Vous êtes sur la page 1sur 17

cc 

 6  !&$   % " !    .     & %


$! "  '$" $  ""!

   
$ 
c 
 -rench rule

 - Such crimes are not triable in the courts of that country, unless their
 commission affects the peace and security of the territory or the safety of
   !  "" #!
$!  ""  the state is endangered.
!" $ %" & %'   !& $ $ $! % ( 
English rule
Two Theories in Criminal Law - Such crimes are triable in that country, unless they merely affect things
1. The classical theory within the vessel or they refer to the internal management thereof.
2. Positivist theory
-  `  ` 
Characteristics of CT  `--  `` 
1. The basis of CL is human free will and the purpose of the penalty is
retribution.    4 

#  $    +& ! , ,%   
2. The man is essentially a moral creature with an absolutely free will " 7

8 
to choose between god and evil, thereby placing more stress upon 9   $  %,  "$7 8,& ,%
the effect or result of the felonious act that upon the man, the  "" &7 8 
criminal himself. !   $!  !   + " $! $,     $
3. It has endeavored to establish a mechanical and direct proportion !   " & !  !   ."&  & "    + &$ '
between crime and penalty. .. ' "" .!'  " 
4. There is a scant regard to the human element. 
-elonies
   ) `    
  

 # *+  + $$   ! ð Are acts and omissions punishable by the revised penal code.
   $   " + "    ++  ' ! +   " !

$ !  ,  " $   % !  ! -!++   !+ .' Elements of felonies:
 &$ .   +! '         $   / ' ,& 1. That there must be an act or omission.
&$"0&  $ ' .  !!1  2. That the act or omission must be punishable by the Revised Penal
  !&$    ""  !    -!++  !+   Code.
 !+ 3. That the act is performed or the omission incurred by means of
) !&$" . &  " %  &  % "! Dolo or Culpa.
-!++   $   ,.   $ &  &$ ,% !
2   " ! -!++   $3!  ,  &    Act
, % ð Any bodily movement tending to produce some effect in the
4  !&$ ,  , "    $ ! !   $&  external world, it being unnecessary that the same be actually
 ! $"!,.   $&    $ produced, as the possibility of its production is sufficient.
 !+ $ . & , 3 
5 !, .+&,""   +%'!&$   Omission
""  !* "! "&  3 
ð Is meant inaction, the failure to perform a positive duty which one is Requisites of culpable -aelonies:
bound to do. 1. -REEDOM ± without this, he is no longer a human being but a tool
2. INTELLIGENCE ± necessary to determine morality of human acts
3. He is IMPRUDENCE, NEGLIGENCE, LACK O- -ORESIGHT OR
Classification of felonies:
1. Intentional -elonies SKILL while doing the act or omitting to do an the act.
ð The act or omission of the offender is malicious.
2. Culpable -elonies [ ? [ ?? 
ð The act or omission of the offender is not malicious. ° Mala in se ± wrongful in nature; inherently immoral (i.e. rape, theft,
ð Unintentional. murder 
 There must be criminal intent
Imprudence- indicates a deficiency of action.
Negligence
ð indicates a deficiency in perception. ° Mala Prohibita ± wrong merely because prohibited by statute;
punished by special law (i.e. illegal possession of firearm s 
Requisites of dolo  it is sufficient if the prohibited act was intentionally
1. -REEDOM ± without this, he is no longer a human being but a tool done
2. INTELLIGENCE ± necessary to determine morality of human acts  Good faith and absence of criminal intent are not
3. INTENT ± to commit the act with malice valid defenses in crimes punished by special laws
Motive and Intent
Mistake of fact ( ? ??
    ° Motive ± moving power which impels one to action for a definite result
ð Misapprehension of fact on the part of the person who caused injury  Relevant if identity of accused is in dispute
to another.  Existence however is not sufficient proof of guilt
° Intent ± purpose to use a particular means to effect such result
Requisites:
1. Act done would have been lawful had the facts been accused
believed them to be
2. Intention should be lawful
3. Mistake should be without fault or carel essness on the part of
the accused.

Actus non facit reum nisi mens sit rea


³ the act itself does not make a man guilty unless his intention were so´

Actus me invite factus non est meus actus


³an act done by me against my will is not my act´
ð Means that there is a rational connection between the act of the
accused and the resulting injury or damage.

  5  #
   ,%! , & $1 
  % % +     .  " % 7 
8 !&.! !
  ."& $ ,$""  "  ! !!!  $$ 
) % %+  + "  .  !!&$, "" 
.   +     + + %'     "  !  !  
 +,% "   +!      &  " ! Impossible Crimes ± commission is indicative of a criminal propensity or
 +%  " $:&   ""&     tendency on the part of the actor.

@             ± he who is the Requisites of IC
cause of the cause is the cause of the evil caused. 1. Act is an offense against persons/property
2. With evil intent
Error in personae 3. Accomplishment is inherently impossible or means employed is either
-a mistake in the identity of the victim inadequate or ineffectual.
4. Act should not constitute a violation of another provision of the RPC
Aberratio ictus - misateke in the blow
-elonies against persons are:
Praeter intentionem - injuries result in greater than that intended. a. Parricide
b. Murder
Requisites of PAR 1: c. Homicide
1. Intentional felony has been commmited. d. Infanticide
2. Wrong done to the aggrieved party be the direct, natural and logical e. Abortion
consequence of the felony committed by the offender. f. Duel
g. Physical Injuries
Proximate cause h. Rape
 that cause, which, in natural and continuous sequence, unbroken
by any efficient intervening cause produces the injury, and without -elonies against property:
which the result wo uld not have occurred a. Robbery
b. Brigandage
Natural c. Theft
ð Refers to an occurrence on the ordinary course of human life or d. Usurpation
events e. Culpable insolvency
Logical f. Swindling and other deceits
g. Chattel mortgage
h. Arson and other crimes involving destruction 3. The court should not suspend the execution of the sentence
i. Malicious mischief. 4. The judge should submit a statement to the CE, through the
secretary of justice, recommending executive clemency.

   ;  

 
 
  
 



 #
   6    
    
  
 
 


 & $ "     ! !!  " & $ $

   
  

  
    

  
 +$' +& ! , 



 

# !    &  !   $. " % 


 " %   & $ !   !     % "  
!! %$ + +  +  $!! +& ! ,,%
 '!   $ !+ + $ ' $!  + !
!" *&  $  +!   +  3 $" & $! 
!"" $ + "  ! "*& ! !&$+ $&
*&' ! &.! ! +    " &' !    !!
!" %   :& ,&!!'  !'$ + $&
 $&!& ,!  $ !&$, $!&,0
,%   " & $+ $ "!"!+ +  
".  
!    +! !"" $   !  "
  !    %' ! &  !  &,   !
!" *&'
 " % $ %     ' $ $   + "   !  "
! &.! ! +    " &' &!      % ,
*& !!!&$+ $&!" %,%   "  &
$ $ + + ' !& &+ $ . ! *&  "  !   '
!    "   "!+  "!
$&$ &   $ ! ! ! +  &$  

  !  +  "   % * + %'   .  
Stages of execution:
 $   ! $.  "  $ !  0& %  &$ ,% !
""   Consummated felony
 ð When all the elements necessary for its execution and
1st PAR: accomplishment are present.
1. The act commited by the accused appears not punishable by any
law. -rustrated felony
ð The offender performs all the acts of execution which would
2. But the court deems it proper to repress such act.
3. The court must render the proper decision by dismissing the case produce the felony as a consequence but which, nevertheless, do
and aquitting the accused. not produce it by reason of causes independent of the wil of the
4. The judge must then make a report to the CE, through the sec o f perpetrator.
Justice, stating reasons which induce him to believe that the said
act should be made the subject of penal legislation. Elements:
1. Offender performs all acts of execution
Basis: 2. All the acts would produce the felony as consequence
³Nullum crimen, nulla poena sine lege ³ 3. But felony is not produced
there is no crim if there is no law that punishes the act. 4. By reason or cause independent of his will

2nd PAR:
1. The court after trail finds the accused guilty. Attempted felony
2. The penalty provided by law and which the court imposes for the ð When the offender commences the commission of a felony directly
crime committed appears to be clearly excessive because by overt acts and does not perform all the acts of execution which
a. The accused acted with lesses degree of malice should produce the felony by reason of some cause or accident
b. There is no injury or the injury caused is of lesses gr avity. other that his own spontaneous desistance.
the felony as a and does not perform all
Elements: consequence. the acts of execution.
1. The offender commences the commission of the felony directly by
overt acts.
2. He does not perform all the acts of execution which should produce  +$<9 & $  +,  
the felony The evil intent of the offender is not accomplished.
3. The offender¶s act is not stopped by his own spontaneous The evil intent is It cannot be
desistance possible of accomplished
4. The non performance of all acts of execution was due to cause or accomplishment
accident other than his spontaneous desista nce. Prevented by the The means employed by
intervention of certain the offender is
Overt acts cause or accident in inadequate or
ð Some physical activity or deed, indicating the intention to commit a which the offender had ineffectual.
particular crime, more than a mere planning or preparation, which if no part.
carried to its complete termination following its natural course,
without being frustrated by external obstacles nor by the voluntary How to determine whether it is A, - or C?
desistance of the perpetrator, will logically and necessarily ripen 1. The nature of the offense
into a concrete offense 2. The elements constituting the felony
3. The manner of committing.
Indeterminate offense
ð Where the purpose of the offender in performing an act is not
certain.    = 
 


 
 

 # .! "  
+& ! ,  % !  !% !  ,   & $' ! !
Subjective phase *+ "! $ .  +   + + % 
ð The proportion of the acts constituting the crime, starting from the
point where the offender begins the commission of the crime to the Light -elonies
point where he has till control over his acts, including their natural ð Those infractions of law for the commission of which the penalty of
course. arresto menor or fine not exceeding 200 pesos or both, is provided.
Development of crime: L- punished by RPC
1. Internal acts ±mere ideas in the mind of a person 1. Slight physical injuries
2. External acts 2. Theft
a. Preparatory acts 3. Alteration of boundary remarks
b. Acts of execution. 4. Malicious mischief
5. Intriguing against honor.
9 & $" %  +$9 %
Offender has not accomplished his criminal
purpose 
The offender performed Merely commences the 
all the acts of execution commission of a felony 
which would produce directly by overt acts
 
 Classification of felonies acc to their gravity
 1. Grave felonies
 2. Less grave felonies
  >  
   

 #
 + % $ 3. Light felonies
+ +  " % +& ! , % !  !!
! + %+ $ + %! "  Afflictive Penalties
 + %*!    +     .   
   .!  " " % $$$   o Reclusion perpetua
!   + +  !  ! +   ! !  $$$     o Reclusion temporal
" %+ +*&  ! +   +    o Perpetual/temporary absolute disqualification
o Perpetual/temporary special disqualification
o Prison mayor
Requisites of conspiracy:
1. That 2 or more persons came to an agreement. Correctional penalties
2. That the agreement concerned the commission of a felony
o Prison correccional
3. The execution of the felony be decided upon.
o Arresto mayor
Conspiracy punished by law: o Suspension
1. to commit treason (also proposal  o Destierro
2. to commit coup d¶état, rebellion or insurrection (also proposal 
3. to commit sedition 
4. in monopolies and combinations in restraint of trade    @ 


 

  
  

   
 
 #
Requisites of proposal: "" !!   !"&&  %,+& ! ,& $ + 
1. A person has decided to commit a felony.    &,0! +  "!
$ !
$! ,
2. That he proposes its execution to some other person/persons. &++   %  &!  ' &  !    !&$ + %
+ $!  % 
  ? è 





 






 # 
 2 clauses:
2  "   !  !! !    ! !  +    Offenses under special laws are not subject to the provisions of the
+& !   + !!  %"! + $  ""'  code.
 $ !  )6"!
$  )  Makes code supplementary to such laws.

. "  !!!! +& ! !+  Special law
!!   !  * &  + $    '    $   ! ð A penal law which punishes acts not defined and penalized by the
! ,(   $   Penal code.

.! "   !  "   "   "  !    "
!! + %"      "  *$ .)@@+ 
,!3+ $$ 
 $    , % " !    +%$
+    + 
! $    " &""  +      ! +  " !
+  $" $ .! " 


! +  )   %  !   $"  " ! +     .! " !
A9 c2

ABc
 +&'  $ ' $ $ '   . ' &   
c

ABc
C
CDB-9B
Bc  $+$ , !     '   !   ,% "" %   !
   $.  $ !   .& % !  ! "& ! 
 $. ' + $$ !  ! "  $  $ :&
Imputability +  ,$   ! * + $ .  &    +  '
ð Is the quality by which an act may be ascribed to a person as its $!"& !  :&'  !    . ,%
author or owner. !+    $'! !   .$" ! $ + 
!  
Responsibility 
ð The obligation of suffering the consequences of crime. 4  %  !    $"  " ! +     .! " 
 . ' + $$ !  ! "  $  $ :&
Imputability Responsibility   $ !"  &  "!    +   $
Implies a deed may be Implies that the person !  ! +   $" $ . ,   $&$ ,%  .'
imputed to a person must take the    ' !   
consequence of such a 
deed. 5  %+  !'  $  $   0& %'$ 
 !!  & $ .  ! ' + $$ !  !
Guilt " . :&  +  3 
- an element of responsibility, for a man cannot be made to answer 
for the consequences of a crime unless he is guilty. 9  ! !&.!, $$ & %*3 
 $ ! ! 0& %" $,.   ! ! $ 
 $3
Justifying circumstances ! $ ! ! , ! +   $! "&
- are those where the act of a person is said to be in accordance  "+   . 
with law, so that such perosin is deemed not have transgressed the 6  % +   !    ! "&"   "  $&%     !
law and is free from both criminal and civil liability.  "&* "  .! "" 

    —
   


# ! " . $   &  % ;  % +   !    ,$     $  &$ ,% 
     ,%1 &+  "   "&+& + 

   %  !    $"  " ! +     .!'
+ $$ !  ! " .  &    & 3  
      ?     ?     ?    ?  
9  A  "& ..      ?  ?      

-?      ?  3. When, even if the provocation was sufficient, it was not given by the
!        ?           person defending himself.
    ? 
"? #$  ??  ?       
    ? ?  
Sufficiency of provocation
1. Means should be proportionate to the act of aggression
Requisites of self-defense 2. Adequate to stir the aggressor to its commission.
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it. Battered woman
3. Lack of sufficient provocation on the part of the person defending ð Who is repeatedly subjected to any forceful physical or
himself. psychological behavior by a man in order to coerce her to do
something he wants her to do without concern for her rights.
2 kinds of aggression
1. Lawful Cycle of violence
2. Unlawful 1. The tension-building phase
ð Verbal or slight physical abuse or another form of hostile behavior.
Unlawful aggression 2. The acute battering incident
ð Equivalent to assault or at least threatened assault of an immediate ð Brutality, destructiveness and sometimes, death.
and imminent kind. 3. The tranquil, loving phase.

Perils to one¶s life


1. Actual %
- that the danger must be present, that is, actually in existence. 
2. Imminent       ?            ?    ?   
- that the danger is on the point of happening.          ??           
?     ?   ?   ?? ?          
The reasonableness of the ne cessity depends upon:   ?? ??     ??     ?     ?  
1. Necessity of the course of action taken.    ? ?   ?  ?   
   ?  ?     
a. Place and occasion of the assault considered.       ? ? ?    ?  ?  
2. Necessity of the means used.   $   $?      ? 

The test of reasonableness of the means used: Relatives that can be defended
1. The nature and quality of the weapons 1. Spouse
2. Physical condition, character and size. 2. Ascendants
3. Other circumstances considered. 3. Descendants
4. Legitimate, natural or adopted brothers and sisters or relatives by
3RD requisite considered present: affinity in the same degrees.
1. When no provocation at all was given to the aggressor by the 5. Relatives by consanguinity within the 4 th civil degree.
person defending himself.
2. When, even if a provocation was given, it was not sufficient Requisites of defense of relatives:
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it.
3. In case the provocation was given by the person attacked, the one
making a defense had no part therein.

& )
  ?      ?    ?         ?    ?        ?    
   ?      ? ?   ? ?   ?  ?   
? ? ?  
?                ?     ?    
       ? ?  

1. Unlawful aggression Requisites:


2. Reasonable necessity of the means employed to prevent or repel it. 1. That the accused acted in performance of a duty or in the lawful
3. The person defending be not induced by revenge, resentment, or exercise of a right or office.
other evil motive. 2. That the injury caused or the offense committed be the necessary
consequence of the due performance of duty or lawful exercise of
Strangers such right or office.
ð Any person not included in the enumeration of relatives mentioned
in par2 of this article. Doctrine of self help
Art. 429. The owner or lawful possessor of a thing has the right to exclude
' any person from the enjoyment and disposal thereof. -or this purpose, he
     ?    ?  ?   ?(      may use such force as may be reaso nably necessary to repel or prevent an
?        ?      ?  actual or threatened unlawful physical invasion or usurpation of his
  ? ?       property.

-? "  ?    ?   
?    *
! " ?(            ? ?   ?   ?
??        
"? "         ?     
    ? ? 
Requisites:
Requisites: 1. That an order has been issued by a superior
1. That the evil sought to be avoided actually exists. 2. That such order must be for some lawful purpose.
2. That the injury feared be greater than that done to avoid it. 3. That the means used by the subordinate to carry out said order is
3. That there be no other practical and less harmful means of lawful.
preventing it.

Exempting circumstances
ð Are those grounds for exemption from punishment because there is
wanting in the agent of the crime of the conditions which make the
act are voluntary or negligent.

Basis: 
° on complete absence of intelligence, freedom of action, or intent, or on 
the absence of negligence on the part of the accused. 

   )   


 

       # ! 
" . * +"      ,%1  ? ? ?             ? 
   ,    +  '& !  !  $  ??  
$&  . &$     +  ? ? ?     ? ?
! ! ,    +  !  $       ?       , ?-         ? 
!!! $"   " %7$ 8'!& !  $  ?   ?       ?        ?   
! "     "!!+   %&  ,!$        ?  ?         ?    
"  +   !& ""$' !! ! !   , + $  ? ? ??   ? ?     
 !&" ,   .!+  "! &   

) +  & $   % " .   ,   %
 Exempt in all cases from Not so exempt if it can
4 +     % " . $& $ "" '& ! criminal liability be shown that he acted
!  $ ! $  '   !!  ' &!    !  during lucid interval.
,+ $$ .     $ !!+  "  
>@"!
$  Imbecile
!  &!     $0&$.$  ,    %   + ,' ð one who, while advanced in age, has a mental development
! & '    " ,% ! ! +   " ! $ ! comparable to that of children between 2 and 7 years of age.
+ $ . + . +!' !    !   !   $ ð Within Art 12 one who is deprived completely of reason or
&$% " ! " % ! !  , ! .$ ! ! discernment and freedom of the will at the time of committing the
&   $$&  ! '!! , $ crime.
!   "    &    +     $    $   
>@  Insanity
 ð There is a complete deprivation of intelligence in committing the act,
5   % +   !' ! + "  .   "&  ! $& that is, the accused is deprived of reason, he acts without the least
 '  &   0& % ,%   $  !& " &   discernment because there is a complete absence of the power to
   " & .  discern or that is total deprivation o f freedom of the will.

6   % +   !  & $  !  +&  "  ,
"   Insanity at the time of Insanity at the time of
 the commission of the trial.
;  %+  ! & $ ! +&" &    , felony
" " :&  .    0& %  Exempt from criminal Criminal liable.
 liability
=   % +   ! "   + "    :& $ ,%  '
! +  $,%  "& &+ , & 
° The very attitude
Basis: ° The very comportment
Complete absence of intelligence ° And behavior of said minor
ð Not only before and during the commission of the act, but also after
and even during the trial 

% Intent Discernment
    ?      Desired act of the Relates to the moral
 person significance that a
RA 9344 person ascribes to the
³Juvenile Justice and Welfare Act of 2006´ said act.
Raised the age of absolute irresponsibility from 9 to 15 years of age. 
Discernment may be shown:
Basis: absence of intelligence.
1. Manner of committing the crime

2. Conduct of offender
& Basis: absence of intelligence
      ?           ?         
??   ??  ?      ? ? '
 ? ? ? ./? 0     ?  ?   ?   

?(   ? ?  ? ?  ? ?
+   ? ?  (      ??  ?  ?      ?
 ? ? ? ?    ?     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.
Periods of criminal responsibility
1. Absolute irresponsibility
2. Conditional responsibility
Accident
3. -ull responsibility
ð Something that happen outside the sway of our will, and although it
4. Mitigated responsibility
comes about through some act of our will, lies beyond the bounds
of humanly foreseeable consequences.
Discernment
ð Who commits an act prohibited by law, is his mental capacity to Negligence
understand the difference between right and wrong
ð The failure to observe, for the protection of the interest of another
And
person, that degree of care, precaution and vigilance which
ð Such capacity may be known and should be determined by taking
circumstances justly demand without which such other person
into consideration all the facts and circumstances afforded by the
suffers injury.
records
° In each case Basis: lack of negligence and intent.
° The very appearance
Basis: complete absence of freedom





) 
       ?? ? ?  . 1
  ?    ?      
Basis: complete absence of freedom.    ?     

Elements: Elements:
1. The compulsion is by means of physical force 1. That an act is required by law to be done.
2. The physical force must be irresistible 2. That a person fails to perform such act
3. Physical force must come from a third person. 3. That his failure to perform such act was due to some lawful or
insuperable cause.
*
      ?      Basis: he acts without intent.
     ?(  
 Absolutory causes
Elements: ð Those where the act committed is a crime but for reasons of public
  The threat which causes the fear is of greater than or at least equal policy and senti ment there is no penalty imposed.
to, that which is required to commit.
)  That it promises an evil of such gravity and imminence that the Instigation Entrapment
ordinary man would have succumbed it. The instigator practically Ways and means are
induces the would be resorted to for the
Requisites of uncontrollable fear: accused into the purpose of trapping and
1. Existence of an uncontrollable fear commission of the capturing the lawbreaker
2. The fear must be real and real i mminent offense and himself in the execution of
3. -ear of an injury is greater than or at least equal to that committed. becomes co principal. criminal plan
The accused must be No bar to the
acquitted prosecution and
Irresistible force Uncontrollable fear conviction of the
The offender uses The offender employs lawbreaker.
violence or physical intimidation or threat in The law enforcer The means originates
force to compel another compelling another to conceives the from the mind of the
person to commit a commit a crime. commission of the crime criminal
crime. and suggest to the
accused who adopts the
idea and carries it into
execution
the period which may be deemed proper, in view of the number and
nature of the conditions of exemption present or lacking.

Article 64.    ??  ? ?? 


 ? 2 In cases in which the penalties prescribed by law contain
three periods, whether it be a single divisible penalty or composed
Mitigating circumstances of three different penalties, each one of which forms a period in
ð Are those which, if present in the commission of the crime, do not accordance with the provisions of articles 76 and 77, the courts
entirely free the actor from criminal liability, but serve only to reduce shall observe for the application of the penalty the following rules,
the penalty. according to whether there are or are no mitigating or aggravating
circumstances:
Classes of Mitigating
1. Ordinary mitigating 5. When there are two or more mitigating circumstances and no
± those enumerated in subsections 1 to 10 of Article 13 aggravating circumstances are present, the court shall impose the
penalty next lower to that prescribed by law, in the period that it
2. Privileged mitigating may deem applicable, according to the number and nature of such
circumstances.
Article 68.    ?       ?  
   2 When the offender is a minor under eighteen years
and his case is one coming under the provisions of the paragraph
next to the last of article 80 of this Code, the following rules shall be Ordinary Mitigating Privileged Mitigating
observed: Susceptible of being Cannot be offset by
offset by any aggravating
1. Upon a person under fifteen but over nine years of age, who is aggravating circumstance.
not exempted from liability by reason of the co urt having declared Produces only the effect Produces the effect of
that he acted with discernment, a discretionary penalty shall be of applying the penalty imposing upon the
imposed, but always lower by two degrees at least than that provided by law for the offender the penal ty
prescribed by law for the crime which he committed. crime in its minimum lower by one or two
period, in case of degrees than that
2. Upon a person over fifteen and under eighteen years of a ge the divisible penalty provided by law for the
penalty next lower than that prescribed by law shall be imposed, but crime
always in the proper period.

Article 69.    ?   ? ? ? 
 
  2 A penalty lower by one or two degrees than that
prescribed by law shall be imposed if the deed is not wholly
excusable by reason of the lack of some of the conditions required
to justify the same or to exempt from criminal liability in the several
cases mentioned in article 11 and 12, provided that the majority of
such conditions be present. The courts shall impose the penalty in
>  !  ! "" $   $ " $ $& ,' , $   ! 
&""  .   +!%  $" !! !&   !
  "  ' $" '    &    ! !
", . 


?  &! "!"" $  &$$  !!* 
 


 "!(+ "!"" $ !&! $+  .


 `  è`  ``  !  " !  &  " !  !  ,  & 
 , %
   4   


 # ! " .  .  . 


 &  3 @   $' " %' % !   &   "     & 
  !   $   ! + $ . ! + ' !   ! $ .&! ,   $ 
:&  %  0&"%    * + "      
 ,% ! +     $   %
 
)  !  ! "" $   & $  .!  %  " .     "   ?    ?         3
 % %     !   " !   ' ! !  ,        ?           ?  ?   ?
+ $$ .      $  ! ! +   "  ? ? ./ 
  >@ 
 Diversion
4  !  ! "" $  ! $          .   ð Refers to an alternative, child - appropriate process of determining
  . !  $  the responsibility and treatment of a child in conflict with the law on
 the bases of his/her social, cultural, economic, psychological or
5  !  &""  +      !     ! +  " ! educational background without resulting to formal court
"" $$+ % $ %+ $$!   proceedings.

6  ! !   $ ! $  $  " Diversion program
 .  ""   !     . ! " % 7 
8' ð Refers to the program that the child in conflict wit h the law is
! +&'  $ '     ,% "" % !  ! required to undergo after he/she is found responsible for an offense
 $.   without resorting to formal court proceedings.
 ð Basis: diminution of intelligence
;  !  " !  . $ &+    +&  + "& 
& %! + $&$+   ,"&   &
 
=  !  ! "" $  ! $ &  %&  $ $ ! "   "        ? ?  ?         
+    &! % ! . ' ! !! $&  % ? 
 "$ ! .& ,"  ! &  +    !
+    "!$ " !+ & 3  Things to be considered to show that the accused intended the
 wrong committed:
1. Weapon used
2. The part of the body injured
3. The inflicted
4. The manner it is inflicted

Unintentional abortion
ð Committed by any person who, by violence, shall cause the killing )
of the foetus in the uterus or the violent expulsion of the foetus from 
the maternal womb, causing its death, but unintentionally. "  ? ? ? ? ???    
     ??      ,  ?- ?        
'  ? ????      

" ??  ?                Requisites:
? ?       1. That there be a grave offense done to the one committing the
felony, his spouse, ascendants, descendants, legitimate, natural or
Provocation adopted brothers or sisters, or relatives by affinity within the same
ð Any unjust or improper conduct or act of the offended party, degrees.
capable of exciting, inciting or irritating any one. 2. That the felony is committed in vindication of such grave offense.
A lapse of time is allowed between the vindication and the doing of
Requisites: the grave offense.
1. Provocation must be sufficient
2. The act constituting the provocation Grave offense
3. The social standing of the person provoked ð Includes any act that is offensive to the offender or his relatives and
4. The place and time when the provocation is made the same need not be unlawful.
a. It must originate from the offended party Provocation Vindication
b. The provocation must be personal and directed to the accused It is made directly only The grave offense may
c. The provocation must be immediate to the commissio n of the to the person committing be committed also
crime by the person who is provoked. the felony against the offender¶s
relatives mentioned by
Sufficient law
ð To excite a person to commit wrong and must accordingly be The case that brought The offended party must
proportionate to its gravity. about the provocation have done a grave
need not be a grave offense to the offender
Sufficient provocation as As a mitigating offense or his relatives
requisite of incomplete circumstance mentioned by law
self-defense It is necessary that the The vindication of the
It pertains to its absence It pertains to its provocation or threat grave offense may be
on the part of the person presence on the part of immediately preceded proximate which admits
defending himself the offended party. the act of an interval of time
It is mere spite against It concerns the honor of
Basis: diminution of intelligence and intent the one giving the a person.
provocation or threat

Basis to determine gravity of offense in vindication:


1. .Social standing of the person
2. Place
3. Time when the insult was made
Passion or obfuscation Provocation
Basis: diminution of the conditions of voluntariness. Produced by an impulse Comes from the injured
which may be caused by party
provocation
* The offense need not be Immediately precede the
 immediate commission of the crime
"  ?     ?         
    ? ?  1

Requisites: "    ?     ?   ?
1. That there be an act, both unlawful and sufficient to produce such  ??      ?  ?  ? 
condition of mind.        ?     ?    ?     
2. That said act which produces the obfuscation was not far removed   ?
from the commission of the crime by a considerable length of time,
during which the perpetrat or might recover his normal equanimity 2 mitigating circumstances:
3. The act causing such obfuscation was committed by the victim 1. Voluntary surrender to a person in authority or his agents
himself. 2. Voluntary confession of guilt before the court prior to the
presentation of evidence for the prosecution
Excitement
ð Is the natural feeling of all persons engaged in a fight, especially Requisites of voluntary surrender:
those who had received a beating, and the impulse in that state is 1. That the offender had not been actually arrested
not considered in law so powerful as to produce obfuscation 2. That the offender surrendered himself to a person in authority or to
sufficient to mitigate liability. the latter¶s agent
3. That the surrender was voluntary.
Basis: diminution of intelligence and intent.
Person in authority
Passion or obfuscation Irresistible force ð Is one who directly vested with jurisdiction, that is, a public officer
Mitigating circumstance Exempting circumstance who has the power to govern and execute the laws whether as an
Cannot give rise to an irresistible force because individual or as a member of some court or governmental
irresistible force requires physical force. corporation or board or commission.
Is in the offender himself Must come from a third
person Agent of a person in authority
Must arise from lawful unlawful ð Is a person, who, by direct provision of the law, or by election or by
sentiments appointment by competent authority, is charged with maintenance
of public order and the protection and security if life and property
and any person who comes to the aid of persons in authority.

When surrender is voluntary?


1. Must be spontaneous
2. Intent of the accused to submit himself unconditionally to the
authorities must either because
° He acknowledges his guilt
° He wishes to save them the trouble and expense neces sarily
incurred in his search and capture.

Requisites of plea of guilty:


1. That the offender spontaneously confessed his guilt
2. That the confession of guilt was made in open court that is, before
the competent court that is to try the case.
3. That the confession of guilt was made prior to the presentation of
evidence for the prosecution.

.

"      ?        ?   ?   ?   
 ?     ?    ?  ?      ?     
 ?? ??   ? 

4

!  ?             ???   
?     ? 2
    ?    ?? ?  ?  
?  

Requisites:
1. That the illness of the offender must diminish the exerc ise of his
will-power
2. That such illness should not deprive the offender of consciousness
of his acts.


/

?  ?    ??      
   ?