COURSE OUTLINE and CASE LIST

Professor: Atty. Dimpna D. Bermejo-Dulay, MSChem PhD

REVISED PENAL CODE ACT NO. 3815, AS AMENDED BOOK I (ARTICLES 1 TO 113)

Article 1. Time when Act takes effect. - This Code shall take effect on the first day of January,
nineteen hundred and thirty-two.

Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction,
against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of their
functions; or

5. Should commit any of the crimes against national security and the law of nations, defined
in Title One of Book Two of this Code.

Article 1 and 2
I. CRIMINAL LAW; Fundamental Principles
 Definition of Criminal Law “Criminal Law – that branch of public substantive law which
defines crimes, treats of their nature, and provides for their punishment.” [Reyes, citing 12 Cyc.
129].
RPC, Article 3 & 21
Article 3. Definition. - Acts and omissions punishable by law are felonies
(delitos).
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 wrongful act results from imprudence, negligence, lack of foresight, or
lack of skill.
 The sources of criminal law in the Philippines are:
1) The Revised Penal Code (RA 3815) and its amendments;
 2) Republic Acts;
3) Presidential Decrees, and
4) other Special Penal laws passed by the Philippine Commission, Philippine
Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines,
and the Batasang Pambansa.
 Development of Criminal Law in the Philippines
 CONSTITUTIONAL LIMITATIONS
a. State Authority to Punish Crime

o 1987 Constitution, Art. II, Sec 5

Section 5. The maintenance of peace and order, the protection of life, liberty,
and property, and promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.

o 1987 Constitution, Art. VI, Sec 1

Section 1. The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative and
referendum.

b. Limitations on the Power

1. Must be General in application.
2. Must not partake of the nature of an Ex Post Facto law.
An ex post facto law (Latin for "after the fact" or "from after the action") is
a law that changes the legal consequences (or status) of actions that
were committed before the law went into effect
3. Must not partake of the nature of a Bill of Attainder.
is an act of a legislature declaring a person, guilty of some crime - and
punishing them, often without a trial.

Case: - People vs. Ferrer, 48 SCRA 382

4. Must not impose cruel and unusual punishment or excessive fines.

o 1987 Constitution, Art. III, Sec 1,
Section 1. No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection
of the laws.
Art. III, Sec 14(1),
No person shall be held to answer for a criminal offense without due
process of law.
Art. III, 14(2)
In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself
and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the
absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable.,
Art. III, 18(1)
No person shall be detained solely by reason of his political beliefs and
aspirations.
Art. III, 18(2)
No involuntary servitude in any form shall exist except as a punishment
for a crime whereof the party shall have been duly convicted.
Art. III, 19(1)
Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless,
for compelling reasons involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed shall be reduced to
reclusion perpetua.
Art. III, 19(2)
The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
Art. III, 20 No person shall be imprisoned for debt or non-payment of a
poll tax.
Art. III, 22 No ex post facto law or bill of attainder shall be enacted.
o 1985 Rules on Criminal Procedure, Rule 115

RIGHTS OF ACCUSED
Section 1. Rights of accused at the trial.
In all criminal prosecutions, the accused shall be entitled:
(a) To be presumed innocent until the contrary is proved beyond
reasonable doubt;
(b) To be informed of the nature and cause of the accusation
against him;
(c) To be present and defend in person and by counsel at every
stage of the proceedings, from the arraignment to the
promulgation of the judgment. The accused may, however, waive
his presence at the trial pursuant to the stipulations set forth in his
bail bond, unless his presence is specifically ordered by the court
for purposes of identification. The absence of the accused without
any justifiable cause at the trial on a particular date of which he
 had notice shall be considered a waiver of his right to be present
during that trial. When an accused under custody had been
notified of the date of the trial and escapes, he shall be deemed to
have waived his right to be present on said date and on all
subsequent trial dates until custody is regained. Upon motion, the
accused may be allowed to defend himself in person when it
sufficiently appears to the court that he can properly protect his
right without the assistance of counsel;
(d) To testify as a witness in his own behalf but subject to cross-
examination on matters covered by direct examination. His silence
shall not in any manner prejudice him;
(e) To be exempt from being compelled to be a witness against
himself;
(f) To confront and cross-examine the witnesses against him at
the trial. Either party may utilize as part of its evidence the
testimony of a witness who is deceased, out of or can not with due
diligence be found in the Philippines, unavailable or otherwise
unable to testify, given in another case or proceeding, judicial or
administrative, involving the same parties and subject matter, the
adverse party having had the opportunity to cross-examine him;
(g) To have compulsory process issued to secure the attendance
of witnesses and production of other evidence in his behalf;
(h) To have a speedy, impartial and public trial; and
(i) To have the right of appeal in all cases allowed and in the
manner prescribed by law.

o Civil Code, Article 2

Article 2. Laws shall take effect after fifteen days following the completion
of their publication in the Official Gazette, or in a newspaper of general
circulation in the Philippines, unless it is otherwise provided.
 Different Theories Underlying the Criminal Law System
1. Classical or Juristic Theory
a. The basis of criminal liability is human free will and the purpose of the
penalty is retribution;
b. Man is essentially a moral creature with an absolutely free will to
choose between good and evil thereby placing more stress upon the effect
or result of the felonious act than upon the man, the criminal himself;
c. It has been endeavored to establish a mechanical and direct proportion
between crime and penalty; and
d. There is a scant regard to the human element.
2. Positivist or Realistic Theory
 a. Man is subdued occasionally by a strange and morbid phenomenon
which constrains him to do wrong, in spite of or contrary to his volition;
b. The crime is essentially a social and natural phenomenon and as such
it cannot be treated and checked by applying law and jurisprudence nor by
imposition of a punishment, fixed and determined a priori; and
c. The purpose of penalty is reformation
3. Eclectic or Mixed Theory
A combination of both classical and positive theories. Our Code is
considered Eclectic (i.e., the age of the offender is taken into consideration,
intoxication of the offender in order is considered a mitigating circumstance
unless it is habitual or intentional)
4. Utilitarian or Protective Theory
 Scope of Application and Characteristics of the Philippine Criminal Law
1. GENERALITY of Criminal Law

o 1987 Constitution, Art. VI, Sec 1

The legislative power shall be vested in the Congress of the Philippines which
shall consist of a Senate and a House of Representatives, except to the
extent reserved to the people by the provision on initiative and referendum.
As a general rule, the jurisdiction of the civil courts is not affected by the
military character of the accused.

o Civil Code, Article 14

Penal laws and those of public security and safety shall be obligatory upon all
who live or sojourn in Philippine territory, subject to the principles of public
international law and to treaty stipulations.

o Exceptions to the General Application of Criminal Law

Article 2 of the Revise Penal Code says that the provisions of this Code shall
be enforced within the Philippine Archipelago “except as provided as in the
treaties and laws of preferential application”
2. TERRITORIALITY of Criminal Law
o The Archipelagic Rule
Article 2 of the Revised Penal Code provides that the provisions of said
code shall be enforced within the Philippine Archipelago, including its
atmosphere, territorial waters and maritime zone.
o1987 Constitution, Art. 1
The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and
aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
o Exceptions, EXTRATERRITORIALITY
RPC provides that its provisions shall be enforced outside of the jurisdiction of
the Philippines against those who:
1. Should commit an offense while on a Philippine ship or airship;

2. Should forge or counterfeit any coin or currency note of the Philippine Islands
or obligations and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of
the obligations and securities mentioned in the preceding number;

4. While being public officers or employees, should commit an offense in the

exercise of their functions; or

5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of the RPC.

3. PROSPECTIVITY/ IRRETROSPECTIVITY of Criminal Law

o RPC, Article 21 & 22

Article 21. Penalties that may be imposed. - No felony shall be punishable by

any penalty not prescribed by law prior to its commission.

Article 22. Retroactive effect of penal laws. - Penal Laws shall have a retroactive
effect insofar as they favor the persons guilty of a felony, who is not a habitual
criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at
the time of the publication of such laws a final sentence has been pronounced
and the convict is serving the same.

o Civil Code, Article 4

Laws shall have no retroactive effect, unless the contrary is provided
o Exception where a penal law may be given retroactive application
If they create new substantive rights.
 Exception to the exception
1. When the law so provides, the exception to this exception are EX POST
FACTO LAWS AND LAWS the IMPAIRED the obligations of contracts.
2. When a penal law is more favorable or beneficial to the accused the
exception to this exception is when the convicted felon is habitual delinquent.
3. When the law is remedial or procedural in nature.
4. When the law is curative in character.
5. When the law creates new substantive rights, so long as they DO NOT
PREJUDICE, Change or remove another right, from the SAME ORIGIN.
  Case: - Gumabon vs. Director of Prisons, 37 SCRA 420 (1971)
o Effects of Repeal/ Amendment of Penal Law
 With Reenactment
 Without Reenactment
 CONSTRUCTION OF PENAL LAWS
 1987 Constitution, Art. III, Sec 14(2)
2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel,
to be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to
have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused provided that he has been
duly notified and his failure to appear is unjustifiable.
 Pro Reo Doctrine
Where the evidence on an issue of fact is in question or there is doubt on which
side the evidence weighs, the doubt should be resolved in favor of the accused.
 Equipoise Rule
Where the evidence of the parties is evenly balanced, the case will be resolved
against the plaintiff, thus in criminal cases the accused must be acquitted and in
civil cases, the complaint must be dismissed
 Spanish Text of the RPC prevails over its English translation
Because it was approved by the Philippine Legislature in its Spanish Text.
 Cases: - People v. Manaba (58 Phil 665. 668) - Pascual vs Board of Medical
Examiners, 28 SCRA 344 (1969)
BASIC MAXIMS IN CRIMINAL LAW
a) NULLUM CRIMEN, NULLA POENA SINE LEGE “There is no crime if there is
no penal law punishing it”.
“Punished by the Revised Penal Code” and not by a special power.”
b) ACTUS NON FACIT REUM, NISI MENS SIT REA “The act cannot be criminal
where the mind is not criminal.”
c) ACTUS ME INVITO FACTUS NON EST MEUS ACTUS “An act done by me
against my will is not my act.”
d) EL QUE ES CAUSA DE LA CAUSA ES CAUSA DEL MAL CAUSADO “He
who is the cause of the cause is the cause of the evil caused.”
II. CODAL PROVISIONS OF THE REVISED PENAL CODE
Article 1 – Time when Act takes effect. – This Code shall take effect on the 1st of
January 1932. Article 2 – Application of Its Provisions
  Principle of Extraterritoriality

Except as provided in the treaties and laws of preferential application, the

provisions of this Code shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands
or obligations and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of
the obligations and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the

exercise of their functions; or

5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.

 English Rule v. French Rule  Cases: - People vs. Wong Cheng, (46 Phil 729)
- U.S. vs. Look Chaw, (18 Phil 573) - U.S. vs. Ah Sing, (36 Phil 978)
Article 3 – FELONIES

Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only be 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 wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Act – an overt or external act with the felony intended to be committed.

Example. The act of taking something without the consent with intent to gain
constitute the crime of theft.
Internal acts are beyond the sphere of penal law so long us he does not
commence the commission of the crime directly by overt, the person is not criminally
liable.
Art. 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
or over acts, and does not perform all the acts of execution which should produce the
felony by reason of some cause or accident other than this own spontaneous desistance

Omission – failure to perform a duty required by law.

Examples:
1. Anyone who fails to render assistance to any person whom he finds in an
uninhabited place wounded or in danger of dying, is liable for abandonment of
persons in danger. (Art. 275, par. 1)
2. An officer entrusted with collection of taxes who voluntarily fails to issue a receipt as
provided by law, is guilty of illegal exaction. (Art. 213, par. 2 (b) .)
3. Every person owing allegiance to the Philippine, without being a foreigner, and
having knowledge of nay conspiracy against the government, who does nor disclose
and make known the same to the proper authority, is liable for misprision of treason
(Art. 116)

ELEMENTS OF FELONIES
a. There must be an act or omission
b. That the act or omission must be punishable by the RPC
c. That the act is performed or the commission incurred by means of dolo or culpa

A. Felonies vs. Offense vs. Crime vs. Misdemeanor

B. Kinds of Felonies
1. INTENTIONAL FELONIES (DOLO)
 Elements
Performed or incurred with deliberate intent, the following requisites are;
1. He must have FREEDOM while doing an act or omitting to do ant;
2. He must have INTELLEGENCE while doing the act or omitting to do the act;
3. He must have INTENT while doing the act or omitting to do the act.
 Presumption of Criminal Intent
ACTUS NON FACIT REUM, NISI MENS SIT REA “The act cannot be criminal
where the mind is not criminal.”
ACTUS ME INVITO FACTUS NON EST MEUS ACTUS “An act done by me
against my will is not my act.”
 Distinctions between INTENT and MOTIVE
Motive is the moving power which impels one to action for a definite result.
Intent is the purpose to use a particular means to effect such result.
  How motive is proved
Motive is established by the testimony of witnesses on the acts or statements of
the accused before or immediately after the commission of the offense. Motive proved
by evidence.
 WHEN MOTIVE BECOMES MATERIAL IN DETERMINING CRIMINAL
LIABILITY
Where the identification of the accused proceeds from an unreliable source and
the testimony is inconclusive and not free form doubt, evidence of motive is necessary.
Where there are no eyewitnesses to the crime, and where suspicion is likely to
fall upon a number of persons, motive is relevant and significant.
If the evidence is merely circumstantial, proof of motive is essential.
Proof od motive is not indispensable where guilt is otherwise established by
sufficient evidence.
 Cases: - Barrioquinto v. Fernandez (1949) - People vs. Hassan, 157 SCRA
261 (1988) - People vs. Temblor, 161 SCRA 623 (1988) - People vs Delos
Santos GR No. 135919, May 9, 2003
 Mistake of Fact (Ignorantia Facti Excusat)
Relieves the accused from criminal liability. He did not act with criminal intent.
An honest mistake of fact destroys the presumption of criminal intent which
arises upon the commission of felonious act.
Requisites of mistake of fact as a defense
1. That the act done would have been lawful had the facts been as the accused
believed them to be:
2. That the intention of the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness on the part of the
accused.
 Cases: - People vs. Oanis, et.al. (74 Phil 257) - U.S. vs. Ah Chong (15 Phil
499)
2. CULPABLE FELONIES (CULPA)
Performed without malice.
 Elements
Imprudence, Negligence, Lack of foresight and Lack of Skill.
 Culpa distinguished from Dolo
Culpa when the wrongful acts results from Imprudence, Negligence, Lack of
foresight and Lack of Skill. Dolo when the act is performed with deliberately intent.
o RPC, Article 3 & 365
Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos).
 Article 365. Imprudence and negligence. - Any person who, by reckless imprudence,
shall commit any act which, had it been intentional, would constitute a grave felony,
shall suffer the penalty of arresto mayor in its maximum period to prision correccional
in its medium period; if it would have constituted a less grave felony, the penalty of
arresto mayor in its minimum and medium periods shall be imposed; if it would have
constituted a light felony, the penalty of arresto menor in its maximum period shall be
imposed.
o Cases: --People vs. Buan, 22 SCRA 1383 (1968)
C. Crimes Defined and Penalized by Special Laws
 MALA IN SE vs. MALA PROHIBITA  Case: -- Padilla vs. Dizon, 158 SCRA
127 (1988)
Article 4- CRIMINAL LIABILITY

Criminal liability. - Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different
from that which he intended.

2. By any person performing an act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means. ( Impossible crime: ex. Wife poisoned her
husband but did not die)

A. DOCTRINE OF PROXIMATE CAUSE

B. PROXIMATE CAUSE VS. REMOTE CAUSE
 Cases: - People v. Villacorta, G.R. No. 186412, September 7, 2011 - Rodolfo
Belbis Jr. y Competente and Alberto Brucales v. People, G.R. No. 181052,
November 14, 2012 - U.S. vs. Valdez (41 Phil 497) - People vs. Almonte (56 Phil
54) - People vs. Toleng et.al. (G.R. No. L-33535, January 17, 1975) - People vs.
Ortega, Jr. (276 SCRA 166) - Urbano vs. IAC (157 SCRA 10 [1988]) - People vs.
Abarca (153 SCRA 735 [1987]) - Bataclan vs. Medina (102 Phil. 181) - People
vs. Ulep (G.R. No. L-36858, June 20, 1988) - People vs. Bindoy (56 Phil 15)
C. CAUSES THAT PRODUCE A DIFFERENT RESULT
1. Error in personae -- Mistake in person
2. Aberratio ictus – Mistake in blow
3. Praeter intentionem – No intent to commit so grave a wrong as that committed
 Additional Cases: - People vs. Gona, (54 Phil 605) - People vs. Mabug-
at, (51 Phil 967) - People vs. Cagoco, (58 Phil 524)
D. IMPOSSIBLE CRIME
 Requisites  MODIFIED CONCEPT OF IMPOSSIBLE CRIME
 Cases: - Intod et.al. vs. C.A. (G.R. No. 103119, October 21, 1992) - People vs.
Domasian (March 1, 1993) - Jacinto vs. People (July 13, 2009)