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RPC Book 1
A. Fundamental and General Principles in Crim Law
1. Definition of Crim Law
a. Def: branch of law which
a. Defines crimes
b. Treats of their nature
c. Provides for punishment
b. Mala in se and mala prohibita
a. In se – evil in itself; inherently immortal (murder, aron,
rape)
b. Prohibita – crime merely because it is prohibited by
statute; not necessarily immoral
c. Distinctions
i. Nature
ii. Use of GF as a defense
iii. Intent
iv. Degree of accomplishment of the crime
v. MC and AC
vi. Degree of participation
vii. Penalty laws violated
viii. Persons criminally liable
ix. Division of penalties
d. Motive
i. Moving power which impels one to action for a
definite result
ii. When relevant
1. Evid = circumstacial
2. Unreliable source
3. 2 antagonistic heories
4. defense of a stramher
5. doubt as to identity of an assailant
iii. Differences
INTENT MOTIVE
Purpose to use a Reason which impels
particular means to one to action for a
=effect result definite result
Element of crime EXC Not an element
culpable
ii. Culpable
1. Requisites
a. Freedom
b. Intelligence
c. Negligence/ Imprudence
i. Negligence – lack of
foresight; deficiency of
perception; failure to pay
proper ttention
ii. Imprudence – lack of skill;
deficiency of action; failure to
take necessary precaution
d. Mistake of fact – misapprehension of
fact on the part of the accused; no
criminal intent; destroys
presumption of criminal intent which
arises from the commission of a
crime; NOT APPLICABLE in culpable
felonies
e. Requisites of MOF as a defense:
i. Act done would have been
lawful had the facts been as
the accused believed them to
be
ii. Intention of accused is lawful
iii. Mistake must be without
fault
f. When MOF is not a defense
i. Error in personae
ii. Negligence
b. As to nature
i. Mala in se
ii. Mala prohibita
c. As to stage of execution
i. Formal crimes – consummated in one instance
1. Physical injuries
2. Acts of lasciviousness
3. Attempted flight to enemy country
4. Coercion
5. Slander
6. Illegal exaction
ii. Material crimes – have various stages
d. As to gravity
Grave Less Grave Light
1. RP 1. PC 1. Ame
2. RT 2. AMa 2. Fine not
3. P/T 3. Suspension exceeding
AD 4. Destierro 200
4. P/T 5. 200 or more
SD but less
5. PM than 6k
6. Fine
>6k
ii. Minority
1. 15 years OR under at the time of
commission of the offense
a. upon apprehension, in consultation
with LSWD officer, immediately
release
b. intervention program UNLESS best
interest -> youth care facility
2. above 15 but less than 18
a. with discernment -> diversion
i. w/o court proceedings if
imposable penalty exceeds 6
yrs
ii. otherwise, mediation/ family
conferencing/ conciliation
suffice
iii. discernment – mental
capacity to understand the
difference between right and
wrong as determined by
appearance, attitude,
manner of commission,
conduct of offender
b. w/o discernment – intervention
c. status offenses – conduct not
considered an offense if committed
by an adult shall not be punished if
committed by a child
d. not applicable to children
i. vagrancy
ii. mendicancy
iii. sniffing of rugby
iii. Accident
1. Basis: lack of negligence and intent
2. Elements
a. Person is performing a lawful act
b. With due care
c. He causes injury to another by mere
accident
d. Without FAULT or INTENTION of
causing it
iv. Compulsion of irresistible force
1. Basis: lack of freedom
2. Elements:
a. Compulsion is by means of physical
force
b. Physical force must be irresistible
c. Irresistible force must come from a
3P
3. Accused is SECONDARILY liable
v. Impulse of uncontrollable fear
1. Basis: lack of freedom
2. Elements
a. Existence of uncontrollable fear
b. Fear must be REAL and IMMINENT
c. Fear of injury is GREATER THAN (or
at least equal to) that committed
3. Presuppose INTIMIDATION not FORCE
4. No opportunity to escaoe
vi. Insuperable cause
1. Basis: lack of intent
2. Insuperable 0 some motive which has
lawfully, morally or physically prevented a
person to do what the law commands
3. Applies to felonies of omission
4. Elements
a. Act is required by law to be done
b. Person fails to perform
c. Failure was due to some lawful or
insuperable cause
c. Mitigating
a. In general
i. Do not entirely free the actor from crim liability, but
onl serve to reduce the penalty
ii. Type
1. Ordinary (2-10)
a. RPC
i. Under 18 or over 70
ii. No intent to commit so grave
a wrong
iii. Sufficient provocation or
threa
iv. Immediate vindication of a
graveo ffense
v. Passion or obfuscation
vi. Voluntary surrender/
Voluntary plea of guilt/ Plea
to a lower offense
vii. Physical defect
viii. Illness
ix. Analogous circumstances
b. RA 9344 (JJWC)
i. Incomplete justification
ii. Under 18
c. If not offset by a generic aggravating,
effect is to have the penalty imposed
in a minimum period
2. Privileged
a. List
i. In incomplete self-defense,
when there2 of the 3
requisites are present,
b. Operates to reduce the penalty by
one or 2 degrees
c. Cannot be offset
b. Specific
i. Incomplete justification and exemption
1. Incomplete defense
2. Incomplete JC of avoidance of greatr evil or
injury
3. Incomplete JC of performance of duty –
PMC if ½ is present (apply art 69)
4. IJC of obedience of an order – order MUST
ALWAYS be from a superior
5. IEC of minority – with discernment
6. IEC of accident – if reqt of due care and w/o
fault are absent, it will fall under art 365; in
effect, there is MC bec the penalty is lower
than that prov under intentional felony
a. Lawful act and intent ARE
INDISPENSABLE; otherwise,
intentional felony
7. IEC of uncontrollable fear
ii. Under 18 or over 70
1.
iii. No intent to commit so grave a wrong (praeter
intentionem)
1. Applicable when the facts proven show an
EVIDENT DISPROPORTION between the
means employed and the consequences
2. Factors
a. Weapon sed
b. Injury inflicted
c. Manner it is inflicted
d. Part of body injured
3. Not applicable in MURDER qualified by
treachery
4. Not appreciated when there is no physica/
material harm done
5. Not a defense in anti-hazing law
6. Cannot be appreciated in abberatio icus and
erroring personae
iv. Sufficient provocation or threat
1. Requisites
a. Sufficient provocation (adequate to
excite a person to commit a weong
and must accordingly be
proportionate to its gravity)
b. Must come from offended party
c. Provocation must be personal and
directed to the accuded
d. The provocation must immediately
precede the act/ crime
2. Factors
a. Act
b. Social standing of person provoked
c. Place and time of provocation
v. Immediate vindication of a graveo ffense
1. Requisites
a. Grave offense done to:
i. Accused
ii. Spouse
iii. Ascendant
iv. Descendant
v. L/A B/S or relatives by affinity
w/n same degree
b. Felony committed in in immediate
vindication of such grave offense
i. Immediate – allows for a
lapse of time as long as the
offender is still suffering from
mental agony
ii. Grave offense – in general;
need not be unlawful
c. Factors
i. SS
ii. Place
iii. Time
vi. Passion or obfuscation
1. Requisites
a. There be an act:
i. Unlawful AND
ii. Sufficient to produce a
condition of mind
b. Said act which produced the
obfuscation was not far removed
from the commission of the crime by
a considerable length of time (during
w/c perpetrator might recover his
normal equanimity)
c. Act causing such obfuscation was
committed by victim himself
2. May be appreciated even if reported act is
untrue prov that it was honestly beliebed to
be true
3. Legit relations required (BUT LAW DOES
NOT DISTINGUISH?)
4. Need not be immediate
5. Cant coexist with
a. Vindication of grave offense
b. Evident premeditation
c. Treachery
d. Praeter intentione,
vii. Voluntary surrender/ Voluntary plea of guilt
1. 2 MC; if both present, there will be two
indep OMC
a. Voluntary surrender
i. Accused not actually
arrestered
ii. Surrendere himself to PA or
APA
iii. Voluntary (That order of
arrest has been issued is
immaterial)
iv. Unconditional
v. Spontaneous
b. Voluntary plea of guilt
i. Spontaneously confessed
ii. Made in open court
iii. Made prior presentation of
evid for prosec
iv. Confession of guilt was to to
the offense charged
c. Plea of guilt is NOT mitigating in
i. Culpable felonies
ii. Special laws
d. Must be made at first instance
viii. Physical defect
1. Deaf & dumb; blind; physical defense
2. Physical defect must relate to the offense
committed
ix. Illness
1. Requisites
a. Illness must diminish the exercise of
willpower
b. Should not deprive offender of
consciousness of his acts
2. Sample
a. Klepto
b. Feeblemindedness
c. Mistaken belief that killing witches
was for public good
x. Analogous circumstances
1. Jealousy – passion
2. BWS – illness
3. Over 60 with failing eyesight – over 70
4. Act of accused leading police to where evid
was
5. Extreme povertu (crimes against prop) –
state of necessity
6. Voluntary retun of funds
7. Testifying for the prosec w/o being
discharged from info
d. Aggravating
a. In general
i. Serves to have the penalty impose in its max period
prov by law OR change the nature of the crime
b. Factors
i. Motivating power
ii. Place of commission
iii. Means and ways employed
iv. Time
v. Personal circumstances of offender oroffended
party
c. Kinds
i. Generic – generally apply to all crimes
1. Taking advantage of public position
2. Recidivism
3. Nighttime, uninhabited place, band
4. Abuse of confidence or obvious
ungratefulness
5. Place na dtime of commission of the offense
6. Dwelling
7. Breaking of parts of house
8. Unlawful entry
9. Habituality
10. Use of persons under 15
11. Craft, fraud, disguise
ii. Specific – apply to specific crimes
1. Ignominy in crimes against chastity
2. Cruelty and and treachery which are
applicable to crimes against persons found
under par 3(exc dwelling)
3. Disregard of RAS due to the offended party
in crimes against honor and persons
4. Abuse of superior strength or means be
employed to weaken defense in crimes
against prsons
iii. Qualifying – changes the nature of crime
1. Treachery/ EPM qualifies to murder
iv. Inherent
1. EPM
a. Concubinage
b. Robbery
c. Adulety
d. Theft
e. Estafa
2. Abuse of public office in bribery
3. Breaking of a wall or unlawful entry into a
house in robbery with the use offorce upon
things
4. Fraud in estafa
5. Deceit in simple seduction
6. Ignominy in rape
v. Special – arise under special conditions to increase
the penalty of the offense and cannot be offset by
mitigating circumstances
1. Complex crimes
2. Use of unlicensed firearm in homicide or
murder
3. Taking advantage of public position and
membership in an organized/ sn=yndicated
crime group
4. Error in personae
5. Quasi-recidivism
vi. In general
1. AC cant be appreciated if:
a. Constitute a crime specially
punishable
b. Ingredient of crime
2. Cicumstances w/c consist in the ff shall
aggravate the liability of those persons only
who hadknowledge of them at the time of
the execution of the act/ coop
a. EXC: proof of conspiracy
3. Should be specifically alleged in the info
AND fully proved as a crime
4. >1 QAC, one will be appreciated as
qualifying aggravating while the others will
be considered asgeneric aggravating
vii. Specific
1. Taking advantage of public office
2. In contempt of OR with insult to PA
3. With insult OR lack of regard due to
offended party by reason of RAS
4. Abuse of confidence AND obvious
ungratefulness
5. Crime in palace OR in presence of the CE
6. Nightime; Uninhabited place; with a band
7. On occasion of a calamity
8. Aid of armed men OR means to ensure
impunity
9. Recidivism
10. Reiteration or habituality
11. Price, reward OR promise
12. Inundation, fire, poison
13. Epm
14. Craft, fraud OR disguise
15. Superior strength OR means to weaken
defense
16. Treachery
17. Ignominy
18. Unlawful entry
19. Breaking wall, floor, roof
20. With aid of persons under 15 OR by motor
vehicle
21. Cruelty
22.
e. Alternative
f. Absolutory
a. Spontaneous desistance
b. Slight or LSPI under exceptional circ
c. Attempted or frustrated light felonies
d. Instigation
e. Marriage in case S/A/AL/R
f. Accessories who are exempt from crim liab by reason of
relationship in LIGHT felonies
g. Adultery and concubinage in case there is consent OR
pardon
h. Trespass to dwelling when purpose is
i. To prevent some serious harm to himself
ii. Occupants
iii. 3P
iv. rendering some service to humanity or jutice
v. open inn/ public hourses/ resto
3. Persons liable and degree of participation
a. Principals, accomplices and accessories
b. Conspiracy and proposal
a. Conspiracy
i. GR: not punishable since prep act
ii. EX: law specially provides a penalty
iii. Def: exists when 2 or more persons come to an
agreement concerning the commission ofa felony
AND decide to commit it; may be oral/written/
express/ implied
iv. Direct proof not needed; can be inferred from
collective acts
v. Presumed when: acts point to a:
1. Joint purpose and design
2. Concerted action
3. And community of interests
vi. There must at least be participation with a criminal
resolution bec simple knowledge may make him
liable only as an accomplice
vii. Especially punishable conspiracies
1. RPC
a. Treason
b. Rebellion
c. Insurrecion
d. Coup d’ etat
e. Sedition
f. Monopolies and combinations in
restraint of trade
2. Special laws
a. Selected acts committed under the
Dangerous Drugs Act
b. Espionage
c. Illegal association
d. Highway robbery
e. Arson
f. Terrorism under Human Security Act
viii. GR: once conspiracy is established, each and every
one of the conspirators is made criminally liable for
the crime committed aby anyone ofthem
1. EX: unless one or some of the conspirators
committed some other crime which is not a
part
2. E2E:
a. When the other crime was
committed in their presence and
they did not prevent its commission
indicating their approval thereof
b. When the other crime is the natural
consequence of the crime planned
c. When act constitutes a single
indivisible offense
ix. Doctrine of implied conspiracy
1. If it is proven that 2 or more persons airmed
their acts wowards the accomplishment of
the sa,e unlawful object
2. Each doing a part so that their acts although
apparently independent were in fact
connected and cooperative, thus indicating
a closeness of personal association and a
concurrence of sentiment
b. Proposal
i. Under RPC
1. Treason
2. Rebellion
3. Insurrection
4. Coup d’ etat
c. Multiple offenders (differences, rules, effects)
a.
d. include: obstruction of justice
C. Penalties
1. Principles (include RA 9346 – prohibiting imposition of DP)
2. Classification
3. Duration and effect
4. Application
a. ISL
b. 3-fold rule
c. subsidiary imprisonment
5. Graduation of penalties
6. Accessory penalties
7. Computation of penalties
8. Execution and service
D. Criminal and Civil Liabilities
1. Extrinction of Crim liabilities
2. Civil liabilities in crim cases
E. RPC Book 2
1. Crimes against natl security and laws of nations
a. Treason
b. Conspiracy and proposal to commit treason
c. Misprision of treason
d. Espionage
e. Inciting to war or giving motives for reprisals
f. Violation of neutrality
g. Corresponding with hostile country
h. Flight to enemy’s country
i. Piracy in general and mutiny on the high seas
2. Crimes against fundamental laws of the state
a. Arbitrary detention
b. Delay in delivery of detained persons to the proper judicial
authorities
c. Delaying release
d. Expulsion
e. Violation of domicile
f. Search warrants maliciously obtained and abuse in the service of
those legally obtained
g. Searching domicile without witnesses
h. Prohibition, interruption and dissolution of peaceful meetings
i. Interruption of religious worship
j. Offending religious feelings
3. Crimes against public order
a. Rebellion or insurrection
b. Coup d’ etat
c. Conspiracy and proposal to commit rebellion
4. Crimes against public interest
5. Crimes against public morals
6. Crimes committed by public officers
7. Crimes against persons
8. Crimes against personal liberty and security
9. Crimes against property
10. Crimes against chastity
11. Crimes against civil status of persons
12. Crimes against honor
o Pro Reo Doctrine - construction favorable to the accused
o Legal maxims
o Nullu