CRIMINAL LAW 1

IN A NUTSHELL

ATTY. REGIE C. BANGAYAN

 SCOPE OF PRESENTATION

1. FUNDAMENTAL PRINCIPLES
2. PRELIMINARY TITLE
3. FELONIES AND CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABILITY
4. PERSONS CRIMINALLY LIABLE FOR
FELONIES
5. EXTINCTION OF CRIMINAL LIABILITY
CIVIL LIABILITY
 A. FUNDAMENTAL PRINCIPLES

CRIMINAL LAW:
It is the branch of public substantive law which
defines crimes, treats of their nature and provides
for their punishment.

CRIME:
A generic term that embraces any violation of the
RPC, special penal laws and municipal and city
ordinances.
FELONY:
An act or omission violative of the RPC
committed either intentionally or negligently.

OFFENSE:
An act or omission violative of a special law. i.e.
any law other than the RPC.

SOURCES OF CRIMLAW:
1. RPC
2. Special Penal Laws
3. Penal PD issued during Martial Law
LEGAL MAXIMS:
1. Nullum crimen nulla poena sine lege- There is
no crime when there is no law that punishes it.

2. Actus non facit reum, nisi mens sit rea- The act
cannot be criminal unless the mind is criminal.

3. Actus mi invito factus non est meus actus- An

act done by me against my will is not my act.

4. El es causa de la causa es causa del mal

causado- He who is the cause of the cause, is the
cause of the evil caused.

5. In dubio, pro reo, when in doubt, for the

accused.
CHARACTERISTICS OF CRIMLAW
1. GENERALITY:
Penal laws and those of public security and safety
shall be obligatory upon all who live and sojourn in
the Philippine territory.

2. TERRITORIALITY:
Penal laws of the Philippines have force and effect
only within its territory.

3. PROSPECTIVITY:
Crimlaw cannot penalize an act that was not
punishable at the time of its commission.
 B. PRELIMINARY TITLE
APPLICATION OF ITS PROVISION

1. EXTRATERRITORIALITY:
RPC is applicable even though outside the
Philippine territory.

2. EXTERRITORIALITY:
a term of international law which signifies the
immunity of certain persons, who although in the
state, are not amenable to its laws.

3. INTRATERRITORIALITY:
RPC is made applicable within the
Philippine territory.
 C. FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
FELONIES:
These are acts and omissions punishable by the
RPC.

CLASSIFICATION OF FELONIES
I-According to Means

A. Intentional Felonies- The act is performed or

the omission incurred with deliberate intent (dolo)
or malice to do an injury.
Requisites: Freedom; Intelligence;
Intent(Criminal)
B. Culpable Felonies- performed without malice
Requisites: Freedom; Intelligence; Negligence,
imprudence, lack of foresight or
lack of skill.

II- According to Nature:

1. Mala Prohibita:
Crimes punishable by special penal laws, whereby
criminal intent is not as a rule, necessary, it being
sufficient that the offender had the intent to
perpetrate the act prohibited by special penal law.
Gen. Rule:
Mere commission of crimes classified as mala
prohibita, even without criminal intent, is
punishable.

Exceptions:
Cuenca v. People
People v. Landicho
People v. Mallari

2. Mala in Se- acts or omissions which are

inherently evil. It is immoral in itself,
regardless of the fact that it is punishable
by law or not.
 CONSUMATED/FRUSTRATED/ ATTEMPTED
(STAGES OF EXECUTION)

CONSUMATED FELONY:
When all the elements necessary for its execution
and accomplishment are present.

FRUSTRATED FELONY (ELEMENTS):

a. Offender performs all the acts of execution;
b. All the acts performed would produce the
felony as a consequence;
c. But the felony is not produced;
d. By reason of causes independent of the will
of the perpetrator.
ATTEMPTED FELONY (ELEMENTS):

a. Offender commences the commission of the

felony directly by overt acts;
b. He does not perform all the acts of
execution which should produce the felony;
c. The non-performance of all the acts of
execution was due to a cause or accident
other than the offender’s own spontaneous
desistance.
MURDER/HOMICIDE/PARRICIDE/INFANTICIDE

1. With intent to kill, but no mortal wounds

inflicted- Attempted.

2. With intent to kill and mortal wound inflicted but

victim does not die- Frustrated.

3. The moment the victim dies, intent to kill is

conclusively presumed.
 JUSTIFYING/EXEMPTING/MITIGATINGAGGRAV
ATING/ALTERNATIVE CIRCUMSTANCES

1. JUSTIFYING CIRCUMSTANCES (Art. 11)

-Where the act of the person is said to be in

accordance with the law, so that such person is
deemed not to have transgressed the law and is
free from both criminal and civil liability. (except
par. 4)

Par. 1: Self-Defense: (Persons/Rights/Property

and Honor)
Requisites:
a. Unlawful aggression;
b. Reasonable necessity of the means
employed to prevent or repel it;
c. Lack of sufficient provocation on the part of
the person defending himself.

Par. 2: Defense of Relatives (Spouse, Ascendants,

Descendants, bothers or sisters or relative by affinity in
the same degree, relatives by consanguinity within 4th
civil degree):
a. Unlawful aggression;
b. Reasonable necessity….;
c. In case provocation is given by the person
attacked, the one making the defense had
no part therein.
Par. 3: Defense of Stranger (Requisites):
a. Unlawful aggression;
b. Reasonable necessity…;
c. Person defending was not induced by
revenge, resentment or other evil motive.

Par. 4: Avoidance of greater evil or injury

(Req):
a. Evil sought to be avoided actually exists;
b. Injury feared be greater than done to avoid
it;
c. No other practical and less harmful means of
preventing it.
Note: incurs civil liability but borne by the person
Par. 5: Fulfillment of duty or lawful exercise of
right
or office (Requisites):
a. Acted in fulfillment of duty or lawful
exercise of right or office;
b. Injury caused or offense committed be the
necessary consequence of due performance
of duty or lawful exercise of right or office.

Par. 6: Obedience in an order issued for some

lawful purpose (Requisites):
a. Order issued by a superior;
b. Order must be for lawful purpose;
c. Means used by the subordinate is lawful.
 EXEMPTING CIRCUMSTANCES (ART. 12)
-Frees the offender from criminal liability but not
from civil liability except par. 4.

Par. 1: Imbecility or Insanity:

-Exists when a person, while of advanced age, has a
mental development comparable to that of children
between 2 to 7 years old.
-Complete deprivation of intelligence or freedom of
the will

Par. 2 & 3: Minority ( Amended and superseded by

RA 9344 and RA 10630)

Par. 4: Accident without fault or intention of

causing it.
Par. 5: A person who acts under compulsion or
irresistible force.

Par. 6: Uncontrollable Fear

Par. 7: Insuperable Cause

MITIGATING CIRCUMSTANCES (ARTICLE 13)

-Do not entirely free the actor from criminal liability,
but serve only to reduce the penalty.

Par. 1: Incomplete justifying or exempting

circumstances.
- all of the requisites necessary to
justify the act or exempt from criminal liability
are NOT attendant. Provided, majority are present.
Par. 2: Over 15 and under 18, if there is
discernment, or over 70 years old.
-age at the time of the commission. Age at
trial is immaterial.

Par. 3: No intention to commit so grave a

wrong
(Praeter Intentionem).
-When the facts show that there is a notable and
evident disproportion between the means
employed to execute the act and its consequence.

Par. 4: Sufficient Provocation or

Threat(Requisites).
a. Sufficient b. Originate from offended party
c. Personal and directed to the accused
Par. 5: Immediate vindication of grave offense
-Immediate; allows lapse of time as long as
offender is still suffering fro mental agony.

Par. 6: Passion or Obfuscation

-When the crime was committed due to an
uncontrollable burst of passion provoked by prior
unjust acts due to legitimate stimulus so powerful
as to overcome reason.

Par. 7: Surrender and Confession of Guilt

(Req.)
a. Not actually arrested b. Voluntary
c. Surrendered to authority or agent
d. Unconditional e. Spontaneous
Par. 8: Physical defect of offender

Par. 9: Illness of the Offender

Par. 10: Similar or Analogous circumstances

AGGRAVATING CIRCUMSTANCES
- If attendant, serve to have the penalty imposed
in its maximum period provided by law for the
offense or change the nature of the crime.

Par. 1: Advantage be taken by the offender of

his
public position.
Par. 2: Crime committed in contempt of or
with
insult to the public authorities.

Par. 3: Act committed with insult or in

disregard to
the respect due to the offended party
on
account of his rank, age, sex, and
dwelling.

Par. 4: Act committed with abuse of

confidence or
obvious ungratefulness.
Par. 6: Crime committed in the nighttime, in
uninhabited place or by a band.

Par. 7: Crime committed on occasion of

conflagration, shipwreck, earthquake,
epidemic or other calamity or
misfortune.

Par. 8: Crime be committed with the aid or

armed
men or persons who insures or afford
impunity.

Par. 9: The accused is a recidivist.

Par. 10: Offender has been previously
punished for
an offense to which the law attaches
an
equal or greater punishment or for
two or
more crimes to which it attaches a
lighter
penalty. (Habituality)

Par 11: Crime committed in consideration of a

price, reward or promise.

Par. 12: Crime committed by means of fire,

inundation, poison, explosion,
Par. 13: Act committed with evident
premeditation.

Par. 14: Craft, Fraud or disguise be employed.

Par. 15: Advantage be taken of superior

strength or
means be employed to weaken the
defense.

Par. 16: Act committed with treachery

(alevosia)

Par. 17: Means be employed or circumstance

brought about which add ignominy to
Par. 18: Crime committed after an unlawful
entry.

Par. 19: That as a means to the commission

of a
crime, a wall, roof, floor, door or
window
be broken.

Par. 20: Crime committed with the aid of

persons
under 15 or be means of a motor
vehicle,
air ship or other similar means.
 ALTERNATIVR CIRCUMSTANCES
1. Relationship;
2. Intoxication;
3. Degree of instruction and education of offender.

-Those which must be taken into consideration as

aggravating or mitigating according to the nature
and effects of the crime and the other conditions
attending its commission.
 D. PERSONS CRIMINALLY
LIABLE FOR FELONIES
A. PRINCIPALS:
1. Principal by direct participation:
a. participated in the criminal resolution;
b. carried out their plan and personally took
part in its execution by acts which directly
tended to the same end.

2. Principal by induction:
a. inducement made directly with the
intention of procuring the commission of
the crime;
b. such inducement be the determining
cause of the commission of the crime by
the executor.
 3. Principal by indispensable cooperation:
a. participation in the criminal resolution by
either anterior conspiracy or unity or
criminal purpose and intention immediately
before the commission of the crime.

b. cooperation by performance of other act,

without which it would not have been
accomplished.
B. ACCOMPLICES:
- Persons who, not acting as principals, cooperate in
the execution of the offense by previous and
simultaneous acts, which are not indispensable to the
commission of the crime.
-Acts as mere instruments who perform acts not
essential to the perpetration of the offense.

Requisites:
1. Community of design;
2. Cooperates in the execution by previous or
simultaneous acts, with the intention of
supplying material or moral aid in the
execution of the crime in an efficacious way;
3. There be relation between the acts done by the
principal and those attributed to the
accomplice.
C. ACCESSORIES:
-They are who:
1. Having knowledge of the commission of the
crime; and

2. Without participated therein either as a

principal or accomplice, take part subsequent
to its commission in any of the following acts:
a. By profiting themselves or assisting the
offender to profit by the effects of the crime;
b. By concealing or destroying the body,
effects or instrument of the crime to prevent
its discovery;
c. By harboring, concealing or assisting in the
escape of the principal, provided accessory acts
with abuse of his public functions or whereever the
author of the crime is guilty of treason, parricide,
murder or an attempt to take the life of the Chief
Executive, or is habitually guilty of some other
crime.
 E. EXTINCTION OF CRIMINAL
AND CIVIL LIABILITY
1. CRIMINAL LIABILITY:
a. Death of convict as to personal penalties,
but as to pecuniary penalties, liability is
extinguished only when the death occurs
before final judgment;
b. Service of sentence;
c. Absolute Pardon
d. Prescription of crime;
e. Prescription of penalty;
f. Amnesty;
g. Marriage.
2. CIVIL LIABILITY:
a. Payment or performance;
b. Condonation or remission of the debt;
c. Confusion or merger of the rights of
creditor and debtor;
e. Compensation;
f. Novation;
g. Other causes of extinguishment of
obligations, like annulment, rescission,
fulfillment of resolutory condition, and
prescription.