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CRIMINAL LAW
A. Basic Principles
1. The territoriality principle states that transgressions against the state’s penal laws committed
within its territory shall be prosecuted solely by the said state. What are exceptions to this
principle?
a. When the offender should commit an offense while on a Philippine ship or airship;
b. When the offender should forge or counterfeit any coin or currency note of the Philippines or
obligations and securities issued by the Government of the Philippines;
c. When the offender should be liable for acts connected with the introduction into the Philippines
of the obligations and securities mentioned in the preceding number;
d. When the offender, while being a public officer or employee, should commit an offense in the
exercise of his functions;
e. When the offender committed of any of the crimes against National security and the laws of
nations, defined in Title One Book Two of the RPC. (Art. 2, RPC)
There is involved only one offended The offender intends to inflict It is when the injury is on the
party but the offender committed a injury on one person but the intended victim but the resulting
mistake in ascertaining the identity harm fell on another, which may wrong is graver than that
of the victim. be in addition to the injury on intended.
the originally intended victim.
There are two persons who are There are three persons There are two persons who are
present, the offender and the actual present: the offender, the present, the offender and the
victim. intended victim and the actual actual victim.
victim.
The cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause,
produces injury, and without which the result would not have occurred.(People vs. Villacorta, G.R. No.
186412, September 7, 2011)
Where death results as a direct consequence of the use of illegal violence, the mere fact that the
diseased or weakened condition of the injured person contributed to his death, does not relieve the
aggressor of criminal responsibility. (Garcia vs. People, G.R. No. 171951, August 28, 2009)
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6. What is Instilling Fear Rule?
If a man creates in another person’s mind an immediate sense of danger, which causes such person
to try to escape, and in doing so, the latter injures himself, the man who creates such state of mind is
responsible for the resulting injuries. (People vs. Castromero, G.R.118992, October 9, 1987)
Formal crimes are consummated in one instant or by performance of single act of execution. They
have no attempted or frustrated stage. I.e physical injuries, acts of lasciviousness, coup d’etat,
slander, perjury, false testimony, illegal possession of picklock. (Campanilla, Criminal LawReviewer, 2020)
a. Theft -The unlawful taking immediately consummates the offense and the disposition of the thing
is not an element thereof. (Valenzuela vs. People G.R. No. 160188,June 21, 2007);
b. Rape -The gravamen of the offense is carnal knowledge, no matter how slight the penetration,
the felony is consummated (People vs. Orita, ,G.R. 88724, April 3,1990);
c. Physical Injury - It cannot be determined whether the injury will be slight less serious, or serious
unless and until consummated;
d. Indirect Bribery - It is committed by accepting gifts offered to the public officer by reason of his
office. If he does not accept, he does not commit the crime. If he accepts, it is consummated;
e. Direct Bribery;
f. Corruption of Pubic Officers - It requires the concurrence of the will of both parties, such as
that when the offer is accepted, the offense is consummated. But when the offer is rejected the
offense is merely attempted;
g. Adultery - The essence of the crime is sexual congress.
Pertains to the act complained of. The act is justified. Pertains to the actor. The act is not justified but the
actor is exempt from criminal liability.
Because the act is justified, it is non-felonious. The The act is unjustified. Although the actor is exempt
non-criminal character of the act would make the from criminal liability, the exemption does NOT
actor exempt not only from criminal liability but also extend to civil liability arising from a crime.
from civil liability. A non-felonious act could not be a
source of civil obligation arising from a crime. Exception: No liability is incurred in:
In retaliation, unlawful aggression that was begun has already ceased when the accused attacked
him, while ins elf-defense, the unlawful aggression still existed when the aggress or as injured by the
accused. (Campanilla, Criminal Law Reviewer, 2020)
Upon cessation of the unlawful aggression and the danger or risk to life and limb, the necessity for
the person invoking self-defense to attack his adversary ceases (People vs. Cajurao, G.R.122767,January 20,
2004)
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12. What is Discernment?
It is the mental capacity to understand the difference between right and wrong. It is manifested
through the manner of committing the crime and through the conduct of the offender.(Guevara vs.
Almodavar, G.R. 75256, January 26, 1989)
13. May the mitigating circumstance of voluntary confession of guilt be appreciated by way of a
private letter-correspondence from the accused?
No. A voluntary confession of guilt is mitigating only if made prior to the presentation of evidence for
the prosecution. The letter is not considered as a confession of guilt since it was a denial of the rape
charge. Moreover, Jan pleaded not guilty to the charge. Thus, the confession of guilt cannot be
appreciated. (People vs. Ospig, G.R. No. 141766, November 18, 2003)
a. Craft;
b. Abuse of superior strength;
c. Employing means to weaken the defense;
d. Band (cuadrilla);
e. Aid of armed men;
f. Night time (Nocturnity) (Reyes, The Revised Penal Code: Book One, 2017)
15. Provide for the elements of (a) treachery and (b) evident premeditaion to be properly
appreciated as aggravating circumstance.
TREACHERY EVIDENT PREMEDITATION
1. 1.A previous decision by the accused to commit
1. At the time of the attack, the victim was not in a the crime;
position to defend himself; and 2. Overt act/acts manifestly indicating that the
2. The accused consciously and deliberately adopted accused clung to his determination; and
the particular means, methods, or forms of attack 3. A lapse of time between the decision to commit
employed by him. (People vs. Racal, G.R. No. the crime and its actual execution sufficient to
224886, September 4, 2017) allow accused to reflect upon the consequences
of his acts. (People vs. Isla, G.R. No. 199875,
November 21, 2012)
ENTRAPMENT INSTIGATION
Ways and means are resorted to for the capture of Instigation induces would be accused to commit
the lawbreaker in the execution of his criminal plan the crime, hence, he becomes a co-principal
The means originate from the mind of the criminal The law enforcer conceives the commission of the
crime and suggests to the accused who adopts
the idea and carries it into execution
Not bar to the prosecution and conviction of the It will result in the acquittal of the accused
lawbreaker
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18. What is the Single Larceny Rule?
It is the taking of several things, whether belonging to the same or different owners, at the same time
and place constitutes but one larceny or theft. The taking of several cows owned by different owners
at the same time and at the same place presupposes that there is a single theft committed, and the
criminal intention and act cannot be susceptible of division. (People vs.Jaranilla, G.R. NO. L-28547, February
22, 1974).
Yes. If forcible abduction is a necessary means to commit rape. (People vs. Amaro, G.R. No.199100, July 18,
2014).
However, if the main objective of the accused is to rape the victim, the crime committed is rape.
Forcible abduction is absorbed, since it is an indispensable means to commit .(People vs Domingo,G.R.
No. 225743,June 7, 2017)
Burning of the building or edifice, but death results by Arson. Homicide is absorbed.
reason or on the occasion of arson
Killing of a particular person, and in fact the offender has Separate and distinct crimes of Homicide/ Murder and
already done so, but fire is resorted to as a means to Arson
cover up the killing
(People vs. Abayon, 2016)
22. What are the rules in computing the maximum and minimum periods under ISLAW?
Maximum Anywhere within the range imposed by the RPC, Should not exceed what
considering all attending/modifying circumstances is prescribed under the
(mitigating and aggravating). special law.
Minimum Within range of penalty, 1 degree lower than that Should not be less than
prescribed by RPC, without considering any ordinary the minimum prescribed
aggravating or mitigating circumstances. In the case of by law. (Sec.1, Act 4103)
a complex crime, DO NOT consider the fact that the
higher penalty shall be imposed in its maximum period.
Consider all others (i.e., special aggravating, privileged
mitigating, etc.).
Under the three-fold rule, in serving multiple sentences, the period of imprisonment that a convict
must serve must not exceed three-fold the length of time corresponding to the most severe of the
penalties imposed upon him. (Campanilla, Criminal Law Reviewer, 2018)
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D. Service of sentence
24. May a person charged of a heinous crime benefit from the Good Conduct Allowance (GCTA)?
No. Article 29 on GCTA for detention prisoner has a qualifying proviso, which is quoted as
follows:“Provided, finally, That recidivists, habitual delinquents, escapees and persons charged with
heinous crimes are excluded from the coverage of this Act.” Additionally, the Revised Implementing
Rules of RA 10592 state that a PDL charged of heinous crimes is not entitled to any credit for
preventive imprisonment. (Miguel vs. Director of Bureau Prisons, UDK-15368,September 15, 2021)
25. X was convicted of homicide, a non-probationable crime, by the trial court. However, the
higher court found X liable for reckless imprudence resulting in homicide, which is a
probationable crime, because of lack of dolo. May X apply for probation?
Yes. Under this provision, when a judgment of conviction imposing a non-probationable penalty is
appealed or reviewed, and such judgment is modified through the imposition of a probationable
penalty, the defendant shall be allowed to apply for probation based on the modified decision before
such decision becomes final. (Sec. 4, R.A. 10707)
When the death of the offender occurs after final judgment, only his criminal liability is extinguished.
However, his civil liability is not affected by his death. Hence, despite the death of a convict after
finality of conviction for theft, his heirs are obligated to return to the offended party the stolen
properties. When the death of the offender occurs before final judgment, his liability as to the
personal penalties and pecuniary penalties is extinguished under Article 89 of the Revised Penal
Code. ( People v. Bayotas, G.R. No. 102007, September 2, 1994).
Upon death of an accused pending appeal, his criminal liability and the corresponding civil liability
arising from crime are extinguished, but civil liability arising from other source of obligation such as
quasi-delict, contract, quasi-contract or law survives. (Ibid.)
If the victim merely suffered slight physical injuries, the accused should be held liable for discharge of
firearm. Since slight physical injury is a light felony, it cannot be made a component of a compound
crime. (Campanilla, Criminal Law Reviewer Vol. II, 2020 p.400)
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G. Crimes against property
31. X snatched the necklace of V without violence or intimidation. What crime is committed?
Theft. For the requisite of violence to obtain in cases of simple robbery, the victim must have
sustained less serious physical injuries or slight physical injuries in the occasion of the robbery.(Del
Rosario vs. People, G.R. No. 235739)
32. What are the elements of special complex crime of Robbery with Homicide?
33. What are the cases where Homicide is said to have been committed by reason or on the
occasion of robbery?
34. V was shot while the accused, X was robbing the passengers of jeepney. V’s bag was not
taken by X. Is X liable for special complex crime of Robbery with Homicide?
Yes, as long as homicide occurs by reason of the robbery or on the occasion thereof, the special
complex crime of Robbery with homicide is committed. (People vs. Madrejelos,G.R. No. 225328, March 21,
2018)
35. Distinguish Estafa under par. 2(d), Art. 315 of the RPC from violation of B.P. 22.
36. Distinguish Physical Possession from Legal Possession in relation to Estafa and Theft.
If the accused received the property with the consent of the owner but he merely acquired physical
possession in doing so, misappropriation shall be considered as taking without consent hence, the
crime committed is theft (U.S. v. De Vera, G.R. No. L-16961, September 19, 1921) or qualified theft (People v.
Tanchanco, G.R. No. 177761 April 18, 2012).
If the accused received the property with the consent of the owner and he acquired legal possession
in doing so by virtue of trust, commission, administration or obligation involving the duty to make
delivery or return such as lease, deposit, commodatum, or quasi-contract,misappropriation shall be
considered as estafa through conversion or misappropriation. (D’Aiglevs. People, G.R. No. 174181, June 27,
2012).
37. Discuss the act punishable under the Article 319 of the RPC in relation to R.A. 11057
otherwise known as the "Personal Property Security Act".
Under Article 319 of the Revised Penal Code, any person who shall knowingly remove any personal
property mortgaged under the Chattel Mortgage Law to any province or city other than the one in
which it was located at the time of the execution of the mortgage, without the written consent of the
mortgagee shall be liable for removal, sale or pledge of mortgaged property
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However, under Section 47 (b) of R.A. 11057, the secured creditor may be allowed to remove the
fixture from the real property to which it is affixed without judicial process if the collateral is a fixture
and he has priority over all owners and mortgagee.
Any private person Any private person Any private person or Any public officer
any public officer not vested with authority to
vested with authority to detain or order the
detain or order the detention of another
detention of another
Intent to deprive Intent to deprive liberty Intent to deliver the Intent to disregard the
liberty victim to the proper constitutional right
authorities against unreasonable
seizure
39. Accused committed robbery inside a factory. Before they could leave the premises after the
commission of the robbery, the police authorities were already at the scene of the crime.
Since they cannot escape, they detained 21 victims. After 22 hours of captivity, the hostages
were rescued. What crime/s committed?
Robbery. Since the principal intention of the accused is to rob the victims, and the deprivation of their
liberty is just incidental to the prevention of the responding police officers from arresting them, the
crime committed is robbery, which absorbed incidental kidnapping and serious illegal detention.
(People v. Astor, G.R. Nos. L-71765-66, April 29, 1987)
40. A, B and C are police officers who detained X, a suspected drug trafficker and demanded
ransom payment. Are A, B, and C liable for Arbitrary Detention?
No. Detaining any private person for the purpose of extorting any amount of money could not, in any
way, be construed as within their official functions of police officers. Their badges or shields do not
give them immunity for any criminal act. (People vs. Popionco, G.R. No.200512,June 07, 2017)
Hence, they are liable for kidnapping for ransom and not arbitrary detention. Even the subsequent
prosecution of the kidnapped victim for sale of dangerous drugs does not negate the criminal liability
of the accused for the crime the latter committed against the former. (People vs. Borja, G.R. No. 199710,
August 02, 2017)
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I. Crimes against Public Interest
Making untruthful statement is the actus reus of perjury and falsification. The difference lies in the
nature of the document. Making untruthful statement in a sworn document constitutes perjury.
Making untruthful statement in an unsworn document constitutes falsification of document.(Sevilla v.
People, G.R. No. 194390, August 13, 2014)
When the offender commits on a public, official or commercial document any of the acts of
falsification enumerated in Article 171 as a necessary means to commit another crime like estafa,
theft or malversation, the two crimes form a complex crime proper. (Tanenggee vs. People, G.R.No. 179448
June 26, 2013)
43. If the offender who used a falsified document is the same person who falsified it. May the
offender be liable for both crimes?
No. If the one who used the falsified document is the same person who falsified it, the crime is only
falsification and the use of the same is not a separate crime. Falsification of a public document and
use of false document by the same person who falsified it constitute but a single crime of falsification.
(Jayme vs. People, G.R. No. 248827, August 27, 2020)
J. R.A. 9262 (Anti-Violence Against Women and Their Children Act of 2004)
44. May physical abuse be considered psychological violence under R.A. 9262?
Yes. Although under R.A. 9262, physical violence and psychological violence are two distinct and
separate punishable acts, If the infliction of bodily injuries resulted in the victim’s mental anguish and
emotional suffering the proper crime is psychological violence and not physical abuse. (Dinamling v.
People, G.R. No. 199522, June 22, 2015)
45. May a defendant interpose the defense that his marriage with the complainant is void to
absolve his criminal liability under RA 9262 when he stopped giving financial support to the
complainant and any common children?
No. R.A. No. 9262 defines and criminalizes violence against women and their children perpetrated
by the following:
1. woman’s husband,
2. former husband or
3. any person against whom the woman has or had a sexual or dating relationship with, or
4. any person with whom the woman has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or likely to result in, inter alia,
economic abuse or psychological harm or suffering.
Thus, the offender need not be related or connected to the victim by marriage or former marriage, as
he could be someone who has or had a sexual or dating relationship only or has a common child
with the victim. (Reyes vs. People, G.R. No. 232678, July 3, 2019)
K. R.A. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination)
46. A saw V and his companions hurting his minor daughters. Angered, A struck V who is a
minor, at the back with his hand and slapped his face. Is A liable for child abuse under R.A.
7610?
No. A committed the act at the spur of the moment and without intent to degrade the dignity of the
victim. Without such intent, the crime is not child abuse under R.A. No. 7610but merely slight
physical injuries. (Bongcalon vs. People, G.R. No. 169533, March 20, 2013)
47. X, a 15-year old boy inserted his finger into vagina of V, a 11-year old girl. Is X liable for Child
Abuse under R.A. No. 7610?
No. R.A. No. 7610 is not applicable since the accused is also a minor. RA 7610 was enacted in order
to protect children from abuse, exploitation, and discrimination by adults and not by persons who are
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also children themselves. Section 5 of RA 7610 expressly states that a child is deemed to be
sexually abused when coerced or influenced by an adult, syndicate, or group. (BBB vs. People,G.R. No.
249307, August 27, 2020)
48. If the acts of the offender constitute acts of under RPC and sexual abuse under R.A. No. 7610.
May the offender be prosecuted under RPC or R.A. No. 7610?
If committed against a child who is 12 years of age or above, the accused shall be prosecuted under
RA No. 7610, since this law prescribes a higher penalty. The crime will be designated as lascivious
conduct.
If committed against a child, who is under 12 years of age, the accused shall be prosecuted for acts
of lasciviousness under RPC but the penalty of reclusion temporal in its medium period under RA
No. 7610 shall be imposed. The crime will be designated as acts of lasciviousness under RPC in
relation to R.A. 7610.
49. Distinguish sexual harassment under Safe Spaces Law and Sexual Harassment Law
The gravamen of the offenses punished under the Safe Spaces Act is the act of sexually harassing a
person on the basis of his/her sexual orientation, gender identity and/or expression, while that of the
offense punished under the Anti-Sexual Harassment Act of 1995 is abuse of one's authority,
influence or moral ascendancy so as to enable the sexual harassment of a subordinate.(Escandor vs.
People, G.R. No. 211962, July 6, 2020)
Public Spaces refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants,
transportation terminals, public markets, spaces used as evacuation centers, government offices,
public utility vehicles as well as private vehicles covered by app-based transport network services
and other recreational spaces such as, but not limited to, cinema halls, theaters and spas. [Sec. 3(g)]
Catcalling refers to unwanted remarks directed towards a person, commonly done in the form of
wolf-whistling (distinctive two-tone whistle denoting sexual desire) and misogynistic, transphobic,
homophobic, and sexist slurs [Sec. 3(a)]
This Act applies to the processing of all types of personal information and to any natural and juridical
person involved in personal information processing including those personal information controllers
and processors who, although not found or established in the Philippines, use equipment that are
located in the Philippines, or those who maintain an office, branch or agency in the Philippines. (Sec.
4)
53. What are the crimes punishable under Data Privacy Act of 2012?
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