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 I. General Principles
CARDINAL PRINCIPLES IN CRIMINAL LAW
 GENERALITY
GENERAL RULE:
Criminal law is binding on all persons who live or sojourn in the Philippine
Territory.
EXCEPTIONS:

- Treaties or Treaty Stipulations

- Law of Preferential Application
- Public International Law
 TERRITORIALITY
GENERAL RULE:
Criminal laws punish crimes committed within PH territory.
EXCEPTION:
Article 2 of RPC
 PROSPECTIVITY
GENERAL RULE:
Crimes are punished under the laws in force at the time of the commission.
EXCEPTION:
Favorable to the accused.
EXCEPTION TO THE EXCEPTION:

- Law expressly made inapplicable

- Habitual criminal

A. Article 2, 3, 4 and 6

Article 2. – Application of its provisions.

Except as provided in the treaties and laws of preferential application, the provisions of this
Code shall be enforced not only within the Philippine Archipelago, including its atmosphere,
its interior waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the
obligation and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the exercise of
their functions; or
5. Should commit any of the crimes against national security and the law of nations,
defined in the Title One of Book Two of this Code.
NOTE: PH observes the ‘ENGLISH RULE’ - such crimes are triable in that country unless
they merely affect things within the vessel or they refer to the internal management thereof.

Article 3. – Definitions
Acts or omissions punishable by law are felonies (delitos).

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent and there is fault when the
wrongful act results from imprudence, negligence, lack of foresight or lack of skill.

NOTE:

ELEMENTS OF FELONIES:
1. Acts or Omissions
Acts – Physical movements that tends to influence the outside world.
Omission – Refers to inaction. It is the failure to do a positive duty which the law commands
to be done.

2. Act or omission must be punishable by the RPC.

3. There is deceit (dolo) or fault (culpa).

*Deceit is a form of dolo but not every dolo constitutes deceit. The better translation for the
Spanish word “dolo” is intent. So, there must be intent, instead of deceit.

In order that an act or omission may be considered as having been performed or incurred with
deliberate intent, the following requisites must concur:
I. He must have freedom while doing an act or omitting to do an act;
II. He must have intelligence while doing the act or omitting to do the act;
III. He must have intent while doing the act or omitting to do the act.

*WHAT KIND OF INTENT IS NECESSARY?

 General – presumed from doing of a wrong act. This does not require proof.
 Specific – is not presumed because it is an ingredient or element of a crime. It must be
alleged in the information and must be established and proven by prosecutor.

“Culpa” means fault – when there is negligence or imprudence. There is no intent but it is
substituted by lack of foresight or lack of skill.

MISTAKE OF FACT
A misapprehension of fact on the part of the person who caused injury to another.

REQUISITES:
1. That the act done would have been lawful had the facts been or turned out as the
believe the to be;
2. That the intention of the accused in performing the act should be lawful;
3. That the mistake must be without fault or carelessness on the part of the accused.

MALA IN SE v. MALA PROHIBITA

MALA IN SE MALA PROHIBITA
Crimes so serious in their effects to society They are wrong only because they are
as to call for unanimous condemnation of its prohibited. They are violations of mere rules
 members. of convenience enacted by the state for the
proper and orderly administration of society.
Criminal intent is necessary. Criminal intent is immaterial because the
only inquiry is: has the law been violated?
Generally refers to those acts or omission Generally refers to acts or omissions made
punished by the RPC. criminal by special laws.

Article 4. – Criminal liability

Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different
from that which he intended;

2. 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.

NOTE:

Article 6. – Consummated, frustrated and attempted felonies

Consummated felonies as well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and is frustrated 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.

There is an attempt when the offender commences the commission of a felony directly by
overt 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.

NOTE:

PROXIMATE CAUSE (PAR. 1) – Refers to a cause which in the natural and continuous
sequence, unbroken by any efficient intervening cause, results in a particular felony, without
which the felony would not have resulted.

REQUISITE:
1. Intentional felony has been committed.
2. That the wrong done to the aggrieved party be the direct, natural and logical
consequence of felony committed by the offender.

IMPOSSIBLE CRIME (PAR. 2) – Refers to a crime committed by a person who performs an

act which would be an offense against the persons or property, were it not for the inherent
impossibility of its accomplishment or on account of the employment of inadequate or
ineffective means.

REQUISITE:
1. The act performed would be an offense against persons or property;
 2. The act was done with evil intent;
3. Its accomplishment is inherently impossible or that the means employed is either
inadequate or ineffectual;
4. The act performed should not constitute a violation of another provision of the RPC.

Article 48 – COMPLEX CRIME

ARTICLE 48. Penalty for complex crime. – When a single act constitutes two or more grave
or less grave felonies, or when an offense is a necessary means of committing the other, the
penalty for the most serious crime shall be imposed, the same to be applied in its maximum
period.

NOTE:
There is a complex crime when a single act constitutes 2 or more grave or less grave
felonies, or when the offense is a necessary means of committing the other.

2 TYPES OF COMPLEX CRIME:


B. Absolutory Cause
II. Titles 8 and 11 – Crimes against Persons and Crimes against Chastity,
and Related Special Laws
Part 1
A. Crimes that Involve Death or Killings
1. Parricide – Article 246
Death under exceptional circumstances
Article 247

2. Murder – Article 248

Attempted or Frustrated Murder/Homicide vs Physical injuries
Possession and use of Loose Firearms RA 10591

3. Homicide – Article 249

4. Infanticide – Article 255
vs. abortion
Articles 256 to 259
5. Death Caused in a Tumultuous Affray – Article 251
6. Giving Assistance to Suicide – Article 253
7. Duel – Article 260
B. Other Provisions and Felonies under Title 8
Article 250
Article 252
Article 254
Article 261
C. Child Cruelty and Abuse – section 10 of RA 7610
D. RA 1866, as amended by RA 8294 and RA 9516 (“Explosives”
only)
E. RA 10591 – Possession of Loose Firearms
F. PD 9 as amended by BP 6 (Illegal Possession of Deadly
Weapon)
G. RA 8049 as amended (Regulating Hazing and Other Forms of
initiation)

Part 2
A. Crimes that Involve Sexual Intercourse
1. Rape – Article 266-A to D
2. Qualified Seduction – Art. 337
3. Simple Seduction – Art. 338
4. Child Abuse – Section 5 (5) of RA 7610
5. Trafficking in Persons – Section 11 in relation to section 4 of
RA 9208
6. Adultery – art. 333
7. Concubinage – art. 334
B. Crimes Involving Lascivious Conduct
1. Sexual Assault – art. 266-A
2. Acts of Lasciviousness – art. 336
3. Acts of Lasciviousness with Consent – art. 339
4. Child Abuse – Section 5 (b) of RA 7610
5. Trafficking in Persons – Section 11 of RA 9208
6. Violence Against Women and Children – Section 5 (g) in
relation to Section 3 (B) of RA 9262.
C. Crimes Involving Prostitution
1. Corruption of Minors – art. 340
2. White Slave Trade – art. 341
3. Slavery – art. 272 (2nd paragraph)
4. Child Abuse – Section 5 (a) of RA 7610
5. Trafficking in Persons – Section 4 and 6 of RA 9208
6. Violence Against Women and Children – Section 5 (g) in
relation to section 3 (B) of RA 9262
7. Vagrants and Prostitutes – Article 202 in relation to 58 of RA
9344
-RA 10158 – An act Decriminalizing Vagrancy
D. Other Provisions and Felonies under Title 11
E. RA 7610 (Child Abuse Law)
-Section 3, and 5 to 9
F. RA 9775 (Anti- Child Pornography Act of 2009)
- Sections 3 to 6, and 15
G. RA 9208 (The Anti-Trafficking in Persons Act of 2003)
- Sections 3 to 6, 10, and 11
H. RA 9262 (Anti-Violence against Women and their Children Act
of 2004)
- Sections 3, 5 to 16, 22 , 26, 27, and 33
I. RA 9995 (Anti-Photo and Video Voyeurism Act of 2009)
III. Title Nine – Crimes Against Personal Liberty and Security –
Articles 267 to 292
- versus article 124
- versus Child and Human Trafficking (RA 7610 and 9208)
IV. Title Ten – Crimes Against Property, and Related Provisions
and Special Laws
A. Crimes Involving “Taking” of Personal Property
Part 1
1. Theft – Articles 308 and 309
-RA 10591
2. Qualified Theft – art. 310
3. Robbery – Articles 294/299 and 302
- Grave threats vs. Coercion vs. Robbery
- Articles 294 and 295 (Robbery in Streets) vs. Brigandage vs.
Highway Robbery (PD 532)
4. Carnapping – RA 10883 amending RA 6539
B. Articles 293 to 313
C. Article 320 and PD 1613
D. Articles 327 to 332
E. RA 10883 (Anti-Carnapping)
F. PD 1612 (Anti-Fencing Law)
G. PD 532 ( The Anti-Piracy and Highway Robbery Law of 1974)
- versus Articles 122 and 123
Part 2
5. Estafa and other Forms – Articles 315 and 316 (3)
-Estafa under Article 315 (1) (b) vs. Theft
- Estafa under Article 315 (2) (d) vs. Bouncing Check Law – BP 22
-Versus Falsification of Private Document
6. Malversation – Article 217
7. Direct and Indirect Bribery – Articles 210 and 211
- Versus robbery and coercion
8. RA 7080 (Anti-Plunder Act)
H. Articles 314 to 319
I. BP 22 and PD 818
J. PD 1689 (“Syndicated Estafa”)
V. Title Four – Crimes Against Public Interest
A. Articles 161 to 287
B. CA 142, as amended by RA 6085
C. RA 10175 (Cybercrime Prevention Act of 2012)
- Sections 3 to 8
D. RA 8484 (Access Devises Regulation Act of 1998)
- Sections 3, 9, 10 and 4
VI. Title One and Three – Crimes Against National Security and
the Law of Nations, and Crimes Against Public Order
A. Articles 114 to 123
B. Articles 134 to 160
C. RA 9372 (Human Security Act of 2007)
-Sections 3 to 6, 18 to 20, 22, 44, 49, 52
D. PD 1829 (“Obstruction of Justice”)
VII. Title Seven – Crimes Committed by Public Officers and
Crimes Against the Fundamental Laws of the State
A. Articles 203 to 245
B. RA 7080 (Anti-Plunder Act)
C. PD 46 and RA 3019 (Anti-Graft and Corrupt Practices Act)
D. Articles 124 to 133
E. RA 7438 (Rights under Custodial Investigation)
F. RA 4200 (Anti-Wire Tapping Act)
VIII. Titles Twelve, Thirteen and Fourteen – Crimes Against the
Civil Status of Persons, Crimes Against Honor, and Quasi-
Offenses
A. Articles 347 to 352
- RA 10655
B. Articles 353 to 364
C. Article 365
IX. Title Six – Crimes Against Public Morals
A. Articles 200 to 202
B. PD 1602 as amended by RA 9287
X. RA 9165 (Comprehensive Dangerous Drugs Act of 2002)
-Sections 3 to 15, 21 (as amended by RA 10640), 23, 25, 26, 29,
36, 54 to 57, and 92