CRIMINAL LAW 1 REVIEWER
INTRODUCTION
CRIMINAL LAW
Branch or division pf public law which defines crimes, treats of their nature,
and provides for their punishment
Crime - Act committed/omitted in violation of public law forbidding or
commanding it.
Positive or negative act in violation of penal law
Offense against the state
Accused - Person formally charged in court for having violated a penal law
(Either RPC or Special Law) against a person whom an accusation is made
SOURCES OF PHILIPPINE CRIMINAL LAW
1. Revised Penal Code (Act No. 3815) and its amendments
2. Special laws
3. Presidential Decrees
4. Executive Orders
RIGHTS OF THE ACCUSED
A. Constitutional Rights
1. Right to bail except those charged with offenses punishable by reclusion
perpetua (and/or death) when evidence of guilt is strong (SEC 13, ART 3)
2. To be presumed innocent until the contrary is proved, to be heard by himself
and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy impartial and public trial, to meet the
witnesses face to face, and the right to compulsory process to secure
attendance of witnesses, and production of evidence. (SEC 14, ART 3)
3. Not to be compelled to be a witness against himself. (SEC 17, ART 3)
4. Right against excessive fines or cruel, degrading or inhuman punishment.
(SEC 19, ART 3)
5. Right not to be put twice in jeopardy of punishment for the same offense.
(SEC 2, ART 3)
B. Statutory Rights (SEC 115, Rules of Court)
1. To be presumed innocent until the contrary is proved beyond reasonable
doubt.
2. To be informed of the nature and cause of accusation against him.
3. To be present and defend in person and by counsel at every stage of the
proceedings; to defend himself in person when it sufficiently appears to the
court that he can protect his rights without the assistance of counsel.
4. To testify as a witness in his own behalf.
5. To be exempt from being compelled to be a witness against himself.
6. To confront and cross-examine the witnesses against him.
7. To have a compulsory process issued to secure the attendance of witnesses
and production of other evidence in his behalf.
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8. To have a speedy, impartial, and public trial, and
9. To have the right to appeal in all cases allowed and in the manner prescribed
by law.
note: Right to appeal is not a constitutional right. Congress may therefore pass a
law eliminating or taking away this right.
MAIN CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW
1. General - Binding on all persons who live or sojourn in the Philippines.
Exceptions:
A. Principles of Public International Law
Sovereigns & other chiefs of state, Ambassadors, Ministers
plenipotentiary, Minister residents, and charges daffaires,
even if residing/sojourning in the Philippines, and committing
crimes herein are not subject to our penal laws
B. Treaties or Treaty Stipulations
Persons who are exempted from the operation or application
of our criminal laws under the provisions of treaties entered
into by the Philippines with another country
C. Laws of Preferential Application
[SEC 11, ART 6, Constitution] No member shall be
questioned nor be held liable in any other place for any
speech or debate in Congress or in any committee thereof.
2. Territorial - Our criminal law punishes crimes committed only within
Philippine territory.
Exceptions: Refer to ART 2 of RPC
3. Prospective - Penal law cannot make an act punishable when it was not
punishable when committed.
Crimes are punished under the laws in force at the time they were
perpetrated
Exception: If the law specifically provides for a retroactive effect (ART 22)
INTERPRETATION IN CASE OF DOUBT
In case of doubt, the penal law must be interpreted liberally in favor of the
accused and strictly against the state
However, when the law speaks in clear and categorical language, there is no
room for interpretation, vacillation, or equivocation - There is only room for
application
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CHAPTER 1: FELONIES
MALA IN SE & MALA PROHIBITA DISTINGUISHED
ART 3. Definition - Acts or omissions punishable by law are felonies (delitos). MALA IN SE MALA PROHIBITA
A felony is committed not only by means of deceit (dolo), but also by means of
fault (culpa). Crimes which are wrong from their Wrong for being prohibited by law
There is deceit when the act is performed with deliberate intent, and there is nature (e.g. Murder, Theft, Rape, etc.) (e.g. Illegal possession of firearm,
fault when the wrongful act results from imprudence, negligence, lack of violation of the Omnibus Election Law)
foresight, or lack of skill. Crimes so serious in their effects on Violations of mere rules of
society as to call for the almost convenience designed to secure a
Felonies - Acts or omissions punishable by law unanimous condemnation of its more orderly regulation of the affairs
Only those punishable by this code; does not cover crimes punishable by members of society
special laws
Acts that are inherently immoral By itself, not necessarly inherently evil
Positive act
e.g. Killing a person - Homicide/Murder, Unlawfully taking personal There must be malice or criminal Good faith is not a defense
property - Theft/Robbery, intent before one can be held liable
Omission/failure to perform an act - Illegal Exaction,
It must be punishable by laws
Nullum Crimen Nulla Poena - There is no crime where there is no Mala In Se: [People v. Sunico] Election inspectors and poll clerks who were
law punishing it. tasked to transfer the names of excess voters in 1 precinct to a newly created
one. Because of pressures of work and fatigue, omitted some names who were
FELONIES ACCORDING TO MANNER/MODE OF EXECUTION therefore not allowed to vote. Charged with violation of the Election Code, they
1. Intentional Felonies - Committed by means of deceit or malice (e.g. Murder, relied on good faith as a defense. CA acquitted them ruling that the failure/
Estafa) omission to include voters names in the registry is not only wrong because it is
2. Culpable Felonies - Where the wrongful act results from imprudence, prohibited but because it disenfranchises a voter and violates his constitutional
negligence, lack of foresight, or lack of skill (e.g. Homicide thru reckless right. The election inspectors must have acted willfully and maliciously to be held
imprudence, Reckless imprudence resulting to homicide) liable.
3. Mala Prohibita* - A 3rd class can be grouped with the 2; Those defined and
penalized by special laws, including those punished by city or municipal
ordinances
Intent to commit the crime is not necessary. It is sufficient that the ART 4. Criminal Liability. - Criminal liability shall be incurred:
offender has the intent to perpetrate the act prohibited by the special 1. By any person committing a felony, although the wrongful act done be
law different from that which he intended.
The act alone, irrespective of the motives, constitutes the offense. 2. By any person performing an act which would be an offense against
Good faith is not a defense persons or property, were it not for the inherent impossibility of its
accomplishment or on account of the employment of ineffective or
ineffectual means.
Criminal liability shall also be incurred by should be the opening sentence
ART 4 does not mean to exclude offenders who are liable even if they do not
fall under any of the situations spoken of in the said article
Thus, a person who committed a crime which he really intended is no doubt
liable for that offense
E.g. A was held liable for intending to kill and shooting his father.

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INCURRENCE OF CRIMINAL LIABILITY B. The act was done with evil intent
1. [PAR 1] Person commits a felony but the consequence was not the one C. Its accomplishment is inherently impossible or that the means
he had intended employed is either inadequate or ineffectual
He must be perpetrating or committing an offense
Example: A, who jumped out of a 4-story building intending to kill
LEGAL IMPOSSIBILITY PHYSICAL IMPOSSIBILITY
himself, fell on another person who was killed. - He is not criminally
liable for Intentional Homicide because he was not committing a X stole the ring which Y inadvertently [Intod v. C] A, B, C, D, & E, all armed,
felony at that time since committing suicide is not a felony. left on his desk. It turned out that the proceeded to the room X used to
Felony committed must be the proximate cause of the resulting injury said ring was the one X lost 2 days occupy and fired at the said room.
Proximate Cause - That cause, which, in natural and continuous ago. Nobody was hit as no one was inside.
sequence, unbroken by any efficient intervening cause, produces the This is a case of Impossible Crime to
injury, and without which the result would not have occurred Commit Murder
There must be no efficient intervening cause
A saw a beautiful lady lying down
3 Scenarios: already dead, but thinking she was
A. Error in Personae (Mistake in the Identity of the Victim) only sleeping, undressed and had sex
[People v. Oanis, et al.] 2 peace officers, ordered to arrest an with her. This is an Impossible Crime
escaped notorious convict at his home, fired at a man sleeping with to Commit Rape considering that
his back towards the door who turned out to be a different man. SC under RA 8353, the crime of rape has
ruled that they were guilty of murder as they fired on the sleeping been reclassified as an offense
man without making any inquiry and believing him to be the notorious against persons and no longer a crime
escapee. The wrongful intent was to hit/kill the escapee, but the against chastity.
wrongful act was killing the other man.
B. Abberatio Ictus (Mistake in the Blow) Ineffectual Means - Giving a person a
X, intending to kill Y, fired at him superficially and killed Z, his own drink mixed with sugar, thinking it was
father. X was criminally liable for Attempted Homicide with Parricide. poison
Wrongful intent was to kill Y but the wrongful act done was the killing
of his own father which he never intended. Inadequate Means - If it were really
[People v. Guillen] A threw a hand grenade at the President but poison, the quantity is not sufficient to
killed B and injured several others. A was guilty of Murder with kill
Assault and Multiple Attempted Murder. - The intended victim should not
C. Praeter Intentionem (Injurious result is greater than that suffer any injury, otherwise the
intended) crime could be attempted/
A slapped his wife. Her head hit a hard pavement, killing her. A was frustrated homicide/murder
liable for Parricide. Wrongful intent was to cause injury but the
wrongful act done was greater, the killing of the spouse.
[US v. Marasigan] A, in attacking B with a knife, injured Bs hand and
severed the extensor tendon in one of his fingers. A was criminally
liable. The fact that the finger could be restored by surgery was
immaterial and the victim was not obliged to do so to relieve the
accused of the natural and ordinary results of his crime.

2. [PAR 2] Impossible Crimes

Requisites:
A. The act performed would be an offense against persons or property
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ART 5. Duty of the court in connection with acts which should be repressed but
which are not covered by the law, and in cases of excessive penalties.-
Whenever a court has knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall render the proper decision
and report to the Chief Executive, though the Department of Justice, the
reasons which induce the court to believe that said act should be made the
subject of penal legislation.
In the same way, the court shall submit to the Chief Executive, through the
Department of Justice, such statement as may be deemed proper, without
suspending the execution of the sentence, when a strict enforcement of the
provisions of this Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and injury caused by the
offense.
Common Law Crimes do not exist in the Philippines, as ART 5 (Par 1)
provides
B.P. Blg. 22 is a product of this article
DUTY OF THE COURT WHEN PENALTY IS EXCESSIVE
Courts are not concerned with wisdom, efficacy, or morality of laws
Example: Daughter killed her father while he was sleeping because he had
raped and impregnated her. Daughter should be punished with death under
Parricide which is punishable by reclusion perpetua to death, and there is an
aggravating circumstance of treachery. The ordinary mitigating circumstance
of vindication of a grave offense, or passion or obfuscation will not affect the
penalty as it is an indivisible penalty under Art. 63. However,the Judge may
write the President for the granting of Executive Clemency on account of the
circumstances of the case.
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ART 6. Consummated, Frustrated, and Attempted Felonies. - Consummated
felonies, as well as those which are frustrated and attempted are punishable.
A felony is consummated when all the elements necessary for its execution
and accomplishment are present; and it is frustrated when the offender
performs all the acts necessary for its execution which would produce the
felony as a consequence but which, nevertheless do not produce it by reason
of causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony
directly by overt acts, and does not perform all the acts of execution which
should produce the felony by reason of some cause or accident other than his
own spontaneous desistance.
FELONIES ACCORDING TO STATE OF EXECUTION
1. Consummated - All the elements are present
Example: A, intending to kill B, shoots B to death. The crime is
consummated Homicide or Murder.
2. Frustrated - Performs all the acts, but do not produce the felony by some
reason
Example: A hit B on a vital portion of the body that could cause the
death of B, were it not for timely medical attention. Frustrated
Homicide or Frustrated Murder.
3. Attempted
Example: A shot B but missed/hit only a superficial part of his body
which could not cause Bs death. Attempted Homicide or Attempted
Murder.
A poked a gun at B and squeezed the trigger, but it jammed and no
bullet was fired.
DETERMINING STAGE OF EXECUTION - Consider the following:
1. Nature of the crime
2. Elements constituting the offense
3. Manner of committing the same
MANNER OF COMMITTING CRIMES
Material Crimes - 3 Stages of Execution
Formal Crimes - Offenses which are consummated in one instant & the act
cannot be split into parts to be categorized as attempted or frustrated
Crimes that are Consummated by mere attempt, proposal or overt acts
- E.g. Flight to Enemys Country (Consummated by mere attempt), Abuses
Against Chastity (Consummated by mere solicitation/proposal)
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CONSUMMATED FRUSTRATED ATTEMPTED ART 7. When light felonies are punishable. - Light felonies are punishable only
when they have been consummated, with the exception of those committed
Arson Not necessary Rags and jute Offender was against persons or property.
that the building sacks soaked in apprehended as
was entirely gasoline and he was about to LIGHT FELONIES
consumed; Not placed near the set a building on Only the principals and accomplices are liable
affected by the building were put fire, before any E.g. A attempted to fire/discharge his gun in a town/public place. He
prompt extinction on fire before any portion got burned is not criminally liable even if his act falls under ART 155 (Alarms &
of the fire. part of the Scandals in its Attempted Stage). This light felony is a crime against
building caught public order.
fire. Policeman assisted in the escape of a person who slightly injured
another (Slight Physical Injuries). Policeman is not liable.
Theft Once offender NO SUCH CRIME Before offender
takes hold of the takes hold of the
personal property personal property ART 8. Conspiracy and Proposal to commit felony - Conspiracy and proposal
with intent to gain with intent to gain. to commit felony are punishable only in the cases in which the law specifically
provides a penalty therefor.
Estafa Damage to the No damage to the
offended party as owner yet due to A conspiracy exists when 2 or more persons come to an agreement
one of the the timely concerning the commission of a felony and decide to commit it.
elements discovery (e.g. There is proposal when the person who has decided to commit a felony
Proceeds of a proposes its execution to some other person or persons.
sale of a
CONSPIRACY & PROPOSAL TO COMMIT FELONY
salesman failed to
Generally not crimes. As such, they are not punishable. (e.g. While
turn over to the
conspiracy to commit murder was apparent, the conspirators were not held
cashier were
criminally liable as there is no law punishing such)
found in his
Unless there is a law that punishes Conspiracy/Proposal, the
pocket)
proponents are not liable
Robbery with Entered into the Apprehended Caught in the act Conspiracy may be evidenced by written agreement among the
Force Upon house, removed before he could of removing the conspirators, verbal covenant, or inferred from the conduct of the accused
Things the property he get out of the property before, during, and after the commission of the crime.
intended to steal, house It need not be proved by direct evidence of prior agreement as it can
and brought it out be inferred from the conduct of the accused showing that all the
of the house accused acted in unison with each other, evincing a common purpose
or design
Rape Entry on the labia NO SUCH CRIME No penetration, To constitute Proposal, the person himself must be determined to commit
by the penis, even although the the crime. (E.g. Mere airing of grievances against the government and
without rupture of endeavor to have suggestions on how to fight the authorities do not constitute Proposal to
the hymen/ sex was apparent Commit Rebellion)
laceration of the Acts that are punishable:
vagina Conspiracy & Proposal to commit Treason (ART 115)
Conspiracy & Proposal to commit Coup detat (SEC 5, RA 6968)
Conspiracy to commit Rebellion (ART 136)
Conspiracy (Not proposal) to commit Sedition (ART 141)
Conspiracy (Not proposal) to commit Arson (SEC 8, PD 1613)
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ART 9. Grave, Less Grave, and Light Felonies - Grave felonies are those to
which the law attache the capital punishment or penalties in which in their
maximum periods are afflictive, in accordance with ART 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in
their maximum period are correctional, in accordance with the above-
mentioned provision.

Light felonies are those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding 200 pesos, or both, is
provided.
FELONIES ACCORDING TO GRAVITY
1. Grave - Capital punishment or penalties which are afflictive (ART 25)
Example: Rape, Parricide
2. Less Grave - Maximum period are correctional
Example: Attempted Homicide, Illegal Discharge of Firearm
3. Light - Arresto menor, or fine not exceeding P200, or both
Example: Slight Physical Injuries, Alarm and Scandal (ART 155)

ART 10. Offenses not covered by the provision of this Code - Offenses which
are or in the future may be punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to such laws,
unless the latter should specially provide the contrary.
SPECIAL LAWS
In case of conflict between the provisions of the Special Laws and those of
the Revised Penal Code, Special Laws shall prevail
Provisions of the RPC shall be supplementary to special laws whenever
applicable

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CHAPTER 2: CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
ART 11. Justifying Circumstances
The following do not incur criminal liability:
1. Anyone who acts in defense of his person or rights provided that the
following circumstances concur:
a. Unlawful Aggression;
b. Reasonable Necessity of the Means Employed to prevent or repel it;
c. Lack of Sufficient Provocation on the person defending himself,
2. Anyone who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural, adopted brothers or
sisters, or relatives by affinity within the same civil degree, or those by
consanguinity within the 4th civil degree, provided that the the 1st and 2nd
requisites prescribed in the next preceding circumstance are present, and
the further requisite, in case the provocation was given by the person
attacked, that the one making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided,
that the 1st and 2nd requisite in the 1st circumstance of this article are
present and that the person defending himself be not induced by revenge,
resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does an act which
causes damage to another, provided that the following requisites are
present:
a. That the evil sought to be avoided actually exists;
b. That the injury feared be greater than that done to avoid it;
c. That there be no other practical or less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a
right or office.
6. Any person who acts in obedience to an order issued by a superior for
some lawful purpose.
*** NOTE: For ART 11-14, Refer to separate table ***
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ART 12. Circumstances which exempt from criminal liability - The following are
exempt from criminal liability.
1. An imbecile or insane person, unless the latter acted during a lucid
interval.
When the imbecile or an insane person has committed an act which the law
defines as a felony, the court shall order his confinement in one of the
hospitals or asylums established for persons thus afflicted, which he shall not
be permitted to leave without first obtaining the permission of the same court.
2. A person under 15 years of age.*
3. A person over 15 years of age and under 18, unless he has acted with
discernment, in which case, such minor shall be proceeded against in
accordance with the provisions of ART 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in
conformity with the provisions of this and the preceding paragraph, shall
commit him to the care and custody of his family who shall be charged with his
surveillance and education; otherwise, he shall be committed to the care of
some institution or person mentioned in said ART 80.*
4. Any person who, while performing a lawful act with due care, causes an
injury by mere accident without fault or intention of causing it.
5. Any person who acts under the compulsion of an irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an
equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by
some lawful or inseparable cause.
EXEMPTING CIRCUMSTANCES
Although a crime was committed, by reasons of public policy, no penal
liability shall be inflicted on the offender
Absolutory Clause (5) - Actors are granted freedom from charge/immunity from
burden for reasons of public policy & sentiment even if their acts constitute a
crime. They are:
1. Accessories with respect to spouses, ascendants, descendants, brothers and
sisters or relatives by affinity within the same degrees except those falling
under ART 9, Par 1.
2. Spouse or parents who inflicted less serious or slight physical injuries on his/
her spouse or their daughters living with them, whom they surprised in the
act of sexual intercourse with another.
3. Any person who entered anothers dwelling to prevent serious harm to
himself, the occupants of the dwelling, or a third person; rendered some
service to humanity or justice; entered cafes, taverns, inns, and other public
houses while the same were open.
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4. In case of theft, swindling/estafa, or malicious mischief committed or caused
mutually by spouses, ascendants and descendants or relatives by affinity
within the same line, and brothers and sisters and brothers- and sisters-in-
law if living together.
5. Instigation, where the actor otherwise innocent, was induced by a public
officer to commit the crime such that the latter himself becomes a principal by
inducement or by indispensable cooperation.

Note: Entrapment where ways and means are resorted to by authorities to trap
and capture a law-breaker in the execution of his criminal activities, is not an
absolutory cause

CHAPTER 3: MITIGATING CIRCUMSTANCES

Mitigating Circumstances - Do not entirely free the actor from penal

ART 13. Mitigating Circumstances - The following are mitigating responsibility but serve only to lessen or reduce the penalty imposable
circumstances: Ordinary Mitigating - Can be offset by aggravating circumstances, and
1. Those mentioned in the preceding chapter, when all the requisites which if present, tends to reduce the penalty
necessary to justify the act or exempt from criminal liability in the Privileged Mitigating - Cannot be offset by any aggravating circumstance,
respective cases are not attendant; and which if present, tends to reduce the penalty by degrees
2. That the offender is under 18 years of age or over 70. In the case of the
minor, he shall be proceeded against in accordance with the provisions of
ART 80;
3. That the offender had no intent to commit so grave a wrong as that
committed;
4. That sufficient provocation on the part of the offended party immediately
proceeded the act.
5. That the act was committed in the immediate vindication of a grave offense
against the one committing the felony, his spouse, ascendants,
descendants, legitimate, illegitimate, adopted brothers or sisters, or
relatives by affinity within the same degree;
6. That of having acted on an impulse so powerful as naturally to have
produced passion or obfuscation;
7. That the offender had voluntarily surrendered himself to a person of
authority or his agents, or that he had voluntarily confessed his guilt before
the court prior to the presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind, or otherwise suffering from
some physical defect which thus restricts his means of action, defense, or
communication with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-
power of the offender without however depriving him of consciousness of
his acts.
10. And, finally, any other circumstances of a similar nature and analogous to
those above-mentioned.

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CHAPTER 4: CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY AGGRAVATING CIRCUMSTANCES
Those, which if present in the commission of the crime, serve to increase the
ART 14. Aggravating Circumstances - The following are aggravating circumstances:
penalty imposable, without however exceeding the maximum period
1. That advantage be taken by the offender of his public position. prescribed for the offense.
2. That the crime be committed in contempt of or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due the offended KINDS OF AGGRAVATING CIRCUMSTANCES
party on account of his rank, age, or sex, or that it be committed in the dwelling of the
offended party, if the latter has not given provocation. KINDS OF AGGRAVATING CIRCUMSTANCES
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive or in his presence, or A. Speficic Apply only to some particular crimes
where public authorities are engaged in the discharge of their duties, or in a place
dedicated to religious worship. B. Generic Those which generally, can be applied to all offenses
6. That the crime be committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense. C. Inherent Those which necessarily accompany or inhere in the
Whenever more than three armed malefactors shall have acted together in the commission of the crime (Evident remediation in theft or
commission of an offense, it shall be deemed to have been committed by a band.
robbery)
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford
D. Qualifying Those which if attendant, alter or change the nature of
impunity. the crime necessarily increasing the penalty (Poison
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of this Code. AGGRAVATING CIRCUMSTANCES NOT PROVIDED UNDER RPC
10. That the offender has been previously punished by an offense to which the law attaches 1. Under the Influence of Dangerous Drugs (SEC 17, B.P. Blg. 179)
an equal or greater penalty or for two or more crimes to which it attaches a lighter The crime is aggravated if the evidence is clear that the accused perpetrated
penalty. the act while under the influence of illegal drugs.
11. That the crime be committed in consideration of a price, reward, or promise.
But the Court must be wary and critical of indirect evidence in the absence of
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of
a vessel or international damage thereto, derailment of a locomotive, or by the use of competent medical or other direct evidence of ingestion of a dangerous drug.
any other artifice involving great waste and ruin.
13. That the act be committed with evidence premeditation. 2. Use of Unlicensed Firearm (PD 1866, as amended by SEC 1, RA 8294)
14. That the craft, fraud or disguise be employed. The crime is aggravated if an unlicensed firearm was used in committing
15. That advantage be taken of superior strength, or means be employed to weaken the
homicide or murder.
defense.
16. That the act be committed with treachery (alevosia). In any crime under the RPC or special laws with the use of explosives such
There is treachery when the offender commits any of the crimes against the person, as a pillbox, Molotov cocktail bomb, detonating agents, or incendiary devices
employing means, methods, or forms in the execution thereof which tend directly and resulting in the death of a person, there is an aggravating circumstance.
specially to insure its execution, without risk to himself arising from the defense which
the offended party might make.
3. Organized/Syndicated Crime Group (SEC 23, RA 7659)
17. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act. Maximum penalty shall be imposed if the offense was committed by any
18. That the crime be committed after an unlawful entry. person who belongs to an organized/syndicated crime group
There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or Organized/Syndicated Crime Group - Group of 2 or more persons
window be broken. collaborating, confederating, or mutually helping one another for purposes of
19. That as a means to the commission of the crime, a wall, roof, floor, or window be broken.
gain in the commission of any crime
20. That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, motorized watercraft, airships, or other similar means. (As
amended by RA 5438).
21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions.

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CRIMINAL LAW 1 REVIEWER
CHAPTER 2: CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
ART 11. JUSTIFYING CIRCUMSTANCES - The following shall be exempt from criminal liability:
1. Anyone who acts in defense of
his person or rights provided that
the following circumstances
concur:
a. Unlawful Aggression;
b. Reasonable Necessity of the
Means Employed to prevent or
repel it;
c. Lack of Sufficient Provocation
on the person defending
himself,
Villafuerte. 1C. 2019. Judge Sandoval
SELF DEFENSE
Includes defense of honor and defense of home as defense of property
3 Requisites:
1. Unlawful Aggression on the part of the injured/victim - An assault or attack, or a threat in an imminent and immediate
manner which places the defendants life in actual peril
Indispensable requisite, even in incomplete self-defense (People v. Deopante)
There must be an actual, sudden, & unexpected assault/threat. In case of threat, it must be imminent &
positively strong to palpably show the wrongful intent to cause injury
Mere intimidating attitude is not sufficient
Aggression must not be a lawful one (e.g. Attack of a husband against a paramour of his wife whom he
surprised in an uncompromising situation, Chief of police throwing stones at the accused who was running
away to elude arrest)
When the author does not persist anymore in his purpose or discontinues his attitude to the extent that the
object of his attack is no longer in peril, Unlawful Aggression ceases
2. Reasonable Necessity of the Means Employed to prevent or repel it
There must be a reasonable necessity of the course of action taken and of the means used.
Means employed must be rationally necessary to prevent or repel an unlawful aggression.
The law requires rational equivalence (Principal Factors)
Emergency
Imminent danger exposed to
Instinct more than the reason that impels the defense
W/N the means employed is reasonable or not depends upon:
the nature & quality of the weapon used by the aggressor
His physical condition, character and size
Place & occasion of the assault
Self-defense and accidental shooting cannot both be raised by the accused as a defense
If acting in self-defense, accused could only have used the gun to repel the alleged aggression
If accidental, employing reasonable means to repel is immaterial
3. Lack of Sufficient Provocation on the part of the person defending himself
Situations:
Total Lack of Provocation - He was attacked without any reason at all
Insufficient Provocation - Accused gave provocation but is not sufficient for the offending party to assault
him
Sufficient Provocation but not Immediate to the act
Sufficient Provocation given by his companion, of which he had no part
Principle of Battered-Woman Syndrome - Cannot be considered a form of self-defense. It would only mitigate
the accuseds liability.
Amended by SEC 26, RA 9262 - Victim-survivors of BWS do not incur any criminal & civil liabilities
despite the absence of the elements of self-defense
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ART 11. JUSTIFYING CIRCUMSTANCES - The following shall be exempt from criminal liability:
2. Anyone who acts in defense of the
person or rights of his spouse,
ascendants, descendants, or
legitimate, natural, adopted
brothers or sisters, or relatives by
affinity within the same civil
degree, or those by consanguinity
within the 4th civil degree,
provided that the the 1st and 2nd
requisites prescribed in the next
preceding circumstance are
present, and the further requisite,
in case the provocation was given
by the person attacked, that the
one making defense had no part
therein.
3. Anyone who acts in defense of the DEFENSE OF STRANGER
person or rights of a stranger,
provided, that the 1st and 2nd
requisite in the 1st circumstance
of this article are present and that
the person defending himself be
not induced by revenge,
resentment, or other evil motive.
4. Any person who, in order to avoid
an evil or injury, does an act
which causes damage to another,
provided that the following
requisites are present:
a. That the evil sought to be
avoided actually exists;
b. That the injury feared be
greater than that done to
avoid it;
c. That there be no other
practical or less harmful
means of preventing it.
Villafuerte. 1C. 2019. Judge Sandoval
DEFENSE OF RELATIVES - The law speaks only of:
Spouses
Ascendants Parents, grandparents, great grandparents, etc.
Descendants Children, grandchildren, great grandchildren, etc.
Brothers & Sisters
Relatives by affinity in the same degrees Parents-in-law, children-in-law, and brothers- or sisters-in-law.
Note: Outside of which, persons are considered as strangers in criminal law.
3 Requisites:
1. Unlawful Aggression
2. Reasonable Necessity of the Means Employed to prevent or repel it
3. That the relative being defended gave no provocation
Leeway: Relative gave provocation but the one making the defense had no part therein. He can successfully
invoke defense of relative.
3 Requisites:
1. Unlawful Aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. Person defending be not induced by revenge, resentment or other evil motive.
[US v. Subingsubing] An old man, seeing his 78 year-old neighbor held down by a strong and robust young man in
danger of being killed, provided the neighbor with a gaff which the neighbor used to inflict a mortal wound on the young
man. He is entitled to the claim of defense of strangers.
AVOIDANCE OF GREATER EVIL OR INJURY
3 Requisites:
1. That the evil sought to be avoided actually exists
2. That the injury feared be greater than that done to avoid it
3. That there be no other practical and less harmful means of preventing it
Examples:
Ship captain who ordered the throwing out of cargoes against the will of the owners in order to prevent the ship from
sinking and to save the passengers, may invoke this defense.
Doctor who had to kill a fetus to save the mother as he was running out of time and both could not be saved, may
invoke this defense.
Euthanasia, or mercy-killing, is not justified in our jurisdiction and cannot invoke this defense.
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ART 11. JUSTIFYING CIRCUMSTANCES - The following shall be exempt from criminal liability:

5. Any person who acts in the
fulfillment of a duty or in the
lawful exercise of a right or office.
FULFILLMENT OF DUTY OR EXERCISE OF RIGHT OR OFFICE
2 Requisites:
1. Offender acted in the performance of a duty or in the lawful exercise of a right
2. Injury/offense committed be the necessary consequence of the due performance of such right or office
Policeman killed an escaping prisoner after firing a warning shot, shouting at the prisoner not to continue with his
escape, and even attacking him with a spear; Lawful fulfillment of a duty
A caused B to fall from the jeep and die after hitting B with his fist for trying to snatch his watch; Lawful exercise of a
right.

6. Any person who acts in obedience OBEDIENCE TO AN ORDER OF A SUPERIOR

to an order issued by a superior Needs an order issued by a superior officer for a lawful purpose and the latter obeyed the order
for some lawful purpose. Examples:
An officer who, after being issued an order of arrest by his superior, had to kill men because they resisted arrest, may
invoke this defense.
However, the order of a guerrilla officer for the killing of a civilian is not lawful.

Villafuerte. 1C. 2019. Judge Sandoval 3

CRIMINAL LAW 1 REVIEWER
ART 12. Circumstances which exempt from criminal liability - The following are exempt from criminal liability:

1. An imbecile or insane person, unless
the latter acted during a lucid interval.INSANITY - Unsound mind or suffering from mental disorder
When the imbecile or an insane
person has committed an act which
the law defines as a felony, the court
shall order his confinement in one of
the hospitals or asylums established
for persons thus afflicted, which he
shall not be permitted to leave without
first obtaining the permission of the
same court.
IMBECILE & INSANE PERSON, UNLESS THE LATTER HAS ACTED DURING A LUDIC INTERVAL
According to Law: Exists when there is a complete deprivation of intelligence in committing the act
Mere abnormality of the mental faculties will not exclude imputability
Accused must be so insane as to be incapable of entertaining a criminal intent
He must be deprived of reason and act without the least discernment because there is a complete absence of the
power to discern or a total deprivation of the freedom of the will
Burden of Proof: Presumption is always in favor of sanity. Hence, he who invokes insanity as an exempting
circumstance must prove it by clear and positive evidence
Insane during trial? NOT EXEMPT - He must prove that he was insane during the commission of the crime
(Testimony of doctor)
Lucid Intervals? YES

IMBECILITY - Feeble-mindedness or mental condition approaching that of one who is insane

According to Law: One completely deprived of reason/discernment & freedom of will at the time of committing the crime
Analogous to childishness and dotage
While advanced in age, he has a mental development of children between 2 and 7 years of age
Lucid Intervals? NO

2. A person under 15 years of age.*
3. A person over 15 years of age and
under 18, unless he has acted with
discernment, in which case, such
minor shall be proceeded against in
accordance with the provisions of
ART 80 of this Code.
Note: Any deprivation of reason or discernment at the time of the trial of the case is not an exempting circumstance
15 YEARS OF AGE & BELOW
Amended by RA 9344 - Changed 9 to 15
A person below 15 years of age, even if acting with discernment, is free from penal responsibility
OVER 15 AND UNDER 18, UNLESS ACTING WITH DISCERNMENT
Amended by RA 9344: Changed 9-15 to 15-18
Acted with Discernment - Accused knows the morality of his acts, or can fully appreciate the consequences of his
actuation
Can be shown by the manner the crime was committed or his conduct after its commission

When such minor is adjudged to be

criminally irresponsible, the court, in
conformity with the provisions of this
and the preceding paragraph, shall
commit him to the care and custody of
his family who shall be charged with
his surveillance and education;
otherwise, he shall be committed to
the care of some institution or person
mentioned in said ART 80.*

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CRIMINAL LAW 1 REVIEWER
ART 12. Circumstances which exempt from criminal liability - The following are exempt from criminal liability:
4. Any person who, while performing a
lawful act with due care, causes an
injury by mere accident without fault
or intention of causing it.
5. Any person who acts under the
compulsion of an irresistible force.
6. Any person who acts under the
impulse of an uncontrollable fear of
an equal or greater injury.
7. Any person who fails to perform an
act required by law, when prevented
by some lawful or insuperable cause.
Villafuerte. 1C. 2019. Judge Sandoval
CAUSES INJURY WHILE PERFORMING A LAWFUL ACT WITH DUE
Examples:
Duly licensed man, driving in the proper lane and within the limits prescribed by law, hit a boy who suddenly darted into
the street. He is exempt from criminal liability due to accident.
Policeman, seeing A (armed) and B (unarmed) rob a store, killed A, B, and the store owner, C in the exchange of shots.
In killing A (armed), he is not liable due to self-defense (justifying)
In killing B (unarmed), he is not liable due to the performance of his duty (justifying)
In killing C, he is not liable due to accident (exempting)
COMPULSION OF AN IRRESISTIBLE FORCE
Cause of Action: Physical Force
Example:
A was compelled to bury a murdered body by the killers by being stricken with the butts of their guns and threatened with
death. He is not criminally liable as an accessory.
IMPULSE OF AN UNCONTROLLABLE FEAR OF AN EQUAL OR GREATER INJURY
Cause of Action: Threat of an equal or greater injury
Example:
B, being threatened with death and ordered to kill a sleeping man with a knife, was exempted from liability even as he
stabbed him to death.
PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE
Example:
Policeman, after arresting a man who had killed another in his presence, filed a criminal complaint more than 36 hours
after. He is not liable under Art. 125 since he was prevented by a lawful or insuperable cause as there was no court to file
the complaint to.
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ART 13. MITIGATING CIRCUMSTANCES - The following are mitigating circumstances:
1. Those mentioned in the preceding
chapter, when all the requisites
necessary to justify the act or
exempt from criminal liability in
the respective cases are not
attendant
2. That the offender is under 18
years of age or over 70. In the
case of the minor, he shall be
proceeded against in accordance
with the provisions of ART 80; *
* Amended to: When the offender is
above 15 years of age but under 18,
acting with discernment, or over 70
years.
3. That the offender had no intent to
commit so grave a wrong as that
committed;
4. That sufficient provocation on the
part of the offended party
immediately proceeded the act.
Villafuerte. 1C. 2019. Judge Sandoval
INCOMPLETE JUSTIFYING & EXEMPTING CIRCUMSTANCES
In incomplete self-defense, defense of relative & stranger
Unlawful Aggression - Indispensable requisite
It is the 2nd and 3rd element that is lacking
Example:
Accused, being awakened by a shot and expecting an attack by a group of armed men, shot a man in the dark who
turned out to be innocent. He acted under an impulse of a fear which is not uncontrollable although it promised an equal
or greater injury.
OFFENDER IS UNDER 18 OR OVER 70 YEARS OF AGE
For purposes of criminal liability, the age of a person may be divided as follows:
1. 9 years or below exempted from penal responsibility.
2. Over 9 but below 15, acting without discernment conditional liability; exempted.
3. Over 9 but below 15, acting with discernment mitigated liability at least 2 degrees lower (Art. 68, par. 1).
4. Over 15 but below 18 mitigated liability by one degree lower (Art. 68, par. 2).
5. Over 18 and below 70 complete criminal liability.
6. Over 70 mitigated liability.
NO INTENTION TO COMMIT SO GRAVE A WRONG
Intention - Mental process, an internal act
Determined by the conduct and external acts of the offender and the results of the acts themselves
Example:
Accused charged with Rape with Homicide claimed his intention was only to abuse the 6 year-old girl but killed her as he
chocked her while she tried to shout. He is not entitled to this mitigating circumstance as he knew the girl was very tender
in age, weak in body, helpless and defenseless. He ought to have known the natural and inevitable result of
strangulation.
A husband who slaps his wife. Her head hit a hard pavement and she dies. He can avail of this mitigating circumstance.
Several accused where conspiracy was proven. Not applicable because in conspiracy, the act of one is the act of all.
SUFFICIENT PROVOCATION OR THREAT
Does not allow lapse of time. Must immediately precede the act of the offender
Example:
A, having caught his wife in flagrante with her paramour and informing his father-in-law that he can no longer live together
with his wife, killed his father-in-law after he was warned to be careful as he would be killed before the day ended. A is
entitled to this mitigating circumstance as he could have interpreted the warning as a serious threat which prompted him
to decide to act before the father-in-law could carry out his threat. (People v. Rivero)
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ART 13. MITIGATING CIRCUMSTANCES - The following are mitigating circumstances:
5. That the act was committed in the
immediate vindication of a grave
offense against the one
committing the felony, his
spouse, ascendants,
descendants, legitimate,
illegitimate, adopted brothers or
sisters, or relatives by affinity
within the same degree;
6. That of having acted on an
impulse so powerful as naturally
to have produced passion or
obfuscation;
7. That the offender had voluntarily
surrendered himself to a person
of authority or his agents, or that
he had voluntarily confessed his
guilt before the court prior to the
presentation of the evidence for
the prosecution;
8. That the offender is deaf and
dumb, blind, or otherwise
suffering from some physical
defect which thus restricts his
means of action, defense, or
communication with his fellow
beings.
Villafuerte. 1C. 2019. Judge Sandoval
IMMEDIATE VINDICATION OF A GRAVE OFFENSE
Lapse of time is allowed between the grave offense and the vindication.
The Court must consider the lasting effect and influence of the grave offense to the offender when he resorted to commit
the crime to vindicate such grave offense.
Example:
A killed B a few hours after B slapped him in front of many people. SC considered this mitigating circumstance as the
influence of the offense lasted until the moment the crime was committed due to its gravity and circumstance. (People v.
Parana)
A killed B 10 hours after B mauled As brother. A is not entitled to this mitigating circumstance as the interval was more
than sufficient for him to have recovered his serenity. (People v. Pajeras)
PASSION OR OBFUSCATION
Must arise from lawful sentiments provoked by prior unjust or improper acts of the offended party.
Example:
A shot F, his stepson, as he saw him returning home after he was angered by F who took a long time to buy the ballcaster
he ordered F to purchase. A is not entitled to this mitigating circumstance as his anger did not arise from lawful
sentiments. The delay in obeying his request was too trivial to cause such overreaction. (People v. Tiongco)
VOLUNTARY SURRENDER
Must be spontaneous in such manner that it shows the intent to surrender unconditionally, either because he
acknowledges his guilt or because he wishes to save them the trouble and expense incidental to his search and capture.
Requires that the offender had not been actually arrested.
Must be the surrender of the body to the persons in authority, or their agents.
Example:
A who held teachers and students as hostages was surrounded by soldiers without an open escape. Surrendered his gun
through the balustrade of the faculty room to his brother. Not entitled to this mitigating circumstance as he only
surrendered his gun to his brother who was not a person in authority. (Peope v. Tac-an)
PLEA OF GUILTY
Plea must be made before the prosecution presents its evidence, and it must be unconditional
However, if one pleads to a lesser offense (Homicide) and the prosecution, after being allowed by the court to present
evidence, fails to prove the qualifying and aggravating circumstance that would qualify the killing as murder, he is entitled
to this mitigating circumstance.
Forum must be the court that has jurisdiction over the offense
ILLNESS WHICH RESTRICTS MEANS OF ACTION
Illness which restricts means of action Must relate to the mode of committing the crime.
Deaf and dumb Not only deaf but also dumb
Blind Blind in both eyes
Some physical defect - If deaf and not dumb, dumb but not deaf, blind only in one eye; Entitled to mitigating
circumstance as long as his physical defects restrict his means of action, defense, or communication.
Example:
An armless/limping man charged with libel is not entitled to this mitigating circumstance.
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ART 13. MITIGATING CIRCUMSTANCES - The following are mitigating circumstances:
9. Such illness of the offender as
would diminish the exercise of
the will-power of the offender
without however depriving him of
consciousness of his acts.
10. And, finally, any other
circumstances of a similar nature
and analogous to those above-
mentioned.
Villafuerte. 1C. 2019. Judge Sandoval
ILLNESS DIMINISHING WILL POWER
If the illness not only diminishes the exercise of his will-power but deprives him of consciousness of his acts, it becomes
an exempting circumstance (insanity/imbecility).
Example:
Feeble-mindedness of a man who stabbed his wife in a fit of jealousy and thereafter lay down beside her on the floor
warranted this mitigating circumstance. (People v. Formigones)
MITIGATING CIRCUMSTANCES OF SIMILAR NATURE
Examples:
Return of property stolen = voluntary surrender
Testifying for the prosecution by a co-accused = plea of guilty
Esprit de corps = passion or obfuscation
Over 60 years with failing sight = over 70 years
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1. That advantage be taken by the
offender of his public position.
2. That the crime be committed in
contempt of or with insult to the
public authorities.
Villafuerte. 1C. 2019. Judge Sandoval
ADVANTAGE BE TAKEN OF PUBLIC POSITION
Penalty imposed shall be in its maximum regardless of mitigating circumstance
Cannot be offset by any mitigating circumstance when present in the commission of heinous crimes.
Accused must be a public official who used his influence, prestige, and ascendancy which his office gives him.
If he could have perpetrated the crime without occupying his position, there is no abuse of public position.
Where the public position is an element of the offense like Bribery (Direct, Indirect, or Qualified), this circumstance
cannot be considered.
Example:
Not shown that the accused wore his uniform or used his firearm nor evidence adduced that the killing was facilitated by
his public position. Aggravating circumstance was not present. (People v. Sumaoy)
Law officer succeeded in going through the checkpoint unsuspected because of his position and committed the crime of
Robbery with homicide with the aid of a gun he had as a peace officer; Aggravating circumstance was considered.
(People v. Madrid)
COMMITTED IN CONTEMPT OF OR WITH INSULT TO THE PUBLIC AUTHORITIES
Public Authorities - Public officers directly vested with jurisdiction and who have the power to govern and execute the
laws; Persons in authority
Must be engaged in the exercise of his duties
Must not be the person against whom the crime is committed
Offender must know that he is a person in authority
Example:
X continued to assault his opponent despite knowing that the Mayor, Governor, or a Judge made his presence known to
him - Aggravating.
If it were a policeman or an NBI agent, the aggravating circumstance cannot considered as the policeman/NBI
agent is a mere agent of a person in authority.
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3. That the act be committed with
insult or in disregard of the
respect due the offended party
on account of his rank, age, or
sex, or that it be committed in the
dwelling of the offended party, if
the latter has not given
provocation.
4. That the act be committed with
abuse of confidence or obvious
ungratefulness.
Villafuerte. 1C. 2019. Judge Sandoval
INSULT OR DISREGARD OF RANK, AGE, SEX
There must be a showing of insult or disregard of the rank, age, or sex of the offended party.
When nighttime is absorbed in treachery, this aggravating circumstance cannot be similarly absorbed, as Treachery
refers to the manner of committing the crime, while the latter pertains to the relationship of the victim with the offender.
Example:
23 year old wrested with and inflicted fatal injuries to a 60 year old woman. There was disregard of the respect due to
her on account of her age. (People v. Rubio)
Clerk in the Cash Section of the Civil Service Commission attacked the Assitant Chief of the Personnel Divison. There
was disregard of the respect due to him on account of his rank. (People v. Benito)
Accused took turns in hitting the 70 year old woman with pieces of wood they brought. There was disregard of the
respect due to her on account of her sex and age. (People v. Lapaz)
DWELLING
Dwelling - Building or structure exclusively used and devoted for rest and comfort
Includes every dependency of the house which forms as integral part thereof (e.g. Staircase, Terrace)
May mean only the room of the bedspacer in a boarding house
Not necessary that the accused should have actually entered the dwelling, enough that the victim who gave no
provocation was attacked inside his own house, as he might have devised means to perpetrate the assault from the
outside.
Victim must not have given the provocation.
Victim should be the owner, occupant, or lessee of the house.
Need not be the owner or occupant since the stranger, as an invited guest, is sheltered and protected by the house.
Cannot be considered in Trespass to Dwelling or Robbery in an Inhabited House as it is included necessarily in these
crimes (art. 62).
It can be considered in Robbery with Homicide because this can be committed without the necessity of transgressing
the sanctity of the house.
Example:
Crime of rape against one renting a bedspace in a boarding house was aggravated by dwelling. (People v. Daniel)
Woman taken from her house and brought to a nearby Barangay where she was raped; dwelling was an aggravating
circumstance. (People v. Lacanieta)
Attacker was outside, the victim inside when he was fired upon; As long as he had not provoked the offender, Dwelling
was an aggravating circumstance.
If the assault was commenced inside and terminated outside, dwelling can be considered.
ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS
Example:
Accused who was the uncle of the victim and had taken shelter in her parents house, rape is attended with Abuse of
Confidence and Obvious Ungratefulness. (People v. Cabresas)
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5. That the crime be committed in
the palace of the Chief Executive
or in his presence, or where
public authorities are engaged in
the discharge of their duties, or
in a place dedicated to religious
worship.
6. That the crime be committed in
the night time, or in an
uninhabited place, or by a band,
whenever such circumstances
may facilitate the commission of
the offense.
Whenever more than three armed
malefactors shall have acted
together in the commission of an
offense, it shall be deemed to
have been committed by a band.
Villafuerte. 1C. 2019. Judge Sandoval
Palace of the president or a Place Dedicated to Religious Worship
Accused must have the intention to commit the crime in such a place.
If the meeting was only casual, the circumstance cannot be considered.
Religious worship - Any offense committed thereat even if no ceremony is taking place, is aggravated.
Place where authorities are engaged in the discharge of their duties
Necessary that actual fulfillment of functions be on going
Example: If a judge declared a recess and a crime was committed in the courtroom, the circumstance is not present
Presence
President need not be in the palace, as long as he was presence
and his presence was known to the accused, there is aggravating circumstance.
NIGHT TIME
Night period of time from sunset to sunrise
What is material is not the period or the time but the darkness or nocturnity that enshrouds the situation
Even if it was really dark, it must have been particularly sought for by the accused, or taken advantage of by him to
facilitate the commission of the crime, to ensure his immunity from capture, or otherwise facilitate his getaway
Examples:
If a killing occurred in a dance party at 10:30 pm where the place was bright, there is no nighttime
If the crime commenced while it was still bright and terminated when it was already dark, aggravating circumstance is
not present.
If the crime commenced while it was still dark and finished when it was already bright, aggravating circumstance is not
present.
In Forcible Abduction with Rape, committed at 2:00 am, aggravating circumstance of nighttime should be considered.
(People v. Grefiel)
UNINHABITED PLACE
Determined not by the distance of the nearest house but w/n there was reasonable possibility of the victim receiving
some help.
Example:
The killing done during the nighttime and with many fruit trees and shrubs obstructing the view of neighbors and
passersby, there was no reasonable possibility for the victim to receive assistance. (People v. Desalisa)
BY A BAND
At least 4 and must be armed, although the arms need not be limited to firearms
Example:
Determined not by the distance of the nearest house but w/n there was reasonable possibility of the victim receiving
some help.
Two almost similarly armed groups, where only 3 of the 5 in the offended party were armed so that there was no band,
while the 4 offenders were all armed and therefore constituted a band. There was no aggravating circumstance as it did
not facilitate the commission of the crime.
If the meeting was casual, the homicide committed by a band was not aggravated.
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7. That the crime be committed on
the occasion of a conflagration,
shipwreck, earthquake, epidemic
or other calamity or misfortune.
8. That the crime be committed with
the aid of armed men or persons
who insure or afford impunity.
9. That the accused is a recidivist.
A recidivist is one who, at the
time of his trial for one crime,
shall have been previously
convicted by final judgment of
another crime embraced in the
same title of this Code.
10. That the offender has been
previously punished by an
offense to which the law attaches
an equal or greater penalty or for
two or more crimes to which it
attaches a lighter penalty.
Villafuerte. 1C. 2019. Judge Sandoval
OCCASION OF CONFLAGRATION, SHIPWRECK, EARTHQUAKE, EPIDEMIC, OR OTHER CALAMITY/MISFORTUNE
If the crime coincidentally took place during a misfortune or calamity, the aggravating circumstance is not present as the
offender did not take advantage of the situation.
Reason behind the circumstance - in the midst of a great calamity, instead of lending aid, one adds to their suffering by
taking advantage of misfortune to despoil them.
AID OF ARMED MEN OR PERSONS WHO INSURE OR AFFORD IMPUNITY
Men and persons In the plural forM and involve at least 2 persons.
If the accused relied on the presence of armed meN, availing himself of their aid, his liability is aggravated.
If the appellants were not merely present but were in conspiracy with the assailants, this circumstance cannot be
appreciated.
Examples:
If the appellants shot the victim and left the scene together with the assailant after accomplishing their purpose, this
aggravating circumstance is not present.
If the accused, upon assurance of policemen that they would not patrol the area so that he could commit theft/robbery,
commits burglary, the crime is aggravated by the aid of persons who insure or afford impunity.
ACCUSED IS A RECIDIVIST
Recidivist one who at the time of the trial for one crime shall have previously committed and convicted for one crime
and both crimes are embraced in the same title of the RPC.
Examples:
Accused was convicted of Homicide and judgment became final on Oct 1, 1983, second conviction was rendered on
Oct 26 for murder, he is a recidivist.
Accused committed Theft on June 1, 1990 and Robbery on July 1, 1990 but after his apprehension, the trial for the 2
crimes were consolidated in one hearing as there was only 1 victim. Court rendered a Joint Decision finding him guilty
of both, there is no recidivism as there was no previous final judgment of conviction (conviction for Theft was not yet
final).
Accused was previously convicted for Homicide and when it was already final there was a subsequent conviction for
Rape, he is a recidivist as crime is now a crime against persons.
REITERACION
Crimes should not be embraced in the same title of the Code for accused will then be classified as a recidivist
Previous crimes must be at least 2 in number if the law imposes a lower penalty than the crime he had been currently
convicted of
A single offense is sufficient if the penalty is equal or greater
Example:
A was convicted of Murder, and committed Homicide after a grant of parole. He labors reiteracion under par. 10 but also
suffers from recidivism. He is thus considered only as a recidivist, and par 10 will no longer apply to him.
If the previous conviction is Homicide and later on the conviction is for Falsification (lighter), reiteracion is also present.
Less serious physical injuries (Art. 265) sentenced to straight penalty of 5 months. Later on committed robbery and
sentenced to 3-5 years imprisonment. No reiteracion (first offense is of a less penalty).
Committed homicide, penalty of reclusion temporal. Later on committed robbery, penalty imposed was also reclusion
temporal. Reiteracion is present. Not a recidivist as Homicide and Robbery are not under the same title.
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