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FINALS NOTES (CRIMLAW REVI)

INHERENT- necessarily accompanied included in the


definition of offenses/crimes in themselves
- May not be appreciated to be aggravated

SPECIAL AGGRAVATING (arise in special conditions)


Ex: 1. Quasi-recidivism
2. complex crimes (do not agree)
Art. 14 is crafted to make the life of the accused
miserable because of his perversity

Trespass to dwelling- dwelling is inherent


-people v. palaganas
Robbery with use of force
Evident premeditation:
-rape
-robbery
-theft
-swindling
SPECIFIC- only in certain set/s of crime
Ex: cruelty- against persons
Disregard of respect: rank, age, sex
Ignominy- specific aggravating
- Crimes against chastity
Treachery- specific aggravating
- Against persons (gen. rule)
- Robbery with homicide- crimes against
property (Escoto case)
- Treachery may be appreciated although it
essentially a crime against property
- Constituent on the crime of robbery not
homicide!
- (people v. ancheta)
GENERIC
Appreciated in
ALL crimes

QUALIFYING
Only in CERTAIN
crimes

Complex crime multiple murder qualified by means of


explosion
1 penalty- reclusion perpetua more/most serious
offense
1. not found under art. 14
1. special penal laws
2. other provisions of the Code
1st pr. a special aggravating circumstance
1. unlicensed firearm
2. under a dangerous drug (art. 9165 sec. 25)
2nd par.
1. in the presence
2. offender knows that the person is a person in
authority
3. person in authority is not the victim
People v. tac-an- a teacher is not s person in authority
only of he is a victim of direct assault
3rd p.
4 aggravating circumstances
1. age

2.rank
3.sex
4.dwelling
Crimes against:
1. persons
2. honor
Age
Sex
Rank
In itself is not aggravating
When is it appreciated?
-there must be a GREAT GAP/DISCREPANCY between
the age of the offender and offended party
-deliberately offended the age of the party
RAPE- crime against person
- Age is an element (under 7 yrs., under 18
yrs- the offender is an ascendant/relative); it
is inherent in rape
Sex- only if the offended party is a WOMAN
-not appreciated in parricide
-must occupy a position higher than the offender
(offender must be a subordinate of the offended party)
DWELLING
-fortuna case
-tanio case
ABUSE OF CONFIDENCE- qualifying in theft
Par. 5- place where the crime is committed, place
where the victim is discharging his duties
- Public authority may be a victim

Offender has already in mind the


commission of the crime
Par. 6- not in themselves aggravating
UNLESS:
1. offender has taken advantage
2. OR offender has specially sought for any of the
circumstances
3. OR if any of the circumstances facilitated the
commission of the crime
BAND- group of persons at least 4 who are armed
-malefactors
UNINHABITED PLACE- not literally
- Theoffended may not have receive
reasonable aid or assistance
NIGHT TIME (NOCTURNITY)
- Between dusk til dawn (6pm-6am) AND
under the cover of darkness
- Kahit may solar eclipse
Par. 7- qualifying in murder: (catastrophes)
-conflagration
-shipwreck
-earthquake
-epidemic
TIME when the crime was committed
Because instead of helping or assisting
pansasamantala
Par. 9 & 10
- Recidivism
- Interracion
- Habitual delinquent

- Quasi recidivist
On trial for a new crime previously committed by final
judgment of another crime embraced in the RPC (1 st
crime, 2nd crime)
-kahit 80 years ago, both are crimes against persons

FIRE, EXPLOSION, POISON


INUNDATION- to drown not to choke
If died, those who conspired will be liable for murder
qualified by inundation

Treason- against national security


Rebellion- against public order

EXPLOSION- ex. Pillbox (basta pumutok)

Must be embraced within the SAME TITLE of the Code

Atomic bomb- artifice that involve great waste and ruin

REITERRACION- 2 or more crimes with a light penalty

People v. comadre- illegally possessed

RECIDIVISM
Enough if
previously
convicted

People v. malngan- PD 16130 new arson law: liable


even if the person is killed

1st & 2nd must be


embraced under
the same title
Always an
aggravating
circumstance

REITERRACION
Not enough if
previously
convicted
- Must
previousl
y served
in
sentence
st
nd
1 & 2 need not
be embraced
under the same
Code
Appreciation is
discretionary on
the part of the trial
judge

Par. 11
PRICE. PROMISE, REWARD
- One who has offered PPR as a consideration
against whom? BOTH: nagbigay at
tumangggap

EVIDENT PREMEDITATION
- Pagpaplano
- Inherent in rape
- May be appreciated in all crimes
- Qualified in murder
- Most difficult to prove
Elements:
1. time when the offender conceived the plan to
commit the crime (no testigo)
2. manifestly indicating
3. lapse of time- between the conceived plan (difficult
to prove) and actual execution- to fully reflect
-not appreciated if the victim is not the intended victim
Proving elements may be dispensed with; express
conspiracy
TREACHERY- must deliberately adopted the means of
the attack
-casual

-by chance
- accidental
-fortuitous
There must be preparation, not spur of the moment
crimes
Abuse of superior strength is absorbed in treachery
(absolute rule)
KEY WORDS: DELIBERATE, CONSCIOUSLY ADOPTED
THE MEANS OF ATTACK
ART. 14
That:
- Craft
- Fraud
- Disguise
(reference to the means employed)
CRAFT- involves INTELLECTUAL TRICKERY & CUNNING
on the part of the accused; not aggravating IF: IT
PARTAKES OF AN ELEMENT OF AN OFFENSE
FRAUD- insidious wirds or mavhinations used to induce
the victim to act in a manner which would enable the
offender to carry out his design
FRAUD
There is direct
inducement by
insidious words or
machinations

CRAFT
Not to arouse
suspicion f the
victim

DISGUISE- resorting to any device to conceal identity


- Superficial but comewhat effective
dissembling to avoid identification

Art. 17
IGNOMINY- circumstance pertaining to moral order
which adds disgrace and obloquy to material injury
cause by the crime
-reference to the MEANS EMPLOYED
Applicable to:
1. crimes against chastity
2. less serious physical injuries
3. light/grave coercion
4. murder
- must tend to make the effects of the crime more
humiliating or to put the offended party to shame
adding to his/her moral suffering
Art. 18
UNLAWFUL ENTRY- entrance is effected by a way not
intended for that purpose
Reference: means and ways employed
-opening not intended for purpose
Art. 19
WALL, ROOF, DOOR. FLOOR, WINDOW- be broken
-reference: ways and means employed
Art. 20
1. aid of persons under 15 yrs old
2. by means of motor vehicles, airships, or other
similar means ( as a quick means)
Art. 21
CRUELTY
1. injury caused be deliberately increased by causing
other wrong
2. other wrong be unnecessary for the execution of the
purpose of the offender

-the culprit for his pleasure and satisfaction caused the


victim to suffer slowly and gradually inflicted on him
unnecessary moral and physical pain
-culprit had a deliberate intention to prolong the
suffering of the victim
-refers to physical suffering
-cannot be presumed
-no.of wounds alone does not show cruelty
IGNOMINY
Moral suffering

CRUELTY
Physical suffering

BY MEANS OF MOTOR VEHICLE


- To commit and facilitate its commisiion
- Going to (regardless of crime)- aggravating
circumstance

INTENTIONAL INTOXICATION:
Plano (una) bago crime (subsequent to commit the
crime)
RA 9165- always aggravating
- No! wrong designation
1. necessarily construed as an amendment to the RPC
2. or each and every killing will be considered as
murder
When is intoxication mitigating?
- If NOT HABITUAL AND NOT INTENTIONAL- not
subsequent to the plan to commit the crime

ENGUITO

When intox
1. if it is habitual, habitual drinker
2. OR intentional (intoxication done subsequent to the
crime); intoxicated ones self before the commission of
the crime

ALTERNATIVE CRICUMSTANCES
-those taken into consideration
1. mitigating- generic mitigating
EX. Rape the GF of the former GF (not intentional, not
subsequent) una inom bago plano

Relationship- always aggravating in crimes against


chastity (irregardless of age)
inherent in:
1. parricide
2. qualified seduction (offender is a domestic)

2. aggravating (susceptible of being offset); generic or


ordinary (may be offset by mitigating)
Ex. A habitual drinker (even if the intoxication is not
intentional)

Mitigating in crimes against property (Art. 332)

MALLARI

1. INTOXICATIO N- state of mind who has taken/drunk


excessive quantity; not the mental state under an
influence of a dangerous drug

Art. 332
-only civil liability and not criminal liability (exempted)
1. theft
2. malicious mischief
3. swindling
-a civil case for sum of money

Mitigating circumstance if the child committed it


against his father- robbery against homicide (crime
against property)
1. determine the crime committed
Relative against another: persons
1. less serious physical injuries- aggravating! Unless it
is an element in the crime
Slight physical injuries- aggravating! Offender is a
lower degree; mitigating- offender is a higher degree
DEGREE OF INSTRUCTION OR EDUCATION
-in itself cannot be taken into consideration
Illiterate- may avail the mitigating circumstance
; no read no write, cannot sign
If unschooled: then NOT mitigating! Even if the ff. are
committed:
1. robbery
2. theft
3. murder
4. homicide
5. rape
When aggravating?- offender used the knowledge and
skill he acquired
Lawyer committing (aggravating!)
1. estafa
2. plunder
PARTIES:
1. ACTIVE subject- accused. Suspect, criminals- only
persons. NOT juridical entities

2. PASSIVE subject- victim, offended party- juridical


entities may be victims especially in libel
Art. 17- PRINCIPALS- to suffer the penalty prescribed
by law
Art. 18- ACCOMPLICE- next lower in degree than that
prescribed by law to the principal without
discrimination to ISL
Art. 19- ACCOMPLICE
*if 2 or more persons who would be convicted of the
crime, the dispositive portion must state the specific or
respective participation, to determine properly the
penalty
3 INDS OF PRINCIPALS
1. BY DIRECT PARTICIPATION
2. BY INDUCEMENT
3. INDISPENSABLE COOPERATION
What element is common to the 3 kinds of principals?
-that the offender must have taken into criminal
resolution
Anterior conspiracy- a conspirator!
Did not took part in the conspiracy- not a principal!
If only 1 offender- always a PRINCIPAL
PRINCIPAL BY DIRECT PARTICIPATION (offenders are
more than 2)
1. taken part in the criminal resolution
2. offender must have carried out the plan, taken part
in the execution by acts which tended to the same end
directly
ACCESSORIES: did not participate

Must not have known of the criminal plan


much less have learned
Must come to know of the crime after its
commission and that you can either habor,
conceal or destroyed the body or profited or
assisted the offender to profit

PRINCIPAL BY INDUCEMENT
-must have participated
-included another to commit a crime
1. through force, violence
2. offered a prize or reward
3. used words of command to convince or compel
another
The ff. must CONCUR: that the inducement:
1.was directly with intention of procuring the crime
2. was the determining cause by the material executor
with personal reasons (even without prize or reward)
WORDS OF COMMAND
1. offender must have the intention of procuring the
crime
2. that the inducer must have the moral ascendancy or
influence to induce
3. words uttered are so powerful, efficacious, direct so
as to amount to inducement
4. must not be uttered prior to the commission
5. person induced must have no personal reason
Peo v. yanson-dumancas
2 WAYS OF DIRECTLY FORCING ANOTEHR TO COMMIT A
CRIME
1. by using irresistible force
2. causing uncontrollable fear

2 WAYS OF DIRECTLY INDUCING ANOTHER TO COMMIT


A CRIME
1. by giving a price or offering reward or promise
2. by using words of command
PRINCIPAL BY INDISPENSABLE COOPERATION
-without which the crime would not have been
accomplished
1. participation in the criminal resolution
- anterior conspiracy/unity of criminal purpose
- intention before the commission of the crime
- concurrence with the principal by direct participation
is sufficient
2. cooperation
-by performing another act without which it would not
have been accomplished
ACCOMPLICE- participation is not indispensable
COLLECTIVE CRIMINAL RESPONSIBILITY
- Criminally liable in the same manner and to
the same extent penalty imposed is the
same for all
INDIVIDUAL CRIMINAL RESPONSIBILITY
- Absence of:
- 1. Previous conspiracy
- 2. Unity of criminal purpose
- 3. Intention immediately BEFORE the crime
- Liable only for the act committed by him
ACCOMPLICE
-cooperate in the execution of the offense by previous
or simultaneous acts
- concurrence of the will of the accomplice with the will
of the author of the crime

In case of doubt:
the participation of an offender is that of an
ACCOMPLICE (not clear cut distinction between the
acts of accomplice and those of principals by direct
participation)
-If participation is not disclosed
-does not have previous agreement or understanding
with the principal by direct participation
-not in conspiracy with principals by direct
participation (only participates in certain point)
-penalty: 1 DEGREE LOWER than that providef for PDP
-liable even if the crime is different from that which the
principal committed
- QUASI-COLLECTIVE CRIMINAL RESPONSIBILITY
- some offenders are principal, others are
accomplices
People v. Garcia
CONSPIRATOR
ACCOMPLICE
Know and agree with the criminal
design
Know the criminal Come to know
intention because about it after the
they themselves
principals have
decided upon
acted the decision
such course of
and only then
action
they agree to
cooperate in its
execution
Decides that a
Merely concur in it
crime should be
committed

Authors of the
crime

Do not decide
whether a crime
should be
committed;
merely assent to
the plan and
cooperate in its
accomplishment;
Merely
instruments who
perform acts not
essential to the
perpetration of
the crime

ACCESSORIES
-does not participate in the criminal design, nor
cooperate in the commission of the felony, but with
knowledge of the commission of the crime
He takes part in 3 ways:
1. profiting from the effects of the crime
2. by concealing the body, effects, or instruments of
the crime in order to prevent its discovery
3. by assisting in the escape or concealment of the
principal of the crime
-responsibility of the accessories is subsequent to the
consummation of the crime and subordinate to that of
the principal
REQUISITES (ACCOMPLICE)
1. thre be a community of design
2. cooperate in the execution by previous or
simultaneous acts with intention of supplying material

or moral aid in the execution of the crime in an


efficacious way
3. relation between the acts done by the principal and
accomplice
4. cooperation is only necessary not indispensable
5. wounds inflicted are not mortal wounds
- a. did not actually contribute to death
b. not of a character that would result in the death
under art. 19- operative act, accessories act provided
he is not burdened in the conspiracy
FORMS OF MORAL AID
1. advice
2. encouragement
3. agreement
ACCOMPLICE ACQUIRES KNOWLEDGE OF THE
CRIMINAL DESIGN
1. principal tells or informs the accomplice of the
formers criminal purpose
2. accomplice saw the criminal acts of principal
COMMUNITY OF DESIGN
- Need not be the crime actually committed
- Sufficient if there was a common purpose to
commit the crime and the crime actually
committed was a natural and probable
consequence of the intended crime
Ex: 1 bottle of san mig pale pilsen- for the last 50 yrsNOT A HABITUAL DRINKER
If everyday for the last 60 mos.- HABITUAL DRINKER

ACCESSORIES
-have a knowledge of the commission of the crime
(crime committed by P is proved without reasonable
doubt); took part subsequent to its commission
-did not participate in its commission
Even if the P is unknown:
1. profiting themselves or assist the offender to profit
by the effects of the crime (provided it is not a light
felony)- must take the consent of P
2. concealing or destroying the body of the crime or
effects/instruments, in order to prevent its discovery
3. harbouring, concealing, assisting the escape of the
principal, accessory acts with abuse of his public
functions
Guilty of:
TREASON
PARRICIDE
MURDER
ATTEMPT TO TAKE THE LIFE OF CHIEF EXECUTIVE
KNOWN TO HABITUALLY GUILTY OF SOME OTHER
CRIME
Responsibility- subordinate to that of P- distinct from
each other
Participation- subsequent to the commission of the
crime; guilt is directly related to P
Effects of the crime- ex. Ransom
PRINICIPAL IS NIOT LIABLE BEC OF AN EXEMPTING
CIRCUMSTANCE:
1. insanity
2. minority

Hence, conviction of accessory is possible even if P is


acquitted due to the aforementioned circumstance
1. requisites prescribed by law for the existence of the
crime are present
2. someon committed it
If aware of the criminal plan
No accessory in the crime of light felony (art. 16 is the
express provision)
Accessory- 2 degrees lower
2 KINDS OF ACCESSORIES:
1. public officer
2. private individuals- liable even if the crime is not
one of those enumerated
Ex. Rape- concealing or assisting the P who is
habitually guilty of some other crimes
PRINICIPAL BY
INDISPENSABLE
COOPERATION
- Participa
ted in
the
criminal
resolutio
n
- Anterior
conspira
cy

ACCESSORIES

Must
not
have
taken
part in
the
criminal
resolutio
n
Require
d:
COMMU

Indispen
sable
acts

NITY OF
DESIGN
with the
principal
s
(offende
r must
have
known
the
criminal
plan and
concurr
ed and
do acts
in
pursuit
of the
plan
Know
and
concurr
ed with
the
plan,
then an
accompl
ice
Necessa
ry acts
(particip
ation
may or
may not

be
indispen
sable)
PRINCIPAL
Participated in the
criminal resolution

ACCOMPLICE
Performed acts previous
or simultaneous with the
conviction of the crime

ACCESSORIES
One who has done acts
under art. 15 and who is
not aware or participated
in the commission; came
to know only after it was
committed
ACCESSORIES
Acts after the commission
of the crime
even if not aware, as long
as he did any of the acts
under art. 19 (liable only if
aware of the plan)
known of the criminal
design prior to the
commission is not an
accessory (bec. Must not
be aware of the criminal
plan only after commision

Par. 2- BODY OF THE CRIME (fact of the commission of


the crime)
- Not referring to the corpse of the victim in
homicide case
- In robber or theft, the loot is the corpus
delicti

(impossible to prove)
XPN: drugs

ART. 20 ACCESSORIES WHO ARE EXEMPT FROM


CRIMINAL LIABILITY:
1. spouse
2. ascendants
3. descendants
4. brothers and sisters
5. relatives by affinity with the same degree
Reason:
1, ties of blood are more compelling than call of duty
2. preservation of the cleanliness of ones name
XPN
1. nephews
2. uncles
Acts are not prompted by affection by but DETESTABLE
GREED:
3. accessories profited by the effects of the crime
4. assisting the offender to profit by the effects of the
crime
ANTI-FENCING LAW
1. robbery or theft has been committed
2. accused, who is not a principal or accomplice in the
commission of the crime of robbery and theft, usurps,
receives, posseses, keeps acquires, conceals, sells, or
disposes or buys and sells or in any manner deals in
any article, item, object or anything of value has been
derived from the proceeds of the crime of robbery or
theft
3. the accused knew or should have known that the
said article, item, or object or anything

ART. 23
ART. 25
ART. 29

Liability is SUBORDINATE to the principal because


participation of an accessory is subsequent and his
guilt is directly related to that of the principal &
SUBSEQUENT
1. not proven in the prosecution instituted
2. do not constitute a crime

ART. 36
ART. 37
ART. 39 (subsidiary imprisonment: highest minimum
wage)
Robbery and theft- no longer accessories! (under par. 1
art. 19 2 and 3- there is still an accessory in the crime
of robbery or theft
CORPUS DELICTI- there must be an attempt to hide the
body of the crime
One who merely kept silent with regard to the crime he
witnessed is not an accessory

Not necessary that the P be convicted of the crime


charged
The corresponding responsibility of P, Accom, Access
are distinct from each other
XPN:
1.if P is not held criminally liable, because of an
exempting circumstance
2. the principal is unknown or at large
3. the requisites prescribed by law for the existence of
the crime are present and that someone committed it
4. commission of the offense can be duly established
in evidence
5. a. commission of the crime
b. responsibility of the accused as an accessory is
established in a full dressed trial