Criminal Investigation Course
CRIMINAL LAW 1
 Lesson Goal
This lesson aims to provide the students
the basic knowledge on the Revised Penal Code
which is important tool in investigation.
Considered as the bible of every investigator, it
is necessary that the participants must
familiarize themselves on the common crime
prescribed in the RPC.
 Lesson objectives
 Identify the General Principles and
Characteristics of Philippine Criminal
Law;
 Explain how criminal liability is incurred;
 Explain the circumstances affecting
criminal liability;
 Identify the persons with criminal
liability;
 Distinguish Complex Crimes and other
Forms of Multiple Crimes;
2. Territoriality; and
3. Prospectivity
 Felonies
- are acts or omissions punishable by the
revised penal code, with following elements:
1. there must be an act or omission;
2. the act or omission must be
punishable; and
3. the act is performed or the omission
incurred by means of dolo or culpa
 Classification of Felonies
According to manner or mode of execution
1. Intentional Felonies; and
2. Culpable Felonies
 Classification of Felonies
According to stages of execution:
1. Consummated Felony;
 Enumerate and Classify the Penalties
which can imposed;
2. Frustrated Felony; and
 Enumerate the Duration of Penalties;
 Classification of Felonies
 Explain how criminal liability can be
extinguished; and

Discuss the prescription of crimes.
 Definition of terms
Criminal Law- a Branch of law which
defines
crimes treats of their nature, and provides for
their punishment.
Crime- is an act committed or omitted in
violation of a public law forbidden or
commanding it.
 Characteristics of Criminal Law
3. Attempted Felony
According to Gravity of Felony:
1. Grave Felonies;
2. Less Grave Felonies; and
3. Light Felonies
 Determining Criminal Liability
Criminal liability for a felony committed
different from that intended:
Requisites:
1. Felony has been committed intentionally;
1. Generality;
Patrolwoman June Bright P Elaugos
2019
CIC Class SANDATA 687December 2019
Criminal Investigation Course
2. Injury or damage done to the other party is
direct natural and logical consequence of the
felony.
 Determining Criminal Liability
Impossible Crime
Requisites:
a. unlawful aggression;
b. Reasonable necessity to prevent or
repel the attack; and
c. the one making a defense had no
part therein.
 Circumstances Affecting
Criminal Liability
1. Act would have been an offense against
persons or property;
Relatives entitled to the defense:
2. There is criminal intent;
a. Spouse;
b Ascendants;
 Determining Criminal Liability
Impossible Crime
Requisites:
3. Accomplishment is inherently
impossible or inadequate or ineffectual means
are employed;
4.Act is not actual violation of another
provision of the code or of special law
 Circumstances Affecting
Criminal Liability
Justifying Circumstances:
1. Self-Defense:
a. Unlawful Aggression;
b. Reasonable necessity of the
means employed to prevent or repel it; and
c. Lack of sufficient
provocation on the
art of the
person defending himself.
 Circumstances Affecting
Criminal Liability
Justifying Circumstances:
c. Descendants;
d. Legitimate, natural/adopted brothers or
sisters;
e. Relatives by affinity in the same degree;
 Circumstances Affecting
Criminal Liability
Relatives entitled to the defense:
f. relatives by consanguinity within the 4th civil
degree; and
g. The person defending is not induced by
revenge, resentment or other evil motive.
 Circumstances Affecting
Criminal Liability
Justifying Circumstances:
3. Defense of Stranger:
a. unlawful aggression; and
b. Reasonable necessity of the means
employed to prevent or repel the attack.
 Circumstances Affecting
Criminal Liability
Justifying Circumstances:
4. State of Necessity:
2. Defense of Relative:
Patrolwoman June Bright P Elaugos
2019
CIC Class SANDATA 687December 2019
Criminal Investigation Course
a. Evil sought to be avoided actually exists;
b. Injury feared be greater than that done to
avoid it; and
 Circumstances Affecting
Criminal Liability
Exempting Circumstances:
c. No other practical and less harmful means
of preventing it.

5. Irresistable Force;
6. Uncontrollable Fear; and
Circumstances Affecting
Criminal Liability
Justifying Circumstances:
5. Fulfilment of Duty or Lawful Exercise of a
Right or Office:
7. Insuperable Cause; and
 Circumstances Affecting
Criminal Liability
Mitigating Circumstances:
a. Ordinary Mitigating; and
a. Acted in the performance of a duty, or in
the lawful exercise of a right or office;
b. Offense committed is the necessary
consequence due performance of the duty.
b. Privileged Mitigating.
 Circumstances Affecting
Criminal Liability
Ordinary Mitigating Circumstances:
 Circumstances Affecting
Criminal Liability
1. Incomplete Justifying or Exempting
circumstances;
Justifying Circumstances:
2. Person over 15 but under 18 who
acted with discernment;
6. Obedience to a Superior:
3. The offender is over 70 years of age;
a. there is an legal order;
b. the order is for a legal purpose; and
c. the means used to carry out said order is
lawful.
 Circumstances Affecting
Criminal Liability
Exempting Circumstances:
1. Imbecile or Insane person unless he
acted during lucid interval;
2. Person below 15 YO (RA 9344);
has
3. Person above 15 but below 18 who
acted without discernment (RA 9344);
4. Accident;
Patrolwoman June Bright P Elaugos
2019
4. No intention to commit so
grave;
 Circumstances Affecting
Criminal Liability
Ordinary Mitigating Circumstances:
5. Sufficient provocation or threat
6. Immediate vindication of a grave
offense;
7. Passion or Obfuscation;
8. Voluntarily Surrender and Confession
of Guilt;
 Circumstances Affecting
Criminal Liability
CIC Class SANDATA 687December 2019
Criminal Investigation Course
Ordinary Mitigating Circumstances:
9. Physical Defect of the Offender;
10. Illness of the Offender; and
11. Similar Circumstances.
 Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
1. That advantage be taken by the
offender of
his public position;
2. That the crime be committed in
contempt
of or with insult to
the public authorities;
3. That the act be committed with insult
or in
disregard of the respect (rank, age,
sex, etc);
 Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
4. Committed with abuse of confidence or
obvious ungratefulness;
5. Committed in the palace of the Chief
Executive, or in his presence or when public
authorities are engaged in the discharge of their
duties, or in a place of religious worship.
 Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
6. Committed nighttime, uninhabited place or
by a band;
7. Committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic
or other calamity or misfortune;
 Circumstances Affecting
Criminal Liability
Patrolwoman June Bright P Elaugos
2019
Aggravating Circumstances:
8. Committed with the aid of armed men or
persons who insure or afford impunity;
9. That the accused is a recidivist;
10. Offender has been previously punished for
an offense to which the law attaches an equal
or greater penalty;
 Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
11. Committed in consideration of a price,
reward or promise;
12. Committed by means of inundation, fire,
poison, explosion, stranding a vessel or
intentional damage, or derailment of a
locomotive, or by use of any other artifice
involving great waste or ruin.
 Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
13. 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. Committed with treachery;
 Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
17. The means be employed add ignominy to
the natural effects of the acts;
18. Committed after an unlawful entry;
19. The commission of the crime, a wall, roof,
door or window be broken;
CIC Class SANDATA 687December 2019
Criminal Investigation Course
 Circumstances Affecting
Criminal Liability
Aggravating Circumstances:
20. Committed with the aid of persons under 15
YO, or by means of motor vehicles, airships or
other similar means; and
21. The crime be deliberately augmented by
causing other wrong not necessary for its
commission.
 Circumstances Affecting
Criminal Liability
Alternative Circumstances - which must be
taken into consideration as aggravating or
mitigating according to the nature and effects
of the crime and other conditions attending its
commission:
1. Relationship;
2. Intoxication; and
3. Degree of instruction and education.
 Degree of participation
A. Principal;
1. Principal by Direct Participation
2. Principal by Inducement
3. Principal by Indispensable Cooperation
B. Accomplices; and
C. Accessories
No Complex Crime in the Following Cases
1.
One offense is committed to conceal
the other;
2.
The other crime is inherent or an
element of
the other offense;
3.
One of the offenses is penalized by
a Special
Law; and
4.
In case of a continuing crime.
 Complex Crimes & other forms
Continuing/Continued/Continuous Crime- is a
single crime consisting of series of facts but all
arising from one criminal resolution.
Continuing/Transitory Crime - A continuing,
continued or continuous crime is different from
a transitory crime in criminal procedure to
determine venue.
 Classification of penalties
A. Scale:
1. Principal Penalties;
2. Capital Punishments; and
3. Death
 Classification of penalties
B. Afflictive Penalties:
1. Reclusion Perpetua;
2. Reclusion Temporal;
 Complex Crimes & other forms
1. Compound Crime
2. Complex Crime Proper
3. Special Complex Crime
 Complex Crimes & other forms
Patrolwoman June Bright P Elaugos
2019
3. Perpetual/Temporary Absolute
Disqualification;
4. Perpetual or Temporary Special
Disqualification; and
5. Prision mayor.
 Classification of penalties
CIC Class SANDATA 687December 2019
Criminal Investigation Course
C. Correctional Penalties:
1. Prision Correctional;
2. Arresto mayor; and
3. Suspension; and
4. Distierro
D. Light Penalties:
penalty of arresto mayor- 5 years; and
4. Light Penalties- 1 year.
 summary
At the end of the lecture, the participants
should be able to:
 General Principles of the Philippine
Criminal Law
1. Arresto Menor; and
 Felony
2. Public Censure
 Circumstances Affecting Criminal
Liability
 Extinction of criminal liability
A. Total Extinction of Criminal Liability:
 Persons Criminally Liable
1. by the death of the convict;
 Complex Crimes
2. by service of the sentence;
 Classification of Penalties
3.
by amnesty;
 Extinction of Criminal Liability
4.
by absolute pardon;
5.
by prescription of the crime;
6.
by prescription of the penalty;
END OF PRESENTATION
and
7.
woman.
by the marriage of the offended
 Extinction of criminal liability
B.
Partial Extinction of Criminal Liability
1. by conditional pardon;
2. by commutation of sentence;
and
3. for good conduct allowance.
 Prescription of Crimes
1. Death and Reclusion Perpetua- 20 years;
2. Afflictive Penalties- 15 years;
3. Correctional penalties- 10 years, exception:
Patrolwoman June Bright P Elaugos
2019
CIC Class SANDATA 687December 2019