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liability
4.
5.
1.
2.
3.
Justifying Circumstances
Those act of a person which is in accordance
with the law and is deemed not to have
transgressed the law, which in effect is free from
both criminal and civil liability.
There is no crime, there is no criminal, hence, he
should not called an offender but an actor.
Unlawful aggression
Reasonable necessity of the means employed to
prevent or repel it
Lack of sufficient provocation on the part of the
person defending himself
Intuitive Act
This act is geared on disarming, repelling or preventing
further harm from happening to ones self or another
person.
Passionate Act
This is an act which constitutes an intent to kill another
person.
JUSTIFYING CIRCUMSTANCES
a.
b.
c.
d.
Unlawful Aggression
SELF-DEFENSE
It is based on the impulse of selfpreservation born to man and part of his nature as a
human being.
In self-defense, the burden of proof rests upon the
defendant. His duty is to establish self-defense by
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Foot-kicking is not an
unlawful aggression since it is only a mere slight
provocation
Real Aggression
Weapon of Opportunity
c.
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b.
c.
a. Unlawful aggression
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a.
b.
c.
STATE OF NECESSITY
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Exempting Circumstances
These are situations which although the act is
criminal, the circumstances pertaining to the
offender calls for his exemption from criminal
liability.
Imbecility/ insanity
Minority
Accident
Compulsion of irresistible force
Impulse of uncontrollable fear
Insuperable or lawful cause
JUSTIFYING vs. EXEMPTING
JUSTIFYING
The act is legal, within
the bounds of law.
There is no crime, hence,
the accused is not
regarded as a criminal
Since there is no crime,
there is no criminal &
no civil liability.
The emphasis of the law
is on the act.
EXEMPTING
The act is criminal.
INSANITY
EXEMPTING CIRCUSTANCES
a.
b.
c.
d.
e.
f.
Discernment
The ability to know what is wrong and what is
right
Insanity/ imbicibility
An adult which has a mental age of a kid.
A manifestation in language or conduct of
disease or defect of the brain or a more or less
permanently diseased or disordered condition of
the mentality, functional or organic and
characterized by perversion, inhibition or
disordered function of the sensory or of the
intellective faculties or by impaired or disordered
volition.
This exists when there is a complete deprivation
of intelligence in committing the act. The accused
is deprived of reason, he acts without the least
discernment because there is complete absence
of power to discern or there is a total deprivation
of freedom of the will.
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a.
b.
MINORITY
a. Cognition test
- Complete deprivation of intelligence in committing
the criminal act.
b. Volition test
- A total deprivation of the freedom of the will.
a.
SCHIZOPHRENIA
b.
Dementia Praecox)
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Negligence
The omission to do something which a
reasonable man, guided by those considerations
which ordinarily regulate the conduct of human
affairs, would do, or the doing of something which
a prudent and reasonable man would not do.
IRRESTIBLE FORCE
ACCIDENT
Accident
An occurrence that happens outside the sway of
our will, and although it comes about through
some act of our will, lies beyond the bounds of
humanity foreseeable consequences.
Connotes absence of criminal intent
valid defense?
1.
2.
3.
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Insuperable Cause
This is an exempting circumstance which applies
to felonies by omission. The law imposes a duty
on the offender to perform an act but his failure to
do so is due to lawful or insuperable cause.
UNCONTROLLABLE FEAR
Uncontrollable Fear
This is founded on duress or lack of voluntariness
on the part of the actor
- The harm is not tangible and not directed to the
person considered
Duress or Fear
- For this to be considered as a valid defense, it
should be based on real, imminent or reasonable
fear for ones life or limb and should not be
speculative, fanciful or remote fear.
- As long as there is some form of escape and the
accused did not avail of that escape, then this is
no available.
-
Mitigating Circumstances
This shows the lesser perversity of the offender
and has the effect of lowering the penalty
prescribed for the offense.
This is personal to the accused in whose favor
they exist & cannot be enjoyed by his coaccused.
This need not be alleged in the information since
this is a defense.
MITIGATING CIRCUMSTANCES
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Incomplete
Justification
of
Accident
a.
b.
Specific
Privileged
c.
Ordinary
Can be offset by a
generic aggravating
circumstance
Penalty is lowered to
the minimum period of
the penalty prescribed
Not applicable when
what is prescribed is
single indivisible
penalty
Privileged
Cannot be offset by
any aggravating
circumstance
Penalty is lowered by
one or two degrees
Always considered
whether the penalty
imposable is divisible
or indivisible
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Senility
Is an ordinary mitigating circumstance except
when the penalty imposable is death in which
case it shall be reduced to reclusion perpetua
pursuant to Article 83 of RPC, thus, partaking the
nature of a privileged mitigating circumstance.
The reason:
a. Article 47: Dictates that if the death penalty is
imposable, the penalty will be lowered to reclusion
perpetua
b. R.A. 9344: Mandates that if the minor is 15 or under,
he shall be exempted from criminal liability
c. Article 68(2) in relation to R.A. 9344: Requires that if
the minor is over 15 but under 18 and he acted with
discernment he shall be entitled to a reduction of
penalty to the next lower degree but in the proper
period.
Mitigating circumstances of minority should be appreciated
SUFFICIENT PROVOCATION
in favor with the child in conflict with the law who was
clearly a minor when he committed the offense, especially
in the light of the compassionate liberty of the Court has
granted minors involved in serious crimes.
PRAETER INTENTIONEM
Sufficient Provocation
An act adequate enough to excite a person to
commit the wrong and must accordingly
proportionate to its gravity.
No lapse of time
Praeter Intentionem
It is the lack of intention to commit so grave a
wrong as that committed.
There should be a great disparity between the
intent shown by the means employed to
accomplish the criminal act and its resulting
consequences.
This is only appreciated as a mitigating
circumstance when the accused had no intent to
kill but only to inflict injuries when he attacked the
victim.
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VOLUNTARY SURRENDER
ELEMENTS:
ELEMENTS:
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ANALOGOUS CIRCUMSTANCES
Illness
This diminish or deprive the offender of the
consciousness of his acts, otherwise he will not be
exempt from criminal liability.
REQUIREMENTS:
-
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Mitigating Circumstances
- Consider the lesser perversity of the offender;
hence, the penalty is reduced.
- These are matters of defense, hence, need not
required to be alleged in the information.
- There are analogous circumstances which are
left on the sound discretion of the judge whether
or not those circumstances will be appreciated as
a mitigating one.
Aggravating Circumstances
- These circumstances recognize that the offender
is of greater perversity, hence the penalty is
increased.
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Qualifying Circumstances
(a)
(b)
(c)
(d)
Special or Specific
Aggravating Circumstances
The Rationale:
- To inform the accused of the charge against him
because the accused will not only controvert the
crime itself charged against him but also any
circumstances that would tend to increase the
penalty imposable. Hence, the necessity of
stating this circumstances in the information.
- This must also be stated with specificity.
(People vs Regala)
Inherent Circumstances
Generic Aggravating
Circumstances
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Special Aggravating
Circumstances
- Those applicable to specific crimes. They do not
change the character of the offense charged but
only guides the court in imposing the proper
penalty. However, special aggravating
circumstances cannot be offset by an ordinary
mitigating circumstance.
Meaning
of taking advantage
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(People vs. Ursal G.R. No. L-33768 April 20, 1983)
Rank
Refers to high social position or standing
Public Authority
One who is vested with jurisdiction
This covers not only persons in authority but also
agents of persons in authority and other public
officers.
Dwelling (Moranda)
This must be a building or structure, exclusively
sued for rest and comfort. This includes
dependencies, staircases and enclosures under
the house.
- It is not necessary that the house is owned by the
offended. It may include a boarding house, since
home is which the law seeks to protect whether
or not the dweller is a lessee, a boarder or a bed
spacer.
Rationale of dwelling (moranda) as aggravating circumstance:
- The reason is that it reveals the offenders
greater perversity in deliberately invading the
tranquility of ones domicile.
-
Sex
The aggravating circumstance of sex is not
sustained by the fact that the victim was a
woman, unless it further appears that aside from
the unlawful taking of her life, there was in the
commission of the crime some specific insult or
disrespect shown to her womanhood
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The crime committed was in a store, which is about 15 meters away from the
complainants home. The Supreme Court held that for a dwelling to be
considered an aggravating circumstance the dwelling must be used
exclusively for rest and comfort, a combination store and dwelling is not a
dwelling as used in the law.
In this case, the dwelling of the victim is in a part from the store where the
crime was committed.
Nocturnity or nighttime
By and of itself is not an aggravating
circumstance, it only becomes an aggravating
circumstance if it was specially sought by the
offender, or taken advantage by him to facilitate
the omission of the crime or to ensure his
immunity from capture.
established no more than the simple fact that the crime was
committed at night since for nighttime to be considered
aggravating it must be proven that the offender deliberately
sought the perpetration of the crime at night.
2 TESTS FOR THE APPRECIATION OF NOCTURNITY
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Objective Test
- Whether or not nocturnity facilitated the
commission of the crime.
Subjective Test
- Whether or not it was purposely sought by the
offender in order to afford impunity.
BAND
ORGANIZED CRIME
SYNDICATE
There must be at
least 4 armed men
There must be at
least 2 members are
who are not required
to be armed
The purpose is to
commit crimes for
gain
BAND
ARMED MEN
They merely aided
the principal offender
and thus considered
accomplices
The number is not
specified nor
required, as long as
there is more than
one
Crimes are not
specified
a.
b.
c.
d.
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Recidivist
This is a person who after final judgment of a
previous felony, managed to commit another
offense which falls under the same title of the
RPC as the prior felony.
Nature of Recidivism
Appreciated
3.
Reiteracion
The offender has been previously punished and
has finished serving his sentence
The first offense must have been punished with
equal or greater penalty than that of his current
offense
Or he has committed two or more crimes
previously to which the law attaches a lighter
penalty. This does not require that the offenses be
covered under same title of the RPC.
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Antecedent
Previous conviction by
final judgment
Offenses
Penalty
No requirement as to
penalty imposed in the
prior conviction
Service of sentence
Need not to be felony
nor under the same
Title
Prior crime must
have been penalized
with an equal or
greater penalty or
two or more crimes
was lighter penalty
Habitual Delinquency
- A special aggravating circumstance for which it
imposes an additional penalty that escalates with
the increase in the number of convictions. Thus,
the penalty for the actual felony committed plus
the penalty for the habitual delinquency, the total
of which should not exceed 30 years.
- An offender is considered a habitual delinquent if
within a period of 10 years from either his last
release or last conviction of the crimes
(FRETSeL) falssification, robbery, estafa, theft,
serious or less serious physical injuries and he is
found guilty of said crimes a third time or oftener.
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times fall under the same title of the code. Thus, the
penalty of the felony will be aggravated due to recidivism
plus the habitual delinquencys penalties as a special
aggravated circumstance following the rules of Article 62.
The law requires 3 convictions. The third conviction for the
covered crimes must be committed within 10 years from
the second conviction. The 10-year period shall be counted
from the date of release.
This is a special aggravating circumstance because its
effect is to impose an incremental penalty which is actually
an additional penalty to that imposed for the crime actually
committed.
- Two penalties shall be therefore imposed, one for the
crime actually committed and for the habitual
delinquency. The penalty for habitual delinquency
escalates with the number of convictions.
- This is not a qualifying circumstance since, although,
the increase in the penalty is significant, it does not
change the nature of the offense committed.
2.
3.
Crimes
covered
Prescription
4.
5.
Convictions
Nature
penalty
Offeror
Principal by inducement
Quasi-recidivism
A special aggravating circumstances wherein the
offender has been previously convicted by final
judgment and before beginning to serve such
sentence, or while serving the same he committed
another felony.
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REQUISITES:
Acceptor
Principal by direct participation
- The aggravating circumstance is attendant to the
person who allowed himself to be hired when the
said circumstance is the primary motivation while
he committed the offense.
- If the acceptor committed the offense with or
without the price, reward or consideration then it
is not considered aggravating.
Affected people by the Circumstance of Price,
Promise or Reward:
They affect principally to those who have direct
participation in committing the crime for a
consideration.
premeditation:
EVIDENT PREMEDITATION
Evident Premeditation
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Craft
Cunning or intellectual trickery or chicanery
resorted to by the accused to carry out his evil
design.
If Craft is especially sought for to commit the
crime then this will be absorbed by treachery.
Fraud
Constitutes deceit and is manifested by insidious
words or machinations.
Inherent estafa and cannot be considered
aggravating in the said felony.
Superiority in Numbers
This is does not necessarily mean that the
offenders abused their superior strength or that
means employed to weaken the defense.
It must be proved that the attackers cooperated in
such a way as to secure advantage form
superiority of strength.
TREACHERY/ ALEVOSIA
Disguise
Resorted to conceal the identity, however in spite
of the disguise the offender was still recognized,
then it cannot be considered as an aggravating
circumstance.
This is not aggravating if disguise did not facilitate
the commission of the crime or not taken
advantage of offender in the course of the
assault.
Treachery
This exist when the offender commits any of the
crimes against the person, employing means,
methods or forms in the execution thereof which
tend to directly and specially to insure its
execution, without risk to himself arising from the
defense which the offended party might make.
Preconditions of Treachery:
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People vs Padlan:
It was not shown that there was that swift and unexpected attack
of an unarmed victim, which is the essence of treachery. The
victims were not defenseless, since they too were armed.
XX had a bolo, while YY had a slingshot with darts. The sight of
the accused at a distance must have sufficiently warned them of
the accused and their intentions; that is why they tried to evade
them. Thus, an important condition has not been proved: that the
The shooting was done at the spur of the moment. The victim
had shouted damning curses at the driver and the passengers of
the jeepney. The shooting was instantaneous response to the
cursing. Treachery cannot be appreciated where the accused shot
IGNOMINY
Ignominy
This circumstance pertains to the moral attribute,
which adds disgrace to the material injury caused
by the crime.
This produces more suffering on account of its
humiliating effects.
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(l)
Unlawful Entry
When the entrance is through a way not intended
for that purpose since the opening must be used
to enter, not to escape.
Alternative Circumstances
(m) These are circumstances which must be taken into
consideration as aggravating or mitigating according
to the nature and effects of the crime and the other
conditions attending to its commission.
(n) They are the relationship, intoxication and the degree
of instruction and education of the offender.
(o) These circumstances are considered only when they
influenced the commission of the crime.
DISTINCT CIRCUMSTANCES:
Alternative Circumstance of
Relationship
(p) This 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.
CRUELTY
(r)
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2.
Alternative Circumstance of
Intoxication
As a mitigating circumstance:
(s) The accuseds state of intoxication should be
proven or established by sufficient evidence. It
should be such an intoxication that would
diminish or impair the exercise of his will-power
or the capacity to know the injustice of his act.
1.
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