CHARACTERISTICS OF CRIMINAL LAW

Generality Territoriality Prospectivity

=C.L. applies to all person who live or sojourn in the Phils. = C.L. is enforceable within the Philippine Archipelago. C.L. cannot be applied to those act
EXCEPTION: EXCEPTION: EXTRA-TERRIOTORIAL JURISDICTION ( Art 2, committed prior to the effectivity of the
1. Public International Law RPC) law.
(Sovereign, head of states, ambassador, ministers, attaché). 1. Phil. Ship or Air Ship (high seas) EXCEPTION: (1) Art 22. Retroactive Effect,
2. Law on Preferential Application (Congressman and Senators enjoy 2. Forgery unless the person is Habitual Delinquent.;
Parliamentary Immunity; R.A. 75) 3. Public official in relation to their public function and (2) when expressly provided in the
3. Treaty Stipulation (U.S. – RP base agreement or military exercises. 4. Crimes against National Security and Law of Nation new law.

THEORIES OF CRIMINAL LAW

Classical Theory Positivist Theory Eclectic or Mixed Theory
= the basis of criminal liability is human free will and the purpose  = basis of criminal liability is the sum of the social, natural = combination of positivist and
of the penalty is retribution. and economic phenomena to which the actor is exposed classical thinking wherein crimes that
= endeavored to establish a mechanical and direct proportion wherein prevention and correction are the purposes of are economic and social in nature
between crime and penalty, and there is scant regard to the penalty. should be dealt in a positive manner,
human element.  ---This theory is exemplified in the provisions regarding thus, the law is more compassionate.
= RPC is generally governed by this theory. impossible crimes and habitual delinquency.

Criminal Law RPC Special Penal Law Ordinance CRIMINAL LIABILITY (WHO MAY INCUR?)
Crime Felony Offense Infraction
CLASSES OF FELONY A. Any person committing a felony by B. Impossible Crime
Mistakes
INTENTIONAL FELONY UNINTENTIONAL OR 1. Error in Personae (Mistake in Identity) 1. Person performs an act which would
(Dolo or Deceit) CULPABLE FELONY (Fault or Ex. A shot B thinking that B was C. be an offense against person or
Culpa) property.
1. Intelligence (discernment) = capacity to know and 1. Intelligence 2. Abberatio Ictus (Mistake in the Blow) 2. The crime is either legally or physically
understand the consequence of one’s act Ex. A shot B hitting C impossible of accomplishment due to
inadequate or ineffectual means.
2. Freedom = voluntariness on the part of the person 2. Freedom 3. Preater Intentionem (The result be greater Penalty: Art 59. Arresto mayor and/or
to commit the act or omission.. than the intention) fine of 200 to 500 pesos.
3. Intent = (mens rea or criminal intent) the purpose 3. Negligence/ Imprudence Ex. A box B, B fell on the ground and died due
is to use a particular means to effect such result (lack of foresight/lack of skills to internal Haemorrhage.
 Attempted Frustrated Consummated
The offender commences the commission of the felony directly by overt acts; The offender performs all the acts of execution when all the elements
He does not perform all the acts of execution which should produce the All the acts performed would produce the felony as a necessary for its
felony; consequence. execution and
The non-performance of all acts of execution was due to a cause or accident But the felony is not produced. accomplishment are
other than the offender’s own spontaneous desistance. By reason of causes independent of the will of the perpetrator. present.

Art . 9 Art 25. Degree of Penalty Art. 27 Duration of Art 90. Prescription Art 92. Art 39. Subsidiary Penalty Art 125.
Classes of Classes of Penalty Penalty of Crime Pres. Of 1 day/ P8 pesos (when no
Felony Penalty property to meet the fine)
Grave Capital Punishment Death (abolished by R.A. 9346) . 36 hrs
Felony Afflictive Penalty Rec. Perpetua 20 yrs/1 day to 40 yrs. 20 yrs. 20 yrs. Higher than P.C. – No
Rec. Temporal 12 yrs./1 day to 20 yrs. 20 15 Subsidiary Penalty
Prision Mayor 6 yrs./1 day to 12 yrs. 15 15
Less Correctional Prision Correctional 6 mos/ 1 day to 6 yrs. 10 10 PC, Arresto & fine not >1/3 18 hrs
Grave Penalty Arresto Mayor 1 mo./ 1 day to 6 mos. 5 5 of ther term but not > 1 yr.
Felony (Suspension and Distierro) Fine Only: GF & LG not >6
Light Light Penalty Arresto Menor 1 day to 30 days 2 mo. 1 yr. mos. And LF not > 15 days. 12 hrs
Felony (Public Censure) Libel – 1yr.
Defamation – 6 mos.

Recidivism Reiteracion or Habituality Quasi- Recidivism Habitual Delinquency

One who at the time of his trial for one When the offender has been previously One who before serving or while Any person who has been convicted for three or
crime, shall have been previously punished for an offense to which the law serving his sentence commits more times ( 3 or more ) within 10 years from the
convicted by final judgment of another attaches an equal or greater penalty or for another crime. last release or conviction of the crimes of (SLERFT)
crime embraced in the same title of two or more crimes to which it attaches a =This is a Special Aggravating Serious & less Serious Physical Injury, Estafa,
the Revised Penal Code. lighter penalty (under the different title). circumstances. Robbery, Falsification & Theft.
 Art 11. Justifying Art 12. Exempting Art. 13. Mitigating Art.14. Aggravating Art. 15. Alternative Absolutory Cause
Acts Lawful Unlawful Unlawful Unlawful Unlawful Unlawful
Crime There is NO crime There is crime There is Crime There is Crime There is Crime There is Crime
Criminal None There is none There is (penalty is There is (penalty is Either Mitigating or There is NO Penalty by
Liability reduced. increased. Aggravating reason of Public Policy &
Sentiments
Civil None, EXCEPT for par. There is Civil Liability, EXCEPT in There is There is There is None
Liability 4. – Avoidance of Par. 4. – Accident (provided there
Greater Evil or Injury is completely no Negligence).
1. Self Defense 1. Imbecility; Insanity (unless the Privilege Mitigating = Generic Aggravating Relationship: 1. Art 6. Spontaneous
2. Defense of Relative later acted during the lucid lowers the penalty by one – increased the Mitigating in Desistance (when done
3. Defense of Stranger Interval) or two degrees and cannot penalty to Crimes Against before the completion of the
4. Avoidance of 2. Minority (15 yrs below) be offset by Ordinary Maximum period. Property but attempted crime).
greater evil or injury 3. >15 but <18 who acted without Aggravating Circumstances. Specific and aggravating in 2. Art 20. Accessory who is a
(State of Necessity) discernment. E.g. (1) Minor who is not Inherent Crimes against relative of the Principal who
5. Fulfillment of a duty 4. Accident (Any person who, totally exempted; (2) Aggravating – no Person. is not profited;
or in the lawful while performing a lawful act Incomplete Justifying & effect to the Intoxication : 3. Art 247. When what is
exercise of a right or with due care, causes an injury by Exempting; (3) Unjustified penalty. Mitigating if inflicted is only slight and
office mere accident without fault or abandonment of the Qualifying unintentional and less serious physical injury;
6. Obedience to Order intention of causing it). spouse in the crime of Aggravating – not habitual, but 4. Art 332. Malicious
issued by the superior 5. Acting under compulsion of an Adultery (Art 333); (4) Change the nature aggravating if mischief, Theft and Estafa
for some lawful irresistible force. Concealment of dishonour of the Crime. Habitual and when committed by a
purpose. 6. Acting under the impulse of an of the mother in Infanticide Special Aggravating Intentional relative within the fourth
R.A. 9262 (Battered uncontrollable fear of an equal or (Art. 255) – increase the Degree of civil degree (Except on
Woman Syndrome) greater injury. Ordinary Mitigating – only penalty or there is Education: Robbery)
What evidence is 7. Any person who fails to reduced the penalty to an added penalty. High- Aggravating 5. Art 344 Marriage with the
required by the perform an act required by law , Minimum Period and cam Low – Mittigating offended party (Seduction,
Defense: Clear & when prevented by some lawful be offset by Generic abduction, Rape, Acts of
Convincing Evidence. insuperable cause. Aggravating C. (Par. 3 to 10 Lasciviousness)
of Art 13). 6. Instigation
 PRINCIPAL ACCOMPLICE ACCESSORY
1. Any person who directly take part in Accessories are those who:
the execution of a crime. 1. Having knowledge of the commission of the crime; and
2. Any person who directly induced or 2. Without having participated therein as principal or accomplices, take part subsequent to its
force another to commit a crime. commission in the following acts: (a) by profiting themselves or assisting the offender to profit by
3. Any person who without his the effects of the crime; (b) by concealing or destroying the body, effects or instruments of the
participation the crime would have crime to prevent its discovery; or
not been committed. (c) By harboring, concealing or assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crimes is guilty of
treason, parricide, murder or an attempt to take the life of the Chief, Executive, or is known to be
habitually guilty of some other crime.

Complex Crime
Penalty is governed by Art. 48, RPC
Complex Crime Proper Compound Crime Special Complex Crime Continued Crime
1 Crime is necessary to 1 act results in two or more When: (1) On Occasion; (2) By Reason, or (3) during the When a series of act is
accomplished the intended Grave or Less Grave Felonies commission of One (1) crime another crime is committed committed under one
crime criminal resolution
Examples: Examples: Examples: Examples:
1. Rape with Forcible 1. A man who placed a bomb on 1. Rape with Homicide 1. A man who steals 4
abduction a bus killing several people and 2. Robbery with Homicide, Robbery with Rape, Robbery roosters which belongs to
2. Estafa through inflicting serious physical with mutilation, Robbery with Arson, Robbery with serious four neighbours is liable for
falsification of Public injuries. physical injury. one (1) count of theft only.
Document 2. A fired a gun towards B but 3. Kidnapping with rape, Kidnapping with Homicide, 2. X, Y, and Z robbed three
3. Theft through Forgery hitting C causing the later’s Kidnapping with Serious Physical Injury etc. houses over-night (since
Note: always begin by Death. Note: The other crime should not be committed after the they are neighbours) are
stating the intended crime (Attempted and Consummated consummation of the intended crime, otherwise two (2) liable for one count of
before the necessary crime. Homicide were committed) Separate crimes will be charged (using the conjunction robbery.
“AND”
 Art 89. MODE OF TOTAL EXTINCTION OF CRIMINAL LIABILITY MODE OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY
1. By the death of the convict, as to the personal penalties; as to pecuniary liabilities, it is extinguished only when the 1. By conditional pardon- a contract between the
death of the offender occurs before final judgment. president and the convict the former will release the latter
2. By service of sentence; upon compliance with certain conditions.
3. By amnesty-an act of the sovereign power granting oblivion or a general pardon for past offense, and is rarely 2. By commutation of sentence- it is the reduction of the
exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons who are subject to period of imprisonment of the offender or the amount of
trail but not yet convicted. the fine.
4. By absolute pardon = A form of executive clemency 3. For good conduct time allowance- are deductions from
5. Prescription of crime- the forfeiture or the loss of the right of the state to prosecute the offender after the lapse of the term of the sentence for good behavior of the
a certain time. convicted prisoner.
6. Prescription of Penalty- the loss or forfeiture of the right of the Government to execute the final sentence after the 4. Parole- consists of the suspension of the sentence of a
lapse of a certain time. convict after serving the minimum term of the
7. Marriage of the offended party under Article 344 RPC indeterminate penalty.

EXECUTIVE CLEMENCY JUDICIAL CLEMENCY

ABSOLUTE PARDON CONDITIONAL PARDON AMNESTY PROBATION PAROLE
GRANTED PRESIDENT PRESIDENT PRESIDENT W/ THE CONCURRENCE OF TRIAL COURT BOARD OF PARDONS & PAROLE
BY: THE CONGRESS
WHEN UPON CONVICTION UPON CONVICTION DURING TRIAL & BEFORE CONVICTION WITHIN 15 DAYS FROM THE AFTER SERVICE OF 1/3 OR
APPLIED PROMULGATION OF JUDGMENT MINIMUM TERM

Arts. 46, 50- 57 Principal Accomplice Accessory

Consummated X 1 2
Frustrated 1 2 3
Attempted 2 3 4
Legend:
X = penalty imposed by the law for the crime.
Note: the number refers to the lowering by degree of
penalty depending on the stages of crime and degree of
participation of the Offender.
 Good Conduct Time Allowance
RPC R.A. 10592
1 -2 years 5 days/ month 20 days
3 -5 years 8 days 23 days
6 to 10 years 10 days 25 days
11 or more 15 days 30 days

BOOK 2
Title I – Crimes Against national Security and Law of Nations (Art 114 – 123 – Art 114. Treason, Art 115. Conspiracy & Proposal to Commit treason,Art. 116 .Misprison of Treason,
Art 117. Espionage, Art 118 Inciting to War or giving motives for reprisal , Art 119 Violation of Neutrality, Art 120. Correspondence to Enemy Country, Art 121. Flight to Enemy
country, Art 122. Piracy & Mutiny and, Art 123. Qualified Piracy)
Title 2 – Crimes Against the Fundamental law of the State (Art 124- 133) Art 124- Arbitrary Detention, Delay in the delivery of Arrested person to the proper judicial authority, Art
126 Delyaing Release, Art 127, Expulsion, Title 2 Art. 128 Violation of Domicile, Art 129 Search Warrant maliciously obtained and Abuse in the service of one legally obtained, Art
130, Searching Domicile without witness, Art 131. Prohibition, Interruption and Dissolution of Peaceful meeting, Art. 132. Interruption of Religious Worhip, Art 133. Offending
Religious Feeling.
Title 3 – Crimes Against Public Order
Title 4 – Crimes Against Public Interest
Title 5 – Crimes Related to Opuim and other prohibited Drugs
Title 6 – Crimes Against Public Moral
Title 7 – Crimes Committed by Public Officer
Title 8 – Crimes Against Person
Title 9 – Crimes Against Personal Liberty and Security
Title 10 – Crimes Against Property
Title 11 – Crimes Against Chastity
Title 12 – Crimes related to Civil Status
Title 13 – Crimes Against Honor
Title 14- Quasi –Offenses
Title 15 – Final Provisions