COURSE OUTLINE

CRIMINAL LAW ONE (I)

REVISED PENAL CODE
BOOK ONE (I)
(Articles 1 -113, and Related Special Penal Laws)
Introduction:
I. Criminal Law Definition/Concept
That branch of public substantive law which defines crimes, treats of their nature and
provides for their punishment

A. Common Law (Written Law)

B. Purpose of the criminal law; Theories
Classical (juristic): that man is essentially a moral creature with an absolutely 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.
Positivist (realistic) - `that crime is essentially a social and 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 a priori; but rather
through the enforcement of individual measures in each particular case after a through
personal and individual investigation conducted by a competent body of psychiatrist and
social scientists.

C. Sources of the Revised Penal Code – Interpretation by the SC

D. Limitations on the power of the power of the legislature to enact penal laws
E. Spanish Version prevail
II. Characteristics of Criminal Law

A. Generality
B. Territoriality
C. Prospectivity

III. Interpretation/Construction of Penal Statutes

BOOK ONE (I)
Title I - Felonies and Circumstances which Affect Criminal Liability
I. Art. 3 – Felony
Felony- act and omission punishable by law; committed by means of deceit (dolo) or fault
(culpa)

a. Elements of felony
There must be:
(1) an act or omission;
(2) punishable by the Revised Penal Code; and
(3) the act is performed or the omission incurred by means of dolo or culpa.

b. Kinds of felony; requisites

c. Intent and motive
d. Mistake of fact
e. Mala in se and mala prohibita

II. Art. 4 - Criminal Liability; how incurred

a. Proximate cause
Proximate cause is defined as 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
b. Efficient intervening cause
An efficient intervening cause is the new and independent act which itself is a proximate cause of an
injury and which breaks the causal connection between the original wrong and the injury.

c. Legal effects
1. Aberratio ictus
Aberratio Ictus is mistake in the blow. It is a manner or incurring criminal liability
according to Paragraph 1, Article 4, Revised Penal Code.
In Aberratio Ictus or mistake in the blow, it presupposes 3 persons present in the
crime scene. They are the offender, intended victim, and the innocent person who
was injured by reason of his act committed by mistake.
2. Error in personae
This happens if the person he injured is not the intended victim.

3. Praeter intentionem
There is no intention to commit so grave a wrong.
Example: When A always meets B in the presence of many people. A would
ridicule B. So because of that, one time B lost his patience. So he approached A
and B throw a fistic blow in the face of A, but because of the strong impact A
loses his balance and A fall in the cemented floor and cause internal hemorrhage
resulting to his death.

Q. Is B liable for homicide?

A. Under the principle of Praeter Intertionem, he shall be liable for homicide, but
he shall be entitled to a MITIGATING CIRCUMSTANCE that is found under
paragraph 3 of the Article 3, “That he did not 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 harm to the victim.

However, such fistic blow is the cause that made A hit the cemented 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 felony, although the wrongful act
done is different from that which he intended. When he throw a fistic blow hitting
the victim, he already commits a felony and that is Physical Injury. However, the
wrong done went beyond the intent in which cause the victims death. In that
case, that is only simple homicide, and applying one mitigating circumstance that
he does not intend to commit so grave a wrong. The penalty for homicide shall be
fixed in its minimum period which is, Reclusion temporal in its minimum.
d. Impossible crime
III. Art. 6 - Stages of execution of felony
a. Development of a crime
1. Preparatory acts
2. Acts of execution
b. Stages of execution
1. Consummated
2. Frustrated
3. Attempted
c. Comparison of the stages applied to specific crimes
1. Robbery/Theft
2. Homicide
3. Arson
4. Bribery
5. Rape
6. Falsification
7. Rebellion
IV. Art. 8 - Conspiracy and proposal
a. Comparison as a preparatory act and as a crime
b. Express and Implied Conspiracy
c. Requisites/Elements
d. Effect upon the participants
V. Art. 9 - Grave, less grave and light felonies
a. Compare with Article 26 and other articles
b. Arts. 9 & 26 (As amended by Secs. 1 & 2, RA 10951)
VI. Art. 10 - Suppletory effect of RPC
a. General Rule
b. Exceptions
VII. Art. 11 - Justifying circumstances
a. Definition
b. Different justifying circumstances
1. Self-defense
a. Coverage
b. Elements
c. Property rights
d. Sec. 26, R.A. 9262 – Battered Woman Syndrome
2. Defense of relatives
3. Defense of stranger
4. State of necessity
5. Fulfillment of duty or lawful exercise of a right or office
6. Obedience to an order
VIII. Art. 12 - Exempting circumstances
a. Definition/Basis/Effects
b. Comparison with justifying circumstances
c. Different exempting circumstances
1. Imbecile or insane person
a. Test of insanity
b. Lucid interval
c. Distinction between imbecility and insanity
2. 15 years and below; over 15 years and under 18 unless he acted with discernment (Sec. 6, RA
9344)
a. Absolute irresponsibility
b. Discernment
c. Art. 192, PD 603 in relation to Family Code on Suspension of Sentence
d. RA 9344 (Juvenile Justice and Welfare System Act)
3. Accident
4. Irresistible force and uncontrollable fear
a. Requisites
b. Distinction
5. Insuperable cause
d. Absolutory Causes
1. Definition
2. Reasons/Policy
e. Instigation distinguished from Entrapment
IX. Mitigating Circumstances
a. Definition/Basis
b. Comparison of ordinary and privileged mitigating circumstances
c. Different kinds of mitigating circumstances (Relate with Articles 64, 68, 69)
1. Incomplete justifying and exempting circumstances
a. Article 69
2. Minority age or over 70 years
a. Article 68
3. No intention to commit so grave a wrong
a. Article 4(1)
b. Determination of intent
4. Sufficient provocation
5. Immediate vindication of a grave offense
a. Vindication distinguished from provocation
6. Passion/obfuscation
7. Voluntary surrender and plea of guilty
a. Requisites
8. Offender is deaf and dumb, blind or suffering from physical defect
9. Illness that diminish exercise of will-power
10. Analogous cases
X. Art. 14 - Aggravating circumstances
a. Definition/Basis
b. Kinds of aggravating circumstances
1. Generic
2. Qualifying
3. Specific
4. Inherent
5. Special qualifying and special generic
c. Comparison of generic and qualifying aggravating circumstances
d. Different kinds of aggravating circumstances
1. Taking advantage of his public position
a. Public officer (Art. 203)
2. Committed in contempt of or with insult to public authorities
a. Person in authority and agent of person in authority (Art. 152)
3. Disregard of respect due to rank, age or sex and dwelling
a. When available
b. Dwelling:
-definition
-when inherent
4. Abuse of confidence or obvious ungratefulness
5. Place of commission
a. In the palace of the Chief Executive, or
b. In his presence, or
c. Where public authorities are engaged in discharge of duties
d. Place dedicated to religious worship
6. Also time and place
a. Nighttime or nocturnity
b. In an uninhabited place or despoblado
7. Occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune
8. Committed with the aid of –
a. Armed men, or
b. Persons who insure or afford impunity
c. By band and aid of armed men distinguished
9. Recidivism - Multiple crimes
10. Reiteration or habituality - Also Multiple crimes
a. Compared with habitual delinquency
b. Quasi-recidivism
11. Price, reward or promise
12. Committed by means of inundation, fire, poison, explosion, etc.
13. Evident premeditation
14. Craft, fraud and disguise
15. Advantage be taken of superior strength and means employed to weaken the defense
16. Treachery
a. When present
b. Rules of absorption
17. Ignominy
18. Unlawful entry and forcible entry
19. Committed by breaking a wall, roof, floor or window
20. Aid of persons under 15years of age and by means of motor vehicles, airships or other similar
means
21. Cruelty
a. Compared with Ignominy
e. Aggravating circumstances under Art. 62 (1)
XI. Art. 15 – Alternative circumstances
a. Relationship
b. Intoxication
c. Degree of instruction and education
1. Rules when mitigating and aggravating
Title II- Persons Criminally Liable for Felonies
I. A. Art. 16 - Who are criminally liable
1. Active subject
2. Passive subject
II. A. Art. 17 - Who are principals
1. By direct participation
a. Participated in the criminal resolution
b. Carried out plan and personally took part in its execution by acts which directly tended to the
same
2. By induction or inducement
a. Directly force another to commit a crime by
i. Using irresistible force
ii. Causing uncontrollable fear
b. Directly induce another to commit a crime by
i. Giving price or offering reward or promise
ii. Using words of command
3. By indispensable cooperation
B. Types of criminal responsibility/Conspiracy
1. Collective criminal responsibility
2. Quasi-collective criminal responsibility
3. Individual criminal responsibility
III. Art. 18 - Accomplices
A. Requisites/Elements
B. Comparison
1. Accomplice and principal (in general)
2. Accomplice and principal by indispensable cooperation
IV. Art. 19 - Accessories
1. Kinds
2. Corpus Delicti
3. PD 1612 – Anti Fencing Law
4. PD 1829 - Obstruction of Justice
V. Art. 20 - Accessories exempt from criminal liability
Title III - Penalties
I. Penalties in general
a. Requisites
b. Theories justifying penalty
c. Restrictions on penalties by the Constitution
d. Art. 21 - General Rules - No felony shall be punishable by any penalty not prescribed by law prior
to its commission
EXCEPT—Art. 22 - Penal Laws shall have retroactive effect
II. Art. 23 - Effect of pardon by the offended party;
- Effect of pardon by the President (Art. 36)
III. Art. 24 – Concept of preventive measures
1. Suspension pendete lite (RA 3019)
IV. Classification of penalties and its duration (Arts. 25, 70 and 71)
1. According to divisibility
2. According to subject matter
3. According to gravity
4. According to severity (Art. 70)
5. Comparison of Reclusion Perpetua and Life Imprisonment
V. Application of penalties
1. Art. 28 - Rules for computation
2. Art. 29 – Preventive imprisonment
a. As Amended by RA 10692, Approved May 29, 2013;
b. Application to Court martial proceedings;
VI. Effects of penalties according to their respective nature (Arts. 30-35)
VII. Order of payment in case property of offenders not sufficient to pay all pecuniary liabilities (Art.
38)
a. Distinguished from civil liability and pecuniary penalties
VIII. Art. 39 - Subsidiary penalty, as Amended by RA 10159, Approved April 10, 2012.
1. When imposed
2. Limitations
3. Determination of duration
4. Applies also to Special laws
IX. Qualifying circumstance affects penalty by Degree, while generic aggravating only by period
X. Arts. 40-44 – Penalties with inherent accessory penalties
1. Death, when not executed by reason of commutation
a. Perpetual absolute disqualification
b. Civil interdiction
2. Reclusion perpetua/reclusion temporal
a. Perpetual absolute disqualification
b. Civil interdiction
3. Prision mayor
a. Temporary absolute disqualification
b. Perpertual special disqualification from right of suffrage
4. Prision correctional
a. Suspension from public office, right to follow a profession or calling
b. Perpetual special disqualification from right of suffrage
5. Arresto mayor/menor
a. Suspension of right to hold office
b. Suspension of right to suffrage
XI. Art. 45 - Confiscation and forfeiture of the proceeds or instruments of crime – rules
XII. Art. 48 – Penalty for complex crimes
1. Kinds
2. Requisites
3. Delito continuado
4. Special complex crimes
XIII. Art. 49 - Felony committed is different from that which offender intended to commit
XIV. Rules with regard to Mitigating and Aggravating Circumstances, and Habitual Delinquency
1. Art. 62 – aggravating circumstances
a. Which in themselves constitute a crime
b. Which are inherent in the crime
c. Aggravating or mitigating circumstance which arise from -
(1) Moral attributes of the offender, or
(2) Private relations with the offended party, or
(3) From any other personal cause
d. Circumstances which consist
(1) In the material execution of the act, or
(2) In the means employed to accomplish it
e. Habitual delinquent
XV. Art. 70 - Successive service of sentence
a. Order of severity shall be followed
b. Three-fold rule
XVI. Rules for the application of penalties
1. Art. 46 in relation to Arts. 50-57 – penalties for the different stages of felony vis-a-vis the
participation of the accused
-Exception Art. 60
2. Art. 61 - rules for graduation of penalties
3. Art. 63 - rules for indivisible penalties
4. Art. 64 - rules for divisible penalties
5. Art. 65 - rules for penalties not composed of three periods
6. Art. 71 - graduated scale
XVII. Indeterminate Sentence Law (Act No. 4103)
a. Purposes
b. Reasons for fixing minimum and maximum penalties
c. Application
(1) Exceptions
XVIII. Probation law (PD 968)
a. Nature
(1) Privilege
b. qualification
c. effect of filing
d. conditions
e. revocation
XIX. R.A. 9344
a. Suspension of sentence (Sec. 38)
b. Confinement in Agricultural camps and other training facilities (Sec. 51)
Title IV-Extinction of Criminal Liability
I. Kinds of extinction of criminal liability-
a. Art. 89-total extinction
1.death of convict
2. service of sentence
3. amnesty
4. absolute pardon
-effects of pardon by the Chief Executive
5. prescription of crime (Art. 90, 91)
6. prescription of penalty (Art. 92, 93)
7. marriage of the offender with offended party (Art. 344)
8. Probation – Upon compliance of conditions
b. Art. 94 – Partial Extinction
1.conditional pardon
2.commutation of sentence
3. good conduct allowances
4. parole – Upon compliance of conditions
Title V – Civil Liability
I. Persons civilly liable
a. Art. 100 - Every person criminally liable for a felony is also civilly liable
1.Gen. Rule - If offender is acquitted, civil liability is extinguished
2.Exceptions
b. Art. 101 - Rules regarding civil liability in certain cases
c. Subsidiary civil liability - concept
1. Liability of innkeepers
2. Art. 103-liability of employees, teachers, persons and corporations engaged in any kind of
industry.
a. Requisites
II. What civil liability includes
a. Art. 104 - civil liability
1. Formula to recover for “lost of earning capacity”.
b. Art. 108 – upon whom obligation and action to demand devolves
c. Art. 109 – share of persons liable
d. Art. 110 – liability of principals, accomplices and accessories each within their respective class
III. Extinction and survival of civil liability
a. Art. 112 – extinction of civil liability
b. Art. 113 - obligation to satisfy civil liability
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