ARTICLE 1.

TIME WHEN ACT TAKES EFFECT

The Revised Penal Code (RPC) was

approved on December 8, 1930. It took
effect on January 1, 1932.
 ARTICLE 2. APPLICATION OF ITS PROVISIONS

Art. 2 sets forth the instances in which the provisions of the

RPC are applicable although the felony is committed
outside the Philippine Territory.
Applicability of the RPC

1. Extra-territoriality — RPC is applicable even though

outside the Philippine territory.

2. Exterritoriality — a term of international law which

signifies the immunity of certain persons its laws.

3. Intraterritoriality — RPC is made applicable within the

Philippine Archipelago, including its atmosphere, its interior
waters and maritime zone, except as provided in the
treaties and laws of preferential application.
Extra-territoriality Principle

It means that the Philippines has jurisdiction over crimes

committed outside its territory as provided in Art. 2,
paragraphs 1 to 5 of the RPC, to wit:
1. Commission of an offense while on Philippine Ship
or airship

Requisites:

a. The crime must be committed on board a private or

merchant ship;
b. The ship or airship must be registered in the Philippines
under Philippine laws; and
c. The crime must be committed while the registered
Philippine ship is on international waters
Foreign Merchant Vessel

Just as our merchant ship is an extension of our territory,

foreign ship is considered an extension of the territory of the
country to which it belongs.
Rules on Jurisdiction Foreign Merchant Vessels

There are two rules as to jurisdiction over crimes committed

aboard merchant vessels while in the territorial waters of
another country, to wit:
1. French Rule - Such crimes are not triable in the courts of the
coastal state, unless their commission affects the peace and
security of the territory or the safety of the State is endangered.

2. English Rule - Such crimes are triable in the courts of the

coastal state, unless they merely affect things within the vessel,
or they refer to the internal management thereof.

• Note: The Philippines follows the English Rule (People v.

Wong Cheng, G.R. No. L-18924, October 19, 1922).
 Rules on Crimes Committed on Ships or Airships
1. In crimes committed on Philippine ships or airships, the
provisions of the RPC of the Philippines apply whether the said
ship or airship is found in Philippine waters or in the high seas as
long as the ship or airship is registered under the Philippine laws.

2. In crimes committed on private or merchant vessels found in

Philippine territorial waters, the English rule shall be applied.

3. In crimes committed on foreign warships, the nationality of the

warship or airship determines the applicable penal laws to the crimes
committed therein as such ships or airships are considered to be an
extension of the territory of the country to which they belong.
2. Forging or Counterfeiting any coin or currency note
of the Philippines or obligations and securities issued
by the Government.

• Basis: Protective principle which contemplates that the

State has jurisdiction over acts committed abroad by
nationals or foreigners which are prejudicial to its national
security or vital interest .
3. Introduction into the Philippines of the obligations
and securities mentioned in the preceding number.

Rationale: The introduction of forged or counterfeited

obligations and securities into the Philippines is as
dangerous as the forging or counterfeiting of the same, to
the economic interest of the country.
4. Public officers or employees who commit an offense
in the exercise of their functions
5. Commission of any of the crimes against national
security and the law of nations defined in Title One of
Book Two of the RPC
 ARTICLE 3. DEFINITON

Felonies

Acts and omissions punishable by the Revised Penal Code

Elements of Felonies (General):

1. There must be an act or omission, i.e. there must be

external acts.
2. The act or omission must be punishable by the RPC.
3. The act is performed or the omission is incurred by
means of dolo (malice) or culpa (fault).
 Classifications of Crimes

1. As to the means by which they are committed

a. Dolo or intentional felonies — those committed with

deliberate intent.
b. Culpa or culpable felonies — those committed by
means of fault.
c. Crimes penalized by special laws, municipal and city
ordinances
2. As to Stage of Execution:

a. Attempted
b. Frusrated
c. Consummated
 a. Formal felonies — those which are always consumated
because the offender cannot perform all the acts necessary for
their execution without consummating the offense.

b. Material Felonies — those which have various stage of

execution.

c. Crimes with no frustrated stage — examples are Rape,

Arson, Theft, and Robbery, Indirect Bribery, Corruption of Public
Officers, and Physical Injury.
3. As to gravity

a. Grave — those to which the law attaches the capital

punishment or penalties which in any of their periods are
afflictive, in accordance with Art. 25 of this Code.

b. Less grave — those to which the law punishes with penalties

which in their maximum period is correctional, in accordance with
the abovementioned article.

c. Light felonies — those infractions of law for which the penalty

of arresto menor or a fine not exceeding forty thousand
(P40,000) pesos or both is prescribed.
4. As to count

a. Composite
b. Compound
c. Complex
d. Continued
e. Continuing
5. As to nature

a. Mala in se
b. Mala prohibita
Intentional Felonies

The act or omission of the offender is malicious. The

offender has the intention to cause an injury to another.
 Requisites of Dolo or Malice

1. Freedom

• An act done with deliberation and with power to choose

between two things. When a person acts without freedom,
he is no longer a human being but a tool.
2. Intelligence

The ability to determine the morality of human acts, as well

as the capacity to distinguish between a licit and an illicit
act. Without this power necessary to determine the morality
of human acts, no crime can exist.
3. Criminal Intent

• Intent is the state of mind accompanying an act. It refers

to the purpose of the mind and the resolve with which a
person proceeds
Criminal intent is necessary because

1. Actus non facit reum nisi mens sit rea — A crime is not
committed if the mind of the person performing to act
complained be innocent.

2. Actus me invito factus non est meus actus — An act

done by me against my will is not my act.
Note: When the crime is punished by special law, as a rule,
intent to commit the crime is not necessary. It is sufficient
that the offender has the intent to perpetrate the act
prohibited by special law.
 GENERAL CRIMINAL INTENT SPECIFIC CRIMINAL INTENT

An intention to do wrong. An intention to commit a definite act.

Presumed to exist from the mere doing of a Existence of the intent is not presumed
wrongful act. because it is an ingredient or element of a
crime.

The burden of proving the absence of intent The burden of proving the existence of the
is upon the accused intent is upon the prosecution, as such,
intent is an element of the crime.
Motive

It is the moving power which impels one to action for a

definite result. Motive is not an essential element of a crime
and need not be proved for purposes of conviction
 INTENT MOTIVE

The purpose to use a particular means to The reason or movinig power which impels
effect such result. one to commit an act for a definite result.

An element of the crime, except in Not an element of the crime.

unintentional felonies.

Essential in intentional felonies. Essential only when the identity of the

perpetrator is in doubt.
 CULPABLE FELONIES

The act or omission is not malicious. The injury caused by

the offender to another person is unintentional, it being
simply the incident of another act performed without malice
 REQUISITES OF CULPA

1. Freedom
2. IntIlligence
3. Negligence, imprudence, lack of foresight, or lack of skill
Negligence

Indicates a deficiency of perception; failure to pay proper

attention and to use diligence in foreseeing the injury or
damage impending to be caused; usually involves lack of
foresight
Imprudence

Indicates a deficiency of action; failure in precaution or

failure to take the necessary precaution once the danger or
peril becomes foreseen (Caminos v. People, G.R. No.
147437, May 8, 2009); usually involves lack of skill.
 INTENTIONAL FELONIES CULPABALE FELONIES

Act is malicious Wrongful act results from imprudence,

negligence, lack of foreight or lack of skill.

There is deliberate intention to cause an injury. Injury caused is unintentional being

incident of another act performed without malice.
Mistake of fact

It is a misapprehension of fact, which, if true, would justify

the act or omission committed (Yapyuco v. Sandiganbayan,
G.R. Nos. 120744-46, June 25, 2012). Such person is not
criminally liable as he acted without criminal intent
(Ignorantia facti excusat).
Requisites of mistake of fact as a defense:

a. Mistake be honest and reasonable;

b. It be a Matter of fact; and
c. It Negates the culpability required to commit the crime or
the existence of the mental state which the statute
prescribes with respect to an element of the offense
Defense of Mistake of Fact Not Applicable

a. When there is mistake in identity (error in personae); that

the accused made a mistake in killing one man instead of
another cannot relieve him from criminal responsibility, he
having acted maliciously and willfully.

b. If the offender is negligent in ascertaining the true state of

facts, he may be free from dolo but not from culpa.

c. When the accused committed a culpable felony (the

essence of honest mistake of fact is lack of intent on the
Mala In Se

Crimes mala in se are those crimes which are so serious in

their effects on society as to call for almost unanimous
condemnation of its members itself
Mala Prohibita

It is punishable because the prohibited act is so injurious to

the public welfare that it is the crime itself
 MALA IN SE MALA PROHIBITA

The moral state of the The voluntariness of

offender. the offender.

Wrong from its very nature. Wrong because it is prohibited by law.

Good faith is a valid defense. Good faith is not a defense

Intent is an element. Criminal intent is immaterial.

The degree of accomplishment of the crime is The act gives rise to a crime only when it is
taken into account in punishing the offender. consummated.
Rules on mitigating and aggravating Rules on mitigating and aggravating
circumstances apply. circumstances do not apply, unless provided for
by the special law itself.

When there is more than one offender, the degree Degree of participation is generally not taken into
of participation of each in the commission of the account. All who participated in the act are
crime is taken into account. punished to the same extent.

Penalty is computed on the basis of whether the The penalty imposed on the offendersare the
offender is a principal,accomplice, or accessory. same whether they are merely accomplices or
accessories

Violation of the RPC Violation of special laws

There are 3 stages of execution No stages of execution

There are three persons criminally liable: principal, Generally, only the principal is liable.
accomplice, and accessory.
s

Penalties may be divided into degrees and periods. There is no such division of penalties.

Modifying circumstances are taken into account in Not considered because the law intends to
imposing the penalty because the offender's moral discourage the commission of the act especially
trait is the basis of the crime. prohibited.
Hence, greater perversity deserves a higher penalty,
while lesser depravity deserves mitigation.

Crimes mala in se generally involve moral turpitude. Generally, not involved in crimes mala prohibita.
1. Complex Crimes under Art. 48

A. Compound Crimes

Compound Crime or "delito compuesto" exists when a

single act constitutes two or more grave or less grave
felonies
Requisites of Compound Crime:

There is a compound crime when:

1. Only a single act is performed by the offender; and
2. The single act produces:
a. Two (2) or more grave felonies;
b. One (1) or more grave and one (1) or more less grave
felonies; or
c. Two (2) or more less grave felonies
B. Complex Crime Proper

Complex Crime Proper or "delito complejo" exists when the

offense committed is a necessary means for committing
another offense.
There is a complex crime when:

1. At least two (2) offenses are committed;

2. One or some of the offenses committed are
necessary to commit the other/s; and
3. Both or all o the offenses must be punishable
under RPC
2. Composite or Special Complex Crimes

It is composed of two or more crimes but is treated by law

as a single indivisible and unique offense for being the
product of one criminal impulse. It is a specific crime with a
specific penalty provided by law, and is to be distinguished
from a compound or complex crime under Art. 48 of the
RPC
The characteristics of special complex crimes are:

a. It offends against only one provision of law, whether of

the RPC or of special penal laws;
b. It penalizes two specific crimes and imposes one specific
penalty;
c. It absorbs all other crimes committed in the course of the
commission of the crimes.
 COMPLEX CRIMES SPECIAL COMPLEX CRIMES

The combination is not specified but it is expressed The combination of the offenses is fixed by law.
in general terms, that is, grave and/or less grave; or
one offense being the necessary means to commit
the other
The penalty is for the most serious offense in the The penalty for the specified combination of crimes
maximum period. is specified.

If there is more than one count of the component There is just one composite crime,to be charged
crime forming part of the complex crime, the first even if there is more than one count of the
shall be complexed while the other counts may be component crime.
treated as separate crime
If a light felony accompanies the commission of the If a light elony accompanied the commission of the
complex crime, the light felony may be subject to composite offense, such light felony is absorbed
separate information.

Penalized by two provisions of law in relation to Art. Penalized in a single provision.

48.
3. Continued or Continuous Crimes

Continuous or delito continuado are those where two or

more violations of the same penal provisions are united in
one and the same intent or resolution leading to the
perpetration of the same criminal purpose or aim
• Requisites:

1. Plurality of acts performed during a period of time.

2. Unity of penal provision violated.
3. Unity of Criminal intent or purpose.
4. Continuing Crimes

A continuing crime envisages a single crime committed

through a series of acts arising from one criminal intent or
resolution
 ARTICLE 4
CRIMINAL LIABILITY

Par. 1: Criminal liability shall be incurred by any person

committing a felony (delito) although the wrongful act
done be different from that which he intended.
Requisites for Applying Art. 4(1):

1. The accused must be committing an intentional felony

2. The felony committed by the accused should be the
proximate cause of the resulting injury
Proximate Cause

It is that cause, which, in the natural and continuous

sequence, unbroken by any efficient intervening cause,
produces the injury, and without which the result would not
have occurred
Efficient Intervening Cause

To be considered efficient, must be one not produced by a

wrongful act or omission, but independent of it, and
adequate to bring the injurious results.
Causes which Produce a Result Different from That
Intended by the Offender

The person is stil criminally liable although the wrongful act

done be different from that which he intended:
1. Error in Personae — mistake in the identity of the victim.
A person is criminally responsible for committing an
intentional felony although the actual victim is different from
the intended victim due'ternistake of identity
2. Aberratio lctus — mistake of blow. A person is criminally
responsible for the acts committed in violation of law and for
all the natural and logical consequences therefrom although
the actual victim is different from the intended victim
3. Praeter Intentionem — committed when an injury
resulting from an act is greater than the injury intended to
be caused by the offender.
Par. 2 - Criminal liability shall be incurred 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.
Impossible Crime

An impossible crime is one where the acts performed would

have been a crime against persons or property but which is
not accomplished because of its inherent impossibility or
because of the employment of inadequate or ineffectual
means.
a. Legal Impossibility - where the intended acts, even if
completed would not amount to a crime.

b. Physical or Factual Impossibility - where extraneous

circumstances unknown to the actor or beyond his control
prevent the consummation of the intended crime.
 ARTICLE 5
DUTY OF THE COURT

Par. 1. Acts which should be repressed but which are

not covered by law.
Requisites:

1. The act committed by the accused appear not punishable

by any law;
2. But the court deems it proper to repress such act;
3. In that case, the court must render the proper decision by
dismissing the case and acquitting the accused; and
4. The judge must then make a report to the Chief
Executive, through the Secretary of Justice, stating the
reasons which induce him to believe that the said act
should be made the subject of penal legislation
Par. 2. Excessive Penalties
Requisites:
1. The court after trial finds the accused guilty;
2. The penalty provided by law and which the court imposes for
the crime committed appears to be clearly excessive because:
a. The accused acted with lesser degree of malice
b. There is no injury, or the injury caused is of lesser
gravity;
3. The court should not suspend the execution of the sentence;
and
4. The judge should submit a statement to the Chief Executive,
through the Secretary of Justice, recommending executive
clemency
Executive Clemency — power of the President to pardon a
person convicted of a criminal offense, or to commute the
related sentence, or reduce it to a lesser sentence
 ARTICLE 6
CONSUMMATED, FRUSTRATED &
ATTEMPTED FELONIES
Two Phases of Felony:

1. Subjective Phase - It is that portion of the acts

constituting the crime, including the act which begins the
commission of the crime and the last act performed by the
offender which results in the consummated crime.

2. Objective Phase - it is the phase when the offender has

performed all the acts necessary to accomplish the crime
and may either be frustrated when the crime does not result
notwithstanding or, consummated when the crime is
produced
• The stages of execution do not apply to the following:
• 1. Offenses punished by special laws;
• 2. Formal crimes - consummated by a single act
• 3. Impossible crimes - as the crimes cannot even be
consummated;
• 4. Crimes consummated by mere attempt
• 5. Felonies by omission
• Factors in Determining Stage of Execution
• 1. Manner of committing the felony;
• 2. Elements constituting the felony; and
• 3. Nature of the offense
• Attempted Felony
• There is an attempt when the offender commences the
commission 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 cause or accident
other than his own spontaneous desistance
Elements:
1. The offender commences the commission of the felony
directly by overt acts;
2. He does not perform all the acts of execution which
should produce the felony;
3. Offender’s act is not stopped by his own spontaneous
desistance;
4. The non-performance of all acts of execution was due to
a cause or accident other than the offender's own
spontaneous desistance
• Desistance
• It is the act of discontinuing the execution of the felony
which will negative criminal liability of the offender when
done during the attempted stage. It is an absolutory
cause which negates, criminal liability because the law
encourages desistance from committing a crime
• Frustrated Felony

A felony 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
• Elements:
1. The offender performs all the acts of execution;
2. All the acts performed would produce the felony as, a
consequence;
3. But the felony is not produced; and
4. By reason of causes independent of the will of the
perpetrator
CRIMES WITH NO FRUSTRATED STAGE
• 1. Rape
• 2. Adultery
• 3. Direct Bribery
• 4. Indirect Bribery
• 5. Corruption of Public Officers
• 6. Physical Injury
• 7. Theft
Consummated Felony

A felony is consummated when all the elements

necessary for its execution and accomplishment are
present
 ARTICLE 7
LIGHT FELONIES

These are infractions of law for which the penalty of arresto

menor or a fine not exceeding forty thousand P40,000.00,
or both is prescribed
Gen. Rule: Punishable only when they are consummated.

Exception: If committed against persons or property,

punishable even if attempted or frustrated
• Light Felonies under the RPC:
1. Slight physical injuries (Art. 266);
2. Theft (Art. 309, Pars. (7) and (8), as amended by R.A. No.
10951), when the value of thing stolen does not exceed five
hundred pesos (P500) and theft is committed under the
circumstances enumerated under Art. 308, Par. 3;
3. Alteration of boundary marks (Art. 313);
4. Malicious mischief (Art. 328, Par. (3), Art. 329, Par. (3), as
amended by R.A. No. 10951), when the value of the damage does
not exceed forty thousand pesos (P40,000) or cannot be estimated;
and
5. Intriguing against honor
Note: Under Art. 16, only the principal and the accomplices
are liable. Accessories are not punishable because light
felony is penalized with arresto menor