Criminal Law
"Future Detective/Officer! Criminal Law is the bread and butter ng Criminology. Wag matakot sa Latin terms - himayin natin yan para ma-master mo ang foundation ng criminal justice system!"
1. The Revised Penal Code (RPC) 📜
Ito ang BIBLE ng Criminology students! Act No. 3815, effective December 8, 1930. Divided into two books:
📘 BOOK ONE: General Principles
- • Title I - Felonies and Circumstances
- • Title II - Persons Criminally Liable
- • Title III - Penalties
- • Title IV - Criminal and Civil Liability
- • Title V - Extinction of Criminal Liability
📕 BOOK TWO: Specific Crimes
- • Crimes Against National Security
- • Crimes Against Persons (Murder, Homicide)
- • Crimes Against Property (Robbery, Theft)
- • Crimes Against Honor (Libel)
- • Crimes Against Chastity
⚖️ Three Fundamental Characteristics of Criminal Law:
| Characteristic | Latin Maxim | Meaning | Exceptions |
|---|---|---|---|
| Generality | Lex loci | Applies to ALL persons within PH territory | Heads of State, Ambassadors, Diplomats |
| Territoriality | Lex situs | Applies only within Philippine territory | Article 2 RPC Exceptions (treason, piracy, etc.) |
| Prospectivity | Nullum crimen, nulla poena sine lege | Laws apply only to future acts | Favorable retroactivity (pro reo) |
2. Felonies (Article 3, RPC) ⚡
FELONY = Acts and omissions punishable by law, committed by means of dolo (deceit) or culpa (fault).
🎯 DOLO (Intentional Felonies)
Elements: FREEDOM + INTELLIGENCE + INTENT
- • Deliberate intent to do wrong
- • "Malice" or "criminal intent"
- • Examples: Murder, Robbery, Kidnapping
⚠️ CULPA (Culpable Felonies)
Elements: FREEDOM + INTELLIGENCE + NEGLIGENCE
- • No intent but through negligence/imprudence
- • Lack of foresight or lack of skill
- • Examples: Reckless Imprudence, Simple Negligence
📊 Classification of Felonies by Gravity:
| Classification | Penalty Range | Examples | Prescription Period |
|---|---|---|---|
| GRAVE | Afflictive penalties (6 yrs + 1 day to Reclusion Perpetua/Death) | Murder, Rape, Robbery with Violence | 15-20 years |
| LESS GRAVE | Correctional penalties (1 mo + 1 day to 6 years) | Homicide, Less Serious Physical Injuries | 10 years |
| LIGHT | Light penalties (1 day to 30 days) | Slight Physical Injuries, Theft < ₱50 | 2 months |
3. Stages of Execution (Articles 6-10) 📈
Hindi lahat ng krimen ay "tapos na." May stages yan - at iba-iba ang penalty per stage!
🎯 CONSUMMATED
All elements performed; crime completed
Penalty: Full penalty prescribed by law
📍 FRUSTRATED
Offender performs ALL acts but result not produced due to cause independent of his will
Penalty: One degree lower
🚀 ATTEMPTED
Offender commences directly by OVERT ACTS but doesn't perform all acts due to cause other than own desistance
Penalty: Two degrees lower
💡 EXAM TIP: Key Distinctions
- • Frustrated vs Attempted: In frustrated, ALL acts are performed but crime not completed. In attempted, NOT all acts are performed.
- • No Frustrated Rape: Rape has no frustrated stage - either attempted or consummated (People v. Orita)
- • Formal Crimes: Crimes consummated by mere attempt (e.g., Flight to enemy's country)
4. Modifying Circumstances ⚖️
Circumstances that MODIFY the penalty - pwedeng mag-increase o mag-decrease!
✅ JUSTIFYING (Art. 11) - NO CRIMINAL LIABILITY
1. Self-defense
Elements: Unlawful aggression, Reasonable necessity, Lack of provocation
2. Defense of Relatives
Spouse, ascendants, descendants, brothers/sisters
3. Defense of Stranger
Not induced by revenge/resentment
4. Fulfillment of Duty/Lawful Exercise of Right
Acting in official capacity
5. Obedience to Superior Order
Lawful order for lawful purpose
6. State of Necessity
Avoidance of greater evil
⚠️ EXEMPTING (Art. 12) - CRIMINAL BUT NO PENALTY
📉 MITIGATING (Art. 13) - REDUCES PENALTY
📈 AGGRAVATING (Art. 14) - INCREASES PENALTY
5. Criminal Participation 👥
📊 Degree of Participation:
| Participant | Role | Penalty |
|---|---|---|
| PRINCIPAL | By direct participation, inducement, or indispensable cooperation | Full penalty |
| ACCOMPLICE | Cooperates by previous or simultaneous acts NOT indispensable | One degree lower |
| ACCESSORY | After-the-fact participation (harboring, destroying evidence, profiting) | Two degrees lower |
🤝 CONSPIRACY (Article 8)
Definition: Two or more persons agree to commit a felony AND decide to commit it.
Effect: "The act of one is the act of all" - all conspirators are PRINCIPALS!
Remember: Conspiracy must be proven, not presumed. May be inferred from coordinated acts.
6. Crimes Against Persons 💀
Pinaka-common sa board exam! Alam mo ba ang difference ng Murder at Homicide?
☠️ Killing Crimes Comparison:
| Crime | Key Elements | Penalty |
|---|---|---|
| MURDER (Art. 248) | Homicide + Qualifying circumstances (treachery, evident premeditation, price/reward/promise, flood/fire/poison/explosion, cruelty) | Reclusion Perpetua to Death |
| HOMICIDE (Art. 249) | Killing another WITHOUT qualifying circumstances | Reclusion Temporal |
| PARRICIDE (Art. 246) | Killing one's parent, child, spouse, ascendant, descendant | Reclusion Perpetua to Death |
| INFANTICIDE (Art. 255) | Killing a child less than 3 days old | Depends on relationship |
🔪 Physical Injuries (Art. 262-266)
- • Mutilation: Intentionally depriving of organ/limb
- • Serious PI: Incapacity > 30 days, deformity, loss of organ
- • Less Serious PI: Incapacity 10-30 days
- • Slight PI: Incapacity 1-9 days
🚫 Rape (Art. 266-A, as amended by RA 8353)
- • Now a crime against persons (not chastity)
- • Includes marital rape
- • Gender-neutral (male victims recognized)
- • Statutory rape: victim < 12 years old
7. Crimes Against Property 💰
💵 Property Crimes Comparison:
| Crime | Definition | Key Element |
|---|---|---|
| ROBBERY | Taking personal property with violence/intimidation OR force upon things | Violence, intimidation, or force |
| THEFT | Taking personal property WITHOUT violence/intimidation | Taking without consent |
| ESTAFA (Swindling) | Defrauding through false pretenses, fraudulent acts, or abuse of confidence | Deceit/fraud causing damage |
| MALICIOUS MISCHIEF | Deliberately destroying property of another | Destruction without taking |
💡 EXAM TIP: Robbery vs Theft
The KEY difference is VIOLENCE or INTIMIDATION. If someone threatens you while taking your bag = Robbery. If someone pickpockets you without your knowledge = Theft.
📝 Practice Questions
1. A killed B by shooting him from behind without any warning. What qualifying circumstance is present?
Show Answer
TREACHERY (Alevosia) - The attack was sudden and unexpected, giving B no opportunity to defend himself. This qualifies the killing to MURDER.
2. X intended to kill Y but Y survived due to timely medical intervention. What stage is this?
Show Answer
FRUSTRATED - X performed ALL acts of execution (shot Y with intent to kill), but death did not result due to a cause independent of X's will (medical intervention).
3. A, B, and C agreed to rob a bank. During the robbery, A shot and killed a guard. What is the criminal liability of B and C?
Show Answer
ALL are liable for ROBBERY WITH HOMICIDE. Under conspiracy, "the act of one is the act of all." Even though only A pulled the trigger, B and C share equal criminal liability as principals.
4. A husband kills his wife's paramour whom he surprised in the act of having sexual intercourse with his wife. What circumstance applies?
Show Answer
Article 247 (Death Under Exceptional Circumstances) - The husband is not criminally liable for the death. He would only be liable for destierro (banishment) if his wife is not killed/seriously injured.
🎯 Exam Strategy Tips
📚 High-Yield Topics:
- ✓ Stages of Execution (Attempted vs Frustrated)
- ✓ Modifying Circumstances (especially Justifying)
- ✓ Murder vs Homicide vs Parricide
- ✓ Robbery vs Theft distinctions
- ✓ Conspiracy and its effects
💡 Memory Tips:
- ✓ "JEMAA" - Justifying, Exempting, Mitigating, Aggravating, Alternative
- ✓ "PAC" - Principal, Accomplice, Accessory
- ✓ "FLIP" - Freedom, Lawfulness, Intent, Physical act
- ✓ Treachery = "Walang pakialam sa laban"
Test Your Knowledge! 🧠
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