REVISED PENAL CODE BOOK 1 BY LUIS REYES

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Start by marking “The Revised Penal Code: Criminal Law Book One” as . This is probably one of the most exhaustive books that you will read in law school. by Justice Luis Reyes. Several important penal legislation have beenpassed in the last few years which have a significant impact on crimes punishable under. The Revised Penal Code Criminal Law Book One Luis B Reyes. non-exemptible crimes revised october 25, 1) penal. Hall 14 3 Answer.


Revised Penal Code Book 1 By Luis Reyes

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Reyes-RPC-Bookpdf - Ebook download as PDF File .pdf), Text File .txt) or read book online. The Revised Penal Code consists of two books, namely: Book. reyes - Free ebook download as PDF File .pdf), Text File .txt) or read book online for free. Luis B. Reyes Any copy of this book not bearingr tlie signalure of the author on this page shall be deemed as having 1. When did the Revised Penal Code take effect? The Revised Penal Code took effect on the of Ja. The Revised Penal Code: Articles Front Cover. Philippines, Luis B. Reyes. Published & distributed by Rex Book Store, - Criminal law · 0 Reviews.

Sovereigns and other chiefs of state. It is a w e l l - e s t a b l i s h ed principle of i nte r nati ona l law tha t diplomatic representatives , such as ambassadors or public ministers and t h e i r official r e t i n u e, p o s s e s s i m m u n i t y from th e criminal jurisdiction of the country of their sojourn and cannot be sued, arrested or punished by the l aw of tha t country. II Hyde, International Law, 2nd A consul is not entitled to the privileges and immunities of an ambassador or minister.

It is well-settled that a consul is not entitled to the privileges and i m m u n i t i e s of an am bassador or minister, but is subject to the laws and regulations of the country to which he is accredited. Moran, 63 Phil. Consuls, vice-consuls and other commercial representatives of foreign nations do not possess the status of, and cannot claim the privileges and immunities accorded to ambassadors and ministers. Wheaton, International Law, Sec. The principle of territoriality means that as a rule, penal laws of the Philippines are enforceable only within its territory.

Extent of Philippine territory for purposes of criminal law. Article 2 of the Revised Penal Code provides that the provisions of said code shall be enforced within th e Philippine Archipelago, including its atmosphere, its interior waters and maritime zone.

Article I of the Constitution provides that the national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines h a s sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, th e insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Exceptions to the territorial application of criminal law. The same Article 2 of the Revised Penal Code provides that its provisions shall be enforced outside of th e jurisdiction of the Philippines against those who: Should commit an offense while on a Philippine ship or airship; 2.

Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Government of the Philippines; Should be liable for acts connected wi th the introduction into t h e P h i l i p p i n e s of t h e obl i gati ons and s e c ur i ti e s mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in th e exercise of their functions; or Should commit any of th e crimes agains t national security and the law of nations, defined in Title One of Book Two of the Revised Penal Code.

As provided in Article of the Revised Penal Code, crimes are punished under the laws in force at the time of their commission. Exceptions to the prospective application of criminal laws.

Whenever a new statute dealing with crime establishes con- ditions more lenient or favorable to the accused, it can be given a retroactive effect. But this exception h a s no application:. Where th e n e w l aw is expressly made inapplicable to pend- ing actions or existing causes of action. Tavera vs. Valdez, 1 Phil. Different effects of repeal of penal law. If th e repeal m a k e s t h e penalty lighter in the n e w law, the n ew l aw shall be applied, except w h e n the offender is a habitual delinquen t or w h e n th e n ew law is made not applicable to p e n d i n g action or e xi s ti n g c aus e s of action.

If the new law imposes a heavier penalty, the law in force at t h e t i m e of t h e c o m m i s s i on of t he offense shall be applied. If th e n ew law totally repeals the existing law so that the act whic h w a s penalized under the old law is no longer punishable, the crime is obliterated.

The accused was prosecuted for and convicted of a violation of an ordinance. While the case was pending appeal, the ordinance was repealed by eliminating the section under which the accused was being prosecuted. The repeal is absolute.

Where the repeal is absolute, and not a or repeal by implication, the ceases to be criminal. The accused must be acquitted. But repeal of a penal law by its reenactment, even without a saving clause, would not destroy criminal liability. Cuna, 12 Phil. When the new law and the old law penalize the same offense, the offender can be tried under the old law. Cuna 12 Phil.

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The accused was charged with selling opium in violation of Act No. During the pendency of the case, Act No. Where an Act of the Legislature which penalizes an of- fense repeals a former Act which penalized the same offense, such repeal does not have the effect of thereafter depriving the courts of jurisdiction to try, convict, and sentence offenders charged with violations of the old law prior to its repeal.

The penalty prescribed by Act No. When the repealing law fails to penalize the offense under the old law, the accused cannot be convicted under the new law. Sindiong and Pastor 77 Phil. The accused was prosecuted for neglecting to make a return of the sales of newspapers and magazines within the time prescribed by certain sections of the Revised Administrative Code. Said sections of the Revised Administrative Code were repealed by the National Internal Revenue Code which does not require the making of return of sales of newspapers and magazines.

The court loses jurisdiction where the repealing law.

REVISED PENAL CODE VOL. I

The accused, charged with violations of the old law prior to the repeal, cannot be legally prosecuted after such repeal. The provisions of said sections of the Revised Administrative Code were not reenacted, even substantially, in the National Internal Revenue Code. A person erroneously accused and convicted under a repealed statute may be punished under the repealing statute. The accused w a s charged with havin g failed to pay th e salary of Cabasares whom he employed as maste r fisherman in his motor launch from Ju ne 26 to October 12, He w as convicted under Com.

The subject-matter of Com. It w a s held that the fact that the offender w a s erroneousl y accused and convicted under a statute which had already been repealed and therefore no longer existed at the time the act complained of w a s committed does not prevent conviction unde r the repealing statute which punishe s the same act, provided the accused had an opportunity to defend himself against the charge brought agains t him.

Baesa, C. A new law which omits anything contained in the old law dealing on the same subject, operates as a repeal of anything not so included in the amendatory act. Th e Code i n s t i t u t ed th e leasehol d s ys t em and abolished share t e n a n cy subject to certai n conditions indicated in Section 4 thereof. It is significant that Section 39 is not reproduced in th e Agricultural Land Reform Code whose Section repeal s "all l aw s or part of any law inconsisten t with" its provisions.

Under the leasehold s ys te m, th e prohibition agai ns t pre-threshing ha s no more etre becaus e th e l e s s e e is obligate d to pay a fixed rental as prescribe d in Section 34 of the Agricultural Land Reform Code, or th e Code of Agrarian Reforms, as redesignate d in R. Thus, the legal maxim, cessante ratione cessat ipsa lex the reason for the law ceasing, th e law itself also ceases , applies to this case.

Almuete, 69 SCRA Self-repealing law. The anomalous act attributed to Pedro de Reyes as described in the information is undoubtedly a violation of Republic Act No. It was punishable under Section 18 of said Act with fine or imprisonment, or both, and with forfeiture of the goods or commodities imported in violation thereof. And, as correctly stated by the Undersecretary of Justice in his Opinion No. The falsification or misrepresentation allegedly committed on the import license could no longer be a basis for the penalty of forfeiture at the time of the release of goods.

Where an act expires by its own limitation, the effect is the same as though it had been repealed at the time of its expiration; and it is a recognized rule in this jurisdiction that the repeal of a law carries wi th it the deprivation of the courts of jurisdiction to try, convict and se nte nce persons charged wi t h violation of the old law prior to the repeal.

Jacinto, C. Construction of penal laws. Penal law s are strictly construed against the Government and liberally in favor of the accused. Abad Santos, 36 Phil. Yu Hai, 99 Phil.

Where the law is clear and unambiguous, there is no room for the applica- tion of the rule. Gatchalian, Phil. In the construction or interpretation of the provisions of the Revised Penal Code, the Spanish text is controlling,. Manaba, 58 Phil.

Garcia 94 Phil. Accused Garcia was prosecuted for having sold tickets for "Have" races of the Philippine Charity Sweepstakes, in violation of Act , as amended by Commonwealth Act No. The tickets sold by the accused were different from, and not, the tickets issued by said corporation.

The law relied upon does not include tickets for Sweepstakes races. The accused must be acquitted, the act imputed to him not being punished by Act , as amended. No person should be brought w i t h i n t h e t e r m s of criminal s t a t u t e s w h o is not clearl y w i t h i n t h e m , nor shoul d any act be pronounced criminal which is not clearly made so by the statute.

Mangulabnan 99 Phil. During the robbery in a dwelling house, one of the culprits fired his gun upward in the ceiling, not knowing that there was a person in the ceiling of the house. The owner of the house who was up in the ceiling was hit by the slug that passed through it and was killed. In view of the Spanish text which must prevail, the crime committed is robbery with homicide, even if the homicide supervened by mere accident.

While the English text of Art. Other cases of incorrect translation of the Spanish text into the English text. Abilong, 82 Phil. Yabut, 58 Phil. Mesias, 65 Phil. History of the Revised Penal Code. The Committee did not undertake the codification of all penal laws in the What the Committee did was merely to revise the old Penal Code and to include in the draft the other penal laws related to it.

The Revised Penal Code does not embody the latest progress of criminal science, as the results of the application of advanced and radical theories "still remain to be The old Penal Code, which w a s revised by the Committee, took effect in the Philippines on Jul y 14, , and w as in force up to December 31, In the case of U.

It took effect on January 1, Felonies and misdemeanors, committed prior to January 1, , were punished in accordance with the Code or Acts in force at the time of their commission, as directed by Art. The Revised Penal Code consists of two books. The Revised Penal Code consists of two books, namely: Book One, and 2 Book Two. Book One consists of two parts: In Book Two are defi ned fe l oni e s w i t h t h e corresponding penalties, classified and grouped under fourteen different titles Arts.

Date of Effectiveness. Time when Act takes effect. The Revised Penal Code is based mainly on principles of the classical school. This Revised Pena l Code continues , like the old Penal Code, to be based on th e principles of t h e old or classical school, although some provisions of e m i ne nt ly positivistic tendencies those h avi n g reference to th e p u n i s h m e n t of impossible crimes, juvenil e delinquency, etc.

Two theories in Criminal Law. There are two important theories in criminal law: Characteristics of classical theory. The basis of criminal liability is h u m an free will and the purpose of the penalty is retribution.

It has endeavored to establish a mechanical and direct proportion between crime and penalty. There is a scant regard to the h u m an element. Basic Principles, Rationale, p. Characteristics of the positivist theory. That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his volition.

That crime is essentially a social and natural phenomenon, and as such, it cannot be treate d and checked by the application of abstract principles of law and jurisprudence nor by the imposition of a punishment, fixed and determined a but rather through the enforcement of individual measures in each particular case after a thorough, personal and individual investigation conducted by a competent body of psychiatrists and social scientists.

Basic Principles, Rationale, pp. Application of its provisions. E x c e p t as p r o v i d e d in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the P h i l i p p i ne Archi pel ago, i n c l u d i n g its a t m o s p h e r e , its interior wate r s a n d m ar itime zone , b ut also ou t s id e of its jurisdiction, against those who:.

Should c o m m i t an offense w h i le on a Philippine ship or airship; 2. Should forge or counterfeit an y coin or currenc y note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3.

Should c om m i t an y of the crimes against national se c ur ity a n d t h e l a w of nations, defined in Title One of Book Tw o of this Code. Scope of the application of the provisions of the Revised Penal Code.

The provisions of the Revised Penal Code shall be enforced not only within the Philippine Archipelago, but also outside of its juris- diction in certain. The five paragraphs of Art.

In what cases are the provisions of the Revised Penal Code applicable even if the felony is committed outside of the Philippines? They are applicable in the following cases:.

W he n the offender should commit an offense while on a Philippine ship or airship. The Philippine vessel, although beyond three miles from the seashore, is considered part of the national territory. Th u s , any person who commi tte d a crime on board a Philippine ship or airship whi le the s a m e is outside of the Philippine territory can be tried before our civil courts for violation of the Penal Code. Bu t whe n the Philippine vessel or aircraft is in the territory of a foreign country, the crime committed on said vessel or aircraft is subject to the laws of that foreign country.

A Philippine vessel or aircraft must be understood as that which is registered in the Philippine Bureau of Customs. It is the registration of the vessel or aircraft in accordance with the laws of the Philippines, not the citizenship of its owner, which makes it a Philippine ship or airship. A vessel or aircraft. Thus, if a crime is committed ten miles from the shores of the Philippines on board a vessel belonging to a Filipino, but the same is not registered or licensed in accordance with the laws of the Philippines, paragraph No.

The Philippine court has no jurisdiction over the crime of theft committed on the high seas on board a vessel not registered or licensed in the Philippines. Fowler, 1 Phil. When the offender should forge or counterfeit any coin or currency note of th e Phi l i ppi ne s or obligations and securities issued by the Government.

Thus, any person who m a k e s false or counterfeit coins Art. When the offender should be liable for acts connected wi th the introduction into the Philippine s of the obligations and securities mentioned in the preceding number. The reaso n for t h i s provision is t h a t t he introduction of forged or counterfeited obligations and securities into the Philippines is as dangerous as the forging or counterfeiting of the same, to the economical interest of the country.

When the offender, while being a public officer or employee, should commit an offense in the exercise of his functions. The crimes that m a y be committed in the exercise of public functions are direct bribery Art.

When any of these felonies is committed abroad by any of our public officers or employees while in the exercise of his he can be prosecuted here. When the offender should commit any of the crimes against the national security and the law of nations. The crimes agains t the national security and the law of nations are treason Art. The crimes punishable in the Philippines under Art.

Rule , Sec. It includes those parts of the sea or recesse s in the coastline whose width at their entrance is not more than twelve miles measured in a straight line from headland to headland, and all straits less than six miles wide. For thos e straits havi ng more than that width, the space in the center outside of th e marine league limits is considered as open sea.

Opinion of Attorney General, Jan. Crimes committed on board foreign merchant ship or airship. J u s t as our merchan t shi p is an e xte ns i on of our territory, foreign merchant ship is considered an extension of the territory of the country to which it belongs. For this reason, an offense commited on the high seas on board a foreign merchant vessel is not triable by our courts. Continuing offense on board a foreign vessel.

The offense of failing to provide suitable m e a n s for securing animals while transporting th e m on a foreign ship from a foreign port to a port of the Philippines is withi n the jurisdiction of the courts of the Philippines w h e n th e forbidden conditions existed during the tim e the ship w a s within territorial waters, regardless of the fact that the s am e conditions existed w h e n the ship sailed from the foreign port and while it w as on the high seas.

Bull, 15 Phil. Offense committed on board a foreign merchant vessel while on Philippine waters is triable before our court.

Since th e Philippine territory extends to three miles from the headlands, when a foreign merchant vessel enters this three-mile limit, the ship's officers and crew become subject to the jurisdiction of our courts. The space withi n 3 miles of a line drawn from the headlands which embrace the entrance to Manila Bay is within territorial U.

Rules as to jurisdiction over crimes committed aboard foreign merchant vessels. There are two rules as to jurisdiction over crimes committed aboard merchant ve sse ls while in the territorial water s of another country. French Rule. Such crimes are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of th e state is endangered.

English Rule. Such crimes are triable in that country, unless they merely affect things withi n the vessel or they refer to the internal management thereof. In this country, we observe the English Rule. According to the French theory and matters happening on board a merchant ship which do not concern the tranquility of the port or persons foreign to the crew, are justiceable only by the courts of the country to which the vessel belongs. The French courts therefore claim exclusive jurisdiction over crimes committed on board French merchant vessels in foreign ports by one member of the crew against.

Such jurisdiction has never been admitted or claimed by Great Britain as a right, although she has frequently conceded it by treaties. Do the Philippine courts have jurisdiction over the crime of homicide committed on board a foreign merchant vessel by a member of the crew against another?

Disorders which disturb only the peace of the ship or those on board are to be dealt with exclusively by the sovereignty of the home of the ship, but those which disturb the public peace may be suppressed, and, if need be, the offenders punished by the proper authorities of the local jurisdiction. It may not be easy at all ti m es to determine to which of the two jurisdictions a particular act of disorder belongs. Much will undoubtedly depend on the attending circumstances of the particular case, but all mus t concede that felonious homicide is a subject for the local jurisdiction, and that if the proper authorities are proceeding with the case in the regular way, the consul has no right to interfere to prevent it.

Mali and Wildenhus vs. Keeper of the Common Jail, U. Wong Cheng, 46 Phil. Crimes not involving a breach of public order committed on board a foreign merchant vessel in transit not triable by our courts.

Mere possession of opium aboard a foreign merchant vessel in transit is not triable in Philippine courts, becaus e that fact alone does not constitute a breach of public order. The reason for thi s ruling is tha t mere possessi o n of opium on such a ship, without being used in our territory, does not bring about in this country those disastrous effects t h a t our l aw contemplate s avoiding.

Bu t said courts acquire jurisdiction w h e n the ti ns of opium are landed from th e vessel on Philippine soil. Landing or usin g opium is an open violation of the l aw s of the Philippines. Look Chaw, 18 Phil. Ah Sing, 36 Phil. Smoking opium constitutes a breach of public order. Smoking opium aboard an English vessel while anchored two and one-half miles in Manila Bay constitutes a breach of public order, because the primary object of the law in punishing the use of opium is to protect the inhabitant s of this country against the disastrous effects entailed by the u s e of such drug.

And to smoke opium within our territorial limits, even though aboard a foreign merchan t ship, is certainly a breach of the public order here established, because it causes such drug to produce its pernicious effects within our territory.

Philippine courts have jurisdiction over crimes constituting a breach of public order aboard m e r c h a n t v e s s e l s anchored in Philippine jurisdictional waters. Philippine courts have no jurisdiction over offenses committed on board foreign warships in territorial waters. In case ve sse l s are in the ports or territorial waters of a foreign country, a distinction m u s t be made between merchant ships and warships; the former are more or less subjected to the territorial See U.

Warships are al ways reputed to be the territory of the country to which they belong and cannot be subjected to the laws of another state. A United State s Army transport is considered a warship. Extra-territorial application of Republic Act No. Section 58 of Rep. Felonies, defined. Felonies are acts and omissions punishable by the Revised Penal Code. Elements of felonies.

The elements of felonies in general are: That there must be an act or omission. That the act or omission must be punishable by the Revised Penal Code. That the act is performed or the omission incurred by m e an s of dolo or culpa.

Gonzales, G. Meaning of the word "act. See People vs. Gonzales, supra But the act must be one which is defined by the Revised Penal Code as constituting a felony; or, at least, an overt act of that felony, that is, an external act which has direct connection with the felony intended to be committed.

criminal law 1 luis reyes

See Art. Example of felony by performing an act. A took the watch of B with intent to gain and without the consent of the latter. The act of taking the watch of B, with intent to gain, constitutes the crime of theft. Only external act is punished. The act m ust be external, because internal acts are beyond the sphere of penal law.

Hence, a criminal thought or a mere intention, no matte r how immoral or improper it m a y be, will never constitute a felony. Thus, even if A entertains th e idea of killing B, as long as he does not commence th e commission of the crime directly by overt act, A is not criminally liable.

Meaning of the word "omission. There m u s t be a law requiring the doing or performance of an act. Examples of felony by omission: Anyone who fails to render assistance to any person whom he finds in an uninhabited place wounded or in danger of dying, is liable for abandonmen t of persons in danger. An officer entrusted with collection of taxes who voluntarily fails to issue a receipt as provided by law, is guilty of illegal exaction.

Every person owing allegiance to the Philippines, without being a foreigner, and havi ng knowledge of any conspiracy agains t the government, who does not disclose and make k n o w n the s a m e to t h e proper authority, is liable for misprision of treason. It will be noted tha t in felonies by omission, there is a law re- quiring a certain act to be performed and the person required to do the act fails to perform it. The omission must be punishable by law. B e c a u s e there is no law t h a t p u n i s h e s a person who does not report to the authorities th e commissio n of a crime which he witnessed , the omission to do so is not a felony.

Martin Atienza was convicted as principal by direct par- ticipation and Silvestre as accomplice of the crime of arson by the Court of First Instance.

On the night of November 25, , while Nicolas la Cruz and his wife, de la Cruz, were gathered together with the appellants herein after supper, Martin Atienza told said couple to take their furniture out of the house because he was going to set fire to it.

Upon being asked by Nicolas and Antonia why he wanted to set fire to the house, he answered that it was the only way he could be revenged upon the people of Masocol, who, he said, had instigated the charge of adultery against him and his co-defendant, Romana Silvestre. As Martin Atienza was at that time armed with a pistol, no one dared say anything to him, not even Romana Silvestre, who was about a meter away from her co-defendant.

Alarmed at what Martin Atienza had said, the couple left the house at once to communicate with the barrio lieutenant, Buenaventura Ania, as to what they had just heard Martin Atienza say; but they had hardly gone a hundred arms' length when they heard cries of Fire! The fire destroyed about forty-eight houses. Romana listened to her co-defendant's threat without raising a protest, and did not give the alarm when the latter set fire to the house.

Mere passive presence at the scene of another's crime, mere silence and failure to give the alarm, without evidence of agreement or conspiracy, is not punishable. Romana Silvestre was acquitted. This is based upon the maxim, crimen, nulla poena sine that is, there is no crime where there is no law punishin g it.

The phrase "punished by law" should be understood to mean "punished by th e Revised Penal Code" and not by a special law. That is to say, the term "felony" m e a n s acts and omissions punished in the Revised Penal Code, to distinguish it from the words and "offense" which are applied to infractions of the law punished by special statutes.

Classification of felonies according to the means by which they are committed. Thus, the second paragraph of Art. Intentional felonies and culpable felonies distinguished.

In intentional felonies, t h e act or o m i s s i o n of t he offender is malicious. In the language of Art. The offender, in performing the act or in incurring th e omission, has the intention to cause an injury to another. In culpable felonies, the act or omission of the offender 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.

Sara, 55 Phil. Felonies committed by means of dolo or with malice. The word "deceit" in the second paragraph of Art. I Wharton's Criminal Law W he n th e offender, in performing an act or in incurring an omission, h a s the intention to do an injury to the person, or right of another, such offender acts with malice.

If the act or omission is punished by the Revised Penal Code, he is liable for intentional felony. Most of the felonies defined and penalized in Book II of the Revised Penal Code are committed by m e a n s of dolo or with malice.

There are few felonies committed by m e a n s of fault or culpa. There are crimes which cannot be committed through impru- dence or negligence, such as, murder, treason, robbery, and malicious mischief. Felonies committed by means of fault or culpa.

Betwee n an act performed voluntarily and intentionally, and another committed unconsciously and quite unintentionally, there e xi sts another, performed without malice, but at the same time punishable, though in a lesser degree and with an equal result, an intermediate act which the Penal Code qualifies as imprudence or negligence.

A person who caused an injury, without intention to cause an evil, may be held liable for culpable felony. The defendant, who was not a medical practitioner, tied a girl, wrapped her feet with rags saturated with petroleum and thereafter set them on fire, causing injuries. His defense was that he undertook. It was held that while there was no intention to cause an evil but to provide a remedy, the defendant was liable for physical injuries through imprudence. Imprudence, negligence, lack of foresight or lack of skill.

Imprudence indicates a deficiency of action. Negligence indicates a deficiency of perception. If a person fails to take the necessary precaution to avoid injury to person or damage to property, there is imprudence. If a person fails to pay proper attention and to use due diligence in foreseeing the injury or damage impending to be caused, there is negligence. Negligence usually involves lack of foresight. Imprudence usually involves lack of skill.

Reason for punishing acts of negligence culpa. A man must use common sense, and exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent, if not from instinct, then through fear of incurring punishment. He is responsible for such results as anyone might foresee and for his acts which no one would have performed except through culpable abandon.

Otherwise, his own person, rights and property, and those of his fellow beings, would ever be exposed to all manne r of danger and injury. Maleza, 14 Phil. In felonies committed by means of dolo or with malice and in felonies committed by means of fault or culpa, the acts or omissions are voluntary.

The adjective voluntary used in the old Penal Code is suppressed in the definition of felonies in Art. This omission does not m e an that an involuntary act may constitute a felony.

As in the old Penal Code, the act or omission must be voluntary and punishabl e by law to constitute a felony. An intentional felony is committed w h e n th e act is performed with deliberate intent, which m us t necessarily be voluntary. On the other hand, in culpable felony, which is committed when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill, the act is also voluntary.

The only difference between intentional felonies and culpable felonies is that, in the first, the offender acts with malice; whereas, in the second, the offender acts without malice. The definition of reckless imprudenc e in Art. The hunte r w as guilty of the crime of homicide through reckless imprudence People vs.

Ramirez, 48 Phil. A criminal act is presumed to be voluntary. Fact prevails over assumption, and in the absence of indubitable explanation, the act m u s t be declared voluntar y and punishable.

Macalisang, 22 SCRA Acts executed negligently are voluntary. Lopez 44 O. Lopez was driving a truck.

A girl was crossing the street during a torrential rain. The girl was struck down by the truck. During the trial, Lopez claimed that he had no intention of causing injury to the girl. Lopez was not accused of intentional homicide, but of having caused her death by reckless imprudence, which implies lack of malice and criminal intent. Acts executed negligently are voluntary, although done without malice or criminal design.

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In this case, Lopez was not compelled to refrain or prevented from taking the precaution necessary to avoid injury to persons. When there is compulsion or prevention by force or intimidation, there is no voluntariness in the act. Three reasons why the act or omission in felonies must be voluntary. The Revised Penal Code continue s to be based on the Classical Theory, according to which the basis of criminal liability is h u m an free will.

Acts or omissions punishe d by law are always deemed voluntary, since m a n is a rational being. One must prove that his case falls under Art. In felonies by dolo, the act is performed with deliberate intent which must necessarily be voluntary; and in felonies by culpa, t h e i mprudenc e c on s i s ts in bu t without malice, doing or failing to do an act from which material injury results. Therefore, in felonies committe d by m e a n s of dolo, as well as in those committed by m e a n s of culpa, th e act performed or the omis- sion incurred by the offender is voluntary, but t h e intent or malice in intentional felonies is replaced by imprudence , negligence , lack of foresight or lack of skill in culpable felonies.

Requisites of dolo or malice. In order that an act or m a y be considered as having been performed or incurred with deliberate intent, the following requisites m ust concur:. When a person acts withou t freedom, he is no longer a h u m an being but a tool; his liability is as much as that of the knife that wounds, or of the torch that sets fire, or of the key that opens a door, or of the ladder that is placed against the wall of a house in committing robbery.

Requisites of mistake of fact as a defense: Tha t th e act done would hav e bee n lawful had the facts been as th e accused believed t h e m to be. That the intention of the accused in performing the act should be lawful. That the m i s take m u s t be withou t fault or carelessness on the part of the accused. Lack of intent to commit a crime may be inferred from the facts of the case. The defendant swore to Civil Service Form No. He w a s prosecuted for the crime of perjury, for havin g falsely sworn that he w a s never accused of any offense.

When he testified in hi s defense, the defendant claimed that he answered to the question whether he had been accused of a violation of any law, because he relied on th e opinion of th e provincial fiscal that unjust vexation does not involve moral turpitude and he thought it was not necessary to mention it in Civil Service Form No.

It appeared that he had been previously prosecuted twice for perjury for having answered to the same question, and he was acquitted in one case and th e information in the other w as dismissed. It was held that in view of the factual background of the case, the act of the defendant in answering "No" to the question can be considered only as an error of judgment and did not indicate an intention to commit the crime of perjury.

The defendant wa s not liable for the crime of perjury, because he had no intent to commit the crime. In mistake of fact, the act done would have been lawful, had the facts been as the accused believed them to be. In other words, the act done would not constitute a felony had the facts been as the accused believed the m to be. Thus, in the cases of U. The Revised Penal Code[18]. Revealing secrets with. Luis B. Reyes, The Revised Penal Code, 18th ed..

However, Atibula refused and immediately left. On April 21, ,. See Reyes, Luis B.

All of each in the who A. Book 1 Articles , RPC, commission is participated. GET pdf.. The Decision dismissively disposes of the issue by 1 stating. Hence, under the Revised Penal Code the imposable penalty is increased. Limitations on the power of Congress to enact penal laws ON 1. Anonymous July 7, at Act No. Phoenix Press Inc. Alex Reyes and Mariano de Joya does not therefore pretend that it has. Philippine Constitution Manila: Rex Book Store, p..

The Revised Penal Code has ratings and 43 reviews. Sherry said: By hook or by crook I need to finish this book from the front cover to the back cover.. It didn't repeal Art. Crime ONE. By means of unlawful entry. Reyes ;. Page 1 of Civil Code of the Philippines: Reyes, Luis B. The Revised Penal Code:Catangay whose gun was already cocked and aimed at th e deer stumbled against an embankment which lay be twe en him and Ramos.

Section 1 of Rep. The facts do not support the contention of counsel for appellant that the latter is guilty only of homicide through reckless imprudence in regard to the death of Simeon Varela and of less serious physical injuries in regard to Alfredo Eva, Jose Fabio, Pedro and Maglalang.

Philippine criminal law

II Hyde, International Law, 2nd If th e repeal m a k e s t h e penalty lighter in the n e w law, the n ew l aw shall be applied, except w h e n the offender is a habitual delinquen t or w h e n th e n ew law is made not applicable to p e n d i n g action or e xi s ti n g c aus e s of action. It does not comprise a comprehensive compendium of all Philippine penal laws. For this reason, an offense commited on the high seas on board a foreign merchant vessel is not triable by our courts.

The reason for this ruling is that second paragraph of Art. The five paragraphs of Art.