Criminal Law Notes

PRINCIPLES OF CRIMINAL LAW
A. General principles
1. Mala in se and Mala prohibita
 Mala in se there must be a criminal intent.

 Mala prohibita it is sufficient if the prohibited act was intentionally done.
2. Scope and Characteristic

3 main Characteristic (General, Territorial, Prospective)
a) Generality - criminal law is binding on all persons who live or sojourn in Philippine
territory.
b) Territoriality - that criminal laws undertake to punish crimes committed within
Philippine territory.
c) Prospectivity - a penal law cannot make an act punishable in a manner in which it was
not punishable when committed.
3. Pro reo principle –
4. Interpretation of Penal Laws
5. Retroactive effect of penal Laws – To give a law retroactive application to the prejudice of the
accused is to make it an ex post facto law. (it is allowed if it is favorable to the accused.
B. Felonies
Felonies are acts and omissions punishable by the Revised Penal Code.
Elements of felonies.
The elements of felonies in general are:
1. That there must be an act or omission.
2. That the act or omission must be punishable by the Revised Penal Code.
3. That the act is performed or the omission incurred by means of dolo or culpa. (People vs.
Gonzales, G.R. No. 80762, March 19, 1990, 183 SCRA 309, 324)
1. Criminal Liability shall be in-cured:
 By any person committing a felony (delito) although the wrongful act done be different from
that which he intended.
 By any person performing 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.
a) Classification of Felonies
Dolo- Intentional/ with malice - the desire to harm someone/ wrongful intention
(Mens rea)
Culpa - Unintentional/ without malice- imprudence - Lack of skill deficiency in action;
Negligence - lack of foresight, failure to pay proper attention, deficiency in perception
Theft - the criminal mind is intent to gain
Falsification – the criminal intent is the commission of forgery with intent to pervert the
truth
Robbery – the criminal mind intent is taking of the property belonging to another.
Coupled with employment of intimidation and violence in force or things
Intent – use of a particular means to affect the desired result purpose to use a particular
means (essential element of a crime)
Motive – mental state demonstrates by overt acts of a person moving power which
impels a defender to a desired result (not an element of a crime) Moving Power which
impels one to act to a different result
Motive is Material in the ff case:

Determination of criminal liability against the accused
1. The criminal act brings variant crimes
2. The identity of the accused is doubtful
3. When the evidence in commission of the crime is circumstantial
4. Nililito ang husgado sino ba ang may mga motibo sa pagawa ng crimen
5. Where there are no eye witnesses; where suspicion is where likely to fall on
number of persons
Criminal Intent - Is always presumed to exist provided that there is proof of commission
of unlawful act
Corpus Delicti (body of the crime)
Classification of Intent
General Criminal Intent – Voluntariness it does not require proof
Specific criminal intent – it is not presumed because it is only an ingredient of a crime,
must be proven by prosecution
Mistake of fact – misapprehension of fact; without criminal intent

Honest Mistake of fact - Destroys the presumption of criminal intent which arises on
commission of a felonious act
All elements/requirements should be present in Felony or mistake of fact
Requisites of mistake of fact
 He gave warning
 Lawful
 Mistake must be without fault or act of carelessness
b) Aberrati ictus, error in personae, and praeter intentionem
 Error in personae - There is a mistake in the identity of the victim. (Mitigating)
Art 49 the actual victim and the offender
 Aberratio Ictus - There is a mistake in the blow. (2 crimes committed (1) against
the intended victim; (2) against the actual victim (consummated or Frustrated)
Art 48 (3 person in the scene of the crime Offender, actual victim, intended
victim)
 Praeter Intentionem - The injurious result is greater than that intended. Injury is
in the intended victim; however, the resulting consequence is so grave
(Mitigating Circumstance covered by par 3 Art 13)
c) Impossible Crimes
The commission of an impossible crime is indicative of criminal propensity or criminal
tendency on the part of the actor.
d) Stages of execution
e) Continuing crimes - refers to a single crime consisting of a series of acts but all arising
from one criminal resolution. although there is a series of acts, there is only one crime
committed, so only one penalty shall be imposed
f) Complex crimes and composite crimes
Complex Crimes - When two crimes produced by a single act are respectively within the
exclusive jurisdiction of two courts of different jurisdiction, the court of higher
jurisdiction
Proximate cause - which, in natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without which the result would not have
occurred."
Requisite:
1. it causes direct natural and logical cause
2. It produces the injury or damage
3. Unbroken by any efficient intervening cause
4. without which the result would no occurred
Immediate cause far and remote from the consequence w/c sets into motion other
causes that resulted in the felony
Efficient intervening cause – intervening active force which is a distinct act or fact
absolutely foreign from the felonious act of the accused.
REQUISITE OF IMPOSSIBLE CRIME

1. Act done against person
2. Evil Intent
3. accomplishments inherently impossible
4. Act performed should not constitute a violation of RPC provision
5. Must believe that he/she can consummate the intended crime
Essenes
Inherent impossibility of the crime means employed to carry out the crime
Any/ or circumstance the crime could not be materializes

Kinds of inherent impossibility
1. Legal Impossibility -where the intended act even if completed would not amount to a crime.
EX: Killing a dead person
2. Physical Impossibility – unknown to the offender prevented the intended crime
EX: Pickpocket an empty wallet
The use of means whose quality or quality to use the crime means
Attempted – the means are sufficient but the intended crime does not produce
Frustrated
Why punish criminal crime - To teach the person for his criminal perversity
Is there a attempted and frustrated NONE why? IC is a formal crime either consummated or not
consummated at all
Unconsummated – criminal intent attempted/consummated both were not accomplished
Unconsummated - The accomplishment of a crime is prevented by intervention or by accident
IC – intent of offender cannot be accomplished because of its inherent Impossibility because

inadequate/ ineffectual
Stages of Execution
Internal acts – constitutes, covers mere ideas in the mind of a person not punishable even if had been
carried out they would constitute a crime.
External acts –
 preparatory acts those that do not direct connection to the crime which the intender commits
Not Punishable
X when the law expressly provides that is a crime itself
acts of execution – punishable under RPC (To bring about equitable punishment)
Attempted Offender commences the commission of felony directly by overt acts, and does not
perform all the acts of execution
Frustrated
Consummated all of the acts necessary for the execution was committed
Subjective phase starts from the point the offenders begins up to control over his acts
Objective Phase performs
Moral Turpitude everything which is done contrary to justice, modesty or good morals. An act
of baseness vileness or depravity in the private social duties which a man owes his fellowman or
society

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PRINCIPLES OF CRIMINAL LAW

1. Mala in se and Mala prohibita

 Mala in se there must be a criminal intent.

2. Scope and Characteristic

1. Criminal Liability shall be in-cured:

Motive is Material in the ff case:

Mistake of fact – misapprehension of fact; without criminal intent

REQUISITE OF IMPOSSIBLE CRIME

Any/ or circumstance the crime could not be materializes

EX: Killing a dead person

2. Physical Impossibility – unknown to the offender prevented the intended crime

EX: Pickpocket an empty wallet

Unconsummated – criminal intent attempted/consummated both were not accomplished

Unconsummated - The accomplishment of a crime is prevented by intervention or by accident

IC – intent of offender cannot be accomplished because of its inherent Impossibility because

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