CRIMINAL LAW I e.

Crimes against National Security and Law of Nations:

– Treason (Art. 114)
CRIMINAL LAW – Branch of public law which defines crimes, – Conspiracy and Proposal to Commit Treason (Art. 115)
treats their nature, and provides their punishment. – Espionage (Art. 117)
CRIME – act commited or ommited in violation of public law – Inciting to War and Motives for Reprisals (Art. 118)
forbidding/commanding it. – Violation of Neutrality (Art. 119)
– Correspondence with Hostile Country (Art. 120)
CHARACTERISTICS OF CRIMINAL LAW: – Flight to Enemy’s Country (Art. 121)
A. GENERAL (PERSONS) – Piracy and Mutiny on High Seas (Art. 122)
• All persons (citizens or aliens regardless of who they are and
what they do) living or sojourning in Philippine territory. R.A. 9372 (Human Security Act of 2007)
• Except as provided in Treaties or Laws of Preferential App. Persons outside territory that commit or plot crimes:
a. Inside Phil. Territory
Persons under Military Law: b. Aboard Phil. Ship/Airship
• “Service-Connected Crimes” should be tried by Court-martial c. Within Phil. Embassies, consulates, or other Official Phil.
but CAN ALSO be tried by Proper Civil Courts. Tried by C.A. No. premises
408 (Articles Of War). d. Against Phil. Citizens or of Phil. Descent regardless of
• “Non-Service-Connected” Crimes should be tried by Proper Civil outside or inside Phil. Territory
Courts. Tried by Revised Penal Code. e. Against Phil. Government and Sovereignity
• Civil Courts have concurrent jurisdiction with Military Courts or
Court-martials. In other words, civil courts have also the C. PROSPECTIVE (LAWS)
jurisdiction to try service-connected cases as with court-martials • All crimes done after (prospective) law is in force not before
but court-martials cannot try civil cases. (retroactive) law is in force.
• “There is no crime when there is no law punishing it”
Persons under Treaties: (NULLUM CRIMEN NULLA POENA SINE LEGE)
TREATY - Agreements/Contracts between 2 sovereign states. • Penal laws made against the government, favored to accused
Wherein the visiting state will remain its jurisdiction on its • Repealing of Criminal Laws:
persons and properties while on territory of visited state. ( P ) = Penalty (↓) = Lesser (↑) = Higher
Exceptions/Exclusion: ( - ) = Without ( + ) = With ( = ) = Same amount/degree
a. The offender or the offended belongs to the visited state OLD (↓P) → NEW (↑P) = Tried on OLD
b. The crimes or offenses are against the national security or OLD (↑P) → NEW (↓P) = Tried on NEW
interests of the visited state. OLD (= P) → NEW (= P) = Can be tried either OLD/NEW
OLD (- P) → NEW (+ P) = No Penalty if done prior to new law
Persons under Laws on Preferential App: OLD (+ P) → NEW (- P) = No Penalty; No Law Penalizes anymore
DOCTRINE OF RECIPROCITY OLD (+ P) → NEW (+ P) = Still Penalized; Reenactment of the law
– A state will only give what is also given unto them.
• R.A. 75: Privileges and Immunity granted to Foreign Diplomatic ARTICLE 1: JANUARY 1, 1932
Representatives (Sovereign Heads, Chief of States, Presidents, CLASSICAL - Crimes are committed with Human Free Will
Ministers, and Ambassadors) and their Escorts and Servants POSITIVISTS - Crimes are committed through Strange/Morbid
• Consuls and other Foreign Commercial Reps. are not entitled to Phenomenon forcing against Human Free Will
the privileges and immunity.
ARTICLE 2: GENERAL AND TERRITORIAL APPLICATION
B. TERRITORIAL (PLACE) • Except as provided in Treaties and Laws on Pref. App.
1. All territories (Article I of 1987 Constitution) • Philippine Archipelago & Other Phil. Territories
2. Extra-territorial (Article 2 of Revised Penal code) • Extra-territorial Application
a. Crimes on a Phil. Ship/Airship (ENGLISH RULE)
• Any Ship/Airship (Foreign/Local) in transit or not as long as ARTICLE 3: FELONY
within the 12NM territorial waters of the Philippines. ACT - Bodily movement tending to do effects in the external world
• Phil. Ship/Airship OUTSIDE Phil. territory but NOT on other OMIT - Inaction; failure to do what needs to be done
state’s territory provided the vessel is registered to Phil. FELONY - Act or omission punishable by the REVISED PENAL CODE
Bureau of Customs - Act or omission by means of DOLO or CULPA
• Warships not applicable; Jurisdiction to the State where it • Felonies punishable only by Revised Penal Code while Crimes
belongs (Laws of Preferential App.) and Offenses punishable by RPC and Special Laws; Crime is
b. Counterfeiting Phil. Currency or Forging Treasury, broader than Felony; Some Felonies are under crimes but
Obligations or Securities by Phil. Government crimes are not all felonies.
c. Introduction and Dissemination of the above act into the
Philippines. INTENTIONAL FELONY (DOLO/DECEIT)
d. Crimes by a Public Officer or Employee (Admin. Cases): 1. Freedom/Free Will/Voluntary
– Direct (Art. 210) and Indirect Bribery (Art. 211) 2. Intelligence/Rationality
– Frauds against Public Treasury (Art. 213) 3. Intent (Malicious)
– Possession of Prohibited Interest (Art. 216)
– Malversation of Public Funds/Property (Art. 217) CULPABLE FELONY (CULPA/FAULT)
– Failure Accuntable Officer to Render Accounts (Art. 218) 1. Freedom/Free Will/Voluntary
– Illegal Use of Public Funds/Property (Art. 220) 2. Intelligence/Rationality
– Failure to make Delivery of Public funds/Property (Art. 221) 3. No Intent/Unintentional (Imprudence/Negligence)
– Falsification w/ Abuse of Public Official Position (Art. 171) IMPRUDENCE = Lack of Skill/Defficiency in Action
NEGLIGENCE = Lack of Foresight/Deficiency in Perception
MISTAKE OF FACT/IGNORANCE OF FACT
REQUISITES/ELEMENTS:
1. Mistake would been lawful had the accused believed it to be
2. Mistake with LAWFUL intention (eliminates dolo)
3. Mistake WITHOUT fault or carelessness (eliminates culpa)
• Absence of any of the above conditions does not constitute a
mistake of fact but a felony
Mistake of Fact constitutes:
a. Justifying Circumstances (Self-Defense, Defense of Relative,
Defense of Stranger, Fulfillment of Duty)
b. Absolutory Cause (Willful Desistance, etc.)
c. Involuntariness
CRIMES which are punished by SPECIAL LAWS
1. MALA IN SE (Generally is INTENTIONAL FELONY)
• Acts that are INHERENTLY CRIMINAL IN NATURE
• Criminal Intent is NECESSARY
• Produces Damages/Injuries
• MOSTLY but NOT ALL Punished by Revised Penal Code
• Mala In Se punished by Special Laws:
– Illegal Possession of Firearms (RA 8294)
– Child Abuse Law (RA 7610)
– Anti-Sexual Harassment Law (RA 7877)
– Dangerous Drugs Act (RA 9165)
– Omnibus Election Code
2. MALA PROHIBITA (PROHIBITED ACTS)
• Acts that are MADE CRIMINAL BY STATUTES
• Criminal Intent or acts of Good Faith NOT NECESSARY;
• May need NOT have Damages/Injuries; Act itself is the Crime
• Punished by Special Laws
INTENT - Purpose on WHY to act for a result
- ESSENTIAL element of Crimes (especially MALA IN SE)
MOTIVE - Driving Force/Moving Power on HOW to act for a result
- NOT ESSENTIAL element of Crimes
Relevance/Importance:
a. Identity of Acussed in dispute or not clear
b. Identity of Acussed from unreliable or doubtful source
c. Testimonies/Evidences from unreliable or doubtful source
d. 2 or more Antagonistic/Contradicting Theories/Versions
e. No Eyewitnesses
f. Evidences are merely Circumstancial (at least 2)
To Convict: no matter how WEAK the Motive if PROOF is STRONG
To Acquit: no matter how STRONG the Motive if PROOF is WEAK
ARTICLE 4: CRIMINAL LIABILITY
• Par. 1 is applicable only to INTENTIONAL Felonies and NOT to
Culpable Felonies; also applicable to Criminal Acts Different
from which is Intended:
a. Mistake in Person intended
b. Mistake in Blow intended
c. Greater damage/injury than what was intended
• Any person who commits a felony is responsible for ALL
CONSEQUENCES may it be the direct or indirect, foreseen or
unforeseen, intended or unintended effects/results.
• Attempt to Suicide is NOT a Felony nor is Criminally Liable
• CREATING Danger to Other’s Minds is Criminally Liable
• Criminally liable if consequences incurred is:
a. DIRECT - effects arising therefrom and inherent therein
b. NATURAL - occurrence from ordinary course of events
c. LOGICAL - rational connection between “Cause and Effect”
• Consequences incurred from a Distinct (Unrelated) Act or Fact
Absolutely Foreign is Not Criminally Liable
PROXIMATE CAUSE - Natural and Continuous way that produces
the consequences and without which the consequences would
never occur.
EFFICIENT INTERVENING CAUSE - Means through which hinders
or breaks the proximate cause to produce the natural
consequences. Active force or Victims’ Malicious Act
• Exception/Exclusion:
a. Physical Condition of the Victim
b. Nervousness/Temperament of the Victim
c. Causes Inherent to the Victim
d. Negligence of the Victim or Third Parties
e. Erroneous/Unskillful Medical Surgical Treatments
• Victims are not obliged to submit to medical procedures.
Erroneous or unskillful med/surg treatments may be an active
force but NOT a fact absolutely foreign
• Par. 2 is applicable to Impossible Crimes
IMPOSSIBLE “Would Be” CRIMES - Acts of criminal propensities or
tendencies; Objectively NOT Criminal, Subjectively Criminal
REQUISITES/ELEMENTS:
1. Against Persons or Properties
– Parricide (Art. 246)
– Murder (Art. 248)
– Homicide (Art. 249)
– Infanticide (Art. 255)
– Abortion (Art. 256, 257, 258, and 259)
– Duel (Art. 260 and 261)
– Physical Injuries (Art. 262, 263, 264, 265 and 266)
– Rape (Art. 266-A)
– Robbery (Art. 294, 297, 298, 299, 300, 302 and 303)
– Brigandage (Art. 306 and 307)
– Theft (Art. 308, 310 and 311)
– Usurpation (Art. 312 and 313)
– Culpable Insolvency (Art. 314)
– Swindling and Other Deceits (Art. 315, 316, 317 and 318)
– Chattel Mortgage (Art. 319)
– Arson and Other Crimes Involving Destruction
(Art. 320, 321, 322, 323, 324, 325 and 326)
– Malicious Mischief (Art. 327, 328, 329, 330 and 331)
2. With Evil(Malice) Intent
3. Inherent, Inadequate, or Ineffectual Impossibility
a. INHERENT (subject matter failed)
b. INADEQUATE (means applied lacking)
c. INEFFECTUAL (means applied no use, no effect)
4. Does NOT violate OTHER provisions of Revised Penal Code
ARTICLE 5: DUTY OF COURTS ON CRIMINAL CASES
Paragraph 1 REQUISITES/ELEMENTS:
1. Act done NOT punishable by law
2. Court deems proper to repress the act
3. Court renders proper application of law: dismisses case and
acquits accused
4. Judge submits report to Chief Executive through Sec. of
Justice for Penal Legislation
Paragraph 2 REQUISITES/ELEMENTS:
1. Accused is Guilty as charged
2. Court deems penalty Excessive for there’s:
a. Lesser degree of Malice
b. Lesser or no degree of Injury
3. Court shall not suspend the execution of the penalty
4. Judge submits report to Chief Executive through Sec. of
Justice for Executive Clemency
• Paragraph 2 is applicable only to MALA IN SE and NOT to Mala
Prohibita for degree of malice is considered here.
• Penalties NOT EXCESSIVE when Enforcing a Public Policy
• Duty of the Courts to APPLY THE LAW even when contrary to
their beliefs or feelings for “The Law may be harsh but it is still
the Law” (DURA LEX SED LEX)
• Lower Courts conforms to the Interpretation of the laws by the
Higher Court of the Land
ARTICLE 6: ATTEMPTED, FRUSTRATED, CONSUMMATED FELONY
INTERNAL ACTS - MERE IDEAS in the mind; NOT Punishable
EXTERNAL ACTS - ACTS in ACTION; Punishable
a. PREPARATORY ACTS - Not punishable unless provided by
law as independent crime; no direct connection with crime • Against persons or properties punishable even on attempted or
b. EXECUTION ACTS - Punishable; direct connection with crime
ATTEMPTED FELONY (1st Stage)
REQUISITES/ELEMENTS:
1. Directly by Overt Acts
2. Does NOT Perform ALL Acts of Execution
• Stopped at the middle and didn’t complete subjective phase
(controllable effects); unable to reach objective phase
3. Reason of Some Cause or Accident
4. Other than Perpetrator’s Own Spontaneous Desistance
• Voluntary willful desistance (either fear or remorse) have no
criminal liability for stopping the felony (Absolutory Cause)
SUBJECTIVE PHASE - from BEGINNING the acts of execution until CONSPIRACY - 2 or more persons come to an agreement for the
the point of STILL HAVING CONTROL over the acts
OBJECTIVE PHASE - UNCONTROLLABLE COMPLETION of the acts
INDETERMINATE OFFENSE - act where the purpose of commiting 1. 2 or more Persons comes to an Agreement
the crime is not certain or undetermined.
FRUSTRATED FELONY (2nd Stage)
REQUISITES/ELEMENTS:
1. Performs ALL Acts of Execution
• Reached objective phase (uncontrollable effects)
2. Would Produce the Felony as a Consequence
3. Do NOT Produce it
• If produced it would already be consummated
4. Independent Causes of Perpetrator’s Will
• Voluntary willful desistance will not be frustrated yet not
attempted since all the acts were performed but is already
consummated of another felony with its inflicted effects
Attempted and Frustrated Felony and Impossible Crime, the
criminal INTENT is NOT accomplished
Attempted and Frustrated Felony CAN POSSIBLY accomplish, • In conspiracy, “all for one, one for all”
Impossible Crime CANNOT accomplish
NO Attempted or Frustrated Impossible Crime because the acts
performed considered consummated had it not been imposible to
produce it.
CONSUMMATED FELONY (3rd Stage)
1. ALL ELEMENTS necessary for Execution and Accomplishment 2. Proposes Execution to other Person/s
are PRESENT
Determining the Stage of Felony:
• NATURE of the felony
• ELEMENTS of the felony
• MANNER OF COMMITTING the felony
a. Formal Crimes - consummated in one instant or a single act
– Libel, Slander, False Testimony, Sale of or Prohibited Drugs
b. Crimes Consummated by Attempt/Proposal/Overt Act
– Attempt: Ex: Flight to enemy’s Country
– Proposal: Ex: Corrupting Minors
– Overt Act: Ex: Treason
c. Crimes Consummated by mere Agreement of 2 Persons
– Ex: Betting in sports contest, gambling and Bribery
– Ex: Corruption of Public officer
d. Felony By Omission - no attempt for no executory acts
e. Material Crimes - requires all three stages for commission
– Ex: Murder, Rape and Homicide
ARTICLE 7: LIGHT FELONIES
LIGHT FELONY - Light insignificant moral or material injuries that
is punishable only upon consummation; without consummation
no need for penalty except if against persons or properties
• Light penalty of Arresto Menor (Imprisonment from 1 day to 30
days) or a Fine not exceeding P200
frustrated stage
a. Light Felonies Against Persons:
– Slight Physical Injuries and Maltreatment (Art. 266)
– Intriguing Against Honor (Art. 364)
b. Light Felonies Against Properties:
– Theft by trespassing and value not exceeding P5 and
prompted by hunger, poverty or difficulty earning (Art. 309
No. 7 & 8)
– Alteration of Boundary Marks (Art. 313)
– Malicious Mischief the damage not exceeding P200 or
cannot be estimated (Art. 328 & 329 No. 3)
ARTICLE 8: CONSPIRACY AND PROPOSAL TO COMMIT FELONY
commission of a felony and decide to commit it
REQUISITES/ELEMENTS:
2. Agreement to Commit a Felony
3. Decide to Execute the Felony
Conspiracy as manner of INCURRING Criminal Liability/Felony
• Conspiracy put into action; not a separate offense
• Conspirators are co-principals
Conspiracy as Felony ITSELF even without action:
– Conspiracy for Treason (Art. 115)
Prision Mayor and Fine < P10,000
– Conspiracy for Coup d’etat
Prision Mayor (Min) and Fine < P8,000
– Conspiracy for Rebellion or Insurrection
Prision Correccional (Max) and Fine < P5,000
– Conspiracy for Sedition (Art. 141)
Prision Mayor (Med) and Fine < P2,000
• In conspiracy there is unity of purpose and unity of execution
• In conspiracy, no need for direct proof, sufficient enough the
acts of the accused having joint purpose and design, concerted
action and community of interests
PROPOSAL REQUISITES/ELEMENTS:
1. Person has Decided to Commit Felony
Proposal as Felony Itself
– Proposal for Treason
Prision Correccional and Fine < 5,000
– Proposal for Coup d’etat
Prision Mayor (Min) and Fine < 8,000
– Proposal for Rebellion or Insurrection
Prision Correccional and Fine < 2,000
No proposal if:
a. Person who proposes not determined to commit felony
b. No decided, concrete, and formal proposal
c. The execution of the felony is not proposed
• In proposal, NOT necessary the person being proposed to
agrees or else it would become a conspiracy
• Conspiracy and Proposal to Commit a Felony Not Punishable UNLAWFUL AGGRESSION - Most IMPORTANT and PRIMARY
since they are just Preparatory Acts
• Conspiracy and Proposal as Independent Crimes are Punishable
• Treason is against External Security
• Coup d’etat, Rebellion, and Sedition is against Internal Security Spontaneity of Aggression:
• Monopolies and Restraint of Trade is against Economic Security
ARTICLE 9: GRAVE, LESS GRAVE, LIGHT FELONY
GRAVE FELONY - those which law attaches capital punishment or
penalties which in any period are afflictive
REQUISITES/ELEMENTS:
1. Capital Punishment = Death Penalty
2. Afflictive Penalties:
a. Reclusion Perpetua
b. Reclusion Temporal
c. Perpetual or Temporary Absolute Disqualification
d. Perpetual or Temporary Special Disqualification
e. Prision Mayor
3. Fine exceeding P6,000
LESS GRAVE FELONY - those which law attaches penalties which in
maximum period are correctional
REQUISITES/ELEMENTS:
1. Correctional Penalties:
a. Prision Correccional
b. Arresto Mayor
c. Suspension
d. Destierro
2. Fine exceeding P200 but NOT exceeding P6,000
LIGHT FELONY - those which law attaches penalty of arresto
menor or a fine NOT exceeding P200 or both
ARTICLE 10: OFFENSES NOT SUBJECT TO REVISED PENAL CODE
• Special Laws are not subject to Revised Penal Code
• Revised Penal Code (General Law) Supplements Special Laws
• Rule of Statutory Construction: Special Laws prevail over
General Laws (Codes are considered general)
• Imprisonment is the term used in Special Laws
• Prision Correccional, Prision Mayor, Arresto Mayor, etc. are the
terms used in the Revised Penal Code
SPECIAL LAWS - punishes act not defined and penalized by the
Revised Penal Code; Enacted by Legislative Dept. which is NOT
an ammendment to the Revised Penal Code
CHAPTER 2
ARTICLE 11: JUSTIFYING CIRCUMSTANCES
• Those acts of a person in accordance with law and not a
violation of the law which frees him from criminal liability;
complete absence of crime itself thereby no elements required
Par. 1 - 3: DEFENSE OF SELF, RELATIVES, & STRANGERS
• Self Defense: Defense of Life, Limb, Right, Property, or Honor
• Defense of Relatives: Defense for the Life, Right, Honor of:
a. Spouse
b. Ascendants and Descendants (Children or Parents)
c. Brothers or Sisters (Legitimate, natural, or adopted)
d. Relatives by Affinity (In-Laws in 1st degree only)
e. Relatives by Consanguinity up to 4th degree (Blood-line)
• Defense of Strangers: Defense of Life, Right, Honor of persons
not included in the defense of relatives
REQUISITES/ELEMENTS:
1. UNLAWFUL AGGRESSION
LAWFUL AGGRESSION - fulfillment of duty or exercise of a right
requisite; Agression materialized to endanger a life, right,
property or honor
a. Actual - danger is already present/happening
b. Imminent - danger on the point of happening or impending;
should not be imaginary
Materializing of Aggression:
a. Actual Physical Force (Fist Blows/Kicks/Slap/Strangulation)
b. Actual Use of Weapon
There’s Unlawful Aggression (Defense is justifiable) when:
a. Materializing of aggression is sufficient or strong enough to
endanger a life, limb, right or honor
b. It is spontaneous and without appreciable amount of time
c. There’s reasonable necessity to employ means which is the
right to kill or wound the aggressor
d. Aggressor flees to take an advantageous position
e. Although agreeing to fight but attacked ahead of stipulated
time and place of the fight
f. Belief of aggression by defendant is real/expected
g. No or lacks sufficient provoction to the aggressor
There’s NO Unlawful Aggression (Defense is unjustifiable) when:
a. NO materializing of agression (threat or intimidation); When
there’s materializing of aggression but NOT sufficient or
strong enough to endanger a life, limb, right or honor
b. Deliberate and with appreciable amount of time
(considered retaliation; aggression already ceased)
c. NO reasonable necessity to employ means anymore which
is to kill or wound the agressor (or else considered
retaliation)
d. Agressor flees or ceases to aggress
e. Challenging or Agreeing to fight
f. Belief of aggression by defendant is imaginary (Paranoia)
g. With sufficient provocation to the aggressor
RETALIATION - Aggression in retribution/vengeance; aggression
received no longer existed or had already ceased; the retaliator
is the new unlawful aggressor; not a justifying circumstance
2. REASONABLE NECESSITY OF MEANS EMPLOYED TO PREVENT
OR REPEL (UNLAWFUL AGGRESSION)
• No Unlawful Aggression; No Reasonable Necessity
Reasonable Necessity (Rational Equivalence):
a. Take a Course of Action
• reasonable necessary way of what action to do/apply
b. Means Used/Employed
• reasonable necessary way of how to do/apply the action
Justifiability of Reasonable Necessity:
a. Nature, Character, Location, and Extent of Wound Inflicted
by the defendant to the aggressor
b. Probability/Qualities/Disposition of a person being the
aggresor or being the defendant (Age, Sex, Status, etc.)
c. Physical Facts or Results (Place, Timing, Situation, or Odds)
3. PROVOCATION AS CAUSE FOR UNLAWFUL AGGRESSION
• Provocation is Aggression!
• Same in the first 2 requisites but differs in the 3rd requisite.
a. Self-Defense: No or lacks sufficient Provocation to the
aggressor by the defendant
b. Defense of Relatives: No or if with sufficient Provocation to
the aggressor, the defendant should have no part in it
c. Defense of Strangers: Genreous or lawful motive by the
defendant; No revenge, resentment, or other evil motives
Par. 4: AVOIDANCE OF GREATER EVIL/INJURY
• Injury to Persons or Damage to Properties
• The ONLY Justifying circumstance WITH CIVIL LIABILITY
REQUISITES/ELEMENTS:
1. Actual Existence of Evil or Injury
• Merely expected or anticipated is not applicable
2. Evil or Injury Feared is Greater than Commited
• Own Life is Greater than the Life of Another
• Evil or Injury should be inherent and should not be as a result
of fault or carelessness
3. No Other Less Harmful Means to Prevent what’s done
• Injury/Damage done should violate laws only with NECESSITY
Par. 5: FULFILLMENT OF DUTY/LAWFUL EXERCISE OF RIGHT
REQUISITES/ELEMENTS:
1. Performance of Duty or Lawful Exercise of Right
2. Due Care in Performance of Duty or Lawful Exercise of Right
• Injury inflicted should be as a consequence within the line or
lawful boundaries of performance of duty or exercise of a 1. Actual Existence of Uncontrollable Fear
right and NOT a result of illegal/improper performance
Par. 6: OBEDIENCE TO A LAWFUL ORDER
REQUISITES/ELEMENTS:
1. Actual Existence of Order by a Superior
2. Must be Lawful Order
• If the order is illegal, person carries out not justifiable unless 3. Greater/Equal to what’s Commited
he’s not aware of its illegality and not negligent
3. Lawful Means to Carry Out Order
• Even though the order made is lawful but if the means is • Complete Absence of Intent
illegal therefore still not justifiable
ARTICLE 12: EXEMPTING CIRCUMSTANCES
• Those acts of a person in exemption to criminal liabilty due to 2. Prevented or Failed
incompleteness of the elements of a crime/felony (freedom, 3. By Insuperable or Lawful Cause
intelligence, intent/negligence/imprudence)
Par. 1: IMBECILITY & INSANITY
• Complete absence of Intelligence/Rationality/Discernment
• Imbecility is inherently Absolute whereas Insanity must be
proved before or prior to Commission of Crime; Presumption is
favored on sanity
• Included: Dementia Praecox or Schizophrenia, Somnambulism,
Epilepsy, (Kleptomania can either be Exempt or Mitigating)
Par. 2: MINOR BELOW 15
Par. 3: MINOR ABOVE 15 BELOW 18 w/o DISCERNMENT
• Complete Absence of Intelligence/Rationality/Discernment
• Both Paragraphs under RA 9344 (Juvenile Justice and Welfare
Act of 2006)
• If Child above 15 below 18 acted with discernment he will be • Those acts of a person which reduces the penalty due to
subject to intervention program or diversion proceedings
Par. 4: LAWFUL AND CAREFUL ACCIDENT
• Complete Absence of Intent & Negligence
• Together with Par. 7 the ONLY Exempts with NO Civil Liability
REQUISITES/ELEMENTS:
1. Performs Lawful Act
• Most important requisite; if performed unlawfully renders
automatically the other requisites invalid, making it an
intentional felony
2. Due Care
• If done carelessly, the 3rd and the 1st part of 4th
automatically will be invalid making it a culpable felony
3. Injures by Accident
• Accident: Inherently cannot be Foreseen even with Vigilance
• Negligent: Can be Foreseen but NO or lacks Vigilance
4. Without Fault or Intention
Par. 5: COMPULSION BY IRRESISTIBLE FORCE
• Complete Absence of Freedom/Free Will/Voluntariness
REQUISITES/ELEMENTS:
1. Physical Force
• Brute Force; Not mere Threats or Intimidation
2. Irresistible
• Irresistible when ALL RESISTANCES were already exhausted
which reduces one to become a mere instrument
3. Third Person
• Should not be a passion or obfuscation by the 1st person
Par. 6: IMPULSION BY UNCONTROLLABLE FEAR
• Complete Absence of Freedom/Free Will/Voluntariness
REQUSITES/ELEMENTS:
1. Fear Greater/Equal to required to Commit
2. Promises Evil of such Gravity and Imminence that Ordinary
Man would Succumb to it
• Threats or Intimidations; NO Physical Force
• Uncontrollable when there is no oppurtunity to resist or
escape or for equal chances of self-defense
2. Already Actual or Imminent
• Threats of Future Injury as well as Speculative, Fanciful or
Remote Fear are NOT Valid
Par. 7: LAWFUL/INSUPERABLE OMISSION
• Together with Par. 4 the ONLY Exempts with NO CIVIL LIABILITY
REQUISITES/ELEMENTS:
1. Act Required by Law should be Done
ABSOLUTORY CAUSES (Considered 8th Exempting Circums.)
• Crimes which is permitted by public policy or sentiments to
have no penalty
a. Perpetrator’s Spontaneous Desistance on Attempted Stage
b. Light Felony
c. Accessory Relative of Principal (Art. 20)
d. Legal/Lawful Arbitrary Detention
e. Legal/Lawful Trespass
f. Theft, Swindling, or Malicious Mischief Against Relative
g. Spouse Surprise Vindication of Infidelity
h. Marital Rape, Seduction, Lasciviousness, or Abduction
i. Instigation - Forcing/Enticing someone to commit a crime
ARTICLE 13: MITIGATING CIRCUMSTANCES
diminution of the elements of a crime/felony
• Only Reduces the Penalty NOT Change the Nature of the Crime
Privileged Mitigating:
• NOT Offset by ANY Agrravating Circumstance
• Punishment down to 1 or 2 degrees lower
1. Par. 1 circumstances that are NOT WHOLLY EXCUSABLE
2. Minor above 15 below 18 w/ discernment
3. 2 or more Ordinary Mitigating Circumsatances without an
Aggravating Circumstance
Ordinary Mitigating:
• Offset by ANY Aggravating Circumstance
• Punishment down to Minimum
Par. 1: NOT WHOLLY JUSTIFIABLE OR EXCUSABLE
• NOT ALL Requisites Present but MAJORITY and MOST IMP.
MOST IMPORTANT REQUISITES: 2. So Powerful to Produce Passion or Obfuscation
1. Defense of Self, Relatives, or Strangers → Unlawful Aggression • From lawful/legitimate sentiments of the Accused; NOT from
2. Avoidance of Greater Evil → Existence of Greater Evil spirit of lawlessness and revenge
3. Performance of Duty or Right → Performance of Duty or RIght • From improper/unlawful acts/sentiments of the Victim
4. Obedience to Lawful Order → Existence of Order by Superior • Compatible with Lack of Intention So Grave a Wrong
5. Lawful Careful Accident → Performs Lawful Act • Incompatible with Evident Premeditation and Treachery
6. Irresistible Force → Existence of Irresistible Force
7. Uncontrollable Fear → Existence of Uncontrollable Fear Par. 7: VOLUNTARY SURRENDER & VOLUNTARY CONFESSION
• Imbecility, Insanity (if proved), Minor below 15 & Insuperability SURRENDER REQUISITES/ELEMENTS:
are Absolute therefore either exempt or not. 1. Not Actually Arrested
• Before/Prior Warrant of Arrest is Served; NOT on Issuance
Par. 2: MINOR ABOVE 15 BELOW 18 & PERSON OVER 70 2. Surrendered Himself to Authorities or its Agents
• Minor above 15 below 18 w/ discernment considered privileged • Surrender of Weapons do not mean surrender of Himself
mitigating while Person over 70 considered just an ordinary AUTHORITY - Public officer vested with jurisdiction/power to
mitigating circumstance govern and execute laws
AGENTS - Public Officer charged with maintenance of public
Par. 3: NO INTENTION SO GRAVE A WRONG order and protection and security of life and property
• Diminution of Intent; NOT applicable to Culpable Felonies 3. Surrender must be Voluntary
• Intent at Particular Moment of the Crime NOT at Planning Stage • Spontaneous and Submit Personally Unconditionally
Physical Facts to Determine Intent: a. Acknowledgment of Guilt
a. Weapon Used (Force of the Blow & Instances Used) b. Save the Trouble and Expenses for Search and Capture
b. Injury Inflicted (Nature, Char., Extent, & Location of Wound)
c. Attitude of the Mind (Retaliation/Vengeance/Good Faith) CONFESSION/PLEA REQUISITES/ELEMENTS:
• Lack of Intent incompatible with Treachery and Physical Injuries 1. Spontaneously Confessed Guilt
• At the First Oppurtunity and Unconditionally
Par. 4: SUFFICIENT PROVOCATION BY THE OFFENDED PARTY 2. In Open Competent Court Tryng the Case
• Diminution of Intelligence and Intent • Extrajudicial Confessions NOT considered
REQUISITES/ELEMENTS: 3. Before/Prior to Presentation of Evidence by Prosecution
1. Provocation must be Sufficient • Preliminary Investigation still considered for plea
• Sufficient when adequate to excite to commit the wrong or
when offensive or positively strong Par. 8: PHYSICALLY INCAPACITATED/HANDICAPPED
• Insufficient if mere vague threats, arguing, asked to explain • Diminution of Freedom
or points finger REQUISITES/ELEMENTS:
2. By the Offended Party 1. Deaf & Dumb, Blind, or Otherwise Suffering Physical Defect
• Must come from Victim and NOT from any third person 2. Restricted in Means of Action, Defense, or Communication
3. Provocation Immediate to the Crime
• Act of Retaliation; must have NO interval of time to regain Par. 9: CONSCIOUS PSYCHOLOGICAL/MENTAL ILLNESS
Reason and Self-control • Diminution of Intelligence
REQUISITES/ELEMENTS:
Par. 5: IMMEDIATE VINDICATION OF A GRAVE OFFENSE 1. Illness Diminishes Will-Power
• Diminution of Intelligence and Intent • Feeblemindedness; Different from Insanity; Pathological
REQUISITES/ELEMENTS: Illness with Psychological Effects
1. Grave Offense Committed to Offender and or his Relatives 2. But Not Deprive Consciousness of Acts
• Grave Offense when provocation of a person’s Honor
• Relatives: Spouse; Acendants or Descendants; Legitimate, Par. 10: SIMILAR AND ANALOGOUS TO ABOVE PAR. 1-9
Natural, or Adopted Brothers or Sisters; and Relatives by 1st • Jealousy & Esprit de Corps same with Passion & Obfuscation
degree Affinity • Voluntary Restitution same with Voluntary Surrender
• Must come from Victim and NOT from any third person • Testifying for Prosecution same with Voluntary Plea of Guilty
Gravity of Offense: • Battered Wife Syndrome same with Illness Diminish Will-Power
a. Social Standing of Person
b. Place of Offense ARTICLE 14: AGGRAVATING CIRCUMSTANCES
c. Time of Offense • Those acts of a person which increases the penalty due to
2. Lapse of Time Allowed for the Vindication greater perversity by:
• With interval of time as long as Proximate to the Offense a. Motivating Power Itself
• Vindication should be proportionate to the offense received b. Place of Commission
• Incompatible with Passion or Obfuscation; only 1 be considered c. Time of Commission
d. Means and Ways Employed
Par. 6: PASSION AND OBFUSCATION e. Personal Circumstances of the Parties Involved
• Diminution of Freedom and Intelligence • Moral Attributes of Offender
REQUISITES/ELEMENTS: • Private Relations with the Offended
1. Acted on Impulse • Any Personal Cause
• Spontaneous and loses reason and self-control; With interval
of time but NOT far removed to regain Normal Equanimity; Generic Aggravating:
• Must come from Victim and NOT from any third person • NOT Offset by ANY Mitigating Circumstance
• Fulfillment of Duty, Exercise of a right and Trivial Slight • Punishment up to Maximum Period
Provocations NOT good sources for impulse • NOT Alleged in the Information
• Impulse at the moment not on lapse of time • Par. 1-3 (Dwelling), 4-6, 9-10, 14, 18-20 (except Motor Vehicle)
Qualifying Aggravating
• Changes the Nature of a Crime
• Offset by ANY Mitigating Circumstance
• Punishment is prescribed Specially by law
• Alleged in the Information as Integral Part of the Crime
Specific Aggravating
• Applies to Particular Crimes
• Par. 3 (except Dwelling), 15, 16, 17 & 21
Inherent Aggravating
• Necessary accompanies or Defines a Crime
Par. 1: PUBLIC POSITION
• Personal Circumstances of Offender
REQUSITES/ELEMENTS:
1. Public Officer/Employee
2. Commits Crime in Abuse of Position/Office
3. By Influence, Prestige, or Ascendancy
• Failure/Neglect to Perform Duty is also Abuse of Position/Office 2. Sought For to Insure the Commission of the Crime
• Exception: Crimes Inherent w/ Public Office (Ex: Malversation)
Par. 2: CONTEMPT TO PUBLIC AUTHORITIES
• Disregard/Insult to Public Authorities ONLY; NOT to his Agents
REQUISITES/ELEMENTS:
1. Public Authority Exercising his Duties/Functions
2. Public Authority is NOT the Offended Party/Victim
3. Public Authority Known to Offender
4. Public Authority’s Presence DON’T Prevent the Offender from • Band Absorbs Abuse of Superior Strength & Aid of Armed Men
Committing the Crime
Par. 3: DISRESPECT TO RANK, AGE, SEX, & DWELLING
• Personal Circumstances of Offended & Place of Commission
• Applicable ONLY to Crimes Against Persons (especially Honor)
• Deliberate Intent to Disregard/Offend/Insult
RANK - Social Condition, Designation, or Title in Dispute
AGE - Young vs. Old
SEX - Male vs. Female (Except: Crimes Inherent against Chastity)
DWELLING - Bldg./Structure Exclusively for Rest and Comfort;
either Permanent or Temporary
• Offended MUST NOT give sufficient provocation on his dwelling
• Considered even if offender didn’t enter dwelling so long as the
offended was violated in his dwelling
• Includes dependencies (foot of staircase and enclosures)
• Exceptions:
a. Crimes Inherent w/ Dwelling (Ex: Robbery Force on Things)
b. Offender & Offended Lives the Same Dwelling
c. Offended Gave Sufficient Provocation
d. Dwelling DON’T Belong to Offended
e. Place is NOT a Dwelling
• Dwelling Incompatible with Treachery
Par. 4: ABUSE OF CONFIDENCE & OBVIOUS UNGRATEFULNESS
• Means and Ways Employed
• Trust = Confidence
REQUISITES/ELEMENTS:
1. Offended Trusts Offender
2. Abuses Trust by Committing Crime Against Offended
• Offended caught by Surprise/Unexpecting/Unsuspecting
3. Abuse of Trust Facilitated the Crime
• Exception: Crimes Inherent w/ Abuse of Confidence
(Ex: Malversation, Estafa, Qualified Theft, Qualified Seduction)
OBVIOUS UNGRATEFULNESS - is Obvious, Manifesting, and Clear
• Abuse of Confidence there MUST be Relationship between
Offender and Offended while Obvious Ungratefulness NO
Relationship that exists
Par. 5: MALACAÑANG AND GOVERNMENT/RELIGIOUS PLACES
• Place of Commission
REQUISITES/ELEMENTS:
1. Chief Excecutive’s Palace or Presence Anywhere regardless
whether Engaging or not in Discharging his Duties/Functions
2. Public Authorities MUST be Engaging in Discharging their
Duties or Functions in their Offices
3. Religious Places regardless whether Engaging or not in
Religious Worship/Services
Par. 6: NOCTURNITY, UNINHABITED PLACE, & BAND/CUADRILLA
• Means and Ways Employed
NIGHT-TIME - From Dusk til Dawn
UNINHABITED PLACE - NOT a matter of Distance; as long as
Victim have NO Chance to call or ask for help
BAND/CUADRILLA - More than 3 Armed Persons Acted together
REQUISITES/ELEMENTS:
1. Facilitated the Commission of the Crime
• Perpetrated the crime unmolested/uninterfered
• Noctunity: Darkness is sought
• Uninhabited Place: Solitude is sought
• Band: Armed plus Numbers are Sought
3. Taken Advantage Thereof for Impunity/Immunity
• Avoid Recognition/Detection/Punishment
• Not aggravating if these 3 by itself is merely incidental/casual
• Considered collectively as 1 aggravating unless each are distinct
or separate from facts of one another
• Exception: Crimes Inherent w/ Band (Ex: Brigandage)
Par. 7: GREAT CALAMITY/MISFORTUNE
• Time of Commission
• Adds further suffering by taking advantage of the situation
• The Afflicted/Offended should not give Sufficient Provocation
Par. 8: AID OF ARMED MEN
• Means and Ways Employed
REQUISITES/ELEMENTS:
1. Armed Men Directly/Indirectly Took Part in the Crime
• Armed Persons must have Different Purpose from the availer
2. Offender Availed/Relied on Armed Men’s Aid
• Not Aggravating if armed men take no part and weren’t availed
• If 4 or More Armed Men, By a Band is the Aggravating
• If 3 or Less Armed Men, Aid of Armed Men is the Aggravating
• Exceptions:
a. Both Parties Equally Armed
b. If Acted on Same Plan or Purpose (Conspiracy or By a Band)
c. Crimes Inherent w/ Armed Men (Robbery w/ Violence)
Par. 9: RECIDIVIST
• Inclination to Crimes
REQUISITES/ELEMENTS:
1. Offender on Trial for Recent Crime
• On Trial means WHOLE trial including rendering judgment
2. Previously Convicted by Final Judgment of Another Crime
• Final Judgment of Another Crime MUST precede before Final
Judgment of Recent Crime
• Amnesty extinguishes Previous Conviction therefore no risk
of being a recidivist
• Pardon DON’T extinguish Previous Conviction therefore still
with risk for recidivism
Judgment becomes Final:
a. After Lapse of Period (within 15 days) for an Appeal
b. Sentence Partially/Totally Served
c. Accused in Writing Waived his Right to Appeal
d. Accused Applied for Probation
3. Both Crimes on Same Title of Revised Penal Code CRAFT - Intellectual Cunning Trickery/Scheme (uses Skills/Talents)
• One crime should NOT be punished by a special law or in FRAUD - Direct Inducement by Insidious Words/Machinations for
another title of the Revised Penal Code than the Other Victim to Act in a Manner Designed by the Offender
4. Offender Convicted on the Recent Crime DISGUISE - Concealing Identity to Avoid Detection/Recognition
• In common sense, No Recividism if Acquitted • If Recognized NOT Aggravating but Recognition by Accidental
Failure of Disguise is Aggravating
Par. 10: REITERACION/HABITUALITY •
• Inclination to Crimes Par. 15: ADVANTAGE OF SUPERIOR STRENGTH OR
REQUISITES/ELEMENTS: MEANS TO WEAKEN DEFENSE
1. Offender on Trial for Recent Crime • Physical Inequal Forces/Attributes taken ADVANTAGE
• On Trial means WHOLE trial including rendering judgment • Numerical Superiority, Unproportionate Weapon Used, and
2. Previously Served Sentence: Crime on Equal/Greater Penalty Defenseless Condition of Victim are Abuse of Superior Strength
or 2/More Crimes on Lighter Penalty • Passion & Obfuscation or Duel NO Abuse of Superior Strength
• Penalty Attached (Degree) NOT Penalty Imposed (Level) • Means to weaken Defense materially weakens Resisting Power
3. Offender Convicted on the Recent Crime
• In common sense, No habituality if Acquitted Par. 16: TREACHERY/ALEVOSIA
• Means and Ways Employed
• Recidivism: enough that offender is convicted, and all offenses TREACHERY - Insure safety/without risk to the offender for the
must be in the same title in RPC victim was NOT given opportunity to put up any kind of defense
• Reiteracion: offender must serve sentence first and need not be RULES:
in the same title 1. ONLY to Crimes against Persons
Forms of Repetition: 2. Means, Methods, or Forms need NOT Insure Accomplishment
a. Recidivism • Execution alone enough already to consider treachery
b. Reiteracion/Habituality 3. Mode of Attack must be Consciously Adopted
c. Multi-Recidivism/Habitual Delinquency • Directly and Specially chosen to insure execution and safety
• Within 10 yrs, convicted for the 3rd time or oftener or without risk to the offender
• Can be Recidivism or Reiteracion REQUISITES/ELEMENTS:
d. Quasi-Recidivism 1. Means of Execution gave NO Opportunity for Defense
• Commits a crime while serving or beginning to serve • Means, Methods, Forms, or Manner of Execution
sentence for Previous crime • Without Risk or to Insure Safety of the Offender
• Sudden; Unexpected; Surprise; Without Warning or Chance
Par. 11: PRIZES, REWARDS, OR PROMISE or Opportunity to Defend or Repel
• Motivating Power Itself • Ex: Attack from Behind, Lying Face Down, Hands Tied or Held
• 2 or More Principals MUST be Present (Principal by Inducement Blindfolded, Sleeping, just Awakened
& Principal by Commission); Aggravates same for ALL Principals 2. Means of Execution Deliberate/Consciously Adopted/Chosen
• Offer for Prizes, etc. should precede NOT succeed the Crime • Unpresumed, must show Deliberation or Careful Planning
• Prize/Reward/Promise Absorbs Premeditation but Applicable • Prepared or Premeditated Secretly or Unknowingly
ONLY to the Inductor • Passion & Obfuscation or Casual/Accidental or Altercation or
Duel at the Moment NO Treachery
Par. 12: FLOOD, FIRE, POISON, EXPLOSION, & DERAILMENT RULES OF ASSAULT:
• Means and Ways Employed 1. If Assault Continuous, Treachery must be Present atBeginning
• Other Means laying Great Wastes and Ruins 2. If Assault NOT Continuous (Stopped/Interrupted), Treachery
• When another aggravating circumstance present, any of these is Sufficient at the Moment Fatal Blow was given.
will only be generic • Treachery Absorbs ALL other Aggravating Circ. EXCEPT Dwelling!
• Exception: Crimes Inherent to any of these
(Ex: Fire for Arson, Explosion for Crimes involving Destruction, Par. 17: IGNOMINY (MORAL PAIN)
Derailment for Damages to means of Communication) • Means and Ways Employed
• Crimes Against Chastity, Coercion (Light or Grave), Physical
Par. 13: EVIDENT PREMEDITATION Injuries (Less Serious), and Murder
• Means and Ways Employed IGNOMINY - Unnecessary circumstances pertaining to Immorality
• Deliberate Planning/Preparation; Preceded by Cool Thought and to add Disgrace/Shame/Humiliation and Obloquy; Augments
Serenity sufficient for a Calm Judgment wrong done by Moral Injuries; NO Ignominy if Victim Died first
REQUISITES/ELEMENTS:
1. Time When to Commit Crime Par. 18: UNLAWFUL ENTRY
• Essential to determine the sufficience of lapse of time • Means and Ways Employed
2. Acts Manifestly Indicating Determination • Entrance effected by a Way NOT Intended for that Purpose
• External Acts MUST Manifest and NOT just mere Expressions • Must be a Means for Entrance Only NOT for Exit
for Deliberate Planning/Preparation • Ex: Walls, Windows, Roofs, Porch, Etc. but NOT Doors
• NO Manifestation of External Acts NO Premeditation • Exception: Crimes Inherent w/ Unlawful Entry
3. Sufficient Lapse of Time between Determination & Execution (Ex: Robbery Force on Things)
• Allowed to Reflect for the Consequences of the Planned Act
and for Conscience to Overcome Criminal Will Par. 19: FORCIBLE ENTRY
• Spontaneous/NO Sufficient Lapse of Time NO Premeditation • Means and Ways Employed
• Unlawful breaking of Wall, Roof, Floor, Door, or Window
Par. 14: CRAFT, FRAUD, & DISGUISE • Must be a Means for Entrance Only NOT for Exit
• Means and Ways Employed • Exception: Crimes Inherent w/ Forcible Entry
• More on Intellectual/Mental Means rather than Physical Means (Ex: Robbery Force on Things)
Par. 20: AID OF MINOR OR ARTICLE 17: PRINCIPALS
MOTOR VEHICLE/VESSELS • Conspiracy = Collective Criminal Liability (All 4 one, one 4 All)
• Means and Ways Employed • No Conspiracy = Individual or Quasi-Collective Criminal Liability
• Taking advantage of Minor’s irresponsibility and unliability Par. 1: PRINCIPAL BY DIRECT PARTICIPATION
• Employing Great Facilities for executing, fleeing and absconding
REQUISITES/ELEMENTS:
• Must be Proved NOT only Incidental/accidental 1. Participation in Criminal Resolution (Planning)
• Must be Motor-Powered Vehicles NOT Manual-Powered • Conspiracy as Manner of Incurring Criminal Liability
• Conspiracy may be shown Expressly or Impliedly
Par. 21: CRUELTY (PHYSICAL PAIN) • Acts done OUTSIDE contemplation of Intended Conspiracy,
• Means and Ways Employed ONLY Actual Perpetrarators are Liable.
• Unnecessary Physical Pain/Suffering • Mere Knowledge, Acquiescence, Approval of Act, or Presence
• Sadism; Slowly, Gradually, Prolonging the Physical Suffering of/at the Crime NO Conspiracy
• NO Cruelty if Victim Died first • Spontaneity and Simultaneity NOT enough to be Sufficient to
• Ignominy = Moral Suffering consider Conspiracy; must be shown acted as one and by the
Cruelty = Physical Suffering same purpose
REQUSITES/ELEMENTS: 2. Personally takes Part in Execution in Unity (Performing)
1. Wrong Done Deliberately Increased by Another Wrong • Unity of Action, Purpose, and Intent
2. The Another Wrong Must be Unnecessary for the Purpose of • Personally MUST take Part in the Execution
the Wrong Done
Par. 2: PRINCIPAL BY INDUCEMENT
ARTICLE 15: ALTERNATING CIRCUMSTANCES • Forcing: Through Irresistible Force or Uncontrollable Fear
• Those acts of a person that’s either Mitigating or Aggravating • Inducing: Through Prizes,Rewards,Promise or Words/Orders
RELATIONSHIP REQUISITES/ELEMENTS:
• Spouse 1. Inducement Directly made with Intent to Procure the Crime
• Ascendants • Inducement: Command, Advice, Influence or Agreement
• Descendants • Thoughtless Expression without Intention NOT inducement
• Brothers/Sisters (Natural, Legitimate, or Adopted) 2. Inducement MUST be the Determining cause of the Crime
• Relatives by Affinity (w/in Same Degree) • Without Inducement Crime would not have been committed
1. Against Property: Mitigating • Inducement should precede NOT succeed the Crime
2. Against Persons/Chastity: • Words of Command REQUISITES/ELEMENTS:
a. Parricide: a. Words must have Intention to Procure the Crime
• Inherent; No Effect b. Inducer must have Ascendancy or Influence
b. Murder/Homicide/Serious Physical Injuries/Rape: c. Words must be so Direct, so Efficacious, and so Powerful
• Aggravating d. Words must be Uttered before/Prior to the Crime
c. Less Serious/Slight Physical Injuries: e. Executor must have No Personal Reason for the Crime
• Aggravating against Descendants
• Mitigating against Ascendants Par. 3: PRINCIPAL BY INDISPENSABLE COOPERATION
• Those cooperated in the crime without which crime would not
INTOXICATION have been accomplished
• Affects Mental Faculties REQUISITES/ELEMENTS:
• Lessens Individual Resistance to Evil Thought 1. Participation in Criminal Resolution (Planning)
• Undermines Will-Power 2. Cooperates in the Execution through ANOTHER ACT without
a. Not Habitual and Not Subsequent (Accidental/Incidental) which it would not have been Accomplished
• Mitigating • Principal by Indispensable Cooperation must have DIFFERENT
b. Habitual and Subsequent to Commission of Felony ACTS by those of Principal by Direct Participation
• Aggravating • Acts must be Indispensable (Absolutely Necessary/Essential);
if dispensable then Accomplice
EDUCATION/INSTRUCTION
a. Low Degree of Education/Instruction ARTICLE 18: ACCOMPLICES
• Mitigating • Quasi-Collective Criminal Liability
b. High Degree of Education/Instruction ― In-Between Collective Criminal Liability and Individual
• Aggravating Criminal Liability; Some are Principals, Some are Accomplices
― Accomplices cooperates by previous or simultaneous acts in
ARTICLE 16: PERSONS CRIMINALLY LIABLE the execution of the crime by the Principals
• Active Subject = Offender (Natural Persons Only) • Acts are necessary/essential but NOT absolutely necessary or
• Passive Subject = Offended (Natural and/or Juridical Persons) essential for the execution of the offense (dispensable)
• Juridical Persons as active subject ONLY against Special Laws • In case of doubt in participation, as favorable to the accused, he
• The Dead or Animals cannot be a Passive Subject will be considered only as accomplice
1. GRAVE AND LESS GRAVE FELONIES: REQUISITES/ELEMENTS:
a. PRINCIPALS 1. Community of Design
b. ACCOMPLICES • Knows the criminal design of the principal but did NOT enter
c. ACCESSORIES a conspiracy, Accomplice only concurred
2. By Previous or Simultaneous Acts
2. LIGHT FELONIES: • Participated ONLY at a CERTAIN point
a. PRINCIPALS • By previous acts = knowing of the criminal purpose
b. ACCOMPLICES • By simultaneous acts = cooperating with the execution but
acts are merely dispensable and not totally absolute
3. Relation between acts of Principal and acts of Accomplice
• DON’T take direct part in the commission of a crime by a
Principal of Direct Participation
• DON’T induce or force another in the commission of a crime
by a Principal of Inducement
• DON’T cooperate by indispensable acts in the commission of
a crime by Principal of Indispensable Cooperation
• DOES cooperate by previous/simultaneous dispensable acts
ARTICLE 19: ACCESSORIES
ACCESSORY - having Knowledge of the Execution of the Crime,
does NOT Participate either as principals or accomplices BUT
takes part only Subsequent (After) the execution of the Crime
ARTICLE 20: EXEMPTED ACCESSORIES
Absolutory Cause!
• By reason of Ties of Blood and Preservation of One’s Name
a. Spouse
b. Ascendants
c. Descendants
d. Brothers/Sisters (Natural, Legitimate, or Adopted)
e. Relatives by Affinity (w/in Same Degree)
• Art. 19 Par. 1 is NOT exempted but Par. 2 and 3 are exempted
• DON’T Profit Themselves or Assisted the Principals to Profit
• MAY Conceal or Destroy the Body, Effects, or Instruments
• MAY Harbor, Conceal, or Assists the Escape of the Principal

• Must prove to have Knowledge as a fact NOT just Presumption

or Suspicion as fiction in the execution/commission of the crime
• Crime committed should be proved first beyond reasonable
doubt before any accessory to the crime could be included
• Accessories’ Arraignment, Trial, and Conviction must be AFTER
the Arraingment, Trial, and Conviction of the Principals for
Accessories’ liability is Subordinate and Subsequent Different
BUT Connected to Principals’ liability
• If Principals are Exempt/Acquitted it DON’T mean to say that
Accessories may also be, provided that there’s a Crime

Par. 1: PROFITING
• Gaining of the Fruits or Effects of the Crime
• Accessories profit themselves or help the principals profit
• Accessories should profit themselves only by the consent of the
principals without such they will be considered as principals also
• Accessories should NOT be in conspiracy with the principals

Par. 2: CONCEALING THE CRIME

• Body, Effects, or Instruments related to the Crime
• Any Crimes as long as NOT a Light Felony
• There must be an ATTEMPT to conceal/hide or destruction of
the Body (Corpus Delicti), Effects, or Instruments of a Crime
• Concealment or Destruction is for the Purpose to Prevent the
Discovery of the Crime

Par. 3: ASSISTING THE ESCAPE OF THE PRINCIPAL/S

PUBLIC OFFICER
REQUISITES/ELEMENTS:
1. Accessory is a Public Officer
2. Harbors, Conceals, or Assists the Escape of the Principal
3. Acted in Abuse of Public Function
4. Any Crime Committed as long as NOT Light Felony

PRIVATE PERSON
REQUISITES/ELEMENTS:
1. Accessory is a Private Person
2. Harbors, Conceals, or Assists the Escape of the Principal
3. Specific Crime Committed:
a. Treason
b. Parricide
c. Murder
d. Attempt on President’s Life
e. Habitually Guilty of Some Other Crime

ACCESSORY’S RELATION FROM PRINCIPAL AND ACCOMPLICE

• DON’T take direct part, induce or force, or cooperate by
indispensable acts in the Commission of the Crime
• DON’T cooperate by previous or simultaneous dispensable acts
in the Commission of the Crime
• DOES participate after the Commission of the Crime