Criminal Law Book One PDF

CRIMINAL LAW BOOK ONE Criminal Law – branch of public substantive law which and consistent with the presumption of innocence of defines crimes, treats of their nature and provides for their the accused. pu...

CRIMINAL LAW BOOK ONE Criminal Law – branch of public substantive law which and consistent with the presumption of innocence of defines crimes, treats of their nature and provides for their the accused. punishment. It is a public law because it deals with the 5. El que es causa de la causa es causa del mal relation of the individual with the State. causado – He who is the cause of the cause is the cause of the evil caused (People v. Ural, G.R. No. L- Criminal Law Criminal Procedure 30801). Substantive Remedial Characteristics of Criminal Law Prospective, unless A. General – it is binding on all persons who live or favorable to the Retroactive; in favor of sojourn in the Philippine territory, regardless of accused provided the ends of substantial nationality, gender, or other personal circumstances that the accused is justice. (Art. 14, NCC). not a habitual delinquent. Exceptions: Can be promulgated by 1. Treaty Stipulations Only comes from the the judiciary. Under the RP–US Visiting Forces Agreement, which legislative body. was signed on February 10, 1998, the Philippines agreed that: Terms a. US shall have the right to exercise within the 1. Crime – the generic term used to refer to a wrongdoing Philippines all criminal and disciplinary punished either under the RPC or under the special law jurisdiction conferred on them by the military law (Ortega); an act committed or omitted in violation of a of the US over US personnel in RP; public law forbidding or commanding it. b. US exercises exclusive jurisdiction over US 2. Felony – a crime punished under the RPC. military personnel with regard to offenses relating 3. Offense – a crime punished under the special law. to the security of the US punishable under the 4. Misdemeanor – a minor infraction of law. law of US, but not under the laws of RP; c. US shall have primary right to exercise jurisdiction Sources over US military in relation to: 1. The Revised Penal Code (Act no. 3815) i. Offenses solely against the property or security 2. Special Penal Laws of the US or offenses solely against the 3. Penal Presidential Decrees issued during Martial Law property or person of US personnel; ii. Offenses arising out of any act or mission done Legal Maxims in performance of official duty. 1. Nullum crimen nulla poena sine lege – there is no crime when there is no law that defines and punishes it. Under the VFA, in determining whether one can be 2. Actus non facit reum, nisi mens sit rea – the act cannot prosecuted or not, the citizenship is immaterial, what be criminal unless the mind is criminal. is material is one’s membership in the U.S Armed 3. Actus me invito factus non est meus actus – an act Forces. done by me against my will is not my act. It is necessary that one is a member of the US 4. Doctrine of Pro Reo- Whenever a Penal law is to be armed forces either as: construed or applied and the law admits of two 1. US military personnel; or interpretations- one lenient to the offender and one strict 2. US civilian personnel connected to US military to the offender- that interpretation which is lenient or operations. favorable to the offender will be adopted. This is in consonance with the fundamental rule that all doubts shall be construed in favor of the accused EXECUTIVE COMMITTEE SUBJECT COMMITTEE MEMBERS IAN MICHEL GEONANGA overall chairperson, JOSE ANGELO JANSEN BERNARDO subject Fatima Maria Amansec, Her DAVID chairperson for academics, RUTH ABIGAIL ACERO chair, DANIEL VON EVAN Lynn Balares, Roy Daguio, chairperson for hotel operations, ALBERTO RECALDE, JR. PANELO assistant subject Jennyllette Dignadice, Edcar Latauan, Michael Lloren, vice-chairperson for operations, MARIA CARMELA HAUTEA chair, CLAUDINE PALATTAO Tosca Leira Mansujeto, Maria vice-chairperson for secretariat, MARK EMMANUEL ABILO edp, HYACINTH ALDUESO Monica Pamela Mendoza, vice-chairperson for finance, RYAN LIGGAYU vice- book 1, JEMIMA FERNANDO Fina Ong, Annie Blaise Arce chairperson for electronic data processing, JOMARC PHILIP book 2, MICHELLE MARIE Raagas, Toni Faye Tan, Joseph DIMAPILIS vice-chairperson for logistics HATOL special penal laws Christopher Torralba  BOOK ONE CRIMINAL LAW Rules on Jurisdiction b. the writ or process issued against him is founded Crimes Jurisdiction upon a debt contracted before he entered upon such Crimes punishable service or the domestic servant is not registered with under Phil. Laws RP has the exclusive the Department of Foreign Affairs. but not under the jurisdiction. laws of the US. Note: RA 75 is not applicable when the foreign country Crimes punishable adversely affected does not provide similar protection to under the laws of US has the exclusive our diplomatic representatives. the US but not jurisdiction. under Phil. Laws. 2. Warship Rule – a warship of another country even There is concurrent though docked in the Philippines is considered as an jurisdiction but the extension of the territory of their respective country. Philippines has the right to Same rule applies to foreign embassies in the primary jurisdiction, Philippines. Philippine warship and embassies abroad Crimes punishable are deemed extra-territories of the Philippines. especially when it is a both under the US threat to RP security and Phil. Laws. 3. Principles of Public International Law namely: a. treason The following persons are exempted: (SCAM2) b. espionage a. Sovereigns and other heads of state c. sabotage b. Chargesd’affaires Crimes committed c. Ambassadors by a US personnel d. Ministers plenipotentiary against the security RP has no jurisdiction. e. Ministers resident and property of the US alone. Consuls, vice-consuls and other commercial representatives of foreign nations cannot claim the Generally, the Philippines cannot refuse the request privileges and immunities accorded to ambassadors and of the US for waiver of jurisdiction and has to approve ministers. the request for waiver except if the crime is of national importance: (HCD) B. Territorial 1. Those crimes defined under RA 7659 (Heinous crimes) General Rule: Penal laws of the Philippines have force 2. Those crimes defined under RA 7610 (Child Abuse and effect only within its territory. Cases) 3. Those crimes defined under RA 9165 (Dangerous The national territory is set forth in Article I of the 1987 Drugs cases) Constitution. It composes of 3 domains: 1. Terrestrial Laws of Preferential Application 2. Fluvial 1. RA 75 penalizes acts which would impair the proper 3. Aerial observance by the Republic and its inhabitants of the immunities, rights, and privileges of duly-accredited Exceptions: foreign diplomatic representatives in the Philippines. 1. RPC shall not be enforced within or outside the Philippine territories if so provided under: General Rule: Under RA 75, persons who are exempt a. Treaties; or from arrest and imprisonment and whose properties b. Laws of Preferential Application (Art. 2, RPC and are exempt from distraint, seizure and attachment are Art. 14, NCC) the following: (MAS) i. Public Ministers 2. Extraterritoriality – refers to the application of the ii. Ambassadors Revised Penal Code outside the Philippine territory iii.Domestic servants of ambassadors and public (Art 2, RPC). ministers Exceptions: Extraterritorial Crimes (Art. 2, RPC) i.e., enforceable a.the person is a citizen or inhabitant of the even outside Philippine territory against those who: Philippines; and a. Should commit an offense while on Philippine ship or airship. 2 SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS  CRIMINAL LAW BOOK ONE Requisites: therein, as they are considered to be an i. The ship or airship must not be within the extension of the territory of the country to territorial jurisdiction of another country; (it must which they belong. Thus, their respective be in international waters.) national laws shall apply to such vessels ii. The ship or airship must be registered in the wherever they may be found. Philippines under Philippine laws. b. Should forge or counterfeit any coin or currency note of the Philippines or Rules on private or merchant Vessels: obligations and securities issued by the 1. Philippine vessel or aircraft Government (Arts. 163 & 166 RPC). a. Must be understood as that which is registered with the MARINA (Maritime Forgery is committed by giving to a treasury or Industry Authority) in accordance with bank note or any instrument payable to bearer or Philippine laws; to order the appearance of a true genuine b. The RPC applies when such Philippine document or by erasing, substituting, vessel is found within: counterfeiting or altering, by any means, the i. Philippine waters, or figures, letters, words or signs contained therein. ii. The high seas. 2. Foreign Merchant Vessels If forgery was committed abroad, it must refer a. In the Philippines, we follow the ENGLISH only to Philippine coin, currency note, or RULE. obligations and securities. b. A distinction must be made between merchant ships and warship; the former are Obligations and securities of the GSIS, SSS and more or less subjected to the territorial laws. Landbank are NOT of the government because (US vs. Bull, 15 Phil. 7) they have separate charters. c. Foreign merchant vessel in transit: possession of dangerous drugs is not c. Should introduce into the country the above- punishable, but use of the same is mentioned obligations and securities. punishable. d. Foreign merchant vessel NOT in transit: Those who introduced the counterfeit items are mere possession of dangerous drugs is criminally liable even if they were not the ones punishable because it can already be who counterfeited the obligations and securities. considered as illegal importation. On the other hand, those who counterfeited the items are criminally liable even if they did not FRENCH RULE v. ENGLISH RULE introduce the counterfeit items. French Rule English Rule d. While being public officers or employees, (Flag or Nationality) (Territoriality or Situs should commit an offense in the exercise of of the Crime) their functions, like: (B3A2F3T-MIC) General Rule i. Direct Bribery (Art. 210) Crimes committed Crimes committed ii. Indirect Bribery (Art. 211) aboard a vessel within aboard a vessel within iii. Qualified Bribery (Art. 211-A) the territorial waters of a the territorial waters of a iv. Failure to Render Accounts (Art. 218) country are NOT triable country are triablein the v. Failure to Render Account Before Leaving the in the courts of said courts of such country. Country (Art. 219) country. vi. Illegal Use of Public Funds or Property (Art. Exception 220) When their commission When the crimes merely vii. Failure to Make Delivery of Public affects the peace and affect things within the Funds/Property (Art. 221) security of the territory or vessel or when they only viii. Falsification (Art. 171) when the safety of the refer to the internal ix. Fraud Against Public Treasury and Similar state is endangered management thereof Offenses (Art. 213) 3. Foreign Warships x. Malversation of Public Funds or Property (Art. a. In the case of a foreign warship, the 217) nationality of such warship determines the xi. Possession of Prohibited Interest (Art. 216) applicable penal laws to crimes committed xii. Corruption (Art. 212) SAN BEDA COLLEGE OF LAW 3 2013 CENTRALIZED BAR OPERATIONS  BOOK ONE CRIMINAL LAW v. Commit said crimes directly against the Note: A crime committed within the grounds of a Phil. government. Philippine embassy on foreign soil shall be subject to Philippine penal laws, although it may or may not C. Prospective have been committed by a public officer in relation to his official duties. Embassy grounds are considered General Rule: Penal laws cannot make an act as extensions of the sovereignty of the country punishable in a manner in which it was not punishable occupying them. when committed. Example: A Philippine consulate official who is Exception: It may be applied retroactively when the validly married here in the Philippines remarries in a new law is favorable to the accused. foreign country cannot be prosecuted here in the Philippines for bigamy under no. 4 of Art. 2 of RPC Exceptions to the Exception: because the crime has no connection with his official 1. The new law is expressly made inapplicable to duties. Nevertheless, if the second marriage is pending actions or existing causes of actions. celebrated in the Philippine embassy, the 2. Offender is a habitual criminal (Art. 22, RPC) ambassador may be prosecuted in the Philippines because the embassy grounds are considered the Limitations on the Power of Congress to Enact extension of sovereignty (Ortega, 2009). Penal Laws: e. Should commit any of the crimes against The Congress, in enacting penal laws are restricted by national security and the law of nations the following Constitutional and statutory limitations: defined in Title One of Book Two. (Arts. 114- 122, RPC) 1. No ex post facto law or bill of attainder shall be enacted (Constitution, Art. III, Sec. 22). When rebellion, coup d’etat and sedition are committed abroad, the Philippine courts will not Ex post facto law have jurisdiction because these are crimes It is a law that would make a previous act criminal against public order. although it was not so at the time it was committed. Terrorism as defined by R.A. 9372, otherwise Bill of attainder known as the Human Security Act of 2007, is It is a legislative act that inflicts punishment without now a crime against national security and the law trial, its essence being the substitution of legislative of nations. fiat for a judicial determination of guilt. RA 9372, otherwise known as the Human 2. No person shall be held to answer for a criminal Security Act of 2007 has extraterritorial offense without due process of law (Ibid., Sec. application. 14). Sec. 58 of RA 9372 provides that the Act shall 3. It should not impose cruel and unusual punishment apply to individual persons who, although nor should it impose excessive fines (Ibid., Sec. physically outside the Philippines shall: 19. i. Conspire or plot to commit any of the crimes punished in the Act; RA 9346 prohibits the imposition of death penalty ii. Commit any of said crimes on board therefore repealing RA 7659. In lieu of the death Philippine Ship or airship; penalty, the following shall be imposed: iii. Commit any of said crimes within the a. the penalty of reclusion perpetua, when the law embassy, consulate or diplomatic violated makes use of the nomenclature of the premises belonging to or occupied by the penalties of the Revised Penal Code; or Phil. government in an official capacity; b. the penalty of life imprisonment, when the law iv. Commit said crimes against Phil. citizens violated does not make use of the nomenclature or persons of Phil. descent where their of the penalties of the Revised Penal Code (Sec. citizenship or ethnicity was a factor in the 2, RA 9346). commission of the crimes; and 4 SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS  CRIMINAL LAW BOOK ONE 4. It must be general in application and must clearly define the acts and omissions punished as crimes P RELIMIN ARY T I TLE (Ibid., Sec. 1 and Sec. 2). Different Effects of Repeal of Penal Law ARTICLE 1 TIME WHEN ACT TAKES EFFECT 1. Absolute or Total Repeal – a repeal is absolute when the crime punished under the repealed law has been The Revised Penal Code (RPC) was approved on decriminalized by the subsequent law (Ortega, 2009). December 8, 1930. It took effect on January 1, 1932. If the new law totally repeals the existing law making the Two theories in criminal law: act not punishable, the crime is obliterated (Reyes, 1. Classical or Juristic Theory 2008, p.15). a. The basis of criminal liability is human free will and the purpose of the penalty is retribution Effects of total repeal if: b. Man is essentially a moral creature with an absolutely a. the case is still pending in court: dismissed, free will to choose between good and evil thereby regardless of whether the accused is a habitual placing more stress upon the effect or result of the criminal felonious act than upon the man, the criminal himself. b. the offender is already serving sentence: c. It has been endeavored to establish a mechanical i. Not a habitual criminal – the offender is entitled to and direct proportion between crime and penalty. be released; unless the repealing law is expressly made inapplicable to those who are serving 2. Positivist or Realistic Theory sentence at the time of the repeal. a. Man is subdued occasionally by a strange and ii. Habitual criminal – he will continue serving morbid phenomenon which constrains him to do sentence this is so because penal laws should be wrong, in spite of or contrary to his volition. given retroactive application to favor only those b. The crime is essentially a social and natural who are not habitual delinquents (Ortega, 2009). phenomenon and as such it cannot be treated and checked by applying law and jurisprudence nor by 2. Partial or Relative Repeal – a repeal is partial when imposition of a punishment, fixed and determined a the crime punished under the repealed law continues priori. to be a crime in spite of the repeal. c. The purpose of penalty is reformation. Effects of partial repeal if: Note: Some authorities add a third school of thought. a. If the case is still pending in court: the repealing law which is more favorable to the accused shall be 3. Eclectic or Mixed Theory – a combination of both applied to him regardless of whether he is a habitual classical and positive theories. Our Code is considered criminal or not; unless, there is a reservation in the Eclectic (i.e., the age of the offender is taken into said law that it shall not apply to pending causes of consideration, intoxication of the offender in order is action. considered a mitigating circumstance unless it is b. If the offender is already serving sentence: habitual or intentional) i. Not habitual criminal – the repealing law which is more lenient to him shall be applied unless there is ARTICLE 2 a reservation to that effect APPLICATION OF ITS PROVISIONS ii. Habitual criminal – the repealing law which is more favorable to the accused will not be applicable to Article 2 sets forth the instances where the provisions of him the Revised Penal Code are applicable although the felony is committed outside the Philippine Territory. Effects of Amendment of Penal Law 1. If the new law makes the penalty lighter, it shall be 1. Extraterritoriality – RPC is applicable even though applied except if the offender is a habitual delinquent outside the Philippine territory (See discussion under or when the new law is inapplicable to pending action Territorial as a characteristic of criminal law). or existing causes of action. 2. If the new law imposes a heavier penalty, the law in 2. Exterritoriality – a term of international law which force at the time of the commission of the offense shall signifies the immunity of certain persons who, although be applied (Reyes, 2008, p.15). SAN BEDA COLLEGE OF LAW 5 2013 CENTRALIZED BAR OPERATIONS  BOOK ONE CRIMINAL LAW in the state, are not amenable to its laws (i.e. b. When a person acts without freedom, he is no longer ambassadors, ministers plenipotentiary etc.). a human being but a tool. 3. Intraterritoriality – RPC is made applicable within the Lack of freedom - offender is exempt from liability. (i.e. Philippine territory. presence of irresistible force or uncontrollable fear) Felonies under this Article shall be cognizable by the 2. Intelligence proper court where the criminal action was first filed It is the capacity to know and understand the (Section 15(d), Rule 110 of the Rules of Court). consequences of one’s act. Without this power, necessary to determine the morality of human acts, no T I TLE O NE : F ELO NIES & crime can exist C IRCUMSTANCES W HICH Lack of intelligence - offender is exempt from liability. A FFECT C RIMIN AL L I ABILI TY (i.e. offender is an imbecile, insane, or 15 years of age or under.) CHAPTER ONE: FELONIES 3. Intent (Criminal) (ARTS. 3-10) a. The purpose to use a particular means to effect such result. b. Intent to commit an act with malice, being purely a ARTICLE 3 mental process, is presumed. Such presumption FELONIES arises from the proof of commission of an unlawful act. Felonies c. A mental state, hence, its existence is shown by overt It is the acts or omissions punishable by the Revised acts. Penal Code. Lack of intent = act is justified. Offender incurs NO Elements of Felonies (General): criminal liability (i.e. existence of a lawful or insuperable 1. There must be an act or omission i.e., there must be cause, commission by mere accident). external acts. a. Act – any bodily movement tending to produce some Criminal intent is necessary because: effect in the external world. It must be external as a. Actus non facit reum nisi mens sit rea – the act itself internal acts are beyond the sphere of penal law. does not make a man guilty unless his intentions b. Omission – is inaction or the failure to perform a were so. positive duty required by law. b. Actus me invito factus non est meus actus – an act done by me against my will is not my act (U.S. v. Ah 2. The act or omission must be punishable by the RPC. Chong, 15 Phil. 499). Based upon the maxim, “nullumcrimen, nullapoena sine lege.” General Criminal Specific Criminal Intent Intent 3. The act is performed or the omission is incurred, by An intention to do a An intention to commit a means of dolo(malice) or culpa (fault). wrong. definite act. The act or omission must be voluntary. Existence of the intent is Presumed to exist not presumed because from the mere doing Classification of Felonies According to the Means by it is an ingredient or of a wrongful act. Which They Are Committed: element of a crime. The burden of proving A. Intentional felonies – the act is performed or the the existence of the omission is incurred with deliberate intent or malice to The burden of proving intent is upon the do an injury. the absence of intent prosecution, as such is upon the accused. intent is an element of Requisites of DOLO or MALICE: (FII) the crime. 1. Freedom a. Voluntariness on the part of the person to commit the act or omission. 6 SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS  CRIMINAL LAW BOOK ONE When the crime is in its unintentional being attempted or frustrated incident of another act stage, special intent performed without must be proved. (i.e. malice. When the crime is When a person Wrongful act results consummated, seriously injures from imprudence, Has intention to cause general intent is another, the intent to kill negligence, lack of an injury. presumed. (i.e. When must be proved in order foresight or lack of a person killed that the charge will be skill. another, the intent to one of attempted or kill is presumed) frustrated homicide, Honest Mistake of fact murder, parricide or It is a misapprehension of fact on the part of the person infanticide, as the case causing injury to another. Such person is NOT criminally may be and not mere liable as he acted without criminal intent (Ignorantia facti physical injuries) excusat). B. Culpable felonies – performed without malice. An honest mistake of fact destroys the presumption of criminal intent which arises upon the commission of a Requisites of CULPA: (FIN) felonious act. 1. Freedom; 2. Intelligence; Honest Mistake of fact is NOT applicable in CULPABLE 3. Negligence, imprudence, lack of foresight, or lack of felonies. skill. Requisites of mistake of fact as a defense: The act or omission is voluntary but the intent or malice in 1. That the act done would have been lawful had the intentional felonies is replaced by imprudence, etc. facts been as the accused believed them to be; 2. That the intention of the accused in performing the Negligence act should be lawful; and It indicates a deficiency of perception; failure to pay proper 3. That the mistake must be without fault or attention and to use diligence in foreseeing the injury or carelessness on the part of the accused. damage impending to be caused; usually involves lack of a. US vs. Ah Chong (15 Phil 488, 1910) – the foresight. accused had no alternative but to take the facts as they appeared to him, and such facts Imprudence justified his act of killing his roommate. It indicates a deficiency of action; failure to take the b. People vs. Oanis (74 Phil 257, 1943) – there necessary precaution to avoid injury to person or damage was no mistake of fact when the accused to property; usually involves lack of skill. police officers were shot Tecson, whom they thought to be Balagtas (a notorious criminal) Reason for punishing acts of negligence: who was sleeping in his bed, without A man must use his common sense, and exercise due ascertaining his identity and the non-existence reflection in all his acts; it is his duty to be cautious, of threat from the part of Tecson. careful and prudent, if not from instinct, then thru fear of incurring punishment (US vs. Maleza, 14 Phil. 468, 470). Mala prohibita Crimes punishable by special penal laws whereby criminal Note: In Art. 3, culpa is a MODE of committing a crime; intent is not, as a rule, necessary, it being sufficient that hence, killing is denominated “homicide through reckless the offender has the intent to perpetrate the act prohibited imprudence. In Art. 365 (quasi-offenses), culpa is the by the special law. It is punishable because the prohibited crime punished; hence, the crime is denominated act is so injurious to the public welfare that it is the crime “reckless imprudence resulting in homicide” (Boado, 2008, itself. p.42). General Rule: As a rule, mere commission of crimes Intentional Culpable classified as mala prohibita, even without criminal intent, is punishable. Act is malicious. Not malicious. With deliberate intent. Injury caused is SAN BEDA COLLEGE OF LAW 7 2013 CENTRALIZED BAR OPERATIONS  BOOK ONE CRIMINAL LAW Exceptions: into account in imposing circumstances are 1. Cuenca vs. People (G.R. No. L-27586, June 26, 1970) the penalty. generally not taken into Cuenca was entitled to assume that his employer had account. the requisite license to possess said firearm and Degree of Participation ammunition and to turn them over to him while he was When there is more than Degree of participation on duty as one of the regular security guards of a duly one offender, the degree is generally not taken licensed security agency. of participation of each in into account. All who the commission of the participated in the act 2. People vs. Landicho ([CA] 55 OG 842) crime is taken into are punished to the The doctrine of the immateriality of animus possidendi account. same extent. should be relaxed in certain way. Otherwise, the As to Persons Criminally Liable avowed purpose of the government’s policy cannot be Penalty is computed on The penalty on the realized. the basis of whether he is offenders are the same a principal offender, or whether they are merely 3. People vs. Mallari ([CA] 55 O.G. 1394) merely an accomplice or accomplices or Where the accused had a pending application for accessory. accessories. permanent permit to possess a firearm, and whose Laws Violated possession was not unknown to an agent of the law Violation of the RPC. Violation of Special who advised the former to keep it in the meantime, any (General rule) Laws. (General rule) doubt as to his claim should be resolved in his favor. As to stages in execution There are three stages: 4. Mere transient possession of unlicensed firearm No such stages of attempted, frustrated, While in stealing a firearm the accused must execution. consummated. necessarily come into possession thereof, the crime of As to persons criminally liable illegal possession of firearms is not committed by mere Thereare three persons transient possession of the weapon. Thus, stealing a criminally liable: principal, Generally, only the firearm with intent not to use but to render the owner accomplice, and principal is liable. defenseless, may suffice for purposes of establishing a accessory. case of theft, but would not justify a charge for illegal As to division of penalties possession of firearm, since intent to hold and Penalties may be divided There is no such division eventually use the weapon would be lacking (People vs. into degrees and periods. of penalties. Dela Rosa, G.R. No. 84857, January 16, 1998, citing People vs. Remereta, 98 Phil. 413, 1956). Intent Motive Mala in Se Mala Prohibita Is the purpose to use Is the reason or moving a particular means to power which impels one As to Nature effect such result. to commit an act for a Wrong from its very Wrong because it is definite result. nature. prohibited by law. Is an element of the Is NOT an element of Use of Good Faith as a Defense crime, except in the crime. Good faith is a valid Good faith is not a unintentional felonies. defense; unless the crime defense. (culpable) is the result of culpa. Is essential in Is essential only when Use of Intent as an element intentional felonies. the identity of the Criminal intent is perpetrator is in doubt. Intent is an element. immaterial. Degree of Accomplishment of the crime Example: A who is jealous of B shot the latter as a result The degree of The act gives rise to a of which B died. The intent is to kill while the motive is accomplishment of the crime only when it is jealousy. crime is taken into consummated. account in punishing the Motive offender. It is the moving power which impels one to action for a As to Mitigating and Aggravating Circumstances definite result (Reyes, 2008, p. 59). Mitigating and aggravating Mitigating and circumstances are taken aggravating 8 SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS  CRIMINAL LAW BOOK ONE Motive: When Relevant (CUT-NID) c. Proximate cause 1. If the evidence is merely circumstantial. 2. Where the identification of the accused proceeds from Note: Any person who creates in another person’s mind an unreliable source and the testimony is inconclusive an immediate sense of danger, which causes the latter and not free from doubt; to do something resulting in the latter’s injuries, is liable 3. In ascertaining the truth between two antagonistic for the resulting injuries (People vs. Page, 77 SCRA theories or versions of the killing; 348, citing People vs. Toling, L-27097, Jan. 17, 1975, 4. Where there are no eyewitnesses to the crime, and 62 SCRA 17, 33). where suspicion is likely to fall upon a number of persons; Thus, the person is still criminally liable although the 5. When there is doubt as to the identity of the assailant; wrongful act done be different from that which he 6. When the act is alleged to be committed in defense of a intended: stranger because it must not be induced by revenge, a. Error In Personae- mistake in the identity of the victim resentment or other evil motive; (Article 49 – penalty for lesser crime in its maximum period) ARTICLE 4 b. Aberratioictus – mistake in the blow (Article 48 on CRIMINAL LIABILITY complex crimes – penalty for graver offense in its maximum period) Par. 1: Criminal Liability for a felony different from c. Praeter intentionem – injurious result is greater than that which is intended to be committed. that intended (Article 13 – Mitigating Circumstance) Rationale: El que es causa dela causa es causa del mal Aberratio Ictus v. Error in personae causa – He who is the cause of the cause is the cause of AI – the victim as well as the actual victim are both the evil caused. in the scene of the crime; EIP – the supposed victim may or may not be in the scene of the crime Requisites: 1. That an intentional felony has been committed. AI –The offender delivers the blow to his intended There is no Intentional Felony: victim but because of poor aim landed on someone a. When the act or omission is not punishable by RPC; else; EIP – The offender delivers the blow not to his or intended victim b. When the act is covered by any of the justifying circumstances in Art. 11 of RPC. AI – generally gives rise to complex crime unless the resulting consequence is not a grave or less grave Act or omission should not be punished by a special law felony; EIP – there is no complex crime because the offender violating a special law may not have the intent to do any injury to another. In such Example of Aberratio Ictus: case, the wrongful act done could not be different, as a. A shot B but because of lack of precision, it was the offender did not intend to do any other injury. C, a bystander, who was hit as a result of which C died. There is a complex crime of attempted or 2. That the wrong done to the aggrieved party be the frustrated Murder, Homicide, Parricide or direct, natural and logical consequence of the felony Infanticide and Murder, Homicide Parricide or committed. Infanticide(MHPI) Proximate Cause b. If C did not die but sustained injuries, there is still It is that cause, which, in the natural and continuous a complex crime of attempted or frustrated MHPI sequence, unbroken by any efficient intervening cause, and serious or less serious physical injuries (note produces the injury, and without which the result would that there is no intent to kill insofar as the case of not have occurred. C is concerned); however, there can be no complex crime if C sustained slight physical If the result can be traced back to the original act, then injuries as the same is only a light felony. the doer of the original act can be held criminally liable. When death is presumed to be the natural The relation of cause and effect must be shown: consequence of physical injuries inflicted: (NER) a. Unlawful act is the efficient cause a. That the victim at the time the physical injuries were b. Accelerating cause inflicted was in normal health. SAN BEDA COLLEGE OF LAW 9 2013 CENTRALIZED BAR OPERATIONS  BOOK ONE CRIMINAL LAW b. That the death may be expected from the physical injuries inflicted. Efficient Intervening Cause c. That death ensued within a reasonable time. It is the cause which interrupted the natural flow of events leading to one’s death. This may relieve the Note: The offended party is not obliged to submit to a offender from liability. surgical operation or medical treatment to relieve the accused from liability. NOT efficient intervening causes: a. The weak or diseased physical condition victim; Felony committed is NOT the proximate cause of b. The nervousness or temperament of the victim; the resulting injury when: c. Causes which are inherent in the victim; a. There is an active force between the felony d. Neglect of the victim or third person; (ex. refusal of committed and the resulting injury, such active force medical attendance) is distinct from the felony committed. e. Erroneous or unskilled medical or surgical treatment b. The resulting injury is due to the intentional act of the (unless the wound is slight or not mortal). victim, i.e. fault or carelessness of the victim to increase the criminal liability of the assailant. Par. 2: Impossible Crime Instances when there is a proximate cause and Requisites: (PEIN) when there is none: 1. That the act performed would be an offense against Instance Criminally Liable? persons or property; When there is an intervening disease 2. That the act was done with evil intent; If disease is closely 3. That its accomplishment is inherently impossible, or YES. that the means employed is either inadequate or related to the wound ineffectual; and If disease is unrelated NO. to the wound Inadequate If disease is combined YES. Mortal wound is a It means is insufficient (e.g. small quantity of poison). force with wound contributing factor to victim’s death. Ineffectual It means employed did not produce the result expected NOTE: A mortal wound (e.g. pressed the trigger of the gun not knowing that it is a contributing factor is empty). when : i. The wound is Inherent impossibility of its accomplishment: sufficient to a.Legal impossibility – where the intended acts, even cause the victim’s if completed would not amount to a crime. E.g. death along with Stealing a property that turned out to be owned by the disease the stealer (See Gemma T. Jacinto vs. People of the ii. The mortal Philippines, G.R. No. 162540, July 13, 2009). wound was b.Physical impossibility – When extraneous caused by circumstances unknown to the actor or beyond his actions control prevent the consummation of the intended committed by the crime. E.g. When one tries to murder a corpse (See accused Sulpicio Intod vs Honorable Court of Appeals and When the death was caused by an infection People of the Philippines G.R. No. 103119 October of the wound due to the unskilled medical 21, 1992). treatment from the doctors If the wound is mortal YES. Unskilled 4. That the act performed should NOT constitute a treatment and infection violation of another provision of the RPC. are NOT efficient intervening causes The crime committed is an impossible crime and not If the wound is slight NO. Unskilled attempted murder. Intod, Pangasian, Tubio and Daligdig treatment and infection fired at the room of Palangpanga. It turned out, however, are efficient intervening that Palangpangan was in another City and her home was causes then occupied by her son-in-law and his family. No one 10 SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS  CRIMINAL LAW BOOK ONE was in the room when the accused fired the shots. No one ARTICLE 5 was hit by the gun fire. There is factual impossibility in this DUTY OF THE COURT case. It occurs when extraneous circumstances unknown to the actor or beyond his control prevent the Par. 1. Acts which should be repressed but which are consummation of the intended crime. One example is the not covered by law. man who puts his hand in the coat pocket of another with the intention to steal the latter's wallet and finds the Requisites: pocket empty. In this case, Intod shoots the place where 1. The act committed by the accused appears NOT he thought his victim would be, although in reality, the punishable by any law; victim was not present in said place and thus, the 2. But the court deems it proper to repress such act; petitioner failed to accomplish his end (Intod v. CA 285 3. In that case, the court must render the proper decision SCRA 52). by dismissing the case and acquitting the accused; and Felonies against persons are: (MHPI-DRAP) 4. The judge must then make a report to the Chief 1. Murder (Art. 248) Executive, through the Secretary of Justice, stating the 2. Homicide (Art 249) reasons which induce him to believe that the said act 3. Parricide (Art. 246) should be made the subject of penal legislation. 4. Infanticide (Art 255) 5. Duel (Arts 260 and 261) The Philippines does not subscribe to the common law 6. Rape (Art. 266-A) crimes system. Under this article, if an act should be 7. Abortion (Arts. 256, 257, 258 and 259) repressed but there is no law punishing the same, the 8. Physical Injuries (Arts 262, 263, 264, 265 and 266) proper decision of acquittal must be made. This is in consonance with the maxim nullem crimen nulla poena Felonies against property are: (BRUCT-SCAM) sine lege. 1. Robbery (Arts. 294, 297, 298, 299, 300, 302 and 303) 2. Brigandage (Arts. 306 and 307) Par. 2. Excessive Penalties 3. Theft (Arts. 308, 310, and 311) 4. Usurpation (Arts. 312 and 313) Requisites: 5. Culpable Insolvency (Art. 314) 1. The court after trial finds the accused guilty; 6. Swindling and other deceits (Arts. 315, 316, 317 and 2. The penalty provided by law and which the court 318) imposes for the crime committed appears to be clearly 7. Chattel Mortgage (Art. 319) excessive because: 8. Arson and other crimes involving destruction (Arts. 320, a. the accused acted with lesser degree of malice, 321, 322, 323, 324, 325, and 326) and/or 9. Malicious Mischief (Arts. 327, 328, 329, 330 and 321) b. there is no injury or the injury caused is of lesser gravity; Purpose of punishing impossible crimes: To suppress 3. The court should not suspend the execution of the criminal propensity or criminal tendencies. sentence; and 4. The judge should submit a statement to the Chief Notes: Executive, through the Secretary of Justice, a. Felony against persons or property should not be recommending executive clemency. actually committed, for otherwise, he would be liable for that felony; there would be no impossible crime to speak The court must impose the penalty prescribed for the of. crime committed although it finds the penalty too harsh b. There is no attempted or frustrated impossible crime. It considering the conditions surrounding the commission of is always consummated and applies only to grave or less the crime. The most the judge could do is to recommend grave felonies. to the Chief Executive to grant executive clemency. c. Under Article 59, the penalty for impossible crimes is arresto mayor or a fine ranging from 200-500 pesos. Par. 2 not applicable to the offense defined and penalized by a special law. SAN BEDA COLLEGE OF LAW 11 2013 CENTRALIZED BAR OPERATIONS  BOOK ONE CRIMINAL LAW ARTICLE 6 f. Physical Injury, since it cannot be determined CONSUMMATED, FRUSTRATED & whether the injury will be slight, less serious, or ATTEMPTED FELONIES serious unless and until consummated. g. Theft, because the unlawful taking immediately Formal Crimes or Crimes of Effect consummates the offense and the disposition of the These are felonies which by a single act of the accused thing is not an element thereof. consummates the offense as a matter of law (i.e. physical injuries, acts of lasciviousness, attempted flight to an 3. Attempted Felony enemy country, coercion, slander, illegal exaction). Elements: a. The offender commences the commission of the Material crimes felony directly by overt acts; These are crimes which involve the three stages of b. He does not perform all the acts of execution which execution. should produce the felony; c. He is not stopped by his own spontaneous Stages of execution: (does NOT apply to crimes under desistance; and special laws unless otherwise provided, crimes by d. The non-performance of all acts of execution was omission, and formal crimes) due to a cause or accident other than the offender’s own spontaneous desistance. 1. Consummated felony When all the elements necessary for its execution and Overt acts accomplishment are present. a. These are some physical activity or deed, indicating intention to commit a particular crime. 2. Frustrated Felony b. More than a mere planning or preparation, which if Elements: carried to its complete termination following its a. The offender performs all the acts of execution; natural course, without being frustrated by external b. All the acts performed would produce the felony as a obstacles, nor by voluntary desistance of the consequence; (belief of accused as to whether or not perpetrator will logically ripen into a concrete offense he had performed all acts of execution is immaterial) (Reyes, 2008, p. 87). c. But the felony is not produced; and d. By reason of causes independent of the will of the Felony is deemed commenced by overt acts when perpetrator. the following are present: a. That there be external acts; What crimes do not admit of frustrated stage? b. Such external acts have direct connection with the They are those which, by the definition of a frustrated crime intended to be committed. felony, the offender cannot possibly perform all the acts of execution to bring the desired result without Indeterminate Offense consummating the offense. It is one where the purpose of the offender in performing an act is not certain. The accused may be Examples: convicted of a felony defined by the acts performed by a. Rape, since the gravamen of the offense is carnal him up to the time of desistance. knowledge, hence, no matter how slight the penetration, the felony is consummated. In the case of People vs. Lamahang, Aurelio Lamahang b. Indirect Bribery, because it is committed by accepting was caught opening with an iron bar a wall of a store of gifts offered to the public officer by reason of his cheap goods in Fuentes St. Iloilo. He broke one board office. If he does not accept, he does not commit the and was unfastening another when a patrolling police crime. If he accepts, it is consummated. caught him. Owners of the store were sleeping inside c. Direct Bribery. store as it was early dawn. d. Corruption of Public Officers, because the offense requires the concurrence of the will of both parties, The attempt to commit an offense which the Penal such as that when the offer is accepted, the offense Code punishes is that which has a logical relation to a is consummated. But when the offer is rejected, the particular, concrete offense; that, which is the beginning offense is merely attempted. of the execution of the offense by overt acts of the e. Adultery, because the essence of the crime is perpetrator, leading directly to its realization and sexual congress. consummation. The attempt to commit an indeterminate offense, inasmuch as its nature in relation to its 12 SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS  CRIMINAL LAW BOOK ONE objective is ambiguous, is not a juridical fact from the Subjective Phase standpoint of the Penal Code. There is no doubt that in It is that portion of the acts constituting the crime, the case at bar it was the intention of the accused to starting from the point where the offender begins the enter Tan Yu's store by means of violence, passing commission of the crime to that point where he has still through the opening which he had started to make on control over his acts, including their (acts) natural the wall, in order to commit an offense which, due to the course. timely arrival of policeman Tomambing, did not develop beyond the first steps of its execution. If between those two points the offender is stopped by reason of any cause outside of his own voluntary Desistance desistance, the subjective phase has not been passed It is an absolutory cause which negates criminal liability and it is an attempt. because the law encourages a person to desist from committing a crime. If he is not so stopped but continues until he performs Note: The spontaneous desistance of the offender the last act, it is frustrated. negates only the attempted stage but not necessarily all criminal liability. If the desistance was made when acts Frustrated stage done by him already resulted to a felony, that offender It is the end thereof and the start of the objective phase. will still be criminally liable for the felony brought about by his act (Ortega, 2009). Objective Phase It is the result of the acts of the execution, that is, the Kinds of Desistance accomplishment of the crime. Legal Desistance Factual Desistance Definition If the subjective and objective phases are present, there Desistance referred Actual desistance of the is a consummated felony. to in law which actor; the actor is still would obviate liable for the attempt. The spontaneous desistance of the accused is criminal liability exculpatory only: unless the overt or a. if made during the attempted stage, and preparatory act b. provided that the acts already committed do not already committed in constitute any offense. themselves constitute a felony Factors in determining stage of execution of felony: other than what the (MEN) actor intended. 1. Manner of committing the felony; 2. Elements constituting the felony; Time or Period Employed 3. Nature of the offense. Desistance made Desistance made after during the attempted the attempted stage of Murder/Homicide/Parricide/Infanticide (MHPI): stage. the crime. 1. With intent to kill, but no mortal wound is inflicted – attempted. Two Stages in the Development of a Crime: 2. With intent to kill, and mortal wound is inflicted but 1. Internal acts: victim does not die – frustrated. a. Such as mere thoughts or ideas in the mind of 3. The moment the victim dies, intent to kill is conclusively person. presumed – consummated. b. Not punishable. Rules on crimes against persons (MHPI) and stages of 2. External acts cover: execution: a. Preparatory acts – ordinarily not punished except Gravity when considered by law as independent crimes (e.g. Death Intent to Crime of the Art. 304, Possession of picklocks and similar tools). Results Kill Committed wound b. Acts of Execution – punishable under the RPC. Pre- Mortal Yes Consummated sumed wound Attempted stage No Yes Mortal Frustrated (MHPI) It marks the commencement of the subjective phase. Non- No Yes Attempted MHPI mortal SAN BEDA COLLEGE OF LAW 13 2013 CENTRALIZED BAR OPERATIONS  BOOK ONE CRIMINAL LAW Gravity Consummated Frustrated Attempted Death Intent to Crime of the Arson Results Kill Committed wound The tools Overt act used alone The tools to No Yes only – no Attempted MHPI Any part of the are on fire, or be used for wound building burned, a furniture or committing Mortal Serious physical even if only a thing not the crime are No No wound injuries small portion. attached to in the Non- Less serious/ the building is building. No No mortal slight physical on fire. wound injuries Estafa The money No money Robbery/ Theft Deceit and taken has not was taken a. Both crimes are committed by the taking of the personal Damage on the been yet, only property of another and with the intent to gain. victim are present. “damaged” or deceit is b. The difference is that in robbery, there is the use of spent. present. force or violence. c. So long as there is possession of the property, no Attempted Frustrated Impossible matter how momentary it may be, the crime is Evil intent is not Evil intent is not Evil intent is consummated. accomplished. accomplished. not d. In robbery by the use of force upon things, since the accomplished. offender must enter the building to commit the crime, he must be able to carry out of the building the thing taken Evil intent is Evil intent is Evil intent to consummate the crime. possible of possible of cannot be e. In robbery with violence against or intimidation of accomplishment accomplishment. accomplished. persons, the crime is consummated the moment the. offender gets hold of the thing taken and/or is in a What prevented What prevented Evil intent position to dispose of it freely. the accomplish- the accomplish- cannot be f. It does not matter how long the property was in the ment is the ment are causes accomplished possession of the accused; it does not matter whether intervention of independent of because it’s the property was disposed or not; what is important is certain cause or the will of the inherently whether or not there was asportacion or unlawful taking. accident in perpetrator impossible of which the accomplishme Rape offender had no nt or the The crime of rape is consummated by mere penetration of part. means the male organ no matter how slight or superficial. employed by the offender is Instances where there is attempted rape: inadequate or a. When the skirt of the victim has been lifted no matter ineffectual. what position; b. When the accused mounted on the body of the victim; ARTICLE 7 c. When there is epidermal touching of the genital organs LIGHT FELONIES of the accused and the victim. Light Felonies In attempted rape, there is the intent to have carnal These are those infractions of law for the commission of knowledge or sexual intercourse. In acts of lasciviousness which the penalty of arrestomenor or fine not exceeding there is none. 200 pesos, or both, is provided (Art. 9, par. 3). There is NO crime of frustrated rape, only a frustrated General Rule: Light felonies are punishable only when rapist. The case of People vs. Eriña was an exception they have been consummated. since the victim was only 3 years old. Reason: They produce light, insignificant moral and material injuries that public conscience is satisfied with Examples of Common Crimes and their Stages of providing a light penalty for their consummation. If they Execution: 14 SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS  CRIMINAL LAW BOOK ONE are not consummated the wrong done is so slight that 3. That the execution of the felony was decided upon. there is no need of providing a penalty at all (Albert) (Reyes, 2006, p. 121). There must be participation with a criminal resolution because simple knowledge thereof by a person may only Exception: If committed against persons or property, make him liable as an accomplice (People vs. Comadre, punishable even if attempted or frustrated. G.R. No.153559, June 8, 2004). Reason for the exception: Such commission The law specially provides penalty for mere conspiracy in: presupposes moral depravity. (Under RPC) TRICSM a. The exception with regard to crimes against persons is 1. Treason, (Art. 115) actually unnecessary, as the only light felony against 2. Rebellion, (Art. 136) persons is slight physical injuries which in the first 3. Insurrection, (Art. 136) place is always consummated. 4. Coup d’ etat, (Art. 136) b. The exception can apply however to attempted or 5. Sedition, (Art. 141) frustrated light felonies against property BUT only 6. Monopolies and combinations in restraint of trade. (Art. principal and accomplices are criminally liable while 186) accessories are exempt. (Under special laws) Light Felonies under RPC: (STAMI) 1. Espionage, 1. Slight physical injuries (Art. 266) 2. Highway robbery, 2. Theft (Art. 309, par. 7 and 8) 3. Illegal association, When the value of thing stolen is less than five pesos 4. Selected acts committed under the Dangerous Drugs and theft is committed under the circumstances Act, enumerated under Article 308 par. 3 5. Arson, and 3. Alteration of boundary marks (Art. 313) 6. Terrorism under the Human Security Act. 4. Malicious mischief (Art. 328, par. 3; Art. 329, par. 3) When the value of the damage does not exceed two Conspiracy as a felony, distinguished from hundred pesos or cannot be estimated. conspiracy as a manner of incurring criminal liability. 5. Intriguing against honor (Art. 364) As a Manner of Incurring As a Felony Criminal Liablity Note: For light felonies, the only ones who can be held Conspirators should not If the conspirators commit it, liable are the principals and accomplices. actually commit say, treason, they will be held treason, rebellion, etc., liable for treason, and the ARTICLE 8 it being sufficient that conspiracy which they had CONSPIRACY AND PROPOSAL two or more persons before committing treason is TO COMMIT FELONY agree and decide to only a manner of incurring commit it. criminal liability, not treated as General Rule: Mere conspiracy or proposal to commit a a separate offense. felony is not punishable since they are only preparatory Felony relates to a Conspiracy is not treated as a acts. crime actually separate offense but used to committed. determine the liability of the Exception: In cases in which the law specially provides a offenders. penalty therefor. In conspiracy, the act of one is the act of all. Conspiracy It exists when two or more persons come to an agreement General Rule: When conspiracy is established, all who concerning the commission of a felony and decide to participated therein, irrespective of the quantity or quality commit it. of his participation is liable equally, whether conspiracy is pre-planned or instantaneous. Agreement may be oral or written, express or implied. Exception: Unless one or some of the conspirators Requisites of Conspiracy: committed some other crime which is not part of the 1. That 2 or more persons came to an agreement; intended crime. 2. That the agreement pertains to the commission of a felony; and SAN BEDA COLLEGE OF LAW 15 2013 CENTRALIZED BAR OPERATIONS  BOOK ONE CRIMINAL LAW Exception to the Exception: When the act constitutes a “single indivisible offense.” It is not necessary that the person to whom the proposal is made agrees to commit TRIC, what constitutes the felony Doctrine of Implied Conspiracy is the making of the proposal. Conspiracy may be inferred if it is proven that two or more persons aimed their acts towards the accomplishment of the same unlawful object, each doing a part so that their ARTICLE 9 acts although apparently independent were in fact CLASSIFICATION OF FELONIES connected and cooperative, thus indicating a closeness of ACCORDING TO GRAVITY personal association and a concurrence of sentiment. It is enough that at the time of the commission of the Grave felonies offense, the offenders acted in concert, each doing his Felonies to which the law attaches the capital punishment part to fulfill their common design. or penalties which in any of their periods are afflictive, in There is unity of purpose and unity in the execution of the accordance with Art. 25 of the Code. offense. These are: 1. Reclusion perpetua, In determining whether there is an implied conspiracy, it 2. Reclusion temporal, must be based on: 3. Perpetual or Temporary Absolute Disqualification, 1. Overt acts done before, during or after the commission 4. Perpetual or Temporary Special Disqualification, of the crime; or 5. Prision mayor, 2. Words, remarks or language used before, during or 6. Fines more than Php 6000. after the commission of the crime. a. They must be distinct from each other, independent Less grave felonies or separate. Felonies which the law punishes with penalties which in b. They must be closely associated, closely related, their maximum period are correctional, in accordance with closely linked, and coordinated. Art. 25 of the Code. c. They must be for a common criminal design, joint These are: criminal interest, unity of criminal purpose, or 1. Prision correccional, concerted action, geared towards the attainment of 2. Arresto mayor, the felony. 3. Suspension, 4. Destierro, Proposal to Commit a Felony 5. Fines equal to or more than Php 200 but less than Php It is when the person who has decided to commit a felony 6000. proposes its execution to some other person or persons. Light felonies Requisites of Proposal: Those infractions of law for the commission of which the 1. That a person has decided to commit a felony penalty of arrestomenor or a fine not exceeding 200 (Decision); and pesos, or both, is provided. 2. That he proposes its execution to some other person or persons (Proposal). Importance of Classification 1. To determine whether these felonies can be complexed RPC specially provides penalty for mere proposal in or not. (TRIC) 2. To determine the prescription of the crime and the 1. Treason, prescription of the penalty. 2. Rebellion, 3. Insurrection, and ARTICLE 10 4. Coup d’ etat. OFFENSES NOT SUBJECT TO THE PROVISIONS OF THE RPC There is no criminal proposal when: 1. The person who proposes is NOT determined to General Rule: RPC provisions are supplementary to commit the felony; special laws. 2. There is no decided, concrete and formal proposal but a mere suggestion; Exceptions: 3. It is not the execution of a felony that is proposed. 1. Where the special law provides otherwise. 16 SAN BEDA COLLEGE OF LAW 2013 CENTRALIZED BAR OPERATIONS  CRIMINAL LAW BOOK ONE 2. When the provisions of the RPC are impossible of ARTICLE 11 application, either by express provision or by JUSTIFYING CIRCUMSTANCES necessary implication. Justifying Circumstances Thus, when the special law adopts the penalties Those where the act of a person is said to be in imposed in the RPC, such as reclusion perpetua or accordance with law, so that such person is deemed not reclusión temporal, the provisions of the RPC on to have transgressed the law and is free from both imposition of penalties based on stage of execution, criminal and civil liability. There is no civil liability, except degree of participation, and attendance of mitigating in par. 4 of Art. 11 where the civil liability is borne by the and aggravating circumstances may be applied by persons benefited by the act. necessary implication. An affirmative defense, hence, the burden of proof is on CHAPTER TWO the accused who must prove it by clear and convincing JUSTIFYING CIRCUMSTANCES AND evidence. CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY There is both NO crime and NO criminal. (ARTS. 11-12) Basis: Lack of criminal intent. Five circumstances affecting criminal liability: 1. Justifying circumstances; Art. 11, RPC (6); R.A. 9262 Par. 1. Self-Defense VAWC Rights included in self-defense: 2. Exempting circumstances; Art. 12, RPC (7) Self-defense includes not only the defense of the person 3. Mitigating circumstances; Art. 13, RPC (10) or body of the one assaulted but also that of his rights, the 4. Aggravating circumstances; Art. 14, RPC (21) enjoyment of which is protected by law. Thus, it includes: 5. Alternative circumstances; Art. 15, RPC (3) 1.The right to honor. Hence, a slap on the face is Other circumstances found elsewhere in the RPC: considered as unlawful aggression since the face 1. Absolutory cause – the effect is to absolve the offender represents a person and his dignity. It is a serious from criminal liability, although not from civil liability. personal attack; a physical assault, coupled with a 2. Extenuating circumstances - the effect is to mitigate the willful disgrace; and it may, therefore, be frequently criminal liability of the offender and has the same effect regarded as placing in real danger a person’s dignity, as mitigating circumstances (i.e. Concealment of rights and safety (Rugas vs. People, GR No. 147789, dishonor in the crime of infanticide insofar as the mother Jan. 14, 2004). and maternal grandparents are concerned, the penalty is lowered by two degrees; the crime of adultery 2. The defense of property rights can be invoked if there is committed by a married woman abandoned by her an attack upon the property although it is not coupled husband) with an attack upon the person of the owner of the premises. All the elements for justification must Imputability however be present (People vs. Narvaez, 121 SCRA It the quality by which an act may be ascribed to a person 389, 1983). as its author or owner. It implies that the act committed has been freely and consciously done and may therefore Subjects of Self-Defense: (PRPH) be put down to the doer as his very own. a. Defense of Person b. Defense of Rights Responsibility c. Defense of Property It is the obligation of taking the penal and civil d. Defense of Honor consequences of the crime. What is important is not the duality of the attack but Guilt whether the means employed is reasonable to prevent the It is an element of responsibility, for a man cannot be attack. made to answer for the consequences of a crime unless he is guilty. Self Defense is lawful because: a. Impulse of self-preservation; SAN BEDA COLLEGE OF LAW 17 2013 CENTRALIZED BAR OPERATIONS  BOOK ONE CRIMINAL LAW b.State cannot provide protection for each of its constituents. Reasonable necessity of the means employed 1. It involves two elements, necessity for the course of Stand ground when in the right action and necessity of the means employed, which The law does not require a person to retreat when his should be reasonable. assailant is rapidly advancing upon him with a deadly 2. In determining reasonable means, some factors are weapon. to be considered such as: (PINES) a. Presence of imminent danger; Reason: He runs the risk of being attacked in the back by b. Emergency to which the person defending himself the aggressor. has been exposed to; c. Nature and quality of the weapon used by the Requisites: (URL) accused compared to the weapon of the 1. Unlawful aggression (condition sine qua non); aggression; Kinds of aggression: d. Impelled by the instinct of self-preservation; a. Lawful e. Size and/or physical character of the aggressor i. In the exercise of a right compared to the accused and other circumstances ii. In the fulfillment of a duty that can be considered showing disparity between b. Unlawful aggressor and accused. 2. Reasonable necessity of the means employed to prevent or repel it (if by a peace officer, reasonable This element should be interpreted liberally in favor necessity of the means employed to overcome of the law-abiding citizen. opponent); and 3. Lack of sufficient provocation on the part of the person Perfect equality between the weapons used by the one defending himself. defending himself and that of the aggressor is not