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(c) Imposable penalty is >6 years of imprisonment, only by the court - Lack of intent to kill, not mitigating in physical injuries; Mitigating when
the victim dies
Contract of Diversion
- Not applicable to felonies by negligence
The diversion proceedings shall be completed within 45 days. Failure to comply by
LSW & DO, shall give the offended party the option to institute the appropriate - Intention of the offender is immaterial (Unintentional Abortion - Art 257)
legal action. - Applied in Malversation of Public Funds (no intention to commit so grave
Prescriptive period of the offense during the effectivity of DP shall be suspended not a wrong)
exceeding 2 years. Basis of Par 3, the element of voluntariness in intentional felony is diminished
Where diversion may be conducted Paragraph 4 Provocation is understood as any unjust or improper conduct or act
At the Katarungang Pambarangay, the police investigation, or the inquest or of the offended party
preliminary investigation stage Requisites:
Duty of the PB / the Law Enforcement Officer when there is NO diversion 1. That the provocation must be sufficient;
PB shall within 3 days from determination of the absence of jurisdiction over the 2. That it must originate from the offended party; and
case of termination of the diversion proceeding as the case may be, forward the
records to the LEO, prosecutor or the appropriate court. The document shall display 3. That the provocation must be immediate to the act, i.e., to the
the word “CHILD” in bold letters. commission of the crime by the person who is provoked.
Offender is >70yrs old is only generic mitigating circumstance The provocation must be sufficient
Had the effect of privileged mitigating circumstances: “Sufficient” means adequate to excite a person to commit the wrong
(1) Committed an offense punishable by death, that penalty shall not be -Provocation must originate from the offended party
imposed (Art 47)
-Sufficient provocation as a requisite of incomplete self-defense (absence on the Requisites:
part of the person defending himself) while as mitigating circumstance (presence
on the part of the offended party) 1. Accused acted upon impulse.
-Provocation must be immediate to the commission of the crime, there should not 2. The impulse must be so powerful that it naturally produced passion or
be any interval of time, as the conduct of the offended party could not have excited obfuscation in him.
the accused to the commission of the crime. *Passion or obfuscation causes naturally producing in a person powerful
-Threat immediately preceded the act (vague threats not sufficient) excitement, he loses his reason and self-control, thereby diminishing the exercise
of his will power.
Basis of par 4 is based on the diminution of intelligence and intent.
Requisites of passion or obfuscation:
Paragraph 5
1. There be an act, both unlawful and sufficient to produce such a condition
Requisites: of mind;
1. Grave offense done to one committing the felony (filial); 2. Act which produced the obfuscation was not far removed for the
commission of the crime by a considerable length of time, during which
2. Felony is committed in vindication of such grave offense. A lapse of time the perpetrator might recover his normal equanimity.
is allowed between the vindication and the doing of the grave offense.
*The act of the offended party must be unlawful or unjust
-Applies to grave offense committed against surviving spouse of deceased relative
*Exercise of a right or FOD is not a proper source of passion or obfuscation
- A lapse of time is allowed between the grave offense and the vindication.
*The act must be sufficient to produce such a condition of mind
Spanish text uses “proxima”
*No passion or obfuscation after half an hour and beyond
-Interval of time negating vindication
*Passion or obfuscation must arise from lawful sentiments
1. 9 mos before the killing, 2. Provocative remarks, 3. Stabbed deceased after 2
mos (Time interval is sufficient to recover serenity) *In spirit of lawlessness, In spirit of revenge
Provocation vs Vindication *The offender must act under the impulse of special motives
- Provocation is made directly to the accused, Vindication, grave offense *Obfuscation arising from jealousy; but when relationship is illegitimate – not
may be committed also against family. mitigating
- The offended party in vindication must have done a grave offense to the *The cause producing passion or obfuscation must come from the offended party
filial, provocation cause need not to be grave offense.
*Honest belief of the offender
- Provocation immediately preceded the act (no interval of time),
vindication of the offense may be proximate (interval of time) Basis of par 6, offender who acts with passion or obfuscation suffers a diminution of
his intelligence and intent.
Reason for difference – concerns the honor of a person
*Provocation and obfuscation arising from one and the same cause should be treated
Basis to determine the gravity of offense in vindication (social standing, place, and as only one mitigating circumstance
time)
*Vindication of grave offense cannot co-exist with passion and obfuscation
Considered grave offense: Sarcastic remark
*Exception – Where there are other facts, although closely connected
Basis of par 5 is on the diminution of the conditions of voluntariness.
*Passion or obfuscation compatible with lack of intent to commit so grave a wrong
*Grave offense must be directed to the accused
*Passion or obfuscation incompatible with treachery
*Vindication of a grave offense incompatible with passion or obfuscation
*Passion or obfuscation cannot co-exist with evident premeditation
Paragraph 6
Passion or obfuscation (PO) vs Irresistible force (IF) Requisites of a voluntary surrender:
1. PO is a mitigating circumstance, IF is a exempting circumstance a. Offender had not been actually arrested.
2. PO cannot give rise to IF since it require physical force b. Offender surrendered himself to a person in authority or to the latter’s
agent.
3. PO is in the offender himself, IF must come from a third person
c. Surrender was voluntary.
4. PO must arise from lawful sentiments, IF is unlawful
*Not mitigating when defendant was in fact arresteda
*The surrender is mitigating when warrant of arrest had not been served or not
Passion or obfuscation (PO) vs Provocation (P) returned of unserved because the accused cannot be located
*PO + P = Privileged Mitigating Circumstance *Voluntary surrender does not simply mean non-flight
*Jealousy + P = 2 PMC (no AC will lower the penalty by 1 period) *Time and place of surrender
*Praeter intentionem (only has OMC which has no effect if the penalty is indivisible *The surrender must be by reason of the commission of the crime for which
i.e. RP) defendant is prosecuted
-can be invoked even in murder, where the killing is unintentional but there is a *Surrender through an intermediary
qualifying circumstance attending the commission of the crime
*A surrender to be voluntary must be spontaneous (the idea of an inner impulse,
*reaching the min pen one can apply for parole (may/may not be granted) acting without external stimulus), showing the intent of the accused to submit
*Error in personae (has the effect of special mitigating) [Art 49] himself: (1) because he acknowledges his guilt, or (2) because he wishes to save them
the trouble
-difference of the crime actually committed and the crime intended (the lowest
penalty shall be imposed), it changes the penalty but NOT the nature of the crime Requisites of plea of guilty:
*If there is treachery (from homicide to murder) and the victim doesn’t die (serious 1. Offender spontaneously confessed his guilt;
injury) then it becomes qualified serious physical injuries && less physical injuries 2. The confession of guilt was made in open court;
(OAC) – treachery which is the means to employ a commission of a crime changes
the nature of the crime 3. The confession was made prior to the presentation of evidence for the
prosecution;
*Nighttime + Treachery – changes the nature of crime
*Plea of not guilty at the preliminary investigation is no plea at all
1. P comes from injured party, PO is produced by an impulse which may be
caused by provocation *With of plea of not guilty and pleading guilty before presentation of evidence by
prosecution is still ordinary mitigating (made at the first opportunity; conditional
2. P must immediately precede the commission of the crime, in PO only plea of guilty is not mitigating)
requires that the influence thereof lasts until the moment the crime is
committed *Plea of guilty to amended information (lesser than that charged in the original info
is mitigating)
3. The effect is the loss of reason and self-control on the part of the offender
(P & PO) *Plea of guilty to lesser offense that that charged, not mitigating
Two mitigating circumstances are provided in this paragraph: *Searching inquiry – guidelines are as follows:
2. Voluntary confession of guilt before the court prior to the presentation of *Plea of guilty is mitigating because it is an act of repentance and respect for the
evidence for the prosecution. law.
Basis of par 7 of voluntary surrender and plea of guilty is the lesser perversity of the *The condition of running amuck is not MC
offender.
*MC which are personal to the offender:
*Plea of guilty is not mitigating in culpable felonies and in crimes punished by
special laws (1) moral attributes from the offender, (2) private relations with the offended party,
or (3) any other personal cause
Paragraph 8
*QAC vs GAC
*Physical defect must restrict means of action, defense, or communication with
fellow beings 1. Effect of GAC cannot be offset by MC to increase the penalty which should be
imposed upon the accused to the maximum period
Basis of par 8 does not have complete freedom of action and, therefore, there is
diminution of that element of voluntariness. 2. QAC cannot be offset by MC; a GAC may be compensated by MC
Paragraph 9 3. QAC to be such must be alleged in the information, if not, it is a GAC only
1. That the illness of the offender must diminish the exercise of his will- *AC which do not have the effect of increasing the penalty
power * AC which are personal to the offenders
2. Such illness should not deprive the offender of consciousness of his acts * AC which depend for their application upon the knowledge of the offenders
*When the offender completely lost the exercise of will-power, it may be an * AC not presumed
exempting circumstance
ART 14: AGGRAVATING CIRCUMSTANCES
*Includes Illness of the mind
Aggravating Circumstances – are those which, if attendant in the commission of
Basis of par 9, there is diminution of intelligence and intent. the crime, serve to increase the penalty, without, however, exceeding the maximum
Paragraph 10 of the penalty provided by law for the offense.
*Over 60yrs old with failing sight, similar to over 70yrs of age mentioned in par 2 Based on the greater perversity of the offender manifested in the commission of the
felony as shown by: (1) motivating power itself, (2) the place of the commission, (3)
*Outraged feeling of owner of animal taken for ransom analogous to vindication of the means and ways employed, (4) the time, or (5) the personal circumstances of the
a grave offense offender/offended party.
*Outraged feeling of creditor similar to passion and obfuscation mentioned in par 6 Four kinds of AC:
*Impulse of jealous feeling, similar to passion and obfuscation 1. Generic (OAC) – generally apply to all crimes
*Battered Woman Syndrome == illness that diminishes the exercise of will power (repeat offending / habituality)
*Esprit de corps == PO i.e. Dwelling, nighttime, or recidivism
*Voluntary restitution of property == par 7 2. Specific (OAC) – apply to particular crimes
*Extreme poverty and necessity == incomplete justification based on state of i.e. Ignominy in crimes against chastity or cruelty and treachery in crimes
necessity against persons and not on property
*Testifying for the prosecution == plea of guilty 3. Qualifying – change the nature of the crime (thus penalty changes)
*Restitution in malversation case is only MC i.e. Alevosia (treachery) or evident premeditation qualifies the killing of a
person to murder
*Killing the wrong man != MC
4. Inherent (OAC) – must be necessity accompany the commission of the
*Not resisting arrest != voluntary surrender crime (Art 62 par 2)
i.e. Evident premeditation is inherent in robbery, theft, estafa, adultery, PRINCIPAL participation is indispensable v ACCOMPLICE participation
and concubinage is dispensable
5. Special – arise under special conditions to increase penalty (Art 62 – Hit & Run; ART 29: KINDS OF ACCESSORIES
Art 365 taking advantage of public position)
1. Profited or assisted the offender to profit by the effects of the crime (even
*craft will be absorbed in Estafa / Swindling when profited is personal or just the offender);
*if a crime (force upon things/violence) is already inherent in a crime (robbery), it 2. Concealed or destroyed the body of the crime (Corpus delicti is not limited
will not be counted to corpse but also the materials) or the effects or instruments thereof;
*Abuse of superior strength + treachery are counted as one 3. Harbored, concealed or assisted the escape of the principal, provided:
*No evident proof of the commission of the crime, there’s no treachery -accessory acts with his public function; OR
ART 15: ALTERNATIVE CIRCUMSTANCES -the guilty, parricide, murder, or attempt to assassinate CEO; OR
Aggravating: Rank, Age, Sex -the principal is a habitual criminal
Inherent if there is robbery using force upon things Exemption: Relationship with the offender will absolve the one who
harbored
The aggravating circumstance of disregard of rank, age, or sex is essentially
applicable only to crimes against persons or honor. Principal by inducement : i.e. “Kill him!”
1. Command – principal
*It does not apply to property such as the Special Complex of robbery with 2. Inspired – accomplice
homicide (PP v Nabaluna)
3. If the statement didn’t change the mind-set of the offender, he will not be
-main intent to commit crime is only robbery liable
Persons in authority (PA) v Public officers (PO) – aggravating, agents of persons in Light felony, no accessory
authority
ART 20: Art 120 & 332
ART 21: There’s no crime if there’s no law punishing it
PERSONS WHO ARE CRIMINALLY LIABLE
ART 22 PROSPECTIVITY – no ex post facto law
SET ASIDE the concept of Conspiracy
ART 23 ??
(Category of offenders in their participation of the crime)
1. PRINCIPALS
ART 24: WHAT ARE NOT PENALTIES?
a. By direct participation
1. Detention of accused (not accused – presumed innocent) persons;
b. By inducement participation (mastermind)
Conditions are worse than convicted
c. By indispensable cooperation
BJMP under DILG
2. ACCOMPLICES cooperate by previous or simultaneous acts (must have
knowledge & cooperate BUT no agreement necessary) 2. Detention & hospitalization of insane persons;
ACCOMPLICE v ACCESSORY {Timeline} 4. Suspension of employment during trial or in order to institute proceedings
To prevent him from using position in influencing the outcome of his case
5. Administrative fines as disciplinary measures;
6. Deprivation of rights and reparations