This document discusses key concepts in criminal law in the Philippines. It covers:
1. The sources of criminal law which include the Revised Penal Code, Presidential Decrees enacted by Marcos, and special penal laws on issues like labor and securities.
2. Principles of criminal prosecution like legality and publicity which require conduct to be prohibited by law and for the law to be publicized.
3. Interpretation approaches like interpreting ambiguities in favor of the accused and applying the law most favorable to the accused when a law is repealed.
4. The effects of repealing a law including dismissing pending cases, applying the new law on appeal if favorable, and allowing convict
This document discusses key concepts in criminal law in the Philippines. It covers:
1. The sources of criminal law which include the Revised Penal Code, Presidential Decrees enacted by Marcos, and special penal laws on issues like labor and securities.
2. Principles of criminal prosecution like legality and publicity which require conduct to be prohibited by law and for the law to be publicized.
3. Interpretation approaches like interpreting ambiguities in favor of the accused and applying the law most favorable to the accused when a law is repealed.
4. The effects of repealing a law including dismissing pending cases, applying the new law on appeal if favorable, and allowing convict
This document discusses key concepts in criminal law in the Philippines. It covers:
1. The sources of criminal law which include the Revised Penal Code, Presidential Decrees enacted by Marcos, and special penal laws on issues like labor and securities.
2. Principles of criminal prosecution like legality and publicity which require conduct to be prohibited by law and for the law to be publicized.
3. Interpretation approaches like interpreting ambiguities in favor of the accused and applying the law most favorable to the accused when a law is repealed.
4. The effects of repealing a law including dismissing pending cases, applying the new law on appeal if favorable, and allowing convict
ROVEN Notes in b. Presidential Decrees – enacted during 2.
Prospective Application – applies only to
CRIMINAL LAW the Marcos regime by Marcos when he acts done after the enactment of the law Lecturer: PROS. ELMER MANUEL SAGSAGO was the Executive, Legislative, and 3. Spanish v. English Judiciary Applicable to RPC ONLY c. Implementing Rules and Regulations, SPANISH language of the drafters of CRIMINAL LAW Circulars–issued by Administrative the law expresses the intention of the Human conduct evil/bad act, omission, or agencies drafters negligent act DOLE Labor Code IRR Branch of municipal substantive law which: Central Bank CB Circulars KINDS OF REPEAL Defines crime – specifies the conduct Securities and Exchange 1. Total/Absolute – as if the old law did not that is prohibited Commission SEC Rules and exist and has the effect of decriminalizing Defines the terms of its nature – Regulations the act identifies the circumstances and Act punished must be punished by 2. Partial/Relative – only a part/an aspect of conditions under which such conduct is the basic law (e.g. acts punished the old law is repealed punishable (i.e. elements) under the Labor Code IRR should a. Express – there is a specific provision in Provides for penalty – if not, the law is be prohibited under the Labor Code the new law that the old law is repealed merely advisory itself) b. Implied Should comply with the publicity i. Repeal by failure to include in the Principles in Criminal Prosecution requirement codification consolidation of 2 1. Principle of Legality – any human conduct laws into a new law/code can never be a subject of criminal Local Application must be issued in ii. Inconsistency – the new law cannot prosecution unless there is a law punishing accordance with the Local Government be harmonized with the old law that conduct Code EFFECTS OF REPEAL v. Common Law – if according to the 1. Pending Prosecution view of the judge the act is wrong, the Power to Enact Laws Absolute: DISMISSED although habitual act will be punishable Essentially legislative delinquent because of the presumption Statutory Origin – should exist to be Plenary – the right to choose which of innocence until proven guilty. punishable particular conduct is reprehensible and Partial:REPEALING LAW will be APPLIED if punishable, even to make presumption (e.g. favourable to the accused although !! Article 5, RPC–if there is no law the presumption of guilt in a crime of theft habitual delinquent UNLESS there is a punishing a wrongful act committed by the when the goods are found in the possession saving clause. accused; the judge must dismiss the case of the accused) 2. On Appeal and submit a proposal to the Congress to NOT absolute Absolute:ACQUIT = reverse judgment of enact a law punishing such wrongful act. Constitutional Limitations conviction a. Due process 3. Decided Case 2. Principle of Publicity – the existence and b. Equality in the application of laws Absolute:NOT HABITUAL DELINQUENTS are provisions of the law must be made known c. Must not be an ex post facto law entitled to a release UNLESS there is a to the public Ex Post Facto Laws: saving clause; however, their release is Publicity – may involve means other Criminalizes an act which was not automaticthey need to file a writ than publication for fair play and innocent at the time it was of habeas corpus because they are still requirement of due process committed accountabilities of the government In the Philippines – the only mode The act is aggravated to a greater prisoner may still be charged with acknowledged is through publication in crime than when it was committed evasion of sentence if they escape. the Official Gazette and newspaper of Inflicts graver punishment than HABITUAL DELINQUENTS will general circulation when the act was committed continue serving their sentence because Properly Publicized–every Alters Rules of Evidence and retroactive application of a penal law is person/subject of such law is presumed makes the accused easier to only for those who are not habitual to have knowledge (constructive) of the convict delinquents. law Assumes to regulate civil rights 4. Serving Sentence and remedies only in effect Absolute:The convict has the choice !! Ignoratia legis non excusat– imposes penalty or deprivation of a whether he would STILL SERVE the sentence ignorance of the law does not right for something which was or NOTPetition for the Issuance of Writ of excuse lawful when done Habeas Corpus. The law deprives the accused of Partial: NOT HABITUAL DELINQUENTS will ACT NO. 3815 legal protection to which he has benefit from the repealing law if it is more Revised Penal Code become entitled favourable to them. mere revision of the Spanish Penal Code d. Must not be a bill of attainder used during the Spanish and American legislative determination of guilt without !! If a law expressly repealing a prior law is itself eras judicial trial repealed, the prior repeal will cease unless Effective January 1, 1932 e. Must not have excessive, cruel/unusual otherwise provided by the last repeal. Majority of crimes are Spanish concepts punishment Some crimes that are from American !! In partial repeal, if what is repealed is the concept: perjury, libel INTERPRETATION MODE of commission of the crime, the case Book 1 – General principle 1. Pro Reo Principle will be dismissed if the new law decriminalizes Book 2 – specific crimes and penalties In dubio pro reo (in case of doubt, the act. If the repeal has the effect on the resolve in favor of the accused) PENALTY, the applicability of the new law SPECIAL PENAL LAWS liberal application in favor of the depends on whichever is more favourable to Penal laws other than RPC accused and strictly against the the accused. General Application government a. Penal laws enacted by Legislative a. Doubt whether the conduct is THEORIES/PHILOSOPHIES IN CRIMINAL within the coverage of the penal LAW Philippine law NOT WITHIN THE 1. Classical/Juristic Act No. American regime Assemble COVERAGE OF PENAL LAW Basis of Criminal Responsibility: human free Commonwealth b. Doubt on the criminal liability in will Common- period – trial wealth period for Congress favor of the LESSER CRIME Man has intellect to know what is good Act No. independence Nature of the criminal penalty and what is bad (1936-46) deprives a person life, liberty, or Man has the freedom to choose whether Republic Full independence property (essential the being a human) or not to obey the law Congress Act No. (June 12, 1946) the guilt should be beyond Purpose of Penalty: retribution Batas reasonable doubt before there could be Direct mechanical proportion between Marcos Regime Batasang Pambansa conviction crime and penalty (martial law) Pambansa Blg. A certain gravity of crime has a !! Sovereigns and heads of foreign c. Areal–over the atmosphere corresponding gravity of penalty states, whether on official or Eye for an eye, tooth for a tooth (Oculo personal visit, include in their Theories: pro oculo, dente pro dente) immunity their personal family i. Open Space –the atmosphere Emphasis: act itself (spouse, children) and official over the country is free and 2. Positivist/Realistic family (those who accompany not subject to jurisdiction Basis of Criminal Responsibility: influence on them) unless for its national security the actor ii. Relative – subjacent state may Influence is the sum of the social, !! Consuls are not diplomatic exercise jurisdiction only to natural, and economic phenomena to officers the extent that it can which actor is exposed effectively exercise control Man is essentially good, but he is b. Treaty Stipulation thereof influenced to do wrong Bilateral/Multilateral iii. Absolute – the subjacent state Purpose of Penalty: reformation Grants exemptions has complete jurisdiction over Offender is regarded as socially sick RP-US Balikatan bilateral the atmosphere above it who needs treatment, not punishment Convention of the Heads of subject only to innocent Imposed upon recommendation of the States multilateral passage by aircraft of foreign social scientists, psychologists, and Convention on the Privileges country experts and Immunities of Specialized GR: if the crime is entirely committed Case-to-case imposition of penalty Agencies of the UN outside the Philippine territory not Emphasis: individual c. Laws of Preferential punishable in the Philippines even if the 3. Eclectic/Mixed Application grants partial/total effect is in the Philippines Treatment: combination of classical and exemption e.g. a married man got married again in positivist theories i. Constitution presidential Hawaii with another woman and Crimes that are social and economic in immunity lived in Baguio as husband and nature should be dealt with in a ii. Constitution parliamentary wife positivist manner immunity they cannot be charged with Heinous crimes should be dealt with in a iii. RA 75 members of bigamy because the second classical manner household of resident marriage was done outside the Penalty: depends on the nature of the crime diplomatic officers provided Philippines Social and economic crimes have they were registered with DFA but they could be charged with considerate penalties and reported to the Chief of adultery/concubinage Heinous crimes receive capital Police of Metro Manila Exceptions (Extended Territory by Legal punishments iv. Code of Muslim Personal Law Fiction): Emphasis: depends on the nature of the Bigamy a. Ex Territorial – embassies and crime v. Laws concerning CICL no warships 4. Utilitarian/Protective perjury if the CICL denies b. Extra Territorial – commercial ships Basis of Criminal Responsibility: the actual having committed a crime registered under the laws of the or potential danger brought to society vi. 2012 Anti-Human Trafficking Philippines Purpose of Penalty: protect the society in Persons Law the law Emphasis: potential threat to society enforcement, social worker, or GR: The nationality of a any persons acting under commercial ship is based on THE REVISED PENAL CODE them are immune from suit its registration regardless of Revision of Spanish Codigo Penal which was that may arise from the the nationality of the owner copied from French Code of 1810 which was investigation and Exp’n: In determining enemy ship classical in character apprehension of the trafficker during war nationality is Book II provides for the direct and based on the nationality of the mechanical proportion of penalty 2. Territoriality owner Article 13, 14, etc. are positivist in nature Law must be applicable within the specific territory/jurisdiction of the !!! RAEGAN v. CIR Special Penal Laws authority enacting the law Raegan provides technical assistance for Heinous crimes punished by laws such as Intraterritorial Application refers to US military. He sold an automobile to a Unlicensed Firearms Law, Anti-Trafficking in the applicability of RPC to crimes member of the military corps in Clark Persons Law are penalized with capital committed, in whole or one of the Field during the effectivity of the Military punishment and are from classical point of elements, in the Philippines Bases Agreement. Tax was assessed view a. Terrestrial – within the bodies of against the sale. He contended that the Indeterminate Sentence Law, Law on land sale was not done within the Philippine Children in Conflict with the Law are from b. Fluvial/Maritime – within the territory/jurisdiction. positivist point of view territorial waters described in the BP Blg. 22 is from utilitarian point of view constitution SC: The contention of Raegan is insofar as in one decision of the SC. One untenable. By the principle of who issued a bouncing check due to Archipelagic Doctrine – connect the Inviolability of Diplomatic Premises, economic reverses was only fined dots of the outermost points of the premises for diplomatic missions are part outermost islands and the waters of the territory of the country. Hence, CHARACTERISTICS OF CRIMINAL LAW enclosed therein would be the permission of foreign diplomatic 1. Generality internal waters of the Philippines. representative is needed before taking It does not apply to specific persons The archipelago will be regarded as jurisdiction over the crime. only one integrated unit instead of Article 14, NCC: applies to all who live fragmented islands Principles why States are Allowed (permanent) or sojourn to Extend Jurisdiction (temporary/visiting) in the Philippines Within 12 Nautical Miles from the 1. Passive Personality Exemptions: Baseline – territorial sea Principlenationality of the victim a. Public International Law to protect their own people diplomatic immunity Within 12 Nautical Miles from the 2. Protective Principle based on i. Functional foreign official Territorial Sea – for enforcement of national security acts of performing state Tariff and Customs Law overthrowing the State functions/political acts Government ii. Personal peculiar Within 200 Nautical Miles from the 3. Affects Doctrine the act affects personality/office Baseline – exclusive economic zone the commerce/harms the citizens iii. Resident Diplomatic Officers for the protection of economic 4. Universality Principleinternational ambassadors wealth crimes crimes against humanity first to apprehend acquires 1. Genocide – destruction of any group in another, acts against drugs, possession of jurisdiction whole or in part by reason of its chastity, deception, false keys ethnicity, religion, belief, etc. sex crimes, 3. Prospectivity 2. Crimes against Humanity – part of disenfranchising a Applies to acts committed after the wide-spread and systematic attack voter, destroying effectivity of the law against civilians (e.g. two countries are property of others An act is punished under the law in at war and one of them attacked the effect when it was committed civilians of the other in violation of the !!Criminal Intent – malice taken into account EXCEPT: Geneva Convention on engagement in in mala in se a. Habitual delinquent war) b. Saving clause 3. War Crimes – violation of Geneva Intent to Violate the Law–the specific Convention providing the rules on intention to do the act prohibited by the ARTICLE 2 warfare special law despite knowledge of such 1. On Board Philippine Ship/Airship prohibition such as the animus should be non-military, registered with !! Pirates are universal criminals over whom possidendi (intent to possess) for theft proper Philippine government agency any state may exercise jurisdiction seeking the protection of Philippine law provided that such state was the first to 2. As to Commission (Article 3): a. High sea ship acquire jurisdiction over them although a. Intentional International air airship the crime was not committed in its Conscious/deliberate performance b. Territory of another country principle jurisdiction of an act/omission with intent or of comity can be prosecuted by the malice (dolo) to do an injury Philippines upon refusal of the foreign !! The state which arrested pirates may: Performed consciously with full country to prosecute 1. Prosecute them under their senses with purpose of causing (arresting state’s) own law harm/injury !! English v. French Rule 2. Turn them over to the state where Positive – doing an act English territory the pirates committed a crime (written/verbal) prohibited French nationality 3. Turn them over to the International Negative – omission/failing to do Court of Justice an act mandated by law such as !!Foreign Ship in Philippine Waters abandonment of a dying person in Warship? YES never !! Enforced disappearance – government an inhabited place NO takes people and do not tell where they Elements: Pirate ship?YES Public are i. Criminal intent International - Purpose to use a particular Law first to !!Special Laws: means to effect a result acquire RA 9851 – Philippine Law on Crimes - Mental process jurisdiction against International Humanitarian Law, - Presumed upon proof of Merchant ship? YES Genocide, and other Crimes against commission of an unlawful Port of destination? English Rule Humanity act/omission Travelling in Transit? UNCLOS RA 9372 – Human Security Act of 2007 - Shown by overt acts Criminal jurisdiction of the Antiterrorism Law - Defense: proof of irresistible coastal state should not be RA 9208 – Anti Trafficking in Persons Act force or uncontrollable fear exercised on the ship in transit - 4 Kinds according to except: FELONY – crimes defined and punished by the American Model Penal Code a. Consequence extends to Revised Penal Code Purposeful – desire to coastal state cause the result; b. Crime disturbs peace of CLASSIFICATIONS OF FELONIES: synonymous with specific country/good order of the 1. As to Nature: criminal intent sea Knowing – knowledge of c. Assistance of local Mala in Se Mala Prohibita what is being done and of authority has been Not inherently wrong the possible results; requested by the master Inherently wrong with but were made similar to general criminal of the ship/diplomatic or without a law crimes only by the intent agent/consular punishing the act law prohibiting it Reckless – indifference to representative of the flag Intent (criminal) is the result of the act state Intent is an element immaterial but intent Negligent – d. If applying Philippine laws to violate the law is inattentiveness/failure to is necessary in Good faith is a do what a reasonable suppressing illicit traffic Good faith is not a man would defense except in of narcotic drugs defense ii. Freedom of action culpable felony Acknowledge Do not acknowledge - Voluntariness in committing 2. Forging/counterfeiting any coin or mitigating or mitigating or the act/omission currency note of the Philippines or aggravating aggravating - Absence makes the person a obligations and securities issued by the circumstances circumstances mere tool Government of the Philippines to Do not take into - Defense: proof of insanity or protect the monetarial system of the country account the extent of infancy protect economy and commerce Affects Take into account the iii.Intelligence participation and Doctrine extent of participation - Capacity to know and degree/stage of 3. Introduction in the Philippines of the and degree/stage of understand the consequences consummation unless counterfeit obligations and securities consummation of one’s act the law expressly Affects Doctrine provides so - Necessary to determine 4. While being public officers or Generally crimes morality of human acts employees, an offense is committed in punished under RPC - Proof of good faith or that the the exercise of their functions affects Crimes punished accused acted under a state of integrity of Philippine administration and mistake of fact under special laws public trust must be conserved Generally crimes that are: 5. Crimes against national security and the punished by special Mistake of Fact Mistake of Identity a. Derivatives under law of nations universality principle laws No criminal intent With criminal intent RPC b. Committed by 1. The act was 1. The accused Crimes against Law of Nations lawful had the intends to commit acts that are (according to Rome Statute of the facts been what a crime against his inherently wrong International Criminal Court): the accused intended victim Taking of life and Possession of fire property, injuring arms, possession of believed them to 2. The accused be mistook another b. Simple imprudence – the away of properties and 2. The intention of person for his injury/harm could not be persons the accused is intended victim foreseen Applicable to special laws lawful 3. The injury landed e.g. While speeding in NLEX at Robbery of different 3. The mistake is on the unintended 1:00 am, a drunk man walked buildings as part of an without fault or victim across and was hit by the intent to commit a carelessness on accused general robbery within a the part of the specific area is only one accused !! If a man contracted another marriage robbery Special in the Philippines on the belief that Exempting his divorce in Nevada with his first v. Absorption – a crime is mitigating/extenuating circumstance wife, whom he married in the considered part of another circumstance Philippines, is recognized in the The offense absorbed Crimes that are always intentional Philippines is held to be guilty of loses its identity as are those that require a state of bigamy through reckless distinct offense mind which is with malice, deceit, imprudence according to the The higher offense or specific intent, and will arise Supreme Court absorbs the lower EXCEPT only if intended in rebellion i. Mutilation – the purpose is to Lower penalty than intentional Felony does not absorb deprive a person of an organ crimes EXCEPT malversation violations of special law to inhibit the person from where the penalty is the same and vice versa EXCEPT using the same Included in intentional felony political crimes ii. Murder – particular mind to when charged in an Information use a particular means to with intentional felony and only 5. As to Time Frame of Commission commit the crime culpable felony is proven, a. Instantaneous iii. Sex crimes – rape, acts of conviction for culpable felony can Arises at the very moment and lasciviousness be had without amending the place of execution iv. Crimes of deceit – estafa Information b. Continued v. Crimes against National Elements: Refer to previous discussion Security and Law of Nations – i. Voluntariness the accused Always instantaneous treason, espionage, piracy in is not forced/intimidated into c. Continuing the high sea doing the act Several acts executed within a vi. Political crimes – sedition, ii. Intelligence the accused is span of time = 1 offense coup d’état aware of the nature and Localized or transitory vii. Against public morals – consequences of his act Several acts involving illegal gambling, prostitution, grave iii. Lack of Foresight instead of recruitment committed within a misconduct malice (intentional) year is one offense of Estafa by viii. Against honor – defamation, Deceit slander by deed, libel 3. As to Resulting Material Injuries (Article Kidnapping that lasted for a month ix. Other crimes – kidnapping, 4) abduction, threat, coercion a. Real Crime 6. As to Commission Produces actual damage or injury a. Formal Crimes b. Culpable to life, security, or property Committed in one instance Acts which are due to lack of skill b. Material Crimes (imprudence) or lack of foresight b. Impossible Crime With at least 2 stages attempted (negligence proper) Does not produce any actual and consummated What is punished is the state of damage or injury mind (uncaring, indifferent to 7. As to Stages of Execution danger) and not the act 4. As to Number of Violations a. Attempted Penalized under Article 365 a. Single b. Frustrated If results in light felony and less One crime, one penalty c. Consummated grave/grave felony, the light felony will be filed separately b. Plural 8. As to Gravity 2 or more crimes, one penalty Basis is the penalty of imprisonment !!! JASON IVLER CASE Principles: unless fine is the only penalty Driving accident involving Ivler i. Complex Crime Proper (delito Purposes of Classification: resulted in physical injuries. A compuesto) one act = 2 or Determine prescription of offenses charge for reckless imprudence more grave/less grave Determine if capable of complexing resulting in slight physical injury ii. Compound Crime (delito Determine subsidiary penalty was filed with the MTC where he complejo) one offense is a a. Light pleaded guilty. Upon finality of the necessary means to commit Arresto Menor or a fine of not MTC decision, he was charged with the other exceeding P200 reckless imprudence resulting in iii. Special Complex/Composite – Cannot be complexed charged serious physical injury with the RTC. 2 or more offenses considered separately Motion to quash was filed on the as one b. Less Grave ground of double jeopardy. iv. Continued (delito Correctional penalty (1 month and continuado)–committing a 1 day to 6 years) or a fine of P201 SC: Reckless imprudence is a crime series of overt acts violating to P6000 in itself. The resulting injuries are one and the same penal c. Grave factors to determine the penalty. provision committed at the More than 6 years imprisonment or The highest penalty being same place and about the a fine of more than P6000 cognizable by the RTC, the case same time for the same d. Heinous should have been filed with the RTC. criminal purpose = one Capital punishment offense 2 Kinds: 9. As to Complaint Requirement a. Reckless imprudence – the Single Larceny Doctrine a. Private injury/harm could be foreseen taking 2/more properties Instituted through private offended e.g. Speeding in a street belonging to 2/more persons party’s complaint frequented by many children = 1 crime of theft Crimes against chastity, adultery, concubinage Applies to crimes against b. Public properties and taking Instituted without a prior complaint State of mind of a person which makes Accused is liable for the actual felony by the offended party him criminally liable although he intended to commit another Crimes against persons, theft, Actus non facit reum, nisi mens sit rea felony murder (the act cannot be criminal where the “He who is the cause of the cause is the mind is not criminal) cause of the evil caused.” 10. As to Place of Commission Intentional = malice REQUISITES: a. Localized Culpable = indifference, uncaring mind a. Intentional Felony Elements of the offense took place Guilty mind, evil mind, evil purpose DEFENSES: in one territorial jurisdiction and v. INTENT purpose to use a particular Good faith could be tried in such jurisdiction means to commit a crime; for Not punishable by RPC b. Transitory intentional offense only Justifying circumstances Elements of the offense took place a. General Criminal Intent – evil/bad Mistake of Fact in 2/more jurisdictions and can be purpose presumed whenever a tried in any of such jurisdictions crime is committed !! Mistake of Fact b. Specific Criminal Intent – specific No criminal liability 11. As to Injury harm/injury the accused wants to (ignoratia facti excusat) a. Victimless inflict by using a particular means; No injury to a private person may be proven by SCIENTER !! Elements of Mistake of Fact: Gambling, prostitution, violations (knowledge of a particular fact) - Act would have been of special laws where it is one of the element of lawful had the facts were b. With Private Victim/Offended Party the crime, such as adultery what he believed them to There is injury or damage to a (knowledge that the woman is be private person married), direct assault (knowledge - Lawful intention that the victim is a person in - No negligence 12. As to Motive and Goal authority/an agent of a PIA), or a. Ordinary or Common Crime violation of the Anti-Fencing Law !!v. Mistake of Law Committed for private/personal (knowledge that the article is When a person acts under a reasons stolen) repealed law, it does not b. Political free the person from Creation, maintenance, or !! If victim dies general intent to kill criminal liability because of enhancement of the power, the victim is the presumption of interests, ideology of a group, presumed constructive knowledge of organization or institution to the If victim lives specific intent to kill laws (ignoratia legis non detriment of or destruction of other the victim should be excusat) rival groups proven to know if the Absorbs ordinary crimes if done in crime is merely SUICIDE and GETTING BACK its furtherance physical injuries or ONE’S OWN PROPERTY are not Often continuing and transitory homicide/murder or felonies resulting injury to i. Domination and Oppression or incidental to some other persons will not give rise State Crimes – committed by a other crimes like to criminal liability, but only powerful institution or the State robbery or rape civil liability ii. Group Conflicts, Hate Crimes, or Bias Crimes–committed by rival v. DISCERNMENT mental capacity to b. Proximate Cause groups tell right from wrong That cause which in the iii. Rebellion, Sedition, Coup d’état – v. MOTIVEpersonal reason/moving natural and continuous committed by groups against the power that impels one to commit an act sequence, unbroken by any existing social and political order for a definite result efficient supervening cause, iv. Political Coloration – ordinary GR: Not necessary for conviction produces a felony, without crimes committed in furtherance of Exp’ns: which such felony could not political crimes a. Element of the crime have resulted b. Purely circumstantial evidence El que es causa dela causa es 13. As to Magnitude c. Doubt in the identity of the causa del mal causado a. Crimes against Nations accused Injury/death may be produced Can be tried by any state d. Act produces several crimes instantly or after a reasonable b. Crimes against a Particular State e. 2 antagonistic theories/versions of lapse of time as long as the Defined by domestic law of a state the crime injury/death can be traced and tried in the same state f. Unreliable, inconclusive, and back to the act doubtful testimonyidentifyingthe In damage to property, 14. As to the Accused accused negligent act may be the a. Status Crimes g. No eyewitness to the crime and proximate cause An act is a crime if committed by there is a number of suspects A person, even without bodily an adult, but not if by a child h. Accused puts up the defense of contact, will be held liable for b. Street Crimes stranger the injury of another person in Committed by anybody in the whom he instilled fear of street 3. Law Punishing the Crime imminent danger c. Blue Collar Crimes Nullum crimen nulla poena sine lege DOCTRINE OF CAUSATION Committed by a person holding a Principle of Legality proximate/factual cause position by using such position The source of crime is the law punishing Death of the person it injured the person who CRIMES died should be the same Elements: CRIMINAL RESPONSIBILITY/LIABILITY person who was injured 1. Physical Act (Actus Reus) (Article 4) The injury should be May be positive act, omission, or Possible Consequences Of Committing A capable of producing negligent act; oral or verbal Felony: death Human conduct of a person No injury to a private person DEATH is presumed to be the Overt act capable of being perceived victimless crime natural consequences of the by senses Intended injury is not produced physical injuries if: Bodily movement capable of having The actual attack is the factual cause Victim at the time the effect on the outside world (actual result is also the intended physical injuries were result) or proximate cause inflicted was in normal 2. Mental Act (Mens Rea) health 1. Real Crime Death may be expected a. Legal – due to the legal nature of from the physical injuries the offense, the intended crime 1. Internal Stage (Mens Rea) inflicted cannot be produced Mental acts Death ensued within a Not punishable reasonable time e.g. shooting a dead person, Slight physical injury stealing own property 2. External Stage (Actus Reus) aggravated by improper a. Preparatory Acts treatment resulting in death b. Physical – intended crime is not GR: Not punishable still renders the offender liable produced because of a factor e.g. Buying poison, gun, or bolo for death for without such beyond the control of accused/the even if the purpose is to injury, there is no need for means is ineffectual commit a crim treatment Conspiracies and proposals DOCTRINE OF SUPERVENING e.g. pickpocketing an empty CAUSE cause that pocket, which was due to the hole Exp’n: Expressly punished by laws intervenes between the act of in such pocket, chemical mixed e.g. Total stranger loitering and the accused and the expected with the intended victim’s food is looking at a private place injury breaking the connection not enough to kill him without justifiable cause of the act and injury and = vagrancy becomes the proximate cause Only if intended crime would have been Possession of picklocks/false of the injury against persons and properties keys Act of the victim himself Accused should not be aware of the Conspiracy and proposal to Act of a 3rd person impossibility to be liable commit Rebellion, External factors Crime of last resort charged only Sedition, treason, and epidemic, nature, insect, when there is no other crime in the RPC coup d'état etc. or special law chargeable No impossible crime of robbery with Not yet a crime but may lead to a 2. Wrongful Act Done be Different from violence coercion crime, although not certain What was Intended (Crimes against threat/intimidation to do what you don’t Equivocal susceptible to different Persons ONLY) want to do interpretations may or may not a. MISTAKE IN THE BLOW (Aberratio Punished due to the criminal tendencies develop into a crime Ictus) of the offender At least 2 people were injured b. Acts of Execution Injury intended is grave/less grave CRIMINALIZATION AND EXCESSIVE Attempted A person directed the blow at an PENALTY (Article 5) The offender commences the intended victim but due to external 1. Principle of Legality commission of a felony directly by circumstances beyond the control There should be a law punishing an overt acts, and does not perform of the perpetrator, such blow act/omission/negligence all the acts of execution which landed on an unintended victim Nullum crimen nulla poena sine lege should produce the felony by Generally gives rise to complex If an act is not punished by any law but reason of some cause other than crimes the court thinks that such act should be his own spontaneous desistance Light felonies are charged repressed, the court should: ELEMENTS: separately a. Render the proper decision Overt acts DOCTRINE OF TRANSFERRED dismiss the case Failure to perform all acts of INTENT the intent behind the act b. Report the matter to the Chief execution of the felony directed at a particular victim will Executive through the Such failure was due to any be applied to the unintended victim Department of Justice for the cause other than his own passage of an appropriate law spontaneous desistance b. MISTAKE IN IDENTITY (Error in c. Report should contain Overt act capable of producing Personae) explanation on why the court an effect in the outside world The intended victim was not at the believes that the act should be perceptible by the senses and scene of the crime repressed directly related to the felony he The actual victim is not the ought to commit intended victim 2. Principle of Justice Tempered with The accused has not yet passed The actual victim was mistaken for Mercy the subjective phase he still has the intended victim so the blow If the court finds the penalty to be the control over his actions and he was directed to the former excessive/harsh, the court should: may/not commit the crime Special extenuating circumstance a. Render the proper decision Voluntary Desistanceabsolutory Art. 49 penalty for the less convict the accused and impose cause when the accused decided crime in maximum penalty will be penalty as provided by the law not to continue with the imposed if: b. Submit statement of report to the commission of the crime due to his Actual crime is DIFFERENT Chief Executive through DOJ conscience or any other reason from that intended c. Recommend to Chief Executive the which is not external to him Actual crime is MORE grant of executive clemency spontaneous desistance SERIOUS than the intended Does not apply to crimes punishable by EXCEPT: crime special laws no executive clemency The act already performed constitutes the attempted c. CONSEQUENCE WENT BEYOND THE STAGES IN THE COMMISSION OF FELONY stage INTENTION (Praeter Intentionem) (Article 6) If the crime intended already Intended victim = Actual victim Not applicable to: arose (factual desistance) Actual injury > Intended injury Formal crimes Another crime was already Mitigating under par.3, Article 13, Felonies by omission produced RPC Culpable felonies KINDS: There should be GREAT DISPARITY Impossible crimes Legal made during the between the means employed and Violations of special laws, unless attempted stage which would the resulting injury otherwise provided by the special law obviate criminal liability At least 2 stages attempted and subject to the exceptions 3. Impossible Crime consummated Factual made after the Fixed penalty of ArrestoMayor FACTORS IN DETERMINING STAGE OF attempted stage which does “Impossible crime of _____.” EXECUTION not obviate criminal liability 2 Kinds of Impossibility Manner of committing a crime Elements of the crime Frustrated Nature of the crime The offender performs all the acts CONSPIRACY AND PROPOSAL TO COMMIT 2. Criminal liability of execution which would produce FELONY (Article 8) In re: Article 16 the felony as a consequence but Mere preparatory acts Light felonies principal and which, nevertheless, failed to GR: not punishable accomplice produce it due to causes Exp’n: expressly provided by law only independent of the will of the Less/Grave includes accessories offender/outside factors Conspiracy ELEMENTS: Two/more persons come into an agreement 3. Stage of execution Performance of all acts of concerning the commission of a crime and In re: Article 6 execution decide to commit it Light felony consummated only All acts of execution would REQUISITES: except against have produced the felony 1. 2/more persons coming to an persons and Felony is not produced agreement properties Reason of failure to produce 2. Such agreement is to commit a felony felony is independent of the 3. Actual decision to commit the felony 4. Complex crimes will of the perpetrator Should be alleged in the Information Light felonies cannot be complexed Accused is already in the objective PUNISHABLE CONSPIRACIES: charged separately phase he has no more control 1. Treason over the consequence of his act 2. Rebellion 5. Period for delivery of detained persons RULE: Accused injured a person 3. Sedition to judicial authorities with intent to kill 4. Highway robbery 12 hours light felony Nature of injury should be 5. Espionage 18 hours less grave felony mortal/life threatening should be 6. Arson 36 hours grave felony testified to by an expert OVERT ACTS OF CONSPIRACY: (physician) 1. Active participation in the actual 6. Imposition of subsidiary penalty If injury is not mortal attempted commission of the crime If the accused himself prevented 2. Moral assistance by mere presence a. Grave Felonies death serious physical injury during the commission of the crime Capital punishment or penalties which CRIMES WITHOUT FRUSTRATED 3. Moral ascendance over the co- in any of their periods are afflictive (6 STAGE: conspirators by moving them to years and 1 day to reclusion Rape execute/implement the criminal plan perpetua)in re: Art. 25 important Arson KINDS: phrase! Indirect bribery 1. As a Felony mere conspiracy of Fine of more than P6,000 Corruption of public officers certain crimes is expressly punished by Heinous more than 12 years Adultery law Non-Heinous 6 years and 1 day to 12 Physical injury 2. As a Manner of Incurring Criminal years Theft/robbery Liability legal justification in holding Bigamy 2/more people criminally liable b. Less Grave Felonies Concubinage equally(for more discussions refer to Prision correccional (1 month and 1 day Degree of Participation – Principals) to 6 years) in re: Art. 25 maximum Consummated 2/more persons conspire to commit arson = period All the necessary elements for the conspiracy to commit arson as a felony Fine of more than P200 but not more execution and accomplishment of IF arson is actually committed = arson than P6,000 the felony are present conspiracy becomes a mode CONSUMMATION: c. Light Felonies Rape carnal Proposal Arresto menor (1 day to 30 days) in re: knowledge/penetration, no A person has decided to commit a felony but Art. 25 matter how slight proposes its execution to some other Fine not exceeding P200 in re: Art. 9 Arson burning of the person/persons If fine of P200 = alternative/single house/building no matter how A man decided to commit a felony but he penalty correctional penalty under small turns over the commission to another Art. 26 prescribes in 10 years, not 2 Theft accused has Inducement months constructive/actual control REQUISITES: over the articles 1. A person decided to commit a felony OFFENSES NOT SUBJECT TO RPC Robbery theft + violence 2. Proposes its execution to some other PROVISIONS (Article 10) Estafa damage to victim person/persons agreement is not Special laws governed by special law itself Consummated by at least 2 necessary GR: RPC provisions are supplementary to persons: PUNISHABLE PROPOSALS: special laws Adultery 1. Treason Exp’n: Concubinage 2. Rebellion 1. Special law provides otherwise Bigamy with reckless 3. Insurrection 2. RPC provisions are impossible of imprudence when the 4. Coup d’état application, by express Filipino husband married for NO PROPOSAL WHEN: provision/necessary implication the second time in the 1. Lack of determination to commit the RPC PROVISIONS NOT APPLICABLE TO Philippines believing that the felony one who proposes SPECIAL LAWS: divorce he had with his Filipino 2. Lack of decided, concrete, and formal 1. Article 3 on criminal intent wife was valid proposal 2. Article 6 on stages of execution UNLESS 3. Not the execution of felony is proposed special law punishes an attempted or LIGHT FELONIES (Article 7) frustrated violation GR: Light felonies are punishable only when they GRAVITY OF FELONIES (Article 9) 3. Article 11 on justifying circumstances have been consummated insignificant Basis is imprisonment UNLESS only fine is 4. Articles 13, 14, 15 on modifying result the imposed penalty circumstances Exp’n: Those committed against persons or In re: Article 25 5. Articles 17, 18, 19 on degree of property if attempted or frustrated Not applicable to special laws participation Those infractions of law for the commission PURPOSES: 6. Accessory penalties of which the penalty of arresto menor or a 1. Prescription of the crime 7. Article 48 on complexing of crimes fine not exceeding P200 or both is provided Light felonies 2 months 8. Graduation of penalties Only principals and accomplices are liable Less grave correctionalcrime except RPC PROVISIONS APPLICABLE TO SPECIAL Slight physical injury only light felony arresto mayor 10 years LAWS: against persons Arresto Mayor5 years 1. To prevent injustice Grave more than 20 years a. Article 100 on civil liability b. conspiracy must necessarily guess at its No injury to the State and no legal injury to 2. Adoption of BOTH nomenclature and meaning and differ as to its private persons range of penalty application If principal’s defense acquits accomplice RPC provisions in re: penalty will Courts cannot determine, within and accessory as well be applied any reasonable degree of certainty, No civil liability EXCEPT in State of Necessity what the legislature intended (paragraph 4) 3. Mala in se in nature Includes Use-of-Force Defenses Lack of intent and good faith are 2. Void for Over Breadth Principle 1. Deadly force valid defenses Only to cases where accused is 2. Reasonable force charged with a crime in relation to Exclusive enumeration 4. Derivative of an act punished under RPC freedom of expression and Car napping and cattle rustling are association 1. Self Defense derivatives of theft/robbery Inhibits the exercise of individual Natural right to protect one’s own self, freedoms guaranteed by the property, honor/reputation, chastity, 5. Exempting circumstances Constitution rights protected by law 6. Participation of accomplices Language is so broad that it The state cannot protect its citizens at 7. Retroactivity of penal laws if favourable unnecessarily interferes with the all times given the right to defend to the accused exercise of constitutional rights themselves 8. Preventive imprisonment Must be asserted promptly Imprisonment while case is 3. Void for Lack Of Publicity Elements: pending Publication in a newspaper of a. Unlawful aggression general circulation/Official Gazette Actual (happening already or PUNISHABLE BY BOTH RPC AND SPECIAL No constructive notice to the public actually producing harm LAW Ignoratia legis nemenem excusat already) physical or at least 1. Felony absorbs the offense will not apply threatened assault of 2. Offense aggravates felony immediate and 3. Two separate charges 4. Violation of Equal Protection imminent(happening at any 4. Punished under either RPC or special Discriminatory and selective moment) kind which is law otherwise, there would be double application offensive and positively jeopardy Generality characteristic must strong, showing the wrongful apply to all persons in similar intent to cause injury IMPUTABILITY situation Conduct/action intended to Quality by which an act may be ascribed to a A prima facie fair and impartial harm/damage person as its author or owner law, if applied by a public authority v. Lawful aggression either Implies that an act committed has been with an evil eye and unequal hand in the exercise of a right or freely and consciously done and may so as to make unjust and illegal fulfilment of a duty therefore be put down to the doer as his discriminations between persons in Indispensable requisite very own similar circumstances, material to Comes from the victim their rights, violates equal Still continuing/in existence RESPONSIBILITY protection during the time of defense Obligation of suffering the consequences of There must be a clear and Still existing when the crimepenal and civil intentional/purposeful aggressor momentarily left to discrimination on the part of the get a more advantageous GUILT prosecuting officials weapon Element of responsibility Cease when aggressor flees A man cannot be made to answer for the 5. Double Jeopardy Absent when there is consequences of a crime unless he is guilty Prosecuting the same individual for agreement to fight (e.g. duel) the same act after his acquittal or EXCEPT when there is a CIRCUMSTANCES AFFECTING CRIMINAL conviction violation of the agreement LIABILITY Not mere threatening attitude EFFECTS: Defender is not expected to DEFENSES 1. Total/Perfect/Complete control his blow Result in acquittal/reduction of criminal Totally exonerates the accused Aggressor cannot claim liability a. Failure to prove the essential complete self defense FORMS: element of the crime 1. Positive/Affirmative b. Justifying circumstances !! RETREAT-TO-THE-WALL “admission and avoidance” c. Exempting circumstances DOCTRINE Accused admits authorship of the d. Absolutory causes First attempt to withdraw from crime but puts up matters to avoid e. Failure to establish guilt beyond the encounter and it is only criminal liability/conviction reasonable doubt when there is nowhere to retreat Reverse trial defense will first f. Prescription of crimes that force may be used to defend present evidence burden of one’s self impractical proof is shifted to the defense 2. Partial abandoned Defense must be proven by clear, Accused will still be liable but will positive, and convincing evidence lessen his liability !! STAND-YOUR-GROUND- Justifying, exempting, absolutory WHEN-IN-THE-RIGHT SOURCES: DOCTRINE 2. Negative 1. Legal When attacked in a place where Accused denies authorship of the Those provided by the RPC, one has the right to be, he may act/omission imputed to him Constitution, or any other law immediately use force to defend Denial, alibi, mistaken identity himself prevailing doctrine 2. Factual CONSTITUTIONAL DEFENSES Those based on the circumstances !! CASTLE DOCTRINE 1. Void for Vagueness Principle of the commission of the crime A man’s home is his own castle Too much discretion is left with the relating to the time, place, manner he may immediately use force judge/law enforcers in the statute of commission, identification of the to defend himself if attacked in Due Process penal statute must accused, reasons for the his own home be sufficiently explicit to inform its commission subject what conduct would render b. Reasonable necessity of the means them liable Justifying Circumstances (Article 11) employed to repel it Lacks comprehensible standards For intentional felonies only Defense should be that men of common intelligence Lawful act commensurate to the type, degree, and intensity of the There should at least be two cycles to aggression taking into c. Lack of sufficient provocation from avail of this self-defense consideration the place, the accused No need for imminent or actual occasion, and surrounding PROVOCATION: any conduct danger/aggression enough that the circumstances of the which excites, incites, or woman believes that the aggressor aggression induces a person to react and poses probable harm TEST OF REASONABLENESS vexes or annoys, irritates, or Proven by expert testimonies from Weapon used by the angers another psychologists aggressor WHEN THERE IS NO PROPONENT:PP v. Genosa, Jan. 15, Physical condition, SUFFICIENT PROVOCATION: 2004 character, size, and other None at all Gives rise to mitigating circumstances circumstances of the Provocation is not of psychological paralysis and passion aggressor sufficient and obfuscation if invocation of BWS Physical condition, There is sufficient fails character, size, and other provocation but not circumstances of the immediate to the attack 2. Defense of Relative person defending himself WHEN SUFFICIENT RELATIVE: Place and occasion PROVOCATION IS PRESENT a. Legitimate spouse Perfect equality between Utterance of vulgar b. Ascendants weapons or perfect language by the attacker c. Descendants commensurability in the directed to the victim d. Brothers and sisters means employed are not Trespassing by the e. Relative by affinity in the same required because the person aggressor into the degree assaulted does not have time property of the victim f. Relatives by consanguinity within to think and calculate Jokes made in poor taste the 4th civil degree TWO ASPECTS: or bad mouthing the Elements: Mode of defense victim a. Unlawful aggression Choice of weapon Destroying the property b. Reasonable necessity of the means Rational necessity and rational of the victim employed to repel unlawful equivalence of weapons, and aggression not factual equality, are !! BATTERED WOMAN SYNDROME c. No provocation from defender required Psychological condition Even if the relative being Determined by considering Woman commits physical violence defended gave provocation, both the subjective and against her aggressor due to the the one defending should not objective aspects: continued physical and mental abuse be aware of such fact or Imminence of danger as her aggressor inflicted on her should not have participated it appeared to the BATTERED WOMAN: Repeatedly therein either actually or accused + instinct for subjected to any forceful physical or morally by encouragement self-preservation psychological behaviour by a man in Still available even if the defender acted Armed attacker’s order to coerce her to do something out of evil motive instrument of aggression he wants her to do without concern In recognition of the strong ties of blood v. means of defense most for her rights readily and immediately Available to ANY WOMAN with any 3. Defense of Stranger available to the person form of intimate relationship with STRANGER: Those not included in the attacked men not limited to wives enumeration of relatives Physique, size, age, sex, CYCLE OF VIOLENCE: Elements: knowledge of martial a. Tension-Building Phase 1. Unlawful aggression arts, reputation as a Minor battering 2. Reasonable necessity of the means person of violence of Verbal, physical abuse or employed to repel the unlawful attacker and of the other form of hostile aggression person attacked behaviour 3. Defender should not be induced by Whether immediate The woman tries to pacify evil motive assistance is available to the batterer but his v. Defense of Relative the person attacked placatory/passive behaviour Defender must prove an during attack legitimizes her belief that honest desire to save the Number of attackers the man has the right to life/limb or property of the USE OF DEADLY FORCE abuse her stranger Attack on a person’s At some point, violence The defender should not have life/limbs either get spirals out of control and participated in case the killed/get seriously leads to acute battering stranger gave provocation injured incident What a man can do in his defense, Attack upon property + another can do for him attack on person’s b. Acute Battering Incident life/limbs if absent Characterized by brutality, 4. State of Necessity reasonable force only destructiveness, and, at Elements: Attack on chastity + clear times, death a. Evil sought to be avoided actually intent to rape Deemed by battered woman exists Attack on honor or as unpredictable, yet b. Injury feared is greater than that reputation = similar libel inevitable done to avoid it or defamation to the She has a sense of c. No other practical or less harmful extent necessary to free detachment from the attack means of preventing it himself of the effects of and the terrible pain The greater evil sought to be avoided the attack Doctrine of Often very savage and out should not be brought about by the Justified Libel or The of control negligence or imprudence of the Privilege of a Reply actor/his violation of a law Doctrinephysical force c. Tranquil, Loving Phase Only justifying circumstance with civil is never justified The couple experience liability NOT derived from the Not justified in injuries profound relief commission of a crime BUT from the caused by the installation The batterer may show a benefit derived of protective devises or tender and nurturing attack of loose dogs even behaviour towards his e.g. The crew members in a sinking in one’s own yard partner vessel jettisoned (act of throwing cargoes into the sea) some cargos The duty to issue a warning is NOT belonging to A to save the vessel ABSOLUTELY MANDATED AT ALL and the other cargoes. The owners TIMES and AT ALL COST to the of the cargoes saved and of the detriment of the life of law vessel are civilly liable to A as they enforcers are the ones who benefited from Mandate to issue a warning jettisoning. several options are still available to the law enforcers A bride who intentionally absconded during her wedding was 6. Obedience to a Lawful Order of a sued for slander by deed. It was Superior held that she was under the state Elements: of necessity in that a slander by a. Order was issued by a superior deed is less evil than a loveless within the sphere of his lawful marriage, which she sought to rights avoid. She was still civilly liable to b. Order is for some lawful purpose the groom. c. The means to carry out the order is lawful Therapeutic abortion, where the SUPERIOR: Any person higher in rank life of the mother is in danger, is to the accused and who is entitled to the only instance in the Philippines demand obedience from the accused that a person’s life can be Patently Illegal: sacrificed for another’s life. GR: Cannot invoke this circumstance Exp’n: Not aware of the illegality of the 5. Fulfilment of Duty/Lawful Exercise of order good faith and honest Right/Office belief of legality of order Elements: defense a. Accused acted in the performance of a duty or in the lawful exercise Exempting Circumstances (Article 12) of a right or office There is a crime committed b. Injury caused or the offense There is injury to State committed by the necessary There is injury to private person consequence of due performance of There is civil liability duty or the lawful exercise of such There is NO criminal liability lack of right or office voluntariness, intelligence, malice, c. Accused was not negligent or that negligence there was no abuse or excess or Personal defense applies only to the oppression on the part of the person invoking it accused Applies to intentional, by omission, culpable, special laws !!! PP v OANIS Exclusive enumeration The police were sent out to arrest a notorious bandit with 1. Imbecility/Insanity order to kill him should he 2. Under 9 Years Old resist arrest. At the house of 3. Over 9 Years Old but Under 15 Years the bandit’s girlfriend, they saw Acting Without Discernment a man sleeping, who resembled 4. Accident the physique of the bandit, on a 5. Irresistible Force bamboo bed facing away from 6. Uncontrollable Fear the police. The accused started 7. Insuperable Cause firing at the man who turned out to be not the bandit. Absolutory Causes Same effect as exempting The accused were negligent. No criminal liability public policy There was also nothing that There are more important things than prevented them from checking prosecuting accused the identity of the man. Found in jurisprudence
Committed by ANY PERSON and not MODIFYING CIRCUMSTANCES
limited to public officials Either increase or decrease penalty The duty must be moral/legal Right = exercise of profession/ Mitigating Circumstances (Article 13) occupation Lessens penalty Office = private employment/public office Aggravating Circumstances In re: LAW ENFORCERS Alternative Circumstances A policeman in the performance of Extenuating Circumstances duty is justified in using FORCE as is REASONABLY NECESSARY to: Secure and detain the offender Overcome his resistance Prevent escape Recapture him if necessary Protect himself from bodily injury Resulting injury or death justified as long as with reasonably necessary force Policeman’s duty overcome offender
BOOK TWO - Crimes and Penalties TITLE ONE - Crimes Against National Security and The Law of The Nations CHAPTER ONE - Crimes Against National Security SECTION 1 - Treason and Espionage