Criminal Law 1

Preliminary Title Date of

Effectiveness and application of
the Provisions of this Code
Article 2 Application of its
Provisions
1. Bribery in California. Where to file?
Where the embassy of the host
country is located.
2. If performing his task, Philippine
courts will have jurisdiction.
3. Warship Rule A warship of another
country, even though docked in the
Philippines, is considered an extension
of the territory of its respective
country.
This
also
applies
to
embassies.
4. Under Absolute theory, if the crime is
committed in an aircraft, no matter
how high, as long as it can be
established that it is within the
Philippine
atmosphere,
Philippine
criminal law (See Anti- Hijacking Law)
will govern.
5. Par. 5: Commit any of the crimes
against national security and the law of
nations, (Title One, Book 2, RPC)
Crimes against national security:
(i) Treason (A.114)
(ii) Conspiracy and proposal to commit
treason(A.115)
(iii) Misprision of treason (A.116)
(iv) Espionage (A.117)
Crimes against the law of nations:
(i) Inciting to war or giving motives for
reprisals (A.118)
(ii) Violation of neutrality (A.119)
(iii)
Correspondence
with
hostile
country (A.120)
(iv) Flight to enemys country (A.121)
(v) Piracy in general and mutiny on the
high seas or in Philippine waters
(A.122)

Note:
Crimes
against
public
order
(e.g.,rebellion,
coup detat, sedition) committed abroad is
under the jurisdiction of the host country.
Terrorism is now classified as a crime
against
national security and the law of nations.
(See R.A. 9372, Human Security Act of
2007).

Article 3 - Definitions
1. Intentional
Felony
(dolo)
Intelligence,
Criminal
Intent,
Freedom. (Art.3)
Culpable Felony (culpa) Freedom,
Intelligence, negligence, lack of
foresight, or lack of skill.
2. Doctrine Of Last Clear Chance
(a) The contributory negligence
of the party injured will NOT defeat
the action if it be shown that the
accused might, by the exercise of
reasonable care and prudence,
have avoided the consequences of
the negligence of the injured party.
(b) Last Clear Chance is a
defense by the
defendant in a damage suit against
liability by transferring it to the
plaintiff.
(c) Except: The doctrine is not
applicable
in
criminal
cases
because the liability is penal in
nature and thus liability cannot be
transferred to the other party.
[Anuran v. Buno (1966)]
(d) It is not a case between two
parties involved in an incident but
rather between an individual and
the State.
Article 4 Criminal Liability
1. Impossible
Crime
murder. J.Sandoval

to

commit

2. Ginising yung patay, nalaman

patay na, binaril pa rin. No
Impossible crime because no
criminal intent to kill knowing that
the victim is already dead.
3. A commission of the felony is
deemed commenced when the
following are present:
(1) There are external acts.
(2) Such external acts have a direct
connection with the crime intended
to be committed.
Article
6

Consummated,
Frustrated
and
Attempted
Felonies
1. Last rung of the ladder or still
within the fences, it is still part of
the
house,
hence,
frustrated
robbery with force upon things.
2. Penis, although it touched the
vagina, should be capable of
penetration
for
it
to
be
consummated rape, thus, only
attempted rape. There is no actual
bombardment of the draw bridge
which will cause the downfall of the
castle.
3. Where entry into the labia has not
been
established,
the
crime
amounts to an attempted rape.
4. Indeterminate Offense It is one
where the purpose of the offender
in performing an act is not certain.
5. Note: Desistance is true only in the
attempted stage of the felony.
Article
8
Conspiracy
proposal to commit a crime

and

1. Conspiracy and proposal to commit

a crime are only preparatory acts
and the law regards them as
innocent or at least permissible

except
cases.

in

rare

and

exceptional

2. Conspiracy to commit (a) Treason (Art. 115)

(b) Rebellion (Art. 136)
(c) Insurrection (Art. 136)
(d) Coup dtat, (Art. 136)
(e) Sedition (Art. 141)
(f) Monopolies and combinations in
restraint of trade, espionage (Art. 186)
(g) Illegal association (Art. 147)
(h) Highway Robbery (P.D. 532)
(i) Espionage (Sec. 3, C.A. 616)
(j) Selected acts under the Dangerous
Drugs Acts
(k) Arson
(l) Terrorism (R.A. 9372)
Proposal to commit
(a) Treason (Art. 115)
(b) Coup d etat (Art. 136)
(c) Rebellion (Art. 136)
(d) Inducement not to answer
summons, appear or be sworn in
Congress, etc. (Art. 150)
Article 11 Justifying Circumstances
1. SIX TYPES of Justifying Circumstances:
(1) Self defense
(2) Defense of relatives
(3) Defense of strangers
(4) Avoidance of a greater evil
(5) Fulfilment of duty
(6) Obedience to an order issued for
some lawful purpose.

2. She is justified in using the

pocketknife in repelling what she
believed to be an attack upon her
honor. It was a dark night and she
could not have identified Rivera.
There being no other means of self
defense. (defense of honor)
3. Although the defense of ones
honor exempts one from criminal
liability, it must be proved that
there is actual danger of being
raped.

4. The evil sought to be avoided is

merely expected or anticipated. So
the defense of an uncontrollable
fear of a greater injury is not
applicable. Ty could have taken
advantage of an available option to
avoid committing a crime. By her
own admission, she had the choice
to give jewelry or other forms of
security instead of post-dated
checks to secure her obligation.
Moreover, for the defense of state
of necessity to be availing, the
greater injury feared should not
have been brought about by the
negligence or imprudence, more
so, the wilful inaction of the actor.
In this case, the issuance of the
bounced checks was brought about
by Ty's own failure to pay her
mother's hospital bills. (State of
necessity)
5. The killing was done in the
performance of a duty. The
deceased was under the obligation
to surrender and had no right, after
evading service of his sentence, to
commit assault and disobedience
with a weapon in his hand, which
compelled the policeman to resort
to such extreme means, which,
although it proved to be fatal, was
justified by the circumstance.
(Fulfilment of Duty or Lawful
Exercise of Right or Office)
6. A subordinate is not liable for
carrying out an
illegal order of his superior if he is
not aware of the illegality of the
order and he is not negligent.
(Obedience to an order issued for
some lawful purpose)
Article
12
Circumstances
1.

SIX
TYPES
Circumstances:

Exempting
of

Exempting

(1)
(2)
(3)
(4)
(5)
(6)

Imbecility/Insanity
Minority
Accident
Compulsion of irresistible force
Impulse of uncontrollable fear
Insuperable or lawful cause

2. Cases covered under this article:

(1) Dementia praecox
Note: Cited in OLD cases, but is a
term no longer used by mental
health practitioners
(2) Kleptomania: if found by a
competent
psychiatrist as irresistible;
(3) Epilepsy
(4)
Somnambulism:
sleepwalking(People vs. Taneo)
(5)
Malignant
malaria:
which
affects the nervous system
3. To be exempt from criminal liability,
a person invoking irresistible force
must show that the force exerted
was such that it reduced him to a
mere instrument who acted not
only without will but against his
will. [People v. Lising (1998)]
4. The venue in P.D. 1612, is where
the stolen article is sold or bought.
5. People v. Bandian (1936):A woman
cannot be held liable for infanticide
when she left her new-born child in
the bushes without being aware
that she had given birth at all.
Severe dizziness and extreme
debility
made
it
physically
impossible for Bandian to take
home the child plus the assertion
that she didnt know that she had
given birth.
Article
13
Circumstances
1. TWELVE
TYPES
Circumstances:

Mitigating
of

Mitigating

(1) Incomplete Justification and

Exemption
(2) Under 18 or Over 70 years of
age
(3) No intention to commit so grave
a wrong
(4) Sufficient Provocation or Threat
(5) Immediate vindication of a
grave offense
(6) Passion or obfuscation
(7) Voluntary surrender
(8) Voluntary plea of guilt
(9) Plea to a lower offense
(10) Physical defect
(11) Illness
(12) Analogous Circumstances
2. TIP: The common set-up given in a
bar problem is that of provocation
given by somebody against whom
the
person
provoked
cannot
retaliate; thus the person provoked
retaliated on a younger brother or
on the father. Although in fact,
there is sufficient provocation, it is
not mitigating because the one
who gave the provocation is not
the one against whom the crime
was committed.
3. Grave coercion if wife compels
husband
to
have
sexual
intercourse. To do something
against his will whether right or
wrong.
4. People v. Javier (1999): Javier was
married to the deceased for 41
years. He killed the deceased and
then stabbed himself in the
abdomen. Javier was found guilty of
parricide. In his appeal, he claims
that he killed his wife because he
was suffering from insomnia for a
month and at the time of the
killing, his mind went totally blank
and he did not know what he was
doing. He also claims that he was
insane then.

Held: No sufficient evidence or

medical finding was offered to
support his claim. The court also
took note of the fact that the
defense, during the trial, never
alleged
the
mitigating
circumstance of illness. The alleged
mitigating circumstance was a
mere afterthought to lessen the
criminal liability of the accused.
(Par. 9 illness)
5. As long the accused knows him to
be a person of authority he should
be credited to surrendering to a
person of authority.
6. Par. 10. Analogous Mitigating
Circumstances
Any other circumstance of similar
nature and
Analogous to the nine mitigating
circumstances enumerated in art.
513 may be mitigating.
(1) The act of the offender of
leading the law
enforcers to the place where he
buried the
instrument of the crime has been
considered
as
equivalent
to
voluntary surrender.
(2) Stealing by a person who is
driven to do so out of extreme
poverty is considered as analogous
to incomplete state of necessity.
(3) Over 60 years old with failing
sight, similar to over 70 years of
age mentioned in par. 2. (People v.
Reantillo).
(4) Voluntary restitution of stolen
goods
similar
to
voluntary
surrender (People v. Luntao).
(5) Impulse of jealous feelings,
similar to passion and obfuscation.
(People v. Libria).
(6) Extreme poverty and necessity,
similar to incomplete justification
based on state of necessity. (People
v. Macbul).

(7) Testifying for the prosecution,

without
previous
discharge,
analogous to a plea of guilty.
(People v. Narvasca).
7. Whether by fear or remorse as long
as spontaneous he is entitled to
mitigating
circumstance
of
voluntary
surrender.
Further,
surrender should be the person not
merely the arms used for the
crime.
8. If a person is deaf and dumb and
he has been
slandered, he cannot talk so what
he did was he got a piece of wood
and struck the fellow on the head.
The crime committed was physical
injuries. The Supreme Court held
that being a deaf and dumb is
mitigating because the only way is
to use his force because he cannot
strike back in any other way.
(physical defects)
9. Klepto
is
only
mitigating
circumstance. J.Sandoval
Article
14
Circumstances

Aggravating

1. 21
Aggravating
Circumstances
under Art. 14:
(1) Taking Advantage of Public
Office
(2) In Contempt of or With Insult to
Public
Authorities
(3) With Insult or Lack of Regard
Due to Offended Party by Reason of
Rank, Age or Sex
(4) Abuse Of Confidence And
Obvious Ungratefulness
(5) Crime In Palace Or In Presence
Of The Chief Executive
(6) Nighttime; Uninhabited Place;
With A Band
(7) On Occasion Of A Calamity

(8) Aid Of Armed Men Or Means To

Ensure Impunity
(9) Recidivism
(10) Reiteration or Habituality
(11) Price, Reward Or Promise
(must be the main consideration)
(12)
Inundation,
Fire,
Poison
(purpose must be to kill)
(13) Evident Premeditation
(14) Craft, Fraud Or Disguise
(15) Superior Strength Or Means To
Weaken Defense
(16) Treachery
(17) Ignominy (Moral)
(18) Unlawful Entry
(19) Breaking Wall, Floor, Roof
(must be used for entrance)
(20) With Aid Of Persons Under 15
By Motor Vehicle
(21) Cruelty.(Physical)
2. People v. Rodil (1981):There is the
aggravating circumstance that the
crime was committed in contempt
of or with insult to public
authorities when the chief of police
was present when the incident
occurred. The chief of police should
be considered a public authority
because he is vested with authority
to maintain peace and order over
the entire municipality.
3. People
vs.
Taoan:
Teachers,
professors, supervisors of public
and
duly
recognized
private
schools, colleges and universities,
as well as lawyers are persons in
authority for purposes of direct
assault and simple resistance, but
not for purposes of aggravating
circumstances in paragraph 2,
Article 14.
4. People v. Arrojado (2001):For the
aggravating circumstance of abuse
of confidence to exist, it is essential
to show that the confidence
between the parties must be
immediate and personal such as

would give the accused some

advantage or make it easier for him
to commit the criminal act. The
confidence must be a means of
facilitating the commission of the
crime, the culprit taking advantage
of the offended party's belief that
the former would not abuse said
confidence.
5. People v. Biso (2003): Dario, a
black belt in karate, entered an
eatery, seated himself beside
Teresita and made sexual advances
to her in the presence of her
brother,
Eduardo.
Eduardo
contacted his cousin, Biso, an exconvict and a known toughie in the
area, and related to him what Dario
had done to Teresita. Eduardo and
Pio, and 2 others decided to
confront Dario. They positioned
themselves in the alley near the
house of Dario. When Dario arrived
on board a taxicab, the four
assaulted Dario. Eduardo held, with
his right hand, the wrist of Dario
and covered the mouth of Dario
with his left hand. The 2 others
held Dario's right hand and hair. Pio
then stabbed Dario near the breast
with a fan knife. Eduardo stabbed
Dario and fled with his three
companions from the scene.
Held: There was no evident
premeditation. The prosecution
failed to prove that the four
intended to kill Dario and if they
did intend to kill him, the
prosecution failed to prove how the
malefactors
intended
to
consummate the crime. Except for
the fact that the appellant and his
three companions waited in an
alley for Dario to return to his
house, the prosecution failed to

prove any overt acts on the part of

the appellant and his cohorts
showing that that they had clung to
any plan to kill the victim.
6. If court session is suspended, no
aggravating circumstance.
7. Finally, to appreciate the qualifying
circumstance of abuse of superior
strength,
what
should
be
considered
is
whether
the
aggressors took advantage of their
combined strength in order to
consummate the offense. To take
advantage of superior strength
means to purposely use excessive
force out of proportion to the
means available to the person
attacked to defend himself.
8. Treachery absorbs:
(1) Abuse of superior strength (U.S. v.
Estopia)
(2) Use of means to weaken the
defense (People v.Siatong)
(3) Aid of armed men (People v.
Ferrera)
(4) Nighttime (People v. Kintuan)
(5) Craft (People v. Malig)
(6) By a band (People v. Ampo-an)

9. To
consider
night-time,
the
commencement and the ending of
the offense should be within the
period of night-time. J.Sandoval
10.People v. Alfanta (1999): There was
ignominy because the accused not
only used missionary position but
also the same position as dogs
do. He also inserted his finger
inside her. Although the dog
position is not novel and often
been used by couples, there is
ignominy if the sexual act is

performed
parties.

not

by

consenting

15.Treachery is appreciated only in

crimes against person. J.Sandoval

11.For ignominy to be appreciated, it

is required that the offense be
committed in a manner that tends
to make its effect more humiliating,
thus adding to the victim's moral
suffering. Where the victim was
already dead when his body or a
part thereof was dismembered,
ignominy cannot be taken against
the accused. In this case, the
information states that Victorino's
sexual organ was severed after he
was shot and there is no allegation
that it was done to add
ignominy to the natural effects of
the act. We cannot, therefore,
consider
ignominy
as
an
aggravating circumstance.

16.No token of defense if top of a tree,

hence, there is treachery. J.
Sandoval

12.Ignominy was appreciated in a case

where a woman was raped in the
presence of her betrothed, or of her
husband, or was made to exhibit to
the rapists her complete nakedness
before they raped her.
13.For cruelty to exist there must be
proof showing that the accused
delighted in making their victim
suffer slowly and gradually, causing
him unnecessary physical and
moral pain in the consummation of
the criminal act. No proof was
presented that would show that
accused-appellants
deliberately
and wantonly augmented the
suffering of their victim.
14.No cruelty is to be appreciated
where the act constituting the
alleged cruelty in the killing was
perpetrated when the victim was
already dead.

17.As rule treachery must be present

at the beginning, however, if there
is a lull in the attack, it is sufficient
that treachery was employed to
deliver the final blow. J.Sandoval
Title Two Persons Criminally Liable
for Felonies
Article 17 Principals
1. What are the effects of acquittal of
principal by direct participation
upon the liability of principal by
inducement? Conspiracy is negated
by the acquittal of co-defendant.
2. While in the course of a quarrel, a
person shouted to A, Kill him! Kill
him! A killed the other person. Is
the person who shouted criminally
liable? Is that inducement? No. The
shouting must be an irresistible
force for the one shouting to be
liable.
3. Note: Even if only two of the
principals guilty of murder are the
brothers of the accessory and the
others are not related to him, such
accessory is exempt from criminal
liability.
4. There
must
be
relationship
between the crime and the act of
lending the weapon, since the gun
was not used, the lender is not
liable
as
an
accomplice.

J.Sandoval

Complex Crimes
Special Complex Crimes
(a) Robbery with Homicide (Art. 294 (1))
(b) Robbery with Rape (Art. 294 (2))
(c) Robbery with Arson
(d) Kidnapping with serious physical
injuries (Art.
267 (3))
(e) Kidnapping with rape
(f) Rape with Homicide (Art. 335)
(g) Arson with homicide
When crimes involved cannot be
legally complexed:
(1) Malicious obtention or abusive service
of search
warrant (Art. 129) with perjury;

(2) Bribery (Art. 210) with infidelity in the

custody of
prisoners;
(3) Maltreatment of prisoners (Art. 235)
with serious
physical injuries;
(4) Usurpation of real rights (Art. 312) with
serious
physical injuries; and
(5) Abandonment of persons in danger
(Art. 275)
and crimes against minors (Art. 276 to
278) with
any other felony.
1. Continued crime series of acts.

Ex. Multiple thefts, multiple estafas.