Criminal Jurisprudence
Revised Penal Code, Elements of Crime, Circumstances & Penalties
Basic Concepts
Crime
An act or omission punishable by law. It is committed or omitted in violation of public law forbidding or commanding it.
Criminal
A person who has committed a crime or has been convicted by a court of a criminal offense.
Criminal Law
A branch of law that defines crimes, treats of their nature, and provides for their punishment.
Felony
Acts or omissions punishable by the Revised Penal Code. Distinguished from offenses (punished by special laws).
Revised Penal Code - Key Articles
| Article | Title | Key Points |
|---|---|---|
| Art. 1 | Time when law takes effect | 15 days after complete publication in Official Gazette |
| Art. 2 | Territorial application | Applies within Philippine territory; exceptions exist for crimes committed abroad |
| Art. 3 | Definition of felony | Acts/omissions punishable by RPC, committed through dolo (deceit) or culpa (fault) |
| Art. 4 | Criminal liability | Incurred by commission, or by means of another crime (praeter intentionem) |
| Art. 5 | Duty of court | Court must impose prescribed penalty even if excessive; may recommend executive clemency |
| Art. 6 | Stages of execution | Attempted, Frustrated, Consummated |
| Art. 8 | Conspiracy and proposal | When 2+ persons agree to commit a felony and decide to commit it |
Stages of Execution (Art. 6)
Attempted
Offender begins execution but does not complete all acts
Non-completion due to cause other than spontaneous desistance
Penalty: 2 degrees lower
Frustrated
All acts of execution performed but crime not produced
Non-production due to cause independent of offender's will
Penalty: 1 degree lower
Consummated
All acts of execution performed and crime is produced
All elements of the crime are present
Penalty: Full penalty prescribed
Example: Murder
- Attempted: A stabs B but B escapes with minor wound
- Frustrated: A stabs B hitting vital organ, but B survives due to medical intervention
- Consummated: A stabs B and B dies
Justifying Circumstances (Art. 11)
When present, there is NO CRIME and NO CRIMINAL LIABILITY. The act is justified by law.
1. Self-Defense
Three elements (ALL must be present):
- Unlawful aggression - Actual or imminent unlawful attack (MOST ESSENTIAL)
- Reasonable necessity - Means employed must be reasonable
- Lack of sufficient provocation - Defender must not have provoked the attack
2. Defense of Relatives
Same elements as self-defense, PLUS relationship requirement:
Spouse, ascendants, descendants, legitimate/natural/adopted siblings, relatives by affinity (same degree), relatives by consanguinity (4th civil degree)
3. Defense of Stranger
Same elements, PLUS: Defender is not induced by revenge, resentment, or other evil motive
4. Avoidance of Greater Evil (State of Necessity)
Evil sought to be avoided actually exists; injury feared must be greater than injury caused; no practical means to avoid it
5. Fulfillment of Duty or Lawful Exercise of Right
Offender acted in lawful exercise of duty/right; injury caused is necessary consequence
6. Obedience to Superior Order
Order is for lawful purpose; means to carry out order is lawful
Exempting Circumstances (Art. 12)
There IS a crime, but NO CRIMINAL LIABILITY (no voluntariness or intelligence).
1. Imbecility or Insanity
Unless acted during lucid interval
2. Minority
Under 15 years old (absolute); 15-18 without discernment
3. Accident
Without fault or intention, while performing lawful act with due care
4. Irresistible Force
Physical force that reduces person to mere instrument
5. Uncontrollable Fear
Fear of equal or greater injury
6. Lawful Cause
Act required or authorized by law (failure to perform duty)
R.A. 9344 (Juvenile Justice Act)
- Below 15 years: Exempt from criminal liability
- 15-18 years without discernment: Exempt
- 15-18 years with discernment: Criminally liable but with reduced penalty
Mitigating & Aggravating Circumstances
Art. 13Mitigating (Reduce Penalty)
- Incomplete justifying/exempting circumstance
- Under 18 or over 70 years old
- No intention to commit so grave a wrong
- Sufficient provocation by offended party
- Immediate vindication of grave offense
- Passion or obfuscation
- Voluntary surrender / Voluntary confession
- Physical defect limiting means of defense
- Illness diminishing willpower
Art. 14Aggravating (Increase Penalty)
- Treachery (alevosia)
- Evident premeditation
- Abuse of superior strength
- Nighttime, uninhabited place, band
- Recidivism
- Dwelling of the offended party
- Contempt of public authorities
- Craft, fraud, or disguise
- Cruelty (deliberate augmentation of suffering)
Classification of Penalties
Capital Penalty
Death (currently suspended under R.A. 9346)
Afflictive Penalties
- Reclusion Perpetua (20 years and 1 day to 40 years)
- Reclusion Temporal (12 years and 1 day to 20 years)
- Perpetual/Temporal Absolute Disqualification
- Prision Mayor (6 years and 1 day to 12 years)
Correctional Penalties
- Prision Correccional (6 months and 1 day to 6 years)
- Arresto Mayor (1 month and 1 day to 6 months)
- Suspension
- Destierro (banishment)
Light Penalties
- Arresto Menor (1 day to 30 days)
- Public censure
Key Definitions
Dolo (Deceit) - Intentional felony; with malice or deliberate intent
Culpa (Fault) - Culpable felony; through negligence, imprudence, lack of foresight/skill
Praeter Intentionem - Result exceeded the intent (e.g., intended injury but caused death)
Aberratio Ictus - Mistake in blow; wrong person injured due to poor aim
Error in Personae - Mistake in identity; wrong person targeted
Treachery (Alevosia) - Sudden attack without risk to attacker from victim's defense