NOTES – CRIMINAL LAW I
LAWS:
Article 1. Time when Act takes effect. — This Code shall take effect on the first
day of January, nineteen hundred and thirty-two.
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.
Art. 3. Definitions. — Acts and omissions punishable by law are felonies
(delitos).
Felonies are committed not only be means of deceit (dolo) but also by means
of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is
fault when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill.
Art. 4. Criminal liability. — Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful
act done be different from that which he intended.
2. By any person performing an act which would be an offense
against persons or property, were it not for the inherent impossibility of
its accomplishment or an account of the employment of inadequate
or ineffectual means.
Art. 5. Duty of the court in connection with acts which should be repressed but
which are not covered by the law, and in cases of excessive penalties. —
Whenever a court has knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall render the proper decision,
and shall report to the Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said act should be made the
subject of legislation.
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.
Art. 6. Consummated, frustrated, and attempted felonies. — Consummated
felonies as well as those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution
and accomplishment are present; and 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. There is an attempt when the
offender commences the commission of a felony directly or over acts, and
does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than this own spontaneous
desistance.
NOTES:
Article 14. Penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn in the Philippine territory, subject to the
principles of public international law and to treaty stipulations.
 Criminal laws regulates relationship with the State
 Penal laws is to punish
 Retribution – “an eye for an eye”
 Prevention – you want to prevent certain acts; the State defines why;
Morality is subjective.
 Rehabilitation – seeks a member to be functioning again for the
society; productive even though in jail
 Restorative Justice – lowering age of criminal liability
 NOTES – CRIMINAL LAW I
 Penal laws cover all citizen of the State, even Filipinos abroad
 Generality covers all people but there are exemptions
 Senate does not ratify but merely concurs
 Executive Agreement only by the executive
 Covered illegal using of money abroad, government official
corrupting abroad
 Ambassador only exception
 Situs – place of jurisdiction
 High Seas – flag
 FRENCH RULE – flag that flies
 ENGLISH RULE – tranquility and serenity of the country
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.\
 Nullum Crimen Sine Lege – No crime without a law
 Nullum Poena Sine Lege – No punishment without a law
 “Sub Poena” – Under penalty
 Article 22 – kailangan yung act may law na
RPC

 Signed into law – Dec 08, 1930

US vs, BULL
 Effective – Jan 01, 1932
 Reteoactive in favor of the accused
o From Formosa (Taiwan)
o Carabaos, animals in the ship
o English Rule’

INTENT IS MATERIAL
People vs. Wong Cheng
DOLO (Delict)
o Illegal smoking of opium
o Mere possession – walang kaso ACT RPC
o No intent to unload = FELONY
CULPA (Fault)
People vs. Look Chaw

o Imported from Hongkong  Culpa – Imprudence, Nrgligence, Lack of foresight, lack of skill
o To be sold in Mexico (Hindi ibebenta sa Pilipinas)  Felony – Punished under RPC (e.g Rape, Nurder)
o Intent to sell  LANDMARK CASE: Jason Ivler vs. San Pedro
o Sell through the fireman  Homicide through Reckless Imprudence
 Damage through Property
 Two separate civl action – double jeopardy
People vs. Ah Sing

o Last stop Philippine Port
o Intent to sell
o 1910 – wala pang Constitution
PROSPECTIVITY
ARTICLE 21. Penalties that May Be Imposed. — No felony shall be punishable
by any penalty not prescribed by law prior to its commission.
ARTICLE 22. Retroactive Effect of Penal Laws. — Penal laws shall have a
retroactive effect in so far as they favor the person guilty of a felony, who is
 Homicide – Default
 Intent to kill is conclusive if ever someone dies any person can be the
one who killed
 Article 365 – Criminal Negligence; Culpa – Negligence (Negligence is
so gross)
 ARTICLE 365. Imprudence and Negligence. — Any person who, by
reckless imprudence, shall commit any act which, had it been
intentional, would constitute a grave felony, shall suffer the penalty of
arresto mayor in its maximum period to prisión correccional in its
medium period; if it would have constituted a less grave felony, the
penalty of arresto mayor in its minimum and medium periods shall be
imposed.
 NOTES – CRIMINAL LAW I
ELEMENTS OF FELONY  Crimes Against Humanity – Intrinsically evil, massive scale, Impair the
dignity
a) An act or omission imputable to the offender
b) Which may be committed by dolo or culpa 1. Genocity (is this right?)
c) Punishable by law 2. Apartheid (Racial Segregation)
3. Slavery
VPA 4. Terrorism

a) US citizen commit a crime by a law exlusive in the US, the US has the  Crimes Against National Security
only jurisdiction over them
b) PH – PH jurisdiction 1. Treason
c) US x PH – PH has primary jurisdiction, US can take over 2. Espionage (Espiya)
3. Coup de etat
EXCEPTION (c): RA 76595 (Heinous Crimes), RA 7610 ( VAWC),
RA 9516 (Drugs)  RA 9732 – Human Security Act, Penalizing Terrorism, Against National
Security
CRIMINAL PROCEDURES
ARCHIPELAGIC DOCTRINE
 FRENCH RULE – Prosecutor proves jurisdiction
 ENGLISH RULE – Accuse proves jurisdiction  12 nm TS, 20 nm Continental Shelves (Sanitation, Tariffs, Hotpursuit),
 Only apply Merchant and Private Vessels 200nm EEZ (Sovereign Rights)
 It is not applied to others because it is not an act of aggression  Magallona vs. Ermita, RA 9522 Baseline laws
 Rocks do not generate TS/CE/EEZ
AIRSPACE  Island can sustain human habilitation

 Freezone – Res Communes ICC

 Relative – Extent that you can control
 Absolute – everything (ground to top)  International Criminal Court
 Airplane can travel to territory of other counties , 36k feet, Under  Rome Statute, July 07, 1998
WARSAW Convention  Catchall criminal court
 Erap signed it on Dec 28, 2000
EXTRATERITORRIALITY  Gloria did not ratify, inaction
 Ratified by PNoy, November 11, 2011
 Withdrawal by Duterte, March 17, 2018. Effectively last March 17, 2019
 Ship/Airshi[p of PH Registry
 Crimes against unwilling, cannot and unable to do
 Counterfeiting of currency
 Introduction (wtf is this)
 Public Officers (look in RPC) People vs. Ah Chong

1. Bribery o Old code not in RPC

2. Corruption o Opinion (Torres) – Homicide through Reckless Negligence
3. Fraud o Struck by a chair, he thought that he was attacked
4. Malversation o But in RPC, if there is someone who died it is concluded liable
5. Technical Malversation in one way or another
6. Falsification o Homicide + Reckless Negligence
 NOTES – CRIMINAL LAW I
o Reckless Negligence – Unintentional homicide, but he shall be entitled to a MITIGATING CIRCUMSTANCE
o Article 365 – Culpa (Negligence that is so gross that resulted in that is found under paragraph 3 of the Article 3, “That he did not
bad faith) intend to commit so grave a wrong than what has been committed.”
He did not intend to kill the victim, what he wants is to inflict physical
People vs. Oanis harm to the victim.

However, such fistic blow is the cause that made A hit the cemented
o Murder + Reckless Imprudence
floor and died. “He who is the cause of the cause is the cause of the
evil caused.” A person incurred a criminal liability when he commits a
 Acceptable if Reckless Imprudence resulting to Homicide felony, although the wrongful act done is different from that which he
 Homicide – catch all provision intended. When he throw a fistic blow hitting the victim, he already
 Kidnapping – crime against liberty commits a felony and that is Physical Injury. However, the wrong done
 If jumping off a building and suddenly you killed someone – it is not a went beyond the intent in which cause the victims death. In that
crime because jumping off a building is not in the RPC case, that is only simple homicide, and applying one mitigating
 ABERRATIO ICTUS: In Aberratio Ictus or mistake in the blow, it circumstance that he does not intend to commit so grave a wrong.
presupposes 3 persons present in the crime scene. They are the The penalty for homicide shall be fixed in its minimum period which is,
offender, intended victim, and the innocent person who was injured Reclusion temporal in its minimum. (From internet)
by reason of his act committed by mistake. (From internet)  Error in Personam – You must ascertained, Dapat kilala yung target
 ERROR IN PERSONAM: This happens if the person he injured is not the  Aberratio Ictus – Mistake in blow, nagpaulan ng bala, you
intended victim. ascertained the people
Illustration:
X wanted to kill his enemy Y. He knows that, Y is always passing
US vs. Brobst
through a small alley coming from his office. So X posted himself of the
opposite side of the alley, then in the afternoon, a person whom he
believes was Y emerge from the another end of the alley. So he points o Praeter Intentionem
his pistol and shouted “Y this is your end” and squeezed the trigger
and the man was hit by the bullet and fell on the ground and died. IMPOSSIBLE CRIME – Factual or Legal
When X approached the victim he was surprised it was not Y whom
he had killed, but his own father who happens who have a physical  Crime against Person (Nasa RPC)
resemblance with Y.  Ineffectual means. Inherent impossibility
 Intod Case
So here may be charge with Parricide. He could not validly invoke the  Impossible crime is a defense
defense that, he has no intent to kill his own father, because it will not
hold water. This is for the reason that, at the time he shoots at that
In order for a person to incur impossible crime these are the following
person whom he believes his enemy, he was already committing a
elements:
felony, although the wrong done is not what he intended. (From
internet)
1. That a person performs an act which could be an offense against
 PRAETER INTENTIONEM
another person.
Example: When A always meets B in the presence of many people. A
2. That he has an evil intent
would ridicule B. So because of that, one time B lost his patience. So
3. That the crime he intended to commit is impossible of being
he approached A and B throw a fistic blow in the face of A, but
consummated, either because of PHYSICAL OR LEGAL
because of the strong impact A loses his balance and A fall in the
IMPOSSIBILITY or the MEANS EMPLOYED IS INADEQUATE OR
cemented floor and cause internal hemorrhage resulting to his death.
INEFFECTUAL.
4. Provided that the act should not constitute violation of any other
Q. Is B liable for homicide?
provision of the revised penal code. (From the internet)
A. Under the principle of Praeter Intertionem, he shall be liable for
 NOTES – CRIMINAL LAW I
MALA INSE – Estrada vs. Sandiganbayan Kahit Special law there are times that
it is evil in nature. Will conspiracy.
 Evil, RPC felonies – Intent is Important (Good faith is a defense)
 Classical – Dura Lex Sed Lex
MALA PROHIBITA
 Special Penal Laws
 Intent is immaterial
 BP 22 – Bouncing Check Law, disrupt trade & commerce
 E.g Estafa (transfer of juridical possession, Theft (Physical possession),
Plunder (10M, illegal acquisition)
 RA 3019 – Anti graft law; Bailable
 Reasonable Doubt – Inability of the mind to rest upon judgement of
conviction
 Proof Beyond Reasonable Doubt - Such amount of evidence which
produces conviction in an unprejudicial mind
 Intent – always defined in the RPC, element of a crime
 Motive – idea, subjective
 US – before Jones lawPeople – After Jones law
HOMICIDE
Article 249. Homicide. - Any person who, not falling within the provisions of
Article 246, shall kill another without the attendance of any of the
circumstances enumerated in the next preceding article, shall be deemed
guilty of homicide and be punished by reclusion temporal.
 Attempted – Voluntary desistance
 Frustrated – Vital organ
 Consummated – all elements are done
 Elements of Homicide
 (a) a person was killed;
 (b) the accused killed him without any justifying circumstance;
 (c) the accused had the intention to kill, which is presumed; and
 (d) the killing was not attended by any of the qualifying
circumstances of Murder, or by that of Parricide or Infanticide
RAPE
"Article 266-A. Rape: When And How Committed. - Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise
unconscious;
"c) By means of fraudulent machination or grave abuse of authority;
and
"d) When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned
above be present.
"2) By any person who, under any of the circumstances mentioned in
paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis
into another person's mouth or anal orifice, or any instrument or object, into
the genital or anal orifice of another person.
 Attempted – Facts shows Carnal Knowledge
 Consummated – all elements are present
 There is no FRUSTRATED Stage in rape cases
 OVERT ACTS – would lead to attempted
 PREPARATORY – lays the stages of the overt acts
 OBJECTIVE STAGE – Done all the acts but did not resulted in felony
 SUBJECTIVE STAGE – Overt acts
THEFT
Article 308. Who are liable for theft. - Theft is committed by any person who,
with intent to gain but without violence against or intimidation of persons nor
force upon things, shall take personal property of another without the latter's
consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the
same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of
another, shall remove or make use of the fruits or object of the
damage caused by him; and
3. Any person who shall enter an inclosed estate or a field where
trespass is forbidden or which belongs to another and without the
consent of its owner, shall hunt or fish upon the same or shall gather
cereals, or other forest or farm products.
 NOTES – CRIMINAL LAW I
 Attempted – Voluntary Desistance 1. With treachery, taking advantage of superior strength, with the aid
 Consummated – Outside of the owners control of armed men, or employing means to weaken the defense or of
 Elements of Theft means or persons to insure or afford impunity.
(1) the taking of personal property;
(2) the property belongs to another; 2. In consideration of a price, reward, or promise.
(3) the taking away was done with intent of gain;
(4) the taking away was done without the consent of the owner; and
3. By means of inundation, fire, poison, explosion, shipwreck, stranding
(5) the taking away is accomplished without violence or intimidation
of a vessel, derailment or assault upon a street car or locomotive, fall
against person or force upon things
of an airship, by means of motor vehicles, or with the use of any other
means involving great waste and ruin.
ROBBERY
4. On occasion of any of the calamities enumerated in the preceding
Article 293. Who are guilty of robbery. - Any person who, with intent to gain,
paragraph, or of an earthquake, eruption of a volcano, destructive
shall take any personal property belonging to another, by means of violence
cyclone, epidemic or other public calamity.
or intimidation of any person, or using force upon anything shall be guilty of
robbery.
5. With evident premeditation.
 2 kinds of Robbery
1. With Force upon things
6. With cruelty, by deliberately and inhumanly augmenting the
- May FRUSTRATED
suffering of the victim, or outraging or scoffing at his person or corpse.
- Asportation is important
- Break in, in a place
- Lamahang case  Unlawful Aggression – imminent danger of injury
2. With Violence, intent, intimidation  Elements of Murder
- E.g Holdap
- Either attempted or frustrated 1) that a person was killed;
- Salvilla case 2) that the accused killed him or her;
 Elements of Robbery 3) that the killing was attended by any of the qualifying
1) Personal Property circumstances mentioned in Article 248 of the Revised Penal
2) Unlawful taking Code (RPC); and
3) Intent to gain 4) that the killing is not parricide or infanticide
4) Violence or threat
2 QUESTIONS TO KNOW IF ATTEMPTED, FRUSTRATED OR CONSUMMATED  SELF DEFENSE:
 VICTIM (the one who died) - Unlawful Aggression
1) Did the accused perform all the acts of execution?
 ACCUSED (the one who execute self defense)-
2) Was the felony produced?
Reasonable Necessity of Means Employed
 ACCUSED (the one who execute self defense)- Lack
of Sufficient Provocation
MURDER
 EXPLANATION: Para magets po mamser, yung victim
is yung napatay yung gumawa ng masama. Ta sang
Article 248. Murder. - Any person who, not falling within the provisions of Article accused naman po ay yung gumamit ng self
246 shall kill another, shall be guilty of murder and shall be punished by defense para maipagtanggol ang sarili. So dito need
reclusion temporal in its maximum period to death, if committed with any of patunayanng accused na may RNME & LOSP, Dapat
the following attendant circumstances: para mapatunay yung RNME may pagbabanta sa
buhay pwedeng tinutukan ng kutsilyo. Sa LOSP
naman dapat di prinovoke ni ate girl, iniiwasan kasi
 NOTES – CRIMINAL LAW I
ng law nab aka gumawa talaga si gurl ng paraan 5. Any person who acts in the fulfillment of a duty or in the lawful
para mapatay yung tao. exercise of a right or office.

JUSTIFYING CIRCUMSTANCES 6. Any person who acts in obedience to an order issued by a superior
for some lawful purpose.
Art. 11. Justifying circumstances. — The following do not incur any criminal
liability:

1. Anyone who acts in defense of his person or rights, provided that

the following circumstances concur;

First. Unlawful aggression.

Second. Reasonable necessity of the means employed to

prevent or repel it.

Third. Lack of sufficient provocation on the part of the person

defending himself.\

2. Any one who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or adopted brothers
or sisters, or his relatives by affinity in the same degrees and those
consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are
present, and the further requisite, in case the revocation was given by
the person attacked, that the one making defense had no part
therein.

3. Anyone who acts in defense of the person or rights of a stranger,

provided that the first and second requisites mentioned in the first
circumstance of this Art. are present and that the person defending
be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act
which causes damage to another, provided that the following
requisites are present;

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to

avoid it;

Third. That there be no other practical and less harmful means

of preventing it.