Audio Codal: Criminal Law Philippines (Article 1-15) #criminallaw #audio #lawschoolphilippines

Summary

The 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

00:00

📜 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.

05:00

👥 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.

10:01

🔍 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.

15:03

🚨 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.

Keywords

💡Revised Penal Code Act Number 3815

This refers to a specific legal document that has been amended and is the main focus of the video script. It outlines the general provisions and rules for the enforcement and application of the penal code in the Philippines. The Act's significance is evident as it sets the foundation for the legal framework discussed throughout the video.

💡Criminal Liability

Criminal liability is a legal concept that determines when a person can be held responsible for a crime. In the script, it is mentioned in various contexts, such as the incurring of liability by committing a felony or when an act is performed that could be an offense under different circumstances. The concept is central to understanding the script's theme of legal responsibility.

💡Felonies

Felonies, or 'deliitos' in the script, are serious crimes punishable by law. The video discusses different types of felonies, such as consummated, frustrated, and attempted felonies, and how they are defined and punished under the penal code. This term is key to understanding the severity of crimes and their legal consequences.

💡Justifying Circumstances

Justifying circumstances are situations that exempt a person from criminal liability even if they committed an act that would otherwise be considered a crime. The script provides examples such as acting in self-defense or defense of others, which are crucial in understanding when criminal liability may not apply.

💡Mitigating Circumstances

Mitigating circumstances are factors that may reduce the severity of the punishment for a crime. The script lists various circumstances, such as the age of the offender or provocation by the offended party, that can lead to a reduced penalty. This concept is important for understanding the nuances of sentencing in criminal law.

💡Aggravating Circumstances

Aggravating circumstances are factors that increase the severity of the punishment for a crime. The script mentions examples like committing a crime with treachery or using a motor vehicle in the commission of a crime. Understanding these circumstances helps to grasp how certain actions can worsen the legal consequences of a crime.

💡Consummated Felonies

A consummated felony is one where all necessary elements for its execution and accomplishment are present. The script explains that such felonies are punishable, which is essential for understanding the completion of a crime and its legal implications.

💡Frustrated Felonies

Frustrated felonies occur when the offender performs all acts that would lead to the crime but fail to achieve it due to reasons beyond their control. The script's mention of frustrated felonies is important for understanding the distinction between attempted and completed crimes.

💡Attempted Felonies

Attempted felonies are when the offender starts the commission of a crime but does not complete it due to factors other than their own decision to stop. The script's discussion of attempts is crucial for understanding the initial steps towards a crime and their legal consequences.

💡Light Felonies

Light felonies are minor offenses that typically result in less severe penalties, such as fines or light imprisonment. The script differentiates light felonies from grave and less grave felonies, which is important for understanding the varying degrees of criminal offenses.

💡Alternative Circumstances

Alternative circumstances are factors that can either aggravate or mitigate the criminal liability depending on the nature of the crime. The script mentions relationship and intoxication as examples, which are important for understanding the flexible application of the law based on specific contexts.

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