Padilla's Ultimate Criminal Law Study Guide and Reviewer

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AN INTRODUCTION TO CRIMINAL LAW

INTRODUCTORY NOTES (from the book of the late Senator Padilla)

Criminal Law De ned

Criminal or Penal Law is that branch of law which de nes crimes, treats of their nature and provides for their punishment.

Criminal Law distinguished from Criminal Procedure

Criminal Law is substantive, and de nes crimes, treats of their nature and provides for their punishment. Criminal Procedure is adjective or remedial, and regulates the judicial steps for the arrest, prosecution, trial and conviction of violators of criminal law.

Characteristics

Penal law has three main characteristics: (1) general; (2) territorial; and (3) prospective.

1. General — penal laws apply to every person within the territory, regardless of nationality, sex, age and other personal circumstances.

The Civil Code provides: “Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.”

2. Territorial — penal laws are strictly territorial. They can have no effect outside the state’s territorial jurisdiction. The territory within the Philippine Archipelago includes its atmosphere; its interior waters and maritime zone. (Art. 2.) The rule of territoriality is, however, subject to certain exceptions. (Art. 2.)

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PADILLA’S ULTIMATE CRIMINAL LAWSTUDY GUIDE AND REVIEWER

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3. Prospective — no felony shall be punished by any penalty not prescribed by law prior to its commission. (Art. 21.) Penal laws shall not be retroactive unless favorable to the accused who is not a habitual delinquent. (Art. 22.) Felonies shall be punished in accordance with laws in force at the time of their commission. (Art. 366.)

Laws shall have no retroactive effect, unless the contrary is provided. (Art. 4, Civil Code.)

Limitations upon penal legislations

The limitations upon the Congress to enact criminal legislation are imposed by the bill of rights of the Constitution, thus: no ex post facto law or bill of attainder shall be enacted (Art. III, Sec. 1, par. 12), which in effect prohibits the passage of retroactive laws prejudicial to the accused; no person shall be held to answer for a criminal offense without due process of law (Art. III, Sec. 1, par. 15), which is broad enough to require that criminal laws must be of general application and must clearly de ne the acts classi ed and punished as crimes.

Rule of construction

Criminal statutes are to be strictly construed against the Government and liberally in favor of the accused, for the reason that penal laws operate to restrain human liberty.

Effect of repeal of penal law

When a wrongful or an unlawful act is punished under a penal law, the penalty must be prescribed by law prior to its commission (Art. 21), and the offender shall be punished under the provisions of law in force at the time of its commission. (Art. 366.) When the repeal merely modi es criminal liability as to make the penalty lighter, the new law which is favorable to the accused is to be applied provided he is not a habitual delinquent (Art. 22), but not where the new law is expressly made inapplicable to pending actions of existing causes of action. (Tavera vs. Valdez, 1 Phil. 468.) When the new law punishes the act more severely, the heavier penalty under the new law cannot be imposed; for the law in force at the time of the commission of the offense should be applied. However, when the new law totally repeals the existing law, so that the act which was penalized under the old law is no longer punishable, the crime is considered obliterated. It would be illogical to attempt to

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sentence an accused for an offense that no longer exists (People vs. Tamayo, 61 Phil. 255), but when the provisions of the former law are merely re-enacted (U.S. vs. Cuna, 12 Phil. 241), or when the repeal is by implication, or there is no saving clause, the criminal liability incurred under the former law (Art. 366) subsists, but the penalty to be imposed is the one more favorable to the accused, who is not a habitual delinquent. (Art. 22.)

No common law crimes in the Philippines

In this jurisdiction, no act constitutes a crime unless it is made so by law or by statute. (Art. 21.) Unless there be a particular provision in the Penal Code or special penal law (Art. 10) that punishes the act, even if it be socially or morally wrong, no criminal liability is incurred by its commission. The Court in rendering the proper decision of acquittal should recommend that said act be made the object of penal legislation. (Art. 5, par. 1.) Hence, the so-called common law crimes, known in the United States and England as the body of principles, usages and rules of action, which do not rest for their authority upon any express and positive declaration of the will of the legislature, are not recognized. (U.S. vs. Taylor, 28 Phil. 599.)

QUESTION AND ANSWER

In generalQ: How is Criminal Law de ned?

A: Criminal Law is that branch of law which:

• De nes crimes;

• De nes the treats of the crime’s nature; and

• Provides for the crime’s punish ment.

Q: How is “Criminal Law” distinguished from “Criminal Proce-dure”?

A: The distinction between criminal law and criminal procedure is as follows:

• Criminal Law is “substantive.”

o It de nes crimes, the treats of their nature and provides for their punishment.

• Criminal Procedure is “remedial.”

o It regulates the judicial steps for the arrest, prosecution, trial and conviction of violators of Criminal Law.

AN INTRODUCTION TO CRIMINAL LAW

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This work is dedicated to my loving family

To my beautiful wife Angela … for bearing with

my intolerableness

To my dynamic son Joaquin … have faith … keep building

To my lovely daughter Ava … believe in yourself …

carve your own path

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“Jose Marti, author and hero of Cuban independence, had a vision of what makes life complete. He reportedly named the three things

that every man ought to do before he dies — “Plant a tree, write a book, have a son.’’

It is my hope that this publication satisfi es requirement number 2.’’

Ambrosio Padilla III

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PREFACE

This publication has a two-fold intention. First, to assist all law students build a solid foundation with respect to their learning of basic substantive criminal law; and second, to help all bar exam candidates in their review and preparation for the bar examina-tions. It is our aim to aid the reader in achieving mastery of the subject at hand.

This work is neither an update nor a revision of the book (Criminal Law, Revised Penal Code, Annotated, 15th edition, 1998, Book 1, Articles 1-45, Volume 1) of the late Senator Ambrosio Padilla last published in 1998. It is an original and unique work in itself. The verbatim quotes from his book are only meant to give tribute to our patriarch and to carry on his mission of contributing or giving back to the continuing legal education in our country.

It is every intention of the authors to keep the great memory of our patriarch alive. Through this humble work, we remember the remarkable life of Ambrosio Padilla.

This book attempts to simplify only the fi rst twenty (20) articles of the Revised Penal Code – the basic principles affecting criminal liability (Articles 1-20). In order to make things easier, the discus-sion of each article is sub-divided into four (4) basic parts, namely:

• 1st part – code provisions;

• 2nd part – introduction – excerpts of comments and cases lifted from the last published book of the late Senator Ambrosio Padilla in 1998;

• 3rd part – the meat of the matter – the detailed question and answer portion – where each article is discussed and explained in a simple and easily understandable method; and

• 4th part – the study guide and summary outline – the entire subject matter is broken down into points and bul-lets in order for the reader to grasp the entire discussion in a single snapshot.

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It is the hope of the authors that via this 4-part method, the student and the bar candidate will achieve suffi cient mastery of the basic provisions of criminal law affecting criminal liability.

The author wishes to give special thanks to Ambrosio “Jun” Padilla Jr. and Maurita “Mau” Padilla (my parents, who have sup-ported me all the way), to Dean Andy Bautista of the FEU School of Law (for inspiring the author to write this book), to the legal staff of Padilla & Asuncion Law offi ce, most especially Ruby Bal-anag (who relieved the author with numerous burdensome details incident to research), to the hardworking team of REX PUBLISHING, most especially Atty. Charm Nolasco (for bearing with the many idiosyncrasies of the author), and to the entire Padilla family (all uncles and aunts, cousins, in-laws, nephews and nieces, who have always been there as beacons of support and love). I thank you.

AMBROSIO “Jay” PADILLA III

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TRIBUTE

AMBROSIO B. PADILLA

Lived and Thrived in Excellence(07 December 1910 – 11 August 1996)

Our patriarch was always a consistent honor student and out-standing athlete. A rare fusion of brains and brawn seldom found today. He was an Olympian – captain of the Philippine basketball team (Munich, 1936), and at the University of the Philippines, he was Editor of the Collegian (1932) and Law Journal (1934), member of the UP Debating Team (1933) and the Phi Kappa Phi Honors Society, fi nally graduating Salutatorian of Class 1934 with a Bachelor of Laws Degree, Cum Laude. A Bar Topnotcher in the same year coupled with a Doctorate Degree in Civil Law (1936) at the University of Sto. Tomas, he was a much respected law pro-fessor, prolifi c author of Constitutional, Criminal and Civil Laws, academician, and a practitioner on top of and in any fi eld of his choosing. Then appointed Solicitor-General (OSG)and Government Corporate Counsel (OGCC) under President Ramon Magsaysay from 1954 to 1957, thrice elected Senator of the Republic (1957, 1963, and 1969) unfortunately shortened when then President Marcos abolished Congress in 1972, vocal critic of the martial law regime, his fi nal offi cial position was to serve as the Vice-Chairman of the 1987 Constitutional Commission.

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After living a full and happy life of eighty-fi ve (85) years, he passed away on 11 August 1996 in the loving care of his family of ten (10) children, their spouses, and his grandchildren of two scores and more.

AMBROSIO B. PADILLA believed in the law and he loved it. So much so that he excelled in every aspect of it – be it as a practitioner, professor, examiner or author. But more than just law, he believed in the rule of law — that the fabric of society and interrelationships of people should and are governed by law and the rules that accompany these. This, to him, is the essence of order. But more than just order, he believed in the justness of the law, that it should be an instrument to attain justice for the most number without fear or favor. That just as man is created equally before the eyes of the Lord, so does he stand before the eyes of the law – the epitome of which is the blindfolded woman holding the scales of justice in her hands.

He distinguished himself and adhered absolutely to the tenet of morality in both public service and in private life. His integrity was unimpeachable. In all his life, not one taint of graft or hint of corruption. Public offi ce was indeed a public trust – that each offi cial was accountable for all his deeds and misdeeds. It was not supposed to be a means to ingratiate one into power, neither to enrich oneself nor to use one’s position as one merely for employment or an op-portunity to become wealthy. That as the name implies, only those who deemed themselves to be public servants should be in govern-ment. That it was an honor to be of service, literally be of service, and that it was a privilege bestowed only upon the most deserving.

That he feared most the retribution of God the Almighty and because of it he led a life, both in thought and deed, one truly worth emulating. To him, his reputation and his name was a treasure truly worth preserving and that it should not be tarnished nor tainted nor even remotely associated with graft or any anomaly.

A true statesman, caring husband, dutiful son, and loving father and grandfather, our patriarch lived his life as he had preached: “MORALITY IN PRIVATE LIFE; MORALITY IN PUBLIC SERVICE.”

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About The Author

AMBROSIO V. PADILLA III

Ambrosio III, or Jay, as he is fondly called, is the namesake and seventh grandchild of former Senator Ambrosio and Lily De Las Alas Padilla. Jay is the eldest son of Ambrosio Jr. (the fourth son of Ambrosio and Lilly) and Mau Velilla Padilla.

Jay, as he is so fondly called, graduated with Honors from the University of the Philippines (Diliman) in 1992 with a degree in Business Economics (BSBE). He later pursued law, and gradu-ated with Honors from the Ateneo College of Law earning his Juris Doctor (JD) in 1996. After taking the Philippine Bar exam in 1996, he pursued further masteral studies (LLM) in the United States graduating from the University of Pennsylvania Law School in 1998. Jay was elected class representative and voted class speaker tasked to deliver the graduation speech on behalf of his entire in-ternational LLM batch. He then moved to New York to work for one of the biggest tax fi rms in the world. There he was immersed in international tax structuring and transfer pricing. After being sworn in to the New York Bar in 2000, he decided to move to France to take his masters in business (MBA) at the prestigious INSEAD. From there, in 2001, he took a different course in life by accepting a fi nance post in Indianapolis, USA working for the pharmaceutical

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company Eli Lilly. That opportunity led to a sales and marketing assignment in his home country the Philippines in 2002.

In 2004, Jay decided to test his entrepreneurial skills by setting up his own investment and holding fi rm. In fi ve years, his ventures have expanded into real estate, brokerage, pharmaceuticals, enter-tainment, dining, agriculture, and others.

A former Professor of Law at the Far Eastern University (FEU) for substantive Criminal Law, he remains loyal to the cause of contributing to the advancement of Criminal Law in the Philip-pines. Though more involved in private equity and venture capital, his love and passion for the law forever remains.

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About The Author

ALEXANDER A. PADILLA

Alex, is the eighth of ten children, and the only lawyer of the immediate family of former Senator and Vice-Chairperson of the 1986 Constitutional Commission, Ambrosio and Lily De Las Alas Padilla. He graduated Salutatorian at Crestwood High School in Dearborn, Michigan, USA and was Cum Laude in De La Salle University with a Major in AB Political Science and a Minor in Philosophy. At the University of the Philippines College of Law where he fi nished eighth in his class of 1981, he was Law Student Government President and initiated the Para Legal Volunteers Pro-gram for those whose human rights were being violated. An active advocate for change and reforms in the then martial law regime, he held several positions in the anti-dictatorship movements since 1981 until its eventual downfall in 1986.

After the EDSA Revolution, Alex at only 29 years of age, fi rst entered public service as District Collector of Customs at the Ninoy Aquino International Airport (NAIA) until his eventual promotion as Commissioner of Customs. As Customs Chief, he served the posi-tion with distinction and integrity attaining the highest collection target at the time without nary a taint or blemish to his name and reputation.

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In 2001, he returned to public service by becoming Assistant Secretary of the Department of Local Governments (DILG) under the then stewardship of now Mayor Alfredo C. Lim, as well as becoming a Board Member of the Housing and Land Use Regulatory Board (HLURB). He then moved to becoming Assistant Secretary during the incumbency of then Secretary Manuel M. Dayrit and eventually Undersecretary of Health under the leadership of Secretary Francisco T. Duque III, a post he still holds to the present. He also served, on secondment, as Senior State Prosecutor of the Department of Justice and as Special Counsel to the Offi ce of the Ombudsman during the tenure of former Ombudsman Simeon V. Marcelo.

Alex is his father’s son. He not only served with distinction each and every position he held in public offi ce but is similarly imbued with the integrity, competence, and dedication expected of all public servants. He has the same passion for the rule of law with the fundamental belief that law and justice was meant for the disadvantaged, poor and the oppressed.

A former Professor of Law at the Polytechnic University of the Philippines (PUP) for Political/Constitutional Law, he is convinced of the role students and the youth would have not only in re-inventing our country but in also putting law in its proper perspective in this time of radical change.

Hence, his contribution to the advancement of Criminal Law with the publication of this book.

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In a nutshell. . .

THE REVISED PENAL CODE(Act No. 3815, as amended)

AN ACT REVISING THE PENAL CODEAND OTHER PENAL LAWS

PRELIMINARY ARTICLE. — This law shall be known as The Revised Penal Code.

BOOK ONE

GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE

PROVISIONS OF THIS CODE, ANDREGARDING THE OFFENSES, THE

PERSONS LIABLE ANDTHE PENALTIES

ART. 1. Time when Act takes effect. — This Code shall take effect on the fi rst day of January nineteen hundred and thirty two.

ART. 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 preceding number;

4. While being public offi cers or employees, should commit an offense in the exercise of their functions; or

5. Should commit any of the crimes against national secu-rity and the law of nations, defi ned in Title One of Book Two of this Code.

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TITLE ONE

FELONIES AND CIRCUMSTANCES WHICHAFFECT CRIMINAL LIABILITY

CHAPTER ONE

FELONIES

ART. 3. Defi nition. — Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

There is a deceit when the act is performed with deli berate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

ART. 4. Criminal liability. — Criminal liability shall be in-curred:

1. By any person committing a felony (delito) although the wrongful act done be different from that which is 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.

ART. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and cases of excessive penalties. — Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation.

In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

ART. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies, as well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements ne cessary for its execution and accomplishment are present and it is frustrated when the offender performs all the acts of execution which would

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produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the com-mission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some causes or accident other than his own spontaneous desis-tance.

ART. 7. When light felonies are punishable. — Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.

ART. 8. Conspiracy and proposal to commit felony. — Conspir-acy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

ART. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are affl ictive, in accordance with Article 25 of this Code.

Light felonies are those infractions of law for the commission of which a penalty of arresto menor or a fi ne not exceeding 200 pesos or both, is provided.

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article.

ART. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.

CHAPTER TWO

JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY

ART. 11. Justifying circumstances. — The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights pro-vided that the following circumstances concur:

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First. Unlawful aggression;

Second. Reasonable necessity of the means employed to prevent or repel it;

Third. Lack of suffi cient provocation on the part of the person defending himself.

2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural, or adopted brothers or sisters, or of his relatives by affi nity in the same de-grees, and those by consanguinity within the fourth civil degree, provided that the fi rst and second requisites prescribed in the next preceding circumstances are present, and the further requisite in case the provocation was given by the person attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the fi rst and second requisites mentioned in the fi rst circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following requisites are present:

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other special practical and less harmful means of preventing it.

5. Any person who acts in the fulfi llment of a duty or in the lawful exercise of a right or offi ce.

6. Any person who acts in obedience to an order is sued by a superior for some lawful purpose.

ART. 12. Circumstances which exempt from criminal liability. — The following are exempt from criminal liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defi nes as a felony (delito), the court shall order his confi nement in one of the hospitals or asylums established for persons thus affl icted, which he shall not be permitted to leave without fi rst obtaining the permission of the same court.

2. A person under nine years of age.

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3. A person over nine years of age and under fi fteen, unless he has acted with discernment in which case such minor shall be proceeded against in accordance with the provisions of Article 80 of this Code.1

When such minor is adjudged to be criminally irres ponsible, the court, in conformity with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education; otherwise he shall be committed to the care of some institution or person mentioned in said Article 80.

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

5. Any person who acts under the compulsion of an irresist-ible force.

6. Any person who acts under the impulse of an un-controllable fear of an equal or greater injury.

7. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause.

CHAPTER THREE

CIRCUMSTANCES WHICH MITIGATECRIMINAL LIABILITY

ART. 13. Mitigating circumstances. — The following are mitigating circumstances:

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant.

2. That the offender is under eighteen years of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Article 80.2

3. That the offender had no intention to commit so grave a wrong as that committed.

4. That suffi cient provocation or threat on the part of the offended party immediately preceded the act.

5. That the act was committed in the immediate vindica-tion of a grave offense to the one committing the fe lony (delito), his

1Art. 80 was repealed by P.D. No. 603, the Child and Youthful Offender Code, as amended by P.D. No. 1179.

2Art. 80 was repealed by P.D. No. 603 as amended by P.D. No. 1179.

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spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affi nity within the same degrees.

6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.

7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution.

8. That the offender is deaf and dumb, blind or other wise suffering some physical defect which thus restricts his means of action, defense, or communication with his fellow beings.

9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts.

10. And, fi nally, any other circumstances of a similar nature and analogous to those above mentioned.

CHAPTER FOUR

CIRCUMSTANCES WHICH AGGRAVATECRIMINAL LIABILITY

ART. 14. Aggravating circumstances. — The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt of or with insult to the public authorities.

3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation.

4. That the act be committed with abuse of confi dence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.

6. That the crime be committed in the night time or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.

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Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a con-fl agration, shipwreck, earthquake, epidemic, or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by fi nal judgment of another crime embraced in the same title of this Code.

10. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fi re, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other arti-fi ce involving great waste and ruin.

13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the defense.

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.

17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.

18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance is effected by a way not intended for the purpose.

19. That as a means to the commission of a crime a wall, roof, fl oor, door, or window be broken.

20. That the crime be committed with the aid of per sons under fi fteen years of age or by means of motor vehi cles, motorized

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watercraft, airships, or other similar means (as amended by Rep. Act No. 5438).

21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not nec essary for its commission.

CHAPTER FIVE

ALTERNATIVE CIRCUMSTANCES

ART. 15. Their concept. — Alternative circumstances are those which must be taken into consideration as aggravat ing or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication, and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascen-dant, descendant, legitimate, natural, or adopted brother or sister, or relative by affi nity in the same degree of the offender.

The intoxication of the offender shall be taken into con-sideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.

TITLE TWO

PERSONS CRIMINALLY LIABLE FOR FELONIES

ART. 16. Who are criminally liable. — The following are criminally liable for grave and less grave felonies:

1. Principals.

2. Accomplices.

3. Accessories.

The following are criminally liable for light felonies:

1. Principals.

2. Accomplices.

ART. 17. Principals. — The following are considered principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;

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3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

ART. 18. Accomplices. — Accomplices are those persons who, not being included in Article 17, cooperate in the execution of the offense by previous or simultaneous acts.

ART. 19. Accessories. — Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:

1. By profi ting themselves or assisting the offender to profi t by the effects of the crime;

2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery;

3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of, the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

ART. 20. Accessories who are exempt from criminal liability. — The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affi nity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.

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CONTENTS

Dedication ...................................................................................... iiiPreface ............................................................................................. viiTribute to Ambrosio B. Padilla ....................................................... ixAbout the Author — Ambrosio V. Padilla III ................................ xiAbout the Author — Alexander A. Padilla .................................... xiiiIn a nutshell ...................................................................................... xv

An Introduction to Criminal Law

Criminal Law Defi ned ............................................................... 1Criminal Law distinguished from Criminal Procedure ......... 1Characteristics ........................................................................... 1Limitations upon penal legislations......................................... 2Rule of construction .................................................................. 2Effect of repeal of penal law..................................................... 2No common law crimes in the Philippines ............................. 3Question and Answer ................................................................ 3 Cases .................................................................................. 4-18

Introduction –– Study Guide/Summary Outline .................... 19

THE REVISED PENAL CODE(ACT NO. 3815, AS AMENDED.)

An Act Revising the Penal Code and Other Penal Laws

PRELIMINARY ARTICLE

Introductory Notes ............................................................................ 28In general ................................................................................... 28Code Committee ........................................................................ 29Sources of Criminal Law .......................................................... 29Theories of Penology ................................................................. 30The Classical Theory ................................................................. 30Question and Answer ................................................................ 30 Cases ................................................................................... 31

Preliminary Article –– Study Guide/Summary Outline ........ 32

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BOOK ONE

GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS

OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES

Article 1. Time when Act takes effect. ............................................. 34

Introductory Notes .................................................................... 34Question and Answer ................................................................ 34

Article 2. Application of its provisions. ........................................... 35

Introductory Notes .................................................................... 36In General .................................................................................. 36Exceptions to rule of territoriality ........................................... 36Laws of preferential application .............................................. 36Specifi c exceptions under Art. 2 of this Code ......................... 37The rule governing crimes committed on board foreign merchant vessels ................................................................ 37Question and Answer ................................................................ 38 Cases ................................................................................... 42-53

Article 2 –– Study Guide/Summary Outline .......................... 55

TITLE ONE –– FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

CHAPTER ONE –– Felonies

Article 3. Defi nition. ......................................................................... 62

Introductory Notes .................................................................... 62In general ................................................................................... 62Criminal Intent .......................................................................... 63Dolus ...................................................................................... 64Dolus (criminal intent) defi ned ................................................ 64Mistake of fact ........................................................................... 64Elements of mistake of fact ...................................................... 64Mistake of fact distinguished from mistake in identity ........ 64Malum prohibitum .................................................................... 65Intent distinguished from motive ............................................ 65Distinction between general intent and specifi c intent ......... 65Culpa .......................................................................................... 66Culpa defi ned ............................................................................. 66Culpa is fault or negligence ..................................................... 66Presumption of innocence ......................................................... 67Burden of proof in criminal cases ............................................ 67Question and Answer ................................................................ 67 Cases ................................................................................... 68-98


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Article 4. Criminal Liability ............................................................ 110

Introductory ............................................................................... 110

Par. 1 –– Liability for a felonious act and its consequences ....................................................................... 110 In general ............................................................................ 110 Proximate cause ................................................................. 110 Intervening cause ............................................................... 111 Supervening event .............................................................. 111 Victim with heart disease.................................................. 111 Medical treatment or surgical operation .......................... 111 Effect of conspiracy ............................................................ 111Par. 2 –– Impossible crimes ..................................................... 112 In general ............................................................................ 112 Purpose ................................................................................ 112 Penalty ................................................................................ 112 Examples ............................................................................. 112 No frustrated or attempted impossible crime.................. 112 Falsifi cation is not an impossible crime ........................... 113Question and Answer ................................................................ 113 Cases .................................................................................. 114-142


Article 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and cases of excessive penalties. ....................................... 153

Introductory Notes .................................................................... 154Par. 1 –– The Court should report to the Chief Executive a criminal act which should be the object of penal legislation ............................................................................ 154Par 2 –– The courts must impose the penalty prescribed by this Code but if the penalty be clearly excessive, they should recommend executive clemency ................... 154Question and Answer ................................................................ 154 Cases ................................................................................... 155-159

Article 6. Consummated, frustrated, and attempted felonies. ....... 160

Introductory Notes .................................................................... 160Three (3) Stages of Execution .................................................. 160Particular Crimes ...................................................................... 161Frustrated or Attempted Homicide distinguished from Physical Injuries –– Intent to Kill .................................... 162Attempted Robbery distinguished from Trespass to Dwelling .......................................................................... 162Question and Answer ................................................................ 163 Cases .................................................................................. 164-207


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Article 7. When light felonies are punishable. ............................... 226

Introductory ............................................................................... 226Question and Answer ................................................................ 226

Article 8. Conspiracy and proposal to commit felony. ................... 230

Introductory Notes .................................................................... 230Question and Answer ................................................................ 230 Cases ................................................................................... 232-260


Article 9. Grave felonies, less grave felonies and light felonies. ... 270



Article 10. Offenses not subject to the provisions of this Code. .... 273


CHAPTER TWO –– Justifying Circumstances and Circumstances which Exempt from

Criminal Liability

Article 11. Justifying circumstances. .............................................. 281

Introductory Notes .................................................................... 282Par. 1 –– Self-Defense ............................................................... 282 First Requisite –– Unlawful Aggression .......................... 282 Second Requisite –– Reasonable necessity of the means employed to prevent or repel the unlawful aggression .................................................... 282 Third Requisite –– Lack of suffi cient provocation on the part of the person defending himself ............ 283Par. 2 –– Defense of relatives .................................................. 283Par. 3 –– Defense of stranger .................................................. 284Par. 4 –– Damage to another (State of Necessity) ................. 284Par. 5 –– Fulfi llment of duty or lawful exercise of right ...... 285Par. 6 –– Obedience to an order issued by a superior for some lawful purpose..................................................... 286Question and Answer ................................................................ 286 Cases ................................................................................... 287-376

Article 11 –– Study Guide/Summary Outline ........................ 377

Article 12. Circumstances which exempt from criminal liability. ....................................................................... 398

Introductory Notes .................................................................... 399Introduction (in general) ........................................................... 399

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Distinction between Art. 11 (Justifying) and Art. 12 (Exempting) ........................................................................ 399Par. 1 –– Imbecile or insane .................................................... 399 In general ............................................................................ 399 Imbecile defi ned .................................................................. 400 Presumption in favor of sanity ......................................... 400Par. 2 –– Under nine years of age ........................................... 400Par. 3 –– Over nine and under fi fteen, without discernment ........................................................................ 401 A minor under 15 years of age ......................................... 401 A minor under 18 years of age ........................................ 401 Penalty on minor (Art. 68) ................................................ 401 Best evidence as to age ...................................................... 402 Discernment ........................................................................ 402Par. 4 –– Accident ..................................................................... 402 Elements ............................................................................. 402 No civil liability .................................................................. 402 Penalty ................................................................................ 403Par. 5 –– Under compulsion of an irresistible force .............. 403Par. 6 –– Under impulse of an uncontrollable fear of an equal or greater injury ...................................................... 403 In general ............................................................................ 403 Requisites ............................................................................ 403Par. 7 –– Prevented by some lawful or insuperable cause.... 403 Other absolutory causes .................................................... 404 Defenses for acquittal in criminal cases .......................... 404 Circumstances which are neither exempting nor mitigating .............................................................. 405 Mistake in identity ............................................................. 405 Accused is over 18 years of age ........................................ 405Question and Answer ................................................................ 405 Cases ................................................................................... 406-451


CHAPTER THREE –– Circumstances which Mitigate Criminal Liability

Article 13. Mitigating Circumstances. ............................................ 469

Introductory Notes .................................................................... 470Differences between privileged mitigating and ordinary mitigating circumstances ................................................... 470Privileged mitigating circumstances ........................................ 470Degrees distinguished from periods......................................... 471Par. 1 –– Incomplete justifying or exempting circumstances ..................................................................... 471Par. 2 –– As to age –– under 18 (privileged) or over 70 (ordinary) ............................................................................ 471

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Par. 3 –– No intention to commit so grave a wrong .............. 472Par. 4 –– Suffi cient provocation or threat immediately preceded the act ................................................................. 472Par. 5 –– Vindication of a grave offense ................................. 472Differences between provocation (par. 4) and vindication (par. 5) ................................................................................. 472Par. 6 –– Passion or obfuscation .............................................. 473Par. 7 –– Voluntary Surrender or confession of guilt ............ 473 1st –– Voluntary surrender ............................................. 473 Requisites of voluntary surrender .................................... 474 2nd –– Confession of guilt ................................................. 474 Three requirements for plea of guilty .............................. 474Par. 8 –– Physical defect .......................................................... 475Par. 9 –– Illness which diminished will power ...................... 475Par. 10 –– Similar or analogous circumstances ..................... 475Other mitigating circumstances ............................................... 475Effect on amount of damages ................................................... 475Question and Answer ................................................................ 476 Cases ................................................................................... 479-562


CHAPTER FOUR –– Circumstances which Aggravate Criminal Liability

Article 14. Aggravating Circumstances. ......................................... 588

Introductory Notes .................................................................... 590Concept of aggravating circumstances .................................... 590Four kinds .................................................................................. 590Distinctions between generic and qualifying .......................... 590

Par. 1 –– Advantage be taken of public position ................... 592Par. 2 –– Contempt of, or with insult to, public authorities ........................................................................... 592 Person in authority, his agent, and public offi cer distinguished ............................................................... 592Par. 3 –– Disregard of the respect due to rank, age, sex, or if committed in the dwelling of the offended party .... 592 1st –– Insult or in disregard of the respect due to rank, age or sex ...................................................... 593 Rank .................................................................................... 593 Age ...................................................................................... 593 Sex ...................................................................................... 594 2nd –– Dwelling ................................................................. 594Par. 4 –– Abuse of confi dence or obvious ungratefulness ..... 595 Abuse of confi dence ............................................................ 595 Qualifi ed theft..................................................................... 595 Obvious ungratefulness ..................................................... 595

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Par. 5 –– Place of crime ............................................................ 595 Distinguished from par. 2 –– contempt of or with insult to public authorities ......................................... 596Par. 6 –– Nighttime (nocturnidad), uninhabited place (despoblado) or by a band (en cuadrila) ........................... 596 Objective and subjective test of nighttime ....................... 597 Band is not specifi c to crimes against property .............. 598Par. 7 –– Occasion of public calamity ..................................... 598 Distinguished from par. 12 –– great waste or ruin ........ 598Par. 8 –– With aid of armed men or persons who insure or afford impunity .............................................................. 598 Distinguished from par. 6 –– by a band .......................... 598Par. 9 –– Recidivism (reincidencia) ......................................... 599 Distinguished from habitual delinquency ........................ 599 Principal and additional penalties distinguished ............ 600Par. 10 –– Reiteration or habituality (reiteracion) ................ 600Par. 11 –– In consideration of price, reward or promise ....... 600Par. 12 –– By means of inundation, fi re, poison, explosion, shipwreck, derailment or involving great waste or ruin ................................................................................. 601 Distinguished from par. 7 –– occasion of public calamity ........................................................................ 601Par. 13 –– Evident premeditation ........................................... 601 Distinguished from par. 8 –– conspiracy ......................... 602Par. 14 –– Craft, fraud or disguise .......................................... 602Par. 15 –– Advantage taken of superior strength or means employed to weaken the defense .......................... 602Par 16 –– Treachery (alevosia) ................................................ 603Par. 17 –– Ignominy (ignominia) ............................................. 604Par. 18 –– Unlawful entry (escalamiento) .............................. 604Par. 19 –– Breaking wall, roof, fl oor, etc. ............................... 604 Exceptions for public offi cers ............................................ 604Par. 20 –– With aid of persons under 15 or by means of motor vehicles, etc. ............................................................. 605Par. 21 –– Cruelty (ensanamiento) .......................................... 605 Outraging or scoffi ng at persons or corpse of victim ...... 606Other aggravating circumstances ............................................ 606Question and Answer ................................................................ 607 Cases .................................................................................. 612-773


CHAPTER FIVE –– Alternative Circumstances

Article 15. Their concept. ................................................................. 836Introductory Notes .................................................................... 836 Relationship ........................................................................ 836 Intoxication ......................................................................... 837 Degree of Instruction ......................................................... 837

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Question and Answer ................................................................ 837 Cases .................................................................................. 839-860

Study Guide/Summary Outline ............................................... 860

TITLE TWO –– PERSONS CRIMINALLY LIABLE FOR FELONIES

Article 16. Who are criminally liable. ............................................. 871

Introductory Notes .................................................................... 871Question and Answer ................................................................ 871 Cases .................................................................................. 873

Article 17. Principals. ....................................................................... 874

Introductory Notes .................................................................... 874Par. 1 –– Principals by direct participation ............................ 875Par. 2 –– Principals by direct inducement ............................. 875Par. 3 –– Principals by indispensable cooperation ................. 875Principals by indispensable cooperation distinguished from principal by direct participation .............................. 875Co-principals by conspiracy ...................................................... 876Penalty ...................................................................................... 876Question and Answer ................................................................ 876 Cases .................................................................................. 876-911

Article 17 –– Study Notes/Summary Outline ......................... 911

Article 18. Accomplices. .................................................................... 919Introductory Notes .................................................................... 919Accomplice in crimes against persons ..................................... 920Question and Answer ................................................................ 920Cases ......................................................................................... 920-940

Article 18 –– Study Notes/Summary Outline ......................... 940

Article 19. Accessories. ..................................................................... 945

Introductory Notes .................................................................... 945Anti-Fencing Law ...................................................................... 947 Question and Answer ................................................................ 947Cases ......................................................................................... 948-968

Article 19 — Study Guide/Summary of Outline .................... 968

Article 20. Accessories who are exempt from criminal liability. ... 974

Introductory Notes .................................................................... 974Question and Answer ................................................................ 974 Case .................................................................................... 975-976

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Padilla's Ultimate Criminal Law Study Guide and Reviewer