CRIMINAL LAW AND JURISPRUDENCE

CGD LAST MINUTE TIPS

I. CRIMINAL LAW (BOOK 1)
1. What is Criminal Law?
That branch of public substantive law which defines crimes, treats of their nature, and
provides for their punishment.
2. What is Mala Prohibita?
An act that is considered a crime because it is prohibited by statute, although the act itself
is not necessarily immoral
3. What are the characteristics of Criminal Law?
a. Generality - Criminal law is binding to all persons living or sojourning in the
Philippine territory.
b. Territoriality - Penal laws are applicable within Philippine territory.
- Territorial Sea (within 12 nautical miles) – has jurisdiction
- Contigous Zone (beyond 12 nautical miles and within 24 nautical miles from the
baseline) – has jurisdiction over crimes in violation of environmental, customs, and
sanitation laws.
- Exclusive Economic Zone – no jurisdiction
- High Seas – no jurisdiction
Exception: Extraterritorial application under Art. 2 of the RPC.
c. Prospectivity - A penal law cannot make an act punishable in a manner in which it
was not punishable when committed.
Exception: When the new law is favorable to the accused.
Exception to exception: When the accused is not a habitual delinquent.

4. What is Ex Post Facto Law?

- Makes criminal an act done before the passage of the law and was innocent when done,
and punishes such an act.
- Aggravates a crime, or make it greater than it was, when committed;
- Changes the punishment and inflicts a greater punishment than what the law provides;
- Alters the legal rules of evidence, and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense;
- Deprives a person accused of a crime some lawful protection to which he has become
entitled.

5. French Rule VS English Rule

- French Rule – Such crimes are not triable in the courts of that country, unless their
commission affects the security of the territory or the safety of the state is endangered.
- English Rule – Such crimes are triable in that country, unless they merely affect things
within the vessel or they refer to the internal management thereof.

6. What are the elements of Felony (delito)?

- That there must be an act or omission.
- The act or omission must be punishable by the R.P.C.
- That the act is performed or the omission incurred by means of dolo (deceit) or culpa
(fault).

7. Actus Non Facit Reum, Nisi Mens Sit Rea – the act itself does not make a man guilty
unless his intention were so.
8. Actus Me Invito Factus Non Est Meus Actus – an act done by me against my will is not
my act
9. Mistake of Fact
- It is a misapprehension of fact on the part of the person who caused injury to another.
- He is not however, criminally liable, because he did not act with criminal intent.
- An honest mistake of fact destroys the presumption of criminal intent which arises upon
the commission of a felonious act.
- In mistake of fact, the act done by the accused would have constituted :
a. Justifying circumstances under Art. 11
b. Absolutory cause under Art. 247, par. 2
c. Involuntary act

10. Stages of the Execution of Crime

- 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.

11. What are the requisites of impossible crime?

- That the act performed would be an offense against persons or property.
- That the act was done with evil intent.
- That its accomplishment is inherently impossible, or that the means employed is either
inadequate or ineffectual.
- That the act performed should not constitute a violation of another provision of the R.P.C.

12. Error in Personae VS Aberratio Ictus VS Praeter Intentionem

- Error in Personae – mistake in the identity of the victim.
- Aberratio Ictus – there is a mistake in the blow.
- Praeter Intentionem – the injurious result is greater than that intended.

13. What is Proximate Cause?

- Is that cause which, in natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without which the result would not have been
occurred.

14. Manner of Committing Crimes

- Formal Crimes – consummated in one instant by a single act, no attempt. Ex. Slander
and false testimony.
- Crimes consummated by mere attempt or proposal or by overt act. – Ex. Flight to
enemy’s country
- Felony by omission – no attempted stage because the offender does not execute acts.
- Crimes requiring the intervention of two persons to commit them are consummated
by mere agreement. Ex. Corruption of public officer
- Material Crimes – those which undergoes the stages of crime such as attempted,
frustrated, or consummated.

15. Indication of Conspiracy

- It is fundamental for conspiracy to exist that there must be common design – unity of
purpose and unity in the execution of unlawful objective.

16. Latin Terms:

1. Nullum Crimen, Nulla Poena Sine Lege – there is no crime when there is no law
punishing it.
2. Actus Non Facit Reum, Nisi Mens Sit Rea – the act itself does not make a man guilty
unless his intention were so.
- a crime is not committed if the mind of the person performing the act
complained be innocent.
3. Ignorantia Legis Non Excusat – ignorance of the law excuses no one from compliance
therewith.
4. Ignorantia Facti Excusat – ignorance or mistake of fact relieves the accused from
criminal liability.
5. Actus Me Invito Factus Non Est Meus Actus – an act done by me against my will is
not my act

17. Continuing VS Complex Crime

18. What are the requisites of Self – Defense?
- First. Unlawful aggression.
- Second. Reasonable necessity of the means employed to prevent or repel it.
- Third. Lack of sufficient provocation on the part of the person defending himself.

19. Doctrine of Rational Equivalence:

- Rational equivalence presupposes the consideration not only of the nature and quality of
the weapons used by the defender and the assailant, but of the totality of circumstances
surrounding the defense vis-à-vis the unlawful aggression. [Espinosa v. People, G.R. No.
181071 (2010)]

20. Stand Your Ground Principle:

- A person is justified in the use of deadly force and does not have a duty to retreat if he
reasonably believes that such force is necessary to prevent imminent death or great bodily
harm to himself or herself. [U.S. v Domen, G.R. No. L-12963 (1917)]

21. What is Battered Woman Syndrome?

- Scientifically defined pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse. [Sec. 3(c), R.A. 9262
- People v. Genosa doctrine
a. Battered woman syndrome (BWS) is characterized by a “cycle of violence”, which is made
up of three phases. For the BWS to be available as a defense, it must be proven that there
has been more than one cycle. [People v. Genosa, G.R. No. 135981 (2004)]]
o First Phase: Tension Building Phase
o Second Phase: Acute Battering Incident
o Third Phase: Tranquil Period

22. When Exempt from Criminal Liability:

- A child 15 years or under at the time of the commission of the offense shall be exempt
from criminal liability. A child is deemed to be 15 years of age on the date of his/her 15th
birthday.
- A child above 15 years but below 18 years of age who acted without discernment shall be
exempt from criminal liability. [Sec. 6, R.A. 9344]
23. Privilege VS Ordinary Mitigating
- Privilege – cannot be offset by an aggravating circumstance.
- Ordinary – can be offset.
24. Recidivism
- Offender is on Trial for an offense;
- He was Previously Convicted by final judgment of another crime;
- That both the 1st and 2nd offenses are embraced in the Same title of the Code; and
- Offender is Convicted of the new offense

25. Reiteracion of Habituality

- Accused is on Trial for an offense;
- He Previously Served sentence for another offense to which the law attaches:
a. an equal or greater penalty, or
b. For 2 or more crimes to which it attaches lighter penalty than that for the new offense; and
- That he is Convicted of the new offense.

26. What is Treachery or Alevosia?

- Offender Consciously Adopts particular means, methods, or forms tending directly and
specially to ensure the execution of the crime.
- The employment of such means gave the offended party No opportunity to defend himself
or retaliate.

27. Alternative Circumstances:

- Relationship
o Crime against chastity including rape – always aggravating
- Intoxication
- Degree of Education/instruction

28. Absolutory Causes

- Those where the act committed is a crime but for reasons of public policy and sentiment
there is no penalty imposed. [People v. Talisic, G.R. No. 97961 (1997)]
29. Wheel Conspiracy VS Chain Conspiracy
30. Principal VS Accomplice VS Accessory
- PRINICIPAL
o The following are considered principals:
 Those who take a direct part in the execution of the act;
 Those who directly force or induce others to commit it;
 By using irresistible force or causing uncontrollable fear
 By giving of price or offering of reward or promise or using words of command
 Those who cooperate in the commission of the offense by another act without which it
would not have been accomplished.
- ACCOMPLICE - Accomplices are the persons who, not being included in Article 17,
cooperate in the execution of the offense by previous or simultaneous acts.
o An accomplice cooperates in the execution of the offense by previous or simultaneous
acts, provided he has no direct participation in its execution or does not force or induce
others to commit it, or his cooperation is not indispensable to its accomplishment. [People
v. Mandolado, supra]
o Requisites:
 Community of Design: Knowing and concurring with the criminal design of the principal by
direct participation
 Cooperation in the execution of the offense by previous/simultaneous acts with the intent
of supplying material/moral aid; and
 Relationship between acts of the principal and those attributed to the accomplice [REYES,
Book 1]
- ACCESSORY
o Accessories are those who, having knowledge of the commission of the crime, and without
having participated therein, either as principals or accomplices, take part subsequent to its
commission in any of the following manners:
 By profiting themselves or assisting the offender to profit by the effects of the crime.
 By concealing or destroying the body of the crime, or the effects or instruments thereof, in
order to prevent its discovery.
 By harboring, concealing, or assisting in the escape of the principals of the crime, provided
the accessory acts with abuse of his public functions or whenever the author of the crime
is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive,
or is known to be habitually guilty of some other crime.
31. Quasi – Recidivism
- Art. 160. Commission of another crime during service of penalty imposed for
another offense; Penalty. - Besides the provisions of Rule 5 of Article 62, any person
who shall commit a felony after having been convicted by final judgment, before beginning
to serve such sentence, or while serving the same, shall be punished by the maximum
period of the penalty prescribed by law for the new felony.
- Requisites:
o Convicted by final judgment of one offense.
o Committed a new felony Before/During service of such sentence. [Art. 160, RPC]
32. Multi – Recidivism/ Habitual Delinquency
- Requisites
o Offender had been convicted of any of the crimes of Theft; Falsification; serious or less
serious physical Injuries; Robbery; Estafa.
 o After conviction or after serving his sentence, he again committed, and, within 10 years
from his release or first conviction, he was again convicted of any of the said crimes for the
2nd time
o After his conviction of, or after serving sentence for the second offense, he again
committed, and, within 10 years from his last release or last conviction, he was again
convicted of any of said offenses, the 3rd time or oftener. [Art. 62, RPC]
- NOTE: Computation of the 10-year period can start from either the conviction OR release
of the accused in his previous crime and shall end with the date of his conviction in the
subsequent crime. [People v. Lacsamana, G.R. No. L-46270 (1938)]
-
33. What is Three-Fold Rule?
- Maximum duration of convict’s sentence: Shall not be more than three (3) times the
length of time corresponding to the most severe penalty imposed upon him.
- Limitation of maximum period: Period shall in no case exceed forty (40) years.
- Effect if total imposed sentence is more than the maximum allowed: No other penalty
shall be inflicted after the sum total of those imposed equals the same maximum period.
- NOTE: Three-fold rule applies although the penalties were imposed for different crimes, at
different times, and under separate informations [Torres vs. Superintendent, G.R. No.
40373 (1933)
34. Complex Crimes
- When a single act constitutes two or more grave or less grave felonies, or when an offense
is a necessary means for committing the other, the penalty for the most serious crime shall
be imposed, the same to be applied in its maximum period.
o Complex crime proper
o Compound Crime
35. Special Complex Crime
- In substance, there is more than one crime; but from the eyes of the law, there is only one.
The law treats it as a single crime for which it prescribes a single penalty. It is also called a
composite crime.
- Requisites:
o 2 or more crimes are committed
o But the law treats them as a Single, Indivisible, and unique offense
o Product of Single Criminal Impulse
36. One Larceny Doctrine
- For prosecution of theft cases, the one larceny doctrine provides that the taking of several
things, whether belonging to the same or different owners, at the same time and place,
constitutes one larceny only so long as there is a single criminal impulse. [Santiago v.
People, G.R. No. 109266 (1993)]
37. What is Subsidiary Penalty?
- An imprisonment imposed to a convicted person who cannot pay the fine at the rate of
minimum wage per day.

II. CRIMINAL LAW (BOOK 2)

1. Treason
- 1. Treason – breach of allegiance to a government, committed by a person who owes
allegiance to it [U.S. v. Abad, G.R. No. 976 (1902)]
- 2. Two (2) Modes of Commission [LA]:
- a. Levying War
- b. Adherence to the Enemy and Giving of Aid and Comfort
- 3. Place of Commission
- a. Treason by a Filipino citizen - can be committed outside of the Philippines.
- b. Treason by an alien - must be committed in the Philippines.
- 4. Treason is a continuing offense – It is of such a nature that it may be committed by
one single act, by a series of acts, or by several series thereof, not only in a single time,
but in different times, it being a continuous crime. [People v. Victoria, G.R. No. L-369
(1947)]
- 2 Ways of Proving Treason:
o Testimony of at least two witnesses to the same overt act; or
 The Two-Witness Rule
 The testimony of two witnesses is required to prove the overt act of giving aid or
comfort, but it is not necessary to prove adherence. Each of the witnesses must testify to
the whole overt act; or if it is separable, there must be two witnesses to each part of the
overt act. [People v. Escleto, G.R. No. L-1006 (1949)]
o Confession of accused in open court.
2. Piracy

- Mode 1: Attacking or seizing - Mode 2: Seizing vessel the CARGO

the VESSEL

- 1. The Vessel is on the high seas or Philippine waters

- 2. Offender may be a - 2. Offenders are Neither members of its complement

Complement or nor passengers of the vessel
- passenger of the Vessel

- 3. The Offenders Attacks or - 3. Offenders are Neither members of its complement

Seizes the vessel nor passengers of the vessel

- 4. There is Intent to gain

- High Seas - The parts of the seas that are not included in the exclusive economic zone, in
the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an
archipelagic state. [Convention on the Law of the Sea]
- The jurisdiction of piracy unlike all other crimes has no territorial limits. Pirates are in law
hostes humani generis. Piracy is a crime not against any particular State but against all
mankind. It may be punished in the competent tribunal of any country where the offender
may be found or into which he may be carried. [People v. Lol-lo and Saraw, supra.]
3. Arbitrary Detention - Any public officer or employee who without legal grounds detains a
person.
- If committed by Private Individual or Public Officer who has no authority to detain a person,
the crime is ILLEGAL DETENTION.
4. Delay in the Delivery of Detained Persons to the Proper Judicial Authorities
- Offender is a Public officer or employee
- He Detains a person for some legal ground (includes valid warrantless arrests)
- He Fails to deliver such person to the proper judicial authorities within –
a. 12 hours for light penalties
b. 18 hours for correctional penalties
c. 36 hours for afflictive or capital penalties

5. Violation of Domicile
- Offender is a Public officer or employee
- He is Not authorized by judicial order
- He performed the following acts:
a. Entered the dwelling against the will of the owner;
b. Searched for papers or other effects therein without the previous consent of such
owner; or
c. Refused to leave the premises, after having surreptitiously entered such dwelling and
having been required to leave the same.
NOTE: If committed by a private individual, the crime is TRESSPASS TO
DWELLING….
6. Rebellion
- There is a Public uprising
- There must be taking of Arms against the government
- The Purpose of the uprising or movement is to:
a. Remove from the allegiance to the government or its laws the Philippine territory or any
part thereof, or any body of land, naval, or other armed forces; or
b. Deprive the Chief Executive or Congress, wholly or partially, of any of their powers or
prerogatives.
• - PRINCIPLE OF ABSORPTION - All crimes, whether punishable under special or general
law, which are mere components or ingredients, or committed in furtherance thereof,
become absorbed in the crime of rebellion and cannot be isolated and charged as
separate crimes themselves. [People v. Hernandez G.R. No. 6025 (1964) & Enrile v.
Amin, G.R. No. 93335 (1990)]
7. Parliamentary Immunity
- Members of Congress cannot be arrested for offenses punishable by a penalty less than
prision mayor (6 years and 1 day to 12 years), while Congress is in session. They can be
prosecuted after Congress adjourns. [Art. VI, Sec. 11, 1987 Constitution]
8. Direct Assault
- Two (2) Modes of Commission:
o Without public uprising, by employing force or intimidation for the attainment of any of the
purposes enumerated in defining the crimes of rebellion and sedition
o Without public uprising, by attacking, by employing force or by seriously intimidating or by
seriously resisting any person in authority or any of his agents, while engaged in the
performance of official duties, or on occasion of such performance.
9. Indirect Assault
- Elements: (FAU)
o A person in authority or his agent is the victim of any of the Forms of direct assault defined
in Article 148;
o A person comes to the Aid of such authority or his agent;
o Offender makes Use of force or intimidation upon such person coming to the aid of the
authority or his agent.
- NOTES: Indirect assault presupposes that direct assault was committed.

10. Alarms and Scandals

- Mode 1: Discharging any firearm, rocket, firecracker, or other explosive within any town or
public place, calculated to cause (which produces) alarm or danger;
- Mode 2: Instigating or taking an active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility.
- Mode 3: Disturbing the public peace while wandering about at night or while engaged in
any other nocturnal amusements.
- Mode 4: Causing any disturbances or scandal in public places while intoxicated or
otherwise, provided Art. 153 (tumults and other disturbances of public order) is not
applicable.
11. Delivering Prisoners from Jail
- There is a person Confined in a jail or penal establishment; and
- Offender Removes therefrom such person or helps the escape of such person.
12. Evasion of Service of Sentence
- Offender is a Convict by final judgment;
- He is Serving sentence which consists in the deprivation of liberty;
- He Evades service of his sentence by escaping during the term of his imprisonment.
13. Falsification VS Forgery
- Falsification - By erasing, substituting, counterfeiting or altering by any means, the figures,
letters, words, or signs contained therein. [Id.]
- Forgery - By giving any treasury or bank note, or any instrument payable to bearer, or to
order the appearance of a true and genuine document. [REYES, Book 2]
14. Falsification of Private Document
- Damage to third person is necessary.
15. Usurpation of Authority
- Offender Knowingly and falsely represents himself;
- As an Officer, agent or representative of any department or agency of the Philippine
government or of any foreign government.
16. Usurpation of Official Functions
- Offender Performs any act;
- Act pertains to any person in Authority or public officer of the Philippine government or any
foreign government, or any agency thereof;
- Under Pretense of official position;
- Without being Lawfully entitled to do so.
17. Perjury
- Perjury is a crime other than false testimony under Arts. 180 to 182; it is an offense which
covers false oaths not taken in the course of judicial proceedings. [US v. Estraña, G.R. No.
5751 (1910)]
- Elements:
o Offender Makes a statement under oath or executes an affidavit upon a material matter;
o Statement or affidavit is made Before a competent officer, authorized to receive and
administer oaths;
o Offender makes a Willful and deliberate assertion of a falsehood in the statement or
affidavit;
o The sworn statement or affidavit containing
o the falsity is Required by law; made for a legal purpose.

18. Grave Scandal

- Consists of acts which are offensive to decency and good customs which, having been
committed publicly, have given rise to public scandal to persons who have accidentally
witnessed the same. [REYES, Book 2]
- Elements: [PSNP]
o The offender Performs an act/acts;
o Such act/s are highly Scandalous as offending against decency or good customs;
o The highly scandalous conduct is Not expressly falling within any other Art. of the RPC;
and
o The act/s complained of be committed in a Public place or within the Public knowledge or
view [U.S. v. Samaniego, G.R. No. 5115, (1909)]
19. Public Officers:
- Elements [P-SEA-LEA]:
o A public officer is one who:
o Takes part in the Performance of public functions in the government;
o Performs in said government or in any of its branches public duties as an Employee,
Agent or Subordinate official, of any rank or class; and
o His authority to take part in the performance of public functions or to perform public duties
must be:
 By direct provision of the Law;
 By popular Election; or
 By Appointment by competent authority
20. Malfeasance VS Misfeasance VS Non-feasance
- Malfeasance (Direct Bribery and Indirect Bribery) The performance of an act which
ought not to be done [REYES, Book 2]
- Misfeasance (see Arts 204-207: acts by a judge) Improper performance of some act
which might lawfully be done [id.]
- Nonfeasance (Prosecution) Omission of some act which ought to be performed [id.]
21. Interlocutory Orders - If the order leaves something to be done in the trial court with
respect to the merits of the case, it is interlocutory. If it does not, it is final. [Miranda v. CA,
G.R. No. L-33007 (1976)]
22. Direct Bribery
- Punishable Acts [CER]:
1. Agreeing to perform/performing, in consideration of any offer, promise, gift, or present –
an act constituting a Crime in connection with the performance of his official duty
2. Accepting a gift in consideration of the Execution of an act which does not constitute a
crime, in connection with the performance of his official duty
3. Agreeing to Refrain/refraining from doing something in his official duty in consideration
of a gift or promise

Note: No Stage of Frustrated Bribery

- If one party does not concur, then there is no agreement and not all the acts necessary to
commit the crime were present. [Regalado]
 Temporary Performance of Public Functions
- Temporary performance of public functions is sufficient to constitute a person a public
officer for purposes of bribery. [Maniego v. People, G.R. No. L-2971 (1951)]

23. Indirect Bribery

- Elements [PuGO]:
1. Offender is a Public officer;
2. He accepts Gifts;
3. Gifts are offered to him by reason of his Office.

24. Corruption of Public Officials

- Elements [OB]:
1. Offender makes Offers or promises or gives gifts or presents to a public officer; and
2. Offers or promises are made or the gifts or presents given to a public officer, under
circumstances that will make the public officer liable for direct Bribery or indirect bribery.

Note: No Frustrated Stage - There is no frustrated corruption or bribery because both

crimes require the concurrence of the will of the corruptor and public officer.

25. Qualified Bribery

- Elements [LAC]:
 Offender is a public officer entrusted with Law enforcement;
 He refrains from Arresting or prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death;
 Offender refrains from arresting or prosecuting in Consideration of any offer,
promise, gift, or present.
26. Illegal Exaction
- Elements of Illegal Exactions (par.2-4) [CDRC]:
o 1. Offender is a public officer entrusted with the Collection of taxes, licenses, fees
and other imposts;
o 2. He is guilty of the following acts or omissions:
a. Demanding directly or indirectly, payment of sums different from or larger than
those by law;
b. Failing voluntarily to issue a Receipt as provided by law, for any sum of
money collected by him officially; or
c. Collecting or receiving, directly or indirectly, by way of payment or otherwise,
things or object of a nature different from that provided by law

- Persons Liable
General Rule: Only specific public officers are liable and this can only be committed
principally by a public officer whose official duty is to collect taxes, license fees, import
duties and other dues payable to the government. [Art. 213, RPC]

27. Illegal Use of Public Funds or Property/Technical Malversation

- Illegal use of public funds or property is also known as technical malversation. The term
technical malversation is used because in this crime, the fund or property involved is
already appropriated or earmarked for a certain public purpose. Despite the public
purpose, the act is punished because it remains a violation of the appropriations law
[REYES, Book 2].
Elements [P-PAO]:
1. Offender is a Public officer;
 2. There are Public funds or property under his administration;
3. Such fund or property were Appropriated by law or ordinance;
4. He applies such public fund or property to any public use Other than for which it was
appropriated for
28. Parricide
Elements: [KAA-FaMCADS]
1. A person is Killed;
2. Deceased is killed by the Accused;
3. Deceased is the Accused's:
a. Legitimate/illegitimate Father
b. Legitimate/illegitimate Mother
c. Legitimate/illegitimate Child (should not be less than 3 days old, otherwise crime
is infanticide)
d. Other legitimate Ascendant
e. Other legitimate Descendant
f. Legitimate Spouse
Relationship
- Relationship of offender with the victim is an essential element of this crime; except
for spouses, only relatives by blood and in direct line are covered. An adopted child
is not covered by parricide.
Rules on Relationship of Relatives
1. Father, mother or child may be legitimate or illegitimate
2. Other ascendants or descendants must be legitimate
3. Child should not be less than 3 days old, otherwise, crime is infanticide
4. Spouse must be legitimate; Muslim husbands with several wives can be
convicted of parricide only in case the first wife is killed. [People v. Subano, G.R.
No. L-20338 (1967)]
29. Murder
Elements: [KAC-TCICPC-N]
1. Person was Killed;
2. Accused killed him;
3. Killing was attended by any of the qualifying Circumstances:

Killing by Fire
● If the primordial criminal intent of the offender is to kill and fire was only used as a
means to do so, the crime is only murder.
● If the primordial criminal intent of the offender is to destroy property with the use of
pyrotechnics and incidentally, somebody within the premises is killed, the crime is arson
with homicide, a single indivisible crime penalized under Art. 326, which is death as a
consequence of arson.
30. Homicide
Elements: [KJ-IQ]
1. Person was Killed;
2. Offender killed him without any Justifying circumstances;
3. Offender had the Intention to kill
4. Killing was not attended by any of the Qualifying circumstances of murder, or by
that of parricide or infanticide

No offense of Frustrated Homicide through Imprudence.

 - The element of intent to kill in frustrated homicide is incompatible with negligence
or imprudence.

Physical Injuries
- Accused is liable for physical injuries if there is no intent to kill on the part of the
offender in an
attempted or frustrated homicide. [REYES, Book 2]
Accidental Homicide
- It is the death of a person brought about by a lawful act performed with proper care
and skill and without homicidal intent, there is no felony.
31. Discharge of Firearm
Elements: [DN]
1. Offender Discharges a firearm against or at another person.
2. Offender has No intention to kill that person.

Crime as long as Initially Aimed at Offended Party

- The crime is the discharge of firearm, even if the gun was not pointed at the
offended party when it fired, as long as it was initially aimed by the accused at or
against the offended party
If Offended Party is Hit and Wounded
- If in the discharge of a firearm, the offended party is hit and wounded, there is a
complex crime of discharge of firearm with serious or less serious physical
injuries. [People v. Arquiza, G.R. No. 42128-42129]
- Animus Interficendi
- Intent to kill or animus inteficendi cannot be automatically drawn from the
mere fact that the use of firearms is dangerous to life. Animus interficendi
must be established with the same degree of certainty as is required of the
other elements of the crime. [Dado v. People G.R. No. 131421(2002)]
32. Infanticide
Elements: [C-3]
1. Child was killed by the accused;
2. Deceased child was less than 3 days old (72 hours).
Must be Born Alive
- It is necessary that the child be born alive an viable (capable of independent
existence). [US v. Vedra, G.R. No. 4779 (1908)]
33. Infanticide VS Abortion
- If fetus could not sustain independent life or viable existence.
- Hence, killing of a fetus within 24 hours from birth or its complete removal from a
mother’s womb but having an intra – uterine life of less than seven months
constitutes a crime of Abortion either Intentional or Unintentional.
34. Physical Injuries
- Serious – incapacitated for more than 30 days
- Less Serious – 10 days but not more than 3o days
- Slight – less than 10 days
No Attempted or Frustrated Physical Injuries
- This felony is defined by the gravity of the injury. It is a crime of result. As long as
there is no injury, there can be no attempted or frustrated stage thereof. [Id]
35. Rape
 Mode 1: Rape by Sexual Intercourse
Elements: [MCC-FRM12]
1. Offender is a Man;
2. Offender had Carnal knowledge of a woman;
3. Such act is accomplished under any of the following Circumstances:
a. By using Force, threat or intimidation;
b. When the woman is deprived of Reason or is otherwise unconscious;
c. By means of fraudulent Machination or grave abuse of authority; or
d. When the woman is under 12 years of age (Statutory Rape) or is
demented.
- In the absence of Carnal Knowledge, the crime is ACTS OF LASCIVIOUSNESS.
Mode 1: Rape by Sexual Intercourse
Elements: [MCC-FRM12]
1. Offender is a Man
2. Offender had Carnal knowledge of a woman;
3. Such act is accomplished under any of the following Circumstances:
a. By using Force, threat or intimidation;
b. When the woman is deprived of Reason or is otherwise unconscious;
c. By means of fraudulent Machination or grave abuse of authority; or
d. When the woman is under 12 years of age (Statutory Rape is now 16
years old and below) or is demented.
Complete Penetration is Not Necessary
- In rape, from the moment the offender has carnal knowledge of the victim, he
actually attains his purpose, all the essential elements of the offense have been
accomplished. [People v. Orita, G.R. No. 88724 (1990)]
- Moreover, it is not the number of times that appellant ejaculated but the
penetration or “touching” that determines the consummation of the sexual act.
[People v. Ferrer, G.R. No. 142662 (2001); People v. Orilla, G.R. Nos. 148939-40
(2004)]
NOTE: There is NO crime of frustrated rape.

Sweetheart Doctrine
- Operates on the theory that the sexual act is consensual. It requires proof that the
accused and the victim were lovers and that she consented to the sexual relations.
[People v. Udang, G.R. No. 210161, (2018)]
36. Illegal Detention
- Serious – detention last for more than 3 days
- Slight – less than 3 days
37. Robbery
Classifications of Robbery: [ViFo]
1. Robbery with Violence against, or intimidation of persons (Arts. 294, 297 & 298);
and
2. Robbery by use of Force upon things (Art. 299 & 302) [REYES, Book 2]

Elements of Robbery in General [PTI-ViFo]:

1. There is a Personal property belonging to another;
2. There is unlawful Taking of that property;
3. The taking must be with Intent to gain; and
4. There is:
a. Violence against or intimidation of any person; or
b. Force used upon things
Robbery with Force Upon Things:
There is robbery only if force is used to:
1. Enter the building;
2. Break doors, wardrobes, chests, or any other kind of locked or sealed furniture or
receptacle inside the building; or
3. Force them open outside after taking the same from the building
4. Pretending to be a public officer in order to gain entrance into the building.

Effect When Both Violence or Intimidation and Force Upon Things are Present
- When the offender takes personal property belonging to another with intent to gain
and employs violence against or intimidation on any person, the crime is robbery
with violence against or intimidation of persons, even if the robbery was
committed after the offender had entered the same through a window, or after
breaking its door or wall. [REYES, Book 2]

There is Robbery with Homicide even if:

a. The killing is done to suppress evidence, as long as the robbery is “the reason” of
the
homicide [People vs. Madrid, G.R. No. L-3023, (1951)]
b. The death of a person supervened by mere accident [People vs. Mangulabnan,
G.R. No. L 8919, (1956)]
c. The person killed was a bystander and not the person robbed [People vs. Barut,
G.R. No. 179943, (2009)]
Robbery with Arson
In robbery with arson, it is essential that the robbery precedes the arson. There must be an
intent to commit robbery, and no killing, rape or intentional mutilation should be committed
in the course of the robbery, or else arson will only be considered as an aggravating
circumstance [BOADO].

Robbery with Serious Physical Injuries

Any injuries not under Art. 263 or not serious in nature will fall under a Simple Robbery
[REYES, Book 2]
In Robbery with Unnecessary Violence and Intimidation under par. 4, the Violence need
not result in Physical Injuries; all that Art. 294 requires is that the violence be unnecessary
for the commission of the robbery. [Id.}