Professional Documents
Culture Documents
Requisites
a. An order issued by a superior;
b. Such order must be for some lawful purpose; and
c. Means used by the subordinate to carry out said order is lawful.
TICMAN: I am ordering you to kill him. PO looked for C and killed him. PO alleged that he merely acted
through an order. HELD: NOT EXEMPTED. While order's purpose would appear to be lawful (to prevent
drug pushing), but the means is not lawful.
TICMAN: Must have been convicted. GF should not be considered. Malversation through negligence – lack
of criminal intent, absence of malice and good faith are not valid defenses. Not obedience to lawful order
because he knew that the obligation is only P34M, not P55M.
Requisites
a. Accused acted in the performance of his duty or in the lawful exercise of his right or office;
b. The injury caused or the offense committed is the necessary consequence of the due performance
of such duty or the lawful exercise of such right or office.
TICMAN: Mr. A is a police officer assigned in UN Ave. While on duty, received an information from tipster:
“There is a hostage taking incident in Luneta, inside the bus near Rizal monument. 23 hostages, HK
nationals.” He positioned 30m away from the bus. He could see the inside of the bus. He brought a bazooka
and fired a shot. Hostage taker died. Charged with crime of murder by means of explosion. Merely fulfilling
his duty? HELD: PRIVILEGED MITIGATING. No due fulfillment duty when he immediately fired.
TICMAN: Husband and wife A and B sleeping together. A dreamed of Jurassic Park. Thought wife is a T-
rex, killed her. A may prove his insanity.
IMBECILITY
Imbecility – likened to a child 2-7 years old. TICMAN: Must be below 7 y.o.
MINORITY
How will it affect criminal liability? Depends. If child in conflict of law is 15 years of age or below, absolutely
exempted. If child over 15 but under 18, if not acted with discernment, exempt. Otherwise, at most that
would be considered as privileged mitigating circumstance.
TICMAN: If today is 15th birthday and child raped someone with discernment, exempted. But if tomorrow,
guilty but considered as privileged mitigating. Meanwhile, if today is my 18 th birthday, not anymore minor.
Full responsibility.
N.B. Sec. 58 of RA 9344 – there are certain crimes where children in conflict with the law are ABSOLUTELY
EXEMPT: prostitution, sniffing rugby and mendicancy.
ACCIDENT
May be unforeseeable. Even if foreseeable, must be unavoidable and inevitable.
Requisites:
a. Performing a lawful act;
b. With due care;
c. Causes an injury by mere accident; and
d. No fault on his part to cause injury.
TICMAN: Mr. A, early morning, was driving on Espana Ave. He decided to drive at 20-30 km/hr. He removed
his seatbelt. Old lady suddenly emerged in front of his car. He failed to apply the brakes. Old lady died.
Charged of reckless imprudence resulting to homicide. Accident? HELD: NOT EXEMPT. 1st requisite not
present. He is not performing lawful act because no seatbelt.
TICMAN: President called PO1 to Malacanang. President said “PO, Mr. C is a drug lord. I want you to kill
him.” PO1: “I can’t.” President: “No. Kill him, or else, I will have you your wife and children killed tomorrow
by noon time.” He killed Mr. C. Can PO1 successfully invoke having acted under impulse of uncontrollable
fear of an equal or greater injury? HELD: NO. First, he has the opportunity to escape. More importantly,
was the threatened wrong speculative? Fanciful? Remote? It’s up to you.
Parish priest heard confession. B told him a secret. A-Z are conspiring to commit treason. Sakristan heard,
went to DOJ to report the same (misprision of treason). Can father be convicted? HELD: NO. Because he
may invoke last par. of Art. 12. Priest-confessant privilege. Cannot reveal such fact.
TICMAN: A is a PO assigned in Pagudpud, Ilocos Norte. He saw Mr. B stab C. May arrest without warrant?
Yes. “Mr. B, I am placing you under arrest.” B started running. PO chased B. After 2 weeks, PO was able
to arrest B. Typhoon Signal No. 17 and Earthquake Intensity 13. No travel After one week, case was filed.
PO was charged under RPC 125 (delay in the delivery, 36 hours for homicide). HELD: PREVENTED BY
INSUPERABLE CAUSE.
TICMAN: Flashed dirty finger. Light felony. Must be delivered within 12 hours. Happened 7AM, Sunday.
Released beyond 12 hours. In case B files under RPC 125, will it prosper? HELD: NO. While PO has 12
hours, he was prevented by insuperable cause that is the closure of the courts.
If generic attends
Minority – at least 2 degrees
But able to prove 2 or more generic mitigating – it is as if he proved a privileged mitigatin. Thus reduction
of penalty by 1 degree.
Adultery is a private crime. Spouses husband A and wife B. After 5 years, A left B. After a year, B has sex
with neighbor for 3 years. A returned. A filed adultery case against wife B. What can wife B invoke? HELD:
SPECIAL MITIGATING CIRCUMSTANCE. Abandonment.
When generic or privileged? If the offender is able to prove a majority of the requisites, such is a privileged
mitigating. Otherwise, generic mitigating. If has only 2 requisites, establishing one will entitled accused to
privileged mitigating, and so on.
Incomplete self-defense
Privileged mitigating if was able to prove unlawful aggression and either of the remaining requisites.
If only unlawful aggression is proven – generic mitigating.
PROVOCATION OR THREAT
Requisites
a. The provocation/threat must be sufficient;
b. It must originate from offended party; and
c. The provocation/threat immediately preceded the act (i.e. the commission of the crime by the
person who is provoked).
PASSION OBFUSCATION
Same. But cause of passion/obfuscation must be immediate to the commission of the crime.
Requsiites
a. There is an act, both unlawful AND sufficient to produce such a condition of mind; and
b. Said act which produced the obfuscation was not far removed from the commission of the crime by
a considerable length of time, during which the perpetrator might recover his normal equanimity
TICMAN: A and B are sweethearts, NOT spouses. A saw B with Mr. C kissing. Mr. A approached both and
hacked both to death. Prosecuted for homicide. May passion/obfuscation appreciated? HELD: NO. Act of
Mr. A witness could have produced passion or obfuscation, but the act of kissing is NOT unlawful (unless
they are spouses).
CONFESSION OF GUILT
a. The offender spontaneously (voluntary; not conditional) confessed his guilt;
b. The confession of guilt was made in open court, that is, before the competent court that is to try the
case;
c. The confession of guilt was made prior to the presentation of evidence for the prosecution; and
d. The confession is to the offense charged in the information, not to a different offense.
N.B. NOT applicable during custodial investigation or preliminary investigation. If there is change of plea in
plea bargaining (saying he is guilty), still applicable because prosecution has not yet presented evidence.
TICMAN: Not guilty plea. While prosecution witness is testifying. Accused change plea while on trial. In
order to prevent wagering.
TICMAN: Inverted trial. Defense presented. Accused then said he is guilty. HELD: Entitled to mitigating.
Because prosecution has yet to start presenting evidence.
VOLUNTARY SURRENDER
a. Offender had NOT been actually arrested;
b. The offender surrenders himself to a person in authority or to the latter’s agent.
c. The surrender was voluntary.
a. N.B. Voluntary if it acknowledged guilt OR intention of saving the government to of
expenses necessary for his capture.
d. There is no pending warrant of arrest or information filed (People vs. Taraya)
a. XPT: De Vera: case to case basis.
TICMAN: A is PO. Saw B stab C. A said I am arresting you. B said okay. HELD: NO VOLUNTARY
SURRENDER. Because he has already been actually arrested.
PHYSICAL DEFECT
Not just any physical defect will affect the crime. It will only do so if it has some relation to the crime
committed.
The physical defect that a person may have must have a relation to the commission of the crime.
This circumstance must also have a bearing on the crime committed and must depend on how the
crime was committed.
INTOXICATION
Mitigating if: NOT habitual AND NOT subsequent to the #PLAN to commit a felony.
Teetotaler – does not drink alcoholic beverage.
TICMAN: Mr. A is a teetotaler. A is dumped by GF for another girl. Depressed. He drank alone in a bar. For
the first time, he drank. He remembered what her GF has done to him. He planned to rape the ex’s new
GF. HELD: MITIGATING. Not habitual. Not subsequent. He drank first before he planned to commit the
crime.
RELATIONSHIP
Crimes against chastity, relationship is ALWAYS aggravating.
Crimes against persons, relationship is ALWAYS aggravating.
Crimes against property, relationship is ALWAYS mitigating.
o EXEMPTING in theft, swindling and malicious mischief.
TICMAN: A is son of B. A is a law student. One day, her want to his father asking for advance of allowance.
While B is taking the shower, A got P5K from the wallet. Theft. Will it prosper? HELD: NO. SON IS EXEMPT.
RPC 332.
TICMAN: Same set of facts. P5K or your life? Hacked his father to death. Robbery with homicide (not
paricide). Relationship appreciated? HELD: YES. MITIGATING. Because crime against property.
High degree of instruction and education is aggravating, when the offender avails himself of his learning in
committing the crime.
Inherent in falsification by public officers and employees AND those crimes committed by public officers.
The public officer must use the influence, prestige, or ascendancy which his office gives him as the
means by which he realizes his purpose (U.S. v. Rodriguez; March 21, 1911).
Requisites
1. The public authority is engaged in the exercise of his functions;
2. Such public authority is NOT the person against whom the crime is committed;
3. The offender knows him to be a public authority; and
4. His presence has not prevented the offender from committing the criminal act.
A teacher is NOT a public authority as within the contemplation of Article 14(2) (People vs. Tac-an; February
26, 1990). DEPENDS: RPC 152 considered if he/she is a victim of direct assault under RPC 148. Otherwise,
NOT person in authority.
Sex
This refers to the female sex only, not the male sex.
Offender must be a MAN.
N/A crime against chastity
Is it inherent in rape? Depends on the form of rape. If rape through carnal knowledge, it is inherent
because victim is a woman. But if through sexual assault, NOT INHERENT because the victim may
either be a man or woman.
Age
It applies to cases where the victim is of tender age as well as of old age.
Rank
There must be a difference in the social condition of the offender and the offended party.
TICMAN: PNOY walking looking at X’s GF. X beat and mauled PNOY, hospitalized in 45 days. Serious
physical injuries. HELD: DISREGARD OF RANK.
Dwelling
As long as dwelling is involved.
No need to be the owner.
N/A if offender and offended resides in the same hourse.
N/A if victim gave provocation.
o Provocation must have come from the victim.
o Provocation must be sufficient.
o Must have immediately preceded the criminal act.
PARAGRAPH 5
N.B. PURPOSE of the offender in entering these places must be to commit a crime.
TICMAN: Mr. A is a spa attendant. Customer is PH President. Mr. A barged in the cubicle, grabbed his
attendant and raped in front of the President. Rape. Par. 5 applicable? HELD: YES. Because in the
presence of PH even not performing function. And Mr. A went to the spa with intent to commit the crime.
Nighttime (Nocturna)
TICMAN: Mr. A thought of killing Mr. B. A heard a news that the eclipse would again happen in Manila.
Okay, sige. At exactly 12nn. At exactly, Mr. B went out. Mr. A approached and shot B. Died. Prosecuted for
murder. Nightime appreciated? HELD: NO. Crime was not committed during nighttime. Must be 6PM-6AM,
AND under the cover of darkness.
TICMAN: 3AM and under a lamp post. If lamp post is on, NO. If not, YES.
Band (Encuadrilla)
Composed of at least 4 armed malefactors acting together in the commission of the crime.
Qualification of murder. Qualifying circumstance on theft (2 degrees higher) – because of greater perversity
of the offender. Instead of lending aid, accused would take advantage of their plight.
A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of the RPC.
TICMAN: 1944 homicide, year later, slight physical injuries. Recidivism? HELD: YES. Because homicide
and SPI are embraced in same title.
TICMAN: 1950 trespass, years later, robbery with forced upon things. Recidivism? HELD: NO. Trespass
(liberty) and robbery with forced upon things (property) NOT same title of Code.
REITIRACION
That the offender has been previously punished (a) for an offense to which the law attaches an equal or
greater penalty, or (b) for two or more crimes to which it attaches a lighter penalty
By means of fire. For a person to be liable for murder by using fire, in setting the house on fire,
must be done with the intention of killing. If intention is not to kill anyone, but to get back against
the owner. Then, arson with homicide RPC 320.
By means of explosion. Murder.
By means of inundation. Kill a person by drowning him.
By means of poison.
By other artifice involving a great waste and ruin. Dam.
TICMAN: A wants to kill B. B resides in 15 storey building. A chartered a jet and operated it by himself. A
maneuvered the aircraft towards the building. A jumped. B died. Murder qualified by use of artifice involving
great waste and ruin.
EVIDENT PREMEDITATION
Deliberate planning. Difficult to prove because of first and third requisite.
Requisites:
(a) The time when the offender determined to commit the crime;
(b) An act manifestly indicating that the culprit has clung to his determination; and
(c) A 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.
Inherent in the crimes: estafa, robbery, theft. Rape and acts of lasciviousness (BUT TICMAN DOES NOT
AGREE).
TICMAN: A charged of homicide in 1995. Did not appeal. Sentenced to suffer 20 years. Started serving
sentence. No longer had sex with a woman. On the 10th year, organized a party-list Tigang. 2 weeks before
intended release, “I will rape the very first woman I would see upon my release.” Then subscribed to FHM,
refrained from eating papaya. Then, released. Freedom. He heard shouts of a woman. Raped the woman.
Now charged of crime of rape. HELD: YES.
IGNOMINY CRUELTY
It involves moral suffering. It refers to physical suffering.
Generally applicable in crimes against chastity Generally applicable in crimes against persons
Cruelty
Extracted teeth, toe nails, peeled off skin. Murder by means of cruelty.
Ignominy
Appreciated against accused who had killed a person because accused killed the victim in the presence of
his wife and children. There is moral suffering on the part of the latter.
UNLAWFUL ENTRY
Through a way not intended for the purpose. Inherent in trespass and robbery with us of force upon things.
TICMAN: A wants to rape B. A entered into the main door, but locked. Yet he observed an opened window.
Then rape. Rape. NOT INHERENT. Entering the dwelling through a window.
AID OF MINORS; MOTOR VEHICLES, AIRSHIPS OR OTHER SIMILAR MEANS
Motor vehicle
Used in coming to or going out of the crime scene.
The use of a motor vehicle qualifies the killing to murder if the same was perpetrated by means thereof
(People vs. Enguito; February 28, 2000). When trike reach the bridge, speed up. Murder by means of motor
vehicle.
In People vs. Mallari (June 17, 2003), the accused deliberately used his truck in pursuing the victim. Upon
catching up with him, accused hit him with the truck, as a result of which the victim died instantly. It is clear
that the truck was the means used by accused to perpetrate the killing of the victim.
TREACHERY
There is treachery (alevosia) when the offender commits any of the crimes against the person, employing
means, methods, or forms in the execution thereof which tend directly and specially to insure its execution,
without risk to himself arising from the defense which the offended party might make.
TICMAN: Heated argument. B turned his back against A, then A drew gun, shot. B was killed. HELD: NO
TREACHERY. Attack must be unexpected. Persons in a heated argument necessarily expects an attack,
thus placing him on guard, making the attack not expected.
TICMAN: Panget mo. A turned his back. B killed him. HELD: NO TREACHERY. Provocation. Attack not
expected.
IMPORTANT: That there must be a deliberate and conscious adoption of the means of attack to
insure its execution, without risk to the offender from the defense which the offended party might
make.
If the meeting or encounter is casual, by chance, accidental, incidental or fortuitous, treachery may not have
attended the killing.
Go vs. CA
Go is a businessman. Baguan the other party. One way street, while driving, a vehicle is coming from the
opposite direction. Both went down and had heated argument. Shot Baguan then Go run away. Go then
went to police station to clear his name. Murder. Treachery? 2 weeks after promulgation of judgment, he
ran away from detention. Judge caused the recording of conviction. HELD: Had he not escaped, he would
have filed a NOA, approved. From murder to homicide. Mitigating is sufficient provocation. No treachery
because casual.