You are on page 1of 15

1.

Fundamental Principles
a. What is criminal law? Is a branch of public law bec. It treats acts of
omissions which are primarily wrong against the state.
b. What are the constitutional limitations on the right to enact penal laws?
Must be general in application; substance due process; no cruel
punishment; no ex post facto; no bill of attainder
c. What is an ex post facto law? Applies only to penal laws; cannot prohibit
retroactivity
d. What are the characteristics of a penal law? Applicable to all law unless if
favorable to offender
e. Does prospectivity rule cover only laws enacted by the legislature? Also
administrative rules and judicial decisions. Laws look forward not
backward.
f. What is the effect of the courts interpretation upon a written law?
g. What is principle of retroactivity of laws and what is the rationale behind
it? Law looks forward; presumption of innocence
h. What are the different philosophies underlying the criminal law system
(classical or juristic, positivist or realistic, eclectic, utilitarians)? Human
free will retribution, predetermined on the offense; man is good,
correctional curative, on acroa; mix; protection
i. What is the principle of nula poena sine lege?
j. What is the rule in the interpretation of penal laws in relation to accused
culpability?
k. What is the equipoise rule? When evidence equally balanced should be
ruled in favor to accused (presumption of evidence)
l. What is the principle of liberality in the application of laws on the
accused? That incase of two interpretation, its ruled favorable to the
accused.
m. What is the meaning of the maxim actus non facit reum, nisi mens sit rea?
The act itself does not make a man guilty, unless his intentions were so.
n. How are crimes classified? Dolo (deliberate intent); Culpa (means of fault)
o. What are crimes in mala in se? Inherently evil (rape, murder)
p. What are crimes mala prohibita? A law prohibiting it makes it evil
(electoral laws)
q. If a special law uses the nomenclature of penalties in the Revised Penal
Code what is the effect on the nature of the crime covered by special law?
It will go a degree lower depending on the discretion of the judge.
r. Which of mala in se and mala prohibita involve moral turpitude?
s. What is the effect of the repeal of penal law on the accused? Absolute or
total repeal- the act or omission is decriminalized. Pending- dismissed
whether habitual or not; if convicted or serving sentence- release if not
habitual or the law provides.

2. Article 1: Time when RPC takes effect


3. Article 2: Application of RPC
a. What are the scope of application of the RPC? Inter-territorial- within
the Phil territory; extra-territorialto those crimes outside the
jurisdiction
b. What does the phrase except as provided in treaties and laws of
preferential application mean? Application: i.e reason on military
bases, head of states and their official reps. (immunity from suit but if
outside government function liable)
c. What compromises the Philippine Archipelago? Atmosphere, internal
waters, subsoil, seabed, maritime zone, insular shelf)
d. Is it correct to refer to the Philippine Government as Government of
Philippine Island? No. (Government of the Republic of the Philippines)
CHAPTER 1: FELONIES
4. Article 3: Definitions
a. What are felonies- Acts or omissions punished by law.
b. How are felonies committed- Dolo or Culpa
c. What are the elements of intentional felonies and culpable feloniesFreedom, Intelligence, Intent.
d. What is intent- Having in complete mental process
e. What is the rule on the existence of intent- Shown by overt acts of a
person (processed to exist when person dies)
f. How is intent manifested- Presumed unless proven contrary
g. Is motive determinant of criminal liability- No, motive is immaterial
h. When is motive material in determining the criminal agency- When act
brings variant crimes, identity of accused is doubtful, evidence on the
commission of the crime is purely circumstantial.
i. What are the factors of intent- Mistake of fact, Aberratio ictus, Error in
personae, Praeter intentionem, Proximate cause (the cause of the
cause is the cause of the evil caused)
j. What is aberration icus- Mistake in victim of the blow (3 persons) may
result to greater criminal liability
k. What is error in personae- Mistake in identity (2 persons)
l. What is praeter intentionem- so grave a wrong cause than that
intended (resulting to a consequence much graver)
m. What is proximate cause- the cause of the cause
n. Define intelligence within the purview of felonies5. Article 4: Criminal Liability
a. Who are liable for felonies- Who commits it (dolo/culpa); Impossible
crimes
b. How many clauses are there in paragraph 1 article 4- Two; Any person
committing the crime (dolo/culpa); Wrongful act be done different from
which he intended
c. Does the first clause refer only to intentional felony- Yes

6.

7.

8.

9.

d. What is an impossible crime- Act done cannot create an offense


e. What are the 2 kinds of inherent impossibility- means of employed is
either inadequate or ineffectual
f. If there is no crime committed, why is impossible crime punished- To
teach a lesson to the offender
g. Is there an impossible crime of rapeArticle 5: Duty of the court
a. What is the proper decision that the court should render if it tried a
case for an act which is not yet punishable by law- There is no crime
when there is no law that defines and punishes it
b. What is the duty of the court when the penalty prescribed for a felony
is excessiveArticle 7: Consummated, frustrated and attempted felonies.
a. When is a felony consummated- All acts of execution are present; no
longer in control of outcome.
b. When is a felony frustrated- offender has reached the objective stage,
produced acts that would create the felony but crime was not
committed
for
reasons
independent
of
his
will.
If
independent(homicide); the wound is fatal but he brought him to the
hospital and victim survived crime may be physical injuries
c. When is a felony attempted- offender is still in subjective stage; not all
acts are performed. He has still control of overt acts
d. What are overt acts- those of which is allowed to continue will logically
result in a felony; it is a start of a criminal liability
e. What are the preparatory acts- prior act. Ex. Buying poison
f. What is required for the overt act to be considered an attempt of a
felony- Directly. Ex. Person about to rob a store and forced open the
window but before he could rob it he was apprehended.
g. What is desistance- absolutory circumstance true only in attempted
stage either consummated or frustrated but if felony is stopped cause
of another thing he has committed a felony; offender still has control of
his acts. (if lost control-subjective phase)
h. What is the frustrated stage of a felony(attempted)
i. What crimes do not admit of frustrated stagej. Distinguish between the attempted and frustrated feloniesATTEMPTED (not all acts performed, is an accident, still in subjective
stage) FRUSTRATED (all acts performed, independent of will, objective
phase)
Article 7: Light felonies
a. When are light felonies punishable- Only when consummated except
when for crimes against persons or property; in all stages if crime is
against persons or property
b. Who are punishable in light felonies- principals or accomplices.
Accessories are not liable
Article 8: Conspiracy and proposed to commit felony
a. What is conspiracy- When proposal is accepted
b. What proof is required for conspiracy-

c. To be liable for conspiracy, what is done by a conspirator- should have


performed some overt act as a direct or indirect contribution in the
execution of the crime planned
d. What are the two concepts of a conspiracy-crime by itself; mere act of
conspiring. Basis of incurring liability; execution of plan
e. What is implied conspiracy- offenders acted in concert during the
commission of the crime; should participate
f. When conspiracy involves a pre-conceived plan what should be
required of the co-conspiratorg. Does a finding of conspiracy require direct proof thereof- evidence
must be strong enough to prove it
h. Is it necessary for the co-conspirators to perform equally each and
every part of the acts constituting the offense- conviction is proper
proof of conspiracy
i. What is the concept of The act of one is the act of all- each will be
deemed equally guilty and liable
j. In the absence of a conspiracy, what is the liability of the offendersk. What is the arias doctrine- all heads of the offices have to rely a
reasonable extent on their subordinates and on the good faith of those
who prepare bids, purchase suppliers, or enter into negotiations.
10.Article 9: Grave, Less Grave and light Felonies
a. How are felonies classified as to gravity- grave(capital punishment or
afflictive penalty), less grave(maximum period are correctional,
maximum period) and light (infractions punished by arresto menor or
fine below 200.00 or below)
b. What is the significance of classifying felonies into grave, less grave
and light- if felony is punishable, whether the accessory is liable,
whether a complex crime was committed, duration of subsidiary
penalty, duration of detention, if crime has prescribed, and proper
penalty for quasi-offenses
11.Article 10: Offenses not subject to the provisions of RPC
a. What are special laws- define and penalize crimes not included in the
Code; they are different from those defined and punishable therein
b. What is the suppletory effect of the RPC on special law not availableCannot be invoked where is legal or physical impossibility of or a
prohibition in a special law against such supplementary application
c. What is the relation between dolo and special law- Dolo is not required
in crimes punished by a special statute like an Anti-Fencing Law bec. It
is the act alone irrespective of the motives which constitute the
offense. When proved the petitioner committed an unlawful act it is
presumed the acted with full knowledge and criminal intent
12.& 13. Article 11: Justifying Circumstance
a. What circumstances do affect criminal liability-Defense of self, relatives
and of strangers; state of necessity; fulfillment of duty; obedience to
superior order.
b. What is entrapmentc. What is buy-bust operation-

d. Can instigation and frame be both present in a casee. Distinguish between entrapment and instigation-

----------------------------------------------------------------------------------------------f.

g.

h.
i.

j.

k.
l.
m.

n.
o.

p.

What are Justifying circumstances- where the acts of the actor are in
accordance with law and hence there is no criminal liability; no crimeno criminal- no civil liabilty
What are requisites for self-defense1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent
or repel it
3. Lack of sufficient provocation on the part of the person
defending himself
What is unlawful aggression- primordial requisite which must be
present at all times; when absent- no self defense even if complete
What is the condition precedent for the existence of the circumstance
of self-defense- actual, sudden, unexpected or imminent danger and
not merely an intimidating or threatening attitude.
What is the rule when aggression cease to desist- aggressor ran away
after the attack or when the defender was able to wrest the weapon
from the aggressor.
When is unlawful aggression not appreciated- when defense has
ceased
When is there reasonable necessity of the means employedWhat are the elements of defense of relatives- in case provocation
came from person by the person attacked, person defending himself
had no part therein
What are the elements of defense to strangers- person defending is
not induced by revenge, resentment or other evil motives
In the event that not all of the requisites for the defense of a relative
are attendant, what will be the effect1. All requisites are present- JUSTIFYING
2. 2 requisites are present one of them is unlawful
aggression- PRIVILIGE MITIGATING
3. Only unlawful aggression is present- MITIGATING
What does the defense of honor encompass-

q. Can there be justifying circumstance of defense when what is involved


is propertyr.

What are the elements of state necessity1. The evil sought to be avoided actually exists

2. The injury feared be greater than that done to avoid it


3. There is no other practical and less harmful means of
preventing it
s. What are the elements of fulfillment of duty or exercise of right or
office1. The offender acted in the performance of a duty or the
lawful exercise of a right or office
2. The injury caused or offense committed is the necessary
consequence of the fur performance of such right or office
t. When is obedience to superior order appreciated1. An order has been issued by a superior
2. The order is for a legal purpose
3. The means used to carry out such order is lawful

14.Article 12: Circumstances which exempt Criminal liability


a. What are exempting circumstances- imbecility/ insanity; minority;
accident; compulsion of irresistible force; impulse of uncontrollable
fear; insuperable or lawful cause
b. Distinguish between justifying and exempting circumstances J; act is legal -> E; act is criminal
There is no crime -> the is a crime and criminal
No crime no criminal and civil liability -> there is a crime and
civil liability but the law exempts the actor from criminal
liabilities
The emphasis of the law is on the act -> the emphasis of the
law is on the actor
INSANITY:
a) What is insanity- a manifestation in language or conduct or disease or defect
of the brain or a more or less permanently diseased or disordered condition of
the mentality, functional or organic and characterized by perversion,
inhibition, or disordered function of sensory or of the intellective faculties or
by impaired or disordered volition
b) What is the rule when insanity is interpose as a defense- burden rests on the
accused. Law assumes every man is sane. Absence of sufficient evidence law
will assume act to be voluntary
c) What should be done to an insane or imbecile who has committed a felonycourt shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted which he shall not be permitted to leave
without first obtaining the permission of the same court
d) What are the test or criterion for insanity- cognition test/ complete
deprivation of intelligence in committing the criminal act; and volition test or
a total deprivation of the freedom of the will. Cognition test must always be
present
e) What is schizophrenia? How does it affect criminal liability- chronic mental
disorder characterized by inability to distinguish between fantasy and reality;

and ofter accompanied by hallucinations and delusions. Formerly called


dementia pratecor. Between 13-30
f) What is required for imbecility to be accepted as a defense-

MINORITY:
a)
b)
c)
d)
e)

What is the minimum age of criminal responsibility under RA 9344- 15


Who are those exempt from criminal liabilityHow is age of a minor determined
How are penal laws to be construed as to minor offenders
May a minor found criminally responsible nevertheless escape penalty

ACCIDENT:
a) What is required for the circumstance of accident to be accepted*the accused was performing a lawful act with due care
*the injury is caused by mere accident
*there was no fault or intent in causing the injury
b) What is negligence- Omission to do something which a reasonable man,
guided by those considerations which ordinarily regulate the conduct of
human affairs, would do, or doing of something which a prudent and
reasonable man would not do.
IRRESISTIBLE FORCE:
a) What are the elements of irresistible force as an exempting circumstance*the force must be physical, must come from an outside force, and the
accused must act not only without a will but also against his will
*the actor must be reduced by mere instrument, such that the element of
freedom is wanting
*the duress, force, fear or intimidation must be present, imminent and
impending and of such a nature as to induce a well-grounded fear of death or
serious bodily injury if act not be done.
b) What is essence for duress to be a valid defense-

UNCONTROLLABLE FEAR:
a) What are the elements of uncontrollable fear*threat which caused a fear of an evil greater than or at least equal to that
which the accused was required to commit
*it promised of an evil of such gravity and imminence that the ordinary man
would have succumbed to it
INSUPERABLE CAUSE:

a) What is this cause- is an exempting circumstance which applied to felonies by


omission. The law imposes a duty on the offender to perform an act but his
failure to do so is due to a lawful or insuperable cause.

CHAPTER 3
13.Article 13: Mitigating Circumstances
a. What are the mitigating circumstances- shows lesser perversity of
offender and are considered to lower the penalty to the minimum
period prescribed by law
b. What is the rationale for allowing mitigating circumstances in favor of
the accused- show mercy and leniency in favor of an accused who has
shown lesser perversity in the commission of the offense
c. What are the classifications of mitigating circumstances1. Ordinary- lowers penalty to minimum period (2 mitigating
and no aggravating circumstance)
2. Privileged- lowers penalty prescribed by one or more
degrees whether it is a divisible or indivisible penalty
3. Specific- applies to a specific felony like concealment of
dishonor in the case of abortion by pregnant woman
d. Distinguish between ordinary and privileged mitigating circumstancesOrdinary can be offset by generic aggravating circumstance; privilege
cannot
INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCES
a. What are the requirements for the mitigating circumstances of
incomplete justification/exemption to be present- majority requisites to
exempt or justify are present
b. When is incomplete defense an ordinary mitigating circumstance.
When is it privileged mitigating circumstancec. Unlawful aggression a mitigating circumstance- incompleteness for the
requisite for defense
PRAETER INTENTIONEM
a. What is thisb. When can this not be invoked
SUFFICIENT PROVOCATION
a. What
a.
b.
c.

are the requirements of this to be appreciatedProvocation must be sufficient


Must be immediate to the commission of the crime
Must originate from the offended party

IMMEDIATE VINDICATION OF A GRAVE OFFENSE

a. In immediate vindication of a grave offense, is the offense required to


be a crime- if no interval of time has elapsed between provocation and
commission of crime
b. How should the word immediate in the mitigating circumstance be
understood- proximate
PASSION AND OBFUSCATION
a. What is necessary for this to be considered- if it arises from lawful
sentiments
b. When is this not appreciated- anger for delay; acts were done is spirit
of revenge and lawlessness, for which no mitigating circumstance of
passion and obfuscation can arise
c. How further should the act that produces passion and obfuscation be
from the commission of the crimeVOLUNTARY SURRENDER
a. What are the elementsa. Offender surrender to an authority
b. Surrendered before arrest is affected
c. Must be voluntary
d. No pending warrant of arrest or info. filed
b. Who should surrender- offender should surrender. 1 week after crime
VOLUNTARY PLEA OF GUILT
a. What are the elementsa. Plea of guilt was made in an open court
b. Spontaneous and unconditional
c. Made before presentation of evidence by the prosecution
b. May both voluntary surrender and voluntary plea of guilty be
considered in one case-

PHYSICAL DEFECT AND ILLNESS


a. What is required for this to be mitigating- illness must be related to the
offense committed because the law requires that the defect has the
effect of restricting his means of action, defense, or communication to
his fellow beings
b. What is necessary for illness that diminished the exercise of willpower
be considered as mitigating- illness must only diminish and not deprive
offender of the consciousness of his acts. Otherwise he will be exempt
from criminal liability
ANALOGOUS CIRCUMSTANCE
a. Cite examplesa. Restitution of the questioned funds by petitioner (malversation
of public funds)

b. Petitioner voluntarily took the row to the municipal hall to place


is unconditionally in the custody of the authorities and this save
them the trouble of recovering the cow
c. Even if their formal education were ignored, such attenuating
circumstance is unavailing
CHAPTER 4
16.Article 14: Aggravating Circumstance
a. What are the different kinds of this- Generic; Qualifying; Specific;
Inherent
b. What are is the fundamental requirement concerning qualifying
circumstances- cannot be offset by M.C; Change the nature of the
crime and the designation of the offense; Must be alleged in the
information; Must be proved as conclusively as the guilt of the
offender.
c. What are special aggravating circumstances- this applies to a
particular felony. They do not change the character of the offense
charged but guides the court in imposing the proper penalty.
ABUSE OF OFFICIAL POSITION:
a. When abuse or taking advantage of official position present- did the
accused abuse his office in order to commit the crime? If he did then this
circumstance is present. Ex. He falsifies documents in connection with his
duties
b. How does the circumstances of taking advantage of official position
aggravate the offense- the public official must use the influence, prestige
and ascendency which his office gives him in realizing his purpose.
INSULT TO PUBLIC AUTHORITIES:
a. What are the requisites for the circumstances of contempt of or with insult
to public authorities be appreciateda. The public authority is engaged in the discharge of his duties
b. Offender knows the identity of the public authority
c. The crime was committed in his presence. It must not be against
the person in authority for then the crime would be direct assault
and this circumstance will be absorbed being inherent therein.
AGE, SEX, RANK, DWELLING:
a. What are the common factors with regard to circumstances of insult or
lack of regard due to the offended party by reason of age, sex, or rank or
the crime is committed in the dwelling of the offended party- There must
be proof that the offender intended to offend or insult the age or sex of
the offended. Thus this circumstance cant coexist with passion and
obfuscation because here the offender lost his sense of reason.
b. Is mere fact that the victim of the offense is female an aggravating
circumstance of disregard of sex- No. it must also appear that in the

unlawful taking of her life, there was some specific insult or disrespect to
her womanhood.
c. Disregard or disrespect due to age- it should be clearly demonstrated that
the accused deliberately intended to act with insult or in disregard of the
respect due the victim on account of his rank. Does this cover tender agerefers to both elderly and youth
d. When aggravating circumstance of dwelling (morada) appreciatede. What is included in dwelling- includes dependencies, staircase, and
enclosures under the house; not necessary that the offended owns the
house. It includes a room in a boarding house.
f. Must offender enter the dwelling of the victim for this circumstance to be
appreciated- is a building or structure exclusively used for rest and
comfort.
g. When is dwelling not aggravatinga. The offended has given his provocation
b. Both offended and offender live therein
c. Dwelling is inherent in the crime such as trespass to dwelling or
robbery in an inhabited place.
h. Why is dwelling an aggravating circumstance- the offenders greater
perversity in deliberately invading the tranquility in anothers domicile.
ABUSE OF CONFIDENCE:
a. What are the requisites of abuse of confidence/ obvious ungratefulness as
an aggravating circumstancea. Offended had trusted the offender
b. Offender abused such trust
c. Such abuse of confidence facilitated commission of the crime
PALACE OF CHIEF EXECUTIVE:
a. Is the performance of public function necessary in the appreciation of
aggravating circumstance in paragraph 5 of article 14- is not necessary in
the circumstance the offense being committed in the palace of the chief
executive, in a place devoted to religious worship or in the presence of the
chief executive. Offender must have sought any of the four places in par. 5
for the commission of the crime.

NOCTURNITY:
a. Will the commission of the offense at night give rise to the circumstance
of nocturnity - The crime must be committed exclusively at nighttime and
not started at daytime. It is not considered in crimes where nighttime is a
mere accident or has no influence in the perpetration thereof.
b. What factors will make nighttime not appreciable- Where prosecution
established no more than the simple fact that the crime was committed at
night. Nighttime must be deliberately sought

c. What time period is covered by nocturnity- beginning at dusk and ending


at dawn
d. Is nighttime a qualifying circumstance- No. it becomes so if it is sought by
the offender to take advantage by him to facilitate commission of crime or
to secure his immunity from capture.
UNINHABITED PLACE:
a. What determines whether a place is uninhabited- by the reasonable
possibility of the victim receiving some help or where there are no people
or any number of houses within a perimeter of less than 200 meters.
BAND:
a. When is the circumstance of band present- consist of more than three
armed malefactors organized with the intention of carrying out any
unlawful design. They should have acted together in the commission of
the crime
b. When is band present as an aggravating circumstance-Similar to abuse of
superior strength whose essence is the utilization of the combined
strength of the assailants to overpower the victim to consummate the
offense.(a. armed men or persons took part in the commission of the
crime directly or indirectly; b. the accused availed himself of their aid or
relied upon them when the crime was committed
c. When conspiracy is proved, can band be appreciateda. In band there must be at least 4 armed men in aid of armed men
there is no required number of malefactors
b. The band members are all principals for they take part in the
commission of the felony under the same plan and same purpose.
c. Band absorbs aid of armed men
CALAMITY OF MISFORTUNE:
a. To what does other calamity or misfortune in this paragraph referoccasion on conflagration, shipwreck, earthquake, or epidemic when
offense was committed
b. Distinguish par. 7 from par. 12 of art 14- In par. 12, the calamity is
mean in the commission of the crime. Aggravating because of
offender instead of lending aid to the victims, adds to their sufferings

the
the
the
the

HABITUALITY:
a. What are the different forms of this- recidivism, reiteracion, habitual
delinquency, quasi-recidivism
b. Who is a recidivist- is the one who at the time of his trial for one crime,
shall have been previously convicted by final judgement of another crime
embraced in the same title of the code. There must be two convictions
c. What is the nature of recidivisma. 15 days have elapsed from the promulgation without the convict
appealing the conviction
b. Offender started serving sentence

d.

e.

f.

g.

h.

i.

c. He expressly waived his right to appeal


d. He applied for probation
What is required of recidivism to be appreciated- prosecution presented
certified true copies of the judgement of conviction in the other case. It
is an affirmative allegation whenever alleged in the info when the accused
enters a plea of not guilty to such info., there is a joinder of issues not only
as to his guilt or innocence but also as to the presence or absence of the
modifying circumstance alleged.
What is reiteration- the offender has been previously punished. The 1 st
offense was punished with an equal or greater perversity or he committed
two or more crimes previously where he was meted lighter penalty.
Despite previous punishment, offender didnt learn his lesson
Distinguish between recidivism and reiterationa. Recidivism requires a previous conviction by final judgement;
Reiteracion requires service of sentence
b. In Recidivism the offenses are under the same title; in reit. It is not
so required
c. In Redi, there is no requirement as to the penalty; in reit. The crime
must have been imposed with a penalty equal or greater than the
second crime must have served for two or more crimes carrying a
lighter penalty
What is habitual delinquency- is a special Aggravating Circumstance and
unlike the other kinds of AC which merely increases the penalty, in here it
has its own penalty which escalates with the increase on the no. of
convictions. (Penalty of felony+ the habitual delinquent the total of which
should not be more than 30 years.
Distinguish between recidivism and habitual delinquencya. In reci., a second conviction is enough; in habitual a 3 rd conviction is
necessary
b. In reci., it requires that the crimes involved be both under the same
title of the code; in habitual the crimes are specific
c. Reci doesnt prescribe bec. There is no time limit bet. The 1 st and 2nd
conviction; habitual prescribes if the time limit bet conviction is
exceeded
What is quasi-recidivism- is a special AC which may not be offset by an
ordinary MC. The offender has been previously convicted by final
judgement and before beginning to serve such sentence, or while serving
the same he committed a felony

PRICE, PROMISE, REWARD:


a. Who are affected by this circumstance- affects equally the offeror and
acceptor. The offeror is a principal by inducement and the acceptor, the
principal by direct participation. The inducement is the primary
consideration in the commission of the crime for this circumstance to be
aggravating.

INUNDATION, FIRE, ETC:


a. In the circumstance on inundation, fire, poison, explosion, stranding of a
vessel, or intentional damage thereto, derailment of locomotive or the use
of any other artifice involving great waste and ruin, what factor should be
consider-

EVIDENT PREMEDITATION:
a. What is this- lapse of a period sufficient in a judicial sense to afford full
opportunity for meditation and reflection and sufficient to allow the
conscience of the actor to overcome the resolution of his will. 3/1/2 hrs.
from the plan so its execution is sufficient for the accused to
dispassionately reflect upon the consequences of his act or desist from
execution
b. What are the elementsa. The time when offender determined to commit the crime
b. An ACT manifestly indicating that he has clung to his determination
c. Sufficient LAPSE of time bet. Such determination and execution to
allow him to reflect upon the consequences of his act
c. What must be clearly established for evident premeditation to be
considered- must be shown when the plan to kill was hatched or the
length of time that elapsed before it was carried out for the essence of
evident premeditation is stubborn adherence to a decision to commit a
felony
d. When is this not appreciated- to qualify a killing to murder in the absence
of evidence not only of sufficient lapse of time but also in the planning and
preparation to kill when the plan was conceived.
e. What is the relationship between conspiracy and evident premeditationGRAFT, FRAUD, DISGUISE:
a. Distinguish the threea. Craft- cunning or intellectual trickery or chicanery resorted to by the
accused to carry out his evil design
b. Fraud- constitutes deceit manifested by insidious words or
machinations.
c. Disguise- is used to conceal identity
ABUSE OF SUPERIOR STRENGTH OR MEANS TAKEN TO WEAKEN THE
DEFENSE:
a. When is there abuse of superior strength- when there is notorious
inequality of focus between the victim and aggressor
b. When is this not appreciated- if the assault was characterized with passion
or obfuscation or made during quarrel.
c. When is this appreciated- an attack by a man w a deadly weapon upon an
unarmed and defenseless woman. Which his sex and weapon afforded
him.

TREACHERY:
a.
b.
c.
d.
e.
f.
g.

What is thisWhat are the two conditions necessary for its presence
May treachery be appreciated even if the victim was warned of danger
From whom should the retaliation in treachery come
What must be established to prove this
When should this be present
When the manner of the attach is not shown, does the fact the wound is
at the back show treachery
h. When will frontal attack constitute treachery
i. What is the nature of T as an aggravating circumstance
j. What is the proof required if T is to qualify homicide to murder
k. How is T in relation to other circumstances
l. Can T be present in a chance encounter
IGNOMINY:
a. What is involved in the circumstance that means employed or
circumstance brought about to add ignominy to the natural effects of the
crime
UNLAWFUL ENTRY/BREAKING THE WALL:
a. When is the unlawful entry
AID OF MINORS/USE OWHAT ARE F MOTOR VEHICLES:
a. How are the circumstances in par. 20 of art 14 treated
CRUELTY:
a. For cruelty to be aggravating, what are required to have attended in the
commission of the cruel acts
b. When cruelty is not shown because the victim may be already dead, what
instead may be present
17.Article 15: Alternative Circumstances:
a.

You might also like