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TitleCriminal Law (Arts. 1-237)
TagsConspiracy (Criminal) Crimes Crime & Justice Felony Plea
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ATENEO CENTRAL BAR OPERATIONS 2007

Criminal Law
SUMMER REVIEWER



—Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna
Gomez—




BOOK I



CRIMINAL LAW – A branch of municipal law which
defines crimes, treats of their nature and provides for
their punishment.

Characteristics of Criminal Law:

1. General – binding on all persons who reside
or sojourn in the Philippines

Exceptions:
a. Treaty Stipulation
b. Laws of Preferential Application
c. Principles of Public International Law

Ex:
i. sovereigns and other chiefs of

state
ii. Ambassadors, ministers

plenipotentiary, minister resident
and charges d’affaires

(BUT consuls, vice-consuls and other
foreign commercial representatives
CANNOT claim the privileges and
immunities accorded to ambassadors and
ministers.)


2. Territorial – penal laws of the Philippines are

enforceable only within its territory
Exceptions: (Art. 2 of RPC – binding
even on crimes committed outside the
Philippines)
a. offense committed while on a

Philippine ship or airship
b. forging or counterfeiting any coin or

currency note of the Philippines or
obligations and the securities issued
by the Government

c. introduction into the country of the
above-mentioned obligations and
securities

d. while being public officers and
employees, an offense committed in
the exercise of their functions

e. crimes against national security and
the law of the nations defined in Title
One of Book Two


3. Prospective – the law does not have any

retroactive effect.
Exception: when the law is favorable to the

accused
Exceptions to the Exception:

a. The new law is expressly made
inapplicable to pending actions
or existing causes of action

b. Offender is a habitual criminal


Theories of Criminal Law:
1. Classical Theory – basis is man’s free will to

choose between good and evil, that is why
more stress is placed upon the result of the
felonious act than upon the criminal himself.
The purpose of penalty is retribution. The
RPC is generally governed by this theory.


2. Positivist Theory – basis is the sum of

social and economic phenomena which
conditions man to do wrong in spite of or
contrary to his volition. This is exemplified in
the provisions on impossible crimes and
habitual delinquency.


3. Mixed Theory – combination of the classical

and positivist theories wherein crimes that
are economic and social in nature should be
dealt in a positive manner. The law is thus
more compassionate.


Construction of Penal Laws:

1. Liberally construed in favor of offender
Ex:

a. the offender must clearly fall within
the terms of the law

b. an act is criminal only when made so
by the statute

2. In cases of conflict with official translation,
original Spanish text is controlling,

3. No interpretation by analogy.


LIMITATIONS ON POWER OF CONGRESS TO
ENACT PENAL LAWS:

1. ex post facto law
2. bill of attainder
3. law that violates the equal protection clause

of the constitution
4. law which imposes cruel and unusual

punishments nor excessive fines

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BOOK ONE

GENERAL PROVISIONS







RPC took effect February 1, 1932.




RULES:

1. Philippine vessel or airship – Philippine
law shall apply to offenses committed in
vessels registered with the Philippine Bureau
of Customs. It is the registration, not the
citizenship of the owner which matters.

2. Foreign vessel
a. French Rule
General Rule: Crimes committed aboard
a foreign vessel within the territorial
waters of a country are NOT triable in the
courts of such country.

Exception: commission affects the
peace and security of the territory, or
the safety of the state is endangered.


b. English Rule
General Rule: Crimes committed aboard
a foreign vessel within the territorial
waters of a country are triable in the
courts of such country.

Exception: When the crime merely
affects things within the vessel or it
refers to the internal management
thereof.

*This is applicable in the Philippines.


Title One: FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY




Chapter One: FELONIES


Felonies – acts and omissions punishable by the
Revised Penal Code

Crime – acts and omissions punishable by any law

Act – an overt or external act


Omission – failure to perform a duty required by law


ELEMENTS:

1. there must be an act or omission
2. this must be punishable by the RPC
3. act or omission was done by means of dolo

or culpa

NULLUM CRIMEN, NULLA POENA SINE LEGE –
There is no crime when there is no law punishing it.

Classification Of Felonies According To The
Means By Which They Are Committed:

1. Intentional Felonies- by means of deceit

(dolo)
Requisites:

a. freedom
b. intelligence
c. intent.


MISTAKE OF FACT – misapprehension of
fact on the part of the person who caused
injury to another. He is not criminally liable.

Requisites:
a. the act done would have been lawful

had the facts been as the accused
believed them to be

bintention is lawful
b. mistake must be without fault or

carelessness by the accused


2. Culpable Felonies- by means of fault (culpa)
Requisites:

a. freedom
b. intelligence
c. negligence (lack of foresight) and

imprudence (lack of skill)


MALA IN SE v. MALA PROHIBITA
Mala in se Mala Prohibita
moral trait of
offender

considered not considered

good faith as a
defense

valid defense,
unless the crime is
the result of culpa

not a defense;
intent not
necessary-
sufficient that the
offender has the
intent to perpetrate
the act prohibited
by the special law

ART.1: TIME WHEN ACT TAKES EFFECT

ART. 2: APPLICATION OF ITS PROVISIONS

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Indemnity for medical services still unpaid
may be recovered.

Contributory negligence on the part of the
offended party reduces the civil liability of the
offender.

The civil liability may be increased only if it
will not require an aggravation of the decision
in the criminal case on which it is based.

The amount of damages for death shall be at
least 50,000, even though there may have
been mitigating circumstances.

In addition:
1. payment for the loss of the earning

capacity of the deceased
2. If the deceased was obliged to give

support, the recipient, who is not an
heir, may demand support from the
defendant.

3. The spouse, illegitimate descendants
and ascendants of the deceased
may demand for moral damages.


Moral damages may be recovered in the
following:

1. physical injuries
2. seduction, abduction, rape
3. adultery, concubinage
4. illegal or arbitrary detention
5. illegal search
6. libel, slander, defamation
7. malicious prosecution








NOTES:

The heirs of the person liable has no
obligation if restoration is not possible and
the deceased left no property.

Civil liability is possible only when the
offender dies after final judgment.

If the death of the offender took place before
any final judgment of conviction was
rendered against him, the action for
restitution must necessarily be dismissed.





NOTE: In case of insolvency of the accomplices, the
principal shall be subsidiarily liable for their share of
the indemnity. In case of the insolvency of the
principal, the accomplices shall be subsidiarily liable,

jointly and severally liable, for the indemnity due from
said principal.






Each class of principals, accomplices and
accessories is liable solidary for their share and
subsidiarily liable for the share of the other classes.

Preference In Enforcement Of Subsidiary
Liability:

1. against the property of the principal
2. against that of the accomplice
3. against that of the accessories





NOTES:

This refers to a person who has participated
gratuitously in the proceeds of a felony and
he is bound to make restitution in an amount
equivalent to the extent of such participation.

The third person must be innocent of the
commission of the crime, otherwise he would
be liable as an accessory and this article will
not apply.


Ex. A stole a ring worth 1k which he gave to B who
accepted it without knowledge that it was stolen. B
sold the ring to C for 500. B is liable to make
restitution up to 500 only.




Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL

LIABILITY






Civil Liability Is Extinguished By:

1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor

and debtor
5. compensation
6. novation




ART. 108: OBLIGATION TO MAKE
RESTORATION, REPARATION FOR DAMAGES,
OR INDEMNIFICATION FOR CONSEQUENTIAL

DAMAGES AND ACTIONS TO DEMAND THE
SAME; UPON WHOM IT DEVOLVES

ART. 109: SHARE OF EACH PERSON CIVILLY
LIABLE

ART. 110: SEVERAL AND SUBSIDIARY
LIABILITY OF PRINCIPALS, ACCOMPLICES

AND ACCESSORIES OF A FELONY;
PREFERENCE IN PAYMENT

ART. 111: OBLIGATION TO MAKE
RESTITUTION IN CERTAIN CASES

ART. 112: EXTINCTION OF CIVIL LIABILITY

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NOTES:

Unless extinguished, civil liability subsists
even if the offender has served sentence
consisting of deprivation of liberty or other
rights or has not served the same, due to
amnesty, pardon, commutation of the
sentence or any other reason.

Under the law as amended, even if the
subsidiary imprisonment is served for non-
payment of fines, this pecuniary liability of the
defendant is not extinguished.

While amnesty wipes out all traces and
vestiges of the crime, it does not extinguish
the civil liability of the offender. A pardon shall
in no case exempt the culprit from the
payment of the civil indemnity imposed upon
him by the sentence.

Probation affects only the criminal aspect of
the crime.




BOOK II




TITLE ONE
CRIMES AGAINST NATIONAL SECURITY

AND THE LAW OF NATIONS



Section 1 – Treason and Espionage

ART 114. TREASON

ELEMENTS:
1. Offender is a Filipino citizen or an alien

resident;
2. There’s a war in and Philippines is

involved; and
3. Offender either –

a. Levies war against the
government; or

b. Adheres to enemies, giving aid or
comfort.





NOTES:
Treason – breach of allegiance to the

government by a person who owes
allegiance to it.

Allegiance – obligation of fidelity and
obedience which individuals owe to the
government under which they live or to their
sovereign, in return for protection they
receive

Treason is a war crime - punished by state
as a measure of self-protection

Committed in times of war (not peace)
when

- there is actual hostilities
- no need for a declaration of war.

Mere acceptance of public office and
discharge of official duties under the enemy
do not constitute per se the felony of treason.
But when the position is policy-determining,
the acceptance of public office and the
discharge of official duties constitute treason.



PERSONS LIABLE:

1. Filipino – permanent allegiance; can commit
treason anywhere

2. Alien Residing – temporary allegiance;
commit treason only while residing in
Philippines


NOTES:

Treason committed in a foreign country may
be prosecuted in the Philippines. (Art.2,
RPC)

Treason by an alien must be committed in
the Philippines. (EO 44).



WAYS TO COMMIT TREASON:

1. Levying war against government - requires:
a. Actual assembling of men
b. Purpose of executing a treasonable

design, by force
2. Adheres to enemies – following must

concur together:
a. Actual adherence
b. Give aid or comfort


NOTES:

Levying war - must be with intent to
overthrow the government as such, not
merely to repeal a particular statute or to
resist a particular officer.

Not necessary that those attempting to
overthrow the government by force of arms

ART. 113: OBLIGATION TO SATISFY CIVIL
LIABILITY

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4. That his superior disapproves the
suspension of the execution of the order; and

5. That the offender disobeys his superior
despite the disapproval of the suspension.


A public officer is not liable if the order of the

superior is illegal.



ARTICLE 233. REFUSAL OF ASSISTANCE.

ELEMENTS:

1. That the offender is a public officer;
2. That a competent authority demands from

the offender that he lend his cooperation
towards the administration of justice or other
public service; and

3. That the offender fails to do so maliciously.


This felony involves a request from one
public officer to another.

Damage to the public interest or third party is
essential.

Demand is necessary.
Demand must be from competent authority




ARTICLE 234. REFUSAL TO DISCHARGE
ELECTIVE OFFICE.


ELEMENTS:

1. That the offender is elected by popular
election to a public office;

2. That he refuses to be sworn in or
discharge the duties of said office;

3. That there is no legal motive for such
refusal to be sworn in or to discharge the
duties of said office.


If the elected person is disqualified, his

refusal to be sworn in or to discharge the
duties of the office is justified.

Refusal to discharge the duties of an
appointive office is not covered by this
article.



ARTICLE 235. MALTREATMENT OF PRISONERS.

ELEMENTS:

1. That the offender is a public officer or
employee;

2. That he has charge of a prisoner or
detention prisoner (otherwise the crime is
physical injuries); and

3. That he maltreats such prisoner in either of
the following manners:
a. by overdoing himself in the correction or

handling of a prisoner or detention
prisoner under his charge either –

i. by the imposition of punishments
not authorized by the regulations,
or

ii. by inflicting such punishments
(those authorized) in a cruel and
humiliating manner, or

b. by maltreating such prisoner to extort a
confession or to obtain some
information from the prisoner.


The public officer must have actual charge of the
prisoner in order to be held liable (not merely by
legal fiction)

1. Offended party: Convict by final judgment or
detention prisoner
To be considered a detention prisoner,

the person arrested must be placed in jail
even for just a short time.

Maltreatment not due to personal grudge.

2. Offender may also be held liable for

physical injuries or damage caused.
(Penalty provided in Article 235 is imposed in
addition to penalty for injury or damage
caused)




ARTICLE 236. ANTICIPATION OF DUTIES OF A
PUBLIC OFFICE.



ELEMENTS:
1. That the offender is entitled to hold a public

office or employment, either by election or
appointment;

2. That the law requires that he should first be
sworn in and/or should first give a bond;

3. That he assumes the performance of the
duties and powers of such office; and

4. That he has not taken his oath of office
and/or given the bond required by law.



ARTICLE 237. PROLONGING PERFORMANCE OF

DUTIES AND POWERS.


ELEMENTS:
1. That the offender is holding a public office;

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2. That the period provided by law, regulations
or special provisions for holding such office
has already expired; and

3. That he continues to exercise the duties
and powers of such office.


The article contemplates officers who have been

suspended, separated, declared over-aged
or dismissed

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