Article 1. Time when Act takes e ect.
— This Code shall take (a) There is an active force that intervened between the
e ect on the first day of January, nineteen hundred and felony committed and the resulting injury, and the
thirty-two. active force is a distinct act of fact absolutely
foreign from the felonious act of the accused; or
Art. 2. Application of its provisions. — Except as provided in (b) The resulting injury is due to the intentional act of
the treaties and laws of preferential application, the the victim
provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior E cient Intervening Cause (EIC) is an active force which is a
waters and maritime zone, but also outside of its distinct act absolutely foreign from the felonious act of the
jurisdiction, against those who: o ender. Therefore, in order that an act is considered an
EIC, it is necessary that it is totally foreign from the felonious
1. Should commit an o ense while on a Philippine act that is performed by the o ender.
ship or airship
2. Should forge or counterfeit any coin or currency PC is not always the immediate cause. At times, it may be a
note of the Philippine Islands or obligations and remote cause.
securities issued by the Government of the
Philippine Islands;chan robles virtual law library For one to be criminally liable under the Proximate Cause
3. Should be liable for acts connected with the Doctrine, it is necessary that there is no e cient intervening
introduction into these islands of the obligations cause that broke the chain between the felonious act and
and securities mentioned in the presiding number; the resulting felony.
4. While being public o cers or employees, should
commit an o ense in the exercise of their functions; The first thing you should do is to determine if the person is
or committing a felonious act. If not, a person cannot be held
5. Should commit any of the crimes against national liable for the resulting felony.
security and the law of nations, defined in Title One
of Book Two of this Code. Circumstances that may vary criminal liability:
Title One ➔ Abberatio Ictus (mistake in the blow)
FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL - situation wherein the o ender directed a blow at
LIABILITY his intended victim but because of poor aim, the
blow landed on another victim.
Art. 3. Definitions. — Acts and omissions punishable by law
are felonies (delitos). Felonies are committed not only be ➔ Error in Personae (mistake in identity)
means of deceit (dolo) but also by means of fault (culpa). - it is a situation wherein, for example, the victim
There is deceit when the act is performed with deliberate actually received the bullet but he was mistaken to
intent and there is fault when the wrongful act results from be the intended victim. The intended victim was not
imprudence, negligence, lack of foresight, or lack of skill. at the scene of the crime.
Art. 4. Criminal liability. — Criminal liability shall be E ects:
incurred: - If there is variance between the intended and
actual crime committed, mitigating
1. By any person committing a felony (delito) although - If none, no e ect on the criminal liability of the
the wrongful act done be di erent from that which o ender
he intended.
2. By any person performing an act which would be Under Art. 49, in case of Error in Personae, when
an o ense against persons or property, were it not there is a variance between the intended crime and
for the inherent impossibility of its accomplishment the actual crime committed, you have to compare
or an account of the employment of inadequate or the two. Whichever has a lesser penalty, that
ine ectual means. penalty has to be imposed.
Proximate Cause is “that cause, which, in natural and ➔ Praeter Intentionem (when the consequence went
continuous sequence, unbroken any e cient intervening beyond the intention)
cause, produces the injury, and without which the result - The injurious result is far greater than what is
would not have occurred”. intended.
For one to be criminally liable under the PCD, it is not Impossible Crime is an o ense against persons or property,
necessary that the o ender should have even touch the were it not for the inherent impossibility of its
body of the victim. It su ces that the felonious act accomplishment or an account of the employment of
performed by the o ender has generated in the mind of the inadequate or ine ectual means.
victim, fear for his life. By reasons of that fear for his life the
victim performed acts, made risk that injured himself. The The o ender is being punished because of his criminality
accused will become criminally liable. and dangerousness.
Elements of PC: Elements for a person to be liable of IC:
1. The intended act is a felonious act
2. The resulting act is a felony 1. That the act done would have been an o ense
3. The resulting act is the direct, natural, and logical against persons or property
consequence of the felonious acts of the o ender. 2. That the act was done with evil intent
3. That the act was not accomplished because of its
The felony committed is NOT the PC of the resulting injury inherent impossibility or the employment of
when: inadequate or ine ectual means
4. That the act done should constitute any other
violation of the RPC
2 Phases in the Commission of the Crime
Factual Impossibility - when an extraneous circumstance
unknown to the o ender prevented the consignation of the 1. Subjective Phase - he still has control over his acts.
crime. He may or may not proceed in the commission of
the crime.
Example: A person placed his hands inside the pocket of the 2. Objective Phase - from the moment the o ender
polo of another, intended to get the wallet of the said person uses control over his acts, it is already in the
but the pocket was empty. It is an Impossible Crime. objective phase of the commission of the crime.
Extraneous Circumstances unknown to the o ender
prevented the consignation of the crime. Unknown to him, In the development of the crime, we have:
the wallet was not inside his pocket. It is an IC because it
would have amounted to theft, a crime against property. 1. Internal Act - mere criminal thoughts. Not
punishable.
Legal Impossibility - when all the intended acts even if 2. External Act - includes preparatory acts and acts of
committed would not have amounted to a crime. execution.
● Preparatory Acts - not yet punishable because they
Example: X saw his enemy Y lying on a bench. He went to Y are not yet connected to a particular felony.
and stabbed Y ten times not knowing that Y had already
been dead for 2 hours due to a heart attack Even if X Example: Conspiracy to commit a crime, proposal to
performed all the acts amounting to murder, still murder commit a crime -> merely preparatory acts.
would not arise which is a crime against person because the
victim is already deceased. He is no longer a person in the ● Acts of Execution - this is the actual act of
eyes of criminal law. Therefore there is IC and what we have committing the crime (attempted, frustrated, and
is Legal Impossibility. consummated)
Art. 5. Duty of the court in connection with acts which
should be repressed but which are not covered by the law, 1. Consummated Felony - when all the elements
and in cases of excessive penalties. — Whenever a court has necessary for its execution and accomplishment
knowledge of any act which it may deem proper to repress are present.
and which is not punishable by law, it shall render the
proper decision, and shall report to the Chief Executive, 2. Frustrated Felony - when the o ender performs all
through the Department of Justice, the reasons which the acts of execution which would produce the
induce the court to believe that said act should be made felony as a consequence but which, nevertheless,
the subject of legislation. do not produce it by reason of causes independent
of the will of the perpetrator.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such Elements:
statement as may be deemed proper, without suspending - The o ender performs all the acts of execution
the execution of the sentence, when a strict enforcement of - All the acts performed would produce the felony
the provisions of this Code would result in the imposition of as a consequence
a clearly excessive penalty, taking into consideration the - But the felony is not produced
degree of malice and the injury caused by the o ense. - By reason of causes independent of the will of the
perpetrator
The first paragraph of this article which contemplates a trial
of a criminal case requires the following:
1. The act committed by the accused appears not 3. Attempted Felony - when the o ender commences
punishable by any lw; the commission of a felony directly by overt acts,
2. But the court deems it proper to repress such act; and does not perform all the acts of execution
3. In that case, the court must render the proper which should produce the felony by reason of some
decision by dismissing the case and acquitting the cause or accident other than his own spontaneous
accused; desistance.
4. The judge must make a report to the Chief
Executive, through the Secretary of Justice, stating Elements:
the reasons which induce him to believe that the - The o ender commences the commission of the
said act should be made the subject of penal felony directly by overt acts;
legislation. - He does not perform all the acts of execution
which should produce the felony
Art. 6. Consummated, frustrated, and attempted felonies. — - The o ender’s act is not stopped by his own
Consummated felonies as well as those which are frustrated spontaneous desistance
and attempted, are punishable. A felony is consummated - The non-performance of all acts of execution was
when all the elements necessary for its execution and due to cause or accident other than his
accomplishment are present; and it is frustrated when the spontaneous desistance
o ender performs all the acts of execution which would
produce the felony as a consequence but which, Overt Acts - refers to any external act, if allowed to
nevertheless, do not produce it by reason of causes continue will logically and naturally ripen into a
independent of the will of the perpetrator. There is an crime. What the law requires is that the overt act
attempt when the o ender commences the commission of a must be directly connected to the intended felony.
felony directly or over acts, and does not perform all the
acts of execution which should produce the felony by Indeterminate O ense - it is one where the purpose
reason of some cause or accident other than this own of the o ender in performing an act is not certain.
spontaneous desistance. Its nature in relation to its objective is ambiguous.
Frustrated felony distinguished from attempted felony Conspiracy - an act in which 2 or more persons come to an
agreement concerning the commission of a felony.
➔ In both, the o ender has not accomplished his
criminal purpose Proposal to commit felony is a unilateral act.. Only 1 person
➔ While in frustrated felony, the o ender has who has decided to commit the felony proposes it to
performed all the acts of execution which would another person.
produce the felony as a consequence. In attempted,
the o ender does not perform all the acts of Requisites of conspiracy
execution.
1. That 2 or more persons came to an agreement
Attempted or frustrated felony distinguished from 2. That the agreement concerned the commission of a
Impossible Crime felony
3. That the execution of the felony be decided upon
➔ In impossible crime, the evil intent of the o ender
cannot be accomplished, in attempted or Art. 9. Grave felonies, less grave felonies and light felonies. —
frustrated felony the evil intent of the o ender is Grave felonies are those to which the law attaches the
possible of accomplishment capital punishment or penalties which in any of their
periods are a ictive, in accordance with Art. 25 of this
Manner of committing the crime Code. Less grave felonies are those which the law punishes
with penalties which in their maximum period are
Formal crimes - consummated in one instant, no attempt. correctional, in accordance with the above-mentioned
(e.g. slander and false testimony) article. Light felonies are those infractions of law for the
commission of which a penalty of arrest menor or a fine not
Crimes consummated by mere attempt or proposal or by exceeding 200 pesos or both; is provided.
overt act - e.g. flight to enemy’s country, corruption of
minors KINDS OF FELONIES ACCORDING TO SEVERITY
Felony by omission - there can be no attempted stage when Grave felonies are those to which the law attaches the
the felony is by omission, because in this kind of felony the capital punishment or penalties which in any of their
o ender does not execute acts. periods are a ictive, in accordance with Art. 25 of this Code.
Crimes requiring the intervention of two persons to commit Less grave felonies are those which the law punishes with
them are consummated by mere agreement - e.g. betting in penalties which in their maximum period are correctional, in
sports contest and corruption of public o cer accordance with the above-mentioned article.
Material Crimes - if a crime does not admit of any stages of Light felonies are those infractions of law for the
attempted, frustrated, and consummated (rape doesn’t have commission of which a penalty of arrest menor or a fine not
frustrated stage, but it’s still a material crime) exceeding 200 pesos or both; is provided.
➔ Consummated rape Art. 10. O enses not subject to the provisions of this Code. —
➔ Attempted rape O enses which are or in the future may be punishable
➔ Consummated homicide under special laws are not subject to the provisions of this
➔ Frustrated murder Code. This Code shall be supplementary to such laws,
➔ Attempted homicide unless the latter should specially provide the contrary.
Art. 7. When light felonies are punishable. — Light felonies -special laws which has a di erent punishment and
are punishable only when they have been consummated, approach than the RPC
with the exception of those committed against person or
property.chan robles virtual law library Art. 11. Justifying circumstances. — The following do not
incur any criminal liability:
Light felonies - infractions of law for the commission of
which the penalty of arresto menor or a fine not exceeding 1. Anyone who acts in defense of his person or rights,
200 pesos, or both, is provided (Art. 9, par. 3) provided that the following circumstances concur;
➔ Slight physical injuries (Art. 266) First. Unlawful aggression.
➔ Theft (Art. 309, pars. 7 and 8) Second. Reasonable necessity of the means employed to
➔ Alteration of boundary marks (Art. 313) prevent or repel it.
➔ Malicious mischief (Art. 328, par. 3; Art. 329, par. 3) Third. Lack of su cient provocation on the part of the
➔ Intriguing against honor person defending himself.
The penalty for the above-mentioned crimes is arresto 2. Any one who acts in defense of the person or rights of his
menor (imprisonment from one day to 30 days), or a fine not spouse, ascendants, descendants, or legitimate, natural or
exceeding 200 pesos). adopted brothers or sisters, or his relatives by a nity in the
same degrees and those consanguinity within the fourth
Art. 8. Conspiracy and proposal to commit felony. — civil degree, provided that the first and second requisites
Conspiracy and proposal to commit felony are punishable prescribed in the next preceding circumstance are present,
only in the cases in which the law specially provides a and the further requisite, in case the revocation was given
penalty therefore. A conspiracy exists when two or more by the person attacked, that the one making defense had
persons come to an agreement concerning the commission no part therein.
of a felony and decide to commit it. There is proposal when
the person who has decided to commit a felony proposes its 3. Anyone who acts in defense of the person or rights of a
execution to some other person or persons. stranger, provided that the first and second requisites
mentioned in the first circumstance of this Art. are present
and that the person defending be not induced by revenge, 3. Defense of a Stranger - act in a defense of a stranger
resentment, or other evil motive.
➔ Unlawful aggression
4. Any person who, in order to avoid an evil or injury, does ➔ Reasonable necessity of the means employed to
not act which causes damage to another, provided that the prevent or repel it
following requisites are present; ➔ The person defending be not induced by revenger,
resentment, or other evil motive
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to 4. State of Necessity - Any person who, in order to avoid an
avoid it; evil or injury, does not act which causes damage to another,
Third. That there be no other practical and less harmful provided that the following requisites are present.
means of preventing it.
➔ The evil sought to be avoided actually exists
5. Any person who acts in the fulfillment of a duty or in the ➔ The injury feared be greater than that to avoid
lawful exercise of a right or o ce. ➔ There are no other practical and less harmful
means of preventing it
6. Any person who acts in obedience to an order issued by a
superior for some lawful purpose 5. Fulfilment of a duty or in a lawful exercise of a right or
o ce
Justifying circumstances - infractions wherein the o ender ➔ Accused acted in the performance of a duty or in
is said to have acted within the bounds of law. He has not the lawful exercise of a right or o ce
yet transgressed the law. Therefore there is no crime ➔ Injury caused or o ense committed be the
committed, there is no criminal, there is no criminal liability, necessary consequence of the due performance of
there is no civil liability. duty or the lawful exercise of such right or o ce
1. Self-defense - defense of one’s life, honor, and property. 6. Obedience to an order issued by a superior for some
lawful purpose
➔ Unlawful aggression - equivalent to assault or at
least threatened assault of an immediate and ➔ An order has been issued by a superior
imminent kind. There must be an actual force or ➔ Such order must be for some lawful purpose
actual use of weapon. ➔ Means used by the subordinate to carry out said
order is lawful
➔ Reasonable necessity of the means employed to
prevent or repel it - the law requires rational R.A. 9262 “Anti-Violence Against Women and Children”
equality. Rational is the means employed. Rationally
necessary to prevent or repel it. AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
Factors: VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
- Nature and the number of the weapon used by the OTHER PURPOSES.
aggressor
- Physical condition, size, weight, and other Art. 12. Circumstances which exempt from criminal liability.
personal circumstances of the aggressor versus — the following are exempt from criminal liability:
that of the person defending himself
- Place and location of the assault 1. An imbecile or an insane person, unless the latter has
acted during a lucid interval. When the imbecile or an
➔ Lack of su cient provocation on the part of the insane person has committed an act which the law defines
person defending himself as a felony (delito), the court shall order his confinement in
one of the hospitals or asylums established for persons
Provocation - refers to any immoral act or conduct, thus a icted, which he shall not be permitted to leave
unjustified act or conduct which stirs a person to without first obtaining the permission of the same court.
do wrong
2. A person under nine years of age.
Su cient Provocation - adequate to stir a person
to do the wrongful act and when it is 3. A person over nine years of age and under fifteen, unless
proporationate to the gravity of the act. he has acted with discernment, in which case, such minor
shall be proceeded against in accordance with the
2. Defense of Relatives - defense of the person or rights of provisions of Art. 80 of this Code. When such minor is
his spouse, ascendants, descendants, or legitimate, natural adjudged to be criminally irresponsible, the court, in
or adopted brothers or sisters, or of his relatives by a nity conformably with the provisions of this and the preceding
in the same degrees, and those by consanguinity within the paragraph, shall commit him to the care and custody of his
fourth civil degree, provided that the first and second family who shall be charged with his surveillance and
requisites prescribed in the next preceding circumstance education otherwise, he shall be committed to the care of
are present. some institution or person mentioned in said Art. 80.
➔ Unlawful aggression 4. Any person who, while performing a lawful act with due
➔ Reasonable necessity of the means employed to care, causes an injury by mere accident without fault or
prevent or repel it intention of causing it.
➔ In case of provocation was given by the person
attacked, the one making the defense had no part 5. Any person who act under the compulsion of irresistible
therein. force.
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law,
when prevented by some lawful insuperable cause.
Imbecility - a state where a person is already advanced in
age but only have a thinking of a child between 2 and 7.
Insanity - disease of the mind and must completely impair
the intelligence of the accused.
Minority/Age of criminal responsibility
- When he is 15 or below, he is exempted from criminal
liability
- If he is over 15 but below 18, but he did not act with
discernment, he is exempted from criminal liability
- BUT if he is over 15 and under 18 and he acted with
discernment, he will be prosecuted just like any
other criminal
- Court shall place the child in conflict with the law
under suspended sentence, without the need of
application. Provided however, that the suspension
of the sentence shall still be applied even if the
juvenile is already 18 years of age or more at the
time of the pronouncement of his guilt. As long as
he is 18 years and below at the time of the
commission of crime, he can still benefit from the
suspended sentence.
Accident without fault or intention of causing it - only
exempted from criminal liability but not in civil liability. It is
akin to justifying circumstance.
➔ A person is performing a lawful act
➔ With due care
➔ He causes injury to another by mere accident
Compulsion of irresistible force
➔ compulsion is by means of physical force
➔ must be irresistible
➔ must come from a third person
Uncontrolled fear
➔ Existence of uncontrollable fear
➔ Must be real and imminent
➔ Fear of an injury is greater than or equal to that
committed
Failure to perform an act required by law prevented by
insuperable cause
➔ An act is required by law to be done
➔ A person fails to perform such an act
➔ Failure to perform such act was due to some lawful
or insuperable cause