Principles in criminal law
What is criminal law; Penal law; Crime; Felony; Offense?
Inmates of New Bilibid Prison vs. DOJ Sec, GR 21719, June 25, 2019 (penal law)
Theories in criminal law
Mala in se and Mala prohibita
1. Arnold James Ysodoro vs. People, GR 192330, Nov. 14, 2012 (mala prohibita under RPC)
2. Jester Mabunot vs. People, GR 204659, September 19, 2016 (mala in se under SPL)
Suppletory application of RPC provisions (Art. 10) to SPL
1. Evangeline Ladonga vs. People GR 141066, February 17, 2005 (Art. 10; BP 22)
2. Benjamin “Kokoy” T. Romuladez vs Ombudsman and PCGG, GR 165510-33, July 28, 2006
(Art 10 - SPL prescription)
What are the sources of criminal law?
Read articles 10, and 366
What are the Constitutional limitations in passing penal legislation?
People vs. Sandiganbayan and Ceferino S. Paredes, GR 101724, July 3, 1992 (ex post facto
law)
Explain the doctrine:
"Nulla crimen nulla poena sine lege” and its legal effect on a person's criminal liabiltity
How do you interprete/construe of penal provisions?
“In dubio pro reo” and rule of lenity
Ambiguity` in the law
Equipoise evidence rule
What are the duties of the court (Art. 5)
1. Whenever act is not penalized
2. Excessive penalty imposed
o Lito Corpuz vs. People, GR 180016, April 29, 2014 (Injustice in penalty)
o Ireneo Cahulugan vs. People, GR 225695, March 21, 2018 (excessive penalty
General characteristics of criminal law
What are the general characteristics of criminal law and exemptions to criminal liability?
1. Who are liable?
Generality (Read: Art. 14, New Civil Code)
o Treaties
o International law
Diplomatic immunity
Jeffrey Liang vs. People GR 125865, January 25, 2000
Minucher vs. CA, GR 142396, Feb 11, 2003
o Laws of preferential application
Nollora Jr vs. People, GR 191425, Sept 7, 2011 (bigamy)
Estrada vs. Desierto, GR 14710-15, March 2, 2001 (Presidential Immunity)
2. Where the crime was commmited?
Territoriality (Read: Art. 2, RPC)
o
Norma A. Del Socorro vs. Ernst Johan Brinkman Van Wilsem, GR 193707, December
10 2014
Extraterritoriality rule (RPC, SPL)
Vessel (Article 27, United Nations Convention of the Law Of the Seas)
Airplane (RA 6235)
Forgeries
Crimes committed by public officers
Crimes against national security
Crimes against the law of nations
As provided under special law (Read: Sec. 58, RA 9372 and Sec. 26-A, RA
9208-10364)
3. Prospectivity (Read: Art. 22, RPC)
o Legal effect of amendment, repeal and decriminalization of an act
Read: Inmates of New Bilibid Prison vs. DOJ Sec, GR 21719, June 25, 2019 (Art.22)
Classification of felonies
Intentional and Culpable felonies; elements
1. Intelligence and freedom of action (voluntariness)
Actus non facit reum, nisi mens sit rea
2. Intent and negligence
Isidro P. Miranda vs. People, GR 234528, January 23, 2019 (factors to determine
intent to kill)
Jason Ivler vs. Judge Modesto-San Pedro, GR 172716, November 17, 2010 ( in
relation to Art. 365)
Venancio M. Sevilla vs. People, GR 194390, August 13, 2014 (Art. 365)
3. Intent and Motive (variance in felony)
4. Intelligence and discernment
5. Gravity (Arts. 9, 25-26)
6. Stages of execution (Subjective phase and objective phase)
People vs. Aurelio Lamahang, GR L-43530, August 3, 1935 (overt act, vague intent)
Norberto B. Cruz vs. People, GR 166441, October 8, 2014 (attempted Art 266-A vs.
Art 336)
4. Formal, material, and crimes without frustrated stage
People vs. Noel R. Bejim, GR 208835, January 19, 2018 (consummated rape)
People vs. Cielito Orita, GR 88724, April 3, 1990 (attempted rape)
Aristotel Valenzuela vs. People, GR 160188, June 21 2007 (theft)
People vs. Jesusa Figueroa, GR 186141, April 11, 2012 (sale of drugs)
US vs. Valdez, GR 14128, December 10, 1918 (frustrated arson)
Who incurs criminal liability?
Crime committed different from intention (Art. 4)
Guillermo B. Wacoy, [Link]. vs. People GR 213793, June 22, 2015 (Art.49)
People vs. Rolly Adriano. [Link]. GR 205228, July 15, 2015 (treachery in A.I)
People v. Buenamer, G.R. No. 206227, August 31, 2016 (P.I
Mistake of fact
Salvador Yupyuco vs. Sandiganbayan, GR 120744-46, June 25, 2012
Alfonso Gaviola vs. People, GR 163927, January 27, 2006
Proximate cause and efficient intervening cause
People vs. Orlito Villacorta, GR 186412, September 7, 2011 (tetanus)
Impossible crime
Gemma Jacinto vs. People, GR 162540, July 13 2009 (unfunded check)
Prohibited acts (SPL) (See Article 10)
Multiplicity of crimes and offenders
Composite, compound, special complex and continuing crimes
1. People vs. Manolito Lucena, GR 190632, Feb 26, 2014 (counts of rape)
2. People vs. Emmanuel Aaron, GR 136300-02, September 24, 2002 (counts of rape)
3. People vs. Alvin and Romeo Labagala, GR 221427, July 30, 2018 (robbery with homicide)
4. People vs. Hernando Bongos, GR 227698, January 31, 2018 (robbery with rape)
5. People vs. Conrado Laog, GR 178321, October 5, 2011 (rape with homicide)
6. People vs. Johnny Calabroso, GR 126368, September 14, 2000 (carnapping of tricycle and
homicide)
7. People vs. Christopher Elizalde, GR 210434, December 5, 2016 (kidnapping for ransom
with homicide)
8. People vs. Jesus Vargas, Jr. GR 86728, April 6, 1990 (armalite, counts as many as number
of victims)
9. People vs. Yusop Tadah, GR 186226, February 1, 2012 (counts of kidnapping)
Habitual offenders (Arts. 14[9][10], Art. 62[5], Art. 160)
Conspiracy and Proposal to commit felony
Is conspiracy and proposal a crime?
Legal effect of conspiracy?
1. People vs. Marlon Albert De Leon, GR 179943, June 26, 2009 (conspiracy, SCC)
2. People vs. Henry Go, GR 168539, March 25, 2014 (conspiracy; effect of death)
3. Sharica Mari L. Go-Tan vs. Sps. Perfecto C. Tan and Juanita L. Tan, GR 168852, 30
September 2008
(Offender in VAWC; application of conspiracy under RPC in special law)