Module in Criminal Law a.

Treaties and laws of preferential

application (diplomatic representatives and
Criminal Law- is that branch or division their domestic servants).
of law which defines crimes, treats of their
nature, and provides for their punishment. b. Subject to the principles of international
law and to treaty stipulations.

Example: Bases Agreement

Crime- is an act committed or omitted in
violation of a public law forbidding or Note: Consuls, vice- consuls and other
commanding it. commercial representatives of foreign
nations do not possess the status of, and
cannot claim the privileges and immunities
accorded to ambassadors and ministers.
Sources of Philippine Criminal Law

1. Revised Penal Code (Act 3815)

TERRITORIAL- that Criminal Laws
2. Special Penal Laws
undertake to punish crimes committed
3. Presidential Decrees within PH territory. As a rule, penal laws of
the PH are enforceable only within its
territory
Characteristics of Criminal Law

1. General What is the extent of PH territory?

2. Territorial - Article 1 of the 1987 Constitution
provides that the national territory
3. Prospective
comprises the PH archipelago, with
all the islands and waters embraced
therein, and all other territories over
GENERAL- criminal law is binding on all which the PH has sovereignty or
persons who live or sojourn in the PH jurisdiction, consisting of its
territory. terrestrial, fluvial, and aerial
domains, including its territorial sea,
Note: No foreigner enjoys in this country
the seabed, the subsoil, the insular
extra- territorial right to be exempted from
shelves, and other submarine areas.
its laws and jurisdiction, with the exception
The waters around, between, and
of heads of states and diplomatic
connecting the islands of the
representatives who, by virtue of the
archipelago, regardless of their
customary law of nations, are not subject to
breadth and dimensions, form part
the PH territorial jurisdiction.
of the internal waters of the PH.
Exception:

Exceptions to the territorial

application of Criminal Law

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 Article 2 of the RPC provides for the When the new law and the old law
exceptions, to wit: penalize the same offense, the offender can
be tried under the old law.
1. Should commit an offense while on a PH
ship or airship;

2. Should forge or counterfeit any coin or Construction of penal laws

currency note of the PH or obligations and
securities issued by the Government of the Penal laws are strictly construed
PH; against the Government and in favor of the
accused. However, it may only be invoked
3. Should be liable for acts connected with only where the law is ambiguous and there
the introduction into the PH of the is a doubt as to its interpretation.
obligations and securities mentioned in the
preceding number; The Spanish text is controlling,
because it was approved by the PH
4. While being public officers or employees, legislature in its Spanish text.
should commit an offense in the exercise of
their function;

5. Should commit any of the crimes against The Revised Penal Code (Act No.
national security and the law of nations. 3815, as amended) An Act Revising
the Penal Code and other Penal Laws
PROSPECTIVE- that a penal law cannot
make an act punishable in a manner in The RPC, as enacted by the PH
which it was not punishable when Legislature, was approved on December 8,
committed. 1930. It took effect on January 1, 1932. It
consists of two books, namely: Book 1 and
Article 366 of RPC provides that, crimes are Book 2.
punished under the laws in force at the time
of their commission. Book 1 consists of two parts: (a)
basic principles affecting criminal liability
(Arts 1-20) and (b) the provisions on
penalties including criminal and civil
Exception: Whenever a new statute liability (Arts 21-113)
dealing with crime establishes conditions
more lenient or favorable to the accused. Book 2 consists of defined felonies with
corresponding penalties, classified and
Exception to the exception: (a) Where grouped under 14 different titles.
the new law is expressly made inapplicable
to the pending actions or existing causes of
action. (b) Where the offender is a habitual
criminal Two theories of CLAW

Note: When the repeal is absolute, the 1. Classical theory

offense ceases to be criminal.
- the basis of criminal liability is human free
will and the purpose of the penalty is
retribution; it places more stress upon the

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effect or result of the felonious acts; it - A PH vessel or aircraft must be
endeavored to establish a mechanical and understood as that which is
direct proportion between crime and registered in the PH Bureau of
penalty Customs. It is the registration of the
vessel not the citizenship of the
2. Positivist theory owner that is controlling.
- that man is subdued occasionally by a - The PH vessel although beyond 3-
strange and morbid phenomenon which miles from the seashore, is
constrains him to do wrong, in spite of or considered part of the national
contrary to his volition; that crime is territory. But when the PH vessel is
essentially a social and natural or aircraft is in the territory of a
phenomenon. foreign country, the crime
committed on said vessel or aircraft
is subject to the laws of that foreign
country.
Article 2. Application of its provision.
- But a continuing crime committed
Except as provided in the treaties and laws
on board of a foreign vessel sailing
of preferential application, the provisions of
from other country to the PH is
this Code shall be enforced not only within
triable in the PH.
the Philippine Archipelago, including its
- Offenses committed on board a
atmosphere, its interior waters and
foreign merchant vessel while on the
maritime zone, but also outside of its
PH waters is triable before our
jurisdiction, against those who:
courts.
1. Should commit an offense while on a PH - Rules as to jurisdiction over
ship or airship; crimes committed aboard
foreign merchant vessels:
2. Should forge or counterfeit any coin or (a) French Rule- such
currency note of the PH or obligations and crimes are not triable in the courts of
securities issued by the Government of the that country, unless their
PH; commission affects the peace and
security of the territory or the safety
3. Should be liable for acts connected with
of the state is endangered;
the introduction into the PH of the
obligations and securities mentioned in the
(b) English Rule- such
preceding number;
crimes are triable in that country,
4. While being public officers or employees, unless they merely affect things
should commit an offense in the exercise of within the vessel or they refer to the
their function; or internal management thereof.
In this country we observe
5. Should commit any of the crimes against the English Rule.
national security and the law of nations.

Notes for No. 1

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 - Warships are always reputed to be Notes for No. 4
the territory of the country to which
they belong and cannot be subjected - Examples of crimes that may be
to the laws of another state. committed are: direct or indirect
bribery, Malversation of public
funds, frauds against the public
treasury.

Question: Do the PH courts have

jurisdiction over the crime of homicide
committed on board a foreign merchant Notes for No. 5
vessel by a member of the crew against
- Examples of crimes that may be
another?
committed are: treason, conspiracy
Answer: Yes. It disturbs public peace to commit treason, espionage,
correspondence with hostile country,
piracy, mutiny on high seas

Question: Is possession of opium aboard a Remember: The crimes punishable in the

foreign merchant vessel triable in our PH under Art 2 are cognizable by the RTC in
courts? which charge is filed.

Answer: No. Mere possession of opium on Title One

such ship, without being used in our
territory, does not constitute a breach of Felonies and Circumstances Which
public order. But when it landed from the Affect Criminal Liability
vessel on PH soil, our courts acquires
Chapter One
jurisdiction.
FELONIES

Article 3. Definition. Acts and omissions

Notes for No. 2
punishable by law are felonies (delitos).
- Any person who makes false or
Felonies are committed not only by
counterfeit coins ( Art 163) or forges
means of deceit (dolo) but also by means of
treasury or bank notes or other
fault (culpa).
obligations and securities (Art 166)
in a foreign country may be There is deceit when the act is
prosecuted before our civil courts. performed with deliberate intent; and there
is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or
Notes for No. 3 lack of skill.

- The reason for this provision is that Elements of felonies

it is dangerous to the economical 1. That there must be an act or omission
interest of the country

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2. That the act or omission must be 2. Culpable felonies
punishable by the RPC
(But both must be committed voluntarily)
3. That the act is performed or the omission
incurred by means of dolo or culpa Intentional Culpable Felonies
Felonies (Dolo or (Culpa or Fault)
Deceit)

ACT- any bodily movement tending to The act or omission The act or omission
produce some effect in the external world. of the offender is of the offender is not
malicious or he has malicious. It is
But the act must be one which is defined by
the intention to unintentional, it
the RPC as consisting felony. The act must cause injury or harm being simply the
be external, hence, a criminal thought or a incident of another
mere intention, no matter how immoral or act performed
improper it may be, will never constitute a without malice.
felony.

OMISSION- the failure to perform a Question: Gummy, who was not a medical
positive duty which one is bound to do. practitioner, tied a girl, wrapped her feet
There must be a law requiring the doing or with rags saturated with petroleum and
performance of an act. thereafter set them on fire, causing injuries.
His defense was that he undertook to render
Examples: medical assistance in good faith and to the
best of his ability to cure her ulcer. Is Allan
1. A person who fails to render assistance to
liable?
any person whom he finds in an
uninhabited place wounded or in danger of Answer: Yes. While there was no intention
dying, is liable for abandonment of persons to cause an evil but to provide remedy, the
in danger. defendant is liable to the injuries through
imprudence.
2. Every person owing allegiance to the PH,
without being a foreigner, and having
knowledge of any conspiracy against the
government, who does not disclose and Imprudence vs Negligence
make known the same to the proper
Imprudence Negligence (Lack
authority, is liable for misprision of treason.
(Lack of Skill) of Foresight)
Note: Mere passive presence at the scene of Indicates a
Indicates deficiency
deficiency of action of perception
another’s crime, mere silence and failure to
A person fails to A person fails to pay
give alarm, without evidence of agreement undertake theproper attention
or conspiracy, is not punishable. necessary and to use due
precaution to avoid diligence in
injury or damage foreseeing the
injury or damage
Classification of felonies as to means
Requisites of dolo or malice
which they may be committed
1. Freedom- When a person acts without
1. Intentional felonies
freedom, he is no longer a human being but

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a tool. Thus a person who acts under the Is a misapprehension of fact on the
compulsion of an irresistible force or of an part of the person who caused injury to
uncontrollable fear of an equal or greater another. He is not, however, criminally
injury is exempt from criminal liability. liable, because he did not act with criminal
intent.
2. Intelligence- Without this power,
necessary to determine the morality of An honest mistake of fact destroys
human acts, no crime can exist. Thus, the the presumption of criminal intent which
imbecile or the insane (except those who arises upon the commission of a felonious
acted under its lucid interval) have no act.
criminal liability.

3. Intent- Intent to commit the act with

malice, being purely a mental process, is Requisites of mistake of fact as a
presumed and the presumption arises from defense:
the proof of the commission of an unlawful
a. That the act done would have been lawful
act. Its existence is shown by overt acts of
had the facts been as the accused believed
person. Criminal intent is presumed from
them to be.
the commission of an unlawful act.
Example: Yakee believed that she
was at her age when she contracted
Actus non facit reum, nisi mens sit marriage without parental consent. Had it
rea- a crime is not committed if the mind of be the real fact, there would not be any
the person performing to act complained be felony committed.
innocent.
b. That the intention of the accused in
It is true that a presumption of performing the act should be lawful.
criminal intent may arise from proof of the
c. That the mistake must be without fault or
commission of a criminal act, but it must be
carelessness on the part of the accused.
borne in mind that the act from which
presumption springs must be a criminal act.

Question: Juicy was a stay- in cook in

Manila Hotel. She was afraid of robbers who
Question: One night Choko suddenly got
were at that time was a popular criminals.
up in his sleep, left the room with a bolo in
One evening, before going to bed, she locked
his hand, and upon meeting his wife who
herself in her room by placing a chair
tried to stop him, and wounded her in the
against the door. After having gone to bed,
abdomen. Is Choko liable?
she was awakened by someone trying to
Answer: No. Because his acts were not open the door. Fearing that the intruder was
voluntary, for having acted in a dream a robber, she leaped from her bed and called
(somnambulism); he had no criminal intent. out twice, “Who is there?” but received no
answer, she then repeated her question with
a warning “If you enter the room, I will kill
you!” Still no response from the person
Mistake of Fact outside. But at that precise moment, she

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was struck by the chair, and believing that personae or mistake in identity, the
she was being attacked he seized a kitchen principle of mistake of fact does not apply.
knife and struck fatally wounded the
intruder who turned out to be her
roommate. Is Juicy liable?
Criminal intent is replaced by
negligence and imprudence in
felonies committed by means of culpa
Answer: No. This case shows mistake of
fact on the part of Juicy. Had the facts been The mind of the accused is not
as Juicy believed them to be, she would have criminal; however, his act is wrongful,
been justified in killing the intruder under because the is injury or damage caused
Art 11 (Self- defense) of RPC. Actus me results from the imprudence, negligence,
invite factus non est meus actus “an act lack of foresight or lack of skill.
done by me against my will is not my act”

Question: Patrolman Maxx and Patrolman

Requisites of Culpa or Fault
Marl were under instructions to arrest one
Boston, a notorious criminal and escaped 1. Freedom
convict, and if overpowered, to get him dead
or alive. Proceeding to the suspected house, 2. Intelligence
they went into a room and on seeing a man
3. He is imprudent, negligent or lacks
sleeping with his back towards the door,
foresight or skill while doing the act or
simultaneously fired at him which caused its
omitting to do the act.
death. The victim turned out to be an
innocent man Tiwi. Are the police officers
liable?
Note: Mistake in the identity of the
Answer: Yes. Even it was true that the intended victim is not reckless imprudence.
victim was notorious criminal; the accused
would not be justified in killing him while
the latter was sleeping. There is also fault or
Article 12 Par. 4
carelessness on the part of the accused as
they without first making any reasonable A person causing damage or injury
inquiry as to the identity of the victim. to another, without malice or fault, is not
criminally liable, in such case he exempted
from criminal liability. However the act
Question: Milo wanted to kill Tune by performed must be lawful.
shooting him. Thinking that the person
walking in dark alley was Tune, Milo shot
the person. It turned out that the person The third class of crime are those
killed was Cal. Is mistake of fact applicable? punished by special laws
Answer: No. In mistake of fact, the - Dolo is not required in crimes
intention of the accused in performing the punished by special laws. It is
act must be lawful. Thus, in error in enough that there is intent to

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 perpetrate the prohibited act and is conviction. Its
done freely and consciously. existence does not
- In those crimes punished by special prove the guilt of a
person
laws, the act alone, irrespective of its
When relevant: When relevant:
motives, constitutes the offense. Always upon the (a) Where the
- When the doing is prohibited by a commission of the identity of a person
special law, it is considered that the crime accused of having
act is injurious to public welfare and committed a crime is
the doing of the prohibited act is the in dispute or when
crime itself. there is a doubt as to
the identity of the
assailant
(b) If the evidence is
Mala in se vs Mala Prohibita merely
circumstantial, proof
Mala in se Mala Prohibita of motive is
necessary
Wrongful from their Wrong merely How Proved: By How Proved:
nature or inherently because prohibited some overt acts of Generally,
immoral by a statute the offender established by the
testimony of the
Those so serious in Are violations of witnesses on the acts
their effects on mere rules of of the accused before
society as to call for convenience or immediately after
almost unanimous designed to secure a the commission of
condemnation of its more orderly the offense
members regulation of the
affairs of society
Intent governs Intent is immaterial Article 4. Criminal Liability. Criminal
liability shall be incurred:
Refers generally to Penalized by special
felonies defined and laws 1. By any person committing a felony
penalized by the (delito) although the wrongful act done be
RPC different from that which he intended.
Example: Theft, Example: RA 9165,
Rape, Homicide RA 9262, RA 7610 2. By any person performing an act which
would be an offense against persons or
property, were it not for the inherent
Intent vs Motive impossibility of its accomplishment or on
account of the employment of inadequate or
Intent Motive ineffectual means.
Is the purpose to use Is the moving power
a particular means which impels one to
to effect such result action for a definite
result Rationale:
An element of a Is not an element of
felony a crime, and hence, “El que es causa de la causa es causa de mal
need not be proved causado” He is the cause of the cause is tha
for purposes of cause of the evil caused

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Incurred by any person committing a was hit that caused its death. (A is not
felony committing a felony, the act being justified)

A felony is an act or omission

punishable by RPC. If the act is not
punishable by the Code, it is not a felony. Any person who creates in another’s
The felony must be one committed by mind an immediate sense of danger,
means of dolo otherwise his liability should which causes the latter to do
be determined under Article 365 of RPC. something resulting in the latter’s
When a person has not committed a felony, injuries, is liable for the resulting
he is not criminally liable for the result injuries.
which is not intended.
Illustration: During a robbery in a
passenger jeepney, one of the culprits told
the women passenger to bring out their
The causes which may produce a money otherwise they will be killed. One of
result different from which he the women jumped out with her head
intended are: strikes in the pavement that caused her

Error in Aberratio Praeter

Personae Ictus intentionem
Requisites of Paragraph 1 of Article 4:
Mistake in When the The injurious
1. That an intentional felony has been the identity offender result is
committed of the victim intending to greater than
do an injury that intended
2. That the wrong done to the aggrieved to one
party be the direct, natural and logical person
consequence of the felony committed by the actually
offender. inflicts it on
another
No felony is committed: Example: A, Example: A, Example: A,
with intent with intent without intent
a. When the act or omission is not to kill B goes to kill B to kill B,
punishable by the RPC to the house fired several struck B on
of B. shots the face which
Illustration: A, in attempting to Believing against B. causes him to
commit suicide, jumped out of the window that it was B However, fell down and
to kill himself, but when he dropped to the who was because of with his head
ground he fell on B who died as a sleeping in difficulty of hitting the
consequence. (Attempting to commit room, he aiming and pavement that
fired several lack of caused his
suicide is not punishable under RPC) shots. Upon precision it instantaneous
opening the was C, a death.
b. When the act is covered by any of the
room, it was bystander
justifying circumstances C who was that was
there injured.
Illustration: A, acting in a lawful instead of B.
self defense shot B, however it was C who death.

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 Held: When the culprit demanded
money while threatening to shoot, a felony a. There is an active force that intervened
was being committed (attempted robbery between the felony committed and the
with intimidation which is punishable under resulting injury, and the active force is a
Article 294 of RPC. If a man creates in distinct act or fact absolutely foreign from
another person’s mind an immediate sense the felonious act of the accused
of danger, which causes such person to try
to escape, and in so doing, the latter injures Illustration: Armed with a bolo, A
himself, the man who creates such a state of hit B on the forearm. B managed to escape
mind is responsible for the resulting and run towards his home, however while
injuries. on his way he was struck by a lightning that
causes his death. A’s action was not the
proximate cause of B’s death.
Wrong done must be the direct,
b. The resulting injury is due to the
natural and logical consequence of
intentional act of the victim
felonious act

- Where it clearly appears that the

injury would not have caused death, When death is presumed to be the
in the ordinary course of events, but natural consequence of physical
would have healed in so many days injuries inflicted
and where it is shown beyond all
doubt that the death was due to a. That the victim at the time the physical
malicious or careless acts of the injuries were inflicted was in normal health
offended party, the accused is not
liable for homicide. b. That death may be expected from the
- The offended party is not obliged to physical injuries inflicted
submit to a surgical operation to
relieve the accused from the natural c. That the death ensued within a reasonable
and ordinary results of his crime. time

The felony committed must be the Impossible Crime

proximate cause of the resulting
injury The commission of an impossible
crime is indicative of criminal propensity or
Proximate Cause criminal tendency on the part of the actor.
Such person is a potential criminal.
That cause, which, in natural and
continuous sequence, unbroken by any
efficient intervening cause, produces the Requisites of impossible crime:
injury, and without which the result would
not have occurred. 1. That the act performed would be an
offense against persons or property
There is no proximate cause when:

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 Examples: Parricide, Murder, Employment of ineffectual
Homicide, Robbery and Theft means illustration: A tried to kill B by
putting in his soup a substance which he
2. That the act was done with evil thought was arsenic when in fact it was
intent sugar. B could not have been killed, because
the means employed was ineffectual.
Question: A, who wanted to kill B,
looked for him. When he saw B, he found 4. That the act performed should not
out that B was already dead. To satisfy his constitute a violation of another
grudge, A stabbed B in the neck. Is this an provision of the RPC.
impossible crime?
Question: A, who knew B owned
Answer: No. A knew that B was and always carried a watch decided to rob B
already dead when he stabbed the lifeless of said watch. When A met B for that
body. There was no evil intent because he purpose, he pointed his gun against B with
knew he could not cause an injury to B. the demand of giving to him his watch, but
B forgot to carry said watch. Finding that B
3. That its accomplishment is did not have the watch, A allowed B to go. Is
inherently impossible, or that the this an impossible crime?
means employed is either inadequate
or ineffectual Answer: No. A committed an
attempted robbery not an impossible crime.
Inherent Impossibility- the act The crime of robbery with intimidation was
intended by the offender is by nature one of not produced, not because of inherent
impossible accomplishment. There must be impossibility of its accomplishment, but
either (1) physical impossibility or (2) legal because of a cause or accident other than his
impossibility. own spontaneous desistance. Note also that
A’s pointing his gun at B already constituted
Examples: (1) When one tries to at least the crime of grave threats under
kill another by putting in his soup a Article 282 of RPC.
substance which he believes to be arsenic
when in fact it is common salt (2) When one Article 5. Duty of the court in
tries to murder a corpse. connection with acts which should be
repressed but which are not covered
Employment of inadequate by the law, and in cases of excessive
means illustration: A, determined to penalties. Whenever a court has
poison B, uses a small quantity of arsenic by knowledge of any act which it may deem
mixing it with the food given to B, believing proper to repress and which is not
that the quantity employed by him is punishable by law, it shall render the
sufficient. But since in fact it is not decision and shall report to the Chief of
sufficient, B was not killed. But where the Executive, through the Department of
means employed is adequate and the result Justice, the reasons which induce the court
expected is not produced, it is not an to believe that said act should be made the
impossible crime, but a frustrated felony. subject of penal legislation.

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 In the same way the court shall Such as mere ideas in the mind of a
submit to the Chief of Executive, through person, are not punishable. Intention and
the Department of Justice, such statement effect must concur
as may be deemed proper, without
suspending the execution of the sentence, 2. External Acts
when a strict enforcement of the provisions
of this Code would result in the imposition It covers: (a.) Preparatory acts and
of a clearly excessive penalty, taking into (b) Acts of execution (punishable)
consideration the degree of malice and the
injury caused by the offense.
Attempted Felony
Basis: Nullum crimen, nulla poena sine
lege (There is no crime if there is no law that Elements of attempted felony:
punishes the act)
1. That the offender commences the
commission of the felony directly by overt
Article 6. Consummated, frustrated, acts
and attempted felonies. Consummated
felonies, as well as those which are There must be: (a) external acts (b)
frustrated and attempted, are punishable. such external acts have direct connection
with the crime intended to be committed.
A felony is consummated when all
the elements necessary for its execution and Illustration: If A bought poison
accomplishment are present; and it is from a drugstore, in preparation for the
frustrated when the offender performs all killing of B, such act is only preparatory and
the acts of execution which would produce not an overt act because it has no direct
the felony as a consequence but which, connection with the crime of murder A
nevertheless, do not produce it by reason of intended to commit.
causes independent of the will of the
perpetrator. Question: A was surprised by a
policeman while in the act of making an
There is an attempt when the opening with an iron bar on the store of
offender commences the commission of a cheap goods. A had only succeeded in
felony directly by overt acts, and does not breaking one board and in unfastening
perform all the acts of execution which another from the wall. Is there an attempted
should produce the felony by reason of some robbery?
cause or accident other than his own
spontaneous desistance. Answer: No. Because while it is
true that the 1st requisite is present, that is
Stages of Development of Crime there were external acts to make an opening
through which A could enter the store, yet
1. Internal Acts the 2nd requisite is not present, for such acts
had no direct connection with the crime of
robbery by use of force upon things. It must
be clearly shown that the offender clearly

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intended to take possession for purpose of
gain. The crime committed is attempted
trespass to dwelling.

2. He does not perform all the acts of

execution which should produce the felony

If anything yet remained for him to

do, he would be guilty of an attempted
crime.

3. The offender’s act is not stopped by his

own spontaneous desistance.

The desistance should be made

before all the acts of execution are
performed.

Example: A stole the chicken of B,

realizing it was illegal, A returned the
chicken in the place where he stole it. It is
already consummated.

Reason: It is a sort of reward

granted by law to those who, having one
foot on the verge of crime, heed the call of
their conscience and return to the path of
righteousness.

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