Criminal Law Book 1 August Complete
Criminal Law Book 1 August Complete
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C. CRIMINAL LAW (BOOK 1)
E. EVIDENCE
a. Criminal Law
b. Criminal Procedure
c. Evidence
d. Criminal Justice System
Is that branch of public law which defines crimes
treats of their nature and provides for their
punishment.
a. Criminal Law
b. Criminal Procedure
c. Evidence
d. Criminal Justice System
Criminal Procedure
a. Criminal Law
b. Criminal Procedure
c. Evidence
d. Criminal Justice System
Is the means, sanctioned by these rules, of ascertaining in
a judicial proceeding the truth respecting a matter of fact.
a. Criminal Law
b. Criminal Procedure
c. Evidence
d. Criminal Justice System
Crime
is an act committed or omitted in violation of a public law
forbidding or commanding it
Felony
- is an act or omission punishable by the Revised Penal Code
Offense
-those punishable by Special laws. An illegal act which does
not amount to a crime as defined in the Penal Code.
Infraction
- violation of city or municipal ordinances.
Is an act or omission punishable by the Revised Penal
Code.
a. Misdemeanor
b. Offense
c. Felony
d. Infraction
Is an act or omission punishable by the Revised Penal
Code.
a. Misdemeanor
b. Offense
c. Felony
d. Infraction
The following are example of a felony Except?
a. Homicide
b. Treason
c. Cybercrime
d. Robbery
The following are example of a felony Except?
Bill of Attainder
- is a law which inflicts punishment without trial.
Presidential Decrees
These are unique laws since these laws were enacted during
the Martial Law era or dictatorial regime of then President
Ferdinand E. Marcos where the power of the Executive and
the Legislative branch of our government were fused or
vested in one person.
4. Ordinances of Municipalities or Cities (LGU's)
Ex.
1. The ordinance providing curfew hours for minors,
providing payment of fines and/or imprisonment for its
violations.
2. Members of Congress.
a. Members of Congress shall be immune from libel or slander
while they are in the performance of their official function or
in connection thereof or when the same be done within the
halls of Congress.
1. French Rule
Crimes are not triable in the courts of that country,
unless their commission affects the peace and
security of the territory or the safety of the state is
endangered.
2. English Rule
Crimes are triable in that country, unless they merely
affect things within the vessel or they refer to the
internal management thereof. )
2. Should forge or counterfeit any coin or currency note
of the Philippine Islands or obligations and securities
issued by the Government of the Philipppine Islands;
a. Intraterrritotial
b. Extraterritorial
c. Internal
d. External
The provision in Article 2 embraces two scopes of
applications:
Which scope of application refers to the application of
the Revised Penal Code outside the
Philippine territory?
a. Intraterrritotial
b. Extraterritorial
c. Internal
d. External
(1) Intraterritorial – refers to the application of
the Revised Penal Code within the
Philippine territory;
a. China
b. Philippines
c. Either of the above
d. All of the above
A Philippine ship while traversing the territorial waters
of China, Pedro a Filipino citizen committed murder while
onboard the said ship. Which country has the right to
prosecute Pedro?
a. China
b. Philippines
c. Either of the above
d. All of the above
Thus, any person who committed a crime on board a
Philippine ship or airship while the same is outside of
the Philippine territory can be tried before our civil
courts for violation of the Penal Code.
a. Generality
b. Territoriality
c. Prospectivity
d. Nota
This characteristic provides that the law does not have
any retroactive effect, except if it favors the offender,
unless he is a habitual delinquent.
a. Generality
b. Territoriality
c. Prospectivity
d. Nota
3. Irretrospectivity or Prospectivity
This characteristic provides that the law does not have any
retroactive effect, except if it favors the offender, unless he
is a habitual delinquent (Art. 22 RPC)
Rules to be observed in the prospectivity or
irretrospectivity of Criminal law.
a. January 1, 1932
b. December 8, 1930
c. February 11, 1998
d. February 14, 1998
RPC took effect on?
a. January 1, 1932
b. December 8, 1930 - approval
c. February 11, 1998
d. February 14, 1998
THEORIES IN CRIMINAL LAW:
The Old Penal Code which took effect on July 14, 1887 until
December 31, 1931.
a. Anacleto Diaz
b. Joko Diaz
c. Quintin Paredes
d. Guilermo Guevarra
e. Alex Reyes
f. Mariano De Joya
The following are the members of the committee who
drafted Revised Penal Code Except?
a. Anacleto Diaz
b. Joko Diaz
c. Quintin Paredes
d. Guilermo Guevarra
e. Alex Reyes
f. Mariano De Joya
Article 1. Time when Act (RPC) takes effect-
JANUARY 1, 1932
Art. 2. Application of its provisions. Except as provided in the
treaties and laws of preferential application, the provisions of this
Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into
these islands of the obligations and securities mentioned in the
presiding number;
4. While being public officers or employees, should commit an
offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and
the law of nations, defined in Title One of Book Two of this Code.
Rules On Crimes Committed Aboard Foreign Merchant
Vessel While Within Philippine Waters
a. No
b. Yes
c. Maybe
d. Secret
A US Warship while traversing along manila bay, An
American Soldier murdered another American soldier
while inside the said warship. Is it triable in Philippines?
a. No
b. Yes
c. Maybe
d. Secret
Warships are always reputed to be the territory of the
country to which they belong and cannot be subjected
to the laws of another state. A United States Army
transport is considered a warship.(U.S. v. Fowler, 1 Phil.
614)
FELONIES
1. Freedom of action
2. Intelligence
3. Intent
1. Freedom.
1. Freedom of action
2. Intelligence
3. Imprudent, negligent, or lack of foresight or
lack of skill
The following are the requisites of Fault Or Culpa Except?
a. Freedom of action
b. Intelligence
c. Intent
d. Imprudent, negligent, or lack of foresight or lack of skill
The following are the requisites of Fault Or Culpa Except?
a. Freedom of action
b. Intelligence
c. Intent
d. Imprudent, negligent, or lack of foresight or lack of skill
Ignorantia legis non excusat-
Ignorantia facti excusat-
1. The act would have been lawful had the facts been as the
accused believed them to be.
2. The intention of the accused in performing the act should
be lawful.
3. That the mistake must be without fault or carelessness on
the part of the accused
U.S. v. Ah Chong (15 Phil. 488)
Actus non facit reum nisi mens sit rea, the act itself does
not make a man guilty unless his intention were so.”
Mala Prohibita
1. Violations of mere rules of convenience designed to secure a more
orderly regulation of societys affairs
2. made wrongful only by statute
3. punished by special law
4. intent not necessary
Ex. Illegal possession of firearms
In acts mala in se, the intent governs; but in those mala Prohibita, the
only inquiry is, has the law been violated?
The following are examples of mala in se except?
a. Murder
b. Theft
c. Illegal gambling
d. Rape
The following are examples of mala in se except?
a. Murder
b. Theft
c. Illegal gambling
d. Rape
Motive- the moving power which impels one to action for a
definite result.
Examples:
1. Pedro threatened Juan and chased him with a knife.
Fearing for his life. Juan jumped to the river. Juan drowned
because he did not know how to swim. CaER
a. Motive
b. Intent
c. Capability
d. Opportunity
Pedro because of jealousy he killed Juan. Killing is refers to
the ___?
a. Motive
b. Intent
c. Capability
d. Opportunity
Juan only wanted to box Pedro, but Pedro died when he
fell to the pavement resulting to brain hemorrhage. The
situation is referring to?
a. error in Personae
b. Aberratio Ictus
c. Praeter Intentionem
d. Ignorantia Facti
Juan only wanted to box Pedro, but Pedro died when he
fell to the pavement resulting to brain hemorrhage. The
situation is referring to?
a. error in Personae
b. Aberratio Ictus
c. Praeter Intentionem
d. Ignorantia Facti
Juan, intended to shoot Pedro, but it was Jose (Juan's
father) whom he shot because he mistook Jose to be
Pedro. The situation is referring to?
a. error in Personae
b. Aberratio Ictus
c. Praeter Intentionem
d. Ignorantia Facti
Juan, intended to shoot Pedro, but it was Jose (Juan's
father) whom he shot because he mistook Jose to be
Pedro. The situation is referring to?
a. error in Personae
b. Aberratio Ictus
c. Praeter Intentionem
d. Ignorantia Facti
Juan shoot Pedro, but it was Jose who was injured. The
situation is referring to?
a. error in Personae
b. Aberratio Ictus
c. Praeter Intentionem
d. Ignorantia Facti
Juan shoot Pedro, but it was Jose who was injured. The
situation is referring to?
a. error in Personae
b. Aberratio Ictus
c. Praeter Intentionem
d. Ignorantia Facti
A magician calls out for a volunteer to stand on the top
of a ladder while he was carrying it. The magician trip
and the the volunteer fell on the ground hitting his head
causing his instantaneous death. Is the magician liable
for Homicide?
a. Yes
b. No
c. Maybe yes
d. Maybe no
Pedro chased Juan with a knife because of fear the latter
jumped into the water because he did not know how to
swim he sank down and died of drowning. Is Pedro liable
for the death of Juan?
a. Yes
b. No
c. Maybe yes
d. Maybe no
Requisites Of Art. 4 (1)
a. Robbery (Arts. 294, 297, 298, 299, 300, 302, and 303)
b. Brigandage (Arts. 306 and 307)
c. Theft (Arts. 308, 310, and 311)
d. Usurpation (Arts. 312 and 313)
e. Culpable insolvency (Art. 314)
f. Swindling and other deceits (Arts. 315, 316, 317, and 318)
g. Chattel mortgage (Art. 319)
h. Arson and other crimes involving destruction ( Arts. 320,
321, 322, 323, 324, 325, and 326)
i. Malicious mischief (Arts. 327, 328, 329, 330, and 331)
Requisites of impossible crime:
a. Yes
b. No
c. Maybe
d. Secret
Juan in order to take the wallet of Pedro he punches him
on the face several times, and succeeded from taking the
wallet of Pedro. But later on he realized that the wallet he
took from Pedro was his own missing wallet. Is there an
Impossible Crime?
a. Yes
b. No
c. Maybe
d. Secret
Juan in order to take the wallet of Pedro he punches him
on the face several times, and succeeded from taking the
wallet of Pedro. But later on he realized that the wallets
he took from Pedro was his own missing wallet. Is Juan
liable for Impossible crime?
In the same way, the court shall submit to the Chief Executive, through
the Department of Justice, such statement as may be deemed proper,
without suspending the execution of the sentence, when a strict
enforcement of the provisions of this Code would result in the
imposition of a clearly excessive penalty, taking into consideration the
degree of malice and the injury caused by the offense.
“in connection with acts which should be repressed but
which are not covered by the law.”
The 1st paragraph of this article which contemplates a trial of a criminal case requires
the following:
1. The act committed by the accused appears not punishable by any law;
3. In that case, the court must render the proper decision by dismissing the case and
acquitting the accused;
4. The judge must then make a report to the Chief Executive, through the Secretary of
Justice, stating the reasons which
induce him to believe that the said act should be made the subject of penal legislation.
Facts: The victim, a four-year-old child, was brought by the accused to the house
of a certain Juanita Niu. The accused initially denied knowing where the victim
was but the next day, told the victim’s grandmother that the victim was at Niu’s
house. The accused accompanied the victim’s father and police officers to Niu’s
house and found the victim well-dressed and smiling. Accused was convicted of
kidnapping and serious illegal detention and sentenced to reclusion perpetua.
Held: We agree with the trial court that a strict application of Article 267 of the
R.P.C. would be too harsh, taking into consideration the minimal injury caused
by the offense. We agree that the accused be recommended to the Chief
Executive for the possible exercise of his pardoning power. Pursuant to Article 5
of the R.P.C., we recommend to His Excellency, the President of the Philippines,
through the Secretary of Justice, the grant to accused of either a
commutation of sentence to an indeterminate penalty of
prision correccional to prision mayor or executive clemency. (People v.
Acbangin, G.R. No. 117216, August 9, 2000)
Example of total absence of injury:
The defendant chief of police altered and falsified the municipal police blotter
and the book of records of arrests and the return of the warrant of arrest and
the bail bond of a person charged with qualified seduction so as to make them
show that the said person was arrested and gave bond on the 13th day of
September 1930, whereas, in truth and in fact, as said records showed before
said falsification, that person was arrested and released on bond on the 6th day
of September 1930; and that defendant justice of the peace conspired and
cooperated with his co-defendant in making said falsification in order to meet
the administrative charges then pending against him. In other words, those
falsifications were committed to make it appear that there was no delay in the
preliminary investigation conducted by the justice of the peace for qualified
seduction. In this case, there is apparent lack of malice and total absence of
injury. (People v. Cabagsan and Montano, 57 Phil. 598)
Stages in the commission of crime. 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 some causes independent of the will
of the perpetrator.
a. Consumated
b. Frustrated
c. Attempted
d. Formal crimes
Stages in the commission of crime. 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 some causes independent of the will
of the perpetrator.
a. Consumated
b. Frustrated
c. Attempted
d. Formal crimes
Art. 6. Consummated, frustrated, and attempted felonies.
Consummated felonies as well as those which are frustrated and
attempted, are punishable.
These stages are: (1) internal acts; and (2) external acts.
1. Internal acts, such as mere ideas in the mind of a person, are not
punishable even if, had they been carried out, they would constitute
a crime.
The other examples of preparatory acts are: (1) buying poison or carrying a
weapon with which to kill the intended victim; (2) carrying inflammable
materials to the place where a house is to be burned, etc.
For merely doing any of these acts, a person is not liable for attempted
homicide or attempted arson, because they do not constitute even the first
stage of the acts of execution of those crimes.
b. Acts of execution — they are punishable under the R.P.C.
The first stage of the acts of execution of a felony is the attempted; the
second stage, the frustrated; and the last stage, the consummated.
But if A mixed the poison with the food intended for B, and the latter, not
knowing that it contained poison, put into his mouth a spoonful thereof, the
act of A was more than a mere planning or preparation for the commission of
murder. The buying of poison and mixing it with the food of B who later put
into his mouth part thereof to eat it, taken together, constituted the overt
acts of murder. The nature of the external act thus performed by A clearly
indicated that he intended to commit the crime of murder. If for some reason
or another, B threw away the food with poison from his mouth, A is liable for
attempted murder.
In case of robbery by the use of force upon things, in order that the
simple act of entering by means of force another person’s dwelling
may be considered an attempt to commit this offense, it must be
shown that the offender clearly intended to take possession, for the
purpose of gain, of some personal property belonging to another.
The crime committed was attempted trespass to
dwelling, because the intention of the accused was
obviously disclosed by his act of making an opening
through the wall, and that was to enter the store against
the will of its owner who was then living there. (People
v. Lamahang, 61 Phil. 703) It is only an attempt, because
A was not able to perform all the acts of execution
which should produce the felony of trespass to dwelling.
Had A commenced entering the dwelling through the
opening, he would have performed all the acts of
execution.
What is an indeterminate offense?
The law requires that “the offender commences the commission of the
felony directly by overt acts.”
Thus, as in the case of People v. Lamahang, when the accused, for the
purpose of entering the dwelling of another broke one board and
unfastened another from the wall but before he could start entering
through the opening thus created he was arrested by a policeman,
the crime committed was only attempted trespass to dwelling,
because there was something yet for him to do, that is, to commence
entering the dwelling through that opening in order to perform all the
acts of execution.
3. “By reason of some cause or accident.”
Examples:
Cause.
A picked the pocket of B, inside of which there was a wallet
containing 750.00. Before A could remove it from the pocket of B,
the latter grabbed A’s hand and prevented him from taking it. In this
case, A failed to perform all the acts of execution, that is, taking the
wallet, because of a cause, that is, the timely discovery by B of the
overt act of A.
Accident.
A aimed his pistol at B to kill the latter, but when he pressed the
trigger it jammed and no bullet was fired from the pistol.
4. ‘Other than his own spontaneous desistance.”
Reason:
Thus, if A, with intent to kill, mixes poison in the soup intended for B, and B
begins to take into his mouth a spoonful of it, until this point, A can still prevent
the poisoning of B by voluntarily desisting and telling B to throw away the
substance from his mouth as it contains poison. But from the moment B swallows
it, A has no more control over his acts. The poison is now in B’s stomach and it
will require the intervention of a physician to prevent the poisoning of B.
If because of the intervention of the physician, B did not die, A will be liable for
frustrated murder. The acts performed by A, following their natural course,
passed from the subjective phase to the objective phase of the crime.
Frustrated felony, defined. 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.
Frustrated felony.
Elements:
In frustrated felony, the offender must perform all the acts of execution. Nothing
more is left to be done by the offender, because he has performed the last act
necessary to produce the crime. This element distinguishes frustrated felony
from attempted felony. In attempted felony, the offender does not perform all
the acts of execution. He does not perform the last act necessary to produce the
crime. He merely commences the commission of a felony directly by overt acts.
Thus, if A, with intent to kill, fires his gun at B, the discharge of the gun is only an
overt act. If the slug fired from the gun misses B or the wound inflicted on B is
not mortal, the last act necessary to produce the crime of homicide is not yet
performed by A. But if the wound inflicted is mortal, that is, sufficient to cause
death, A performs the last act. If no medical attendance is given, B would surely
die. In homicide or murder, the crime is consummated if the victim dies. If the
victim survives, the crime is frustrated. (See U.S. v. Eduave, 36 Phil. 209)
2. “Would produce the felony as a consequence.”
All the acts of execution performed by the offender could have produced the felony
as a consequence.
Thus, when A approached B stealthily from behind and made a movement with his
right hand to strike B on the back with a deadly knife, but the blow, instead of
reaching the spot intended, landed on the frame of the back of the chair on which B
was sitting at the time and did not cause the slightest physical injury on B, the stage
of execution should have been that of attempted murder only, because without
inflicting a deadly wound upon a vital spot of which B should have died, the crime of
murder would not be produced as a consequence.
The case of People uv. Kalalo, 59 Phil. 715, sustains the above opinion. In crimes
against persons, such as murder, which require that the victim should die to
consummate the felony, it is necessary for the frustration of the same that a mortal
wound is inflicted.
3. “Do not produce it.”
Even if all the acts of execution have been performed, the crime may not be
consummated, because certain causes may prevent its consummation. These
certain causes may be the intervention of third persons who prevented the
consummation of the offense or may be due to the perpetrator’s own will.
If the crime is not produced because of the timely intervention of a third person, it
is frustrated.
If the crime is not produced because the offender himself prevented its
consummation, there is no frustrated felony, for the 4th element is not present.
Note that the fourth element says that the felony is not produced “by reason of
causes independent of the will of the perpetrator.” Hence, if the cause which
prevented the consummation of the offense was the perpetrator’s own and
exclusive will, the 4th element does not exist.
Consummated felony.
a. Attempted
b. Frustrated
c. Consumated
d. Formal Crimes
Stages in the commission of a felony when the offender
commences the commission of a felony directly by overt acts,
and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than his own spontaneous desistance.
a. Attempted
b. Frustrated
c. Consumated
d. Formal Crimes
Formal Crimes
- are those which are always consumated by a single
act like oral defamation.
Material Crimes
- are those which have three stages of execution
namely, attempted, frustrated and consumated.
In the development of crime it refers to mere ideas in the
mind of a person, are not punishable even if, had they
been carried out, they would constitute a crime.
a. Internal Acts
b. External Acts
c. Preparatory Acts
d. Acts of Execution
In the development of crime it refers to mere ideas in the
mind of a person, are not punishable even if, had they
been carried out, they would constitute a crime.
a. Internal Acts
b. External Acts
c. Preparatory Acts
d. Acts of Execution
Is some physical activity or deed, indicating the intention to
commit a particular crime, more than a mere planning or
preparation, which if carried to its complete termination
following its natural course, without being frustrated by
external obstacles nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen into a
concrete offense.
a. Preparatory Acts
b. Overt Acts
c. Formal Crimes
d. Material Crimes
Is some physical activity or deed, indicating the intention to
commit a particular crime, more than a mere planning or
preparation, which if carried to its complete termination
following its natural course, without being frustrated by
external obstacles nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen into a
concrete offense.
a. Preparatory Acts
b. Overt Acts
c. Formal Crimes
d. Material Crimes
Preparatory acts and overt acts, distinguished.
But if A mixed the poison with the food intended for B, and the latter, not
knowing that it contained poison, put into his mouth a spoonful thereof, the
act of A was more than a mere planning or preparation for the commission of
murder. The buying of poison and mixing it with the food of B who later put
into his mouth part thereof to eat it, taken together, constituted the overt
acts of murder. The nature of the external act thus performed by A clearly
indicated that he intended to commit the crime of murder. If for some reason
or another, B threw away the food with poison from his mouth, A is liable for
attempted murder.
a. Attempted robbery
b. Attempted Trespass to Dwelling
c. Frustrated Robbery
d. Consumated Robbery
At early dawn, A was surprised by a policeman while in the
act of making an opening with an iron bar on the wall of a
store of cheap goods. At that time the owner of the store
was sleeping inside with another Chinaman. A had only
succeeded in breaking one board and in unfastening
another from the wall. What crime was committed by A?
a. Attempted robbery
b. Attempted Trespass to Dwelling
c. Frustrated Robbery
d. Consumated Robbery
It is one where the purpose of the offender in performing an
act is not certain. Its nature in relation to its objective is
ambiguous.
a. External Acts
b. Preparatory Acts
c. Acts of Execution
d. Indeterminate Offense
It is one where the purpose of the offender in performing an
act is not certain. Its nature in relation to its objective is
ambiguous.
a. External Acts
b. Preparatory Acts
c. Acts of Execution
d. Indeterminate Offense
A picked the pocket of B, inside of which there was a
wallet containing 750.00. Before A could remove it from
the pocket of B, the latter grabbed A’s hand and prevented
him from taking it. What stages of execution is referring
to?
a. Attempted
b. Frustrated
c. Consumated
d. Indertiminate Offense
A picked the pocket of B, inside of which there was a
wallet containing 750.00. Before A could remove it from
the pocket of B, the latter grabbed A’s hand and prevented
him from taking it. What stages of execution is referring
to?
a. Attempted -cause
b. Frustrated
c. Consumated
d. Indertiminate Offense
A aimed his pistol at B to kill the latter, but when he pressed
the trigger it jammed and no bullet was fired from the
pistol.
a. Attempted
b. Frustrated
c. Consumated
d. Material Crimes
A aimed his pistol at B to kill the latter, but when he pressed
the trigger it jammed and no bullet was fired from the
pistol.
a. Attempted -accident
b. Frustrated
c. Consumated
d. Material Crimes
Pedro with intent to kill draw his pistol and pointed it to
Juan but remembering their friendship the former
desisted his act and went home. Is Pedro liable for
attempted Homicide?
a. Subjective Phase
b. Objective Phase
c. Frustrated stage
d. No control over his acts
It is a phase of a crime. It is that portion of the acts
constituting the crime, starting from the point where the
offender begins the commission of the crime to that point
where he has still control over his acts, including their
(acts’) natural course.
a. Subjective Phase
b. Objective Phase
c. Frustrated stage
d. No control over his acts
If between these two points the offender is stopped by any cause outside of his
own voluntary desistance, the subjective phase has not been passed and it is an
attempt. If he is not so stopped but continues until he performs the last act, it is
frustrated, provided the crime is not produced. The acts then of the offender
reached the objective phase of the crime.
Thus, if A, with intent to kill, mixes poison in the soup intended for B, and B
begins to take into his mouth a spoonful of it, until this point, A can still prevent
the poisoning of B by voluntarily desisting and telling B to throw away the
substance from his mouth as it contains poison. But from the moment B swallows
it, A has no more control over his acts. The poison is now in B’s stomach and it
will require the intervention of a physician to prevent the poisoning of B.
If because of the intervention of the physician, B did not die, A will be liable for
frustrated murder. The acts performed by A, following their natural course,
passed from the subjective phase to the objective phase of the crime.
Pedro with intent to kill fires Juan hitting his head causing
mortal wound. But due to timely medical intervention Juan
survive. What is the stage of crime commission?
a. Attempted
b. Frustrated
c. Consumated
d. No crime
Pedro with intent to kill fires Juan hitting his head causing
mortal wound. But due to timely medical intervention Juan
survive. What is the stage of crime commission?
a. Attempted
b. Frustrated
c. Consumated
d. No crime
Pedro with intent to kill fires Juan hitting his finger a non
mortal wound. What is the stage of crime commission?
a. Attempted
b. Frustrated
c. Consumated
d. No crime
Pedro with intent to kill fires Juan hitting his finger a non
mortal wound. What is the stage of crime commission?
a. Attempted
b. Frustrated
c. Consumated
d. No crime
Pedro with intent to kill fires Juan hitting his head causing a
mortal wound, a sudden conscience enters into the mind of
Pedro, He brought Juan to the hospital and due to timely
medical intervention. Juan survived. What specific crime
did Pedro commit?
a. Attempted Homicide
b. Frustrated Homicide
c. Attempted Physical Injury
d. Consumated Physical Injury
Pedro with intent to kill fires Juan hitting his head causing a
mortal wound, a sudden conscience enters into the mind of
Pedro, He brought Juan to the hospital and due to timely
medical intervention. Juan survived. What specific crime
did Pedro commit?
a. Attempted Homicide
b. Frustrated Homicide
c. Attempted Physical Injury
d. Consumated Physical Injury
Pedro with intent to kill fires Juan hitting his head causing
a mortal wound, a sudden conscience enters into the
mind of Pedro, however a sudden conscience enters into
the mind of Pedro, He brought Juan to the hospital
however Juan still died. What specific crime did Pedro
commit?
a. Attempted Homicide
b. Consumated Homicide
c. Attempted Physical Injury
d. Consumated Physical Injury
Pedro with intent to kill fires Juan hitting his head causing
a mortal wound, a sudden conscience enters into the
mind of Pedro, however a sudden conscience enters into
the mind of Pedro, He brought Juan to the hospital
however Juan still died. What specific crime did Pedro
commit?
a. Attempted Homicide
b. Consumated Homicide
c. Attempted Physical Injury
d. Consumated Physical Injury
Art. 7. When light felonies are punishable. — Light
felonies are punishable only when they have been
consummated, with the exception of those
committed against persons or property.
Grave Felonies
-Are those to which the law attaches the capital punishment or
penalties which in any of their period are afflictive, In accordance
with the article 25 of the RPC.
Light Felonies
- Are those infraction of law or the commission of which the penalty
of arresto menor or a fine not exceeding Forty thousand pesos
(40,000) or both is provided.
The light felonies punished by the R.P.C.
General rule.
Light felonies are punishable only when they have been consummated.
Exception: Light felonies committed against persons or property, are punishable even if
attempted or frustrated.
a. Attempted
b. Frustrated
c. Consumated
d. Formal
As a General rule Light felonies are punishable only when
they have been ______.
a. Attempted
b. Frustrated
c. Consumated
d. Formal
As a General rule Light felonies are punishable only when
they have been consummated.
Note:
Act of One is Act of All.
General rule.
Conspiracy and proposal to commit felony are not
punishable.
a. Formal Crimes
b. Material Crimes
c. Conspiracy
d. Proposal
It exists when two or more persons come to an
agreement concerning the commission of a felony and
decide to commit it.
a. Formal Crimes
b. Material Crimes
c. Conspiracy
d. Proposal
When the person who has decided to commit a felony
proposes its execution to some other person or persons.
this is referring to?
a. Formal Crimes
b. Material Crimes
c. Conspiracy
d. Proposal
When the person who has decided to commit a felony
proposes its execution to some other person or persons.
this is referring to?
a. Formal Crimes
b. Material Crimes
c. Conspiracy
d. Proposal
The following are punishable except?
a. Grave Felonies
Are those to which the
b. Less grave Felonies
law attaches the capital
c. Light Felonies
punishment or penalties
d. Nota which in any of their
period are afflictive, In
accordance with the
article 25 of the RPC.
a. Grave Felonies
Are those to which the law attaches the capital
punishment or penalties which in any of their
period are afflictive, In accordance with the article
25 of the RPC.
a. Grave Felonies
Are those to which the
b. Less grave Felonies
law attaches the capital
c. Light Felonies
punishment or penalties
d. Nota which in any of their
period are afflictive, In
Purpose accordance with the
- to determinearticle
if it can
25 be complex
of the RPC. or not
- prescriptiona.
ofGrave
CrimeFelonies
and Penalty
Article 9
Grave Felonies
-Are those to which the law attaches the capital punishment or
penalties which in any of their period are afflictive, In accordance
with the article 25 of the RPC.
Light Felonies
- Are those infraction of law or the commission of which the penalty
of arresto menor or a fine not exceeding Forty thousand pesos
(40,000) or both is provided.
Fine
a. Justifying Circumstances
b. Exempting Circumstances
c. Mitigating Circumstances
d. Aggravating Circumstances
e. Alternative Circumstances
Note:
Imputability- the quality by which a criminal act maybe pinpointed
to another as its doer or author.
a. Justifying Circumstances
b. Exempting Circumstances
c. Mitigating Circumstances
d. Aggravating Circumstances
e. Alternative Circumstances
The circumstances affecting criminal liability are:
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil or injury
5. Fulfillment of duty or lawful exercise of right or office
6. Obedience to an order issued for some lawful purpose
7. Battered woman syndrome under RA 9344 is now added
Part 1 - Self defense
Requisites
1. Unlawful aggression.
Requisites
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was given by the person attacked, the one
making the defense had no part therein.
Relatives that can be defended
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, Natural or adopted brothers and sisters, or
relatives by affinity in the same degrees
5. Relatives by consanguinity within the fourth civil degree
Relatives by affinity.
Relatives by consanguinity.
Requisites
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent
or repel it
3. The person defending be not induced by revenge,
resentment or other evil motive.
Who are deemed strangers?
Requisites
1. A truck lost its break and leading it's way to Pedro. Pedro
stuck between two choices. If he will stay on his lane the
truck will hit him and if he will swerve to the other side he
will hit the bystander. He chosed to swerved on the right
hitting the bystander causing his death. Can Pedro invoke
Avoidance of greater evil?
2. Pedro punches the Robber who tries to grab his bag. The
robber sued Pedro for Physical Injury. Can Pedro invokes
paragraph 5?
Doctrine Of Self Help- states that the owner or the lawful
possessor of a thing has the right to exclude any person
from the enjoyment and disposal thereof. Thus he may use
such force as may be reasonably necessary to repel or
prevent an actual or threatened unlawful physical invasion
or usurpation of his property. (Art. 429 Civil Code)
3. A Surgeon amputated the leg of a patient to save him
from gangrene. The patient sued him for mutilation. Can
the Surgeon invoke Paragraph 5?
Part 6. Obedience to an Order Issued for some lawful
purpose.
Requisites
1. Definition.
Exempting circumstances (non-imputability) 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 or
negligent.
2. Basis.
The exemption from punishment is based on the complete absence of
intelligence, freedom of action, or intent, or on the absence of
negligence on the part of the accused.
Under the R.P.C., a person must act with malice or negligence to be
criminally liable. One who acts without intelligence, freedom of
action or intent does not act with malice. On the other hand, one
who acts without intelligence, freedom of action or fault does not act
with negligence.
Exempting Circumstances
Burden of proof.
Under R.A. No. 9344, a child 15 years of age or under is exempt from criminal
liability. However, the child shall be subject to an intervention program pursuant to
Section 20 thereof.
(2) A child above 15 but below 18 is exempt from criminal liability unless he/she
acted with discernment.
A child above 15 years but below 18 years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has
acted with discernment, in which case, such child shall be subject to the
appropriate proceedings in accordance with this Act.
The exemption from criminal liability does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.
Discernment- the mental capacity of a minor to distinguish
between right from wrong and to fully appreciate the
consequences of his felonious acts. It may be shown by:
Requisites
Requisites.
Requisites.
Basis:
“ ACTUS ME INVITO FACTUS NON EST MEUS FACTUS”- An
act done by me against my will is not my act.
Illustration:
In this case, the accused cannot be held criminally liable for rebellion, because they
joined the rebels under the impulse
of an uncontrollable fear of an equal or greater injury. (U.S. v.
Exaltacion, 3 Phil. 339)
The penalty for rebellion, the crime which Exaltacion was required to commit, is
prision mayor, that is, imprisonment for a period of six years and one day to 12
years, and fine. The act which he was asked to commit was to swear allegiance to
the Katipunan and become one of those engaged in overthrowing the government
by force of arms. If he did not commit it, he would be killed. Death is a much greater
injury than imprisonment for 12 years and paying a fine.
But if A had threatened to burn the house of B should the
latter not kill his (B’s) father, and B killed his father for fear
that A might burn his (B’s) house, B is not exempt from
criminal liability for the reason that the evil with which he
was threatened was much less than that of killing his father.
Part 7. Lawful or Insuperable Cause
Requisites.
Example:
Examples:
1. The municipal president detained the offended party for three days
to take him to the nearest justice of the peace required a journey for
three days by boat as there was ms
other means of transportation. (U.S. v. Vicentillo, 19 Phil. 118, 119)
Under the law, the person arrested must be delivered to the nearest
judicial authority at most within 18 hours (now 36 hours, Art. 125,
R.P.C., as amended) otherwise, the public officer will be liable for
arbitrary detention. The distance which required a journey for three
days was considered an insuperable cause. Hence, it was held the
accused was exempt from criminal liability.
Absolutory Cause
Definition
Basis
2. Privileged mitigating —
a. Article 68. Penalty to be imposed upon a person under
eighteen years of age.
b. Article 69. Penalty to be imposed when the crime
committed is not wholly excusable.
c. Article 64. Rules for the application of penalties which
contain three periods.
* When there are two or more mitigating circumstances and
no aggravating circumstances are present, the court shall
impose the penalty next lower to that prescribed by law, in
the period that it may deem applicable, according to the
number and nature of such circumstances.
Distinctions.
Note:
How to determine the lack of grave intention to
commit the offense?
Requisites:
Requisites
Requisites
Page 308
Illustration
Requisites:
1. 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.
2. Basis
They are based on the greater perversity of the offender manifested
in the commission of the felony as shown by:
Requisites
1. That the public authority is engaged in the exercise of
his functions.
2. That he who is thus engaged in the exercise of said
functions is not the person against whom the crime is
committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from
committing the criminal act.
Example of this aggravating circumstance:
Example.
1. Direct assault upon a lady teacher.
2. When a person compels a woman to go to his house
against her will, the crime of coercion with the
aggravating circumstances of disrespect to sex is
committed.
That the crime be committed in the dwelling of the
offended party.
Requisites:
1. That the offended party had trusted the offender.
2. That the offender abused such trust by committing a
crime against the offended party.
3. That the abuse of confidence facilitated the
commission of the crime.
Example: A jealous lover, who had already determined to kill
his sweetheart, invited her to a ride in the country. The girl,
unsuspecting of his plans, went with him. While they were
in the car, the jealous lover stabbed her. It was held that this
aggravating circumstance was present. (People v.
Marasigan,
70 Phil. 583, 594)
Ungratefulness must be obvious, /.e., manifest and clear.
The circumstance was present where the accused was living in the
house of the victim who employed him as an overseer and in charge of
carpentry work, and had free access to the house of the victim who
was very kind to him, his family, and who helped him solve his
problems.
Part 5. In presence of President, or place dedicated to
religious worship, or place where authorities do their
duties
What is a band?
Whenever more than three armed malefactors shall have
acted together in the commission of an offense, it shall be
deemed to have been committed by a band.
Part 7. Calamity or misfortune
Requisites
1. That the offender is on trial for an offense.
2. That he was previously convicted by final judgement of
another crime.
3. That both the first and the second offenses are
embraced in the same title of the code.
4. That the offender is convicted of the new offense.
Part 10. Reiteracion or habituality
Requisites:
1. That the accused is on trial for an offense;
2. That he previously served sentence for another offense to
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; and
3. That he is convicted of the new offense.
The four forms of repetition are:
1. Recidivism
2. Reiteracion or Habituality
3. Multi-recidivism or habitual delinquency
4. Quasi-recidvism
First requisite —
On a certain date, Manalinde accepted the proposition that he would
turn huramentado and kill the first two persons he would meet in the
market place. On said date, the offender is said to have determined to
commit the crime.
Third requisite — After the journey for a day and a night, he killed the
victims. One day and one night constitute a sufficient lapse of time for
the offender to realize the consequences of his contemplated act.
Part 14. Craft, fraud or disguise
Illustration.
Illustrations
Where the defendants induced their victims to give up
their arms upon a promise that no harm should be done
to them and when the latter gave up their arms, the
former attacked and killed them, it was held that there
was fraud.
Disguise ( resorting to any device to conceal identity)
Illustration
What is cruelty?
1. Definition or concept.
The basis is the nature and effects of the crime and the
other conditions attending its commission.
The alternative circumstances are:
1. Relationship
2. Intoxication; and
3. Degree of instruction and education of the offender.
Relationship
a. Spouse
b. Ascendant
c. Descendant
d. Legitimate, natural, or adopted brother or sister, or
e. Relative by affinity in the same degree of the offender.
a. Extenuating Circumstances
b. Justifying Circumstances
c. Absolutory cause
d. Aggravating Circumstances
This has the effect of Mitigating the criminal
liability of the offender.
a. Extenuating Circumstances
b. Justifying Circumstances
c. Absolutory cause
d. Aggravating Circumstances
Example of Extenuating
a. Self defense
b. Defense of relatives
c. Avoidance of greater evil or injury
d. Person under 15 years old who committed a crime
Among the following are Justifying circumstance except?
a. Self defense
b. Defense of relatives
c. Avoidance of greater evil or injury
d. Person under 15 years old who committed a crime
Among the following are exempting circumstances
except?
a. Imbecile
b. Minority
c. Irresistible Force
d. Passion or Obfuscation
Among the following are exempting circumstances
except?
a. Imbecile
b. Minority
c. Irresistible Force
d. Passion or Obfuscation
Among the following are mitigating circumstances
except?
a. Praeter Intentionem
b. Passion or Obfuscation
c. Voluntary Surrender or Voluntary Confession of Guilt
d. Recidivism
Among the following are mitigating circumstances
except?
a. Praeter Intentionem
b. Passion or Obfuscation
c. Voluntary Surrender or Voluntary Confession of Guilt
d. Recidivism
Among the following are Aggravating except.
a. Principals
b. Accomplices
c. Accessory before the fact
d. Accessories
The following are criminally liable for light felonies
Except?
a. Principals
b. Accomplices
c. Accessory before the fact
d. Accessories
Art. 16. Who are criminally liable. — The following are
criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
Requisites:
(1) The accessory is a public officer.
(2) He harbors, conceals, or assists in the escape of the
principal.
(3) The public officer acts with abuse of his public functions.
(4) Thecrime committed by the principal is any crime,
provided it is not a light felony.
b. Private persons who harbor, conceal or assist in the
escape of the author of the crime — guilty of treason,
parricide, murder, or an attempt against the life of the
President, or who is known to be habitually guilty of some
other crime.
Requisites:
(1) That the accessory is a private person;
(2) ‘That he harbors, conceals or assists in the escape of
the author of the crime; and (3) That the crime committed
by the principal is either: (a) treason, (b) parricide, (c)
murder, (d) an attempt against the life of the President, or
(e) that the principal is known to be habitually guilty of
some other crime. “Habitually guilty of some other crime.”
Art. 20. Accessories who are exempt from criminal liability.
— The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by affinity within
the same degrees, with the single exception of accessories
falling within the provisions of paragraph 1 of the next
preceding article.
Who Are The Accessories Who Are Exempt From Criminal
Liability?
a. Principal
b. Accomplice
c. Accessory
d. nota
A lens B a bolo, it was used by B to kill C. A is
liable as:
a. Principal
b. Accomplice
c. Accessory
d. nota
A stole a lechon Manok then went to the house of
B, his friend and told him that he stole it so that they
will have their pulutan. B also ate it. B is considered
as?
a. Principal
b. Accomplice
c. Accessory
d. Nota
A stole a lechon Manok then went to the house of
B, his friend and told him that he stole it so that they
will have their pulutan. B also ate it. B is considered
as?
a. Principal
b. Accomplice
c. Accessory
d. Nota
A stabbed B. Then A asked C his friend to hide the
knife. C is considered as?
a. Principal
b. Accomplice
c. Accessory
d. Nota
A stabbed B. Then A asked C his friend to hide the
knife. C is considered as?
a. Principal
b. Accomplice
c. Accessory
d. Nota
A person who placed a weapon in one of the hands of the
deceased after he was killed by another person to show that
the deceased was armed and it was necessary to kill him for
having offered resistance to the authorities is what?
a. Principal
b. Accomplice
c. Accessory
d. Nota
A a Mayor use his influence to hide B his friend
from the arresting Officer . A is considered as?
a. Principal
b. Accomplice
c. Accessory
d. Nota
A an ordinary person assisted the escape of his
Friend B who committed the crime of Parricide.
A is classified as ?
a. Principal
b. Accomplice
c. Accessory
d. Nota
A an ordinary person assisted the escape of his
Friend B who committed the crime of Parricide.
A is classified as ?
a. Principal
b. Accomplice
c. Accessory
d. Nota
A punched B causing a black eye only. C hide A
from the arresting authorities. Is U Criminally
liable?
a. Accessory
b. Accessory but exempted from criminal liability
c. Accomplice
d. co- principal
A stole pieces of Jewelry from B. Then A gave it to his
wife. The wife kept the jewelry to prevent them from
being used as evidence against his husband. The wife
is ?
a. Accessory
b. Accessory but exempted from criminal liability
c. Accomplice
d. co- principal
Maria stole jewelry and gave it to her mother. Knowing it was
stolen the mother sold the jewelry to buy things. What is the
liability of the mother.
a. Accessory
b. Accessory but exempted from criminal liability
c. Accomplice
d. co- principal
Maria stole jewelry and gave it to her mother. Knowing it was
stolen the mother sold the jewelry to buy things. What is the
liability of the mother.
a. Accessory
b. Accessory but exempted from criminal liability
c. Accomplice
d. co- principal
PENALTIES
Principal Penalties
Capital Punishment
Death
Afflictive Penalties
Reclusion perpetua- 20 yrs.+1 day to 40 yrs.
Reclusion temporal- 12 yrs.+1 day-20 yrs
Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12 yrs.
Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs.
Prision Mayor-6 yrs. + 1 day to 12 years
Correctional penalties
Prision correctional- 6 mos.+ 1 day to 6 yrs.
Arresto mayor-1 month + 1 day to 6 mos.
Suspension- 6 mos+1 day to 6 yrs.
Destierro- 6 mos. +1 day to 6 yrs.
Light penalties
Arresto menor- 1 day to 30 days
Public censure
Accessory Penalties
Suspension from public office, the right to vote and be voted for
Civil Interdiction
Indemnification
Payment of cost
1. The penalties of perpetual or temporary absolute disqualification
for public office produce the following effects:
Except:
1. when they are recidivist, or have been convicted previously twice
or more times of any crime;
2. when upon being summoned for the execution of their sentence
they failed to surrender voluntarily.(Article 29)
[Note: An accused undergoes preventive imprisonment
when the offense charged is non bailable or even if bailable
he cannot furnish the required bail. Now if an accused does
not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited in the service
of his sentence with 4/5 of the time during which he has
undergone preventive imprisonment.]
PECUNIARY LIABILITIES
SCALE NO. 1
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto Mayor
7. Destierro
8. Arresto Menor
9. Public Censure
10. Fine
SCALE NO.2
1. Perpetual absolute disqualification
2. Temporary absolute disqualification
3. Suspension from public office, the right to vote and be voted for, and the
right to follow a profession or calling
4. Public censure
5. Fine
Article 62 Revised Penal Code
Example:
1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto mayor
7. Arresto menor
8. Destierro
9. Perpetual Absolute Disqualification
10. Temporary Absolute Disqualification
11. Suspension from public office, the right to vote and be voted for,
profession
12. Public censure
Three (3) Fold Rule In The Service Of Sentence
1. Total Extinction
2. Partial Extinction
Modes Of Total Extinction Of Criminal Liability (Art. 89)
2. By service of sentence;
4. By absolute pardon
5. Prescription of crime- the forfeiture or the loss of the right of the state to
prosecute the offender after the lapse of a certain time.
Note:
* The period of prescription shall commence to run from the day on which the crime
is discovered by the offended party, the authorities, or their agents, and shall be
interrupted by the filing of the complaint or information, and shall commence to run
again when such proceedings terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not imputable to him. It shall
not run when the offender is absent from the Philippines (Art.91)
Note:
3. For good conduct time allowance (GCTA)- are deductions from the
term of the sentence for good behavior of the convicted prisoner.
A: Director of Prisons.
Innkeepers are also subsidiary liable for the restitution of goods taken by
robbery or theft within their houses from guests lodging therein, or for the payment
of the value thereof, provided that such guests shall have notified in advance the
innkeepers himself, or the person representing him, of the deposit of such goods
within the inn, and shall furthermore have followed the directions which such
innkeepers or his representative may have given them with respect to the care and
vigilance over such goods. No liability shall attach in case of robbery with violence
against or intimidation of persons unless committed by the innkeepers’ employees.
Art. 103. Subsidiary civil liability of other persons- The
subsidiary liability established in the next preceding article
shall also apply to employers, teachers, persons, and
corporations engaged in any kind of industry for felonies
committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their duties.
Art. 104. What is included in civil liability-
1. Restitution
2. Reparation of damage caused
3. Indemnification of consequential damage
Art. 105. Restitution how made- The restitution of the
thing itself must be made whenever possible, with
allowance for any deterioration or diminution of value.
1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of the rights of creditor and
debtor
5. Compensation
6. Novation and others (See Art. 1231 Civil Code).