FINAL COACHING

CRIMINAL LAW
1. Is that branch of municipal law
which defines crime, treats of
their nature and provide for their
punishment.
2. Is that branch of public
substantive law which defines
offenses and prescribes their
penalties.
LIMITATIONS ON THE POWER OF
CONGRESS TO ENACT PENAL LAWS
1. Must be general in application

2. Must not partake of the nature of an ex post

facto law

3. Must not partake of the nature of a Bill of

Attainder

4. Must not impose cruel and unusual

punishment or excessive fines
EX POST FACTO LAW
Is one makes criminal an act done
before the passage of the law and which
was innocent when done, and punishes
such an act.

BILL OF ATTAINDER
Is a legislative act which inflicts
punishment without trial. Its essence is the
substitution of a legislative for a judicial
determination
THEORIES OF CRIMINAL
LAW
1. Classical Theory
2. Positivist Theory
3. Eclectic or Mixed Theory
4. Protective Theory
CHARACTERISTIC OF
CRIMINAL LAW
GENERALITY – means that criminal or penal law of
the country governs all persons within the country
regardless of their race, belief, sex or creed.

TERRITORIALITY – means that the criminal laws of

the country have force and effect only within its
territory. It cannot penalize crimes committed
outside its territory.

PROSPECTIVITY- means act or omission will be

only subject to a penal law if they are committed
after a penal law had already taken effect.
FRENCH RULE OR
NATIONALITY RULE
THEORY
That crimes committed on board of a
foreign vessel while on the waters of
another country are not triable in the said
country, unless the crimes affect the
peace and security or endangered the
safety of the state.
ENGLISH RULE OR
TERRITORIALITY RULE THEORY
OR ANGLO-AMERICAN RULE
The criminal law of the foreign country
where a foreign vessel is within its
jurisdiction will applies, except if the crime
affects only the internal management of the
vessel in which case it is subject to the
penal of the country where it is registered.
REVISED PENAL CODE
Republic Act No. 3815

It consists of two (2) books

It took effect on January 1, 1932

REQUISITES OF DOLO
(NTENTIONAL)
1. Freedom
2. Intelligence
3. Intent

REQUISITES OF CULPA (NOT

INTENTIONAL)
1. Freedom
2. Intelligence
3. Negligence (lack of foresight) or
imprudence (lack of skill)
HOW CRIMINAL LIABILITY IS
INCURRED

1. By committing a felony
2. By committing an impossible crime
BY COMMITTING A
FELONY
Sec. 4 par 1 of the RPC states that criminal liability
Sec. 4 par 1 of the RPC states that criminal liability
shall be incurred by any person committing a felony
(delito) although the wrongful act done be different
from that which he intended.

3 WAYS OF COMMITTING CRIME WHICH ARE

DIFFERENT FROM THE ONE INTENDENT TO COMMIT

1. Aberratio Ictus – there is a mistake in the

blow
2. Error in Personae – there is a mistake in the
identity of the intended victim
3. Praeter Intentionem –the injuries result is
greater than that intended by the offender
BY COMMITTING IMPOSSIBLE
CRIME
Sec. 4 par 2 of the RPC states that criminal
liability shall be incurred by any person performing an
act which would be an offense against persons or
property, were it not for the impossibility of its
accomplishment or on account of the employment of
inadequate or ineffectual means.

REQUISITES OF IMPOSSIBLE
CRIME
1. The act performed would be against person or
property
2. The act done with evil intent
3. The accomplishment is inherently impossible or
the means employed is either ins adequate or
ineffectual
4. The act performed should not constitute a
violation of another provision of law
INTENT versus MOTIVE
 Motive is the reason which impels one to
commit an act for a definite result, while
Intent is the purpose to use a particular
means to effect such a result.

 Intent is an element of a crime, Motive is not

an element.

 Motive is important only when suspect has

not been positively identified
MALA INSE versus MALA
PROHIBITA
Mala inse – Is an act which is a wrong from its
very nature.

Mala prohibita – It is a wrong because there is a

law prohibits it.
IMPUTABILITY versus
RESPONSIBILITY
Imputability is the quality by which an act may
be ascribed to a person as its author or
owner. It implies that a deed or act may be
imputed to a person.

Responsibility is the obligation or suffering the

consequences of crime. It implies that the
person must take the consequence of his
deed or act.
INSTIGATION vs
ENTRAPMENT
In entrapment signifies the ways and means
devised by a peace officer to entrap or apprehend a
person who has committed a crime. The criminal
intent originates in the mind of the criminal while in
instigation, the resolve to commit the crime
originates from the peace officer. The instigator
practically induces the would be accused into the
commission of the offense and himself become a co-
principal
MANNER OR COMMITTING
CRIME
1. Formal Crimes – consummated in one instant,
no attempt because between the thought and
the deed there is a chain of acts that cannot be
severed in any link.

Examples: False Testimony, Slander; Sale of

Prohibited Drugs

2. Material Crimes – there are three (3) stages of

the commission, namely: Attempted, Frustrated
and Consummated.
ATTEMPTED
There is an attempt when the offender
starts to commit a crime directly by overt act.
He has not performed all the acts of
execution which would be the crime intended
to commit, not because of his spontaneous
desistance but by reason of some cause or
accident.

Overt Acts – are physical activities or deed

indicating the intention to commit a
particular crime.
FRUSTRATED
This arises when the offender performs all the acts
of execution which would produce a felony as a
consequence but which never the less do not pro duce
it by reason of causes independent of the will of the
perpetrator.

CONSUMMATED
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present.
PERSONS CRIMINALLY
LIABLE
1. Principal
2. Accomplices
3. Accessories
 WHO ARE PRINCIPALS ?
 PRINCIPAL BY DIRECT PARTICIPATION
Those who takes part in the execution of the crime.

 PRINCIPAL BY INDUCTION
Those who directly force or induce other to commit
a crime.

 PRINCIPAL BY INDESPENABLE COOPERATION

Those who cooperate in the commission of the
offense by another act without which it would not have
been accomplished.
ACCOMPLICES

Are not principals but cooperate in the

commission of the crime by previous or
simultaneous act with the intention of
supplying materials or moral aid in the
execution of the crime
ACCESSORIES
Those who having knowledge of the commission of
the crime and without having participated therein
either as principal or accomplices took part
subsequent to its commission in any of the ff:

1. By profiting themselves or assisting the offender to

profit the effect of the crime.
2. By concealing or destroying the body of the crime or
effects or instrument thereof in order to prevent its
discovery.
3. By harboring or assisting in the escape of the
principal 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 attempt to take the life of the Chief
Executives, or is known to be habitually guilty of
some other crime.
PLURALITY OF CRIMES

DEFINITION:
Plurality of crimes consists in the successive
execution by the same individual of different
criminal acts upon any which no conviction
has yet been declared, namely:
1. Complex crimes
2. Special complex crimes
3. Continuous crimes
COMPLEX CRIMES
There is complex crime when a single act
constitutes 2 or more grave or less grave
felonies (COMPOUND CRIME - delito
compuesto), or when an offense is a
necessary means for committing the other
(COMPLEX CRIME PROPER – delito complejo).
SPECIAL COMPLEX CRIME

This arises when the law considers two

or more crimes committed by the offender as
one offense and provides a specific penalty.
In other words, by specific provision of
law, such two or more crimes is but single
and indivisible offense.

EXAMPLE: Robbery with homicide

CONTINUOUS CRIME
In continuous crime known as “delicto
continuado” is a single crime consisting of a
series of acts arising from one criminal
resolution.

NOTE:
Continuous or Continued Crime or
Continuing Crime is different from transitory
crime. This crime refers to elements of crimes
occurring in 2 or more places; one element
occurred here and the other element occurred
there.
CIRCUMSTANCES
AFFECTING CRIMINAL
LIABILITY
1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstance
JUSTIFYING
CIRCUMSTANCES
Definition

Justifying circumstances are those where

the act of a person is said to be in
accordance with law, so that such person is
deemed not to have transgressed the law
and is free from both criminal and civil
liability.

There is no civil liability, except in par. 4

of Art. 11, where the civil liability is borne
by the persons benefited by the act.
EXEMPTING CIRCUMSTANCES

Exempting circumstances are those

grounds for exemption from punishment
because there is wanting in the agent of the
crime any of the conditions which make the act
voluntary.

There is no criminal liability but only civil

liability except in Art. 12 par 4 when the
incident is purely an accident.
MITIGATING
CIRCUMSTANCES
Mitigating Circumstances are those which, if present in the commission of the crime do
not entirely free the actor from criminal liability, but serve only to reduce the penalty.

Or, those that have the effect of reducing the penalty because there is a diminution of
any of the elements of dolo or culpa, which makes the act voluntary

Or, because of the lesser perversity of the offender

AGGRAVATING
CIRCUMSTANCES
Definition:

Aggravating circumstances are those which, if

attendant in the commission of the crime, serve to
increase the penalty without, however, exceeding the
maximum of the penalty provided by law for the offense
because of the greater perversity of the offender.
ALTERNATIVE
CIRCUMSTANCES
Definition

Alternative circumstances are those

which must be taken into consideration as
aggravating or mitigating according to the
nature and effects of the crime and the other
conditions attending its commission.
FOUR KINDS OF
AGGRAVATING
CIRCUMSTANCES:
1. Generic – Those that can generally apply to
all crimes.
2. Specific – Those that apply only to
particular crimes.
3. Qualifying – Those that change the nature of
the crime.
4. Inherent – Those that must of necessity
accompany the commission of the crime
Elements of Evident Premeditation
1. The time when the accused determine to
commit the crime
2. An act manifestly indicating that the
accused has clung to his determination
3. A sufficient lapse of time between such
determination and execution, yo allow
him to reflect upon the consequences of
his acts.
Craft, Fraud, or Disguise
Craft –is cunning or intellectual trickery or
chicanery resorted to by the accused to
carry out his evil design.

Fraud – constitutes deceit and manifest by

insiduous words or machinations.

Disguise – is to conceal the identity of the

offender.
 There are four forms of repetition of
crimes committed by offender , namely:

1. Recidivism
2. Reiteracion
3. Habitual delinquency
4. Quasi-recidivism
RECIDIVISM

A recidivist is one who, at the time of

his trial for one crime, shall have been
previously convicted by final judgment of
another crime embraced within the same
title of Revised Penal Code and the
accused is convicted of the new crime.
REITERACION or HABITUALITY

Requisites:
1. That the accused is on trial for an
offense.
2. That the accused previously served
sentenced for another offense which the
law attaches an equal or greater
penalty, or for two or more crimes to
which it attaches lighter penalty than
that for the new offense.
3. That the accused is convicted of the
new offense.
HABITUAL DELINQUENCY or
MULTI-RECIDIVISM

A person is a habitual delinquent if

within a period of ten years from the date
of his last release or last conviction of the
crimes of serious or less serious physical
injuries, robo (robbery), hurto (theft), estafa
or falsification, he is found guilty of any
said crimes a third time or oftener.
EFFECTS OF BEING HABITUAL
DELINQUENT
1. Upon a 3rd conviction, the offender shall be
sentenced to the penalty of prision correccional in
its medium and maximum priod. Provided the total
of two (2) penalties shall not exceed 30 years.
2. Upon a 4th conviction, the offender shall be
sentenced to the penalty for the principal crime (4th
crime) plus the penalty of prison mayor in its
minimum and medium period. Provided the total of
two (2) penalties shall not exceed 30 years.
3. Upon a 5th conviction, the offender shall be
sentenced to the penalty for the principal crime (5th
crime) plus the penalty of prison mayor maximum to
reclusion temporal minimum. Provided the total of
two (2) penalties shall not exceed 30 years.
QUASI-RECIDIVISM
Any person who shall commit a
felony after having been convicted by final
judgment, before beginning to serve, or
and while serving the same.
NOTE: Quasi-recidivism is special type of
aggravating circumstance which fixes the penalty
of a crime committed by the offender while serving
his sentence, or while about to serve thereof, to
maximum period irregardless of the presence of
any mitigating circumstances.
NOTE: A quasi-recidivist pardoned at the age of
70 if he shall have served out his original sentence
or when he completes it after reaching 70
RULES IN THE IMPOSITION OF FINE
1) If the convict cannot pay the imposed fine his/her
term of sentence shall be prolong known as
Subsidiary Imprisonment:
a. The rate of 1 day imprisonment for every 8 pesos if
the crime penalized under the Revised Penal Code
b. The rate of 1 day imprisonment for every 2.50
pesos if the crime penalized by Special Laws
c. The rate of 1 day imprisonment for every 1 peso if
the crime penalized by an Ordinance
2) The subsidiary imprisonment shall not exceed 1/3 of
the sentence or longer than 1 year
3) No Subsidiary Imprisonment if the term of sentence
is more than 6 years or prision correctional
4) No Subsidiary Imprisonment if the fine imposed is
less than 8 pesos.
B0ND TO KEEP THE PEACE
1. The offender must present 2 sureties
who shall undertake that the offender
will not commit the offense sought to be
prevented, and that in case such offense
be committed they will pay the amount.
2. The offender must deposit such amount
with the clerk of court to guarantee said
undertaking.
3. The offender may be detained, if he
cannot give the bond, for a period not to
exceed 6 months if prosecuted for grave
or less grave felony, or for a period not to
exceed 30 days, if for a light felony.
BOND TO KEEP PEACE vs BOND
OF GOOD BEHAVIOR

Bond to keep peace is different from

a Bond of good behavior under Art. 248
RPC which is required of a person
convicted of grave or light threat and if the
bond cannot be given, the convict shall be
sentenced to destierro. It is not required
to be given in cases involving other
crimes.
DURATION OF PENALTIES
1. Reclusion perpetua – 20 years, 1 day to 40 years
2. Reclusion temporal – 12 years, 1 day to 20 years
3. Prision Mayor - 6 years, 1 day to 12 years
4. Prision correccional – 6 months, 1 day to 6 years
5. Suspension - - do –
6. Destierro - - do –
7. Arresto Mayor - 1 mo., 1 day to 6 mos.
8. Arresto Menor - 1 day to 30 days
9. Bond to keep the peace – discretionary of the
court
10. Fine
11. Censure
Execution of Penalty

1. No penalty shall be executed except by virtue of final

judgment (Art 78 RPC)

2. The execution of penalty is suspended if the culprit

became insane or imbecile (Art 79 RPC) or minor in
conflict with the law. (RA 9344)

3. The execution of death sentence is suspended when

the convict is a:
 Woman, within 3 years following the date of the sentence.
 Woman, while pregnant
 Person over 70 years of age
THREE-FOLD RULE
If there are several penalties imposed
on one and the same offender, the maximum
duration of his sentence shall not be more
than the three-fold the length of time
corresponding to the most severe and in no
case to exceed 40 years.
Example: A person is convicted of 4 crimes
and sentenced to 15; 20; 17 and 15 years for
the fourth crime or a total of 67 years. 20
years in the most sever penalty among the
four. So 20 x 3= 60 but it shall not exceed 40
years. Therefore the offender serve only up to
40 if not pardon.
TPTAL EXTINCTION OF PENALTY
1.Death
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of the crime
6. Prescription of the penalty
7. Marriage in private crimes
Amnesty; defined:

 Amnesty commonly denotes the “general

pardon” to rebels for their treason and other
high political offenses, or forgiveness which one
sovereign granted to the subjects of another,
who have offended by some breach of the law
of nations.
 It is defined as act of the executive power
granting oblivion or general pardon for past
offense. It is usually applied to class of persons,
political offenses and granted before or after the
commission of the offense
Absolute Pardon

Pardon is an act of grace proceeding

from the power entrusted with the
execution of the laws which exempts the
individual on whom it is bestowed from
the punishment the law inflicts for the
crime he has committed.
Distinction: Pardon vs. Amnesty
1) Pardon includes any crime; Amnesty for
political offenses
2) Pardon is given after conviction; Amnesty
given before or after conviction
3) Pardon looks forward and forgives the
punishment; Amnesty looks backward and
abolishes the offense itself.
4) Pardon as a defense must be proved; the
court takes judicial notice in Amnesty
 Effects of Pardon
1) It shall not restore the right to hold public office
or the right of suffrage, unless it is provided in
the terms of the pardon.
2) It shall not exempt the convict from payment of
the civil liability.

Limitations of President’s Pardoning Power:

a. It can be exercised only after conviction.
b. It cannot be exercise to impeachment cases.
Prescription of the Crime
It is the forfeiture or loss of the right of the state to
prosecute the offender after the lapse of a certain time
fixed by law.

(1) death, reclusion perpetua and temporal - - - - - - - - - - 20 years

(2) prison mayor - - - - - - - - - - - - - - - - - - - - - - - - - - - - 15 years
(3) correctional penalties - - - - - - - -- - - - - - - - - - - - - - - 10 years
(4) arresto mayor - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5 years
(5) libel - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 year
(6) Grave slander (oral defamation) - - - - - - - - - - - - - - - - 6 months
(7) Simple slander - - - - - - - - - - - -- - - - - - - - - - - - - - - - - 2 months
(6) light felonies - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 months
Prescriptive period of offenses
under special laws and ordonaces
a) Fine only or imprisonment not more than 1 month.…..
1 yr.
b) Imprisonment more than 1 month-less than 2yrs………..
4 yrs.
c) Imprisonment for 2 yrs. - less than 6 yrs………………….

8 yrs.
d) Imprisonment for 6 yrs. or more ……………………………..

12 yrs.
e) Viol. of ordinances …………………………………………………

2 months
Prescription of Penalties
It is the loss or forfeiture of the right of the
government to execute the final sentence after the lapse of
a certain time fixed by law (become insane Art.79 or as
escape of the convict)

1) death and reclusion perpetua - - - - - - - - - - - 20 years

2) Reclusion tempral and prison mayor - - - - - - - 15 years
3) correctional penalties - - - - - - - - - - - - - - - -10 years
4) arresto mayor - - - - - - - - - - - - - - - - - - - - - - 5 years
5) light penalties - - - - - - - - - - - - - - - - - - - - - - 1 year
 Marriage or Pardon in Private Crimes
Marriage - Art 344 provides that in cases of
seduction, abduction, acts of lasciviousness and rape, the
marriage of the offender with the offended party shall
extinguish the criminal action or remit the penalty already
imposed upon him.

Pardon - In cases of seduction, abduction, acts of

lasciviousness and rape, there shall be no prosecution if the
offender is pardoned by the offended party or if she a minor
or incapacitated by her parents, guardians. The pardon
must express.

In case of adultery and concubinage, the pardon

may either be express or implied and both offenders must
be pardoned by the offended party.
PARTIAL EXTINCTION OF CRIMINAL
LIABILITY

1. Conditional pardon
2. Commutation of sentence
3. Good conduct allowance
4. Parole
5. Special time allowance for loyalty
6. Probation
Conditional Pardon
Violation of Conditional Pardon will result in:

1) re-arrest and reincarceration of the offender under the

Revised Administrative Code (RAC), or

2) re-arrest and prosecution of the offender for Evasion of

Service of Sentence under Art. 159 RPC. If convicted
and the penalty remitted is higher than 6 years, the
convict shall serve the unexpired portion of the original
sentence. If the penalty remitted lower than 6 years,
the penalty is prision correccional in its minimum
period.
Commutation of Sentence
It is a change in the sentence of the court made by
the President which consists in reducing the penalty
imposed upon the offender. Such substitutes the original
penalty.

Other powers granted to the President known as Executive

Clemency:
Reprieve – postponement of the execution of an offense
to a day certain

Remission of fine and forfeitures – it merely prevents

the collection of fines or the confiscation of forfeited.
Good Conduct Allowances
a) 1st 2 years – 20 days per month

b) 3rd yr. to 5th yr. – 23 days per month

c) After 5th yr. to 10th yr. - 25 days per month

d) 11th yr. or more - 30 days per month

Additional: 15 days for each month of study or

teaching/mentoring services rendered
Parole
It consists in the suspension of the sentence of a convict after
serving the minimum of the sentence imposed without granting a
pardon, prescribing the terms upon which the sentence shall be
suspended.

Distinction: Parole vs Conditional Pardon

1) Conditional Pardon is given by the Chief Executive under the RAC;

Parole is given by the Parole Board to a prisoner who has served the
minimum of an indeterminate sentence.

2) For violation of the conditional pardon, the offender may either be

re-arrested to serve the remitted penalty or prosecuted under Art. 159,
for violation of Parole, the convict is re-arrested to serve the unexpired
portion of his penalty.
Special Time Allowance for Loyalty

The deduction of 1/5 of the period of

the sentence if the convict after having
evaded the service of his sentence because
of calamities or disorder under Art 158,
gives up himself to the authorities within 48
hours.
Probation
It is a disposition under which a defendant,
after conviction and sentence is released subject
to conditions imposed by the court and to the
supervision of a probation officer.

The probation law PD 968 took effect July

24, 1976. It was amended by PD 1257 which took
effect on December 1, 1977. It was further
amended by PD 76 which took effect on June 13,
1980 and the last PD 1990 which took effect on
October 5, 1885.
Three-fold purpose of probation law:

1) promote the correction and rehabilitation

of an offender by providing him with
individualized treatment;
2) provide opportunity for the reformation of
a penitent offender, which might be less
probable if he was to serve a prison
sentence; and
3) prevent the commission of the offense.
Disqualifications for Probation:

1. those sentenced of more than 6 years;

2. those sentenced of less that 1 month and
1 day and/or fine of not more than 200
pesos;
3. those sentenced of subversion or any
crimes against national security or public
order
4. those previously granted probation

NOTE: Even if the offender does not fall with any
of the disqualification, probation shall be denied IF:
the offender is in need of correctional treatment

that can be provided most effectively by his

commitment to institution; or
there is an undue risk that during the period of

probation the offender will commit another crime;

or
probation will depreciate the seriousness of the

offense committed.