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Criminal law 1 notesThe Revised Penal Code: Luis Reyes

Alexandra V. Khadka

Criminal law Articles 1 -5 June 18, 2012

Criminal law Branch or division which defines crimes, treats of their natures, and provides for their punishment Crime

o Is an act committed or omitted in violation of a public law forbidding or commanding it. Sources

o The revised penal code and its amendmentso Special Penal laws passed by the Philippine commission, Philippine assembly, Philippine

legislature, national assembly, the congress of the Philippines and the batansang pambansao Penal presidential decrees issued during martial law

No common law crimes in the Philippines Court decisions are not sources of criminal law because they merely explain the meaning of, and

apply, the law as enacted by the legislative branch of the government The state has the authority, under its police power, to define and punish crimes and to law down the

rules of procedure Have a large measure of discretion in creating and defining criminal offense. The right of prosecution and punishment for a crime is one of the attributes that by a natural law

belongs to the sovereign power, instinctively charged by the common will of the member of societyto look after, guard and defend the interests of the community, the individual and social rights andthe liberties of every citizen and the guaranty of the exercise of his rights

Limitations on the power of the lawmaking body to enact penal legislationThe bill of rights of 1987

No ex post facto law or bill of attainder shall be enacted (Art. 3, sec. 22)o Bill of attainder- a legislative act which inflicts punishment without trial. Its essence is the

substitution of legislative act for a judicial determination of guilt o Prohibits the passage of retroactive laws which are prejudicial to the accused

Ex post facto law Makes criminal an act done after the passage of the law and which wasinnocent when done and punishes such an act.

Aggravates a crime, or makes it greater than it was, when committed. Changes the punishment and inflicts a greater punishment than the law

annexed to the crime when committed Alters the legal rules of evidence and authorizes conviction upon less or

different testimony than the law required at the time of the commission of the offense.

Assumes to regulate civil rights and remedies only, in effect imposespenalty or deprivation of a right for something which when done was lawful

Deprives a person accused of a crime some lawful protection to which hehas become entitled, such as the protection of a former conviction oracquittal, or a proclamation of amnesty.

Congress is also prohibited from passing an act which would inflict punishment without judicial trial,for that would constitute a bill of attainder.

No person shall be held to answer for a criminal offense without the due process of law (Art. 3, sec.14 (1))

o Requires that criminal laws must be of general application and must clearly define the actsand omissions punished by crime

Constitutional rights of the accusedArticle 3, bill of rights of the 1987 constitution

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1) All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicialor administrative bodies (Sec. 16)

2) No person shall be held to answer for a criminal offense without due process of law (Sec. 14 [1])3) All persons except those charged with offenses punishable by reclusion perpertua, when evidence of

guilt is strong, shall before conviction, be bailable by sufficient sureties or be release on recognizanceas may be provided by law.

a.

The right of bail shall not be impaired even when the privilege of the writ of habeas corpus issuspendedb. Excessive bail shall not be required (Sec. 13)

4) The accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to beheard by himself and counsel, to be informed of the nature and cause of the accusation against him,to have speedy, impartial, and public trial, to meet the witnesses face to face and to have compulsoryprocess to secure the attendance of witness and the production of evidence in his behalf.

a. After arraignment, trial may proceed notwithstanding the absence of the accused providedthat has been duly notified and failure to appear is unjustifiable. (sec. 14 (2))

5) No person shall be compelled to be a witness against him (Sec. 17)a. Any person under investigation for the commission of an offense shall have the right to be

informed of his right to remain silent and to have competent and independent counselpreferably of his own choice.

b.

If the person cannot afford the services of counsel, he must be provided with one.i. This right cannot be waived except in writing and in the presence of counsel.(Section 12 [1])

c. No torture, forced, violence, threat, intimidation or any other means which vitiate the freewill shall be used against him. Secret detention places, solitary, incommunicado or othersimilar forms of detention are prohibited (Section 12 [2])

d. Any confession or admission obtained in violation of this or section 17 hereof shall beinadmissible in evidence against him (sec. 12 [3])

6) Excessive fined shall not be imposed, nor curel, degrading or inhuman punishment inflicted (Sec. 19[1])

7) NO person shall be twice put in jeopardy of punishment for the same offense. If an act is punished bya law an an ordinance, conviction or acquittal under either shall constitute a bar to anotherprosecution for the same act (sec. 21)

8)

Free access to courts and quasi-judicial bodies and adequate legal assistance shall not be denied toany person by reason of poverty (sec.11)Statutory rights of the accused

1. To be presumed innocent until the contrary is proved beyond reasonable doubt 2. To be informed of the nature and cause of the accusation against him3. To be present and defend in person and by counsel at every stage of the proceedings, from

arraignment to promulgation of the judgment 4. To testify as a witness in his own behalf but subject to cross-examination on matters covered by

direct examination. His silence shall not in manner prejudice him5. TO be exempt from being compelled to be a witness against himself 6. To confront and cross-examine the witnesses against him at the trial7. To have compulsory process issued to secure the attendance of witnesses and production of other

evidence in his behalf.

8.

To have a speedy, impartial and public trial9. To appeal in all cases allowed and in the manner prescribed by law.Rights of the accused which can be waived and rights which cannot be waived

Right can be waivedo The right of the accused to confrontation and cross examinationo Personal

Rights cannot be waivedo The right of the accused to be informed of the nature and cause of the accusation against himo Involved public interest

Characteristics of Criminal law

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1) Generala. Criminal law is binding on all persons who live or sojourn in Philippines territory (art. 14, of

the civil code)i. People vs. Galacgac

ii. As a general rule, jurisdiction of civil courts is not affected by the military characterof the accused

1.

U.S vs. Sweet b. Civil courts have concurrent jurisdiction with general courts-martial over soldiers of the AFPi. Even in times of war, the civil courts, have concurrent jurisdiction with the military

courts or general courts-martial over soldier of the Philippine army., provided that in place of the commission of the crime no hostilities are in progress and civil courtsare functioning

ii. The RPC or other penal law is not applicable when a military court takes cognizanceof the case

1. When the military court takes cognizance of the case involving a personsubject to military law, the articles of war apply and not the RPC or otherpenal law

2. Members of the armed forces of the Philippines and other person subject tomilitary law, including member of the citizens armed forces geographical

units, who commit crimes or offences under the RPC, other penal laws orlocal government ordinance, regardless of whether or not civilians are co-accused, victims or offended parties which may be natural or juridicalpersons, shall be tied by the proper civil courts, except when the offenceshall be tried by court martial: provided that the president of thePhilippines maw, in the interest of justice, order or direct at any time beforearraignment that any such crimes or offenses be tried by the proper civilcourts (Sec 1, R.A no. 7055)

c. Service-connected crimes or offenses shall be limited to those defined in Article 54-70,Articles 72-92 and articles 95-97 of the commonwealth act no. 408

i. C.A no. 4081. Articles of war

a. Aritcles 54-70, articles 72-97 and articles 95-97

b.

R.A no. 7055i. It mandates service-connected crimes or offenses shall betired by court martial

ii. The prosecution of an accused before a court martial is a bar to another prosecutionfor the same offense.

1. A court martial is a court and the prosecution of an accused before it is acriminal, not an administrative case, and therefore, it would be in certainconditions, a bar to another prosecution of the accused for the sameoffense.

a. The latter would place the accused in double jeopardyb. Marcos and Concordia Vs. Chief of staff

d. Offenders accused of war crimes are triable by military commissioni. Cantos Vs. Styer

Exemptions to the general application of Criminal Law1) Treaty stipulationsa. Ex. Bases agreements

2) Law of preferential applicationa. Republic act. No. 75

i. In favor of diplomatic representatives and their domestic servants3) Persons exempt from the operation of our criminal law by virtue of principles of public international

lawa. Sovereigns and chiefs of stateb. Ambassadors, ministers plenipotentiary, ministers resident, and charges daffaires

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i. A consul is not entitled to the privileges and immunities of an ambassador orminister

1. Not entitled to the same privileges and immunities of an ambassador orminister but is subject to the laws and regulations of the country to whichhe is accredited

2. In the absence of a treaty to the contrary, a consul is not exempt from

criminal prosecution for violations of the laws of the country in which heresides.3. Does not possess the status of and cannot claim the privileges and

immunities accorded to ambassadors and minters

2. Territorial

Criminal laws undertake to punish crimes committed within Philippine territory As a rule. Penal laws of the Philippines are enforceable only within its territory. If the power to define

crimes is the power of the sovereign, it must be followed that such sovereign can only exercise suchpower within its jurisdiction/territory.

o 1. Territoryo 2. Atmosphereo

3. Interioro 4. Maritime zone Archipelago

o All the islands and waters embraced therein and all the territories over which thePhilippines has sovereignty or jurisdiction, consisting of the sea bed, sub soil, the insularshelves and other submarine areas. The waters around, between and connecting the islandsof the archipelago, regardless of their breadth and dimensions, form part of the internatlwaters of the Philippines.

Exceptionso Should commit the offence while on a Philippine ship or airshipo Should forge or counterfeit any coin, currency, note of the Philippines or obligations and

securities issued by the government of the Philippineso Should be liable for acts connected with the introduction in the Philippines of the obligations

and securities mentioned in the preceding numbero While being public officers or employees, should commit an offense in the exercise of theirfunctions

o Should commit any of the crimes against national security and the law of nations, defined inthe title one of book two of the RPC

3. Prospective

A penal law cannot make an act punishable in a manner in which it was not punishable when committed. Article 366 of the RPC

o Crimes are punished under the laws in force at the time of their commission Exceptions

o Whenever a new statute dealing with crime established more lenient or favorable to theaccused, it can be given a retroactive effect

But this exception has no application Where the new law is expressly made inapplicable to pending actions or

existing causes of actionso Tavera V. Valdes

Where the offender is a habitual criminal under rule 5, article 62, RPC (Art 22, RPC)

Different effect of the repeal on penal law The repeal makes the penalty lighter in the new law, the new law shall be applied, except when the

offender is a habitual delinquent or when the new law is made not applicable to pending action orexisting causes of action.

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If the new law imposes a heavier penalty, the law in force at the time of the commission of the offenseshall be applied

If the new law totally repeals the existing law so that the act which was penalized under the old law isno longer punishable, the crime is obliterated

o People Vs. Tamayo When repeal is absolute, the offense ceases to be criminal

When the new law and the old law penalize the same offenses the offender can be tied under the oldlaw When the repealing law fails to penalize the offense under the old law, the accused cannot be

convicted under the new law A person erroneously accused and convicted under a repealed statute maybe punished under

repealing statue A new law which omits anything contained in the old law dealing on the same subject, operate as a

repeal of anything not so included in the amendatory act Self- repealing law

Construction of penal law

1) Penal laws are strictly construed against the government and liberally in favor of the accused

a.

The rule that penal statutes should be strictly construed against the state may be invokedonly where there is ambiguous and there is doubt as to its interpretation.b. Where the law is clear and unambiguous, there is no room for the application of the rule

2) In the construction or interpretation of the provisions of the RPC, the Spanish text is controllingbecause it was approved by the legislature in its Spanish text

Article 1: Time when act takes effect

This code shall take effect on the first day of January, nineteen hundred and thirty two

1) Classical viewa. This RPC like the old penal code, to be based on the principles of the old or classical schoolb. Characteristics

i.

The basis of criminal liability is human free will and the purpose of the penalty of retributionii. That man is essentially a moral creature with an absolute free will to choose

between good and even, thereby placing more stress upon the effect or result of thefelonious act than upon the man, the criminal himself

iii. It has endeavored to establish a mechanical and direct proportion between crimeand penalty

iv. There is scant regard to the human element 2) Positivist theory

a. Characteristicsi. That man is subdued occasionally by a strange or morbid phenomenon which

constrains him to do wrong, in spite of or contrary to his volitionii. That crimes is essentially a social and natural phenomenon and as such, it cannot be

treated and checked by the application of abstract principles of law andjurisprudence nor by the imposition of punishment, fixed and determined a priori;but rather through the enforcement of individual measure in each particular caseafter a thorough, personal and individual investigation conducted by a competent body of psychiatrists and social scientists.

Article two: Application of its provisions

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Except as provided in the treaties and laws of pref erential application, the provisions of this code shall beenforced not only within the Philippine archipelago, including its atmosphere, its interior waters andmaritime zone, but also outside jurisdiction against who:

o Should commit the offence while on a Philippine ship or airshipo Should forge or counterfeit any coin, currency, note of the Philippines or obligations and

securities issued by the government of the Philippineso Should be liable for acts connected with the introduction in the Philippines of the obligationsand securities mentioned in the preceding number

o While being public officers or employees, should commit an offense in the exercise of theirfunctions

o Should commit any of the crimes against national security and the law of nations, defined inthe title one of book two of the RPC

Important words and phrases

1) Except as provided in the treaties and laws of preferential application a. That while general rule is that provisions of the RPC shall be enforce against any person who

violates any of its provisions while living or sojourning in the Philippines, the exceptions to

that rule may be provided by the treaties and laws of preferential application.2) Its atmosphere a. Extended to all the air space which covers its territoryb. Subject to the right of way or easement in favor of foreign aircraft

3) Interior waters a. Includes creeks, rivers, lakes, bays, gulfs, straights, coves, inlets, and roadsteads

i. Within the three-mile limit 4) Maritime Zone

a. The states by means of treaties have fixed length to three miles from the coastline, startingfrom the low water mark

b. It includes bays, gulfs, adjacent parts of the sea or recesses in the coastline whose width at their entrance is not more than twelve miles measure in a straight line from headland toheadland and all straits less than six miles wide

Foreign vessels

1) Extension of our territory2) Also considered the extension of the territory of other state

An offense committed in high seas on board a foreign merchant vessel is not triable in our courtsRules as to jurisdiction over crimes committed aboard foreign merchant vessels

1) French Rule such crimes are not triable in the courts of that country, unless their commission affectsthe peace and security of the territory or the safety of the state is endangered. French courts thereforeclaim exclusive jurisdiction over crimes committed on board French merchant vessels in foreign ports byone member of the crew against another.

a. (US vs. Bull)2) English Rule The English only exercise their jurisdiction on issues that involve the internal management

of vessel, otherwise, such crimes are triable in that country where they were committed. (US vs. Bull)a. Note: In the Philippines, we observe the English ruleArticle 3: Definition

Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa) There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

1) Felonies

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a. Are acts and omissions punishable by the RPCb. Elements

i. There must be an act of omissionii. That act or omission must be punishable by the RPC

iii. That the act is performed or the omission incurred by means of dolo or culpa2) Act

a.

Bodily movement tending to produce some effect in the external worldb. Being unnecessary that the same be actually produced, as the possibility of its production issufficient

c. Constituting a felony or at least, an overt act of that felony, that is, an external act which hasdirect connection with the felony intended to be committed.

d. The act must be external, because internal acts are beyond the sphere of penal lawi. A criminal though or mere intention no matter how immoral or improper it may be,

will never constitute a felony3) Omission

a. Inactioni. The failure to perform a positive duty which one is bound to do

b. Omission must be punishable by law4) Punishable by law

a.

Nullum crimen, nulla poena sine lege i. There is no crime where there is no law punishing it b. The phrase should be understood to mean Punished by the RPC not by special law

5) Imprudencea. If a person fails to take the necessary precaution to avoid injury to person or damage to

propertyb. Lack of skill

6) Negligencea. If a person fails to pay proper attention and to use due diligence in foreseeing the injury or

damage impending to be causeb. Lack of foresight

Classification of felonies

1) Intentional feloniesa. Offender is maliciousb. With deliberate intent c. Has the intention to causes an injury to anotherd. Dolo

i. Maliceii. The intention to do an injury to the person, property or right of another, such

offender acts with maliseiii. If the act of omission is punished by the RPC, he is liable for intentional felonyiv. Requisites for dolo

1. He must have the freedom while doing an act or omitting to do an act a. When a person acts without freedom, he is no longer a human

being but a toolb. His liability is as much as that of the knife that wounds , or thetorch that sets fire

c. A person who acts under the compulsion of an irresistible force isexempt from criminal liability

2. He must have intelligence while doing the act of omitting to do an act a. Without this power, necessary to determine the morality of human

acts, no crime can exist b. The imbecile or the insane, and the infant under nine years of age,

as well as the minor over nine but less than fifteen years old and

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acting without discernment, have no criminal liability because theyact without intelligence

3. He must have intent while doing the act or omitting to do the act a. Intent to commit the act with malice , being purely a mental

process, is presumed and the presumption arises from the proof of the commission of an unlawful act

2)

Culpable feloniesa. Not maliciousb. Unintentionalc. The incident of another act performed without maliced. Culpa

i. Means of fault ii. Performed without malice but at the same time punishable, though in a lesser

degree and with an equal result.iii. Imprudence or negligence

3) Mistake of fact a. Mistake of fact relieves the accused from criminal liability

i. Ignorantia facti excusat b. An honest mistake of fact destroys the presumption of criminal intent which arises upon the

commission of a felonious act c. Requisitesi. That the act done would have been lawful had the facts been as the accused believed

them to beii. That the intention of the accused in performing the act should be lawful

iii. That the mistake must be without fault or carelessness on the part of the accusedd. The act done would have been lawful, had the facts been as the accused believed them to be

**** Read 53-63

Article 4: Criminal liability

Criminal liability shall be incurred:

1)

By any person committing a felony although the wrongful act done be different from that which heintendeda. A person committing a felony is criminally liable although the consequences of the felonious

act are not intended by him.b. El que de la cuasa es cause del mall causado

i. He who is the case of the cause is the cause of the evil causesd. 2) By any person performing an act which would be an offense against persons, or property, were it not

for the inherent impossibility of its accomplishment or on account of the employment of inadequateor ineffectual means

Application1) Criminal liability is incurred by any person in the cases mentioned in the two paragraphs of article 42) This article has no reference to the manner criminal liability is incurred3) Article 3- performing or failing to do an act, when either is punished by law, by means of deceit or

fault 4) One who commits an intentional felony is responsible for all the consequences which may naturallyand logically result therefrom, whether foreseen or intended or not

When a person commits a felony with malice, he intends the consequences of his felonious act.o But there are cases where the consequence of the felonious act of the offender are not

intended by him The wrongful act done is different from that which he intended

Important words

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1) Committing a felony a. Not merely by performing an act

i. It is also an act of omission punishable by the RPCb. Dolo with malicec. Wrongful acts results from imprudence, negligence, lack of foresight and lack of skill of the

offender, his liability should be determined under article 365, which defines and penalizes

criminal negligenced. The act or omission should not be punished by a special law, because the offender isviolating a special law may not have the intent to do an injury to another.

i. The wrongful act done could not be different, as the offender did not intend to doany other injury

e. When person has not committed a felony, he is not criminally liable for the result which isnot intended

2) Although wrongful act done be different from that which he intended a. Mistake in identity still liableb. Mistake in the blow still liablec. The act exceeds the intent, that is, the injurious result is greater than that intended still

liable even if there is a difference in the intentioni. Requisites

1.

That an intentional felony has been committeda. No felony is committed is not punishable by the revised penal codeb. When the act is covered by any of the justifying circumstance

enumerated by article 112. That the wrong done to the aggrieved party be direct, natural, logical

consequence of the felony committed by the offenderii.

d. Any person who creates in anot hers mind an immediate sense of danger, which causes thelatter to do something resulting in the latters injuries, is liable for resulting injuries

e. Wrong done must be the direct, natural and logical consequence of felonious act i. It is an established rule that a person is criminally responsible for acts committed by

him in violation of the law, and for all the natural and logical consequences resultingtherefrom.

1.

Naturala. To an occurrence in the ordinary course of human life2. Logical

a. There is a rational connection between the act of the accused andthe resulting injury or damage

3. People vs. Reloj4. US Vs. Marasigan5. People vs. Quianson

f. The felony committed must be the proximate cause of the resulting injuryi. Proximate cause

1. That cause, which, in natural and continuous sequence, unbroken by the anyintervening cause, produces the injury, and without which the result wouldnot have occurred

2.

Is that acting first and producing the injury , either immediately or by settingother event in motion, all constituting a natural and continuous chain of events in motion, each having a close causal connection with it immediatepredecessor.

ii. When it is not a proximate cause1. There is an active force that intervened between the felony committed and

the resulting injury. And the active force is a distinct act or fact absolutelyforeign from the felonious act of the accused o

2. The resulting injury is due to the intentional act of the victimiii. Cause and effect

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1. The cause being the felonious act of the offended2. The effect being the resultant injuries and /or death of the victim3. The cause-effect relationship is not altered or change because of pre-existing

conditionsa. Pathological condition of the victim (las condiciones patologica del

lesionado)

b.

The predisposition of the offended party (la constitucion fisica delherido)iv. Not efficient intervening causes (do no break the relation of cause and effect)

1. The weak or diseased physical condition of the victim2. The nervousness or temperament of the victim3. Causes which are inherent to the victim4. Neglect of the victim or third person

a. Refusal of medical attendance and surgical operation5. Erroneous or unskillful medical or surgical treatment

g. Natural consequence of physical injuries inflictedi. That the victim at the time the physical injuries were inflicted was in normal health

ii. That death may be expect from the physical injuriesiii. That death ensued within a reasonable time

h.

Not direct, natural and logical consequence of the felony committedi. If consequences produced have resulted from a distinct act or fact absolutely foreignfrom the criminal act, the offender is not responsible for such consequences

Impossible Crimes

1) The commission of an impossible crime is indicative of criminal propensity or criminal tendency onthe part of the actor. Such person is a potential criminal.

2) Requisitesa. That the act performed would be an offense against persons or propertyb. The act was done with evil intent c. That is accomplishment is inherently impossible, or that the means employed is either

inadequate or ineffectual

d.

That the act performed should not constitute a violation of another provision of the RPCImportant words (Article 2)

1) Performing an act which would be an offense against persons or propertya. The act performed would have been against persons or property

i. Felonies against property1. Parricide2. Murder3. Homicide4. Infanticide5. Abortion6. Duel

7.

Physical injuries8. Rapeb. Felonies against property

i. Robberyii. Brigandage

iii. Theft iv. Usurpationv. Culpable insolvency

vi. Swindling and other decietsvii. Chattel mortgage

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viii. Arson and other crimes involving destructionix. Malicious mischief

c. That the act was done with evil intent 2) Were it not for the inherent impossibility of its accomplished or on an account of inadequate or

ineffectual means a. In impossible crime, the act performed by the offender cannot product an offense against

persons or propertyi. The commission of the offense is inherently impossible of accomplishment 1. The act intended by the offender is by nature one of impossible

accomplishment a. Would be an offense against personsb. Would be an offense against property

ii. The means employed is either inadequate or ineffectualb. Purpose of the law punishing an impossible crime

i. To suppress criminal propensity or criminal tendencies.

Article 5: Duty of the court in connection with acts which should be repressed but which are not covered bythe law and in cases of excessive penalties

Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision and shall report to the chief executive, through the DOJ,the reasons which induce the court to believe that said act should be made the subject of penal legislation.

In the same, the court shall submit to the chief executive, through the DOH, such statement as may be deemedproper; without suspending the execution of sentence, when a strict enforcement of the provisions of thiscode would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injur y caused by the offense

1) The first paragrapha. Contemplates a trial of a criminal case

i. The act committed by the accused appears not to be punishable by any lawii. But the court deems it proper to repress such act

iii.

In that case, the court must render the proper decision by dismissing the case andacquitting the accusediv. The judge must then make a report to the Chief executive through the secretary of

justice, stating the reasons which induce him to believe that the said act should bemade the subject of penal legislation

b. Basisi. Nullem Crimen, nulla poena sine lege

1. No crime if there is no law that punishes the act 2) Second paragraph

a. Requirementsi. The court after trial finds the accused guilty

ii. The penalty provided by law and wchih the court imposes for the crime committedappears to be clearly excessive

1.

The accused acted with lesser degree of malice2. There is no injury or the injury caused is of lesser gravityiii. The court should not suspend the execution of the sentenceiv. The judge should submit a statement to the chief executive through the secretary of

justice, recommending executive clemency

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