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.