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Questions and Answers
What type of penalty is associated with reclusion perpetua?
Which penalty is classified under the maximum period of reclusion temporal?
Which stage of execution is NOT included in the rules for graduation of penalties?
What is the consequence of participating as an accessory in a felony?
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Which penalty corresponds to the maximum period of prision correctional?
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Which of the following defines 'dolo' in the context of committing a felony?
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What is 'culpa' characterized by?
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Which doctrine involves misleading facts that could relieve a person from criminal responsibility?
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Under what circumstance can a person incur criminal liability despite no felony occurring?
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What defines the 'frustrated' stage of execution in criminal acts?
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What does the 'objective phase' refer to in the stages of execution?
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What action should be taken by the court if an act is not punishable by law?
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In cases of 'attempted felonies', what characterizes the act?
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What is the primary purpose of the Revised Penal Code?
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Which of the following articles focuses on the extinction of criminal liability?
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When did the Revised Penal Code officially take effect?
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Which title in Book I of the Revised Penal Code discusses the duty of courts and stages of execution?
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What defines felonies within the context of the Revised Penal Code?
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Which of the following is NOT a source of the Revised Penal Code?
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Which situation allows for jurisdiction outside the Philippine archipelago?
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Which component of the Revised Penal Code pertains specifically to civil liability?
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What is the historical significance of the Royal Decree in 1898 related to the Revised Penal Code?
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Which of the following principles does Title II of Book I cover?
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What is the maximum penalty for light felonies?
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Which of the following is NOT considered a justifying circumstance?
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What age group is considered to have absolute irresponsibility under the law?
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Which circumstance serves to mitigate criminal liability?
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What is the classification of felonies that include capital punishment?
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What is one circumstance that aggravates criminal liability?
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Which of the following acts is categorized as exempting from criminal liability?
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Which describes 'conspiracy and proposal to commit felony' under Article 8?
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What type of felonies are corrected through imprisonment of 6 months to 6 years?
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What is a primary characteristic of a light felony?
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What is the classification of penalties according to their gravity?
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Which of the following penalties is considered afflictive?
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Which accessory penalty involves the loss of rights related to public office?
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What is the duration of the penalty for Reclusion temporal?
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Which of the following statements regarding penalties is correct?
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What is the minimum duration for the penalty of Arresto mayor?
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Which of the following is NOT a class of penalties based on divisibility?
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In terms of accessory penalties, what is NOT included?
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Which of these situations would qualify a person as an accessory after the fact?
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What type of felony requires different penalties based on their severity?
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Study Notes
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.
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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
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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.
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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.
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Gravity:
- Afflictive: Grave punishments
- Correctional: Moderate punishments.
- Light: Minor punishments.
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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.
- Fine:
-
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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.
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Description
Explore the foundations of criminal law in the Philippines, focusing on the Revised Penal Code. This quiz summarizes the general provisions, enforcement, application, offenses, and penalties as outlined in Book I. Understand the historical context and revisions that have shaped these laws over time.
