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COMMENTARIES ON CRIMINAL LAW REVIEWER BY MAXIMO AMURAO (2) Any evidence obtained in violation of this or the preceding section

shall be inadmissible for any purpose in any proceeding.


INTRODUCTION Section 4. No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably to
Criminal Law assemble and petition the government for redress of grievances.
Branch or division of law which defines crimes, treats or their nature and Section 5. No law shall be made respecting an establishment of
provides for their punishment religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination
Criminal Law Criminal Procedure or preference, shall forever be allowed. No religious test shall be
Defines crimes, treats or their nature and Regulates the steps in the apprehension, required for the exercise of civil or political rights.
provides for their punishment prosecution and conviction of the Section 6. The liberty of abode and of changing the same within the
accused if found guilty limits prescribed by law shall not be impaired except upon lawful order
Substantive Adjective or Procedural of the court. Neither shall the right to travel be impaired except in the
No retroactive effect EXCEPT if favorable Retroactive effect may be given interest of national security, public safety, or public health, as may be
to the accused who is not a habitual provided by law.
delinquent Section 7. The right of the people to information on matters of public
Congress SC concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts, transactions, or
Only express provision of the law can punish a crime decisions, as well as to government research data used as basis for
No common law crimes in the Philippines policy development, shall be afforded the citizen, subject to such
Nullum crimen, nulla peona sine lege no crime unless there is a law limitations as may be provided by law.
punishing it Section 8. The right of the people, including those employed in the
public and private sectors, to form unions, associations, or societies for
Power of the State to punish crimes purposes not contrary to law shall not be abridged.
Belongs to the sovereign power instinctively charged byte he common will of Section 9. Private property shall not be taken for public use without just
the members of society to look after, guard and defend the interests of the compensation.
community. Section 10. No law impairing the obligation of contracts shall be
passed.
Limitations of the State to punish crimes Section 11. Free access to the courts and quasi-judicial bodies and
1. Bill of Rights from 1987 Constitution adequate legal assistance shall not be denied to any person by reason
Section 1. No person shall be deprived of life, liberty, or property of poverty.
without due process of law, nor shall any person be denied the equal Section 12. (1) Any person under investigation for the commission of
protection of the laws. an offense shall have the right to be informed of his right to remain
Section 2. The right of the people to be secure in their persons, silent and to have competent and independent counsel preferably of
houses, papers, and effects against unreasonable searches and his own choice. If the person cannot afford the services of counsel, he
seizures of whatever nature and for any purpose shall be inviolable, must be provided with one. These rights cannot be waived except in
and no search warrant or warrant of arrest shall issue except upon writing and in the presence of counsel.(2) No torture, force, violence,
probable cause to be determined personally by the judge after threat, intimidation, or any other means which vitiate the free will shall
examination under oath or affirmation of the complainant and the be used against him. Secret detention places, solitary, incommunicado,
witnesses he may produce, and particularly describing the place to be or other similar forms of detention are prohibited.(3) Any confession or
searched and the persons or things to be seized. admission obtained in violation of this or Section 17 hereof shall be
Section 3. (1) The privacy of communication and correspondence shall inadmissible in evidence against him.(4) The law shall provide for
be inviolable except upon lawful order of the court, or when public penal and civil sanctions for violations of this section as well as
safety or order requires otherwise, as prescribed by law. compensation to and rehabilitation of victims of torture or similar
practices, and their families.

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Section 13. All persons, except those charged with offenses punishable 2. Ex post facto law
by reclusion perpetua when evidence of guilt is strong, shall, before A law which :
conviction, be bailable by sufficient sureties, or be released on o Makes criminal an act, which, when committed was not
recognizance as may be provided by law. The right to bail shall not be punishable.
impaired even when the privilege of the writ of habeas corpus is o Aggravates a crime, or makes it greater than it was when
suspended. Excessive bail shall not be required. committed
Section 14. (1) No person shall be held to answer for a criminal offense o Changes the punishment and inflicts greater punishment
without due process of law. than the law existing at the time the crime was committed
(2) In all criminal prosecutions, the accused shall be presumed o Alters the legal rules of evidence and authorizes conviction
innocent until the contrary is proved, and shall enjoy the right to be upon less or different testimony than the law required at the
heard by himself and counsel, to be informed of the nature and cause time of the commission of the offense
of the accusation against him, to have a speedy, impartial, and public o Assumes to regulate civil rights and remedies only, but in
trial, to meet the witnesses face to face, and to have compulsory effect imposes a penalty or deprivation of a right for
process to secure the attendance of witnesses and the production of something which when done was lawful
evidence in his behalf. However, after arraignment, trial may proceed o Deprives a person of some lawful protection to which he has
notwithstanding the absence of the accused provided that he has been become entitled such as protection from a former conviction
duly notified and his failure to appear is unjustifiable. or acquittal or a proclamation of amnesty
Section 15. The privilege of the writ of habeas corpus shall not be Increased penalty imposed by PD 818 for the crime of estafa does not
suspended except in cases of invasion or rebellion when the public apply to estafa that was committed prior to its promulgation.
safety requires it. 3. Bill of Attainder
Section 16. All persons shall have the right to a speedy disposition of Legislative act which inflicts punishment without trial
their cases before all judicial, quasi-judicial, or administrative bodies. Its essence is the substitution of a legislative fiat for judicial termination
Section 17. No person shall be compelled to be a witness against of guilt
himself. Implement the principle of Separation of Powers
Section 18. (1) No person shall be detained solely by reason of his
Forestalls legislative usurpation of judicial function
political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a Sources of Criminal Law
punishment for a crime whereof the party shall have been duly RPC and its amendments
convicted.
Special Laws which are penal in nature passed by the
Section 19. (1) Excessive fines shall not be imposed, nor cruel,
o Philippine Commission
degrading or inhuman punishment inflicted. Neither shall the death
penalty be imposed, unless, for compelling reasons involving heinous o Philippine Assembly
crimes, the Congress hereafter provides for it. Any death penalty o Philippine Legislature
already imposed shall be reduced to reclusion perpetua. o National Assembly
(2) The employment of physical, psychological, or degrading o Congress 1935 Constitution
punishment against any prisoner or detainee or the use of substandard o Pres. Marcos during Martial Law
or inadequate penal facilities under subhuman conditions shall be dealt o Interim Batasang Pambansa
with by law. o Batasang Pambansa
Section 20. No person shall be imprisoned for debt or non-payment of o Pres. Aquino during Revolutionary govt
a poll tax. o Congress 1987 Constitution
Section 21. No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an ordinance, Theories of penology
conviction or acquittal under either shall constitute a bar to another Classical/Juristic
prosecution for the same act. o Retributive and punitive
Section 22. No ex post facto law or bill of attainder shall be enacted. o Every criminal has free will and knows the penal law

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o Punishment is standardized to the gravity and nature of the He is not to be treated as a criminal to be punished but
offense as a sick member of society who must be reformed and
o Man is a rational and calculating being who guides his actions corrected.
with reference to the principles of pleasure and pain o Examples
o Thus, man refrains from criminal acts if threatened with Indeterminate Sentence Law
punishment The Probation Law of 1976 or PD 968 as amended by
o FEATURES PD 1257 and BR 76 and PD 1990
Man is a rational being endowed with reason and being JJWA
Reason knows what is right and wrong Justifying Circumstances under Art. 11
Free Will free to do or not to do a particular act Exempting Circumstances under Art. 12
If he does an act knowing it to be wrong and having the
freedom to do it responsible for his wrongful act and Repeal of a Penal Law
its necessary consequences Kinds
Crime committed own choice Absolute
Punishment direct proportion to the crime committed Effect of obliterating the offense from the statue books
(An eye for an eye, a tooth for a tooth) Act is decriminalized
Purpose retribution or vengeance Court loses jurisdiction
o Examples Kinds
Aggravating circumstances in the crime under Art. 14 of o Express
RPC increasing the penalty to the maximum period Expressly repeals a prior law in absolute terms
generic aggravating circumstances A persons conduct formally denounced as a crime
Aggravating circumstances in the crime under Art. 14 of is no longer deemed criminal
RPC changing the felony to a more serious crime Cannot be convicted since offense no longer
qualifying aggravating circumstances exists
RPC provisions providing capital penalty on heinous o Implied
crimes Repealing law entirely fails to penalize the acts
Positivist or realistic theory
which constituted the offense defined and
o Views crime as a social phenomenon penalized in the repealed law
o Lays stress on the criminal or the actor Deprivation of the courts jurisdiction to try, convict
o Man is subdued occasionally by a strange and morbid and sentence those charged with violations of the
phenomenon that constrains him to do wrong old law prior to the repeal
o Reformative and preventive Examples
o Advocates individual punishment o Anti-Subversion Act
o Criminal is considered as a sick person who need not be Effect of express or implied absolute repeal
punished but must be cured
o FEATURES o Pending in court o Dismissed since the
Man is a moral being. By nature he is good court loses
He is sometimes subdued by a morbid and social jurisdiction in view of
phenomenon that predisposes him to commit a crime. obliteration from
The commission is not of mans free choice statute books
Emphasis Man as a human being and not man as a o Service of sentence o Released for the
criminal same reason
Purpose Reformation or correction of the accused o Not yet filed o Can no longer be filed

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o People vs. Monton Example
o Monton Barrio Captain found with firearm without a license. RAC did o Rent Control Law until Dec 31, 2008
not exempt barrio captains from securing a license
o Barangay Capt. not liable for the crime of illegal possession of firearm.
o Under LGC punong barangay shall be entitled to possess and carry the Fundamental Characteristics of Criminal Law
necessary firearms 1. General
o New law repeals existing law 2. Territorial
3. Prospective
Partial
Effects of partial repeal General
Repealing law penalizes the same Court retains authority to try and Art. 14 NCC Penal laws and those of public security and safety shall be
act punished by the repealed law sentence under the old law obligatory upon all who live or sojourn in Philippine territory, subject to the
Same act is punished by repealing Sentenced to the penalty in the new principles of PIL and treaty stipulations
and the repealed law law
Civil Courts jurisdiction unaffected by the military or other special character of the
Penalty in the new law is lighter Penal laws may be given retroactive accused
effect if favorable to the accused, Exception
not a habitual delinquent and not o Service-connected tried by court-martial
prohibit retroactivity President may direct before arraignment that it be tried
New law penalty more burdensome Heavier penalty cannot be imposed by civil courts
Example o Limited to Art 54-70 and Art. 72-92 and Art 95-97 of
o RA 8294 lowering the penalty for manufacture, sale, acquisition, Commonwealth Act No. 408, as amended (Articles of War)
disposition or possession of firearms or ammunition or o Court martial may take into consideration the penalty prescribed
instruments used or intended to be used in manufacture of by RPC
firearms or ammunition rom reclusion temporal max period to o RA 7055 RTC cannot divest the General Court Martial of its
reclusion perpetua to prision correctional max period and a fine of jurisdiction over those charged
15K for low powered firearms and prision mayor min period and a o Note crimes (p.20)
fine of 30K for high powered firearms
o Other examples in book Prosecution for the same offense after he has been prosecuted in court martial places
him in double jeopardy
Habitual Delinquent Court martial COURT bar to a second prosecution
If within a period of ten years from the date of his release or last conviction
of the crimes of robo, hurto, estafa, or falsification, he is found guilty of any Philippine Criminal Law
of said crimes a third time or oftener." Exempt Not Exempt
Political interest Commercial, mercantile or business
interest only
Self-Repeal Sovereigns Consuls
Law expires by its own terms and provisions Heads of State Vice consuls
Effects Ambassadors Consular officials
o The same as though it has been repealed at the time of its Ministers plenipotentiary
expiration Ministers residents
o Deprivation of the courts of their jurisdiction to try, convict and
Charges daffaires
sentence persons charged with violations of the law prior to the
repeal
o Same legal effect as absolute repeal

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Jurisdiction
Crimes committed within an embassy Exclusive
Principle of PIL Extension of the state it represents Concurrent
Not triable in the Philippines
Exclusive jurisdiction of Philippine authorities
Crimes committed on board a public or war vessel beyond the criminal jurisdiction of US personnel with respect to offenses relating to the security of the
the Philippines Philippines, punishable under the laws of the Philippines but not under
Schooner Exchange vs. Mcfadden the laws of the US
o containing exemption from jurisdiction of the sovereign within
whose territory she claims the rights of hospitality Exclusive jurisdiction of the US
Based on comity and convenience Us personnel with respect to offenses relating to the security of the US,
punishable under US laws but not under the laws of the Philippines
Exceptions to the general and territorial character of the RPC
1. Treaties Offenses relating to security
2. Laws of preferential application Treason
Sabotage
Treaties Espionage
1. RP-US Mutual Defense Treaty August 30, 1951
Violation of any law relating to national defense
Purpose develop capability to resist an armed attack
Visiting Forces Agreement (VFA) Concurrent Jurisdiction of the Philippines and US
o Instrument agreed upon to provide for the joint RP-US When punishable by both the Philippine and US laws, the primary right
military exercises to exercise shall be subject to the following rules
o The fact that the VFA was not submitted for advice and
Primary right Philippine authorities over all offenses committed by
consent of the US Senate still a binding international US personnel
agreement or treaty recognized by said State
Except
o Status binding international agreement
i. Criminal and disciplinary jurisdiction conferred o US
military authorities by US military law over US
Persons covered
personnel in the Philippines
United States Personnel ii. Offenses relating to the security of the US punishable
Military under US Laws but not Under the Laws of the
o Army Philippines
o Navy iii. When the case involves the following offenses US
o Marine Corps primary right
o Air Force Against property of the US
o Coast Guard Against security of the US
Civilian Against the property of another US military
o Neither nationals of or ordinary residents of the Philippines personnel
and who are employed by or accompanying the US armed Against the person of another US personnel
forces Offenses arising out of any act or omission done in
Red Cross the performance of official duty
United Services Organization
Covers ALL offenses committed WITHIN the Philippines by US military Waiver of primary right to exercise concurrent jurisdiction
or civilian personnel Authorities of either government may request the authorities of the
other government to waive their primary right

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Should commit any of the crimes against national security and the law of
Grant by the Philippine Government of the US request for waiver nations
To maintain good order and discipline among their forces
Except 3. Prospective
o In cases of particular importance to the Philippines Only punish an act committed after its effectivity
Heinous crimes RA 7659 Cannot penalize an act which was not punishable at the time of its
DDA commission
Anti-Child Abuse Law RA 7610 Cannot be given retroactive effect unless it is favorable to the accused
who is not a habitual delinquent
2. Convention on the Privileges and Immunities of the Specialized Agencies of
the UN adopted by the UN General Assembly of November 21, 1947 and
concurred in the Philippine Senate under Resolution No. 21 dated May 17,
1949
Applies to the WHO
SC Ruled
o Acting Assistant Director of Health Services assigned to the
Manila Regional Office of WHO is entitled to diplomatic
immunity pursuant to the Host Agreement
Diplomatic privilege
Immunities
Personal inviolability
Inviolability of the officials properties
Exemption from local jurisdiction
Exemption from taxation

Territorial
Only WITHIN the Philippines
Crime an offense against the dignity, authority and sovereignty of the
Philippines
Only the Philippines, as offended state, can punish the offender

Philippine Territory
Art. 1 1987 Philippine Constitution

Extra-territorial application of the RPC


Those who should commit an offense while on a Philippine ship or airship
Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands
Should be liable for acts connected with the introduction into these islands
of the obligations and securities mentioned in the preceding number
While being public officers or employees should commit an offense in the
exercise of their functions

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Quintin Paredes
Mariano De Joya
Guillermo Guevarra
o Took into consideration the following factors
Existing conditions
Special penal laws
Rulings of the SC
ART. 2 Application of its provisions
Emphasizes on the;
o Territorial character of the RPC (Philippine archipelago, its
atmosphere, internal waters and maritime zone)
o Specific instances where the code may be enforced even on
crimes committed outside the Philippine territorial jurisdiction
Effect of treaties and laws of preferential application on the code
Territorial and extra-territorial application is subject to treaties and laws of
preferential application
Examples of treaties
o VFA
o Host Agreement
Kinds of laws of preferential application
o Those which are local in nature
o Those based on established principles of public international law
Examples of laws of preferential application
THE REVISED PENAL CODE o Provisions of the 1987 Constitution
A. Art. VI Section 11 (Legislative Department) No
DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS member shall be questioned nor be liable in any other
CODE place for any speech or debate in the congress or in
any committee thereof
ART. 1 Time when it takes effect B. Art. XI Section 2 (Accountability of Public Officers)
Effective: January 1, 1932 P,VP, members of the SC, CC, Ombudsman may be
Approved into law December 8, 1930 removed from office on impeachment for, and
Took effect January 1, 1932 conviction of, culpable violation of the constitution,
treason, bribery, graft and corruption, other high crimes
More than a year to take effect to enable the public and the members
or betrayal of public trust. All other officers may be
of the bench and bar to become familiar with the provisions especially
removed from office as provided by law.
the changes that it wrought on penal registration
o RA 75
Before RPC
Penalizes acts that would impair the proper observance
o Spanish Penal Code (Royal Decree of September 4, 1884)
by the republic and inhabitants of the Philippines of the
o The Penal Code (Published March 13 and 14, 1887 and took immunities, right and privileges of the duly accredited
effect four months thereafter or on July 14, 1887) foreign diplomatic and consular agencies of the
Administrative order no. 94 dated October 18, 1927 Philippines
o DOJ created a ommittee revising the existing Penal Code Those who shall falsely assume and take
Anacleto Diaz as chairman upon himself to act as a diplomatic officer or
Alex Reyes an official of a foreign government

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Any person other than a diplomatic or English Territoriality
consular officer or attach who shall act in the 1. Rule followed by the Philippines
RP as an agent of a foreign government 2. Should forge or counterfeit any coin or currency note of the Philippine
without notification to or registration with the Islands or obligations and securities issued by the Government of the
SFA Philippine Islands
Any person who with intent to deceive or Examples
mislead, within the jurisdiction of the RP, wear o Forgery of currency notes
any naval, military, police or other official Peso bills
uniform, decoration or regalia of any foreign o Forgery of obligations
state, nation or government with which the Lotto ticket
RP is at peace 3. Should be liable for acts connected with the introduction into these islands
Any writ or process sued out or prosecuted of the obligations and securities mentioned in the preceding number
by any person in any court of the RP by any Example
judge or justice where by the ambassador, o Shipping fake bills
etc is arrested or imprisoned or his goods or o
chattels distrained
4. While being public officers or employees should commit an offense in the
Any person who assaults, strikes, wounds, exercise of their functions
imprisons or in any other manner offers Example
violence to an ambassador, public minister,
Finance officer misappropriating funds to be used for
etc
Applies under the principle of reciprocity the renovation of the Philippine embassy abroad
Examples of felonies
Examples of laws of preferential application based on principles of PIL
Direct bribery
o Diplomatic immunities of Sovereigns
Heads of State Indirect bribery
Ambassadors Malversation of public funds or property
Ministers plenipotentiary Illegal use of public funds or property
Ministers residents 5. Should commit any of the crimes against national security and the law of
Charges daffaires nations
o Warships Examples of crimes against national security
o Embassies Treason
Conspiracy and proposal to commit treason
Persons against whom the RPC is enforced although the crime is committed outside Misprision of treason
the Philippine Jurisdiction Espionage
1. Those who should commit an offense while on a Philippine ship or airship Examples of crimes against laws of nations
Requisites Piracy under the RPC triable anywhere
On board a private or merchant ship Genocide
Registered with the MARINA or CAA if airship Terrorism (Human Security Act or 2007 RA 9372)
In international waters
Not applicable to warships extensions of respective states
Rules
French Nationality FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
1. Tried by courts to which the vessel belongs
except those which affect the tranquility of the Art. 3 Definition
port or persons foreign to the crew Acts and omissions punishable by law are felonies

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Felonies are committed not only by means of deceit (dolo) but also by Malum in se vs. Malum prohibitum
means of fault (culpa) Malum in se Malum prohibitum
Deceit Inherently wrong and essentially evil Not inherently immoral but becomes so
o When the act is performed with deliberate intent because it is expressly forbidden by law
Fault RPC SL
o When the wrongful act results from HMF: defense HMF: X defense
Imprudence Criminal intent: essential element Criminal Intent: X essential
Negligence GF: defense GF: X defense
Lack of foresight Principles, accomplices, accessories X apply except if provided for by the
special law
Lack of skill
Stages of execution consummated, X stages
Felonies
frustrated, attempted
Act or omission punishable by the RPC
Penalties: degrees/periods Penalties: specific in terms of y/m/d
Offense
unless provided for by the special law
Act or omission punishable by Special Laws
Mitigating, aggravating and alternative X apply except if provided for by law
o Under JJWA circumstances
Act or omission punishable by a special law or
RPC The use by a special penal law of a penalty designated under the RPC does not make
Infraction or misdemeanor the act a felony or malum in se
Act or omission punishable by a municipal or city ordinance Controlling factor is not the penalty prescribed but how the felony is defined
Crime and described
Generic term Manner of committing felonies
Any violation of the RPC, Special Laws and Municipal or City Dolo
Ordinances Culpa
Elements of a felony Dolo
Act or omission Deceit
Punishable by the RPC Deceit
Voluntary Performed with deliberate intent
Voluntariness Culpa
Freedom Felony is committed or the wrongful act results from imprudence,
o Without freedom a person is not criminally liable (compulsion negligence, lack of foresight, lack of skill
of irresistible force, impulse of uncontrollable fear of an equal Act or omission
or greater injury) Any bodily movement tending to produce some effect in the external world
Intelligence Mere criminal thoughts no criminal liability
o Exempt Examples
Insane/imbecile Examples of felony by commission
Child 15 y/o or under or above 15 but below 18 at o Treason
the time of the commission of the offense unless o Arbitrary detention
he acted with discernment o Murder
Intent o Rape
o Exempt o Kidnapping
Honest mistake of fact Examples of felony by omission
Justifying circumstance o Misprision of treason
Accident o Delay in the delivery of detained persons

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o Illegal Exaction Misperception of fact on the part of the person who injures another
o Refusal of assistance Negates malicious intent
o Kidnapping and failure to return a minor Accused does not commit a felony
Examples of felony by dolo or deceit Ignorantia facti excusat
o Frauds against the public treasury Elements
o Malversation o Act would have been lawful had the facts been as the accused
o Voluntary failure of a collection officer to issue official receipt believed them to be
o Estafa o Intention was lawful
o Simple seduction o No fault or negligence
Examples of felony that may be committed by culpa US vs. Ah Chong
o Judgment rendered through negligence o Thought he was being attacked
o Unjust interlocutory order US vs. Bautista
o Negligence and tolerance o Resisted arrest
o Betrayal of trust of an attorney US vs. Bayambao
Examples of malum prohibitum o Murder of brother in law (black figure as if to strike him)
o Illegal possession of firearm No honest mistake of fact when there is negligence or fault on the part of
o Omnibus election code the accuse
o Revised forestry code People vs. Oanis
o Dangerous drugs law o Without making reasonable inquiry killed an innocent man in the
o Illegal recruitment arrest of Balagtas
o Anti-Bouncing checks law People vs. Apego
o Anti-Fencing Law o Stabbed brother in law
Motive o Exceeded her right of defense
Special or personal reason that may prompt or induce a person to perform Illegal possession of firearms is malum prohibitum
an act or commit a crime o Exceptions
Criminal Intent Motive Cuenca vs. People
Essential element of a felony Not an element. Becomes material only Employee
when there is doubt as to the identity of
People vs. Landicho
the offender
Authorized by mayor to collect loose firearms
Proven by the prosecution Need not be proven by the prosecution
Relaxation of the doctrine of animus
Actus non facit reum nisi mens sit rea posidendi
Act of a person does not make him criminal unless his mind is also criminal Temporary and incidental
o Manzarinas vs. People People vs. Mallari
Not liable for infidelity in the custody of public Authorities were notified
documents
Same was delivered for the purpose of effecting
administrative reconstitution Art. 4 Criminal Liability shall be incurred by
o Relucio vs. CSC 1. Any person committing a felony although the wrongful act done be different
Dismissal of Relucio was not proper on the basis of from that which he intended
2. By any person performing an offense against persons or property, were it
falsification of documents undoubtedly in GF when
not for the inherent impossibility of its accomplishment or on account of the
she claimed that her father was a WWII veteran
employment of inadequate or ineffectual means
Honest Mistake of Fact

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Any person committing a felony although the wrongful act done be different from that People vs. Reloj
which he intended o Death due to paralysis of ileum contracted when internal organs
Requirements of the victim where exposed during surgical operation
o Committing a felony
o Felony must be intentional Accused is also criminally liable in the following instances
Cannot apply if negligent, careless, lack of foresight, Abberatio ictus or mistake in the blow
lack of skill Error in personae or mistake in the identity of the victim
o The felony should be the proximate cause of the resulting injury Praeter intentionem or lack of intent to commit so grave a wrong as that
Relationship of cause and effect between the felony committed
committed and the result thereof
Proximate Cause Abberatio ictus or mistake in the blow
That cause which in the ordinary and continuous sequence of events, Example
unbroken by any efficient intervening cause, produces the injury and without o Fired at A but hit B
which the injury would not have occurred
People vs. Cagoco Error in personae or mistake in identity of the victim
o Fist blow to the head Example
People vs. Dalag o People vs. Oanis
o Death of wife caused by relentless beating Not a defense
People vs. Vagallon
o Death of bystander hit by a lance that he threw at his enemy Praeter intentionem or lack of intent to commit so grave a wrong as that committed
US vs. Brobst Example
o Powerful blow on left side of discharged employee who later died o Hit wife with piece of wood until the wife started complaining of
People vs. Martin chest pains. Wife died despite efforts of husband to alleviate her
o Strangulation of wife accelerated her death due to a heart ailment pains.
People vs. Piamonte
Effect of refusal of victim to submit to medical treatment
o Still liable for robbery with homicide when the proximate cause of
Victim not obliged to submit to a surgical operation
death is the stab wound that he inflicted although the immediate
Effect of intervening disease
cause of death is mucuous colitis arising from weakened
condition of the victim Intervening disease is associated with Liable for death
the wound inflicted and victim died
People vs. Itlanas
Wound not efficient to cause death but Not liable for death but only to extent of
o Death of a bystander killed by a stray bullet coming from his
died due to a totally unrelated disease wounds inflicted
firearm
Mortal wound but victim died due to a Liable for death
People vs. Opero sickness or disease neither associated
o Death of a victim who died due to asphyxiation by suffocation by nor related to the wound
stuffing pandesal into her mouth
People vs. Sitchon Presumption of death as a natural consequence if the injury
o Death of a victim is the mortal wounds inflicted bby the mauling When a person of normal health, physical injuries are caused from which
and clubbing on different parts of the body of a 2 year old death may be expected and death ensues within a reasonable time, it shall
US vs. Rodriguez be presumed that it is the natural consequence and result of the injuries
o Blow of accused hastened or accelerated the death of victim inflicted upon the deceased
already suffering an internal malady
People vs. Quianzon Erroneous or unskillful medical treatment will not relieve the accused from liability for
o Victim removed drainage of the wound du to physical pain the death of the accused if injury is mortal

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Except o The act would have constituted an offense against persons or
o Non-mortal wound and the victim died due to unskillful or property
incompetent medical treatment then accused is not liable o With evil intent
o Inherently impossible or the means employed is either inadequate
Example of efficient intervening cause or ineffectual
Urbano vs. IAC o Act performed should not constitute a violation of the RPC
o Deceased himself interrupted the ordinary, normal and continuous
process of healing by voluntary going to his tobacco farm in order Penalty
to work by reason of which his wound was infected resulting into Art. 59 RPC
tetanus which caused his death Arresto mayor or a fine of 200-500 pesos
Why penalty?
Art. 4 (1) in relation to suicide o Objectively no crime
Does not apply to suicide o Subjectively accused is a criminal
No provision in the RPC that punishes suicide not a felony o Punishment for criminal tendency and propensity
Example
o Jumped off a building and fell on pedestrian who dies Felonies against persons
Liable for death by reason of criminal negligence arising Parricide
from failure to observe the standard of care required by Murder
the circumstances of the place, time and persons. Homicide
Infanticide
Abortion
Physical Injuries

Felonies against property


Robbery
Brigandage
Theft
Occupation of real property
Swindling
Culpable insolvency
Brigandage
Malicious mischief

Impossibility of accomplishment
By any person performing an offense against persons or property, were it not for the Inherent nature of the act or
inherent impossibility of its accomplishment or on account of the employment of o Physical or factual impossibility
inadequate or ineffectual means o Legal impossibility of accomplishment
Employment of adequate or ineffectual means
Impossible Crime
Crime which would have constituted an offense against persons or property, Factual impossibility
were it not for the inherent impossibility of its accomplishment or on account Extraneous circumstances unknown to the actor or beyond his control
of the employment of adequate or ineffective means prevent the consummation of the intended crime
Requisites Example

12
o Putting hands inside coat pocket to steal but pocket is empty o Through the DOJ
Intod vs. CA o Statement as may be deemed proper
o Firing at room when no one was inside o Without suspending the execution of the sentence
o If attempted murder instead would render useless Art. 4 o When strict enforcement of the provisions of this code would
Jacinto vs. People result in the imposition of clearly excessive penalty
o Unlawfully taking a check meant for someone else with intent to o Taking into consideration the
gain or be unjustly enriched but the check bounced Degree of malice and
Injury caused by the offense
Legal impossibility
Occurs when the intended acts, even if completed would not amount to a Two scenarios
crime 1. After trial the court finds that the accused committed the act but there is no
Requisites law punishing it
o Motive, desire, and expectation is to perform an act in violation of a. Acquit
the law b. File report
o There is intention to perform the physical act c. Nullum crimen, nulla poena sine lege
2. After trial the court finds that the accused is guilty of the crime charged but
o The performance of such act
the penalty prescribed by law is clearly excessive
o The consequence does not amount to a crime
a. Apply the RPC
Example b. Recommend to the Chief Executive through the DOJ the reasons
o Killing a person who is already dead why the accused should be granted executive clemency
o Taking a cellphone without anothers consent but turned out to be c. Dura lex sed lex
his own cellphone d. People vs. Gutierez
i. Kidnapping and failure to return a minor
Inadequate means ii. Reclusion perpetua
Example e. People vs. Orifon
o Intent to poison, putting in soup arsenic but turns out to be i. Accused killed her father who raped her and got her
common salt pregnant
o Murdering a person who is already dead ii. Cadena Perpetua
f. People vs. Canja
Art. 5 Duty of the court in connection with acts which should be repressed but i. Suddenly awoke when a man was strangling her
which are not covered by law, and in cases of excessive penalties -- ii. Two blows of wood on the face
iii. The man was her husband

Acts, which should be repressed Lower courts have the duty to apply the law as interpreted by the SC
Whenever a court has knowledge of any act People vs. Santos
Which it may deem proper to repress o Against lower courts judge reasoning
Not punishable by law State opinion on the matter BUT
It shall render the proper decision and Must apply the law as interpreted by the SC
Report to the Chief Executive through DOJ Deviation unnecessary inconveniences, delays and
o Through the Department of Justice expenses to litigants
o The reasons, which induce the court to believe that the said act
Art. 6 Consummated, frustrated and attempted felonies.
should be made subject of penal legislation.
Consummated felonies, as well as those which are frustrated and tempted, are
Clearly excessive penalties punishable
Submit to the Chief Executive

13
blankets and soaked sacks and rags the house
Consummated them in gasoline and soaked with kerosene
When all the elements necessary for its execution and accomplishment are scattered throughout *Portion of the
present but Chief of Police *No integral part of building burned
intervened the building burned regardless of the part
Frustrated or whether
When the offender performs all the acts of execution which would produce extinguished
the felony but which, nevertheless, do not produce it by reason of causes Estafa Fraudulently Salesman received Manager of insurance
independent of the will of the perpetrator assuming authority to P7.50 from a buyer company deliberately
demand fees for the but didnt give it to concealed from a
Attempted BOF demanded and the cashier until client the suspension
When the offender commences the commission of the felony directly by tried to collect a deceit was od the companies
overt acts, and does not perform all the acts of execution which would certain amount but discovered license to conduct
produce the felony by reason of some cause or accident other than his own the complainant insurance business
spontaneous desistance could not pay the fee *Crime not realized and signed a policy
because of timely and received
Indeterminate state discovery premiums
State where the purpose of the overt acts committed by the accused is
*No damage or *There was fraud and
uncertain or indefinite
prejudice to the store deceit and damage
May or may not be for a criminal purpose
and or prejudice
Example Theft Accused opened car No frustrated theft Accused removed
o Middle of the night accused placed a ladder against the concrete to steal a laptop nine pieces of
perimeter fence of a homeowner and was arrested inside but was *The presumed hospital linen from a
If established that the purpose was to rob attempted apprehended before inability of the supply depot and
robbery he could get inside offenders to freely loaded them unto a
dispose of the stolen truck which was
Subjective phase property does not discovered in a
From the first act committed by the offender to begin the commission of the negate the fact that checkpoint
crime up to the last act over which he has control the owners have
Attempted stage already been *Momentary
deprived of their right possession sufficient
Objective phase to possession to consummate the
Passed the subjective phase crime.
Frustrated or consummated Exception
People vs. Dino and *Opportunity to
Desistance in attempted stage No attempt People vs. Flores dispose is not
necessary
Because of fear or remorse cease to continue
*it is enough that
Pardon which the law grants to voluntary repentance there is asportacion
or unlawful taking

Robbery Accused entered the Made an opening Thrust knife on


dwelling house or through the floor to woman in the street
Crime Attempted Frustrated Consummated another by cutting off steal sugar but was demanding to turn
Arson Gathering rags, cloth, Set fire to some jute Set fire to the roof of and forcibly breaking caught in the act of over her cellphone,

14
open the wire screen taking it out wallet and watch, Rape No penetration of the No frustrated rape Any penetration of
but police intervened which she did female organ the female organ is
*Nature and elements sufficient
*Unlawful taking otr and the manner od
asportacion taking execution, it is hardly Full or partial
of personal property conceivable how the penetration no matter
without consent and frustrated stage in how slight
intent to return or rape can ever be
animus revertendi committed

*Completed taking Exception


brought within the People vs. Erina
dominion and control Slight inflammation of
of the defendant the exterior parts of
the vagina
*No opportunity to
dispose not a
defense
Murder, Stabbed victim on There was intent to Victim dies Formula for Murder, Homicide, Infanticide, Parricide
homicide, chest twice with kill and infliction of Attempted Frustrated Consummated
infanticide, intent to kill but mortal wounds but w/ Wound MW + IK - D OA + D
paricide wounds not fatal did not result to death NMW + IK - D *If a person dies intent to
enough to cause of the victim due to kill is presumed
death timely medical
w/o Wound
attendance
OA + IK - D
*Wounds not enough
to produce death *There must be
Physical Injuries vs. M,H,I,P
medical testimony or
*No wound but else may be PI M,H,I,P
offender commenced attempted only No intent to kill Intent to kill present
commission of the Gravity or extent of wounds determine NMW or MW will determine whether it is
crime by overt acts *Belief that he killed whether serious, less serious or slight attempted or frustrated
Accused shot an the victim is
escaping victim who immaterial.
ran and was not hit Intent to kill
*Gravity of the Clear and convincing evidence
wounds is what Indicia
controls o Motive
o Nature of weapons
o Number of weapons
o Nature od wounds
o Number of wounds
o Manner of commission of crime
o Words uttered when inflicted

15
Act of lasciviousness Attempted rape Art. 7. When light felonies are punishable
No penetration No penetration Light felonies are punishable only when they have been consummated
No intent to have sexual intercourse With intent to have intercourse Exception: those committed against persons or property

*Raising of the skirt, throwing to the Light felony


ground, attempting to mount, pulling Infraction of law
pants/panty down Arresto menor or a fine not exceeding P200 or both
People vs. Abanilla Only principals and accomplices are criminally liable
Content with rubbing penis
against complainant without Why punishable only when consummated
inserting it into her privates Light, insignificant moral or material injury
So slight no need for providing a penalty at all
May a woman who is a victim of consummated rape remain to be a virgin?
Yes. Rape is consummated by penetration no matter how slight
Attempted or frustrated stage
Not punishable
o Except: Against persons or property

Art. 8 Conspiracy and proposal to commit felony


Punishable
o Only in cases in which the law specially provides a penalty
therefore

Conspiracy
When two or more persons come to an agreement concerning the
commission of a felony and decide to commit it

Proposal
When the person who has decided to commit a felony proposes its
execution to some other person or persons

Mere conspiracy punishable


RPC Special Laws
Treason CDDA
Rebellion Terrorism
Sedition Arson
Coup detat
Combinations and monopolies in restraint
of trade

Punishable proposals
Treason
Rebellion

16
Coup detat
Why conspiracy is generally not a crime In the absence of conspiracy, the accused shall be liable individually and only up to
Reprehensible act but as long as the conspirators do not perform overt acts, the extent of his participation in the commission of the crime
then the sovereignty of the state is not outraged and
The tranquility of the public remains undisturbed Proof beyond reasonable doubt is needed to prove the existence of conspiracy
Like any other element, the evidence of conspiracy must be clear and
convincing
Elements of a conspiracy Cannot be presumed
Agreement
Decision to commit The mere act of accompanying the accused does not make one a conspirator
Overt acts People vs. Varroga
o Though different, separate, and independent of each other, o Stabbing taxi driver demanding for earnings and threatening
indicate closeness, coordination or personal association as to companion to also stab the driver. The companion ran away.
show a People vs. Agda
Concerted action o Companion stabbed the person standing nearby
Common criminal design
Community of criminal purpose or joint criminal object Mere presence at the scene of the crime to shout to kill do not show conspiracy.
Accused is liable as an accomplice
Effect of conspiracy on criminal liability of the accused People vs. Rafael
Equally criminally liable o Father and two sons barging in the house with the father shouting
and the sons going on a hacking spree
Act of one act of all
In case of doubt, the accused shall be held liable only as an accomplice but not as a
Enough that the acts although separate and distinct from one another, must conspirator
indicate a personal association, close relation or connection with each other, People vs. Santiago
so as to show a concerted action, community of criminal purpose and a joint
o Mini cruiser hit a motorcycle with three people and motorcycle
criminal design or objective
driver shot the minivan driver.
Mere presence at the scene of the crime does not make one a conspirator. But if his
presence at the at the situs criminis is to provide moral support and reinforce the Note: If in a robbery, the driver of the van carrying the robbers instead took a taxi to go
aggression, then he may be liable as a conspirator to the hospital where his son was confine, he is NOT liable for conspiracy since there
was NO OVERT ACT on his part for the accomplishment of the crime.
Example
o Standing by with a gun to prevent other people to help
Art. 9. Grave felonies, less grave felonies and light felonies
Implied conspiracy
Conspiracy may be implied from the Grave felonies
o Acts committed, words, remarks or language by the accused Those, which the law attached the capital punishment or penalites, which in
before, during or after the commission of the crime any of their periods are afflictive, in accordance with Art. 25 of this code
Although different, must show closeness, coordination
and personal association with one another so as to Less grave felonies
point to, concerted action, common design, community Those, which the law punishes with penalties, which in their maximum
or criminal purpose and joint criminal objective period are correctional, in accordance with the above mentioned article.
Same purpose and were united in its execution
Example Light felonies
Doesnt matter who fired the gun as long as Those infractions of law the commission of which the penalty of arresto
theres conspiracy menor or a fine not exceeding 200 pesos or both is provided.

17
Legal period of duration of penalties
Grave felony
Reclusion perpetua Legal duration of the periods of divisible penalties under the RPC do not apply to
Reclusion temporal special penal laws
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification RPC
Prision mayor Affected by the ordinary mitigating, generic aggravating and alternative
circumstances provided by Art. 13, 14, 15.
Less grave felonies
Special penal laws
Prision correccional
Not divided into periods
Arresto mayor
Specified by the number of days, months and years
Suspension
No room for application of the legal effects of ordinary mitigating, generic
Destierro
aggravating and alternative circumstances
Light felonies
Arresto menor
Public censure

Art. 10 Offenses not subject to the provisions of this code JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES, WHICH EXEMPT
Offenses, which are or in the future may be punishable under special laws CRIMINAL LIABILITY
are not subject to the provisions of this code.
This code shall be supplementary to such laws, unless the latter should
specially provide. Art. 11 The following do not incur any criminal liability

General Rule 1. Anyone who acts in DEFENSE of HIS person or rights, provided that the
Offenses under special laws are not subject to the provisions of the RPC following circumstances concur:
RPC supplementary only to special laws unless the latter provides the a. Unlawful aggression
contrary b. Reasonable necessity of the means employed to prevent or repel
it
Provisions of the RPC given supplementary effect to violations of special penal laws c. Lack of sufficient provocation on the part of the person defending
Conspiracy in violation of B.P. 22 himself
2. Anyone who acts in DEFENSE of the person or rights of his S, A, D or
Principals, Accomplices, Accessories in violation of the Migrant Workers Act
legitimate, natural or adopted B or S or of his relatives by affinity in the same
Article 22 to violations of the Election Law degree, provided that the first and second requisites prescribed in the next
Subsidiary imprisonment in violation of B.P. 22 proceeding circumstance are present, and the further requisite, in case of
Article 45 confiscation and forfeiture of the subject, effect and instruments of provocation was give by the person attacked, that the one making the
the crime was applied to the violation of the Opium Law defense had no part therein
Art. 100 of the RPC which provides that a person criminally liable shall also 3. Anyone who acts in DEFENSE of the person or rights of a STRANGER
be criminally liable provided that the first and second requisites mentioned in the first
circumstance of this article are present and that the person defending be not
Provisions, which do NOT apply to violations of special penal laws induced by revenge, resentment or evil motive
Mitigating, aggravating and alternative circumstance 4. Any person who in order to AVOID AN EVIL OR INJURY, does an act which
Rules in fixing the minimum, medium, maximum period of a given penalty causes damage to another, provided that the following requisites are
present
Graduated scale of penalties under the RPC
a. That the evil sought to be avoided actually exists

18
b. That the injury feared be greater than that done to avoid it
c. That there be no other practical and less harmful means of Requisites
preventing it 1. Unlawful aggression
5. Any person who acts in the fulfillment of a DUTY or in a lawful exercise of a 2. Reasonable necessity of the means employed to prevent or repel it
RIGHT or OFFICE 3. Lack of sufficient provocation on the part of the person defending himself
6. Any person who acts in obedience to an ORDER issued by a superior for
some lawful purpose Scope
Defense of ones
o Life
Justifying Circumstance o Person
Relieves the accused of his criminal and civil liabilities o Honor
o Except o Property
Avoidance of injury o Rights
No criminal liability but there is civil liability which shall
be shouldered y the persons benefitted in proportion to Use of reasonable force to prevent an invasion or usurpation of ones property under
the benefit received the doctrine of self-help provided by Art. 429 of the NCC
No criminal intent no crime and no criminal The owner or lawful possessor has the right to exclude any person from the
enjoyment and disposal thereof
Prosecution has the legal duty to prove guilt of the accused beyond reasonable doubt He may use such force as may be reasonably necessary to repel or prevent
Rely on the strength of his own evidence and not on the weakness of the an actual or threatened unlawful physical invasion or usurpation of his
defense property
If not proven acquittal An attack against the property must be coupled with an attack against ones person
that will imperil his own life and limb
However the rule changes when the accused invokes justifying circumstances Shot man carrying bundle on his shoulder believing it to be his palay.
Burden is shifted to the defense to prove by clear and convincing evidence Shouted for the man to stop. The man didnt. So he shot him
the justifying circumstance that he is relying on as his defense Defense of property is not as important as the right to life
The defense of justifying circumstance cures whatever weakness the Must be couples with attack on the person in possession of such property
evidence of the for the prosecution may have
Unlawful aggression
Reasons why the accused must first admit the act complained of before he can invoke Sudden, unprovoked, and unlawful attack which places a persons life and
justifying circumstance limb in danger, which is actual, real or imminent
Must first admit the act because he cannot deny the act and then claim in Example
his defense that he committed the act but did so under a justifying o Act of a person armed with a bladed weapon pursuing another
circumstance
Time when it UA must be present
o Must be a continuing circumstance or must have been existing at
Anyone who acts in DEFENSE of HIS person or rights, provided that the following
circumstances concur: the time the defense is made
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it Imminent danger to ones life and limb
3. Lack of sufficient provocation on the part of the person defending himself The reasonable necessity of the means employed to repel and prevent the
attack depends upon the imminent danger or injury, not the hard actually
Rationale done to the accused.
Justification on mans instinct to protect, repel and save his person or rights
from impending danger or peril Mere imaginary, speculative or fanciful danger does not constitute unlawful aggression
Impulse of self-preservation Aggression must be real and not just imaginary

19
Necessary that an attack or material aggression, an offensive act positively
determining the intent of the aggressor to cause the injury shall have been A person who voluntarily joins a fight cannot claim self defense because there is no
made unlawful aggression
One who agrees to engage in a fight cannot plead self-defense because
Slap on the face constitutes unlawful aggression there is no unlawful aggression
It is a physical assault coupled with willful disregard to ones personality
Defense of ones honor
In UA, the act of the deceased should be positively strong as to indicate his wrongful Stabbed assailant trying to have carnal knowledge with her with the bolo the
intent and not merely a threatening attitude married woman carried
Paramour caught in adultery with wife cannot invoke self-defense. Deceased husband
There is no more right to kill the victim when the aggression has ceased. If the had the right to defend his honor
aggressor was still is wounded or killed, it is no longer defense, rather it is retaliation
Example Defense of ones home, wife, children
o The aggressor was already disabled or disarmed Man screaming/bolo thrusts in wall of coconut palm trees in his home
o The aggressor already ran away
o The aggressor flees Mere act of drawing a gun does not constitute unlawful aggression, unless it is pointed
o Except to a target
Fled to a more advantageous position or to take higher Not put in real peril the life or personal property or safety of the accused
ground aggression is still continuing There must be an actual, sudden and unexpected attack or imminent
Why? danger not merely a threatening or intimidating attitude
o No more danger to the life or limb of the accused Exceptions
o If pointed at target
No self-defense when there is no aggression in the second stage of the flight Note: Nacnac vs. People
Example o Warning shot of superior was unheeded, as he reached for his
o When the accused pursued the already wounded aggressor who gun he was shot by his superior
fled (two stages) o As a police officer he was trained to shoot quickly and accurately

Unlawful aggression continues when the deceased uses another weapon after his first Reasonable necessity to prevent or repel the aggression
weapon was wrestled by the accused from him
Reasonable means
Unlawful aggression must come from the person who was attacked by the accused Not need to be MATERIALLY COMMENSURABILITY
Must come directly or indirectly from the person who subsequently attacked Sufficient that there is EQUIVALENCE
the accused Factors
When author of the aggression is unknown o Presence of IMMINENT DANGER
o Such element of self defense cannot be considered present o INSTINCT, more than reason
o NATURE and quality of the weapon
Agreement to flight o EMERGENCY exposed to
Cannot invoke self defense o SIZE and physical character of the aggressor
UA becomes merely an incident in the fight which is bound to arise from one
or the other combatant Duty of a police officer to stand ground and not to give him opponent an opportunity
Immaterial who attacks or receives the wound first for a fair and equal struggle

Aggression before the stipulated time or place is unlawful The nature, number, location and extent of the wounds of the deceased may belie the
Contrary to all sense of loyalty and fair play claim of self-defense

20
Other physical evidence may belie claim of self-defense
Gun still tucked in waistband
Victim was not armed
Disparity of injuries suffered
Was not in a position to put up any kind of defense

Lack of sufficient provocation of the part of the person defending himself

Sufficient
Adequate to steer one to its commission
Provocation VAWC
Any unjust, improper conduct or act of the offended party capable of
exciting, inciting or irritating anyone Violence against women and their children
Any act or series of acts committed by any person against a woman who is
Sufficient provocation must not come from the person defending himself o His wife
Provoking an imaginary commission of a wrong in the mind of her husband o Former wife
is not sufficient provocation o With whom the person has had a sexual or dating relationship
o Wife caroling to earn some money for their child was strangled by o With whom he has a common child
her husband. Grabbed weapon within her reach o Against her child whether legitimate or illegitimate within or
without the family abode which is likely to result in
Mere uttering of words if you do not agree, beware, does not constitute sufficient
Physical
provocation
Sexual
Covering the movie screen while the viewer is watching does not constitute sufficient Psychological harm or suffering
provocation Economic abuse such as
Battery
Retreat to the wall doctrine Assault
Retreat as far as he can before he is justified in meeting force with force Coercion
No longer followed Harassment
Arbitrary deprivation of liberty
Stand ground when in the right o It includes but is not limited to
A true man who is without fault, is not obliged to fly from an assailant, who Physical violence
by violence or surprise, maliciously seeks to take his life or do him Bodily or physical harassment,
enormous bodily harm Sexual violence
Admission that he killed the deceased is only an admission of fact not an admission of Rape, sexual harassment, acts of
guilt lasciviousness
He does not lose the constitutional presumption of innocence because he Causing or attempting o cause the woman to
may still prove the elements of self defense engage in sexual activity
Admission of guilt Prostitution
o Loses his presumption of innocence Psychological violence
o Court may render judgment of conviction based on such Mental or motional suffering
admission Economical abuse
Make a woman financially dependent

21
Battery Ex parte
Act of inflicting physical harm upon the woman or her child o Permanent Protection Order
After notice and hearing
Battered Woman Syndrome If unable to issue within 1 day, may continuously extend
Pattern of psychological and behavioral symptoms found in women living in or renew the TPO for a period of 30 days
battering relationships Violation
Four characteristics o Contempt of court
o Believes that the violence was her fault Who may file
o Inability to place the responsibility elsewhere Offended party
o Fears for her life and her childrens lives Parents or guardians
o Irrational belief that the abuser is omnipresent and omniscient Ascendants, descendants, collateral relatives within the fourth civil degree
DSWD or social workers or LGUs
Dating relationship Police officers
Situation wherein the parties live as husband and wife without the benefit of
Punong Barangay, Barangay Kagawad
marriage or
Lawyer, counselor, therapist, healthcare provider
Romantically involved overtime
At least 2 concerned responsible citizens of the city or municipality where
Not a casual acquaintance or ordinary socialization
the violence against women and their children occurred
Sexual relationship
Battered Woman Syndrome as a Defense
Single sexual act which may or may not result to the bearing of a common
Not incur any criminal or civil liability notwithstanding the absence of any of
child
the elements for justifying circumstances of self-defense under the RPC
Assisted by psychiatrists/psychologists
Children
Below 18 years or
Battered woman
Older but are incapable of taking care of themselves
A woman who is repeatedly subjected to any forceful physical or
psychological behavior by a man in order to coerce her to do something he
Venue
wants her to do without concern for her rights
RTC designated as Family Court shall have original and exclusive
Must go through the battering cycle at least twice
jurisdiction over cases of violence
If none
Prohibited Defense
o RTC where the crime or any of its elements was committed at the Alcohol
option of the complainant
Illicit drug
Protection Orders Other mind altering substance
An order issued for the purpose of preventing further acts of violence
People vs. Genosa
against a woman or her child
Four characteristics
Application verified under oath
o Believes that the violence was her fault
Independent action or incidental relief
o Inability to place the responsibility elsewhere
May be
o Fears for her life and her childrens lives
o Barangay Protection Order
o Irrational belief that the abuser is omnipresent and omniscient
Effective for 15 days
Cycle of violence
Ex parte
o Tension building
o Temporary Protection Order
Minor battering occurs
Effective for 30 days

22
o Acute battering incident
Brutality, destructiveness and sometimes, death Ascendants
o Tranquil period Relatives by blood in the direct ascending line
Profound relief of the couple
Descendants
Relatives by blood in the direct descending line

Anyone who acts in DEFENSE of the person or rights of his S, A, D or legitimate, Legitimate, natural or adopted brother or sister
natural or adopted B or S or of his relatives by affinity in the same degree, provided Legitimate share the same father or mother such as by a lawful marriage
that the first and second requisites prescribed in the next proceeding circumstance are Natural share parents who are not lawfully married
present, and the further requisite, in case of provocation was give by the person Adopted judicial adoption
attacked, that the one making the defense had no part therein.
Relatives by affinity within the same degrees
Requisites Related by reason of marriage
Unlawful aggression
Reasonable necessity of the means employed to prevent or repel it Relatives by consanguinity within the fourth civil degree
In case provocation was given by the person attacked, the person defending Parents
has no part therein Grandparents
Uncle or aunt
There should be unlawful aggression
First cousins
People vs. Aganipay
o Injurious words or threats does not constitute unlawful aggression
Note: Cases in book
Must establish by clear and convincing evidence the presence of all the
requisites Anyone who acts in DEFENSE of the person or rights of a STRANGER provided that
the first and second requisites mentioned in the first circumstance of this article are
Reasonable necessity of the means employed to prevent or repel the aggression present and that the person defending be not induced by revenge, resentment or evil
Same as in self defense motive
Lack of provocation on the part of the person defending
Olbinar vs CA Requisites
o Wife used a bolo against attackers on prostate husband Unlawful aggression
Reasonable necessity of the means employed to prevent or repel it
Relative who may be defended: The person defending be not induced by revenge, resentment or other evil
Spouse motive
Ascendants
Descendants Stranger
Legitimate, natural or adopted brothers or sisters Not included in the term relatives
Relatives by affinity within the same degrees
Relatives by consanguinity within the fourth civil degree Concept of unlawful aggression and reasonable necessity of the means employed to
prevent or repel it the same as in self-defense
Spouse
The person defending be not induced by revenge, resentment or other evil motive
Lawful or legitimate spouse
Note: cases in book
Even if there is legal flaw as long as no judicial declaration of nullity of the
marriage
Includes those legally separated

23
Any person who in order to AVOID AN EVIL OR INJURY, does an act which causes Obedience to an illegal order of a superior is not justifying
damage to another, provided that the following requisites are present
That the evil sought to be avoided actually exists Order to falsify documents is illegal
That the injury feared be greater than that done to avoid it Both persons must act within the limitations prescribed by law
That there be no other practical and less harmful means of preventing it
Order to torture a civilian is illegal
Requisites People vs. Margen
The evil sought to be avoided actually exists o Fuckers beat up and forced a man to eat raw fish who traded the
Injury feared be greater than that done to avoid it fish for their consumption for kamote for his children. Tangina
No other practical and less harmful means of preventing it niyo, mabulok kayo sa kulungan putangina.
The evil or injury sought to be avoided must not be caused by the
Order by a military officer addressed to a subordinate to immediately execute the
negligence or imprudence of the accused, nor must it be the result of any death penalty is illegal
violation of the law
People vs. Bernadez
o Memo from lieutenant to execute immediately Gabriel.
Thrusting an umbrella which hit the husbands eye to prevent her sons head from
being crushed by the door is justified

Any person who acts in the fulfillment of a DUTY or in a lawful exercise of a RIGHT or Art. 12 Circumstances which exempt from criminal liability
OFFICE 1. An imbecile or an insane person, unless the latter has acted during a lucid
interval:
Requisites 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
In the performance of a duty or in the lawful exercise of a right or office
hospitals or asylums established for persons thus, afflicted, which he shall
The injury caused or the offense committed was a necessary consequence not be permitted to leave without first obtaining the permission of the same
of such lawful exercise court.
The fulfillment of a duty or the lawful exercise of such right or office must be 2. A child 15 years old or under at the time of the commission of the offense,
done within the limits of the law. There should be no imprudence, neglect or however, the child shall be subjected to an intervention program under Sec.
abuse in the fulfillment of duty or exercise of such right or office 20 of RA 9344
3. A child above 15 years old but below 18 at the time of the commission of the
Only absolute necessity can authorize a prison guard to fire a gun against escaping offence who shall be subject to an intervention program under Sec. 20 of RA
prisoners 9344 unless he acted with discernment in which case such child shall be
People vs. Lagata subjected to appropriate diversion proceedings under Sec 23-31 of RA 9344
o Not justified in shooting prisoner trying to escape when asked to 4. Any person who while performing a lawful act with due care, causes injury
gather gabi by mere accident without fault or intention of causing it
5. Any person who acts under the compulsion of irresistible force
Performance of duty does not include murder 6. Any person who acts under the impulse of an uncontrollable fear of an equal
That the accused is a trouble maker in town is not an excuse or greater injury
7. Any person who fails to perform an act required by law, when prevented by
Any person who acts in obedience to an order issued by a superior for some lawful some lawful or insuperable cause
purpose
Requisites Exempting Circumstance
o Order must be lawful Frees the offender from criminal liability but does not relieve him of civil
o From a superior liability
o For a lawful purpose + crim but civ
Except

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o Par 4 (while performing a lawful act) Not continuous Continuous
o No criminal or civil liabilities Exempted unless under a lucid interval Exempted at all times
Offender is deprived of intelligence or freedom
Technically there is a crime committed, but only civil liability exists Level of imbecility or insanity
At the time of committing the crime, must be completely deprived of
Justifying Circumstance Exempting Circumstance o Reason
No criminal nor civil liability except Par. 4 No criminal liability only civil liability o Discernment
where there is civil liability except in Par. 4 where there is also no o Freedom of the will
civil liability
No crime, no criminal There is a crime, but there is no criminal Presumption of dainty
No criminal intent No intelligence or freedom Burden of proof lies on the person who pleads the exempting circumstance
Law presumes that every person is of sound mind in the absence of proof to
Accused has the burden of proving by clear and convincing evidence the exempting the contrary
circumstance that he is invoking as his defense
Circumstantial evidence is sufficient to overthrow the presumption of sanity
An imbecile or an insane person, unless the latter has acted during a lucid interval: Permissible to receive evidence of the condition of his mind a reasonable
When the imbecile or an insane person has committed an act which the law defines as period before and after that time
a felony, the court shall order his confinement in one of the hospitals or asylums Direct testimony is not required
established for persons thus, afflicted, which he shall not be permitted to leave without
Must be clear and convincing
first obtaining the permission of the same court.
Insanity should exist at the time the crime is committed
Insanity
Immediately preceeding or during the commission
A manifestation in language or conduct of disease or defect of the brain, or
a more or less permanently diseased or disordered condition of the Not before or after the commission of the crime
mentality, functional or organic, and characterized by perversion, inhibition,
or disordered function of the sensory or of the intellectual faculties or by The following had been held to be exempting
impaired disordered volition Epilepsy
No definite test or criterion Somnambulism or sleepwalking
Evidenced by deranged and perverted condition of the mental faculties While in a dream
which is manifested through language or conduct Temporary insanity caused by malignant malaria
Schizophrenia
Imbecility o It depends
Analogous to childishness and dotage o Provided that it completely deprives the accused of freedom of
Deprived completely of reason or discernment or freedom of will at the time the will, reason and discernment
of committing the crime Dementia praecox
In his advance age has a mental development comparable to that of o Similar to those of manic-depressive psychosis
children 3-7 years of age o Mind appears to be deteriorated because he has no control
Mentally defective person of the second lowest order of intellectual potential whatever of his acts
usually requiring custodial and complete protective care Not exempting
Mental deficiency either congenital or resulting from an obstacle to the Mere weakness of the mind or mental faculties
development of the faculties Feeblemindedness
o Could still distinguish right from wrong
Insanity Imbecility Mere abnormality of mental faculties
Temporary Permanent Insanity brought by intoxication

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Amnesia Rehabilitation
Eccentricity or abnormality of behavior Re-integration
Temporary insanity After care to ensure their normal growth and
Schizophrenia development
o It depends
o Not every aberration of the mind or mental deficiency constitutes Best interest of the child
Insanity Totality of circumstances which are most congenial to the survival,
protection and feelings of security of the child and most encouraging to the
Confinement in hospital or asylum if accused is insane child physical, psychological and emotional development
Shall not be permitted to leave without the permission of the court
Restorative justice
Crimes committed by a child in conflict with the law Principle which requires a process of resolving conflicts with the maximum
Under 18 and alleged to have committed an offense under Philippine laws involvement of the victim, the offender and the community
o Reparation of the victim
o Reconciliation of the offender and offended to the community and
A child 15 years old or under at the time of the commission of the offense, however, o Reassurance to the offender that her can be reintegrated to the
the child shall be subjected to an intervention program under Sec. 20 of RA 9344 society

Child Offense
Under 18 years Act or omission punishable by special laws or the RPC

Types of child protected under RA 9344 Status offenses


Child at risk Offenses which discriminate only against a child, while an adult does not
Child in conflict with the law suffer any penalty for committing similar acts
o Curfew
Child at risk o Truancy
A child vulnerable to and at the risk of committing criminal offenses because o Parental disobedience
of personal, family and social circumstances such as but not limited to
o Abuse Victimless crimes
o Exploitation No private offended party
o Abandoned or neglected
o Dysfunctional or broken family RA 9344 applies to all offenses, regardless of their nature
o Out of school Court should not distinguish and should apply the automatic suspension of
o Streetchild the sentence to a child in conflict of the law who has been found guilty of a
heinous crime
o Member of a gang
o High level of criminality or drug abuse and
Offenses, which a child in conflict with the law may not be liable for
o Living in situations of armed conflict
Vagrancy and prostitution
Juvenile and justice welfare system
o Vagrancy has been decriminalized
System dealing with children at risk and children in conflict with the law
o Mendicancy
which provides
o Sniffing of rugby
o Child appropriate proceedings
o Status offenses
o Programs and services for
Prevention
Diversion

26
Crimes which a child in conflict with the law cannot be held guilty of for failure to o Separate from adult offenders and that of opposite sex
acknowledge the case under sec 43 of RA 9344 Record initial investigation
Perjury Ensure that all statements signed by the child was witnessed by the parents
Concealment or guardian, social worker or legal counsel in attendance who shall affix his
Misrepresentation signature
Shall only be searched by an officer of the same gender and shall not be
Exemption from criminal liability does not include exemption from civil liability locked up in a detention cell

Diversion program If parents, guardians or nearest relative cannot be located or if they refuse to take
Program a child in conflict with the law is required to undergo after he, she custody
is found responsible for an offense without resorting to formal court NGO or religious organization
proceedings Barangay official or member of Barangay Council for protection of children
Social welfare officer
Intervention DSWD
Series of activities which are designed to address issues that caused the
child to commit an offense
o Counseling A child above 15 years old but below 18 at the time of the commission of the offence
o Skills training who shall be subject to an intervention program under Sec. 20 of RA 9344 unless he
o Education acted with discernment in which case such child shall be subjected to appropriate
o Other activities that enhance his psychological, emotional and diversion proceedings under Sec 23-31 of RA 9344
psychological well being
Law presumes that the child acted without discernment
Initial contact defined No criminal liability
Apprehension or taking into custody by law enforcement officers or private Intervention program
citizens Criminally liable only upon rebuttal of the presumption by proof that he acted
Includes the receipt of a subpoena or summons with discernment

Duties of a law enforcement officer upon taking a child in conflict with the law into Legal effects if acted with discernment
custody Criminally liable
Explain why Diversion program
Inform of rights in language understood by him/her No court proceedings
Properly identify himself and present proper identification If imposable penalty is not more than 6 years imprisonment
Refrain from vulgar or profane words o Punong Barangay andlocal social welfare will develop deviersion
Avoid displaying firearm, handcuffs or other instruments unless absolutely program
necessary More than 6 years
Refrain from subjecting to greater restraint than is necessary o Court will determine diversion measures
Avoid violence or unnecessary force
Determine the age of the child Discernment
Immediately but not later than 8 hours turn over custody of the child to the Capacity to understand the difference between right and wrong
Social Welfare and Development Office or other NGO and notify the childs Before and during the commission and after and even during the trial
apprehension
Take the child to a medical and health officer for physical or mental Circumstances that show discernment
examination Ran away
Detention Went into hiding

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Consistent honor student and garnered several academic awards Lawful act

Automatic suspension of the sentence Dual standards of accident in death-related cases


If found guilty Exemption from criminal liability arises from a finding that the harm was not
o Court shall ascertain criminal liability due to the fault or negligence of the accused but to circumstances that could
o Suspended sentence without need of application not have been foreseen or controlled
o Still be applied if 18 years or more at the time of the
pronouncement of his sentence Accident Negligence
Fortuitive circumstance, event or Failure to observe for the protection of
Retroactive application of RA 9344 to a child convicted or serving sentence before its happening the interest of others that degree of care,
effectivity precaution and vigilance which the
Sentences shall be adjusted and shall be immediately released if they are circumstances justly demand without
so qualified under RA 9344 or other applicable laws which the other person suffers an injury
Without human agency or if wholly or
Full credit of actual detention to service of sentence partly with human agency unusual or
Credited in the services of his/her sentence with the full time spent in actual unexpected
Intrinsically contradictory
commitment and detention

A child in conflict with the law may apply for probation in lieu of imprisonment under Similarity among all the justifying circumstances, accident and lawful or insuperable
the Probation Law of 1976 cause
Court may place the child in probation in lieu of service of sentence taking Based on lack of criminal intent
into account the best interest of the child

The automatic suspension cannot be given retroactive effect if the child reaches 21 Self-Defense Accident
years of age or over because he is no longer a child entitled to protection under RA Justifying Exempting
9344 Premeditated intent to kill No intent to kill
Below 18 automatic suspension of sentence Voluntariness induced by necessity Lack of intent
Provided that when the child reaches 18 the court shall determine whether
to Circumstances that negate the claim of self-defense
o Discharge the child Flight from the scene
o Execute the sentence Failure to inform authorities
o Extend the suspended sentence for a specified period or until the Failure to surrender the knife to authorities
child reaches the maximum age of 21
If reached 21 or over Any person who acts under the compulsion of irresistible force
o Could no longer be considered as a child under RA 9344
Degree of force required to be exempted
So formidable as to reduce the actor to a mere instrument who acts not
Any person who while performing a lawful act with due care, causes injury by mere without will but against his will
accident without fault or intention of causing it
Requisites Compulsion of irresistible force is not available if the accused had an opportunity to
escape and protect himself
o Performing a lawful act
Must leaven no opportunity to the accused for escape or self defense
o With due care
o Causes injury to another by mere accident
A person who invoked the exempting circumstance must prove it by clear and
o Without fault or intention of causing it
convincing evidence

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Any person who acts under the impulse of an uncontrollable fear of an equal or flagrante delicto by the peace officer
greater injury No bar to prosecution and conviction Defendant would have to be acquitted
Requisites Trap from the unwary criminal Trap for the unwary innocent
o Existence of uncontrollable fear
o Fear must be real and imminent Buy-bust operation is a form of entrapment
o Injury is greater or at least equal to that committed Must be carried out with legal and constitutional circumspection
Manner in which the initial contact between the poseur-buyer and the
Degree of fear required alleged pusher was made is material in determining whether there was
The duress, force, fear or intimidation must be present as to induce a wall entrapment or instigation
grounded apprehension of death or serious bodily harm if the act be done
Must promise grave results Nature of instigation as a defense
Crime threatened must be greater than or at least equal to that we are Absolutory cause
compelled to commit Defendant would have to be acquitted
Instigator practically induces the would be accused into the commission of
Fear or duress must be based on real, imminent fear or ones life and limb the offense which he otherwise would not commit and has no intention of
Not inspired by speculative, fanciful or remote fear committing
o Speculative fear is not uncontrollable fear
Violated BP 22 feared mothers health would deteriorate Details of buy-bust operations must be clearly and adequately shown in court
due to inhumane treatment of the hospital Start with initial contact, the offer to purchase, the promise or payment of
consideration, until the consummation of the sale must be subject to the
Must prove his defense by clear and convincing evidence strict scrutiny of the courts

Any person who fails to perform an act required by law, when prevented by some Two tests for entrapment
lawful or insuperable cause Subjective test
That is, by some motive which has lawfully, morally, physically prevented o Intent or predisposition of the accused
one to do what the law commands Objective test
o Particular conduct of the law enforcement officials or their agents
Weak physical condition prevented a mother from taking home her newly born child and the accused disposition becomes irrelevant
o Act is evaluated in the light of the standard of conduct exercised
Long journey by boat to the court is an insuperable cause by reasonable persons generally and whether such conduct falls
below the acceptable standard for the fair and honorable
admission of justice
Entrapment Instigation o Details of the purported transaction must be clearly and
Employment of such ways and means for Intent originates from the mind of the adequately shown
the purpose of trapping or capturing a instigator and the accused is lured into o Followed by the courts
lawbreaker the commission of the offense charged in
order to prosecute him Instigation Frame-up
Instigator practically induces the would
Crime is actually performed but the intent Offense is not committed by the accused
be accused into the commission of the
originates from the mind of the instigator
offense and himself becomes a co-
False accusation
principal
Cannot be present concurrently
Criminal intent originates from the Criminal
accused
Absolutory cause defined
Ways and means are resorted to for the Could not and would not have been
purpose of capturing the lawbreaker in committed were it not for the instigation

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Where the act committed is a crime but for reasons of public policy and
sentiment there is no penalty imposed
Examples
Spontaneous desistance during the attempted stage
Light felony in attempted or frustrated stage except in crimes against
persons or property
Accessories in light felonies
Certain accessories
Grounds for total extinguishment of criminal liability
Legal grounds for detaining another
Less serious physical injuries or slight physical injuries inflicted under
special circumstances
Certain relatives in theft, estafa or malicious mischief
Express pardon by the offended party in adultery, concubinage, seduction,
abduction or acts of lasciviousness
Marriage of the offender with the offended party In seduction, abduction or
acts of lasciviousness
Legal grounds for entering anothers dwelling
In rape and sexual assault where the husband is the offender, the
subsequent forgiveness by the wife as the offended party shall extinguish
the criminal action or the penalty imposed
In rape and sexual assault, the subsequent valid marriage between the
offender and the offended party shall extinguish the criminal action or the
penalty imposed

CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Art. 13 Mitigating Circumstances the following are mitigating circumstances

30
1. Those mentioned in the preceding chapter, when not all the requisites By degree By period
necessary to justify the act or to exempt from criminal liability in the Cannot be offset by a generic Can be offset by a generic aggravating
respective cases are not attendant aggravating circumstance circumstance
2. A child above 15 but below 18 years of age at the time of the commission of
the offense who acted with discernment, in which case he shall be subjected Mitigating Exempting
to appropriate diversion programs under Sec. 23-31 of this act There is a crime and criminal There is a crime but no criminal because
no voluntariness
The offender is over seventy years
3. The offender had no intention to commit so grave a wrong as that Examples of Privileged mitigating circumstance
committed Incomplete justifying circumstance Always with UA
4. The sufficient provocation or threat on the part of the offended party
Incomplete exempting circumstance Always with UA
immediately preceded the act
5. That the act was committed in the immediate vindication of a grave offense Child in conflict 15-18 and acted with discernment
to the one committing the felony, his spouse, ascendants, descendants, Two or more mitigating and no aggravating circumstance the court shall
legitimate, natural, adopted brothers or sisters or relatives by affinity within impose the penalty next lower to that prescribed by the law
the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have Privileged mitigating circumstance in particular crimes
produced passion or obfuscation Slight illegal detention
7. That the offender had voluntarily surrendered himself to a person in o If release within 3 days without attaining its purpose and without
authority or his agents, or that he had voluntarily confessed his guilt before commencing criminal proceedings against him
the court prior to the presentation of the evidence for the prosecution Guilty of adultery
8. That the offender is deaf and dumb, blind or otherwise suffering some o If committed while being abandoned without justification
physical defect which thus restricts his means of action, defense, or
communication with his fellow beings Examples of Ordinary mitigating circumstance
9. Such illness of the offender as would diminish the exercise of the will power Over 70 years
of the offender without however depriving him of the consciousness of his
Lack of intent to commit so grave a wrong
acts
10. And, finally, any other circumstance of a similar nature and analogous to Immediate vindication
those above mentioned Passion or obfuscation
Voluntary surrender
Mitigating circumstance Voluntary confession
Circumstance which if present during the commission of a felony, reduces Deaf and dumb, blind or otherwise suffering some physical defect
the penalty to be imposed either by Illness diminishes the exercise of will-power without depriving him of the
o Degree Privileged mitigating circumstance or consciousness of his acts
o Period Ordinary mitigating circumstance Other circumstances of similar nature or analogous to those mentioned
Basis
o Reduces the accused 1. Those mentioned in the preceding chapter, when not all the requisites necessary
Free will to justify the act or to exempt from criminal liability in the respective cases are not
Intelligence attendant
Criminal intent
Kinds Effects
o Privileged mitigating by degree Reduces the penalty by one or two degrees lower than that prescribed
o Ordinary mitigating by period by law
o Provided, that majority of the conditions required to justify
Privileged Ordinary the same or to exempt the same are present

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Self Defense, defense of relative, defense of stranger When child may not be subjected to diversion
There must always be UA with element number 2 or 3 o Not qualified
UA must be continuing o Parents/guardian does not agree
Cursing and shouting not UA o Prosecutor determines diversion is not appropriate

Attack against property must be coupled by attack against the person The offender is over 70 years old
Ordinary mitigating
2. A child above 15 but below 18 years of age at the time of the commission of the
offense who acted with discernment, in which case he shall be subjected to Non-imposition of the death penalty prior to enactment of RA 9346 if over 70
appropriate diversion programs under Sec. 23-31 of this act Lowered to reclusion perpetua
No death penalty at the present
Basis
o Diminution of intelligence 3. The offender had no intention to commit so grave a wrong as that committed
Nature Basis
o Privileged Reduced by degree o Diminution of criminal intent
o Lesser criminal perversity
Diversion program Nature
Program a child is required to undergo after being found responsible without o Ordinary mitigating Reduced by period
resorting to formal court proceedings
Conditions Internal state of mind can be shown only by external circumstances such as:
o Imprisonment not more than 6 years Kind of weapon
Law enforcement officer or Punong Barangay with the Mode of attack
assistance of the local social welfare shall conduct Nature of the injury
Mediation, family conferencing, conciliation Part of the body injured
and conflict resolution
Location of the wound
o Victimless crimes with imprisonment of not more than 6 years
Number of wounds
Local social welfare and development officer
o Exceed 6 years Manner the wound is inflicted
Diversion measure resorted to only by the court Attitude of the mind when the accused attacked the victim
o Father tied sons and battered his sons
Conducted at the Katarungang Pambarangay, police investigation, inquest
or preliminary investigation stage and at all levels and phases of the
proceedings including judicial level Should exist at the particular moment the accused executes or commits the criminal
act
Conferencing, mediation, conciliation
Not his intention during the planning stage
o May be outside the criminal justice system
Example
Contract of diversion
o Robbery. Only planned to rob but because of victims resistance
o If the child voluntarily admits, such admission shall not be used
became robbery with homicide
against the child in any subsequent judicial, quasi-judicial or
administrative proceedings
May be compatible with the felony of murder
Diversion proceedings
Qualifying circumstance attending the commission of the crime and not the
o Completed within 45 days
state of mind of the accused
o Period of prescription of the offense shall be suspended until the
completion of the diversion proceedings Not available as a defense in violation of the Anti-Hazing Law
Period of the prescription of the offense shall be suspended during the Malum prohibitum
effectivity of the diversion program but not exceeding a period of 2 years

32
Intent immaterial Infidelity of the wife
Cannot be appreciated with negligence or carelessness Accusation of stealing jackfruits
Kicking the accused on his chest prior to the stabbing
Cannot be appreciated with aberration ictus Hit accuseds eye with his fist before the fight
There is intent
Criminal liability is incurred by any person although the wrongful act done be No provocation to pursue or further attack the deceased
different that which he intended
Must immediately precede the crime
Cannot be appreciated in mistake of identity or error in personae Take note of People vs. Libria
There is intent o Killed the man after 7 days after the boxing incident
o Falls under other analogous circumstance since he was an ex-
Means employed and the weapon used may defeat the claim of lack of intent to soldier who was very well respected
commit so grave a wrong as that committed Lapse of 24 hours
o Cannot be deemed to have immediately preceded the crime
An intervening ailment may lend credence to the accused claim of lack of intent to
Had almost a day to mull over the alleged threat or
commit so grave a wrong as that committed
provocation
Man kept punching him so he hit a beer bottle at the bottom of his head, the
11:00am to 5:30pm same day
man went home and died of myocardial infarction
o Not immediately or proximately follow the supposed sufficiently
Physical injuries could not have resulted naturally and logically to the actual
insulting and provocative remark
death of the homicide victim, if the latters heart were in good condition
The mitigating circumstance of passion or obfuscation, sufficient provocation
4. The sufficient provocation or threat on the part of the offended party immediately
immediately preceding the crime and vindication of a grave offense should be
preceded the act
considered only as one mitigating circumstance
Basis
All arose from one and the same incident
o Diminution of free will
Cannot be appreciated separately if they arise from the same facts
Nature
Except
o Ordinary mitigating reduce by period
o When they arise from a different set of facts
Provocation Elopement case
Sufficient
Provocation not coming from offended party but from another person not mitigating
Immediately precede the act
Example
o No interval of time between the provocation and the commission
o Did not come from the murder victim but his mother
of the crime by the person provoked
5. That the act was committed in the immediate vindication of a grave offense to the
Sufficient provocation in incomplete self- Sufficient provocation as a mitigating
one committing the felony, his spouse, ascendants, descendants, legitimate,
defense circumstance
natural, adopted brothers or sisters or relatives by affinity within the same
Absence on the part of the person Presence on the part of the offended
degrees.
defending himself party
Basis
o Diminution of free will and self control
Examples
Challenging the family of the accused and chasing a family member Nature
o Ordinary mitigating circumstance reduce by period
Uttering offensive words
o Vulva of your mother
Relatives against whom a grave offense is committed
o Debts
Spouse

33
Ascendants 6. That of having acted upon an impulse so powerful as naturally to have, produced
Descendants passion or obfuscation
Legitimate, natural or adopted brothers or sisters Basis
Relatives by affinity within the same degrees o Diminution of free-will and self control
Nature
o Ordinary mitigating circumstance Reduce by degree
Provocation or threat Vindication
Immediately precede Proximate Passion or obfuscation
May allow a lapse of time between the Commission of crime due to an uncontrollable burst of passion
grave offense and the vindication Provoked by prior unjust or improper acts, or
Must be personal to the accused Even against relatives as specified Due to a legitimate stimulus so powerful as to overcome reason
The act that caused the provocation does Must be a grave offense
not have to be a grave offense Requisites
Unlawful act sufficient to produce passion and obfuscation was committed
by the intended victim
Examples The crime was committed within reasonable length of time from the
I will make a roast pig out of you to a 70 year old commission of the unlawful act that produced the obfuscation in the
Deceased previously beating up the accused accuseds mind
You stranger live at the expense of your wife The passion and obfuscation arose from lawful sentiments and not from a
Vindication of stabbed brother. Shot man at the chest three or four times spirit of lawlessness or revenge

Factors considered in determining presence of a grave offense The act producing passion or obfuscation must not be far removed from the
Social standing commission of the crime during which the accused may recover his normal equanimity
Place
Obfuscation
Time
Must come from legitimate feelings
The grave offense being vindicated should be committed by the deceased himself and o Note: Case of illicit relations kicked in the genitals
not by other persons Relationship illegitimate
Must not arise from a spirit of lawlessness or revenge
The grave offense must be specifically directed to the accused Should not arise from vicious, unworthy and immoral sentiments
Not general in nature
7. That the offender had voluntarily surrendered himself to a person in authority or
The effect and influence of the grave offense should last until the crime is continued his agents, or that he had voluntarily confessed his guilt before the court prior to
the presentation of the evidence for the prosecution
Concept of proximate time in passion and obfuscation and immediate vindication There are two separate ordinary mitigating circumstances in this paragraph
The act which produced the obfuscation was not far removed from the o Voluntary surrender to a person in authority or his agent
commission of the crime by a considerable length of time during which the o Voluntary confession of guilt before the court prior to the
perpetrator might recover his normal equanimity presentation of evidence for the prosecution
Accused should not have sufficient time to recover his normal equanimity Basis
Period where in accused could have regained his composure and self o Lesser criminal perversity
control Nature
Lapse of time should not be too distant o Two separate ordinary mitigating circumstances
o Anywhere from 6 hours to nine months
Voluntary surrender

34
Requisites Any person directly vested with jurisdiction, whether as an individual or as a
o Not arrested member of some court or governmental corporation, board or commission
o Person in authority or his agents shall be deemed a person in authority
o Voluntary o Barrio captain and a barangay chairman
o Unconditional Teachers,
o Spontaneous Professors,
Not necessary that it be done at the first opportunity for as long as it contains all the Persons charged with supervision of public or duly recognized private
requirements schools, colleges and universities, and
Lawyers in the actual performance of their professional duties or the
Must be for the crime for which the accused is prosecuted occasion of such performance
Robbery with homicide but surrendered as being a Huk
Agent of a person in authority
Lack of resistance does not mean voluntary surrender A person who by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and
Surrender to a barangay tanod is mitigating the protection and security of life and property such as
Intermediary to the accused surrender o Barrio councilman
o Barrio policeman
Accused must show intent to surrender unconditionally o Barangay leader
Must not be forced o Any person who comes in the aid of persons in authority
o Example
When police where already inside his house thereby Where
precluding escape Anywhere in the Philippines
Not require that it be done in the place where the crime was committed
Surrender must be spontaneous
Essence No voluntary surrender
o Because he acknowledges his guilt or he wishes to save them the Almost 9 months after issuance of warrant of arrest
trouble and expense necessarily included in his search and o Not spontaneous
capture
When it is done after undergoing hardships and difficulties as a fugitive
o Not spontaneous and no intent to surrender unconditionally
Before the accused could be in fact arrested
Mere announcement of shoot to kill order and that accused was persuaded Went to see the chief of police not to surrender but because he called for
to surrender by employer does not militate against the consideration of his them
voluntary surrender as a mitigating circumstance When there is already an arrest
o He was still not arrested and that he presented himself o Bars voluntary surrender
Waiting for a policeman to arrive
There is voluntary surrender although the accused did not immediately tell the police Warrant of arrest already served on him
that he was the assassin In fact arrested by policeman
If made for self-preservation for what he feared was an imminent retaliation
Reason why mitigating from the immediate relatives of the victim
Because he acknowledges his guilt or he wishes to save them the trouble Went to the police to clear his name
and expense necessarily included in his search and capture Went to the police to clear the matter and know the reason why the police
were looking for him
Person in authority
Went to police to merely report the incident

35
There is voluntary surrender Voluntary confession of guilt to a lower charge after amendment of the
Even when the accused went into hiding for his protection and safety information
o Example o When the court sentences him for such lesser offense, even if the
Afraid of companions of deceased who pursued him amendment and plea are made after prosecution has started its
and not because he was hiding from the police evidence
Initial apprehension to surrender because of rumors that the accused will o Amended information is an entirely new information and no
get hurt in jail does not affect the voluntariness and spontaneity of surrender evidence has been presented to price the charges made therein
Posted bail before he was arrested when the accused entered his plea of not guilty

Not mitigating
Voluntary confession of guilt before the court prior to the presentation of evidence for Conditional plea of guilty not mitigating
the prosecution o Admits his guilt provided that a certain penalty be imposed upon
Requisites him
o Spontaneously confessed his guilt o Considered as not having entered a plea of guilty
o In open court After the prosecution has started presenting its evidence
o Made prior to the presentation of evidence for the prosecution When made during the testimony of the first witness of the prosecution
On appeal
Plea of guilty o Does not restore the case to its original state
He has carefully read the charge against him and when he pleads guilty During the preliminary investigation
thereto, he signifies his admission of all the material facts alleged therein o Must be in the court which has jurisdiction to take cognizance of
the case
Why mitigating
An accused spontaneously and willingly admits his guilt at the first In capita l offenses, the prosecution is still required to prove the guilt of the accused
opportunity as an act of repentance and a moral disposition favorable to his despite the plea of guilty
reform and submission to the law
Court must
Should be done at the first opportunity before the court having jurisdiction to try the Searching inquiry
case o Voluntariness
During the re-arraignment is mitigating o Full comprehension of consequences
o Before prosecution presented its evidence Require the prosecution must present evidence to prove the guilt of the
During the appeal does not constitute a mitigating circumstance accused
Ask whether he desires to present evidence on his behalf
Qualified plea of guilty
May be mitigating Despite plea of guilty, the court should still take his testimony in case of a grave
If not offense
o Prosecution could nullify this mitigating circumstance by Prudent and proper course to follow for the purpose of establishing the guilt
counteracting it with unfounded allegations of aggravating and precise degree of culpability of the defendant
circumstance

The accused should not be allowed to withdraw his plea of guilty after learning about
the penalty

Mitigating

36
9. Such illness of the offender as would diminish the exercise of the will power of
the offender without however depriving him of the consciousness of his acts
Basis
o Diminution of intelligence and intent
Nature
o Ordinary mitigating
Should diminish the exercise of the will-power, but should not diminish the
exercise of will-power
If it diminishes the consciousness of his acts
o Exempting under 12 (1)

Examples
Feeblemindedness
Mild behavior disorder as a consequence of an illness in qualified theft
8. That the offender is deaf and dumb, blind or otherwise suffering some physical Offenders mental illness (mild psychosis or schizophrenic reaction) in
defect which thus restricts his means of action, defense, or communication with murder and rape
his fellow beings Cynical nature and severity of the violence inflicted upon the accused
resulted in cumulative provocation which broke down her psychological
Basis resistance and natural self control, psychological paralysis, and difficulty
o Diminution of freedom of action in concentrating or impairment of memory in parricide
Nature Schizo-affective disorder or psychosis in murder
o Ordinary mitigating circumstance
10. And, finally, any other circumstance of a similar nature and analogous to those
Deaf and dumb or blind above mentioned
Not necessarily both ears or eyes
Enough that partial blindness or deafness restricts his means of action, Examples
defense or communication with fellow beings Persistent demands of payment of a debt which annoyed and scandalized
his co-workers that he had to resign
Example of physical defect Extreme poverty and necessity in theft of two sacks of paper to buy a meal
Right hand is missing from kuwitis for his minor children
Feebleminded Belief in witchcraft or a local but deep-rooted superstition

Necessary that the physical defect must restrict the accuseds means of action, Other examples
defense or communication with his fellow beings Outraged feelings of creditor seeing a bad debtor
For murder: severed hand Impulse similar to passion or obfuscation
o Should not be automatically credited as mitigating circumstance Ejection from a dance of a lieutenant who called on soldiers to avenge the
Must show that it restricts the accuseds means of outrage
action, defense or communication with his fellow beings Lovers tiff between him and his live-in partner over their son and future
to the extent that he did not have complete freedom of unbridled relationship
action, consequently resulting in diminution of the o Carried out by the accused in his diminished emotional state
element of voluntariness In a prosecution for robbery with homicide
o Court required man with slight physical defect on leg to sit on the o Act of an accused testifying for the prosecution without previous
floor to prove rape discharge
o Analogous to plea of guilty

37
Restitution of funds in malversation
o Immediately and voluntarily made before institution of the case Whenever more than three armed malefactors shall have acted together in the
Over 60 with failing eyesight commission of an offense, it shall be deemed to have been committed by a band
o Similar to over 70
7. That the crime be committed on the occasion of a conflagration, shipwreck,
Slugging match with wife, got beat up by neighbors before stabbing of the
earthquake, epidemic, or other calamity or misfortune
victim 8. That the crime be committed with the aid of armed men or persons who insure or
Accused and companion carried his victim to the hospital there he was afford impunity
disarmed and arrested by the police 9. That the accused is a recidivist
Previously threatening the accused for non-payment of a debt arising from
gambling before the murder 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
Examples, which do not fall within Par. 10 title
Fact that the crime has caused no material damage to the offended party 10. That the offender has been previously punished for an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it
Special Mitigating Circumstance attaches a lighter penalty
Appreciated only in specific cases 11. That the crime be committed in consideration of a price, reward, or promise
12. That the crime be committed by means of inundation, fire, poison, explosion,
Example stranding of a vessel or intentional damage thereto, derailment of a locomotive,
Concealing the dishonor of the mother by the mother or the maternal or by use of any other artifice involving great waste and ruin
grandparents in infanticide 13. That the act be committed with evident premeditation
Concealing the dishonor in abortion 14. That craft, fraud, or disguise be employed
15. That advantage be taken of superior strength or means be employed to weaken
Voluntary release within 3 days without attaining the purpose and before
the defense
criminal prosecution is instituted against him is privileged mitigating in slight
16. That the act be committed with treachery (aleviosa)
illegal detention
Abandonment of the wife by the husband without justification is privileged There is treachery when the offender commits any of the crimes against the
mitigating in adultery person, employing means, methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without risk to himself arising from
the defense which the offended party might make
17. That means be employed or circumstances brought about which add ignominy to
CIRCUMSTANCES, WHICH AGGRAVATED CRIMINAL LIABILITY the natural effects of the act
18. That the crime be committed after unlawful entry
Art.14. Aggravating circumstances the following are aggravating
circumstances There is unlawful entry when an entrance is effected by a way not intended for
the purpose
1. That advantage be taken by the offender of his public position 19. That as a means to the commission of a crime a wall, roof, floor, door, or window
2. That the crime be committed in contempt of or with insult to the public authorities be broken
3. That the act be committed with insult of or in disregard of the respect due the 20. That the crime be committed with the aid of persons under fifteen years of age, or
offended party on account of his rank, age, sex, or that it be committed in the by means of motor vehicles, airships, or other similar means
dwelling of the offended party, if the latter has not given provocation 21. That the wrong done in the commission of the crime be deliberately augmented
4. That the act be committed with abuse of confidence or obvious ungratefulness by causing other wrong not necessary for its commission
5. That the crime be committed in the place of the Chief Executive, or in his
presence, or where public authorities are engaged in the discharge of their Aggravating circumstance
duties, or in a place dedicated to religious worship A circumstance, which
6. That the crime be committed in the nighttime or in an uninhabited place, or by a
o If present in the commission of a felony and
band, whenever such circumstances may facilitate the commission of the offense

38
o Not offset by any ordinary mitigating circumstance o Arise in special conditions which increase the penalty to the
Increases the penalty to its maximum period maximum period without exceeding the penalty prescribed by law
o Without exceeding the penalty prescribed by the law for the felony
committed OR Generic
Changes the nature of the felony to a more serious one a. Advantage of public position
o Makes the accused liable for the penalty prescribed by law for the b. Contempt or insult to public authorities
c. Disregard of respect due to the offended party
felony changed
d. Abuse of confidence or obvious ungratefulness
Basis
e. In the palace of the chief executive, in his presence or where public
Greater criminal perversity as shown by
authorities are engaged in the discharge of their functions or place
o Means employed dedicated to religious worship
o Time f. Nighttime, uninhabited place, or band
o Place g. Recidivism
o Occasion h. Reiteracion or habituality
o Material execution of the act i. Employing craft, fraud or disguise
o Means employed j. Unlawful entry
o Moral attributes k. Breaking a wall, roof, floor, door or window
o Private relations l. Aid of persons under 15 or motor vehicles, airships or similar means
o Other personal cause
Specific
Clear and convincing evidence a. Treachery and cruelty against persons in crimes against persons
Not merely hypothetical facts no matter how truthful suppositions and b. Ignominy in crimes against chastity
presumptions may seem
Qualifying
a. Treachery
Exclusive to those specified
Qualifies homicide to murder
Strictly construed
b. Abuse of confidence
Not include circumstance similar or analogous to those in Art. 13
Qualifies taking of personal property to qualified theft
c. Unlawful entry
Not aggravating
Qualifies taking of personal property from theft to robbery
Immoral motive
Drug addiction
Inherent
a. Sex in rape
Kinds b. Dwelling in trespass
Generic c. Abuse of public position in malversation
o Generally apply to all crimes d. Breaking of wall in robbery with force upon things
o Can be offset
Specific Special
o Apply only to particular crimes a. Unlicensed firearm in homicide or murder
Qualifying b. Abuse of public office in commission of a crime
o Change the nature of the crime c. Complex crimes in Art. 48
Inherent d. Etc
o Must of necessity accompany the commission of the crime
Generic Special
o Do not have the effect of increasing the penalty
Generally apply to all crimes Arise under special conditions
Special
Increase the penalty to its maximum Increase the penalty to its maximum

39
period but not to the next higher degree period but not to the next higher degree Abduction as a municipal policeman
Can be offset by an ordinary mitigating Cannot be offset Peace officer
circumstance o Stole truck
o Robbed people
o Quadruple homicide
Gun used in murder was the service revolver issued to him
Generic Qualifying
Increase the penalty to its maximum Changes the nature of the felony Not considered in the following
period but not to the next higher degree
Crime by police officer through negligence or carelessness
Can be offset by an ordinary mitigating Cannot be offset by an ordinary
o No intent to deliberately use authority
circumstance mitigating circumstance
Allegation of illegal gambling of a member of HR
o Did not necessarily make use of the prestige of his office
Both qualifying and generic aggravating circumstances must be alleged in the Not alleged in the complaint
complaint or information for proper appreciation No evidence to prove
Revised rules on criminal procedure Malversation case
o State not only qualifying but also aggravating o Inherent
o May be given retroactive effect Sufficient provocation immediately preceded the crime
State not only the designation of the offense and the acts and Passion or obfuscation
omissions but SPECIFY THE QUALIFYING AND AGGRAVATING Instinctive reaction of a policeman against the vicious assault against his
CIRCUMSTANCES brother

Accused plea of guilty 2. That the crime be committed in contempt of or with insult to the public authorities
Admits only the aggravating circumstances alleged in the complaint or Basis
information o Greater criminal perversity
o Lack of respect to public authorities
When the accused pleads not guilty Nature
Deemed to have denied all the material allegations in the complaint or o Generic aggravating
information
Requisites
1. That advantage be taken by the offender of his public position
o Public authority must be engaged in the performance of his official
Requisites duty
o Public authority must not be the person against whom the crime is
Public official
committed
Use his influence, prestige or ascendancy which such office gives him as a
o Offender knows him to be a public authority
means by which he realized his purpose
Public authority
Examples
Person in authority
Police maltreated the prisoner victim
o Governor
Policeman killed the deceased while in the precinct
o Mayor
Disarmed and shot the deceased
o Judge
Councilman imposed or collected fines o Acting governor
o Converted it for his own use
o Municipal secretary
Policemen evidence Not to a mere agent of a person in authority

40
o Policeman Murder od the assistant chief of the personnel transaction of the CSC by a
clerk therein
Cannot apply when the offended party is the person in authority Murder of army col. and army gen. by a private citizen
Committed in the presence and not against the public authority Chief of the secret division murdering chief of police
Murder of pupil of his teacher
3. That the act be committed with insult of or in disregard of the respect due the Killing of a Spanish consul by his subordinate
offended party on account of his rank, age, sex, or that it be committed in the
dwelling of the offended party, if the latter has not given provocation
Disregard of respect due to age applies when the deceased is of old age applies when
Greater criminal perversity as shown by deceased is of old age
o Personal circumstances of the offended party and Murder of octogenarian by 45 years old
o Place of the commission of the crime
Murder of sexagenarian by 27 years old
Nature Old enough to be the father
o Specific
Apply only to crimes against persons or honor Disregard of respect due to age applied when the deceased is of tender age
Not applicable in crimes against property Murder of 12 year old boy
Robbery with homicide Murder of 3 year old boy
o Against property where the
homicide is a mere incident of the Disregard of respect due to sex
robbery, the latter being the main Basis
purpose and object o Greater perversity by the accused who instead of giving due
Requisites respect to the woman for being part of the weaker sex, takes
o Accused deliberately intended to offend or insult the advantage of her weakness in order to facilitate the commission
Sex of the crime
Rank or Nature
Age of the offended party or o Generic aggravating circumstance
In the dwelling if the latter has not given provocation Must not be inherent in the commission of the crime or is part of the
elements of the crime
May theses four aggravating circumstances be considered separately if they o Rape
concur in the same case o Parricide
o Yes o Crimes against chastity
If their elements are distinctly perceived and Seduction
Can subsist independently Abduction
Disrespect to rank Acts of lasciviousness
There should be specific facts to demonstrate that the accused deliberately Examples
intended to insult or disregard the respect due to the victim on account of Unable to take revenge against the killer of his relative, killed a female
his rank relative of such killer
o Spontaneous utterance of anger or hate, which is naturally Accused was armed and murdered the victim who was not able to offer any
harbored by any assailant, it is not necessarily an expression of resistance
insult or disregard owing to the victims rank
o Mere suppositions or presumptions being insufficient to establish Offender must manifest specific insult or disrespect towards the offended partys sex
their presence
o Doubt Disregard of respect due to sex cannot be considered when the accused mistook the
Resolved in favor of the accused victim for a man
Examples

41
Disregard of sex not considered in the following circumstances Inside his house, shot from the outside
Crime committed through negligence or carelessness o Not necessary that the accused should have entered the dwelling
Sufficient provocation immediately preceded the act Shot from under the house
Passion or obfuscation While inside the dwelling, the accused bound the victims hand and took him
Aberration ictus to a place near the house where he was murdered
Error in personae o Act performed cannot be divided or the unity resulting from its
Spur of the moment details be broken up
Accidental meeting or encounter between the offender and the offended Committed in a dependency of the house
party Abduction committed in the house
Taken from his house in the crime of illegal detention
That the crime be committed in the dwelling of the offended party if the latter has not While on the stairs of his house was asked to come down by four armed
given provocation men who immediately grabbed and kidnapped him
Basis Murdered in one of his two houses
o Greater criminal perversity of the offender who violates the Raped in a bedspace she was renting
sanctity of privacy the law accords to the human abode o Constituted for all intents and purposes a dwelling
Nature Killed his estranged wife in a place she was occupying which was not their
o Generic aggravating conjugal home
Requisites Wife committed adultery in the conjugal home
o In the dwelling of the offended party
o Offended party has not given provocation
o Specific evidence show that the offender intentionally and Note
deliberately disregarded the respect the law accords to anothers Dwelling need not be owned by the victim
dwelling o Even if merely an invited guest
Dwelling Brief moment home to him
Place of abode Even if in makeshift room of a motor shop owned by her brother
Where the offended party resides and o For all intents and purposes a dwelling
Satisfies the requirements of his domestic life Cannot be considered if the accused and the victim live in the same house
o Rationale of sanctity of home is absent
Reason Cannot be applied if the crime was commited in a place not devoted to
Sanctity of privacy the law accords to human abode dwelling
Sanctuary worthy of respect o 1st floor video rental shop
o 2nd floor residence
Examples o rape in video rental shop
Robbery with rape in domicile without provocation on his part Cannot be considered if the victim gave provocation
Deceased was murdered in his residence o Loses his right to respect and consideration due him in his own
o Even if the accused had ceased living in the house house
Raped in her own house Cannot be considered if killed in a place not integral part of her home
When robbery with violence against or intimidation of persons is committed o 30 meters away from her house
in the house of the victim o No showing that the said place formed part of her grounds
Shot in the porch of his house Cannot be appreciated if the deceased was killed in his house by the
Stabbed while standing near the door of his house accused while in the act of adultery with the latters wife
Shot as he opened the door of his house o Provocation was given by the wife
Shot in the staircase of his house o Passion or obfuscation

42
May be appreciated despite provocation if the provocation was not Requisites
immediate o Offended party trusted the offender
o Killed in house 6 hours after the accuseds mauling o The offender abused such trust by committing the crime against
No aggravating circumstance is called to come down from his house and the offended party
killed the victim in the immediate vicinity thereof o Abuse of confidence facilitated the commission of the crime
o Unless the place is so connected to the house as to form an The culprit taking advantage of the offended partys
integral part thereof belief that the former would not abuse such confidence
Not aggravating when the victim was killed while seated on bench outside Relationship of trust
the house o Indispensable
o Although beside the steps leading to the door of his house o Taking advantage of the partys belief that the former would not
Not an integral part or a dependency of the victims abuse said confidence
dwelling Confidence must be immediate and personal
Inherent in the crime of robbery with force upon things and thus not o Victims mother asked the accused to fetch her children from
aggravating Antipolo to Marikina does not prove that she reposed such
Aggravating in robbery with violence against or intimidation of persons confidence in the accused that he could have used to his
o Crime can be performed without the need of violating the abode advantage in committing the crime of rape
of the victim and without the necessity of transgressing the
sanctity of his home Examples
Not aggravating when it is an essential element of a felony or is inherent in Abuse of confidence when the victim provided shelter to the accused
the commission of a felony in some cases such as Domestic servant poisoned the child
o Violation of domicile Between sweethearts
o Trespass to dwelling o Invited for a ride then jealous lover stabbed the sweetheart to
o Robbery in an inhabited place death
Necessary that the offender enter the inhabited house Robbery by a servant of his master
Not aggravating when there is no specific evidence to show that the With obvious ungratefulness when the accused was treated as a member of
accused deliberately intended to disregard the sanctity of the victims home the family
such as When the accused was allowed to live in the same house of the victim and
o Negligence or carelessness take care of the victims father
o Sufficient provocation immediately preceded the act Victim was killed in his house where the accused was a guest
o Passion or obfuscation
o Spur of the moment Note
o Merely an accidental encounter Being friends does not imply abuse of confidence
No abuse of confidence on the care allegation that the accused is the
4. That the act be committed with abuse of confidence or obvious ungratefulness nephew of the murder victim
Two aggravating circumstance o No evidence that he reposed confidence
o Abuse of confidence No abuse of confidence when the accused and victims just met
o Obvious ungratefulness o Confidence not immediate and personal
That such confidence would give that accused some
Abuse of confidence advantage or make it easier for him to commit the crime
Basis That such confidence was a means of facilitating the
o Greater criminal perversity commission of the crime, the culprit taking advantage of
Nature the offended partys belief that the former would not
o Generic aggravating circumstance abuse said confidence

43
No abuse of confidence if the victim already lost confidence in the accused
at the time of the commission of the crime 5. That the crime be committed in the place of the Chief Executive, or in his
presence, or where public authorities are engaged in the discharge of their
No abuse of confidence or obvious ungratefulness when the relationship is duties, or in a place dedicated to religious worship
between the accused and the victims father, not between the accused and Basis
the victim o Greater criminal perversity of the offender who disregards the
o Must be between the victim and the accused respect due to the place where the crime was committed
Not aggravating in the absence of any showing that the abuse of confidence Nature
facilitated the commission of the crime o Generic aggravating circumstance
Inviting the accused to go night clubbing and accommodating him in the o However
victims car did not show confidence place dedicated to religious worship is an element of
o Does not appear the victim ever reposed confidence on the offending the religious feelings hence the same can
accused no longer increase the penalty to be imposed by the
Must be expressly alleged in the complaint or information court upon the accused
o In all criminal cases and not only in cases where the aggravating
circumstance would increase the penalty Palace of the Chief Executive
o Applies to both qualifying and aggravating circumstance Deliberate disregard of the respect due to the Palace, which is the official
residence and place of work of the highest official in the land
Obvious ungratefulness
Basis Chief executive does not have to be in the palace
o Greater criminal perversity of the offender who instead of being Enough that the crime was committed in the palace
grateful to the offended partys kindness, favor and assistance, Deliberately disregarded the respect due to the palace
commits a crime against him Not considered
Nature o Crime through negligence or carelessness
o Generic aggravating o Sufficient provocation immediately preceded the crime
Necessitates evidence of benefits given by the victim to the accused o Passion or obfuscation
o Cannot be appreciated when there is no evidence as to what
generosities and the extent thereof were received by the accused Presence of the Chief Executive
o Chief Executive may be outside the palace and
Examples o May or may no be in the performance of his duties
Murder of brother-victim who instituted him as a universal heir
Accused lived in the house of the victim of robbery with homicide where he Place where the public authorities are engaged in the discharge of their duties
was employed as overseer and in charge of carpentry work Basis
Attacked while giving assailants coffee and breakfast o Greater criminal perversity
Accused killed his father-in-law who supported him in whose house he lived Shown by the place of the commission of the crime
Other examples in book which must be respected
Place deserves respect from everyone
No obvious ungratefulness Enough that it is committed in the place where public authorities are
Nothing to show assailant and common-law-wife reposed in one another engaged in the discharge of their duties
any special confidence that could be abused, or any gratitude owed by one Not necessary that they should be in the actual performance of their duties
to another that could be abused o If so, will be aggravating circumstance of in contempt of or with
Army men holding high-powered firearms cowed the victims into boarding insult to public authorities
their jeep at machine gun point Not committed when the crime was committed in a room adjoining the justice of the
o No source of gratefulness or appreciation peace court

44
Not place where authorities are engaged in the discharge of their functions Period of darkness beginning at the end of duck and ending at dawn
o Nights sunset to sunrise
Place dedicated to religious worship Must be commenced and accomplished at nighttime
Increase penalty to maximum period if not offset by an ordinary mitigating
circumstance Not nighttime
Not aggravating in the crime of offending religious feelings Late afternoon
o Because the place of religious worship is an essential element of o Must be purposefully sought such time of day to facilitate the
the crime commission of the crime or to prevent its discovery or to evade
Not required that the culprits capture
o There be a religious minister 6pm
o There is a ceremony transpiring in a place dedicated to religious o Dusk was just beginning and there was still twilight
worship o Darkness not completely set in
Enough that it is committed in the place dedicated to religious worship When the accused learned about the plan to kill the victim only in the
o Deserves to be respected evening of the commission of the offense
o Must have planned and sought darkness
Example Bare statement that the crime was committed in the darkness of the night
Rape committed in a chapel does not make nighttime aggravating
When it fails to pass the subjective and objective tests
Not aggravating No evidence that it is especially sought for
Accused had no intention to kill at the time she entered the chapel o Must be deliberately and intentionally sought by the accused to
There is no evidence to show that the accused had murder in her heart help them realize their evil intentions
when she entered the chapel that fatal night o Example
Simply waited for the victim to finish his drinking spree
6. That the crime be committed in the nighttime or in an uninhabited place, or by a Mere a chance or accidental encounter between the accused an the victim
band, whenever such circumstances may facilitate the commission of the offense
o Not specially sought for
Whenever more than three armed malefactors shall have acted together in the When all the accused trailed the flashlights on their faces by reason of
commission of an offense, it shall be deemed to have been committed by a band which the victim recognized them
o Pointed at faces and asked if they knew them
Basis When the accused would commit the crime regardless of the time
o Greater criminal perversity of the offender as shown by the time, o Agreed to rob when they were already on their way or near the
place and manner or committing the crime house to be robbed
Nature When the scene of the crime was sufficiently illuminated so as to identify the
o All generic aggravating circumstance accused
May be considered separately against the accused o Sufficient to recognize the accused
o When their elements are distinctly perceived and can subsist o Moonlight is sufficient illumination or a person to identify another
independently, revealing greater degree of criminal perversity o Light if the street and vehicle
Requisites (facilitated, sought for, took advantage) o Lighted by surrounding residences
o When it facilitated the commission of the crime o Light post from the scene of the homicide
o When it is especially sought for by the accused to ensure the o Kerosene lamp in the murder scene
commission of the crime or for purposes of impunity Offender stabbed the victim after a heated argument arising from vehicular
o Offender took advantage of nighttime, uninhabited place or band collision
for purposes of impunity o Merely incidental
Nightime

45
Two tests in determining nocturnity in the ALTERNATIVE o Not especially sought for
Objective
o Facilitated the commission of the offense Abandoned subdivision
Subjective Yes, considering the possibility of the victim calling for succor or assistance
o Purposely sought by the offender from any third person was ruled out

Note Homicide committed in a banca at sea


Although nighttime was not especially sought for, it is still aggravating if it Yes, difficult for the offended party to receive any help while the aggressors
facilitated the commission of the crime or the offender took advantage of the could have easily escaped punishment
same to commit the crime
Aggravating when the accused took advantage of the darkness to flee from Band
the scene undetected More than three armed malefactors (4 or more)
o Took advantage of nighttime Whenever more than 3 armed malefactors shall have acted together in the
Aggravating notwithstanding the use of a flashlight commission of an offense, it shall be deemed to have been committed by a
o Still deliberately and consciously adopted the means of execution band
Note
Aggravating in arson
Arms included
o Took advantage of nighttime to conceal the crime
o Guns, revolvers, swords, bolos, daggers, clubs, lantacas, riffles,
Aggravating although the accused lit a matchstick
lances, a small cannon, stones, and other deadly weapons
o Not negate the presence of said aggravating circumstance
More than 3 malefactors should be armed
o If no evidence that all four were armed at the time of the
Treachery absorbs nocturnity
perpetration, band is not an aggravating circumstance
Evidently an integral part of the peculiarly treacheroud means and manner
o At least 4 should be armed
to ensure the murder or that it facilitated the treacherous character of the
o Even if there are 4 offenders but only 3 armed
attack
Not band
Should be alleged in the complaint or information in order to be considered as an The mere fact that there are more than three armed men at the scene of the
aggravating circumstance crime does not prove the existence of a band
o If only one of them committed the crime while the others where
Uninhabited Place (Despoblado) not aware
One where there are no houses at all, a place at a considerable distance Band is a generic aggravating circumstance in robbery with homicide
from the town, or where the houses are scattered at a great distance from o May be offset by a mitigating circumstance
each other Band absorbs abuse of superior strength
Must be alleged in the information
Criterion Band is inherent in brigandage
Whether or not in the place of the commission, there was reasonable o Brigandage
possibility of the victim receiving some help More than 3 armed persons
Form a band of robbers
Must be
Purpose of committing
Deliberately selected to perpetrate the crime
Robbery in the highway or
Specifically sought for
Kidnapping persons for the purpose of
Not aggravating extortion or to obtain ransom or
Chance encounter between the offender and the offended party in an For any other purpose to be attained by
uninhabited place does not make the same an aggravating circumstance means of force and violence

46
7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic, or other calamity or misfortune
Basis
o Debased form or criminality on the part of the offender who in the 8. That the crime be committed with the aid of armed men or persons who insure or
means of great calamity, instead of lending aid to the afflicted, afford impunity
adds to their suffering by taking advantage of their misfortune to Basis
despoil them o Greater criminal perversity
Nature Emboldened into the commission of the crime by the
o Qualifying aggravating aid of armed men or persons who afford impunity
Nature
Note o Qualifying aggravating
When a person is killed on the occasion of any of these calamities, the
killing constitutes murder and not merely homicide Armed Men Band
When personal property is taken on the occasion of these calamities, the At least two persons who are armed At least four persons who are armed
taking constitutes qualified theft and not simple theft Actual aid is not necessary At least four armed men should have
Development of engine trouble at sea is a misfortune but it does not come Psychological reliance is sufficient acted together
within the context of the phrase other calamity or misfortune Qualifying Generic
Offender should deliberately take advantage of the occasions mentioned in
order to facilitate the commission of the crime Note
o Shown by specific facts or circumstances that the accused Qualifies the killing to murder
deliberately sought any of these occasions in order to facilitate the Requires that the armed men are
commission of the crime o Accomplices who take part in a minor capacity
Directly or
No aggravating Indirectly
Negligence and carelessness Mere fact that the 3rd malefactor was not apprehended and brought to the
Sufficient provocation immediately preceded the crime trial does not negate the aggravating circumstance of aid of armed men
Passion or obfuscation Absorbed by band
Spur of the moment May be taken independently of abuse of superior strength
o Example
Three assailants all armed simultaneously and
repeatedly stabbed and clubbed the defenseless victim
Treachery may absorb aid of armed men and abuse of superior strength
Must be alleged in the information
Proved beyond reasonable doubt

Not aggravating
Presence of conspiracy
o Accused as co-conspirators, acted under the same plan and for
the same purpose
When the accused did not avail of the armed men directly or indirectly
o Committed by the defendant alone without assistance

9. That the accused is a recidivist

47
Lapse of time between the final judgment of conviction fro the previous
A recidivist is one who, at the time of his trial for one crime, shall have been felony and the time of the trial for the subsequent felony is immaterial
previously convicted by final judgment of another crime embraced in the same Present even if the accused received absolute pardon
title Recidivism and habitual delinquency can co-exist and be considered
Basis separately
o Greater criminal perversity If three crimes were committed on the same date there is only recidivism not
Propensity or inclination to commit crimes habitual delinquency
Nature o Not considered as three convictions
o Generic aggravating Must be alleged in the information
Necessitates certified copies of sentences
Recidivist o Except
One who, at the time of his trial for one crime, shall have been previously Accused does not object to the presentation of
convicted by final judgment of another crime embraced in the same title of evidence on the part of recidivism
the RPC
Recidivism, quasi-recidivism and reiteration necessitates the presentation of
certified copies of the sentences convicting an accused
Note
o Fact that the accused is an inmate does not prove that a final
Not a criminal offense
judgment has been rendered upon him
o Aggravating circumstance only
o Cannot be proved by a certificate of the Chief of Police showing
at the time of his trial for one crime that the accused has been indicted of an offense
o General sense Not the best proof
Including the rendering of the judgment Cannot be assumed that such indictment ripened toa
Everything that is done in the course of trial final conviction
Judgment of conviction for the previous crime should already be final at the Quasi-recidivist
time of his trial for his subsequent crime o Shall commit a felony after having been convicted by a final
o After the lapse of the period to appeal judgment before beginning to serve such sentence or while
Period to perfect serving such sentence
Within 15 days from the promulgation of Recidivist Quasi Recidivist
judgment or from notice or final order Embraced in the same title Previous crime RPC/Special Law
appealed from Second - RPC
Effect of filing an MR Generic aggravating Special aggravating
Period to file an appeal shall be suspended Can be offset by an ordinary mitigating Cannot be offset by an ordinary
o Until notice or the order overruling circumstance mitigating circumstance
has been served at which time the Same title Enough that the second crime is a felony
remaining balance begins to run
o Sentence totally or partially served or satisfied
o Waived in writing his right to appeal Examples of recidivism
o Applied for probation Estafa and theft
No recidivism if he conviction is on appeal Robbery with homicide and double serious physical injuries
Previous crime and subsequent crime must be embraced in the same titled Murder and slight physical injuries
of the RPC Homicide and slight physical injuries
o Example Homicide and murder
Homicide and robbery with homicide DIFFERENT titles
Rape now crime against persons
o RA 8353

48
10. That the offender has been previously punished for an offense to which the law 11. That the crime be committed in consideration of a price, reward, or promise
attaches an equal or greater penalty or for two or more crimes to which it Basis
attaches a lighter penalty (Reiteracion or habituality) o Greater moral depravity on the part of the offeror and the acceptor
Basis Nature
o Greater criminal perversity o Qualifying aggravating circumstance
Propensity to commit crimes
Nature Note:
o Generic aggravating circumstance Involves the principal by inducement and principal by direct participation
Three situations o Principal by inducement - Offeror
At the time of his trial for a At the time of his trial for a At the time of his trial for a o Principal by direct participation Acceptor
crime, the accused has crime, the accused has crime, the accused has Aggravating circumstance against the offeror and the acceptor
ben previously punished ben previously punished ben previously punished Essential element
for an offense to which the for an offense to which the for two or more crimes to o Price reward or promise must be the SOLE MOTIVATING
law attaches an EQUAL law attaches a GREATER which the law attaches a
FACTOR
penalty penalty LIGHTER
Without which the crime would not have been
committed
Will be a generic aggravating circumstance if it concurs with the qualifying
Reiteracion Recidivism
Not necessary in the same title Embraced in the same title circumstance like treachery
Must have served the sentence Final judgment sufficient Price need not be money only
Two or more previous convictions for Other previous final judgment under the o Quantity of tobacco
crimes with lighter penalties same title of the RPC is sufficien Qualifying circumstance of evident premeditation and offer or money, reward
or promise may be appreciated together one being independent from
Note another
Actual punishment or service of sentence is essential in reiteracion o Not incompatible
o Conviction not sufficient o May be appreciated together
If only one prior offense
o Penalty is
12. That the crime be committed by means of
Equal or
a. Inundation
Greater b. Fire
o Than the one for which the accused was convicted c. Poison
Should be alleged in the information d. Explosion
Must present certified copy of the sentence convicting an accused e. Stranding of a vessel or intentional damage thereto
f. Derailment of a locomotive
Not aggravating g. Or by use of any other artifice involving great waste and ruin
No reiteracion if the accused were still serving sentence at the tie of the Basis
commission of the crime o Greater criminal perversity
o Required that the offender shall have already served his sentence Shown by the means by which he committed the crime
No records disclose that the accused has been previously punished for an Nature
offense to which the law attaches an equal or greater penalty or for two or o Qualifying aggravating
more crimes to which it attaches a lighter penalty
Penalty for the lower conviction is lower Paragraph 7 Paragraph 12
o Must be equal or greater Occasion of calamity or misfortune Means employed in the commission of
the crime

49
Notwithstanding that he had ample and sufficient time
Note to allow his conscience to overcome the determination
Changes the killing to murder of his will if he has desired it after meditation and
Not aggravating when already an essential part of the felony reflection
o Example Not be merely suspected or surmised
Fire in arson o Must be evidenced by the notorious overt acts evincing
determination to commit the crime
13. That the act be committed with evident premeditation Planning and preparation
Basis Expression of hatred does not necessarily imply a resolution to commit a
o Greater criminal perversity crime
Tenacious persistence to commit the crime o Proof of alleged resentment does not constitute conclusive proof
Nature of evident premeditation
o Qualifying aggravating There must be a demonstration of outward acts of a
criminal intent that is notorious and manifest
Evident premeditation Mere suppositions or presumptions no matter how truthful cannot prove
Execution of the act was preceded by evident premeditation
o Cool thought and reflection o Example
o Upon the resolution Pump boat case
o To carry out the criminal intent When there is a plan to kill not only the intended victim but also anyone who
o During a space of time would help put up any violent resistance, evident premeditation may still be
o Sufficient to arrive at a calm judgment considered
o Shown that the conspirators were determined to kill not only the
Primarily a state of mind
o Presence or absence can only be determined by the accuseds intended victim but also anyone who may help him put up a
violent fight
external or overt acts
May exist even if at the time the offender determined to commit the crime, a
Requisites
victim had not been identified
o The time the offender determined to commit the crime
o US vs. Manalinde
o An act manifestly indicating that the offender clung to his
Reward pretty woman
determination
Ordered to kill Spaniard and china man
o A sufficient interval of time between the determination and the
Provided himself with a weapon
execution of the crime to allow him to reflect upon the
consequences of his act and to allow his conscience to overcome Journeyed 1 day and 1 night
the resolution of his will Evident premeditation
Note Deliberately planned to kill although without a definite
Mere suspicion that the accused took his gun and looked for the deceased person as intended victim
with murder in his heart is not sufficient o Does not apply when there is no evidence pointing to the fact that
o Must establish the accused planned to kill any person who may cross his path
Time Act of bringing with him a knife in going to the plaza not
Act an indication that he did plan to kill anybody
Sufficient interval of time Time the accused resolved to commit the crime is essential because the
Contemplates cold and deep meditation and tenacious persistence in the lapse of time for the purpose of the third requisite is computed from such
date and time
accomplishment of the criminal act
o Deliberately planned to commit What is sufficient time
o Continuously followed it o Reasonable opportunity to ponder and reflect the consequences
of his acts

50
o Ample time to allow his conscience to overcome his evil design
o Varies on the circumstances
Animosities, grudges or hostile posturing does not per se warrant a finding
of evident premeditation
Two and a half hours
o Sufficient lapse of time
Threats to kill does not necessarily prove evident premeditation
Evident premeditation can exist independently of the aggravating
circumstance of price, reward or promise
o May have existed without the former
o No incompatibility
Not inherent with robbery and homicide

No evident premeditation
Evidence rests on mere conjecture
If the accused did not know of the intended killing until her was ordered by
his brother to go with him to the house of the deceased 14. That craft, fraud, or disguise be employed
o Knew of the plan only when his elder brother told him of the Basis
matter o Greater criminal perversity
If the accused did not know that the victim would run and the latter was shot Manner of commission of the crime
as he was running away Nature
o No sufficient time to reflect or a period of cool thought to set in o Generic aggravating circumstance
If the deceased was not the intended victim Denotes intellectual trickery or cunning resorted to by an accused to aid in
o Incorrect victim the execution of his design or to lure a victim into a trap and to conceal the
No proof of the time when the intent to commit the crime was engendered in identity of the accused
the mind of the accused
Accidental encounter Craft
Cunning or trickery
Spur of the moment
Chicanery resorted to by the accused to aid in the execution of his criminal
Not proved beyond reasonable doubt
design
When the fatal assault followed closely a previous incident between the
It is employed as a scheme in the execution of the crime
accused and the victim
o Kicked water pail of niece and accused immediately confronted
Examples
him
Pretending pacific intent in entering the house
Accused pretended to be a ranchero to gain entry into brigade 3B and kill
the deceased
Lured to a bridge for robbery and homicide because it was at the end of the
road and no one would or could pass because of the blasted condition of
the road
Note other examples in the book

No aggravating circumstance
Criminal design could have been carried out even without the chicanery

51
Assuming a situation of superiority of strength notoriously advantageous for
Fraud or deceit the aggressor
Manifested by insidious words and machinations Selected or taken advantage by him in the commission of the crime

Examples To be properly appreciated, it is necessary to evaluate


Lured minor girl to go with him and look for her sister who was allegedly Physical condition of the parties
waiting for the offended girl somewhere at a certain street Arms or objects employed
In the absence of the mother, he took the young girl away and told her she Incidents in the total development of the case
was to be taken to the house of her godmother. Taken to another house
where she was raped Note:
Convinced the victim that change of route was a necessity to drop a soldier There must be deliberate intent to take advantage of superior strength
near a river bank Depends on several factors
o Age
No craft or fraud if there is nothing deceitful in the evidence presented
o Sex
Disguise o Size
Use of some device to prevent recognition o Built
o Weapon
Examples o Number
Use of mask to conceal crime o Strength
o Still aggravating although the mask subsequently fell down and o Simultaneousness
was thus, identified Not appreciated when there is no notorious inequality in strength between
the accused and the victim
Not aggravating o Inequality must be notorious
Wearing greater portion of constabulary uniform, while it appears that some o Example of not notorious
of them had cloths wrapped about their heads, it does not appear that it was Rape
done as a disguise but was following the custom of the country Victim 14 years old
Note: Aggressor 23
Treachery absorbs the craft, fraud and disguise o Threatened and chased and beat one of the children with a piece
of wood
15. That advantage be taken of superior strength or means be employed to weaken o Victim was slimmer/thinner while the accused was bulkier and
the defense stronger
Basis Not enough proof
o Greater criminal perversity Does not necessarily mean that slimmer/thinner be
o Deliberately uses his superior strength in order to be assured of physically weak, he could even be stronger
the commission of the crime It must be proven that he took advantage of strength
Nature Mere superiority in number is not enough, there must be proof to take
o Qualifying aggravating circumstance advantage of the same
o Must deliberately take advantage thereof
Meaning of taking advantage of abuse of superior strength o Prove:
Use of excessive force out of proportion to the means available to the That the malefactors cooperated in such a way as to
person attacked to defend himself secure advantage from their superiority in strength
Number of assailants if ARMED may be considered as a qualifying
When abuse of superior strength is present circumstance of abuse of superior strength
Notorious inequality of forces between the victim and the aggressor

52
o 7 NPA against AFP brothers Parricide
o Unarmed victim against 4 armed assailants o Husband is stronger than the wife cannot be appreciated
o 4 restraining the victim while 1 stabbed the deceased thrice o Inherent
Not aggravating in parricide
Inherent in rape Examples
o Generally accepted that a man who commits rape against a 33 years old against 63 years old
woman is physically stronger than the latter Big, burly and matured woman against teenager who is slim and poorly
May still be aggravating in the following nourished
o Grave coercion Man with weapon against 411 girl
o Forcible abduction with rape Two mean against 52 year old woman
o Abduction through violence with rape 33 year old man with pair of scissors against young woman of 15 years
Essentially inconsistent when only one of the three accused is the principal Younger and stronger aggressor with weapon against 8 year old boy and
and the others are accomplices only woman
o Principal cannot be said to have taken advantage of abuse of Bulky and muscular 57 man against 53 woman
superior strength Man with deadly weapon against 58 year old woman sleeping
Treachery absorbs abuse of superior strength Armed man against unarmed defenseless woman
When attach is not made with aleviosa, number or aggressors and the 29 year old against 69 year old
simultaneousness of the attack upon a defenseless person may constitute Shot pregnant woman in a hammock in cold blood
abuse of superior strength Using a weapon which is out of proportion to the defense available to the
Band and abuse of superior strength are separate and distinct legal offended party
concepts
Band Abuse of superior strength Means employed to weaken the defense
More than 3 armed malefactors Taking advantage of ther collective Basis
strength to overpower their relatively o Greater criminal perversity
weaker victim or victims o Persistent determination to commit the crime by weakening the
At least four Gravamen:
victims defenses
All of them must be armed Taking advantage by the culprits
Nature
collective strength to overpower their
relatively weaker victim or victims o Qualifying aggravating

Taken into account: Examples


Physical might vis--vis the offended Suddenly throwing a cloak over the head of the opponent and wounds or
party and not the number nor arms kills him
Must be alleged in the information First intoxicated before murdered
Robbery with rape
Not aggravating o Members of the household were hogtied by electric cords and
If the health, strength, agility, and superiority actually lies not with the gagged with pieces of cloths
accused but with the victim
o 79 year old accused with longer bolo against younger victim who Note:
was also armed Absorbed by treachery
Accused did not conspire to kill the victim Must be alleged in the information
o Proves that they did not jointly exploit their superior strength
No marked difference in the built of the victim and the accused 16. That the act be committed with treachery (aleviosa)
Accused attacked the victim alternately, one after the other

53
There is treachery when the offender commits any of the crimes against the Developed
person, employing means, methods, or forms in the execution thereof which tend Ended
directly and specially to insure its execution, without risk to himself arising from Treachery does not automatically attach simply because the attack came
the defense which the offended party might make from behind. Treachery may be present by reason of the fact that the
murder victim was unarmed and the attack was so sudden and executed in
Basis such a manner as would ensure the assailants that no retaliation could be
o Greater criminal perversity offered by the victim against them
o In manner in which the crime be committed Cannot be appreciated simply because it was sudden and unexpected if
Nature o Done impulsively
o Qualifying o Accidental
Elevates the killing to murder o Not deliberately planned
o Specific o No preparations
Only against persons o Chance encounter
o Spur of the moment
Treachery o Attack was not preconceived
Offender commits any of the crimes against persons Fact that victim was forewarned does not exclude treachery
Employing means, methods or forms in the execution thereof o What is decisive is that the execution of the attack made it
Which tend directly and specially to insure its execution impossible for the victim to defend himself or to retaliate
Without risk to the offender When the attack is continuous and uninterrupted, treachery to be
Arising from the defense which the victim might make considered aggravating, must be present at the inception or commencement
of the attack
Essence of treachery o If absent in the inception and the attack is continuous, treachery,
Attack is even if present at a subsequent stage, is not to be considered
o Deliberate and without warning o Present at the onset of the attack
o Done in a swift and unexpected way o Example
o Affording the hapless, unarmed and unsuspecting victim no There is treachery in a frontal attack when the same is
chance to resist or escape o Sudden and unexpected and
Attack was executed in such a manner as to make it impossible for the o The victim was not given a chance to defend himself, repel the
victim to retaliate attack, retaliate or evade.
Treachery is present if the accused held fast the deceased from behind and
Tests whether or not treachery is present the other accused assaulted him
Was the attack sudden and unexpected Lack of intent to commit so grave a wrong as that committed may co-exist
Was the victim given an opportunity to defend himself, retaliate, or to repel with treachery
the attack or escape o Hit in the head and died
Was the mode of the attack consciously adapted Mode of the attack must not have sprung from an unseen occurrence but
must be thought of by the accused
Note: Fact that the accused fired his gun from behind the victim does not by itself
Must be proved by clear and convincing evidence amount to treachery
Treachery is ever presumed o No evidence that the accused deliberately positioned himself
o No case rest upon presumptions, no matter how reasonable or behind the victim to gain advantage over him when he fired the
probable, but must be based on facts of unquestioned existence shot
o Cannot be presumed from the physical appearance of the When there is conspiracy
cadaver, there must be strong evidence of how the crime o Considered against all the accused
Commenced

54
Absence of conspiracy o How the acts causing injury/death began and developed
o Only against the person who had knowledge of the same at the o This circumstance is not supported by proof of a deliberate and
time of the execution of the crime or his cooperation therein conscious adoption of the mode of attack
Plan to kill the victim without risk to the accused may be inferred from the Prosecution only proved the events after the attack happened, but not the
overt acts that the latter committed manner the attack commences, or how the act which resulted in the victims
o Designation of the respective roles that the two men would play in death unfolded
committing the crime No treachery, if the second stabbing was done during the struggle
o The act of carrying a weapon to be used against the victim o First
Must be alleged in the information For successful perpetration of the rape
There must be clear and convincing evidence of how the aggression was o Second
made, how it began and how it developed After the consummation of her defilement
When the aggression is interrupted and can be divided into two or more o Second stabbing is a separate and a distinct offense as it was not
stages, it is enough that treachery was present at the time the fatal blow necessary to commit rape
was inflicted o Attack was not sudden, unexpected, swift, deliberate and without
o US vs. Baluyot warning
Fired a pistol No treachery if the fatal wound was inflicted as part and a continuation of a
Fled and hid in a closet where he shouted for help single aggression
Shot through the closet and died o Four stab wounds in the front
A single and continuous attack cannot be divided into stages to make it o Stab wound in the back was made while the victim was running
appear that treachery was involved away
No treachery if the wound was inflicted during a frontal and hand-to-hand
clash between the groups who were fighting each other
Examples of treachery (w/ requisites) o Thrust on the abdomen of the victim who was then held prostate
Attacking a child of tender years in the ground was merely a phase of an attack which in its
o Due to their weakness inception was not treacherous
Attacking sleeping victim
Attacking a victim who just woke up Treachery may absorb other aggravating circumstances
Taking advantage of public position
Victims hands were tied before he was stabbed
Abuse of superior strength

Nighttime
Not aggravating Abuse of superior strength, aid of armed men and nighttime
Victim had the opportunity to counter or evade the attack or to escape Abuse of superior strength and aid of armed men
o Distance provided chance to escape Band and abuse of superior strength
o Warning given Craft, fraud and disguise
Victim could easily avoid the attack by fleeing from the accused By taking advantage of superior strength, with the aid of armed men or by
If the mode of the attack was not consciously adapted employing means t weaken the defense
o Impulsively done Taking advantage of public position, abuse of superior strength and
o Spur of the moment nocturnity
o Anger or extreme annoyance and not deliberately planned
Victim had just been aroused from his sleep when attacked 17. That means be employed or circumstances brought about which add ignominy to
the natural effects of the act
o Only spur of the moment
Basis
Not show
o Greater moral depravity on the part of the accused
o How the aggression commenced

55
o Shown by the manner of committing the crime Raped in the presence of her alleged husband who was hogtied and was
Nature beside her on the floor
o Qualifying aggravating In the presence of her father, betrothed or husband
Moral suffering Exhibit to the rapists her complete nakedness before the rape
Plastered mud on private parts
Ignominy Tied banana fiber to penis and inserted into pregnant womans vagina
Circumstance pertaining to the moral order, which adds disgrace and Raped daughter then mother in one place then another
obloquy to the material injury caused by the crime
Ignominy in treason
Ignominy is grave coercion Arresting and maltreating a guerilla suspect by stripping his wife of her
When the removal of the old womans drawers could have no other purpose clothes and then abusing her
but to put her to shame and have no direct bearing on the result sought by Rape, wanton robbery and other forms of cruelty
the accused
18. That the crime be committed after unlawful entry
Not aggravating
Mere fact that the accused fired at the prostate body of the victim There is unlawful entry when an entrance is effected by a way not intended for
If nothing in the record shows that before the deceased died he/she was the purpose
subjected to such indignities as would cause shame or moral suffering Basis
Victim already dead when the ignominious act was committed o Greater criminal perversity displayed by the accused who defiles
o It is required that it be committed in such as manner as to make it protective covers set up by man for his personal safety
more humiliating to the victim, that is, add to his moral suffering Nature
o Example o Generic
Dead when already dismembered
Slicing of left leg Unlawful Entry
Crime was committed in a public place and in the presence of many When an entrance is effected by a way not intended for the purpose
persons
o Did not necessarily make the effects of the crime more humiliating Example
Intention of the accused was shown to be the commission of sexual abuse Breaking windows in forcible abduction with rape
on the victim as an act of revenge for his similar experience as a child Second floor window in robbery with homicide
o Not to put the child in shame but to eliminate the only witness to
his crime Note
If it was not proven and brought about only in cross examination Must be used as a means of entrance and not for escape
Accused committed the act in a desire to avenge his brother Absorbs breaking down a wall
No means was employed nor did any circumstances surround the act Must be alleged in the information
tending to make the effects of the crime more humiliating
o Example Inherent in
Husband murdered in the presence of his wife Violation of domicile
Not alleged in the info o Public officer or employee not authorized by a judicial order shall
enter a dwelling against the will of the owner thereof, search
Ignominy in rape papers or other effects without previous consent of such owner, or
Blisters in pubic area from lighted cigarette having surreptitiously entered said dwelling, and being required to
Inserted penis in her anus leave the premises, shall refuse to do so
the same position as dogs do
Evasion of service of sentence

56
o Jailbreaking Motor vehicle
Trespass to dwelling Must use the motor vehicle in going to the place of the crime
Robbery in an inhabited place, public building or place dedicated to religious Carrying the effects thereof
worship Facilitating the escape
Robbery with homicide
Robbery in an uninhabited place or in a private building Examples
Strategic seating positions in tricycle to stab the victim then cleaned the
19. That as a means to the commission of a crime a wall, roof, floor, door, or window tricycle by washing the blood off
be broken Bumped with jeep, jumped off then stabbed victim
Basis Car used to overtake and block victims car, car contained a pick and shovel
o Greater criminal perversity on the part of an accused who has to used in digging the grave
break a wall, roof, floor, door or window as a means to commit the Rape in taxi cab
crime Abducted complainant by taxicab and brought her to the place where she
Nature was raped
o Generic aggravating Kidnapping and serious illegal detention

Note Not aggravating


Must be used as a means to commit the crime No showing that the motor vehicle was purposefully used to facilitate the
Distinction from unlawful entry commission of the crime or not shown that without it the offense charged
o Unlawful entry could not have been committed
When entrance into a building is made by a way not for When merely incidental and was not purposefully sought to facilitate the
the purpose of entry commission of the offense or to render the escape of the offender easier
and his apprehension difficult
Inherent in o Must be deliberately utilized by the accused
Robbery in an inhabited house or public building or edifice devoted to Not alleged in the information
religious worship
Robbery in an uninhabited place or in a private building 21. That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for its commission
20. That the crime be committed with the aid of persons under fifteen years of age, or Basis
by means of motor vehicles, airships, or other similar means o Greater criminal perversity
Basis o Causing another wrong not necessary for its commission
o Greater criminal perversity Nature
Aid of person under 15 years o Qualifying aggravating
Use of motor vehicles, airships and similar means
o To facilitate the commission of the crime Cruelty
Nature When the culprit enjoys and delights
o Generic Making his victim suffer
o Use of motor vehicles o Slowly and gradually
Qualifying Causing him unnecessary physical pain in the commission of the criminal
act
Examples of aid of minors under 15 years
Stole cellphone then handed the same to 12 year old boy who immediately
fled Test of cruelty (ensanamiento)

57
Whether the accused deliberately and sadistically augmented the wrong by o Hacked the carabao and killed the cow and goat
causing another wrong not necessary for its commission or o Do not augment the sufferings of the victim
Inhumanely increased the victims suffering or outraged or scoffed at his
person or corpse Ignominy vs. Cruelty
Accused enjoyed and delighted in making the victim suffer slowly and Ignominy
gradually causing him unnecessary physical or moral pain in the o Induces moral suffering
consummation of the criminal act Cruelty
o Induces physical suffering
Examples
Poured hot liquid prior to the murder Outrage or scoffing at the person of the victim or his corpse as a qualifying
Numerous wounds before murdered aggravating circumstance
Torture and intimidation
Inserted a cassava trunk inside private organ of weak and dying girl Outrage
Strangulating and setting on fire after having struck him twice on the head To subject to gross insult
Cutting the ear before murdered
Scoff
Note To show contempt, by derisive acts or language
Number of wounds suffered not the test Must already be dead
o Do not prove that the accused deliberately inflicted the injuries to Alleged in the information
prolong unnecessarily the physical suffering of the victim May be deducible from the information
Rape may be aggravating in murder as a form of cruelty o Even if not alleged in the information
Cannot be presumed No scoffing
If there is no proof that the purpose of the accused was to insult the victim of
Not aggravating to show contempt for the dead
Prosecution did not show that the accused enjoyed inflicting injuries upon If the fact relied upon is based on speculation
the victim
Criminal acts were caused by the drugs that diminished the accused mental Examples of scoffing
capacity Anal intercourse when she was already dead
o Caused by drugs and not sadism Dismemberment of the dead body
Intention was not to make the victim suffer but the conceal the corpus delicti Dumped body in ravine
Committed solely to insure death and to conceal the corpus delicti Cut penis of the victim
o Tampered with bullet wounds to make them appear as bolo Decapitated and showed severed head to the neighbors
wounds in order to conceal a gun was used to kill
If the acts were committed after the victim died Scoffing vs. Ignominy
o The victim should still be alive Scoffing
When the acts were committed after the victim died and the operation was o Dead
conceived slowly for the purpose of facilitating the sinking of the cadavers o To show contempt
and preventing their discovery Ignominy
o Disemboweled when already dead for the purpose of facilitating o Alive
the sinking of the cadavers to prevent their discovery o Induce moral suffering
When the accused kicked to check if the victim were still alive and not for
the purpose od augmenting the victims sufferings
Directed against an animal owned by the family of the deceased

58
Not aggravating is accused is stepbrother of the stepsister victim
o Not related by blood nor affinity
Neither aggravating or mitigating if the uncle inflicts physical injuries on his
ALTERNATIVE CIRCUMSTANCES niece
o Not within the enumeration
Art. 15 Their concept Alternative circumstances are those which must be taken into
Aggravating when the offender and the offended party are relatives of the
consideration as aggravating or mitigating circumstances according to the nature and
effects of the crime and the other conditions attending its commission. They are the same level such as killing a brother
relationship, intoxication, and the degree of instruction and education of the offender o Aggravating in crimes against persons when the offender and
offended party are relatives of the same level such as killing a
The alternative circumstance of relationship shall be taken into consideration when the brother
offended party is the spouse, ascendant, descendant, legitimate, natural, adopted In murder, relationship is aggravating when
brother or sister, or relative by affinity in the same degrees of the offender o Victim is the father in law
o Offenders are the father in law and brother in law
The intoxication of the offender shall be taken into consideration as a mitigating o Offender is the stepson of the victim
circumstance when the offender has committed a felony in a state of intoxication, if the Presupposes a valid marriage
same is not habitual or subsequent to the plan to commit said felony but when the Relationship by affinity
intoxication is habitual or intentional, it shall be considered as an aggravating Enumeration is EXCLUSIVE
circumstance Inherent in parricide
Must be alleged in the information
Alternative circumstances
Intoxication
Relationship
Alternative circumstance because it impairs the exercise of ones will power
Intoxication
o Will power impaired
Degree of instruction or education of the offender
o Resistance to evil thoughts is lessened
Relationship
Spouse
Aggravating Not aggravating
Ascendant Habitual Not habitual
Descendant Subsequent to the plan to commit a Not subsequent to the plan to commit the
Legitimate, natural or adopted brother or sister felony felony
Relative by affinity in the same degrees of the offender
Habitual drunkard
RPC silent as to when relationship is mitigating and when it is aggravating One given to intoxication by excessive use of intoxicating drinks
Depends upon the nature and effects of the crime and other conditions o Lessens individual resistance to evil
affecting its commission o Undermines will-power making its victim a potential evil-doer
General rule
o Mitigating in crimes against property Note
o Exempting in crimes of theft, swindling and malicious mischief Amount of alcohol must be so intoxicating as to diminish a mans rational
o Aggravating in crimes against chastity and rape capacity
Rape now a crime against persons Must be proved by clear and convincing evidence to aggravate the crime
o In the absence of which, presumed to be unintentional or not
Note habitual
Aggravating is accused if brother in law Requirements of intoxication

59
o At the time of the commission of the offense, he has taken such
quantity of alcoholic drinks as to blur his reason and deprive him
of a certain degree of self control
o Such intoxication is not habitual or subsequent to the plan to
commit the felony
Neither aggravating nor mitigating in the following
o Not shown in medical certificate
o No showing that it was habitual or intentional
o No proof of amount of liquor taken
o No proof the accused is a habitual and excessive drinker

Degree of instruction and education of the offender


Lack of sufficient intelligence

Not mitigating in cases of robbery, theft or homicide


No one, however unschooled, is so ignorant as not to know it is inherently
wrong and a violation of the law

Test
Lack of sufficient intelligence and knowledge of the full significance of ones
acts not illiteracy

Absence of superior knowledge aggravating


Example
o Doctor who poisons a man

Examples
Mere wage-earner could not sign her statement before the police and had to
affix thereto her thumb mark
Can neither read nor write
Ignorant and unschooled
Accused finished grade one or grade 2
o Must be unschooled

Not mitigating in treason


Love of country should be a natural feeling of every citizen however
unlettered or cultured he may be

Accused has the burden of proving, by competent evidence, illiteracy or lack of


instruction as a mitigating circumstance
Cannot be based on mere deduction or inference

60
1. Those who take a direct part in the execution of the act (principal by direct
participation
2. Those who directly force or induce others to commit it (principal by
inducement)
3. Those who cooperate in the commission of the offense by another act
without which it would not have been accomplished (principal by
indispensible cooperation

PERSONS CRIMINALLY LIABLE 1. Those who take a direct part in the execution of the act (principal by direct
participation
Art. 16 Who are criminally liable -
The following are criminally liable for grave and less grave felonies Principal by direct participation
One who takes a direct part in the execution of the crime
1. Principals o Actually kills
2. Accomplices o Had carnal knowledge
3. Accessories o Unlawfully took
The following are criminally liable for light felonies Not indispensable that the act of agreement be demonstrated, the fact of
agreement must nevertheless be convincingly shown
1. Principals
There must be unity of purpose and unity in the execution of the unlawful
2. Accomplices
objective

Conspiracy
Note
All conspirators are equally liable as principals by direct participation, no
Only natural persons can be criminally liable
matter how minimal the participation may be
o Only natural persons are capable of acting by means of deceit or
Unnecessary to pinpoint who inflicted the fatal blow since the conspirators
fault, malice or negligence (juridical persons are incapable of
such) are equally liable as conspirators, regardless of the extent of their
o Only natural persons can suffer imprisonment or deprivation of contributory participation
May be implied from the circumstances surrounding the commission of the
liberty (juridical persons fine or suspension of license only)
crime (acting in concert for the same purpose and objective)
Juridical persons cannot be held criminally liable
o Agreement
o Criminal responsibility must be borne by the officers managing or
o Decision to commit
operating the enterprise who participated in the commission of the
o Overt act
crime
o Juristic person cannot act with mens rea Not necessary when the accused takes a direct part in the commission of
Juridical persons can bring a criminal action the offense
o May acquire and possess properties of all kinds In the absence of conspiracy, an accused may be held liable only as an
o Incur obligations accomplice and not as a co-principal if he had knowledge of the criminal
resolution
o Bring civil and criminal actions
o No agreement or understanding but participates at some point in
the commission
May be inferred from the overt acts in the commission of the crime
Art. 17. Principals - the following are considered principals o Before
o During

61
o After
It is enough that their individual acts, although separate and distinct, must Requirements of inducement
indicate Precede the commission of the crime
o Personal association Direct and determining cause of the crime
o Close relation or connection Offered with the intention of producing the result
o So as to show
Concerted action What constitutes direct inducement
Community of criminal purpose Advice or words which have
Joint criminal design or objective o Great dominance or influence
Mere presence at the scene does not make one into a conspirator o Direct and efficacious as physical or moral coercion or violence
o Except itself
Provided moral support and reinforce the aggression
Implied conspiracy Acts or utterances
o Acts, words, remarks or language uttered by the accused before, Precede the commission
during or after the commission of the crime Determining cause of the crime or done with the intention of producing the
In the absence of conspiracy result thereof
o Liable individually and only up to the extent of his participation in o Offered precisely with the intention of producing the result
the commission of the crime
Inducer must have the most positive resolution and the most persistent effort to secure
Must be established by clear and convincing evidence
the commission of the crime
Mere presence at the scene and shout to kill does not show conspiracy.
Induce the strongest kind of temptation to commit the crime
Accused is liable as an accomplice
Must have the intention to execute the crime
In case of doubt
o Liable only as an accomplice
The accused who merely assented to the criminal conspiracy out of respect and fear,
and after the murders were committed merely attended a feast by was of custom, may
2. Those who directly force or induce others to commit it (principal by inducement) not the considered as authors by inducement or as accomplices
Did not cooperate
Principal by inducement
No influence over principals of direct participation
One who directly forces or induces another to commit a crime
Does not have to take part in its material execution
Not sufficient inducement
Conceives the perpetration, calls a meeting and persuades them to carry Take care of the two
the purpose into effect and is present at the time of the consummation
Imprudent words without expectation
How may a person be induced to commit a crime Stab him! Stab him!
1. By offering a price, reward or promise o Did not do anything more than say these words except to be
2. By using words of command present at the fight
o Not to the extent that they may be considered as a principal and
When does inducement exist moving cause of the effect produced
When the act performed by the physical author or the crime is determined Imprudent and ill-conceived advise to a woman against her husband
by the influence of the inducer over the mind of him who commits the act Kill him and we will bury him
whatever the source of such influence. o Mere imprudent utterances said in the excitement of the hour or in
Inciting words must have great dominance and influence over the person the heat of anger
who acts o Andiyan na
o They ought to be direct and efficacious Semblance is still a semblance and it cannot take the
o Powerful as physical or moral coercion or violence itself place of facts

62
Equivocal meanings o No convincing proof that there was knowledge of the nefarious
plan
Imprudent utterances, exciting or encouraging words or remarks made AFTER the Merely introducing somebody to the principal by direct participation is not
mortal blow has been inflicted, do not make one a principal by inducement evidence of indispensable cooperation
No inducement o Nominal role
Needed no exhortation to persuade him to kill Forcing the victim to drink beer with her would be rapist is not an act of
Needed no prodding or instigation indispensable cooperation
o Could have consummated the act of rape even without consent of
An accused may be BOTH a principal by direct participation and inducement the other to force ABC to drink beer
Proposed crime and stood by the stairs to insure companions would not get Presence of the accused with a stick when his companions assaulted the
caught victim with his own stick
o Liable only as an accomplice
3. Those who cooperate in the commission of the offense by another act without Joining the brother in stoning the victim and preventing the latters wife and
which it would not have been accomplished (principal by indispensible neighbors from giving succor
cooperation o Cooperation was not indispensable, only accomplices
Convincing the rape victim to come with her until she received the money
Principal by indispensable cooperation
from the rapist is not an act of indispensable cooperation
One who having direct participation in the criminal design o Could still have been raped even without accompanying rape
Cooperates in the commission of the crime victim
By committing another act
Without which the crime would not have been accomplished Raised suspicion does not make an accused a principal by indispensible cooperation
Prosecution failed to establish that the accuseds acts were of such
Requisites importance that the crime would not have been committed without him or
Participation in the criminal resolution that he participated in the actual murder
o Anterior conspiracy or
o Unity of criminal purpose and intention immediately before the An accused may be both a principal by direct participation and a principal by
commission of the crime charged indispensable cooperation
Cooperation in the commission of the offense by performing another act Example
without which it would not have been accomplished o Assisting in rape principal by indispensable cooperation
o Raping the victim herself principal direct participation
Accused must unite with the criminal design of the principal by indispensable
cooperation
Assistance knowingly or intentionally rendered without which cannot exist Art. 18. Accomplices Accomplices are the persons who, not being included in Article
without previous cognizance of the criminal act intended to be executed 17, cooperate in the execution of the offense by previous or simultaneous acts
Unite with criminal design
Accomplices
If contributory acts were made after the crime was committed, the accused cannot be Person who, not being included in Article 17 as a principal by direct
considered to be a principal by indispensable cooperation participation, by inducement or by indispensible cooperation, cooperates in
the execution of the offense by previous or simultaneous acts
Not principal by direct cooperation One who knows the criminal design and cooperates knowingly or
Kicking the victim before he was stabbed intentionally therewith by an act which, even if not rendered, the crime
o After kicking, remained where he was and did not cooperate would be committed just the same
o No conspiracy
Opening the gate upon hearing a knock Elements

63
1. Community of criminal design, that is, knowing the criminal design of the Aiding the actual killers by casting stones and
principal by direct participation distracting his attention is done by an accomplice
2. Performance of previous or simultaneous acts which are not indispensable Looking for a banca that was eventually used by the
robbers makes one an accomplice in the absence of
Example conspiracy
Hitting the victims companion with a piece of would to prevent him from Driving a taxi cab in which the three drivers rode
helping the victim is an act of an accomplice Pre-arranged signal to another accused may make one
an accomplice
Participation presupposes that the principal and the accomplice acted in conjunction Flicking of lighter as signal for attack and
and directed their efforts to the same end hacked right side of waist to finish what
Knowledge of the criminal intention brother started
Complicity as evidence by
o Simultaneous or previous acts In the absence of complicity between the accomplice and the author of the crime, the
Which contribute to the felony person purported to be an accomplice may not be held criminally liable
Note Complicity
Performing overt acts, which by themselves, are acts of execution makes o Participation to do a wrongful act
one a principal by direct participation and not merely an accomplice Principal element of every punishable complicity
Previous acts of the accomplice should not be indispensible, otherwise, she o Concurrence of the will of the accomplice with the will of the
would be liable as a principal by indispensable cooperation author of the crime
o Mother consented to daughters rape case by forcing her to drink o Which presupposes the mediate or immediate agreement of both
beer to carry out the commission thereof
If no concurrence
Look-out o Not liable as an accomplice
Principal by direct participation Mere presence at the scene does not make one into an accomplice
o If there is conspiracy o There must be acts of aid and assistance
Accomplice Prior to or
o Not part of the conspiracy or the resolution to commit the crime Simultaneous with the commission of the crime
o Example o Rendered knowingly for the principal
Merely approached by the robbers who was tasked to Utterances are not sufficient to fix complicity upon a person charged as an
look for a get away vehicle accomplice, where other facts show that the spokesman did not speak said
Not with the robbers when they resolved to commit the words with the intention that the person slain should be wounded
felony
No showing that he took part in the planning or the
execution of the crime or any proof indicating that he Examples of no conspiracy and no concurrence of the will
profited from the fruits of the crime, or of the acts The person only took sides
indicative of confederacy on his part o No conspiracy
o No evidence that he joined the commission of the homicide
Note
Brothers holding down a man during a quarrel, father appeared and stabbed
One who has not taken a direct part in the fatal assault is an accomplice
the man
In the absence of conspiracy or participation
o No concurrence of the will of Isidro and Clemente
o Examples
Sudden and unexpected infliction of mortal injuries with a club upon the
The one who was holding the victim by the arms at the
person being held down by another
time the slayer fired the fatal shot are both accomplices
o No concerted action
o No reason to believe homicidal attack was about to be made

64
or accomplices, take part subsequent to its commission in any of the following
Conspirator Accomplice manners:
Take part in the criminal intention or Merely agree to cooperate in the
design execution of the criminal design 1. By profiting themselves or assisting the offender to profit by the effects of
Decided that a crime should be Merely concur and do not decide the crime
committed 2. By concealing or destroying the body of the crime, or the effects or
Authors of the crime Instruments who perform acts not instruments thereof, in order to prevent its discovery
essential to the perpetration of the 3. By harboring, concealing, or assisting in the escape of the principal of the
offense crime, provided the accessory acts with abuse of public functions, or
Both know and agree with the criminal design whenever the author of the crime is guilty of treason, parricide, murder, or
an attempt to take the life of the Chief Executive, or is known to be
habitually guilty of some other crime
Principal by direct participation Accomplice
Accessory
Decide whether the crime should be Knowing the criminal design of the
committed principal and concurs with the latter in his One who does not participate in the criminal design
purpose Nor cooperates in the commission of the crime
Act of execution Performance of previous or simultaneous But with knowledge of the commission of the crime he subsequently takes
acts that are not indispensable to the part in 3 ways
commission of the crime 1. Profiting or assisting the offender to profit
2. Concealing the body, effects or instruments of the crime in order
PD 532 Anti- Piracy and Anti-Highway Robbery Law to prevent its discovery
Any person who 3. Assisting in the escape or concealment of the principal
o Knowingly and in any manner aids or protects pirates or higway a. Public officer
robbers/brigands, or i. Any crime
o Acquires or receives property taken by such pirates or brigands or b. Private individual
i. Murder
o In any manner, derives any benefit therefrom or
ii. Attempt against the life of the president
o Directly or indirectly abets the commission
iii. Parricide
Shall be liable as an accomplice iv. Treason
v. Habitually guilty of some other crime
Certain accomplices to be punished as principals in certain crimes against chastity
Ascendant, guardian, curator, teacher and any person who by abuse of Requisites
authority or confidential relationship shall cooperate as an accomplice in Knowledge of the crime
o Rape Did not take part in its commission as a principal or accomplice
o Acts of lasciviousness Took part subsequent to its commission in any of the three ways
o Qualified seduction enumerated in Art. 19
o Simple seduction
o Acts of lasciviousness with consent of the offended party 1. By profiting themselves or assisting the offender to profit by the effects of the
o Corruption of minors crime
o White slave trade
o Forcible abduction Note:
o Consented abduction Knowledge of the commission of the crime is necessary to make one an
accessory after the fact
Art. 19 Accessories Accessories are those who, having knowledge of the o Knowledge and either
commission of the crime, and without having participated therein, either as principals Availed himself of the stolen property or

65
Aided the thieves or Anything of value which he knows, or should be known to him to have been
Performed acts tending to prevent discovery of the derived from the proceeds of the crime of robbery or theft
crime or to
Protect the principal Elements
Profits or assists in profiting A crime of robbery or theft has been committed
Received property from another knowing it had been stolen The accused who is not a principal or an accomplice in the commission
o Example shall
Received two stolen carabaos and used them in his a. Buy
farm knowing it was stolen b. Receive
Receiving part of the ransom money even if did not c. Possess
have a direct hand in the crime d. Keep
Receiving part of the stolen goods e. Acquire
f. Conceal
By assisting the offender to profit
g. Sell
Received the carabaos with instructions to sell them in order to afterwards h. Dispose
divide it between them the proceeds of the sale i. Or shall buy and sell
One who disposes (returns) of stolen property after he is informed of its j. Or in any manner deals in any
character by demand for its return to the owner is guilty as an accessory i. Article
even if he did not know that the property was stolen at the time it came into ii. Item
his possession iii. Object
A keeper who accepts stolen articles for deposit is an accessory iv. Anything of value
o Assisted in profiting k. Which has been derived from the proceeds of the said crime
The individual in whose possession a stolen article is found is the principal Knows or should have known that the said article, item or object has been
in the crime of robbery or theft derived from the proceeds of the crime of robbery or theft
o EXCEPT There is intent to gain for himself or another
Should prove who was the actual author thereof and
that as a bearer or holder he is merely an accessory Notes
X satisfactory explanation showing how he possessed Malum prohibitum
the same o Intent immaterial
Without documents to justify ownership Prima facie presumption of fencing from evidence of possession of the item
which ahs been the subject of robbery or theft
ANTI FENCING LAW Need to prove the accused knew or ought to have known that the thing was
a fruit of the theft of robbery
Fencing
Act of any person who, with intent to gain for himself, or for another, shall Accessory in the RPC and AFL
o Buy Enacted to impose heavy penalties on persons who profit by the effects of
o Receive the crimes of robbery and theft
o Possess Separate and distinct crimes
o Keep State may choose to prosecute him either under the RPC or AFL
o Acquire Preference for AFL inevitable
o Conceal o Malum prohibitum
o Sell o Presumption of fencing
o Dispose o Higher penalty
o Or shall buy and sell
ANTI-HIGHWAY ROBBERY LAW

66
Any person who knowingly and o H/C/A in the escape of the principal guilty of
In any manner aids or protects pirates or highway robbers/brigands such as Treason
o Giving them information about the movement of police or other Parricide
peace officers of the government Murder
o Acquires or received property taken by such pirates or brigands Attempt to take the life of the Chief Executive
o Derives any benefit therefrom Or is known to be habitually guilty of some other crime
o Directly or indirectly abets the commission of piracy or highway
robbery or brigandage, Examples
Shall be considered as an ACCOMPLICE of the principal offenders and be Public officer
punished in accordance with the rules prescribed by the RPC o Failed to effect the immediate arrest and to conduct a speedy
investigation
Giving false information to mislead authorities
2. Concealing the body, effects or instruments of the crime in order to prevent its Throwing victims dead body into the river
discovery Driving the principal by direct participation in the crimes of murder and
Example homicide in his jeep to another place until he was arrested
o Making it appear that the deceased was armed and thus it was Warning the witness who was able to identify the murderers of her husband
necessary to kill him not to tell anyone or else she will be killed makes the wife an accessory
o Dumping gun in a garbage barrel to prevent discovery because she assisted in the concealment or escape of the principal
o Hiding or disposing the body of the victim Assisting by driving his bicycle with the principal
o Burying the bodies of the deceased
Penalty two degrees lower Not an accessory
Not an example Mere silence while having knowledge
o Bringing the body of the deceased to the foot of the stairs and Refraining from reporting an offense to the proper authorities
leaving him there for anyone to see is not the act of an accessory Mere fact that one does not denounce the perpetration of a crime to the
o Knowing where the principal hid the murder weapon does not authorities is not a punishable offense
make one an accessory Mere presence at the time and place of the commission of the crime
Does not imply that he concealed it to prevent its
discovery Note
o Mere presence at the time the seized logs were turned over by Accused is a principal not an accessory if there is conspiracy
the DENR officers and the fact that the seized logs were placed Responsibility of accessory after the fact is subordinate to that of the
behind his fathers house do not make one an accessory in a
principal
prosecution for malversation of public property through
Determination of the liability of the accomplice or accessory can proceed
negligence or abandonment
Not enough proof of complicity independently of that of the principal
o Corresponding responsibilities or P/A/A are distinct from each
Not sufficient to make one an accessory
other
o As long as he commission of the offense can be duly established
3. Assisting in the escape or concealment of the principal
in evidence, the determination of the liability of the accomplice or
Two kinds accessory can proceed independently of that of the principal
o If principal is acquitted
Public officer
X necessarily mean accessory also acquitted if
o H/C/A in the escape of the principal
responsibility is duly proven
o With abuse of his public functions
The identity of the assailant is of no material significance for the purpose of
Private individual
the prosecution of the accessory
o Without abusing his public functions

67
o Even if the assailant cannot be identified, responsibility as an Failure on the part of the arresting officer to arrest the person of the
accessory may still be established accused makes the latter a fugitive from justice and is not equivalent to a
If principal is acquitted under a justifying circumstance EXCEPT Par. 4 commission of another offense of obstruction of justice
(State of necessity) then his acquittal carries with it acquittal of the
accessory Art. 20. Accessories who are exempt from criminal liability the penalties prescribed
If principal is acquitted on the ground of exempting circumstance of for accessories shall not be imposed upon those who are such with respect to their
Accident then the acquittal carries with it the acquittal of the accessory. spouses, ascendants, descendants, legitimate, natural, adopted brothers and sisters
Receiving a share in the consideration for the commission of the crime is an or relatives by affinity within the same degrees, with the single exception of
act of an accessory and not of an accomplice accessories falling within the provisions of paragraph 1 of the next preceding article

Examples Absolutory cause for particular accessories


X accessory for not reporting fire is the fire was the result of an accident Absolutory cause of relationship
Principal is minor or insane
Who are exempt
o Accessory may still be convicted if the crime was in fact
Spouses
o Established
Ascendants
Accomplice Accessory Descendants
X participate in the commission of the X participate in the commission as a L/N/A brothers and sisters
crime as a principal principal or accomplice Relatives by affinity within the same degrees
If he committed acts falling under Par. 2 and 3 of Art. 19 namely
Previous or simultaneous acts Acts subsequent to its execution o Concealing or destroying the body of the crime or instruments
Liable for light felonies X liable for light felonies thereof
Penalty one degree lower than the Two degrees lower than the penalties o By harboring, concealing, or assisting in the escape of the
penalty prescribed by law prescribed by law principal of the crime, provided the accessory acts with abuse of
public functions, or whenever the author of the crime is guilty of
PD 1829 PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION treason, parricide, murder, or an attempt to take the life of the
OF CRIMINAL OFFENDERS Chief Executive, or is known to be habitually guilty of some other
crime
Note
Committed by Reason
o Public officer or Ties of blood
o Private individual Preservation of the cleanliness of ones name which compels one to conceal
Public office is not an essential element crimes
Examples
Judge who offers an amount of money to the complainants father as Examples
consideration for the withdrawal of the charges against the judge is guilty of Sister of murderer drove the car where the corpse of the victim was hidden
obstruction of justice and resisted to stop when chased by the police
Act of justice giving money to a person against an administrative case Brother in law assisted I concealing the body of the crime
against him constitutes obstruction of justice Even if only two of the principals are the brothers and the others are not
related to him, he is still exempt from criminal liability
No obstruction of justice
Arrest prevented is illegal When is a relative liable?
o Had a right to prevent arrest of fraternity member because Par. 1 By profiting themselves or assisting the offender to profit by the
attempted arrest was illegal effects of the crime

68
Not under the impulse of blood or close relationship Self-defense and exemplarity theory to justify the death penalty
Motivation of material gain or profit Take life in retribution for his offense and as an example and warning to
Example others
o Mother assisted her daughter to obtain gain or profit from the
crime of theft Art 21. Penalties that may be imposed no felony shall be punishable by any penalty
not prescribed by law prior to its commission
PENALTIES IN GENERAL
What penalty should be imposed?
Penalty Prescribed by law prior to the commission of the crime
Punishment prescribed by the law prior to the commission of the crime and
imposed by the court upon conviction of the accused Nature of the provision
Not a penal provision
Juridical condition of a penalty Neither defines nor provides a punishment for one
Legal Declaration that no person shall be subject to criminal prosecution for any
o Prescribed by law prior to the commission of the crime act until the state has defined the misdemeanor or crime and has fixed a
Judicial penalty therefore
o Imposed by the court upon conviction
When may a crime be punished under a law passed after its commission?
Definite
If the new law if favorable to the accused who is not a habitual delinquent
o Cannot be uncertain or unconditional
Personal
Duty of the courts to apply the law and impose the penalty prescribed thereon
o No one should be punished for the crime of another regardless of his private opinion
o Cannot be given against an heir, unless such heir is benefited by Courts are not concerned with the wisdom, efficacy or morality of laws
such wrong Duty of the judicial officers to respect and apply the law regardless of their private
Commensurate opinions
o Commensurate with the offense
Productive of suffering Art. 22 Retroactive effect of penal laws Penal laws shall have a retroactive effect in
insofar as they favor the persons guilty of a felony, who is not a habitual criminal,
Theories justifying a penalty although at the time of the publication of such laws a final sentence has been
Preventive pronounced and the convict is serving the same
o State must punish the criminal to prevent or suppress the danger
to the State and to the public Note
Self-defense Art. 22 refers to substantive penal laws
o State has the right to punish as a measure of self-defense so as
to protect society from the threat and wrong inflicted by the When does the benefit of retroactivity and liberal construction of penal laws accrue?
criminal When penal laws are repealed, except if the law violated by them expired by
Reformation virtue of its own force, as it involved an absolute repeal.
o State has the duty to correct and reform the criminal
Repeal of a penal law
Exemplarity 1. Absolute
o Serve as an example to deter the commission of others of crimes a. Effect of obliterating the offense from the statute books
Justice b. Court loses jurisdiction
o Act of retributive justice, a vindication of absolute right and moral c. If in prison
law violated by the criminal i. Released
d. X commenced

69
i. Can no longer file Not retroactive when expressly provided by the law itself
e. Kinds Not retroactive when not favorable to the accused
i. Expressed o Violate constitutional provision against ex post facto laws
1. Expressly repeals a prior law in absolute o Ex post facto law
terms that such conduct formerly denounced o A law which :
as a crime is no longer deemed criminal
o Makes criminal an act, which, when committed was not
2. Accused cannot be convicted
3. Offense no longer exists punishable.
ii. Implied o Aggravates a crime, or makes it greater than it was when
1. Repealing law entirely failed to penalize the committed
acts which constituted the offense defined or o Changes the punishment and inflicts greater punishment
penalized in the repealed law than the law existing at the time the crime was committed
2. Deprives courts of jurisdiction o Alters the legal rules of evidence and authorizes conviction
2. Partial upon less or different testimony than the law required at the
a. Repealing law penalizes the same act punished by the repealed time of the commission of the offense
law o Assumes to regulate civil rights and remedies only, but in
b. Court retains the authority under the old or the existing law at the effect imposes a penalty or deprivation of a right for
time of its commission something which when done was lawful
c. If same act o Deprives a person of some lawful protection to which he has
i. Penalty lighter if X a habitual delinquent become entitled such as protection from a former conviction
3. Self-repeal or acquittal or a proclamation of amnesty
a. Expires by its own terms Unnecessary to retroactively apply the law when the penalty for the old and
b. Same as though it had been repealed at the time of its expiration new law is the same
c. Same effect as an absolute repeal Jurisdiction of a court to try a criminal action is to be determined by the law
d. Example in force AT THE TIME OF INSTITUTING THE ACTION, not at the time of the
i. Rent Control Act commission of the crime
Notes o Commencement of the criminal action
Purpose of subsequent laws that are made more favorable to the accused
o Correct injustice in litigation
o Make amends for injustice to the fullest extent possible
Principal of retroactivity
o Applies to all penal laws
Habitual delinquent not entitled
Courts mandated to apply art. 22 even if not invoked by the accused
Applies even if the sentence has become final and the accused is serving
sentence
Applicable to special laws
o CDDA
o Illegal possession of drugs and firearms
Habitual delinquency does not apply
Not part of crimes mentioned
JJWA given retroactive effect since more favorable to the accused
RA 9346 Prohibiting the imposition of the death penalty has been given
retroactive effect since more favorable to the accused

70

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