Constitutional Limitations of the power of Congress to enact Penal laws:

1. Should not operate as bill of attainder;

2. Should not operate as ex post facto law;
3. Must not impose cruel/ unusual punishment or excessive fines;
4. Must be general in application/ adhere to the equal protection clause;
5. Must observe substantive and procedural due process.

Exception of the application of Intra-territoriality rule:

1. Crime committed in a Phil. Ship or airship;
2. Should forge or counterfeit any icon or currency note of the Phils or obligations and
securities issued by the Phil. Gov;
3. Should be liable for acts connected with the introduction of these articles into the
Phil. Islands;
4. While being a public officers or employees, should commit an offense in the exercise
of their functions;
5. Should commit any of the crimes against national security and the law of nations
such as Treason, Espionage, Provoking war, piracy and mutiny, but NOT rebellion
(bec. Rebellion is not a crime against national security BUT of public order)

Motive vs. Intent

Motive is the Moving power which impels a person to perform an act for a definite
result, WHILE Intent is the purpose for using a particular means to bring about a
desired result.

Motive is irrelevant in determining criminal liability ( also bec it is hard to prove, it being a
state of conscience). When is motive relevant though?
When the act may give rise to variant crimes;
When the identity of the accused is in doubt
When the evidence on the commission of the crime is purely circumstantial

Factors affecting INTENT, and correspondingly, criminal liability (p. 24- MAE-PP)
Mistake of fact
Aberratio Ictus
Error in personae
Praeter intentionem
Proximate cause

Stages of Commission of a felony:

1. Attempted Stage
When the offender commences the commission on the felony directly by
overt acts and does not perform all the acts of execution necessary to
produce the felony by reason of some cause, independent of some cause or
accident, other than his own spontaneous desistance.
2. Frustrated Stage
 When the offender performs all the acts of execution that would produce the
felony as a consequence, which nevertheless did not produce it by reason of
some cause independent of the will of the perpetrator.
3. Consumated Stage
When elements (notacts!!! wag makulet!!!) necessary to its execution and
accomplishment are present.
_____________________________________________________________________________________________________
The crime committed on the occasion of conflagration, shipwreck, earthquake,
epidemic, or other calamity or misfortune is GENERIC/Ordinary (GAC) or QAC in
MUDER.
QAC in rape
o Relationship and minority
o Child below 7
QAC in murder
o Treachery
1. SAC in serious pis
o Treachery

Liability of impossible crime will be imposed only of there if the act committed would
not constitute another felony under the RPC. (ex. Spraying xs room with bullets but
since X was not there, no one was injured. But the malefactors threw a hand grenade
with destroyed xs room. The crime committed is destructive arson)

4. Distinguish from one another the following forms of habituality:

Recidivist
o One who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title
of the RPC. There must be 2 convictions.
Reiteracion
o Or habituality is present when the accused, has been previously
sentenced for another offense to which the law attaches an equal or
greater penalty, or for 2 or more crimes to which it attaches a lighter
penalty.
Habitual Delinquent
o One who, within a period of 10 years from his release or last conviction of
crimes of serious or less serious PI,s robo, hurto, estafa and falsification,
is found guilty of any said crimes, a third time or oftener.
Quasi- recidivist
o The offender has been previously convicted by final judgment, and before
beginning to serve such sentence, or while serving the same, he
committed a felony. He shall be punished by the maximum period of the
penalty prescribed by law for the new felony.

5. Uninhabited place
 Determined by the reasonable possibility of the victim receiving some help or
where there are no people or any number of houses within a perimeter of less
than 200 meters.

6. When is there final judgment? (p. 103 boado)

a. When the 15 days period for appeal has lapsed and the accused has not
filed the same;
b. When the offender waived his right to appeal;
c. When the offender starts to serve his sentence
d. When the offender applied for probation

Proximate Cause
That cause which, in its natural and continuous sequence, unbroken by any
efficient intervening cause, produces the injury, and without which the result
would not have occurred.
o In several bar questions, the proximate cause of the death of a victim must be a
felonious act of the malefactor (running amok; hitting his wife with his fist causing
her heart attack; pulling the hand of a mother (coercion) while holding her baby,
causing her to fall on her baby) .

Article 4 (10) RPC provides that criminal liability is incurred by any person commiting a
felony, although the wrongful act done be different from that which he intended.

The rule is, a felonious act of a person, generating a sense of danger in the mind of
another, prompting the latter to avoid or escape such danger (impelled by the instinct of
self preservation-memo if you can, astig eh haha), and in the process sustains injury or dies,
the person committing such felonious act is responsible for such injury or death.
(convict escapes, runs amok, passengers our of fear jumped from the bus and died)

Band
Elements:
o At least 4 men
o At least 4 were armed
o At least 4 took part as principal by participation
Armed men
Requisites:
o That the armed men are accomplices who take part in minor capacity;
directly or indirectly
o That the accused availed himself of their aid or relied upon them when he
crime was committed
Thus- it doesn't apply when the armed men acted in concert;
Thus- the armed men acted as accomplices only

Organized/syndicated group (Art 62 [1(a)])
A group of 2 or more persons collaborating, confederating or mutually helping one
another for the purpose of gain in commission of any crime.

Who are persons in authority



Requisites of Contempt/ insult to public authority

The public authority is in the discharge of his duties
The offender knows the identity of the P.A
The offense was committed in his presence

When dwelling is not aggravating:

Offended has given provocation
Both the offended and the offender live in therein (even when the offender is a
servant in the house)
Dwelling is inherent in the crime such as trespass to dwelling or robbery
When the victim is not a dweller of the house

Requisites of abuse of confidence of obvious ungratefulness

Offended has trusted the offender
Offender abused such trust
Such abuse of confidence facilitated commission of the crime

Alternative Circumstances (3)

Relationship
Intoxication
Degree of Instruction/education
o Lack of instruction can be mitigating but never aggravating
o Degree of instruction can be aggravating but never mitigating

Elements of evident premeditation (EP)

p. 106
The TIME when the offender determined to commit the crime
An ACT manifestly indicating that he has clung to his determination; and
Sufficient LAPSE of time between such determination and execution to allow him
to reflect upon the consequences of his act

When is there unlawful entry?

When the entrance is effected by a way not intended for that purpose.

What is IMPLIED COSPIRACY?

It is which is only inferred from the manner the participants in the commission
of the crime carried out its execution. Where the offenders acted in CONCERT in
the commission of the crime, meaning that their acts are coordinated or
synchronized in a way indicative that they are pursuing a common criminal
objective, they shall be deemed to be acting in conspiracy and their criminal
liability shall be collective, not individual.
o Here, mere presence and approval of the crime, without PARTICIPATING
in the commission of the crime, WILL NOT MAKE ONE LIABLE (as opposed
to an conspiracy by prior agreement, where mere presence (and moral
participation or encouragement) or as long as he appeared in the situs of
the crime, the conspirator is LIABLE.)
Generally, crimes mala in prohibita (SPLs) are punished only in the consummated stage-
actual injury is required. Acts mala in se, on the other hand are punishable even in the
attempted and frustrated stage.

(my own analysis and im proud of it! Hahah ngayon ko lang nagets!)
(B) p83 says:
Any first year law student knows that unlawful aggression is not a mitigating
circumstance (AM rt- 91-758, 1994). It is NOT the unlawful aggression but the
INCOMPLETENESS of the defense that is mitigating.

YOU SEE, justifying and exempting circumstances (all of them.. well most actually, have
their own elements. Look at the elements of self defense (LUR), or that of the state of
necessity (state of necessity is one of the FODS)- they have 3 elements)

Now, when these elements are not ALL present, THAT GIVES RISE TO MITIGATING
CIRCUMSTANCES (pero hindi lahat ng Mitigating ha, kasi example yung Passion and
obfuscation, Mitigating talaga sha, hindi lang dahil hindi sha exempting o justifying).

SO, hapag 1 our of 3 elements lang ang meron, youll have an OMC. Kapag naman 2 out
of 3, edi meron ka PMC. Eh kapag meron lahat? 3 of 3 ganon? Edi JUSTIFIED OR
EXEMPTED NA YUNG ACT, hindi na sha simply MITIGATING.

Elements of Voluntary surrender

1. The offender surrendered to a person in authority or his agent;
2. He did so before arrest is effected;
3. He did so voluntarily, i.e., spontaneous and must show the intent of the offender
to submit himself, either bec he admits his guilt, or he wished to save the
authorities from the trouble and expenses incidental to his search and capture.
4. No pending warrant of arrest or information filed

Elements of Voluntary plea of guilt

1. Made in open court
2. Spontaneous and made without conditions
3. Made before the prosecution presented their evidence