Criminal Law in the Philippines - Book I Summary

Criminal Law in the Philippines

• Criminal law in the Philippines defines crimes, explains their nature, and provides for their punishment.
• The Revised Penal Code (RPC) is the primary source of Philippine criminal law.
• The RPC is divided into two books:
  • Book I: General provisions, enforcement, application, offenses, criminal liability, and penalties.
  • Book II: Various crimes like those against national security, public order, public officers, drugs, persons, property, and chastity.
• The RPC has been revised multiple times due to historical factors, including:
  • French Penal Code (1810)
  • Spanish Penal Code (1870)
  • Royal Decree in the Philippines (1898)
  • Rulings of the Supreme Court, Special Laws
  • Penal Laws during US time
  • Executive orders of the President
  • Philippine Congress
  • Martial law
  • Batasan Pambansa
  • Post EDSA
  • Philippine Constitution

Summary of Book I

• Basic principles: History, sources, background of the RPC; Basis for punishment, construction, jurisdiction, and power to enact penal laws.
• Essentials of Criminal Law: Articles 1-2
• Title I: Felonies, duty of courts, stages of execution, and circumstances affecting criminal liability (justifying, exempting, mitigating, aggravating, and alternative).
• Title II: Persons criminally liable (principals, accomplices, accessories, exempt accessories).
• Title III: Penalties (general, classification, duration and effect, application, execution).
• Title IV: Extinction of criminal liability (total or partial).
• Title V: Civil liability (includes, extinction, and survival).

Jurisdiction of the RPC

• Except for provisions in treaties or laws with preferred application, the RPC is enforced:
  • Within the Philippine archipelago.
  • Outside the Philippine archipelago against those who:
    • Commit an offense on board a Philippine ship or airship.
    • Forge or counterfeit any coin, currency note, obligation, or security of the Philippines.
    • Are liable for the introduction of these securities.
    • Commit an offense in the exercise of their public functions.
    • Commit crimes against national security and the law of nations.

Felonies

• Felonies are acts and omissions punishable by law.
• Felonies can be committed through:
  • Deceit (Dolo) – deliberate intent.
  • Fault (Culpa) – imprudence, negligence, lack of foresight, or lack of skill.

Criminal Liability

• Criminal liability arises when a person:
  • Commits a felony, even if the wrongful act differs from what was intended.
  • Performs an act that would be an offense against persons or property, were it not for:
    • Inherent impossibility of its accomplishment.
    • Employment of inadequate or ineffectual means.

Doctrine of Mistake

• Mistake of fact: A person exercising due diligence acts under an erroneous appreciation of facts that, if true, would relieve them from criminal responsibility.
• Mistake of identity: The act or omission results from a mistake in the identity of the victim.
• Mistake of the blow: The act or omission results in a felony (complex crimes).
• No intention versus grave effect: Acts exceeding criminal intent.
• Impossible crime: Inherent impossibility or employment of inadequate means.

Duty of the Court

• If an act should be repressed but is not punished by law, the court should:
  • Render the proper decision and report to the Department of Justice (DOJ) for suggested legislation.
  • In the case of an excessive penalty, execute the sentence and report to the DOJ.

Stages of Execution of Felonies (Dolo)

• Consummated Felony: All the elements necessary for its execution and accomplishment are present.
• Frustrated Felony: All acts of execution are performed but no felony is produced.
• Attempted Felony: The offender begins the execution of the felony but does not perform all the acts of execution, except in cases of spontaneous desistance.

Light Felonies

• Light felonies are punishable only when they are:
  • Consummated (except those involving personal property).
  • Against persons.
  • Against property if the value exceeds P5.00.

Conspiracy and Proposal to Commit a Felony

• Generally, these acts are not punishable, except for treason.

Circumstances Affecting Criminal Liability

Justifying Circumstances

• These circumstances make acts not criminal and free from criminal and civil liability.
  • Self-defense: Unlawful aggression, reasonable necessity, and lack of sufficient provocation.
  • Defense of relatives: Unlawful aggression, reasonable necessity, and no participation in the provocation.
  • Defense of strangers: Unlawful aggression, reasonable necessity, and not induced by revenge, resentment, or evil motive.
  • State of necessity: Evil exists, injury feared is greater, no other practical means, and no other crime is committed.
  • Fulfillment of duty or exercise of office: Acted in the performance of duty, injury caused was a necessary consequence.
  • Obedience to a superior order: Order issued, for legal purpose, and means are lawful.

Exempting Circumstances

• These circumstances make an act neither voluntary nor negligent.
  • Imbecile or insane person: Complete deprivation of intelligence and reason.
  • Age below 9 years old: Absolute irresponsibility.
  • Age between 9 and 15 years old: Unless with discernment.
  • While performing a lawful act with due care, causes injury.
  • Acts committed by an irresistible force: Physical, irresistible, third person.
  • Acts done by uncontrollable fear: Fear is greater and gravity to succumb.
  • Failure to perform an act required by law: Previous lawful or insuperable cause.
    • Instigation: Induce a person to commit a crime.
    • Entrapment: Catch the criminal.

Mitigating Circumstances

• These circumstances reduce the penalty.
  • Incomplete justifying or exempting circumstances.
  • Offender is under 18 years old or over 70 years old.
  • No intention to commit so grave a wrong.
  • Sufficient provocation or threat on the part of the offended party exists.
  • Vindication of a grave offense.
  • Passion and obfuscation.
  • Voluntary surrender to the authorities.
  • Offender’s physical defect: Deaf and dumb which limits communication
  • Offender’s illness: Diminution of intelligence and intent.
  • Analogous mitigating circumstances: Jealousy, poverty, failing eyesight, etc.

Aggravating Circumstances

• These circumstances increase the penalty without exceeding the maximum.
  • Advantage taken by the offender of his public position.
  • Crime committed in contempt of public authorities.
  • Act committed with insult or disregard of rank, age, or sex.
  • Crime committed with abuse of confidence or obvious ungratefulness.
  • Crime committed in the place of the Chief Executive, or in a place dedicated to religious worship.
  • Crime committed at nighttime, in an uninhabited place or by a band.
  • Crime committed on the occasion of a conflagration, earthquake, etc.

Participation in Felonies

• Principal: One who directly participates in the execution of the felony.
• Accomplice: One who cooperated in the execution of the felony by previous or simultaneous acts.
• Accessory: One who, knowing of the commission of the felony, did not participate but:
  • Profited from the effect of the crime.
  • Assisted the offender to profit.
  • Concealed or destroyed the body or instruments of the crime.
  • Harbored or concealed the offender or assisted in his escape.

Exempt Accessories

• Accessories may be exempt from criminal liability if they are related to the offender, except if they profit from the effects of the crime.

Penalties in General

• A penalty is the suffering inflicted by the State for the transgression of law.

• General Conditions of Penalties:

  • Must produce suffering without affecting one's integrity.
  • Must be commensurate to the offense.
  • Must be personal, certain, equal for all, and correctional.
  • Must be legal and have a basis in law.

• Penalties are Classified According To:

  • Subject Matter:

    • Deprivation of freedom: Reclusion perpetua, prison mayor, prison correctional, arresto mayor, arresto menor.
    • Restriction of freedom: Destierro.
    • Deprivation of Rights: Suspension.
    • Pecuniary: Fine.

  • Divisibility:

    • Indivisible: Do not have a fixed duration.
    • Divisible: Have a fixed duration and are divided into maximum, medium, and minimum periods.

  • Gravity:

    • Afflictive: Grave punishments
    • Correctional: Moderate punishments.
    • Light: Minor punishments.

  • Common Penalties:

    • Fine:
      • Afflictive if more than P6,000.
      • Correctional if not less than P200 but not more than P6,000.
      • Light if less than P200
    • Bond to keep the peace.

• Accessory Penalties:

  • Perpetual or temporary absolute disqualification.
  • Perpetual or temporary special disqualification.
  • Suspension from public office, the right to vote, and the right to hold office.
  • Civil interdiction.
  • Indemnification.
  • Forfeiture or confiscation of instruments and proceeds of the offense.
  • Payment of costs.

Penalties are Determined by:

• Stage of execution of the felony: Consummated, Frustrated, or Attempted
• Participation of the accused: Principal, accomplice, or accessory.