Theories in criminal law 2.
Negligent felonies(Culpa) – where the wrongful acts
1. Classical theory – The basis of criminal liability is result from imprudence, negligence, lack of foresight or
human free will and the purpose of the penalty is lack of skill
retribution.
2. Positivist theory – The basis of criminal liability is the Requisites of dolo
sum of the social, natural and economic phenomena to 1. Criminal intent
which the actor is exposed. The purposes of penalty are 2. Freedom of action
prevention and correction. 3. Intelligence
Classifications of crime Requisites of culpa
1. As to the manner or mode of execution (RPC, Art. 3) 1. Criminal negligence
a. Consummated 2. Freedom of action
b. Frustrated 3. Intelligence
c. Attempted
2. As to the stage of execution (RPC, Art. 6) Negligence vis-à-vis Imprudence
a. Dolo or felonies committed with deliberate intent In negligence, there is deficiency of perception, while in
b. Culpa or those committed by means of fault imprudence, there is deficiency of action.
3. As to gravity (RPC, Art. 9) BASIS MALA IN SE MALA
a. Light felonies PROHIBITA
b. Less grave felonies
As to their There must be a Sufficient that the
c. Grave felonies
concepts criminal intent. prohibited act was
done.
Art. 2 of the RPC
1. Should commit and offense while on a Philippine ship Wrong from its very Wrong merely
or airship; nature. because
2. Should forge or counterfeit any coin or currency note prohibited by
of the Philippine Islands or obligations and securities statute.
issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the Criminal intent Criminal intent is
introduction into these islands of the obligations and governs. not necessary.
securities mentioned in the preceding number;
4. While being public officers or employees, should
Generally punished Generally involves
commit an offense in the exercise of their functions;
under the RPC. violation of
5. Should commit any of the crimes against national
special laws.
security and the law of nations.
Elements of felonies Mitigating and Such
1. An act or omission; aggravating circumstances are
2. Punishable by the Revised Penal Code; circumstances are not appreciated
3. The act is performed or the omission incurred by means appreciated in unless the special
of deceit or fault imposing the law has adopted
penalties. the scheme or
Kinds of felonies scale of penalties
1. Intentional felonies(Dolo) – committed with criminal under the RPC.
intent As to legal (a) Good faith (a) Good faith or
implication (b) lack of criminal (b) lack of
intent; or criminal intent are
(c) negligence are not valid defenses;
valid defenses. it is enough that
the prohibition
was voluntarily
violated.
Criminal liability is Criminal liability
incurred even when is generally
the crime is incurred only
attempted or when the crime is
frustrated. consummated.
Penalty is computed The penalty of the
on the basis of offender is the
whether he is a same as they are
principal offender, all deemed
or merely an principals
accomplice or
accessory.
BASIS DOLO CULPA
As to Act is malicious Not malicious
Malice
As to intent With deliberate Injury caused is
intent. unintentional, it
being an incident
of another act
performed
without malice.
As to the Has intention to Wrongful act
source of the cause a wrong. results from
wrong imprudence,
committed negligence, lack of
foresight or lack of
skill.
Limitations on the power of Congress to enact penal
laws
1. Must be general in application. In order that a person may be criminally liable for a felony
2. Must not partake of the nature of an ex post facto law. different from that which he intended to commit, it is
3. Must not partake of the nature of a bill of attainder.
indispensable (a) that a felony was committed and (b) that
4. Must not impose cruel and unusual punishment or
excessive fines. the wrong done to the aggrieved person be the DIRECT,
NATURAL, LOGICAL, consequence of the crime committed
Characteristics of Criminal Law: (G.T.P.) by the perpetrator.
1. GENERAL – the law is binding to all persons who reside
in the Philippines Mistake of fact is the misapprehension of facts on the part of
the person who caused injury to another. He is not, however,
Exceptions to general application of criminal law: criminally liable, because he did not act with criminal intent
a) principles of public international law
b) treaties or treaty stipulations Requisites of mistake of fact
c) laws of preferential application 1. That the act done would have been lawful had the facts
been as the accused believed them to be;
2. TERRITORIAL – the law is binding to all crimes 2. That the intention of the accused in performing the act is
committed within the National Territory of lawful; and
the Philippines 3. That the mistake must be without fault or carelessness
on the part of the accused.
3. PROSPECTIVE (Prospectivity)– the law does not have
any retroactive effect.
Proximate cause has been defined as that cause, which, in
Classifications of felonies according to their gravity
1. Grave– those to which the law attaches the capital natural and continuous sequence, unbroken by any efficient
punishment or penalties which in any of their periods are intervening cause, produces the injury, and without which the
afflictive, in accordance with Art. 25 of the RPC (RPC, Art. 9, result would not have occurred
par. 1).
2. Less grave – those which the law punishes with As a rule, the offender is criminally liable for all the
penalties which in their maximum period are correctional, consequences of his felonious act, although not intended, if
in accordance with Art. 25 of the RPC (Art. 9, par. 2, RPC).
the felonious act is the proximate cause of the felony.
3. Light– those infractions of law for the commission of
which the penalty of arresto menor or a fine not exceeding
Circumstances which are considered as inefficient
200 pesos, or both, is provided (RPC ,Art. 9, par. 3,).
intervening causes
1. The weak physical condition of the victim
2. The nervousness or temperament of the victim
Art. 4. Criminal liability shall be incurred: 3. Causes which are inherent in the victim, such as the
1. By any person committing a felony, although the victim’s inability to swim
wrongful act done be different from that which he 4. Refusal of the injured party to be subjected to medical
intended. attendance
2. By any person performing an act which would be an 5. Erroneous or unskillful medical treatment
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 of an impossible crime (BAR 2003, 2004, Capital punishment:
2009, 2014, 2015) Death (now prohibited under R.A. 9346)
1. Act performed would be an offense against persons or Afflictive penalties: (x>P6,000.00)
property; Reclusion perpetua
Reclusion temporal
NOTE: Kidnapping is a crime against personal security and Perpetual or temporary absolute
not against person or property, thus there can be no disqualification
impossible crime of kidnapping Perpetual or temporary special
2. Act was done with evil intent; disqualification
3. Accomplishment is inherently impossible or means Prision mayor
employed is either inadequate or ineffectual; and Correctional penalties: (P200.00>x>P6,000.00)
4. Act performed should not constitute a violation of Prision correccional
another provision of RPC Arresto mayor
Suspension
Destierro
Stages in committing a crime Light penalties: (x<=P200.00)
1. Internal Acts– mere ideas in the mind of a person, not Arresto menor
punishable even if, had they been carried out, they would Public censure
constitute a crime
2. External Acts – include (a) preparatory acts and (b) acts
of execution
a. Preparatory acts–those that do not have a
direct connection with the crime which the
offender intends to commit.
b. Acts of execution– those punishable under the
Revised Penal Code
Consummated felony
A felony is consummated when all the acts necessary for its
accomplishment and execution are present.
Frustrated felony
A felony is frustrated when the offender performs all the
acts of execution which would produce the felony as a
result, but which nevertheless do not produce it by reason
of causes
Instances wherein the stages of a crime will not apply
1. Offenses punishable by Special Penal Laws, unless
otherwise provided for;
2. Formal crimes (e.g. slander, adultery, etc.);
3. Impossible crimes;
4. Crimes consummated by mere attempt (e.g. attempt to
flee to an enemy country);
5. Felonies by omission; and
6. Crimes committed by mere agreement (e.g. betting in
sports, corruption of public officers).
Cases where mere conspiracy is a felony:
• Conspiracy x x x to commit treason
(Art.115)
• Conspiracy x x x to commit coup d’etat,
rebellion or insurrection (Art.136)
• Conspiracy to commit sedition (Art.141)
• Monopolies and combinations in
restraint of trade
Cases where mere proposal is a felony:
• x x x proposal to commit treason
(Art.115)
• x x x proposal to commit coup d’etat,
rebellion or insurrection (Art.136)
