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Article 1. Time when Act takes e ect.
— This Code shall take (a) There is an active force that intervened between the
e ect on the first day of January, nineteen hundred and felony committed and the resulting injury, and the thirty-two. active force is a distinct act of fact absolutely foreign from the felonious act of the accused; or Art. 2. Application of its provisions. — Except as provided in (b) The resulting injury is due to the intentional act of the treaties and laws of preferential application, the the victim provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior E cient Intervening Cause (EIC) is an active force which is a waters and maritime zone, but also outside of its distinct act absolutely foreign from the felonious act of the jurisdiction, against those who: o ender. Therefore, in order that an act is considered an EIC, it is necessary that it is totally foreign from the felonious 1. Should commit an o ense while on a Philippine act that is performed by the o ender. ship or airship 2. Should forge or counterfeit any coin or currency PC is not always the immediate cause. At times, it may be a note of the Philippine Islands or obligations and remote cause. securities issued by the Government of the Philippine Islands;chan robles virtual law library For one to be criminally liable under the Proximate Cause 3. Should be liable for acts connected with the Doctrine, it is necessary that there is no e cient intervening introduction into these islands of the obligations cause that broke the chain between the felonious act and and securities mentioned in the presiding number; the resulting felony. 4. While being public o cers or employees, should commit an o ense in the exercise of their functions; The first thing you should do is to determine if the person is or committing a felonious act. If not, a person cannot be held 5. Should commit any of the crimes against national liable for the resulting felony. security and the law of nations, defined in Title One of Book Two of this Code. Circumstances that may vary criminal liability:
Title One ➔ Abberatio Ictus (mistake in the blow) FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL - situation wherein the o ender directed a blow at LIABILITY his intended victim but because of poor aim, the blow landed on another victim. Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be ➔ Error in Personae (mistake in identity) means of deceit (dolo) but also by means of fault (culpa). - it is a situation wherein, for example, the victim There is deceit when the act is performed with deliberate actually received the bullet but he was mistaken to intent and there is fault when the wrongful act results from be the intended victim. The intended victim was not imprudence, negligence, lack of foresight, or lack of skill. at the scene of the crime.
Art. 4. Criminal liability. — Criminal liability shall be E ects: incurred: - If there is variance between the intended and actual crime committed, mitigating 1. By any person committing a felony (delito) although - If none, no e ect on the criminal liability of the the wrongful act done be di erent from that which o ender he intended. 2. By any person performing an act which would be Under Art. 49, in case of Error in Personae, when an o ense against persons or property, were it not there is a variance between the intended crime and for the inherent impossibility of its accomplishment the actual crime committed, you have to compare or an account of the employment of inadequate or the two. Whichever has a lesser penalty, that ine ectual means. penalty has to be imposed.
Proximate Cause is “that cause, which, in natural and ➔ Praeter Intentionem (when the consequence went continuous sequence, unbroken any e cient intervening beyond the intention) cause, produces the injury, and without which the result - The injurious result is far greater than what is would not have occurred”. intended.
For one to be criminally liable under the PCD, it is not Impossible Crime is an o ense against persons or property, necessary that the o ender should have even touch the were it not for the inherent impossibility of its body of the victim. It su ces that the felonious act accomplishment or an account of the employment of performed by the o ender has generated in the mind of the inadequate or ine ectual means. victim, fear for his life. By reasons of that fear for his life the victim performed acts, made risk that injured himself. The The o ender is being punished because of his criminality accused will become criminally liable. and dangerousness.
Elements of PC: Elements for a person to be liable of IC: 1. The intended act is a felonious act 2. The resulting act is a felony 1. That the act done would have been an o ense 3. The resulting act is the direct, natural, and logical against persons or property consequence of the felonious acts of the o ender. 2. That the act was done with evil intent 3. That the act was not accomplished because of its The felony committed is NOT the PC of the resulting injury inherent impossibility or the employment of when: inadequate or ine ectual means 4. That the act done should constitute any other violation of the RPC 2 Phases in the Commission of the Crime Factual Impossibility - when an extraneous circumstance unknown to the o ender prevented the consignation of the 1. Subjective Phase - he still has control over his acts. crime. He may or may not proceed in the commission of the crime. Example: A person placed his hands inside the pocket of the 2. Objective Phase - from the moment the o ender polo of another, intended to get the wallet of the said person uses control over his acts, it is already in the but the pocket was empty. It is an Impossible Crime. objective phase of the commission of the crime. Extraneous Circumstances unknown to the o ender prevented the consignation of the crime. Unknown to him, In the development of the crime, we have: the wallet was not inside his pocket. It is an IC because it would have amounted to theft, a crime against property. 1. Internal Act - mere criminal thoughts. Not punishable. Legal Impossibility - when all the intended acts even if 2. External Act - includes preparatory acts and acts of committed would not have amounted to a crime. execution. ● Preparatory Acts - not yet punishable because they Example: X saw his enemy Y lying on a bench. He went to Y are not yet connected to a particular felony. and stabbed Y ten times not knowing that Y had already been dead for 2 hours due to a heart attack Even if X Example: Conspiracy to commit a crime, proposal to performed all the acts amounting to murder, still murder commit a crime -> merely preparatory acts. would not arise which is a crime against person because the victim is already deceased. He is no longer a person in the ● Acts of Execution - this is the actual act of eyes of criminal law. Therefore there is IC and what we have committing the crime (attempted, frustrated, and is Legal Impossibility. consummated)
Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, 1. Consummated Felony - when all the elements and in cases of excessive penalties. — Whenever a court has necessary for its execution and accomplishment knowledge of any act which it may deem proper to repress are present. and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, 2. Frustrated Felony - when the o ender performs all through the Department of Justice, the reasons which the acts of execution which would produce the induce the court to believe that said act should be made felony as a consequence but which, nevertheless, the subject of legislation. do not produce it by reason of causes independent of the will of the perpetrator. In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such Elements: statement as may be deemed proper, without suspending - The o ender performs all the acts of execution the execution of the sentence, when a strict enforcement of - All the acts performed would produce the felony the provisions of this Code would result in the imposition of as a consequence a clearly excessive penalty, taking into consideration the - But the felony is not produced degree of malice and the injury caused by the o ense. - By reason of causes independent of the will of the perpetrator The first paragraph of this article which contemplates a trial of a criminal case requires the following:
1. The act committed by the accused appears not 3. Attempted Felony - when the o ender commences punishable by any lw; the commission of a felony directly by overt acts, 2. But the court deems it proper to repress such act; and does not perform all the acts of execution 3. In that case, the court must render the proper which should produce the felony by reason of some decision by dismissing the case and acquitting the cause or accident other than his own spontaneous accused; desistance. 4. The judge must make a report to the Chief Executive, through the Secretary of Justice, stating Elements: the reasons which induce him to believe that the - The o ender commences the commission of the said act should be made the subject of penal felony directly by overt acts; legislation. - He does not perform all the acts of execution which should produce the felony Art. 6. Consummated, frustrated, and attempted felonies. — - The o ender’s act is not stopped by his own Consummated felonies as well as those which are frustrated spontaneous desistance and attempted, are punishable. A felony is consummated - The non-performance of all acts of execution was when all the elements necessary for its execution and due to cause or accident other than his accomplishment are present; and it is frustrated when the spontaneous desistance o ender performs all the acts of execution which would produce the felony as a consequence but which, Overt Acts - refers to any external act, if allowed to nevertheless, do not produce it by reason of causes continue will logically and naturally ripen into a independent of the will of the perpetrator. There is an crime. What the law requires is that the overt act attempt when the o ender commences the commission of a must be directly connected to the intended felony. felony directly or over acts, and does not perform all the acts of execution which should produce the felony by Indeterminate O ense - it is one where the purpose reason of some cause or accident other than this own of the o ender in performing an act is not certain. spontaneous desistance. Its nature in relation to its objective is ambiguous.
Frustrated felony distinguished from attempted felony Conspiracy - an act in which 2 or more persons come to an agreement concerning the commission of a felony. ➔ In both, the o ender has not accomplished his criminal purpose Proposal to commit felony is a unilateral act.. Only 1 person ➔ While in frustrated felony, the o ender has who has decided to commit the felony proposes it to performed all the acts of execution which would another person. produce the felony as a consequence. In attempted, the o ender does not perform all the acts of Requisites of conspiracy execution. 1. That 2 or more persons came to an agreement Attempted or frustrated felony distinguished from 2. That the agreement concerned the commission of a Impossible Crime felony 3. That the execution of the felony be decided upon ➔ In impossible crime, the evil intent of the o ender cannot be accomplished, in attempted or Art. 9. Grave felonies, less grave felonies and light felonies. — frustrated felony the evil intent of the o ender is Grave felonies are those to which the law attaches the possible of accomplishment capital punishment or penalties which in any of their periods are a ictive, in accordance with Art. 25 of this Manner of committing the crime Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are Formal crimes - consummated in one instant, no attempt. correctional, in accordance with the above-mentioned (e.g. slander and false testimony) article. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not Crimes consummated by mere attempt or proposal or by exceeding 200 pesos or both; is provided. overt act - e.g. flight to enemy’s country, corruption of minors KINDS OF FELONIES ACCORDING TO SEVERITY
Felony by omission - there can be no attempted stage when Grave felonies are those to which the law attaches the the felony is by omission, because in this kind of felony the capital punishment or penalties which in any of their o ender does not execute acts. periods are a ictive, in accordance with Art. 25 of this Code.
Crimes requiring the intervention of two persons to commit Less grave felonies are those which the law punishes with them are consummated by mere agreement - e.g. betting in penalties which in their maximum period are correctional, in sports contest and corruption of public o cer accordance with the above-mentioned article.
Material Crimes - if a crime does not admit of any stages of Light felonies are those infractions of law for the attempted, frustrated, and consummated (rape doesn’t have commission of which a penalty of arrest menor or a fine not frustrated stage, but it’s still a material crime) exceeding 200 pesos or both; is provided.
➔ Consummated rape Art. 10. O enses not subject to the provisions of this Code. — ➔ Attempted rape O enses which are or in the future may be punishable ➔ Consummated homicide under special laws are not subject to the provisions of this ➔ Frustrated murder Code. This Code shall be supplementary to such laws, ➔ Attempted homicide unless the latter should specially provide the contrary.
Art. 7. When light felonies are punishable. — Light felonies -special laws which has a di erent punishment and are punishable only when they have been consummated, approach than the RPC with the exception of those committed against person or property.chan robles virtual law library Art. 11. Justifying circumstances. — The following do not incur any criminal liability: Light felonies - infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 1. Anyone who acts in defense of his person or rights, 200 pesos, or both, is provided (Art. 9, par. 3) provided that the following circumstances concur;
➔ Slight physical injuries (Art. 266) First. Unlawful aggression. ➔ Theft (Art. 309, pars. 7 and 8) Second. Reasonable necessity of the means employed to ➔ Alteration of boundary marks (Art. 313) prevent or repel it. ➔ Malicious mischief (Art. 328, par. 3; Art. 329, par. 3) Third. Lack of su cient provocation on the part of the ➔ Intriguing against honor person defending himself.
The penalty for the above-mentioned crimes is arresto 2. Any one who acts in defense of the person or rights of his menor (imprisonment from one day to 30 days), or a fine not spouse, ascendants, descendants, or legitimate, natural or exceeding 200 pesos). adopted brothers or sisters, or his relatives by a nity in the same degrees and those consanguinity within the fourth Art. 8. Conspiracy and proposal to commit felony. — civil degree, provided that the first and second requisites Conspiracy and proposal to commit felony are punishable prescribed in the next preceding circumstance are present, only in the cases in which the law specially provides a and the further requisite, in case the revocation was given penalty therefore. A conspiracy exists when two or more by the person attacked, that the one making defense had persons come to an agreement concerning the commission no part therein. of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its 3. Anyone who acts in defense of the person or rights of a execution to some other person or persons. stranger, provided that the first and second requisites mentioned in the first circumstance of this Art. are present and that the person defending be not induced by revenge, 3. Defense of a Stranger - act in a defense of a stranger resentment, or other evil motive. ➔ Unlawful aggression 4. Any person who, in order to avoid an evil or injury, does ➔ Reasonable necessity of the means employed to not act which causes damage to another, provided that the prevent or repel it following requisites are present; ➔ The person defending be not induced by revenger, resentment, or other evil motive First. That the evil sought to be avoided actually exists; Second. That the injury feared be greater than that done to 4. State of Necessity - Any person who, in order to avoid an avoid it; evil or injury, does not act which causes damage to another, Third. That there be no other practical and less harmful provided that the following requisites are present. means of preventing it. ➔ The evil sought to be avoided actually exists 5. Any person who acts in the fulfillment of a duty or in the ➔ The injury feared be greater than that to avoid lawful exercise of a right or o ce. ➔ There are no other practical and less harmful means of preventing it 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose 5. Fulfilment of a duty or in a lawful exercise of a right or o ce
Justifying circumstances - infractions wherein the o ender ➔ Accused acted in the performance of a duty or in is said to have acted within the bounds of law. He has not the lawful exercise of a right or o ce yet transgressed the law. Therefore there is no crime ➔ Injury caused or o ense committed be the committed, there is no criminal, there is no criminal liability, necessary consequence of the due performance of there is no civil liability. duty or the lawful exercise of such right or o ce
1. Self-defense - defense of one’s life, honor, and property. 6. Obedience to an order issued by a superior for some lawful purpose ➔ Unlawful aggression - equivalent to assault or at least threatened assault of an immediate and ➔ An order has been issued by a superior imminent kind. There must be an actual force or ➔ Such order must be for some lawful purpose actual use of weapon. ➔ Means used by the subordinate to carry out said order is lawful ➔ Reasonable necessity of the means employed to prevent or repel it - the law requires rational R.A. 9262 “Anti-Violence Against Women and Children” equality. Rational is the means employed. Rationally necessary to prevent or repel it. AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR Factors: VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR - Nature and the number of the weapon used by the OTHER PURPOSES. aggressor - Physical condition, size, weight, and other Art. 12. Circumstances which exempt from criminal liability. personal circumstances of the aggressor versus — the following are exempt from criminal liability: that of the person defending himself - Place and location of the assault 1. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an ➔ Lack of su cient provocation on the part of the insane person has committed an act which the law defines person defending himself as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons Provocation - refers to any immoral act or conduct, thus a icted, which he shall not be permitted to leave unjustified act or conduct which stirs a person to without first obtaining the permission of the same court. do wrong 2. A person under nine years of age. Su cient Provocation - adequate to stir a person to do the wrongful act and when it is 3. A person over nine years of age and under fifteen, unless proporationate to the gravity of the act. he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the 2. Defense of Relatives - defense of the person or rights of provisions of Art. 80 of this Code. When such minor is his spouse, ascendants, descendants, or legitimate, natural adjudged to be criminally irresponsible, the court, in or adopted brothers or sisters, or of his relatives by a nity conformably with the provisions of this and the preceding in the same degrees, and those by consanguinity within the paragraph, shall commit him to the care and custody of his fourth civil degree, provided that the first and second family who shall be charged with his surveillance and requisites prescribed in the next preceding circumstance education otherwise, he shall be committed to the care of are present. some institution or person mentioned in said Art. 80.
➔ Unlawful aggression 4. Any person who, while performing a lawful act with due ➔ Reasonable necessity of the means employed to care, causes an injury by mere accident without fault or prevent or repel it intention of causing it. ➔ In case of provocation was given by the person attacked, the one making the defense had no part 5. Any person who act under the compulsion of irresistible therein. force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.
Imbecility - a state where a person is already advanced in age but only have a thinking of a child between 2 and 7.
Insanity - disease of the mind and must completely impair the intelligence of the accused.
Minority/Age of criminal responsibility - When he is 15 or below, he is exempted from criminal liability - If he is over 15 but below 18, but he did not act with discernment, he is exempted from criminal liability - BUT if he is over 15 and under 18 and he acted with discernment, he will be prosecuted just like any other criminal - Court shall place the child in conflict with the law under suspended sentence, without the need of application. Provided however, that the suspension of the sentence shall still be applied even if the juvenile is already 18 years of age or more at the time of the pronouncement of his guilt. As long as he is 18 years and below at the time of the commission of crime, he can still benefit from the suspended sentence.
Accident without fault or intention of causing it - only exempted from criminal liability but not in civil liability. It is akin to justifying circumstance. ➔ A person is performing a lawful act ➔ With due care ➔ He causes injury to another by mere accident
Compulsion of irresistible force ➔ compulsion is by means of physical force ➔ must be irresistible ➔ must come from a third person
Uncontrolled fear ➔ Existence of uncontrollable fear ➔ Must be real and imminent ➔ Fear of an injury is greater than or equal to that committed
Failure to perform an act required by law prevented by insuperable cause ➔ An act is required by law to be done ➔ A person fails to perform such an act ➔ Failure to perform such act was due to some lawful or insuperable cause