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LEGMAN 101 INTRO TO LAW
Lecture Notes (Criminal Law)
A. Basic Principles
I. What is criminal law?
branch of public law that defines crimes, treats of their nature and provides for their
punishment.
II. Give and define the three basic characteristics of criminal law.
1. Generality penal laws govern everyone within territorial jurisdiction of the state
regardless of race, belief, sex or creed subject to certain exceptions under international
agreements. EXCEPTIONS: Treaty Stipulations like VFA; RA No. 75 or the Laws of Preferential
Application and Principles of International Law.
2. Territoriality penal laws are only effective within the territorial confines of ones
jurisdiction be it land, maritime, interior waters and atmosphere.
EXCEPTION: Article 2, RPC
3. Prospectivity penal laws only take effect after its effectivity date.
Note: Ex post facto law is one that is specifically made to retroact; to cover acts before it
became effective to the prejudice of the accused; or to make a certain crime graver or prescribe
a heavier penalty for it.
General Rule: Ex post facto law is prohibited. (Art. III, Sec. 22 of the Constitution)
Exception: Art. 22, RPC Retroactive effect of penal laws. Penal Laws shall have a retroactive
effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this
term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of
such laws a final sentence has been pronounced and the convict is serving the same.
Note: This is consistent with the general principle that criminal laws, being a limitation on the
rights of the people, should be construed strictly against the State and liberally in favor of the
accused.
III. What are felonies?
-acts or omissions punishable by law and are committed either by deceit or by fault
IV. Give the difference between deceit and fault.
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-Deceit or dolo is an act performed with deliberate intent whereas fault or culpa is a
wrongful act that resulted from imprudence, lack or foresight o0r lack of skill.
V. What is mala in se? What is malum prohibitum?
Mala in se an act, by its very nature, is inherently and morally wrong it should be done
with criminal intent while malum prohibitum on the other hand, is an act which is wrong only
because there is a law punishing it. It is enough that the prohibited act was voluntarily
committed and need not be committed with malice or criminal intent to be punishable.
Example: Mala in se: murder, rape; malum prohibitum: jaywalking and other traffic violations
VI. Give and explain the three stages of execution of a crime
1. Consummated all elements necessary for the execution of a crime are present
2. Frustrated 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 in
dependent of the will of the perpetrator.
3. Attempted - when the offender commences the commission of a felony directly or
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.
B. Circumstances that affect criminal liability (Keyword: JEMAA)
I. Justifying Circumstances a person who acts under any justifying circumstances enumerated
under the RPC does not commit a crime under the law. Thus, the person is exempted from
criminal and civil liability. (Art. 11, RPC)
Note: RA 9262 or Anti-Violence Against Women and their Children Act of 2004
(Keyword: VAWC) provided an additional justifying circumstance when the Supreme Court
held that victim-survivors of Battered Woman Syndrome do not incur criminal or civil liability
even in the absence of any of the elements for justifying circumstances under the RPC.
II. Exempting Circumstances a crime is committed but there is no criminal liability due to the
absence of free will. The offender, however shall be civilly liable (Art. 12, RPC)
Note: RA 9344 or the Juvenile Justice and Welfare Act of 2006.
III. Mitigating Circumstances circumstances that lessens the penalty. It may be privileged or
ordinary. Privileged mitigating circumstances cannot be offset by aggravating circumstances
while ordinary mitigating circumstances may be offset by aggravating circumstances. (Art. 13,
RPC)
IV. Aggravating Circumstances circumstances increase the penalty or qualify the crime to a
greater one (Art. 14, RPC)
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Notes:
Parricide is committed between people who are related by blood.
But it can also be committed between spouses, even though they are not related by
blood.
The relationship, except the spouse, must be in the direct line and not in the collateral
line. (RVC: direct and collateral line)
The relationship between the offender and the offended party must be legitimate, except
when the offender and the offended party are related as parent and child
The only illegitimate relationship that can bring about parricide is that between parents
and illegitimate children as the offender and the offended parties.
II. Suppose a stranger conspires in the commission of the crime of parricide, what is his criminal
liability?
-The stranger is liable for homicide or murder, as the case may be, because of the
absence of relationship. The rule of conspiracy that the act of one is the act of all does not apply
here because of the personal relationship of the offender to the offended party.
III. To constitute parricide of a spouse, what must be established?
-There must be a valid subsisting marriage at the time of the killing. Also, the information
should allege the fact of such valid marriage between the accused and the victim.
IV. Suppose a Muslim who has three wives, killed the third, is he liable for suicide?
-No. Muslim husbands with several wives can be convicted of parricide only in case the
first wife is killed. There is no parricide if the other wives are killed although their marriage is
recognized as valid.
Reason: A Catholic/Christian man can commit the crime only once. If a Muslim husband could
commit this crime more than once, in effect, he is being punished for the marriage which the law
itself authorized him to contract.
Death or Physical Injury Inflicted under Exceptional Circumstances (Art. 247, RPC)
I. What are the elements? (Students)
II. What are the two stages contemplated under Art. 247?
1. When the offender surprised the other spouse with a paramour or mistress.
Note: The attack must take place while the sexual intercourse is going on. If the surprise was
before or after the intercourse, no matter how immediate it may be, Article 247 does not apply.
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2. When the offender kills or inflicts serious physical injury upon the other spouse and/or
paramour while in the act of intercourse, or immediately thereafter, that is, after
surprising.
III. What is the nature of Art. 247?
Art. 247 is more of an exempting circumstance as the penalty is intended more for the
protection of the accused than a punishment. Put differently, it practically grants a privilege
amounting for adequate punishment.
IV. What is meant by the phrase immediately thereafter?
-It means that between the surprising and the killing or the inflicting of the physical injury,
there should be no interruption or interval of time. In other words, it must be a continuous
process.
V. What is meant by the phrase in the act of committing sexual intercourse?
-It means there must be actual sexual intercourse.
VI. What is the rationale for Art. 247?
-The law affords protection to a spouse who is considered to have acted in a justified
outburst of passion or a state of mental disequilibrium. The offended spouse has no time to
regain his or her self-control.
VII. Under Art. 247, is it required that the victim is to be killed instantly by the accused after
surprising his spouse in the act of intercourse?
-No, what is required is that the killing is the proximate result of the outrage
overwhelming the accused upon the discovery of the infidelity of his or her spouse. The killing
should have been actually motivated by the same blind impulse.
VIII. If death results or the physical injuries are serious, what is the penalty imposed under Art.
247?
-The penalty of destierro is meted on the offender. The banishment is intended more for
the protection of the offender from the family of his or her spouse or paramour/mistress.
IX. When third persons are injured in the course of firing at the paramours, will the offended
spouse be free from criminal liability?
No, inflicting death or physical injuries under exceptional circumstances is not murder.
The offender cannot therefore be held liable for frustrated murder for the injuries suffered by
third persons. It does not mean, however, that the offender is totally free from any responsibility.
The offender can be held liable for serious physical injuries through simple imprudence or
negligence.
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Additional notes:
The benefits of Art. 247 apply also to parents who shall surprise their daughter below 18
years of age in actual sexual intercourse while living with them.
The sexual act is between the daughter and the seducer.
The parents cannot invoke this provision if in a way, they have encouraged the
prostitution of the daughter.
X. What is the meaning of the phrase living with them?
-The phrase living with them is understood to be in their own dwelling, because of the
embarrassment and humiliation done not only to the parent but also to the parental abode. If it
was done in a motel (e.g. SOGO/Victoria Court), the article does not apply.
Murder (Art. 248, RPC)
I. What is Murder?
-is the unlawful killing of any person which is not parricide or infanticide, provided that
any of the circumstances provided by law are present.
II. Give the circumstances present in murder. (Art. 248)
Notes:
There is treachery when the offender commits any of the crimes against the person
employing means, methods or forms in the execution thereof that tend directly and
especially to insure its execution without risk to himself arising from the defense which
the offended party might make.
Treachery is inherent in poison.
Abuse of superior strength is inherent in and comprehended by treachery.
III. What is the essence of treachery?
-The essence of treachery is that the offended party is denied of the chance to defend
himself because of the means, methods, form in executing the crime deliberately adopted by the
offender. This is true even there is no intent to kill.
IV. Can murder be committed even if at the beginning the offender has no intention to kill the
victim?
-Yes, although generally, murder can only be committed if the outset, the offender has
intent to kill because the qualifying circumstances must be resorted to with a view of killing the
offended party.
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However, if the offender may have not intended to kill the victim but he only wanted to
commit a crime against him in the beginning, he will still be liable for murder if in the manner of
committing the felony there was treachery and as a consequence thereof the victim died.
Reason: This is based on the rule that a person committing a felony shall be liable for the
consequences thereof although different from that which he intended.
Homicide (Art. 249, RPC)
I. Define Homicide.
-Homicide is the unlawful killing of any person, which is neither parricide, murder nor
infanticide.
II. What are the elements? (Students)
Notes:
Intent to kill is conclusively presumed when death resulted and hence, need not be
established.
Evidence of intent to kill is important only in attempted or frustrated homicide.
Physical injuries are included as one of the essential elements of frustrated homicide.
There is no crime of frustrated homicide through reckless imprudence because intent is
inherent in frustrated or attempted homicide.
III. Suppose several assailants not acting in conspiracy inflicted wounds on the victim, but it
cannot be determined who inflicted which wounds which caused the death of the victim, who
should be guilty for the crime of homicide?
-All of them are liable for homicide.
IV. If homicide or murder is committed with the use of an unlicensed firearm, how should the
crime be denominated?
-The crime would only be homicide or murder, as the case maybe, only one offense is
punished, the use of an unlicensed firearm is only considered as an aggravating circumstance.
V. What is accidental homicide?
-Accidental homicide is death of a person brought about by a lawful act performed with
proper care and skill, and without homicidal intent.
Rape (Art. 266-A) (RA 8353)
I. How committed?
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-Taking means the act of depriving another of the possession and dominion of movable
property.
Note: The taking must be accompanied by the intention, at the time of the taking, of
withholding the thin with some character of permanency.
IV. When is unlawful taking complete?
-Unlawful taking is complete upon the material occupation of the thing by the offender
and placing it under his control with the ability to dispose it.
Note: Under Art. 308 of the RPC, theft cannot have a frustrated stage. Theft can only be
attempted or consummated.
.Swindling (Estafa) (Art. 315, RPC)
I. What are the elements of estafa in: (Students)
1. general;
2. with unfaithfulness; and,
3. by means of false pretenses or fraudulent acts under Art. 315 (2)
Batas Pambansa Blg. 22
I. How BP 22 is violated? (Elements: Students)
II. What are the distinctions between estafa under Art. 315 (2) of the RPC and violation of BP
22?
-The distinctions are as follows:
1. In estafa deceit and damage are material while in BP 22, deceit and damage are
immaterial.
2. Estafa is a crime against property. BP 22 is a crime against public order
3. In estafa, the gravamen of the offense is the deceit employed whereas in BP 22, the
gravamen of the offense is the issuance of the check.
4. In estafa, knowledge by the drawer of insufficient funds is not required while in BP 22,
the knowledge by the drawer of insufficient funds is required.
III. When is there a prima facie evidence of knowledge of insufficient funds?
-There is a prima facie evidence of knowledge of insufficient funds when the check was
presented within 90 days from the date appearing on the check and was dishonored.
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Exceptions:
1. When the check was presented after 90 days from date;
2. When the maker or drawer:
a. Pays the holder of the check the amount due within five banking days after
receiving notice that such check has not been paid by the drawee;
b. Makes arrangements for payment in full by the drawee of such check within
five banking days after notice of non-payment
Adultery (Art. 333, RPC)
I. What are the elements? (Students)
Notes:
For adultery to exist, there must be a marriage although it be subsequently annulled.
There is no adultery, if the marriage is void from the beginning.
Adultery is an instantaneous crime which is consummated and completed at the moment
of carnal action.
A single intercourse consummates the crime of adultery. Each sexual intercourse
constitutes a crime of adultery, even if involves the same man.
There is no frustrated adultery because of the nature of the offense.
Abandonment without justification is not exempting, but only mitigating circumstance.
Concubinage (Art. 334, RPC)
I. What are the elements? (Students)
Notes:
Only the offended spouse can bring the prosecution.
This is a crime committed by the married man, the husband. Similarly, it includes the
woman who had a relationship with the married man.
II. May a husband be liable for concubinage and adultery at the same time for the same act of
illicit intercourse with the wife of another man?
-Yes, when the husband commits concubinage with a married woman and provided that
the two offended parties, i.e., his wife and the husband of his mistress file separate cases
against him.
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