COMMENTARIES ON CRIMINAL LAW REVIEWER BY MAXIMO AMURAO

INTRODUCTION

Criminal Law

Branch or division of law which defines crimes, treats or their nature and
provides for their punishment

Criminal Law
Defines crimes, treats or their nature and
provides for their punishment
Substantive
No retroactive effect EXCEPT if favorable
to the accused who is not a habitual
delinquent
Congress

Criminal Procedure
Regulates the steps in the apprehension,
prosecution and conviction of the
accused if found guilty
Adjective or Procedural
Retroactive effect may be given
SC

Only express provision of the law can punish a crime

No common law crimes in the Philippines

Nullum crimen, nulla peona sine lege no crime unless there is a law
punishing it
Power of the State to punish crimes

Belongs to the sovereign power instinctively charged byte he common will of

the members of society to look after, guard and defend the interests of the
community.
Limitations of the State to punish crimes
1. Bill of Rights from 1987 Constitution

Section 1. No person shall be deprived of life, liberty, or property

without due process of law, nor shall any person be denied the equal
protection of the laws.

Section 2. The right of the people to be secure in their persons,

houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall

be inviolable except upon lawful order of the court, or when public
safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section

shall be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to
assemble and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination
or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the
limits prescribed by law shall not be impaired except upon lawful order
of the court. Neither shall the right to travel be impaired except in the
interest of national security, public safety, or public health, as may be
provided by law.
Section 7. The right of the people to information on matters of public
concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
Section 8. The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies for
purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just
compensation.
Section 10. No law impairing the obligation of contracts shall be
passed.
Section 11. Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason
of poverty.
Section 12. (1) Any person under investigation for the commission of
an offense shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably of
his own choice. If the person cannot afford the services of counsel, he
must be provided with one. These rights cannot be waived except in
writing and in the presence of counsel.(2) No torture, force, violence,
threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado,
or other similar forms of detention are prohibited.(3) Any confession or
admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.(4) The law shall provide for
penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar
practices, and their families.

Section 13. All persons, except those charged with offenses punishable
by reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense
without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed of the nature and cause
of the accusation against him, to have a speedy, impartial, and public
trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been
duly notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when the public
safety requires it.
Section 16. All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against
himself.
Section 18. (1) No person shall be detained solely by reason of his
political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall the death
penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of substandard
or inadequate penal facilities under subhuman conditions shall be dealt
with by law.
Section 20. No person shall be imprisoned for debt or non-payment of
a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.

2.

3.

Ex post facto law

A law which :
o
Makes criminal an act, which, when committed was not
punishable.
o
Aggravates a crime, or makes it greater than it was when
committed
o
Changes the punishment and inflicts greater punishment
than the law existing at the time the crime was committed
o
Alters the legal rules of evidence and authorizes conviction
upon less or different testimony than the law required at the
time of the commission of the offense
o
Assumes to regulate civil rights and remedies only, but in
effect imposes a penalty or deprivation of a right for
something which when done was lawful
o
Deprives a person of some lawful protection to which he has
become entitled such as protection from a former conviction
or acquittal or a proclamation of amnesty

Increased penalty imposed by PD 818 for the crime of estafa does not
apply to estafa that was committed prior to its promulgation.
Bill of Attainder

Legislative act which inflicts punishment without trial

Its essence is the substitution of a legislative fiat for judicial termination

of guilt

Implement the principle of Separation of Powers

Forestalls legislative usurpation of judicial function

Sources of Criminal Law

RPC and its amendments

Special Laws which are penal in nature passed by the

o
Philippine Commission
o
Philippine Assembly
o
Philippine Legislature
o
National Assembly
o
Congress 1935 Constitution
o
Pres. Marcos during Martial Law
o
Interim Batasang Pambansa
o
Batasang Pambansa
o
Pres. Aquino during Revolutionary govt
o
Congress 1987 Constitution
Theories of penology

Classical/Juristic
o
Retributive and punitive
o
Every criminal has free will and knows the penal law

Punishment is standardized to the gravity and nature of the

offense
o
Man is a rational and calculating being who guides his actions
with reference to the principles of pleasure and pain
o
Thus, man refrains from criminal acts if threatened with
punishment
o
FEATURES

Man is a rational being endowed with reason and being

Reason knows what is right and wrong

Free Will free to do or not to do a particular act

If he does an act knowing it to be wrong and having the

freedom to do it responsible for his wrongful act and
its necessary consequences

Crime committed own choice

Punishment direct proportion to the crime committed

(An eye for an eye, a tooth for a tooth)

Purpose retribution or vengeance

o
Examples

Aggravating circumstances in the crime under Art. 14 of

RPC increasing the penalty to the maximum period
generic aggravating circumstances

Aggravating circumstances in the crime under Art. 14 of

RPC changing the felony to a more serious crime
qualifying aggravating circumstances

RPC provisions providing capital penalty on heinous

crimes
Positivist or realistic theory
o
Views crime as a social phenomenon
o
Lays stress on the criminal or the actor
o
Man is subdued occasionally by a strange and morbid
phenomenon that constrains him to do wrong
o
Reformative and preventive
o
Advocates individual punishment
o
Criminal is considered as a sick person who need not be
punished but must be cured
o
FEATURES

Man is a moral being. By nature he is good

He is sometimes subdued by a morbid and social

phenomenon that predisposes him to commit a crime.
The commission is not of mans free choice

Emphasis Man as a human being and not man as a

criminal

Purpose Reformation or correction of the accused

o

He is not to be treated as a criminal to be punished but

as a sick member of society who must be reformed and
corrected.

Examples

Indeterminate Sentence Law

The Probation Law of 1976 or PD 968 as amended by

PD 1257 and BR 76 and PD 1990

JJWA

Justifying Circumstances under Art. 11

Exempting Circumstances under Art. 12

Repeal of a Penal Law

Kinds
Absolute

Effect of obliterating the offense from the statue books

Act is decriminalized

Court loses jurisdiction

Kinds
o
Express

Expressly repeals a prior law in absolute terms

A persons conduct formally denounced as a crime

is no longer deemed criminal

Cannot be convicted since offense no longer

exists
o
Implied

Repealing law entirely fails to penalize the acts

which constituted the offense defined and
penalized in the repealed law

Deprivation of the courts jurisdiction to try, convict

and sentence those charged with violations of the
old law prior to the repeal

Examples
o
Anti-Subversion Act

Effect of express or implied absolute repeal

o

Pending in court

Service of sentence

Not yet filed

Dismissed since the

court
loses
jurisdiction in view of
obliteration
from
statute books
Released
for
the
same reason
Can no longer be filed

People vs. Monton

o
Monton Barrio Captain found with firearm without a license. RAC did
not exempt barrio captains from securing a license
o
Barangay Capt. not liable for the crime of illegal possession of firearm.
o
Under LGC punong barangay shall be entitled to possess and carry the
necessary firearms
o
New law repeals existing law

Partial

Effects of partial repeal

Repealing law penalizes the same
act punished by the repealed law
Same act is punished by repealing
and the repealed law
Penalty in the new law is lighter

Court retains authority to try and

sentence under the old law
Sentenced to the penalty in the new
law
Penal laws may be given retroactive
effect if favorable to the accused,
not a habitual delinquent and not
prohibit retroactivity
Heavier penalty cannot be imposed

New law penalty more burdensome

Example
o
RA 8294 lowering the penalty for manufacture, sale, acquisition,
disposition or possession of firearms or ammunition or
instruments used or intended to be used in manufacture of
firearms or ammunition rom reclusion temporal max period to
reclusion perpetua to prision correctional max period and a fine of
15K for low powered firearms and prision mayor min period and a
fine of 30K for high powered firearms
o
Other examples in book

Habitual Delinquent

If within a period of ten years from the date of his release or last conviction
of the crimes of robo, hurto, estafa, or falsification, he is found guilty of any
of said crimes a third time or oftener."
Self-Repeal

Law expires by its own terms and provisions

Effects
o
The same as though it has been repealed at the time of its
expiration
o
Deprivation of the courts of their jurisdiction to try, convict and
sentence persons charged with violations of the law prior to the
repeal
o
Same legal effect as absolute repeal

Example
o
Rent Control Law until Dec 31, 2008

Fundamental Characteristics of Criminal Law

1. General
2. Territorial
3. Prospective
General

Art. 14 NCC 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 PIL and treaty stipulations
Civil Courts jurisdiction unaffected by the military or other special character of the
accused

Exception
o
Service-connected tried by court-martial

President may direct before arraignment that it be tried

by civil courts
o
Limited to Art 54-70 and Art. 72-92 and Art 95-97 of
Commonwealth Act No. 408, as amended (Articles of War)
o
Court martial may take into consideration the penalty prescribed
by RPC
o
RA 7055 RTC cannot divest the General Court Martial of its
jurisdiction over those charged
o
Note crimes (p.20)
Prosecution for the same offense after he has been prosecuted in court martial places
him in double jeopardy

Court martial COURT bar to a second prosecution

Philippine Criminal Law
Exempt
Political interest

Sovereigns
Heads of State
Ambassadors
Ministers plenipotentiary
Ministers residents
Charges daffaires

Not Exempt
Commercial, mercantile or
interest only

Consuls

Vice consuls

Consular officials

business

Jurisdiction

Crimes committed within an embassy

Principle of PIL Extension of the state it represents

Not triable in the Philippines

Crimes committed on board a public or war vessel beyond the criminal jurisdiction of
the Philippines

Schooner Exchange vs. Mcfadden

o
containing exemption from jurisdiction of the sovereign within
whose territory she claims the rights of hospitality

Based on comity and convenience

Exceptions to the general and territorial character of the RPC
1. Treaties
2. Laws of preferential application
Treaties
1. RP-US Mutual Defense Treaty August 30, 1951

Purpose develop capability to resist an armed attack

Visiting Forces Agreement (VFA)

o
Instrument agreed upon to provide for the joint RP-US
military exercises
o
The fact that the VFA was not submitted for advice and
consent of the US Senate still a binding international
agreement or treaty recognized by said State
o
Status binding international agreement
Persons covered

United States Personnel

Military
o
Army
o
Navy
o
Marine Corps
o
Air Force
o
Coast Guard

Civilian
o
Neither nationals of or ordinary residents of the Philippines
and who are employed by or accompanying the US armed
forces

Red Cross

United Services Organization

Covers ALL offenses committed WITHIN the Philippines by US military

or civilian personnel

Exclusive
Concurrent

Exclusive jurisdiction of Philippine authorities

US personnel with respect to offenses relating to the security of the

Philippines, punishable under the laws of the Philippines but not under
the laws of the US

Exclusive jurisdiction of the US

Us personnel with respect to offenses relating to the security of the US,

punishable under US laws but not under the laws of the Philippines
Offenses relating to security

Treason

Sabotage

Espionage

Violation of any law relating to national defense

Concurrent Jurisdiction of the Philippines and US

When punishable by both the Philippine and US laws, the primary right
to exercise shall be subject to the following rules

Primary right Philippine authorities over all offenses committed by

US personnel

Except
i. Criminal and disciplinary jurisdiction conferred o US
military authorities by US military law over US
personnel in the Philippines
ii. Offenses relating to the security of the US punishable
under US Laws but not Under the Laws of the
Philippines
iii. When the case involves the following offenses US
primary right

Against property of the US

Against security of the US

Against the property of another US military

personnel

Against the person of another US personnel

Offenses arising out of any act or omission done in

the performance of official duty
Waiver of primary right to exercise concurrent jurisdiction

Authorities of either government may request the authorities of the

other government to waive their primary right

Grant by the Philippine Government of the US request for waiver

To maintain good order and discipline among their forces

Except
o
In cases of particular importance to the Philippines

Heinous crimes RA 7659

DDA

Anti-Child Abuse Law RA 7610

2.

Should commit any of the crimes against national security and the law of
nations

3.

Prospective

Only punish an act committed after its effectivity

Cannot penalize an act which was not punishable at the time of its
commission

Cannot be given retroactive effect unless it is favorable to the accused

who is not a habitual delinquent

Convention on the Privileges and Immunities of the Specialized Agencies of

the UN adopted by the UN General Assembly of November 21, 1947 and
concurred in the Philippine Senate under Resolution No. 21 dated May 17,
1949

Applies to the WHO

SC Ruled
o
Acting Assistant Director of Health Services assigned to the
Manila Regional Office of WHO is entitled to diplomatic
immunity pursuant to the Host Agreement

Diplomatic privilege

Immunities

Personal inviolability

Inviolability of the officials properties

Exemption from local jurisdiction

Exemption from taxation

Territorial

Only WITHIN the Philippines

Crime an offense against the dignity, authority and sovereignty of the

Philippines

Only the Philippines, as offended state, can punish the offender

Philippine Territory

Art. 1 1987 Philippine Constitution

Extra-territorial application of the RPC

Those who should commit an offense while on a Philippine ship or airship

Should forge or counterfeit any coin or currency note of the Philippine

Islands or obligations and securities issued by the Government of the
Philippine Islands

Should be liable for acts connected with the introduction into these islands
of the obligations and securities mentioned in the preceding number

While being public officers or employees should commit an offense in the

exercise of their functions

THE REVISED PENAL CODE

DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS
CODE
ART. 1 Time when it takes effect

Effective: January 1, 1932

Approved into law December 8, 1930

Took effect January 1, 1932

More than a year to take effect to enable the public and the members
of the bench and bar to become familiar with the provisions especially
the changes that it wrought on penal registration

Before RPC
o
Spanish Penal Code (Royal Decree of September 4, 1884)
o
The Penal Code (Published March 13 and 14, 1887 and took
effect four months thereafter or on July 14, 1887)

Administrative order no. 94 dated October 18, 1927

o
DOJ created a ommittee revising the existing Penal Code

Anacleto Diaz as chairman

Alex Reyes

Quintin Paredes

Mariano De Joya

Guillermo Guevarra
o
Took into consideration the following factors

Existing conditions

Special penal laws

Rulings of the SC
ART. 2 Application of its provisions

Emphasizes on the;
o
Territorial character of the RPC (Philippine archipelago, its
atmosphere, internal waters and maritime zone)
o
Specific instances where the code may be enforced even on
crimes committed outside the Philippine territorial jurisdiction

Effect of treaties and laws of preferential application on the code

Territorial and extra-territorial application is subject to treaties and laws of
preferential application

Examples of treaties
o
VFA
o
Host Agreement

Kinds of laws of preferential application

o
Those which are local in nature
o
Those based on established principles of public international law

Examples of laws of preferential application

o
Provisions of the 1987 Constitution

A. Art. VI Section 11 (Legislative Department) No

member shall be questioned nor be liable in any other
place for any speech or debate in the congress or in
any committee thereof

B. Art. XI Section 2 (Accountability of Public Officers)

P,VP, members of the SC, CC, Ombudsman may be
removed from office on impeachment for, and
conviction of, culpable violation of the constitution,
treason, bribery, graft and corruption, other high crimes
or betrayal of public trust. All other officers may be
removed from office as provided by law.
o
RA 75

Penalizes acts that would impair the proper observance

by the republic and inhabitants of the Philippines of the
immunities, right and privileges of the duly accredited
foreign diplomatic and consular agencies of the
Philippines

Those who shall falsely assume and take

upon himself to act as a diplomatic officer or
an official of a foreign government

Any person other than a diplomatic or

consular officer or attach who shall act in the
RP as an agent of a foreign government
without notification to or registration with the
SFA

Any person who with intent to deceive or

mislead, within the jurisdiction of the RP, wear
any naval, military, police or other official
uniform, decoration or regalia of any foreign
state, nation or government with which the
RP is at peace

Any writ or process sued out or prosecuted

by any person in any court of the RP by any
judge or justice where by the ambassador,
etc is arrested or imprisoned or his goods or
chattels distrained

Any person who assaults, strikes, wounds,

imprisons or in any other manner offers
violence to an ambassador, public minister,
etc

Applies under the principle of reciprocity

Examples of laws of preferential application based on principles of PIL
o
Diplomatic immunities of Sovereigns

Heads of State

Ambassadors

Ministers plenipotentiary

Ministers residents

Charges daffaires
o
Warships
o
Embassies

Persons against whom the RPC is enforced although the crime is committed outside
the Philippine Jurisdiction
1. Those who should commit an offense while on a Philippine ship or airship

Requisites

On board a private or merchant ship

Registered with the MARINA or CAA if airship

In international waters

Not applicable to warships extensions of respective states

Rules

French Nationality
1. Tried by courts to which the vessel belongs
except those which affect the tranquility of the
port or persons foreign to the crew

2.

3.

4.

5.

English Territoriality
1. Rule followed by the Philippines
Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands

Examples
o
Forgery of currency notes

Peso bills
o
Forgery of obligations

Lotto ticket
Should be liable for acts connected with the introduction into these islands
of the obligations and securities mentioned in the preceding number

Example
o
Shipping fake bills
o
While being public officers or employees should commit an offense in the
exercise of their functions

Example

Finance officer misappropriating funds to be used for

the renovation of the Philippine embassy abroad

Examples of felonies

Direct bribery

Indirect bribery

Malversation of public funds or property

Illegal use of public funds or property

Should commit any of the crimes against national security and the law of
nations

Examples of crimes against national security

Treason

Conspiracy and proposal to commit treason

Misprision of treason

Espionage

Examples of crimes against laws of nations

Piracy under the RPC triable anywhere

Genocide

Terrorism (Human Security Act or 2007 RA 9372)

FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Art. 3 Definition

Acts and omissions punishable by law are felonies

Felonies are committed not only by means of deceit (dolo) but also by
means of fault (culpa)
Deceit
o
When the act is performed with deliberate intent
Fault
o
When the wrongful act results from

Imprudence

Negligence

Lack of foresight

Lack of skill

Felonies

Act or omission punishable by the RPC

Offense

Act or omission punishable by Special Laws

o
Under JJWA

Act or omission punishable by a special law or

RPC
Infraction or misdemeanor

Act or omission punishable by a municipal or city ordinance

Crime

Generic term

Any violation of the RPC, Special Laws and Municipal or City

Ordinances
Elements of a felony

Act or omission

Punishable by the RPC

Voluntary
Voluntariness

Freedom
o
Without freedom a person is not criminally liable (compulsion
of irresistible force, impulse of uncontrollable fear of an equal
or greater injury)

Intelligence
o
Exempt

Insane/imbecile

Child 15 y/o or under or above 15 but below 18 at

the time of the commission of the offense unless
he acted with discernment

Intent
o
Exempt

Honest mistake of fact

Justifying circumstance

Accident

Malum in se vs. Malum prohibitum

Malum in se
Inherently wrong and essentially evil
RPC
HMF: defense
Criminal intent: essential element
GF: defense
Principles, accomplices, accessories
Stages of execution consummated,
frustrated, attempted
Penalties: degrees/periods
Mitigating, aggravating and alternative
circumstances

Malum prohibitum
Not inherently immoral but becomes so
because it is expressly forbidden by law
SL
HMF: X defense
Criminal Intent: X essential
GF: X defense
X apply except if provided for by the
special law
X stages
Penalties: specific in terms of y/m/d
unless provided for by the special law
X apply except if provided for by law

The use by a special penal law of a penalty designated under the RPC does not make
the act a felony or malum in se

Controlling factor is not the penalty prescribed but how the felony is defined
and described
Manner of committing felonies

Dolo

Culpa
Dolo

Deceit
Deceit

Performed with deliberate intent

Culpa

Felony is committed or the wrongful act results from imprudence,

negligence, lack of foresight, lack of skill
Act or omission

Any bodily movement tending to produce some effect in the external world

Mere criminal thoughts no criminal liability

Examples

Examples of felony by commission

o
Treason
o
Arbitrary detention
o
Murder
o
Rape
o
Kidnapping

Examples of felony by omission

o
Misprision of treason
o
Delay in the delivery of detained persons

Motive

o
Illegal Exaction
o
Refusal of assistance
o
Kidnapping and failure to return a minor
Examples of felony by dolo or deceit
o
Frauds against the public treasury
o
Malversation
o
Voluntary failure of a collection officer to issue official receipt
o
Estafa
o
Simple seduction
Examples of felony that may be committed by culpa
o
Judgment rendered through negligence
o
Unjust interlocutory order
o
Negligence and tolerance
o
Betrayal of trust of an attorney
Examples of malum prohibitum
o
Illegal possession of firearm
o
Omnibus election code
o
Revised forestry code
o
Dangerous drugs law
o
Illegal recruitment
o
Anti-Bouncing checks law
o
Anti-Fencing Law

Special or personal reason that may prompt or induce a person to perform

an act or commit a crime
Criminal Intent
Motive
Essential element of a felony
Not an element. Becomes material only
when there is doubt as to the identity of
the offender
Proven by the prosecution
Need not be proven by the prosecution

Actus non facit reum nisi mens sit rea

Act of a person does not make him criminal unless his mind is also criminal
o
Manzarinas vs. People

Not liable for infidelity in the custody of public

documents

Same was delivered for the purpose of effecting

administrative reconstitution
o
Relucio vs. CSC

Dismissal of Relucio was not proper on the basis of

falsification of documents undoubtedly in GF when
she claimed that her father was a WWII veteran

Misperception of fact on the part of the person who injures another

Negates malicious intent
Accused does not commit a felony
Ignorantia facti excusat
Elements
o
Act would have been lawful had the facts been as the accused
believed them to be
o
Intention was lawful
o
No fault or negligence
US vs. Ah Chong
o
Thought he was being attacked
US vs. Bautista
o
Resisted arrest
US vs. Bayambao
o
Murder of brother in law (black figure as if to strike him)
No honest mistake of fact when there is negligence or fault on the part of
the accuse
People vs. Oanis
o
Without making reasonable inquiry killed an innocent man in the
arrest of Balagtas
People vs. Apego
o
Stabbed brother in law
o
Exceeded her right of defense
Illegal possession of firearms is malum prohibitum
o
Exceptions

Cuenca vs. People

Employee

People vs. Landicho

Authorized by mayor to collect loose firearms

Relaxation of the doctrine of animus

posidendi

Temporary and incidental

People vs. Mallari

Authorities were notified

Art. 4 Criminal Liability shall be incurred by

1. Any person committing a felony although the wrongful act done be different
from that which he intended
2. By any person performing 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

Honest Mistake of Fact

10

Any person committing a felony although the wrongful act done be different from that
which he intended

Requirements
o
Committing a felony
o
Felony must be intentional

Cannot apply if negligent, careless, lack of foresight,

lack of skill
o
The felony should be the proximate cause of the resulting injury

Relationship of cause and effect between the felony

committed and the result thereof
Proximate Cause

That cause which in the ordinary and continuous sequence of events,

unbroken by any efficient intervening cause, produces the injury and without
which the injury would not have occurred

People vs. Cagoco

o
Fist blow to the head

People vs. Dalag

o
Death of wife caused by relentless beating

People vs. Vagallon

o
Death of bystander hit by a lance that he threw at his enemy

US vs. Brobst
o
Powerful blow on left side of discharged employee who later died

People vs. Martin

o
Strangulation of wife accelerated her death due to a heart ailment

People vs. Piamonte

o
Still liable for robbery with homicide when the proximate cause of
death is the stab wound that he inflicted although the immediate
cause of death is mucuous colitis arising from weakened
condition of the victim

People vs. Itlanas

o
Death of a bystander killed by a stray bullet coming from his
firearm

People vs. Opero

o
Death of a victim who died due to asphyxiation by suffocation by
stuffing pandesal into her mouth

People vs. Sitchon

o
Death of a victim is the mortal wounds inflicted bby the mauling
and clubbing on different parts of the body of a 2 year old

US vs. Rodriguez
o
Blow of accused hastened or accelerated the death of victim
already suffering an internal malady

People vs. Quianzon

o
Victim removed drainage of the wound du to physical pain

People vs. Reloj

o
Death due to paralysis of ileum contracted when internal organs
of the victim where exposed during surgical operation

Accused is also criminally liable in the following instances

Abberatio ictus or mistake in the blow

Error in personae or mistake in the identity of the victim

Praeter intentionem or lack of intent to commit so grave a wrong as that

committed
Abberatio ictus or mistake in the blow

Example
o
Fired at A but hit B
Error in personae or mistake in identity of the victim

Example
o
People vs. Oanis

Not a defense
Praeter intentionem or lack of intent to commit so grave a wrong as that committed

Example
o
Hit wife with piece of wood until the wife started complaining of
chest pains. Wife died despite efforts of husband to alleviate her
pains.
Effect of refusal of victim to submit to medical treatment

Victim not obliged to submit to a surgical operation

Effect of intervening disease
Intervening disease is associated with Liable for death
the wound inflicted and victim died
Wound not efficient to cause death but Not liable for death but only to extent of
died due to a totally unrelated disease
wounds inflicted
Mortal wound but victim died due to a Liable for death
sickness or disease neither associated
nor related to the wound
Presumption of death as a natural consequence if the injury

When a person of normal health, physical injuries are caused from which
death may be expected and death ensues within a reasonable time, it shall
be presumed that it is the natural consequence and result of the injuries
inflicted upon the deceased
Erroneous or unskillful medical treatment will not relieve the accused from liability for
the death of the accused if injury is mortal

11

Except
o

o
Non-mortal wound and the victim died due to unskillful or
incompetent medical treatment then accused is not liable

Example of efficient intervening cause

Urbano vs. IAC

o
Deceased himself interrupted the ordinary, normal and continuous
process of healing by voluntary going to his tobacco farm in order
to work by reason of which his wound was infected resulting into
tetanus which caused his death
Art. 4 (1) in relation to suicide

Does not apply to suicide

No provision in the RPC that punishes suicide not a felony

Example
o
Jumped off a building and fell on pedestrian who dies

Liable for death by reason of criminal negligence arising

from failure to observe the standard of care required by
the circumstances of the place, time and persons.

o
o
o
Penalty

The act would have constituted an offense against persons or

property
With evil intent
Inherently impossible or the means employed is either inadequate
or ineffectual
Act performed should not constitute a violation of the RPC

Art. 59 RPC
Arresto mayor or a fine of 200-500 pesos
Why penalty?
o
Objectively no crime
o
Subjectively accused is a criminal
o
Punishment for criminal tendency and propensity

Felonies against persons

Parricide

Murder

Homicide

Infanticide

Abortion

Physical Injuries
Felonies against property

Robbery

Brigandage

Theft

Occupation of real property

Swindling

Culpable insolvency

Brigandage

Malicious mischief

By any person performing 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
Impossible Crime

Crime which would have constituted an offense against persons or property,

were it not for the inherent impossibility of its accomplishment or on account
of the employment of adequate or ineffective means

Requisites

Impossibility of accomplishment

Inherent nature of the act or

o
Physical or factual impossibility
o
Legal impossibility of accomplishment

Employment of adequate or ineffectual means

Factual impossibility

Extraneous circumstances unknown to the actor or beyond his control

prevent the consummation of the intended crime

Example

12

o
Putting hands inside coat pocket to steal but pocket is empty
Intod vs. CA
o
Firing at room when no one was inside
o
If attempted murder instead would render useless Art. 4
Jacinto vs. People
o
Unlawfully taking a check meant for someone else with intent to
gain or be unjustly enriched but the check bounced

Legal impossibility

Occurs when the intended acts, even if completed would not amount to a
crime

Requisites
o
Motive, desire, and expectation is to perform an act in violation of
the law
o
There is intention to perform the physical act
o
The performance of such act
o
The consequence does not amount to a crime

Example
o
Killing a person who is already dead
o
Taking a cellphone without anothers consent but turned out to be
his own cellphone
Inadequate means

Example
o
Intent to poison, putting in soup arsenic but turns out to be
common salt
o
Murdering a person who is already dead
Art. 5 Duty of the court in connection with acts which should be repressed but
which are not covered by law, and in cases of excessive penalties -Acts, which should be repressed

Whenever a court has knowledge of any act

Which it may deem proper to repress

Not punishable by law

It shall render the proper decision and

Report to the Chief Executive through DOJ

o
Through the Department of Justice
o
The reasons, which induce the court to believe that the said act
should be made subject of penal legislation.
Clearly excessive penalties

Submit to the Chief Executive

o
o
o
o
o

Through the DOJ

Statement as may be deemed proper
Without suspending the execution of the sentence
When strict enforcement of the provisions of this code would
result in the imposition of clearly excessive penalty
Taking into consideration the

Degree of malice and

Injury caused by the offense

Two scenarios
1. After trial the court finds that the accused committed the act but there is no
law punishing it
a. Acquit
b. File report
c. Nullum crimen, nulla poena sine lege
2. After trial the court finds that the accused is guilty of the crime charged but
the penalty prescribed by law is clearly excessive
a. Apply the RPC
b. Recommend to the Chief Executive through the DOJ the reasons
why the accused should be granted executive clemency
c. Dura lex sed lex
d. People vs. Gutierez
i. Kidnapping and failure to return a minor
ii. Reclusion perpetua
e. People vs. Orifon
i. Accused killed her father who raped her and got her
pregnant
ii. Cadena Perpetua
f.
People vs. Canja
i. Suddenly awoke when a man was strangling her
ii. Two blows of wood on the face
iii. The man was her husband
Lower courts have the duty to apply the law as interpreted by the SC

People vs. Santos

o
Against lower courts judge reasoning

State opinion on the matter BUT

Must apply the law as interpreted by the SC

Deviation unnecessary inconveniences, delays and

expenses to litigants
Art. 6 Consummated, frustrated and attempted felonies.
Consummated felonies, as well as those which are frustrated and tempted, are
punishable

13

Consummated

When all the elements necessary for its execution and accomplishment are
present
Frustrated

When the offender performs all the acts of execution which would produce
the felony but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator

Estafa

Attempted

When the offender commences the commission of the felony directly by

overt acts, and does not perform all the acts of execution which would
produce the felony by reason of some cause or accident other than his own
spontaneous desistance
Indeterminate state

State where the purpose of the overt acts committed by the accused is
uncertain or indefinite

May or may not be for a criminal purpose

Example
o
Middle of the night accused placed a ladder against the concrete
perimeter fence of a homeowner and was arrested

If established that the purpose was to rob attempted

robbery

blankets and soaked

them in gasoline and
scattered throughout
but Chief of Police
intervened

sacks
and
rags
soaked with kerosene

Fraudulently
assuming authority to
demand fees for the
BOF demanded and
tried to collect a
certain amount but
the
complainant
could not pay the fee

Salesman received
P7.50 from a buyer
but didnt give it to
the
cashier
until
deceit
was
discovered

Theft

Accused opened car

to steal a laptop
inside
but
was
apprehended before
he could get inside

Objective phase

Passed the subjective phase

Frustrated or consummated

Robbery
Frustrated
Set fire to some jute

No frustrated theft
*The
presumed
inability
of
the
offenders to freely
dispose of the stolen
property does not
negate the fact that
the owners have
already
been
deprived of their right
to possession
Exception
People vs. Dino and
People vs. Flores

Desistance in attempted stage No attempt

Because of fear or remorse cease to continue

Pardon which the law grants to voluntary repentance

Attempted
Gathering rags, cloth,

*Crime not realized

because of timely
discovery
*No
damage
or
prejudice to the store

Subjective phase

From the first act committed by the offender to begin the commission of the
crime up to the last act over which he has control

Attempted stage

Crime
Arson

*No integral part of

the building burned

Consummated
Set fire to the roof of

Accused entered the

dwelling house or
another by cutting off
and forcibly breaking

Made an opening
through the floor to
steal sugar but was
caught in the act of

the house
*Portion
of
the
building
burned
regardless of the part
or
whether
extinguished
Manager of insurance
company deliberately
concealed from a
client the suspension
od the companies
license to conduct
insurance business
and signed a policy
and
received
premiums
*There was fraud and
deceit and damage
and or prejudice
Accused
removed
nine
pieces
of
hospital linen from a
supply depot and
loaded them unto a
truck
which
was
discovered
in
a
checkpoint
*Momentary
possession sufficient
to consummate the
crime.
*Opportunity
to
dispose
is
not
necessary
*it is enough that
there is asportacion
or unlawful taking
Thrust
knife
on
woman in the street
demanding to turn
over her cellphone,

14

open the wire screen

but police intervened

taking it out

wallet and watch,

which she did

Rape

*Completed taking
brought within the
dominion and control
of the defendant

Murder,
homicide,
infanticide,
paricide

Stabbed victim on
chest
twice
with
intent to kill but
wounds not fatal
enough to cause
death
*Wounds not enough
to produce death
*No
wound
but
offender commenced
commission of the
crime by overt acts
Accused shot an
escaping victim who
ran and was not hit

There was intent to

kill and infliction of
mortal wounds but
did not result to death
of the victim due to
timely
medical
attendance
*There
must
be
medical testimony or
else
may
be
attempted only
*Belief that he killed
the
victim
is
immaterial.
*Gravity
wounds
controls

of
is

the
what

No frustrated rape
*Nature and elements
and the manner od
execution, it is hardly
conceivable how the
frustrated stage in
rape can ever be
committed

*Unlawful taking otr

asportacion taking
of personal property
without consent and
intent to return or
animus revertendi

*No opportunity to
dispose not a
defense
Victim dies

No penetration of the
female organ

Any penetration of
the female organ is
sufficient
Full
or
partial
penetration no matter
how slight

Exception
People vs. Erina
Slight inflammation of
the exterior parts of
the vagina

Formula for Murder, Homicide, Infanticide, Parricide

Attempted
Frustrated
w/ Wound
MW + IK - D
NMW + IK - D

Consummated
OA + D
*If a person dies intent to
kill is presumed

w/o Wound
OA + IK - D
Physical Injuries vs. M,H,I,P
PI
No intent to kill
Gravity or extent of wounds determine
whether serious, less serious or slight

M,H,I,P
Intent to kill present
NMW or MW will determine whether it is
attempted or frustrated

Intent to kill

Clear and convincing evidence

Indicia
o
Motive
o
Nature of weapons
o
Number of weapons
o
Nature od wounds
o
Number of wounds
o
Manner of commission of crime
o
Words uttered when inflicted

15

Act of lasciviousness
No penetration
No intent to have sexual intercourse

Attempted rape
No penetration
With intent to have intercourse

*Raising of the skirt, throwing to the

ground, attempting to mount, pulling
pants/panty down
People vs. Abanilla

Content with rubbing penis

against complainant without
inserting it into her privates
May a woman who is a victim of consummated rape remain to be a virgin?

Yes. Rape is consummated by penetration no matter how slight

Art. 7. When light felonies are punishable

Light felonies are punishable only when they have been consummated

Exception: those committed against persons or property

Light felony

Infraction of law

Arresto menor or a fine not exceeding P200 or both

Only principals and accomplices are criminally liable

Why punishable only when consummated

Light, insignificant moral or material injury

So slight no need for providing a penalty at all

Attempted or frustrated stage

Not punishable
o
Except: Against persons or property
Art. 8 Conspiracy and proposal to commit felony

Punishable
o
Only in cases in which the law specially provides a penalty
therefore
Conspiracy

When two or more persons come to an agreement concerning the

commission of a felony and decide to commit it
Proposal

When the person who has decided to commit a felony proposes its
execution to some other person or persons
Mere conspiracy punishable
RPC
Treason
Rebellion
Sedition
Coup detat
Combinations and monopolies in restraint
of trade

Special Laws
CDDA
Terrorism
Arson

Punishable proposals

Treason

Rebellion

16


Coup detat
Why conspiracy is generally not a crime

Reprehensible act but as long as the conspirators do not perform overt acts,
then the sovereignty of the state is not outraged and

The tranquility of the public remains undisturbed

Elements of a conspiracy

Agreement

Decision to commit

Overt acts
o
Though different, separate, and independent of each other,
indicate closeness, coordination or personal association as to
show a

Concerted action

Common criminal design

Community of criminal purpose or joint criminal object

Effect of conspiracy on criminal liability of the accused

Equally criminally liable

Act of one act of all

Enough that the acts although separate and distinct from one another, must
indicate a personal association, close relation or connection with each other,
so as to show a concerted action, community of criminal purpose and a joint
criminal design or objective
Mere presence at the scene of the crime does not make one a conspirator. But if his
presence at the at the situs criminis is to provide moral support and reinforce the
aggression, then he may be liable as a conspirator

Example
o
Standing by with a gun to prevent other people to help
Implied conspiracy

Conspiracy may be implied from the

o
Acts committed, words, remarks or language by the accused
before, during or after the commission of the crime

Although different, must show closeness, coordination

and personal association with one another so as to
point to, concerted action, common design, community
or criminal purpose and joint criminal objective

Same purpose and were united in its execution

Example

Doesnt matter who fired the gun as long as

theres conspiracy

In the absence of conspiracy, the accused shall be liable individually and only up to
the extent of his participation in the commission of the crime
Proof beyond reasonable doubt is needed to prove the existence of conspiracy

Like any other element, the evidence of conspiracy must be clear and
convincing

Cannot be presumed
The mere act of accompanying the accused does not make one a conspirator

People vs. Varroga

o
Stabbing taxi driver demanding for earnings and threatening
companion to also stab the driver. The companion ran away.

People vs. Agda

o
Companion stabbed the person standing nearby
Mere presence at the scene of the crime to shout to kill do not show conspiracy.
Accused is liable as an accomplice

People vs. Rafael

o
Father and two sons barging in the house with the father shouting
and the sons going on a hacking spree
In case of doubt, the accused shall be held liable only as an accomplice but not as a
conspirator

People vs. Santiago

o
Mini cruiser hit a motorcycle with three people and motorcycle
driver shot the minivan driver.
Note: If in a robbery, the driver of the van carrying the robbers instead took a taxi to go
to the hospital where his son was confine, he is NOT liable for conspiracy since there
was NO OVERT ACT on his part for the accomplishment of the crime.
Art. 9. Grave felonies, less grave felonies and light felonies
Grave felonies

Those, which the law attached the capital punishment or penalites, which in
any of their periods are afflictive, in accordance with Art. 25 of this code
Less grave felonies

Those, which the law punishes with penalties, which in their maximum
period are correctional, in accordance with the above mentioned article.
Light felonies

Those infractions of law the commission of which the penalty of arresto

menor or a fine not exceeding 200 pesos or both is provided.

17

Grave felony

Reclusion perpetua

Reclusion temporal

Perpetual or temporary absolute disqualification

Perpetual or temporary special disqualification

Prision mayor
Less grave felonies

Prision correccional

Arresto mayor

Suspension

Destierro

Legal period of duration of penalties

Legal duration of the periods of divisible penalties under the RPC do not apply to
special penal laws
RPC

Affected by the ordinary mitigating, generic aggravating and alternative

circumstances provided by Art. 13, 14, 15.

Special penal laws

Not divided into periods

Specified by the number of days, months and years

No room for application of the legal effects of ordinary mitigating, generic

aggravating and alternative circumstances

Light felonies

Arresto menor

Public censure
Art. 10 Offenses not subject to the provisions of this code

Offenses, which are or in the future may be punishable under special laws
are not subject to the provisions of this code.

This code shall be supplementary to such laws, unless the latter should
specially provide.
General Rule

Offenses under special laws are not subject to the provisions of the RPC

RPC supplementary only to special laws unless the latter provides the
contrary
Provisions of the RPC given supplementary effect to violations of special penal laws

Conspiracy in violation of B.P. 22

Principals, Accomplices, Accessories in violation of the Migrant Workers Act

Article 22 to violations of the Election Law

Subsidiary imprisonment in violation of B.P. 22

Article 45 confiscation and forfeiture of the subject, effect and instruments of

the crime was applied to the violation of the Opium Law

Art. 100 of the RPC which provides that a person criminally liable shall also
be criminally liable
Provisions, which do NOT apply to violations of special penal laws

Mitigating, aggravating and alternative circumstance

Rules in fixing the minimum, medium, maximum period of a given penalty

Graduated scale of penalties under the RPC

JUSTIFYING CIRCUMSTANCES AND

CRIMINAL LIABILITY

CIRCUMSTANCES,

WHICH

EXEMPT

Art. 11 The following do not incur any criminal liability

1.

2.

3.

4.

Anyone who acts in DEFENSE of HIS person or rights, provided that the
following circumstances concur:
a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel
it
c. Lack of sufficient provocation on the part of the person defending
himself
Anyone who acts in DEFENSE of the person or rights of his S, A, D or
legitimate, natural or adopted B or S or of his relatives by affinity in the same
degree, provided that the first and second requisites prescribed in the next
proceeding circumstance are present, and the further requisite, in case of
provocation was give by the person attacked, that the one making the
defense had no part therein
Anyone who acts in DEFENSE of the person or rights of a STRANGER
provided that the first and second requisites mentioned in the first
circumstance of this article are present and that the person defending be not
induced by revenge, resentment or evil motive
Any person who in order to AVOID AN EVIL OR INJURY, does an act which
causes damage to another, provided that the following requisites are
present
a. That the evil sought to be avoided actually exists

18

b.
c.

5.
6.

That the injury feared be greater than that done to avoid it

That there be no other practical and less harmful means of
preventing it
Any person who acts in the fulfillment of a DUTY or in a lawful exercise of a
RIGHT or OFFICE
Any person who acts in obedience to an ORDER issued by a superior for
some lawful purpose

Justifying Circumstance

Relieves the accused of his criminal and civil liabilities

o
Except

Avoidance of injury

No criminal liability but there is civil liability which shall

be shouldered y the persons benefitted in proportion to
the benefit received

No criminal intent no crime and no criminal

Prosecution has the legal duty to prove guilt of the accused beyond reasonable doubt

Rely on the strength of his own evidence and not on the weakness of the
defense

If not proven acquittal

However the rule changes when the accused invokes justifying circumstances

Burden is shifted to the defense to prove by clear and convincing evidence

the justifying circumstance that he is relying on as his defense

The defense of justifying circumstance cures whatever weakness the

evidence of the for the prosecution may have
Reasons why the accused must first admit the act complained of before he can invoke
justifying circumstance

Must first admit the act because he cannot deny the act and then claim in
his defense that he committed the act but did so under a justifying
circumstance
Anyone who acts in DEFENSE of HIS person or rights, provided that the following
circumstances concur:
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. Lack of sufficient provocation on the part of the person defending himself
Rationale

Justification on mans instinct to protect, repel and save his person or rights
from impending danger or peril

Impulse of self-preservation

Requisites
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. Lack of sufficient provocation on the part of the person defending himself
Scope

Defense of ones
o
Life
o
Person
o
Honor
o
Property
o
Rights

Use of reasonable force to prevent an invasion or usurpation of ones property under

the doctrine of self-help provided by Art. 429 of the NCC

The owner or lawful possessor has the right to exclude any person from the
enjoyment and disposal thereof

He may use such force as may be reasonably necessary to repel or prevent

an actual or threatened unlawful physical invasion or usurpation of his
property
An attack against the property must be coupled with an attack against ones person
that will imperil his own life and limb

Shot man carrying bundle on his shoulder believing it to be his palay.

Shouted for the man to stop. The man didnt. So he shot him

Defense of property is not as important as the right to life

Must be couples with attack on the person in possession of such property

Unlawful aggression

Sudden, unprovoked, and unlawful attack which places a persons life and
limb in danger, which is actual, real or imminent

Example
o
Act of a person armed with a bladed weapon pursuing another

Time when it UA must be present

o
Must be a continuing circumstance or must have been existing at
the time the defense is made
Imminent danger to ones life and limb

The reasonable necessity of the means employed to repel and prevent the
attack depends upon the imminent danger or injury, not the hard actually
done to the accused.
Mere imaginary, speculative or fanciful danger does not constitute unlawful aggression

Aggression must be real and not just imaginary

19

Necessary that an attack or material aggression, an offensive act positively

determining the intent of the aggressor to cause the injury shall have been
made

Slap on the face constitutes unlawful aggression

It is a physical assault coupled with willful disregard to ones personality

In UA, the act of the deceased should be positively strong as to indicate his wrongful
intent and not merely a threatening attitude
There is no more right to kill the victim when the aggression has ceased. If the
aggressor was still is wounded or killed, it is no longer defense, rather it is retaliation

Example
o
The aggressor was already disabled or disarmed
o
The aggressor already ran away
o
The aggressor flees
o
Except

Fled to a more advantageous position or to take higher

ground aggression is still continuing

Why?
o
No more danger to the life or limb of the accused
No self-defense when there is no aggression in the second stage of the flight

Example
o
When the accused pursued the already wounded aggressor who
fled (two stages)
Unlawful aggression continues when the deceased uses another weapon after his first
weapon was wrestled by the accused from him
Unlawful aggression must come from the person who was attacked by the accused

Must come directly or indirectly from the person who subsequently attacked
the accused

When author of the aggression is unknown

o
Such element of self defense cannot be considered present
Agreement to flight

Cannot invoke self defense

UA becomes merely an incident in the fight which is bound to arise from one
or the other combatant

Immaterial who attacks or receives the wound first

Aggression before the stipulated time or place is unlawful

Contrary to all sense of loyalty and fair play

A person who voluntarily joins a fight cannot claim self defense because there is no
unlawful aggression

One who agrees to engage in a fight cannot plead self-defense because

there is no unlawful aggression
Defense of ones honor

Stabbed assailant trying to have carnal knowledge with her with the bolo the
married woman carried
Paramour caught in adultery with wife cannot invoke self-defense. Deceased husband
had the right to defend his honor
Defense of ones home, wife, children

Man screaming/bolo thrusts in wall of coconut palm trees in his home

Mere act of drawing a gun does not constitute unlawful aggression, unless it is pointed
to a target

Not put in real peril the life or personal property or safety of the accused

There must be an actual, sudden and unexpected attack or imminent

danger not merely a threatening or intimidating attitude

Exceptions
o
If pointed at target

Note: Nacnac vs. People

o
Warning shot of superior was unheeded, as he reached for his
gun he was shot by his superior
o
As a police officer he was trained to shoot quickly and accurately
Reasonable necessity to prevent or repel the aggression
Reasonable means

Not need to be MATERIALLY COMMENSURABILITY

Sufficient that there is EQUIVALENCE

Factors
o
Presence of IMMINENT DANGER
o
INSTINCT, more than reason
o
NATURE and quality of the weapon
o
EMERGENCY exposed to
o
SIZE and physical character of the aggressor
Duty of a police officer to stand ground and not to give him opponent an opportunity
for a fair and equal struggle
The nature, number, location and extent of the wounds of the deceased may belie the
claim of self-defense

20

Other physical evidence may belie claim of self-defense

Gun still tucked in waistband

Victim was not armed

Disparity of injuries suffered

Was not in a position to put up any kind of defense

Lack of sufficient provocation of the part of the person defending himself
Sufficient

Adequate to steer one to its commission

Provocation

Any unjust, improper conduct or act of the offended party capable of

exciting, inciting or irritating anyone
Sufficient provocation must not come from the person defending himself

Provoking an imaginary commission of a wrong in the mind of her husband

is not sufficient provocation
o
Wife caroling to earn some money for their child was strangled by
her husband. Grabbed weapon within her reach
Mere uttering of words if you do not agree, beware, does not constitute sufficient
provocation
Covering the movie screen while the viewer is watching does not constitute sufficient
provocation
Retreat to the wall doctrine

Retreat as far as he can before he is justified in meeting force with force

No longer followed
Stand ground when in the right

A true man who is without fault, is not obliged to fly from an assailant, who
by violence or surprise, maliciously seeks to take his life or do him
enormous bodily harm
Admission that he killed the deceased is only an admission of fact not an admission of
guilt

He does not lose the constitutional presumption of innocence because he

may still prove the elements of self defense

Admission of guilt
o
Loses his presumption of innocence
o
Court may render judgment of conviction based on such
admission

VAWC
Violence against women and their children

Any act or series of acts committed by any person against a woman who is
o
His wife
o
Former wife
o
With whom the person has had a sexual or dating relationship
o
With whom he has a common child
o
Against her child whether legitimate or illegitimate within or
without the family abode which is likely to result in

Physical

Sexual

Psychological harm or suffering

Economic abuse such as

Battery

Assault

Coercion

Harassment

Arbitrary deprivation of liberty

o
It includes but is not limited to

Physical violence

Bodily or physical harassment,

Sexual violence

Rape,
sexual
harassment,
acts
of
lasciviousness

Causing or attempting o cause the woman to

engage in sexual activity

Prostitution

Psychological violence

Mental or motional suffering

Economical abuse

Make a woman financially dependent

21

Battery

Act of inflicting physical harm upon the woman or her child

Battered Woman Syndrome

Pattern of psychological and behavioral symptoms found in women living in

battering relationships

Four characteristics
o
Believes that the violence was her fault
o
Inability to place the responsibility elsewhere
o
Fears for her life and her childrens lives
o
Irrational belief that the abuser is omnipresent and omniscient
Dating relationship

Situation wherein the parties live as husband and wife without the benefit of
marriage or

Romantically involved overtime

Not a casual acquaintance or ordinary socialization

Sexual relationship

Single sexual act which may or may not result to the bearing of a common
child
Children

Below 18 years or

Older but are incapable of taking care of themselves

Venue

RTC designated as Family Court shall have original and exclusive

jurisdiction over cases of violence
If none
o
RTC where the crime or any of its elements was committed at the
option of the complainant

Protection Orders

An order issued for the purpose of preventing further acts of violence

against a woman or her child

Application verified under oath

Independent action or incidental relief

May be
o
Barangay Protection Order

Effective for 15 days

Ex parte
o
Temporary Protection Order

Effective for 30 days

Ex parte
Permanent Protection Order

After notice and hearing

If unable to issue within 1 day, may continuously extend

or renew the TPO for a period of 30 days

Violation
o
Contempt of court
Who may file

Offended party

Parents or guardians

Ascendants, descendants, collateral relatives within the fourth civil degree

DSWD or social workers or LGUs

Police officers

Punong Barangay, Barangay Kagawad

Lawyer, counselor, therapist, healthcare provider

At least 2 concerned responsible citizens of the city or municipality where

the violence against women and their children occurred
Battered Woman Syndrome as a Defense

Not incur any criminal or civil liability notwithstanding the absence of any of
the elements for justifying circumstances of self-defense under the RPC

Assisted by psychiatrists/psychologists
Battered woman

A woman who is repeatedly subjected to any forceful physical or

psychological behavior by a man in order to coerce her to do something he
wants her to do without concern for her rights

Must go through the battering cycle at least twice

Prohibited Defense

Alcohol

Illicit drug

Other mind altering substance

People vs. Genosa

Four characteristics
o
Believes that the violence was her fault
o
Inability to place the responsibility elsewhere
o
Fears for her life and her childrens lives
o
Irrational belief that the abuser is omnipresent and omniscient

Cycle of violence
o
Tension building

Minor battering occurs

22

o
o

Acute battering incident

Brutality, destructiveness and sometimes, death

Tranquil period

Profound relief of the couple

Anyone who acts in DEFENSE of the person or rights of his S, A, D or legitimate,

natural or adopted B or S or of his relatives by affinity in the same degree, provided
that the first and second requisites prescribed in the next proceeding circumstance are
present, and the further requisite, in case of provocation was give by the person
attacked, that the one making the defense had no part therein.
Requisites

Unlawful aggression

Reasonable necessity of the means employed to prevent or repel it

In case provocation was given by the person attacked, the person defending
has no part therein
There should be unlawful aggression

People vs. Aganipay

o
Injurious words or threats does not constitute unlawful aggression

Must establish by clear and convincing evidence the presence of all the
requisites
Reasonable necessity of the means employed to prevent or repel the aggression

Same as in self defense

Lack of provocation on the part of the person defending

Olbinar vs CA
o
Wife used a bolo against attackers on prostate husband
Relative who may be defended:

Spouse

Ascendants

Descendants

Legitimate, natural or adopted brothers or sisters

Relatives by affinity within the same degrees

Relatives by consanguinity within the fourth civil degree

Spouse

Lawful or legitimate spouse

Even if there is legal flaw as long as no judicial declaration of nullity of the
marriage
Includes those legally separated

Ascendants

Relatives by blood in the direct ascending line

Descendants

Relatives by blood in the direct descending line

Legitimate, natural or adopted brother or sister

Legitimate share the same father or mother such as by a lawful marriage

Natural share parents who are not lawfully married

Adopted judicial adoption

Relatives by affinity within the same degrees

Related by reason of marriage

Relatives by consanguinity within the fourth civil degree

Parents

Grandparents

Uncle or aunt

First cousins
Note: Cases in book
Anyone who acts in DEFENSE of the person or rights of a STRANGER provided that
the first and second requisites mentioned in the first circumstance of this article are
present and that the person defending be not induced by revenge, resentment or evil
motive
Requisites

Unlawful aggression

Reasonable necessity of the means employed to prevent or repel it

The person defending be not induced by revenge, resentment or other evil

motive
Stranger

Not included in the term relatives

Concept of unlawful aggression and reasonable necessity of the means employed to
prevent or repel it the same as in self-defense
The person defending be not induced by revenge, resentment or other evil motive

Note: cases in book

23

Any person who in order to AVOID AN EVIL OR INJURY, does an act which causes
damage to another, provided that the following requisites are present

That the evil sought to be avoided actually exists

That the injury feared be greater than that done to avoid it

That there be no other practical and less harmful means of preventing it

Requisites

The evil sought to be avoided actually exists

Injury feared be greater than that done to avoid it

No other practical and less harmful means of preventing it

The evil or injury sought to be avoided must not be caused by the

negligence or imprudence of the accused, nor must it be the result of any
violation of the law
Thrusting an umbrella which hit the husbands eye to prevent her sons head from
being crushed by the door is justified
Any person who acts in the fulfillment of a DUTY or in a lawful exercise of a RIGHT or
OFFICE
Requisites

In the performance of a duty or in the lawful exercise of a right or office

The injury caused or the offense committed was a necessary consequence

of such lawful exercise

The fulfillment of a duty or the lawful exercise of such right or office must be
done within the limits of the law. There should be no imprudence, neglect or
abuse in the fulfillment of duty or exercise of such right or office
Only absolute necessity can authorize a prison guard to fire a gun against escaping
prisoners

People vs. Lagata

o
Not justified in shooting prisoner trying to escape when asked to
gather gabi
Performance of duty does not include murder

That the accused is a trouble maker in town is not an excuse

Any person who acts in obedience to an order issued by a superior for some lawful
purpose

Requisites
o
Order must be lawful
o
From a superior
o
For a lawful purpose

Obedience to an illegal order of a superior is not justifying

Order to falsify documents is illegal

Both persons must act within the limitations prescribed by law

Order to torture a civilian is illegal

People vs. Margen

o
Fuckers beat up and forced a man to eat raw fish who traded the
fish for their consumption for kamote for his children. Tangina
niyo, mabulok kayo sa kulungan putangina.
Order by a military officer addressed to a subordinate to immediately execute the
death penalty is illegal

People vs. Bernadez

o
Memo from lieutenant to execute immediately Gabriel.
Art. 12 Circumstances which exempt from criminal liability
1. An imbecile or an insane person, unless the latter has acted during a lucid
interval:
When the imbecile or an insane person has committed an act which the law
defines as a felony, the court shall order his confinement in one of the
hospitals or asylums established for persons thus, afflicted, which he shall
not be permitted to leave without first obtaining the permission of the same
court.
2. A child 15 years old or under at the time of the commission of the offense,
however, the child shall be subjected to an intervention program under Sec.
20 of RA 9344
3. A child above 15 years old but below 18 at the time of the commission of the
offence who shall be subject to an intervention program under Sec. 20 of RA
9344 unless he acted with discernment in which case such child shall be
subjected to appropriate diversion proceedings under Sec 23-31 of RA 9344
4. Any person who while performing a lawful act with due care, causes injury
by mere accident without fault or intention of causing it
5. Any person who acts under the compulsion of irresistible force
6. Any person who acts under the impulse of an uncontrollable fear of an equal
or greater injury
7. Any person who fails to perform an act required by law, when prevented by
some lawful or insuperable cause
Exempting Circumstance

Frees the offender from criminal liability but does not relieve him of civil
liability

+ crim but civ

Except

24

o
Par 4 (while performing a lawful act)
o
No criminal or civil liabilities
Offender is deprived of intelligence or freedom
Technically there is a crime committed, but only civil liability exists

Justifying Circumstance
No criminal nor civil liability except Par. 4
where there is civil liability
No crime, no criminal
No criminal intent

Exempting Circumstance
No criminal liability only civil liability
except in Par. 4 where there is also no
civil liability
There is a crime, but there is no criminal
No intelligence or freedom

Accused has the burden of proving by clear and convincing evidence the exempting
circumstance that he is invoking as his defense
An imbecile or an insane person, unless the latter has acted during a lucid interval:
When the imbecile or an insane person has committed an act which the law defines as
a felony, the court shall order his confinement in one of the hospitals or asylums
established for persons thus, afflicted, which he shall not be permitted to leave without
first obtaining the permission of the same court.
Insanity

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 intellectual faculties or by
impaired disordered volition
No definite test or criterion
Evidenced by deranged and perverted condition of the mental faculties
which is manifested through language or conduct

Imbecility

Analogous to childishness and dotage

Deprived completely of reason or discernment or freedom of will at the time

of committing the crime

In his advance age has a mental development comparable to that of

children 3-7 years of age

Mentally defective person of the second lowest order of intellectual potential

usually requiring custodial and complete protective care

Mental deficiency either congenital or resulting from an obstacle to the

development of the faculties
Insanity
Temporary

Imbecility
Permanent

Not continuous
Exempted unless under a lucid interval

Continuous
Exempted at all times

Level of imbecility or insanity

At the time of committing the crime, must be completely deprived of

o
Reason
o
Discernment
o
Freedom of the will
Presumption of dainty

Burden of proof lies on the person who pleads the exempting circumstance

Law presumes that every person is of sound mind in the absence of proof to
the contrary
Circumstantial evidence is sufficient to overthrow the presumption of sanity

Permissible to receive evidence of the condition of his mind a reasonable

period before and after that time

Direct testimony is not required

Must be clear and convincing

Insanity should exist at the time the crime is committed

Immediately preceeding or during the commission

Not before or after the commission of the crime

The following had been held to be exempting

Epilepsy

Somnambulism or sleepwalking

While in a dream

Temporary insanity caused by malignant malaria

Schizophrenia
o
It depends
o
Provided that it completely deprives the accused of freedom of
the will, reason and discernment

Dementia praecox
o
Similar to those of manic-depressive psychosis
o
Mind appears to be deteriorated because he has no control
whatever of his acts
Not exempting

Mere weakness of the mind or mental faculties

Feeblemindedness
o
Could still distinguish right from wrong

Mere abnormality of mental faculties

Insanity brought by intoxication

25

Amnesia
Eccentricity or abnormality of behavior
Temporary insanity
Schizophrenia
o
It depends
o
Not every aberration of the mind or mental deficiency constitutes
Insanity

Confinement in hospital or asylum if accused is insane

Shall not be permitted to leave without the permission of the court

Rehabilitation
Re-integration
After care to
development

ensure

their

normal

growth

and

Best interest of the child

Totality of circumstances which are most congenial to the survival,

protection and feelings of security of the child and most encouraging to the
child physical, psychological and emotional development

A child 15 years old or under at the time of the commission of the offense, however,
the child shall be subjected to an intervention program under Sec. 20 of RA 9344

Restorative justice

Principle which requires a process of resolving conflicts with the maximum

involvement of the victim, the offender and the community
o
Reparation of the victim
o
Reconciliation of the offender and offended to the community and
o
Reassurance to the offender that her can be reintegrated to the
society

Child

Offense

Crimes committed by a child in conflict with the law

Under 18 and alleged to have committed an offense under Philippine laws

Under 18 years

Types of child protected under RA 9344

Child at risk

Child in conflict with the law

Child at risk

A child vulnerable to and at the risk of committing criminal offenses because

of personal, family and social circumstances such as but not limited to
o
Abuse
o
Exploitation
o
Abandoned or neglected
o
Dysfunctional or broken family
o
Out of school
o
Streetchild
o
Member of a gang
o
High level of criminality or drug abuse and
o
Living in situations of armed conflict
Juvenile and justice welfare system

System dealing with children at risk and children in conflict with the law
which provides
o
Child appropriate proceedings
o
Programs and services for

Prevention

Diversion

Act or omission punishable by special laws or the RPC

Status offenses

Offenses which discriminate only against a child, while an adult does not
suffer any penalty for committing similar acts
o
Curfew
o
Truancy
o
Parental disobedience
Victimless crimes

No private offended party

RA 9344 applies to all offenses, regardless of their nature

Court should not distinguish and should apply the automatic suspension of
the sentence to a child in conflict of the law who has been found guilty of a
heinous crime
Offenses, which a child in conflict with the law may not be liable for

Vagrancy and prostitution

o
Vagrancy has been decriminalized
o
Mendicancy
o
Sniffing of rugby
o
Status offenses

26

Crimes which a child in conflict with the law cannot be held guilty of for failure to
acknowledge the case under sec 43 of RA 9344

Perjury

Concealment

Misrepresentation
Exemption from criminal liability does not include exemption from civil liability
Diversion program

Program a child in conflict with the law is required to undergo after he, she
is found responsible for an offense without resorting to formal court
proceedings
Intervention

Series of activities which are designed to address issues that caused the
child to commit an offense
o
Counseling
o
Skills training
o
Education
o
Other activities that enhance his psychological, emotional and
psychological well being
Initial contact defined

Apprehension or taking into custody by law enforcement officers or private

citizens

Includes the receipt of a subpoena or summons

Duties of
custody

a law enforcement officer upon taking a child in conflict with the law into
Explain why
Inform of rights in language understood by him/her
Properly identify himself and present proper identification
Refrain from vulgar or profane words
Avoid displaying firearm, handcuffs or other instruments unless absolutely
necessary
Refrain from subjecting to greater restraint than is necessary
Avoid violence or unnecessary force
Determine the age of the child
Immediately but not later than 8 hours turn over custody of the child to the
Social Welfare and Development Office or other NGO and notify the childs
apprehension
Take the child to a medical and health officer for physical or mental
examination
Detention

o
Separate from adult offenders and that of opposite sex
Record initial investigation
Ensure that all statements signed by the child was witnessed by the parents
or guardian, social worker or legal counsel in attendance who shall affix his
signature
Shall only be searched by an officer of the same gender and shall not be
locked up in a detention cell

If parents, guardians or nearest relative cannot be located or if they refuse to take

custody

NGO or religious organization

Barangay official or member of Barangay Council for protection of children

Social welfare officer

DSWD
A child above 15 years old but below 18 at the time of the commission of the offence
who shall be subject to an intervention program under Sec. 20 of RA 9344 unless he
acted with discernment in which case such child shall be subjected to appropriate
diversion proceedings under Sec 23-31 of RA 9344
Law presumes that the child acted without discernment

No criminal liability

Intervention program

Criminally liable only upon rebuttal of the presumption by proof that he acted
with discernment
Legal effects if acted with discernment

Criminally liable

Diversion program

No court proceedings

If imposable penalty is not more than 6 years imprisonment

o
Punong Barangay andlocal social welfare will develop deviersion
program

More than 6 years

o
Court will determine diversion measures
Discernment

Capacity to understand the difference between right and wrong

Before and during the commission and after and even during the trial
Circumstances that show discernment

Ran away

Went into hiding

27

Consistent honor student and garnered several academic awards

Automatic suspension of the sentence

If found guilty
o
Court shall ascertain criminal liability
o
Suspended sentence without need of application
o
Still be applied if 18 years or more at the time of the
pronouncement of his sentence
Retroactive application of RA 9344 to a child convicted or serving sentence before its
effectivity

Sentences shall be adjusted and shall be immediately released if they are

so qualified under RA 9344 or other applicable laws
Full credit of actual detention to service of sentence

Credited in the services of his/her sentence with the full time spent in actual
commitment and detention

Lawful act
Dual standards of accident in death-related cases

Exemption from criminal liability arises from a finding that the harm was not
due to the fault or negligence of the accused but to circumstances that could
not have been foreseen or controlled
Accident
Fortuitive
happening

circumstance,

event

or

Negligence
Failure to observe for the protection of
the interest of others that degree of care,
precaution and vigilance which the
circumstances justly demand without
which the other person suffers an injury

Without human agency or if wholly or

partly with human agency unusual or
unexpected
Intrinsically contradictory

A child in conflict with the law may apply for probation in lieu of imprisonment under
the Probation Law of 1976

Court may place the child in probation in lieu of service of sentence taking
into account the best interest of the child

Similarity among all the justifying circumstances, accident and lawful or insuperable
cause

Based on lack of criminal intent

The automatic suspension cannot be given retroactive effect if the child reaches 21
years of age or over because he is no longer a child entitled to protection under RA
9344

Below 18 automatic suspension of sentence

Provided that when the child reaches 18 the court shall determine whether
to
o
Discharge the child
o
Execute the sentence
o
Extend the suspended sentence for a specified period or until the
child reaches the maximum age of 21

If reached 21 or over
o
Could no longer be considered as a child under RA 9344

Self-Defense
Justifying
Premeditated intent to kill
Voluntariness induced by necessity

Any person who while performing a lawful act with due care, causes injury by mere
accident without fault or intention of causing it

Requisites
o
Performing a lawful act
o
With due care
o
Causes injury to another by mere accident
o
Without fault or intention of causing it

Accident
Exempting
No intent to kill
Lack of intent

Circumstances that negate the claim of self-defense

Flight from the scene

Failure to inform authorities

Failure to surrender the knife to authorities

Any person who acts under the compulsion of irresistible force
Degree of force required to be exempted

So formidable as to reduce the actor to a mere instrument who acts not

without will but against his will
Compulsion of irresistible force is not available if the accused had an opportunity to
escape and protect himself

Must leaven no opportunity to the accused for escape or self defense

A person who invoked the exempting circumstance must prove it by clear and
convincing evidence

28

Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury

Requisites
o
Existence of uncontrollable fear
o
Fear must be real and imminent
o
Injury is greater or at least equal to that committed
Degree of fear required

The duress, force, fear or intimidation must be present as to induce a wall

grounded apprehension of death or serious bodily harm if the act be done

Must promise grave results

Crime threatened must be greater than or at least equal to that we are

compelled to commit
Fear or duress must be based on real, imminent fear or ones life and limb

Not inspired by speculative, fanciful or remote fear

o
Speculative fear is not uncontrollable fear

Violated BP 22 feared mothers health would deteriorate

due to inhumane treatment of the hospital
Must prove his defense by clear and convincing evidence
Any person who fails to perform an act required by law, when prevented by some
lawful or insuperable cause

That is, by some motive which has lawfully, morally, physically prevented
one to do what the law commands
Weak physical condition prevented a mother from taking home her newly born child
Long journey by boat to the court is an insuperable cause
Entrapment
Employment of such ways and means for
the purpose of trapping or capturing a
lawbreaker

Criminal intent originates from the

accused
Ways and means are resorted to for the
purpose of capturing the lawbreaker in

Instigation
Intent originates from the mind of the
instigator and the accused is lured into
the commission of the offense charged in
order to prosecute him
Instigator practically induces the would
be accused into the commission of the
offense and himself becomes a coprincipal
Criminal
Could not and would not have been
committed were it not for the instigation

flagrante delicto
No bar to prosecution and conviction
Trap from the unwary criminal

by the peace officer

Defendant would have to be acquitted
Trap for the unwary innocent

Buy-bust operation is a form of entrapment

Must be carried out with legal and constitutional circumspection

Manner in which the initial contact between the poseur-buyer and the
alleged pusher was made is material in determining whether there was
entrapment or instigation
Nature of instigation as a defense

Absolutory cause

Defendant would have to be acquitted

Instigator practically induces the would be accused into the commission of

the offense which he otherwise would not commit and has no intention of
committing
Details of buy-bust operations must be clearly and adequately shown in court

Start with initial contact, the offer to purchase, the promise or payment of
consideration, until the consummation of the sale must be subject to the
strict scrutiny of the courts
Two tests for entrapment

Subjective test
o
Intent or predisposition of the accused

Objective test
o
Particular conduct of the law enforcement officials or their agents
and the accused disposition becomes irrelevant
o
Act is evaluated in the light of the standard of conduct exercised
by reasonable persons generally and whether such conduct falls
below the acceptable standard for the fair and honorable
admission of justice
o
Details of the purported transaction must be clearly and
adequately shown
o
Followed by the courts
Instigation
Crime is actually performed but the intent
originates from the mind of the instigator

Frame-up
Offense is not committed by the accused

False accusation
Cannot be present concurrently
Absolutory cause defined

29

Where the act committed is a crime but for reasons of public policy and
sentiment there is no penalty imposed
Examples
Spontaneous desistance during the attempted stage
Light felony in attempted or frustrated stage except in crimes against
persons or property
Accessories in light felonies
Certain accessories
Grounds for total extinguishment of criminal liability
Legal grounds for detaining another
Less serious physical injuries or slight physical injuries inflicted under
special circumstances
Certain relatives in theft, estafa or malicious mischief
Express pardon by the offended party in adultery, concubinage, seduction,
abduction or acts of lasciviousness
Marriage of the offender with the offended party In seduction, abduction or
acts of lasciviousness
Legal grounds for entering anothers dwelling
In rape and sexual assault where the husband is the offender, the
subsequent forgiveness by the wife as the offended party shall extinguish
the criminal action or the penalty imposed
In rape and sexual assault, the subsequent valid marriage between the
offender and the offended party shall extinguish the criminal action or the
penalty imposed

CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Art. 13 Mitigating Circumstances the following are mitigating circumstances

30

1.
2.

Those mentioned in the preceding chapter, when not all the requisites
necessary to justify the act or to exempt from criminal liability in the
respective cases are not attendant
A child above 15 but below 18 years of age at the time of the commission of
the offense who acted with discernment, in which case he shall be subjected
to appropriate diversion programs under Sec. 23-31 of this act

The offender is over seventy years

The offender had no intention to commit so grave a wrong as that
committed
4. The sufficient provocation or threat on the part of the offended party
immediately preceded the act
5. That the act was committed in the immediate vindication of a grave offense
to the one committing the felony, his spouse, ascendants, descendants,
legitimate, natural, adopted brothers or sisters or relatives by affinity within
the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have
produced passion or obfuscation
7. That the offender had voluntarily surrendered himself to a person in
authority or his agents, or that he had voluntarily confessed his guilt before
the court prior to the presentation of the evidence for the prosecution
8. That the offender is deaf and dumb, blind or otherwise suffering some
physical defect which thus restricts his means of action, defense, or
communication with his fellow beings
9. Such illness of the offender as would diminish the exercise of the will power
of the offender without however depriving him of the consciousness of his
acts
10. And, finally, any other circumstance of a similar nature and analogous to
those above mentioned
3.

Mitigating circumstance

Circumstance which if present during the commission of a felony, reduces

the penalty to be imposed either by
o
Degree Privileged mitigating circumstance or
o
Period Ordinary mitigating circumstance

Basis
o
Reduces the accused

Free will

Intelligence

Criminal intent

Kinds
o
Privileged mitigating by degree
o
Ordinary mitigating by period
Privileged

Ordinary

By degree
Cannot be offset by
aggravating circumstance
Mitigating
There is a crime and criminal

generic

By period
Can be offset by a generic aggravating
circumstance
Exempting
There is a crime but no criminal because
no voluntariness

Examples of Privileged mitigating circumstance

Incomplete justifying circumstance Always with UA

Incomplete exempting circumstance Always with UA

Child in conflict 15-18 and acted with discernment

Two or more mitigating and no aggravating circumstance the court shall

impose the penalty next lower to that prescribed by the law
Privileged mitigating circumstance in particular crimes

Slight illegal detention

o
If release within 3 days without attaining its purpose and without
commencing criminal proceedings against him

Guilty of adultery
o
If committed while being abandoned without justification
Examples of Ordinary mitigating circumstance

Over 70 years

Lack of intent to commit so grave a wrong

Immediate vindication

Passion or obfuscation

Voluntary surrender

Voluntary confession

Deaf and dumb, blind or otherwise suffering some physical defect

Illness diminishes the exercise of will-power without depriving him of the

consciousness of his acts

Other circumstances of similar nature or analogous to those mentioned

1.

Those mentioned in the preceding chapter, when not all the requisites necessary
to justify the act or to exempt from criminal liability in the respective cases are not
attendant
Effects

Reduces the penalty by one or two degrees lower than that prescribed
by law
o
Provided, that majority of the conditions required to justify
the same or to exempt the same are present

31

Self Defense, defense of relative, defense of stranger

There must always be UA with element number 2 or 3

UA must be continuing

Cursing and shouting not UA

Attack against property must be coupled by attack against the person
2.

A child above 15 but below 18 years of age at the time of the commission of the
offense who acted with discernment, in which case he shall be subjected to
appropriate diversion programs under Sec. 23-31 of this act

Basis
o
Nature
o

Diminution of intelligence
Privileged Reduced by degree

Diversion program

Program a child is required to undergo after being found responsible without

resorting to formal court proceedings

Conditions
o
Imprisonment not more than 6 years

Law enforcement officer or Punong Barangay with the

assistance of the local social welfare shall conduct

Mediation, family conferencing, conciliation

and conflict resolution
o
Victimless crimes with imprisonment of not more than 6 years

Local social welfare and development officer

o
Exceed 6 years

Diversion measure resorted to only by the court

Conducted at the Katarungang Pambarangay, police investigation, inquest

or preliminary investigation stage and at all levels and phases of the
proceedings including judicial level

Conferencing, mediation, conciliation

o
May be outside the criminal justice system

Contract of diversion
o
If the child voluntarily admits, such admission shall not be used
against the child in any subsequent judicial, quasi-judicial or
administrative proceedings

Diversion proceedings
o
Completed within 45 days
o
Period of prescription of the offense shall be suspended until the
completion of the diversion proceedings

Period of the prescription of the offense shall be suspended during the

effectivity of the diversion program but not exceeding a period of 2 years

When child may not be subjected to diversion

o
Not qualified
o
Parents/guardian does not agree
o
Prosecutor determines diversion is not appropriate

The offender is over 70 years old

Ordinary mitigating
Non-imposition of the death penalty prior to enactment of RA 9346 if over 70

Lowered to reclusion perpetua

No death penalty at the present

3.

The offender had no intention to commit so grave a wrong as that committed

Basis
o
Diminution of criminal intent
o
Lesser criminal perversity

Nature
o
Ordinary mitigating Reduced by period

Internal state of mind can be shown only by external circumstances such as:

Kind of weapon

Mode of attack

Nature of the injury

Part of the body injured

Location of the wound

Number of wounds

Manner the wound is inflicted

Attitude of the mind when the accused attacked the victim

o
Father tied sons and battered his sons
Should exist at the particular moment the accused executes or commits the criminal
act

Not his intention during the planning stage

Example
o
Robbery. Only planned to rob but because of victims resistance
became robbery with homicide
May be compatible with the felony of murder

Qualifying circumstance attending the commission of the crime and not the
state of mind of the accused
Not available as a defense in violation of the Anti-Hazing Law

Malum prohibitum

32


Intent immaterial
Cannot be appreciated with negligence or carelessness
Cannot be appreciated with aberration ictus

There is intent

Criminal liability is incurred by any person although the wrongful act done be
different that which he intended
Cannot be appreciated in mistake of identity or error in personae

There is intent
Means employed and the weapon used may defeat the claim of lack of intent to
commit so grave a wrong as that committed
An intervening ailment may lend credence to the accused claim of lack of intent to
commit so grave a wrong as that committed

Man kept punching him so he hit a beer bottle at the bottom of his head, the
man went home and died of myocardial infarction

Physical injuries could not have resulted naturally and logically to the actual
death of the homicide victim, if the latters heart were in good condition
4.

The sufficient provocation or threat on the part of the offended party immediately
preceded the act

Basis
o
Diminution of free will

Nature
o
Ordinary mitigating reduce by period

Provocation

Sufficient

Immediately precede the act

o
No interval of time between the provocation and the commission
of the crime by the person provoked
Sufficient provocation in incomplete selfdefense
Absence on the part of the person
defending himself

Sufficient provocation as a mitigating

circumstance
Presence on the part of the offended
party

Examples

Challenging the family of the accused and chasing a family member

Uttering offensive words

o
Vulva of your mother
o
Debts

Infidelity of the wife

Accusation of stealing jackfruits
Kicking the accused on his chest prior to the stabbing
Hit accuseds eye with his fist before the fight

No provocation to pursue or further attack the deceased

Must immediately precede the crime

Take note of People vs. Libria

o
Killed the man after 7 days after the boxing incident
o
Falls under other analogous circumstance since he was an exsoldier who was very well respected

Lapse of 24 hours
o
Cannot be deemed to have immediately preceded the crime

Had almost a day to mull over the alleged threat or

provocation

11:00am to 5:30pm same day

o
Not immediately or proximately follow the supposed sufficiently
insulting and provocative remark
The mitigating circumstance of passion or obfuscation, sufficient provocation
immediately preceding the crime and vindication of a grave offense should be
considered only as one mitigating circumstance

All arose from one and the same incident

Cannot be appreciated separately if they arise from the same facts

Except
o
When they arise from a different set of facts

Elopement case
Provocation not coming from offended party but from another person not mitigating

Example
o
Did not come from the murder victim but his mother
5.

That the act was committed in the immediate vindication of a grave offense to the
one committing the felony, his spouse, ascendants, descendants, legitimate,
natural, adopted brothers or sisters or relatives by affinity within the same
degrees.

Basis
o
Diminution of free will and self control

Nature
o
Ordinary mitigating circumstance reduce by period

Relatives against whom a grave offense is committed

Spouse

33

Ascendants
Descendants
Legitimate, natural or adopted brothers or sisters
Relatives by affinity within the same degrees

Provocation or threat
Immediately precede
Must be personal to the accused
The act that caused the provocation does
not have to be a grave offense

Vindication
Proximate
May allow a lapse of time between the
grave offense and the vindication
Even against relatives as specified
Must be a grave offense

Examples

I will make a roast pig out of you to a 70 year old

Deceased previously beating up the accused

You stranger live at the expense of your wife

Vindication of stabbed brother. Shot man at the chest three or four times
Factors considered in determining presence of a grave offense

Social standing

Place

Time
The grave offense being vindicated should be committed by the deceased himself and
not by other persons
The grave offense must be specifically directed to the accused

Not general in nature

The effect and influence of the grave offense should last until the crime is continued
Concept of proximate time in passion and obfuscation and immediate vindication

The act which produced the obfuscation was not far removed from the
commission of the crime by a considerable length of time during which the
perpetrator might recover his normal equanimity

Accused should not have sufficient time to recover his normal equanimity

Period where in accused could have regained his composure and self
control

Lapse of time should not be too distant

o
Anywhere from 6 hours to nine months

6.

That of having acted upon an impulse so powerful as naturally to have, produced

passion or obfuscation

Basis
o
Diminution of free-will and self control

Nature
o
Ordinary mitigating circumstance Reduce by degree

Passion or obfuscation

Commission of crime due to an uncontrollable burst of passion

Provoked by prior unjust or improper acts, or

Due to a legitimate stimulus so powerful as to overcome reason

Requisites

Unlawful act sufficient to produce passion and obfuscation was committed

by the intended victim

The crime was committed within reasonable length of time from the
commission of the unlawful act that produced the obfuscation in the
accuseds mind

The passion and obfuscation arose from lawful sentiments and not from a
spirit of lawlessness or revenge
The act producing passion or obfuscation must not be far removed from the
commission of the crime during which the accused may recover his normal equanimity
Obfuscation

Must come from legitimate feelings

o
Note: Case of illicit relations kicked in the genitals

Relationship illegitimate

Must not arise from a spirit of lawlessness or revenge

Should not arise from vicious, unworthy and immoral sentiments

7.

That the offender had voluntarily surrendered himself to a person in authority or

his agents, or that he had voluntarily confessed his guilt before the court prior to
the presentation of the evidence for the prosecution

There are two separate ordinary mitigating circumstances in this paragraph

o
Voluntary surrender to a person in authority or his agent
o
Voluntary confession of guilt before the court prior to the
presentation of evidence for the prosecution

Basis
o
Lesser criminal perversity

Nature
o
Two separate ordinary mitigating circumstances

Voluntary surrender

34

Requisites
o
Not arrested
o
Person in authority or his agents
o
Voluntary
o
Unconditional
o
Spontaneous
Not necessary that it be done at the first opportunity for as long as it contains all the
requirements
Must be for the crime for which the accused is prosecuted

Robbery with homicide but surrendered as being a Huk

Lack of resistance does not mean voluntary surrender
Surrender to a barangay tanod is mitigating

Intermediary to the accused surrender

Accused must show intent to surrender unconditionally

Must not be forced

o
Example

When police where already inside his house thereby

precluding escape
Surrender must be spontaneous

Essence
o
Because he acknowledges his guilt or he wishes to save them the
trouble and expense necessarily included in his search and
capture
Before the accused could be in fact arrested

Mere announcement of shoot to kill order and that accused was persuaded
to surrender by employer does not militate against the consideration of his
voluntary surrender as a mitigating circumstance
o
He was still not arrested and that he presented himself
There is voluntary surrender although the accused did not immediately tell the police
that he was the assassin
Reason why mitigating

Because he acknowledges his guilt or he wishes to save them the trouble

and expense necessarily included in his search and capture
Person in authority

Any person directly vested with jurisdiction, whether as an individual or as a

member of some court or governmental corporation, board or commission
shall be deemed a person in authority
o
Barrio captain and a barangay chairman
Teachers,
Professors,
Persons charged with supervision of public or duly recognized private
schools, colleges and universities, and
Lawyers in the actual performance of their professional duties or the
occasion of such performance

Agent of a person in authority

A person who by direct provision of law or by election or by appointment by

competent authority, is charged with the maintenance of public order and
the protection and security of life and property such as
o
Barrio councilman
o
Barrio policeman
o
Barangay leader
o
Any person who comes in the aid of persons in authority
Where

Anywhere in the Philippines

Not require that it be done in the place where the crime was committed

No voluntary surrender

Almost 9 months after issuance of warrant of arrest

o
Not spontaneous

When it is done after undergoing hardships and difficulties as a fugitive

o
Not spontaneous and no intent to surrender unconditionally

Went to see the chief of police not to surrender but because he called for
them

When there is already an arrest

o
Bars voluntary surrender

Waiting for a policeman to arrive

Warrant of arrest already served on him

In fact arrested by policeman

If made for self-preservation for what he feared was an imminent retaliation

from the immediate relatives of the victim

Went to the police to clear his name

Went to the police to clear the matter and know the reason why the police
were looking for him

Went to police to merely report the incident

35

There is voluntary surrender

Even when the accused went into hiding for his protection and safety
o
Example

Afraid of companions of deceased who pursued him

and not because he was hiding from the police

Initial apprehension to surrender because of rumors that the accused will

get hurt in jail does not affect the voluntariness and spontaneity of surrender

Posted bail before he was arrested

Voluntary confession of guilt before the court prior to the presentation of evidence for
the prosecution

Requisites
o
Spontaneously confessed his guilt
o
In open court
o
Made prior to the presentation of evidence for the prosecution
Plea of guilty

He has carefully read the charge against him and when he pleads guilty
thereto, he signifies his admission of all the material facts alleged therein
Why mitigating

An accused spontaneously and willingly admits his guilt at the first

opportunity as an act of repentance and a moral disposition favorable to his
reform and submission to the law
Should be done at the first opportunity before the court having jurisdiction to try the
case

During the re-arraignment is mitigating

o
Before prosecution presented its evidence

During the appeal does not constitute a mitigating circumstance

Qualified plea of guilty

May be mitigating

If not
o
Prosecution could nullify this mitigating circumstance by
counteracting it with unfounded allegations of aggravating
circumstance

Voluntary confession of guilt to a lower charge after amendment of the

information
o
When the court sentences him for such lesser offense, even if the
amendment and plea are made after prosecution has started its
evidence
o
Amended information is an entirely new information and no
evidence has been presented to price the charges made therein
when the accused entered his plea of not guilty

Not mitigating

Conditional plea of guilty not mitigating

o
Admits his guilt provided that a certain penalty be imposed upon
him
o
Considered as not having entered a plea of guilty

After the prosecution has started presenting its evidence

When made during the testimony of the first witness of the prosecution

On appeal
o
Does not restore the case to its original state

During the preliminary investigation

o
Must be in the court which has jurisdiction to take cognizance of
the case
In capita l offenses, the prosecution is still required to prove the guilt of the accused
despite the plea of guilty
Court must

Searching inquiry
o
Voluntariness
o
Full comprehension of consequences

Require the prosecution must present evidence to prove the guilt of the
accused

Ask whether he desires to present evidence on his behalf

Despite plea of guilty, the court should still take his testimony in case of a grave
offense

Prudent and proper course to follow for the purpose of establishing the guilt
and precise degree of culpability of the defendant

The accused should not be allowed to withdraw his plea of guilty after learning about
the penalty
Mitigating

36

9.

8.

That the offender is deaf and dumb, blind or otherwise suffering some physical
defect which thus restricts his means of action, defense, or communication with
his fellow beings

Basis
o
Nature
o

Diminution of freedom of action

Ordinary mitigating circumstance

Deaf and dumb or blind

Not necessarily both ears or eyes

Enough that partial blindness or deafness restricts his means of action,

defense or communication with fellow beings
Example of physical defect

Right hand is missing from kuwitis

Feebleminded
Necessary that the physical defect must restrict the accuseds means of action,
defense or communication with his fellow beings

For murder: severed hand

o
Should not be automatically credited as mitigating circumstance

Must show that it restricts the accuseds means of

action, defense or communication with his fellow beings
to the extent that he did not have complete freedom of
action, consequently resulting in diminution of the
element of voluntariness
o
Court required man with slight physical defect on leg to sit on the
floor to prove rape

Such illness of the offender as would diminish the exercise of the will power of
the offender without however depriving him of the consciousness of his acts

Basis
o
Diminution of intelligence and intent

Nature
o
Ordinary mitigating

Should diminish the exercise of the will-power, but should not diminish the
exercise of will-power

If it diminishes the consciousness of his acts

o
Exempting under 12 (1)

Examples

Feeblemindedness

Mild behavior disorder as a consequence of an illness in qualified theft

Offenders mental illness (mild psychosis or schizophrenic reaction) in

murder and rape

Cynical nature and severity of the violence inflicted upon the accused
resulted in cumulative provocation which broke down her psychological
resistance and natural self control, psychological paralysis, and difficulty
in concentrating or impairment of memory in parricide

Schizo-affective disorder or psychosis in murder

10. And, finally, any other circumstance of a similar nature and analogous to those
above mentioned
Examples

Persistent demands of payment of a debt which annoyed and scandalized

his co-workers that he had to resign

Extreme poverty and necessity in theft of two sacks of paper to buy a meal
for his minor children

Belief in witchcraft or a local but deep-rooted superstition

Other examples

Outraged feelings of creditor seeing a bad debtor

Impulse similar to passion or obfuscation

Ejection from a dance of a lieutenant who called on soldiers to avenge the

outrage

Lovers tiff between him and his live-in partner over their son and future
unbridled relationship
o
Carried out by the accused in his diminished emotional state

In a prosecution for robbery with homicide

o
Act of an accused testifying for the prosecution without previous
discharge
o
Analogous to plea of guilty

37

Restitution of funds in malversation

o
Immediately and voluntarily made before institution of the case
Over 60 with failing eyesight
o
Similar to over 70
Slugging match with wife, got beat up by neighbors before stabbing of the
victim
Accused and companion carried his victim to the hospital there he was
disarmed and arrested by the police
Previously threatening the accused for non-payment of a debt arising from
gambling before the murder

Examples, which do not fall within Par. 10

Fact that the crime has caused no material damage to the offended party
Special Mitigating Circumstance

Appreciated only in specific cases

CIRCUMSTANCES, WHICH AGGRAVATED CRIMINAL LIABILITY

1.
2.
3.
4.
5.
6.

circumstances

7.
8.
9.

10.
11.
12.

Example

Concealing the dishonor of the mother by the mother or the maternal

grandparents in infanticide

Concealing the dishonor in abortion

Voluntary release within 3 days without attaining the purpose and before
criminal prosecution is instituted against him is privileged mitigating in slight
illegal detention

Abandonment of the wife by the husband without justification is privileged

mitigating in adultery

Art.14. Aggravating
circumstances

Whenever more than three armed malefactors shall have acted together in the
commission of an offense, it shall be deemed to have been committed by a band

the

following

are

aggravating

That advantage be taken by the offender of his public position

That the crime be committed in contempt of or with insult to the public authorities
That the act be committed with insult of or in disregard of the respect due the
offended party on account of his rank, age, sex, or that it be committed in the
dwelling of the offended party, if the latter has not given provocation
That the act be committed with abuse of confidence or obvious ungratefulness
That the crime be committed in the place of the Chief Executive, or in his
presence, or where public authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship
That the crime be committed in the nighttime or in an uninhabited place, or by a
band, whenever such circumstances may facilitate the commission of the offense

13.
14.
15.
16.

That the crime be committed on the occasion of a conflagration, shipwreck,

earthquake, epidemic, or other calamity or misfortune
That the crime be committed with the aid of armed men or persons who insure or
afford impunity
That the accused is a recidivist
A recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same
title
That the offender has been previously punished for an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it
attaches a lighter penalty
That the crime be committed in consideration of a price, reward, or promise
That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or intentional damage thereto, derailment of a locomotive,
or by use of any other artifice involving great waste and ruin
That the act be committed with evident premeditation
That craft, fraud, or disguise be employed
That advantage be taken of superior strength or means be employed to weaken
the defense
That the act be committed with treachery (aleviosa)

There is treachery when the offender commits any of the crimes against the
person, employing means, methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without risk to himself arising from
the defense which the offended party might make
17. That means be employed or circumstances brought about which add ignominy to
the natural effects of the act
18. That the crime be committed after unlawful entry
There is unlawful entry when an entrance is effected by a way not intended for
the purpose
19. That as a means to the commission of a crime a wall, roof, floor, door, or window
be broken
20. That the crime be committed with the aid of persons under fifteen years of age, or
by means of motor vehicles, airships, or other similar means
21. That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for its commission
Aggravating circumstance

A circumstance, which
o
If present in the commission of a felony and

38

Basis

o
Not offset by any ordinary mitigating circumstance
Increases the penalty to its maximum period
o
Without exceeding the penalty prescribed by the law for the felony
committed OR
Changes the nature of the felony to a more serious one
o
Makes the accused liable for the penalty prescribed by law for the
felony changed
Greater criminal perversity as shown by
o
Means employed
o
Time
o
Place
o
Occasion
o
Material execution of the act
o
Means employed
o
Moral attributes
o
Private relations
o
Other personal cause

Clear and convincing evidence

Not merely hypothetical facts no matter how truthful suppositions and

presumptions may seem
Exclusive to those specified

Strictly construed

Not include circumstance similar or analogous to those in Art. 13

Not aggravating

Immoral motive

Drug addiction
Kinds

Generic
o
Generally apply to all crimes
o
Can be offset
Specific
o
Apply only to particular crimes
Qualifying
o
Change the nature of the crime
Inherent
o
Must of necessity accompany the commission of the crime
o
Do not have the effect of increasing the penalty
Special

o
Generic
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
Specific
a.
b.

Arise in special conditions which increase the penalty to the

maximum period without exceeding the penalty prescribed by law

Advantage of public position

Contempt or insult to public authorities
Disregard of respect due to the offended party
Abuse of confidence or obvious ungratefulness
In the palace of the chief executive, in his presence or where public
authorities are engaged in the discharge of their functions or place
dedicated to religious worship
Nighttime, uninhabited place, or band
Recidivism
Reiteracion or habituality
Employing craft, fraud or disguise
Unlawful entry
Breaking a wall, roof, floor, door or window
Aid of persons under 15 or motor vehicles, airships or similar means
Treachery and cruelty against persons in crimes against persons
Ignominy in crimes against chastity

Qualifying
a. Treachery

Qualifies homicide to murder

b. Abuse of confidence

Qualifies taking of personal property to qualified theft

c. Unlawful entry

Qualifies taking of personal property from theft to robbery

Inherent
a.
b.
c.
d.

Sex in rape
Dwelling in trespass
Abuse of public position in malversation
Breaking of wall in robbery with force upon things

Special
a.
b.
c.
d.

Unlicensed firearm in homicide or murder

Abuse of public office in commission of a crime
Complex crimes in Art. 48
Etc

Generic
Generally apply to all crimes
Increase the penalty to its maximum

Special
Arise under special conditions
Increase the penalty to its maximum

39

period but not to the next higher degree

Can be offset by an ordinary mitigating
circumstance

period but not to the next higher degree

Cannot be offset

Generic
Increase the penalty to its maximum
period but not to the next higher degree
Can be offset by an ordinary mitigating
circumstance

Qualifying
Changes the nature of the felony
Cannot be offset by
mitigating circumstance

an

ordinary

Both qualifying and generic aggravating circumstances must be alleged in the

complaint or information for proper appreciation

Revised rules on criminal procedure

o
State not only qualifying but also aggravating
o
May be given retroactive effect

State not only the designation of the offense and the acts and
omissions but SPECIFY THE QUALIFYING AND AGGRAVATING
CIRCUMSTANCES
Accused plea of guilty

Admits only the aggravating circumstances alleged in the complaint or

information
When the accused pleads not guilty

Deemed to have denied all the material allegations in the complaint or

information
1.

That advantage be taken by the offender of his public position

Requisites

Public official

Use his influence, prestige or ascendancy which such office gives him as a
means by which he realized his purpose
Examples

Police maltreated the prisoner victim

Policeman killed the deceased while in the precinct

Disarmed and shot the deceased

Councilman imposed or collected fines

o
Converted it for his own use

Policemen evidence

Abduction as a municipal policeman

Peace officer
o
Stole truck
o
Robbed people
o
Quadruple homicide
Gun used in murder was the service revolver issued to him

Not considered in the following

Crime by police officer through negligence or carelessness

o
No intent to deliberately use authority

Allegation of illegal gambling of a member of HR

o
Did not necessarily make use of the prestige of his office

Not alleged in the complaint

No evidence to prove

Malversation case
o
Inherent

Sufficient provocation immediately preceded the crime

Passion or obfuscation

Instinctive reaction of a policeman against the vicious assault against his

brother
2.

That the crime be committed in contempt of or with insult to the public authorities

Basis
o
Greater criminal perversity
o
Lack of respect to public authorities

Nature
o
Generic aggravating

Requisites
o
Public authority must be engaged in the performance of his official
duty
o
Public authority must not be the person against whom the crime is
committed
o
Offender knows him to be a public authority

Public authority

Person in authority
o
Governor
o
Mayor
o
Judge
o
Acting governor
o
Municipal secretary

Not to a mere agent of a person in authority

40

Policeman

Cannot apply when the offended party is the person in authority

Committed in the presence and not against the public authority

3.

That the act be committed with insult of or in disregard of the respect due the
offended party on account of his rank, age, sex, or that it be committed in the
dwelling of the offended party, if the latter has not given provocation

Greater criminal perversity as shown by

o
Personal circumstances of the offended party and
o
Place of the commission of the crime

Nature
o
Specific

Apply only to crimes against persons or honor

Not applicable in crimes against property

Robbery with homicide

o
Against
property
where
the
homicide is a mere incident of the
robbery, the latter being the main
purpose and object

Requisites
o
Accused deliberately intended to offend or insult the

Sex

Rank or

Age of the offended party or

In the dwelling if the latter has not given provocation

May theses four aggravating circumstances be considered separately if they

concur in the same case
o
Yes

If their elements are distinctly perceived and

Can subsist independently

Disrespect to rank

There should be specific facts to demonstrate that the accused deliberately

intended to insult or disregard the respect due to the victim on account of
his rank
o
Spontaneous utterance of anger or hate, which is naturally
harbored by any assailant, it is not necessarily an expression of
insult or disregard owing to the victims rank
o
Mere suppositions or presumptions being insufficient to establish
their presence
o
Doubt

Resolved in favor of the accused

Examples

Murder od the assistant chief of the personnel transaction of the CSC by a

clerk therein
Murder of army col. and army gen. by a private citizen
Chief of the secret division murdering chief of police
Murder of pupil of his teacher
Killing of a Spanish consul by his subordinate

Disregard of respect due to age applies when the deceased is of old age applies when
deceased is of old age

Murder of octogenarian by 45 years old

Murder of sexagenarian by 27 years old

Old enough to be the father

Disregard of respect due to age applied when the deceased is of tender age

Murder of 12 year old boy

Murder of 3 year old boy

Disregard of respect due to sex

Basis
o
Greater perversity by the accused who instead of giving due
respect to the woman for being part of the weaker sex, takes
advantage of her weakness in order to facilitate the commission
of the crime

Nature
o
Generic aggravating circumstance

Must not be inherent in the commission of the crime or is part of the

elements of the crime
o
Rape
o
Parricide
o
Crimes against chastity

Seduction

Abduction

Acts of lasciviousness
Examples

Unable to take revenge against the killer of his relative, killed a female
relative of such killer

Accused was armed and murdered the victim who was not able to offer any
resistance
Offender must manifest specific insult or disrespect towards the offended partys sex
Disregard of respect due to sex cannot be considered when the accused mistook the
victim for a man

41

Disregard of sex not considered in the following circumstances

Crime committed through negligence or carelessness

Sufficient provocation immediately preceded the act

Passion or obfuscation

Aberration ictus

Error in personae

Spur of the moment

Accidental meeting or encounter between the offender and the offended

party
That the crime be committed in the dwelling of the offended party if the latter has not
given provocation

Basis
o
Greater criminal perversity of the offender who violates the
sanctity of privacy the law accords to the human abode

Nature
o
Generic aggravating

Requisites
o
In the dwelling of the offended party
o
Offended party has not given provocation
o
Specific evidence show that the offender intentionally and
deliberately disregarded the respect the law accords to anothers
dwelling
Dwelling

Place of abode

Where the offended party resides and

Satisfies the requirements of his domestic life

Reason

Sanctity of privacy the law accords to human abode

Sanctuary worthy of respect

Examples

Robbery with rape in domicile without provocation on his part

Deceased was murdered in his residence

o
Even if the accused had ceased living in the house

Raped in her own house

When robbery with violence against or intimidation of persons is committed

in the house of the victim

Shot in the porch of his house

Stabbed while standing near the door of his house

Shot as he opened the door of his house

Shot in the staircase of his house

Inside his house, shot from the outside

o
Not necessary that the accused should have entered the dwelling
Shot from under the house
While inside the dwelling, the accused bound the victims hand and took him
to a place near the house where he was murdered
o
Act performed cannot be divided or the unity resulting from its
details be broken up
Committed in a dependency of the house
Abduction committed in the house
Taken from his house in the crime of illegal detention
While on the stairs of his house was asked to come down by four armed
men who immediately grabbed and kidnapped him
Murdered in one of his two houses
Raped in a bedspace she was renting
o
Constituted for all intents and purposes a dwelling
Killed his estranged wife in a place she was occupying which was not their
conjugal home
Wife committed adultery in the conjugal home

Note

Dwelling need not be owned by the victim

o
Even if merely an invited guest

Brief moment home to him

Even if in makeshift room of a motor shop owned by her brother
o
For all intents and purposes a dwelling
Cannot be considered if the accused and the victim live in the same house
o
Rationale of sanctity of home is absent
Cannot be applied if the crime was commited in a place not devoted to
dwelling
o
1st floor video rental shop
o
2nd floor residence
o
rape in video rental shop
Cannot be considered if the victim gave provocation
o
Loses his right to respect and consideration due him in his own
house
Cannot be considered if killed in a place not integral part of her home
o
30 meters away from her house
o
No showing that the said place formed part of her grounds
Cannot be appreciated if the deceased was killed in his house by the
accused while in the act of adultery with the latters wife
o
Provocation was given by the wife
o
Passion or obfuscation

42

4.

May be appreciated despite provocation if the provocation was not

immediate
o
Killed in house 6 hours after the accuseds mauling
No aggravating circumstance is called to come down from his house and
killed the victim in the immediate vicinity thereof
o
Unless the place is so connected to the house as to form an
integral part thereof
Not aggravating when the victim was killed while seated on bench outside
the house
o
Although beside the steps leading to the door of his house

Not an integral part or a dependency of the victims

dwelling
Inherent in the crime of robbery with force upon things and thus not
aggravating
Aggravating in robbery with violence against or intimidation of persons
o
Crime can be performed without the need of violating the abode
of the victim and without the necessity of transgressing the
sanctity of his home
Not aggravating when it is an essential element of a felony or is inherent in
the commission of a felony in some cases such as
o
Violation of domicile
o
Trespass to dwelling
o
Robbery in an inhabited place

Necessary that the offender enter the inhabited house

Not aggravating when there is no specific evidence to show that the
accused deliberately intended to disregard the sanctity of the victims home
such as
o
Negligence or carelessness
o
Sufficient provocation immediately preceded the act
o
Passion or obfuscation
o
Spur of the moment
o
Merely an accidental encounter

That the act be committed with abuse of confidence or obvious ungratefulness

Two aggravating circumstance

o
Abuse of confidence
o
Obvious ungratefulness

Abuse of confidence

Basis
o
Greater criminal perversity

Nature
o
Generic aggravating circumstance

Requisites
o
Offended party trusted the offender
o
The offender abused such trust by committing the crime against
the offended party
o
Abuse of confidence facilitated the commission of the crime

The culprit taking advantage of the offended partys

belief that the former would not abuse such confidence
Relationship of trust
o
Indispensable
o
Taking advantage of the partys belief that the former would not
abuse said confidence
Confidence must be immediate and personal
o
Victims mother asked the accused to fetch her children from
Antipolo to Marikina does not prove that she reposed such
confidence in the accused that he could have used to his
advantage in committing the crime of rape

Examples

Abuse of confidence when the victim provided shelter to the accused

Domestic servant poisoned the child

Between sweethearts
o
Invited for a ride then jealous lover stabbed the sweetheart to
death

Robbery by a servant of his master

With obvious ungratefulness when the accused was treated as a member of

the family

When the accused was allowed to live in the same house of the victim and
take care of the victims father

Victim was killed in his house where the accused was a guest
Note

Being friends does not imply abuse of confidence

No abuse of confidence on the care allegation that the accused is the
nephew of the murder victim
o
No evidence that he reposed confidence
No abuse of confidence when the accused and victims just met
o
Confidence not immediate and personal

That such confidence would give that accused some

advantage or make it easier for him to commit the crime

That such confidence was a means of facilitating the

commission of the crime, the culprit taking advantage of
the offended partys belief that the former would not
abuse said confidence

43

No abuse of confidence if the victim already lost confidence in the accused

at the time of the commission of the crime

No abuse of confidence or obvious ungratefulness when the relationship is

between the accused and the victims father, not between the accused and
the victim
o
Must be between the victim and the accused
Not aggravating in the absence of any showing that the abuse of confidence
facilitated the commission of the crime
Inviting the accused to go night clubbing and accommodating him in the
victims car did not show confidence
o
Does not appear the victim ever reposed confidence on the
accused
Must be expressly alleged in the complaint or information
o
In all criminal cases and not only in cases where the aggravating
circumstance would increase the penalty
o
Applies to both qualifying and aggravating circumstance

Obvious ungratefulness

Basis
o
Greater criminal perversity of the offender who instead of being
grateful to the offended partys kindness, favor and assistance,
commits a crime against him

Nature
o
Generic aggravating

Necessitates evidence of benefits given by the victim to the accused

o
Cannot be appreciated when there is no evidence as to what
generosities and the extent thereof were received by the accused
Examples

Murder of brother-victim who instituted him as a universal heir

Accused lived in the house of the victim of robbery with homicide where he
was employed as overseer and in charge of carpentry work

Attacked while giving assailants coffee and breakfast

Accused killed his father-in-law who supported him in whose house he lived

Other examples in book

No obvious ungratefulness

Nothing to show assailant and common-law-wife reposed in one another

any special confidence that could be abused, or any gratitude owed by one
to another that could be abused

Army men holding high-powered firearms cowed the victims into boarding
their jeep at machine gun point
o
No source of gratefulness or appreciation

5.

That the crime be committed in the place of the Chief Executive, or in his
presence, or where public authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship

Basis
o
Greater criminal perversity of the offender who disregards the
respect due to the place where the crime was committed

Nature
o
Generic aggravating circumstance
o
However

place dedicated to religious worship is an element of

offending the religious feelings hence the same can
no longer increase the penalty to be imposed by the
court upon the accused

Palace of the Chief Executive

Deliberate disregard of the respect due to the Palace, which is the official
residence and place of work of the highest official in the land
Chief executive does not have to be in the palace

Enough that the crime was committed in the palace

Deliberately disregarded the respect due to the palace

Not considered
o
Crime through negligence or carelessness
o
Sufficient provocation immediately preceded the crime
o
Passion or obfuscation
Presence of the Chief Executive
o
Chief Executive may be outside the palace and
o
May or may no be in the performance of his duties
Place where the public authorities are engaged in the discharge of their duties

Basis
o
Greater criminal perversity

Shown by the place of the commission of the crime

which must be respected

Place deserves respect from everyone

Enough that it is committed in the place where public authorities are

engaged in the discharge of their duties

Not necessary that they should be in the actual performance of their duties
o
If so, will be aggravating circumstance of in contempt of or with
insult to public authorities
Not committed when the crime was committed in a room adjoining the justice of the
peace court

44

Not place where authorities are engaged in the discharge of their functions

Place dedicated to religious worship

Increase penalty to maximum period if not offset by an ordinary mitigating

circumstance

Not aggravating in the crime of offending religious feelings

o
Because the place of religious worship is an essential element of
the crime

Not required that

o
There be a religious minister
o
There is a ceremony transpiring in a place dedicated to religious
worship

Enough that it is committed in the place dedicated to religious worship

o
Deserves to be respected
Example

Rape committed in a chapel

Not aggravating

Accused had no intention to kill at the time she entered the chapel

There is no evidence to show that the accused had murder in her heart
when she entered the chapel that fatal night
6.

That the crime be committed in the nighttime or in an uninhabited place, or by a

band, whenever such circumstances may facilitate the commission of the offense
Whenever more than three armed malefactors shall have acted together in the
commission of an offense, it shall be deemed to have been committed by a band

Basis
o

Greater criminal perversity of the offender as shown by the time,

place and manner or committing the crime

Nature
o
All generic aggravating circumstance
May be considered separately against the accused
o
When their elements are distinctly perceived and can subsist
independently, revealing greater degree of criminal perversity
Requisites (facilitated, sought for, took advantage)
o
When it facilitated the commission of the crime
o
When it is especially sought for by the accused to ensure the
commission of the crime or for purposes of impunity
o
Offender took advantage of nighttime, uninhabited place or band
for purposes of impunity

Period of darkness beginning at the end of duck and ending at dawn

o
Nights sunset to sunrise
Must be commenced and accomplished at nighttime

Not nighttime

Late afternoon
o
Must be purposefully sought such time of day to facilitate the
commission of the crime or to prevent its discovery or to evade
the culprits capture

6pm
o
Dusk was just beginning and there was still twilight
o
Darkness not completely set in

When the accused learned about the plan to kill the victim only in the
evening of the commission of the offense
o
Must have planned and sought darkness

Bare statement that the crime was committed in the darkness of the night
does not make nighttime aggravating

When it fails to pass the subjective and objective tests

No evidence that it is especially sought for

o
Must be deliberately and intentionally sought by the accused to
help them realize their evil intentions
o
Example

Simply waited for the victim to finish his drinking spree

Mere a chance or accidental encounter between the accused an the victim

o
Not specially sought for

When all the accused trailed the flashlights on their faces by reason of
which the victim recognized them
o
Pointed at faces and asked if they knew them

When the accused would commit the crime regardless of the time
o
Agreed to rob when they were already on their way or near the
house to be robbed

When the scene of the crime was sufficiently illuminated so as to identify the
accused
o
Sufficient to recognize the accused
o
Moonlight is sufficient illumination or a person to identify another
o
Light if the street and vehicle
o
Lighted by surrounding residences
o
Light post from the scene of the homicide
o
Kerosene lamp in the murder scene

Offender stabbed the victim after a heated argument arising from vehicular
collision
o
Merely incidental

Nightime

45

Two tests in determining nocturnity in the ALTERNATIVE

Objective
o
Facilitated the commission of the offense

Subjective
o
Purposely sought by the offender
Note

Although nighttime was not especially sought for, it is still aggravating if it

facilitated the commission of the crime or the offender took advantage of the
same to commit the crime
Aggravating when the accused took advantage of the darkness to flee from
the scene undetected
o
Took advantage of nighttime
Aggravating notwithstanding the use of a flashlight
o
Still deliberately and consciously adopted the means of execution
Aggravating in arson
o
Took advantage of nighttime to conceal the crime
Aggravating although the accused lit a matchstick
o
Not negate the presence of said aggravating circumstance

Abandoned subdivision

Yes, considering the possibility of the victim calling for succor or assistance
from any third person was ruled out
Homicide committed in a banca at sea

Yes, difficult for the offended party to receive any help while the aggressors
could have easily escaped punishment
Band

Uninhabited Place (Despoblado)

One where there are no houses at all, a place at a considerable distance

from the town, or where the houses are scattered at a great distance from
each other
Criterion

Whether or not in the place of the commission, there was reasonable

possibility of the victim receiving some help
Must be

Deliberately selected to perpetrate the crime

Specifically sought for

Not aggravating

Chance encounter between the offender and the offended party in an

uninhabited place does not make the same an aggravating circumstance

More than three armed malefactors (4 or more)

Whenever more than 3 armed malefactors shall have acted together in the
commission of an offense, it shall be deemed to have been committed by a
band

Note

Treachery absorbs nocturnity

Evidently an integral part of the peculiarly treacheroud means and manner

to ensure the murder or that it facilitated the treacherous character of the
attack
Should be alleged in the complaint or information in order to be considered as an
aggravating circumstance

Not especially sought for

Arms included
o
Guns, revolvers, swords, bolos, daggers, clubs, lantacas, riffles,
lances, a small cannon, stones, and other deadly weapons
More than 3 malefactors should be armed
o
If no evidence that all four were armed at the time of the
perpetration, band is not an aggravating circumstance
o
At least 4 should be armed
o
Even if there are 4 offenders but only 3 armed

Not band
The mere fact that there are more than three armed men at the scene of the
crime does not prove the existence of a band
o
If only one of them committed the crime while the others where
not aware
Band is a generic aggravating circumstance in robbery with homicide
o
May be offset by a mitigating circumstance
Band absorbs abuse of superior strength
Must be alleged in the information
Band is inherent in brigandage
o
Brigandage

More than 3 armed persons

Form a band of robbers

Purpose of committing

Robbery in the highway or

Kidnapping persons for the purpose of

extortion or to obtain ransom or

For any other purpose to be attained by

means of force and violence

46

7.

That the crime be committed on the occasion of a conflagration, shipwreck,

earthquake, epidemic, or other calamity or misfortune

Basis
o
Debased form or criminality on the part of the offender who in the
means of great calamity, instead of lending aid to the afflicted,
adds to their suffering by taking advantage of their misfortune to
despoil them

Nature
o
Qualifying aggravating

8.

Note

When a person is killed on the occasion of any of these calamities, the

killing constitutes murder and not merely homicide
When personal property is taken on the occasion of these calamities, the
taking constitutes qualified theft and not simple theft
Development of engine trouble at sea is a misfortune but it does not come
within the context of the phrase other calamity or misfortune
Offender should deliberately take advantage of the occasions mentioned in
order to facilitate the commission of the crime
o
Shown by specific facts or circumstances that the accused
deliberately sought any of these occasions in order to facilitate the
commission of the crime

No aggravating

Negligence and carelessness

Sufficient provocation immediately preceded the crime

Passion or obfuscation

Spur of the moment

That the crime be committed with the aid of armed men or persons who insure or
afford impunity

Basis
o
Greater criminal perversity

Emboldened into the commission of the crime by the

aid of armed men or persons who afford impunity

Nature
o
Qualifying aggravating

Armed Men
At least two persons who are armed
Actual aid is not necessary
Psychological reliance is sufficient
Qualifying

Band
At least four persons who are armed
At least four armed men should have
acted together
Generic

Note

Qualifies the killing to murder

Requires that the armed men are
o
Accomplices who take part in a minor capacity

Directly or

Indirectly
Mere fact that the 3rd malefactor was not apprehended and brought to the
trial does not negate the aggravating circumstance of aid of armed men
Absorbed by band
May be taken independently of abuse of superior strength
o
Example

Three assailants all armed simultaneously and

repeatedly stabbed and clubbed the defenseless victim
Treachery may absorb aid of armed men and abuse of superior strength
Must be alleged in the information
Proved beyond reasonable doubt

Not aggravating

Presence of conspiracy
o
Accused as co-conspirators, acted under the same plan and for
the same purpose

When the accused did not avail of the armed men directly or indirectly
o
Committed by the defendant alone without assistance

9. That the accused is a recidivist

47

A recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same
title

Basis
o
Greater criminal perversity

Propensity or inclination to commit crimes

Nature
o
Generic aggravating
Recidivist

One who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of
the RPC
Note

Not a criminal offense

o
Aggravating circumstance only
at the time of his trial for one crime
o
General sense

Including the rendering of the judgment

Everything that is done in the course of trial

Judgment of conviction for the previous crime should already be final at the
time of his trial for his subsequent crime
o
After the lapse of the period to appeal

Period to perfect

Within 15 days from the promulgation of

judgment or from notice or final order
appealed from

Effect of filing an MR

Period to file an appeal shall be suspended

o
Until notice or the order overruling
has been served at which time the
remaining balance begins to run
o
Sentence totally or partially served or satisfied
o
Waived in writing his right to appeal
o
Applied for probation
No recidivism if he conviction is on appeal
Previous crime and subsequent crime must be embraced in the same titled
of the RPC
o
Example

Homicide and robbery with homicide DIFFERENT titles

Rape now crime against persons
o
RA 8353

Lapse of time between the final judgment of conviction fro the previous
felony and the time of the trial for the subsequent felony is immaterial

Present even if the accused received absolute pardon

Recidivism and habitual delinquency can co-exist and be considered

separately

If three crimes were committed on the same date there is only recidivism not
habitual delinquency
o
Not considered as three convictions

Must be alleged in the information

Necessitates certified copies of sentences

o
Except

Accused does not object to the presentation of

evidence on the part of recidivism

Recidivism, quasi-recidivism and reiteration necessitates the presentation of

certified copies of the sentences convicting an accused
o
Fact that the accused is an inmate does not prove that a final
judgment has been rendered upon him
o
Cannot be proved by a certificate of the Chief of Police showing
that the accused has been indicted of an offense

Not the best proof

Cannot be assumed that such indictment ripened toa

final conviction

Quasi-recidivist
o
Shall commit a felony after having been convicted by a final
judgment before beginning to serve such sentence or while
serving such sentence
Recidivist
Quasi Recidivist
Embraced in the same title
Previous crime RPC/Special Law
Second - RPC
Generic aggravating
Special aggravating
Can be offset by an ordinary mitigating Cannot be offset by an ordinary
circumstance
mitigating circumstance
Same title
Enough that the second crime is a felony
Examples of recidivism

Estafa and theft

Robbery with homicide and double serious physical injuries

Murder and slight physical injuries

Homicide and slight physical injuries

Homicide and murder

48

10. That the offender has been previously punished for an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it
attaches a lighter penalty (Reiteracion or habituality)

Basis
o
Greater criminal perversity

Propensity to commit crimes

Nature
o
Generic aggravating circumstance
Three situations
At the time of his trial for a At the time of his trial for a At the time of his trial for a
crime, the accused has crime, the accused has crime, the accused has
ben previously punished ben previously punished ben previously punished
for an offense to which the for an offense to which the for two or more crimes to
law attaches an EQUAL law attaches a GREATER which the law attaches a
penalty
penalty
LIGHTER
Reiteracion
Not necessary in the same title
Must have served the sentence
Two or more previous convictions for
crimes with lighter penalties

Recidivism
Embraced in the same title
Final judgment sufficient
Other previous final judgment under the
same title of the RPC is sufficien

Note

Actual punishment or service of sentence is essential in reiteracion

o
Conviction not sufficient
If only one prior offense
o
Penalty is

Equal or

Greater
o
Than the one for which the accused was convicted
Should be alleged in the information
Must present certified copy of the sentence convicting an accused

Not aggravating

No reiteracion if the accused were still serving sentence at the tie of the
commission of the crime
o
Required that the offender shall have already served his sentence

No records disclose that the accused has been previously punished for an
offense to which the law attaches an equal or greater penalty or for two or
more crimes to which it attaches a lighter penalty

Penalty for the lower conviction is lower

o
Must be equal or greater

11. That the crime be committed in consideration of a price, reward, or promise

Basis
o
Greater moral depravity on the part of the offeror and the acceptor

Nature
o
Qualifying aggravating circumstance
Note:

Involves the principal by inducement and principal by direct participation

o
Principal by inducement - Offeror
o
Principal by direct participation Acceptor
Aggravating circumstance against the offeror and the acceptor
Essential element
o
Price reward or promise must be the SOLE MOTIVATING
FACTOR

Without which the crime would not have been

committed
Will be a generic aggravating circumstance if it concurs with the qualifying
circumstance like treachery
Price need not be money only
o
Quantity of tobacco
Qualifying circumstance of evident premeditation and offer or money, reward
or promise may be appreciated together one being independent from
another
o
Not incompatible
o
May be appreciated together

12. That the crime be committed by means of

a. Inundation
b. Fire
c. Poison
d. Explosion
e. Stranding of a vessel or intentional damage thereto
f.
Derailment of a locomotive
g. Or by use of any other artifice involving great waste and ruin

Basis
o
Greater criminal perversity

Shown by the means by which he committed the crime

Nature
o
Qualifying aggravating
Paragraph 7
Occasion of calamity or misfortune

Paragraph 12
Means employed in the commission of
the crime

49

Notwithstanding that he had ample and sufficient time

to allow his conscience to overcome the determination
of his will if he has desired it after meditation and
reflection
Not be merely suspected or surmised
o
Must be evidenced by the notorious overt acts evincing
determination to commit the crime

Planning and preparation

Expression of hatred does not necessarily imply a resolution to commit a
crime
o
Proof of alleged resentment does not constitute conclusive proof
of evident premeditation

There must be a demonstration of outward acts of a

criminal intent that is notorious and manifest
Mere suppositions or presumptions no matter how truthful cannot prove
evident premeditation
o
Example

Pump boat case

When there is a plan to kill not only the intended victim but also anyone who
would help put up any violent resistance, evident premeditation may still be
considered
o
Shown that the conspirators were determined to kill not only the
intended victim but also anyone who may help him put up a
violent fight
May exist even if at the time the offender determined to commit the crime, a
victim had not been identified
o
US vs. Manalinde

Reward pretty woman

Ordered to kill Spaniard and china man

Provided himself with a weapon

Journeyed 1 day and 1 night

Evident premeditation

Deliberately planned to kill although without a definite

person as intended victim
o
Does not apply when there is no evidence pointing to the fact that
the accused planned to kill any person who may cross his path

Act of bringing with him a knife in going to the plaza not

an indication that he did plan to kill anybody
Time the accused resolved to commit the crime is essential because the
lapse of time for the purpose of the third requisite is computed from such
date and time
What is sufficient time
o
Reasonable opportunity to ponder and reflect the consequences
of his acts

Note

Changes the killing to murder

Not aggravating when already an essential part of the felony
o
Example

Fire in arson

13. That the act be committed with evident premeditation

Basis
o
Greater criminal perversity

Tenacious persistence to commit the crime

Nature
o
Qualifying aggravating
Evident premeditation

Execution of the act was preceded by

o
Cool thought and reflection
o
Upon the resolution
o
To carry out the criminal intent
o
During a space of time
o
Sufficient to arrive at a calm judgment

Primarily a state of mind

o
Presence or absence can only be determined by the accuseds
external or overt acts

Requisites
o
The time the offender determined to commit the crime
o
An act manifestly indicating that the offender clung to his
determination
o
A sufficient interval of time between the determination and the
execution of the crime to allow him to reflect upon the
consequences of his act and to allow his conscience to overcome
the resolution of his will
Note

Mere suspicion that the accused took his gun and looked for the deceased
with murder in his heart is not sufficient
o
Must establish

Time

Act

Sufficient interval of time

Contemplates cold and deep meditation and tenacious persistence in the

accomplishment of the criminal act
o
Deliberately planned to commit
o
Continuously followed it

50

o
Ample time to allow his conscience to overcome his evil design
o
Varies on the circumstances
Animosities, grudges or hostile posturing does not per se warrant a finding
of evident premeditation
Two and a half hours
o
Sufficient lapse of time
Threats to kill does not necessarily prove evident premeditation
Evident premeditation can exist independently of the aggravating
circumstance of price, reward or promise
o
May have existed without the former
o
No incompatibility
Not inherent with robbery and homicide

No evident premeditation

Evidence rests on mere conjecture

If the accused did not know of the intended killing until her was ordered by
his brother to go with him to the house of the deceased
o
Knew of the plan only when his elder brother told him of the
matter

If the accused did not know that the victim would run and the latter was shot
as he was running away
o
No sufficient time to reflect or a period of cool thought to set in

If the deceased was not the intended victim

o
Incorrect victim

No proof of the time when the intent to commit the crime was engendered in
the mind of the accused

Accidental encounter

Spur of the moment

Not proved beyond reasonable doubt

When the fatal assault followed closely a previous incident between the
accused and the victim
o
Kicked water pail of niece and accused immediately confronted
him

14. That craft, fraud, or disguise be employed

Basis
o
Greater criminal perversity

Manner of commission of the crime

Nature
o
Generic aggravating circumstance

Denotes intellectual trickery or cunning resorted to by an accused to aid in

the execution of his design or to lure a victim into a trap and to conceal the
identity of the accused
Craft

Cunning or trickery
Chicanery resorted to by the accused to aid in the execution of his criminal
design
It is employed as a scheme in the execution of the crime

Examples

Pretending pacific intent in entering the house

Accused pretended to be a ranchero to gain entry into brigade 3B and kill

the deceased

Lured to a bridge for robbery and homicide because it was at the end of the
road and no one would or could pass because of the blasted condition of
the road

Note other examples in the book

No aggravating circumstance

Criminal design could have been carried out even without the chicanery

51

Fraud or deceit

Manifested by insidious words and machinations

Examples

Lured minor girl to go with him and look for her sister who was allegedly
waiting for the offended girl somewhere at a certain street

In the absence of the mother, he took the young girl away and told her she
was to be taken to the house of her godmother. Taken to another house
where she was raped

Convinced the victim that change of route was a necessity to drop a soldier
near a river bank

To be properly appreciated, it is necessary to evaluate

Physical condition of the parties

Arms or objects employed

Incidents in the total development of the case

Note:

No craft or fraud if there is nothing deceitful in the evidence presented

Disguise

Use of some device to prevent recognition

Examples

Use of mask to conceal crime

o
Still aggravating although the mask subsequently fell down and
was thus, identified

Not aggravating

Wearing greater portion of constabulary uniform, while it appears that some

of them had cloths wrapped about their heads, it does not appear that it was
done as a disguise but was following the custom of the country
Note:

Treachery absorbs the craft, fraud and disguise

15. That advantage be taken of superior strength or means be employed to weaken
the defense

Basis
o
Greater criminal perversity
o
Deliberately uses his superior strength in order to be assured of
the commission of the crime

Nature
o
Qualifying aggravating circumstance

Meaning of taking advantage of abuse of superior strength

Use of excessive force out of proportion to the means available to the

person attacked to defend himself
When abuse of superior strength is present

Notorious inequality of forces between the victim and the aggressor

Assuming a situation of superiority of strength notoriously advantageous for

the aggressor
Selected or taken advantage by him in the commission of the crime

There must be deliberate intent to take advantage of superior strength

Depends on several factors
o
Age
o
Sex
o
Size
o
Built
o
Weapon
o
Number
o
Strength
o
Simultaneousness
Not appreciated when there is no notorious inequality in strength between
the accused and the victim
o
Inequality must be notorious
o
Example of not notorious

Rape

Victim 14 years old

Aggressor 23
o
Threatened and chased and beat one of the children with a piece
of wood
o
Victim was slimmer/thinner while the accused was bulkier and
stronger

Not enough proof

Does not necessarily mean that slimmer/thinner be

physically weak, he could even be stronger

It must be proven that he took advantage of strength

Mere superiority in number is not enough, there must be proof to take
advantage of the same
o
Must deliberately take advantage thereof
o
Prove:

That the malefactors cooperated in such a way as to

secure advantage from their superiority in strength
Number of assailants if ARMED may be considered as a qualifying
circumstance of abuse of superior strength

52

o
7 NPA against AFP brothers
o
Unarmed victim against 4 armed assailants
o
4 restraining the victim while 1 stabbed the deceased thrice

Not aggravating in parricide

Inherent in rape
o
Generally accepted that a man who commits rape against a
woman is physically stronger than the latter

May still be aggravating in the following

o
Grave coercion
o
Forcible abduction with rape
o
Abduction through violence with rape

Essentially inconsistent when only one of the three accused is the principal
and the others are accomplices only
o
Principal cannot be said to have taken advantage of abuse of
superior strength

Treachery absorbs abuse of superior strength

When attach is not made with aleviosa, number or aggressors and the
simultaneousness of the attack upon a defenseless person may constitute
abuse of superior strength

Band and abuse of superior strength are separate and distinct legal
concepts
Band
Abuse of superior strength
More than 3 armed malefactors
Taking advantage of ther collective
strength to overpower their relatively
weaker victim or victims
At least four
Gravamen:
All of them must be armed
Taking advantage by the culprits
collective strength to overpower their
relatively weaker victim or victims
Taken into account:
Physical might vis--vis the offended
party and not the number nor arms

Must be alleged in the information

Not aggravating

If the health, strength, agility, and superiority actually lies not with the
accused but with the victim
o
79 year old accused with longer bolo against younger victim who
was also armed

Accused did not conspire to kill the victim

o
Proves that they did not jointly exploit their superior strength

No marked difference in the built of the victim and the accused

Accused attacked the victim alternately, one after the other

Parricide
o
Husband is stronger than the wife cannot be appreciated
o
Inherent

Examples

33 years old against 63 years old

Big, burly and matured woman against teenager who is slim and poorly
nourished

Man with weapon against 411 girl

Two mean against 52 year old woman

33 year old man with pair of scissors against young woman of 15 years

Younger and stronger aggressor with weapon against 8 year old boy and
woman

Bulky and muscular 57 man against 53 woman

Man with deadly weapon against 58 year old woman sleeping

Armed man against unarmed defenseless woman

29 year old against 69 year old

Shot pregnant woman in a hammock in cold blood

Using a weapon which is out of proportion to the defense available to the

offended party
Means employed to weaken the defense

Basis
o
Greater criminal perversity
o
Persistent determination to commit the crime by weakening the
victims defenses

Nature
o
Qualifying aggravating
Examples

Suddenly throwing a cloak over the head of the opponent and wounds or
kills him

First intoxicated before murdered

Robbery with rape

o
Members of the household were hogtied by electric cords and
gagged with pieces of cloths
Note:

Absorbed by treachery
Must be alleged in the information

16. That the act be committed with treachery (aleviosa)

53

There is treachery when the offender commits any of the crimes against the
person, employing means, methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without risk to himself arising from
the defense which the offended party might make

Basis
o
o
Nature
o
o

Greater criminal perversity

In manner in which the crime be committed

Qualifying

Elevates the killing to murder

Specific

Only against persons

Treachery

Offender commits any of the crimes against persons

Employing means, methods or forms in the execution thereof

Which tend directly and specially to insure its execution

Without risk to the offender

Arising from the defense which the victim might make

Essence of treachery

Attack is
o
Deliberate and without warning
o
Done in a swift and unexpected way
o
Affording the hapless, unarmed and unsuspecting victim no
chance to resist or escape

Attack was executed in such a manner as to make it impossible for the

victim to retaliate
Tests whether or not treachery is present

Was the attack sudden and unexpected

Was the victim given an opportunity to defend himself, retaliate, or to repel

the attack or escape

Was the mode of the attack consciously adapted

Note:

Must be proved by clear and convincing evidence

Treachery is ever presumed
o
No case rest upon presumptions, no matter how reasonable or
probable, but must be based on facts of unquestioned existence
o
Cannot be presumed from the physical appearance of the
cadaver, there must be strong evidence of how the crime

Commenced

Developed

Ended
Treachery does not automatically attach simply because the attack came
from behind. Treachery may be present by reason of the fact that the
murder victim was unarmed and the attack was so sudden and executed in
such a manner as would ensure the assailants that no retaliation could be
offered by the victim against them
Cannot be appreciated simply because it was sudden and unexpected if
o
Done impulsively
o
Accidental
o
Not deliberately planned
o
No preparations
o
Chance encounter
o
Spur of the moment
o
Attack was not preconceived
Fact that victim was forewarned does not exclude treachery
o
What is decisive is that the execution of the attack made it
impossible for the victim to defend himself or to retaliate
When the attack is continuous and uninterrupted, treachery to be
considered aggravating, must be present at the inception or commencement
of the attack
o
If absent in the inception and the attack is continuous, treachery,
even if present at a subsequent stage, is not to be considered
o
Present at the onset of the attack
o
Example
There is treachery in a frontal attack when the same is
o
Sudden and unexpected and
o
The victim was not given a chance to defend himself, repel the
attack, retaliate or evade.
Treachery is present if the accused held fast the deceased from behind and
the other accused assaulted him
Lack of intent to commit so grave a wrong as that committed may co-exist
with treachery
o
Hit in the head and died
Mode of the attack must not have sprung from an unseen occurrence but
must be thought of by the accused
Fact that the accused fired his gun from behind the victim does not by itself
amount to treachery
o
No evidence that the accused deliberately positioned himself
behind the victim to gain advantage over him when he fired the
shot
When there is conspiracy
o
Considered against all the accused

54

Absence of conspiracy
o
Only against the person who had knowledge of the same at the
time of the execution of the crime or his cooperation therein
Plan to kill the victim without risk to the accused may be inferred from the
overt acts that the latter committed
o
Designation of the respective roles that the two men would play in
committing the crime
o
The act of carrying a weapon to be used against the victim
Must be alleged in the information
There must be clear and convincing evidence of how the aggression was
made, how it began and how it developed
When the aggression is interrupted and can be divided into two or more
stages, it is enough that treachery was present at the time the fatal blow
was inflicted
o
US vs. Baluyot

Fired a pistol

Fled and hid in a closet where he shouted for help

Shot through the closet and died

A single and continuous attack cannot be divided into stages to make it
appear that treachery was involved

Examples of treachery (w/ requisites)

Attacking a child of tender years

o
Due to their weakness

Attacking sleeping victim

Attacking a victim who just woke up

Victims hands were tied before he was stabbed

Not aggravating

Victim had the opportunity to counter or evade the attack or to escape

o
Distance provided chance to escape
o
Warning given

Victim could easily avoid the attack by fleeing from the accused

If the mode of the attack was not consciously adapted

o
Impulsively done
o
Spur of the moment
o
Anger or extreme annoyance and not deliberately planned

Victim had just been aroused from his sleep when attacked
o
Only spur of the moment

Not show
o
How the aggression commenced

How the acts causing injury/death began and developed

This circumstance is not supported by proof of a deliberate and
conscious adoption of the mode of attack
Prosecution only proved the events after the attack happened, but not the
manner the attack commences, or how the act which resulted in the victims
death unfolded
No treachery, if the second stabbing was done during the struggle
o
First

For successful perpetration of the rape

o
Second

After the consummation of her defilement

o
Second stabbing is a separate and a distinct offense as it was not
necessary to commit rape
o
Attack was not sudden, unexpected, swift, deliberate and without
warning
No treachery if the fatal wound was inflicted as part and a continuation of a
single aggression
o
Four stab wounds in the front
o
Stab wound in the back was made while the victim was running
away
No treachery if the wound was inflicted during a frontal and hand-to-hand
clash between the groups who were fighting each other
o
Thrust on the abdomen of the victim who was then held prostate
in the ground was merely a phase of an attack which in its
inception was not treacherous
o
o

Treachery may absorb other aggravating circumstances

Taking advantage of public position

Abuse of superior strength

Nighttime

Abuse of superior strength, aid of armed men and nighttime

Abuse of superior strength and aid of armed men

Band and abuse of superior strength

Craft, fraud and disguise

By taking advantage of superior strength, with the aid of armed men or by

employing means t weaken the defense

Taking advantage of public position, abuse of superior strength and

nocturnity
17. That means be employed or circumstances brought about which add ignominy to
the natural effects of the act

Basis
o
Greater moral depravity on the part of the accused

55

o
Nature
o

Shown by the manner of committing the crime

Qualifying aggravating

Moral suffering

Ignominy

Circumstance pertaining to the moral order, which adds disgrace and

obloquy to the material injury caused by the crime
Ignominy is grave coercion

When the removal of the old womans drawers could have no other purpose
but to put her to shame and have no direct bearing on the result sought by
the accused
Not aggravating

Mere fact that the accused fired at the prostate body of the victim

If nothing in the record shows that before the deceased died he/she was
subjected to such indignities as would cause shame or moral suffering

Victim already dead when the ignominious act was committed

o
It is required that it be committed in such as manner as to make it
more humiliating to the victim, that is, add to his moral suffering
o
Example

Dead when already dismembered

Slicing of left leg

Crime was committed in a public place and in the presence of many

persons
o
Did not necessarily make the effects of the crime more humiliating

Intention of the accused was shown to be the commission of sexual abuse

on the victim as an act of revenge for his similar experience as a child
o
Not to put the child in shame but to eliminate the only witness to
his crime

If it was not proven and brought about only in cross examination

Accused committed the act in a desire to avenge his brother

No means was employed nor did any circumstances surround the act
tending to make the effects of the crime more humiliating
o
Example

Husband murdered in the presence of his wife

Not alleged in the info

Ignominy in rape

Blisters in pubic area from lighted cigarette

Inserted penis in her anus

the same position as dogs do

Raped in the presence of her alleged husband who was hogtied and was
beside her on the floor
In the presence of her father, betrothed or husband
Exhibit to the rapists her complete nakedness before the rape
Plastered mud on private parts
Tied banana fiber to penis and inserted into pregnant womans vagina
Raped daughter then mother in one place then another

Ignominy in treason

Arresting and maltreating a guerilla suspect by stripping his wife of her

clothes and then abusing her

Rape, wanton robbery and other forms of cruelty

18. That the crime be committed after unlawful entry
There is unlawful entry when an entrance is effected by a way not intended for
the purpose

Basis
o
Greater criminal perversity displayed by the accused who defiles
protective covers set up by man for his personal safety

Nature
o
Generic
Unlawful Entry

When an entrance is effected by a way not intended for the purpose

Example

Breaking windows in forcible abduction with rape

Second floor window in robbery with homicide

Note

Must be used as a means of entrance and not for escape

Absorbs breaking down a wall
Must be alleged in the information

Inherent in

Violation of domicile
o
Public officer or employee not authorized by a judicial order shall
enter a dwelling against the will of the owner thereof, search
papers or other effects without previous consent of such owner, or
having surreptitiously entered said dwelling, and being required to
leave the premises, shall refuse to do so

Evasion of service of sentence

56

o
Jailbreaking
Trespass to dwelling
Robbery in an inhabited place, public building or place dedicated to religious
worship
Robbery with homicide
Robbery in an uninhabited place or in a private building

19. That as a means to the commission of a crime a wall, roof, floor, door, or window
be broken

Basis
o
Greater criminal perversity on the part of an accused who has to
break a wall, roof, floor, door or window as a means to commit the
crime

Nature
o
Generic aggravating
Note

Must be used as a means to commit the crime

Distinction from unlawful entry
o
Unlawful entry

When entrance into a building is made by a way not for

the purpose of entry

Inherent in

Robbery in an inhabited house or public building or edifice devoted to

religious worship

Robbery in an uninhabited place or in a private building

20. That the crime be committed with the aid of persons under fifteen years of age, or
by means of motor vehicles, airships, or other similar means

Basis
o
Greater criminal perversity

Aid of person under 15 years

Use of motor vehicles, airships and similar means

o
To facilitate the commission of the crime

Nature
o
Generic
o
Use of motor vehicles

Qualifying
Examples of aid of minors under 15 years

Stole cellphone then handed the same to 12 year old boy who immediately
fled

Motor vehicle

Must use the motor vehicle in going to the place of the crime

Carrying the effects thereof

Facilitating the escape

Examples

Strategic seating positions in tricycle to stab the victim then cleaned the
tricycle by washing the blood off

Bumped with jeep, jumped off then stabbed victim

Car used to overtake and block victims car, car contained a pick and shovel
used in digging the grave

Rape in taxi cab

Abducted complainant by taxicab and brought her to the place where she
was raped

Kidnapping and serious illegal detention

Not aggravating

No showing that the motor vehicle was purposefully used to facilitate the
commission of the crime or not shown that without it the offense charged
could not have been committed

When merely incidental and was not purposefully sought to facilitate the
commission of the offense or to render the escape of the offender easier
and his apprehension difficult
o
Must be deliberately utilized by the accused

Not alleged in the information

21. That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for its commission

Basis
o
Greater criminal perversity
o
Causing another wrong not necessary for its commission

Nature
o
Qualifying aggravating
Cruelty

When the culprit enjoys and delights

Making his victim suffer
o
Slowly and gradually
Causing him unnecessary physical pain in the commission of the criminal
act

Test of cruelty (ensanamiento)

57

Whether the accused deliberately and sadistically augmented the wrong by

causing another wrong not necessary for its commission or
Inhumanely increased the victims suffering or outraged or scoffed at his
person or corpse
Accused enjoyed and delighted in making the victim suffer slowly and
gradually causing him unnecessary physical or moral pain in the
consummation of the criminal act

Examples

Poured hot liquid prior to the murder

Numerous wounds before murdered

Torture and intimidation

Inserted a cassava trunk inside private organ of weak and dying girl

Strangulating and setting on fire after having struck him twice on the head

Cutting the ear before murdered

Note

Number of wounds suffered not the test

o
Do not prove that the accused deliberately inflicted the injuries to
prolong unnecessarily the physical suffering of the victim
Rape may be aggravating in murder as a form of cruelty
Cannot be presumed

Not aggravating

Prosecution did not show that the accused enjoyed inflicting injuries upon
the victim

Criminal acts were caused by the drugs that diminished the accused mental
capacity
o
Caused by drugs and not sadism

Intention was not to make the victim suffer but the conceal the corpus delicti

Committed solely to insure death and to conceal the corpus delicti

o
Tampered with bullet wounds to make them appear as bolo
wounds in order to conceal a gun was used to kill

If the acts were committed after the victim died

o
The victim should still be alive

When the acts were committed after the victim died and the operation was
conceived slowly for the purpose of facilitating the sinking of the cadavers
and preventing their discovery
o
Disemboweled when already dead for the purpose of facilitating
the sinking of the cadavers to prevent their discovery

When the accused kicked to check if the victim were still alive and not for
the purpose od augmenting the victims sufferings

Directed against an animal owned by the family of the deceased

o
o

Hacked the carabao and killed the cow and goat

Do not augment the sufferings of the victim

Ignominy vs. Cruelty

Ignominy
o
Induces moral suffering

Cruelty
o
Induces physical suffering
Outrage or scoffing at the person of the victim or his corpse as a qualifying
aggravating circumstance
Outrage

To subject to gross insult

Scoff

To show contempt, by derisive acts or language

Must already be dead
Alleged in the information
May be deducible from the information
o
Even if not alleged in the information
No scoffing

If there is no proof that the purpose of the accused was to insult the victim of
to show contempt for the dead

If the fact relied upon is based on speculation

Examples of scoffing

Anal intercourse when she was already dead

Dismemberment of the dead body

Dumped body in ravine

Cut penis of the victim

Decapitated and showed severed head to the neighbors

Scoffing vs. Ignominy

Scoffing
o
Dead
o
To show contempt

Ignominy
o
Alive
o
Induce moral suffering

58

ALTERNATIVE CIRCUMSTANCES
Art. 15 Their concept Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating circumstances according to the nature and
effects of the crime and the other conditions attending its commission. They are the
relationship, intoxication, and the degree of instruction and education of the offender

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

The intoxication of the offender shall be taken into consideration as a mitigating

circumstance when the offender has committed a felony in a state of intoxication, if the
same is not habitual or subsequent to the plan to commit said felony but when the
intoxication is habitual or intentional, it shall be considered as an aggravating
circumstance
Alternative circumstances

Relationship

Intoxication

Degree of instruction or education of the offender

Relationship

Spouse

Ascendant

Descendant

Legitimate, natural or adopted brother or sister

Relative by affinity in the same degrees of the offender

RPC silent as to when relationship is mitigating and when it is aggravating

Depends upon the nature and effects of the crime and other conditions
affecting its commission

General rule
o
Mitigating in crimes against property
o
Exempting in crimes of theft, swindling and malicious mischief
o
Aggravating in crimes against chastity and rape

Rape now a crime against persons

Intoxication

Alternative circumstance because it impairs the exercise of ones will power

o
Will power impaired
o
Resistance to evil thoughts is lessened
Aggravating
Habitual
Subsequent to the plan to commit a
felony

Aggravating is accused if brother in law

Not aggravating
Not habitual
Not subsequent to the plan to commit the
felony

Habitual drunkard

One given to intoxication by excessive use of intoxicating drinks

o
Lessens individual resistance to evil
o
Undermines will-power making its victim a potential evil-doer
Note

Note

Not aggravating is accused is stepbrother of the stepsister victim

o
Not related by blood nor affinity
Neither aggravating or mitigating if the uncle inflicts physical injuries on his
niece
o
Not within the enumeration
Aggravating when the offender and the offended party are relatives of the
same level such as killing a brother
o
Aggravating in crimes against persons when the offender and
offended party are relatives of the same level such as killing a
brother
In murder, relationship is aggravating when
o
Victim is the father in law
o
Offenders are the father in law and brother in law
o
Offender is the stepson of the victim

Presupposes a valid marriage

Relationship by affinity
Enumeration is EXCLUSIVE
Inherent in parricide
Must be alleged in the information

Amount of alcohol must be so intoxicating as to diminish a mans rational

capacity
Must be proved by clear and convincing evidence to aggravate the crime
o
In the absence of which, presumed to be unintentional or not
habitual
Requirements of intoxication

59

At the time of the commission of the offense, he has taken such

quantity of alcoholic drinks as to blur his reason and deprive him
of a certain degree of self control
o
Such intoxication is not habitual or subsequent to the plan to
commit the felony
Neither aggravating nor mitigating in the following
o
Not shown in medical certificate
o
No showing that it was habitual or intentional
o
No proof of amount of liquor taken
o
No proof the accused is a habitual and excessive drinker
o

Degree of instruction and education of the offender

Lack of sufficient intelligence

Not mitigating in cases of robbery, theft or homicide

No one, however unschooled, is so ignorant as not to know it is inherently

wrong and a violation of the law
Test

Lack of sufficient intelligence and knowledge of the full significance of ones

acts not illiteracy

Absence of superior knowledge aggravating

Example
o
Doctor who poisons a man
Examples

Mere wage-earner could not sign her statement before the police and had to
affix thereto her thumb mark

Can neither read nor write

Ignorant and unschooled

Accused finished grade one or grade 2

o
Must be unschooled
Not mitigating in treason

Love of country should be a natural feeling of every citizen however

unlettered or cultured he may be
Accused has the burden of proving, by competent evidence, illiteracy or lack of
instruction as a mitigating circumstance
Cannot be based on mere deduction or inference

60

1.
2.
3.

PERSONS CRIMINALLY LIABLE

Art. 16 Who are criminally liable The following are criminally liable for grave and less grave felonies
1.
2.
3.

Principals
Accomplices
Accessories

The following are criminally liable for light felonies

1.
2.

Principals
Accomplices

Note

Only natural persons can be criminally liable

o
Only natural persons are capable of acting by means of deceit or
fault, malice or negligence (juridical persons are incapable of
such)
o
Only natural persons can suffer imprisonment or deprivation of
liberty (juridical persons fine or suspension of license only)
Juridical persons cannot be held criminally liable
o
Criminal responsibility must be borne by the officers managing or
operating the enterprise who participated in the commission of the
crime
o
Juristic person cannot act with mens rea
Juridical persons can bring a criminal action
o
May acquire and possess properties of all kinds
o
Incur obligations
o
Bring civil and criminal actions

Art. 17. Principals - the following are considered principals

1.

Those who take a direct part in the execution of the act (principal by direct
participation
Those who directly force or induce others to commit it (principal by
inducement)
Those who cooperate in the commission of the offense by another act
without which it would not have been accomplished (principal by
indispensible cooperation

Those who take a direct part in the execution of the act (principal by direct
participation

Principal by direct participation

One who takes a direct part in the execution of the crime

o
Actually kills
o
Had carnal knowledge
o
Unlawfully took
Not indispensable that the act of agreement be demonstrated, the fact of
agreement must nevertheless be convincingly shown

There must be unity of purpose and unity in the execution of the unlawful
objective
Conspiracy

All conspirators are equally liable as principals by direct participation, no

matter how minimal the participation may be

Unnecessary to pinpoint who inflicted the fatal blow since the conspirators
are equally liable as conspirators, regardless of the extent of their
contributory participation

May be implied from the circumstances surrounding the commission of the

crime (acting in concert for the same purpose and objective)
o
Agreement
o
Decision to commit
o
Overt act

Not necessary when the accused takes a direct part in the commission of
the offense

In the absence of conspiracy, an accused may be held liable only as an

accomplice and not as a co-principal if he had knowledge of the criminal
resolution
o
No agreement or understanding but participates at some point in
the commission

May be inferred from the overt acts in the commission of the crime
o
Before
o
During

61

2.

o
After
It is enough that their individual acts, although separate and distinct, must
indicate
o
Personal association
o
Close relation or connection
o
So as to show

Concerted action

Community of criminal purpose

Joint criminal design or objective

Mere presence at the scene does not make one into a conspirator
o
Except

Provided moral support and reinforce the aggression

Implied conspiracy
o
Acts, words, remarks or language uttered by the accused before,
during or after the commission of the crime
In the absence of conspiracy
o
Liable individually and only up to the extent of his participation in
the commission of the crime
Must be established by clear and convincing evidence
Mere presence at the scene and shout to kill does not show conspiracy.
Accused is liable as an accomplice
In case of doubt
o
Liable only as an accomplice

Those who directly force or induce others to commit it (principal by inducement)

Principal by inducement

One who directly forces or induces another to commit a crime

Does not have to take part in its material execution

Conceives the perpetration, calls a meeting and persuades them to carry

the purpose into effect and is present at the time of the consummation
How may a person be induced to commit a crime
1. By offering a price, reward or promise
2. By using words of command
When does inducement exist

When the act performed by the physical author or the crime is determined
by the influence of the inducer over the mind of him who commits the act
whatever the source of such influence.

Inciting words must have great dominance and influence over the person
who acts
o
They ought to be direct and efficacious
o
Powerful as physical or moral coercion or violence itself

Requirements of inducement

Precede the commission of the crime

Direct and determining cause of the crime

Offered with the intention of producing the result

What constitutes direct inducement

Advice or words which have

o
Great dominance or influence
o
Direct and efficacious as physical or moral coercion or violence
itself
Acts or utterances

Precede the commission

Determining cause of the crime or done with the intention of producing the
result thereof
o
Offered precisely with the intention of producing the result
Inducer must have the most positive resolution and the most persistent effort to secure
the commission of the crime

Induce the strongest kind of temptation to commit the crime

Must have the intention to execute the crime

The accused who merely assented to the criminal conspiracy out of respect and fear,
and after the murders were committed merely attended a feast by was of custom, may
not the considered as authors by inducement or as accomplices

Did not cooperate

No influence over principals of direct participation

Not sufficient inducement

Take care of the two

Imprudent words without expectation

Stab him! Stab him!

o
Did not do anything more than say these words except to be
present at the fight
o
Not to the extent that they may be considered as a principal and
moving cause of the effect produced

Imprudent and ill-conceived advise to a woman against her husband

Kill him and we will bury him

o
Mere imprudent utterances said in the excitement of the hour or in
the heat of anger
o
Andiyan na

Semblance is still a semblance and it cannot take the

place of facts

62

Equivocal meanings

Imprudent utterances, exciting or encouraging words or remarks made AFTER the

mortal blow has been inflicted, do not make one a principal by inducement

No inducement

Needed no exhortation to persuade him to kill

Needed no prodding or instigation

An accused may be BOTH a principal by direct participation and inducement

Proposed crime and stood by the stairs to insure companions would not get
caught

3.

Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished (principal by indispensible
cooperation

Principal by indispensable cooperation

One who having direct participation in the criminal design

Cooperates in the commission of the crime

By committing another act

Without which the crime would not have been accomplished

Requisites

Participation in the criminal resolution

o
Anterior conspiracy or
o
Unity of criminal purpose and intention immediately before the
commission of the crime charged

Cooperation in the commission of the offense by performing another act

without which it would not have been accomplished
Accused must unite with the criminal design of the principal by indispensable
cooperation

Assistance knowingly or intentionally rendered without which cannot exist

without previous cognizance of the criminal act intended to be executed

Unite with criminal design

If contributory acts were made after the crime was committed, the accused cannot be
considered to be a principal by indispensable cooperation
Not principal by direct cooperation

Kicking the victim before he was stabbed

o
After kicking, remained where he was and did not cooperate
o
No conspiracy

Opening the gate upon hearing a knock

No convincing proof that there was knowledge of the nefarious

plan
Merely introducing somebody to the principal by direct participation is not
evidence of indispensable cooperation
o
Nominal role
Forcing the victim to drink beer with her would be rapist is not an act of
indispensable cooperation
o
Could have consummated the act of rape even without consent of
the other to force ABC to drink beer
Presence of the accused with a stick when his companions assaulted the
victim with his own stick
o
Liable only as an accomplice
Joining the brother in stoning the victim and preventing the latters wife and
neighbors from giving succor
o
Cooperation was not indispensable, only accomplices
Convincing the rape victim to come with her until she received the money
from the rapist is not an act of indispensable cooperation
o
Could still have been raped even without accompanying rape
victim
o

Raised suspicion does not make an accused a principal by indispensible cooperation

Prosecution failed to establish that the accuseds acts were of such

importance that the crime would not have been committed without him or
that he participated in the actual murder
An accused may be both a principal by direct participation and a principal by
indispensable cooperation

Example
o
Assisting in rape principal by indispensable cooperation
o
Raping the victim herself principal direct participation
Art. 18. Accomplices Accomplices are the persons who, not being included in Article
17, cooperate in the execution of the offense by previous or simultaneous acts
Accomplices

Person who, not being included in Article 17 as a principal by direct

participation, by inducement or by indispensible cooperation, cooperates in
the execution of the offense by previous or simultaneous acts

One who knows the criminal design and cooperates knowingly or

intentionally therewith by an act which, even if not rendered, the crime
would be committed just the same
Elements

63

1.
2.

Community of criminal design, that is, knowing the criminal design of the
principal by direct participation
Performance of previous or simultaneous acts which are not indispensable

Example

Hitting the victims companion with a piece of would to prevent him from
helping the victim is an act of an accomplice
Participation presupposes that the principal and the accomplice acted in conjunction
and directed their efforts to the same end

Knowledge of the criminal intention

Complicity as evidence by
o
Simultaneous or previous acts

Which contribute to the felony

Note

Performing overt acts, which by themselves, are acts of execution makes

one a principal by direct participation and not merely an accomplice

Previous acts of the accomplice should not be indispensible, otherwise, she

would be liable as a principal by indispensable cooperation
o
Mother consented to daughters rape case by forcing her to drink
beer
Look-out

Principal by direct participation

o
If there is conspiracy

Accomplice
o
Not part of the conspiracy or the resolution to commit the crime
o
Example

Merely approached by the robbers who was tasked to

look for a get away vehicle

Not with the robbers when they resolved to commit the

felony

No showing that he took part in the planning or the

execution of the crime or any proof indicating that he
profited from the fruits of the crime, or of the acts
indicative of confederacy on his part
Note

One who has not taken a direct part in the fatal assault is an accomplice
In the absence of conspiracy or participation
o
Examples

The one who was holding the victim by the arms at the
time the slayer fired the fatal shot are both accomplices

Aiding the actual killers by casting stones and

distracting his attention is done by an accomplice
Looking for a banca that was eventually used by the
robbers makes one an accomplice in the absence of
conspiracy
Driving a taxi cab in which the three drivers rode
Pre-arranged signal to another accused may make one
an accomplice

Flicking of lighter as signal for attack and

hacked right side of waist to finish what
brother started

In the absence of complicity between the accomplice and the author of the crime, the
person purported to be an accomplice may not be held criminally liable

Complicity
o
Participation to do a wrongful act

Principal element of every punishable complicity

o
Concurrence of the will of the accomplice with the will of the
author of the crime
o
Which presupposes the mediate or immediate agreement of both
to carry out the commission thereof

If no concurrence
o
Not liable as an accomplice

Mere presence at the scene does not make one into an accomplice
o
There must be acts of aid and assistance

Prior to or

Simultaneous with the commission of the crime

o
Rendered knowingly for the principal

Utterances are not sufficient to fix complicity upon a person charged as an

accomplice, where other facts show that the spokesman did not speak said
words with the intention that the person slain should be wounded

Examples of no conspiracy and no concurrence of the will

The person only took sides

o
No conspiracy
o
No evidence that he joined the commission of the homicide

Brothers holding down a man during a quarrel, father appeared and stabbed
the man
o
No concurrence of the will of Isidro and Clemente

Sudden and unexpected infliction of mortal injuries with a club upon the
person being held down by another
o
No concerted action
o
No reason to believe homicidal attack was about to be made

64

or accomplices, take part subsequent to its commission in any of the following

manners:

Conspirator
Take part in the criminal intention or
design
Decided that a crime should be
committed
Authors of the crime

Accomplice
Merely agree to cooperate in
execution of the criminal design
Merely concur and do not decide

Principal by direct participation

Decide whether the crime should be
committed

Accomplice
Knowing the criminal design of the
principal and concurs with the latter in his
purpose
Performance of previous or simultaneous
acts that are not indispensable to the
commission of the crime

the

1.
2.

Instruments who perform acts not

essential to the perpetration of the
offense
Both know and agree with the criminal design

Act of execution

PD 532 Anti- Piracy and Anti-Highway Robbery Law

Any person who

o
Knowingly and in any manner aids or protects pirates or higway
robbers/brigands, or
o
Acquires or receives property taken by such pirates or brigands or
o
In any manner, derives any benefit therefrom or
o
Directly or indirectly abets the commission

Shall be liable as an accomplice

Certain accomplices to be punished as principals in certain crimes against chastity

Ascendant, guardian, curator, teacher and any person who by abuse of

authority or confidential relationship shall cooperate as an accomplice in
o
Rape
o
Acts of lasciviousness
o
Qualified seduction
o
Simple seduction
o
Acts of lasciviousness with consent of the offended party
o
Corruption of minors
o
White slave trade
o
Forcible abduction
o
Consented abduction
Art. 19 Accessories Accessories are those who, having knowledge of the
commission of the crime, and without having participated therein, either as principals

3.

By profiting themselves or assisting the offender to profit by the effects of

the crime
By concealing or destroying the body of the crime, or the effects or
instruments thereof, in order to prevent its discovery
By harboring, concealing, or assisting in the escape of the principal of the
crime, provided the accessory acts with abuse of 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

Accessory

One who does not participate in the criminal design

Nor cooperates in the commission of the crime

But with knowledge of the commission of the crime he subsequently takes

part in 3 ways
1. Profiting or assisting the offender to profit
2. Concealing the body, effects or instruments of the crime in order
to prevent its discovery
3. Assisting in the escape or concealment of the principal
a. Public officer
i. Any crime
b. Private individual
i. Murder
ii. Attempt against the life of the president
iii. Parricide
iv. Treason
v. Habitually guilty of some other crime
Requisites

Knowledge of the crime

Did not take part in its commission as a principal or accomplice

Took part subsequent to its commission in any of the three ways

enumerated in Art. 19
1.

By profiting themselves or assisting the offender to profit by the effects of the

crime

Note:

Knowledge of the commission of the crime is necessary to make one an

accessory after the fact
o
Knowledge and either

Availed himself of the stolen property or

65

Aided the thieves or

Performed acts tending to prevent discovery of the
crime or to

Protect the principal

Profits or assists in profiting
Received property from another knowing it had been stolen
o
Example

Received two stolen carabaos and used them in his

farm knowing it was stolen

Receiving part of the ransom money even if did not

have a direct hand in the crime

Receiving part of the stolen goods

By assisting the offender to profit
Received the carabaos with instructions to sell them in order to afterwards
divide it between them the proceeds of the sale
One who disposes (returns) of stolen property after he is informed of its
character by demand for its return to the owner is guilty as an accessory
even if he did not know that the property was stolen at the time it came into
his possession
A keeper who accepts stolen articles for deposit is an accessory
o
Assisted in profiting
The individual in whose possession a stolen article is found is the principal
in the crime of robbery or theft
o
EXCEPT

Should prove who was the actual author thereof and

that as a bearer or holder he is merely an accessory

X satisfactory explanation showing how he possessed

the same

Without documents to justify ownership

ANTI FENCING LAW

Fencing

Act of any person who, with intent to gain for himself, or for another, shall
o
Buy
o
Receive
o
Possess
o
Keep
o
Acquire
o
Conceal
o
Sell
o
Dispose
o
Or shall buy and sell

Anything of value which he knows, or should be known to him to have been

derived from the proceeds of the crime of robbery or theft

Elements

A crime of robbery or theft has been committed

The accused who is not a principal or an accomplice in the commission

shall
a. Buy
b. Receive
c. Possess
d. Keep
e. Acquire
f.
Conceal
g. Sell
h. Dispose
i.
Or shall buy and sell
j.
Or in any manner deals in any
i. Article
ii. Item
iii. Object
iv. Anything of value
k. Which has been derived from the proceeds of the said crime

Knows or should have known that the said article, item or object has been
derived from the proceeds of the crime of robbery or theft

There is intent to gain for himself or another

Notes

Malum prohibitum
o
Intent immaterial
Prima facie presumption of fencing from evidence of possession of the item
which ahs been the subject of robbery or theft
Need to prove the accused knew or ought to have known that the thing was
a fruit of the theft of robbery

Accessory in the RPC and AFL

Enacted to impose heavy penalties on persons who profit by the effects of

the crimes of robbery and theft

Separate and distinct crimes

State may choose to prosecute him either under the RPC or AFL

Preference for AFL inevitable

o
Malum prohibitum
o
Presumption of fencing
o
Higher penalty
ANTI-HIGHWAY ROBBERY LAW

66

2.

3.

Any person who knowingly and

In any manner aids or protects pirates or highway robbers/brigands such as
o
Giving them information about the movement of police or other
peace officers of the government
o
Acquires or received property taken by such pirates or brigands
o
Derives any benefit therefrom
o
Directly or indirectly abets the commission of piracy or highway
robbery or brigandage,
Shall be considered as an ACCOMPLICE of the principal offenders and be
punished in accordance with the rules prescribed by the RPC

Concealing the body, effects or instruments of the crime in order to prevent its
discovery

Example
o
Making it appear that the deceased was armed and thus it was
necessary to kill him
o
Dumping gun in a garbage barrel to prevent discovery
o
Hiding or disposing the body of the victim
o
Burying the bodies of the deceased

Penalty two degrees lower

Not an example
o
Bringing the body of the deceased to the foot of the stairs and
leaving him there for anyone to see is not the act of an accessory
o
Knowing where the principal hid the murder weapon does not
make one an accessory

Does not imply that he concealed it to prevent its

discovery
o
Mere presence at the time the seized logs were turned over by
the DENR officers and the fact that the seized logs were placed
behind his fathers house do not make one an accessory in a
prosecution for malversation of public property through
negligence or abandonment

Not enough proof of complicity

Not sufficient to make one an accessory

Examples

Public officer
o
Failed to effect the immediate arrest and to conduct a speedy
investigation

Giving false information to mislead authorities

Throwing victims dead body into the river

Driving the principal by direct participation in the crimes of murder and

homicide in his jeep to another place until he was arrested

Warning the witness who was able to identify the murderers of her husband
not to tell anyone or else she will be killed makes the wife an accessory
because she assisted in the concealment or escape of the principal

Assisting by driving his bicycle with the principal

Not an accessory

Mere silence while having knowledge

Refraining from reporting an offense to the proper authorities

Mere fact that one does not denounce the perpetration of a crime to the
authorities is not a punishable offense

Mere presence at the time and place of the commission of the crime
Note

Assisting in the escape or concealment of the principal

Two kinds

Public officer
o
H/C/A in the escape of the principal
o
With abuse of his public functions

Private individual
o
Without abusing his public functions

H/C/A in the escape of the principal guilty of

Treason

Parricide

Murder

Attempt to take the life of the Chief Executive

Or is known to be habitually guilty of some other crime

Accused is a principal not an accessory if there is conspiracy

Responsibility of accessory after the fact is subordinate to that of the
principal
Determination of the liability of the accomplice or accessory can proceed
independently of that of the principal
o
Corresponding responsibilities or P/A/A are distinct from each
other
o
As long as he commission of the offense can be duly established
in evidence, the determination of the liability of the accomplice or
accessory can proceed independently of that of the principal
o
If principal is acquitted

X necessarily mean accessory also acquitted if

responsibility is duly proven
The identity of the assailant is of no material significance for the purpose of
the prosecution of the accessory

67

Even if the assailant cannot be identified, responsibility as an

accessory may still be established
If principal is acquitted under a justifying circumstance EXCEPT Par. 4
(State of necessity) then his acquittal carries with it acquittal of the
accessory
If principal is acquitted on the ground of exempting circumstance of
Accident then the acquittal carries with it the acquittal of the accessory.
Receiving a share in the consideration for the commission of the crime is an
act of an accessory and not of an accomplice
o

Examples

X accessory for not reporting fire is the fire was the result of an accident

Principal is minor or insane

o
Accessory may still be convicted if the crime was in fact
o
Established
Accomplice
X participate in the commission of the
crime as a principal

Accessory
X participate in the commission as a
principal or accomplice

Previous or simultaneous acts

Liable for light felonies
Penalty one degree lower than the
penalty prescribed by law

Acts subsequent to its execution

X liable for light felonies
Two degrees lower than the penalties
prescribed by law

PD 1829 PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION

OF CRIMINAL OFFENDERS

Failure on the part of the arresting officer to arrest the person of the
accused makes the latter a fugitive from justice and is not equivalent to a
commission of another offense of obstruction of justice

Art. 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, 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
Absolutory cause for particular accessories

Absolutory cause of relationship

Who are exempt

Spouses

Ascendants

Descendants

L/N/A brothers and sisters

Relatives by affinity within the same degrees

If he committed acts falling under Par. 2 and 3 of Art. 19 namely

o
Concealing or destroying the body of the crime or instruments
thereof
o
By harboring, concealing, or assisting in the escape of the
principal of the crime, provided the accessory acts with abuse of
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

Note

Committed by
o
Public officer or
o
Private individual

Public office is not an essential element

Examples

Judge who offers an amount of money to the complainants father as

consideration for the withdrawal of the charges against the judge is guilty of
obstruction of justice

Act of justice giving money to a person against an administrative case

against him constitutes obstruction of justice
No obstruction of justice

Arrest prevented is illegal

o
Had a right to prevent arrest of fraternity member because
attempted arrest was illegal

Reason

Ties of blood
Preservation of the cleanliness of ones name which compels one to conceal
crimes

Examples

Sister of murderer drove the car where the corpse of the victim was hidden
and resisted to stop when chased by the police

Brother in law assisted I concealing the body of the crime

Even if only two of the principals are the brothers and the others are not
related to him, he is still exempt from criminal liability
When is a relative liable?

Par. 1 By profiting themselves or assisting the offender to profit by the

effects of the crime

68

Not under the impulse of blood or close relationship

Motivation of material gain or profit
Example
o
Mother assisted her daughter to obtain gain or profit from the
crime of theft

PENALTIES IN GENERAL
Penalty

Punishment prescribed by the law prior to the commission of the crime and
imposed by the court upon conviction of the accused

Juridical condition of a penalty

Legal
o
Prescribed by law prior to the commission of the crime

Judicial
o
Imposed by the court upon conviction

Definite
o
Cannot be uncertain or unconditional

Personal
o
No one should be punished for the crime of another
o
Cannot be given against an heir, unless such heir is benefited by
such wrong

Commensurate
o
Commensurate with the offense

Productive of suffering
Theories justifying a penalty

Preventive
o
State must punish the criminal to prevent or suppress the danger
to the State and to the public

Self-defense
o
State has the right to punish as a measure of self-defense so as
to protect society from the threat and wrong inflicted by the
criminal

Reformation
o
State has the duty to correct and reform the criminal

Exemplarity
o
Serve as an example to deter the commission of others of crimes

Justice
o
Act of retributive justice, a vindication of absolute right and moral
law violated by the criminal

Self-defense and exemplarity theory to justify the death penalty

Take life in retribution for his offense and as an example and warning to
others
Art 21. Penalties that may be imposed no felony shall be punishable by any penalty
not prescribed by law prior to its commission
What penalty should be imposed?

Prescribed by law prior to the commission of the crime

Nature of the provision

Not a penal provision

Neither defines nor provides a punishment for one

Declaration that no person shall be subject to criminal prosecution for any

act until the state has defined the misdemeanor or crime and has fixed a
penalty therefore
When may a crime be punished under a law passed after its commission?

If the new law if favorable to the accused who is not a habitual delinquent
Duty of the courts to apply the law and impose the penalty prescribed thereon
regardless of his private opinion
Courts are not concerned with the wisdom, efficacy or morality of laws
Duty of the judicial officers to respect and apply the law regardless of their private
opinions
Art. 22 Retroactive effect of penal laws Penal laws shall have a retroactive effect in
insofar as they favor the persons guilty of a felony, who is not a habitual criminal,
although at the time of the publication of such laws a final sentence has been
pronounced and the convict is serving the same
Note

Art. 22 refers to substantive penal laws

When does the benefit of retroactivity and liberal construction of penal laws accrue?

When penal laws are repealed, except if the law violated by them expired by
virtue of its own force, as it involved an absolute repeal.
Repeal of a penal law
1. Absolute
a. Effect of obliterating the offense from the statute books
b. Court loses jurisdiction
c. If in prison
i. Released
d. X commenced

69

e.

i.

Can no longer file

i.

Expressed
1. Expressly repeals a prior law in absolute
terms that such conduct formerly denounced
as a crime is no longer deemed criminal
2. Accused cannot be convicted
3. Offense no longer exists
Implied
1. Repealing law entirely failed to penalize the
acts which constituted the offense defined or
penalized in the repealed law
2. Deprives courts of jurisdiction

Kinds

ii.

2.

3.

Notes

Partial
a.

Repealing law penalizes the same act punished by the repealed

law
b. Court retains the authority under the old or the existing law at the
time of its commission
c. If same act
i. Penalty lighter if X a habitual delinquent
Self-repeal
a. Expires by its own terms
b. Same as though it had been repealed at the time of its expiration
c. Same effect as an absolute repeal
d. Example
i. Rent Control Act
Purpose of subsequent laws that are made more favorable to the accused
o
Correct injustice in litigation
o
Make amends for injustice to the fullest extent possible
Principal of retroactivity
o
Applies to all penal laws
Habitual delinquent not entitled
Courts mandated to apply art. 22 even if not invoked by the accused
Applies even if the sentence has become final and the accused is serving
sentence
Applicable to special laws
o
CDDA
o
Illegal possession of drugs and firearms

Habitual delinquency does not apply

Not part of crimes mentioned

JJWA given retroactive effect since more favorable to the accused
RA 9346 Prohibiting the imposition of the death penalty has been given
retroactive effect since more favorable to the accused

Not retroactive when expressly provided by the law itself

Not retroactive when not favorable to the accused
o
Violate constitutional provision against ex post facto laws
o
Ex post facto law
o
A law which :
o
Makes criminal an act, which, when committed was not
punishable.
o
Aggravates a crime, or makes it greater than it was when
committed
o
Changes the punishment and inflicts greater punishment
than the law existing at the time the crime was committed
o
Alters the legal rules of evidence and authorizes conviction
upon less or different testimony than the law required at the
time of the commission of the offense
o
Assumes to regulate civil rights and remedies only, but in
effect imposes a penalty or deprivation of a right for
something which when done was lawful
o
Deprives a person of some lawful protection to which he has
become entitled such as protection from a former conviction
or acquittal or a proclamation of amnesty
Unnecessary to retroactively apply the law when the penalty for the old and
new law is the same
Jurisdiction of a court to try a criminal action is to be determined by the law
in force AT THE TIME OF INSTITUTING THE ACTION, not at the time of the
commission of the crime
o
Commencement of the criminal action

70