REPUBLIC OF THE PHILIPPINES

National Capital Region

Philippine College of Criminology
641 Sales St., Quiapo Manila

CRIMINAL LAW BOOK 1 CLJ 3

Lesson 2 - 3
Atty. Shan Jerome Samoy

Sources of Criminal Law:

1.Revised Penal Code (Act No. 3815) and its amendments (REPUBLIC ACT NO. 10592,
Republic Act No. 10951)

- The Revised Penal Code or Act 3815 was first enacted in 1930 and took effect in
January 1, 1932. The code was drafted by a committee led by Jundge Anacleto
Diaz. The basis of the Revised Penal Code is the Spanish Codigo Penal.

- Violation to these laws is classified as felony

ELEMENTS OF A FELONY:
1. There must be an act or omission;
2. An act or omission is committed by means of Dolo/Culpa;
3. Such act or omission must be punished by the Code.

2.Special Penal laws

- Are those Criminal Laws passed by the Philippine Commission, Philippine

Assembly, Philippine Legislature, National Assembly, Batasang Pambansa, and
currently the Congress of the Philippines.

3. Penal Presidential Decrees issued during Martial Law

- Those passed during the martial law under the presidency of Ferdinand Emmanuel
Edralin Marcos Sr.

4. Local Ordinances

- Those laws passed by the local legislatives of each local government unit. These
local laws are applicable only within their respective political jurisdiction.

- Violation of special criminal law and ordinances is classified as offense

Crimes Mala In Se vs Crimes Mala Prohibita

 1. Crimes Mala In se

A crime or an act that is inherently immoral, such as murder, arson, or rape.

2. Crimes mala prohibita

An act that is considered a crime because it is prohibited by statute, although the

act itself is not necessarily immoral.

There is a common misconception that all mala in se crimes are those found in the
Revised Penal Code (RPC), while all mala prohibita crimes are those provided by
special penal laws. In reality, however, there may be mala in se crimes under special
laws, such as plunder under R.A. No. 7080, as amended. Similarly, there may be mala
prohibita crimes defined in the RPC, such as technical malversation.

The Supreme Court explained in number of cases1 that, it must be noted that not all
crimes punishable by the RPC are mala in se. In the same way, not all offenses
punishable under special laws are mala prohibita.

In the case of Dungo v. People,2 the Court clarified that not all mala in se crimes are
found in the RPC, there are those which are provided for under special penal laws such
as plunder, which is penalized under R.A. No. 7080, as amended. Likewise, there
are mala prohibita crimes in the RPC, such as technical malversation.

In fine, the classification of a crime into mala in se and mala prohibita is not
determined solely on the law which punishes them. Rather, the primordial consideration
is "the inherent immorality or vileness of the penalized act." If the punishable act or
omission is fundamentally immoral, then it is a crime mala in se. If not, but the same is
nonetheless penalized by a statute based on legislative wisdom to promote public policy,
then it is mala prohibita.

How to differentiate Crimes Mala In Se vs Mala Prohibita?

Basis of Distinction Crime Mala In Se Crime Mala Prohibita

Definition A crime or an act An act that is
that is inherently considered a crime
immoral, such as because it is
murder, arson, or prohibited by
rape. statute, although the
act itself is not
necessarily immoral.

1
PP vs Ramoy, G.R. No. 212738. March 09, 2022; Estrada vs Sandiganbayan, G.R. No.
148560 November 19, 2001; Demata vs PP, G.R. No. 228583, September 15, 2021.
2
762 Phil. 630, 658 (2015).
 Use of Good Faith as a Valid Defense Not a Valid Defense
Defense
Criminal Intent as an Criminal Intent is Criminal Intent is not
Element Necessary Necessary
Degree of Accomplishment Taken into account in Not taken into account in
determining the penalty determining the penalty
imposed imposed unless provided
by special law
Degree of Participation Degree of participation of All who participated in the
(presupposes more than offender is taken into act are punished to the
one offender account same extent
Persons criminally liable Principal, accomplice, Only principal
accessory
Stages of execution Attempted, frustrated, & No stages of execution
consummated
As to division of penalty Penalties may be divided No Division of Penalty
into degrees and periods

Anatomy of Crime vs Element of Crime

Anatomy of Crime

For any crime to happen, there are three (3) elements or ingredients that must be present
at the same time and place, these are Motive, Instrument and Opportunity.

- Motive – refers to the reason or cause why a person or group of persons will
perpetrate a crime. Example are economic difficulties, passion or jealousy,
revenge, intoxication, etc.
- Instrumentality – is the means or implement used in the commission of a crime. I
could be a bolo, firearm, knife, poisonous or corrosive substance, etc.
- Opportunity consist of the acts of omission by a person which enables another
person or group to commit the crime.

Although these elements or ingredients are imperative for a crime to happen, these are
not considered in determining whether a crime has been committed pursuant to out
criminal law.

Elements of Crime

A. Intentional Felony (Dolo)

Crime committed with deliberate intent

Actus Non Facit Reum, Nisi Mens Sit Rea

An act does not make a defendant guilty without a guilty mind
Mens Rea
A guilty mind, a guilty or wrongful purpose or criminal intent and essential for criminal
liability. (People vs Valenzuela, G.R. No. 160188 2007)

Elements of Dolo:
- Freedom
A person must have freedom while doing an act or omitting to do an act. When a person
acts without freedom, he is no longer a human being by a tool. Refers to an act done with
deliberation and with power to choose between two things.
- Intelligence
He must have intelligence while doing the act or omitting to do an act. Concerns the ability
to determine the morality of human acts as well as to distinguish between a licit and illicit
act. Capacity to know and understand the consequence of one’s act.
- Intent/Dolo
He must have intent while doing the act or omitting to do an act. Involves an aim or a
determination to do a certain act.

General Criminal Intent vs Specific Criminal Intent

General Criminal Intent Specific Criminal intent

As to intention The intention to do The intention to commit a
something wrong definite act
As to presumption Presumed from the mere Existence is not presumed
doing of an act
As to burden of proof The burden is upon the Since the specific intent is
wrongdoer to prove that he an element of the crime, the
acted without such criminal burden is upon the
intent prosecution to establish its
existence

Intent vs Motive

Intent Motive
As to nature State of mind Moving power which
accompanying the act impels one to act in order
to achieve a definite result
As an Element Can be an element of a Not essential element of a
felony crime except for certain
instances

Motive becomes relevant when:

1. The act brings about variant crimes.
2. Identity of the perpetrator is in doubt.
3. There is the need to ascertain the truth between two antagonistic version of the
crime.
4. Evidence on the commission of the crime is purely circumstantial.
 B. Culpable Felony (Culpa)

Crime resulting from negligence, reckless imprudence, lack of foresight or lack of skill.
Requisites of Culpa:
1. Freedom;
2. Intelligence;
3. Negligence or Imprudence.

Negligence – It indicates deficiency of perception. It is the failure of a person to pay

proper attention and to use diligence in foreseeing the injury or damage impending to be
caused. Often associated with lack of foresight. [REYES, Book 1]

Imprudence – It indicates deficiency of action. A person fails to take the necessary

precaution to avoid injury to another person or damage to property. Often associated
with lack of skill. [REYES, Book 1]

FELONY ACCORDING TO STAGE OF EXECUTION

CONSUMATED FELONY - A felony is consummated when all the elements necessary

for its execution and accomplishment are present;
FRUSTRATED FELONY - when the offender performs all the acts of execution which
would produce the felony as a consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the perpetrator;
ATTEMPTED FELONY - There is an attempt when the offender commences the
commission of a felony directly or over acts and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other than his own
spontaneous desistance.

TWO PHASES OF FELONY

1. Subjective Phase – that portion of the act constituting the crime, starting from the
point where the offender begins the commission of the crime to that point where
he still has control over his acts, including their natural course.

Example: In a murder Case Juan fired a gun against Perdro, The moment Juan
touched his gun up to that moment where he pointed it to Pedro before pulling
the trigger is the subjective phase of the crime. Juan still has control of his acts.

2. Objective Phase, it is that portion of acts after the subjective phase, the result of
the acts of execution.

Example: in the illustration above, after the moment Juan pulled the trigger up to
the result of the act is the Objective Phase.

DEVELOPMENT OF CRIME
 1. INTERNAL ACTS – intent, ideas and plans; not punishable, even if they had
been carried out, they would constitute a crime.
2. EXTERNAL ACTS:
a. PREPARATORY ACTS – acts tending toward the crime but with no direct
connection with the crime.
b. ACTS OF EXECUTION – usually overt acts with a logical relation to a
particular concrete offense and is already punishable under RPC.

MANNER OF COMMITTING CRIME:

a. Formal Crimes – consummated in one instant, no attempt.
b. Crimes Committed by mere Attempt or Proposal by Overt Act – mere
attempt or proposal of the crime is already punishable.
Example: Flight to enemy’s country and corruption of minors
c. Felony by Ommission – There can be no attempted stage, because the
offender does not execute an act.
d. Crime Committed by mere Agreement – the manner of committing the crime
requires the meeting of the minds between the giver and receiver.
Example: Corruption of Public Officer
e. Material Crimes – Those committed with three (3) stages.

FELONY ACCORDING TO GRAVITY OF PENALTIES

Grave felonies are those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive, in accordance with Article 25 of this Code .

Includes those punishable by:

1. Reclusion Perpetua
2. Reclusion Temporal
3. Perpetual or Absolute Disqualification
4. Perpetual or Temporary Special Disqualification
5. Prision Mayor
6. Fine more than Php1,200,000.00

Less grave felonies are those which the law punishes with penalties which in their
maximum period are correctional, in accordance with the abovementioned article.

Includes those punishable by:

1. Prision Correccional
2. Arresto mayor
3. Suspension
4. Destierro
5. Fine not exceeding P1,200,000.00 but is not less than P40,000.00

Light felonies are those infractions of law for the commission of which the penalty
of arresto menor or a fine not exceeding Forty thousand pesos (P40,000) or both is
provided."
Includes those punishable by:
1. Arresto menor
2. Fine not exceeding P40,000.00

Light Felonies are punishable only when they are consummated, except if it involves
crimes committed against persons or property. Likewise, only principal and accomplices
are punished.

FELONY ACCORDING TO PLURALITY OF CRIME

Continuing Crime
Single crime consisting of a series of acts arising from a single criminal resolution or
intent not susceptible of division.
Requisites [PA- UP- UCIP]:
• Plurality of Acts;
• Unity of Penal provision infringed upon; and
• Unity of Criminal Intent and Purpose

Penalty - When a single act constitutes two or more grave or less grave felonies, or
when an offense is a necessary means for committing the other, the penalty for the
most serious crime shall be imposed, the same to be applied in its maximum period.

- COMPOUND CRIME
Single act constitutes two or more grave or less grave felonies [Art. 48]
Requisites:
1. That only a Single act is performed by the offender.
2. That the single act produces:
a. 2 or more grave felonies, or
b. 1 or more grave and 1 or more less grave felonies, or 2 or more less grave
felonies

- COMPLEX CRIME
An offense is a necessary means to commit another offense [Art. 48]
Requisites:
1. That at least 2 offenses are committed;
2. That one or some of the offenses must be Necessary to commit the other
*Does not need to be “indispensable means”
3. That both or all the offenses must be punished under the Same Statute.

- SPECIAL COMPLEX CRIMES

In substance, there is more than one crime; but from the eyes of the law, there is only
one. The law treats it as a single crime for which it prescribes a single penalty. It is also
called a composite crime.
Requisites:
1. 2 or more crimes are committed
 2. But the law treats them as a Single, Indivisible, and unique offense
3. Product of Single Criminal Impulse

MANNER OF INCURRING CRIMINAL LIABILITY (Art. 4)

1. Criminal Liability is incurred by any person committing a felony although the

wrongful act done be different from that which he intended

a. PRAETER INTENTIONEM.
- Committed by any person committing a felony (delito) although the wrongful act
done be different from that which he intended.
Rationale: El que es causa de la causa es cause del mal causado. “He who is
the cause of the cause is the cause of the evil cause”

Requisite:
1. An intentional felony has been committed;
2. The wrong done to the aggrieved party is the direct, natural and logical
consequence of the felony committed by the offender.

b. Error in personae (Mistake in identity)

- A felony is intended, but there is a mistake in the identity of the victim; injuring
one person mistaken for another.

c. Aberratio Ictus
- When an offender intending to do an injury to one person actually inflicts it on
another

Proximate Cause
Proximate cause has been defined as that which, in natural and continuous sequence,
unbroken by any efficient intervening cause, produces injury, and without which the
result would not have occurred. [Abrogar v. Cosmos Bottling Company and
INTERGAMES, Inc., G.R. No. 164749 (2017)]

When not Considered as Proximate Cause:

There is an active force between the felony and resulting injury
Resulting injury is due to the intentional act of victim

Efficient Intervening Cause

An intervening cause, to be considered efficient, must be "one not produced by a
wrongful act or omission, but independent of it, and adequate to bring the injurious
result.” [Abrogar v. Cosmos Bottling Company and INTERGAMES, Inc, G.R. No.
164749 (2017)]

For example, a cause which interrupts the natural flow of events leading to one’s death
may relieve the offender from liability. [REYES, Book 1]
 2. Criminal Liability shall be incurred By any person performing an act which would
be an offense against persons or property, were it not for the inherent
impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means.

Requisites [OPP- EI- III- NV]:

1. Act performed would be an Offense against
Persons or Property.
2. Act was done with Evil Intent
3. Its accomplishment is inherently Impossible, or that the means employed is either
Inadequate or Ineffectual
4. Act performed does Not constitute a Violation of another provision of the RPC.

Definition:
1. Inadequate – Insufficient.
2. Ineffectual – Means employed did not produce the result expected.
3. Inherent Impossibility – can pertain to:
a. Legal Impossibility – where the intended acts, even if completed do not
amount to a crime.
b. Physical or Factual Impossibility – Extraneous circumstances unknown to the
actor or beyond his control prevent the consummation of the intended crime.