Académique Documents
Professionnel Documents
Culture Documents
Book I
Atty. Estrada
You should know the nature of the defense of your witness. Atty. Estrada
If you want to learn, presume you know nothing.
Dangerous Tendency Rule All elements of a crime should be present. One
element might be presented in the question to mislead you to picking the wrong
answer.
Cattle rustling taking a large animal against the will of the owner, or killing the
same against the will of the owner.
Criminal lawFelony an act or omission committed either negligently or intentionally punished
under RPC.
Crime an act violative of a penal law, be it RPC, special law or ordinance.
Offense an act penalized by any law except by RPC.
Felonies under RPC oftentimes are being called crimes. Even Art. 4 Paragraph 2
mentions impossible crimes.
The terms felony and crimes can be used interchangeably.
Theories of Criminal Law
1. Classical Theory man is rational being by nature, he knows how to distinguish
between right and wrong, and knows the consequence of wrong is retribution.
2. Positivist Theory man by nature is basically good, a victim of circumstances
and of natural social phenomenon that compels him to do wrong and commit a
crime. RPC is based on this theory.
3. Eclectic Theory a combination of classical and positivist theory.
4. Utilitarian Theory the main object of punishment/penalty is to punish a
criminal or would-be criminal. Criminal law should not be construed literally if such
would result to opportunism.
Characteristics of Criminal Law
1. Generality
2. Territoriality
3. Prospectivity
Chai is a Panamian Ambassador to RP. He met a lady and they dated. They were
seen on CCTV going to the condominium of the diplomat. They were seen kissing in
the elevator. He was later seen going out in a jovial mood. The lady claimed later on
he was raped by the Panamanian diplomat. Can the diplomat be charged criminally?
No, he is not criminally liable. Chai is a diplomat. Under RA 75, diplomats enjoy
diplomatic immunity and thus are exempt from criminal or civil liability, and thus
Chai cannot be charged criminally.
Regarding generality, there are persons who are exempt from criminal liability, as
follows: Heads of state, ambassador, minister or resident , minister plenipotentiary,
charge de affaires
Are members of the official retinue of the ambassador enjoying diplomatic
immunity as enjoyed by the ambassador?
Members of the household or members of the official retinue of a foreign
ambassador may be exempt from criminal liability. They also enjoy diplomatic
immunity, provided two conditions are present (2 conditions sine qua non):
1. His name is furnished to the DFA; and
2. Provided further, that the country of said foreign ambassador provides reciprocal
immunity to the members of the household or official retinue of the Philippine
ambassador.
Republic Act 75 the law which provides that members of official household or
retinue of foreign ambassadors enjoy diplomatic immunity provided that two
conditions are present (2 conditions sine qua non):
1. His name is furnished to the DFA; and
2. Provided further, that the country of said foreign ambassador provides reciprocal
immunity to the members of the household or official retinue of the Philippine
ambassador.
Diplomats of a foreign country enjoy diplomatic immunity. Diplomats of a foreign
country are exempt from application of RPC. They enjoys such immunity based on
the Vienna Convention.
X and Y were in the moon. While in the moon, X killed Y.
What crime did X commit?
X committed homicide. (Homicide- plain and simple killing.) No other qualifying and
aggravating circumstance being mentioned, it is homicide. The moment killing is
accompanied by any qualifying aggravating circumstances under Art. 200, killing
becomes murder.
Is X criminally liable?
X is not liable. The killing by X of Y happened on the moon. The moon is outside RP
territory. Criminal law is territorial in character.
A crime can be punished only if act is within the territorial limits of a
country.
Johnny and Susan, Filipino Citizens are husband and wife. Johnny went to work in
Japan where he met Katrina. Marco had introduced him to Katrina. Johnny fell in
love with her and proposed. They got married in Japan.
What crime, if any, did Johnny do?
Johnny committed bigamy. He contracted a second marriage while his marriage
subsists. Under the law, bigamy is committed when a second marriage was had
while a previous marriage was still valid and existing.
Is Johnny criminally liable?
No, Johnny is not criminally liable. The marriage was conducted in Japan, which is
outside of RP territory. Criminal law is territorial in character.
How to present your answers effectively and concisely:
1. Answer the question in a declarative sentence.
Ex. Johnny committed bigamy.
2. Lay the Predicate.
Ex. He contracted a second marriage while his marriage subsists.
3. Give the legal basis.
Ex. Under the law, bigamy is committed when a second marriage was had while a
previous marriage was still valid and existing.
General Rule:
Criminal law applies generally to all persons who live or sojourn in RP.
Exceptions:
Heads of state, ambassador, minister or resident , minister
plenipotentiary, charge de affaires.
Members of the household or members of the official retinue of a foreign
ambassador may be exempt from criminal liability. They also enjoy diplomatic
immunity, provided two conditions are present (2 conditions sine qua non):
1. His name is furnished to the DFA; and
2. Provided further, that the country of said foreign ambassador provides reciprocal
immunity to the members of the household or official retinue of the Philippine
ambassador.
General Rule:
RPC is applicable within RP.
Exceptions to territoriality rule
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, its 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 Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;chan
robles virtual law library
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding 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.
Culpable
Freedom
Intelligence
Negligence
Negligence is through : Lack of
foresight/lack of skill/imprudence
bush. Behind the bush happened to be B, answering the call of nature. B shouted in
pain and died.
Is A liable for the death of B?
Yes, A is liable for Bs death. A fired his gun without ascertaining what was moving
was a wild boar or not. A did not exercise the necessary prudence or caution to
prevent injury to some other person/persons. A was negligent.
What was the felony committed?
A committed a culpable felony. (Reckless imprudence resulting to homicide)
A, B, C, and D went hunting in the forest in single file. C, clipped his shotgun under
his armpit, with trigger on his gun, and barrel pointing at B. C tripped. The gun
discharged and injured B. Was C liable for Bs injury?
Yes, C was liable for Bs injury. C lacked foresight in handling his weapon with the
barrel pointing at B. C did not exercise the necessary caution or foresight to prevent
any injury to another in handling his weapon. C was negligent.
A policeman passed A and B fighting. The policeman tried to pacify them, but kept
on fighting. To finally pacify them, the policeman fired a bullet on the floor. The
bullet ricocheted and hit a kibitzer.
Is the policeman liable for the death of the kibitzer?
Yes, the policeman is liable for the kibitzers death. The policeman was negligent
when he fired the gun in the floor, without considering it might ricochet and hit the
kibitzer. He lacked foresight, and thus was negligent.
On the eve of New Years Day, the policeman fired in the air. The bullet hit a child,
killing him. Is the policeman liable for the childs death?
Yes, the policeman is liable for the childs death. The policeman was negligent when
he fired the gun in the air, without considering it might hit anyone. He lacked
foresight, and thus was negligent when he fired the gun in the air.
X placed his gun on the table. One of his children was playing in the area with his
playmates, nudged the table, and the gun fired. The bullet hit one playmate.
Is X liable for the death of the child?
Yes X is liable. He was negligent in leaving the gun on the table where children were
nearby playing. He lacked foresight, and thus was negligent in leaving the gun on
the table, making it possible for the accidental discharge of the gun when it fell from
the table.
A, with intent to inflict serious injury upon B, threw a stone at B. B was able to
evade it, but the stone hit C. C was hospitalized for more than sixty days. An
information of reckless imprudence resulting to SPI was charged.
Is the charge correct?
No, the charge was not correct. When A threw the stone at B, there was intent to
inflict harm on B. Reckless imprudence means there was no intent, so it is
not the correct charge. Article 4 1st paragraph states that any person commits a
wrongful act, even if the act was different from what was intended makes that
person liable for the act committed.
Is he liable?
Yes, A is liable for the death of C. When A carnapped the car of B, he was
committing a felony. Under the law, any person committing a felony is
criminally liable although the wrongful act done was different from what
was intended.
Impossible crimes
Art. 4. Criminal liability. Criminal liability shall be incurred:
***
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
an account of the employment of inadequate or ineffectual means.
Ways committed:
1. Inherent impossibility of accomplishment
2. Employment of inadequate means
3. Employment of ineffectual means
How is this possible?
1. Legal impossibility
2. Physical or factual impossibility
Legal impossibility
Ex. Theft is unlawful taking without owners knowledge and with intent to gain.
A, a pickpocket, picked a wallet from B. When A reached home, he checked the
wallet, and found his watch which had been missing for two months.
Can A be a thief of his own property?
No, A is not liable for theft of his own property, but he can be liable of impossible
crime of theft.
Physical or factual impossibility
A is a cashier of a bank, who knows 1M is present always. She opened the safe with
intent to steal, as she knows the combination. She was shocked to find the vault
empty.
Was she guilty of theft?
No, as there was nothing to steal. Instead, A is guilty of impossible crime of theft, as
she had intended to steal the money in the vault but that became impossible due to
the vault being empty.
A went to Bs house with murderous intent. When he saw B lying on the sofa, he
proceeded to stab B. When A felt the pulse, he was shocked that B was dead
already, rigor mortis having set already.
What did he commit?
A committed impossible crime, as the murder of B was inherently impossible of
accomplishment.
Suppose with the same facts, A saw B in bed. A tried to wake up B so as to make
him aware of his death. However, A found B dead already of heart attack. In anger,
A stabbed Bs body 100 times. What crime did he commit?
He committed no crime.
J is in the farm. He saw a beautiful lady lying in the grass who was seemingly
unconscious. He proceeded to have sexual intercourse. He later found out that the
lady was already dead.
What was the crime?
Impossible crime of rape. J had a criminal mind and had carnal knowledge over her,
not knowing she is dead.
Why?
Rape is now a crime against person under RA 8353.
Note:
RA 8353 New Rape Law insertion of any instrument or object into the
genitalia or anus, with force = rape by sexual assault
Article 266-A. Rape: When And How Committed. - Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise unconscious;
"c) By means of fraudulent machination or grave abuse of authority; and
"d) When the offended party is under twelve (12) years of age or is demented,
even though none of the circumstances mentioned above be present.
Impose the proper judgment and make a suggestion to the President through the
Secretary of Justice about the inherent cruelty of the punishment and possible
alternative punishemnt thereto.
Note to myself: The defense oft cited by many accused of rape was that there was
no total penetration. This doctrine would mean that even if the penetration was
partial, or even mere skin to skin contact, consummates rape.
Note:
RA 8353 New Rape Law insertion of any instrument or object into the
genitalia or anus, with force = rape by sexual assault
Article 266-A. Rape: When And How Committed. - Rape is committed:
"1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise
unconscious;
"c) By means of fraudulent machination or grave abuse of authority;
and
"d) When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned above
be present.
PP vs Campuhan 2000
The danger there is that that concept may send the wrong signal to every roaming
lothario, whenever the opportunity bares itself, to better intrude with climactic
gusto, sans any restraint, since after all any attempted fornication would be
considered consummated rape and punished as such. A mere strafing of the citadel
of passion would then be considered a deadly fait accompli, which is absurd.
***
Judicial depiction of consummated rape has not been confined to the oftquoted "touching of the female organ," but has also progressed into being
described as "the introduction of the male organ into the labia of the
pudendum," or "the bombardment of the drawbridge." But, to our mind, the
case at bar merely constitutes a "shelling of the castle of orgasmic potency," or as
earlier stated, a "strafing of the citadel of passion."
Conspiracy
Art. 8. Conspiracy and proposal to commit felony. Conspiracy and proposal to
commit felony are punishable only in the cases in which the law specially provides a
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.
to
to
to
to
to
to
commit
commit
commit
commit
commit
commit
treason.
arson
sedition
rebellion
coup de etat
terrorism.
A B and C were in a restaurant. There, they agreed to murder the mayor. The waiter
overheard them. The waiter slipped to the back door and ran to the station and
reported the fact. The policemen arrested A, B and C. What crime did A, B and C
did?
None. There is no crime of conspiracy to commit murder.
A, B and C decided to commit murder. A acted the lookout, B, the driver and C the
shooter. C killed D.
Are A and B liable for killing D?
Yes, they are liable for killing D. A and B are co-conspirators of C. When there is a
conspiracy, under Article 8 of the RPC, the act of one is the act of all.
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 concur;
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. Any one who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives
by affinity in the same degrees and those consanguinity within the fourth civil
degree, provided that the first and second requisites prescribed in the next
preceding circumstance are present, and the further requisite, in case the
revocation was given by the person attacked, that the one making defense had no
part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that
the first and second requisites mentioned in the first circumstance of this Art. are
present and that the person defending be not induced by revenge, resentment, or
other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes
damage to another, provided that the following requisites are present;
cocked his rifle. B, bodyguard of Y, got the barrel of the rifle and pulled it down. X
got his gun out and shot B. Was there self-defense? Would you convict or acquit?
If I were the judge, I would convict. When B pulled down the barrel, there was no
more aggression. The mere cocking of the rifle itself does not constitute unlawful
aggression. There was nothing to repel.
State of necessity elements (DOCTRINE OF STATE OF NECESSITY)
1. The evil sought to be avoided actually exists
2. The injury feared be greater than that done to avoid it
3. There be no other practical and less harmful means of preventing it
Under the state of necessity doctrine, person will not be criminally liable, only civilly
liable.
Performance of a lawful duty
Obedience of a lawful order the order given must be within authority of
the one giving the command, and must be within the bounds of law.
Battered Woman Syndrome (BWS)
Atty. Estrada: When you marry for good reasons, a thousand flowers will
bloom. But if you marry for flawed reasons, you may be living a life in
perpetual agony.
People vs. Genosa
Spouses must undergo at least 3 cycles of the 3 stages of BWS:
1 Tension building phase
2. Acute battering phase
3. Tranquil period
The acute battering stage must take place at least twice.
Where the brutalized person is already suffering from BWS, further evidence of
actual physical assault at the time of the killing is not required. Incidents of
domestic battery usually have a predictable pattern. To require the battered person
to await an obvious, deadly attack before she can defend her life "would amount to
sentencing her to 'murder by installment.' Still, impending danger (based on the
conduct of the victim in previous battering episodes) prior to the defendant's use of
deadly force must be shown. Threatening behavior or communication can satisfy
the required imminence of danger. Considering such circumstances and the
existence of BWS, self-defense may be appreciated.
Atty. Estrada Disagrees:
Genosa had been abused many times prior, 11 years since marriage. Genosa had
presented 27 medical certificates, showing she underwent 27 times at
least of the acute battering phase. There was constant danger existing in
her mind for so long, that there was unlawful aggression existent for so
long.
Where the SC failed to give to Genosa, RA 9262 was enacted. BWS is now
a complete self-defense. Even if there is incomplete self-defense per se,
BWS will still be considered a justifying circumstance. A woman who
successfully defends herself with BWS is neither civilly nor criminally
liable.
Remedies of a battered wife:
BPO (Barangay Protection Order)
TPO (Temporary Protection Order)
PPO (Permanent Protection Order)
BWS- connotes physical, economical, psychological abuse.
Art. 12 Exempting Circumstances
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 (delito), 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. (REPEALED)
3. A person over nine years of age and under fifteen, exempt.
Over 15 but under 18, exempt unless he has acted with discernment, in which case,
such minor shall be proceeded against in accordance with the provisions of Art. 80
of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in
conformably 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 Art. 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 act under the compulsion of 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 insuperable cause.
2. That the offender is under eighteen year of age or over seventy years. In the case
of the minor, he shall be proceeded against in accordance with the provisions of Art.
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, or relatives by
affinity within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced
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 the 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 communications with his
fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of
the offender without however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those
above mentioned.
Mitigating circumstances shows the lesser perversity of defendant,
resulting in the lessening of the penalty or imposition of penalty in its
minimum.
Reclusion Perpetua
Reclusion Temporal
Prision Mayor
Prision Correccional
Arresto Mayor
Destierro
Arresto Menor
Reclusion Perpetua
Reclusion Temporal
Max
Med
Min
Prision Mayor
Max
Med
Min
Prision Correccional
Arresto Mayor
Destierro
Arresto Menor
It is wrong for a judge to sentence someone guilty of murder to reclusion
perpetua or death. He must impose only death. There had been cases
judges had been suspended or removed for ignorance of the law.
If there is mitigating circumstance, judge must impose lesser penalty or
minimum.
Reclusion Perpetua and Death are indivisible penalties.
How mitigation happens:
1 aggravating 1 mitigating =0
0 Aggravating 1 mitigating = lesser penalty/penalty in its minimum
0 aggravating 2 mitigating circumstance = 1 step below.
Surrender must be to a person in authority. Even if there is distance from
scene of the crime and place of surrender, there is mitigating circumstance,
unless surrender was voluntary, no arrest being made.
Plea of guilt made before a court of competent jurisdiction. Voluntary plea of
guilt given at earliest opportunity before prosecution could present evidence.
A was charged with homicide before MTC. He pleaded guilt. Was there a mitigating
circumstance?
No, there can be no MC of plea of guilt. MTC is not a court of competent jurisdiction
for homicide cases.
Lack of intent to commit a wrong.
Passion and obfuscation it must arise from lawful sentiments, not from
bestial instincts.
Art. 14. Aggravating circumstances. The following are aggravating circumstances:
1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due the
offended party on account of his rank, age, or sex, or that is be committed in the
dwelling of the offended party, if the latter has not given provocation.
17. That means be employed or circumstances 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 of a crime a wall, roof, floor, door, or
window be broken.
20. That the crime be committed with the aid of persons under fifteen years of age
or by means of motor vehicles, motorized watercraft, airships, or other similar
means. (As amended by RA 5438).
21. That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for its commissions.
4 kinds:
Generic/Ordinary aggravating circumstances generally applicable to all.
Specific only on specific instances.
Inherent necessarily included in the crime.
Qualifying raises category of a crime and gives it a proper name.
Ordinary AC
Nighttime this is not a QAC, only an OAC
Dwelling generic/ordinary AC, provided victim gave no provocation. Accused
need not be inside the dwelling. Victim must be within the vicinity.
Based on an actual case:
B was a cook in the farm. B was cooking in her house when C dragged her out of the
house to an unfinished construction 200m from the house and raped her there. Was
there dwelling as an OAC?
SC: While the victim was raped outside of her house, the unlawful aggression
started from her house. Hence, dwelling is still an AC.
ATTY ESTRADA: Yes. The fact that the crime started at the house and was
then relocated to another place should not remove the circumstance of
dwelling.
Recidivisim a person who at the time imprisonment or prior to service of sentence
shall be convicted by final judgment of a crime from the same title of the crime
previously convicted.
Quasi- recidivist he committed a felony while serving sentence.
Bx
C Principal by inducement
D Principal by direct participation
Principal by inducement is a person who directly forces or induces another to
commit a crime. The inducement must be the moving factor for the
commission of the crime. There must be a relationship between the inducer and
the induced.
A and B were talking while C passed. A told B to kill C. B said Barilin mo nga si C.
Was there inducement?
No. Thoughtless statements/expression cannot be considered inducement.
A told B If I were you, you should kill your husband. Is there inducement?
No. Thoughtless statements/expression cannot be considered inducement.
PP vs. Janet Clemente
It may be true that Janet pointed to Edwards the deceased Felarca, who rushed to
the aid of his friends, despite the gunfire, from behind the car of the accused, and
that Edwards promptly shot the latter. But considering the situation that Edwards
had already hit Navasca, and Canial on the other side of the car was using and firing
a carbine, it is unlikely that Janet's statement "Iyan pa ang isa dumarating"
was taken and obeyed by Edwards as an order to shoot. From all indications,
Edwards then did not need prodding or instigation from anybody to fire at anyone
who would rush towards him, as Felarca had imprudently done. Janet's statement
partook more of a warning to Edwards of an impending threat than an inducement
to shoot.
For the utterances of an accused to make him a principal by inducement, it is
necessary that the words be of such nature and uttered in such a manner as to
become the determining cause of the crime, and that the inducement precisely was
intended to serve such purpose. In other words, the inciting words must have
great dominance and influence over the person who acts; they ought to be
direct and as efficacious or powerful as physical or moral coercion or
violence itself. Thus, where the alleged inducement to commit the crime was no
longer necessary to incite the assailant, then the uttered can not be held
accountable for the crime as a principal by inducement. Her statement do not,
therefore, make Janet Clemente incur criminal liability for the killings effected by her
co-accused.
Direct inducement - a principal by inducement must exercise moral
ascendancy over a principal by direct participation in order to be considered
a principal by direct inducement.
A calls for his son B. A told B to kill Y. B agreed. Is the father a principal by
inducement?
Yes as A has moral ascendancy over B.
should not be equal or greater than the act of the principal by direct
participation.
Ex. A stabbed X. B was there, witnessed the act of A. B attacked X by raining
punches on X. X died of the stab wound. Is A liable?
Yes A is liable as a Principal by Direct Participation.
What is Bs liability?
B is an Accomplice. B, after witnessing the attack of X by A, only rained punches on
X. Under the law, an accomplices participation should not be equal or greater than
the act done by the principal.
Suppose A slapped X. B saw this and B stabbed X. X died due to the stab wound.
What is the liability of B?
B is not an accomplice. Bs act was greater than the slapping of A. B is liable as
principal (for homicide).
What is the liability of A?
A is a principal by direct participation for slight physical injuries.
ACCESSORY (Art. 19 RPC)
Art. 19. Accessories. Accessories are those who, having knowledge of the
commission of the crime, and without having participated therein, either as
principals or accomplices, take part subsequent to its commission in any of the
following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the
crime.
2. By concealing or destroying the body of the crime, or the effects or instruments
thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals 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.
How one becomes an accessory:
1. Profiting by the effects of the crime or helping offender to profit by the
effects of the crime.
-Person must know of the crime.
2. Conceal the body of the crime or the instrument of the crime
Corpus delicti the fact that the crime has been committed
A killed B with a gun. A told X that he killed B and asked X to keep the gun. X
agreed. X is an accessory.
3. An accessory is a person who harbors, conceals or assists in escape of the
principal who is guilty (COMMITTED) of the crime of TPMA-H (treason,
parricide, murder, or an attempt to take the life of the Chief Executive, or is a
habitual delinquent).
A and B quarreled. In the course of the fight, A killed B. A was pursued by police. A
ran to C his friend. A confessed of killing B. A asked C to harbor him from the police.
C harbored, concealed and assisted A. Is C an accessory?
No, C is not an accessory. The crime committed by A is homicide because there is
no qualifying aggravating circumstance that shall catapult the crime to murder.
Under the law, an accessory is a person who harbors, conceals or assists a person
guilty(COMMITTED) of a crime of treason, parricide, murder, or an attempt to take
the life of the Chief Executive, or is a habitual delinquent.
When one element of the crime is absent, he is not liable. Just create
doubt in the mind of the judge, and acquittal will result.
A had a drinking spree with B. Under the pretext of drinking liquor, A pretended to
drink while B kept drinking. When B was intoxicated, A killed B. Policemen
approached A, but A ran away. A approached C, his friend and asked C to conceal
him from the police, to which C agreed. What is Cs liability?
C is an accessory. A had committed murder and C consented to help A escape the
authorities. Under the law, an accessory is a person who harbors, conceals or
assists a person guilty(COMMITTED) of a crime of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is a habitual delinquent.
Thus, when C concealed A, C became an accessory. The principal should have
committed the crime of treason, parricide, murder, or an attempt to take the life of
the Chief Executive, or is a habitual delinquent.
Warning: PD 1829 Obstruction of Justice
A killed B using irresistible force. Being chased by the police, A went to the mayor
for help. The mayor concealed him. Later on, the police went after the mayor. The
mayor went to C for help. C hid the mayor. Is C an accessory of the murder of B?
No, C is not an accessory of the murder of B. The mayor is merely an accessory to a
crime and was hiding from the police when C aided in hiding the mayor. Thus, C is a
principal by direct participation for obstruction of justice under PD 1829.
A, B and C were drinking. B excused himself to answer the call of nature. While B
was thus disposed, A stabbed B from behind. B died. A called for X, his brother in
law and told him to come over. X saw B dead. A told X to dispose of Bs body. X
dumped the body of B in an empty well and covered it. Is X an accessory? Why?
Explain.
Yes, X is an accessory. This is because X consented to the act of concealing the body
of the crime. Under the law, an accessory is a person who harbors, conceals or
assists a person guilty(COMMITTED) of a crime of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is a habitual delinquent.
Is X liable?
No, X is exempted being a relative by affinity to the 2nd degree to A.
Only Penal laws favorable to the accused can be given retroactive application.
PP vs. Constantino Cano(?)
A was charged with murder. Murder is penalized with RP(Reclusion Perpetua) to
death. Under 1985 laws, ACs which were not alleged may still be allowed if proven
in trial to be appreciated by the court as AC. In 1998, A was charged. The
information did not allege nighttime and dwelling as AC. Prosecution was able to
prove the two ordinary ACs. The judge appreciated them and convicted A,
punishable by death. On appeal (automatic appeal in the SC), the 2000 Rules of
Criminal Procedure took effect. Under this, all ACs should now be alleged in the
information in order to be appreciated. The SC was in a quandary.
Resolution:
Be it procedural substantive, or remedial, for so long as the law is
favorable to the accused who is not a habitual delinquent, the law should
be given retroactive application.
What is the legal duration of Reclusion Perpetua?
None.
Under RA 7659, the law changed the nature of complexion of RP and made it a
divisible penalty, and made it 20 years and 1 day to 40 years. However, in several
cases, SC said there was no clear legislative intent to consider Reclusion
Perpetua as a divisible penalty. It should have amended articles 63 and 76 of
RPC. They did not. So, for all intents and purposes, RP is still a indivisible
penalty and therefore has no legal duration. (PP vs. Lucas, PP vs. Alvarado and
PP vs. Julian)
RP to death.
Self-defense and Privileged MC one degree lower.
1 MC RP
1 AC - death
Penalty 2 degrees lower form RT Prision Correccional (PC)
Which is the penalty 1 degree lower from Arresto Mayor?
(Art. 70 and 71)
It depends. In Uy Chin-Hua vs. Dinglasan, according to the order of severity,
Arresto menor is the most severe penalty (duration of penalties) next to
Arresto mayor. But, for purposes of the indeterminate sentence law, it
would be destierro.
Uy Chin-Hua vs. Dinglasan
We are unanimous in the conclusion that the court of first instance has no
jurisdiction over the offense charged and that therefore the writ of prohibition lies.
But we are not unanimous as to the reasons. A minority hold that if the scale
provided by article 71 of the Revised Penal Code is to be followed, the penalty of
destierro would have to be imposed which, they claim, would produce an absurdity
because the duration of said penalty is from 6 months and 1 day to 6 years "coextensive with prision correccional, a penalty higher than arresto mayor in the scale
provided by article 71." Therefore, the minority hold that the penalty of destierro
1
0
0
1
2
AC
AC
AC
AC
AC
0 MC = Maximum
1MC = Minimum
0 MC = Medium
1 MC = Medium
1 MC = Maximum
Complex Crime
Compound Crime
Delito Compuesto
Complex Crime Proper
Deletio Complejo
Delito continuado
Continuing Crime
Single larceny doctrine
Complex Crime
Complex crime under Art. 48
1. When a single act constitutes 2 or more grave or less grave felonies
(Compound crime or delito compuesto); or
2. An offense is necessary for committing another, (Delito Complejo)
There is only one crime.
What would be mixed together?
2 grave felonies
2 grave or less grave
2 less grave felonies
One cannot compound 2 light felonies.
A shot B. The bullet also hit C. B and C died. How many crimes are you going to file
against A?
One only for double homicide, for two counts of homicide.
Suppose same facts, but D was also hit and died also. How many crimes are you
going to file against A?
One only for multiple homicide.
If three informations were filed, file a motion to quash.
A, with intent to kill, fired at B. B was slightly injured. The bullet hit C, who died. The
bullet also hit D, who suffered a mortal wound but did not die. What information/s
will you file?
Homicide with frustrated homicide with attempted homicide.
A rich businessman from Benguet was kidnapped in Baguio City. Demand for
ransom was made in Baguio City. No ransom was paid, so he was killed in Baguio,
and the body recovered in Benguet. Where shall the case be filed?
Baguio City.
If the case was filed in Benguet, will the case prosper?
No, it will not prosper. No element of the crime was ever committed in Benguet.
There can be no crime for kidnapping of cadaver. :D A continuing crime is a
crime where any of the essential elements of the crime takes place in more than
one municipality or city, such that the crime may be filed in any of the city or
municipality involved, which in this case is Baguio City only.
S21 Art 2 RA 9165 Chain of Custody Rule
Single Larceny Doctrine
Single larceny doctrine it is a doctrine in theft or robbery wherein the taking
of several properties belonging to the same person or different persons
arising from a single criminal resolution results in only one crime.
A went home one afternoon. On the way, he saw two roosters. He took one and then
the other, one in each arm.
How many acts did he perform?
Two.
How many crimes were committed?
There was only one crime. The two acts emanated from a single intent.
People vs. Gamboa
40 counts = one crime
Defensor-Santiago vs. Garchitorena 1993
Single larceny rule can be applied to other crimes.
The question of whether a series of criminal acts over a period of time creates a
single offense or separate offenses has troubled also American Criminal Law and
perplexed American courts as shown by the several theories that have evolved in
theft cases.
The trend in theft cases is to follow the so-called "single larceny" doctrine,
that is, the taking of several things, whether belonging to the same or
different owners, at the same time and place constitutes but one larceny.
Many courts have abandoned the "separate larceny doctrine," under which
there is a distinct larceny as to the property of each victim. Also
abandoned was the doctrine that the government has the discretion to
prosecute the accused or one offense or for as many distinct offenses as
there are victims (annotation, 37 ALR 3rd 1407, 1410-1414).
The American courts following the "single larceny" rule, look at the
commission of the different criminal acts as but one continuous act
involving the same "transaction" or as done on the same "occasion" (State
v. Sampson, 157 Iowa 257, 138 NW 473; People v. Johnson, 81 Mich. 573, 45 NW
1119; State v. Larson, 85 Iowa 659, 52 NW 539).
An American court held that a contrary rule would violate the constitutional
guarantee against putting a man in jeopardy twice for the same offense
(Annotation, 28 ALR 2d 1179). Another court observed that the doctrine is a
humane rule, since if a separate charge could be filed for each act, the accused
may be sentenced to the penitentiary for the rest of his life (Annotation, 28 ALR 2d
1179).
In the case at bench, the original information charged petitioner with
performing a single criminal act that of her approving the application
for legalization of aliens not qualified under the law to enjoy such
privilege.
The 32 Amended Informations aver that the offenses were committed on
the same period of time, i.e., on or about October 17, 1988. The strong
probability even exists that the approval of the application or the
legalization of the stay of the 32 aliens was done by a single stroke of the
pen, as when the approval was embodied in the same document.
Likewise, the public prosecutors manifested at the hearing the motion for a bill of
particulars that the Government suffered a single harm or injury. The
Sandiganbayan in its Order dated November 13, 1992 stated as follows:
. . . Equally, the prosecution has stated that insofar as the damage and
prejudice to the government is concerned, the same is represented not
only by the very fact of the violation of the law itself but because of the
adverse effect on the stability and security of the country in granting
citizenship to those not qualified (Rollo, p. 59).The 32 Amended
Informations aver that the offenses were committed on the same
period of time, i.e., on or about October 17, 1988. The strong
probability even exists that the approval of the application or the
legalization of the stay of the 32 aliens was done by a single stroke of
the pen, as when the approval was embodied in the same document.
Likewise, the public prosecutors manifested at the hearing the motion for a bill of
particulars that the Government suffered a single harm or injury. The
Sandiganbayan in its Order dated November 13, 1992 stated as follows:
. . . Equally, the prosecution has stated that insofar as the damage and
prejudice to the government is concerned, the same is represented not
only by the very fact of the violation of the law itself but because of the
adverse effect on the stability and security of the country in granting
citizenship to those not qualified (Rollo, p. 59).
WHEREFORE, the Resolution dated March 3, 1993 in Criminal Case No. 16698 of the
Sandiganbayan (First Division) is AFFIRMED and its Resolution dated March 11, 1993
in Criminal Case No. 16698 is MODIFIED in the sense that the Office of the Special
Prosecutor of the Office of the Ombudsman is directed to consolidate the 32
Amended Informations (Criminal Cases Nos. 18371 to 18402) into one information
charging only one offense under the original case number, i.e., No. 16698. The
temporary restraining order issued by this Court on March 25, 1993 is LIFTED insofar
as to the disqualification of Presiding Justice Francis Garchitorena is concerned.
Separate Larceny Doctrine not applicable now.
It is never discretionary. The moment the convict has served the minimum
penalty, he can apply to be released on parole. He does not have to serve the
maximum penalty.
What are the ways of total extinction of criminal liability:
1. death of convict
2. service of sentence
3. absolute pardon
4. amnesty
5. prescription of crime
6. prescription of penalty
7. marriage between offender and offended party.
Effects of death to the liabilities of a convict:
1. death extinguishes criminal liability
2. with respect to his civil liabilities:
If convict dies before finality of decision, civil liability is extinguished.
If convict dies after finality of decision, civil liability is retained by his estate.
Effect of Absolute Pardon: granted after conviction
Grants oblivion to all the effects of conviction and it restores all civil and
political rights.
Amnesty: Granted to political offenses even before conviction
Prescription of crime the crime cannot be prosecuted after the period of
prescription.`
Johnny married Susan in 2002. However, in 2012, Susan found out he had still a
valid marriage to Vivian. Johnny claimed prescription. Is Johnny correct?
No. Prescription runs from point of discovery of Susan.
Prescription of Penalty:
Grave Penalty
Afflictive Penalty
Light Penalty
A absconded before he started serving his sentence. He was caught after 25 years.
He claimed prescription of penalty. Is he correct?
No, he is not correct. A must have served at least a portion of the sentence
before he absconded for prescription to toll.