MODULE 2

LEARNING OBJECTIVES
At the end of the module, you should be able to:
 Understand and identify the scope of application of
the provisions of the Revised Penal Code.
 Identify and enumerate felonies and their elements.
 Identify and apply the concepts of dolo, culpa, motive
and intent.
 Identify and differentiate crimes mala in se and
crimes mala prohibita.
 Understand and apply the concept of criminal
liability.
 Identify and differentiate the error in personae,
aberration ictus, and praeter intentionem.
 Identify and apply the concept of proximate cause and
impossible crimes.

A. SCOPE OF APPLICATION OF THE PROVISIONS OF THE REVISED PENAL

CODE

National territory
The national territory comprises the Philippine archipelago, with all the islands
embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting islands of the
archipelago, regardless of their breadth and dimension, form part of the internal
waters of the Philippines. (Article I, 1987 Philippine Constitution)

APPLICATION OF THE PROVISIONS OF THE RPC

Article 2. Application of its provisions. - Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also
outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations
and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in
Title One of Book Two of this Code.

What is the principle of Extraterritoriality?

Extraterritoriality means the law will have application even outside the
territorial jurisdiction of the state.

R.A. No. 11479 (Anti-Terrorism Act of 2020)

Section 4. Subject to section 49 of this Act, terrorism is committed by any person who, within or
outside the Philippines, regardless of stage of execution:
a) Engages in acts intended to cause death serious bodily injury to any person, or endangers
a person’s life;
b) Engages in acts intended to cause extensive damage or destruction to government or
public facility, public place or private property;
c) Engages in acts intended to extensive interference with, damage or destruction to critical
infrastructure;
d) Develops, manufactures, possesses, acquires, transports, supplies or uses weapons,
explosives or biological, nuclear, radiological or chemical weapons; and
e) Release of dangerous substances, or causing fire, floods or explosions.

When the purpose of such act, by its nature and contest, is to intimidate the general public or
a segment thereof, create an atmosphere or spread o message of fear, to provoke or influence
by intimidation the government or any international organizations, or seriously destabilize or
destroy the fundamental political, economic, or social structures of the country, or create a
public emergency or seriously undermine public safety, shall be guilty of terrorism and shall
suffer the penalty of life imprisonment without the benefit of parole and the benefits of R.A.
No. 10592, otherwise known as An Act Amending Articles 29, 94, 97, 98 and 99 of Act No.
3815, as amended, otherwise known as the Revised Penal Code”: provided, That, terrorism
as defined in this section shall not include advocacy, protest, dissent, stoppage of work,
industrial or mass action, and other similar exercises of civil and political rights, which are
not intended to cause death or serious physical harm to a person, to endanger a person’s life,
or to create serious risk to public safety.
B. Rules as to jurisdiction over crimes committed aboard foreign merchant vessel.

French Rule
Under this rule, matters happening on board a merchant vessel while in the territorial
waters of another country are justiciable only by the courts of the country to which the
vessel belongs unless their commission affects the peace and security of the territory or
the safety of the state is endangered.

English rule
Under this rule, matters happening on board a merchant vessel are justiciable only by the
courts of the country where the merchant vessel is, unless they merely affect things within
the vessel or they refer to the internal management thereof.
The Philippines observe this rule.
 Article 27 (1) of the United Nations Convention on the Law of the Sea (UNCLOS)

Article 27: Criminal jurisdiction on board a foreign ship. The criminal jurisdiction of the coastal
State should not be exercised on board a foreign ship passing through the territorial sea to arrest
any person or to conduct any investigation in connection with any crime committed on board the
ship during its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial
sea;
(c) if the assistance of the local authorities has been requested by the master of the ship or by a
diplomatic agent or consular officer of the flag State; or
(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or
psychotropic substances.

B. FELONIES

 What are felonies?

Felonies are acts or omissions punishable by the RPC. If the act is not punished under the RPC, it
is called an offense.
 What is an omission?

An omission contemplated in criminal law means inaction. It is the failure to perform a positive
duty which one is bound to do. There must be a law requiring the doing or performance of a
duty.
 What are the elements of a felony?

The elements of a felony are as follows:

1. An act or omission;
2. Punishable by the Revised Penal Code;
3. The act is performed or the omission incurred by means of deceit or fault.

 What are the kinds of felonies according to the means which they are committed?
1. Intentional felonies (dolo or deceit)
These are felonies that are committed with deliberate intent to cause injury to another
(with malice)

2. Culpable felonies (culpa or fault)

These are felonies where the wrongful acts result from imprudence, negligence, lack of
foresight or lack of skill (unintentional, without malice)

Distinguish Dolo from Culpa.

DOLO CULPA
The act is malicious. There is malice. The act is not malicious. There is no malice.
 The act is with deliberate intent. Injury caused is unintentional, it being an
incident of another act performed without
malice.
The perpetrator has intention to cause a wrong. Wrongful act results from imprudence,
negligence, lack of foresight or lack of skill

 In order that an act or omission may be considered as having been performed or incurred with
deliberate intent, the following requisites must concur:
1. The perpetrator must have FREEDOM while doing an act or omitting to do an act;
2. He must have INTELLIGENCE while doing the act or omitting to do the act;
3. He must have INTENT while doing the act or omitting to do the act.

 In order that an act or omission may be considered as having been performed or incurred with
culpa, the following requisites must concur:
1. The perpetrator must have FREEDOM while doing an act or omitting to do an act;
2. He must have INTELLIGENCE while doing the act or omitting to do the act; and
3. There must be criminal negligence on the part of the offender, that is, the crime was the
result of negligence, reckless imprudence, lack of foresight or lack of skill;

Negligence Imprudence
Negligence means deficiency in Imprudence means a deficiency in action
perception or lack of foresight, or failure or lack of skill, or failure to take necessary
to pay proper attention and to use due precaution to avoid injury to another.
diligence in foreseeing injury or damage
to be caused.

 What is mens rea?

Mens rea is the criminal intent or evil mind. In general, the definition of a criminal offense
involves not only wrongful act (actus reus) or omission and its consequences but also the
accompanying mental state of the actor.
 What is intent?

Intent refers to the use of a particular means to effect the desired result. It is a mental state, the
existence of which is demonstrated by the overt acts of a person.
 What are the kinds of criminal intent?

1. General criminal intent.

It is presumed from the mere doing of a wrong act (or the actus reus). This does not require
proof. In felonies by means of dolo, the third element of voluntariness is a general intent.
2. Specific criminal intent.
It is not presumed because it is an ingredient or element of a crime. It must be alleged in the
information and must be established and proven by prosecutor.

MISTAKE OF FACT
  What is mistake of fact?

Mistake of fact is a misapprehension of fact on the part of the person who caused injury to
another. He is not, however, criminally liable, because he did not act with criminal intent. An
honest mistake of fact destroys the presumption of criminal intent which arises upon the
commission of a felonious act.
 What are the requisites of mistake of fact as a defense?

1. That the act done would have been lawful had the facts been as the accused believed them to
be.
2. That the intention of the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness.
 When may a crime be committed without criminal intent?

A crime may be committed without criminal intent if such is:

1. A negligent felony, wherein intent is substituted by negligence or imprudence.
2. A malum prohibitum.

MOTIVE

 What is motive?

Motive is the moving power or force which impels a person to a desired result.
 When is motive material in the determination of criminal liability?

Motive is not an element of a crime and becomes immaterial in the determination of criminal
liability, but motive is material when:
1. The acts bring about variant crimes;
2. The identity of the accused is doubtful;
3. The evidence on the commission of the crime is purely circumstantial;
4. In ascertaining the truth between two antagonistic theories or versions of the killing; and
5. Where there are no eyewitnesses to the crime and where suspicion is likely to fall upon a
number of persons.

Distinguish motive from intent.

MOTIVE INTENT
Motive is the moving power which impels one to Intent is the purpose to use a particular means to
action for a definite result effect such result.

It is not an essential element of a crime. Hence, Generally, it is an essential element of a crime.

it need not be proved for purposes of conviction

Crimes mala in se from crimes mala prohibita.

MALA IN SE MALA PROHIBITA
In crimes mala in se, there must be a criminal In crimes mala prohibita, it is sufficient that the
intent. prohibited act was done.

Wrong from its very nature. Wrong merely because it is prohibited by statute.
 Criminal intent governs. Criminal intent is not necessary.

Generally punished under the RPC. It generally involves violation of special laws. But
not all violations of special laws are mala
prohibita. Even if the crime is punished under a
special law, if the act punished is one which is
inherently wrong, the same is malum in se, and,
therefore, good faith and the lack of criminal intent
are valid defenses unless they are the products of
criminal negligence or culpa.

C. CRIMINAL LIABILITY

Art. 4. Criminal liability. Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be
different from that which he intended.
2. By any person performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or on account
of the employment of inadequate or ineffectual means.
The rationale of the rule in Article 4 is found in the doctrine "el que es causa de la causa es
causa del mal causado" (he who is the cause of the cause is the cause of the evil caused).
 What is proximate cause?

Proximate cause is that cause, which, in natural and continuous sequence, unbroken by any
efficient intervening cause, produces the injury, and without which the result would not have
occurred.

 What are the requisites of the Proximate Cause Doctrine?

1. That an intentional felony has been committed; and

2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of
the felony committed by the offender.

 When is death considered as the “direct, natural and logical consequence” of the
felonious act?
1. Blow was efficient cause of death;
2. Blow accelerated death; or
3. Blow was proximate cause of death.

 What is efficient intervening cause?

Efficient intervening cause is an intervening active force which is a distinct act or fact absolutely
foreign from the felonious act of the accused.
 What are the causes which may produce a result different from that which the
offender intended?

1. MISTAKE IN IDENTITY (ERROR IN PERSONAE)

The offender intends the injury on one person but the harm fell on another. In this situation the
intended victim was not at the scene of the crime
  What is the effect?

It depends, when the intended crime and the crime actually committed are punished with
different penalties.
1. If punished with same penalties, there is no effect;
2. If punished with different penalties, the lesser penalty shall be imposed in its maximum
period (it becomes a mitigating circumstance).

2. MISTAKE IN BLOW (ABERRATIO ICTUS)

A person directed the blow at an intended victim, but because of poor aim, that blow landed on
somebody else. In aberratio ictus, the intended victim and the actual victim are both at the scene
of the crime.
 What is the effect?

There are two crimes committed:

1. Attempted stage of the felony for the intended victim;
2. The consummated or frustrated felony, as the case may be for the actual victim.

3. INJURIOUS CONSEQUENCES ARE GREATER THAN THAT INTENDED

(PRAETER INTENTIONEM)
Praeter intentionem means unintentional. The injury is on the intended victim but the resulting
consequence is so grave a wrong than what was intended. It is essential that there is a notable
disparity between the means employed or the act of the offender and the felony which resulted.
This means that the resulting felony cannot be foreseen from the acts of the offender.
 What is the effect?
Praeter intentionem is a mitigating circumstance particularly covered by paragraph 3 of
Art. 13 of the RPC.

IMPOSSIBLE CRIMES

The second paragraph of Article 4 of the RPC defines the so-called impossible crimes
(impossible attempts).
2. By any person performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or on account
of the employment of inadequate or ineffectual means.
 What are the requisites of impossible crimes?
1. That the act performed would be an offense against persons or property.
2. That the act was done with evil intent.
3. That its accomplishment is inherently impossible, or that the means employed is either
inadequate or ineffectual.
4. That the act performed should not constitute a violation of another provision of the
Revised Penal Code.

 What is Inherent impossibility?

Inherent impossibility means that under any and all circumstances, the crime could not have
materialized.

What are the kinds of inherent impossibility?

1. Legal impossibility– occurs where the intended acts, even if completed would not amount to a
crime.
2. Physical impossibility– occurs where extraneous circumstances unknown to the accused
prevent the consummation of the intended crime.

 What does it mean by “employment of inadequate means”?

It is the use of means whose quality or quantity is insufficient to produce the intended felony.
The difference between attempted/frustrated crime and impossible crime is that in
attempted/frustrated crime, the means are sufficient and adequate but the intended crime was not
produced.
 What does it mean by “employment of ineffectual means”?

Employment of ineffectual means that the means employed cannot in any way produce the
intended crime.
 What is the purpose of the law in punishing impossible crimes?

The purpose is to suppress criminal propensity or criminal tendencies. Objectively, the offender
has not committed a felony, but subjectively, he is a criminal.

References:

Reyes, L. (2017) The Revised Penal Code Criminal Law Book. Manila City: Rex Bookstore Inc.

Estrada, A. (2008). Criminal Law Book I of the Revised Penal Code, Made Easy for Students,
Bar Examinees & Practitioners (2008). Manila City: Rex Printing Company, INC.