2012+Criminal+Law+Summer+Reviewer Book1 Final Printversion

CRIMINAL
LAW BAR REVIEWER

FACULTY ADVISER ACADEMICS HEAD SUBJECT HEADS
ATTY. RONALD CHUA PIERRE MARTIN REYES JULIANNE ALBERTO DIANNA WILWAYCO KAREN DELA CRUZ JASMINE REGIS
ATENEO CENTRAL BAR OPERATIONS 2012 ACADEMICS COMMITTEE Academics Head: Pierre Martin Reyes; Understudy: Clariesse Jami Mari Chan REVIEW COMMITTEE Head: Yla Gloria Marie Paras; Understudy: Ken Koga; Members: Catherine Dela Rosa, Eric Lavadia, Le Iris Lucido, Pearl Charisse Baustista; Mina Reyes CRIMINAL LAW COMMITTEE Heads: Julianne Alberto, Dianna Wilwayco, Karen Dela Cruz, Jasmine Regis; Understudy: Mary Grace Arboladura, Regina Gomez, Toni Lou Sevilla, Patricia Sta. Maria; Volunteers: Angel Bascara, Carlo Ilano, Lito Paolo Martin

CRIMINAL LAW BOOK I

Table of Contents
I. REVISED PENAL CODE

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TOPICS UNDER THE SYLLABUS A. BOOK I.6 1. Fundam ental Principles...6 a. Definition of Crim inal Law...6 i. Difference between M ala in Se and M ala Prohibita ..6 b. Scope of Application and Characteristics of Crim inal Law.6 i. Generality..7 ii. Territoriality..7 iii. Prospectivity...8 c. Constitutional Lim itations of the Power of Congress to enact Penal Laws in the Bill of Rights ..8 i. Equal Protection....8 ii. Due Process.8 iii. Non-im position of Cruel and Unusual Punishm ent or Excessive Fines8 (a) Act Prohibiting the Im position of Death Penalty in the Philippines.8 iv. Bill of Attainder.8 v. Ex post facto law .8 2. Felonies..9 a. Classification of Felonies...10 b. Elem ents of Crim inal Liability.11 c. Im possible Crim es...13 d. Stages of Execution...14 e. Conspiracy and Proposal...17 f. M ultiple Offenders...19 i. Recidivism ..19 ii. Habituality (Reiteracion) ...19 iii. Quasi-Recidivism 20 iv. Habitual Delinquency.20 g. Com plex Crim es vs. Special Com plex Crim es....20 3. Circum stances which Affect Crim inal Liability...23 a. Justifying Circum stances.23 i. Anti-Violence Against W om en and Their Children Act of 2004.25 (a) Battered wom an syndrom e..25 b. Exem pting Circum stances..27 i. Juvenile Justice and W elfare Act of 2006; Child and Youth W elfare Code28
CRIMINAL LAW REVIEWER
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(a) Definition of child in conflict with the law.28 (b) M inim um age of crim inal responsibility..28 (c) Determ ination of age.28 (d) Exem ption from crim inal liability..28 c. M itigating Circum stances..31 d. Aggravating Circum stances..35 i. Generic..35 ii. Qualifying.36 (a) Decree Codifying the Laws on Illegal/Unlawful Possession, M anufacture, Dealing in, Acquisition or Disposition, of Firearm s, Am m unition or Explosives as an aggravating circum stance.48 (b) The Com prehensive Dangerous Drugs Act of 2002..48 i. As a qualifying aggravating circum stance..48 ii. Im m unity from prosecution and punishm ent, coverage.48 iii. M inor offenders.49 iv. Application/Non-application of RPC provisions.49 e. Alternative Circum stances...49 f. Absolutory Cause51 4. Persons Crim inally Liable/Degree of Participation.51 a. Decree Penalizing Obstruction of Apprehension and Prosecution of Crim inal Offenders.57 i. Punishable Acts...57 ii. Com pare with Article 20..57 5. Penalties.58 a. General Principles...58 i. Act Prohibiting the Im position of Death Penalty in the Philippines...60 b. Purposes....60 c. Classification...60 d. Duration and Effect...61 e. Application...63 i. Indeterm inate Sentence Law...64 ii. Three-Fold Rule67 iii. Subsidiary Im prisonm ent..67 f. Execution and Service..67 i. Probation Law...67 (a) Definition of Term s...67 (b) Purpose...67 (c) Grant of probation, m anner and conditions..67 (d) Criteria of placing an offender on probation...68 (e) Disqualified offenders..68 (f) Period of probation.68 (g) Arrest of probationer ...68 (h) Term ination of probation; exception..68 i. The Com prehensive Dangerous Drugs Act of 200268
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ii. Juvenile Justice and W elfare Act of 2006; Child and Youth W elfare Code...69 (a) Definition of child in conflict with the law ...69 (b)Exem ption from crim inal liability.....69 (c) Juvenile justice and welfare system...69 g. Distinguished from Preventive Im prisonm ent..69 6. M odification and Extinction of Crim inal Liability...70 a. Prescription of Crim es..71 b. Prescription of Penalties...73 c. Pardon by Offended Party..73 d. Pardon by the Chief Executive..73 e. Am nesty...73
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CRIMINAL LAW BOOK I

1. FUNDAMENTAL PRINCIPLES
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TOPIC UNDER THE SYLLABUS: 1. Fundamental Principles a. Definition of Criminal Law i. Difference between Mala in Se and Mala Prohibita b. Scope of Application and Characteristics of Criminal Law i. Generality ii. Territoriality iii. Prospectivity c. Constitutional Limitations of the Power of Congress to enact Penal Laws in the Bill of Rights i. Equal Protection ii. Due Process iii. Non-imposition of Cruel and Unusual Punishment or Excessive Fines (a) Act Prohibiting the Imposition of Death Penalty in the Philippines iv. Bill of Attainder v. Ex post facto law
====================================== 1. FUNDAMENTAL PRINCIPLES a. DEFINITION OF CRIMINAL LAW
CRIMINAL LAW is that branch of municipal law which defines crimes, treats of their nature and provides for their punishment. i. DEFINITION OF TERMS 1. CRIME - the commission or omission by a person having capacity, of any act, which is either prohibited or compelled by law and the commission or omission of which is punishable by a proceeding brought in the name of the government whose law has been violated. 2. FELONY - a crime punished under the RPC 3. OFFENSE - a crime punished under a special law 4. MISDEMEANOR - a minor infraction of law
II. SOURCES OF PHILIPPINE CRIMINAL LAW 1. Revised Penal Code 2. Special Penal Laws 3. Penal Presidential Decrees issued during Martial Law III. THEORIES IN CRIMINAL LAW 1. Classical or Juristic Theory - The basis of criminal liability is human free will. The purpose of the penalty is retribution in view of the voluntariness of the act or omission of the offender. The emphasis is on the offense and not on the offender. 2. Positivist or Realist Theory - Man is inherently good but the offender is socially sick. The basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. The purpose of the penalty is reformation and the emphasis is on the offender and not the offense IV. LEGAL MAXIMS 1. Nullum crimen nulle poena sine lege - there is no crime when there is no law that defines and punishes it 2. Actus no facit reum, nisi mens sit rea - the act cannot be criminal unless the mind is criminal 3. Actus me invite factus non est meus actus - an act done by me against my will is not my act 4. Doctrine of Pro Reo - Whenever a penal law is to be construed or applied and the law admits of two interpretations one lenient to the offender and one strict to the offender that interpretation which is lenient or favorable to the offender will be adopted. V. CONSTRUCTION OF PENAL LAWS 1. Liberally construed in favor of offender a. The offender must clearly fall within the terms of the law. b. An act is criminal only when made so by the statute. 2. In cases of conflict with official translation, original Spanish text is controlling. 3. No interpretation by analogy.
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B. SCOPE AND APPLICATION AND CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW I. GENERALITY The law is binding upon all persons who reside or sojourn in the Philippines, irrespective of age, sex, color, creed, or personal circumstances.
EXCEPTIONS: 1. Treaty Stipulations a. Example: RP-US Visiting Forces Accord 2. Laws on Preferential Application a. Example: R.A. 75 Under R.A. 75, persons who are exempt from arrest and imprisonment and whose properties are exempt from distraint, seizure and attachment are the following: Ambassadors Public ministers Domestic servants of ambassadors and public ministers Unless the person is a citizen or inhabitant of the Philippines and the writ or process issued against him is founded upon a debt contracted before he entered upon such service or the domestic servant is not registered with the Department of Foreign Affairs. 3. Principles of Public International Law a. Examples: sovereigns or head of states, ambassadors, ministers plenipotentiary and ministers-resident, charges daffairs and attaches. b. Consuls, vice-consuls and other commercial representatives of a foreign nation cannot claim the privileges and immunities accorded to ambassadors and ministers. II. TERRITORIALITY The law is applicable to all crimes committed within the limits of the Philippine territory, which includes its atmosphere, interior waters and maritime zone. EXCEPTION: Article 2, RPC. [SCION] 1. Should commit an offense while on a Philippine Ship or airship REQUISITES: a. The Philippine ship or airship must be duly registered under the Philippine laws. b. The ship or airship must not be within the territorial jurisdiction of another country,
otherwise the laws of that country will apply as a rule. FOREIGN MERCHANT VESSELS FRENCH RULE GENERAL RULE Crimes committed aboard a foreign vessel within the territorial waters of a country are NOT triable in the courts of such country. Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country.
ENGLISH RULE
EXCEPTION When the crime merely Crime affects the peace and affects things within the security of the territory, or vessel or refers to the endangers the safety of the internal management state. thereof. FOREIGN WARSHIPS - The nationality of such warship determines the applicable penal laws to crimes committed therein, as they are considered to be an extension of the territory of the country to which they belong. 2. Should forge or Counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands 3. Should be liable for acts connected with the Introduction into these islands of the obligations and securities mentioned in the presiding number The rationale for the exceptions provided in pars. (2) and (3) is to maintain and preserve the financial credit stability of the state. It should be noted, however, that those who introduced the counterfeit items are criminally liable even if they were not the ones who counterfeited the said items. Conversely, those who counterfeited the said items are criminally liable even if they did not introduce the counterfeit items into the Philippines. 4. While being public Officers or employees, should commit an offense in the exercise of their functions The offense committed by a public officer abroad must refer to the discharge of ones functions. The exception does not apply to public officers of the Philippine government who enjoy diplomatic immunity because in such a case the principles of public international law will govern.
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A crime committed within the grounds of a Philippine embassy on foreign soil shall be subject to Philippine penal laws, although it may or may not have been committed by a public officer in relation to ones official duties. Embassy grounds are considered as extensions of the sovereignty of the country occupying them. Example of crimes included: (a) Direct bribery (b) Indirect bribery (c) Qualified bribery (d) Corruption (e) Frauds against the public treasury (f) Possession of prohibited interest (g) Malversation of public funds or property (h) Failure of accountable officer to render accounts (i) Failure to render accounts before leaving the country (j) Illegal use of public funds or property (k) Failure to make delivery of public funds or property (l) Falsification by a public officer or employee committed with abuse of official position 5. Should commit any of the crimes against National security and the law of nations, defined in Title One of Book Two of this Code
Effect of Repeal of Penal Laws 1. If the repeal makes the penalty lighter in the new law, the new law shall be applied 2. If the new law imposes a heavier penalty, the law in force at the time of the commission of the offense shall be applied 3. If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable, the crime is obliterated
C. CONSTITUTIONAL LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS IN THE BILL OF RIGHTS I. EQUAL PROTECTION The law must be general in application (Art. III, Sec. 1, 1987 Constitution) II. DUE PROCESS
No person shall be held to answer for a criminal offense without due process of law (Art. III, Sec. 14[1], 1987 Constitution) III. NON-IMPOSITION OF CRUEL AND UNUSUAL PUNISHMENT OR EXCESSIVE FINES Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted (Art. III, Sec. 19[1], 1987 Constitution) NOTE: Currently, the imposition of the death penalty has been prohibited pursuant to Republic Act No. 9346. IV. BILL OF ATTAINDER A bill of attainder is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act for a judicial determination of guilt. People v. Ferrer, [48 SCRA 382, 395] V. EX POST FACTO LAW An ex post facto law is one which: Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; Aggravates a crime, or makes it greater than it was, when committed;
The rationale for the exception is to safeguard the existence of the state. However, when rebellion, coup dtat and sedition are committed abroad, the Philippine courts will not have jurisdiction because these are crimes against public order. Nevertheless, terrorism under R.A. 9372 is now a crime against national security and the law of nations. EXCEPTION TO THE EXCEPTION: Penal laws are not applicable within or without Philippine territory if so provided in treaties and laws of preferential application. III. PROSPECTIVITY The law does not have any retroactive effect, except if it favors the offender unless he is a habitual delinquent or the law otherwise provides. EXCEPTION: 1. Favorable to the offender EXCEPTIONS TO THE EXCEPTION: 1. The offender is a habitual delinquent 2. The law otherwise provides
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Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; Alters the legal rules of evidence, and authorized conviction upon less or different testimony than the law required at the time of the commission of the offense; Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful; and Deprives a person accused of a crime some lawful protection to which he has become entitled (e.g. protection of a former conviction or acquittal, proclamation of amnesty)
g. Complex Crimes vs. Special Complex Crimes =================================

2. FELONIES Art. 3. Definitions. Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. FELONIES are acts and omissions punishable by the Revised Penal Code. A. ELEMENTS OF FELONIES
i. There must be an act or omission ACT means any bodily movement tending to produce some effect in the external world. It must be at least an overt act of that felony, that is, an external act which has direct connection with the felony intended to be committed. OMISSION means inaction, the failure to perform a positive duty which one is bound to do. There must be a law required the doing or performance of an act. ii. The act or omission must be punishable by the RPC It is based on the maxim, nullum crimen, nulla poena sine lege, that is, there is no crime when there is no law punishing it. iii. The act is performed or the omission incurred by means of dolo or culpa Voluntariness is an element because (a) Art. 3 in referring to dolo states that the act is performed with deliberate intent which implies that the act is voluntary or freely committed; and (b) Art. 365 in referring to reckless imprudence expressly states that it is consists in voluntary but without malice doing or failing to do an act.
VI. WAIVER OF THE RIGHTS OF THE ACCUSED The constitutional rights of the accused cannot be waived except in writing and in the presence of counsel (Art. III, Sec. 12[1], 1987 Constitution) NOTE: A right which may be waived is the right of the accused to confrontation and cross-examination. A right which may not be waived is the right of the accused to be informed of the nature and cause of the accusation. The reason is that those rights which may be waived are personal, while those rights which may not be waived involve public interest which may be affected.
END OF DISCUSSION ON TOPIC 1. FUNDAMENTAL PRINCIPLES ======================================
2. FELONIES
================================= TOPIC UNDER THE SYLLABUS: 2. Felonies a. Classification of Felonies b. Elements of Criminal Liability c. Impossible Crimes d. Stages of Execution e. Conspiracy and Proposal f. Multiple Offenders i. Recidivism ii. Habituality (Reiteracion) iii. Quasi-Recidivism iv. Habitual Delinquency
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A criminal act is presumed voluntary. In the absence of indubitable explanation, the act must be declared voluntary and punishable. DOLO Involves malice or deliberate intent Intentional CULPA Results from negligence, imprudence, lack of foresight or lack of skill Intent is replaced by fault
Intent is a mental state, the existence of which is shown by the over acts of a person. When the accused is charged with intentional felony, absence of criminal intent is a defense. SPECIFIC INTENT An intention to commit a definite act Existence of the intent is not presumed The burden of proving the existence of the intent is upon the prosecution, as such intent is an element of the offense
GENERAL INTENT An intention to do a wrong Presumed to exist from the mere doing of a wrongful act The burden of proving the absence of intent is upon the accused
B. CLASSIFICATION OF FELONIES
i. Intentional Felonies In intentional felonies, the act or omission of the offender is malicious. The act is performed with deliberate intent. The offender, in performing the act or in incurring the omission, has the intention to cause an injury to another. REQUISITES: 1. Freedom When a person acts without freedom, he is no longer a human being, but a tool. A person who acts under the compulsion of an irresistible force is exempt from criminal liability. A person who acts under the impulse of an uncontrollable fear of an equal or greater injury is exempt from criminal liability. 2. Intelligence It is the moral capacity to determine what is right from what is wrong and to realize the consequences of ones acts. Without the power of intelligence necessary to determine the morality of human acts, to distinguish a licit from an illicit act, no crime can exist, because the intent has no intelligence, the law exempts him from criminal liability. Factors that negate intelligence: minority, insanity, imbecility 3. Intent It is presumed from the commission of an unlawful act. It is negated by mistake of facts. Intent presupposes the exercise of freedom and the use of intelligence. If there is no intent there is no felony committed by dolo but a felony may still exist if culpa is present.
INTENT MOTIVE The purpose to use a The reason which impels particular means to effect one to commit an act for a such a result definite result An element of a crime Not an element of a crime MOTIVE, when relevant: 1. The identity of a person accused of having committed a crime is in dispute 2. In ascertaining the truth between antagonistic theories or versions of the killing 3. The identification of the accused proceeds from unreliable source and testimony is inconclusive and not free from doubt 4. There are no eyewitnesses to the crime, and where suspicion is likely to fall upon a number of persons 5. The evidence is merely circumstantial MISTAKE OF FACT Ignorance or mistake of fact relieves the accused from criminal liability. Mistake of fact is a misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable, because he did not act with criminal intent. REQUISITES OF MISTAKE OF FACT: 1. The act done would have been lawful had the facts been as the accused believed them to be. 2. The intention of the accused in performing the act should be lawful. 3. The mistake must be without fault or carelessness on the part of the accused.
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United States v. Ah Chong, [15 Phil. 488] There is an innocent mistake of fact without any fault or carelessness on the part of the accused, because, having no time or opportunity to make any further inquiry, and being pressed by circumstances to act immediately, the accused had no alternative but to take the facts as they then appeared to him, and such facts justified his act of killing the deceased. People v. Oanis, [74 Phil. 257] The accused found no circumstances whatever which would press them to immediate action. The person in the room being then asleep, the accused had ample time and opportunity to ascertain his identity without hazard to themselves, and could effect a bloodless arrest if any reasonable effort to that end had been made, as the victim was unarmed. ii. Culpable Felonies In culpable felonies, the act or omission of the offender is not malicious. The injury caused by the offender to another person is unintentional, it being simply the incident of another act performed without malice. REQUISITES: 1. Freedom 2. Intelligence 3. Imprudence, negligence, or lack of foresight or lack of skill Imprudence indicates a deficiency of action. It usually involves lack of skill. Example: a person fails to take the necessary precaution to avoid injury to person or damage to property. Negligence indicates a deficiency of perception. It usually involves lack of foresight. Example: a person fails to pay proper attention and to use diligence in foreseeing the injury or damage impending to be caused. iii. Those punished by special laws The third class of crimes, are those defined and penalized by special laws which include crimes punished by municipal or city ordinances. When the crime is punished by a special law, as a rule, intent to commit the crime is not necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited by the special law, that is, it is enough that the prohibited act is done freely and consciously.
When the doing of an act is prohibited by a special law, it is considered that the act is injurious to public welfare and the doing of the prohibited act is the crime itself. MALA IN SE MALA PROHIBITA Wrongful from their nature Wrongful merely because prohibited by state So serious in their effects Violations of mere rules of on society convenience Intent governs Criminal intent is not necessary where the acts are prohibited for reasons of public policy Good faith is a valid Good faith is not a defense defense, unless the crime is the result of culpa The degree of The act gives rise to a crime accomplishment of the only when consummated crime is taken into account in punishing the offender Mitigating and aggravating Mitigating and aggravating circumstances are taken circumstances are generally into account not taken into account Penalty is determined on Penalty on the offenders the basis of the degree of are the same participation of the offender There are 3 stages of There are no stages of execution: attempted, execution frustrated, consummated Penalties may be divided There is no division of into degrees and periods penalties
C. CRIMINAL LIABILITY Art. 4. Criminal liability. Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. One who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen or intended or not. The rationale of the rule is the maxim, el que causa de la causa es causa del mal causado (he who is the cause of the cause is the cause of the evil caused).
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How criminal liability is incurred: 1. By committing a felony even if the wrong produced as a consequence thereof is not intended by the offender 2. Impossible crimes i. ELEMENTS (i) An intentional felony has been committed No felony is committed: 1. When the act or omission is not punishable by the RPC; or 2. When the act is covered by any of the justifying circumstances enumerated in Art. 11. The act or omission should not be punished by a special law, because the offender violating a special law may not have the intent to do an injury to another. In such case, the wrongful act done could not be different, as the offender did not intend to do any other injury. If a man creates in another persons mind an immediate sense of danger, which causes such person to try to escape, and in so doing, the latter injures himself, the man who creates such a state of mind is responsible for the resulting injuries. People v. Page, [77 SCRA 348, 355] citing People v. Toling,[ G.R. No. L-27097, Jan. 17, 1975, 62 SCRA 17, 33] (ii) The wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender A person is criminally responsible for acts committed by him in violating of the law and for all the natural and logical consequences resulting therefrom. U.S. v. Sornito, [4 Phil. 357, 360] 1. PROXIMATE CAUSE PROXIMATE CAUSE is that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. Bataclan v. Medina, [102 Phil. 181, 186 quoting 38 Am. Jur. 695] It is that acting first and producing the injury, either immediately, or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor.
There must be a relation of cause and effect, the cause being the felonious act of the offended, the effect being the resulting injuries and/or death of the victim. NATURAL refers to an occurrence in the ordinary curse of human life or events, while LOGICAL means that there is a rational connection between the act of the accused and the resulting injury or damage. The felony committed is not the proximate cause of the resulting injury when: (a) There is an active force that intervened between the felony committed and the resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; or (b) The resulting injury is due to the intentional act of the victim. When death is presumed to be the natural consequence of physical injuries inflicted: (a) The victim at the time of the physical injuries were inflicted was in normal health (b) Death may be expected from the physical injuries inflicted (c) Death ensued within a reasonable time 2. EFFECTIVE INTERVENING CAUSE An EFFECTIVE INTERVENING CAUSE interrupts the natural flow of events leading to ones death. It may relieve the offender from liability. Not efficient intervening causes: Weak or diseased physical condition of the victim Nervousness or temperament of the victim Causes which are inherent in the victim Neglect of the victim or third person Erroneous or unskillful medical or surgical treatment ii. Situations where a person committing a felony is still criminally liable a. Error in personae: mistake in the identity of the victim b. Aberratio ictus: mistake in the blow c. Praeter intentionem: the injurious result is greater than that intended
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D. IMPOSSIBLE CRIMES Art. 4. Criminal liability. Criminal liability shall be incurred: 2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. NOTE: The commission of an impossible crime is indicative of criminal propensity or criminal tendency on the part of the actor. Such a person is a potential criminal. i. REQUISITES 1. The act performed would be an offense against persons or property In committing an impossible crime, the offender intends to commit a felony against persons or a felony against property, and the act performed would have been an offense against persons or property. If the act performed would be an offense other than a felony against persons or against property, there is no impossible crime. Felonies against persons: 1. Parricide 2. Murder 3. Homicide 4. Infanticide 5. Abortion 6. Duel 7. Physical injuries 8. Rape Felonies against property: 1. Robbery 2. Brigandage 3. Theft 4. Usurpation 5. Culpable insolvency 6. Swindling and other deceits 7. Chattel mortgage 8. Arson and other crimes involving destruction 9. Malicious mischief 2. The act was done with evil intent
It must be shown that the actor performed the act with evil intent, that is, he must have the intent to do an injury to another. 3. Its accomplishment is inherently impossible or that the means employed is either inadequate or ineffectual In impossible crime, the act performed by the offender cannot produce an offense against persons or property, because: (1) the commission of the offense is inherently impossible of accomplishment, or (2) the means is either (a) inadequate or (b) ineffectual. 4. The act performed should not constitute a violation of another provision of the Revised Penal Code ii. INADEQUATE AND INEFFECTUAL MEANS Inherent impossibility of its accomplishment (a) The act intended by the offender is by its nature one of impossible accomplishment. (b) There must either be: (1) legal impossibility, or (2) physical impossibility. (c) LEGAL IMPOSSIBILITY - the intended acts, even if completed would not amount to a crime (d) PHYSICAL IMPOSSIBILITY - extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime Employment of inadequate means o Means is insufficient Employment of ineffectual means o Means employed did not produce the result expected iii. PURPOSE The purpose of the law in punishing impossible crime is to suppress criminal propensity or criminal tendencies. Objectively, the offender has not committed a felony, but subjectively, he is a criminal. Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation.
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In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.
2.
E. STAGES OF EXECUTION Art. 6. Consummated, frustrated, and attempted felonies. Consummated felonies as well as those which are frustrated and attempted, are punishable. A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. A felony is CONSUMMATED when all the elements necessary for its execution and accomplishment are present. It is FRUSTRATED when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an ATTEMPT when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. i. DEVELOPMENT OF A CRIME 1. INTERNAL ACTS, such as mere ideas in the mind of a person, are not punishable even if, had they been carried out, they would constitute a crime.
EXTERNAL ACTS cover (a) preparatory acts; and (b) acts of execution. Preparatory acts - ordinarily they are not punishable, but preparatory acts which are considered in themselves, by law, as independent crimes are punishable. Acts of execution - punishable under the Revised Penal Code a. Subjective phase - portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts, including their natural course. b. Objective phase - the result of the acts of execution, that is, the accomplishment of the crime. If the subjective and objective phases are present, there is a consummated felony. The spontaneous desistance of the accused is exculpatory only (a) if made during the attempted stage, and (b) provided that the acts already committed do not constitute any offense. ii. CONSUMMATED FELONY A felony is consummated when all the elements necessary for its execution and accomplishment are present. All the elements of the felony for which the accused is prosecuted must be present in order to hold him liable therefor in its consummated stage. When a felony has two or more elements and one of them is not proved by the prosecution during the trial, either: The felony is not shown to have been consummated; or The felony is not shown to have been committed; or Another felony is shown to have been committed. iii. FRUSTRATED FELONY A felony is frustrated when the offender performs all the acts of execution which would produce the felony
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as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. ELEMENTS: 1. The offender performs all the acts of execution; Nothing more is left to be done by the offender, because he has performed the last act necessary to produce the crime. 2. All the acts performed would produce the felony as a consequence; All the acts of execution performed by the offender could have produced the felony as a consequence. The belief of the accused need not be considered. What should be considered is whether all the acts of execution performed by the offender would produce the felony as a consequence. 3. But the felony is not produced; The acts performed by the offender do not produce the felony, because if the felony is produced it would be consummated. 4. By reason of causes independent of the will of the perpetrator. There are crimes which do not admit of a frustrated stage. By the definition of a frustrated felony, the offender cannot possibly perform all the acts of execution to bring the desired result without consummating the offense. CRIMES WHICH DO NOT HAVE A FRUSTRATED STAGE (a) Rape, because the gravamen of the offense is carnal knowledge, so no matter how slight the penetration, the felony is consummated. (b) Indirect bribery, because the offense is committed by accepting gifts offered to the public officer by reason of his office. (c) Corruption of public officers, since the crime requires the concurrence of the will of both parties. (d) Adultery, because the essence of the crime is sexual congress. (e) Physical injury since its determination whether slight, less serious, or serious can only be made once it is consummated.
(f)
Theft, since unlawful taking immediately consummates the offense and the disposition of the thing is not an element. iv. ATTEMPTED FELONY There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. ELEMENTS: 1. The offender commences the commission of the felony directly by overt acts; REQUISITES: o There be external acts; o Such external acts have direct connection with the crime intended to be committed. 2. He does not perform all the acts of execution which should produce the felony; If the offender has performed all the acts of execution nothing more is left to be done the stage of execution is that of a frustrated felony, if the felony is not produced; or consummated, if the felony is produced 3. The offenders act is not stopped by his own spontaneous desistance; Rationale: It is a sort of reward granted by law to those who, having one foot on the verge of crime, heed the call of their conscience and return to the path of righteousness. 4. The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance. OVERT ACTS An OVERT ACT is some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.
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There are felonies where, because of their nature or the manner of committing them, the overt acts are not performed with bodily movement or by physical activity.
INDETERMINATE OFFENSE One where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is ambiguous. The intention of the accused must be ascertained from the facts and, therefore, it is necessary that the mind be able to directly infer from them the intention of the perpetrator to cause a particular injury. Acts susceptible of double interpretation must not and cannot furnish grounds by themselves for attempted crime. People v. Lamahang, [61 Phil. 707] DESISTANCE It is an absolutory cause which negates criminal liability because the law encourages a person to desist from committing a crime. The desistance should be made before all the acts of execution are performed. The desistance which exempts from criminal liability has reference to the crime intended to be committed, and has no reference to the crime actually committed by the offender before his desistance. LEGAL DESISTANCE FACTUAL DESISTANCE DEFINITION Desistance referred to in Actual desistance of the law which would obviate actor; the actor is still criminal liability unless the liable for the attempt. over or preparatory act already committed in themselves constitute a felony other than what the actor intended. TIME OR PERIOD EMPLOYED Desistance made during Desistance made after the the attempted stage. attempted stage of the crime v. FACTORS DETERMINING THE STAGE OF EXECUTION 1. Nature of the offense 2. Elements constituting the felony 3. Manner of committing the same
vi. MANNER OF COMMITTING THE CRIME 1. Formal crimes: consummated is one instant, no attempt As a rule, there can be no attempt at a formal crime, because between the thought and the deed there is no chain of acts that can be severed in any link. 2. Crimes consummated by mere attempt or proposal or by overt act E.g. flight to enemys country (Art. 121), Corruption of minors (Art. 340) 3. Felony by omission There can be no attempted stage when the felony is by omission, because in this kind of felony the offender does not execute acts. He omits to perform an act which the law requires him to do. 4. Crimes requiring the intervention of two persons to commit them are consummated by mere agreement In the crime of corruption of public officer, the same are consummated by mere agreement. The offer made by one of the parties to the other constitutes attempted felony, if the offer is rejected. 5. Material crimes: there are three stages of execution vii. FRUSTRATED VS. ATTEMPTED VS. IMPOSSIBLE CRIME ATTEMPTED IMPOSSIBLE CRIME FRUSTRATED Evil intent of the offender is not accomplished Evil intent of the offender Evil intent of the is possible of offender cannot be accomplishment accomplished What prevented its Inherently impossible of accomplishment is the accomplishment or intervention of certain means employed by the cause or accident in which offender is inadequate or the offender had no part ineffectual
F. LIGHT FELONIES Art. 7. When light felonies are punishable. Light felonies are punishable when they have been
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consummated, with the exception of those committed against persons or property. LIGHT FELONIES are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided. Light felonies are punishable only when they have been consummated. They produce such light, such insignificant moral and material injuries that public conscience is satisfied with providing a light penalty for their consummation. EXCEPTION: Light felonies committed against persons or property, are punishable even if attempted or frustrated. Rationale: The commission of felonies against persons or property presupposes in the offender moral depravity.
G. CONSPIRACY AND PROPOSAL. Art. 6. Conspiracy and proposal to commit felony. Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. Conspiracy and proposal to commit a crime are only preparatory acts, and the law regards them as innocent or at least permissible except in rare and exceptional cases. In crimes against the external and internal security of the State, if the culprit succeeds in his criminal enterprise, he would obtain the power and therefore impunity for the crime committed. CONSPIRACY Exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it
REQUISITES: 1. Two or more persons came to an agreement Agreement presupposes meeting of the minds of two or more persons. 2. The agreement pertains to the commission of a felony It must be an agreement to act, to effect, to bring about what has already been conceived and determined. 3. The execution of the felony was decided upon There must be participation with a criminal resolution because simple knowledge thereof by a person may only make him liable as an accomplice. GENERAL RULE: Conspiracy and proposal to commit felony are not punishable. EXCEPTION: They are punishable only in the cases in which the law specially provides a penalty therefor. EXAMPLES OF THE EXCEPTION: (a) Treason (b) Rebellion (c) Insurrection (d) Coup d etat (e) Sedition (f) Monopolies and combinations in restraint of trade (g) Espionage (h) Highway robbery (i) Illegal association (j) Selected acts committed under the Comprehensive Dangerous Drugs Act (k) Arson (l) Terrorism under the Human Security Act FELONY MANNER OF INCURRING CRIMINAL LIABILITY Conspirators should not If the conspirators commit actually commit treason, treason, they will be held rebellion, etc., it being liable for treason, and the sufficient that two or conspiracy which they had more persons agree and before committing decide to commit it treason is only a manner of incurring criminal liability, not treated as a separate offense Felony relates to a crime Conspiracy is not treated actually committed as a separate offense but used to determine the
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liability of the offenders The act of one is the act of all
3.
It is not the execution of the felony that is proposed
GENERAL RULE: When conspiracy is established, all who participated therein, irrespective of the quantity or quality of his participation is liable equally, whether conspiracy is pre-planned or instantaneous. EXCEPTION: Unless one or some of the conspirators committed some other crime which is not part of the intended crime. EXCEPTION TO THE EXCEPTION: When the act constitutes a single indivisible offense. DOCTRINE OF IMPLIED CONSPIRACY When the defendants by their acts aimed at the same object, one performing one part and the other performing another part so as to complete it, with a view to the attainment of the same object and their acts, though apparently independent, were in fact concerted and cooperative, indicating closeness of personal association, concerted action and concurrence of sentiments, the court will be justified in concluding that said defendants were engaged in a conspiracy. People v. Geronimo, [53 SCRA 246, 254] Spontaneous agreement Active cooperation by all offenders Contributing by positive acts to the realization of a common criminal intent Presence during the commission of the crime by a band and lending moral support thereto PROPOSAL TO COMMIT A FELONY When the person who has decided to commit a felony proposes its execution to some other person or persons. The law does not required that the proposal by accepted by the person to whom the proposal is made. REQUISITES: 1. A person has decided to commit a felony; and 2. He proposes its execution to some other person or persons. There is no criminal proposal when 1. The person who proposes is not determined to commit the felony 2. There is no decided, concrete and formal proposal
H. CLASSIFICATION OF FELONIES (according to gravity) Art. 9. Grave felonies, less grave felonies, and light felonies. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Article 25 of the Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article. Light felonies are those infraction of law for the commission of which the penalty if arresto menor or a fine not exceeding 200 pesos, or both, is provided. Importance of classification To determine whether these felonies can be complexed or not To determine the prescription of the crime and the prescription of the penalty GRAVE FELONIES Reclusion perpetua, reclusion temporal, perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, prision mayor LESS GAVE FELONIES Prision correccional, arresto mayor, suspesnsion, destierro I. OFFENSES NOT SUBJECT TO THE PROVISIONS OF THE REVISED PENAL CODE. Art. 10. Offenses not subject to the provisions of this Code. Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. GENERAL RULE: The provisions of the RPC are supplementary to special laws. EXCEPTIONS: 1. Where the special law provides otherwise
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2.
When the provisions of the RPC are impossible to apply, either by express provision or by necessary implication
Provisions of RPC applicable to Special Laws: Art. 16 Participation of Accomplices Art. 22 Retroactivity of Penal laws if favorable to the accused Art. 45 Confiscation of instruments used in the crime When the special law adopts the penalties imposed in the RPC, the provisions of the RPC on imposition of penalties based on stages of execution, degree of participation and attendance of mitigating and aggravating circumstance may be applied by necessary implication.
J. MULTIPLE OFFENDERS Four Forms of Repetition: 1. Recidivism (Art. 19, par. 9) 2. Reiteracion or habituality (Art. 14, par. 10) 3. Multi-recidivism or habitual delinquency (Art. 62, par. 5) 4. Quasi-recidivism (Art. 160) i. RECIDIVISM A 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 RPC. People v. Lagarto, [196 SCRA 611, 619] REQUISITES: 1. The offender is on trial for an offense; 2. He was previously convicted by final judgment of another crime; 3. Both the first and the second offenses are embraced in the same title of the Code; 4. The offender is convicted of the new offense. At the time of his trial for one crime What is controlling is the time of trial, not the time of the commission of the crime. It is not required at the time of the commission of the crime, the accused should have been previously convicted by final judgment of another crime.
It is meant to include everything that is done in the course of the trial, from arraignment until after sentence is announced by the judge in open court. It is sufficient that the succeeding offense be committed after the commission of the preceding offense provided that the time of his trial for the second offense, the accused had already been convicted of the first offense. Recidivism must be take into account no matter how many years have intervened between the first and second felonies. Pardon does not prevent a former conviction from being considered as an aggravating circumstance, but amnesty extinguishes the penalty and its effects. ii. HABITUALITY (REITERACION) REQUISITES: 1. The accused is on trial for an offense; 2. He previously served sentence for another offense to which the law attaches an equal or greater penalty, or for 2 or more crimes to which it attaches lighter penalty than that for the new offense; and When the penalty provided by law for the previous offense is equal to that for the new offense; or When the penalty provided by law for the previous offense is greater; or When the accused served at least 2 sentences, even if the penalties provided by law for the crimes are lighter. 3. He is convicted of the new offense. REITERACION RECIDIVISM It is necessary that the It is enough that a final offender shall have served judgment has been out his sentence for the rendered in the first first offense offense The previous and Requires that the offenses subsequent offenses must be included in the same not be embraced in the title of the Code same title of the Code Not always an aggravating Always taken into circumstance consideration in fixing the penalty to be imposed upon the accused
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iii. QUASI-RECIDIVISM Any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. iv. HABITUAL DELINQUENCY A person, within the period of 10 years from the date of his last release or last conviction of the crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of any of said crimes a third time or oftener. In habitual delinquency, the offender is either a recidivist or one who has been previously punished for two or more offenses. He shall suffer an additional penalty for being a habitual delinquent. REQUISITES: 1. The offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification; 2. After that conviction or after serving his sentence, he again committed, and, within 10 years from his release or first conviction, he was again convicted of any of the said crimes for the second time; 3. After his conviction of, or after service sentence for, the second offense, he again committed, and, within 10 years from his last release or last conviction, he was against convicted of any said offenses, the third time or oftener. HABITUAL DELINQUENCY RECIDIVISM As to crimes committed The crimes are specified It is sufficient that the accused on the date of his trial, shall have been previously convicted by final judgment of another crime embraced in the same title of the Code As to the period of time the crimes are committed The offender found guilty No period of time of any of the crimes between the former specified within 10 years conviction and the last from his last release or conviction is fixed by law last conviction As to the number of crimes committed The accused must be The second conviction for found guilty the third time an offense embraced in or oftener of any of the the same title of the Code crimes specified is sufficient
As to their effects If there is habitual If not offset by a delinquency, an additional mitigating circumstances, penalty is also imposed serves to increase the penalty only to the maximum RECIDIVISM VS. HABITUALITY VS. MULTI-RECIDIVISM VS. QUASI-RECIDIVISM RECIDVISM Generic Where a person, on Aggravating separate occasions is Circumstance convicted of 2 offenses embraced in the same title in the Revised Penal Code. REITERACION Generic Where the offender OR Aggravating has been previously HABITUALITY Circumstance punished for an offense to which the law attaches an equal or greater penalty or for two comes to which it attaches a lighter penalty. MULTI- Extraordinary Where a person RECIDIVISM Aggravating within a period of 10 OR HABITUAL Circumstance years from the date DELINQUENCY of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of the said crimes a third time or oftener. QUASI- Special Where a person RECIDIVISM Aggravating commits felony Circumstance before beginning to serve or while serving sentence on a previous conviction for a felony.
K. COMPLEX CRIMES VS. SPECIAL COMPLEX CRIMES PLURALITY OF CRIMES consists in the successive execution, by the same individual, of different criminal acts, upon any of which no conviction has yet been declared. Real or material plurality - Different crimes in law, as well as in the conscience of the offender; the
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offender shall be punished for each and every offense that he committed Formal or ideal plurality - Only one criminal liability o When the offender commits any of the complex crimes in Article 48. o When the law specifically fixes a single penalty for two or more offenses committed (Special Complex Crimes). o When the offender commits continuous crimes.
Art. 48. Penalty for complex crimes. When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. Article 48 requires the commission of at least 2 crimes. But the 2 or more grave or less grave felonies must be the result of a single act, or an offense must be a necessary means for committing the other. Although 2 or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as in the conscience of the offender. The offender has only one criminal intent. Hence, there is only one penalty imposed for the commission of a complex crime. Article 48 could have had no other purpose than to prescribe a penalty lower than the aggregate of the penalties for each offense, if imposed separately. When two or more crimes are the result of a single act, the offender is deemed less perverse than when he commits said crimes through separate and distinct acts. People v. Hernandez,[99 Phil. 515, 542-543] Article 48 applies only to cases where the Code does not provide a definite specific penalty for a complex crime. The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period. If different crimes resulting from one single act are punished with the same penalty, the penalty for any one of them shall be imposed, the same to be applied in the maximum period. When two felonies constituting a complex crimes are punishable
by imprisonment and fine, respectively, only the penalty of imprisonment should be imposed. When a complex crime is charged and one offense is not proven, the accused can be convicted of the other. KINDS OF COMPLEX CRIMES: 1. COMPOUND CRIME: When a single act constitutes 2 or more grave or less grave felonies. REQUISITES: Only a single act is performed by the offender; The single act produces: o Two or more grave felonies; or o One or more grave and one or more less grave felonies; or o Two or more less grave felonies. Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the gave felony. 2. COMPLEX CRIME PROPER: When an offense is a necessary means for committing the other. REQUISITES: 1. At least two offenses are committed; 2. One or some of the offenses must be necessary to commit the other; a. Necessary means is not equivalent to indispensable means. 3. Both or all of the offenses must be punished under the same statute. When in the definition of a felony one offense is a means to commit the other, there is no complex crime. When one of the offenses was committed for the purpose of concealing the commission of the other, there is no complex crime. When there is no complex crime: (a) In case of continuous crimes (b) When one offense is committed to conceal the other (c) When the other crime is an indispensable part or an element of the other offenses (d) Where one of the offenses is penalized by a special law (e) When the provision provides for a two-tiered penalty, e.g. Usurpation of property (Art. 312),
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malicious procurement of a search warrant (Art. 129), bribery (Art. 210, par. 1), maltreatment of prisoners (Art. 235) Instances where Article 48 is not applicable: (a) When the crimes subject of the case have common elements; (b) When the crimes involved are subject to the rule of absorption of one crime by the other; (c) Where the two offenses resulting from a single act are specifically punished as a single crime, such as less serious physical injuries with serious slander of deed, since this is punished under Art. 264, par. 2, as the single crime of less serious physical injuries with ignominy; (d) In special complex crimes or composite crimes. SPECIAL COMPLEX CRIMES are those which are treated as single indivisible offenses although comprising more than one specific crime and with specific penalty. EXAMPLES: (a) Rape with homicide Homicide must always be consummated, otherwise, they are separate offenses. The rape may either be consummated or attempted. (b) Kidnapping with homicide (c) Kidnapping with rape Different from abduction with rape, wherein there is lewd design (d) Robbery with homicide Additional homicide not aggravating (e) Robbery with rape Additional rape not aggravating (f) Robbery with arson (g) Arson with homicide Crimes involved cannot be legally complexed: (a) Malicious obtention or abusive service of search warrant (Art. 129) with perjury; (b) Bribery (Art. 210) with infidelity in the custody or prisoners; (c) Maltreatment of prisoners (Art. 235) with serious physical injuries; (d) Usurpation of real rights (Art. 312) with serious physical injuries; and (e) Abandonment of persons in danger (Art. 275) and crimes against minors (Art. 276-278) with another felon
ORDINARY COMPLEX SPECIAL COMPLEX CRIME CRIME OR COMPOSITE CRIME As to Their Concept It is made up of two or It is made up of two or more crimes being more crimes which are punished in distinct considered only as provisions of the Revised components of a single Penal Code but alleged in indivisible offense being one information either punished in one provision because they were of the Revised Penal Code. brought about by a single felonies act or because one offense is a necessary means for committing the other offense or offenses. As to Penalty Penalty for the most It is the penalty serious crime shall be specifically provided for imposed and in its the special complex crime maximum period. that shall be applied according to the rules on imposition of the penalty. A CONTINUOUS (CONTINUED OR CONTINUING) CRIME is a single crime, consisting of a serious of acts but all arising from one criminal resolution. Although there is a serious of acts, there is only one crime committed. REQUISITES: 1. Multiplicity of acts; 2. Unity of criminal purpose or intent; and 3. Unity of criminal offense violated. A continued crime is not a complex crime, because the offender in continued or continuous crime does not perform a single act, but a serious of acts, and one offense is not a necessary means for committing the other. REAL OR MATERIAL CONTINUED CRIME PLURALITY There is a series of acts There is a serious of acts performed by the performed by the offender offender Each act performed by The different acts the offender constitutes a constitute only one crime separate crime, because because all of the acts each act is generated by a performed arise from one criminal impulse criminal resolution
END OF DISCUSSION ON TOPIC 2. FELONIES
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3. CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
e. Alternative Circumstances f. Absolutory Cause

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TOPIC UNDER THE SYLLABUS: 3. Circumstances which Affect Criminal Liability a. Justifying Circumstances i. Anti-Violence Against Women and Their Children Act of 2004 (a) Battered woman syndrome b. Exempting Circumstances i. Juvenile Justice and Welfare Act of 2006; Child and Youth Welfare Code (e) Definition of child in conflict with the law (f) Minimum age of criminal responsibility (g) Determination of age (h) Exemption from criminal liability c. Mitigating Circumstances d. Aggravating Circumstances i. Generic ii. Qualifying (c) Decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition of Explosives as an aggravating circumstance (d) The Comprehensive Dangerous Drugs Act of 2002 i. As a qualifying aggravating circumstance ii. Immunity from prosecution and punishment, coverage iii. Minor offenders iv. Application/Non- application of RPC provisions
3. CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY. A. DEFINITIONS IMPUTABILITY is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has been freely and consciously done and may, therefore, be put down to the doer as hi very own. RESPONSIBILITY is the obligation of suffering the consequences of crimes. It is the obligation of taking the penal and civil consequences of the crime. GUILT is an element of responsibility, for a man cannot be made to answer for the consequences of a crime unless he is guilty. B. JUSTIFYING CIRCUMSTANCES I. GENERAL CONCEPTS JUSTIFYING CIRCUMSTANCES are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. There is no civil liability, except in par. 4 of Article 11. Basis: The law recognizes the non-existence of a crime by expressly stating. It is incumbent upon the accused to prove the justifying circumstances claimed by him to the satisfaction of the court. II. PAR. 1: SELF-DEFENSE Rights included in Self-Defense: Self-defense includes not only the defense of the person or body of the one assaulted but also that of his rights, those rights the enjoyment of which is protected by law. Aside from the right to life on which rests the legitimate defense of our person, we have the right to property acquired by us, and the right to honor which is not the least prized of mans patrimony. [1 Viada, 172, 173, 5th edition]
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1. Defense of person 2. Defense of rights protected by law 3. Defense of property 4. Defense of chastity Reasons why penal law makes self-defense lawful It is based on that impulse of self-preservation born to man and part of his nature as a human being. Classicist: grounded on the impossibility on the part of the State to avoid a present unjust aggression and protect a person unlawfully attacked Positivists: an exercise of a right, an act of social justice done to repel the attack of an aggression ELEMENTS: 1. Unlawful Aggression Indispensable requirement Actual physical assault or aggression or an immediate and imminent threat is required. The defense must have been made during the existence of aggression, otherwise, it is no longer justifying. 2. Reasonable necessity of the means employed to prevent or repel it Test of reasonableness: (1) Nature and quality of the weapon used by aggressor (2) Physical condition, character, size and other circumstances of aggressor (3) Physical condition, character, size and circumstances of person defending himself (4) Place and occasion of assault 3. Lack of sufficient provocation on the part of the person defending himself NOTE: Perfect equality between the weapons used or material commensurability between the means of attack and defense by the one defending himself and that of the aggressor is not required. It is because the victim does not have sufficient opportunity to think and calculate. UNLAWFUL AGGRESSION Kinds of Aggression o Lawful: fulfillment of a duty or the exercise of a right o Unlawful
It is equivalent to assault or at least threatened assault of an immediate and imminent. There must be an actual physical assault upon a person, or at least a threat to inflict real injury. The threat must be offensive and positively strong, showing the wrongful intent to cause an injury. Peril to ones Life o Actual: the danger must be present, that is, actually in existence o Imminent: the danger is on the point of happening. It is not required that the attack already begins, for it may be too late. Peril to ones Limb o Includes peril to the safety of ones person from physical injuries
RETALIATION SELF-DEFENSE The aggression that was The aggression was still begun by the injured existing when the party already ceased to aggressor was injured or exist when the accused disabled by the person attacked him. making a defense. NOTES ON UNLAWFUL AGGRESSION The attack made by the deceased and the killing of the deceased by defendant should succeed each other without appreciable interval of time. It must come from the person attacked by the accused. There is no unlawful aggression when there was an agreement to fight. Mere belief of an impending attack is not sufficient How to Determine the Unlawful Aggressor: In the absence of direct evidence to determine who provoked the conflict, it has been held that it shall be presumed that, in the nature of the order of things, the person who was deeply offended by the insult was the one who believed he had a right to demand explanation of the perpetrator of that insult, and the one who struck the first blow when he was not satisfied with the explanation offered. United States v. Laurel, [22 Phil. 252] KINDS OF SELF-DEFENSE: 1. Self-defense of chastity There must be an attempt to rape the victim 2. Defense of property Must be coupled with an attack on the person of the owner, or on one entrusted with such property. Attack on property alone was deemed sufficient to comply with element of
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3.
unlawful aggression. (People v. Narvaez) Self-defense in libel Justified when the libel is aimed at a persons good name.
Stand ground when in the right - The law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon. Reasonable necessity of the means employed to prevent or repel it The reasonableness of either or both such necessity depends on the existence of unlawful aggression and upon the nature and extent of the aggression. Necessity of the course of action taken: the necessity of the course of action taken depends on the existence of unlawful aggression Necessity of the means used: the means employed by the person making a defense must be rationally necessary to prevent or repel an unlawful aggression In repelling or preventing an unlawful aggression, the one defending must aim at his assailant, and not indiscriminately fire his deadly weapon. The peace officer, in the performance of his duty, represents the law which he must uphold. While the law on self-defense allows a private individual to prevent or repel an aggression, the duty of a peace officer requires him to overcome his opponent. A police officer is not required to afford a person attacking him, the opportunity for a fair and equal struggle. Factors to be Considered: (a) Presence of imminent danger (b) Emergency to which the person defending himself has been exposed to (c) Nature and quality of the weapon used by the accused compared to the weapon of the aggressor (d) Size or physical character of the aggressor compared to the accused and other circumstances that can be considered showing disparity between aggressor and accused NOTE: The first two requisites thus far explained are common to self-defense, defense of a relative, and defense of a stranger. Lack of sufficient provocation on the part of the person defending himself The one defending himself must not have given
cause for the aggression by his unjust conduct or by inciting or provoking the assailant. Cases in which third requisite considered present: o No provocation at all was given to the aggressor by the person defending himself o When, even if a provocation was given, it was not sufficient o When, even if the provocation was sufficient, it was not given by the person defending himself The exercise of a right cannot give rise to sufficient provocation. The provocation must be sufficient, which means that it should be proportionate to the act of aggression and adequate to stir the aggressor to its commission People v. Alconga, [78 Phil. 366]
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (R.A. 9262) Section 26 provides that victim-survivors who are found by the courts to be suffering from Battered Woman Syndrome do not incur any criminal or civil liability notwithstanding the absence of any of the elements for justifying circumstance of self- defense under the RPC. BATTERED WOMAN SYNDROME refers to a scientifically defined pattern of psychologically and behavioral symptoms founds in women living in battering relationships as a result of cumulative abuse CYCLE OF VIOLENCE: People v. Genosa, [G.R. No. 1395981, January 15, 2004] o Tension building phase o Acute battering incident o Tranquil, loving phase (non-violent phase) Characteristics of the syndrome o The woman believes that the violence was her fault o She has an inability to place the responsibility for the violence elsewhere o She fears for her life and/or her childrens life o She has an irrational belief that the abuser is omnipresent and omniscient. BATTERY refers to any act of inflicting physical harm upon the woman or her child, resulting to a physical and psychological or emotional distress
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III. PAR. 2: DEFENSE OF RELATIVES ELEMENTS: 1. Unlawful aggression (indispensable requirement) Unlawful aggression need not exist as a matter or fact. It can be made to depend upon the honest belief of the one making a defense. United States v. Esmedia, [17 Phil. 260, 264] 2. Reasonable necessity of the means employed to prevent or repel it 3. In case the provocation was given by the person attacked, the one making the defense had no part in such provocation The clause, in case the provocation was given by the person attacked, used in stating the third requisite does not mean that the relative defended should give provocation to the aggressor. It merely states an event which may or may not take place. There is still a legitimate defense of relative even if the relative being defended has given provocation, provided that the one defending such relative has no part in the provocation. Relative entitled to the Defense: 1. Spouse 2. Ascendants 3. Descendants 4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees 5. Relatives by consanguinity within the 4th civil degree NOTE: The relative defended may be the original aggressor. To justify the act of the relative defending, he must not take part in such provocation. Basis: Humanitarian sentiment and upon the impulse of blood which impels men to rush, on the occasion of great perils, to the rescue of those close to them by ties of blood. IV. PAR. 3: DEFENSE OF STRANGER ELEMENTS: 1. Unlawful aggression (indispensable requirement) 2. Reasonable necessity of the means employed to prevent or repel it
3.
Person defending be not induced by revenge, resentment or other evil motive The defense of a stranger must be actuated by disinterested or generous motive.
A STRANGER is any person not included in the enumeration of relatives mentioned in paragraph 2. Basis: What one may do in his defense, another may do for him. V. PAR. 4: AVOIDANCE OF GREATER EVIL OR INJURY (STATE OF NECESSITY) ELEMENTS: 1. Evil sought to be avoided actually exists. 2. Injury feared be greater than that done to avoid it 3. No other practical and less harmful means of preventing it In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has been prevented, shall be civilly liable in proportion to the benefit which they may have received (Art. 101) The necessity must not be due to the negligence or violation of any law by the actor. VI. PAR. 5: FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE ELEMENTS: 1. Accused acted in the performance of duty or in the lawful exercise of a right or office 2. Injury caused or offense committed is the necessary consequence of the due performance of the duty, or the lawful exercise of such right or office NOTES: The accused must prove that he was duly appointed to the position claimed he was discharging at the time of the commission of the offense. The deceased was under the obligation to surrender, and had no right, after evading service of his sentence, to commit assault and disobedience with a weapon in his hand, which compelled the policeman to resort to such an extreme means, which, although it proved to be fatal, was justified by the circumstances. People v.
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Delima, [46 Phil. 738] It is not necessary that there by unlawful aggression against the person charged with the protection of the property. If there is unlawful aggression against the person charged with the protection of the property, then paragraph 1 of Art. 11 applies, it being a defense of right to property. DOCTRINE OF SELF-HELP - The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.
circumstances commits a crime, although by the complete absence of any of the conditions which constitute free will or voluntariness of the act, no criminal liability arise. (Guevara) The complete absence of intelligence, freedom of action, or intent, or absence of negligence on the part of the accused. The burden of proof to prove the existence of an exempting circumstance lies within the defense.
VII. PAR. 6: OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE ELEMENTS: 1. An order has been issued 2. The order has a lawful purpose and not patently illegal 3. Means used by subordinate to carry out said order is lawful NOTE: The superior officer giving the order cannot invoke this justifying circumstance. Good faith is material, as the subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is not negligent. GENERAL RULE: Subordinate cannot invoke this circumstance when order is patently illegal. EXCEPTION: When there is compulsion of an irresistible force, or under impulse of uncontrollable fear.
WHO/WHAT IS AFFECTED NATURE OF ACT EXISTENCE OF A CRIME
JUSTIFYING Act Act is considered legal None
EXEMPTING Actor Act is wrongful but actor is not liable Yes, but since voluntariness is absent the actor is not liable There is a crime No criminal No criminal liability There is civil liability EXCEPT as to Art. 12(4) [injury by mere accident] and (7) [lawful cause]
LIABILITY
No crime No criminal No criminal liability No civil liability EXCEPT civil liability in Art. 11(4) [state of necessity]
C. EXEMPTING CIRCUMSTANCES ART. 12. Exempting Circumstances (IF INDIA) I. GENERAL CONCEPTS
EXEMPTING CIRCUMSTANCES are those grounds for exemption from punishment due to absence of any conditions in the agent of the crime which makes the act voluntary or negligent. Technically, one who acts by virtue of any exempting
II. PAR. 1: IMBECILITY OR INSANITY IMBECILITY exists when a person, while of advanced in age has a mental development comparable to that of children between 2 and 7 years old. An imbecile is one who deprived completely of reason or discernment and freedom of the will at the time of committing the crime. He is exempt in all cases from criminal liability. INSANITY exists when there is complete deprivation of intelligence or reason or without the least discernment or with total deprivation of free will. This does not include mere abnormality of the mental faculties. The insane is not so exempt if it can be shown that he acted during a lucid interval. It is necessary that there be a complete deprivation of intelligence while committing the act, that is, that the accused be deprived of reason; that he acts without the least discernment; or that there be a total deprivation of freedom of the will. People v. Formigones, [87 Phil.
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658, 661] The defense must prove that the accused was insane at the time of the commission of the crime, because the presumption is always in favor of sanity. People v. Bascos, [44 Phil. 204, 206] Basis: Complete absence of intelligence, an element of voluntariness TIME WHEN ACCUSED EFFECT ON CRIMINAL SUFFERS INSANITY LIABILITY At the time of the Exempt from criminal commission of the felony liability During trial Accused is criminal liability, but trial will be suspended until the mental capacity of the accused be restored to afford him a fair trial; and accused is committed to a hospital After judgment or while Execution of judgment is serving sentence suspended, the accused is committed to a hospital. The period of confinement in the hospital is counted for the purpose of the prescription of the penalty. The evidence of insanity must refer to the time preceding the act under the prosecution or to the very moment of its execution. Tests of Insanity: 1. Cognition: complete deprivation of intelligence in committing the crime 2. Volition: total deprivation of freedom of will Scope of the term Insanity: 1. Dementia praecox: irresistible homicidal impulse 2. Schizophrenia: chronic mental disorder characterized by inability to distinguish between fantasy and reality and often accompanied by hallucinations and delusions 3. Kleptomania 4. Epilepsy: chronic nervous disease characterized by fits, occurring at intervals, attended by conclusive motions of the muscles and loss of consciousness. 5. Feeblemindedness: not exempting
6. 7. 8.
Pedophilia: not insanity Amnesia: not proof of mental condition of the accused Other causes of lack of intelligence a. Committing a crime while in a dream People v. Taneo, [58 Phil. 255] b. Somnambulism or sleepwalking People v. Gimena,[55 Phil 604] c. Committing a crime while suffering from malignant malaria People v. Lacena, [69 Phil. 350]
III. PAR. 2 AND 3: MINORITY Basis: Complete absence of intelligence Under nine (9) years should be construed nine years or less; as may be inferred from the next subsequent paragraph which does not totally exempt a person over nine years of age if he acted with discernment (Art. 189, P.D. 603) JUVENILE JUSTICE AND WELFARE ACT OF 2006 AND CHILD AND YOUTH WELFARE CODE CHILD IN CONFLICT WITH THE LAW refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. Under the Juvenile Justice and Welfare Act of 2006, the following are exempt from criminal liability: (a) Child 15 years of age or under at the time of the commission of the offense. However, the child shall be subject to an intervention program as provided under Section 20 of the same law. (b) Child above 15 years old but below 18 years of age who acted without discernment. It is incumbent upon the prosecution to prove that a minor who is over 15 but under 18 years of age has acted with discernment. DETERMINATION OF AGE The child in conflict with the law shall enjoy the presumption of minority. The age of a child may be determined from: 1. Childs birth certificate 2. Baptismal certificate 3. Any other pertinent documents
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4. 5. 6. 7.
Based on information from the child himself/herself Testimonies of other persons Physical appearance of the child Other relevant evidence
Periods of Criminal Responsibility: 1. Absolute irresponsibility: 15 years and below (infancy) 2. Conditional responsibility: between 15 and 18 years Without discernment: not criminally liable With discernment: criminally liable 3. Full responsibility: 18 or over (adolescence) to 70 (maturity) 4. Mitigated responsibility: mitigated responsibility, no imposition of death penalty, execution of death sentence may be suspended and commuted DISCERNMENT is the mental capacity to understand the difference between right and wrong, and such capacity may be known and should be determined by taking into consideration all the facts and circumstances afforded by the records in each case, the very appearance, the very attitude, the very comportment and behavior of said minor, not only before and during the commission of the act, but also after and even during the trial. People v. Doquea, [68 Phil 580, 583] DISCERNMENT INTENT Relates to the moral Refers to the desired act significance that a person of the person ascribes to the said act Discernment may be shown by: (1) the manner the crime was committed; or (2) the conduct of the offender after its commission. If the child acted with discernment, the child shall undergo diversion programs without undergoing court proceedings subject to the following conditions: 1. Where the imposable penalty is not more than 6 years of imprisonment, the Punong Barangay or law enforcement officer shall conduct mediation, family conferencing and conciliation. 2. Where the imposable penalty exceeds 6 years imprisonment, diversion measures may be resorted to only by the court. The prosecutor shall conduct a preliminary
investigation and file an information upon determination of probable cause in the following instances: 1. When the child in conflict with the law does not qualify for diversion. 2. When the child, his/her parents or guardian does not agree to diversion. 3. Upon determination by the prosecutor that diversion is not appropriate for the child in conflict of the law. Once the child who is under 18 years of age, at the time of commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committees. However, instead of producing the judgment of conviction, the court shall place the child in conflict with law under suspended sentence, without need of application and impose the appropriate disposition measures as provided in the Supreme Court Rule on Juvenile in Conflict with the Law. If the judgment is an acquittal, the decision shall immediately take effect without suspension and the decision shall be promulgated and pronounced. If the judgment is conviction, the promulgation of the decision and the sentence shall be suspended by the court, the minor shall be ordered to undergo intervention. 1. If after the intervention, there is reform on the part of the minor, the minor shall be returned to the court to dismiss the criminal case and dismiss the charges against the minor 2. If after the intervention, there is no reform, the minor shall be returned to the court for the promulgation of the decision against the minor; and then the court shall either decide on the sentence or extend the intervention IV. PAR. 4: ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT ACCIDENT is an occurrence that happens outside the sway of our will, and although it comes about through some act of our will, it lies beyond the bounds of humanity foreseeable consequences.
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ELEMENTS: 1. A person is performing a lawful act; 2. With due care; 3. He causes an injury to another by mere accident; 4. Without fault or intention of causing it. Basis: Lack of negligence and intent. Under this circumstance, a person does not commit either an intentional felony or a culpable felony. ACCIDENT NEGLIGENCE An event which under the Failure to observe that circumstance is unusual degree of care, precaution or unexpected by the and vigilance which the person to whom it circumstances justly happens demand without which such other person suffers injury When claim of accident no appreciated: (a) Repeated blows (b) Threatening words preceding it and still aiming the fun at the prostate body of the victim V. PAR. 5: IRRESISTIBLE FORCE IRRESISTIBLE FORCE means that the offender uses violence or physical force to compel another person to commit a crime. ELEMENTS: 1. The compulsion is by means of physical force. 2. The physical force must be irresistible. 3. The physical force must come from a third person. Passion and obfuscation cannot amount to irresistible force. Basis: Complete absence of freedom The force must be so irresistible as to reduce the actor to a mere instrument who acts not only without will but against his will. The compulsion must be of such a character as to leave no opportunity to the accused for escape or self-defense in equal combat. People v. Loreno, 130 SCRA 311, 321-322, citing People v. Villanueva, [104 Phil. 450] VI. PAR. 6: UNCONTROLLABLE FEAR UNCONTROLLABLE FEAR means that the offender
employs intimidation or threat in compelling another to commit a crime. The compulsion is by means of intimidation or threat, not force or violence. ELEMENTS: 1. The threat which causes the fear is of an evil greater than, or at least equal to, that which he is required to commit. 2. It promises an evil of such gravity and imminence that an ordinary man would have succumbed to it. REQUISITES: 1. Existence of an uncontrollable fear; 2. The fear must be real and imminent; and 3. The fear of an injury is greater than or at least equal to that committed Basis: Complete absence of freedom, an element of voluntariness. An act done by me against my will is not my act. Duress to be a valid defense should be based on real, imminent or reasonable fear for ones life or limb. It should not be inspired by speculative, fanciful or remote fear. A threat of future injury is not enough. The accused must not have opportunity for escape or self-defense. IRRESISTIBLE FORCE UNCONTROLLABLE FEAR Violence or physical force The offender employs to compel another intimidation or threat in person to commit a crime compelling another to commit a crime VII. PAR. 7: PREVENTED BY AN INSUPERABLE CAUSE INSUPERABLE CAUSE is some motive, which has lawfully, morally or physically prevented a person to do what the law commands. ELEMENTS: 1. An act is required by law to be done. 2. A person fails to perform such act. 3. His failure to perform such act was due to some lawful or insuperable cause. Basis: Accused acts without intent, the third condition of voluntariness in intentional felony. Examples: 1. A priest cannot be compelled to reveal what was
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2.
confessed to him. An officer is not liable for arbitrary detention for failure to deliver a prisoner to a judicial authority when there was no available transportation.
D. MITIGATING CIRCUMSTANCES I. GENERAL CONCEPTS MITIGATING CIRCUMSTANCES are those which, if present in the commission of the crime, reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime. Basis: Diminution of either freedom of action, intelligence, or intent, or on the lesser perversity of the offender. A mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances arising from that same fact. ORDINARY PRIVILEGED Those enumerated in Par. 1 of Article 13, pars. 1-10 of Article 13 Articles 64, 68, 69 Pars. 1 and 2 are Article 64 applies only privileged mitigating when there are two or under Article 68 as more ordinary mitigating amended by R.A. No. circumstances without 9344 and Article 69 any generic aggravating circumstances Susceptible of being offset Cannot be offset by by any aggravating aggravating circumstances circumstances If not offset by an Produces the effect of aggravating imposing upon the circumstances, produces offender the penalty only the effect of applying lower by one or two the penalty provided by degrees than that law for the crime in its provided by law for the minimum period, in case crime of divisible penalty II. PAR. 1: INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCES Circumstances of Justification or Exemption which may give Place to Mitigation: (a) Self-defense (b) Defense of Relatives
(c) Defense of Strangers (d) State of Necessity (e) Performance of Duty (f) Obedience to Order of Superior (g) Minority over 9 and under 15 years of Age (h) Causing injury by mere Accident (i) Uncontrollable Fear EXCEPT: Article 12, pars. 1 and 2 cannot give place to mitigation, because the mental condition of a person is indivisible; there is no middle ground between sanity and insanity, between presence and absence of intelligence. (Decs. of Sup. Ct. of Spain of December 19, 1901 and of October 3, 1884) This mitigating circumstance applies when not all the requisites are present. If 2 requisites are present, it is a privileged mitigating circumstance. Notes: Incomplete self-defense, defense of relatives, and defense of stranger: unlawful aggression must be present o When 2 of the requisites mentioned are present, it should be considered as a privileged mitigating circumstance referred to in Art. 69. Incomplete justifying circumstance of avoidance of greater evil or injury: if any of the last 2 requisites is absent, there is only a mitigating circumstance Incomplete justifying circumstance of performance of duty: there is no ordinary mitigating circumstance under Art. 13, par. 1, when the justifying or exempting circumstance has 2 requisites only Incomplete exempting circumstances of accident o If the requisites of (1) due care, and (2) without fault are absent, the case will fall under Article 365. Incomplete exempting circumstance of uncontrollable fear: if only one of the requisites is present, there is only a mitigating circumstance III. PAR. 2: OVER 15 AND UNDER 18, IF THERE IS DISCERNMENT OR OVER 70 YEARS OLD Age of accused is determined by his age at the date of commission of crime, not date of trial. That the offender is over 70 years of age is only a generic mitigating circumstance.
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Basis: Diminution of intelligence, a condition of voluntariness IV. PAR. 3: NO INTENTION TO COMMIT SO GRAVE A GRAVE Rule for the application: This circumstance can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences. (United States v. Reyes, 36 Phil. 904, 907) Factors that can be considered are: (a) Weapon used (b) Injury inflicted (c) Part of the body injured (d) Mindset of offender at the time of commission of crime NOTES: Not applicable when the offender employed brute force Appreciated in murder qualified by circumstances based on manner of commission, not on the state of mind of the accused Not appreciated in murder qualified by treachery Not applicable to felonies by negligence Not applicable to felonies where intention is immaterial Applicable only to offenses resulting in physical injuries or material harm In crimes against persons who do not die as a result of the assault, the absence of the intent to kill reduces the felony to mere physical injuries, but it does not constitute a mitigating circumstance under Art. 13, par. 3 People v. Galacgac, [C.A., 5 O.G. 1207] Basis: Intent, an element of voluntariness in intentional felony, is diminished. V. PAR. 4: PROVOCATION OR THREAT PROVOCATION is any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone. REQUISITES: 1. Provocation must be sufficient.
Sufficient means adequate to excite a person to commit the wrong and must accordingly be proportionate to its gravity. Depends on: o The act constituting the provocation o Social standing of the person provoked o Place and the time when the provocation is made 2. It must originate from the offended party. 3. It must be immediate to the commission of the crime by the person who is provoked. INCOMPLETE SELF- MITIGATING DEFENSE CIRCUMSTANCES It pertains to its absence It pertains to its presence on the part of the person on the part of the defending himself. offended party. Threat should not be offensive and positively strong. Otherwise, it would be an unlawful aggression, which may give rise to self-defense and thus no longer a mitigating circumstance. Basis: Diminution of intelligence and intent. VI. PAR. 5: VINDICATION OF GRAVE OFFENSE REQUISITES: 1. A grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters or relatives by affinity within the same degree. 2. Felony is committed in immediate vindication of such grave offense. NOTES: Immediate allows for a lapse of time, as long as the offender is still suffering from the mental agony brought about by the offense to him. Grave offense includes any act that is offensive to the offender or his relatives and the same need not be unlawful. The grave offense must be the proximate cause or proximate to the act of the offender. Basis to determine the gravity of the offense in vindication: o Social standing of the person o Place o Time when the insult was made
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PROVOCATION Made directly only to the person committing the felony
VINDICATION The grave offense may be committed also against the offenders relatives mentioned by the law The cause that brought The offended party must about the provocation have done a grave offense need not be a grave to the offender or his offense relatives mentioned by the law It is necessary that the The vindication of the provocation or threat grave offense may be immediately preceded the proximate, which admits act; there is no interval of of an interval of time time between the between the grave provocation and the offense done by the commission of the crime offended party and the commission of the crime by the accused It is mere spite against the Concerns the honor of a one giving the person provocation or threat Basis: Diminution of the conditions of voluntariness. VII. PAR. 6: PASSION OR OBFUSCATION REQUISITES: 1. The accused acted upon an impulse. 2. The impulse must be so powerful that it naturally produced passion or obfuscation in him. Rule for the application of this paragraph: Passion or obfuscation may constitute a mitigating circumstance only when the same arose from lawful sentiment. WHEN MITIGATING NOT MITIGATING Accused acted upon Act is committed in a impulse spirit of lawlessness Act is committed in a spirit of revenge REQUISITES: 1. There be an act, both unlawful and sufficient to produce such a condition of mind; 2. Said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his normal equanimity
NOTES: Exercise of a right or fulfillment of duty is not proper source of passion or obfuscation. The act must be sufficient to produce such a condition of mind. The defense must prove that the act which produced the passion or obfuscation took place at a time not far removed from the commission of the crime. The crime committed must be the result of a sudden impulse of natural and uncontrollable fury. The cause producing passion or obfuscation must come from the offended party. It may lawfully arise from causes existing only in the hones belief of the offender. It is compatible with lack of intention to commit so grave a wrong. Incompatible with: o Vindication of grave offense o Treachery o Evident premeditation PASSION/OBFUSCATION PROVOCATION Produced by an impulse Comes from the injured which may be caused by party provocation The offense which Must immediately engenders perturbation precede the commission or mind need not be of the crime immediate; it is only required that the influence thereof lasts until the moment the crime is committed If obfuscation and provocation arose from one and the same act, both shall be treated as only one mitigating circumstance. PASSION/OBFUSCATION IRRESISTIBLE FORCE A mitigating circumstance An exempting circumstance Cannot give rise to an Requires physical force irresistible force Passion or obfuscation is Irresistible force must in the offender himself come from a third person Must arise from lawful Unlawful sentiments
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Basis: The offender who acts with passion or obfuscation suffers a diminution of his intelligence and intent. VIII: PAR. 7: SURRENDER AND CONFESSION OF GUILT TWO MITIGATING CIRCUMSTANCES: 1. Voluntary surrender to a person in authority or his agents. 2. Voluntary confession of guilt before the court prior to the presentation of evidence for the prosecution. NOTE: When both are present, they should have the effect of mitigating as two independent circumstances. People v. Fontabla, [61 Phil. 589, 590] REQUISITES OF VOLUNTARY SURRENDER: 1. The offender had not been actually arrested. 2. The offender surrender himself to a person in authority or to the latters agent. PERSON IN AUTHORITY is one directly vested with jurisdiction, i.e., a public officer who has the power to govern and execute the laws whether as an individual or as a member of some court or governmental corporation, board or commission. AGENT OF A PERSON IN AUTHORITY is a person, who, by direct provision of the law, or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property and any person who comes to the aid of persons in authority. 3. The surrender was voluntary. It must be spontaneous in such a manner that it shows the interest of the accused to surrender unconditionally to the authorities, either because he acknowledges his guilt or because he wishes to save them the trouble and expenses necessarily incurred in his search and capture. NOTES: Not mitigating when defendant was in fact arrested
When the warrant of arrest had not been served or not returned unserved because the accused cannot be located, the surrender is mitigating. The law does not require that the surrender be prior to the order of arrest. Surrender of weapons cannot be equated with voluntary surrender. Voluntary surrender does not simply mean non- flight. The surrender must be by reason of the commission of the crime for which defendant is prosecuted. Intention to surrender, without actually surrendering, is not mitigating. There is spontaneity even if the surrender is induced by fear of retaliation by the victims relatives. When the offender imposed a condition or acted with external stimulus, his surrender is not voluntary.
REQUISITES OF VOLUNTARY PLEA OF GUILTY: 1. The offender spontaneously confessed his guilt. 2. The confession of guilt was made in open court, that is, before the competent court that is to try the case. 3. The confession of guilt was made prior to the presentation of evidence for the prosecution. NOTES: Plea made after arraignment and after trial has begun does not entitle accused to the mitigating circumstance. If accused pleaded not guilty, even if during arraignment, he is entitled to mitigating circumstance as long as he withdraws his plea of not guilty to the charge before the fiscal could present his evidence. o The change of plea should be made at the first opportunity. o A conditional plea of guilty is not a mitigating circumstance. Plea to a lesser charge is not a mitigating circumstance because the plea of guilt was not to the offense charged. Plea to the offense charged in the amended information, lesser than that charged in the original information is a mitigating circumstance. Where the accused pleads guilty to a capital offense, that court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea
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and shall require the prosecution to prove his guilt and the precise degree of culpability. Plea of guilty is not mitigating in culpable felonies and in crimes punishable by special laws.
(f)
Basis: Lesser perversity of the offender. IX: PAR. 8: PHYSICAL DEFECT OF OFFENDER NOTES: Physical defect must restrict means of action, defense, or communication with fellow beings. The physical defect must relate to the offense committed. This paragraph does not distinguish between educated an uneducated deaf-mute or blind persons. Basis: One suffering from physical defect, which restricts ones means of action, defense, or communication with ones fellow beings, does not have complete freedom of action and, therefore, there is a diminution of that element of voluntariness. X: PAR. 9: ILLNESS OF THE OFFENDER REQUISITES: 1. The illness of the offender must diminish the exercise of his will-power. 2. Such illness should not deprive the offender of consciousness of his acts. Basis: Diminution of intelligence and intent. XI: PAR. 10: SIMILAR OR ANALOGOUS CIRCUMSTANCES Examples: (a) Outraged feeling of owner of animal taken for ransom analogous to vindication of a grave offense. (b) Impulse of jealous feeling, similar to passion and obfuscation. (c) Manifestations of Battered Wife Syndrome, analogous to an illness that diminishes the exercise of will power. (d) Esprit de corps, similar to passion and obfuscation. (e) Voluntary restitution of stolen property, similar to voluntary surrender.
Extreme poverty and necessity, similar to incomplete justification based on state of necessity. (g) Testifying for the prosecution, analogous to plea of guilty. NOTE: Mitigating circumstances which arise (1) from the moral attributes of the offender, or (2) from his private relations with the offended party, or (3) from any other personal cause, shall only serve to mitigate the liability of the principals, accomplices, and accessories as to whom such circumstances are attendant. (Art. 62, par. 3)) Circumstances which are Neither Exempting nor Mitigating: (a) Mistake in the blow or aberration ictus (b) Mistake in the identity (c) Entrapment (d) Accused is over 18 years of age (e) Performance of righteous action
E. AGGRAVATING CIRCUMSTANCES I. GENERAL CONCEPTS AGGRAVATING CIRCUMSTANCES are those which, if attendant in the commission of the crime, serve to increase the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime. Basis: The greater perversity of the offender manifested in the commission of the felony as shown by: 1. The motivating power itself, 2. The place of the commission, 3. The means and ways employed 4. The time, or 5. The personal circumstances of the offender, or the offended party. KINDS OF AGGRAVATING CIRCUMSTANCES: 1. Generic: Applies to all crimes Advantage taken of public position Contempt or insult of public authority Crime committed in the dwelling of the offended party Abuse of confidence or obvious ungratefulness Place where crime is committed
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2.
3.
4.
5.
Nighttime, uninhabited place, or band Recidivism Habituality Craft, fraud or disguise Unlawful entry Breaking of parts of the house Use of persons under 15 years of age Specific: Apply only to particular crimes Disregard of rank, age, or sex due the offended party in crimes against persons and honor Abuse of superior strength or means be employed to weaken the defense Treachery in crimes against persons Ignominy in crimes against chastity Cruelty in crimes against persons Use of unlicensed firearm in the murder or homicide committed: this is absorbed in rebellion, insurrection, sedition, and attempted coup dtat (R.A. No. 8294) Qualifying: Change the nature of the crime Alevosia (treachery) or evident premeditation qualifies the killing of a person to murder. Art. 248 enumerates the qualifying aggravating circumstances which qualify the killing of a person to murder. Inherent: Must of necessity accompany the commission of the crime Evident premeditation in robbery, theft, estafa, adultery and concubinage Abuse of public office in bribery Breaking of a wall or unlawful entry into a house in robbery with the use of force upon things Fraud in estafa Deceit in simple seduction Ignominy in rape Special: Those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances Quasi-recidivism Complex crimes Error in personae Taking advantage of public position and membership in an organized/syndicated crime group (Ar. 61, par. 1(a))
Use of unlicensed firearm in homicide or murder QUALIFYING Gives the crime its proper and exclusive name and places the author of the crime in such a situation as to deserve no other penalty than that specially prescribed by law for said crimes Same.
GENERIC When not set off by any mitigating circumstance, increases the penalty to the maximum period but without exceeding the limit prescribed by law
Must be alleged in the information. May be offset by a Cannot be offset by a mitigating circumstance. mitigating circumstance RULES ON AGGRAVATING CIRCUMSTANCES: 1. Aggravating circumstances shall NOT be appreciated if: a. They constitute a crime specially punishable by law, or b. It is included by the law in defining a crime with a penalty prescribed. Example: That the crime be committed by means of fire, explosion (Art. 14, par. 12) is in itself a crime of arson (Art. 321) or a crime involving destruction (Art. 324). 2. Same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof. (Art.62, par.2) 3. Aggravating circumstances which arise: 4. The circumstances which consist: a. From the moral attributes of the offender; b. From his private relations with the offended party; or c. From any personal cause Shall only serve to aggravate the liability of the principals, accomplices and accessories, to whom such circumstances are attendant. (Art. 62, par. 3) EXCEPTION: When there is proof of conspiracy in which case the act of one is deemed to be the act of all, regardless of lack of knowledge of the facts constituting the circumstance. (Art. 62, par. 4) 5. Aggravating circumstances, regardless of its kind, should be specifically alleged in the information AND proved as fully as the crime itself in order to
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6.
increase the penalty. (Sec. 9, Rule 110, 2000 Rules of Criminal Procedure) When there is more than one qualifying aggravating circumstance present, one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating.
II. PAR. 1: ADVANTAGE BE TAKEN BY THE OFFENDER OF HIS PUBLIC POSITION Basis: Greater perversity of the offender as shown by the personal circumstances of the offender and also by the means used to secure the commission of the crime. Notes: Applicable only when the offender is a public officer who takes advantage of his public position. The public officer must use the influence, prestige or ascendancy which his office gives him as the means by which he realizes his purpose. It is not aggravating when it is an integral element of, or inherent in the offense. It is not aggravating if accused could have perpetrated the crime without occupying police position. It is inherent in the case of accessories under Art. 19, par. 3, and the crimes committed by public officers. R.A. 7659 provides that crimes committed by a public officer will be given the penalty prescribed at its maximum, regardless of the nature and number of mitigating circumstances. III. PAR. 2: THE CRIME BE COMMITTED IN CONTEMPT OF OR WITH INSULT TO THE PUBLIC AUTHORITIES Basis: Greater perversity of the offender, as shown by his lack of respect for the public authorities. REQUISITES: 1. The public authority is engaged in the exercise of his functions. 2. Such public authority is not the person against whom the crime is committed. 3. The offender knows him to be a public authority. 4. His presence has not prevented the offender from committing the criminal act. A PUBLIC AUTHORITY is a public officer who is directly vested with jurisdiction and has the power to govern and execute the laws.
An AGENT OF A PERSON IS AUTHORITY is any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. NOTES: Teachers or professors of a public or recognized private school and lawyers are not public authority within the contemplation of this paragraph. Art. 14, par. 2 does not apply when the crime is committed in the presence of an agent only. If the crime is committed against a public authority while he is in the performance of his official duty, the offender commits direct assault without this aggravating circumstance. Knowledge that a public authority is present is essential. Lack of knowledge on the part of the offender that a public authority is present indicates lack of intention to insult the public authority. IV. PAR. 3: THE ACT BE COMMITTED: 1. With insult or in disregard of the respect due the offended party on the account of his rank, age, or sex, or 2. That is be committed in the dwelling of the offended party, if the latter has not given provocation. Basis: Greater perversity of the offender, as shown by the personal circumstances of the offended party and the place of the commission of the crime. RANK is the designation or title of distinction used to fix the relative position of the offended party in reference to others. There must be a difference in the social condition of the offender and the offended party. Proof of fact of disregard and deliberate intent to insult required. AGE may refer to old age or the tender age of the victim. The circumstance of lack of respect due to age applies in cases where the victim is of tender age as well as of old age. Deliberate intent to offend or insult required.
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Disregard of old age not aggravating in robbery with homicide
SEX refers to the female sex, not to the male sex. Disregard of sex is not aggravating in the absence of evidence that the accused deliberately intended to offend or insult the sex of the victim or showed manifest disrespect to her womanhood. Absorbed in treachery. NOTES The 4 circumstances can be considered single or together. If all the four circumstances are present, they have the weight of one aggravating circumstance only. Disregard of rank, age, or sex may be taken into account only in crimes against persons or honor. There must be evidence that in the commission of the crime, the accused deliberately intended to offend or insult the sex or age of the offended party. When not applicable: (a) Offender acted with passion and obfuscation (b) There exists a relationship between the offended party and the offender (c) The condition of being a woman is indispensable in the commission of the crime. DWELLING must be a building or structure exclusively used for rest and comfort; a combination of house and store is not included. It includes dependencies, the foot of the staircase and the enclosure under the house. Includes dependencies, the foot of the staircase and enclosure under the house. It requires that the crime be wholly or partly be committed therein or in any integral part thereof. Dwelling does not mean the permanent residence or domicile of the offended party or that he must be the owner thereof. He must be actually living therein even for a temporary duration or purpose such as a guest. It is not necessary that the accused should have actually entered the dwelling of the victim; it is enough that the victim was attacked inside his house, although the assailant may have devised means to perpetrate the assault from without.
Even if the killing took place outside the dwelling, it is aggravating provided that the commission of the crime was begun in the dwelling. The victim need not be the owner or occupant of the dwelling where he was shot. Dwelling is not included in the qualifying circumstance of treachery.
Bases for aggravating circumstance of dwelling: The abuse of confidence which the offended party reposed in the offender by opening the door to him; or The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner. NOTES Offended party must not give provocation. Meaning of provocation in the aggravating circumstance: o Given by the owner of the dwelling, o Sufficient, and o Immediate to the commission of the crime. o Note: If all these conditions are present, the fact that the crime is committed in the dwelling of the offended party is NOT an aggravating circumstance. o Rationale: When it is the offended party who has provoked the incident, he loses his right to the respect and consideration due him in his own house. There must be a close relation between provocation and commission of crime in the dwelling. Dwelling is not aggravating in the following cases: (a) When both the offender and the offended party are occupants of the same house. EXCEPTION: In case of adultery in the conjugal dwelling, the same is aggravating. However, if the paramour also dwells in the conjugal dwelling, the applicable aggravating circumstance is abuse of confidence. (b) When robbery is committed by the use of force upon things, dwelling is not aggravating because it is inherent. EXCEPTION: Dwelling is aggravating in robbery with violence against or intimidation of
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persons because this class of robbery can be committed without the necessity of trespassing of the offended partys house. (c) In the crime of trespass to dwelling, it is inherent or included by law in defining the crime. (d) When the owner of the dwelling gave sufficient and immediate provocation. (e) The victim is not a dweller of the house. V. PAR. 4: THE ACT BE COMMITTED WITH ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS Basis: Greater perversity of the offender, as shown by the means and ways employed. There are 2 aggravating circumstances present under par. 4 which must be independently appreciated if present in the same case. Abuse of confidence requires a special confidential relationship between the offender and the victim, while this is not required for there to be obvious ungratefulness REQUISITES OF ABUSE OF CONFIDENCE: 1. That the offended party had trusted the offender. 2. That the offender abused such trust by committing a crime against the offended party. 3. That the abuse of confidence facilitated the commission of the crime. NOTES: The confidence between the offender and the offended party must be immediate and personal. o Abuse of confidence is inherent in malversation, qualified theft, estafa by conversion or misappropriation, and qualified seduction. It is not a mere betrayal of trust, since the offended party must be the one who actually reposed his confidence in the offender. REQUISITES OF OBVIOUS UNGRATEFULNESS: 1. That the offended party had trusted the offender; 2. That the offender abused such trust by committing a crime against the offended party.
3.
That the act be committed with obvious ungratefulness.
NOTE: The ungratefulness contemplated by par. 4 must be such clear and manifest ingratitude on the part of the accused. VI. PAR. 5: THE CRIME BE COMMITTED: 1. In the palace of the Chief Executive, or 2. In his presence, or 3. Where public authorities are engaged in the discharge of their duties, or 4. In a place dedicated to religious worship. Basis: Greater perversity of the offender, as shown by the place of the commission of the crime, which must be respected. NOTES: Actual performance of duties is not necessary when crime is committed in the palace or in the presence of the Chief Executive. Requisites regarding Public Authorities: o Crime occurred in the public office. o Public authorities are actually performing their public duties. Requisites regarding Place Dedicated to Religious Worship: o The crime occurred in a place dedicated to the worship of God regardless of religion. o The offender must have decided to commit the crime when he entered the place of worship. The place must be dedicated to public religious worship; private chapels are not included. There must be intention to desecrate the place dedicated to public religious worship. The Chief Executive need not be in the Palace to aggravate the liability of the offender. As long as he was present, and his presence is known to the accused when he did the crime, there is an aggravating circumstance. Except for the third which requires that official functions are being performed at the time of the commission of the crime, the other places are aggravating per se even if no official duties or acts of religious worship are being conducted there.
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Cemeteries are not considered as place dedicated to worship. Offender must have intention to commit a crime when he entered the place.
PAR. 5: WHERE PUBLIC PAR. 2: CONTEMPT OR AUTHORITIES ARE INSULT TO PUBLIC ENGAGED IN THE AUTHORITIES DISCHARGE OF THEIR DUTIES Public authorities are in the performance of their duties. Place where public duty is performed In their office Outside of their office. Offended Party May or may not be the Public authority should public authority not be the offended party VII. PAR. 6: THE CRIME BE COMMITTED: 1. In the nighttime, or 2. In an uninhabited place, or 3. By a band, whenever such circumstance may facilitate the commission of the offense Basis: Time and place of the commission of the crime and means and ways employed. When these 3 elements are present in the same case and their elements can subsist independently, they shall be considered separately. It is not applicable when the mitigating circumstance of passion or obfuscation or sufficient provocation are present in the commission of the crime. When Nighttime, Uninhabited place or Band is aggravating: 1. When it facilitated the commission of the crime; or 2. When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity; or 3. When the offender took advantage thereof for the purpose of impunity NIGHTTIME (obscuridad) is that period of darkness beginning at the end of dusk and ending at dawn. Commission of the crime must begin and be accomplished in the nighttime. When the place of the crime is illuminated by light, nighttime is not aggravating.
Nighttime is not especially sought for when the notion to commit the crime was conceived of shortly before commission or when crime was committed at night upon a casual encounter. However, nighttime need not be specifically sought for when (1) it facilitated the commission of the offense, or (2) the offender took advantage of the same to commit the crime A bare statement that crime was committed at night is insufficient. The information must allege that nighttime was sought for or taken advantage of, or that it facilitated the crime
GENERAL RULE: Nighttime is absorbed in treachery. EXCEPTION: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case, they can be considered separately if such circumstances have different factual bases. UNINHABITED PLACE (despoblado) is one where there are no houses at all, or a place at a considerable distance from town, where the houses are scattered at a great distance from each other. Solitude must be sought to better attain the criminal purpose What should be considered is whether in the place of the commission of the offense, there was a reasonable possibility of the victim receiving some help. BAND (en cuadrilla) refers to a situation where there are more than 3 armed malefactors that shall have acted together in the commission of an offense. There must be 4 or more armed men. The armed persons contemplated must all be principals by direct participation who acted together in the execution of the acts constituting the crime; in this case, conspiracy is presumed. If one of the four-armed malefactors is a principal by inducement, they do not form a band because he had no direct participation. By a band is aggravating in crimes against property or against persons or in the crime of illegal detention or treason but does not apply to crimes against chastity. This is inherent in brigandage. This is absorbed in the circumstance of abuse of superior strength and use of firearms
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EXCEPT when the firearm has no license or there is a lack of license to carry the firearm. When the armed med met up casually with others, and a crime was thereafter committed, it cannot be considered as an aggravating circumstance.
VIII. PAR. 7: THE CRIME BE COMMITTED ON THE OCCASION OF A CONFLAGRATION, SHIPWRECK, EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR MISFORTUNE Basis: Time of the commission of the crime. Reason for the aggravation: Debased form of criminality met in one who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their suffering by taking advantage of their misfortune to despoil them. REQUISITES: 1. The crime was committed when there was a calamity or misfortune. 2. The offender took advantage of the state of confusion or chaotic condition from such misfortune. NOTES: This will not apply if the offender was provoked by the offended party during the calamity/misfortune. The offender must take advantage of the calamity or misfortune. IX. PAR. 8: THE CRIME BE COMMITTED WITH THE AID OF: 1. Armed men, or 2. Persons who insure or afford impunity Basis: Means and ways of committing the crime. REQUISITES: 1. That armed men or persons took part in the commission of the crime, directly or indirectly. 2. That the accused availed himself of their aid or relied upon them when the crime was committed. Rule for the application of the circumstance: The casual presence of armed men near the place where
the crime was committed does not constitute an aggravating circumstance when it appears that the accused did not avail himself of their aid or rely upon them to commit the crime. NOTES: This aggravating circumstance requires that the armed men are accomplices who take part in a minor capacity directly or indirectly, and not when they were merely present at the crime scene. Neither should they constitute a band, for then the proper aggravating circumstance would be cuadrilla. If there are four armed men, aid of armed men is absorbed in employment of a band. If there are three armed men or less, aid of armed men may be the aggravating circumstance. It shall not be considered when both the attacking party and the party attacked were equally armed. It is not present when the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose. Aid of armed men is absorbed by employment of a band. If there are 4 armed men, aid of armed men is absorbed in employment of a band. If there are 3 armed men or less, aid f armed men may be the aggravating circumstance. Mere moral or psychological aid or reliance is sufficient to constitute this aggravating circumstance. PAR. 6: BY A BAND PAR. 8: WITH THE AID OF ARMED MEN As to Number Requires more than three At least two armed malefactors As to Action More than three armed This circumstance is malefactors shall have present even if one of the acted together in the offenders merely relied commission of an offense. on their aid, for actual aid is not necessary. As to Ability Band members are all Armed men are mere principals accomplices
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X. PAR. 9: THE ACCUSED IS A RECIDIVIST Basis: Greater perversity of the offender, as shown by his inclination to crimes. A 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 RPC. A recidivist is entitled to the benefits of the indeterminate Sentence Law but is disqualified from availing credit of his preventive imprisonment. REQUISITES: 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. At the time of his trial for one crime It is employed in its general sense, including the rendering of the judgment. It is meant to include everything that is done in the course of the trial, from arraignment until after sentence is announced by the judge in open court. It is sufficient that the succeeding offense be committed after the commission of the preceding offense provided that at the time of his trial for the second offense, the accused had already been convicted of the first offense. Amnesty extinguishes the penalty and its effects. Pardon does not obliterate the fact that the accused was a recidivist. Thus, even if the accused was granted a pardon for the first offense but he commits another felony embraced in the same title of the Code, the first conviction is still counted to make him a recidivist Being an ordinary aggravating circumstance, recidivism affects only the periods of a penalty, EXCEPT in prostitution and vagrancy (Art. 202) and gambling (PD 1602) wherein recidivism increases the penalties by degrees. No other generic aggravating circumstance produces this effect. If both offenses were committed on the same date, they shall be considered as only one, hence, they cannot be separately counted in order to constitute recidivism. Judgments of conviction
handed down on the same day shall be considered as only one conviction. o Rationale: Because RPC requires that to be considered as separate convictions, at the time of his trial for one crime the accused shall have been previously convicted by final judgment of the other. To prove recidivism, it is necessary to allege the same in the information and to attach thereto a certified copy of the sentence rendered against the accused. Recidivism must be taken into account no matter how many years have intervened between the first and second felonies.
XI. PAR. 10: THE OFFENDER HAS BEEN PREVIOUSLY PUNISHED: 1. For an offense to which the law attaches an equal or greater penalty or 2. For two or more crimes to which it attaches a lighter penalty Basis: Greater perversity of the offender as shown by his inclination to crimes. Requisites of Reiteracion or Habituality: 1. That the accused is on trial for an offense; 2. That he previously served sentence for another offense to which the law attaches an (a) Equal or (b) Greater penalty, or (c) For two or more crimes to which it attaches a lighter penalty than that for the new offense; and 3. That he is convicted of the new offense NOTES: Since reiteracion provides that the accused has duly served the sentence of his previous conviction/s, or is legally considered to have done so, quasi-recidivism cannot at the same time constitute reiteracion, hence this aggravating circumstance cannot apply to a quasi-recidivist. If the same set of facts constitutes recidivism and reiteracion, the liability of the accused should be aggravated by recidivism which can easily be proven. The court must exercise its discretion in applying this aggravating circumstance in favor of the accused.
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XII. PAR. 11: THE CRIME BE COMMITTED IN CONSIDERATION OF A PRICE, REWARD OR PROMISE Basis: Greater perversity of the offender, as shown by the motivating power itself. REQUISITES: 1. There are at least two principals: (a) The principal by inducement (one who offers) (b) The principal by direct participation (accepts) 2. The price, reward, or promise should be previous to and in consideration of the commission of the criminal act. NOTES: The circumstance is applicable to both principals. It affects the person who received the price / reward as well as the person who gave it. If without previous promise, it was given voluntarily after the crime had been committed as an expression of his appreciation for the sympathy and aid shown by the other accused, it should not be taken into consideration for the purpose of increasing the penalty. The price, reward or promise need not consist of material things nor that the same were actually delivered, it being sufficient that the offer made by the principal by inducement be accepted by the principal by direct participation before the commission of the offense. The inducement must be the primary consideration for the commission of the crime. It is sufficient that the offer made by the principal by inducement be accepted by the principal by direct participation before the commission of the offense. XIII. PAR. 12: THE CRIME BE COMMITTED BY MEANS OF: 1. Inundation 2. Fire 3. Poison 4. Explosion 5. Stranding of a vessel or intentional damage thereto 6. Derailment of a locomotive 7. By the use of any other artifice involving great waste and ruin
Basis: Means and ways employed. NOTES: The circumstances under this paragraph will only be considered as aggravating when they are used by the offender as a means to accomplish a criminal purpose. When another aggravating circumstance already qualifies the crime, any of these aggravating circumstances shall be considered as generic aggravating circumstance only. INUNDATION refers to use of water or causing the water to flood in the commission of the offense. When there is no actual design to kill a person in burning a house, it is plain arson even if a person is killed. Had there been an intent to kill, the crime committed is murder, qualified by the circumstance that the crime was committed by means of fire. Fire, explosion, and derailment of locomotive may be part of the definition of a particular crime such as arson, crime involving destruction, and damages and obstruction to means of communication; in these cases, they do not serve to increase the penalty. PAR. 12: BY MEANS OF PAR. 7: ON THE INUNDATION, FIRE, ETC. OCCASION OF A CONFLAGRATION, SHIPWRECK, ETC. The crime is committed by The crime is committed means of any such acts on the occasion of a involving great waste or calamity or misfortune. ruin. RULES AS TO THE USE OF FIRE: ACT OF THE ACCUSED CRIME COMMITTED Intent was only to burn Simple arson with a but somebody dies specific penalty (Art. 326) If fire was used as a Murder means to kill If fire was used to conceal Separate crimes of arson the killing and murder/homicide XIV. PAR. 13: THE ACT BE COMMITTED WITH EVIDENT PREMEDITATION Basis: It has reference to the ways of committing the crime, because evident premeditation implies a deliberate planning of the act before executing it.
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REQUISITES: The prosecution must prove 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 The premeditation must be based upon eternal acts and not presumed from mere lapse of time. 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. The offender must have an opportunity to coolly and serenely think and deliberate on the meaning and the consequences of what he planned to do, an interval long enough for his conscience and better judgment to overcome his evil desire and scheme. Essence of Premeditation: The execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment. People v. Durante, [53 Phil. 363, 369] NOTES: There must be evidence showing that the accused meditated and reflected on his intention between the time when the crime was conceived by him and the time it was actually perpetrated. Premeditation is absorbed by reward or promise only insofar as the inducer is concerned, but not the person induced since one can be a principal by direct participation without the benefit of due reflection. When the victim is different from that intended, premeditation is not aggravating. However, if the offender premeditated on the killing of any person, it is proper to consider against the offender the aggravating circumstance of premeditation, because whoever is killed by him is contemplated in his premeditation. Evident premeditation, while inherent in robbery, may be aggravating in robbery with homicide if the premeditation included the killing of the victim. It is compatible with the mitigating circumstance of immediate vindication of a relative for a grave offense.
GENRAL RULE: Where conspiracy is directly established, with proof of the attendant deliberation and selection of the method, time and means of executing the crime, the existence of evident premedication cannot be taken for granted. EXCEPTION: When conspiracy is only implied, evident premeditation may not be appreciated, in the absence of proof as to how and when the plan to kill the victim was hatched or what time had elapsed before it was carried out. GENERAL RULE: It is not applicable in error in personae. EXCEPTION: There was a general plan to kill anyone to commit the crime premeditated. XV. PAR. 14: CRAFT, FRAUD, OR DISGUISE BE EMPLOYED Basis: Means employed in the commission of the crime. Application of Par. 14: Craft (astucia): Involves intellectual trickery or cunning on the part of the accused; A chicanery resorted to by the accused to aid in the execution of his criminal design. It is employed as a scheme in the execution of the crime. EXCEPTIONS 1. Where the unlawful scheme could have been carried out just the same even without the pretense People v. Aspili, [191 SCRA 530, 543] 2. Craft partakes of an element of the offense. Fraud (fraude): insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design. FRAUD CRAFT Where there is a direct The act of the accused inducement by insidious done in order not to words or machinations, arouse the suspicion of fraud is present. the victim constitutes craft. DISGUISE (disfraz): Resorting to any device to conceal identity
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The fact that the mask subsequently fell down thus paving the way for this ones identification does not render the aggravating circumstance of disguise inapplicable People v. Cabato, [160 SCRA 98, 110] Disfraz contemplates a superficial but somewhat effective dissembling to avoid identification. The purpose of the offender in using any device must be to conceal his identity. The test of disguise is whether the device or contrivance resorted to by the offender was intended to or did make identification more difficult, such as the use of a mask or false hair or beard.
NOTES: Craft and fraud may be absorbed in treachery if they have been deliberately adopted as the means, methods or forms for the treacherous strategy, or they may co-exist independently where they are adopted for a different purpose in the commission of the crime. Where the accused pretended to hire the driver in order to get his vehicle, it was held that there was craft directed to the theft of the vehicle, separate from the means subsequently used to treacherously kill the defenseless driver. (People vs. San Pedro) XVI. PAR. 15: THAT: 1. Advantage be taken of superior strength, or 2. Means be employed to weaken the defense Basis: Means employed in the commission of the crime. NOTE: Par. 15 contemplates two aggravating circumstances, either of which qualifies a killing to murder. (Art. 248) To take advantage of superior strength means to deliberately use excessive force that is out of proportion to the means for self-defense available to the person attacked. (People vs. Lobrigas). No abuse of superior strength: No advantage of superior strength when one attacks another with passion and obfuscation.
NOTES: There must be evidence that the accused were physically stronger and that they abused such superiority. The aggravating circumstance depends on the age, size and strength of the parties. Number of aggressors, if armed, may point to abuse of superior strength. There is abuse of superior strength when weapon used is out of proportion to the defense available to the offended party. When there are several offenders participating in the crime, they must all be principals by direct participation and their attack against the victim must be concerted and intended to be so. Abuse of superior strength is inherent in the crime of parricide where the husband kills the wife. It is generally accepted that the husband is physically stronger than the wife. Superior strength is absorbed and inherent in treachery. Superior strength absorbs cuadrilla (band). BY A BAND SUPERIOR STRENGTH The element of band is The element of abuse of appreciated when the superiority is the taking offense is committed by advantage by the culprits more than three armed of their collective strength malefactors regardless of to overpower their the comparative strength relatively weaker victim or of the victim or victims. victims. The offender employs means that materially weaken the resisting power of the offended party. Examples: (a) Where one, struggling with another, suddenly throws a cloak over the head of his opponent then he wounds or kills him. (b) When the offender, who had the intention to kill the victim, made the deceased intoxicated, thereby materially weakening the latters resisting power. NOTE: This circumstance is applicable only to crimes against persons, and sometimes against person and property, such as robbery with physical injuries or homicide.
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XVII. PAR. 16: THE ACT BE COMMITTED WITH TREACHERY (alevosia) Basis: Means and ways employed in the commission of the crime. There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. Treachery means that the offended party was not given opportunity to make a defense. REQUISITES: 1. At the time of the attack, the victim was not in a position to defend himself. 2. The offender consciously adopted the particular means, method or form of attack employed by him. NOTE: It is not only the relative position of the parties but also whether or not the victim was forewarned or afforded the opportunity to make a defense or to ward off the attack. Rules regarding Treachery: Applicable only to crimes against persons. Means, methods or forms need not insure accomplishment of crime. The mode of attack must be consciously adopted. NOTES: Treachery is appreciated even if the crime against the person is complexed with another felony involving a different classification in the Code. Thus, in the special complex crime of robbery with homicide, treachery but can be appreciated insofar as the killing is concerned. The suddenness of attack in itself does not constitute treachery, even if the purpose was to kill, so long as the decision was made all of a sudden and the victims helpless position was accidental. Treachery applies in the killing of a child even if the manner of attack is not shown. Treachery must be proved by clear and convincing evidence. The mode of attack must be consciously adopted.
The accused must make some preparation to kill the deceased in such a manner as to insure the execution of the crime or to make it impossible or hard for the person attacked to defend himself or retaliate. The mode of attack must be thought of by the offender, and must not spring from unexpected turn of events.
When must Treachery be Present: When the aggression is continuous, treachery must be present in the beginning of the assault. o Example. Even if the deceased was shot while he was lying wounded on the ground, it appearing that the firing of the shot was a mere continuation of the assault in which the deceased was wounded, with no appreciable time intervening between the delivery of the blows and the firing of the shot, it cannot be said that the crime was attended by treachery. When the assault was not continuous, in that there was interruption, it is sufficient that treachery was present at the moment the fatal blow was given. o Example. Hence, if there was a break in the continuity of the aggression and at the time of the fatal wound was inflicted on the deceased he was defenseless, the circumstance of treachery must be taken into account. Treachery should be considered even if: The victim was not predetermined but there was a generic intent to treacherously kill any first two persons belonging to a class. (The same rule obtains for evident premeditation). There was aberratio ictus and the bullet hit a person different from that intended. (The rule is different in evident premeditation). There was error in personae, hence the victim was not the one intended by the accused. (A different rule is applied in evident premeditation). Reason: When there is treachery, it is impossible for either the intended victim or the actual victim to defend himself against the aggression. Treachery absorbs: (ACE CAN) (a) Abuse of superior strength (b) Craft (c) Employing means to weaken the defense (d) Cuadrilla (band) (e) Aid of armed men
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(f)
Nighttime Treachery cannot co-exist with passion or obfuscation. TREACHERY MEANS EMPLOYED TO WEAKEN THE DEFENSE Offender only Means are takes advantage employed but it of his superior only materially strength and weakens the does not employ resisting power means, methods of the offended or forms of party attack. ABUSE OF SUPERIOR STRENGTH
Means, methods or forms are employed by the offender to make it impossible or hard for the offended party to put any sort of resistance XVIII. PAR. 17: MEANS BE EMPLOYED OR CIRCUMSTANCES BROUGHT ABOUT WHICH ADD IGNOMINY TO THE NATURAL EFFECTS OF THE ACT Basis: Means employed IGNOMINY is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. NOTES: It is applicable to crimes against chastity, less serious physical injuries, light or grave coercion, and murder. It is inherent in libel and acts of lasciviousness. Meaning of which add ignominy to the natural effects of the act: The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating or to put the offended party to shame. Injured party must not be dead when the act causing ignominy was inflicted to him. XIX: PAR. 18: CRIME BE COMMITTED AFTER AN UNLAWFUL ENTRY
Basis: Means and ways employed to commit the crime. There is unlawful entry when an entrance (not escape) is effected by a way not intended for the purpose. One who acts, not respecting the walls erected by men to guard their property and provide for their personal safety, shows a greater perversity, a greater audacity, hence, the law punishes him with more severity. NOTES: Swelling and unlawful entry taken separately in murders committed in a dwelling. In robbery with the use of force upon things and trespass to dwelling. XX: PAR. 19: AS A MEANS TO THE COMMISSION OF A CRIME, A WALL, ROOF, FLOOR, DOOR, OR WINDOW BE BROKEN Basis: Means and ways employed to commit the crime. NOTES: Applicable only if such acts were done by the offender to effect ENTRANCE. It is not necessary that the offender should have entered the building. If the offender broke a window to enable himself to reach a purse with money on the table near that window, which he took while his body was outside of the building, the crime of theft was attended by this aggravating circumstance. PAR. 19 PAR. 18 Involves the breaking Presupposes that there is (rompimiento) of the no such breaking as by enumerated parts of the entry through the house. window. Where Breaking of Door or Window is Lawful: (a) An officer, in order to make an arrest, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be; (Sec. 11, Rule 113, of Rules of Court) (b) An officer, if refused admittance, may break open any door or window to execute the search warrant or liberate himself, (Sec. 7, Rule 126 of ROC)
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XXI. PAR. 20: THE CRIME BE COMMITTED: 1. With the aid of persons under 15 years of age, or 2. By means of motor vehicles, airships, or other similar means Basis: Means and ways employed to commit the crime. Two different circumstances grouped in this paragraph: 1. With the aid of persons under fifteen years of age Intends to repress the frequent practice resorted to by professional criminals to avail themselves of minors taking advantage of their irresponsibility. 2. By means of motor vehicles, airships, or other similar means Intended to counteract the great facilities found by modern criminals in said means to commit crime and flee and abscond once the same is committed. Use of motor vehicle is aggravating where the accused purposely and deliberately used the motor vehicle in going to the place of the crime, in carrying away the effects thereof, and in facilitating their escape. Other similar means refers to motorized vehicles or other efficient means of transportation similar to automobile or airplane. XXII. PAR. 21: THE WRONG DONE IN THE COMMISSION OF THE CRIME BE DELIBERATELY AUGMENTED BY CAUSING OTHER WRONG NOT NECESSARY FOR ITS COMMISSION Basis: Ways employed to commit the crime. There is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the criminal act. REQUISITES: 1. The injury caused be deliberately increased by causing other wrong; 2. The other wrong be unnecessary for the execution of the purpose of the offender.
Cruelty is inherent in: (a) Crimes against persons (b) Mutilation NOTES: The wounds found on the body of the victim must be inflicted while he was still alive in order unnecessarily to prolong physical suffering. If the victim was already dead when the acts of mutilation were being performed, this would also qualify the killing to murder due to outraging of his corpse. (Art. 248) Number of wounds alone does not show cruelty, it being necessary to show that the accused deliberately and inhumanly increased the sufferings of the victims. PAR. 17: IGNOMINY PAR. 21: CRUELTY Involves MORAL suffering Refers to PHYSICAL suffering NOTE: Unlike mitigating circumstances (par. 10, Art. 13), there is NO provision for aggravating circumstances of a similar or analogous character. XXIII. OTHER AGGRAVATING CIRCUMSTANCES UNDER SPECIAL PENAL LAWS Use of Unlicensed Firearms (Decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Acquisition or Disposition, of Firearms, Ammunition or Explosives as an aggravating circumstance) If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance. (Sec. 1, par. 3) When a person commits any crime under the Revised Penal Code or Special Laws with the use of explosives including but not limited to pillbox, molotove cocktail bombs, detonation agents or incendiary devises resulting in the death of a person, the same is aggravating. (Sec. 3) COMPREHENSIVE DANGEROUS DRUGS ACT When a crime is committed by an offender who is under the influence of dangerous drugs, such state shall be considered as a qualifying aggravating circumstances. (Sec. 25) Any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily
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gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution: Provided, That the following conditions concur: o The information and testimony are necessary for the conviction of the persons described above; o Such information and testimony are not yet in the possession of the State; o Such information and testimony can be corroborated on its material points; o The informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and o The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. o Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness. For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade, the maximum penalty shall be imposed in every case. (Sec. 5) If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous
drug and/or a controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim thereof, the maximum penalty provided for under this Section shall be imposed. (Sec. 5) The provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. (Sec. 98)
SPECIFIC AGGRAVATING CIRCUMSTANCES: Violation of domicile: nighttime, papers or effects not returned immediately Interruption of religious worship: violence or threats Direct assault: weapon, offender is a public officer or employee, offender lays hands upon a person in authority Grave threats: in writing, thru a middleman Robbery with violence against or intimidation of persons: uninhabited place, band, EXCEPT robbery with homicide or robbery with rape Robbery with force upon things: uninhabited place and by a band
F. ALTERNATIVE CIRCUMSTANCES ALTERNATIVE CIRCUMSTANCES are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. Basis: Nature and effects of the crime and the other conditions attending its commission. Alternative Circumstances: 1. Relationship 2. Intoxication 3. Degree of instruction and education of the offender I. RELATIONSHIP The alternative circumstance of relationship shall be taken into consideration when the offended party is the: 1. Spouse
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2. 3. 4. 5. 6.
7. When Relationship is Mitigating: 1. Crimes against property, by analogy to the provisions of Art. 332 Robbery, usurpation, fraudulent insolvency, and arson Relationship is exempting in theft, estafa, and malicious mischief 2. Crimes against persons The offense committed is less serious physical injuries or slight physical injuries if the offended party is a relative of a lower degree. When Relationship is Aggravating: 1. Crimes against persons It is aggravating where the offended party is a relative of o A higher degree than the offender, or o When the offender and the offended party are relatives of the same degree. In physical injuries o The crime against persons is serious physical injuries, even if the offended party is a descendant of the offender. But the serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement. o The offense committed is less serious physical injuries or slight physical injuries if the offended party is relative of a higher degree of the offender. When the crime is homicide or murder, relationship is aggravating even if the victim of the crime s a relative of a lower degree. In rape, relationship is aggravating where a stepfather raped his stepdaughter or in a case where a father rapes his own daughter. 2. Crimes against chastity
Ascendant Descendant Legitimate, natural, or adopted brother or sister, or Relative by affinity as the same degree of the offender Stepfather or stepmother and stepson or stepdaughter People v. Bersabal,[28 Phil. 439, 441] Adopted parent and adopted child
In acts of lasciviousness, relationship is always aggravating, regardless of whether the offender is a relative of a higher or lower degree of the offended party.
NOTE: When the qualification given to the crime is derived from the relationship between the offender and the offended party, it is neither mitigating nor aggravating, because is inseparable from and inherent in the offense. II. INTOXICATION Basis As a mitigating circumstance, it finds its reason in the fact that when a person is under the influence of liquor, his exercise of will power is impaired. As an aggravating circumstance, because it is intentional, the reason is that the offender resorted to it in order to bolster his courage to commit a crime. o The constant use of intoxicating liquor lessens the individual resistance to evil thoughts and undermines the will power making himself a potential evildoer against whose activities, society has the right for its own protection to impose a more sever penalty. MITIGATING AGGRAVATING If intoxication is not If intoxication is habitual habitual If intoxication is not If it is intentional subsequent to the plan to (subsequent to the plan to commit a felony commit a felony) A HABITUAL DRUNKARD is one given to intoxication by excessive use of intoxicating drinks. Once intoxication is established by satisfactory evidence, in the absence of proof to the contrary, it is presumed to be non- habitual or unintentional. To be Entitled to the Mitigating Circumstance, it must be shown that: (a) At the time of the commission of the criminal act, he has taken such quantity of alcoholic drinks as to blur his reason and deprive him of a certain degree of control, and (b) Such intoxication is not habitual, or subsequent to the plan to commit the felony.
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NOTE: Intoxication must diminish the agents capacity to know the injustice of his acts, and his will to act accordingly. III. DEGREE OF INSTRUCTION AND EDUCATION OF THE OFFENDER It does not refer only to literacy but more to the level of intelligence of the accused NOTES: Refers to the lack of sufficient intelligence and knowledge of the full significance of ones acts. Low degree of instruction and education or lack of it is generally mitigating. High degree of instruction and education is aggravating when the offender avails himself of his learning in committing the crime. GENERAL RULE: Lack of sufficient education is mitigating. EXCEPTIONS: (a) Crimes against property (e.g., arson, estafa, theft, robbery) (b) Crimes against chastity (c) Treason: because love of country should be a natural feeling of every citizen, however unlettered or uncultured he may be (d) Murder (e) Rape
3.
Death or physical injuries inflicted under exceptional circumstances (Art. 247) 4. Persons exempt from criminal liability from theft, swindling, malicious mischief (Art 332) 5. Instigation ENTRAPMENT INSTIGATION The ways and means are Instigator practically resorted to for the induces the would-be purpose of trapping and accused into the capturing the lawbreaker commission of the offense in the execution of his and himself becomes a criminal plan. co-principal. NOT a bar to accuseds Accused will be acquitted. prosecution and conviction NOT an absolutory cause Absolutory cause
END OF DISCUSSION ON TOPIC 3. CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
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14. PERSONS CRIMINALLY LIABLE / DEGREE OF PARTICIPATION

====================================== TOPIC UNDER THE SYLLABUS: 4. Persons Criminally Liable/Degree of Participation a. Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders i. Punishable Acts ii. Compare with Article 20 ======================================
G. ABSOLUTORY CAUSE ABSOLUTORY CAUSE Where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed. Exempting and justifying circumstances are absolutory causes. Absolutory Causes are those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. Basis: A sound public policy requires that the courts shall condemn this practice by directing the acquittal of the accused. Examples of such other circumstances are: 1. Spontaneous desistance (Art. 6) 2. Accessories exempt from criminal liability (Art. 20)

4. PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION. A. PERSONS CRIMINALLY LIABLE FOR GRAVE AND LESS GRAVE FELONIES. Art. 16. Who are criminally liable. The following are criminally liable for grave and less grave felonies:
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1. Principals 2. Accomplices 3. Accessories
B. PERSONS CRIMINALLY LIABLE FOR LIGHT FELONIES The following are criminally liable for light felonies: 1. Principals 2. Accomplices. C. PARTIES IN ALL CRIMES I. ACTIVE SUBJECT The active subject is the criminal. Only natural persons can be the active subject of crime because of the highly personal nature of the criminal responsibility. Under the Revised Penal Code, persons act with personal malice or negligence, artificial persons cannot act with malice or negligence. A juridical person like a corporation cannot commit a crime that requires willful purpose or malicious intent. Criminal actions are restricted or limited to the officials of the corporation and never directed against the corporation itself, except under: (a) Corporation Law (b) Public Service Law (c) Securities Law (d) Election Code There is substitution of deprivation of liberty for pecuniary penalties in insolvency cases. Other penalties like destierro and imprisonment are executed on individuals only. II. PASSIVE SUBJECT The passive subject of a crime is the person injured. The holder of the injured right is the man, the juristic person, the group, and the State. Corporation and partnerships can be passive subjects of a crime.
Corpses and animals cannot be passive subjects because they have no rights that may be injured. EXCEPTION: Under Article 253, the crime of defamation may be committed if the imputation tends to blacken the memory of one who is dead. It should be noted that Article 16 only applies when the offenders are to be judged by their individual, and not collective liability.
D. PRINCIPAL Art. 17. Principals. The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. I. BY DIRECT PARTICIPATION REQUISITES: 1. They participated in the criminal resolution; and 2. They carried out their plan and personally took part in its execution by acts which directly tended to the same end. When this element is lacking, there is only conspiracy. In conspiracy by prior agreement, the principal by direct participation who does not appear at the scene of the crime is not liable, because: Non-appearance is deemed desistance which is favored and encouraged; Conspiracy is generally not a crime unless the law specifically provides a penalty therefor. There is no basis for criminal liability because there is no criminal participation. II. BY INDUCEMENT REQUISITES: 1. That the inducement be made directly with the intention of procuring the commission of the crime; and
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2. 3.
That such inducement be the determining cause of the commission of the crime by the material executor. Without such inducement the crime would not have been committed
Ways of Becoming Principal by Induction By directly forcing another to commit a crime o Using irresistible force o By causing uncontrollable fear o In these cases, there is no conspiracy, not even a unity of criminal purpose and intention. Only the one using force or causing fear is criminally liable. By directly inducing another to commit a crime o By giving price, or offering reward or promise Both the one giving the price or offering reward or promise and the one committing the crime in consideration thereof are principals o By using words of command The inciting words must have great dominance and influence over the person who acts where it would be the moving cause for the offense. There is also collective criminal responsibility REQUISITES: The one uttering the words of command must have the intention of procuring the commission of the crime; The one who made the command must have an ascendancy or influence over the person who acted; The words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion The words of command must be uttered prior to the commission of the crime; and The material executor of the crime has no personal reason to commit the crime. There must exist on the part of the inducer the most positive resolution and the most persistent effort to secure the commission of the crime, together with the presentation to the person induced of the very strongest king of temptation to commit the crime.
The inducement must precede the act induced and must be so influential in producing the criminal act that without it, the act would not have been performed. A thoughtless expression without intention to produce the result is not an inducement to commit a crime. If the crime committed is not contemplated in the order given, the inducement is not material and not the determining cause thereof. PRINCIPAL BY OFFENDER WHO MADE INDUCEMENT PROPOSAL TO COMMIT A FELONY There is an inducement to commit a crime Liability Principal becomes liable Mere proposal to commit only when the crime is a felony is punishable in committed by the treason or rebellion principal by direct participation The person to whom the proposal is made should not commit the crime, otherwise, the proponent becomes a principal by inducement Crime Involved Involves any crime Must involve only treason or rebellion Effects of acquittal of principal by direct participation upon the liability of principal by inducement: Conspiracy is negated by the acquittal of co- defendant One cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has been actually committed by another If the one charged as principal by direct participation is acquitted, his acquittal is not a ground for the acquittal of the principal by inducement III. BY INDISPENSIBLE COOPERATION REQUISITES: 1. Participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged; and
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2.
Requires participation in the criminal resolution There must be conspiracy Concurrence is sufficient Cooperation is indispensable Cooperation in the commission of the offense by performing another act, without which it would not have been accomplished. Cooperation must be indispensable If dispensable, accused is only an accomplice If cooperation is necessary in the execution of the offense, accused is considered as a principal by direct participation
To cooperate means to desire or wish in common a thing. But that common will or purpose does not necessarily mean previous understanding, for it can be explained or inferred from the circumstances of each case. People v. Apelgido, [56 Phil. 571, 576] COLLECTIVE CRIMINAL RESPONSIBILITY There is COLLECTIVE CRIMINAL RESPONSIBILITY when the offenders are criminally liable in the same manner and to the same extent. The penalty to be imposed must be the same for all. BY DIRECT BY INDUCTION BY PARTICIPATION INDISPENSABLE COOPERATION Principals have Principal, Principal has collective EXCEPT that criminal criminal who directly collective responsibility forced another responsibility to commit a with the crime, and principal by principal by direct direct participation participation INDIVIDUAL CRIMINAL RESPONSIBILITY In the absence of conspiracy, unity of criminal purpose and intention immediately before the commission of the crime, or community of criminal design, the criminal responsibility arising from different acts directed against one and the same person is individual and not collective, and each of the participants is liable only for acts committed by him. U.S. v. Magcomot, [13 Phil. 386, 390]
E. ACCOMPLICE Art. 18. Accomplices. Accomplices are those persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts. REQUISITES: 1. There be community of design; that is, knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose; Knowledge of the criminal design of the principal can be acquired by the accomplice through: o When the principal informs or tells the accomplice of the formers criminal design o When the accomplice saw the criminal acts of the principal The community of design need not be to commit the crime actually committed. It is sufficient if there was a common purpose to commit a particular crime and that the crime actually committed was a natural or probable consequence of the intended crime 2. 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 an efficacious way; and The cooperation of the accomplice is only necessary, not indispensable The cooperation is not due to a conspiracy The wounds inflicted by an accomplice in crimes against persons should not have caused the death of the victim Being present and giving moral support when a crime is being committed where it may be through advice, encouragement or agreement 3. There be a relation between the acts done by the principal and those attributed to the person charged as accomplice. QUASI-COLLECTIVE RESPONSIBILITY Some of the offenders in the crime are principals and the others as accomplices. ACCOMPLICE PRINCIPAL BY COOPERATION Participation is necessary Participation is but not indispensable indispensable
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ACCOMPLICE V. PRINCIPAL BY DIRECT PARTICIPATION There is community of criminal design In case of doubt, it shall be resolved in favor of lesser responsibility, that is, that of mere accomplice Between the principals and the accomplices, there is no conspiracy. ACCOMPLICE CONSPIRATOR They know and agree with the criminal design They come to know about They come to know the it after the principals have criminal intention because reached the decision, and they themselves have only then do they agree decided upon such course to cooperate in its of action execution They are merely They are the authors of a instruments who perform crime acts not essential to the perpetration of the offense ACCOMPLICE PRINCIPAL BY INDISPENSABLE COOPERATION Cooperation is Cooperation must be dispensable indispensable Cooperates in the Participation in the execution of the offense criminal resolution, that is, by previous or there is either anterior simultaneous acts, with conspiracy or unity of the intention of supplying criminal purpose and material or moral aid in intention immediately the execution of the before the commission of crime in an efficacious the crime charged way
F. ACCESSORY Art. 19. Accessories. Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime;
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery; 3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. An accessory does not participate in the criminal design, nor cooperate in the commission of the felony, but, with knowledge of the commission of the crime, he subsequently takes pare in three ways: (a) Profiting from the effects of the crime; (b) Concealing the body, effects or instruments of the crime in order to prevent its discovery; (c) Assisting in the escape or concealment of the principal of the crime, provided he acts with abuse of his public functions or the principal is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. An accessory must have knowledge of the commission of the crime, and having that knowledge, he took part subsequent to its commission. The crime committed by the principal must be proved beyond reasonable doubt. Specific Acts of Accessories: (1) By profiting themselves or assisting the offender to profit by the effects of the crime The crime committed by the principal under this paragraph may be any crime, provided it is not a light felony. Profiting themselves by the effects of the crime o The accessory should not take the property without the consent of the principal. o When a person knowingly acquired or received property taken by the brigands, the crime is punished as the act of the principal, not the act of the accessory.
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Assisting the offender to profit by the effects of the crime (2) By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery (3) The crime committed by the principal under this paragraph may be any crime, provided it is not a light felony. Body of the crime is the corpus delicti, that a specific offense was in fact committed by someone. There must be an attempt to hide the body of the crime. The stolen property is the effect of the crime. The pistol or knife is the instrument of the crime. (4) By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime CLASSES OF ACCESSORIES CONTEMPLATED IN PART. 3: (1) Public officers who harbor, conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his public functions. REQUISITES: The accessory is a public officer He harbors, conceals, or assists in the escape of the principal He acts with abuse of his public function The crime committed by the principals is any crime, except a light felony (2) Private persons who harbor, conceal or assist in the escape of the author of the crime guilty of treason, parricide, murder, or an attempt against the life of the President, or who is known to be habitually guilty of some other crime. REQUISITES: The accessory is a private person He harbors, conceals or assists in the escape of the author of the crime The crime committed by the principal is either: o Treason
o o o o
Parricide Murder An attempt against the life of the President That the principal is known to be habitually guilty of some other crime
The accessories liability is subordinate and subsequent. Conviction of an accessory is possible notwithstanding the acquittal of the principal, if the crime was in fact committed, but the principal was not held criminally liable, because of an exempting circumstance. Even if the principal is still unknown or at large, the accessory may be held responsible provided the requisites prescribed by law for the existence of the crime are present and that someone committed it. Where the commission of the crime and the responsibility of the accused as an accessory are established, the accessory can be convicted, notwithstanding the acquittal of the principal. Vino v. People, [178 SCRA 626, 632-634] (3) Where the accused misleads the authorities by giving them false information, such act is equivalent to concealment and he should be held as an accessory.
G. ANTI-FENCING LAW FENCING is the act of person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. FENCE includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing. Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.
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H. DECREE PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS The purpose of the law is to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders. The benefits of the exceptions in Article 20 do not apply to Obstruction of Justice. The law penalizes any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) Preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; (b) Altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; (c) Harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction; (d) Publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; (e) Delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; (f) Making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the
investigation of, or official proceedings in, criminal cases; (g) Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; (h) Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; (i) Giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court.
I. PERSONS EXEMPT FROM CRIMINAL LIABILITY Art. 20. Accessories who are exempt from criminal liability. The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article. The exemption is based on the ties of blood and the preservation of the cleanliness of ones name. An accessory is exempt from criminal liability, when the principal is his Spouse Ascendant Descendant
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Legitimate, natural or adopted brother, sister, or relative by affinity within the same degree
The accessory is not exempt from criminal liability even if the principal is related to him, if such accessory: Profited by the effects of the crime Assisted the offender to profit by the effects of the crime Such acts are prompted not by affection but by a detestable greed. Only accessories under Art. 19(2) and (3) are exempt from criminal liability if they are related to the principals. Ties of blood or relationship constitutes a more powerful incentive than the call of duty.
END OF DISCUSSION ON TOPIC 4. PERSONS CRIMINALLY LIABLE / DEGREE OF CRIMINAL LIABILITY
(f) Period of probation (g) Arrest of probationer (h) Termination of probation; exception i. The Comprehensive Dangerous Drugs Act of 2002 ii. Juvenile Justice and Welfare Act of 2006; Child and Youth Welfare Code (a) Definition of child in conflict with the law (b) Exemption from criminal liability (c) Juvenile justice and welfare system g. Distinguished from Preventive Imprisonment ======================================
5. PENALTIES A. GENERAL PRINCIPLES PENALTY is the suffering that is inflicted by the State for the transgression of the law. I. DIFFERENT JURIDICAL CONDITIONS OF PENALTY 1. Productive of suffering, without however affecting the integrity of the human personality 2. Commensurate with the offense: different crimes must be punished with different penalties 3. Personal: no one should be punished for the crime of another 4. Legal: it is the consequence of a judgment according to law 5. Certain: no one must escape its effects 6. Equal for all 7. Correctional. II. THEORIES JUSTIFYING PENALTIES 1. Prevention: to prevent or suppress the danger to the State arising from the criminal act of the offender 2. Self-defense: to protect society from the threat and wrong inflicted by a criminal 3. Reformation: to correct and reform the offender
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5. PENALTIES
====================================== TOPIC UNDER THE SYLLABUS: 5. Penalties a. General Principles i. Act Prohibiting the Imposition of Death Penalty in the Philippines b. Purposes c. Classification d. Duration and Effect e. Application i. Indeterminate Sentence Law ii. Three-Fold Rule iii. Subsidiary Imprisonment f. Execution and Service i. Probation Law (a) Definition of Terms (b) Purpose (c) Grant of probation, manner and conditions (d) Criteria of placing an offender on probation (e) Disqualified offenders
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4. 5.
Exemplarity: the criminal is punished to serve as an example to deter others from committing crimes Justice: that crime must be punished by the State as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal.
III. PENALTIES THAT MAY BE IMPOSED GENERAL RULE: A felony shall be possible only by the penalty prescribed by law at the time of its commission Rationale: Because a law cannot be rationally obeyed unless it is first shown, and a man cannot be expected to obey an order that has not been given. NOTE: Art. 21 implements the constitutional prohibition against ex post facto laws. It reflects the maxim that there is no crime without a penalty and that there is no penalty without a law (nullum crimen sine poena; nulla poena sine lege). But, as provided in Art. 22, ex post facto laws are allowed if favorable to the accused. GENERAL RULE: Penal laws are applied prospectively EXCEPTION: When retrospective application will be favorable to the person guilty of a felony, provided that: 1. The offender is NOT a habitual criminal (delinquent) under Art. 62(5); 2. The new or amendatory law does NOT provide against its retrospective application. RATIONALE FOR THE EXCEPTION IN ART. 22: Such an exception is based on strict justice and not on political considerations. The sovereign, in enacting subsequent penal law more favorable to the accused, has recognized that the greater severity of the former law is unjust. The sovereign would be inconsistent if it would still enforce its right under the conditions of the former law, which has already been regarded by conscientious public opinion as juridically burdensome. NOTE: No retroactive effect even when favorable to the accused if the new law is expressly made inapplicable to pending actions or existing causes of action. Tavera v. Valdez, [1 Phil 468, 1902]
HABITUAL DELINQUENT A person who within a period of 10 year from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of any said crimes a third time or oftener. NOTES: If retroactive effect of a new law is justified, it shall apply to the defendant even if he is: o Presently on trial for the offense; o Has already been sentenced but service of which has not begun; or o Already serving sentence The retroactive effect of criminal statutes does NOT apply to the culprits civil liability. REASON: The rights of offended persons or innocent third parties are not within the gift of arbitrary disposal of the State. The provisions of Art. 22 are applicable even to special laws which provide more favorable conditions to the accused. Criminal liability under the repealed law subsists: 1. When the provisions of the former law are reenacted; or 2. The right to punish offenses committed under an old penal law is not extinguished if the offenses are still punishable in the repealing penal law. 3. When the repeal is by implication; or when a penal law, which impliedly repealed an old law, is itself repealed, the repeal of the repealing law revives the prior penal law, unless the language of the repealing statute provides otherwise. If the repeal is absolute, criminal liability is obliterated. 4. When there is a saving clause. When the repeal is absolute, the offense ceases to be criminal People vs. Tamayo, [61 Phil 22, 1935] NOTES: No retroactive effect of penal laws as regards jurisdiction of court. The jurisdiction of the court to try a criminal action is to be determined by the law in force at the time of instituting the action, not at the time of the commission of the crime. Jurisdiction of courts in criminal cases is determined by the allegations of the complaint or information, and not by the findings the court may
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make after trial. People vs. Romualdo, [87 Phil 641, 642] According to L.B. Reyes, Art. 22 is NOT applicable to the provisions of the RPC. Its application to the RPC can only be invoked where some former or subsequent law is under consideration.
same accused in consideration of their severity and natures. The scale in Art. 71 are for the purpose of graduating the penalties by degrees in accordance with the rules in Art. 61.
BILL OF ATTAINDER A legislative act which inflicts punishment without trial. IV. ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES (R.A. 9346) Sec. 2 of said law provides that in lieu of death penalty, the following shall be imposed: 1. The penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or 2. The penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. The effect is that all crimes with penalty imposable by Death Penalty or those already imposed, are automatically commuted to Reclusion Perpetua. However, such convicts whose penalties are automatically commuted shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
B. PURPOSES i. Retribution or expiation - the penalty is commensurate with the gravity of the offense ii. Correction or reformation - as shown by the rules which regulate the execution of the penalties consisting in the deprivation of liberty. iii. Social defense - shown by its inflexible severity to recidivists and habitual delinquents. C. CLASSIFICATION NOTES: The scale in Art. 25 is only a general classification of penalties based on their severity, nature and subject matter. The scale of penalties under Art. 70 is provided for successive service of sentences imposed on the
CLASSIFICATION OF PENALTIES BASED ON THEIR NATURE: 1. Principal: those expressly imposed by the court in the judgment of conviction a. Divisible: those which have fixed duration and are always divisible into three period, namely: maximum, medium, and minimum, e.g. prision mayor b. Indivisible: those which have no fixed duration. These are: Death Reclusion Perpetua Perpetual absolute or special disqualification Public censure 2. Accessory: those that are deemed included in the imposition of the principal penalties Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Suspension from public office, the right to vote and be voted for, the profession or calling Civil interdiction Indemnification Forfeiture or confiscation of instruments and proceeds of the offense NOTE: Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, and suspension may be principal or accessory penalties. Examples: 1. Perpetual absolute disqualification is a principal penalty in prevaricacion (Art. 204). It is an accessory penalty of reclusion perpetual and reclusion temporal. 2. Perpetual special disqualification is a principal penalty in malversation (Art. 217). Also in Art. 214, 223, 229, 233, and 346. It is an accessory penalty of prision mayor and prision correccional.
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3. 4.
5.
Temporary absolute disqualification is a principal penalty when the accessory acts with abuse of public functions (Art. 19[3] and Art. 58) Temporary special disqualification is a principal penalty in direct bribery (Art. 210). Also in Articles 205, 214, 220, 223, 224, 226, 227, 228, 231, 235, 239, 245, 346, and 347. Suspension is a principal penalty in rendition of unjust interlocutory orders (Art. 206). Also in Articles 200, 211, 266 and 365.
CLASSIFICATION ACCORDING TO SUBJECT-MATTER 1. Corporal (death) 2. Deprivation of freedom (reclusion, prision, arresto) 3. Restriction of freedom (destierro) 4. Deprivation of rights (disqualification and suspension) 5. Pecuniary (fine) CLASSIFICATION ACCORDING TO THEIR GRAVITY 1. Capital Death (Now prohibited under RA 9346) 2. Afflictive Reclusion perpetua Reclusion temporal Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Prision mayor 3. Correctional Prision correccional Arresto mayor Suspension Destierro 4. Light Arresto menor Public censure 5. Penalties common to the three preceeding classes: Fine, and Bond to keep the peace This classification corresponds to the classification of felonies in Art.9 into grave, less grave, and light. Public censure is imposed in Articles 200, 211, 266 and 365. Bond to keep the peace is imposed only in the crime of threats (Art. 284), either grave (Art. 282) or light (Art. 283). Also see Act No. 296 as to power of justice of the peace to require bond for good behavior.
FINE IS: 1. Afflictive if it exceeds P6,000 2. Correctional P200 to P6,000 3. Light less than P200 BOND TO KEEP THE PEACE IS BY ANALOGY: 1. Afflictive if it exceeds P6,000 2. Correctional P200 to P6,000 3. Light less than P20 NOTES: This article determines the classification of a fine whether imposed as a single (e.g. fine of P200 to P6000) or as an alternative (e.g. penalty is arresto mayor OR a fine ranging from P200 to P1000) penalty for a crime. The rule herein does not apply where the fine involved is in a compound penalty, that is, it is imposed in conjunction with another penalty. In this case, the highest penalty shall be made the basis for computing the period for the prescription of crimes (Art. 90) Where the fine in question is exactly P200,, under Art. 9 it is a light felony, hence the felony involved is a light felony; whereas under Art. 26, it is a correctional penalty, hence the offense involved is a less grave felony. It has been held that this discrepancy should be resolved liberally in favor of the accused, hence Art. 9 prevails over Art. 26 People v. Yu Hai, [99 Phil. 725, 1956] HOWEVER, according to Justice Regalado there is no such discrepancy. What is really in issue is the prescription of the offense vis--vis the prescription of the penalty, the former being the forfeiture of the right of the State to prosecute the offender and the latter being the loss of its power to enforce the judgment against the convict. In determining the prescription of crimes, apply Art. 9 (P200 fine is light felony). In determining the prescription of penalty, apply Art. 26 (P200 fine prescribes in 10 years)
D. DURATION AND EFFECT I. DURATION AFFLICTIVE Reclusion 20 years and 1 day to 40 years Perpetua
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Reclusion Temporal Prision Mayor
12 years and 1 day to 20 years
6 years and 1 day to 12 years, except when the penalty of disqualification is imposed as an accessory penalty, Temporary Disqualification in which case, its duration shall be that of the principal penalty. CORRECTIONAL Prision 6 months and 1 day to 6 years, correccional except when suspension is imposed as an accessory penalty, in which Suspension case, its duration shall be that of the Destierro principal penalty. Arresto mayor 1 month and 1 day to 6 months Arresto menor 1 day to 30 days Bond to keep As the court may determine the peace Note: Destierro is a principal, correctional, and divisible penalty. In what cases is destierro imposed? 1. Serious physical injuries or death under exceptional circumstances (Art. 247) 2. In case of failure to give bond for good behavior (Art. 284) 3. As a penalty for the concubine in concubinage (Art. 334) 4. In cases where after reducing the penalty by one or more degrees, destierro is the proper penalty. II. COMPUTATION OF PENALTIES Rules observed by the Director of Prisons or the warden in computation of penalties imposed upon the convicts: Rule No. 1 when the offender is in prison the duration of temporary penalties is from the day on which the judgment of conviction becomes final, and not from the day of his detention. o This rule applies in cases of temporary penalties (e.g. temporary absolute disqualification, temporary special disqualification, and suspension) and the offender is under detention (as when he is undergoing preventive imprisonment) o Reason: Under Art. 24, the arrest and temporary detention of the accused is not considered a penalty.
Rule No. 2 when the offender is not in prison the duration of penalties consisting in deprivation of liberty, is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty. o This rule applies in cases of penalties consisting in deprivation of liberty (e.g. imprisonment and destierro) and the offender is not in prison. Rule No. 3 the duration of other penalties the duration is from the day on which the offender commences to serve his sentence. o This rule applies in cases of: a. (Penalties consisting in deprivation of liberty) and the offender is undergoing preventive imprisonment; but the offender is entitled to a deduction of full time or 4/5 of the time of his detention. b. (Temporary penalties) and the offender is not under detention, because the offender has been released on bail. NOTES: Service in prison begins only on the day the judgment of conviction becomes final. If in custody and the accused appeals, the service of the sentence should commence from the date of the promulgation of the decision of the appellate court, not the trial courts. III. EFFECT EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION (ART. 30) 1. Deprivation of the public offices and employments which the offender may have held, even if conferred by popular election. 2. Deprivation of the right to vote in any election for any popular elective office or to be elected to such office. 3. Disqualification for the offices or public employments and for the exercise of any of the rights mentioned. 4. Loss of all rights to retirement pay or other pension for any office formerly held NOTES: PERPETUAL ABSOLUTE DISQUALIFICATION is effective during the lifetime of the convict and even after the service of the sentence.
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TEMPORARY ABSOLUTE DISQUALIFICATION lasts during the term of the sentence, and is removed after the service of the same, except: 1. Deprivation of the public office or employment (Effect no.1), and 2. Loss of all rights to retirement pay or other pension for any office formerly held (Effect no. 4) A plebiscite is not mentioned or contemplated in Art.30, par. 2 (deprivation of the right to vote), hence, the offender may vote in that exercise, subject to the provisions of pertinent election laws at the time.
2. 3.
Deprivation of marital authority Deprivation of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos But he can dispose of such property by will or donation mortis cause He can also manage or dispose of his property by acts inter vivos, if done in his behalf by a judicial guardian appointed for him as an incompetent (Sec. 2, Rule 92, Rules of Court)
EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION (ART. 31) 1. Deprivation of the office, employment, profession or calling affected. 2. Disqualification for holding similar offices or employments perpetually or during the term of the sentence. EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION FOR THE EXERCISE OF THE RIGHT OF SUFFRAGE (ART. 32) 1. Deprivation of the right to vote or to be elected to any public office 2. Cannot hold any public office during the period of disqualification EFFECTS OF THE PENALTIES OF SUSPENSION FROM ANY PUBLIC OFFICE, PROFESSION, OR CALLING, OR THE RIGHT OF SUFFRAGE (ART. 33) 1. Disqualification from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. 2. If suspended from public office, the offender cannot hold another office having similar functions during the period of suspension. NOTE: Disqualification is the withholding of a privilege, a restrictions upon the right of suffrage or to hold office, and not a denial of a right. Purpose: To preserve the purity of elections; one rendered infamous by conviction of felony or other base offenses indicative of moral turpitude is unfit to exercise such rights. (People vs. Corral, 62 Phil 945, 946) EFFECTS OF CIVIL INTERDICTION (ART. 34) 1. Deprivation of the rights of parental authority or guardianship of any ward.
Civil interdiction is an accessory penalty to the following principal penalties: 1. If death penalty is commuted to life imprisonment 2. Reclusion perpetua 3. Reclusion temporal EFFECTS OF BOND TO KEEP THE PEACE (ART. 35) 1. The offender must present 2 sufficient sureties who shall undertake that the offender will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the Court; or 2. The offender must deposit such amount with the Clerk of Court to guarantee said undertaking; or 3. The offender may be detained, if he cannot give the bond, for a period not to exceed 6 months if prosecuted for grave or less grave felony, or for a period not to exceed 30 days, if for a light felony. Bond to keep the peace is different from bail bond which is posted for the provisional release of a person arrested for or accused of a crime. Bond to keep the peace or for good behavior is imposed as a penalty in threats. According to Justice Regalado, it is believed that this punitive sanction cannot be applied since this bond is required only in the crime of threats and if the offender fails to comply therewith, the penalty imposable is destierro (Art. 284). Neither can this penalty apply to crimes under special laws as only felonies (i.e. crime punished under RPC) are contemplated therein.
E. APPLICATION GENERAL RULE: The penalty prescribed by law in general terms shall be imposed: 1. Upon the principals 2. For consummated felony
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EXCEPTION: When the law fixes a penalty for the frustrated or attempted felony in cases where law considers that the penalty lower by one or two degrees corresponding to said acts of execution is not proportionate to the wrong done. THE GRADUATION OF PENALTIES REFERS TO: (a) By degree Stages of execution (consummated, frustrated, attempted) degree of the criminal participation of the offender (principal, accomplice, accessory) (b) By period Minimum, medium, maximum: refers to the proper period of the penalty which should be imposed when aggravating or mitigating circumstances attend the commission of the crime I. INDETERMINATE SENTENCE LAW (ISL) The ISL consists of a maximum and minimum, instead of a single fixed penalty. The prisoner must be sentenced to imprisonment for a period which is not more than the maximum and not less than the minimum. The prisoner must serve the minimum before he is eligible for parole. The period between the minimum and maximum is indeterminate in the sense that the prisoner may be exempted from serving said indeterminate period in whole or in part. The law does not impair the powers of the Chief Executive under the Administrative Code. Purpose: To uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of liberty and economic usefulness. Ducosin, [59 Phil 109, 117 (1933)] MAXIMUM MINIMUM TERM TERM PENALTY That which could Within the range IMPOSED be properly of the penalty BY RPC imposed under one degree lower the RPC, than that considering the prescribed by the aggravating and RPC, without mitigating considering the circumstances circumstances.
MAXIMUM TERM *Determined in accordance with the rules and provisions of the Code exactly as if the ISL had never been enacted. Said law never intended to make inoperative any provisions of the Code.
MINIMUM TERM BUT when there is a privileged mitigating circumstance, so that the penalty has to be lowered by one degree, the starting point for determining the minimum term of the indeterminate penalty is the penalty next lower than that prescribed by the Code for the offense. In determining the minimum penalty, the law confers upon the courts the widest discretion that they ever had. The law does not require the minimum of that next lower in degree should be imposed. All that is required is that it be within the range of the penalty next lower in degree. Must not be less than the minimum term prescribed by the same. Note: For special laws, it is anything within the inclusive range of the
PENALTY IMPOSED BY SPL
Must not exceed the maximum term fixed by said law
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MAXIMUM TERM
MINIMUM TERM
ILLUSTRATION
prescribed penalty. Courts are given discretion in the imposition of the indeterminate penalty. The aggravating mitigating circumstances are not considered unless the special law adopts the same terminology for penalties as those used in the RPC. In a frustrated In the frustrated murder case, murder case, the penalty of which minimum is prision mayor sentence should maximum to be taken from reclusion the next lower temporal penalty of prision medium, which correctional max is the penalty to prision mayor next lower to medium, or 4 reclusion years, 2 months, temporal and 1 day to 10 maximum to years. death, the penalty for It is the courts murder. discretion to fix the minimum If there was 1 sentence within mitigating the said range circumstance without and no reference to the aggravating technical circumstance, subdivisions of the maximum max, med, and penalty should min periods. be in the minimum period, CASE, the that is, prision minimum was mayor fixed at 7 years maximum, or 10 and the years and 1 day indeterminate
to 12 years, leaving to the court the precise time to be served within said range. The court is not bound to fix said maximum sentence at 12 years, the longest imprisonment possible. CASE, a maximum sentence of 10 years and 1 day was held to be proper under the circumstances.
sentence imposed was 7 years of prision mayor as minimum to 10 years and 1 day of prision mayor as maximum. (Ducosin case, supra)
NOTES: In imposing a prison sentence for an offense punished by the RPC or SPL, the court shall sentence the accused to an indeterminate sentence, which has a maximum and a minimum term based on the penalty actually imposed. The modifying circumstances are considered only in the imposition of the maximum term of the indeterminate sentence and not to be considered in fixing the minimum. COVERAGE: The Indeterminate Sentence Law shall not apply to the following persons: (a) Sentenced to death penalty or life imprisonment (b) Treason, or conspiracy or proposal to commit treason (c) Misprision of treason, rebellion, sedition or espionage (d) Piracy (e) Habitual delinquents (f) Escaped from confinement, or evaded sentence (g) Granted with conditional pardon by the President, but violated the terms thereof (h) Maximum term of imprisonment does not exceed 1 year (i) Sentenced to the penalty of destierro or suspension only
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CONDITIONS OF PAROLE: To determine whether a prisoner should be paroled or released after serving the minimum sentence, the Board looks into the physical, mental and moral record of the prisoners who are eligible to parole and determines the proper time of release of such prisoners. RELEASE OF THE PRISONER ON PAROLE: The Board of Pardons and Parole may authorize the release of a prisoner on parole, after he shall have served the minimum penalty imposed on him, provided that: o Such prisoner is fitted by his training for release, o There is reasonable probability that he will live and remain at liberty without violating the law, o Such release will not be incompatible with the welfare of society. ENTITLEMENT TO FINAL RELEASE AND DISCHARGE: If during the period of surveillance such paroled prisoner shall: (a) show himself to be a law abiding citizen and, (b) shall not violate any law, the Board may issue a final certification in his favor, for his final release and discharge. SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE: When the paroled prisoner shall violate any of the conditions of his parole: (a) the Board may issue an order for his arrest, and thereafter, (b) the prisoner shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE SENTENCE: The minimum and maximum terms in the Indeterminate Sentence must be fixed, because they are the basis for the following: 1. Whenever a prisoner has: (a) served the MINIMUM penalty imposed on him, and (b) is fit for release of the prisoner on parole, upon terms and conditions prescribed by the Board. 2. But when the paroled prisoner violates any of the conditions of his parole during the period of surveillance, he may be rearrested to serve the
3.
remaining unexpired portion of the MAXIMUM sentence. Even if a prisoner has already served the MINIMUM, but he is not fitted for release on the parole, he shall continue to serve until the end of the MAXIMUM term. MAXIMUM TERM If no mitigating or aggravating circumstan ce MINIMUM TERM Reclusion Anywhere temporal within the medium range of prision mayor, the penalty next lower from reclusion temporal Reclusion Anywhere temporal within the minimum range of prision mayor without reference to any of its period. Reclusion Anywhere temporal within the maximum range of after prision consideri mayor ng the without aggravati reference ng to any of its circumsta period. nce
UNDER RPC A penalty of reclusion temporal was imposed upon an accused for committing homicide.
If there is one ordinary mitigating circumstan ce
If there is one aggravating circumstan ce
UNDER SPECIAL LAWS Accused is convicted of illegal possession of firearms punishable by 1 year and 1 day to 5 years of imprisonment
Shall not be less than the minimum of 1 year and 1 day prescribed by law.
Shall not exceed 5 years as fixed by law
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II. THREE-FOLD RULE (ART. 70) If an accused has to serve more than 3 sentences, he cannot be sentenced to more than 3 times the most severe penalty that may be imposed on him for the various crimes he might have committed. Purpose: (as well as of the 40-year limit) To avoid the absurdity of a man being sentenced to imprisonment for a longer period than his natural life. NOTES: Applies although the penalties were imposed for different crimes, at different times, and under separate informations. If the sentence is indeterminate, the basis of the threefold-rules is the maximum sentence. THREE-FOLD RULE: 1. The maximum duration of the convicts sentence shall not exceed 3 times the length of time corresponding to the most severe of the penalties 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 imprisonment shall be excluded in computing for the maximum duration. II. SUBSIDIARY IMPRISONMENT Failure to pay pecuniary penalty subjects the accused to subsidiary imprisonment
F. EXECUTION AND SERVICE I. PROBATION LAW (P.D. NO. 968) (a) Definition of terms PROBATION is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer PETITIONER is a convicted defendant who files a formal application for probation PROBATIONER is a person placed on probation
PROBATION OFFICER is a person who investigates for the court a referral for probation or supervises a probationer or both, and performs other related duties as directed. NOTES: Probation is not an absolute right. It is a mere privilege whose grant rests upon the discretion of the trial court. Its grant is subject to certain terms and conditions that may be imposed by the trial court. Having the power to grant the probation, it follows that the trial court also has the power to order its revocation in a proper case and under proper circumstances. (b) Purpose 1. To promote the correction and rehabilitation of an offender by providing him with individualized treatment; 2. To provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence; and 3. To prevent the commission of offenses (c) Grant of probation, manner and conditions RULES ON GRANT OF PROBATION: 1. After having convicted and sentenced a defendant, the trial court may suspend the execution of the sentence, and place the defendant on probation, upon application by the defendant within the period for perfecting an appeal. 2. Probation may be granted whether the sentence imposed a term of imprisonment or fine only. 3. If the defendant has perfected an appeal, no application will be granted. 4. Filing of application for probation operates as a waiver of the right to appeal. 5. The order granting or denying probation shall not be appealable. 6. Accessory penalties are deemed suspended once probation is granted. 7. The convict is not immediately placed on probation. There shall be a prior investigation by the probation officer and a determination by the court. There are two kinds of conditions imposed upon the offender under probation: 1. Mandatory or general: once violated, the
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2.
probation is cancelled a. The offender under probation must present himself to the probation officer designated to undertake his supervision, at such place as may be specified in the order, within 72 hours from receipt of order. b. He should report to the probation officer at least once a month. Discretionary or special: additional conditions which the court may impose for the probationers correction and rehabilitation outside prison. The enumeration is not exclusive. (d) Criteria of placing an offender on probation All information relative to the character, antecedents, environment, mental, and physical condition of the offender (e) Available institutional resources. and community
1. Probation is to be denied upon finding of the court that: 1. The offender is in need of correctional treatment that can be provided effectively by his commitment to an institution. 2. There is undue risk of committing another crime. 3. Probation will depreciate the seriousness of the offense committed. (f) Disqualified offenders The benefits of the Decree shall not be extended to those: 1. Sentenced to serve a maximum term of imprisonment of more than 6 years 2. Convicted of subversion or any crime against the national security or public order 3. Previously convicted by final judgment of an offense punished by imprisonment of not less than 1 month and 1 day and/or a fine not less than P200 4. Once placed on probation 5. Who appealed 6. Convicted of drug trafficking or drug pushing 7. Convicted of election offenses under the Omnibus Election Code.
(g) Period of probation TERM OF IMPRISONMENT DURATION Not more than 1 year Probation shall not exceed 1 year More than 1 year Probation shall not exceed 6 years When penalty is a fine only Probation shall be twice and offender is made to the total number of days serve subsidiary of subsidiary imprisonment imprisonment (h) Arrest of probationer At any time during probation, the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. If violation is established, the court may: 1. Revoke his probation, and thus make him serve the sentence originally imposed, or 2. Continue his probation and modify its conditions Note: The court order shall not be subject to appeal. (i) Termination of probation; exception Probation is not coterminous with its period. There must be an order issued by the court discharging the probationer. Upon finding that he has fulfilled the terms and conditions of his probation, the court may order the final discharge of the probationer. This shall have the following effects: 1. Case is deemed terminated 2. All civil rights lost or suspended are restored 3. Offenders liability for any fine imposed is discharged WHO ARE DISQUALIFED FOR PROBATION UNDER SPECIAL LAWS I. COMPREHENSIVE DANGEROUS DRUGS ACT (R.A. 9165) Sec. 24 - Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law.
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II. JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R.A. 9344); ALSO REFER TO CHILD AND YOUTH WELFARE CODE (P.D. 603, AS AMENDED) Under R.A. 9344 (Juvenile Justice and Welfare Act), a minor 15 years (At the time of the commission of the crime) and below is exempt from criminal liability. (a) Definition of child in conflict with the law CHILD IN CONFLICT WITH THE LAW refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. NOTE: If such minor acted with discernment, he is criminally liable. DISCERNMENT is the mental capacity to fully appreciate the consequences of the unlawful act, which is shown by the: 1. Manner the crime was committed and 2. Conduct of the offender after its commission. Presumption: The minor committed the crime without discernment. (b) Exemption from criminal liability Under R.A. 9344 a minor over 15 but below 18 who acted without discernment is exempt from criminal liability (c) Juvenile justice and welfare system AGE CRIMINAL RESPONSIBILITY/EFFECT < 15years Absolute irresponsibility, exempting circumstance * as amended by RA 9344 15years Absolute irresponsibility, exempting circumstance * as amended by RA 9344 15 < and < 18 Conditional responsibility Without discernment not criminally liable When the youthful offender has reached the age of eighteen while in commitment, the court shall determine whether: 1. To Dismiss the case, if the youthful offender has behaved properly and has shown his capability to be a useful member of the community, or
2.
To Pronounce the judgment of conviction, if the conditions mentioned are not met. In the latter case, the convicted offender may apply for Probation. In any case, the youthful offender shall be credited in the service of his sentence with the full time spent in actual commitment and detention.
NOTE: The final release of a youthful offender, based on good conduct as provided in Art. 196 of P.D. 603 shall not obliterate his civil liability for damages
G. DISTINGUISHED FROM PREVENTIVE IMPRISONMENT PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT (ART. 29) PREVENTIVE IMPRISONMENT is the period of detention undergone by an accused where the crime with which he is charged is non-bailable or, even if bailable he is unable to post the requisite bail. RULES IN DEDUCTING PERIOD OF PREVENTIVE IMPRISONMENT: 1. If the detention prisoner agrees voluntarily in wring to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of their sentence with the full time during which they have undergone preventive imprisonment. 2. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited only with 4/5 the time during which he has undergone preventive imprisonment. NOTE: Under the Child and Youth Welfare Code (PD 603), the youthful offender shall be credited in the service of his sentence with the full time he spent in actual confinement and detention. It is not necessary that he agreed to abide by the disciplinary rules imposed upon convicted prisoners. Offenders not entitled to be credited with the full time or four-fifths of the time of their preventive imprisonment: 1. Recidivists or those convicted previously twice or
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2.
more times of any crime Habitual delinquents are not entitled to credit of time under preventive imprisonment since he is necessarily a recidivist or has been convicted previously twice or more times of any crime. Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily (convicts who failed to voluntarily surrender under a final judgment; not those who failed or refused to voluntarily surrender after the commission of the crime)
e. Amnesty
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NOTES: Credit is given in the service of sentences consisting of deprivation of liberty (imprisonment and destierro), whether perpetual or temporal. Thus, persons who had undergone preventive imprisonment but the offense is punishable by a fine only would not be given credit. The accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for offense charged. If the penalty imposed is arresto menor to destierro, the accused who has been in prison for 30 days (arresto menor to 30 days) should be released because although the maximum penalty is destierro (6 months and 1 day to 6 years), the accused sentenced to such penalty does not serve it in prison.
END OF DISCUSSION OF TOPIC 5. PENALTIES =============================================
6. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY

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TOPIC UNDER THE SYLLABUS: 6. Modification and Extinction of Criminal Liability a. Prescription of Crimes b. Prescription of Penalties c. Pardon by Offended Party d. Pardon by the Chief Executive
6. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY A. EXTINCTION OF CRIMINAL LIABILITY Art. 89. How criminal liability is totally extinguished. Criminal liability is totally extinguished: 1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. 2. By service of the sentence; 3. By amnesty, which completely extinguishes the penalty and all its effects; 4. By absolute pardon; 5. By prescription of the crime; 6. By prescription of the penalty; 7. By the marriage of the offended woman, as provided in Article 344 of this Code. Extinction of criminal liability does not necessarily mean that the civil liability is also extinguished. I. DEATH OF THE CONVICT GENERAL RULE: The death of the accused pending the appeal of his conviction extinguishes his criminal and civil liability based solely on the offense committed. EXCEPTION: Civil liability arising from sources other than the crime committed survives and may be pursued in a separate civil action. Sources of civil liability other than crime are law, contracts, quasi-contracts, and quasi-delicts. As to the personal penalties and as to pecuniary penalties, liability is extinguished only when the death of the offender occurs before final judgment. Death of the convict, whether before or after final judgment, extinguishes criminal liability. RULES Civil liability is extinguished only when death occurs before final judgment. Criminal and civil liability is extinguished when the offender dies before final judgment.
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But claim for civil liability survives if it may be predicated on a source of obligation other than delict, such as law, contracts, quasi-contracts and quasi-delicts If the private offended party desires to recover damages from the same act or omission complained of, he must file a separate civil action which is not lost by prescription of death, predicated not on the felony previously charged but on other sources of obligation.
II. SERVICE OF SENTENCE Crime is a debt incurred by the offender as a consequence of his wrongful act and the penalty is but the amount of his debt. Service of sentence does not extinguish the civil liability. Salgado v. Court of Appeals, [189 SCRA 304, 310] III. MARRIAGE OF THE OFFENDED WOMAN AS PROVIDED IN ARTICLE 344 OF THE RPC Marriage of the offender with the offended woman after the commission of any of the crimes of rape, seduction, abduction or acts of lasciviousness must be contracted by the offender in good faith. Marriage contracted only to avoid criminal liability is devoid of legal effects. People v. Santiago, [51 Phil. 68, 70]
B. PRESCRIPTION OF CRIMES Art. 90. Prescription of crime. Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years. The crime of libel or other similar offenses shall prescribe in one year. The crime of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months. When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article. (As amended by RA 4661, approved June 19, 1966). PRESCRIPTION OF THE CRIME is the forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain time. I. PRESCRIPTIVE PERIODS 1. Crimes punishable by Death, reclusion perpetua or reclusion temporal: 20 years Afflictive penalties: 15 years Correctional penalties: 10 years o If arresto mayor: 5 years 2. Libel: 1 year 3. Offenses of oral defamation and slander by deed: 6 months Simple slander: 2 months Grave slander: 6 months 4. Light offenses: 2 months 5. Crimes punishable by fines Afflictive: 15 years Correctional: 10 years Light: 2 months Where the last day of the prescriptive period for filing an information falls on a Sunday or legal holiday, the information can no longer be filed on the next day as the crime has already prescribed. Yapdiangco v. Buencamino, [122 SCRA 713] Defense of prescription may be raised during the trial or during the appeal, and is a ground for the acquittal of the accused. The accused cannot be convicted of an offense lesser than that charged if the lesser offense had already prescribed at the time the information was filed.
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II. WHEN PENALTY IS COMPOUND When the penalty is a compound one, the highest penalty is the basis of the application of the rules in Article 90. III. VIOLATIONS PENALIZED BY SPECIAL LAWS Act No. 3763, provides: 1. Offenses punished only by a fine or by imprisonment for not more than one month, or both: 1 year 2. Offenses punished by imprisonment for more than one month, but less than two years: 4 years 3. Offenses punished by imprisonment for 2 years or more but less than 6 years: 8 years 4. Offenses punished by imprisonment for 6 years of more: 12 years 5. Offenses under Internal Revenue Law: 5 years 6. Violations of municipal ordinances: 2 months 7. Violations of the regulations or conditions of certificate of convenience by the Public Service Commission: 2 months But the act is not applicable where the special law provides for its own prescriptive period. Prescription of violations penalized by special laws and ordinances shall begin to run from the day of the commission of the violation of the law, and if the same be not known at the time, from the discovery thereof and the institution of judicial proceedings for its investigation and punishment. The prescription shall be interrupted when proceedings are instituted against the guilty person, and shall begin to run again if the proceedings are dismissed for reasons not constituting jeopardy. However, in Romualdez v. Marcelo, et al., [G.R. No. 165510-33, July 28, 2006], the Court ruled that the running of the prescription of an offense punished by a special law is not tolled by the absence of the offender from Philippine soil. V. COMPUTATION OF PRESCRIPTION OF OFFENSES Art. 91. Computation of prescription of offenses. The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. The term of prescription shall not run when the offender is absent from the Philippine Archipelago. OUTLINE: 1. Prescription begins to run from the day on which the crime is discovered by the offended party, the authorities, or their agents 2. It is interrupted by the filing of the complaint or information. 3. It commences to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to him. 4. The term of prescription shall not run when the offender is absent from the Philippines. The fact that the culprit is unknown will not prevent the period of prescription from commencing to run because it is the discovery of the crime, and not the discovery of the offender. It is also not necessary that the accused is arrested. EXCEPTIONS TO ARTICLE 91: 1. Continuing crimes 2. In crimes against false testimony Testimony against the defendant: from the date final judgment was rendered Testimony in favor of the defendant: from the date when the testimony was given 3. Election offenses If discovery of the offense is incidental to judicial proceedings: begins when such proceeding terminates; otherwise, from the fate of commission of the offense 4. Bigamy: begins from date of discovery The complaint or information that will interrupt the period of prescription must be the proper information or complaint corresponding to the offense. If the complaint is amended and charges a different crime, the date of the amended complaint or information should be considered. If it is merely a correction of a defect, the date of the original complaint or information should be considered.
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C. PRESCRIPTION OF PENALTIES Art. 92. When and how penalties prescribe. The penalties imposed by final sentence prescribe as follows: 1. Death and reclusion perpetua, in twenty years; 2. Other afflictive penalties, in fifteen years; 3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years; PRESCRIPTION OF THE PENALTY is the loss or forfeiture of the right of the Government to execute the final sentence after the lapse of a certain time. I. CONDITIONS The penalties must be imposed by final sentence. If the convict appealed and thereafter fled to the mountains, the penalty imposed upon him would never prescribe, because pending the appeal, the sentence is not final. If the accused was never arrested to serve his sentence, the prescriptive period cannot commence to run. II. PRESCRIPTIVE PERIODS 1. Death and reclusion perpetua: 20 years 2. Other afflictive penalties: 15 years 3. Correctional penalties: 10 years Arresto mayor: 5 years 4. Light penalties: 1 year III. PRESCRIPTION OF CRIMES VS. PRESCRIPTION OF PENALTIES In prescription of crimes, it is the penalty prescribed by law that should be considered; in prescription of penalties, it is the penalty imposed that should be considered. IV. COMPUTATION OF PRESCRIPTION OF PENALTIES Art. 93. Computation of the prescription of penalties. The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should give himself
up, be captured, should go to some foreign country with which this Government has no extradition treaty, or should commit another crime before the expiration of the period of prescription. OUTLINE: 1. Prescription of penalties commences to run from the date when the culprit evaded the service of his sentence. 2. It is interrupted if the convict Gives himself up Captured Goes to a foreign country with which we have no extradition treaty, or Commits another crime before the expiration of the period of prescription ELEMENTS: 1. That the penalty is imposed by final sentence; 2. That the convict evaded the service of the sentence by escaping during the term of his sentence; 3. That the convict who escaped from prison has not given himself up, or been capture, or gone to a foreign country with which we have no extradition treaty, or committed another crime; and 4. That the penalty has prescribed, because of the lapse of time from the date of the evasion of the service of the sentence by the convict. Evading the service of the sentence is not committing a crime before the expiration of the period of prescription of penalties. Acceptance of conditional pardon interrupts the prescriptive period.
D. PARDON BY THE OFFENDED PARTY If the one giving the pardon is the offended spouse in adultery, both offenders must be pardoned by the offended party if said pardon is to be effective. People v. Infante, [57 Phil. 138] E. PARDON BY THE CHIEF EXECUTIVE PARDON is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from
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the punishment the law inflicts for the crime he has committed. It must be given after final judgment, otherwise, there will be violation of the doctrine of Separation of Powers. I. KINDS OF PARDON 1. Conditional Exemption of an individual within certain limits or conditions from the punishment which the law inflicts for the offense he had committed resulting in the partial extinction of his criminal liability. 2. Absolute Total extinction of criminal liability of the individual to whom it is granted without any condition Restores to the individual his civil and political rights and remits the penalty imposed for the particular offense of which he was convicted A pardon, whether absolute or conditional, is in the nature of a deed, for the validity of which delivery is an indispensable requisite. Until accepted, all that may have been done is a matter of intended favor and may be cancelled. But once accepted by the grantee, the pardon already delivered cannot be revoked by the authority which granted it.
President with the concurrence of Congress, is a public act of which the courts should take judicial notice Makes an ex-convict no longer a recidivist, because it obliterates the last vestige of the crime
President which must be pleaded and proved by the person pardoned
Does not alter the fact that the accused is a recidivist as it produces only the extinction of the personal effects of the penalty Does not extinguish the civil liability of the offender

AMNESTY A blanket pardon to classes of persons who may be guilty of political offenses May be exercised even before trial or investigation is had Looks backward and abolishes and puts into oblivion the offense itself PARDON Includes any crime and is exercised individually by the President Exercised when the person is already convicted Looks forward and relieves the offender from the consequences of an offense of which he was convicted Does not work the restoration of the rights to hold office, suffrage, unless such rights be expressly restored by the terms of the pardon A private act of the
Person released by amnesty stands before the law precisely as though he had committed no offense A proclamation of the
F. AMNESTY AMNESTY is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually exerted in behalf of certain classes or persons, who are subject to trial but have not yet been convicted. Brown v. Walker, [161 U.S. 602] It completely extinguishes the penalty and all its effects. It may also be granted after conviction, but civil liability is not extinguished by amnesty. G. PARTIAL EXTINCTION OF CRIMINAL LIABILITY Art. 94. Partial Extinction of criminal liability. Criminal liability is extinguished partially: 1. By conditional pardon; 2. By commutation of the sentence; and 3. For good conduct allowances which the culprit may earn while he is serving his sentence. I. CONDITIONAL PARDON CONDITIONAL PARDON delivered and accepted is considered a contract between the sovereign power of the executive and the convict that the former will release the latter upon compliance with the condition. Art. 95. Obligation incurred by person granted conditional pardon. Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall result in the revocation of
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the pardon and the provisions of Article 159 shall be applied to him. OUTLINE: 1. He must comply strictly with the conditions imposed in the pardon. 2. Failure to comply with the conditions shall result in the revocation of the pardon. Under Sec. 64(i), R.A.C., the Chief Executive may ordre his arrest and reincarceration. 3. He becomes liable under Art. 159. This is the judicial remedy. II. COMMUTATION OF THE SENTENCE it is a change of the decision of the court made by the Chief Executive by reducing the degree of the penalty inflicted upon the convict, or by decreasing the length of the imprisonment or the amount of the fine. Art. 96. Effect of commutation of sentence. The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former. CASES WHEN COMMUTATION IF PROVIDED FOR BY THE RPC: When the convict sentenced to death is over 70 years of age. (Art. 83) When 8 justices of the Supreme Court fail to reach a decision for the affirmance of the death penalty. The consent of the offender is not necessary. III. FOR GOOD CONDUCT Art. 97. Allowance for good conduct. The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence: 1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior; 2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior; 3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a
deduction of ten days for each month of good behavior; and 4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior. There is no allowance for good conduct while the prisoner is released under conditional pardon. There reason is that the good conduct time allowance is given in consideration of the good conduct observed by the prisonder while serving his sentence. Art. 98. Special time allowance for loyalty. A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article. Art. 99. Who grants time allowances. Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be revoked. The SPECIAL TIME ALLOWANCE FOR LOYALTY OF PRISONER is a deduction of 1/5 of the period of the sentence of a prisoner who, having evaded the service of his sentence during the calamity or catastrophy mentioned in Art. 158, gives himself up to the authorities within 48 hours following the issuance of the proclamation by the President anouncing the passing away of the calamity or catastrophe. The deduction of 1/5 is based on the original sentence. The allowance for good conduct is not an automatic right. It must be granted by the Drirector of Prisons. IV. PAROLE PAROLE consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting a pardo, prescribing the terms upon which the sentence shall be suspended. If the convict failes to observe the conditions of the parole, the Board of Pardons and Parole is authorized to direct his arrest and return to custody and thereafter
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to cary out his sentence without deduction of the time that has elapsed between the date of the parole and the subsequent arrest. The mere commission, not conviction by the court, of any crime is sufficient to warrant parolees arrest and reincarceration. CONDITIONAL PARDON PAROLE May be given at any time May be given after the after final judgment prisoner has served the minimum penalty Granted by the Chief Granted by the Board of Executive under the Pardons and Parole under providsions of the the provision of hte Administrative Code Indeterminate Sentence Law When conditions are When conditions are violated, the convict may violated, the convict may be ordered rearrested or be ordered rearrested or reincarcerated by the reincarcerated by the Chief executive, or may be Chief executive prosecuted under Art. 159
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CRIMINAL

LAW BAR REVIEWER

FACULTY ADVISER ACADEMICS HEAD SUBJECT HEADS

CRIMINAL LAW BOOK I

I. REVISED PENAL CODE

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CRIMINAL LAW BOOK I

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g. Complex Crimes vs. Special Complex Crimes =================================

END OF DISCUSSION ON TOPIC 1. FUNDAMENTAL PRINCIPLES ======================================

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liability of the offenders The act of one is the act of all

It is not the execution of the felony that is proposed

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END OF DISCUSSION ON TOPIC 2. FELONIES

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3. CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

e. Alternative Circumstances f. Absolutory Cause

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WHO/WHAT IS AFFECTED NATURE OF ACT EXISTENCE OF A CRIME

JUSTIFYING Act Act is considered legal None

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PROVOCATION Made directly only to the person committing the felony

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Disregard of old age not aggravating in robbery with homicide

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That the act be committed with obvious ungratefulness.

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