- INTERNAL ACTS: Thinking of committing a

felony does not constitute a felony unless you

BOOK ONE act on it.
GENERAL PROVISIONS REGARDING THE - OMISSION
- Failure to perform a positive duty that one is bound to
DATE OF ENFORCEMENT AND do
APPLICATION OF THE PROVISIONS OF THIS - There must be a law requiring the doing or
performance of an act
CODE, AND REGARDING THE OFFENSES, - If there is no penal law that punishes omission. it is not a
THE PERSONS LIABLE AND THE PENALTIES felony
---------------------------------------------------------
Title One FELONIES BY OMISSION
FELONIES AND CIRCUMSTANCES WHICH
a. Misprision of Treason (Art 116) – Failure to report knowledge
AFFECT CRIMINAL LIABILITY of treason despite allegiance to the Philippines

b. Disloyalty of Public Officers (Art 137) – Failure of Public

Chapter One FELONIES Officers to act properly upon a rebellion

Article 3. Definitions. - Acts and omissions c. Prosecution of Offenses; negligence and tolerance (Art
208) – Maliciously refraining from prosecuting violators of law
punishable by law are felonies (delitos).
d. Conniving with or consenting to evasion (Art 223) – Failure
to act on the responsibility to take charge of a prisoner
Felonies are committed not only be means
of deceit (dolo) but also by means of fault e. Refusal to Discharge Elective Office (Art 234) – Refusal to
discharge one’s duties
(culpa).
f. Abandonment of person in danger and abandonment of
one’s own victim – Failure to render assistance when required
There is deceit when the act is performed by law to do so
with deliberate intent and there is fault
g. PD 1153 – Requiring the planting of one tree every month
when the wrongful act results from for five consecutive years by every citizen of the Philippines
[REPEALED BY EXECUTIVE ORDER NO. 287 July 25, 1987]
imprudence, negligence, lack of foresight,
---------------------------------------------------------
or lack of skill.
DEFINITIONS
- Felony
Elements of Felonies - Punished by the Penal Code
1. There must be an act or omission.
2. Said act or omission must be punishable by Revised - Statutory Offense
Penal Code. - A crime punished under a special law
3. Said act or omission must be performed by means of
deceit or fault - Misdemeanor
- A minor infraction of the law, such as a violation of an
--------------------------------------------------------- ordinance.
FIRST REQUISITE: There Must Be An Act Or Omission
INTENTIONAL FELONIES CULPABLE FELONIES
- ACT
- Any bodily movement tending to produce some effect act of omission of the act of omission of the
in the external world. offender is malicious offender is NOT malicious
- No need for it to actually be produced.
Possibility of its production suffices. act is performed with
deliberate intent (malice)
- At least an overt act act which has direct connection
with the felony to be committed. has the intention to cause an the injury caused is
- Must be defined as a felony in the Revised injury to another unintentional, it being simply
Penal Code incident of another act
- Thus, only external act is punished. performed without malice

RESULTS FROM: RESULTS FROM:

• __

CRIMINAL INTENT negligence, lack of foresight REQUISITES OF DOLO

imprudence, lack of skill 1. FREEDOM, WHILE DOING/OMITTING
2. INTELLIGENCE, WHILE DOING/OMITTING
MUST BE A VOLUNTARY ACT MUST BE A VOLUNTARY ACT 3. INTENT WHILE DOING/OMITTING

Although via negligence, the

- INTELLIGENCE
unrelated act done that
- power to determine the morality of human acts
caused the damage is still
voluntarily done
- RULE: INTENT presupposes (precondition) the exercise of
freedom and the use of intelligence.
- VOLUNTARY - a person who acts without freedom, automatically
- an involuntary act may not constitute a felony. it must means they have no intent to do so
be voluntary - a person who acts without intelligence, automatically
means they have no intent to do so
- RECKLESS IMPRUDENCE
- Reckless imprudence consists in voluntary, but without - RULE: INTENT is a mental state, but its existence is shown by
malice, doing or falling to do an act from which overt acts of the person.
material damage results by reason of inexcusable lack - intent to kill is difficult to prove, but can be deduced
of precaution on the part of the person performing of from external acts.
failing to perform such act, taking into consideration his
employment or occupation, degree of intelligence, - RULE: A person who causes an injury by mere accident does
physical condition and other circumstances regarding not have intent therefore is not criminally liable.
persons, time and place.
- RULE: CRIMINAL INTENT is PRESUMED from the commission of an
- Following Crimes which cannot be committed through unlawful act, in the absence of evidence to the contrary, EVEN if
imprudence or negligence: there is no overt act showing intent.
- MURDER
- TREASON - RULE: CRIMINAL INTENT is NOT PRESUMED from the commission
- ROBBERY of an lawful act DONE IN GOOD FAITH
- MALICIOUS MISCHIEF
Specific Intent

NEGLIGENCE IMPRUDENCE Some felonies necessitate specific types of intent. Robbery

necessitates intent to gain. Frustrated homicide necessitates
deficiency of perception deficiency of action intent to kill

usually involves usually involves ---------------------------------------------------------

---------------------------------------------------------
lack of foresight lack of skill
IGNORANTIA FACTI EXCUSAT
a person fails to pay proper a person fails to take
attention and fails to use due necessary precaution to - RULE: IGNORANTIA FACTI EXCUSAT:
diligence in foreseeing the avoid injury to person or - ignorance or mistake of fact relieves the accused from
injury or damage impending damage to property criminal liability.
to be caused
- RULE: an honest mistake of fact destroys the presumption of
criminal intent
REQUISITES OF DOLO
1. FREEDOM, WHILE DOING/OMITTING Requisites Of Mistake Of Fact As A Defense:
2. INTELLIGENCE, WHILE DOING/OMITTING
3. INTENT WHILE DOING/OMITTING 1. Act would have been lawful is facts were as the accused
believed them to be.
- Accused killed a man because after taking all of the
REQUISITES OF CULPA necessary precautions, he thought that he was
1. FREEDOM, WHILE DOING/OMITTING being attacked by a robber
2. INTELLIGENCE, WHILE DOING/OMITTING - crime of resistance, when the accused believed it
3. IMPRUDENT, LACK OF SKILL, NEGLIGENT, LACK OF was a bandit entering his house, but submitted when
SKILL, WHILE DOING/OMITTING he realized it was the police.

--------------------------------------------------------- 2. “Intent” of the accused must be lawful.

- When an unlawful act is done willfully, mistake of the
REQUISITES OF DOLO

2
• __

and not free from doubt, evidence of motive is

identity of an intended victim does not relieve the
necessary (People v. Beltran).
accused of criminal responsibility (People v. Gona).
4. When there are no eyewitnesses and suspicion falls on
a lot of people (People v. Melgar).
3. Mistake must be without “fault or carelessness” on the part
5. When evidence is merely circumstantial (People v.
of the accused
Oquiño).
- People v. De Fernando: Accused shot a man going
up the stairs because he thought he was an
- How Motive Is Proved
escaped felon
- Established by the testimony of witnesses on the acts or
- Accused is guilty of homicide through reckless
statements of the accused before or immediately after
negligence because he failed to take all the
the commission of the offense.
necessary precautions to ensure the identity of the
- Establishment through the evidence presented.
man he eventually shot

--------------------------------------------------------- - RULE: Lack of motive may be aid in showing innocence.

--------------------------------------------------------- - RULE: Proof of motive alone is not sufficient to support a

GENERAL RULES ON FELONIES
- RULE: Mistake in the identity is NOT reckless imprudence
- RULE: A person causing damage or injury to another without
malice or fault is NOT criminally liable. (BY MERE ACCIDENT?)
conviction. It cannot take the place of proof beyond reasonable
doubt, sufficient to overthrow presumption of innocence.
---------------------------------------------------------

- RULE: In those crimes punished by SPECIAL LAWS, the act alone,

irrespective of dolo or culpa, constitutes the statutory offense.

- RULE: Absence of intent is not a valid defense for crimes

punished by special laws

- RULE: Good faith is not a valid defense for crimes punished by

special laws.

- RULE: When The Acts Are Inherently Immoral, They Are Mala In
Se Even If Punished Under Special Law. (Criminal intent needed)
---------------------------------------------------------

---------------------------------------------------------
MOTIVE

MOTIVE INTENT
Article 4. Criminal liability. - Criminal
The moving power which The purpose
impels one
liability shall be incurred:
to use a particular means
to action 1. By any person committing a felony
to effect such result.
for a definite result. (delito) although the wrongful act done be
different from that which he intended.
- GENERAL RULE: Not an essential element of a crime; need not
be proven for purposes of a conviction.
2. By any person performing an act which
- RULE: Good motives do not prevent an act from becoming a would be an offense against persons or
crime Example: Mercy Killing
property, were it not for the inherent
- EXCEPTION: Relevant when:
1. When the identity of the perpetrator is being disputed, impossibility of its accomplishment or an
the motive is very relevant (People v. Murray).
account of the employment of inadequate
2. When ascertaining the truth between two antagonistic
theories or versions of the killing (People v. Boholst- or ineffectual means.
Caballero; People v. Lim; People v. Tabije)
3. Where the identification of the accused proceeds from
an unreliable source and the testimony is inconclusive ---------------------------------------------------------

3
• __
1. By any person committing a felony
(delito) although the wrongful act done be
different from that which he intended (dolo
only?).
- This article has not reference to the manner criminal liability is
incurred. That is discussed in Article 3.
- RULE: One Who Commits An Intentional Felony Is Responsible
For All The Consequences Which May Naturally And Logically
Result Therefrom, Whether Foreseen Or Intended Or Not
- One is not relieved from the criminal liability for the
natural consequence of one’s illegal acts, merely
because one does not intend to produce such
consequences.
- Thus, one who fired his gun at B, but missed and hit C
instead, is liable for the injury caused to C, although
the one who fired the gun had no intention to injure C.
- RULE: Cannot therefore be an act or omission punished by a
special law
- because the offender violating such a law may not
have the intent to do an injury to another.
- “Although the wrongful act be different from that which he
intended”
- Mistaken identity (error in personae)
- A shoots B because he thinks he is C.
- Mistaken blow (aberration ictus)
- A tries to shoot B but accidentally shoots C.
- The act exceeds the intent (praeter intentionem)
- A only intends to injure B but ends up killing
him.
---------------------------------------------------------
---------------------------------------------------------
Requisites Of Article 4 Paragraph 1
In order that a person may be held criminally liable for a
felony different from that which he intended to commit:
1. Intentional felony was committed
2. The wrong done to the aggrieved party be the
direct, natural, and logical consequence of the
felony committed by the offender
FIRST REQUISITE: Intentional Felony Was Committed
- EXAMPLE: Suicide is not not a felony. It is not punishable under
the Revised Penal Code (Article 253): THUS:
- If A jumps off the building and lands on B, he is not
criminally liable for intentional homicide.
SECOND REQUISITE: Wrong Done Must Be The Direct, Natural,
And Logical Consequence Of A Felonious Act (Proximate
Cause).
-
- General Rule: A person is criminally responsible for acts
committed by him in violation of the law and for all the natural
and logical consequences resulting therefrom.
- US v. Valdez à Victim who was threatened or chased
by the accused with a knife, jumps into the water and
drowns because of the heavy current. Accused is
criminally liable.
- RULE: Any person who creates in another’s mind an immediate
sense of danger, which causes the latter to do something
resulting in the latter’s injuries, is liable for the resulting injuries.
- Accused proceeds to commit robbery aboard a
jeepney. Accused threatens the passengers and
subsequently, B jumps out of the jeepney in order to
escape. B ends up hitting her head on the pavement
and eventually dies.
- RULE: The felony committed must be the proximate cause of
the resulting injury
- Proximate cause
- is that cause which, in natural and continuous
sequence, unbroken by any efficient
intervening cause, produces the injury, and
without which the result would not have
occurred.
- NATURAL
- refers to an occurrence in the ordinary
course of human life or events.
- LOGICAL
- means that there is a rational
connection between the act of the
accused and the resulting injury or
damage.
- NO Intervening cause
- if broken by any efficient intervening cause,
then not criminally liable.
- There must be a relation of “cause and effect”, the
cause being the felonious act of the offended, effect
being the resultant injuries and/or death of the victim.
- RULE: The felony committed is not the proximate cause of the
resulting injury when:
- an active force intervened (distinct act from accused)
- the victim intentionally acted to cause the injury
- EXCEPTION: Not fo those which bear no relation to the initial
cause and are due for instance to the mistakes committed by
the doctor in the surgical operation and the treatment of the
victim’s wound.
4
• __
- RULE: INTERVENING CAUSES: (following are not intervening
causes)
- People v. Illustre & People v. Reyes à The weak or
diseased physical condition of the victim, as when one
is suffering from tuberculosis or heart disease.
- People v. Almonte & People v. Quianson à Nervous
temperament, as when a person dies in consequence
of an internal hemorrhage because he was moving
around against doctors orders because of his nervous
temperament due to the wound inflicted by the
accused.
- People v. Buhay, US v. Valdez à Causes inherent to the
victim
- Victim does not know how to swim
- Victim is an alcoholic
- US v. Marasigan & People v. Red à Neglect of the
victim or a third person.
- o Refusal of victim to undergo surgery
- o Failure of doctors to give anti-tetanus
injection to the injured person
- People v. Moldes à Erroneous or unskillful medical
treatment as when the assault took place in an
outlying barrio where proper modern surgical service
was not available.
---------------------------------------------------------
---------------------------------------------------------
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.
- REASON: Since criminal intent is present, such criminal
tendencies must be suppressed in the society.
Requisites Of IMPOSSIBLE CRIME
1. That the act performed would be an offense against
persons or property.
2. That the act was done with evil intent
3. That its accomplishment is inherently impossible, or that the
means employed is either inadequate or ineffectual.
4. That the act performed should not constitute a violation of
another provision of the RPC.
1. That the act performed would be an offense against persons
or property.
- BUT the crime must not be actually committed.
2. That the act was done with evil intent
- an intent to do an injury to another
- If A knew that B was already dead when he stabbed,
there was no evil intent on the part of A.
3. That its accomplishment is inherently impossible, or that the
means employed is either inadequate or ineffectual.
- Inherent impossibility of accomplishment: act intended
is by its nature one of impossible accomplishment.
- Legal impossibility and Physical impossibility
- example: Trying to kill a person
without knowing that he is already
dead à legal and physical
impossibility.
- example: Trying to poison a person
with arsenic when it turns out, only
salt was used.
- example: Stealing a watch even if it
turns out the said watch is actually
yours à legal impossibility,
- Attempting to steal money from a
safe that turns out to be empty.
- Employment of inadequate and ineffectual means
- example: A tries to poison B with a decent
amount of arsenic but B does not die
because he has strong resistance to arsenic
- example: A tries to shoot B in the head only to
find out the gun is not loaded when he pulls
the trigger
- REASON: Objectively, the offender has not
committed a felony but subjectively, he is a
criminal.
4. That the act performed should not constitute a violation of
another provision of the RPC.
- If the unaccomplished crime still is punishable by
another provision of RPC, it doesn’t fall under this
article. e.g. ARTICLE 282 Grave threats not proceeding
to physical injuries is an example of this.
---------------------------------------------------------
5
• __

- RULE: EXCEPTION: Penalties Are Not Excessive When Intended

To Enforce A Public Policy
- Rampant lawlessness justifies imprisonment for
Article 5. Duty of the court in connection promiscuous carrying and use of powerful firearms
when ordinarily such a penalty would seem excessive.
with acts which should be repressed but - Heavy fines imposed by congress to repress profiteering
so that people would not take advantage of critical
which are not covered by the law, and in conditions (like a global recession, strong storms, etc.)
to make unusual profits.
cases of excessive penalties. - Whenever ---------------------------------------------------------

a court has knowledge of any act which it

Article 6. Consummated, frustrated, and
may deem proper to repress and which is
attempted felonies. - Consummated
not punishable by law, it shall render the
felonies as well as those which are
proper decision, and shall report to the
frustrated and attempted, are punishable.
Chief Executive, through the Department of
Justice, the reasons which induce the court A felony is consummated when all the
to believe that said act should be made elements necessary for its execution and
the subject of legislation. accomplishment are present; and it is
frustrated when the offender performs all
In the same way, the court shall submit to
the acts of execution which would
the Chief Executive, through the
produce the felony as a consequence but
Department of Justice, such statement as
which, nevertheless, do not produce it by
may be deemed proper, without
reason of causes independent of the will of
suspending the execution of the sentence,
the perpetrator.
when a strict enforcement of the provisions
of this Code would result in the imposition There is an attempt when the offender
of a clearly excessive penalty, taking into commences the commission of a felony
consideration the degree of malice and directly or over acts, and does not perform
the injury caused by the offense. all the acts of execution which should
--------------------------------------------------------- produce the felony by reason of some
- First Paragraph Pertains To Acts Which Should Be Repressed
But Which Are Not Punishable By Law. cause or accident other than this own
-In that case, the court must render the proper decision
by dismissing the case and acquitting the accused.
spontaneous desistance.
- The judge must then make a report to the Chief
Executive through the Secretary of Justice, stating the ---------------------------------------------------------
reasons which induce him to believe that the said act
STAGES OF A CRIME
should be made the subject of penal legislation.
- Internal acts
- Second Paragraph Pertains To Excessive Penalties
- Thoughts in the mind of the person; can never be
- REASON: The penalty provided by law and which the
punishable no matter how evil they are.
court imposes for the crime committed appears to be
- Mere intent to commit a crime cannot be punished if it
clearly excessive because
produces no effect.
- The accused acted with lesser degree of
- Intent and effect must concur.
malice
- There is no injury or the injury caused is of
lesser gravity
- External acts
- The court should not suspend the execution of the
- Preparatory acts
sentence.
- Ordinarily they are not punishable unless
- The judge should submit a statement to the chief
provided by law.
executive, through the Secretary of Justice,
recommending executive clemency.

6
• __
- The act of buying poison is not
necessarily punishable.
- Carrying a picklock is punishable
because there is a provision against
it.
- BUT preparatory acts which are considered in
themselves by law as independent crimes are
punishable.
- Execution acts
- Punishable by law
- STAGES: ATTEMPTED -> FRUSTRATED ->
CONSUMMATED
- All stages of acts of execution are punishable
---------------------------------------------------------
---------------------------------------------------------
ACTS OF EXECUTION: STAGE 1: ATTEMPTED FELONY
- ATTEMPTED FELONY
- 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.
ELEMENTS OF ATTEMPTED FELONY
1. Commencement of the commission of the felony
directly by overt acts. [offender commences the
commission of a felony directly or over acts,]
2. Offender does not perform all acts of execution
which should produce the felony. [does not perform
all the acts of execution which should produce the
felony]
3. The non-performance of all acts of execution was
due to a cause or accident other than his own
spontaneous desistance. [by reason of some cause
or accident]
4. The offender’s act is not stopped by his own
spontaneous desistance. [other than this own
spontaneous desistance.]
1 Commencement of the commission of the felony directly by
overt acts. [offender commences the commission of a felony
directly or over acts,]
- There must be an external act committed.
- External acts must be connected with the crime
intended to be committed.
- RULE: [If A tells B to kill C but B refuses] – A is not liable
for attempted homicide since the attempt was not
done directly with physical activity
- RULE: [If A tells B to kill C and B shoots at C and misses]
A and B are criminally liable of attempted felony
because of conspiracy. In conspiracy, the act of one is
the act of all.
-
2 Offender does not perform all acts of execution which should
produce the felony. [does not perform all the acts of execution
which should produce the felony]
- If all the acts of execution are performed, it is
automatically either frustrated or consummated.
3 The non-performance of all acts of execution was due to a
cause or accident other than his own spontaneous desistance.
[by reason of some cause or accident]
- CAUSE
- A tries to pickpocket B but B catches him
before he can do so.
- A has not done all the acts of
execution in relation to pick
pocketing.
- ACCIDENT
- A tries to shoot B but the gun jams.
- A has not committed all the acts of
execution.
4 The offender’s act is not stopped by his own spontaneous
desistance. [other than this own spontaneous desistance.]
- You cannot be punished if you stop yourself from
committing a crime.
- RULE: Desistance must be made before the crime is
committed.
- NOT DESISTANCE: A steals a chicken & brings
it back an hour later. Robbery has already
been committed therefore the return of the
chicken does not free A from criminal liability.
- RULE: Own spontaneous desistance exempts one from
criminal liability for the intended crime, and not from
any crimes which may have been committed before
the desistance.
- A shoots B and misses. A decides not to shoot
anymore.
- A is not guilty of attempted homicide
because of his spontaneous desistance but
he is guilty of making grave threats which he
had already committed.
- SUBJECTIVE PHASE CONCEPT
- the point from the beginning of the ocmmission of the
crime to the point where HE HAS STILL CONTROL OVER
HIS ACTS. (including their natural course)
- Example: A tries to poison B with poisoned
soup. Subjective phase ends as soon as the B
swallows the soup.
- Once the poison is in the stomach, it
will require the intervention of the
physician to prevent the poisoning, it
is not possible to desist anymore.
7
• __

the acts of execution]

PREPARATORY ACTS
ACT OF BUYING POISON
On its own, this act is a mere
preparatory act because it
does not logically follow that
he who buys poison wishes to
commit a felony.
Accused raised a bolo as if to
strike at the offended party.
Not an overt act because
there was no blow struck,
and there is no proof that the
accused issued threats to kill
or to do bodily harm.
OVERT ACTS
It becomes an overt act
when he who buys poison
begins to mix said substance
into a soup which he will
serve to his intended victim.
In such case, there is clear
intent to poison a person
Offering money to a public
officer with the purpose of
corrupting him is an overt act
in the crime of corruption of a
public officer.
- Nothing left to be done by the offender. Homicide à
Offender is able to afflict a fatal wound
- RULE: The SC in some cases has emphasized the belief
of the accused.
- example: A shoots at B. B pretends to be
dead. A no longer shoots at B. A is guilty of
frustrated homicide because he only stopped
shooting because he thought he had already
killed B.
- example not frustrated: A shoots at B. B
escapes and A does not chase him. A cannot
be accused of frustrated homicide because
he knew that he did not perform all the acts of
execution necessary to kill his victim. A is
guilty of attempted murder.

2 All the acts performed would produce a felony. [which would

produce the felony as a consequence]
- All the acts of execution performed by the offender
- RULE: The Intention Of The Accused Must Be Viewed From The
could have produced the felony as a consequence.
Nature Of The Acts Executed By Him, And Not From His
- A tries to stab B but instead stabs the back of the chair
Admission
where B was sitting. Attempted murder only because
- The intention of the accused must be ascertained from
murder would not have been produced as a
the facts
consequence of the actions performed by A.
- Acts susceptible of double interpretation, that is, in
- because the performance of the acts of execution
favor as well as against the accused, and which show
were prevented.
an innocent as well as a punishable act, must not and
cannot furnish grounds by themselves for attempted
3 Felony is not produced. [but which, nevertheless, do not
crime.
produce it]
- Acts must be shown to be directly aimed at the
- If the intended felony was produced, the act is
execution of the crime, and therefore they must have
consummated.
an immediate and necessary relation to the offense.
--------------------------------------------------------- 4 By reason of causes independent of the will of the perpetrator.
--------------------------------------------------------- [by reason of causes independent of the will of the perpetrator.]
ACTS OF EXECUTION: STAGE 2: FRUSTRATED FELONY - OBJECTIVE PHASE INTERVENTION: If the crime is not
produced because of the timely intervention of a third
party (after all acts of execution have been
committed).
ELEMENTS OF FRUSTRATED FELONY
- RULE: Is There Frustration Due To Inadequate Or
Ineffectual Means? NO: Such a frustration would be
1 Offender commits all acts of execution. [offender performs
tantamount to an impossible crime
all the acts of execution]
---------------------------------------------------------
2 All the acts performed would produce a felony. [which ATTEMPTED FELONY FRUSTRATED FELONY
would produce the felony as a consequence]
Subjective phase only, the In frustrated felony, the
3 Felony is not produced. [but which, nevertheless, do not accused can still offender has reached the
produce it] spontaneously desist from the objective phase (completion
act. of all acts of execution) while
in attempted felony, the
4 By reason of causes independent of the will of the
offender has not made it past
perpetrator. [by reason of causes independent of the will of the subjective phase
the perpetrator.]
In the following cases, the In the following cases, the
stage of execution was held stage of execution was held
1 Offender commits all acts of execution. [offender performs all to be attempted, because to be frustrated, because the

8
• __

- Crimes Consummated By Mere Attempt

there was no wound inflicted
or the wound inflicted was
not mortal:
wound inflicted was mortal:
- Flight to enemy’s country à a mere attempt is a
consummated felony.
- Corruption of minors à a mere proposal to satisfy the
lust of another will consummate the offense.

FRUSTRATED FELONY IMPOSSIBLE CRIME - Felony By Omission

- There is no attempted stage because in this kind of
In attempted or frustrated in impossible crime, the crime felony, the offender does not execute acts.
felony, the crime could have can never be accomplished.
been accomplished - Crimes Requiring The Two Or More Persons Is Consummated By
Mere Agreement
are thwarted by external impossible crime is thwarted - Corruption of a public officer à consummated if
reasons by internal reasons such as agreement is reached; attempted if offer is rejected.
the inherent impossibility of
the crime or the employment
of inadequate or ineffectual - Material Crimes
means by the offender. - Crimes with 3 stages of execution Attempted,
frustrated, consummated
---------------------------------------------------------
ACTS OF EXECUTION: STAGE 3: CONSUMMATED - RULE: Supreme court says that there is no crime of frustrated
theft and that the Espiritu and Dino cases should not be
FELONY adopted in this jurisdiction

- CONSUMMATED - RULE: There Is No Attempted Or Frustrated Impossible Crime

- All the elements necessary for its execution and - In impossible crime, all the acts of execution were
accomplishment are present. committed therefore an attempt is impossible.
- Every crime has its own elements which must all be - There is no frustrated impossible crime because the
present to constitute a culpable violation of a precept acts performed by the offender are considered as
of law. constituting a consummated crime.
- The act was completely carried out, the result was just
- RULE: ALL ELEMENTS OF A FELONY MUST BE PRESENT inherently impossible.
- Homicide is not consummated without death. ---------------------------------------------------------
- Theft is not consummated if no intent to gain.
- Estafa is not consummated if there is no deceit or
abuse of confidence proven.
- Robbery with violence à not consummated if no intent
to gain.
■ Can instead be found guilty of grave
coercion.
- Forcible abduction à not consummated if no element
of lewd designs is proved.
■ Can instead be found guilty of kidnapping
and serious illegal detention.
---------------------------------------------------------

E.G. STAGES OF ACTS OF EXECUTION: Arson

1 Attempted: poured gasoline around the house but got

caught before he could strike a match.
2 Frustrated: poured gasoline around the house and lit the
fire but the house did not burn
3 Consummated: poured gasoline around the house and lit the
fire. The house is burning.

---------------------------------------------------------
Manner Of Committing Crime
- Formal crimes
- Consummated in one instant; no attempt.

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- If they are committed, the charge is no longer proposal

to or conspiracy to commit but rather the act itself.
---------------------------------------------------------

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 therefor.

A conspiracy exists when two or more ---------------------------------------------------------

CONSPIRACY
persons come to an agreement
concerning the commission of a felony REQUISITES OF CONSPIRACY
and decide to commit it.
1 Two or more persons came to an agreement
2 Must be shown that defendant received or accepted the
There is proposal when the person who has agreement
- Agreement concerned the commission of a felony
decided to commit a felony proposes its 3. Execution of the felony be decided upon

execution to some other person or

persons.
---------------------------------------------------------
- CONSPIRACY
- exists when two or more persons
come to an agreement concerning
the commission of a felony and
decide to commit it.
- PROPOSAL
- when the person who has decided
to commit a felony proposes its
- RULE: Direct Proof Is Not Essential To Establish Conspiracy
- Existence of conspiracy can be inferred from the
collective acts of the accused before, during, and
after the commission of the crime
- RULE: Not necessary to show that all conspirators
actually hit and killed the victim
- RULE: Acts of the defendants must show a common design.
- RULE: When the defendants by their acts aimed at the same
object, one performing one part and the other performing the
other so as to complete it, with a view to the attainment of the
same object, and their acts, though independent, were in fact
concerted and cooperative, indicating closeness of personal
association, concerted action and concurrence of sentiments,
the court will be justified in concluding that said defendants
were engaged in a conspiracy.

execution to some other person or
persons.
- REASON: Conspiracy and proposal to commit a crime are only
preparatory acts, and the law regards them as innocent or at
least permissible except in rare and exceptional cases.
- RULE: QUANTUM OF PROOF: Elements of conspiracy must be
proven beyond reasonable doubt.
- A conspiracy must be established by positive and
conclusive evidence.
---------------------------------------------------------

- RULE: There must be a specific provision in the Revised Penal

Code punishing a specific instance of conspiracy or proposal.
■ Treason (Article 115)
■ Rebellion (Article 136)
■ Sedition (Article 141)

- REASON: Treason, Rebellion, Coup D’etat, Insurrection,

Sedition Must Actually Not Be Committed

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desistance of the proponent cannot legally exempt him from

criminal liability
---------------------------------------------------------

---------------------------------------------------------
PROPOSAL

REQUISITES OF PROPSAL

1 Person has decided to commit a felony.

2 Person proposes the execution of that felony to others.

- The RPC Specially Provides A Penalty For Mere Proposal In

Article 115 And 136
- Article 115: Proposal to commit treason à prison
correctional and a fine not exceeding 5,000 pesos
- Article 136:
- Proposal to commit coup d’etat à prision
mayor in its minimum period and a find not
exceeding 8,000 pesos
- Proposal to commit rebellion or insurrection à
prision correctional in its medium period and
a fine not exceeding 2,000 pesos

- RULE: The felony must actually not be committed or else it

would not count as a mere proposal.

-RULE: NO PROPOSAL: Person who proposes the felony is not

determined to commit the felony.
- A wants to overthrow the government but is afraid to
do it. A suggests the overthrow of the government to
desperate people who would do it with the slightest
provocation. A is not liable for proposal to commit
rebellion because A has not decided to commit it.

- RULE: DESISTANCE WON’T SAVE: Once a proposal to commit

rebellion is made by the proponent to another person, the crime
of proposal to commit rebellion is consummated and the

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- Light felony against persons

- Slight physical injuries and maltreatment
(Article 266)
- Intriguing against Honor

- Light felony against property

- Theft by hunting, fishing, or gathering of forest
or farm products within a enclosed area
where trespass is prohibited and the value of
items stolen is less than 5 pesos (Article 309,
No. 7)

- Theft of items valued at less than 5 pesos

where the offender was prompted by hunger,
poverty, or the difficulty of earning a
livelihood (Article 309, No. 8) Altering
boundary marks (Article 313)

- Malicious mischief where the damage less

than 200 pesos or it cannot be estimated
(Article 328, No.3)

- Alteration of boundary marks

---------------------------------------------------------

Article 7. When light felonies are

punishable. - Light felonies are punishable
only when they have been consummated,
with the exception of those committed
against person or property.

---------------------------------------------------------
LIGHT FELONIES
- GENERAL RULE: punishable only when consummated
- They produce light, insignificant moral, and material
injuries that public conscience is satisfied with providing
a light penalty for their consummation.

- EXCEPTION: UNLESS against persons or property

- why? it presupposes moral depravity of the offender.
- For this reason, even attempted and frustrated light
felonies against persons or property is punishable.
unless committed against persons or property

- RULE: WHO ARE PUNISHED: Principals and accomplices only.

- Examples

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Less grave felonies are those which the law

punishes with penalties which in their
maximum period are correctional, in
accordance with the above-mentioned
Art..

Light felonies are those infractions of law

for the commission of which a penalty of
arrest menor or a fine not exceeding 200
pesos or both; is provided.

REPUBLIC ACT NO. 10951, August 29,

2017

Article 9 of Act No. 3815, otherwise

known as "The Revised Penal Code", is
hereby amended to read as follows:

"ART. 9. Grave felonies, less grave

felonies and light felonies.- Grave
felonies are those to which the law
attaches the capital punishment or
penalties which in any of their periods
are afflictive, in accordance with Article
25 of this Code.

"Less grave felonies are those which

the law punishes with penalties which
in their maximum period are
correctional, in accordance with the
abovementioned article.

"Light felonies are those infractions of

law for the commission of which the
penalty of arresto menor or a fine not
exceeding Forty thousand pesos
(P40,000) or both is provided."

Article 9. Grave felonies, less grave

felonies and light felonies. - Grave felonies
are those to which the law attaches the
capital punishment or penalties which in
any of their periods are afflictive, in
accordance with Art. 25 of this Code. ---------------------------------------------------------
GRAVE FELONIES

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- GRAVE FELONIES “Penalties which in any of their periods are

afflictive”
- RULE: When the penalty prescribed includes an
afflictive penalty.
- A felony punishable by prision correccional to
prision mayor is a grave felony because
prision mayor is afflictive.
---------------------------------------------------------
- Less grave felonies
SPECIAL LAWS
- are those which the law punishes - RULE: First clause provides that the offenses under special laws
with penalties which in their are not subject to the provisions of this code.
- Offenses which are or in the future
maximum period are correctional, in
may be punishable under special
accordance with the above-
laws are not subject to the provisions
mentioned Art..
of this Code.
- Light felonies
- RULE: Second clause makes the Revised Penal Code
- "Light felonies are those infractions of supplementary to the special laws unless the special laws say
law or the commission of which the otherwise.

penalty of arresto menor () or a fine - This Code shall be supplementary to

not exceeding Forty thousand pesos
(₱40,000) or both is provided."
---------------------------------------------------------
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
contrary.
such laws, unless the latter should
specially provide the contrary.
- RULE: Article 6 Of The Revised Penal Code (Attempted,
Frustrated, Consummated) Cannot Be Applied To Offenses
Punished By Special Laws
- Special laws do not provide a scale of penalties where
a given penalty can be lowered by one or two
degrees.
- Mitigating circumstances and aggravating
circumstances cannot affect the penalties in the
special laws unless expressly provided by said special
law.
- Special Law Has To Fix Penalties For Attempted And
Frustrated Crime Before They Can Be Punished
provide the
- RULE: Special laws use the term “imprisonment” rather than the
other terms ascribed to the penalties found in the Revised Penal
Code.
- Hence, the penalty for illegal possession of firearms
under the special laws is imprisonment and not prision
correccional because the latter is peculiar to offenses
punished in the Revised Penal Code.

- RULE: If The Special Laws Adopt The Penalties Found In The

Revised Penal Code, The Rules For Graduating Penalties By
Degrees Can Be Applied

- RULE: Article 10 Is Not Applicable To Punish An Accomplice

- Under The Special Law Unless expressly provided, the
penalty imposed is clearly intended only for the one
committing the offense [PRINCIPAL ONLY].

- RULE: Revised Penal Code Is Not Suppletory When The Penalties

Under The Special Law Are Different From Those Under The
Revised Penal Code

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- RULE: Special Laws Amending The Revised Penal Code Are

Subject To Its Provisions
- Example: PD 533 amends the provision of the Revised
Penal Code governing theft of large cattle.
- Since the special law (PD 533) is an amendment of an
existing provision in the Revised Penal Code, all the
other provisions of the Revised Penal Code such as
mitigating circumstances, etc. may be applied.
---------------------------------------------------------

DURATION AND EFFECTS OF PENALTIES

1. Reclusion Perpetua- imprisonment for at least thirty [30]

years after which the convict becomes eligible for pardon. It

also carries with it accessory penalties, namely: perpetual

special disqualification, etc.

2. Reclusion Temporal- 12 years and 1 day to 20 years

3. Prision Mayor and Temporary Disqualification- 6 years and 1

day to 12 years

4. Prision correccional, suspension, and destierro- 6 months

and 1 day to 6 years

5. Arresto Mayor- 1 month and 1 day to 6 months

6. Arresto Menor- 1 day to 30 days

7. Bond to keep the peace— The bond to keep the peace

shall be required to cover such period of time as the court

may determine.

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