Atty. Cornelio Erwin Grino III
Atty. Cornelio Erwin Grino III
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FUNDAMENTAL PRINCIPLES
What is a Crime?
Crime is an act committed or omitted in violation of
public law forbidding or commanding it.
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Sources of Criminal Law:
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No Common Law Crimes in the Philippines.
The so-called common law crimes, known in the
United States and England as the body of usages,
principles, and rules of action, which do not rest for
their authority upon any express and positive
declaration of the will of the legislature, are not
recognized in our country.
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Sources of Criminal Law:
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What are the Constitutional limitations on penal
laws?
Article III of the 1987 Constitution provides the
following limitations on the inherent right of the State
through the Legislature to enact penal laws:
“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.” Thus, the law must be
general in application so as not to violate the equal
protection clause.
“No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used against
him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.” No law
therefore, must be passed imposing cruel and unusual
punishment.
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What makes a penalty cruel and unusual?
Punishments are cruel and unusual when they involve
torture or lingering death. It implies something inhuman
and barbarous. In other words, the punishment is wholly
disproportionate to the nature of the offense as to shock
the moral sense of the community.
To illustrate:
A person is convicted of life imprisonment for jay
walking.
-the penalty is not only cruel and unusual but is likewise
violative of due process because that would amount to to
deprivation of life for an unreasonable length of time.
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C. No ex post facto law or bill of attainder shall be enacted.
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Describe due process as applied to penal laws.
Due process, is the right of any person to be given
notice and be heard before he is condemned for an act
or omission defined and punished by law.
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What is the effect of violation of due process
clause?
The effect is that the judgment is void or has no
legal effect and binding effect, force or efficacy for any
purpose. In contemplation of law, it is non-existent or
it may be simply ignored.
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Generality:
Penal laws are binding on all persons who reside or sojourn
in the Philippines whether citizens or not.
Even aliens, therefore, are covered by the generality
principle because they are also protected by the law of the
Philippines during all the time that they sojourn within its
territory.
Exception:
Those covered by treaties and laws of preferential
application such as Ambassadors and Head of States under the
principle of State Immunity.
Territoriality:
The law is applicable to all crimes committed within the limits of
Philippine territory.
Exception:
Treaties and law of preferential application
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Prospectivity:
Prospectivity of penal laws means the laws have
prospective application unless they are favorable to the
offender who is not a habitual delinquent. Conversely, and
to the same effect is irrestrospectivity which prescribes that
“laws shall have no retroactive application unless the
contrary is provided.”
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Answer:
Nullumcrimennullapoena sine lege- there is no crime
when there is no law that defines and punishes it.
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What is the rule in the interpretation of penal laws in
relation to the accused’s culpability?
All laws must be interpreted liberally in favor of the
accused and strictly against the state.
Reason:
This is so because it is the State which drafted and
prescribed the law, hence the law must be read, interpreted
and construed against the State.
Thus, where penal laws is susceptible of two
interpretations, one consistent with acquittal and the other
with conviction, the offender is entitled to acquittal as a
matter of right. In other words the balance of justice should
be tilted in favor of the accused because the State should
prove the guilt of the accused beyond reasonable doubt
and should rely on the strength of its own evidence, not on
the weakness of the evidence of the accused.
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What is an equipoise rule?
The equipoise rule-that if the inculpatory facts and
circumstances are capable of two or more explanations, one
of which is consistent with the innocence of the accused
and the other is consistent with his guilt, then the evidence
does not fulfill the test of moral certainty, and does not
suffice to produce conviction, the same must be denied.
A. As to Commision:
1. Dolo or felonies committed with deliberate intent
and
2. Culpa or those committed by means of fault.
B. As to stage of execution
1.Attempted;
2.Frustrated; and
3. Consummated.
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C.Classifications of felonies as to:
A. Formal felonies - those crimes which are always
consummated.
Example: physical injuries- the degree of injury cannot be
determined without first consummating the offense.
B. Material felonies - or those which have various stage of
execution.
C. Felonies - which cannot be committed in the frustrated stage.
Example: rape and theft cannot be committed in the frustrated
stage because the essence are carnal knowledge and unlawful
taking of property respectively.
In rape, slight penetration of the female organ consummates the
crime of rape because then there is already carnal knowledge.
In theft, the element of unlawful taking is deemed complete
from the moment the offender gains possession of the thing,
even he has no opportunity to dispose of the same.
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D. As to Gravity:
1.Grave felonies;
2.Less grave felonies; and
3.Light felonies.
E. As to count:
1. Compound crime - are those when a single act results to
two or more grave or less grave felonies. The felonies
committed may be: a.) two or more grave felonies b.) two or
more less grave felonies; or c.) one or more grave and one or
more less grave felonies.
Note: when light felony likewise resulted, it shall be treated
as a separate offense.
Basis: singularity of the act.
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2. Complex or complex crime proper- it is when an
offense is a necessary means for committing the other. The
first crime must be a necessary means to commit another.
This means that the first crime is committed to insure and
facilitate the commission of the next crime.
Requisites:
a. At two offenses are committed;
b. On or some of the offenses must be necessary to commit
the other; and
c. Both or all the offense must be punished under the same
statute.
Example:
Falsification of public document to commit malversation.
Note: applies only to cases where the Code does not
provide a definite specific penalty for a complex crime.
A complex crime is only one crime. The penalty for the
most serious crime is to be imposed, and applied in its
maximum period. 19
3. Composite crime or special complex crime – one crime
made up of specific crimes with specific penalties provided for by law.
Example: robbery with homicide; arson with homicide or kidnapping
with homicide/rape
Note: combination of offense is fixed by law and the penalty is also
specific.
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F. As to nature:
1. Mala in se- Crimes - mala in se are acts or omissions
which are inherently evil. (mala means evil; in se means by
itself). Generally, crimes mala in se are punished under the
R. Revised Penal Code. There are however crimes which
although punished under special laws are deemed mala in
se, such as those which are mere modification of the
provisions of the Code like cattle rustling which modifies
Art. 308, 309, 310 on qualified theft. In effect, the rules and
system on penalties under the RPC apply.
2. Mala prohibita- They are acts which made evil because
there is a law prohibiting the same. These acts would not
be wrong if not for the fact that positive law forbids them.
In this case, the only question asked is, has the law been
violated? In short the acts or omission here has been made
illegal by the law, in effect intent of the offender is
immaterial. Good faith or lack of criminal intent is not a
defense.
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What is a heinous crime?
It is a grievous, odious and hateful offense which by reason of its
inherent or manifest wickedness, viciousness, atrocity and perversity, is
regarded as seriously outrageous to the common standards or norms of
decency and morality in a just, civilized and orderly society. (R.A. 7659)
END OF PART 1
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APPLICATION OF THE PROVISIONS OF THE
REVISED PENAL CODE
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APPLICATION OF THE PROVISIONS OF THE REVISED
PENAL CODE
Art. 2 RPC
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What is a Philippine ship or airship?
One that is duly registered in the Philippines and under Philippine laws.
Note: Merchant ship of Philippine nationality-if crime is committed therein;
the Philippines has jurisdiction over the crime; provided within its territory.
-if in the high seas-Philippines still has jurisdiction
-if in the territory of another country-foreign state has jurisdiction
following the principle that penal laws are primary territorial in application.
But Philippine warship and the official vessel of the president of the RP,
wherever they are, are extensions of the Philippine territory and its sovereignty.
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Who are public officers and employees within the
purview of Art. 2?
Public officers and employees of the RP when the
crime is related to the exercise of their office. Without
the intimate relation of their office, they are acting in
their private capacity hence, bound by the law of the
host country.
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Art. 3, RPC
Felonies- acts and omission punishable by law.
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 and lack of skill.
DOLO CULPA
1. Freedom of action 1. Freedom of action
2.Intelligence 2. Intelligence
3.Intent 3. Negligence, imprudence,
Lack of foresight and lack of skill
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Question: To which these kind of felonies does the
principle that “the act cannot be criminal unless the
mind is criminal” refer?
Answer: Strictly it refers to intentional felonies
because in culpable felonies and in crimes mala
prohibita, good faith and lack of intent are not
material. This is why both culpa and mala prohibita
are in consummated stage only because intent is
inherent in attempted and frustrated felonies.
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What is intent?
Refers to the use of a particular means to bring about the
desired result.
Example: the use of a lethal weapon would show the
criminal intent to kill although death may not result therefrom.
It is a mental state, the existence of which is demonstrated by
the overt acts of a person. The only way to know what’s in the
mind of the person is to look at the external manifestation
thereof demonstrated by the means employed.
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What is motive?
Motive is the moving power or force which impels a
person to commit acts towards a desired result.
Generally, motive is not material in incurring criminal
liability.
Motive becomes material when:
a. The acts bring about variant crimes;
b. Doubt as to identity of the person committed the
offense;
c. Circumstantial as to evidence; or
d. Evidence of guilt is inconclusive.
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Art. 4, RPC-Criminal liability
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Art. 5, RPC- Courts Duty xxx
Consummated:
A felony is consummated when all the acts necessary
for its accomplishment and execution are present. In
other words, the offender does not have to do anything
else to consummate the crime. He has reached the
objective stage of the offense as he no longer has
control of his acts having already performed all that is
necessary to accomplish his purpose.
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Frustrated:
A felony is frustrated when the offender performs all the
acts which would produce the felony as a consequence, but
the felony was not produce by reason of causes independent
of the will of the perpetrator. If the cause of the frustration
is due to the will of the perpetrator the crime is not
frustrated, but could be another crime.
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Attempted:
A felony is attempted when the offender commences
the commission of an offense directly by overt acts and
does not perform all the acts of execution which
should produce the felony by reason of cause or
accident other than his own spontaneous desistance.
In this stage, the offender still has control over his acts
as he may or may not continue his overt acts.
What are overt acts?
Overt acts are external acts which if continued will
logically result in a felony. It must be directly related to
the offense committed.
What are preparatory acts?
Acts which still require another act so that a felony will
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result.
What is a desistance?
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Art. 7, RPC
•When lights felony are punishable?
Lights felony are punishable only when they have been
consummated with the exception of those committed
against persons or property.
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Art. 8, RPC- Conspiracy and proposal to commit
felony:
Conspiracy and proposal to commit felony are punishable only in
cases in which the law specially provides a penalty therefor.
A conspiracy exist when two or more persons come to an
agreement concerning the commission of a felony and decide to
commit it.
There is proposal when the person who has decided to commit a
felony proposes its execution to some other person or persons.
. What are the two concept of conspiracy?
1. Conspiracy as a crime by itself;
2. Conspiracy as a means of committing a crime.
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Art. 9, RPC
• Grave felonies are those to which the law attaches
the capital punishment or penalties which in any of
their periods are afflictive.
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Art. 10, RPC-
Offenses not subject to the provisions of this code:
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JUSTIFYING CIRCUMSTANCES AND
CIRCUMSTANCES WHICH EXEMPT FROM
CRIMINAL LIABILITY
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•The Code, therefore, provides for circumstances which modify
the criminal liability of the offenders, to wit:
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What is unlawful aggression?
An offensive act positively determining the intent of the
aggressor to cause injury. A mere threatening or
intimidating attitude is not sufficient; there must be a real
danger to life or personal safety.
1. Defense of relatives-
the relatives to be defended must be defenders spouse,
ascendants, descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity in the same
degrees, those by consanguinity within the fourth degree.
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• Defense of relative within the fifth degree of
consanguinity fall within defense of strangers and the
third element in defense of relatives will be replaced by
the element that the defender is not induced by
revenge, resentment or evil motive.
• Requisites:
1. Unlawful aggression;
2. Reasonable necessity of the means employed to repel
it; and
3. In case the provocation was given by the person
attacked the person defending had no part therein.
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3 . Defense of Stranger:
Requisites:
1. Unlawful aggression;
2. Reasonable necessity of the means employed to
prevent it; and
3. The person defending is not induce by revenge,
resentment or evil motive.
4 . State of necessity:
1. The evil sought to be avoided actually exists;
2. The injury feared be greater than that done to avoid
it;
3. There is no other practical and less harmful means
of preventing it.
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5 . Fulfillment of duty or exercise of right or office:
1. The offender acted in the performance of a duty or
the lawful exercise of a right or office;
2. The injury caused is the necessary consequence of
the due performance of such right or office.
1. Principals
2. Accomplices
3. Accessories
1. Principals
2. Accomplices
.
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Art. 19 – Accessories – Accessories are those whose 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:
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