REVIEWER INTRO TO CRIM Criminal law is public law because it is

the state that will handle it

Crime- “Crime is an intentional act in 3 kinds of law
violation of the criminal law (statutory Statutory law- created by congress
and case law), committed without Case law- results of the supreme court
defense or excuse, and penalized by the Constitutional law- fundamental law
state as a felony or misdemeanor” Law- rule of conduct
(Tappan in Lanier and Henry, 2001). - Just an obligatory laid down by a
- May also be defined as an act legitimate authority or common
committed or omitted in violation welfare and benefit
Omission- failure of a person to 3 elements of act
perform a duty required by law Intelligence- acted without intelligence
Act- any overt movement which has a Freedom/voluntariness- compelled
direct effect in the real world without his will to do an act he may be
Mens rea- crime intent excused
Actus reum- criminal act Intent
3 categories of crime CRIMINAL LAW
Felony- committed or omitted in
violation of the revised penal code PHILOSOPHIES UNDERLYING
Offense - act or omission in violation of CRIMINAL LAW SYSTEM
special penal laws. 1.) Classical/Juristic Theory-
Misdemeanor or infraction- an act or -Best remembered by the maxim
omission in violation of municipal or city “an eye for an eye, a tooth for a tooth”.
ordinance The purpose of the penalty is retribution.
Presidential decree no.003 requires The offender is made to suffer for the
their parents to have their kids wrong he has done.
vaccinated -A man is regarded as a moral
Public Law- relationship of a person to creature who understands right from
the state wrong; he must be prepared to accept
Private Law- Person to another person the punishment therefore.
2.) Positive/Realistic Theory
-The purpose of penalty is reformation. -This is in consonance with the
Crimes are regarded as a social fundamental rule that all doubts shall be
phenomenon, which constrains a person construed in favor of the accused and
to do wrong although not his own consistent with presumption of
volition. A tendency towards crime is the innocence of the accused.
product of one’s environment. There is
no such thing as a natural born killer. 2.) Null Crimen Nulla Poena Sine
This was criticized as being too lenient. Lege
-There is no crime when there is no law
3.) Eclectic/Mixed Theory punishing the same. Because of this
-This combines both positivist and maxim, there is no common law crime in
classical thinking. Crimes that are the Philippines, no matter how wrongful,
economic and social in nature should be evil or bad the act is, if there is no law
dealt with in a positivist manner, thus defining the act, the same is not
the law is more compassionate. Heinous considered a crime.
crimes should be dealt with in a -Common Law Crimes are wrongful
classical manner, thus capital which the community condemns as
punishment. The Revised Penal Code contemptible, even though there is no
follows the mixed/eclectic theory. law declaring the act criminal.
3.) Actus on Facit Reum, Nisi Mens
BASIC MAXIMS IN CRIMINAL LAW Sit Rea -The act cannot be criminal
where the mind is not criminal. This is
1.) Doctrine of PRO REO only true to a felony committed
-Whenever a penal law is to be intentionally or characterized as DOLO,
constructed or applied and the law but not those felonies resulting form
admits of two interpretations, one lenient negligence (Culpa).
to the offender, and one strict to the 4.) Actus me invito est meus actus
offender, the latter interpretation, which -An act done by me against my will is
is lenient of favorable to the offender, not my act. Usually, this is applicable to
will be adopted. exempting circumstances particularly
paragraph 5 and 6 of Art. 12 of the RPC. RULES ON CONSTRUCTION OF
The offender is under the compulsion of PENAL LAWS
an irresistible force and uncontrollable -A penal law is liberally constructed in
fear. favor of the offender. Quantum of
PURPOSES OF CRIMINAL LAW evidence is proof beyond reasonable
1.) To reform (reformation); doubt.
2.) To deter others (deterrence); PARTS OF THE REVISED PENAL
3.) To prevent the offender from CODE
committing further crimes (prevention); 1.) Principles affecting Criminal Liability
4.) To defend the State against crimes (Arts. 1-20)
(self-defense); 2.) Penalties including liability
5.) To set an example (exemplarity). (Arts. 21 to 113)
3.) Specific Felonies and their Penalties
SOURCES OF CRIMINAL LAW (Arts. 114-366)
1.) The Revised Penal Code (Act. No. THREE GENERAL CHARACTERISITIC
3815) which took effect on January 01, OF CRIMINAL LAW
1932;
2.) Acts of the Philippine Legislature, 1.) GENERALITY
National Assembly, congress of the -That the law is binding upon all
Philippine, Batasang Pambansa, persons who reside or sojourn in the
Presidential Decrees, Executive Orders, Philippines, irrespective of age, sex,
etc.; color, creed or personal circumstances.
THE CLASSICAL THEORY OF (Art. 114, NCC);
CRIMINAL LAW BEING ADOPTED IN 2.) TERRITORIALITY
THE PHILIPPINES -That the law is applicable to all
-“Basic criminal liability is human free crimes committed within the limits of
will and the purpose of penalty is Philippine territory, which includes its
retribution. It endeavors to establish atmosphere, interior waters and
mechanical and direct proportion maritime zone. (Art. 2, RPC, see Art. 1
between crime and penalty”. of the Philippine Constitution);
3.) IRRETROSPECTIVITY OR refer to the internal management
PROSPECTIVITY thereof.
-That the law does not have any Take Note:
retroactive effect (Art. 4, NCC) except if The English rule is what is
it favors the offender (Art. 22, RPC) who being applied here in the Philippines.
is not a habitual criminal (Art. 62, par. 5
RPC). FELONIES & CIRCUMSTANCES
-Penal laws shall not be given WHICH AFFECT CRIMINAL LIABILITY
retroactive effect. Acts or omission will
only be subject to a penal law if they are ART. 3
committed after a penal law had already -FELONIES (Either by dolo or
taken effect. Penal laws operate only culpa)
prospectivity.
Exception: If the penal law is favorable ELEMENTS OF FELONY
to the accused. a.) there must be an act of omission
Exemption to the exception: If the b.) such act or omission is punishable
accused is habitual delinquent. by RPC; and
EXTRA-TERRITORIAL JURISDICTION c.) committed either by dolo or culpa.
- Rules as to jurisdiction over
crimes committed abroad a ELEMENTS OF DOLO
foreign merchant vessel: intelligence
1.) French Rule: freedom
This rule suggest that such criminal intent
crimes are not triable in the court of that
country, unless their commission affects ELEMENTS OF CULPA
the peace and security or the safety of intelligence
the state is endangered. freedom
2.) English Rule: negligence/imprudence
Meaning, such crimes are triable Intent -the purpose to use a particular
in that country, unless they merely means to affect such result while
affects things within the vessel or they
Motive -the moving power, which ineffectual means (impossible crime – a
impels one to action for a definite result, crime of last resort).
e.g. Jealousy, revenge. -Error in personae (Mistake in Identity)
Proximate Cause -That cause, which, -Aberratio Ictus (Mistake in Blow)
in natural and continuous sequence, -Praeter Intentionem (The act exceeds
unbroken by any efficient intervening the Intent)
cause, procedures injury, and without -Impossible Crime
which the result would not have been 1. Classical/Juristic Theory
committed (Bataclan V. Medina 102 -Man is a moral creature who
understands right from wrong
Phil. 181)
-In full appreciation of the
MALA INSE -An act mala inse is a consequences
wrong act from its very nature as those -Just desert
-Revenge
felonies punished in the Revised Penal
-Deterrence
Code. >To set an example
MALA PROHIBITA -An act mala 2 Kinds of Deterrence
1) General
prohibita is wrong because law prohibits
>to set an example to the public
it. Without the law punishing the act, it 2) Specific
cannot be considered wrong. >to set an example to the offender
ART. 4 – WHO INCURS CRIMINAL himself
Notes
LIABILITY Reclusion perpetua
Criminal liability shall be incurred by any >life imprisonment
person: for Henious crimes as for Murder
Reclusion Temporal
1.) Committing a felony (delito) although
> 20 years of imprisonment
the wrongful act done be different from for Roberry, libel, and other minor
that which he intended; and offenses
A factor for a crime can explain why
2.) performing an act which would be an
people do their crimes, but does not
offense against persons or property, excuses their act.
were it not for the inherent impossibility Free will (Capability of a person to make
a choice)
of its accomplishment or on account of
2 Things that can influence Free will
the employment of inadequate or > Pleasure (Reward)
 >Hedonism (By nature pleasure 3. Eclectic/Mixed Theory
seeker) - Combines both Posivist and Classical
> Pain (Punishment) thinking.
>Laws must be strict to deter
crimes *Notes
-Criminal liability shall be incurred by
Children (18 years old and below) any person
1. Committing a felony (Delito) although
>BELOW 15- EXEMPTED FROM the wrongful act done be different from
PUNISHMENT thatwhich he intended; and
>Error in personae (Mistake in Identity)
Insane >Aberratio Ictus (Mistake in Blow)
>Praeter Intentionem (The act exceeds
> Dementia Praecox/Schizophrenia- the Intent)
Exempted from punishment >Impossible Crime
> Insane at the time of the commission 2. Performing an act which would be an
> Lucid Interval (It is the time when the offense against persons or property,
person is normal) were it not for the inherent impossibility
of its accomplishment or on account of
Imbecile the employment of inadequate or
ineffectual means (Impossible Crime)
> Incurable mental deterioration Felonies & Circumstances which affect
> Advanced in age yet not in mind (31 Criminal Liability
yet comparable to 5 yr old) 1. Proximate Cause
2 Aspects of Criminal Liability -El que es causa es causa del
> Criminal Aspect malcausado
>Interest of State/Prosecutor (Public >He who is the cause of the cause is
Law) the cause of the evil caused
> Civil Aspect -That cause, which in natural and
>Private offended party/Victim continues sequence, unbroken by any
efficient intervening cause, produces
A killed B, hence he will go to jail and injury, and without which the result
pay because of Civil aspects would not have been committed
A raped B (Bataclan V. Medina 102 Phil. 181)
Art. 6 -
2. Positive/Realistic Theory Stages in Commission of Felony
-Purpose of a penalty is reformation 1. Consummated Felony
- Crimes are regarded as a social -All of the elements for execution is
phenomenon, which constrains a present.
person to do wrong although not his 2. Frustrated Felony
own volition.
 -The person performs all the acts but - mental disorder; discernment,
does not produce felony they cannot choose, they cannot
3. Attempted Felony percieve reality.
-The offender commenced the crime - Criminaloid
directly over acts, but doesn't complete - a person who commits crime due
the elements of the felony due to his/her to opportunity
own spontaneous desistance. - motivated by passion. an intense
emotion that drives people to enact
Criminal Typology crime
- Criminological theory made - That passion can be hate, envy,
manageable in a way that can be revenge
practically applied to organize, classify, - Pseudo Criminal
and make sense of a range of behaviors - classification of criminals who
that violates the law. commited crimes to defend themselves
- It can be useful in rehabilitation. - under the law if you committed a
Types of Typology crime in self-defense, you are not liable
1. Legalistic legally and civil
- based on law or legal sources. 5. Multi
2. Sociological - combination of traits
- based on the social set up where they
came from
3. Psychological Purpose
- mental disorders or mental traits 1. Determining the social conditions of
- Diagnostic and Statistical Manual the offenders
- listing every known mental disorder 2. Classifiying them for their security of
4. Biological them in prison
- Cesare Lombrosso - Father of 3. Method of rehabilitation
Modern Criminology 4. Makes criminologist better
1. Criminal behavior - inherited; understand of the motives
physical characteristics Classifications of Prisoners
- classified criminals according to - Minimum Security - about to be
their: released/ blind/ cripple/ handicapped
- Born criminal - Medium Securty - lower then
- a person he posses atavistic reclusion perpetua-blue
stigmata (Throwback of apes) - Maximum Security - reclusion
- a person likes us but behaves like perpetua - orange uniforms
an animal Construction of Typologies
- Protruding jaw; Glassy eyes; tail; 1. Ideal Types
long forehead; arms reaching the pelvis, 2. Empirical Types
flat and twisted nose, thick skull etc. Elements of Typology
- Insane 1. Criminal behavior
2. Offender's attribute 6. Prision Correcional - 6 months and 1
3. Victim's characteristics day to 6 years
4. Situational context 7. Arresto Mayor - 1 month and 1 day to
Garofalo's Typology 6 months
- Psychological degeneracy, such as 8. Arresto Menor - 1 day to 30 days
violent criminals, typical criminals or kills Notes
for enjoyment Parole - the realease of a person to the
Durkheim's View community after he has served the
- Crime is normal and functional in our minimum of his penalty subject to the
society supervision of a parole officer
- Offender Versatility
- specialists who are expert on what
they're doing focuses on their modus Circumstances affecting Criminal
operandi Liability
- generalists that have preferences 1. Justifying
for particular crime targets, exhibits - justifies the act of the offender, i.e.
greater flexibility in their choice of self-defense, defense of honor, defense
offense of relative, performance of lawful duty
2. Exempting
- exempts the person from punishment;
JAIL suffered from lack of intelligence or
- Temporary place of confinement freedom/voluntariness
- Awaiting for trial or final judgement 3. Mitigating
- DILG - lessens the penalty
-BJMP - reduces the penalty of the person; i.e.
PRISON voluntary surrender; plea of guilty
- Sentenced by final judgement 4. Aggravating
-DOJ - increases the penalty due to the
-BuCor perversity or cruelty of the crime
Penalties for Crimes 5. Alternative Circumstances
1. Death (RA 9346/ prohibited) - either be aggravating or mitigating (ite
2. Life Imprisonment - sentenced for life depends); i.e. Drunkenness,
3. Reclusion Perpetua - 20 years 1 day Relationship
to 40 years Legal Classifications of Crimes or
Minimum Sentence - Felonies
Maximum Sentence 1. As to manner of crimes are
4. Reclusion Temporal - 12 years 1 day committed:
to 20 years a. By means of dolo or deciet - when
5. Prision Mayor - 6 years and 1 day to the act was done with deliberate intent
12 years Intent - as purpose to effect a definite
result, always presumed
 Motive is the moving power that Criminological Classification of
impels a person to act Crimes
b. By means of culpa or fault - when 1. As to the result of crimes:
the wrongful act result from imprudence, a. Acquisitive crime - when the
negligence, lack of foresight or lack of offender acquire somthing as
skills consequences of his criminal act.
Two kinds of Culpa b. Extinctive crime - when the end
1. Negligence - lack of foresight result of a criminal act is destructive
(kapabayaan) 2. As to the time or period committed:
2. Imprudence - lack of skill a. Seasonal crime - those committed
(katangahan) only a certain of the year like violation of
2. As to plurality of crimes: tax law.
a. Simple crime - when a single act b. Situational crime - those commited
constitute only one offense (1 act/ 1 only when the given situation is
crime) conducive (opportunity) to its
b. Composite crime/ complex crime commission
proper- whan the offender commits a 3. As to the length of the time
single act but produces two or more committed:
crimes (1 act/ 2 or more crimes) a. Instant crime/ Formal crimes - those
c. Compound crime proper - when the committed in the shortest possible time;
offender an act which is necessary to they have no stages of execution
commit another crime b. Episodal crime - those committed
- Pedro falsified documents - by the series of act on lengthy space of
estafa (fraud) time. i.e. rebellion, terrorism
d. Special Complex Crime - 2 or more 4. As to the place of the location of the
offenses but the law considers them as commission:
one thus one penalty; rape with a. Static crime - those committed in
homicide; roberry with homicide only one place.
e. Continued crime - where the b. Continuing crime - those that can
offender performs a series of acts be committed in several places.
violating one penal law committed at the Example; Forcible crime with rape,
same time and place with the same kidnapping with ransom
criminal purpose, regardless of series of 5. As to the use of mental faculties:
acts they are counted or regarded as a. Rational crime – those committed
one. i.e. A steals the chicken of B. with intention and the offender is in full
f. Continuing crime - crime is possession of sanity.
committed in several places. i.e. b. Irrational crime – those committed
Kidnapping by the person who do not know the
nature and quality of his act on account
of the disease of mind.
6. As to the type of offenders:
 a. White collar crimes/ Economic Examples – Malfeasance and
crimes (Fraud) - committed by person of Misfeasance
respectability and of the upper socio- -Crimes against Person
economic class in the course of their Examples – Murder, Rape,
occupational activities. Ex. Adulteration Physical Injuries
of food by the manufacturer. Illegal -Crimes against Properties
recruitment, profiteering, Examples – Robbery, Theft
b. Blue collars crimes - those -Crimes against Personal Liberty and
committed by ordinary persons criminal Security
to maintain their livelihood. i.e. Theft, Examples – Illegal Detention,
drugs Kidnapping, Trespass to Dwelling,
7. As to the standard of living of the Threat and
criminals: Coercion
a. Crimes of the upper world - -Crimes against Chastity
falsification cases - upper - class Examples – Concubinage, Adultery,
criminal Seduction, Abduction, Acts of
b. Crimes of the under world - bag Lasciviousness
snatching - criminals that are under -Crimes against Civil Status of Persons
privilege. i.e. Hold-up snatching Examples – Bigamy and Other
Crimes in the RPC Illegal Marriages
Under the law, crimes are classified as: -Crimes against Honor
-Crimes against National Security and Examples – Libel, Oral Defamation
the Law of Nations. -Quasi-offenses or Criminal Negligence
Examples – Treason, Espionage, Examples – Imprudence and
Piracy Negligence
-Crimes against the Fundamental Law General Classification of Criminals
of the State. 1. Criminals classified on the basis of
Examples – Arbitrary Detention, behavioral system:
Violation of Domicile a. Ordinary criminals – lowest form
-Crimes against Public Order. of criminal which requires limited skill
Examples – Rebellion, Sedition, b. Organized criminals – high
Coup d’état degree of organization – force, violence,
-Crimes against Public Interest. intimidation and bribery-racketeering,
Examples – Forgery, Falsification, gambling, prostitution and drugs
Fraud c. Professional criminals – highly
-Crimes against Public Morals skilled like pick-pocketing, shoplifting,
Examples – Gambling and betting, counterfeiting and confidential games
offenses against decency and good 2. Criminals classified on the basis of
customs like scandals, obscenity, mental attitudes:
vagrancy, and prostitution
-Crimes Committed by Public Officers
 a. Active aggressive criminals – detection, prosecution, correction and
impulsive manner crimes of passion, prevention. 4. Crime is reflective –
revenge or resentment Crime rate or incidence in a given
b. Passive inadequate criminals – locality is reflective in effectiveness of
pushed by inducement by reward, the social defenses employed by the
promise people – primarily that of the police
c. Socialized delinquents – normal systems.
behavior, respectable members of 3. Crime is destructive – Many lives
society, may turn criminal on account of have been lost because of crime like
the situation they are involved murder, homicide and other violent
3. Criminal Classified on the basis of deaths. Properties has been lost or
activities: destroyed on account of theft, robbery
a. Professional Criminals – those and arson.
who earned their living through criminal 4. Crime is reflective – Crime rate or
activities incidence in a given locality is reflective
b. Accidental Criminals – those who in effectiveness of the social defenses
commits criminal acts as a result of employed by the people – primarily that
unanticipated circumstances of the police systems.
c. Habitual Criminals – those who 5. Crime is progressive – The
continue to commit criminal acts for progressive increase in the volume of
such diverse reason due to deficiency of crime is on account of the ever
intelligence and lack of self-control increasing rate and their technique
d. Situational criminals – those who shows the progressive thinking of the
are actually not criminals but constantly society for advancement.
in trouble with legal authorities because
they commit robberies, larcenies and
embezzlement which are intermixed Positivist Theory
with legitimate economic activities. - Positivist theory presumes that criminal
WHY MUST MEMBER OF SOCIETY behavior is caused by internal and
BE INTERESTED IN CRIME? internal factors outside of the individual's
1. Crime is pervasive – almost all control.
members of free society are once upon - disagrees that man is a moral creature
a time a victim or an offender of and have a choice all the time
criminal act. Crime as an associate of Factors that affects according to
society affected almost all people – Positivist Theory
regardless of sex, age, race, nationality, 1. Biological
religion, financial condition, education 2. Psychological
and other personal circumstances. 3. Social Positivism
2. Crime is expenses – the government Physiognomy
and the private sector spend an - study o0f the facial features to
innermost amount of money for crime determine criminal tendency
Phrenology
- study of the bumps in the head as
indicators of criminal tendency
Lombrosso's Patient
- Villela - bumps (median occipital
fossa)
- Atavistic stigmata
- EUGENICS - selective breeding/
racial purification
Enrico Ferry
- Social conditions of the offenders
Garofalo
- a criminal is a person who lacks
probity and pity/ psychopath
Norms
Folkway
Law
Gesellschaft - Community - RPC - Laws
Gemeinschaft - Family - norms -
folkways