Wesleyan University Philippines

John Wesley College of Law and Governance

COURSE OUTLINE/SYLLABUS IN CRIMINAL LAW 1

RAVjr.

Aims and Objectives of the course:

After completing the course every student should be able to:

 Understand the origin, the purposes and the basic concepts of criminal law.
 Understand the underlying principles of criminal law.
 Understand the concept of felony, its classification and the manner criminal liability may
be incurred and the grounds the same may be extinguished.
 Understand penalty, its classification, application and effects.
 Understand the civil liability arising from criminal liability.

Suggested Textbook: The Revised Penal Code (Criminal Law) by L. B. Reyes latest edition.

I.CRIMINAL LAW GENERAL PRINCIPLES

A. Criminal Law, defined.

1. Criminal law vs. Criminal Procedure

2. “Nullum crimen, nulla poena sine lege”
3. Common law crimes
4. Power of the State to punish crimes
5. Constitutional and Statutory limitations on the exercise of sovereign power
6. Sources of criminal law
7. Theories of penology; features
8. Repeal of penal law; effects
9. Characteristics of criminal law
10. Interpretation of the provisions of criminal law (Principle of Pro Reo)

II. GENERAL PROVISIONS

A. Date of effectivity of the Revised Penal Code, Article 1

B. Application of provisions of the RPC, Article 2 (General rule and exceptions)
1. Treaties; effects on application of penal provisions

1
 2. Laws of preferential application; effects on application of penal provisions

III. FELONIES and CRIMINAL LIABILITY

A. Felony, Article 3 (Offenses/Crimes)

1. Elements of felony

B. Classification of Felonies:
1. According to manner or mode of execution
2. According to stage of execution
3. According to gravity
4. According to its nature (moral turpitude) [Mala in se and Mala Prohibita]

C. Honest Mistake of Fact; elements

U.S. vs. Ah Chong, G.R. No. 5272, March 19, 1910 [15 Phil. 488]
U.S. vs. Bautista, G.R. No. 10678, [31 Phil. 308]
People vs. Bayambao, G.R. No. 25481, Oct. 31, 1928 [52 Phil. 309]
People vs. Oanis, G.R. No. 47722, July 27, 1943 [74 Phil. 257]
People vs. Apego, G.R. No. 7929, Nov. 8, 1912 [23 Phil. 391]
Cuenca vs. People of the Philippines, [33 SCRA 522]
People vs. Landicho, G.R. No. 21431-R, Sept. 5, 1958 9CA) 55 OG 842

D. CRIMINAL LIABILITY; How incurred (Article 4)

1. Proximate Cause
PP vs. Cagoco, G.R. No.38511, Oct. 6, 1933 [58 Phil. 524]
PP vs. Dalag, G.R. No. 129895, April 30, 2003 [402 SCRA 254]
PP vs. Vagallon, G.R. No. 22688, Jan. 26, 1925 [47 Phil. 332]
PP vs. Brobst, G.R. No. 4935, Oct. 25, 1909 [14 Phil. 310]
PP vs. Martin, G.R. No. L-3002, May 23, 1951 [89 Phil. 18]
PP vs. Piamonte, G.R. No. L-5775, Jan. 1954 [94 Phil. 293] [23 Phil. 12]
PP vs. Itlanas, G.R. No. 60118, Feb. 28, 1985 [135 SCRA 202]
PP vs. Opero, G.R. No. L-48796, June 11, 1981 [105 SCRA 40]
PP vs. Sitchon, G.R. No. 134362, Feb. 27, 2002 [378 SCRA 68]
PP vs. Rodriguez, G.R. No. 7123, Aug. 17, 1912 [23 Phil. 12]
PP vs. Quizon, G.R. No. 42607, Sept. 28, 1935 [62 Phi. 162]
PP vs. Reloj, G.R. No. L-31335, Feb. 29, 1972 [43 SCRA 526]

2. Efficient Intervening Cause (Dependent Intervening Act)

2
 Urbano vs. Intermediate Appellate Court, G.R. No. 72964, Jan.7, 1998
PP vs. Ancasan, G.R. No. 28260, Feb. 24, 1928 [53 Phil. 779]

3. Circumstances that may vary criminal liability:

1. Abberatio Ictus (Mistake in the blow)

2. Error in personae(Mistake in the identity of the victim)
3. Praeter Intentionem (Lack of intent to commit so grave a wrong)

People vs. Mabug-at, G.R. No. 25459, Aug. 10, 1926 [51 Phil. 967]
People vs. Oanis, G.R. No. L-47722, July 27, 1943 [74 Phil. 257]
People vs. Tomotorgo, G.R. No. L-42941, April 30, , 1985 [136 SCRA 238]

4. Impossible Crime

1. Requirements for the existence of impossible crime

2. Penalty for impossible crime
3. Factual Impossibility
People vs. CA, G.R. No. 1031119, Oct. 21, 1992
Jacinto vs. People, G.R. No. 162540, July 14, 2009 [592 SCRA 426]
4. Legal Impossibility
Intod vs. CA, G.R. No. 103119, Oct. 21, 1992 [215 SCRA
5. Impossibility of accomplishment due to employment of ineffectual means
People vs. Balmores, G.R. No. L-1896, Feb. 16, 1950 [85 Phil. 493]

5. Duty of courts for acts which ought to be repressed but which are not covered by
law and in cases of excessive penalties for the overt act done. Article 5.

People vs. Gutierrez, G.R. No. 81020, May 28, 1991 [197 SCRA 569]
People vs. Orefon, G.R. No. 36173, Nov. 25, 1932 [57 Phil 594]
People vs. Cernja, G.R. No. L-2800, May 30, 1958 [104 Phil. 551]
People vs. Santos, G.R. No. L-11813 [104 Phil. 551]

6. Felonies; Stages of Execution. Article 6.

(Formal and Material crimes)
a. Consummated felony
b. Frustrated felony
c. Attempted felony

7. Light Felonies; when punishable. Article 7.

3
8. Conspiracy and Proposal to commit felony. Article 8.

a. Conspiracy; denotation.
b. Proposal to commit felony.
c. Elements of conspiracy.
d. Effects of conspiracy in the commission of a crime
People vs. Ruiz, G.R. No. L-33604-05, oct. 30, 1979[93 SCRA 739]
People vs. Medios, G.R. No. 132066-67, Nov. 29, 2001 [371 SCRA 120]
People vs. Abut, G.R. No. 137601, April 24, 2003 [401 SCRA 498]
People vs. Hernandez, G.R. No. 90641, Feb. 27, 1990 [182 SCRA 794]
People vs. Aguilos, G.R. No. 121828, June 27, 2003 [405 SCRA 134]
e. Implied Conspiracy
People vs. Cantuba, G.R. No. 79811, March 19, 1990 [183 SCRA 289]
f. Absence of Conspiracy; effect of.
g. Quantum of Proof require to prove conspiracy
People vs. Agda, G.R. No. L-36377, Jan. 30, 1982 [111 SCRA 330]
People vs. Rafael, G.R. No. 12376, Oct. 13, 2000 [343 SCRA 97]
h. Two concepts of conspiracy
9. Grave Felony, Less Grave Felony, and Light Felony. Article 9.
10. Offenses not subject to the provisions of the Revised Penal Code. Article 10.

IV. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

1. Justifying Circumstances. Article 11.

1.a Defense of one’s person; requisites. P v. Agripa. GR No. 72244, [208 SCRA 589]
(Right, Honor, Property, or Home) P v. Luague, GR No. 43588 [62 Phil. 504]
1.b. Defense of relatives; requisites. P v. Agapinay, G.R. No. 77776, June 27,
1990,[186 SCRA 812]; P v. Eduarte, G.R. No. 72976, July 9, 1990 [187 SCRA 291];
Eslabon vs. People, G.R. No. 66202, Feb. 24, 1984 [127 SCRA 785]
1.c Defense of stranger; requisites.
1.d State of necessity or avoidance of greater evil or injury; requisites.
1.e Performance of duty or lawful exercise of right or office; requisites.
1.f Obedience to a lawful order of superior authority; requisites.
1.g Nobel concept of self-defense: People vs. Marivic Genosa, G.R. No. 13598, Jan.
15, 2004 [186 SCRA 537] (RA 9262)

2. Exempting Circumstances

2.a Imbecility and Insanity

4
 2.b Age of minority
2.c Accident without fault or intention of causing it
2.d Compulsion of irresistible force
2.e Impulse of uncontrollable fear of equal or greater injury
2.d Failure to perform an act required by law prevented by insuperable cause

People vs. Montenegro, G.R. No. 157933, Aug. 10, 2004 [436 SCRA 33]
People vs. Bayambao, G.R. No. 29481, Oct. 31, 1928 [52 Phil. 309]
People vs. Anticamara, G.R. No. 178771, June 8, 2011 [651 SCRA 489]
People vs. Baron, G.R. No. 185209, June 28, 2010 [621 SCRA 646]

3. Absolutory Causes

4. Mitigating Circumstances (Lesser degree of criminal perversity)

4.a Classes of mitigating circumstances; effects on the presence of each in the
imposition of penalty for the crime committed
4.b. Attenuating circumstances

5. Aggravating circumstances (Greater degree of criminal perversity)

5.a Classes of aggravating circumstances; their effects on criminal liability.

6. Alternative Circumstances; either Relationship, Intoxication or Degree of

Instruction/Education

V. PERSONS CRIMINALLY LIABLE FOR FELONIES

1. Principals
2. Accomplices
3. Accessories
4. Felons liable for grave, less grave and light felonies

VI. PENALTIES IN GENERAL

1. Penalty, defined
2.Purposes of penalty:
 Retribution
 Deterrence
 Rehabilitation
 Incapacitation
 Restoration
 Reformation
1. Penalties that may be imposed, Article 21.

5
2. Penalty limitations
3. Application of penalties (Retroactive or Prospective), Article 22.
4. Effect of Pardon of the offender by the offended party on the criminal action and
civil liability; exception
5. Pardon by the offended party and pardon by the Chief Executive contrasted
6. General Classification of Penalties and their subdivisions

a. Principal Penalties:

 Capital Punishment
 Afflictive Penalties
 Correction Penalties
 Light Penalties
 Penalties common to the preceding classes

a. Accessory Penalties:

 Perpetual or temporary absolute disqualification

 Perpetual or temporary special disqualification
 Suspension from public office, the right to vote and be voted for, the
profession or calling
 Civil Interdiction
 Indemnification
 Forfeiture or confiscation of instruments and proceeds of the offense
 Payment of cost.

7. Duration of Penalties:

 Reclusion Perpetua
 Reclusion Temporal
 Prision Mayor
 Prision Correccional, Suspension and Destierro
 Arresto Mayor
 Arresto Menor
 Bond to keep the peace

8. Effects of Penalties
9. Application of Penalties
10. Indeterminate Sentence Law (Republic Act No. 4225)
11. Probation Law (Presidential Decree No. 968, as amended)
12. Execution and Service of Penalties

6
 VII. EXTINCTION OF CRIMINAL LIABILITY

1. Total Extinction of Criminal Liability:

 Death of convict
 Service of Sentence
 Amnesty
 Absolute Pardon
 Prescription of the Crime
 Prescription of the Penalty
 Marriage of the offended woman with the offender under Article 344, RPC

2. Partial Extinction of Criminal Liability:

 Conditional Pardon
 Commutation of the Sentence
 Good Conduct Allowance

VIII. CIVIL LIABILITY

1. Liability of person guilty of felony

2. Prosecution of civil action arising from crime (civil liability ex delicto)
3. Extent of civil liability:
 Restitution
 Reparation of damage caused (crime against property)
 Indemnification for consequential damages, such as: death indemnity in case
of loss of life, medical for medical services, loss of earning capacity, support
in favor of the person to whom the deceased is obliged to give, moral
anxieties and exemplary damages in certain cases
4. Extinction and Survival of Civil Liability

-end-

7
8