DE LA SALLE UNIVERSITY COLLEGE OF LAW

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CRIMINAL LAW
Green Notes 2019
Green Notes 2019 Criminal Law

TABLE OF CONTENTS

CRIMINAL LAW I 1
GENERAL PRINCIPLES 2
MALA IN SE VS. MALA PROHIBITA 3
APPLICABILITY AND EFFECTIVITY OF THE RPC 3
Generality 3
Territoriality 3
Prospectivity 5
PRO REO PRINCIPLE 6
FELONIES 6
CRIMINAL LIABILITIES AND FELONIES 9
Grave vs. less grave vs. light felonies 9
Aberratio ictus, error in personae, and praeter intentionem 10
Impossible crime 11
Stages of execution 11
Continuing crimes 14
Complex crimes and composite crimes 14
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY 17
Justifying circumstances 18
Exempting circumstances 22
Mitigating circumstances 25
Aggravating circumstances 31
Alternative circumstances 43
Absolutory causes 45
PERSONS LIABLE AND DEGREE OF PARTICIPATION 45
Principals, accomplices, and accessories 45
Conspiracy and proposal 52
PENALTIES 53
PENALTIES THAT MAY BE IMPOSED AND RETROACTIVE EFFECT OF PENAL LAWS 53
CLASSIFICATION 55
DURATION AND EFFECTS 57
APPLICATION 60
RPC provisions 60
Indeterminate Sentence Law (Act No. 4103) 66
Three-fold rule 68
Subsidiary imprisonment 68
GRADUATION OF PENALTIES 69
ACCESSORY PENALTIES 72
EXECUTION AND SERVICE 74
RPC provisions 74
Probation Law (PD 968, as amended) 75
Juvenile Justice and Welfare Act (RA 9344, as amended) 77
EXTINCTION OF CRIMINAL LIABILITY 78
CIVIL LIABILITY IN CRIMINAL CASES 81

CRIMINAL LAW II 84
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 84
CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE 89
CRIMES AGAINST PUBLIC ORDER 94
CRIMES AGAINST PUBLIC INTEREST 109
CRIMES AGAINST PUBLIC MORALS 124
CRIMES COMMITTED BY PUBLIC OFFICERS 129
CRIMES AGAINST PERSONS 148
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 165
CRIMES AGAINST PROPERTY 180
CRIMES AGAINST CHASTITY 196
CRIMES AGAINST THE CIVIL STATUS OF PERSONS 204
CRIMES AGAINST HONOR 206
QUASI-OFFENSES 212

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Green Notes 2019 Criminal Law

SPECIAL LAWS
ANTI-ARSON LAW (PD 1613, AS AMENDED BY PD 1744) 215
ANTI-CHILD PORNOGRAPHY ACT OF 2009 (RA 9775) 216
ANTI-FENCING LAW OF 1979 (PD 1612) 217
ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019, AS AMENDED) 218
ANTI-HAZING ACT OF 2018 (RA 8049, AS AMENDED BY RA 11053) 220
ANTI-HIJACKING LAW (RA 6235) 221
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) 222
ANTI-PLUNDER ACT (RA 7080, AS AMENDED BY RA 7659) 222
ANTI-SEXUAL HARASSMENT ACT OF 1995 (RA 7877) 223
ANTI-TORTURE ACT OF 2009 (RA 9745) 224
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208, AS AMENDED) 226
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (RA 9262) 228
BOUNCING CHECKS LAW (BP 22) 230
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (, RA 9165, AS AMENDED BY RA 10640) 230
COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT (RA 10591) 233
CYBERCRIME PREVENTION ACT OF 2012 (RA 10175) 234
HUMAN SECURITY ACT OF 2007 (RA 9372) 236
NEW ANTI-CARNAPPING ACT OF 2016 (RA 10883) 236
OBSTRUCTION OF JUSTICE LAW (PD 1829) 237
SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND DISCRIMINATION ACT (RA 7610) 238

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Green Notes 2019 Criminal Law

FUNDAMENTAL AND GENERAL

PRINCIPLES

DEFINITION OF CRIMINAL LAW

Branch or division of law which defines crimes, treats of
their nature, and provides for its punishment.

Penal laws are those acts of the legislature which prohibit

certain acts and establish penalties for their violations; or
those that define crimes, treats of their nature and provide
for their punishment.

SOURCES OF CRIMINAL LAW

(1) The Revised Penal Code

(2) Special Laws which amend or apply to the RPC
(3) Special Penal Laws

CRIME; DEFINED
An act committed or omitted in violation of law forbid-
ding or commanding it.

TWO THEORIES IN CRIMINAL LAW

CRIMINAL LAW I (1) Classical Theory

School of thought followed by the Revised Penal
Code.

Characteristics:
a. The basis of criminal liability is human free will;
purpose of penalty is retribution.
b. That man is essentially a moral creature with an
absolute free will to choose between good and
evil, thereby placing more stress upon the effect
or result of the felonious act than upon the man,
the criminal himself.
c. It has endeavored to establish a direct and
mechanical proportion between the crime and
the liability.
d. There is scant regard to the human element.

(2) Positivists theory

Crime is essentially a social a natural phenomenon,
and as such, it cannot be treated and checked by the
application of abstract principles of law and
jurisprudence nor by the imposition of a
punishment, fixed and determined as basis; rather
through the enforcement of individual measures in
each particular case after a thorough, personal, and
individual investigation conduction by a competent
body of psychiatrists and social scientists.

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A. GENERAL PRINCIPLES Laws Violated

Revised Penal Code (General Special Laws (General

MALA IN SE VS. MALA PROHIBITA
Rule) Rule)

As to Stages in Execution
Mala In Se Mala Prohibita
There are three stages: No such stages of
As to Nature
attempted, frustrated, and execution.
Wrong from its very nature; Wrong because it is consummated.
inherenty evil prohibited by statute.
As to Persons Criminally Liable
Use of Good Faith Defense
There are three persons Unless otherwise
Good faith is a valid defense; Good faith is NOT a criminally liable: principal, provided, only the
unless the crime is the result defense. accomplices, and accessories. principal is liable.
of culpa.
As to Division of Penalties
Use of intent as an element
Penalties may be divided into There is NO such
Intent is an element. Criminal intent is degrees and periods. division of penalties.
immaterial.
MALA PROHIBITA
Degree of Accomplishment of the Crime

Generally, applies to crimes punishable by special laws.

The degree of
accomplishment of the crime
is taken into account in
punishing the offender
As to Mitigating and Aggravating Circumstances
Mitigating and aggravating
circumstances are taken into
account in imposing the
proper penalty.
The act gives rise to a
crime only when it is
General Rule: Criminal intent is NOT necessary, it being
consummated
sufficient that the offender has the intent to perpetrate the
act prohibited by the special law unless the special law
itself expressly requires intent (“knowingly” or “ma-
liciously”). (Padilla v. Dizon, 1988)
Mitigating and
aggravating The act alone, in crimes punishable by special laws,
circumstances are constitutes the offense.
generally NOT taken
into account in imposing Good faith and absence of criminal intent are NOT valid
the proper penalty. defenses.

Degree of Participation Exceptions:

When there is more than one
offender, the degree of
participation of each in the
commission of the crime is
taken into account.
As to Persons Criminally Liable
Penalty is computed on the
basis of whether he is a
principal offender, or merely
an accomplice, or accessory.
Degree of participation
is generally NOT taken
into account. All who
participated in the act
are punished to the
same extent.
The penalty on the
offenders is the SAME
whether they are merely
accomplices or
accessories.
(1) Imperative, incidental, and temporary posses-sion
of firearms.
(2) Assumption that his employer has the requisite
license to possess said firearm. (People v. Cuenco)
(3) Possession of firearms in good faith as civilian
guards. (People v. Asa and Balbastro)
(4) Possession of firearm was advised due to pending
application for permanent permit. (People v.
Mallari)
(5) Authorized possession to carry out a mission.
(People v. Lucero)
(6) Transient possession of firearm to render the
owner defenseless without the intention to use it.
(People vs. Dela Rosa)

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Green Notes 2019 Criminal Law

CLASSIFICATIONS OF FELONIES NOTE: Not applicable when the foreign country

adversely affected does not provide similar
As to nature (1) Mala in se protection
(2) Mala prohibita
As to (1) Intentional Felonies (DOLO) Warship Rule
commission (2) Culpable Felonies (CULPA) The nationality of such warship determines the
As to stage of (1) Attempted applicable penal laws to crimes committed therein,
(2) Frustrated as they are considered to be an extension of the
execution
(3) Consummated territory of the country to which they belong.
Thus, their respective national laws shall apply to
As to gravity (1) Grave – those which the law
such vessels wherever they may be found.
attaches the capital
punishment or penalties which
(2) Article 14 of the New Civil Code
in any of their periods are
Subject to the principles of public international law
afflictive
and to treaty stipulations. Persons exempt from the
(2) Less grave – those which the
operation of our criminal laws by virtue of the
law punishes with penalties
principles of public international law
which in their maximum period
a. Sovereigns and other chiefs of state.
is correctional
b. Ambassadors, Ministers, Plenipotentiary,
(3) Light felonies – those
Ministers Resident, Charges d’Affaires.
infractions of law for the
(AM, MP, MR, CdA)
commission of which the
penalty is arresto menor, or a
NOTE: Consuls, vice-consuls and other commercial
fine not exceeding P200.00 or
representatives (i.e. commercial attaché) of foreign
both
nation are NOT entitled to the privileges and
As to count (1) Composite
immunities of an ambassador or minister, in the
(2) Compound
absence of a treaty to the contrary (Bar 2011)
(3) Complex
(4) Continued
(5) Continuing
TERRITORIALITY

GENERAL RULE: Penal laws are enforceable only within

APPLICABILITY AND EFFECTIVITY OF THE
RPC
GENERALITY
GENERAL RULE: Criminal law is binding on all persons
who live or sojourn in Philippine territory, whether
citizens or not.
EXCEPTIONS:
(1) Article 2 of the RPC
a. Treaties (e.g. Bases Agreement between
Philippines and America, RP-US Visiting Forces
Accord between Philippines and America, etc.)
b. Law of preferential application (e.g. R.A. 75 which
penalizes acts which would impair the proper
observance by the Republic and its inhabitants of
the immunities, rights, and privileges of duly
accredited foreign diplomatic representatives in
the Philippines.)
the Philippine territory.
This includes the Philippine Archipelago, including its
atmosphere, its interior waters, and maritime zone. (Art. 2,
RPC)
EXCEPTION: (EXTRA-TERRITORIALITY)
(1) Offenses committed while on a Philippine ship or
airship;
Requisites:
a. It must be registered in the Philippine Bureau
of Customs or MARINA (Maritime Industry
Authority), as the case may be;
b. The crime must be committed in the Philippine
waters or the high seas, and not within the
territorial jurisdiction of another country.

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A. Foreign merchant vessels • If forgery was committed abroad, it must refer

ENGLISH RULE
(TERRITORIALITY OR
SITUS OF THE CRIME)
only to Philippine coin, currency note, or
FRENCH RULE
obligations and securities.
(FLAG OR
• Obligations and securities of the GSIS, SSS, and
NATIONALITY)
Landbank are not government issuances.

General Rule
Crimes committed aboard
a vessel within the
territorial waters of a
country are triable in the
courts of such country.
Note: The three-mile limit:
Territorial waters cover
until three miles from
coastline, starting from
the low water mark.
(Reyes)
(3) Should be liable for act in connection with the intro-
Crimes committed duction of the obligations and securities mentioned
aboard a vessel within in the preceding number.
the territorial waters of (1) Those who introduced the counterfeit items are
a country are not criminally liable even if they were not the ones
triable in the courts of who counterfeited the obligations and securities.
said country. (2) This paragraph only refers to obligations and
securities issued by the Government of the
Philippine Island, not coin or currency note of
the Philippine Islands.
(3) Introduction of coin or currency note of the
Philippine Islands is not subject to this para-
graph.

Exception (4) While being public officer or employee, should

When the crimes merely When their
affect things within the commission affects the
vessel or when they only peace and security of
refer to the internal the territory or when
management thereof. the safety of the state is
endangered.
The Philippines follows the ENGLISH RULE.
A distinction must be made between merchant
ships and warships; the former are more or less
subjected to the territorial laws.
English rule application in the Philippines.
• Foreign merchant vessel in transit:
possession of dangerous drugs is not
punishable, but use of the same is punishable.
• Foreign merchant vessel not in transit: mere
possession of dangerous drugs is punishable
because it can already be considered as
illegal importation.
B. Foreign Warships
The nationality of such warship determines the
applicable penal laws to crimes committed therein,
as they are considered to be an extension of the
territory of the country to which they belong.
Thus, their respective national laws shall apply to
such vessels wherever they may be found.
(2) Should forge or counterfeit any coin or currency note
of the Philippine Island or obligations and securities
issued by the Government of the Philippine Islands.
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commit an offense in the exercise of their functions
Crimes committed by public officers:
(1) Direct bribery (Art. 210)
(2) Indirect Bribery (Art. 215)
(3) Qualified Bribery (Art. 211-A)
(4) Corruption (Art. 212)
(5) Fraud Against Public Treasury and Similar
Offenses (Art. 213)
(6) Possession of Prohibited Interest (Art. 216)
(7) Malversation of Public Funds or Property (Art.
217)
(8) Failure to Render Accounts (Art. 218)
(9) Failure to Render Accounts Before Leaving the
Country (Art. 219)
(10) Illegal Use of Public Funds or Property (Art. 220)
(11) Failure to Make Delivery of Public
Funds/Property (Art. 221)
(12) Falsification (Art. 171)
NOTE: A crime committed within the grounds of a
Philippine embassy on foreign soil shall be subject to
Philippine penal laws, although it may or may not have
been committed by a public officer in relation to his
official duties. Embassy grounds are considered as
extensions of the sovereignty of the country occupying
them.
(5) Should commit any of the crimes against national
security and law of nations, defined in Title One of
Book Two of this Code.
NOTE: Limited only to the following crimes:
(1) Treason (Art. 114)
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(2) Conspiracy and proposal to commit treason
(Art. 115)
(3) Espionage (Art. 117)
(4) Inciting to war and giving motives for reprisals
(Art. 118)
(5) Violation of neutrality (Art. 119)
(6) Correspondence with hostile country (Art. 120)
(7) Flight to enemy’s country (Art. 121)
(8) Piracy and mutiny on the high seas (Art. 122)
(9) Terrorism (R.A. 9372 - Human Security Act)
(6) Should forge or counterfeit any coin or currency note
of the Philippines or obligations and securities issued
by the government of the Philippines;
(7) Should be liable for acts connected with the intro-
duction into the Philippines of the obligations and
securities mentioned in the preceding number;
(8) While being public officers or employees, should
commit an offense in the exercise of their functions;
(9) Should commit any of the crimes against national
security and the laws of the nations, defined in Title
One of Book Two of the RPC. (Art. 2, RPC)
NOTE: The following are NOT triable under the
provisions of the Revised Penal Code:
(1) Those punished under special law, to which the
Code shall only have suppletory effects. (Art. 10)
(2) Persons exempted from local criminal
jurisdiction by reason of treaty stipulations or
laws of preferential applications.
(3) Those persons not subject to local jurisdiction
under the principles of public international law.
(4) Those crimes committed outside the territorial
jurisdiction, except as permitted by Article 2. (Bar
2011)
(5) Those war crimes which are triable by military
commissions. (Regalado)
PROSPECTIVITY
GENERAL RULE: A penal law cannot make an act
punishable in a manner in which it was not punishable
when committed.
REASON: Under Art. 366 of the RPC, crimes are punished
under the laws in force at the time of commission.
EXCEPTION: Whenever a new statute dealing with crime
establishes conditions more lenient or favorable to the
accused, it can be given a retroactive effect.
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EXCEPTION TO THE EXCEPTION:
(1) Where the new law is expressly made inapplicable
to pending actions or existing causes of action.
(2) Where the offender is a habitual delinquent.
KINDS OF REPEAL
(1) Absolute or Total Repeal
A repeal is absolute when the crime punished under
the repealed law has been decriminalized by the sub-
sequent law.
(2) Partial or Relative Repeal
A repeal is partial when the crime punished under the
repealed law continues to be a crime in spite of the
repeal.
EFFECTS OF REPEAL/AMENDMENT ON LAW
(1) If the repeal/amendment on law makes the penalty
lighter in the new/amended law, the new/amended
law shall be applied, subject to the exceptions.
(2) If the new/amended law imposes a heavier penalty,
the law in force at the time of the commission of the
offense shall be applied.
(3) If the new/amended law totally repeals the existing
law so that the act which was penalized under the old
law is no longer punishable, the crime is obliterated.
(4) When the new law and old law penalize the same
offense, the offender can be tried under the old law.
(5) A person erroneously accused and convicted under
a repealed statute may be punished under the
repealing statute.
NOTE: The accused must have an opportunity to
defend himself against the charge brought against
him.
(6) A self-repealing law has the effect same as though it
had been repealed at the time of its expiration.
SUPPLEMENTARY EFFECT OF THE RPC
General Rule: The provisions of the Revised Penal Code
are supplementary to special laws.
Exceptions:
(1) Where the special law provides otherwise.
(2) When the provisions of the RPC are impossible
of application, either by express provision or by
necessary implication.
Provisions of the RPC SUPPLEMENTARY to special laws:
• Article 8 (regarding conspiracy)
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Green Notes 2019
• Article 12, paragraph 3 (regarding exempting
circumstance of minority was applied to R.A.
509, the Anti-Profiteering Law.)
• Article 17 (regarding the participation of the
principal in the commission of the crime)
• Article 22 (with reference to the retroactive
effect of penal law if they favored the accused)
• Article 100 and 39 (regarding the indemnity and
subsidiary imprisonment were applied to the
Motor Vehicle Law)
PRO REO PRINCIPLE
Penal laws are strictly construed against the Government
and liberally in favor of the accused.
The in dubio pro reo principle is the rule of lenity. It is the
doctrine that "a court, in construing an ambiguous
criminal statute that sets out multiple or inconsistent
punishments, should resolve the ambiguity in favor of the
more lenient punishment." Thus, whenever a situation
obtains where two interpretations are possible, one
exculpatory and the other inculpatory, the former shall
prevail, consistent with the rule on presumption of
innocence
In the construction or interpretation of the provisions of
the RPC, the Spanish text is controlling.
B. FELONIES
FELONIES
Acts and omissions punishable by the Revised Penal Code.
NOTE: Crimes under the RPC are called felonies, while
crimes penalized by special laws are termed offenses.
ELEMENTS OF FELONIES (GENERAL)
a. There must be an act or omission.
“ACT” Any bodily movement tending to produce
some effect in the external world. It must be an
external act.
“OMISSION” An inaction or failure to perform a
positive duty required by law.
b. That the act or omission be punishable by the
Revised Penal Code.
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NOTE: Nullum crimen, nulla poena sine lege.. There
is no crime where there is no law punishing it.
c. That the act is performed or the omission incurred
by means of dolo or culpa.
INTENTIONAL FELONIES (DOLO)
The act or omission is performed with deliberate intent or
malice to do an injury.
The offender has the intention to cause injury to the
person, property, or right of another.
Requisites: (FII)
a. “Freedom” Voluntariness on the part of the person
to commit the crime.
NOTE: The offender must have freedom while doing
an act or omitting to do an act. Actus me invito factus
non est meus actus. An act done by me against my
will is not my act
b. “Intelligence” Capacity to know and understand the
consequences of one’s act.
NOTE: The offender must have the intelligence while
doing the act or omitting to do the act. Without such
intelligence, it becomes necessary to determine the
morality of human acts, and no crime can exist. Thus,
an imbecile or the insane and the infant under 15
years of age, as well as the minor over 15 but less than
18 who acted without discernment have no criminal
liability, because they acted without intelligence (Art.
12, par. (1), (2), and (3))
c. “(Criminal) Intent” The purpose to use a particular
means to effect such result.
• (General) Intent to commit an act with
malice, being a purely mental process, is
presumed.
• Intent presupposes the exercise of
freedom and the use of intelligence.
• Absence of criminal intent is a defense not
to incur criminal liability.
NOTE: Actus non facit reum, nisi mens sit rea. The
act of a person does not make him a criminal, unless
his mind be criminal.
GENERAL vs SPECIFIC INTENT
General Criminal Specific Criminal
Intent Intent
An intention to do a An intention to commit
wrong. a definite act.
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