Mitch Lim

My Notes Part 1 -

 

• AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

  Act No. 3815

  December 8, 1930

  The Revised Penal Code of the Philippines

  Preliminary Article — This law shall be known as "The Revised Penal Code."

   

  BOOK ONE

  GENERAL PROVISIONS REGARDING THE DATE OF

  ENFORCEMENT AND APPLICATION OF THE PROVISIONS

  OF THIS CODE, AND REGARDING THE OFFENSES, THE

  PERSONS LIABLE AND THE PENALTIES

  Preliminary Title

   

  DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS CODE

  Article 1. Time when Act takes effect. — This Code shall take effect on the first day of January, nineteen hundred and thirty-two.

   

  Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:

   

  1. Should commit an offense while on a Philippine ship or airship

  2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands

  3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;

  4. While being public officers or employees, should commit an offense in the exercise of their functions; or

  5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.

  Title One

  FELONIES AND CIRCUMSTANCES

  WHICH AFFECT CRIMINAL LIABILITY

  Chapter One

   

  F E L O N I E S

  Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be 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.

   

  Requisites  of DOLO (malice)

• Intelligence

• Freedom

• Intent

 

Nocturnity is the period of time after sunset to sunrise, from dusk to dawn

7. On Occasion Of A Calamity

8. Aid Of Armed Men Or Means To Ensure Impunity

9. Recidivism

The offender at the time of his trial for one crime shall have been previously convicted by final judgment of another embraced in the same title of the Revised Penal Code.

 

Quasi-recidivism -while serving a sentence he committed felony  (special aggravating; cannot be offset by mitigating)

 

10. Reiteration or Habituality

Reiteration/Habituality -The offender has been previously punished for an offense which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

 

 

 

11. Price, Reward Or Promise

12. Inundation, Fire, Poison

13. Evident Premeditation

14. Craft, Fraud Or Disguise

15. Superior Strength Or Means To Weaken Defense

16. Treachery

17. Ignominy

18. Unlawful Entry

19. Breaking Wall, Floor, Roof

20. With Aid Of Persons Under 15 By Motor Vehicle

21. Cruelty

 

Habitual delinquency IRTEF - cannot be offset (special aggravating circumstance)

1.serious , less serious physical  injuries

Robbery Theft Estafa falsification

RETALIATION- the aggression that was begun by the injured party already ceased to exist when the accused attacked him.

 

Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from criminal liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

 

When the imbecile or an insane person has committed an act 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.

 

When such minor is adjudged to be criminally irresponsible, the court, 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, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

 

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.

 

SIX TYPES of exempting circumstances: - lack of knowledge of act

1. Imbecility/Insanity

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: sleep-walking (People vs. Taneo)

(5) Malignant malaria: which affects the nervous system

2. Minority

15 below -> exempted

15+1 day - 18 -> exempted unless acted w/ discernment  --> subject to intervention program

Discernment - mental capacity to know what is right or wrong

15+1 day - 18 ->  acted w/ discernment  --> suspension of sentence --> subject to diversion program

 

3. Accident - damnum absque injuria - exempted from civil liability

4. Compulsion of irresistible force - from 3rd person

5. Impulse of uncontrollable fear

Requisites:

(1) That the threat which causes the fear is of an evil greater than or at least equal to, that which he is forced to commit;

(2) That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it.

6. Insuperable or lawful cause- exempted from civil liability

Requisites:

(1) That an act is required by law to be done;

(2) That a person fails to perform such act;

(3) That his failure to perform such act was due to some lawful or insuperable cause

 

Chapter Three

CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

 

Art. 13. Mitigating circumstances. — 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 under eighteen year 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 will-power of the offender without however depriving him of the consciousness of his acts.

 

10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.

 

TWELVE TYPES of mitigating circumstances: or causas attenuates are those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty.

1. Incomplete Justification and Exemption --> if 2 of 3 requisites is available (privileged mitigating )

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 - w/c restricts of action, communication or defense w/ his fellow beings

11. Illness

12. Analogous Circumstances

 

 

Ordinary MC

Privileged MC

Can be offset by any aggravating circumstance

Cannot be offset by aggravating circumstance

MIN PERIOD

LOWER BY 1 or 2 DEGREES

 

 

 

 

Chapter Four

CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

 

Art. 14. Aggravating circumstances. — Those circumstances which raise the penalty for a crime in its maximum period provided by law applicable to that crime or change the nature of the crime.

 

The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.
 

2. That the crime be committed in contempt or with insult to the public authorities.

 

3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation.

 

4. That the act be committed with abuse of confidence or obvious ungratefulness.

 

5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.

 

6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.

 

Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.

 

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.

 

8. That the crime be committed with the aid of armed men or persons who insure  or afford impunity.

 

9. That the accused is a recidivist.

 

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.

 

10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

 

11. That the crime be committed in consideration of a price, reward, or promise.

 

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.

 

13. That the act be committed with evidence premeditation.

 

14. That the craft, fraud or disguise be employed.

 

15. That advantage be taken of superior strength, or means be employed to weaken the defense.

 

16. That the act be committed with treachery (alevosia).

 

There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.

 

17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.

 

18. That the crime be committed after an unlawful entry.

 

There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken.

 

20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by RA 5438).

 

21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions

 

Kinds of AGGRAVATING CIRCUMSTANCE (GSQIS)

1. GENERIC – Those that can generally apply to all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19, and 20 except ―by means of motor vehicles‖. A generic aggravating circumstance may be offset by a generic mitigating circumstance.

 

2. SPECIFIC – Those that apply only to particular crimes. Nos. 3 (except dwelling), 15, 16, 17 and 21.

 

3. QUALIFYING –Those that change the nature of the crime. Art. 248 enumerates the qualifying AC which qualify the killing of person to murder. If two or more possible qualifying circumstances were alleged and proven, only one would qualify the offense and the others would be generic aggravating. (ASKED TWICE BAR EXAMS)

 

4. INHERENT – Those that must accompany the commission of the crime and is therefore not considered in increasing the penalty to be imposed such as evident premeditation in theft, robbery, estafa, adultery and concubinage.

 

5. SPECIAL – Those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances such as:

a. quasi-recidivism (Art. 160)

b. complex crimes (Art. 48)

c. error in personae (Art. 49)

d. taking advantage of public position and membership in an organized/syndicated crime group (Art. 62)

 

TWENTY-ONE 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

Band - 4 or more persons ;all should be armed

(2) After that conviction or after serving his sentence, he again committed, and, within 10 years from his release or first conviction, he was again convicted of any of the said crimes for the second time

(3) After his conviction of, or after serving sentence for, the second offense, he again committed, and, within 10 years from his last release or last conviction, he was again convicted of any of said offenses, the third time or oftener

 

COMPLEX CRIMES - Art. 48. Penalty for complex crimes. When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

 

a. Compound Crime (Delito Compuesto)- A single act results in two or more grave or less grave felonies.

b. Complex Crime Proper (Delito Complejo) -An offense is a necessary means for committing the other.

c. Continued and Continuing Crimes (Delito Continuado) -A single crime, consisting of a series of acts but all arising from one criminal resolution.

 

 

 

Chapter Two

JUSTIFYING CIRCUMSTANCES

AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY

 

Art. 11. Justifying circumstances. — 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.

 

If 2 requisites present -privileged mitigating (penalty to lower by one or two degrees)

If only 1 is present - ordinary mitigating

 

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.

 

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 present and that the person defending be not induced by revenge, resentment, or other evil motive.

 

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;

 

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.

 

FIVE TYPES of justifying circumstances: ACT IS VALID, FREE FROM CRIMINAL and CIVIL LIABILITY except in par. 4, Art. 11, where the civil liability is borne by the persons benefited by the act.

1. Self defense

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. Defense of relatives

3. Defense of strangers - second cousin

4. Avoidance of a greater evil - STATE OF NECESSITY There is CIVIL LIABILITY under this paragraph. Persons benefited shall be liable in proportion to the benefit which they have received

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. Fulfillment of duty

6. Obedience to an order issued for some lawful purpose

 

UNLAWFUL AGGRESSSION -

ACTUAL physical force or weapon SUDDEN, UNEXPECTED ATTACK

Requisites

 (1) Offender had been convicted of any of the crimes of

serious or less serious physical injuries, robbery,  theft,  estafa, or falsification

Requisites

(1) Accused is on trial for an offense

(2) He previously served sentence

a. for another offense to which the law attaches an equal or greater penalty, OR

 b. for two or more crimes to which it attaches lighter penalty than that for the new offense

(3) He is convicted of the new offense

 

Quasi-Recidivism -Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty. Habitual Delinquency (SRTEF)

Requisites

(1) Offender is on trial for an offense

(2) He was previously convicted by final judgment of another crime

(3) Both the first and second offenses are embraced in the same title of the RPC

(4) Offender is convicted of the new offense

 

Habituality (Reiteracion)

 

 

 

Recidivism - A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.

 

OVERT ACT - > some physical activity indicating the intention to commit a particular crime

 

Development of a crime

Internal Acts - intent, plan  (not punishable intent and act must concur) External Acts

Preparatory Acts

Acts of Execution - punishable by RPC

 

When Motive Becomes Material in Determining Criminal Liability (ASKED ONCE IN BAR EXAMS)

When act brings variant crimes There is doubt on the identity of the accused To determine the truth on the versions of the crime Identification of accused comes from unreliable source When there is no eyewitnesses When evidence of the crime is purely circumstantial

 

Art. 10. Offenses not subject to the provisions of this Code. — 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 specially provide the contrary.

 

--> RPC is supplementary to special laws

 

IMPORTANT:

Distinction between intent, discernment and motive

INTENT - determination to do a certain thing , purpose of mind Discernment - mental capacity to tell right from wrong MOTIVE- it is the moving power  w/c impels one  to do an act.

 

 

Thus, the person is still criminally liable although the wrongful act done be different from that which he intended in the following cases:

(1) Error in personae - mistake in the identity of the victim; injuring one person mistaken for another (Art. 49 – penalty for lesser crime in its maximum period)

(a) At least two subjects

(b) A has intent to kill B, but kills C

(c) Under Art. 3, if A hits C, he should have no criminal liability. But because of Art. 4, his act is a felony.

 

(2) Aberratio ictus - mistake in the blow; when offender intending to do an injury to one person actually inflicts it on another (Art. 48 on complex crimes – penalty for graver offense in its maximum period)

(a) There is only one subject.

(b) The intended subject is a different subject, but the felony is still the same.

 

(3) Praeter intentionem - injurious result is greater than that intended (Art. 13 – mitigating circumstance)

(a) If A‘s act constitutes sufficient means to carry out the graver felony, he cannot claim praeter intentionem.

 

Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the 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 Department of Justice, the reasons which induce the court to

believe that said act should be made the subject of legislation.

 

In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

 

No Law - acquittal but should  report to Chief Executive that such acts should be penalize

When Law is to harsh - should proposed presidential clemency

 

Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as those which are frustrated and attempted, are punishable.

 

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

 

There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.

 

Art. 7. When light felonies are punishable. — Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property.

 

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

 

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

 

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

 

GENERAL RULE: Conspiracy and proposal to commit a felony are not punishable.

EXCEPTION: They are punishable only in the cases in which the law specially provides a penalty therefore.

Conspiracy to commit -

(1) Treason (Art. 115)

(2) Rebellion (Art. 136)

(3) Insurrection (Art. 136)

(4) Coup d’état, (Art. 136)

(5) Sedition (Art. 141)

(6) Monopolies and combinations in restraint of trade, espionage (Art. 186)

(7) Illegal association (Art. 147)

(8) Highway Robbery (P.D. 532)

(9) Espionage (Sec. 3, C.A. 616)

(10) Selected acts under the Dangerous Drugs Acts

(11) Arson

(12) Terrorism (R.A. 9372)

In conspiracy, the act of one is the act of all

 

Doctrine of Implied Conspiracy

Conspiracy need not be direct but inferred from the conduct of the parties, their joint purpose, community of interest and in the mode of and manner of commission of offense.

 

Proposal to commit –

(1) Treason (Art. 115)

(2) Coup d’ etat (Art. 136)

(3) Rebellion (Art. 136)

(4) Inducement not to answer summons, appear or be sworn in Congress, etc. (Art. 150)

 

 

Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code.

 

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art..

 

Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided.

 

Grave Felonies - those w/c the law attaches capital punishment or penalties w/c any of the periods are afflictive

Reclusion perpetua

Reclusion Temporal

Perpetual or Temporary absolute DQ (disqualification)

Perpetual or Temporary Special DQ (disqualification)

Prision mayor

Fine more than 6000

Less Grave Felonies - those w/ penalties of  their ,max period of  correctional

Prision correccional

Aresto mayor

Suspension

Destierro

Fine more than 200 > x> 6000

Light Felonies - penalty is less than 200, penalty is arresto menor, public censure

 

CLASSIFICATION OF FELONY

According to manner of commission

Intentional felonies - committed w/ deliberate intent

Culpable  Felonies - resulting from negligence, imprudence, lack of foresight, lack of skill

Accrdg to stages of execution

Attempted

Frustrated

Consummated

GravityGrave Felonies - those w/c the law attaches capital punishment or penalties w/c any of the periods are afflictive

Reclusion perpetua

Reclusion Temporal

Perpetual or absolute DQ

Perpetual or Temporary Special

Prision mayor

Fine more than 6000

Less Grave Felonies - those w/ penalties of  their ,max period of  correctional

Prision correccional

Aresto mayor

Suspension

Destierro

Fine more than 200

Light Felonies - penalty is less than 200, penalty is arresto menor

 

Intentional Felony

Freedom - if lack  -->exempt (irresistable force/uncontrollable fear) Intelligence ---> exempting ( minority) Criminal Intent  (mens rea)--> lack -> no criminal liability

 

Omission -> it is inaction, failure to perform a positive duty 

 

Art. 4. Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.

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 an account of the employment of inadequate or ineffectual means.

 

Elements of Felony

There is an act or omission (physical act /Actus Reus) Punishable by RPC Act performed is by means of dolo and culpa

 

Requisites of CULPA( fault)

Intelligence Freedom Negligence , Imprudence lack of foresight lack of skill