Lesson 2
Criminal Law (RPC)
In This Lesson
1. Elements of Crime
For a crime to exist, certain elements must be present. These are the fundamental components of any criminal act.
Three Essential Elements
Legal Element
There must be a law punishing the act or omission (Nullum crimen sine lege - No crime without law)
Material Element (Actus Reus)
There must be an act or omission - the physical act of committing the crime
Moral Element (Mens Rea)
There must be criminal intent or negligence - the guilty mind
Types of Intent
General Criminal Intent (Dolo)
Deliberate intention to do an unlawful act
Culpa (Negligence)
Lack of foresight or care; imprudence, negligence
2. Stages of Crime
Crimes can be classified according to the degree of their execution.
Attempted (Art. 6)
The offender begins the execution of the crime directly by overt acts, but does NOT complete all acts of execution due to some cause or accident other than his own spontaneous desistance.
Frustrated (Art. 6)
The offender performs ALL the acts of execution which would produce the felony, but the felony is NOT produced by reason of causes independent of the will of the perpetrator.
Consummated (Art. 6)
All the elements necessary for the execution and accomplishment of the felony are present.
Penalty Graduation
- Consummated: Full penalty prescribed by law
- Frustrated: Penalty one degree lower
- Attempted: Penalty two degrees lower
3. Justifying Circumstances (Art. 11)
These are circumstances which absolve the accused from criminal and civil liability. The act is lawful.
1. Self-Defense
Requirements:
- a) Unlawful aggression (indispensable element)
- b) Reasonable necessity of the means employed
- c) Lack of sufficient provocation on the part of the defender
2. Defense of Relatives
Same elements as self-defense, but defender may have given provocation.
Relatives covered: Spouse, ascendants, descendants, legitimate/natural brothers/sisters, relatives by affinity in same degrees
3. Defense of Strangers
Requirements:
- a) Unlawful aggression
- b) Reasonable necessity of means
- c) Defender is not induced by revenge, resentment, or evil motive
4. State of Necessity (Avoidance of Greater Evil)
Evil sought to be avoided actually exists; injury caused is less than evil avoided; no practical means to avoid it.
5. Fulfillment of Duty or Lawful Exercise of Right/Office
Acting in the performance of a duty or lawful exercise of a right or office.
6. Obedience to an Order
Order must be for a lawful purpose; means employed must also be lawful.
4. Exempting & Mitigating Circumstances
Exempting Circumstances (Art. 12)
No criminal liability but civil liability may exist.
- 1. Imbecility or Insanity - complete deprivation of reason
- 2. Minority - under 15 years old; 15-18 without discernment
- 3. Accident - without fault or intention
- 4. Irresistible Force - physical force
- 5. Uncontrollable Fear - of equal or greater injury
- 6. Lawful/Insuperable Cause - prevents action
Mitigating Circumstances (Art. 13)
Reduce the penalty but don't exempt from liability.
- 1. Incomplete justifying/exempting circumstances
- 2. Under 18 or over 70 years old
- 3. No intention to commit so grave a wrong
- 4. Sufficient provocation or threat
- 5. Immediate vindication of grave offense
- 6. Passion or obfuscation
- 7. Voluntary surrender or confession of guilt
- 8. Physical defect
- 9. Illness diminishing willpower
- 10. Analogous circumstances
5. Common Crimes
Crimes Against Persons
Murder (Art. 248)
Killing with qualifying circumstances (treachery, evident premeditation, etc.)
Penalty: Reclusion perpetua to death
Homicide (Art. 249)
Killing without qualifying circumstances
Penalty: Reclusion temporal
Parricide (Art. 246)
Killing of father, mother, child, spouse, or ascendant/descendant
Penalty: Reclusion perpetua to death
Physical Injuries (Art. 262-266)
Serious, less serious, slight physical injuries based on healing time
Crimes Against Property
Robbery (Art. 293-298)
Taking of personal property with violence, intimidation, or force
Theft (Art. 308)
Taking of personal property without violence or intimidation
Estafa/Swindling (Art. 315)
Defrauding another through abuse of confidence, deceit, or fraudulent means
Malicious Mischief (Art. 327)
Deliberately damaging another's property
NAPOLCOM Criminal Law Tips
- ✓Memorize self-defense elements - unlawful aggression is always indispensable.
- ✓Distinguish stages of crime - know attempted vs. frustrated vs. consummated.
- ✓Know qualifying circumstances - what makes homicide become murder.
- ✓Understand exempting vs. mitigating - effect on criminal liability.