a) What are the characteristics of Criminal Law? Define each.

There are three main characteristics of the Philippine Criminal Law. These are:
1. Generality - principle refers to persons who may be made liable under the Code, on
the other hand, territoriality refers to where the law takes effect. The laws of
preferential application and those provided for treaties shall serve as exceptions to
the generality principle. An example of a law of preferential application is Republic
Act No. 75 which provides immunity for accredited foreign diplomatic and consular
representatives.
2. Territoriality - means that penal laws of the Philippines are enforceable only within its
territory. This is the extent of the Philippine territory as far as the Revised Penal Code
is concerned. This territoriality principle was not explicitly written under the old Code
of 1870. For the Code to apply the offense must be committed in a Philippine ship or
airship. Any person who shall forge any coin or currency note or obligation of the
Philippines and introduce the same in the territory, even if such was committed
outside the territory, maybe tried in the Philippines for violation of the Code. A public
officer, as defined in the Code, may be criminally liable, even if he is outside the
Philippines, if an offense is committed in the exercise of their functions. The crimes
committed against national security and the law of nations are found in Chapter 1,
Book 2 of the Code.
3. Prospective - means that a new penal law cannot make an act or omission a crime,
when at the time of the omission or commission of the act such was not penalized. In
short, the law in effect at the time of the commission of an act will govern. The
prospective principle of the Code is in conjunction with the Constitutional provision on
bill of attainder and ex-post facto law.
Reference:
https://www.lawteacher.net/free-law-essays/international-law/general-principles-international-law-essay.php#:~:text=One%20of%20the%20general%20
characteristics,Revised%20Penal%20Code%20is%20concerned.

b) Distinguish a crime mala inse from a crime mala prohibita.

Mala In Se - the acts or omissions itself are inherently wrongful and immoral. These are acts
which our society, our traditions, and our parents consider as naturally and organically evil.
Thus, they are acts and omissions which are wrong because they violate the moral, natural,
or public principles of our society. These are acts or omissions, in contrast with mala
prohibita, which do not need special criminal statutes to criminalize those acts or omissions
simply by violating such special laws.
Mala Prohibita - These are acts or omissions which are not inherently wrongful or immoral by
themselves; yet, because of certain statutes or laws prohibiting such acts or omission, they
have been considered as crimes or offenses. Hence, they become punishable under such
laws. Usually,these are crimes or offenses which do not harm people and property. They may
also include breaches of statutes or prohibitions involving minor crimes, such as but not
limited to infractions of ordinances.
Reference: https://ralblaw.com/mala-prohibita-vs-mala-in-se-principles-of-criminal-law/
 c) What is a Felony? How are felonies committed? (Article 3, RPC)

- According to the Revised Penal Code of the Philippines, felonies are “acts and omissions
punishable by law…” In Latin, these are known as delitos. Felonies are committed not only by
means of deceit (dolo) but also by means of fault (culpa). It is also stated in the Code that, “there
is deceit when the act is performed with deliberate intent and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or lack of skill.”
Reference: 1930 Revised Penal Code of the Philippines

d) How is criminal liability incurred (Article 4, RPC)

1. When is there an error in personae?

- A mistake in identity occurs when the offender actually hit the person to whom
the blow was directed but turned out to be different from and not the victim
intended. The criminal liability of the offender is not affected, unless the mistake
in identity resulted in a crime different from what the offender intended to commit,
in which case the lesser penalty between the crime intended and the crime
committed shall be imposed but in the maximum period (Art. 49, RPC).
2. When is there an aberration ictus?
- A mistake in the blow occurs when the offender delivered the blow at his
intended victim but missed, and instead such blow landed on an unintended
victim. The situation generally brings about complex crimes where from a single
act, two or more grave or less grave felonies resulted, namely the attempt
against the intended victim and the consequence on the unintended victim. For
complex crimes, the penalty for the more serious crime shall be the one imposed
and in the maximum period. It is only when the resulting felonies are only light
that complex crimes do not result and the penalties are to be imposed distinctly
for each resulting crime.
3. When is there a praeter intentionem?
- Is where the consequence went beyond that intended or expected. This is a
mitigating circumstance (Art. 13. par. 3, RPC) when there is a notorious disparity
between the act or means employed by the offender and the resulting felony, i,e.,
the resulting felony could not be reasonably anticipated or foreseen by the
offender from the act or means employed by him.
Reference:
https://www.bigwas.com/2014/05/criminal-liability.html#:~:text=ERROR%20IN%20PERSONAE%20or%20mistake,and%20not%20the%20victim%20int
ended.

e) What is Proximate Cause?

- Proximate cause is defined as 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. More comprehensively, proximate cause is that cause
acting first and producing the injury, either immediately or by setting other events in
motion, all constituting a natural and continuous chain of events, each having a close
causal connection with its immediate predecessor, the final event in the chain
immediately effecting the injury as natural and probable result of the cause which first
acted, under such circumstances that the person responsible for the first event should, as
an ordinarily prudent and intelligent person, have reasonable ground to expect at the
 moment of his act or default that an injury to some person might probably result
therefrom.

There is no exact mathematical formula to determine proximate cause. It is based upon

mixed considerations of logic, common sense, policy and precedent. Plaintiff must,
however, establish a sufficient link between the act or omission and the damage or injury.
That link must not be remote or far-fetched; otherwise, no liability will attach. The damage
or injury must be a natural and probable result of the act or omission.
Reference:
https://www.chanrobles.com/scdecisions/jurisprudence2008/feb2008/161803.php#:~:text=Proximate%20cause%20is%20defined%20as,result%20woul
d%20not%20have%20occurred.

f) What is an Efficient Intervening Cause?

- An efficient intervening cause is a new, independent force intervening between the

defendant's negligent act and the plaintiff's injury by the negligence of a third person who
had full control of the situation, whose negligence the defendant could not anticipate or
contemplate, and whose negligence resulted directly in the plaintiff's injury.
- An efficient intervening cause is a new, independent force intervening between a
defendant's negligent act and a plaintiff's injury by the negligence of a third person who
had full control of the situation, whose negligence the defendant could not anticipate or
contemplate, and whose negligence resulted directly in the plaintiff's injury. If, conversely,
the third party's negligence is reasonably foreseeable, then the third party's negligence is
not an efficient intervening cause as a matter of law. However, if a defendant's conduct
constitutes merely passive negligence, which creates a condition which facilitates injury
through subsequent third-party negligence, the third-party negligence is an efficient
intervening cause. The question whether the negligence of a third person constitutes an
intervening cause is a question of fact.
Reference:
https://law.justia.com/cases/nebraska/supreme-court/1997/1257-4.html#:~:text=An%20efficient%20intervening%20cause%20is%20a%20new%2C%20
independent%20force%20intervening,whose%20negligence%20resulted%20directly%20in
https://definitions.uslegal.com/e/efficient-intervening-cause/#:~:text=An%20efficient%20intervening%20cause%20is,original%20wrong%20and%20the
%20injury.

g) What is impossible crime? (Article 4 (2), RPC)

- According to Article 4, Part. 2 of the 1930 Revised Penal Code of the Philippines, it is
stated that, “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 an account
of the employment of inadequate or ineffectual means.” Examples of an impossible crime,
which formerly was not punishable but is now under article 59 of the Revised Penal
Code, are the following: (1) When one tries to kill another by putting in his soup a
substance which he believes to be arsenic when in fact it is common salt; and (2) when
one tries to murder a corpse.
Reference: 1930 Revised Penal Code of the Philippines

h) Why is an impossible crime made punishable?

- The act is being punished is the criminal tendency of the offender. Impossible crime is a
crime of last resort. If the acts of the offender constitute a distinct felony, an impossible
crime is not committed. In such a situation, a crime is committed. Technically, an
 impossible crime is not really a crime. It is only so-called because the act gives rise to
criminal liability. But actually, no felony is committed. The accused is to be punished for
his criminal tendency of propensity although no crime was committed. Thus, the
requisites of an impossible crime are: (1) that the act performed would be an offense
against persons or property; (2) that the act was done with evil intent; and (3) that its
accomplishment was inherently impossible, or the means employed was either
inadequate or ineffectual.
Reference:
https://www.bigwas.com/2019/01/what-is-impossible-crime.html#:~:text=No%2C%20an%20impossible%20crime%20is,although%20no%20crime%20w
as%20committed.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64072#:~:text=Thus%2C%20the%20requisites%20of%20an,was%20either%20inadequate%2
0or%20ineffectual.

i) What is the duty of the court in connection which acts which should be repressed but
which are not covered by the law? (Article 5, RPC)

- As stated in Article 5 of the Revised Penal Code of the Philippines, “Duty of the court in
connection with acts which should be repressed but which are not covered by the law,
and in 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 legislation.”
Reference: 1930 Revised Penal Code of the Philippines

j) What is the duty of the court in cases of excessive penalties? (Article 5, RPC)

- According to the Code, “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.”
Reference: 1930 Revised Penal Code of the Philippines

k) When is there a consummated felony? (Article 6, RPC)

- According to Article 6 of the Revised Penal Code of the Philippines, “- a felony is

consummated when all the elements necessary for its execution and accomplishment are
present…” For example, you hate your neighbor so you plot to shoot him when he leaves
for work. You go out, you purchase a gun, and you watch his house so that you know his
schedule. When you are ready to carry out your plan, you approach him at the
appropriate time and you shoot him in the back of the head. He dies as a result. That’s a
consummated felony (first-degree homicide) because every single thing is present. You
actually planned to kill him (premeditation) and then you successfully carried out your
plan with the exact result you wanted (his death).
Reference: 1930 Revised Penal Code of the Philippines

l) When is there a frustrated felony? (Article 6, RPC)

- According to Article 6 of the Revised Penal Code of the Philippines, “it is frustrated when
the offender performs all the acts of execution which would produce the felony as a
 consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.”

For example, you plan to poison your neighbor in order to kill him. You then put the
poison into the food that he is eating. His life is then saved by the doctors in the hospital.
That’s a frustrated homicide because you did not actually succeed in killing him. You
obviously planned to commit first-degree homicide but you failed because of something
that was out of your control.
Reference: 1930 Revised Penal Code of the Philippines

m) When is there an attempted felony? (Article 6, RPC)

- According to Article 6 of the Revised Penal Code of the Philippines, “there is an attempt
when the offender commences the commission of a felony directly or over acts, and does
not perform all the acts of execution which should produce the felony by reason of some
cause or accident other than this own spontaneous desistance.”

Example, you break into my house but are caught without any of my property on you. You
have attempted burglary but you have not committed it because you did not take
anything. Another example would be if you were caught removing the neighbor’s fence
posts in order to get onto my property. You’ve only committed attempted trespass but
even if you were planning to burglarize my house and gave up on it, you have not
committed burglary and you actually failed to even commit trespass because you never
entered my property.
Reference: 1930 Revised Penal Code of the Philippines

n) When are light felonies punishable? Is there an exception to the rule? (Article 7, RPC)

- According to Article 7 of the Revised Penal Code of the Philippines, “light felonies are
punishable only when they have been consummated, with the exception of those
committed against person or property.” Examples of light felonies are slight physical
injuries; theft; alteration of boundary marks; malicious mischief; and intriguing against
honor.
Reference: 1930 Revised Penal Code of the Philippines
https://lawphilreviewer.wordpress.com/tag/criminal-law-book-1-articles-1-10/#:~:text=Examples%20of%20light%20felonies%3A%20slight,mischief%3B
%20and%20intriguing%20against%20honor.

o) What is conspiracy? (Article 8, RPC)

- According to Article 8 of the Revised Penal Code of the Philippines, “a conspiracy exists
when two or more persons come to an agreement concerning the commission of a felony
and decide to commit it.”
Reference: 1930 Revised Penal Code of the Philippines

p) What is proposal to commit a felony? (Article 8, RPC)

- According to Article 8 of the Revised Penal Code of the Philippines, “ There is proposal
when the person who has decided to commit a felony proposes its execution to some
other person or persons.”
Reference: 1930 Revised Penal Code of the Philippines
 q) Is conspiracy and proposal to commit a felony generally punishable? Explain with reason.
(Article 8, RPC)

- According to Article 8 of the Revised Penal Code of the Philippines, “conspiracy and
proposal to commit felony are punishable only in the cases in which the law specially
provides a penalty therefor.” Conspiracy to commit a felony is different from conspiracy as
a manner of incurring criminal liability. Conspiracy to commit a felony is not punishable
since it is merely a preparatory act.
Reference: 1930 Revised Penal Code of the Philippines

r) Distinguish Grave felonies, less grave felonies and light felonies. (Article 9, RPC)

- Grave felonies are those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive, in accordance with article 25 of this Code.
(afflictive penalties: 6 yrs. and 1 day to reclusion perpetua)

- 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.
(correctional penalties: 1 month and 1 day to 6 years)

- Light felonies are those infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos or both, is provided. (arresto menor: 1
day to 30 days)
Reference: 1930 Revised Penal Code of the Philippines

s) What is the relation of the Revised Penal Code (RPC) to future special penal laws which
may be enacted by lawful authorities? (Article 10, RPC)

- According to Article 10 of the Revised Penal Code of the Philippines,“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.”
Reference: 1930 Revised Penal Code of the Philippines

CRIMINAL LAW: (3)

- A system of law concerned with the punishment of those who commit crimes
- A body of laws that apply to criminal acts
- Branch or division of law which defines crimes, treats of their nature, and provides for their
punishment

THE SOURCES OF PROCEDURAL CRIMINAL LAW ARE: (6)

- The constitution
- The Revised Penal Code of 1930
- The New Rules of Court of 1964 Part III, IV
- Special Laws
- Certain presidential orders
- Letters of instruction
MAIN SOURCES OF THE PHILIPPINE LAW: (4)
- The constitution
- Statutes: acts of congress, municipal charters, municipal legislation, court rules, administrative
rules and orders, legislative rules and presidential issuances
- Treaties and conventions
- Judicial decisions

CHARACTERISTIC OF CRIMINAL LAW: (3)

1. General
- the law is binding to all persons who reside in the Philippines
2. Territorial
- the law is binding to all crimes committed within the National Territory of the Philippines
3. Prospective
- the law does not have any retroactive effect (ex post facto law)
- the law acts or omissions will only be subject to a penal law if they are committed after a
penal law had already taken effect

Question 1: What kind of felony is committed Answer: Indeterminate offense

when there is criminal intent?
Answer: Dolo Question 8: Defined as that cause, which, in
natural and continuous sequence, unbroken by
Question 2: A felony is _____ when all the acts an efficient intervening cause, produces the
necessary for its accomplishment and execution injury, and without which the result would not
are present. have occurred.
Answer: Consummated Answer: Proximate Cause

Question 3: Acts or omissions classified as Question 9: What kind of felony is committed

crimes will be scrutinized in accordance with the where the wrongful acts result from imprudence,
relevant penal laws if these are committed after negligence, lack of foresight or lack of skill.
the effectivity of those penal laws. Answer: Culpa
Answer: Prospectivity
Question 10: There is a/an _____ felony when
Question 4: The penal laws of the country have the offender commences the commission of a
force and effect only within its territory felony directly by overt acts, and does not
Answer: Territoriality perform all the acts of execution which should
produce the felony, by reason of some cause or
Question 5: It is an intervening active force accident other than his own spontaneous
which is a distinct act or fact absolutely foreign desistance.
from the felonious acts of the accused. Answer: Attempted
Answer: Efficient Intervening Cause
Question 11: Refers to the use of a particular
Question 6: Referred to as the gravamen of the means to effect the desired result. It is a mental
offense. state, the existence of which is demonstrated by
Answer: Mens rea the overt acts of a person.
Answer: Intent
Question 7: It is where the purpose of the
offender in performing an act is not certain. Its Question 12: It is _____ when all the acts of
nature and relation to its objective is ambiguous. execution which would produce the felony as a
result, but which nevertheless do not produce it Answer:
by reason of cause independent of the will of the Praeter intentionem >> Wrongful act is different
perpetrator. from what was intended
Answer: Frustrated Aberratio ictus >> Mistake in the blow
Error in personae >> Mistake in identity
Question 13: It is the moving power or force
which impels a person to a desired result. Question 17: The misapprehension of facts on
Answer: Motive the part of the person who caused injury to
another. The actor, however, is criminally liable,
Question 14: A _____ crime exists when two or because he did not act with criminal intent. It is
more crimes are committed but they constitute necessary that had the facts been true as the
only one crime in the eyes of the law. Here, accused believed them to be, the act it justified,
there is only one criminal intent, hence, only one Moreover, the offender must believe that he is
penalty is imposed. performing a lawful act.
Answer: Complex Answer: Mistake of fact

Question 15: The criminal law of the country Question 18: The following are requisites for a
governs all persons who live or sojourn within felony committed in dolo, except:
the country regardless of their races, belief, sex, Choices: Intent, Intelligence, Freedom of action,
or creed. Imprudence
Answer: Generality Answer: Imprudence

Question 16: Match the translation of the

phrase being asked for.

BASIC LATIN MAXIMS:

Nullum crimen nulla poena sine lege There is no crime if there is no law punishing it.

Actus non facit reum nisi mens sit rea A person is not criminal unless his intentions was so.

Ignorantia legis non excusat Ignorance of the law excuses no one for
compliance therewith.
In dubio, pro reo In doubt, rule for the accused.

El que es causa dela causa es causa del He who is the cause of the cause is the cause of
mal causado the evil cause.

Res ipsa loquitor The thing speaks for itself.

Mens rea Criminal intent

Actus me invito factus non est meus actus An act done by me against my will is not my act.

Ignorantia facti excusat Ignorance of the fact is an excuse.

Dura lex sed lex The law may be harsh, but it is the law.

Actus reus Guilt act/guilty mind