Characteristics of Criminal Law: Criminal Liability (Who May Incur?) Classes of Felony
Characteristics of Criminal Law: Criminal Liability (Who May Incur?) Classes of Felony
Criminal Law RPC Special Penal Law Ordinance CRIMINAL LIABILITY (WHO MAY INCUR?)
Crime Felony Offense Infraction
CLASSES OF FELONY A. Any person committing a felony by B. Impossible Crime
Mistakes
INTENTIONAL FELONY UNINTENTIONAL OR 1. Error in Personae (Mistake in Identity) 1. Person performs an act which would
(Dolo or Deceit) CULPABLE FELONY (Fault or Ex. A shot B thinking that B was C. be an offense against person or
Culpa) property.
1. Intelligence (discernment) = capacity to know and 1. Intelligence 2. Abberatio Ictus (Mistake in the Blow) 2. The crime is either legally or physically
understand the consequence of one’s act Ex. A shot B hitting C impossible of accomplishment due to
inadequate or ineffectual means.
2. Freedom = voluntariness on the part of the person 2. Freedom 3. Preater Intentionem (The result be greater Penalty: Art 59. Arresto mayor and/or
to commit the act or omission.. than the intention) fine of 200 to 500 pesos.
3. Intent = (mens rea or criminal intent) the purpose 3. Negligence/ Imprudence Ex. A box B, B fell on the ground and died due
is to use a particular means to effect such result (lack of foresight/lack of skills to internal Haemorrhage.
Attempted Frustrated Consummated
The offender commences the commission of the felony directly by overt acts; The offender performs all the acts of execution when all the elements
He does not perform all the acts of execution which should produce the All the acts performed would produce the felony as a necessary for its
felony; consequence. execution and
The non-performance of all acts of execution was due to a cause or accident But the felony is not produced. accomplishment are
other than the offender’s own spontaneous desistance. By reason of causes independent of the will of the perpetrator. present.
Art . 9 Art 25. Degree of Penalty Art. 27 Duration of Art 90. Prescription Art 92. Art 39. Subsidiary Penalty Art 125.
Classes of Classes of Penalty Penalty of Crime Pres. Of 1 day/ P8 pesos (when no
Felony Penalty property to meet the fine)
Grave Capital Punishment Death (abolished by R.A. 9346) . 36 hrs
Felony Afflictive Penalty Rec. Perpetua 20 yrs/1 day to 40 yrs. 20 yrs. 20 yrs. Higher than P.C. – No
Rec. Temporal 12 yrs./1 day to 20 yrs. 20 15 Subsidiary Penalty
Prision Mayor 6 yrs./1 day to 12 yrs. 15 15
Less Correctional Prision Correctional 6 mos/ 1 day to 6 yrs. 10 10 PC, Arresto & fine not >1/3 18 hrs
Grave Penalty Arresto Mayor 1 mo./ 1 day to 6 mos. 5 5 of ther term but not > 1 yr.
Felony (Suspension and Distierro) Fine Only: GF & LG not >6
Light Light Penalty Arresto Menor 1 day to 30 days 2 mo. 1 yr. mos. And LF not > 15 days. 12 hrs
Felony (Public Censure) Libel – 1yr.
Defamation – 6 mos.
Complex Crime
Penalty is governed by Art. 48, RPC
Complex Crime Proper Compound Crime Special Complex Crime Continued Crime
1 Crime is necessary to 1 act results in two or more When: (1) On Occasion; (2) By Reason, or (3) during the When a series of act is
accomplished the intended Grave or Less Grave Felonies commission of One (1) crime another crime is committed committed under one
crime criminal resolution
Examples: Examples: Examples: Examples:
1. Rape with Forcible 1. A man who placed a bomb on 1. Rape with Homicide 1. A man who steals 4
abduction a bus killing several people and 2. Robbery with Homicide, Robbery with Rape, Robbery roosters which belongs to
2. Estafa through inflicting serious physical with mutilation, Robbery with Arson, Robbery with serious four neighbours is liable for
falsification of Public injuries. physical injury. one (1) count of theft only.
Document 2. A fired a gun towards B but 3. Kidnapping with rape, Kidnapping with Homicide, 2. X, Y, and Z robbed three
3. Theft through Forgery hitting C causing the later’s Kidnapping with Serious Physical Injury etc. houses over-night (since
Note: always begin by Death. Note: The other crime should not be committed after the they are neighbours) are
stating the intended crime (Attempted and Consummated consummation of the intended crime, otherwise two (2) liable for one count of
before the necessary crime. Homicide were committed) Separate crimes will be charged (using the conjunction robbery.
“AND”
Art 89. MODE OF TOTAL EXTINCTION OF CRIMINAL LIABILITY MODE OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY
1. By the death of the convict, as to the personal penalties; as to pecuniary liabilities, it is extinguished only when the 1. By conditional pardon- a contract between the
death of the offender occurs before final judgment. president and the convict the former will release the latter
2. By service of sentence; upon compliance with certain conditions.
3. By amnesty-an act of the sovereign power granting oblivion or a general pardon for past offense, and is rarely 2. By commutation of sentence- it is the reduction of the
exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons who are subject to period of imprisonment of the offender or the amount of
trail but not yet convicted. the fine.
4. By absolute pardon = A form of executive clemency 3. For good conduct time allowance- are deductions from
5. Prescription of crime- the forfeiture or the loss of the right of the state to prosecute the offender after the lapse of the term of the sentence for good behavior of the
a certain time. convicted prisoner.
6. Prescription of Penalty- the loss or forfeiture of the right of the Government to execute the final sentence after the 4. Parole- consists of the suspension of the sentence of a
lapse of a certain time. convict after serving the minimum term of the
7. Marriage of the offended party under Article 344 RPC indeterminate penalty.
BOOK 2
Title I – Crimes Against national Security and Law of Nations (Art 114 – 123 – Art 114. Treason, Art 115. Conspiracy & Proposal to Commit treason,Art. 116 .Misprison of Treason,
Art 117. Espionage, Art 118 Inciting to War or giving motives for reprisal , Art 119 Violation of Neutrality, Art 120. Correspondence to Enemy Country, Art 121. Flight to Enemy
country, Art 122. Piracy & Mutiny and, Art 123. Qualified Piracy)
Title 2 – Crimes Against the Fundamental law of the State (Art 124- 133) Art 124- Arbitrary Detention, Delay in the delivery of Arrested person to the proper judicial authority, Art
126 Delyaing Release, Art 127, Expulsion, Title 2 Art. 128 Violation of Domicile, Art 129 Search Warrant maliciously obtained and Abuse in the service of one legally obtained, Art
130, Searching Domicile without witness, Art 131. Prohibition, Interruption and Dissolution of Peaceful meeting, Art. 132. Interruption of Religious Worhip, Art 133. Offending
Religious Feeling.
Title 3 – Crimes Against Public Order
Title 4 – Crimes Against Public Interest
Title 5 – Crimes Related to Opuim and other prohibited Drugs
Title 6 – Crimes Against Public Moral
Title 7 – Crimes Committed by Public Officer
Title 8 – Crimes Against Person
Title 9 – Crimes Against Personal Liberty and Security
Title 10 – Crimes Against Property
Title 11 – Crimes Against Chastity
Title 12 – Crimes related to Civil Status
Title 13 – Crimes Against Honor
Title 14- Quasi –Offenses
Title 15 – Final Provisions