CRIMINAL LAW

CRIMINAL LAW The branch or division of law which

LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS
1. 2. 3. 4. Must not violate the equal protection clause on the constitution. Must not partake the nature of an ex post facto law. Must not partake of the nature of a bill of attainder Must not impose cruel and unusual punishment nor excessive fines. defines crimes. Treats of their nature and provides for the punishment.

CHARACTERISTICS OF CRIMINAL LAW

1. GENERAL, in that criminal law is binding on all persons who live or sojourn in Philippine territory. EXCEPTIONS: a. Those who are exempted by treaty stipulations. b. Those who are exempted by treaty stipulations. Those who are exempted by laws of preferential application. c. Those who are exempted by virtue of the principles of public internal law (such as sovereigns and other chiefs of state, ambassadors, ministers plenipotentiary, ministers resident, and their charges daffaires. But consults, vice-consuls and other commercial representatives of foreign nations do not posses the status of, and cannot claim the same privileges and immunities accorded to ambassadors and ministers (Wheaton, International Law).

2. TERRITORIAL, in that criminal laws of the Philippines, as a rule, are enforceable only within its territory. EXCEPTION: a. Those provided under Art. 2 of the Revised Penal Code. 3. PROSPECTIVE, in that a penal law cannot make an act punishable in a manner in which it was not punishable when committed. As provided in Article 366 of the Revised penal Code, crimes are punished under the laws in force at the time of their commission. EXCEPTION: a. When a new statute dealing with the crime established conditions more lenient or favorable to the accused, it can be given a retroactive effect.

BUT THIS EXCEPTION HAS NO

APPLICATION WHEN

a. The new law is expressly made inapplicable to pending actions or existing causes of actions. b. The offender is a habitual criminal.

ART. 2. APPLICATION OF ITS PROVISIONS

This article is an exception to the principle of Generality and Territoriality of penal laws. VESSELS A Philippine vessel or aircraft must be understood as that which is registered in the Philippine Bureau of Customs. Disorders which disturb only the peace of the ship or those on board are to be dealt with exclusively by the sovereignty of the home of the ship, but those which disturb the public peace may be suppressed, and, if need be the offenders punished by the proper authorities of the local jurisdiction In case vessels are in the ports or territorial waters of a foreign country, a distinction must be made between the merchant ships and warships. The former are more or less subjected to the territorial laws. Warships are always reputed to be the territory of the country to which they belong and cannot be subjected to the laws of another state.

ART. 3. FELONIES
GENERAL ELEMENTS OF FELONIES
1. That there must be an act or omission. But only external acts are punishable, internal acts are beyond the sphere of penal laws. 2. That the act or omission must be punishable by the Revised Penal Code; the reason being, nullum crimen, nulla poena sine lege there is no crime when there is no law punishing it. 3. That the act is performed or the omission incurred by means of dolo or culpa. CLASSIFICATION OF FELONIES ACCORDING TO THE MEANS BY WHICH THEY ARE COMMITTED 1. Intentional felonies- the act is performed with deliberate intent or malice. The offender, in performing the act or in incurring the omission, has the intention to cause an injury to another. REQUISITES OF DOLO OR MALICE: 1. FREEDOM 2. INTELLIGENCE;

3. INTENT while doing the act or omitting to do the act. Criminal intent is presumed from the commission of an unlawful act. 2. Culpable felonies- the act or Omission of the offender is not malicious. The injury caused by the offender to another person is unintentional, it being simply the incident of another act performed without malice. REQUISITES OF CULPA: Criminal intent is replaced by negligence and imprudence in felonies committed by means of culpa. Such negligence or indifference to duty or to consequence is, in law, equivalent to criminal intent. Hence, it is still consistent with the rule that a crime is not committed, if the mind of the person performing the act complained of be innocent. REASON FOR PUNISHING ACTS OF NEGLIGENCE: A man must use common sense, and exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent, if not from instinct, then through fear of incurring punishment.

3.

Mala Prohibita- this is the third class of crimes specifically punishable by SPECIAL LAWS, and where criminal intent (or criminal negligence) is not, as a rule, necessary--- it being sufficient that the offender has the intent to perpetrate the act prohibited by the special law.

When the doing of an act is prohibited by a special law, the act is injurious to public welfare and the doing of the prohibited act is the crime itself. The act alone, irrespective of its motives, constitutes the offense, and so good faith is not a defense. However, when the act penalized under the Special Law is inherently wrong, good faith and lack of criminal intent are valid defenses (People vs. Sunico).

ART. 4. CRIMINAL LIABILITY

One who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen, intended or not. REQUISITES FOR CRIMINAL LIABILITY FOR A FELONY, DIFFERENT FROM THAT INTENDED TO BE COMMITTED 1. That an Intentional felony has been committed; and

2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender (Proximate cause). PROXIMATE CAUSE- the cause, which, in natural and continuous sequence, unbroken by injury, and without which the result would not have occurred. One is NOT relieved from criminal liability for the natural consequences of ones illegal acts merely because one does not intend to produce such consequences, as long as the felony committed was the proximate cause.

CAUSES WHICH MAY PRODUCE A RESULT DIFFERENT FROM THAT INTENDED Error personae- mistake in the identity of the victim. Aberratio ictus- mistake in the blow Praeter intentionem- the injurious result is different from that intended MISTAKE OF FACT AS A DEFENSE REQUISITES 1. The act done would have been lawful had the facts been as accused believed them to be.

2. The intention of the accused in doing the act was lawful. 3. The mistake was without fault or carelessness on the part of the accused REQUISITES FOR AN IMPOSSIBLE CRIME 1. That the act performed would be an offense against persons or property 2. That the act was done with evil intent 3. That its accomplishment is inherently impossible, OR that the means employed is either inadequate or ineffectual. 4. That the act performed should not constitute a violation of another provision of the Revised Penal Code. The purpose of the law in punishing impossible crime is to teach the offender a lesson for his criminal perversity. There is no such thing as an attempted or frustrated impossible crime.

ART. 6. CONSUMMATED, FRUSTRATED AND ATTEMPTED FELONIES

STAGES OF OFFENSES 1. CONSUMMATED FELONY- a felony is consummated when all the elements necessary for its execution and accomplishment are present. Every crime has its own elements, which must all be present to constitute a culpable violation of a precept of law. 2. FRUSTRATED FELONY- it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence, but which nevertheless do not produce it, by reason of causes independent of the will of the perpetrator.

ELEMENTS: 1. The offender performs all the acts of execution. 2. All the acts performed would produce the felony as a consequence 3. But the felony is not produced 4. By reason of causes independent of the will of the perpetrator

The belief of the accused is NOT considered. What should be considered is whether all the acts of execution performed by the offender would produce the felony as a consequence. 3. ATTEMPTED FELONY- there is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony, by reason of some cause or accident other than his own
spontaneous desistance. ELEMENTS:

1. The offender commences the commission of the felony directly by overt acts 2. He does not perform all the acts of execution which should produce the felony 3. The offenders act be not stopped by his own spontaneous desistance; 4. The non-performance of all acts of execution was due to cause or accident other than his own spontaneous desistance.

 OVER ACTS: Some physical activity or deed, indicating to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated external obstacles, nor by voluntary desistance of the perpetrator will logically ripen into a concrete offense.

INDETERMINATE OFFENSE: One where the purpose of the offender in performing an act is not certain. The accused maybe convicted for a felony defined by the acts performed by him up to the time of desistance. Only offenders who personally executed the commission of a crime can be guilty of attempted felony. But one who takes part only in the planning of a criminal act, but desists in its actual commission, is as rule exempt from criminal liability.
FACTOR TO CONSIDER IN DETERMINING WHETHER THE FELONY IS ATTEMPTED, FRUSTRATED OR CONSUMMATED Nature of the offense Elements constituting the felony Manner of committing the felony

FORMAL CRIMES
--

consummated in one instant, no attempt. MATERIAL CRIMES

--

there are 3 stages of execution.

ART. 7. LIGHT FELONIES

General rule:
Light felonies are punishable only when they have been. consummated Exception: if committed against persons or property, punishable even if attempted or frustrated.

ART. 8. CONSPIRACY AND PROPOSAL TO COMMIT FELONY

REQUISITES OF CONSPIRACY: 1. That two or more persons came to an agreement; 2. That the agreement pertains to the commission of felony; and 3. That the execution of the felony be decided upon.

REQUISITES OF PROPOSAL: 1. That a person has decided to commit a felony ; and 2. That he proposes its execution to some other person or persons. TWO ASPECTS OF CONSPIRACY OR PROPOSAL TO COMMIT FELONY: A a manner of incurring criminal liability As a separate punishable offense

RULES ON CONSPIRACY OR PROPOSAL TO COMMIT A FELONY:

a. b. c. d. GENERAL RULE: mere conspiracy and proposal to commit a felony are not punishable. Reason for the rule: conspiracy and proposal to commit a crime are only preparatory acts. Exception: They are punishable in cases in which the law specially provides a penalty therefore. And when conspiracy is itself a crime no overt act is necessary to bring about criminal liability. But when conspiracy is only a basis for incurring criminal liability, there must be an overt act before the co-conspirators become criminally liable. In which case, the rule is that the act of one is the act of all.

Exception: if any of the co-conspirators would commit a crime not agreed upon, the same is NOT the act of all. Exception to the exception: But in acts constituting a single indivisible offense, all will be liable for a crime committed by one coconspirator, even though he performed different acts from that agreed upon in bringing about the composite crime. The others may only evade responsibility for any other crime outside of that agreed upon, if it is proved that the particular conspirator had tried to prevent the commission of such other act.

ART. 11. JUSTIFYING CIRCUMSTANCES

DEFINITIONS: 1. Justifying circumstances are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. There is no civil liability, except in par. 4 of Art. 11, where the civil liability is borne by the persons benefited by the act. 2. Confession and avoidance- the accused admits the offense charged but invokes justifying or exempting circumstances to evade the penalty.

SELF DEFENSE

REQUISITES: 1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent or repel it; and 3. Lack of sufficient provocation on the part of the person defending himself Unlawful aggression is equivalent to assault or at least threatened assault of an immediate and imminent kind. NOT considered unlawful aggression: a. Insulting words addressed to the accused no matter how objectionable they may have been, without physical assault, could NOT constitute unlawful aggression. b. A mere threatening or intimidating attitude, not preceded by an outward and material aggression, is NOT unlawful aggression, because is it required that the act be offensive and positively strong, showing the wrongful intent of the aggressor to cause an injury.

 Necessity must be both on the means employed and the action taken.

Reasonableness of the means employed depends upon the nature and quality of the (1) weapon used by the aggressor, and (2) his physical condition, character, size and other circumstances, (3) and those of the person defending himself, (4) and also the place and occasion of the assault.
NOT required for reasonable necessity: Perfect equality between the weapons used by the one defending himself and that of the aggressor is not required, nor material commensurability between the means of attack and defense. Reason: This is because the person assaulted does not have sufficient tranquility of mind to think and to calculate. Reason why penal law makes self-defense lawful: it would be quite impossible for the State in all cases to prevent aggression upon its citizens (and even foreigners) and offer protection to the person justly attacked. On the other hand, it cannot be conceived that a person should succumb to an unlawful aggression without offering any resistance.

1.

2.

Rights included in self-defense: Self-defense includes not only the defense of the person or body of the one assaulted but also that of his rights, the enjoyment of which is protected by law. Includes the right to honor. Hence, a slap on the face is considered as lawful aggression directed against the honor of the actor. Includes defense of property rights, only if there is also an actual and imminent danger on the person of the one defending.

DEFENSE OF RELATIVES
RELATIVES THAT CAN BE DEFENED: 1. Spouse 2. Ascendants 3. Descendants 4. Legitimate, natural or adopted brothers and sisters or relatives by affinity in the same degrees. 5. Relatives by consanguinity within the fourth civil degree

That fact that the relative defended gave provocation is immaterial. As long as the one making the defense had no part therein.

DEFENSE OF STRANGER
WHO ARE DEEMED STRANGERS? Any person not included in the enumeration of relatives mentioned in paragraph 2 of this article, is considered stranger for the purpose of paragraph 3. Hence, even a close friend or a distant relative is a stranger within the meaning of paragraph 3. NOTE: The one invoking this must not be induced by revenge, resentment or other evil motive.

AVOIDANCE OF GREATER EVIL OR INJURY

The greater evil must not be brought about by the negligence or imprudence of the actor. Civil liability referred to in a state of necessity is based not on the act committed, but on the benefit derived from the state of necessity.

a. So the accused will not be civilly liable if he did not receive any benefit from the state of necessity. b. On the other hand, persons who did not participate in the damage or injury would be pro tanto civilly liable if they derived benefit out of the state of necessity.

FULFILLMENT OF DUTY; OR LAWFUL EXERCISE OF RIGHT OR OFFICE

REQUISITES: 1. That the accused acted in the performance of a duty or in the lawful exercises of a right of office; 2. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office.

OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE

REQUISITES: 1. That an order has been issued by a superior 2. That such order must be for some lawful purpose 3. That the means used by the subordinate to carry out said order is lawful Both the person who gives the order and the person who executes it must be acting within the limitations prescribed by law.

ART. 12. EXEMPTING CIRCUMSTANCES

DEFINITION: 1. Exempting circumstances (or the circumstances for nonimputability) are those grounds for exemption from punishment, because there is wanting in the agent of the crime any of the conditions which makes the act voluntary, or negligent.

BASIS: The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. IMBECILITY OR INSANITY 1. Insanity imbecility exist when there is a complete deprivation of intelligence in committing the act, that is the accused is (1) deprived of reason, he acts without the least discernment, or that (2) there is a total deprivation of freedom of the will. an imbecile is exempt in all cases from criminal liability. 2. But an insane person is not so exempt if it can be shown that he acted during a lucid interval. 3. Also when the accused was sane at the time of the commission of the crime, but he becomes insane at the time of the trial, he is criminally liable. The trial, however, will be suspended until the mental capacity of the accused is restored, in order to afford him a fair trial.

 1. 2.

2 TESTS OF INSANITY: Test of COGNITION- complete deprivation of intelligence in committing the crime. Test of VOLITION- total deprivation of freedom of will. PERSON UNDER NINE YEARS OF AGE

An infant under the age of nine years is absolutely and conclusively presumed to be incapable of committing a crime.

PERSON OVER NINE YEARS OF AGE AND UNDER FIFTEEN, ACTING WITHOUT DISCERNMENT 1. Discernment means mental capacity (I.e. of consequences of an unlawful act. 2. Discernment may be shown was committed, or (2) the conduct of the offender after its commission.

A PERSON WHO WHILE PERFORMING A LAWFUL ACT WITH DUE CARE, CAUSES INJURY, BY MERE ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT 1. Accident is something that happens outside the sway of our will, Land although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences.

2.

An accident presupposes lack of intention to commit the wrong done. A PERSON WHO ACTS UNDER THE COMPULSION OF AN IRRESISTIBLE FORCE ELEMENTS: 1. That the compulsion is by means of physical force. 2. That the physical force must be irresistible. 3. That the physical force must come from a third person. The irresistible force must never consist in an impulse or passion, or obfuscation. It must consist of an extraneous force coming from a third person. A PERSON WHO ACTS UNDERTHE IMPULSE OF UNCOTROLLABLE FEAR OF AN EQUAL OR GREATER INJURY ELEMENTS:

1. That the threat which causes the fear is of an evil greater than, or at least equal to, that which he is required to commit;
2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it.

 Duress as a valid defense should be based on real, imminent, or reasonable fear for ones life or limb and should not be speculative, fanciful, or remote fear. Hence, duress is unavailing where the accused had every opportunity to run away if he had wanted to or to resist any possible aggression because was also armed.

DISTINGUISHED FROM IRRESISTIBLE FORCE:

in irresistible force (par. 5), the offender uses violence or physical force to compel another person to commit a crime; in uncontrollable fear (par. 6), the offender employs intimidation or threat in compelling another to commit a crime. A PERSON WHO FAILS TO PERFORM AN ACT REQUIRED BY LAW, WHEN PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE. ELEMENTS:

1. That an act is required by law to be done

2. That a person fails to perform such act was due to some lawful or insuperable cause 3. That his failure to perform such act was due to some lawful or insuperable cause.

ABSOLUTORY CAUSES DEFINITION: absolutory causes are those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed such as: 1. Spontaneous desistance (Art.6) 2. Accessories who are exempt from criminal liability (Art. 20) 3. Death or physical injuries under exceptional circumstances (Art. 247) 4. Emergency and service to humanity in Trespass to Dwelling (Art. 280 par. 3) 5. Persons exempt from criminal liability in theft, swindling and malicious mischief (Art. 332) 6. Marriage to offended party in certain crimes (Art. 334;Art. 266-C) 7. Instigation is an absolutory cause.

REASON: An instigator practically induces the would-be accused into the commission of the offense, and himself becomes a coprincipal. Sound public policy requires that the courts condemn this practice by directing the acquittal of the accused.

ART. 13. MITIGATING CIRCUMSTANCES

DEFINITION: 1. Mitigating circumstances are those which, it present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty. BASIS: Mitigating circumstances are based on the diminution of either freedom of action, intelligence, or on the lesser perversity of the offender.

CLASSES OF MITIGATING CIRCUMSTANCES

1. ORDINARY MITIGATING- those enumerated in subsection 1 of Art. 13 are ordinary mitigating circumstances, if Art. 69, for instance, is not applicable.

2. PRIVILEGED MITIGATING- see Arts. 68, 69 and 64 of the RPC.

PARAGRAPH 1: INCOMPLETE JUSTIFYING OR EXEMPLTING CIRCUMSTANCE

1. Applies, when all the requisites necessary to justify the act are not attendant.
2. But in the case of incomplete self-defense, defense of relatives, and defense of stranger, unlawful aggression must be present, it being an indispensable requisite. PARAGRAPH 2: UNDER 18, OR OVER 70 YEARS OLD LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER: 1. Under 9 years of age, an exempting circumstance. 2. Over 9 and under 15 years of age, acting without discernment is also an exempting circumstance. 3. Minor delinquent (under 18 years of age), the sentence may be suspended; 4. Under 18 years of age, privileged mitigating circumstance; 5. 18 years over, full criminal responsibility;

6. 70 years or over, mitigating circumstance, no imposition of death penalty, execution of death sentence if already imposed is suspended and commuted. Paragraph 3: NO INTENTION TO COMMIT SO GRAVE A WRONG 1. If the offender had no intention to commit so rave a wrong as that committed, he is entitled to mitigating circumstance. This can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences. 2. This paragraph is not applicable to culpable felonies.

PARAGRAPH 4: PROVOCATION OR THREAT

DEFINITION: PROVOCATION is understood as any unjust or improper conduct or act of the offended party capable of exciting, inciting, or irritating any one. REQUISITES: 1. That the provocation must be sufficient. 2. That it must originate from the offended party.

3. That the provocation must be immediate to the commission of the crime by the person who is provoked. The threat should not be offensive and positively strong. Otherwise, the threat to inflict real injury is an unlawful aggression which may give rise to self-defense. PARAGRAPH 5: VINDICATION OF GRAVE OFFENSE REQUISITES: 1. That there be a grave offense done to the one committing the felony (offender), his spouse, ascendants, descendants,legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees; 2. That the felony is committed in vindication of such grave offense.

Immediate vindication means proximate. Hence, a lapse of time is allowed between the vindication and the doing of the grave offense.

PARAGRAPH 6: PASSION OR OBFUSCATION REQUISITES: 1. The accused acted upon an impulse. 2. The impulse must be so powerful that it naturally produced passion or obfuscation in him.

REASON: When there are causes naturally producing in a person powerful excitement, he loses his reason and self-control, thereby diminishing the exercise of his will power.
EXCEPTIONS: But even when there is actually passion or obfuscation on the part of the offender, there is no mitigating circumstance if: (a) the act is committed in a spirit of lawlessness; or (b) The act is committed in a spirit of revenge. PARAGRAPH 7: SURRENDER AND CONFESSION OF GUILT TWO MITIGATING CIRCUMSTANCES ARE PROVIDED IN THIS PARAGRAPH: 1. Voluntary surrender to a person in authority or his agents. 2. Voluntary confession of guilt before the court; prior to the presentation of evidence for the prosecution.

REQUISITES OF VOLUNTARY SURRENDER: 1. That the offender had not been actually arrested 2. That the offender surrendered himself to a person in authority or to the latters agent 3. That the surrender to be appreciated. The same must be spontaneous in such a manner that it shows the interest of the accused to surrender unconditionally to the authorities. REQUISITES OF VOLUNTARY PLEA OF GUILTY: 1. That the offender spontaneously confessed his guilt; 2. That the confession of guilt was made in open court, that is before the competent court that is to try the case; and 3. That the confession of guilt was made prior to the presentation of evidence for the prosecution. Meaning, plea of guilty in the RTC in a case appealed from the Municipal Court is not mitigating, because the plea of a guilty must be made at the first opportunity

PARAGRAPH 8: PHYSICAL DEFECT OF THE OFFENDER DEFINITION: Physical defect referred to in this paragraph is such as being armless, cripple, or defend himself, or to communicate with his fellow human beings, is limited. However, it is essential that the physical defect has some relation to the crime committed by him.

PARAGRAPH 9: ILLNESS OF THE OFFENDER

REQUISITES: 1. That the illness of the offender diminishes the exercises of his will power.

2. That such illness should not deprive the offender of consciousness of his acts. PARAGRAPH 10: SIMILAR AND ANALOGOUS CIRCUMSTANCES
This paragraph authorizes the court to consider in favor of the accused any other circumstance of a similar nature and analogous to those mentioned in paragraphs 1 to 9 of article 13.

ART. 14 AGGRAVATING CIRCUMSTANCES

DEFINITION:
1. Aggravating circumstances are those which if attendant in the commission of the crime, serve to increase the penalty without, however,exceeding the maximum of the penalty provided by law for the offense. BASIS: They are based on the greater perversity of the offender manifested in the commission of the felony, as shown by (1) the motivating power itself, (2) the place of commission, (3) the means and ways employed, (4) the time, or (5) the personal circumstances of the offender, or of the offended party. FOUR KINDS OF AGGRAVATING CIRCUMSTANCES 1. GENERIC- those that can generally apply to all crimes USUALLY: dwelling; nighttime; recidivism ENUMERATED: 1.Advantage taken of public position

2. Contempt or insult to public authorities 3. Commission in the dwelling of the offended party 4. Abuse of confidence; or obvious ungratefulness 5. Places of commission 6. Nighttime; uninhabited place; or band 7. Recidivism 8. Reiteration 9. Craft, fraud, or disguise 10. Unlawful entry 11. By breaking wall, etc. 12. Aid of a minor 2. SPECIFIC- those that apply only to particular crimes. USUALLY: ignominy in crimes against chastity; or cruelty and treachery in crimes against persons. ENUMERATED: 1. Disregard of rank, age, or sex of offended party 2. Superior strength; or means to weaken the defense

3. Treachery 4. Ignominy 5. Cruelty 6. Use of unlicensed firearm in murder or homicide 3. QUALIFYING- those that change the nature of the crime. EXAMPLES: Alevosia, or evident premeditation qualifies the killing of a person to murder. 4. INHERENT- those that must, of necessity, accompany the commission of the crime. EXAMPLE: Evident premeditation is inherent in robbery, theft, estafa, adultery, or concubinage. MODIFICATIONS IN THE APPLICATION OF SOME AGGRAVATING CIRCUMSTANCES 1. Acs WHICH DO NOT HAVE THE EFFECT OF INCRESING THE PENALTY. Hence, (a) those which in themeselves, constitute a crime specially punishable by law, and (b) those which are included by the law in defining a crime and prescribing the penalty therefore, shall NOT be taken into account for the purpose of increasing the Penalty

2. ACs, WHICH ARE PERSONAL TO THE OFFENDERS. Hence, those which arise: a) from the moral attributes of the offender, or b) from his private relations with the offended party, or c) from any other personal cause, shall only serve to aggravate the liability of the principals, accomplices, and accessories as to whom such circumstances are ATTENDANT. 3. Acs WHICH DEPEND FOR THEIR APPLICATION UPON THE KNOWLEDGE OF THE OFFENDERS. Hence, those which consist 1) in the material execution of the act, or 2) in the means employed to accomplish it, shall serve to aggravate the liability of those persons only who had KNOWLEDGE of them at the time of the execution of the act their cooperation therein. PARAGRAPH 1: ADVANTAGE TAKEN OF PUBLIC POSITION 1. ESSENCE: The public officer must use the influence, prestige, or ascendancy, which his office gives him, as the means by which he realizes his purpose. The essence of the matter is presented in the inquiry, Did the accused abuse his office in order to commit the crime?

2. NOT APPLIED: the circumstance, taking advantage of public position cannot be taken into consideration into consideration in offenses where taking advantage of official position is made by law an integral element of the crime, such as in MALVERSATION under Art. 217, or in FALSIFICATION OF DOCUMENT COMMITTED BY PUBLIC OFFICERS UNDER ART. 171. Also, this ACCESSORIES UNDER ART. 19, PAR 3, and in CRIMES COMMITTED BY PUBLIC OFFICERS. PARAGRAPH 2: CONTEMPT OR INSULT TO PUBLIC AUTHORITIES REQUISITES: 1. That the public authority is engaged in the exercise of his functions. 2. That he who is thus engaged is NOT the person against whom the crime is committed. 3. The offender knows him to be a public authority. 4. His presence has not prevented the offender from committing the criminal act. If the crime is committed against a public authority while he is in the performance of his official duty, the offender commits direct assault.

 Knowledge that a public authority is present is essential. DEFINITION: A public Authority, sometimes also called a person in authority, is a public officer who is directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws. Under the decided cases, a municipal mayor, a barangay captain, or a barrio captain is a person in authority or a public authority. Even a school teacher is now considered a person in authority under CA 578. So is a municipal councilor, a municipal health officer, a nurse, or a BIR agent. However, additional persons in authority under Art. 152 is only for purposes of direct assault and resistance. The chief of police should therefore be considered a public authority or a person in authority, for he is vested with jurisdiction or authority to maintain peace and order and is specifically duty bound to prosecute and to apprehend violators of the laws and municipal ordinances, more than the aforementioned officials who cannot prosecute, and who are not even enjoined to arrest malefactors, although they are specifically mentioned as persons in authority by the decided cases and by Art. 152 of the PRC as amended.

PARAGRAPH 2: CONTEMPT OR INSULT TO PUBLIC AUTHORITIES REQUISITES: 1. That the public authority is engaged in the exercise of his functions. 2. That he who is thus engaged in the exercise of said functions is NOT the person against whom the crime is committed. 3. The offender knows him to be a public authority. 4. His presence has not prevented the offender from committing the criminal act. If the crime is committed against a public authority while he is in the performance of his official duty, the offender commits direct assault. Knowledge that a public authority is present is essential.

DEFINITION: A public Authority, sometimes also called a person in authority, is a public officer who is directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws.

 Under the decided cases, a municipal mayor, a barangay captain, or a barrio captain is a person in authority or a public authority. Even a school teacher is now considered a person in authority under CA 578. So is a municipal coucilor, a municipal health officer, a nurse, or a BIR agent. However, additional persons in authority under Art. 152 is only for purposes of direct assault and resistance. The chief of police should therefore be considered a public authority, for he is vested with jurisdiction or authority to maintain peace and order and is specifically duty bound to prosecute and to apprehend violators of the laws and municipal ordinances, more than the aforementioned officials who cannot prosecute, and who are not even enjoined to arrest malefactors, although they are specifically mentioned as persons in authority by the decided cases and by Art. 152 of the RPC as amended. PARAGRAPH 3: DISREGARD OF RANK, AGE, OR SEX OF OFFENDED PARTY; OR COMMISSION IN THE DWELLING OF THE OFFENDED PARTY If all the four circumstances enumerated in this paragraph are present, they have the weight of only one aggravating circumstance only.

A. That the act be committed with insult or in disregard of the respect due the offended party on account of theDEFINITIONS: a. Rank of the offended party. There must be a difference in the social condition of the offender and the offended party. b. Age of the offended party. Applies to cases where the victim is of tender age as well as of old age. c. Sex of the offended party. This refers to the female sex, not to the male sex. This circumstance (rank, age, or sex) is applicable only in crimes against persons or honor. DISREGARD OF RANK, AGE, OR SEX IS NOT AGGRAVATING IN THE FOLLOWING CASES: a. When the offender acted with passion and obfuscation. b. When there exists a relationship between the offended party and the offender. c. When the condition of being a woman is indispensable in the commission of the crime. Thus, in (1) parricide, (2) abduction, (3) seduction and (4) rape in Art. 266-A par. 1, sex is not aggravating.

 Is disregard of sex absorbed in treachery? There were 2 different rulings. 1. The earlier one says, disregard of sex is absorbed in treachery. 2. The later one says: the aggravating circumstance of disregard of sex and age are NOT absorbed in treachery because treachery refers to the manner of the commission of the crime, while disregard for sex and age pertains to the relationship to the victim. B. That the crime be committed in the dwelling of the offended party. 1. REASON for aggravating the commission of the crime in ones dwelling? a. The Abuse of confidence which the offended party reposed in the offender by opening the door to him; or b. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner.

2. DEFINITIONS Dwelling must be a building or structure exclusively used for rest and comfort. It includes dependencies, the foot of the staircase and enclosure under the house. PARAGRAPH 4: ABUSE OF CONFIDENCE; OPR OBVIOUS UNGRATEFULNESS REQUISITES: 1. That the offended party had trusted the offender. 2. That the offender abused such trust by committing a crime against the offended party. 3. That the abuse of confidence facilitated the commission of the crime; OR 4. That the act be committed with obvious ungratefulness.

The confidence between the offender and the offended party must be immediate and personal.

PARAGRAPH 5: PLACES OF COMMISSION

The place of of the commission of the felony (par. 5), if it is Malacaang palace or a church, is aggravating, regardless of whether State or official or religious functions are being held. BUT there is a decided case to the effect that the offender must have the intention to commit a crime when he entered the place; I.e. she must have murder in her heart
The Chief executive need not be in any place where the crime is committed is enough to constitute the aggravating circumstance, even if he is not engaged in the discharge of his duties in the place. For the other public authorities, they must be actually engaged in the performance of duty. PARAGRAPH 6: NIGHTTIME; UNIHABITED PLACE; OR BAND NIGHT TIME, UNINHABITED PLACE OR BAND IS AGGRAVATING1. When it facilitated the commission of the crime; or 2. When it was especially sought for by the offender to insure the commission of the crime or for the purpose of impunity; or

3. When the offender took advantage thereof for the purpopse of impunity. DEFINITIONS: 1. For The purpose of impunity means to prevent his (accuseds) being recognized, or to secure himself against detection and punishment. 2. Nighttime is the period of darkness beginning at the end of dusk and ending at dawn. Nighttime by and of itself is not necessarily aggravating. TESTS: (1) the commission of the crime must begin and be accomplished in the nighttime; or (2) the offense must be actually be committed in the darkness of the night. 3. An uninhabited place is one where there are no houses at all, a place at a considerable distance from town, or where the houses are scattered at a great distance from each other. [TEST OF UNINHABITED PLACE] But wether or not the crime is attended by this aggravating circumstance should be determined not by the distance of the nearest house from the scene of the crime, but whether or not in tyhee place of the commission of the offense there was a reasonable possibility of the victim receiving some help. [TEST OF WHETHER OR NOT AGGRAVATING]

4. BAND Whenever more than three armed malefactors shall have acted together in the commission of an offense it shall be deemed to have been committed by a band. Acted together means direct part in the execution of the act constituting the crime. Hnce, if one of the four armed men is a principal by inducement only, they do not form a band, because a principal by inducement connotes that he has no direct participation in the preparation therof. BAND IS AGGRAVATING IN: (a) crimes against property (except in brigandage, because it is inherent; (b) crimes against persons (note rape, which is already a crime against persons), (C) illegal detention, and; (d) treason. PARAGRAPH 7: ON OCCASION OF CALAMITY OR MISFORTUNE THE REASON for the existence of this circumstance is found in the debased form of criminality men in one who, in the midst of a great suffering by taking advantage of their misfortune to despoil them.

PARAGRAPH 8: AID OF ARMED MEN, ETC. REQUISITES: 1. That armed men or persons took part in the commission of the crime, directly or indirectly. 2. That the accused availed himself of their aid or relied upon them when the crime was committed. Exceptions: This aggravating circumstance shall not be considered when both the attacking party and the party attacked were equally armed.

2. This aggravating circumstance is not present when the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose. DISTINCTIONS: BETWEEN PAR 8 (WITH AID OF ARMED MEN) AND PAR. 6 (BY A BAND)
By a band requires that more than three armed malefactors shall have acted together in the commission of an offense. Aid of armed men is present even if one of the offenders merely relied on their aid, for actual aid is not necessary.

PARAGRAPH 9: RECIDIVIST

DEFINITION:
Recidivist is one who, at the time of his trial for one crime shall have been previously convicted by final judgement of another crime embraced in the same title of the Revised Penal Code.

REQUISITES:
1. That the offender is on trial for an offense; 2. That he was previously convicted by final judgement of another crime; 3. That both the first and the second offenses are embraced in the same title of the code; 4. That the offender is convicted of the new offense. There is no recidivism if the subsequent conviction is for an offense involved in the prior conviction.

 When one offense is punishable by an ordinance or special law and the other by the Revised Penal Code, recidivism cannot be applied; the two offenses are not embraced in the same ttle of the Code. Recidivism must be taken into account as an aggravating circumstance no matter how many years have intervend between the first and second felonies. PARAGRAPH 10: REITERACION OR HABITUALITY REQUISITES: 1. That the accused is on trial for an offense; 2. That he previously served sentence for another offenseto which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches lighter penalty than that for the new offense. 3. That he is convicted of the new offense. FOUR FORMS OF REPETITION Recidivism (Par. 9, Art. 14)

2. Reiteracion or habituality 3. Multi-recidivism or habitual delinquency 4. Quasi-Recidivism PARAGRAPH 11: PRICE, REWARD, OR PROMISE 1. When this aggravating circumstance is present, there must be two or more principals, the one who gives or offers the price or promise and the one who accepts it.

2. The evidence must show that one of the accused used money or other valuable consideration for the purpose of inducing another to perform the deed.
PARAGRAPH 12: BY MEANS OF INUDATION, FIRE, ETC. Any of the circumstances in paragraph 12 cannot be considered to increase the penalty or to change the nature of the offense unless used by the offender as a means to accomplish a criminal purpose.

PARAGRAPH 13: EVIDENT PREMEDITATION

ESSENCE:
The essence of premeditation is that the execution of the criminal act must be preceeded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment. REQUISITES: 1. The time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; and 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. CONSPIRACY GENERALLY PRESUPPOSES PREMEDITATION Exception: but when conspiracy is only implied, the evident premeditation may not be appreciated from the mere conspiracy.

PARAGRAPH 14: CRAFT, FRAUD, OR DISGUISE

DEFINITIONS:
1. Craft involves the use of intellectual trickery or cunning on the part of the accused. 2. Fraud involves the use of insidious words and machination, used to induce the victim to act in a manner, nwhich would enable the offender to carry out his design. 3. Disguise invloves resort to any device in in order to conceal identity.

Craft distinguished from fraud

When there is a direct inducement by insidious words of machinations, fraud is present ; otherwise, the act of the accused done in arder not to arouse the suspicion of the victim constitutes craft.
PARAGRAPH 15: SUPERIOR STRENG; OR MEANS TO WEAKEN DEFENSE 1. Superior strength- to take advantage of superior strength means to use purposely, excessive force out of proportion to the means of defense available to the person attacked.

PARAGRAPH 15: SUPERIOR STRENG; OR MEANS TO WEAKEN DEFENSE 1. Superior strength- to take advantage of superior strength means to use purposely, excessive force out of proportion to the means of defense available to the person attacked. The aggravating circumstance of abuse of superior strength depends on the age, size, and strength lof the parties. TEST: It is considered whenever there is a notorious inequality of forces between the victim and aggressor, assessing a superiority of strength notoriously advantageous for the aggressor, which is selected or taken advantage of by him in the commission of the crime. 2. Means to weaken the defense- the offender employs means to materially weaken the resisting power of the offended party. PARAGRAPH 16: TREACHERY MEANING OF TREACHERY: 1. There is, treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.

The characteristic and unmistakable manifestation of treachery is the deliberate, sudden and unexpected attack of the victim, without any warning, and without giving him an opportunity to defend himself, or repel the initial assault.

2. Treachery means that the offended party was not given opportunity to make a defense.
Killing a child is characterized by treachery, because the weakness of the victim due to his tender age results in the absence of any danger to the accused.

SOME RULES ON TREACHERY

CODE: (P-ICTAN) 1. Applicable only to crimes against the persons 2. Means, methods, or forms need not insure accomplishment of crime. 3. The mode of attack must be consciously adopted. 4. Must be present at the proper time. SUMMARY OF THE RULES ON WHEN TREACHERY MUST BE PRESENT: a. When the aggression is continuous, treachery must be present in the beginning of the assault.

b.

When the assault was not continuous in that there was an interruption, it is sufficient that treachery was present at the moment the fatal blow was given.

5. Treachery absorbs abuse of superior strength, aid of armed men, by a band and means to weaken the defense. 6. Nighttime forms part, of the peculiar treacherous means and manner adopted to insure the execution of the crime. PARAGRAPH 17: IGNOMINY DEFINITIONS: 1. IGNOMINY- a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. 2. It must tend to make the effects of the crime more humiliating or to put the offended party to shame. WHERE APPLICABLE: This aggravating circumstance is applicable to (a) crimes against chastity, (b) less serious physical injuries, (c) light or grave coercion, (d) and murder. NOTE: The Supreme Court considered ignominy in the crime of rape .

PARAGRAPH 18: UNLAWFUL ENTRY

There is unlawful entry when an entrance is effected by a way not intended for the purpose. It must be a means to effect entrance and not for escape.
PARAGRAPH 19: BY BREAKING WALL, ETC. To be considered as an aggravating circumstance, breaking the door must be utilized as a means to the commission of the crime. PARAGRAPH 20: AID OF MINOR (UNDER 15 YEARS); OR BY MEANS OF MOTOR VEHICLES, ETC. TWO DIFFERENT CIRCUMSTANCES ARE GROUPED IN THIS PARAGRAPH. The first one tends to repress the frequent practice resorted to by professional criminals to avail themselves of minors taking advantage of their irresponsibility; while the second one is intended to counteract the great facilities found by modern criminals in said means to commit crime, and then flee and abscond once the same is committed.

PARAGRAPH 21: CRUELTY ESSENCE: THERE IS CRUELTY when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act. REQUISITES:

1. That the injury caused be deliberately increased by causing other wrong;

2. That the other wrong be unnecessary for the execution of the purpose of the offender. For cruelty to be aggravating, it is essential that the wrong done was intended to prolong the suffering of the victim, causing him unnecessary moral and physical pain. Ignominy (par. 17) involves moral suffering, while cruelty (par. 21) refers to physical suffering.

ART. 15 ALTERNATIVE CIRCUMSTANCES

DEFINITION:
Alternative circumstances are those, which must be taken into consideration as aggravating or mitigating, according tho the nature and effects of the crime and the other conditions attending its commission THE ALTERNATIVE CIRCUMSTANCES ARE: 1. Relationship 2. Intoxication

3. Degree of instruction
RELATIONSHIP The alternative circumstance of relationship shall be taken into consideration when the offended party is the CODE: (SABA) Spouse Ascendant

3. Descendant 4. Legitimate natural or adopted brother or sister, or relative by affinity in the same degree, of the offender. The relationship of the stepfather or stepmother and stepson or stepdaughter is included by analogy to that of ascendant and descendant. WHEN MITIGATING AND WHEN AGGRAVATING: The law is silent as to when mitigating and when aggravating. 1. MITIGATING: As a rule, relationship is mitigating in crimes against property, by analogy to Art. 332 regarding Persons excempt from criminal liability. OF COURSE in view of Art. 332, when the crime committed is: (a) theft (b) estafa or, (c) malicious mischief, relationship is exempting, and not merely mitigating. 2. AGGRAVTING: it is aggravating in crimes against persons in cases where the offended is relative of a higher degree than the offender, or when the offender and the offended party are relatives of the same level, such killing a brother-in-law, a halfbrother,or an adopted brother.

 In crimes against chastity, relationship is always aggravating, regardless of whether the offender is a relative of a higher or lower degree of the offended party. However, rellationship is neither mitigating nor aggravating, when relationship is an element of the offense. INTOXICATION By state of intoxication is meant that the offenders mental faculties must be affected by drunkenness. WHEN MITIGATING AND WHEN AGGRAVATING: 1. Mitigating, if intoxication is (1) not habitual, or 2) not subsequent to the plan to commit a felony. 2. Aggravating if intoxication is 1) habitual, or 2) if it is intentional (subsequent to the plan to commit a felony).

DEGREE OF INSTRUCTION AN EDUCATION OF THE OFFENDER

Low degree of instruction and education or lack of it is generally mitigating. High degree of instruction and education is aggravating, when the offender availed himself of his learning in committing the crime.

Lack of instruction or low degree of it, is appreciated as mitigating circumstance in almost crimes. EXCEPT in crimes, which sre inherently wrong, of which every rational being is endowed to know and feel.

ART. 16. PERSONS WHO ARE CRIMINALLY LIABLE

GRAVE AND LESS GRAVE FELONIES: 1. Principals 2. Accomplices 3. Accessories
LIGHT FELONIES:

1. Principals 2. Accomplices The treble division of persons criminally liable rests upon the very nature of their participation. The classification of the offenders as principal, accomplice, or an accessory is tue only under the PRC but not in the special laws because the penalties under the later are never graduated

RULES RELATIVE TO LIGHT FELONIES Punishable only when they have been consummated. EXCEPT when committed against persons or property, in which case they are also punishable even if they were only in the attempted or frustrated stage. 2. There are no accessories even if they are commited against persons or property. Tow parties in all crimes ACTIVE subject (the criminal)

2. PASSIVE subject (the injured party)

As a rule, only natural persons can be the active subjects of a crime because the PRC requires that the culprit should have acted with personal malice or negligence. A juridical person cannot act with malice or negligence.

ART. 17. PRINCIPALS

KINDS OF PRINCIPALS 1. PRINCIPAL BY DIRECT PARTICIPATION- personally takes part in the execution of the act constituting the crime.

REQUISITES:

1. That they participated in the criminal resolution. 2. That they carried out their plan and personally took part in its execution by acts whioch directly tended to the same end
2. PRINCIPAL BY INDUCTION- the principal by induction becomes liable only when the principal by direct participation committed the act induced. TWO WAYS OF BECOMING A PRINCIPAL BY INDUCTION: 1. Directly forcing another to commit a crime, or 2. Directly inducing another to commit a crime Two ways of directly forcing another to commit a crime: 1. By giving price, or offering reward or promise 2. By using words of command REQUISITES OF #1 (Principal by inducement, through giving price, etc): In order that a person maybe convicted as a principal by inducement, the following requisites must be present

1. That the inducement be made directly with the intention of procuring the commission of the crime; and 2. That such inducement be the determining cause of the commission of the crime by the material executor REQUISITES OF #2 (Principal by inducement, through words of command): In order that a person using words of command maybe held liable, the following requisites must be present--1. That the one uttering the words of command must have the intention of procuring the commission of the crime. 2. That the one who made the command must have an ascenancy or influence over the person who acted 3. That the words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion 4. The words of command must be uttered prior to the commission of the crime 5. The material executor of the crime has no personal reason to commit the crime

EFFECT OF ACQUITTAL OFONE OF THE CO-CONSPIRATORS TO THE OTHER CO-CONSPIRATORS: As a rule, the acquittal of one of the co-conspirators redounds to the benefit of the other co-conspirators EXCEPT when the acquittal is due to circumstances personal to the accused, like exempting circumstances PRINCIPALS BY INDISPENSABLE COOPERATION REQUISITES: 1. Participation in the criminal resolution, that is there is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged; and 2. Cooperation in the commission of the offense by performing another act, without which it would not have been accomplished

COLLECTIVE CRIMINAL RESPONSIBILITY

There is collective criminal responsibility when the offenders are criminally liable in the same manner and to the same extent. The penalty to be imposed must be the same for all.

INDIVIDUAL CRIMINAL RESPONSIBILITY In the absence of previous conspiracy, unity of criminal purpose, and intention, immediately before the commission of the crime, or community of the criminal responsibility arising from different acts directed against one and the same person is individual and not collective, and each of the participants is liable only for the act committed by him.

ART. 18 ACCOMPLICES
REQUISITES: CODE: (COMMUNITY COOPERATES previous supply RELATION) 1. That There Be Community of Design; That Is, Knowing the Criminal Design of the Principal by Direct Participation, He Concurs With the Latter in His Purpose;

2. That he cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime of the crime in an efficacious way; and

3. That there be a relation between the acts done by the principal and those attributed to the person charged as accomplice. The complicity, which is penalized, requires a certain degree of cooperation whether moral, through advice, encouragement, or agreement, or material, through external acts.

The responsibility of the accomplice is to be determined by acts of aid and assistance, either prior to or simultaneous with the commission of the crime, rendered knowingly for the principal therein, and not by the mere fact of having been present at its execution. Mere passive presence at the scene of the crime, mere silence and failure to give alarm, without evidence of conspiracy is not punishable .

ART. 19. ACCESSORIES

1. An accessory must have knowledge of the commission of the crime and having knowledge he took part subsequent to its commission. 2. To convict an accessory, the crime committed by the principal must be proved beyond reasonable doubt.

SPECIFIC ACTS OF ACCESSORIES: (CODE: PROFIT, CONCEAL, HARBOR) 1. By profiting themselves or assisting the offender to profit by the effects of the crime 2. By concealing or destroying the body of the crime to prevent its discovery 3. By harboring, concealing or assisting in the escape of the principal of the crime 2 CLASSES OF ACCESSORIES ARE CONTEMPLATED IN PAR. 3 OF ART. 19 a) Public officers who harbor, conceal or assist in the escape of the principal of any crime (not lightly felony) with abuse of his functions b) Private persons who harbor, conceal or assist in the escape of the author of the crime- guilty of reason, parricide, murder, or an attempt against the life of the President, or who is known to be habitually guilty of some other crime

 The accomplice and the accessory may be tried and convicted even before the principal is found guilty. The liability of the accused will depend on the quantum of evidence adduced by the prosecution against the particular accused. ACCESSORY DISTINGUISHED FROM PRINCIPAL AND FROM ACCOMPLICE 1. The accessory does not take part or cooperate in, or induce, the commission of the crime. 2. The accessory does not cooperate in the commission of the offense by acts prior thereto or simultaneous therewith. 3. The participation of the accessory in all cases always takes place after the commission of the crime.

ART. 20 ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY SITUATIONS WHERE ACCESSORIES ARE NOT CRIMINALLY LIABLE:
When the felony committed is a light felony; and

2. When the accessory is related to the principal as spouse, or as an ascendant, or descendant or as a brother or sister, whether legitimate, natural, or adopted, or where the accessory is a relative by affinity within the same degree, unless the accessory himself profited from the effects or proceeds of the crime or assisted the offender to profit thereon. PD 1829: Penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases NOTE: The benefit of the above mentioned exception in Article 20 of the PRC does not apply to PD 1829