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commission. EXCEPTION: a. When a new statute dealing with the crime established conditions more lenient or favorable to the accused, it can be given a retroactive effect. BUT THIS EXCEPTION HAS NO APPLICATION WHEN: the new law is expressly made inapplicable to pending actions or existing causes of actions. the offender is a habitual criminal.
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VESSELS
1. A Philippine vessel or aircraft must be understood as that which is registered in the Philippine Bureau of Customs. Disorders which disturb only the peace of the ship or those on board are to be dealt with exclusively by the sovereignty of the
2.
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
3.
home of the ship, but those which disturb the public peace may be suppressed, and, if need be, the offenders punished by the proper authorities of the local jurisdiction. In case vessels are in the ports or territorial waters of a foreign country, a distinction must be made between the merchant ships and warships. The former are more or less subjected to the territorial laws. Warships are always reputed to be the territory of the country to which they belong and cannot be subjected to the laws of another state.
exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent, if not from instinct, then through fear of incurring punishment. 3. Mala Prohibita- this is the third class of crimes specifically punishable by SPECIAL LAWS, and where criminal intent (or criminal negligence) is not, as a rule, necessary--- it being sufficient that the offender has the intent to perpetrate the act prohibited by the special law. When the doing of an act is prohibited by a special law, the act is injurious to public welfare and the doing of the prohibited act is the crime itself. The act alone, irrespective of its motives, constitutes the offense, and so good faith is not a defense. However, when the act penalized under the Special Law is inherently wrong, good faith and lack of criminal intent are valid defenses.
ART. 3. FELONIES
GENERAL ELEMENTS OF FELONIES:
1. That there must be an act or omission. But only external acts are punishable, internal acts are beyond the sphere of penal laws. That the act or omission must be punishable by the Revised Penal Code; the reason being, nullum crimen, nulla poena sine lege- there is no crime when there is no law punishing it. That the act is performed or the omission incurred by means of dolo or culpa.
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3. The act gives rise to a crime only when it is consummated. There are NO attempted or frustrated stages.
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CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
Malum in se
commission of the crime. 4. Penalty may vary depending on the presence or absence of CIRCUMSTANCES.
Malum prohibitum
natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. One is NOT relieved from criminal liability for the natural consequences of ones illegal acts merely because one does not intend to produce such consequences, as long as the felony committed was the proximate cause.
5. Where there are more than one offender, the degree of PARTICIPATION of each in the commission of the crime is taken into account in imposing the penalty. Thus offenders are classified principals, accomplices and accessories.
5. The degree of participation of any offender is NOT considered. All those who perpetrated the prohibited act are penalized to the same extent. There is no principal or accomplice or accessory to consider.
1. the act done would have been lawful had the facts been as accused believed them to be 2. the intention of the accused in doing the act was lawful 3. the mistake was without fault or carelessness on the part of the accused REQUISITES FOR AN IMPOSSIBLE CRIME (ART. 4, PAR. 2): 1. That the act performed would be an offense against persons or property 2. That the act was done with evil intent 3. That its accomplishment is inherently impossible, OR that the means employed is either inadequate or ineffectual. 4. That the act performed should not constitute a violation of another provision of the Revised Penal Code. The purpose of the law in punishing impossible crime is to teach the offender a lesson for his criminal perversity. There is no such thing as an attempted or frustrated impossible crime.
DISTINCTIONS
INTENT 1. purpose to use particular means to effect such result 2. element of the crime, except in malum prohibita 3. essential in intentional felonies MOTIVE 1. moving power which impels one to act 2. NOT an element of the crime 3. essential only when the identity of the perpetrator is in doubt
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
violation of a precept of law. 2. FRUSTRATED FELONY - It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence, but which nevertheless do not produce it, by reason of causes independent of the will of the perpetrator. ELEMENTS: (CODE: APNI) 1. The offender performs all the acts of execution 2. All the acts performed would produce the felony as a consequence 3. But the felony is not produced 4. By reason of causes independent of the will of the perpetrator The belief of the accused is NOT considered. What should be considered is whether all the acts of execution performed by the offender would produce the felony as a consequence. 3. ATTEMPTED FELONY - There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony, by reason of some cause or accident other than his own spontaneous desistance. ELEMENTS: 1 (Code : C-A-OA) 1. The offender commences the commission of the felony directly by overt acts 2. He does not perform all the acts of execution which should produce the felony 3. The offenders act be not stopped by his own spontaneous desistance; 4. The non-performance of all acts of execution was due to cause or accident other than his own spontaneous desistance. OVERT ACTS: Some physical activity or deed, indicating 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 voluntary desistance of the perpetrator will logically ripen into a concrete offense.
the purpose of the offender in performing an act is not certain. Only offenders who personally executed the commission of a crime can be guilty of attempted felony. But one who takes part only in the planning of a criminal act, but desists in its actual commission, is as a rule exempt from criminal liability. TWO STAGES IN THE DEVELOPMENT OF A CRIME: 1. Internal acts, such as mere ideas in the mind of a person, are not punishable even if they would constitute a crime, had they been carried out. 2. External acts cover a) preparatory acts and b) acts of execution. a. Preparatory acts are ordinarily not punishable. But preparatory acts, considered by law as independent crimes, are punishable. An example is the possession of picklocks under Art. 304, RPC, which is a preparatory act to the commission of robbery. b. Acts of execution are punishable under the Revised Penal Code. FACTORS TO CONSIDER IN DETERMINING WHETHER THE FELONY IS ATTEMPTED, FRUSTRATED OR CONSUMMATED: 1. Nature of the offense 2. Elements constituting the felony 3. Manner of committing the felony
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CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
CIRCUMSTANCES
DEFINITIONS: 1. Justifying circumstances are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. There is no civil liability, except in par. 4 of Art. 11, where the civil liability is borne by the persons benefited by the act. 2. Confession and avoidance the accused admits the offense charged but invokes justifying or exempting circumstances to evade the penalty.
1. SELF-DEFENSE
REQUISITES: 1. unlawful aggression; 2. reasonable necessity of the means employed to prevent or repel it; and 3. lack of sufficient provocation on the part of the person defending himself Unlawful aggression is equivalent to assault or at least threatened assault of an immediate and imminent kind. NOT considered unlawful aggression: a. Insulting words addressed to the accused, no matter how objectionable they may have been, without physical assault, could NOT constitute unlawful aggression. b. A mere threatening or intimidating attitude, not preceded by an outward and material aggression, is NOT unlawful aggression, because is it required that the act be offensive and positively strong, showing the wrongful intent of the aggressor to cause an injury. Necessity must be both on the means employed and the action taken. Reasonableness of the means employed depends upon the nature and quality of the (1) weapon used by the aggressor, and (2) his physical condition, character, size and other circumstances, (3) and those of the person defending himself, (4) and also the place and occasion of the assault. Test of reasonable necessity: What the law requires is rational equivalence, in consideration of which will enter as principal factors the following: (1) the emergency and imminent danger to which the person attacked is exposed, and (2) the instinct, more than reason, that moves or impels the defense. Proportionateness rests upon the imminent danger and not upon the harm done. NOT required for reasonable necessity: Perfect equality between the weapons used
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
by the one defending himself and that of the aggressor is not required, nor material commensurability between the means of attack and defense. Reason: This is because the person assaulted does not have sufficient tranquility of mind to think and to calculate. Reason why penal law makes self-defense lawful: It would be quite impossible for the State in all cases to prevent aggression upon its citizens (and even foreigners) and offer protection to the person justly attacked. On the other hand, it cannot be conceived that a person should succumb to an unlawful aggression without offering any resistance. Rights included in self-defense: Self-defense includes not only the defense of the person or body of the one assaulted but also that of his rights, the enjoyment of which is protected by law. 1. Includes the right to honor. Hence, a slap on the face is considered as unlawful aggression directed against the honor of the actor, 2. Includes defense of property rights, only if there is also an actual and imminent danger on the person of the one defending.
necessity is based not on the act committed, but on the benefit derived from the state of necessity. a. So the accused will not be civilly liable if he did not receive any benefit from the state of necessity. b. On the other hand, persons who did not participate in the damage or injury would be pro tanto civilly liable if they derived benefit out of the state of necessity.
2. DEFENSE OF RELATIVES
RELATIVES THAT CAN BE DEFENDED: (CODE: SADB4) 1. Spouse 2. Ascendants 3. Descendants 4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees. 5. Relatives by consanguinity within the fourth civil degree That fact that the relative defended gave provocation is immaterial.
3. DEFENSE OF STRANGER
WHO ARE DEEMED STRANGERS? Any person not included in the enumeration of relatives mentioned in paragraph 2 of this article, is considered stranger for the purpose of paragraph 3. Hence, even a close friend or a distant relative is a stranger within the meaning of paragraph 3.
BASIS: The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused.
DISTINCTIONS
(CODE: AL-C-L) JUSTIFYING CIRCUMSTANCE 1. It affects the act not the actor. EXEMPTING CIRCUMSTANCE 1. It affects the actor not the act.
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
2. The act is considered to have been done within the bounds of law; hence, legitimate and lawful in the eyes of the law. 3. Since the act is considered lawful, there is no crime.
2.
The act complained of is actually wrongful, but the actor is not liable.
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Discernment may be shown by (1) the manner the crime was committed, or (2) the conduct of the offender after its commission
4. Since there is no crime, nor a criminal, there is also no liability, criminal nor civil.
3. Since the act complained of is actually wrong, there is a crime; but the since actor acted without voluntariness, there is no dolo nor culpa. 4. Since there is a crime committed though there is no criminal, there is civil liability.
4. A PERSON WHO WHILE PERFORMING A LAWFUL ACT WITH DUE CARE, CAUSES INJURY, BY MERE ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT
1. Accident is something that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences. 2. An accident presupposes lack of intention to commit the wrong done.
1. IMBECILITY OR INSANITY
1. Insanity or imbecility exists when there is a complete deprivation of intelligence in committing the act, that is, the accused is (1) deprived of reason, he acts without the least discernment, or that (2) there is a total deprivation of freedom of the will. An imbecile is exempt in all cases from criminal liability. But an insane person is not so exempt if it can be shown that he acted during a lucid interval. Also, when the accused was sane at the time of the commission of the crime, but he becomes insane at the time of the trial, he is criminally liable. The trial, however, will be suspended until the mental capacity of the accused is restored, in order to afford him a fair trial.
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6. A PERSON WHO ACTS UNDER THE IMPULSE OF UNCONTROLLABLE FEAR OF AN EQUAL OR GREATER INJURY
ELEMENTS: 1. That the threat which causes the fear is of an evil greater than, or at least equal to, that which he is required to commit; 2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it. Duress as a valid defense should be based on real, imminent, or reasonable fear for ones life or limb and should not be speculative, fanciful, or remote fear. Hence, duress is unavailing where the accused had every opportunity to run away if he had wanted to, or to resist any possible aggression because was also armed. DISTINGUISHED FROM IRRESISTIBLE FORCE: In irresistible force (par. 5), the offender uses violence or physical force to compel another person to commit a crime; in uncontrollable fear (par. 6), the offender employs intimidation or threat in compelling another to commit a crime.
2 TESTS OF INSANITY: 1. Test of COGNITION complete deprivation of intelligence in committing the crime. 2. Test of VOLITION total deprivation of freedom of will.
3. PERSON OVER NINE YEARS OF AGE AND UNDER FIFTEEN, ACTING WITHOUT DISCERNMENT
1. Discernment means mental capacity (i.e. of a minor) to fully appreciate the consequences of an unlawful act.
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CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
7. A PERSON WHO FAILS TO PERFORM AN ACT REQUIRED BY LAW, WHEN PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE.
ELEMENTS: 1. That an act is required by law to be done 2. That a person fails to perform such act 3. That his failure to perform such act was due to some lawful or insuperable cause.
As to the effect
ABSOLUTORY CAUSES
DEFINITION:
Absolutory causes are those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. Instigation is an absolutory cause. REASON: An instigator practically induces the would-be accused into the commission of the offense, and himself becomes a coprincipal. Sound public policy requires that the courts condemn this practice by directing the acquittal of the accused.
2. If not offset, it will operate to reduce the penalty to the minimum period, provided the penalty is a divisible one.
DISTINCTIONS
(CODE: OM) ORDINARY MITIGATING CIRCUMSTANCE
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CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
3.
It is necessary that the provocation or threat immediately preceded the act, i.e., that there be no interval of time between the provocation and the commission of the crime.
3.
The vindication of the grave offense may be proximate, which admits of an INTERVAL of time between the grave offense done by the offended party and the commission of the crime by the accused.
DISTINCTIONS
(CODE: D-GI) PROVOCATION 1. It is made directly only to the person committing the felony. 1. VINDICATION The grave offense may be committed also against the offenders relatives mentioned by law. The offended party must have done a grave offense to the offender or his relatives mentioned by law.
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The cause that brought about the provocation need not be a grave offense.
2.
REQUISITES OF VOLUNTARY SURRENDER: (Code: -ASV) 1. That the offender had not been actually arrested 2. That the offender surrendered himself to a person in authority or to the latters agent 3. That the surrender was voluntary. Meaning, for voluntary surrender to be appreciated, the same must be spontaneous in such a manner that it shows the interest of the accused to surrender unconditionally to the authorities.
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CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
REQUISITES OF VOLUNTARY PLEA OF GUILTY: (CODE: SCP) 1. That the offender spontaneously confessed his guilt; 2. That the confession of guilt was made in open court, that is, before the competent court that is to try the case; and 3. That the confession of guilt was made prior to the presentation of evidence for the prosecution. Meaning, plea of guilty in the RTC in a case appealed from the Municipal Court is not mitigating, because the plea of guilty must be made at the first opportunity (in this case, the Municipal Court).
CIRCUMSTANCES
1. GENERIC those that can generally apply to all crimes USUALLY: dwelling; nighttime; recidivism ENUMERATED: (1) Advantage taken of public position (2) Contempt or insult to public authorities (3) Commission in the dwelling of the offended party (4) Abuse of confidence; or obvious ungratefulness (5) Places of commission (6) Nighttime; uninhabited place; or band (7) Recidivism (8) Reiteracion (9) Craft, fraud, or disguise (10) Unlawful entry (11) By breaking wall, etc. (12) Aid of a minor (under 15 years) 2. SPECIFIC-- those that apply only to particular crimes. USUALLY: ignominy in crimes against chastity; or cruelty and treachery in crimes against persons ENUMERATED: (1) disregard of rank, age, or sex of offended party (2) superior strength; or means to weaken the defense (3) treachery (4) ignominy (5) cruelty 3. QUALIFYING those that change the nature of the crime. EXAMPLES: Alevosia (treachery), or evident premeditation qualifies the killing of a person to murder 4. INHERENT those that must, of necessity, accompany the commission of the crime. EXAMPLE: Evident premeditation is inherent in robbery, theft, estafa, adultery, or concubinage
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
2.
3.
other penalty than that specially prescribed by law for said crime. It cannot be offset by a an ordinary mitigating circumstance. It must be alleged in the information, otherwise it is a generic aggravating circumstance only.
It may be compensated by a mitigating circumstance. 4. Must also be alleged in the information. (2000 Criminal Proc) 2.
advantage of official position is made by law an integral element of the crime, such as in MALVERSATION under Art. 217, or in FALSIFICATION OF DOCUMENT COMMITTED BY PUBLIC OFFICERS UNDER ART. 171. Also, this circumstance is inherent in the case of ACCESSORIES UNDER ART. 19, PAR. 3, and in CRIMES COMMITTED BY PUBLIC OFFICERS (FOUND IN ARTS. 204-245).
MODIFICATIONS IN THE APPLICATION OF SOME AGGRAVATING CIRCUMSTANCES (Acs) (CODE: No Personal Knowledge)
1. ACs WHICH DO NOT HAVE THE EFFECT OF INCREASING THE PENALTY. Hence, (a) those which in themselves, constitute a crime specially punishable by law, and (b) those which are included by the law in defining a crime and prescribing the penalty therefor, shall NOT be taken into account for the purpose of increasing the penalty (Art. 62, par. 1). 2. ACs WHICH ARE PERSONAL TO THE OFFENDERS. Hence, those which arise: a) from the moral attributes of the offender, or b) from his private relations with the offended party, or c) from any other personal cause, shall only serve to aggravate the liability of the principals, accomplices, and accessories as to whom such circumstances are ATTENDANT (Art. 62, par. 3). 3. ACs WHICH DEPEND FOR THEIR APPLICATION UPON THE KNOWLEDGE OF THE OFFENDERS. Hence, those which consist 1) in the material execution of the act, or 2) in the means employed to accomplish it, shall serve to aggravate the liability of those persons only who had KNOWLEDGE of them at the time of the execution of the act or their cooperation therein (Art. 62, par. 4).
PARAGRAPH 1: ADVANTAGE TAKEN OF PUBLIC POSITION (cannot be offset by any mitigating circumstance)
1. ESSENCE: The public officer must use the influence, prestige, or ascendancy, which his office gives him, as the means by which he realizes his purpose. The essence of the matter is presented in the inquiry, Did the accused abuse his office in order to commit the crime? 2. NOT APPLIED: The circumstance, taking advantage of public position cannot be taken into consideration in offenses where taking
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CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
PARAGRAPH 3: DISREGARD OF RANK, AGE, OR SEX OF OFFENDED PARTY; OR COMMISSION IN THE DWELLING OF THE OFFENDED PARTY
If all the four circumstances enumerated in this paragraph are present, they have the weight of only one aggravating circumstance only.
Dwelling must be a building or structure, exclusively used for rest and comfort. It includes dependencies, the foot of the staircase and enclosure under the house. There must be NO provocation, in order to consider this AC. By PROVOCATION is meant, one which is: 1. Given by the owner of the dwelling, 2. Sufficient, and 3. Immediate to the commission of the crime. For this circumstance to be considered, it is NOT necessary that the accused should have actually entered the dwelling of the victim to commit the offense. It is enough that the victim was attacked inside his own house, although the assailant may have devised means to perpetrate the assault from without. DWELLING IS NOT AGGRAVATING IN THE FOLLOWING CASES: a. When both offender and offended party are occupants of the same house, even if the offended party is a servant in the house. BUT in adultery, it is still aggravating even if it was also the dwelling of the unfaithful wife, because of a very grave offense against the head of the house. BUT the rule is again different if both the unfaithful wife and the paramour were living, and had the right to live, in the same house of the offended spouse. b. In robbery by use of force upon things only, because dwelling is inherent. c. In trespass to dwelling because of same reason. d. When the dwelling does not actually belong to the offended party. HOWEVER, some decided cases considered temporary dwelling as when the offended party was (a) raped in her boarding house; (b) raped in their paternal home where they were sleeping as guests, etc. because the RPC speaks of dwelling and not domicile.
A. That the act be committed with insult or in disregard of the respect due the offended party on account of the
DEFINITIONS: a. rank of the offended party. There must be a difference in the social condition of the offender and the offended party. b. age of the offended party. Applies to cases where the victim is of tender age as well as of old age. c. sex of the offended party. This refers to the female sex, not to the male sex. This circumstance (rank, age, or sex) is applicable only in crimes against persons or honor. DISREGARD OF RANK, AGE, OR SEX IS NOT AGGRAVATING IN THE FOLLOWING CASES: a. When the offender acted with passion and obfuscation. b. When there exists a relationship between the offended party and the offender. c. When the condition of being a woman is indispensable in the commission of the crime. Thus, in (1) parricide, (2) abduction, or (3) seduction, sex is not aggravating. Is disregard of sex absorbed in treachery? There were 2 different rulings. 1. The earlier one says, disregard of sex is absorbed in treachery. 2. The later one says: the aggravating circumstance of disregard of sex and age are NOT absorbed in treachery because treachery refers to the manner of the commission of the crime, while disregard for sex and age pertains to the relationship to the victim (P v. Lapaz; March 31, 1989)
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
4. That the act be committed with obvious ungratefulness. The confidence between the offender and the offended party must be immediate and personal.
1. Public authorities are in the performance of their duties. 2. The public authorities are performing their duties outside of their office. 3. The public authority should not be the offended party.
1. Public authorities are in the performance of their duties. 2. The public authorities, who are in the performance of their duties, must be in their office. 3. The public authority may be the offended party.
DEFINITIONS: 1. For the purpose of impunity means to prevent his (accuseds) being recogni zed, or to secure himself against detection and punishment. 2. Nighttime is the period of darkness beginning at the end of dusk and ending at dawn. Nighttime by and of itself is not necessarily aggravating. TESTS: (1) the commission of the crime must begin and be accomplished in the nighttime; (2) the offense must be actually be committed in the darkness of the night. 3. An uninhabited place is one where there are no houses at all, a place at a considerable distance from town, or where the houses are scattered at a great distance from each other. TEST (OF UNINHABITED PLACE): But whether or not the crime is attended by this aggravating circumstance should be determined not by the distance of the nearest house from the scene of the crime, but whether or not in the place of the commission of the offense there was a reasonable possibility of the victim receiving some help. TEST (OF WHETHER OR NOT AGGRAVATING): 4. BAND --Whenever more than three armed malefactors shall have acted together in the commission of an offense it shall be deemed to have been committed by a band. Acted together-- means direct part in the execution of the act constituting the crime. Hence, if one of the four armed men is a principal by inducement only, they do not form a band, because a principal by inducement connotes that he has no direct participation in the perpetration thereof. BAND IS AGGRAVATING IN: (a) crimes against property (except in brigandage, because it is inherent); (b) crimes against persons (note rape, which is already a crime against persons), (c) illegal detention, and; (d) treason.
The place of the commission of the felony (par. 5), if it is Malacaang palace or a church, is aggravating, regardless of whether State or official or religious functions are being held. BUT there is a decided case to the effect that the offender must have the intention to commit a crime when he entered the place; i.e. she must have murder in her heart (P v. Jaurigue). The Chief executive need not be in Malacanang Palace. His presence alone in any place where the crime is committed is enough to constitute the aggravating circumstance, even if he is not engaged in the discharge of his duties in the place where the crime is committed. For the other public authorities, they must be actually engaged in the performance of duty.
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
ETC.
REQUISITES: 1. That armed men or persons took part in the commission of the crime, directly or indirectly. 2. That the accused availed himself of their aid or relied upon them when the crime was committed. Exceptions: 1. This aggravating circumstance shall not be considered when both the attacking party and the party attacked were equally armed. 2. This aggravating circumstance is not present when the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose.
DISTINCTIONS RECIDIVISM REITERACION 1. It is enough that a final judgment has been rendered in the first offense. 2. Recidivism requires that the offenses be included in the same title of the Code.
3. It is always to be taken into consideration in fixing the penalty to be imposed upon the accused.
DISTINCTIONS: BETWEEN PAR 8 (WITH AID OF ARMED MEN) AND PAR. 6 (BY A BAND)
By a band requires that more than three armed malefactors shall have acted together in the commission of an offense. Aid of armed men is present even if one of the offenders merely relied on their aid, for actual aid is not necessary.
PARAGRAPH 9: RECIDIVIST
DEFINITION: Recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code. REQUISITES: CODE: (TriPS CONVICTED) 1. That the offender is on trial for an offense; 2. That he was previously convicted by final judgment of another crime; 3. That both the first and the second offenses are embraced in the same title of the Code; 4. That the offender is convicted of the new offense. There is no recidivism if the subsequent conviction is for an offense committed before the offense involved in the prior conviction. When one offense is punishable by an ordinance or special law and the other by the Revised Penal Code, recidivism cannot be applied; the two offenses are not embraced in the same title of the Code. Recidivism must be taken into account as an aggravating circumstance no matter how many years have intervened between the first and second felonies.
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1. It is necessary that the offender shall have served out his sentence for the first offense 2. The previous and subsequent offenses must NOT be embraced in the same title of the Code 3. It is NOT always an aggravating circumstance
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
TEST: It is considered whenever there is a notorious inequality of forces between the victim and aggressor, assessing a superiority of strength notoriously advantageous for the aggressor, which is selected or taken advantage of by him in the commission of the crime. 2. Means to weaken the defense-- The offender employs means to materially weaken the resisting power of the offended party.
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
(Note: there is need to establish the manner by which offender attacked the victim. There is no presumption of aggravating circumstance, more so if qualifying)
that the wrong done was intended to prolong the suffering of the victim, causing him unnecessary moral and physical pain. Ignominy (par. 17) involves moral suffering, while cruelty (par. 21) refers to physical suffering.
THE ALTERNATIVE CIRCUMSTANCES ARE: 1. Relationship 2. Intoxication 3. Degree of instruction and education of the offender 1. RELATIONSHIP-The alternative circumstance of relationship shall be taken into consideration when the offended party is the CODE: (SADBA) 1. spouse 2. ascendant 3. descendant 4. legitimate, natural or adopted brother or sister, or relative by affinity in the same degree, of the offender. The relationship of stepfather or stepmother and stepson or stepdaughter is included by analogy to that of ascendant and descendant. WHEN MITIGATING AND WHEN AGGRAVATING: The law is silent as to when mitigating and when aggravating. 1. MITIGATING: As a rule, relationship is mitigating in crimes against property, by analogy to Art. 332 regarding Persons exempt from criminal liability. OF COURSE in view of Art. 332, when the crime committed is: (a) theft, (b) estafa, or (c) malicious mischief, relationship is exempting, and not merely mitigating. 2. AGGRAVATING. It is aggravating in crimes against persons in cases where the offended is a relative of a higher degree than the offender, or when the offender and the offended party are relatives of the same level, such killing a brother-in-law, a halfbrother, or an adopted brother.
PARAGRAPH 20: AID OF MINOR (UNDER 15 YEARS); OR BY MEANS OF MOTOR VEHICLES, ETC.
TWO DIFFERENT CIRCUMSTANCES ARE GROUPED IN THIS PARAGRAPH. The first one tends to repress the frequent practice resorted to by professional criminals to avail themselves of minors taking advantage of their irresponsibility; while the second one is intended to counteract the great facilities found by modern criminals in said means to commit crime, and then flee and abscond once the same is committed.
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
In crimes against chastity, relationship is always aggravating, regardless of whether the offender is a relative of a higher or lower degree of the offended party. However, relationship is neither mitigating nor aggravating, when relationship is an element of the offense. 2. INTOXICATION-By state of intoxication is meant that the offenders mental faculties must be affected by drunkenness. WHEN MITIGATING AND WHEN AGGRAVATING: 1. Mitigating, if intoxication is (1) not habitual, or 2) not subsequent to the plan to commit a felony. (He is not already conscious of his doing) consider the effect 2. Aggravating if intoxication is 1) habitual, or 2) if it is intentional (subsequent to the plan to commit a felony). 3. DEGREE OF INSTRUCTION AND EDUCATION OF THE OFFENDER- Low degree of instruction and education or lack of it is generally mitigating. High degree of instruction and education is aggravating, when the offender availed himself of his learning in committing the crime. Lack of instruction or low degree of it, is appreciated as mitigating circumstance in almost all crimes. EXCEPT in crimes, which are inherently wrong, of which every rational being is endowed to know and feel.
LIGHT FELONIES:
1. 2. Principals Accomplices
The treble division of persons criminally liable rests upon the very nature of their participation. The classification of the offenders as principal, accomplice, or an accessory is true only under the RPC but not in the special laws because the penalties under the latter are never graduated
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Two ways of directly inducing another to commit a crime: 1. by giving price, or offering reward or promise 2. by using words of command REQUISITES (Principal by inducement, through giving price, etc): In order that a
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
person maybe convicted as a principal by inducement, the following requisites must be present--1. that the inducement be made directly with the intention of procuring the commission of the crime; and 2. that such inducement be the determining cause of the commission of the crime by the material executor REQUISITES (Principal by inducement, through words of command): In order that a person using words of command maybe held liable, the following requisites must be present--1. that the one uttering the words of command must have the intention of procuring the commission of the crime 2. that the one who made the command must have an ascendancy or influence over the person who acted 3. that the words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion 4. the words of command must be uttered prior to the commission of the crime 5. the material executor of the crime has no personal reason to commit the crime
crime.
treason or rebellion
REQUISITES: 1. participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged; and 2. cooperation in the commission of the offense by performing another act, without which it would not have been accomplished
DISTINCTIONS
Principal by Inducement Offender who made Proposal to Commit a Felony
1. There is an inducement to commit a crime 2. Becomes liable only when the crime is committed by the principal by direct participation
1. There is an inducement to commit a crime 2. The mere proposal to commit a felony is punishable in treason or rebellion; the person to whom the proposal is made should not commit the crime, otherwise, the proponent becomes a principal by inducement 3. The proposal must involve only
(COMMUNITY COOPERATES previous supply RELATION) 1. That there be community of design; that is, knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose; 2. That he cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime in an efficacious way; and 3. That there be a relation between the acts done by the principal and those attributed to the person charged as accomplice.
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
The complicity, which is penalized, requires a certain degree of cooperation whether moral, through advice, encouragement, or agreement, or material, through external acts. The responsibility of the accomplice is to be determined by acts of aid and assistance, either prior to or simultaneous with the commission of the crime, rendered knowingly for the principal therein, and not by the mere fact of having been present at its execution.
the crime. 2. The accessory does not cooperate in the commission of the offense by acts prior thereto or simultaneous therewith. 3. The participation of the accessory in all cases always takes place after the commission of the crime
SPECIFIC ACTS OF ACCESSORIES: (CODE: PROFIT, CONCEAL, HARBOR) 1. By profiting themselves or assisting the offender to profit by the effects of the crime 2. By concealing or destroying the body of the crime to prevent its discovery 3. By harboring, concealing or assisting in the escape of the principal of the crime 2 CLASSES OF ACCESSORIES ARE CONTEMPLATED IN PAR. 3 OF ART. 19 (i.e., HARBORING, etc): (a) Public officers who harbor, conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his functions (b) Private persons who harbor, conceal or assist in the escape of 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 The accomplice and the accessory may be tried and convicted even before the principal is found guilty. The liability of the accused will depend on the quantum of evidence adduced by the prosecution against the particular accused.
PENALTIES
DEFINITION: Penalty is the suffering that is inflicted by the State, for the transgression of a law; in its general sense, it signifies pain. 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 may escape its effects 6. equal for all 7. correctional Theories justifying penalty: 1. Self-defense the State has a right to punish the criminal as a measure of selfdefense, so as to protect society from the threat and wrong inflicted by the criminal 2. Reformation the object of punishment in criminal cases is to correct and reform the offender 3. Exemplarity the criminal is punished to serve as an example to deter others from committing crimes 4. Justice that crime must be punished by the State as an act of retributive justice, a vindication of absolute right and moral law
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
injury so the offended party cannot pardon the offender so as to relieve him of the penalty. 2. Personal injury, caused to the victim of the crime, who suffered damage either to his person, to his property, to his honor, or to her chastity. This is repaired through indemnity, which is civil in nature. The offended party may waive it and the state has no reason to insist on its payment.
ART. 24. MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED PENALTIES
THE FOLLOWING ARE NOT CONSIDERED PENALTIES:
1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility or illness requiring their confinement in a hospital; 2. The commitment of a minor to any of the institutions mentioned in Art. 80 (now PD603) for the purposes specified therein; 3. Suspension from the employment or public office during the trial or in order to institute proceedings; 4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates; and 5. Deprivation of rights and reparations which the civil laws may establish in penal form.
This article classifies penalties according to their gravity: 1. Capital 2. Afflictive 3. Correctional 4. Light This corresponds to the classification of felonies according to their gravity under Art. 9:
2. Cannot include civil liability which the offender must pay 3. Granted only AFTER CONVICTION, and may be extended to any of the offenders
of the offender 2. Offended party can waive the civil liability which the offender must pay 3. Pardon should be given BEFORE THE INSTITUTION of criminal prosecution, and must extend to both offenders
of
judicial
DISTINCTIONS CODE: (EPAA) Pardon by the Pardon by the Chief Executive Offended Party 1. Extinguishes the criminal liability of the offender
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ART. 45. CONFISCATION AND FORFEITURE OF THE PROCEEDS OR INSTRUMENTS OF THE CRIME
OUTLINE OF THE PROVISION OF THIS ARTICLE: 1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
the instruments or tools used in the commission of the crime 2. The proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the Government 3. Property of a third person who is not liable for the offense, is not subject to confiscation and forfeiture 4. Property not subject of lawful commerce (whether it belongs to the accused or to a third person) shall be destroyed
APPLICATION OF PENALTIES
14.
Treason Rape Infanticide Plunder Parricide Qualified Piracy Qualified Bribery Violation of Certain provisions of the Dangerous Drugs Act Piracy in general and Mutiny on the High Seas or in the Philippines Waters Destructive Arson Robbery with Violation Against or Intimidation of Persons Kidnapping and Serious Illegal Detention
GRADUATION OF PENALTIES:
1. BY DEGREES refers to (1) the stages of execution (consummated, frustrated, or attempted); and (2) the degree of the criminal participation of the offender (whether as principal, accomplice, or accessory). 2. BY PERIODS refers to the proper period of the penalty which should be imposed when aggravating or mitigating circumstances attend the commission of the crime
ART. 47. IN WHAT CASES THE DEATH PENALT Y SHALL NOT BE IMPOSED
DEATH PENALTY IS NOT IMPOSED IN THE FOLLOWING CASES
1. UNDER AGE. When the offender is below 18 years of age at the time of the commission of the crime. 2. OVER AGE. When the guilty person is more than seventy (70) years of age 3. NO COURT MAJORITY. When upon appeal or automatic review of the case by the Supreme Court, the vote of eight members is not obtained for the imposition of the death penalty.
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
the other. 3. When the other crime is an indispensable part or an element of the other offense. 4. Where one of the offenses is penalized by a special law
PLURALITY OF CRIMES
DEFINITION: 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 KINDS: 1. FORMAL OR IDEAL PLURALITY only ONE CRIMINAL LIABILITY. THREE GROUPS UNDER THE FORMAL TYPE: a. When the offender commits any of the complex crimes in Art. 48. b. When the law specifically fixes a single penalty for two or more offenses committed. c. When the offender commits continued crimes 2. REAL OR MATERIAL PLURALITY DIFFERENT CRIMES in law, as well as in the conscience of the offender; the offender shall be PUNISHED FOR EACH and every offense that he committed. In recidivism, there must be conviction by final judgment of the first or prior offense; in plurality of crimes, there is no conviction of any of the crimes committed
ART. 59. PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE
BASIS FOR THE IMPOSITION OF PROPER PENALTY: 1. Social danger; and 2. Degree of criminality shown by the offender
CONTINUED CRIME
DEFINITION: CONTINUED CRIME is a single crime, consisting of a series of acts, but all arising from ONE CRIMINAL RESOLUTION; length of time in the commission is immaterial.
COMPARISON Real or Material Continued Crime Plurality 1. There is a series of acts performed by the offender 2. Each act performed by the offender constitutes a separate crime, each act is generated by a criminal impulse
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In this diagram, O represents the penalty prescribed by law in defining a crime, which is to be imposed on the principal in a consummated offense, in accordance with the provisions of Art. 64. The other figures represent the degrees to which the penalty must be lowered, to meet the different situations anticipated by law.
1. There is a series of acts performed by the offender 2. The different acts constitute only one crime, all of the acts performed arise from one criminal resolution
ART. 62. EFFECTS OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING CIRCUMSTANCES AND OF HABITUAL DELINQUENCY
EFFECT OF THE ATTENDANCE OF AGGRAVATING OR MITIGATING CIRCUMSTANCES OR OF HABITUAL
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
DELINQUENCY:
1. Aggravating circumstances (generic and specific) have the effect of increasing the penalty, without however exceeding the maximum period provided by law 2. Mitigating circumstances have the effect of diminishing the penalty 3. Habitual delinquency has the effect, not only of increasing the penalty because of recidivism which is generally implied in habitual delinquency, but also of imposing an additional penalty REQUISITES OF HABITUAL DELINQUENCY: CODE:
(Convicted-CommittedConvicted-CommittedConvicted)
ART. 64. RULES FOR THE APPLICATION OF PENALTIES, WHICH CONTAIN THREE PERIODS
CASES IN WHICH MITIGATING AND AGGRAVATING CIRCUMSTANCES ARE NOT CONSIDERED IN THE IMPOSITION OF PENALTY:
1. When the penalty is single and indivisible 2. In felonies through negligence 3. The penalty to be imposed upon a Moro or other non-Christian inhabitants 4. When the penalty is only a fine imposed by an ordinance 5. When the penalties are prescribed by special laws
1. that the offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification (CODE: FRETSL) 2. that after 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. that after his conviction of, or after serving sentence for the second offense, he again committed, and, within 10 years from his last release or last conviction, he was again convicted of any of said offenses, the third time or oftener.
Recidivism
1. 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 No period of time between the former conviction and the last conviction The second offense for an offense found in the same title
ART. 68. PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE
APPLICATION OF ART. 68: 1. This article is not immediately applicable to a minor under 18 years of age, because such minor, if found guilty of the offense charged, is not sentenced to any penalty. The sentence is suspended and he is ordered committed to the reformatory institution, IF, his application therefor is approved by the court. 2. This article applies to such minor if his application for suspension of sentence is DISAPPROVED OR if while in the reformatory institution he becomes INCORRIGIBLE, in which case he shall be returned to the court for the imposition of the proper penalty.
2.
2.
The offender is found guilty within ten years from his last release or last conviction
2.
3.
3.
The accused must be found guilty the third time or oftener of the crimes specified
3.
4.
As to their EFFECTS
4.
4.
If not offset by a mitigating circumstance, serves to increase the penalty only to the maximum
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CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
CONVICTS SENTENCE shall not be more than three 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 penalty forms part of the penalty.
penal laws.
DIFFERENT SYSTEMS OF PENALTY, RELATIVE TO THE EXECUTION OF TWO OR MORE PENALTIES IMPOSED ON ONE AND THE SAME ACCUSED
1. material accumulation system No limitation whatever, and accordingly, all the penalties for all the violations were imposed even if they reached beyond the natural span of human life. 2. juridical accumulation system Limited to not more than three-fold the length of time corresponding to the most severe and in no case to exceed 40 years. 3. absorption system The lesser penalties are absorbed by the graver penalties.
ART. 77. WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE DISTINCT PENALTIES
DEFINITION: A complex penalty is a penalty prescribed by law composed of three distinct penalties, each forming a period: the lightest of them shall be the minimum, the next the medium, and the most severe the maximum period.
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
7. granted with conditional pardon by the President, but violated the terms thereof 8. maximum term of imprisonment do not exceeding 1 year 9. sentenced to the penalty of destierro or suspension only
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
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.
B. APPLICATION
This shall apply to all offenders except those entitled to benefits under PD 6003 and similar laws.
b. Convicted of subversion or any crime against the national security or the public order. c. Previously convicted by final judgment of an offense punished by imprisonment of not less than 1 month and 1 day and/or a fine not more than P200. d. Once placed on probation.
H. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED: 1. Mandatory or general - once violated, the probation is cancelled. They are: a. Probationer Presents 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 Reports to the probation officer at least once a month 2. Discretionary or special additional conditions listed, which the courts may additionally impose on the probationer towards his correction and rehabilitation outside prison. HOWEVER, the enumeration is not inclusive. Probation statutes are liberal in character and enable the courts to designate practically ANY term it chooses, as long as the probationers Constitutional rights are not jeopardized. Also, they must not be unduly restrictive of probationer, and not incompatible with the freedom of conscience of probationer.
D. POST-SENTENCE INVESTIGATION
The convict is not immediately placed on probation. There shall be a prior investigation by the probation officer and a determination by the court.
I.
PERIOD OF PROBATION
FOR HOW LONG MAY A CONVICT BE PLACED ON PROBATION? 1. If the convict is sentenced to a term of imprisonment of NOT more than one year, the period of probation shall not exceed two years. 2. In all other cases, if he is sentenced to more than one year, said period shall not exceed six years. 3. When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment, the period of probation shall be twice the total number of days of subsidiary imprisonment.
G. DISQUALIFIED OFFENDERS:
THE BENEFITS OF THIS DECREE SHALL NOT BE EXTENDED TO THOSE: a. Sentenced to serve a maximum of imprisonment of more than 6 years.
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CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
K. TERMINATION OF PROBATION
The Court may order the final discharge of the probationer upon finding that, he has fulfilled the terms and conditions of his probation.
of the offender occurs before final judgment; a. Whether before or after final judgment, death extinguishes CRIMINAL LIABILITY, as this penalty is deemed personal. Not so with pecuniary penalties, which are only extinguished (as they arise from the delict) when death occurred before final judgment. b. Meaning when the accused died while the judgment of conviction against him was pending in appeal, his CIVIL AND CRIMINAL LIABILITY was extinguished by his death; UNLESS claim for civil liability may be predicated on a source of obligation other than delict. c. Death of the offended party does not extinguish the criminal liability of the offender because the offense is committed against the State. 2. By SERVICE OF SENTENCE; 3. By AMNESTY, which completely extinguishes the penalty and all its effects. Amnesty is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely if ever exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons who are subject to trial but have not yet been convicted. 4. By ABSOLUTE PARDON; Pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed.
DISTINCTIONS CODE: (Any Convict looks Forward, Civil R Private) PARDON AMNESTY
1. Includes any crime and is exercised individually by the President 1. A blanket pardon to classes of persons or communities who may be guilty of political offenses 2. May be exercised even before trial or investigation is had 3. Looks BAKCWARD and abolishes and puts into oblivion the offense itself; it so overlooks and obliterates the offense with which he is charged that the person released by
2. Exercised when the person is already convicted 3. Merely looks FORWARD and relieves the offender from the consequences of an offense of which he has been convicted; it does not work for the restoration of the rights to hold
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
public office, or the right of suffrage, unless such rights be expressly restored by means of pardon 4. Does not alter the fact that the accused is a recidivist as it produces only the extinction of the personal effects of the penalty 5. Does not extinguish the civil liability of the offender 6. Being a PRIVATE ACT by the President, must be pleaded and proved by the person pardoned
amnesty stands before the law precisely as though he had committed no offense 4. Makes an exconvict no longer a recidivist, because it obliterates the last vestige of the crime
sentence of a convict, after serving the minimum term of the indeterminate penalty, without granting a pardon, prescribing the terms upon which the sentence shall be suspended b. If the convict fails to observe the conditions of the parole, the Board of Pardons and Parole is authorized to (1) direct his ARREST, AND RETURN TO CUSTODY and thereafter; (2) to CARRY OUT HIS SENTENCE WITHOUT DEDUCTION of the time that has elapsed between the date of the parole and the subsequent arrest.
5. Does not extinguish the civil liability of the offender 6. Being by Proclamation of the Chief Executive with the concurrence of Congress, is a PUBLIC ACT of which the courts should take notice
5. By PRESCRIPTION OF THE CRIME; Prescription of the Crime is the forfeiture or loss of the right of the State to prosecute the offender, after the lapse of a certain time. 6. By PRESCRIPTION OF THE PENALTY; Prescription of the Penalty is the loss or forfeiture of the right of the Government to execute the final sentence, after the lapse of a certain time Conditions necessary: a. That there be final judgment; b. That the period of time prescribed by law for its enforcement has elapsed 7. By THE MARRIAGE OF THE OFFENDED WOMAN with the offender in the crimes of rape, abduction, seduction, and acts of lasciviousness. In the crimes of rape, seduction, abduction, or acts of lasciviousness, the marriage, as provided under Art. 344, must be contracted by the offender in good faith.
DISTINCTIONS Conditional Parole Pardon 1. May be given at 1. May be given any time after after the prisoner final judgment; is has served the granted by the minimum Chief Executive penalty; is under the granted by the provisions of the Board of Administrative Pardons and Code Parole under the provision of the Indeterminate Sentence Law 2. For violation of 2. For violation of the conditional the terms of the pardon, the parole, the convict may be convict CANNOT BE PROSECUTED ordered reUNDER ART. 159 of arrested or rethe RPC, he can incarcerated by be re-arrested the Chief and reExecutive, or incarcerated to may be serve the PROSECUTED unserved portion under Art. 159 of of his original the Code penalty
5. by PROBATION. Please see Probation Law.
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
because there are no damages to be compensated or there is no private person injured by the crime
EFFECT OF ACQUITTAL
Extinction of the penal action does NOT carry with it extinction of the civil; UNLESS the extinction proceeds from a declaration in a final judgment that the fact from which the civil liability might arise did not exist.
EFFECT OF DEATH
1. Only the criminal liability (including the fine which is pecuniary), but not the civil liability of the accused, is extinguished by his death. 2. Civil liability may exist, although the accused is not held criminally liable, in the following cases: (a) Acquittal on reasonable doubt (b) Acquittal from a cause of nonimputability (c) Acquittal in the criminal action for negligence (d) When there is only civil liability (e) In case of independent civil actions
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CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta, Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.