Criminal Law - Book 1

Chapter 2: Felonies
Article 6: Stages of Execution of Felonies
 Felonies are committed in different stages:
1. Consummated: When all elements of the felony are present, and the
crime has been completed. Example: A person shoots another
intending to kill, and the victim dies.
2. Frustrated: When the offender has performed all acts necessary to
complete the crime, but for reasons independent of their will, the crime
is not consummated. Example: A person shoots another intending to
kill, but the victim survives despite a fatal wound.
3. Attempted: When the offender commences the commission of a crime
directly by overt acts but does not perform all acts necessary for its
accomplishment. Example: A person points a gun and pulls the trigger,
but the gun does not fire.
 Key Concept: The classification of the stage of the felony determines the
severity of the penalty.
 Case Example: In People v. Oanis, the accused had already performed all
acts necessary to kill the victim but failed to kill due to circumstances
independent of his will. The crime was classified as frustrated murder.
Article 7: When Light Felonies are Punishable
 Light felonies: These are felonies committed against persons or property and
are punishable even in their attempted or frustrated stages. Examples of
light felonies include slight physical injuries and theft of minimal value.
 General Rule: Only light felonies committed against persons or property are
punishable in their attempted or frustrated stages. Other light felonies (those
not against persons or property) are only punishable when consummated.
 Examples:
o Punishable light felonies: Attempted theft, frustrated slight physical
injury.
o Non-punishable light felonies in attempted/frustrated stage:
Attempted slander.
Article 8: Conspiracy and Proposal to Commit a Felony
 Conspiracy: Exists when two or more persons agree to commit a felony and
decide to carry it out. The conspirators are equally liable as principals.
o General Rule: Conspiracy is not punishable unless a law specifically
penalizes it (e.g., conspiracy to commit treason, rebellion, coup d’état).
 o Exception: If a conspiracy exists and the felony is committed, all
conspirators are liable as principals even if they did not perform the
actual criminal act.
 Proposal: Occurs when a person suggests to another the execution of a
felony. Like conspiracy, a proposal is not punishable unless the law
specifically penalizes it (e.g., proposal to commit treason).
 Case Example: In People v. Peralta, the Supreme Court held that a
conspiracy can be inferred from the acts of the accused showing concerted
action towards a common goal. All conspirators were held liable for the crime
committed.
Article 9: Grave, Less Grave, and Light Felonies
 Grave Felonies: Punishable by afflictive penalties (e.g., reclusion perpetua,
prision mayor).
o Examples: Murder, homicide, kidnapping.
 Less Grave Felonies: Punishable by correctional penalties (e.g., prision
correccional, arresto mayor).
o Examples: Serious physical injuries, estafa.
 Light Felonies: Punishable by light penalties (e.g., arresto menor or a fine
not exceeding ₱200).
o Examples: Slight physical injuries, malicious mischief, theft of minimal
value.
 Importance: The classification determines the severity of the penalty and the
prescription period (the time within which criminal action may be initiated).
Article 10: Offenses Not Subject to the Provisions of the RPC
 The RPC applies only to felonies defined within it. Special laws, such as the
Anti-Graft and Corrupt Practices Act or the Comprehensive Dangerous Drugs
Act, are governed by their own provisions and not by the general rules of the
RPC.
 Exceptions: The provisions on penalties (Book 1) and criminal liability apply
to both felonies under the RPC and offenses under special laws unless the
latter provides otherwise.
Article 11: Justifying Circumstances
 Justifying circumstances exempt a person from criminal and civil liability.
The act is considered lawful under the following circumstances:
1. Self-defense: If a person defends themselves using reasonable force
against an unlawful aggressor.
 2. Defense of Relatives: A person may defend a relative (e.g., spouse,
ascendant, descendant) against an unlawful attack.
3. Defense of a Stranger: A person may defend a stranger if there is an
unlawful aggression.
4. State of Necessity: Committing a crime to avoid a greater evil (e.g.,
breaking into a house to escape a fire).
5. Performance of Duty: Acts committed in the lawful performance of an
official duty (e.g., a police officer lawfully arresting a criminal).
6. Obedience to an Order: Acts done in the lawful execution of a
superior’s order.
 Key Element: In all cases, there must be unlawful aggression from the
victim.
 Case Example: In People v. Genosa, the accused claimed self-defense in
killing her abusive husband. The Supreme Court ruled that the unlawful
aggression must be present at the time of the attack to justify the defense.
Article 12: Exempting Circumstances
 Exempting circumstances exempt a person from criminal liability, but civil
liability may still apply. These include:
1. Imbecility or Insanity: An insane person or imbecile is exempt from
criminal liability unless they acted during a lucid interval.
2. Minority: A person below 15 years old is exempt from criminal liability,
following the Juvenile Justice and Welfare Act.
3. Accidents: If the act results from an accident without fault or intention.
4. Compulsion of Irresistible Force: If a person is forced by irresistible
force to commit a crime.
5. Uncontrollable Fear: When the offender commits the crime out of
uncontrollable fear of immediate harm.
6. Lawful Cause: If the crime is committed due to an unavoidable lawful
cause (e.g., obeying a legal order).
 Case Example: In People v. De la Cruz, a person under uncontrollable fear
was found not criminally liable for an act committed out of that fear.
Article 13: Mitigating Circumstances
 Mitigating circumstances reduce the penalty of a crime. These include:
1. Incomplete Justification or Exemption: When all elements of
justification or exemption are not met.
2. Minority (over 15 but under 18 years old).
 3. Voluntary Surrender: If the offender voluntarily surrenders to the
authorities.
4. Confession of Guilt: If the offender confesses guilt prior to the trial.
5. Illness or Disability: If the offender suffers from an illness that
diminishes the capacity to commit a crime.
6. Passion or Obfuscation: If the crime was committed in a state of
passion caused by lawful provocation.
 Key Point: Mitigating circumstances can either reduce the penalty or lower
the degree of penalty to the next lower level.