2019 BOC Criminal Law Reviewer.pdf - TABLE OF CONTENTS 6 CRIMINAL LAW I 1 I REVISED PENAL CODE(RPC BOOK I 2 A Fundamental and General Principles In

2019 BOC Criminal Law Reviewer.pdf - TABLE OF CONTENTS 6...

This preview shows page 1 out of 314 pages.

Unformatted text preview: TABLE OF CONTENTS 6. CRIMINAL LAW I ......................................... 1 I. REVISED PENAL CODE (RPC) BOOK I .... 2 A. Fundamental and General Principles In Criminal Law ................................................... 2 1. Mala in Se and Mala Prohibita .............. 2 2. Suppletory Application of RPC to Special Laws 3 3. Construction of Penal Laws ................. 4 4. Applicability and Effectivity of the Penal Code 4 5. Repeal and Amendment ........................ 8 B. Constitutional Limitations on the Power of Congress to Enact Penal Laws ..................... 9 1. No Ex Post Facto Law or Bill of Attainder 9 2. Equal Protection 9 3. Due Process 9 4. Cruel or Inhuman Punishment ............ 9 C. FELONIES ................................................... 10 1. Felonies and Criminal Liability........... 10 2. Circumstances Affecting Criminal Liability 25 3. Persons Liable and Degree of Participation 72 D. PENALTIES................................................. 88 Principles 88 1. 88 2. Classification 89 3. Duration and Effects ........................... 90 4. Application 95 5. Graduation of Penalties ....................... 99 6. Accessory Penalties ............................ 101 7. Computation of Penalties.................. 104 8. Special Rules 106 9. Execution and Service of Penalties . 107 10. Suspension in Case of Insanity or Minority 115 E. Criminal and Civil Liabilities .................... 117 1. Extinction of Criminal Liabilities..... 117 2. Civil Liabilities in Criminal Cases .... 121 C. D. E. F. G. CRIMINAL LAW II ................................... 129 II. REVISED PENAL CODE (BOOK II)........ 130 A. Title I. Crimes against National Security and the Law of Nations .................................... 130 1. Crimes against National Security ..... 130 2. Crimes against the Law of Nations . 135 B. Title II. Crimes against Fundamental Laws of the State ................................................... 140 1. Article 124 – Arbitrary Detention ... 140 2. Article 125 – Delay in the Delivery of Detained Persons to the Proper Judicial Authorities 142 3. Article 126 – Delaying Release ......... 142 4. Article 127 – Expulsion ..................... 142 5. Article 128 – Violation of Domicile 143 H. I. Article 129 – Search Warrants Maliciously Obtained, and Abuse in the Service of Those Legally Obtained .. 143 7. Article 130 – Searching Domicile without Witnesses ............................... 143 8. Article 131 – Prohibition, Interruption and Dissolution of Peaceful Meetings 144 9. Article 132 – Interruption of Religious Worship 144 10. Article 133 – Offending the Religious Feelings 145 Title III. Crimes against Public Order ..... 148 1. Chapter I: Rebellion, Coup d’etat, Sedition and Disloyalty....................... 149 2. Chapter II: Crimes against Popular Representation 153 3. Chapter III: Illegal Assemblies and Associations 154 4. Chapter IV: Assault upon and Resistance and Disobedience to, Persons in Authority and Their Agents 156 5. Chapter V: Public Disorders ............. 158 6. Chapter VI: Evasion of Service of Sentence 160 7. Chapter VII: Commission of Another Crime during Service of Penalty Imposed for Another Previous Offense 161 Title IV. Crimes against Public Interest .. 168 1. Acts of Counterfeiting........................ 168 2. Acts of Forgery 171 3. Acts of Falsification ............................ 171 4. Other Falsities 176 Title V. Crimes Relative to Opium and Other Prohibited Drugs............................. 183 Title VI. Crimes against Public Morals ... 189 1. Chapter I: Gambling and Betting ..... 189 2. Chapter II: Offenses against Decency and Good Customs............................. 192 Title VII. Crimes Committed by Public Officers ......................................................... 198 1. Chapter I: Preliminary Provisions .... 198 2. Chapter II: Malfeasance and Misfeasance in Office ......................... 199 3. Chapter III: Frauds and Illegal Exactions and Transactions .............. 207 4. Chapter IV: Malversation of Public Funds or Property ............................... 209 5. Chapter V: Infidelity of Public Officers 212 6. Chapter VI: Other Offenses or Irregularities by Public Officers ........ 214 Title VIII. Crimes against Persons ........... 219 1. Chapter I: Destruction of Life .......... 219 2. Chapter II: Physical Injuries .............. 226 Title IX. Crimes against Personal Liberty and Security .................................................. 240 1. Chapter I: Crimes against Liberty..... 240 2. 3. J. K. L. M. N. Chapter II: Crimes against Security . 245 Chapter III: Discovery and Revelation of Secrets 251 Title X. Crimes against Property .............. 261 1. Chapter I: Robbery in General ......... 261 2. Chapter II: Brigandage....................... 267 3. Chapter III: Theft ............................... 268 4. Chapter IV: Usurpation ..................... 271 5. Chapter V: Culpable Insolvency ...... 272 6. Chapter VI: Swindling and Other Deceits 272 7. Chapter VII: Chattel Mortgage ........ 281 8. Chapter VIII: Arson and Other Crimes Involving Destruction........................ 282 9. Chapter IX: Malicious Mischief ....... 283 10. Chapter X: Exemption from Criminal Liability 284 Title XI. Crimes against Chastity ............. 285 1. Article 333 – Adultery........................ 285 2. Article 334 – Concubinage ................ 286 3. Article 336 - Acts of Lasciviousness 287 4. Article 337 - Qualified Seduction..... 288 5. Article 338 - Simple Seduction ......... 290 6. Article 339 - Acts of Lasciviousness with the Consent of the Offended Party . 290 7. Article 340 - Corruption of Minors . 290 8. Article 341 - White Slave Trade ....... 291 9. Article 342 - Forcible Abduction ..... 291 10. Article 343 - Consented Abduction. 292 11. Article 344 - Prosecution of Private Offenses 292 12. Article 345: Civil Liability of Persons Guilty of Crimes Against Chastity ... 294 13. Article 346 – Liability of Ascendants, Guardians, Teachers and Other Persons Entrusted with the Custody of the Offended Party 294 Title XII. Crimes against the Civil Status of Persons ......................................................... 296 1. Chapter I: Simulation of Births and Usurpation of Civil Status ................. 296 2. Chapter II: Illegal Marriages ............. 297 Title XIII. Crimes against Honor ............ 299 1. Chapter I: Libel 299 2. Chapter II: Incriminatory Machinations 305 Title XIV. Quasi-Offenses ........................ 307 1. Article 365 - Imprudence and Negligence 307 U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW I Criminal Law Page 1 of 310 CRIMINAL LAW U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW I. REVISED PENAL CODE (RPC) BOOK I 1. Mala in Se and Mala *From here on, all Articles refer to the RPC, unless otherwise indicated. MALA IN SE (“evil in itself”) A. Fundamental and General Principles In Criminal Law Prohibita A crime or an act that is inherently immoral, such as murder, arson or rape. [Black’s Law Dictionary, 9th Ed.] When the acts are inherently immoral, they are mala in se, even if punished under special law, like plunder which requires proof of criminal intent. [Estrada v. Sandiganbayan, G.R. No. 148560 (2001); Garcia v. Court of Appeals, G.R. No. 157171 (2006); Ysidoro v. People, G.R. No. 192330 (2012)] Definition of Criminal Law That branch of public substantive law which defines crimes, treats of their nature, and provides for their punishment. [Reyes, citing cyc 129] A crime is an act committed or omitted in violation of a public law forbidding or commanding it. It a generic term used to refer to a wrongdoing punished by either the RPC or a special law. [Ortega] Felonies are crimes punished under the RPC, while offenses are crimes punished under the special law. The Philippines does not have common law crimes. Therefore, even though an act or omission is wrong per se, there is no criminal liability if the act is not punishable by a particular provision in penal law or special penal law. There is no crime when there is no law punishing the same (Nullum crimen nulla poena sine lege). Where malice is a factor, good faith is a defense. MALA PROHIBITA (“prohibited evil”) An act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral. [Black’s Law Dictionary, 9th Ed.] General Rule: Performance of the act itself will constitute the offense. Dolo is not required in crimes mala prohibita. In those crimes which are mala prohibita, the act alone irrespective of the intent, constitutes the offense. Good faith and absence of criminal intent are not valid defenses in crimes mala prohibita. Exceptions: a. However, not every law punishing an act or omission may be valid as a criminal law. If the law punishing an act is ambiguous, it is null and void on its face. Sources of Criminal Law: a. The Revised Penal Code (Act No. 3815) – enacted January 1, 1932; based on the Spanish Penal Code, US Penal Code, and Philippine Supreme Court decisions. b. Special penal laws c. Penal Presidential Decrees issued during Martial Law. People v. Landicho [G.R. No. 116600 (1996)] – If the act is done in order to comply with government policies. An individual is not criminally liable despite a law prohibiting carrying of firearms if he was authorized to buy and collect guns, then sell to authorities later on. b. US v. Samson [G.R. No. 5807 (1910)] – Civilian guards acting in good faith in carrying firearms with no intention of committing an offense were able to claim lack of intent as a defense. c. People v. Mallari [G.R. No. L-58886 (1988)] – A pending application for permanent permit to possess a firearm, and did not hide possession of firearms in front of authorities was also free from liability because of good faith. d. People v. Lucero [G.R. No. 97936 (1995)]– When the accused was given authority to carry a Page 2 of 310 U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW revolver in order to capture or kill a wanted person. Cuenca v. People [G.R. No. L-27586 (1970)] – The accused had assumed that his employer had the necessary license to possess firearm which was turned over to him while he was on duty as one of the security guards of the licensed security agency. Mala in Se There are three stages: attempted, frustrated & consummated A crime in the RPC can absorb a crime punishable by a special law if the latter is a necessary element of the felony defined in the Code; but a special law can never absorb a crime punishable under the RPC, because violations of the Revised Penal Code are more serious than a violation of a special law. [People v. Rodriguez, G.R. No. 13981 (1960)] Penalty is computed on the basis of whether he is a principal offender or merely an accomplice or accessory e. Mala in Se Wrong because it is prohibited by law; Good faith is not a defense. Criminal intent is immaterial, BUT still requires intelligence & voluntariness As to degree of accomplishment of crime Degree of accomplishment is taken into account for the punishment. The act gives rise to a crime only when consummated. As to mitigating and aggravating circumstances They are taken into account in imposing penalty They are not taken into account. Degree of participation is generally not taken into account. All who participated in the act are punished to the same extent. As to stages of execution the Penalty of offenders is same whether they acted as mere accomplices or accessories Generally, special laws. Penalties may be divided into degrees and periods. There is no such division of penalties. 2. Suppletory Application of General Rule: RPC provisions supplement the provisions of special laws. [Art. 10] The Revised Penal Code supplies what is lacking in special laws. Examples a. Art. 39 – Imprisonment in case the person convicted cannot pay fine (Subsidiary Imprisonment) b. Art. 45 – Confiscation of instruments used in the commission of the crime Exceptions: a. As to degree of participation When there is more than one offender, the degree of participation of each in the commission is taken into account. Generally, only principal is liable. RPC to Special Laws As to criminal intent as an element Criminal intent is an element. principal, & As to what laws are violated As to use of good faith as a defense Good faith a valid defense, unless the crime is the result of culpa stages of As to division of penalties As to nature Wrong from its very nature; So serious in their effects on society as to call for condemnation of members. No such execution As to persons criminally liable The accomplice accessory. Generally, the RPC. Mala Prohibita Mala Prohibita Where the special law provides otherwise. [Art 10] b. When the provisions of the Code are impossible of application, either by express provision or by necessary implication, as in those instances where the provisions in question are peculiar to the Code. [Regalado] Provisions of the RPC on penalties cannot be applied to offenses punishable under special laws. Special laws do not provide a scale of penalties where a given penalty can be lowered by one or two degrees. Special laws use the term “imprisonment” instead. [Reyes] Page 3 of 310 U.P. LAW BOC CRIMINAL LAW I The stages of commission of the RPC (Attempted, Frustrated, Consummated) cannot be applied to offenses punished by special laws. An accused may be acquitted because mere attempt to commit a crime is not punishable under the special law. [US v. Basa, G.R. No. L-3540 (1907)] In the absence of contrary provision in B.P. Blg. 22, the general provisions of the RPC which, by their nature, are necessarily applicable, may be applied suppletorily. [Ladonga v. People, G.R. No. 141066 (2005)] 3. Construction of Penal Laws Strict construction against the State and liberally in favor of the accused CRIMINAL LAW c. Spanish Text of the RPC Prevails over its English Translation In the construction or interpretation of the provision of the RPC, the Spanish text is controlling, because it was approved by the Philippine Legislature in its Spanish text. [People v. Manaba, G.R. No. L-38725 (1933)] d. Retroactive Application if Favorable to the Accused See Characteristics of Criminal Law, Prospectivity and Art. 22. 4. Applicability and Effectivity a. Pro Reo Doctrine of the Penal Code Whenever a penal law is to be construed or applied and the law admits of two interpretations – one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted. a. General b. Territorial c. Prospective Basis: The fundamental rule that all doubts shall be construed in favor of the accused and presumption of innocence of the accused. [Art III, Section 14(2), 1987 Constitution] 1. General Rule: Penal statutes should be strictly construed against the State only when the law is ambiguous and there is doubt as to its interpretation. Where the law is clear and unambiguous, there is no room for the application of the rule. [People v. Gatchalian, G.R. No. 90301 (1998)] a. Generality Penal laws are obligatory on all persons who live or sojourn in Philippine territory, regardless of nationality, gender, or other personal circumstances, subject to the principles of public international law and to treaty stipulations. [Art. 14, NCC] 2. Excepstions: a. Treaty Stipulations b. Equipoise Rule When the evidence of the prosecution and the defense are equally balanced, the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence. [Ursua v. CA, G.R. No. 112170 (1996); Corpuz v. People, G.R. No. 74259 (1991)] Art. 2. – “Except as provided in the treaties or laws of preferential application …” Art. 14, Civil Code. – “… subject to the principles of public international law and to treaty stipulations.” Example: Visiting Forces Agreement (VFA) is an agreement between the Philippine and US Government regarding the treatment of US Armed Forces visiting the Philippines. It was signed on Feb. 10, 1998. Page 4 of 310 U.P. LAW BOC CRIMINAL LAW I The US and Philippines agreed that: 1. US shall have the right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the US over US personnel in RP; 2. US authorities exercise exclusive jurisdiction over US personnel with respect to offenses, including offenses relating to the security of the US punishable under the law of the US, but not under the laws of RP; 3. US military authorities shall have the primary right to exercise jurisdiction over US personnel subject to the military law of the US in relation to: 4. Offenses solely against the property or security of the US or offenses solely against the property or person of US personnel; and 5. Offenses arising out of any act or omission done in performance of official duty. [Reyes] Rule On Jurisdiction Under The VFA Crimes Jurisdiction Crime punishable Philippines has under Philippine laws, exclusive jurisdiction. but not under US laws Crime punishable US has exclusive under US laws, but not jurisdiction. under Philippine laws There is concurrent Crime is punishable jurisdiction, but the under both US and Philippines has Philippine laws primary jurisdiction. Crime is committed by a US personnel against US has exclusive the security and jurisdiction. property of the US alone Generally, the Philippines cannot refuse the request of the US for waiver of jurisdiction and has to approve the request for waiver except if the crime is of national importance: 1. Those crimes defined under RA 7659 (Heinous crimes) 2. Those crimes defined under RA 7610 (Child Abuse cases) 3. Those crimes defined under RA 9165 (Dangerous Drugs cases) Laws of Preferential Application R.A. No. 75 penalizes acts which would impair the proper observance by the Republic and inhabitants of the Philippines of the immunities, rights, and CRIMINAL LAW privileges of duly accredited foreign diplomatic representatives in the Philippines. General Rule: The following persons are exempt from arrest and imprisonment, and their properties are exempt from distraint, seizure and attachment: [AMS] 1. Ambassadors 2. Public Ministers 3. Domestic servant of ambassadors or ministers Exceptions: 1. The person is a citizen or inhabitant of the Philippines 2. The writ or process issued against him is founded upon a debt contracted before he entered upon such service or the domestic servant is not registered with the Department of Foreign Affairs. Note: RA 75 is not applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives. b. 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. Offenses committed in warships or embassies, though in the Philippines, are therefore not covered by the generality principle. c. Principles of Public International Law The following persons are exempt from the provisions of the RPC: [SCAMMP] 1. Sovereigns and other heads of state 2. Charges d’ affaires. 3. Ambassadors 4. Ministers 5. Minister resident 6. Plenipotentiary [Article 31, Vienna Convention on Diplomatic Relations] Consuls, vice-consuls, and other commercial representatives of foreign nations do not possess the status of, and cannot claim the privileges and immunities accorded to ambassadors and ministers. [Wheaton, International Law, Sec. 249] Page 5 of 310 U.P. LAW BOC CRIMINAL LAW I CRIMINAL LAW The general rule will create a presumption of jurisdiction, and identifies upon whom the burden of proving a contrary jurisdiction belongs to. b. Territoriality 1. General Rule: Penal laws of the country have force and effect only within its territory. It cannot penalize crimes committed outside its territory. The territory of the country is not limited to the land where its sovereignty resides but includes also it...
View Full Document

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture