1. Concept Who are criminally liable – refers to the individuals who are considered accountable for a crime that has been committed. a. Legal basis Article 16. Who are criminally liable. – The following are criminally liable for grave and less grave felonies: 1. Principals. 2. Accomplices. 3. Accessories. The following are criminally liable for…
1. Concept Alternative circumstances – refers to circumstances wherein they may be appreciated as an aggravating circumstance or a mitigating circumstance depending on the conditions. a. Legal basis 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…
1. Concept RPC’s suppletory application – refers to the supplementary application of the Revised Penal Code in case future special penal laws which may be lacking in certain respects. a. Legal basis Article 10. Offenses not subject to the provisions of this Code. – Offenses which are or in the future may be punishable under…
1. Concept Grave felonies, less grave felonies, light felonies – refer to the gravity or seriousness of the felonies or crimes as reflected in the extent of the penalty that is imposed. a. Legal basis Art. 9. Grave felonies, less grave felonies and light felonies. – Grave felonies are those to which the law attaches…
1. Concept Duty of the court – the Revised Penal Code imposes certain duties over courts in connection with acts which should be repressed but which are not covered by the law. a. Legal basis Article 6. Consummated, frustrated, and attempted felonies. – Consummated felonies as well as those which are frustrated and attempted, are…
1. Concept Duty of the court – the Revised Penal Code imposes certain duties over courts in connection with acts which should be repressed but which are not covered by the law. a. Legal basis Article 5. Duty of the court in connection with acts which should be repressed but which are not covered by…
1. Concept Criminal liability – may be incurred in two ways, via a felony or through an impossible crime. a. Legal basis Article 4. Criminal liability. – Criminal liability shall be incurred: 1. By any person committing a felony (delicto) although the wrongful act done be different from that which he intended. 2. By any…
1. Concept The application of the Revised Penal Code – refers to its to the scope and extent of its enforceability, whether inside or outside of the Philippines. a. Legal basis Article 2. Application of its provisions. – Except as provided in the treaties and laws of preferential application, the provisions of this Code shall…
1. Concept Act No. 3815 or the Revised Penal Code took effect on January 1, 1932. a. Legal basis Article 1. Time when Act takes effect. – This Code shall take effect on the first day of January, nineteen hundred and thirty-two. (Revised Penal Code) While the Revised Penal Code took effect on January 1,…
1. Concept Dwelling, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime in the dwelling of the victim. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 3. That the act be committed… in the dwelling of the offended party,…