Criminal Law Book 1 PDF

CRIMINAL LAW – is that branch of municipal law which (1) defines crimes, (2) treats of their nature and (3) provides for their punishment. Revised Penal Code...

CRIMINAL LAW – is that branch of municipal law which (1) defines crimes, (2) treats of their nature and (3) provides for their punishment. Revised Penal Code It is that branch of PUBLIC SUBSTANTIVE LAW which defines offenses and prescribes their penalties. Book 1 It is SUBSTANTIVE because it defines the right of the state to inflict punishment and the liability of the offenders. Atty. John Patrick A. Ompad, Rcrim, J.D. It is PUBLIC LAW because it deals with the relation of the individual with the state. SOURCES OF PHILIPPINE CRIMINAL LAW: CONSTITUTIONAL LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS 1) The Revised Penal Code (ACT No.3815) which took effect on January 1, 1932, and its amendments the latest 1) It must be GENERAL in application. (Equal of which is R.A. 10951; protection) 2) Special Laws defining acts and providing penalties for them passed by the Legislative Department or branch 2) It must observe substantive and of Philippine Government known variously in Philippine procedural due process. history as Philippine Commission, Philippine Assembly, 3) It should not impose cruel and unusual Philippine Legislature, National Assembly, Batasang punishment or excessive fines. Pambansa and Congress of the Philippines. 3) Presidential Decrees of President Marcos during his 4) It must NOT partake of the nature of an term; and EX POST FACTO LAW. 4) Executive Orders of former President Corazon 5) It must NOT partake of the nature of a Aquino during her incumbency. BILL OF ATTAINDER. EX POST FACTO LAW - a law that would make EQUAL PROTECTION OF THE LAW - (Article III, a previous act criminal although it was not so at Section 1, 1987 Constitution) the time it was committed. DUE PROCESS OF LAW – A law which hears before it condemns which proceeds upon inquiry, and renders judgments only after trial. NOTE: Ex post facto law is in relation to Articles 21 and 22, Revised Penal Code. NON IMPRISONMENT OF CRUEL AND UNUSUAL PUNISHMENT OR EXCESSIVE FINES (Article 3, Section 19) BILL OF ATTAINDER - is a legislative act NO EX POST FACTO LAW or BILL OF ATTAINDER which inflicts punishment without judicial trial. It SHALL BE ENACTED (Section 22, Article III) offends against the due process clause and has NO person shall be held to answer for a criminal features of ex post facto law. It is an offense without due process of law (Article III, encroachment of judicial function by the Section 14 (1) legislative. (People vs. Ferrer, 48 SCRA 382)  ACTUS NON FACIT REUM, NULLUM CRIMEN NULLA POENA SINE LEGE – there is no NISI MENS SIT REA crime when there is no law punishing the act. ACTUS ME INVITUS FACTUS NON EST MEUS ACTUS – An The act cannot be criminal where the mind is act done by me against my will is not my act. NOT criminal. (An act does not make the doer guilty, unless the mind is guilty). While ignorance of the law excuses no one (IGNORANTIA LEGE NEMINEM EXCUSAT), a mistake of fact excuses the actor from liability (IGNORANTIA FACTI EXCUSAT) This is true to a felony characterized by DOLO, but not to a felony resulting from culpa. DURA LEX SED LEX - The law is hard, but it is the law) This maxim is not an absolute one because EL QUE ES CAUSA DELA CAUSA ES CAUSA DEL MAL it is NOT applied to culpable felonies, or those CAUSADO - He is who the cause of the cause is the cause of the evil cause) that result from negligence. Nature of the Power to define crimes UTILITARIAN THEORY OR PROTECTIVE THEORY and prescribe penalties The primary purpose of punishment under criminal law The power to define crimes and prescribe their is the PROTECTION of society from actual and potential corresponding penalties is legislative in nature and inherent wrongdoers. in the sovereign power of the state to maintain social order as an aspect of police power. The legislature may even forbid and penalize acts formerly considered innocent and The courts, therefore, in exacting retribution for the lawful provided that no constitutional rights have been wronged society, should direct the punishment to potential abridged. or actual wongdoers, since criminal law is directed against acts and omissions which society does not approve. However, in exercising its power to declare what acts constitute a crime, the legislature must inform the citizen Consistent with this theory, the MALA PROHIBITA with reasonable precision what acts it intends to prohibit so PRINCIPLE which punishes an offense regardless of malice that he may have a certain understandable rule of conduct or criminal intent, should not be utilized to apply the full and know what acts it is his duty to avoid. harshness of the special law. Interpretation of Penal Laws DOCTRINE OF PRO REO Penal or criminal laws are STRICTLY CONSTRUED AGAINST THE STATE and liberally in favor of the accused. Whenever a penal law is to be construed or If the language of the law were ambiguous, the court will applied and the law admits of 2 interpretations – one lean more strongly in favor of the defendant than it would lenient to the offender while the other is not - that if the statute were remedial, as a means of effecting substantial justice. INTERPRETATION WHICH IS LENIENT or favorable to the offender will be adopted. The law is tender in favor of the rights of an individual. It is in this philosophy of caution before the This is in consonance with the fundamental rule State may deprive the person of life or liberty that that all doubts shall be construed in favor of the animates one of the most fundamental principles in our accused and consistent with the constitutional Bill of Rights, that every person is presumed innocent presumption of innocence of the accused. This is until proven guilty. (People vs. Bon, G.R. No. 166401, peculiar only to criminal law. October 30, 2006)  QUESTION: What is meant BY EQUIPOISE RULE in CHARACTERISTICS OF CRIMINAL LAW Criminal Law? 1) GENERALITY – it means that the criminal law of the country governs all persons within the country regardless of their ANSWER: When the evidence of the prosecution and the race, sex, belief or creed. However, it is subject to certain defense are equally balanced, the scale of justice should be exceptions brought about by international agreements. This refers tilted in favor of the accused because of the constitutional to PERSONS that may be governed by the penal laws. (Basis: presumption of innocence. (Ursua vs. CA, G.R. No. 112170, Article 14, NCC; Article III, Section 1, Constitution). April 10, 1996). Article 14, New Civil Code - Penal Laws and those of public Where the state fails to meet the quantum of proof security and safety shall be obligatory upon all who live or sojourn required to overcome that presumption, the accused is entitled in Philippine territory, subject to the principles of public to acquittal as a matter of right, regardless of the weakness or international law and to treaty stipulations. even the absence of his defense. For any conviction must rest on the strength of the prosecution’s case and not on the Section 1, Article III, Constitution - No person shall be weakness of the defense. (Cosep vs. People, G.R. No. 110353, deprived of life, liberty, or property without due process of law, nor May 21, 1998) shall any person be denied the equal protection of the laws. B) TREATIES or Treaty Stipulations: Exceptions to GENERAL Application of Criminal Law A) PRINCIPLES of Public International Law: The persons who are exempted from the operations or application of our criminal laws under the provisions of the treaties entered into by the Philippines with another country are likewise exempted. Under the Sovereigns and other Chiefs of State, Ambassadors, defunct Military Base Agreement entered into by Philippines and U.S.A. on March 14, 1947. Thus, ANY offense committed outside the bases Ministers Plenipotentiary, Minister residents, and charges by any member of armed forces of the United States where the offended d’ affaires even if residing or sojourning in the party is also a member of the said armed forces is not cognizable by Philippines, and committing crimes herein are not subject Philippine Courts. to our penal laws. C) LAWS OF PREFERENTIAL APPLICATION: However, CONSULS are NOT included since they are An example is Section 11 of Article VI of the Constitution which not diplomatic officers. This includes CONSUL- GENERAL, provides that “NO member shall be questioned not be held liable in any Vice-Consuls or any Consuls in a foreign country where other place for any speech or debate in Congress or in any committee they are assigned. Consuls are subject to the penal laws thereof”. Thus, if Senator A delivers a libelous speech in Congress against B, he cannot be held liable nor be punished even if he is residing in the of the country where they are assigned. Philippines. 2) TERRITORIALITY – the penal laws of the country have the 3) PROSPECTIVITY. The law should have only prospective in force and effect only within its territory. It cannot penalize crimes application except if it is favorable to the offender. (This is also called committed outside the same. (Basis: Article 2, Revised Penal Code). irretrospectivity). This is subject to certain exceptions brought about by international agreements and practice. Basis: Articles 21 and 22, Revised Penal Code Article III (22), 1987 Constitution; Article 4, New Civil Code NOTE: The territory of the country is NOT limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. ARTICLE 21. PENALTIES THAT MAY BE IMPOSED - NO felony shall be punishable by any penalty not prescribed by law prior to its commission. A country can exercise the following jurisdictions: 1) TERRESTRIAL JURISDICTION – is the jurisdiction exercised ARTICLE 22 - RETROACTIVE EFFECT OF PENAL LAWS – Penal over land. laws shall have a retroactive effect insofar as they favor the person 2) FLUVIAL JURISDICTION – is the jurisdiction exercised over guilty of a felony, who is not a habitual criminal, as this terms is maritime and interior waters. defined in Rule 5 of Article 62 of the Penal Code, although at the time 3) AERIAL JURISDICTION – is the jurisdiction exercised over of the publication of such laws a final sentence has been pronounced the atmosphere. and the convict is serving the same  Section 22, Article III, Constitution - NO ex ACTS or OMISSIONS will only be subject to a penal post facto law or bill of attainder shall be enacted. law if they are committed after a penal law had already taken effect. Vice-versa, this act or omission which has been committed before the effectivity of a penal law could Article 4, New Civil Code - Laws shall have not be penalized because penal law operates only no retroactive effect, unless the contrary is prospectively. provided. In other words, crimes are punished under the laws in force at the time the same was perpetrated. It is in LEX PROSPICIT, NON RESPICIT. The law consonance with the constitutional prohibition against Ex looks forward not backward. The rationale Post Facto Law. against retroactivity is that a law usually divests rights which may have already become vested or It reflects the maxim: NULLUM CRIMEN SINE POENA; impairs the obligations of contract, hence, NULLA POENA SINE LEGE – that is, there is no crime without a penalty and there is no penalty without law. unconstitutional. There is NO retroactive effect however, even if the law is The retroactive effect shall benefit the favorable to the accused if he is a (1) habitual delinquent or where accused even if at the time of the publication of the law is expressly made inapplicable to pending actions. (Tavera vs. Valdez, 1 Phil. 468) the law, a final judgment has been pronounced and the convict is serving sentence. If the repealing law favors the accused by diminishing the penalty, or doing it away altogether, then the same should be applied to the extent it is favorable to the offender. (People vs. Even if the law uses the words ‘FELONY” Soliman, 36 Phil. 5). If the repealing law contains provisions and “HABITUAL CRIMINAL” as this term is which are favorable to the accused and also provisions unfavorable to the accused only those parts which are favorable to the accused defined in Rule 5 of Article 62, of the Code, this shall be given retroactive effect. If the new fails to penalize the is applicable to special laws which provide more act, then the Court loses jurisdiction, as in effect, there is no crime favorable conditions to the accused. (People existing. vs. Soliman, 36 Phil. 5; People vs. Simon, 234 JUDICIAL DECISIONS which are favorable to the accused who SCRA 555; People vs. De Lara, 236 SCRA 291). is not a habitual delinquent shall also be accorded retroactive effect. DIFFERENT PHILOSOPHIES UNDERLYING Under the CLASSICAL THEORY on which the RPC is mainly based, the BASIS of criminal liability is HUMAN FREE WILL. Man is essentially a moral THE CRIMINAL LAW SYSTEM creature with an absolutely free will to choose between good and evil. When he commits a felonious or criminal act (delito doloso), the act is presumed to 1) CLASSICAL or JURISTIC THEORY have been voluntarily, that is, with freedom, intelligence and intent. Man therefore, should be adjudged or held accountable for wrongful acts so long as free will appears unimpaired. (People vs. Genosa, G.R. No. 135981, This is best remembered by the maxim “An eye for an eye, a September 29, 2000). tooth for a tooth” (OCULO PRO OCULO, DENTE PRO DENTE) 2) POSITIVIST or REALISTIC THEORY The purpose of penalty is RETRIBUTION. The offender is made to suffer for the wrong he has done. There is a scant regard The purpose of penalty is REFORMATION. There is great respect for the for the human element of the crime. human element because the offender is regarded as socially sick who needs treatment, NOT punishment. Cages are like asylums, jails like hospitals. They are there to segregate the offenders from the “good members of the society”. The law does not look into WHY the offender committed the crime. Man is regarded as a moral creature who understands right Crimes are regarded as social phenomena which constraint a person to from wrong. So that when he commits a wrong, he must be do wrong although NOT of his own volition. A tendency towards crime is the prepared to accept the punishment therefore. Capital punishment product of one’s environment. There is NO such thing as a natural born killer. is the product of this kind of school of thought. This philosophy is describe as being too lenient.  CLASSICAL OR JURISTIC POSITIVIST OR THEORY REALISTIC THEORY Man is inherently good but because 3) ECLECTIC or MIXED THEORY BASIS Human free will of his environment and upbringing, he becomes socially sick This combines both positivist and classical thinking. PURPOSE Retribution, for the right of Corrective or curative to reform the Crimes that are economic and social in nature should be OF THE PENALTY the State and/or the private offender, thus, prisons are also dealt with in a positivist manner, thus, the law is more offended party must be called reformatory or correctional compassionate. Heinous crimes should be dealt with in a observed institutions. classical manner; thus, capital punishment. Penalty is predetermined DETERMINATION for every crime that gravity On an individual basis after OF PENALTY HEINOUS CRIME - is a grievous, odious and hateful of which is directly considering his circumstances. proportionate to the crime offense which by reason of its inherent or manifest committed. With this, wickedness, viciousness, atrocity and perversity, is Homicide is punished with regarded as seriously outrageous to the common Reclusion Temporal standards or norms of decency and morality in a just, EMPHASIS civilized and orderly society. (R.A. 7659) OF THE LAW On the Offense On the Actor Since the Revised Penal Code was adopted from the ARTICLE 2. APPLICATION OF ITS PROVISIONS – Spanish Codigo Penal of 1810 which is classical in Except as provided in the treaties and laws of character, it is said that our code is also classical. preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and This is no longer true because with the American maritime zone, but also outside of its jurisdiction, occupation in the Philippines, many provisions of common law have been engrafted into our penal laws. The Revised against those who: Penal Code today follows the mixed or eclectic philosophy. 1) Should commit an offense while on a Philippine For example, intoxication of the offender is ship or airship; considered to mitigate his criminal liability, unless it is intentional or habitual; the age of the offender is 2) Should forge or counterfeit any coin or currency considered; and the woman who killed her child to note of the Philippine islands or obligations and conceal her dishonor has in her favor a mitigating securities issued by the Government of the Philippine circumstance. Islands; 3) Should be liable for acts connected with The provisions in Article 2 embraces two the introduction into these islands of the (2) scopes of application, namely: obligations and securities mentioned in the preceding number 1) INTRATERRITORIAL – refers to the application of the Revised Penal Code within 4) While being public officers or employees, the Philippine territory; should commit an offense in the exercise of their functions; or 2) EXTRATERRITORIAL – refers to the application of the Revised Penal Code outside 5) Should commit any of the crimes against National Security and the Law of Nations, defined the Philippine territory. in Title 1 of Book 2 of this Code.  INTRATERRITORIAL APPLICATION: THE ARCHIPELAGIC RULE In the intraterritorial application of the Revised Penal ALL bodies of water comprising the maritime zone Code, Article 2 makes it clear that it does not refer only to the and interior waters abounding different islands Philippine archipelago but it also includes the atmosphere, comprising the Philippine Archipelago are part of the interior waters and maritime zone. So whenever you use the Philippine territory regardless of their breadth, depth, word territory, do not limit this to land area only. width or dimension. As far as jurisdiction or application of the Code over Under this Rule, there is no more center lane, all crimes committed on maritime zones or interior waters, the these waters, regardless of their dimension or width are Archipelagic Rule shall be observed. So the 3 mile limit on our part of Philippine territory. shoreline has been modified by the rule. Any crime committed in the interior waters comprising So if a foreign merchant vessel is in the center lane the Philippine archipelago shall be subject to our laws and a crime was committed, this crime will be prosecuted although committed on board a foreign merchant vessel. before Philippine Courts. EXTRATERRITORIAL APPLICATION 1) When the crime is committed in a war Extraterritorial application of the Code on a vessel of a foreign country, because war vessels crime committed on board a Philippine ship or are part of the sovereignty of the country to airship such is NOT within the territorial waters or whose naval force they belong; atmosphere of a foreign country. Otherwise, it is the foreign country’s criminal law that will apply. 2) When the foreign country in whose territorial waters the crime was committed However, there are 2 situations where the adopts the FRENCH RULE, which applies only to foreign country may NOT apply its criminal law merchant vessels, except when the crime even if a crime was committed on board a vessel committed affects the national security or within its territorial waters, viz: public order of such foreign country. THE AMERICAN or ANGLO – SAXON RULE THE FRENCH RULE (FLAG or NATIONALITY RULE) (Territoriality Principle or Situs of the Crime) The FRENCH RULE provides that the The law of the foreign country where a foreign NATIONALITY of the vessel follows the flag which it vessel is within its jurisdiction is strictly applied, flies, unless the crime committed endangers the except if the crime affects only the internal national security of a foreign country where the management of the vessel in which case it is subject vessel is within jurisdiction in which case such to the penal law of the country where it is registered. foreign country will never lose jurisdiction over such vessel. This rule adheres strictly to the territoriality principle or situs of the crime. The country of registry - the country of registry will have jurisdiction will have jurisdiction only where the crime relates to but when the crime violated the peace and order of internal management of the vessel. In other case the host country (e.g. drug trafficking), the host (e.g. drug trafficking), the host country will have country will have jurisdiction. jurisdiction.  WHILE PUBLIC OFFICERS or EMPLOYEES SHOULD COMMIT Paragraphs 2 and 3 (RULES ON FORGERY) AN OFFENSE IN THE EXERCISE OF THEIR FUNCTIONS – par. 4 As a GENERAL RULE, the Revised Penal Code governs A. Forgery is committed by giving to a only when the crime committed pertains to the exercise of the treasury or bank note or any instrument payable to public official’s functions, or those having to do with the bearer or to order the appearance of true genuine discharge of their duties in a foreign country. document or by erasing, substituting, counterfeiting, or altering (ESCA) by any means the The functions contemplated are those which, under the figures, letters, words or signs contained therein. law, are to be performed by the public officer in the foreign service of the Philippine government in a foreign country. B. If the forgery was committed abroad, it EXCEPTION: The Revised Penal Code governs if the must refer only to Philippine coin, currency, note or crime was committed within the Philippine embassy or within obligation and securities. the embassy grounds in a foreign country. This is because embassy grounds are considered an extension of sovereignty. ILLUSTRATION SHOULD COMMIT AN OFFENSE AGAINST NATIONAL 1) A Philippine consulate official who is validly married here in the Philippines and who marries again in a foreign country cannot be prosecuted SECURITY and THE LAW OF NATIONS – par. 5 here for bigamy because this is a crime not connected with his official duties. However, if the second marriage was celebrated within the Philippine embassy, he may be prosecuted here, since it is as if he contracted the marriage here in This is very important part of the the Philippines. exception, because Title 1 of Book 2 (Crimes 2) A consul was to take a deposition in a hotel in Singapore. After the against National Security) does not include deposition, the deponent approached the consul’s daughter and requested Rebellion. certain parts of the deposition be changed in consideration of $10,000. The daughter persuaded the consul and the latter agreed. Will the crime be subject to the Revised Penal Code? If so, what crime or crimes have been committed? So if acts of rebellion were perpetrated by YES. The crime committed is FALSIFICATION. Normally, the taking of the deposition is not the function of the consul, his function being the promotion of Filipinos who were in the foreign country, you trade and commerce with another country. Under the Rules of Court, however, a cannot give extra territorial application of the consul can take depositions or letters rogatory. There is, therefore, a definite provision of the law making it the consul’s function to take depositions. When he Revised Penal Code, because Title 1 of Book 2 agreed to the falsification of the deposition, he was doing so as a public officer in the service of the Philippine government. does not include Rebellion. ILLUSTRATION: TITLE 1. FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY When a Filipino who is already married in the CHAPTER 1 - FELONIES Philippines, contracts another marriage abroad, the crime committed is bigamy. But the Filipino cannot be prosecuted ARTICLE 3. DEFINTION – Acts and omissions when he comes back to the Philippines, because bigamy was punishable by law are felonies (delitos) committed in a foreign country and the crime is not covered by paragraph 5 of Article 2. However, if the Filipino, after the second marriage, returns to the Philippines and cohabits Felonies are committed not only by means of here with his second wife, he commits the crime of deceit (dolo) but also by means of fault (culpa) concubinage for which he can be prosecuted. There is DECEIT when the act is performed The Revised Penal Code shall not apply to any other crimes committed in a foreign country which does not come with deliberate intent; and there is FAULT when the under any of the exceptions and which is not a crime against wrongful act results from imprudence, negligence, national security. lack of foresight , or lack of skill.  CLASSIFICATION OF FELONIES FELONIES ACCORDING FELONIES ACCORDING TO TO STAGE OF EXECUTION (Article 6) GRAVITY (Article 9) a) DOLO or felonies committed with deliberate intent. CONSUMMATED – when all the GRAVE FELONIES – those to which the law According (INTENTIONAL FELONIES) - the act or omission of the elements necessary for its execution attaches the capital punishment or to the penalties which in any of their periods are offender is malicious that is, the act is performed with and accomplishment are present afflictive in accordance with Article 25 of manner of deliberate intent (with malice). The offender in performing the the Revised Penal Code commission act or in incurring the omission, has the intention to cause an FRUSTRATED – when the offender (Article 3) injury to another performs all the acts of execution which LESS GRAVE FELONIES –those would produced the felony as a which the law punishes with b) CULPA or those committed by means of fault. consequence but which nevertheless do not penalties which in their maximum (CULPABLE FELONIES) – the act or omission of the offender is produce it by reason of causes independent of the will of the perpetrator period are correctional not malicious. The injury caused by the offender to another person is unintentional, it being simply the incident of another ATTEMPTED – when the offender commences the commission of a felony LIGHT FELONIES – those infractions act performed without malice. directly by overt acts, and does not of law for the commission of which perform all the acts of execution which As stated in Article 3, the wrongful act results from the penalty of arresto menor or a should produce the felony by reason of imprudence, negligence, lack of foresight, or lack of skill. some cause or accident other than his fine not exceeding (P200.00) pesos, (Calimutan vs. People, et. al., G.R. No. 152133, Feb. 9, 2006) own spontaneous desistance. or both, is provided. CLASSIFICATION OF FELONIES Compound, Complex (Article 48) The term FELONY is limited only to violations of the As to COUNT Composite (Article 294) Continued, Continuing Revised Penal Code. When the crime is punishable under special law do not refer this as FELONY. The term FELONY Mala in se (Wrong by nature) and it is to be understood as referring to crimes punished under As to NATURE Mala prohibita (Prohibited by Special Law) the Revised Penal Code. MATERIAL FELONIES - are those crimes which consists of three This is important because there are certain provisions in (3) stages of its commission among others, Attempted, Frustrated the RPC where the term FELONY is used and that means the and Consummated. provision is not extended to crimes under special laws. A specific instance is found in Article 160 – Quasi- Recidivism: FORMAL FELONIES - are those crimes which can be consummated in one instance as the offender cannot perform all the acts necessary for their execution without consummating the “A person who shall commit a FELONY after having offense. (Example: Physical Injuries, Slander) been convicted by final judgment, before beginning to serve sentence or while serving the same, shall be punished under CRIMES WITH NO FRUSTRATED STAGE (Example: Arson, the maximum period of the penalty.” Take note that the Direct Bribery, Rape) word felony is used. FELONY - an act or omission punishable QUESTION: If a prisoner serving under the Revised Penal Code is referred to as sentence was found possessing dangerous felony. drugs, can he be considered a quasi- recidivist? OFFENSE - an act punished under a Special Law is called a statutory offense. ANSWER: NO. Violation of Dangerous Drugs Act is not a felony. Article 160 MISDEMEANOR – a minor infraction of the law, such as a violation of an ordinance. specifically refers to a felony and felonies are those acts and omissions punished under the Revised Penal Code. NOTE: Whether the wrongdoing is punished under the Revised Penal Code or under a Special Law, the generic word CRIME can be used.  ELEMENTS OF A FELONY CRIME; DEFINITION a) There must be an act or omission. - is the commission or omission by a person b) The act or omission must be punishable under the RPC. having capacity of any act, which is either c) The act is performed or the omission incurred by means of prohibited or compelled by law and the commission dolo or culpa. or omission of which is punishable by a proceeding d) There must be voluntariness. brought in the name of the government whose laws has been violated. (Wharton’s Crim. Law, 1957, Volume There must be a law particularly the Revised Penal Code that 1, page 11) prohibits a felony. To be considered as a felony, however, there must be an act or omission. A mere imagination no matter how wrong it might be, does not amount to a felony. - is an ACT committed or omitted in violation of public law forbidding or commanding it. It is a An ACT refers to any kind of bodily movement that produces change in the outside world. It must be external as internal acts positive or negative act in violation of penal law; an are beyond the sphere of criminal law. offense against the state. (Black’s Law Dictionary) The term DOLO connotes 3 requisites. If any of which is absent, there It does not mean however that if an act or omission is no DOLO. If there is no DOLO, there could be no intentional felony. But is punished under the RPC a felony is already committed. To although there is no intentional felony, there could be a CULPABLE FELONY. be considered a felony aside from the fact that it is prohibited by the RPC, it must have been done with DOLO or CULPA. QUESTION: What requisites must concur before a felony may be committed?” ANSWER: Your answer would be Article 3 – DECEIT or FAULT Under Article 3, it is stated therein that there is DOLO when there is DECEIT. This is no longer true. At the time RPC Q: Is Illegal Possession of Bladed Weapon a felony? was codified, the term nearest to DOLO was DECEIT, ANSWER: NO, it is not a crime punishable under the RPC. however DECEIT means fraud and this is not the meaning of DOLO. EXAMPLE: A man thought of committing suicide, went on top of a tall building, then jumped landing on somebody else. The latter died DOLO is (1) deliberate intent otherwise referred to as instantly. Is he criminally liable? criminal intent and must be (2) coupled with freedom of action and (3) intelligence on the part of the offender as to ANSWER: YES. A felony may result not only from dolo but also from culpa. If that fellow who was committing suicide acted negligently, he will the act done by him. be held liable for criminal negligence resulting in the death of another. DOLO; REQUISITES (VII) CULPA; REQUISITES (VIN) QUESTION: What do you understand in “voluntariness” CRIMINAL INTENT CRIMINAL NEGLIGENCE on the part of in criminal law? on the part of the offender the offender – the crime was the result of negligence, reckless imprudence, lack of foresight or lack of skill. ANSWER: The word “VOLUNTARINESS” in criminal law does not mean acting in one’s volition. In criminal law, voluntariness comprehends the concurrence of: FREEDOM OF ACTION in doing the FREEDOM OF ACTION on the part of act on the part of the offender. the offender – he was not acting under duress. (1) Freedom of action, (FII) (2) Intelligence and; INTELLIGENCE on the part of the INTELLIGENCE on the part of the (3) the fact that the act was Intentional. offender in doing the act offender in performing the negligent act. In culpable felonies, there is NO voluntariness if If any of these is absent, there is no freedom, intelligence or imprudence, negligence, lack of dolo. If there is no dolo, there could be foresight or lack of skill is lacking. Without voluntariness, no intentional felony. (Visbal vs. Buban, there can be no DOLO or CULPA, hence, there is no felony. 2003)  Even culpable felonies require voluntariness. It does not In Criminal Law, intent is categorized into two: mean that if there is no criminal intent, the offender is absolved a. General criminal intent of criminal liability, because there is culpa that should be b. Specific criminal intent considered also. GENERAL CRIMINAL INTENT SPECIFIC CRIMINAL INTENT QUESTION: Can a crime be committed without criminal intent? is PRESUMED from the mere is NOT presumed because it is doing of a wrongful act. So, this an ingredient or element of a ANSWER: YES, criminal intent is NOT necessary in the does not require proof. crime, like intent to kill in the following cases: crimes of attempted or The burden is upon the frustrated homicide or parricide (a) When the crime is the product of culpa or negligence, wrongdoer to prove that he or murder. reckless imprudence, lack of foresight or lack of skill. acted without such criminal intent. The PROSECUTION has the (b) When the crime is a prohibited act under a special law burden of proving the same. or what is called as malum prohibitum. INTENT DISCERNMENT INTENT MOTIVE is the determination to do a is the mental capacity to Is demonstrated by the use of implies motion and that is why it certain thing; an aim or purpose differentiate right from wrong. particular means to bring about a is the moving power that impels of the mind. desired result. (It is not a state of one to action for a definite result. mind, not a reason for It relates to the moral committing a crime). It is the design to resolve or significance that a person determination by which a person ascribes to his act and relates to Not essential element for a felony Intent is an essential element of and need not be proved for acts. the intelligence as an element of felonies by dolo dolo, distinct from intent purposes of conviction. When there is motive in the commission of a crime, it Even in culpable felonies, intelligence is not essential for incurring criminal liability. Hence, it does not follow that when a minor always comes before the intent. But a crime may be acted with discernment, he acted with criminal intent and should be committed without motive. If intentional, it cannot be held liable for intentional felony. He may have negligently shot his committed without intent. The instrument used by the friend without intent to shoot him; at the same time, recognize the offender manifests intent. The specific criminal intent undesirable result of his negligence, in which case he should be liable becomes material if the crime is to be distinguished from the only for culpable felony (Guevarra vs. Almodovar). attempted or frustrated stage. EXAMPLE: As a GENERAL RULE, the motive of the accused in criminal case is immaterial and, not being an element of a crime, it does NOT have to be proved. Husband came home and found his wife in a pleasant conversation with a former suitor. Thereupon However, EVIDENCE OF MOTIVE is RELEVANT or he got a knife. The moving force is jealousy. The essential in the following instances, to wit: intent is the resort to the knife, so that means he is desirous to kill the former suitor. Even if the offender 1) When the identity of the assailant is in question. states that he had no reason to kill the victim that is not criminal intent. 2) To determine the voluntariness of the criminal act. CRIMINAL INTENT is the means resorted to by 3) To determine the specific nature of the crime committed. husband that brought about the killing. If we equate intent as a state of mind, many would escape criminal 4) When the accused interposes self-defense or liability. defense of strangers.  MALA IN SE MALA PROHIBITA the degree of accomplishment the act gives rise to a crime only are those where the acts and the acts are NOT of the crime is taken into when it is CONSUMMATED; there AS TO THE AS TO THE omissions penalized are inherently evil but account in punishing the are NO attempted or frustrated NATURE OF THE DEGREE OF CRIME inherently wrong that they are prohibited by law for ACCOMPLISHMENT offender; thus, there are stages, unless the special law universally condemned. public good, welfare OF THE CRIME attempted, frustrated and expressly penalize the mere consummated stages in the attempt or frustration of the crime. and interest. commission of the crime. Mitigating and Aggravating the moral trait of the offender the moral trait of the AS TO circumstances are taken into mitigating and aggravating AS TO THE MORAL TRAIT OF is considered. That is why offender is NOT MITIGATING AND account in imposing the penalty circumstances are NOT taken into AGGRAVATING THE OFFENDER liability would only arise when considered; it is CIRCUMSTANCES since the moral trait of the account in imposing the penalty. there is dolo or culpa in the enough that the offender is considered. commission of the crime. prohibited act was when there is more than one the degree of participation of the done voluntarily. AS TO offenders is NOT considered. All offender, the degree of DEGREE OF participation of the offenders is who perpetrated the prohibited act AS TO THE PARTICIPATION Good faith or lack of criminal Good faith is NOT a considered; thus, there is are penalized at the same extent. USE OF GOOD intent is a VALID defense, defense. principal, accomplice and There is NO principal or accomplice FAITH AS A accessories to be considered. or accessory to consider. DEFENSE unless the crime is the result of culpa. QUESTION: In the case of PEOPLE vs. SUNICO, an election registrar was prosecuted for having failed to include in the voter’s register the name of a certain voter. There is a Three (3) hijackers accosted the pilot of an airplane. provision in the election law which proscribes any person They compelled the pilot to change destination, but from preventing or disenfranchising a voter from casting before the same could be accomplished, the military was his vote. In the trial, the election registrar raised good alerted. What was the crime committed? faith as a defense. The trial court convicted him saying that good faith is not a defense in violation of special laws. GRAVE COERCION. There is no such thing as attempted hijacking. Under special laws, the penalty is On appeal, it was held by the Supreme Court that not imposed unless the act is consummated. disenfranchising a voter from casting his vote is not wrong because there is a provision of law declaring it a crime, but because with or without a law, that act is wrong. In NOTE: Crimes committed against the provisions of a other words, it is malum in se. Consequently, good faith is special laws are penalized only when the pernicious a defense. Since the prosecution failed to prove that the effects, which such law seeks to prevent, arise. accused acted with malice, he was acquitted. ARTICLE 6. FELONIES ACCORDING TO THE STAGES OF EXECUTION IMPORTANT PHRASES In the definition of ATTEMPTED FELONY: Consummated felonies, as well as those which are frustrated and attempted, are punishable. 1) OVERT ACTS or external acts – those A felony is A felony is There is an ATTEMPT when the offender which if allowed to continue will logically result in a CONSUMMATED when FRUSTRATED when the all the elements offender performs all the commences the felony; it is the start of criminal liability. necessary for its acts of execution which commission of a felony execution and would produce the felony directly by overt acts, and does not perform all the - PREPARATORY ACTS – refer to an act prior accomplishment are as a consequence but present which, nevertheless, do acts of execution which to the overt act. should produce the felony not produce it by reason by reason of some cause of causes independent of or accident other than his 2) DIRECTLY – the offender shall be liable for the will of the perpetrator. own spontaneous the attempted stage of the felony that is directly desistance. linked to the over act irrespective of his intention.  ATTEMPTED FELONY FRUSTRATED FELONY ATTEMPTED FELONIES FRUSTRATED FELONIES 1)The offender commences the 1)The offender performs commission of the felony directly by all the acts of execution As to Not all acts of execution All acts of overt acts; Acts of had been done execution had been 2) He does not perform all the acts of 2) All the acts performed Execution performed execution which should produce the would produce the felony felony as a consequence As to It is a cause or accident It is some cause 3) The offender’s act be not stopped by causes other than the offender’s independent of the his own spontaneous desistance; and 3) The felony is not of non- own spontaneous will of the produced accomplishment desistance perpetrator 4) The non-performance of all acts of execution was due to cause or accident 4) By reason of causes As to The offender is still in the The offender is other than his spontaneous desistance. independent of the will phases subjective phase as he already in the (People vs. Mingming, G.R. No. 174195, of the perpetrator of the act still has control of his acts objective phase December 10, 2008) There is an ATTEMPT when the offender commences the You will notice that the felony begins when the offender commission of a felony directly by overt acts, and does not performs an OVERT ACT. Not any act will mark the beginning of a perform all the acts of execution which should produce the felony, hence, criminal liability does not begin. In Criminal Law, felony by reason of some cause or accident other than his own there is such a thing as PREPARATORY ACT. These acts refer to spontaneous desistance. an act prior to overt act and these do NOT give rise to criminal liability. The classification of stages of a felony in ARTICLE 6 are true only to crimes under the Penal Code. This does not apply OVERT ACT – some physical activity or deed, indicating an to crimes punished under Special Laws as the latter law has no intention to commit a particular crime, more than a mere planning attempted or frustrated stage but only consummated. or preparation, which is carried to its complete termination following its natural course, without being frustrated by external obstacles, not by voluntary desistance the perpetrator will The PURPOSE of classifying penalties is to bring about a logically ripen into a concrete offense. proportional penalty and equitable punishment. The penalties are graduated according to their degree of severity. The stages - is that ACT which if allowed to continue in its natural may not apply to all kinds of felonies. There are felonies which course would definitely result into a felony. It is the start of do not admit of division. criminal liability ILLUSTRATION: US vs. NAMAJA A and B are husband and wife. A met C who was willing to The accused was arrested while he was detaching marry him, but he is already married. A thought of eliminating B some of the wood panels of a store. He was already able to so he went to the drugstore to buy arsenic poison. On the way detach 2 wood panels. To a layman, the only conclusion that out, he met D. D asked him who was sick in the family. A confided to D that he bought the poison to poison his wife in will come to your mind is that this fellow started to enter the order to marry C after that they parted ways. D went directly to store to steal something. He would not be there just to sleep the police and reported that A is going to kill his wife. So the there. But in criminal law, since the act of removing the panel policemen went to A’s house and found A still unwrapping the indicates only at most the intention to enter. arsenic poison. The policemen asked A if he was planning to poison his wife B and A said yes. The police arrested him and The removal of the paneling is just an attempt to charged him with attempted parricide. Is the charge correct? trespass, NOT an attempt to rob. He can only be prosecuted for trespass. Although, the accused was prosecuted for HELD: NO. Overt act begins when the husband mixed attempted robbery, the Supreme Court held it is only the poison with the food his wife is going to take. Before this, ATTEMPTED TRESPASS because that is the crime that can be there is no attempted stage yet. directly linked to his act of removing the wood panel.  DESISTANCE on the part of the offender NEGATES ILLUSTRATION criminal liability only in the ATTEMPTED stage. Desistance is true only in the attempted stage of the felony. If under the definition of the felony, the act done is already in the QUESTION: A was fired at and the latter was hit frustrated stage, NO amount of desistance will negate criminal on the stomach. But B’s wound was not mortal. What A liability. then did was to approach B and told him “Now you are dead, I will kill you”. But A took pity and kept the The SPONTANEOUS DESISTANCE of the offender revolver and left. negates only the ATTEMPTED STAGE but NOT necessarily all criminal liability. Even though there was desistance on the part HELD: The crime committed is ATTEMPTED of the offender, if the desistance was made when the acts HOMICIDE and NOT physical injuries because there was done by him already resulted to a felony, that offender will still an intention to kill. The desistance was with the second be criminally liable for the felony brought about by his act. shot and would NOT affect the first shot because the first shot had already hit B. The second attempt has What is NEGATED is ONLY the ATTEMPTED STAGE, but nothing to do with the first. there may be other felony constituting his act. MANNER OF COMMITTING A CRIME In deciding whether the felony is In determining whether a felony is attempted, frustrated or ATTEMPTED, FRUSTRATED or consummated, you have to consider the MANNER of committing the CONSUMMATED, there are 3 criteria's felony, the ELEMENT of the felony and the NATURE of the felony itself. There is no real hard and fast rule. involved: (MEN) Can the crime of FRUSTRATED BRIBERY be committed? HELD: NO. Incidentally, the common concept of bribery is that it is the act 1) The MANNER of COMMITTING the crime of one who corrupts a public officer. Actually, BRIBERY is the CRIME OF THE RECEIVER not the giver. 2) The ELEMENTS of the crime; and The crime of the GIVER is CORRUPTION OF PUBLIC OFFICIAL. BRIBERY is the crime of the public officer who in consideration 3) The NATURE of the crime itself of an act having to do with his official duties would (1) RECEIVE something, or (2) ACCEPT any promise or present in consideration thereof. The confusion arises from the fact that this crime A corruptor gives money to a public officer for the requires two (2) to commit – the giver and the receiver. The latter not to prosecute him. The public officer received the law called the crime of the giver as corruption of public money but just the same, arrested him. He received the official and the receiver as bribery. money to have evidence of corruption. Giving the idea that these are independent crimes, but Do not think that because the corruptor has already actually, they cannot arise without the other. Hence, if only delivered the money, he has already performed all the one side of the crime is present, only corruption, you acts of the execution, and, therefore, the corruption is cannot have a consummated corruption without the already beyond the attempted stage. That thinking does corresponding consummated bribery. away with the concept of the crime that it REQUIRES TWO TO COMMIT. There cannot be a consummated bribery without the corresponding consummated corruption. If you have bribery The manner of committing the crime requires the only, it is only possible in the attempted stage. If you have a corruption only, it is possible only in the attempted stage. MEETING OF THE MINDS BETWEEN THE GIVER and the RECEIVER.  When the giver delivers the money to the supposed receiver, but INDIRECT BRIBERY, however, is always CONSUMMATED. there is NO meeting of the minds, the only act done by the giver is an This is because the manner of consummating the crime does attempt. It is not possible for him to perform all the acts of execution not admit of attempt or frustration. It is the act of the because in the first place, the receiver has no intention of being corrupted. offender (PUBLIC OFFICER) in appropriating the thing given by the corruptor that the former is liable. Similarly, when a public officer demands a consideration by official duty, the corruptor turns down the demand, there is no bribery. If the You will notice that under the Penal Code, when it takes one to whom the demand was made pretended to give, but he had two to commit the crime, there could hardly be a frustrated reported the matter to higher authorities, the money was marked and stage. For instance, the crime of Adultery, there is no this was delivered to the public officer. frustrated adultery. Only ATTEMPTED or CONSUMMATED ADULTERY. And if the public officer was arrested, do not think that because the public officer already had the money in his possession, the crime is already a frustrated bribery, it is only an ATTEMPTED BRIBERY. This is This is because it requires the link of two participants. If because the supposed corruptor has no intention to corrupt. In short, the link is there, the crime is consummated; if the link is there is NO MEETING OF THE MINDS. On the other hand, if there is a absent, there is only an attempted adultery. There is no middle meeting of the minds, there is consummated corruption. This leaves out ground when the link is there and when the link is absent. the frustrated stage because of the manner of committing the crime. In the crime of RAPE, its essence is carnal knowledge. No matter This is also true in the crime of ARSON. It does not admit of the what the offender may do to accomplish a penetration, if there was no frustrated stage. In ARSON, the moment any particle of the premises penetration yet, it cannot be said that the offender has performed all intended to be burned is blackened, that is already an indication that the acts of execution. the premises have began to burn. It does not require that the entire premises be burned to consummate arson. We can only say that the offender in rape has performed all the acts of execution when he has effected a penetration. Once there is a Because of that, the frustrated stage of arson has been eased penetration already, no matter how slight, the offense is consummated. out. The reasoning is that one cannot say that the offender, in the crime of arson, has already performed all the acts of execution which For this reason, RAPE admits only of the ATTEMPTED or could produce the destruction of the premises through the use of fire, CONSUMMATED STAGES, no frustrated stage. This was the ruling in the unless a part of the premises has begun to burn, that means that the case of People vs. Orita. In rape, it requires the connection of the offender has not yet performed all the acts of execution. offender and the offended party. No penetration at all there is only an attempted stage. On the other hand, the moment it begins to burn, the crime is consummated. Actually, the frustrated stage is already standing on SLIGHTEST PENETRATION or slightest connection, the consummated stage except that the outcome did not result. As CONSUMMATED. You will notice this from the nature of the crime far as the attempted stage is concerned, the frustrated stage overlaps requiring two participants. the consummated stage. The weight of authority is that the crime of ARSON QUESTION: Is there an attempted slight physical injuries? cannot be committed in the frustrated stage. HELD: If there is NO result, you do not know. Criminal Law cannot stand on any speculation or ambiguity, otherwise, the presumption of The reason is because we can hardly determine innocence would be sacrificed. whether the offender has performed all the acts of execution that would result in arson, as a consequence, unless a part NOTE: The crime of PHYSICAL INJURIES also do not admit of the of the premises has started to burn. attempted or frustrated stage. Also, it is penalized on the basis of the gravity of the injuries. On the other hand, the moment a particle or a PROBLEM: A threw muriatic acid on the face of B. The injuries molecule of the premises has blackened, in law, arson is would have resulted in deformity were it not for the timely plastic surgery. consummated. After surgery, B became more handsome. What crime was committed? Is it attempted, frustrated or consummated? This is because consummated arson does not require HELD: The crime committed is SERIOUS PHYSICAL INJURIES in that the whole of the premises be burned. It is enough that the consummated stage because of the deformity. When there is any part of the premises, no matter how small has begun to deformity, you disregard the healing duration of the wound or the medical burn. treatment required by the wound.  FACTORS TO CONCUR re- DEFORMITY TO EXIST ELEMENTS OF THE CRIME In the crime of ESTAFA, the element of DAMAGE is essential before 1) The injury should bring about the ugliness; the crime could be consummated. If there is NO damage, even if the offender succeeded in carting away the personal property involved, Estafa 2) The ugliness must be visible; and cannot be considered as consummated. 3) The ugliness would not disappear through natural healing process. For the crime of Estafa to be consummated, there must be misappropriation already done, so that there is damage already suffered by the offended party. If there is no damage yet, the Estafa can only be Along this concept of deformity in law, the plastic surgery frustrated or attempted. applied to B is beside the point. In law, what is considered is not the artificial or the scientific treatment but the natural In ESTAFA, the offender receives the property; he does not take it. healing of the injury. But in receiving the property, the recipient may be committing theft, not estafa, if what was transferred to him was only the physical or material possession of the object. So the fact that there was plastic surgery applied to B does not relieve the offender from the liability for the physical injuries inflicted. The crime committed is SERIOUS PHYSICAL INJURIES It can only be Estafa if what was transferred to him is not only material or physical possession but juridical possession as well. and it is in the consummated stage. The crime of THEFT is the one commonly given under Article If it is a crime of THEFT, damage or intent to cause damage 6. This is so because the concept of theft under the Penal Code is NOT an element of theft. What is necessary only is INTENT TO differs from the concept of LARCENY which is equivalent to our GAIN, not even gain is important. crime of theft. The mere intent to derive some profit is enough but the Here it requires that the offender must be able to carry away taking must be complete before a crime of THEFT shall be or transport the thing being stolen. Without the carrying away, the consummated. That is why we made that distinction between larceny cannot be consummated. theft and estafa. In our concept of THEFT, the offender need not move an inch If the PERSONAL PROPERTY was received by the offender, from where he was. It is not a matter of carrying away. It is a this is where you have to decide whether what was transferred to matter of whether he has already acquired complete control of the the offender is JURIDICAL POSSESSION or PHYSICAL personal property involved. POSSESSION only. If the offender did not receive the personal property, but That COMPLETE CONTROL simply means that THE OFFENDER took the same from the possession of the owner without the HAS ALREADY SUPPLANTED HIS WILL FROM THE WILL OF THE latter’s consent , there is no problem. That cannot be estafa; this POSSESSOR OR OWNER OF THE PERSONAL PROPERTY INVOLVED, is only theft or none at all. such that he could exercise his own control on the thing. “TAKING” in the concept of THEFT, simply means EXERCISING ILLUSTRATION: CONTROL OVER THE THING. If instead of the wallet, the man who entered the room pretended to carry the table out of the room, I apprehended him. It turned out that he is not authorized at all and is Juan placed his wallet on a table inside a room. A stranger interested only in the wallet, not the table. The crime is not yet comes inside the room, gets the wallet and puts it in his pocket. Juan consummated. suddenly started searching him and he found a wallet inside his A man entered a room and found a chest on the table. He opened pockets. it found some valuables inside. He took the valuables, put them in his pocket and was arrested. In this case, THEFT is consummated. In the crime of THEFT, the moment the offender brought the object out, it was HELD: The crime of THEFT is already consummated because consummated. he already acquired complete control of Juan’s wallet. This is so true when he removed the wallet from the confines of the table. He can The return of the thing cannot be desistance because in criminal exercise his will over the wallet already, he can drop this on the floor, law, DESISTANCE is true only in the ATTEMPTED STAGE. You cannot talk etc. of desistance anymore when it is already in the consummated stage. If the offender has already acquired complete control of what he But as long as the wallet remains on the table, the crime of intended to take, the fact that he changed his mind and returned the THEFT is not yet consummated; there can only be attempted and same will no longer affect the civil liability of the crime because he will no longer be required to pay the object. As far as the crime committed is frustrated theft. If he has started lifting the wallet, it is FRUSTRATED. concerned, the offender is criminally liable and the crime is If he is in the act of trying to take the wallet or place it under, consummated theft. ATTEMPTED.  ILLUSTRATION: NATURE OF THE CRIME ITSELF A and B are neighbors. One evening, A entered the yard of B In crimes involving the taking of human lives – and opened the chicken coop where B keeps his fighting cocks. He Parricide, Homicide and Murder – in the definition of the discovered that the fighting cocks were not physically fit for fighting so he returned it. frustrated stage, it is indispensable that the victim be MORTALLY WOUNDED. HELD: The crime committed is CONSUMMATED THEFT. The will of the owner is to keep the fighting cock inside the chicken Under the definition of the frustrated stage, to coop. When the offender succeeded in bringing the cock out of the consider the offender as having performed all the acts of coop, it is clear that his will be completely governed or superseded the will of the owner to keep such cock inside the chicken coop. execution, the acts already done by him must produce or be capable of producing a felony as a consequence. Hence, the crime was already consummated, and being consummated, the return of the owner’s property is NOT desistance The GENERAL RULE is that there must be fatal anymore. The offender is criminally liable but he will not be civilly injury inflicted, because it is only then that death will liable because the subject was returned. follow. If the wound is NOT mortal, the crime is only ARTICLE 9. GRAVE FELONIES, LESS GRAVE FELONIES ATTEMPTED. AND LIGHT FELONIES - The reason is that the wound inflicted is NOT GRAVE FELONIES are those to which the law attaches the capable of bringing about the desired felony of parricide, capital punishment or penalties which in any of their periods are murder or homicide as a consequence; it cannot be said AFFLICTIVE, in accordance with Article 25 of the Revised Penal that the offender has performed all the acts of execution Code. which would produce parricide, homicide or murder as a result. LESS GRAVE FELONIES – are those which the law punishes with penalties which in their maximum period are CORRECTIONAL, in accordance with Article 25 of the Penal Code. As an EXCEPTION TO THE GENERAL RULE is the so- called SUBJECTIVE PHASE. The Supreme Court has decided cases which applied the subjective standard that when the LIGHT FELONIES – are those infractions of law for the offender himself BELIEVED that he had performed all the commission of which the penalty of ARRESTO MENOR or a FINE acts of execution, even though no mortal wound was not exceeding P40,000.00 pesos or both, is provided. (Cross reading to Article 26, Revised Penal Code) inflicted, the act is already in the frustrated stage. WHY IS IT NECESSARY TO DETERMINE WHETHER THE The classification of felonies according to SEVERITY is CRIME IS GRAVE, LESS GRAVE OR LIGHT? significant to determine: To determine whether these felonies can be complexed or not, and to determine the prescription of the crime and the prescription of the 1) If the felony is punishable (Article 7) penalty. In other words, these are felonies classified according to their 2) Whether the accessory is liable (Article 16) gravity, stages and the penalty attached to them. The Code speaks of grave and less grave felonies, the definition makes a reference specifically 3) Whether a complex crime was committed (Article 48) to Article 25 of the Code because there is also a classification of penalties 4) The duration of the subsidiary penalty (Article 39, under Article 26 that was not applied. Number 2) 5) The duration of detention in case of failure to post This classification of felony according to gravity is important with respect to the question of prescription of crimes. In the case of LIGHT bond to keep the peace (Article 35) FELONIES, these crimes will prescribe in 2 months. After 2 months, the 6) Whether the crime has prescribed (Article 90) state loses the right to prosecute unless the running of the prescriptive 7) Whether arbitrary detention has been committed period is suspended. If the offender escapes while in detention after he has been loose, if there was already judgment that was passed, it can be (Article 125) promulgated even if absent under the New Rules of Criminal Procedure. 8) The proper penalty for quasi-offenses (Article 365) If the crime is CORRECTIONAL, it prescribes in 10 years, except ARRESTO MAYOR, which prescribes in 5 years.  If the penalty is a FINE and exactly P40,000.00, it is only ARTICLE 26. FINE – When afflictive, considered a LIGHT FELONY under Article 9. However, if the FINE is correctional, or light penalty – imposed as an ALTERNATIVE or as a SINGLE PENALTY, the fine of P40,000.00 is considered a CORRECTIONAL PENALTY under Article 26. A FINE, whether imposed as a SINGLE or as an If the penalty is exactly P40,000.00, apply Article 26. It is ALTERNATIVE penalty, shall be considered an considered as a correctional penalty and it prescribes in 10 years. If AFFLICTIVE penalty, if it exceeds 1,200,000.00 pesos; the offender is apprehended at any time within 10 years, he can be made to suffer the fine. CORRECTIONAL PENALTY, if it does NOT exceed There is a seeming conflict between Article 9 and Article 26, 1,200,000.00 pesos but is NOT less than 40,000.00 respectively, of the Code. As implied repeal is not favored, the pesos; and Supreme Court avoid the collision of the aforementioned provisions of law and reconcile them with the following pronouncement. LIGHT PENALTY, if it be LESS than 40,000.00 If the issue is PRESCRIPTION OF CRIME, Article 9 will prevail. However, if the issue is PRESCRIPTION OF PENALTY then Article 26 pesos. (Amended by R.A. 10951) will prevail. ARTICLE 4. CRIMINAL LIABILITY – Criminal liability shall FACTORS AFFECTING INTENT and be incurred: CORRESPONDINGLY THE CRIMINAL LIABILITY: 1) By any person committing a felony (delicto) although the wrongful act done be different from that which he 1) PROXIMATE CAUSE (The cause of the cause intended. is the cause of the evil caused). 2) MISTAKE OF FACT (Intent to commit a crime ELEMENTS: is lacking) a) An intentional felony is committed. 3) ABERRATIO ICTUS (Mistake in the intended b) The wrong done is the direct, natural