What is a criminal law?

• Is a branch of municipal law which defines crimes, treats of their

nature and provide for its punishments

What is a crime?
• Is an act committed or omitted in violation of the RPC
If the act is morally and socially wrong, is
there a criminal liability?
• NO. Unless there is a provision that defines and punishes the act.

Is there a common Law in the Phils?

• NO. Because for an act to constitute a crime, it is required that there
must be an express and positive declaration by congress to that
effect
What are the sources of criminal law in the
Phils?
• Revised Penal Code
• Special Laws passed by the Phil Legislature, Batasang Pambansa,
Congress of the Phils. and Presidential Decrees

What are the characteristics of CL?

• Generality
• Territoriality
• Prospectivity
ARTICLE 1 Effectivity of the RPC
• Although January 1, 1932 was a holiday, the effectivity of Act No.
3815 was not suspended because there is no holiday for the
commission of crimes
ARTICLE 2 Application of the Provisions of RPC
• The RPC apply even outside the Phil Territory or even in foreign
countries if an act committed affects the political and economic
security of the Phil Govt
a. The offender should commit an act while on board a Phil ship or airship,
registered to MARINA or ATO.
b. Any person who false or counterfeit coins, forge treasury or bank notes or
obligations and securities issued by the Phil Govt.
c. Any public official or employee who commit an act in the exercise of his
official function or duty
d. Any act committed against the national security or law of the nation
What are the rules on merchant vessels?
• French Rule (Law of Flag State)
• The foreign country where the crime is committed consider the
vessel as an extension of territory of the country whom the flag it
flies. It does not apply its own laws.
• American Rule/ Anglo- English Rule (The Coastal State)
• The foreign country where the crime is committed applies its own
laws for as long as the vessels is within its own territorial waters
when the offense was committed. This applies to the Phis.
What about warships?
• As far as the warships are concerned, the French Rule (Law of Flag
State) applies wherein the vessel is considered as extension of
territory of the state whose the naval forces it belongs

What is Phil ship or airship?

• Are those registered or licensed by the Phil Govt. Ownership is not
the test, it is the registration
Who are the person/s not subject to our local
penal laws?
• Under the rule of int’l law, acts committed by ambassadors and
ministries and those committed in the friendly foreign war vessels are
beyond the jurisdiction of the Phil Court.
• Consul do not have the similar privileges and immunities
Who are the person/s not subject to the
operation of our law?
• Sovereigns and other chiefs of state
• Ambassadors, minister plenipotentiary, minister residents and charge
d’ affairs
 ARTICLE 3- Felony
• What is a felony-
• an act committed that is punishable by the RPC
• What is an offense-
• An act committed that is punishable under
special law
Elements of Felony
• There shall be an external act or omission Classifications of Felony
• (Act means an overt act or external act)
• Omission means failure to perform a positive Intentional Culpable
duty required by law to be done Felony Felony
• That the act or omission is punishable by law Malicious and The injury caused is
• That the act or omission is incurred by performed with unintentional
means of dolo (malice) and culpa (fault) deliberate intent
Requisites of Dolo (Malice) Requisites of culpa (fault)

• Freedom of action or • Voluntariness or freedom of

voluntariness action
• Intelligence • Intelligence
• Intent to commit a felony with • Negligence or imprudence
malice
When is motive important?
• When the intent is difficult to prove
• If there is question on identity of the accused or the proof on the
identity of the culprit is non convincing

• How is motive proven?

• Through a testimony by the witness on the act or statement of the
accused before, immediately and after the commission of the offense
Mala Inse Mala Prohibita
The act is inherently evil • The act is made criminal by Special Law
Punishable by RPC • The only inquiry is whether the law has been
The intent governs violated

RPC SPECIAL LAWS

• Criminal liability is based on criminal intent • Liability only arises simply because the act
done is prohibited
of the offense
• Good faith or lack of CI is not a defense
• Good faith or lack of CI is a defense
• The degree of participation in the • No classification of offenses. Only those who
perpetrated the act incurred is CL
commission of the offense is considered in
imposing a penalty
• Punished only when consummated
• The degree of accomplishment is
considered • Modifying circumstances are not considered
• Modifying circumstances are considered
Article 4 Criminal Liability
• Who incurs CL?
• Any person who committed a felony (delito) although that
wrongful act done be different from that which he intended

• Any person performing an act which could cause an offense

against a person or property, were it not for its
• inherent impossibility or on an
• account of the employment of its inadequate or ineffectual means
Article 5 Duty of the Court in Connection with Acts
which are not Covered by the Law But Should be
repressed and in cases of excessive penalties

• Whenever the Court has the knowledge of the an act that is not
punishable by law, but may deem proper to repress, it should render
a proper decision, submit report to the Chief Exec thru the DOJ and
state the reason that induce the court to believe that said act be
made subject of penal legislation
Article 6 Stages of Execution
Consummated Felony Frustrated Felony Attempted Felony
When all the elements When the offender have When the offender
necessary for the performed all the acts of commences the act of
execution and commission that would commission of the felony
accomplishments of the produce the felony as a by overt acts but did not
felony are present consequence but which perform the acts that
nevertheless did not would produce a felony by
produce it due to reasons reasons or causes of
or cause independent of accidents other than his
the will of the perpetrator spontaneous desistance
Article 7 When Light Felonies are Punishable
• Light Felonies are those infractions of law for the commission of
which the penalty of arresto menor (1-30 days) or a fine not
exceeding 200 pesos or both is provided
• Slight physical injury
• Theft
• Alteration of boundary marks
• Malicious mischief
• Intriguing against honor

• Light Felonies are punishable only when consummated

Article 8 Conspiracy and Proposal

• Conspiracy exists when two or

more persons agree to the
execution of a felony and
decided to commit it

• Proposal happens when a

person who decided to commit
a felony proposes its execution
to another person or persons
Article 9 Grave Felonies, Light Grave Felonies
and Light Felonies

• Grave Felonies
• Capital punishments and penalties which in any of their periods are afflictive
in accordance with the Art 25 of RPC
• Light Grave Felonies
• With penalties which in their maximum period are correctional in accordance
with the Art 25 of RPC
• Light Felonies
• are those infractions of law for the commission of which the penalty of
arresto manor or a fine not exceeding 40,000 pesos or both is provided
Article 10 Offenses which are not subject to
the Provision of this code

• Offenses which are or in the future may be punishable under

special laws are not subject to the provisions of this Code.

• This Code shall be supplementary to such laws, unless the

latter should specially provide the contrary.
Article 11 Justifying Circumstances

AVOIDANCE OF
GREATER EVIL FULFILLMENT OF
OBEDIENCE TO DUTY OR LAWFUL
AN ORDER EXERCISE
 Article 11 Justifying Circumstance

Part I- Self Defense

Unlawful Aggression
Reasonable Necessity
Lack of Provocation
Article 12 Exempting Circumstances
• It exempts or excuse the offender from criminal liability although there is a crime
committed
• 1- Imbecile or insane person (unless the latter acted in lucid interval)
• Absence of intelligence (Note the elements of a crime like freedom, intent and voluntariness)
• E.g. mga nagra-rugby
• 2- Minority 9yrs and below
• 3- A person over 15 but under 18 unless he acted with discernment
• A minor who invented a spaceship
• 4- Accident as an exempting circumstance
• 5- Any person acting under the compulsion of irresistible force
• 6- Uncontrollable fear
• 7- Insuperable cause
Article 13 Mitigating Circumstances
• Lessening of the responsibility for wrongful acts, not to excuse from
the blame but to reduce the penalty maybe imposed upon the
offender
Article 13 Mitigating Circumstances
• Lessening of the responsibility for wrongful acts, not to excuse from the blame but to
reduce the penalty maybe imposed upon the offender
• Par 1. Incomplete justifying or exempting circumstance
• Par 2 The offender is under 18 or over 70 yrs of age
• Par 3 No intention to commit so grave a wrong
• Par 4 Provocation or Threat
• Par 5 Vindiction of a Grave Offense
• Par 6 Passion or Obfuscation
• Par 7 Voluntary Surrender of Confession of Guilt
• Par 8 Physical Defect w/c Restricts means of actions, defense or communication
• Par 9 Illness of the offender
• Par 10 Similar and Analogue Cases
Article 14 Aggravating Circumstances
Article 14 Aggravating Circumstances
Article 14 Aggravating Circumstances
Relationship, Intoxication, Degree of instruction and education of the offender

Are those which must be taken into consideration as aggravating or mitigating according to the nature and effects
of the crime and other conditions attending to its commission