Criminal Law 1

CRIMINAL LAW REVIEW
CRIMINAL LAW 1
Judge Ma. Cristina Cornejo
ARTICLE 1 A: water- formerly 3 mile limit but now 12 mile

TIME WHEN ACT TAKES EFFECT limit from low water mark.
Originally 3 mile limit extended from the low

ARTICLE 2 water mark 12 mile limit from the low water
SCOPE AND APPLICATION OF THE mark- by virtue of the New Convention of the
CODE Law on the Sea, which was ratified in 1982 by
member states, 50+ member states, 52/55
3 Important Characteristics of Criminal Law expand the territorial water jurisdiction of Phil.
1. Generality Criminal Law
2. Territoriality
3. Prospectivity Exemptions to the Territoriality Characteristics
of Phil. Criminal Law are found in Art. 2 of the
1. Generality RPC (memorize)
General → criminal law applies to all who
lives/ sojourn within the Philippine territory.  meaning Phil. Criminal law will apply to
Lives → committed a crime here, Phil. those persons who committed it even
Criminal law applies to you outside the Phil. Territory
Sojourn → even if you are simply passing thru  so, it applies to all those who commit
– you are subjected to Phil. Criminal law. an offense while on board/ Philippine
ship/airship it shall apply to those who
General Rule: counterfeit currency notes, bank notes,
Who lives / sojourn in the Phil Territory coins which have been issued by the
government of the RP, it shall apply to
Exceptions: those who are responsible for the
Heads of state, ambassadors, ministers, introduction of those counterfeit, bank
resident diplomatic notes that has been forge; public
officials and employees who commit
Q: Consuls, Vice-consuls? offenses in the course/ discharge of
A: not exempt from the operation of Phil. duties/official functions as such; and to
Criminal law those who commit crimes against
national security and the law of the
2. Territoriality nations
- physical boundaries, that would
include Phil. Criminal law now
will apply to all crimes within the
Phil. Territory.
- Phil. Territory- the land, water
and the air 5 Exceptions - that Even Committed
Outside the Philippine Territory Air, Land
Q: What about the extent of Phil territory? and Water Still Subject to Philippine
(because of the Phil. boundaries nga?) Criminal Law
Don’t Sweat the Small Stuff
Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

1 Moral Support & Entertainment by Ayce, Gerard, Ariel, Charles & Saskia
1. Crime committed within a Philippine ship or a. French rule - if the crime committed on
airship. board of a foreign merchant vessel.
2. Forgery is committed by giving to a treasury Example:
or bank note or any instrument payable to Here in our territory, under the French rule, we
bearer or to order the appearance of a true do not have jurisdiction except if that crime
genuine document or by erasing, substituting, even if on board of a foreign merchant vessel
counterfeiting, or altering by any means the affects public order/ national security
figures, letters, words or signs contained
therein. b. English rule - the crime is committed on
3. If forgery was committed abroad, it must board of a foreign merchant vessel which is
refer only to Philippine coin, currency note or situated in Phil. territory, it is subject to our
obligations and securities. jurisdiction except if that crime relates to
4. A public officer or employee who commits a internal affairs/ internal management of the
crime related to the exercise of his office. foreign merchant vessel.
5. Title I of Book II on crimes against national
security and the law of nations covers treason, 3. Prospectivity
espionage, provoking war and disloyalty in  the law will apply only to facts,
case of war, piracy and mutiny but not circumstances, events, transactions
rebellion. after the promulgation of the law
Note: When rebellion is committed abroad, the  so the law must made to apply forward,
Philippines will not acquire jurisdiction because it may not apply backward, it cannot be
rebellion is a crime against public order. given a retroactive application, that is
the rule
Board/ Phil. Ship/ Airship Exception:
 it is not a question of ownership of a If it is favorable to the accused, it is not
vessel enough that RA is favorable to the. The
 it is a question of registration accused must not be habitual delinquent (HD)
 where it was registered
 for our court to acquire jurisdiction, it HD - Art. 62
must be registered in accordance of our  2 requisites must concur:
Phil. Laws 1. RA is favorable to the accused
 even it was Filipino owned but not 2. He must not be a HD
registered under our law, even if the
crimes committed there, we do not Q: Who / What is HD?
have jurisdiction A: It is a special aggravating circumstance
 registration in the Bureau of Customs because it adds to penalty
 for as long as the crime committed on  if within a period of 10 years, reckoned
board of Phil ship / Airship from the date of his last release or the
last conviction (2 reckoning point)
Q: What if the crime is committed on board  of the crimes of (any of the crimes of)
on a warship? serious physical injuries, less serious
A: Of course internationally accepted that physical injuries, robbery, theft, estafa
would fall under the jurisdiction - still which the and falsification, is found guilty of any
country to which that warship belongs, even if of the said crimes, the third time or
it is here within the Phil. Territory, if the crime is oftener
committed in that warship that is still
considered an exception in the territory of the Take note the effect of repeal of the Penal
country to which that warship belongs. Law
a.) New law provides a lighter penalty than the
Q: Crime committed on board of foreign penalty provided in the old law with respect to
merchant vessel?
Make Peace with Imperfection a crime then the new law will apply because it
A: 2 rules: is favorable to the accused but remember he
must not be a HD
b.)What if the new law provides a heavier ARTICLE 3
penalty? At the time of the commission of the FELONY
crime, then you apply because it is not totally
repealed, its only that it apply to the same
Art. 3 relate to Art. 4
offense but the point th4e lighter penalty in the
Art 3- defines what a felony is
old law that would have to be made to apply.
Art. 4- how is criminal liability incurred
c.) What if the new law does not anymore
Q. What is a felony?
penalize the act which has been penalize
Art. 3, a felony is an act or omissions
before the old law
punishable by law.
- the crime is obliterated
- acquitted
Q. Did he incur criminal liability?
A. Go back to Art. 3 & 4
Schools of Thought
1. Classical Theory
Q. How is that act/omission?
2. Positivist Theory
A. Either dolo or culpa.
3. Protective / Utilitarian
Q. How is criminal liability incurred?
1. Classical Theory
A. Felony is an act/omission punishable by law
 Man is considered a creature of
it could be by means of dolo (deceit, intent )
absolutely free will (voluntary)
culpa (imprudence, negligence, lack of
 Wherefore he has a choice
foresight/skills)
 If he chooses to do wrong, he will suffer
the consequences
2 Basic Kinds of felony
 If he chooses to be right, fine! 
1. Intentional felonies
 Purpose of penalty retribution
2. Culpable Felonies
2. Positivist
Q. What are the elements: Art 365 Culpable
 does not do it voluntarily but there is a
A.
strange & morbid phenomenon that
Intentional vs. Culpable
compels it to do the act
-freedom  -freedom
 psychological
-intelligence  - intelligence
 did not really mean to commit the crime
-intent  -negligence
but compel him by a strange or morbid
phenomenon to commit the crime
Act - overt act, violation of law, you penalize it
 not penalty, subjected to a battery of
psychological test
Omission - why it is omission of a felony? or
 he did not to do it on his own - forced to punishable by a law?
do it
Omission - we do not do anything - inaction,
3. Protective / Utilitarian Q. So why do we penalize for something we
Case do not do?
Facts: Violation of BP22, he was being made A. because there is a law that tells you to do
to pay something, the alleged creditor would this, if you do not to do this, so you omit the
not have any cash out, there is a propensity to obligations to do.
fool somebody who is already in a dire straight
-he took advantage on the accused.
Held - SC: Criminal Law, the penalty provided
under the criminal law is not there to protect Example
society only from actual wrongdoers, but
Let Go of the Idea that Gentle, Relaxed People
likewise from
Can’t potential
Be Super Achieverswrongdoers. Those who
have propensity/ intonations to commit a crime
Treason (misprision) you are aware of the If the act is not felonious, you will not incur
conspiracy to commit treason- you have to criminal liability.
report it to the proper authorities.
To be able to incur criminal liability, 2
ARTICLE 4 requisites must concur:
HOW IS CRIMINAL LIABILITY 1. The act is felonious
2. The act is the proximate cause of the injury
INCURRED
Concept of Proximate Cause
Q. How is criminal liability incurred? The cause of the cause is the evil caused
A. By any person committing a felony (delito)
although the wrongful act done be different Q: How it is defined in criminal law?
from that which he intended. A: People vs Iligan
It is that cause which in the natural &
By any person committing a felony (delito) continuous sequence of events unbroken by
although the wrongful act done be different any events, unbroken by any active intervening
from that which he intended. cause produces an injury without which the
Discussion result would not have result.
before you can incur criminal liability - you do a
felony, if you do something which is not a Q: When there is a proximate cause?
felonious, you may be civilly liable but not A: From the cause to the effect nothing must
criminally liable happen in between
Q. So how do you incur criminal liability? ___________________________________________________
A. If you perform a felony Proximate cause Effect which is the result
Case of Rockwell:
Definition of felony
Offender punched the victim, the victim fell on
It is an act/omission punishable by law, if the
the floor (cemented pavement), he did not die,
act is incorrect merely or otherwise but it is not
while on the ground, dumating si horsie
punishable by law and you commit it but it
horsie!!! Dead 
appears that it is morally wrong but not
punishable by law, you do not incur criminal
Q: Was the punching - that is an exertion of
liability.
violence, protective of injury? Was the
punching, that is a felonious act is the
Example
proximate cause of the death of the victim?
Q. A commit suicide and she jumps from a
A: From the cause which is the act to the effect
building and nibagsak sya kay B, did A
of the death nothing must happen in between,
incur criminal liability?
o di ba may nangyari the horsie, horsie,. The
A. No, the act is not felonious. Suicide is not a
intervening cause - horsie horsie
felony. Even it is immoral.
Case of Rockwell vs Case of Chuaco
Opinion: He can be liable for reckless
In Chuaco Case, the horse is not in the scene
imprudence resulting to homicide
Punched -died of cerebral hemorrhage → incur
criminal liability → from the cause to the effect
Judge Cornejo : those person who commit
there is no intervening
suicide, there’s something in their head (when
you go up in the tallest building) di kana titingin
People vs. Iligan
kung may madadaganan ka pa), I do not
 may view that the concept of Proximate
subscribed to the opinion.
Cause was modified
The only question is if there is a criminal
 the victim was hacked on the head and
liability - if your act is felonious.
then he run until he reached the
highway and he fell and run over by the
vehicles.
Be Aware of the Snowball Effect of Your Thinking
 SC said: It was still a proximate cause himself or defend himself, because he believes
even if the immediate cause was the there is somebody trying to kill him, but he was
running over. not careless, not negligent, because he asked
- sino yan, sino yan? bukas bukas pa din—3rd
Judge Cornejo : it is not modified → time asking, upon opening the door he killed
explained by the Supreme Court, that it is a the person and after that he found out that it
mortal wound na eh! was only his roommate
 Highway - mabilis ang takbo ng → He is acting in self-defense which is lawful
vehicles so you do not consider that as → No fault or carelessness / negligence,
an efficient intervening cause precisely he was calling / asking 3 times
 it was an isolated case
 you do not drive less than 100 km per 2. Error in Personae (Mistake in Identity)
hour → still it is the same concept If the act is criminal act but as was committed
not under the mistake of fact, it was voluntary,
Felonious Act - effect “nothing happened in it was with knowledge, he knew what he was
between” doing, talagang penalize siya, only that there is
a mistake in the identity of the victim.
Factors Affecting Intent and Criminally liable.
Correspondingly the Criminal Liability Example
1. Mistake of Fact A intended to kill B but A killed C instead
2. Error in Personae (Mistake in Identity) Q: Will A be liable for killing C?
3. Aberratio Ictus (mistake in the victim of A: Naturally, liable
the blow)
4. Proximate Cause 3. Aberratio Ictus (Mistake in the vicitim of
the blow)
1. Mistake of Fact A intended to shoot B, but A fired to C- mistake
If you commit an act which is felonious, in the blow (Aberatio Ictus) → liable
because it is punishable by law but you did it Example
under a mistake of fact, you will not be The husband stopped the wife from talking,
criminally liable punched the pregnant wife…but there is no
Requisites (the 3 must concur): intention to kill the wife, intention to exert of
1. That act would have been lawful had the violence into her person, to stop her from
facts been as the accused believe them to be- talking. There is intent to cause harm but no
the act would have been lawful - nakapatay ka intent to kill the wife. No intention to commit so
2. The intention of the accused in performing grave / praeter intentionem - criminally liable
the act must be lawful
3. No negligence/carelessness on the part of Impossible Crimes
the accused By any person performing an act which would
be an offense against persons or property,
U.S. vs. Anchong were if not for the inherent impossibility of its
killed the victim, absolved because of mistake accomplishment or on account of the
of fact→ voluntary yan but under different employment of inadequate or ineffectual
special circumstances kaya siya na absolve, means
fall under the concept of mistake of fact.
Q: Is it a crime?
1. The act would have been lawful had the A: technically, No! Impossible crime is not a
facts been as the accused believe them to crime because the act is not a criminal act it
be. would be an offense or it would have been an
Example offense against person or property for if not for
He slept, locked the door, he heard somebody the impossibility of its accomplishment or on
knocking trying to open the door, he taught it account of the employment of inadequate or
was a murderer. But before he opened / before ineffectual means.
he killed the Your
Develop victim, the intention was to protect
Compassion

Q: Then if it is not a crime why it is How can it be - when one of the requisite is
penalize? when the act must not constitute any violation
A: it is penalize because the fact of the of the RPC, eh di ba TA! TA! TA! Caused
commission of that act, how which is not for damage to the property, that is a violation of
the productive of a crime, against person/ the RPC.
property, he has shown his criminal propensity,  modified version of the impossible
intention to commit a crime only that he do not crime
accomplish the crime because it is inherently  hindi pumasok yung last provision- that
impossible. do not constitute another violation of
any other provision of the RPC
The criminal propensity, criminal tendency that  but they considered it as an Impossible
is the one which is penalize, not the crime Crime, because of the inherent
itself, because technically it is not a crime. impossibility
Example  kapag attempted murder dapat andun
yung tao and about to commit the crime
Q: A intended to kill B, A went to the house  definition of a felony
of B, he saw B lying on the bed, believing  not attempted/ frustrated stage in
that B was sleeping but in fact B died in a Impossible Crime
cardiac arrest and A stabbed B.
Had the person (B) has been alive at the ARTICLE 5
time of stabbing - homicide/murder THERE IS NO CRIME WHEN THERE IS
A: the point is A will not be liable for
murder/homicide, because he cannot kill NO LAW THAT DEFINES AND
somebody who is dead (inherent impossibility PUNISHES IT
on account of the employment of inadequate
ineffectual means) ARTICLE 6
STAGES OF EXECUTION OF FELONY
Example
Buying a substance, you knew it is a poison Different Stages of Execution of felony
but it is sugar so your intended victim did not 1. Consummated
die. 2. Frustrated
3. Attempted
For purposes of impossible crime
The act would be an offense Discussion
 hindi ito crime
Additional According to the SC
 Attempted murder or is hereby found
The act should not constitute another violation
guilty beyond reasonable doubt of the
of any other provision in the RPC
crime of attempted murder as defined
and penalized in Art. 248 of the RPC in
Case:
relation to Art. 6 - stages of execution of
Intod vs. Court of Appeals
a felony - attempted homicide as
Offenders intended to kill Mr. X, so they
defined and penalized in Art. 249 of the
conducted a surveillance there is evident
RPC in relation to Art. 6
premeditation (go out, what time?), so on the
day they decide to execute their plan to kill Mr.
1. Consummated
X, they TA! TA! TA! TA! And yet the house
All the essential elements of the crime are
specifically the room - the supposed victim is
consummated
not there, Mr. X is somewhere else
Argue in the SC: attempted murder, they tried

Example
to kill but he was not there
Remind Yourself that When You Die,
He kills somebody - die sya - consummated
Your “In Basket” Won’t be Empty the moment you put that thing, you have
Another Justice - impossible crime
control, consummated na but there are certain
instances the consummation/frustration of the Due to some cause not on the will of the
crime will depend on the disposability of the perpetrator but due to the will of timely
articles taken. medical assistance
c. Rape- no frustrated
Case: d. Arson- no frustrated
People vs. Espiritu e. Impossible Crime- no frustrated
Rifles they put it in a truck then at the
checkpoint the rifles were found, they were 3. Attempted
unlawfully taken The offender merely commences, merely
Consummated? No! begins the performance of the act, the
SC: it is simply frustrated because they could commission of the crime directly by overt acts
not have easily disposed the rifle
Frustrated → naperform na lahat
Case: Attempted → be merely begins, merely
People vs. Bino – they got hospital linen from commences, how? By directly overt acts, but
the placed it was stored. They loaded it in the does not perform all the acts of execution by
truck. Na-check point sila reason of some cause or accident other than
SC: consummated, because the linen is easily his own spontaneous desistance
disposable
So it would depend on the disposability of the Attempted
articles taken for the purposes of the a. Commences directly by overt acts
consummation b. If the act is preparatory he has not reached
the attempted stage of felony
2. Frustrated  overt means direct external / outer
Offender performs all the acts of execution,  for the purpose of attempted felony the
which would produce it by reason of some overt act must have a direct relation to
cause independent of the will of the perpetrator the crime intended to be committed
- perpetrator - offender  not necessary that there is a physical
- offender - he is the one who act because the physical act may be
commit a crime preparatory or overt act
- all the acts of execution-  overt act may have a relation to be the
naperform na nya crime intended to be committed
Examples Example
a. Frustrated Homicide - offender performs all Q: Person decides to kill somebody, he
the act of execution if the offender has inflicted goes to the drug store, and buys rat killer
a mortal wound (sufficient to cause death) intended to mix that to be fed to the
(fatal would yan) nisaksak mo in the dibdib- intended victim. His acts in purchasing rat
consummated but if you have inflicted of a killer, has reached the attempted stage?
mortal wound and then you have change of A: NO! preparatory lang yan dib a, no direct
heart ikaw na mismo ang nagdala sa hospital relation in his mind has a direct relation, but in
or because you are a doctor, you save his life- the state of his mind, so it is a preparatory act,
frustrated, because the prevention of the malay mo maraming rats talaga, so it is
commission of the crime/ consummation of the different however he comes home he mixes
crime is due to you the poison on the food, he attempted to feed it,
b. you inflicted the mortal wound, doctors overt act, attempted homicide, because the
came in, administered the necessary direct relation.
medication and necessary healing that save Paano magiging attempted?
his life- frustrated, the offender performs all the Susubo pa lang nya and the cat went to him,
act of execution that would produce a homicide cat ate it and the cat died → attempted, take
as a Don’t
consequence
Interrupt Otherskasi mortal
or Finish wound na
Their Sentences note that he did not feed because of some
sufficient to death but nevertheless homicide is cause other than his spontaneous desistance
not committed coz the victim did not die, why?
No attempted Slander
 Impossible Crime
 Homicide ARTICLE 8
 Arson CONSPIRACY
Notes:
You put flammable articles, nibuhusan mo ng Q: When is there a conspiracy?
gas, overt act - attempted A: When 2 or more persons come into an
Rape - no frustrated- only attempted and agreement concerning the commission of the
consummated crime and decide to commit it.
Consummated rape, when? Slightest
penetration of the ano into the ano is already Conspiracy can be taken into 2 senses:
consummated di na kelangan to go deeper, 1. Generally as a mode of incurring criminal
slightest penetration, for as long as there is a liability or it is taken as a crime itself only when
slightest penetration expressly made a crime under the RPC / law
What if walang penetration? yung haging 2. If conspiracy is not expressly made a crime
haging lng, kasi obviously may intent, for under the law specifically the RPC and
example, you undress a woman, the male conspiracy is simple a mode of incurring
organ, walang penetration that is attempted it criminal liability.
is not acts of lasciviousness why you place
your thing over her thing without intent to, 1. Conspiracy as a Crime
attempted but the moment slightest penetration It is defined in the law as a crime
- consummated
Example
Case: Conspiracy to commit treason, rebellion, coup
People vs.  d’etat, sedition, particular penalty
Attempted – male organ was placed and for as long it is defined a crime and gives a
nagkiskis dun sa thigh nung girl. No penalty, conspiracy is a crime but if it is not
penetration made/expressly made a crime, more it is given
SC: that is only an attempted rape. It simply a penalty in the RPC, it is simple a mode of
constituted the strange thing of the castle of incurring criminal liability.
the orgasmic potency or the shelling of the
variable passion. 2. Mode of incurring criminal liability
Because the act of 1 is the act of all
Example
They inflicted injury on the victim, believing the Example
victim has already died? Survive, is that Even if I, even if Mr. X is the only one who
frustrated homicide? materially perform the act, even he is the one
They belief is immaterial. What matter is if all who is directly stub and kill the victim, kami we
the acts of execution were performed. were there, did not participate in the actual
killing for as long as it can be establish that we
ARTICLE 7 conspired to kill, then, we are likewise liable as
WHEN LIGHT FELONIES ARE Principals.
PUNISHABLE
Q. Mode of incurring liability – when do you
incur criminal liability?
Light Felonies A. When you perform an act or felony.
Are punishable when consummated except So you perform an act, you are the one who
those against person or property. killed the victim, kami hindi but we conspired to
Generally: when consummated commit a crime, in any other manner, we
Except: attempted theft, attempted homicide conspire to kill the victim, we are equally liable
as to his death, as Principals, but of course in
Example
Do Something Nice for Someone Else – and Don’t Tell
conspiracy, it must be established clearly and
Anyone About It
Oral defamation convincingly as the crime itself although there
is no direct evidence of conspiracy of course GRAVE, LESS GRAVE, LIGHT
its inferred from circumstantial evidence, was FELONIES
there some agreement if any part is done by
them that would show there is common decide
to commit a crime, there is conspiracy. ARTICLE 10
Even we say there is a conspiracy, because SPECIAL PENAL LAWS
the act of 1 is the act of all, they conspire but if
somebody or one of the conspirators try to
ARTICLES 11 TO 15
prevent the commission of an act which was
not one of those agreed upon, he cannot be Art. 11 Justifying Circumstances
held liable. Art. 12 Exempting Circumstances
Example: Art. 13 Mitigating Circumstances
We conspire to kill A but napatay na then Art. 14 Aggravating Circumstances
susunugin yung bahay but you prevent it, you Art. 15 Alternative Circumstances
may not be held liable for arson
JEMAA – they are referred to as modifying
General rule: the act of 1 is the act of all circumstances.
Exception: if 1 of the conspirators try to Q. Why modifying?
prevent the commission of another act which A. Because they modify either to increase or
was not agreed upon. decrease the degree of criminal liability of a
particular accused.
Proposal to Commit a Felony
A mode of incurring criminal liability, is likewise J – there is no criminal liability
a crime only if it is made expressly a crime E – there is no criminal liability
under the RPC M – there is criminal liability but reduced
A – there is criminal liability but liability is
Examples increased or if it is in the nature of qualifying
Proposal to commit treason, proposal to aggravating circumstance then the crime is
commit rebellion, proposal to commit sedition changed. It changes the nature of the crime.
Example Qualifying aggravating circumstance
 if it is made expressly made a crime – killing generally would amount to homicide
 it is not necessary that a proposal is but there is an attendance in the commission
accepted, mere proposal even if not of the crime of qualifying aggravating
accepted, it is made a crime in so far as circumstance of treachery or evident
the offense and liable, not specifically premeditation, the crime is qualified from
made a crime it must be accepted homicide to murder.
perjury
Example Justifying vs. Exempting
I decide to induce him to execute a false 1. J – there is no crime, there is no criminal
affidavit, propose the execution, if he will not liability because the act is justified (neither
accept my proposal. He is not liable crime nor criminal)
Accept → both will be liable, Principal by E – there is a crime but there is no criminal
Inducement Because the criminal or perpetrator of the act
is exempt from criminal liability
Q: What if several persons were charged as
conspirators, ½ have been acquitted, the 2. J – since there is no crime, there is no civil
last are guilty/ convicted, is there liability except Paragraph 4 → state of
something wrong? necessity or avoidance of greater injury.
A: No, People vs. 
→ Nothing irregular because conspiracy is a (We all know even in criminal procedure – civil
mode of incurring criminal liability. liability flows from the commission of the crime
Let Others Have the Glory so if there is no crime, there is no source from
which the civil liability might flow or spring)
ARTICLE 9
In all these defenses the indispensable
E – since there is a crime, there is civil liability. requisite is unlawful aggression.
There is no criminal liability but there is civil Q. Why unlawful aggression is
liability except paragraphs 4 (accident) and 7 indispensable?
(insuperable cause). A. Because if there is no unlawful aggression,
Meaning: with respect to paragraphs 4 and 7 the second requisite (which is reasonable
there is neither criminal liability nor civil liability. necessity of the means employed to prevent or
repel the unlawful aggression) has no basis
JEM – invoked by the accused. because you are invoking SD, DR, DS so the
Aggravating – invoked by the prosecution for unlawful aggression should have come from
the purpose of increasing the degree of the victim. Meaning without the unlawful
criminal liability of the accused. The aggression, there is nothing to prevent or
prosecution is requesting and trying to prove to repel.
the court that this circumstance should be
appreciated against the accused in the Incomplete Justifying Circumstance (IJC) –
commission of the crime so as to increase the if not all the conditions are present
criminal liability of the accused.
Q. What is the effect of IJC?
ARTICLE 11 A. It is a privileged mitigating circumstance
JUSTIFYING CIRCUMSTANCES (PMC).
1. Self – defense (SD)
Q. What is the effect of PMC?
2. Defense of Relatives (DR)
A. It serves to reduce the penalty by degrees.
3. Defense of Strangers (DS)
It is 1 degree lower to the mitigating.
4. State of Necessity or Avoidance of
Greater Evil
Incomplete SD, Incomplete DR, Incomplete
5. Fulfillment of a Duty
DS, Incomplete exempting circumstance –
6. Obedience to Superior
not all the conditions necessary to justify the
act or exempt the accused from criminal
In self-defense, defense of relatives and
liability are present.
defense of strangers, the first two elements
of these three defenses are the same:
If in any of these defenses (SD, DS, DR) there
1. Unlawful aggression from the victim
is no unlawful aggression, even if the two other
2. Reasonable necessity of the means
requisites are present, you cannot invoke of
employed to prevent or repel the
the PMC of IJC because as far as these
unlawful aggression
defenses are concerned, the indispensable
element is unlawful aggression coming from
They differ in the 3rd requisite:
the private offended party.
SD – lack of sufficient provocation on the part
of the person defending himself
Examples:
1. If in SD reasonable necessity of the means
DR - in case the provocation was given by the
employed to prevent or repel the unlawful
person attacked, that the one making the
aggression and lack of sufficient provocation
defense (the accused) had no part therein /
on the part of the person defending himself are
even if the relative being defended gives the
present but there is no unlawful aggression →
provocation, it is important that the person
no PMC
defending had no part in the provocation.
2. If in SD unlawful aggression and reasonable
DS – the person defending the stranger was
necessity of the means employed to prevent or
not motivated by hate, revenge, resentment or
repel the unlawful aggression are present →
other evil motives.
there is PMC
The unlawful aggression should have come
Learn to Live in the Present Moment 3. If in SD unlawful aggression and lack of
from the private offended party.
sufficient provocation on the part of the person
defending himself are present → there is PMC
4. If in SD one requisite is present, which is Ni-saksak ka nya, umalis na sya tapos ni-
unlawful aggression → ordinary mitigating attack mo pa sya → retaliation
circumstance.
Binugbog ka, after binugbog ka, bumagsak ka,
PAR. 1 - SELF DEFENSE he left and did not do anything else and then
Requisites: you stood up and you followed him and
1. Unlawful aggression from the victim stabbed him.
2. Reasonable necessity of the means Q. Is that SD?
employed to prevent or repel the A. No. Tapos na eh! It should be on going or
unlawful aggression about to happen. You are simply repelling the
3. Lack of sufficient provocation on the aggression so the aggression must be existing
part of the person defending himself at the time you reacted.
1. Unlawful Aggression from the 2. Reasonable Necessity of the

Victim Means Employed to Prevent or
Repel the Unlawful Aggression
Aggression should have come from the - Case to case basis. It would depend on the
victim of the accused existence of the aggression as well as the
The unlawful aggression must have come from nature and extent of the aggression because
the victim because he is defending himself or you are trying to repel or trying to prevent the
defending his relative or defending a stranger aggression so it must be reasonable and must
so the aggression should have come from the depend on the nature and extent of the
victim of the accused. aggression.
Example
Q. What is unlawful aggression / What Nisampal ka nya, sinaksak mo sya. Is that
would consist of unlawful aggression? reasonable? No. Kung sinampal ka, sampalin
A. It is an action either an actual physical mo din or suntukin mo.
assault coming from the victim or the threat to
inflict real injury on the offender and the threat Minura ka, sinaksak mo – that is
to inflict real injury must be immediate and unreasonable!
imminent. The threat to inflict real injury in not
merely imagined. It must be proportionate to the aggression. So
it would depend on the nature and extent or
Immediate / Imminent – about to happen. gravity of the aggression. The reasonableness
There are signs to show that the aggression is would depend on the existence of aggression.
about to happen. If there is no aggression there is no basis for
repelling.
Example
Lumalapit lang sayo yung tao, no threat, you 3. Lack of Sufficient Provocation
imagined that he will kill you → this is not on the Part of the Person
imminent. Defending Himself
It must be at the time the unlawful
Q. What is provocation?
aggression is still existing
A. It is something that would steal somebody to
If you act / claim in SD, it must be at the time
action.
the unlawful aggression is still existing
because of you attack somebody after the
Q. What is lack of provocation?
unlawful aggression has already ceased to
A. Even if the accused gave the provocation, it
exist, that is no longer SD, you are no longer
was not sufficient.
preventing, you are no longer preventing any
Meaning: kung wala syang ginawang
aggression. When the unlawful aggression
provocation that could have illicited the
ceased to exist → that is simply retaliation.
aggression from the private offended party
Example
Imagine that Everyone is Enlightened Except You

(POP) or magbigay man sya ng provocation, it the provocation. What is important is that it
was not sufficient to illicit such unlawful Gerard was not part of the provocation.
aggression from the POP. PAR. 3 - DEFENSE OF STRANGERS
Requisites:
PAR. 2 - DEFENSE OF RELATIVES 1. Unlawful aggression from the victim
Requisites: 2. Reasonable necessity of the means
1. Unlawful aggression from the victim employed to prevent or repel the unlawful
2. Reasonable necessity of the means aggression
employed to prevent or repel the unlawful 3. the person defending the stranger was
aggression not motivated by hate, revenge, resentment
3. In case the provocation was given by the or other evil motives.
person attacked, that the one making the
defense (the accused) had no part therein / Q. Who is a stranger?
even if the relative being defended gives A. A person who is not listed under the concept
the provocation, it is important that the of relatives.
person defending had no part in the
provocation. Note: The concept of unlawful aggression and
reasonable necessity in SD is the same in DS.
Q. Who are the relatives?
A. Spouse, ascendants, descendants, or 3. The Person Defending the
legitimate, natural or adopted brothers and Stranger was not Motivated by
sisters, or relatives by affinity in the same Hate, Revenge, Resentment or
degrees, relatives by consanguinity within the
other Evil Motives
fourth civil degree.
Most of these are circumstantial. It is a matter
Note: If not included in the list, you are simply
of proof.
acting in defense of a stranger.
Example
Spouse must be Legitimate Spouse
Ariel saw Jessica (a stranger) being mauled by
The spouse must be a legitimate spouse. If
Ayce. Ayce is Ariel’s mortal enemy. Ariel
common law spouse, that is defense of
assaulted Ayce. Ariel claimed that he is
stranger. There should be legitimate
defending Jessica who was assaulted by Ayce.
relationship between you and the spouse.
Nobody knew that Ayce is the mortal enemy of
Ariel so it is a matter of proof. What is
Note: The concept of unlawful aggression and
important is that the person defending was not
reasonable necessity in SD is the same in DR.
motivated by hate, revenge, resentment or
other evil motives.
3. Even if the Relative Being
Defended Gives the Provocation, PAR 4 - STATE OF NECESSITY OR
it is Important that the Person AVOIDANCE OF GREATER INJURY / EVIL
Defending had no Part in the Requisites:
Provocation 1. That the evil sought to be avoided
actually exists;
Example 2. That the injury feared be greater than
Gerard (brother of Ayce) saw Ayce on the that done to avoid it;
ground about to be hit by the group of Chat. 3. That there be no other practical and
Gerard did not know that Ayce gave the less harmful means of preventing it.
provocation but it was Ayce who started it all.
Gerard thought that it was Ayce who was the G.R.: There is no but there is civil liability
victim. So what Gerard did, he assaulted the EXC: Paragraph 4. Meaning there is no crime,
group of Chat. Gerard was acting in defense of there is no civil liability.
a relative even if Ayce was the one who gave

Let Others be “Right” Most of the Time
Example 4. Any person who, while performing a
Faye was driving her Jaguar car in the zigzag lawful act with due care, causes an
road, head on collision with a bus. If she injury by mere accident without fault or
swerves her car to the left, she would hit a intention of causing it.
pedestrian. If she swerves her car to the right, 5. Any person who acts under the
she would fall and would die. This is avoidance compulsion of irresistible force.
Become More Patient
of greater injury, and naturally, greater injury 6. Any person who acts under the impulse
would be her life. So she swerved her car to of an uncontrollable fear of an equal or
the left. This is self-preservation. greater injury.
Faye is relieved of criminal liability because 7. Any person who fails to perform an act
she acted in avoidance of greater injury. required by law, when prevented by
Hence, she has to bear the civil liability for any some lawful or insuperable cause.
damages that she caused to the victim.
1. An Imbecile or Insane Person
OBEDIENCE TO AN ORDER ISSUED BY A Unless the Latter has Acted
SUPERIOR During a Lucid Interval
Rules:
Imbecility – the person has the mentality of a
1. It must be obedience to a lawful order
child 2 to 7 years old. It is not the chronological
of a superior. It is not a blind
age.
obedience. It must be proved that it is a
lawful order of superior.
Lucid – aware of what he is doing
2. If the accused complied with an
unlawful order under a mistake of fact,
Insanity – the act must have been performed
he has no liability. He will not be
by the accused in a state of total deprivation of
criminally responsible.
intelligence. Insanity would include
3. If he acted in compliance with an order
schizophrenia and epilepsy.
which is clearly and patently 7unlawful,
he cannot invoke the defense of acting
Example
in obedience to a lawful order.
Gerard does not know what he is doing at the
time he committed the crime because even if
Q. What if he acted in obedience to an
he has been declared insane but at the time he
unlawful order but he acted in obedience
committed the act, he was acting during lucid
because of an irresistible force or under a
interval that is not exempting. Because if he
compulsion of an uncontrollable fear?
did it under lucid interval (sane or aware of
A. He is not justified but he will be exempt
what he was doing) from his insanity (declared
under Art. 12.
or diagnosed insane) → not exempt.
ARTICLE 12 Note: Burden of proof is on the accused to
EXEMPTING CIRCUMSTANCES prove that he is exempt / insane
The following are exempt from criminal liability: 2. A person under nine years of
1. An imbecile or insane person unless age.
the latter has acted during a lucid 3. A person over nine years of age
interval. and under fifteen unless he has
2. A person under nine years of age.
3. A person over nine years of age and
acted with discernment, in which
under fifteen unless he has acted with case such minor shall be
discernment, in which case such minor proceeded against in accordance
shall be proceeded against in with the provisions of Article 80
accordance with the provisions of of this Code.
Article 80 of this Code.

Minority – under the RPC, if he is under 9 he Because we said that felony is an act or
is exempt. But by virtue of R.A. 9344 or The omission punishable by law committed not only
Juvenile Justice and Welfare Act of 2006 (Kiko by means of deceit (dolo) but also by means of
Pangilinan Law) → under 9 or over 9 but under fault (culpa)
15, exempt from criminal liability.
Concept of Accident as an Exempting
15 or under at the time of the commission of Circumstance
the offense shall be exempt from criminal Accident as an Exempting Circumstance →
liability but the child shall be subjected to an there is no criminal liability but in Accident
intervention program. (plain) → there is criminal liability under Article
365 of the RPC.
Q. What about above 15 but below 18 (16 to Note: To be exempt from criminal liability, the
Create “Patience Practice Periods”
17 years old)? offender must be performing a lawful act with
A. Exempt but the child shall be subjected to due care causing injury to another or damage
an intervention program in accordance with a to the property of another.
particular act unless he acted with discernment
(he knows what is right and wrong), in which Q. If Charles has a license to drive, he
case, he shall be subjected to the appropriate drives his vehicle and in the course of his
proceeding in accordance with law. driving, he hit another vehicle or run over
somebody, liable under Art. 365. But why he
The exemption from criminal liability under would liable? (He never wanted that to
R.A. 9344 shall not include exemption from happen.)
civil liability which shall be enforced in A. Because it is in the way that he performed
accordance with law. his lawful act. He has a license and he is
driving → he is performing a lawful act, but if
Before R.A. 9344 → Juveniles in Conflict with he caused injury because he performed the
the Law (A.M. by SC) – it is still consistent. It lawful act recklessly without due care, then he
provides that a minor under 9 at the time of the is criminally liable.
commission of the offense shall be exempt
from criminal liability. Over 9 under 15 at the It is only when you perform a lawful act with
time of the commission of the offense, he shall due care can you make use of accident as an
be committed to the care of his father or exempting circumstance.
mother or the nearest relative or family friend. Example
If however, the prosecution proved that he Licensed driver ka and you are driving in the
acted with discernment, he shall be subjected highway, ang bagal bagal mo na nga 20
to appropriate proceedings in accordance with km/hour, you are reckless? No.
law.
Saskia is driving inside the compound of San
Prevailing Rule → R.A. 9344 because it was Sebastian at 70-100 km/hour. She is licensed
promulgated 2006. to drive but she is driving in an area where
there are kids playing → that is reckless.
4. Any person who, while
performing a lawful act with due 5. Any person who acts under the
care, causes an injury by mere compulsion of irresistible force.
accident without fault or
intention of causing it 6. Any person who acts under the
impulse of an uncontrollable fear
*Relate this with criminal negligence. of an equal or greater injury.
Q. Why will I be penalized for something I Irresistible force & uncontrollable fear –
did not intend to do? they are connected because both have the
same concept.

Example
Rationale Joan gave birth in the forest so she was so
Q. Why is the offender exempt from weak and she has to leave her baby to seek
criminal liability if he commits a crime while for help. She was not able to come back
acting under the impulse of an irresistible because she was seriously ill, the baby died.
force (IF) or compulsion of an She was subsequently, sued for infanticide.
uncontrollable fear (UF)? Joan said she was exempt. Is Joan correct?
A. IF means actual physical force exerted on Yes. Because she was seriously ill at the time
the person of the offender. UF means you are (cause that cannot be overcomed) making her
being threatened but the force to be exerted on go back to her child.
the person of the accused or the threat or
intimidation that is employed on the accused
that could have prompted him to commit the
crime simply reduced him to a mere Liability in Exempting Circumstance
Be the First One to Act Loving or Reach Out
instrument. He has no choice but to do it. If there is an exempting circumstance, there is
a crime and therefore there is civil liability
IF → for it to be exempting, always remember because there is a source from which you get
did this physical force reduced him to simply the civil liability except paragraph 4 (accident)
being a tool or instrument? He has no choice and paragraph 7 (insuperable cause). This
but do it. means that if the exempting circumstance is
Example: paragraph 4 or paragraph 7, there is no
Bugbog sarado na sya… Pasasabugin mo ba criminal liability and no civil liability.
ito o hindi? Pak! Pak! Pak! Pasasabugin mo ba
yung building o hindi? Pak! Pak! Pak! O sige, ABSOLUTORY CAUSES
pasasabugin ko na… 
Absolutory – means the offender is relieved.
Note: Common denominator of UF / IF →
reduced to being a mere instrument Entrapment vs. Instigation
Note: It does not mean that he has no more Entrapment – the person is engaged in an
intelligence but it should be he has no more unlawful activity or the offender is actually
will power or choice. doing the crime only that he cannot be arrested
so ways and means are resorted to by the
UF police officers to catch him in the act or in
Example: flagrante delicto. A common form of
You kill this particular person otherwise I will entrapment is a buy bust operation.
kill your wife or child. He has no choice
because it would mean the death of his wife or Instigation – it is in the nature of inducement.
child. The offender or the one who committed the
crime did not even think of committing the
IF / UF → always remember for these to be crime only that he was instigated to commit the
exempting, he was reduced or the force to be crime and then when he committed the crime,
exerted in his person or the intimidation the police officers arrested him. The police
employed was simply reduced him to being an officer simply induced him to commit the crime,
instrument. He has no choice but do it. the offender never even thought of committing
the crime from the very beginning.
7. Any person who fails to
perform an act required by law, Q. What could be the absolutory cause as
when prevented by some lawful or between instigation and entrapment?
insuperable cause. A. Instigation because the offender is simply
induced or lead to commit the crime. It is not
Insuperable Cause – it is a cause that cannot entrapment because entrapment is valid the
be overcomed. police officers are simply catching the offender

in the act. The offender had been doing the act A. Incomplete Justifying
before. B. Incomplete Exempting
A & B – meaning not all the conditions are
ARTICLE 13 present. Majority of the conditions are present.
MITIGATING CIRCUMSTANCES G.R. For purposes of Incomplete Justifying and
Incomplete Exempting as a Privileged
The following are Mitigating Circumstances: Mitigating Circumstances, the majority of the
1. Incomplete justifying or exempting requisites should be present.
circumstances.
2. Minority / senility (Wala na kasi exempt na) Note: if there are 2 or more mitigating and
3. Praeter intentionem there is no aggravating, it is already a
4. Sufficient provocation or threat privileged MC, which means it will reduce the
5. Immediate vindication of a grave offense penalty by 1 degree.
6. Passion or obfuscation Note: In SD / DS / DR → unlawful aggression
7. Voluntary surrender shouldLower
always be present.
Your Tolerance Even if the majority
to Stress
8. Voluntary plea of guilt of the requisites are present for as long as the
9. Deaf and dumb, blind or other physical unlawful aggression is not present → no
defect. incomplete justifying.
10. Illness
11. Analogous circumstances 6. Passion or Obfuscation
Q. What is the effect of mitigating
Passion or obfuscation is an ordinary MC.
circumstance (MC)?
A. It is either to reduce the penalty by period or
Obfuscation – is confusion.
by degrees.
If you commit an offense under passion or
Kinds of Mitigating Circumstances obfuscation, it can be mitigating.
1. Ordinary MC – it serves to reduce the
Jurisprudence: for passion or obfuscation to
period of the penalty. be mitigating, it must have arisen from lawful
In cases of divisible, it serves to reduce the
sentiments.
penalty in its minimum. Example:
Note: We talk of the periods of the penalty if it
A man witnessed a woman taking a bath. He
is divisible because a period is one of the three was so aroused that after the woman took a
equal portions of divisible penalty. But it may
bath, when the woman came out, he raped the
have an effect with respect to indivisible not woman. The man admitted but he contended
single indivisible, if the penalty consists of 2
that he acted under passion.
indivisible penalties. Held: The Supreme Court said that the man
did not act under passion. He acted under lust.
We do not talk of periods in cases of indivisible Lust was never a lawful sentiment.
penalty.
Example Q. What if a girl acted because of jealousy?
Death penalty is indivisible. There is no death
A. Generally, jealousy is an unlawful sentiment
minimum, death maximum! but it will be mitigating if it has a legitimate
basis.
2. Privileged MC – it serves to reduce the
penalty by degrees. Reduces the penalty by 1
7. Voluntary Surrender and
or 2 degrees.
Example Confession of Guilt
1 penalty is 1 degree
R Temporal → Prision Mayor Voluntary Surrender
Requisites:
Kinds of Privilege MC: 1. The surrender must be voluntary
2. The surrender must be unconditional
3. It must be a surrender of oneself. Q. Murder under the original information at
the time of the pre-trial, you offered to plea
Discussion: There is no problem that in guilty to a lesser offense of homicide. Since
voluntary surrender, the offender you pleaded guilty and since you made a
acknowledges having committed the crime. confession of guilt in open court, will it be
The liability is mitigated because by voluntary considered as mitigating in your favor?
surrendering, the offender unconditionally A. No more. For it to be mitigating, it must be a
placed himself subject to the custody of the plea of guilt or confession of guilt only to the
authorities. The offender saved the offense as originally charged in the information
government from the time and expense in and that plea should be a plea of guilt to a
looking for him. The offender is given a lesser offense.
concession – his liability is mitigated.
9. Deaf and dumb, blind or other
physical defect.
Surrender must be Voluntary
Q. When is voluntary surrender mitigating? Physical defects
Ask Yourself the–Question,
you committed it when you
A. It must be made immediately after the are blind or deaf. a Year from Now?”
“Will This Matter
commission of the crime.
11. Analogous mitigating
Example circumstances
Paparating na ang mga pulis, the you said, “I
surrender”.
This is not mitigating because what prompted Analogous – means similar
you to surrender yourself is not because you
really wanted save the government from the Example
time and expense in looking for you but Extreme poverty – if you commit theft under
because palapit na sila. extreme poverty, it is analogous to state of
necessity. This is self-preservation, you have
Surrender of Oneself to live and eat.
Note: You do not surrender the instrument of
the crime but yourself If you voluntarily surrendered the stolen
property, the Supreme Court said that it would
Example be analogous to voluntary surrender in a
You killed somebody then pumunta ka sa prosecution for theft or robbery.
police station and you said “Ito sinu-surrender
ko na yung bolo, may dugo dugo pa, pinatay Note: There are only analogous mitigating
ko si Mr. X.” circumstances but there are no analogous
This is not mitigating because you simply aggravating circumstances.
surrendered the instrument of the crime and Example
not yourself. The judge considered rape as analogous to
ignominy or physical injuries as analogous to
cruelty.
8. Voluntary plea of guilt
SC said: by express provision of Article 13,
there are only analogous mitigating
Confession of Guilt (at the arraignment or
circumstances but no analogous aggravating
during the pre-trial) / Admission of Guilt
circumstances. (People vs. Regala, December
Discussion: If you offer to plea guilty to a
2000)
lesser offense and your offer to plea guilty to a
lesser offense is accepted by the public
prosecutor and by the private offended party, it ARTICLE 14
is valid and you will be allowed to plea guilty to AGGRAVATING CIRCUMSTANCES
a lesser offense.
Kinds of Aggravating Circumstances
1. Generic
2. Specific penalty with a maximum of the imposable
3. Inherent penalty for the new crime.
4. Qualifying
5. Special If a crime is committed by a syndicate –
syndicated estafa, syndicated illegal
1. Generic recruitment, membership in an organized
Applies to all kinds crimes syndicated crime group.
Examples
Recidivism, habituality The following are aggravating
circumstances:
2. Specific 1. Taking advantage of official position
They apply only to particular cases 2. In contempt of or insult to public
Examples authorities
Evident premeditation, treachery and cruelty, 3. Age, sex, rank, dwelling
they are aggravating circumstances but 4. Abuse of confidence / obvious
specifically applied to crimes against persons ungratefulness
3. Inherent 5. Committed in the palace of the chief
They are necessarily present in the crime but executive, etc.
they are not used in the definition of the crime. 6.Surrender
Nighttime,
to theuninhabited place,
Fact that Life Isn’t Fair band
They are part of the crime. 7. On the occasion and by means of
Examples calamity or misfortune
Abuse of authority / public office is inherent in 8. Committed with the aid of armed men
bribery. Fraud is an aggravating circumstance 9. Recidivism
inherent in estafa. Deceit is inherent in simple 10. Habituality
seduction. Unlawful entry in trespass to 11. Price, promise or reward
dwelling 12. Inundation, fire, poison, explosion,
stranding of a vessel etc.
4. Qualifying 13. Evident premeditation
It changes the nature of the crime 14. Craft, fraud or disguise
Examples 15. Abuse of superior strength
Abuse of superior strength, cruelty 16. Treachery
17. Ignominy
When killing is attended by qualifying 18. Unlawful Entry
aggravating circumstances, that killing will be 19. Breaking of wall, roof, floor, door or
qualified from homicide to murder. window
Simple theft can be qualified to qualified theft. 20. Aid of minor, use of motor vehicle
21. Causing other wrong not necessary for
Example of Qualifying Aggravating its commission
Circumstances – treachery, evident
premeditation, abuse of superior strength, 1. Taking advantage of official
cruelty. position
5. Special 2. In contempt of or insult to
They arise under special conditions in order to public authorities
increase the penalty but they cannot be offset
This is a generic aggravating circumstance.
by any mitigating circumstances.
Example
Public Authorities – do not include the agents
Quasi-recidivism (Article 160 RPC), if after
of persons in authority.
having been convicted of final judgment or
before serving sentence or while serving
sentence, the offender commits another (new)
3. Age, sex, rank, dwelling
crime and therefore he will be imposed a
Dwelling

Q. When is dwelling aggravating? 3. Committed anywhere in the presence of the
A. If the crime is committed in the dwelling of president
the offended party who has not given
provocation. Q. What if the crime was committed in the
Arlgeui Residence which is situated in the
Q. The mother was walking along the street Malacanan grounds?
where a house is situated where her A. It is not aggravating (unless in the presence
daughter is working as a household helper. of the president) because the term “palace”
The mother heard the daughter crying (the contemplates Malacaňan Palace only.
daughter was verbally and physically
abused). The mother entered the dwelling Note: The Arlegui Residence was built during
of the employer of the daughter and the time of President Corazon Aquino because
assaulted the employer. Is dwelling Pres. Aquino does not want to live in
aggravating? Malacaňan Palace so a house was built for her
A. No. Because the offended party here, who is inside the Malacaňan grounds.
the employer gave the provocation. Note that
the mother is still liable only that her liability will
not be aggravated.
Q. If the offender enters the dwelling of

Allow Yourself to be Bored
another person who has not given 6. Nighttime, uninhabited place,
provocation. Inside the dwelling he dragged band
the victim. Outside the dwelling, he
assaulted the victim. Can dwelling be Discussion: For these three aggravating
appreciated against him? circumstances to be appreciated against the
A. Yes. For as long as the violence or assault accused, the crime was committed in order to
started inside the dwelling. Against the facilitate the crime.
offended party who has not given the
provocation. Nighttime
It is not enough that the crime was simply
Q. What if from the outside, there is no committed at night time.
entry into the dwelling, but from the outside
“nibaril nya” yung private offended party Example
who was there inside. No provocation on You killed somebody now (nighttime) but there
the part of the private offended party. Is is no showing that you purposely waited for
dwelling aggravating? night time to facilitate the commission of the
A. Yes. The violence was committed there crime. It just simply happens that the crime
although from the outside and the victim gave was committed at nighttime. Nighttime in this
no provocation. case is not aggravating.
Note: Burden of proof → prosecution Nighttime will only be aggravating to increase

the criminal liability of the accused if it can be
4. Abuse of confidence / obvious shown that it was purposely sought for to
ungratefulness facilitate the commission of the crime.
5. Committed in the palace of the Q. Why?

chief executive, etc. A. Because pag night time mas mahirap ang
identification lalo na kung maitim sya 
Situations:
The Crime is Committed in an Uninhabited
1. Committed in the palace
Place
2. Committed in the palace in the presence of
Example
the president

You want to kill him in a far place, in a Q. How is it different from the aggravating
warehouse or bodega, wala syang means of circumstance of the crime being committed
escape or he cannot ask help from anybody. In with the aid of armed men?
this case, uninhabited place was purposely A. 1. With the aid of armed men – the armed
sought for the commission of the crime. men need not necessarily take part on the
commission of the crime. This aggravating
The burden of proof - is in the prosecution circumstance is appreciated only against the
that it is an uninhabited place. Na hinanap yan very person who committed the crime. So ang
or dinala sya don for the victim not to be able nag-direct participate ay yung taong nag-rely
to seek help from anybody. sa kanila.
If the crime is committed by a band – it will be
By a Band appreciated against all of them because they
This is not a rock band  are all principals by direct participation.
This is a criminal band. 2. With the aid of armed men – this
aggravating circumstance will only be taken
Q. When is a crime considered to have against the very person who committed the
been committed by a band? crime and the armed men who aided him will
A. If there are more than 3 armed male factors be considered as accomplices not conspirators
who committed the crime. because it was not mentioned what kind of aid.
As long as they are there, they are
Note: 4 male factors - 3 of them armed and 1 accomplices.
not armed → no band If the Once
crime is committed
a Week, by aLetter
Write a Heartfelt band – All must
have participated directly in the commission of
Note: There is another aggravating the crime so that will be appreciated against all
circumstance that speaks of armed men (No. 8 of them.
of Article 14).
If the crime is committed with the aid of armed 7. On the occasion and by means
men that is a different aggravating of calamity or misfortune
circumstance but if you notice whether
committed by a band or with the aid of armed Q. What is the purpose of committing the
men, the men in those circumstances are crime?
armed. A. You are taking advantage of the misfortune.
Q. What would make a band as an Example

aggravating circumstance? In the course of relief operations, nagnanakaw
A. 1. The (whole) band or all of them must be ka pa. Super criminal ka! 
armed.
2. At least 4 or more than 3 armed malefactors 8. Committed with the aid of
must have participated in the commission of armed men
the crime.
3. They must be principals by direct
participation in the commission of the crime.
9. Recidivism
Q. If 4 sila but only 3 directly participated in Forms of Repetition

the commission of the crime 1 participated 1. Recidivism
by virtue of inducement. Can you 2. Habituality or Reiteracion
appreciate band as an aggravating 3. Habitual Delinquency (Art. 62)
circumstance? 4. Quasi-recidivism (Art. 160)
A. No. because at least 4 armed malefactors
must have directly participated in the 1. Recidivism – if the offender after having
commission of the crime. All of them must be been previously convicted by final judgment is
principals by direct participation. now on trial for a new offense embraced in the
same title of the code.

Note: homicide to homicide → pwede kasi
Q. If he has been previously convicted of equal.
theft by final judgment and after which he
killed somebody. Is he a recidivist? Note: In habituality, we are talking about the
A. No. Because theft is a crime against penalty, if it is greater or equal than the new
property and the killing or homicide is a crime crime.
against persons. Both crimes must be
embraced in the same title of the code. Two or More Offenses to which the Law
Attaches a Lighter Penalty
Q. What if the person after having been Q. He has been previously punished for 2
previously convicted of homicide, kills counts of slight physical injuries. He now
another person. Is he a recidivist? stands trial for maltreatment. Is there
A. Not necessarily because he has not been habituality? Is he punished for 2 or more
previously convicted by final judgment. Note crimes to which the law attaches a lighter
that at the time of his trial for the new crime penalty?
which is embraced in the same title, he must A. Yes. Lighter than the new crime.
have been previously convicted by final
judgment to make him a recidivist. He has been previously punished for less
physical injuries (light offense) to which the
law attaches a lighter penalty. He is now on
trial, he commits slight physical injuries. Is
Q. When is judgment by conviction final? there habituality?
A. After the expiration of the 15-day period A. None. Light yan eh!
reckoned from notice of promulgation of Imagine Yourself at Your Own Funeral
judgment without any appeal taken from the Note: Lagyan nyo lagi ng “than”. Equal or
judgment. greater than what? Than the new penalty for
the new offense. Lighter than the penalty for
10. Habituality the new offense.
2. Habituality or Reiteracion – the offender 3. Habitual Delinquency (Art. 62) – if within a

has been previously punished for an offense to period of 10 years reckoned from the date of
which the law attaches an equal or greater his last release or last conviction of the crimes
penalty than the penalty for the new crime or of:
he has been previously punished for 2 or more a. Serious physical injuries
crimes to which the law attaches a lighter b. Less serious physical injuries
penalty. c. Robbery
d. Theft
Punished for an Offense to which the Law e. Estafa
Attaches an Equal or Greater Penalty f. Falsification
Q. Serious physical injuries – it turns out he is found guilty of any of said crimes a third
that before he committed serious physical time or oftener.
injuries, records show that he has been
previously punished or he has served Note: “Any of the said Crimes”
sentence for homicide. Is there habituality?
A. Yes. Because what he committed is equal or Example
greater than homicide. He has been convicted of robbery, convicted
for 10 years. He has been found guilty of
Note: pag baliktad hindi pwede. serious physical injuries. He is a habitual
Example delinquent.
He commits homicide now and he has been
previously punished of physical injuries. The 3rd time or Oftener – 3rd, 4th, 5th, 6th
Q. Why is this aggravating?

A. (In a way this is a special aggravating victim reside? What time does he go back to
circumstance). Because under Art. 62, if it is the house? Then he buys the instrument for
committed for the third time or any of the six killing → these are acts manifestly indicating
crimes → this is penalty for the new crime his clung or determination to commit the crime.
“plus” “plus”. The penalty will be increased or
added. Evident Premeditation – meaning that there
is sufficient lapse of time. Note that evident
4. Quasi-recidivism (Art. 160) – after having premeditation is not presumed.
been previously convicted by final judgment or
before serving sentence or while serving Premeditation – there is “cool” reflection.
sentence, he commits a new crime. Example
Isip?! Isip?! Itutuloy ko ba?
Example
Hindi pa sya nakaka-serve or he has not If you kill somebody, you will be liable but your
finished serving his sentence by final penalty will be increased. You could have
judgment, nag commit na naman sya ng new desisted from doing it but the fact that you
crime, there is quasi-recidivism. deliberated on it and you have sufficient time
to reflect on it – Evident premeditation is very
Note: Please remember pareho lang sila ng obvious. May criminal perversity ka because
apelido ng recidivism but they are totally you sought / thought to do it you planned to do
different. it
Recidivism vs. Quasi-recidivism

Recidivism – the second crime must have
been embraced in the same title of the code as Q. If the offender says “I plan and I have
Repeat to Yourself, “Life Isn’t an Emergency”
the previous crime of which he was convicted decided to kill the first person I meet on the
by final judgment. street”. He gets an instrument of the crime.
Quasi-recidivism – there is no such He goes out of his house and sees
requirement somebody who is walking and kills that
somebody. Can evident premeditation be
11. Price, promise or reward appreciated?
A. Yes. The 3 elements are present.
12. Inundation, fire, poison,
explosion, stranding of a vessel Q. What if he says “I plan to kill Mr. X”. I
made the necessary preparations. I have
etc. decided to kill Mr. X. I purchased the
necessary instrument jungle bolo to kill Mr.
13. Evident Premeditation X. I conducted the necessary moves with
Requisites: which to execute my plan to kill Mr. X. On
1. Time – when the offender has decided the day when I am supposed to kill Mr. X, I
to commit the crime. saw somebody and I killed that somebody.
2. Act – manifestly indicating that he has It turned out that somebody is not Mr. X but
clung to his determination to commit Mr. Y. Will I be liable for the death of Mr. Y?
the crime. A. Yes. But evident premeditation will not be
3. Sufficient lapse of time – from the time appreciated against me if I killed another
he decided to commit the crime up to person because my plan was to kill X. I killed
the time he actually executed his clung Mr. Y so with respect to the killing there is no
to commit the crime. evident premeditation.
Example 14. Craft, fraud or disguise

He decided to kill somebody after his decision Craft – cunning presentation
to kill somebody he makes preparation – he
conducted a survey – where does his intended Fraud – misrepresentation
1. Mode of attack must have been
Disguise – Intended to make identification consciously adopted by the accused.
more difficult. 2. To make sure that at the time of the
Example attack, the victim is defenseless.
You put a mask to commit a crime
Mode of Attack
Q. What is the purpose for resorting to The mode of attack must have been
this? Why is it aggravating? consciously adopted by the accused meaning
A. It would show a greater criminal perversity that the mode of attack must have been
on the part of the offender. When an offender deliberately chosen by the accused. It is not an
resorted to craft or fraud or disguise to deceive impulsive attack. It is not simply an impulsive
the victim and he was able to accomplish the reaction of the accused to any provocation on
plan → criminal perversity. the part of the victim.
15. Abuse of superior strength Q. It must have been consciously adopted

It means greater strength. It is a notorious by the accused or deliberately chosen by
inequality of forces between the victim and the the accused, for what purpose?
aggressor. It does not refer to numerical A. To ensure the accomplishment of his
superiority. purpose (without risking self), arising from any
defense that the victim might put up and to
Example make sure that at the time of the attack, the
3 offenders and 1 victim – it does not victim was defenseless.
necessarily mean that there is abuse of For as long as it was shown that the victim was
superior strength defenseless at the time of the attack –
treachery is there.
1 on 1 – your victim is parang hindi kumain ng
10 araw, victim mo lelembot lembot. Ikaw Q. What if X with
Experiment andYour
Y Back
quarreled.
Burner After their
incedible hulk – you abuse your superior fight, X attacked Y from behind. Is there
strength. There is abuse of superior strength. treachery? (People vs. Samson)
The offender took advantage of his greater A. No. The SC said that the fact that they
strength. quarreled, it must have put the victim Y on
guard that something is going to be done after
16. Treachery the fight.
Treachery applies only to crimes against
persons. Note: Even if the victim was attacked in front
but the attack was sudden and that at the time
Note: There is a deviation. A case decided by of the attack, the victim had no weapon
SC (People vs. Escote, 2003). In this case (defenseless) → treachery
treachery was considered in a case of robbery
with homicide (eh di ba ang robbery with 17. Ignominy
homicide is a special complex crime?) What is
the main crime in this case? Di ba robbery? Ignominy vs. Cruelty
Robbery with homicide is a crime against Ignominy – you committed the crime but in the
property and yet in this case treachery was commission of the crime you still do something
considered only to increase the penalty for to add to the moral suffering of the victim.
homicide. How can they increase? Eh special
complex crime nga yan eh. 1 penalty lang Note: Generally, ignominy is not applied to
binibigay dyan eh. This case is a deviation. crimes against chastity.
For Purposes of Determining Whether there Cruelty – You commit a crime and you still do
is Treachery – Remember 2 things – these something else in addition to the crime that
must Concur: would add to the physical suffering of the
victim.
Differentiate if the offense was committed with
Example the use of a motor vehicle → it is aggravating
Case of grave coercion – an old woman was but if the offense was committed inside a motor
asked to show her underwear. That act adds to vehicle → not aggravating.
the moral suffering of the old woman.
Crime was Committed Under 15 Years of
People vs. Yao (March 2000) – when you Age
committed rape in dog style position. This is Mahirap na kasi di ba lahat ng 15 exempt?
ignominy. But note that rape is a crime against
person. It is hard to prosecute kasi sino nagsabi sa
kanila na gawin nila?
Note: In cruelty, at the time you do other acts,
the victim must have been alive kasi nga it 21. Causing other wrong not
adds to the physical suffering of the victim. The necessary for its commission
manner is to augment the victim’s physical
sufferings. ARTICLE 15
New SC Decision: The number of wounds ALTERNATIVE CIRCUMSTANCES
sustained by the victim is not determinative of
existence of cruelty in the commission of the Alternative (“either” “or”) – meaning that it
crime. It must be proved that those wounds may either be mitigating or aggravating or even
were inflicted in a manner that would add to empting.
the physical suffering of the victim.
1. Relationship
People vs. Salvador (1987) – victim sustained 2. Intoxication
56 stabbed wounds. The offender was 3. Degree of Instruction or Education of
convicted of murder. Is there cruelty? the Offender
Held: No cruelty. It must be shown by the
prosecution that those wounds were inflicted to Q. Spend
Why a Moment
1, 2, 3 Thinking
Every Day are ofalternative
Someone to Thank
augment the victim’s physical sufferings. circumstances?

Homicide not murder. A. Meaning that relationship could either be
aggravating or mitigating, intoxication could
Example either be aggravating or mitigating, degree of
If the wounds were inflicted successively and instruction could either be aggravating or
the victim is still alive, usually, if it is mitigating. It would depend on the
successive, hindi mo na nararamdaman. It circumstances that would be established.
must be proved that such wounds were
inflicted to augment the physical sufferings of 1. Relationship
the victim. There must be circumstantial Generally, mitigating in crimes against property
evidence to show that – tsak! Aray! Tsak! Aray! although relationship may be exempting in
Tsak! Ang sakit! theft, estafa or swindling, malicious mischief, if
the crime is committed mutually by the
18. Unlawful Entry relatives.
Relatives – mutually committed between:

19. Breaking of wall, roof, floor, 1. Spouses – the husband and the wife,
door or window ascendants, descendants, relatives by affinity
in the same line
20. Aid of minor, use of motor Example
vehicle Darling nasan na yung alahas ko? Di ka na
man nag aalahas ha. Binigay mo siguro sa
Use of Motor Vehicle babae mo. (Nagnakawan sila)
2. The widowed spouse

3. Brothers and sisters and brothers-in-law and PRINCIPALS
sisters-in-law, if living together. (Art. 332)
Principals:
Other Rules: 1. Principals by direct participation –
1. Relationship is aggravating if the victim material perpetrator of the crime. The
is a relative of a higher or equal degree one who actually committed the crime.
than the accused. 2. Principals by inducement – offering
2. Relationship is neither mitigating nor promises to another to commit the
aggravating if relationship is an crime. The inducement must be the
ingredient of the crime. determining factor for the commission
Example – parricide of the crime.
3. Principals by indispensable
2. Intoxication cooperation – without him or without
Intoxication of the offender is mitigating - if the his cooperation, the crime would not
offender has committed a felony in a state of have been committed. (relate this to
intoxication, if the same is not habitual or accomplice)
subsequent to the plan to commit a felony.
1, 2, 3 – for these principals to be liable, there
If intoxication is habitual (G.S.M. Blue - must be evidence of conspiracy. Why?
morning, noon and night) or intentional – it is Because the act of 1 is the act of all. Even if
aggravating but it must be subsequent to the you induced him and he was not induced, he is
plan to commit the crime. not liable.
Q. Why is it aggravating? If no evidence of conspiracy – only the one

A. If it is subsequent to the plan or after your who materially perpetrated the crime is liable.
plan to commit the crime, uminom ka in order
for you to commit the crime → this is Principals by indispensable cooperation vs.
aggravating. But if intoxication is subsequent to Accomplice
Smile at Strangers, Look into Their Eyes and Say Hello
the commission of the crime → this is not Both cooperates only that in principals by
aggravating because you already committed indispensable cooperation the crime could not
the crime. Your purpose for drinking is that you have been accomplishes without him or
are “celebrating”  without his cooperation.
3. Degree of Instruction or
Education of the Offender Example
Generally, it is mitigating if the offender has a He was the only 1 who owns a banca that
low degree of instruction or education but could bring the offender to a very remote
definitely not mitigating or aggravating in island. The crime could not have been
crimes against property or crimes against accomplished without him.
chastity, even in treason. Why? Because no
need to be a lawyer to commit rape or robbery ARTICLE 18
or theft.
ACCOMPLICES
ARTICLE 16 Accomplice – cooperates but even without his

WHO ARE CRIMINALLY LIABLE? cooperation, the crime could still have been
committed. The cooperation of the accomplice
Persons criminally liable is merely necessary to facilitate the
1. Principals commission of the crime.
2. Accomplices
3. Accessories Rule: If there is a doubt with respect to the
liability of a person who gives cooperation,
ARTICLE 17 whether he is a principal by indispensable

cooperation or accomplice, doubt should be Q. What if the principal is unknown or his
resolved in favor of the accused being whereabouts is unknown or the principal is
considered as an accomplice. Use this at large or the principal is being tried
principle only when there is doubt. Analyze if separately, can there be a conviction of an
his cooperation is necessary. accessory?
A. Yes. For as long as the act of the
ARTICLE 19 commission of the crime had been established.
ACCESSORIES For as long as corpus delicti have been
established.
Accessories – takes part subsequent to the
Corpus delicti – means the fact of the
commission of the crime. He is an accessory
commission of the crime.
after the fact of the commission of the crime.
Note: PD 1612 – Anti Fencing Law. ARTICLE 20

Yung fence takes part subsequent to the ACCESSORIES WHO ARE EXEMPT
commission of robbery or theft. This person will FROM CRIMINAL LIABILITY
be charged as a fence under PD 1612 or if he
takes part subsequent to the commission of Accessories under Art. 20 who are exempt
robbery or theft. from criminal liability → exempt with respect
Example to their spouses, ascendants, descendants,
Sold articles – if he profits. legitimate, natural, adopted brothers and
If the offender takes part subsequent to the sisters or relatives by affinity within the same
commission of any other crime other than degree except if they are accessories who
robbery or theft. He will be charged as an profited by the effects of the crime or who
accessory under the RPC. assisted the offender to profit by the effects of
the crime.
Importance Set Aside Quiet Time, Everyday
This is important because if you take part Meaning: They are exempt with respect to 2
subsequent to the commission of robbery or and 3 (of Article 19) from criminal liability.
theft, you are a fence, you are charged under
special law → the penalty is higher.
But if you take part subsequent to the ARTICLE 21
commission of any other crime other than theft NO FELONY SHALL BE PUNISHABLE
or robbery, you will be charged as an BY ANY PENALTY NOT PRESCRIBED
accessory under RPC → entitled to a penalty BY LAW PRIOR TO ITS COMMISSION
of 2 degrees lower.
Accomplice – 1 degree lower than the penalty Even if the act appears to be illegal or immoral
of the principal if there is no law punishing it, the same cannot
be penalize if its not even defined or
Accessory – 2 degrees lower but that would constitutive of a crime and there is no penalty
apply to accessories under the law and not provided by the law, hence cannot be penalize.
those of taking part subsequent to the
commission of theft or robbery. ARTICLE 22
EXCEPTION – WHEN THE LAW SHALL
Q. Can there be conviction of an BE GIVEN RETROACTIVE
accomplice or accessory even without
prosecution or conviction of the principal? APPLICATION
A. Yes. If let us say that principal is acquitted
because he is exempt from criminal liability. ARTICLE 23
The importance is you have established the PARDON BY THE OFFENDED
fact of the commission of the crime. PARDON

Reclusion Temporal we would rely on Art.
1. By the Chief Executive (Art. 36) 71, which is Prision Mayor.
a. extinguishes criminal liability
(absolute pardon) We only have scales of penalties under the
b. does not extinguish civil liability Revised Penal Code and none under Special
because the president cannot Law, therefore as far as modifying
give away anything which does circumstance are concerned, they are not to be
not belong to him/her considered in criminal actions involving
2. By the Offended party violation of special law due absence of scale of
a. Does not extinguish criminal penalties. As for violations of RPC the
liability because the offended modifying circumstances should be considered
party is simply a witness in a since there is scale of penalties provided for in
criminal case. the same.
b. Extinguishes civil liability if the
offended party waives the claim DURATION OF PENALTIES
to such civil liability.
Reclusion Perpetua :
20 years and 1 day – 40 years
ARTICLE 24
MEASURES OF PREVENTION NOT Reclusion Temporal :
CONSIDERED AS PENALTY 12 years and 1 day – 20 years
Prision Mayor
and Temporary Disqualification :
6 years and 1 day – 12 years
ARTICLES 25 - 113 Prision Correccional, Suspension and
Imaging the People in Your Life as Tiny Infants and as
PENALTIES Destierro:
100-year old Adults
INDETERMINATE SENTENCE LAW 6 months and 1 day – 6 years
PROBATION
Arresto Mayor:
_________________________________________ 1 month and 1 day – 6 months
SCALES OF PENALTIES under RPC (3) Arresto Menor:

1 day – 30 days
1. Art 25
Penalties which may be impose (Principal and Bond to keep the peace:
Accessory Penalities) Such period of time as the court may
determine.
2. Art 70
Successive Service of Sentence (Penalties Reclusion Perpetua
According to their Severity) Reclusion Perpetua (RP) has been given a
duration (20 years and 1 day – 40 years), by
3. Art 71 virtue of RA 7695 (Heinous Crime Law), upon
Graduated Scales of Penalties its promulgation there has been a confusion.
 It is in this article where we would see Everyone knows that RP is a indivisible
the penalty next higher or lower in penalty, hence no period. It is only in divisible
degree. penalty where we consider period, which
Example consist of (3 periods, minimum; medium;
If in the problem there exist a privilege maximum), in other words one period of a
mitigating circumstance and the imposable divisible penalty is one of 3 equal portions of
penalty is Reclusion Temporal it will be periods.
lowered to one (1) degree and to find out
what is one (1) degree lower that
Nonetheless, RP remains to be an indivisible
penalty, as enunciated by the Supreme Court
(SC) in the case of Pp. v Lucas; the duration of Preventive Subsidiary
RP was only for the purpose of determining the Imprisonment Imprisonment
number of years when may a person be
incarcerated or imprisoned. 1. There is yet no 1. Only after
judgment or the judgment has been
accused is rendered
Reclusion Perpetua Life Imprisonment charged with a non-
1. A penalty under the 1. Under the Special bailable offense or
RPC Law even if bailable, has
no property or fund
2. as to duration: 20 2. Indefinite with which to post
years and 1 day – 40 bail, who is being
years detained during trial.
3. Has an accessory 3. None
penalty 2. This is not a 2. This is a principal
penalty. If convicted penalty, if convict is
he will given a credit sentence to pay fine,
for the period that he but there is no fund to
was detained. enable him to pay, he
may be
imprisoned. Being a
principal penalty must
be expressly imposed
in the decision.
Article 25 – Classification of Penalties Example
Seek First to Understand
If in the judgment it is
stated that “he is
Principal Penalty Accessory Penalty hereby imposed to
pay a fine of P10K
1. Prescribe by the 1. Perpetual or with subsidiary
RPC for the offense temporary absolute or imprisonment in case
charge or special of insolvency”
e.g. treason (RP – disqualification, (expressly imposed)
death), espionage forfeiture,
(Pri. Cor) confiscation, civil Example
interdiction. If it is stated only “he
is hereby imposed to
2. Has to be expressly 2. Need not be pay a fine of P10K” →
impose in the express since it is no express
judgment deemed impose in declaration as to
every judgment. subsidiary
e.g. “is hereby imprisonment, hence,
sentence to suffer the he cannot be made to
RP with all the undergo subsidiary
accessory penalties imprisonment since it
pertinent thereto is not stated in the
pursuant to the RPC” judgment
 Confiscation and Forfeiture of

Proceeds of a crime: an accessory

penalty hence need not be expressly and so several persons were killed. SC in this
imposed in the judgment. case held that the single act of producing the
trigger and producing several deaths is a
COMPLEX CRIME compound crime. In this case there were
1. Regular (Article 48) several accused holding a machine gun, and
a. Compound Crime – one act producing 2 or all of them fired at the same time and it cannot
more grace or less grave felonies (Concurso be determine, from whose gun the bullets
Ideal) came from. In this case it was considered a
Example compound complex crime.
throwing of hand grenade (Pp. v. Hernandez),
the single act of throwing the grenade, killing Pp. v. Tabaco (1992)
several and seriously wounding others `Involves gunfire from a rifle, which resulted to
(multiple homicide, multiple physical injuries) 4 killings. It cannot be considered as
compound complex crime even a single act of
As distinguished from Continuing, pulling the trigger, it is not the act of pulling the
Continued, Continuous Crime – there is a trigger and producing several deaths because
single crime consisting of series of crime, all that is the determining factor but the number of
arising from one criminal resolution, committed bullets which are actually fired and produces
at or about the same time and place. several death that would be determinative
(Concurso Real). In our jurisdiction, this whether it is complex or not. Each person hit
concept is no longer adopted. What is being by different bullets is a victim of separate
used instead is the concept of Transitory homicide or murder. In this there is only one
Crimes, which usually contemplates accused, so he has been identified as the
prosecution, and where several elements or a person who killed several persons from whose
crime occurred in different places for purposes gun the bullets were fire. In Pp. v. Lawas it
of venue. cannot be determined from whose gun the
bullets came so what the SC held is that the
b. Complex Crime Proper – one crime is a crime involves a compound crime.
necessary means to commit the other crime. Become a Better Listener
Example Q. What if one of the components of a
Estafa thru falsification of public document; complex crime has not been proved? What
forcible abduction with rape is the effect? Can the accused nevertheless
be held liable of the other crime?
2. Special - arising in the course of, by reason A. Yes, provided that the other crime is proven
of, on occasion of: (the law specifically beyond reasonable doubt and the other crime
provides what penalty is to be imposed). E.g. not proven he shall be deemed acquitted.
in the course of, by reason of, on occasion of
robbery someone is killed “Robbery with Q. What if both crimes were proved? What
homicide”; in the course of, by reason of, on is the penalty?
occasion of robbery someone is rape “ A. The penalty for the most serious offense
Robbery with rape” shall be imposed in its maximum period. There
lies the difference between a regular and
Compound Crime special complex crime for in the latter, the law
Q. What if one act produces 2 or more specifically provides a penalty for that special
grave, less grave and light felonies, will complex crime. While in the former, the penalty
there be a compound crime? for the most serious crime in its maximum
A. Yes, with respect to the grave and the less period shall be imposed.
grave and the light felony would be segregated
which cannot be complex. Divisible Penalty – it is composed of 3
periods, 1 period of a divisible penalty is one of
People vs. Lawas (1960) the 3 equal portions of a divisible penalty
Involves a single act of pulling the trigger of an (Period: Minimum, Meduium, Maximum). A
machine gun which produces several bullets period is different from a degree.
consummated felony). The reckoning point is
 A period is one of the 3 equal portions of a penalty prescribe by law for the principal in the
divisible penalty, a PENALTY is 1 DEGREE. consummated stage, which is the penalty
However if one penalty consist of a period; For prescribe by the code for the offense charge
example the penalty is PRISION MAYOR
MAXIMUM as illustrated below: The penalty for the accomplice in the
consummated stage of the felony is 1 degree
lower than that prescribe by the code for the
Prision Maximum 1 period 2 periods offense charged.
Mayor Medium
Minimum Example
The penalty prescribe by the code for the
Q. If 1 penalty is 1 degree, what is the offense charge is Reclusion Temporal (for
penalty next lower in degree? the principal in the consummated stage)
A. Prision Mayor Medium
Accomplice-Consummated (Prision Mayor)
If penalty consist of 2 periods, then the penalty – 1 degree lower than the penalty prescribe by
next lower in degree would be that 2 periods for the principal in the consummated stage
lower as well. For instance, the penalty
prescribe by the law for the offense charged is Accessory- Consummated (Prision
PM medium and maximum, that is one Correcional) – 2 degrees lower than that
penalty, one degree lower consist of 2 prescribe by for the principal in the
periods, then 2 periods down so the penalty consummated stage
next lower in degree of PM medium and
maximum, would be PRISION
CORRECIONAL MAXIMUM AND PRISION Principal
ChooseFrustrated – 1 degree lower than
Your Battles Wisely
MAYOR MINIMUM. the penalty prescribe by law for the principal in
the consummated stage
If the penalty consist of the whole extent of
PRISION MAYOR, one degree lower Accomplice Frustrated – 2 degrees lower
consist of 3 periods is PRISION than the penalty prescribe by law for the
CORRECIONAL. principal in the consummated stage
Penalty for the Principal (P), Accessory (*A) Accessory Frustrated – 3 degrees lower than
and Accomplices (A) the penalty prescribe by law for the principal in
The numbers represent the degrees the consummated stage
Consummated Frustrated Attempted Principal Attempted - 2 degrees lower than

P 0 1 2 the penalty prescribe by law for the principal in
A 1 2 3 the consummated stage
*A 2 3 X
Accomplice Attempted - 3 degrees lower
than the penalty prescribe by law for the
The basis in determining the imposable principal in the consummated stage
penalty would always be the penalty prescribe
by the code for the offense charge. That Rules for the Applicable of Indivisible
penalty is always imposed on the principal; the Penalties (Article 63)
penalty for the principal in the consummated
stage of the felony is the penalty prescribe by The ff are Indivisible Penalties (where there
the code for the offense charge, represented in are no Periods)
the table as 0. (Whenever the law prescribes 1. Death
a penalty for a felony, in general terms it 2. Reclusion Perpetua
shall be understood as applicable to the

1st Paragraph: in all cases where the law Successive Service of Sentences
prescribes a single indivisible penalty, it shall (Article 70)
be impose regardless of any mitigating or
aggravating circumstance that may have 1st Paragraph: When the offender has to serve
attended the commission of the deed. 2 or more penalties he shall serce them
simultaneously if the nature of the penalties will
Example so permit.
If the court says, the penalty for this offense is
RP (single indivisible); impose the same Example
irrespective of any mit / agg circumstance Q. If has to serve 10 yrs, 3 years, 2, years
except: if it is a privilege mitigation which and fine of 10,000, can this be serve
operates to, lower the same to one degree. simultaneously?
A. Yes, with respect to fine pay them then
The law itself did not qualify, but in imprisonment.
jurisprudence, it held that in cases where the
law prescribes a single indivisible penalty, it Example
shall be applied by the courts regardless of Q. If has to serve 10 yrs, 5 years, 3 years, 2
agg/mit cir. except: if it is a privilege mitigation years of imprisonment, Can he serve them
(incomplete justifying exempting) which successively?
operates to, lower the same to one degree. A. No. It has to be served successively.
In this case, RP lower by one degree is RT.
If on the other hand the law says the penalty

for this offense is RP and there is in
attendance voluntary surrender, still is RP Become Aware of Your Moods and Don’t Allow Yourself
because voluntary surrender is only Mitigating. to be Fooled by the Low Ones
2nd Paragraph: in all cases in which the law

prescribes a penalty compose of 2 indivisible
penalties the following rule shall be observed
Example
If one penalty consist of two indivisible
penalties RP TO DEATH, now consider the
following circumstance:
1M  0A = impose the lesser penalty

0M + 1A = impose the greater penalty
0M + 0A = impose the lesser penalty
Maximum
Rules for the Applicable of Divisible Penalties (Article 62)
Divisible Penalty (Where it contain periods) Example RT Medium
Minimum
1M  0A = minimum
0M + 1A = maximum
0M + 0A = medium

If it cannot be served simultaneously, serve it in
accordance with order of their severity in the This law does not apply to:
following: a. indivisible penalties of Death, Life
 Death Imprisonment, Reclusion Perpetua
 Reclusion Perpetua (pursuant to Article 63 parg. 1) that
 Reclusion Temporal when the penalty impose is single
 Prision Mayor and indivisible, the same shall be
 Prision Correccional imposed without regard to any of
 Arrestom Menor modifying circumstance
b. Prison terms: of not more than 1
 Destierro
year.
 Perpetual Absolute
c. Crimes of: Treason, Proposal or
Disqualification
Conspiracy to Commit Treason,
 Temporary Absolute Misprision of Treason, Rebellion,
Disqualification Espionage, Sedition, Piracy.
 Suspension from Public d. Offenders who are: Habitual
Office, the right to vote and delinquents, escapees from
be voted for, the right to confinement, evaders of sentence
follow a profession or calling violators of conditional pardon
 Public Censure granted by the Chief Executive.
e. Non-prision sentences of:
Note: Notwithstanding the following rule, the destierro, disqualification etc.
maximum duration of the convict’s sentences
shall not be more than “three-fold” , the length Note: it happen it the Bar, where the
of time corresponding to the most sever of the examinees are asked to compute the
penalties impose upon him. imposable
Life is a indeterminate penalty, they went
Test. It is Only a Test
Requirements: through the motions of computing. when in fact
1. The convict has serves at least 4 the offender involve is disqualified.
sentences/penalties
2. The total sentences exceed the most sever Application
times 3 but in no case exceeds 40 years
Example  Always remember that the
10 yrs, 20 yrs, 6 yrs, 10 yrs = 46 ; the most indeterminate penalty always
sever is 20 x 3 = 60 (3-fold length of time) consist of 2 penalties, the maximum
In this case, the three-fold service of sentence and the minimum. For purposes of
rule does not apply because the total sentence indeterminate penalty this are not
is 46 and it does not exceed 60. But in no considered as periods of a divisible
case it should still exceed 40 yrs in the case penalties, but are considered penalties
in itself.
In case where it would be the other way
around, where the three fold length of time is  The indeterminate sentence law applies
46 and the total sentence is 60 yrs, then adopt to both crimes penalized by the RPC
the three fold length of time which is 46, but and other special law, but only that
still in no case it would exceed 40 yrs, so in the application would differ, but both
this case, the year of imprisonment is still 40. always consist of 2 penalties still.
INDETERMINATE SENTENCE LAW
 the application of ISL is mandatory
provided that the offender does not fall
Purpose: redeem valuable human material,
to any of those disqualified under the
the offender is given another chance, in case
ISL
where he had served the minimum of the
indeterminate penalty he would be eligible of
 How to get the Minimum and
parole.
Maximum.
Example in this case 1 degree lower is Prision Mayor (6
In the bar where a question gives a yrs and 1 day to 12 yrs).
penalty (which is considered the  So the minimum is anywhere within the
reckoning point: the penalties prescribe range of the penalty next lower in
by the code for the offense charge is degree that that prescribe the code in
the reckoning period) the offense charge. (within: 6yrs and 1
day to 12 yrs “as minimum”)
 Application in Special law: Take
note that: Special law has no scale of To get the maximum: is determined by
penalties, so one does not consider the considering the presence of modifying
modifying circumstances, since it circumstances applying Rule 64. Remember
provides its own penalty for the that Privilege Mitigating Circumstance must be
violation of such law. first considered before applying the said rules.
The basis is still the penalty prescribe by the
Ex: 2 years to 10 years imprisonment code for the offense charge which here is RT.
(as given in the problem). Determine
now the imposable indeterminate 1M  0A = minimum
penalty. The rules said that if its an 0M + 1A = maximum
offense penalize under the special law, 0M + 0A = medium
the minimum of the indeterminate
penalty should not be below the  So for instance if there is 1M,0A
minimum provided in the law and the the indeterminate penalty would
maximum should not be beyond the be:
maximum provided in the law Praise and Blame are all the Same
o “the convict is hereby
sentence to suffer the
o So the penalty that may be indeterminate penalty of,
imposed is: “he is hereby anywhere within the
sentence to suffer the range of PM as
indeterminate penalty of 2 years minimum to RT
as minimum to 8 years as minimum as maximum
maximum. (6 yrs. And 1 day as
minimum to RT
o What is indicative that the minimum as maximum)
penalty given is indeterminate?
The phrase: “as minimum” “as Another Example
maximum” The penalty prescribe by the code for the
offense charge is Prision Mayor
 Application if RPC: Take note that:
Even if a crime is penalized under the Minimum: (1 degree agad) = Prision
RPC one cannot deviated from the rule Correccional – 6 mon. and 1 day to 6 yrs.
that indeterminate penalty always
consist of 2 penalties (minimum and Maximum: (0M + 0A) = Prision Mayor
maximum) medium
Example Indeterminate Penalty: is anywhere within the

If the penalty prescribe by the code for the range of PC as minimum to PM medium as
offense charge is RT (always the reckoning maximum
point as given in the exam). Apply now the
ISL, or determine the imposable indeterminate Q. What if in the problem there is an
penalty. attendance of Privilege Mitigating
Circumstance?
To get the minimum: it is fixed at 1 degree A. Lower the penalty impose to 1 degree at the
lower that the maximum penalty impose of RT beginning before applying the same rule.
 Death sentence shall be suspended
Example when:
The penalty imposed is RT, with attendance of o Woman while pregnant
privilege mitigating circumstance, determine o Woman within 1 year from
the indeterminate penalty. delivery
 Immediately lower to 1 degree, which is o Person over 70 yrs of age
PM (now would be the reckoning point) o Convict who becomes insane,
after final sentence of death has
Minimum: (1 degree agad) = Prision been pronounced.
Correccional – 6 mon. and 1 day to 6 yrs.
Total Extinction of Criminal Liability
Maximum: (0M + 1A) = Prision Mayor D - death of convict that occurred before final
maximum judgment Only as to his personal liability
A - absolute Pardon of Chief Executive
Indeterminate Penalty: is anywhere within the S - service of sentence\
range of PC as minimum to PM maximum P - prescription of offense
as maximum. A - amnesty (extinguishes the penalty and all
its effects)
Execution of Penalty: M - marriage of the offended woman with the
 No penalty shall be executed except by offender in the crimes of rape, seduction,
virtue of Final Judgment. The judgment abduction, and
must have attained finality before I may be acts of lasciviousness that must be contracted
executed. in good faithRandom Acts of Kindness
Practice
P - prescription of penalty
Q. When does a judgment attain its finality:
A. Effect of death of the Accused pending
 If one failed to file notice of appeal appeal of his Conviction
within the reglementary period of 15  The death of the accused
days, reckoned from promulgation or pending the appeal of his conviction
notice of judgment. will extinguish his criminal liability
 there is waiver of right to appeal, as well as his civil liability arising
 total or partial service of sentence from the crime committed.
 filing application for probation  However, civil liability arising
from sources other than the crime
Suspension of Sentence committed survives and maybe
 15-18 years old acting with discernment pursued in separate civil action.
(suspended sentence) (law, contract, quasi contract, quasi
delict)
 Suspension of Sentence in case of
Insanity Prescription of Crimes: is the forfeiture or
 When a convict becomes insane loss of the right of the State to prosecute the
or imbecile after final sentence offender, after lapse of certain time.
has been pronounce, execution Commence to run on the date discovered by
of sentence only as regards the the offended party, authorized person or
personal penalty not payment of agents. Base on penalty prescribe by RPC
his civil or pecuniary liability. If
he recovers reason his 1. Crimes punishable by:
sentence shall be executed a. Death, reclusion perpetua,
unless the penalty has prescribe reclusion temporal - 20 years
 If while serving sentence b. Afflictive penalties - 15 years
becomes insane, above c. Correccional penalties – 10
provision applies. years, except: Arresto Mayor –
5 years
 When the penalty pending the appeal, the sentence is not
prescribe by law is a final.
compound one, the  In prescription of crimes – It is the
highest penalty shall penalty prescribe by law that should be
be made the basis of considered
the application of the  In prescription of penalty – it is the
rules contained above. penalty imposed that is considered.
2. Crime of Libel – 1 year
3. Crime Oral defamation and Slander by Commence to run: from the date when the
Deed – 6 months culprit evaded the service of sentence.
a. Simple Slander – 2 months
b. Grave Slander – 6 months Interrupted when the convict:
4. Light Offenses – 2 months  Surrenders
5. Crimes punishable by fines:  Arrested
a. If the fine is afflictive – 15 years  Goes to a foreign country with which
b. If the fine is correccional – 10 we have no extradition treaty, or
years  Commits any crime before the
c. If it is light – 2 months. expiration of the period of prescription
 The subsidiary penalty
for nonpayment of fine o Within the he period of
should not be prescription of penalty it has to
considered in beBehavior
executed, the convict would
Look Beyond
determining the period have to be made to serve the
of such crimes penalty
 When fine is an
alternative penalty
higher than the on the Difference between Amnesty and Absolute
penalty which is Pardon
imprisonment,
prescription of the Amnesty
crime is base on the 1. Applies only to Political Offenses
fine 2. Looks backward and abolishes the
offense, and the person would stand
Prescription of Penalties: loss or forfeiture of before the law as though he committed
the right of the State to execute the final no offense. Makes an ex-convict no
sentence or penalty after certain lapse of time. longer a recidivist, because it
obliterates the crime itself
1. Death and RP – 20 years 3. Granted by presidential proclamation
2. Other Afflictive Penalties – 15 years with concurrence of the Congress and
3. Correccional Penalties – 10 years there for it has to be taken judicial
except; Arresto Mayor – 5 years notice of by the courts. Ones the court
4. Light Penalties – 1 years takes judicial notice of such fact, one
does not have to present evidence to
 Pursuant to the rule that a judgment is prove such fact. It is an official act of
executed only when it becomes final, the Chief Executive.
hence we only talk of prescription of 4. Amnesty may be granted even before
penalty after the judgment has become trial or during investigation, a conviction
final is not necessary.
 The penalty must be imposed by final
judgment. Hence, when the convict Pardon
appealed and thereafter fled to the 1. includes any crime
mountain, the penalty impose upon him 2. Looks forward and relieves the offender
would never prescribe, because from the consequence of his conviction
3. Private act on the part of the Chief suffered by his family or by a third
Executive, therefore it must be pleaded person by reason of the crime
and proved by the person who has
been pardoned. Set Indemnification (by jurisprudence)
4. Pardon applies only when the person a. Homicide, murder – 50,000php
has already been convicted b. Rape of the first form –
50,000php + moral damages of
Every person criminally liable is also civilly 50,000php
liable. This means he is civilly liable only for c. Rape of the second form –
the consequence of the crime, which is the 25,000php + moral damages of
basis of the criminal action. This is the only 25,000php
civil action which is impliedly instituted with the d. Rape committed under the
criminal action, the civil action flowing from the circumstances where
crime subject of the criminal case. previously punishable by
death – 75,000php+ moral
damages 75,0000php
e. Rape with homicide –
100,000php + 100,000 moral
damages
Subsidiary Liability Partial Extinction
See the Innocence
Subsidiary Liability of the employer 1. Conditional Pardon
of the convict; 2. Commutation of Sentence
a. Is not automatic. If the accused- 3. Good Conduct allowances which the
employee fails to pay, the subsidiary culprit may earn while he is serving his
liability of the employer will set in. It is sentence
not automatic in the sense that there 4. Parole – because after you shall have
must first be conviction of the served the minimum indeterminate
employee. penalty, he could be release.
b. A reservation to prosecute the
employer for his subsidiary liability is
not necessary. The subsidiary liability
of the employer is not determined in the
same criminal case against the
employee; hence there is no need to
reserve.
What Civil Liability Includes:
1. Restitution – the thing itself must be

restored, even though it is found in
possession of third person who
acquired it by lawful means, saving to
the latter his action against the proper
person who may be liable to him.
2. Reparation – the court shall determine
the amount of damage, taking into
consideration the price of the thing
whenever possible, and its special
sentimental value to the injured party.
3. Indemnification of consequential
damages – include not only those
caused the injured party, but also those

Criminal Law 1

Transféré par

Informations du document

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

Criminal Law 1

Transféré par

Droits d'auteur :

Formats disponibles

CRIMINAL LAW REVIEW

ARTICLE 1 A: water- formerly 3 mile limit but now 12 mile

Originally 3 mile limit extended from the low

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Argue in the SC: attempted murder, they tried

1. Unlawful Aggression from the 2. Reasonable Necessity of the

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Q. If the offender enters the dwelling of

Note: Burden of proof → prosecution Nighttime will only be aggravating to increase

5. Committed in the palace of the Q. Why?

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Q. What would make a band as an Example

Q. If 4 sila but only 3 directly participated in Forms of Repetition

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

2. Habituality or Reiteracion – the offender 3. Habitual Delinquency (Art. 62) – if within a

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Recidivism vs. Quasi-recidivism

Example 14. Craft, fraud or disguise

15. Abuse of superior strength Q. It must have been consciously adopted

augment the victim’s physical sufferings. circumstances?

Relatives – mutually committed between:

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Q. Why is it aggravating? If no evidence of conspiracy – only the one

ARTICLE 16 Accomplice – cooperates but even without his

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Note: PD 1612 – Anti Fencing Law. ARTICLE 20

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

SCALES OF PENALTIES under RPC (3) Arresto Menor:

 Confiscation and Forfeiture of

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Consummated Frustrated Attempted Principal Attempted - 2 degrees lower than

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

In this case, RP lower by one degree is RT.

If on the other hand the law says the penalty

2nd Paragraph: in all cases in which the law

1M  0A = impose the lesser penalty

Faye Marie C. Martinez – Jessica Lopez – Chato Cabigas July 2008

Example Indeterminate Penalty: is anywhere within the

What Civil Liability Includes:

1. Restitution – the thing itself must be

Vous aimerez peut-être aussi