Arts. 1 13 PDF

CRIMINAL LAW 1 An ex-post facto law is one which: (M-A-C-A-D-A)
(Book by Atty. Amurao; Lecture by Atty. Frias) 1. makes criminal an act which, when committed, was not punishable
2. aggravates a crime, or makes it greater than it was, when committed
What is criminal law? 3. changes the punishment and inflicts a greater punishment than the law
Criminal law is that branch or division of law which: (D-T-P) existing at the time the crime was committed
 Defines crimes (because it is stated in the RPC) 4. alters the legal rules of evidence, and authorizes conviction upon less or
 Treats of their nature (provides the acts which constitutes the crime; different testimony than the law required at the time of the commission of
elements; nature of the act) the offense
 And provides for their punishment (stated in book 2 the punishments) 5. assumes to regulate civil rights and remedies only, but in effect imposes
It is substantive in character. (provides information about the crime) penalty or deprivation of a right for something which when done was
lawful
General Rule: May not be given retroactive effect 6. deprives a person accused of a crime of some lawful protection to which
Exception: when favorable to the accused who is NOT a habitual delinquent. he has become entitled, such as the protection of a former conviction or
It is enacted by Congress. acquittal, or a proclamation of amnesty
What is criminal procedure? Atty. Frias: For example, today murder was not punishable and a person
It regulates the steps in the: (A-C-P) committed murder today. Tomorrow a law is passed that murder is punishable.
 Apprehension Can the person be convicted of the crime?
 Prosecution NO. Criminal law is only retroactive if it is favorable to the accused. In this case, it
 Conviction of the accused if found guilty. will be an ex-post facto law because it made criminal an act which, when
It is adjective or remedial in character. (provides steps) committed, was not punishable.
It may be given retroactive effect.
It is promulgated by the Supreme Court. What is a ‘bill of attainder’?
A legislative act which inflicts punishment without trial.
Atty. Frias: What is the biggest difference between criminal law and criminal Essence: substitution of a legislative act for a judicial determination of guilt.
procedure?
Criminal law is substantive, criminal procedure is remedial. It serves to implement the principle of separation of powers by confining
legislatures to rule-making and thereby forestalling legislative usurpation of the
What relationships are governed by the crimes? judicial function.
Between that of the government and the people.
Atty. Frias: It does not only implement the principle of separation of powers
If it is a wrong between two private persons, Civil Law applies. between the legislative and judicial branch. The executive department is a part of
this, too. When you make a law, who has the last say? The President, diba? So if
Only an express provision of the law can punish a crime in the Philippines. the President approves a bill of attainder, then he, too, is usurping the power of the
Common law judicial branch.
 based on societal norms and previous experiences, actual decisions
which comprise the law Sources of criminal law
 they look at different systems 1. Revised Penal Code
 more malleable 2. Special Penal Laws
 it is the Judiciary that decides
Theories of penology.
Nullum crimen, nulla poena sine lege Classical or Juristic Theory.
“there is no crime, unless there is a law punishing it.”  Lays stress on the crime
 Primarily retributive and punitive
The Philippines has a codified system.  Assumes that every criminal has free will and knows the penal law
Atty. Frias: No matter how stupid the law is, if you break it, you get punished for  Punishment is standardized and proportioned to the gravity or nature of
it. the offense
 “Man is a rational and calculating being who guides his actions with
Is the power of the State to prosecute crimes absolute? reference to the principles of pleasure and pain.”
NO. It must adhere to the Constitutional rights of the person. (See Bill of Rights)
RAMOS, MARY LOUISE M. San beda college alabang – school of law

CRIMINAL LAW, 1-a 2016 Atty. frias
 If he does an act knowing the same to be wrong and having the freedom Effects of repeals:
not to do it, then he is responsible for his wrongful act and all its necessary 1. On the criminal case still pending in court  DISMISSED since the court
consequences. loses jurisdiction to try and decide it
2. On service of sentence  accused shall be RELEASED from detention
Examples: (G-Q-C) 3. On not yet filed in court  CAN NO LONGER BE FILED since the act no
1. Generic aggravating circumstances – increasing the penalty to the longer constitutes a crime
maximum period
2. Qualifying aggravating circumstances – changes the nature of the felony Partial repeal.
to a more serious crime If the same act is punished by both the repealing and repealed law, and the penalty
3. Capital punishment provided by the new law is lighter  accused shall be sentenced to suffer the NEW
LAW (it is favorable to the accused unless:
Positivist or Realistic Theory. (1) not a habitual delinquent; and
 “Man is a moral being. As such, by nature he is good.” (2) the new law DOES NOT prohibit retroactivity)
 For reformation or correction of the accused
 He is to be treated not as a criminal to be punished, but as a sick member If the new law makes the penalty more burdensome  heavier penalty CANNOT
of society who must be reformed and corrected. BE IMPOSED
 Although by nature he is good, he is sometimes subdued by a morbid and
social phenomenon that predisposes him to commit a crime. The Self-repeal.
commission is not a man’s free choice. It is one where the law expires by its own terms and provisions.
Effect: the same as though it has been repealed at the time of its expiration.
Examples: (IP-JJ-E)
1. Indeterminate Sentence Law FUNDAMENTAL CHARACTERISTICS OF CRIMINAL LAW
2. Probation Law 1. General
3. Juvenile Justice and Welfare Act of 2006 2. Territorial
4. Justifying circumstances under Art. 11 3. Prospective
5. Exempting circumstances under Art. 12
REPEALS Atty. Frias: Why are these the fundamental characteristics of Criminal Law?
Because it tells who is covered (general), where it may be enforced
Expressed absolute repeal. (territoriality), and how it is enforced (prospectively).
When a law expressly repeals a prior law in absolute terms such that a person’s
conduct formerly denounced as a crime is no longer deemed criminal, the accused GENERAL
cannot be convicted of the act punished in the repeal law since it would be illogical Penal laws and those of public security and safety shall be obligatory upon all who
for the court to sentence him for an offense that no longer exists. live or sojourn in Philippine territory, subject to the principles of public international
law and to treaty stipulations.
Implied absolute repeal.
Where the repealing law Atty. Frias: Supposing, an American stabbed another American in Boracay, can
entirely fails to penalize the acts he be convicted here?
which constituted the offense defined and penalized in the repealed law, Answer: Yes!
the repeal carries with it the deprivation of the courts of jurisdiction to try, convict Atty. Frias: Why? In the interest of fairness, of course! If you’re a civilian and you
and sentence persons charged with violations of the old law prior to the repeal. committed a crime here in the Philippines, then it is a crime against the State and
not only against that other civilian. You stab him here, you get punished here. Why
An absolute repeal of a penal law, whether expressed or implied, has the legal would you punish a crime if it was not committed against you? Can you commit a
effect of obliterating the offense from the statute books. crime against the State if you are not in the State?
The act is decriminalized, hence the court loses jurisdiction to try and decide the
case. Jurisdiction of civil and military courts.
If the accused is serving his sentence in prison, then he should be released. If the If the crime committed is penalized under the RPC or other special laws or local
criminal action has not been commenced, then the repeal bars the filing of the government ordinances regardless of the accused  TRIED BY THE PROPER
criminal action in court. CIVIL COURT

If the crime is service-connected (Articles of War under Commonwealth Act No. “Civilian personnel” – neither nationals or nor ordinary residents of the PH and who
408), as determined before arraignment  TRIED BY COURT-MARTIAL are employed by the US Army such as the American Red Cross and the United
Services Organization
(In imposing the penalty, the court-martial may take into consideration the penalty
prescribed in the RPC or other special laws or local government ordinances) Acts covered by the VFA.
Covers ALL OFFENSES committed within the Philippine territory by the US military
Provided, that the President may, in the interest of justice, order or direct at any and civilian personnel.
time before arraignment that any such crimes or offenses be tried by the proper
civil courts. Two kinds of jurisdiction of the VFA.
1. EXCLUSIVE JURISDICTION
Prosecution of the accused for the same offense after he has been prosecuted in  Philippine authorities exercise this over US personnel with offenses
a court martial places him in double jeopardy. relating to the security of the Philippines punishable under the law of the
Philippines, but NOT PUNISHABLE under US laws
Persons exempt from Philippine Criminal Law under the principles of Public  US has exclusive jurisdiction over US personnel with respect to offenses
International Law. relating to the security of the US, PUNISHABLE under US laws but NOT
They enjoy immunity from criminal prosecution under Philippine laws because they PUNISHABLE under Philippine laws
represent the political interest of their state: (SHAMM-C)
1. Sovereigns Offenses relating to security
2. Heads of state 1. Treason
3. Ambassadors 2. Sabotage
4. Ministers plenipotentiary 3. Espionage
5. Ministers residents 4. Violation of any law relating to national defense
6. Charges d’affairs (in charge of…)
See case: WHO v. Aquino 2. CONCURRENT JURISDICTION
 Offense committed by the US military or civilian personnel in the
Not exempt because they merely represent their state’s commercial, mercantile Philippine territory is punishable both the Philippine and US laws
or business interest. (C-V-C)  General Rule: the Philippine authorities shall have the primary right to
1. Consuls exercise jurisdiction over all offenses committed by the US personnel
2. Vice-consuls  Except:
3. Consular officials a. When the case involves an exercise of criminal and disciplinary
jurisdiction conferred on US military authorities by US military
Crime committed within an embassy or on board a public or war vessel – law over US personnel in the Philippines
NOT TRIABLE in Philippine courts because the embassy is deemed as an b. When the case involves an offense punishable under the US
extension of the state that it represents. and not punishable here
c. The following offenses over which the US authorities have
Exceptions to the general and territorial character of the RPC. primary right:
1. Treaties  Solely against US property
2. Laws of preferential application  Solely against US security
 Solely against property of another US mil. personnel
RP-US Mutual Defense Treaty.  Solely against the person of another US mil. Personnel
Joint RP-US military exercises for the purpose of developing the capability to resist d. Offenses arising out of any act or omission done in the
an armed attack fall squarely under the provisions of the RP-US Mutual Defense performance of official duty
Treaty.  General Rule: Authorities of either government may request the
authorities of the other government to waive their primary right to exercise
Visiting Forces Agreement. jurisdiction in the case
Only US Personnel including military and civilian personnel in connection with the  Exception: if the case is of particular importance:
activities approved by the PH Government are covered. a. Heinous crimes defined in RA 7659
b. Offenses punishable by the Dangerous Drugs Act
“Military personnel” – military members of the US Army, Navy, Marine Corps, Air c. Anti-Child Abuse Law
Force and Coast Guard

TERRITORIALITY Why would the rights of the people be considered violated if we don’t have this?
Legal maxim: nullen crimen, nulla poena sine lege.
Atty. Frias: What is the reason for the territoriality principle? In the interest of fairness! (favorite ni Ma’am ‘to)
Answer: Because a crime is deemed an offense against the dignity, authority,
and sovereignty of the Philippines. Article 1. Time when Act takes effect. –
The Code shall take effect
What are the treaties? On the first day of January,
Examples: VFA agreement, Host Agreement Nineteen hundred and thirty-two.
What are the exceptions to the general & territoriality rule? When was it approved?
See Sec. 2. December 8, 1930.
General Rule: Sec. 2 is about the territoriality principle.
Exception: extra-territoriality. When did it take effect?
Exception to the exception: treaties or laws of preferential application. January 1, 1932.
Why are treaties considered exceptions? Atty. Frias: Why did it take 2 years before the RPC took effect?
Because they govern the jurisdiction of the criminals. They are a binding So that the public will be able to familiarize themselves with the new law.
agreement among countries. Whatever it is you agree upon, it automatically
becomes an exception to any law. In the treaty, the parties are the states. What penal laws governed the Philippines before the enactment of the RPC?
Spanish Penal Code of 1870. It was enforced from July 14, 1887 up to December
31, 1931.
Who are the members of the Code Commission?

Chairman: Anacleto Diaz
Members:
1. Alex Reyes
2. Quintin Paredes
3. Mariano De Joya
4. Guillermo Guevara
The Committee took into consideration the following factors: (R-E-S)

1. Existing conditions
2. Special penal laws
3. Rulings of the Supreme Court
Atty. Frias’ Quiz: What composes the national territory? (Sec. 1 of the
Constitution) Article 2. Application of its provisions. –
The national territory comprises the Philippine archipelago, with all the islands Except as provided
and waters embraced therein, and all other territories over which the Philippines In the treaties and laws of preferential application,
has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial The provisions of this Code shall be enforced
domains, including its territorial sea, the seabed, the subsoil, the insular shelves, Not only within the Philippine Archipelago,
and other submarine areas. The waters around, between, and connecting the Including its atmosphere,
islands of the archipelago, regardless of their breadth and dimensions, form part Its interior waters and
of the internal waters of the Philippines. Maritime zone,
But also outside its jurisdiction, against those who:
PROSPECTIVE 1. Should commit an offense while on a Philippine ship or airship
Atty. Frias: Why is the law considered prospective? 2. Should forge or counterfeit any coin or currency note of the Philippine
Because you cannot punish a criminal unless there is a law. Islands or obligations and securities issued by the Government of the
Philippines
Why do we have the prospectivity principle? 3. Should be liable for acts connected with the introduction into these Islands of
To protect the rights of the people. the obligations and securities mentioned in the preceding number
4. While being public officers or employees, should commit an offense in the While on a
exercise of their functions, or Philippine ship or airship
5. Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code. What are the requisites? (B-R-I)
1. Crime must be committed on a board a private or merchant ship
Atty. Frias: 2. Private or merchant ship must be registered in accordance with
General Rule: “…the provisions of this Code shall be enforced within the Philippine laws at the Maritime Industry Authority (MARINA)
Philippine Archipelago, including its atmosphere, its interior waters and maritime In case of airships, it must be registered in accordance with Philippine
zone…” (territoriality principle) lalws at the Civil Aeronautics Administration.
Exception: The 5 instances where the Code may be enforced even on crimes 3. The crime must be committed while the registered ship is on the
committed outside the Philippine territorial jurisdiction (extra-territoriality) international waters. (If the ship is already within the territorial waters of
Exception to the exception: “Except as provided in the treaties and laws of another state, this paragraph ceases to apply.)
preferential application…”
This does NOT apply to warships.
Examples of treaties
1. VFA FRENCH RULE ENGLISH RULE
2. Host Agreement (World Health Organization vs. Aquino) Crimes committed on board a private Crimes committed on board a private
merchant ship are cognizable only by merchant ship are cognizable by the
the courts of the country to which the courts of the country where the
vessel belongs vessels are in for purposes of trade
EXCEPT, those which affect the Owing temporary and local allegiance
tranquility of the port or persons
foreign to the crew.
Emphasis: nationality of the ship Emphasis: territoriality
Second instance: (forge or counterfeit)

Those who 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
Atty. Frias: Supposing A, a Filipino, went to Hong Kong and counterfeited 10-
peso coins. He visited the Philippines and was later on apprehended. A raised
What are the 2 kinds of laws of preferential application? the defense that he didn’t commit the crime in the Philippines. Will his defense
1. Those which are local in nature prosper?
2. Based on established principles of public international law NO. Apply the 2nd paragraph.
a. Sovereigns, ambassadors, ministers plenipotentiary, ministers
residents, and charges d’ affaires shall enjoy diplomatic
Third instance: (introduction into these islands)
immunity from criminal jurisdiction
Those who should be liable
b. Warships of another state as extensions of its territory,
For acts connected with the
wherever they may be located
Introduction in these islands
c. Embassies of a foreign state as extensions of its territory
Of the obligations and securities
Mentioned in the preceding number
First instance: (Ship or airship)
Those who should
Commit an offense
Atty. Frias: Going back to my previous example, supposing A has a friend, B, There is deceit when
and he gave him some of the 10-peso coins. B went to the Philippines and was The act is performed
later on apprehended. With deliberate intent;
He CANNOT be held liable under the 3rd paragraph because said paragraph And there is fault when
deals with obligations and securities and NOT coins or currency notes. The wrongful act results from
Imprudence,
Fourth instance: (public officers or employees) Negligence,
Those who, Lack of foresight, or
While being public officers or employees, Lack of skill.
Should commit an offense
In the exercise of their functions. What is a felony?
An act or omission punishable by the Revised Penal Code.
 What is an offense?
Act or omission punishable by a special penal law.
Examples of felonies that may be committed by public officers or employees: Under the JJWA, “offense” refers to any act or omission whether punishable
1. Direct bribery under special penal laws or the RPC.
2. Indirect bribery
3. Frauds against the public treasury What is an infraction or misdemeanor?
4. Malversation of public funds or property An act or omission punishable by municipal or city ordinances.
5. Illegal use of public funds or property
What is a crime?
Fifth instance: (crimes against national security and the law of nations) Any violation of the RPC, special penal laws, and municipal or city ordinances.
Those who should commit
Any of the crimes against CRIME
National security and Any violation of the Revised Penal Code, special penal laws, and municipal or
The law of nations, city ordinances
Defined in Title One, Book Two of this Code. INFRACTION OR
FELONY OFFENSE
MISDEMENOR
Crimes against national security & the law of nations Act or omission
1. Treason punishable by a special
2. Conspiracy and proposal to commit treason penal law. An act or omission
3. Misprision of treason An act or omission Under the JJWA, punishable by
4. Espionage punishable by the “offense” refers to any municipal or city
5. Inciting to war or giving motives for reprisals Revised Penal Code. act or omission whether ordinances.
6. Violation of neutrality punishable under
7. Correspondence with hostile country special penal laws or
8. Flight to enemy’s country the RPC.
9. Piracy
10. Genocide What are the elements of a felony? (A-P-V)
1. Act or omission
Article 3. Definitions. – 2. Punishable by the Revised Penal Code
Acts and omissions 3. Act or omission must be voluntary
Punishable by law When is an act or omission voluntary? All 3 concur:
Are felonies (delitos) 1. Freedom
2. Intelligence
Felonies are committed 3. Intent
Not only by means of deceit (dolo)
But also by means of fault (culpa) Absence of the requisites for voluntariness exempts the person from criminal
liability, thus:
FREEDOM INTELLIGENCE INTENT What is culpa/fault?
1. Acts under the 1. Insane or imbecile 1. Honest mistake of When the wrongful act results from:
compulsion of an 2. A child who is 15 fact  Imprudence
irresistible force years of age or 2. Justifying  Negligence
2. Acts under the under, or a child circumstances  Lack of foresight
impulse of an who is above 15 3. Accident  Lack of skill
uncontrollable fear but below 18 years
of an equal or old at the time of Overt Act
greater injury the commission of  Any bodily moment tending to produce some effect on the external
the offense unless world
he has acted with  Mere criminal thoughts existing in the mind of a person does NOT make
discernment him criminally liable
 Defined as some physical activity or deed, indicating the intention
MALUM IN SE vs. MALUM PROHIBITUM to commit a particular crime
 It is the quality of being equivocal that must be lacking before the act
MALUM IN SE (Felony) MALUM PROHIBITUM (Offense) becomes one which may be said to be a commencement of the
Inherently wrong and essentially evil Act becomes immoral because its commission of the crime
commission is expressly forbidden by  It is necessary that the acts of the accused must be such that, by their
positive law nature, by the facts to which they are related, by circumstances of the
Act or omission punishable by RPC Punishable by SPL persons performing the same, and by the things connected therewith,
Criminal intent is an essential Criminal intent is NOT an essential they are aimed at the consummation of the offense.
element element
Honest mistake of fact is a defense Honest mistake of fact is NOT a The act must be punishable by the Revised Penal Code
defense  Without the provision in the RPC, the act or omission does not
Good faith is a defense Good faith is NOT a defense constitute a felony.
Principals, accomplices, and These 3 are NOT liable  Nullum crimen, nulla poena sine lege. (There is no crime, unless there
accessories are criminally liable UNLESS specially provided is a law punishing it.)
3 stages of execution: Generally NOT divided into stages
Consummated, frustrated, attempted Felonies by commission
Penalties are classified into degrees Penalties are specific in terms of 1. Treason
and periods years, months, or days 2. Arbitrary detention
UNLESS provided for by the SPL 3. Murder
Mitigating, aggravating, and GR: these do NOT apply 4. Rape
alternative circumstances apply UNLESS specifically provided for 5. Kidnapping and serious illegal detention
The use by a special penal law of a penalty designated under the RPC does Felonies by omission (M-D-E-R-F)
NOT make the act a felony or malum in se. 1. Misprision of treason
2. Delay in the delivery of detained persons to the proper judicial
What is the controlling factor in the determination of whether the violation is a authorities
felony or an offense? 3. Illegal exaction
How the felony is defined and described in the special law itself. 4. Refusal of assistance
5. Kidnapping and failure to return a minor
What are the means of committing a felony?
1. Deceit or dolo Felonies committed by dolo or deceit
2. Fault or culpa 1. Frauds against public treasury
2. Malversation
What is dolo/deceit? 3. Voluntary failure of a collection officer to issue an official receipt
When the act is performed with deliberate intent. 4. Estafa
5. Simple seduction

Committed by culpa What are the elements of honest mistake of fact? (A-I-F)
1. Judgment rendered through negligence 1. Act done would have been lawful had the facts been as the accused
2. Unjust interlocutory order believed them to be.
3. Negligence and tolerance in the prosecution of offenses 2. Intention of the accused was lawful.
4. Betrayal of trust by an attorney 3. No fault or negligence.
5. Criminal negligence
Malum prohibitum, examples 

1. Illegal possession of firearms
2. Violation of the Omnibus Election Code 
3. Revised Forestry Code
4. Dangerous Drugs Law
5. Illegal recruitment
6. Anti-Bouncing Checks Law
7. Anti-Fencing Law There is no honest mistake of fact when there is negligence or fault on the part of
the accused.
Atty. Frias: If there is an enumeration in the book, I expect you to memorize it or
at least familiarize yourselves with the enumeration.
What is ‘motive’?
Special or personal reason that may prompt or induce a person to perform an act
or commit a crime.
Illegal possession of firearms is malum prohibitum
Criminal Intent vs. Motive
CRIMINAL INTENT MOTIVE
Essential element of a felony NOT an element of a felony 
Becomes material only when there is

doubt as to the identity of the
offender

Must be proven by prosecution Need NOT be proven by prosecution
When the commission of the crime is clearly proven, conviction should follow
even if the reason for its commission was not known.

Actus non facit reum nisi mens sit rea
The act of a person does not make him a criminal unless his mind is also
criminal.
NOTES:
What is ‘honest mistake of fact’? 1. The spirit of the law regarding possession of firearms is to punish only
those who possess the same without the knowledge of the authorities
 Misperception of fact on the part of a person who injures another
concerned, and without even bothering themselves to legalize such
 Negates the presumption of malicious intent
possession.
 Leads to the acquittal of an accused, provided that the act committed is 2. People vs. Mallari: he had a pending application for a permanent permit.
also accompanied with the absolute absence of negligence or bad faith He is therefore NOT liable.
 Ignorantia facti excusat – the accused does not commit a felony, 3. People vs. Landicho: considering the social policy of the government
although he commits a wrongful act. concerning loose firearms, persons collecting them should be allowed
temporary and incidental possession thereof for the purpose of
surrendering them to the proper authorities.

Article 4. Criminal liability. – 2. The felony must be intentional (due to the last portion of the paragraph
Criminal liability shall be incurred: that the wrongful act done be different from that which he intended)
1. By any person committing a felony (delito) This cannot apply when the act was committed through negligence,
Although the wrongful act done carelessness, lack of foresight or lack of skill.
Be different Liability under Art. 365 of RPC: Criminal negligence
From that which he intended. 3. Felony committed by the accused must be the proximate cause of the
resulting injury. There should be a relationship of cause and effect
2. By any person between the felony committed and the result thereof.
Performing an act
Which would be an offense against Atty. Frias: This is for intentional felonies only. Self-defense not included. Look
Persons or property, at how connected they all are.
Were it not for the
Inherent impossibility of its accomplishment or Cases on the proximate cause of death
On account of the 1. Accused gave a fist blow on the back part of the head that caused the
Employment of victim to fall and hit his head on the asphalt pavement
Inadequate or ineffectual means. 2. Accused is liable for his wife’s death cause by his relentless beating
3. Accused is liable for the death of a bystander who was hit by a lance
Atty. Frias: Does Article 4 define a crime? that he threw at his enemy
NO. It only tells you WHEN criminal liability is incurred. 4. Strangulation of the wife accelerated her death due to a heart ailment
5. Accused is still liable when the proximate cause of death is the stab
Atty. Frias: wound that he inflicted, although the immediate cause of death is an
I shot your foot. You died. Am I liable? YES. illness arising from the weakened condition of the victim
Why? Your shot was the proximate cause of my death. 6. Accused is liable for the death of a bystander killed by a stray bullet
coming from his firearm.
You’re mad at your boyfriend, you boxed him, because of that, he had a heart 7. Death of the victim who died due to “asphyxiation by suffocation”
attack. He died. Are you liable for his death? YES. caused by stuffing “pandesal” into her mouth
Why? Me boxing the boyfriend was the proximate cause of his death. 8. Where the direct and immediate cause of the death is not the mortal
What is the immediate cause of his death? The heart attack. wounds inflicted by mauling and clubbing the victim on different parts of
What is the proximate cause? Me boxing the asshole. the body with a steel hammer and wooden stick
9. Blow of the accused hastened or accelerated the death of the victim
What is proximate cause? who was already suffering from an internal malady.
Proximate cause is the cause which 10. Liable if the victim removed the drainage of the wound due to the
In the ordinary and continuous sequence of events, physical pain
Unbroken by any efficient intervening cause,
Produces the injury and Abberatio ictus Due to lack of precision, the bullet landed on another
Without which (mistake in the blow) person.
The injury would not have occurred. Error in personae People vs. Oanis
(mistake in the The victim turned out to be an innocent man and not
What is the Spanish principle of proximate cause? identity of the victim) the wanted criminal.
El que es causa de la causa es causa del mal causado Prater intentionem Can only mitigate the accused’s criminal liability but it
(He who is the cause of the cause is the cause of the evil caused) (lack of intent to cannot exonerate him from criminal liability
commit so grave a
Atty. Frias: Think of a horse. Let’s say you pushed a person and when you wrong as that
pushed him, biglang may dumating na horse, natamaan ung tao, namatay. Is it committed)
part of the chain of events? No! Were you expecting that a horse would suddenly
come out of nowhere? What is the effect of failure or refusal of the victim to submit to medical
treatment?
What are the elements of the first paragraph? (F-I-P) The victim is not obliged to submit to a surgical operation in order to relieve,
1. The accused must be committing a felony minimize and completely absolve the accused from the natural and ordinary
consequences of this felonious act. Accused will still be liable.

Effect of Intervening Disease Were it not for the
CIRCUMSTANCE LIABLE FOR DEATH? Inherent impossibility of its accomplishment or
Intervening disease is associated with the LIABLE On account of the
wound Employment of
Non-mortal wound + victim died due to a NOT LIABLE FOR DEATH Inadequate or ineffectual means.
totally unrelated disease Liability: extent of the
wounds he inflicted What is an impossible crime?
Mortal wound + victim died to an unrelated LIABLE. The mortal wound A crime which would have constituted an offense against persons or property,
disease could still cause the death of Were it not for the inherent impossibility of its accomplishment
the victim. Or on account of the employment of inadequate or ineffectual means.
Presumption of death as a natural consequence of the injury What are the requisites? (O-I-I-R)
When on a person of normal health, physical injuries are caused from which: 1. The act performed would have constituted an offense against persons
 Death may be expected or property
 Death ensues within a reasonable time 2. Act was done with evil intent
It shall be presumed that it is the natural consequence and result of the injuries 3. Accomplishment is inherently impossible or that the means employed is
inflicted upon the deceased. either inadequate or ineffectual
4. Act performed should NOT constitute a violation of the RPC
Erroneous or unskillful medical treatment will not relieve the accused from liability
for the death of the accused if the injury is mortal Atty. Frias: Is an impossible crime a crime?
Swerte naman ni accused if he is no longer liable because the victim died on the Yes. There is a penalty. You only penalize crimes.
hospital table. Penalty: Arresto mayor or a fine from 200-500 pesos.
Falsification of signature –
 Atty. Frias: Is it an impossible crime?
NO. It is NOT a crime against persons or property.
Is there a crime? Objectively no.

 Is there a criminal? Subjectively YES. He is punished for his: (C-P)
 Criminal tendency, and
 Propensity

Felonies against persons
 1. Parricide
2. Murder
3. Homicide
Paragraph 1 in relation to suicide 4. Infanticide
 No provision in the RPC that punishes suicide – NOT A FELONY 5. Abortion
 A person who committed suicide by jumping off the building but fell on a 6. Duel
pedestrian who died, the person shall be liable by reason of criminal 7. Physical injuries
negligence arising from his failure to observe the standard of care 8. Rape
required by the circumstances of place, time and persons. Felonies against property
1. Robbery
2. Brigandage
Second paragraph: (impossible crime) 3. Theft
Criminal liability 4. Occupation of real property
Is likewise incurred 5. Culpable insolvency
By any person performing an act 6. Swindling and other deceits
Which would be an offense 7. Chattel mortgage
Against persons or property 8. Malicious mischief
Atty. Frias: Memorize these crimes of persons and property in the book. 2. Takes possession of the cellphone of another without the latter’s
consent. He learned that the cellphone is his. There is no crime of theft
The impossibility of accomplishment may be due to: (N-E) when the personal property taken belongs to the taker himself because
1. Inherent nature of the act he has no intent to gain.
2. The employment of inadequate or ineffectual means 3. One who tries to kill another by putting in his soup a substance which he
believes to be arsenic when it was just common sault.
The impossibility of accomplishment DUE TO THE INHERENT NATURE of the
act may be caused by: (F-L) Article 5. Duty of the court in connection with acts which should be
1. Factual impossibility repressed but which are not covered by law, and in cases of excessive
2. Legal impossibility penalties. –
Whenever a court has knowledge of any act which it may deem proper to repress
and which is not punishable by law, it shall render the proper decision and report
 to the Chief Executive, through the Department of Justice, the reasons which
induce the court to believe that said act should be made the subject of penal
legislation.

In the same way, the court shall submit to the Chief Executive, through the
Department of Justice, such statement as may be deemed proper, without
 suspending the execution of the sustence, when a strict enforcement of the
provisions of this Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the injury caused by
the offense.
Atty. Frias: It is not up to the courts to change the penalty. Notwithstanding the
evil involved, the courts have no choice but to do their duty and to apply the
penalty.
Article 6. Consummated, frustrated, and attempted felonies. –

Consummated felonies,
As well as those
Frustrated and attempted,
What is ‘factual impossibility’? Are punishable.
It occurs when extraneous circumstances unknown to the actor or beyond
his control prevent the consummation of the intended crime. A felony is consummated
When all the elements necessary
What is ‘legal impossibility’? For its execution and accomplishment
It occurs when the intended acts, even if completed, would not amount to a Are present;
crime.
And it is frustrated
Requisites of legal impossibility (M-I-P-C) When the offender performs
1. Motive, desire, and expectation is to perform an act in violation of the All the acts of execution
law Which would produce the felony
2. Intention to perform the physical act As a consequence
3. Performance of the intended physical act But which, nevertheless,
4. The consequence resulting from the intended act does NOT amount to Do not produce it
a crime By reason of causes
Independent of the will
Examples: Of the perpetrator.
1. Killing a person already dead
There is an attempt
When the offender commences Desistance at the attempted stage exempts the offender from criminal liability
The commission of a felony  When the accused because of fear or remorse desists from its
Directly by overt acts, continuance  NO ATTEMPT
And does not perform  His stopping is called to repentance, to conscience, a grace, a pardon
All the acts of execution which the law grants to voluntary repentance.
Which should produce the felony
By reason of What are the crimes without a frustrated stage?
Some cause or accident 1. Theft/Robbery
Other than his own  Once the offenders therein obtained possession over the stolen
Spontaneous desistance. items, the effect of the felony has been produced as there has been
deprivation of property.
When is a felony consummated?  The presumed inability of the offenders to freely dispose of the
When all the elements necessary for its execution and accomplishment are stolen property does not negate the fact that the owners have
present. already been deprived of their right to possession upon the
completion of the taking.
When is a felony frustrated?  Asportacion – taking of a thing out of the possession of the owner
When the offender performs all the acts of execution which would produce the without his:
felony as a consequence but which, nevertheless, do not produce it by reason of o Privity, and
causes independent of the will of the perpetrator. o Consent, and
o Animus revertendi
When is there an attempt to commit a felony?  Severance of the goods from the possession of the owner and
When the offender commences the commission of a felony directly by overt acts, absolute control of the property by the taker, even for an instant,
and does not perform all the acts of execution which should produce the felony constitutes asportacion
by reason of some cause or accident other than his own spontaneous  It is no defense that the accused and his co-accused had no
desistance. opportunity to dispose of the properties taken.
What is the ‘indeterminate state’? Atty. Frias: Hawak pa lang ni A ung manok. Anong stage yun?
 That phase where the purpose of the overt acts committed by the Attempted. Pwede pa ngang ipasok sa indeterminate state yun e. Malay mo
accused is uncertain or indefinite. nilalambing lang niya yung manok. (lol atty frias)
 May or may not be intended for a criminal purpose BUT the moment na inangat na niya ung manok, kahit hindi siya nakatakbo,
 Purpose is susceptible of having two or more interpretations consummated na agad yun.
 The interpretation that is more favorable to the accused is to be
adapted. 2. Rape
 If it is established that the purpose of the accused in placing the ladder  Taking into account the nature, elements, and the manner of
against the concrete fence was to commit robbery, then the crime would execution of the crime of rape and jurisprudence on the matter, it is
already be in the attempted stage of the robbery. hardly conceivable how the frustrated stage in rape can ever be
committed.
What is the subjective phase?  A grazing of the surface of the female organ or touching the mons
The phase starting from pubis of the pudendum is NOT sufficient to constitute
The first act committed by the offender to begin the commission of the crime consummated rape.
Up to the last act over which he still has control.  For the consummation of rape, perfect penetration is not
essential. Any penetration of the female organ by the male organ
If the act is still in the subjective phase – ATTEMPTED is sufficient.
If the act has passed the subjective phase – EITHER frustrated or  Entry of the labia or lips of the female organ, without rupture of the
consummated hymen or laceration of the vagina is sufficient to warrant conviction.
 The moment there is penetration, whether full or partial no matter
Atty. Frias: What is the difference between an ‘act’ and an ‘overt act’? how slight, the crime of rape is consummated.
Yung overt act, may intent to commit the felony.  Atty. Frias: Kaya kung mang-rrape kayo, sagarin niyo na kasi
pareho lang naman penalty eh. Nagawa mo na e sagarin mo na
bago ka makulong.
ACTS OF LASCIVIOUSNESS ATTEMPTED RAPE Murder/Homicide/Parricide/Infanticide
Without intention to have sexual With intention to have sexual
intercourse with the woman intercourse Attempted Non-mortal wound + intent to kill - death
People vs. Abanilla Intention may be inferred from the Overt act + intent to kill – death
Merely rubbing his organ against the overt acts by the accused: When there are wounds suffered by the offended party
private part of the woman until o Raising the skirt of the woman but there is no medical testimony on the gravity of the
ejaculation. o Throwing her to the ground wounds.
o Attempting to mount the
woman Only when the wounds are not enough to produce the
o Pulling her pants/underwear death.
down
Nothing prevented the accused from Go back to the definition of attempted When the accused shot at the victim while the latter was
consummating the act and it would stage. escaping from the scene. The victim was not hit.
seem that he was already contented Frustrated Mortal wound + intent to kill – death
with rubbing his penis against the The offender commences the The accused inflicted a mortal wound that would have
complainant without acting inserting it commission of rape directly by overt caused the victim’s death but death did not result due to
into her private part. acts but does not perform all the acts timely medical attendance.
of execution by reason of some
cause or accident other than his own The offender has passed the subjective phase in the
spontaneous desistance. commission of the crime.
Subjectively, the crime is complete.
May a woman who is a victim of consummated rape remain to be a virgin? Nothing interrupted the offender while passing through the
Yes. A woman victim of consummated rape may still be a virgin because rape is subjective phase.
consummated the moment there is penetration, no matter how slight.
(Or you know, maala-Chi Ming Tsoi ung size ng penis niya.) Atty. Frias: mamamatay na nga o. Hinihintay na lang
niyang mamatay.
Estafa
Attempted Accused fraudulently assumed authority to demand fees Intent to kill is shown by the: (L-S)
for the Bureau of Forestry and tried to collect a certain o Location, and
amount. o Seriousness
The complainant could not pay the fee. of the wound.
Frustrated Accused receive a sum from a buyer as payment for books Consummated Overt act + death
purchased. Instead of turning over the amount to the The victim DIED.
cashier, the accused kept the same for himself and gave
the amount to the cashier after the deceit was discovered. Atty. Frias: You pushed A. Nahulog siya sa ocean. Kinain siya ng shark.
Consummated A branch manager of an insurance company deliberately CONSUMMATED. Namatay na nga diba? Never forget Art. 4(1).
concealed from a client the suspension of the company’s
license to conduct insurance business.
He collected premiums from the client.
What are the 2 basic elements of estafa? (D-D) Atty. Frias: From death, intent to kill is presumed. Alanganaman ung shark ung
1) Fraud or deceit liable!
2) Damage or prejudice
If there is no damage/prejudice because of timely intervention – FRUSTRATED The intent to kill cannot be presumed but must be proven by clear and
convincing evidence, it being an essential element of the offense of frustrated
Arson or attempted suicide.
Atty. Frias:
You lit a torch, and you are facing the building. Nahuli ka. - ATTEMPTED How may intent to kill be proved? (M2-W3)
Yung nasunog ung mga upuan? - FRUSTRATED a) Motive
Nasunog kahit maliit lang na part ng wall. – CONSUMMATED b) Nature or number of weapons used in the commission of the crime
c) Nature and number of wounds inflicted on the victim Who are criminally liable?
d) Manner the crime was committed IN ALL INSTANCES, only the principals and accomplices are criminally liable.
e) Words uttered by the offender at the time the injuries are inflicted by him
on the victim Atty. Frias: Why aren’t accessories punishable?
Because arresto menor is the lowest possible penalty (in terms of confinement)
MORTAL WOUND NON-MORTAL WOUND you can impose on a person. Accessories are punished with penalties that are 2
Sufficient to cause the Not sufficient to cause the degrees lower from the penalty given to the principal. Ano pang mabibigay mong
victim’s death victim’s death penalty sa kanya e lowest na nga ang arresto menor in terms of imprisonment?
Art. 8. Conspiracy and proposal to commit a felony. –

Physical Injuries vs. Frustrated/Attempted Murder/Homicide/Parricide/Infanticide Conspiracy and proposal to commit a felony are punishable only in the cases in
PHYSICAL INJURIES FRUSTRATED/ATTEMPTED MHPI which the law specially provides a penalty therefor.
No intent to kill Intent to kill
If one inflicts physical injuries on A conspiracy exists when two or more persons
another but the latter survives if the Come to an agreement
offender had no intention to kill the Concerning the commission of a felony
victim And decide to commit it.
Atty. Frias: A stabbed B. Mamamatay na dapat si B. Biglang nagbago isip ni A. There is proposal
Pinagamot niya or he saved B’s life. What crime was committed? When the person who has decided
Serious physical injuries. To commit a felony
Proposes its execution
Art. 7. When light felonies are punishable. – To some other person or persons.
Light felonies are punishable
Only when they have been consummated, General Rule: Conspiracy and proposal to commit a felony are not punishable
With the exception of Exception: in cases where the law specially provides therefor.
Those committed
Against persons or property. What is conspiracy?
Conspiracy exists when two or more persons come to an agreement concerning
General rule: Light felonies are punishable only when they have been the commission of a felony and they decide to commit it.
consummated.
Exception: Those committed against persons or property. What are the elements of conspiracy? (A-D-O)
1. Agreement concerning the commission of a felony
What is a light felony? 2. Decision to commit the felony
An infraction of law for the commission of which the penalty of arresto menor or a 3. Overt acts which, though: (D-I-S)
fine not exceeding P200, or both, is provided. a. Different
b. Separate, and
Why is a light felony punishable only when it is consummated? c. Independent of each other
Because it produces such light, insignificant moral or material injury that public Indicate: (C-C-P)
conscience is satisfied with providing a light penalty for its commission. a. Closeness
b. Coordination, or
If it is not consummated, the wrong done is so slight that there is no need for c. Personal association
providing a penalty at all. So as to show a: (C3J)
a. Concerted action
Stages of execution, rules. b. Common criminal design
GR: If only in the attempted or frustrated stage  NOT PUNISHABLE. c. Community of criminal purpose, or
Exception: constitutions a crime against persons or property  ALL stages of d. Joint criminal objective
execution are punishable.

Atty. Frias: Does Art. 8 define a crime? Why, generally, is mere conspiracy not a crime?
NO. It only DEFINES WHAT and states WHEN conspiracy and proposal to It is a reprehensible act from the viewpoint of morality that as long as the
commit a felony is punishable conspirators do not perform overt acts in furtherance of their malevolent design,
If there is no penalty provided for in the provision, then it is not a definition of a then the sovereignty of the State is not outraged and the tranquility of the public
crime. remains undisturbed.
What are the instances where mere conspiracy is already punishable under the HOWEVER, when in the execution of a common scheme a felony is committed
RPC? (T-R-S-C-C) by two or more malefactors, the existence of a conspiracy assumes pivotal
1. Treason importance in the determination of the liability.
2. Rebellion
3. Sedition What are the effects of conspiracy on the criminal liability of the accused?
4. Coup d’etat  If there is conspiracy  ALL OF THE ACCUSED should be equally
5. Combinations and monopolies in restraint of trade criminally liable.
 “Act of one is the act of all.”
Atty. Frias: in these cases, why is mere conspiracy already punishable?  It is not necessary that each of the persons charged as a conspirator
Majority of these crimes are crimes against nations. It is the State who is already should participate in each and every detail of the execution of the crime.
endangered.  As long as pasok siya sa elements ng conspiracy, yari silang lahat and
they are all punished as principals.
Atty. Frias: Is a preparatory act different from an overt act?
YES. How may conspiracy be determined?
Preparatory act – pwedeng nasa indeterminate phase pa lang. It may or may not  May be logically inferred and proved through acts of the accused that
be for a criminal purpose. You are still not sure. (Example: ladder sa wall) they point to a common purpose, a concert of action, and a
Overt act – subjective phase/attempted stage (holding the chicken to steal it) community of interest.
 It is no longer necessary to determine who among the malefactors
What are the instances where mere conspiracy is already punishable under rendered the fatal blow.
Special Penal Laws? (D-T-A)
1. Comprehensive Dangerous Drugs Act (RA 9165) – (C-MIMS) Is mere presence at the scene of the crime make one a conspirator?
a. Import any dangerous drug and/or precursor and essential General Rule: NO.
chemical Exception: If his presence is to provide: (M-R)
b. Sell, trade, administer, dispense, deliver, distribute and  Moral support, and
transport any dangerous drug and/or controlled precursor and  Reinforce the aggression, then he may be liable as a conspirator.
essential chemical
c. Maintain a den, dive or resort where any dangerous drug is When may conspiracy be implied?
used in any form From the:
d. Manufacture any dangerous drug and/or controlled precursor  Acts committed, or
and essential chemical; and  From the words, remarks, or language uttered by the accused:
e. Cultivate or culture plants which are sources of dangerous o Before
drugs o During, or
2. Terrorism o After the commission of the crime
3. Arson
When accused are relatives, rules.
What is proposal?  In order to determine whether the accused, being relatives, are in
When the person who has decided to commit a felony proposes its execution to conspiracy, the prosecution must prove the existence of conspiracy
some other person or persons. as clearly and convincingly as the commission of the crime itself.
 It must be clear and not presumptive.
What are the instances where proposal to commit a crime are already  Conspiracy is not presumed.
punishable? (T-R-C)  Just because of the fact that the accused are relatives, it does not
1. Treason automatically mean that there is conspiracy.
2. Rebellion
3. Coup d’etat

What is the degree of evidence to prove that conspiracy exists? Less grave felonies
Proof beyond reasonable doubt. 1. Prision correccional
2. Arresto mayor
What if conspiracy is not proved, or it does not exist? 3. Suspension
They shall be liable individually and only up to the extent of his participation in 4. Destierro (there is still deprivation of liberty here)
the commission of the crime.
Light felonies
Mere presence at the scene of the crime and shouting/cheering do not show 1. Arresto menor
conspiracy. Accused is liable as an accomplice. 2. Public censure
In case of doubt, liable only as an accomplice but not as a conspirator. Atty. Frias: Know the names and observe the penalty.
Where one of the accused left the scene of the crime  NOT LIABLE. Art. 10. Offenses not subject to the provisions of this Code. –
Offenses which are or in the future
Art. 9. Grave felonies, less grave felonies, and light felonies. – May be punishable
Grave felonies are those to which Under special laws
The law attaches Are not subject
The capital punishment or To the provisions of this Code.
Penalties which in any of their periods This Code shall
Are afflictive, Be supplementary to such laws,
In accordance with Article 25 of this Code. Unless the latter should specially provide
The contrary.
Less grave felonies are those which
The law punishes with GR: Offenses which are punishable under SPL are not subject to the provisions
Penalties which in their of the RPC.
Maximum period are HOWEVER: the RPC shall be supplementary to the provisions of the SPL
Correccional, EXCEPTION: SPL provides the contrary
In accordance with
The above-mentioned article. Provisions of the RPC which were applied suppletorily to violations of SPL
1. Conspiracy, BP 22
Light felonies are 2. Applying definitions of principals, accomplices, and accessories to
Those infractions of law violations of the Migrant Workers and Overseas Filipino Act of 1995
For the commission of which 3. Habitual delinquent, in violation of the Election Law
The penalty of 4. Subsidiary imprisonment, BP 22
Arresto menor or 5. Confiscation and forfeiture, Opium Law
A fine not exceeding 200 pesos, 6. Art. 100: A person criminally liable shall also be civilly liable
Or both, 7. Applicable to the Anti-Torture Law
Is provided.
Provisions which DO NOT apply suppletorily to violations of SPL
What are grave felonies under Article 25? 1. Mitigating circumstances
1. Reclusion perpetua 2. Aggravating circumstances
2. Reclusion temporal 3. Alternative circumstances
3. Perpetual or temporary absolute disqualification 4. Minimum, medium, maximum period of a given penalty
4. Perpetual or temporary special disqualification 5. Graduated scale of penalties
5. Prision mayor 6. Legal period of duration of penalties
Atty. Frias: People v. Simon: If SPL uses the technical nomenclature of the
RPC, apply the RPC provisions suppletorily to the SPL.

ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN See Secs. 5 and 6 for acts and penalties under VAWC.
Approved on March 8, 2004
Who may file a complaint?
What is ‘violence against women and children’? VAWC shall be considered a public offense which may be prosecuted upon the
Any act or series of acts committed by any person against a woman who is his: filing of a complaint by any citizen having personal knowledge of the
a. wife, circumstances involving the commission of the crime.
b. former wife,
c. or against a woman with whom the person has or had a sexual or Battered woman syndrome, defense.
dating relationship Victim-survivors who are found by the courts to be suffering from BWS do NOT
d. with whom he has a common child, or against her child, whether incur criminal and civil liability notwithstanding the absence of any of the
legitimate or illegitimate, within or without the family abode elements for justifying circumstances of self-defense.
Which result in or is likely to result in:
a. physical Who shall have custody of children?
b. sexual  The woman victim of violence
c. psychological harm or suffering  Children below 7 years old or older but with mental or physical
d. economic abuse including: disabilities shall automatically be given to the mother, with right to
 threats of such acts support, unless the court finds compelling reasons to order otherwise.
 battery  In no case shall custody of minor children be given to the perpetrator of
 assault a woman who is suffering from BWS.
 coercion
 harassment What are the rights of the victims?
1. To be treated with respect and dignity
 arbitrary deprivation of liberty 2. Avail of legal assistance from the PAO of the DOJ or any public legal
assistance office
What is ‘battery’?
3. To be entitled to support services from the DSWD and LGUs
An act of inflicting physical harm upon the woman or her child resulting to the 4. To be entitled to all legal remedies and support as provided for under
physical and psychological or emotional distress. the Family Code
5. To be informed of their rights and the services available to them
How must VAWC be construed?
including their right to apply for a protection order
LIBERALLY to promote the protection and safety of the victims of violence
against women and children.
Confidentiality
All records pertaining to cases of violence against women and their children
Who shall have original and exclusive jurisdiction?
including those in the barangay shall be confidential and all public officers and
Regional Trial Court as a Family Court. employees and public or private clinics to hospitals shall respect the right to
In the absence of such court, the case shall be filed in the RTC where the crime privacy of the victim.
or any of its elements was committed at the option of the complainant.
Prohibited defense
What is a protection order?
Being under the influence of alcohol, any illicit drug, or any other mind-altering
 An order issued under this act for the purpose of preventing further acts substance shall not be a defense under this Act
of violence against a woman or child and granting other necessary
relief. What is ‘battered woman syndrome’?
 Also known as ‘restraining order’ in movies or TV series A scientifically defined pattern of psychological and behavioral symptoms found
 May be Barangay Protection Order (BPO), Temporary Protection Order in women in living in battering relationships as a result of cumulative abuse.
(TPO), and Permanent Protection Order (PPO)
 Enforceable anywhere in the Philippines Who is a ‘battered woman’?
 A woman who is repeatedly subjected to any forceful physical or
Where to apply for a protection order? psychological behavior by a man in order to coerce her to do something
BPO – follow the rules on venue under Sec. 409 of LGC he wants her to do without concern for her rights.
TPO/PPO – RTC, MeTC, MuTC, MCTC with territorial jurisdiction over the place  Include wives or women in any form of intimate relationship with men
of residence. If there is a Family Court, file it in the Family Court.  The couple must go through the battery cycle at least twice

 If it occurs a second time, and she remains in the situation, she is 3. Anyone who acts in defense of the person or rights of a stranger, provided
defined as a battered woman 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,
What are the four characteristics of BWS? (F-I-F-O) resentment or other evil motives.
1. Believes that the violence was her fault 4. Any person who, in order to avoid an evil or injury, does an act which causes
2. She has an inability to place the responsibility for the violence damage to another, provided that the following requisites are present:
elsewhere First, that the evil sought to be avoided actually exists;
3. She fears for her life and/or her children’s lives Second, that the injury feared be greater than that done to avoid it;
4. She has an irrational belief that the abuser is omnipresent and Third, that there be no other practical and less harmful means of
omniscient preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a
What is the cycle of violence in BWS? right or office.
1. the tension-building phase 6. Any person who acts in obedience to an order issued by a superior for some
 minor battering occurs – verbal/slight physical abuse/another lawful purpose.
form of hostile behavior
 woman tries to pacify the batterer What is a justifying circumstance?
 allows herself to be abused in ways that to her are  General Rule: It is generally a circumstance which, if present in the
comparatively minor commission of a felony, relieves the accused of his criminal and civil
2. the acute-battering phase liabilities.
 brutality, destructiveness, death  Exception: Paragraph 4, avoidance of evil or injury, where civil liability
 battered woman deems this incident as unpredictable yet still attaches and which shall be shouldered by the persons benefitted in
inevitable proportion to the benefit received.
 she has no control, only the batterer may put an end to the  Atty. Frias: the exception is based on the doctrine of ‘unjust
violence enrichment’
 often very savage and out of control  Act committed is not considered a crime
 innocent bystanders or intervenors are likely to get hurt  Person who committed it is not considered a criminal
3. the tranquil, loving (or at least nonviolent) phase  There is no crime and there is no criminal
 experience of profound relief  Absence of criminal intent
 batterer may show a tender and nurturing behavior
 begging for forgiveness and promising to never do it again GENERAL RULE
 battered woman also tries to convince herself that it will never The prosecution has the legal duty to prove the guilt of the accused beyond
happen again reasonable doubt
The prosecution should rely on the strength of its own evidence and not on the
Art. 11. Justifying circumstances. – weakness of the evidence for the defense.
The following do not incur criminal liability: If its evidence does not satisfy the standard of evidence  ACQUIT THE
1. Anyone who acts in defense of his person or rights, provided that the ACCUSED even though defense is weak.
following circumstances concur: (The defense here is I DID NOT DO IT, prosecution says YOU DID)
First, Unlawful aggression;
Second, Reasonable necessity of the means employed to prevent or EXCEPTION: Accused invokes a justifying circumstance as his defense
repel it; (Defense ADMITS THAT HE DID IT BUT with a justifying circumstance)
Third, Lack of sufficient provocation on the part of the person defending The burden of evidence is now shifted from the prosecution to the defense.
himself. Reason: defense must admit the fact that he committed that act and then prove
2. Anyone who acts in defense of the person or rights of his spouse, by clear and convincing evidence the requirements of the justifying circumstance
ascendants, descendants, or legitimate, natural, or adopted brothers or that he is relying on, otherwise, his conviction is certain.
sisters or of his relatives by affinity in the same degrees, and those by The defense cures whatever weakness the evidence for the prosecution may
consanguinity within the fourth civil degree, provided that the first and have.
second requisites prescribed in the next preceding circumstance are
present, and the further requisite, in case the provocation was given by the Why should the accused first admit the act before invoking a justifying
person attacked, that the one making defense had no part therein. circumstance?

Because he cannot deny the act and then claim in his defense that he did so Killing cannot be considered a crime from the moment it became the only means
under a justifying circumstance. These are incompatible with one another. left for her to protect her honor from so great an outrage.
Atty. Frias: Defense against property

Is there a crime? NO. There is no intent to kill. The owner or lawful possessor of a thing has the right to exclude any person
So what if there is no intent to kill? Intent is one of the elements of a felony. from the enjoyment and disposal thereof.
What are the elements of a felony again? (A-P-V) For this purpose, he may use such force as may be reasonably necessary to
1) Act or omission repel or prevent an actual or threatened unlawful physical invasion or usurpation
2) Punishable by the RPC of his property.
3) Voluntary (F-I-I) An attack against the property must be coupled with an attack against one’s
 Freedom person that will imperil his own life and limb.
 Intelligence
 Intent – This is LACKING What is unlawful aggression?
It is a sudden, unprovoked and unlawful attack (S-U-U)
Which places a person’s life and limb in danger,
First Circumstance: (Self-defense)
Which is actual, real, or imminent. (A-R-I)
Anyone who acts
In defense of his person or rights,
Atty. Frias: I’m mad at you, I pulled out a knife, and I’m walking towards you. Is
Provided that the following circumstances concur:
there unlawful aggression?
Answer: YES. Hindi pa ba enough na halata na yung intent to harm you?
First, unlawful aggression;
Established na nga na galit ako sayo tapos hindi pa icconsider the unlawful
Second, reasonable necessity of the means employed to prevent or repel it;
aggression yun?
Third, lack of sufficient provocation on the part of the person defending himself.
Atty. Frias: What is ‘imminence’?
What is the rationale of this circumstance? There is an impending danger evidenced by an act positively strong, or showing
 There is justification in man’s natural instinct to protect, repel and save the evil intent of the attacker. 100% certainty is not required.
himself from impending danger or peril.
 It is based on the impulse of self-preservation. Atty. Frias: How do you differentiate ‘imminence’ from ‘speculation’?
 Grounded on the impossibility of the State to always be there to protect Speculation is just imaginary. In imminence, it is more likely that aggression will
a person unlawfully attacked happen.
What are the requisites of self-defense? (U-R-L) Under such conditions, an accused cannot be expected to reflect coolly
1. Unlawful aggression nor wait after each blow to determine the effects thereof.
2. Reasonable necessity of the means employed to prevent or repel it There should be an act positively strong, showing the wrongful intent of an
3. Lack of sufficient provocation on the part of the person defending aggressor, not merely a threatening or intimidating attitude, but a material attack.
himself
The aggression must be real and not just imaginary. (People v. Arnante:
What is the scope of self-defense? (L-H-P-R) napikon ung anak after mapahiya sa party)
1. Life or person
2. Honor Superficiality of the nature of wounds
3. Property  The nature of the wounds inflicted on the accused does, per se,
4. Rights negate self-defense.
 Actual wounding of the person defending himself is not necessary.
Defense against honor - People v. Luague discussion  The act of a person armed with a bladed weapon pursuing
Q: “Will the attempt to rape a woman constitute an aggression sufficient to put another constitutes unlawful aggression because it signifies the
her in a state of legitimate defense?” pursuer’s intent to commit an assault with this weapon.
A: “We think so.”
Roman Law: Because virginity or chastity, once defiled, cannot be restored. Time when unlawful aggression must be present
Roman language: quum virginitas, vel castitas, corrupta restitui non potest To be appreciated, unlawful aggression must be a continuing circumstance, or
Must have been existing at the time the defense is made.

What does ‘reasonable necessity’ depend on? People v. Malazzab
Upon the imminent danger of injury, not on the actual harm of the accused. When the accused was able to disable the victim by firing at his right thigh, there
That the gunshot wounds inflicted by the accused proved to be fatal does not was no more reasonable necessity of the means employed by the accused by
make the means he employed any less reasonable under the circumstances. firing at the victim successively thereafter.
US v. Guy-sayco People v. Maalat

In order to consider that an unlawful aggression was actually committed, it is When the accused disarmed the victim, unlawful aggression has ceased.
necessary that an attack or material aggression, an offensive act positively
determining the intent of the aggressor or to cause an injury shall have been Unlawful aggression ceases when the aggressor runs away. Wounding the
made. aggressor constitutes retaliation and not self-defense.
When the aggressor flees, there can be no unlawful aggression.
Material aggression An accused was no longer acting in self-defense when he pursued and killed a
An offensive act positively determining the intent of the aggressor fleeing adversary.
A mere threatening or intimidating attitude is not sufficient to justify the HOWEVER, if the deceased fled to: (A-H-A)
commission of an act.  Take a more advantageous position, or
 Take a higher ground, or
What is the basic foundation of self-defense?  To get another weapon
Unlawful aggression. The aggression is still continuing, and there is still a continuing danger.
People v. Dala RETALIATION UNLAWFUL AGGRESSION

Wedding; drunk; Francisco suddenly stabbing Julio in the chest. The aggression that was begun by The aggression was still existing
the injured party already ceased when the aggressor was injured by
A plea of self-defense cannot be justifiably appreciated in favor of the accused when the accused attacked him the accused
where it is not only corroborated by independent and competent evidence but is
also extremely doubtful by itself. There is still a continuing danger to the life and limb of the accused when the
deceased continues to retrieve the weapon wrested away from him by the
Slap on the face constitutes unlawful aggression, why? accused.
The face represents a person and his dignity, slapping it is a serious personal
attack. It is a physical assault coupled with a willful disregard of an individual’s Unlawful aggression must come from the person, directly or indirectly, who was
personality. attacked by the accused.
Don’t be stupid.
Where no unlawful aggression is present, examples. When the author of the unlawful aggression is not known, such element of
1. Mere belief of an impending attack self-defense cannot be considered present.
2. Raising of one’s voice during an altercation
3. Foot-kick greeting What if there was an agreement to fight?
4. A slight push on the head (“batok”)  The right of self-defense cannot be invoked because the aggression
5. A mere push or shove, not followed by other acts placing in real peril the becomes merely an incident in the fight which is bound to arise from
life or personal safety of the accused one or the other combatant.
6. Merely acted belligerently, arrogantly and menacingly  It is immaterial who attacks or receives the wound first.
7. Mere act of holding a knife in a threatening manner, without initiating an  BUT, if the aggression was ahead of the stipulated time and place, it is
attack considered unlawful.
8. Injurious words or threats  A person who voluntarily joins a fight cannot claim self-defense because
9. Acting as if to pull something from the pocket there is no unlawful aggression.
10. Simply concluding that the victim was about to draw a gun because he
used to see the victim carrying one Paramour caught in adultery with wife cannot invoke self-defense. Deceased
husband had the right to defend his honor.
There is no more right to kill when the aggression has ceased. US vs. Merced
Less violent means would have sufficed. The deceived and offended husband has the right to defend his honor and rights
by punishing the offender of his honor.

GR: Mere act of drawing a gun does not constitute unlawful aggression The nature, number, location, and extent of the wounds of the deceased
Exception: Pointed to a target may belie the claim of self-defense.
If the accused stabbed the two victims merely to defend themselves, then it
‘Reasonable necessity’ is a requisite that always accompanies unlawful certainly defies reason why they had to inflict 16 mortal hack and stab wounds on
aggression. one of them and six hack wounds on the other. (People v. Gregorio)
Unlawful aggression in turn creates in the mind of the accused a need or
necessity to eliminate the same and prevent or repel the aggression in Other physical evidence that may belie the claim of self-defense
obedience to his instinct of self-preservation. 1. Revolver still tucked in the waistband
2. Victim wasn’t armed
‘Reasonable means’ to prevent or repel an aggression 3. Disparity of the injuries suffered between the accused and the victim
 The law does not require that there be material commensurability 4. Victim was not in a position to put up any kind of defense considering
between the means of offense and defense. the fact that he was seated and resting underneath a tree
 It is sufficient that there is rational equivalence between the means of
offense and defense. What is ‘provocation’?
 Factors: (E-I-I-W-P-C) Any unjust or improper conduct or act of the offended party,
1. Existence of an emergency Capable of exciting, inciting, or irritating anyone.
2. Imminent danger to which the person attacked is exposed
3. Instinct, more than reason, which impels the defense What is ‘sufficient provocation’?
4. Nature and quality of the weapon used by the aggressor Provocation is sufficient when it is adequate to steer one to its commission.
5. Physical condition of the aggressor It is sufficient when it is adequate to excite a person to commit the wrong, which
6. Character of the aggressor must accordingly be proportionate in gravity.
That the provocation must immediately precede the act means that there
Atty. Frias: (talking to a male student) You’re trying to box me, I have a gun in should not be any interval of time between the provocation by the offended
my bag, I pulled it out and I shot you. Is the means considered reasonable? party and the commission of the crime by the person provoked.
Answer: YES. Why?
1. Difference in physical condition of aggressor and aggressee. Socially Sufficient provocation must not come from the person defending himself
accepted norm that women are physically inferior to men. If the provocation was not given by the accused but by the brother-in-law of the
2. I just shot him. May sinabi ba kong mortal wound? Wala diba? deceased, then the accused is still entitled to claim self-defense because the law
requires that sufficient provocation must not come from the person defending
Instances of reasonable means to prevent or repel the aggression himself.
1. Stabbing unfaithful wife with bolo wrested from her is self-defense
2. Use of pocket knife against aggressor using cane So it may not come from the deceased, but as long as it did not come from the
3. Use of a balisong against a person attacking with caboratta accused, then self-defense may be claimed.
4. Use of a knife by a cornered man with his back to an iron railing against
three or four striking aggressors who are larger and stronger than he Provoking an imaginary commission of a wrong in the mind of her husband
5. Use of a bolo against an aggressor making use of a bolo is not sufficient provocation.
6. Use of a bolo by a cornered person against a bolo
7. Use of a bolo against a violent aggressor using fist The mere utterance of the words, “if you do not agree, beware” does not
8. Use of an armalite constitute sufficient provocation.
It cannot be considered as sufficient provocation if there is no further proof that
Instances where there is no reasonable means he was bent upon translating his vague threats into immediate action.
1. Use of a bamboo pole against an aggressor not using his fist
2. Use of a revolver against an unarmed aggressor Assuming that there was provocation, repeatedly hacking the victim to death
3. Use of a pocketknife against an unarmed aggressor cannot be considered justified.
The facts and circumstances indicate a determined effort by the accused at the
It is the duty of a police officer to stand ground and not give his opponent time to kill the vici. (People vs. Nemeria)
an opportunity for a fair and equal struggle.
A police officer cannot, like a private individual, flee from his aggressor. Where presence of sufficient provocation did not entitle the accused to a claim of
The force he may exert therefore differs somewhat from that which may ordinarily self-defense (because the provocation came from the person defending himself)
be offered in self-defense.

1. Where the accused repeatedly challenged the deceased to a fight, the Provided that
challenge not being accepted, and a third person seized him and The first and second requisites prescribed in
pushed him The next preceding circumstance are present,
2. Offensive language used by the accused And the further requisite,
3. The accused tried to forcibly kiss the sister of the deceased, the In case the provocation was given
accused gave sufficient provocation for the deceased to attack him By the person attacked,
4. The accused fired at the victim That the one making defense
Had no part therein.
Retreat to the wall doctrine
It is the duty of a person assailed to retreat as far as he can before he is justified What are the requisites of defense of a relative? (U-R-P)
in meeting force with force. 1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel the
Stand ground when in the right rule aggression
This is now the prevailing doctrine. 3. In case the provocation was given by the person attacked, the person
This new rule is not absolute. defending has no part therein
Justice Harlan: the defendant was not obliged to retreat, nor consider whether he People v. Agapinay
could safely retreat, but was entitled to stand his ground and meet any attack If there is no unlawful aggression there would be nothing to prevent or repel.
made upon him with a deadly weapon, in such a way and with such force as, Injurious words or threats do not amount to unlawful aggression.
under all circumstance, he, at the moment, honestly believed and had
reasonable grounds to believe was necessary to save his own life. People v. Yncierto
The law of self-defense or the defense of a relative is founded on necessity,
When can this new rule be invoked? hence when it is made to appear from the facts and circumstances of any
Only if the accused did not provoke the assailant. particular case that no necessity for the killing existed, the plea should fail.
Admission that he killed the deceased is only an admission of fact and not Lack of provocation on the part of the defending relative
an admission of guilt. If the provocation came from the relative being defended, the person defending
He does not lose the Constitutional presumption of innocence in his favor must have had no part therein.
because he may still prove the elements of self-defense by clear and convincing
evidence. People v. Olbinar
Procerfina had no way of knowing if her husband had given provocation for the
Admission of guilt – causes the accused to lose his rights: attack. She herself had not given any such provocation. The means employed by
 To be presumed innocent, and her were not in the premises unreasonable considering that without any weapon,
 To present evidence for his defense and acquittal. she was no match for either of the assailants, much less both of them.
The court may render judgment simply on the basis of his admission of guilt.
Exception: Although there is an admission of guilt, the accused may still be Relatives who may be defended: (S-A-D-L-N-A-A-C)
allowed to present evidence to prove mitigating circumstances and not his 1. Spouse
defense for his acquittal. 2. Ascendants
3. Descendants
Second circumstance: (Defense of a Relative) 4. Legitimate
Anyone who acts 5. Natural
In defense of the person or rights of his (S-A-D-L-N-A-A-C) 6. Adopted brothers or sisters
Spouse, 7. Relatives by affinity in the same degree
Ascendants, 8. Relatives by consanguinity within the fourth civil degree
Descendants, or
Legitimate, Spouse
Natural, or Refers to the lawful or legitimate spouse
Adopted brothers or sisters or
Of his relatives by affinity in the same degrees, and If marriage has a legal flaw  husband may still claim defense of a spouse
Those by consanguinity within the fourth civil degree provided there is still no judicial order of nullity

If there is merely legal separation  defense of a spouse may still be claimed 3. The person defending be not induced by: (R-R-E)
because here, the marital tie between the spouses is not served a. Revenge
b. Resentment, or
Ascendants c. Other evil motive
Parents, grandparents, great-grandparents…
Relatives by blood in the direct ascending line. What is a ‘stranger’?
Refers to any person not included in the term “relatives” enumerated in Art.
Descendants 11(2).
Relatives by blood in the direct descending line
Children, grandchildren, great-grandchildren… Concept of ‘unlawful aggression’ and ‘reasonable necessity of the means
employed’ in self-defense and in defense of a relative is the same as in defense
Legitimate, natural or adopted brother or sister of a stranger.
Legitimate – same father and mother joined by a lawful marriage
Natural – shares parentage who are not lawfully married The person induced be not induced by revenge, resentment, or other evil motive.
Adopted – brother or sister joined as such by judicial adoption
US v. Subingsubing
Atty. Frias: there must a decree of judicial adoption ha. A person who did nothing more than furnish a weapon to one whom he saw in
What about half-sisters? Paano bilang nun? peril and in great need of defending himself and repelling a serious assault, and
where the person assaulted made lawful and reasonable use of the weapon
Atty. Frias: What about illegitimate children? furnished, it is illogical and unjust to deny to said assistant the same exemption.
NOT COVERED.
People v. Valdez
Atty. Frias: All marriages are presumed valid unless there is a declaration of Silvino might have reasonably assumed that he had to deal with a desperate or
nullity already. What if there is already a final judgment of nullity of marriage, can possibly insane person who had to be rendered harmless.
the husband still invoke this defense?
NO, UNLESS the 15-day period for appeal has not yet lapsed. Atty. Frias: It is very important that you know the THIRD requisite of
circumstances 1-3.
Relatives by affinity within the same degrees
Related by reason of marriage. Fourth circumstance: (causing damage to another in order to avoid an evil or
Ascendants-in-law, descendants-in-law, brothers-in-law, sisters-in-law injury)
Any person who,
Relatives by consanguinity within the fourth civil degree In order to avoid an evil or injury,
Uncles/Aunts, first cousins Does an act which
Causes damage to another,
Third circumstance: (Defense of a stranger) Provided that the following requisites are present:
Anyone who acts
In defense of the person or rights First. That the
Of a stranger Evil sought to be
Provided that the first and second requisites Avoided actually exists;
Mentioned in the first circumstance of this Article are present
And that the person defending Second. That the
Be not induced by (R-R-E) Injury feared be
Revenge, Greater than that
Resentment Done to avoid it.
Or other evil motive.
Third. That there be
What are the requisites? (U-R-I) No other practical
1. Unlawful aggression And less harmful means
2. Reasonable necessity of the means employed to prevent or repel the Of preventing it.
aggression
What are the requisites? (E-I-P-N)
1. The evil sought to be avoided actually exists While there are limits to the lawful exercise of a right or duty, at the same time, it
2. The injury feared be greater than that done to avoid it should not be required of a policeman to unnecessarily expose himself to peril.
3. There is no other practical and less harmful means of preventing the
evil or injury People v. Delima; Valcorza v. People
4. The evil or injury sought to be avoided must not be caused by the Escapee prisoner. Policeman was acquitted since the surrounding circumstances
negligence or imprudence of the accused, nor must it be the result of justified the firing of the gun which eventually killed the escapee prisoner.
any violation of the law.
To hold him guilty of homicide may have the effect of demoralizing police officers
People v. Avaya in discharging official functions identical or similar to those in the performance of
Husband died because his eye was hit by the umbrella which Elias was engaged at the time he fired at the deceased.
If she thus cause her husband’s injury, it was by mere accident. In thrusting her Only absolute necessity can authorize a prison guard to fire a gun against
umbrella into the opening of the door in question, she did so to free her son from escaping prisoners.
the imminent danger of having his head crushed or being strangled. While custodians of prisoners should take all care to avoid the latter’s escape,
only absolute necessity would authorize them to fire against them.
Atty. Frias: Most common example here is when for example, A is driving e may
masasagasaan na siyang tao, so he tried to avoid it. E nakatama siya ng bahay. Performance of duties does not include murder.
Kailangan niyang bayaran yung may-ari ng bahay. Now the question lies, what if “Murder is never justified, regardless of the victim.”
A did not have a driver’s license? Can he still invoke this defense?
NO. Lack of the 4th requisite: there was a violation of the law eh. Sixth circumstance: (Acting in obedience to an order of a superior issued for a
lawful purpose)
Fifth circumstance: (acting in fulfillment of a duty or in the lawful exercise of a Any person who
right or office) Acts in obedience
Any person who acts To an order
In the fulfillment of a duty Issued by
Or in the A superior
Lawful exercise of For some lawful purpose.
A right or office.
What are the requisites? (L-S-P)
What are the requisites? (A-N-L) 1. The order must be lawful.
1. Accused must have acted in: (P-L) 2. The order must come from a superior.
a. the performance of a duty or, 3. The order must be issued for a lawful purpose.
b. In the lawful exercise of a right or office.
2. The injury caused or the offense committed should have been the Obedience to an illegal order of a super is not justifying.
necessary consequence of such lawful exercise. Order to falsify documents is illegal.
3. 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 In order to work exemption from criminal responsibility for obeying the orders of a
imprudence, neglect, or abuse in the fulfillment of duty or exercise of superior, it must be shown that both the person who gives the order and the
such right or office. person who executes it are acting within the limitations prescribed by law.
Firing of a gun at a man who was sleeping without making any prior reasonable Order to torture a civilian is illegal.
inquiry about the latter’s identity constitutes negligence. The deceased may have given offense, but that did not give the Sergeant the
See People v. Oanis. Error in personae is not a defense. right to take the law in his own hands and have the offender subjected to
inhumane punishment.
Frias v. People
The policeman had very little choice but to use his weapon. Bartolome and Order by a military officer addressed to a subordinate to immediately execute the
Gervacio fired simultaneously. Under these circumstances, it can be hardly said death penalty is illegal.
that Tacas should not have fired at all. As his life was in peril, his judgment
cannot be questioned.
Art. 12. Circumstances which exempt from criminal liability. – There is no crime and no criminal There is a crime but there is no
The following are exempt from criminal liability: criminal
1. An imbecile or an insane person, unless the latter has acted during a lucid The element of voluntariness which is The elements of voluntariness which
interval. lacking a criminal INTENT are lacking are INTELLIGENCE and
When the imbecile or an insane person has committed an act which the law FREEDOM
defines as a felony (delito), the court shall order his confinement in one of
the hospitals or asylums established for persons thus afflicted, which he Must the accused initially admit the fact that he committed the act charged?
shall not be permitted to leave without first obtaining the permission of the  YES. Denying the act that he is being charged with and invoking any
same court. exempting circumstance are incompatible with each other.
2. A child 15 years old or under at the time of the commission of the offense.  Having admitted that he committed the act, the burden of evidence
However, that child shall be subjected to an intervention program pursuant shifts to the accused who is bound to prove by clear and convincing
to Section 20 of RA 9344. (As amended by Section 6 of RA 9344 which was evidence the requisites of the exempting circumstance he is invoking.
approved on April 28, 2006 and took effect on May 20, 2006)  Such admission cures whatever weakness the prosecution’s evidence
may have.

3. A child 15 years old but below 18 at the time of the commission of the
offense who shall be subjected to an intervention program pursuant to
Section 20 of the Act, unless he acted with discernment, in which case such
child shall be subjected to appropriate diversion proceedings under Sections
23-31 of RA 9344. (As amended by Section 6 of RA 9344 which was
approved on April 28, 2006 and took effect on May 20, 2006)
First circumstance: (Insanity or Imbecility)
An imbecile or an insane person,
Unless the latter has
Acted during
A lucid interval.
4. Any person who, while performing a lawful act with due care, causes an
injury by mere accident without fault or intention of causing it. When the imbecile or insane person
5. Any person who acts under the compulsion of irresistible force. Has committed an act
6. Any person who acts under the impulse of an uncontrollable fear of an equal Which the law defines as a felony (delito),
or greater injury. The court shall
7. Any person who fails to perform an act required by law, when prevented by Order his confinement in
some lawful or insuperable cause. One of the hospitals or asylums
Established for persons thus afflicted,
Which he shall not be
What is an exempting circumstance?
Permitted to leave
 General Rule: A circumstance which, if present in the commission of a
Without first obtaining the permission
felony, frees the offender from criminal liability but does not relieve him
Of the same court.
of civil liability.
 Exception: Paragraph 4 (accident) where the offender is relieved of
both criminal and civil liabilities. (Why? NO INTENT) Missing element: VOLUNTARINESS lacking INTELLIGENCE and FREEDOM
 The accused is deprived of INTELLIGENCE and FREEDOM.
 There is a crime committed What is ‘insanity’?
 No criminal liability, only civil liability.  “A manifestation in language or conduct, of disease or defect of the
brain, Or a more or less permanently diseased or disordered condition
What is the difference between a justifying and an exempting circumstance? of the mentality, functional or organic, and characterized by: (P-I-D-I)
JUSTIFYING CIRCUMSTANCE EXEMPTING CIRCUMSTANCE o perversion
There is neither criminal nor civil There is no criminal liability but there o inhibition, or
liability (except Paragraph 4, damage is civil liability (except Paragraph 4, o disordered function of the sensory or of the intellective
to another where there is civil liability) accident, where there is neither faculties, or
criminal nor civil liability) o By impaired or disordered volition.”

 Under our jurisdiction, there has been no case that lays down a definite general, and are by common consent recognized as sane and competent to
test or criterion for insanity. perform the ordinary duties and assume the ordinary responsibilities of life.
If there is no case that lays down a definite criterion, then what can the Supreme Traditional and Obsolescent Terms Now Applied
Court use? Description Term IQ Range Maximum Intellectual
Section 1039 of the Revised Administration Code. Function in Adult Life
Under this section, insanity is evinced by a deranged and perverted condition of Idiot 0 – 19 Average 2 year old
the mental faculties, which is manifested in language or conduct. Imbecile 20 – 49 Average 7 year old
Moron or Feebleminded 50 – 69 Average 12 year old
An insane person has no full and clear understanding of the nature and Borderline Intelligence 70 - 89
consequence of his act.
Insanity vs. Imbecility
Insanity may be shown by surrounding circumstances such as: (G-I-B-I)
 The person’s general conduct and appearance INSANITY IMBECILITY
 Acts and conduct inconsistent with his previous character and habits One who has an unsound mind or A person marked by mental
 Irrational acts and beliefs suffers from a mental disorder deficiency
 Improvident bargains May have lucid intervals May not have lucid intervals
A temporary ailment Permanent ailment
What is ‘imbecility’? Not continuous Continuous
 Analogous to childishness and dotage. Exempts the accused from criminal Exempt the accused from criminal
 One who must be deprived completely of reason or discernment and liability liability at all times
freedom of will at the time of committing the crime UNLESS he commits a crime during
 While advanced in age, has a mental development comparable to that a lucid interval
of children between 2 and 7 years of age (People v. Nunez); or
between 3 and 7 years of age (People v. Limio, People v. Pamor, What is the level of imbecility or insanity in order that one may be exempted from
People v. Race) criminal liability?
 “a mentally defective person of the second lowest order of intellectual He must be completely deprived of: (R-D-F)
potential, usually requiring custodial and complete protective care”  reason or
 “a form of mental disease consisting in mental deficiency either  discernment and
congenital or resulting from an obstacle to the development of the  freedom of the will at the time of commission of the crime
faculties supervening in infancy”
 “for any process of reasoning, or any general observation or abstract Presumption of insanity
ideas, imbeciles are totally incompetent. Of law, justice, morality,  Every man is sane.
property, they have but a very imperfect notion”  Anyone who pleads the exempting circumstance of insanity bears the
burden of proving that he was completely deprived of reason when he
Mental retardation vs Mental deficiency committed the crime charged.
Although interchangeable, mental deficiency is usually reserved for those without  NOTE: mere abnormality of his mental faculties does not exclude
recognizable brain pathology. imputability
 The law always presumes all acts to be voluntary. It is improper to
Level Description Term IQ Range presume that acts were executed unconsciously
I Profound Below 20  The burden of proving insanity rests on the defense (kaya nga it’s
II Severe 20-35 important that you admit to the fact that you did the crime before you
III Moderate 36-52 can invoke this circumstance)
IV Mild 53-68  If there is no proof that defendant was of unsound mind when the
criminal act was performed, his habitual condition being healthy, there is
What is a normal mind? a presumption of insanity
One which in strength and capacity ranks reasonably well with the average of the
great body of men and women who make up organized human society in Circumstantial evidence is sufficient to overthrow the presumption of sanity

People v. Bonoan 8. Schizophrenia is not exempting if it did not completely deprive him of
 “Has there been presented sufficiently convincing evidence, direct or the intelligence or consciousness of his acts
circumstantial, to a degree that satisfied the judicial mind that the 9. Not every aberration of the mind or mental deficiency constitutes
accused was insane at the time of the perpetration of the offense?” insanity.
 It is permissible to receive evidence of the condition of his mind a “A man may act crazy, but it does not necessarily and conclusively
reasonable period both before and after that time. prove that he is legally so.”
REMEMBER: Direct testimony is not required, nor are specific acts of Confinement in a hospital or asylum if the accused is insane
derangement essential to establish insanity as a defense. When the imbecile or an insane person has committed an act which the law
Circumstantial evidence, if clear and convincing, suffices. defines as a felony, the court shall order his confinement in one of the hospitals
or asylums established for persons thus afflicted. He shall not be permitted to
The insanity should exist at the time the crime is committed. leave without first obtaining the permission of the same court.
Insanity before or after the commission of the crime does not exempt the
accused from criminal liability. What is a ‘child in conflict with the law’?
A person who is under 18 years of age and is alleged as, accused of or adjudged
The following had been held to be exempting: (D-S-D-M-S-D) or (D3-S2-M) as having committed an offense under Philippine laws.
1. A fit of epilepsy may be considered as inanity, provided that the same How he is treated and proceeded against shall be governed by RA 9344 from
occurred before or during the commission of the crime. prevention to rehabilitation and reintegration.
2. Somnambulism or sleepwalking, where the acts of a person are
automatic, is embraced in insanity. THE JUVENILE JUSTICE AND WELFARE ACT OF 2006
3. Committing a crime while in a dream may be embraced in insanity. (RA 9344)
(People v. Taneo: defendant dreamt of defending himself from his Approved on April 28, 2006
enemies.) Took effect on May 20, 2006
4. Temporary insanity caused by malignant malaria
5. Schizophrenia may be exempting, provided that it completely deprives Atty. Frias: favorite ko ‘to. (So high possibility of being included in the exams)
the accused of freedom of will, reason and discernment. (It depends on
the case, also depending on medical experts’ testimonies.) Covered: children at risk and children in conflict of the law
6. Dementia praecox may be exempting. Construed liberally in favor of the child in conflict of the law
The symptoms of dementia praecox, in certain periods of excitement, Whenever appropriate and desirable, the State shall adopt measures for dealing
are similar to those of manic depressive psychosis. “He has no control with such children without resorting to judicial proceedings, providing that human
of his acts.” rights and legal safeguards are fully respected.
There is in this disorder a pathologic lessening of normal inhibitions
which may lead to actions that impair deliberations and the use of What stages does it cover? (P-R-R)
normal checks to motor impulses.  Prevention
 Rehabilitation
The following had NOT been held to be exempting:  Reintegration
1. Mere weakness of mind or mental faculties is not insanity
2. Feeblemindedness is not insanity because the offender could How must it be construed?
distinguish right from wrong. Liberally in favor of the child in conflict with the law (CICL)
The accused may be mentally deficient, but his feeblemindedness does
not exempt him from criminal liability. What is ‘bail’?
3. Mere abnormality of mental faculties is not insanity. The security given for the release of the person in custody of the law, furnished
4. Intoxication (considered as aggravating if found to be habitual) by him/her or a bondsman, to guarantee his/her appearance before the court.
5. Amnesia UNLESS shown by competent proof. It may be in the form of:
Failure to remember is in itself no proof of the mental condition of the  Corporate security
accused.  Property bond
6. Eccentricity or abnormality of behavior.  Cash deposit
At most these could be eccentricities which do not mean complete  Recognizance
deprivation of intelligence or discernment.
7. Temporary insanity

What is the ‘best interest of the child’? What is ‘court’?
It refers to the totality of the circumstances and conditions which A family court, or if there are no family courts, any regional trial court.
Are most congenital to the: (S-P-F)
 Survival What is ‘diversion’?
 Protection, and An alternative, child-appropriate process of
 Feelings of security of the child, and Determining the responsibility and treatment of a CICL on the basis of:
Most encouraging to the child’s: (P-P-E)  His social,
 Physical  Cultural,
 Psychological, and  Economic,
 Emotional development.  Psychological, or
It also means the least detrimental available alternative for safeguarding the  Educational background
growth and development of the child. Without resorting to formal court proceedings.
What is a ‘child’? What is a ‘diversion program’?

A person under the age of 18 years. The program that the CICL is required to undergo after he is found responsible
for an offense without resorting to formal court proceedings.
What is a ‘child at risk’?
A child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family, and social circumstances.
What are these circumstances?

(1) Being abused by any person through:
a. Sexual What is ‘intervention’?
b. Physical A series of activities which are designed to address issues that caused the
c. Psychological child to commit an offense. It may include:
d. Mental  Counseling,
e. Economic, or  Skills training,
f. Any other means, and  Education, and
The parents or guardian  Other activities that will enhance his/her psychological, emotional, and
a. Refuse, psycho-social well-being.
b. Are unwilling, or
c. Unable to provide protection for the child
(2) Being exploited sexually or economically
(3) Being abandoned or neglected, and
After diligent search and inquiry,
The parent or guardian cannot be found
(4) Coming from a dysfunctional or broken family or without a parent or
guardian What is the ‘Juvenile Justice and Welfare System’?
(5) Being out of school A system dealing with children at risk and CICL which provides child-
(6) Being a streetchild appropriate proceedings, including programs and services for:
(7) Being a member of a gang  Prevention,
(8) Living in a community with a high level of criminality or drug abuse; and  Diversion,
(9) Living in situations of armed conflict  Rehabilitation,
 Re-integration, and
What is a ‘child in conflict with the law’?  Aftercare
A child who is: (A-A-A) To ensure their normal growth and development.
 Alleged as
 Accused of, or What is ‘recognizance’?
 Adjudged as An undertaking in lieu of a bond assumed by a parent or custodian who shall be
Having committed an offense under Philippine laws. responsible for the appearance in court of the CICL when required.

What is ‘Restorative Justice’? Victimless crimes 1. Local social Meet with the child and his
A principle which requires a process of resolving conflicts with the maximum welfare and parents/guardians for the
involvement of the victim, the offender, and the community. It seeks to development development of the:
obtain: (R-R-R) officer, AND 1. Appropriate diversion, and
 Reparation for the victim 2. BCPC 2. Rehabilitation program
 Reconciliation of the:
o Offender Where may diversion be conducted?
o Offended 1. Katarungang Pambarangay
o Community 2. Police investigation or the inquest or preliminary investigation
 Reassurance to the offender that he/she can be reintegrated into At ALL levels and phases of the proceedings including judicial level.
society
Contract of diversion
What are ‘victimless crimes’? If during the:
Offenses where there is no private offended party.  Conferencing
 Mediation, or
A child deprived of liberty shall be separated from adult offenders at all times. No  Conciliation
child shall be detained together with adult offenders. The child VOLUNTARILY ADMITS the commission of the act,
In general, a CICL has the right to automatic suspension of sentence. He has a A diversion program shall be developed when appropriate and desirable as
right to be free from liability from: determined under Section 30.
 Perjury
 Concealment, or Then what?
 Misrepresentation. The local social welfare and development officer shall supervise the implement of
A child below 18 shall be exempt from criminal liability but not civil liability. the diversion program.
The diversion proceedings shall be completed WITHIN 45 DAYS.
After initial investigation, the local social worker conducting the same may do The period of prescription of the offense shall be suspended until the
either of the following: completion of the diversion proceedings but not to exceed 45 days.
(1) Proceed in accordance with Section 20 if the child is below 18 years old
who acts without discernment; and How often should the child present himself to the competent authorities while
(2) If the child is above 15 but below 18 and acted with discernment, undergoing the diversion proceedings?
proceed to diversion At least once a month for reporting and evaluation of the effectiveness of the
program.
DIVERSION
What if the CICL failed to comply with the terms and conditions of the contract of
What are the conditions provided for a CICL to undergo diversion programs? diversion?
Crime Who will conduct What will they do Give the offended party the option to institute the appropriate legal action.
IMPOSABLE 1. Law 1. Mediation
PENALTY: enforcement 2. Family conferencing and The period of prescription of the offense shall be suspended during the effectivity
not more than 6 officer OR conciliation, and of the diversion program, but not to exceed a period of 2 years.
years Punong 3. Where appropriate, adopt
imprisonment Barangay, AND indigenous modes of conflict What are the factors in determining diversion program?
2. Local social resolution in accordance with 1. Nature and circumstances of the offense charged
welfare and the best interest of the child 2. Frequency and severity of the act
development 3. Circumstances of the child (age, maturity, intelligence)
officer OR The child and his family shall be 4. Influence of the family and environment on the growth of the child
members of the present in these activities. 5. Reparation of injury to the victim
LCPC 6. Weight of evidence against the child
IMPOSABLE COURT Diversion measures 7. Safety of the community, and
PENALTY: 8. Best interest of the child
exceeds 6 years
imprisonment
What are the factors to be considered in formulating a diversion program for the NOTE ON BAIL: the privileged mitigating circumstance of minority shall be
child? (F-A-V-A) considered.
1. The child’s feelings of remorse for the offense he committed
2. Parents’ or legal guardians’ ability to guide and supervise the child Release on recognizance
3. Victim’s view about the propriety of the measures to be imposed The court shall order:
4. Availability of community based programs for rehabilitation and 1. The release of the minor on recognizance to his parents and other
integration of the child suitable person
2. The release of the CICL on bail
The community-based programs on JJW shall consist of three levels: 3. The transfer of the minor to a youth detention home/youth rehabilitation
center
PRIMARY Measures to promote social justice and equal opportunity, In the absence of such: DSWD or local rehabilitation center
which tackle perceived root causes of offending The court shall not order the detention of the child in a jail pending trial or
SECONDARY Measures to assist child at risk hearing.
TERTIARY Measures to avoid unnecessary contact with the formal
justice system and other measures to prevent re-offending RULE: A CICL may be detained only as a measure of last resort AND for the
shortest possible period of time.
Kinds of Diversion Programs
At the level of 1. Restitution of property Automatic suspension of sentence
the Punong 2. Reparation of the damage caused 1. After the child is found guilty  determine and ascertain any civil liability
Barangay 3. Indemnification for consequential damages 2. Instead of pronouncing judgment  place the CICL under suspended
4. Written or oral apology sentence without need of application
5. Care, guidance and supervision orders 3. Suspension of suspension of sentence shall still be applied even if the
6. Counseling for the CICL and his family juvenile is already 18 years old or more at the time of the
7. Attendance in trainings, seminars, lectures pronouncement of his guilty
8. Community service 4. Upon suspension of sentence  impose appropriate disposition
9. Participation in education, vocation, and life skills measures as provided in the SC Rule on Juveniles in CL
programs
At the level of 1. All programs at the level of the Punong Barangay Effects of Disposition Measures
the law 2. Confiscation and forfeiture of the proceeds of
enforcement instruments of the crime If objectives have 1. The court shall DISMISS the case upon
officer and the been FULFILLED recommendation of the social worker
prosecutor 2. Dismissal shall not affect the civil liability
At the level of 1. All programs mentioned at the levels of the Punong If objectives have
the appropriate Barangay and LEO/Prosecutor NOT BEEN The child shall be brought before the court for
court 2. Written or oral reprimand or citation FULFILLED or, execution of judgment
3. Fine If the CICL
4. Payment of the cost of the proceedings, or WILFULLY FAILED
5. Institutional care and custody to comply with the
conditions
When shall the prosecutor conduct a preliminary investigation? If CICL has reached 1. The court shall DETERMINE whether to
1. When the CICL does not qualify for diversion 18 years while under discharge the child, OR
2. When the child, his parents or guardian does not agree to diversion suspended sentence 2. Order execution of sentence, OR
3. When considering the assessment and recommendation of the social (D-O-E) 3. Extend the suspend sentence for a certain
worker, the prosecutor determines that diversion is not appropriate for specified period or until the child reaches the
the CICL maximum age of 21 years old
Upon determination of probable cause by the prosecution, the information
against the child shall be filed before the Family Court within 45 days from the After conviction and upon application, the CICL may be on probation in lieu of
start of the preliminary investigation. service taking into account the best interest of the child.
(Inaantok na ko)

No child shall be received in any rehabilitation or training facility without a court What is ‘juvenile and justice welfare system’?
order after a hearing for the purpose. (Hearing + court order = rehab!) A system dealing with children at risk and children in conflict with the law, which
provides child-appropriate proceedings, including programs and services for
This law may be applied RETROACTIVELY. prevention, diversion, rehabilitation, re-integration and aftercare to ensure their
normal growth and development.
Second circumstance: (a child 15 years old or under)
A child 15 years old or under What is ‘best interest of the child’?
At the time of the commission of the offense  The totality of the circumstances and conditions which are most
Shall be exempt from criminal liability. congenial to the survival, protection and feelings of security of the child
However, the child shall be and most encouraging to the child’s physical, psychological and
Subjected to an emotional development.
Intervention program  The least detrimental available alternative for safeguarding the growth
Pursuant to Section 20 of RA 9344. and development of the child.
(As amended by Section 6 of RA 9344 which was approved on April 28, 2006
and took effect on May 20, 2006) What is ‘restorative justice’?
A principle which requires a process of resolving conflicts with the maximum
involvement of the victim, the offender and the community.
What is a ‘child’?  Reparation for the victim
Refers to a person under the age of 18 years.
 Reconciliation of the offender, the offended and the community
 Reassurance to the offender that he/she can be reintegrated to the
What are the types of child protected under RA 9344?
society.
1. Child at risk
2. Child in conflict with the law
What is ‘offense’?
Any act or omission whether punishable under special laws or the RPC.
What is a ‘child at risk’?
Refers to a child who is vulnerable to and at the risk of committing criminal
What is ‘status offense’?
offenses because of personal, family and social circumstances, such as, but not
Offenses which discriminate only against a child, while an adult does not suffer
limited to the following: (S-E-A-B-S-S-G-H-A) or (H-A2-G-E-B-S3)
any penalty for committing similar acts. These shall include:
1. Sexual, physical, psychological, mental, economic or any other abuse
and the parents or guardian refuse, unwilling, or unable to provide  Curfew violations
protection for the child;  Truancy
2. Being exploited sexually or economically;  Parental disobedience and the like
3. Being abandoned or neglected, and after diligent search and inquiry, the
parent or guardian cannot be found; What are ‘victimless crimes’?
4. Coming from a dysfunctional or broken family or without a parent or Offenses where there is no private offended party.
guardian;
5. Being out of school; RA 9344 applies to all offenses, regardless of their nature
6. Being a streetchild;  Makes no distinction as to the nature of the offense committed by the
7. Being a member of a gang; child in conflict with the law
8. Living in a community with a high level of criminality or drug abuse; and  Since RA 9344 does not distinguish between a minor who has been
9. Living in situation of armed conflict convicted of a capital offense and another who has been convicted of a
lesser offense, the Court should also not distinguish and apply the
Minority as an exempting circumstance under RA 9344 automatic suspension of the sentence to a child in conflict with the law
In determining exemption from criminal liability, the new law presumes that the who has found guilty of a heinous crime
minor offenders completely lack the intelligence to distinguish right from wrong,  PD 603 and AM 02-1-18 SC are repealed by RA 9344 already. Basta
so that their acts are deemed involuntary ones for which they cannot be held may automatic suspension na regardless if the child was convicted of
accountable. an offense punishable by death, reclusion perpetua or life imprisonment.
It considers the ages of 9 to 15 years as formative years and gives minors of
these ages a chance to right their wrong through diversion and intervention
measures.

What offenses which a child in conflict with the law may not be liable for? (V-M-S- 2. Inform the reason for such custody + advise the child of his
S) constitutional rights in simple language/dialect
1. Vagrancy and prostitution 3. Properly identify himself + present proper identification to the child
2. Mendicancy 4. Refrain from using vulgar or profane words + sexual harassing or
3. Sniffing of rugby abusing, or making sexual advances on the child
4. Status offenses 5. Avoid displaying or using any firearm, weapon, handcuffs or other
instruments UNLESS absolutely necessary + ONLY AFTER all other
Crimes which a child in conflict with the law CANNOT be held guilty of for failure methods of control have been exhausted
to acknowledge the case: (P-C-M) 6. Refrain from subjecting the child to greater restraint that is necessary for
1. Perjury his apprehension
2. Concealment 7. Avoid violence or unnecessary force
3. Misrepresentation 8. Determine age
9. Immediately but not later than 8 hours after apprehension, turn over the
Is civil liability included in the exemption? child to the Social Welfare and Development Office or other accredited
NO. The extent of his civil liability depends on the crime he would have been NGOs
liable for had he not been found to be exempt from criminal liability. 10. Take the child immediately to proper medical and health officer
11. If detention is necessary, the child shall be secured in quarters separate
What is ‘diversion program’? from the opposite sex and adult offenders
The program that the child in conflict with the law is required to undergo after 12. Record the initial investigation
he/she is found responsible for an offense without resorting to formal court 13. Ensure that all statements signed by the child shall be witnessed
proceedings. The child shall only be searched by an officer of the same gender and shall not
be locked up in a detention cell.
What is ‘intervention’?
A series of activities which are designed to address issues that caused the child What are the duties of a law enforcement officer during the initial investigation?
to commit an offense. It may take the form of an individualized treatment program The LEO shall determine where the case should be referred.
which may include:
 Counseling The taking of the statement of the child shall be conducted in the presence of:
 Skills training 1. Child’s counsel of choice or in the absence thereof,
 Education, and A lawyer from the PAO
 Other activities that will enhance his/her: 2. Child’s parents, guardian, or nearest relative as the case may be
o Psychological 3. The local social welfare and development officer.
o Emotional, and In the absence of the parents, guardian, or nearest relative, and the local social
o Psycho-social well-being. welfare and development officer, the investigation shall be conducted in the
presence of a representative of an NGO, religious group, or a member of the
What is ‘initial contact with the child’? BCPC.
 The apprehension or taking into custody of a child in conflict with the
law by law enforcement officers or private citizens. How may the age of the child be determined? (B-B-A)
 The time when the child alleged to be in conflict with the law receives a 1. Birth certificate
subpoena or summons in cases that do not require preliminary 2. Baptismal certificate
investigation or where there is no necessity to place the child alleged to 3. Any other pertinent documents such as school records, dental records,
be in conflict with the law under immediate custody. or travel papers
 NOTE: in ordinary criminal cases, it refers to the apprehension, arrest, These documents may be obtained from:
capture or taking into custody of the law a person who committed a a. Parents, guardian or relatives of the child
crime. b. Local civil registrar or the NSO
c. School the child attends
What are the duties of a law enforcement officer upon taking a child in conflict d. Local health officer (for medical records)
with the law into custody? e. church
1. Explain in simple language/dialect why he is being placed under In the absence of the above documents, age may be based from: (I-T-P-O)
custody + offense he allegedly committed 1. Information from the child himself/herself

2. Testimonies of other persons (relatives, neighbors, teachers, So the CICL has been determined to be 15 years old and below, what now?
classmates) (This is the SECTION 20 mentioned in the provision – treatment of children
3. Physical appearance of the child (height, built) below the age of responsibility)
4. Other relevant evidence  The authority which have an initial contact with the CICL has the duty to
In case of doubt, it shall be resolved in his/her favor. immediately release the child to his parents, guardians, or the nearest
CASE LAW NOTE: the allegations of minority and age by the accused will be relative.
accepted as facts upon the prosecution’s failure to disprove the claim by contrary  Said authority shall give notice to the LSWDO who will determine the
evidence. appropriate programs for the child.
 If parents, guardians, or relatives cannot be found or if they refused to
Evidentiary weight shall be given to the testimonial evidence of the child upon take custody, the child may be released to any of the following:
concurrence of the following: (A-P-L) 1. A duly registered nongovernmental or religious organization
1. Absence of any other satisfactory evidence (those enumerated above) 2. Barangay official or a member of the Barangay Council for the
2. Presence of testimony from child and/or a relative without any objection Protection of Children (BCPC)
on the part of the prosecution 3. A local social welfare and development officer (LSWDO)
3. Lack of any contrary evidence showing that the testimonies are untrue 4. When and where appropriate, the DSWD
Guidelines of the Supreme Court in appreciating age, either as an element of the

Third circumstance: (a child 15 years old but below 18)
crime or as a qualifying circumstance:
A child above 15 years old but below 18
1. Best evidence to prove age: birth certificate, original or certified true
copy At the time of the
Commission of the offense
2. In the absence of birth certificate, baptismal and school records
Who shall be subjected to an
3. If (1) and (2) are lost or destroyed, clear and credible testimony of the
victim’s mother or a relative by affinity or consanguinity Intervention program
4. If (1), (2), and (3) are absent, the testimony of the complainant is Pursuant to Section 20 of the Act,
Unless he acted with discernment,
sufficient that it is expressly and clearly admitted
In which case such child shall be
5. It is the prosecution who has the burden of proving the age of the
offended party. Failure of the child to object shall not be taken against Subjected to
Appropriate diversion proceedings
him.
Under Sections 23 to 31 of RA 9344.
(As amended by Section 6 of RA 9344 approved on April 28, 2006 and took
What is controlling with respect to the exemption from criminal liability of the
effect on May 20, 2006)
CICL?
Age at the time of the commission of the offense.
NOTE: If the child is 15 years old and below at the time of the commission of the This is a new provision. It repealed Paragraph 3, Article 12 which provided: “A
crime, he shall be immediately dismissed and referred to the appropriate local person over 9 years of age and under 15, unless he has acted with discernment,
social welfare and development officer (LSWDO). in which case, such minor shall be proceeded against in accordance with the
provisions of Article 80 of this Code.”
How do you contest the age of the CICL?
A. Before the filing of the information in court Under this circumstance, when should the child be exempted from criminal
File a case in a summary proceeding for the determination of age before liability?
the Family Court which shall decide the case within 24 hours from receipt of The child should be above 15 but below 18 years old at the time of the
the appropriate pleadings of all interested parties. commission of the offense.
B. After the case has been filed in court against CICL
File a motion to determinate the age of the child in the same court where There is presumption that the child above 15 but below 18 acted without
the case is pending. Pending hearing on the said motion, proceedings on discernment.
the main case shall be suspended. He, therefore, must be exempt from criminal liability and subjected to an
intervention program.
Determination of the age of the CICL rests on government officials interested in
the case
All government officials concerned shall exert all efforts at determining the age of
the CICL.

What are the legal effects of the child above 15 but below 18 who acted without
discernment? Who may conduct the diversion?
1. Exempt from criminal liability 1. Katarungang pambarangay
2. Subjected to an intervention program 2. Police investigation
3. Inquest or preliminary stage and at all levels and phases of the
What are the legal effects of the child above 15 but below 18 who acted with proceedings including judicial level
discernment?
1. Criminally liable NOTE: A CICL may undergo conferencing, mediation and conciliation OUTISDE
2. Subjected to a diversion program the criminal justice system or prior to his entry to his said system.
What is ‘discernment’? Automatic suspension of sentence

Mental capacity to understand the difference between right and wrong. After the court finds the child guilty, it shall determine and ascertain any civil
liability.
What should be taken into consideration in judging whether a minor accused Instead of pronouncing the judgment of conviction: the court shall place the
acted with discernment? CICL under suspended sentence without need of application even if the
1. All the circumstances disclosed by the record of the case juvenile is already 18 years of age or more at the time of the pronouncement of
2. Appearance his/her guilt.
3. Attitude
4. Behavior and conduct RA 9344 has retroactive application.
Not only before and during the commission of the act, but also after and even They shall be immediately released if they are so qualified under RA 9344 or
during the trial. other applicable laws.
Circumstances which show discernment Full credit of actual detention to service of sentence.
1. Words and remarks which shows the accused realized the nature and
illegality of his wrongful act A CICL may apply for probation in lieu of imprisonment under the Probation Law
2. After being discovered, he ran away of 1976 at any time.
3. Going into hiding The court may, after it shall have convicted and sentenced a CICL, and upon
4. A consistent honor student and has garnered several academic awards application, place the child on probation in lieu of service of his/her sentence
taking into account the best interest of the child.
A child above 15 but below 18 is presumed not to have acted with discernment
and will be criminally liable only upon rebuttal of that presumption by proof that Automatic suspended cannot be given retroactive application if the child reaches
he acted with discernment. 21 years of age or over
Section 40 of RA 9344 provides that once the child reaches 18 years of age, the
So he acted with discernment, what now? court shall determine whether:
He shall undergo diversion programs without undergoing court proceedings  To discharge the child
pursuant to Sections 23 to 31 of RA 9344.  Order execution of sentence
 Extend the suspended sentence until the child reaches the maximum
Conditions: age of 21 years.
1. Imposable penalty for the crime committed is NOT MORE than 6 years Once the child reaches 21 years, he is no longer considered a child for purposes
imprisonment  LEO/Punong Barangay with LSWDO conduct: of applying RA 9344.
a. Meditation
b. Family conferencing and conciliation, and
Fourth circumstance: (accident)
c. Where appropriate, adopt indigenous modes of conflict
Any person who,
resolution in accordance with the best interest of the child. The
While performing a lawful act
child and his family shall be present in these activities.
With due care,
2. In victimless crimes where the imposable penalty is NOT MORE than 6
years imprisonment  LSWDO: appropriate diversion and Causes an injury
rehabilitation program, in coordination with the BCPC By mere accident
3. Imposable penalty EXCEEDS 6 years  diversion measures may be Without fault or
Intention of causing it.
resorted to only by the court.

What are the requisites? (L-D-I-I) These are inconsistent with a clean conscience and, instead, indicate his
1. A person is performing a lawful act culpability of the crime charged.
2. With due care
3. He causes an injury to another by mere accident Lack of due care
4. Without fault or intention of causing it With the safety lock released and his finger on the trigger, how can we conclude
that he acted with due care? That Genita chased the victims and shot them
Lawful act several times clearly show that he had the intent to kill them. (People v. Genita)
For an accident to become an exempting circumstance, the act that causes the
injury has to be lawful. Fifth circumstance: (compulsion of irresistible force)
Any person who
What are the dual standards of accident in death-related cases? (L-A) Acts under the
1. Lack of intent to kill Compulsion of
2. Absence of fault or negligence (but was due to circumstances that could Irresistible force
not have been foreseen or controlled)
Accident vs. Negligence Missing element: VOLUNTARINESS lacking FREEDOM

ACCIDENT NEGLIGENCE
Fortuitive circumstance, event of Failure to observe, for the protection What is the degree of force required to be exempted?
happening of the interest of another person, that  IRRESISITIBLE force
degree of care, precaution, and  It must be so formidable as to reduce the actor to a mere instrument who
vigilance which the circumstances acts not only without will but against his will.
justify demand without which such  The duress, force, fear or intimidation must be:
other person suffers injury o Present
An event happening without any Injury caused to another should be o Imminent and
human agency, or if happening unintentional, it being simply the o Impending, and
wholly or partly through human incident of another act performed o Of such nature as to induce a well-grounded apprehension of death or
agency, an event which under the without malice serious bodily harm if the act be done.
circumstance is unusual or  A threat of future injury is not enough
unexpected by the person to whom it  Of such character as to leave no opportunity for the accused to escape or
happens self-defense in equal combat.
Lack of criminal intent on the following circumstances Actus me invite factus non est meus actus
1. All justifying circumstances “An act done by me against my will is not my act”
2. Accident (Art. 12, par. 4)
3. Lawful or insuperable cause (Art. 12, par. 7) Compulsion of irresistible force is not available if the accused had an opportunity
to escape or protect himself
Self-defense vs. Accident The accused had several opportunities to prevent the killing and to escape, but
SELF-DEFENSE ACCIDENT he chose to remain with his co-conspirators, and even willingly drove the get-
Justifying circumstance Exempting circumstance away vehicle. (People v. Cando)
Necessarily contemplates a pre- No intent to kill
meditated intent to kill in order to A person who invokes this exempting circumstance must prove his defense by
defend one’s self from imminent clear and convincing evidence
danger  He must show that the irresistible force reduced him to a mere instrument
Presumes voluntariness, induced Presupposes lack of intention that acted not only without will but also against his will.
only by necessity  A speculative, fanciful or remote fear, even fear of future injury, is
insufficient.
Circumstances that negate the claim of self-defense or accident
1. Accused’s flight from the crime scene
2. Failure to inform the authorities of the incident
3. Failure to surrender the knife to the authorities
Sixth circumstance: (uncontrollable fear) Implies knowledge of the precept of the law complied with on the part of the
Any person who person who is prevented by some lawful or insuperable cause – by some motive
Acts under the which has lawfully, morally or physically prevented one to do what the law
Impulse of an commands.
Uncontrollable fear of an
Equal or Examples:
Greater injury 1. Weak physical condition of the mother prevented her from taking home
her newly born child
2. Long journey by boat to the court
What are the requisites? (U-R-G)
1. Existence of an uncontrollable far Entrapment vs. Instigation
2. That the fear must be real and imminent ENTRAPMENT INSTIGATION
3. The fear of an injury is greater than, or at least equal to, that committed Employment of such ways and The criminal intent originates in the
means for the purpose of trapping or mind of the instigator and the
What is the degree of fear required to be exempted from criminal liability? capturing a lawbreaker. accused is lured into the commission
 Same with irresistible force of the offense charged in order to
 A threat, in order to induce insuperable fear, must promise such grave Criminal intent originates from the prosecute him.
results, and such results must be so imminent, that the common run of accused.
men would succumb. Oftentimes, it is the only effective way Instigator practically induces the
of apprehending a criminal in the act would-be accused into the
Fear or duress must be based on real, imminent fear for one’s life and limb of the commission of the offense. commission of the offense and
 A person should not commit a very serious crime on account of a flimsy himself becomes a co-principal.
fear. A criminal is caught committing the
 The pretension that he was threatened by a gun is not credible because act by ways and means devised by
the accused was himself armed with a rifle. (People v. Sarip) peace officers.
The crime had already been It was not and could have not
Speculative fear is not uncontrollable fear committed committed were it not for the
Fear that mother’s health might deteriorate further due to the inhumane treatment instigation by the peace officer
of the hospital or worse, her mother might commit suicide  SPECULATIVE No bar to prosecution and conviction Defendant would have to be
FEAR. (Ty v. People) acquitted
Trap for the unwary criminal Trap for the unwary innocent
Prove by clear and convincing evidence
Such fear must be alleged and proved to the satisfaction of the court by the AN ABSOLUTORY CAUSE
accused if he is to avail himself of such exempting circumstance.
Most common example: BUY-BUST OPERATION
There is no uncontrollable fear if the accused had the opportunity to protect  In determining whether what took place was entrapment or instigation,
himself or to escape the manner in which the initial contact between the poseur-buyer
You may be liable as a co-principal by direct participation if there was an and the alleged pusher was made is material.
opportunity to escape. (People v. Rogado)  All the elements of the sale transaction must be clearly and adequately
shown starting from the initial contact until the sale is consummated with
Seventh circumstance: (lawful or insuperable cause) the delivery of the illegal drug subject of the sale.
Any person who  Details must be adequately shown in court
Fails to perform
An act required by law,
When prevented by some
Lawful or
Insuperable cause
Insuperable cause, explained.

What are the two tests for entrapment? What is an ‘absolutory cause’?
1. Subjective test
The focus is on the intent or predisposition of the accused to commit a It is present where the act committed is a crime but for reasons of public policy
crime. and sentiment there is no penalty imposed.
2. Objective test What are absolutory causes?

The focus is on the particular conduct of law enforcement officials or 1. Justifying circumstances
their agents and the accused’s predisposition becomes irrelevant. 2. Exempting circumstances
The government agent’s act is evaluated in the light of the standard of 3. Spontaneous desistance during the attempted stage
conduct exercised by reasonable persons generally and whether such 4. Light felony in the attempted or frustrated stage, except in crimes
conduct falls below the acceptable standard. against persons or property
5. Accessories in light felonies
NOTE: Courts have adopted the OBJECTIVE test in upholding the validity of a 6. Certain accessories (Article 20)
buy-bust operation. The details of the purported transaction must be clearly and 7. Grounds for total extinguishment of criminal liability (Article 89)
adequately shown, i.e. (I-O-P-C) 8. Legal grounds for detaining another (Article 124)
1. The initial contact between the poseur-buyer and pusher 9. Less serious physical injuries or slight physical injuries inflicted under
2. Offer to purchase special circumstances
3. Promise or payment of the consideration until the 10. Certain relatives in theft, estafa or malicious mischief
4. Consummation of the sale by the delivery of the illegal drug subject of 11. Express pardon by the offended party of the offender in adultery,
the sale concubinage, seduction, abduction or acts of lasciviousness
The manner of such process must also be the subject of strict scrutiny by the 12. Marriage of the offender with the offended party in seduction, abduction,
courts to insure that the law-abiding citizens are not unlawfully induced to commit or acts of lasciviousness
a crime. 13. Legal grounds for entering another’s dwelling
14. In rape and sexual assault, where the husband is the offender, the
Example of instigation subsequent forgiveness by the wife as the offended party shall
 Without the proposal and instigation of the officer, the alleged sale of extinguish criminal action or the penalty imposed
marijuana would not have transpired. The accused wasn’t even looking 15. In rape and sexual assault, the subsequent valid marriage between the
for buyers of marijuana nor was he in possession of any. offender and the offended party shall extinguish the criminal action or
 When an employee of the government encourages or induces the penalty imposed
persons to commit a crime in order to prosecute them, such conduct is
most reprehensible.
Instigation vs. Frame-up

INSTIGATION FRAME-UP
Crime is actually performed by the The offense is not committed by the
accused, except that the intent accused
originates from the mind of the
accused This leads to a false accusation
against him
Instigation and frame-up cannot be present concurrently.

Art. 13. Mitigating circumstances. – What are the kinds of mitigating circumstances?
The following are mitigating circumstances:
1. Those mentioned in the preceding chapter, when all the requisites Privileged mitigating circumstance Ordinary mitigating circumstance
necessary to justify the act or to exempt from criminal liability in the If present in the commission of a If present in the commission of a
respective cases are not attendant. felony, reduces the penalty to be felony, reduces the penalty to be
2. A child above 15 but below 18 years of age at the time of the commission of imposed upon the accused imposed upon the accused
the offense who acted with discernment, in which case he shall be subjected By degree By period
to appropriate diversion programs under Sec. 23 to 31 of this Act. (Sec. 6,, It CANNOT be offset by a It CAN be offset by a generic
Par. 2, RA 9344) Generic aggravating circumstance aggravating circumstance
Note: Article 13, Par. 2 of the RPC provided thus: “That the offender is
under 18 years of age or over 70 years. In case of the minor, he shall be What is the difference between mitigating circumstance and exempting
proceeded against in accordance with Art. 80.” This has been amended circumstance?
by RA 9344.
The offender is over 70 years. Mitigating circumstance Exempting circumstance
3. That the offender had no intention to commit so grave a wrong as that Presupposes the existence of both Recognizes only a felonious act
committed. the crime and the criminal But
4. That sufficient provocation or threat on the part of the offended party Admits that there is no criminal
immediately preceded that act. offender because the performance of
5. That the act was committed in the immediate vindication of a grave offense the act was NOT attended with
to the one committing the felony (delito), his spouse, ascendants, Voluntariness
descendants, legitimate, natural or adopted brothers or sisters, or relatives On the part of the human actor
by affinity within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have What are examples of privileged mitigating circumstance? (J-E-C-T)
produced passion or obfuscation. 1. Incomplete justifying circumstance
7. That the offender had voluntarily surrendered himself to a person in authority 2. Incomplete exempting circumstance
or his agents, or that he had voluntarily confessed his guilt before the court 3. When the CICL is over 15 years old but under 18 at the time of the
prior to the presentation of the evidence for the prosecution. commission of the offense
8. That the offender is deaf and dumb, blind, or otherwise suffering some And he acted with discernment but
physical defect which thus restricts his means of action, defense, or Was NEVER subjected to diversion programs under RA 9344
communication with his fellow beings. 4. When there are two or more mitigating
9. Such illness of the offender as would diminish the exercise of the will-power And no aggravating circumstances,
of the offender without however depriving him of the consciousness of his The court shall impose
acts. The penalty next lower
10. And, finally, any other circumstance of a similar nature and analogous to To that prescribed by the law in the period that it may deem proper
those above mentioned.
Privileged mitigating circumstances in particular crimes:
What is ‘mitigating circumstance’? 1. Slight Illegal Detention
A circumstance which, if present in the commission of a felony, If the offender shall voluntarily release the person so kidnapped or
Reduces the penalty to be imposed upon the accused either by degree, detained
In which case it is called a privileged mitigating circumstance; Within 3 days from commencement of the detention
Or by period, Without having attained the purpose intended, and
In which case it is called an ordinary mitigating circumstance. Before the institution of the criminal proceedings against him.
2. Adultery
What is the basis of a mitigating circumstance? If the person guilty of adultery
A mitigating circumstance reduces the accused’s Committed this offense
Free will, While being abandoned
Intelligence, or Without justification
Criminal intent By the offended spouse
In the commission of the felony.

What are examples of ordinary mitigating circumstance? Defense of property is not as important as the right to life.
Circumstances 3-10. Defense of property can be invoked only when coupled with an attack on the
person in possession of such property.
First circumstance: (incomplete justifying/exempting circumstance)
Those mentioned Second circumstance:
In the preceding chapter, A child above 15 but below 18 years of age
When all the requisites necessary At the time of the commission of the offense
To justify the act or Who acted with discernment,
To exempt from criminal liability In which case he shall be subjected to
In the respective cases Appropriate diversion programs
Are not attendant. Under Section 23 to 31 of this Act.
(Section 6, Paragraph 2, RA 9344)
What are the effects of this circumstance?
1. Reduce the penalty to be imposed by What is the basis for this circumstance?
One or two degrees lower than that prescribed by law, Diminution of intelligence
Provided that majority of the conditions required to justify or to
exempt from criminal liability are present. What is the nature and effect?
2. The court shall impose the penalty in the period it may deem proper Privileged mitigating circumstance
In view of the number and Has the effect of lowering the penalty to be imposed by the court upon the
Nature of the conditions accused by one degree lower than the penalty prescribed by law.
Present or lacking
GR: A child above 15 but below 18 at the time of the commission of the offense
Further requirement of incomplete self-defense, defense of a relative or defense incurs no criminal liability
of a stranger to be considered a privileged mitigating circumstance Exception: unless he acted with discernment. In which case, he shall be
It is necessary that there always be the element of unlawful aggression subjected to diversion measures.
PLUS either element 2 or 3.
Without unlawful aggression, there can be no SD, DR, or DS. What is a ‘diversion program’?
The program that the CICL is required to undergo after he is found responsible
What if there is only unlawful aggression? for an offense without resorting to formal court proceedings.
Merely ordinary mitigating circumstance
DIVERSION
NOTES:
1. Unlawful aggression is the main and most essential element to support What are the conditions provided for a CICL to undergo diversion programs?
the theory of self-defense and the complete or incomplete exemption
from criminal liability. Without such primal requisite, it is not possible to Crime Who will conduct What will they do
maintain that a person acted in self-defense. IMPOSABLE 3. Law 4. Mediation
2. There is no incomplete defense of a relative if the unlawful aggression PENALTY: enforcement 5. Family conferencing and
has ceased. not more than 6 officer OR conciliation, and
It is settled that a person making a defense has no more right to attack years Punong 6. Where appropriate, adopt
an aggressor when the unlawful aggression has ceased. imprisonment Barangay, AND indigenous modes of conflict
3. The act of cursing and shouting at the accused does not constitute 4. Local social resolution in accordance with
unlawful aggression. welfare and the best interest of the child
development
Incomplete defense of honor officer OR The child and his family shall be
(People v. Jaurigue: Avelina stabbed Amado at the base of his neck after the members of the present in these activities.
latter placed his hand on the upper part of her right thigh) LCPC
IMPOSABLE COURT Diversion measures
SC affirmed her conviction but with a reduced penalty for while there was PENALTY:
unlawful aggression, the means employed in defense of her honor was evidently
excessive.
exceeds 6 years Forward the records of the case to the
imprisonment o Law enforcement officer,
Victimless crimes 3. Local social Meet with the child and his o Prosecutor, or
welfare and parents/guardians for the o The appropriate court, as the case may be.
development development of the: Upon the issuance of the corresponding document,
officer, AND 3. Appropriate diversion, and Certifying that no agreement has been reached by the parties,
4. BCPC 4. Rehabilitation program The case shall be filed according to the regular process.
Where may diversion be conducted? What is the duty of the law enforcement officer when there is no diversion?
3. Katarungang Pambarangay If the offense
4. Police investigation or the inquest or preliminary investigation o Does not fall under Sec. 23(a) and (b)
At ALL levels and phases of the proceedings including judicial level. o Or if the child, his/her parents or guardian does not consent to a
diversion
Contract of diversion The
 If during the: o Women and Child Protection Desk of the PNP, or
o Conferencing o Other law enforcement officer handling the case shall
o Mediation, or Within 3 days from determination of the absence of jurisdiction over the case or
o Conciliation termination of diversion proceedings,
The child VOLUNTARILY ADMITS the commission of the act, Forward the records of the case of the child under custody, to the
A diversion program shall be developed when appropriate and desirable o Prosecutor or
as determined under Section 30. o Judge concerned for the conduct of inquest and/or preliminary
 Such admission shall not be used against the child in any subsequent investigation
judicial, quasi-judicial or administrative proceedings. To determine whether the child should remain under custody and
 The diversion program shall be effective and binding if accepted by the correspondingly charged in court.
parties concerned. The document transmitting said records shall display the word CHILD in bold
 Acceptance shall be in WRITING and SIGNED by the parties concerned letters.
and the appropriate authorities.
 LSWDO shall supervise the implementation of the diversion program. When may the CICL be not subjected to Diversion measures?
4. When the CICL does not qualify for diversion
 The diversion proceedings shall be completed WITHIN 45 DAYS.
5. When the child, his parents or guardian does not agree to diversion
 The period of prescription of the offense shall be suspended until the
6. When considering the assessment and recommendation of the social
completion of the diversion proceedings but not to exceed 45 days.
worker, the prosecutor determines that diversion is not appropriate for
the CICL
What are the duties of the child under the Contract of Diversion?
In any of these instances, the public prosecutor shall conduct a preliminary
1. Present himself/herself to the competent authorities that imposed the
investigation.
diversion program at least once a month for reporting and evaluation of
Upon determination of probable cause by the prosecution, the information
the effectiveness of the program
against the child shall be filed before the Family Court within 45 days from the
2. Failure to comply with the terms and conditions of contract of diversion,
start of the preliminary investigation.
as certified by the LSWDO, shall give the offended party the option to Upon a finding that the CICL acted with discernment and upon conviction,
institute the appropriate legal action
The penalty to be imposed should be one degree lower than the penalty
3. Period of prescription of the offense shall be suspended during the
prescribed by the Code.
effectivity of the diversion program, but not exceeding a period of 2
years.
DISCERNMENT
What is the duty of the Punong Barangay when there is no diversion?
What are the legal effects of the child above 15 but below 18 who acted with
If the offense
discernment?
o does not fall under Sec. 23(a) and (b) 3. Criminally liable
o or if the child, his/her parents or guardian does not consent to a
4. Subjected to a diversion program
diversion,
Within 3 days from determination of the absence of jurisdiction over the case or
What is ‘discernment’?
the termination of the diversion proceedings,
Mental capacity to understand the difference between right and wrong. What is the basis of this circumstance?
Diminution of criminal intent and lesser criminal perversity.
What should be taken into consideration in judging whether a minor accused What is the nature and effect of this circumstance?
acted with discernment?  Ordinary mitigating circumstance
5. All the circumstances disclosed by the record of the case  Effect: GR: Reducing the penalty to the minimum period
6. Appearance  Exception: unless offset by a generic aggravating circumstance
7. Attitude
8. Behavior and conduct Throwback Art. 4(1): Criminal liability is incurred by any person committing a
Not only before and during the commission of the act, but also after and even felony although the wrongful act done be different from that which he intended.
during the trial. One is not relieved from criminal liability for the natural consequences of one’s
illegal acts, merely because one does not intend to produce such consequences.
Circumstances which show discernment
5. Words and remarks which shows the accused realized the nature and This can be shown only by external circumstances, such as:
illegality of his wrongful act 1. Kind of weapon used
6. After being discovered, he ran away 2. Mode of attack
7. Going into hiding 3. Nature of the injury inflicted on the victim
8. A consistent honor student and has garnered several academic awards 4. Part of the body injured
5. Location of the wound
A child above 15 but below 18 is presumed not to have acted with discernment 6. Number of wounds suffered by the victim
and will be criminally liable only upon rebuttal of that presumption by proof that 7. The manner the wound is inflicted
he acted with discernment. 8. Attitude of the mind when the accused attacked the victim
So he acted with discernment, what now? NOTES:

He shall undergo diversion programs without undergoing court proceedings 1. This circumstance should exist at the particular moment when the
pursuant to Sections 23 to 31 of RA 9344. accused executes or commits the criminal act.
2. NOT to his intention during the planning stage.
Second circumstance, 2nd paragraph: 3. People v Boyles: when the original plan was only to rob, but which plan,
The offender is over seventy (70) years. on account of the resistance offered by the victim, was compounded
into the more serious crime of robbery with homicide, the plea of lack of
intention to commit so grave a wrong cannot be rightly granted.
This falls under what kind of mitigating circumstance? 4. People v Enriquez: as murder results from the presence of qualifying
Ordinary mitigating circumstance. circumstances attending the commission of the crime and not upon the
state of the mind of the accused, it is permissible upon a conviction for
Non-application of the death penalty to an offender over 70 years of age prior to murder to allow the mitigating circumstance that the offender had no
the enactment of RA 9346. intention to commit so grave a wrong as that committed.
When the accused is over 70 years old at the time of promulgation of the 5. NOT available as a defense in violation of the Anti-Hazing Law
judgment of conviction, no death penalty shall be imposed but the same shall be
lowered to reclusion perpetua. This circumstance cannot be appreciate in a crime committed through negligence
Death penalty shall be commuted to the penalty of reclusion perpetua with the or carelessness
accessory penalties provided in Art. 40 o the RPC.
 In negligence or imprudence, what is principally penalized is the mental
Note: there being no death penalty at present, Art 47-83 of the RPC are not
attitude or condition behind the act, the dangerous recklessness, lack
applicable.
of care or foresight – the “imprudencia punible”
 Criminal negligence in the RPC is treated as a mere quasi-offense,
Third circumstance: (no intent to commit so grave a wrong) and dealt separately from willful offenses.
That the offender
Had no intent This cannot also be appreciated in aberratio ictus (mistake in the blow)
To commit  Accident presupposes lack of intention to commit the wrong done.
So grave a wrong  Accident contemplates a situation where a person is in fact in the act of
As that committed. doing something legal, exercising due care, diligence and prudence, but

in the process produces harm or injury to someone or to something not Any unjust or improper conduct or act of the offended party,
in the least in the mind of the actor. Capable of exciting, inciting, or irritating anyone.
This cannot be appreciate in mistake of identity or error in personae How can provocation be mitigating? (S-I)
Neither exempting nor mitigating. The accused cannot escape the criminal Provocation must be:
liability resulting from the injury suffered by the victim. 1. Sufficient, and
It is sufficient if it is adequate to excite a person to commit the wrong,
CASE LAW DOCTRINES which must accordingly be proportionate in gravity
1. Defendant claims that she had not intended to kill the deceased but
merely wanted to punish his offering hand with her knife, as shown by 2. Should immediately precede the act
the fact that she inflicted upon him only one single wound. This is a This means that there should not be any interval of time between the
mitigating circumstance which should be considered in her favor. provocation by the offended party and the commission of the crime by
2. Whether the accused could have inflicted more wounds under the the person provoked.
circumstances is completely immaterial if, by reason of the location and
severity of the stab wound, the victim died DOCTRINES:
3. The accused-father adapted means to ensure the success of the 1. When an aggression is in retaliation for an insult, injury, or threat, it
savage battering of his sons by tying their wrists to a coconut tree to cannot be considered as a defense but as a punishment inflicted on the
prevent their escape author of the provocation. The most that courts could do would be to
4. When the victim thus wounded and running away was also pursued by consider the same as an extenuating circumstance, but never as a
the accused, knife in hand, and the latter would perhaps have inflicted cause of complete exemption from liability
upon him other wounds had it not been for the timely arrival of the 2. It is an ordinary mitigating circumstance.
policeman GR: It reduces the penalty to the minimum period
5. Use of a deadly weapon such as a balisong Exception: unless offset by a generic aggravating circumstance
6. The intention of the accused at the time of the commission of the crime 3. It reduces one’s freedom or free-will or self-control
is manifested from the weapon used, the mode of attack employed and 4. If the provocation came from the accused, then he cannot raise the
the injury sustained by the victim victim’s response thereto as a mitigating circumstance
7. Since intention partakes of the nature of a mental process, an internal
act, it can, as a general rule, be gathered from and determined only by Distinction between provocation in incomplete self-defense and provocation as a
the conduct and external acts of the offender. mitigating circumstance
8. Intending to murder the victim, the accused shot him. There was no
notable and evident disproportion between the means employed to Provocation in Incomplete Self- Provocation as a Mitigating
shoot the victim and its consequences. Defense Circumstance
9. Where the physical injuries that the accused inflicted on the victim could As an element of self-defense, it Pertains to its presence on the part
not have resulted naturally and logically to the actual death of the victim, pertains to its absence on the part of of the offended party
if the latter’s heart was in good condition, the mitigating circumstance the person defending himself
was given to the accused’s favor. Only one mitigating circumstance can arise out of one and the same act
Fourth circumstance: (sufficient provocation) Examples of sufficient provocation:

Sufficient provocation 1. Challenging the family of the accused and chasing a family member
Or threat 2. Uttering offensive words
On the part of the 3. Infidelity of the wife constitutes sufficient provocation
Offended party 4. Accusation of stealing jack fruits is sufficient provocation
Immediately preceded the act 5. The victim’s act of kicking the accused on his chest prior to the stabbing
may be considered sufficient provocation on the victim’s part
6. Where the deceased hit the accused’s eye with his fist before the fight
What is the basis of this circumstance?
Diminution of free will
Examples of insufficient provocation
1. Shouting expletives
What is the nature? 2. Slapping accused’s hands
Ordinary mitigating circumstance Tangan v CA: These acts, while offensive, were grossly disproportionate to the
accused’s act of drawing and firing of a gun and killing the homicide victim.
What is ‘provocation’?
3. Provocation, given by an adversary at the commencement and during 2. Ascendants
the first stage of a fight, cannot be considered as a mitigating 3. Descendants
circumstance where the accused pursued and murdered the former 4. Legitimate, natural or adopted brothers or sisters
while fleeing, and the deceased, from the moment he had fled after the 5. Relatives by affinity within the same degrees
first stage of the fight, did not give any provocation for the accused to
pursue, much less further attack him. Distinctions between sufficient provocation or threat and vindication of a grave
4. The utterance by the deceased that “the accused is strict as a offense
policeman” does not constitute sufficient provocation.
5. The remark that the accused's daughter is a flirt and such remark was Provocation or threat Vindication
made 2 months prior to the killing Must immediately precede the crime May be proximate
6. Where the killing was done several days after such provocation It may allow a lapse of time
7. Lapse of 24 hours from the provocation or threat to the killing Between the grave offense and the
The accused had almost a day to mull over the alleged threat or vindication
provocation before he reacted by shooting the victim. Must be personal to the accused May be committed against the
relatives specified by law
The judicial reason for appreciating this mitigating circumstance is the implied Act that caused the provocation does Act being vindicated should be a
recognition by the law of the weakness of human nature such that an ordinary not have to be a grave offense grave offense committed against the
human being, if sufficiently provoked, would immediately retaliate in the accused himself or any of his
unchristian spirit of vindictive retribution. relatives specified by the law
The mitigating circumstances of passion or obfuscation, sufficient provocation Case examples of grave offenses
immediately preceding the crime and vindication of a grave offense should be 1. The remark, “I will make a roast pig out of you,” addressed by the
considered only as one mitigating circumstance deceased to a 70-year-old
These arose from one and the same incident i.e., the attack on the accused by 2. Act of the deceased in previously beating up the accused. That the
the victims and their companions accused was mauled for no apparent reason by the deceased whom he
looked up to as a father understandably engendered a strong feeling of
Provocation not coming from the offended party but from another person is not vengeance on his part
mitigating 3. The remark made by the deceased, “You stranger live at the expense of
The same may not be appreciated in favor of the accused. you wife.”
4. Immediate vindication of a grave offense committed against the brother
Fifth circumstance: (immediate vindication of a grave offense) of the accused who was stabbed
That the act was committed 5. When the accused was previously beaten up by the deceased and his
In the immediate vindication of a grave offense brother. Although the unlawful aggression had ceased when the
To the one committing the felony (delito), accused shot the brothers, it was nonetheless a grave offense.
His spouse,
Ascendants, What is the criterion of grave offense being vindicated?
Descendants,  There is no definite criterion of what a grave offense is
Legitimate,  Each case should be decided according to the peculiar milieu proven to
Natural, or have been the setting of the offense
Adopted brothers or sisters, or  It matters not that the killing of victim was not immediately after the
Relatives by affinity within the same degrees accused was humiliated, threatened and oppressed, it being clear that
the influence of such importunings lasted until the commission of the
What is the basis of this circumstance? offense
Diminution of free-will and self-control
What are factors considered in the determination of the presence of a grave
Nature? offense?
Ordinary mitigating circumstance 1. Social standing of the person
2. The place
Who are the relatives against whom a grave offense is committed? 3. Time when the insult was made
1. Spouse
Immediate vindication refers to a proximate time frame Vindication of a grave offense and passion and obfuscation cannot be
 ‘immediate’ should be understood to mean ‘proximate’ appreciated separately in favor of the accused if they arise from the same facts.
 Spanish text: “La de haber ejecutado el hecho en vindicacion proxima The accused is entitled to only one mitigating circumstance.
de una ofensa grave” They cannot both co-exist but may deemed to have attended the commission of
 There must be a substantial interval of time between the commission of the crimes alternatively.
the crime by the accused and the prior commission by the victim of the
offense sought to be vindicated Sixth circumstance: (passion or obfuscation)
 When the offense did not cease while the girl’s whereabouts remained That of having
unknown and her marriage to the deceased unlegalized, the immediate Acted upon
vindication of a grave offense may be taken into consideration An impulse so powerful
As naturally to have produced
The grave offense being vindicated should be committed by the deceased Passion or obfuscation
himself and not by other persons
What is the basis?
The grave offense must be specifically directed to the accused
Diminution of free-will and self-control
The defamatory remark imputed to the accused cannot give rise to the mitigating
circumstance of vindication because said defamatory remark was not specifically
Nature?
directed at the accused but was general in nature.
Ordinary mitigating circumstance
The effect and influence of the grave offense should last until the crime is
What is ‘passional obfuscation’?
committed
When the crime was committed
 Although the punching incident did not immediately precede the killing,
Due to an uncontrollable burst of passion
its impact, by reason of its seriousness and the circumstances under
Provoked by prior unjust or improper acts, or
which it was inflicted, festered till the commission of the crime.
Due to a legitimate stimulus
 Although the offense, which engenders perturbation of mind, was not so
So powerful as to overcome reason.
immediate, the SC is of the opinion that the influence thereof, by reason
of its gravity and the circumstances under which it was inflicted, last What are the requisites? (A-R-L)
until the moment the crime was committed. 1. An unlawful act sufficient
To produce passion and obfuscation
Concept of ‘proximate time’ in passion and obfuscation and immediate Was committed by the intended victim
vindication
 It is necessary that the act which produced the obfuscation was not far 2. The crime was committed
removed from the commission of the crime by a considerable length of Within a reasonable length of time
time, during which the perpetrator might recover his normal equanimity. From the commission of the unlawful act
 This mitigating circumstance cannot be considered where sufficient time That produced the obfuscation in the accused’s mind
elapsed for the accused to regain his composure.
3. The passion and obfuscation
Examples when vindication of a grave offense is not appreciated Arose from lawful sentiments and
1. When there is a lapse of 2 months between the grave offense being Not from a spirit of lawlessness or revenge
vindicated and the stabbing of the victim
2. Lapse of 4 days is enough time for the accused to regain his composure Case examples
and self-control. It is doubtful if vengeance can be considered a lawful 1. Attempt to rape the wife produces passion and obfuscation in the
sentiment. husband
3. Lapse of 6 hours is sufficient for the accused to regain his serenity and 2. Excitement of the accused who fought with the son of the deceased
composure. But instead of using that time to regain his composure, 3. All that the deceased did immediately before he was shot was shout
accused evolved the plan of liquidating the deceased after office hours. expletives and slap the accused’s hand when the latter pointed it to his
4. When the lapse of time is too distant face. There was no sudden and unexpected occurrence that could have
naturally produced a powerful excitement in the accused’s mind causing
him to lose his reason and self-control.

4. Arising from the act of the deceased in placing his hand on the upper  The latter did not have any right to prevent others from courting the girl,
portion of the accused’s right thigh. or the deceased from favoring said courtship.
The provocation given by the victim was such as to produce passion
and obfuscation, or temporary loss of reason and self-control When passion and obfuscation are not appreciated
5. Arising from the thought of his home being demolished and his access 1. Lapse of 4 days between the wrongful act and the commission of the
to the highway being closed crime
6. Produced by a jealous feeling 2. Lapse of half an hour between the previous fight and the killing of the
7. Arising from the discovery of the wife and the deceased lying beside victim.
each other Having been actuated more by the spirit of revenge or by anger and
8. Caused by jealousy arising from the amorous relationship between the resentment for having been publicly berated by the victim, the accused
wife and another man. The feeling of resentment resulting from rivalry in cannot be credited with this circumstance.
amorous relations with a woman is a powerful stimulant to jealousy and
is sufficient to produce loss of reason and self-control. P/O and sufficient provocation or threat arising from the same facts cannot be
appreciated separately in favor of the accused in the same case
Obfuscation must come from legitimate feelings It is settled that if these two mitigating circumstances are based on the same
 The act which gives rise to the mitigating circumstance must originate facts, the same should be treated as one.
from lawful feelings.
 Turmoil and unreason which naturally result from a quarrel or fight Vindication of a grave offense and P/O may be appreciated separately in favor of
should not be confused with the sentiment or excitement in the mind of the accused in the same case when they arise from different set of facts
a person injured or offended to such a degree as to deprive him of his
sanity and self-control, because the cause of this condition of mind must Seventh circumstance: (voluntary surrender/confess)
necessarily have preceded the commission of the offense. The offender had
 People v. Pacot: the court ruled that the accused cannot invoke Voluntarily surrendered himself
passion or obfuscation considering that his relationship with Yolanda is To a person in authority
illegitimate. Or his agents,
Or that he had
Passion or obfuscation must not arise from a spirit of lawlessness or revenge Voluntarily confessed his guilt
 People v. Caliso: such sudden bursts of passion was not provoked by Before the court prior to
prior unjust or improper acts of the murder victim or his parents, since The presentation of evidence for the prosecution
the parents-homeowners had the perfect right to reprimand the
defendant for indecently converting the family’s bedroom into a
rendezvous of herself and her lover What are the 2 separate ordinary mitigating circumstances in this paragraph?
1. Voluntary surrender to a person in authority or his agents
 P and O cannot mitigate the penalty where the accused was actuated
2. Voluntary confession of guilt before the court prior to the presentation of
more by a spirit of lawlessness and revenge than by any sudden
evidence for the prosecution
impulse of natural and uncontrollable fury
NOTE: They may be considered separately because they are based on
separate facts.
Passion or obfuscation should not arise from vicious, unworthy, and immoral
sentiments
What is the basis?
US v. Hicks: the only causes which mitigate the criminal responsibility for the
Lesser criminal perversity on the part of the accused
loss of self-control are such as originate from legitimate feelings, not those which
arise from vicious, unworthy, and immoral passions.
Nature?
Ordinary mitigating circumstances
Passion and obfuscation cannot be appreciated in killing a rival for a girl’s
affections
 The accused must have been actuated by such causes, both strong and
powerful, as naturally to have produced passion and obfuscation, and
those causes which merely give rise to the excitement inherent in
combatants are not sufficient.
 The obfuscation must originate from lawful feelings.

VOLUNTARY SURRENDER Why is voluntary surrender mitigating?
 It shows the intent of the accused to submit himself unconditionally to
What are the requisites of voluntary surrender? (N-A-V-U-S) the authorities, either because he acknowledges the guilt, or because
1. The offender has not been actually arrested he wishes to save them the trouble and expense necessarily incurred in
2. The offender has surrendered himself to a person in authority or his his search and capture.
agents  The act of repentance and respect for the law indicates a moral
3. Surrender must be voluntary disposition favorable to his reform.
4. Surrender must be unconditional Who is a person in authority?
5. Surrender must be spontaneous Any person
Directly vested with jurisdiction,
Whether as an individual or as a member of some court or governmental
Lack of resistance does not mean voluntary surrender corporation, board, or commission
The fact that he did not resist but went peacefully with the lawmen does not
mean that he voluntarily surrendered. Examples of persons in authority
Surrender to a barangay tanod is mitigating 1. A barrio captain
Although a barangay tanod is not a person in authority but only an agent of a 2. A barangay chairman
person in authority, the barangay officer could be treated as an intermediary to 3. Teachers
the accused’s surrender so as to justify appreciating his mitigating circumstance 4. Professors
in favor of the accused. 5. Persons charged with the supervision of public or duly recognized
private schools, colleges, and universities
The accused must show an intent to surrender unconditionally 6. Lawyers in the actual performance of their duties or on the occasion of
 Either because of an acknowledgment of guilt or such performance
Because of a wish to spare them the trouble and the expense
concomitant to the search and capture of the accused. Who is an agent of a person in authority?
 Voluntary surrender cannot be appreciated where the evidence A person who,
adduced shows that it was the authorities who came looking for the o By direct provision of law, or
accused o By election or
o By appointment by competent authority,
The surrender must be spontaneous Is charged with the:
The essence of voluntary surrender is spontaneity o Maintenance of public order and
o Protection and security of life and property
The surrender must be done before the accused could in fact be arrested
 That the provincial commander announced over the radio that he would Examples of agents of a person in authority
issue a “shoot to kill” order unless the accused voluntarily surrenders, 1. Barrio councilman
and that the accused was persuaded to surrender by his employer do 2. Barrio policeman
not militate against the consideration of this circumstance. 3. Barangay leader
 The stubborn fact remains that he was not arrested and that he 4. Any person who comes to the aid of persons in authority
presented himself to the provincial commander to surrender.
When the accused was in fact arrested, there is no voluntary surrender
There is still voluntary surrender although the accused did not immediately tell
the police that he was the assassin Where should voluntary surrender be made?
 People v. Benito: When the accused told the police that he would help  To any person in authority or
in the case as he knew the suspect and motive, the mitigating An agent of a person in authority
circumstance must still be credited. Anywhere in the Philippines
 The fact that he did not immediately tell the police that he was the  The law does not require that the surrender be done in the place where
assassin would not negate the appreciation of such mitigating the crime was committed
circumstances, since when he was brought to the police station as a
witness, he confided to the investigations that he was voluntarily It is not necessary that the surrender be done at the first opportunity. It is enough
surrendering and surrendering the fatal gun used. that the surrender contains the prescribed requirements.
Examples: accused surrender after an hour/the day after

Accused presented himself 5 days after the commission of the crime and 2 days He is entitled to the same since there is nothing in the records to show that the
after the issuance of the warrant for his arrest. accused had been arrested prior to this posting of a cash bail bond.
When voluntary surrender was not appreciated Voluntary surrender must be for the crime for which the accused is prosecuted
1. When done after almost 9 months from the issuance of a warrant of
arrest because the surrender is not spontaneous VOLUNTARY CONFESSION OF GUILT
2. When done after undergoing hardships and difficulties of living the life of Voluntary confession of guilt before the court prior to the presentation of
a fugitive from justice evidence for the prosecution
3. When they went to see the chief of police not to surrender but because
he called for them What are the requisites? (S-O-P)
4. After the warrant of arrest has been served on him 1. The offender spontaneously confessed his guilt
5. When a policeman in fact arrested the accused 2. Confession of guilt was made in open court
6. When it is solely motivated by self-preservation from what he feared 3. The confession of guilt was made prior to the presentation of evidence
was an imminent retaliation from the immediate relatives of the victim for the prosecution
7. When the accused went to the police to clear his name
8. When accused went to the police to clear the matter and know the Meaning and import of plea of guilty
reason why the police were looking for him When an accused pleads guilty to the charge against him, it is understood that:
9. When accused went to the police not to surrender, but merely to report o He does so fully cognizant that he has carefully read beforehand the
the incident charge against him;
o And where he pleads guilty thereto, he signifies his admission of all the
There is still voluntary surrender when the accused went into hiding for his material facts alleged therein, including the allegation of the aggravating
protection and safety circumstance
People v Dayrit: When the accused fled to a hotel, not because he was hiding Where the accused entered the plea of guilty in open court, he admitted
from the police authorities but because he was afraid of the companions of the o Not only his guilt but also
deceased who pursued him to the hotel but could not get to him because the o The material allegations in the information and
door was closed. He was found by the police in the hotel room, and was o Is precluded from showing he has not committed them
investigated the following day.
Why is the plea of guilty mitigating?
Arrest bars voluntary surrender An accused spontaneously and willingly admits his guilt at the first opportunity
 This circumstance is not appreciated when the accused pretended to as:
say that he was on his way to the municipal building to surrender to the o An act of repentance and
authorities upon being caught. o A moral disposition favorable to his reform and submission to the law.
 When accused was re-captured, this circumstance can no longer apply
 It must be proven that the accused freely placed himself at the disposal Plea of guilty should be done at the first opportunity before the court having
of law enforcing authorities. jurisdiction to try the cases
 Where there has been actual arrest the mitigating circumstance of  Confessions made during the appeal do not constitute, in the eyes of
voluntary surrender cannot be invoked the law, a mitigating circumstance.
 These benefits are not deserved by the accused who submits to the law
Waiting for the policeman may not be considered as voluntary surrender only after the presentation of some evidence for the prosecution.
 The accused had no conscious effort to surrender
 He was merely fetched from his house by a policeman Plea of guilty during the re-arraignment is mitigating
Still considered pleading guilty before the prosecution presented its evidence
Initial apprehension to surrender because of rumors that the accused will get hurt
in jail does not affect the voluntariness and spontaneity of surrender Qualified plea of guilty may be mitigating
The fact that he was afraid that if apprehended by another policeman he would  People v. Magallanes: Although the confession was qualified and
be subjected to torture, this circumstance should not affect the voluntariness and introduction of evidence became necessary, the qualification did not
spontaneity of his surrender. deny the defendant’s guilt and was subsequently fully justified.
 It was not the defendant’s fault that aggravating circumstances were
Voluntary surrender is mitigating when the accused posted bail even before he erroneously alleged.
was arrested

 If such qualification could deprive the accused of the benefit of plea of any lesser offense to that charged which is necessarily included in the
guilty, then the prosecution could nullify this mitigating circumstance by offense charged in the complaint or information.”
counteracting it with unfounded allegations of aggravating  Once the consent of the fiscal and the court is secured,
circumstances. And upon the information being correspondingly amended,
The accused actually enters a plea of guilty, he is still entitled to the
The accused should not be allowed to withdraw his plea of guilty after learning benefit of the plea of guilty when the court sentences him for such
about the penalty lesser offense,
An accused should not be allowed to gamble with his plea of guilty by EVEN IF the offer, the amendment and the plea are made after he
withdrawing it after he learned the penalty imposed upon him. prosecution has started its evidence.
 This is the exception to the rule that the accused can no longer avail
Conditional plea is not mitigating this circumstance as mitigating after the prosecution has presented its
Where the accused enters a conditional plea of guilty in the sense that he admits evidence.
his guilt provided that a certain penalty be imposed upon him, he must be  The amended information is an entirely new information and no
considered as having entered a plea of not guilty. evidence has been presented to prove the charges made therein.
Confession of guilt is not mitigating when made after the prosecution has started May the prosecution introduce evidence to prove an aggravating circumstance
the presentation of its evidence not alleged in the information?
 People v. Palermo: accused pleaded guilty after waiting for the NO. It is error to find that the crime was committed with an aggravating
prosecution to rest its case. It was only during his turn to present circumstance and to impose the penalty in its maximum degree.
evidence that he confessed having committed the crime charged. Such
confession was not spontaneous. In a capital offense, the prosecution is still required to prove the guilt and precise
 People v. De la Cruz: These benefits are not deserved by the accused degree of culpability of the accused despite the plea of guilty
who submits to the law only after the presentation of some evidence for Rule 116, Sec. 4 of Rules of Criminal Procedure:
the prosecution, believing that in the end, the trial will result in his When the accused pleads guilty to a capital offense, the court shall conduct a
conviction by virtue thereof. searching inquiry into the:
 Plea of guilt is not mitigating when it was made during the testimony o Voluntariness, and
of the first witness for the prosecution. o Full comprehension
Of the consequences of his plea and shall require the prosecution to:
Plea of guilty on appeal is not mitigating o Prove his guilt, and
 It cannot be stated that the appeal taken by him to the RTC again o The precise degree of culpability.
restored the case to its original state for the very reason that the law The accused may present evidence in his behalf.
requires a trial de novo (that there had been no presentation of
evidence before he confessed or admitted his crime) It shall be the duty of the prosecution to prove the guilt of the accused in a capital
 A trial de novo gives the impression and necessarily implies the offense despite his plea of guilty.
existence of a previous trial
Rules to guide the court in conducting a searching inquiry of the accused in a
Plea of guilty during the preliminary investigation is not mitigating capital offense
 The municipal court conducting a preliminary investigation had no There are 3 conditions that the trial court must observe to obviate an improvident
jurisdiction over the crime. It could not have rendered judgment on the plea of guilty by the accused:
plea. 1. It must conduct a searching inquiry into the voluntariness and full
 The plea of not guilty upon arraignment at preliminary investigation in comprehension by the accused of the consequences of his plea.
the municipal court is no plea at all. 2. It must require the prosecution to present evidence to prove the guilt
 The proper forum where a plea in mitigating may be presented is the of the accused and the precise degree of his culpability.
court which has jurisdiction to take cognizance of the case. 3. It must ask the accused whether he desires to present evidence on his
behalf, and allow him to do so if he so desires.
Voluntary confession of guilt to a lower charge after amendment of the
information is mitigating There is no hard and fast rule as to how a judge may conduct a “searching
 Sec. 4 of Rule 118 of Rules of Criminal Procedure allows the accused, inquiry,” or
with the consent of the public prosecutor and the court to “plead guilty of As to the number and character of questions he may ask the accused, or
As to the earnestness with which he may conduct it,

Since each case must be measured according to its individual merit. 7. The trial judge must satisfy himself that the accused, in pleading guilty,
is truly guilty.
NOTE: Courts must proceed with caution where the imposable penalty is death The accused must be required to narrate the tragedy or reenact the crime or
for the reason that the execution of such a sentence is irrevocable and furnish its missing details.
experience has shown that innocent persons have at times pleaded guilty.
Despite the accused’s plea of guilty, the court should still take his testimony in
Guidelines in the conduct of a “searching inquiry” (AA-E-II-L-S) case of a grave offense
1. Ascertain from the accused himself Trial courts should exercise solicitous care before sentencing the accused on a
a. How he was brought to the custody of the law plea of guilty especially in capital offenses by first insuring that the accused fully
b. Whether he had the assistance of a competent counsel during understands:
the custodial and preliminary investigations; and o The gravity of the offense,
c. Under what conditions he was detained and interrogated o The severity of the consequences attached thereto
during the investigations o As well as the meaning and significance of his plea of guilty, and
This is intended to rule out the possibility that the accused has been o That the prudent and proper thing to do in capital cases is to take
coerced or placed under a state of duress either by: testimony,
o Actual threats of physical harm coming from malevolent To assure the court that the accused has not misunderstood the nature and
quarters, or effect of his plea of guilty.
o Simply because of the judge’s intimidating robes.
The jurisprudential rule that in capital offenses the taking of testimony,
2. Ask the defense counsel a series of questions as to: notwithstanding the plea of guilty, is the proper and prudent course to follow to
a. Whether he had conferred with, and establish the guilt and precise degree of culpability of the accused and “not only
b. Completely explained to, to satisfy the trial judge but to aid the SC in determining whether the accused
The accused the meaning and consequences of his plea. really and truly understood and comprehended the meaning, full significance and
consequences of his plea.”
3. Elicit information about the personality profile of the accused, such as
his: Eighth circumstance: (deaf/dumb/blind/physical defect)
a. Age That the offender is
b. Socio-economic status, and Deaf and dumb,
c. Educational background, Blind, or
Which may serve as a trustworthy index of his capacity to give a free Otherwise suffering some physical defect
and informed plea of guilty. Which thus restricts his
Means of (A-D-C)
4. Inform the accused of the: Action,
a. Exact length of imprisonment, or Defense, or
b. Nature of the penalty under the law, and Communication
c. The certainty that he will serve such sentence. With his fellow beings.
For not infrequently, an accused pleads guilty in the hope of a lenient
treatment or upon bad advice or because of promises of the authorities
or parties of a lighter penalty should he admit guilt or express remorse. What is the basis?
Diminution of freedom of action.
5. Inquire if the accused knows the crime with which he is charged and
To fully explain to him the elements of the crime which is the basis of Nature?
this indictment. Ordinary mitigating circumstance
Failure of the court to do so would constitute a violation of his
fundamental right to be informed of the precise nature of the accusation Deaf and dumb or blind
against him and a denial of his right to due process.  It is not necessary that both ears of the accused be deaf
 Or both eyes of the accused be blind
6. All questions posed to the accused should be in a language known and  It is enough that his partial blindness or partial deafness restricts his
understood by the latter. means of action, defense or communication with his fellow beings.

Examples 4. Parricide: “cumulative provocation which broken down her psychological
1. Accused’s right hand is missing resistance and natural self-control.” There was a resulting diminution of
2. Feeble-minded her freedom of action, intelligence or intent.
5. Murder: when the impairment of mental faculties was not so complete
To be mitigating, the physical defect must restrict the accused’s means of action, as to deprive him of his intelligence or the consciousness of his acts
defense or communication with his fellow beings
 Murder: the fact that the accused suffers from a physical defect, a Tenth circumstance: (any other circumstance)
severed left hand, does not mean that he should automatically be Any other circumstance
credited with this circumstance Of a similar nature and
 In order for this condition to be appreciated, it must be shown that Analogous to those
such physical defect limited his means to act, defend himself or Above mentioned.
communicate with his fellow beings to such an extent that he did not
have complete freedom of action, consequently resulting in diminution
of the element of voluntariness Circumstance analogous or similar to passion or obfuscation
 People v. Francisco: limp allegedly suffered by the accused has not Frequent and persistent demands for payment of accused’s debts which
been shown to restrict his means of action, defense or communication annoyed and scandalized his co-workers in the office to whom he lost face being
the assistant manager, so much so that he had to resign from his job
 No evidence was presented in relation thereto other than the bare
allegation that he suffered from such a physical defect
Extreme property and necessity
 Rape: while it is true that he is one-armed, such fact alone does not
 The right to life is more sacred than a mere property right.
sufficiently prove that he could not have committed the crime.
 That is not to encourage or even countenance theft but merely to dull
somewhat the keen and pain-producing edges of the stark realities of
Ninth circumstance: (illness) life.
Such illness
Of the offender Belief in witchcraft is mitigating
As would diminish the  When the accused committed the murders under the influence of an
Exercise of the ancient tribal belief in witchcraft, or a local but deep-rooted superstition
Will-power of the offender handed down to them by their ignorant and uncivilized forebears which
Without however led them to believe that they have no other way to secure the lives and
Depriving him of safety of their families, neighbors, and themselves from threatened and
The consciousness of unknown danger
His acts.  The defendant fully believed the victims to be witches
 The defendants have spent their lives in a remote, mountainous barrio
What is the basis? where they had no opportunity to come in contact with the more
Diminution of intelligence and intent enlightened people and learn the error of their ways
Other examples
Nature? 1. Outraged feeling of creditor upon seeing a bad debtor
Ordinary mitigating circumstance 2. Impulse of a jealous feeling similar to passion or obfuscation
3. The deceased described as a boxer and a tough guy had summarily
To be mitigating, the illness should diminish the exercise of the will-power ejected from a dance hall a lieutenant and several fellow soldiers
 But should NOT deprive him of the consciousness of his acts 4. The action of the accused was the result of a lovers’ tiff between him
 If it deprived him of the consciousness of his acts, it is considered to be and his live-in partner over their son and concerning the future of their
an exempting circumstance unbridled relationship.
The criminal act of burning the live-in partner’s home was carried out by
Examples the accused in a diminished emotional state.
1. Parricide: Feeble-mindedness 5. Robbery with Homicide: the act of one of the three accused in testifying
2. Qualified theft: mild behavior disorder as a consequence of illness the for the prosecution, without previous discharge should be considered in
accused has in early life (encephalitis) his favor as a MC analogous to a plea of guilty
3. Murder & Rape: mental illness (psychosis or schizophrenic reaction)

6. Malversation: the restitution of the peculated funds would be analogous
to voluntary surrender if it was immediately and voluntarily made before
the case was instituted.
7. Accused was over 60 years old and with failing eyesight. Similar to an
accused over 70 years of age.
8. The accused and a companion carried his victim to a hospital for
treatment and there he was disarmed and arrested by the police.
In spite of that arrest, he was still given the benefit of the mitigating
circumstance of voluntary surrender.
9. Murder: the victim previously threatened the accused for non-payment
of debt arising from gambling, causing the accused humiliation and
shame.
Example of circumstance that does not fall within Par. 10

The fact that the crime committed by the accused had caused no irreparable
material damage to the offended party.
(Impossible crime?)
Special mitigating circumstances

1. Infanticide: Concealing the dishonor of the mother by the mother
herself or the maternal grandparents
2. Abortion: concealing the dishonor of the mother
3. Slight Illegal Detention: voluntary release within 3 days without
attaining the purpose and before criminal prosecution is instituted
against him (privileged mitigating circumstance)
4. Adultery: abandonment of the wife by the husband without justification
(privileged mitigating circumstance)


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CRIMINAL LAW 1 An ex-post facto law is one which: (M-A-C-A-D-A)

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Who are the members of the Code Commission?

The Committee took into consideration the following factors: (R-E-S)

Second instance: (forge or counterfeit)

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Malum prohibitum, examples 

Becomes material only when there is

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Is there a crime? Objectively no.

Article 6. Consummated, frustrated, and attempted felonies. –

Art. 8. Conspiracy and proposal to commit a felony. –

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Atty. Frias: Defense against property

RAMOS, MARY LOUISE M. San beda college alabang – school of law

US v. Guy-sayco People v. Maalat

People v. Dala RETALIATION UNLAWFUL AGGRESSION

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

What is a ‘child’? What is a ‘diversion program’?

What are these circumstances?

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Guidelines of the Supreme Court in appreciating age, either as an element of the

RAMOS, MARY LOUISE M. San beda college alabang – school of law

What is ‘discernment’? Automatic suspension of sentence

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Accident vs. Negligence Missing element: VOLUNTARINESS lacking FREEDOM

Insuperable cause, explained.

2. Objective test What are absolutory causes?

Instigation vs. Frame-up

Instigation and frame-up cannot be present concurrently.

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

So he acted with discernment, what now? NOTES:

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Fourth circumstance: (sufficient provocation) Examples of sufficient provocation:

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

RAMOS, MARY LOUISE M. San beda college alabang – school of law

Example of circumstance that does not fall within Par. 10

Special mitigating circumstances

RAMOS, MARY LOUISE M. San beda college alabang – school of law

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