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Atty. Maximo Amurao
CRIMINAL LAW 1
June 17, 2011
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Partial or Implied
-the crime is still punishable, but modified (in terms of penalty)
-example: the case of Robin Padilla, PD 1866 was partially repealed by RA 8294, which
reduced the sentence for illegal possession of firearms, thus qualifying Robin Padilla for
parole
3.
Self-repealing
-deemed repealed upon the expiration of the date specified by the law
-the law dies a natural death
-example: RA 1700 (Anti-Subversion Law) and Rent Control Law
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*Philippine authorities shall have the primary right to exercise jurisdiction over all offenses
*Especially, when it is a threat to the security of the Philippines,
a) treason
b)espionage
c)sabotage
EXCEPT:
*crime committed by a US personnel against the property and security of the US Ph has no
jurisdiction, these includes:
1. against the property of the US
2. against the security of the US
3. against the property of another military personnel
4. against the security of another military personnel
5. committed in the performance of official duties
Q: Suppose US military personnel was driving at Roxas Blvd to deliver a confidential letter to the US
embassy, while driving, he run over a pedestrian, which court has jurisdiction?
US. Committed in the performance of official duties.
Q: Suppose one night US military personnel went to the bar, after drinking and being so tipsy, raped a
woman, which court has jurisdiction?
PH. Not in the performance of official duties
Q: Suppose 2 Filipino citizens working as US military personnel in the PH had a quarrel. Filipino 1 shoots
Filipino 2. Who has jurisdiction?
US. Citizenship is immaterial. What is important is attachment to the US military
Q: Suppose the one who was injured filed a civil case for damages, will it prosper?
No. VFA covers only criminal aspect
Q: 1 US marine stole the wallet of another US marine, who has jurisdiction?
US. Property of another military personnel
Q: Suppose you are a judge, the US wrote a letter for you to waive jurisdiction, what will you do?
Generally, the PH has to waive jurisdiction upon request of US. The request for waiver cannot be
rejected.
Q: Is this rule absolute?
No. The request for waiver may be rejected if the crime is of particular importance
RA 9659 (heinous crime)
RA 7610 (child abuse cases)
RA 9165 (dangerous drugs)
Q: Suppose US military personnel committed kidnapping, who has jurisdiction?
PH courts. This is a crime against personal security
Q: Give an example of Laws of Preferential Application that is local in nature?
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Constitution
*immunity suit of president
*absolute immunity of Congress for privilege speeches
*Congress immune from libel
NOTE: Art 6, Sec 11, 1987 Consti is not an exception. BECAUSE Congress is only immune from
arrest not from prosecution
Q: What else?
RA 75 Public International Law
Diplomatic immunity and cannot be sued, arrested or punished by the law of the country where
they are officially assigned:
Ambassadors
Sovereign or other chief of State
Ministers plenipotentiary or minister residents
Charge daffairs
Domestic Servants of persons mentioned
NOTE: Consuls and other consular officials are not exempt from criminal liability because they
represent the business, commercial mercantile of their country; while, ambassadors, chiefs of
State, etc. represent the political interests of their country of origin.
WARSHIP RULE
-warship of another country, even though docked in the PH is considered an extension of the
territory of that country
Q: suppose the warship of US is docked at Subic, one day, you went to Subic with your gf, brought her to
the ship, and then raped her. Will you be prosecuted?
No. Warship is an extension US territory
Q: suppose after raping her, you brought your gf to her parents, will you be prosecuted?
No. Warship rule
Embassy Rule same as warship rule
Q: Suppose one day, you shut a person at Roxas Blvd, when the police officers were running after you,
you jumped over the fence of US embassy. May the officers arrest you, while you are inside the US
embassy?
No.
Q: What is then the remedy of the officers (Ph government)?
Extradition
Q: suppose a Filipina legally married had sexual intercourse with an American at the Ph embassy. Is there
any crime committed?
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Yes. The crime of adultery, but she cannot be prosecuted under Ph courts because of the embassy
rule.
Q: who else is exempt/immune from criminal prosecution?
Executive directors of WHO
Members of the Constitutional Commission
Justices of Supreme Court
Q: How about consular officials?
They are not covered. They are not exempt from criminal liability because they represent the
business, commercial mercantile interests of their country of origin.
Q: Suppose Ambassador of Japan to the US committed a crime in the Philippines, may he be prosecuted?
Yes, because he is not a recognized diplomatic representative of his country to the Philippines.
Article 2
^par 1-5 of Art 2 is not an exemption to the territoriality principle, it is EXTRATERRITORIALITY!
Q: The first instance in Art 2?
Should commit an offense while on Ph ship or airship
Q: What is Ph ship or airship?
Ship registered with MARINA
Airship registered with Civil Aeronautics Board
Q: What are the requirements in order a ship/airship be a Ph ship?
It must be registered in accordance with Ph laws
Q: Why not register in Bureau of Customs?
The law requiring registration in Bureau of Customs had been repealed. Now its Marina and CAB
Q: Does PH include warship?
No. Warship has different rule
Q: Suppose a cargo ship in Quezon going to Malaysia, within Ph territory, 1 crew committed homicide
against another crew, who has jurisdiction?
PH. The crime is committed in PH territory
It is not important whether cargo ship is registered or not, because crime committed in Ph territory.
(Territoriality principle)
Q: Suppose that cargo ship traversed through international waters then reached the waters of Malaysia, 1
crew member committed homicide against another. Which court?
Malaysia. Because the crime is committed in Malaysian waters
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^Art 2, par 1 ceases to apply if the ship is in the territory of foreign country
^Art 2, par 1 applies only if the ship is in international waters
Q: Suppose you live in a coastal town, then you hired an unregistered motorboat, then you went to intl
waters, then you shoot your gf because you are so depressed because of recitations in criminal law review,
will you be liable?
No. unregistered motorboat
Q: suppose in the same motorboat, a married man with his new gf went on high seas, and there got married.
Is the man liable for any crime?
Yes. He is liable for bigamy. (because he contracted a second marriage)
BUT he cannot be prosecuted because of the territoriality principle. The crime was committed
outside Ph territory.
Q: suppose after the wedding ceremony, you went to a resort, where there is a big reception. In that resort,
you had your honeymoon; will you (married man) be liable for any crime?
No. Not concubinage because mere sexual intercourse not punishable, it must be under
scandalous manner
Q: suppose after your honeymoon, you live together in a condo in Manila, will you be liable?
Yes. Concubinage
Cohabitation; living in a separate home as husband and wife
Q: What are the 2 rules?
English Rule vessel is in the territory of another country, crimes committed in that area are
triable in that other country, unless the crimes committed involve purely internal matters within
the vessel; the emphasis is on the territoriality of the vessel; where the vessel is found
French Rule vessel is in the territory of another country, crimes committed in that area are not
triable in that country, unless the crimes committed have endangered the peace and security of that
country; the emphasis is on the nationality of the vessel; jurisdiction lies where the merchant
vessel is registered.
^The PH adheres to the English rule
Q: Cargo ship, registered in Panama while in Manila, 1 crew member shoot the other crew member, who
has jurisdiction?
Ph courts. Crime committed in manila
Q: Cargo ship, registered in Panama, carried shabu, which court has jurisdiction?
Ph courts.
Q: Second instance in Art 2?
Art 2 par 2.
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Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands
Q: what may be the subject of forgery?
Any coin, Currency Note, obligations and securities issued by the Government of the Philippine
Islands
Q: Suppose you have a printing press in Taiwan, and you printed Bagong Lipunan notes (martial law),
liable?
No. Because Bagong Lipunan notes are not legal tender
Q: Suppose coins withdrawn from circulation, liable?
Yes. The law does not distinguish. It says ANY COIN
Q: Suppose in you tampered a lotto ticket, liable?
Yes. Lotto ticket is obligations and securities issued by the GPI
Q: give examples of obligations and securities of GPI
Treasury bills, lotto tickets, bonds of the BSP
^Obligations and Securities of GSIS, SSS, Landbank are not of the GPI because they have their
own charter
Q: any other instance?
Art 2, par 3
Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number
^those who introduced the counterfeited items are criminally liable, even if they were not the ones
who counterfeited the obligations & securities
^on the other hand, those who counterfeited the items are criminally liable even if they did not
introduce the counterfeit items
Q: any other instance?
Art 2, par. 4
While being public officers or employees, should commit an offense in the exercise of their
functions
Q: who is a public officer? (see Art 203)
*taking part in the performance of public functions in the government, or performing in said
government or in any of its branches public duties as an employee, agent or subordinate official,
of any rank or class; and
*that his authority to take part in the performance of public functions or to perform public duties
must be
a. by direct provision of the law, or
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b. by popular election, or
c. by appointment by competent authority
Q: Suppose PH ambassador to Germany was given USD 200,000 as a fund to renovate the PH embassy
building in Germany. He used only USD 50,000 for the renovation, and gave the USG 150,000 to his
number 2 in Germany. Is he (ambassador) liable?
Yes. He is liable for malversation of public funds. He may be prosecuted in Ph courts.
He was in custody of the money by reason of his official functions
Q: Suppose our AFP high officials were tasked to scout for firearms abroad, and while they are negotiating
with foreign companies abroad, these companies inserted USD1000 in the proposal folder in anticipation
that their company will be chosen by AFP to be the supplier of our firearms. May these AFP officials be
liable?
Yes. They are liable for bribery.
Q: (follow-up) Even if the act of accepting the bribe was committed abroad, will they still be liable?
Yes, because the act was committed in relation or while the AFP are in discharge of their official
functions.
Q: Suppose Chairman Abalos (comelec) while playing golf in Shanghai, China received USD50,000 in
relation to the ZTE? Is there a crime committed? May he be liable?
Crime anti graft & corrupt practices act
BUT, he cannot be liable/prosecuted before Ph courts because Abalos has nothing to do with ZTE
(paki alamera lang siya). Therefore, he received the money not in connection with his official
function.
Q: Suppose the PH ambassador to Australia is legally married. Can he be prosecuted for concubinage?
No. Crime was committed outside PH
Crime was not in relation to official functions
Elements of concubinage:
1. That the man must be married.
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling.
b. Having sexual intercourse under scandalous circumstances with a woman who is
not his wife.
c. Cohabiting with her in any other place.
3. That as regards the woman she must know him to be married
Q: Can the PH ambassador use immunity from suit as a defense against PH courts?
No
Q: PH ambassador, married, had sexual intercourse with her American boyfriend in the comfort room of
PH embassy. May he be prosecuted?
Yes. Ph embassy is an extension of Ph territory
For what crime adultery
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Article 3
Q: What are felonies?
Acts and omissions punishable by law are felonies (delitos).
Q: What do you mean by punishable by law
Punishable by the RPC
Q: how felonies are committed?
Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).
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Lecture & Recitation Notes
MALA IN SE
*intent is essential
*good faith is a valid defense
*honest mistake of fact is a
defense
*punishable under RPC
*condemned by society
*act done must be criminal
intent
MALA PROHIBITA
*intent is not essential
*good faith is not a valid
defense
*honest mistake of fact is not a
defense
*punishable under special laws
*injurious to public welfare
*it is sufficient that the
prohibited act was done
an act or omission
Act any physical movement of the body (Amurao); any bodily movement
tending to produce some effect in the external world (Reyes)
Omission means inaction; the failure to perform a positive duty which one is
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bound to do; there must be a law requiring the performance of an act and
punishing the omission; eg. arbitrary detention; misprision of treason
punishable by the Revised Penal Code
^When there is a conflict between special penal laws and the Revised Penal
Code, in terms of the application of penalties, what to follow?
^What is important is the definition and the classification of the act (whether it is
an offense or a felony)
Special Penal Laws = penalties are stated in terms of years, months, days
Revised Penal Code = penalties are stated in terms of degrees, with death as the
highest penalty; classified as indivisible or divisible
a. indivisible = death and public censure
b. divisible (has 3 periods; what period to apply is dependent on the
aggravating and mitigating circumstances present in the case)
Penalties under the RPC (in descending order in terms of degree)
Death or Capital Punishment - indivisible
Reclusion Perpetua (20yrs & 1day 40yrs)
Reclusion Temporal (12yrs & 1day 20yrs)
Prision Mayor (6yrs & 1day 12yrs)
Prision Correccional
divisible
or Destierro (6mos&1day 6yrs)
Arresto Mayor (1mo & 1day 6mos)
Arresto Menor (1day 30days)
Fine
Public Censure indivisible
the acts done should be voluntary (Amurao)
voluntary - the concurrence of intelligence, freedom, intent (Ortega)
^all should be present in order to incur criminal liability
(a) intelligence no intelligence, no criminal liability; eg. children 15 yrs
old & below are exempt from criminal liability (RA 9344)
(b) freedom no freedom, act is not voluntary, no criminal liability
(c) intent essential to a felony; prosecution has to prove intent; good
faith is a defense
Article 12 of the RPC (Exempting Circumstances) is amplified by the importance
of the element of voluntariness:
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Exceptions to the general rule on malum prohibitum crimes (PLEASE REFER TO REYES BOOK)
1. Cuenca v. People
- Cuenca was acquitted by the SC from the crime of illegal possession of an unlicensed firearm; it is said
that the SC erred in its decision (Amurao)
2. People v. Landicho
- convicted by the trial court; decision reversed by the Court of Appeals
- the CA held that convicting the accused would be sacrificing substantial justice for mere technicality
3. People v. Mallare
- case was about the delay of the issuance of the license
- the accused convicted by the trial court; decision reversed by the CA
- the CA held that the blame should be put on the government not on the applicant of the license
4. mere transient possession of unlicensed firearm
- not criminally liable
- in the crime of illegal possession of unlicensed firearm, for an accused to be criminally liable, there
should be animus posidendi or intent to possess
Article 4
Concept of proximate cause injury inflicted
Q: What is proximate cause?
Proximate cause is that cause which sets into motion other causes and which unbroken by any
efficient supervening cause produces a felony without which such felony could not have resulted
As a general rule, the offender is criminally liable for all the consequences of his felonious act,
although not intended, if the felonious act is the proximate cause of the felony or resulting felony.
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A proximate cause is not necessarily the immediate cause. This may be a cause which is far and
remote from the consequence which sets into motion other causes which resulted in
the felony.
Immediate cause infection
Q: What is efficient intervening cause?
Efficient Intervening Cause interrupted the natural flow of events leading to ones death
*Victim is under no obligation to submit to medical treatment to reduce or mitigate the liability of the
accused.
Q: A, B, C hold up a bus, a passenger ran away, hit by the car, passenger died. Who is liable?
ABC
Q: Hold up in a nearby grocery store, old man suddenly collapsed seeing the commotion, old man
eventually died, who is liable?
Robbers
Immediate cause heart failure
Q: Suppose Atty Amurao during recit, you collapsed, hit the table and massive bleeding, dead on arrival,
is amurao liable?
No. Recit is not a crime
Q: suppose because of your wrong answers, amurao shouted defamatory words, liable?
Yes. Amurao committed slander
Q: Is it wrong to love a married person?
No. As long as it does not go beyond that point
Q: Sexual intercourse with a married woman, while doing the act, the woman had heart attack, will you be
liable?
Yes. You committed adultery
Q: Man married, had a sexual intercourse with a single woman, the woman had heart attack, died. Will you
be liable?
No. Concubinage is not committed
Q: If under a tree in Luneta?
Yes. Liable for concubinage, under a scandalous manner
Q: both single, man is a teacher, woman is a student, liable?
No. There is no crime
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Q: If the student is under 18 years old, will your answer be the same?
No. This time there is a crime. Qualified seduction or rape by grave abuse of authority
Q: What is an impossible crime?
Q: Give the case of Intod
Q: Give the elements of impossible crime vis--vis facts of Intod
Q: Give the case of PP v Jacinto?
Q: do you agree with the decision?
Q: How is theft committed?
Q: Is it an element that the accused should make or actually profit?
No
Q: May a person be liable if he did not commit a crime?
Yes. Impossible crime. Technically no crime, subjectively there is a crime
Q: What is the penalty?
Arresto Mayor or a fine ranging from 200 to 500
^Urbano case
Q: what is the negligence committed by Javier?
Causes which may produce a result different from that which the offender intended, as
contemplated in Art. 4 (1)
1. there is a mistake in the identity of the victim
- also known as error in personae; or napagkamalan
- not a defense in a criminal case; not even a mitigating circumstance
2. there is a mistake in the blow
- also known as aberration ictus
- not a defense in a criminal case; not even a mitigating circumstance
3. the injurious result is greater than that intended
- also known as praeter intentionem
Article 4(1) contemplates that there should be a felony being committed
- emphasis is not on the mere wrongful act; it should constitute a felony
- eg. the act of committing suicide results to others being injured = punishable under Art.4(1) because
although not intended, the injury was caused by means of culpa, which can constitute a felony
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Article 4(1) does not apply if the act committed constitutes a crime punishable by special law
Concubinage - instances
- a husband bringing home a woman, that is not his wife, to the conjugal dwelling
- having sexual intercourse under scandalous circumstances
- cohabitation; living in a separate home as husband and wife
Proximate Cause
- there is a chain of causes from an original act that results to an injury
- if the result can be traced back to the original act, then the doer of the original act can be held liable
Efficient Intervening Cause interrupted the natural flow of events leading to ones death
Q: What is impossible crime? What is the reason for punishing?
Suppress criminal propensity
Q: Suppose son forged signature of his father in a check, the deposited the check, but was dishonored, is
this impossible crime?
No. Falsification of commercial document. Forgery is a crime against public interest
Give the elements of forgery
Q: Your room mate kukunin yung jewelry na nasa cabinet na naka-lock, tapos wala pala yung jewelry dun
sa cabinet, impossible crime?
No. Theft of key ung tamang sagot
^woman lang ang pwede for forcible abduction
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ii. the mortal wound was caused by actions committed by the accused
2. When the death was caused by an infection of the wound due to the unskilled medical treatment from
the doctors:
(a) if the wound is mortal = accused is criminally liable, because the unskilled treatment +
infection are not efficient intervening causes
mortal wound + unskilled medical treatment only = accused is criminally liable because
the mortal wound naturally led to the death of the victim
(b) if the wound is slight = accused is not criminally liable , because the unskilled
treatment + infection are efficient intervening causes
*In Urbano v. IAC, the wound caused by accused Urbano was already treated and was in the normal
process of healing which is in approximately 4weeks; but because deceased Javier did not wait for the
wound to heal and still worked by fishing, his wound got infected with tetanus which caused his death.
The actions of the deceased when he still worked without waiting for his wound to heal was an efficient
intervening cause , thus the accused is not liable for his death anymore.
Q: What is the purpose for punishing an impossible crime?
The purpose of punishing an impossible crime is to prevent or suppress the criminal tendency of
the accused
Persons found guilty of impossible crimes are sentenced to arrestor mayor (1mo.1day to 6mos.) pursuant
to Article 59 of the Revised Penal Code
Objectively , there is no crime
Subjectively , the crime is present
Should there be a crime committed, in order to be held liable for an impossible crime? YES; the act(s)
should constitute a crime against persons or property
Requisites for an impossible crime under Article 4(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
Rape used to be a crime against chastity; but because of RA 8353, rape was reclassified as a crime
against persons, therefore, one can now be held liable for the impossible crime of rape
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In People v. Intod, the Court erred in its decision of considering the acts of the accused as an impossible
crime under Art.4(2) of the RPC because the 4th element/requisite was not satisfied. The acts of the
accused of shooting at the house and damaging the same, can constitute as malicious mischief, which is a
crime against property. Therefore, the accused should have been charged with the latter instead of finding
them guilty only of the impossible crime of murder.
July 4, 2011
Q: Who incurs criminal liability?
Q: What is a proximate cause?
Q: if there is a crime intended and a crime committed is different, what is the extent of criminal liability?
The lesser penalty will be imposed.
If the crime intended has a lesser penalty, then that will be charged
If the crime committed has a lesser penalty, then that will be charged
Q: Suppose you will rob a jeepney, because of fear, the passenger jumped of and died, will be liable?
Yes. Because I am committing a felony, and I am liable for its effects.
Q: Suppose Amurao during your recit, pointed a gun at you because of your wrong answers, then you
collapsed and died. is amurao liable?
Yes. There is grave threat
Q: Suppose the gun was a toy gun, liable?
Yes, still liable. There is still threat
Q: Suppose because of your low grade in criminal law review, you break up with your boyfriend being so
sad, your bf collapsed and died, liable?
No. Breaking up is not a felony
Q: Suppose while you and your boyfriend is doing the act itself (do I need to elaboratealam mo na yan),
your bf collapsed and died, will you be liable?
No. The act of having sex is not a felony.
Q: even if you are not married to each other?
Yes sir
Q: suppose your bf is married, are you liable?
Yes. Concubinage
Q: Suppose man had sexual intercourse with married woman, but the woman consented, crime?
Adultery
Article 5
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Article 6
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YES , thus the accused is liable for attempted arson , because the bringing of gasoline was
already an overt act while the apprehension was the reason other than his own spontaneous desistance.
Q: Supposing, using the same set of facts above, but without the intent to burn the building, is there
criminal liability?
NO, in fact there is no crime, because the acts were only in an indeterminate stage.
Q: Suppose the white board was burned?
White board not an integral part
Q: when is the crime in the attempted stage?
Indeterminate Stage we do not know what crime is in the mind of the offender; the crime has not yet
been determined; there are still two possibilities when the accused was caught
According to Prof. Amurao, when a person is accused of committing a felony, we have to first establish
the crime in the mind of the offender to establish the commencement of the commission of the felony;
otherwise, the situation when he was caught would be in an indeterminate stage, wherein the crime that
the accused intended to do could not be determined
Theft/Robbery
- both these crimes are committed by taking the personal property of another and, with the intent
to gain
- the difference is that in robbery, there is the use of force or violence
- so long as the act stated in the RPC is done, the crime is consummated
- it does not matter how long the property was in the possession of the accused; it does not matter
whether the property was disposed or not; what matters is whether or not there was asportacion
= unlawful taking
- momentary possession consummates the crime of theft or robbery
- returning the item to the owner is immaterial; has no effect to the crime
- upon consummation of the crime, criminal liability automatically attaches
Q: you are walking in recto, cellphone was snatched, but it was return to you. What stage?
Consummated
Q: suppose in a private subdivision, with intent to commit robbery, you are tinkering with the lock of a
gate, the security guard apprehended you. Liable?
Yes. Attempted robbery
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Q: suppose you intent to commit robbery, then you place a ladder at the wall of the house, when you place
the ladder, you were apprehended. Liable?
Yes. Attempted robbery
Q: if no intent?
Not liable
Q: accused trying to open your car, problem is silent with the intent, may you be liable for attempted theft?
No.
Opening the door of the car only indeterminate stage
Q: Supposing, the accused was tinkering with the lock of the gate of a neighbors house, without the
intent to commit a felony ; is he liable for anything?
NO, because the situation was in an indeterminate stage wherein it could not be determined what
the accused intended to do
Q: Supposing, the accused jumped over the fence into another persons house without the intent to
commit robbery, is he liable for attempted robbery?
NO, but he is liable for the crime of trespassing
^Same with arson, when a person is accused of committing a felony, we have to first establish the
crime in the mind of the offender to establish the commencement of the commission of the felony;
otherwise, the situation when he was caught would be in an indeterminate stage, wherein the
crime that the accused intended to do could not be determined
In People v. Lamahang, the accused was able to open one board of the door to private respondent Tan
Yus store, when the police caught him. The SC ruled that the accused is not liable for attempted
robbery because the intent to rob Tan Yus store was not established, thus when accused was caught, it
was in an indeterminate stage. But the Court held him liable for attempted trespass to dwelling
In People v. Salvilla, the accused were held liable for the crime of robbery with serious illegal detention
and serious physical injuries, and not frustrated robbery, even without physical taking or possession of
the money they demanded because the money was within the dominion, which the accused had control
over and it was where the crime was being committed. During whole time when negotiations went on
between the accused and the police, the crime of robbery was deemed consummated
Q: suppose hold up in a grocery store, hold uppers asked the cashier to place the money inside a bag, no
one hold the money. Is the crime consummated?
Yes. There is constructive control
July 5, 2011
Crimes involving the taking of human life/ Crimes against persons
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Q: Supposing, in a car accident, the accused hits a person causing mortal wounds, but the victim does
not die, is the driver-accused liable for frustrated homicide?
NO, he is only liable for serious physical injuries
Rules on crimes against persons (MHPI) and the stages of execution
1. victim dies, with or without the intention to kill, intent is conclusively presumed by operation of
law, the crime is consummated MHPI
2. victim does not die, with the intent to kill, mortal wounds were inflicted, the crime is frustrated
MHPI
3. victim does not die, with the intent to kill, non-mortal wounds were inflicted, the crime is
attempted MHPI
4. victim does not die because there was only an overt act and no wound was inflicted, but there
was intent to kill, the crime is attempted MHPI
5. victim does not die, without the intent to kill, mortal wounds were inflicted, the crime is serious
physical injuries
6. victim does not die, without the intent to kill, non-mortal wounds were inflicted, the crime is
less serious or slight physical injuries
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Lecture & Recitation Notes
Illustration:
Death
(1) YES
(2) NO
Intent
presumed
YES
(3) NO
YES
(4) NO
YES
(5) NO
(6) NO
NO
NO
Crime
of course mortal!
Consummated MHPI
mortal wounds
Frustrated MHPI
non-mortal wounds
Attempted MHPI
Attempted MHPI
mortal wounds
non-mortal wounds
In People v. Trinidad, the trial court held the accused criminally liable of two counts of murder (for killing
Soriano and Laroa) and frustrated murder (for shooting at Tan). The SC modified the decision by ruling
that the accused was liable for two counts of murder and attempted murder, not frustrated, because the
wound inflicted on Tan was not mortal or fatal
In People v. Lim San, the trial court held the accused criminally liable of attempted murder for stabbing
Keng Kin in the left eye. The SC modified the decision by ruling that the accused should be liable of
frustrated murder because not only was it established that there was intent to kill, but also the wound
inflicted was mortal. It just so happened that the victim did not die because of the prompt and efficient
medical assistance given to the victim. The treatment was the cause independent of the will of the accused.
In Mondragon v. People, the SC held that the accused was only guilty of less serious physical injuries
because when the accused and the victim were hacking each other with their bolos, there was no intent to
kill on neither party; and also because the victim did not die since the wounds were not mortal
RAPE
- the crime of rape is consummated by mere penetration of the male organ, no matter how slight
Q: Supposing, the penetration was only 2 millimeters deep, consummated?
YES, no matter how slight the penetration is, it is still consummated
Q: Supposing, the rape was consummated because there was penetration, but according to the medical
examination, the victim was still a virgin, can the accused still be held liable for consummated rape?
YES, as long as there is penetration, the rape is consummated.
In People v. Orita, the medical examiner testified that the victim was still a virgin therefore the rape may
not have been consummated. But the SC ruled that the testimony of the victim herself should be given
greater weight because she herself can feel whether or not there was penetration.
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for? Still Attempted homicide, because what is important is the extent or gravity of the wound . (People v.
Orinaga)
Q: suppose a sales lady in the department store, place the jewelry inside her bag, but the jewelry was
recovered by the security guard, crime?
Consummated qualified theft
Q: will recovery affect the stage of the commission?
No
Q: Suppose the sales lady, voluntarily returned, crime?
Still qualified theft.
Taking consummates the crime
Q: suppose the sales lady, sold the jewelry and used the money, crime?
Estafa
Q: suppose the sales lady, sold the jewelry and returned the money at 6pm?
Frustrated Estafa
Q: suppose 2 crew members discovered the presence of a stow away and they want to eliminate the stow
away, so they decided throw the stow away in the sea, where there is sharp object, but after you leave, a
fishing vessel was there to help the stow away, there was no wound, crime?
Frustrated murder
INTENT TO KILL
Q: 3 armarlite shots neighbor but did not hit?
Attempted
Q: distinguish from illegal discharge of firearm
No intent to kill
Q: distinguish from grave threat?
There is intent to kill
Q: suppose there are 99 wounds, but none was mortal?
Attempted
Q: what is an overt act?
Something you see, feel, touch (do not relate to criminal offense at first)
Article 7
Q: What are light felonies?
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Light felonies are infractions of law which have the punishment of arresto menor or a fine not
exceeding 200 pesos
General Rule: Light felonies are punishable only when they have been consummated
Reason: involves insignificant moral and material injuries; if not consummated, the wrong done is so
slight that a penalty is unnecessary
Exception: Light felonies committed against persons or property are punishable even if in the attempted
or frustrated stage
Reason: presupposes moral depravity
For light felonies , the only ones who can be held liable are the principals and accomplices.
For grave or less grave felonies, those who can be held liable are principals, accomplices and even
accessories , because the degree of the penalty to be imposed depends on 3 factors:
(1) stages of execution
(2) the degree of participation
(3) the presence of attending circumstances
Q: When punishable?
Only when consummated
Q: Is this absolute?
No. If against persons or property
Q: Reason.
Q: Who shall be criminally liable?
Principals
Accomplices
NOT ACCESSORIES
^Penalty for accomplices -- one degree lower (censure)
^Penalty for accessories two degrees lower (WALA NANG LOWE PA. KAYA NGA HINDI
LIABLE ANG ACCESSORIES)
Q: Who is a principal? An Accomplices? An Accessories?
Article 8
Q: what is conspiracy?
- Conspiracy exists when two or more persons come to an agreement concerning the commission
of a felony and decide to commit it
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- Proposal exists when the person who has decided to commit a felony proposes its execution to
some other person or persons
General rule: Conspiracy and proposal to commit a felony are not punishable
Reason: because they are mere preparatory acts (Reyes)
Exception: Conspiracy and proposal are punishable only in the cases in which the law specially
provides a penalty thereof
Q: give an example of conspiracy & proposal
Q: the effects of conspiracy
There will be collective responsibility
Q: effect of non-establishment of conspiracy?
Accused will be liable only to the extent of participation
Q: if established?
Collective responsibility act of one, act of all
Q: degree of evidence needed to prove conspiracy?
NOT beyond reasonable doubt
Sufficient that the act is closely related to the crime/felony intended to commit
Q: is it necessary that each participate?
No. They must have common criminal design
Q: what do you mean by common criminal design?
Q: what is implied conspiracy?
Q: from what factors may you imply conspiracy?
Acts and words before and after the commission of the felony
Q: is it enough that there is an agreement to commit felony?
No. they must execute the overt act
Q: how would you know if community of purpose exists?
From the acts and remarks of the accused
There must be unity of criminal though
BEFORE, DURING, AFTER -- acts of each of the accused may be separate, independent of each
other but must show close personal association; closely related to each other, there is coordination.
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Q: A B C D E (robbers) agreed and decided to commit bank robbery. A stayed in the getaway car 100
meters from the bank; B look-out C disarm the security guard D & E commit robbery. E shot to death the
bank manager. Will A be liable for the death?
YES. There is conspiracy. Act of 1, act of all
Q: 1, 2, 3, 4, 5 met in safe house discussed, agreed and decided to commit robbery. When they were about
to rob the bank, they saw the police around the bank. Liable?
No. Mere conspiracy not punishable
Q: 5 members of army decided to commit coup d etat, met in safe house to discuss plan, liable?
Yes. Conspiracy to commit coup d etat is punishable
Q: distinguish conspiracy as a felony and as manner of incurring criminal liability.
FELONY RPC punishes mere conspiracy
LIABILITY There must be over act
Q: 1, 2, 3, 4, 5, agreed to commit a felony when about to meet the next morning. 5 did not arrive for
emergency purposes. 1, 2, 3, 4 commit the felony and was caught. Is number 5 liable?
No. He is not a conspirator.
A conspirator must agree, decide and execute the over act
5 was not present
Q: suppose 5 drove for 1, 2, 3, 4 but went home early. Liable?
Yes. Driving already an overt act
Q: suppose 5 was not the driver, but he was sittig in front of the van, then after alighting went home, liable?
No. There is no overt act (pasahero lang siya sa van)
^General Rule if not present in the scene of the crime NO liability
^Exceptions presence is to provide for moral support or to ensure commission of the felony
Cases of conspiracy punishable by law
(i) Article 115 of the RPC Conspiracy to commit treason
(ii) Article 136 Conspiracy to commit coup detat, rebellion or insurrection
(iii) Article 141 Conspiracy to commit sedition
(iv) Article 186 Monopolies and combinations in restraint of trade
(v) Conspiracy to commit terrorism - under the Human Security Act (RA9372)
(vi) Conspiracy to commit crimes under the Comprehensive Dangerous Drugs Act (RA 9165)
Cases of proposal punishable by law
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(i) Proposal to commit treason
(ii) Proposal to commit coup detat, rebellion or insurrection
- there is no crime of proposal to commit sedition
- all of which are geared towards the attainment of the felony or crime
Suggested cases for conspiracy on this rule
- People v. Salcedo; People v. Briones; Medija, Jr. v. Sandiganbayan
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Q: Supposing, only minor acts were done, will the actor still be liable? YES
Q: Supposing, there was no conspiracy , what will happen? The perpetrators of the crime will be
individually liable depending the extent of the degree of each ones participation
In People v. Agapinay, the SC ruled that there was no conspiracy in commission of the murder because
the incident was only a spur of the moment or in this case, a chance stabbing, which cannot be
considered conspiracy, thus they were held individually liable, some as principals and some as
accomplices only
Q: Supposing, there was only mere presence of a person when the crime was being committed, will he be
liable?
NO, that person not participating shall not be liable because he did not perform any overt act;
there should be an overt act to establish the participation and liability of a person
Q: Supposing, the persons presence when the crime was being committed was to provide was to provide
moral support, or to persuade the participants from performing the acts constituting the crime, will
he be liable?
YES, in both cases the person shall be held criminally liable
In order to hold someone criminally liable, in addition to mere presence, there should be overt acts that
are closely-related and coordinated to establish the presence of common criminal design and
community of purpose in the commission of the crime.
In People v. Taaca, the SC ruled to acquit Regalado because there was no evidence to prove that Regalado
assisted his brother Herminio in the killing of Alfredo Gabuat; there was no proof to show that Regalados
presence was accompanied by overt acts for the commission of the crime and that there was no proof of
conspiracy between the Taaca brothers.
In People v. De La Cruz, the SC also ruled that the mere presence of the Galaw-eys were not enough to
prove that they conspired to the commission of the crime despite the fact Galaw-ey had a grudge against
one of the victims; his participation in a conspiracy cannot be assumed especially when no acts by the
Galaw-eys proved to be connected with the crime.
In People v. Manero, however, the SC ruled that even though the accused-appellants were not present in
the actual commission of the crimes, it was established that they met in an eatery and conspired to
liquidate communist sympathizers; therefore they were still held criminally liable.
Q: Supposing, one person desisted from participating in the actual crime and instead decided to stay
inside the get-away car to wait for the others, is he liable?
YES, he is still liable despite desistance to participate in the actual crime because he can still assist
the others with the escape using the get-away car
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Q: Supposing, while committing the crime of robbery, an additional crime was committed that was not
part of the original plan, eg. homicide; can all the participants be convicted of the crime of robbery with
homicide, even though some of them performed very minor acts (i.e. look-outs or drivers, etc)?
YES, they can all be held liable for that same crime, because it is not required that all the
participants perform each and every detail in the commission of the crime; as long as the acts
performed are closely coordinated and that they have the same criminal purpose.
Q: mere presence will one be a co-conspirator?
No
Q: presence to give moral support?
Liable
Acts
Implied conspiracy
before
concerted action
during
closeness association,
Coordination, personal
association with each other
words, after
remarks
community of crimes
joint criminal objective
Article 9
Q: How do you classify felonies?
According to Penalty
1. Grave Felonies those that the law attaches the capital punishment or penalties that are
afflictive based on Article 25 of the RPC
2. Less Grave Felonies those that the law punishes with penalties whose maximum periods are
correctional
3. Light felonies infractions of law that are punishable by arresto menor or fines
Illustration:
Death
Grave felonies
Reclusion Perpetua
afflictive penalties
Reclusion Temporal
Prision Mayor
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Lecture & Recitation Notes
Prision Correccional
Arresto Mayor
correctional penalties
Suspension
Destierro
Arresto Menor
Light felonies
Fines
light penalties
Public Censure
The classification in Article 25 of the RPC assumes significance on Article 91 of the RPC on Prescription:
(i) Prescription of a crime refers to the expiration of a certain period, after which a person cannot be
prosecuted for the crime anymore; contemplates that there has been no judgment of conviction yet
(ii) Prescription of penalty refers to the expiration of a period of time after which the penalty imposed
by the courts cannot be enforced anymore; contemplates that there has been a final judgment by the
courts
Q: Does classification applies to special laws?
No
Article 10
- provisions of the Revised Penal Code shall not be applied with of violations of special laws, but
if a special law is silent in terms of a penalty for example, the absence shall be provided by the
Revised Penal Code.
But generally:
- for violations of the RPC = what law governs? the Revised Penal Code
- for violations of special law = what law governs? Special penal laws
Examples of provisions in the RPC that have suppletory application pursuant to Article 10 of the
RPC
1. Article 100 Civil Liability; there are two sides of crime, the criminal liability and the civil liability, the
former imposes the penalty prescribed for the crime, the latter is for the payment of damages
2. Article 22 Retroactive Application; the law becomes favorable to the accused as long as he is not a
habitual criminal and is convicted by final judgment
3. Article 17 Principals; are classified into three: (1) by direct participation, (2) by inducement, (3) by
indispensable cooperation
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Article 11
Q: What is a justifying circumstances?
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 criminal and
civil liability
Q: Is there civil liability?
Generally no, except in Article 11 (4)
Q: What element of voluntariness is lacking?
Intent; without intent, there is no voluntariness; without voluntariness, there is no felony; without
a felony, there is no criminal liability because there is no crime
Article 11, par 1 Self-Defense
Q: What are the Elements of Self-defense?
1. Unlawful Aggression on the part of the offended party
2. Reasonable Necessity of the Means Employed by the person defending
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Q: Supposing , you wrested the knife from a robber. If he is still trying to get back the knife, there is
unlawful aggression, because unlawful aggression is continuing if the attacker is trying to regain control
over the situation
^The first principle in all criminal cases is that: the accused will always be presumed innocent
In the constitutional provision on presumption of innocence, it can easily be overthrown by contrary
evidence, but it is different in criminal cases
The presumption of innocence principle, of all disputable presumptions, is the strongest because to
overthrow it, the Court requires that the law proves the guilt of an accused beyond reasonable doubt
The burden or duty to prove guilt lies with the prosecution or the government and they should introduce
evidence beyond reasonable doubt; the prosecution should rely on the strength of its own evidence and
should not depend on the evidence of the defense ; these principles, however, will change when the
defense invokes, self-defense, defense of a relative, or defense of a stranger, because the accused must
always admit first the fact of killing the victim, thus the burden is lifted from the prosecution and shifts
to the defense
If the evidence for both sides is weak, the accused will be acquitted
The prosecutions weakness is cured when the defense invokes, self-defense, defense of a relative, or
defense of a stranger because there is an admission of the killing
If the evidence of the defense is not clear and convincing, conviction will be sure, as sure the sun rises at
the East
The admission involved is only an admission of facts, backed up by clear and convincing evidence; it
not an admission of guilt, because if so, the Court can stop the prosecution and render judgment
The Court should put itself in the shoes of the accused during the time when the accused allegedly
defended himself
Q: Supposing , after you wrested the knife from the robber (who is the obvious aggressor in this case), the
robber/aggressor runs away, is there still unlawful aggression?
NO, when the aggressor flees unlawful aggression no longer exists ; and if you still kill the
aggressor in this situation, self-defense cannot be invoked anymore
Q: Supposing, using the same facts mentioned earlier, but the retreat of the aggressor was with the purpose
to take a more advantageous position or to get a more effective weapon, to insure the success of his attack,
is there still unlawful aggression?
YES, when the purpose of retreating is to take a more advantageous position or to do something
to insure the success of his attack, unlawful aggression is continuing, therefore the danger is
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still continuing; in this case, the accused or the person defending himself, does not have to wait
for the aggressor to get another weapon
Q: Supposing, there is an agreement to fight or a challenge to fight was accepted, is there unlawful
aggression on one of the parties?
NO, there is no unlawful aggression in agreements to fight because self-defense cannot invoked
since both parties are assailant and assaulted
Q: Supposing, using the same facts above, there is agreement, but one of the parties attacks the other even
before the agreed time arrives, is there unlawful aggression?
YES, when the attack is made ahead of the time agreed upon, there is unlawful aggression
Q: Supposing, the aggressor used a toy gun and the person defending himself killed the aggressor,
believing that the gun was real, is he still criminally liable?
NO, assuming clear and convincing evidence is provided, and that the accused believed the
weapon/gun to be real, then honest mistake of fact while in self-defense can be invoke
Reasonable Necessity of the Means Employed
- there is a continuing necessity to eliminate the danger
- involves two elements:
1. necessity for the course of action, necessity to eliminate danger
2. necessity of the means employed to prevent or repel that danger
Both should be reasonable
It is not necessary to have material equality or material commensurability between the danger and the
means employed to prevent or repel that danger
In determining reasonable means, the some facts and circumstances can be considered as factors,
such as:
1. emergency to which the person defending himself has been exposed to
2. presence of imminent danger
3. impelled by the instinct of self-preservation
4. nature of the weapon used by the accused compared to the weapon of the aggressor
5. size and/or physical character of the aggressor compared to the accused and other
circumstances that can be considered showing disparity between aggressor and accused
Factors: age, size, location, other circumstances, character or nature of weapon, physical character,
reputation
Q: What is Lack of Sufficient Provocation?
- sufficient provocation should come from the person defending himself/accused
- sufficient provocation should immediately precede the aggression
- Insulting another or committing oral defamation is considered sufficient provocation
- a challenge to fight is considered sufficient provocation
Q: When is provocation sufficient?
-proportionate to the act of aggression and adequate to stir the aggressor to its commission
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Q: Supposing a husband defends a common law wife by killing an attacker, can he invoke defense of
relative?
NO, but he may invoke defense of a stranger
Q: Supposing a husband defends a second wife by killing an attacker; considering that the marriage
between him and his first wife is not null and void, thus making his second marriage bigamous, can he still
invoke defense of relative?
YES, the presumption is that all marriages are legal and valid. Even in the absence of a judicial
declaration of nullity (JDN) of the first marriage, the second marriage is considered valid, thus
defense of relative can be invoked.
Q: Supposing the husband and his first wife are on legal separation, then he defends her from an attacker,
can he invoke defense of relative?
YES, because there is no JDN to say that their marriage is null and void.
Q: Supposing, husband and wife successfully annuls their marriage and they have secured a JDN on the
grounds of psychological incapacity, then incidentally, he defends her from an attacker, can he invoke
defense of relative?
NO, because there is no marriage anymore between them; the JDN, once it is approved by the
RTC and is final and executory, it will have an effect wherein as if no marriage existed between
the defender and the one defended; therefore, what can be invoked is defense of a stranger.
Q: Supposing husband and wife has a pending case for annulment due to psychological incapacity of one
of the parties, then incidentally, he defends her from an attacker, can he invoke defense of relative?
YES, because there is no JDN that has nullified the marriage
Ascendants includes parents, grandparents, great grandparents, even great(4x) grandparents
Descendants includes children, grandchildren, great grandchildren, even great(4x) grandchildren
What do ascendants and descendants have in common? They are blood relatives
Q: Supposing, a great, great, great, great grandfather is attacked and is defended by his illegitimate
grandchild, can the grandchild invoke defense of relative?
YES, because the no distinction in the Revised Penal Code whether the descendant should be
legitimate or illegitimate; when the law does not distinguish, the courts cannot distinguish
Q: Supposing, a father defends his adopted daughter from an attacker, can he invoke defense of relative?
NO, defense of relative cannot be invoked because the law does not contemplate adopted children
as descendants and also does not contemplate adoptive parents as ascendants, to qualify as
relatives contemplated under Art. 11(2) RPC
Brothers and Sisters or siblings
1. legitimate siblings of the same parents who are married
2. natural siblings, who at the time of their conception with the same parents, the parents are
not married but are not disqualified by any legal impediment to marry each other; if parents are
disqualified to marry by any impediment, the child is illegitimate
NOTES BY:
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3. adopted there should be a judicial proceeding in court validating the adoption in order to be
considered under defense of relative as contemplated; an extrajudicial proceeding on the adoption
is not enough
Relatives by affinity in same degrees - relatives by marriage
In same degrees applicable to ascendants, descendants, siblings, even grandparents of ones spouse, i.e.
mother-in-law, father-in-law, brother-in-law, sister-in-law, etc.
Relatives by consanguinity within the fourth (4th ) civil degree
- relatives by blood
Illustration:
parent (2nd degree)
(1st degree)
(3rd degree)
daughter-in-law-----son
child
daughter-----son-in-law
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YES, because at that very moment the life and limb of your brother was in actual, imminent and
real danger; there was no time for you to investigate what really happened. The person defending
has the right to act on mere appearance (Amurao)
Q: Suppose man and woman living together without benefit of marriage, can claim self-defense?
No.
Common law spouse not contemplated
They are entitled to claim defense of stranger
Q: Husband and wife, Ph citizens married in hongkong. After marriage, discovered they were 1st cousins,
solemnizing officer in hongkong not authorized, can they claim defense of relative?
Yes. Absent a judicial declaration, marriage presumed existing
Q: Suppose the action for judicial declaration is pending, can they claim defense of relative?
Yes. There is no judicial declaration yet.
Q: suppose the lower court issued a decision?
Not anymore. As if no marriage. Can claim defense of stranger
Q: suppose what was filed was legal separation, and there is a decree of legal separation, can claim defense
of relative?
Yes. Legal separation doe not terminate marriage.
Q: who are the descendants covered?
Q: A killed a person to defend the honor of B, and illegitimate, defense of relative?
Yes. The law does not distinguish
Q: Who are the other relatives covered?
Q: half blood brothers and sisters?
Yes
Q: Adoptive father defended the adopted daughter?
No. (not contemplated by law)
Q: stepbrother killed accused to defend life and honor of a stepsister?
Yes. Relationship by affinity (brother or sister by reason of marriage)
Q: relative by consanguinity, up to what extent?
4th degree
Q: last element in defense of relative?
Defense of stranger
What are the elements?
NOTES BY:
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Give an example
Who are strangers?
- Anyone not enumerated and those not contemplated under Article 11(2)
Requisites:
- same concept of unlawful aggression and reasonable necessity of the means employed to prevent or repel
the aggression; aside from those two there is a 3rd requisite: the person defending should not be induced
by revenge, resentment, or other evil motive
Article 11(4) Avoidance of greater evil or injury
- Requisites:
1. the evil actually exists
2. the injury feared be greater than that done to avoid it
3. there be no other practical and less harmful means of prevention
The damage to another contemplated are: (Reyes)
-injury to persons
- damage to property
One s own life is more important than anyone else (Amurao)
The greater evil should not be brought about by the negligence or imprudence of the person who
committed the offense
Q: criminal liability? No
Q: Civil liability? Yes, should be borne by the persons benefited
Example : Sinking ship -- jettison
Article 11(5) Fulfillment of Duty/Lawful Exercise of Right or Office
- Requisites:
1. that the accused acted in the performance of a duty or in the lawful exercise of a right or office
2. that the injury caused or the offense committed be the necessary consequence of the due
performance of duty or lawful exercise of such right or office
The fulfillment of duty must be done carefully, with due performance; no carelessness, no
negligence/imprudence, no abuse
The exercise of public office was committed with negligence and abuse of authority = are not applicable,
the exercise must be lawful!
Q: Supposing, a raiding team tasked to confiscate drugs broke the class cabinets in search of the drugs,
was there abuse of authority? YES, because due performance of duty should have been employed
Q: Can this be invoked if there was negligence?
No.
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Those found by the courts to be suffering from BWS do not incur criminal and civil liability
notwithstanding the absence of any of the elements of the justifying circumstance of self-defense
under the Revised Penal Code (Section 26, Republic Act 9262)
The legal effect of BWS is of the same level with the justifying circumstances in Art.11 of the RPC,
except par. 4.
Even without unlawful aggression on the part of the deceased husband or male partner, the act of the
woman shall still not incur criminal and civil liability
Q: Who are the women who can invoke Battered Woman Syndrome?
- wife - any woman having a sexual relationship with a man
- girlfriend - including dating women, if relationship is intimate
- former wife
- former wife whose marriage with her has been annulled by a judicial declaration of
nullity (JDN)
-children
It not necessary that the woman suffering from BWS is still in a relationship with the man that she killed
or harmed.
Doctrine of Stand your ground when in the right
- The law does not expect you to run away
- When in the right, defend your right or position, defend yourself
- A total opposite of the old doctrine of retreating to the wall, where the law expects you to run
away and avoid defending yourself
Q: What is the legal effect of BWS?
No criminal liability
No civil liability
Q: May a battered husband claim it as a defense?
No. The law says only woman
Q: What is a dating relationship?
Q: You break up with your gf, she was emotionally & psychologically wrecked, is this battery?
Yes. (hayden kho case)
Q: Protection Order under RA 9262?
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-prevented from living in same community or house with the battered woman
-it must be issued by court or baranggay
Q: Can you file violation of RA 9262 together with parricide or physical injuries?
Yes. RA 9262 without prejudice to the filing of any other civil or criminal action
Q: woman suffering from BWS, killed husband, liable for parricide?
No. it is not necessary that UA exist
Q: how will court determine BWS?
Certified psychiatrist or psychologist
Article 12
Q: What is an exempting circumstance?
- a circumstance if present during the commission of the crime will free the accused from criminal
liability
- there is a crime, but there is no criminal
- burden of proof to prove the existence of an exempting circumstance: lies with the defense
Q: Distinguish justifying from exempting
Justifying
Exempting
nor a criminal
no criminal
paragraphs 4 and 7
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Insanity not so exempt because during a lucid interval, the person can act with intelligence
Q: what is permanent sickness?
Imbecility
Q: Which is not permanent?
Insanity
Q: Insanity before the commission of the crime, legal effect?
Not exempt
During exempt
After not exempt, but proceeding will be suspended
*insanity must be at the time of the commission of the offense unless is proven to subsist until
commission
Q: What is the test for the degree of insanity for it to count as an exempting circumstance?
The tests of the degree of insanity are the existence of:
1. complete deprivation of intelligence
2. total deprivation of freedom of will
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(v) exempts minors from the offense of refusing to acknowledge the fact that s/he had been involved or
convicted in a criminal case before
(vi) minors can deny under oath their criminal involvement or conviction; cannot be charged with
perjury or falsification or misrepresentation, for concealing the criminal involvement or conviction;
purpose: to give the minor a new lease in life and to prevent the stigma of conviction which extends in
a long-term basis, i.e. in looking for job or protecting the families reputation
(vii) retroactive application of RA 9344 on persons who were convicted and are currently serving time
for crimes they committed when they were minors above 9 or below 15 years of age when they
committed the offense , because minors who acted with discernment under this age bracket, were not
exempted from criminal liability before under the RPC, but has already been repealed by RA 9344;
their criminal liability is erased therefore they shall be released
Q: Supposing, a 10-year old, who is apparently very intelligent, commits a crime, will he be exempted
from criminal liability considering the high level of intelligence of the child?
YES, he is still exempted; what is important is the age of the child at the time of the commission of
the crime; it doesnt matter whether the child was extremely intelligent
Status Offenses (under RA 9344) refers to offenses which discriminate only against a child, while an
adult does not suffer any penalty for committing similar acts; these shall include curfew violations,
truancy, parental disobedience and the like
Status offenses when committed by a minor are punishable, but are not punishable anymore under RA
9344
Status offenses when committed by an adult are not punishable
The Dangers of Republic Act 9344 (Amurao)
- can be abused or taken advantage of by crime syndicates that use minors as instruments for the
commission of crimes
- The effect of the liberal exemptions of RA 9344 what will happen to the victims if the offenders,
who are minors, will be exempted all the time? Victims will take the Filipino way = taking the law
into their own hands
With reference to RA 9344, the Philippines is not yet ready for that kind of law. (Amurao)
Basis for the exemption of a minor: absence or lack of intelligence
Article 12(4) - Accident
- Elements:
1. a person is performing a lawful act
2. the act is done with due care
3. causes an injury to another by mere accident
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A typhoon causes the failure to perform the lawful act is an insuperable cause
Basis for exemption absence of intent
Absolutory Causes those where the act committed is a crime but for reasons of public policy and
sentiment, there is no penalty imposed
Instigation is an illegal act because the public officer plants the seed of criminality in the mind of the
person or offender (Amurao) ; the public officer induces an innocent person to commit the crime which
the public officer conceived (Reyes)
Entrapment is a legal act because the purpose is to capture or trap the lawbreaker
Buy-bust operations are forms of entrapment, hence they are legal
Arbitrary Detention with warrant
Art. 125 (Warrantless arrest)
Instigation vs. Entrapment- e.g. buy bust operation
Give examples
Private individual both
Effects of criminal liability of:
Instigator-liable as principal by inducement
Instigated- principal by direct participation
Put absolutory as to direct participation
Article 13
Q: what is mitigating circumstance?
- those which, if present in the commission of the crime, do not entirely free the actor from
criminal liability but serve only to reduce the penalty
Q: What are the Kinds?
Ordinary
Privileged
Par.1 of Art. 13 becomes a privileged mitigating circumstance because of Art.69 (Amurao)
Art.69 makes par.1 of Art.13 a priv. mit. Circumstance.
Classification:
ORDINARY
PRIVILEGED
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- offset by a generic aggravating
circumstance
- penalty lowered to minimum
Mitigating and aggravating circumstances are not applied to special penal laws because the penalties in
special penal laws cannot be divided into three periods
Article 13(1) Incomplete Justifying or Exempting Circumstances
- is considered a privileged mitigating circumstance, provided, majority of the elements required to justify
or exempt are present
- for the justifying circumstances of self-defense, defense of relative and defense of stranger = the element
of unlawful aggression should always be present
*All elements of JC or EC present exempt or justified
*IE elements but not majority ordinary mit. Circ.
*Majority of the elements are present- priv. mit. Circ.
Provided that in self defense, defense of relative or defense of stranger, Unlawful aggression is
present.
Q: Give an example.
Example of mitigating circumstance of incomplete accident
(see page 259 of book) There was fault.
Q: Woman sleeping in her room. Janitor happened to enter the room to clean. He accidentally touched the
hand of the woman. Believing her honor was in danger, shot the janitor using a gun under her pillow? (US
vs. Apego)
Mit. Circ.- Mistake of fact of the woman.
Priv. Mit. Circ. Of self-defense
(N.B. Unlawful Agression + either of requisites 2 or 3)
Q: 50 meters away- privileged?
No, considering the distance UA not present
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Q: Elements: (SOI)
Q: Test to determine whether provocation can be considered mitigating. What kind of provocation?
Sufficient.
Q: When is provocation sufficient?
P. 273
Q: How soon must the crime be committed?
No time to regain his reason and to exercise self-control
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Q: Supposing you have a first cousin, girl, so close to you, who was raped by neighbor. You looked for
neighbour and shot him dead.
What mit. Circ? Vindication?
No, first cousin not contemplated under vindication (relatives)
Q: Requirements of passion or obfuscation?
Q: Common law husband ask common law wife to return home. Wife refused. Husband was humiliated by
reason of which he stabbed common law wife.
May claim passion or obfuscation? No.
Vindication of grave offense? No, not enumerated by law.
Q: Humiliation, slandered in public, is it a crime?
Yes.
Q: It is a grave offense against you?
Q: What is the crime committed? Slander,
Q: May be committed by a common law wife against a common law husband? Yes.
Q: Presence of P&O, V, and SP- Yes
Q: Can you consider all of these in your favour?
P&O- No, not lawful sentiment; not lawful legitimate relation
SP- Yes
V- Yes
Q: Old man has his own family already but not contented with wife went out every night . Met an
attractive woman in a prostitution house, he convinced woman to leave the prostitution house and they
lived together as husband and wife. Wife left.
After several days, she was found in another prostitution house, convinced her to to go back.
Woman adamant in her refusal. Woman said Ayoko na sayo, Matanda ka na. Mahina na tuhod mo.
Old man was enraged, stabbed her.
Q: May old man claim P&O?
No. People v. Bello is an exception (p. 290-291)
4,5,6 are interrelated because they can exist in a single act but not necessarily appreciated separately.
Article 13(6) Passion or Obfuscation
- Elements:
1. the accused acted upon impulse
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2. the impulse must be so powerful that it naturally produced passion or obfuscation in the accused
Reason: these are causes naturally producing in a person powerful excitement that he
loses reason and self-control thereby diminishing the exercise of willpower
Rule: the passion or obfuscation should arise from lawful sentiments in order to be
mitigating
- Requisites:
1. that there be an act, both unlawful and sufficient to produce such a condition of mind
2. that said act which produced the obfuscation was not far removed from the commission of the crime
by a considerable length of time, during which the perpetrator might recover his natural equanimity
Difference between PASSION or OBFUSCATION and IRRESISTIBLE FORCE
Passion or Obfuscation
Irresistible Force
- a mitigating circumstance
- an exempting circumstance
- cannot give rise to irresistible force
- requires physical force
because passion or obfuscation has no
physical force
- the passion or obfuscation is in the
- must come from a third person
offender himself
- must arise from lawful sentiments
- is unlawful
Difference between PASSION or OBFUSCATION and PROVOCATION
Passion or Obfuscation
Provocation
- produced by an impulse which may
- must come from the injured party
be caused by provocation
- the offense which engenders
- must immediately precede the
perturbation of mind need not be
commission of the crime
immediate; it is only required that the
influence thereof lasts until the
moment the crime is committed
- the effect is loss of reason and
- the effect is also loss of reason
self-control on the part of the
and self-control on the part of the
offender
offender
Article 13(7) Voluntary Surrender/Voluntary Confession of Guilt
Voluntary Surrender
- Requisites:
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
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Yes.
Reason behind VCG? Act of repentance, Acknowledgment of guilt
Accused willing to plead guilty with condition
Ref, aircon, computer set? No.
When to plead? Arraignment.
Pre-trial? (There is presentation of witnesses, documents, and gist of testimony)
After inspection of evidence and conclusion, the evidence against him is strong.
Stages
Arraignment
Pre-trial
Trial
ONLY SUBMISSION, NOT PRESENTATION
Prosec presented 1st eyewitness, clear & convicning testimony
After 1st witness, concluding that he would be convicted , withdrew guilty plea. Mitigating? No.
N.B. NOT prior to termination
Witness only sworn-in, no testimony yet mitigating? Yes.
Amend info to a lesser offense w/o protest willing to plea guilty, mitigating? Yes.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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When must the physical defect be present? At the time of the commission of the crime.
ORDINARY MIT.
Legal effects.
Article 13(9) Illness
- the offender has diminished exercise of willpower; loss of willpower may even be exempting
- deprivation of consciousness
Basis for mitigation: diminution of intelligence and intent
Accused prosecuted for rape. During trial proved to be sex maniac, Mitigating? Yes.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
Page 71 of 141
Atty. Maximo Amurao
CRIMINAL LAW
Lecture & Recitation Notes
Article 14
Q: What are aggravating circumstances?
- those if present, are not automatically offset by mitigating circumstances
- may increase the penalty provided by the law without exceeding the maximum penalty or it changes the
nature of the crime
- Classification:
1. Generic those that generally apply to all crimes, eg. Recidivism, Aid of Minors, Advantage taken by
Public Position, etc
2. Specific those that apply to particular crimes, eg. Ignominy, Treachery
3. Qualifying Those that change the nature of the crime, eg. Treachery, Evident Premeditation, Cruelty,
etc.
4. Inherent necessity accompanies the commission of the crime, eg. sex is inherent in crimes against
chastity
Difference between Generic and Qualifying
GENERIC
QUALIFYING
- can be offset by an ordinary
mitigating circumstance
- the legal effect is to increase
the penalty to the maximum
without exceeding the limit
Both qualifying and generic circumstances must be alleged in the information; the prosecution cant
prove an aggravating circumstance during trial (p.326 #3 in the comparison part in the Reyes book is
wrong)
Article 14(1) Advantage Taken of Public Position
- a generic aggravating circumstance
- based on Republic Act 7659, in crimes committed by a public officer, the penalty prescribed by law is
always at the maximum, regardless of the mitigating circumstances presented and regardless of the
nature of these mitigating circumstances
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Public Officer for advantage taken to be appreciated, s/he must use the influence, prestige or
ascendancy which his office gives him as the means by which s/he realizes his purpose.
There should be a deliberate intent to use the influence, prestige or ascendancy
Is it enough that the offender is a public officer? NO, he has to use the influence, prestige or ascendancy
given to him by his office
Supposing, a police officer enters the house then ties up the residents and robs them, can the aggravating
circumstance of advantage taken of public position be appreciated? YES
Supposing, a traffic enforcer take over the car of a driver and speeds away, he is convicted of robbery,
can the aggravating circumstance of advantage taken of public position be appreciated? YES
Supposing some members of the barangay council asked for financial sponsorship for the education of
the community, then the project turned out to be false, can the aggravating circumstance of advantage
taken of public position be appreciated? YES
Supposing, if these crimes were attendant of negligence, passion or obfuscation, vindication, or
sufficient provocation, can the aggravating circumstance of advantage taken of public position be
appreciated? NO, because these circumstances are incompatible with advantage taken of public position
since deliberate intent is absent in these instances.
Supposing, a police investigator asked a rape victim to enter a room where he committed acts of
lasciviousness on the rape victim, can the aggravating circumstance of advantage taken of public
position be appreciated? YES
The aggravating circumstance of advantage taken of public position is NOT appreciated when the
public position is an integral element or inherent in the offense; In the ff crimes, public position is
inherent:
- bribery
- malversation of public funds
- indirect bribery
- RA 3019
Basis for the aggravation: the greater perversity of (1) personal circumstances of the offender, and (2)
means used to secure commission of the crime
Article 14(2) Contempt or Insult to Public Authorities
- Requisites:
1. the public authority is engaged in the exercise of his official functions
2. the public authority is not the victim of the crime
3. offender knows him to be a public authority
4. his presence has not prevented the offender from committing the crime
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Supposing, one Sunday, the mayor just finished mass, he saw two people fighting, he mediated upon
introducing himself, can the aggravating circumstance of contempt or insult of public authorities be
appreciated? YES, because regardless of the day, even if Sunday is not a working day, the official
function of the mayor, in this case to maintain peace and order, does not stop as long as he is within his
jurisdiction
Supposing, using the same facts above, the two people attacked the mayor, can the aggravating
circumstance of contempt or insult of public authorities be appreciated? NO, because the public
authority should not be the offended party
Supposing, using the same facts, but the mayor attended the mass in another town, can the aggravating
circumstance of contempt or insult of public authorities be appreciated? NO, because mediating would
not be part of his official functions in that other town.
Supposing, using the same facts above, but the two people did not know that the one mediating was in
fact the mayor, can the aggravating circumstance of contempt or insult of public authorities be
appreciated? NO, the offenders have to know that he is the mayor or a public authority
Q: Supposing mayor of town X attending wedding in town Y. A crime was committed. Aggravating?
No. Must be within his jurisdiction. Not engaged in official duties.
Article 14(3) Disregard of Rank, Age, Sex or Dwelling of the Offended Party
- there are FOUR circumstances in this paragraph
- rank, age, sex have a common denominator = respect due to offended party
Disregard of rank of the offended party
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance
- not applicable to cases attendant of negligence or carelessness
- not applicable to cases attendant of passion or obfuscation, vindication or those with sufficient
provocation = because of the lack of intent
- this can be done to a person in authority or his agent
- there should be deliberate intent to disregard or insult = accompanied with the difference in rank, and
manifested by deliberate acts
- inherent in the crime of direct assault
Supposing, a sergeant was driving a jeep in a careless manner, then he hit a general, can the aggravating
circumstance of disregard of rank be appreciated? NO, there was no deliberate intent to disregard the
rank of the general
Supposing, physical injuries were made against Prof. Amurao by his student, can the aggravating
circumstance of disregard of rank be appreciated? YES, because Prof. Amurao is a person in authority
and ranks higher than the student.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Supposing, a sergeant sees his wife embracing a general, then he ran over them, can the aggravating
circumstance of disregard of rank be appreciated? NO, because this circumstance was attendant of
passion or obfuscation
Disregard of age of the offended party
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance
- not applicable to cases attendant of negligence or carelessness
- not applicable to cases attendant of passion or obfuscation, vindication or those with sufficient
provocation = because of the lack of intent
- for this circumstance to be appreciated, the disparity of age between offender and victim can be
determined if the victim can be the father of the accused; a disparity of 15 years or more
- tender age = for children; old age = for old people
Supposing, the offender was 90 years old when he stabbed the 105-year old victim, can the aggravating
circumstance of disregard of age be appreciated? YES, even if the offender was also very old, the
disparity of their ages still matters
Disregard of sex of the offended party
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance
- not applicable to cases attendant of negligence or carelessness
- not applicable to cases attendant of passion or obfuscation, vindication or those with sufficient
provocation = because of the lack of intent
- the victim contemplated in this paragraph should be a woman
- the offender should act with deliberate intent to disrespect the woman
- disregard of sex is absorbed in treachery
- dwelling may mean temporary dwelling
Dwelling
- a place or structure that satisfies the requirements of domestic life of a person
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance
- there no provocation on the part of the offended party
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Page 75 of 141
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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3.) Age
4.) Dwelling
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What is the required age difference? 15 years at least (could be the father)
Legal effect? Not offset by any ordinary mitigating circumstance. Raises the penalty to the maximum
-
When there are 2 or more generic agg, not offset by ordinary mit, can the penalty go beyond the max
prescribed by law? No.
When there are 10? No.
Must not exceed the penalty prescribed by law for the offense
What is the required age difference? 15 years at least (could be the father)
Age is generic
95- offended; 90- offender age aggravating? No.
Old man humiliated you in public. You stabbed him. Aggravating? No. Sufficient provocation is
incompatible.
You attacked a 60 yo man who filed a criminal case against you. Aggravating? Yes. No passion or
obfuscationg.
-Passion or obfuscation must arise from unlawful action.
You stabbed an old man who aimed a revolver at you. Not aggravating. No sufficient provocation.
Age is generic
95- offended; 90- offender age aggravating? No.
Old man humiliated you in public. You stabbed him. Aggravating? No. Sufficient provocation is
incompatible.
You attacked a 60 yo man who filed a criminal case against you. Aggravating? Yes. No passion or
obfuscationg.
-Passion or obfuscation must arise from unlawful action.
You stabbed an old man who aimed a revolver at you. Not aggravating. No sufficient provocation.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Sex
Q: Considered in rape as aggravating?
No. inherent
Generic
Can be appreciated in crimes against person? Yes but not in rape (inherent)
Accused intended to kill husband.Saw husband and wife walking. Fired at the husband but hit the wife.
Not aggravating. No deliberate intent.
Why is sex aggravating? Wemen belong to the weaker sex.
If the woman is a black belter? No longer aggravating. Reason for law dont exist anymore.
Rank, Age, Sex and Dwelling common element? RESPECT (deliberate disregard of the respect)
Dwelling
What is dwelling? (*Lloyd used the definition in the book. MALI)
Generic
Comfor room a dwelling? No.
Dwelling a place of structure which satisfies the requirements of domestic life of a person
Is it enough that the crime be committed in the dwelling? No. deliberate disregard of the respect due to the
offended party in the dwelling.
- Incomapatible with negligence
- Incompatible with p/o
- Incompatible with sufficient provocation
-Vindication can co-exist with dwelling? Yes. They are not incompatible.
Accused shot the victim while on the roof. Dwelling is aggravating
Accused was in the middle of the road. Victim was brushing his teeth by the window of the house.
Dwelling is aggravating, regardless of the location of the offender
Accused under the house of victim. Victim on the upper portion. Aggravating? Yes.
Victim
Carport? Yes
Comfort room of house? Yes
If the CR is 500 meters from the house? No. no longer an integral part of the house.
inside car. Car is in carport? Yes.
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Son of owner of house, raped housemaid. Not aggravating. Must not be living in the same house.
-Maid only reports from 6 am to 9 pm. Then goes home to family. No.
Family driver reports from 6am to 8pm. Employer was out, driver raped thestay-in housemaid. This is
aggravating.
Siblings brother killed brother? No.
Husband killed paramour in conjugal room. Aggravating against the husband? No
Wife had sex with a stranger in the conjugal room. Aggravating against wife? Yes. See page 354.
Exception to the rule that dwelling is not aggravating if both is living inside.
If the owner is the offender? No, as a general rule
-
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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CRIMINAL LAW
Lecture & Recitation Notes
- estafa
Page 80 of 141
Atty. Maximo Amurao
- qualified seduction
Supposing, lovers broke off 1 week before their encounter, can the aggravating circumstance of abuse
of confidence be appreciated? NO
Supposing, a nanny killed 2 yr.old child under her care, can the aggravating circumstance of abuse of
confidence be appreciated? NO, because there is no direct relationship and trust between the nanny and
child
Supposing, the nanny killed the mother of that child under her care, can the aggravating circumstance
of abuse of confidence be appreciated? YES, because there is direct relationship and trust between the
nanny and the parents of the child
Ungratefulness must be obvious, manifest and clear
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance; can be raised
to the maximum
- applicable to domestic servants, katiwalas, security guards
- not applicable to if offender and offended both live in the same house
Basis for aggravation: greater perversity of the ways and means employed
Abuse of confidence in estafa? Inherent.
Obvious ungratefulness
Employer attempted against the honor of housemaid. After several day, employer invited housemaid to
farm. Raped housemaid. No.
Abuse of confidence? Confidence broken.
Article 14(5) Palace and Places of Commission of Offense
- this paragraph contemplates FOUR aggravating circumstances
- offender must have the intention to commit a crime when he entered the place
- all the four circumstances are not applicable to cases attendant of passion or obfuscation, immediate
vindication or those with sufficient provocation = because of the lack of intent
- not applicable to cases involving spurs of the moment or chance meetings
Wisdom behind this circumstance: Why aggravate? Whats with the place? Because the place deserves
respect (applies to all the places mentioned under this paragraph)
Crime committed in the Palace of the Chief Executive
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance; penalty can
be raised to the maximum
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Page 82 of 141
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Supposing, there was no ceremony in the church when the crime was committed, can the aggravating
circumstance of place dedicated for religious worship be appreciated? YES
Supposing, there was no priest in the church , can the aggravating circumstance of place dedicated for
religious worship be appreciated? YES
Supposing, the crime was committed in a chapel inside a cemetery (the chapel is used only when there
are masses to be held for purposes of funeral services), can the aggravating circumstance of place
dedicated for religious worship be appreciated? NO, the place of religious worship should hold religious
ceremonies there regularly
Basis for aggravation: greater perversity shown by the place of the commission of the crime, which must
be respected
Generic
Emphasis of par 5? PLACE of the commission of the crime. (respect due to the place)
Pres Noynoy in Times St. Crime committed in Malacanang grounds. (garden). No, must be in palace itself,
not garden.
If the convoy was caught in heavy traffic. Accused knew it was the presidents convoy. Committed holdup
in the streets. Aggravating? Yes
Incompatible with negligence, p/o and sp.
President noynoy in helicopter hovering over the projects. Two workers had a fight. One stabbed another
to death within view of president noynoy. Aggravating? Yes.
Place devoted for religious worship.
Generic.
Is it enough that the crime be committed in a place decoted to religious worship? No. deliberate intent.
Accused rape victim while praying in San Beda Abbey? Yes
If in a private chapel in your house? No. 1.) regular worship. Regular religious worship. 2.) must be open
to the public.
Chapels in cemeteries? No.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Not necessary that the PA must be engaged in the performance of functions. Why? Emphasis is in the
place. Reason is the respect due to the place.
Chief justice asleep in his house. The Office of Chief Justice was robbed. Aggravating? Yes
Office of Senate Pres while SP was sleeping in his house in the middle of the night? Yes
BOOK IS WRONG. It will collide with par 2 if it will be required that the PA should be in the exercise of
his functions.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Page 84 of 141
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Uninhabited Place
- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE
OF THE CRIME
- there should be intent
Spur of the moment Not applicable
What is considered is the reasonable possibility for the victim to receive some help; the degree of
difficulty of giving assistance or help
Solitude (must be sought for to better attain criminal purpose)
- for an easy and uninterrupted accomplishment of their criminal design
- to insure concealment of the offense; security against detection and punishment
Band
- more than three malefactors
- shall have acted together
- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE
OF THE CRIME
What do you mean by armed? only guns? NO, knives are considered; anything that can kill a person
Aggravating in crimes against property and crimes against persons; NOT applicable in crimes against
chastity
Basis for aggravation: time & place of the commission & means employed
How many AC? 3
Nighttime generic (with jurisprudence)
Nighttime as absorbed in treachery qualifies homicide to murder
What is nighttime? P. 365
8pm. Met in the classroom. Stabbed amurao. Aggravating? No. classroom is well lighted.
Incompatible with: accidental meeting, negligence, p/o, s/p, spur of the moment.
Started the crime at 5pm (sunset) finishes at 11 pm aggravating? No. unset not dark yet.
Started at 3 am 530 pm sunrise? No.
Deliberate intent.
If the crime was finished only at nighttime not aggravating
Moviehouse. Lights off? No.
Announcement of total eclipse causing total darkness from 3pm to 5 pm. You plan to kill your neighbor
when the eclipse set in. not aggravating
\killed during full moon.no clouds covered the moon. NO
- Nighttime to be aggravating, the accused must have sought the darkness of the night.
In crimes against person may be an indicia of treachery.
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Uninhabited place
Generic
Legal effect?
Why aggravating? No possibility of receiving help (TEST)
Deliberate intent
Incompatible with negligence, sp, p/o, chance encounter, spur of the moment,
Can treachery absorb this ac? Yes.
By Band
Generic
Absorbed by treachery? Yes
Synonymous with syndicate? No
- 2 or more
- Not necessarily armed
5 persons commirtted robbery, only 3 armed. Bya band? No. at least 4 armed.
Qualifying
Legal effect
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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Conflagration
Retrieving your property. Accidentally met your mortal enemy. Stabbed him. Not aggravating
Incompatible with: p/o, spur of the moment, sp
Conflagration - A stranger took your properties, what is the crime. Qualified theft.
Article 14(8) Aid or Armed Men, etc.
- that the crime be committed with the aid of (1) armed men or, (2) persons who insure or afford impunity
Armed Men
- at least two (2) men; the law says men; four (4) men = band already
- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE
OF THE CRIME
Rule: Casual presence of armed men is NOT aggravating
The armed men must take part directly or indirectly in the crime
The offender must avail of the aid
Mere moral or psychological aid or reliance is sufficient
Actual aid is NOT necessary
Persons who insure or afford impunity
- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE
OF THE CRIME
- these persons should have or be in a position to afford impunity
Is a judge a person who can afford impunity? YES
Is an employee a person who can afford impunity? NO
Is a secretary a person who can afford impunity? NO
Is a mistress a person who can afford impunity? NO
Basis for aggravation: means and ways of committing the crime
PARAGRAPH 8
How many? 2
1.) Aid of armed men
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Lecture & Recitation Notes
2.) Aid of persons who afford impunity
Classification> qualifying
Legal effect?
Requirements:
1.) Took part
2.) Availed or relied
Armed men distinguished from band:
2
Direct or indirect
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Page 88 of 141
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Recidivist one who, at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of the RPC
Requisites:
1. that the offender is on trial for an offense
2. that he was previously convicted by final judgment of another crime
3. that both the first and the second offense are embraced in the same title of the RPC
4. that the offender is convicted of the new offense
Supposing, the first offense was acts of lasciviousness in 1980, then the second offense in 2006 was
attempted rape, can the aggravating circumstance of recidivism be appreciated? NO, because acts of
lasciviousness and attempted rape are not embraced in the same title of the RPC; acts of lasciviousnesscrimes against chastity; attempted rape-crimes against persons
Supposing the first offense in 1980 was attempted rape, then the second offense in 2006 was acts of
lasciviousness, can the aggravating circumstance of recidivism be appreciated? YES because attempted
rape then in 1980 was embraced under crimes against chastity, hence both crimes are embraced in the
same title of the RPC
Pardon does not obliterate the fact that the accused was a recidivist
The time or period between the two offenses is immaterial
Basis for aggravation: inclination to crimes
- Qualifying
- Legal effect
- Deliberate intent must take advantage of the calamity
Incompatible with negligence
Conflagration
Retrieving your property. Accidentally met your mortal enemy. Stabbed him. Not aggravating
Incompatible with: p/o, spur of the moment, sp
Conflagration - A stranger took your properties, what is the crime. Qualified theft.
Recidivist define
Violation of special penal laws - No, must be in the RPC
Simple theft convict pending appeal
Violation of anti fencing law No
Qualified theft pending appeal
Accomplice in attempted robbery no, final judgment
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Lecture & Recitation Notes
Before 8353 attempted rape served sentence
Slight physical injuries NO- not embraced
Public interest in the same title of RPC
Falsification of commercial documents
Estafa
- Poperty
1970-2010: not embraced in the same title.
REITERACION
- its necessary that the offender shall
have served out his sentence for
the 1st offense
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Atty. Maximo Amurao
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Lecture & Recitation Notes
- previous crimes must be of equal
or greater in penalty (at least one)
or at least two lighter penalties
If the 2nd crime is an offense or crime punishable under a special law, it cannot be considered under
reiteracion because Articles 13, 14, 15 of the RPC are not applicable to special law crimes, applicable
only to crimes defined under the Revised Penal Code.
Supposing, the 1st offense is illegal possession of firearms (a special law crime), punishable by reclusion
temporal, while the 2nd offense is less serious physical injuries, can the aggravating circumstance of
reiteracion be appreciated? YES, if the offender was previously punished for a special law crime or an
offense, the nature of the crime is immaterial; the emphasis is on the punishment or penalty
Four Forms of Repetition
1. Recidivism
3. Habitual Delinquency/Multi-recidivism
2. Reiteracion or Habituality
4. Quasi-recidivism
Habitual Delinquency when a person within a period of 10 years from the date of release or last
conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification,
found guilty for a 3rd time or oftener. A habitual delinquent shall suffer an additional penalty
Quasi-recidivism any person who shall commit a felony after having been convicted by final
judgment before beginning to serve such sentence or while serving the same, shall be punished by the
maximum period of the penalty prescribed by law for the new penalty.
Basis for aggravation: inclination to crimes
Reiteraciion and recidivism distinguish
Murder pardon. Aggravating? Yes. Pardon does not obliterate.
Attempted homicide 6 years probation
Frustrated murder No.
Serious physical injuries 4 years, pobation
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Less serious no
Classification generic
Legal effect?
Attempted homicide not alleged but proved during trial appreciate habituality? Yes, generic if without
objection
-
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Page 92 of 141
Atty. Maximo Amurao
You approached a gun-for-hire. Paid 50k to kill Amurao. Gun for hire was his former student willing to
kill Amurao without price. Aggravating? No.
Article 14(12) By means of inundation, fire, etc.
- that the crime be committed by means of inundation, fire, poison, explosion, stranding, of a vessel or
intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great
waste and ruin
- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE
OF THE CRIME
There are instances when these circumstances are inherent in the crime, thus cannot be appreciated as
aggravating circumstances:
1. by means of fire- inherent in arson
2. by means of derailment of locomotive inherent in damage to means of communication
3. by means of explosion- without intent to kill, inherent in destruction to property
Difference of Par.7 and Par.12
Par.7 = on occasion of calamity or misfortune; not within offenders control
Par.12 = the acts of great waste and ruin are used by the offender as means
Basis for aggravation: means and ways employed
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2. an act manifestly indicating that the culprit has clung to his determination; through an overt act
3. the date & time when the crime was committed (to compute lapse of time)
4. a sufficient lapse of time between the determination and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to overcome the resolution of his will
Is the aggravating circumstance of Evident Premeditation compatible with the mitigating circumstance
Immediate Vindication of a Relative for a Grave Offense? YES, the mitigating circumstance and
aggravating circumstance can be appreciated.
Can evident premeditation be present in error in personae? NO
Can evident premeditation be present in aberratio ictus? NO
Supposing, you intended to kill Prof. Amurao, thinking it was him, you shot at the person, who turned
out to be Dean Jara, can the aggravating circumstance of evident premeditation be appreciated? NO,
because there should be deliberate intent to kill Dean Jara
General rule: In aberratio ictus, evident premeditation is NOT applicable
Exception: if there was a general plan to kill anyone; if offenders intended to kill anyone
Basis for aggravation: reference to the ways of committing the crime because evident premeditation
implies deliberate planning of the act before executing it
Elements: 4
Classification qualifying
Legal effects?
Incompatible with negligence, spur of the moment, accidental meeting, p/o, sp
Vindication of grave offense? Yes
Error in personae
-general rule: No
Except: if there is a general plan
Accused has a specific victim but willing to kill a person who interfered. Yes
Abberatio ictus: No
Article 14(14) Craft, Fraud, Disguise
- that (1) craft, (2) fraud, (3) disguise be employed
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Atty. Maximo Amurao
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Atty. Maximo Amurao
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Atty. Maximo Amurao
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TESTS in TREACHERY.
1. Is the attack sudden and unexpected?
2. Was the victim given an opportunity for defense?
3. Was the means employed deliberate and consciously adopted? (3rd test is the most important.)
Incompatible with casual encounter- even if 1 and 2 were present, if 3 is lacking, there is no treachery.
Incompatible with accidental meeting- spur of the moment.
Incompatibel if killing was preceded by a heated argument. (place the victim on guard to be prepared for
any attack)
Entering carpark, vacant lot
Another vehicle hurrying towards the slot. You got in first. There was a heated argument. He warned you,
Babalikan kita. After two minutes shot you. Was there treachery? None.
If killing was preceded by threat, treachery? No.
Lacking question no. 2.
When attack consists of 2 or more stages
Aggression is interrupted- fatal blow-there was treachery
Continuing-treachery must be present at the inception
Example of #1 (see green notebook)
A saw his enemy B
w/o any warning from behind, inflicted stab wounds.
B was able to avoid. Open fight followed, B fled.
A immediatelt behind, stabbed B. B died. Was there treachery? None. Treachery was not consciously
adopted at the inception and the aggression being continuing.
Example of #2. People v. Canete, US vs. Baluyot
A sa B in a bar. A challenged his enemy B in a fight. They fought inside the bar. A hit B in the back by
pipe, B died. What crime? Homicide only. Chance encounter, not treachery.
Accused found to be intoxicated under influence of drugs? MURDER. Influence of illegal drugs qualifies
crime from homicide to murder. (RA 9165 Comprehensive Dangerous Drugs Act of 2002)
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Supposing victim warned not to enter a certain area while walking along the road, somebody stabbed him
from behind, treachery? YES. General warning is not enough to remove treachery.
Is the aggravating circumstance of Treachery compatible with the mitigating circumstance Immediate
Vindication of a Relative for a Grave Offense? YES, because there was intent to take revenge
Rules regarding Treachery
1. applicable only to crimes against persons
2. means, methods, or forms need not insure accomplishment of crime; only to insure execution
3. the mode of attack must be consciously adopted
Requisites
1. That at the time of the attack, the victim was not in a position to defend himself
2. That the offender consciously adopted the particular means, method or form of attack employed by
him
What is important to determine are the following:
- the victims ability to defend himself
- the mode of attack was consciously adopted
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Supposing, there was a heated argument between the offender and the offended before they attacked
each other, can the aggravating circumstance of treachery be appreciated? NO, either or both parties
should have been prepared
Supposing, there was a warning from the offender, then after a few minutes he attacked the victim, can
the aggravating circumstance of treachery be appreciated? NO, because there was a chance to defend
himself and pose a risk to the offender
Supposing, your enemy was sleeping, you tapped him, then you shot him as soon as he awakened, can
the aggravating circumstance of treachery be appreciated? YES
Supposing, the victims hands and feet were tied, then mortal wounds were inflicted on the victim, can
the aggravating circumstance of treachery be appreciated? YES
Supposing, the offender buried half of the victims body, then he hacked the victim to death, can the
aggravating circumstance of treachery be appreciated? YES
Supposing, the accused shot the victim who was tied to a coconut tree, can the aggravating
circumstance of treachery be appreciated? YES
Supposing, there was a dispute over a parking space, then the accused shot the victim, can the
aggravating circumstance of treachery be appreciated? NO
Supposing, the victim suffered frontal mortal wounds, immediately, can the aggravating circumstance
of treachery not be appreciated? NO, because having frontal wounds is NOT conclusive that there was
no treachery
Supposing, the victim suffered mortal wounds at the back, immediately, can the aggravating
circumstance of treachery be appreciated? NO
Note: The location of the wounds does not give rise to the presumption of the presence of treachery
Supposing, the victim hid behind a drum where he could not be seen by the offender, the offender,
knowing that the victim was hiding behind the drum shot at the drum; the bullet penetrated the drum
and hit the victim which caused his death, can the aggravating circumstance of treachery be
appreciated? YES, because the victim was not in a position to defend himself
Supposing, there was an agreement to fight
Treachery cannot be presumed; must be proved by clear and convincing evidence
In treachery, it is not necessary that the person intended to be killed was not the one actually killed
According to Prof. Amurao, treachery is a politician and a buwaya , because it takes everything;
because treachery absorbs all other aggravating circumstances
Basis for aggravation: means and ways employed
Additional notes from Prof. Amurao:
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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CRIMINAL LAW
Lecture & Recitation Notes
- If the offender was under the influence of drugs in the crime of murder or homicide, this can be
considered a qualifying aggravating circumstance, even in the absence of treachery (pursuant to RA 9165)
- the use of an unlicensed firearm = a special aggravating circumstance for the crime of murder or
homicide; before it was separately prosecuted, but now unlawful possession is only a special aggravating
circumstance that can increase the penalty to the maximum; no separate prosecution
Article 14(17) Ignominy
- that means be employed or circumstances brought about which add ignominy to the natural effects of the
act
- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE
OF THE CRIME
Ignominy a circumstance pertaining to the moral order which adds disgrace and obloquy to the
material injury caused by the crime
Applicable to crimes against chastity, less serious physical injuries, light or grave coercion and murder
Effect of ignominy: the crime becomes more humiliating or to put the offended party to shame
Supposing, a woman was raped in the presence of her husband and children, can the aggravating
circumstance of ignominy be appreciated? YES
Supposing, a woman was raped while cogon grass was wrapped around the penis of the offender , can
the aggravating circumstance of ignominy be appreciated? Prof. Amurao thinks that this scenario falls
under the aggravating circumstance of cruelty
Basis for aggravation: means employed
IGNOMINY
Art, 18 and 19- PD 532, accomplices in PD 532
Art. 19 accessories- Anti-fencing law PD 1829 (Obstruction of Justice)
Art. 29 Preventive Imp and crediting
Victim all wounds frontal
Treachery cannot be appreciated? No. Mere presence of frontal wound is not conclusive that no treachery
was employed neither will presence of back wounds be conclusive that treachery was present.
Absent any proof as to how wound was inflicted.
Victim has just awaken, still drowsy when attacked. Treachery? Yes.
Question Hour: Amurao Speaking.
NOTES BY:
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CRIMINAL LAW
Lecture & Recitation Notes
When there are 2 qualifying, one will suffice to change the nature of the crime. What will happen to the
other qualifying? The other will be considered as generic aggravating circumstance- penalty to the
maximum. (Except treachery, because treachery will absorb them)
N.B. Other qualifying circ. Not in art 248 (murder) e.g. craft, fraud, or disguise. They are means of
treachery, absorbed in treachery in Art. 248.)
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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CRIMINAL LAW
Lecture & Recitation Notes
Supposing, the accused intended to kill his next-door neighbor by breaking the wall separating them,
then he shot the neighbor, can the aggravating circumstance of breaking wall be appreciated? YES
Breaking wall is inherent in robbery with force upon things
Basis for aggravation: means and ways employed
Article 14(20) Aid of Minor or by Means of Motor Vehicles
- that the crimes be committed (1) with the aid of persons under 15 years of age or (2) by means of motor
vehicles, airships or other similar means
- this paragraph contemplates TWO aggravating circumstances
Aid of Minor
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance
- involves the taking advantage of the childs immaturity or innocence
Use of Motor Vehicles
- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE
OF THE CRIME
- the offender should deliberately seek for the use of the vehicle
- the use of the motor vehicle must be the means used to commit the crime
- should facilitate the commission of the crime
Supposing, the accused robbed a house then found a car in front of the house which he used for his
escape, can the aggravating circumstance of use of motor vehicle be appreciated? NO, because the
crime was already accomplished
Supposing, the accused robbed the passengers in a bus, can the aggravating circumstance of use of
motor vehicle be appreciated? YES, even if it is a public vehicle, the circumstance can be appreciated
Supposing, a taxicab was hired, then an argument ensued inside where the accused killed the victim,
can the aggravating circumstance of use of motor vehicle be appreciated? NO, because the motor
vehicle was just incidental to the crime
Are motorized bikes considered? YES
What if it is a motorized bike but the motor is not used ? YES
Are road-rollers or pison considered? NO, because it is not motorized as contemplated by the LTO
Use of motor vehicles is inherent in the crime of carnapping
Basis for aggravation: means and ways employed
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CRIMINAL LAW
Lecture & Recitation Notes
Article 15
- those which must be taken into consideration as aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending its commission
The following are alternative circumstances:
1. Relationship
2. Intoxication
3. Degree of Instruction and Education of the Offender
Article 15(1) Relationship
- considered when the offended party is the:
a. spouse
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CRIMINAL LAW
Lecture & Recitation Notes
b. ascendant
c. descendant
d. legitimate, natural, adopted sibling
e. relative by affinity
Q: Supposing, a stepdaughter was raped by her stepfather, can the alternative circumstance of
relationship be appreciated? YES
Relationship is mitigating in crimes against property (RUFA):
1. robbery
3. fraudulent insolvency
2. usurpation
4. arson
Relationship is exempting in crimes of theft, swindling, or malicious mischief if the offender and
offended live together
Relationship is aggravating in crimes against persons when the offended is a relative of higher degree
than the offender or when the offender and offended are parties of the same level
If the offended is a relative of lower degree, in the crime of less serious and slight physical injuries,
relationship is mitigating
If the offended is a relative of higher degree, in the same crimes, relationship is aggravating
When the crime is homicide or murder, which resulted to the death of the victim, relationship is
aggravating, regardless of degree.
In crimes against chastity, relationship is ALWAYS aggravating
Article 15(2) - Intoxication
a. mitigating when:
- the drinking is not habitual; or accidental
- if the intoxication is not subsequent to the plan to commit a crime
Reason for mitigation: exercise of will power is impaired
b. aggravating when:
- if habitual
- if intoxication is intentional (fully knowing its effects as a stimulant) or subsequent to the plan to
commit the crime
Reason for aggravation: bolstered courage to commit the crime (intentional); lessens resistance to evil
thoughts (habitual)
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CRIMINAL LAW
Lecture & Recitation Notes
Article 16
ARTICLE 16 WHO ARE CRIMINALLY LIABLE
-the following are criminally liable for grave and less grave offenses:
1. Principals
2. Accomplices
3. Accessories
- the following are criminally liable for light felonies:
1. Principals
2. Accomplices
Accessories are not liable for light felonies because the social wrong is so small
Rules on light felonies
1. punishable only when consummated
2. when committed against persons or property and punishable in the attempted or frustrated
3. only principals and accomplices are liable
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CRIMINAL LAW
Lecture & Recitation Notes
Article 17
ARTICLE 17 PRINCIPALS
- the following are considered principals:
1. those who take a direct part in the execution of the act
(By Direct Participation)
2. those who directly force or induce others to commit it (By Inducement)
3. those who cooperate in the commission of the offense by another act without which it would not have
been accomplished
(By Indispensable Cooperation)
Article 17(1) Principals by Direct Participation (PDP)
- Requisites:
1. they participated in the criminal resolution
2. they carried out their plan and personally took part in its execution by acts which directly tended to the
same end
In multiple rape, all the rapists are equally liable, regardless of degree of participation
Without the 2nd requisite, there is only conspiracy = thus there is no criminal liability
Article 17(2) Principals by Inducement (PI)
Principals by Inducement are ONLY liable when the Principal by Direct Participation committed the
act induced
Two ways of becoming principal by induction
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CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
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CRIMINAL LAW
Lecture & Recitation Notes
person proposed to shouldnt
commit the crime
- inducement involves any crime- applies in treason & rebellion only
First requisite
- requires participation in the criminal resolution
- there must be conspiracy
- concurrence is sufficient
- cooperation indispensable
Second requisite
- cooperation MUST be indispensable
- if dispensable, accused is only an accomplice
Collective Criminal Responsibility (CCR) when the offenders are criminally liable in the same
manner and to the same extent; penalty is the same for all:
a. Principals by Direct Participation CCR
b. Principals by Inducement CCR with Principals by Direct Participation, except those who
directly forced another to commit a crime
c. Principals by Indispensable Cooperation CCR with Principals by Direct Participation
Individual Criminal Responsibility (ICR) in the absence of previous conspiracy, unity of criminal
purpose and intention immediately before the commission of the crime or community of criminal design,
the criminal responsibility arising from different acts directed against one and the same person is
individual and not collective, and each of the participants is liable only for the act committed by him
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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CRIMINAL LAW
Lecture & Recitation Notes
Article 18
ARTICLE 18 - ACCOMPLICES
- Accomplices are persons who, not being included in Article 17, cooperate in the execution of the crime
by previous or simultaneous acts
Quasi-Collective Criminal Responsibility some of the offenders in the crime are principals; others
are accomplices
Participation-proved by positive &competent evidence; cant be presumed
Accomplices have - no previous agreement
- no understanding
- not in conspiracy
have decided on it
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Article 19
ARTICLE 19 - ACCESSORIES
- Accessories are those who, having knowledge of the commission of the crime and without having
participated therein, either as principals or accomplices, take part subsequent to its commission in any of
the following manners:
1. by profiting themselves or assisting the offender to profit by the effects of the crime
2. by concealing or destroying the body of the crime or the effects or instruments thereof, in order to
prevent its discovery
3. by harboring, concealing or assisting in the escape of the principal of the crime, provided the accessory
acts with of his public functions or whenever the author of the crime is guilty of treason, parricide,
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CRIMINAL LAW
Lecture & Recitation Notes
murder, or an attempt to take the life of the Chief Executive or is known to be habitually guilty of some
other crime
Examples of by concealing or destroying the body of the crime (or the corpus delicti)
- assisted in the burial to prevent discovery
- concealing or hiding weapons used in the commission of the crime
- furnishes the means to stage the crime scene
Requisites for Article 19(3):
a. accessory is a public officer
- harbors, conceals, assists in the
escape
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CRIMINAL LAW
Lecture & Recitation Notes
Apprehension and conviction of the principal is not necessary for the accessory to be held criminally
liable
If the principal is at-large or not yet apprehended, the accessory may be prosecuted and convicted
Anti-Fencing Law of 1979 (Presidential Decree No.1612)
Fencing is the act of any person who, with intent to gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in
any article, item, object or anything of value which he knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery or theft
Fence includes any person, firm, association, corporation or partnership or other organization
who/which commits the act of fencing
Article 20
ARTICLE 20 ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY
- those who are exempt are the following:
a. spouses
Ground for exemption ties of blood; preservation of the cleanliness of ones name
Nephew or niece not included
Accessories not exempt if they: - profited by the effects of the crime
- assisted the offender to profit
PENALTIES
Penalty the suffering that is inflicted by the State for the transgression of a law
Different juridical conditions of penalty
- productive of suffering
- certain
- commensurate with the offense - equal for all
- personal
- correctional
- legal
Purpose of punishment: To secure justice
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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CRIMINAL LAW
Lecture & Recitation Notes
Social defense & exemplarity: justifies the imposition of the death penalty
The penalties under the RPC have a 3-fold purpose
1. Retribution or expiation penalty commensurate with the gravity of the crime
2. Correction or reformation shown by rules that regulate execution of penalties consisting in
deprivation of liberty
3. Social defense shown by its inflexible severity to recidivists and habitual delinquents
Article 21-29
ARTICLE 21 PENALTIES THAT MAY BE IMPOSED
- No felony shall be punishable by any penalty not prescribed by law prior to its commission
ARTICLE 22 RETROACTIVE EFFECT OF PENAL LAWS
- Penal laws shall be retroactive in so far as they favor the person guilty of a felony and is not a habitual
criminal
General Rule prospective effect
Exception favorable to the accused
Reason for the exception former laws repealed or amended are unjust
Article 22 does not apply to the provisions of the Revised Penal Code; but applies to (1) penal laws
enacted before the RPC, and (2) penal laws enacted subsequent to the RPC, which are more favorable to
the accused
Criminal Liability of repealed laws still subsist when:
1. there is a reenactment of the law
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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CRIMINAL LAW
Lecture & Recitation Notes
- does not extinguish criminal action except in Article 344 of the RPC; but an express waiver can
extinguish the civil liability for the injured party
A pardon by the offended party does not extinguish criminal action, because a crime committed is a
felony or offense committed against the State, eg. estafa - even the offender pays damages to the injured
party, the offender can still be prosecuted
Compromise does not extinguish criminal liability
Under Article 344, in the crimes of seduction, abduction, rape or acts of lasciviousness, there shall be no
criminal prosecution if the offender is expressly pardoned by the parents or grandparents or guardian of
the offended party. In the crime of adultery or concubinage, both offenders (the offending spouse and
paramour) must be pardoned by the offended party
Pardon under Article 344 must be made before the institution of criminal prosecution, unless after the
institution of the criminal action, the offender and the offended decide to get married; This pardon is
only a bar to criminal prosecution
ARTICLE 24 MEASURES OF PREVENTION AND SAFETY THAT ARE NOT CONSIDERED AS PENALTIES
1. Arrest and Temporary Detention
5. Deprivation of Rights with
2. Commitment of a Minor
Reparations
Arresto Menor
Fines
Afflictive penalties
Public Censure
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary absolute disqualification
Prision Mayor
Fine
Bond to keep the peace
Correctional penalties
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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CRIMINAL LAW
Lecture & Recitation Notes
Prision Correccional
Arresto Mayor
Suspension
Destierro
Accessory Penalties
- Perpetual or Temporary absolute disqualification
- Perpetual or Temporary special disqualification
- Suspension from public office, the right to vote and be voted for, the profession or
calling
- Civil interdiction
- Indemnification
- Forfeiture of confiscation of instruments and proceeds of the offense
- Payment of cost
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
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CRIMINAL LAW
Lecture & Recitation Notes
3. Prision mayor 6 yrs. and 1 day to 12 yrs.
4. Prision correctional, suspension, destierro 6 months and 1 day to 6 yrs.
5. Arresto mayor 1 month and 1 day to 6 months
6. Arresto menor 1 day to 30 days
7. Bond to keep the peace the period during which the bond shall be effective is discretionary on the
court
ARTICLE 28 COMPUTATION OF PENALTIES
(reading matter)
ARTICLE 29 PREVENTIVE IMPRISONMENT
Preventive imprisonment an accused undergoes this when the crime charged is non-bailable, or even
if bailable, he cannot furnish the required bail
The full-time or four-fifths of the time during which offenders have undergone preventive imprisonment
shall be deducted from the penalty imposed
Article 30-35
ARTICLES 30-35 EFFECTS OF PENALTIES
(reading matter)
Civil interdiction shall deprive the offender during the time of his sentence of the rights parental
authority, or guardianship, either as to the person or property of any ward, of marital authority, of the
right to manage his property, and of the right to dispose of such property by any act or any conveyance
Article 36
ARTICLE 36 PARDON ; ITS EFFECTS
- shall not restore the right to hold office and the right of suffrage, unless expressly restored by the terms of
the pardon
- shall not exempt the culprit from civil liability
Difference bet. Pardon by the President & Pardon by the Offended
PARDON BY PRESIDENT
PARDON BY OFFENDED
- extinguishes criminal liability
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
- cannot include extinction of civil
liability
Article 37
ARTICLE 37 COSTS
1. Fees
2. Indemnities, in the course of judicial proceedings
Article 38
ARTICLE 38 PECUNIARY LIABILITIES ; ORDER OF PAYMENT
1. The reparation of the damage caused
2. Indemnification of the consequential damages
3. Fine
4. Costs of proceedings
Article 39
ARTICLE 39 SUBSIDIARY PENALTY
Subsidiary Penalty a subsidiary personal penalty to be suffered by the convict who has no property
with which to meet the fine, at the rate of one day for each eight (P8) pesos, subject to the rules provided
for in Article 39
Subsidiary penalties should be expressly specified in the conviction because without it, the accused
cannot be compelled to comply with it
Article 40-44
ARTICLES 40-44 ACCESSORY PENALTIES OF ARRESTO
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
(reading matter)
- Accessory penalties do not have to be specified expressly in the judgment of conviction
- usually, the specific accessory penalties are not specified, they are said generally
Article 45-47
ARTICLE 45 CONFISCATION AND FORFEITURE
- the proceeds of the crime must first be submitted to the jurisdiction of the courts, and also the tools used;
if not submitted, the courts cannot adjudicate on the proceeds and tools whether they would be disposed
in favor of the state
ARTICLE 46 PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL
- the penalty prescribed by law for the commission of a felony shall be imposed upon the principals
- the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the
consummated felony
Penalty in general terms shall be imposed:
1. upon the principals
2. for the consummated felony
Exception when the law fixes a penalty for frustrated or attempted felony
ARTICLE 47 WHEN DEATH PENALTY NOT TO BE IMPOSED
1. minors under 18 at the commission of the crime (repealed by RA 9344)
2. persons over 70 years old
The Death Penalty should be imposed on cases where the law specifies it
The Death Penalty as of now is deemed to be irrelevant
Article 48
ARTICLE 48 COMPLEX CRIMES
1. When a single act constitutes two or more grave or less grave felonies (compound crimes)
2. When an offense is a necessary means for committing the other
(complex crime proper)
There must be at least two crimes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Supposing, a person stole the fighting cocks of his neighbor alternately with three separate,
independent acts , is the crime complex or separate? Complex, as held by the SC in People v. De Leon,
the criminal act was done on the same occasion and the offender was motivated by one criminal
impulse
Supposing, a libelous article was published defaming 5 congressmen specifically identified by their
names, is the crime complex or separate? Separate, because there are as many crimes of libel as there
are persons libeled, provided that the persons are expressly specified; because each of the 5
congressmen may file for libel
Supposing, using the same facts above except that the congressmen were not identified, is the crime
complex or separate? Complex
Supposing, in a local publication, news writers wrote that the Herrera doctors are inefficient , is the
crime complex or separate? Complex, because the identification was in general terms, not specifically
identified
Complex Crime Proper
- Requisites:
1. that at least two offenses are committed
2. that one or some of the offenses must be necessary to commit the other
3. that both or all the offenses must be punished under the same statute
Necessary means not equivalent to indispensable means
Supposing, the accused kidnapped a girl with intent to kill, brought the victim somewhere then killed
her, is the crime complex? NO, the crime is only murder, because the kidnapping was only a means to
commit the crime of murder
Supposing, law students made a falsified solicitation letter and collected money, is the crime complex?
YES, the falsification of the private document was necessary for the crime of estafa
Supposing, a public official committed malversation through falsification of public documents, is the
crime complex? YES, because the falsification was necessary to commit malversation
Supposing, the accused killed his victim in a building, then committed arson to conceal the murder , is
the crime complex? NO
In the crimes of estafa and falsification, you look at the crime first committed if it was necessary for the
commission of the other; the common element in estafa and falsification is the intent to cause damage
Supposing, a city treasurer malversed P5million pesos out of taxes then falsified documents to
conceal the malversation, is the crime complex? NO, the crimes are separate
Supposing, in the crime of rebellion, an NPA commander burned villages and killed the villagers in
furtherance of his acts of rebellion, is the crime complex? NO, because the acts he committed were
absorbed in the crime of rebellion
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Supposing, in the crime of rebellion, the NPA commander killed someone for personal reasons, is the
crime complex? NO, the crimes are separate
In the crimes of treason or rebellion, when common crimes are committed, (1) in furtherance of or is
related to treason or rebellion, the crimes are absorbed, but (2) for personal reasons or for a private
purpose, the crimes are separate
There is no complex crime of rebellion with common crimes
Special Complex Crimes
- Rape with Homicide
Article 49
ARTICLE 49 PENALTY FOR PRINCIPALS OF CRIME COMMITTED WAS DIFFERENT FROM WHAT WAS
INTENDED
Article 50-57
ARTICLES 50-57 DEGREES TO WHICH PENALTIES
Participants liability lowered by degrees
SHOULD BE LOWERED
(reading matter)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
consummated
frustrated
attempted
Principals
Accomplices
Accessories
All penalties for each crime in the RPC = generally, shall always be imposed unless the law itself
expressly provides, except Article 60
Degree one whole penalty; one entire penalty or one unit of penalties enumerated in the graduated
scales
Period one of the 3 equal portions (minimum, medium, maximum)
Article 58-60
ARTICLE 58 ADDITIONAL PENALTY UPON ACCESSORIES OF ART .19(3)
- Absolute perpetual disqualification if guilty of a grave felony
- Absolute temporary disqualification if guilty of a less grave felony
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Article 19(3) public officers who help the author of the crime by misusing their office and duties shall
suffer the additional penalties
ARTICLE 59 PENALTY FOR IMPOSSIBLE CRIMES
- Arresto mayor, with fine of P200-P500
Basis for imposition:
- social danger
- degree of criminality
ARTICLE 60 EXCEPTIONS TO ARTICLE 50-57
- shall not be applicable to cases in which the law prescribes a penalty for frustrated and attempted stages
or to be imposed on accomplices or accessories
Article 61
ARTICLE 61 RULES FOR GRADUATING PENALTIES
Divisible Penalties divided into three, so effects of ordinary mitigating circumstances and generic
aggravating circumstances can be applied
Indivisible Penalties eg. reclusion perpetua, public censure, fine
First Rule and Second Rule
Penalty only consists of a degree
The penalty next lower by one degree = penalty immediately following the penalty prescribed by the law
- single and indivisible = Reclusion perpetua
- penalty next lower in degree = Reclusion temporal
Supposing, accused shot the victim qualified by treachery, but the victim survived, thus accused was
convicted of frustrated murder , the penalty for murder is reclusion perpetua, but since it was frustrated,
the penalty next lower in degree applies, which is reclusion temporal
Fourth and Fifth Rule
Penalty prescribed by law is 1, 2, or 3, several periods
- If one period lower, go down one period in the graduated scale
- If two periods lower, go down two periods in the graduated scale
- If three periods lower, go down three periods in the graduated scale
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
- Prision mayor (6 years and 1 day to 12 years)
12 6 = 6 / 3 = 2
2 = common multiple (add 2 to the periods starting from the minimum)
Minimum 6 years and 1 day to (6+2) 8 years
Medium 8 years and 1 day to (8+2) 10 years
Maximum 10 years and 1 day (10+2) 12 years
Prision mayor
medium
Article 62
ARTICLE 62 - EFFECTS OF THE ATTENDANCE OF MITIGATING AND AGGRAVATING CIRCUMSTANCES
AND HABITUAL DELINQUENCY
First rule: Aggravating circumstances:
1. should not themselves constitute a crime, eg. by means of fire = arson; by means derailment of a
locomotive = destruction of property
- Is unlawful entry a crime in itself? YES
2. should not be included in defining the crime , eg. by means of poison in the crime of murder
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
3. The maximum period shall be imposed regardless of mitigating circumstances if the offender is a public
officer who took advantage by public position
4. The maximum period shall be imposed for members of an organized or syndicated crime group
Organized or Syndicated Crime Group group of two or more persons collaborating, confederating or
mutually helping one another for purposes of gain in the commission of any crime
Second rule
- Aggravating circumstances are not applicable if inherent in the crime , eg. evident premeditation in
robbery or theft; advantage taken by public position in malversation; sex in crimes against chastity;
breaking wall in malicious mischief
Third rule: Aggravating or Mitigating Circumstances arising from:
1. Moral attributes
Supposing, the victim gave sufficient provocation, which irritated the accused who called his brother
for assistance, then they both killed the victim, can the mitigating circumstance of sufficient
provocation be appreciated for both of them? NO, only to the one who was the target of the provocation
(the accused) and not his brother
2. Private relations
Supposing, your neighbor slapped your mom, then you asked your friend to accompany you to kill
your neighbor, can the aggravating circumstance of immediate vindication of a relative for a grave
offense be appreciated for the both you? NO, only to you because it was your mom who was offended
first and not your friend
3. Personal cause
Supposing, you and your friend entered your neighbors house, not knowing that your friend is
afflicted with kleptomania, can the mitigating circumstance of illness be appreciated for the both of you?
NO, illness can be appreciated only to your friend
Fourth rule: Aggravating or mitigating circumstances apply in the:
- material execution of the act and in the means employed to accomplish it; only to those who had
knowledge at the time of the execution
1. Material execution
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Supposing, Prof. Amurao asked his student to simply kill his classmate, but the student applied
cruelty when he killed his classmate, can the aggravating circumstance of cruelty be appreciated with
Prof. Amurao? NO, because he had no knowledge of the material execution used.
Supposing, using the same facts above, but Prof. Amurao told his student to kill his classmate at all
costs, can the aggravating circumstance of cruelty be appreciated with Prof. Amurao? YES
2. Means employed to accomplish
- Principal by direct participation uses poison to commit murder without the knowledge of the Principal
by inducement
Habitual Delinquency
Habitual Delinquent a person who, within a period of 10 years from the date of release or last
conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification,
found guilty for a 3rd time or oftener. A habitual delinquent shall suffer an additional penalty
Difference between Habitual Delinquent/Recidivist/Reiteracion
Habitual Delinquent
Crimes - specified crimes
Recidivism
- 2 crimes embraced in
the same title of the RPC
Reiteracion
- 2 crimes not
embraced in the same
title of the RPC
No. of
Crimes - 3rd time or oftener
- a generic aggravating
- not always an
circumstance; can be
aggravating
offset by an ordinary
circumstance
is imposed
mitigating circumstance
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
information
- should be alleged in the
beginning
Article 63
ARTICLE 63 RULES ON INDIVISIBLE PENALTIES
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
1. For single indivisible penalties (reclusion perpetua) shall be applied regardless of mitigating or
aggravating circumstances, eg. the crime of rape with homicide, with the mitigating circumstances of
voluntary surrender, voluntary confession of guilt, and illness, the penalty shall still be reclusion
perpetua because circumstances are disregarded
2. For two indivisible penalties (sub-paragraphs 1-4 are inapplicable, because there is no death penalty,
therefore there s only one indivisible penalty)
Exception to disregarding circumstances: if it is a privileged mitigating circumstance (Articles 68 &
69), or if the accused is a minor who acted with discernment = can be entitled to a penalty next lower in
degree
Article 64
ARTICLE 64 RULES FOR PENALTIES WITH 3 PERIODS
- In accordance w/ Articles 76-77 whether there are attending circumstances
First rule
- if neither a mitigating or aggravating circumstance is present = medium period is imposed
Second rule
- if there is a mitigating circumstance = minimum period is imposed
Third rule
- if there is an aggravating circumstance = maximum period is imposed
Fourth rule
- if there is both a mitigating and aggravating circumstance = courts shall offset the circumstances
according to relative weight
Fifth rule
- if there are 2 or more mitigating circumstances and absolutely no aggravating circumstances = the
penalty next lower in degree is imposed
Sixth rule
- whatever the number or nature of aggravating circumstances = courts cannot impose a greater penalty
than prescribed by law in maximum
Seventh rule
- Courts can determine extent of penalty within the limits of each period
Mitigating circumstance must be ordinary = not privileged
Aggravating circumstance must be generic = not qualified or inherent
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Article 65-67
ARTICLE 65 RULES FOR PENALTIES NOT IN THREE PERIODS
(reading matter)
ARTICLE 66 IMPOSITION OF FINES
(reading matter)
- of the maximum fine is either added (for aggravating circumstances) or deducted (for mitigating
circumstances) from the maximum fine
- courts must consider:
1. mitigating or aggravating circumstances
2. wealth or means of the culprit
ARTICLE 67 PENALTY FOR INCOMPLETE EXEMPTING CIRCUMSTANCE OF ACCIDENT
- Arresto mayor maximum to prision correccional minimum (grave felonies)
- Arresto mayor minimum to Arresto mayor medium (for less grave felonies)
Light felonies through negligence = no penalty
Article 68
ARTICLE 68 PENALTY FOR MINORS UNDER 18
(repealed by RA 9344)
Minor under 18 who acted with discernment = penalty two degrees lower
Article 69
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Article 70
ARTICLE 70 SUCCESSIVE SERVICE OF SENTENCE
Simultaneous Service if the nature of the penalties will so permit, i.e. Reclusion temporal and
Perpetual Absolute Disqualification (refer to Reyes book for a complete list of penalties that ca be
served simultaneously)
Successive Service if cannot be served simultaneously (such as two jail sentences) shall follow the
scale provided by Article 70 based in the order according to severity
3-fold rule the maximum duration of the convicts sentence shall not be more than 3-fold the length
of the time corresponding to the most severe of the penalties imposed
only applies when the convict has to serve at least 4 sentences
In no case shall the sum total of penalties exceed 40 years
In the scale, Arresto menor comes before destierro because complete deprivation of liberty or
imprisonment in arresto menor is more severe than destierro
Supposing, you are a judge, can you impose the sentence of 500 counts of malversation, which is each
punishable by 15 yrs. of imprisonment, without violating Article 70? YES, because the 3-fold rule does
not refer to the imposition of sentence but refers to the service to the penalty; the courts can sentence no
matter what and no matter how much
The 3-fold rule is the concern of the Director of Prisons, NOT of the courts
If the sum total of all the penalties does not exceed the most severe multiplied by 3, the 3-fold rule does
not apply
Duration of convicts sentence refers to several penalties for different offenses not yet served out = has
to serve continuous imprisonment
Article 71-77
ARTICLE 71 GRADUATED SCALES
Penalties are classified between personal penalties (imprisonment) and political rights (suspension, fine,
etc)
Arresto mayor is followed by destierro
ARTICLES 72-77 (reading matter)
Article 73 Accessory penalties are deemed imposed
Subsidiary imprisonment is NOT an accessory penalty
INDETERMINATE SENTENCE LAW (A CT 4103 AMENDED BY ACT 4225)
- mandatory in nature; whether the courts like it or not, they have to apply the same except for those
mentioned in Sec. 2 who are disqualified
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
If the convict reaches the Minimum term , he shall eligible for parole; terms and conditions can be
imposed by the BPP
Note from Prof. Amurao: It pays to be in good terms with the judge and his wife or his number 2 so you
can get a low Minimum term if not the lowest
Surveillance Period during Parole (SP)
1. If there is no violation during the during the special period, the court will issue an order for final
discharge
2. Legal effect of a violation of law or rules:
- release may be revoked
- prosecuted anew
- prolonged change in the terms and conditions of the parole
- made to serve out the remaining unexpired portion of the sentence
During parole, the convict is as free as any normal person except for the terms and condition that have to
be observed
ISLAW is inapplicable with the following:
1. persons convicted of death or life imprisonment
- in terms of death, this refers to the penalty actually imposed in the conviction by the courts, not the
penalty prescribed by the law
- in terms of life imprisonment , what if Reclusion perpetua is imposed, can the ISLAW still be applied?
The SC says NO, its not applicable
2. those convicted of treason, proposal or conspiracy to commit treason
3. those convicted of misprision of treason, rebellion, sedition, espionage
4. convicted of piracy
5. habitual delinquents
6. those who escaped from confinement
7. those who violated the terms of conditional pardon by the President
8. maximum term of imprisonment less than a year
9. those convicted by destierro or suspension
- destierro is a conviction imposed by courts
PROBATION LAW (PD 968)
Probation a disposition under which a defendant after conviction and sentence, is released subject to
the conditions imposed by the court and to the supervision of the probation officer
Objectives/Purpose
1. Promote correction and rehabilitation
2. Opportunity for reformation
3. Prevent commission of offenses
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
- character
- environment
- institution/community
- antecedents
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Supposing, convict filed a notice of appeal, later changed his mind, withdrew his appeal then filed an
application for probation, can he do that? NO, once you file for an appeal, you waive your right to file
for an application for probation, and vice-versa if you first file for an application then later on decide to
withdraw it.
Supposing, a judgment of conviction was made, thus not entitled to probation, so accused filed an
appeal in the CA where his sentence was lowered, qualifying him for probation, can he apply for
probation now? CA says YES, there cant be any waiver of right because he was not
entitled to file an application for probation = theres nothing to
waive
SC says NO, because he already appealed, though with strong dissenting
opinions about it (The SC is supreme, but it is not always right)
Beyond the 15-day reglamentary period, you cant file an application for probation, except in RA 9344, a
child in conflict with the law can file an application for probation anytime
ARTICLES 78-80 (reading matters)
- Article 79 Suspension of Execution
- Article 80 (repealed by RA 9344) involves the diversion and intervention programs for children in
conflict with the law
ARTICLES 81-85 PROCEDURE AND GUIDELINES FOR THE EXECUTION OF DEATH PENALTY (reading
matter)
ARTICLE 86 ADMINISTRATIVE MATTER ON PENITENTIARIES
(reading matter)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
ARTICLE 87 DESTIERRO
- prohibition in a certain place or places designated in the conviction
- not permitted to enter the place or places nor within the radius specified not more than 250, but not less
than 25 kilometers from the place
ARTICLE 88 ARRESTO MENOR
- shall be served in municipal jails
- or for health reasons, can be allowed to stay home (house arrest)
ARTICLE 89 TOTAL EXTINCTION OF CRIMINAL LIABILITY
1. Death of a convict = extinguishes personal penalties but not pecuniary
if death comes before final judgment, even pecuniary liabilities are extinguished
2. Service of sentence
- crime is a debt incurred by the offender as a consequence; after service of the sentence, the debt is paid
3. Amnesty
- extinguishes the penalty and its effects; as if the crime was not committed
4. Absolute Pardon
- an act of grace by the Chief Executive; exempts the person from punishment only
5. Prescription of crime
- forfeiture or loss of the right of the State to prosecute
6. Prescription of penalty
- loss or forfeiture of right of the government to execute the final sentence
7. Marriage of offended woman (Article 344)
- private crimes (abduction, seduction, lascivious acts adultery, concubinage) cannot be prosecuted de
officio
- public crimes (rape) can be prosecuted de officio (meaning initiated in Court by filing a complaint
Marriage can extinguish either crimes
ARTICLE 90 AND 91 PRESCRIPTION OF CRIMES AND COMPUTATION
1. Death, Reclusion perpetua, Reclusion temporal = 20 years
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
1. if offender gives himself up
2. if he is captured
3. goes to a foreign country with which we have no extradition treaty
4. commits another crime before expiration of the period of prescription
interrupt
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
- must be delivered and accepted; contract bet. President and the convict
2. By commutation of the sentence
3. For good conduct allowances which culprit may earn
4. Full credit of service of preventive imprisonment
5. Release on Parole
6. Release under Probation
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
- fine
- prescription of liberty
Interested parties are: the government/State/President against the accused who is the only one liable
because penalties are personal
(ii) civil liability, which can be extinguished by:
- restitution
- indemnification
- reparation
Interested parties are: the offended party and heirs against the accused and heirs
Civil liability can be extinguished similar to that of contracts
Upon filing of the criminal action, civil action is deemed instituted
If the criminal case was filed first, it shall take precedence
If the civil case was filed first, it will be suspended when the criminal case is filed
Reservation of right loses right to intervene in criminal case, but allows for the institution of an
independent civil action (ICA)
Independent Civil Action (for cases of or claims for damages, defamation, physical injuries) may
proceed simultaneously with the criminal case, but if there is prejudicial question, it shall be decided
first
Prejudicial Question is one which arises in a case, the resolution of which is a logical antecedent of
the issue involved in the said case, and the cognizance of which pertains to another tribunal
Extinction of criminal liability (acquittal) shall not carry the civil action with it unless it is the basis for
the decision
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
First rule:
- Article 12 (1, 2, 3) = civil liability devolves to those who have parental or legal authority of them
Second rule:
- Article 11(4) = those who benefited from the harm prevented are civilly liable
Third rule:
- Article 12 (5 & 6) = the persons causing the fear or using violence are primarily liable; in their absence,
those who acted are secondarily liable
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla
Salendab