CRIMINAL LAW: REVISED PENAL CODE – BOOK ONE
The Revised Penal Code (RPC) of the Philippines, enacted under Act No. 3815 in 1930, is the foundation of Philippine criminal law. Book One of the RPC lays down general provisions, defining the fundamental principles of criminal law, the general rules for the application of penalties, and other key concepts.
I. FUNDAMENTAL PRINCIPLES
A. Characteristics of the RPC
- General Application: Applies to all crimes committed within the Philippine territory unless specifically exempted by law.
- Prospective Application: Penal laws cannot have retroactive effect unless they favor the accused (Article 22).
- Territoriality: Governs crimes committed within Philippine territory, including land, water, and air space, subject to exceptions like extraterritorial offenses.
- Leniency in Doubt: Penal statutes are construed liberally in favor of the accused.
B. Sources of Philippine Criminal Law
- Revised Penal Code
- Special Laws
- Judicial Decisions: Supreme Court rulings interpreting the RPC.
II. CRIMINAL LIABILITY
A. Elements of a Felony (Article 3)
A felony is committed by an act or omission punishable by law, requiring:
- Freedom: Voluntary performance of the act.
- Intelligence: Understanding the nature of the act.
- Criminal Intent or Negligence: Deliberate intent to commit the act or failure to act with due diligence.
B. Classes of Felonies
- Intentional Felonies: Act is committed with malicious intent (dolo).
- Culpable Felonies: Result from reckless imprudence or negligence (culpa).
III. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
A. Justifying Circumstances (Article 11)
No criminal liability arises if the accused acts under the following:
- Self-defense
- Defense of relatives
- Defense of strangers
- State of necessity
- Fulfillment of duty
- Obedience to lawful orders
B. Exempting Circumstances (Article 12)
The accused is exempt from liability under these conditions:
- Imbecility or insanity
- Minority (below 15 years old or acting without discernment for those above 15 but below 18)
- Accident without fault
- Compulsion by irresistible force
- Uncontrollable fear
- Insuperable or lawful cause
C. Mitigating Circumstances (Article 13)
These reduce the penalty:
- Incomplete justifying/exempting circumstances
- Minority (above 15 but below 18, acting with discernment)
- No intention to commit so grave a wrong
- Sufficient provocation
- Voluntary surrender
- Physical defect
- Analogous circumstances
D. Aggravating Circumstances (Article 14)
These increase the penalty:
- Evident premeditation
- Use of superior strength
- Treachery
- Disregard of respect due to age, sex, or status
- Nighttime or uninhabited place
- Recidivism
- Reiteracion (habitual delinquency)
E. Alternative Circumstances (Article 15)
These may mitigate or aggravate:
- Relationship
- Intoxication
- Degree of instruction or education
IV. PENALTIES
A. Classification of Penalties (Article 25)
- Capital Punishment: Death penalty (now prohibited under R.A. No. 9346).
- Afflictive Penalties: Reclusion perpetua, reclusion temporal, and prision mayor.
- Correctional Penalties: Prision correccional, arresto mayor.
- Light Penalties: Arresto menor, public censure.
B. Subsidiary Penalty (Article 39)
Nonpayment of fines may result in subsidiary imprisonment.
V. APPLICATION OF PENALTIES
A. Rules on the Application of Penalties
- Divisible Penalties: Penalties divisible into periods (minimum, medium, maximum) under Article 76.
- Indivisible Penalties: Cannot be divided into periods (e.g., reclusion perpetua).
B. Complex Crimes (Article 48)
When a single act results in two or more crimes or when one offense is necessary for committing another, only the penalty for the most serious crime shall be imposed.
VI. CIVIL LIABILITY
Under Article 100, every crime entails civil liability. This includes:
- Restitution
- Reparation
- Indemnification
VII. EXTINCTION OF CRIMINAL LIABILITY
A. Modes of Extinction (Article 89)
- Death of the convict
- Service of the sentence
- Amnesty
- Prescription of the crime
- Prescription of the penalty
- Pardon or commutation
VIII. SPECIAL PROVISIONS
A. Persons Criminally Liable (Article 16)
- Principals: Direct participants or those who induce or cooperate.
- Accomplices: Assist without indispensable cooperation.
- Accessories: Assist after the crime without direct participation.
B. Stages of Commission (Article 6)
- Consummated: All elements of the crime are present.
- Frustrated: Crime is attempted but not completed due to external factors.
- Attempted: Execution begins but is not completed.
This detailed understanding of Book One of the RPC serves as the cornerstone for legal professionals dealing with criminal law in the Philippines.