Criminal Law Notes

CONSUMMATED - A felony is consummated when all the elements necessary for its
execution and accomplishment are present.
FRUSTRATED- It is frustrated when
1. the offender performs all the acts of execution
2. which would produce the felony as a consequence
3. but which, nevertheless, do not produce it
4. by reason of causes independent of the will of the perpetrator.
ATTEMPTED - There is an attempt when 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 this own spontaneous desistance.
1. The offender commences the commission of the felony directly by overt acts;
2. Does NOT perform all the acts of execution which should produce the felony;
3. Due to cause or accident other than his spontaneous desistance.
Distinguish between an accomplice and a conspirator.
1. As to the criminal intent, conspirators, beforehand, know the criminal intention because they
themselves have decided upon such course of action. Accomplices come to know about it after
the principals have reached the decision, and only then do they agree to cooperatein its
execution.
2. As to the decision to commit the crime, conspirators decide that a crime should be
committed; accomplices do not decide whether the crime should be committed, they merely
assent to the plan and cooperate in its accomplishment.
3. As to their participation, conspirators are the authors of a crime, accomplices are merely
their instruments who perform acts not essential to the perpetration of the offense. (People v.
Garcia, G.R. No. 133489, January 15, 2002).

CLASSES OF OFFENDERS IN THE CRIME OF QUALIFIED SEDUCTION:

1. Those who abuse their authority, Example: Guardian, teacher and persons in authority
2. Those who abused the confidence reposed in them, Example: Priest, house servant or a
domestic
3. Those who abuse their relationship. Example: Brother or ascendant, whether legitimate or
illegitimate
Note: QUALIFIED SEDUCTION Virginity is an element, deceit is not an element
Simple SEDUCTION : Deceit is an element, Virginity is not an element
ENTRAPMENT

 law officers employ ruses and schemes to ensure the apprehension of the criminal while
in the actual commission of the crime.
 the mens rea originates from the mind of the criminal
 NOT exempt the criminal from liability.

INSTIGATION

 the accused is induced to commit the crime.

 the law officer conceives the commission of the crime and suggests to the accused who
adopts the idea and carries it into execution
 considered an absolutory cause.

Recidivist is one who, at the time of his trial for one crime, shall have been previously convicted
by final judgment of another crime embraced in the same title of this Code.
Reiteracion - That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter
penalty.

Multi-recidivism or habitual delinquency Art 62[5] (Extraordinary aggravating) — if within ten

years from release or last conviction of the crimes of serious or less serious physical injuries,
robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener.

Quasi-recidivism Art 160 (Special aggravating) —after conviction of final judgment, before
beginning to serve sentence, or while serving, commits a felony
= shall be punished by the maximum period of the penalty prescribed by law for the new felony.

Absorption System - If one of the offense is an element of another, the former is deemed
absorbed by the latter and there is only one crime.

Complex Crimes – there are two types of complex crimes

1. Compound Crime(Delito Compuesto) – when a single act constitutes two or more
grave or less grave felonies
 2. Complex Crime Proper (Delito Complejo)- When an offense is a necessary means for
committing the other

Special Complex Crime: - Special complex crimes are those specifically designated by law to be
penalized as one felony, although composed of many crimes.
Note-
 The component crimes in a special complex crime have no attempted or frustrated
stages.
 the awards for civil indemnity, moral damages, and exemplary damages are now
uniformly pegged at P75K. The award of temperate damages is also increased to
P50K.

Robbery with Homicide – intent is to rob, if there is rape, rape is aggravating, 10 person
robbed but only 1 criminal impulse

Kidnapping with Homicide – intent is to deprive liberty, if there is rape, rape is

aggravating, if there is 10 kidnapped person = 10 counts of Kidnapping with Homicide

Continued Crime (Delito continuado) – several acts performed separately during a period of time
under a single criminal intent in violation of a single penal provision = what is being punished is
the single criminal impulse

The English rule adopted in the Philippines, crimes perpetrated aboard foreign vessels are
generally triable in the courts of the country within the territory in which they were committed.

Violations penalized by special acts shall, unless otherwise provided in such acts, prescribe in
accordance with the following rules:

a) after a year for offenses punished only by a fine or by imprisonment for not more
than
one month, or both; [<1M]
b) after four (4) years for those punished by imprisonment for more than one month,
but less than two years; [>1M — <2Y]
c) after eight (8) years for those punished by imprisonment for two years or more, but
less than six years; and [2Y — <6Y]
d) after twelve (12) years for any other offense punished by imprisonment for six years
or more, except the crime of treason, which shall prescribe after twenty years. [6Y or
more]

Violations penalized by municipal ordinances shall prescribe after two months.

Crime charged is not prescribed, but the crime proven is already prescribed, case should be
dismissed. To rule otherwise is to circumvent the rule on prescription, by charging an offense
which is not prescribed, although the crime done was already prescribed.
Prescription shall begin to run from the day of the commission of the violation of the law, and if
the same be not known at the time, from the discovery thereof by the offended party, authorities
or their agents.

The prescription shall be interrupted when proceedings are instituted against the guilty person,
and shall begin to run again if the proceedings are dismissed for reasons not constituting
jeopardy.

You should not prejudice one who is seeking justice for circumstances beyond his control.

Estafa through Misappropriation – there must be Juridical Possession otherwise only Theft

Duration of Penalties

Reclusion Perpetua – 20Y+1D to 40Y

Reclusion Temporal – 12Y+1D to 20Y

Prision Mayor – 6Y+1D to 12Y

Prision Correctional – 6M+1D to 6Y

Aresto Mayor – 1M+1D to 6M

Aresto Menor – 1D to 30D

Prescription of crimes

20 years - Death, Reclusion perpetua or Reclusion Temporal

15 years - Prision Mayor

10 years – Prision Correctional

5 years – Arresto Mayor

1 year – libel and similar offense

6 months – oral defamation and slander by deed

2 months – Light Offenses

Asa v People
Robbery through intimation of people – Threat was eminent, face to face confrontation

Grave Threats with Demand for money – Threat was in the future / contingent

People v Laburguen – Robbery with Homicide

Perjury – under oath

*deliberate assertion of a falsehood = Deliberately Lying = Perjury
- Deliberate Falsehood = not Perjury

RA 7610, Sec 5(b) – 16 years old to below 18, victim agreed / consented due to money, profit or
any other consideration or due to coercion or intimidation

Child Abuse under Sec 10 a, Art VI of RA 7610 – the specific intent to degrade, debase, or
demean the intrinsic worth and dignity of a child as a human being is essential in the crime of
child abuse

Terrorism – to cause or threaten to cause damage or harm of sufficient magnitude in order to

achieve the actor’s intended purpose, such as to intimidate the general public, create an
atmosphere of fear, destabilize the government.

Membership to Terrorist Organization as Criminal Offense – Knowingly and Voluntarily

joined, despite the awareness of nature of such group

Arson with Homicide – in the recent case of People v Soria and People v Mae Al-Saad

Destructive Arson – homicide or death on the occasion of the crime of arson or by reason
thereof is absorbed in the crime of Arson; Art 320 of RPC

Arson - Simple Arson PD1613

SIMPLE TRESPASS TO DWELLING - if no violence or intimidation present otherwise it is
Qualified, but if the intention was to rob, then it is robbery with force upon things – which
provides that Things must be brought outside the building to consummate robbery

ARBITRARY DETENTION – is done by a public officer who, without legal grounds detains a
person,

*but if the public officer has no authority to arrest or a private person – arrest or detain
another for purpose of delivering him to proper authorities, then the crime is Unlawful Arrest

KIDNAPPING WITH RAPE – no matter how many times the rape was committed there is
only one special complex crime of rape

LIGHT COERCION –
1. Offender must be a creditor;
2. He seizes anything belonging to his debtor;
 3. Seizure of the thing be accomplished by means of violence or a display of material
force producing intimidation; and
4. Purpose of the offender is to apply the same to the payment of the debt.

CRIMES AGAINST CHASTITY WHICH CANNOT BE PROSECUTED DE OFFICIO

(SPA)
1. Concubinage (Art. 334)
2. Adultery (ART. 333)
3. Seduction whether qualified or simple (ART. 337, 338)
4. Abduction which may be forcible or consented (ART. 342, 343)
5. Acts of Lasciviousness with or without consent (ART. 336, 339)

May be filed by the offended party or her parents, grandparents or guardian.

Unlike the offenses of seduction, abduction, rape and acts of lasciviousness, no provision is
made for the prosecution of the crimes of adultery and concubinage by the parents,
grandparents or guardian of the offended party.

RA No. 3019 -must have the presence of

 evident bad faith – patently fraudulent and dishonest purpose
 gross inexcusable negligence - conscious indifference to consequences
 manifest partiality - plain inclination or predilection to favor one side or person