I.

Fundamental Principles
a) What is Criminal law?
A branch of public law which defines criminal
offenses and prescribes specific punishment for them.
b) What are the constitutional limitations on the right to
enact penal laws?
It must be general in application
No law must be passed imposing cruel and unusual
punishment or excessive fines
No ex post facto law or bill of attainder
c) What is an ex post facto law?
A penal law which is given retroactive application to
prejudice the accused
d) What are the characteristics of a penal law?
Generality persons covered by the law
Territoriality place where the law is applicable
Prospectivity time when the law should be applied
e) Does prospectivity rule cover only laws enacted by the
legislature?
No, prospectivity rule also applies to penal circulars.
f) What is the effect of the courts interpretation upon a
written law?
It shall have the force of a law
g) What is principle of retroactivity of laws and what is the
rationale behind it?
The law looks forward not backward (Lex prospicit,
non respicit). A law usually derides rights which may
have already become vested or impairs the obligations
of contracts and hence in unconstitutional

h) What are the different philosophies underlying the

criminal law system?
Classical or Juristic
Human free will
Retribution,
commensurate
punishment
Predetermined and rigid
established by a specific
and predetermined
penalty for the offense
committed
On the offense and not
the offender

Basis of
Criminal
liability

Positivist or Realistic
Man is inherently good
but offender is socially
sick

Purpose of
Penalty

Reformation

Determination
of Penalty

Case to case basis

Emphasis of the
Law

On the offender not on

the offense

Ecclectic combines the good features of classical

and positivist theories. Classical for grievous crimes
and positivist on economic and social crimes
Utilitarian the objective of the retribution of a
wronged society should be directed against the actual
and potential wrongdoers
i) What is the principle of nulum crime nula poena sine
lege?
There is no crime when there is no law that defines and
punishes it
j) What is the rule in the interpretation of penal laws in
relation to accused culpability?
All penal laws must be construed liberally in favor of
the accused and strictly against the state
k) What is the equipoise rule?
Where the evidence of the prosecution and the defense
are equally balanced, the scale should be tilted in favor

of the accused in view of the constitutional presumption

of innocence
l) What is the principle of liberality in the application of
laws on the accused?
When there is doubt to construction, one which is in
favor of the accused should be applied (?)
m) What is the meaning of the maxim actus non facit
reum, nisi mens sit rea?
The act cannot be criminal unless the mind is criminal
n) How are crimes classified?
A. As to commission
1. Dolo (intent)
2. Culpa (means of fault)
B. As to stage of execution
1. Attempted
2. Frustrated
3. Consummated
C. Classification of felonies
1. Formal felonies
2. Material felonies
3. Felonies which cannot be committed in the
frustrated stage
D. As to gravity
1. Grave
2. Less grave
3. Light
E. As to count
1. Compound
2. Complex
3. Composite or Special crimes
4. Continued
5. Continuing

o)
p)
q)

r)

s)

F. As to nature
1. Mala in se
2. Mala prohibita
What are crimes mala in se?
Acts or omissions which are inherently evil. Generally
crimes punished under the RPC
What are crimes mala prohibita?
Acts made evil because there is a law prohibiting the
same
If a special law uses the nomenclature of penalties in
the RPC, what is the effect on the nature of the crime
covered by the special law?
It does not necessarily make the act or omission malum
in se. The law may only intend to make the RPC apply
suppletorily thereto
Which of mala in se or mala prohibita involves moral
turpitude?
Mala in se involves moral turpitude for it implies
something immoral in itself
What is the effect of the repeal of penal laws on the
accused?
In absolute or express repeal, the act or omission is
decriminalized
In partial or relative or implied repeal or repeal by
reenactment, the second law will govern, unless a)
accused is a habitual delinquent and b) second law
prohibits retroactivity

II. Article 1: Time when RPC takes effect

First day of January, 1932 (Jan. 1, 1932)
III.
Article 2: Application of RPC
a) What are the scope of application of the RPC?
Intra-territorial and extra-territorial

b) What does the phrase except as provided in treaties

and laws of preferential application mean?
The treaties and laws of preferential application shall be
given preference over the provisions of the RPC.
c) What comprises the Philippine archipelago?
The Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over
which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the
archipelago regardless of their breadth and dimensions,
form part of the internal waters of the Philippines (Art.
1, 1987 Constitution)
d) Is it correct to refer to the Philippine Government as
Government of the Philippine Island?
No, pursuant to Sec. 2 introductory provisions of E.O.
292, it should be referred to as Government of the
Republic of the Philippines.
CHAPTER 1: FELONIES
IV.

Article 3: Definitions
a) What are felonies?
Act or omissions punishable under the RPC
b) How are felonies committed?
By means of dolo or culpa
c) What are the elements of intentional felonies and
culpable felonies?
Dolo
Culpa
Freedom of action
Freedom of action
Intelligence
Intelligence

Intent

Negligence, imprudence,
lack of foresight, lack of skill

d) What is intent?
The use of a particular means to bring about the desired
result
e) What is the rule on the existence of intent?
Criminal intent is generally presumed but where intent
is an element of the crime, the intent must be proven
f) How is intent manifested?
Its existence can only be demonstrated by overt acts of
a person
g) What is motive?
The moving power or force which impels a person to
commit acts toward a desired result
h) Is motive determinant of criminal liability?
Motive is immaterial in incurring criminal liability
i) When is motive material in determining the criminal
agency?
i.
The act brings about variant crimes
ii.
There is doubt wether the accused committed the
crime, or the identity of the accused is doubtful
iii.
The evidence on the commission of the crime is
purely circumstantial
iv. The evidence of guilt of the accused is inconclusive
j) What factors affect intent?
i.
Mistake of fact
ii.
Aberration ictus (mistake in the victim of the blow)
iii.
Error in personae (mistake in the identity)
iv. Praeter intentionem (so grave a wrong caused than
that intended)
v. Proximate cause
k) What is mistake of fact?

That mistake which had the facts been true to the belief
of the offender, can justify his act. A mistake that will
negative criminal liability
l) What is aberration ictus?
Offender intends the injury on one person but harm fell
on another
m) What is error in personae?
A mistake in ascertaining the identity of the victim
n) What is praeter intentionem?
The injury is on the intended victim but the resulting
consequence is so grave a wrong than what was
intended
o) What is proximate cause?
Cause which, in its natural and continuous sequence,
unbroken by an efficient intervening cause, produces
the injury and without which the result would not have
occurred
p) Define intelligence within the purview of felonies?
The capacity to understand what is right and what is
wrong
V. Article 4: Criminal Liability
a) Who are liable for felonies?
Those who commit a felony, although the wrongful act
done is different from that intended
Those who do not actually commit a felony but
perform an act which would be an offense against
persons or property were it not for the inherent
impossibility of its accomplishment or on account of
the employment of inadequate or ineffectual means
b) How many clauses are there in paragraph 1 of Art. 4?
By any person committing a felony
Although the wrongful act done be different from that
which he intended

c) Does the first clause refer only to intentional felony?

No, because the provision specified delito and under
Art. 3, delitos are committed either by dolo or by culpa
d) What is an impossible crime?
One where the acts performed would have been a crime
against persons or property but which is not
accomplished because of its inherent impossibility or
because of the employment of inadequate or ineffectual
means
e) What are the two kinds of inherent impossibility?
Legal impossibility, where the intended acts, even if
completed would not amount to a crime
Factual or physical impossibility of accomplishing the
intended act
f) If there is no crime committed, why is impossible crime
punished?
To punish criminal tendencies and suppress lawlessness
g) Is there an impossible crime of rape?
Yes, because rape is now a crime against person
VI.
Article 5: Duty of the court
a) What is the proper decision that the court should
render if it tried a case for which an act which is not yet
punishable by law?
The court should render a decision of acquittal or order
the dismissal of the case because of Art. 21 which
prohibit the imposition of a penalty not prescribed by
law prior to the commission of a felony
b) What is the duty of the court when the penalty of the
penalty prescribed for a felony is excessive?
The court should call the attention of the president on
the matter.
VII. Article 6: Consummated, Frustrated and attempted
felonies

a) When is a felony consummated?

When all the acts necessary for its accomplishment and
execution are present
b) When is a felony frustrated?
When the offender performs all the acts which would
produce the felony as a consequence, but the felony was
not produced by reason of causes independent of the
will of the perpetrator
c) When is a felony attempted?
When the offender commences the commission of an
offense directly by overt acts, and does not perform all
the acts of execution which should produce the felony
by reason of some cause or accident other than his own
spontaneous desistance
d) What are overt acts?
External acts which if continued will logically result in
a felony
e) What are preparatory acts?
Acts which will still require another act so that a felony
will result
f) What is required for the overt act to be considered an
attempt of a felony?
The overt act must be directly related to the offense
committed
g) What is desistance?
It is the act of discontinuing the execution of the felony
which will negative criminal liability of the offender
when done during the attempted stage
h) What is frustrated stage of a felony?
That which when the offender has reached the objective
phase.
i) What crimes do not admit frustrated stage of felony?
Rape

Arson
Corruption of public officers
Adultery
Theft and Robbery
j) Distinguish between the attempted and frustrated
felonies.
Attempted
Frustrated
As to acts of
execution
As to causes of
nonaccomplishmen
t
Phase

Not all acts of

All acts of execution
execution have been
have been performed
done
Not produced by
reason of cause or
Some cause
accident other than
independent of the
the offenders own
will of the perpetrator
spontaneous
desistance
Subjective phase
Objective phase
Included in the
frustrated stage
Intent is inherent for the offender has
commenced the commission of the felony but
was unsuccessful

VIII. Article 7: Light felonies

a) When are light felonies punishable?
When they are consummated
Unless when committed against persons or property
b) Who are punishable in light felonies?
Only principals and accomplices
IX.
Article 8: Conspiracy and proposal to commit felony
a) What is conspiracy?
There is conspiracy when two or more persons come to
an agreement concerning the commission of a felony
and decide to commit it.
b) What proof is required for conspiracy?

c)

d)

e)
f)

g)

h)

i)

The same degree of proof required for establishing the

crime is required to support a finding of conspiracy
To be liable for conspiracy, what is to be done by a
conspirator?
It is essential for one to be a party to a conspiracy as to
be liable for the acts of others that there is intentional
participation in the transaction with a vie to the
furtherance of the common design
What are two concepts of conspiracy?
As a crime by itself
As means of committing a crime
Pre-agreement or planning
Implied from the concerted acts of the offenders or
implied conspiracy
What is implied conspiracy?
One that is deduced from the mode and manner in
which the offense was committed
When conspiracy involves a pre-conceived plan what
should be required of the co-conspirator?
Unless he is a mastermind, he should appear in the
crime
Does a finding of conspiracy require direct proof
thereof?
No, for conspiracy may be inferred from the acts of the
accused before, during and after the commission of the
crime
Is it necessary for the co-conspirators to perform
equally each and every part of the acts constituting the
offense?
No, as long as the parts played by each of the principals
in the conspiracy contribute to the realization of
common design, they are liable equally
What is the concept of the act of one is the act of all?

When conspiracy is established, all who participated

therein, irrespective of the quantity and quality of his
participation is liable equally, whether the conspiracy is
pre-planned or instantaneous
j) In the absence of a conspiracy, what is the liability of
the offenders?
In the absence of previous conspiracy, unity of criminal
purpose and intention immediately before the
commission of the crime, or community of criminal
design, the criminal responsibilities arising from
different acts directed against one and the same person
is individual and not collective, and each of the
participants is liable only for the act committed by him
k) What is the arias doctrine?
All heads of office have to rely to a reasonable extent
on their subordinates and on the good faith of those who
prepare bids, purchase supplies, or enter into
negociations
X. Article 9: Grave, Less Grave, and Light Felonies
a) How are felonies classified as to gravity?
Grave penalized by capital punishment or afflictive
penalties in any of its periods
Less Grave punished with penalties which in their
maximum period are correctional
Light punished with arresto menor or a fine not
exceeding P200
b) What is the significance of classifying felonies into
grave, less grave or light?
To determine
Whether a complex crime was committed
The duration of the subsidiary penalty to be
imposed

XI.

The duration of the subsidiary penalty to be

imposed
The duration of the detention in case of failure to
keep bond of good peace
Whether the crime has prescribed
Whether or not there is delay in the delivery of
detained persons to the judicial authority
The proper penalty for quasi-offenses
Article 10: Offenses not subject to the provisions of the
RPC

a) What are special laws?

They are laws that define and penalize crimes not
included in the RPC
b) When is the Suppletory effect of the RPC on special
law not available?
The general rule is that special laws are not subject to
the provisions of the RPC
c) What is the relation between dolo and special law?
Dolo is not required in crimes punished by a special
statute because it is the act alone, irrespective of the
motives which constitute the offense