
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...
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