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Criminal Law 1 Reviewer
Criminal law 1 (De La Salle Lipa)
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REVISED PENAL CODE
*Rights that may be waived are personal while those that
may not be waived involve public interest
(Act. No. 3815, as amended)
Criminal Law
- Branch or division of law which defines crimes,
treats of their nature, and provides for their
punishment
Characteristics of Criminal Law
1. GENERAL
GENERAL RULE: Criminal law is binding on all persons
who live or sojourn in Philippine territory, whether
citizens or not.
Crimes
- An act committed or omitted in violation of a public
law forbidding or commanding it.
- Felony: RPC
Offense: Special Penal Laws
Infraction of an Ordinance: Ordinance
EXCEPTIONS:
(1) Article 2 of the RPC
a. Treaties (e.g. Bases Agreement between
Philippines and America, RP-US Visiting
Forces Accord between Philippines and
America, etc.)
b. Law of preferential application (e.g. R.A. 75
which penalizes acts which would impair
the proper observance by the Republic and
its inhabitants of the immunities, rights,
and privileges of duly accredited foreign
diplomatic
representatives
in
the
Philippines.)
Sources of Philippine Criminal Law
1. The RPC and its amendments
2. Special penal laws passed by the Philippine
Commission, Philippine Assembly, Philippine
Legislature, National Assembly, the Congress of the
Philippines, and the Batasang Pambansa
3. Penal Presidential Decrees issued during Martial
Law
NOTE: Not applicable when the foreign country
adversely affected does not provide similar
protection
No Common Law Crimes in Ph
- Common law: the body of principles, usages and
rules of action, which do not rest for their authority
upon any express and positive declaration of the
will of the legislature
Warship Rule
The nationality of such warship determines the
applicable penal laws to crimes committed therein,
as they are considered to be an extension of the
territory of the country to which they belong. Thus,
their respective national laws shall apply to such
vessels wherever they may be found.
Nullum crime, nulla poena sine lege
- There is no crime where there is no law punishing it
Limitations of the power of the Legislative
Bill of Rights imposes the following limitations:
1. No ex post facto law or bill of attainder shall be
enacted
Ex post facto law: retroactive law which are
prejudicial to the accused
Bill of Attainder: a legislative act which inflicts
punishment without trial
2. No person shall be held to answer for a criminal
offense without due process
- Criminal laws must be of general application
and must clearly define the acts and omissions
punished as crimes
(2) Article 14 of the New Civil Code
Subject to the principles of public international law
and to treaty stipulations. Persons exempt from the
operation of our criminal laws by virtue of the
principles of public international law
a. Sovereigns and other chiefs of state.
b. Ambassadors, Ministers, Plenipotentiary,
Ministers Resident, Charges d’Affaires. (AM,
MP, MR, CdA)
NOTE: Consuls, vice-consuls and other
commercial representatives (i.e. commercial
attaché) of foreign nation are NOT entitled to
the privileges and immunities of an
ambassador or minister, in the absence of a
treaty to the contrary (Bar 2011)
Constitutional Rights
Statutory Rights
Rights which may be
waived
Right of accused
confrontation
Rights which may not be
waived
to
Right of the accused to
cross-examination
Right of the accused to be
informed of the nature and
cause of the accusation
against him
2.
TERRRITORIAL
GENERAL RULE: Penal laws are enforceable only within
the Philippine territory.
This includes the Philippine Archipelago, including its
atmosphere, its interior waters, and maritime zone.
(Art. 2, RPC)
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3.
PROSPECTIVE
GENERAL RULE: A penal law cannot make an act
punishable in a manner in which it was not punishable
when committed.
REASON: Under Art. 366 of the RPC, crimes are punished
under the laws in force at the time of commission.
EXCEPTION: Whenever a new statute dealing with
crime establishes conditions more lenient or favorable
to the accused, it can be given retroactive effect
EXCEPTION TO THE EXCEPTION:
(1) Where the new law is expressly made
inapplicable to pending actions or existing
causes of action.
(2) Where the offender is a habitual delinquent.
THEORIES IN CRIMINAL LAW
1. School of thought followed by the Revised Penal
Code.
Characteristics:
a. The basis of criminal liability is human free
will; purpose of penalty is retribution.
b. That man is essentially a moral creature with
an absolute free will to choose between good
and evil, thereby placing more stress upon the
effect or result of the felonious act than upon
the man, the criminal himself.
c. It has endeavored to establish a direct and
mechanical proportion between the crime and
the liability.
d. There is scant regard to the human element.
2.
Positivists theory
Crime is essentially a social a natural
phenomenon, and as such, it cannot be treated
and checked by the application of abstract
principles of law and jurisprudence nor by the
imposition of a punishment, fixed and
determined as basis; rather through the
enforcement of individual measures in each
particular case after a thorough, personal, and
individual investigation conduction by a
competent body of psychiatrists and social
scientists.
3.
Mixed Theory
KINDS OF REPEAL
(1) Absolute or Total Repeal
A repeal is absolute when the crime
punished under the repealed law has been
decriminalized by the subsequent law
(2) Partial or Relative Repeal
A repeal is partial when the crime punished
under the repealed law continues to be a
crime in spite of the repeal
DIFFERENT EFFECTS OF REPEAL ON PENAL LAW
(1) If the repeal/amendment on law makes the
penalty lighter in the new/amended law, the
new/amended law shall be applied, subject to
the exceptions.
(2) If the new/amended law imposes a heavier
penalty, the law in force at the time of the
commission of the offense shall be applied.
(3) If the new/amended law totally repeals the
existing law so that the act which was
penalized under the old law is no longer
punishable, the crime is obliterated.
(4) When the new law and old law penalize the
same offense, the offender can be tried under
the old law.
(5) A person erroneously accused and convicted
under a repealed statute may be punished
under the repealing statute.
NOTE: The accused must have an
opportunity to defend himself against the
charge brought against him.
(6) A self-repealing law has the effect same as
though it had been repealed at the time of its
expiration.
Art. 1. Time when Act takes effect – This Code shall take
effect on the first day of January, nineteen hundred and
thirty-two.
Art. 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, it interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
1. Should commit an offense while on a
Philippine ship or airship;
2. Should forge or counterfeit any coin or
currency note of the Philippines Islands or
obligation and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the
introduction into these Islands of the
obligations and securities mentioned in the
preceding number;
4. While being public officers or employees,
should commit an offense in the exercise of
their functions; or
5. Should commit any of the crimes against
national security and the law of nations,
defined in Title One of Book Two of this Code.
The provisions of RPC shall be enforced not only within the
Philippine Archipelago but also outside of its jurisdiction in
certain cases
EXCEPTIONS: (Extra-territoriality)
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(1) Offenses committed while on a Philippine ship or airship
Requisites:
a. It must be registered in the Philippine Bureau
of Customs or MARINA (Maritime Industry
Authority), as the case may be;
b. The crime must be committed in the Philippine
waters or the high seas, and not within the
territorial jurisdiction of another country.
(2) Should forge or counterfeit any coin or currency note of
the Philippines or obligations and securities issued by
the Government
● If forgery was committed abroad, it must refer
only to Philippine coin, currency note, or
obligations and securities.
● Obligations and securities of the GSIS, SSS, and
Landbank are not government issuances.
Foreign Merchant Vessel
When a foreign merchant vessel enters the 12
nautical-mile limit, the ship’s officers and crew
become subject to the jurisdiction of our courts
Continuing crime committed on board a foreign
merchant vessel sailing from abroad to PH are
triable by Ph courts
French Rule
English Rule
General Rule
Crimes committed
aboard a vessel within
the territorial waters of a
country are not triable in
the courts of said
country.
Crimes committed
aboard a vessel within
the territorial waters of a
country are triable in the
courts of such country.
Exception
When the crimes merely
affect things within the
vessel or when they only
refer to the internal
management thereof.
When their commission
affects the peace and
security of the territory
or when the safety of the
state is endangered.
*Philippines observe the English Rule
Only those that disturb public peace are triable in
Ph
Exception: OPIUM
● Mere possession of opium on aboard a
foreign merchant vessel in transit is not
triable in PH courts
● When foreign merchant vessel is not in
transit because the Philippines is its
terminal port, the person in possession of
opium on board that vessel is liable (illegal
importation of opium)
● Smoking opium aboard a merchant vessel
within the territorial limits is breach of the
public order hence, PH courts have
jurisdiction
A distinction must be made between merchant ships
and warships; the former is more or less subjected
to the territorial laws.
(3) Should be liable for acts connected with the introduction
into the Philippines of the obligations and securities
mentioned in the preceding number
● Those who introduced the counterfeit items are
criminally liable even if they were not the ones
who counterfeited the obligations and
securities.
● This paragraph only refers to obligations and
securities issued by the Government of the
Philippine Island, not coin or currency note of
the Philippine Islands.
● Introduction of coin or currency note of the
Philippine Islands is not subject to this
paragraph.
(4) While being a public officer, should commit an offense in
the exercise of his functions
Crimes committed by public officers:
a. Direct bribery (Art. 210)
b. Indirect Bribery (Art. 215)
c. Qualified Bribery (Art. 211-A)
d. Corruption (Art. 212)
e. Fraud Against Public Treasury and Similar
b. Offenses (Art. 213)
a. Possession of Prohibited Interest (Art. 216)
b. Malversation of Public Funds or Property (Art.
c. 217)
a. Failure to Render Accounts (Art. 218)
b. Failure to Render Accounts Before Leaving the
d. Country (Art. 219)
a. Illegal Use of Public Funds or Property (Art.
220)
b. Failure to Make Delivery of Public
e. Funds/Property (Art. 221)
a. Falsification (Art. 171)
NOTE: A crime committed within the grounds of a
Philippine embassy on foreign soil shall be subject to
Philippine penal laws, although it may or may not have
been committed by a public officer in relation to his
official duties. Embassy grounds are considered as
extensions of the sovereignty of the country occupying
them.
(5) Should commit any crimes against the national security
and the law of nations
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NOTE: Limited only to the following crimes:
a. Treason (Art. 114)
b. Conspiracy and proposal to commit treason
(Art. 115)
c. Espionage (Art. 117)
d. Inciting to war and giving motives for reprisals
(Art. 118)
e. Violation of neutrality (Art. 119)
f. Correspondence with hostile country (Art. 120)
g. Flight to enemy’s country (Art. 121)
h. Piracy and mutiny on the high seas (Art. 122)
i. Terrorism (R.A. 9372 - Human Security Act)
TITLE ONE
Felonies and Circumstances Which Affect Criminal
Liability
CHAPTER ONE
Felonies
Art. 3. Definition – Acts and omissions punishable by
law are felonies (delitos.
Requisites of dolo or malice
(1) He must have freedom while doing an act of
omitting to do an act
Freedom: voluntariness on the part of the
person to commit the crime
(2) He must have intelligence while doing the act of
omitting to do the act
Intelligence: capacity to understand the
consequence of one’s act
(3) He must have intent while doing the act or omitting
to do the act
Intent: purpose to use a particular means to
affect such result
Intent to Kill:
a. Means used
b. Nature, location, and number of
wounds
c. Conduct of the offender before, after,
and during the act of the offense
d. Circumstances under which the crime
was committed
e. Motives of the accused
General Intent
Specific Intent
Felonies are committed not only be means of deceit
(dolo) but also by means of fault (culpa).
An intention to do a wrong.
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.
An intention to commit a
definite act.
Presumed to exist from the
mere doing of a wrongful
act
Existence of the intent is
not presumed.
The burden of proving the
absence of intent is upon
the accused.
The burden of proving the
existence of the intent is
upon the prosecution; as
such intent is an element of
the crime.
Felonies: acts and omissions punishable by RPC
Elements of Felonies
(1) That there must be an act or omission
ACT: Any bodily movement tending to produce
some effect in the external world. It must be an
external act which has direct connection with the
felony intended to be committed.
OMISSION: An inaction or failure to perform a
positive duty required by law.
(2) That the act or omission must be punishable by RPC
Nullum crimen, nulla poena sine lege
(3) That the act is performed or the omission incurred
by means of dolo or culpa
In either Intentional or Culpable Felonies, the act performed
must be voluntary.
Intentional Felonies
● The act or omission is performed with deliberate intent
or malice to do an injury.
● The offender has the intention to cause injury to the
person, property, or right of another
Culpable Felonies
● Act or omission is not malicious. (Performed without
malice). It is by mere fault, or by imprudence,
negligence, lack of foresight, or lack of skill.
● Crimes which cannot be committed through imprudence
or negligence are murder, treason, robbery, and
malicious mischief
Imprudence: indicates a deficiency of action; usually
involves lack of skills
Negligence: indicates a deficiency of perception; usually
involves lack of foresight
Requisites of culpa
(1) He must have freedom while doing an act or
omitting to do an act
(2) He must have intelligence while doing the act or
omitting to do the act
(3) He is imprudent, negligent or lacks foresight or
skill while doing the act or omitting to do the act
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Mistake in the identity of the intended victim is not
reckless imprudence
A person causing damage or injury to another, without
malice or fault, is not criminally liable under the Revised
Penal Code.
● May be liable under special penal laws
o Intent is not required in crimes
punished by special laws
o When the doing of an act is prohibited
by special law, it is considered that the
act is injurious to public welfare and
the doing of the prohibited act is the
crime itself
Mala in se
Laws Violated
Revised Penal Code
(General Rule)
Special Laws (General
Rule)
As to Stages in Execution
There are three stages:
attempted, frustrated, and
No such stages of
execution.
As to Persons Criminally Liable
As to nature
Wrong because it
prohibited by statute.
is
There are three stages:
attempted, frustrated, and
Unless otherwise provided,
only the principal is liable.
consummated.
Use of Good Faith Defense
Good faith is a valid
defense; unless the crime is
the result of culpa.
offenders is the SAME
whether they are merely
accomplices or accessories.
consummated.
Mala prohobita
Wrong from its very
nature; inherently evil
basis of whether he is a
principal offender, or
merely an accomplice, or
accessory.
As to Division of Penalties
Good faith is NOT a
defense.
Penalties may be divided
into degrees and periods.
There is NO such division of
penalties.
Use of intent as an element
Intent is an element.
Criminal intent is
immaterial.
Degree of Accomplishment of the Crime
The degree of
accomplishment of the
crime is taken into account
in punishing the offender
The act gives rise to a
crime only when it is
consummated
As to Mitigating and Aggravating Circumstances
Mitigating and
aggravating circumstances
are taken into account in
imposing the proper
penalty.
Mitigating
aggravating
and
circumstances are
generally NOT taken into
account in imposing the
proper penalty.
Degree of Participation
When there is more than
one offender, the degree of
participation of each in the
commission of the crime is
taken into account.
Degree of participation is
generally NOT taken into
account. All who
participated in the act are
punished to the same
extent.
Mala Prohibita
● Generally, applies to crimes punishable by special laws.
● General Rule: Criminal intent is NOT necessary, it being
sufficient that the offender has the intent to perpetrate
the act prohibited by the special law unless the special
law itself expressly requires intent (“knowingly” or
“maliciously”).
● The act alone, in crimes punishable by special laws,
constitutes the offense.
● Good faith and absence of criminal intent are NOT valid
defenses.
Intent
It is the purpose to use a
particular means to effect
such result
It is the moving power
which impels one to act for
a definite result
It is an element of a crime,
except unintentional
crimes
It is not an essential
element of a crime
It is essential only to
intentional felonies
It is essential only when:
As to Persons Criminally Liable
Penalty is computed on the
Motive
The penalty on the
a.
b.
the identity of the
perpetrator or the
specific crime
committed is in doubt.
In ascertaining the
truth between two
antagonistic theories
or versions of the
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c.
d.
killing
There are no
eyewitnesses to the
crime and suspicion is
likely to fall upon a
number of persons
The evidence is merely
circumstantial
Motive is proved and established by the testimony of
witnesses on the acts or statements of the accused before or
immediatelt after the commission of the offense.
Noted: Proof of motive alone is not sufficient to support a
conviction
SPECIAL FACTORS AFFECTING INTENT AND
CRIMINAL LIABILITY
(1) Mistake of Fact — Negates criminal liability, akin to
justifying circumstance under Art. 11
(2) Aberratio Ictus (Mistake in Blow) — Generally
increases criminal liability, as a complex crime (Art.
48)
(3) Error in personae (Mistake in Identity) — May or
may not lower criminal liability depending on
whether the actual crime committed and the
intended crime are of equal or different gravity
(Art. 49)
(4) Praeter Intentionem (No intent to cause so grave a
wrong as that committed) — Lowers criminal
liability as a mitigating circumstance under Art. 13
(5) Proximate Cause (The cause of the cause is the
cause of the evil caused) — Gives rise to criminal
liability by analogy to Art. 4, par. 1
Mistake of Fact
● A misapprehension of fact on the part of the person who
cause injury to another. He is not criminally liable
because he did not act with criminal intent
● It destroys the presumption of criminal intent
which arises upon the commission of a felonious
act.
● It is NOT applicable in culpable felonies.
● It CANNOT be invoked in error in personae or
mistake in identity.
● Requisites of mistake of fact as a defense:
1. That the act down would have been lawful had the
facts been as the accused believed them to be
2. That the intention of the accused in performing the
act should be lawful
3. That the mistake must be without fault or
carelessness on the part of the accused
Aberratio Ictus (Mistake in Blow)
● The offender intends the injury on one person but the
harm fell on another, or both.
● The act may result in a complex crime (Art. 48) or in
two or more separate felonies, but there is only one
intent that characterized the crimes.
Error in Personae (Mistake in Identity)
● The offender committed a mistake in ascertaining the
identity of the victim
NOTE: The fact that the victims were different from the
one the offender intended cannot exculpate him. Mistake
in the identity of the victim carries the same gravity as
when the accused zeroes in on is intended victim. The
main reason is that the accused had acted with such a
disregard for the life of victims without checking
carefully the latter’s id entity as to place himself on the
same legal plain as the one who kills another wilfully. It
is not a mitigating circumstance
Mistake in Blow
Mistake in Identity
3 persons involved: the
offender, the actual victim,
and the intended victim.
2 persons present: the
offender and the actual
victim
Generally aggravates the
liability for a complex
crime or two separate
felonies may be committed
because there could be two
victims
May or may not be
mitigating
Praeter Intentionem (No intent to cause so grave a wrong as
that committed)
● The injury is on the intended victim but the resulting
injury or wrong is so grave than what was intended.
There is a great disparity between the intended felony
and the actual felony committed.
● This is a mitigating circumstance (Art. 13,(3)). But if the
means used to commit the desired crime would also
logically and naturally bring about the actual felony
committed, praeter intentionem will not be appreciated.
Proximate Cause (The cause of the cause is the cause of the
evil caused)
● Proximate cause is that cause which, in its natural and
continuous sequence, unbroken by an efficient
intervening cause, produces the injury, and without
which the result would not have occurred. That acting
first and producing the injury, either immediately or
setting other events in motion, all constituting a natural
and continuous chain of events, each having a close
causal connection with its immediate predecessor, the
final event in the chain immediately effecting the injury
as a natural and probable result of the cause which first
acted, under such circumstances that the person
responsible for the first event should, as an ordinary and
prudent and intelligence person, have reasonable
ground to expect at the moment of his act or default
that an injury to some person might probably result
therefrom.
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Art. 4. Criminal Liability – Criminal liability shall be
incurred:
1. By any person committing a felony (delito)
although the wrongful act done be different
from that which he intended
2. 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.
A person who performs a criminal act is responsible for all
the consequences of said act regardless of his intention
Elements of Proximate Cause
(1) The intended act is felonious
(2) The resulting act is felonious
(3) The wrong done to the aggrieved party be the
direct, natural, and logical consequence of the
felony committed by the offender
The felony committed is not the proximate cause of the
resulting injury when:
(1) There is an active force that intervened between the
felony committed and the resulting injury, and the
active force is a distinct act of fact absolutely
foreign from the felonious act of the accused; or
(2) The resulting injury is due to the intentional act of
the victim
Intervening Causes: active force that intervened between the
felony committed and the resulting injury.
When death is presumed to be the natural consequence of
physical injuries inflicted:
1. That the victim at the time the physical injuries
were inflicted was in normal health
2. That death may be expected from the physical
injuries inflicted
3. That death ensued within a reasonable time
No felony is committed when:
(1) The act or omission is not punishable by the RPC
(2) When that act is covered by any of the justifying
circumstances enumerated in Art. 11
Impossible Crimes
● Requisites:
a. That the act performed would be an offense against
persons or property
b. That the act was done with evil intent
c. That its accomplishment is inherently impossible, or
that the means employed is either inadequate or
ineffectual
d. That the act performed should not constitute a
violation of another provision of the RPC
● Purpose of the law in punishing the impossible crime:
To suppress criminal propensity or criminal
tendencies. Objectively, the offender has not
committed a felony, but subjectively, he is a
criminal.
Art. 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
statement as may be deemed proper, without
suspending the execution of the sentence, when a strict
enforcement of the provisions of the 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.
1st paragraph contemplates a trial of a criminal case
a. The act committed by the accused appears not
punishable by any law
b. But the court deems it proper to repress such act
c. In that case, the court must render the proper
decision by dismissing the case and acquitting the
accused
d. The judge must then make a report to the Chief
Executive, through the Department of Justice,
stating the reason which induce him to believe that
the said act should be made the subject of penal
legislation
2nd paragraph contemplates in case of excessive penalties
a. The court after trial finds the accused guilty
b. The penalty provided by law and which the court
imposes for the crime committed appears to be
clearly excessive because –
a. The accused acted with lesser degree of
malice, and/or
b. There is no injury or the injury cause is of
lesser gravity
c. The court should not suspend the execution of the
sentence
d. The judge should submit a statement to the Chief
Executive, through the DOJ, recommending
executive clemency
Executive clemency
● the power of a President in federal criminal cases, and
the Governor in state convictions, to pardon a person
convicted of a crime, commute the sentence (shorten it,
often to time already served), or reduce it from death to
another lesser sentence.
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Art. 6. Consummated, frustrated, and attempted
felonies – Consummated felonies, as well as those
which are frustrated and attempted, as 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 be reason of causes
independent of the will of the perpetuator.
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 desistance.
Indeterminate Offense: one where the purpose of
the offender in performing an act is not certain. Its
nature in relation to its objective is ambiguous thus,
the accused may be convicted of a felony defined by
the acts performed by him up to the time of
desistance.
2.
Something still remains to be done by the offender.
If anything yet remained for him to do, he would be
guilty of attempted felony.
3.
Development of Crime
1. Internal acts
4.
The non-performance of all acts of execution was
due to cause or accident other than his spontaneous
desistance
External acts
a.
Preparatory acts
Ordinarily, they are not punishable.
Proposal and conspiracy to commit a
felony, which are only preparatory acts, are
not punishable, except when the law
provides for their punishment in certain
felonies
b.
Acts of execution
They are punishable under the RPC
The stages of acts of execution –
attempted, frustrated and consummated –
are punishable
If the actor does not perform all the acts of
execution by reason of his own spontaneous
desistance, there is no attempted felony. The law
does not punish him.
● It is not necessary that spontaneous
desistance be actuated by good motives.
● Desistance should be made before all the
acts of execution are performed.
Desistance
● It is an absolutory cause which negates
criminal liability because the law encourages a
person to desist from committing a crime
o The desistance which exempts from
criminal liability has reference to the
crime intended to be committed, and
has no reference to the crime actually
committed by the offended before his
desistance
● The spontaneous desistance of the accused is
EXCULPATORY only:
a. if made during the attempted stage,
and
b. provided that the acts already
committed do not constitute any
offense.
ATTEMPTED FELONY
● The offender never passes the subjective phase of
the offense
● There was no wound inflicted or the wound was not
mortal
Elements of Attempted felony:
1.
The offender’s act is not stopped by his own
spontaneous desistance
The offender fails to perform all the acts of
execution which should produce the felony because
of some cause or accident
Mere ideas in the mind of a person are not
punishable. Mere intention producing no effect is no
more a crime than a mere effect without is a crime.
2.
He does not perform all the acts of execution which
should produce the felony
The offender commences the commission of the
felony directly by overt acts
Felony deemed commenced directly by overt acts
when the following are present:
a. That there be external acts;
b. Such external acts have direct connection
with the crime intended to be committed.
Overt act: some physical activity or deed, indicating
the intention to commit a particular crime
FRUSTRATED FELONY
● has reached the objective phase of the offense
Elements of Frustrated Felony
1.
The offender performs all the acts of execution
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Nothing more is left to be done by the offender
because he has performed the last act necessary to
produce the crime.
THERE IS NO CRIME OF FRUSTRATED THEFT
● Unlawful taking is deemed complete from the moment
the offender gains possession of the thing
The wound inflicted was mortal.
2.
All the acts perform would produce the felony as a
consequence
3.
But the felony is not produced
4.
By reason of causes independent of the will of the
perpetuator
Certain causes which may prevent the
consummation of the offense are:
(1) Intervention of third persons who
prevented the consummation of the
offense; thus, it makes it frustrated.
(2) Perpetrator’s own will; thus, it ceases to be
frustrated.
CONSUMMATED FELONY
● When all the elements necessary for its execution and
accomplishment are present
● The offender does not have to do anything else to
consummate the offense. He has already reached the
objective stage of the offense as he no longer has control
of his acts having already performed all that is
necessary to accomplish his purpose.
Attempted
Frustrated
Impossible
Evil intent is not
accomplished.
Evil intent is not
Evil intent is not
accomplished.
accomplished.
Evil intent is
Evil intent is
Evil intent is
possible of
possible of
impossible of
accomplishment.
accomplishment.
accomplishment.
What prevented
the
accomplishment
is the
intervention of
certain cause or
accident in which
the offender had
no part.
What prevented
the
accomplishment
is the
intervention of
certain cause by
a third person to
prevent its
consummation
or by the own
will of the
perpetrator.
Evil intent
cannot be
accomplished
because of its
inherently
impossible
accomplishment
or the means
employed by the
offender is
inadequate or
ineffectual.
Factors in determining stage of execution of felony:
● Nature of the offense
● Elements constituting the felony
● Manner of committing the offense
In theft, once the stolen object is returned, civil liability
extinguishes.
Manner of committing the crime
(1) Formal crimes
● Crimes consummated in once instance
(2) Crimes consummated by mere attempt or proposal
or by overt acts
(3) Felony by omission
(4) Crimes requiring the intervention of two persons to
commit them are consummated by mere agreement
(5) Material crimes
● Crimes not consummated in one instant or by a
single act. (homicide, rape, murder)
There is no attempted or frustrated impossible crime
Phases of the Offense to the Stages of Execution
(1) Subjective Phase - That portion of the acts
constituting the crime, starting from the point
where the offender begins the commission of the
crime to that point where he still has control over
his acts, including the act’s natural course.
NOTE: During this phase, the offender is stopped by
any cause outside of his voluntary desistance, the
subjective phase has not been passed and it is an
attempt.
(2) Objective Phase - That portion the phase which
commences once the offender has performed the
last act to complete the elements of the crime NOTE:
If he has not so stopped in the subjective phase, but
continues until he performs the last act, it is
frustrated, provided the crime is not produced. If it
is produced, the crime is consummated. In
attempted felony, the offender never passes the
subjective phase of the offense.
Attempted Stage
Marks the commencement of the subjective phase.
Frustrated Stage
The end of subjective phase and the start of the
objective phase.
Consummated Stage
It is the result of the acts of the execution, that is,
the accomplishment of the crime.
• If both the subjective phase and objective phase
are present, there is a consummated felony.
Art. 7. When light felonies are punishable – Light
felonies are punishable only when they have been
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consummated, with the exception of those committed
against persons or property.
which is indicative of a
meeting of the minds
towards
a
common
criminal objective. There is
implied agreement.
Light felonies are those infraction of law for the commission
of which the penalty of arresto menor or a fine not exceeding
P40,000, or both, is provided
Light felonies punished by RPC
1. Slight physical injuries
2. Theft
3. Alteration of boundary marks
4. Malicious mischief
5. Intriguing against honor
General rule: Light felonies are punishable only when they
have been consummated.
Exception: Light felonies against persons or property are
punishable even if attempted or frustrated
Art. 8. Conspiracy and proposal to commit felony. –
Conspiracy and proposal to commit felony are
punishable only in the cases in which the law
specifically provides penalty therefor.
A conspiracy exists when two or more persons 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.
Requisites of Conspiracy:
(1) That two or more persons came to an agreement
(2) That the agreement concerned the commission of a
felony
(3) That the execution of the felony be decided upon
General Rule:
Conspiracy and proposal to commit felony are not
punishable
Exception:
They are punishable only in the cases in which the law
specially provides a penalty therefor.
Reason for the rule:
Conspiracy and proposal to commit a crime are only
preparatory acts, and the law regards them as innocent or
at least permissible except in rare and exceptional cases
Conspiracy as a felony
Crime
not
committed
actually
Conspiracy as a manner
of incurring criminal
liability
There is a previous and
express agreement
The participants acted in
concert or simultaneously
Conspiracy not a separate
offense
“The act of one is the act of all”
When conspiracy is established, all who participated therein,
irrespective of the quantity or quality of his participation, is
liable equally, whether conspiracy is pre-planned or
instantaneous.
Exception:
(1) Unless one or some of the conspirators committed
some other crime, which is not part of the intended
crime. If the other conspirators did not prevent the
commission of the additional crime, he is also liable
for the additional crime
Exception to the Exception:
(1) When the act constitutes a “single indivisible
offense”
(2) When the crime was aggravated by natural
consequence of the nature of the crime
To be liable:
● Must be present at the time of the scene of the crime
Who are excused from liability?
● Those who performed an act to prevent the crime
The overt acts must consists of:
● Active participation in the actual commission of the
crime itself
● Moral assistance to his co-conspirators by being present
at the time of the commission of the crime
● Exerting a moral ascendance over the other coconspirators by moving them to execute or implement
the criminal plan
Wheel Conspiracy: consists of a single conspirator, generally
the ringleader who is interconnected to every other
coconspirator. The ringleader is the hub; the other
coconspirators are the spokes of the wheel.
Chain Conspiracy: involves several transactions all directed
toward a common unlawful objective.
Requisites of Proposal
(1) That a person has decided to commit a felony
(2) That he proposes its execution to some other person
or persons
No criminal proposal when ● The person who proposes is not determined to commit
the felony
● There is no decided, concrete, and formal proposal
● It is not the execution of a felony that is proposed
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are punishable
only when they
have been
consummated.
The law does not require that the proposal be accepted by
the person to whom the proposal is made.
Art. 9 Grave felonies, less grave felonies, and light
felonies. - Grave felonies are those which the law
attached the capital punishment or penalties which in
any of their perios are afflictive, in accordance with
Article 25 of this Code.
EXCEPTION:
Light felonies
committed
against persons
or property, are
punishable even
if attempted or
frustrated.
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 infractions of law for the
commission of which the penalty of arresto meno or a
fine not exceeding Forty thousand pesos (P40,000), or
both, is provided. (As amended by R.A. No. 10951,
August 29, 2017)
Importance of Classification:
1. To determine whether these felonies can be
complexed or not
2. To determine the prescription of the crime and the
prescription of the penalty
Grave Felonies
Afflictive penalties
●Reclusion
perpetua
●Reclusion
temporal
or
●Perpetual
temporary
absolute
disqualification
●Perpetual
or
temporary
special
disqualification
●Prison mayor
Less Grave
Felonies
Light Felonies
Correctional
penalties
Arresto menor
and/or fine not
exceeding
P40000
●Prison
correccional
●Arresto mayor
●Suspension
●destierro
Art. 10. Offenses not subject to the provision of this
Code. – Offenses which are or 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 laws, unless the latter should
specially provide the contrary.
GENERAL RULE:
The provisions of RPC are supplementary to special laws
EXCEPTION:
1. Where the special law provides otherwise
2. When the provisions of the RPC are impossible of
application, either by express provisions or by
necessary implication
Supplementary
● Supplying what is lacking; additional
CHAPTER TWO
Justifying Circumstances and Circumstances Which Exempt
From Criminal Liability
Note: Only
principals and
accomplices can
be held liable for
light felonies.
GENERAL RULE:
Light felonies
Art. 11. Justifying circumstances. – The following do not
incur any criminal liability:
1. Anyone who acts in defense of his person or
rights,
provided
that
the
following
circumstances occur:
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
2. Anyone who acts in defense of the person or
rights of his spouse, ascendants, descendant,
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 circumstances are present,
and the further requisite, in case the
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3.
4.
5.
6.
provocation was given by the person attacked,
the one making defense had no part therein.
Anyone who acts in defense of the person or
rights of a stranger, provided that the first and
second requisite mentioned in the first
circumstance of this articles are present and
that the person defending be not induced by
revenger, resentment, or other evil motive.
Any person who, in order to avoid an evil or
injury, does an act which causes damage to
another, provided that the following requisites
are present:
First. That the evil sought to be avoided
actually exists
Second. That the injury feared is greater than
that done to avoid it
Third. That there be no other practical and less
harmful means of preventing it
Any person who acts in the fulfillment of a duty
or in the lawful exercise of a right or office
Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
-
Mere push or a shove, not followed by other
acts, does not constitute unlawful aggression
Slap on the face is an unlawful aggression.
Since face represents a person and his dignity,
slapping is a serious personal attack.
A strong retaliation for an injury or threat may amount
to an unlawful aggression
Retaliation
Self-defense
The aggression that was
begun by the injured part
already ceased to exist
when
the
accused
attacked him
The aggression was still
existing
when
the
aggressor was injured or
disabled by the person
making defense
NOTE: if he persists in attacking his adversary, he can no
longer invoke the justifying circumstance of self-defense.
The attack made by the deceased and the killing of the
deceased by defendant should succeed each other
without appreciable interval of time.
“do not incur any criminal liability” = no crime committed
When the aggressor flees, unlawful aggression no longer
exists
Burden of proof is upon the accused.
I.
No Unlawful Aggression when there is agreement to
fight PROVIDED that:
(1) The challenge is voluntarily accepted.
If NOT voluntarily accepted, an attack
subsequent to it is becomes an unlawful
aggression.
(2) It occurred at the stipulated time and place.
If NOT at the stipulated time and place, an
attack subsequent to it becomes an unlawful
aggression.
One who voluntarily joins a fight cannot claim
self-defense.
The one who voluntarily joined a fight cannot claim selfdefense
Self-defense
Must be proven with clear and convincing evidence
Reverse trial: burden of proof rest upon the accused.
Reason why penal law makes self-defense lawful:
● Impulse of self-preservation
Requisites of self-defense
1.
Unlawful aggression
- Equivalent to assault or at least threatened assault
of an immediate and imminent kind
- When the peril to one’s life, limb or right is either
actual or imminent. There must be actual physical
forces or actual use of weapon.
Subjects of Self-Defense: (PPRH)
(1) Defense of Persons
(2) Defense of Property
(3) Defense of Rights
(4) Defense of Honor / Chastity
Peril to one’s life
Actual: the danger must be present, that is, actually
in existence
How to determine the unlawful aggressor? The one who
struck the first blow
Imminent: the danger is on the point of happening.
It is not required that the attack already begins, for
it may be too late.
Peril to one’s limb
The blow with a less deadly weapon or any other
weapon that can cause minor physical injuries only,
aimed at other parts of the body
There must be actual physical force or actual use of
weapon
Mere threatening or intimidating attitude, not preceded
by an outward and material aggression, is not unlawful
aggression
2.
Reasonable necessity of the means employed to prevent
or repel it
“To prevent or repel”
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A threat to inflict real injury places a person in
imminent danger; thus, it must be prevented.
An actual physical assault places a person in actual
danger; thus, it must be repelled.
Elements:
a. Necessity for the course of action
- Place and occasion of the assault and other
circumstances must be considered
b. Necessity of the means employed
Note: BOTH of elements must be reasonable.
cannot be said that he was defending himself from the
effect of another’s aggression.
BATTERED WOMAN SYNDROME (BWS)
R.A. No. 9262, otherwise known as the “Anti-Violence
Against Women and their Children Act of 2004”, provided
the defense for the Battered Women Syndrome which took
effect on 27 March 2004.
In repelling or preventing an unlawful aggression, the
one defending must aim at his assailant, and not
discriminately fire his deadly weapon
Battered Woman, Defined
The test of reasonableness depends on the
circumstances of each case. It depends on the nature
and extent of the unlawful aggression.
Rational Equivalence
1. The nature and quality of the weapons
2. Physical condition, character, and size
3. Other circumstances considered
3.
Lack of sufficient provocation on the part of the person
defending himself
Provocation: immoral act of conduct which stirs the
aggression
To be entitled to the benefit of self-defense, the one
defending himself must not have given cause for the
aggression by his unjust conduct or by inciting or
provoking the assailant.
● No provocation at all was given to the
aggressor by the person defending himself;
● Even if a provocation was given, it was not
sufficient; or
● Even if the provocation was sufficient, it was
not given by the person defending him-self;
● Even if a provocation was given by the person
defending himself, it was not proximate and
immediate to the act of aggression.
Note: The exercise of a right cannot give rise to
sufficient provocation.
How to determine the sufficiency of provocation:
The provocation is sufficient if it is adequate to stir
the aggressor to its commission.
Verbal argument cannot be considered sufficient
provocation
The provocation is sufficient:
(1) When one challenges a person into a fight.
(2) When one hurls invectives at another.
NOTE: The requisite of “lack of sufficient provocation”
refers EXCLUSIVELY to “the person defending himself.”
Thus, if the accused appears to be the aggressor, it
A woman who is repeatedly subjected to any forceful
physical or psychological behavior by a man in order to
coerce her to submit to his bidding with no concern for
her rights.
● Includes wives or women in any form of intimate
relationship with men.
● Successfully invoking the Battered Woman
Syndrome will create the effect of a circumstance
of self-defense.
●
THREE PHASES OF THE “CYCLE OF VIOLENCE”
(1) Tension building phase;
This is the phase where minor batterings in the
form of verbal or slight physical abuse occurs.
Here, the woman tries to pacify the batterer
through a show of kind, nurturing behavior; or
by simply staying out of his way.
(2) Acute battering incident;
The same is characterized by brutality,
destructiveness and sometimes, death. The
battered woman usually realizes that she
cannot reason with him and that resistance
would only exacerbate her condition.
(3) Tranquil, loving (or, at least, nonviolent) phase.
This is where the couple experience a
compound relief and the batterer may show a
tender and nurturing behavior towards his
partner.
•
•
In order to be classified as a
battered woman, the couple must
go through the battering cycle at
least twice.
Crucial to the BWS defense is the
state of mind of the battered
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woman AT THE TIME OF THE
OFFENSE - she must have actually
feared imminent harm from her
batterer and honestly believed in
the need to kill him in order to save
her life.
b.
c.
Ascendants
Descendants
Legitimate, natural, or adopted brothers or sisters
Relative by affinity within the same degree
Relative by consanguinity within the fourth civil
degree
“in-laws” relatives
Survives the death of either party to the marriage which
created the affinity.
Requisites of BWS:
a.
2.
3.
4.
5.
6.
Each of the phases of the cycle of violence must be
proven to have characterized at least two
battering episodes between the appellant and her
intimate partner.
The final acute battering episode preceding the
killing of the batterer must have produced in the
battered person’s mind an actual fear of
imminent harm from her batterer and an honest
belief that she needed to use force in order to save
her life;
At the time of the killing, the batterer must have
posed probable -- not necessarily immediate and
actual -- grave harm to the accused, based on the
history of violence perpetrated by the former
against the latter.
Q: What is the effect when not all the requisites for self
defense are present?
A: The accused cannot claim self-defense as a justifying
circumstance. However he could be entitled to either of the
following provided unlawful aggression is present:
● Ordinary mitigating circumstance — at least one
requisite which is unlawful aggression is present
● Privileged mitigating circumstance — at least two
requisites, one is unlawful aggression is present
II.
Defense of Relative
The person making defense is prompted by some noble or
generous sentiment in protecting and saving a relative.
Requisites:
a. Unlawful aggression to the relative of the person
invoking defense of relatives;
b. Reasonable necessity of the means employed to
prevent or repel it; and
c. In case the provocation was given by the person
attacked, the one making the defense had no part
therein.
NOTE: The fact that the relative defended gave provocation
is immaterial. It does not negate the application of this
justifying circumstance, as long as the person defending had
no part in such provocation.
Relatives that can be defended:
1. Spouse
Blood relatives:
(1) Parents
(2) Legitimate Brothers and sisters
(3) Uncles, Nieces, Aunts, Nephews
(4) First cousins
III.
Defense of Stranger
Requisites:
a. Unlawful aggression to the stranger defended;
NOTE: STRANGERS - any person not included in the
enumeration of relatives under par. 2 of Art. 11.
Damage to another includes injury to persons and
damage to property.
b.
Reasonable necessity of the means employed to
prevent or repel it; and
c.
The person defending is not induced by revenge,
resentment or other evil motives.
NOTE: Even if a person has a standing grudge
against the assailant, if he enters upon the defense
of a stranger out of generous motive to save the
stranger from serious bodily harm or possible
death, the third requisite of defense of stranger still
exists. The third requisite would be lacking if such
person was prompted by his grudge against the
assailant, because the alleged defense of the
stranger would be only a pretext.
NOTE: This circumstance requires the person making
defense to be actuated by disinterested or generous motives.
Furnishing a weapon to one in serious dan-ger of being
throttled or about to be throttled is defense of stranger.
IV.
Avoidance of greater injury or evil
Requisites:
a. The accused does an act which causes damage to
another in order to avoid an evil or injury which
actually exists, and is not brought about by the
accused’s own acts;
• Evil sought to be avoided must not be merely
expected or anticipated or may happen in the
future.
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•
b.
c.
The state of necessity must not be brought
about by the accused himself
That the injury feared be greater than that done to
avoid it;
• An exercise of right is not an evil to be
justifiably avoided.
That there be no other practical or less harmful
means of preventing it
• Greater evil must NOT be brought about by the
negligence or imprudence or violation of law by
the actor.
NOTE: It is only in this paragraph of Art. 11 where there is
civil liability, BUT the civil liability is borne by the persons
benefited. [Art. 101] i.e., if firemen had to ram cars blocking
their entry to a burning building, the persons the firemen
would save from the fire bear the civil liability.
V.
Fulfilment of one’s duty or in the exercise of a
right or office
Requisites:
a. That the accused acted in the performance of duty
or in the lawful exercise of a right or office; and
b. That the injury caused or the offense com-mitted be
the necessary consequence of the due performance
of duty or the lawful exercise of such right or office.
Lawful exercise of rights or office
Applying Art. 429 of the Civil Code, if, in protecting his
possession of the property, he injures (not seriously) the one
trying to get it from him, he is justified under this paragraph.
(Reyes)
• It is not necessary that there be unlawful aggression
against the person charged with the protection of
the property; otherwise, it will fall under selfdefense. (Reyes)
Shotting of prisoner by guard must be in self-defense or be
absolutely necessary to avoid his escape.
Doctrine of Self-help
VI.
Obedience to an order issued by a superior for
some lawful purpose
Requisites:
a. That an order has been issued by a superior;
b. That such order must be for some lawful purpose;
and
a. That the means used by the subordinate to carry
out said order is lawful.
This circumstance refers to an unlawful order with the
appearance of legality. Subordinate is not liable for carrying
out an illegal order if he is not aware of its illegality and has
exhibited no negligence.
Presupposes that what was obeyed by the accused was a
lawful order.
If the accused complied with an UNLAWFUL order under a
MISTAKE OF FACT he should not incur a criminal liability.
Art. 12. Circumstances which exempt from criminal
liability – The following are exempt from criminal
liability:
(1) An imbecile 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 (delicto), 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 leave without first
obtaining the permission of the same court.
(2) A person under nine years of age.
(3) A person over nine years of age and under
fifteen, 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
conformity 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 said
Article 80.
(4) Any person who, while performing a lawful act
with due care, causes an injury by mere
accident without fault or intention of causing
it.
(5) Any person who acts under the compulsion of
an irresistible force.
(6) Any person who acts under the impulse of an
uncontrollable fear of an equal or greater
injury.
(7) Any person who fails to perform an act
required by law, when prevented by some
lawful or insuperable cause.
One who acts by virtue of any of the exempting
circumstances commits a crime, although by the complete
absence of any conditions which constitute free will or
voluntariness of the act, no criminal liability arises.
Burden of proof lies on the defendant
When the offender acts in accordance with exempting
circumstances during the commission of the felony, he is
exempt from criminal liability but not the civil liability ex
delicto.
Lack of intent on the part of the actor
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Justifying Circumstances
Exempting
Circumstances
It affects the act not the
actor; emphasis of the law
is on the act
It affects the actor not the
act; emphasis of the law is
on the actor
The act is considered to
have been done within the
bounds of law; hence,
legitimate and lawful in the
eyes of the law
The act complained of is
actually wrongful, but the
actor is not liable
Since the act is considered
lawful, there is no crime
Since the act complained of
is actually wrong, there is a
crime but, since the actor
acted
without
voluntariness, there is no
dolo or culpa
No crime
There is a crime
No civil liability (except
Art. 11, par. 4, where there
is civil liability)
There is civil liability
(except Art. 12, par. 4 and
7, where there is no civil
liability)
CIRCUMSTANCE
BASIS OF EXEMPTION
Imbecile or insane
Absence of intelligence
Minority
Absence of intelligence
Accident
Absence of criminal intent
and fault
Compulsion of Irresistible
force
Absence of freedom or
action or voluntariness
Impulse
of
uncontrollable fear
an
Absence of freedom or
action or voluntariness
Insuperable or lawful cause
Absence of criminal intent
and fault
I. IMBECILITY OR INSANITY
Imbecility
● One who, while advanced in age, has a mental
development comparable to that of children between
two and seven years of age.
● One who is deprived completely of reason or
discernment and freedom of the will at the time of
committing the crime
● Exempt in all cases from criminal liability
Insanity
● Exists when there is a complete deprivation of
intelligence in committing the act, that is, the accused is
deprived of reason.
● Mere abnormality of mental faculties is not enough
especially if the offender has not lost consciousness of his
acts. (may be mitigating circumstance)
Court shall order his confinement in one of the hospitals or
asylums established for person afflicted, which he shall not
be permitted to leave without first obtaining the permission
of the court. The opinion of the Director of Health whether
or not he shall be permitted to leave the asylum must be
obtained by the court.
In order to ascertain a person’s mental condition at the time
of the act, it is permissible to receive evidence of the
condition of his mind during a reasonable period both before
and after that time.
Direct testimony is not required, nor are specific acts of
derangement essential to establish insanity as a defense.
Clear and convincing evidence will suffice in proving
insanity.
At the time of the
commission of the felony
Exempt
liability
from
criminal
At the time of the trial
When he was sane at the
time of commission, he is
liable criminally.
Trial will be suspended
until the mental capacity of
the accused be restored to
afford him a fair trial
Evidence of Insanity
● It must refer to the time preceding the act or to the very
moment of its execution
● If insanity is after the commission of the crime, the
accused cannot be acquitted
● If insanity is occasional or intermittent in its nature,
presumption of its continuance does not arise.
● A person who has been adjudged insane or committed to
a hospital or to an asylum for the insane, is presumed to
continue to be insane.
Defense of insanity not credible when:
(1) Can recall the moments before the
commenced
(2) Could distinguish between right and wrong
felony
Dementia praecox (premature dementia)
● Homicidal attack is common
● During period of excitement, the person has no control
whatever of his acts.
● Covered by the term insanity
Schizophrenia (formerly called dementia praecox)
● A chronic mental disorder characterized by inability to
distinguish between fantasy and reality and often
accompanied by hallucinations and delusions.
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Kleptomania
● Must be investigated by competent alienist or
psychiatrist to determine whether the impulse is
irresistible or not.
● Exempting circumstance = deprived of reasons + lost
consciousness of one’s act
● Mitigating circumstance = only diminished the exercise
of his will power, and did not deprive him of the
consciousness of his acts
Epilepsy
● Chronic nervous disease characterizes by fits, occurring
at intervals, attended by convulsive motions of the
muscles and loss of consciousness
● Epileptic excused from criminal liability when at the
time of the commission of felony was, he was under the
influence of an epileptic fit
Feeblemindedness
● Not imbecility because the offender could distinguish
right from wrong
Pedophilia
● A sexual disorder wherein the subject has strong,
recurrent, and uncontrollable sexual and physical
fantasies about children which he tries to fulfill,
especially when there are no people around.
● Could still distinguish between right and wrong
● Not insanity
Amnesia
● No defense to a criminal charge unless it is shown by
competent proof that the accused did not know the
nature and quality of his action and that it was wrong.
Other cases of lack of intelligence
(1) Committing a crime while in a dream
a. Hypnotism – still debatable
(2) Committing a crime while suffering from malignant
malaria
II. MINORITY
“under nine years of age” should be construed as nine years
of less
RA 9344 (Juvenile Justice and Welfare Act of 2006)
● Raised the age of absolute irresponsibility from nine to
15 years of age.
● Sec. 6 – repealed par. 3, Art. 12 of RPC
Prosecution must prove that a minor who is over 15 but
under 18 years of age has acted with discernment, in order
for the minor not to be entitled to this exempting
circumstance.
Period of Criminal Responsibility
(1) Absolute irresponsibility – 15 years and below
(infancy)
(2) Conditional responsibility – 15 year and 1 day to 18
years
(3) Full responsibility – 18 years or over (adolescence)
to 70 (maturity)
(4) Mitigated responsibility – 15 years and 1 day to 18
years, the offender acting with discernment; over 70
years of age
Child in Conflict with the Law
● A person who at the time of the commission of the
offense is below 18 years but not less than 15 years and
one old.
Discernment
● Capacity of the child at the time of the commission of the
offense to understand the differences between right and
wrong and the consequences of the wrongful act.
● May be known and should be determined by taking into
consideration all the facts and circumstances afforded
by the records in each case (very appearance, very
attitude, very comportment and behavior of minor
before and during the commission of the offense and
after and during the trial.
● How to determine?
o Take into account the ability of ability of a child to
understand the moral and psychological
components of criminal responsibility and the
consequence of the wrongful act
Intent: desired act of the person
Discernment: moral significance that a person ascribed to
the said act
Discernment manifested through:
(1) Manner of committing the crime
(2) Conduct of offender
Presumption of Minority
● Child in conflict with the law shall enjoy presumption of
minority and shall enjoy all the rights of a child in
conflict with the law until proven to be 18 years old or
older at the time of the commission of the offense
Determination of Age
(1) Original or certified true copy of the certificate of
live birth
(2) Baptismal certificates and school records or any
pertinent document that shows the date of birth of
the child
(3) Testimony of a member of the family related to the
child by affinity or consanguinity who is qualified to
testify on matters respecting pedigree such as the
exact age of date of birth of the child pursuant to
the testimonies of the other persons, the physical
appearance of the child and other relevant
evidence, shall suffice
Burden of Proof of Age
● Any person alleging the age of the child in conflict with
the law has the burden or proving the age of such child
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● If age of the child is contested prior to the filing of the
information in court, a case for determination of age
under summary proceeding may be filed before the
Family Court which shall render its decision within 24
hours from receipt of the appropriate pleadings of all
the parties.
● Court shall make a categorical finding as to the age of
the child
“with intent to kill” stated in the Information is sufficient
allegation of discernment
JUVENILE JUSTICE AND WELFARE ACT OF 2006
(R.A. 9344)
(1) The following are EXEMPT from criminal liability:
a. Children who are 15 years of age or under at the
time of the commission of the offense to an
intervention program.
● If after the intervention there is no reform
the minor shall be returned to the court for
the promulgation of the decision against the
minor: and then the court shall either
decide on the sentence or extend the
intervention.
b. Children above 15 but below 18 who acted
without discernment.
(2) If the child referred herein acted with discernment,
he/she shall undergo diversion programs without
undergoing court proceedings subject to the
following conditions: (Section 23)
a. Where the imposable penalty is not more than 6
years of imprisonment, the Punong Barangay of
law enforcement officer shall conduct
mediation, family conferencing and conciliation
b. Where the imposable penalty exceeds 6 years
imprisonment, diversion measures may be
resorted to only by the court
(3) Exemption from criminal liability herein established
does not include exemption from civil liability
(4) The child in conflict with the law shall enjoy the
presumption of minority until he/she is proven to be
18 years old or older. (Section 7, paragraph 1)
The prosecutor shall conduct a preliminary
investigation
and
file
information
upon
determination of probable cause in the following
instances: (Section 33)
a. When the child in conflict with the law does not
qualify for diversion
b. When the child, his/her parents or guardian
does not agree to diversion
c. Upon determination by the prosecutor that
diversion is not appropriate for the child in
conflict with the law.
(5) Automatic suspension of sentence
Once the child who is under 18 years of age at the
time of commission of the offense is found guilty of
the offense charged, the court shall determine and
ascertain any civil liability which may have resulted
from the offense committed. However, instead of
pronouncing the judgment of conviction, the court
shall place the child in conflict with the law under
suspended sentence, without the need of application
and impose the appropriate disposition measures as
provided in the Supreme Court Rule on Juveniles in
Conflict with the law (Section 38)
(6) Upon recommendation of the social worker who has
custody of the child, the court shall order the final
discharge of the child.
The discharge of the child in conflict with the law
shall not affect the civil liability resulting from the
commission of the offense. (Section 39)
III. ACCIDENT
Elements:
(1) A person is performing a lawful act
(2) With due care
(3) He causes an injury to another by mere accident
(4) Without fault or intention of causing it.
Striking another with a gun in self-defense, even if it fired
and seriously injured the assailant, is a lawful act
Any person who, while performing a lawful act with due
care, causes an injury by mere accident without fault or
intention of doing it is exempted from criminal liability.
Accident
● Something that happens outside the sway of our will,
and although it comes through some act of our will, lies
beyond the bounds of humanly foreseeable
consequences.
● If consequences are plainly foreseeable, it will be case of
negligence.
● Presupposes lack of intention to commit the wrong done
Case of negligence, not accident
● Is there freedom to commit the offense?
● Take into consideration the surroundings of the place
where crime took place
Accident: fortuitous circumstance
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Negligence: failure to observe, for the protection of the
interest of another person
When claim of accident not appreciated
(1) Repeated blows
(2) Accidental act negated by threatening words
preceding it
(3) Husband and wife had an altercation
IV. COMPULSION OF IRRESISTIBLE FORCE
Presupposes that a person is compelled by means of force or
violence to commit a crime
Elements:
(1) That the compulsion is by means of physical force
(2) That the physical force must be irresistible
(3) That the physical force must come from a third
person
The force must be irresistible as to reduce the actor to a
mere instrument who acts not only without will but against
his will.
Passion and obfuscation cannot amount to irresistible force.
It must consist of an extraneous force coming from a third
person.
The duress, force, fear or intimidation must be present,
imminent and impeding and of such a nature as to induce a
well-grounded apprehension of death or serious bodily harm
if the act is not done.
V. IMPULSE OF AN UNCONTROLLABLE FEAR
Presupposes that a person is compelled to commit a crime by
another, but the compulsion is by means of intimidation of
threat
Elements:
(1) That the threat which causes the fear is of an evil
greater than or at least equal to, that which he is
required to commit
(2) That it promises an evil of such gravity and
imminence that the ordinary man would have
succumbed to it.
Requisites of Uncontrollable Fear
a. Existence of an uncontrollable fear
● Speculative, fanciful and remote fear is not
uncontrollable fear
b. Fear must be real and imminent
● A threat of future injury is not enough
c. The fear of an injury is greater than or at least
equal to that committed
Duress
● As a valid defense, should be based on a real, imminent,
or reasonable fear for one’s life or limb and should not
be speculative fanciful or remote fear
The compulsion must be of such a character as to leave no
opportunity to the accused for escape or self-defense in
equal combat
Treason
● In the eyes of the law, nothing will excuse that act of
joining an enemy, but the fear of immediate death
Irresistible Force
Uncontrollable Fear
Offender uses violence or
physical force to compel
another person to commit
a crim
The
offender
employs
intimidation or threat in
compelling another to
commit a crime
VI. INSUPERABLE OR LAWFUL CAUSE
Elements:
(1) That an act is required by law to be done
(2) That a person fails to perform such act
(3) That his failure to perform such act was due to
some lawful or insuperable cause
Insuperable cause
● A motive which has lawfully, morally, or physically
prevented a person to do what the law commands.
Absolutory Causes
● Those where the act committed is a crime but for
reasons of public policy and sentiment there is no
penalty imposed.
● The courts shall condemn this practice (instigation) by
directing the acquittal of the accused.
Instigation
Entrapment
Absolutory cause
Not an absolutory cause
Instigator
practically
induces
the
would-be
accused
into
the
commission of the offense
and himself becomes a coprincipal
Ways and means are
resorted to for the purpose
of trapping and capturing
the lawbreaker in the
execution of his criminal
plan
Accused must be acquitted
No bar to the prosecution
and conviction of the
lawbreaker
Public officer or private
detective
induces
an
innocent person to commit
a crime and would arrest
him upon or after the
commission of the rim by
the latter
A person has planned, or is
about to commit, a crime
and ways and means are
resorted to by a public
officer to trap and catch
the criminal
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There is neither instigation nor entrapment when the
violation of the law is simple discovered
If the one who made the instigation is a private individual,
not performing public function, both he and the one induced
are criminally liable for the crime committed: the former, as
principal by induction; and the latter, as principal by direct
participation.
Assurance of immunity by a public officer does not exempt a
person from criminal liability
● No even the President could give such assurance of
immunity to any violator of the firearm law. His
constitutional power of clemency can be exercised only
after conviction.
Complete defenses in criminal cases
(1) Any of the essential element of the crime charged is
not proved by the prosecution and the elements
proved do not constitute any crime
(2) The act of the accused falls under any of the
justifying circumstances
(3) The case of the accused falls under any of the
exempting circumstance
(4) The case is covered by any of the absolutory causes
(5) Guilt of the accused not established beyond
reasonable doubt
(6) Prescription of crimes
(7) Pardon by the offended part before the institution of
criminal action in crime against chastity
CHAPTER THREE
Circumstances Which Mitigate Criminal Liability
Art. 13. Mitigating circumstance. – The following are
mitigating circumstances:
1. Those mentioned in the preceding chapter,
when all the requisites necessary to justify the
act or to exempt from criminal liability in the
respective cases are not attendant.
2. That the offender is under eighteen years of
age or over seventy years. In the case of the
minor, he shall be proceeded against in
accordance with the provisions of Article 80.
3. That the offender had no intention to commit
so grave a wrong as that committed.
4. That sufficient provocation or threat on the
part of the offended party immediately
preceded the act.
5. That the act was committed in the immediate
vindication of a grave offense to the one
committing the felony (delito), his spouse,
ascendants, descendants, legitimate, natural or
adopted brothers or sisters, or relatives by
affinity within the same degrees.
6. That of having acted upon an impulse so
powerful as naturally to have produces passion
or obfuscation.
7. That the offender had voluntarily surrendered
himself to a person in authority or his agents,
or that he had voluntarily confessed his guilt
before the court prior to the presentation of
evidence for the prosecution.
8. That the offender is deaf and dumb, blind, or
otherwise suffering some physical defect
which thus restricts his means of action,
defense, or communication with his fellow
beings.
9. Such illness of the offender as would diminish
the exercise of the willpower of the offender
without
however
depriving
him
of
consciousness of his acts.
10. And, finally, any other circumstances of a
similar nature and analogous to those abovementioned.
RATIONALE: They are based on the diminution (as opposed
to complete absence) of either:
(1) Freedom of action
(2) Intent, or
(3) Lesser perversity of the offender
ORDINARY
MITIGATING
PRIVILEGED MITIGATING
Can be offset by any
aggravating
circumstance
Cannot be offset by any
aggravating circumstance
Results in the benefit of
lowering
the
imposable penalty to
the minimum period
Results in the benefit of
lowering the imposable penalty,
whether divisible or indivisible,
by one or two degrees
They
are
not
considered when what
is prescribed is a single
indivisible penalty
Always considered whether the
imposable penalty is divisible or
indivisible
A mitigating circumstance arising from a single fact absorbs
all the other mitigating circumstance arising from the same
facts
I. INCOMPLETE JUSTIFYING OR EXEMPTING
CIRCUMSTANCE
Covers (1) justifying circumstances and (2) exempting
circumstances
Circumstances which may give place to mitigation:
(1) Self-defense
(2) Defense of relatives
(3) Defense of strangers
(4) State of necessity
(5) Performance of duty
(6) Obedience to order of superior
(7) Minority above 15 but below 18 years of age
(8) Causing injury by mere accident
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(9) Irresistible Force
(10) Uncontrollable fear
-
Circumstances which CANNOT give place to mitigation:
(1) Imbecile or insane
a. Mental condition of a person is indivisible
b. No middle ground between sanity and
insanity, between presence and absence of
intelligence
c. Only those whose willpower was
diminished, without being deprived of his
consciousness, may be given place to
mitigation (Art. 13, par. 9)
(2) Minority below 15 years of age
General Rule: Treated as Ordinary Mitigating Circumstance
Exception: Treated as Privileged Mitigating Circumstance (if
majority of the elements of the justifying or exempting
circumstance is present)
● If the justifying or exempting circumstance has an
even (2, 4) number of elements, half of it would
constitute the majority
Indispensable Requisites of Justifying and Exempting
Circumstances
CIRCUMSTANCE
INDISPENSABLE ELEMENT
Self-defense
Unlawful aggression
Defense of relatives
Unlawful aggression
Defense of strangers
Unlawful aggression
State of Necessity
Evil sought to be avoided
actually exists
Performance of Duty
The accused acted in the
performance of a duty or in the
lawful exercise of right or office
Obedience to Order of
Superior
The order is issued by a
superior
Minority above 15 but
below 18 years of age
Age of minor below 18 years of
age
Causing injury by mere
accident
The accused in performing a
lawful act
Irresistible Force
There is compulsion by means
of physical force
Uncontrollable Fear
There is a threat which causes a
feat of an evil greater than, or
at least equal to which he is
required to commit
Causing injury by mere accident
-
II.
If the 2nd requisite and the 1st part of the 4th
requisite are absent, the case will fall under Art. 365
(punishes a felony by negligence or imprudence)
o Mitigating circumstance
If the 1st requisite and the 2nd part of the 4th
requisite are absent, it will be an intentional felony
o Not mitigating circumstance
OVER 15 BUT UNDER 18 YEARS OLD, IF THERE IS
DISCERNMENT OR OVER 70 YEARS OLD
Repealed by RA 9344 (Juvenile Justice and Welfare Act of
2006)
It is the age of the accused at the time of the commission of
the crime which should be determined. His age at the time of
the trial is immaterial.
Legal Effects of Various Ages of Offender:
(1) 15 and below
Exempt from criminal liability
(2) Above 15 but below 18
a. Acted without discernment
Exempt from criminal liability
Subject to an intervention program
b. Acted with discernment
Undergo diversion programs
- Diversion:
alternative,
child-appropriate
process of determining the responsibility, and
treatment of a child in conflict with the law on
the basis of his/her social, cultural, economic,
psychological, or educational background
without resulting to formal court proceedings
- Diversion Program: program that the child in
conflict with the law is required to undergo
after he/she is found responsible for an offense
without resorting to formal court proceedings
- System of Diversion
o Imposable penalty is not more than 6 years
imprisonment
–
mediation,
family
conferencing and conciliation
▪ Undergone outside criminal justice
system or prior to entry into said
system
▪ Contract of diversion may be entered
into during these three programs
● The child voluntarily admits the
commission of the act, a diversion
program shall be developed.
● Admission shall not be used
against the child
● Effective and binding if accepted
by parties concerned
● Acceptance shall be in writing and
signed by the parties concerned
and the appropriate authorities
● Local
social
welfare
and
development officer – supervise
implementation
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● Diversion proceedings shall be
completed within 45 days
● Period of prescription of the
offense shall be suspended until
completion
of
diversion
proceedings
● Child shall presented oneself at
least once a month for reporting
and evaluation of the effectiveness
of the program
● Failure to comply – give offended
party the option to institute the
appropriate legal action
● Period of prescription – suspended
during effectivity of the diversion
program, but not exceeding 2
years
o Victimless crime, not more than 6 years
imprisonment
–
diversion
and
rehabilitation program
o Imposable penalty is more than 6 years
imprisonment – diversions measures may
be resorted only by the court
- Diversion may be conducted at the
Katarungang Pambarangay, the police
investigation or the inquest or preliminary
investigation stage and at all levels and stages
of the proceedings including judicial level
- Punong Barangay
o If imposable penalty is more than 6 years
imprisonment or the child, his parents or
guardians do not consent to a diversion, he
shall handle the case, within 3 days from
determination of the absence of
jurisdiction over the case or termination of
diversion proceeding as the case may be,
forward the records of the case to the law
enforcement officer, prosecutor or the
appropriate court
- Law Enforcement Officer
o Forward the records to the prosecutor or
judge concerned for the conduct of inquest
and/or preliminary investigation
(3) Over 18 years old
Full criminal liability
(4) Over 70 years old
a. He committed an offense punishable by death, that
penalty shall not be imposed
b. When the death sentence is already imposed, it shall
be suspended and commuted
III.
NO INTENTION TO COMMIT SO GRAVE A WRONG
Rule for the application:
This can be taken into account only when the facts proven
show that there is a notable and evident disproportion
between the means employed to execute the criminal act and
its consequence
● Intention, being an internal states, must be judge by
external acts
● Intention may be ascertained by considering:
o Weapon used
o Part of the body injured
o Injury inflicted
o Manner it is inflicted
Not applicable when the offender employed brute force
Not applicable to felonies where intention is immaterial
(lacking intention)
- Lack of intention to commit so grave a wrong is not
appreciated where the offense committed is
characterized by treachery
Not applicable to felonies by negligence
Not applicable in cases where there is no material harm
done
Not applicable in cases of defamation or slander
IV.
PROVOCATION OR THREAT
Provocation: any unjust or improper conduct or act of the
offended party, capable of exciting, inciting or irritating any
one.
Requisite:
(1) The provocation must be sufficient
Sufficient – adequate to excite a person to commit
the wrong andmuts accordingly be proportionate to
its gravity
As to whether a provocation is sufficient depends
upon the following:
a. The act constituting the provocation
b. The social standing of the person provoked
c. The place and time when the provocation is
made
(2) It must originate from the offended party
Provocation as
Requisite of
Incomplete SelfDefense
Provocation as a
Mitigating
circumstance
It pertains to its
absence on the part of
the person defending
himself
It pertains to its
presence on the part of
the offended party
(3) Provocation must be immediate to the act, i.e. to the
commission of the crime by the person who is
provoked
Immediate – no interval of time should elapse
between the provocation and the commission of the
crime
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● The threat should not be offensive and positively strong.
Otherwise, the threat to inflict real injury is an unlawful
aggression which may give rise to self-defense
● An attack BEFORE the commencement of the agreed
fight is sufficient provocation, provided that it is not that
strong so as to amount to an unlawful aggression.
Otherwise, the rules on self-defense apply.
● Lawful performance of duty does not give rise to
sufficient provocation.
● Vague threats are not enough so as to amount to
sufficient provocation. (i.e. “If you do not agree,
beware!”)
V.
VINDICATION OF GRAVE ABUSE
Requisites:
(1) There be a grave offense done to the one
committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity within the
same degrees
(2) The felony is committed in vindication of such grave
offense. A lapse of time is allowed between the
vindication and the doing of the grave offense
Immediate – allows for a lapse of time as long as
the offender is still suffering from the mental agony
brought about by the offense to him.
Grave offense – includes any act that is offensive to
the offender or his relatives and the same need not
be unlawful.
Basis to Determine the Gravity of Offense in
Vindication
● Social standing of the person
● Place when the insult was made
● Time when the insult was made
● Grave offense must be the proximate cause or proximate
to the act of the offender
● The grace offense must be directed to the person
invoking Vindication of Grave Offense
● Vindication of grave offense cannot co-exist with
passion or obfuscation if based on one single fact
PROVOCATION
VINDICATION
It is made directly only to
the person committing the
felony
It may be committed also
against the offender’s
relatives mentioned by the
law
The cause that brought
about the provocation need
not be a grave offense
Offended party must have
done grave offense to the
offender or his relatives
It immediately preceded
the act
Vindication of the grave
offense may be proximate,
which admits of an interval
of time.
It is mere spite against the
one giving the provocation
or threat
VI.
It concerns the honor of a
person
PASSION OR OBFUSCATION
Rationale: When there are causes naturally producing in a
person a powerful excitement, he loses his reason and selfcontrol, thereby diminishing the exercise of his will-power
Rule for its application:
● Only when the same arose from lawful sentiments
● No mitigating circumstance when:
o The act is committed in a spirit of
lawlessness
o The act is committed in a spirit of revenge
Requisites:
(1) There be an act both unlawful and sufficient to
produce such a condition of mind
(2) The said act which produced the obfuscation was
not far removed from the commission of the crime
by a considerable length of time, during which the
perpetrator might recover his normal equanimity
● The crime committed by the accused must be provoked by
prior unjust or improper acts of the injured party
● NO mitigating circumstance when more than 24 hours
elapsed between the alleged insult and the commission of
the felony or if several hours passed between the cause of
passion or obfuscation and the commission of the crime,
ow here at least half an hour intervened between the
previous fight and subsequent killing of the deceased by
the accused.
● The crime committed must be the result of a sudden
impulse of natural and uncontrollable fury
● The crime committed must not be planned or calmly
meditated or deliberately fermented by him for a
considerable period of time
● Obfuscation may arise from jealousy, provided that it
arises from lawful sentiments. (i.e. not legitimate wife; in
a legitimate relationship)
● The cause producing passion or obfuscation must come
from the offended party because it only mitigates that of
the crime committed to him.
● Vindication of grave offense cannot co-exist with passion
or obfuscation if based on one single fact.
● Offender must act under the impulse of special motives
● This mitigating circumstance may be appreciated even if
the reported act causing the obfuscation was not true, as
long as it was honestly and reasonably believed by the
accused to be true.
● It is incompatible with treachery
General Rule: One single fact cannot be made the basis of a
different modifying circumstances.
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Exception: When there are other facts, although closely
connected with the fact upon which one circumstance is
premised, the other circumstances may be appreciated as
based on other fact.
PASSION OR
IRRESISTIBLE FORCE
OBFUSCATION
Mitigating circumstance
Exempting circumstance
Cannot give rise to an
irresistible force
Requires physical force
In the offender himself
Come from a third person
Arise
from
sentiments
Arise
from
sentiment
lawful
PASSION OR
OBFUSCATION
member of some court or government corporation,
board or commission.
Agent of a Person in Authority - One who by direct
provision of the law or by election or by
appointment by competent authority is charged
with the maintenance of public order and
protection and security of life and property and
any person who comes to the aid of person in
authority [Art. 152, as amended by R.A. 1978]
NOTE: Surrender must be made to a person in
authority or his agent. Otherwise, a defense will
not be appreciated under this circumstance,
although it may be appreciated under paragraph
10, on analogous circumstances.
unlawful
PROVOCATION
Produced by an impulse
which may be caused by
provocation
Comes from injured party
Only required that the
influence thereof lasts until
the moment of the crime is
committed
Immediately precede the
commission of the crime
Loss of reason and selfcontrol on the part of the
offender
Loss of reason and selfcontrol on the part of the
offender
c.
VII. VOLUNTARY SURRENDER AND CONFESSION OF
GUILT
Two mitigating circumstance in par. 7, Art. 13
(1) Voluntary surrender to a person in authority or his
agents
(2) Voluntary confession of guilt before the court prior
to the presentation of evidence for the prosecution
When surrender is considered NOT voluntary
● Intention to surrender without actually
surrendering is not mitigating
● Not mitigating when defendant was in
fact arrested
● Surrender of weapon cannot be equated
with voluntary surrender. It must be the
accused in his person.
● Surrender of accused must not be
accompanied by a condition.
If both are present, they should have the effect of mitigating
as 2 independent circumstances
A.
VOLUNTARY SURRENDER
- Either because he acknowledged his guilt or
because he wished to save the authorities the
trouble and expenses necessarily incurred in his
search and capture.
Requisites:
a. The offender had not been actually arrested
b. The offender surrendered himself to a person in
authority or his agents
Person in Authority - One directly vested with
jurisdiction which is the power to govern and to
execute the laws, whether as an individual or as a
The surrender was voluntary
● It must be spontaneous – inner impulse acting
without external stimulus
● There is spontaneity if the surrender is
induced by fear of retaliation by the victim’s
relatives
● Intent of the accused to submit himself
unconditionally to the authorities must be
either because he acknowledges his guilt or he
wishes to save them the trouble and expense
necessarily incurred in his search and capture
the conduct of the accused determines the
spontaneity of the arrest.
● In order to appreciate this circumstance, the
surrender of the accused must precede the
service of warrant of arrest to the accused or
its return when not served because the
accused cannot be located.
● Posting of bonds amount to voluntary
surrender.
B.
CONFESSION OF GUILT
- Plea of guilty
Requisites:
a. The offender spontaneously confessed his guilt
b. The confession of guilt was made in open court,
that is, before the competent court that is to try the
case
c. The confession of guilt was made prior to the
presentation of evidence for the prosecution
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NOTE: All that the law requires is voluntary plea of
guilty prior to the presentation of the evidence by
the prosecution. Thus, even if during arraignment,
the accused pleaded not guilty, he is entitled to this
mitigating circumstance as long as he withdraws
his plea of not guilty and thereafter pledges guilty
to the charge before the fiscal could present his
evidence.
A plea of guilty on appeal is NOT mitigating. This is
because the rationale of spontaneous willingness
of the accused to admit to the commission of the
crime charged is absent.
-
-
-
Conditional plea of guilty is not a mitigating
circumstance
Death penalty changed to life imprisonment
because of plea of guilty, even if done during the
presentation of evidence
Plea of guilty to amended information mitigating
When a defendant pleaded guilty, only manifesting
that evident premeditation alleged in the
information did not attende the commission of the
crim,e and when the court required the
presentation of evidecen on premeditation the
prosecution failed to prove it, the plea of guilty is
mitigating, because although the confession was
qualified and introduction of evidence became
necessary, the qualification did not deny the
defendant’s guilt and, what is more, was
subsequently justified.
Where the accuse pleads guilty to a capital offense,
the court shall conduct a searching inquiry into the
voluntariness and full comprehension of the
consequences of his plea and shall require he
prosecution to prove his guilt and the precise
degree of culpability.
SEARCHING INQUIRY GUIDELINES
1.
2.
Ascertain from the accused himself (a) how he
was brought into the custody of the law; (b)
whether he had the assistance of a competent
counsel during the custodial and preliminary
investigations; and (c) under what conditions he
was detained and interrogated during the
investigations. This is intended to rule out the
possibility that the accused has been coerced or
placed under a state of duress either by actual
threats of physical harm coming from malevolent
quarters or simply because of the judge's
intimidating robes.
Ask the defense counsel a series of questions as to
whether he had conferred with, and completely
explained to, the accused the meaning and
consequences of a plea of guilty.
3.
Elicit information about the personality profile of
the accused, such as his age, socio-economic
status, and educational background, which may
serve as a trustworthy index of his capacity to
give a free and informed plea of guilty.
4.
Inform the accused the exact length of
imprisonment or nature of the penalty under the
law and the certainty that he will serve such
sentence. For not infrequently, an accused pleads
guilty in the hope of a lenient treatment or upon
bad advice or because of promises of the
authorities or parties of a lighter penalty should
he admit guilt or express remorse. It is the duty of
the judge to ensure that the accused does not
labor under these mistaken impressions because
a plea of guilty carries with it not only the
admission of authorship of the crime proper but
also of the aggravating circumstances attending
it, that increase punishment.
5.
Inquire if the accused knows the crime with
which he is charged and fully explain to him the
elements of the crime which is the basis of his
indictment. Failure of the court to do so would
constitute a violation of his fundamental right to
be informed of the precise nature of the
accusation against him and a denial of his right
to due process.
6.
All questions posed to the accused should be in a
language known and understood by the latter.
7.
The trial judge must satisfy himself that the
accused, in pleading guilty, is truly guilty. The
accused must be required to narrate the tragedy
or reenact the crime or furnish its missing details.
VIII. PHYSICAL DEFECT OF OFFENDER
When the offender is deaf and dumb, blind or otherwise
suffering from some physical defect, restricting his means of
action, defense or communication with other.
The physical defect must relate to the offense committed.
(e.g. blindness does not mitigate Estafa.)
Dumb, Defined
- Lacking the power of human speech
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GENERAL RULE: All of the physical defects of the offender
must be proven that such defect restricted his freedom of
action and understanding.
EXCEPTION: Complete blindness (BAR 2011)
Requisites:
(1) That the offender is deaf and dumb, blind or
otherwise suffering some physical defect
(2) Such defect restricts his means of action, defense, or
communications with his fellow beings
(3) The defect must relate to the crime committed
NOTE: This paragraph does not distinguish between the
educated and uneducated person with physical defects.
IX.
ILLNESS OF THE OFFENDER
Requisites:
(1) The illness of the offender must diminish the
exercise of his will-power
(2) Such illness should not deprive the offender of
consciousness of his acts
If completely lost the exercise of will power, it may be an
exempting circumstance.
X.
SIMILAR OR ANALOGOUS CIRCUMSTANCES
Examples:
(1) Over 60 years old with failing sight, similar to over
70 years of age under par. 2.
(2) The act of the accused leading the law enforces to
the place where he buried the instruments he used
to commit the crime are similar to voluntary
surrender.
(3) Extreme poverty, as similar to a state of necessity,
which may apply to crimes against poverty but not
violence, such as murder.
(4) Outraged feeling of unpaid creditor, as kin to
vindication and obfuscation.
(5) Appeal to the spirit de corps of the accused, as
analogous to passion.
(6) Wartime state of confusion resulting in illegal
possession of firearm after the liberation, as being
similar to lack of intent to commit so grave a
wrong.
(7) Voluntary return of funds malversed by the accused,
as equivalent to voluntary surrender. (BAR 2011)
(8) Testifying for the prosecution without being
discharged from the information, as being like a
plea of guilty
CIRCUMSTANCES WHICH ARE NEITHER EXEMPTING NOR
MITIGATING:
(1) Mistake in the blow (aberratio ictus)
(2) Mistake in the identity
(3) Entrapment
(4) Accused is over 18 years of age
PRIVILEGED MITIGATING CIRCUMSTANCES
A. MINORITY (Art. 68)
By virtue of RA 9344 or the Juvenile Justice and
Welfare Act, minority is always at least a privileged
mitigating circumstance
a. Minors below 15 years and below —
exempting circumstance
b. Minors over 15 years but under 18 acting
without discernment — exempting
circumstance
c. Minors over 15 years but under 18 acting
with discernment — privileged mitigating
under Art. 68
B.
MAJORITY OF THE REQUIREMENTS TO JUSTIFY OR
EXEMPT IS PRESENT (Art. 69)
NOTE: When the circumstance only requires two
elements, the presence of one is considered a
majority. This is a privileged mitigating
circumstance which cannot be offset by any
aggravating circumstance and is considered even if
the penalty prescribed is single and indivisible
under par. 1 of Art. 63. (People vs Oanis)
If there is only one or less than majority of the
elements present, the incompleteness is a mitigating
circumstance under Art. 13, and can be offset by a
generic aggravating circumstance.
SPECIFIC MITIGATING CIRCUMSTANCES
(1) Voluntary release within three days; without
attaining purpose; before criminal action (Illegal
Detention)
(2) Abandonment of spouse (Adultery)
(3) Intent
to
conceal
dishonor
of
mother
(Infanticide/Abortion)
CHAPTER FOUR
Circumstances Which Aggravate Criminal Liability
Art. 14. Aggravating Circumstance. – The following are
aggravating circumstances:
1. That advantage be taken by the offender of his
public position.
2. That the crime 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 due to 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.
4. That the act be committed with abuse of
confidence of obvious ungratefulness.
5. That the crime be committed in the palace of
the Chief Executive, or his presence, or where
public authorities are engaged in the
discharged of their duties, or in a place
dedicated to religious worship.
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6. That the crime be committed in the nighttime,
on 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.
8. That the crime be committed with the aid of
armed men or persons who insure or afford
impunity.
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial
for one crime, shall have been previously
convicted by final judgment or 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.
11. That the crime be committed in consideration
of a price, reward, or promise.
12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding 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 the craft, fraud, or disguise be employed.
15. That the advantage be taken of superior
strength, or means be employed to weaken the
defense.
16. That the act be committed with treachery
(alevosia)
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 insure its execution, without risk
to himself arising from the defense which the
offended party might make.
17. That means be employed or circumstance
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
effected by a way not intended for the purpose.
19. That as a means to the commission of a crime a
wall, roof, floor, doo, or window be broke.
20. That the crime be committed with the aid of
persons under fifteen years of age or be means
of motor vehicles, airships, or other similar
means.
21. That the wrong done in the commission of the
crime be deliberately augmented by causing
other wrong not necessary for its commission.
Aggravating Circumstance
- Those which, if attendant in the commission of the
crime, serve to increase the penalty without,
however, exceeding the maximum of the penalty
provided by law for the offense
- Basis: greater perversity of the offender in the
commission of the felony as shown by:
o Motivating power itself
o Place of commission
o Means and ways employed
o Time
o Personal circumstances of the offender or
the offended party
Kinds of Circumstances:
1. Generic – those that can be generally apply to all
crimes
2. Specific – those that apply only to particular crimes
3. Qualifying – those that change the nature of the
crime
4. Inherent- those that must of necessity accompany
the commission of the crime
a. Which in themselves constitute a crime
specially punishable by law
b. Which are included by law in defining a
crime
c. Inerent in the crime to such degree that it
must be of necessity accompany the
commission thereof
d. Inherent
in
other
aggravating
circumstance
5. Special – those which rise under special conditions
to increase the penalty of the offense and cannot be
offset by mitigating circumstances.
a. Quasi-recidivism
b. Complex crimes
c. Error in personae
d. Taking advantage of public position and
membership in an organized//syndicated
crime group
e. Use of unlicensed firearm in homicide or
murder
GENERIC AGGRAVATING
QUALIFYING
AGGRAVATING
As to its effects
Increases the penalty which
should be imposed upon
the
accused
to
the
maximum
period
but
without exceeding the limit
prescribed by law
To give the crime its proper
and exclusive name and to
place the author thereof in
such a situation as to
deserve no other penalty
than
that
specially
prescribed by law for said
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crime
As to whether it can be offset by mitigating circumstances
May be offset by an
ordinary
mitigating
circumstances since it is
not an ingredient of the
crime
Cannot be offset by a
mitigating
circumstance
since it is considered an
ingredient of the crime
Rules on Aggravating Circumstance
1. Aggravating circumstance shall not be appreciated if:
a. The constitute a crim especially punishable by law
b. Thy are included by the law in defining a crime and
prescribing the penalty therefor
2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crim eto such
a degree that it must of necessity accompany the
commission thereof
3. Aggravating circumstance which rise from the sources
listed below shall only serve to aggravate the liability of
the principals, accomplices, ad accessories as to whom
such circumstances are attendant:
a. From the moral attributes of the offender
b. From his private relations with the offended party
c. From any other personal cause
4. The circumstances which consist of the following shall
serve to aggravate the liability of those persons only
who had knowledge of them at the time of the execution
of the act or their cooperation therein
a. In the material execution of the act
b. In the means employed to accomplish it
5. Aggravating circumstances, regardless of its kinds,
should be especially alleges in the information AND
proved as fully as the crime itself in order to increase the
penalty. Such circumstances are not presumed.
(Generic aggravating circumstances, even if not alleged
in the information, may be proven during trial over the
objection of the defense and may be appreciated in
imposing the sentence – exemplary damages)
6. When there are more than one qualifying aggravating
circumstances present, one of them will be appreciated
as qualifying aggravating while the others will be
considered as generic aggravating
The aggravating circumstances of evident premeditation,
dwelling and unlawful entry, not having been alleged in the
Information, may not now be appreciated to enhance the
liability of accused-appellant.
- If not alleged, can only be considered as bases for
the award of exemplary damages
I.
That advantage be taken by the offender of
his public position
Basis: greater perversity of the offender, as shown by the
personal circumstance of the offender and also by the means
used to secure the commission of the crime
Applicable only when the offender is a public officer
As a means by which he realizes his purpose, the public
officer must use:
a. Influence
b. Prestige
c. Ascendancy
Did the accused abuse his office in order to commit the
crime?
● It cannot be taken into consideration in offenses
where taking advantage of official position is an
integral element of a crime. (malversation and
corruption)
● It is also inherent in the case of accessories under
Art. 19 par 3.
● RA 7659 provides that crimes committed by a public
officer will be given the penalty prescribed at its
maximum, regardless of the nature and number of
mitigating circumstances
● Not aggravating if accused could have perpetuated
the crime without occupying public position
II.
In contempt of or with insult to the public
authorities
Basis: greater perversity of the offender, as shown by his lack
of respect for the public authorities
Requisites:
(1) The public authority is engaged in the exercise of
hiss functions
Public Authority – a public officer who is directly
vested with jurisdiction, that is, a public officer who
has the power to govern and execute laws
Teachers or professors of a public school or
recognized private school and lawyers are NOT
public authority within the contemplation of this
paragraph
(2) The public authority is not the person against
whom the crime is committed
When crime committed is against a public authority
while he is in the performance of his official duty,
the offender commits direct assault
(3) The offender knows him to be a public authority
Lack of knowledge = no intention to insult the
public authority
(4) His presence has not prevented the offender from
committing the criminal act
III.
That the act be committed:
(1) With insult or in disregard of the
respect due the offended party on
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account o his (a) rank, (b) age, or (c)
sex
(2) That it be committed in the dwelling of
the offended party, if the latter has not
given provocation
Basis: greater perversity of the offender, as shown by the
personal circumstance of the offended party and the place of
the commission of the crime
Rank of the offeded paerty
- There must be a difference in the scial condition of
the offender and the offended party
- The designation or title of distinction used to fix the
relative position of the offended party in reference
to others
- The offender must have a superiority over the
offended party in terms of the invoked social
condition
Age of the offended party
- May refer to old age or the tender age of the victim
Sex of the offender party
- Female sex only
- Absorbed in treachery
● If all four circumstances are present, they have the
wight of one aggravating circumstance only
● The circumstance (rank, age, or sex) may be taken
into account only in crimes against persons or
honor
● Offender must deliberately offended the ran, age, or
sex of the offended party
Aggravating circumstance of disregard of rank,, age, or sex is
NOT APPLICABLE in the following cases
1. When the offender acted with passion and
obfuscation
2. When there exist a relationship between the
offended party and the offender
3. When the condition of being a woman is
indispensable in the commission of the crime
a. In parricide, rape, abduction and
seduction, sex is not aggravating
Dwelling
- A building or structure, exclusively used for rest and
comfort
- Basis: greater perversity of the offender, as shown
by the place of the commission of the offense
- The sanctity of privacy the law accords to human
abode
- Sanctuary worthy of respect
- Does not mean permanent residence or domicile
What aggravates the commission of the crime in one’s
dwelling
1. The abuse of confidence which the offended party
reposed in the offender by opening the door to him
2.
The violation of the sanctity of the home by
trespassing therein with violence or against the will
of the owner
Offended party must not give provocation
a. Given by the owner of the dwelling
b. Sufficient
c. Immediate to the commission of the crime
If all are present, dwelling is not an aggravating
circumstance
● It is not necessary that the accused should have
actually entered the dwelling of the vitim to commit
the offense
● The aggravating circumstances of dwelling requires
that the crim ebe wholly or partly committed
therein or in any integral part thereof
● Even if the killing took place outside the dwelling, it
is aggravating provided that the commission of the
crime bega in the dwelling
● Dwelling may mean “temporary dwelling”
● The victim need not be the owner or occupant of the
dwelling where he was shot
● Dwelling is not absorbed in treachery
● Dwelling includes dependenies, the foot of the
staircase and enclosure under the house
Dwelling is not aggravating in the following cases:
1. When both offender and offended party are
occupants of the same house
Exception: in case of adultery in the conjugal
dwelling, the same is aggravating. HOWEVER, if the
paramour also dwells in the conjugal dwelling, the
applicable aggravating circumstance is abuse of
confidence
2. When the robbery is committed by the use of force
upon things, dwelling is not aggravating because it
is inherent
3. In the crime of trespass to dwelling, it is inherent or
included by law in defining the crime
4. When the owner of the dwelling gave sufficient and
immediate provocation
5. When the dwelling where the crime was committed
did not belong to the offended party
6. When the rape was committed in the ground floor
of a two-story structure, the lower floor being used
as a video rental store, and not as a private place of
abode or residence
Dwelling was found aggravating although the crimes were
committed not in the dwelling of the victims
1. The victim was raped in the boarding house where
she was a bedspacer
2. The victim was raped in the paternal home where
she was a guest
IV.
(1) Abuse of confidence or (2) obvious
ungratefulness
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Basis: greater perversity of the offender, as shown by the
means and ways employed
Abuse of Confidence
- When the offended party has trusted the offender
who later abuses such trust by committing the
crime
- The culprit took advantage of the offended party’s
belief that the former would not abuse said
confidence
Requisites of abuse of confidence
(1) The offender party had trusted the offender
(2) The offender abused such trust by committing a
crime against the offended party
(3) The abuse of confidence facilitated the commission
of the crime
The confidence between the offender and the offended party
must be immediate and personal
It is inherent in malversation, qualified theft, estafa by
conversion or misappropriation, and qualified seduction
Must be dedicated to public religious worship; private
chapels are not included
● There must be an intention to desecrate the place
dedicated to public religious worship
● The President need not be in the Palace to
aggravate the liability of the offender. As long as he
was present, and his presence is known to the
accused when he committed the crime
● Except for the third which requires that the official
functions are being performed at the time of the
commission of the crime, other place mentioned are
aggravating per se even if no official duties or acts
of religious worship are being conducted there
● Cemeteries are not considered as place dedicated to
the worship of God
● Offender must have intention to commit ac crime
when he entered the place
● An electoral precinct or polling place during
Election Day is a place “where public authorities are
engaged in the discharge of their duties
VI.
Requisites of Obvious Ungratefulness
(1) The offended pary haf trusted the offender
(2) The offender abused such trust by committing a
crime against the offended party
(3) That tha act be committed with obvious
ungratefulness
The ungratefulness contemplated by the said paragraph
must be such obvious, clear and manifest gratitude o the
part of the accused
V.
Crime be committed in:
(1) Pace of the Chief Executive
(2) In his presence
(3) Where public authorities are engaged in the
discharge of their duties
(4) In a place dedicated to religious worship
Basis: greater perversity of the offender, as shown by the
place of the commission of the crime, which must be
respected
Place
where
public
authorities are engages
in the discharge of their
duties
Contempt in or insult to
public authorities
Public authorities are in
the performance of their
duties
Public authorities are in
the performance of their
duties
Performing their duties in
their office
Performing their duties
outside of their office
Public authority may be
the offended party
Public authority should not
be the offended party
Crime be committed in:
(1) Nighttime
(2) Uninhabited place
(3) By a band
Basis: time and place of the commission of the crime and
means and ways employed
When all 3 circumstance are present in the same case and
their element are distinctly palpable and can subsist
independently, they shall be considered separately
No applicable when the mitigating circumstances of passion
or obfuscation or sufficient provocation are present in the
commission of the crime
Nighttime, uninhabited place or band are aggravating
when:
a. It facilitated the commission of the crime
b. Especially sought for by the offender to insure the
commission of the crime of for the purpose of
impunity
c. The offender took advantage thereof for the
purpose of impunity
(1) Nighttime
a. That period of darkness beginning at end of dusk
and ending at dawn. Nights are from sunset to
sunrise.
b. Must be alleged in the Information that it was used
to commit the offense. Bare statement that the
crime happened in during nighttime is
unsatisfactory
c. It is necessary that the commission of the crime has
begin and completed at nighttime and the accused
took advantage of the nighttime
d. This circumstance may also be appreciated if the
crime happened at a dimly lit place, whether or not
it was actually nighttime or daytime
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e.
When the place of the crime is illuminated by light,
nighttime is not aggravating
f. It cannot be applied when it is an accidental
meeting or a chance encounter
g. Circumstances of nighttime, although not specially
sought for, shall aggravate criminal liability if it
facilitated the commission of the offense or the
offender took advantage of the same to commit the
offense
h. Lighting of matchstick or use of flashlights does not
negate appreciation of this circumstance
i. General Rule: Absorbed in treachery
Exception: where both the treacherous mode of
attack and nocturnity were deliberately decided
upon in the same case, they can be considered
separately if such circumstances have different
factual bases
(2) Uninhabited Place
a. Uninhabited place: where there are no houses at all,
a place at a considerable distance from town, or
where the houses are scattered at a great distance
from each other
b. The determining factor for the existence of this
circumstance is the reasonable possibility of the
victim receiving or securing aid from third persons
c. This should not be considered when the place whrer
the crime was committed could be seen and the
voice of the deceased could be heard from a nearby
house
d. It must appear that the solitude of the pace where
the crime was committed was sought in order to
better attain the purpose
e. The offenders must choose the place as an aid either
(1) to an easy and uninterrupted accomplishment of
their criminal designs, or (2) to insure concealment
of the offense, that he might thereby be better
secure against detection and punishment
f. Cannot be considered if the accused did not select
the place either to better attain ttheir object
without interference or to secure themselves
against detection and punishment
(3) Band
a. Band – more than 3 armed malefactors shall have
acted together in the commission of an offense
b. The four armed persons must ALL be principals by
direct participation who acted together in the
execution of the acts constituting the crime, in this
case, conspiracy is presumed.
c. If one of the four armed persons is a principal by
inducement, they do not form a band
d. Not applicable to crime against chastity (rape)
e. Considered in crimes against property and in crimes
against persons.
f. Must be used to the advantage of committing the
crime
g. When the armed men met up casually with others,
and a crime was thereafter committed, it cannot be
considered as an aggravating circumstance
VII.
On the occasion of a conflagration,
shipwreck, earthquake, epidemic, or other
calamity or misfortune
Basis: time of the commission of the crime
The offender must take advantage of the calamity or
misfortune
Instead of lending aid to the afflicted, adds to their suffering
by taking advantage of their misfortune to despoil them
If provocation is attendant, this cannot be considered as
aggravating circumstance
“other calamity or misfortune”: other conditions of distress
similar to those previously enumerated
VIII.
With aid of:
(1) Armed men
(2) Persons who insure or afford impunity
Basis: means and ways of committing the crime
Requisites:
(1) Armed men or persons took part in the commission
of the crime, directly or indirectly
(2) The accused availed himself of their aid or relied
upon them when the crime was committed
Casual presence of armed men does not constitute an
aggravating circumstance when it appears that the accused
did not avail himself of their aid or rely upon them to
commit the crime
This requires that the armed men are ACCOMPLICES who
take part in that minor capacity directly or indirectly, and
not when they were merely present at the crime scene.
Neither should constitute a band, for then the proper
aggravating circumstance would be “by a band”
When this aggravating circumstance shall NOT be
considered
1. When both the attacking party and the party
attacked were equally armed
2. When the accused as well as those who cooperated
with him in the commission of the crime acted
under the same place and for the same purpose
BY A BAND
WITH THE AID OF
ARMED MEN
As to their member
Requires more than
armed malefactors
3
At least two
As to their action
Requires that more than 3
armed malefactors shall
have acted together in the
This circumstance is
present even if one of the
offenders merely relied on
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commission of an offense
their aid, for actual aid is
not necessary
As to their liability
Band members
principals
are
all
Armed men
accomplices
are
mere
● Mere moral or psychological aid or reliance is
sufficient to constitute this aggravating offense.
● If there are four armed men, aid of armed men is
absorbed in employment of a band.
● “Aid of armed men” includes “armed women”
● Persons who insure or afford impunity must have or
be in a position of afford impunity (e.g. A judge)
IX.
since pardon does not obliterate the fact of his prior
conviction.
● There is no recidivism if the subsequent conviction
is for an offense committed before the offense
involved in the prior conviction. (i.e. Crime 1
committed before Crime 2. Accused was convicted of
Crime 2 first before Crime 1. There is no recidivism.)
PARDON
AMNESTY
The first conviction is still
counted to make him a
recidivist. Pardon does not
obliterate the fact of his
prior conviction.
The first offense is no
longer counted to make the
accused a recidivist. In the
case
of
amnesty,
it
theoretically considers the
previous transgressions as
not punishable. According
to article 89, amnesty
extinguishes the penalty
and all its effects.
Recidivist
Basis: greater perversity of the offender, as shown by his
inclination to crimes
Recidivist
- 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 the RPC
- Entitled to the benefits of the indeterminate
sentence law but is disqualified from availing credit
of his preventive imprisonment
Requisites:
(1) The offender is on trial for an offense
(2) He was previously convicted by final judgment of
another crime
(3) Both the first and second offenses are embraced in
the same title of the Code
(4) The offender is convicted of the new offense
● It is sufficient that the succeeding offense be
committed after the commission of the preceding
offense provided that at the time of his trial for the
second offense, the accused had already been
convicted of the first offense
● If both offenses were committed on the same date,
they shall be considered as only one; hence, they
cannot be separately counted in order to constitute
recidivism. Also, judgment of conviction handed
down on the same day shall be considered as only
one conviction.
● To prove recidivism, it is necessary to allege the
same in the information and to attach thereto a
certified copy of the sentences rendered against the
accused.
● Recidivism must be taken into account no matter
how many years have elapsed between the first and
second felonies.
● Even if the accused was granted a pardon for the
first offense, but he commits another felony
embraced in the same title of the code, the first
conviction is still counted to make him a recidivist
X.
That the offender has been previously
punished:
(1) For an offense to which the law attaches an
equal or greater penalty
(2) For two or more crimes which it attached a
lighter penalty
Basis: greater perversity of the offender as shown by his
inclination to crimes
Requisites of habituality:
(1) The accused is on trial for an offense
(2) He previously served sentence for another offense to
which the law attaches an equal or greater penalty
or for two or more crimes to which it attaches
lighter penalty than that for the mere offense
(3) He is convicted of the new offense
● Since reiteracion provides that the accused has duly
served the sentence for his previous conviction/s, or
is legally considered to have done so, quasirecidivism cannot at the same time constitute
reiteracion, hence this aggravating circumstance
cannot apply to a quasi-recidivist.
● If the same set of facts constitutes recidivism and
reiteracion, the liability of the accused should be
aggravated by recidivism which can easily be
proven.
REITERACION
RECIDIVISM
As to the first offense
It is necessary that the
offender shall have served
out his sentence for the
first offense
It is enough that a final
judgment
has
been
rendered in the first offense
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As to the kind of offense involved
The
previous
and
subsequent must not be
embraced in the same title
of the Code
Requires that the offenses
be included in the same
title of the Code
As to frequency
Not always an aggravating
circumstance
Always to be taken into
consideration in fixing the
penalty to be imposed upon
the accused
Four Forms of Repetition
Recidivism
Generic
aggravating
circumstance
Reiteracion or Habituality
Generic
aggravating
circumstance
Multi-recidivism
habitual delinquency
Extraordinary aggravating
circumstance
Quasi-recidivism
or
Special
aggravating
circumstance
Habitual Delinquency
- A person is a habitual delinquent if within a period
of ten years from the date of his (last) release or last
conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa, or
falsificación, he is found guilty of any of said crimes
a third time or oftener.
Quasi-recidivism
- Any person who shall commit a felony after having
been convicted by final judgment, before beginning
to serve such sentence, or while serving the same,
shall be punished by the maximum period of the
penalty prescribed by law for the new felony.
XI.
In consideration of a price, reward, or
promise
Basis: greater perversity of the offender as shown by the
motivating power itself.
● There must be two or more principals, the one who
gave or offered the price or promise and the one
who accepted it, both of whom are principals.
● This is appreciated in cases of principal by
inducement.
● If without previous promise it was given voluntarily
after the crime had been committed, it should not
be taken into consideration for the purpose of
increasing the penalty.
● The price, reward or promise need not consist of or
refer to material things or that the same were
actually delivered.
● It is sufficient that the offer made by the principal
by inducement be accepted by the principal by
direct participation before the commission of the
offense.
If alleged as a General
Circumstance
If alleged as Qualifying
Circumstance
Only the liability of the
receiver is affected
Both the liability of the
giver and the receiver are
affected
XII.
That the crime be committed by means of:
(1) Inundation
(2) Fire
(3) Poison
(4) Explosion
(5) Stranding of a vessel or international damage
thereto
(6) Derailment of a locomotive
(7) By the use of any other artifice involving great
waste and ruin
Basis: means and ways employed
● When another aggravating circumstance already
qualifies the crime, any of these aggravating
circumstances shall be considered as a generic
aggravating circumstance only.
● When there is no actual design to kill a person in
burning a house, it is plain arson even if a person is
killed. Had there been intent to kill, the crime
committed is murder, qualified by circumstance
that the crime was committed “by means of fire”.
● “Fire”, “explosion”, and “derailment of locomotive”
may be inherent in a particular crime, such as
arson, crimes involving destruction, and damages
and obstruction to means of communication. In
these cases, they do not serve to increase the
penalty.
● Unless used by the offender as a means to
accomplish a criminal purpose, any of the
circumstances in this paragraph cannot be
considered to increase the penalty or to change the
nature of the offense, as opposed to paragraph 7.
Par. 12 “by means of
inundation, fire, etc”
Par. 7 “on the occasion of
a conflagration,
shipwreck, etc.”
The crime is committed by
means of any such acts
involving great waste or
ruin
The crim is committed on
the occasion of a calamity
or misfortune wherein the
offender takes advantages
of the said circumstance
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XIII.
Evident premeditation
Basis: ways of committing the crime, because evident
premeditation implies a deliberate planning of the act before
executing it
May be considered as to principal by induction
Premeditation may not be appreciated absent any proof as
to how and when the plan to kill was hatched or what time
elapsed before it was carried out
Requisites: the prosecution must prove
(1) The time when the offender determined to commit
the crime
(2) An act manifestly indicating that the culprit has
cling to his determination
(3) A sufficient lapse of time between the determination
and execution, to allow him to reflect upon the
consequence of his act and to allow his conscience
to overcome the resolution of his will
● Mere threats without the second element do not
show evident premeditation.
● Three hours or less can be considered as sufficient
lapse of time.
● Evident premeditation is presumed to exist when
conspiracy is directly established.
● Premeditation is absorbed by reward or promise
but only insofar as the inducer is concerned since he
obviously reflected thereon in planning the crime
but not the person induced since one can be a
principal by direct participation without the benefit
of due reflection.
● Evident premeditation, while inherent in robbery,
may be aggravating in robbery with homicide if the
premeditation included the killing of the victim.
● It is a General Rule that evident premeditation is
not applicable in error in personae or aberratio
ictus, except if there was a general plan to kill
anyone to commit the crime premeditated.
● Evident premeditation is compatible with the
mitigating circumstance of immediate vindication
of a relative for a grave offense.
● Grudge or resentment is not a conclusive proof of
evident premeditation
XIV.
(1) craft, (2) fraud, or (3) disguise be
employed
Basis: means employed in the commission of the crime
Craft (astucia), defined
- Involves the use of intellectual trickery or cunning
on the part of the accused to aid in the execution of
his criminal design.
Fraud (fraude), defined
- Insidious words or machinations used to induce the
victim to act in a manner which would enable the
offender to carry out his design
● Craft and fraud may be absorbed in treachery if
they have been deliberately adopted as the means,
methods or forms for the treacherous strategy, or
they may co-exist independently.
● When the accused pretended to be buyers of the
store so that they could get close to the victim, such
is sufficient for the AC to attach. (People v Empacis)
FRAUD
CRAFT
The act of the accused done
in order to create a direct
inducement by insidious
words or machinations
The act of the accused done
in order not to arouse the
suspicion of the victim
constitutes craft
This is characterized by the intellectual or mental rather
than physical means to which the criminal resort to carry
out his design
Disguise (disfraz), defined
- Resorting to any device to conceal identity.
● The test of disguise is whether the device or
contrivance resorted to by the offender was
intended to or did make identification more
difficult, such as the use of a mask or false hair or
beard.
It is aggravating when:
1.
The accused is not recognized because of his
disguise.
2. The accused was masked, even though it fell off.
Not aggravating when:
1. In spite of the accused’s mask, he was nevertheless
objectively identifiable because his key facial
features are apparent.
2. When disguise is not purposely sought by the
offender to conceal his identity.
XV.
(1) superior strength or (2) to weaken the
defense
Advantage – use purposely excessive force out of proportion
to the means of defense available to the person attacked
No advantage of superior strength in the following:
1.
One who attacks another with passion and
obfuscation does not take advantage of superior
strength.
2. When a quarrel arose unexpectedly and the fatal
blow was struck at a time when the aggressor and
his victim were engaged against each other as man
to man.
3. When the attack was made on the victim
alternately.
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● In order to appreciate this circumstance, there must
be notorious inequality of forces between the
parties and the accused takes advantage of the
same.
● For abuse of superior strength, the test is the
relative strength of the offender and his victim.
● When there are several offenders participating in
the crime, they must all be principals by direct
participation and their attack against the victim
must be concerted and intended to be so.
● Abuse of superior strength is also present when the
offender uses a weapon which is out of proportion
to the defense available to the offended party.
● There is abuse of superior strength when a man
attacks a woman with a weapon.
● In parricide against the wife, it is generally
accepted that the husband is physically stronger
than the wife.
● Abuse of superior strength absorbs cuadrilla (band)
The means employed may amount to treachery when the
victim is not able to put up any sort of resistance
Advantage
taken
be
Means employed
weaken defense
To deliberately use excessive force
that is out of proportion to the
means for self-defense available to
the person attacked.
The offender employs means that
materially weakens the resisting
power.
Examples of “means employed to weaken defense”:
1.
Where one, struggling with another, suddenly
throws a cloak over the head of his opponents and
while in this situation he wounds or kills him.
2. One who, while fighting with another, suddenly
casts sand or dirt upon the latter eyes and then
wounds or kills him.
NOTE: This circumstance is applicable only to crimes against
persons, and sometimes against persons and property, such
as robbery with physical injuries or homicide.
XVI.
Treachery
Basis: means and ways employed in the commission of the
crime
Treachery, defined
- Present when the offender commits any of the
crimes against persons, employing means, methods
or forms in the execution thereof which tend
directly and specially to insure its execution,
without risk to himself arising from the defense
which the offended party might make.
Requisites:
(1) At the time of the attack, the victim was not in a
position to defend himself
(2) The offender consciously adopted the particular
means, method, or form of attack employed by him
Rules regarding treachery:
1. Applicable only to crimes against persons.
2. Means, methods or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously adopted.
4. Treachery is taken into account even if the crime
against the person is complexed with another felony
involving a different classification in the Code.
5. The suddenness of attack does not, of itself, suffice
to support a finding of alevosia, even if the purpose
was to kill, so long as the decision was made all of a
sudden and the victim’s helpless position was
accidental.
6. Treachery must be appreciated in the killing of a
child even if the manner of attack is not shown
7. Treachery is appreciated when the accused
employed means to render the victim defenseless
before the commission of the crime, or to eliminate
the risk of defense on the part of the offended party.
TITLE THREE
Penalties
CHAPTER ONE
Penalties in General
Penalty
- Suffering that is inflicted by the State for the
transgression of a law
- Signifies pain
- Suffering undergone because of the action of human
society, by one who commits a crime
Different juridical conditions of penalty: (Classical School)
1. Productive of suffering – without however affecting
the integrity of the human personality
2. Commensurate with the offense – different crimes,
different punishment
3. Personal – no one should be punished for the crime
of another
4. Legal – consequence of a judgment according to law
5. Certain – no one may escape its effects
6. Equal for all
7. Correctional
Purpose in punishing crimes
- Secure justice
Theories justifying penalty:
a. Prevention
b. Self-defense
c. Reformation
d. Exemplarity
e. Justice
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