CRIM1-Notes-Reyes - Criminal Law 1 PDF

lOMoARcPSD|23425407 CRIM1-Notes-Reyes - Criminal Law 1 Bachelor of Law-Major in Juris Prudence (University of Southern Mindanao) Scan to open on Studocu Studocu is not sponsored or e...

lOMoARcPSD|23425407 CRIM1-Notes-Reyes - Criminal Law 1 Bachelor of Law-Major in Juris Prudence (University of Southern Mindanao) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Nesmar G. Reyes ([email protected])  lOMoARcPSD|23425407 The Revised Penal Code Book 1 by Luis B. Reyes LIMITATIONS ON ENACTIING PENAL LAWS ACT NO. 3815 1. No ex post facto law or bill of attainder shall be enacted. REVISED PENAL CODE 2. No person shall be held to answer for a criminal offense without due process of law. BOOK ONE EX POST FACTO LAW is one which: 1. Makes criminal an act done before the passage of the PRELIMINARY TITLE. DATE OF EFFECTIVENESS AND law and which was innocent when done, and punishes APPLICATION OF THE PROVISIONS OF THIS CODE such an act; 2. Aggravates a crime, or makes it greater than it was when TITLE I: FELONIES AND CIRCUMSTANCES WHICH AFFECT committed; CRIMINAL LIABILITY CHAPTER 1. FELONIES 3. Changes the punishment and inflicts a greater CHAPTER 2. JUSTIFYING CIRCUMSTANCES punishment than the law annexed to the crime when AND CIRCUMSTANCES WHICH committed; EXEMPT FROM CRIMINAL 4. Alters the legal rules of evidence, and authorizes LIABILITY conviction upon less or different testimony than the law required at the time of commission of the offense; TITLE II: PERSONS CRIMINALLY LIABLE FOR FELONIES 5. Assumes to regulate civil rights and remedies only, in TITLE III: PENALTIES effect imposes penalty or deprivation of a right for CHAPTER 1. PENALTIES IN GENERAL something which when done was lawful; and CHAPTER 2. CLASSIFICATION OF PENALTIES 6. Deprives a person accused of a crime some lawful CHAPTER 3. DURATION AND EFFECT OF protection to which he has become entitled, such as the PENALTIES protection of a former conviction or acquittal, or a CHAPTER 4. APPLICATION OF PENALTIES proclamation of amnesty. CHAPTER 5. EXECUTION AND SERVICE OF PENALTIES BILL OF ATTAINDER is a legislative act which inflicts punishment TITLE IV. EXTINCTION OF CRIMINAL LIABILITY without trial; the substitution of a legislative act for a judicial CHAPTER 1. TOTAL EXTINCTION OF CRIMINAL determination. LIABILITY CHAPTER 2, PARTIAL EXTINCTION OF CONSTITUTIONAL RIGHTS OF THE ACCUSED CRIMINAL LIABILITY (As provided for in the Bill of Rights) 1. All persons shall have the right to a speedy disposition of TITLE V. CIVIL LIABILITY their cases before all judicial, quasi-judicial, or CHAPTER 1. PERSONS CIVILLY LIABLE FOR administrative bodies. (Sec 16) FELONIES CHAPTER 2. WHAT CIVIL LIABILITY INCLUDES 2. No person shall be held to answer for a criminal offense CHAPTER 3. EXTINCTION AND SURVIVAL OF CIVIL LIABILITY without due process of law. (Sec 14(1)) 3. All persons, except those charged with reclusion SPECIAL LAWS perpetua when evidence of guilt is strong, shall before ANTI-FENCING LAW conviction, be bailable by sufficient sureties, or be INDETERMINATE SENTENCE LAW released on recognizance as may be provided by law. PROBATION LAW THE CHILD AND YOUTH WELFARE CODE The right to bail shall not be impaired even when the JUVENILE JUSTICE AND WELFARE ACT privilege of writ of habeas corpus is suspended. Excessive bail shall not be required. (Sec 13) CRIMINAL LAW is that branch or division of law which defines 4. In all criminal prosecutions, the accused shall be crimes, treats of their nature, and provides for their punishment. presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be CRIME is an act committed or omitted in violation of a public law informed of the nature and cause of the accusation forbidding of commanding it. against him, to have speedy, impartial, and public trial, to meet the witnesses face to face, and to have SOURCES OF PHILIPPINE CRIMINAL LAW compulsory process to secure the attendance of 1. Revised Penal Code (Act No. 3815) and its amendments witnesses and the production of evidence in his behalf. 2. Special Penal Laws However, after arraignment, trial may proceed 3. Penal Presidential Decrees notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear COMMON LAW CRIMES. Body of principles, usages and rules of is unjustifiable. (Sec 14(2)) action, which do not rest for their authority upon any express and positive declaration of the will of the legislature 5. No person shall be compelled to witness against himself. (Sec 17) ►Common law crimes are not recognized in Philippine jurisdiction. Unless there is a provision in the penal code or special penal law Any person under investigation for the commission of an that defines and punishes the act, no criminal liability is incurred by offense shall have the right to be informed of his right to its commission. remain silent and to have competent and independent counsel preferably of his own choice. |1 Downloaded by Nesmar G. Reyes ([email protected])  lOMoARcPSD|23425407 The Revised Penal Code Book 1 by Luis B. Reyes If the person cannot afford the services of counsel, he  Exceptions must be provided with one. 1. Treaties or treaty stipulation 2. Law of preferential application These rights cannot be waived except in writing and in 3. Principles of public international law the presence of counsel. (Sec 12(1)) 1. Treaties and Treaty Stipulation, example No torture, force, violence, threat, intimidation, or any a. Visiting Forces Agreement. It is the membership to the US other means which vitiate the free will shall be used Armed Forces and not citizenship which is material in the against him. Secret detention places, solitary, VFA. incommunicado, or other similar forms of detention are 1) The US shall have the right to exercise within the prohibited. (Sec 12(2)) Philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the US over Any confession or admission obtained in violation of this US personnel in the Philippines; or Section 17 hereof shall be inadmissible in evidence 2) The US exercised exclusive jurisdiction over US against him. (Sec 12(3)) military personnel with regard to offenses relating to the security of the US punishable under the law of US, 6. Excessive fines shall not be imposed, nor cruel, degrading but nor under the law of Philippines; or inhuman punishment inflicted (Sec 19(1)) 3) The US shall have primary right to exercise jurisdiction over US military in relation to: 7. No person shall be twice put in jeopardy of punishment - Offenses solely against the property or for the same offense. If an act is punished by law and an security of the US or offenses solely against ordinance, conviction or acquittal under either shall the property or person of US personnel constitute a bar to another prosecution for the same act. - Offenses arising out of any act or omission (Sec 21) done in performance of official duty 4) Philippines cannot refuse the request of US for waiver 8. Free access to the courts and quasi-judicial bodies and of jurisdiction except if the crime is of national adequate legal assistance shall not be denied to any importance: person by reason of poverty.  Heinous Crimes under RA 7659  Child Abuse cases under RA 7610 STATUTORY RIGHTS OF AN ACCUSED  Dangerous Drugs cases under RA 9165 (As provided for in Sec 1, Rule 115 of the Revised Rules on Criminal Procedure) 2. Laws of Preferential Application 1. To be innocent until the contrary is proved beyond a. RA 75. The following are exempt from arrest and reasonable doubt imprisonment and whose goods or chattel are exempt 2. To be informed of the nature and cause of the from distrain, seizure and attachment are the following: accusation against him 1) Public Ministers; 3. To be present and defined in person and by counsel at 2) Ambassadors; and every stage of the proceedings, from arraignment to 3) Domestic Servants of Ambassadors and Public promulgation of judgment Ministers. 4. To testify as a witness in his own behalf but subject to cross examination. His silence shall not in any manner  Exceptions: Persons against whom the case is prejudice him. prosecuted is a 5. To be exempt from being compelled to be a witness - Citizen or inhabitant of the Philippines in against himself. the service of an ambassador or public 6. To confront and cross-examine the witnesses against him minister and the process is founded upon a at a trial. debt contracted before he entered upon 7. To have a compulsory process issued to secure the such service; and attendance of witnesses and production of other - Domestic servant of an ambassador or evidence in his behalf. public minister which is not registered with 8. To have a speedy, impartial, and public trial. the DFA 9. To appeal in all cases allowed and in the manner - Where the country of the diplomatic prescribed by law. representative affected does not provide similar protection to diplomatic ►Rights which may be waived are personal (eg right to representatives of the Philippines. confrontation and cross examination), while those rights which may not be waived involve public interest which may be affected b. Warship Rule. A warship of another country even though (eg right to be informed of the nature and cause of the docked in the Philippines is considered as an extension of accusation). the territory of their respective country. The same applies to foreign embassies in the Philippines. Philippine warship CHARACTERISTICS OF CRIMINAL LAW and embassies abroad are deemed extra territories of A. General the Philippines. B. Territorial C. Prospective 3. Principles of Public International Law. The following are exempted: A. GENERAL. a. Sovereigns and other chiefs of state ►Criminal law is binding on all persons who live and sojourn in b. Charge d’affaires Philippine territory. (Art 12 NCC) c. Ambassadors d. Ministers plenipotentiary; and e. Ministers resident. |2 Downloaded by Nesmar G. Reyes ([email protected])  lOMoARcPSD|23425407 The Revised Penal Code Book 1 by Luis B. Reyes  Exception. Doctrine of immunity does not apply where the public official is sued in his private and personal capacity as an ordinary citizen. B. TERRITORIAL. ►As a rule, the penal laws of the Philippines are enforceable only within its territory.  Article 2. RPC may be enforeced outside of Philippine jurisdiction against those who: 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands 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; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. C. PROSPECTIVE. ►A penal law cannot make an act punishable in a manner in which it was not punishable when committed. Crimes are punished under the laws in force at the time of their commission. (Art 366, RPC)  Exception. Applied retroactively whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused  Exception to Exception. a. Where the law is expressly made inapplicable to pending actions or existing causes of action b. Where the offender is a habitual criminal  (Decriminalization) If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable, the crime is obliterated. When the repeal is absolute, the offense ceases to be criminal.  Exception to Exception. When the repeal of a penal law is by reenactment or repeal by implication, criminal liability is not destroyed. Habitual Delinquent. If within a period of ten years from the date of his release or last conviction of the crimes robo, hurto, estafa, or falsificacion, he is found guilty of any of said crimes a third time or oftener. ►When the repealing law fails to penalize the offense under the old law, the accused cannot be convicted under the new law. CONSTRUCTION OF PENAL LAWS ►Penal laws are strictly construed against the Government and liberally in favor of the accused. Dubio Pro Reo. Whenever a penal law admits two interpretation that which is more lenient or favorable to the offender will be adopted. ►The Spanish text is controlling because RPC was approved by the Philippine Legislature in Spanish text. |3 Downloaded by Nesmar G. Reyes ([email protected])  lOMoARcPSD|23425407 The Revised Penal Code Book 1 by Luis B. Reyes PRELIMINARY TITLE ARTICLE 2. Application of Its Provisions. — Except as provided in DATE OF EFFECTIVENESS AND APPLICATION the treaties and laws of preferential application, the provisions OF THE PROVISIONS OF THIS CODE of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those ARTICLE 1. Time When Act Takes Effect. — This Code shall take who: effect on the first day of January, nineteen hundred and thirty- two. 1. Should commit an offense while on a Philippine ship or airship; September 4, 1884 Royal Decree ordered that the Penal 2. Should forge or counterfeit any coin or currency note Code in force in the Peninsula as of the Philippine Islands or obligations and securities amended in accordance with the issued by the Government of the Philippine Islands; recommendations of the code committee be published and applied in 3. Should be liable for acts connected with the the Philippines introduction into these islands of the obligations and securities mentioned in the preceding number; December 17, 1886 Royal Decree ordering the execution of the Sept 4, 1884 Royal Decree 4. While being public officers or employees, should March 13-14, 1887 Publication in the Official Gazette commit an offense in the exercise of their functions; or Four months after Became effective (July 1887) 5. Should commit any of the crimes against national December 8, 1930 RPC as enacted by the Philippine security and the law of nations, defined in Title One of Legislature was approved Book Two of this Code. January 1, 1932 RPC took effect TWO BOOKS IN RPC ►The provisions of the RPC shall be enforced within the Philippine 1. BOOK 1 Archipelago. a. Basic principles affecting criminal liability (Art 1-20)  Extraterritoriality. RPC may be enforced outside of b. Provisions on penalties including criminal and civil Philippine jurisdiction in certain cases (per Article 2) liability (Art 21-113) 1. Should commit an offense while on a Philippine ship 2. BOOK 2 or airship; - Defines felonies with corresponding penalties 2. Should forge or counterfeit any coin or currency classified and grouped under 14 different titles (Art note of the Philippine Islands or obligations and 114-365) securities issued by the Government of the Philippine Islands; TWO THEORIES IN CRIMINAL LAW 3. Should be liable for acts connected with the CLASSICAL THEORY POSITIVIST THEORY introduction into these islands of the obligations and Basis of criminal liability is free Man is subdued occasionally securities mentioned in the preceding number; will by a strange and morbid 4. While being public officers or employees, should phenomenon which commit an offense in the exercise of their functions; constrains him to do wrong, in or spite of or contrary to his 5. Should commit any of the crimes against national volition security and the law of nations, defined in Title One Purpose of penalty is It cannot be treated and of Book Two of this Code. retribution; Establishes a checked by the application  Extraterritorial application of RA 9372 or the Human mechanical and direct of abstract principles of law Security Act of 2007 proportion between crime and jurisprudence nor by the and penalty imposition of punishment fixed OFFENSES COMMITTED WHILE ON A PHILIPPINE SHIP OR AIRSHIP and determined a priori a. MECHANT SHIP OF PHILIPPINE NATIONALITY; registered Places more stress in the effect Enforcement of individual with the Philippine Bureau of Customs or result of the felonious act measures in each particular 1) Within Philippine territory. Philippines has jurisdiction upon the man; Scant regard case after a thorough, 2) Within high seas, no country has jurisdiction. to human element personal and individual Philippines has jurisdiction investigation by a psychiatrists 3) Within the territory of another country. Other country and social scientists has jurisdiction,  BUT when that foreign country will not take cognizance of the issue, Philippines can assume jurisdiction b. WARSHIP OR OFFICIAL VESSEL OF THE PRESIDENT OF THE PHILIPPINES - Extension of the Philippines and its sovereignty, RPC applies c. FOREIGN MERCHANT SHIP OR AIRSHIP 1) Within high seas. Extension of territory of the country where it belongs, hence, an offense committed on board a foreign vessel on the high seas is not triable by Philippine courts  Continuing crimes. When the forbidden conditions (continued or) existed during the |4 Downloaded by Nesmar G. Reyes ([email protected])  lOMoARcPSD|23425407 The Revised Penal Code Book 1 by Luis B. Reyes time the ship was within territorial waters of the TITLE ONE Philippines FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY 2) ENGLISH RULE. Crimes committed on board a foreign merchant vessel within Philippine waters is triable in CHAPTER ONE the Philippines FELONIES  Unless they merely affect things within the vessel or they refer to the internal management ARTICLE 3. Definition. — Acts and omissions punishable by law thereof; e. g. mere possession of opium without are felonies (delitos). using them is not triable in Philippine courts Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). [FRENCH RULE. Crimes committed aboard foreign merchant vessels while in the territorial There is deceit when the act is performed with deliberate intent; waters of another country are not triable in the and there is fault when the wrongful act results from courts of that country, unless their commission imprudence, negligence, lack of foresight, or lack of skill. affects the peace and security of the territory or the safety of the state is endangered] FELONIES are acts and omissions punishable by the Revised Penal Code. OFFENSES COMMITTED IN THE EXERCISE OF PUBLIC OFFICER/ EMPLOYEE’S FUNCTIONS CRIME is a generic term used to refer to a wrongdoing punished a. Direct and indirect bribery either under the RPC or special laws; an act committed or omitted b. Frauds against the public treasury in violation of a public law forbidding or commanding it c. Possession of prohibited interest d. Malversation of public funds or property OFFENSE is an act or omission that violates a special penal law e. Failure of accountable officer to render accounts f. Illegal use of public funds or property MISDEMEANOR is a minor infraction of law. g. Failure to make delivery of public funds or property h. Falsification by a public officer or employee committed ELEMENTS OF FELONIES with abuse of his official position 1. There must be an act or omission 2. The act or omission must be punishable by the RPC CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 3. The act is performed or the omission incurred by means 1. Treason of dolo or culpa 2. Conspiracy and proposal to commit treason 3. Espionage ACT is any bodily movement tending to produce some effect in 4. Inciting to war and giving motives for reprisals the external world, it being unnecessary that the same be actually 5. Violation of neutrality produced, as the possibility of its production is sufficient; must be 6. Correspondence with hostile country external acts which has direct connection with the felony 7. Flight to enemy’s country intended to be committed 8. Piracy and mutiny on the high seas OMISSION is meant inaction, or the failure to perform a positive duty which one is bound to do as required by law. NULLUM CRIMEN, NULLA POENA SINE LEGE There is no crime where there is no law punishing it CLASSIFICATION OF FELONIES 1. INTENTIONAL FELONIES (DOLO). The acts or omissions are malicious and that the act is performed with deliberate intent; the offender has the intention to cause injury to another 2. CULPABLE FELONIES (CULPA). The act or omission is not malicious; the injury caused by the offender to another person is not intentional, it being simply the incident of another act performed without malice; results from imprudence, negligence or lack of foresights or lack of skill DOLO or MALICE is the intent to do an injury to another. REQUISITES OF INTENTIONAL FELONIES (DOLO) 1. Freedom. Voluntariness on the part of the person to commit the act or omission; Lack of freedom makes the offender exempt from liability 2. Intelligence. Necessary to determine the morality of human acts, without which, no crime can exist. 3. Intent. Criminal intent and the will to commit; a mental state which is shown by the overt acts of a person |5 Downloaded by Nesmar G. Reyes ([email protected])  lOMoARcPSD|23425407 The Revised Penal Code Book 1 by Luis B. Reyes REQUISITES OF CULPABLE FELONIES (CULPA)  When such special law is an amendment to the RPC 1. Freedom  When acts are inherently immoral, they are mala in se, 2. Intelligence even if punished under special law 3. Imprudence, Negligence, or lack of foresight or skill while doing the act or omitting to do the act INTENT V MOTIVE INTENT MOTIVE IMPRUDENCE indicates a deficiency of action; lack of skill; when a The purpose to use a The moving power which person fails to take the necessary precaution to avoid injury to particular means to effect impels one to action for a person or damage to property such result definite result An element of the crime, Not an element of the crime, NEGLIGENCE indicates a deficiency in perception; lack of except in unintentional need not be proved foresight; when a person fails to pay proper attention and to use felonies (culpa) due diligence in foreseeing the injury or damage impending to be Essential in intentional felonies Essential only when the identity of the perpetrator is in caused doubt ACTUS NON FACIT REUM, NISI MENS SIT REA WHEN MOTIVE IS RELEVANT A crime is not committed if the mind of the person performing to 1. Motive is essential only when there is doubt as to the act complained be innocent identity of the assailant. It is immaterial when the accused has been positively identified. ►If it is proved that the accused committed the criminal act 2. Where the identification of the accused proceeds from charged, it will be presumed that the act was done with criminal an unreliable source and the testimony is inconclusive intention and that it is for the accused to rebut this presumption; and not free from doubt The acts from which the presumption springs must be a criminal 3. in ascertaining the truth between two antagonistic act theories  When the acts complained of was not unlawful, 4. where there are no eyewitnesses to the crime and where presumption of criminal intent does not arise suspicion is likely fall upon a number of persons 5. if evidence is merely circumstantial IGNORANTIA FACTI EXCUSAT Ignorance or mistake of fact relieves the accused from criminal ►Proof (and existence) of motive alone is not sufficient to support liability; an honest mistake of fact destroys the presumption of a conviction criminal intent  Mistake of fact is not a valid defense in Culpable Felonies ►Lack of motive may be an aid in showing the innocence of the  In error in personae/ mistake of identity, mistake of fact is accused. does not apply REQUISITES OF MISTAKE OF FACT ARTICLE 4. Criminal Liability. — Criminal liability shall be 1. That the act done would have been lawful had the facts incurred: been as the accused believed them to be 1. By any person committing a felony (delito) although 2. That the intention of the accused in performing the act the wrongful act done be different from that which he should be lawful intended. 3. That the mistake must be without fault or carelessness in 2. By any person performing an act which would be an the part of the accused offense against persons or property, were it not for the inherent impossibility of its accomplishment or on MALA IN SE V MALA PROHIBITA account of the employment of inadequate or MALA IN SE MALA PROHIBITA ineffectual means. Wrong from its very nature, or Wrong or evil because there is inherently evil a law prohibiting it Generally, punishable under Generally, punishable under ►A person committing a felony by means of dolo is criminally liable RPC special laws although the wrongful acts done is different from that which he Basis of criminal liability is Basis of criminal liability is intended. A person who performs a criminal act is responsible for offenders moral train offender’s voluntariness all the consequences of said act regardless of intention. Good faith or lack of criminal Good faith or criminal intent is intent is a defense NOT accepted as a defense, EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MAL CAUSADO UNLESS this is an element of He who is the cause of the cause is the cause of the evil caused the crime Modifying circumstances are Modifying circumstances are REQUISITES, ARTICLE 4 PAR 1 taken into account in not considered 1. That an intentional felony has been committed imposing the penalty  Exceptions Degree of participation Degree of participation does a. When the act or omission is not punishable by determines the penalty not affect liability, hence, imposable principals, accomplices and the RPC accessories have the same b. When the act is covered by any of the justifying penalty circumstances under Art 11 Stage of accomplishment Penalized only when 2. That the wrong done to the aggrieved party be the affects the penalty imposed consummated direct, natural and logical consequence of the felony Generally involved moral Generally does not involve committed by the offender turpitude moral turpitude - the felony committed is the proximate cause of the Penalties may be divided into There is no division of penalties resulting injury degrees and periods ►Special Laws are considered mala prohibita. |6 Downloaded by Nesmar G. Reyes ([email protected])  lOMoARcPSD|23425407 The Revised Penal Code Book 1 by Luis B. Reyes CAUSES WHICH MAY PRODUCE A RESULT DIFFERENT FROM WHAT THE c. Theft OFFENDER INTENDED d. Usurpation 1. ERROR IN PERSONAE. Mistake in the identity of the victim. e. Culpable Insolvency 2. ABBERATIO ICTUS. Mistake by blow. f. Swindling and other deceipts 3. PRAETER INTENTIONEM. Injurious result is greater than that g. Chattel mortgage intended. h. Arson and other crimes involving destruction i. Malicious mischief ►Any person who creates in another’s mind an immediate sense of danger, which causes the latter to do something resulting in the A. INHERENT IMPOSSIBILITY OF ITS ACCOMPLISHMENT latter’s injuries, is liable for the resulting injuries. (eg woman jumped 1. The act intended by the offender is by its nature one of out of a jeepney and dies during is hold-up incident) impossible accomplishment 2. There must be Legal Impossibility or Physical Impossibility ►Victim is under no obligation to submit to medical operation to relieve the accused from the natural and ordinary results of his B. EMPLOYMENT OF INADEQUATE MEANS crime. (e.g. amount of poison used to kill another was not enough) PROXIMATE CAUSE is that cause which, in natural and continuous C. EMPLOYMENT OF INEFFECTUAL MEANS sequence, unbroken by any efficient intervening cause, produces (e.g. used salt instead of poison arsenic) the injury, and without which the result would not have occurred. WHEN FELONY IS NOT THE PROXIMATE CAUSE ARTICLE 5. Duty of the Court in Connection with Acts Which a. There is an active force that intervened between the Should Be Repressed but Which are Not Covered by the Law, felony committed and the resulting injury, and the active and in Cases of Excessive Penalties. — Whenever a court has force is a distinct act or fact absolutely foreign from the knowledge of any act which it may deem proper to repress and felonious act of the accused; or which is not punishable by law, it shall render the proper b. The resulting injury is due to the intentional act of the decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to victim. believe that said act should be made the subject of penal legislation. REQUISITES, WHEN DEATH IS PRESUMED AS A NATURAL CONSEQUENCE OF PHYSICAL INJURIES INFLICTED In the same way the court shall submit to the Chief Executive, 1. The victim at the time the physical injuries were inflicted through the Department of Justice, such statement as may be was in normal health deemed proper, without suspending the execution of the 2. Death may be expected from the physical injuries sentence, when a strict enforcement of the provisions of this inflicted Code would result in the imposition of a clearly excessive 3. Death ensued within reasonable time penalty, taking into consideration the degree of malice and the injury caused by the offense. REQUISITES, WHEN THE FELONY IS NOT THE PROXIMATE CAUSE OF THE RESULTING INJURY 1. There is an active force that intervened between the PARAGRAPH 1 PARAGRAPH 2 felony committed and the resulting injury, and the active The act committed by the The court finds the accused force is distinct act or fact absolutely foreign from the accused appears not guilty felonious act of the accused; or punishable by law The penalty provided by law 2. The resulting injury is due to the intentional act of the But the court deems it proper appears to be clearly victim to repress such act excessive because a. the accused acted with IMPOSSIBLE CRIME, REQUISITES lesser degree of malice 1. That the act performed would be an offense against and/or persons or property b. there is no injury or the injury 2. That the act was done with evil intent caused is of lesser gravity 3. That its accomplishment is a. inherently impossible, or The court must dismiss the The court should not suspend b. that the means employed is either inadequate or case and acquit the accused the execution of the sentence c. (the means employed is) ineffectual, 4. That the act performed should not constitute a violation Judge will make a report to Judge should submit a of another provision in the RPC Chief Executive through SOJ statement to the Chief stating the reasons which Executive through the SOJ induce him to believe that the recommending executive FELONIES AGAINST PERSONS said act should be made the clemency a. Parricide subject of penal legislation b. Murder c. Homicide d. Infanticide e. Abortion ARTICLE 6. Consummated, Frustrated, and Attempted Felonies. f. Duel — Consummated felonies, as well as those which are frustrated g. Physical injuries and attempted, are punishable. h. Rape A felony is consummated when all the elements necessary for FELONIES AGAINST PROPERTY its execution and accomplishment are present; and it is a. Robbery frustrated when the offender performs all the acts of execution b. Brigandage which would produce the felony as a consequence but which, |7 Downloaded by Nesmar G. Reyes ([email protected])  lOMoARcPSD|23425407 The Revised Penal Code Book 1 by Luis B. Reyes nevertheless, do not produce it by reason of causes offender begins the commission of the crime to that point independent of the will of the perpetrator. where he has still control over his acts including their natural course. There is an attempt when the offender commences the b. OBJECTIVE PHASE. commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the ►In an attempted felony, the offender never passes the subjective felony by reason of some cause or accident other than his own phase of the offense. In a frustrated felony, the offender has spontaneous desistance. reached the Objective Phase. STAGES OF COMMITTING A CRIME ELEMENTS OF FRUSTRATED FELONY 1. INTERNAL ACTS. Mere ideas in the minds of a person, are a. The offender performs all the acts of execution not punishable, even if had they been carried out, they b. All the acts performed would produce the felony an a would constitute a crime. consequence 2. EXTERNAL ACTS. c. Bu the felony is not produced a. PREPARATORY ACTS. Ordinarily, they are not d. By reason of causes independent of the will of the punishable perpetrator  Except when the law provides for their punishment b. ACTS OF EXECUTION. Punishable under RPC ARTICLE 7. When light felonies are punishable. - Light felonies 1) ATTEMPTED FELONY. When the offender are punishable only when they have been consummated, with commences the commission of a felony directly the exception of those committed against person or property. by overt acts, and does not perform all the acts of execution which should produce the felony LIGHT FELONIES are those infractions of law for the commission of by reason of some cause or accident other which the penalty of arresto menor (one to thirty days) or a fine than his own spontaneous desistance. not exceeding P200, or both, is provided. 2) FRUSTRATED FELONY. When the offender ►Light felonies are punishable only when they have been performs all the acts of execution which would consummated produce the felony as a consequence but  Light felonies are punishable even if attempted or which, nevertheless, do not produce it by frustrated when committed against persons or properties. reason of causes independent of the will of the perpetrator, LIGHT FELONIES PUNISHED BY RPC a. Against person 3) CONSUMATED FELONY. When all the elements 1. Slight Physical Injuries and maltreatment necessary for its execution and accomplishment are present. b. Against property 1. Theft by hunting or fishing or gathering fruits, cereal ELEMENTS OF ATTEMPTED FELONY or other forest or farm products upon an inclosed 1. The offender commences the commission of the felony estate or field where trespass is forbidden and the directly by overt acts value of the thing stolen does not exceed P5.00 - external acts have direct connection with the crime 2. Theft where the value of the stolen property does intended to be committed, should be mere not exceed P5.00 and the offender was prompted preparatory acts by hunger, poverty, or the difficulty of earning a 2. He does not perform all the acts of execution which livelihood should produce the felony 3. Alteration of boundary marks 3. The offender’s act is not stopped by his own spontaneous 4. Malicious mischief where the damage is not more desistance than P200.00 or if it cannot be estimated 4. The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance ARTICLE 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are punishable only OVERT ACTS. Some physical activity or deed, indicating the in the cases in which the law specially provides a penalty intention to commit a particular crime, more than a mere planning therefor. or preparation, which if carried to its complete termination following its natural course, without being frustrated by external A conspiracy exists when two or more persons come to an obstacles nor by the voluntary desistance of the perpetrator will agreement concerning the commission of a felony and decide logically and necessarily ripen into a concrete offense to commit it. e.g. Buying a poising is a preparatory activity. Poison may be used There is proposal when the person who has decided to commit for some other purpose other than killing somebody, and buying a felony proposes its execution to some other person or may not prove criminal intent. Mixing it with a person’s food is an persons. overt act. CONSPIRACY. When two or more persons come to an agreement INDETERMINATE OFFENSE. Where the purpose of the offender in concerning the commission of a felony and decide to commit it. performing an act is not certain. Its nature in relation to its objective is ambiguous. ►Conspiracy and proposal to commit felony are not punishable.  They are punishable only in cases in which the law PHASES OF A FELONY specially provides a penalty therefore. a. SUBJECTIVE PHASE. It is that portion of the acts constituting the crime, starting from the point where the MERE CONSPIRACY PUNISHED BY RPC |8 Downloaded by Nesmar G. Reyes ([email protected])  lOMoARcPSD|23425407 The Revised Penal Code Book 1 by Luis B. Reyes 1. Conspiracy to commit treason accordance with 5. Perpetual or 2. Conspiracy to commit coup d’ etat, rebellion or Article 25 of RPC temporary special insurrection disqualification, 3. Conspiracy to commit sedition 6. Prision mayor. 4. Monopolies and combinations in restraint of trade a. To restraint trade or commerce or to prevent by LESS Those which the law 1. Prision correccional, artificial means free competition in the market GRAVE punishes with 2. Arresto mayor, penalties, which their 3. Suspension, b. Making transactions prejudicial to lawful maximum period are 4. Destierro. commerce, or of increasing the market price of any correctional, in such merchandise accordance with the abovementioned MERE PROPOSAL PUNISHED BY RPC article 1. Proposal to commit treason LIGHT Those infractions of 1. Arresto menor, 2. Proposal to commite coup d’ etat, rebellion or the law for the 2. Public censure. insurrection commission of which the penalty of ►When the crime is actually committed, the offenders are liable arresto menor or a for the crime and the conspiracy is only a manner of incurring fine not exceeding criminal liability and is not punishable as a separate offense. P200.00, or both, is provided REQUISITES OF CONSPIRACY Note: RA 10951 1. Two or more persons came to an agreement (there must increased the fine for be meeting of the minds) light felonies from 200 2. The agreement concerned the commission of a felony, pesos to 40,000.00 and pesos. 3. The execution of a felony is decided upon REQUISITES OF PROPOSAL 1. That a person has decided to commit a felony, and ARTICLE 10. Offenses not subject to the provisions of this Code. 2. That he proposes its execution to some other person or - Offenses which are or in the future may be punishable under persons. special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter NO CRIMINAL PROPOSAL WHEN should specially provide the contrary. 1. The person who proposes is not determined to commit the felony SPECIAL LAW. A penal law which punishes acts not defined and 2. There is no decided, concrete and formal proposal penalized by the Penal Code; a statute enacted by the Legislative 3. It is not the execution of a felony that is proposed branch, penal in character, which is not an amendment to the Revised Penal Code ►It is not necessary that the person to whom the proposal is made agrees to commit treason or rebellion. When the person to whom ►RPC provisions are supplementary to special laws. the proposal is made agrees, it may be conspiracy because there  Exceptions would be an agreement to commit it. a. Where a special law provides otherwise b. When the provisions of the RPC are impossible of application, either by express provision or by ARTICLE 9. Grave felonies, less grave felonies and light felonies. necessary implication - Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are Examples of RPC provisions that are not applicable to Special Laws afflictive, in accordance with Art. 25 of this Code. a. Graduation of penalties (minimum, medium, maximum) b. Article 6 (attempted, frustrated, consummated); there is Less grave felonies are those which the law punishes with no attempted or frustrated violation of a Special Penal penalties which in their maximum period are correctional, in Law unless provided by the law itself accordance with the above-mentioned article. c. Mitigating or aggravating circumstances d. No accessory penalties unless the law provides Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding Forty thousand pesos (P40,000.00) or both; is provided. (Amended by RA 10951) FELONIES PENALTY ART 25 GRAVE Those which the law 1. Death attaches the capital 2. Reclusion perpetua, punishment (death 3. Reclusion temporal, penalty) or penalties, 4. Perpetual or which in their periods temporary absolute are afflictive, in disqualification, |9 Downloaded by Nesmar G. Reyes ([email protected])  lOMoARcPSD|23425407 The Revised Penal Code Book 1 by Luis B. Reyes CHAPTER TWO JUSTIFYING CIRUMSTANCES AND CIRCUMSTANCES WHICH JUSTIFYING CIRCUMSTANCES EXEMPT FROM CRIMINAL LIABILITY ARTICLE 11. Justifying circumstances. - The following do not CIRCUMSTANCES THAT AFFECT CRIMINAL LIABILITY: incur any criminal liability: 1. Justifying Circumstances. Those where the act of a person is said to be in accordance with law, so that such 1. Anyone who acts in defense of his person or rights, person is deemed not to have transgressed the law and provided that the following circumstances concur; is free from both criminal and civil liability. First. Unlawful aggression. The law recognizes the non-existence of a crime by Second. Reasonable necessity of the means expressly stating in the opening statement of Article 11 employed to prevent or repel it. that the persons therein mentioned “do not incur any criminal liability.” Third. Lack of sufficient provocation on the part of the person defending himself. 2. Exempting Circumstances. (Non-imputability) Those grounds for exemption from punishment because there is 2. Any one who acts in defense of the person or rights of no wanting in the agent of the crime any of the his spouse, ascendants, descendants, or legitimate, conditions which make the act voluntary or negligent. natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those Based on the complete absence of intelligence, consanguinity within the fourth civil degree, provided freedom of action, or intent, or on the absence of that the first and second requisites prescribed in the negligence on the part of the accused. next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense 3. Mitigating Circumstances. Those, which if present in the had no part therein. commission of a crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty. 3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second Based on the diminution of either freedom of action, requisites mentioned in the first circumstance of this intelligence, or intent, or on the lesser perversity of the Article are present and that the person defending be offender. not induced by revenge, resentment, or other evil motive. 4. Aggravating Circumstances. Those which, if attendant in the commission of the crime, serve to increase the 4. Any person who, in order to avoid an evil or injury, penalty without, however, exceeding the maximum of does not act which causes damage to another, provided that the following requisites are present; the penalty provided by law for the offense. First. That the evil sought to be avoided Based on the greater perversity of the offender actually exists; manifested in the commission of the felony. Second. That the injury feared be greater 5. Alternative Circumstances. than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it. IMPUTABILITY. The quality by which an act may be ascribed to a person as its author or owner; implies that the act committed has 5. Any person who acts in the fulfillment of a duty or in been freely and consciously done and may, therefore, be put the lawful exercise of a right or office. down to the doer as his very own 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. RESPONSIBILITY. The obligation of suffering the consequences of crime JUSTIFYING CIRCUMSTANCES. Those where the act of a person is said to be in accordance with law, so that such person is deemed GUILT. An element of responsibility; a man cannot be made to not to have transgressed the law and is free from both criminal and answer for the consequences of a crime unless he is guilty. civil liability. ►The burden of proof lies with the accused/ with the person invoking self-defense - It is incumbent upon the accused to prove the justifying circumstances claimed by him to the satisfaction of the court - Accused must rely on the strength of his own evidence, not on the weakness of the prosecution; even if prosecution is weak, the accused already admitted to the crime - Accused must present “clear and convincing evidence” | 10 Downloaded by Nesmar G. Reyes ([email protected])  lOMoARcPSD|23425407 The Revised Penal Code Book 1 by Luis B. Reyes ►Self-Defense includes the following rights 1. ACTS IN DEFENSE OF HIS PERSONS OR RIGHTS a. Right to life ARTICLE 11. Justifying circumstances. - The following do not b. Right to property incur any criminal liability: c. Right to honor 1. Anyone who acts in defense of his person or rights, REASONS FOR ALLOWING SELF-DEFENSE provided that the following circumstances concur; 1. Classicist: The State cannot in all cases prevent First. Unlawful aggression. aggression against its citizens and offer protection to the person unjustly attacked; It is inconceivable for the State Second. Reasonable necessity of the means to require that the innocent to succumb to an unlawful employed to prevent or repel it. aggression without resistance 2. Positivist: lawful defense is an exercise of right, an act of Third. Lack of sufficient provocation on the social justice done to repel the attack of the aggression part of the person defending himself. JUSTIFYING CIRCUMSTANCES 1. Self-defense RIGHTS INCLUDED IN SELF DEFENSE 2. Defense of Relatives - defense of the person or body 3. Defense of a Stranger - defense of his rights protected by law (e.g. right to 4. Avoidance of a Greater Evil or Injury property, right to honor) 5. Acts in the Fulfillment of Duty or in the Lawful Exercise of a Right or Office REASON WHY SELF DEFENSE IS LAWFUL 6. Acts in Obedience to an Lawful Order - Justified by man’s natural instinct to protect, repel and save his person from impending danger and peril - Classicists: It is impossible for the State in all cases to prevent aggression upon its citizens and offer protection to the unjustly attacked, therefore it is inconceivable for the State to require the innocent to succumb to an unlawful aggression without offering any resistance - Positivists: lawful defense is an exercise of right, an act of social justice done to repel the attack of an aggression REQUISITES, SELF-DEFENSE 1. UNLAWFUL AGGRESSION 2. REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR REPEL IT 3. LACK OF SUFFICIENT PROVOCATION ON THE PART OF THE PERSON DEFENDING HIMSELF 1. UNLAWFUL AGGRESSION - Unlawful aggression is an indispensable requisite, hence, its presence is a condition sine qua non - There is unlawful aggression when the peril to one’s life, limb or right is either actual or imminent REQUISITES, UNLAWFUL AGGRESSION a. There is peril to one’s life, limb or right 1) ACTUAL. - Equivalent to Physical Assault; The person defending himself must have been attacked with actual physical force with the actual use of weapon 2) IMMINENT. - Threatened assault of an immediate and imminent kind which is offensive and positively strong, showing the wrongful intent to cause injury; - not required that the attack already begins for defense might be too late ►RETALIATION is not self-defense; in retaliation, the aggression that was began by the injured party already ceased to exist when the accused attacked him; while in self-defense, the aggression was still existing when the aggressor was injured or disabled by the person making the defense