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1.

Definition of Criminal Law and the main characteristics of Philippine


Criminal Law

Criminal law is that branch or division of law which defines crimes, treats of their
nature, and provides for their punishment.

Characteristics of Philippine Criminal law
a. GENERAL. Criminal law is binding on all persons who live or sojourn in
Philippine Territory. (Article 14, Civil Code of the Philippines)
b. TERRITORIAL. Criminal laws undertake to punish crimes committed within
Philippine territory. The principle of territoriality means that as a rule, penal
laws of the Philippines are enforceable only within its territory.
c. PROSPECTIVE. A penal law cannot make an act punishable in a manner in
which it was not punishable when committed.

2. Exemptions to Characteristics/cardinal features of criminal law.

There are cases where our Criminal Law does not apply even if the crime is
committed by a person residing or sojourning in the Philippines. These
constitute the exceptions.
The opening sentence of Article 2 of the Revised Penal Code says that the
provisions of this Code shall be enforced within the Philippine Archipelago,
except as provided in the treaties and laws of preferential application.
Article 14 of the Civil Code provides that penal laws and those of public
security and safety shall be obligatory upon all who live or sojourn in
Philippine territory, subject to the principles of public international law and to
treaty stipulations.

PERSONS EXEPMT FROM THE OPERATION OF OUR CRIMINAL LAWS
BY VIRUTE OF THE PRINCIPLES OF PUBLIC INTERNATIONAL LAW.
The following are not subject to the operation of our criminal laws:
1) Sovereigns and other chiefs of state.
2) Ambassadors, ministers plenipotentiary, ministers resident, and charges
daffaires.

3. Exceptions to the Territoriality Rule in Criminal Law

Article 2 of the Revised Penal Code Provides that its provisions shall be
enforced outside of the jurisdiction of the Philippines against those who:
I. Should commit and offense while on a Philippine ship or airship;
II. Should forge or counterfeit any coin or currency note of the Philippines
or obligations and securities issued by the Government of the
Philippines;
III. Should be liable for acts connected with the introduction into the
Philippines of the obligations and securities mentioned in the preceding
number;
IV. While being public officers or employees, should commit an offense in
the exercise of their functions; or
V. Should commit any of the crimes against national security and the law
of nations, defined in Title One of book Two of the Revised Penal
Code.

4. Concept of Ex Post Facto Law

Ex Post Facto Law is Latin for "after the fact," which refers to laws adopted after
an act is committed making it illegal although it was legal when done, or
increases the penalty for a crime after it is committed.

5 kinds of an ex post facto law:
1. It declares an act as criminal although at the time it was committed, it was not
a crime.
2. When it aggravates the seriousness of the crime already committed.
3. It imposes a higher penalty than that provided by law at the time it was
committed.
4. If the law makes it easier to establish the guilt by the prosecution.
5. If it requires a lesser quantum of evidence.

5. Void for Vagueness Doctrine, Doctrine of Pro reo and Equipoise Doctrine in
Criminal Law

VOID FOR VAGUENESS DOCTRINE is a doctrine requiring that a penal statute
define a criminal offense with sufficient definiteness that ordinary people can
understand what conduct is prohibited and in a manner that does not encourage
arbitrary and discriminatory enforcement.
Under the void-for-vagueness doctrine, a vague law is a violation of due process
because the law does not provide fair warning of a prohibition and fails to set
standards for enforcement that would govern the exercise of the police power.

DOCTRINE OF PRO REO is when there is doubt on whether the law/s should be
applied, all doubts should be resolved in favor of the accused.

EQUIPOISE DOCTRINE is when the evidence of the prosecution and of the
defense is equally balanced, the scale should be titled in favor of the accused in
obedience to the constitutional presumption of innocence.





6. Dolo and Culpa

There is deceit (dolo) when the act is performed with deliberate intent; and there
is fault when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill. Dolo is intentional, while culpa is not. Where there is
intent there can be no negligence.

Mens rea refers to the mental component. It applies only to intentional felonies.
(state of mind required in order for the person to be criminally liable)
Exception: Malum Prohibitum is wrong only because a statute makes it so

Deliberate intent (dolo) is equivalent to malice which is the intent to do inquiry to
another.
In order that an act or omission may be considered as having been performed or
incurred with deliberate intent, the following requisites must concur:
I. He must have freedom while doing an act or omitting to do an act;
II. He must have intelligence while doing the act or omitting to do the act;
III. He must have intent while doing the act or omitting to do the act.

7. Distinction of crimes mala in se and crimes mala prohibita

The following are Distinction of crimes mala in se and crimes mala prohibita:
a. Intent (criminal intent) governs in mala in se while intent is immaterial
(unnecessary) in Mala Prohibita
b. Good faith may be used as a defense in Mala in se, while in Mala prohibita
good faith and lack of intent are not valid defenses
c. In mala in se the stages of execution affect the penalty imposed in crimes
mala in se, the penalty depends on whether the crime is consummated,
frustrated or attempted, while in mala prohibita the stages of execution are
not considered
d. In mala in se circumstances affecting or modifying criminal liability are
considered or taken into account, justifying, exempting, mitigating,
aggravating and alternative. In mala prohibita there are no circumstances
affecting or modifying criminal liability because what the law punishes is
the commission of the prohibited act.
e. Mala in se is wrong from their nature, while mala prohibita is wrong
because it is prohibited by special laws
f. Mala in se are crimes so serious in their effects on society as to call for
almost unanimous condemnation of its members while mala prohibita are
violations of mere roles and conveniences designed to secure a more
orderly regulation.
g. Mala in se is punished under the Revised Penal Code while Mala prohibita
is punished by Special Laws
h. Basis of mala in se is intent while the basis of mala prohibita is
voluntariness

8. Concept of conspiracy and particular rules in conspiracy
Article 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.

9. Entrapment vs. Instigation

The following are differences of Entrapment and Instigation:
a) Entrapment are ways and means are resorted to for the purpose of trapping
and capturing the law breaker in the execution of his plan while Instigation is
that the instigator practically induces the would-be accused into the
commission of the offense and himself becomes a co-principal.
b) In entrapment the means originate from the mind of the criminal while in
instigation the law enforcer conceives the commission of the crime and
suggests to the accused who carries it into execution.
c) In entrapment a person has planned or is about to commit a crime and ways
and means are resorted to by a public officer to trap and catch the criminal
while in instigation a public officer or a private detective induces an innocent
person to commit a crime and would arrest him upon or after the commission
of the crime by the latter.
d) Entrapment is no a bar to the prosecution and conviction of the lawbreaker
while instigation is that the accused must be acquitted because the offender
simply acts as a tool of the law enforcers.

EXAMPLE OF ENTRAPMENT
A, a government anti-narcotics agent, acted as a poseur buyer of shabu and
negotiated with B, a suspected drug pusher who is unaware that A is a police
officer. A then paid B in marked money and the latter handed over a sachet of
shabu. Upon signal, the cops closed in on B.

EXAMPLE OF INSTIGATION
A, leader of an anti-narcotics team, approached and persuaded B to act as a
buyer of shabu and transact with C, a suspected pusher. B was given marked
money to pay C for a sachet of shabu. After the sale was consummated, the
cops closed in and arrested both B and C.



10. Proximate Cause

PROXIMATE CAUSE is that cause which, in natural and continuous sequence,
unbroken by any efficient intervening cause, produces an injury, and without
which the result would not have occurred.

There is no liability in the following circumstances:
1. One cannot be held liable for the death of another where the injury inflicted
cannot possibly produce death.
2. If there is an efficient intervening cause which breaks the relationship
between the cause and effect.
3. If death was due to the intentional act of the victim.
NOTE: He may not have touched another, but he could still be held liable for
the death or injury caused if one instilled fear in the victims mind which forced
the person to do an act which caused his death or injury.
*** An EFFICIENT INTERVENING CAUSE is an active force that intervened
between the felony committed and the resulting injury, and the active force is
a distinct act and/or fact absolutely foreign from the felonious act of the
accused.
*** A supervening event is an unforeseen, intervening, an additional event or
cause. A supervening cause is an event that operates independently of
anything else and becomes the proximate cause of an accident.

11. Motive and intent and when motive is essential

Motive is the moving power which impels one to act for a definite result. Intent is
the purpose to use a particular means to effect such result.

The following are distinctions of Motive and intent:
a. Motive is the reason/moving power which impels one to commit an act for
a definite result. (e.g. revenge, anger, hatred or jealousy) while Intent is
the purpose to use a particular means to bring about a desired result (not
a state of mind, not a reason for committing a crime)
b. When there is motive in the commission of a crime, it always comes
before intent. But a crime maybe committed without motive. If intentional,
a crime cannot be committed without intent. Intent is manifested by the
instrument used by the offender.

GENERAL RULE: Motive is Immaterial.
When Motive is Important?
i. The act brings about variant crimes
ii. When the perpetrator has not been positively identified as when
nobody witnessed the commission of the offense
iii. To determine whether a shooting was intentional or accidental
iv. To determine the specific nature of the crime
v. When the accused claims self-defense

*** proof on motive us not indispensable where guilt is established by
sufficient evidence.

12. Attempted/Frustrated/Consummated Felony (focus on the cases)
Article 6. Consummated, frustrated, and attempted felonies. - Consummated
felonies as well as those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all
the acts of execution which would produce the felony as a consequence but
which, nevertheless, do not produce it by reason of causes independent of the
will of the perpetrator.
There is an attempt when the offender commences the commission of a felony
directly by overt acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than his own
spontaneous desistance.

13. Light/Less Grave and Grave Felonies including penalties
Article 7. When light felonies are punishable. - Light felonies are punishable only
when they have been consummated, with the exception of those committed
against person or property.
Article 9. Grave felonies, less grave felonies and light felonies. - Grave felonies
are those to which the law attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with article 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in
their maximum period are correctional, in accordance with the above-mentioned
article.
Light felonies are those infractions of law for the commission of which the penalty
of arresto menor or a fine not exceeding 200 pesos or both, is provided.

14. Concept of an impossible crime/Elements of impossible crimes

By any person performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or on
account of the employment of inadequate or ineffectual means. (Art. 4, Par. 2)


Requisites:
1. The act performed would be an offense against persons or property;
2. The act was done with evil intent;
3. Its accomplishment is inherently impossible or that the means employed is
either inadequate or ineffectual;
4. The act performed should not constitute a violation of another provision of the
RPC.

15. Praeter Intentionem/Aberratio Ictus/Error in Personae

ABBERATIO ICTUS (Mistake in the blow)
- A person directed the blow at an intended victim but because of poor aim, that
blow landed on somebody else.
- The intended victim as well as the actual victim are both at the scene of the
crime
- It generally gives rise to a COMPLEX CRIME, that being so, the penalty for the
serious crime is imposed on the maximum period.
- The only time when complex crime may not result is when one of the resulting
felonies is LIGHT FELONY.

ERROR IN PERSONAE (Mistake in the identity)
- The intended victim was not at the scene of the crime, it was the actual victim
upon whom the blow was directed, but he was not the intended victim. There
was really a mistake in identity.
- It is mitigating if the crime committed is different from that which is intended
- If the crime committed is the same as the crime intended, error in personae
does not affect the criminal liability of the offender. Doctrine of transferred
intent When X intended to shoot Y but instead, the bullet hit Z. The intended
result is the actual result, that is, the intent to kill Y is now the intent to kill Z.
- The legal consequence is that the person will be charged for the actual crime
but the penalty will be in accordance with Article 49.

PRAETER INTENTIONEM (Actual Result greater than that intended)
- The actor is entitled to a mitigating circumstance of lack of intent to commit so
grave a wrong. (par 3, Art. 13)
- There must be a notable disparity between the means employed and the
resulting felony.
-
16. The effects of the presence of a mitigating/ justifying/ exempting/
aggravating circumstance in a crime

JUSTIFYING CIRCUMSTANCE No crime, No criminal liability, and no civil
liability EXCEPT state of necessity.

EXEMPTING CIRCUMSTANCE There is a crime, No criminal liability, with civil
liability EXCEPT accident and insuperable cause.
MITIGATING CIRCUMSTANCE There is a crime, Decreased criminal liability,
with civil liability.

AGGRAVATING CIRCUMSTANCE There is a crime, Increased criminal
liability, with civil liability

ALTERNATIVE CIRCUMSTANCE There is a crime, Increased or Decreased
criminal liability

17. Elements of the justifying circumstance of the state of necessity and
performance of duty and obedience to a superior

The following are the elements of the justifying circumstance of the state of
necessity (Avoidance of Greater Evil):
1) Evil sought to be avoided actually exist
2) Injury feared be greater than that done to avoid it
3) There is no other practical and less harmful means of preventing it
(Article 11, (4), RPC)
*** The evil or injury sought to be avoided must not have been created by the
one invoking the justifying circumstances.
EXCEPTION: There is civil liability under this paragraph. They shall be liable in
proportion to the benefit which they may have received.

The following are the elements of performance of duty or lawful exercise of right:
1) Offender acted in performance of duty or lawful exercise of a right/office
2) The resulting felony is the unavoidable consequence of the due fulfillment of
the duty or the lawful exercise of the right or office.
*** If first Condition is present,
*** but the Second is not because the offender acted with culpa,
The offender will be entitled to a privileged mitigating circumstance.
The penalty would be reduced by one or two degrees.

The following are the elements of Obedience of Superior Order:
1) Order must have been issued by a superior
2) The order is for some lawful purpose
3) The means used to carry it out must be lawful
*** A subordinate is not liable for carrying out an illegal order of his superior,
If he is not aware of the illegality of the order and
He is not negligent.

18. The Battered Woman Syndrome

Battered Woman Syndrome is now also accepted as a valid defense. In people
vs. Genosa, the court ruled that the battered woman syndrome is characterized
by a CYCLE OF VIOLENCE, which is made up of three phases.

1) First Phase: THE TENSION_BUILDING PHASE
Where minor battering occurs, it could be a verbal or slight physical abuse or
another form of hostile behavior. The woman tries to pacify the batterer
through a show of kind, nurturing behavior, or by simply staying out of the
way. Bu this proves to be unsuccessful as it only gives the batterer a notion
that he has the right to abuse her.
2) Second Phase: ACUTE BATTERING INCIDENT
Characterized by brutality, destructiveness, and sometimes death. The
battered woman has no control; only the batterer can stop the violence. The
battered woman realizes that she cannot reason with him and resistance
would only worsen her condition.
3) Third Phase: TRANQUIL PERIOD
Characterized by guilt on the part of the batterer and forgiveness on the part
of the woman. The batterer may show a tender and nurturing behavior
towards this partner and the woman also tries to convince herself that the
battery will never happen again and that her partner will change for the better.

19. Elements of Insanity as a modifying circumstance

IMBECILE is one who, while advanced in age, has a mental development
comparable to that of children between 2 and 7 years of age. Exempt in all cases
from criminal liability.

INSANE is when there is a complete deprivation of intelligence in committing the
act but capable of having lucid intervals. During a lucid interval, the insane acts
with intelligence and thus, not exempt from criminal liability.

Insanity is a defense in the nature of confession and advance and must be
proved beyond reasonable doubt
Evidence of insanity must refer to
o The time preceding the act under prosecution or
o At the very moment of its execution
Insanity subsequent to commission of crime is not exempting
Feeblemindedness is not imbecility

THE FOLLOWING ARE THE TWO TESTS FOR EXEMPTION ON THE
GROUNDS OF INSANITY:
1) The test of cognition, or whether the accused acted with complete
deprivation of intelligence in committing the said crime;
2) The test of volition, or whether the accused acted in total deprivation of
freedom of will.





20. Elements of self-defense/defense of stranger/defense of relatives

THE FOLLOWING ARE ELEMENTS OF SELF-DEFENSE:
1) Unlawful aggression
2) Reasonable necessity of means employed to prevent or repel it
3) Lack of sufficient provocation on the part of defender

THE FOLLOWING ARE ELEMENTS OF DEFENSE OF STRANGER:
1) Unlawful aggression
2) Reasonable necessity of the means employed to prevent or repel it
3) The person defending be not induced by revenge, resentment or other evil
motive.

THE FOLLOWING ARE ELEMENTS OF DEFENSE OF RELATIVE:
1) Unlawful aggression
2) Reasonable necessity of means employed to prevent or repel it
3) In case person attacked provoked attacker, defender must have no part
therein

21. Elements of the mitigating circumstance of physical defect

This paragraph does not distinguish between educated and uneducated deaf-
mute nor blind persons.
Physical defect referred to in this paragraph is such as being armless, cripple,
or a stutterer, whereby his means to act, defend himself or communicate
with his fellow beings are limited.
The physical defect that a person may have must have a relation to the
commission of the crime.

22. Mitigating circumstance of vindication/passion/voluntary surrender/plea of
guilt

THE FOLLOWING ARE ELEMENTS OF VINDICATION OF A GRAVE
OFFENSE:
1) That there be a grave offense done to the one committing the felony, his
spouse, ascendants, descendants, legitimate, natural or adopted brothers or
sisters, or relatives by affinity within the same degree.
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 the grave offense.
The vindication need not be done by the person upon whom the grave
offense was committed.
Basis to determine the gravity of offense in vindication
o The question whether or not a certain personal offense is grave must
be decided by the court, having in mind
The social standing of the person,
The place, and
The time when the insult was made.
Vindication of a grave offense and passion or obfuscation cannot be
counted separately and independently.

THE FOLLOWING ARE ELEMENTS OF PASSION OR OBFUSCATION:
1) The accused acted upon an impulse
2) The impulse must be so powerful that it naturally produce passion or
obfuscation in him.
Passion or obfuscation not applicable when:
o The act committed in a spirit of LAWLESNESS
o The act is committed in a spirit of REVENGE
The mitigating circumstance of obfuscation arising from jealousy
cannot be invoked in favor of the accused whose relationship with
the woman is illegitimate.
Passion and obfuscation may lawfully arise from cause existing only
in the honest belief of the offender.

THE FOLLOWING ARE ELEMENTS OF VOLUNTARY SURRENDER:
1) That the offender had not been actually arrested
2) That the offender surrendered himself to a person in authority or to the
latters agent
3) That the surrender was voluntary

2 Mitigating Circumstances under this paragraph:
1. Voluntary surrender to a person in authority or his agents;
2. Voluntary confession of guilt before the Court prior to the presentation of
evidence for the prosecution.

Whether or not a warrant of arrest had been issued immaterial and
irrelevant.
The criterion is whether or not
o The offender had gone into hiding
o And the law enforcers do not know his whereabouts.

THE FOLLOWING ARE ELEMENTS OF PLEA OF GUILT:
1) That the offender spontaneously confessed his guilt;
Plea of guilty on appeal is not mitigating
2) That the confession of guilty was made in open court, that is, before the
competent court that is to try the case;
The extrajudicial confession made by the accused is not voluntary
confession because it was made outside the court
3) That the confession of guilt was made prior to the presentation of
evidence for the prosecution.
The change of plea should be made at the first opportunity when his
arraignment was first set.
A conditional plea of guilty is not mitigating.
23. RA 9344 on minority

JUVENILE JUSTICE AND WELFARE ACT OF 2006:
1) 15 years old or below at the time of commission of offense: absolutely
exempt from criminal liability but subject to intervention program
2) Over 15 years old but below 18: exempt from criminal liability but subject to
intervention program
if acted with discernment: subject to diversion program
3) below 18 years are exempt from:
a. Status offense
b. Vagrancy and Prostitution
c. Mendicancy (PD 1563)
d. Snuffing of Rugby (PD 1619)

24. Effects of qualifying aggravating circumstance

Those that change the nature of the crime

Example: Alevosia (treachery) or evident premeditation qualifies the killing of a
person to murder

The effect of a qualifying Aggravating Circumstance is not only to give the crime
its proper and exclusive name but also to place the author thereof in such a
situation as to deserve no other penalty than that specially prescribed by law for
said crime. The circumstance affects the nature of the crime itself such that
the offender shall be liable for a more serious crime. The circumstance is
actually an ingredient of the crime. Being and ingredient of the crime, it cannot
be offset by any mitigating circumstance.

25. Aggravating circumstance of abuse of superior strength

SUPERIOR STRENGTH
To TAKE ADVANTAGE of superior strength means
To use purposely excessive force
Out of proportion to the means of defense available to the person attacked

Superiority may arise from
Aggressors sex, weapon or number
As compared to that of the victim (e.g. accused attacked an unarmed girl
with a knife; r men stabbed to death the female victim).

No advantage of superior strength when
One who attacks is overcome with passion and obfuscation or
When quarrel arose unexpectedly and the fatal blow was struck while
victim and accused were struggling

Vs. by a band:
In the circumstance of abuse of superior strength, what is taken into
account is
Not the number of aggressor nor the fact that they are armed
But their relative physical might vis--vis the offended party

26. Elements of aggravating circumstance of dwelling/nighttime/uninhabited
place

DWELLING
Building or structure, exclusively used for rest and comfort
This is considered an AC because in certain cases, there is an abuse of
confidence which the offended party reposed in the offender by opening
the door to him.
Dwelling need not be owned by the offended party.
It is enough that he used the place for his peace of mind, rest, comfort and
privacy
Dwelling should not be understood in the concept of a domicile.
A person has more than one dwelling.
So, if a man has so many wives and he gave them places of their own,
each one is his own dwelling.
If he is killed there, dwelling will be aggravating, provided that he also
stays there once in a while.
The crime of adultery was committed
Dwelling was considered aggravating on the part of the paramour.
However, if the paramour was also residing in the same dwelling, it will not
be aggravating.
The offended party must not give provocation.
It is not necessary that the accused should have actually entered the
dwelling of the victim to commit the offense;
It is enough that the victim was attacked inside his own house,
Although the assailant may have devised means to perpetrate the assault.
Dwelling includes dependencies,
The foot of the staircase
And the enclosure under the house.

NIGHTIME
The commission of the crime must begin and be accomplished in the
nighttime.
The offense must be actually committed in the darkness of the night.
When the place is illuminated by light, nighttime is not aggravating.
It must be shown that
Offender deliberately sought the cover of darkness and
The offender purposely took advantage of nighttime to facilitate the
commission of the offense.

UNINHABITED PLACE
It is determined
Not by the distance of the nearest house to the scene of the crime
But whether or not in the place of the commission of the offense, there
was a reasonable possibility of the victim receiving some hep.

27. The alternative circumstance of relationship

The alternative circumstance of relationship shall be taken into consideration
when the offended party is the spouse, ascendant, descendant, legitimate,
natural, or adopted brother or sister, or relative by affinity in the same degrees of
the offender.

WHERE RELATIONSHIP IS EXEMPTING:

In the case of an accessory who is related to the principal within the
relationship prescribed in Article 20;

Also in Article 247, a spouse does not incur criminal liability for a crime of
less serious physical injuries or serious physical injuries if this was
inflicted after having surprised the offended spouse or paramour or
mistress committing actual sexual intercourse.

Those commonly given in Article 332 when the crime of theft, malicious
mischief and swindling or estafa.

WHERE RELATIONSHIP IS AGGRAVATING:

In CRIMES AGAINST PERSONS in cases where
o The offended party is a relative of a higher degree than the offender
(grandson kills grandfather), or
o When the offender and the offended party are relatives of the same level,
as killing a brother, a brother-in-law, a half-brother or adopted brother

When CRIME AGAINST PERSONS is any of the SERIOUS PHYSICAL
INJURIES (Art. 263), even if the offended party is a descendant of the
offender, relationship is AGGRAVATING.
o But the serious physical injuries must not be inflicted by a parent upon his
child by excessive chastisement.

When the crime is LESS SERIOUS PHYSICAL INJURIES OR SLIGHT
PHYSICAL INJURIES
o If the offended party is a relative of a higher degree than the offender



When crimes against persons is HOMICIDE OR MURDER,
o Relationship is aggravating even if the victim of the crime is a relative of
lower degree.

In CRIMES AGAINST CHASTITY,
o Relationship is always aggravating

In the CRIME OF QUALIFIED SEDUCTION,
o The offended woman must be a virgin and less than 18 years old.
o But if the offender is a brother of the offended woman or an ascendant
of the offended woman,
Regardless of whether the woman is of bad reputation,
Even if the woman is 60 years old or more,
o Crime is qualified seduction. In such a case, relationship is
qualifying

WHERE RELATIONSHIP IS MITIGATING:
When the CRIME IS LESS SERIOUS PHYSICAL INJURIES OR SLIGHT
PHYSICAL INJURIES
o If the offended party is a relative lower degree

Relationship is neither mitigating nor aggravating, when relationship is an
element of the offense.

28. Death/injuries under exceptional circumstances

Article 247 of the Revised Penal Code covers both death and physical
injuries inflicted during exceptional circumstances, when a married person -
either the husband or the wife - surprises the other spouse in flagrante delicto in
the act of committing sexual intercourse with another person.

ART. 247. Death or physical injuries inflicted under exceptional circumstances. Any
legally married person who, having surprised his spouse in the act of committing sexual
intercourse with another person, shall kill any of them or both of them in the act or
immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer
the penalty of destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from
punishment.
These rules shall be applicable, under the same circumstances, to parents with respect
to their daughters under eighteen years of age, and their seducers, while the daughters
are living with their parents.
Any person who shall promote or facilitate prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to the
benefits of this article.
29. Requisites to be complicit as an accomplice in a crime

Article 18. Accomplices. - Accomplices are those persons who, not being
included in article 17, cooperate in the execution of the offense by previous or
simultaneous acts.

30. Accessories to a crime and who are accessories exempt from criminal
liability?
Article 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 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. - The penalties
prescribed for accessories shall not be imposed upon those who are such with
respect to their spouses, ascendants, descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by affinity within the same degrees,
with the single exception of accessories falling within the provisions of paragraph
1 of the next preceding article.