Title 1 - Chapter 1
Title 1 - Chapter 1
Title 1 - Chapter 1
LAW 1 REVIEWER
CHAPTER 1: FELONIES
Article 3. Definitions
Acts and omissions punishable by law are felonies.
Felonies are committed not only by means of deceit (dolo) but also by
means of fault (culpa).
There is deceit when the act is performed with deliberate intent and
there is fault when the act results from imprudence, negligence, lack
of foresight, or lack of skill.
POINTS
I. Elements of Felonies
1. There must be an act or omission.
2. Said act or omission must be punishable by Revised Penal Code.
3. Said act or omission must be performed by means of deceit or
fault.
II. FIRST REQUISITE: There Must Be An Act Or Omission
A. Important Words And Phrases
Act
o Any bodily movement tending to produce some effect
in the external world.
No need for it to actually be produced.
Possibility of its production suffices.
o Must be defined as a felony in the Revised Penal Code
At least an overt act an act which has direct
connection with the felony to be committed.
Omission
o Failure to perform a positive duty that one is bound to
do
There must be a law requiring the doing or
performance of an act
o Examples
Article 275, par. 1 Abandonment of persons
in danger.
Article 213, par. 2[b] Failure to issue
receipts
Article 116 Misprision of Treason.
B. Are Internal Acts Covered By The Revised Penal Code?
No because they are beyond the sphere of penal law. Thinking
of committing a felony does not constitute a felony unless you
act on it.
Thus, only external act is punished.
III. SECOND REQUISITE: Said Act Or Omission Must Be Punishable By
Revised Penal Code
Punishable by law
o Nullum crimen, nulla poena sine lege
There is no crime when there is no law
punishing it
Case: People v. Silvestre and Atienza
o Atienza threatens to burn down a house; Silvestre is
standing right beside him.
o Silvestre does nothing as Atienza commits the crime.
o Court ruled that Silvestre is not criminally liable
because mere passive presence at the scene of
anothers crime, mere silence, and a failure to give the
alarm, without evidence of agreement or conspiracy is
not punishable
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o
o
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B. Both Intentional And Culpable Felonies Are Voluntary
Reasons
o Man has free will.
o Man is a rational being who can distinguish between
good and evil.
o Intentional felonies were intended while culpable
felonies resulted from acts, which were voluntary but
not intended as felonies.
Acts cease to be voluntary when there is compulsion or
prevention by force or intimidation
V. Intent
Intent is a mental state manifested through the overt acts of
people.
o A person who causes an injury by mere accident does
not have intent therefore is not criminally liable.
When the acts naturally produce a definite result, courts are
slow in concluding that some other result was intended
o People v. Sia Teh Ban
Respondent stole a watch therefore showing
intent to gain.
Criminal intent and the will to commit a crime
are always presumed to exist on the part of the
person who executes an act which the law
punishes, unless the contrary shall appear
Lack of intent to kill the deceased because offender meant to
kill another person does not clear the offender of criminal
liability.
Lack of intent may be inferred from the facts of the case.
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VII. Crimes Punishable By Special Laws
A. General Points
Includes crimes punishable by municipal or city ordinances.
Dolo is not required.
o It is enough that the prohibited act is done freely and
consciously.
o The act alone, irrespective of its motives, constitutes
the offense.
People v. Bayona
Unwittingly but voluntarily brought a
gun into a polling place
Convicted because no matter what his
intentions were, the act prohibited by
the special laws was committed
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B. Reasons Why Criminal Intent Is Not Necessary In Crimes Made By
Statutory Enactment
The act in itself, without the intervention of any other fact, is
the evil.
o Example: Law Prohibiting display of revolutionary flags
The evil to society and to the government does
not depend upon the state of mind of the one
who displays the banner, but upon the effect
which that display has upon the public mind.
The public is not affected by the intention of
the offender but by the act itself.
When the doing of an act is prohibited by a special law, it is
considered that the act is injurious to public welfare and the
doing of the prohibited act is the crime itself.
C. Good Faith And Absence Of Criminal Intent Are Not Valid Defenses
In Crimes Punished By Special Laws
Since the offense is malam prohibitum, the performance of the
act itself will constitute the offense.
Exceptions:
o People v. Landicho If it is done in order to comply
with government policies.
When there is a law prohibiting the carrying of
loose firearms in relation to a man who was
authorized to buy and collect guns to be sold to
the authorities later on, that individual is not
criminally liable.
This is not the same if the man held on to the
firearms for a undue length of time when he
VIII. Mala In Se And Mala Prohibita Distinguished
General rule: Acts in mala in se, there must be a criminal
intent; but those in mala prohibita it is sufficient if the
prohibited act was intentionally done.
A. Mala In Se
Wrongful from its nature.
Crimes mala in se are those so serious in their effects on society
as to call for almost unanimous condemnation from its
members.
Punishable by Revised Penal Code.
B. Mala Prohibita
Wrongful because it is prohibited by a statute.
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C. When The Acts Are Inherently Immoral, They Are Mala In Se Even If
Punished Under Special Law
People v. Sunico et al.
o Voters names were omitted from the list.
o The act was mala in se because the omission and failure
to include a voters name in the registry list of voters is
not only wrong because it is prohibited, it is wrong per
se because it disenfranchises a voter and violates one
of his fundamental rights.
o For such an act to be punished, it must be shown that
said act was committed with malice.
IX. Motive
A. Intent Distinguished From Motive
Motive The moving power which impels one to action for a
definite result.
Intent The purpose to use a particular means to effect such
result.
B. Motive: When Relevant And When Not Need To Be Established
Not an essential element of a crime; need not be proven for
purposes of a conviction.
o Even a strong motive cannot take the place of proof
beyond reasonable doubt.
Good motives do not prevent an act from becoming a crime
o Example: Mercy Killing
Relevance:
o When the identity of the perpetrator is being disputed,
the motive is very relevant (People v. Murray).
o
o
C. How Motive Is Proved
Established by the testimony of witnesses on the acts or
statements of the accused before or immediately after the
commission of the offense.
Establishment through the evidence presented.
Lack of motive may be aid in showing innocence.
Proof of motive alone is not sufficient to support a conviction.
It cannot take the place of proof beyond reasonable doubt,
sufficient to overthrow presumption of innocence.
Article 4. Criminal liability
Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the
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V. When A Person Has Not Committed A Felony, He Is Not Criminally
Liable For The Result Which Is Not Intended
US v. Villanueva
o Accused, out of curiosity, snatched a bolo carried by
the victim in his belt. The victim was subsequently
injured.
o Accused is not criminally liable because there is no
provision punishing the act of snatching the property of
another just to satisfy curiosity.
People v. Bindoy
o Accused, carrying a bolo in one hand, got into a heated
altercation with Pacas wife. Pacas attempted to take
away the bolo from the accused and during the scuffle,
an innocent bystander was injured.
PAR. 1: BY ANY PERSON COMMITTING A FELONY (DELITO),
ALTHOUGH THE WRONGFUL ACT DONE BE DIFFERENT FROM THAT
WHICH HE INTENDED
I. Requisites Of Article 4 Paragraph 1
In order that a person may be held criminally liable for a felony
different from that which he intended to commit:
1. Intentional felony was committed
2. The wrong done to the aggrieved party be the direct, natural,
and logical consequence of the felony committed by the
offender
II. FIRST REQUISITE: Intentional Felony Was Committed
A. No Felony Is Committed When:
The act or omission is not punishable under Revised Penal
Code.
o Suicide is not punishable under the Revised Penal Code
(Article 253) If A jumps off the building and lands on
B, he is not criminally liable for intentional homicide.
The act is covered by any of the justifying circumstances in
Article 11
o Self defense, fulfillment of duty, etc.
o These acts must still be exercised with due care
otherwise the accused will be liable for culpable felony.
o Example: People v. Salinas
Accused, along with B, go to the house of C and
D. Accused enters the house, B stays outside. B
challenges C to a fight and accused holds on to
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B. Any Person Who Creates In Anothers Mind An Immediate Sense Of
Danger, Which Causes The Latter To Do Something Resulting In The
Latters Injuries, Is Liable For The Resulting Injuries
People v. Toling
o Accused proceeds to commit robbery aboard a
jeepney. Accused threatens the passengers and
subsequently, B jumps out of the jeepney in order to
escape. B ends up hitting her head on the pavement
and eventually dies.
o It was held that accused is guilty for the death of B
because he created an immediate sense of danger that
prompted B to try and escape.
o Similarly, if a person believing himself to be in danger
of death or great bodily harm jumps into the water and
drowns, the person who caused him to believe he was
in danger is criminally liable for his death
III. SECOND REQUISITE: Wrong Done Must Be The Direct, Natural, And
Logical Consequence Of A Felonious Act (Proximate Cause).
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Cases
o People v. Quianson
A injures B. While taking medical treatment, B
removes the drainage from his wound in order
to alleviate immense pain. This results in the
development of an infection which eventually
leads to the death of B.
A contends that he was not involved in the
taking out of the drainage which eventually led
to the infection and subsequent death.
Court rules that A is criminally liable for the
death of B because his removal of the drainage
was due to the immense pain he felt from the
wounds inflicted by A.
o US v. Marasigan
Accused strikes at B with a knife. In an attempt
to ward off the blow, the finger of B was
severed.
Claims of the accused that B can get surgery in
order to restore his finger is not a valid defense
because B is not obliged to receive surgical
treatment in order to relieve accused of his
liability.
o People v. Reloj
Accused stabs B with an ice pick. B undergoes a
successful surgical operation but days later he
dies because of a condition that takes place as
A. Proximate Cause
The felony committed must be the proximate cause of the resulting
injury
Proximate cause is that cause which, in natural and
continuous sequence, unbroken by any efficient intervening
cause, produces the injury, and without which the result would
not have occurred.
o Natural refers to an occurrence in the ordinary course
of human life or events.
o Logical means that there is a rational connection
between the act of the accused and the resulting injury
or damage.
Proximate legal cause
o That acting first and producing the injury, either
immediately, or by setting other events in motion, all
constituting a natural and continuous chain of events,
each having a close causal connection with its
immediate predecessor.
o There must be a relation of cause and effect, the
cause being the felonious act of the offended, the
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B. How To Determine The Proximate Cause
Vda. de Bataclan, et al. v. Medina
o Passenger bus travelling in the province at 2 in the
morning turns over, trapping 4 passengers. Gasoline
begins to leak and spread all over the bus. Men with
torches come to help out the trapped passengers but
the fire from their torches (keep in mind the gasoline
that spread all around the bus) causes the bus to
become engulfed in flames.
o It was ruled that the proximate cause was not the fire
from the torches but instead the turning over of the
bus. The arrival of men carrying torches in the middle
of the night to help the trapped passengers was a
natural consequence seeing as how it was dark and
they were in the province.
o Furthermore, there is negligence on the part of the
agents of the carrier since they would have realized
C. Intervening Causes
The following are not efficient intervening causes
People v. Illustre & People v. Reyes The weak or diseased
physical condition of the victim, as when one is suffering from
tuberculosis or heart disease.
People v. Almonte & People v. Quianson Nervous
temperament, as when a person dies in consequence of an
internal hemorrhage because he was moving around against
doctors orders because of his nervous temperament due to the
wound inflicted by the accused.
People v. Buhay, US v. Valdez Causes inherent to the victim
o Victim does not know how to swim
o Victim is an alcoholic
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D. Natural Consequence
When death is presumed to be the natural consequence of physical
injuries inflicted
1. The victim was in normal health when the injury was inflicted.
2. Death may be expected from the physical injuries inflicted.
3. Death ensued within a reasonable time.
Case: People v. Tammang
o Boy was in good health the morning of the incident.
Teacher assaults boy and boy complains about
experiencing oppressive pain to his mother later on.
Boy vomits blood until he dies 3 days later.
o Teachers liability for homicide necessarily follows from
the premises stated.
o Had it been proven that the boy died from
hypochondria and not the injuries inflicted by the
teacher, accused would have been acquitted on the
charge of homicide.
Not direct, natural, and logical consequence of the felony committed.
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IV. Purpose Of The Law In Punishing The Impossible Crime
To suppress criminal propensity or criminal tendencies
Article 5. Duty of the court in connection with acts which should be
repressed but which are not covered by the law, and in cases of
excessive penalties.
Whenever a court has knowledge of any act which it may deem
proper to repress and which is not punishable by law, it shall render
the proper decision and shall report to the Chief Executive, through
the Department of Justice, the reasons which induce the court to
believe that said act should be the subject of legislation.
In the same light, the court shall submit to the Chief Executive,
through the Department of Justice, such statements as may be
deemed proper, without suspending the execution of the sentence,
when a strict enforcement of the provisions of this Code would result
in the imposition of a clearly excessive penalty, taking into
consideration the degree of malice and the injury caused by the
offense.
POINTS
I. First Paragraph Pertains To Acts Which Should Be Repressed But
Which Are Not Punishable By Law.
Basis of Paragraph 1: Nulllum crimen, nulla poena sine lege
o There is no crime if there is no law that punishes the
act (no matter how bad that act may be).
Trial of a criminal case requires the following:
1. The act committed by the accused appears not
punishable by any law.
2. The court deems it proper to repress such act.
3. In that case, the court must render the proper decision
by dismissing the case and acquitting the accused.
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B. Penalties Are Not Excessive When Intended To Enforce A Public
Policy
People v. Estoista
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III. Duty Of The Courts To Apply The Law
A. Courts Have The Duty To Apply The Penalty Provided By Law
It is the duty of judicial officers to respect and apply the law,
regardless of their private opinions.
o Courts are not concerned with the wisdom, efficacy, or
morality of laws. Such questions fall exclusively within
the legislative that makes the law and the executive
who approves or vetoes it.
o Example
Judge sentences accused to life imprisonment
when the law clearly states that the
punishment should be death.
In this situation, the judge did not fulfill
his duty
B. Judge Has The Duty To Apply The Law As Interpreted By The
Supreme Court
Judge must first think that it is his duty to apply the law as
interpreted by the Highest Court of the land, and that any
deviation from a principle laid down by the latter would
unavoidable cause, as a sequel, unnecessary inconveniences,
delays and expenses to the litigants
Judge is free to state his opinion on the matter if his views
contrast with those of the SC but he must still follow the
interpretation of the SC
C. Courts Are Not The Forum To Plead For Sympathy
Dura lex sed lex
o The law is hard but it is the law
III. Strict Enforcement Of The Provisions Of This Code
Article 5 may not be invoked for cases of mala prohibita
because it is expressly worded that Article 5 only applies to
strict enforcement of the provisions of the Revised Penal Code
Article 6. Consummated, frustrated, and attempted felonies.
Consummated felonies as well as those which are frustrated and
attempted are punishable.
A felony is consummated when all the elements necessary for its
execution and accomplishment are present; and it is frustrated when
the offender performs all the acts of execution which would produce
the felony as a consequence but, which, nevertheless do not produce
it by reason of causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of
a felony, directly through overt acts, and does not perform all the acts
of execution which would produce the felony by reason of some cause
or accident other than his own spontaneous desistance.
POINTS
I. Development Of Crime
From the moment the culprit conceives the idea of committing
a crime up to the realization of the same, his act passes through
certain stages.
A. Stages:
1. Internal acts
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II. STAGE 1: Attempted Felony
A. Elements Of Attempted Felony
1. Commencement of the commission of the felony directly by
overt acts.
2. Offender does not perform all acts of execution which should
produce the felony.
3. The offenders act is not stopped by his own spontaneous
desistance.
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Subjective phase of the offense
In an attempted felony, the offender never gets past the
subjective phase.
Definition
o That portion of the acts constituting the crime, starting
from the point where the offender begins the
commission of the crime to that point where he still has
control over his acts, including their natural cause.
As long as he does not commit the last act of
execution, offender is still in the subjective
phase
Example: A tries to poison B with poisoned soup.
o Subjective phase ends as soon as the B swallows the
soup.
III. Overt Acts
Some physical activity or deed indicating the intention to
commit a particular crime, more than a mere planning or
preparation, which if carried to its complete termination
following its natural course, without being frustrated by
external obstacles, nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen into a concrete
offense.
A. Distinguishing Between Preparatory Acts And Overt Acts
Act of buying poison
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IV. Indeterminable offense
It is one when the purpose of the offender in performing an act
is not certain. Its nature in relation to its objective is
ambiguous.
A. The Intention Of The Accused Must Be Viewed From The Nature Of
The Acts Executed By Him, And Not From His Admission
The intention of the accused must be ascertained from the
facts
o It is necessary that the mind be able to directly infer
from the facts the intention of the perpetrator to cause
a particular injury.
People v. Lamahang
o Acts susceptible of double interpretation, that is, in
favor as well as against the accused, and which show an
innocent as well as a punishable act, must not and
cannot furnish grounds by themselves for attempted
crime.
o Acts must be shown to be directly aimed at the
execution of the crime, and therefore they must have
an immediate and necessary relation to the offense.
V. STAGE 2: Frustrated Felony
A. Elements Of Frustrated Felony
1. Offender commits all acts of execution.
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E. Distinguishing Attempted Or Frustrated Felony From Impossible
Crime
In attempted or frustrated felony, the crime could have been
accomplished in impossible crime, the crime can never be
accomplished.
Attempted or frustrated felony are thwarted by external
reasons impossible crime is thwarted by internal reasons
such as the inherent impossibility of the crime or the
employment of inadequate or ineffectual means by the
offender.
VI. STAGE 3: Consummated Felony
A. Important Words And Phrases For Consummated Felony
All the elements necessary for its execution and
accomplishment are present.
o Every crime has its own elements which must all be
present to constitute a culpable violation of a precept
of law.
B. What Happens When Not All The Elements Of A Felony Are Proved?
Felony is not shown to have been consummated.
Felony is not shown to have been committed.
Another felony is shown to have been committed.
Examples
o Homicide not consummated without death.
o Theft not consummated if no intent to gain.
o Estafa not consummated if there is no deceit or
abuse of confidence proven.
Can instead be found guilty of attempted or
frustrated estafa.
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VII. How To Determine Between Attempted, Frustrated, And
Consummated
A. Nature Of Crime
Arson
o Attempted poured gasoline around the house but
got caught before he could strike a match.
o Frustrated poured gasoline around the house and lit
the fire but the house did not burn
o Consummated poured gasoline around the house
and lit the fire. The house is burning.
B. Elements Constituting The Felony
Theft
o Consummated when thief is able to get hold of object
even if he is not able to carry it away
US v. Adiao
A steals a belt and keeps it in his desk.
Belt is found in his desk shortly after.
Court ruled that the theft had been
consummated because A was already
in possession of the belt.
People v. Espiritu
Accused steal linen curtains and put
these items in the back of their truck.
Accused gets caught when they try to
pass a checkpoint.
Estafa
o The crime is consummated when the offended party is
actually damaged or prejudiced.
US v. Dominguez
A receives money from a sale which he
should give to the cashier. A puts the
money in his pocket with intent to
misappropriate the amount.
Court ruled that this is frustrated estafa
because estafa can only be
consummated when the offended
party has been damaged or prejudiced.
C. Manner Of Committing Crime
1. Formal crimes Consummated in one instant; no attempt.
o There are crimes like slander and false testimony that
are consummated by a single act. It is either
consummated or not.
2. Crimes Consummated By Mere Attempt
o Flight to enemys country a mere attempt is a
consummated felony.
o Corruption of minors a mere proposal to satisfy the
lust of another will consummate the offense.
3. Felony By Omission
o There is no attempted stage because in this kind of
felony, the offender does not execute acts.
4. Crimes Requiring The Two Or More Persons Is Consummated
By Mere Agreement
o Corruption of a public officer consummated if
agreement is reached; attempted if offer is rejected.
o Cases
People v. Diego Quin
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Attempted
People v. Ramolete
o A shoots B but misses all the
vital organs.
o A is liable for attempted
homicide because all the acts
of execution were not done
(you have to mortally wound
your target in order to
complete all the acts of
execution).
Murder
Frustrated
People v. Mision
o A stabs B and C. B dies, C lives.
o A is liable for frustrated murder
in relation to C.
Frustrated theft
The Espiritu and Dino cases
o Both were claimed to be cases of frustrated theft
because they were unable to dispose freely of the
articles stolen
People v. Espiritu
Accused stole a truck in a compound
surrounded by a tall fence. Accused
was caught before he left compound
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IX. There Is No Attempted Or Frustrated Impossible Crime
In impossible crime, all the acts of execution were committed
therefore an attempt is impossible.
There is no frustrated impossible crime because the acts
performed by the offender are considered as constituting a
consummated crime.
The act was completely carried out, the result was just
inherently impossible.
Article 7. When light felonies are punishable
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o
o
Article 8. Conspiracy and proposal to commit felony
Conspiracy and proposal to commit felony are punishable only in the
cases in which the law specially provides a penalty therefore.
A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it
There is proposal when the person who has decide to commit a felony
proposes its execution to some other person or persons
POINTS
I. Important Words And Phrases
Conspiracy and proposal to commit felony
o Two different things: (1) conspiracy & (2) felony
Only in the cases in which the law specially provides a penalty
therefore
o There must be a specific provision in the Revised Penal
Code punishing a specific instance of conspiracy or
proposal.
Treason (Article 115)
Rebellion (Article 136)
Sedition (Article 141)
II. Reason For The Rule
Conspiracy and proposal to commit a crime are only
preparatory acts, and the law regards them as innocent or at
least permissible except in rare and exceptional cases.
As long as the conspirators do not perform overt acts in
furtherance of their malevolent designs, the sovereignty of the
state is not outraged and the tranquility of the public remains
undisturbed.
III. When A Felony Is Committed, The Existence Of A Conspiracy
Assumes Pivotal Importance In Determining Who Is Criminally Liable.
IV. Treason, Rebellion, Coup Detat, Insurrection, Sedition Must
Actually Not Be Committed
If they are committed, the charge is no longer proposal to or
conspiracy to commit but rather the act itself.
o Ex:
If A commits treason, he is guilty of treason and
not conspiracy or proposal to commit treason
because the act of treason has already been
committed.
A cannot be charged with treason and
conspiracy to commit treason at the same
time.
Though it must be said that the establishment of a conspiracy
could be used to see who else is criminally liable.
V. Conspiracy
A. Examples Of Conspiracy As A Felony And Conspiracy As A Manner
Of Incurring Criminal Liability
A and B decide to rise publicly and take arms against the
government with the help of their followers.
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B. Article 186 Of The Revised Penal Code Punishing Conspiracy
Monopolies and combinations in restraint of trade.
o Penalty is prision correccional in its minimum period or
a fine ranging from 200 to 6,000 pesos, or both.
Any person who shall enter into any contract or
agreement or shall take part in any conspiracy
or combination in the form of a trust or
otherwise, in restraint of trade or commerce or
to prevent by artificial means free competition
in the market.
Any person who, being a manufacturer,
producer, shall combine, conspire or agree with
any person for the purpose of making
transactions prejudicial to lawful commerce, or
of increasing the market price of any such
merchandise.
C. Requisites Of Conspiracy
1. Two or more persons came to an agreement
D. Direct Proof Is Not Essential To Establish Conspiracy
Existence of conspiracy can be inferred from the collective acts
of the accused before, during, and after the commission of the
crime
o Not necessary to show that all conspirators actually hit
and killed the victim
E. Indications Of Conspiracy
When the defendants by their acts aimed at the same object,
one performing one part and the other performing the other so
as to complete it, with a view to the attainment of the same
object, and their acts, though independent, were in fact
concerted and cooperative, indicating closeness of personal
association, concerted action and concurrence of sentiments,
the court will be justified in concluding that said defendants
were engaged in a conspiracy.
o At the time of the aggression, all of them acted in
concert, each doing his part to fulfill their common
design to kill the victim, and although only one of them
may have actually stabbed the victim, the act of that
one is deemed to be the act of all.
Acts of the defendants must show a common design.
o Neither joint nor simultaneous action is per se
sufficient proof of conspiracy.
o Obedience to command does not necessarily show
concert of design, for at any rate it is the acts of the
conspirators that show their common design.
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F. Quantum Of Proof Required To Establish Conspiracy
Elements of conspiracy must be proven beyond reasonable
doubt.
o Evidence of actual cooperation rather than mere
cognizance or approval of an illegal act is required.
A conspiracy must be established by positive and conclusive
evidence.
o Conspiracy must be shown to exist as clearly and
convincingly as the commission of crime itself.
o Mere presence of a person at the scene of the crime
does not make him a conspirator for conspiracy
transcends companionship.
o People v. Comadre
Mere act of running away with the accused
does not automatically lead to a conspiracy
VI. Proposal
A. The Rpc Specially Provides A Penalty For Mere Proposal In Article
115 And 136
Article 115
o Proposal to commit treason prison correctional and
a fine not exceeding 5,000 pesos
Article 136
o Proposal to commit coup detat prision mayor in its
minimum period and a find not exceeding 8,000 pesos
o Proposal to commit rebellion or insurrection prision
correctional in its medium period and a fine not
exceeding 2,000 pesos
The felony must actually not be committed or else it would not count
as a mere proposal.
B. Requisites Of A Proposal
1. Person has decided to commit a felony.
2. Person proposes the execution of that felony to others.
C. Situations When There Is No Criminal Proposal
Person who proposes the felony is not determined to commit
the felony.
o A wants to overthrow the government but is afraid to
do it. A suggests the overthrow of the government to
desperate people who would do it with the slightest
provocation. A is not liable for proposal to commit
rebellion because A has not decided to commit it.
There is no decided, concrete, and formal proposal.
o A mere suggestion to commit rebellion does not count
as a formal proposal.
It is not the execution of a felony that is proposed.
o A wants to overthrow the government. A goes around
the country with his pals to convince people of the
need to have a new government.
Going around the country trying to convince
people of the need for a new government is
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D. What If The Proponents Of The Rebellion Desist Before Rebellion Is
Committed?
Once a proposal to commit rebellion is made by the proponent
to another person, the crime of proposal to commit rebellion is
consummated and the desistance of the proponent cannot
legally exempt him from criminal liability
Similarly, the law does not require that the proposal be
accepted by whoever it was proposed to.
o If it is accepted, it would become conspiracy and not
proposal because there was agreement
E. Proposal As An Overt Act
One who offers money to a public officer but is rejected is liable
for attempted bribery
VII. Reasons Why Proposal And Conspiracy Are Punished
The crimes in which conspiracy and proposal are punishable are
crimes against the security of the state or economic security.
o Treason against external security.
o Coup detat, rebellion, sedition against internal
security,
o Monopolies and combinations in restraint of trade
against economic security,
If the perpetrator succeeds in these crimes against the external
and internal security of the state, they would obtain power and
therefore impunity for their crimes.
o If A overthrows the government successfully, A will
likely not be punished for rebellion.
Article 9. Grave felonies, less grave felonies, and light felonies
Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive, in
accordance with article 25 of this code.
Less grave felonies are those which the law punishes with penalties
which in their maximum period are correctional, in accordance with
the above mentioned article.
Light felonies are those infractions of the law for the commission of
which the penalty of arresto menor or a fine not exceeding 200 pesos,
or both, is provided.
POINTS
I. Important Words And Phrases
Capital punishment
o Death penalty
Penalties which in any of their periods are afflictive
o When the penalty prescribed includes an afflictive
penalty.
A felony punishable by prision correccional to
prision mayor is a grave felony because prision
mayor is afflictive.
o If the penalty prescribed is composed of two or more
periods corresponding to different divisible penalties,
the higher or maximum period must be that of an
afflictive penalty.
A felony punishable by prision correccional (in
its maximum period) to prision mayor (in its
minimum period) is a grave felony because the
minimum period of prision mayor is considered
afflictive.
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Article 10. Offenses not subject to the provisions of this Code.
Offenses, which are or in the future may be punishable under special
laws are not subject to the provisions of this code. This code shall be
supplementary to such laws, unless the latter should specially provide
the contrary.
POINTS
I. Meaning Of Article 10
Composed of 2 clauses
o First clause provides that the offenses under special
laws are not subject to the provisions of this code.
Special penal laws prevail over general ones.
o Second clause makes the Revised Penal Code
supplementary to the special laws unless the special
laws say otherwise.
II. Important Words And Phrases
Special laws
o A penal law which punishes acts not punished in the
Revised Penal Code.
Enacted by the legislative
Not a law which amends the Revised Penal
Code
Usually follows the form of American penal law
Supplementary
o The Revised Penal Code supplies what is lacking in the
special laws unless the latter provides for the contrary
Examples
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III. Provisions Of The Revised Penal Code On Penalties Cannot Be
Applied To Offenses Punishable Under Special Laws
Special laws do not provide a scale of penalties where a given
penalty can be lowered by one or two degrees.
o Example:
Mitigating circumstances and aggravating
circumstances cannot affect the penalties in
the special laws unless expressly provided by
said special law.
People v. Noble
Even when accused pleaded guilty,
Article 13 of the Revised Penal Code on
mitigating circumstances did not
automatically take effect .
Special laws use the term imprisonment rather than the
other terms ascribed to the penalties found in the Revised
Penal Code.
Hence, the penalty for illegal possession of firearms under the
special laws is imprisonment and not prision correccional
because the latter is peculiar to offenses punished in the
Revised Penal Code.
IV. If The Special Laws Adopt The Penalties Found In The Revised
Penal Code, The Rules For Graduating Penalties By Degrees Can Be
Applied
V. Article 6 Of The Revised Penal Code (Attempted, Frustrated,
Consummated) Cannot Be Applied To Offenses Punished By Special
Laws
Special laws are mala prohibita which means you either commit
them or you dont.
Examples
o Special law prohibiting interest in municipal contracts
by councilors.
US v. Basa
Acquitted because a mere attempt is
not punishable by the special law.
o Remember that under the
Revised Penal Code Article 6,
attempts are punishable.
Navarra v. People
Convicted because the deal was
approved by the municipal board thus
the offense was committed.
VI. Special Law Has To Fix Penalties For Attempted And Frustrated
Crime Before They Can Be Punished
Nullum crimen, nulla poena sine legit.
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The special law does not provide for a penalty one or two
degrees lower than that provided for that consummated stage.
If the special law covers the mere attempt to commit the crime
defined by it, then the mere attempt is punishable.
o Law prohibiting the any attempt to export gold.
Had this act been consummated, the exporter
would already have been outside our
jurisdiction thus he is able to get away with the
offense.
VII. Article 10 Is Not Applicable To Punish An Accomplice Under The
Special Law
Unless expressly provided, the penalty imposed is clearly
intended only for the one committing the offense.
o People v. Padaong (dissenting opinion)
If the special law does not prescribe a penalty
for accomplices, it would be a legal
impossibility to determine what their penalty
would be.
VIII. Revised Penal Code Supplementary To Special Laws
People v. Moreno
o Accused was convicted of homicide through reckless
imprudence and violation the Motor Vehicle Law.
Motor Vehicle Law is silent about indemnity to
heirs of the deceased (art. 100) and subsidiary
imprisonment in case of insolvency (art. 39).
Court rules that Article 39 and Article 100 can
be applied as supplementary to the Motor
Vehicle Law.
People v. Lardizabal
o Article 39 of the Revised Penal Code was applied if and
when the person convicted could not pay the offended
party the indemnity that was awarded to the latter.
IX. Example Of Article 12 Par. 3 Of The Revised Penal Code Being
Applied In A Special Law
People v. Navarro
o 13 year old girl sells cocoa for 11 cents more than the
price fixed by government
Article 12 par. 3 was used as a basis
Prosecution failed to show that the
accused acted with discernment
o Accused could not have been
able to act with intelligence
because of her age
o For crimes that are mala
prohibita, offense must be
done voluntarily
o Accused could not have been
able to act voluntarily because
of lack of intelligence
X. Suppletory Application Of The Revised Penal Code
Only applies if the provisions of the special law is silent on the
matter
o Subsidiary Penalty (Article 39) imprisonment if
cannot pay fine.
o Civil Liability (Article 100) every person criminally
liable for a felony is also civilly liable.
o Rules on service of sentence (Article 70).
o Definitions on Principals, Accomplices, Accessories
(Article 17-19) was used when the special laws cited
but did not on their own provide a definition for
principals, accomplices, and accessories.
o Principle of conspiracy (Article 8) was used when the
special laws cited but did not on their own provide a
definition for conspiracy.
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Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
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