Criminal Law 1 Finals Simplified Memory Aid | Gorriceta Notes
Article 13. Mitigating Circumstances
Article 14. Aggravating Circumstances
Mitigating Circumstance
Reduces penalty based on diminution, freedom of
action, intelligence, intent, or lesser perversity of the
offender
Ordinary
Lowers the penalty to a minimum period.
Can be offset by aggravating.
Generic
Generally apply to all crimes; can be offset by mitigating
Applies to art. 14 except stated otherwise
Privileged
Lowers the penalty by one or more degrees
Special
Treated the same manner as generic but cannot be offset by
mitigating
Qualifying
Increase the penalty
to a higher degree;
cannot be offset;
becomes elements of
the offense
Qualifying as Murder:
Inherent
Essential element of the crime
Not an aggravating circumstance in art 14; does not increase
penalty but is an element of the crime
Underlined = Privileged mitigating
B = Basis
(JALS-VOSc-PIO)
Incomplete
Justifying or
Exempting
Not all requisites are present
** insanity cannot be mitigating only exempting
** unlawful aggression must be present in case of self defense,
relatives, stranger
Age: over 15 under
18 w/ discernment
or over 70 yrs old
(Senility)
Minor: Diversion Program if acted with discernment
Senility: Must be 70 yrs old at the time of commission
B: Diminution of Intelligence
Lack of intention to
commit so grave of
a wrong
Intention; notable disparity between the mean employed and
the result
WIMB
1.
Weapon Used
2.
Injury Inflicted
3.
Manner Inflicted
4.
Body part injured
B: Diminution of Intent
(Not applicable to
negligence; no intent
to be diminished)
Sufficient
provocation/threat
on part of the
offended party
SOI
Vindication of a
grave offense
GOP
1.
Sufficient Provocation
2.
Originated from Offended Party
3.
Immediate to the Act
B: Diminution of Intent and Intelligence
Voluntary
Surrender/Confessi
on
Surrender: NAVA
1.
Offender has Not actually been arrested
2.
Offender surrendered himself to person in Authority
or its agents
3.
Surrender was Voluntary (spontaneous and unconditional)
4.
No pending warrant of Arrest/information filed
Confession: SOP
1.
Offender Spontaneously confessed guilt
2.
Made in Open/Competent Court
3.
Prior to the presentation of evidence
B: lesser perversity, act of repentance favorable to his reform
Illness
Taking advantage of
Public Position
Treachery
In consideration of a Reward/Promise
By means of Inundation, fire, poison, etc.
Calamities
Evident Premeditation
With Cruelty
Public officer must abuse his office/position by: IPA
Influence
Prestige
Ascendancy
B: Greater perversity; personal circumstance of offender;
means to secure commission
Inherent in malversation or falsification of document by public officers (not
mitigating)
Contempt of or Insult to
Public Authorities
PENK
1.
1.
2.
Both unlawful and sufficient
Not Far remove (time during perpetrator might
recover normal equanimity)
3.
Passion/Obf. Must arise from Lawful sentiment, not
revenge
Accused acted upon a impulse so powerful that it naturally
produced passion/obfuscation
Cannot co-exist with evident premeditation
B: Diminution of Intent and Intelligence
3.
4.
Disregard of the respect
due to the offended party
on Rank, Age, Sex, or
that it be committed in the
dwelling of the offended
party (not given
provocation)
Abuse of Confidence or
Obvious Ungratefulness
1.
Place:
DNo
Illness must Diminish the exercise of will-power
Illness does not deprive offender consciousness of
his acts
B: Diminution of Intent and Intelligence
Must be against Persons, honor, or security. Must
deliberately act with insult.
Rank: difference in social condition of the offender and
offended
Age: elderly or youth
Sex: refers to Female sex; disrespect to womanhood
( but not in, abduction, seduction, rape because it is
already inherent)
Dwelling: DINo
B: Sanctity of privacy accorded to human adobe
Building/structure exclusively used for comfort
1.
Committed the crime in the Dwelling of
offended party
2.
Intentionally disregard respect for dwelling.
3.
Offended has Not given provocation
RR
Physical defect must Restrict means of action,
defense, communication
2.
Related to the offense committed
No distinction between educated or uneducated
B: Diminution of freedom
Presence of authority has not prevented
offender
Public authority must engage in the Exercise
of his function
Not directly against public authority
Offender Know him to be public authority
Person in authority is a public officer directly vested with
jurisdiction; has power to govern and execute laws. (E.g. mayor,
councilor, governor, barangay capt., barangay chairman)
Does not apply to agents only (e.g chief of police)
1.
2.
Other similar reasons
or analogous
1.
2.
3.
4.
5.
6.
2.
BFL
Physical Defect of
offender
Serve to increase penalty without exceeding maximum
penalty prescribed
1.
Victim committed Grave offense
2.
Committed against Offender or relatives
3.
Proximate vindication of such grave offense
Consideration: Social standing, place, time insult was made
Concerns the honor of a person
B: conditions of voluntariness
Passion or
Obfuscation
Voluntary when:
He acknowledges his guilt
and Wishes to save the state
the trouble and expense
necessary for his search and
capture
Aggravating
Circumstances
Abuse of Confidence: TAF
1.
Offended party has Trusted the offender
2.
Offender Abused such trust
3.
Abuse of confidence Facilitated the
commission of the crime
Obvious Ungratefulness: TAO
1.
Trusted offender
2.
Offender Abused such trust
3.
Committed in Obvious ungratefulness
1.
2.
3.
4.
That the crime be
committed:
Nighttime (dusk to dawn)
In an uninhabited place
In the palace of Chief Executive
In his presence
Where Public authorities are engaged in the
discharge of their duties
In a place dedicated to religious worship
Nighttime: FET
1.
Facilitated the commission
2.
Especially sought by the offender to insure
crime
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Criminal Law 1 Finals Simplified Memory Aid | Gorriceta Notes
3.
Took advantage thereof for the purpose of
impunity
Place as an aid: UC
1.
Easy and Uninterrupted accomplishment
2.
Insure Concealment of the offense
By a band (4 or more)
Crime committed on
the occasion of
Calamities
2.
Armed man
(2 or more)
*Not in
Conspiracy
Persons who
inspire or
afford
impunity
Recidivism
Took advantage of a Conflagration, shipwreck,
earthquake, epidemic, or other calamity or misfortune.
Armed Man : TAR
1.
Armed men Took part in minor capacity in the
commission of the crime; directly or indirectly
2.
Accused Availed himself of their aid or Relied
upon them when crime was committed
Afford Impunity
1.
Sought or Consciously relied upon persons to
secure him against detection or punishment
TPSC
1.
2.
3.
4.
Reiteracion or
Habituality
Taking advantage of
Superior Strength
Or Means be employed
to weaken defense
Band: At Least 4 armed malefactors
FAP
1.
At Least Four
2.
Armed
3.
4 of them took Part by direct participation
*Qualifying in robbery
*Instead od lending aid, adds to the suffering by taking
advantage of misfortune
Aid of
1.
3.
1.
2.
Accused is on Trial of an Offense
He has Previously served sentence for
another offense
Weaken Defense e.g:
Dirt on eyes, intoxication, cloak over face, etc.
Treachery (Aleviosa)
Applicable only against
persons
: offender employing
means and methods in
the execution which tend
directly and specially to
insure the execution,
without risk to himself
arising from defense
which the offended party
might make.
NoDe
Ignominy
: makes it more
humiliating to the victim or
put them to shame, or add
to his moral suffering
Circumstance pertaining to the moral order which adds
disgrace and obloquy to the material injury caused by the
crime
Applies to:
1.
Crimes against Chastity
2.
Less serious physical injuries
3.
Light or grave coercion
4.
Murder
5.
Rape
Ex. Unnatural way of raping a victim, Raping a woman in
the presence of her husband, etc.
Unlawful Entry
(No breaking)
Must be meant to affect entrance and not escape. Entered
through an opening not intended for the purpose, like a
window.
(equal or greater penalty attached or two or more for
light penalties attached)
3.
In Consideration of a
Price, Reward, or
Promise
Offer must be made prior to the commission.
Crimes committed by
means of: IFPESDA
IFPESDA
1.
Inundation
2.
Fire
3.
Poison
4.
Explosion
5.
Stranding of a vessel or intentional damage
thereto
6.
Derailment of a locomotive
7.
By the use of any other artifice involving great
waste or ruin
** Fire explosion and derailment of locomotives are
qualifying circumstances for crimes such as arson,
destruction, damages and obstruction, etc.
Evident Premeditation
execution of the criminal
act must have preceded
by cool thought and
reflection
Inherent in
1.
Preconceived
Act (robbery,
theft, estafa)
2.
Robbery with
Homicide
3.
Treason
Employment of : Craft,
Fraud, Disguise
Prosecution must prove: TAS
1.
Time when the offender determined to commit
the crime
2.
Act manifestly indicating that the culprit clunch
to his determination
3.
Sufficient interval of time between the
determination and execution of the crime to
allow him to reflect upon the consequences of
his act and allow his conscience to overcome
the resolution of his will.
1.
2.
1.
Person attacked has NO opportunity to defend
himself or retaliate
2.
Deliberately or consciously adopted by
offender
Defenseless Condition such as attacking a minor/child
Sudden and Unexpected
Rationale: not respecting the walls erected by men to
guard their property and provide personal safety, shows
greater perversity and audacity
He is Convicted of the new offense
The price, reward, or promise must be the primary reason
or primordial motive of the commission of the crime
Advantage - use purposely excessive force out of
proportion to the means of defense available to the
attacked
Superior strength - inherent in parricide against wife
Notorious inequality of forces by : arms, numerical
superiority (depends)
Offender is on Trial of an offense
He was Previously convicted by final
judgment
Offense are embraced in the Same title of
RPC
Convicted of the new offense
TPC
Disguise - concealment of identity
As means to the
commission of a crime
1.
Wall
2.
Roof
3.
Door
4.
Floor
5.
Window be
broken
The breaking must be utilized as a means to commit the
crime, not necessary that the offender entered the
building.
Lawful when: Made by an officer by virtue of warrant
That the crime be
committed with:
1.
Aid of Persons
under 15 yrs
of age
2.
Means of
Motor
vehicles,
airships, or
other similar
means
1.
Taking advantage of irresponsibility of minors,
educating minors on how to commit a crime
2.
Counteract the great facilities found by
modern criminals in said means to commit
crime and flee and abscond once the same is
committed
Must be used by accused to purposely and deliberately in
facilitating the crime
Cruelty
: culprit enjoys and delight
in making his victim suffer
slowly and gradually
causing unnecessary
physical pain
DUn
1.
The injury caused be Deliberately increased
by causing other wrong
2.
The other wrong be Unnecessary for the
execution of the purpose of the offender
Deliberate prolongation of physical suffering of the victim
Craft - intellectual trickery and cunning on the
part of accused (in order not to arouse
suspicion)
Fraud - Insidious words or machinations as
direct inducement
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Criminal Law 1 Finals Simplified Memory Aid | Gorriceta Notes
promise, or words of command.
RID
Article 15. Alternative Circumstances
Relationship
Word of command:
a)
Words of command must have
intention of procuring the
commission
b)
The one who made the
command must have
ascendency or influence over the
person who acted
Indispensable Cooperation: CRA
1.
Participated in the Criminal
resolution
2.
Cooperation in the commission
of the offense by performing
another act, without which it
would not have been
accomplished
Offended party is: SADLA
a. Spouse
b. Ascendant
c. Descendant
d. Legitimate, Natural, or adopted brother or sister
e. Relative by Affinity in the same degree of the
offender.
Exempting (Art. 332 RPC)
Theft
Swindling or Estafa
Malicious Mischief
Mitigating – Crimes against property
Aggravating
Crimes against persons where the offended party is a
relative of a higher degree or is of the same level.
Homicide/Murder even if the victim is a relative of a
lower degree.
Intoxication
Article 18: Accomplices
Offender’s mental facilities must be affected by drunkenness
Mitigating
- Non-habitual
- Not subsequent to the plan to commit the felony
Aggravating
Habitual drunkard
subsequent to the plan or drunkenness is intentional
to commit a crime.
Degree of
Instruction and
Education of the
offender
Mitigating
- low degree of instruction
- low degree of education or lack of it
(lack of sufficient education is generally mitigating)
Aggravating - high degree of instruction / education and
takes advantage of their learning to commit the crime
(e.g A lawyer, who with abuse of his education, committs
estafa)
Exceptions to the rule: PC-TRM
1.
Crimes against Property
2.
Crimes against Chastity
3.
Treason
4.
Rape
5.
Murder or Homicide
Articles 16-20. Persons Criminally Liable for Felonies
Article 16: Who are Criminally
Liable
Article 17: Principals
1.
Direct Participation
2.
Inducement
3.
Indispensable
Cooperation
For grave and less grave:
1.
Principals
2.
Accomplices
3.
Accessories
Light felonies:
1.
Principals
2.
Accomplices
* accessories are not liable for light felonies,
social wrong is so small for penal sanction
Direct Participation: PC
1.
Participated in the Criminal
Resolution
2.
Carried out the plan personally
took part in its execution by acts
which directly tended the same
end.
Inducement: IDC
1.
Inducement be made with the
Intention of procuring the
commission of the crime
2.
Inducement be the Determining
Cause
Requisites to be liable as an accomplice:
CPR
1.
Community of design which
accomplice knows of and
concurs with, criminal design of
the
principal
by
direct
participation.
2.
Performance by the accomplice
of previous or simultaneous
acts not indispensable to the
commission of the crime.
3.
There be a Relation between
acts done by the principal and to
person
charged
as
an
accomplice.
Article 19: Accessories
1. By profiting themselves or
assisting the offender to profit by
the effects of the crime;
2. By concealing or destroying the
body, effects or instruments of the
crime to prevent its discovery; or
3. By harboring, concealing, or
assisting in the escape of the
principal of the crime, provided the
accessory acts with abuse of his
public functions or whenever the
author of the crime is guilty of
treason, parricide, murder, or an
attempt to take the life of the Chief
Executive, or is known to be
habitually guilty of some other
crime.
Article 20: Accessories who are
exempt from criminal liability
Rational: Based on the ties of
blood and the preservation of the
cleanliness of one’s name, which
compels one to conceal crimes
committed by relatives
Two classes of accessories in paragraph 3:
A. Public officers
Accessory is a public officer.
harbors , conceals, or assists in
the escape of the principal.
The public officer acts with abuse
of his public functions.
Crime committed by the principal
is any crime, provided it is not a
light felony
B. Private persons
Accessory is a private person.
He harbors, conceals, or assists
in the escape of the author of the
crime; and
The crime committed by the
principal is either treason,
parricide, murder, an attempt
against the life of the President,
or that the principal is known to
be habitually guilty of some other
crime
When the principal is his: SADLA
1.
Spouse
2.
Ascendant
3.
Descendant
4.
Legitimate, Natural, or adopted
brother or sister
5.
Relative by Affinity in the same
degree of the offender.
Exemption to the exemption:
Will make relative criminally liable::
1.
Profiting by the effects of the
crime
2.
By assisting the offender to profit
by the effect of the crime.
Reason: such act are prompted not by
affection but by a detestable greed
Two ways of Principal by Inducement:
1.
Directly forcing another to
commit a crime by Irresistible
force or by causing
uncontrollable fear
2.
By giving a price, reward,
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Criminal Law 1 Finals Simplified Memory Aid | Gorriceta Notes
Article 89 - 99. Extinction of Criminal Liability and Civil Liability
Article 89. Total Extinction
Article 90. Prescription of Crimes
Forfeiture or loss of the right of the
State to prosecute the offender
after a lapse of time
(D-SP3AM)
1. Death
2. Service of Sentence
3. Amnesty
4. Absolute pardon
5. Prescription of the crime
6. Prescription of the penalty
7. Marriage of the offended woman.
RACALOL
Reclusion
Perpetua/Reclusion
Temporal
20 Years
Afflictive Penalties
15 Years
Correctional Penalties
10 Years
Arresto Mayor
5 Years
Libel and Similar
Offenses
1 Year
Oral Defamation and
Slander by Deed
6 Months
Light Offenses
2 months
Penalties must be imposed by Final
sentence
Interrupted:
1.
Gives himself up
2.
Captured
3.
Goes to a Foreign country with
which Ph has no extradition
treaty with
4.
Commits another crime before
the expiration of the period of
prescription
Article 94. Partial extinction
1. By conditional pardon;
Conditional Pardon: a contact between the
sovereign power of executive and the conflict
that the former will release upon compliance
with the condition
2. By commutation of the sentence;
and
3. For good conduct allowances
which the culprit may earn while he
is serving his sentence.
Article 95. Obligation incurred by a
person granted conditional pardon
Usual condition: he shall not again violate
any of the penal laws of the PH
Parole: conditional release of an offender
from correctional institution after he has
served the minimum of his prison sentence
1.
2.
3.
Article 96. Effect of commutation of
sentence
Prescription of crimes punishable by FINES:
ACL
Article 91. Computation of
prescription of offenses
Exemptions:
1.
Continuing crimes
2.
Crime of false testimony
3.
Election offenses (from
the date of commission
4.
Bigamy (date of
discovery; not marriage)
Afflictive
15 years
Correctional
10 years
Light Penalty
2 months
Commences: from the day the crime was
discovered by the Offended party, the
authorities, or their agents.
Forfeiture or loss of the right of the
state to enforce the penalty
imposed on a convict due to lapse of
time from the time convict evaded
arrest
Article 97. Allowance for good
conduct
: Deduction from the term of the
sentence for good behavior
Computation:
Actual period of detention + GCA =
total period of preventive
imprisonment
Interrupted: by filing of the complaint or
information corresponding the offense
committed with the prosecutor
Penalties must be imposed by Final
sentence
Article 93. Computation of the
prescription of penalties
Article 98. Special time allowance for
loyalty
20 years
Afflictive Penalties
15 years
Correctional
10 years
Arresto mayor
5 years
Light Penalties
1 year
Commences: From the date culprit evaded
service
GCA: Deduction from period of sentence
-20 days
2 years
-23 days
3rd - 5th year
-25 days
6th - 10th year
-30 days
11th year onwards
Each month of
Good behavior of
study/teaching/m
entoring
When offender is absent from the Philippines
Death and
Reclusion
perpetua
Commutation of Sentence
Refers to the reduction of prison sentences.
The change of decision of the court made by
the Chief executive by reducing degree of
the penalty, by decreasing length of
imprisonment, or amount of fine
The commutation of the original sentence for
another of a different length and nature shall
have the legal effect of substituting the latter
in the place of the former.
Resumption: when proceeding terminate
without accused being convicted or
acquitted, or unjustifiable stopped for reason
not imputable to him
Article 92. When and how
penalties prescribe
Must comply strictly with the
conditions
Failure to comply shall result in
the revocation of pardon, Chief
executive may order his arrest
and reincarnation
Liable under art. 159
Additional
deduction of
15 days
Refers to the unexpired portion of his
sentence
Deduction
of ⅖
Prisoner choose to
stay in the place of
his confinement
notwithstanding the
existence of
calamity/catastrophe
Deduction
of ⅕
Prisoner who having
evaded his service
of sentence under
the circumstance
mentioned in art.
158
(calamity/catastroph
e) gives himself up
to authorities within
48 hrs following the
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Criminal Law 1 Finals Simplified Memory Aid | Gorriceta Notes
proclamation of the
passing of such
calamity
Article 99. Who grants time
allowance
1.
2.
3.
Director of Bureau of Corrections
Chief of Bureau of Jail
Management and Penology
Warden of provincial, district,
municipal or city jails
Article 100. Persons Civilly Liable for Felonies
As a general rule, an offense causes two classes of injuries
1. Social Injury – produced by the disturbance and alarm which are the
outcome of the offense; Sought to be repaired through the imposition
of the corresponding penalty
2. Personal Injury – caused to the victim of the crime who may have
suffered damage, either to his person, property, honor, or chastity.
Damages
Crimes against property – based on the price of the thing and its special
sentimental value to the injured party may be recovered if the thing itself
cannot be restored.
Crimes against persons
paid for whatever he spent for the treatment of his wounds, doctor’s
fees, medicine, as well as the salary/wages unearned by him because
of his inability to work.
Damages may also be recovered for loss or impairment of earning
capacity in cases of temporary or permanent personal injury.
Moral Damages – may be recovered in a criminal offense resulting in physical
injuries, in the crimes of seduction, abduction, rape or other lascivious acts,
adultery or concubinage, illegal or arbitrary detention or arrest, illegal search,
libel, slander or any form of defamation, and in malicious prosecution.
Exemplary Damages – may be imposed when the crime was committed with
one or more aggravating circumstances.
Civil Liability ex delicto for death caused by a crime is ₱100,000 where the
penalty imposed is death but reduced to reclusion perpetua and to ₱75,000 for
direct reclusion perpetua.
1)
2)
3)
●
●
●
The defendant shall be liable for the loss of the earning capacity of
the deceased, unless the deceased, on account of permanent
physical disability not caused by the defendant, had no earning
capacity.
He shall be liable to give support if the deceased was obliged to
give support to one not an heir of the deceased
He shall pay moral damages for mental anguish to the spouse,
legitimate and illegitimate descendants and ascendants.
No damage caused by the commission of the crime = No civil liability.
A person criminally liable for a felony is also civilly liable
Extinction of criminal liability does not carry with it the extinction of civil
liability.
Civil Liability may exist in these cases although the accused is not held
criminally liable:
1.
Acquittal on reasonable doubt
2.
Acquittal from a cause of non-imputability
3.
Acquittal in the criminal action for negligence
4.
When there is only civil liability
5.
Cases of independent civil actions.
5