Requisites of a felony: Freedom, Intelligence,

Intent
Mala in se acts wrongful in their nature,
RPC
Mala prohibita acts made criminal by
statutes
under special laws!
"rt# $%! Criminal liability shall be incurred
by any person committing an o&ense although the
wrongful act done be di&erent from that which he
intended#
' (rongful act done must be the pro)imate
cause of the in*ury
Pro)imate cause that cause which, in its
natural and continuous sequence, unbro+en
by any e,cient inter-ening cause, produces
the in*ury and without which the result
would not ha-e occurred!
.,cient inter-ening cause a distinct act
totally foreign to the in*ury in/icted by the
felonious act and brea+s the chain of
connection between the felony committed
and resulting in*ury!
0uper-ening fact an act which changes
the nature of an o&ense!
Mista+e of Fact an absolutory cause# 1ad
the facts been true to the belief of the
o&ender, the act he did can be *usti2ed and
will negate criminal liability pursuant to the
ma)im ignorantia facti e)cusat ignorance
of fact e)cuses!
.rror in personae mista+e in identity!
situation which in-ol-es only % o&ended
party, who is unintended, and the o&ender
committed a mista+e in ascertaining the
identity of the -ictim
' If intended and actual crime are of
di&erent gra-ity, lower penalty between
intended and actual felony shall be
imposed#
"bberatio Ictus mista+e in the blow!
o&ender intends in*ury on one person but
the harm fell on another# 3 parties in-ol-ed:
o&ender, actual -ictim, intended -ictim# May
result in a comple) crime#
Praeter intentionem in*ury is in/icted on
intended -ictim but the resulting
consequence is gra-er than intended# "rt#
%33!!
"rt# 4 5ulla crimen nulla poena sine lege
there is no crime when there is no law punishing it#
"rt# 6 0tages of a felony# " felony is
consummated when all the acts necessary for its
e)ecution and accomplishment are present,
and it is frustrated when the o&ender
performs all the acts of e)ecution which would
produce the felony as a consequence but which,
ne-ertheless, do not produce it by reason of causes
independent of the will of the perpetrator#
7here is an attempt when the o&ender
commences the commission of a felony directly by
o-ert acts, and does not perform all the acts of
e)ecution which should produce the felony by reason
of some cause or accident other than his own
spontaneous desistance#
88crimes which ha-e no frustrated stage:
rape, arson, corruption of public o,cers
"ttempted trespass to dwelling '
indeterminate o&ense
If it is not attempted or frustrated 9 Is it
automatically consummated9 (hy or why not9
7he felony of 0erious physical in*uries,
defamation, slander, gra-e threats and un*ust
-i)ation are always consummated#
:n*ust -i)ation ' cause a disturbance in the
mind of the person#
Intent to +ill ' weapon used, words utter,
actions of the perpetrator, number of wounds sustain
by the-ictim

"rt# ; Conspiracy e)ists when two or more
persons come to an agreement concerning the
commission of a felony and decide to commit it#
conspiracy by prior agreement
conspirator is liable as long as he appeared
in the commission of the crime unless he is
a principal
' 1is liability is only on the crime agreed
upon e)cept when: % other crimes are
committed in his presence but he did
not pre-ent the commission of the
o&ense, < other crime is the natural
consequence of crime planned, and 3
resulting crime is a special comple)
crime considered as a single indi-isible
felony!
Implied conspiracy occurs when
conspiracy is hatched at the moment of the
commission of the crime#
' Participation is essential# Mere passi-e
presence, without more, does not ma+e
him liable# !
"rt# %% =ustifying circumstances , no crime,
no criminal, no criminal liability >0R0 .?@A
%# 0elf'defense : unlawful aggression,
reasonable necessity of the means
employed, lac+ of su,cient pro-ocation
' Includes defense of life, chastity,
property and honor
' In defense of property, +illing is not
*usti2ed# If there is a aggression on
property, defense is proper but not to
the e)tent of +illing the aggressor#
@therwise, the means used to pre-ent
the aggression will be unreasonable# PP
- 5ar-aeB, %C;3
<# ?efense of relati-e spouse, ascendants,
descendants, legitimateDnaturalDadopted
siblings or relati-es by a,nity in the same
degree, relati-es by consanguinity within
the fourth ci-il degree!: unlawful aggression,
%
reasonable necessity, one ma+ing defense
had no pro-ocation therein
3# ?efense of stranger not induced by
re-enge, resentment or other e-il moti-e
$# "-oid an e-il or in*uryDstate of necessity: e-il
sought be a-oided actually e)ists, in*ury
feared be greater than that done to a-oid it,
no other practical and less harmful means
to pre-ent it#
4# Ful2llment of a duty or lawful e)ercise of a
right
6# "cts in obedience to an order issued by a
superior for some lawful purpose
"rt# %< .)empting circumstances one of
the elements of a felony is lac+ing
' there is a crime, there is criminal and
ci-il liability E:7 e)empt from o&ender
is e)empt from ci-il liability
%# imbecile or insane person
<# minority
3# performing a lawful act with due care
$# under compulsion of irresistible force
4# under the impulse of an uncontrollable fear
of an equal or greater in*ury
6# failure to perform an act required by law
when pre-ented by some lawful or
insuperable cause
"rt# %3 Mitigating circumstances >IMP'0IP'
Fo?I'@
' @MC lowers penalty to minimum period
' PMC lowers penalty one or more
degrees
' 0MC applies to speci2c circumstances
only
' .)istence of 0"C and PMC lowers the
penalty to a minimum period of the
ma)imum penalty
%# Incomplete *ustifying or e)empting
<# MinorityD senility
3# praeter intentionem no intention to commit
so gra-e a wrong!
'0ec# $ R" ;G$C "nti 1aBing Haw if a person
sub*ected to haBing su&ered physical in*ury
or dies as a result thereof, the o,cers and
members of the frat, soro or organiBation
who actually participated shall be liable as
principals and shall 5@7 be entitled to the
mitigating circumstance of Praeter
Intentionem#
$# su,cient pro-ocation of o&ended party
4# immediate -indication of a gra-e o&ense
6# passion or obfuscation
I# -oluntary surrender or -oluntary plea of
guilty in open court
;# deaf and dumb or blind
C# illness
%G# other analogous circumstances
"E0@H:7@RJ C":0.0
' act committed is a crime but, by reason
of public policy, no penalty is imposed#
' "rt# <G accessories e)empt of criminal
liability
' "rt# <$I legally married person who
was surprised to see his spouse
committing se)ual intercourse with
another shall +ill or in*ure any or both
' "rt# <;G trespass to pre-ent serious
harm on oneKs self
' "rt# 33< persons e)empt from criminal
liability in theft, swindling, and
malicious mischief
"rt# %$ "ggra-ating Circumstances
>P"""C'5C'"RRP'I'.C0"'I':("(A
' 0pecial "C: disregard of ran+ and age,
superior strength, treachery, under
dangerous drugs
' R" %;66 as amended by R" ;<C$ and
%GGC%% use of unlicensed loose!
2rearm is aggra-ating in murder,
homicide, parricide, robbery with
homicide PP - Eolingin
' 0peci2c "C: gra-e threats in writing for
the purpose of e)torting money,
sla-ery for the purpose of assigning the
woman to tra,c+ing or immoral
conduct,
direct assault when committed with a
weapon, or o&ender is a public o,cer
or employee, or when committed by
laying of hands
' Conspiracy is not an aggra-ating
circumstance, either a crime itself or a
manner of incurring criminal liability
%# 7a+ing ad-antage of public position
<# In contempt of or with insult to public
authorities
3# ?isregard of "ge, se), ran+, dwelling
robbery with force upon things dwelling is
5@7 aggra-ating# Robbery with -iolence
against or intimidation of persons dwelling
is aggra-ating!
$# "buse of con2dence inherent in
mal-ersation, quali2ed theft, estafa by
con-ersion or misappropriation, quali2ed
seduction!
4# Committed in the palace of Chief .)ec or in
his presence, or where public authorities are
engaged in the discharge of their duties or
in a place dedicated to religious worship
6# 5ighttime, uninhabited place, band
BAND AID OF ARMED
MEN
"t least $ armed
men acting together
in the commission
5o required number
"ll principals by
direct participation
Mere accomplices
"bsorb in band
BAND [art
14(6)]
ORGANISED
CRIME[art 62]
"t least $ "t least <
5o particular
purpose
For purposes of gain in
any crime
I# @n occasion of con/agration, shipwrec+,
earthqua+e, epidemic or other calamity
;# "id of armed men
C# Recidi-ist
RECIDIVISM REITERACION
Pre-ious con-iction Pre-ious ser-ice of
<
by 2nal *udgment sentence
@&enses under
same title
5ot required
Felonies Felonies or o&enses
in special laws
5o requirement as
to penalty
First o&ense was
punished with equal
or greater penalty
R.CI?IFI0M 1"EI7:"H
?.HIL:.5CJ
0econd con-iction 7hird con-iction
:nder same title FR.70.H falsi2cation,
robbery, estafa, theft,
serious or less
physical in*uries!
?oes not prescribe Prescribes if within %G
yrs from date of last
releaseDcon-iction
Meneric
aggra-ating
0pecial aggra-ating
8Luasi recidi-ism special aggra-ating,
cannot be o&set by an @MC, pre-iously
con-icted by 2nal *udgment and before
beginning to ser-e such or while ser-ing the
same, he committed another felony
%G# Reiteracion
%%# Price, reward or promise
%<# Ey means of inundation, 2re, poison,
e)plosion, stranding of -essel, derailment of
locomoti-e , use of any arti2ce in-ol-ing
great waste
%3# .-ident premeditation
'time, act, su,cient lapse of time
'not applicable when unintended -ictim died
as result of a felony
%$# Craft, fraud or disguise
%4# 0uperior strength or means be employed to
wea+en defense
%6# "le-osia
%I# Ignominy
%;# Crime after unlawful entry
%C# (all, roof, /oor, door, window be bro+en
<G# "id of persons under %4, use of motor
-ehicle
<%# (rong done deliberately augmented by
some other wrong not necessary for its
commission
"rt# %4 "lternati-e Circumstances
%# Relationship >0"?Ero0"A
'mitigating : crimes against property
'aggra-ating: crimes against chastity
<# Into)ication
'not a habitual drin+er and did not ta+e
alcohol for purpose of committing a crime
3# ?egree of Instruction
'low education is mitigating
"rt# %I Principals
' ?irect participation
' Inducement
' Indispensable cooperation
"rt# %; "ccomplices
' Cooperate by pre-ious or simultaneous
acts
"rt# %C "ccessories
' (ith +nowledge but without
participation
C@'C@50PIR"7@R "CC@MPHIC.
Part of decision
ma+ing
1as been decided
and merely
assents
"uthors of a crime Mere instruments
%# Pro2ting or assisting to pro2t
<# Concealing or destroying the body of crime
3# 1arboring, concealing or assisting escape of
principal with abuse of public functions or
when principal is guilty of treason, parricide,
murder, attempt to ta+e life of President, or
habitually guilty
"rt# <G "ccessories who are e)empt
'0"?Ero0"
JUSTIFYING CIRCUMSTANCE
Eattered (oman 0yndrome is a =ustifying
Circumstance e-en in the absence of all the
requisites of a =C# 0ec# <6, R" C<6<!
Cycle of -iolence repeated at least twice:
PP -# Menosa, <GG$!
%# 7ension'building phase
<# "cute battering incident
3# 7ranquil, Ho-ing period
In =ustifying circumstances, there is no crime
committed# 7hus, no criminal and ci-il liability#
.NC.P7 para $!
In .)empting Circumstances, the crime was
committed but because of the lac+ of one or
se-eral of elements FII! for the commission of a
felony, the o&ender is freed from any criminal
liability# 1owe-er, there is ci-il liability#
In an absolutory cause, the o&ender performed
the act with freedom, intelligence, and intent#
Eut by reason of public policy, no penalty is
imposed#
(hat will be the e&ect of the following to the criminal
liability of an o&ender9 in relation to "rt# $%!
"berratio Ictus mista+e in the blow! there
must at least be 3 persons: o&ender, intended
-ictim, unintended -ictim
'results to a comple) crime
'aggra-ates criminal liability "rt# $;!
Praeter Intentionem the in*ury caused was
greater than what was intended!
'mitigates liability of o&ender "rt# %3 no
intention to commit so gra-e a wrong!
.rror in personae o&ender merely presumes
that the person he is attac+ing is the intended
-ictim and he turned out to be incorrect!
' "rt# $C generally, mitigates
3
$