CRIMINAL JURISPRUDENCE

Motive – refers to the reason or cause why a person or group of persons

will perpetrate a crime.
Instrument – is the means or implement used in the commission of the crime.
Opportunity – consist of the acts of omission and/or commission by a
person which enables another person or group of persons to perpetrate the
crime
SYSTEM
A combination of related elements that is functioning as a whole in order to
achieve a single goal or objective.
JUSTICE
Principle of dealing with fairness; equality in the application of law. The idea of
giving each person his due as a matter of right or treating person equally.
Arbitrary detention
 Committed only by a public officer or employee who detains another
person without legal grounds.
Illegal detention
 Committed only by a private person who detains another person without
legal grounds.
Delay in the delivery of arrested person to the proper judicial authority
 committed by police officer who shall detain any purpose for some legal
ground and shall fail to deliver such person to the proper judicial
authorities within the following period:
12 hours for crimes punishable by light penalties.
18 hours for crimes punishable by correctional penalties.
36 hours for crimes punishable by afflictive or capital penalties.

Why correction is the weakest pillar?

It is considered the weakest pillar of the criminal justice system because of its
failure to reform and rehabilitate offenders and prevent them from returning to
a criminal life.
JAIL
Is an institution for the confinement of persons who are awaiting final
disposition of their case.
It is also for the service of those convicted and punished with shorter sentences
usually up to three years.

General Application
It has General application because Criminal Law is binding on all persons who
reside or sojourn in Philippine territory.
Art. 2 of the Revised Penal Code states that the provisions of this Code shall be
enforced within the Philippine Archipelago, including its atmosphere, interior
waters and maritime zone, without reference to the person or persons who
might violate any of its provisions.
Art. 14 of the Civil Code provides that penal laws shall be obligatory upon all
who live or sojourn in Philippine territory.

Territorial Application
It is Territorial, in that criminal law undertakes to punish crimes committed
within the Philippine territory.
Art. 2 of the Revised Penal Code states that the provisions of this Code shall be
enforced within the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, which constitute the Philippine territory.

Extent of Philippine Territory for Purposes of Criminal Law:

Art. 2 of the Revised Penal Code provides that the provisions of said Code shall
be enforced within the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone.

Art. 1 of the 1987 Constitution provides as follows:

“The national territory comprises the Philippine Archipelago, with all the
islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The waters around, between and
connecting the islands of the Archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.

Prospectivity of Criminal Laws

It is Prospective, in that a penal law cannot make an act punishable when
committed. Crimes are punished under the laws in force at the time of their
commission
Art. 21 of the Revised Penal Code provides that no felony shall be punishable
by any penalty not prescribed by law prior to its commission.
Art. 366 of the Revised Penal Code provides that felonies are punishable under
the laws enforced at
the time of their commission.
Exception to the Prospective Application of Criminal Laws
Whenever a new statute dealing with crime establishes conditions more lenient
or favorable to the accused, it can be given a retroactive effect.
Exceptions to the Exception:
This exception has no application in the following instances:
where the new law is expressly made inapplicable to pending actions or
existing causes of actions.
Where the offender is a habitual delinquent/criminal under Art. 62 of the
Revised Penal Code.

Nota Bene:
The new law can still be given a retroactive effect if the offender is a Recidivist.

CHARACTERISTICS OF POSITIVIST THEORY

That man is subdued occasionally by a strange and morbid phenomenon which
constraints him to do wrong, in spite of or contrary to his volition.
That crime is essentially a social and natural phenomenon, and as such, (a) it
cannot be treated and checked by the application of abstract principles of law
and jurisprudence nor by the imposition of a punishment fixed and determined
a priori; (b) but rather through the enforcement of individual investigation
conducted by a competent body of psychiatrist and social scientists.
Error in personae or mistake in the identity of the victim;
Aberratio ictus or mistake in the blow, that is, when the offender intending to
do an injury to one person actually inflicts it on another; and
Praeter intentionem or when the injurious result is greater than that
intended or the act exceeds the intent.
Requisites of Impossible Crime
1. That the act performed would be an offense against persons or property.
2. That the act was done with evil intent.
3. That is accomplishment is inherently impossible, or that the means
employed is either inadequate or ineffectual.
4. That the act performed should not constitute a violation of another provision
of the Revised Penal Code.

When is a felony attempted?

A felony is attempted when the offender commences the commission of a felony
directly by over 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 (Art. 6, 3rd paragraph, RPC).
1. The offender commences the commission of the felony directly by overt acts;
2. He does not perform all the acts of execution which should produce the
felony;
3. The offender’s act be not stopped by his own spontaneous desistance; and
4. The non-performance of all the acts of execution was due to cause or
accident other than his own spontaneous desistance.
When is a felony frustrated?
A felony 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
(Art. 6, 2nd paragraph, RPC).

Elements of Frustrated Felony

1. The offender performs all the acts of execution;
2. All the acts performed would produce the felony as a consequence;
3. The felony is not produce ;
4. By reason of causes independent of the will of the perpetrator.

When is a felony consummated?

A felony is consummated when all the elements necessary for its execution and
accomplishment are present (Art. 6, 2nd paragraph, RPC).
Every crime has its own elements which must all be present to constitute a
culpable violation of a precept of law.

Requisites of Conspiracy
That two pr 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.

Is conspiracy punishable?
Conspiracy is punishable only in the cases in which the law specially provides
a penalty therefor (Art. 8, 1st paragraph, RPC).
Conspiracy is a felony when the law especially provides a penalty therefor. In
such cases, the mere agreement and decision to commit a particular felony is
punished by law. Thus, conspiracy to commit treason, rebellion and sedition is
punishable.
However, if after the conspiracy the offenders actually committed treason,
rebellion or sedition, the conspiracy ceases to be a felony and becomes only a
manner of incurring criminal liability, that is, the act of one conspirator is the
act of all the other conspirators.
What are grave felonies?
Grave felonies are those to which the law attaches the capita punishment or
penalties which in any of their periods are afflictive, in accordance with Article
25 of the Revised Penal Code (Art. 9, 1st par., RPC).

What are light felonies?

Light felonies are those infractions of law for the commission of which a penalty
of arresto menor or a fine not exceeding 200 pesos or both, is provided (Art. 9,
3rd par., RPC).

WHO ARE CONSIDERED AS PRINCIPALS?

Those who take a direct part in the execution of the act;
Those who directly force or induce others to commit it;
Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished (Art. 17, RPC).
Three Kinds of Principals:
1. Principal by Direct Participation (PDP) - Those who take a direct part
in the execution of the act.
2. Principal by Induction (PI) - Those who directly force or induce others
to commit a crime.
3. Principal by Indispensable Cupertino (PIC) - Those who cooperate in
the commission of the offense by another act without which the crime
would not have been accomplished.
WHO ARE CONSIDERED AS ACCOMPLICES?
Accomplices are those who, not being principals cooperate in the execution of
the offense by previous or simultaneous acts (Art. 18, RPC).
Requisites:
There must be a community of design; that is, knowing the criminal design of
the principal by direct participation, he concurs with the latter in his purpose;
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 in an efficacious way; and
There must be a relation between the acts done by the principal and those
attributed to the person charged as accomplice.
Examples of Cooperation by an Accomplice
By Previous Act -- Lending of a dagger or pistol to the murderer, knowing the
latter’s criminal purpose.
By Simultaneous Act – The defendant who held one of the hands of the victim
and tried to take away the latter’s revolver, while his co-defendant was
attacking him, is an accomplice for he cooperates in the execution of the crime
by simultaneous act without any previous agreement or understanding.

WHO ARE CONSIDERED AS ACCESSORIES?

Accessories are those who having knowledge of the commission of the crime,
and without having participated therein, either as principals or accomplices,
take part subsequent to its commission in any of the following manners:
By profiting themselves or assisting the offender to profit by the effects of the
crime.
By concealing or destroying the body of the crime, or the effects or instruments
thereof, in order to prevent its discovery.
By harboring, concealing or assisting in the escape of the principal of the
crime, provided the accessory acts with abuse of his public functions or
whenever the author of the crime 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 (Art. 19, RPC).

WHO ARE THE ACCESSORIES THAT ARE EXEMPT FROM CRIMINAL

LIABILITY? IS THERE ANY EXECPTION?
An accessory is exempt from criminal liability, when the principal is his--
 (a) spouse, or
 ascendant, or
 descendant, or
 legitimate, natural or adopted brother or sister, or (e) relative by affinity
within the same degrees.
 Nephew or niece not included among such relatives.
Accessory is not exempt from criminal liability even if the principal is related to
him, if such accessory:
profited by the effects of the crime, or
assisted the principal to profit by the effects of the crime.

Two Kinds of Complex Crime

1. Delito Compuesto or Compound Crime - When a single act constitutes
two or more grave or less grave felonies.
2. Delito Complejo or Complex Crime Proper - When an offense is a
necessary means for committing the other.
Nota Bene: A complex crime is only one crime as contemplated by law because
the offender has only one criminal intent.

DELITO COMPUESTO (Compound Crime)

Requisites:
That only a single act is performed by the offender.
That the single act produces two or more grave or less grave felonies.
Examples: Murder with Homicide, Homicide with Frustrated Homicide

DELITO COMPLEJO (Complex Crime Proper)

Requisites:
That at least two offenses are committed.
That one or some of the offenses must be a necessary means for committing
the other.
That both or all the offenses must be punished under the same statute.

Examples: Estafa through falsification of commercial documents.

Malversation through falsification of a public document.

Nota Bene: No complex crime when one of the offenses was committed for the
purpose of concealing the commission of the other.
Example:
After committing homicide, the accused in order to conceal the crime, set fire to
the house where it had been perpetrated.
Setting fire to the house is arson (Art 321). But in this case, neither homicide
nor arson was necessary to commit the other. Hence, the offender committed
two separate crimes of Homicide and Arson.

No complex crime where the offense is penalized by a special law.

In the case of Reocdica versus Court of Appeals, a grave or less grave felony
cannot be complex with a light felony. The light felony should be separated, no
to be complexed.
Elements of Treason:
1. The offender owes allegiance to the Government of the Philippines;
2. There is a war in which the Philippines is involved;
3. The offender either:
Levies war against the Government; or
Adheres to the enemies, giving them aid or comfort.

EVIDENCE NEEDED FOR CONVICTION IN TREASON

1. Testimony of at least 2 witnesses to the same overt act;
2. Confession of guilt by the accused in open court.

LIGHT THREATS
Elements:
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is imposed, even
though not unlawful
4. That the offender has attained his purpose or, that he has not attained his
purpose
Grave threats – when the wrong threatened to be inflicted amounts to a crime.
The case falls under Article 282.
Light threats – if it does not amount to a crime. The case falls under Article
283.

Distinction between threat and coercion:

The essence of coercion is violence or intimidation. There is no condition
involved; hence, there is no futurity in the harm or wrong done.
In threat, the wrong or harm done is future and conditional. In coercion, it is
direct and personal.

LIGHT COERCIONS
Elements:
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of violence or a
display of material force producing intimidation;
4. That the purpose of the offender is to apply the same to the payment of the
debt.

UNJUST VEXATION
In unjust vexation, any act committed without violence, but which unjustifiably
annoys or vexes an innocent person amounts to light coercion.
As a punishable act, unjust vexation should include any human conduct
which, although not productive of some physical or material harm would,
however, unjustifiably annoy or vex an innocent person. It is distinguished
from grave coercion under the first paragraph by the absence of violence.

ANTI – CARNAPPING ACT ( RA # 6539 )

“Carnapping” is the taking, with intent to gain, of a motor vehicle belonging to
another without the latter’s consent, or by means of violence against or
intimidation of persons, or by using force upon things.

QUALIFIED THEFT
THEFT IS QUALIFIED WHEN:
1.Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
*motor vehicle
*mail matter
*large cattle
*coconut from plantation
*fish from fishpond or fishery, or
4. On occasion of calamities and civil disturbance.

Republic Act 9231- Anti- Child Labor Act of 2003

Republic Act 10591- Comprehensive Firearms and Ammunition Regulation
Act
Republic Act 7080- Anti- Plunder Act
Republic Act 1379- Forfeiture of Ill- Gotten wealth
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