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ARTICLE 2. Except as provided in the treaties and laws of preferential application, the provisions of the
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. Commit an offense while on a Philippine ship or airship
2. Forge or counterfeit any coin or currency not of the Philippines or obligations and securities
issued by the government
3. Should be liable for acts connected with the introduction into the country of forged obligations
4. While being public officers or employees, should commit an offense in the exercise of their
functions
5. Commit any of the crimes against national security and the law of the nations
ART 2(1)
Requirements to apply provision:
a. On board a private of merchant ship
b. Ship must be registered at the Maritime Industry Authority (MARINA); airship must be
registered at the Civil Aeronautics Administration
c. Committed while registered Philippine ship is on international waters
French Rule
- Crimes are cognizable only by the courts of the country to which the vessel belongs except
those which affect the tranquillity of the port or persons foreign to the crew.
- Nationality of the ship
ART 2(4)
Examples of felonies committed by public officers in their exercise of functions:
1) Direct or Indirect bribery
2) Frauds against public treasury
3) Malversation of public funds
4) Illegal use of public funds and properties
ART(2(5)
Example of crimes against national security:
1) Treason
2) Conspiracy and proposal to commit treason
3) Espionage
ARTICLE 3. Felonies.
- Act or omission punishable by the Revised Penal Code
Crime - Any violation of the RPC, special penal laws and municipal or city ordinances
Elements of a Felony:
1. Must be an act or omission
2. Must be punishable by the RPC
3. Must be voluntary
a. Freedom
b. Intelligence
c. Intent
Felony or malum in se
1. Inherently wrong and essentially evil
2. Act punishable by the RPC
3. Criminal intent is an essential element
4. Honest mistake of fact is a defense
5. Good faith is a defense
6. Persons criminally liable are principals, accomplices, accessories
7. Execution has 3 stages (Art 6)
8. Penalties are classified into degrees or periods
9. Rules of mitigating, aggravating, alternative circumstances apply
**Nullum crimen, nulla poene sine lege There is no crime unless there is a law punishing it.
** Without criminal intent, the act is not a felony
Elements:
1. Act done would have been lawful had the facts been as the accused believed them to be
2. Intention of accused was lawful
3. No fault or negligence
US vs Ah Chong.
**No honest mistake of fact if there is negligence or fault on the part of the accused.
ART 4(1)
Requirements to apply provision:
1. Accused commit a felony
2. Felony must be intentional
3. Felony committed by the accused should be the proximate cause of the resulting injury.
Proximate Cause
- Cause which in the sequence of events, unbroken by any efficient intervening cause, produces
the injury and without which such injury would not have occurred.
- El que es causa de la causa es causa del mal causado
*In an impossible crime, objectively there is no crime committed but subjectively the accused is
punished for his criminal tendency and propensity.
Consummated Stage
- When all the elements necessary for the felonys execution and accomplishment are present
Frustrated Stage
- Offender performs all acts but does not produce the felony by reason of causes independent of
his will
Attempted Stage
- Offender commences the commission of the felony but does not do all the acts by reason of
some cause other than his own spontaneous desistance
**Indeterminate state phase where the purpose of the overt acts committed by the accused is
uncertain or indefinite.
**Subjective phase phase starting from the first act committed by the offender to begin commission
of the felony up to the last act over which he still has control
Acts of lasciviousness: If committed with the intention of having sex, crime is attempted rape
If committed without the intent of having sex, crime if acts of lasciviousness
ARTICLE 7. When light felonies are punishable only when they have been consummated, with the
exception of those committed against persons or property
Light felony
- Infraction of law for the commission of which the penalty of arresto menor or fine not exceeding
Php 200, or both, is provided.
ARTICLE 8. Conspiracy and proposal to commit felony Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially provides a penalty thereof.
Conspiracy Exists when two or more persons come to an agreement concerning the commission of a
felony and they decide to commit it.
Instances of proposal:
a. Treason
b. Rebellion
c. Coup detat
Elements of conspiracy:
1. Agreement concerning the commission of a felony
2. Decision to commit
3. Overt acts which indicate closeness, coordination or personal association, so as to show a
concerted action or joint criminal objective
Grave Felonies
- Those which are punishable by the capital punishment or penalties which in any of their periods
are afflictive under Article 25
a. Reclusion perpetua
b. Reclusion temporal
c. Perpetual or temporary absolute disqualification
d. Perpetual or temporary special disqualification
e. Prision mayor
Light Felonies
- Infractions of law for the commission of which the penalty of arresto menor or a fine not
exceeding Php 200, or both
a. Arresto menor
b. Public censure
ARTICLE 10. Offenses not subject to the provisions of this Code. Offenses which are or in the future
may be punishable under special laws are not subject to the provisions of this Code. This Code shall be
supplementary to such laws, unless the latter should specially provide the contrary.
General Rule: Offenses which are punishable under special penal laws are not subject to the provisions
of the RPC.
- Circumstance which is present in the commission of a felony relieves the accused of his criminal
and civil liabilities
**Prosecution has the burden of proving the guilt of the accused beyond reasonable doubt
**In invoking justifying circumstance as defense, the accused must first admit the act. Burden of
evidence shifts to the accused to prove all the elements of self-defense by clear and convincing
evidence
** admission of guilt causes the accused to lose his right to be presumed innocent and his right to
present evidence for his defense and acquittal
Requisites of Self-Defense:
1. Unlawful Aggression
2. Reasonable necessity of the means employed to repel or prevent attack
3. Lack of sufficient provocation on the part of the one defending
ART 11(1)
Rationale:
(Impulse of self-preservation) Man's natural instinct to protect, repel and save his person or rights from
danger
- (definition) Sudden, unprovoked and unlawful attack which places a person's life and limb in
actual, imminent or real danger
- Must be a continuing circumstance or must be existing at the time the defense is made
- Must be real and not imaginary
- To consider an unlawful aggression, it is necessary that an offensive act positively determining
the intent of the aggressor to cause an injury have been made
a. Aggressor is disarmed
Factors to consider:
a. Existence of an emergency
b. Imminent danger
c. Instinct which impels the defense
d. Nature and quality of the weapon used
e. Physical condition of the aggressor
f. Character of the aggressor
g. Place and the occasion of the assault
** Nature, number, location and extent of the wounds of the victim may belie the claim of self-defense
Lack of sufficient Provocation
Provocation
- (definition) Any unjust or improper conduct of the offended party capable of exciting, inciting or
irritating anyone
ART 11(2)
1. Spouse
2. Ascendants
3. Descendants
ART 11(3)
Stranger - any person not included in the term relative in Art 11(2)
1. Unlawful Aggression
ART 11(4)
3. There be no other practical and less harmful means of preventing the injury
4. Evil or injury sought to be avoided must not be caused by the negligence or imprudence of the
accused nor must it be the result of any violation of the law
ART 11(5)
- Fulfilment of a duty must be done within the limits of the law; no neglect or abuse
**Performance of duties does not include murder ("Murder is never justified regardless of the victim")
ART 11(6)
1. Imbecile or insane person, unless the latter acted during a lucid interval
2. Child 15 years old or under. Child be subjected to an intervention program
3. Child above 15 but below 18 shall be subjected to an intervention program unless he acted with
discernment in which case he shall be subjected to diversion proceedings
4. Person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention
5. Any person who acts under compulsion of irresistible force
6. Person who acts under the impulse of an uncontrollable fear of an equal or greater injury
7. Person who fails to perform an act required by law, when prevented by some lawful or
insuperable cause
What is Exempting Circumstance?
- Circumstance which if present in the commission of a felony, frees the offender from criminal
liability but does not relieve him of his civil liability except in Par 4.
**Accused must initially admit the fact that he committed the act
ART 12(1)
Insanity
- Disease or defect of the brain, permanently diseased or disordered condition of the mentality,
functional or organic and characterized by perversion, inhibition or disordered function of the
sensory or of the intellectual faculties
- Insane person has no full and clear understanding of the nature and consequence of his act
- May be shown by surrounding circumstances such as person's general conduct and appearance,
his acts and conduct inconsistent with his previous character
Imbecility
- One who must be deprived completely of reason or discernment and freedom of will at the time
of committing the crime
- Mental development comparable to a child between 2-7 y/o
- An insane person is exempt from criminal liability unless he has acted during a lucid interval
Law presumes that every person is of sound mind, in the absence of proof to the contrary.
- A person who pleads insanity bears the burden of proving that he was completely deprived of reason
when he committed the crime
Not exempting:
ART 12(2)
Juvenile and justice welfare system - system dealing with children at risk and children in conflict with
the law, which provides child-appropriate proceedings
Offenses with a child in conflict with the law not liable for:
2. Mendicancy
3. Sniffing of rugby
4. Status offenses
Intervention
- Series of activities which are designed to address issues that caused the child to commit an offense
Diversion Program
- Program that the child in conflict is required to undergo after he is found responsible for an offense
without resorting to formal court proceedings
ART 12(3)
Law presumes that the child above 15 but below 18 acted without discernment.
Effects of child committing an offense without discernment:
a. Criminally liable
- Mental capacity of child, his appearance, attitude, behavior and conduct before and during the
commission of crime and conduct during and after trial
If the child who is under 18 y/o at the the time of the commission of the offense is found guilty, the
court shall determine any civil liability which may have resulted from the offense. The court then will
place the child in conflict with the law under suspended sentence without need of application provided
that the suspension of sentence shall still be applied even if the juvenile is already 18y/o or more at the
time of the time of the pronouncement of his guilt.
ART 12(4)
Requisites of accident
*Accident - Fortuitive circumstance; event which under the circumstance is unusual or unexpected by
the person to whom it happens
*Negligence - failure to observe, for the protection of the interest of another person, that degree of
care, precaution and vigilance which the circumstances justly demand without which such other person
suffers injury
ART 12(5)
Degree of force required to be exempt? Force contemplated must be so formidable as to reduce the
actor to a mere instrument who acts only without will but against will.
** Compulsion must be of such character as to leave no opportunity to the accused for escape or self-
defense
ART 12(6)
Requisites of uncontrollable fear
a. Existence of an uncontrollable fear
b. Fear must be real and imminent
c. Fear of an injury is greater than, or at least equal to, that committed
** Threat, in order to induce insuperable fear, must promise such grave results and such results must be
so imminent that the common run of men would succumb
Examples of PMC:
a. Incomplete justifying or exempting circumstance
b. Child is over 15 but under 18 at the time of the commission of the offense and he acted with
discernment
c. When there are two or more mitigating circumstances and no aggravating circumstances
Examples of OMC:
a. Lack of intent to commit so grave a wrong as that committed
b. Sufficient provocation on the part of the offended party immediately preceded the act
c. Act was committed in immediate vindication of a grave offense against relatives
d. Acted upon an impulse so powerful as naturally to have produced passion or obfuscation
e. Voluntary surrender to a person in authority
f. Voluntary confession of guilt before the court prior to the presentation of evidence for the
prosecution
g. Offender is deaf and dumb, blind or suffering some physical defect which thus restricts his
means of action, defense or communication with his fellow beings
h. Illness of the offender that diminishes the exercise of the will-power of the offender without
depriving him of the consciousness of his acts
i. Other circumstances of a similar nature or analogous to those above-mentioned
ART 13(1)
Effect of incomplete justifying or exempting circumstance is to reduce penalty by one of two degrees
lower than that prescribed by law provided that majority of the conditions required to justify or exempt
are present.
**Unlawful aggression must always be present
ART 13(3)
Lack of intent to commit so grave a wrong as that committed is an internal state of mind that can be
shown only by external circumstances:
1. Kind of weapon used
2. Mode of attack
3. Nature of the injury inflicted on the victim
4. Part of the body injured
5. Location of the wound
6. Number of wounds suffered by the victim
7. Manner the wound is inflicted
8. Attitude of the mind when the accused attacked the victim
*Lack of intent should exist at the particular moment when the accused executes the criminal act
Lack of intent to commit so grave a wrong as that committed which cannot be appreciated:
a. Anti-hazing Law
b. Crime committed through negligence or carelessness
c. Aberratio ictus
ART 13(4)
Provocation
- Any unjust or improper conduct or act the offended party capable of exciting, inciting or
irritating anyone
- Must be sufficient and should immediately precede the act
- Proportionate in gravity
*Lapse of 24 hours from the provocation of threat to the killing cannot be deemed to have immediately
preceded the crime
ART 13(5)
*Question of whether or not a certain personal offense is grave is dependent upon factors such as social
standing of the person, place and time the insult was made
ART 13(6)
There is passional obfuscation when crime was committed due to an uncontrollable burst of passion
provoked by prior unjust or improper acts or due to a legitimate stimulus so powerful as to overcome
reason.
ART 13(7)
Requisites of voluntary surrender:
1. Offender has not been actually arrested
2. Offender surrendered himself to a person in authority
3. Surrender must be voluntary
4. Must be unconditional
5. Must be spontaneous
**Voluntary surrender cannot be considered after warrant of arrest has been served
ART 13(10)
Instances under other circumstances of similar nature
a. Extreme poverty and necessity
b. Belief in witchcraft
**Aggravating circumstances are strictly construed because the result may be the imposition of death
penalty
ART 14(1)
Circumstance where taking advantage of ones public position cannot be considered:
a. Crime by a public officer through negligence or carelessness
b. When aggravating circumstance is not expressly alleged in the complaint or information
c. No evidence is presented in court to prove aggravating circumstance
d. No malversation of funds or fraud against the public treasury
e. Sufficient provocation immediately preceded the crime
f. Crime was committed out of passion or obfuscation
ART 14(2)
*Based on the greater criminal perversity of the offender as shown by his lack of respect to public
authorities
Requisites:
a. Public authority be engaged in performance of duty
b. Public authority must not be the person against whom the crime is committed
c. Offender knows that he is a public authority
*Can exist only when the public authority is engaged in the exercise of his functions and is NOT the
person whom the crime is committed
ART 14(3)
*Apply only to crimes against persons or honor
*There must be evidence that the accused deliberately intended to offend or insult the sex, rank, age of
the offended party
May the four aggravating circumstances be considered separately if they concur in the same case?
YES. Circumstances may be considered separately against the offender if they concur in the case and
their elements are distinctly perceived and can subsist independently revealing greater perversity
ART 14(4)
Requisites of abuse of confidence:
a. Offended party trusted the offender
b. Offender abused trust by committing the crime against the offended party
c. Culprit took advantage of the offended partys belief that the former would not abuse
confidence given to him
ART 14(6)
Nighttime
- Period of darkness from sunset to sunrise
- Aggravating circumstance when the accused takes advantage of the silence and darkness of the
night to ensure impunity from his act
- Crime must be commenced and accomplished during this period
ART 14(7)
There must be deliberate intent to take advantage over the calamity or misfortune
ART 14(8)
Armed men
- Atleast 2 men
- Must take part directly or indirectly in the crime
- Mere moral or psychological aid is sufficient
ART 14(9)
Recidivist one who, at the time of his trial for one crime, shall have been previously convicted by final
judgement of another crime embraced in the same title of the RPC
ART 14(11)
** Price, reward, promise must be the sole motivating factor in the commission of the crime
** One who offers is a principal by inducement, one who accepts is a principal by direct participation
ART 14(12)
Difference of Par 7 and Par 12:
Paragraph 7: calamity or misfortune not within offenders control
Paragraph 12: acts of great waste and ruin used by offender as means
ART 14(13)
Evident premeditation
- Essence of such is that the execution of the criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal intent during the space of time sufficient
to arrive at a calm judgment
ART 14(14)
Craft involved intellectual trickery and cunning on the part of the accused
Fraud constitutes deceit and in manifested by insidious words and machinations
Disguise resorting to any device to conceal identity
ART 14(15)
**Whenever there is notorious inequality of forces between the victim and the aggressor
ART 14(16)
Treachery = Alevosia
- When the offender commits any of the crimes against persons, employing means, methods or
forms in the execution thereof which tend directly and specially to insure its execution, without
risk to the offender arising from the defence which the victim might make.
- Must be proved by clear and convincing evidence
ART 14(17)
Ignominy a circumstance pertaining to the moral order which adds disgrace and obloquy to the
material injury caused by the crime
ART 14(18)
There is an unlawful entry when an entrance is effected by a way not intended for the purpose
ART 14(19)
Breaking a wall, roof, floor, door or window must be used as a means to commit the crime
Breaking a wall, roof, floor, door or window is inherent in the following crimes:
1. Robbery in an inhabited house or public building or edifice devoted to religious worship
2. Robbery in an uninhabited place or in a private building
ART 14(20)
Aid of Minor involves the taking advantage of the childs immaturity or innocence
Use of Motor Vehicles use of the motor vehicle must be the means used to commit the crime
ART 14(21)
When is there cruelty?
- When the culprit enjoys and delights in making his victim suffer slowly and gradually, causing
him unnecessary physical pain in the consummation of the criminal act
**Cruelty cannot be presumed
Requisites:
1. That the injury caused be deliberately increased by causing another wrong
2. That the other wrong be unnecessary for the execution of the purpose of the offender
Relationship
Alternative circumstance of relationship shall be taken into consideration when the offended party is
the:
1. Spouse
2. Ascendant
3. Descendant
4. Legitimate, natural or adopted brother or sister
5. Relative by affinity in the same degrees of the offender
Intoxication
a. Mitigating when:
i. Drinking is not habitual or accidental
ii. If the intoxication is not subsequent to the plan to commit a crime
*Reason for mitigating: exercise of will power is impaired
b. Aggravating when:
i. If habitual
ii. If intoxication is intentional (fully knowing its effects as a stimulant) or
subsequent to the plan to commit the crime
*Reason for aggravating: bolstered courage to commit the crime (intentional); lessens resistance to evil
thoughts (habitual)
**Habitual drunkard one given to intoxication by excessive use of intoxicating drinks; habit should be
actual and confirmed
**Intoxication as an aggravating circumstance must be established by clear and convincing proof
Degree of Education
*Lack of education as a mitigating circumstance refers to lack of sufficient intelligence and not merely to
illiteracy or lack of formal education or schooling
Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring
civil and criminal actions, in conformity with laws and regulations of their organization (Art 46, NCC).
Art 17(1)
When there is conspiracy, conspirators are equally liable as principals regardless of the manner and
extent of participation or contribution of the accused.
Elements of conspiracy:
1. Agreement in the commission of a felony
2. Decision to commit the felony
3. Overt acts which indicate closeness, coordination or personal association to show a concerted
action, common criminal design, joint criminal objective
*Conspiracy must be established by clear and convincing evidence; cannot be presumed.
Mere presence at the scene of the crime does not make one a conspirator but if he was there for moral
support and reinforce the aggression, he may be liable as a conspirator.
If there is no conspiracy:
- Accused may be held only as an accomplice if he had knowledge of the criminal resolution.
o Accused does not have previous agreement with the principal to commit crime but he
participates to a certain point in the criminal design.
- Accused shall be liable individually and only up to the extent of his participation in the crime.
*In case of doubt, accused is considered an accomplice because courts lean in favour of a milder form of
responsibility.
Art 17(2)
To consider one as principal by induction, it is necessary that the advisor (inducer) had so great influence
that his words were efficacious and powerful as to amount to moral coercion.
- Proof is required to justify inducement
ART 17(3)
Principal by indispensable cooperation one who having directly participated in the criminal design,
cooperates in the commission of the crime by committing another act without which the crime would
not have been accomplished.
Requisites:
1. Participation in the criminal resolution
2. Cooperation in the commission of the offense by performing another act without which it would
not have been accomplished
Cooperation means assistance knowingly or intentionally rendered which cannot exist without
previous understanding of the criminal act intended to be executed.
Example:
Holding of victims hands to prevent from defending himself
If contributory acts were made after the commission of the crime, accused cannot be considered a
principal by indispensable cooperation.
An accused may be both principal by direct participation and principal by indispensable cooperation.
Example:
In gang rapes. Accused is guilty of rape committed by himself and of rape by his co-accused with
his cooperation (holding victims arms and legs)
ARTICLE 18. Accomplices are persons who, not being included in Article 17, cooperate in the execution
of the offense by previous or simultaneous acts.
What is an accomplice?
- One who knows the criminal design of the principal and cooperates intentionally by doing an
act, which even if not rendered, the crime would be committed just the same.
Elements:
1. Community of criminal design: knowing the design and concurs with the purpose
2. Performance of previous or simultaneous acts which are not indispensable to the commission of
the crime.
In the absence of conspiracy, giving a pre-arranged signal to another accused may make one an
accomplice.
In the absence of complicity between the accomplice and the author of the crime, the person purported
to be an accomplice may not behalf criminally liable.
- If there is no concurrence of the will of the accomplice with the will of the author of the crime,
the accused accomplice cannot be criminally responsible as such of the actual perpetrator.
Where the accuseds acts do not make him an accomplice, although he committed them at the time
when the principal executed the crime since there is no conspiracy and no concurrence of will:
a. During a fight, Isidro and Clemente overpowered Pedro and held him on the ground. Epifanio,
father of Isidro and Clemente, stabbed Pedro. The assault was committed without concurrence
of the will of Isidro and Clemente. Isidro and Clemente = not an accomplice
Mere presence at the scene of the crime does not make one an accomplice.
- Responsibility of the accomplice is to be determined by acts of aid and assistance, prior or
simultaneous with the commission of crime, rendered knowingly for the principal, unless the
object of such presence was to encourage.
ARTICLE 19. Accessories are those who, having knowledge of the commission of the crime, and without
having participated therein, either as the principals or accomplices, take part subsequent to its
commission in any of the following manners:
1. Profiting themselves or assisting the offender to profit by effect of the crime
2. Concealing or destroying the body of the crime or the effects or instruments thereof, in order to
prevent its discovery
3. Harboring, concealing 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 an attempt to take the life of the Chief Executive or is known to be
habitually guilty of some other crime.
Art 19(1)
Knowledge of the crime is necessary to make one an accessory after the fact.
By profiting themselves from the effects of the crime constitutes an act of an accessory.
- A person who receives any property from another, knowing that the same had been stole, is
guilty of the crime of theft, as an accessory after the fact.
- A person who receives stolen property, for the purpose of concealing the same is guilty of the
crime of theft as an accessory.
* Receiving part of the ransom money as their share in the crime of kidnapping
* Receiving part of the stolen goods
ART 19(2)
Acts of an accessory:
a. Concealing or destroying the body or the effects of the crime
b. Concealing the instrument used in the perpetration of the crime
*Knowing where the principal hid the murder weapon does not make one an accessory
ART 19(3)
2 kinds of accessories:
1. Public officer who harbours, conceals or assists in the escape of the principal provided he does
so with abuse of his public functions
2. Private individual or a public officer who, without abusing his public function, harbours, conceals
or assists in the escape of the principal
Acts of an accessory:
a. Giving false information to mislead authorities in a murder case
b. Throwing victims body into the river
c. Driving the principal by direct participation in the crimes of murder and homicide to another
place until arrested
d. Warning or threatening the witness not to tell anyone of the crime
*Determination of liability of the accomplice or accessory can proceed independently from that of the
principal.
If the principal is acquitted, will the acquittal carry with it the acquittal of an accessory?
a. If principal died or escaped and the responsibility of the accused as an accessory was proven,
accused should be held criminally liable.
b. If the principal is acquitted as it was shown that no crime was committed, the accused as an
accessory is also acquitted.
c. If the principal is acquitted due to an exempting circumstance, the accused is still criminally
liable.
d. If principal is acquitted on the ground that he acted under a justifying circumstance [except Art
11(4)], the accused as an accessory is also acquitted.
e. If the principal is acquitted under a justifying circumstance of state of necessity, his acquittal
does not carry with it the acquittal of the accessory
f. If the principal is acquitted under the exempting circumstance of accident [Art 12(4)],
accessory is also acquitted
Reason: Based on blood ties and the preservation of the cleanliness of ones name which compels one
to conceal crimes