CRIMINAL LAW I
Points To Remember
Judge Edilberto Sandoval
Pointers in Criminal Law, Chapters 1 - 2.3 •
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Criminal Law: branch or division of public law which defines crimes, treats of their nature, and provides for their punishment : act committed or omitted in violation of public law forbidding or commanding it; offense against the state Accused: pers on formally charged in cour t for violatio n of a penal law
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Revised Penal Code (Act No. 3815) – took effect on January 1, 1932
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Special Laws Presidential Decrees – Pres. Ferdinand Marcos Executive Orders – Pres. Corazon Aquino
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Bail – except in reclusion perpetua Presumption of innocence; heard by himself and counsel; notice of nature and cause of accusation; speedy, impartial and public trial; meet witnesses; compulsory process to secure attendance of witnesses; production of evidence No compulsion to be a witness against self Against exces sive fines; cruel , degrading, inhuman punishm ent No double jeopardy of punishment for same offense
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Presumption of innocence Informed of nature and cause of accusation Presence and defense in person and by counsel Testify as witness in own behalf Exemption from compulsion to be witness against self Confront and cross-examine witnesses Compulsory process to secure attendance of witnesses Speedy, impartial and public trial Appeal (not a constitutional r ight; may be el iminated by C ongress by passing a law)
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Philippine criminal laws are binding on all persons who live or sojourn in the Philippines Exceptions: o Principles of Public International Law " Sovereigns and chiefs of state, ambassadors, ministers o plenipotentiary, minister residents, charge d’affaires Treaties of Treaty Stipulations " Persons exempted under the provisions of treaties o entered into by the Philippines ! Ex. Under VFA, American soldier committing crime during military exercises Laws of Preferential Application " o Art. VI, Sec. 11 o f Constitution: “ No member shall be questioned nor be held liable in any other place for any speech or debate in Congress or in any Committee thereof.” punishment of crimes committed only within the Philippine Territory o Exceptions: Philippine ship or airship " Forge or counterfeit coin or currency or obligations and " securities Acts connected with introductio n into the Philip pines of " obligations and securities that are forged or counterfeit Offense in the exercise of functions as public officers or " employees Crimes against national security and law of nations " a penal law cannot make an act punishable when it was not punishable when committed In consonance with constitutional prohibition against ex post facto o law Nullum crimen sine poena; nullum poena sine lege " There is no crime without a penalty and there is no o penalty without law
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CRIMINAL LAW I
Points To Remember
Judge Edilberto Sandoval o
Pointers in Criminal Law, Chapters 1 - 2.3
Exception by Art. 22: penal laws (also judicial decisions) shall have a retroactive effect insofar as they favor the person guilty of a felony who is not a habitual criminal. Even if at time of publication of law, a final judgment has been " pronounced and convict is serving sentence No retroactive effect if habitual criminal or law is expressly " mad inapplicable to pending actions Only those parts of the law which are favorable to the accused " shall be given retroactive effect
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Stage of execution Consummated: all elements necessary for execution and o accomplishment are present Frustrated: performance of all acts of execution which would o produce felony but do not produce it by reasons independent of the will of perpetrator Attempted: com mencement of co mmission b y overt acts, do es not o perform all acts of execution which should produce felony because of some cause or accident other than his own spontaneous desistance
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If there is doubt, the penal law must be interpreted liberally in favor of accused and strictly against the state Agrarian law s must be inte rpreted in favo r of the grante es to give o full force and effect to intent of law, except when law speaks in clear and categorical language
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acts and omissions punishable by law Committed by means of: : dolo; act is performed with deliberate intent " : culpa; wrongful act results from imprudence, " negligence, lack of foresight, lack of skill Takes form of: Positive act " o Ex. Homicide/murder, theft/robbery Omission or failure to perform an act " o Ex. Illegal exaction (failure to issue a receipt of public officer entrusted with tax collection, Delay in delivery of detained person o There must be law requiring the performance of an act
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Manner of execution Intentional felonies: committed by means of deceit or malice o Culpable Felonies: wrongful acts result from imprudence, o negligence, lack of foresight, lack of skill
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Grave felonies: law attaches capital punishment Rape, parricide " Less grave felonies: law punishes with penalties which in their maximum period are correctional Attempted hom icide, illeg al discharge of firearm " Light felonies: arresto menor or fine not exceeding Php 200 or both, is provided Slight physical injuries, alarm and scandal "
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: crimes which are wrong from their nature; inherently immoral; there must be malice or criminal intent Murder, theft, rape " : wrong because they are prohibited by a statute; violations of mere rules of convenience Illegal possession of firearm, violation of Omnibus Election Law "
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Criminal liability shall be incurred: By any person committing a felony although the wrongful act done o be different from what is intended Must be perpetrating or committing an offense otherwise there " will be no criminal liability Three scenarios " mistake in the identity of the o victim o mistake in the blow injurious result is greater than o that intended 2
CRIMINAL LAW I
Points To Remember
Judge Edilberto Sandoval The wrong done must be the direct and natural consequence of the felonious act Felony must be the proximate cause of the resulting o injury ! Proximate cause: cause which, in natural consequence, unbroken by any effective intervening cause, produces the injury, and without which the result would not have occurred By any person performing an act which would be an offense against persons or pr operty , were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means act performed with malice which would " have been an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means Requisites o ! Act should b e an offense ag ainst person s or property ! Done with evil intent ! Accomplishm ent is inherentl y impossib le or means employed is either inadequate or ineffectual In inadequacy, victim should not suffer any " injury Legal and physical impossibility "
Pointers in Criminal Law, Chapters 1 - 2.3
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Attempted: com mencement of co mmission b y overt acts, do es not perform all acts of execution which should produce felony because of some cause or accident other than his own spontaneous desistance ! Formal crimes: consummated in one instant and cannot be split into parts to be categorized as attempted or frustrated Slander, libel o ! Crimes consummated by mere attempt, proposal or overt act treason o ! Material crimes – 3 stages of execution o Homicide, murder o NO FRUSTRATED RAPE punishable only when consummated, with the exception of those against persons or property o
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There is no common law crime in the Philippines. If the court gains knowledge of any act which it deems proper to repress and which is not punishable by law, court shall dismiss the case and report to the Chief Executive through the DOJ, the reasons which induced the court to believe that the act should be made subject of penal legislation.
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Stages: Consummated: all elements necessary for execution and o accomplishment are present o Frustrated: performance of all acts of execution which would produce felony but do not produce it by reasons independent of the will of perpetrator
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Punishable in cases in which the law provides a penalty therefor Conspiracy: exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it Proposal: when person who has decided to commit a felony proposes its execution to some other person or persons Generally, conspiracy and proposal to commit a felony are not o crimes There is a law punishing Conspiracy to Commit Rebellion, " Conspiracy and Proposal to Commit Treason, Conspiracy and Proposal to Commit Coup d’etat, Conspiracy to Commit Sedition, Conspiracy to Commit Arson
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Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specifically provide the contrary In case of conflict between provisions of special laws and those of o the Revised Penal Code, the former (special laws) shall prevail; latter (RPC) shall be supplementary when applicable
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CRIMINAL LAW I
Points To Remember
Judge Edilberto Sandoval
Pointers in Criminal Law, Chapters 1 - 2.3 •
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the following are exempt from criminal liability: . — The following do not incur any criminal liability: 1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. Unlawful aggression. Second. Reasonable necessity of the means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein.
1. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecil e or an insane person has committed an a ct which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. 2. A person under nine years of age. 3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Art. are pres ent and that the per son defending be not induced by revenge, resentment, or other evil motive.
When such minor is adjudge d to be crim inally irresp onsible, the co urt, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present;
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
First. That the evil sought to be avoided actually exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.
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5. Any person who act under the compulsion of irresistible force. 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.
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CRIMINAL LAW I
Points To Remember
Judge Edilberto Sandoval
Pointers in Criminal Law, Chapters 1 - 2.3 10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.
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The following are mitigating circumstances; 1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. 2. That the offender is over fifteen but under eighteen years of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80. 3. That the offender had no intention to commit so grave a wrong as that committed. 4. That sufficient provocation or threat on the part of the offended party immediately preceded the act. 5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees. 6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. 7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution; 8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. 9. Such illness of the offender as would diminish the exercise of the willpower of the offender without however depriving him of the consciousness of his acts.
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