Criminal law

1. General Principles of Criminal Law
  • Effectivity of the Revised Penal Code (RPC)

    • Took effect on January 1, 1932.

  • Characteristics of Criminal Law

    • Generality: Criminal law applies to all persons who reside or sojourn in Philippine territory, regardless of nationality.

    • Territoriality: Criminal law undertakes to punish crimes committed within the Philippine territory.

    • Exceptions to Territoriality (Article 2, RPC): Applies to offenses committed:

      • On a Philippine ship or airship.

      • Involving forging/counterfeiting coins or currency notes of the Philippines.

      • By public officers in the exercise of their official functions abroad.

      • Crimes against national security and the law of nations.

    • Prospectivity: Penal laws operate prospectively and cannot penalize acts committed prior to their enactment, except when favorable to the accused (provided the accused is not a habitual delinquent).

  • Mala in Se vs. Mala Prohibita

    • Mala in Se: Acts inherently wrong or immoral (punished under the RPC); criminal intent (dolo) is an essential element.

    • Mala Prohibita: Acts prohibited by specific statutes for public welfare; criminal intent is not required, and good faith is generally not a defense.

2. Felonies, Dolo, and Culpa
  • Elements of a Felony

    • An act or omission.

    • Punishable by law.

    • Committed by means of dolo (deceit) or culpa (fault).

  • Dolo (Deceit/Intentional Felonies)

    • Elements of Dolo:

    • Freedom: Voluntarily performing the act.

    • Intelligence: Ability to determine morality and consequences.

    • Intent: Purpose to bring about the unlawful result.

  • Culpa (Fault/Unintentional Felonies)

    • Committed due to imprudence, negligence, lack of foresight, or lack of skill without malice.

3. Criminal Liability and Execution Stages
  • Article 4 of the RPC

    • Criminal liability is incurred by any person committing a felony although the wrongful act done be different from that which was intended.

  • Mistakes / Aberrations in Intent

    • Aberratio Ictus (Mistake in the Blow): The offender directs the act toward one target, but hits another due to bad aim or accident.

    • Error in Personae (Mistake in Identity): The offender intends to strike a specific person but mistakes another individual for the target.

    • Praeter Intentionem: The injury or resulting felony exceeds what was originally intended by the perpetrator.

  • Proximate Cause

    • That cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the result would not have occurred.

  • Stages of Execution of a Felony

    • Attempted: The offender commences the commission directly by overt acts but fails to perform all acts of execution due to some cause or accident other than voluntary desistance.

    • Frustrated: The offender performs all acts of execution necessary to produce the felony, but the result is not produced due to causes independent of the perpetrator's will.

    • Consummated: All elements necessary for the execution and accomplishment of the felony are present.

4. Special Penal Laws and Related Crimes
  • Anti-Fencing Law (P.D. 1612)

    • Punishes the act of fencing, which involves buying, receiving, keeping, acquiring, or selling property known to be derived from theft or robbery.

  • Obstruction of Justice (P.D. 1829)

    • Punishes acts that knowingly obstruct, impede, frustrate, or delay the apprehension, investigation, or prosecution of criminal offenders.

5. Government Structure and Powers
  • Branches of Government

    • Executive Branch (Enforces laws).

    • Legislative Branch (Enacts laws).

    • Judicial Branch (Interprets laws).

  • Composition of Government Bodies

    • Supreme Court: Composed of 15 Justices (1 Chief Justice and 14 Associate Justices).

    • Senate: Composed of 24 Senators.

  • Power of Eminent Domain

    • The inherent power of the State to take private property for public use upon payment of just compensation.