Pre-seek lecture in Criminal Law 1

By: Justice Cornejo

Classical- good points in case of heinous crimes
Eclectic combination of classical (penalty) and positivist (social crimes)
Positivist theory
Utilitarian/Protective theory- to protect society, not only wrongdoers but also the
potential (those who show an overt or propensity to commit crime)
Characteristics of crim law
1. Generality- ph law applies to all those who live and sojourn within PH territory.
Except: sovereigns, ambassadors, head of states (consuls and vice consuls
are not exempt from the general application of criminal law)2. Territoriality- physical boundaries (air, land and sea- 12 mile limit reckon from
the low watermark).- as long as the crime is committed within ph territorysubject to ph crim law and ph courts. Except (MEMORIZE)
a. Those who commit crime on board of Philippine ship or airship
b. Counterfeit currency, notes issued by ph govt
c. Guilty of introduction of those counterfeited currency and notes issued by
govt
d. Public officers/employees pursuant
French rule and English Rule- in relation to the crimes committed while on board
of foreign merchant vessel.
French Rule- court of the country of the foreign merchant vessel, except when it
affects public order or security
English Rule- PH court has jurisdiction except in case of internal management.
If crimes committed on board a warship- court of the country to which the warship
belongs. Said warship is an extension of the foreign country.
Commit a crime on ph ship or airship- not a question of ownership but registration.
If its a foreign-owned ship but registered in ph, PH court has jurisdiction
Prospectivity- law made to move forward, not backward. Apply to
act/transactions/circumstances that take place after the enactment/promulgation of
the penal laws. Exception: if it is favourable to the accused. It is not enough that the
penal law is favourable to the accused, the latter must not be a habitual delinquent
(art 62).

Habitual delinquency- is one of aggravating circumstance- found guilty of any of

serious pi, less pi, robbery, theft, estafa, falsification for the third time or oftener
(reckoning point- date of last release or date of last conviction- 10 years therefrom)
Art. 3- felony- an act/omission punishable by law- provides for the definition of
felony- committed either by dolo (intentional) or culpa (negligence).
Art. 4- ways by which a person incurs criminal liability
Difference bet intent and motivecrim intent is presumed from the commission of
an unlawful act. Cannot be presumed if it is a lawful act. Exception: when intent is
an element of the crime. Example: intent necessary in the crime of theft or robberyintent to gain. Physical injuries- mere inflict of injury.
Mistake of fact is an absolutory cause. MEMORIZE elements of mistake of fact.
1. It could have been lawful as the facts been as the accused believed them to
be.
2. Aberratio ictus
3. Praetor intentionem
Was the act felonious- 1st is to determine whether the act/omission is
punishable by law.
No crim liability, only civil in caseAct of jumping to commit suicide- not felonious, no law punishes the
commission of suicide.
Rule: if the act is not felonious, any incidental acts thereafter is not also
felonious.
Proximate cause- from cause to effect, nothing must have happened in
between. Determine first if the act is one of criminal act- cause. (it must be
unbroken,..)
Impossible crime- act would be an offense (not yet an offense) against person
or prop where if not due to inherent impossibility of its accomplishment or on
account of inadequate or ineffectual means not yet an offense but considered a
crime because it punishes the criminal propensity.
Case: a check pay to cash was stolen (with intent to gain), but it turned out that it
was a bounced check. it is an impossible crime because it would have been theft
(with intent to gain) but did not succeed because the check is inherently not
funded)
Poison mistakenly using sugar- impossible crime due to use of ineffectual means
Stages of crime:

(REMINDERS: IN BOOK 2, KNOW THE ELEMENTS OF EACH CRIME, NOT NECESSARILY

PENALTIES)
Consummated
Frustrated- intended crime not consummated due to causes beyond the control of
the perpetrator (example: if all acts are executed to kill someone but did not die due
to medical intervention); (if did not die due to an aid extended by the perpetrator
himself, not frustrated)
Attempted
Overt act
Mere intent- not punishable (ex. Buying a rat killer to be used for the intended
poisoning of intended victim)- mere preparatory act, not an overt act. Not
attempted stage. But if it was already positioned ready to poison the victim, but
instead the latter, a cat got it which died thereafter- attempted stage due to an
overt age
NO! NO! IN CRIMINAL STAGES: No frustrated rape, (CHECK RECORDING NO. 44 50
Bribery is consummated always (public officer/employee). Mere acceptance, though
not owned (subsequently returned)- consummated but Giver is liable for Attempted
corruption (giver) if not accepted.
Conspiracy is penalized only if expressly made a crime and given a penalty. if not
treated as crime, mere mode to commit a crimeConspiracy must be clearly and convincingly as the crime committed act of one,
act of all
Even if conspiracy did not succeed, if they commit conspiracy as defined as crime:
conspiracy to commit rebellion, sedition, treason, espionage, proposal to commit
rebellion, coup dtat
If its a conspiracy to commit murder, if not committed, not liable (because not
expressly made a crime as conspiracy)
VAWC- may conspiracy be applied to violation of RA 9262 (sec. 3 : offender must be
somebody who is related or connected to the victim- marriage, former marriage,
sexual or dating relationship). Victim charging VAWC the husband and in-laws. SC
ruled that even if the relationship is expressed in the law, the same provision does
not preclude the application of the principle of conspiracy under the revised penal
code. This calls for suppletory application of RPC in the special penal laws. Hence,
In-laws who conspired with the offender in committing the violence against the
victim- liable under conspiracy as punished by the revised penal code.

Justifying, exempting, mitigating, aggravating- modifying circumstances- changes

the crime
Justifying- no crime, no criminal liability; no civil liability since there is no crime
(except para 4- avoidance of greater injury or state of necessity- civil liability will be
borne by the one benefited);
Exempting- there is a crime but the criminal is exempt from crim liability; since
there is a crime, there is civil liability (except Para 4- accident & 7-insuperable
cause- no civil and crim liability in these 2 cases);
Different kinds of aggravating: Generic, specific- apply to specific crime, qualifyingchanges nature of crime, inherent- must accompany commission of crime and
special- quasi-recidivism
Justifying, exempting and mitigating- availed by the offender
Aggravating- prosecution avails of this
Justifying:
Indispensable requisite: unlawful aggression from the victim (common to all
instances of defense: self defense, defense of relative and defense of stranger)
Unlawful aggression must be existing when the defense was made.
Retaliation is never a self defense.
Reasonable necessity of the means employed to prevent or repel
Lack of sufficient provocation on the part of the person defending in defense of
relative (this is not a requirement- the victim may have shown provocation, as long
as the person defending does not take part thereto)
Defense of relative- spouse referred to is legal spouse. If paramour, defense of
stranger
Defense of stranger- it must be established that there is no retaliation or ill feelings
on the part of the person defending
State of necessity/avoidance of greater injury- exception in the rule that in
justifying, no crime, no civil liability.
Obedience to an order- not blind obedience, it must be obedience to a lawful order.
For it to be justified is compliance to a lawful order. But if one is asked to
comply with an unlawful order, refusal to comply the unlawful order, but
abide due to irresistible force, intimidation- acting in compliance with this
unlawful order due to the uncontrollable circumstances, not justified but
EXEMPTED.

Exempting circumstances:
Imbecility/insanity- imbecility crime committed in the state of insanity- total
deprivation of will power/ intelligence, exempted. If the crime committed during
lucid interval (aware what is happening), liable for the crime committed).
Prosecution must prove the state of lucid interval, not the defense.
2-7 years old- child not under the state of responsibility
State of epilepsy- covered by insanity as an exempting circumstance
Senility-not insanity, not exempting circumstance. Maybe mitigating
Minority- RA 9344
Accident- in relation to Art. 365 example: no intention to bump another vehicle
alleging accident; but maybe prosecuted under art. 365 (driving a vehicle, if
performing a lawful act but not with due care: liable for culpable felony; performing
lawful act with due care- exempt).- without due care- apply 365
Performing a criminal act under compulsion of irresistible force and impulse of
uncontrollable fear- if without choice but to do it- exempt (qualify: if the offender has
a choice to do or not).
Para 7- no crim and civil liab- insuperable force- cause that cannot be overcome
Absolutory cause- basically exempting circumstances (only they were defined
outside Art. 12)
1. Instigation
2. Mistake of fact
3. Total repeal of penal law.
As distinguished from extenuating circumstances- mitigating circumstance but
outside of art. 13.- example: abortion to conceal dishonor; (check recording no. 44
1:33)
Privilege mitigating circumstance- reduces the penalty by 1 degree
Minority; incomplete justifying- majority of the elements must be present except in
defense, there is specific requirement (in case of defense- unlawful aggression must
always be present in the 2 elements present, if 2 out of 3 no unlawful aggressionnot privilege mitigating), incomplete exempting- PMC
One penalty is one degree
One period is equal to 3 division of a degree (check recording # 45 2:57)

2 mitigating, no aggravating- privilege mitigating (1 degree lower)

Extenuating circumstance- mitigating but outside the enumeration of Art. 13
Absolutory- exempting but outside the enumeration of exempting circumstance
from the provocation to the reaction- there must be no interval of time
immediate vindication of grave offense to the one committing the felony- allows
interval of time vindication is like retaliation (it sinks before one reacts).
If both MCs arise from 1 and the same incidents, allow only 1 mitigating
circumstance, reduce the period to its minimum.
Passion or obfuscation for it to be mitigating, it must not have arisen from unlawful
sentiments. Must be lawful. Obfuscation- confussion.
Voluntary surrender- to be mitigating:
1. it must be a surrender of ones person, not the instrument used in the
commission of the crime.
2. It must be surrender prior to the issuance of warrant of arrest.
3. Must be spontaneous
Confession of guilt in open court- plea of guilty- to be mitigating
1. Must be conditional
2. Made before prosecution presents evidence
If offer to plead guilty for a lesser offense, to be valid and effective, it must be
with the consent of the prosecutor- no more considered as mitigating in the
offense pleaded as guilty. To be mitigating, it must be a plea to the offense
originally charged in the information.
Analogous circumstances- law recognizes analogous mitigating circumstances of a
similar nature to those mentioned in the article. Ex. Extreme poverty- analogous to
extreme necessity ; voluntary return of amount disbursed- analogous to voluntary
surrender. The law allows analogous mitigating circumstances, it does not provide
circumstances analogous to aggravating circumstances.
Aggravating Circumstances:
Act is committed in the palace of the chief executive or in his presenceinterpretations:
1. if the act is committed inside the palace even without the presence of the
chief executive;
2. if committed outside the palace but in the presence of the chief executive

If committed within malacanang grounds (building other than the palace)- not
aggravating, inside palace refers to the structure, the official residence of the
President.
Night time, uninhabited place or band- aggravating when they are resorted to to
facilitate the commission of the crime.
Crime committed by a band, with the aid of armedmen- band if it is committed by at
least 4 armed malefactors- all must be armed.
By a band- crime is participated by all and all members of the band must be armed.
Aggravating circumstance is taken against each one of them.
Crime committed with the aid of armed men- the material perpetrator relied on the
aid of armed man, the aggravating circumstance of aid of armed man applies only
to the principal perpetrator. The armed man who extended aid is considered an
accomplice. Aggravating circumstance will not be appreciated against the armed
man, only as against the material perpetrator.
Dwelling- aggravating circumstance if committed in the dwelling of the offended
party if the offended party has not given provocation. Even if the crime was
committed inside the dwelling of the offended party, but there is a provocation by
the offended party, dwelling is not considered an aggravating.
4 forms of repetition:
1. recidivism- previously convicted by final judgment of another crime under
same title of the present crime committed (both are under same title); it is
not enough that at the time he is being prosecuted with the present case, he
was convicted of another crime, it must be one of final judgment
2. quasi-recidivism- after having been convicted by final judgment or before
serving sentence or during service of sentence, he commits a new crime (not
required to be under the same title)- imposed penalty for the new crime but
imposed at the maximum
3. reiteration/habituality-offender has been previously punished (convicted) for
an offense to which the law attaches an equal or greater penalty than the
crime presently convicted. Ex. Previously convicted for homicide and now
presently convicted of homicide- there is habituality.
4. habitual delinquency- art 62- w/in 10 years from last date of conviction or last
date of release convicted of si physical injury, less serious pi, estafa, robbery,
theft and falsification.
Check recording 51 (missed transcription)

Recording # 46

Principal by inducement- liable when the crime is committed by the perpetrator due
to impulse of uncontrollable fear imposed upon him
Principal by indispensable cooperation- w/o his cooperation, crime would not have
been accomplished.
Accomplice likewise gives cooperation but the crime can still be committed even
without him.
In case of doubt, doubt should be resolved in favour of the accused.
Accessory- takes part subsequent to the commission of the crime
If the principal is at large or acquitted because he is exempt from criminal liability,
an accessory can be prosecuted as long it can be established that they take part
subsequent to the commission of the crime.
If principal is acquitted (ex. Exempt from criminal liability), accessory can still be
prosecuted for as long as the crime has been established.
MEMORIZE accessories exempt from criminal liability.
1. Accessory profits from the crime
If one take part subsequent to the commission of robbery or theft, essentially you
are an accessory. But under PD 1612- anti fencing law, he will be charged as a
principal (separate law punishes the accessory as principal)
Other than robbery and theft, if one take part subsequent to the commission ,
accessory (penalty: 2 degrees lower).
Difference between reclusion perpetua and life imprisonment
RP- penalty under RPC; remains as indivisible penalty (40 years max is consistent
only to the service of sentence, not necessarily making it as divisible penalty); it has
accessory penalties (accessory penalty deemed imposed in the judgment, not
necessarily be expressed). Under RPC, death has accessory penalty (only if death is
not executed)
LI- penalty under special law; indefinite; no accessory penalties
Subsidiary penalty is a principal penalty and must be expressly imposed in the
judgment- if cannot pay the fine, one cannot be forced to submit for imprisonment
(exception: in case of insolvency)
COMPLEX CRIME
Art. 48- compound crime and complex crime proper

Compound- 1 act (single act) producing 2 or more grave or less grave felonies.
If 1 act produces 2 or more grave or less grave felonies and light felony, information
must be separate for the light felony (Jason Ayvler- in case of criminal negligence,
Art 48 not applicable).
People vs Lawas- single act of pulling the trigger which killed several persons
(machine gun), it produces several grave or less grave felonies.
People vs Tabacco- same case above, SC ruled that in Tabacco, there is only 1 single
act, every bullet that killed a person constitute a single homicide. Lawas case is just
an exception because it cannot be traced from whom the bullets came, hence,
treated as one single crime (in Tobacco, specifically identified)
Continuing crime- 1 crime consisting of series of acts but all arising from 1 criminal
resolution and the series of acts were committed in 1 place and at the same time
(example: theft of roosters stolen at same time- 1 act only)
Complex crime- actually commits 2 crimes; 1 act is necessary means to commit the
other crime. Necessary, not indispensable. Ex. Forcible abduction with rape; or
estafa thru falsification of public document failure to prove 1 component of the
crime does not necessarily follow with the other crime. Conviction on the other
crime is possible.
Effects of the attendance of mitigating circumstances in the imposition of penalty
Art 64- application of penalties divisible penalties- consider the attendance of
modifying circumstances
Divisible penalties- has 3 periods: max, med and min
1 mitigating 0 aggravating- apply penalty at its minimum
1 aggravating 0 mitigating- max
0 mitigating 0 aggravating- med

If indivisible:- Art. 63- In all cases in which the law prescribes a single indivisible
penalty,
-

Privilege mitigating, lower

Ordinary mitigating- does not affect the penalty

In case of indivisible penalty:

1 mitigating 0 aggravating- impose the lesser penalty

1 aggravating 0 mitigating- impose greater

0 mitigating 0 aggravating- impose lesser

If offense if penalized under special laws, no scale of penalties. If offense is

penalized under RPC, there is scale of penalties.
Art. 70- successive service of penalty rule-

When culprit (convict) is to serve 2 or more penalties, he shall serve him

simultaneously only if the nature of penalties will permit him to do so. If nature of
penalties will not allow simultaneous service, he has to serve them successively.
If both penalties are imprisonment, cannot be served simultaneously. This applies
only when the penalty differs such as imprisonment and payment of fine.
3-fold service of sentence rule- max of service must not be more than 3 x the most
severe penalty, maximum must not exceed 40 years. (applies when the total of all
penalties exceed the 3x most severe penalty but not to exceed 40 years).
Requisites for the application of the 3-fold rule:
1. Convict serve at least 4 penalties
2. Total of penalties exceed the most severe
1 penalty- 1 degree
Example: penalty prescribed is PM; 1 degree lower is PC
If penalty prescribed is PM- med to max. , penalty next lower in degree is PCmax to
PMmin.
1 degree, 1 degree down
1 period, 1 period down
1 period with 2 degrees, 2 degrees down
INDETERMINATE SENTENCE LAW- to redeem valuable human material consists of 2
penalties (min and max) service of min is ISL, one is eligible for parole (giving one
chance to rehabilitate).
MEMORIZE THOSE DISQUALIFIED TO AVAIL ISL
ISL- applies to both offenses under SPL and felonies under RPC but application
differs

Min and max- under ISL are not considered as periods but penalties
Under SPL- get the minimum which should not be lower than the min provided by
the law and max should not be higher than that provided by spl, do not consider
attendance of modifying circumstance. Exception: when special law uses the
nomenclature of RPC in setting the penalties. Ex: use reclusion perpetua, prision
mayor, etc. in this case, modifying circumstances can be considered.
SPL provides for its own penalties. Ex. 2 years to 10 years- determine Indeterminate
penalty: Indeterminate penalty 2 years as minimum to 8 years as maximum (any
min not lower than that prescribed min and max not higher than the max provided
as its max)
ISL in RPC
Indeterminate penalties consist of 2 penalties, the min and max. Consider the
penalty prescribed by the code. Min is anywhere within the range of penalty next
lower in degree as prescribed by the code.
Ex. Penalty prescribed is RTemporal- minimum is PMayor- 6yrs & 1day to 12 years
(minimum penalty)
Next step is determine the maximum. Here, apply the modifying circumstance:
1M 0A- min- RT minimum as maximum
1A 0M- max RT max as maximum
0M 0A-med RT med as maximum
In case there is Privilege mitigating- lower by 1 degree (example: penalty prescribed
is RTemporal- bring it down by 1 degree not by reason of ISL but due to presence of
PM- PMayor (indeterminate sentence will apply frm here, not from RTemporal)- ISL is
PCor as min and PM as maximum
Extinguishment of criminal liability:
1. Death of convict (not the offended party- mere witness in crim case). Civil liab
is extinguished (check recording #47 1:01)
Pardon- relieves the offender consequences of his acts
Amnesty- given by virtue of presidential proclamation with concurrence of congress,
hence, no need to prove as the court will take judicial notice thereof
Pardon- it has to be proven
Prescription of crime loss or forfeiture of the state to prosecute the offender (from
date of discovery or commission of crime)- terminated upon filing of the complaint

with the prosecutors office, even for purposes of preliminary investigation,

irrespective of nature of offense charged, unless otherwise by special law (which
provides its own period of prescription).
Prescription of penalty- loss or forfeiture of the state to impose the penalty
(prescription does not run when the convict runs out of the country)
Partial extinction
Commutation-reduction of penalty
Good conduct allowances
Execute penalty only upon final judgment
Civil liab that will be extinguished- only those that arises from the crime