2018 BAR EXAMINATIONS

PRE-WEEK NOTES IN
“CRIMINAL LAW”

Prepared by:
Subject Head: Gretel M. Erum
Assistant Subject Head: Accel J. Celis
Member: Shiela Mae A. Abucay

ACADS Head: Malyn Gonzales

Subject Adviser: Jemimah Grace N. Garcia-Palma
ACADS Advisers: Atty. Ismael Sarangaya, Jr. and Atty. Jude Itutud
 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
I. REVISED PENAL CODE (RPC) BOOK I d. While being public officers or employees,
should commit an offense in the exercise of
A. Fundamental and General Principles in their functions; or
Criminal Law e. Should commit any of the crimes against
national security and the law of nations,
Criminal law is that branch or division of defined in Title One of Book Two of this
law which defines crimes, treats of their Code. (Article 2 of Revised Penal Code)
nature and provides for their punishment.
(Reyes, 2012) NOTE: The ground occupied by US
embassy is not in fact the territory of the
NOTE: In the Philippines, there is no crime USA to which the premises belong through
such as common law crimes. Our country possession or ownership. A person who
adheres to the principle of ―Nullum crimen, committed a crime within the premises of an
nulla poena sine lege.‖ That is, there is no embassy will be prosecuted under the law
crime when there is no law punishing it. This of the Philippines. (Reagan vs CIR,
maxim is an indispensable corollary to a G.R.No. L-26379, December 27, 1969)
regime of liberty enshrined in our
Constitution. (US vs TAYLOR, G.R. No. L- Prospectivity
9726, December 8, 1914)
Penal law cannot make an act
B. Applicability and Effectivity of the punishable in a manner in which it was not
Penal Code punishable when committed. Crimes are
punished under the laws in force at the time
Territoriality of their commission. (Article 366 Revised
Penal Code, Sec. 22 Art. III, 1987
Criminal law shall be enforced within Constitution)
the Philippine Archipelago, including its
atmosphere, its interior waters and maritime Exception: Whenever a new statute
zone. dealing with crime establishes conditions
more lenient or favorable to the accused, it
The provisions of this code shall be can be given retroactive effect.
enforced outside of our jurisdiction to those
who: Exception to the exception:

a. Should commit an offense while on a a. Where the new law is expressly

Philippine ship or airship; made inapplicable to pending
actions or existing causes of action.
b. Should forge or counterfeit any coin or
currency note of the Philippine Islands or b. Where the offender is a habitual
obligations and securities issued by the criminal (Reyes,2012)
Government of the Philippine Islands;
B. Felonies
c. Should be liable for acts connected with
the introduction into these islands of the Impossible crime
obligations and securities mentioned in the
preceding number; Why it is punished: The commission of an
impossible crime is indicative of criminal
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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
propensity or criminal tendency on the part Crimes with no Frustrated Stage
of the actor. Such person is a potential
criminal. For example rape, because its
essence is carnal knowledge. Hence, even
Requisites: the slight penetration of the female organ
consummates the crime. Likewise, arson
a. That the act performed would be an can only be attempted or consummated,
offense against persons or property; because the law on arson defines the crime
as setting fire or burning of the property.
b. That the act was done with evil Theft and robbery has no frustrated stage
intent; for the offender either has complete control
or none of the thing. (Boado, 2016)
c. That its accomplishment is inherently
impossible, or that the means NOTE: Coup d’état is a formal crime. The
employed is either inadequate or crime is consummated once the military or
ineffectual; police or public officers made a swift attack
against facilities needed for the exercise
d. That the act performed should not and continued possession of power for
constitute a violation of another purpose of seizing or diminishing state
provision of the Revised Penal power.(Campanilla, 2017)
Code. (Reyes, 2012)
Material Crime
NOTE: The impossibility of accomplishing
the criminal intent is not merely a defense, Crimes which have various stages of
but an act penalized by itself. (Intod vs CA, execution.
G.R. No. 103119, October 21, 1992)
Stages of execution
Forgery involving PCSO ticket
consummates at the very moment when the The stages of acts of execution –
accused forged the document. Encashing attempted, frustrated and consummated.
the ticket is not an element of this crime.
Hence, impossibility to encash the ticket Elements of Attempted Felony:
because its falsity is very obvious after
consummation of forgery will not render the a. The offender commences the
crime impossible. (People vs Balmores, commission of the felony directly by
G.R. No. L-1896, February 16, 1950) overt acts;

Formal Crime b. He does not perform all the acts of

execution which should produce the
Formal crimes are crimes which are felony; and
consummated in one instance. For
example, in oral defamation, there is no c. The non-performance of all acts of
attempted oral defamation or frustrated oral execution was due to cause or
defamation; it is always in the consummated accident other than his spontaneous
stage. desistance.

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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
in their consummation occur in one
Elements of Frustrated Felony: municipality or territory, while some occur in

a. The offender performs all the acts of another. In such cases, the court wherein
execution; any of the crime's essential and material
acts have been committed maintains
b. All the acts performed would jurisdiction to try the case; it being
produce the felony as a understood that the first court taking
consequence; cognizance of the same excludes the other.
Thus, a person charged with a continuing or
c. But the felony is not produced; and transitory crime may be validly tried in any
municipality or territory where the offense
d. Failure to consummate is by reason was in part committed. (Onal vs People,
of causes independent of the will of G.R. No. 197849, November 29,2017)
the perpetrator.
NOTE: The action for kidnapping can be
NOTE: Rape is either attempted or filed in the place where the victim was
consummated. There can be no frustrated abducted and the place where he was
rape. (People vs Aca-ac, G.R. No. 142500, actually detained.
20 April 2001)
If the check was a foreign check, and
The crime of theft cannot have a it was issued here then deposited and
frustrated stage. Theft can only be dishonored in the US, the action can be filed
attempted or consummated. Unlawful here because one of the essential
taking, which is the deprivation of one’s ingredients of the crime, which is the
personal property, is the element which issuance, occurred in the Philippines.(De
produces the felony in its consummated Villa vs CA, G.R. No. 87416, April 8, 1991)
stage. At the same time, without unlawful
taking as an act of execution, the offense Complex Crimes
could only be attempted theft, if at all.
(Valenzuela vs People, G.R. No. 160188, Two (2) kinds of complex crimes:
21 June 2007) Compound Crime

The accused who was convicted of Single act results to two (2) or more
by the lower court of a non-probationable grave or less grave felonies.
offense (frustrated homicide), but on appeal,
was found guilty of a probationable offense Requisites:
(attempted homicide) may apply for
probation. (Colinares vs People, G.R. No. a. That only one single act is committed by
182748, December 13, 2011) the offender ; and

Continuing Crimes (or transitory b. That the single act produces:

offenses) i. two (2) or more grave felonies
ii. one (1) or more grave and one or
It is a crime where some acts are more less grave felonies
material and essential thereto and requisite iii. two (2) or more less grave
felonies

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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
Complex Crime Proper A special complex crime, is composed of
two or more crimes that the law treats as a
When committing an offense is a single indivisible and unique offense for
necessary means for committing another being the product of a single criminal
impulse. It is a specific crime with a specific
Requisites:
penalty provided by law. (People vs Villa
a. That at least two (2) offenses are Flores G.R. No. 184926, April 11, 2012)
committed;
Circumstances affecting Criminal
b. That one or some of the offenses Liability
must be necessary to commit the other;
and Justifying circumstances
c. That both or all the offenses must be Well settled is the rule in criminal cases
punished under the same statute. that the prosecution has the burden of proof
to establish the guilt of the accused beyond
NOTE: When an offender performed more reasonable doubt. However, once the
than one act, although similar, if they result accused admits the commission of the
in separate crimes, there is no complex offense charged but raises a justifying
crime at all, instead, the offender shall be circumstance as a defense, the burden of
prosecuted for as many crimes as are proof is shifted to him. He cannot rely on the
committed under separate information. weakness of the evidence for the
prosecution for even if it is weak, it cannot
When the single act brings about two or be doubted especially after he has admitted
more crimes, the offender is punished with the killing. This is because a judicial
only one penalty, although in the maximum confession constitutes evidence of a high
period, because he acted only with single order. (People vs Concillado, G.R. No.
criminal impulse. If there is only one criminal 181204, November 28, 2011, Del Castillo)
impulse which brought about the
commission of the crime, the offender Art. 11. Justifying circumstances. — The
should be penalized only once. In this case following do not incur any criminal liability:
it is not the singleness of the act but the
singleness of the impulse that has been a. Anyone who acts in defense of his
considered. person or rights, provided that the
following circumstances concur;
In a complex crime, although two or more
crimes are actually committed, they First. Unlawful aggression;
constitute only one (1) crime in the eyes of Second. Reasonable necessity of the
the law as well as in the conscience of the means employed to prevent or repel it;
offender. (Reyes, 2012) and
Third. Lack of sufficient provocation on
NOTE: There is no complex crime of arson the part of the person defending himself.
with homicide.
b. Anyone who acts in defense of
Special Complex Crimes / Composite the person or rights of his spouse,
Crimes ascendants, descendants, or legitimate,
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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
natural or adopted brothers or sisters, or defense contemplates a rational
his relatives by affinity in the same equivalence between the means of attack
degrees and those consanguinity within
the fourth civil degree, provided that the and the defense. (Dela Cruz vs People,
first and second requisites prescribed in G.R. No. 189405, November 19, 2014)
the next preceding circumstance are
present, and the further requisite, in The Doctrine of Rational Equivalence
case the provocation was given by the presupposes the consideration not only of
person attacked, that the one making the nature and quality of the weapons used
defense had no part therein. by the defender and the assailant but of the
totality of circumstances surrounding the
c. Anyone who acts in defense of the defense vis-à-vis the unlawful aggression.
person or rights of a stranger, provided
that the first and second requisites Exempting Circumstances
mentioned in the first circumstance of
this Art. are present and that the person Insanity
defending be not induced by revenge,
resentment, or other evil motive. The evidence of insanity must refer to
the time preceding the act under
d. Any person who, in order to avoid an prosecution or to the very moment of its
evil or injury, does not act which causes execution. If the evidence points to insanity
damage to another, provided that the subsequent to the commission of the crime,
following requisites are present; the accused cannot be acquitted.

First. That the evil sought to be avoided Minority

actually exists;
Discernment means the capacity of the
Second. That the injury feared be child at the time of the commission of the
greater than that done to avoid it; and offense to understand the differences
between right and wrong and the
Third. That there be no other practical consequences of the wrongful act.
and less harmful means of preventing it.
Mitigating circumstances
e. Any person who acts in the fulfilment
of a duty or in the lawful exercise of Praeter Intentionem
a right or office; and
This means unintentional. A person shall
f. Any person who acts in obedience to incur criminal liability for committing an
an order issued by a superior for intentional felony although its wrongful
some lawful purpose. consequence is graver than that intended.
(Campanilla, 2017)

NOTE: The means employed by a person NOTE: Mitigating circumstance of praetor

resorting to self-defense must be rationally intentionem can be appreciated when there
necessary to prevent or repel an unlawful is a notable disparity between the means
aggression. And the person invoking self- employed by the accused to commit a
wrong and the resulting crime
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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
committed. The intention of the accused at facilitate his getaway.(People vs Pareja,
the time of the commission of the crime is G.R. No. 88043, December 9, 1996)
manifested from the weapon used, the
mode of attack employed, and the injury Treachery
sustained by the victim (People vs
Buenamer, G.R. No. 206227, August 31, Treachery is not a qualifying
2016, Del Castillo) circumstance but a generic aggravating
circumstance to robbery with homicide
In praeter intentionem, evident although said crime is classified as a crime
premeditation can be considered. They shall against property and single and indivisible
be independently appreciated.(Reyes, crime. (People vs Baron, G.R. No. 185209,
2012) June 28, 2010, Del Castillo)

Aggravating Circumstances Evident Premeditation

Dwelling It is a deliberate planning of the

criminal act before executing it. The criminal
The aggravating circumstance of act must be preceded by cool thought and
dwelling should be taken into account. reflection upon the decision to carry out the
Although the triggerman fired the shot from criminal intent during the time interval
outside the house, his victim was inside. sufficient to arrive at a calm judgment.
For this circumstance to be considered it is
not necessary that the accused should Elements of evident premeditation:
have actually entered the dwelling of the
victim to commit the offense; it is enough a. A previous decision by the accused
that the victim was attacked inside his own to commit the crime;
house, although the assailant may have b. An overt act or acts manifestly
devised means to perpetrate the assault indicating that the accused has
from without. (People vsTirso, G.R. No. clung to his determination; and
214757, March 29, 2017, Del Castillo) c. A lapse of time between the decision
to commit the crime and its actual
Night time execution enough to allow the
accused to reflect upon the
Even if there was darkness but the night consequences of his acts. These
time was only an incident of a chance elements have to be proven beyond
meeting, there is no aggravating reasonable doubt. (People vs.
circumstance here. It must be shown that Aniano, G.R. No. 229829, January
22, 2018)

NOTE: The premeditation to kill must be

the offender deliberately sought the cover of plain and notorious; it must be sufficiently
darkness and the offender purposely took proven by evidence of outward acts
showing the intent to kill. In the absence of
advantage of nighttime to facilitate the
commission of the offense, to insure his clear and positive evidence, mere
immunity from capture, or otherwise to presumptions and inferences of evident
premeditation, no matter how logical and
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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
same degree, unless the accessory himself
probable, are insufficient. It bears reiterating profited from the effects or proceeds of the
that a qualifying circumstance such as crime or assisted the offender to profit
evident premeditation must be proven as therefrom.
clearly as the crime itself. (People vs
Mendoza G.R. No. 143765, July 30, 2002) Note: The accessory comes into the picture
when the crime is already consummated.
Alternative circumstances Anyone who participated before the
consummation of the crime is either a
Four alternative circumstances: principal or an accomplice. He cannot be
an accessory.
a. Relationship;
b. Intoxication; General Rule: The accessory and
c. Degree of instruction; and accomplice must be charged together with
d. Education. the principal and that if the latter be
acquitted, the accomplice and the
Note: Use the term alternative circumstance accessory shall not be criminally liable also,
when the particular circumstance is not unless the acquittal is based on a defense
involved in any case or problem. The which is personal only to the principal.
moment it is given in a problem, do not use
alternative circumstance – rather, refer to it Exception: Under Rule 110 of the Revised
as aggravating or mitigating depending on Rules on Criminal Procedure, it is
whether the same is considered as such or required that all those involved in the
the other. commission of the crime must be included
in the information that may be filed.
Persons Liable and Degree of
Participation Conspiracy and Proposal

It is only when the light felony is against Conspiracy

person or property that criminal liability
attaches to the principal or accomplice, General Rule: When there is conspiracy,
even though the felony is only attempted or the rule is that the act of one is the act of all.
frustrated. However, accessories are not This principle applies only to the crime
liable for light felonies. agreed upon.

Accessories Exception: If any of the co-conspirator

would commit a crime not agreed upon.
Two situations where accessories are not This happens when the crime agreed upon
criminally liable: and the crime committed by one of the co-
conspirators are distinct crimes.
a. When the felony committed is a light
felony; And Exception to the exception: In acts
constituting a single indivisible offense,
b. When the accessory is related to the even though the co-conspirator performed
principal as spouse, or as an ascendant, or different acts bringing about the composite
descendant or as brother or sister whether crime, all will be liable for such crime. They
legitimate, natural or adopted or where the can only evade responsibility for any other
accessory is a relative by affinity within the crime outside of that agreed upon if it is
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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
-ted present and the previous quent
crime are present crime is and
proved that the particular conspirator had embraced crime are equal or present
tried to prevent the commission of such in the immaterial greater crimes
other act. The rule would be different if the same title. . than that must be
crime committed was not a composite for the serious
present or less
crime. crime or serious
the physical
Two (2) Types of Conspiracy: penalty for injuries,
the two theft,
previous robbery,
a. Conspiracy as a crime. There is a law crimes is estafa or
that provides a penalty therefor. E.g. lighter falsifica-
Conspiracy to commit treason; and than that tion of
for the docu-
present ment.
b. Conspiracy as a manner of incurring crime.
criminal liability. Two or more persons come
Period The Present Present The ac-
to an agreement concerning the of time accused crime is crime is cused
commission of a felony and decide to was being committed committed was
commit it. tried of the before after convic-
present beginning serving his ted of
crime to serve or sentence second
NOTE: When conspiracy itself is a crime, no when he while for crime
overt act is necessary to bring about the was serving his previous within 10
criminal liability. The mere conspiracy is the convicted sentence crime/s. years
of the for the after
crime itself. This is only true when the law
previous previous convic-
expressly punishes the mere conspiracy; crime by crime. tion or
otherwise, the conspiracy does not bring final release
about the commission of the crime because judgment. of the
first
conspiracy is not an overt act but a mere crime;
preparatory act. then he
is convic-
Proposal ted of the
third
crime
There is proposal when the person within 10
who has decided to commit a felony years
after
proposes its execution to some other
convic-
person or persons. E.G.(1) Proposal to tion or
commit treason; and (2) Proposal to commit release
rebellion or insurrection. of the
second
crime.
NOTE: In proposal, only the person
proposing or the proponent is criminally Number There There There There
of must be at must be at must be at must be
liable. crimes least two least two least two at least
commit crimes. crimes. crimes. three
Four Types of Repetition ted But, if the crimes.
penalty for
Recidivism Quasi- Reiteracion Habitual the
Delinquency
recidivism previous
crimes is
Crimes Previous Nature of The The lighter
commit crimes previous penalty for previous, than that
and the crimes the subse-

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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
for present c. Harboring or concealing, or facilitating the
crime,
there must
escape of, any person he knows, or has
be at least reasonable ground to believe or suspect,
three has committed any offense under existing
crimes. penal laws in order to prevent his arrest
Effects Requires Requires Requires Re- prosecution and conviction;
in the the the quires
relation application application application the d. Publicly using a fictitious name for the
to of the of the of the imposi-
penalty penalty for penalty for penalty for tion of
purpose of concealing a crime, evading
the the the penalty prosecution or the execution of a judgment,
present present present in or concealing his true name and other
crime in its crime in its crime in its addition personal circumstances for the same
maximum maximum maximum to the
period period period princi-pal purpose or purposes;
unless it is regardless unless it is penalty
offset by a of the offset by a for the e. Delaying the prosecution of criminal
mitigating presence mitigating present
circums- of a circums- crime.
cases by obstructing the service of process
tance. mitigating tance. or court orders or disturbing proceedings in
circums- (Campa the fiscal's offices, in Tanodbayan, or in the
tance. nilla,
2017)
courts;

f. Making, presenting or using any record,

Persons liable under section 1 of P.D. document, paper or object with knowledge
No. 1829 (Obstruction of Justice): of its falsity and with intent to affect the
course or outcome of the investigation of, or
Any person who knowingly or wilfully official proceedings in, criminal cases;
obstructs, impedes, frustrates or delays the
apprehension of suspects and the g. Soliciting, accepting, or agreeing to
investigation and prosecution of criminal accept any benefit in consideration of
cases by committing any of the following abstaining from, discounting, or impeding
acts: the prosecution of a criminal offender;

a. Preventing witnesses from testifying in h. Threatening directly or indirectly another

any criminal proceeding or from reporting with the infliction of any wrong upon his
the commission of any offense or the person, honor or property or that of any
identity of any offender/s by means of
bribery, misrepresentation, deceit, immediate member or members of his
intimidation, force or threats; family in order to prevent such person from
appearing in the investigation of, or official
b. Altering, destroying, suppressing or proceedings in, criminal cases, or imposing
concealing any paper, record, document, or a condition, whether lawful or unlawful, in
object, with intent to impair its verity, order to prevent a person from appearing in
authenticity, legibility, availability, or the investigation of or in official proceedings
admissibility as evidence in any in, criminal cases;
investigation of or official proceedings in,
criminal cases, or to be used in the i. Giving of false or fabricated information to
investigation of, or official proceedings in, mislead or prevent the law enforcement
criminal cases; agencies from apprehending the offender or
from protecting the life or property of the
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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
more than three times the length of the most
victim; or fabricating information from the severe (30 years x 3 =90). The penalty
data gathered in confidence by investigating satisfies the first parameter since 62 is less
authorities for purposes of background than 90. However, at no point shall the total
information and not for publication and length be more than 40 years. Hence, the
publishing or disseminating the same to entire 62 years cannot be imposed, only the
mislead the investigator or to the court. limit of 40 years. This should be applied to
(Section 1, P.D. No. 1829) penalties which are served successively
and does not apply to penalties which can
Application of Indeterminate Sentence be served ―simultaneously‖.
The indeterminate sentence must Subsidiary Imprisonment
have a minimum and a maximum; not a
straight penalty. Therefore, it is not If the judgment for a penalty of fine
applicable to persons sentenced with provides that subsidiary penalty shall be
reclusion perpetua. served in case of insolvency, the offender
can apply for probation. In such case, the
NOTE: It is settled that reclusion perpetua is duration of the probation should not be less
an indivisible penalty without a minimum or than the period of his subsidiary penalty, but
maximum period. Parole, on the other hand, not more than twice the subsidiary penalty.
is extended only to those sentenced to Hence, you have to determine first the
divisible penalties as is evident from Sec. 5 duration of the subsidiary penalty.
of the Indeterminate Sentence Law, which
provides that it is only after ―any prisoner Absolutory Causes
shall have served the minimum penalty
imposed on him that the Board of It absolve the offender from criminal
Indeterminate Sentence may consider liability, although not from civil liability.
whether such prisoner may be granted
parole. (People vs Gardon, G.R. No. Under Article 20, RPC, penalties
169872, September 26, 2007 prescribe for accessories shall not be
Three-fold rule imposed upon those who are such with
respect to their spouses, ascendants,
When a convict is to serve descendants, legitimate, natural and
successive penalties, the length of adopted brothers and sisters, or relatives by
incarceration cannot be more than three affinity, within the same degrees with the
exception of accessories who profited
times the length of the most severe penalty, themselves or assisting the offender to profit
but in no case exceed40 years. by the effects of the crime.
NOTE: If A committed the following crimes, NOTE: Entrapment is not an absolutory
murder (RP), homicide (RT), and serious cause because in entrapment, the offender
physical injuries (PM). The penalty to be is already committing a crime.
imposed shall be served successively.
Thus, 30 years for RP, 20 years for RT, and NOTE: The absolutory cause under Article
12 years for PM. In total, the penalties 332 of the Revised Penal Code only applies
amount to 62 years. Under the three-fold to the felonies of theft, swindling and
rule, the sentence to be served cannot be malicious mischief.
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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
The waiver does not apply when the some legal ground while here, the detention
violation of the right to property is achieved is not authorized by law. The crime pertains
through (and therefore inseparably to failure to deliver the person to the proper
intertwined with) a breach of the public judicial authority within the prescribed
interest in the integrity and presumed period while here, the arrest is not
authenticity of public documents. For, in the authorized by law.
latter instance, what is involved is no longer
simply the property right of a family relation Crimes against Public Interest
but a paramount public interest.(Intestate
estate of de Carungcong vs People, G.R. Direct Assault
No. 181409, February 11, 2010)
How committed:
Modes of extinction of criminal liabilities
a. Any person or persons who, without a
a. Death of the offender; public uprising, shall employ force or
b. Service of the sentence; intimidation for the attainment of any of the
c. Amnesty or absolute pardon; purposes enumerated in defining the crimes
d. Prescription of crime; of rebellion and sedition; and
e. Marriage between the offender and
the offended in crimes against chastity b. Any person or persons who, without a
or rape; public uprising, shall attack, employ force,
f. Forgiveness in marital rape; and or seriously intimidate or resist any person
g. Probation. in authority or any of his agents, while
engaged in the performance of official
The doctrine of condonation of duties, or on occasion of such
administrative offense by reason of performance.(Gelig vs People, G.R. No.
reelection has been abandoned for being 173150, July 28, 2010, Del Castillo)
inconsistent with the Constitution. (Morales
vs CA, G.R. No. 217126-27, November 10, NOTE: The act of the accused in firing an
2015) M14 rifle to the policemen who were about
to enter his house to serve a search warrant
I. REVISED PENAL CODE (BOOK II)
Crimes against the Fundamental Laws of constitutes the crime of direct assault with
the State multiple attempted homicide, not multiple
attempted murder with direct assault,
Arbitrary Detention considering that no policeman was hit and
injured by the accused and no circumstance
If the detention or arrest is for a legal was proved to qualify the attempted killing
ground, but the public officer delays delivery to attempted murder.(People vs Mihajil
of the person arrested to the proper judicial G.R. Nos. 136149-51. September 19,
authorities, then Article 125 will apply. 2000)

NOTE: This felony may also be committed

by public officers. Enforced disappearance
constitutes arbitrary detention or unlawful
arrest under Article 269 of Revised Penal
Code. In Article 125, the detention is for
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Pre Week Notes for Criminal Law
Crimes against Public Order a. The accused in the direct bribery case is
the public officer only. The bribe giver will
Comprehensive Dangerous Drugs Act be punished for Corruption of a Public
Officer.
The failure of the arresting officers to b. Private persons are liable if they are
strictly comply with the law is not fatal and performing public functions such as
will not render the accused’s arrest illegal or assessors, arbitrators, appraisers and claim
the items seized/confiscated from him commissioners. These private persons
inadmissible. What is of utmost importance is are usually designated and/or directed by
the preservation of the integrity and the the court to perform these functions as part
evidentiary value of the seized items, as the of pending proceedings, and to submit their
same would be utilized in the determination findings to the court
of the guilt or innocence of the
accused.(Tionco vs People G.R. No. Difference between Direct and Indirect
192284, March 11, 2015, Del Castillo) bribery

The illegal possession of regulated Direct bribery Indirect bribery

drugs is mala prohibita, and, as such, There is an no agreement
criminal intent is not an essential element. agreement
However, the prosecution must prove that the between the public
accused had the intent to possess (animus officer and the
posidendi) the drugs. Possession, under the giver of the gift or
law, includes not only actual possession, but present
also constructive possession. Actual The offender It is not necessary
possession exists when the drug is in the agrees to perform that the officer
immediate possession or control of the or performs an act should do any
accused. On the other hand, constructive or refrains from particular act or
possession exists when the drug is under the doing something, even promise to do
dominion and control of the accused or when because of the gift an act, as it is
he has the right to exercise dominion and or promise enough that he
control over the place where it is found. accepts gifts
Exclusive possession or control is not offered to him by
necessary. The accused cannot avoid reason of his
conviction if his right to exercise control and office.(Pozar vs.
dominion over the place where the CA, G.R. No. L-
contraband is located, is shared with another. 62439 October
(People vs Tira, G.R. No. 139615, May 28, 23, 1984)
2004)
Malversation
Crimes committed by Public Officers
Private individual guilty of malversation
Bribery through his independent acts under Article
222 of the Revised Penal Code, since it
Things to note: extends the provisions of the Penal Code on
malversation to private individuals. (Flores
vs People, G.R. Nos. 156384-85, February
4, 2008)
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Pre Week Notes for Criminal Law
Crimes against Persons d. That the killing was not attended by
any of the qualifying circumstances
Evidence to prove intent to kill in of murder, or by that of parricide or
crimes against persons may consist, among infanticide. (People vs Badriago,
other things, of the means used by the G.R. No. 183566, May 8, 2009)
malefactors; the conduct of malefactors
before, at the time of, or immediately after Crimes against Property
the killing of the victim; and the nature,
location and number of wounds sustained Robbery
by the victim. (Guevarra vs People, G.R.
No. 170462, February 5, 2015) In robbery with homicide, the original
criminal design of the malefactor is to
Parricide commit robbery, with homicide perpetrated
on the occasion or by reason of the robbery.
The qualifying circumstance of The intent to commit robbery must precede
relationship in parricide is personal. Hence, the taking of human life. (People vs Leon,
it can be appreciated against the wife but G.R. No. 179943, June 26, 2009)
not against a co-conspirator, who is not
related to her husband, the victim.(People NOTE: It is not necessary to show that the
vs Bucsit G.R. No. 17865, March 15, sole purpose was robbery and by reason
1922). thereof, homicide was committed. However,
that robbery must still be the main purpose
Murder and objective of the criminals and that the
killing was merely incidental resulting
Elements: merely by reason or on occasion of the
robbery. (People vs Alberca, G.R. No.
a. That a person was killed; 117106, June 26, 1996)
b. That the accused killed him;
c. That the killing was attended When the servant opens his master’s
by any of the qualifying room using a key voluntarily delivered to
circumstances mentioned in Art. him by the master and takes away personal
248; and property owned by his master, he is guilty of
d. The killing is not parricide or theft and not robbery.(US vs Gernale, G.R.
infanticide.(People vs Cruz, G.R. No. 8098, November 19, 19122)
No. 188353, February 10, 2016)
The passing of the accused through a
Homicide window, and the breaking of the window
could not properly be regarded as
Elements: aggravating circumstances in the crime of
trespass to dwelling, nevertheless the other
a. That a person was killed; aggravating circumstances were sufficient
b. That the accused killed that person to justify the imposition of the maximum
without any justifying circumstance; degree of the corresponding penalties. If the
c. That the accused had the intention intention of the accused was to rob but rape
to kill, which is presumed; and was also committed even before the
asportation the crime is robbery with rape.
But if the original plan was to rape but the

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Pre Week Notes for Criminal Law
accused after committing the rape also resolving cases involving intentional arson
committed robbery when the opportunity is the criminal intent of the offender.
presented itself, the offenses should be Knowledge that the place is occupied by a
viewed as separate and distinct. (People vs person when the building is set on fire
Medina, G.R. No. L-38417, December 16, increases the penalty since he reveals
1933) greater perversity in doing so. (Sandoval,
Book II)
NOTE: Intent, not act to take personal
property of another must precede the rape. Crimes against Persons
(People vs Faigano, G.R. No. 113483,
February 22, 1996) Rape

In order to have robbery with arson, The elements of qualified rape are:
there must be violence or intimidation
against persons first and thereafter, the a. Sexual congress;
premises were burned, and there is no b. With a woman;
killing, rape or intentional mutilation. c. Done by force and without consent;
d. The victim is under 18 years of age at
Arson the time of the rape; and
e. The offender is a parent (whether
If the crime of arson was employed by legitimate, illegitimate or adopted) of the
the offender as a means to kill the offended victim. (People vs Colentava, G.R. No.
party, the crime committed is murder. The 190348, February 09, 2015, Del
burning of the property as the means to kill Castillo)
the victim is what is contemplated by the
word ―fire‖ under Article 248 which qualifies NOTE: Since the crime of rape is essentially
the crime to murder.(Reyes, p.864) one committed in relative isolation or even
secrecy, it is usually only the victim who can
When the burning of the property was testify with regard to the fact of the forced
done by the offender only to cause damage coitus. In its prosecution, therefore, the
but the arson resulted to death of a person, credibility of the victim is almost always the
the crime committed is still arson because single and most important issue to deal with.
the death of the victim is a mere If the testimony of the victim is credible,
consequence and not the intention of the convincing and consistent with human nature
offender. (People vs Paterno, G.R. No. L- and the normal course of things, the accused
2665, March 6, 1950) may be convicted solely on the basis thereof.

Even if the whole houses have not (People vs Dumpa, G.R. No. 207633,
been completely gutted by the fire, the December 09, 2015, Del Castillo)
crime committed is still consummated
arson. It is enough that a portion thereof is In rape, the force and intimidation
shown to have been destroyed. (People vs must be viewed in the light of the victim’s
Hernandez, G.R. No. 31770, December 5, perception and judgment at the time of the
1929) commission of the crime. It is settled that not
all victims react the same way. Some victims
Note: There is no special complex crime of may cry out, some may faint, some may be
arson with homicide. What matters in shocked into insensibility, while others may

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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
appear to yield to the intrusion. Some may
offer strong resistance while others may be b. That the damage impending to be caused
too intimidated to offer any resistance at all. in not immediate or the danger is not clearly
Moreover, resistance is not an element of manifest.
rape. A rape victim has no burden to prove
Quasi-offenses punished
that she did all within her power to resist the
force or intimidation employed upon her. As Committing through reckless imprudence
long as the force or intimidation is present, any act which, had it been intentional, would
whether it was more or less irresistible is constitute a grave or less grave felony or
beside the point. (People vs Gajardo, G.R. light felony;
No. 213390, March 25, 2014, Del Castillo)
a. Committing through simple
III. QUASI-OFFENSES imprudence or negligence an act
which would otherwise constitute a
Criminal Negligence grave or a less serious felony;

Elements of Reckless Imprudence b. Causing damage to the property of

another through reckless
a. That the offender does or fails to do an imprudence or simple imprudence or
act; negligence; and

b. That the doing of or the failure to do c. Through simple imprudence or

that act is voluntary; negligence some wrong which, if
done maliciously, would have
c. That it be without malice; constituted a light felony.

Test of Negligence
d. That material damage results;
Would a prudent man in the position of
e. That there is inexcusable lack of the person to whom negligence is attributed,
precaution on the part of the offender, foresee harm to the person injured? If so,
taking into consideration: the law imposes on the doer, the duty to
i. His employment or occupation refrain from the course of action, or to take
precaution against such result. Failure to do
ii. Degree of intelligence, physical so constitutes negligence. Reasonable
condition, and foresight of harm, followed by ignoring the
admonition borne of this provision, is the
iii. Other circumstances regarding constitutive fact of negligence. (Picart vs
persons, time and place. Smith, G.R. No. L-12219, March 15, 1918)

Elements of Simple Imprudence Contributory Negligence

a. That there is lack of precaution on the The defense of contributory negligence

part of the offender; and does not apply in criminal cases committed
through reckless imprudence. It is against
public policy to invoke the negligence of
another to escape criminal liability.
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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
(Genobiagon vs CA, G.R. No. L-40452, A. Anti-Graft and Corrupt Practices Act
October 12, 1989) (R.A. No. 3019)

NOTE: The above-mentioned doctrine The following shall constitute corrupt

should be reconciled with the doctrine of practices of any public officer and are
―concurrent proximate cause of two hereby declared to be unlawful:
negligent drivers.”
a. Persuading, inducing or influencing
Last clear chance doctrine another public officer to perform an act
constituting a violation of rules and
The contributory negligence of the regulations duly promulgated by
injured party will not defeat the action if it be competent authority or an offense in
shown that the accused might, by the connection with the official duties of the
exercise of reasonable care and prudence, latter, or allowing himself to be
have avoided the consequences of the persuaded, induced, or influenced to
negligence of the injured party. commit such violation or offense.

Emergency rule b. Directly or indirectly requesting or

receiving any gift, present, share,
An automobile driver, who, by the percentage, or benefit, for himself or for
negligence of another, is suddenly placed in any other person, in connection with any
an emergency and compelled to act contract or transaction between the
instantly to avoid a collision or injury is not Government and any other part, wherein
guilty of negligence if he makes a choice the public officer in his official capacity
which a person of ordinary prudence placed has to intervene under the law.
in such a position might make even though
he did not make the wisest choice. c. Directly or indirectly requesting or
receiving any gift, present or other
Force majeure in relation to negligence pecuniary or material benefit, for himself
or for another, from any person for
Force majeure has reference to an whom the public officer, in any manner
event which cannot be foreseen, or which or capacity, has secured or obtained, or
being foreseen, is inevitable. It implies an will secure or obtain, any Government
extraordinary circumstance independent of permit or license, in consideration for the
the will of the actor or perpetrator. In help given or to be given, without
negligence, the immediate personal harm or prejudice to Section thirteen of this Act.
damage to property is perceivable and can
be prevented by the exercise of reasonable d. Accepting or having any member
care. As the event is foreseeable, the failure of his family accept employment in a
of the actor to use reasonable care to private enterprise which has pending
prevent harm or damage constitutes official business with him during the
reckless imprudence or simple negligence. pendency thereof or within one year
(People vs Eleazar, April 24, 1963) after its termination.

IV. SPECIAL LAWS

d. Causing any undue injury to any party,
including the Government, or giving any

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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
private party any unwarranted benefits, which exercises discretion in such
advantage or preference in the approval, even if he votes against the
discharge of his official administrative or same or does not participate in the
judicial functions through manifest action of the board, committee, panel or
partiality, evident bad faith or gross group.
inexcusable negligence. This provision
shall apply to officers and employees of Interest for personal gain shall be
offices or government corporations presumed against those public officers
charged with the grant of licenses or responsible for the approval of
permits or other concessions. manifestly unlawful, inequitable, or
irregular transaction or acts by the
f. Neglecting or refusing, after due board, panel or group to which they
demand or request, without sufficient belong.
justification, to act within a reasonable
time on any matter pending before him j. Knowingly approving or granting
for the purpose of obtaining, directly or any license, permit, privilege or benefit
indirectly, from any person interested in in favor of any person not qualified for or
the matter some pecuniary or material not legally entitled to such license,
benefit or advantage, or for the purpose permit, privilege or advantage, or of a
of favoring his own interest or giving mere representative or dummy of one
undue advantage in favor of or who is not so qualified or entitled.
discriminating against any other
interested party. k. Divulging valuable information of a
confidential character, acquired by his
g. Entering, on behalf of the office or by him on account of his official
Government, into any contract or position to unauthorized persons, or
transaction manifestly and grossly releasing such information in advance of
disadvantageous to the same, whether its authorized release date. (Section 3,
or not the public officer profited or will R.A. No. 3019)
profit thereby.
NOTE: The crime charged must be
h. Director or indirectly having intimately connected with the discharge of
financing or pecuniary interest in any the official functions of the accused.
business, contract or transaction in
connection with which he intervenes or Prohibition on private individuals:
takes part in his official capacity, or in
which he is prohibited by the a. It shall be unlawful for any person
Constitution or by any law from having having family or close personal relation with
any interest. any public official to capitalize or exploit or
take advantage of such family or close
i. Directly or indirectly becoming personal relation by directly or indirectly
interested, for personal gain, or having a requesting or receiving any present, gift or
material interest in any transaction or act material or pecuniary advantage from any
requiring the approval of a board, panel other person having some business,
or group of which he is a member, and transaction, application, request or contract
with the government, in which such public
official has to intervene. Family relation shall
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Pre Week Notes for Criminal Law
include the spouse or relatives by organization by placing the recruit, neophyte
consanguinity or affinity in the third civil or applicant in some embarrassing or
degree. The word "close personal relation" humiliating situations such as forcing him to
shall include close personal friendship, do menial, silly, foolish and other similar
social and fraternal connections, and tasks or activities or otherwise subjecting
professional employment all giving rise to him to physical or psychological suffering or
intimacy which assures free access to such injury. (Section 1 of R.A. No. 8049)
public officer.
Elements:
It shall be unlawful for any person
knowingly to induce or cause any public a. An initiation as a prerequisite for
official to commit any of the offenses admission into membership;
defined in Section 3 hereof. (Section 4, R.A.
No. 3019) b. A recruit or neophyte; and

NOTE: Private persons, when acting in c. The recruit, neophyte or applicant is

conspiracy with public officers, may be placed in some embarrassing or
indicted and, if found guilty, held liable for humiliating situations.
the pertinent offenses under Section 3 of
R.A. 3019. (Tan vs People, G.R. No. NOTE: The essence of hazing is that
218902, October 17, 2016) fraternal contract should not be signed in
blood, celebrated with pain, marred by
B. Anti-Plunder Law (Republic Act No. injuries, and perpetrated through suffering.
7080, as amended) (Dungo, et al. vs People, G.R. No.
209464, July 01, 2015)
Sec. 2.Definition of the Crime of
Plunder; Penalties. – Any public officer Persons liable as principal:
who, by himself or in connivance with
members of his family, relatives by affinity a. Actual participants of the hazing;
or consanguinity, business associates, b. The officers, former officers, or
subordinates or other persons, amasses, alumni of the organization, group,
accumulates or acquires ill-gotten wealth fraternity or sorority who actually
through a combination or series of overt planned the hazing;
criminal acts as described in Section 1 (d)
hereof in the aggregate amount or total c. Those knowingly cooperated in
value of at least Seventy-five million pesos carrying out the hazing by inducing
(P75,000,000.00), shall be guilty of the the victim to be present thereat;
crime of plunder and shall be punished by d. The fraternity or sorority's adviser
life imprisonment with perpetual absolute who was present but failed to
disqualification from holding any public prevent the hazing; and
office. e. The parents of an officer or member
if the hazing is held in the home of
Anti-Hazing Law (R.A. No. 8049) one of the officers or members of the
fraternity and they have actual
Hazing is an initiation rite or practice knowledge of the hazing but failed to
as a prerequisite for admission into take any action to prevent the same.
membership in a fraternity, sorority or

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Pre Week Notes for Criminal Law

Battered Woman Syndrome

Persons liable as an accomplice: A battered woman is one who is

repeatedly subjected to any forceful
a. The owner of the place where the physical or psychological behavior by a man
hazing was conducted; and in order to coerce her to do something he
b. The school authorities, including wants her to do without concern for her
faculty members, who consented to rights. It include wives or women in any
the hazing or who have actual form of intimate relationship with men. To
knowledge thereof, but failed to take be classified as such, the couple must go
any action to prevent the same from through the battering cycle at least twice.
occurring shall be punished as Any woman may find herself in an abusive
accomplices. relationship with a man once. If it occurs a
second time, and she remains in the
The study of the provisions of R.A. No. situation, she is a battered woman. (Boado,
8049 shows that, on paper, it is complete 2012)
and robust in penalizing the crime of hazing.
It was made malum prohibitum to discount NOTE: Victim-survivors who are found by
criminal intent and disallow the defense of the courts to be suffering from battered
good faith. It took into consideration the woman syndrome do not incur any criminal
different participants and contributors in the and civil liability notwithstanding the
hazing activities. (Dungo, et al. vs People, absence of any of the elements for justifying
G.R. No. 209464, July 01, 2015) circumstances of self-defense under the
Revised Penal Code.
C. Anti-Violence against Women and
their Children Act (R.A. No. 9262) Cycles of Battery to Establish BWS

Violence against women and their Phases of Cycle of Violence:

children refers to any act or a series of acts
committed by any person against a woman a. The tension-building phase- minor
who is his wife, former wife, or against a battering occurs, it could be verbal
woman with whom the person has or had a or slight physical abuse or another
sexual or dating relationship, or with whom form of hostile behavior. The woman
he has a common child, or against her child usually tries to pacify the batterer
whether legitimate or illegitimate, within or through a show of kind, nurturing
behavior, or by simply staying out of
without the family abode, which result in or his way;
is likely to result in physical, sexual,
psychological harm or suffering, or b. Acute battery Incident- said to be
economic abuse including threats of such characterized by brutality,
acts, battery, assault, coercion, harassment destructiveness and, sometimes,
or arbitrary deprivation of liberty. (Section death. The battered woman deems
3, R.A. No. 9262) this incident as unpredictable, yet
also inevitable; and

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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
b. The knowledge of the maker,
drawer, or issuer that at the time of
c. The tranquil, loving phase- The issue he does not have sufficient
couple experience profound relief.
On the one hand, the batterer may funds in or credit with the drawee
show a tender and nurturing bank for the payment of the check in
behavior towards his partner. He full upon its presentment; and
knows that he has been viciously
cruel and tries to make up for it, c. The subsequent dishonor of the
begging for her forgiveness and check by the drawee bank for
promising never to beat her again. insufficiency of funds or credit or
On the other hand, the battered dishonor for the same reason had
woman also tries to convince herself not the drawer, without any valid
that the battery will never happen cause, ordered the bank to stop
again; that her partner will change payment.
d. Failure to satisfy the obligation within
for the better; and that this good, five (5) days from issuer’s
gentle and caring man is the real
person whom she loves.
receipt/knowledge of notice of
NOTE: Crucial to the BWS defense is the dishonor.
state of mind of the battered woman at the
time of the offense—she must have actually E. Comprehensive Dangerous Drugs Act
feared imminent harm from her batterer and (R.A. No. 9165)
honestly believed in the need to kill him in
order to save her life.(People vs Genosa Elements of illegal possession of regulated
G.R. No. 135981. January 15, 2004) or prohibited drugs:

D. Bouncing Checks Law (B.P. Blg. 22) a. The accused was in possession of
dangerous drugs;
The gravamen of the offense
punished by B.P. Blg. 22 is the act of b. Such possession is not authorized
making and issuing a worthless check; that by law; and
is, a check that is dishonored upon its
presentation for payment. It is designed to c. The accused was freely and
prevent damage to trade, commerce, and consciously aware of being in
banking caused by worthless possession of dangerous drugs.
checks.(Gidwani vs People, G.R. No. (People vs EyamWatang, G.R. No.
195064, January 15, 2014, Del Castillo) 184056, November 26, 2012, Del
Castillo)
Elements:
NOTE: What is material in a prosecution for
a. The making, drawing and issuance illegal sale of drugs is the proof that the
of any check to apply for account or transaction or sale actually took place,
for value; coupled with the presentation in court of the
corpus delicti or the illicit drug in evidence.
(People vs Tanael, G.R. No. 200797,
January 12, 2015, Del Castillo)

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 PCU Bar Operations 2018
Pre Week Notes for Criminal Law
The prosecution’s evidence must
establish that the illegal drug presented in

court is the same illegal drug actually

recovered from appellant. (People vs
Butial, G.R. No. 192785, February 04,
2015, Del Castillo)

F. Cybercrime Prevention Act (R.A. No.

10175)

Section 6 of the cybercrime law

merely makes the commission of existing
crimes through the internet a qualifying
circumstance that raises by one degree the
penalties corresponding to such crimes.
This is not at all arbitrary since a substantial
distinction exists between crimes committed

through the use of ICT and similar crimes

committed using conventional means.

Exclusionary Rule

Any evidence procured without a valid

warrant or beyond the authority of the same
shall be inadmissible for any proceeding
before any court or tribunal.

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