IMPUTABILITY VS.

RESPONSIBILITY
Justifying Circumstances
1. Definition
2. Basis
There is no crime committed, the act being justified.
Burden of Proof.
SELF-DEFENSE
Burden of Proof
Rights included
Reason why penal law makes self defense lawful
ELEMENTS
UNLAWFUL AGGRESSION
Unlawful Aggression is indispensible
o Aggression must be unlawful
o Meaning of unlawful aggression
o Peril to ones life
Actual
Imminent
o Peril to ones limb
There must be actual physical force or actual use of
weapon
No unlawful aggression:
o Insulting words
o Light Push
Reason why slap on the face constitutes as unlawful
aggression
Mere belief of an impending attack
Foot-kick greeting is not unlawful aggression
No unlawful aggression because there was no actual
or imminent danger to life or limb
o Retaliation is not self-defense
o Retaliation is not a justifying circumstance
o The attack made by the deceased and the killing of the
deceased by the defendant should succeed each other
without appreciable interval of time.
The killing must be either (1) simultaneous or (2) at
least both acts succeeded each other without
appreciable interval of time.
There must be not time for deliberation or cool
thinking

o The unlawful aggression must come from the person who

attacked the accused.
o A public officer exceeding his authority may become an
unlawful aggressor
o Nature, character, location and extent of the wound of the
inflicted by the accused may belie the claim of self-defense
o
Improbability of the deceased being the aggressor belies the
claim of self-defense.
The fact that the accused declined to give a statement to the
policemen is inconsistent with the plea of self-defense
Physical fact may determine whether the accused acted in selfdefense.
When the aggressor flees, unlawful aggression no longer exists
o Except when retreat is done to take a more
disadvantageous position
No lawful aggression when there is agreement to fight
o Reason for the rule
o Aggression which is ahead of the stipulated time and place
is unlawful
o One who voluntarily joined a fight cannot claim selfdefense
The rule now is stand ground when in right.
Unlawful Aggression in the defense of other rights
o Attempt to rape a woman
o Defense of property
People vs. Apolinar: Only when it is coupled with the
attack on the person
o Defense of home
The belief of the accused may be considered in determining the
existence of unlawful aggression.
o There is self-defense even of the aggressor used a toy
pistol provided that the accused believed that it was real
gun
Threat to inflict injury must be preceded by an outward and
material attitude
Mere threatening attitude is not unlawful aggression
o Examples of threats to inflict real injury
o The attitude must be offensive and positively strong
When one aims using a revolver with an intent to
shoot
Retreating two steps and placing his hand in his
weapon with a motion indicating attempt to commit
an assault with a weapon

Aggression must be real, not merely imaginary

Aggression that is expected is still real, provided it is imminent

REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR

REPEL IT
To prevent: imminent danger
To repel: actual danger
Necessity: (1) Necessity of the course of action and (2) Necessity
of the means
o The reasonableness of the necessity depend upon the
circumstances
o Necessity of the course of action taken
Place and occasion of the assault considered
The darkness of the night and the surprise
which characterized the assault considered
No necessity of the course of action taken (when
danger has disappeared).
When aggressor is disarmed
It depends whether or not the aggressor
manifested a refusal to fight
There is still self-defense if mortal wounds were
inflicted at the time the requisites of self-defense
were present
The person defending is not expected to control his
blow
When the aggression is so sudden that there was no
time for the accused to deliberate
In repelling or preventing the lawful aggression, the
one defending must aim at his assailant and not
indiscriminately fire his deadly weapon
o Necessity of the means used
Fist blows vs. dagger
The test of reasonableness of the means used
o Nature and quality of the weapons
Fist blows vs fist blows applies only when the
aggressor and the accused are of the same size and
strength
o Physical condition, character and soze
o Other circumstances considered
Reasonable necessity of the means employed to rrepel or
prevent harm is liberally construed in favor of law abiding
citizens
Rule when the one defending himself is a peace officer

o The duty of the officer requires him to overcome his

opponent
LACK OF SUFFICIENT PROVOCATION
Cases in which there is a lack of sufficient provocation
o No provocation at all
o There was provocation but it was not sufficient
o Sufficient provocation not given by the person defending
himself
o Provocation by the person defending himself not proximate
and immediate to the aggression
BATTERED WOMAN SYNDROME AS A DEFENSE
Form of a self-defense, an incomplete self defense
Three phases: (1) tension building (2) acute battery (3) tranquil
DEFENSE OF RELATIVES
Relatives that can be defended (BADS4)
Relatives by affinity
Relatives by consanguinity
Requisites: (1) unlawful aggression (2) reasonable necessity (3) in case
the provocation was given by the person attacked, the one making the
defense had no part therein
Defense of relatives also requires that there be an unlawful
aggression
Unlawful aggression may exist as a matter of fact or may depend
upon the honest belief of the one making the defense
DEFENSE OF STRANGER
Requisites: (1) unlawful aggression (2) reasonable necessity (3)
not induced by revenge, resentment or other evil motive.
AVOIDANCE OF GREATER EVIL OR INJURY
Requisites: (1) existence of the damage or injury (2) injury feared
is greater than the damage committed (3) no other reasonable
means to prevent the harm
FULFILLMENT OF DUTY
Requisites: (1) the act was in the performance of a duty or in the
lawful exercise of a right or office (2) injury caused was a
necessary consequence of the fulfillment of the duty
OBEDIENCE TO AN ORDER

Requisites: (1) That an order has been issued by the superior (2)
lawful purpose (3) lawful means
When the order is not for a lawful purpose, the subordinate who
obeyed it is criminally liable
o The subordinate is not liable for carrying out an illegal
order of his superior, if he is not aware of the illegality of
the order and he is not negligent

Exempting circumstance
In EC, there is a crime committed but no criminal liability arises
IMBECILITY OR INSANITY
Basis: lack of intelligence
Imbecility: exempt in all cases from criminal liability
o Advanced in age but has the mental development
comparable to a gae between the ages of 2-7 yo
Insanity: not exempt if it is shown that he acted during lucid
interval

To constitute insanity, there must be complete deprivation of

intelligence or that there be total deprivation of the freedom of
the will

Procedure when the imbecile or the insane committed a felony.

Who has the burden of proof to show insanity?
How much evidence is necessary to overthrow the presumption
of sanity?
Insanity from the time of the commission of the felony
distinguished from insanity at the time of trial
o Suspension of trial until mental capacity is restored
Dementia praecox is covered by the term insanity.
Schizophrenia, formerly called Dementia praecox
Kleptomania
Epilepsy may be covered by the term insanity
Feeblemindedness is not imbecility
Pedophilia is not insanity
Amnesia is not proof of mental condition of the accused.
Other cases of lack of intelligence:
o Sleepwalking
o Hypnotism
o Committing a crim whil suffering from malignant malaria

AGE

RA 9344
Age of absolute irresponsibility raised to fifteen years of age
Basis: lack of intelligence
Children above 15 but below 18 who acted without discernment are
exempt from criminal liability
Periods of criminal responsibility
o Absolute
o Conditional
o Full
o Mitigated
Child in conflict with law
Meaning of discernment
o Discernment shown by (1) the manner the crime was
committed or (2) the conduct of the offender after its
commission
Presumption of Minority
Determination of Age
Burden of Proof of Age
The allegation of with intent to kill in the information is
sufficient allegation of discernment
ACCIDENT

Requisites: (1) Lawful act (2) due care (3) causes injury by mere
accident (4) without fault or intention to cause it
Striking another with a gun in self-defense, even if it fired and
seriously injured the assailant, is a lawful act.
The person performing a lawful act must do so with due care,
without F/N
Examples of an accident
o Hunting caused the death of a bystander
Accident is an event which lies beyond the bounds of humanly
foreseeable consequences
Accident presupposes lack of intention to commit the wrong done
Case of negligence, not accident
Accident and negligence intrinsically contradictory

COMPULSION OF AN IRRESISTIBLE FORCE

Requisites: (1) By means of physical force (2) irresistible (3)
comes from a third person
Passion or obfuscation cannot be irresistible force

Nature of force required: reduces the actor as a mere instrument

IMPULSE OF AN UNCTROLLABLE FEAR

Requisites: (1) existence of an uncontrollable fear (2) must be
real and imminent (3) the fear of an injury must be equal or
greater than or at least equal to that committed
Nature of duress as a valid defense
The accused must not have opportunity to escape or self-defense
PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE
In all the exempting circumstances, intent is wanting in the agent of
the crime
Distinction between justifying and exempting circumstances
Absolutory causes
Aggravating circumstances
Advantage by the offender of his public position
Basis is the greater perversity of the personal circumstance of
the offender
Applicable only when the offender is a public officer
Meaning of advantage be taken by the offender of his public
position is abuse of his office to commit the offense
This aggravating circumstance is not present when a
Congressman offered resistance to a peace officer
This AC is present when a councilor collects fines and
misappropriates them
o But this AC is not present when the public officer did not
take advantage of the influence of his position such as
when he commits a crime independent of his official
functions
There must be evidence that the accused took advantage of his
public position
o IPA: influence, prestige or ascendancy
Peace officers taking advantage of their public positions in
abduction, robbery etc.
o Wearing uniform is immaterial if the offended party is
aware that the offender is a policeman
o Wearing uniform is also not sufficient that he misused his
public position
Failure in his official duties is tantamount to abusing his office i.e.
voluntarily joining a band of brigades

Not aggravating when it is an integral element of, or inherent in,

the offense
o Malversation
o Falsification of documents

CRIME COMMITTED IN CONTEMPT OF OR WITH INSULT

Basis: greater perversity of the offender based on lack of respect
to public authorities
Requisites: (1) PA is engaged in the exercise of his functions (2)
PA is not the person against whom the crime is committed (3)
offfenders knowledge of PAs identity (4) such presence did not
prevent the commission of the criminal act
Person in authority are persons vested with the authority to
govern and execute laws
O Agents are those charged with maintenance of peace and
order
The crime should not be committed against a public officer
Not applicable when crime is committed in the presence of an
agent only
The crime should not be committed directly against the public
authority otherwise its direct assault
Knowledge that a public authority is present is essential
Presence of PA has not prevented offender from committing a
crime
INSULT OR DISREGARD OF (1)RANK (2)AGE (3) SEX
OR COMMITTED IN THE DWELLING WITHOUT PROVOCATION
If all four circumstances are present, they must be considered as
one
o But see People v. Santos where age/sex + dwelling was
taken into account
Basis: greater perversity in the offender based on the personal
circumstances of the offended party
Applicable only to crimes against persons or honor
o Hence, does not apply to robbery with homicide
Meaning of with insult or disregard
o There must be specific acts establishing insult
o Disregard of rank
Rank means a high social position in the armed
forces or to a graded official standing or social
position or station
Attempt on the life of a general
Killing a judge because he was strict
Proof of fact of disregard and deliberate intent to
insult required
o Age

o Sex

o
o
o
o

Present when the offended, by reason of his age,

could have been the father of the offender
Also applies when the person killed was 80 years old
Applies also in the case of murder of a child of tender
age
Deliberate intent to offend or insult is required
Disregard of old age is not aggravating in robbery
with homicise

Refers to the female sex and not male sex

Coercion, selection of female relatives in
retaliation, lady teacher
No disregard of respect due to sex where the parties are
sweethearts in the absence of proof of intent to offend or
disregard the sex of the female victim
Insult to sex or womanhood must be present
Not applicable in case (1) passion or obfuscation (2)
relationship (3) indispensible
Conflicting views regarding absorption of disregard of sex
in treachery
One view says its absord
Other says no because treachery refers to manner of
commission; disregard of sex refers to relationship
Dwelling of the offended party
Dwelling must be a building or structure, exclusively
used for rest or comfort
Basis: greater perversity of the offense based on the
place of the commission, for violating the sanctity of
the privacy in human abode
What aggravates dwelling is the (1) abuse of
confidence and (2) violation of sanctity of the home
Offended must not give provocation is a condition
sine qua non
Provocation Requisites: (1) Given by the owner of the
welling (2) immediate to the offense (3) sufficient
If the provocation is not immediate, then dwelling is
aggravating as in the case of illicit relationship
If the owner gives immediate provocation then
dwelling is not aggravating
By insulting and provoking, he loses the right
to respect due to him in his own house
Prosecution must prove that no provocation was
given by the offended party

Even if the offender did not enter the dwelling, this

circumstance applies because it is enough that the
victim was attacked inside his own house
i.e. when a triggerman fried shot from the
outside the house
Even if the killing took place outside the dwelling, it
is aggravating provided that the commission of the
crime began in the dwelling
Such as when he was dragged from the house
into a place near the house where he was killed
Dwelling is aggravating in abduction or illegal
detention
Dwelling included dependencies, foot of the staircase
and enclosure under the house
P. vs Diamonon case held that dwelling not
aggravating when victim stabbed at the foot of
the staircase
o Dissenting opinion that it is aggravating
But it is definitely not aggravating when the
victim is only about to step on the first rung of
the ladder
No dwelling when
The offender and offended are occupants of the
same house
Robbery is committed with force upon things
because here, dwelling is inherent
o But its dwelling in robbery with violation
or intimidation of persons
Trespass to dwelling because inherent
Owner of dwelling gave sufficient provocation
The dwelling where the criem was committed
does not belong to the offended party
Floor where crime committed is not private
abode
Aggravating even if crime committed not owned by
the offended party
Bedpacer in boarding house
Guest vs. Mere visitor
Temporary dwelling as guest in aunts house
Sleeping as guests because dwelling is not
domicile
Dwelling is aggravating when husband kills
enstranged wife in a house exclusively occupied by
her

Generally, dwelling is aggravating in adultery except

when paramour also lives there
o Dwelling is not included in treachery
Abuse of Confidence or obvious ungratefulness
Basis: greter perversity in the offender as shown in the means
and ways employed
Requisites: (1) trusted (2) advantage (3) facilitated in the
commission of the crime
o Confidence does not exist:
The moment the master proposed the indecent acts,
the victim already lost confidence on the offender
Rape was committed on the occasion of business as
partners
o Betrayal of confidence is not aggravating
o Crumbs: the girl could have resisted even in unsuccessful
o Calisto: nine month child could not resist
In estafa, election into public office does not make the
confidence personal and immediate
Ungratefulness must be obvious, manifest and clear
Chief executive (1) palace (2) presence OR
Place where Public Authorities are in the discharge of their duties
Place dedicated to religious worship
Basis: greater perversity of the offender as shown by the place of
the commission, which must be respected
Distiction of par. 2 and par. 5 (PA)
o In both, PA are in the discharge of duties
o Par. 5: must be in their office; par.2, outside the office
o Par. 5: he may be the offended party; par.2 he must not be
the offended party
Presidential or religious functions, not necessary
o This aggravating is present even if the Presiden is not in
the performance of his duties
o But as to Public Authorities, they must be actually engaged
in the performance of durties
If adjourned: no longer in the performance of duties
Electoral precint is a place where authorities are
engaged in discharging duties
Place must be dedicated to religious worship
o Cemeteries are not places dedicated to religious worship
Offender must have the intention to commit a crime when he
entered the place
o Fan knife stabbed while inside the church
o Defendant had no murder in her heart

CIRCUMSTANCES WHICH FACILITATE THE COMMISSION:

NIGHTTIME, UNINHABITED PLACE, BAND
Basis: the time and place of the commission of the crime and
means and ways employed
Earlier decision said that they should be appreciated as only one
Later case said that if they are separate when their elements are
disctinctly perceived and can subsist separately
Cunanan: nighttime and band were considered separately
Requisites: (1) facilitate (2) especially sought (3) took advantage
Whenever such circumstances may facilitate the commission of
the offense
Meaning of especially sought for
O He waited for nighttime and not a mere casual encounter
Nightime
O Only 1st and 3rd requisite necessary; need not especially
sought for the commission
O Period of darkness beginning at the end of dusk and ending
at dawn
O Nighttime by and of itself is not an aggravating
circumstance
O The information must allege the 1st and 3rd requisite
o Not aggravating when the crime began at daytime
The commission of the crime must be commence and
accomplished in the nighttime
The crime mas be actually committed in the
darkness of the night
When the place of the crime is illuminated by light,
nighttime is not aggravating
o The lighting of matchstick or flashlight does not negate
nighttime as aggravating circumstance
Uninhabited place
o Place where there are no houses at all or considerably far
from town
o Must not be appreciated where the place is visible and
could be seen
o Test is not the distance of the place but the reasonable
possibility of the victim receiving some help
o When the victim are the occupants of the only house in the
place, the crime is committed in an uninhabited place
o Solitude must be sought to better attain the criminal
purpose
By a band
o More than 3 armed malefactors who must act together

o If one of them is a principal by inducement, they do not

form a band
When NT, UP and B did not facilitate in the commission, was not
especially sought for or was not taken advantage, the
circumstances are not aggravating.
o The meeting is casual.
By a band is aggravating in crimes against property or persons
in the crime illegal detention or treason
Not applicable in crimes against chastity
Abuse of superior strength and abuse of firearms, absorbed in
aggravating circumstance of by a band
By a band is inherent in brigandage
By a band is aggravating in robbery with homicide
OCCASION OF CSEECM
Debased form of criminality met in one who adds suffering
The offender must take advantage of the calamity or misfortune
Chaotic condition as an aggravating circumstance refers to
other conditions of distress
O It is not included in the enumeration but in the liberation of
San Pablo, this was considered aggravating
O Engine trouble is a misfortune but its not a calamity within
the context of par. 7
AID OF ARMED MEN OR PERSON WHO INSURE IMPUNITY
Basis: means and ways in committing the crime
Requisites: (1)armed men took part directly or indirectly (2)
accused availed or relied upon them
Casual presence which where the accused did not avail or rely
The armed men must take part directly or in directly
Examples of with the aid of armed men
O Availing help of moros to get rid of the husband
Exceptions:
O both parties are equally armed
O Same plan and same purpose
By a band v. Aid of armed men
O Band are more than three malefactors who acted together
O Aid of armed men is presence by mere reliance
Aid of armed men is absorbed by By a band
Aid of armed men includes armed women
RECIDIVIST
Basis: greater perversity of the offender based on the inclination
to commit a crime

A recidivist is one who, at the time of his trial, has been

previously convicted by final judgement of an offense in the
same title of the RPC
Requisites: (1) trial for new offense (2) two conviction (3) same
title under the RPC
What is controlling is the time of the his trial for one crime
O Meaning: includes everything that is done in the course of
trial, from arraignment until after sentence is announced
by the judge in open court
No recidivism when the 2nd conviction is for an offense
committed before the offense involved in the previous conviction
Previously convicted by final judgement
O Lapse of period of appeal
O Sentence has been partially or totally satisfied
O Waiver of the right to appeal
O Application for probation
Present and previous crime must be embraced in the same titke
Example: Robbery and theft; homicide and physical injuries
There is recidivism even if the lapse of time between two felonies
is more than 10 years
Pardon does not obliterate the fact that the accused is a
recidivist; but amnesty extinguishes the penalty and the effects
O Pardon does not prevent recidivism as an aggravating
circumstance

REITERACION OR HABITUALITY
Basis: same as recidivism
Requisites (1) trial on a new offense (2) previous service of a
sentence of another offense to which the law attaches an equal
or greater penalty or for two or more crimes to which the law
attaches a lighter penalty than that of the new offense
The he is convicted of a new offense
Has been previously punished: (1) equal (2) greater or (3) two or
more lighter
Reiteracion or habituality is not always aggravating if the penalty
would result to death or the crimes are against property and not
persons
Reiteracion v. Recidicm
O Served vs Final judgement
O Need not be same title vs same title
O Not always aggravating vs. always aggravating

Four forms of repetition are: Recidivism, reiteracion, (generic

aggravating) habitual delinquency (extraordinary) and quasirecidivism (special).
Habitual delinquency
O When within a period a ten year period he is found guilty of
3 or more times from the date of his release or last
conviction of PERST-F.
O He is either a recidivist or one who has been previously
punished for two or more offenses (habituality)
Quasi-recidivism
O One who commits a felony after having been convicted by
final judgment, before beginning to serve such sentence,
or while serving the same, shall be pubished by the
maximum period of penalty by law for the new felony
CONSIDERATION OF PRICE, REWARD OR PROMISE
Basis: greater perversity as shown by the motivating power itself
This aggravating precupposes the concurrence of two or more
offeders
O Offeror and Acceptor who are both principals
o The circumstance affects both of them
o Price may be considered qualifying but if the there is failure
to allege, can be generic aggravating only
Price, reward or promise must be for the purpose of inducing
another to perform the deed
MEANS OF ARTIFICE INVOLVING GREAT RUIN
Basis: means and ways employed
Must be used as means to accomplish a criminal intent
O When used as a means to kill another person, the crime is
murder.
By means of fire
Arson results to death = maximum penalty
If intentional = murder; not aggravated
By means of explosion
By means of derailment of locomotive
EVIDENT PREMEDITATION
Ways: shows deliberate planning of the act before executing it
Essence: preceded by cool thought and reflection with sufficient
time to arrive at calm judgement
Requisites: (1) time in which he determined the commission of
the crime (2) act manifestly determining that the culprit clung to
his determination (external acts) (3) sufficient lapse of time
between D and E, to allow him time to reflect

The date and time when the offender determined to commit the
crime essential.
Second requisite is present if the crime was clearly planned
O Mere threats without the second element does not show
evident premeditation
Existence of ill-feeling or grudge alone is not proof of
premeditation
Three hours or less considered sufficient lapse of time
Lapse of time means that offender had time to reflect
Conspiracy generally presupposes evident premeditation
O Except: when conspiracy is merely implied
Evident premeditation and price or reward can co-exist
O Premeditation is absorbed by reward or promise but only as
to the offeror.
When victim is different from that intended, premeditation is not
aggravating
It is not necessary that there is a plan to kill a particular person
O Undetermined victim
O Manalinde: first two persons
O Caranto: mere threat which was not direct or specific in
character
Evident premeditation, while inherent in robbery, is aggravating
in robbery with homicide if ther premeditation included the killing
of the victim

DISGUISE
Helmet: yes an
Treachery
Art. 19 Accessories
1. Having knowledge
Mere possession of stolen property does not make the accused
an accessory where the thief was already convicted
o If there is no conviction yet, the possessor should be
prosecuted as principal for the crime of theft
Entertaining suspicion that a crime has been committed is not
enough
Knowledge of the commission of the crime may be subsequent to
the acquisition of the stolen property
o Suspicion vs. Knowledge: suspicion is the imagination of
the existence of something without proof
Knowledge of the commission of the crime may be established
by circumstantial evidence
2, Commission of the Crime

 The offense must be proven beyond reasonable doubt

3.Without having participated therein either as principals or
accomplices
4. Take part subsequent to its commission.
Specific acts of accessories
o By profiting themselves or assisting the offender to
profit by the effects of the crime
By profiting themselves by the effects of the crime
The accessory should not take the property
without the consent of the principal; otherwise,
he should be prosecuted as a principal
When Profiting is Punished as Act of Principal:
When a person knowingly acquired or received
property taken by brigands
Assisting the offender to profit by the effects of the
crime
An accessory should not be in conspiracy with
the principal
o By concealing or destroying the body of the crime to
prevent its discovery
Body of the crime or Corpus Delicti
There must be an attempt to hide the body of the
crime
Concealing or destroying the effects or instruments
of the crime to prevent its discovery
Stolen property is the effect of the crime; pistol or
knife is the instrument of the crime
To prevent its discovery
Concealment,
destroying
the
body/effects/instruments must be done in order
to prevent the discovery of the CRIME
If the principal is concealed: it falls under Art.
19 par. 3
Is a person who merely received a property knowing it to be
stolen an accessory?=Profit or Conceal
o By harboring, concealing or assisting in the escape
of the principal of the crime
Two classes of accessory under Art. 19 par 3
(1) Public officer (2) HCA the escape of the
principal (3) with abuse of public functions (4)
not a light felony
(1) Private person (2) HCA the escape of the
author of the crime (3) crime committed is
either TPM-CE-KH

o Habitually guilty of some other crime

A mayor who refused to prosecute offender is
accessory
One who kept silent with regard to the crime he
witnesses is not an accessory
But if he gave false information to prevent
detection of guilty parties; he is an accessory
Accessories liability is subordinate and subsequent
Except when the crime was in fact committed
but the principal was not held criminally liable
because of an exempting circumstance
In exempting circumstances, there is a crime
committed
o But where the commission of the crime
and responsibility of the accused as an
accessory was established, the accessory
can be convicted notwithstanding the
acquittal of the principal
Convict of the basis of acquittal of
P is exempting circumstance
Acquit if the basis of the acquittal
of P is no crime was committed
Apprehension and conviction of the principal is not
necessary for the accessory to be held criminally
liable
Responsibilities of Principal, Accomplice and
accessories are distinct from each other
Barlam Case: The accused cannot be held liable as
an accessory under par. 3 Art 19 if the principal died
before the trial, because had he been alive, he might
have been found guilty only of homicide
Reasoning in the Barlam Case refuted:
accessory is given full hearing
The arraignment, trial and conviction of accessory
during the pendency of a separate case against the
principal are null and void
But when the principal is not yet apprehended, the
accessory may be prosecuted and convicted
There can be an accessory even after the principal
was convicted
Heavy Penalties for accessories in robbery and theft
Anti fencing Law
May be prosecuted under either RPC or SPL,
but the latter is preferred

Art. 20 Accessories who are exempt from criminal liability

Grounds for the exemption is ties of blood and the preservation
of cleanliness of ones name
Principals related to accessories exempt from criminal liability
[SAD-BS]
o Even if only two of the principal are brothers of the
accessory and the others are not related to him, such
accessory is exempt from criminal liability
Relationship by affinity between surviving spouse and blood
relatives of the deceased spouse survives even after the death of
the deceased spouse
Nephew or niece not included among such relatives
Accessory is not exempt from liability if he profited or assisted
the offender to profit by the effects of the crime
Only accessories under par 2 and 3 of Art. 19 are exempt from
criminal liability if they are related to the principals
Liability of a public officer when related to the principal
o No liability because the ties of blood or relationship is more
powerful incentive than call of duty
PENALTIES
Penalty, defined: the suffering that is inflicted by the State for
the transgression of a law
Concept of penalty: pain
Different juridical conditions of penalty
o Productive of suffering, commensurate, personal, legal,
certain, equal, correctional
What is the purpose of the State in punishing crimes
o Prevention, Self-defense, Reformation, Exemplarity, Justice
Social defense and exemplarity justify the penalty of death
Three-fold purpose of penalty under RPC
o Retribution (commensurability)
o Correction or Reformation
o Social defense
Constitutional restriction on penalties
o Not excessive
o Not cruel and unusual
Article 21 Penalties that may be imposed
Simply announces the policy of the State against punishing
crimes not yet prescribed by law

Reason: man cannot be expected to obey an order that has not

been given
No penalty prescribed by law prior to its commission
Subsidiary penalty for a crime cannot be imposed, if it was not
prescribe by law prior to its commission

Article 22 Retroactive effect of penal laws

Art. 22 is not applicable to the provisions of the RPC
o It relates to penal laws (1) prior or (2) subsequent
General rule is to give criminal laws prospective effect
Exception is when retroactive effect is favorable to the accused
o The exception applies to law dealing with prescription of a
crime
Reason for the exception
o The sovereign recognition of the unjustness of the greater
penalty
But the new law may provide otherwise
Or Habitual delinquent
o Convicted third time or oftener for crimes of PI-FRET within
a period of 10 years
Giving retroactive affect, if unfavorable to the accused violate
the constitutional inhibition as to ex post facto laws
Although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the
same
Favorable to accused doctrine does not apply to civil liability
o But a new lae increasing the civil liability cannot be given
retroactive effect
Article 23 Pardon
A pardon by the offended party does not extinguish criminal
action
o Only the chief executive can pardon offenders
Compromise does not extinguish criminal liability
Except as provided in Art 344 where the offended party in crimes
of adultery and concubinage shall have consented to or
pardoned the offenders
Seduction, rape, abduction or AOL, express pardon may prevent
criminal prosecution
Pardon under Art. 344 must be made before institution of
criminal prosecution
Pardon under Art 344 is only a bar to criminal prosecution

But civil liability arising from the interest of the injured party is
extinguished by his express waiver

Art. 24 measure of prevention which are not considered penalties

Art 25 Penalties which may be imposed
Art. 26 Fines