issued
for some lawful purpose
Self-Defense (Art. 11, par.1) :
Self-Defense (Art. 11, par.1) Requisites of Self-Defense: Unlawful
aggression; Reasonable necessity of the means employed to prevent
or repel it; and Lack of sufficient provocation on the part of the part
of the person defending himself
Kinds of Aggression :
Kinds of Aggression Lawful fulfillment of a duty or the exercise of
a right in a more or less violent manner is an AGGRESSION.
Unlawful contemplated in Art. 11 that entitles a person to selfdefense
Examples of Lawful Aggression :
Examples of Lawful Aggression The act of a chief of police who used
violence by throwing stones at the accused when the latter was
running away from him to elude arrest for a crime committed in his
presence. The act of a policeman who, after firing five cautionary
shots into the air, aimed directly at the escaping detainee when he had

already reasons to fear that the latter would be able to elude him and
his pursuing companions.
Unlawful Aggression: Characteristics :
Unlawful Aggression: Characteristics An indispensable requisite
For self-defense to exist, unlawful aggression must be present. Must
be unlawful
Meaning of Unlawful Aggression :
Meaning of Unlawful Aggression An assault or at least threatened
assault of an immediate and imminent kind. The peril to ones life,
limb or right is either actual or imminent. Actual physical assault
upon a person, or at least a threat to inflict real injury. Threat must be
offensive and positively strong, showing the wrongful intent to cause
an injury.
Rights Included in Self-Defense :
Rights Included in Self-Defense Defense of right to chastity Defense
of right to honor Defense of right to property Defense of home
Examples of Defense of Chastity :
Examples of Defense of Chastity Embracing a woman, touching her
private parts and her breasts, and throwing her to the ground for the
purpose of raping her in an uninhibited place when it was twilight,
constitute an attack upon her honor and, therefore, an unlawful
aggression.
Slide 154:
Placing of hand by a man on the womans upper thigh is unlawful
aggression.
Example of Defense of Property :
Example of Defense of Property Defense of property can be invoked
as a justifying circumstance only when it is coupled with an attack on
the person of one entrusted with said property.
Example of Defense of Home :
Example of Defense of Home Violent entry to anothers house at
nighttime, by a person who is armed with a bolo, and forcing his way
into the house, shows he was already and looking for trouble, and the
manner of his entry constitutes an act of aggression. The owner of the
house need not wait for a blow before repelling the aggression, as
that blow may prove fatal.
Meaning of Reasonable Necessity to Prevent or Repel It. :
Meaning of Reasonable Necessity to Prevent or Repel It. It refers to
the act of one defending against unlawful aggression. The act could
be to PREVENT or to REPEL the UNLAWFUL AGGRESSION.
Means Employed: When Reasonable :
Means Employed: When Reasonable Nature and quality of the
weapon used by the aggressor, His physical condition, His character,
His size, and Other circumstances, those of the person defending
himself, and The place and occasion of the assault.

Lack of Sufficient Provocation of One Defending Himself The one

defending himself must not have given cause for the aggression by
his unjust conduct or by inciting or provoking the assailant.
When Present :
When Present When no provocation at all was given to the aggressor
by the person defending himself; or When, even if a provocation was
given, it was not sufficient; or When, even if the provocation was
sufficient, it was not given by the person defending himself;
Slide 162:
When, even if a provocation was given by the person defending
himself, it was not proximate and immediate to the act of aggression.
Defense of Relatives (Art. 11, par. 2) :
Defense of Relatives (Art. 11, par. 2) Spouse Ascendants
Descendants Legitimate, natural or adopted brothers and sisters, or
relatives by affinity in the same degrees. Relatives by consanguinity
within the fourth civil degree.
Requisites :
Requisites Unlawful aggression Reasonable necessity of the means
employed to prevent or repel it; and In case the provocation was
given by the person attacked, the one making a defense had no part
therein. NOTE: 1 & 2 requisites are the same with self-defense.
Examples of Defense of Relatives :
Examples of Defense of Relatives The accused who hacked the
deceased at the base of his neck when the latter was forcibly abusing
the formers wife.
Slide 166:
A challenged B to prove who of them was the better man. When B
picked up a bolo and went after him, A took to flight. The B pursued
him and upon overtaking him inflicted two wounds. C, father of A,
rushed to his sons assistance and struck with a cane the bolo from
the hands of B. A inflicted fatal wounds upon the B. While the son
was originally at fault for giving provocation to B, yet the father was
justified in disarming the B, having acted in lawful defense of his
son.
Defense of Stranger (Art. 11, par. 3) :
Defense of Stranger (Art. 11, par. 3) Unlawful aggression;
Reasonable necessity of the means employed to prevent or repel it;
and The person defending be not induced by revenge, resentment, or
other evil motive.
Examples of Defense of Stranger :
Examples of Defense of Stranger A was able to deprive B, a
constabulary lieutenant, of his pistol during the fray. B ordered C, a
constabulary soldier under his command, to search A for the pistol.
When C was about to approach A to search him, the latter stepped
back and shot at C who was able to avoid the shot. When A was about
to fire again at C, D another constabulary soldier, fired at A with his
rifle which killed him.

Reasonable Necessity.How Interpreted :

Reasonable Necessity.How Interpreted Liberally construed in
favor of law-abiding citizens Applicable when a lawless person
attacks on the streets or particularly in the victims home. One
defending himself is a policeman A police officer is not required to
afford a person attacking him, the opportunity for a fair and equal
struggle. Reason: He is duty-bound to OVERCOME his opponent.

Slide 169:
A heard screams and cries for help. When A responded, he saw B
attacking his (Bs) wife with a dagger: A approached B and struggled
for the possession of the weapon, in the course of which A inflicted
wounds on B.

Lack of Sufficient Provocation of One Defending Himself :

Avoidance of Greater Evil or Injury (Art. 11, par. 4) :

Avoidance of Greater Evil or Injury (Art. 11, par. 4) Requisites: That
the evil sought to be avoided actually exists; That the injury feared be

greater than that done to avoid it; and That there be no other practical
and less harmful means of preventing it.

exempt if it can be shown that he acted during a lucid interval.

During lucid interval, the insane acts with intelligence.

Examples of Avoidance :
Examples of Avoidance The accused (a woman) who was about to
be married to the offended party eloped with another man, after the
offended party had made preparations for the wedding, the Court
holding that there was necessity on the part of the accused avoiding a
loveless marriage with the offended party, and that her refusal to
marry him and her eloping with the man whom she loved were
justified and did not amount to the crime of slander by deed.

Minority :
Minority The age of absolute irresponsibility Child 15 years old or
under at the time of the commission of the offense The age of
conditional responsibility Child above 15 years old but under 18
years old, acting without discernment, at the time of the commission
of the offense.

Slide 172:
A person was driving his car on a narrow road with due diligence and
care when suddenly he saw a six by six truck in front of his car. If
he would swerve his car to the left he would fall into a precipice, or if
he would swerve it to the right he would kill a passerby. He was
forced to choose between losing his life in the precipice or sacrificing
the life of the innocent bystander. He chose the latter, swerved his car
to the right, ran over and killed the passer-by.
Slide 173:
Fire breaks out in a cluster of nipa houses, and in order to prevent its
spread to adjacent houses of strong materials, the surrounding nipa
houses are pulled down.
Fulfillment of Duty or Lawful Exercise of Right or Office :
Fulfillment of Duty or Lawful Exercise of Right or Office Requisites:
That the accused acted in the performance of a duty or in the lawful
exercise of a right or office; That the injury caused or the offense
committed be the necessary consequence of the due performance of
duty or the lawful exercise of such right or office.
Cases Study :
Cases Study People vs. Felipe Delima (46 Phil. 738) Valcorza vs.
People (30 SCRA 148-150)
Obedience to an Order Issued for Some Lawful Purpose :
Obedience to an Order Issued for Some Lawful Purpose Requisites:
That an order has been issued by a superior; That such order must be
for some lawful purpose; and That the means used by the subordinate
to carry out said order is lawful.
Supreme Court Ruling :
Supreme Court Ruling The subordinate is not liable for carrying out
an illegal order of his superior, if he is not aware of the
ILLEGALITY of the order and he is NOT NEGLIGENT.
Exempting Circumstances (Art. 12) :
Exempting Circumstances (Art. 12) Effect: NO CRIMINAL
LIABILITY BUT THERE IS CIVIL LIABILITY. Burden of Proof:
Existence of exempting circumstance must be proved by the
DEFENDANT to the satisfaction of the court.
Types :
Types Imbecility Insanity Minority Accident Irresistible force
Uncontrollable fear Prevented by insuperable cause
Imbecility (Art. 12, par. 1) :
Imbecility (Art. 12, par. 1) Has an IQ of 7 years old. The intellectual
deficiency is permanent. Exempt in all cases from criminal liability.
Insanity (Art. 12, par. 1) :
Insanity (Art. 12, par. 1) To be exempting, the person must be insane
at the time of the commission of the crime. The insane person is not

Slide 183:
The age of full responsibility 18 or over (adolescence) to 70
(maturity) The age of mitigated responsibility over 15 years old but
under 18 years old, acting with discernment, at the time of the
commission of the offense; over 70 years of age. Discernment the
mental capacity of a minor to fully appreciate the consequences of his
lawful act.
Accident (Art. 12, par. 4) :
Accident (Art. 12, par. 4) Elements: A person is performing a lawful
act; With due care; He causes an injury to another by mere accident;
Without fault or intention of causing it.
Meaning of Accident :
Meaning of Accident An accident is something that happens outside
the sway of our will, and although it comes about through some act of
our will, lies beyond the bounds of humanly foreseeable
consequences. If the consequences are plainly foreseeable, it will be a
case of negligence.
Example :
Example The accused, while hunting, saw wild chickens and fired a
shot. The slug, after hitting a wild chicken, recoiled and struck the
tenant who was a relative of the accused. The man who was injured
died. If life is taken by misfortune or accident while the actor is in the
performance of a lawful act executed with due care and without
intention of doing harm, there is no criminal liability.
Irresistible Force (Art. 12, par. 5) :
Irresistible Force (Art. 12, par. 5) Elements: That the compulsion is
by means of physical force. That the physical force must be
irresistible. That the physical force must come from a third person.
Example :
Example In the case of U.S. vs. Caballeros, et. al., 4 Phil. 350, it
appears that Baculi, one of the accused who was not a member of the
band which murdered some American school-teachers, was in a
plantation gathering bananas. Upon hearing the shooting, he ran.
However, Baculi was seen by the leaders of the band who called him,
and striking him with the butts of their guns, they compelled him to
bury the bodies.
Slide 189:
Baculi was not criminally liable as accessory for concealing the body
of the crime (Art. 19) of murder committed by the band, because
Baculi acted under the compulsion of an irresistible force.
Uncontrollable Fear (Art. 12, par.6) :
Uncontrollable Fear (Art. 12, par.6) Elements: That the threat which
causes the fear is of an evil greater than or at least equal to, that
which he is required to commit. That it promises an evil of such
gravity and imminence that the ordinary man would have succumbed
to it.
Example :

Example liberato Exaltacion and Buenaventura Tanchinco were

compelled under fear of death to swear allegiance to the Katipunan
whose purpose was to overthrow the government by force of arms. In
this case, the accused cannot be held criminally liable for rebellion,
because they joined the rebels under impulse of an uncontrollable
fear of an equal or greater injury.
Prevented by Insuperable Cause (Art. 12, par. 7) :
Prevented by Insuperable Cause (Art. 12, par. 7) Elements: That an
act is required by law to be done; That a person fails to perform such
act; That his failure to perform such act was due to some lawful or
insuperable cause.
Example: Prevented by Some Lawful Cause :
Example: Prevented by Some Lawful Cause A confessed to a Filipino
priest that he and several other persons were in conspiracy against the
Government. Under Arts. 116, a Filipino citizen who knows of such
conspiracy must report the same to the governor or fiscal of the
province where he resides.
Slide 194:
If the priest does not disclose and make known the same to the proper
authority, he is exempt from criminal liability, because under the law,
the priest cannot be compelled to reveal any information which he
came to know by reason of the confession made to him in his
professional capacity.
Example: Prevented by Some Insuperable Cause :
Example: Prevented by Some Insuperable Cause A mother who at the
time of childbirth was overcome by severe dizziness and extreme
debility, and left the child in a thicket where said child died, is not
liable for infanticide, because it was physically impossible for her to
take home the child. The severe dizziness and extreme debility of the
woman constitute an insuperable cause.
Absolutory Causes :
Absolutory Causes They are those where the act committed is a crime
but for reasons of public policy and sentiment there is no penalty
imposed.
Slide 197:
Art. 6. - The spontaneous desistance of the person who commenced
the commission of a felony before he could perform all the acts of
execution.
Slide 198:
Art. 20. - Accessories who are exempt from criminal liability. - The
penalties prescribed for accessories shall not be imposed upon those
who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception of
accessories falling with the provisions of paragraph 1 of the next
preceding article.
Slide 199:
The provisions of paragraph 1 of Art. 19 read, as follows: "By
profiting themselves or assisting the offenders to profit by the effects
of the crime."
Slide 200:
Art. 124, last paragraph. - The commission of a crime, or violent
insanity or any other ailment requiring the compulsory confinement
of the patient in a hospital, shall be considered legal grounds for the
detention of any person.

Slide 201:
Art. 247, pars. 1 and 2. - Death or physical injuries inflicted under
exceptional circumstances. - Any legally married person who, having
surprised his spouse in the act of committing sexual intercourse with
another person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious
physical injury, shall suffer the penalty of destierro.
Slide 202:
If he shall inflict upon them physical injuries of any other kind, he
shall be exempt from punishment.
Slide 203:
Art. 280, par. 3. - The provisions of this article (on trespass to
dwelling) shall not be applicable to any person who shall enter another's dwelling for the purpose of preventing some serious harm to
himself, the occupants of the dwelling or a third person, nor shall it
be applicable to any person who shall enter a dwelling for the pur pose of rendering some service to humanity or justice, nor to anyone
who shall enter cafes, taverns, inns and other public houses, while the
same are open.
Slide 204:
Art. 332. - Persons exempt from criminal liability. - No criminal, but
only civil, liability shall result from the commission of the crime of
theft, swindling or malicious mischief committed or caused mutually
by the following persons:
Slide 205:
Spouses, ascendants and descendants, or relatives by affinity in the
same line; The widowed spouse with respect to the property which
belonged to the deceased spouse before the same shall have passed
into the possession of another; and Brothers and sisters and brothersin-law and sisters-inlaw, if living together.
Slide 206:
Art. 344, par. 4. - In cases of seduction, abduction, acts of
lasciviousness and rape, the marriage of the offender with the
offended party shall extinguish the criminal action or remit the
penalty already imposed upon him. The provisions of this paragraph
shall also be applicable to the co-principals, accomplices and
accessories after the fact of the abovementioned crimes.
Instigation & Entrapment :
Instigation & Entrapment In instigation, the criminal plan or design
exists in the mind of the law enforcer with whom the person
instigated cooperated so it is said that the person instigated is acting
only as a mere instrument or tool of the law enforcer in the
performance of his duties.
Slide 208:
On the other hand, in entrapment, a criminal design is already in the
mind of the person entrapped. It did not emanate from the mind of the
law enforcer entrapping him. Entrapment involves only ways and
means which laid down or resorted to facilitate the apprehension of
the culprit.
Complete Defenses in Criminal Cases :
Complete Defenses in Criminal Cases Any of the essential elements
of the crime charged is not proved by the prosecution and the
elements proved do not constitute any crime. The act of the accused
falls under any of the justifying circumstances. (Art. 11) The case of
the accused falls under any of the exempting circumstances. (Art. 12)
Slide 210:

The case is covered by any of the absolutory causes: a. Spontaneous

desistance during attempted stage (Art. 6), and no crime under
another provision of the Code or other penal law is committed. b.
Light felony is only attempted or frustrated, and is not against
persons or property. (Art. 7)
Slide 211:
The accessory is a relative of the principal. (Art. 20) Legal grounds
for arbitrary detention. (Art. 124) Legal grounds for trespass. (Art.
280) The crime of theft, swindling or malicious mischief is
committed against a relative. (Art. 332)
Slide 212:
When only slight or less serious physical injuries are inflicted by the
person who surprised his spouse or daughter in the act of sexual
intercourse with another person. (Art. 247) Marriage of the offender
with the offended party when the crime committed is rape, abduction,
seduction, or acts of lasciviousness. (Art. 344) Instigation.
Slide 213:
Guilt of the accused not established beyond reasonable doubt.
Prescription of crimes. (Art. 89) Pardon by the offended party before
the institution of criminal action in crime against chastity. (Art. 344)
Mitigating Circumstances (Art. 13) :
Mitigating Circumstances (Art. 13) Mitigating circumstances are
those which, if present in the commission of the crime, do not
entirely free the actor from criminal liability, but serve only to reduce
the penalty.
Classes of Mitigating Circumstances :
Classes of Mitigating Circumstances Ordinary mitigating - those
enumerated in subsections 1 to 10 of Article 13. Those mentioned in
subsection 1 of Art. 13 are ordinary mitigating circumstances, if Art.
69, for instance, is not applicable.
Slide 216:
Privileged mitigating a. Penalty to be imposed upon a person under
eighteen years of age. (Art. 68) b. Penalty to be imposed when the
crime committed is not wholly excusable. (Art. 69) c. When there are
two or more mitigating circumstances and no aggravating
circumstances are present. (Art. 64)
Types of Mitigating Circumstances (Art. 13) :
Types of Mitigating Circumstances (Art. 13) Incomplete justifying or
exempting circumstances (par. 1) Under 18 or over 70 years old (par.
2) No intention to commit so grave a wrong (par. 3) Provocation or
threat (par. 4) Vindication of grave offense (par. 5) Passion or
obfuscation (par. 6)
Slide 218:
Surrender and confession of guilt (par. 7) Physical defect (par. 8)
Illness of the offender (par. 9) Similar and analogous circumstances
(par. 10)
Aggravating Circumstances (Art. 14) :
Aggravating Circumstances (Art. 14) Aggravating circumstances are
those which, if attendant in the commission of the crime, serve to
increase the penalty without, however, exceeding the maximum of
the penalty provided by law for the offense.
Kinds of Aggravating Circumstances :
Kinds of Aggravating Circumstances Generic Those that can
generally apply to all crimes. Specific Those that apply only to
particular crimes. Qualifying Those that change the nature of the

crime. Inherent Those that must of necessity accompany the

commission of the crime.
Considered Generic :
Considered Generic Dwelling, Nighttime, Recidivism NOTE: In Art.
14, the following are considered generic aggravating: nos. 1, 2, 3
(dwelling), 4, 5, 6, 9, 10, 14, 18, 19 & 20, except by means of motor
vehicles.
Considered Specific :
Considered Specific Ignominy in crimes against chastity or cruelty
and treachery in crimes against persons. NOTE: In Art. 14, the
following are considered specific aggravating: nos. 3, (except
dwelling), 15, 16, 17 & 21.
Considered Qualifying :
Considered Qualifying Alevosia (treachery) or evident premeditation
qualifies the killing of a person to murder. NOTE: Art. 248
enumerates the qualifying aggravating circumstances which qualify
the killing of person to murder.
Considered Inherent :
Considered Inherent Evident premeditation is inherent in robbery,
theft, estafa, adultery and concubinage.
Slide 225:
NOTE: Only generic aggravating and qualifying circumstances will
have the effect of increasing the penalty.
Nature of Generic :
Nature of Generic If not offset by any mitigating circumstances:
increase penalty by maximum period. Need not be alleged in the
information to be considered by the court.
Nature of Qualifying :
Nature of Qualifying Change the nature of crime, e.g. homicide to
murder. Must be alleged in the information to be considered by court.
Otherwise, it shall only be considered GENERIC.
Types of Aggravating Circumstances (Art. 14) :
Types of Aggravating Circumstances (Art. 14) Advantage taken of
public position (par. 1) Contempt or insult to public authorities (par.
2) Disregard of rank, age, sex, or dwelling of offended party (par. 3)
Abuse of confidence and obvious ungratefulness (par. 4) Palace and
places of commission of offense (par. 5)
Slide 229:
Nighttime, uninhabited or band (par. 6) On occasion of calamity or
misfortune (par. 7) Aid of armed men, etc. (par. 8) Recidivist (par. 9)
Reiteracion or habituality (par. 10) Price, reward or promise (par. 11)
By means of inundation, fire, etc. (par. 12)
Slide 230:
Evident premeditation (par. 13) Craft, fraud or disguise (par. 14)
Superior strength or means to weaken defense (par. 15) Treachery
(par. 16) Ignominy (par. 17) Unlawful entry (par. 18) Breaking wall
(par. 19) Aid of minor or by means of motor vehicles (par. 20) Those
peculiar to certain offenses
Recidivism :
Recidivism Who is a recidivist? One who, at the time of his trial for
one crime, shall have been previously convicted by final judgment of
another crime embraced in the same title of the Revised Penal Code.
Requisites of Recidivism :

Requisites of Recidivism That the offender is on trial for an offense;

That he was previously convicted by final judgment of another crime;
That both the first and the second offenses are embraced in the same
title of the Code; and That the offender is convicted of the new
offense.
Important Things to Remember in Recidivism :
Important Things to Remember in Recidivism Need to allege
recidivism in information, exception: accused does not object or by
his own admission in his confession and on the witness stand. Pardon
does not obliterate the fact that the accused was a recidivist; but
amnesty extinguishes the penalty and its effects.
Reiteracion :
Reiteracion Requisites: That the accused is on trial for an offense;
That he previously served sentence for another offense to which the
law attaches an equal or greater penalty, or for two or more crimes to
which it attaches lighter penalty than that for the new offense; and
That he is convicted of new offense.
Habitual Delinquency :
Habitual Delinquency There is habitual delinquency when a person,
within a period of ten years from the date of his release or last
conviction of the crimes of serious or less serious physical injuries,
robbery, theft, estafa or falsification, is found guilty of any of said
crimes a third time or oftener. (Art. 62, last paragraph).
Quasi-Recidivism :
Quasi-Recidivism Any person who shall commit a felony after
having been convicted by final judgment, before beginning to serve
such sentence, or while serving the same, shall be punished by the
maximum period of the penalty prescribed by law for the new felony.
(Art. 160)
Aggravating Circumstances That Would Qualify the Killing to
Murder :
Aggravating Circumstances That Would Qualify the Killing to
Murder Art. 248 enumerates the following: With treachery, taking
advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to
insure or afford impunity. In consideration of a price, reward, or
promise.

Types of Alternative Circumstances :

Types of Alternative Circumstances Relationship; Intoxication; and
Degree of instruction and education of the offender
Relationship: When Considered :
Relationship: When Considered When the offended party is: Spouse,
Ascendant, Descendant, Legitimate, natural, or adopted brother or
sister, or Relative by affinity in the same degree of the offender.
Relationship: When Mitigating :
Relationship: When Mitigating Crimes against property, by analogy
to the provisions of Art. 332. Less serious physical injuries or slight
physical injuries: If the offended party is a relative of a lower degree
of the offender. Trespass to dwelling
Relationship: When Aggravating :
Relationship: When Aggravating Crimes against persons in cases
where the offended party is a relative of a HIGHER DEGREE than
the offender, or when the offender and the offended party are
relatives of the same level, as killing a brother, a brother-in-law, a
half-brother, or adopted brother. EXCEPT: In any of the serious
physical injuries even if the offended party is a descendant of the
offender.
Slide 246:
Serious physical injuries is committed by the offender against his
child, whether legitimate, or any of his legitimate other descendants,
relationship is aggravating. NOTE: Serious physical must not be
inflicted by a parent upon his child by excessive chastisement.
Slide 247:
Less serious physical injuries or slight physical injuries: The offended
party is a relative of a higher degree of the ofender. Homicide or
murder Crimes against chastity NOTE: Relationship is neither
mitigating nor aggravating, when relationship is an element of the
offense.
Intoxication: Mitigating or Aggravating :
Intoxication: Mitigating or Aggravating Mitigating if the
intoxication is not habitual, or if intoxication is not subsequent to the
plan to commit a felony. Aggravating if intoxication is habitual, or
if it is intentional subsequent to the plan to commit a felony.

Slide 238:
By means of inundation, fire, poison, explosion, shipwreck, stranding
of a vessel, derailment or assault upon a street car or locomotive, fall
of an airship, by means of motor vehicles, or with the use of any
other means involving great waste and ruin.

Degree of Instruction and Education of the Offender :

Degree of Instruction and Education of the Offender Low degree of
instruction and education or lack of it is generally mitigating. High
degree of instruction and education is aggravating, when the offender
avails himself of his learning in committing the crime.

Slide 239:
On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity.

PERSONS CRIMINALLY LIABLE FOR FELONIES :

PERSONS CRIMINALLY LIABLE FOR FELONIES

Slide 240:
With evident premeditation. With cruelty, by deliberately and
inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
Alternative Circumstances (Art. 15) :
Alternative Circumstances (Art. 15) Those which must be taken into
consideration as AGGRAVATING or MITIGATING according to the
nature and effects of the crime and the other conditions attending its
commission.

Who Are Criminally Liable (Art. 6) :

Who Are Criminally Liable (Art. 6) Principals Accomplices
accessories
Criminally Liable for Light Felonies :
Criminally Liable for Light Felonies Principals Accomplices
Rules Relative to Light Felonies: :
Rules Relative to Light Felonies: Light felonies are punishable only
when they have been consummated. (Art. 7) But when light felonies
are committed against persons or property, they are punishable even
if they are only in the attempted or frustrated stage of execution. (Art.
7)

Slide 254:
Only principals and accomplices are liable for light felonies. (Art. 16)
Accessories are not liable for light felonies, even if they are
committed against persons or property. (Art. 16)
Principals (Art. 17) :
Principals (Art. 17) Principal by DIRECT PARTICIPATION Those
who take a direct part in the execution of the act; Principal by
INDUCEMENT Those who directly force or induce others to
commit it. Principal by INDESPENSABLE COOPERATION
Those who cooperate in the in the commission of the offense by
another act without which it would not have been accomplished.
Accomplices (Art. 18) :
Accomplices (Art. 18) Persons who, not being included in Art. 17,
cooperate in the execution of the offense by previous or simultaneous
acts.
Requisites for a Person to Be Considered an Accomplice :
Requisites for a Person to Be Considered an Accomplice That there
be community of design; that is, knowing the criminal design of the
principal by direct participation, he concurs with the latter in his
purpose; That he cooperates in the execution of the offense by
previous or simultaneous acts, with the intention of supplying
material or moral aid in the execution of the crime an efficacious
way; and
Slide 258:
That there be a relation between the acts done by the principal and
those attributed to the person charged as accomplice.
Accessories (Art. 19) :
Accessories (Art. 19) An accessory does not participate in the
criminal design, nor cooperate in the commission of the felony, but,
with knowledge of the commission of the crime, he subsequently
takes part in three ways:
Slide 260:
By profiting from the effects of the crime; By concealing the body,
effects or instruments of the crime in order to prevent its discovery;
and By assisting in the escape or concealment of the principal of the
crime, provided he acts with abuse of his public functions or the
principal is guilty of treason, parricide, murder, or an attempt to take
the life of the Chief Executive, or is known to be habitually guilty of
some other crime.
Heavy Penalties for Accessories in Robbery and Theft :
Heavy Penalties for Accessories in Robbery and Theft Those who
profit from the effects of the crime of ROBBERY and THEFT are
themselves principals in the crime punished in Presidential Decree
No. 1612, otherwise known as Anti-Fencing Law.
Accessories Who Are Exempt from Criminal Liability (Art. 20) :
Accessories Who Are Exempt from Criminal Liability (Art. 20) The
penalties prescribed for accessories shall
be imposed upon those
who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception of
accessories falling within the provisions of paragraph 1 of the next
preceding article.