Criminal Law: Revised Penal Code – Book One

Felonies: Causes Affecting Criminal Liability

1. Overview of Felonies

Under the Revised Penal Code (RPC) of the Philippines, felonies are acts or omissions punishable by law. They are classified into intentional felonies (committed with malice) and culpable felonies (committed by fault or negligence). Understanding the causes that affect criminal liability is crucial in determining the degree of liability or exemption of an offender. These causes are explicitly provided for under the RPC and are interpreted through jurisprudence.

2. Causes Affecting Criminal Liability

A. Justifying Circumstances

Under Article 11 of the RPC, justifying circumstances absolve the offender from both criminal and civil liability because the act is deemed lawful.

Self-defense (Article 11, par. 1):
- Requisites:
  1. Unlawful aggression.
  2. Reasonable necessity of the means employed to prevent or repel the attack.
  3. Lack of sufficient provocation on the part of the person defending himself.
- Forms: Includes defense of self, relatives (Article 11, par. 2), or strangers (Article 11, par. 3).
Fulfillment of a duty or lawful exercise of a right or office (Article 11, par. 5):
- Example: A police officer using necessary force to subdue a resisting criminal.
Avoidance of greater evil or injury (Article 11, par. 4):
- Requisites:
  1. Evil sought to be avoided actually exists.
  2. No other practical or less harmful means to prevent it.
  3. The injury caused is less than the avoided injury.
Performance of a lawful act with due care (Article 11, par. 6):
- Example: Accidental killing during lawful sports or medical procedures performed in good faith.

B. Exempting Circumstances

Article 12 enumerates circumstances where there is no criminal liability because of the absence of any of the elements of voluntariness or intent.

Imbecility or insanity (Article 12, par. 1):
- A person incapable of understanding the nature and consequences of his actions.
- Exception: Temporary insanity due to intoxication, unless proven involuntary.
Minority (Article 12, par. 2):
- Those below 15 years are exempt, while those between 15 and below 18 years old are exempt unless they acted with discernment (RA 9344).
Accident without fault or intention (Article 12, par. 4):
- Example: Killing caused by falling debris due to an unforeseen earthquake.
Irresistible force (Article 12, par. 5):
- The offender was physically forced to commit the act.
Uncontrollable fear (Article 12, par. 6):
- A threat of imminent and grave harm compels the person to act.
Lawful or insuperable cause (Article 12, par. 7):
- Example: Non-compliance with an order due to lawful circumstances like detention.

C. Mitigating Circumstances

Article 13 specifies factors that reduce the penalty because they lessen the gravity of the offense.

Incomplete justifying or exempting circumstances:
- Example: Acting in self-defense but using excessive force.
Circumstances that diminish voluntariness:
- Lack of intent to commit so grave a wrong (praeter intentionem).
- Provocation or threat by the offended party.
- Sufficiently diminished intelligence due to illness or other causes.
Voluntary surrender:
- The offender willingly submits to authorities before arrest.
Act committed in the immediate vindication of a grave offense:
- Example: A parent immediately punishing a person who gravely insults their child.
Analogous circumstances:
- Example: Confession during the preliminary investigation.

D. Aggravating Circumstances

Article 14 lists factors that increase criminal liability, leading to the imposition of a higher penalty.

Qualifying Aggravating Circumstances:
- Modifies the nature of the offense, e.g., treachery (alevosia) qualifying homicide to murder.
Generic Aggravating Circumstances:
- Increases the penalty but does not change the crime’s nature.
- Example: Abuse of superior strength, nighttime to ensure success of the crime.
Inherent Aggravating Circumstances:
- An element of the crime itself, e.g., evident premeditation in robbery.

E. Alternative Circumstances

Article 15 provides that certain circumstances can either mitigate or aggravate liability, depending on the nature of the offense or how they were applied. Examples include:

Relationship:
- Killing a spouse may be aggravating due to betrayal of trust but mitigating if committed in the heat of passion.
Intoxication:
- Aggravating when habitual or intentional.
- Mitigating when accidental or unintentional.
Degree of education or instruction:
- Example: Illiteracy may mitigate liability.

F. Absolutory Causes

Not explicitly provided in Articles 11-15 but recognized in jurisprudence. These are instances where liability is extinguished due to public policy or other considerations. Examples include:

Spontaneous desistance in an attempted crime.
Relationships in certain crimes, e.g., theft, swindling, or malicious mischief when committed between spouses or relatives (Article 332).

3. Related Doctrines and Jurisprudence

Unlawful Aggression as Indispensable:
- People v. Oanis: Self-defense requires unlawful aggression as the primordial element.
Evident Premeditation:
- Requires proof of:
  1. A decision to commit the crime.
  2. An overt act to prepare for execution.
  3. Sufficient time to reflect before execution.
Proximate Cause Principle:
- The injury or harm must be the natural and probable consequence of the act.
Mistake of Fact Doctrine:
- Example: Killing in self-defense due to a mistaken belief of imminent attack.

4. Practical Application

Analyzing these causes is essential for determining criminal liability in any case. Lawyers must evaluate evidence against these standards to argue for acquittal, mitigation, or proper classification of the offense.