CRIMINAL LAW REVIEW NOTES Exceptions: when a new statute dealing with a crime

establishes conditions more lenient or favorable to the

accused, it can be given a retroactive effect.
Criminal Law- is that branch or division of law which defines
crimes, treats of their nature and provides for their
punishment REVISED PENAL CODE- ACT 3815 AS AMENDED
AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
Crime- is an act committed or omitted in violation of a public law
forbidding or commanding it History:

Sources of Philippine Criminal Law Code of Kalantiaw

a. The Revised Penal Code and its amendments Spanish Kodigo Penal
b. Special Penal laws Revised Penal Code
c. Penal Presidential Decrees issued during Martial Law
Article 1. Time when Act takes effect- This Code shall take
Limitations in the enactment of penal laws effect on the first day of January, nineteen hundred and thirty-
a. No ex post facto law or bill of attainder shall be enacted two.
b. No person shall be hold to answer for criminal offence
without due process of law Basis of RPC

Ex post facto law- Classical Theory Positivist Theory

a. Makes criminal an act before the passage of the law; Basis of criminal liability is human Man is subdued occasionally by a
innocent when done and punishes such an act; free will and the purpose of strange and morbid phenomenon
b. Aggravates a crime or makes it greater than it was penalty is retribution which constrains him to do wrong
committed in spite of or contrary to his volition
c. Changes the punishment and inflicts a greater Man is essentially a moral Crime is a social and natural
punishment than the law annexed to the crime when creature with an absolutely free phenomenon and it cannot be
will to choose between good and treated by imposing punishment
committed
evil
d. Alters the legal rules of evidence and authorizes Established a mechanical and
conviction upon less or different testimony than the law direct proportion between crime
required at the times of the commission of the offense and penalty
e. Assumes to regulate civil rights and remedies only, in Scant regard to the human
effect imposes penalty or deprivation of a right for element
something which when done was lawful
f. Deprives a person accused of some lawful protection to
which he has become entitled Article 2. Application of its provisions.- except as provided
on the treaties and laws of preferential application, the provisions
Bill of attainder- is the legislative act which inflicts punishment of this code shall be enforced not only within the Philippine
without trial. Its essence is the substitution of a legislative act Archipelago, including its atmosphere, its interior waters and
for a judicial determination of guilt maritime zone but also outside its jurisdiction against those who:

Right to confrontation and cross-examination- right that may be 1. Should commit an offense while on a Philippine ship or
waived airship;
Right to be informed of the nature and cause of the accusation
against him- rights that may not be waived Provisions shall apply within the Philippine archipelago but
also outside of its jurisdiction in certain cases:
Characteristics of a criminal law
When the offender should commit an offense while on a
Philippine ship or airship- (registration of vessel or aircraft is
1. General- binding on all persons who live or sojourn in
registered with the Bureau of Customs not the owner) except
the Philippines; Includes even foreigners; civil courts when the Philippine vessel is already in the territory of a foreign
have concurrent jurisdiction with general court martial country
courts, whoever take cognizance of the case first shall
have the jurisdiction 2. Should forge or counterfeit any coin or currency note of
the Philippine Islands or obligations and securities issued
Exceptions: those provided in treaties and laws of by the Government of the Philippine Islands;
preferential application
Treaties Bases Agreement Person who makes false or counterfeit coins or forges treasury
Preferential application- RA 75 which exempts or bank notes or other obligations and securities in foreign may
sovereigns and other chief of state; be prosecuted in our country for violation of Art. 163 of RPC
ambassadors, ministers
plenipotentiary, ministers 3. When the offender should be liable for acts connected
residents and charges daffaires with the introduction into these Islands of the
obligations and securities mentioned in the preceding
2. Territorial- criminal laws undertake to punish crimes number;
committed within Philippine territory; penal laws of the
Philippines are enforceable only within its territory. The reason is that its introduction into the country is as
Territory is provided in Art. 1 of 1987 Constitution; dangerous as forging or counterfeiting of the same, to the
economical interest of the country
3. Prospective- penal law can not make an act punishable
in a manner in which it was not punishable when 4. While being public officers or employees should commit
committed an offense in the exercise of their functions;
 Commission of crimes of direct bribery, indirect bribery, frauds Classification of felonies: RPC Offense
against public treasury, possession of prohibited interest, Intentional Culpable Special laws
malversation of public funds or property, failure of accountable Act or omission is Act not malicious; Acts are
officer to render accounts, illegal use of public funds or property, malicious; voluntary voluntary punishable by city
failure to make delivery of public funds or property and or municipal ord.
falsification if committed abroad in the exercise of his functions
Act is performed with Acts results from Intent is not
can be prosecuted in the Philippines
deliberate intent (with imprudence (lack of skill) necessary;
malice) or negligence (lack of sufficient is the
5. Should commit any of the crimes against national foresight) intent to
security and the law of nations, defined in Title One of perpetrate the act
Book Two of this Code meaning the act
was done freely
Crimes include treason, conspiracy and proposal to commit and consciously
treason, espionage, inciting to war and giving motives for In performing an act has The injury caused is Dolo not required.
reprisals, violation of neutrality, correspondence with hostile the intention to cause an unintentional, it being Act alone irrespec-
country, flight to enemys country and piracy and mutiny on the injury to another simply the incident of tive of motives is
high seas another act performed an offense
Freedom, intelligence Freedom, Intelligence, mala in se
Rules as to jurisdiction over crimes committed aboard and intent imprudence or mala prohibita
foreign merchant vessels. negligence

Not culpable crimes- murder, treason, robbery and malicious mischief

French Rule- such crimes are not triable in the courts of that
country unless their commission affects the peace and
security of the territory or the safety of the state endangered.
English Rule- such crimes are triable in that country unless
they merely affect things within the vessel or they refer to the
internal management thereof
Our country observed English Rule
Legal maxims- actus non facit reum, nisi mens sit rea the act itself does
not make a man guilty unless his intention were so.
Actus me invite factus non est meus actus- an act done by me
against my will is not my act.
Mistake of fact- is a misapprehension of fact on the part of the
person who caused injury to another. He is not criminally liable
because he did not act with criminal intent.

Mere possession of opium aboard a foreign merchant Requisites:

a. Acts done would have been lawful had the facts been as the
vessel in transit is not triable in Phil. Courts because the
accused believe them to be.
fact alone does not constitute breach of public order it b. Intention should be lawful
becomes triable when opium landed in Phil. Soil, so as c. The mistake must be without fault or carelessness on the part of
smoking opium the accused

Article 3. Definition. Acts and omissions punishable by Mala in se Mala prohibita

law are felonies (delitos). Wrongful in their nature
Felonies are committed not only by means of deceit (dolo) but also Theft, rape, homicide
by means of fault (culpa). Serious in their effects on society as
There is deceit when the act is performed with deliberate intent to call for almost unanimous
condemnation of its members
and there is fault when the wrongful act results from imprudence,
Intent governs
negligence, lack of foresight or lack or skill. Refers to felonies defined and
penalized in RPC, if inherently moral
Felonies- acts or omissions punishable by the RPC; is Special Laws
Wrong because it is prohibited
Illegal possession of firearms
Designed to secure a more orderly
regulation of the affairs of society
Intent is not necessary
Refers to acts made criminal by
special law

Elements:
a. There must be an act or omission that is punishable Intent Motive
by RPC and that the act is performed by means of Purpose to use particular means to Moving power which impels one to
dolo or culpa effect result act for a definite result
Not an essential element of crime
Offense- acts or omissions punishable by Special laws except when there is doubt as to
the identity of assailant, important
in ascertaining the truth between
Act- bodily movement tending to produce some effect in the
two theories or versions of killing
external word; an act should be external
Omission- inaction, the failure to perform a positive duty which
one is bound to do
Article 4. Criminal liability. Criminal liability shall be
Examples:
incurred:
Failure to render assistance to a wounded or dying
1. By any person committing a felony (delito) although
person he finds in an uninhabited place- abandonment
wrongful act done be different from that which he intended.
An officer who voluntarily failed to issue receipt with
2. By any person performing an act which would be an
collection of taxes-illegal exaction
offense against person or property, were it not for the inherent
Did not disclose knowledge or make known to proper
impossibility of its accomplishment or on account of the
authorities of conspiracy against the government-
employment of inadequate or ineffectual means.
misprision of treason
There is a law requiring certain act to be performed and the person Rationale: el que es causa dela causa es causa del mal
required to do it failed to perform it. causado he who is the cause of the cause, is the cause of all
There is no law requiring to report to authorities crime being
witnessed, thus it is not a felony.
evil caused.
Legal maxim nullum crimen nulla poena sine lege. There is crime
when there is law punishing it.
 Important words and phrases of 1st paragraph
Committing a felony:
Not merely performing an act. ( omission)
Intentional felony must be committed by means of dolo
When a person has not committed a felony, he is not
criminally liable for the result which is not intended
Suicide is not a felony, it is the consequence of the act
which is covered by justifying circumstance;
It is felony when a person creates danger in the mind
of another person and the person was injured
Robbery in the passenger jeepney, one of the culprits told the
women passengers to bring out their money and not to shout
or else they will be shot. One woman jumped out of the
jeepney, her head struck the pavement and died.
Although wrongful act be different from what he intended:
Causes are mistake in the identity of the victim (error in
personae) or mistake in the blow (aberratio ictus) and
injurious result is greater from what is intended (praetor
intentionem)
The wrong done must be direct, natural and logical
consequences of the felony committed.
The victim was threatened or chased by a knife, jumped into the
water and because of strong water current and he did not know
how to swim, he sank down and died of drowning
The felony committed must be the proximate case of the
resulting injury (proximate cause- that cause which is natural
and continuous sequence, unbroken by any efficient intervening
cause produces an injury and without which the result would not
have occurred.)
It is not proximate cause is there is an active force that
intervened between the felony and resulting injury and
the active force is distinct act or fact absolutely foreign
from the felonious act and the resulting injury is due to
the intentional act of the victim.
While the bus was running very fast in a highway, one of the
front tires burst and the vehicle began to zigzag until it fell into a
canal and turned turtle. Four passengers could not get out as
the bus overturned. Gasoline began to leak and began
spreading. About ten men, one carrying a lighted torch was
approached to help but immediately a fierce fire started and
burned the trapped passengers- the proximate cause is the
negligence of the driver and conductor to warn the rescuers.
Death is presumed to be the natural consequence of
physical injuries inflicted when following facts are
established:
1. That the victim was in normal health when inflicted
2. Death may be expected from injuries inflicted
3. Death ensued within reasonable time
A boy of good health was whipped, spanked and thrown against
the post by his teacher, his breast hitting it. That he complained
to his mother of pain and he was found to have two suspicious
bluish spots, he vomited blood and died 3 days after. There
being no proof of any intervening cause, the teacher was
convicted of homicide.
A supervening event may be the subject of amendment of original
information or of a new charge without double jeopardy.
Important words and phrases of 2nd paragraph:
Impossible crime- indicative of criminal tendency of an actor; he is
a potential criminal. Also meant impossible attempts
Requisites of Impossible crime:
1. The act performed would be an offense against persons
or property;
Felonies against persons - parricide, murder, homicide,
infanticide, abortion, duel, physical injuries, rape
Felonies against property- robbery, brigandage, theft,
usurpation, culpable insolvency, swindling and other deceits,
chattel mortgage, arson and other crimes involving destruction,
malicious mischief.
2. The act was done with evil intent
3. Its accomplishment is inherently impossible or the
means employed is inadequate or ineffectual.
4. The act performed should not constitute a violation of
another provision of the RPC.
Purpose of punishing the impossible crime- to suppress criminal
propensity or criminal tendencies. Objectively, he has not
committed a felony but subjectively, he is a criminal.
Article 5. Duty of the court in connection with acts
which should be repressed but which are not covered by
the law and in cases of excessive penalties. Whenever a
court has knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall render the
proper decision and shall report to the Chief Executive, through
the Department of Justice, the reasons which induce the court to
believe that said act should be made the subject of penal
legislation.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such statement as
may deemed proper, without suspending the execution of the
sentence, when a strict enforcement of the provisions of this Code
would result in the imposition of a clearly excessive penalty, taking
into consideration the degree of malice and the injury caused by
the offense.
1st paragraph:
There is no crime if there is no law punishing the act.
Requisites:
1. The act committed appears not punishable by any law.
2. But the court deems it proper to repress such act;
3. In that case, the court must render the proper decision
by dismissing the case and acquitting the accused;
4. The judge must then make a report to the Chief
Executive through the Secretary of Justice, stating the
reasons which induce him to believe that the said act
should be make subject of penal legislation.
2nd paragraph:
A. In cases of excessive penalties
Requisites:
1. The court after trial finds the accused guilty
2. The penalty provided by law and which the court
imposes for the crime committed appears to be
excessive because- a. the accused acted with lesser
degree or malice b. there is no injury caused or the
injury caused is of lesser gravity
3. The court should not suspend the execution of the
sentence;
4. The judge should submit a statement to the Chief
executive through the Secretary of Justice,
recommending executive clemency.
Recommendation of executive clemency for the wife who killed
her cruel husband;
 Recommendation of executive clemency because of the severity
of penalty for rape
Penalties are not excessive when intended to enforce a public
policy
The courts are not concerned with the wisdom, efficacy or
morality of laws. They have the duty to apply the penalty
provided by law as well as the duty to apply the law as
interpreted by Supreme Court, disregarding their feeling of
sympathy or pity for an accused.
The phrase the provisions of this Code-
This Article may not be invoked in cases involving acts mala
prohibita because it only applies to act mala in se. It only has
application to the felonies defined and penalized by RPC.
Article 6. Consummated, frustrated and attempted
felonies. Consummated felonies, as well as those which are
frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for
its execution and accomplishment are present; and it is frustrated
when the offender performs all the acts of execution which would
produce the felony as a consequence but which nevertheless, do
not produce it by reason of causes independent of the will of the
perpetrator.
There is an attempt when the offender commences the
commission of the felony directly by overt acts, and does not
perform all the acts of execution which should produce the felony
by reason of some cause or accident other that his own
spontaneous desistance.
Development of a crime
1. Internal acts- mere ideas in the mind or a person, not
punishable
Intention and effect must concur
2. External acts-
Preparatory acts- ordinarily not punishable
Examples: buying poison or carrying a weapon with which to kill
the intended victim, carrying inflammable materials to the place
where a house is to be burned.
Acts of execution- attempted, frustrated and
consummated.
Attempted felony elements:
1. The offender commences the commission of the felony
directly by overt acts. That is there should be external acts
that have direct connection with the crime intended to be
committed.
Overt act- is some physical activity or deed, indicating the intention to
commit a particular crime, more than mere planning or preparation,
which if carried to its complete termination following its natural
course, without being frustrated by external obstacles nor by the
voluntary desistance of the perpetrator, will logically stand and
necessarily ripen into a concrete offense. As distinguished to
preparatory acts, this has direct connection with the crime to be
committed. e.g. Mixing of poison with the food, put into the mouth of
victim
Preparatory acts- acts that do not disclose necessarily an intention to
kill a person. e.g. buying of poison from a drugstore
Not overt acts- drawing or trying to draw a pistol, raising a bolo as if
to strike.
Indeterminate offense-purpose of the offender in performing an act is
not certain.
Only offenders who personally execute the commission of a
crime be guilty of attempted felony. If inducement is done to
other person to commit the crime which did but did not succeed it
is already a conspiracy. In conspiracy- the act of one is the act of
all.
2. Does not perform all the acts of execution- if anything yet
remained for him to do, he would be guilty of an attempted
crime.
The accused for the purpose of entering the dwelling of another broke
one board and unfastened another from the wall but before he could
enter he was arrested. The crime is attempted to trespass dwelling
because there was something yet for him to do, that is to commence
entering through the opening he created to perform all the acts of
execution.
3. By reason of some cause of accident- the offender fails to
perform all the acts of execution because of some cause or
accident.
Cause: A pick the pocket of B, inside which is a wallet with P50.00.
Before A could remove the money his hand was grabbed by B. A failed
to perform all the acts because of a timely discovery of the overt act.
Accident: A aimed his pistol at B to kill the latter but when he pressed
the trigger it jammed and no bullet was fired from the pistol.
4. Other than his spontaneous desistance- if the actor does not
perform all the acts of execution by reason of his own
spontaneous desistance, there is no attempted felony. The
law does not punish him. The desistance may be through
fear or remorse. It is not necessary that it be actuated with
good motive. It is only required that the discontinuance
comes from the person who began it and he stops of his own
free will.
Reason: It is a sort of reward granted by law to those who, having
one foot on the verge of crime, heed to the call of their conscience
and return to the path of righteousness.
In spontaneous desistance the one is only exempted
from criminal liability for the intended crime but it does not
exempt him from the crime committed before his desistance.
A with intent to kill B fired his pistol but did not hit the latter. B cried
again and asked A not to shoot him. A desisted. A is not criminally
liable only for grave threats because he desisted but he is criminally
liable for grave threats which he committed before he desisted.
In attempted felony, the offender never passed the
subjective phase of the offense. Subject phase is that
portion of the acts constituting the crime, starting from
the point where the offender begins the commission of the
crime to that point where he has still control over his acts
including their natural course.
Frustrated felony element:- had passed the subjective phase
1. The offender perform all the acts of execution-nothing more
is left to be done because the last necessary act was
performed to produce the crime. In certain cases the belief of
the accused that he had performed all the acts necessary to
commit the crime need is considered that it would produce
the felony as a consequence. It is also necessary that in
crimes against persons, mortal wound would be inflicted if
not, it could be attempted.
The accused stabbed the abdomen of the victim, penetrating the liver
and the chest. It was the prompt and skilful medical treatment that
saved the life of the victim
2. All the acts performed would produce the felony as a
consequence-
3. The felony is not produced
4. By reason of causes independent of the will of the
perpetrator.- timely intervention of third persons or medical
attendance;
 Distinguish:
Attempted Felony Frustrated Felony
Offender has not accomplished Offender has not accomplished
same purpose same purpose
Has not performed all the acts of Has performed all the acts of
execution but merely commenced execution
Has not passed the subjective Reached the objective phase
phase
Voluntary desistance there is intervention of foreign
cause
Both if distinguished from impossible crime-
In three, the evil intent is not accomplished. But
in attempted of frustrated felony there is a
possibility of possible accomplishment but
because of intervention it was not while in
impossible it is inherently impossible to be
accomplished because the means employed is
inadequate or ineffectual.
Consummated felony:
To determine if felony is attempted, frustrated or consummated it
is important to consider the (1) nature of the crime (2) the
elements it constitute (3) manner of committing;
Arson- not necessary that the property is totally burned;
Theft- consummated when the thief is able to take or hold the thing
belonging to another, even if he was not able to carry it away. There is no
frustrated theft.
Estafa- consummated when the offended party is actually damages or
prejudiced;
Rape- consummated if there is any penetration of male organ to the female,
it is not necessary a perfect penetration. No frustrated stage.
Manner of Committing a crime:
1. Formal Crimes- consummated in one instant, not attempt
because the chain of acts that can be severed between
thought and deed; Examples are slander and false testimony,
sale of marijuana and prohibited drugs
2. Crimes consummated by mere attempt or proposal by
overt act- Examples are Flight to enemys country ( mere
attempt is consummated felony), corruption of minors (mere
proposal will consummate the offense) and treason (the overt
act itself consummates the crime)
3. Felony by omission- there can be no attempted stage
because the offender does not execute acts.
4. Crimes requiring the intervention of two persons to
commit them are consummated by mere agreement-
like betting in sports contest, corruption of public officer and
bribery.
5. Material crimes- crimes not consummated in one instant or
by single act. Examples are rape, homicide, murder
There is no attempted or frustrated in impossible crimes.
Art. 7. When light felonies are punishable- Light felonies
are punishable only when they have been consummated with the
exception of those committed against persons or property.
Light felonies- are those infractions of law for the commission of
which the penalty of arresto menor (1-30 days imprisonment) or a
fine not exceeding 200 pesos or both is provided.
Reason: It produces such light, such insignificant moral and
material injuries that public conscience is satisfied with providing a
light penalty. For the exception, felonies against person, it
presupposes in the offender moral depravity, that is why even
attempted or frustrated stage, they are already punished.
Examples of light felonies against person-
Slight physical injuries and maltreatment, Intriguing against
honor;
Examples of light felonies against property-
Theft by hunting or fishing or gathering fruits in an
inclosed estate where trespass is forbidden
Theft where value of stolen does not exceed P5.00 and
the offender was prompted by hunger, poverty or
difficulty of earning a livelihood.
Alteration of boundary marks
Malicious mischief- damage is not more than 200 pesos
or if it cannot be estimated
Article 8. Conspiracy and proposal to commit felony -
Conspiracy and proposal to commit felony are punishable only in
the cases in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons comes to an
agreement concerning the commission of a felony and decide to
commit it.
There is proposal when the person who has decided to
commit a felony proposes its execution to some other person or
persons.
Important words and phrases:
Conspiracy to commit a felony and proposal to commit a felony are
two different acts, unless there is a specific provision in RPC
providing a penalty for conspiracy and proposal. Mere conspiracy
and proposal is not a felony for these are only preparatory acts
and the law regards them as innocent or at least permissible
except in rare and exceptional cases.
Provisions in RPC that provide penalty for conspiracy-
Conspiracy to commit treason, coup detat, rebellion or
insurrection and sedition. These should not be actually
committed to be punished.
If the crime is actually committed, conspiracy is not a
felony but is a manner of incurring criminal liability. It is
not a separate offense because conspiracy is already
absorbed.
Article 186 also provides penalty for monopolies and
combinations in restraint of trade.
Conspiracy is indicated when the actors aimed at the same
object. That thought they are acting independently from each
other but in fact it is a concert design with unity of purpose to
achieve the same object. Direct proof is not essential to establish
it. Its requisites are that (1) two or more persons come to an
agreement (2) the agreement concerned the commission of a
felony, it must be an agreement to act to effect and to bring about
what has already been conceived and determined and (3) the
execution of the felony be decided upon. Hence conspirators have
made up and has determination to commit the crime.
Conspiracy must be established by positive and conclusive
evidence.
Proposal- also penalized by the RPC. Its requisites is that a
person has decided to commit a felony and proposes it to some
other person or persons.
It is not proposal when:
1. The person who proposes it not determined to commit the
felony;
2. There is no decided, concrete and formal proposal but merely a
suggestion;
3. It is not the execution of a felony that is proposed
In the felony of proposal, it is not necessary that the other person
to whom the proposal is made agrees.
It is not proposal is an overt act in corruption of a public officer
because it involves inducing an officer no to perform his duties and
it is not treason or rebellion.

The crimes of conspiracy and proposal are punishable if these are
against the security of the State or economic security. Because in
ordinary crimes, the State survives the victim and the culprit
cannot find in the success of his work any impunity, whereas in
external and internal security of the State, if the culprit succeeds,
he would obtain power and therefor impunity for the committed
crime.
Article 9. Grave felonies, less grave felonies and light
felonies. Grave-felonies are those which the law attaches the
capital punishment or penalties which in any of their periods are
afflictive, in accordance with Article 25 of this Code.
Less grave felonies are those which law punishes with
penalties which are in their maximum period are correctional, in
accordance with the above-mentioned article.
Light felonies are those infractions of law for the commission
of which the penalty of arresto menor or a fine not exceeding 200
person or both is provided.
Important words and phrases
Capital punishment-death penalty; grave felonies
Or penalties which any of their periods are afflictive-
fthe penalty prescribed for the offense is composed of 2 or
more distinct penalties, the higher or highest of the penalties
must be an afflictive penalty. The afflictive penalties in
accordance with Art. 25 are Reclusion perpetua, Reclusion
temporal, Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification, prision mayor
Penalties which their maximum period are
correctional- - the penalty prescribed for the offense is
composed of 2 or more distinct penalties, the higher or
highest of the penalties must be a correctional penalty. The
correctional penalties are Prision correccional, arresto mayor,
suspension, destierro.
The penalty of arresto menor or a fine not exceeing
200 pesos or both- for light felonies
Article 10. Offenses not subject to the provisions of this
Code.- Offenses which are not or in the future may be
punishable under Special Laws are not subject to the provisions
of this Code. This Code shall be supplementary to such laws
unless that latter should specially provide the contrary.
Special laws- is a penal law which punishes an act not defined
and penalized by Penal Code. It is a statute enacted by the
Legislative branch, penal in character and not an amendment to
the RPC. The term imprisonment should be used in reference to
penalty. Hence, Art. 6 of RPC cannot be applied to offenses
punished by special law.
There are instances when special law adopted penalties from RPC
such as RA 7160, Illegal possession of firearms, illegal drugs and
sexual abuse of a child (Indeterminate Sentence Law will apply).
The plea of guilty in illegal possession of firearms is not
mitigating thus, the application of circumstances (aggravating) in
modifying the criminal liability of the accused is not applicable to
special laws because the penalty used in indeterminate.
In special laws the penalties for attempted and frustrated crimes
must be fixed. It is also not applicable to punish an accomplice
under it as well as providing accessory penalties unless it is
provided. But minority is applied.
Suppletory application of RPC is relevant when the provisions of
the special law are silent on a particular matter. It is not
suppletory if it provides a different penalty.
CHAPTER 11
Circumstances Affecting Criminal Liability
Terms:
Imputability- is the quality by which an act may be ascribed to a
person as its author or owner. It implies that the act committed
has been freely and consciously done and may, therefore, be put
down to the doer are his very own.
Responsibility- is the obligation of suffering the penal and civil
consequences of crime.
Guilt- an element of responsibility, for a man cannot be made to
answer for the consequences of a crime unless he is guilty.
Article 11. Justifying circumstance. The following do
not incur any criminal liability.
1. Anyone who acts in defense of his person or rights provided
that the following circumstance occur:
First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent or
repel it.
Third. Lack of sufficient provocation on the part of the person
defending himself.
2. Anyone who acts in defense of the person or rights of
spouse, ascendants, descendants, or legitimate, natural or
adopted brothers or sisters, or of his relatives by affinity in
the same degrees, provided that the first and second
requisites prescribed in the next preceding circumstance are
present, and the further requisite, in case the provocation
was give by the person attacked, that the one making
defense had no part therein.
3. Anyone who acts in defense of the person or rights of a
stranger, provided that the first and second requisites
mentioned in the first circumstance of this article are
present and that the person defending be not induced by
revenge, resentment or other evil motive.
4. Any person who, in order to avoid an evil or injury, does an
act which causes damage to another, provided that the
following requisites are present
First: That the evil sought to be avoided actually exists;
Second: That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of
preventing it.
5. Any person who acts in the fulfilment of a duty or in the
lawful exercise of a right or office;
6. Any person who acts in obedience to an order issued by a
superior for some lawful purpose.
Justifying circumstance- are those act of a person is said to be
in accordance with law, so that such person is deemed not to have
transgressed the law and is free from both criminal and civil
liability. It is based on the non-existence of a crime. There is no
crime because the act is justified.
Self defense- if invoke by the accused, he must have a clear
and convincing evidence to prove it even if the defense of the
prosecution is weak because the burden of proof relies upon him.
It is impossible for the State to prevent aggression upon
its citizens even foreigners and offer protection to those
persons unjustly attacked.
It is an exercise of a right, an act of social justice done
to repel attack or aggression.
It is based on the impulse of self-preservation born to
the natural instinct of a man.
Three requisites are unlawful aggression,
reasonable necessity of the means employed to
prevent or repel it and lack of sufficient
provocation on the part of the person defending
himself.
The attack made by the deceased and the killing of him
by defendant should succeed each other without
appreciable interval of time, meaning that the accused
 must have no time nor occasion for deliberation and cool
thinking.
Belied by:
Determination of the nature, character, location and
extent of wound of the accused allegedly inflicted by the
injured party
Improbability age of accused and the deceased
Declining to give any statement when surrendered
Physical fact
Cannot be claimed if voluntarily joined a fight
Battered woman syndrome
Unlawful aggression
An indispensable requisite; must come from the person
who is being attacked by the accused
Actual or physical assault upon a person or at least a
threat to inflict real injury
Presupposes an actual (the danger must be present or in
existence), sudden and unexpected attack or imminent
danger thereof ( the danger is on the point of
happening, not required that attack begins for it may be
too late)
Cannot consists in oral threats, threatening stance or
posture.
There should be peril to ones life, limb or right (actual
or imminent)
Slap on the face- face represents a person and his
dignity
Public officer who exceeds his authority
In defense of ther rights- attempt to rape a woman
(defense of right to chastity) ; defense of property and
defense of home
Not unlawful aggression:
Strong retaliation for an injury or threat; it is not a
justifying circumstance
Foot kicking
Mere belief of an impending attack
Insulting words addressed to the accused
Light push on the head with one hand
When the aggressor flees
When there is agreement to fight and the fight must be
accepted but becomes unlawful when the aggression is
ahead of what has been agreed
If there is belief that a real gun was used to threat
where in fact it is a toy gun.
Examples of threats to inflict real injury:
1. When one aims a revolver at another with intention of
shooting him;
2. The act of a persons in retreating two steps and placing his
hand in his pocket with a motion indicating his purpose to
commit an assault with a weapon;
3. The act of opening a knife and making a motion to make an
attack.
The threating attitude is offensive and positively strong showing
a wrongful intent of the aggressor to cause an injury
.
Reasonable Necessity of means employed to prevent or
repel it:
The person attacked is not duty-bound to expose
himself to be wounded or killed and while the danger to
his person or life subsist he has a perfect and
indisputable right to repel such danger by wounding his
adversary and if necessary to disable him completely so
that he may not continue with the assault.
Reasonable necessity depends upon circumstance such
as the place and occasion and the darkness of the night
with element of surprise attack. It is also understood
that the person defending is not expected to control his
blow, especially when the aggression is so sudden.
Reasonableness of means employed/used:
In preventing or repelling an unlawful aggression, the one
defending must aim at his assailant and not indiscriminately fire
his deadly weapon.
Must be liberally construed in favor of the law abiding citizens
Test of reasonableness:
Perfect equality of weapon between the aggressor and the one
defending himself. As general rule: a dagger or a knife is
more dangerous than a club. But essentially life is more
precious than property.
While in performance of a duty
Sufficient Provocation
It is sufficient when it is proportionate to the act of
aggression and adequate to stir the aggressor to its
commission.
Must not be given by the person defending himself
Defense of relatives
The justification is founded not only upon a
humanitarian sentiment but also upon the impulse of
blood which impels men to rush on the occasion of great
perils to the rescue those close to them by ties of blood.
Example: The accused at a distance of about 20m from his house, heard
his wife shouting for help. He rushed to the house and once inside, he saw
the deceased on top of his wife. He drew his bolo and hacked the deceased
at the base of his neck when the latter was forcibly abusing his wife.
Defense of stranger-
The justification is the same as those who are acting in
defending themselves. The ordinary man would not
stand idly by and see his companion killed without
attempting to save his life.
Strangers are deemed to be those who are not included
in the enumeration of relatives
Example: A heard screams and cries for help. When A responded, he saw B
attacking his (Bs) wife with a dagger. A approached B and struggled for the
possession of the weapon, in the course of which A inflicted wounds on B.
Furnishing a weapon to one in serious danger of being throttled
is defense of stranger.
Avoidance of greater evil or injury- this paragraph
provides civil liability to the one who benefited.
Damages to another- covers injury to person and damage to
property
The evil sought to be avoided actually exists- if it is merely
anticipated or may happen in the future, it is not applicable.
The injury feared be greater than that done to avoid it- The
instinct of self-preservation will always make one feel that his own
safety is of greater importance that that of another.
The greater evil should not be brought about by the negligence or
imprudence of the actor-
When the accused was not avoiding any evil, he cannot invoke the
justifying circumstance of avoidance of greater evil or injury
The evil which brought about the greater evil must not result from
a violation of law by the actor-
Fulfilment of a duty
Ruling in Delima case applied to the case of a guard who
killed a detained prisoner while escaping.
 Shooting an offender who refused to surrender is
justified
Lawful exercise of a right or office (doctrine of self-help
under Art. 429 of Civil Code)
Of right: actual invasion of property may consist of a
mere disturbance of possession or of a real
dispossession
Example: If Juan without the permission of Pedro, picks up a
book belonging to the latter and runs off with it, Pedro can
pursue Juan and recover the book by force.
Of office: The executioner of Bilibid Prison cannot be held
liable for murder for the execution performed by him because he
was merely acting in the lawful exercise of his office to prevent
detainee to escape.
A surgeon who amputated the leg of a patient to save him
from gangrene is not liable for the crime of mutilation because
he was acting on the lawful exercise of his office.
Obedience to an order issued for some lawful purpose
Requisites:
That an order has been issued by a superior
That such order must be for some lawful purpose
That the means used by the subordinate to carry out said
order is lawful
When the order is not for a lawful purpose, the subordinate who
obeyed it is criminally liable except for instance that he is not
aware of the illegality of the order and he is not negligent.
Article 12. Circumstances which exempt from criminal
liability- The following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has
acted during a lucid interval.
When the imbecile or an insane persons has committed an
act which the law defines as a felony (delito), the court shall order
his confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave
without first obtaining the permission of the same court.
2. A person under nine years of age (under RA 9334 15
years old).
3. A person over nine years of age (15 in the new law) and
under fifteen (18 in the new law), unless he has acted with
discernment, in which case such minor shall be proceeded in
accordance with the provisions of Article 80 of this Code.
When such minor is adjudged to be criminally irresponsible,
the court, in conformity with the provisions of this and the
preceding paragraph, shall commit him to the care and custody of
his family who shall be charged with his surveillance and
education; otherwise, he shall be committed to the care of some
institution or person mentioned in said Article 80.
4. Any person, who, while performing a lawful act with due
care, causes an injury by mere accident without fault or intention
of causing it.
5. Any person who acts under the compulsion of an
irresistible force.
6. Any person who acts under the impulse of an
uncontrollable fear of an equal of greater injury
7. Any person who fails to perform an act required by law,
when prevented by some lawful or insuperable cause.
Exempting Circumstances (non-imputability)- are those grounds
for exemption from punishment because there is wanting in the
agent of the crime any conditions which make the act voluntary or
negligent. The exemption for punishment is based on the
complete absence of intelligence, freedom of action or intent or on
the absence of negligence on the part of the accused.
There is a crime committed but no criminal liability arises.
Any circumstances must be proved by the defendant to the
satisfaction of the court.
Imbecility Insanity
Exempt in all cases of criminal Not so exempt from criminal liability
liability
Advanced age but mental age is 2-7 Acts with intelligence during lucid
years old interval
The defense must prove that the accused was insane upon the
commission of the crime because the presumption is always in
favor of sanity, it being the normal condition of human mind. The
evidence must refer to the time preceding the act or to the very
moment of execution of the crime.
When the accused is sane upon commission of the crime but
became insane at the time of trial, he is criminally liable. The trial
is suspended until he became sane again for him to afford fair
trial.
Dementia praecox- covered by insanity; homicidal attack is
common because of delusions that he is being interfered sexually
or that his property is being taken. During this period, he has no
control of his acts.
Schizophrenia- covered by insanity; chronic mental disorder
characterized by inability to distinguish fantasy and reality.
Kleptomania- not an exempting circumstance because it has not
been proven in Philippine courts.
Epilepsy-may be covered by insanity if the act is committed during
epileptic fit.
Feeblemindedness- not imbecility because the offender can
distinguish right from wrong
Pedophilia- is not insanity; sexual disorder but could distinguish
right from wrong
Amnesia- not a defense to a criminal charge because failure to
remember is in itself no proof of the mental condition of the
accused when the crime was performed.
Other cases of lack of intelligence:
a. Committing a crime while in a dream- (Somnambulism
or sleepwalking)
b. Committing a crime while suffering from malignant
malaria- the illness affect the nervous system and
causes complication such as acute melanchola and
insanity at times
A person under nine years ( RA 9344 raised the age of
absolute irresponsibility to 15 years of age) unless he acts
with discernment.
Based on absence of intelligence
Periods of criminal responsibility;
Absolute irresponsibility- 15 years and below (infancy)
Conditional irresponsibility- 15 years and 1 day to 18 years ( a child
in conflict with the Law)
Full responsibility- 18 years and over (adolescence) to 70
(maturity)
Mitigated responsibility- 15 years and 1 day; acted with
discernment; over 70 years old.
Discernment- the capacity of the child at the time of commission of
the offense to understand the difference between right and wrong
and the consequences of a wrongful act.
Intent- desired act of a person
Discernment- morals significance that a person ascribed to the said
act
Presumption of Minority- in case of doubt as to the age of the
child, it shall be resolved in his/her favor. The person alleging the
age if child in conflict with the law has the burden of proving the
same.
 c. The fear of an injury is greater than or at least equal to
How age is determined
that committed.
1. Original or certified copy of Cert. of Live Birth
2. Authentic documents such as baptismal certificate,
A threat of future injury is not enough. The compulsion must be of
school records or any pertinent document that shows
such character as to leave no opportunity to the accused to escape
the date of birth of the child3
or self-defense in equal combat. e.g. command of Hukbalahap Killers
3. Testimony of the child, a member of the family related as cause of uncontrollable fear. In treason, nothing will excuse that act of
to the child by affinity or consanguinity who is qualified joining an enemy but the fear of immediate death.
to testify on such matter, testimonies of other persons,
physical appearance and other relevant evidence. Failed to perform an act as prevented by some lawful or
insuperable cause- based on the act without intent
The allegation of with intent to kill in the information is sufficient
allegation of discernment. Examples of insuperable cause
Privileged communication between spouses, a priest and a
While performing a lawful act - based on lack of negligence confessor to the priest
and intent
Requirements: Distinction between justifying and exempting circumstances
a. A person is performing a lawful act Justifying Exempting
Striking another with a gun in self-defense, even if it he does not commit a crime in the There is a crime but no criminal
eyes of the law liability, the act is justified
fired and seriously injured the assailant is lawful act.
No civil and criminal liability except There is civil liability except in par 4
b. With due care civil liability in par. 4 (causing & 7 (causing injury by mere
If doing a lawful act with due care is exempted from damage to another in state of accident, failing to perform an act
necessity) required but prevented by
criminal liability
insuperable cause
c. Causes injury to another by mere accident
Accident- is something that happens outside the sway of our will and Absolutory causes- are those act committed is a crime but for
although it comes about through some act of our will, lies beyond the reasons of public policy and sentiment there is no penalty
bounds of humanly foreseeable consequences. If the consequence is imposed.
clearly foreseeable it is negligence.
It presupposes lack of intention to commit the wrong done. Instigation- there is inducement to an innocent person by a
public officer to commit the crime and arrest him upon commission
Example: The accused while hunting saw wild chickens and fired a
shot. The slug after hitting a wild chicke, recoiled and struck the
thereof while in entrapment the accused designed independently
tenant who was a relative of the accused. The man who was injured and the agent of law acted as supposed confederate
died.
Complete defences in criminal cases
d. Without fault or intention of causing it
a. Any of the essential elements of the crime charges is not
Acted under the compulsion of an irresistible force- proved by the prosecution and the elements proved do not
complete absence of freedom/voluntariness constitute any crime
b. The act of the accused falls under any of the justifying
Elements: circumstances
1. The compulsion is by means of a physical force c. The case of the accused falls under any of the exempting
2. The physical force must be irresistible circumstance
3. The physical force must come from a third person d. The case is covered by any of the absolutory causes:
Example: Spontaneous desistance during attempted stage and no
It appears that Baculi, one of the accused was not a member of the band crime under another provision of the Code or other
which murdered some American School Teachers, was in a plantation
gathering bananas. Upon hearing the shooting, he ran. However he was
penal law is committed.
seen who called him and striking him with the butts of their guns, they Light felony is only attempted or frustrated and is not
compelled him to bury the bodies. He acted under the compulsion of an against persons or property
irresistible fors The accessory is a relative of the principal
Legal grounds for arbitrary detention
Passion and obfuscation are not irresistible force. Legal grounds for trespass
The force must be irresistible to reduce the actor to a mere tool or The crime of theft, swindling or malicious mischief is
instrument not only without will but against his will. A threat of committed against a relative
future injury is not enough, the compulsion must be of character When only slight or less serious physical injuries are
as to leave no opportunity to the accused for escape or self- inflicted by a person who surprised his spouse or
defense in equal combat. daughter in the act of sexual intercourse with another
persons
Acted under the impulse of an uncontrollable fear of an Marriage of the offender with the offended party when
equal or greater injury. It presupposes that a person is the crime committed is rape, abduction, seduction or
compelled to commit a crime by another but the compulsion is by acts of lasciviousness
means of intimidation or threat, not force or violence Instigation
Elements: e. Guilt of the accused not established beyond reasonable doubt
a. That the threat which causes the fear is of an evil greater f. Prescription of crimes
than or at least equal to, that which he is required to commit g. Pardon by offended party before the institution of criminal
b. That it promises an evil of such gravity and imminence that action in crime against chastity
the ordinary man would have succumbed to it.
Requisites of an uncontrollable fear:
a. Existence of an uncontrollable fear Article 13. Mitigating circumstances- The following are
b. The fear must be real and imminent mitigating circumstances:
 1. Those mentioned in the preceding chapter, when all the
requisites necessary to justify the act or to exempt from criminal
liability in the respective cases are not attendant.
2. The offender is under 18 years of age or over 70 years.
In case of the minor, he shall be proceeded against in accordance
with the provisions of Article 80.
3. That the offender had no intention to commit so grave a
wrong as that committed.
4. That sufficient provocation or threat on the part of the
offended party immediately preceded the act.
5. That the act was committed in the immediate vindication
of a grave offense to the one committing the felony (delito), his
spouse, ascendants, descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity within the same degrees.
6. That having acted upon an impulse so powerful as
naturally to have produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to
a person in authority or his agents, or that he had voluntarily
confessed his guilt before the court prior to the presentation of the
evidence for the prosecution.
8. That the offender is deaf and dumb, blind or otherwise
suffering some physical defect which thus restricts his means of
action, defense, or communication with his fellow beings
9. Such illness of the offender as would diminish the
exercise of the will-power of the offender without however
depriving him of consciousness of his acts.
10. And finally, any other circumstances of similar nature
and analogous to those above-mentioned.
Mitigating circumstances- are those which, is present in the
commission of the crime, do not entirely free the actor from
criminal liability, but serve only to reduce the penalty but do not
change the crime. It is based on the diminution of either freedom
of action, intelligence, or intent, or on the lesser perversity of the
offender.
Classes of mitigating circumstances:
1. Ordinary mitigating- subsections 1 to 10 of Article 13
-susceptible of being offset by any aggravating
circumstance; the offender is 70 years old
-if not offset, produces only the effect of applying the
penalty to a minimum period.
2. Privileged mitigating- cannot be offset by aggravating
Circumstance
-produces the effect of imposing the penalty lower by
one or two degrees than that provided by law for the
crime
-when the offender is a minor under 18 years of age
but above 15 years who acted with discernment, the
penalty next lower than what is prescribed by law shall
be imposed but in the proper period
-Penalty to be imposed when crime committed is not
wholly excusable
Paragraph 1
Circumstances of Mitigation Self-defense, defense of a
relative, defense of a stranger, state of necessity,
performance of duty, obedience to order of superior,
minority above 15 years old but below 18 years of age,
causing injury by mere accident, uncontrollable fear.
Incomplete self-defense, defense of a relative and
stranger-only unlawful aggression must be present. If there is no
unlawful aggression, there is no self-defense, defense of a
stranger or relative whether complete or incomplete. If it is
present, it considered ordinary but when added with any other
requisites it should be considered privileged mitigating
Avoidance of greater evil or injury- any of the last two
requisites in par. 4, Art. 11 is absent to be considered mitigating
Performance of duty- only one requisite in par. 5, Art. 11
Obedience to an order- sometimes acting with resentment
because of certain situations
Minority- acted with discernment
Accident- if 2nd and ist part of 4th requisite are absent under par.
4, Art. 12, it is mitigating (Lawful act and cause injury are present)
Uncontrollable fear- absent of one requisite as provided in par.
6 of Article 12 is mitigating
Paragraph 2
Impliedly repealed by RA 9344 or Juvenile Justice and Welfare Act
of 2006.
Diversion- refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict
with the law on the basis of his/her social, cultural, economic,
psychological, or educational background without resulting to
formal court proceedings.
Diversion Program- refers to the program that the child in
conflict with law is required to undergo after he/she is found
responsible for an offense without resorting to formal court
proceedings.
Conditions of Diversion Program
The imposable penalty for the crime committed is not more
than 6 years imprisonment, the law enforcement office or
Punong Barangay with the assistance of the local social
welfare and development officer or other members of the
Local Councils for the Protection of Children created pursuant
to RA 9344 is resorted
In victimless crimes here the imposable penalty is not more
than 6 years of imprisonment the local social welfare and
development officer shall meet with the child and the parents
or guardians in coordination with the Barangay Council for
the Protection of Children created pursuant to RA 9344
Where the imposable penalty exceeds 6 years, diversion
measures may be resorted to the courts.
A child may undergo conferencing, mediation and conciliation and
these are stipulated in a Contract of Diversion. The Diversion
proceedings shall be completed within 45 days. The program may
be conducted at the Katarungang Pambarangay. If the guardian
does not consent of the Diversion program, the Punong Barangay
handling the case, within 3 days forward the records of the case to
the law enforcement officer, prosecutor or the appropriate court as
the case may be. In the event that a Law Enforcement Officer is
handling the case, within the same period forward the records to
the prosecutor or judge concerned. The documents transmitted
shall display the word CHILD in bold letters.
Paragraph 3
Rule: The circumstance can be taken into account only when the
facts proven show that there is a notable and evident
disproportion between the means employed to execute the
criminal act and its consequences.
The intention must be judged by the external acts, such as
the weapon used, part of the body injured, the injury inflicted
and the manner it is inflicted
Not applicable is the offender employed brute force
Not applicable if there is treachery, negligence
Applicable in malversation of public funds
It is mitigating if the offender did not intend to commit so
grave a wrong as that committed was not appreciated in
cases of defamation or slander
Paragraph 4
Provocation- any unjust or improper conduct or act of the offended by a competent authority, is charged with the maintenance of
party, capable of exciting, inciting or irritating any one. public order and the protection and security of life and
property and any persons who come in aid of persons in
Requisites: authority. It includes commanding officer.
1. Must be sufficient- adequate to excite a person to commit a That the surrender was voluntary-
wrong and must accordingly be proportionate to its gravity. Does not simply mean non-flight
Sufficiency depends on the social standing of the person Surrender through an intermediary
provoked, the place and time when the provocation is made. Spontaneous because he acknowledges his guilt and
2. Must originate from the offended party- the law says that because he wishes to save them the trouble and
provocation is on the part of the offended party expenses necessarily incurred in his search and capture
3. Must be immediate- there should not be any interval of time Spontaneous even if the surrender is induced by fear of
he not having enough time to regain his reason and self- retaliation of victims relatives
control
Admission of guilt- plea of guilty
Paragraph 5
Requisites:
Vindication of such grave offense committed against a relative. A 1. The offender spontaneously confessed his guilt
lapse of time is allowed between the vindication and the doing of 2. The confession of guilt was made in open court
grave offense It is not extrajudicial confession (made outside the
court)
Provocation Vindication 3. The confession of guilt was made prior to the
Made directly to the person The grave offense is committed also presentation of evidence for the prosecution
committing the felony against offenders relatives It is mitigating when an accused changed his plea before
mentioned in the law the prosecution can present its evidence
The cause that brought about the The offended party must have done
offense need not be a grave offense a grave offense to the offender or Plea of not guilty at the preliminary investigation is no plea at all.
his relatives mentioned in the law Plea of guilty to a lesser offense is not mitigating
Immediately preceded the act, there May be proximate which admits
Plea of guilty to amended information is mitigating
is no interval of time interval of time between the grave
offense done by the offended party
In capital offense, there is mandatory presentation of evidence to
and the commission of the crime by prove his guilt and the precise degree of culpability.
the accused Plea of guilty is mitigating for it is an act of repentance and
There is greater leniency because it respect for the law, it indicates a moral disposition of the accused
concerns the honor of a person
favourable to his reform.
Paragraph 6
Plea of guilty is not mitigating in culpable felonies and in crimes
punishable by Special Laws
Passion and obfuscation must arouse from lawful sentiments. In
these situation, the actor loses his reason and self-control, thereby
Paragraph 8
diminishing the exercise of his will power.
The act of the offended party must be unlawful or unjust Physical defect- must restrict means of action, defense or
communication; referred to being armless, cripple or stutterer; he
Passion/Obfuscation Irresistible Force does not have complete freedom of action.
Mitigating circumstance Exempting circumstance
Cannot give rise to irresistible force Requires physical force Paragraph 9
In the offender himself Come from a third person This provision refers to diseases of pathological state that trouble
Arise from lawful sentiments Unlawful the conscience or will. Example is a mother who under the influence of
puerperal fever, killed her child the day following her delivery; Mistaken
belief of the accused that the killing of a witch was for the public good. Mild
Passion/Obfuscation Provocation behaviour disorder, acute neurosis, feeblemindedness and a schizo-affective
Produced by impulse caused by Comes from the injured party disorder or pyshosis.
provocation
The offense which engenders Must immediately precede the Paragraph 10
perturbation of mind need not be commission of the crime
Over 60 years old with failing sight, similar to over 7o years
immediate
Effect is loss of reason and self- Effect is loss of reason and self- old
control on the part of the offender control on the part of the offender Outraged feeling of owner of animal taken for ransom
analogous to vindication of a grave offense
Paragraph 7 Outraged feeling or creditor similar to passion or obfuscation
Impulse of jealous feeling similar to passion or obfuscation
Requisites of a voluntary surrender: Manifestations of Battered Wife Syndrome, analogous to an
The offender had not been actually arrested- illness that diminishes the exercise of will power
when the warrant had not been served because the Esprit de corps similar to passion and obfuscation
accused cannot be located Voluntary restitution of stolen property similar to voluntary
does not require that surrender be prior to arrest surrender
Extreme poverty and necessity, similar to incomplete
The offender surrendered himself to a person in authority or justification based on necessity
his agents Testifying for the prosecution, analogous to plea of guilty
Person in authority are those directly vested with Restitution in malversation case
jurisdiction, that is a public officer who has the power to
govern and execute laws. It may include a barrio captain or
An agent of person in authority is a person who by
direct provision of the law, or by election or by appointment

Circumstances which are neither exempting nor mitigating
Mistake in the blow, for under Article 48, there is a
complex crime committed. The penalty is even higher.
Mistake in the identity of the victim, for under 4, par. 1,
the accused is criminally liable even if the wrong done is
different from that which is intended. See Art. 49 as to
its effect on the penalty.
Entrapment of the accused
The accused is over 18 years of age. If the offender is
over 18 years old, his age is neither exempting nor
mitigating.
Performance of righteous action.
The performance of righteous action, no matter how
meritorious it may be, is not justifying, exempting or
mitigating circumstance in the commission of wrongs,
and although the accused had saved lives of a thousand
and one persons, if he caused the killing or a single
human being, he is nonetheless criminally liable.
Article 14. Aggravating Circumstances. The following are
the aggravating circumstances:
1. That advantage be taken by the offender of his public
position;
2. That the crime be committed in contempt of or insult to
the public authorities;
3. That the act committed with insult or in disregard of the
respect due to the offended party on account of his rank, age or
sex or that it be committed in the dwelling of the offended party, if
the latter has not given provocation.
4. That the act be committed with abuse of confidence of
obvious ungratefulness.
5. That the crime be committed in the palace of the Chief
Executive, or in his presence, or where public authorities are
engaged in the discharge of their duties or in a place dedicated to
religious worship.
6. That the crime be committed in the nighttime or in an
uninhabited place, or by a band, whenever such circumstance
may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have
acted together in the commission of an offense, it shall be deemed
committed by a band.
7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic, or other calamity
or misfortune.
8. That the crime be committed with the aid of armed men
or persons who insure or afford impunity.
9. That the accused is a recidivist.
A recidivist is one, who at the time of his trial for one crime,
shall have been previously convicted by final judgment of another
crime in the same Title of this Code.
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 at attaches a lighter penalty.
11. That the crime be committed in consideration of a price,
reward, or promise.
12. That the crime be committed by means of vindication,
fire, poison, explosion, stranding or a vessel or intentional damage
thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.
13. That the act be committed with evident premeditation.
14. That craft, fraud, or disguise be employed.
15. That advantage, be taken of superior strength, or means
be employed to weaken the defense.
16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the
crimes against the person, employing the means, methods or
forms in the execution thereof which tend directly and especially 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 the natural effects of the act.
18. That the crime be committed after an unlawful entry.
There is unlawful entry when an entrance is effected by a
way not intended for the purpose.
19. That as a means to the commission of the crime a wall,
roof, door, or windows be broken.
20. That the crime be committed with the aid of persons
under fifteen years of age, or by means of motor vehicle, airships
or other similar means.
21. That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not necessary for
its commission
Aggravating circumstances- are those which, if attendant in
the commission of the crime, serve to increase the penalty
without, however, exceeding the maximum of the penalty
provided by law for the offense. This is based on the greater
perversity of the offender manifested in the commission of the
felony as shown by the motivating power itself, the place of
commission, the means and ways employed, the time or the
personal circumstances of the offender, or of the offended party.
It should be fully proved, not presumed, in order to
increase the penalty.
Four kinds of aggravating circumstances:
1. Generic- those that generally apply to all crimes (par. 1, 2, 3
(dwelling), 4, 5, 6, 9, 10, 14, 18, 19 and 20 (except motor
vehicles)
Can be offset by mitigating circumstance (par. 3 (except
dwelling), 15, 16, 17 and 21)
Not an ingredient to the crime but affects only the penalty to
be imposed in the maximum.
Even if not alleged in the information may be proven during
the trial over the objection of defense and may be
appreciated in imposing the sentence.
2. Specific- those that apply only to particular crimes.
Ex. Ignonimy in crimes against chastity or cruelty and
treachery in crimes against chastity or cruelty and treachery
in crimes against persons
3. Qualifying-those that change the nature of the crime. Cannot
be offset by mitigating circumstance because it upgrades the
penalty to a higher degree except in privilege mitigating
circumstance which lowers one degree of penalty but in its
maximum. An ingredient to the crime.
If not alleged in the information, must only be treated as
generic/ordinary aggravating circumstance.
Ex. Alevosia (treachery) or evident premeditation qualifies the
killing of a person to murder.
4. Inherent those that must of necessity accompany the
commission of the crime.
Ex. Evident premeditation is inherent in crime of robbery,
theft, estafa, adultery and concubinage.
Paragraph 1
The person committing the crime is a public officer who takes
advantage of his public position. It must be proven.
Ex. Policeman on guard duty who have maltreated the victim.
Because of his position, he had access to the cell where the victim
was confined. The prisoner was under his custody.
Municipal councillor who collected fined through inducement
and misappropriated the same have committed the crime of estafa
by means of deceit.
Paragraph 2
Requisites:
1. The public offender is engaged in the exercise of his
functions.
2. That he who is thus engaged in the exercise of said functions
is not the person against whom the crime is committed;
3. The offender knows him to be a public authority
4. His presence has not prevented the offender from committing
the criminal act. His presence is made known to the offender.
Ex.
A and B are quarrelling on a street and a municipal mayor passed by. He
attempted to separate the two. Notwithstanding the intervention and
presence of the mayor, the two continued to quarrel until A succeeds in
killing B. A commits the crime of homicide with aggravating circumstance of
in contempt of or with insult to the public authority.
Public authority- sometimes called person in authority, is a public
officer who has the power to govern and execute laws. Examples
are the mayor, governor, Brgy. Captain
If the crime is committed to the public officer, the offender
commits the crime of direct assault without the aggravating
circumstance, because it is not a crime committed in contempt or
with insult to him but a crime directly committed against him.
Paragraph 3
If four elements are present, they have the weight of one
aggravating circumstance only. They can be considered or
together.
Circumstance as to rank, age and sex are applicable only to crimes
against persons and honor.
Rank- there is a disparity of it between the offender and the
offended. It refers to the social position or standing as a grade
in the armed forces;
Age- Ex. Offender is 32 while the offended is 65 years old
Not applicable to robbery with homicide, so as in the absence of
evidence in offending or insulting an old aged person.
Sex- refers to female sex not male. Ex. Direct assault upon a lady
teacher; but is disregarded in treachery.
When aggravating circumstance is not considered:
When the offender acted with passion and obfuscation.
When there exists a relationship between the offended
party and the offender
Dwelling- a building or structure, exclusively used for rest and
comfort. Considered a special qualifying aggravating circumstance
primarily because of the sanctity of privacy the law accords to
human abode. Ones dwelling place is a sanctuary worthy of
respect and that one who slanders another in the latters house is
more guilty than he who offends him elsewhere. Dwelling includes
dependencies, foot of the staircase and enclosure under the
house.
The provocation must not come from the offended party in
order to aggravate the crime.
Even if offender did not enter the dwelling, in shooting the
victim from outside the house, is not necessary to aggravate the
crime.
If the commission of the crime began in the dwelling but the
killing took place outside the dwelling, it is still aggravating.
Dwelling is aggravating in abduction or illegal detention
especially if he was take from her house.
Paragraph 4
Abuse of confidence- means of facilitating the commission of
the crime, the culprit taking advantage of the offended partys
belief that the former would not abuse said confidence.
Requisites:
1. The offended party had trusted the offender.
2. That the offender abused such trust by committing a crime
against the offended party.
3. That the abuse of confidence facilitated the commission of
the crime.
Ex. Domestic servant killing the 9 month old baby of the family.
Jealous lover who already had determination to kill his girlfriend, invited her
to a ride in the country. The girl unsuspecting of his plans, went with him.
While they were in the car the jealous lover stabbed her.
Abuse of confidence is inherent in the crimes of malversation,
qualified theft, estafa by conversion or misappropriation and
qualified seduction.
Ungratefulness-
Ex. A visitor commits robbery or theft in the house of his host.
The security guard killed a bank officer and robbed the bank.
Paragraph 5
As distinguished from par. 2
Both are the in the performance of their duties
In par. 5, the public authority must be in his office while
in par. 2, it is outside of their office
In par. 2, the public authority should not be the
offended party, in par. 5, he may be the offended party.
If the place of commission is at the Malacanang palace or a church
is aggravating regardless whether an official function are being
held.
Electoral precinct during election days is a place where public
authorities are engaged in the discharge of their duties.
Paragraph 6
When nighttime, uninhabited place or band is aggravating:
1. When it facilitated the commission of the crime; or
2. When especially sought for by the offender to insure the
commission of the crime or for the purpose of impunity
3. When the offender took advantage thereof for the
purpose of impunity
Ex. A with intent to kill B, had hidden behind a tree and availed
himself of the darkness to prevent his being recognized or to escape
more readily. As soon as B came, A stabbed him to death.
Nighttime- the period of darkness at end of dusk and ending at
dawn. Nights are from sunset to sunrise. Must be alleged in the
information.
The commission of the crime must begin and to be
accomplished at nighttime.
The offense must be actually committed in the darkness of
the night, because when the place of crime is illuminated by light,
nighttime is not aggravating.
The lighting of matchstick or use of flashlight is aggravating.
Uninhabited place- is one where there are no houses at all, a
place at a considerable distance form town, or where houses are
scattered at a great distance from each other. It could also be a
place where the possibility of receiving help is impossible.
By a band Paragraph 12

Band- more than three armed malefactors who shall have acted
together in the commission of an offense.
Stone is considered in the term arms.
It is not a band when one of the four armed persons is a
principal by inducer.
By a band is aggravating in crimes against property or against
persons or in the crime of illegal detention or treason. It is not
applicable in the crimes of chastity.
It absorbs superior of strength and use of firearms.
It is inherent in brigandage.
Mere forming of a band is already a crime.
Paragraph 7
- The reason is found in the debased form of criminality
met in one who, in the midst of great calamity, instead
of lending aid to the afflicted, adds to their suffering by
taking advantage of their misfortune to despoil them.
- Chaotic condition is also aggravating
A killed his wife by means of fire, as when he set their house on fire to kill
her, or by means of explosion, or by throwing a grenade at her or by means
of poison. These are generic circumstances because they cannot
qualify the crime. The crime is parricide already qualified by
relations and the means employed is already absorbed in the
crime.
By means of fire:
Arson- fire is not a means employed because it is inherent to the
crime or an integral element of the offense. When there is no
actual design to kill a person but somebody is killed when the
house was set to fire. It is plain arson.
On the other hand if there is intention to kill the victim and you
burned the house and he died as a consequence, the crime is
murder qualified by the circumstance that it was committed by
means of fire.
By means of explosion-

Paragraph 8 Crime involving destruction- if a hand grenade is thrown into a

house where there are persons living and as a result, the hose was
By a band distinguished frim with aid of armed men destroyed and the lives of persons living are endangered or even if
one of the people died as long as there is no intention to kill. But
By a band requires that more than three malefactors shall have it is murder if there is intention and victim dies as a consequence.
acted together in the commission of an offense. Aid of armed men
is present even if one of the offenders merely relied on their aid, By means of derailment of locomotive-
for actual aid is not necessary.
-crime of damage to means of communication, derailment of cars,
Aid of armed men is absorbed by employment of a band. collision or accident must result from damage to a railway,
telegraph or telephone line.
Paragraph 9 and 10
Paragraph 12
Recidivism Reiteracion/ Multi- Quasi-
Delinquency recidivism/ recidevism As distinguished to par. 7. The crime is par. 12 is committed by
habitual del. means of such acts involving great waste or ruin. In par. 7, the
Generic Generic Extraordinary special crime is committed on the occasion of calamity or misfortune.
Convicted of a n Previous 10 years from Conviction first
offense and conviction + 1 last conviction and before
charge with a conviction of or date of beginning to
Paragraph 13
new offense equal or greater release of serve such
under the same degree or 2 crimes of sentence or
Title of RPC and convictions of serious or less while serving Essence of premeditation- the execution of a criminal act must be
eventually lighter offense. serious physical the sentence preceded by a cool thought and reflection upon the resolution to
convicted.
Offenses need
injuries, commit a felony carry out the criminal intent during space of time sufficient to
robbery, theft, (punishable by arrive at a calm judgment.
not be in the
Always taken estafa or Special laws)
same title of the
into falsification is
Code. Evident premeditation- can be considered to principal by induction
consideration in found guilty of Conviction+
fixing the Not always said crimes, felony It should be fully established.
penalty imposed aggravating third time or
often. 3 Requisites:
(1) The time when the offender determined to commit the
No time frame No time frame Within 10 years No time frame crime.
It is enough Necessary that 3 or more (2) An act manifestly indicating that the culprit has clung to his
that a final he has served convictions determination
judgment has his sentence in
been rendered the first offense
(3) Sufficient lapse of time between the determination and
execution, to allow him to reflect upon the consequences of
his act and to allow his conscience to overcome the
resolution of his will.
Paragraph 11
Example: The accused who pleaded guilty confessed that his wife died
Basis is the motivating power because of price or rewards 120 days before; that he was directed by Datto Mupuck to go
The aggravating circumstance presupposes concurrence of huramentado and to kill the two persons he would meet in the town; that
two or more offenders. if he was successful in the matter, Mupuck would give him a pretty woman
It affects both the offeror and acceptor. One being the on his return. That in order to carry out his intention, he provided himself
principal by inducing and the other principal by participation. with a kris, which he concealed in banana leave, travelled for a day and
The price or reward must be the purpose of inducing another night from his home and upon reaching the twon, he attacked from behind
a Spaniard and immediately after, he attacked a Chinaman who was close
to perform the deed.
by; and that he had no quarrel with the assaulted persons.
Evident premeditation and price or reward can co-exist.
When an offender decide to kill a particular person and premeditated on the
killing the latter, but when he carried out his plan, he actually killed another
person, it cannot be said that he premeditated on the killing of the actual
victim.
Evident premeditation is inherent in robbery but may be
aggravating in robbery with homicide if the premeditation included
the killing of the victim.
When the killing of a person during the commission of robbery was only
incident because the original plan was to rob and they killed the deceased
when the latter refused to open the kaha de yero and fought with them,
the aggravating circumstance should be disregarded.
Paragraph 14
Craft- involves intellectual trickery or cunning on the part of the
accused. It is the chicanery resorted by the accused to aid in the
execution of his criminal design.
Ex. Where four men having determined to kill a man in an uninhabited place
so that the crime might be less easily discovered, invited him to go with
them on a journey to a distant mountain on the pretense that they would
find a molave tree from which flowed a liquid supposed to have a particular
virtue and murdered him.
In case of rape where the accused resorted to use of innocent looking
chocolate candies but the content is deleterious drug. The purpose is to
weaken the resistance of the victim so that she would not be able to repulse
physically and mentally his sexual assault.
Fraud- insidious words or machinations used to induce the victim
to act in a manner that would enable the offender to carry out his
design.
Ex. When defendants induced the victims to surrender their arms and
promise that no harm should be done to them, and when the latter gave up
their arms, the former attacked and killed them.
Disguise- resorting to any device to conceal identity
Ex. The defendant had his face blackened in order that he should not be
recognized at the time he committed the crime.
The accused has his face covered with handkerchief to cover his face before
committing the crime.
The defendant illegally wore a Constabulary uniform, disguise is present.
Paragraph 15
The word to take advantage of superior strength means to
use purposely to excessive force out of proportion to the means of
defense available to the person attacked. Evidence of relative
physical strength is necessary. Number of aggressors, if armed,
may point to abuse of superior strength. There is also abuse of
superior strength by numerical superiority (mas damo). Applicable
only to crimes against persons.
Ex. A strong man, ill-treating a child, an old or decrepit person, or one
weakened by disease or where a persons physical strength has been
overcome by the use of drugs or intoxicants.
By a band versus abuse of superior strength. In the latter, it is not
necessary that they are armed, or number but their relative
physical strength as compared to that of the offended party.
Paragraph 16
Treachery (alevosia) when the offender commits any of the
crimes against persons, employing means, methods or forms in
the execution thereof which tend directly and specially to insure its
execution without risking himself that should arise from the
defense which the offended party might make. In treachery, the
offended party was not given the opportunity to make a defense.
It doesnt necessary mean that the mode of attack insures the
consummation of the offense. It should not be presumed but must
be proven by clear and convincing evidence.
Attacks showing intention to eliminate risk:
1. Victim asleep
2. Victim half-awake or just awakened
3. Victim grappling or being held
4. Attacked from behind with a firearm, bladed weapon
and other forms of armed attack
Requisites of treachery: (these two should always be present)
1. That at the time of the attack, the victim was not in a
position to defend himself;
2. The offender consciously adopted the particular means,
method or form of attack employed by him.
There is no treachery when the victim was already defending
himself when he was attacked by the accused. Or when there is
heated discussion.
Paragraph 17
Ignominy- circumstance pertaining to the moral order, which adds
disgrace and obloquy to the material injury caused by the crime.
Applicable to crimes against chastity, less serious
physical injuries, light or grave coercion and murder.
It makes the effect of the crime more humilitating or to
put the offended party to shame. It also adds to the moral
suffering .
Ex. When the accused raped a woman after winding cogon grass around his
genital organ, he thereby augmented the wrong done by increasing its pain
and adding ignominy thereto.
Rape of a woman before the presence of her husband.
Paragraph 18
Unlawful entry- when an entrance is effected by a way not
intended for the purpose. It must be a means to effect entrance
not for escape.
Paragraph 19.
The aggravating circumstance of forcible entry. The wall, roof,
floor, door or window as means in commission of a crime.
Ex. Cutting of the canvas of the tent where the soldiers are
sleeping.
Murderer who for purpose of entering the house of the victim,
breaks a wall or window of the house.
Paragraph 20.
With the aid of persons under 15 years of age- to take advantage
of their irresponsibility.
By means of motor vehicles, airships or other similar means- in
going to the place of the crime, in carrying away the effects
thereof, and in facilitating their escape.
Note: If the motor vehicle is only used in facilitating the escape, it
should not be aggravating circumstance.
Ex. A with the help of B and with lewd designs forcible took and
carried away with a woman by means of an automobile to another
town. The crime of forcible abduction was committed with this
aggravating circumstance.
Use of bicycle is not aggravating.
Paragraph 21
Cruelty- when the culprit enjoys and delights in making his victim
suffer slowly and gradually, causing him unnecessary physical pain
in the consummation of the criminal act.
Required deliberate prolongation of the physical
suffering of a victim causing him moral and physical pain.
Considered in:
- Murder by burning of the mouth of child
- Extracting victims eye and stuffing his mount with mud.
Ignominy vs. Cruelty
Ignominy involves moral suffering while cruelty refers to physical
suffering.
Degree of instruction and education of the offender- does not
pertain his level of education (grade 1 only) but applies to the
offender who really has not received any instruction. But the
accused lacks degree of instruction and education if he did not
finish first grade in elementary school.
Lack of instruction as mitigating:
Lack of sufficient intelligence is required in illiteracy. Intelligence
and literacy must come together.
Lack of sufficient instruction is not mitigating when the offender is
a city resident who knows how to sign his name.
It must be proven and cannot be raised for the first time in
appellate court.

Article 15. Their concept. Alternative circumstances are those Lack of instruction or degree is not mitigating in:
which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the a. Crimes against property;
other conditions attending its commission. They are the b. Treason
relationship, intoxication and the degree of instruction and c. Murder
education of the offender.
The alternative circumstance of relationship shall be taken High degree of education is aggravating in the following
into consideration when the offended party is the spouse, circumstances:
ascendant, descendant, legitimate, natural or adopted brother or
sister or relative by affinity in the same degree of the offender. a. A lawyer, with abuse of his education, commits estafa.
The intoxication of the offender shall be taken into account as b. A medical student who was convicted of slander by
mitigating circumstance when the offender committed felony in a deed.
state of intoxication, if the same is not habitual or subsequent to It is aggravating if he takes advantage of his education in
the plan to commit said felony; but when the intoxication is committing the crime.
habitual or intentional, it shall be considered as an aggravating
circumstance.

Relationship- stepfather, stepmother, stepson and stepdaughter is

included by analogy as similar to that of ascendant and
descendant. The reason is that it bestow care, affection and
protection.

Relationship between uncle and niece is not covered thereto.

As a rule relationship is mitigating in crimes against property by
analogy to the provisions of Art. 332. No criminal but only civil
liability to the crimes of theft, swindling or malicious mischief.
Relationship is aggravating in crimes against persons except in
crimes of less serious physical injuries or slight physical injuries
where it is mitigating.

In crimes of chastity, relationship is always aggravating. i.e.

stepfather raped his stepdaughter; father raped his own daughter.
Relationship is neither mitigating nor aggravating, when
relationship is an element of the offense- parricide, adultery and
concubinage.

The reason is because of the nature and effect of the crime

committee. It is not shocking to our moral sense hearing a father
committed slight physical injury to her daughter, but it is when we
hear a father raped his own daughter.

Intoxication-
Mitigating- if not habitual; if it is not subsequent to the plan to
commit a felony;
Reason: if the person is under the influence of liquor, his
exercise of will power is impaired;

Aggravatng- if habitual; intentional

Reason: the offender resorted to it to bolster his courage to
commit a crime. The constant use of intoxicating liquor lessens the
individual resistance to evil thoughts and undermines the will
power making himself a potential evildoer whose activities, the
society has the right for its own protection to impose a more
severe penalty.