Criminal Law- branch or division of law which defines crimes,  Ambassadors, ministers plenipotentiary,

treats of their nature, and provides for their punishment. ministers resident and charges d’affaires
 Consul is not covered, unless there is a
Crime- is an act committed or omitted in violation of a public
treaty
law forbidding or commanding it.

Sources of Philippine Criminal Law 2. Territorial- criminal laws undertake to punish crimes
within Philippine territory
1. RPC
2. Special Penal Laws Exceptions:
3. Penal PDs
a. Should commit an offense while on a Philippine
Common laws are the body of principles, usages and rules of ship or airship
action. They are not recognized in the Philippines.  Within 12 miles- considered part of the territory
 If within a foreign territory- laws of foreign country
General Welfare clause (under police power)- the state has  Registered in MARINA
the authority to define and punish crimes and to lay down the  No jurisdiction over the crime committed on the high
rules of criminal procedure. seas on board a vessel not registered or licensed in
Limitation on the power to enact penal laws the Phils.
 An offense committed on the high seas on board a
1. No ex-post facto law or bill of attainder shall be foreign merchant vessel is not triable by our courts.
enacted- passage of retroactive laws which are
prejudicial to the accused b. When the offender should forge or counterfeit any
2. No person shall be held to answer for a criminal coin or currency note of the Philippines or
offense without due process of law- criminal laws obligations and securities issued by the
must be of general application and must clearly Government
define the acts and omissions punished as crimes
c. When the offender should be liable for acts
Ex post facto law
connected with the introduction into the
1. makes criminal an act done before the passage of Philippines of the obligations and securities
the law mentioned in the preceding number
2. aggravates a crime
3. inflicts a greater punishment d. When the offender, while being public officer or
4. authorizes conviction upon less or different employee should commit an offense in the exercise
testimony than the law required of his functions
5. assumes to regulate civil rights and remedies only
6. deprives a person accused of a crime some lawful e. When the offender should commit any of the
protection to which has become entitled crimes against national security and the law of
nations
Bill of attainder- legislative act which inflicts punishment  Treason, conspiracy and proposal to commit treason,
without a trial espionage, inciting to war and giving motives for
Characteristics of criminal law reprisals, violation of neutrality, correspondence
with hostile country, flight to enemy’s country and
1. General- criminal law is binding on all person wo piracy and mutiny on the high seas.
live and sojourn in Philippine Territory
 Jurisdiction of civil courts is not affected by the Regional Trial Courts- have original jurisdiction over all crimes
military character of the accused and offenses committed on the high seas or beyond the
 Articles of War shall- case involving a person subject jurisdiction of any country on board a ship or warcraft of any
to military law kind registered or licensed in the Philippines in accordance
 Service-connected crimes- tried by court martial with its laws.

Exceptions: Rules of foreign merchant vessels while in territory of

another country
a. Treaty stipulations and international agreements
b. Laws of preferential application 1. French Rule- such crimes are not triable unless it
c. Public international law affects peace and security of the territory or the
 Sovereigns and other chiefs of state safety of the state
 2. English Rule- such crimes are triable in that country 3. The act is performed or the omission incurred by
unless they merely affect things within the vessel or means of dolo or culpa.
they refer to the internal management
Act- any bodily movement tending to produce some effect in
Warships- territory of the country to which they belong and the external world.
cannot be subjected to the laws of another state
Omission- failure to perform a positive duty which one is
3. Prospective- crimes are punished under the laws in bound to do. There must be a law requiring the doing or
force at the time of their commission performance of an act.

Exception- when the new statute is more lenient or favorable Two type of felonies
to the accused, it can be given retroactive effect
1. Intentional felonies- the act or omission of the
 Expressly made inapplicable to pending actions or offender is malicious. The act is performed with
existing causes of action deliberate intent.
 When the offender is a habitual criminal (within a 2. Culpable felonies- the act or omission of the
period of ten years from the date of his release or offender is not malicious. It is unintentional.
last conviction found guilty of any of said crimes a Wrongful act results from imprudence, negligence,
third time or oftener) lack of foresight, or lack of skill.

New law/repeal Imprudence- deficiency of action, lack of skill

 Lighter penalty- new shall be applied Negligence- deficiency of perception, lack of foresight
 Heavier penalty- law at the time of the commission
A criminal act is presumed to be voluntary.
 Total repeal- crime is obliterated
Requisites of dolo or malice
Self-repealing laws- repealed at the time of its expiration
1. FREEDOM- when a person acts without freedom, he
Construction of repealing laws
is no longer a human being but a tool
 Strictly construed against the Government and 2. INTELLIGENCE- power to determine the morality of
liberally in favor of the accused human acts
 Spanish text is controlling 3. INTENT- presumed from the commission of an
unlawful act
Two theories of criminal law
Requisites of mistake of fact as a defense
1. Classical Theory- basis of criminal liability is human
free will and the purpose of penalty is retribution. 1. Act done would have been lawful had the facts as
Man is a moral creature with free will to choose the accused believe them to be
between good and evil. 2. Intention of the act is lawful
2. Positivist Theory- man is influenced by a morbid 3. Mistake must be without fault or carelessness on the
phenomenon and would act irrationally. Purpose of part of the accused
penalty is reformation.
Requisites of culpable felony
Art. 3. Definitions. — Acts and omissions punishable by law
1. FREEDOM- when a person acts without freedom, he
are felonies (delitos).
is no longer a human being but a tool
Felonies are committed not only be means of deceit (dolo) 2. INTELLIGENCE- power to determine the morality of
but also by means of fault (culpa). human acts
3. IMPRUDENCE, NEGLIGENCE, LACK OF FORESIGHT
There is deceit when the act is performed with deliberate OR SKILL
intent and there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill. Third class of crimes are punished by special laws- it is enough
that the prohibited act is done freely and consciously.
Felonies- acts and omissions punishable by the RPC.
Mala in se- wrongful from their nature, criminal intent
Elements of felonies
Mala prohibita- wrong merely because prohibited by statute,
1. There must be an at or omission sufficient it was intentionally done
2. It must be punishable by the RPC
Motive- moving power which impels one to action for a Not an intervening cause
definite result. It is not an essential element of a crime.
 Weakness or disease of the victim
Intent- purpose to use a particular means to effect such result  Nervousness or temperament of the victim
 Causes which are inherent in the victim
Motive when relevant
 Neglect of the victim or third person
 Identity of accused  Erroneous or unskillful medical treatment
 Antagonistic theories- two version of the killings  Delay in the treatment
 No eyewitnesses
Requisites of impossible crime
 Circumstantial evidence
1. Act performed would be an offense against persons
It is established by the testimony of witnesses on the acts or
or property
statements of the accused before or immediately after the
2. Act was done with evil intent
commission of the offense.
3. Its accomplishment is inherently impossible or that
Art. 4. Criminal liability. — Criminal liability shall be the means employed is either inadequate or
incurred: ineffectual
4. Act performed should not constitute a violation of
1. By any person committing a felony (delito) although the another provision of the RPC
wrongful act done be different from that which he intended.
2 kinds of inherent impossibility?
2. By any person performing an act which would be an
offense against persons or property, were it not for the 1. Legal impossibility - occurs where the intended acts,
inherent impossibility of its accomplishment or an account even if completed, would not amount to a crime. It
of the employment of inadequate or ineffectual means. would apply to those circumstances where:
a. the motive, desire and expectation is to
A person is still liable: perform an act in violation of the law;
1. Mistake in the identity of the victim (error in b. there is intention to perform the physical
personae) act;
2. Mistake in the blow (aberratio ictus) c. there is a performance of the intended
3. Result is greater than that intended (praeter physical act; and
intentionem) d. the consequence resulting from the
intended act does not amount to a crime
Person is still criminally liable for a different felony that which 2. Factual impossibility - occurs when extraneous
he intended circumstances unknown to the actor or beyond his
control prevent the consummation of the intended
a. An intentional felony has been committed
crime.
b. Wrong done to the aggrieved party be direct,
natural and logical consequence of the felony Art. 6. Consummated, frustrated, and attempted felonies. —
committed by the offender Consummated felonies as well as those which are frustrated
and attempted, are punishable.
A person is criminally responsible for acts committed by him
in violation of the law and for all the natural and logical A felony is consummated when all the elements necessary
consequences resulting therefrom. for its execution and accomplishment are present; and it is
frustrated when the offender performs all the acts of
Proximate cause- cause which in natural and continuous
execution which would produce the felony as a consequence
sequence, unbroken by any efficient intervening cause,
but which, nevertheless, do not produce it by reason of
produces the injury.
causes independent of the will of the perpetrator.
Not the proximate cause
There is an attempt when the offender commences the
a. There is an active force that intervened between the commission of a felony directly or over acts, and does not
felony committed and the resulting injury and the perform all the acts of execution which should produce the
active force is distinct act or fact absolutely foreign felony by reason of some cause or accident other than this
from the felonious act of the accused own spontaneous desistance.
b. Resulting injury is due to the intentional act of the
Development of a crime
victim
a. Internal acts- mere ideas in the mind of a person
b. External acts
 1. Preparatory acts- ordinarily not punishable 3. But the felony is not produced
2. Acts of execution- attempted, frustrated, 4. By reason of causes independent of the will of the
consummated perpetrator

Attempted Felony- it never passes the subjective phase of In homicide or murder, the crime is consummated if the
the offense victim dies. If the victim survives, the crime is frustrated.
1. Offender commences the commission of the felony
If after the first blow, someone had rushed to the assistance
directly by overt acts
of the victim and the defendant NOT believing that he had
2. He does not perform all acts of execution which
performed all the acts necessary to cause the death-
would produce a felony
attempted murder.
3. Offender’s act is not stopped by his own
spontaneous desistance If the wound inflicted was mortal, frustrated. No wound
4. The non-performance of all acts of execution was inflicted or the wound was not mortal, attempted.
due to cause or accident other than his
spontaneous desistance If the crime is not produced because of the timely
intervention of a third person, it is frustrated.
Overt act- is some physical activity or deed indicating the
If the crime is not produced because the offender himself
intention to commit a particular crime. It may not be by
prevented its consummation, there is no frustrated felony, for
physical activity.
the 4th element is not present. Ex. From murder to physical
injuries
Indeterminate offense- purpose of the offender in
performing an act is not certain. Its nature in relation to its Frustrated Attempted
objective is ambiguous. The offender has not accomplished his criminal purpose
 Only offenders who personally execute the The offender has performed The offender merely
commission of a crime can be guilty of attempted all the acts of execution commences the
felony. which would produce the commission of a felony
 When there is conspiracy, the rule is- the act of one felony. directly by overt acts and
is the act of all. does not perform all the
 If anything, yet remained for him to do, he would be acts of execution.
guilty of an attempted crime.
 One who takes part in planning a criminal act but Attempted/Frustrated Impossible Crime
desists in its actual commission is exempt from The evil intent of the offender is not accomplished
criminal liability. The evil intent is possible of The evil intent cannot be
accomplishment accomplished
The desistance should be made before all the acts of Intervention of certain It is inherently impossible of
execution are performed. cause or accident in which accomplishment or because
the offender had no part the means employed by the
Spontaneous desistance of a malefactor exempts him from offender is inadequate or
criminal liability for the intended crime but it does not ineffectual
exempt him from the crime committed by him before his
desistance. Consummated felony- when all the elements necessary for
its execution and accomplishment are present. Every crime
Attempted vs physical injury- intent to kill vs intent to injure. has its own elements which must all be present constitutes a
If died, intent to kill is presumed. culpable violation of a precept of law.
In attempted felony, the offender never passes the subjective
phase of offense. Crimes and their elements
Subjective phase- starting from the point where the offender 1. Parricide
begins the commission of the crime to that point where he a. That a person is killed.
has still control over his acts, including their natural course. b. That the deceased is killed by the accused.
Frustrated Felony- reached the objective phase c. That the deceased is the father, mother, or
1. The offender performs all acts of execution child, whether legitimate or illegitimate, or
2. All the acts performed would produce the felony as a a legitimate other ascendant or other
consequence
 descendant, or the legitimate spouse of the the circumstances mentioned above be
accused. present
2. Murder e. By any person who, under any of the
a. That a person was killed. circumstances mentioned in par 1 hereof,
b. That the accused killed him. shall commit an act of sexual assault by
c. That the killing was attended by any of the inserting
following qualifying circumstances: i. his penis into another person’s
i. with treachery, taking advantage mouth or anal orifice, or
of superior strength, with the aid ii. any instrument or object, into the
or armed men, or employing genital or anal orifice of another
means to weaken the defense or of person
means or persons to insure or 5. Robbery
afford impunity a. That there be personal property belonging
ii. in consideration of price, reward or to another.
promise b. That there is unlawful taking of that
iii. by means of inundation, fire, property.
poison, explosion, shipwreck, c. That the taking must be with intent to gain,
stranding of vessel, derailment or and
assault upon a street car or d. That there is violence against or
locomotive, fall of airship, by intimidation of any person, or force upon
means of motor vehicles or with anything
the use of any other means 6. Theft
involving great waste or ruin a. That there be taking of personal property.
iv. on occasion of any of the b. That said property belongs to another.
calamities enumerated in the c. That the taking be done with intent to gain.
preceding paragraph, or of an d. That the taking be done without the
earthquake, eruption of a volcano, consent of the owner.
destructive cyclone, epidemic or e. That the taking be accomplished without
any other public calamity the use of violence against or intimidation
v. with evident premeditation of persons or force upon things.
vi. with cruelty, by deliberately and 7. Estafa
inhumanely augmenting the a. That the accused defrauded another (a.) by
suffering of the victim or outraging abuse of confidence, or (b) or means of
or scoffing at his person or corpse deceit and
d. The killing is not parricide or infanticide. b. That damage or prejudice capable of
3. Homicide pecuniary estimation is caused to the
a. That a person was killed. offended party or third person
b. That the accused killed him without any 8. Less Serious Physical Injuries
justifying circumstances. a. That the offended party is incapacitated for
c. That the accused had the intention to kill, labor for 10 days or more (but not more
which is presumed. than 30 days), or needs medical attendance
d. That the killing was not attended by any of for the same period of time
the qualifying circumstances of murder, or b. That the physical injuries must not be those
by that of parricide or infanticide. described in the preceding articles
4. Rape- By a man who have carnal knowledge of a
Theft can only be attempted or consummated. No crime of
woman under any of the following circumstances:
frustrated theft.
a. through force, threat or intimidation
b. when the offended party is deprived of Unlawful taking is deemed complete from the moment the
reason or otherwise unconscious offender gains possession of the thing, even he has no
c. by means of fraudulent machination or opportunity to dispose of the same.
grave abuse of authority
d. when the offended party is under 12 years Manner of committing the crime
of age or is demented, even though none of
1. Formal Crimes- consummated in one instant, no
attempt. Ex. Slander and false testimony.
 2. Crimes consummated by mere attempt or proposal 3. That the execution of the felony is decided upon
or by overt act. Ex. Flight to enemy’s country,
Direct proof is not essential to establish conspiracy. Quantum
corruption of minors, treason
of proof required to establish conspiracy.
3. Felony by omission- no attempted stage when the
felony is by commission If the crime of treason or rebellion was actually committed
4. Crimes requiring the intervention of two persons to after and because of the proposal- proponent will be liable
commit them are consummated by mere agreement. for treason or rebellion as a principal by inducement.
Ex. Betting in sports contests and corruption of
public officer. If the offer is rejected, attempted Requisites of proposal:
felony. 1. That a person has decided to commit a felony
5. Material crimes- three stages of execution 2. That he proposes its execution to some other person
 No crime of frustrated rape or persons

There is no attempted or frustrated impossible crime What constitutes the felony of proposal to commit treason or
rebellion is the making of proposal. The law does not require
ARTICLE 7. When Light Felonies are Punishable. — Light that the proposal be accepted by the person to whom the
felonies are punishable only when they have been proposal is made.
consummated, with the exception of those committed
against person or property. The crimes in which conspiracy and proposal:
1. Treason- against external security
Light felonies- those infractions of law for the commission of 2. Coup d’etat, rebellion and sedition- against internal
which the penalty or arresto menor (1 day to 30 days) or a security
fine not exceeding Php200, or both, is provided. 3. Monopolies and combinations in restraint of trade-
against economic security
1. Slight physical injuries
2. Theft ARTICLE 9. Grave Felonies, Less Grave Felonies and Light
3. Alteration of boundary marks Felonies. — Grave felonies are those to which the law
4. Malicious Mischief attaches the capital punishment or penalties which in any of
5. Intriguing against honor their periods are afflictive, in accordance with article 25 of
this Code.
ARTICLE 8. Conspiracy and Proposal to Commit Felony. —
Conspiracy and proposal to commit felony are punishable Less grave felonies are those which the law punishes with
only in the cases in which the law specially provides a penalties which in their maximum period are correctional, in
penalty therefor. accordance with the abovementioned article.
A conspiracy exists when two or more persons come to an Light felonies are those infractions of law for the
agreement concerning the commission of a felony and commission of which the penalty of arresto menor or a fine
decide to commit it. not exceeding 200 pesos or both, is provided.
There is proposal when the person who has decided to Grave Felonies- Fine Php 6,001 and above
commit a felony proposes its execution to some other 1. Death
person or persons. 2. Reclusion Perpetua
3. Reclusion Temporal
Mere conspiracy or proposal is not a felony.
4. Perpetual or temporary absolute disqualification
A conspiracy exists when two or more persons come to an 5. Perpetual or temporary special disqualification
agreement concerning the commission of a felony and decide 6. Prision Mayor
to commit it. Generally, it is not a crime unless the law Less Grave Felonies- Fine Php 201- Php 6000
specifically provides a penalty thereof as in treason, rebellion 1. Prision Correcional
and sedition. 2. Arresto Mayor
3. Destierro
When the conspiracy relates to a crime actually committed, it Light Felonies
is not a felony but only a manner of incurring criminal liability. 1. Arresto Menor
(act of one is the act of all) 2. Fine not exceeding 200
Requisites of conspiracy:
1. That two or more persons came to an agreement ARTICLE 10. Offenses Not Subject to the Provisions of this
2. That the agreement concerned the commission of a Code. — Offenses which are or in the future may be
felony punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to A light push on the head with the hand does not constitute
such laws, unless the latter should specially provide the unlawful aggression. A mere push or shove, not followed by
contrary. other acts, does not constitute unlawful aggression.

A slap on the face is an unlawful aggression- the face

Justifying Circumstances- are those where the act of a person
represents a person and his dignity; slapping is a serious
is said to be in accordance with law, so that such person is
personal attack.
deemed not to have transgressed the law and is free from
both criminal and civil liability. Retaliation is not self-defense. In retaliation, the aggression
that was begun by the injured party already ceased to exist
No civil liability except in no. 4. The civil liability is borne by when the accused attacked him. In self-defense, the
the person benefited by the act. aggression was still existing when the aggressor was injured
or disabled by the person making a defense.
1. Self-Defense
Anyone who acts in defense of his person or rights, provided The attack made by the deceased and the killing of the
that the following circumstances concur: deceased by defendant should succeed each other without
1. Unlawful aggression; appreciable interval of time.
2. Reasonable necessity of the means employed to
A public officer exceeding his authority may become an
prevent or repel it;
unlawful aggressor.
3. Lack of sufficient provocation on the part of the
person defending himself. Nature, character, location and extent of wound of the
accused allegedly inflicted by the injured party may belie the
Self-defense must be proved with certainty by sufficient, claim of self-defense.
satisfactory and convincing evidence. The burden of proof
rests upon the accused. Improbability of the deceased being the aggressor belies the
claim of self-defense.
Self-defense includes the defense of the person’s rights, right
to property and right to honor. When the aggressor flees, unlawful aggression no longer
exists. But if the aggressor is retreating to take more
Unlawful aggression- is equivalent to assault or at least advantageous position, the unlawful aggression is considered
threatened assault of an immediate and imminent kind. continuing.
There is unlawful aggression when the peril to one’s life, limb
or right is either actual or imminent. NO unlawful aggression when there is agreement to fight. But
if the aggression is ahead of the stipulated time and place, it
There must be actual physical force or actual use of weapon is unlawful.
or at least a threat to inflict real injury.
One who voluntarily joined a fight cannot claim self-defense.
Unlawful aggression is an indispensable requisite. There can
be no self-defense, complete or incomplete, unless the victim Unlawful aggression in defense of other rights.
has committed an unlawful aggression against the person 1. Attempt to rape a woman- defense of right to
defending himself. chastity.
Aggression must be unlawful 2. Defense of property
The fulfillment of a duty or the exercise of a right in  Can be invoked as a justifying circumstance only
amore or less violent manner is an aggression, but it is lawful. when it is coupled with an attack on the person
A person may use force or violence to protect his of one entrusted with said property.
property. 3. Defense of home

The belief of the accused may be considered in determining

There is unlawful aggression when the peril to one’s life, limb the existence of unlawful aggression.
or right is either actual or imminent.
Actual- the danger must be present, that is, actually in A mere threatening or intimidating attitude, not preceded by
existence. an outward and material aggression, is not unlawful
Imminent- that the danger is on the point of happening. It is aggression, because it is required that the act be offensive
not required that the attack already begins, for it may be too and positively strong, showing the wrongful intent of the
late. aggressor to cause an injury.

When intent to attack is manifest, picking up a weapon is

sufficient unlawful aggressor.
An aggression that is expected is still real, provided it is The provocation must be sufficient, which means that it
imminent. should be proportionate to the act of aggression and
adequate to stir the aggressor to its commission.
Reasonable necessity of the means employed to prevent or
repel it To engage in a verbal argument cannot be considered
sufficient provocation.
The second requisite of defense presupposes the existence of
unlawful aggression, which is either imminent or actual. 1. To Battered Woman Syndrome- can be a justifying circumstance
Prevent and 2. To Repel Any woman may find herself in an abusive relationship with a
man once. If it occurs a second time, and she remains in the
The reasonableness of the necessity depends upon the
situation, she is defined as a battered woman syndrome.
circumstances
1. Necessity of the course of action taken
Flight, incompatible with self-defense
a. Place and occasion of the assault
considered Defense of Relatives
b. The darkness of the night and the surprise
Relatives that can be defended
which characterized the assault considered
1. Spouse
When only minor physical injuries are inflicted after unlawful 2. Ascendants
aggression has ceased to exist, there is still self-defense if 3. Descendants
mortal wounds were inflicted at the time the requisites of 4. Legitimate, natural, or adopted brothers and sisters,
self-defense were present. or relatives by affinity in the same degrees
5. Relatives by consanguinity within the fourth civil
The person defending is not expected to control his blow.
degree
However, he is not to indiscriminately fire his deadly weapon.

2. Necessity of the means used Requisites of defense of relatives

1. Unlawful aggression
Test of reasonableness 2. Reasonable necessity of the means employed to
prevent or repel it
a. The nature and quality of the weapons
3. In case the provocation was given by the person
b. Physical condition, character and size
attacked, the one making a defense had no part
c. Other circumstances considered
therein
Reasonable necessity of means employed to prevent or repel The fact that the relative defended gave provocation is
unlawful aggression to be liberally construed in favor of law- immaterial.
abiding citizens. Defense of Strangers

First two requisites common to three kinds of legitimate Requisites of defense of Strangers
defense. 1. Unlawful aggression
2. Reasonable necessity of the means employed to
Lack of sufficient provocation on the part of the person prevent or repel it
defending himself 3. The person defending be not induced by revenge,
When the person defending himself from the attack by resentment, or other evil motive.
another gave sufficient provocation to the latter, the former Who are deemed strangers?
is also to be blamed for having given cause for the aggression. Any person not included in the enumeration of relatives
1. When no provocation at all was given to the mentioned in paragraph 2.
aggressor by the person defending himself
2. When, even if a provocation was given, it was not
sufficient Any person who, in order to avoid an evil or injury, does an
3. When, even if the provocation was sufficient, it was act which causes damage to another, provided that the
not given by the person defending himself following requisites are present:
4. When, even if a provocation was given by the person 1. That the evil sought to be avoided actually exists;
defending himself, it was not proximate and 2. That the injury feared be greater than that done to
immediate to the act of aggression avoid it;
3. That there be no other practical and less harmful
means of preventing it.
Damage to another- this term covers injury to persons and Any person who acts in obedience to an order issued by a
damage to property superior for some lawful purpose.

If the evil sought to be avoided is merely expected or Requisites

anticipated or may happen in the future, is it not applicable. 1. That an order has been issued by a superior
2. That such order must be for some lawful purpose
The great evil should not be brought about by the negligence
3. That the means used by the subordinate to carry out
or imprudence of the actor.
said order is lawful
When the accused was not avoiding evil, he cannot invoke Both the person who gives the order and the person who
the justifying circumstance of avoidance of a greater evil or executed it, must be acting within the limitations prescribed
injury. by law.

The persons for whose benefit the harm has been prevented, When the order is not for a lawful purpose, the subordinate
shall be civilly liable in proportion to the benefit which they who obeyed it is criminally liable.
may have received.
The subordinate is not liable for carrying out an illegal order
Any person who acts in the fulfillment of a duty or in the of his superior, if he is not aware of the illegality if the order
lawful exercise of a right or office. and he is not negligent.

Requisites
1. That the accused acted in the performance of a duty
or in the lawful exercise of a right or office
2. That the injury caused or the offenses committed be
the necessary consequence of the due performance
of duty or lawful exercise of such right or office.

People v Delima- the deceased was under the obligation to

surrender, and had no right, after evading service of his
sentence, to commit assault and disobedience with a weapon
in his hand, which compelled the policeman to resort to such
an extreme means, which, although it proved to be fatal, was
justified by the circumstances.

Shooting of prisoner by guard must be in self-defense or

absolutely necessary to avoid his escape.

Shooting an offender who refused to surrender is justified.

But shooting a thief who refused to be arrested is not
justified.

The attitude adopted by the deceased in putting his hands in

his pocket is not sufficient to justify the accused to shoot him.

The public officer acting in the fulfillment of a duty may

appear to be an aggressor but his aggression is not unlawful,
it being necessary to fulfill his duty.

Lawful Exercise of right- the owner or lawful possessor of a

thing has the right to exclude any person from the enjoyment
and disposal thereof.

The actual invasion of property may consist of a mere

disturbance of possession or of a real dispossession.

Lawful Exercise of office- the executioner of the Bilibid Prison

cannot be held liable for murder performed by him or a
surgeon who amputated the leg of a patient to save him.