Year-End Lecture on Crim Law 1 PDF

BASIC PRINCIPLES: What is Criminal Law? It is that branch of our law which: o define crimes o treats / talks about their nature and o provides for their punishment Before you can even define a crime / talk about the effects that crime / provide for a punishment f...

BASIC PRINCIPLES: What is Criminal Law? It is that branch of our law which: o define crimes o treats / talks about their nature and o provides for their punishment Before you can even define a crime / talk about the effects that crime / provide for a punishment for the crime, you need to have a set of rules that you can refer to. This is our REVISED PENAL CODE. In the Philippines, our REVISED PENAL CODE is composed of 2 books: Book I - Articles 1 – 113 (gen prov / enforcement / appli / offenses / persons crim liab / penalties) Book II - Articles 114 – 365 (various crimes v natl sec / public order / pub off / drugs / persons / prop / chastity etc) How did we end up with a Revised Penal Code? French Penal Code - 1810 Spanish Penal Code - 1870 By Royal Decree in RP - Dec 1898 (1521 + Treaty of Paris) Rulings of the SC, Special Laws etc o On Oct 1927, Anacleto Diaz + com were tasked to CODIFY everything and so they came up with a REVISED PENAL CODE which took effect on 1 Jan 1932 Penal Laws during US time (treason, sedition etc + US Congress) Exec order of the Pres - 1945 Phil Congress - after US Independence (upper & lower house) Martial law - 1972 (Pres Marcos / PD) Batasan Pambansa - until Feb 1986 Post EDSA - 1986 (Pres Aquino / EO) Phil Constitution - 1987 (Pres Ramos / EP; Estrada x / Arroyo x) All these “historical factors” have had an adverse effect on our criminal laws (RPC) which is basically a written code that DTP 1 SUMMARY OF BOOK I (Crim Law 1): BASIC PRINCIPLES o History / sources / background of RPC o Basis for punishment / construction / jurisdiction (place, nature, person) / power to enact penal laws ESSENTAILS OF CL Articles 1 – 2 TITLE I Articles 3 – 15 o Felonies / duty of courts / stages of exec o Circumstances affecting crim liab (justifying / exempting / mitigating / aggravating / alternative) TITLE II Articles 16 – 20 o Persons crim liable (prin / accom / accessories / acc who are exempt) TITLE III Articles 21 – 88 o Penalties (general / classification / duration & effect / appli / execution) TITLE IV Articles 89 – 99 o Extinction of crim liab (total / partial) TITLE V Articles 100 – 113 o Civil liability (includes / extinction & survival) DISCUSSION: EFFECTIVITY Time when act takes effect 1 Jan 1932 Article 1 JURISDICTION Article 2 Except as provided in treaties / laws of pref appli, RPC shall be enforced: o within the Phil archi (territoriality) o outside the Phil archi against those: § Who commit an offense on board a Phil SHIP or AIRSHIP If FOREIGN vessel, apply English Rule (tried where found) § Who FORGE or COUNTERFEIT any coin / cur note / obli / secu of RP § Who are liable for the INTRO of these securities § Who commit an offense in the exercise of their pub functions § Who commit crimes against natl security & law of nations 2 TITLE I FELONIES AND CIRCUM AFFECTING CRIM LIABILITY (Articles 3 – 15) FELONIES Felonies are acts & omissions punishable by law. A felony may be committed by means of: Article 3 deceit (dolo) - deliberate intent fault (culpa) - imprudence / negli / lack of foresight / lack of skill CRIMINAL LIABILITY Article 4 Criminal liability shall be incurred by any person: Committing a felony, although the wrongful act be diff from what he intended Performing an act which would be an off v per /prop, were it not for the: o Inherent impossibility of its accomplishment o On account of the emp of inadequate / ineffectual means This article has given rise to the following doctrines: o Mistake of fact when a person exer due dili acts under the influ of an erroneous appreciation of facts which, If true, would relieve him from crim responsibility (US v Ah Chong) o Mistake of identity when the act or omis is the result of a mistake in the identity of the victim (P v Oanis) o Mistake of the blow when the act or omis results in a felony (complex crimes) o No intention v grave when the acts exceeded the criminal intent (“he who is the cause …”) o Impossible crime inherent imp / emp of iadequate means (positivist: crim tendencies sh be pun) DUTY OF THE COURT IN CON W ACTS WHICH SHOULD BE REPRESSED: Article 5 o If NOT punished by law, render the proper decision & report to DOJ for suggested legis o In case of EXCESSIVE PENALTY, exec sentence & report to DOJ (“dura lex sed lex”) 3 STAGES OF EXECUTION (dolo) o Consummated (s + o) Article 6 o When all the elements nec for its exec & accomp are present o Frustrated (s is completed but no felony arises) o Perf all acts of exec / prod fel / no felony is prod / causes ind of the will o Attempted felonies (s is interrupted) o Com dir by overt acts / does not perf all the acts of exec / other than spon desistance Note the 2 phases: o subjective (offender begins until he has control of his acts) o objective (when he has no more control of his acts) WHEN THE LIGHT FELONIES ARE PUNISHABLE? Article 7 o Light felonies (1 – 30 + fine not > 200) – intrig v honor / simp slander / sl phy inj / theft ,> 5.- o Consummated EXC pers / prop CONSPIRACY AND PROPOSAL TO COMMIT FELONY Article 8 o Definition / Gen not punishable EXC in cases of TRS GRAVE FELONIES, LESS GRAVE FELONIES & LIGHT FELONIES o Grave - capital punishment / afflictive periods (from 6 + 1 years to 40 years) Article 9 o Less grave - correctional (from 6 months to 6 years) o Light - 1 – 30 days + fine not > 200 OFFENSES NOT SUBJECT TO THE PROV OF RPC (not cov / suppl) Article 10 4 CIRCUMSTANCES WHICH JUSTIFY CRIMININAL LIABILITY Article 11 Justifying circumstances (in acc w law so free from crim & civ liab) o 1 Self-defense (unlaw aggr / reas nec / lack of suff prov) Includes right to prop / honor o 2 Defense of relatives (unlaw aggr / reas nec / no part in prov) Relatives entitled: SAD / lnaBS / affinity w/in same degree / consang w/in 4th degree o 3 Defense of strangers (unlaw aggr / reas nec / not induced by rev, res, evil motive) o 4 State of necessity (evil actually exists / injury feared is > / no other prac) o 5 Ful of duty or exer off (acted in the perf / injury caused is a nec conseq) o 6 Obed to sup order (order iss / legal purp / means is lawful) CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY Exempting circumstances (the act is neither voluntary or negligent) Article 12 o 1 Imbecile / insane person (comp deprivation of intell / no reason) o 2 9 years of age & < (absolute irresponsibility) o 3 9 - < 15 years of age, unless w discernment o 4 While performing a lawful act with due care, causes injury o 5 Acts comp of an irr force (physical / irres / 3rd person) o 6 Acts imp of uncont fear (fear is > = / gravity to succumb) o 7 Who fails to perform an act req by law, when prev by lawful or insup cause (act req / fails / insup cause) o Instigation - induce a person (not exempting) o Entrapment - catch the crim (exempting) 5 CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY Article 13 Mitigating circumstances (serve to reduce the penalty) o 1 Incomplete justifying or exempting circumstances o 2 Offender is < 18 years of age or > 70 years old o 3 No intention to commit so grave a wrong o 4 That suff prov or threat on the part of the offended party exists o 5 Vindication of a grave offense o 6 Passion and obfuscation o 7 Voluntary surrender to the authorities o 8 Offender’s physical defect (deaf & dumb which limits communication) o 9 Offender’s illness (diminution of intel & intent of the offender) o 10 Analogous mit circum (jealousy / poverty / failing eyesight, etc) CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY Aggravating circumstances (serve to increase the penalty w/o exceeding the max) Article 14 o 1 That advantage be taken by the offender of his public position o 2 That the crime be committed in contempt of public authorities o 3 That the act be committed with insult or in disregard of rank, age or sex o 4 That the crime be committed with abuse of confidence or obvious ungratefulness o 5 That the crime be committed in the place of the Chief Executive, or in a place dedicated to religious worship o 6 That the crime be committed at nighttime, in an uninhabited place or by a band o 7 That the crime be committed on the occasion of conflagration, earthquake, etc. o 8 That the crime be committed with the aid of armed men 6 o 9 That the accused is a recidivist (greater perversity due to inclination to commit crimes) o Involves at least 2 convictions § 1st must be a FINAL JUD and must take place prior to the 2nd conviction § 2nd must be embraced in the same TITLE of the Code o 10 That the offender has been previously punished o 11 That the crime be committed in consideration of a price, reward or promise o 12 That the crime be committed by means of inundation, fire, etc. o 13 That the act be committed with evident premeditation o 14 That craft, fraud or disguise be employed o 15 That advantage be taken of superior strength o 16 That the act be committed with treachery o 17 That means be employed or circumstances brought about which add ignominy to the natural effects of the act o 18 That crime be committed after an unlawful entry o 19 That as means to the commission of a crime a wall, roof, door or window be broken o 20 That crime be committed with the aid of persons under fifteen years of age or by means of motor vehicle ALTERNATIVE CIRCUMSTANCES o May be aggra or mit dep on the nature / effects / other circum Article 15 o Includes relationship / intoxication / education 7 TITLE II. PERSONS CRIM LIAB FOR FELONIES (Articles 16 – 20) Article 16 Who are criminally liable? For grave & less grave felonies - PAA For light felonies - PA o Principals Article 17 o Accomplice – those who cooperate in the exec by prev / simul acts Article 18 o Accessories - those who know + not participate, take part subsequent by: o Profiting / assisting the offender profit o Concealing / destroying the body or instru of the crime o By harboring / concealing / assisting in the escape Article 19 PD 1612 – Anti-Fencing Law of 1979 - crimes inv robbery / theft o Mere possession is prima facie evi of fencing Article 20 Accessories who are exempt from criminal liability o Appli to relatives EXC if you profit from effects of the crime 8 TITLE III. PENALTIES IN GENERAL (Articles 21 – 88) A penalty is the suffering that is inflicted by the State for the transgression of law GENERAL CONDITIONS: § Must be productive of suffering w/o affecting one’s integrity § Must be commensurate to the offense § Must be personal / certain / equal for all / correctional § Must be legal (needs a law for pun = Art 21) + retroactive if fav (Art 22) CLASSIFICATION: o According to subject matter: Deprivation of freedom - reclusion perpetua Restriction of freedom - destierro Deprivation of rights - suspension Pecuniary - fine o According to their divisibility: Indivisible – those which do not have a fixed duration (death / rec perpetua, perpetual abso or special disqual / public censure) Divisible – those which have a fixed dur & are always div into 3 periods: max / med / min (prison mayor) o According to their gravity: Afflictive Reclusion perpetua - life imprisonment (may be pardoned after serving 30 years) Reclusion temporal - 12 years + 1 day to 20 years Perpetual or temporary absolute disqualification (same as prision mayor) Perpetual or temporary special disqualification (same as prision mayor) Prision Mayor - 6 years + 1 day to 12 years 9  Correctional Prison correctional - 6 months, 1 day to 6 years Suspension (same as prision correctional) Destierro (same as prision correctional) Arresto mayor - 1 month, 1 day to 6 months Light Arresto menor - 1 day to 30 days Public Censure o Penalties Common to the Three Preceding Classes o Fine § Afflictive - if more than P6T § Correctional - if not less than P200 but not more than P6T § Light - if less than P200 o Bond to keep the peace § Accessory Penalties (see perpetua + afflictive) Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Suspension from public office, the right to vote and be voted for, the profession or calling Civil interdiction Indemnification Forfeiture or confiscation of instruments and proceeds of the offense Payment of costs 10 PENALTIES THAT MAY BE IMPOSED TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS Time included in Time included in its Time included in its Time included in its PENALTIES the penalty in its MINIMUM MEDIUM MAXIMUM ENTIRETY period period period Reclusion temporal From 12 years and From 12 years and From 14 years, From 17 years, 1 day to 20 years. 1 day to 14 years and 8 months and 1 day 4 months and 1 day 8 months. to 17 years and to 20 years. 4 months. Prision mayor, absolute From 6 years and From 6 years and From 8 years and From 10 years and disqualification & 1 day to 12 years. 1 day to 8 years. 1 day to 10 years. 1 day to 12 years. special temporary disqualification Prision correctional, From 6 months and From 6 months and From 2 years, From 4 years, suspension & destierro 1 day to 6 years. 1 day to 2 years and 4 months and 1 day 2 months and 1 day 4 months. to 4 years and to 6 years. 2 months Arresto mayor From 1 month and From 1 to 2 months. From 2 months and From 4 months and 1 day to 6 months. 1 day to 4 months. 1 day to 6 months. Arresto mayor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days. 11 IMPOSITION OF PENALTIES Article 50 - 57 Consummated Frustrated Attempted Principals Reclusion Temporal Prision mayor Prision correctional Accomplices Prision mayor Prision correctional Arresto mayor Accessories Prision correctional Arresto mayor Destierro RULES FOR GRADUATING PENALTIES Penalty to be imposed Penalty to be imposed upon the PRINCIPAL Penalty to be imposed Penalty prescribed for upon the PRINCIPAL in an attempted crime, upon the ACCESSORY Penalty to be imposed the crime in a frustrated crime, the ACCESSORY in in a frustrated crime, upon the ACCESSORY and the ACCOMPLICE the consummated and the ACCOMPLICE in an attempted crime in a consummated crime, and the in an attempted crime crime ACCOMPLICE in a frustrated crime First Case Death. Reclusion perpetua Reclusion temporal Prision mayor Prision correctional Second case Reclusion perpetua Reclusion temporal Prision mayor Prision correctional Arresto mayor to death Third case Homicide. Reclusion Prision mayor in its Prision correctional in Arresto mayor in its Fine and arresto mayor temporal in its maximum period to its maximum period to maximum period to in its minimum and maximum period to reclusion temporal in its prision mayor in its prision correctional in medium periods. death. medium period. medium period. its medium period. Fourth case Prision mayor in its Prision correctional in Arresto mayor in its Fine. maximum period to its maximum period to maximum period to reclusion temporal in prision mayor in its prision correctoional in its medium period medium period its medium period. 12 The foregoing rules for the graduation of penalties are based on the: o STAGE OF EXECUTION of the felony (consummated, frustrated and attempted) o PARTICIPATION of the accused (principal, accomplice or accessory) These rules have been reduced by academicians and legal writers into the following diagram, with “0” being the penalty for the principal in the consummated crime. Accused Consummated Frustrated Attempted Principal 0 1 2 Accomplice 1 2 3 Accessory 2 3 4 HABITUAL DELINQUENT o If within 10 years from the date of his release or last conviction Article 62 o of the crime of serious or less serious physical injuries / robbery / theft / estafa / falsification o he is found guilty of any of said crimes a third time or oftener Crimes Committed Date of Conviction Date of Release Theft April 1920 April 1923 Robbery May 1928 May 1935 Estafa June 1940 May 1935 INDETERMINATE SENTENCE LAW (purpose / instances not appli / application) Article 77 (Purpose is to provide an indeterminate sentence / parole for the person convicted) In the following instances, the Intermediate Sentence Law does not apply: 1. When the penalty to be imposed as found by the court will NOT exceed one (1) year. 2. When the penalty to be imposed is INDIVISIBLE, whether as a single indivisible penalty or the complex penalty of two indivisible penalties. 3. When the crime committed is in violation of the NATIONAL SECURITY of the state (treason, conspiracy and proposal to commit treason, espionage, privacy) 4. When the accused is found to be a HABITUAL DELINQUENT 5. When the accused is also found guilty of a crime against PUBLIC ORDER like rebellion and sedition. 13  6. To those who shall have ESCAPED from prison or EVADED sentence. 7. To those having been granted conditional pardon by the Chief Executive shall have VIOLATED the term thereof. ILLUSTRATION OF THE INDETERMINATE SENTENCE LAW: Suppose the accused is convicted of homicide, whose penalty is reclusion temporal. o The penalty imposable ranges between 12 years to 20 years o Any penalty found appropriate by the court between 12 years and 20 years of reclusion temporal is the MAXIMUM penalty to be imposed against the accused o Reclusion temporal is a DIVISIBLE penalty. therefore, the Indeterminate Sentence Law is made applicable. o In applying the same, the penalty should be reduced by one (1) degree. What is one (1) degree lower to reclusion temporal? Under Article 25, one degree lower to reclusion temporal is prison mayor. o The range of penalty for prison mayor is 6 years to 12 years. o In applying the ISL, the court is mandated by law to impose at its discretion any penalty it may consider reasonable between 6 years to 12 years of prison mayor. o This penalty as found by the court will now be considered the MINIMUM of the penalty. So the ISL is nothing but the imposition of a penalty that has a MINIMUM and a MAXIMUM period. How about a situation when the penalty imposed by the Code covers or embraces two divisible penalties under Article 25? Under Article 315 of the RPC on estafa or swindling … o the penalty for its violation if the amount involved is over P12,000.00 but does exceed P22,000.00, is prison correctional maximum period to prison mayor minimum period. o If the same is translated into figures, the penalty covered would be 4 years and 2 months and 1 day to 8 years. o In imposing the maximum of the penalty for the crime committed, the court shall confine itself to the penalty covered, which is 4 years to 8 years. o To impose the minimum penalty, the same must be lowered by one degree. o What is one degree lower to prison correctional to prison mayor minimum? o It is prison correctional in its minimum and medium period. § Translated into figures, it should be 6 months and 1 day to 4 years and 2 months. § To get the minimum of the ISL, the court in its discretion may choose any penalty between the period covered from 6 months to 4 years and 2 months 14 SUBSIDIARY PENALTY: Article 39 Subsidiary penalties apply only to fine. It is not applicable if the fine is accompanied by an imprisonment of MORE than 6 years. If LESS than 6 years, the subsidiary imprisonment should not be more than 1/3 of the term sentence. o Thus, where the accused was sentenced to 30 days imprisonment and a fine of P1,800.— the subsidiary imprisonment cannot exceed 1/3 of the sentence. The accused should serve for only 10 days for his inability to pay the fine P1,800.- due to insolvency. If the PRINCIPAL penalty is only a fine (there is no imprisonment or deprivation of liberty) o the subsidiary imprisonment should not exceed 6 months, if the offender has been convicted of a grave or less grave felony, and should not exceed 14 days if for a light felony. o Remember the rule in the determination of a felony when the penalty imposed is only a fine. o When the amount of the fine does not exceed P200, it is a LIGHT felony if it exceeds P6, 000.00, it is a LESS GRAVE felony if it exceeds P6, 000.00, it is a GRAVE felony. Another point to remember in the imposition of the subsidiary imprisonment is the injunction of Article 78 which expressly requires that no penalty shall be executed except by virtue of a FINAL JUDGMENT. It means that for subsidiary imprisonment to be made applicable, it must be so STATED in the decision or judgment. The primary reason is not only the requirement of Article 78, but for the simple reason that subsidiary imprisonment is not an accessory penalty but a PRINCIPAL penalty. Is subsidiary imprisonment applicable to violations of special laws? Article 78 YES. Subsidiary imprisonment can be applied to the fine imposed for violation of special penal laws. The authority on this is Article 10, RPC which is made applicable to special laws. May subsidiary imprisonment be applied to the penalty imposed in contempt cases? YES. In the case of PP vs. Marcos, 70 Phil. 486, the Supreme Court ruled that fine imposed in contempt of court cases can be converted into imprisonment. Under Republic Act No. 5465 approved on April 21, 1969, the conversion per day should be in the amount of P8.- per day. 15 TITLE IV EXTINCTION OF CRIMINAL LIABILITY (Articles 89 – 99) Article 89 TOTAL EXTINCTION § Death of the convict § Service of sentence § Amnesty, which completely exting the penalty & effects Article 90 § Absolute pardon § Prescription of the crime o Death / rec per / rec temp - 20 years o Other afflictive penalties - 15 years o Correctional penalties -10 years EXC arresto mayor – 5 years Article 92 o Light penalties - 1 year § Prescription of the penalty o Death / rec perpetua - 20 years o Other afflictive penalties - 15 years o Correctional penalties -10 years EXC arresto mayor – 5 years o Libel etc - 1 year o Oral def / slander by deed - 6 months o Light offenses - 2 months § Marriage of the offended woman (Art 344) PARTIAL EXTINCTION § Conditional pardon Article 94 § Commutation of the sentence § For good conduct allowances which the culprit may earn while serving his sentence o Year 1 – 2 5 days per month o Year 3 – 5 8 days per month o Year 6 – 10 10 days per month Article 97 o Year 11 ++ 15 days per month 16 TITLE V. CIVIL LIABILITY (Articles 100 – 113) Article 100 RULES: § Every person CRIMINALLY liable for a felony is also CIVILLY liable § When a CRIM action is insti, the CIVIL action is IMPLIEDLY instituted unless: o Waives / reserves his right / institutes it prior § CIVIL action includes: Article 104 o Recovery of indemnity under RPC § Restitution / reparation of damage / indem for conseq damages o Damages under Civil Code articles: § 32 - violation of fundamental rights § 33 - physical injuries / defamation / fraud Rule 111 - 1, § 34 - police officers who refuse to give help ROC § 2176 - quasi-delict § NB: Reservation should be made PRIOR to crim action You cannot collect 2x Suspended if there exists a prejudicial question § When the civil case involves facts INTIMATELY RELATED Rule 111 - 5, with those of the criminal case ROC § The reso of the issue raised in the civil is one where the GUILT or INNOCENCE of the accused will be determined SHARE OF EACH PERSON: Share of each person civilly liable * If 2+, Courts shall determine the amounts Article 109 * If PAA, subsidiarily but 1st v P then A then A 17