Criminal Liability

Criminal Liability | Felonies | REVISED PENAL CODE – BOOK ONE

Criminal Liability under the Revised Penal Code (Book One)

The concept of criminal liability is fundamental in understanding the imposition of penalties under the Revised Penal Code (RPC) of the Philippines. Below is a meticulous breakdown of the topic under Book One of the RPC, specifically under the heading of Felonies and Criminal Liability.


I. General Principles of Criminal Liability

A. Basis of Criminal Liability

Criminal liability arises when a person commits a crime as defined by law. Article 4 of the RPC provides that criminal liability attaches:

  1. When a felony is committed even if the wrongful act is different from that which was intended (praeter intentionem); or
  2. When a felony results from an intentional act or omission.

B. Elements of Criminal Liability

For criminal liability to exist, the following essential elements must be present:

  1. Act or Omission (Actus Reus):
    • There must be an external act or omission, punishable by law. A mere thought or intention to commit a crime does not create liability.
  2. Criminal Intent (Mens Rea):
    • For intentional felonies, the act must be accompanied by deliberate intent.
    • For culpable felonies, the act must involve negligence, imprudence, or lack of foresight.
  3. Harmful Result:
    • A punishable consequence must flow from the act or omission.

II. Definition and Classification of Felonies

A. Definition (Article 3)

A felony is defined as an act or omission punishable by the RPC. It can either be:

  1. Intentional Felony – Committed with malice or deliberate intent.
  2. Culpable Felony – Committed through fault, negligence, or imprudence.

B. Elements of Felonies

  1. There must be an act or omission.
  2. The act or omission must be punishable by law.
  3. The act or omission must be performed with criminal intent (except for culpable felonies or those punishable under special laws that do not require intent).

C. Classification of Felonies

  1. According to Manner of Commission:

    • Intentional Felonies: Done with malice or intent (e.g., murder, theft).
    • Culpable Felonies: Done through negligence or imprudence (e.g., reckless imprudence resulting in homicide).
  2. According to Stage of Execution:

    • Consummated Felony: All elements of the crime are present.
    • Frustrated Felony: The offender performs all acts of execution but the felony is not produced due to independent causes.
    • Attempted Felony: The offender begins the commission of a crime but does not perform all acts of execution due to independent causes.
  3. According to Gravity:

    • Grave Felonies: Punished by capital punishment or penalties exceeding prision correccional (e.g., reclusion perpetua).
    • Less Grave Felonies: Punished by penalties within prision correccional.
    • Light Felonies: Punished by penalties of arresto menor or fines.

III. Stages of Criminal Liability

A. Development of a Crime

  1. Internal Acts:
    • Mere thoughts or intentions to commit a crime are not punishable.
  2. Preparatory Acts:
    • Generally not punishable unless specifically declared so (e.g., proposal or conspiracy in certain crimes).
  3. Acts of Execution:
    • Constitute the punishable stages of criminal liability: attempted, frustrated, or consummated.

B. Punishment by Stage

  1. Attempted stage – Generally, the penalty is two degrees lower than that for the consummated crime.
  2. Frustrated stage – The penalty is one degree lower than the consummated crime.

IV. Factors Affecting Criminal Liability

A. Modifying Circumstances (Articles 13-15)

  1. Justifying Circumstances (Article 11) – No criminal liability exists as the act is lawful, e.g.:

    • Self-defense.
    • Defense of relatives.
    • Defense of a stranger.
    • State of necessity.
    • Performance of a lawful duty.
  2. Exempting Circumstances (Article 12) – Act is unlawful, but no criminal liability due to the absence of intent or capacity, e.g.:

    • Insanity.
    • Minority (under 15 years old, or 15 to 18 without discernment).
    • Mistake of fact without negligence.
  3. Mitigating Circumstances (Article 13) – Reduces the penalty, e.g.:

    • Voluntary surrender.
    • Sufficient provocation.
    • Lack of intent to commit so grave a wrong.
  4. Aggravating Circumstances (Article 14) – Increases the penalty, e.g.:

    • Treachery.
    • Evident premeditation.
    • Use of superior strength.
  5. Alternative Circumstances (Article 15) – May mitigate or aggravate depending on the context, e.g.:

    • Relationship.
    • Intoxication.
    • Degree of instruction or education.

V. Persons Criminally Liable (Article 16)

  1. Principals:

    • By direct participation.
    • By inducement.
    • By indispensable cooperation.
  2. Accomplices:

    • Those who cooperate in the execution of the crime without being indispensable.
  3. Accessories:

    • Those who assist the principals after the crime is committed (e.g., harboring criminals).

VI. Crimes Without Criminal Liability

Certain acts, though appearing unlawful, do not result in criminal liability:

  1. Impossible Crimes (Article 4, Paragraph 2):

    • An act where the commission of the crime is inherently impossible due to the nature of the act or the means employed.
    • Punished as a light felony.
  2. Absence of Intent or Negligence:

    • Acts done without malicious or negligent intent are not punishable.

VII. Effects of Criminal Liability

A. Civil Liability (Articles 100-113)

  • Every person criminally liable is also civilly liable unless expressly exempted by law (e.g., no damage or injury caused).
  • Includes restitution, reparation of damage, and indemnification for consequential damages.

B. Penalty

  • Criminal liability results in the imposition of penalties prescribed under the RPC, following the rules on mitigating, aggravating, or alternative circumstances.

C. Subsidiary Liability

  • If the offender has no property to satisfy civil liability, employers, parents, or other parties may assume civil obligations under specific circumstances.

VIII. Extinction of Criminal Liability (Articles 89-94)

Criminal liability is extinguished by:

  1. Death of the offender (except for civil liability).
  2. Service of sentence.
  3. Amnesty.
  4. Absolute pardon.
  5. Prescription of the crime or penalty.

This comprehensive summary encapsulates the core principles, elements, and nuances of criminal liability under Book One of the Revised Penal Code. Each provision must be understood within the broader context of criminal law and the jurisprudence interpreting these statutes.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.