QuestionsQuestions (Act No. 3815)
It takes effect on the first day of January, 1932.
Generally, it may be enforced outside Philippine jurisdiction against those who: (1) commit an offense while on a Philippine ship or airship; (2) forge/counterfeit Philippine coins, currency notes, or government obligations/securities; (3) are liable for acts connected with the introduction of those obligations/securities into the Islands; (4) while public officers/employees, commit an offense in the exercise of their functions; or (5) commit crimes against national security and the law of nations defined in Title One of Book Two.
Deceit exists when the act is performed with deliberate intent; fault exists when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
Criminal liability is incurred even if the wrongful act done is different from that which he intended (Article 4[1]), subject to the doctrine that he commits a felony.
Criminal liability is incurred by performing an act that would be an offense against persons or property if not for the inherent impossibility of its accomplishment, or because of the employment of inadequate or ineffectual means.
The court must render the proper decision (despite lack of penalty) and report to the Chief Executive through the Department of Justice, explaining why it believes the act should be subject to penal legislation.
Consummated: all elements necessary are present. Frustrated: offender performs all acts of execution that would produce the felony, but it does not occur due to causes independent of the will of the perpetrator. Attempted: offender commences the commission directly by overt acts but does not perform all acts of execution due to a cause or accident other than his own spontaneous desistance.
Light felonies are punishable only when consummated, except those committed against persons or property.
They are punishable only in cases where the law specially provides a penalty therefor. Conspiracy requires agreement between two or more persons and their decision to commit a felony; proposal is the act of proposing execution to another person or persons.
Grave felonies: those with penalties that in any period are afflictive (capital punishment or afflictive penalties). Less grave: those punished with penalties whose maximum period is correctional. Light: those punished with arresto menor or a fine not exceeding 200 pesos, or both.
For defense of the person or rights: (1) unlawful aggression; (2) reasonable necessity of the means employed; and (3) lack of sufficient provocation by the person defending himself.
Examples stated: (1) imbecile or insane person (unless acted during a lucid interval); (2) person under nine years of age; (3) person over nine and under fifteen unless he acted with discernment (then treated under Art. 80 rules); (4) injury caused by mere accident without fault or intention while performing a lawful act with due care; (5) acts under irresistible force; (6) impulse of uncontrollable fear of an equal or greater injury; (7) failure to perform an act required by law when prevented by lawful or insuperable cause.
Examples: partial absence of the requisites required for justification/exemption (Art. 11/12 circumstances not fully present); offender under 18 or over 70; offender had no intention to commit so grave a wrong; sufficient provocation/threat immediately preceded act; immediate vindication of a grave offense; impulse so powerful to naturally produce passion or obfuscation; voluntary surrender to authority or voluntary confession before prosecution evidence is presented; deaf and dumb/blind/physical defects limiting means of action/defense/communication; illness diminishing will-power without depriving consciousness; and other similar analogous circumstances.
When the offender commits crimes against persons using means/methods/forms that tend directly and specially to insure execution without risk to himself from the defense the offended party might make.
Alternative circumstances must be considered as either aggravating or mitigating depending on the nature and effects and other conditions. Relationship and intoxication are stated. Intoxication is mitigating only if non-habitual and not intentional and not subsequent to the plan to commit the felony; otherwise it is aggravating.
For grave/less grave felonies: principals, accomplices, and accessories are criminally liable (Art. 16). For light felonies: only principals and accomplices (Art. 16). Principals: direct participation, direct forcing/inducing, or cooperation by another act without which the offense would not have been accomplished (Art. 17). Accomplices: cooperate by previous or simultaneous acts (Art. 18). Accessories: knowing of the commission and taking part after commission in profiting/assisting the offenders, concealing/destroying body of the crime/effects/instruments, or harboring/assisting the escape (Art. 19).