\]j\\p;lDate: October 04, 2021 Subject: Criminal Law Review

Topic Discussion
Sec. 22,Bill of Rights No Ex post Facto Law or bill of attainder shall be enacted.
Ex Post Facto Law
 Makes an act done before the passage of the law a crime which when
done was lawful and punishes such act
 Aggravates a crime (makes it greater than it was)
 Allows for conviction on a lesser testimony than the law required at the
time of its commission
 Changes the punishment into a greater one
 Assumes to regulate civil rights and remedies only, but in effect punishes
an act or deprives a right which when done was lawful; and
 Deprives a person accused of a crime of a lawful protection which he has
become entitled to.
Bill of Attainder
- A legislative act which inflicts punishment without trial. Its essence is to
substitute a legislative act for a judicial determination of guilt.
Rights of the Accused
Constitutional Rights/ Statutory Rights
Constitutional Rights
1. Provided for under the Bill of Rights
Statutory Rights
1. Provided for under Section 1, Rule 115 of the Revised Rules on Criminal
Procedure
Characteristics of Criminal 1. General – applies to all person who SOJOURN or live in Philippine Territory;
Law a. Exception:
 Treaties and laws of preferential application
 Public international law or treaty stipulations
2. Territorial – criminal laws undertake to punish crimes committed within the
Philippine Territory
a. Article I of the 1987 Constitution
b. Exceptions
i. Crime committed while in a Ph (registered) Ship or Airship
1. Applies only when the ship is in the high seas, if it is within the territory of
another country, that country takes cognizance of the case
ii. Should counterfeit or forge coins or obligations and securities
issued by the Philippine Government
1. Economic interest
iii. Should be liable for acts connected to the introduction into
the Philippines such forged or counterfeit money
iv. Public officers committing a crime as such in connection with
their functions
v. Crimes against national security and the law of nations
3. Prospective – crimes are punished under the laws effective at the time of its
commission
o Slightly different from ex post facto law
o Prospectivity simply means that criminal laws should be applied to
acts committed from its effectivity
 Exception: when the law is favorable to the accused
 Exception to this exception – when the law expressly
provides
 When the accused is a habitual criminal

Article 1. effectivity of the January 01, 1932

Code
Art. 2. Application of Territoriality Principle
Provisions Except as provided for by treaties and laws of preferential treatment, criminal laws
shall be enforced not only within the Philippine Territory but also outside of its
jurisdictions. (enumerated exceptions to the territoriality principle)

Title One: Felonies and Circumstances which Affect Criminal Liability

Art. 3. Felonies defined Are acts and omissions punishable by law.
Felonies are committed not only by means of deceit (dolo) or fault (culpa)
 There is deceit when the act is done with deliberate intent; and there is fault when
the acts results from imprudence, negligence, lack of foresight, or lack of skill.
Elements of Felonies:
a. There is an act or omission;
b. The act is punishable by law; and
c. The act is done either by dolo or culpa
Requisites of Dolo or Malice
- Freedom
- Intelligence
- Intent – is presumed and the presumption arises from proof of the
commission of an unlawful act.
Note: Acts done negligently are voluntary.
Criminal intent is presumed from the commission of an unlawful act. On the
contrary, the presumption of criminal intent does not arise from the commission
of an act which is not unlawful. Furthermore, criminal intent may be rebutted by
proof of lack of such intent.
Mistake of Fact
While ignorance of the law excuses no one from compliance therewith, ignorance
or mistake of fact relieves the accused of criminal liability.
Requisites:
 The act would have been lawful had the facts been as the accused
believed them to be;
 That the intent of the accused in performing such act should be lawful;
and
 There is no negligence on his part.
Note:
Mistake of fact is not a valid defense when the accused is
Mistake of Identity Mistake in the identity of the victim do not relieve an accused of an unlawful act.

Note: An unlawful act done without malice or negligence is not punishable under
the RPC. However, special laws may punish acts which although they may not be
malicious or negligent. Thus, good faith and absence of criminal intent is not a
valid defense in crimes punished by special laws.

Art. 4. Criminal Liability Criminal liability is incurred by any person:

1. Who commits a felony, even though the wrongful act done be different
from what he intended;
a. When a person commits intentional felony, he is liable for all the
consequences of such act;
b. However, the felony (that is, a crime punished under the RPC) must
be INTENTIONAL or by dolo and not by culpa
c. Act done be different from what was intended- can happen under
these circumstances:
i. Mistake in identity;
ii. Mistake in the blow;
iii. Injurious result is greater than intended
2. Who performs an act which would have been an offense against person or
property were it not for the inherent impossibility of its commission or the
use of inadequate or ineffectual means.
Impossible Crime Requisites:
1. Offender performs an act which would be an offense against persons or
property;
2. Offender performed an act with evil intent;
3. Offender did not commit the offense because of the impossibility of its
accomplishment or employment of ineffectual or inadequate means; and
4. Offender in performing an act is not violating another provision of law.

Note:
Preparatory Acts are not punishable EXCEPT in cases where the law specifically
provides for their punishment such as in conspiracy to commit rebellion,
possession of picklocks.

Theft is committed by any person who, with intent to gain, but without violence
against or intimidation of persons nor force upon things, shall take personal
property of another without the latter’s consent. Medina vs. People, 759 SCRA 65,
 G.R. No. 182648 June 17, 2015
Ability to dispose of the thing taken away is not an element of the crime theft,
thus the mere unlawful taking of the item consummates the crime. Thus, Theft
CANNOT HAVE A FRUSTRATED STAGE.

Formal Crimes:
- Such as slander, false testimony, perjury and illegal possession of picklocks are
those which are consummated by one instant or the performance of a single
act of execution. They have no attempted or frustrated stage.
- Physical injuries is also a formal crime
- Acts of lasciviousness
- Coup d’etat – has no attempted stage. However, there is a crime for
conspiracy to commit coup d’etat
Art. 8. Conspiracy and These are not punishable except in cases specifically provided for by the Code.
Proposal There is proposal to commit a crime when a person who has decided to commit a
crime proposes its execution to another person.
Following are punishable;
1. Proposal to commit rebellion or coup d’etat;
2. Sedition
3. Arson
4. Terrorism
5. Trafficking dangerous drugs
6. Child pornography
7. Money laundering
8. treason

Elements of Conspiracy as a crime:

1. there is agreement to commit a crime (AGREEMENT);
2. the persons must be decided to commit such crime (DECISION);
3. there is a law punishing such conspiracy (PROHIBITION); and
4. the crime must not have been actually committed.
Requisites of CONSPIRACY as a means of incurring criminal liability;
1. there must be conspiracy to commit the crimes;
2. actual commission of the crime agreed upon; and
3. each conspirator performs an act or acts in furtherance of the crime
Note:
Those who do not participate, failed to participate or perform any act in furtherance
of the crime cannot be liable as a co-conspirator. However, the mastermind of the
conspiracy will still be liable even if he was not at the scene of the crime or did not
participate in its commission by being a principal by inducement.

Detaching from the conspiracy

In order to be absolved of liability, the co-conspirator must perform an act which
detaches himself of the conspiracy, such as;
a. dissuading others from the commission of the crime agreed upon;
b. calling police officers to apprehend or block the operation;
c. fleeing from the scene;
d. or other overt acts or efforts.
Note:
Generally, there can be no conspiracy to commit a culpable felony. As an exception,
there is the principle of conspiracy by silence or inaction. For example, in a case where
there is gross inexcusable negligence by a public officer, and the officers’ inexcusable
negligence to question irregularities may indicate a community of understanding
respecting the commission of the crime. Thus all are liable.

Imputability Doctrine
- the act of an offender is imputable against his co-conspirators even if they are
not similarly situated in relation to the object of the crime.
Examples:
1. Malversation – may only be committed by a public officer. However, the same
may be imputed against co-conspirators even if they are not similarly situated.
Adoption of Intention Doctrine
- Even if one co-conspirator did not have the intention (to gain, for example, in
carnapping) he is liable as well because the intent to gain of one of the
conspirators is imputable to everyone.
Commission of other crime
Commission of other crime by one of the conspirators may or may not make a co-
 conspirator liable.
If the other crime committed is a natural or logical consequence of the crime agreed
upon, they are all liable even if only one of the conspirators committed the same.
Committing of Rape or Homicide in the Course of Robbery by Band
- All those who participated in the Robbery will also be liable for Rape or
Homicide committed by one of the members, unless it can be shown that one
attempted to prevent the same. Also, one member may not be liable for
Robbery with homicide or rape if he was not present during the commission of
rape or homicide. The same is true if one was not aware of such commission
thereby not allowing him to prevent the same.
Multiple Offenses Recidivism, Quasi-recidivism, reiteracion, Habitual Delinquent
Delito Continuado Elements
1. Plurality of acts performed separately during a period of time (acts are plural,
done separately, within a period of time);
2. Single criminal impulse ; and
3. Single penal provision violated.

Exempting Circumstances 1. Insanity or Imbecility UNLESS he acted in his lucid interval. There must be
complete lack of intelligence or freedom, otherwise it will not completely
exempt the accused. (Lack of Intelligence or freedom)
2. Minority (lack of Intelligence)
a. Absolute Exemption - 15 years or under exempts one from criminal
liability.
b. Conditional Exemption – UNDER 18 years but above 15 years,
provided he did not act with discernment
3. While performing a lawful with due care, causes an injury by mere accident
without malice or culpa; (Lack of Intent and Negligence)
4. Action under compulsion an irresistible force; (Lack of Freedom)
a. The force must be physical
b. Must be irresistible; and
c. Coming from a third person.
5. Acts because of an uncontrollable fear of an equal or greater evil or injury;
(Lack of Freedom) (Under Duress)
a. Compulsion is because of fear or threat, and not of physical force
Elements:
1. Uncontrollable fear;
2. Must be real and imminent;
3. Injury feared of must be equal or greater than injury to be produced.
6. One who fails to perform an act required by law due to a lawful or insuperable
cause.
Other Absolutory Causes 7. Spontaneous desistance by accused before he could perform all acts of
execution of a crime; meaning the crime is still at the attempted stage;
8. Accessories who are exempt from criminal liability;

Summary