criminal law 1 cornejo

7/31/2019 Criminal Law 1 Cornejo

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ARTICLE 1

TIME WHEN ACT TAKES EFFECT

ARTICLE 2

SCOPE AND APPLICATION OF THE

CODE

3 Important Characteristics of Criminal Law1. Generality2. Territoriality3. Prospectivity

1. GeneralityGeneral criminal law applies to all wholives/ sojourn within the Philippine territory.Lives committed a crime here, Phil.Criminal law applies to youSojourn even if you are simply passing thru

you are subjected to Phil. Criminal law.

General Rule:Who lives / sojourn in the Phil Territory

Exceptions:Heads of state, ambassadors, ministers,resident diplomatic

Q: Consuls, Vice-consuls?A: not exempt from the operation of Phil.Criminal law

2. Territoriality- physical boundaries, that would

include Phil. Criminal law nowwill apply to all crimes within thePhil. Territory.

- Phil. Territory- the land, waterand the air

Q: What about the extent of Phil territory?(because of the Phil. boundaries nga?)

A: water- formerly 3 mile limit but now 12 milelimit from low water mark.

Originally 3 mile limit extended from the low

water mark 12 mile limit from the low watermark- by virtue of the New Convention of theLaw on the Sea, which was ratified in 1982 bymember states, 50+ member states, 52/55expand the territorial water jurisdiction of Phil.Criminal Law

Exemptions to the Territoriality Characteristicsof Phil. Criminal Law are found in Art. 2 of theRPC (memorize)

meaning Phil. Criminal law will apply to

those persons who committed it evenoutside the Phil. Territory

so, it applies to all those who commitan offense while on board/ Philippineship/airship it shall apply to those whocounterfeit currency notes, bank notes,coins which have been issued by thegovernment of the RP, it shall apply tothose who are responsible for theintroduction of those counterfeit, banknotes that has been forge; publicofficials and employees who commit

offenses in the course/ discharge ofduties/official functions as such; and tothose who commit crimes againstnational security and the law of thenations

CRIMINAL LAW 1Judge Ma. Cristina Cornejo

Dont Sweat the Small Stuff


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5 Exceptions - that Even CommittedOutside the Philippine Territory Air, Landand Water Still Subject to PhilippineCriminal Law1. Crime committed within a Philippine ship orairship.2. Forgery is committed by giving to a treasury

or bank note or any instrument payable tobearer or to order the appearance of a truegenuine document or by erasing, substituting,counterfeiting, or altering by any means thefigures, letters, words or signs containedtherein.3. If forgery was committed abroad, it mustrefer only to Philippine coin, currency note orobligations and securities.4. A public officer or employee who commits acrime related to the exercise of his office.5. Title I of Book II on crimes against national

security and the law of nations covers treason,espionage, provoking war and disloyalty incase of war, piracy and mutiny but notrebellion.Note: When rebellion is committed abroad, thePhilippines will not acquire jurisdiction becauserebellion is a crime against public order.

Board/ Phil. Ship/ Airship it is not a question of ownership of a

vessel it is a question of registration

where it was registered for our court to acquire jurisdiction, it

must be registered in accordance of ourPhil. Laws

even it was Filipino owned but notregistered under our law, even if thecrimes committed there, we do nothave jurisdiction

registration in the Bureau of Customs for as long as the crime committed on

board of Phil ship / Airship

Q: What if the crime is committed on boardon a warship?A: Of course internationally accepted thatwould fall under the jurisdiction - still which thecountry to which that warship belongs, even ifit is here within the Phil. Territory, if the crimeis committed in that warship that is stillconsidered an exception in the territory of thecountry to which that warship belongs.

Q: Crime committed on board of foreignmerchant vessel?A: 2 rules:a. French rule - if the crime committed onboard of a foreign merchant vessel.Example:Here in our territory, under the French rule, we

do not have jurisdiction except if that crimeeven if on board of a foreign merchant vesselaffects public order/ national security

b. English rule - the crime is committed onboard of a foreign merchant vessel which issituated in Phil. territory, it is subject to our

jurisdiction except if that crime relates tointernal affairs/ internal management of theforeign merchant vessel.

3. Prospectivity

the law will apply only to facts,circumstances, events, transactionsafter the promulgation of the law

so the law must made to apply forward,it may not apply backward, it cannot begiven a retroactive application, that isthe rule

Exception:If it is favorable to the accused, it is not

enough that RA is favorable to the. Theaccused must not be habitual delinquent (HD)

HD - Art. 62 2 requisites must concur:1. RA is favorable to the accused2. He must not be a HD

Q: Who / What is HD?A: It is a special aggravating circumstancebecause it adds to penalty

if within a period of 10 years, reckonedfrom the date of his last release or thelast conviction (2 reckoning point)

of the crimes of (any of the crimes of)

serious physical injuries, less seriousphysical injuries, robbery, theft, estafaand falsification, is found guilty of anyof the said crimes, the third time oroftener

Take note the effect of repeal of the PenalLawa.) New law provides a lighter penalty than thepenalty provided in the old law with respect to

Make Peace with Imperfection


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a crime then the new law will apply because itis favorable to the accused but remember hemust not be a HD

b.)What if the new law provides a heavierpenalty? At the time of the commission of thecrime, then you apply because it is not totally

repealed, its only that it apply to the sameoffense but the point th4e lighter penalty in theold law that would have to be made to apply.

c.) What if the new law does not anymorepenalize the act which has been penalizebefore the old law

- the crime is obliterated- acquitted

Schools of Thought1. Classical Theory

2. Positivist Theory3. Protective / Utilitarian

1. Classical Theory Man is considered a creature of

absolutely free will (voluntary) Wherefore he has a choice If he chooses to do wrong, he will suffer

the consequences If he chooses to be right, fine! Purpose of penalty retribution

2. Positivistdoes not do it voluntarily but there is astrange & morbid phenomenon thatcompels it to do the act

psychological

did not really mean to commit the crimebut compel him by a strange or morbidphenomenon to commit the crime

not penalty, subjected to a battery ofpsychological testhe did not to do it on his own - forced todo it

3. Protective / UtilitarianCaseFacts:Violation of BP22, he was being madeto pay something, the alleged creditor wouldnot have any cash out, there is a propensity tofool somebody who is already in a dire straight-he took advantage on the accused.Held - SC:Criminal Law, the penalty providedunder the criminal law is not there to protect

society only from actual wrongdoers, butlikewise from potential wrongdoers. Those whohave propensity/ intonations to commit a crime

ARTICLE 3

FELONY

Art. 3 relate to Art. 4Art 3- defines what a felony isArt. 4- how is criminal liability incurred

Q. What is a felony?Art. 3, a felony is an act or omissionspunishable by law.

Q. Did he incur criminal liability?A. Go back to Art. 3 & 4

Q. How is that act/omission?A. Either dolo or culpa.

Q. How is criminal liability incurred?A. Felony is an act/omission punishable by lawit could be by means of dolo (deceit, intent )culpa (imprudence, negligence, lack offoresight/skills)

2 Basic Kinds of felony1. Intentional felonies2. Culpable Felonies

Q. What are the elements: Art 365 CulpableA.

Intentional vs. Culpable-freedom -freedom-intelligence - intelligence-intent -negligence

Act - overt act, violation of law, you penalize it

Omission - why it is omission of a felony? orpunishable by a law?

Omission - we do not do anything - inaction,Q. So why do we penalize for something wedo not do?A. because there is a law that tells you to dothis, if you do not to do this, so you omit theobligations to do.

Let Go of the Idea that Gentle, Relaxed People

Cant Be Super Achievers


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highway and he fell and run over by thevehicles.

SC said: It was still a proximate causeeven if the immediate cause was therunning over.

Judge Cornejo : it is not modified

explained by the Supreme Court, that it is amortal wound na eh!

Highway - mabilis ang takbo ngvehicles so you do not consider that asan efficient intervening cause

it was an isolated case you do not drive less than 100 km per

hour still it is the same concept

Felonious Act - effect nothing happened inbetween

Factors Affecting Intent andCorrespondingly the Criminal Liability

1. Mistake of Fact2. Error in Personae (Mistake in Identity)3. Aberratio Ictus (mistake in the victim of

the blow)4. Proximate Cause

1. Mistake of FactIf you commit an act which is felonious,because it is punishable by law but you did itunder a mistake of fact, you will not be

criminally liableRequisites (the 3 must concur):1. That act would have been lawful had thefacts been as the accused believe them to be-the act would have been lawful - nakapatay ka2. The intention of the accused in performingthe act must be lawful3. No negligence/carelessness on the part ofthe accused

U.S. vs. Anchongkilled the victim, absolved because of mistake

of fact voluntary yan but under differentspecial circumstances kaya siya na absolve,fall under the concept of mistake of fact.

1. The act would have been lawful had thefacts been as the accused believe them tobe.ExampleHe slept, locked the door, he heard somebodyknocking trying to open the door, he taught it

was a murderer. But before he opened / beforehe killed the victim, the intention was to protecthimself or defend himself, because he believesthere is somebody trying to kill him, but he wasnot careless, not negligent, because he asked- sino yan, sino yan? bukas bukas pa din3rdtime asking, upon opening the door he killed

the person and after that he found out that itwas only his roommate He is acting in self-defense which is lawful No fault or carelessness / negligence,precisely he was calling / asking 3 times

2. Error in Personae (Mistake in Identity)If the act is criminal act but as was committednot under the mistake of fact, it was voluntary,it was with knowledge, he knew what he wasdoing, talagang penalize siya, only that there isa mistake in the identity of the victim.

Criminally liable.ExampleA intended to kill B but A killed C insteadQ: Will A be liable for killing C?A: Naturally, liable

3. Aberratio Ictus (Mistake in the vicitim ofthe blow)A intended to shoot B, but A fired to C- mistakein the blow (Aberatio Ictus) liableExampleThe husband stopped the wife from talking,

punched the pregnant wifebut there is nointention to kill the wife, intention to exert ofviolence into her person, to stop her fromtalking. There is intent to cause harm but nointent to kill the wife. No intention to commit sograve / praeter intentionem - criminally liable

Impossible CrimesBy any person performing an act which wouldbe an offense against persons or property,were if not for the inherent impossibility of itsaccomplishment or on account of the

employment of inadequate or ineffectualmeans

Q: Is it a crime?A: technically, No! Impossible crime is not acrime because the act is not a criminal act itwould be an offense or it would have been anoffense against person or property for if not forthe impossibility of its accomplishment or on

Develop Your Compassion


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account of the employment of inadequate orineffectual means.

Q: Then if it is not a crime why it ispenalize?A: it is penalize because the fact of thecommission of that act, how which is not for

the productive of a crime, against person/property, he has shown his criminal propensity,intention to commit a crime only that he do notaccomplish the crime because it is inherentlyimpossible.

The criminal propensity, criminal tendency thatis the one which is penalize, not the crimeitself, because technically it is not a crime.Example

Q: A intended to kill B, A went to the house

of B, he saw B lying on the bed, believingthat B was sleeping but in fact B died in acardiac arrest and A stabbed B.Had the person (B) has been alive at thetime of stabbing - homicide/murderA: the point is A will not be liable formurder/homicide, because he cannot killsomebody who is dead (inherent impossibilityon account of the employment of inadequateineffectual means)

Example

Buying a substance, you knew it is a poisonbut it is sugar so your intended victim did notdie.

For purposes of impossible crimeThe act would be an offense

Additional According to the SCThe act should not constitute another violationof any other provision in the RPC

Case:

Intod vs. Court of AppealsOffenders intended to kill Mr. X, so theyconducted a surveillance there is evidentpremeditation (go out, what time?), so on theday they decide to execute their plan to kill Mr.X, they TA! TA! TA! TA! And yet the housespecifically the room - the supposed victim isnot there, Mr. X is somewhere else

Argue in the SC: attempted murder, they triedto kill but he was not there

Another Justice- impossible crimeHow can it be - when one of the requisite iswhen the act must not constitute any violationof the RPC, eh di ba TA! TA! TA! Caused

damage to the property, that is a violation ofthe RPC.

modified version of the impossiblecrime

hindi pumasok yung last provision- thatdo not constitute another violation ofany other provision of the RPC

but they considered it as an ImpossibleCrime, because of the inherentimpossibility

kapag attempted murder dapat andunyung tao and about to commit the crime

definition of a felony not attempted/ frustrated stage in

Impossible Crime

ARTICLE 5

THERE IS NO CRIME WHEN THERE IS

NO LAW THAT DEFINES AND

PUNISHES IT

ARTICLE 6

STAGES OF EXECUTION OF FELONY

Different Stages of Execution of felony1. Consummated2. Frustrated3. Attempted

Discussion

hindi ito crimeAttempted murder or is hereby foundguilty beyond reasonable doubt of thecrime of attempted murder as definedand penalized in Art. 248 of the RPC in

relation to Art. 6 - stages of executionof a felony - attempted homicide asdefined and penalized in Art. 249 of theRPC in relation to Art. 6

1. ConsummatedAll the essential elements of the crime areconsummated

Remind Yourself that When You Die,

Your In Basket Wont be Empty


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ExampleHe kills somebody - die sya - consummatedthe moment you put that thing, you havecontrol, consummated na but there are certaininstances the consummation/frustration of thecrime will depend on the disposability of thearticles taken.

Case:People vs. EspirituRifles they put it in a truck then at thecheckpoint the rifles were found, they wereunlawfully takenConsummated? No!SC: it is simply frustrated because they couldnot have easily disposed the rifle

Case:People vs. Bino they got hospital linen from

the placed it was stored. They loaded it in thetruck. Na-check point silaSC:consummated, because the linen is easilydisposableSo it would depend on the disposability of thearticles taken for the purposes of theconsummation

2. FrustratedOffender performs all the acts of execution,which would produce it by reason of somecause independent of the will of the perpetrator

- perpetrator - offender- offender - he is the one who

commit a crime- all the acts of execution-

naperform na nya

Examplesa. Frustrated Homicide - offender performs allthe act of execution if the offender has inflicteda mortal wound (sufficient to cause death)(fatal would yan) nisaksak mo in the dibdib-consummated but if you have inflicted of a

mortal wound and then you have change ofheart ikaw na mismo ang nagdala sa hospitalor because you are a doctor, you save his life-frustrated, because the prevention of thecommission of the crime/ consummation of thecrime is due to youb. you inflicted the mortal wound, doctors camein, administered the necessary medication andnecessary healing that save his life- frustrated,the offender performs all the act of execution

that would produce a homicide as aconsequence kasi mortal wound na sufficientto death but nevertheless homicide is notcommitted coz the victim did not die, why? Dueto some cause not on the will of the perpetratorbut due to the will of timely medical assistancec. Rape- no frustrated

d. Arson- no frustratede. Impossible Crime- no frustrated

3. AttemptedThe offender merely commences, merelybegins the performance of the act, thecommission of the crime directly by overt acts

Frustrated naperform na lahatAttempted be merely begins, merelycommences, how? By directly overt acts, butdoes not perform all the acts of execution by

reason of some cause or accident other thanhis own spontaneous desistance

Attempteda. Commences directly by overt actsb. If the act is preparatory he has not reachedthe attempted stage of felony

overt means direct external / outer for the purpose of attempted felony the

overt act must have a direct relation tothe crime intended to be committed

not necessary that there is a physical

act because the physical act may bepreparatory or overt act

overt act may have a relation to be thecrime intended to be committed

ExampleQ: Person decides to kill somebody, hegoes to the drug store, and buys rat killerintended to mix that to be fed to theintended victim. His acts in purchasing ratkiller, has reached the attempted stage?A: NO! preparatory lang yan dib a, no direct

relation in his mind has a direct relation, but inthe state of his mind, so it is a preparatory act,malay mo maraming rats talaga, so it isdifferent however he comes home he mixesthe poison on the food, he attempted to feed it,overt act, attempted homicide, because thedirect relation.Paano magiging attempted?Susubo pa lang nya and the cat went to him,cat ate it and the cat died attempted, take

Dont Interrupt Others or Finish Their Sentences


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note that he did not feed because of somecause other than his spontaneous desistance

No attempted

Impossible Crime

HomicideArson

Notes:You put flammable articles, nibuhusan mo ng

gas, overt act - attempted

Rape - no frustrated- only attempted andconsummatedConsummated rape, when? Slightestpenetration of the ano into the ano is alreadyconsummated di na kelangan to go deeper,slightest penetration, for as long as there is aslightest penetrationWhat if walang penetration? yung haginghaging lng, kasi obviously may intent, for

example, you undress a woman, the maleorgan, walang penetration that is attempted itis not acts of lasciviousness why you placeyour thing over her thing without intent to,attempted but the moment slightest penetration- consummated

Case:

People vs.Attempted male organ was placed andnagkiskis dun sa thigh nung girl. Nopenetration

SC: that is only an attempted rape. It simplyconstituted the strange thing of the castle ofthe orgasmic potency or the shelling of thevariable passion.

ExampleThey inflicted injury on the victim, believing thevictim has already died? Survive, is thatfrustrated homicide?They belief is immaterial. What matter is if allthe acts of execution were performed.

ARTICLE 7

WHEN LIGHT FELONIES ARE

PUNISHABLE

Light FeloniesAre punishable when consummated exceptthose against person or property.Generally:when consummatedExcept:attempted theft, attempted homicide

ExampleOral defamationSlander

ARTICLE 8

CONSPIRACY

Q: When is there a conspiracy?A: When 2 or more persons come into anagreement concerning the commission of thecrime and decide to commit it.

Conspiracy can be taken into 2 senses:1. Generally as a mode of incurring criminalliability or it is taken as a crime itself only whenexpressly made a crime under the RPC / law2. If conspiracy is not expressly made a crimeunder the law specifically the RPC andconspiracy is simple a mode of incurringcriminal liability.

1. Conspiracy as a CrimeIt is defined in the law as a crime

ExampleConspiracy to commit treason, rebellion, coupdetat, sedition, particular penaltyfor as long it is defined a crime and gives apenalty, conspiracy is a crime but if it is notmade/expressly made a crime, more it is given

a penalty in the RPC, it is simple a mode ofincurring criminal liability.

2. Mode of incurring criminal liabilityBecause the act of 1 is the act of all

ExampleEven if I, even if Mr. X is the only one whomaterially perform the act, even he is the onewho is directly stub and kill the victim, kami wewere there, did not participate in the actualkilling for as long as it can be establish that we

conspired to kill, then, we are likewise liable asPrincipals.

Q. Mode of incurring liability when do youincur criminal liability?A. When you perform an act or felony.So you perform an act, you are the one whokilled the victim, kami hindi but we conspired tocommit a crime, in any other manner, weconspire to kill the victim, we are equally liable

Do Something Nice for Someone Elseand Dont

Tell Anyone About It


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(We all know even in criminal procedure civilliability flows from the commission of the crimeso if there is no crime, there is no source fromwhich the civil liability might flow or spring)

E since there is a crime, there is civil liability.There is no criminal liability but there is civil

liability except paragraphs 4 (accident) and 7(insuperable cause).Meaning: with respect to paragraphs 4 and 7there is neither criminal liability nor civil liability.

JEM invoked by the accused.Aggravating invoked by the prosecution forthe purpose of increasing the degree ofcriminal liability of the accused. Theprosecution is requesting and trying to prove tothe court that this circumstance should beappreciated against the accused in the

commission of the crime so as to increase thecriminal liability of the accused.

ARTICLE 11

JUSTIFYING CIRCUMSTANCES

1. Self defense (SD)2. Defense of Relatives (DR)3. Defense of Strangers (DS)4. State of Necessity or Avoidance of

Greater Evil5. Fulfillment of a Duty6. Obedience to Superior

In self-defense, defense of relatives anddefense of strangers, the first two elementsof these three defenses are the same:

1. Unlawful aggression from the victim2. Reasonable necessity of the means

employed to prevent or repel theunlawful aggression

They differ in the 3rd requisite:SD lack of sufficient provocation on the partof the person defending himself

DR - in case the provocation was given by theperson attacked, that the one making thedefense (the accused) had no part therein /even if the relative being defended gives theprovocation, it is important that the persondefending had no part in the provocation.DS the person defending the stranger wasnot motivated by hate, revenge, resentment orother evil motives.

The unlawful aggression should have comefrom the private offended party.

In all these defenses the indispensablerequisite is unlawful aggression.Q. Why unlawful aggression isindispensable?

A. Because if there is no unlawful aggression,the second requisite (which is reasonablenecessity of the means employed to prevent orrepel the unlawful aggression) has no basisbecause you are invoking SD, DR, DS so theunlawful aggression should have come fromthe victim. Meaning without the unlawfulaggression, there is nothing to prevent orrepel.

Incomplete Justifying Circumstance (IJC)if not all the conditions are present

Q. What is the effect of IJC?A. It is a privileged mitigating circumstance(PMC).

Q. What is the effect of PMC?A. It serves to reduce the penalty by degrees.It is 1 degree lower to the mitigating.

Incomplete SD, Incomplete DR, IncompleteDS, Incomplete exempting circumstancenot all the conditions necessary to justify the

act or exempt the accused from criminalliability are present.

If in any of these defenses (SD, DS, DR) thereis no unlawful aggression, even if the two otherrequisites are present, you cannot invoke ofthe PMC of IJC because as far as thesedefenses are concerned, the indispensableelement is unlawful aggression coming fromthe private offended party.

Examples:

1. If in SD reasonable necessity of the meansemployed to prevent or repel the unlawfulaggression and lack of sufficient provocationon the part of the person defending himself arepresent but there is no unlawful aggression no PMC2. If in SD unlawful aggression and reasonablenecessity of the means employed to prevent orrepel the unlawful aggression are present there is PMC

Learn to Live in the Present Moment


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3. If in SD unlawful aggression and lack ofsufficient provocation on the part of the persondefending himself are present there is PMC4. If in SD one requisite is present, which isunlawful aggression ordinary mitigatingcircumstance.

PAR. 1 - SELF DEFENSERequisites:

1. Unlawful aggression from the victim2. Reasonable necessity of the means

employed to prevent or repel theunlawful aggression

3. Lack of sufficient provocation on thepart of the person defending himself

1. Unlawful Aggression from the Victim

Aggression should have come from the

victim of the accusedThe unlawful aggression must have come fromthe victim because he is defending himself ordefending his relative or defending a strangerso the aggression should have come from thevictim of the accused.

Q. What is unlawful aggression / Whatwould consist of unlawful aggression?A. It is an action either an actual physicalassault coming from the victim or the threat toinflict real injury on the offender and the threat

to inflict real injury must be immediate andimminent. The threat to inflict real injury in notmerely imagined.

Immediate / Imminent about to happen.There are signs to show that the aggression isabout to happen.

ExampleLumalapit lang sayo yung tao, no threat, youimagined that he will kill you this is notimminent.

It must be at the time the unlawfulaggression is still existingIf you act / claim in SD, it must be at the timethe unlawful aggression is still existingbecause of you attack somebody after theunlawful aggression has already ceased toexist, that is no longer SD, you are no longerpreventing, you are no longer preventing any

aggression. When the unlawful aggressionceased to exist that is simply retaliation.ExampleNi-saksak ka nya, umalis na sya tapos ni-attack mo pa sya retaliation

Binugbog ka, after binugbog ka, bumagsak ka,

he left and did not do anything else and thenyou stood up and you followed him andstabbed him.Q. Is that SD?A. No. Tapos na eh! It should be on going orabout to happen. You are simply repelling theaggression so the aggression must be existingat the time you reacted.

2. Reasonable Necessity of the MeansEmployed to Prevent or Repel the UnlawfulAggression

- Case to case basis. It would depend on theexistence of the aggression as well as thenature and extent of the aggression becauseyou are trying to repel or trying to prevent theaggression so it must be reasonable and mustdepend on the nature and extent of theaggression.ExampleNisampal ka nya, sinaksak mo sya. Is thatreasonable? No. Kung sinampal ka, sampalinmo din or suntukin mo.

Minura ka, sinaksak mo that is unreasonable!

It must be proportionate to the aggression. Soit would depend on the nature and extent orgravity of the aggression. The reasonablenesswould depend on the existence of aggression.If there is no aggression there is no basis forrepelling.

3. Lack of Sufficient Provocation on the Partof the Person Defending Himself

Q. What is provocation?A. It is something that would steal somebody toaction.

Q. What is lack of provocation?A. Even if the accused gave the provocation, itwas not sufficient.Meaning: kung wala syang ginawangprovocation that could have illicited theaggression from the private offended party

Imagine that Everyone is Enlightened Except You


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(POP) or magbigay man sya ng provocation, itwas not sufficient to illicit such unlawfulaggression from the POP.

PAR. 2 - DEFENSE OF RELATIVESRequisites:

1. Unlawful aggression from the victim

2. Reasonable necessity of the meansemployed to prevent or repel the unlawfulaggression3. In case the provocation was given by theperson attacked, that the one making thedefense (the accused) had no part therein /even if the relative being defended givesthe provocation, it is important that theperson defending had no part in theprovocation.

Q. Who are the relatives?

A. Spouse, ascendants, descendants, orlegitimate, natural or adopted brothers andsisters, or relatives by affinity in the samedegrees, relatives by consanguinity within thefourth civil degree.

Note: If not included in the list, you are simplyacting in defense of a stranger.

Spouse must be Legitimate SpouseThe spouse must be a legitimate spouse. Ifcommon law spouse, that is defense of

stranger. There should be legitimaterelationship between you and the spouse.

Note: The concept of unlawful aggression andreasonable necessity in SD is the same in DR.

3. Even if the Relative Being Defended Givesthe Provocation, it is Important that thePerson Defending had no Part in theProvocation

Example

Gerard (brother of Ayce) saw Ayce on theground about to be hit by the group of Chat.Gerard did not know that Ayce gave theprovocation but it was Ayce who started it all.Gerard thought that it was Ayce who was thevictim. So what Gerard did, he assaulted thegroup of Chat. Gerard was acting in defense ofa relative even if Ayce was the one who gavethe provocation. What is important is that itGerard was not part of the provocation.

PAR. 3 - DEFENSE OF STRANGERSRequisites:

1. Unlawful aggression from the victim2. Reasonable necessity of the meansemployed to prevent or repel the unlawfulaggression3. the person defending the stranger was

not motivated by hate, revenge, resentmentor other evil motives.

Q. Who is a stranger?A. A person who is not listed under the conceptof relatives.

Note: The concept of unlawful aggression andreasonable necessity in SD is the same in DS.

3. The Person Defending the Stranger wasnot Motivated by Hate, Revenge,

Resentment or other Evil Motives

Most of these are circumstantial. It is a matterof proof.

ExampleAriel saw Jessica (a stranger) being mauled by

Ayce. Ayce is Ariels mortal enemy. Arielassaulted Ayce. Ariel claimed that he isdefending Jessica who was assaulted by Ayce.Nobody knew that Ayce is the mortal enemy ofAriel so it is a matter of proof. What is

important is that the person defending was notmotivated by hate, revenge, resentment orother evil motives.

PAR 4 - STATE OF NECESSITY ORAVOIDANCE OF GREATER INJURY / EVILRequisites:

1. That the evil sought to be avoidedactually exists;

2. That the injury feared be greater thanthat done to avoid it;

3. That there be no other practical and

less harmful means of preventing it.

G.R.: There is no but there is civil liabilityEXC: Paragraph 4. Meaning there is no crime,there is no civil liability.

ExampleFaye was driving her Jaguar car in the zigzagroad, head on collision with a bus. If sheswerves her car to the left, she would hit a

Let Others be Right Most of the Time


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pedestrian. If she swerves her car to the right,she would fall and would die. This is avoidanceof greater injury, and naturally, greater injurywould be her life. So she swerved her car tothe left. This is self-preservation.Faye is relieved of criminal liability becauseshe acted in avoidance of greater injury.

Hence, she has to bear the civil liability for anydamages that she caused to the victim.

OBEDIENCE TO AN ORDER ISSUED BY ASUPERIOR

Rules:1. It must be obedience to a lawful order

of a superior. It is not a blindobedience. It must be proved that it is alawful order of superior.

2. If the accused complied with an

unlawful order under a mistake of fact,he has no liability. He will not becriminally responsible.

3. If he acted in compliance with an orderwhich is clearly and patently 7unlawful,he cannot invoke the defense of actingin obedience to a lawful order.

Q. What if he acted in obedience to anunlawful order but he acted in obediencebecause of an irresistible force or under acompulsion of an uncontrollable fear?

A. He is not justified but he will be exemptunder Art. 12.

ARTICLE 12

EXEMPTING CIRCUMSTANCES

The following are exempt from criminal liability:1. An imbecile or insane person unless

the latter has acted during a lucidinterval.

2. A person under nine years of age.3. A person over nine years of age and

under fifteen unless he has acted withdiscernment, in which case such minorshall be proceeded against inaccordance with the provisions ofArticle 80 of this Code.

4. Any person who, while performing alawful act with due care, causes aninjury by mere accident without fault orintention of causing it.

5. Any person who acts under thecompulsion of irresistible force.

6. Any person who acts under the impulseof an uncontrollable fear of an equal orgreater injury.

7. Any person who fails to perform an actrequired by law, when prevented by

some lawful or insuperable cause.

1. An Imbecile or Insane Person Unless theLatter has Acted During a Lucid Interval

Imbecility the person has the mentality of achild 2 to 7 years old. It is not the chronologicalage.

Lucid aware of what he is doing

Insanity the act must have been performed

by the accused in a state of total deprivation ofintelligence. Insanity would includeschizophrenia and epilepsy.

ExampleGerard does not know what he is doing at thetime he committed the crime because even ifhe has been declared insane but at the time hecommitted the act, he was acting during lucidinterval that is not exempting. Because if hedid it under lucid interval (sane or aware ofwhat he was doing) from his insanity (declared

or diagnosed insane) not exempt.

Note: Burden of proof is on the accused toprove that he is exempt / insane

2. A person under nine years of age.3. A person over nine years of age and underfifteen unless he has acted with discernment,in which case such minor shall be proceededagainst in accordance with the provisions ofArticle 80 of this Code.

Minority under the RPC, if he is under 9 heis exempt. But by virtue of R.A. 9344 or TheJuvenile Justice and Welfare Act of 2006 (KikoPangilinan Law) under 9 or over 9 but under15, exempt from criminal liability.

15 or under at the time of the commission ofthe offense shall be exempt from criminal

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liability but the child shall be subjected to anintervention program.

Q. What about above 15 but below 18 (16 to17 years old)?A. Exempt but the child shall be subjected toan intervention program in accordance with a

particular act unless he acted with discernment(he knows what is right and wrong), in whichcase, he shall be subjected to the appropriateproceeding in accordance with law.

The exemption from criminal liability underR.A. 9344 shall not include exemption fromcivil liability which shall be enforced inaccordance with law.

Before R.A. 9344 Juveniles in Conflict withthe Law (A.M. by SC) it is still consistent. It

provides that a minor under 9 at the time of thecommission of the offense shall be exemptfrom criminal liability. Over 9 under 15 at thetime of the commission of the offense, he shallbe committed to the care of his father ormother or the nearest relative or family friend.If however, the prosecution proved that heacted with discernment, he shall be subjectedto appropriate proceedings in accordance withlaw.

Prevailing Rule R.A. 9344 because it was

promulgated 2006.

4. Any person who, while performing a lawfulact with due care, causes an injury by mereaccident without fault or intention of causingit

*Relate this with criminal negligence.

Q. Why will I be penalized for something Idid not intend to do?Because we said that felony is an act or

omission punishable by law committed not onlyby means of deceit (dolo) but also by means offault (culpa)

Concept of Accident as an ExemptingCircumstanceAccident as an Exempting Circumstance there is no criminal liability but in Accident(plain) there is criminal liability under Article365 of the RPC.

Note: To be exempt from criminal liability, theoffender must be performing a lawful act withdue care causing injury to another or damageto the property of another.

Q. If Charles has a license to drive, hedrives his vehicle and in the course of his

driving, he hit another vehicle or run oversomebody, liable under Art. 365. But whyhe would liable? (He never wanted that tohappen.)A. Because it is in the way that he performedhis lawful act. He has a license and he isdriving he is performing a lawful act, but ifhe caused injury because he performed thelawful act recklessly without due care, then heis criminally liable.

It is only when you perform a lawful act with

due care can you make use of accident as anexempting circumstance.ExampleLicensed driver ka and you are driving in thehighway, ang bagal bagal mo na nga 20km/hour, you are reckless? No.

Saskia is driving inside the compound of SanSebastian at 70-100 km/hour. She is licensedto drive but she is driving in an area wherethere are kids playing that is reckless.

5. Any person who acts under thecompulsion of irresistible force.

6. Any person who acts under the impulse ofan uncontrollable fear of an equal or greaterinjury.

Irresistible force & uncontrollable fear they are connected because both have thesame concept.

Rationale

Q. Why is the offender exempt fromcriminal liability if he commits a crime whileacting under the impulse of an irresistibleforce (IF) or compulsion of anuncontrollable fear (UF)?A. IF means actual physical force exerted onthe person of the offender. UF means you arebeing threatened but the force to be exerted onthe person of the accused or the threat orintimidation that is employed on the accused

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that could have prompted him to commit thecrime simply reduced him to a mereinstrument. He has no choice but to do it.

IF for it to be exempting, always rememberdid this physical force reduced him to simplybeing a tool or instrument? He has no choice

but do it.Example:Bugbog sarado na sya Pasasabugin mo baito o hindi? Pak! Pak! Pak! Pasasabugin mo bayung building o hindi? Pak! Pak! Pak! O sige,

pasasabugin ko na

Note: Common denominator of UF / IF reduced to being a mere instrumentNote: It does not mean that he has no moreintelligence but it should be he has no morewill power or choice.

UFExample:You kill this particular person otherwise I willkill your wife or child. He has no choicebecause it would mean the death of his wife orchild.

IF / UF always remember for these to beexempting, he was reduced or the force to beexerted in his person or the intimidationemployed was simply reduced him to being an

instrument. He has no choice but do it.

7. Any person who fails to perform an actrequired by law, when prevented by somelawful or insuperable cause.

Insuperable Cause it is a cause that cannotbe overcomed.

ExampleJoan gave birth in the forest so she was soweak and she has to leave her baby to seek

for help. She was not able to come backbecause she was seriously ill, the baby died.She was subsequently, sued for infanticide.Joan said she was exempt. Is Joan correct?Yes. Because she was seriously ill at the time(cause that cannot be overcomed) making hergo back to her child.

Liability in Exempting CircumstanceIf there is an exempting circumstance, there isa crime and therefore there is civil liabilitybecause there is a source from which you getthe civil liability except paragraph 4 (accident)and paragraph 7 (insuperable cause). Thismeans that if the exempting circumstance is

paragraph 4 or paragraph 7, there is nocriminal liability and no civil liability.

ABSOLUTORY CAUSES

Absolutory means the offender is relieved.

Entrapment vs. InstigationEntrapment the person is engaged in anunlawful activity or the offender is actuallydoing the crime only that he cannot be arrestedso ways and means are resorted to by the

police officers to catch him in the act or inflagrante delicto. A common form ofentrapment is a buy bust operation.

Instigation it is in the nature of inducement.The offender or the one who committed thecrime did not even think of committing thecrime only that he was instigated to commit thecrime and then when he committed the crime,the police officers arrested him. The policeofficer simply induced him to commit the crime,the offender never even thought of committing

the crime from the very beginning.

Q. What could be the absolutory cause asbetween instigation and entrapment?A. Instigation because the offender is simplyinduced or lead to commit the crime. It is notentrapment because entrapment is valid thepolice officers are simply catching the offenderin the act. The offender had been doing the actbefore.

ARTICLE 13

MITIGATING CIRCUMSTANCES

The following are Mitigating Circumstances:1. Incomplete justifying or exemptingcircumstances.2. Minority / senility (Wala na kasi exempt na)3. Praeter intentionem4. Sufficient provocation or threat5. Immediate vindication of a grave offense

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6. Passion or obfuscation7. Voluntary surrender8. Voluntary plea of guilt9. Deaf and dumb, blind or other physicaldefect.10. Illness11. Analogous circumstances

Q. What is the effect of mitigatingcircumstance (MC)?A. It is either to reduce the penalty by period orby degrees.

Kinds of Mitigating Circumstances1. Ordinary MC it serves to reduce theperiod of the penalty.In cases of divisible, it serves to reduce thepenalty in its minimum.Note: We talk of the periods of the penalty if it

is divisible because a period is one of the threeequal portions of divisible penalty. But it mayhave an effect with respect to indivisible notsingle indivisible, if the penalty consists of 2indivisible penalties.

We do not talk of periods in cases of indivisiblepenalty.ExampleDeath penalty is indivisible. There is no deathminimum, death maximum!

2. Privileged MC it serves to reduce thepenalty by degrees. Reduces the penalty by 1or 2 degrees.Example1 penalty is 1 degreeR Temporal Prision Mayor

Kinds of Privilege MC:A. Incomplete JustifyingB. Incomplete ExemptingA & B meaning not all the conditions arepresent. Majority of the conditions are present.

G.R. For purposes of Incomplete Justifying andIncomplete Exempting as a PrivilegedMitigating Circumstances, the majority of therequisites should be present.

Note: if there are 2 or more mitigating andthere is no aggravating, it is already aprivileged MC, which means it will reduce thepenalty by 1 degree.

Note:In SD / DS / DR unlawful aggressionshould always be present. Even if the majorityof the requisites are present for as long as theunlawful aggression is not present noincomplete justifying.

6. Passion or Obfuscation

Passion or obfuscation is an ordinary MC.

Obfuscation is confusion.

If you commit an offense under passion orobfuscation, it can be mitigating.Jurisprudence: for passion or obfuscation tobe mitigating, it must have arisen from lawfulsentiments.Example:A man witnessed a woman taking a bath. He

was so aroused that after the woman took abath, when the woman came out, he raped thewoman. The man admitted but he contendedthat he acted under passion.Held: The Supreme Court said that the mandid not act under passion. He acted under lust.Lust was never a lawful sentiment.

Q. What if a girl acted because of jealousy?A. Generally, jealousy is an unlawful sentimentbut it will be mitigating if it has a legitimatebasis.

7. Voluntary Surrender and Confession ofGuilt

Voluntary SurrenderRequisites:

1. The surrender must be voluntary2. The surrender must be unconditional3. It must be a surrender of oneself.

Discussion: There is no problem that involuntary surrender, the offender

acknowledges having committed the crime.The liability is mitigated because by voluntarysurrendering, the offender unconditionallyplaced himself subject to the custody of theauthorities. The offender saved thegovernment from the time and expense inlooking for him. The offender is given aconcession his liability is mitigated.

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Surrender must be VoluntaryQ. When is voluntary surrender mitigating?A. It must be made immediately after thecommission of the crime.

ExamplePaparating na ang mga pulis, the you said, I

surrender.This is not mitigating because what promptedyou to surrender yourself is not because youreally wanted save the government from thetime and expense in looking for you butbecause palapit na sila.

Surrender of OneselfNote: You do not surrender the instrument ofthe crime but yourself

Example

You killed somebody then pumunta ka sapolice station and you said Ito sinu-surrenderko na yung bolo, may dugo dugo pa, pinatayko si Mr. X.This is not mitigating because you simplysurrendered the instrument of the crime andnot yourself.

8. Voluntary plea of guilt

Confession of Guilt (at the arraignment orduring the pre-trial) / Admission of Guilt

Discussion: If you offer to plea guilty to alesser offense and your offer to plea guilty to alesser offense is accepted by the publicprosecutor and by the private offended party, itis valid and you will be allowed to plea guilty toa lesser offense.

Q. Murder under the original information atthe time of the pre-trial, you offered to pleaguilty to a lesser offense of homicide. Sinceyou pleaded guilty and since you made aconfession of guilt in open court, will it be

considered as mitigating in your favor?A. No more. For it to be mitigating, it must be aplea of guilt or confession of guilt only to theoffense as originally charged in the informationand that plea should be a plea of guilt to alesser offense.

9. Deaf and dumb, blind or other physicaldefect.

Physical defects you committed it when youare blind or deaf.

11. Analogous mitigating circumstances

Analogous means similar

ExampleExtreme poverty if you commit theft underextreme poverty, it is analogous to state ofnecessity. This is self-preservation, you haveto live and eat.

If you voluntarily surrendered the stolenproperty, the Supreme Court said that it wouldbe analogous to voluntary surrender in aprosecution for theft or robbery.

Note: There are only analogous mitigating

circumstances but there are no analogousaggravating circumstances.ExampleThe judge considered rape as analogous toignominy or physical injuries as analogous tocruelty.SC said: by express provision of Article 13,there are only analogous mitigatingcircumstances but no analogous aggravatingcircumstances. (People vs. Regala, December2000)

ARTICLE 14AGGRAVATING CIRCUMSTANCES

Kinds of Aggravating Circumstances1. Generic2. Specific3. Inherent4. Qualifying5. Special

1. Generic

Applies to all kinds crimesExamplesRecidivism, habituality

2. SpecificThey apply only to particular casesExamplesEvident premeditation, treachery and cruelty,they are aggravating circumstances butspecifically applied to crimes against persons

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3. InherentThey are necessarily present in the crime butthey are not used in the definition of the crime.They are part of the crime.ExamplesAbuse of authority / public office is inherent inbribery. Fraud is an aggravating circumstance

inherent in estafa. Deceit is inherent in simpleseduction. Unlawful entry in trespass todwelling

4. QualifyingIt changes the nature of the crimeExamplesAbuse of superior strength, cruelty

When killing is attended by qualifyingaggravating circumstances, that killing will bequalified from homicide to murder.

Simple theft can be qualified to qualified theft.

Example of Qualifying AggravatingCircumstances treachery, evidentpremeditation, abuse of superior strength,cruelty.

5. SpecialThey arise under special conditions in order toincrease the penalty but they cannot be offsetby any mitigating circumstances.Example

Quasi-recidivism (Article 160 RPC), if afterhaving been convicted of final judgment orbefore serving sentence or while servingsentence, the offender commits another (new)crime and therefore he will be imposed apenalty with a maximum of the imposablepenalty for the new crime.

If a crime is committed by a syndicate syndicated estafa, syndicated illegalrecruitment, membership in an organizedsyndicated crime group.

The following are aggravatingcircumstances:

1. Taking advantage of official position2. In contempt of or insult to public

authorities3. Age, sex, rank, dwelling4. Abuse of confidence / obvious

ungratefulness

5. Committed in the palace of the chiefexecutive, etc.

6. Nighttime, uninhabited place, band7. On the occasion and by means of

calamity or misfortune8. Committed with the aid of armed men9. Recidivism

10. Habituality11. Price, promise or reward12. Inundation, fire, poison, explosion,

stranding of a vessel etc.13. Evident premeditation14. Craft, fraud or disguise15. Abuse of superior strength16. Treachery17. Ignominy18. Unlawful Entry19. Breaking of wall, roof, floor, door or

window

20. Aid of minor, use of motor vehicle21. Causing other wrong not necessary for

its commission

1. Taking advantage of official position

2. In contempt of or insult to publicauthoritiesThis is a generic aggravating circumstance.

Public Authorities do not include the agentsof persons in authority.

3. Age, sex, rank, dwelling

DwellingQ. When is dwelling aggravating?A. If the crime is committed in the dwelling ofthe offended party who has not givenprovocation.

Q. The mother was walking along the streetwhere a house is situated where herdaughter is working as a household helper.

The mother heard the daughter crying (thedaughter was verbally and physicallyabused). The mother entered the dwellingof the employer of the daughter andassaulted the employer. Is dwellingaggravating?A. No. Because the offended party here, whois the employer gave the provocation. Notethat the mother is still liable only that herliability will not be aggravated.

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Q. If the offender enters the dwelling ofanother person who has not givenprovocation. Inside the dwelling he draggedthe victim. Outside the dwelling, heassaulted the victim. Can dwelling beappreciated against him?

A. Yes. For as long as the violence or assaultstarted inside the dwelling. Against theoffended party who has not given theprovocation.

Q. What if from the outside, there is noentry into the dwelling, but from the outsidenibaril nya yung private offended partywho was there inside. No provocation onthe part of the private offended party. Isdwelling aggravating?A. Yes. The violence was committed there

although from the outside and the victim gaveno provocation.

Note:Burden of proof prosecution

4. Abuse of confidence / obviousungratefulness

5. Committed in the palace of the chiefexecutive, etc.

Situations:

1. Committed in the palace2. Committed in the palace in the presence ofthe president3. Committed anywhere in the presence of thepresident

Q. What if the crime was committed in theArlgeui Residence which is situated in theMalacanan grounds?A. It is not aggravating (unless in the presenceof the president) because the term palacecontemplates Malacaan Palace only.

Note: The Arlegui Residence was built duringthe time of President Corazon Aquino becausePres. Aquino does not want to live inMalacaan Palace so a house was built for herinside the Malacaan grounds.

6. Nighttime, uninhabited place, band

Discussion: For these three aggravatingcircumstances to be appreciated against theaccused, the crime was committed in order tofacilitate the crime.

NighttimeIt is not enough that the crime was simplycommitted at night time.

ExampleYou killed somebody now (nighttime) but thereis no showing that you purposely waited fornight time to facilitate the commission of thecrime. It just simply happens that the crimewas committed at nighttime. Nighttime in thiscase is not aggravating.

Nighttime will only be aggravating to increasethe criminal liability of the accused if it can beshown that it was purposely sought for tofacilitate the commission of the crime.

Q. Why?A. Because pag night time mas mahirap angidentification lalo na kung maitim sya

The Crime is Committed in an UninhabitedPlace

ExampleYou want to kill him in a far place, in awarehouse or bodega, wala syang means ofescape or he cannot ask help from anybody. Inthis case, uninhabited place was purposelysought for the commission of the crime.

The burden of proof - is in the prosecutionthat it is an uninhabited place. Na hinanap yanor dinala sya don for the victim not to be ableto seek help from anybody.

By a BandThis is not a rock band This is a criminal band.

Q. When is a crime considered to havebeen committed by a band?A. If there are more than 3 armed male factorswho committed the crime.

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Note: 4 male factors - 3 of them armed and 1not armed no band

Note: There is another aggravatingcircumstance that speaks of armed men (No. 8of Article 14).If the crime is committed with the aid of armed

men that is a different aggravatingcircumstance but if you notice whethercommitted by a band or with the aid of armedmen, the men in those circumstances arearmed.

Q. What would make a band as anaggravating circumstance?A. 1. The (whole) band or all of them must bearmed.2. At least 4 or more than 3 armed malefactorsmust have participated in the commission of

the crime.3. They must be principals by directparticipation in the commission of the crime.

Q. If 4 sila but only 3 directly participated inthe commission of the crime 1 participatedby virtue of inducement. Can youappreciate band as an aggravatingcircumstance?A. No. because at least 4 armed malefactorsmust have directly participated in thecommission of the crime. All of them must be

principals by direct participation.

Q. How is it different from the aggravatingcircumstance of the crime being committedwith the aid of armed men?A. 1. With the aid of armed men the armedmen need not necessarily take part on thecommission of the crime. This aggravatingcircumstance is appreciated only against thevery person who committed the crime. So angnag-direct participate ay yung taong nag-relysa kanila.

If the crime is committed by a band it will beappreciated against all of them because theyare all principals by direct participation.2. With the aid of armed men thisaggravating circumstance will only be takenagainst the very person who committed thecrime and the armed men who aided him willbe considered as accomplices not conspiratorsbecause it was not mentioned what kind of aid.

As long as they are there, they areaccomplices.If the crime is committed by a band All musthave participated directly in the commission ofthe crime so that will be appreciated against allof them.

7. On the occasion and by means of calamityor misfortune

Q. What is the purpose of committing thecrime?A. You are taking advantage of the misfortune.

ExampleIn the course of relief operations, nagnanakawka pa. Super criminal ka!

8. Committed with the aid of armed men

9. Recidivism

Forms of Repetition1. Recidivism2. Habituality or Reiteracion3. Habitual Delinquency (Art. 62)4. Quasi-recidivism (Art. 160)

1. Recidivism if the offender after havingbeen previously convicted by final judgment isnow on trial for a new offense embraced in the

same title of the code.

Q. If he has been previously convicted oftheft by final judgment and after which hekilled somebody. Is he a recidivist?A. No. Because theft is a crime againstproperty and the killing or homicide is a crimeagainst persons. Both crimes must beembraced in the same title of the code.

Q. What if the person after having beenpreviously convicted of homicide, kills

another person. Is he a recidivist?A. Not necessarily because he has not beenpreviously convicted by final judgment. Notethat at the time of his trial for the new crimewhich is embraced in the same title, he musthave been previously convicted by final

judgment to make him a recidivist.

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Q. When is judgment by conviction final?A. After the expiration of the 15-day periodreckoned from notice of promulgation of

judgment without any appeal taken from thejudgment.

10. Habituality

2. Habituality or Reiteracion the offenderhas been previously punished for an offense towhich the law attaches an equal or greaterpenalty than the penalty for the new crime orhe has been previously punished for 2 or morecrimes to which the law attaches a lighterpenalty.

Punished for an Offense to which the LawAttaches an Equal or Greater PenaltyQ. Serious physical injuries it turns out

that before he committed serious physicalinjuries, records show that he has beenpreviously punished or he has servedsentence for homicide. Is there habituality?A. Yes. Because what he committed is equalor greater than homicide.

Note: pag baliktad hindi pwede.ExampleHe commits homicide now and he has beenpreviously punished of physical injuries.

Note: homicide to homicide pwede kasiequal.

Note: In habituality, we are talking about thepenalty, if it is greater or equal than the newcrime.

Two or More Offenses to which the LawAttaches a Lighter PenaltyQ. He has been previously punished for 2counts of slight physical injuries. He nowstands trial for maltreatment. Is there

habituality? Is he punished for 2 or morecrimes to which the law attaches a lighterpenalty?A. Yes. Lighter than the new crime.

He has been previously punished for lessphysical injuries (light offense) to which thelaw attaches a lighter penalty. He is now ontrial, he commits slight physical injuries. Isthere habituality?

A. None. Light yan eh!

Note: Lagyan nyo lagi ng than. Equal orgreater than what? Than the new penalty forthe new offense. Lighter than the penalty forthe new offense.

3. Habitual Delinquency (Art. 62) if within aperiod of 10 years reckoned from the date ofhis last release or last conviction of the crimesof:a. Serious physical injuriesb. Less serious physical injuriesc. Robberyd. Thefte. Estafaf. Falsificationhe is found guilty of any of said crimes a thirdtime or oftener.

Note: Any of the said Crimes

ExampleHe has been convicted of robbery, convictedfor 10 years. He has been found guilty ofserious physical injuries. He is a habitualdelinquent.

The 3rd time or Oftener 3rd, 4th, 5th, 6th

Q. Why is this aggravating?

A. (In a way this is a special aggravatingcircumstance). Because under Art. 62, if it iscommitted for the third time or any of the sixcrimes this is penalty for the new crimeplus plus. The penalty will be increased oradded.

4. Quasi-recidivism (Art. 160) after havingbeen previously convicted by final judgment orbefore serving sentence or while servingsentence, he commits a new crime.

ExampleHindi pa sya nakaka-serve or he has notfinished serving his sentence by final

judgment, nag commit na naman sya ng newcrime, there is quasi-recidivism.

Note: Please remember pareho lang sila ngapelido ng recidivism but they are totallydifferent.

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Recidivism vs. Quasi-recidivismRecidivism the second crime must havebeen embraced in the same title of the code asthe previous crime of which he was convictedby final judgment.Quasi-recidivism there is no suchrequirement

11. Price, promise or reward

12. Inundation, fire, poison, explosion,stranding of a vessel etc.

13. Evident PremeditationRequisites:

1. Time when the offender has decidedto commit the crime.

2. Act manifestly indicating that he hasclung to his determination to committhe crime.

3. Sufficient lapse of time from the timehe decided to commit the crime up tothe time he actually executed his clungto commit the crime.

ExampleHe decided to kill somebody after his decisionto kill somebody he makes preparation heconducted a survey where does his intendedvictim reside? What time does he go back tothe house? Then he buys the instrument for

killing these are acts manifestly indicatinghis clung or determination to commit the crime.

Evident Premeditation meaning that thereis sufficient lapse of time. Note that evidentpremeditation is not presumed.

Premeditation there is cool reflection.ExampleIsip?! Isip?! Itutuloy ko ba?

If you kill somebody, you will be liable but your

penalty will be increased. You could havedesisted from doing it but the fact that youdeliberated on it and you have sufficient time toreflect on it Evident premeditation is veryobvious. May criminal perversity ka becauseyou sought / thought to do it you planned to doit

Q. If the offender says I plan and I havedecided to kill the first person I meet on thestreet. He gets an instrument of the crime.He goes out of his house and seessomebody who is walking and kills thatsomebody. Can evident premeditation beappreciated?

A. Yes. The 3 elements are present.

Q. What if he says I plan to kill Mr. X. Imade the necessary preparations. I havedecided to kill Mr. X. I purchased thenecessary instrument jungle bolo to kill Mr.X. I conducted the necessary moves withwhich to execute my plan to kill Mr. X. Onthe day when I am supposed to kill Mr. X, Isaw somebody and I killed that somebody.It turned out that somebody is not Mr. X butMr. Y. Will I be liable for the death of Mr. Y?

A. Yes. But evident premeditation will not beappreciated against me if I killed anotherperson because my plan was to kill X. I killedMr. Y so with respect to the killing there is noevident premeditation.

14. Craft, fraud or disguiseCraft cunning presentation

Fraud misrepresentation

Disguise Intended to make identification

more difficult.ExampleYou put a mask to commit a crime

Q. What is the purpose for resorting tothis? Why is it aggravating?A. It would show a greater criminal perversityon the part of the offender. When an offenderresorted to craft or fraud or disguise to deceivethe victim and he was able to accomplish theplan criminal perversity.

15. Abuse of superior strengthIt means greater strength. It is a notoriousinequality of forces between the victim and theaggressor. It does not refer to numericalsuperiority.

Example3 offenders and 1 victim it does notnecessarily mean that there is abuse ofsuperior strength

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1 on 1 your victim is parang hindi kumain ng10 araw, victim mo lelembot lembot. Ikawincedible hulk you abuse your superiorstrength. There is abuse of superior strength.The offender took advantage of his greaterstrength.

16. TreacheryTreachery applies only to crimes againstpersons.

Note: There is a deviation. A case decided bySC (People vs. Escote, 2003). In this casetreachery was considered in a case of robberywith homicide (eh di ba ang robbery withhomicide is a special complex crime?) What isthe main crime in this case? Di ba robbery?Robbery with homicide is a crime against

property and yet in this case treachery wasconsidered only to increase the penalty forhomicide. How can they increase? Eh specialcomplex crime nga yan eh. 1 penalty langbinibigay dyan eh. This case is a deviation.

For Purposes of Determining Whether thereis Treachery Remember 2 things thesemust Concur:

1. Mode of attack must have beenconsciously adopted by the accused.

2. To make sure that at the time of the

attack, the victim is defenseless.

Mode of AttackThe mode of attack must have beenconsciously adopted by the accused meaningthat the mode of attack must have beendeliberately chosen by the accused. It is not animpulsive attack. It is not simply an impulsivereaction of the accused to any provocation onthe part of the victim.

Q. It must have been consciously adopted

by the accused or deliberately chosen bythe accused, for what purpose?A. To ensure the accomplishment of hispurpose (without risking self), arising from anydefense that the victim might put up and tomake sure that at the time of the attack, thevictim was defenseless.For as long as it was shown that the victim wasdefenseless at the time of the attack treachery is there.

Q. What if X and Y quarreled. After theirfight, X attacked Y from behind. Is theretreachery? (People vs. Samson)A. No. The SC said that the fact that theyquarreled, it must have put the victim Y onguard that something is going to be done after

the fight.

Note: Even if the victim was attacked in frontbut the attack was sudden and that at the timeof the attack, the victim had no weapon(defenseless) treachery

17. Ignominy

Ignominy vs. CrueltyIgnominy you committed the crime but in thecommission of the crime you still do something

to add to the moral suffering of the victim.

Note: Generally, ignominy is not applied tocrimes against chastity.

Cruelty You commit a crime and you still dosomething else in addition to the crime thatwould add to the physical suffering of thevictim.

ExampleCase of grave coercion an old woman was

asked to show her underwear. That act adds tothe moral suffering of the old woman.

People vs. Yao (March 2000) when youcommitted rape in dog style position. This isignominy. But note that rape is a crime againstperson.

Note: In cruelty, at the time you do other acts,the victim must have been alive kasi nga itadds to the physical suffering of the victim. Themanner is to augment the victims physical

sufferings.

New SC Decision: The number of woundssustained by the victim is not determinative ofexistence of cruelty in the commission of thecrime. It must be proved that those woundswere inflicted in a manner that would add tothe physical suffering of the victim.

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People vs. Salvador (1987) victim sustained56 stabbed wounds. The offender wasconvicted of murder. Is there cruelty?Held: No cruelty. It must be shown by theprosecution that those wounds were inflicted toaugment the victims physical sufferings.Homicide not murder.

ExampleIf the wounds were inflicted successively andthe victim is still alive, usually, if it issuccessive, hindi mo na nararamdaman. Itmust be proved that such wounds wereinflicted to augment the physical sufferings ofthe victim. There must be circumstantialevidence to show that tsak! Aray! Tsak! Aray!Tsak! Ang sakit!

18. Unlawful Entry

19. Breaking of wall, roof, floor, door orwindow

20. Aid of minor, use of motor vehicle

Use of Motor VehicleDifferentiate if the offense was committed withthe use of a motor vehicle it is aggravatingbut if the offense was committed inside a motorvehicle not aggravating.

Crime was Committed Under 15 Years ofAgeMahirap na kasi di ba lahat ng 15 exempt?

It is hard to prosecute kasi sino nagsabi sakanila na gawin nila?

21. Causing other wrong not necessary for itscommission

ARTICLE 15

ALTERNATIVE CIRCUMSTANCES

Alternative (either or) meaning that itmay either be mitigating or aggravating or evenempting.

1. Relationship2. Intoxication3. Degree of Instruction or Education of

the Offender

Q. Why 1, 2, 3 are alternativecircumstances?A. Meaning that relationship could either beaggravating or mitigating, intoxication couldeither be aggravating or mitigating, degree ofinstruction could either be aggravating or

mitigating. It would depend on thecircumstances that would be established.

1. RelationshipGenerally, mitigating in crimes against propertyalthough relationship may be exempting intheft, estafa or swindling, malicious mischief, ifthe crime is committed mutually by therelatives.

Relatives mutually committed between:1. Spouses the husband and the wife,

ascendants, descendants, relatives by affinityin the same lineExampleDarling nasan na yung alahas ko? Di ka naman nag aalahas ha. Binigay mo siguro sababae mo. (Nagnakawan sila)2. The widowed spouse3. Brothers and sisters and brothers-in-law andsisters-in-law, if living together. (Art. 332)

Other Rules:1. Relationship is aggravating if the victim

is a relative of a higher or equal degreethan the accused.

2. Relationship is neither mitigating noraggravating if relationship is aningredient of the crime.Exampleparricide

2. IntoxicationIntoxication of the offender is mitigating - if theoffender has committed a felony in a state ofintoxication, if the same is not habitual orsubsequent to the plan to commit a felony.

If intoxication is habitual (G.S.M. Blue -morning, noon and night) or intentional it isaggravating but it must be subsequent to theplan to commit the crime.

Q. Why is it aggravating?A. If it is subsequent to the plan or after yourplan to commit the crime, uminom ka in orderfor you to commit the crime this is

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aggravating. But if intoxication is subsequent tothe commission of the crime this is notaggravating because you already committedthe crime. Your purpose for drinking is that youare celebrating

3. Degree of Instruction or Education of the

OffenderGenerally, it is mitigating if the offender has alow degree of instruction or education butdefinitely not mitigating or aggravating incrimes against property or crimes againstchastity, even in treason. Why? Because noneed to be a lawyer to commit rape or robberyor theft.

ARTICLE 16

WHO ARE CRIMINALLY LIABLE?

Persons criminally liable1. Principals2. Accomplices3. Accessories

ARTICLE 17

PRINCIPALS

Principals:1. Principals by direct participation

material perpetrator of the crime. Theone who actually committed the crime.

2. Principals by inducement offeringpromises to another to commit thecrime. The inducement must be thedetermining factor for the commissionof the crime.

3. Principals by indispensablecooperation without him or withouthis cooperation, the crime would nothave been committed. (relate this toaccomplice)

1, 2, 3 for these principals to be liable, theremust be evidence of conspiracy. Why?Because the act of 1 is the act of all. Even ifyou induced him and he was not induced, he isnot liable.

If no evidence of conspiracy only the onewho materially perpetrated the crime is liable.

Principals by indispensable cooperation vs.AccompliceBoth cooperates only that in principals byindispensable cooperation the crime could nothave been accomplishes without him orwithout his cooperation.

ExampleHe was the only 1 who owns a banca thatcould bring the offender to a very remoteisland. The crime could not have beenaccomplished without him.

ARTICLE 18

ACCOMPLICES

Accomplice cooperates but even without his

cooperation, the crime could still have beencommitted. The cooperation of the accompliceis merely necessary to facilitate thecommission of the crime.

Rule: If there is a doubt with respect to theliability of a person who gives cooperation,whether he is a principal by indispensablecooperation or accomplice, doubt should beresolved in favor of the accused beingconsidered as an accomplice. Use thisprinciple only when there is doubt. Analyze ifhis cooperation is necessary.

ARTICLE 19

ACCESSORIES

Accessories takes part subsequent to thecommission of the crime. He is an accessoryafter the fact of the commission of the crime.

Note: PD 1612 Anti Fencing Law.Yung fence takes part subsequent to thecommission of robbery or theft. This person will

be charged as a fence under PD 1612 or if hetakes part subsequent to the commission ofrobbery or theft.ExampleSold articles if he profits.If the offender takes part subsequent to thecommission of any other crime other thanrobbery or theft. He will be charged as anaccessory under the RPC.

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ImportanceThis is important because if you take partsubsequent to the commission of robbery ortheft, you are a fence, you are charged underspecial law the penalty is higher.But if you take part subsequent to thecommission of any other crime other than theft

or robbery, you will be charged as anaccessory under RPC entitled to a penaltyof 2 degrees lower.

Accomplice 1 degree lower than the penaltyof the principal

Accessory 2 degrees lower but that wouldapply to accessories under the law and notthose of taking part subsequent to thecommission of theft or robbery.

Q. Can there be conviction of anaccomplice or accessory even withoutprosecution or conviction of the principal?A. Yes. If let us say that principal is acquittedbecause he is exempt from criminal liability.The importance is you have established thefact of the commission of the crime.

Q. What if the principal is unknown or hiswhereabouts is unknown or the principal isat large or the principal is being triedseparately, can there be a conviction of an

accessory?A. Yes. For as long as the act of thecommission of the crime had been established.For as long as corpus delicti have beenestablished.

Corpus delicti means the fact of thecommission of the crime.

ARTICLE 20

ACCESSORIES WHO ARE EXEMPT

FROM CRIMINAL LIABILITY

Accessories under Art. 20 who are exemptfrom criminal liability exempt with respectto their spouses, ascendants, descendants,legitimate, natural, adopted brothers andsisters or relatives by affinity within the samedegree except if they are accessories whoprofited by the effects of the crime or who

assisted the offender to profit by the effects ofthe crime.

Meaning: They are exempt with respect to 2and 3 (of Article 19) from criminal liability.

ARTICLE 21

NO FELONY SHALL BE PUNISHABLE

BY ANY PENALTY NOT PRESCRIBED

BY LAW PRIOR TO ITS COMMISSION

Even if the act appears to be illegal or immoralif there is no law punishing it, the same cannotbe penalize if its not even defined orconstitutive of a crime and there is no penaltyprovided by the law, hence cannot be penalize.

ARTICLE 22EXCEPTION WHEN THE LAW SHALL

BE GIVEN RETROACTIVE

APPLICATION

ARTICLE 23

PARDON BY THE OFFENDED

PARDON

1. By the Chief Executive (Art. 36)a. extinguishes criminal liability

(absolute pardon)b. does not extinguish civil liability

because the president cannotgive away anything which doesnot belong to him/her

2. By the Offended partya. Does not extinguish criminal

liability because the offendedparty is simply a witness in acriminal case.

b. Extinguishes civil liability if theoffended party waives the claim

to such civil liability.

ARTICLE 24

MEASURES OF PREVENTION NOT

CONSIDERED AS PENALTY

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ARTICLES 25 - 113

PENALTIES

INDETERMINATE SENTENCE LAW

PROBATION

_________________________________________

SCALES OF PENALTIES under RPC (3)

1. Art 25Penalties which may be impose (Principal andAccessory Penalities)

2. Art 70Successive Service of Sentence (PenaltiesAccording to their Severity)

3. Art 71Graduated Scales of Penalties

It is in this article where we would seethe penalty next higher or lower indegree.

ExampleIf in the problem there exist a privilegemitigating circumstance and the imposablepenalty is Reclusion Temporal it will belowered to one (1) degree and to find outwhat is one (1) degree lower that ReclusionTemporal we would rely on Art. 71, which isPrision Mayor.

We only have scales of penalties under theRevised Penal Code and none under SpecialLaw, therefore as far as modifyingcircumstance are concerned, they are not to beconsidered in criminal actions involvingviolation of special law due absence of scale ofpenalties. As for violations of RPC themodifying circumstances should be consideredsince there is scale of penalties provided for inthe same.

DURATION OF PENALTIES

Reclusion Perpetua :20 years and 1 day 40 years

Reclusion Temporal :12 years and 1 day 20 years

Prision Mayorand Temporary Disqualification :6 years and 1 day 12 years

Prision Correccional, Suspension andDestierro:6 months and 1 day 6 years

Arresto Mayor:1 month and 1 day 6 months

Arresto Menor:1 day 30 days

Bond to keep the peace:Such period of time as the court maydetermine.

Reclusion PerpetuaReclusion Perpetua (RP) has been given aduration (20 years and 1 day 40 years), byvirtue of RA 7695 (Heinous Crime Law), uponits promulgation there has been a confusion.

Everyone knows that RP is a indivisiblepenalty, hence no period. It is only in divisiblepenalty where we consider period, whichconsist of (3 periods, minimum; medium;maximum), in other words one period of adivisible penalty is one of 3 equal portions ofperiods.

Nonetheless, RP remains to be an indivisiblepenalty, as enunciated by the Supreme Court(SC) in the case of Pp. v Lucas; the duration ofRP was only for the purpose of determining the

number of years when may a person beincarcerated or imprisoned.

Reclusion Perpetua Life Imprisonment

1. A penalty under theRPC

1. Under the SpecialLaw

2. as to duration: 20years and 1 day 40years

2. Indefinite

3. Has an accessory

penalty

3. None

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Article 25Classification of Penalties

Principal Penalty Accessory Penalty

1. Prescribe by theRPC for the offense

chargee.g. treason (RP death), espionage(Pri. Cor)

1. Perpetual ortemporary absolute or

or specialdisqualification,

forfeiture,confiscation, civil

interdiction.

2. Has to be expresslyimpose in the

judgment

2. Need not beexpress since it isdeemed impose inevery judgment.e.g. is herebysentence to suffer the

RP with all theaccessory penaltiespertinent theretopursuant to the RPC

PreventiveImprisonment

SubsidiaryImprisonment

1. There is yet nojudgment or theaccused ischarged with a non-bailable offense oreven if bailable, hasno property or fundwith which to postbail, who is beingdetained during trial.

1. Only afterjudgment has beenrendered

2. This is not apenalty. If convictedhe will given a creditfor the period that hewas detained.

2. This is a principalpenalty, if convict issentence to pay fine,but there is no fund toenable him to pay, hemay beimprisoned. Being aprincipal penalty mustbe expressly imposedin the decision.

ExampleIf in the judgment it isstated that he ishereby imposed topay a fine of P10Kwith subsidiaryimprisonment in case

of insolvency(expressly imposed)

ExampleIf it is stated only heis hereby imposed topay a fine of P10K no expressdeclaration as tosubsidiaryimprisonment, hence,he cannot be made to

undergo subsidiaryimprisonment since itis not stated in the

judgment

Confiscation and Forfeiture ofProceeds of a crime: an accessorypenalty hence need not be expresslyimposed in the judgment.

COMPLEX CRIME1. Regular (Article 48)

a. Compound Crimeone act producing 2 ormore grace or less grave felonies (ConcursoIdeal)Examplethrowing of hand grenade (Pp. v. Hernandez),the single act of throwing the grenade, killingseveral and seriously wounding others(multiple homicide, multiple physical injuries)

As distinguished from Continuing,Continued, Continuous Crime there is asingle crime consisting of series of crime, all

arising from one criminal resolution, committedat or about the same time and place.(Concurso Real). In our jurisdiction, thisconcept is no longer adopted. What is beingused instead is the concept of TransitoryCrimes, which usually contemplatesprosecution, and where several elements or acrime occurred in different places for purposesof venue.

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b. Complex Crime Proper one crime is anecessary means to commit the other crime.ExampleEstafa thru falsification of public document;forcible abduction with rape

2. Special - arising in the course of, by reason

of, on occasion of: (the law specificallyprovides what penalty is to be imposed). E.g.in the course of, by reason of, on occasion ofrobbery someone is killed Robbery withhomicide; in the course of, by reason of, onoccasion of robbery someone is rape Robbery with rape

Compound CrimeQ. What if one act produces 2 or moregrave, less grave and light felonies, willthere be a compound crime?

A. Yes, with respect to the grave and the lessgrave and the light felony would be segregatedwhich cannot be complex.

People vs. Lawas (1960)Involves a single act of pulling the trigger of anmachine gun which produces several bulletsand so several persons were killed. SC in thiscase held that the single act of producing thetrigger and producing several deaths is acompound crime. In this case there wereseveral accused holding a machine gun, and

all of them fired at the same time and it cannotbe determine, from whose gun the bulletscame from. In this case it was considered acompound complex crime.

Pp. v. Tabaco (1992)`Involves gunfire from a rifle, which resulted to4 killings. It cannot be considered ascompound complex crime even a single act ofpulling the trigger, it is not the act of pulling thetrigger and producing several deaths becausethat is the determining factor but the number of

bullets which are actually fired and producesseveral death that would be determinativewhether it is complex or not. Each person hitby different bullets is a victim of separatehomicide or murder. In this there is only oneaccused, so he has been identified as theperson who killed several persons from whosegun the bullets were fire. In Pp. v. Lawas itcannot be determined from whose gun the

bullets came so what the SC held is that thecrime involves a compound crime.

Q. What if one of the components of acomplex crime has not been proved? Whatis the effect? Can the accused neverthelessbe held liable of the other crime?

A. Yes, provided that the other crime is provenbeyond reasonable doubt and the other crimenot proven he shall be deemed acquitted.

Q. What if both crimes were proved? Whatis the penalty?A. The penalty for the most serious offenseshall be imposed in its maximum period. Therelies the difference between a regular andspecial complex crime for in the latter, the lawspecifically provides a penalty for that specialcomplex crime. While in the former, the penalty

for the most serious crime in its maximumperiod shall be imposed.

Divisible Penalty it is composed of 3periods,1 period of a divisible penalty is one ofthe 3 equal portions of a divisible penalty(Period: Minimum, Meduium, Maximum). Aperiod is different from a degree.

A period is one of the 3 equal portions of adivisible penalty, a PENALTY is 1 DEGREE.However if one penalty consist of a period; For

example the penalty is PRISION MAYORMAXIMUM as illustrated below:

Prision Maximum 1 period 2 periods

Mayor MediumMinimum

Q. If 1 penalty is 1 degree, what is thepenalty next lower in degree?A. Prision Mayor Medium

If penalty consist of 2 periods, then the penaltynext lower in degree would be that 2 periodslower as well. For instance, the penaltyprescribe by the law for the offense charged isPM medium and maximum, that is onepenalty, one degree lower consist of 2periods, then 2 periods down so the penaltynext lower in degree of PM medium andmaximum, would be PRISION

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CORRECIONAL MAXIMUM AND PRISIONMAYOR MINIMUM.

If the penalty consist of the whole extent ofPRISION MAYOR, one degree lowerconsist of 3 periods is PRISIONCORRECIONAL.

Penalty for the Principal (P), Accessory (*A)and Accomplices (A)The numbers represent the degrees

Consummated Frustrated AttemptedP 0 1 2A 1 2 3*A 2 3 X

The basis in determining the imposable

penalty would always be the penalty prescribeby the code for the offense charge. Thatpenalty is always imposed on the principal; thepenalty for the principal in the consummatedstage of the felony is the penalty prescribe bythe code for the offense charge, represented inthe table as 0. (Whenever the law prescribesa penalty for a felony, in general terms itshall be understood as applicable to theconsummated felony). The reckoning point ispenalty prescribe by law for the principal in theconsummated stage, which is the penalty

prescribe by the code for the offense charge

The penalty for the accomplice in theconsummated stage of the felony is 1 degreelower than that prescribe by the code for theoffense charged.

ExampleThe penalty prescribe by the code for theoffense charge is Reclusion Temporal (forthe principal in the consummated stage)

Accomplice-Consummated (Prisi

criminal law 1 cornejo

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