Audio Codal: Criminal Law Philippines (Article 1-15) #criminallaw #audio #lawschoolphilippines
Summary
TLDRThe video script outlines the Revised Penal Code of the Philippines, focusing on the code's enforcement, definitions of felonies, and the conditions affecting criminal liability. It details the types of felonies, including grave, less grave, and light felonies, and discusses justifying and exempting circumstances, as well as mitigating and aggravating factors that influence criminal liability.
Takeaways
- 📅 The Revised Penal Code of the Philippines, Act No. 3815, took effect on January 1, 1932, and applies to both domestic and international offenses committed by certain individuals.
- 📜 The Code is enforced within the Philippine archipelago and against those who commit offenses aboard Philippine vessels or against the nation's currency and government-issued securities.
- 🔍 Felonies, or 'delitoList', are categorized by the method of commission: deceit ('dolo') or fault ('culpa'), and are punishable by law regardless of the perpetrator's intent.
- 👤 Criminal liability is incurred by individuals who commit felonies or perform acts that would be offenses under different circumstances, including attempts and conspiracies.
- ⚖️ Courts have the duty to address acts not covered by law and to report such cases to the chief executive for potential legislative action, especially when penalties are excessively harsh.
- 🚫 Light felonies are only punishable when consummated, with exceptions for those against persons or property, and conspiracy or proposal to commit a felony is only punishable when specifically provided by law.
- 🏢 Offenses not covered by the Code include those punishable under special laws, with the Code serving as a supplement unless stated otherwise.
- 🛡 Justifying circumstances such as self-defense and defense of others are detailed, with specific conditions that must be met to be exempt from criminal liability.
- 🚼 Certain individuals are exempt from criminal liability, including embryos, insane persons, and minors under specific conditions, with provisions for their care and custody.
- 🔄 Mitigating circumstances reduce criminal liability, including factors like age, provocation, and voluntary surrender, while aggravating circumstances, such as abuse of public position or committing a crime with treachery, increase liability.
- 🔄 Alternative circumstances, such as relationship to the victim and intoxication, can either mitigate or aggravate criminal liability depending on the context of the crime.
Q & A
When did the revised penal code act number 3815 take effect?
-The revised penal code act number 3815 took effect on the first day of January 1932.
In which areas is the revised penal code enforced?
-The revised penal code is enforced within the Philippine archipelago, including its atmosphere, interior waters, and maritime zone, and also outside its jurisdiction against certain individuals as specified in the code.
What are the conditions under which the code is enforced outside the Philippine jurisdiction?
-The code is enforced outside the Philippine jurisdiction against individuals who commit offenses on a Philippine ship or airship, forge or counterfeit currency, are liable for acts connected with the introduction of obligations and securities, commit offenses in the exercise of their functions as public officers, or commit crimes against national security and the law of nations.
What are the definitions of felonies according to the revised penal code?
-Felonies, or delicts, are acts and omissions punishable by law and are committed not only by means of deceit but also by means of fault, which includes imprudence, negligence, lack of foresight, or lack of skill.
What are the conditions for criminal liability under the code?
-Criminal liability is incurred by any person committing a felony, even if the wrongful act is different from what was intended, and by any person performing an act that would be an offense against persons or property were it not for the inherent impossibility of its accomplishment.
What does the court do when it encounters acts that should be repressed but are not covered by the law?
-The court renders the proper decision and reports to the chief executive through the department of justice the reasons for believing that the act should be the subject of penal legislation.
What are the conditions for consummated, frustrated, and attempted felonies?
-A felony is consummated when all necessary elements for its execution and accomplishment are present. It is frustrated when the offender performs all acts that would produce the felony but does not due to reasons independent of the perpetrator's will. An attempt occurs when the offender commences the commission of a felony by overt acts but does not perform all acts due to causes other than their own decision.
Under what circumstances are light felonies punishable?
-Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.
What are the conditions for conspiracy and proposal to commit felony?
-Conspiracy and proposal to commit felony are punishable only in cases where the law provides a specific penalty. Conspiracy exists when two or more persons agree to commit a felony, and proposal occurs when a person who has decided to commit a felony proposes its execution to others.
What are the different types of felonies according to their severity?
-Grave felonies are those with capital punishment or afflictive penalties. Less grave felonies are punished with correctional penalties at their maximum. Light felonies are those with penalties of arresto menor or a fine not exceeding 200 pesos, or both.
What are justifying circumstances and how do they affect criminal liability?
-Justifying circumstances are situations that do not incur criminal liability, such as acting in defense of oneself or others, acting to avoid an evil or injury, fulfilling a duty or exercising a right, or acting in obedience to a superior's lawful order.
What are circumstances that exempt from criminal liability?
-Circumstances that exempt from criminal liability include being an embassy or an insane person during a lucid interval, being under nine years of age, or being over nine and under 15 years of age without discernment.
What are mitigating circumstances and how do they influence criminal liability?
-Mitigating circumstances are factors that reduce criminal liability, such as the offender being under 18 or over 70 years old, having no intention to commit a grave wrong, or acting under sufficient provocation or threat.
What are aggravating circumstances and their effects on criminal liability?
-Aggravating circumstances are factors that increase criminal liability, such as taking advantage of public position, committing a crime in contempt of public authorities, or committing a crime with evident premeditation.
What are alternative circumstances and how are they considered in criminal liability?
-Alternative circumstances are factors that can be considered as either aggravating or mitigating depending on the nature and effects of the crime and other conditions, such as the relationship between the offender and the offended party, intoxication, and the offender's level of education.
Outlines
📜 General Provisions and Enforcement of the Penal Code
This paragraph outlines the general provisions of the Revised Penal Code Act No. 3815, including its enforcement date and jurisdiction. It specifies the effective date as January 1, 1932, and clarifies the code's application within the Philippine archipelago and against certain offenses committed outside its jurisdiction. The paragraph also details the definition of felonies, the conditions under which criminal liability is incurred, and the court's duty in cases not covered by law or with excessive penalties. It introduces the concepts of consummated, frustrated, and attempted felonies, and concludes with the conditions under which light felonies are punishable.
👥 Justifying and Exempting Circumstances in Criminal Liability
The second paragraph delves into justifying circumstances that exempt individuals from criminal liability, such as self-defense, defense of others, and fulfillment of a duty. It also discusses the conditions under which conspiracy and proposal to commit a felony are punishable. The paragraph further categorizes felonies into grave, less grave, and light, with specific penalties attached to each category. It concludes by stating that certain offenses are not subject to the provisions of the code, and those punishable under special laws are not covered unless specified otherwise.
🔍 Mitigating and Aggravating Circumstances Affecting Criminal Liability
This paragraph examines mitigating and aggravating circumstances that influence the severity of criminal liability. Mitigating factors include age, lack of intent to commit a grave wrong, provocation, and voluntary surrender, among others. Aggravating circumstances encompass taking advantage of public position, committing a crime with disrespect to public authorities, and employing treachery or alevosia. The paragraph also introduces alternative circumstances, such as relationship and intoxication, which can either mitigate or aggravate criminal liability, depending on the context.
🚨 Specific Aggravating Circumstances and Their Implications
The final paragraph provides a detailed list of specific aggravating circumstances that can escalate the severity of a crime. These include committing a crime as a recidivist, using means that ensure execution without risk to the offender, and employing various destructive methods. The paragraph also discusses the implications of committing a crime with the aid of minors or motorized vehicles, unlawful entry, and augmenting the wrong done in the commission of a crime. Each circumstance is considered in the context of the crime's nature and the conditions of its commission.
Mindmap
Keywords
💡Revised Penal Code Act Number 3815
💡Criminal Liability
💡Felonies
💡Justifying Circumstances
💡Mitigating Circumstances
💡Aggravating Circumstances
💡Consummated Felonies
💡Frustrated Felonies
💡Attempted Felonies
💡Light Felonies
💡Alternative Circumstances
Highlights
The Revised Penal Code Act Number 3815 details the date of enforcement as January 1, 1932.
The code's provisions apply both within and outside the Philippine jurisdiction under specific conditions.
Felonies, or 'deliitos', can be committed through deceit or fault, with definitions provided for each.
Criminal liability is incurred under various conditions, including the performance of acts with inherent impossibility.
Courts have a duty to report acts not punishable by law if they deem them necessary to repress.
Felonies are classified into consummated, frustrated, and attempted, each with specific conditions for punishment.
Light felonies are only punishable when consummated, with exceptions for offenses against persons or property.
Conspiracy and proposal to commit a felony are punishable only under specific legal provisions.
Felonies are categorized into grave, less grave, and light felonies based on the severity of the penalties.
Certain offenses are not subject to the provisions of the code if they are punishable under special laws.
Justifying circumstances are outlined, including acts of self-defense and defense of others under specific conditions.
Circumstances that exempt from criminal liability are detailed, such as insanity or age-related exemptions.
Mitigating circumstances are defined, including age, lack of intention for grave wrong, and voluntary surrender.
Aggravating circumstances are listed, such as taking advantage of public position or committing crimes in places of worship.
Alternative circumstances, which can be either aggravating or mitigating, are explained, including relationship and intoxication.
The code provides for the classification and treatment of crimes against national security and the law of nations.
Public officers or employees committing offenses in the exercise of their functions are held liable under the code.
The code addresses the imposition of penalties in cases where the enforcement of the code would result in excessive punishment.
The code specifies the treatment of crimes committed by persons under 15 years of age with discernment.
The code outlines the conditions under which a court may order the confinement of an imbecile or insane person.
The code provides for the punishment of crimes committed with the aid of persons under 15 years of age or using motor vehicles.
Transcripts
the revised penal code act number
3815 as amended
book 1 general provisions regarding the
date of enforcement and application of
the provisions of this code and
regarding the offences the persons
liable and the penalties
preliminary title date of effectiveness
and application of the provisions of
this code
article 1 timed when act takes effect
this code shall take effect on the first
day of january 1932
article 2 application of its provisions
except as provided in the treaties and
laws of preferential application the
provisions of this code shall be
enforced not only within the philippine
archipelago including its atmosphere its
interior waters and maritime zone but
also outside of its jurisdiction against
those who number one should commit an
offense while on a philippine ship or
airship
number two should forge or counterfeit
feed any coin or currency note of the
philippine islands or obligations and
securities issued by the government of
the philippine islands
number three should be liable for acts
connected with the introduction into
these islands of the obligations and
securities mentioned in the preceding
number
number four
while being public officers
or employees should commit an offense in
the exercise of their functions
or number five should commit any of the
crimes against
national security and the law of nations
defined in title 1 of book 2
of this code
title 1 felonies and circumstances which
affect criminal liability chapter 1
felonies
article 3 definitions
acts and omissions punishable by law are
felonies or de litos
felonies are committed not only by means
of deceit or dolo but also by means of
fault or kulpa
there is deceit when the act is
performed with deliberate intent and
there is fault when the wrongful act
results from imprudence negligence lack
of foresight or lack of skill
article 4 criminal liability
criminal liability shall be incurred
number one by any person committing a
felony or deleto although the wrongful
act don't be different from that which
he intended
number two by any person performing an
act which would be an offense against
persons or property were it not for the
inherent impossibility of its
accomplishment or on account of the
employment of inadequate or ineffectual
means
article 5 duty of the court in
connection with acts which should be
repressed but which are not covered
by the law and in cases of excessive
penalties
whenever a court has knowledge of any
act which it may deem proper to repress
and which is not punishable by law it
shall render the proper decision and
shall report to the chief executive
through the department of justice the
reasons which induce the court to
believe that said act should be made the
subject of penal legislation
in the same way the court shall submit
to the chief executive through the
department of justice such a statement
as may be deemed proper without
suspending the execution of the sentence
when a strict enforcement of the
provisions of this code would result in
the imposition of a clearly excessive
penalty taking into consideration the
degree of malice and the injury caused
by the offense
article 6 consummated frustrated and
attempted felonies
consummated felonies as well as those
which are frustrated and attempted are
punishable
a felony is consummated when all the
elements necessary for its execution and
accomplishment are present
and it is frustrated when the offender
performs all the acts of execution which
would produce the felony as a
consequence but which nevertheless do
not produce it by reason of course
independent of the will of the
perpetrator
there is an attempt when the offender
commences the commission of a felony
directly by overt acts and does not
perform all the acts of execution which
should produce the felony by reason of
some cause or accident other than his
own spontaneous decision desistance
article 7 when light felonies are
punishable
light felonies are punishable only when
they have been consummated with the
exception of those committed against
persons or property
article 8 conspiracy and proposal to
commit felony
conspiracy and proposal to commit felony
are punishable only in the cases in
which the law specially provides a
penalty therefore
a conspiracy exists when two or more
persons came or come to an agreement
concerning the commission of a felony
and decide to commit it
there is proposal when the person who
has decided to commit a felony proposes
its execution to some other person or
persons
article 9 grave felonies less grave
felonies and light felonies grave
felonies are those to which the law
attaches the capital punishment or
penalties which in any of their periods
are afflictive in accordance with
article 25 of this code
less grave felonies are those which the
law punishes with penalties which in
their maximum period are correctional in
accordance with the above mentioned
article
light felonies are those in fractions of
law for the commission of which the
penalty of aresto menor or a fine not
exceeding 200 pesos or both is provided
article 10 offenses not subject to the
provisions of this code offenses which
are in the future may be punishable
under special laws are not subject to
the provisions of this code this code
shall be supplementary to such loss
unless the latter should specially
provide the contrary
chapter 2 is all about the justifying
circumstances and circumstances which
exempt from criminal liability
article 11 justifying circumstances
the following do not incur any criminal
liability number one
anyone who acts in defense of his person
or rights provided that the following
circumstances concur
first unlawful aggression second
reasonable necessity of the means
employed to prevent or repel it
third
lack of sufficient provocation on the
part of the person defending himself
number two anyone who acts in defense of
the person or rights of his spouse
ascendants descendants or legitimate
natural or adopted brothers or sisters
or of his relatives by affinity in the
same degrees and those by consanguinity
within the fourth civil degree provided
that the first and second requisites
prescribed in the next preceding
circumstance are present
and the further requisite in case the
provocation was given by the person
attacked
that the one making defense had no part
therein
number three
anyone who acts in defense of the person
or rights of a stranger provided that
the first and second requisites
mentioned in the first circumstance of
this article are present and that the
person defending be not induced by
revenge resentment or other evil motive
number four any person who in order to
avoid an evil or injury
an act which causes damage to another
provided that the following requisites
are present
number first is
that the evil sought to be avoided
actually exists second that the injury
feared be greater than that
done to avoid it
third that there be no other practical
and less harmful means of preventing it
five any person who acts in the
fulfillment of a duty or in the lawful
exercise of a right or office
sixth any person who acts in obedience
to an order issued by a superior for
some lawful purpose
article 12
circumstances which exempt from criminal
liability the following are exempt from
criminal liability
one an embassy or an insane person
unless the latter has acted during a
lucid interval
when the imbecile or an insane person
has committed an act which the law
defines as a felony or deleto the court
shall order his confinement in one of
the hospitals or asylums established for
persons thus afflicted which he shall
not be permitted to live without first
obtaining the permission of the same
court
two a person under nine years of age
third a person over nine years of age
and under 15 unless he has acted with
discernment in which case such minor
shall be proceeded against in accordance
with the provisions of article 80 of
this code
when such minor is adjudged to be
criminally irresponsible the court in
confirmity with the provisions of this
and the preceding paragraph shall commit
him
to the care and custody of his family
who shall be charged with his
surveillance and education otherwise he
shall be committed to the care of some
institution or person mentioned in this
article
eighths in said article 80.
for any person who while performing a
lawful act with you care causes an
injury by mere accident without fault or
intention of causing it
fifth any person who acts under the
compulsion of an irresistible force
seeks any person who acts under the
impulse of an uncontrollable fear of an
equal or greater injury
seventh any person who fails to perform
an act required by law when prevented by
some lawful or insufferable costs
chapter 3 circumstances which mitigate
criminal liability
article 13 mitigating circumstances the
following are mitigating circumstances
one
those mentioned in the preceding chapter
when all the requisites necessary to
justify the act or to exempt from
criminal liability in their respective
cases are not attendants
that the offender is under 18 years of
age or or over 70 years
in the case of the minor he shall be
preceded against in accordance with the
provisions of article 80
three that the offender had no intention
to commit so grave a wrong as that
committed
fourth that sufficient provocation or
threat on the part of the offended party
immediately preceded the act
thief that the act was committed in the
immediate vindication of a grave offense
to the one committing the felony or
dilito
his spouse ascendants
descendants legitimate natural or
adopted brothers or sisters or relatives
by affinity within the same degrees
sixth that of having acted upon an
impulse so powerful as naturally to have
produced passion or obfuscation
seventh that the offender had
voluntarily surrendered himself to a
person in authority or his agents or to
that he had voluntarily confessed his
guilt before the court prior to the
presentation of the evidence for the
prosecution
8 that the offender is deaf and dumb
blind or otherwise suffering from
physical defect which thus restricts his
means of action defense or communication
with his fellow beings nine
such illness of the offender as would
diminish the exercise of the willpower
of the defender of the offender without
however depriving him of consciousness
of his acts 10th and finally any other
circumstances of a similar nature and
analogous to those above menshonda
chapter 4 circumstances which aggravate
criminal liability
article 14 aggravating circumstances the
following are aggravating circumstances
one that advantage be taken
by the offender of his public position
two that the crime be committed in
contempt of or with insult to the public
authorities
third that the act be committed with
insult or in disregard of the respect
jew the offended party on account of his
rank age or sex or that it be committed
in the dwelling of the offended party if
the latter has not given provocation
fourth that the act be committed with
abuse of confidence or obvious
ungratefulness
fifth that the crime be committed in the
palace of the chief executive
or in his presence or where public
authorities are engaged in the discharge
of their duties or in a place dedicated
to religious worship
sixth that the crime be committed in the
night time or in an
uninhabited place or by a band whenever
such circumstances may facilitate the
commission of the offense
whenever more than three armed
malefactors shall have acted together in
the commission of an offense it shall be
deemed to have been committed by a band
7 that the crime be committed on the
occasion of a conflagration shipwreck
earthquake epidemic or other calamity or
misfortune
eat the that the crime be committed with
the aid of armed men or persons who
insure or afford impunity
ninth that the accused is a recidivist
a resident is one who at the time of his
trial for one crime shall have been
previously convicted by final judgment
of another crime embraced in the same
title of this code
10 that the offender has been previously
punished for an offense to which the law
attaches an equal or greater penalty or
for two or more crimes to which it
attaches a lighter penalty
eleventh that the crime be committed in
consideration of a prize reward or
promise
twelve that the crime be committed by
means of inundation fire poison
explosion stranding of a vessel or
intentional damage thereto derailment of
a locomotive or by the use of any other
artifice involving great waste and ruin
13 that the act be committed with
evident premeditation 14 that craft
fraud or disguise be employed
15 that advantage be taken of superior
strength or means be employed to weaken
the defense
16 that the act be committed with
treachery or alevosha there is treachery
when the offender commits any of the
crimes against the person
employing means
methods or forms in the execution
thereof which tend directly and
specially to ensure its execution
without risk to himself arising from the
defense which the offended party may
make
that means be employed or circumstances
brought about which add ignominy to the
natural effects
of the act
18 that the crime be committed after an
unlawful entry there is an unlawful
entry when an entrance is affected by a
way not intended for the purpose
19 that as a means to the commission of
a crime a wall roof floor door or window
be broken
20 that the crime be committed with the
aid of persons under 15 years of age or
by means of motor vehicle motorized
watercraft airships or other similar
means
21 that the wrong done in the commission
of the crime be deliberately augmented
by causing either wrong not necessary
for its commission
chapter 5 alternative circumstances
article 15 their concept
alternative circumstances are those
which must be taken into consideration
as aggravating or mitigating according
to the nature and effects of the crime
and the other conditions attending its
commission
they are the relationship intoxication
and the degree of instruction and
education of the offender
the alternative circumstance of
relationship shall be taken into
consideration when the offended party is
the spouse ascendant descendant
legitimate natural or adopted brother or
sister or relative by affinity in the
same degrees of the offender
the intoxication of the offender shall
be taken into consideration as a
mitigating circumstance when the
offender has committed a felony in a
state of intoxication if the same is not
habitual or subsequent to the plan to
commit self-felony but when the
intoxication is habitual or intentional
it shall be considered as an aggravating
circumstance
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