CRIMINAL LAW 1

GENERAL PROVISIONS
Criminal law
That branch or division of law which defines crimes, treats of their nature and provides for their
punishment
Crime
An act committed or omitted in violation of public law forbidding or commanding it
Sources of Philippine Criminal law
1. RPC and its amendments
2. Special Penal Laws
3. Presidential Decrees during Martial Law
( Court Decisions are not sources, being merely explanations of the meaning of laws)
Purpose of the state in punishing the crimes
1.
2.
3.
4.

State wants to secure justice

Has own existence to maintain
Conscience to assert
Moral conscience to vindicate

POLICE POWER the inherent power of the state in promoting public welfare by restraining and regulating
the use of liberty and property
Common Law Crimes
Body of principles, usages and rules of action which do not rest for their authority upon any express
and positive declaration of the will of legislature.
The State has the authority, under its police power, to define and punish crimes and lay down the rules of
criminal procedure, EXCEPT:
1. No ex post facto law or bill of attainder shall be enacted (prohibits the passage of retroactive laws)
2. No person shall be held to answer for a criminal offense without due process of law (laws must be of
general application and must clearly define the acts and omissions punished as crimes)
Ex post facto law
1. Makes criminal an act done before the passage of the law and which was innocent when done, and
punishes such an act
2. Aggravates a crime, or makes it greater that it was when committed
3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when
committed
4. Alters the legal rules of evidence and authorizes conviction upon less or different testimony than the
law required at the time of the commission of the offense
5. Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right
for something which when done was lawful
6. Deprives a person accused of a crime some lawful protection to which he is entitled
Bill of attainder
A legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative
act for a judicial determination of guilt.
Constitutional rights (Constitution)
Right to speedy disposition of cases before all

Statutory rights (Criminal Procedure Rule 115)

To be presumed innocent until the contrary is

judicial quasi judicial or administrative bodies.

No person shall be held to answer for a criminal
offense without due process of law
All persons, except those charged with offenses
punishable by RP when evidence of guilt is strong,
shall before conviction, be bailable by sufficient
sureties or be released on recognizance as may be
provided by law
The accuses shall be presumed innocent until the
contrary is proved

No person shall be compelled to be a witness

against himself
Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted
No person shall be put in jeopardy of punishment
for the same offense. If an act is punished by law
and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution
for the same act
Free access to the courts and quasi-judicial bodies
and adequate legal assistance shall not be denied to
any person by reason of poverty.

proved beyond reasonable doubt

Be informed of the nature and cause of the
accusations against him
Be present and defend in person and by counsel at
every stage of the proceedings, from arraignment to
promulgation of the judgment

Testify as a witness in his own behalf but subject to

cross examination on matters covered by direct
examination. His silence shall not in any manner
prejudice
Be exempt from being compelled to be a witness
against himself
Confront and examine the witness against him at
trial
Have compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf

Have a speedy, impartial, and public trial

Appeal in all cases allowed and in the manner

prescribed by law.
Rights which may be waived
1. Personal rights waivable
2. rights involving public interest may not ba waived
Characteristics of Criminal law
1. General
2. Territorial
3. Prospective
GENERALITY
Criminal law is binding on all persons who live or sojourn in the Philippine territory EXCEPT as
otherwise provided in:
1. Treaties (e.g. RP-US Visiting Forces Accord, Bases Agreement)
2. Laws of preferential application
E.g. RA No. 75, in favor of diplomatic representatives and their domestic servants. Domestic
servants who is a Filipino is not exempted unless the name of the servant is registered with the DFA
and to the Chief of Police in Manila. In addition, the foreign country must likewise provide similar
protection to our diplomatic representatives. Persons exempt are:
a. Sovereigns and other chiefs of state
b. Ambassadors, ministers plenipotentiary, ministers resident, and charges daffaires.
(also the official retinue )
Consuls, vice consuls, and other commercial representatives are not exempted in the
absence of a treaty to the contrary
As a general rule, the jurisdiction of the civil courts is not affected by the military character of the
accused. The civil courts have concurrent jurisdiction with military courts. However, once military
courts take jurisdiction, the articles of war shall be applied and not the RPC. The first court who took
jurisdiction excludes the other.

TERRITORIALITY
o

Article 1 of the 1987 Constitution provides:

the national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines ahs 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 dimension, form part of the internal waters of the
Philippines.

As a General Rule, Criminal laws undertake to punish crimes committed within Philippine territory
EXCEPT: (Art.2)
1. Should commit an offense while on Philippine ship or airship
Philippine aircraft or vessel is that which is registered in the Bureau of Customs
Philippine courts have no jurisdiction for crimes committed in the high seas on board vessels
not registered
2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities
issued by the Government of the Philippines
Forgery or counterfeiting in a foreign country, may be prosecuted before our civil courts
3. Should be liable for acts connected with the introduction into the Philippines of the obligations and
securities mentioned in the preceding number
4. While being public officers or employees should commit an offense in the exercise of their functions
Direct/indirect bribery, fraud against public treasury, possession of prohibited interest,
malversation of public funds or property, falsification committed with abuse of position,
illegal use of public funds/ property, failure to render accounts, failure to make delivery of
public funds/property
Felonies committed abroad while in the exercise of his functions
5. Should commit any of the crimes against national security and the law of nations, defined in Title One
of Book Two of the RPC
Treason, conspiracy and proposal to commit treason, espionage, violation of neutrality,
correspondence with hostile country, flight to enemys country, piracy and mutiny on the high
seas.
PROSPECTIVITY
A penal law cannot make an act punishable in a manner in which it was not punishable when
committed EXCEPT, whenever a new statute establishes conditions more lenient or favorable to the accused,
in which case, it can be given retroactive effect EXCEPT FURTHER:
1. The new law expressly made inapplicable to pending actions or existing causes of action
2. Where the offender is habitual criminal under Rule 5
REPEALS
1. New law making the penalty lighter = New law EXCEPT when the offender is a habitual delinquent
or when the law is made not applicable to pending actions
2. New law making the penalty heavier = Old law will apply
3. New law totally repeals existing law making the act not punishable anymore = the crime is
obliterated.
Construction of penal laws
1. Penal laws are strictly construed against the Government and liberally in favor of the accused (only
when it is ambiguous and there is doubt , and not when the law is clear and unambiguous)
2. The Spanish text is controlling, since it was approved by the Philippine Legislature in its Spanish text.
Article 1 Date of Effectiveness
Theories in Criminal Law

1. Classical the basis of criminal liability is human free will and the purpose of the penalty is
retribution
2. Positivist man is subdued occasionally by a strange and morbid phenomenon which constrains him
to do wrong, in spite of or contrary to his own volition
Crimes committed on board foreign merchant ship or airship
1. French Rule not triable UNLESS it affects the peace and security of the territory or the safety of the
State
2. English Rule triable, UNLESS it merely affects things within the vessel or to the internal
management thereof.
o

Situations
A crime committed inside Philippine ship or airship = Philippines has jurisdiction even
though outside Philippine territory
Vessel/aircraft inside the territory of the foreign country = Foreign country
Crime committed on the high seas/ not registered = Philippines has no jurisdiction
FISCAL
Philippine vessel of Philippine Registry (With the Bureau of Customs)
a. Within the territory of another = Philippine laws do not apply but that of the country having
jurisdicition
b. If on the high seas/beyond the Philippine jurisdiction = Philippine laws apply following the
UNCLAWS
Unregistered Vessel
a. The nationality of the owners are determinative factors
b. If unassumed by foreign country, the Philippines assumes jurisdiction
In Transit/continuing offense

a. Do not use opium = Philippines has no jurisdiction

b. Uses opium = Philippines has jurisdiction.
c. Possession of prohibited drugs while anchored in manila = Phils. Has jurisdiction
d. Warships = extension of the country owning it.
Take not that warships are always considered as the extension of a countrys jurisdiction, unlike
merchant ships

Article 3 FELONIES
FELONIES acts or omissions punishable by law

Act overt/external act defined by RPC as felony

Omissions inaction. There must be a law punishing the inaction

Classification of felonies according to the means by which they are committed

1. Intentional felonies the act or omission is malicious. The offender has the intention to cause an
injury to another
2. Culpable felonies the act or omission is not malicious. The injury is unintentional and results from
imprudence, negligence, lack of foresight or lack of skill.
(imprudence nave/deficient in action, negligence carelessness/deficient in perception, foresight
insight)
Elements of Felonies

Requisites Intentional
Felonies (Dolo/Malice)

Requisites of
Culpable Felonies

Requisites of Mistake of
fact

1.There must be an act or

omissions
2.The act or omission is
punishable by law
3.The act is performed or
the omission incurred by
means of dolo or culpa

Freedom (while doing an act

omitting to do an act)
Intelligence (has
discernment)
Intent (shown in overt acts)

Freedom
Intelligence
Negligence,
imprudence, lack of
foresight , lack of skill

1.That the act done would

have been lawful had the
facts been as the accused
believed them to be
2.That the intention of the
accused in performing the
act should be lawful (the
accused must not have
acted maliciously and
willfully)
3.That the mistake must be
without fault or
carelessness on the part of
the accused.

Felonies committed by means of fault or culpa

Performed without malice, but at the same time punishable though in a lesser degree and with an
equal result. At intermediate act which qualifies as imprudence or negligence.
Mistake of fact misapprehension of fact on the part of the person who caused injury to another.

Had they been the real fact, there would not be any felony committed. But even if they were not the
real facts, since the accused acted in good faith, they acted without intent, hence their acts were
involuntary
Mistake must be without fault or carelessness on the part of the accused.
The act must be lawful.

Crimes defined and penalized by special laws third class of crimes

Intent to commit the crime is not necessary. It is sufficient that he has the intent to perpetrate the act
prohibited. Motive is not sufficient.
The act alone constitutes the offense
By doing the act, it is considered that the act is injurious to public welfare
Good faith and absence of criminal intent are not valid defenses

Can crimes be mala in se and mala prohibita at the same time? Or can a single incident violate special
law at the same time violate RPC?
Yes, when acts are inherently immoral, they are mala in se even if punished under special law.
Intent vs Motive
o
o

Motive the moving power which impels one to action or a definite result
Intent the purpose to use a particular means to effect such results.

When is motive relevant

1.
2.
3.
4.

In proving the identity of a person accused of having committed a crime is in dispute

When there is doubt as to the identity of the assailant
In ascertaining the truth between two antagonistic theories or versions of the killing
The identification of the accused proceeds from an unreliable source and the testimony is
inconclusive and not free from doubt
5. There are no eyewitness and the suspicion is likely to fall upon a number of persons
6. Evidence is merely circumstantial
How to prove motive?
By the testimony of witnesses on the acts or statements of the accused before or immediately after the
commission of the offense.

Nature
Intent
Law
Effect
Circumstances/stages
Good Faith
perpetrators

Mala in se
Inherently wrong
Intent is required
RPC
Whole society
Applicable
Is a defense
May be a principal,
accessory or accomplice

Mala prohibita
Wrong because of the special law
Intent is not required, commission is enough
Special law
Affects only a portion of society
Circumstances are not applicable
Is not a defense
None. All are deemed principals

Article 4 Criminal liability shall be incurred :

1. By any person committing a felony although the wrongful act done be different from that which
he intended
Requisites:
a. That the intentional felony has been committed
no felony when not punishable by RPC (attempting a suicide)
or when covered by any of the justifying circumstances (self-defense, defense of a
relative, a stranger or fulfillment of duty)
any person who creates in anothers mind an immediate sense of danger, which
causes the latter to do something resulting in the latters injuries, is liable for the
resulting injuries (PP vs Toling)
one is not relieved from criminal liability for the natural consequences of ones illegal acts,
merely because one does not intend to produce such consequences
el que es causa de la causa es causa del mal causado he who is the cause of the cause is
the cause of the evil caused.
The person should commit a felony punishable by RPC, since an offense committed
punishable by the special law lacks the intent. Thus if he has not committed a felony, he is
not criminally liable for the result which is not intended.
Causes which may produce a result different from that which intended are:
Error in personae/ mistake in identity
Aberratio ictus/ mistake in the blow the offender intending to do an injury to one person
actually inflicts it on another
e.g. lack of precision in shooting
Praeter intentionem/ - the act exceeds the intent. The injurious result is greater than that
intended
e.g. punches a person but hit the pavement and dies.
b. That the wrong done to the aggrieved party be the direct,natural, and logical
consequence. Examples are:
The victim who was threatened or chased with a knife jumped into the water and
drowned
The victim removed the drainage from the wound because of extreme pain, he
developed peritonitis and died
Other causes cooperated in producing the fatal result, as long as the wound inflicted
is dangerous and calculated to destroy life
The offended party refused to submit to surgical operation.
The injury was aggravated by infection (the infection should not be caused by the
malicious act of the injured, one is only liable for his own acts and their natural
and logical consequences, and not for those which bear no relation to the initial
cause . note that the victim is not obliged to submit to a surgical operation to
relieve the accuse.
The victim was suffering from internal malady
Blow was efficient cause of death
Blow accelerated death
Blow was proximate cause of death

Proximate cause is that cause which in its natural and continuous sequence, unbroken by any
efficient intervening cause, produces the injury and without which the result would not have occurred.
(proximate = immediate)
There is no proximate cause if:
1) There is an active force that intervened between the felony committed and the injury
2) The resulting injury is due to the intentional act of the victim
The following are not efficient intervening causes: (causes not capable of superseding the cause and effect)
a)
b)
c)
d)
e)

The weak or diseased physical condition of the victim

The nervousness or temperament
Causes which are inherent in the victim
Neglect of the victim or third person
Erroneous or unskillful medical surgical treatment as when the assault took place in an outlying barrio

When death is the natural consequence of physical injuries inflicted

a) The victim previously were in normal health
b) Death may be expected from the physical injuries inflicted
c) Death ensued within a reasonable time.
2. By any person performing an act which would have been an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means. (impossible crime)
Requisites:
a) That the act performed would be an offense against persons or property
b) That the act was done with evil intent
c) That its accomplishment is inherently impossible or that the means employed is either
inadequate or ineffectual
d) That the act performed should not constitute a violation of another provision of the RPC
The felony should not be actually committed for there would be no impossible crime to speak
of
Felonies against persons are:
o Parricide
o Murder
o Homicide
o Rape
o Physical injuries
o Abortion
o Duel
o Infanticide
Felonies against property:
o Robbery
o Brigandage
o Theft
o Usurpation
o Culpable insolvency
o Swindling and other forms of deceit
o Chattel mortgage
o Arson and other crimes involving destruction
o Malicious mischief.
Art. 5
Art. 8 Light felonies are punishable only when they have been consummated, with the exception of
those committed against persons or property.
o

What are light felonies (Art. 9 par.3)

Infractions of law for the commission of which a penalty of arresto menor or a fine not
exceeding 200 pesos, or both is provided
o

Light felonies in RPC (MISTA)

Malicious mischief
Intriguing against honor
Slight physical injuries
Theft
Alteration of boundary marks.

Generally, felonies have to be consummated BUT Felonies committed against persons or property are
punishable even if attempted or frustrated because the law punishes the moral depravity of the person.

Art. 8 Conspiracy and proposal to commit felony are punishable only in cases in which the law
specifically provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decided to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to some
other person or persons.
o

In the absence of a law specifically providing a penalty, mere conspiracy and proposal to commit
felony are not punishable. REASON: preparatory acts are regarded by law as innocent except in rare
cases.
Examples of conspiracies punishable under RPC are treason (against external security), rebellion and
sedition. In the event that these felonies have been committed, the person committing the same shall
be liable only for the crime committed and the conspiracy is absorbed since the conspiracy is only a
manner of incurring criminal liability.
Indications of conspiracy
Acts aimed at the same object, one performing one part and the other performing another
part, that their acts were concerted and cooperative indicating closeness
There must be unity of purpose and unity in the execution of the unlawful objective.
Period of time to afford opportunity for meditation and reflection, not required in conspiracy.
Direct proof is not essential to establish conspiracy, and may be inferred from the collective
acts of the accused before, during and after the commission of the crime.
Conspiracy must be proven beyond reasonable doubt and must be established by positive and
conclusive evidence.

Requisites of conspiracy
1. 2/more persons came to an agreement
2. the agreement concerned the commission of a
felony
3. the execution of the felony be decided upon
o

Requisites of proposal
1. a person has decided to commit a felony
2. he proposes its execution to some other persons or
person

In proposal, the treason or rebellion should not be actually committed. However if the same was
actually committed after and because of the proposal, the proponent would be liable as principal by
inducement.
It is not necessary that the person to whom the proposal is made agrees to commit treason or
rebellion.

Art. 9 Grave felonies are those which the law attaches a capital punishment or penalties which in any of
their periods are afflictive, in accordance with Article 25 of this Code
Less grave felonies are those which the law punishes with penalties which in their maximum are
correctional, in accordance with the above-mentioned article
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.

Sec. 10 Offenses which are or in the future may be punishable under special laws are nto subject to the
provisions of this Code. This code shall be supplementary to such laws, unless the latter should
specially provide the contrary.
o

Cases
1. Us vs Taylor = There are no common law crimes in the Philippines.
2. Us vs sweet = As a general rule, the jurisdiction of civil courts is not affected by the military character
of the accused. Civil courts have concurrent jurisdiction with military court martials. However, when
military courts take cognizance, RPC will not apply but the articles of war, and the prosecution before
the court martial bars another prosecution for the same offense.
3. People vs Tamayo = When the repeal is absolute the offense ceases to be criminal.
4. Us vs Ah Chong =
5. Pp vs sunico
6. Pp vs arsenia Garcia
7. Pp v de Fernando
8. Pp vs narvaes
9. Us vs taniego
10. Tabuena vs sandiganbayan

Legal maxims
1. Cessante ratione legis cessat ipsa lex the reason for the law ceasing, the law itself also ceases.
2. Nullum crimen nulla poena sine lege - there is no crime when there is no law punishing it
3. Actus non facit reum, nisi mens sit rea a crime is not committed if the mind of the person
performing to act complained be innocent
4. Ignorantia facti excusat mistake of fact relieves the accused from criminal liability
5. Actus me invite factus non est meus actus an act done by me against my will is not my act