CRIMINAL LAW BOOK I

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CRIMINAL LAW BOOK I

• GOOD MORNING
• CRIMINAL LAW
• ONE

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DEFINITIONS

• Crime A transgression done in violation of a
  rule of conduct which specifically requires its
  performance or non-performance.
• Law Sanchez Roman defines law as a rule of
  conduct, just, obligatory, promulgated by
  competent authority and of common observance
  benefit.
• Criminal Law Criminal law is a substantive and
  public law which defines crimes, classifies its
  nature and prescribes a penalty therefore.

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No Common Law Crimes in the Philippines

• Common law crimes are bodies of legal rules and
  principles which are not based on statute but on
  usages and traditions.
• There are no common law crimes in the
  Philippines. No act shall constitute as a crime
  unless it is made so by law (U.S. vs. Taylor, 28
  Phil 599).
• nullum crimen, nulla poena, sine lege
• Art 5 RPC if there is no law punishing the act
  or omission, the court must dismiss the case no
  matter how wicked the act may seem.
• PEOPLE vs. AVECILLA (GR No. 117033, Feb. 15,
  2001)

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THEORIES IN CRIMINAL LAW

• Classical or Juristic Theory Existence of the
  offenders free will, or a persons freedom to do
  an act. Under this theory, the penalty for ones
  criminal act is imposed by way of social
  retribution.
• Positivist School of Thought Crime is a natural
  social phenomenon to which the actor was exposed
  cannot be treated by the blanket application of
  abstract legal principles man is a social being
  and his acts are not only attributable to his own
  free will but to other forces of society
• Under this theory, the penalty has a corrective
  purpose and is imposed by way of prevention or
  deterrence

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CHARACTERISTICS OF CRIM LAW

• Generality
• Territoriality
• Prospectivity

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• GENERALITY General Application of Criminal Laws
• Art 14, Civil Code
• On all military and PNP Sec 46, RA 6975 (PNP)
  Sec 1, RA 7055 (AFP and Cafgu, Articles of War
  Waiver by President)
•  
• EXCEPTIONS TO GENERALITY
• Laws of preferential application RA 75,
  subject to reciprocity and Parliamentary
  Immunities
• Generally accepted principles of public
  international law Diplomatic Convention and
  Doctrine of Sovereign Immunity
• Treaty Stipulations Lance Corporal Smith

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General Rule TERRITORIALITY (Art 2)

• EXCEPTIONS
• Art 1 Constitution and the Archipelagic theory
• Baselines connect outermost points from low
  watermark
• UNCLOS, Art 3 12 NA mile territorial sea
• UNCLOS, Art 33 contiguo zone
• Exclusive Economic Zone 200 nautical mile

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• Baselines of Internal
• waters

12 mile limit
12 mile cont. zone
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EXCEPTIONS TO TERRITORIALITY

• Philippine ship or airship place of registry
• French and English Rules foreign merchant ships
• RA 6235
• 2000 BAR, No. 1
• Offenses related to forgery and counterfeiting
  Philippine coins or currency and in the
  importation, uttering and distribution in the
  Philippines
• Offenses committed by public officers or
  employees while performing their functions
• Offenses against national security and the law of
  nations
• People vs. Lol-lo and Sarao
• 2008 Bar
• High seas

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PRINCIPLE OF PROSPECTIVITY

• Ex post facto laws
• Art 22, penal laws favorable to the accused
• PEOPLE vs. AVECILLA (GR No. 117033, Feb. 15,
  2001)

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FELONIES Acts or omissions punishable by the RPC
(Art 3)

• THREE KINDS OF CRIMES
• felonies dolo or culpa
• offenses special laws (General Rule Penalties)
• infraction or misdemeanors violations of
  municipal ordinances

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Two Modes of Committing Felonies (Art 3)

• Dolo or Malice with deliberate intent.
• Culpa or Fault imprudence, negligence, lack of
  foresight or lack of skill.

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ELEMENTS OF FELONIES

• There is an act or omission
• Act or omission is punishable by the RPC (PEOPLE
  vs. SILVESTRE ATIENZA and PEOPLE vs. FRANCIS
  ABARCA, 153 SCRA 735)
• Act or omission is incurred by dolo or culpa
  all done with freedom

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FELONIES BY DOLO

• REQUISITES OF DOLO OR MALICE
• Freedom
• Intelligence People vs. Taneo, lack of
  intelligence and intent
• Intent
• No criminal intent, no crime, justified, No civil
  liabilities, except in Art 11, par. 4 when a
  person commits an act to avoid a greater evil or
  injury (see Art 432 of the Civil Code)
• No freedom or intelligence exempting, civilly
  liable

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MISTAKE OF FACT

• Act should have been lawful and actor is not
  negligent
• US vs. AH CHONG
• People vs. Oanis

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FELONIES BY CULPA

• Freely and intelligently but with negligence
• People vs. Guillen

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OFFENSES UNDER SPECIAL LAWS

• Dolo or criminal intent or mens rea not required
• Good faith is not a defense
• But there must be intent to perpetuate the
  prohibited act
• People vs. Asa and Balbastro firearms/civilian
  guards
• People vs. Landicho firearm for turn-over to
  Mayor
• People vs. Lucero confidential agent

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MALA IN SE vs. MALA PROHIBITA

• Intent and good faith
• Inherently immoral vs. wrongful by statutory
  policy
• RPC vs. SPL Estrada vs. Sandiganbayan, G.R.
  148560, November 19, 2001 and Illegal Exactions
  under the RPC

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MOTIVE

• Motive is the moving power which impels one to
  action while intent is the purpose to use a
  particular means
• Latter is not essential except
• Questions as to identity
• Conflicting versions
• People vs. Taneo, somnambulism

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CRIMINAL LIABILITY (Art 4)

• Any person committing a felony although the
  wrongful act is different from what is intended
• Impossible crimes

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REQUIREMENT UNDER PAR. 1

• Intentional felony
• wrong done is direct, natural and logical
  consequence of the felony committed
• el que es causa de la cause el que es causa del
  mal causado
• PEOPLE vs. FRANCIS ABARCA, supra (resulting crime
  is different from what is intended)

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ERROR IN PERSONAE (PP v. Oanis)
Actual victim mistaken as intended victim
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ABERRATIO ICTUS (PP v. MABUG-AT)
Intended victim
Actual victim
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PRAETER INTENTIONEM(People vs. Cagoco)
Intended victim same as actual victim But a more
serious crime is produced
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IMPOSSIBLE CRIMES

• 2000 Bar, impossible crime is not a crime but
  with a penalty person punished for his criminal
  tendencies
• Intod vs. CA, 215 SCRA 52
•  

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MANNER OF COMMITTING CRIMES

1. FORMAL CRIMES (offenses under special laws, Pecho
   vs. SB)
2. CRIMES BY OMISSION (no attempted stage)
3. MATERIAL CRIMES (3 stages of execution)

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STAGES OF EXECUTION

1. ATTEMPTED
2. FRUSTRATED STAGES
3. CONSUMMATED STAGES

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SUBJECTIVE PHASE

• PHASE WHEREIN THE ACTOR CONCEIVES THE IDEA OF
  COMMITTING A CRIME
• Internal Acts not penalized
• Preparatory Acts to a particular crime not
  penalized for as long as they, in themselves, do
  not constitute an offense
• ACTOR HAS CONTROL OVER HIS ACTIONS
• SPONTANEOUS DESISTANCE no liability provided no
  other crime is committed

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OBJECTIVE STAGE

• State wherein the offender performed all the acts
  of execution needed for the crime
• No more control
• Crime is either frustrated or consummated

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CRIMES AGAINST PERSONS

• MORTALITY OF WOUND Borinaga and Kalalo rulings
• When the wound inflicted is not fatal, homicide
  or murder is only attempted (Velasco vs. People,
  GR 166479, February 28, 2006, 433 SCRA 649 and
  People vs. Dela Cruz, GR 154348, June 8, 2004,
  431 SCRA 388)

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RAPE

• ORITA ruling
• People vs. Efren Valez (GR 136738, March 12,
  2001) child, ½ inch penetration
• People vs. Campuhan (GR 129433, March 30, 2000)
  epidermal contact
• PEOPLE vs. MONTERON (G.R. No. 130709, March 6,
  2002) adult/ on top of female orgn
• PEOPLE vs. MARIÑO (G. R. No. 132550, February 19,
  2001) cannot recall (woke up/wet-sticky
  substance)
• PEOPLE vs. COLLADO (G.R. Nos. 135667-701, March
  1, 2001) no intent to penetrate

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THEFT AND ROBBERY

1. VALENZUELA VS. PEOPLE (GR No. 160188, June 21,
   2007) Theft is a formal crime. It can only be
   attempted or consummated and there can be no
   frustrated stage in the crime of theft. Unlawful
   taking complete when offender gains possession,
   even if no opportunity to dispose
2. PP v. LEOPOLDO SALVILLA (184 SCRA 671) control
   and dominion even if no asportation or no
   opportunity to dispose

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CONSPIRACY PROPOSAL

• When proposal is accepted, there is conspiracy
• Act of one is the act of all
• PEOPLE vs. ROEL PUNZALAN, ET. AL. (GR 78853
  November 9, 1991) A co-conspirator is liable
  for such other crimes which could be foreseen and
  which are the natural and logical consequences of
  the conspiracy
• PEOPLE vs. RICARDO LASCUNA, ET. AL. (GR 90626
  August 18, 1993) time of commission liable for
  graver offense unless he performed overt acts to
  prevent the graver offense
• PEOPLE vs. DE LA CERNA, ET. AL. (GR L-20911,
  October 30, 1967) If the conspirators select a
  particular individual or group of individuals to
  be their victim and another person was killed by
  some, only those who actually participated in the
  killing are liable

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TWO FACETS OF CONSPIRACY

• CONSPIRACY AS A MODE OF INCURRING CRIMINAL
  LIABILITY (needs an overt act)
• CONSPIRACY AS A CRIME
• Crimes against National Security
• Anti-Terrorism Law conspiracy to commit murder,
  etc

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ART 10

• GEN RULE RPC principles not applicable to
  offenses under special laws
• Penalties
• Stages of execution
• Degrees of participation
• graduation
• Exception Suppletory application when applicable
• MARTIN SIMON RULING

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