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ROBBERY WITH HOMICIDE DANGEROUS DRUGS (RA 9165)

When by reason or occasion of the robbery, Acts punishable:


homicide is committed (Art. 294) 1. Importation of Dangerous Drugs and/or
on the occasion and by reason mean that Controlled Precursors and Essential
homicide or physical injuries must be Chemicals
committed in the course of the robbery 2. Sale, Trading, Administration,
Elements of Robbery in general: Dispensation, Delivery, Distribution and
1. Personal Property Transportation of Dangerous Drugs
2. Belonging to another and/or Controlled Precursors and
3. Unlawful taking Prohibited Essential Chemicals
4. Intent to gain 3. Maintenance of Den, Dive, or Resort
5. Violence against or intimidation of any 4. Employees and Visitors of a Den, Dive,
person or force upon anything and Resort
5. Manufacture of Dangerous Drugs and/or
ONLINE LIBEL Controlled Precursors and Essential
Elements of libel: Chemicals
1. An imputation of a crime, a vice or defect 6. Illegal Chemical Diversion of Controlled
(real or imaginary), or any act, omission, Precursors and Essential Chemicals
condition, status, or circumstance; 7. Manufacture or Delivery of Equipment,
2. Imputation must be made publicly; Instruments, Apparatus, and Other
3. Imputation must be directed at a juridical Paraphernalia for Dangerous Drugs
or natural person or one who is dead; and/or Controlled Precursors and
4. Imputation must tend to cause dishonour, Essential Chemicals
discredit, or contempt of the offended 8. Possession of Dangerous Drugs
party 9. Possession of Equipment, Instrument,
Punished by RA 10175 Apparatus, and Other Paraphernalia for
Publishing online raises the penalty in the RPC Dangerous Drugs
by one (1) degree 10. Possession of Dangerous Drugs During
Parties, Social Gatherings, or Meetings
GRAVE COERCION 11. Possession of Equipment, Instrument,
Two modes of committing Apparatus and Other Paraphernalia for
1. Preventing another, by means of violence, Dangerous Drugs During Parties, Social
threats, or intimidation, from doing Gatherings, or Meetings
something not prohibited by law; 12. Use of Dangerous Drugs
2. Compelling another, by means of 13. Cultivation or Culture of Plants Classified
violence, threats, or intimidation, to do as Dangerous Drugs or as Sources Thereof
something against his will, be it right or 14. Maintenance and Keeping of Original
wrong Records of Transactions on Dangerous
SLIGHT PHYSICAL INJURIES AND Drugs and/or Controlled Precursors and
MALTREATMENT Essential Chemicals
Modes 15. Unnecessary Prescription of Dangerous
1. Physical injuries incapacitated the Drugs
offended party for labor for 1-9 days or 16. Unlawful Prescription of Dangerous
required medical attendance during the Drugs
same period
2. Physical injuries which did not prevent ABORTION
the offended party from engaging in his Intentional Abortion:
habitual work or which did not require 1. There is a pregnant woman;
medical attendance 2. Violence is exerted, or drugs or beverages
3. Ill-treatment of another by deed without administered, or that the accused
causing any injury otherwise acts upon such pregnant
woman;
3. As a result of the violence or drugs or 2. 15 years of age or under at the time of the
beverages upon her, or any other act of commission of the offense
the accused, the fetus dies, either in the 3. 15-18 exempt from criminal liability if he
womb or after having been expelled acted without discernment. If acted with
therefrom; discernment, send to diversion program.
4. Abortion is intended 4. If under 18, suspense is immediately
Unintentional abortion: suspended
1. Pregnant woman Accident
2. Violence is used on PW without intending 1. A person is performing a lawful act
abortion 2. With due care
3. Violence intentionally exerted 3. He causes an injury to another by mere
4. Fetus dies in the womb or is expelled accident
therefrom 4. Without fault or intention of causing it
Abortion Practiced by the Woman Herself or Compulsion of Irresistible Force
Her Parents 1. Compulsion is by means of physical
1. PW force;
2. Intended 2. Physical force must be irresistible;
3. Caused by the pregnant woman herself, 3. Physical force must come from a 3rd
any other person with her consent, or any person
of her parents with the purpose of Impulse of Uncontrollable Fear
concealing her dishonour 1. Threat which causes the fear is of an evil
Abortion by a Physician or Midwife and greater than or at least equal to, that
Dispensing of Abortives: which he is forced to commit
1. PW who has suffered an abortion; 2. It promises of an evil of such gravity and
2. Offender, who must be a physician or imminence that the ordinary man would
midwife, caused or assisted in causing the have succumbed to it
abortion; Insuperable or Unlawful Cause
3. Said physician or midwife took advantage 1. Act is required by law to be done
of his or her scientific knowledge or skill 2. Person fails to perform such act
3. His failure to perform such act was due to
EXEMPTING CIRCUMSTANCES some lawful or insuperable cause
Imbecility/Insanity
1. Mental development comparable to that JUSTIFYING CIRCUMSTANCES
of a child between 2 and 7 years of age Self-defense
2. Insanity must be proven beyond 1. Unlawful aggression
reasonable doubt. Evidence must refer to 2. Reasonable necessity of means employed
(a) the time preceding the act under to prevent or repel it
prosecution or (b) at the very moment of 3. Lack of sufficient provocation from the
its execution person defending himself
The test of COGNITION: Defense of relatives
Whether the accused acted with 1. Unlawful aggression
complete deprivation of 2. Reasonable necessity of means employed
intelligence to prevent or repel it
The test of VOLITION: whether 3. Lack of sufficient provocation on the part
accused acted in total of the relative or, in case of provocation,
deprivation of freedom of will the one making the defense had no part
Minority therein
1. Child in conflict with the law a child Defense of strangers
who is alleged as, accused of, or adjudged 1. Unlawful aggression
as, having committed an offense under 2. Reasonable necessity of means employed
PH laws to prevent or repel it
3. Person defending was not induced by Consummated Felony: When all the elements
revenge, resentment, or evil motive necessary for its execution and
Avoidance of a greater evil accomplishment are present; the felony is
1. Evil sought to be avoided actually exists produced
2. Evil or injury sought to be avoided must Frustrated Felony: When the offender
not have been produced by the one performs all the acts of execution which
invoking the justifying circumstance would produce the felony as a consequence
3. Injury feared be greater than that done to but which, nevertheless, do not produce it by
avoid it reason of causes independent of the
4. There is no practical and less harmful perpetrator
means of preventing it Attempted Felony: Offender commences
Fulfillment of duty commission of a felony directly by overt act,
1. Offender acted in performance of duty or and does not perform all the acts of execution
in the lawful exercise of a right or office; which should produce the felony but by
2. Injury caused or the offense committed be reason of some cause or accident other than his
the necessary consequence of the due own spontaneous desistance
performance of duty or the lawful exercise
of such right or office ABERRATIO ICTUS/PRAETER
Obedience to an order issued for some lawful INTENTIONEM/ERROR IN PERSONAE
purpose Aberratio ictus: Mistake in the blow
1. Order issued by a superior Praeter Intentionem: injurious result is greater
2. Issued for a lawful purpose than intended
3. Means used to carry it out must be lawful Error in personae: Mistake in the identity of
4. Subordinate not liable for carrying out an the victim
illegal order of his superior if he is not
aware of the illegality of the order and he TREASON (114)
is not negligent Mode 1: Levying War
1. Offender is a Filipino or a resident alien
GRAVE THREATS 2. War in which PH is involved
First mode: Threatening, even not unlawful/ 3. Offender levies war against the
Elements: government
1. Offender threatens another person with Mode 2: Adherence to the Enemy and Giving
infliction upon the latters person, honor, Aid or Comfort
or property, or upon that of the latters 1. Offender is a Filipino or a resident alien
family, any wrong 2. War in which PH is involved
2. Such wrong amounts to a crime 3. Offender adheres to the enemies, giving
3. There is a demand for money or that any them aid or comfort, e.g. hugging them
other condition is imposed, even though
not unlawful RAPE
4. Offender attains his purpose Mode 1: Rape through sexual intercourse
Mode 2: Threatening without attaining 1. Offender is a man
purpose 2. Offender had carnal knowledge of a
Mode 3: Threat = crime/Elements: woman;
1. Offender threatens another person with 3. Such act is accomplished under any of the
the infliction upon the latters person, following circumstances:
honor, property, or upon that of the Force, threat, intimidation
latters family, any wrong Woman is deprived of reason or
2. Such wrong amounts to a crime otherwise unconscious
3. Threat is not subject to a condition Fraudulent machination or grave
abuse of authority
STAGES OF EXECUTION Woman is under 12 years of age
Mode 2: Rape through sexual assault
1. Offender commits an act of sexual assault injuries, robbery, theft estafa, or
2. Act of sexual assault is committed by the falsification;
following means: 2. After that conviction or after serving his
Inserting his penis into another sentence, he AGAIN COMMITTED, and
persons mouth or anal orifice; WITHIN 10 YEARS from HIS RELEASE
Inserting any instrument or any or FIRST CONVICTION, he was AGAIN
object into the genital or anal CONVICTED of any of the said crimes for
orifice of another person; the second time
3. Act of sexual assault is accomplished 3. After his conviction of, or after serving
under any of the following circumstances: sentence for, the second offense, he again
Force or intimidation committed, and within 10 years from his
Woman is deprived of reason or last release or last conviction, he was
is otherwise unconscious again convicted of any of said offenses a
Fraudulent machination or grave third time or oftener
abuse of authority 4. Additional penalty is imposed to render
Woman is under 12 years of age more effective social defense and the
or demented reformation of habitual delinquents

RECIVIDISM/REITERACION/HABITUAL PRIVILEGED MITIGATING CIRCUMSTANCES


DELINQUENCY/QUASI-RECIDIVISM Cannot be offset
Recidivism Reduces the penalty by one to two degrees
1. Offender is on trial for an offense; than that provided by law for the crime
2. Previous conviction by final judgment of Minority
another crime Incomplete fulfilment of duty
First and second offenses
embraced in the same title under SEXUAL ABUSE
the RPC Act of sexual intercourse of lascivious conduct
Offender is convicted of the new with a child exploited in prostitution or subject
offense to other sexual abuse
Time of trial is controlling, not Those who derive profit or advantage
the commitment of the crime therefrom, whether as manager or owner of
Reiteracion the establishment where the prostitution takes
1. Accused is on trial for an offense place....
2. He previously served sentence
For another offense to which the KIDNAPPING AND SERIOUS ILLEGAL
law attaches an equal or greater DETENTION
penalty; or Elements:
For two or more crimes which it 1. Offender is a private individual
attaches a lighter penalty than 2. He kidnaps/detains another, or in any
that for the new offense other manner deprives him of his liberty
3. He is convicted of the new offense 3. Act of detention or kidnapping must be
Does not include crimes illegal
punished by special laws 4. In the commission of the offense, any of
Quasi-Recividism the three following circumstances is
1. Offender was already convicted by final present:
judgment of one offense Kidnapping lasts for more than
2. He committed a new felony before three (3) days
beginning to serve that sentence or while Committed simulating public
serving the same authority
Habitual Delinquency Any serious physical injuries are
1. Offender has been convicted of any of the inflicted upon the person
crimes of serious or less serious physical
kidnapped or detained or threats 1. At least two offenses are committed
to kill him are made; 2. One or some of the offenses must be
Person kidnapped or detained is necessary to commit the other
a minor, female, or public officer 3. Both or all of the offenses must be
punished by statute
INTENTIONAL FELONIES vis-a-vis CULPABLE
FELONIES ART. 247 Death or Physical Injuries Under
Intentional Felonies: The act or omission is Exceptional Circumstances
performed or incurred with deliberate intent to 1. A legally married person or parent
cause an injury to another. surprises his spouse or daughter, the latter
Elements: under 18 years of age and living with him,
1. Freedom in the act of sexual intercourse with another
2. Intelligence person;
3. Criminal Intent 2. He or she kills any or both of them, or
Culpable Felonies: Those resulting from inflicts upon any or both of them serious
negligence, reckless imprudence, lack of foresight physical injury in the act or immediately
or lack of skill, performed without malice. thereafter;
3. He has not promoted or facilitated the
MITIGATING CIRCUMSTANCES prostitution of his wife or daughter, or that
1. Incomplete Justification and Exemption he or she has not consented to the infidelity
2. Under 18 or Over 70 Years of Age of the other spouse
3. No intention to commit so great a wrong
4. Sufficient Provocation or Threat CONSPIRACY
5. Immediate Vindication of a Grave Offense Exists when two or more persons come to an
6. Passion or Obfuscation agreement concerning the commission of a felony
7. Voluntary Surrender and decide to commit it. Agreement may be oral or
8. Voluntary Plea of Guilt written, express or implied.
9. Plea to a Lower Offense 1. Two or more persons come to an agreement
10. Physical Defect 2. Agreement presupposes meeting of the
11. Illness minds of two or more persons
12. Analogous Circumstances 3. Agreement pertains to the commission of a
felony
CRIMES IN RA 3019 4. Agreement to effect what has been
Misappropriation conceived and determined
Conversation 5. Execution of the felony was decided upon
Misuse of funds
Raids on the public treasury PRINCIPAL
Receiving, directly or indirectly, any By direct participation
commission, gift... 1. They participated in the criminal
resolution;
COMPLEX CRIMES 2. They carried out their plan and personally
Complex Crime (Delito Compuesto) a single took part in its execution by acts which
act results in two or more less grave felonies directly tended to the same end
1. Only a single act is performed by the By inducement
offender 1. Inducement be made directly with the
2. Single act produces intention of procuring the commission of
2 or more grave felonies the crime
1 or more grave and 1 more less 2. Such inducement be the determining
grave felonies cause of the commission of the crime by
2 or more less grave felonies the material executor
Complex Crime Proper (Delito Complejo) an By Indispensable Cooperation
offense is necessary for committing another
1. Participation in the criminal resolution, PECUNIARY LIABILITIES
that is, there is either anterior conspiracy 1. Reparation of the damage caused
or unity of purpose and intention before 2. Indemnification of consequential damages
commission of the crime charged; 3. Fine
2. Cooperation in the commission of the 4. Cost of the proceedings
offense by performing another act,
without which it would not have been
accomplished
Accomplices are persons who, not acting as
principals, cooperate in the execution of the
offense by previous and simultaneous acts
which are not indispensable to the commission
of the crime.
Accessories are those (1) who having
knowledge of the commission of the crime and
(2) without having participated therein, either
as principals or accomplices, (3) take part
subsequent to its commission in any manner
provided by Article 19.

PROBATION
A disposition under which a defendant, after
conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer.
Must not have appealed
Sentence imposed is a term of imprisonment
or a fine only
File with the trial court
Conditions:
1. Present himself to the probation officer
designated to undertake his supervision
at such place may be specified in the
order within 72 hours from receipt of
order
2. Report to the probation officer at least
once a month at such time and such place
as specified by the officer

PREVENTIVE IMPRISONMENT
Those who have undergone preventive
imprisonment shall be credited the full time during
which they have undergone PI if the detention
prisoner agrees voluntarily in writing after being
informed of the effects thereof and with the
assistance of counsel to abide by the same
disciplinary rules imposed upon convicted
prisoners, except if
They are recidivists
When upon being summoned for execution of
their sentence they fail to show up voluntarily
If he disagrees, credit only 4/5 of the time.