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SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID in CRIMINAL LAWAny form of reproduction of this copy is strictly prohibited!!!

MEMORY AID IN

CRIMINAL LAWBOOK ONE

CRIMINAL LAW – The branch or

division of law which defines crimes, treats of their nature and provides for the punishment.

LIMITATIONS ON THE POWER OFCONGRESS TO ENACT PENAL LAWS1. must not violate the equal protection clause

of the Constitution.2. must not partake the nature of an “ex postfacto law”.

3. must not partake of the nature of a “bill of attainder”.

4. must not impose cruel and unusualpunishment nor excessive fines.

CHARACTERISTICS OF CRIMINALLAW

1. GENERAL, in that criminal law is binding on

all persons who live or sojourn in Philippineterritory (Art. 14, New Civil Code.).

EXCEPTIONS:a. Those who are exempted bytreaty stipulations.b. Those who are exempted bylaws of preferential applicationc. Those who are exempted byvirtue of the principles of public internallaw (such as sovereigns and other chiefsof state, ambassadors, ministersplenipotentiary, ministers resident, andtheir charges d’affaires. But consuls,vice-consuls and other commercialrepresentatives of foreign nations do not

possess the status of, and cannot claimthe same privileges and immunitiesaccorded to ambassadors and ministers(Wheaton, International Law).

2. TERRITORIAL, in that criminal laws of the

Philippines, as a rule, are enforceable onlywithin 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 whichit was not punishable when committed. Asprovided in Article 366 of the Revised penalCode, crimes are punished under the laws inforce at the time of their commission.

EXCEPTION:

a. When a new statute dealing withthe crime established conditions morelenient or favorable to the accused, it canbe given a retroactive effect.

BUT THIS EXCEPTION HAS NOAPPLICATION WHEN:

a. the new law is expressly madeinapplicable to pending actions or existing causes of actions.b. the offender is a habitualcriminal.

EFFECTS OF REPEAL OF PENAL

LAW1. If the repeal makes the penalty lighter in thenew law, the new law shall be applied.Except when the offender is a habitualdelinquent, or when the new law is madeinapplicable to pending actions or existingcauses of action.

2. If the new law imposes a heavier penalty, thelaw in force at the time of the commission of the offense shall be applied.

3. If the new law totally repeals the existing lawso that the act which was penalized under the old law is no longer punishable, the crimeis obliterated.

ART. I. TIME WHEN THE ACT TAKESEFFECT.

TWO SCHOOLS OF THOUGHT INCRIMINAL LAW

1. Classical - the basis of criminal liability ishuman free will, and the purpose of thepenalty is retribution.

2. Positivists- man is subdued by a strange andmorbid phenomenon which constrains him to

do wrong, in spite of or contrary to his ownvolition; crimes are penalized distinctly ineach particular case.

ART. 2. APPLICATION OF ITSPROVISIONS

This article is an exception to the principle of Generality of penal laws.

VESSELS1. A Philippine vessel or aircraft must be

understood as that which is registered in thePhilippine Bureau of Customs.

2. Disorders which disturb only the peace of theship or those on board are to be dealt withexclusively by the sovereignty of the home of the ship, but those which disturb the publicpeace may be suppressed, and, if need be,

1CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, MitchMunoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.





the offenders punished by the proper authorities of the local jurisdiction.

3. In case vessels are in the ports or territorialwaters of a foreign country, a distinction mustbe made between the merchant ships andwarships. The former are more or lesssubjected to the territorial laws. Warshipsare always reputed to be the territory of thecountry to which they belong and cannot besubjected 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, internalacts are beyond the sphere of penal laws.

2. That the act or omission must be punishableby the Revised Penal Code; the reasonbeing, “nullum crimen, nulla poena sinelege”- there is no crime when there is no lawpunishing it.

3. That the act is performed or the omissionincurred by means of dolo or culpa.

CLASSIFICATION OF FELONIESACCORDING TO THE MEANS BY WHICH

THEY ARE COMMITTED

1. Intentional felonies- the act is performed

with deliberate intent or malice. Theoffender, in performing the act or in incurringthe omission, has the intention to cause aninjury 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 presumedfrom the commission of an unlawful act.

2.Culpable felonies- the act or omission of

the offender is not malicious. The injurycaused by the offender to another person is“unintentional”, it being simply the incidentof another act performed without malice.REQUISITES OF CULPA:Criminal intent is replaced by “negligenceand imprudence” in felonies committed bymeans of culpa. Such negligence or indifference to duty or to consequence is, inlaw, equivalent to criminal intent. Hence, itis still consistent with the rule that: “a crimeis not committed, if the mind of the personperforming the act complained of be

innocent”.REASON FOR PUNISHING ACTS OF NEGLIGENCE:

A man must use common sense, andexercise due reflection in all his acts; it is hisduty 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 SPECIALLAWS, and where criminal intent (or criminalnegligence) is not, as a rule, necessary--- itbeing sufficient that the offender has theintent to perpetrate the act prohibited by thespecial law.

When the doing of an act is prohibitedby a special law, the act is injurious topublic welfare and the doing of theprohibited act is the crime itself. The actalone, irrespective of its motives,constitutes the offense, and so goodfaith is not a defense.

However, when the act penalized under the Special Law is inherently wrong,good faith and lack of criminal intent arevalid defenses.

MALA IN SE AND MALA PROHIBITA1. Malum in Se – (bad per se) violation of the

RPC2. Malum Prohibitum – violation of special penal

laws

DISTINCTIONS

(CODE: G-CAMP)Malum in se Malum prohibitum1. Criminal liability is

based on theMORAL TRAIT of the offender, that iswhy liability wouldonly arise whenthere is dolo or culpa in thecommission of thepunishable act.

1. The moral trait of the offender isNOT considered, itis enough that theprohibited act bevoluntarily done.

2. GOOD FAITH or lack of criminalintent is a validdefense, unlessthe crime is theresult of culpa.

2. Good faith is NOTa defense.

3. The degree of ACCOMPLISHMENT of the crime istaken into accountin punishing theoffender. Thus,there are

attempted,frustrated andconsummatedstages in thecommission of thecrime.

3. The act gives riseto a crime onlywhen it isconsummated.There are NOattempted or frustrated stages.






Malum in se Malum prohibitum

4. Penalty may vary

depending on thepresence or absence of CIRCUMSTANCES.

4. Mitigating and

aggravatingcircumstances areNOT taken intoaccount inimposing thepenalty.

5. Where there aremore than oneoffender, thedegree of PARTICIPATIONof each in thecommission of thecrime is taken intoaccount inimposing thepenalty. Thusoffenders areclassifiedprincipals,accomplices andaccessories.

5. The degree of participation of anyoffender is NOTconsidered. Allthose whoperpetrated theprohibited act arepenalized to thesame extent.There is noprincipal or accomplice or accessory toconsider.

DISTINCTIONS

INTENT MOTIVE

1. purpose to useparticular means toeffect such result

1. moving power whichimpels one to act

2. element of the crime,except in malumprohibita

2. NOT an element of the crime

3. essential inintentional felonies

3. essential only whenthe identity of theperpetrator is in doubt

ART. 4. CRIMINAL LIABILITY

One who commits an intentional felony isresponsible for all the consequences which maynaturally and logically result therefrom, whether foreseen, intended or not.

REQUISITES FOR CRIMINAL LIABILITY FORA FELONY, DIFFERENT FROM THAT

INTENDED TO BE COMMITTED (ART. 4,PAR.1):

1. That an Intentional felony has beencommitted; and

2. That the wrong done to the aggrieved partybe the direct, natural and logicalconsequence of the felony committed by theoffender (Proximate cause).

PROXIMATE CAUSE -the cause, which, innatural and continuous sequence, unbroken byany efficient intervening cause, produces theinjury, and without which the result would not

have occurred”.

One is NOT relieved from criminal liability for the natural consequences of one’s illegal actsmerely because one does not intend to producesuch consequences, as long as the felonycommitted was the proximate cause.

CAUSES WHICH MAY PRODUCE ARESULT DIFFERENT FROM THAT

INTENDED1. Error in personae- mistake in the identity of

the victim2. Aberratio ictus- mistake in the blow3. Praeter intentionem- the injurious result is

different from that intended

MISTAKE OF FACT AS A DEFENSEREQUISITES:

1. the act done would have been lawful had thefacts been as accused believed them to be

2. the intention of the accused in doing the actwas lawful

3. the mistake was without fault or carelessnesson the part of the accused

REQUISITES FOR AN IMPOSSIBLE CRIME(ART. 4, PAR. 2):

1. That the act performed would be an offenseagainst persons or property

2. That the act was done with evil intent3. That its accomplishment is inherently

impossible, OR that the means employed iseither inadequate or ineffectual.

4. That the act performed should not constitutea violation of another provision of theRevised Penal Code.

The purpose of the law in punishingimpossible crime is to teach the offender a lessonfor his criminal perversity.

There is no such thing as an attempted or frustrated impossible crime.

ART. 6. CONSUMMATED,FRUSTRATED,

AND ATTEMPTED FELONIES

STAGES OF OFFENSES1. CONSUMMATED FELONY - A felony is

consummated when all the elementsnecessary for its execution and

accomplishment are present.

Every crime has its own elements, whichmust all be present to constitute a culpableviolation 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 asa consequence, but which nevertheless donot produce it, by reason of causesindependent of the will of the perpetrator.

ELEMENTS:(CODE: APNI)

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 NOTconsidered. What should be consideredis whether all the acts of executionperformed by the offender “wouldproduce the felony as a consequence”.

3. ATTEMPTED FELONY - There is an attemptwhen the offender commences thecommission 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:(Code1: C-A-OA)

1. The offender commences the

commission of the felony directly by overtacts

2. He does not perform all the acts

of execution which should produce thefelony

3. The offender’s act be not

stopped by his own spontaneousdesistance;

4. The non-performance of all actsof execution was due to cause or accident other than his own spontaneousdesistance.

OVERT ACTS: Some physical activity or deed, indicating intention to commit aparticular crime, more than a mere planningor preparation, which if carried to its completetermination following its natural course,without being frustrated by externalobstacles, nor by voluntary desistance of theperpetrator will logically ripen into a concrete

offense.

INDETERMINATE OFFENSE : One wherethe purpose of the offender in performing an

1 A dash (-) before a letter means “NOT”.

act is not certain.

Only offenders who personallyexecuted the commission of a crime canbe guilty of attempted felony. But onewho takes part only in the planning of acriminal act, but desists in its actualcommission, is as a rule exempt fromcriminal liability.

TWO STAGES IN THE DEVELOPMENT OF ACRIME:

1. Internal acts, such as mere ideas in the

mind of a person, are not punishable even if they would constitute a crime, had they beencarried out.

2. External acts cover a) preparatory acts and

b) acts of execution.a. Preparatory acts are ordinarilynot punishable. But preparatory acts,considered by law as independentcrimes, are punishable. An example isthe possession of picklocks under Art.304, RPC, which is a preparatory act tothe commission of robbery.b. Acts of execution are punishableunder the Revised Penal Code.

FACTORS TO CONSIDER IN DETERMININGWHETHER THE FELONY IS ATTEMPTED,FRUSTRATED OR CONSUMMATED:1. Nature of the offense2. Elements constituting the felony3. Manner of committing the felony

ART. 7. LIGHT FELONIES

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

frustrated.

ART. 8. CONSPIRACY ANDPROPOSAL 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 a 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 ORPROPOSAL TO COMMIT FELONY:

1. As a manner of incurring criminal liability(general rule)2. As a separate punishable offense (exception)

RULES ON CONSPIRACY ORPROPOSAL TO COMMIT A FELONY:

a. GENERAL RULE: Mere conspiracy andproposal to commit a felony are notpunishable. Reason for the rule: conspiracyand proposal to commit a crime are onlypreparatory acts.

b. Exception: They are punishable in cases inwhich the law specially provides a penaltytherefor.

c. And when conspiracy is itself a crime, noovert act is necessary to bring about criminalliability.

d. But when conspiracy is only a basis for incurring criminal liability, there must be anovert act before the co-conspirators becomecriminally liable. In which case, the rule isthat: “the act of one is the act of all”.

Exception: If any of the co-conspirators wouldcommit a crime not agreed upon, the same isNOT the act of all.

Exception to the exception: But in actsconstituting a “single indivisible offense”, all

will be liable for a crime committed by oneco-conspirator, even though he performeddifferent acts from that agreed upon inbringing about the composite crime. Theothers may only evade responsibility for anyother crime outside of that agreed upon, if itis proved that the particular conspirator hadtried to prevent the commission of such other act.

ART. 9. CLASSIFICATION OF

FELONIESACCORDING TO GRAVITY

IMPORTANCE OF THE CLASSIFICATION:a. To determine whether these felonies can be

complexed or not;b. To determine the prescription of the crime

and the prescription of the penalty.

ART. 10. OFFENSES NOT SUBJECTTO THE PROVISIONS OF THE RPC

The provisions of the RPC on penaltiescannot be applied to offenses punishableunder special laws.

ART. 11. JUSTIFYING

CIRCUMSTANCES

DEFINITIONS:1. Justifying circumstances are those where the

act of a person is said to be in accordancewith law, so that such person is deemed notto have transgressed the law and is free fromboth criminal and civil liability. There is nocivil liability, except in par. 4 of Art. 11, wherethe civil liability is borne by the personsbenefited by the act.

2. Confession and avoidance –the accusedadmits the offense charged but invokes

justifying or exempting circumstances toevade the penalty.

1. SELF-DEFENSEREQUISITES:1. unlawful aggression;2. reasonable necessity of the means employed

to prevent or repel it; and3. lack of sufficient provocation on the part of

the person defending himself

Unlawful aggression is equivalent to assaultor at least threatened assault of animmediate and imminent kind.

NOT considered unlawful aggression:a. Insulting words addressed to the accused,

no matter how objectionable they may havebeen, without physical assault, could NOTconstitute unlawful aggression.

b. A mere threatening or intimidating attitude,not preceded by an outward and materialaggression, is NOT unlawful aggression,because is it required that the act beoffensive and positively strong, showing thewrongful intent of the aggressor to cause aninjury.

Necessity must be both on the meansemployed and the action taken.

Reasonableness of the means employeddepends upon the nature and quality of the(1) weapon used by the aggressor, and (2)his physical condition, character, size andother circumstances, (3) and those of theperson defending himself, (4) and also theplace and occasion of the assault.






Test of reasonable necessity: What the lawrequires is “rational equivalence”,in consideration of which will enter as principal factors the following:(1) the emergency and imminent danger to which the personattacked is exposed, and (2) theinstinct , more than reason, thatmoves or impels the defense.Proportionateness rests upon theimminent danger and not upon theharm done.

NOT required for reasonable necessity: Perfect equality between the weaponsused by the one defending himself

and that of the aggressor is notrequired, nor material commensurability between themeans of attack and defense.Reason: This is because theperson assaulted does not havesufficient tranquility of mind tothink and to calculate.

Reason why penal law makes self-defenselawful:It would be quite impossible for the State inall cases to prevent aggression upon its

citizens (and even foreigners) and offer protection to the person justly attacked. Onthe other hand, it cannot be conceived that aperson should succumb to an unlawfulaggression without offering any resistance.

Rights included in self-defense:Self-defense includes not only the defense of the person or body of the one assaulted butalso that of his rights, the enjoyment of whichis protected by law.

1. Includes the right to honor.Hence, a slap on the face is considered

as unlawful aggression directed againstthe honor of the actor,2. Includes defense of propertyrights, only if there is also an actual andimminent danger on the person of theone defending.

2. DEFENSE OF RELATIVESRELATIVES THAT CAN BE DEFENDED:(CODE: SADB4)1. Spouse2. Ascendants3. Descendants

4. Legitimate, natural or adopted brothers andsisters, or relatives by affinity in the samedegrees.

5. Relatives by consanguinity within the fourth

civil degree

That fact that the relative defended gaveprovocation is immaterial.

3. DEFENSE OF STRANGERWHO 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 adistant relative is a stranger within the meaning of paragraph 3.

4. AVOIDANCE OF GREATER EVIL ORINJURY

The greater evil must not be brought aboutby the negligence or imprudence of the actor.

Civil liability referred to in a state of necessityis based not on the act committed, but on thebenefit derived from the state of necessity.

a. So the accused will not be civillyliable if he did not receive any benefitfrom the state of necessity.b. On the other hand, persons whodid not participate in the damage or injurywould be pro tanto civilly liable if theyderived benefit out of the state of necessity.

5. FULFILLMENT OF DUTY; OR

LAWFUL EXERCISE OF RIGHT OROFFICEREQUISITES:

1. That the accused acted in the performance of

a duty or in the lawful exercise of a right or office;

2. That the injury caused or the offense

committed be the necessary consequence of the due performance of duty or the lawfulexercise of such right or office.

6. OBEDIENCE TO AN ORDER ISSUEDFOR 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 theperson who executes it must be acting withinthe limitations prescribed by law.

ART. 12. EXEMPTINGCIRCUMSTANCES

DEFINITION:

1. Exempting circumstances (or the

circumstances for non-imputability) are thosegrounds for exemption from punishment,






because there is wanting in the agent of thecrime any of the conditions which makes theact voluntary, or negligent.

BASIS:The exemption from punishment is based on thecomplete absence of intelligence, freedom of action, or intent, or on the absence of negligenceon the part of the accused.

DISTINCTIONS(CODE: AL-C-L)

JUSTIFYINGCIRCUMSTANCE

EXEMPTINGCIRCUMSTANCE

1. It affects the act

not the actor.

1. It affects the actor not the act.

2. The act is

considered to havebeen done withinthe bounds of law;hence, legitimateand lawful in theeyes of the law.

2. The actcomplained of isactually wrongful,but the actor is notliable.

3. Since the act is

considered lawful,there is no crime.

3. Since the act

complained of isactually wrong,

there is a crime;but the since actor acted withoutvoluntariness,there is no dolo nor culpa.

4. Since there is nocrime, nor acriminal, there isalso no liability,criminal nor civil.

4. Since there is acrime committedthough there is nocriminal, there iscivil liability.

1. IMBECILITY OR INSANITY

1. Insanity or imbecility exists when there is acomplete deprivation of intelligence incommitting the act, that is, the accused is (1)deprived of reason, he acts without the leastdiscernment, or that (2) there is a totaldeprivation of freedom of the will. Animbecile is exempt in all cases from criminalliability.

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 iscriminally liable. The trial, however, will besuspended until the mental capacity of theaccused is restored, in order to afford him afair trial.

2 TESTS OF INSANITY:

1. Test of COGNITION– completedeprivation of intelligence in committingthe crime.2. Test of VOLITION – totaldeprivation of freedom of will.

2. PERSON UNDER NINE YEARS OFAGE

An infant under the age of nine years isabsolutely and conclusively presumed to beincapable of committing a crime.

3. PERSON OVER NINE YEARS OF AGEAND UNDER FIFTEEN, ACTING

WITHOUT DISCERNMENT1. Discernment means mental capacity (i.e. of

a minor) to fully appreciate theconsequences of an unlawful act.

2. Discernment may be shown by (1) themanner the crime was committed, or (2) theconduct of the offender after its commission

4. A PERSON WHO WHILEPERFORMING A LAWFUL ACT WITH

DUE CARE, CAUSES INJURY, BYMERE ACCIDENT WITHOUT FAULT

OR INTENTION OF CAUSING IT

1. Accident is something that happens outside

the sway of our will, and although it comesabout through some act of our will, liesbeyond the bounds of humanly foreseeableconsequences.

2. An accident presupposes lack of intention tocommit the wrong done.

5. A PERSON WHO ACTS UNDER THECOMPULSION OF AN IRRESISTIBLE

FORCEELEMENTS:

1. That the compulsion is by means of physicalforce.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 animpulse or passion, or obfuscation. It mustconsist of an extraneous force coming from athird person.

6. A PERSON WHO ACTS UNDER THEIMPULSE OF UNCONTROLLABLE

FEAR OF AN EQUAL OR GREATERINJURYELEMENTS:1. That the threat which causes the fear is of an

evil greater than, or at least equal to, thatwhich he is required to commit;

2. That it promises an evil of such gravity and






imminence that the ordinary man would havesuccumbed to it.

Duress as a valid defense should be basedon real, imminent, or reasonable fear for one’s life or limb and should not bespeculative, fanciful, or remote fear.

Hence, duress is unavailing where theaccused had every opportunity to run away if he had wanted to, or to resist any possibleaggression because was also armed.

DISTINGUISHED FROM IRRESISTIBLE FORCE:

In irresistible force (par. 5), the offender usesviolence or physical force to compel another person to commit a crime; in uncontrollablefear (par. 6), the offender employsintimidation or threat in compelling another tocommit a crime.

7. A PERSON WHO FAILS TOPERFORM AN ACT REQUIRED BY

LAW, WHEN PREVENTED BY SOMELAWFUL OR INSUPERABLE CAUSE.

ELEMENTS:

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

2. That a person fails to perform such act3. That his failure to perform such act was due

to some lawful or insuperable cause.

ABSOLUTORY CAUSES DEFINITION:

Absolutory causes are those where the actcommitted is a crime but for reasons of publicpolicy and sentiment there is no penaltyimposed.

Instigation is an absolutory cause. REASON: An instigator practically induces the “would-be accused” into the commission of theoffense, and himself becomes a co-principal.Sound public policy requires that the courtscondemn this practice by directing theacquittal of the accused.

ART. 13. MITIGATINGCIRCUMSTANCES

DEFINITION:

1. Mitigating circumstances are those which, if present in the commission of the crime, donot entirely free the actor from criminalliability, but serve only to reduce the penalty.

BASIS:Mitigating circumstances are based on the

diminution of either freedom of action,intelligence, or intent, or on the lesser perversityof the offender.

CLASSES OF MITIGATINGCIRCUMSTANCES

1. Ordinary mitigating – those enumerated in

subsections 1 to 10 of Article 13, RPC. Thosementioned in subsection 1 of Art. 13 areordinary mitigating circumstances, if Art. 69,for instance, is not applicable.

2. Privileged mitigating – see Arts. 68, 69 and

64 of the RPC.

DISTINCTIONS(CODE: OM)

ORDINARYMITIGATING

CIRCUM-STANCE

PRIVILEGEDMITIGATING

CIRCUM-STANCE

As to thenature of theconsequences

1.It can be

offset by anaggravatingcircumstance

.

1.It can

NEVER beoffset byanyaggravatingcircumstance

. As to theeffect

2.If not offset,

it willoperate toreduce thepenalty totheminimumperiod,provided thepenalty is adivisibleone.

2.It operates

to reducethe penaltyby one totwoDEGREES

dependingupon whatthe lawprovides.

PARAGRAPH 1: INCOMPLETEJUSTIFYING OR EXEMPTING

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 bepresent, it being an indispensable requisite.

PARAGRAPH 2: UNDER 18, OR OVER 70 YEARS OLDLEGAL EFFECTS OF VARIOUS AGES OF OFFENDER:

1. Under 9 years of age, an exempting

circumstance (Art. 12, par. 2);

2. Over 9 and under 15 years of age, acting






without discernment is also an exempting circumstance, (Art. 12, par. 3; see Art. 68,par. 1);

3. Minor delinquent (under 18 years of age), the

sentence may be suspended (Art. 192, PD603, as amended by PD 1179);

4. Under 18 years of age, privileged mitigating

circumstance (Art. 68);

5. 18 years or over, full criminal responsibility;

6. 70 years or over, mitigating circumstance

(Art. 13, par. 2), no imposition of death penalty (Art. 47, par. 1), execution of deathsentence if already imposed is suspendedand commuted (Art. 83).

PARAGRAPH 3: NO INTENTION TOCOMMIT SO GRAVE A WRONG

1. If the offender had no intention to commit sograve a wrong as that committed, he isentitled to a mitigating circumstance. Thiscan be taken into account only when thefacts proven show that there is a notable andevident disproportion between the meansemployed to execute the criminal act and itsconsequences.

2. This paragraph is not applicable to culpablefelonies.

PARAGRAPH 4: PROVOCATION ORTHREAT

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:(Code: soi)

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 personwho is provoked.

The threat should not be offensive andpositively strong. Otherwise, the threat toinflict real injury is an unlawful aggression,which may give rise to self- defense.

PARAGRAPH 5: VINDICATION OFGRAVE OFFENSE

REQUISITES:1. That there be a grave offense done to the

one committing the felony (offender), hisspouse, ascendants, descendants,legitimate, natural or adopted brothers or sisters, or relatives by affinity within the samedegrees;

2. That the felony is committed in vindication of such grave offense.

Immediate vindication means proximate.Hence, a lapse of time is allowed betweenthe vindication and the doing of the graveoffense.

DISTINCTIONS(CODE: D-GI)

PROVOCATION VINDICATION

1. It is made

directly only tothe personcommitting thefelony.

1. The grave

offense may becommitted alsoagainst theoffender’srelatives

mentioned bylaw.

2. The cause that

brought aboutthe provocationneed not be agrave offense.

2. The offended

party must havedone a graveoffense to theoffender or hisrelativesmentioned bylaw.

3. It is necessary

that theprovocation or

threatimmediately preceded the act,i.e., that there beno interval of time between theprovocation andthe commissionof the crime.

3. The vindicationof the graveoffense may be

proximate,which admits of an INTERVALof time betweenthe graveoffense done bythe offendedparty and thecommission of the crime by theaccused.

PARAGRAPH 6: PASSION OR

OBFUSCATIONREQUISITES:

1. The accused acted upon an impulse.

2. The impulse must be so powerful that it

naturally produced passion or obfuscation inhim.

REASON: When there are causes naturallyproducing in a person powerful excitement,he loses his reason and self-control, therebydiminishing the exercise of his will power .

EXCEPTIONS: But even when there is actually

passion or obfuscation on the part of theoffender, there is no mitigating circumstance if:(a) The act is committed in a spirit of lawlessness; or (b) The act is committed in aspirit of revenge.






PARAGRAPH 7: SURRENDER ANDCONFESSION 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 theprosecution.

REQUISITES OF VOLUNTARY SURRENDER:(Code: -ASV)

1. That the offender had not been actually

arrested

2. That the offender surrendered himself to a

person in authority or to the latter’s agent

3. That the surrender was voluntary . Meaning,

for voluntary surrender to be appreciated, thesame must be spontaneous in such amanner that it shows the interest of theaccused to surrender unconditionally to theauthorities.

REQUISITES OF VOLUNTARY PLEA OF

GUILTY:(CODE: SCP)

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 theprosecution. Meaning, plea of guilty in theRTC in a case appealed from the MunicipalCourt is not mitigating, because the plea of guilty must be made at the first opportunity

(in this case, the Municipal Court).

PARAGRAPH 8: PHYSICAL DEFECT OFTHE OFFENDER

DEFINITION: Physical defect referred to inthis paragraph is such as being armless,cripple, or a stutterer, whereby his means toact, to defend himself, or to communicatewith his fellow human beings, is limited.

PARAGRAPH 9: ILLNESS OF THEOFFENDER

REQUISITES:

1. That the illness of the offender diminishes

the exercise of his will power.

2. That such illness should not deprive the

offender of consciousness of his acts.

PARAGRAPH 10: SIMILAR ANDANALOGOUS CIRCUMSTANCES

This paragraph authorizes the court toconsider in favor of the accused “any other circumstance of a similar nature andanalogous to those mentioned” in paragraphs1 to 9 of Article 13.

ART. 14 AGGRAVATINGCIRCUMSTANCES

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 thepenalty provided by law for the offense.

BASIS:They are based on the greater perversity of theoffender manifested in the commission of thefelony, as shown by (1) the motivating power itself, (2) the place of commission, (3) the meansand ways employed, (4) the time, or (5) thepersonal circumstances of the offender, or of theoffended party.

FOUR KINDS OF AGGRAVATINGCIRCUMSTANCES

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) Reiteracion(9) Craft, fraud, or disguise(10)Unlawful entry(11)By breaking wall, etc.(12)Aid of a minor (under 15 years)

2. SPECIFIC -- those that apply only to

particular crimes.

USUALLY: ignominy in crimes againstchastity; or cruelty and treachery in crimesagainst persons

ENUMERATED:(1) disregard of rank, age, or sex of offended party(2) superior strength; or means toweaken the defense(3) treachery(4) ignominy






(5) cruelty

3.QUALIFYING

– those that change the natureof the crime.

EXAMPLES: Alevosia (treachery), or evidentpremeditation qualifies the killing of a personto murder

4. INHERENT – those that must, of necessity,

accompany the commission of the crime.

EXAMPLE: Evident premeditation is inherentin robbery, theft, estafa, adultery, or concubinage

DISTINCTIONS(CODE: N-OA)

QUALIFYINGAGGRAVATING

CIRCUMSTANCE

GENERICAGGRAVATING

CIRCUMSTANCE

1. It does not only

give the crime itsproper andexclusive name,but also places the

author thereof insuch a situation asto deserve no other

penalty than thatspeciallyprescribed by lawfor said crime.

1. Its effect is to

increase thepenalty, whichshould be imposedupon the accused

without exceedingthe limit prescribedby law.

2. It cannot be offset

by a an ordinarymitigatingcircumstance.

2. It may be

compensated by amitigatingcircumstance.

3. It must be alleged

in the information,

otherwise it is agenericaggravatingcircumstance only.

4. Must also be

alleged in the

information. (2000Criminal Proc)

MODIFICATIONS IN THE APPLICATIONOF SOME AGGRAVATINGCIRCUMSTANCES (Acs)

(CODE: No Personal Knowledge)1. ACs WHICH DO NOT HAVE THE EFFECT

OF INCREASING THE PENALTY. Hence,(a) those which in themselves, constitute acrime specially punishable by law, and (b)

those which are included by the law indefining a crime and prescribing the penaltytherefor, shall NOT be taken into account for the purpose of increasing the penalty (Art.62, par. 1).

2. ACs WHICH ARE PERSONAL TO THEOFFENDERS. Hence, those which arise: a)

from the moral attributes of the offender, or b)from his private relations with the offendedparty, or c) from any other personal cause,shall only serve to aggravate the liability of the principals, accomplices, and accessoriesas to whom such circumstances are

ATTENDANT (Art. 62, par. 3).

3. ACs WHICH DEPEND FOR THEIR APPLICATION UPON THE KNOWLEDGE OF THE OFFENDERS. Hence, those whichconsist 1) in the material execution of the act,or 2) in the means employed to accomplish it,shall serve to aggravate the liability of thosepersons only who had KNOWLEDGE of themat the time of the execution of the act or their cooperation therein (Art. 62, par. 4).

PARAGRAPH 1: ADVANTAGE TAKEN OFPUBLIC POSITION (cannot beoffset by any mitigating circumstance)

1. ESSENCE: The public officer must use theinfluence, prestige, or ascendancy, which hisoffice gives him, as the means by which herealizes his purpose. The essence of thematter is presented in the inquiry, “Did theaccused abuse his office in order to committhe crime?”

2. NOT APPLIED: The circumstance, taking

advantage of public position cannot be takeninto consideration in offenses where takingadvantage of official position is made by lawan integral element of the crime, such as inMALVERSATION under Art. 217, or inFALSIFICATION OF DOCUMENTCOMMITTED BY PUBLIC OFFICERSUNDER ART. 171. Also, this circumstance isinherent in the case of ACCESSORIESUNDER ART. 19, PAR. 3, and in CRIMESCOMMITTED BY PUBLIC OFFICERS(FOUND IN ARTS. 204-245).

PARAGRAPH 2: CONTEMPT OR INSULTTO 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 againstwhom the crime is committed.

3. The offender knows him to be a publicauthority.

4. His presence has not prevented the offender from committing the criminal act.

If the crime is committed against a publicauthority while he is in the performance of hisofficial duty, the offender commits directassault (Art. 148).

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 isdirectly vested with jurisdiction, that is, a publicofficer who has the power to govern and executethe laws.

Under the decided cases, a municipal mayor ,a barangay captain, or a barrio captain is aperson in authority or a public authority.Even a school teacher is now considered aperson in authority under CA 578. So is amunicipal councilor, a municipal healthofficer , a nurse, or a BIR agent. However,additional persons in authority under Art. 152is only for purposes of direct assault andresistance.

The chief of police should therefore beconsidered a public authority or a person inauthority, for he is vested with jurisdiction or authority to maintain peace and order and isspecifically duty bound to prosecute and toapprehend violators of the laws andmunicipal ordinances, more than theaforementioned officials who cannotprosecute, and who are not even enjoined toarrest malefactors, although they arespecifically mentioned as “persons inauthority” by the decided cases and by Art.152 of the RPC as amended.

PARAGRAPH 3: DISREGARD OF RANK,AGE, OR SEX OF OFFENDEDPARTY; OR COMMISSION IN

THE DWELLING OF THEOFFENDED PARTY

If all the four circumstances enumerated inthis paragraph are present, they have the

weight of only one aggravating circumstanceonly.

A. That the act be committed with insultor in disregard of the respect due the

offended party on account of the –DEFINITIONS:a. rank of the offended party. There must be a

difference in the social condition of theoffender and the offended party.

b. age of the offended party. Applies to caseswhere the victim is of tender age as well as of old age.

c. sex of the offended party. This refers to thefemale sex, not to the male sex.

This circumstance (rank, age, or sex) isapplicable 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, or (3)seduction, sex is not aggravating.

Is disregard of sex absorbed in treachery?There were 2 different rulings.

1. The earlier one says, disregardof sex is absorbed in treachery.

2. The later one says: the

aggravating circumstance of disregard of sex and age are NOT absorbed intreachery because treachery refers to themanner of the commission of the crime,while disregard for sex and age pertainsto the relationship to the victim (P v.Lapaz; March 31, 1989)

B. That the crime be committed in thedwelling of the offended party.

1. REASON for aggravating the commission of the crime in one’s dwelling?

a. The abuse of confidence which

the offended party reposed in theoffender by opening the door to him; or

b. The violation of the sanctity of

the home by trespassing therein withviolence or against the will of the owner.

2. DEFINITIONS

Dwelling must be a building or structure, exclusively used for rest andcomfort. It includes dependencies, thefoot of the staircase and enclosure under the house.

There must be NO provocation,in order to consider this AC. ByPROVOCATION is meant, one whichis:

1. Given by the owner of the

dwelling,

2. Sufficient , and

3. Immediate to the commission of

the crime.

For this circumstance to beconsidered, it is NOT necessary thatthe accused should have actuallyentered the dwelling of the victim tocommit the offense. It is enough thatthe victim was attacked inside hisown house, although the assailantmay have devised means toperpetrate the assault from without.






DWELLING IS NOT AGGRAVATING IN THE FOLLOWING CASES:a. When both offender and offended party are

occupants of the same house, even if theoffended party is a servant in the house.

BUT in adultery, it is still aggravating even if itwas also the dwelling of the unfaithful wife,because of a very grave offense against thehead of the house. BUT the rule is againdifferent if both the unfaithful wife and theparamour were living, and had the right tolive, in the same house of the offendedspouse.

b. In robbery by use of force upon things only,because dwelling is inherent.

c. In trespass to dwelling because of same

reason.d. When the dwelling does not actually belong

to the offended party. HOWEVER, somedecided cases considered “temporary dwelling” as when the offended party was (a)raped in her boarding house; (b) raped intheir paternal home where they weresleeping as guests, etc. because the RPCspeaks of dwelling and not domicile.

PARAGRAPH 4: ABUSE OFCONFIDENCE; OR OBVIOUS

UNGRATEFULNESSREQUISITES:1. That the offended party had trusted the

offender.2. That the offender abused such trust by

committing a crime against the offendedparty.

3. That the abuse of confidence facilitated thecommission of the crime; OR

4. That the act be committed with obviousungratefulness.

The confidence between the offender and the

offended party must be immediate andpersonal.

PARAGRAPH 5: PLACES OFCOMMISSION

COMPARISON OF PAR. 2 AND PAR. 5:PAR. 2: CONTEMPT ORINSULT TO PUBLICAUTHORITIES

PAR. 5: PLACE WHEREPUBLIC AUTHORITIESARE ENGAGED IN THEDISCHARGE OF THEIRDUTIES

1. Public authorities

are in the performance of their duties.

1. Public authorities

are in the performance of their duties.

2. The publicauthorities areperforming their duties outside of

2. The publicauthorities, whoare in theperformance of

their office. their duties, mustbe in their office.

3. The publicauthority shouldnot be the offendedparty.

3. The publicauthority may bethe offended party.

The place of the commission of the felony(par. 5), if it is Malacañang palace or achurch, is aggravating, regardless of whether State or official or religious functions arebeing held. BUT there is a decided case tothe effect that the offender must have theintention to commit a crime when he enteredthe place; i.e. “she must have murder in her

heart” (P v. Jaurigue).

The Chief executive need not be inMalacanang Palace. His presence alone inany place where the crime is committed isenough to constitute the aggravatingcircumstance, even if he is not engaged inthe discharge of his duties in the place wherethe crime is committed.

For the other public authorities, they must beactually engaged in the performance of duty.

PARAGRAPH 6: NIGHTTIME;UNINHABITED PLACE; OR

BANDNIGHTTIME, UNINHABITED PLACE OR BANDIS AGGRAVATING –

1. When it facilitated the commission of the

crime; or

2. When it was especially sought for by the

offender to insure the commission of thecrime or for the purpose of impunity; or

3. When the offender took advantage thereof for

the purpose of impunity.

DEFINITIONS:

1. “For the purpose of impunity” means toprevent his (accused’s) being recognized, or to secure himself against detection andpunishment.

2. “Nighttime” is the period of darkness

beginning at the end of dusk and ending atdawn. Nighttime by and of itself is notnecessarily aggravating. TESTS: (1) thecommission of the crime must begin and beaccomplished in the nighttime; (2) the offensemust be actually be committed in thedarkness of the night.

3. “

An uninhabited place” is one where there

are no houses at all, a place at aconsiderable distance from town, or wherethe houses are scattered at a great distancefrom each other. TEST (OF UNINHABITEDPLACE): But whether or not the crime isattended by this aggravating circumstanceshould be determined not by the distance of






the nearest house from the scene of thecrime, but whether or not in the place of thecommission of the offense there was areasonable possibility of the victim receivingsome help. TEST (OF WHETHER OR NOT

AGGRAVATING):

4. “BAND” --Whenever more than three armed

malefactors shall have acted together in thecommission of an offense it shall be deemedto have been committed by a band.

“Acted together”-- means direct part in theexecution of the act constituting the crime.Hence, if one of the four armed men is aprincipal by inducement only, they do not

form a band, because a principal byinducement connotes that he has no directparticipation in the perpetration thereof.

BAND IS AGGRAVATING IN: (a) crimesagainst property (except in brigandage,because it is inherent); (b) crimes against

persons (note rape, which is already a crimeagainst persons), (c) illegal detention, and;(d) treason.

PARAGRAPH 7: ON OCCASION OFCALAMITY OR MISFORTUNE

THE REASON for the existence of thiscircumstance is found in the debased form of criminality met in one who, in the midst of agreat calamity, instead of lending aid to theafflicted, adds to their great suffering bytaking advantage of their misfortune todespoil 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 wascommitted.

Exceptions:

1. This aggravating circumstance shall not be

considered when both the attacking party andthe party attacked were equally armed .

2. This aggravating circumstance is not present

when the accused as well as those whocooperated with him in the commission of thecrime acted under the same plan and for thesame purpose.

DISTINCTIONS:

BETWEEN PAR 8 (“WITH AID OFARMED 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 theoffenders merely relied on their aid, for actualaid is not necessary.

PARAGRAPH 9: RECIDIVISTDEFINITION:Recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in

the same title of the Revised Penal Code.

REQUISITES:CODE: (TriPS CONVICTED)

1. That the offender is on trial for an offense;

2. That he was previously convicted by final

judgment 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 subsequentconviction is for an offense committed beforethe offense involved in the prior conviction.

When one offense is punishable by anordinance or special law and the other by theRevised Penal Code, recidivism cannot beapplied; the two offenses are not embracedin the same title of the Code.

Recidivism must be taken into account as anaggravating circumstance no matter howmany years have intervened between the firstand second felonies.

PARAGRAPH 10: REITERACION ORHABITUALITY

REQUISITES:CODE: (TriPLE CONVICTED)

1. That the accused is on trial for an offense;

2. That he previously served sentence for

another offense to which the law attaches anequal or greater penalty, or for two or morecrimes to which it attaches lighter penaltythan that for the new offense.

3. That he is convicted of the new offense.

DISTINCTIONSRECIDIVISM REITERACION

1. It is enough thata final judgment has been

1. It is necessarythat the offender shall have






rendered in thefirst offense.

served out hissentence for the

first offense2. Recidivism

requires that theoffenses beincluded in thesame title of theCode.

2. The previous andsubsequentoffenses mustNOT beembraced in thesame title of theCode

3. It is always to be

taken intoconsideration infixing the penalty to

be imposed uponthe accused.

3. It is NOT alwaysan aggravatingcircumstance

FOUR FORMS OF REPETITION1. Recidivism (Par. 9, Art. 14)2. Reiteracion or habituality (Par. 10, Art. 14)3. Multi-recidivism or habitual delinquency (Art.

62, Par. 5)4. Quasi-Recidivism (Art. 160)

PARAGRAPH 11: PRICE, REWARD, ORPROMISE

1. When this aggravating circumstance is

present, there must be two or moreprincipals; the one who gives or offersthe price or promise and the one whoaccepts it.

2. The evidence must show that one of the

accused used money or other valuableconsideration for the purpose of inducing another to perform the deed.

PARAGRAPH 12: BY MEANS OFINUNDATION, FIRE, ETC.

Any of the circumstances in paragraph 12cannot be considered to increase the penalty

or to change the nature of the offense unlessused by the offender as a means toaccomplish a criminal purpose.

PARAGRAPH 13: EVIDENTPREMEDITATION

ESSENCE:The essence of premeditation is that theexecution of the criminal act must be preceded bycool thought and reflection upon the resolution tocarry 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 toreflect upon the consequences of his act andto allow his conscience to overcome theresolution of his will.

CONSPIRACY GENERALLYPRESUPPOSES PREMEDITATION,EXCEPTION: But when conspiracy is onlyimplied , the evident premeditation may not beappreciated from the mere conspiracy.

PARAGRAPH 14: CRAFT, FRAUD, ORDISGUISE

DEFINITIONS:

1. Craft involves the use of intellectual

trickery or cunning on the part of theaccused.

2. Fraud involves the use of insidious

words and machination, used to inducethe victim to act in a manner, whichwould enable the offender to carry out hisdesign.

3. Disguise involves resort to any device in

order to conceal identity .

CRAFT DISTINGUISHED FROM FRAUDWhen there is a direct inducement by insidiouswords or machinations, fraud is present;

otherwise, the act of the accused done in order not to arouse the suspicion of the victimconstitutes craft.

PARAGRAPH 15: SUPERIORSTRENGHT; OR MEANS TO

WEAKEN DEFENSE

1. Superior

Strength-- To take advantage of superior strength means to use purposely , excessiveforce 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 of the parties.

TEST: It is considered whenever there is anotorious inequality of forces between thevictim and aggressor, assessing a superiorityof strength notoriously advantageous for theaggressor, which is selected or takenadvantage of by him in the commission of thecrime.

2. Means to weaken the defense-- The offender employs means to materially weaken theresisting power of the offended party.

PARAGRAPH 16:

TREACHERYMEANING OF TREACHERY:

1. There is treachery when the offender

commits any of the crimes against the person, employing means, methods or formsin the execution thereof which tend directlyand specially to insure its execution, without






risk to himself arising from the defense whichthe offended party might make.

The characteristic and unmistakablemanifestation of treachery is the deliberate,sudden and unexpected attack of the victim,without any warning, and without giving himan opportunity to defend himself, or repel theinitial 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 anydanger 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 WHENTREACHERY MUST BE PRESENT:

a) When the aggression is

continuous, treachery must bepresent in the beginning of theassault;

b) When the assault was not

continuous in that there was aninterruption, it is sufficient thattreachery was present at the momentthe fatal blow was given.

5. Treachery

absorbs abuse of superior

strength, aid of armed men, by a band andmeans to weaken the defense.

6. N ighttime forms part, of the peculiar treacherous means and manner adopted toinsure the execution of the crime.

(Note: there is need to establish the manner bywhich offender attacked the victim. There is nopresumption of aggravating circumstance, moreso if qualifying)

PARAGRAPH 17: IGNOMINYDEFINITIONS:

1. Ignominy —a circumstance pertaining to the

moral order, which adds disgrace and obloquy to the material injury caused by thecrime.

2. It must tend to make the effects of the crimemore humiliating or to put the offended partyto shame.

WHERE APPLICABLE:This aggravating circumstance is applicable to (a)crimes against chastity, (b) less serious physical

injuries, (c) light or grave coercion, (d) andmurder.

PARAGRAPH 18: UNLAWFUL ENTRY

There is unlawful entry when an entrance iseffected by a way not intended for thepurpose. It must be a means to effectentrance and not for escape.

PARAGRAPH 19: BY BREAKING WALL,ETC.

To be considered as an aggravatingcircumstance, breaking the door must beutilized as a means to the commission of thecrime.

PARAGRAPH 20: AID OF MINOR (UNDER15 YEARS); OR BY MEANS

OF MOTOR VEHICLES, ETC.TWO DIFFERENT CIRCUMSTANCES AREGROUPED IN THIS PARAGRAPH.The first one tends to repress the frequentpractice resorted to by professional criminals toavail themselves of minors taking advantage of their irresponsibility ; while the second one isintended to counteract the great facilities foundby modern criminals in said means to commitcrime, and then flee and abscond once the same

is committed.

PARAGRAPH 21: CRUELTYESSENCE:THERE IS CRUELTY when the culprit enjoys anddelights in making his victim suffer slowly andgradually , causing him unnecessary physical painin 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 essentialthat the wrong done was intended to prolong the suffering of the victim, causing himunnecessary moral and physical pain.

Ignominy (par. 17) involves moral suffering,while cruelty (par. 21) refers to physical suffering.

ART. 15 ALTERNATIVECIRCUMSTANCES

DEFINITION: Alternative circumstances are those, which mustbe taken into consideration as aggravating or mitigating, according to the nature and effects of






the crime and the other conditions attending itscommission.

THE ALTERNATIVE CIRCUMSTANCES ARE:1. Relationship2. Intoxication

3. Degree of instruction and education of the

offender

1. RELATIONSHIP--The alternative circumstance of relationship shallbe taken into consideration when the offended

party is the –CODE: (SADBA)1. spouse2. ascendant3. descendant

4. legitimate, natural or adopted brother or

sister, or relative by affinity in the samedegree, of the offender.

The relationship of stepfather or stepmother and stepson or stepdaughter is included byanalogy to that of ascendant anddescendant.

WHEN MITIGATING AND WHEN AGGRAVATING:The law is silent as to when mitigating and whenaggravating.

1. MITIGATING: As a rule, relationship ismitigating in crimes against property , byanalogy to Art. 332 regarding “Personsexempt from criminal liability”. OF COURSEin view of Art. 332, when the crime committedis: (a) theft, (b) estafa, or (c) maliciousmischief, relationship is exempting

, and notmerely mitigating.

2. AGGRAVATING. It is aggravating in crimesagainst persons in cases where the offendedis a relative of a higher degree than theoffender, or when the offender and theoffended party are relatives of the samelevel, such killing a brother-in-law, a half-brother, or an adopted brother.

In crimes against chastity , relationship isalways aggravating, regardless of whether the offender is a relative of a higher or lower degree of the offended party.

However, relationship is neither mitigatingnor aggravating, when relationship is anelement of the offense.

2. INTOXICATION--By state of intoxication is meant that theoffender’s mental faculties must be affected bydrunkenness.

WHEN MITIGATING

AND WHEN AGGRAVATING:

1. Mitigating , if intoxication is (1) not habitual, or

2) not subsequent to the plan to commit afelony. (He is not already conscious of hisdoing) consider the effect

2. Aggravating if intoxication is 1) habitual, or 2)

if it is intentional (subsequent to the plan tocommit a felony).

3. DEGREE OF INSTRUCTION ANDEDUCATION OF THE OFFENDER--

Low degree of instruction and education or lack of it is generally mitigating. High degreeof 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 inalmost all crimes. EXCEPT in crimes, whichare inherently wrong , of which every rationalbeing is endowed to know and feel.

ART. 16. PERSONS WHO ARECRIMINALLY LIABLE

GRAVE AND LESS GRAVE FELONIES:1. Principals

2. Accomplices3. Accessories

LIGHT FELONIES:1. Principals2. Accomplices

The treble division of persons criminally liablerests upon the very nature of their participation.

The classification of the offenders asprincipal, accomplice, or an accessory is trueonly under the RPC but not in the speciallaws because the penalties under the latter are never graduated

RULES RELATIVE TO LIGHT FELONIES1. Punishable only when they have been

consummated. EXCEPT when committedagainst persons or property, in which casethey are also punishable even if they wereonly in the attempted or frustrated stage.

2. There are no accessories even if they arecommitted against persons or property.

TWO PARTIES IN ALL CRIMES1. ACTIVE subject (the criminal)3. PASSIVE subject (the injured party)

As a rule, only natural persons can be the activesubjects of a crime because the RPC requiresthat the culprit should have acted with personal






malice or negligence. A juridical person cannotact with malice or negligence.

ART. 17. PRINCIPALS

KINDS OF PRINCIPALS

1. PRINCIPAL BY DIRECT PARTICIPATION -

personally takes part in the execution of theact 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 byacts which directly tended to the sameend

2. PRINCIPAL BY INDUCTION - the principalby induction becomes liable only when theprincipal by direct participation committed theact induced.

TWO WAYS OF BECOMING A PRINCIPALBY INDUCTION:

1. directly forcing another tocommit a crime, or

2. directly inducing another tocommit a crime

Two ways of directly forcing another tocommit a crime:1. by using irresistible force2. by causing uncontrollable fear

Two ways of directly inducing another tocommit a crime:

1. by giving price, or offering

reward or promise2. by using words of command

REQUISITES (Principal by inducement,through giving price, etc): In order that aperson maybe convicted as a principal byinducement, the following requisites mustbe present---

1. that the inducement be made

directly with the intention of procuringthe commission of the crime; and

2. that such inducement be the

determining cause of the commission

of the crime by the material executor

REQUISITES (Principal by inducement,through words of command): In order that a person using words of commandmaybe held liable, the followingrequisites must be present---

1. that the one uttering the words of

command must have the intention of

procuring the commission of thecrime

2. that the one who made the

command must have an ascendancy or influence over the person whoacted

3. that the words used must be so

direct, so efficacious, so powerful asto amount to physical or moralcoercion

4. the words of command must be

uttered prior to the commission of thecrime

5. the material executor of thecrime has no personal reason tocommit the crime

DISTINCTIONS

Principal byInducement

Offender who madeProposal to Commit a

Felony

1. There is aninducement tocommit a crime

1. There is aninducement tocommit a crime

2. Becomes liableonly when thecrime iscommitted by theprincipal bydirectparticipation

2. The mere proposal tocommit a felonyis punishable intreason or rebellion; theperson to whomthe proposal ismade should notcommit thecrime, otherwise,the proponent

becomes aprincipal byinducement

3. Inducementinvolves any crime.

3. The proposalmust involve onlytreason or rebellion

EFFECT OF ACQUITTAL OF ONE OFTHE 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 isdue to circumstances personal to the accused,like exempting circumstances

3. PRINCIPALS BY INDISPENSABLECOOPERATION






REQUISITES:

1. participation in the criminal

resolution, that is, there is either anterior conspiracy or unity of criminal purposeand intention immediately before thecommission of the crime charged; and

2. cooperation in the commission of

the offense by performing another act,without which it would not have beenaccomplished

COLLECTIVE CRIMINALRESPONSIBILITY

There is collective criminal responsibility whenthe offenders are criminally liable in the samemanner and to the same extent . The penalty to

be imposed must be the same for all.

INDIVIDUAL CRIMINAL RESPONSIBILITYIn the absence of previous conspiracy, unity of criminal purpose, and intention, immediatelybefore the commission of the crime, or community of criminal design, the criminalresponsibility arising from different acts directedagainst one and the same person is individualand not collective, and each of the participants isliable only for the act committed by him

ART. I8. ACCOMPLICES

REQUISITES:CODE:

(COMMUNITY COOPERATESprevious supply RELATION)

1. That there be community of design; that is,

knowing the criminal design of the principalby direct participation, he concurs with thelatter 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 in anefficacious way; and

3. That there be a relation between the acts

done by the principal and those attributed tothe person charged as accomplice.

The complicity, which is penalized, requires acertain degree of cooperation whether moral,through advice, encouragement, or agreement, or material, through externalacts.

The responsibility of the accomplice is to be

determined by acts of aid and assistance,either prior to or simultaneous with thecommission of the crime, rendered knowinglyfor the principal therein, and not by the merefact of having been present at its execution.

ART. 19. ACCESSORIES

1. An accessory must have knowledge of thecommission of the crime and havingknowledge he took part subsequent to itscommission

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 crime2. 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 ARECONTEMPLATED IN PAR. 3 OF ART. 19(i.e., HARBORING, etc):

(a) Public officers who harbor, conceal

or assist in the escape of the principal of any crime (not light felony) with abuse of his functions

()b Private persons who harbor,

conceal or assist in the escape of theauthor of the crime – guilty of treason,parricide, murder, or an attempt againstthe life of the President, or who is knownto be habitually guilty of some other crime

The accomplice andthe accessory may be tried andconvicted even before the principal isfound guilty.

The liability of theaccused will depend on the quantum of evidence adduced by the prosecutionagainst the particular accused.

ACCESSORY DISTINGUISHED FROMPRINCIPAL 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 casesalways takes place after the commission of the crime

ART. 20. ACCESSORIES WHO AREEXEMPT FROM CRIMINAL LIABILITY






SITUATIONS WHERE ACCESSORIES ARENOT CRIMINALLY LIABLE:

1. 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 theaccessory is a relative by affinity within thesame degree, unless the accessory himself

profited from the effects or proceeds of thecrime or assisted the offender to profitthereon.

PENALTIESDEFINITION:Penalty is the suffering that is inflicted by theState, for the transgression of a law; in its generalsense, it signifies pain.

Different juridical conditions of penalty:1. productive of suffering, without however

affecting the integrity of the humanpersonality

2. commensurate with the offense – differentcrimes must be punished with differentpenalties

3. personal – no one should be punished for thecrime of another

4. legal – it is the consequence of a judgmentaccording to law

5. certain – no one may escape its effects6. equal for all7. correctional

Theories justifying penalty:

1. Self-defense – the State has a right to punish

the criminal as a measure of self-defense, soas to protect society from the threat andwrong inflicted by the criminal

2. Reformation – the object of punishment in

criminal cases is to correct and reform theoffender

3. Exemplarity – the criminal is punished to

serve as an example to deter others fromcommitting crimes

4. Justice – that crime must be punished by the

State as an act of retributive justice, avindication of absolute right and moral lawviolated by the criminal

THREE-FOLD PURPOSE OF THE

PENALTY UNDER THE RPC:1. Retribution or expiation – the penalty is

commensurate with the gravity of the offense

2. Correction or reformation- as shown by the

rules which regulate the execution of thepenalties consisting in deprivation of liberty

3. Social defense – shown by its inflexible

severity to recidivists and habitualdelinquents

ART. 22. RETROACTIVE EFFECT OFPENAL LAWS

GENERAL RULE IS TO GIVE CRIMINAL LAWSPROSPECTIVE EFFECT. EXCEPTION – whenfavorable to the accused who is not a habitualcriminal

AN EX POST FACTO LAW IS ANY ONEWHICH:CODE: (CAPE Civil Protection)

1. makes criminal an act done before thepassage of the law, and which was innocentwhen done, and punishes such an act;

2. a ggravates a crime, or makes it greater than

it was, when committed;

3. changes the punishment and inflicts a

greater punishment than the law annexed tothe crime when committed;

4. alters the legal rules of evidence, and

authorizes conviction upon less or differenttestimony that the law required at the time of the commission of the offense;

5. assuming to regulate civil rights and

remedies only, in effect imposes penalty or deprivation of a right for something whichwhen done was lawful; and

6. deprives a person accused of a crime of

some lawful protection to which he hasbecome entitled, such as the protection of aformer conviction or acquittal, or aproclamation of amnesty

ART. 23. EFFECT OF PARDON BYTHE OFFENDED PARTY

As a rule, a pardon by the offended party doesnot extinguish criminal action, except as providedunder Art. 344 of RPC.

Two classes of injuries caused by an offense:1. Social injury, produced by the disturbance

and alarm, which are the outcome of theoffense. This is repaired through theimposition of the corresponding penalty. TheState has an interest in this class of injury sothe offended party cannot pardon theoffender so as to relieve him of the penalty.

2. Personal injury, caused to the victim of thecrime, who suffered damage either to hisperson, to his property, to his honor, or to her chastity. This is repaired through indemnity,which is civil in nature. The offended partymay waive it and the state has no reason toinsist on its payment.






ART. 24. MEASURES OF

PREVENTION OR SAFETY WHICHARE NOT CONSIDERED PENALTIES

THE FOLLOWING ARE NOTCONSIDERED PENALTIES:

1. The arrest and temporary detention of

accused persons, as well as their detentionby reason of insanity or imbecility or illnessrequiring their confinement in a hospital;

2. The commitment of a minor to any of the

institutions mentioned in Art. 80 (now PD603)for the purposes specified therein;

3. Suspension from the employment or public

office during the trial or in order to instituteproceedings;

4. Fines and other corrective measures which,

in the exercise of their administrativedisciplinary powers, superior officials mayimpose upon their subordinates; and

5. Deprivation of rights and reparations which

the civil laws may establish in penal form.

ART. 25. PENALTIES WHICH MAY BEIMPOSED

CLASSIFICATION OF PENALTIES:

1. Principal penalties – those expressly

imposed by the court in the judgment of conviction

2. Accessory penalties – those that are deemed

included in the imposition of the principalpenalties

This article classifies penalties according to their gravity:1. Capital2. Afflictive3. Correctional4. Light

This corresponds to the classification of feloniesaccording to their gravity under Art. 9:1. Grave2. Less grave3. Light

ART. 29. PERIOD OF PREVENTIVEIMPRISONMENT DEDUCTED FROM

TERM OF IMPRISONMENT

OFFENDERS NOT ENTITLED TO THEFULL TIME OR FOUR-FIFTHS OF THE

TIME OF PREVENTIVE IMPRISONMENT:1. Recidivists or those convicted previously

twice or more times of any crime.

A habitual delinquent is not entitled to the fulltime or 4/5 of the time of preventiveimprisonment, because a habitual delinquentis necessarily a recidivist or that at least hehas been “convicted previously twice or moretimes of any crime.”

2. Those who upon being summoned for the

execution of their sentence, failed to

surrender voluntarily

Note that paragraph No. 2 does not refer tofailure to surrender voluntarily after commission of the crime. It says: “whenupon being summoned for the execution of their sentence”.

ART. 36. PARDON; ITS EFFECTS

EFFECTS OF PARDON BY THE

PRESIDENT1. A pardon shall not restore the right to hold

public office or the right of suffrage. EXCEPT;when any or both such rights is or areexpressly restored by the terms of thepardon.

2. It shall not exempt the culprit from the

payment of the civil indemnity.

LIMITATIONS UPON THE EXERCISE OFTHE PARDONING POWER

1. That the power can be exercised only after

conviction

2. That such power does not extend to cases of impeachment

DISTINCTIONSCODE: (EPAA)

Pardon by theChief Executive

Pardon by theOffended Party

1. E xtinguishes thecriminal liabilityof the offender

1. Does NOT extinguish thecriminal liabilityof the offender

2. Cannot includecivil liabilitywhich theoffender must

pay

2. Offendedparty can waivethe civil liabilitywhich the offender must pay

3. Granted only 3. Pardon






AFTER CONVICTION ,

and may beextended to any of the offenders

should be givenBEFORE THE

INSTITUTION of criminalprosecution, andmust extend toboth offenders

ART. 37. COSTS – WHAT AREINCLUDED

The following are included in costs:1. Fees, and2. Indemnities, in the course of judicial

proceedings

ART. 38. PECUNIARY LIABILITIES –ORDER OF PAYMENT

The pecuniary liabilities of persons criminallyliable are the following:

1. The reparation of the damage caused.

2. Indemnification of the consequential

damages.

3. Fine.

4. Costs of proceedings.

WHEN IS ARTICLE 38 APPLICABLE?In case the property of the offender should not besufficient for the payment of all his pecuniaryliabilities, the order of payment is provided in thisarticle.

ART. 39. SUBSIDIARY PENALTY

1. A subsidiary penalty is a subsidiary personal

liability to be suffered by the convict who has

no property with which to meet the fine.2. There is no subsidiary penalty for non-payment of damages to the offended party.

ART. 45. CONFISCATION ANDFORFEITURE OF THE PROCEEDSOR INSTRUMENTS OF THE CRIME

OUTLINE OF THE PROVISION OF THIS ARTICLE:

1. Every penalty imposed carries with it the

forfeiture of the proceeds of the crime and

the instruments or tools used in thecommission of the crime

2. The proceeds and instruments or tools of the

crime are confiscated and forfeited in favor of the Government

3. Property of a third person who is not liable for

the offense, is not subject to confiscation andforfeiture

4. Property not subject of lawful commerce(whether it belongs to the accused or to athird person) shall be destroyed

APPLICATION OF PENALTIES

ART. 46. PENALTY TO BE IMPOSEDUPON PRINCIPALS IN GENERAL

1. General rule: The penalty prescribed by law

in general terms shall be imposed upon the principals for a consummated felony.

2. Except: When the penalty to be imposedupon the principal in frustrated or attemptedfelony is fixed by law.

GRADUATION OF PENALTIES:

1. BY DEGREES– refers to (1) the stages of

execution (consummated, frustrated, or attempted); and (2) the degree of the criminal

participation of the offender (whether asprincipal, accomplice, or accessory).

2. BY PERIODS– refers to the proper period of

the penalty which should be imposed when

aggravating or mitigating circumstancesattend the commission of the crime

ART. 47. IN WHAT CASES THEDEATH PENALT Y SHALL NOT BE

IMPOSED

DEATH PENALTY IS NOT IMPOSED INTHE FOLLOWING CASES

1. UNDER AGE. When the offender is below 18

years of age at the time of the commission of the crime.

2. OVER AGE. When the guilty person is more

than seventy (70) years of age

3. NO COURT MAJORITY. When upon appeal

or automatic review of the case by theSupreme Court, the vote of eight members isnot obtained for the imposition of the deathpenalty.

CRIMES PUNISHABLE BY DEATHUNDER RA 7659

CODE:(MURDER CARNAPPING TRIPP QQD PARK)

1. M urder 2. C arnapping

3. T reason

4. R ape

5. Infanticide

6. P lunder






7. P arricide

8. Q ualified Piracy

9. Q ualified Bribery10. Violation of Certain provisions of the

Dangerous Drugs Act

11. P iracy in general and Mutiny on the High

Seas or in the Philippines Waters

12. Destructive Arson

13. R obbery with Violation Against or Intimidation

of Persons

14. K idnapping and Serious Illegal Detention

ART. 48. COMPLEX CRIMES

CONCEPT:1. In complex crime, although two or more

crimes are actually committed, theyconstitute only one crime in the eyes of thelaw as well as in the conscience of theoffender.

2. The offender have only one criminal intent,

hence there is only one penalty imposed for the commission of a complex crime

TWO KINDS OF COMPLEX CRIMES:1. COMPOUND CRIME— a single act

constitutes two or more grave or less grave

felonies.

REQUISITES:

1. That only a single act is

performed by the offender;

2. That the single act produces: (1)

two or more grave felonies, or (2)one or more grave and one or moreless grave felonies, or (3) two or more less grave felonies.

2. COMPLEX CRIME PROPER— an offense is

a necessary means for committing the other.

REQUISITES:

1. That at least two offenses are

committed;

2. That one or some of the offenses

must be necessary to commit theother;

3. That both or all of the offenses

must be punished under the samestatute.

NO COMPLEX CRIME IN THEFOLLOWING CASES

CODE: (CCIS)

1. In case of a continued crime

2. When one offense is committed to conceal

the other.

3. When the other crime is an indispensable

part or an element of the other offense.

4. Where one of the offenses is penalized by aspecial law

PLURALITY OF CRIMESDEFINITION:Plurality of Crimes-- consists in the successiveexecution, by the same individual , of differentcriminal acts, upon any of which no convictionhas yet been declared

KINDS:

1. FORMAL OR IDEAL PLURALITY–

only ONE CRIMINAL LIABILITY .

THREE GROUPSUNDER THE FORMAL TYPE:

a. When the offender commits any

of the complex crimes in Art. 48.

b. When the law specifically fixes a

single penalty for two or moreoffenses committed.

c. When the offender commits

continued crimes

2. REAL OR MATERIAL PLURALITY–

DIFFERENT CRIMES in law, as well as inthe conscience of the offender; the offender shall be PUNISHED FOR EACH and everyoffense that he committed.

In recidivism, there must be conviction byfinal judgment of the first or prior offense; inplurality of crimes, there is no conviction of any of the crimes committed

CONTINUED CRIMEDEFINITION:CONTINUED CRIME– is a single crime,consisting of a series of acts, but all arising fromONE CRIMINAL RESOLUTION; length of time inthe commission is immaterial.

COMPARISON

Real or MaterialPlurality

Continued Crime

1. There is a seriesof actsperformed by theoffender

1. There is a seriesof actsperformed by theoffender

2. Each actperformed by theoffender constitutes aseparate crime,each act isgenerated by a

2. The different actsconstitute only one crime, all of the actsperformed arisefrom one criminalresolution






criminal impulse

ART. 59. PENALTY TO BE IMPOSEDIN CASE OF FAILURE TO COMMITTHE CRIME BECAUSE THE MEANSEMPLOYED OR THE AIMS SOUGHT

ARE IMPOSSIBLE

BASIS FOR THE IMPOSITION OF PROPERPENALTY:1. Social danger; and2. Degree of criminality shown by the offender

ART. 61. RULES OF GRADUATINGPENALTIES

According to Arts. 50-57, the penalty prescribedby law for the felony shall be lowered by one or two degrees, as follows:1. For the principal in frustrated felony – one

degree lower;2. For the principal in attempted felony – two

degrees lower;3. For the accomplice in consummated felony –

one degree lower;4. For the accessory in consummated felony –two degrees lower;

DIAGRAM OF THE APPLICATION OFARTS. 50 TO 57:

CONSU FRUST ATTEM

Prin 0 1 2

Accom 1 2 3

Access 2 3 4

In this diagram, “O” represents the penaltyprescribed by law in defining a crime, which is tobe imposed on the principal in a consummated offense, in accordance with the provisions of Art.64. The other figures represent the degrees towhich the penalty must be lowered, to meet thedifferent situations anticipated by law.

ART. 62. EFFECTS OF THE

ATTENDANCE OF MITIGATING ORAGGRAVATING CIRCUMSTANCESAND OF HABITUAL DELINQUENCY

EFFECT OF THE ATTENDANCE OFAGGRAVATING OR MITIGATING

CIRCUMSTANCES OR OF HABITUALDELINQUENCY:

1. Aggravating circumstances (generic andspecific) have the effect of increasing thepenalty, without however exceeding themaximum period provided by law

2. Mitigating circumstances have the effect of

diminishing the penalty

3. Habitual delinquency has the effect, not only

of increasing the penalty because of recidivism which is generally implied inhabitual delinquency, but also of imposing anadditional penalty

REQUISITES OF HABITUAL DELINQUENCY:

CODE:(Convicted-CommittedConvicted-CommittedConvicted)

1. that the offender had been c onvicted of any

of the crimes of serious or less seriousphysical injuries, robbery, theft, estafa or falsification (CODE: FRETSL)

2. that after conviction or after serving his

sentence, he again c ommitted , and, within 10years from his release or first conviction, hewas again c onvicted of any of the said crimesfor the second time

3. that after his conviction of, or after serving

sentence for the second offense, he again

c ommitted , and, within 10 years from his lastrelease or last conviction, he was againc onvicted of any of said offenses, the thirdtime or oftener.

DISTINCTIONS

HabitualDelinquency

Recidivism

1. As to the

CRIMEScommitted

1. The crimes are

specified

1. It is sufficient

that theaccused on thedate of his trial,shall have beenpreviously

convicted byfinal judgmentof another crimeembraced inthe same title

2. As to the

PERIOD of time thecrimes arecommitted

2. The offender is

found guilty withinten years from hislast release or lastconviction

2. No period of

time betweenthe former conviction andthe lastconviction

3. As to the

NUMBER of crimescommitted

3. The accused must

be found guilty thethird time or oftener of the crimesspecified

3. The second

offense for anoffense foundin the same title

4. As to their

EFFECTS

4. An additional

penalty is alsoimposed

4. If not offset by

a mitigatingcircumstance,serves toincrease thepenalty only tothe maximum






ART. 64. RULES FOR THEAPPLICATION OF PENALTIES,

WHICH CONTAIN THREE PERIODS

CASES IN WHICH MITIGATING ANDAGGRAVATING CIRCUMSTANCES ARENOT CONSIDERED IN THE IMPOSITION

OF PENALTY:

1. When the penalty is single and indivisible

2. In felonies through negligence

3. The penalty to be imposed upon a Moro or

other non-Christian inhabitants

4. When the penalty is only a fine imposed by

an ordinance

5. When the penalties are prescribed by special

laws

ART. 66. IMPOSITION OF FINESOUTLINE OF THE PROVISION:1. The court can fix any amount of the fine

within the limits established by law.2. The court must consider: (1) the mitigating

and aggravating circumstances; and (2) moreparticularly, the wealth or means of theculprit.

3. The court may also consider: (1) the gravity

of the crime committed; (2) the heinousnessof its perpetration; and (3) the magnitude of its effects on the offender’s victims.

ART. 68. PENALTY TO BE IMPOSEDUPON A PERSON UNDER EIGHTEEN

YEARS OF AGE

APPLICATION OF ART. 68:

1. This article is not immediately applicable to a

minor under 18 years of age, because suchminor, if found guilty of the offense charged,is not sentenced to any penalty. Thesentence is suspended and he is orderedcommitted to the reformatory institution, IF,his application therefor is approved by thecourt.

2. This article applies to such minor if his

application for suspension of sentence isDISAPPROVED OR if while in the

reformatory institution he becomesINCORRIGIBLE , in which case he shall bereturned to the court for the imposition of theproper penalty.

ART. 70. SUCCESSIVE SERVICE OFSENTENCE

THE THREE-FOLD RULE

1. THE MAXIMUM DURATION OF THE

CONVICT’S SENTENCE shall not be morethan three times the length of timecorresponding to the most severe of thepenalties imposed upon him.

2. But in no case to exceed 40 years.

3. This rule shall apply only when the convict is

to serve 4 or more sentences successively .4. Subsidiary penalty forms part of the penalty.

DIFFERENT SYSTEMS OF PENALTY,RELATIVE TO THE EXECUTION OF TWO

OR MORE PENALTIES IMPOSED ONONE AND THE SAME ACCUSED

1. material accumulation systemNo limitation whatever, and accordingly, allthe penalties for all the violations wereimposed even if they reached beyond thenatural span of human life.

2. juridical accumulation systemLimited to not more than three-fold the lengthof time corresponding to the most severe andin no case to exceed 40 years.

3. absorption systemThe lesser penalties are absorbed by thegraver penalties.

ART. 72. PREFERENCE IN THEPAYMENT OF CIVIL LIABILITIES

Civil liability is satisfied, by following thechronological order of the dates of the final

judgments.

ART. 77. WHEN THE PENALTY IS ACOMPLEX ONE COMPOSED OFTHREE DISTINCT PENALTIES

DEFINITION: A complex penalty is a penalty prescribed by lawcomposed of three distinct penalties, eachforming a period: the lightest of them shall be theminimum, the next the medium, and the mostsevere the maximum period.

INDETERMINATESENTENCE LAW

Act No. 4103 as amended by Act No. 4225

CONCEPT:INDETERMINATE SENTENCE– is a sentence






with a minimum term and a maximum term which,the court is mandated to impose for the benefit of a guilty person who is not disqualified therefor,when the maximum imprisonment exceeds one(1) year . It applies to both violations of RevisedPenal Code and special penal laws.

A. SENTENCE IN THE I.S.LAWIn imposing a prison sentence for an offensepunished by the Revised Penal Code or specialpenal laws, the court shall sentence the accusedto an indeterminate sentence, which has amaximum and a minimum term based on thepenalty actually imposed.

ISLAW Application is mandatory, where

imprisonment would exceed one year.

I. IF THE PENALTY IS IMPOSED BY THERPC:

a. The Maximum Term— is that which couldbe properly imposed under the RPC,considering the aggravating and mitigatingcircumstances,b. The Minimum Term— is within the rangeof the penalty one degree lower than thatprescribed by the RPC, without consideringthe circumstances,

BUT when there is a privileged

mitigating circumstance, so that thepenalty has to be lowered by one degree,the STARTING POINT for determining the minimum term of the indeterminatepenalty is the penalty next lower thanthat prescribed by the Code for theoffense.

II. IF THE PENALTY IS IMPOSED BY ANYOTHER LAW (MEANING, A SPECIALPENAL LAW)

a. The Maximum Term— must not exceedthe maximum term fixed by said law,b. The Minimum Term— must not be lessthan the minimum term prescribed the same.

SIMPLY for special laws, it is

anything within the inclusive range of theprescribed penalty. Courts are givendiscretion and the circumstances are notconsidered.

B. WHEN BENEFIT OF THE ISLAW IS

NOT APPLICABLEThe Indeterminate Sentence Law shall not applyto the following persons:1. sentenced to death penalty or life

imprisonment2. treason, or conspiracy or proposal to commit

treason

3. misprision of treason, rebellion, sedition or espionage

4. piracy 5. habitual delinquents6. escaped from confinement, or evaded

sentence7. granted with conditional pardon by the

President, but violated the terms thereof 8. maximum term of imprisonment do not

exceeding 1 year 9. sentenced to the penalty of destierro or

suspension only

C. RELEASE OF THE PRISONER ONPAROLE

The Board of Pardons and Parole may authorizethe release of a prisoner on parole, after he shallhave served the minimum penalty imposed onhim, provided that:

a. Such prisoner is fitted by his training for

release,

.b There is reasonable probability

that he will live and remain at liberty withoutviolating the law,

.c Such release will not be

incompatible with the welfare of society.

D. ENTITLEMENT TO FINAL RELEASE

AND DISCHARGEIf during the period of surveillance such paroledprisoner shall: (a) show himself to be a law-abiding citizen and, (b) shall not violate any law,the Board may issue a final certification of release in his favor, for his final release anddischarge.

E. SANCTION FOR VIOLATION OFCONDITIONS OF THE PAROLE

When the paroled prisoner shall violate any of theconditions of his parole: (a) the Board may issuean order for his arrest , and thereafter, (b) the

prisoner shall serve the remaining unexpired portion of the maximum sentence for which hewas originally committed to prison.

F. REASONS FOR FIXING THE MAXIMUMAND MINIMUM TERMS IN THEINDETERMINATE SENTENCE

The minimum and the maximum terms in the ISmust be fixed, because they are the basis for thefollowing:1. Whenever a prisoner has: (a) served the

MINIMUM penalty imposed on him, and (b) isfit for release as determined by the Board of

Indeterminate Sentence, such Board mayauthorize the release of the prisoner onparole, upon terms and conditions prescribedby the Board.

2. But when the paroled prisoner violates any of the conditions of his parole during the periodof surveillance, he may be rearrested to servethe remaining unexpired portion of the






MAXIMUM sentence.3. Even if a prisoner has already served the

MINIMUM, but he is not fitted for release onparole, he shall continue to serve until the endof the MAXIMUM term.

THE CHILD AND YOUTHWELFARE CODE

1. The purpose of Arts. 189 and 192 of the

Child and Youth Welfare Code is to avoid asituation where JUVENILE OFFENDERSwould commingle with ordinary criminals inprison.

2. If the court finds that the youthful offender

committed the crime charged against him, itshall DETERMINE the imposable penalty andthe civil liability chargeable against him.

3. The court may not pronounce judgment of

conviction and SUSPEND all further proceedings if, upon application of theyouthful offender, it finds that the bestinterest of the public and that of the offender will be served thereby.

4. The benefits of Article 192 of PD 603, as

amended, providing for suspension of sentence, shall NOT APPLY TO (1) ayouthful offender who once enjoyed suspension of sentence under its provisions,or (2) one who is convicted of an offensepunishable by death or life imprisonment .

5. The youthful offender shall be RETURNED to

the committing court for the pronouncement of judgment, when the youthful offender (1)has been found incorrigible; or (2) haswillfully failed to comply with the conditions of his rehabilitation programs; or (3) when hiscontinued stay in the training institution wouldbe inadvisable.

6. When the youthful offender has reached the

age of TWENTY-ONE while in commitment,the court shall determine whether –

a. To DISMISS the case, if the

youthful offender has behaved properlyand has shown his capability to be auseful member of the community; or

b. To PRONOUNCE the judgment

of conviction, if the conditions mentionedare not met.

7. In the latter case, the convicted offender may

apply for PROBATION . In any case, theyouthful offender shall be credited in theservice of his sentence with the full time

spent in actual commitment and detention.8. The final release of a youthful offender based

on good conduct as provided in Art. 196 shallnot obliterate his CIVIL LIABILITY for damages

9. A minor who is ALREADY AN ADULT at the

time of his conviction is not entitled to a

suspension of sentence

PROBATION LAW OF 1976:PD 968, as amended

A. CONCEPTPROBATION is a disposition under which adefendant after conviction and sentence isreleased subject to conditions imposed by thecourt and to the supervision of a probation officer.

B. APPLICATIONThis shall apply to all offenders except thoseentitled to benefits under PD 6003 and similar

laws.

C. RULES ON GRANT OF PROBATION

1. After having convicted and sentenced a

defendant, the trial court MAY S USPEND theexecution of the sentence, and place thedefendant on probation, upon APPLICATION by the defendant within the period for

perfecting an appeal .

2. Probation may be granted whether the

sentence imposes a term of imprisonment or a fine only .

3. NO application for probation shall be

entertained or granted if the defendant hasPERFECTED AN APPEAL from the

judgment of conviction.

4. Filing of application for probation operates as

a W AIVER OF THE RIGHT TO APPEAL.

5. The application shall be filed with the trial

court, and the order granting or denyingprobation shall NOT BE APPEALABLE .

6. Accessory penalties are deemed suspended

once probation is granted.

D. POST-SENTENCE INVESTIGATION

The convict is not immediately placed onprobation. There shall be a prior investigation bythe probation officer and a determination by thecourt.

E. CRITERIA FOR PLACING ANOFFENDER ON PROBATION

The Court shall consider:1. All information relative to the character,

antecedents, environment, mental, andphysical condition of the offender.

2. Available institutional and communityresources.

F. PROBATION SHALL BE DENIED IFTHE COURT FINDS THAT:

CODE: (CoRD)

a. Offender is in need of correctional

treatment






a. There is undue risk of committing

another crime

a. Probation will depreciate the seriousnessof the offense committed

G. DISQUALIFIED OFFENDERS:THE BENEFITS OF THIS DECREE SHALL NOTBE EXTENDED TO THOSE:

.a Sentenced to serve a maximum

of imprisonment of more than 6 years.

.b Convicted of subversion or any

crime against the national security or the public order.

.c Previously convicted by final

judgment of an offense punished by

imprisonment of not less than 1 month and 1day and/or a fine not more than P200.

.d Once placed on probation.

H. CONDITIONS OF PROBATION2 KINDS OF CONDITIONS IMPOSED:1. Mandatory or general - once violated, the

probation is cancelled . They are:a. Probationer Presents himself tothe probation officer designated toundertake his supervision, at suchplace as may be specified in theorder, within 72 hours from receipt of order;

b. He Reports to the probation officer atleast once a month

2. Discretionary or special – additionalconditions listed, which the courts may additionally impose on the probationer towards his correction and rehabilitationoutside prison. HOWEVER, the enumerationis not inclusive. Probation statutes are liberal in character and enable the courts todesignate practically ANY term it chooses, aslong as the probationer’s Constitutional rightsare not jeopardized. Also, they must not be

unduly restrictive of probationer, and notincompatible with the freedom of conscienceof probationer.

I. PERIOD OF PROBATIONFOR HOW LONG MAY A CONVICT BE PLACEDON PROBATION?1. If the convict is sentenced to a term of

imprisonment of NOT more than one year ,the period of probation shall not exceed twoyears.

2. In all other cases, if he is sentenced to morethan one year , said period shall not exceed

six years.3. When the sentence imposes a fine only and

the offender is made to serve subsidiary imprisonment , the period of probation shallbe twice the total number of days of subsidiary imprisonment.

J. ARREST OF PROBATIONERAND SUBSEQUENT DISPOSITIONS.

1. At any time during probation, the court mayissue a warrant for the ARREST of aprobationer for any serious violation of theconditions of probation.

2. If violation is established, the court may (a)

REVOKE his probation, or (b) continue hisprobation and MODIFY the conditionsthereof. This order is not appealable.

3. If revoked, the probationer shall SERVE the

sentence originally imposed.

K. TERMINATION OF PROBATIONThe Court may order the final discharge of the

probationer upon finding that, he has fulfilled theterms and conditions of his probation.

L. EFFECTS OF TERMINATION OFPROBATION

1. Case is deemed terminated .

2. Restoration of all civil rights lost or

suspended.

3. Fully discharges liability for any fine imposed.

Note that the probation is NOT coterminouswith its period. There must first be an order

issued by the court discharging theprobationer.

ART. 83. SUSPENSION OF THEEXECUTION OF THE DEATH

SENTENCE

Death sentence shall be suspended when theaccused is a:

1. Woman, while pregnant ;

2. Woman, within one (1) year after delivery ;

3. Person over seventy (70) years of age;4. Convict who becomes insane, after final

sentence of death has been pronounced.

ART. 87. DESTIERRO

ONLY IN THE FOLLOWING CASES ISDESTIERRO IMPOSED:CODE: (E-BCP)

1. Death or serious physical injuries is caused

or are inflicted, under exceptional circumstances (Art. 247);

2. Failure to give bond for good behavior (Art.

284);

3. Penalty for the concubine in concubinage

(Art. 334);

4. When, after reducing the penalty by one or

more degrees, destierro is the proper penalty






ART. 89. HOW CRIMINAL LIABILITYIS TOTALLY EXTINGUISHED

CRIMINAL LIABILITY IS TOTALLYEXTINGUISHED:CODE: (D SAAPP M)

1. By the DEATH of the convict as to personal

penalties; BUT as to pecuniary penalties,liability is extinguished only when the deathof the offender occurs before final judgment;

a. Whether before or after final

judgment, death extinguishesCRIMINAL LIABILITY , as this penalty is

deemed personal. Not so with pecuniary penalties, which are onlyextinguished (as they arise from thedelict) when death occurred before final

judgment.

b. Meaning— when the accused

died while the judgment of convictionagainst him was pending in appeal, hisCIVIL AND CRIMINAL LIABILITY wasextinguished by his death; UNLESSclaim for civil liability may be predicatedon a source of obligation other thandelict.

c. Death of the offended party doesnot extinguish the criminal liability of theoffender because the offense iscommitted against the State.

2. By SERVICE OF SENTENCE ;

3. By AMNESTY , which completely

extinguishes the penalty and all its effects. Amnesty – is an act of the sovereign power granting oblivion or a general pardon for apast offense, and is rarely if ever exercised infavor of a single individual, and is usuallyexerted in behalf of certain classes of persons who are subject to trial but have not

yet been convicted.4. By ABSOLUTE PARDON ; Pardon – is an act

of grace, proceeding from the power entrusted with the execution of the laws,which exempts the individual on whom it isbestowed from the punishment the law inflictsfor the crime he has committed.

DISTINCTIONSCODE:(Any Convict looks Forward, Civil R Private)

PARDON AMNESTY

1. Includes any crimeand is exercisedindividually by thePresident

1. A blanket pardon toclasses of personsor communitieswho may be guiltyof political offenses

2. Exercised when 2. May be exercised

the person isalready convicted

even before trial or investigation is had

3. Merely looks

FORWARD andrelieves theoffender from theconsequences of an offense of whichhe has beenconvicted; it doesnot work for therestoration of therights to hold publicoffice, or the rightof suffrage, unlesssuch rights beexpressly restoredby means of pardon

3. Looks

BAKCWARD andabolishes and putsinto oblivion theoffense itself ; it sooverlooks andobliterates theoffense with whichhe is charged thatthe personreleased byamnesty standsbefore the lawprecisely as thoughhe had committedno offense

4. Does not alter the

fact that theaccused is arecidivist as itproduces only theextinction of thepersonal effects of the penalty

4. Makes an ex-

convict no longer arecidivist, becauseit obliterates thelast vestige of thecrime

5. Does notextinguish the civil liability of theoffender

5. Does not extinguish the civilliability of theoffender

6. Being a PRIVATE

ACT by thePresident, must be

pleaded andproved by theperson pardoned

6. Being by

Proclamation of theChief Executivewith theconcurrence of Congress, is aPUBLIC ACT of which the courtsshould take notice

5. By PRESCRIPTION OF THE CRIME;

Prescription of the Crime – is the forfeiture or loss of the right of the State to prosecute theoffender, after the lapse of a certain time.

6. By PRESCRIPTION OF THE PENALTY;

Prescription of the Penalty – is the loss or forfeiture of the right of the Government toexecute the final sentence, after the lapse of a certain timeConditions necessary:a.That there be final judgment;b.That the period of time prescribed by law

for its enforcement has elapsed7. By THE MARRIAGE OF THE OFFENDED

WOMAN with the offender in the crimes of rape, abduction, seduction, and acts of lasciviousness. In the crimes of rape,seduction, abduction, or acts of lasciviousness, the marriage, as provided






under Art. 344, must be contracted by theoffender in good faith.

ART. 94. PARTIAL EXTINCTION OFCRIMINAL LIABILITY

CRIMINAL LIABILITY IS PARTIALLYEXTINGUISHED:1. By CONDITIONAL PARDON;2. By COMMUTATION OF THE SENTENCE;3. For GOOD CONDUCT ALLOWANCES which

the culprit may earn while he is servingsentence;

4. By PAROLE;

a. Parole – is the suspension of the

sentence of a convict, after serving the

minimum term of the indeterminatepenalty, without granting a pardon,prescribing the terms upon which thesentence shall be suspended

b. If the convict fails to observe the

conditions of the parole, the Board of Pardons and Parole is authorized to (1)direct his ARREST, AND RETURN TOCUSTODY and thereafter; (2) to CARRY OUT HIS SENTENCE WITHOUT DEDUCTION of the time that haselapsed between the date of the paroleand the subsequent arrest.

DISTINCTIONS

ConditionalPardon

Parole

1. May be given atany time after final judgment ; isgranted by theChief Executiveunder theprovisions of the

Administrative

Code

1. May be givenafter the prisoner has served theminimumpenalty; isgranted by theBoard of Pardons and

Parole under theprovision of theIndeterminateSentence Law

2. For violation of the conditionalpardon, theconvict may beordered re-arrested or re-incarcerated bythe Chief

Executive, or may bePROSECUTEDunder Art. 159 of the Code

2. For violation of the terms of theparole, theconvict CANNOT

BE PROSECUTED

UNDER ART. 159 of the RPC, he canbe re-arrested

and re-incarcerated toserve theunserved portionof his originalpenalty

5. by PROBATION. Please see Probation Law .

ART. 100. CIVIL LIABILITY OF APERSON GUILTY OF FELONY

A CRIME HAS A DUAL CHARACTER:1. As an offense against the State, because of

the disturbance of the social order; and

2. As an offense against the private person

injured by the crime, UNLESS it involves thecrime of treason, rebellion, espionage,contempt, and others wherein no civil liabilityarises on the part of the offender, either because there are no damages to be

compensated or there is no private personinjured by the crime

EFFECT OF ACQUITTALExtinction of the penal action does NOT carrywith it extinction of the civil; UNLESS theextinction proceeds from a declaration in a final

judgment that the fact from which the civil liabilitymight arise did not exist.

EFFECT OF DISMISSAL OF CASEThe Dismissal of the information or the criminalaction does NOT affect the right of the offended

party to institute or continue the civil actionalready instituted arising from the offense,because such dismissal or extinction of the penalaction dose not carry with it the extinction of thecivil one

EFFECT OF DEATH1. Only the criminal liability (including the fine

which is pecuniary), but not the civil liability of the accused, is extinguished by his death.

2. Civil liability may exist, although the accusedis not held criminally liable, in the followingcases:

(a) Acquittal on reasonable doubt (b) Acquittal from a cause of non-

imputability

(c) Acquittal in the criminal action for

negligence

(d) When there is only civil liability

(e) In case of independent civil

actions

ART. 104. WHAT IS INCLUDED INCIVIL LIABILITY

THREE CATEGORIES:1. Restitution2. Reparation of damage caused3. And indemnification for consequential

damages






ART. 106. REPARATION - HOW

MADEBy the payment of the actual price of the thingplus its sentimental value.

-End of Book One-


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