LECTURE NOTES

CRIMINAL LAW 2: The Revised Penal Code, Book 2

Atty. Jose Isagani M. Gonzales
To do justice,
To love mercy,
Page 1 of 11 and to walk humbly
=======================================/ with God
(Micah 6:8)

PART 1 - INTRODUCTION

Frequently Asked Questions about the Revised Penal Code

What is the Revised Penal Code? The Revised Penal Code is the
primary legislation governing crimes and penalties in the Philippines. It
serves as the backbone of the Philippine criminal justice system, providing
a comprehensive framework for defining offenses and prescribing
corresponding penalties. By familiarizing ourselves with its key provisions
and understanding the different offenses outlined within, we can contribute
to a more informed and just society. Whether you are a legal professional
or an individual interested in Philippine law, a solid understanding of the
Revised Penal Code is essential.

When was the Revised Penal Code enacted? The Revised Penal Code
was enacted in 1930 and has since undergone amendments to adapt to
changing societal needs.

Are all crimes covered under the Revised Penal Code? Yes, the
Revised Penal Code provides a comprehensive framework for various
offenses, ranging from minor infractions to serious felonies.

Can the penalties under the Revised Penal Code be modified? Yes,
penalties under the Revised Penal Code can be modified based on the
specific circumstances of the offense and the discretion of the court.

Who enforces the Revised Penal Code? Law enforcement agencies,

such as the police and other investigative bodies, enforce the provisions
outlined in the Revised Penal Code.

Are there any proposed revisions to the Revised Penal Code? None,
yet. However, there is that proposed Philippine Code of Crimes (PCC) -
Envisioned to replace the outdated Revised Penal Code; to be a simplified,
truly Filipino and modern criminal code that consolidates and harmonizes
LECTURE NOTES
CRIMINAL LAW 2: The Revised Penal Code, Book 2
Atty. Jose Isagani M. Gonzales
To do justice,
To love mercy,
Page 2 of 11 and to walk humbly
=======================================/ with God
(Micah 6:8)

the penal laws for an effective and efficient administration of criminal justice
in the Philippines.

1. General Principles of the Revised Penal Code

The Revised Penal Code is based on a set of general principles that

form the foundation of criminal law in the Philippines. These principles
guide the interpretation and application of the code’s provisions.

2. Classification of Crimes

Crimes under the Revised Penal Code are categorized based on their
nature and severity. Understanding the classification system is essential for
determining the appropriate penalties and legal procedures.

3. Elements of a Crime

For an act to be considered a crime, it must fulfill certain elements

outlined in the Revised Penal Code. These elements include criminal
intent, unlawful acts, and the absence of justifying or exempting
circumstances.

4. Penalties and Sentencing

The Revised Penal Code provides a comprehensive framework for

determining the penalties and sentencing of individuals found guilty of
crimes. It includes a range of punishments, such as imprisonment, fines,
and alternative forms of penalty.

Exploring Offenses under the Revised Penal Code

The Revised Penal Code enumerates numerous offenses, covering a wide

spectrum of criminal activities. Let’s explore some of the most notable
offenses and their corresponding penalties.
LECTURE NOTES
CRIMINAL LAW 2: The Revised Penal Code, Book 2
Atty. Jose Isagani M. Gonzales
To do justice,
To love mercy,
Page 3 of 11 and to walk humbly
=======================================/ with God
(Micah 6:8)

1. Homicide and Murder: Understanding the Difference

Homicide and murder are distinct offenses, differing in terms of intent

and circumstances. Knowing the difference between these two
offenses is crucial for the proper application of the law.

2. Theft and Robbery: Unveiling the Nuances

The Revised Penal Code addresses various forms of theft and

robbery, each with its unique characteristics and penalties.
Understanding these nuances is essential for discerning the gravity of
the offense.

3. Rape and Sexual Assault: Protecting Victims’ Rights

Sexual offenses, including rape and sexual assault, are grave

offenses that necessitate utmost attention and protection of victims’
rights. Explore the provisions and penalties associated with these
offenses.

4. Fraud and Embezzlement: Preserving Financial Integrity

Fraud and embezzlement encompass a wide range of deceptive

practices and misappropriation of funds. Learn about the specific
provisions and penalties related to financial crimes.

PART 2

WHAT IS A CRIME?

It an act and omission punishable by law.

It is an act that is forbidden.
It an act in violation of a law.
Activity that is against the law.

HOW DO WE CLASSIFY CRIMES IN THE PHILIPPINES?

LECTURE NOTES
CRIMINAL LAW 2: The Revised Penal Code, Book 2
Atty. Jose Isagani M. Gonzales
To do justice,
To love mercy,
Page 4 of 11 and to walk humbly
=======================================/ with God
(Micah 6:8)

Crimes in the Philippines are generally classified into:

(1) index crimes - which are serious in nature and occur with
sufficient frequency and regularity

(2) non-index crimes all other crimes not categorized as index

crimes

LEGAL CLASSIFICATIONS OF CRIMES:

1. ACCORDING TO LAW VIOLATED

a. Felony – an act or omission punishable by law which is committed

by means of dolo (deceit) or culpa (fault) and punishable under the
Revised Penal Code

b. Offense – an act or omission in violation of a special law

c. Infraction – an act or omission in violation of a city or municipal

ordinance

2. ACCORDING TO THE MANNER OF COMMITTING CRIME:

a. By means of dolo or deceit – if the crime is committed with deliberate

intent. Thus, it is called intentional felonies.

●freedom or voluntariness
●intelligence
●intent

b. By means of culpa or fault -felonies committed by means of culpa

(fault) - the act or omission of the offender is not malicious and the injury
caused by the offender is unintentional, it being the simply the
incident of another act performed without malice
LECTURE NOTES
CRIMINAL LAW 2: The Revised Penal Code, Book 2
Atty. Jose Isagani M. Gonzales
To do justice,
To love mercy,
Page 5 of 11 and to walk humbly
=======================================/ with God
(Micah 6:8)

●lack of foresight
●lack of skill
●negligence
●imprudence

Dolo is deliberate intent otherwise referred to as criminal intent, and

must be coupled with freedom of action and intelligence on the part of
the offender as to the act done by him.

Culpa – The act or omission is not malicious; the injury caused being
simply the incident of another act performed without malice.

3. ACCORDING TO THE STAGES IN THE COMMISSION:

a. Attempted – the crime is attempted 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.

b. 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

c. Consummated - when all the elements necessary for its

accomplishment and execution are present

4. ACCORDING TO PLURALITY:

a. Simple Crime – is a single act constituting only one offense.

b. Complex Crime – single act constituting two or more grave

felonies or and is a necessary means for committing the other

Two (2) Kinds of Complex Crime:

LECTURE NOTES
CRIMINAL LAW 2: The Revised Penal Code, Book 2
Atty. Jose Isagani M. Gonzales
To do justice,
To love mercy,
Page 6 of 11 and to walk humbly
=======================================/ with God
(Micah 6:8)

1. compound crime (delito compuesto)

2. complex crime proper (delito complejo)

5. ACCORDING TO GRAVITY:

a. Grave felonies - are those to which the law attaches the capital
punishment or penalties which in any of their period are afflictive.

b. Less grave felonies - are those which the law punishes with
penalties which in their maximum period are correctional.

c. Light felonies - are infraction of laws for the commission of which

the penalty of arresto menor or a fine not exceeding 200 pesos or
both is provided.

6. ACCORDING TO THE NATURE OF THE ACT:

A. Crimes mala in se (“evil in itself”) – are acts that are inherently

evil. Examples are murder, robbery, rape etc.

B. Crimes mala prohibita (“prohibited evil”) – are acts which are

prohibited only because there are laws forbidding such acts.
Examples are Illegal Possession of firearms, Traffic Violations, etc

CRIMINOLOGICAL CLASSIFICATION OF CRIME

Criminologists consider the following as criminological classification

of crimes (Criminology Reviewer, 1996).

1. AS TO THE RESULT OF CRIME:

a. Acquisitive Crime – when the offender acquires something as a

consequence of his criminal act.
LECTURE NOTES
CRIMINAL LAW 2: The Revised Penal Code, Book 2
Atty. Jose Isagani M. Gonzales
To do justice,
To love mercy,
Page 7 of 11 and to walk humbly
=======================================/ with God
(Micah 6:8)

b. Extinctive Crime – crime is extinctive when the result of criminal

act is destruction

2. AS TO THE TIME/PERIOD OF COMMISSION:

a. Seasonal Crime – crime committed only at certain period of the

year

b. Situational Crime – crime committed only when given a situation

conducive to its commission

3. AS TO THE LENGTH OF COMMISSION:

a. Episodial Crime – serial crime, committed by series of acts within

a lengthy period of time

b. Instant Crime –committed the shortest possible time

4. AS TO THE PLACE OF THE LOCATION OF THE COMMISSION:

a. Static Crime –committed only in one place

b. Continuing Crime –committed in several places

5. AS TO THE USE OF MENTAL FACULTIES:

a. Rational Crime –committed with intent; offender is in full

possession of his mental faculties

b. Irrational Crime –committed without intent; offender does not

know the nature of his act

6. AS TO TYPE OF OFFENDER:

a. White Collar Crime –committed by a person of responsibility in

the course of his occupation
LECTURE NOTES
CRIMINAL LAW 2: The Revised Penal Code, Book 2
Atty. Jose Isagani M. Gonzales
To do justice,
To love mercy,
Page 8 of 11 and to walk humbly
=======================================/ with God
(Micah 6:8)

b. Blue Collar Crime –committed by ordinary professionals to

maintain their livelihood

7. AS TO THE STANDARD OF LIVING OF THE CRIMINALS:

a. Upper World Crime –committed by individuals belonging

to the upper class of society
b. Under World Crime – committed by members of the lower or
under privilege class of society

8. AS TO MANNER OF COMMISSION:

a. Crime by Imitation – “copycat” crime, committed by merely

duplication of what was done by others

b. Crime by Passion – committed because of the fit of great

emotion, such as anger

c. Occupational (service-related) Crime –committed by rendering

all service to satisfythe desire of another

B. OTHER CLASSIFICATION OF CRIMES

1. Traditional Crimes – crimes that are committed every now and

then. e.q. robbery, theft, homicide

2. Crimes due to changing society (social change) – poverty

crimes. e.q. prostitution, child labor

3. Emergency Crimes – crimes that are committed to take

advantage of an abnormal situation, or the nature of a social problem,
or the vulnerability of a person or groups of persons.

IS THERE SUCH THING AS VICTIMLESS CRIME?

LECTURE NOTES
CRIMINAL LAW 2: The Revised Penal Code, Book 2
Atty. Jose Isagani M. Gonzales
To do justice,
To love mercy,
Page 9 of 11 and to walk humbly
=======================================/ with God
(Micah 6:8)

YES. Victimless crime refers to acts committed by consenting

adults in private. In victimless crimes, the acts involve only the
participants and do not directly harm others. Examples are: drug addiction,
prostitution, and gambling.

Victimless crime has the following applications:

1. The victim is the accused.

2. In common usage, victimless crime refers to behavior that is

illegal but which is claimed to not violate or threaten the rights of
anyone and may be associated with the implication that the behavior
should therefore not be illegal.

3. In criminology, victimless crime is now termed public order crime.

4. In the law, case law has developed to discuss what used to be

termed “victimless” crime: It applies to adults, and specifically not to
minors who have not yet reached the age of consent, where age of
consent is relevant.

PART 3 (ASSIGNMENT)

Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

CRIMES AGAINST NATIONAL SECURITY.

1. Treason. (Art. 114)

2. Conspiracy and proposal to commit treason. (Art. 115)
3. Misprision of treason. (Art. 116)
4. Espionage. (Art. 117)

CRIMES AGAINST THE LAW OF NATIONS.

LECTURE NOTES
CRIMINAL LAW 2: The Revised Penal Code, Book 2
Atty. Jose Isagani M. Gonzales
To do justice,
To love mercy,
Page 10 of 11 and to walk humbly
=======================================/ with God
(Micah 6:8)

1. Inciting to war or giving motives for reprisals. (Art. 118)

2. Violation of neutrality. (Art. 119)
3. Correspondence with hostile country. (Art. 120)
4. Flight to enemy's country. (Art. 121)
Piracy in general and mutiny on the high seas or in Philippine waters.
(Art. 122)

JURISPRUDENCE

U.S. vs. Abad, 1 Phil. 437

People vs. Marcaida, 79 Phil. 283
People vs. Morales, 91 Phil. 445
People vs. Flavier, 89 Phil. 15
Laurel vs. Misa, 77 Phil. 856
People vs. Tan, P.C., 42 O.G. 1263
People vs Robles 83 Phil. 1
People vs. Agoncillo, 80 Phil 33
People vs. Paar, 86 Phil. 864
People vs. Mangahas, 93 Phil. 1113
People vs. Perez, 83 Phil. 314-315
People vs. Alarcon, 78 Phil. 733
People vs. Fernando, 79 Phil. 719
People vs Canibas, 85 Phil. 469
People vs. Adriano, 78 Phil. 563
People vs. Villanueva, 92 Phil. 637
People vs. Godinez, 79 Phil. 776
People vs. De Castro, 84 Phil. 118
People vs. Badili, 84 Phil. 71
People vs. Balingit, 83 Phil. 881
People vs. Adlawan, 83 Phil. 194
People vs. San Juan, 89 Phil. 359
People vs. Abad, 78 Phil. 766
People vs. Victoria, 78 Phil. 129
People vs. Icaro, vs. Bernardino, 89 Phil. 12
U.S. vs. Magtibay, 2 Phil. 705
People vs. Manayao, 78 Phil. 721
LECTURE NOTES
CRIMINAL LAW 2: The Revised Penal Code, Book 2
Atty. Jose Isagani M. Gonzales
To do justice,
To love mercy,
Page 11 of 11 and to walk humbly
=======================================/ with God
(Micah 6:8)

U.S. vs. Bautista, et al., 6 Phil. 581

U.S. vs. Caballeros, et al, 4 Phil. 350
People vs. Catantan, G.R. No. 118075, September 5, 1997
People vs. Tulin, G.R. No. 111709, August 30, 2001
People vs. Siyoh, 141 SCRA 356
People vs. Ang Cho Kio, 95 Phil. 475