Professional Documents
Culture Documents
CRIMINAL LAW 1
Q: Suppose Congress enacted a piece of legislation, and any violation of that law,
penalty will be payment of damages, is that criminal law?
Q: Suppose the form of penalty will be confiscation of license, is that criminal law?
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 Page 2 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Q: What is a crime?
Generic term used to refer to a wrongdoing punished either in RPC or under a
special law
Q: Who has the power to enact laws?
Congress (Legislative)
Q: We call our penal code, the REVISED PENAL CODE, why, which penal code was
revised?
The Spanish Penal Code
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 3 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Because of its police power. The right to prosecute and punish crimes is
vested in the sovereign power, which is the Filipino people.
Q: Why is there a long lapse of time in the effectivity and approval of the RPC?
So that PH will be familiarized with the new provisions of the RPC
CLASSICAL
-the objective is retribution
- the emphasis is on the crime
-consistent with the saying an eye for an eye, a tooth for a tooth
- man has free will to do or not to do
- the criminal liability arises from knowledge and freedom
-man is a rational being
-example: RA 9372 (Human Security Act of 2007)
POSITIVIST
-the objective is reformation
-the emphasis is on the criminal
-believes that crime is a social phenomenon
-sees man as a moral/human being
-man by nature is good
-man is exposed to environment where man is compelled to do a crime
-example: RA 9344 (Juvenile Justice and Welfare Act of 2006)
Probation Law of 1976
Indeterminate Sentence Law
MIXED
-combines the classical and the positivist
-applied classical theory for heinous crimes
-applies the positivist for economic and social 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 Page 4 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Is this absolute?
No.
In the crime of treason, PBRD is not the only requirement. There is a
requirement of the 2 witness rule
2. 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
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 Page 5 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Can you give an example of a treaty that is an exception to the generality &
territoriality principles of criminal law?
VFA
Q: When is it exclusive?
PH have exclusive jurisdiction crimes punishable under PH laws but not
punishable under US laws.
US have exclusive jurisdiction - crimes punishable under US laws but not
punishable under PH laws.
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 Page 6 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Q: When is it concurrent?
Crimes punishable both under PH and US laws.
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 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 the one who was injured filed a civil case for damages, will it prosper?
No. VFA covers only criminal aspect
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.
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 Page 7 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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 Page 8 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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: suppose a Filipina legally married had sexual intercourse with an American at the
Ph embassy. Is there any crime committed?
Yes. The crime of adultery, but she cannot be prosecuted under Ph courts
because of the embassy rule.
Article 2
^par 1-5 of Art 2 is not an exemption to the territoriality principle, it is
EXTRATERRITORIALITY!
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 Page 9 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
^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
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 Page 10 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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: 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
^those who introduced the counterfeited items are criminally liable, even if
they were not the ones who counterfeited the obligations & securities
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 Page 11 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
^on the other hand, those who counterfeited the items are criminally liable
even if they did not introduce the counterfeit items
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.
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 Page 12 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Can the PH ambassador use immunity from suit as a defense against PH courts?
No
Q: Last instance?
Art 2, par 5
Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.
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 Page 13 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Article 3
Q: What are felonies?
Acts and omissions punishable by law are felonies (delitos).
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 Page 14 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
*An act refers to any kind of body movement that produces change in the
outside world. For example, if you have in your mind that you will rape this
beautiful lady, but you did not rape her, you will not be liable.
*Actus non facit reum, nisi mens sit rea (an act of a criminal should be
coupled by a criminal mind)
*It does not mean that if an act or omission is punished under the Revised
Penal Code, a felony is already committed. To be considered a felony, it must
also be done with dolo or culpa.
*If you do not have freedom, the act is not voluntary; the act is not a 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 Page 15 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Suppose your bf is a police officer, 1 day while you were having your date in
Luneta Park, your bf had to answer the call of nature, so he handed to you his pistol,
while you were holding it, the officers arrested you, may you be liable for illegal
possession of firearms?
No. Transient Possession not liable
Although I was in possession, although I have no license to posses, Still not
liable because I have no intent, and this is an exception to mala prohibita
Q: Suppose the police officers are running after a man, then the man throw his .45
caliber, you were around the corner and you extended your arms, then the firearm
fell on your hands, may you be liable for illegal possession?
No. Transient possession
Q: Suppose I (atty. Amurao) mortaged my firearm to you for 30 days, and on the 20 th
day, there was a raid in your house, may you be liable for illegal possession?
Yes. There is animus possendi
an act or omission
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 Page 16 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Alibi used in defense saying that the act or omission was not
done at all; intends to disprove the existence of an act or omission;
weakest defense; can easily be fabricated; eg. Vizconde case
Webbs alibi = he argued that he was in the US when the crime
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 Page 17 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
happened, therefore, he could not have killed the victims, claiming that
he is innocent
Actus non facit reum, nisi mens sit rea an act of a criminal should be
coupled by a criminal mind
Motive
- special reasons that impel the accused to act (Amurao)
- the moving power which impels one to action for a definite result (Reyes)
- not an essential element of a felony
- evidence of motive is necessary only in case of: (1) doubt in the identity of
the accused (Amurao), (2) two conflicting versions of the crime
- motive is established by the testimony of the witness
- lack of motive may be an aid in showing innocence
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 Page 18 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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.
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 Page 19 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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: 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 the student is under 18 years old, will your answer be the same?
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 Page 20 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
No. This time there is a crime. Qualified seduction or rape by grave abuse of
authority
^Urbano case
Causes which may produce a result different from that which the offender
intended, as contemplated in Art. 4 (1)
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 Page 21 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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
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
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 Page 22 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
2. When the death was caused by an infection of the wound due to the
unskilled medical treatment from the doctors:
*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.
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 Page 23 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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: 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 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.
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 Page 24 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Suppose man had sexual intercourse with married woman, but the woman
consented, crime?
Adultery
Article 5
3. in that case, the court must render the proper decision by dismissing the
case and acquitting the accused
4. the judge must then make a report to the Chief Executive through the
Secretary of Justice stating the reasons which induce him to believe that the
said act should be made the subject of penal legislation
Why dismiss? In the absence of a law that will punish the accused, the judge
cannot impose a penalty because the duty of the judge is only to interpret or
apply the law; the judge cannot reprimand or curse the accused because it would
equate to public censure; the reprimand would be inconsistent with the acquittal
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 Page 25 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
The President has the power to grant executive clemency, through pardon, parole,
commutation (reduction of sentence), reprieve or amnesty
Article 5(2) may not be invoked in cases involving acts mala prohibita
because said article only applies to acts mala in se because the ruling is based
on the phrase in the provision, takes into consideration the degree of malice
Article 6
Q: What are the stages in the commission of a felony?
Consummated a felony is consummated when all the elements
necessary for its execution and accomplishment are present
Frustrated - it is frustrated when the offender performs all the acts for
execution which would produce the felony as a consequence but,
nevertheless, do not produce it by reason of causes independent of the will of
the perpetrator
Attempted there is an attempt when the offender commences the
commission of the felony directly by overt acts and does not perform all the
acts for execution which should produce the felony by reason of some cause
or accident other than his own spontaneous desistance
(b) consummated when all the elements under the Revised Penal Code
are present
REMEMBER: in Arson
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 26 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
(b) frustrated = if only the contents of the building (eg. chairs and tables)
are burned
Q: Suppose built in cabinets, burned the clothes in the cabinet, including the
cabinet?
Consummated arson, deemed part of the bldg
Q: Supposing, the accused brought gasoline into a building, with the intent to
burn the building, but was apprehended by the security guard; did the crime of
arson commence?
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.
Theft/Robbery
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 Page 27 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
- 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
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
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
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 Page 28 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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
iii. Parricide killing a relative, i.e. spouse, parent, child, sibling, etc.
iv. Infanticide killing a child less than three (3) days old
- even without intent, the moment the victim dies, intent is presumed by
operation of law and the crime is consummated
- if the victim doesnt die but the wound inflicted is mortal, it is frustrated
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 Page 29 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
- if the there is no intent to kill, but the wound inflicted is mortal or fatal, the
crime is not either MHPI but serious physical injuries
Mortal when the wound inflicted can cause the death of the victim;
when death will follow
- for frustrated & attempted cases, it is important to determine intent to
kill
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
Illustration:
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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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 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.
NOTES BY:
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- when there is epidermal touching of the genital organs of the accused and the
victim
The difference between attempted rape and acts of lasciviousness is that with
the former, there is carnal knowledge or the intent to have sexual intercourse
is established
There is no such thing as frustrated rape; the only exception was when the SC
ruled in People v. Eria that the accused was guilty of frustrated rape. Thereafter, no
one has since been held guilty of frustrated rape.
ESTAFA
- the elements for the crime of estafa are (1) deceit, and (2) damage
- without one of the two elements, estafa would not be consummated
In US v. Dominguez, the SC ruled that the accused was guilty of frustrated estafa
because before accused could cause damage by disposing of the money that he
deceitfully took, he was apprehended by their stores supervisor, which was the
cause independent of the will of the accused.
Q: Supposing, with intent to kill, the accused fires a gun at someone but
misses, what crime is the accused liable for? Attempted homicide
Q: Supposing, using the same set of facts, but without the intent to kill, what
crime is the accused liable for?
- for pulling out the gun and pointing it = grave threat
- for firing the gun = illegal discharge of firearm (obsolete; must be
deleted)
Q: Supposing, with intent to kill, the accused fires a gun at someone, then
accused leaves thinking that the victim is already dead. The accused did not know
that he missed because the victim played dead. What crime is the accused liable
for? Attempted homicide, attempted because there was no wound, but there was
still intent to kill. What is important is that there was no wound
Q: Supposing, with intent to kill, the accused fires a gun at someone, then
accused leaves thinking that the victim is already dead. The victim is hit but it is
not fatal or mortal. What crime is the accused liable for? Still Attempted
homicide, because what is important is the extent or gravity of the wound.
(People v. Orinaga)
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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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: 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
Article 7
Q: What are light felonies?
Light felonies are infractions of law which have the punishment of
arresto menor or a fine not exceeding 200 pesos
NOTES BY:
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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
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
Q: When punishable?
Only when consummated
Q: Is this absolute?
No. If against persons or property
Q: Reason.
Article 8
Q: what is conspiracy?
NOTES BY:
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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)
Q: if established?
Collective responsibility act of one, act of all
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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: 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)
(v) Conspiracy to commit terrorism - under the Human Security Act (RA9372)
NOTES BY:
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Q: How about the use of words, remarks or language of the perpetrators, can
conspiracy still be ascertained or established? YES
Q:May there be conspiracy even if other conspirators do not know who the
other conspirators are? YES
*In People v. Manlolo, it was held that there was implied conspiracy on the part
of the accused because they were acting in concert, one performing an act, the
other doing another act, all aimed at the same object
- all of which are geared towards the attainment of the felony or crime
NOTES BY:
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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
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 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.
NOTES BY:
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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
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.
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
NOTES BY:
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Illustration:
Death
Reclusion Temporal
Prision Mayor
Prision Correccional
Suspension
Destierro
Arresto Menor
Public Censure
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
NOTES BY:
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3. Article 17 Principals; are classified into three: (1) by direct participation, (2) by
inducement, (3) by indispensable cooperation
*If the Death Penalty was not abolished, it will also be given suppletory
application
allowed.
Article 11
Q: What is a justifying circumstances?
NOTES BY:
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When all the elements of self-defense are present = the person defending
himself is free from criminal liability and civil liability
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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When only a majority of the elements are present, there is an incomplete self-
defense, but it is still necessary to have the element of unlawful aggression,
because it is the most important element
Unlawful Aggression
- an indispensable element
- a sudden unprovoked unlawful attack that exposes a persons life or
limb to actual, real, imminent danger; mere threatening, imagined or
speculative danger is not enough
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
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
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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If the evidence of the defense is not clear and convincing, conviction will be
sure, as sure the sun rises at the East
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 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, 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?
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Lecture & Recitation Notes Atty. Maximo Amurao
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
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Lecture & Recitation Notes Atty. Maximo Amurao
Defending Property
*Such a case, you are not defending your own property, but your own
person?
Defense of OWN property not OF property
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Q: Suppose hitting only the lower portion of the body, not killing the aggressor,
defense of property, may be claimed?
YES. As long as not to the extent of killing
^pag napatay mo, dapat may assault on your own person, right to life is
superior to right to property
Q: Supposing, using a knife, someone slashed your bag to get its contents, after
which you were able to wrest the knife from him, and you stabbed him, causing him
to die, can you invoke defense of property?
NO, because there was no imminent danger to your life or limb since you
already have control of the knife
Q: Supposing, you caught some people inside your house in the act of stealing your
household items, assuming you have a gun, can you use the gun and shoot at them
or even kill them?
YES (according to Prof. Amurao, you can even stage the crime scene to your
favor) because if you do not shoot them, they will surely use their weapons
against you and even try to kill you anyway. Its better to hit them first.
(Defense of home, check Reyes)
Defense of home
Without assault of person, justified? NO.
Q: In defending your car being stolen, fired at the tires, which hit a by-stander,
liable?
No. Justified for all consequences of the act relate to art 4 (par1) not
committing a felony
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 47 of 149
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Q: A and B are long standing enemies. Because of their continuous quarrel over the
boundaries of their adjoining properties, when A saw B one afternoon, he
approached the latter in a menacing manner with a bolo in his hand. When he was
about five feet away from B, B pulled out a revolver and shot A on the chest,killing
him. Is B criminally liable? What crime was committed, if any?
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Lecture & Recitation Notes Atty. Maximo Amurao
Who can determine being legitimate? the Court; the validity, legality, illegality of
the parties cannot be determined by themselves
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
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 49 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
Illustration:
parent (2nd degree)
daughter-in-law-----son daughter-----son-in-law
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 50 of 149
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Q: Supposing, your brother provoked someone and started a fight, when you came
to his aid, you did not know that it was your brother who started the fight, but when
you saw him, his enemy was on the verge of stabbing your brother, so you shot his
enemy, can you effectively and validly invoke defense of a relative?
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: Suppose the action for judicial declaration is pending, can they claim defense of
relative?
Yes. There is no judicial declaration yet.
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.
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Lecture & Recitation Notes Atty. Maximo Amurao
Defense of stranger
What are the elements?
Give an example
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
- 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
Ones 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
NOTES BY:
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Lecture & Recitation Notes Atty. Maximo Amurao
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: Prison guards escorting prisoners on the way to the court, one prisoner escaped,
despite warning shots, prisoner still ran away, guard shot the prisoner at the back
who died, liable?
No
Q: warrant of arrest, NBI to arrest criminal and bring before the RTC of Manila. When
the officers are at the house of the accused, the accused refuse to open the door,
NBI forcibly open and destroyed the doors, liable?
No.
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Lecture & Recitation Notes Atty. Maximo Amurao
When the order is not for a lawful purpose, the subordinate who obeyed it is
criminally liable
The subordinate is not liable for carrying out an illegal order of his superior if he is
not aware of the illegality of the order and he is not negligent
Q: Who can verify or confirm whether a woman suffers from Battered Woman
Syndrome?
Only a certified psychologist or psychiatrist can prove the existence of
Battered Woman Syndrome in a woman
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
- 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.
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Lecture & Recitation Notes Atty. Maximo Amurao
- 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: You break up with your gf, she was emotionally & psychologically wrecked, is this
battery?
Yes. (hayden kho case)
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
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
NOTES BY:
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Lecture & Recitation Notes Atty. Maximo Amurao
Justifying Exempting
- the act is justified and the - the act is not justified but the
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
NOTES BY:
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Lecture & Recitation Notes Atty. Maximo Amurao
Q: Supposing, a man suddenly just stabs another person, he then began to run
away because he knew he committed a crime, then as the authorities tried to catch
him, as they got closer to him, he ran even faster, can he invoke insanity as an
exempting circumstance?
NO, the fact that he was running away was an indication that he was not
deprived of intelligence because he knew he did, and by running faster to
avoid the authorities was an indication of not being totally deprived of his
freedom of will because of his intention to escape
Q: Supposing, the offender becomes insane only after the commission of the crime
or during trial, can he still invoke the exempting circumstance of insanity?
NO, because what is counted and considered in determining whether there
was insanity, is the time preceding the act or the moment of execution
Feeblemindedness not exempting because s/he can still distinguish right from
wrong; not equivalent to insanity
Somnambulism or sleepwalking must be clearly proven to be considered an
exempting circumstance under this Article; acts of the sleepwalker should not be
voluntary
Malignant malaria can cause insanity, therefore, can be considered as an
exempting circumstance under this Article
Basis for exemption complete absence of intelligence
Article 12(2 & 3) Minority (repealed by Republic Act 9344 or the Juvenile
Justice and Welfare Act)
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 Page 57 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Children falling under this Act are referred to as a child in conflict with the law;
normally minor offenders are referred to as the accused, juvenile delinquent,
prisoner, respondent, etc. but it is contemplated that these terms refer to persons
who have committed crimes; RA 9344 prohibits the use of these terms to refer to
minor offenders, only the abovementioned term can be used
For a child in conflict with the law there is a presumption of the absence or
lack of intelligence
Offenders are free from criminal liability but are still civilly liable
The legal effect of the exemption: the child shall be given to the custody of the
parent or guardian; in their absence, the custody is given to the following,
according to their order of availability:
(a) registered non-governmental organization
(b) registered religious organization
(c) member of the Barangay Council for the Protection of Children (BCPC)
(d) local office of the Dept. of Social Welfare & Development (DSWD)
(e) national office of the Dept. of Social Welfare & Development (DSWD)
General Rule for minors above 15 or below 18 years of age: exempted, because
the presumption is that they acted without intelligence
If the judgment is an acquittal, the decision shall immediately take effect without
suspension, and the decision shall be promulgated and pronounced
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 Page 58 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
If the judgment is conviction, the promulgation of the decision and the sentence
shall be suspended by the court; the minor shall be ordered to undergo
intervention, which shall have the following effects:
(a) If after the intervention, there is reform on the part of the minor, the minor
shall be returned to the court to dismiss the criminal case and dismiss the
charges against the minor
(b) If after the intervention, there is no reform, the minor shall be returned to
the court for the promulgation of the decision against the minor; then, the court
shall either decide on the sentence or extend the intervention
(iii) decriminalizes vagrancy and prostitution, punished under the RPC, when
committed by a minor 15 years old or below; the minor will not be criminally
liable
(iv) criminal records of minors above 15 or below 18 years of age are kept
confidential in order to protect the honor and reputation of the minor
(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
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 Page 59 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
(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
Status offenses when committed by a minor are punishable, but are not
punishable anymore under RA 9344
Q: What is an Accident?
Q: What are the Requisites?
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 Page 60 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Examples of exceptions
Overtaking on the left lane, hit a child who suddenly crossed the road? Yes, exempt.
If all the elements are present, the legal effect is that the accused shall incur
no criminal liability and no civil liability
If not all the elements are present, Article 67 of the RPC will apply and the
penalty prescribed is arresto mayor to prision mayor for grave felonies
There is negligence when = the accused tried to overtake another vehicle on the
right side of the road because this is a violation of traffic laws
Speeding along the road is an example of an act done without due care
Basis for exemption absence of intent
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 Page 61 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
1. that the threat which causes the fear is of an evil greater than or at least
equal to that which he is required to commit
2. that it promises an evil of such gravity and imminence that the ordinary
man would have succumbed to it
- Elements:
1. the existence of an uncontrollable fear
2. the fear must real and imminent
3. the fear of an injury is greater than or equal to that committed
All the elements must concur
Basis for exemption - absence of freedom
A typhoon causes the failure to perform the lawful act is an insuperable cause
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 Page 62 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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
Classification:
ORDINARY PRIVILEGED
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 Page 63 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Mitigating and aggravating circumstances are not applied to special penal laws
because the penalties in special penal laws cannot be divided into three periods
Q: Give an example.
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.
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 Page 64 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
- disproportion of the means employed to execute the crime and the consequences
produced; there should have been an intent at the moment
Treachery - External
Yes. Qualifying aggravating if external in nature can co-exist with praeter
intentionem which is internal. CLEAR?
Q: A intend to injure AMurao hit in the right shoulder Did not submit to medical
treatment. Amurao died.
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 Page 65 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Q: True or false: All mitigating circ. Can be appreciated in special penal laws?
No, penalties not graduated and divisible into min, med, max periods, In
general)
Except: Age
Q: What is provocation?
Provocation any unjust or improper conduct or act of the offended party
capable of exciting, inciting or initiating anyone
Q: Elements: (SOI)
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 Page 66 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Acts of lasciviousness committed against you (2pm); Borrowed knife (230 pm)
Mitigating under par. 4?
Yes.
Q: Under par. 6?
Yes.
Q: May you consider both together?
No, alternatively arising from the same facts.
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 Page 67 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
To determine whether the personal offense is grave, the ff. are considered:
- social standing of the person
Q: There are 3 mit. Circ. Present. Will you be entitled to the benefits of these MC?
No. Arose only out of 1 fact/ set of facts.
Q: 9:30 mother informed you that your sister was raped. You searched for him with
a revolver. Did not find him. Found him after 3 days.
Passion or obfuscation? No.
Provocation? No.
Vindication? Yes.
8 months, vindicating?
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?
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 Page 68 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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: 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.
4,5,6 are interrelated because they can exist in a single act but not necessarily
appreciated separately.
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 Page 69 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
- 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
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
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 Page 70 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Even after arraignment, voluntary confession can still be mitigating, when with the
consent of the public prosecutor, there is an amendment in the information = still
voluntary confession (as was held in the midterms)
Voluntary confession is usually done during arraignment
What has been admitted need not be proven by evidence; judgment can already
be rendered but both sides can still present evidence to prove aggravating or
mitigating circumstances
Arraignment charges are being read to the accused in open court in a language
known to him; if the charges are read in a language not known to him, the
arraignment or plea is void.
It is the duty of courts to read charges in a language known to him
- if there is an acquittal, the decision is final and executory and not appeallable
because of the risk of double jeopardy
- if there is a conviction, the accused has 15 days to avail of legal remedies, if not
availed after, the conviction becomes final and executory
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 Page 71 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
e.g. of P-I-A
Brgy. Chairman
City Mayor
Judge, Governor
Prosecutor, Congressman
President, Professors, Teachers
Agents
Police officers
Members of AFP
Brgy. Tanods
NBI agents
Sheriffs
Q: Supposing accused after killing neighbour just stayed in his house. When police
officers arrived, went with them voluntarily- mit? 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 Salendab
CRIMINAL LAW Page 72 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
After committing crime, accused went into hiding. He was found after several
months. Hiding place surrounded by authorities.
A case for homicide filed against accused in Batanes. Upon learning, the accused
hiding in Tawi-tawi surrendered to Brgy. Chairman of Tawi-tawi?
Yes. Place of surrender not significant. It need not be the place where the
case is filed.
Q: If surrendered to Australian Prime Minister? No, not a P-I-A or agent under the Phil
laws
Q: Requisites of VCG:
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 Page 73 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Stages
Arraignment
Pre-trial
Trial
Amend info to a lesser offense w/o protest willing to plea guilty, mitigating? Yes.
Basis for mitigation: offender does not have complete freedom of action;
diminution of freedom and voluntariness
Bald? No.
Blind? Yes.
Partial blindness? Yes.
Deaf by one ear? 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
CRIMINAL LAW Page 74 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Crippled? Yes.
Toothless? Yes!
When must the physical defect be present? At the time of the commission of the
crime.
ORDINARY MIT.
Legal effects.
Jealousy. You saw your girlfriend walking hand-in-hand with another man, you
inflicted physical injuries? Passion or obfuscation.
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 Page 75 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
3. Qualifying Those that change the nature of the crime, eg. Treachery, Evident
Premeditation, Cruelty, etc.
the penalty to the maximum - give the crime its proper and exclusive
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 Page 76 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
- 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
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
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 Page 77 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
4. his presence has not prevented the offender from committing the crime
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
- rank, age, sex have a common denominator = respect due to offended party
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 Page 78 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
- 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
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
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 Page 79 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
- the offender should act with deliberate intent to disrespect the woman
Dwelling
- a place or structure that satisfies the requirements of domestic life of a person
- if the offender and offended are both occupants of the same house, dwelling
cannot be appreciated
Supposing, the crime was committed in the garage of the house, can the
aggravating circumstance of dwelling be appreciated? YES, because the garage is
part of the dwelling
Supposing the crime was done in the roof? YES
Supposing, a child was kidnapped while at the stairs of the dwelling, there
was no ransom but the child was killed in Cavite, can the aggravating
circumstance of dwelling be appreciated? YES, because the stairs is still part of
the dwelling
Supposing, a husband kills his wife in their conjugal dwelling, can the
aggravating circumstance of dwelling be appreciated? NO
Supposing, the housemaid killed the employers child, can the aggravating
circumstance of dwelling be appreciated? NO
Supposing, the accused was on the road when he shot the victim who was at
the stairs, can dwelling be appreciated? YES
Supposing, if the victim was in the yard going to the direction of the stairs,
can the aggravating circumstance of dwelling be appreciated? NO
Supposing, the victim was about to step on the stairs? can the aggravating
circumstance of dwelling be appreciated? YES
Supposing, the employer raped their maid, can the aggravating circumstance
of dwelling be appreciated? 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 Salendab
CRIMINAL LAW Page 80 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Basis of the aggravation: Place of the commission of the crime; the sanctity of
privacy that the law provides the human abode
1.) Rank
2.) Sex
3.) Age
4.) Dwelling
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 Page 81 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Q: General has illicit relations with a wife of a Sergeant. Sergeant saw them in tight
embrace, shoots the General. Aggravating?
No. with passion and obfuscation (p/o)
Vindication of grave offense with disregard of rank? Yes they are not
inconsistent.
Age
Rank is a generic
Q: 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)
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.
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
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 Page 82 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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.
You stabbed an old man who aimed a revolver at you. Not aggravating. No sufficient
provocation.
Age is generic
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.
You stabbed an old man who aimed a revolver at you. Not aggravating. No sufficient
provocation.
Sex
Accused intended to kill husband.Saw husband and wife walking. Fired at the
husband but hit the wife. Not aggravating. No deliberate intent.
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)
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 Page 83 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Dwelling
Generic
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.
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.
- 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.
Victim inside car. Car is in carport? Yes.
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.
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 Page 84 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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.
Abuse of Confidence exists only when the offended party has trusted the
offender who later abuses such trust by committing the crime. The abuse of
confidence must be a means of facilitating the commission of the crime. The
culprit taking advantage of the offended partys belief that the former would not
abuse said confidence
- a generic aggravating circumstance = can be offset by an ordinary mitigating
circumstance; can be raised to the maximum
- qualified seduction
Requisites:
1. offender had trusted the offended
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
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 Page 85 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
there is direct relationship and trust between the nanny and the parents of the
child
Basis for aggravation: greater perversity of the ways and means employed
Obvious ungratefulness
Employer attempted against the honor of housemaid. After several day, employer
invited housemaid to farm. Raped housemaid. No.
- 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
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
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CRIMINAL LAW Page 86 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, the chef of the Chief Executive killed a janitor, can the
aggravating circumstance of palace of the Chief Executive be appreciated? YES,
the Chief Executive need not be there
Supposing, a guest shot to death FG Mike Arroyo, can the aggravating
circumstance of palace of the Chief Executive be appreciated? YES
Supposing, using the same facts above, the crime was committed in the lawn,
can the aggravating circumstance of palace of the Chief Executive be
appreciated? NO, because the lawn is not part of the palace
Supposing, using the same facts above, the crime was committed in the
presidential mansion, can the aggravating circumstance of palace of the Chief
Executive be appreciated? NO, because the mansion is not the palace
Supposing, the president personally saw the crime, can the aggravating
circumstance of in the presence of the Chief Executive be appreciated? YES
Supposing, the president, while watching television, saw the crime? can the
aggravating circumstance of palace of the Chief Executive be appreciated? NO
Supposing, on-board a helicopter, the Chief Executive saw the crime from
a distance, can the aggravating circumstance of palace of the Chief Executive be
appreciated? YES
Supposing, the offender had no knowledge that the Chief Executive was
present or near the place of the commission of the crime, can the aggravating
circumstance of palace of the Chief Executive be appreciated? NO
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 87 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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.
Generic.
If in a private chapel in your house? No. 1.) regular worship. Regular religious
worship. 2.) must be open to the public.
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 88 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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.
Nighttime
- a qualifying aggravating circumstance = cannot be offset by a mitigating;
CHANGES THE NATURE OF THE CRIME
- nighttime means: beginning at the end of dusk and ending at dawn
- it is not enough that it was nighttime
- what is especially sought for by the offender is the darkness of the night
- this circumstance is not applicable to cases involving accidents, accidental
meetings, chance encounters, or spurs of the moment
Supposing, the crime was committed inside a dark movie house at around
4pm, can the aggravating circumstance of nighttime be appreciated? NO,
because was should be especially sought for is the darkness of night, not the
darkness of the movie house when the lights were only off because it was only 4
in the afternoon
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 Page 89 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, the crime was committed inside a movie house when the lights
were still open and the time then was 9pm, can the aggravating
circumstance of nighttime be appreciated? NO, because even though it was
nighttime, the place of the commission was well-lighted when it was committed
Supposing, the crime was committed in a place where it was well-lighted by
a Meralco lightpost, can the aggravating circumstance of nighttime be
appreciated? NO
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
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 90 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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.
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.
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 Page 91 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Reason: in the midst of great calamity, instead lending aid to the afflicted, the
offender adds to the victims suffering by taking advantage of their advantage of
their misfortune to despoil
The offender must seek for the calamity as an opportunity to take advantage
or to commit the crime
Supposing, the offender saw his mortal enemy in a flood, then he killed his mortal
enemy, can the aggravating circumstance of be appreciated? NO
Basis for aggravation: time of the commission of the crime
PARAGRAPH 7
- 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
Conflagration - A stranger took your properties, what is the crime. Qualified theft.
Armed Men
- at least two (2) men; the law says men; four (4) men = band already
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 Page 92 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
PARAGRAPH 8
How many? 2
Legal effect?
Requirements:
2 4
A and 4 friends decided to kill Amurao. 4 friends all armed outside the gate. A
armed with licensed revolver. 4 friends will only help upon signal. Aggravating? Yes.
Police major celebrating bday. Invited subordinates with service firearms. A guest
stabbed another guest No
Impunity
NOTES BY:
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CRIMINAL LAW Page 93 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Qualifying
Legal effect?
e.g. first gentleman approchaed to protect you after killing somebody Yes
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
3. that both the first and the second offense are embraced in the same title of the
RPC
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 lasciviousness-crimes
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
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 94 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Conflagration
Retrieving your property. Accidentally met your mortal enemy. Stabbed him. Not
aggravating
Conflagration - A stranger took your properties, what is the crime. Qualified theft.
Recidivist define
Estafa
- Poperty
1970-2010: not embraced in the same title.
Requisites:
1. that the accused is on trial for an offense
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 95 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
2. that he previously served sentence for another offense to which the law attaches
an equal or greater penalty or for 2 or more crimes to which it attaches a lighter
penalty than that for the new offense
RECIDIVISM REITERACION
- its enough that a final judgment - its necessary that the offender shall
has been rendered for the 1st offense have served out his sentence for
- requires that both offenses be - 1st and 2nd offense must not be
embraced in the same title of the RPC embraced in same title of the RPC
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 96 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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 3 rd 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.
Less serious no
Classification generic
Legal effect?
Attempted homicide not alleged but proved during trial appreciate habituality?
Yes, generic if without objection
The price, reward or promise must be the sole motivating factor for committing
the crime; must be for the purpose of inducing another to perform a deed
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 Page 97 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
There should be two or more offenders: the one who offers, the one who accepts
it
Criminal Participation: the one who offers is a principal by inducement, the
one who accepts is a principal by direct participation
It is not necessary that the principal by direct participation receive the reward or
promise; what is important is that the reward or promise was the sole motivating
factor otherwise the crime would not have been committed
Supposing, the one who commits the crime knows of the reward or promise
already, can the aggravating circumstance of price, reward or promise be
appreciated? NO, because there was no motivation already
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.
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
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 98 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Par.12 = the acts of great waste and ruin are used by the offender as means
Requisites:
1. the time when the offender determined to commit the crime
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)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 99 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Elements: 4
Classification qualifying
Legal effects?
Error in personae
-general rule: No
Accused has a specific victim but willing to kill a person who interfered. Yes
Abberatio ictus: No
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 100 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Craft definition
It is Qualifying-legal effects
Example: A, B, C in order to kill D, told the latter they are going on camping, killed D
in the forest
Fraud
Qualifying- legal effects
Estafa-legal effect of fraud
It is inherent in the commission of estafa inherent in Art. 213
Disguise
When is there disguise?
Qualifying-legal effect
Abuse of Superior Strength depends on the age, size, and strength of the
parties; it is considered whenever there is notorious inequality of forces between
the victim and the aggressor, assessing a superiority of strength notoriously
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 101 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Treachery
When is there treachery
Qualifying and specific- crimes against person
Qualifying-change the nature of the crime
Can co-exist with voluntary confession of guilt? Yes. With voluntary surrender? Yes.
They are not inconsistent with
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 102 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
-Function of qualifying agg. Circ. Is to change the nature of the offense for which the
accused stands to be prosecuted.
-Role of privilege mitigating circ. Is to reduce the penalty by one or two degrees as
the case may be from the proper penalty imposed on the offense as qualified.
Kill neighbor
Supposing you killed your neighbor with evident premeditation and employed
means to weaken defense and used disguise and took advantage of deep flood.
How many qualifying? 4
Assuming there was treachery, how many? 5
Is it necessary for the court to consider all 5 to change the nature of the felony? No.
Treachery will suffice.
Now, what will happen to the other 4 aggravating circ? Deemed absorbed in
treachery. They can no longer be appreciated to impose penalty in the maximum.
TESTS in TREACHERY.
1. Is the attack sudden and unexpected?
NOTES BY:
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CRIMINAL LAW Page 103 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 104 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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.
Requisites
1. That at the time of the attack, the victim was not in a position to defend
himself
3. Was the mode the attack deliberately or consciously adopted by the accused to
insure execution without risk to the offender?
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 105 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
2. When the assault is not continuous, or the attack is divisible into two or
more stages, or interrupted, it is sufficient that treachery was present at
the time of the mortal blow was inflicted.
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
NOTES BY:
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CRIMINAL LAW Page 106 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 107 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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 has just awaken, still drowsy when attacked. Treachery? Yes.
Question Hour: Amurao Speaking.
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.)
Supposing, the window was used to gain entry into the house, can the
aggravating circumstance of unlawful entry be appreciated? YES
Supposing, the owners of the house commonly use the window as their
ordinary means to enter the house, then the accused entered the door, can
the aggravating circumstance of unlawful entry be appreciated? YES
NOTES BY:
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CRIMINAL LAW Page 108 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Aid of Minor
- a generic aggravating circumstance = can be offset by an ordinary mitigating
circumstance
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CRIMINAL LAW Page 109 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
- 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
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
Cruelty when the culprit enjoys and delights in making his victim suffer slowly
and gradually, causing the victim unnecessary physical pain in the consummation
of the criminal act
Requisites:
1. That the injury caused be deliberately increased by causing another wrong
2. That the other wrong be unnecessary for the execution of the purpose of the
offender
Is there cruelty when it is done against a dead body? NO, because it did not
prolong pain since the person was already dead
Is there cruelty when it is done against an unconscious person? YES
NOTES BY:
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CRIMINAL LAW Page 110 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, a dead person was found with 125 stab wounds, can the
aggravating circumstance of use of motor vehicle be appreciated? NO, because
the number of wounds is immaterial with cruelty
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
2. Intoxication
2. usurpation 4. arson
NOTES BY:
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CRIMINAL LAW Page 111 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
- if habitual
Supposing, the crime was done not in a civilized society, can the alternative
circumstance of low degree of instruction as a mitigating circumstance YES, it is a
mitigating circumstance
Supposing, the accused killed a person, can the alternative circumstance of low
degree of instruction as a mitigating circumstance be appreciated? NO, because
killing is inherently wrong
Supposing, the accused committed the crime of treason, can the alternative
circumstance of low degree of instruction as a mitigating circumstance be
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CRIMINAL LAW Page 112 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
appreciated? NO, because love for country is a natural feeling that requires no
degree of instruction
Supposing, accused committed crimes against chastity, can the alternative
circumstance of low degree of instruction as a mitigating circumstance be
appreciated? NO
Supposing, accused committed crimes against chastity, can the alternative
circumstance of low degree of instruction as a mitigating circumstance be
appreciated? NO
Supposing, accused committed the crime of murder, can the alternative
circumstance of low degree of instruction as a mitigating circumstance be
appreciated? NO
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
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
4. accessories are not liable even in crimes against persons or property
Reasons:
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 Page 113 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
1. Under the Revised Penal Code, persons act with personal malice or negligence;
artificial/judicial persons cant act with malice or negligence
2. A juridical person like a corporation cant commit a crime that requires willful
purpose or malicious intent
Article 17
ARTICLE 17 PRINCIPALS
- the following are considered principals:
3. those who cooperate in the commission of the offense by another act without
which it would not have been accomplished
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
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 Page 114 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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 Page 115 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Cooperate means to desire or wish in common a thing, but that common will or
purpose does not necessarily mean previous understanding for it can be explained
or inferred from the circumstances of each case
Requisites:
1. participation in the criminal resolution, that is, there is either anterior conspiracy
or unity of criminal purpose and intention immediately before the commission of
the crime charged
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
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 Page 116 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
- they know & agree with the - they know & agree with the
- they come to know about the - they know the criminal intention
criminal design after the conspirators because they have decided upon
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 Page 117 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
- mere instruments performing acts - they are the authors of the crime
the crime
3. that there be a relation between the acts done by the principal and those
attributed to the person charged as accomplice
Rules on Accomplices:
1. the one who had the original criminal design is the person who committed the
resulting crime (there should be a principal by direct participation)
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:
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 Page 118 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Examples of by concealing or destroying the body of the crime (or the corpus
delicti)
- assisted in the burial to prevent discovery
escape - escape
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 Page 119 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Article 20
ARTICLE 20 ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY
- those who are exempt are the following:
PENALTIES
Penalty the suffering that is inflicted by the State for the transgression of a law
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 Page 120 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
- personal - correctional
- legal
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
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
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 Page 121 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
Fines
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 Page 122 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Reclusion Perpetua
Reclusion Temporal
Correctional penalties
Prision Correccional
Arresto Mayor
Suspension
Destierro
Accessory Penalties
- Perpetual or Temporary absolute disqualification
- Suspension from public office, the right to vote and be voted for, the profession or
calling
- Civil interdiction
- Indemnification
- Payment of cost
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 Page 123 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
5. Pecuniary (fine)
7. Bond to keep the peace the period during which the bond shall be effective is
discretionary on the court
Article 30-35
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
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 Page 124 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
offenders
Article 37
ARTICLE 37 COSTS
1. Fees
2. Indemnities, in the course of judicial proceedings
Article 38
3. Fine
4. Costs of proceedings
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 Page 125 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
(reading matter)
- 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
- the law prescribes a penalty for a felony in general terms, it shall be understood as
applicable to the consummated felony
Exception when the law fixes a penalty for frustrated or attempted 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 Page 126 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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)
Compound Crime
- Requisites:
2. that the single act produces (i) 2 or more grave felonies, (ii) one or more grave &
one or more less grave felonies, (iii) 2 or more less grave felonies
The single act should produce a grave felony or a less grave felony or a
combination of both
Light felonies produced by the same single act should be treated and punished as
separate offenses or may be absorbed by the grave felony
Supposing, you shot your neighbor then the bullet hit two children; the
result was your neighbor died, two children slightly injured, the result was 1
grave and 2 light felonies, is the crime complex or separate? Separate,
because the single act should produce a grave or less grave felony only
Supposing, a single criminal act produced 1 grave felony and 10 light
felonies, is the crime complex or separate? Separate
Supposing, a single criminal act produced 1 less grave felony and several
light felonies, is the crime complex or separate? Separate
Supposing, a single criminal act produced a crime punishable by the RPC and
a crime punishable by special law, is the crime complex or separate?
Separate, considered as separate violations
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 Page 127 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, Prof. Amurao throws a grenade in class, 5 students died, is the crime
complex or separate? Complex
Supposing, using the same facts above, in addition 3 light felonies were
produced, is the crime complex or separate? Separate
Supposing, Prof. Amurao switched the machine gun to automatic and shot
at the students with one single act of pressing the trigger, producing
several injuries, is the crime complex or separate? Separate, because the what is
considered is the no. of bullets discharged (People v. Desierto)
Supposing, Prof. Amurao switched the machine gun to not automatic and
fired one bullet aimed at someone but hit 3 others producing serious
physical injuries, is the crime complex or separate? Complex
Supposing, the act of firing a machine gun produces the crimes of
attempted murder and physical injuries, is the crime complex or separate?
Separate, as held by the Court of Appeals
Supposing, two shots were fired directed against two different persons, is
the crime complex or separate? Separate
Supposing, in a notorious village, a commander ordered all his soldiers to
shoot at the residents, is the crime complex or separate? Complex, the SC
held in People v. Lawas that it was a complex crime because there was a single
offense since there was a single criminal impulse/intent/purpose
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
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
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 Page 128 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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 Page 129 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
The penalty for complex crimes is the penalty for the most serious crime,
the same to be applied in its maximum period
Two felonies in a complex crime punishable by imprisonment and fine = only the
imprisonment is imposed
Article 49
ARTICLE 49 PENALTY FOR PRINCIPALS OF CRIME COMMITTED WAS DIFFERENT FROM
WHAT WAS INTENDED
applicable only to mistake in identity
Steps
Article 50-57
ARTICLES 50-57 DEGREES TO WHICH PENALTIES SHOULD BE LOWERED (reading
matter)
Participants liability lowered by degrees
Principals 0 1 2
Accomplice 1 2 3
s
Accessorie 2 3 4
s
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 Page 130 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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
- degree of criminality
Article 61
ARTICLE 61 RULES FOR GRADUATING 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 Page 131 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
12 6 = 6 / 3 = 2
10 8 = 2 years / 3 = 8 months
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 Page 132 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
With the 3 periods of prision mayor medium now determined, the mitigating and
aggravating circumstances attendant can now be applied
Third Rule
- when three penalties are imposed in one (eg. Reclusion temporal Death)
Article 62
ARTICLE 62 - EFFECTS OF THE ATTENDANCE OF MITIGATING AND AGGRAVATING
CIRCUMSTANCES AND HABITUAL DELINQUENCY
2. should not be included in defining the crime, eg. by means of poison in the crime
of murder
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
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 Page 133 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
1. Moral attributes
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
1. Material execution
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
Habitual Delinquency
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 Page 134 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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 3 rd time or oftener. A
habitual delinquent shall suffer an additional penalty
Difference between Habitual Delinquent/Recidivist/Reiteracion
No. of
Crimes - 3rd time or oftener - 2nd time is sufficient - 2nd time is sufficient
mitigating circumstance
information
beginning conviction
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 Page 135 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
specifically alleged
2. after conviction or after serving sentence again committed within 10 years from
his release or date of first conviction, he was convicted of any of said crimes for
the 2nd time
3. after conviction or after serving sentence for the 2 nd offense again commits and
within 10 years of conviction or release for the 2 nd offense, commits a 3rd time or
oftener
Additional Penalties
1. For the 3rd time = the penalty for the last crime + Prision correctional medium to
maximum
2. For the 4th time = the penalty for the last crime + Prision mayor minimum to
medium
3. For the 5th time or more = the penalty for the last crime + Prision mayor
maximum to Reclusion temporal minimum
Total of last penalty and additional penalty = should not exceed 30 yrs.
If the court overlooked the imposition of an additional penalty for habitual
delinquency = the offender cannot be compelled to suffer the additional
penalty
In the commission of several crimes occurring on or about the same date shall be
considered only as one for purposes of habitual delinquency
In the conviction for those crimes occurring on or about the same date shall also
be considered as one
Article 63
ARTICLE 63 RULES ON INDIVISIBLE PENALTIES
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
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 Page 136 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
2. For two indivisible penalties (sub-paragraphs 1-4 are inapplicable, because there
is no death penalty, therefore theres only one indivisible penalty)
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
Article 65-67
ARTICLE 65 RULES FOR PENALTIES NOT IN THREE PERIODS
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 Page 137 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
(reading matter)
- Arresto mayor minimum to Arresto mayor medium (for less grave felonies)
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
Article 70
ARTICLE 70 SUCCESSIVE SERVICE OF SENTENCE
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 Page 138 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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 Page 139 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Example:
Supposing, accidentally you met your neighbor along the road, he challenged you
to a fight and you accepted the challenge, there was a physical fight, then you
inflicted a mortal wound that caused his death in the hospital, you were charged
with homicide, because there were no qualifying circumstances, and since there
was no mitigating and aggravating you should be sentenced to a medium
period of reclusion temporal (for homicide)
- To get Minimum term, immediately get the penalty next to Reclusion temporal,
lower by 1 degree = Prision mayor anywhere within Prision mayor, the court can
decide what period, regardless of attending circumstances
- The Maximum term, considering the absence of attending circumstances, is
Reclusion Temporal medium period
- The sentence now using the ISLAW is Prision mayor in any period as the Minimum
term, up to Reclusion temporal medium period as the Maximum term
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 Page 140 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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 Page 141 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
3. a recidivist
4. previously probationed
Duration
- not exceeding 6 years and not disqualified
- the accused may file an application for probation with the court
- the court will order an investigation through the probation officer, all the aspects
of the life of the convict
- after submission, court may deny or approve recommendation and admit the
accused to probation
- reformation
- reintegration
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 Page 142 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
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
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 Page 143 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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
if death comes before final judgment, even pecuniary liabilities are extinguished
2. Service of sentence
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
6. Prescription of penalty
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 Page 144 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
The prescriptive period shall commence to run from the discovery of the
crime and shall be interrupted only by filing a complaint or information in
court
Commences to run again when such proceedings terminate without the accused
being convicted or acquitted
The prescriptive period shall not run when the offender is absent from the
Philippines
Supposing, in 1980 the accused commits a crime, then goes into hiding, he
resurfaces 20 years later, then the government finds a witness, can they institute
a case? NO, but if the accused left for the US, YES he can be prosecuted still
The mere filing of a complaint with the following does not interrupt the
prescriptive period:
- Chief of Police - Office of the NBI
because these do not constitute the court; they are not part of the judiciary, not
part of the courts of justice
But filing with: Office of the Public Prosecutor or Office of the Ombudsman, may
interrupt the prescriptive period
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 Page 145 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
2. if he is captured
time
light felonies
- starts counting upon discovery of the - starts counting upon the escape or
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 Page 146 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
the expiration of the period does not before expiration of the period
- must be delivered and accepted; contract bet. President and the convict
5. Release on Parole
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 Page 147 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, there is a calamity, but you did not escape, will you be awarded the
1/5 deduction? NO, the law says you have to first escape
- imprisonment - fine
- prescription of liberty
- 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
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 Page 148 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
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 Page 149 of 149
Lecture & Recitation Notes Atty. Maximo Amurao
1. by payment or performance
5. by compensation
6. by novation
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