CRIMINAL LAW 1 | Atty.

Jan Michael Lorenzo | @maebecher

FELONIES | Article 3, Revised Penal Code INTENTIONAL FELONIES (Dolo) – the act or omission is committed with criminal
intent (maliciously). The offender, is performing the act or in incurring the omission
DEFINITION OF TERMS has the intention to cause an injury to another.
 CRIMES - An act or omission contrary to laws established for the welfare of
the public at large, for which the law provides a punishment. (Webster’s Legal Offender must have the following while doing an act or omitting to do an act in order
Dictionary). A crime is the generic term used to refer to a wrongdoing to be considered to have been performed or incurred with deliberate intent.
punished either under the Revised Penal Code or under a Special Penal Law. 1. Freedom – refers to the voluntariness on the part of the person to commit the
 FELONIES - Acts and omission punishable by the law (Revised Penal Code) act or omission
Par. 1, Art. 3, RPC. It is committed not only by means of deceit (dolo) but also 2. Intelligence – refers to the capacity to know and understand the consequences
by means of fault (culpa). Par. 2, Art 3, RPC. of one’s act.
 OFFENSES - Acts of omission punished under a Special Penal Law. 3. Intent – refers to the mental state to commit a crime with malice.
 DECEIT - There is deceit when the act is performed with deliberate intent.
(Par 3, Art 3, RPC. NEGLIGENT FELONIES (Culpa) – the act or omission is the result of imprudence,
 FAULT – there is fault when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill and not malicious. The injury caused by
negligence, lack of foresight or lack of skill. (par 3, Art 3, RPC) the offender to another person is unintentional, it being simply the incident of another
 OVERT ACTS – these are some physical activity or deed, indicating the act performed without malice.
intention to commit a particular crime, more than mere planning or
preparation, which if carried to its complete termination following its natural Offender must have the following while doing an act or omitting to do an act in order
course, without being frustrated by external obstacles nor by the voluntary to be considered that it is committed by means of fault or culpa.
desistance of the perpetrator, will logically and necessarily ripen into a 1. Freedom – refers to the voluntariness on the part of the person to commit the
concrete offense. act or omission
 OMISSIONS – as contemplated in criminal law means inaction. These means 2. Intelligence – refers to the capacity to know and understand the consequences
failure to perform a positive duty which one is bound. There must be a law of one’s act.
requiring the doing or performance of a duty. 3. Imprudent or Negligence – refers to the lack of skill or lack of foresight
which led crime
DOLO CULPA
Imprudence – indicates a deficiency of action, usually involves lack of skill. When a
Act is malicious Act is not malicious
person fails to take the necessary precaution to avoid injury to person or damage to
With Deliberate intent Without deliberate intent, injury caused
property.
is unintentional
Has intention to cause a wrong Wrongful act results from imprudence, Negligence – indicates a deficiency of perception, usually involves lack of foresight.
negligence, lack of foresight or lack of When a person fails to pay proper attention and to use due diligence in foreseeing the
skill injury or damage impending to be caused.
Elements of Felonies
1. There must be an act or omission
2. The act or omission must be punishable by the Revised Penal Code
3. The act is performed or the omission incurred by means of dolo or culpa.

PP v. Gonzales, GR 80762 (March 19, 1990) INTENT

1. General Intent – this is the intent referred to in intentional Felonies which is
generally present
CRIMINAL LAW 1 | Atty. Jan Michael Lorenzo | @maebecher
2. Special Intent – this intent is present in some particular intentional felonies. circumstances are appreciated in unless the special law has adopted the
Such as: imposing the penalties scheme or scale of penalties under the
a) Intent to gain Revised Penal Code
b) Intent to kill
c) Intent of lewd designs Section (5)I and Section 5(e) of RA 9262 are mala in se
Sections 5(i) and 5(e) of RA 9262 are mala in se, not mala prohibita, even though RA
Culpable Felonies (Culpa) 9262 is a special penal law. The acts punished therein are inherently wrong or
First view – Culpa under Article 3 of the Revised Penal Code is not a crime but just a depraves, and the language used under the said penal law requires a mental element.
mode of committing a crime. Hence, a single reckless act my result to different crimes. Being a crime mala in se, there must thus be a concurrence of both “actus reus” and
Second view – Reckless imprudence under Article 365 of the RPC is a single quasi- “mens rea” to constitute the crime. “Actus reus” pertains to the external or overt acts or
offense by itself and not merely to commit other crimes. So one single careless act, omissions included in a crime’s definition while “Mens Rea” refers to the accused’s
whether the injuries result should affect one or several persons, the offence criminal guilty state of mind or criminal intent accompanying the “Actus Reus”.
negligence remains one and the same, and cannot be split into different crimes and
prosecutions. Mistake of Fact
Ivler v Modesto, GR 172716 (Nov 17, 2010)
Ignorantia legis non excusat – ignorance of the law exucses no one from compliance
therewith
Mala In Se – literally means wrong or evil in itself. It is a Latin phrase used in law to
Ignorantia facti excusat – ignorance or mistake of fact relieves the accused from
refer to conduct assessed as sinful or inherently wrong by nature, independent of
criminal liability
regulations governing the conduct. Being a crime mala in se, there must thus be a
concurrence of both actus reus and mens rea to constitute the crime.
Mistake of Fact
1. Actus retus – pertains to the external or overt acts or omissions included in a
- This is the misapprehension of facts on the part of the person who caused
crime’s definition.
injury to another. He is not, however, criminally liable, because he did not act
2. Mens rea – refers to the accused’s guilt state of mind or criminal intent
with criminal intent. It is necessary that had the facts been true as the accused
accompanying the actus.
believed them to be, the act is justified. Moreover, the offender must believe
that he is performing a lawful act.
Mala Prohibita – literal translation means wrong as or because prohibited. It is a Latin
phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of
Requisites of Mistake of Fact
statute.
1. That the act done would have been lawful had the facts been as the accused
believed them to be
Mala In Se Mala Prohibita
2. That the intention of the accused in performing the act is lawful
There must be a criminal intent Sufficient that the prohibited act was done 3. That the mistake must be without fault or carelessness on the part of the
Wrong, by its very nature Wrong merely because prohibited by statute. accused.
(a) Good faith (a) Good faith; or
(b) Lack of criminal intent (b) Lack of criminal intent, are not MOTIVE
(c) Lack of negligence are material and are not valid defenses - Is the moving power which impels one to action for a definite result
material and are valid - People v Felipe Ballesteros et al, GR 120921 (January 29, 1998)
defenses - Motive generally is referred to as the reason which prompts the accused to
Generally punished under the Generally, involves violation of Special Penal engage in a particular criminal activity. Motive is not an essential element of a
Revised Penal Code Laws crime and hence, the prosecution need not prove the same. As a general rule,
Mitigating and aggravating Such circumstances are not appreciated proof of motive for the commission of the offense charged does not show guilt
CRIMINAL LAW 1 | Atty. Jan Michael Lorenzo | @maebecher
and absence of proof of such motive does not establish the innocence of
accused for the crime charged such as murder. Delito Continuado or Continuous Crime
- People v Marlon Delim et al, GR 142773 (January 28, 2003) To exist there should be:
1. A plurality of acts performed during a period of time
Motive is material when: 2. Unity of penal provision violated
1. The acts bring about variant crimes 3. And unity of criminal intent or purpose
2. The identity of the assailant is in doubt; Leticia I Kummer v. People, GR
174461 (September 11, 2013) Santiago v. Garchitorena, GR 109266 (December 2, 1993)
3. The evidence on the commission of the crime is purely circumstantial or Umit v Ramos, GR 81567 (Oct 3, 1991)
inconclusive and there is some doubt or whether a crime has been committed
or whether the accused has committed it; Romulo Trinidad v People, GR The crimes of insurrection or rebellion, subversion, conspiracy or proposal to commit
192241 (June 13, 2012) such crimes, and other crimes and offense committed in the furtherance (sic) on the
4. The absence of motive is important in ascertaining the truth as between two occasion thereof, or incident thereto, or in connection therewith under Presidential
antagonistic theories or versions of the killing; Ramon Borguilla v CA, GR L- Proclamation No. 2045, are all in the nature of continuing offenses which set them
47286 (January 7, 1987) apart from the common offenses, aside from their essentially involving a massive
conspiracy of nationwide magnitude.
CONTINUED CRIMES v CONTINUING CRIMES
Unlike other so-called “common” offense, i.e. adultery, murder, arson etc, which
Continuing Crimes generally end upon their commission, subversion and rebellion are anchored on an
- The term “continuing” here must be understood in the sense similar to that of ideological base which compels the repetition of the same acts of lawlessness and
“transitory” and is only intended as a factor in determining the proper venue violence until the overriding objective of overthrowing organized government is
or jurisdiction for that matter of the criminal action pursuant to Section 14, attained.
Rule 110 of the Rules of Court.
- This is so, because “a person charged with a transitory offense may be tried in Cases Delito Continuado is applied:
any jurisdiction where the offense is part committed. In transitory or 1. The theft of same things belonging to two different owners committed by the
continuing offense in which some acts material and essential to the crime and accused at the same place, period of time or same occasion. (Santiago v.
requisite to its consummation occur in one province and some in another, the Garchitorena, GR 109266, Dec 2, 1993)
court of either province has jurisdiction to try the case, it being understood 2. Accused intented to only to rob one place and in the process, also took away
that the first court taking cognizance of the case will exclude the other. the money and valuables of the employees working in that place. (People v De
Leon, GR 179943, June 26, 2009).
3. Robbery that took place in several houses belonging to different persons,
Delito Continuado or Continuous Crime when not absolutely unconnected. Component parts of the general plan to
- A single crime consisting of a series of acts arising from a single criminal despoil all those within the vicinity. (People v De Leon, GR 179943, June 26,
resolution or intent not susceptible of division. For Cuello Calon, when the 2009).
actor, there being unity of purpose and of right violated, commits diverse acts, 4. In rape where the accused’s lustful desire to change positions inside the room
each of which although of a delictual acts is called a “delito continuado”. In where the crime was committed. (People v Aaron, GR 136300-02, September
order that it may exist, there should be “plurarity of acts” performed 24, 2002).
separately during a period of time; unity of penal provision infringed upon or
violated and unity of criminal intent and purpose, which means that two or When Not Applicable
more violations of the same penal provision are united in one and the same 1. When accused would rest after satiating his lust upon his victim, and after he
intent leading to the perpetration of the same criminal purpose or aim. has regained his strength, he would again rape victim, separate and distinct
CRIMINAL LAW 1 | Atty. Jan Michael Lorenzo | @maebecher
acts of sexual assault as he was not motivated by a single impulse, but rather 6. Robbery with force upon things and Robbery with violence and intimidation
by several criminal intent. (People v. Lucena, GR 190632, February 26, 2014) (Fransdilla v People, GR 197562, April 20, 2015). Except if there is robbery
2. Child Prostitution and other Sexual Abuse under Sec. 5, RA 7610 (Lavides v. with homicide.
CA, GR 129670, February 1, 2000). 7. Killing was the result of a single impulse, which was induced by the order of
3. VAWC Law/RA 9262, Dinamling v People, GR 199522, June 22, 2015) the leader to fire. There is no evidence as to the number of persons killed by
4. Estafa, against different persons (PP v Balasa, GR 106357, September 3, each and every one of the appellants and there is no conspiracy. (PP v. Lawas,
1998) GR L-7618, June 30, 1955
5. Estafa against single person (PP v Ledesma, GR L-41522, September 29, 8. Gang war inside the prison (PP v Abella, GR L-32205, August 31, 1979)
1976) 9. Falsification of numerous warehouse receipt to swindle the bank in the total
6. Estafa on different date or occasions (Santiago v. Garchitorena, GR 109266, amount of Php1,400.00 (PP v Garcia, GR L-40106, March 13, 1980)
December 2, 1993)
7. Absent of Foreknowledge (Gamboa v CA, GR L-41054, November 28, 1975) PENALTIES | Application and Graduation of Penalties

Complex Crimes & Composite Crimes If there is Conspiracy, there is no complexing of the crime.
In the instant case, however, the acts of accused-appellant Orais and Elarcosa
Complex Crimes (Article 48, RPC) demonstrate the existence of conspiracy, thereby imputing collective criminal
- When a single act constitutes two or more crimes, or when an offense is a responsibility upon them, as the act of one is the act of all. Verily, the ruling in Lawas
necessary means for committing the other. In both cases the offender has only that “it is impossible to ascertain the individual deaths caused by each and everyone”
one criminal intent. of the defendants does not apply here. People v Mitsuel L. Elarcosa et al., GR 186539,
- Here, there is only one penalty imposed for the commission of a complex June 29, 2010.
crime.
If there is Conspiracy, there is no complexing of the crime.
Compound Crimes (Article 48, RPC) With the presence of conspiracy in the case at bench, appellants and their co-accused
- When a single act constitutes two or more grave or less grace felony had assumed joint criminal responsibility – the act of one is the act of all. The
- Requisites: ascertainment of who among them actually hit, killed and/or caused injury to the
o Only a single act is performed by the offender victims already becomes immaterial. Collective responsibility replaced individual
responsibility. The Lawas doctrine, premised on the impossibility of determining who
o The single act produces:
killed whom, cannot, to repeat, be applied. People v. Wenceslao Nelmida et. Al, GR
 Two or more grave felonies
184500, September 11, 2012, En Banc.
 One or more grave and one or more less grave felonies
 Two or more less grave felonies
Complex Crime Proper
- when an offense is the necessary means for committing the other.
Examples of Compound Crimes
- Requisites:
1. Mistake of Blow (aberration ictus)
o At least two offenses are committed;
2. Single act of throwing a grenade (People Mores, GR 189846, June 26, 2013)
o One or some of the offenses must be necessary to commit the other;
3. Single pressing the trigger of firearm hitting two or more persons except if
capable of continuous firing (People v Sanchez, GR 131116, August 27, 1999) and
4. Placing a time bomb on a place (People v Largo) o Both or all the offenses must be punished under the same statute.
5. Direct assault with homicide/murder (People v Pitulan, GR 226486, January
22, 2020) Examples:
1. Falsification of public document to commit malversation (PP v Barbas)
2. Usurpation of official functions to commit simple seduction (US v Hernandez)
3. Abduction to commit rape (PP v Manguiat)
CRIMINAL LAW 1 | Atty. Jan Michael Lorenzo | @maebecher

Composite Crimes
- Also known as Special Complex Crimes
- A composite crime, also known as a special complex crime, is composed of
two or more crimes that the law treats as a single indivisible and unique
offense for being the product of a single criminal impulse. It is a specific
crime with a specific penalty provided by law, and differs from a compound or
complex crime under Article 48 of the Revised Penal Code.

Examples of Special Complex Crimes

1. Qualified Piracy – when piracy is accompanied by murder, homicide, physical
injuries or rape (Par. 3, Art 123, RPC)
2. Rape (by reason or occasion of), homicide is committed (Art 266-B)
3. Attempted Rape (by reason or occasion of), homicide is committed (Art 266-
B)
4. Rape (by reason or occasion of), the victim has suffered permanent physical
mutilation or disability (Art 266-B)
5. Sexual Assault (by reason or occasion of), homicide is committed (Art 266-B)
6. Attempted Sexual Assault (by reason or occasion of), homicide is committed
(Art 266-B)
7. Kidnapping and Serious Illegal Detention, when victim is rape as consequence
of detention (Art 267)
8. Kidnapping and Serious Illegal Detention, when victim is killed or dies as
consequence of detention (Art 267)
9. Kidnapping and Serious Illegal Detention, when serious physical injuries is
inflicted to the victim (Art 267)
10. Kidnapping and Serious Illegal Detention, when threat to kill shall be made to
the victim (Art 267)
11. Robbery by reason or occasion of, homicide is committed (Art 294)
12. Robbery shall be accompanied by rape (Art 294)
13. Robbery shall be accompanied by intentional mutilation act (art 294)
14. Robbery shall be accompanied by arson (Art 294)
15. Robbery (by reason or occasion of), serious physical injuries is committed
(Art 294)
16. Attempted or Frustrated Robbery (by reason or occasion of), homicide is
committed (Art 297)