Criminal Law Review
Criminal Law Review
CRIMINAL LAW is that branch of law which defines CRIMES, TREATS OF THEIR NATURE,
and PROVIDES FOR THEIR PUNISHMENT.
GENERAL - criminal law is binding on all person who live and sojourn in Philippine
territory
XPN: (extra-territoriality)
PROSPECTIVE – criminal law cannot make an act punishable in a way it was not
punishable when committed
- Unless favorable to the accused
ARTICLE 1
Provisions of the RPC shall be enforced not only within the Philippine Archipelago, but
also outside of its jurisdiction in certain cases (enumerated under art 2)
Acts committed in the air, at sea, and even in a foreign country when such acts affect the
political or economic life of the nation.
ARTICLE 3
FAULT – when the wrongful act results from IMPRUDENCE, NEGLIGENCE, LACK OF
FORESIGHT, OR LACK OF SKILL
Justifying circumstances
1. Unlawful aggression on the part of the person killed
2. Reasonable necessity of the means employed to prevent or
repel it
3. Lack of sufficient provocation on the part of the person
defending himself
MALA IN SE wrongful from their nature (inherently wrong) such as theft, rape, homicide,
etc. serious on their effects on society (intent is a defense)
MALA PROHIBITA or wrong merely because prohibited by statute, such as illegal
possession of
Firearms (violations of mere rules) (intent not a defense)
Intent/motive
Motive is not essential element of a crime – need not be proved.
Motive is established by the testimony of witnesses on the acts or statements of the
accused
ARTICLE 4
CRIMINAL LIABILITY
He who is the cause of the cause, is the cause of the evil cause.
ARTICLE 5
Duty of the Judge to apply the law as interpreted by the supreme court.
Regardless of their private opinion.
It is a well-settled rule that the courts are not concerned with the wisdom, efficacy or morality of
laws. That question falls exclusively within the province of Legislature which enacts them and
the Chief, Executive who approves and vetoes them. The only function of the judiciary is to
interpret the laws and, if not in disharmony with the Constitution, to apply them.
ARTICLE 6
CONSUMATED when all the elements necessary for its execution and accomplishment are
present.
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.
DEVELOPMENT OF CRIME
Internal acts – mere ideas in the mind of a person are NOT PUNISHABLE even if had they
been carried out would constitute a crime. Intention and effect must concur.
External acts –
1. Preparatory (not punishable)
2. Acts of execution (punishable) attempted, frustrated, and consummated
OVERT ACTS – is some physical activity or deed, indicating the intention to commit a
particular crime, more than a mere planning or preparation, which if carried to its complete
termination following its natural course, without being frustrated by external obstacles nor by the
voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete
offense.
Conspiracy – there must be unity of purpose and unity in the execution of the unlawful objective.
Conspiracy renders all the conspirators as co-principals regardless of the extent and character
of their participation because in contemplation of law the act of one conspirator is the act of all.
Mere presence of a person at the scene does not make him a conspirator for conspiracy
transcends companionship.
Punishable only in the case in which the law specifically provides a punishment
therefore.
REQUISITES OF PROPOSAL
1. The person has DECIDED to COMMIT a crime
2. Such person proposes the EXECUTION of such crime to some other person
or persons (there must be an overt act)
3. There must be a law prescribing a penalty
4. AGREEMENT AND DECIDED to commit such crime (2 or more persons
come to agreement)
LIABILITY AS CONSPIRATOR
Note: even he was not present in the crime scene – what is material is the
inducement of the commission of the crime. Command and Advice.
1. Dissociate
2. Detach
3. Must be performed in overt act to prevent the commission
EFFECTS OF DETACHING:
1. DONE BEFORE
a. Must made an effort to prevent the commission of the crime
b. EXEMPT from criminal liability because he detach himself
2. WHILE IN PROCESS
a. Conspirator left the crime scene
b. Must report the incident to the police authority
c. NOT CRIMINALY LIABLE
d. BUT-if he did not report to the police- he is not exempted because
nothing to repudiate
3. AFTER
a. CRIMINALLY LIABLE
b. The crime materialized, nothing to prevent
JACA PRINCIPLE
Such as:
EXCEPTIONS:
1. Parricide – only spouses – not stranger
2. Qualified theft – employee only – not non employee – (thrust of confidence or
personal relationship is required.
CANTURIA PRINCIPLE
Simple rape
-present crime –
RECLUSION
PERPETUA
There is no
reiteracion
because past is
lesser than
present
Grave slander,
qualified
trespass to
dwelling and
robbery
PERIOD OF Date of Trial of Not material Not material Date of conviction
TIME the present of subsequent
crime in relation crime in relation
to date of too the date of his
conviction of the last release or
previous crime conviction
DELITO CONTINUADO
Etc
The taking of several things, whether belonging to the same or different owners at the
same time and place. (several counts one crime)
FORKNOWLEDGE PRINCIPLE
If the accused committed the firs criminal act without foreknowledge that he will commit
the second, the acts could not be said to have been committed under the criminal acts could not
be said to have been committed under a single criminal intent or impulse.
1. Self-defense
ELEMENTS:
a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or
repel it
c. Lack of sufficient provocation on the part of the person
defending himself
2. DEFENSE of RELATIVE
a. Unlawful aggression
b. Reasonable necessity of the means employed to
prevent or repel it
c. Lack of participation in relative’s participation
3. DEFENSE OF STRANGER
a. Unlawful aggression
b. Reasonable necessity xxx
c. Accused be not induced by revenge, resentment, or evil
motive
CEASED AGGRESSION
When aggression ceased – example naagaw na ung kutsilyo, wala ng
imminent danger
MITIGATING ONLY
DEFENSE OF PROPERTY
MISTAKE OF FACT
The accused must not have given cause for the aggression by his
unjust conduct or by inciting or provoking the victim
In order to qualify:
PERFORMANC OF DUTY
Insanity
Imbecility
Accident
Irresistible force
Uncontrollable fear
Lawful and insuperable cause
Minority