CRIMINAL LAW I

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Coverage of Criminal Law I

Art. 1-2: Preliminary Title: Date of

Effectiveness and Application of the
Provisions of this (RPC) Code
Art. 3-15: Title One: Felonies and
Circumstances which Affect Criminal
Liability
Art. 16-20: Title Two: Persons
Criminally Liable for Felonies
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Art. 21-88: Title Three: Penalties

Art. 89-99: Title Four: Extinction of
Criminal Liability
Art. 100-113: Title Five: Civil Liability

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Definition of Criminal Law

It is that branch of law which defines
crimes, treats of their nature and
provides for their punishment.

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Types of Crimes

Felony punishable by the Revised

Penal Code (RPC)
Offense punishable by Special Laws
Infraction

punishable
by
city/municipal ordinance

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Sources of Criminal Law

Spanish Codigo Penal

Revised Penal Code (Act 3815,
enacted December 8, 1930 and took
effect on January 1, 1932)
Special Penal Laws (Commonwealth
Acts, Republic Acts, Presidential
Decrees, Executive Orders, and Batas
Pambansa)
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Power to Define and

Punish Act as Crime
This power is vested upon the
Legislative Branch of Government. In
many instances in our history,
however,
this
power
was
also
exercised by the Executive Branch.
Thus, we have Commonwealth Acts,
Presidential Decrees and Executive
Orders.

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Limitations on Power to
Enact Penal Laws

Penal laws must be general in

application.
Penal laws must not partake the
nature of an EX POST FACTO LAW a
law that punishes an act or omission
done before the effectivity date of
the law.
Penal laws must not partake the
nature of a BILL OF ATTAINDER one
which punishes without the benefit of
due process.
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Penal laws must not impose cruel

and
unusual
punishment
nor
excessive fines.

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Characteristics of Criminal Law

Generality
Territoriality
Prospectivity

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Generality
It means that the criminal law of the
country governs all persons within the
country regardless of their race, belief,
sex, or creed.
It is subject to certain EXCEPTIONS
by INTERNATIONAL AGREEMENT.

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Exceptions to Generality
Effect
of
exceptions:
Persons
covered are immune from criminal
prosecution.
These persons include: (1) heads of
states, (2) ambassadors, and (3) other
diplomatic officials

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Territoriality
Penal laws of the country have force
and effect only WITHIN its TERRITORY.
It is subject to certain exceptions by
international agreements and practice.
Meaning, penal laws may apply
OUTSIDE of its TERRITORY.

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Composition of Territory

Territorial
Jurisdiction:
The
jurisdiction exercised of a country
over bodies of land, defined in the
Constitution.
Fluvial Jurisdiction: The jurisdiction
over maritime and interior waters.
Aerial Jurisdiction: The jurisdiction
over the atmosphere.
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Exceptions to Territoriality
This is taken up in Art. 2 of the
Revised Penal Code (RPC).

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Prospectivity
It means that acts or omissions will
only be subject to a penal law if they
are committed after a penal law had
already taken effect.
It is subject to certain EXCEPTIONS.

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Exceptions to Prospectivity
Effect: The law may be given retroactive
effect, that is, the (new) law may apply to
those persons covered under the old law,
provided the following are present:
The (new) law is favorable to the offender;
The offender is not a habitual delinquent;
and
There is no provision in the (new) law
against its retroactive application.

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Philosophies underlying
Criminal Law System

Classical/Juristic Philosophy
Positivist/Realistic Philosophy
Eclectic/Mixed Philosophy

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Classical/Juristic Philosophy

An eye for an eye, a tooth for a

tooth philosophy.
The
purpose
of
penalty
is
RETRIBUTION.
The offender is made to suffer for the
wrong he has done.
There is scant regard for the human
element of the crime. The law does
not look into why the offender
committed the crime.
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Capital punishment is a product of

this kind of this school of thought.
Man is regarded as a moral creature
who understands right from wrong.
So that when he commits a wrong,
he must be prepared to accept the
punishment therefor.

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Positivist/Realistic Philosophy

The
purpose
of
penalty
is
REFORMATION.
There is great respect for the human
element because the offender is
regarded as socially sick who needs
treatment not punishment.
Crimes are regarded as social
phenomena which constrain a person
to do wrong although not of his own
volition.
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Eclectic/Mixed Philosophy
This combines both positivist and
classical thinking. Crimes that are
economic and social nature should be
dealt with in a positivist manner, thus
the law is more compassionate.
Heinous crimes should be dealt with in
a classical manner, thus capital
punishment.

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Mala In Se and Mala Prohibita

Mala in se literally means that the
act is inherently evil or bad or per se
wrongful.
Mala prohibita are said to be crimes
which become wrong only because a
law punishes the same.

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Effectivity Date of RPC

Act 3815, otherwise known as the
Revised Penal Code of the Philippines
(RPC) took effect on January 1, 1932
(Art. 1, RPC).
This law was approved on December
8, 1930.

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Application of RPC (Art. 2)

The provision in Art. 2 embraces 2
scopes of application.
Intraterritorial
refers to the
application of the RPC within the
Philippine territory.
Extraterritorial application of the
RPC outside Philippine territory

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Extraterritorial Exception
to Territoriality
1.
2.

3.

Should commit an offense while on a

Philippine ship or airship;
Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the
Government of the Philippine Islands;
Should be liable for acts connected with
the introduction into these islands of the
obligations and securities mentioned in
the preceding number;

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4.

5.

While being public officers or

employees, should commit an
offense in the exercise of their
functions; or
Should commit any of the crimes
against national security and the
law of nations, defined in Title One
of Book Two of this Code.
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Philippine Ship or Airship

A vessel is considered a Philippine
Ship only when it is registered in
accordance with Philippine laws. Under
International Law, as long as such
vessel is not within the territorial
waters of a foreign country, Philippine
laws shall govern.

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Crimes on Philippine Ship or

Airship

If
within
Philippine
waters/atmosphere Philippines has
jurisdiction.
If on the High Seas (International
waters) Philippines has jurisdiction.
If within the territorial waters or
atmosphere of a foreign country
jurisdiction is dependent on what rule
English or French Rule adopted by
the foreign country.
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Crimes on Foreign Merchant

Vessel

If
within
Philippine
waters

Philippines has jurisdiction.

If on the High Seas (International
waters) country of origin of vessel
has jurisdiction.

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Crimes on Foreign Vessel Not

Triable in Our Courts
A foreign WAR vessel is part of the
sovereignty of the country to whose
naval force it belongs. As such, crimes
committed on board the said war
vessel, even if within our territorial
waters, are not triable in our courts.

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Two Rules/Theories Re Crime on

Board Foreign Merchant Vessel

French Rule
English Rule

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French Rule
The crime is triable in the country of
origin of the vessel, except if it affects
the NATIONAL SECURITY of the country
where
such
vessel
is
within
jurisdiction.

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English Rule
The law of the foreign country where
a foreign vessel is within its jurisdiction
is strictly applied, except if the crime
affects
only
the
INTERNAL
MANAGEMENT of the vessel. In which
case, it is subject to the penal law of
the country where it is registered.

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Important Note

The Philippines adopts the English Rule

The English Rule and French Rule apply
only to a foreign MERCHANT vessel if a
crime was committed aboard that vessel
while it was in the territorial waters of
another country. If that vessel is in the
high seas or open seas, there is no
occasion to apply the two rules. If it is not
within the jurisdiction of any country,
these rules will not apply.
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Definition of Felony (Art. 3)

Felonies refer to acts or omission
punishable by law (RPC).
The term felony is limited only to
violations of the RPC.

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Importance of Definition
This is important because there are
certain provisions in the RPC where the
term felony is used. That means the
provision is not extended to crimes
under special laws.

Example
A specific instance is found in Art.
160 Quasi-Recidivism:
A person who shall commit a felony
after having been convicted by final
judgment before beginning to serve
sentence or while serving the same,
shall be punished under the maximum
period of the penalty.
The word felony is used.
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Situation
If a prisoner serving sentence was
found possessing dangerous drugs,
can he be considered a quasirecidivist?

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Answer
No. Violation of the Dangerous Drugs
Act is not a felony.
The provision of Art. 160 specifically
refers to a felony and felonies those
acts and omissions punished under the
RPC.

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Elements of Felonies

That there must be an act or

omission.
That the act or omission must be
punishable by the Revised Penal
Code.
That the act is performed or the
omission incurred by means of dolo
or culpa.
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Act to Be Punishable
An act is any bodily movement
tending to produce some effect in the
external world.
To constitute a felony, the act must
be:

Punishable by the Revised Penal Code

Internal act, that is, a criminal intent, no
matter how bad, will never constitute a
felony.
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Meaning of Omission
It means inaction, the failure to
perform a positive duty which one is
bound to do. There must be a law
requiring the doing or performance of
an act.

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Punishable by Law

Based upon the maxim, NULLUM

CRIMEN, NULLA POENA SINE LEGE
there is no crime where there is no
law punishing it.
Punished by the RPC and not by a
special law.

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Kinds of Felonies

Intentional felonies
Culpable felonies

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Meaning of Dolo
In the RPC, it is translated as DECEIT
but its correct meaning is DELIBERATE
INTENT.

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Requisites of Dolo

There must be FREEDOM on the part

of the offender while doing an act or
omitting to do a act.
There must be INTELLIGENCE on the
part of the offender while doing an
act or omitting to do a act.
There must be INTENT on the part of
the offender while doing an act or
omitting to do a act.
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There Is No Freedom
A person who acts under the
compulsion of an irresistible force
(Art. 12, par. 5).
A person who acts under the impulse
of an uncontrollable fear of an equal
or greater injury (Art. 12, par. 6)
EFFECT: Offender is exempt from
criminal liability

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There Is No Intelligence

Imbecile person
Insane person
Child 15 years old or under at the
time of the commission of the
offense
Child above 15 years old but under
18
years
old,
acting
without
discernment, at the time of the
commission of the offense.
EFFECT: Offender is exempt from
criminal liability
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There Is No Intent

A person who caused an injury by mere

accident but without fault or intention of
causing it (Art. 12, par. 4).
Maxim: Actus non facit reum, nisi mens sit
rea an act does not make a person a
criminal unless his mind be criminal.
Maxim: Actus me invito factus non est
meus actus an act done by me against
my will is not my act.
Mistake of fact Ah Chong Case
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Requisites of Mistake of Fact

That the act done would have been

lawful had the facts been as the
accused believed them to be.
That the intention of the accused in
performing the act should be lawful.
That the mistake must be without
fault or carelessness on the part of
the accused.
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Requisites of Culpa

There must be FREEDOM on the part of the

offender while doing an act or omitting to
do an act.
There must be INTELLIGENCE on the part
of the offender while doing an act or
omitting to do an act.
There must be IMPRUDENCE, NEGLIGENCE
or LACK OF FORESIGHT or SKILL on the
part of the offender while doing an act or
omitting to do an act.

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Meaning of Imprudence
Imprudence indicates a deficiency of
action. Example:
If a person fails to take the
necessary precaution to avoid injury to
person or damage to property, there is
imprudence.
Imprudence
involves
LACK OF SKILL.

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Meaning of Negligence
Negligence indicates a deficiency of
perception. Example:
If a person fails to pay proper
attention and to use due diligence in
foreseeing the injury or damage
impending to be caused, there is
negligence. Negligence involves LACK
OF FORESIGHT.
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Motive

vs.

Intent

The moving power

The purpose to use
which impels one to a particular means to
action for a definite effect result.
result.
Not
essential
Essential
element of a crime, of a crime.
and hence, need not
be
proved
for
purposes
of
conviction.
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element

Motive Is Important

Where the identity of a person

accused of having committed a crime
is in dispute.
When there is doubt as to the
identity of the assailant.
In ascertaining the truth between
two antagonistic theories or versions
of the killing.
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Where the identification of the

accused proceeds from an unreliable
source
and
the
testimony
is
inconclusive and not free from doubt.
Where there are no eyewitnesses to
the crime, and where suspicion is
likely to fall upon a number of
persons.
If
the
evidence
is
merely
circumstantial.
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To Prove Motive
Motive is established by the
testimony of witnesses on the acts or
statements of the accused before or
immediately after the commission of
the offense.

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Criminal Liability (Art. 4)

There are two situations contemplated
under this article whereby criminal liability
shall be incurred:

Committing a felony (delito) although the

wrongful act done be different from that which
he intended.

Performing an act which would be an offense

against persons or property, were it not for the
inherent impossibility of its accomplishment or
an account of the employment of inadequate
or ineffectual means.
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Coverage of First Situation

The first situation covers even the
following:
Error in personae or mistake in the
identity of the victim
Aberratio ictus or mistake in the blow
Praeter intentionem or the consequence
exceeded the intention
Note: In these three circumstances, the
offender is always liable.

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Example of Mistake in Identity

X intended to kill Y. So, he waited for
the latter to pass in one corner. When
a
person
resembling
Y
was
approaching, X suddenly fired his gun,
hitting and killing the person. It turned
out to be Z.

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Effects of Error in Personae

The offender is liable for the crime.

Art. 49 of RPC applies, i.e., when the
crime intended is more serious than
the crime actually committed or viceversa, the penalty of the crime
bearing the lesser penalty will be
imposed. But it will be imposed in the
maximum period. (Discussed further
in the topic: PENALTIES.)
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Example of Aberratio Ictus

A fired his gun upon B. Because of
poor aim, it was C who was actually
hit.
Note the following possible effects of
the crime:
1. Upon B Attempted Homicide or
Murder.
2. Upon C
2.1 If C was killed Homicide
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2.2 If C was wounded Physical Injuries

(serious, less serious or slight physical
injuries). There cannot be an attempted or
frustrated homicide or murder because as
far as C is concerned, there is no intent to
kill.
3. Possible Charge:
3.1 Complex Crime (Art. 36): Attempted
homicide/murder WITH serious or less
serious physical injuries If C was seriously
or less seriously injured.
3.2
Two
Crimes:
Attempted
homicide/murder
AND
slight
physical
injuries.
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Effects of Aberratio Ictus

Generally gives rise to COMPLEX
CRIME.
If there is complex crime, the penalty
to be imposed is the penalty for the
more serious crime in the maximum
period.
There cannot be a complex crime
when one of the felonies is a light
felony.
NOTE: Grave, less grave and light

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Example of Praeter Intentionem

G delivered a fist blow upon H. H fell
to the ground and hit his head on the
pavement, causing hemorrhage and
eventually his death. G is still liable for
the death of H although his intention is
merely to give a fist blow.

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Effect of Praeter Intentionem

It is a mitigating circumstance,
particularly covered by par. 3 of Art.
13.

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Requisites of 1 Situation
st

That an INTENTIONAL FELONY has

been committed; and
That the WRONG DONE to the
aggrieved party be the DIRECT,
NATURAL and LOGICAL consequence
of the felony committed.

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Further Readings

Examples of wrong done must be the

direct, natural and logical consequence of
felonious act.
Examples of proximate cause.
Cases where there is no efficient
intervening cause.
Cases where there is no direct, natural and
logical
consequence
of
the
felony
committed.
Cases where there is no proximate cause.
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Requisites of 2 Situation
nd

The second situation talks about

IMPOSSIBLE CRIME. It has the following
requisites:
That the act performed would be
an offense against persons or
property.

That the act was done with evil

intent.
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That
its
accomplishment
is
inherently impossible, or that the
means
employed
is
either
inadequate or ineffectual.

That the act performed should not

constitute a violation of another
provision of the Revised Penal
Code.
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Felonies
Covered
Impossible Crime

Felonies against persons

Felonies against property

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in

Felonies against Persons

Parricide (Art. 246)

Murder (Art. 248)
Homicide (Art. 249)
Infanticide (Art. 255)
Abortion (Arts. 256-259)
Duel (Arts. 260 & 261)
Physical injuries (Arts. 262-266)
Rape (Arts. 266-A)
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Felonies against Property

Robbery (Arts. 294, 297, 298, 299,

300, 302 and 303)
Brigandage (Arts. 306 & 307)
Theft (Arts. 308, 310 & 311)
Usurpation (Arts. 312 & 313)
Culpable insolvency (Art. 314)
Swindling and other deceits (Arts.
315, 316, 317 & 318)
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Chattel mortgage (Art. 319)

Arson and other crimes involving
destruction (Arts. 320-326)
Malicious mischief (Arts. 327-331)

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Examples of Impossible Crime

When one tries to kill another by

putting in his soup a substance which
he believes to be arsenic when in
fact it is common salt.
When one tries to murder a corpse.
A fire at B, who was lying on bed,
NOT KNOWING that B was dead
hours before.
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A, with intent to gain, took a watch

from the pocket of B. When A had the
watch in his possession, he found out
that it was the watch which he had
lost a week before.
An employee who, having known the
safe combination, opens the safe in
the office for the purpose of stealing
money, but who finds the safe empty.
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A, determined to poison B, uses a small

quantity of arsenic by mixing it with the
food given to B, believing that the quantity
employed by him is sufficient. But since in
fact it is not sufficient, B is not killed.
A tried to kill B by putting in his soup a
substance which he thought was arsenic
when in fact it was sugar. B could not have
been killed, because the means employed
was ineffectual.
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STAGES IN THE COMMISSION

OF A FELONY (Art. 6)

Consummated felony
Frustrated felony
Attempted felon

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Consummated Felony
Consummated felony A felony is
consummated when all the elements
necessary for its execution and
accomplishment are present.

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Frustrated Felony
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.

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Attempted Felony
There is an attempt when the
offender commences the commission
of a felony directly overt acts, and
does not perform all the acts of
execution which should produce the
felony by reason of some cause or
accident
other
than
his
own
spontaneous desistance.

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Development of Crime

INTERNAL ACTS not punishable as

they are merely in the mind of a
person
EXTERNAL ACTS

Preparatory
acts

usually
not
punishable such as proposal and
conspiracy to commit a felony, except in
cases
where
the
law
provides
punishment.
Acts of execution punishable under the
Revised Penal Code. Has reference to
acts of execution: attempted, frustrated
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and consummated

Elements of Attempted Felony

The
offender
commences
the
commission of the felony directly by
overt acts;
He does not perform all the acts of
execution which should produce the
felony;
The offenders act is not stopped by
his own spontaneous desistance;
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The non-performance of all acts of

execution was due to cause or
accident other than his spontaneous
desistance

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Examples of Attempted Felony

A picked the pocket of B, inside of

which there was a wallet containing
P50.00. Before A could remove it
from the pocket of B, the latter
grabbed As hand and prevented him
from taking it. In this case, A failed to
perform all the acts of execution,
that is, taking the wallet, because of
a cause, that is the timely discovery
by B of the overt act of A.
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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.

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Spontaneous
Meaning

Desistance

It refers to the act of would-be

offender
in
not
pursuing
the
performance of all the acts of
execution.
Under the definition of an attempted
felony, the reason the offender does
not perform all the acts of execution
SHOULD NOT BE by his own
SPONTANEOUS
DESISTANCE.
Otherwise, he will not be liable for an
attempted felony.
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Example
of
Desistance

Spontaneous

One who takes part in planning a

criminal act but desists in its actual
commission
is
EXEMPT
from
CRIMINAL LIABILITY.

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When There Is No Spontaneous

Desistance

A stole a chicken under the house of

B one evening. Realizing that what
he did was wrong, A returned the
chicken to the place under the house
of B. Since the crime of theft was
already consummated, the return of
the stolen property does not relieve
A of criminal responsibility. A had
already performed all the acts of
execution which produced the crime
of theft before he returned the
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A attacked and wounded B in the abdomen

with a sharp-edged weapon, causing a
wound serious enough to have produced
death. A was about to assault B again; but
this time, A desisted and left B. B was take
to the hospital by another person. Because
of the timely and skillful medical treatment
by a physician, B did not die. It will be
noted that when A desisted, he had
already inflicted a mortal wound on B,
which could have produced his death were
it not for the timely intervention of a
physician. A is liable for frustrated
homicide.
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A, with intent to kill, fired his pistol at

B, but did not hit the latter. B cried
and asked A not to shoot him. A
desisted from firing his pistol again
at B. Is A criminally liable? Yes, not
for attempted homicide because he
desisted before he could perform all
the acts of execution, but for grave
threats which was already committed
by him when he desisted.
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Elements of Frustrated Felony

The offender performs all the acts

execution;
All the acts performed would produce
the felony as a consequence;
But the felony is not produced;
By reason of causes independent of
the will of the perpetrator.

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Examples of Frustrated Felony

A stabbed B in the abdomen,

penetrating the liver, and in the
chest. B did not die because of
prompt and skillful treatment that he
received.
A wounded B in the left abdomen
with a sharp-edged weapon, causing
a wound in the peritonial cavity,
serious enough to have produced
death.
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A in firing his revolver at B hit him in

the upper side of the body, piercing it
from side to side and perforating the
lungs. B was saved due to adequate
and timely intervention of medical
science.

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No Mortal Wound - Attempted

X threw Y into the deep water, and as

Y did not know how to swim, he
made efforts to keep himself afloat
and seized the gunwale of the boat,
but X tried to loosen the hold of Y
with the oar. X was prevented from
striking the latter by other persons.
Since X had the intent to kill Y, the
former
actually
committed
attempted homicide against the
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W fired four successive shots at V

while the latter was fleeing to escape
from his assailants and save his own
life. Not having hit V, either because
of his poor aim or because his
intended
victim
succeeded
in
dodging the shots, W failed to
perform all the acts of execution by
reason of a cause other than his
spontaneous desistance.
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Two physicians called to the witness

stand by the prosecution could not
agree that the wounds inflicted upon
the complainant would cause death.
One of themtestified that the wounds
were not serious enough to produce
death even if no medical assistance
had been given to the offended party.

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The head of the offended party was

merely grazed by the shot which hit
him, the would being far from fatal.

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Crime Is Not Produced

Because of the timely intervention of

a third person FRUSTRATED
FELONY.
Because
the
offender
himself
prevented its consummation, there is
NO FRUSTRATED FELONY.

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Case Study
A doctor conceived the idea of killing
his wife, and to carry out his plan, he
mixed arsenic with the soup of his
victim. Immediately after the victim
took the poisonous food, the offender
suddenly felt such a twinge of
conscience that he himself washed out
the stomach of the victim and
administered to her the adequate
antidote. Would this be a frustrated
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Determining Stage of Execution

The nature of the offense;

The elements constituting the felony;
and
The manner of committing the felony.

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Nature of Crime

Arson It is NOT NECESSARY that the

PROPERTY is TOTALLY DESTROYED by
fire. Consummated: even if only any
part of the house is burned.
Frustrated: there is burning but no
part of the house began to burn.
Attempted: act of setting fire but
apprehended.

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Elements Constituting the Felony

Theft consummated when thief is

able to TAKE HOLD or GET HOLD of
the thing belonging to another, even
if he is not able to carry it away.
EXCEPTION: the thing is stolen from a
compound, room, or container. In
such a case, the thing must be taken
out from a compound, room, or
container.
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Under the American common law,

the crime of larceny which is
equivalent to our crime of theft here
requires that the offender must be able
to carry away or transport the thing
being stolen. Without that carrying
away,
the
larceny
cannot
be
consummated.

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Estafa Consummated: there must

be DAMAGE or MISAPPROPRIATION. If
there is no damage yet, the estafa
can only be frustrated or attempted.

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Example of Theft

A took a leather belt from the

baggage of B and placed it in his
drawer. It was discovered later on by
other
persons.
Theft
here
is
CONSUMMATED.
The accused loaded boxes of rifle on
their truck. When they were on their
way out of the South Harbor, they
were checked at the checkpoint, so
they were not able to leave the
compound.
Theft
here
is
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The accused was found inside a

parked deep of Captain Parker by an
American MP. The jeeps padlock had
been forced open and lying between
the front seats and the gearshift was
an iron bar. Captain Parker was then
inside a theater. Theft here is
ATTEMPTED.

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Example of Estafa

The accused offered to give complainant a

job as office boy in Ft. McKinley with a
salary of P25.00, but he asked P3.80 for Xray examination. The representation of the
accused that the amount of P3.80 was for
X-ray examination was false. Complainant
handed to him P3.75 and while taking the
remaining five centavos from his pocket, a
policeman placed the accused under
arrest. ESTAFA here is FRUSTRATED.
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The
accused
fraudulently
assumed
authority to demand fees for the Bureau of
Forestry, when he noticed that a timber
was cut in the forest by the complainant
without permit and used it in building his
house. the accused tried to collect P6.00
from the complainant ostensibly to save
him from paying a fine and to prepare for
him a petition to obtain a permit to cut
timber. The complainant refused or was
unable to give P6.00 to the accused.
ESTAFA here is ATTEMPTED.
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The Nature of the Crime

In the crimes involving the taking of
human life: parricide, homicide, and
murder:
Consummated Victim died.
Frustrated Victim is MORTALLY
WOUNDED.
Attempted Victim is NOT MORTALLY
WOUNDED.
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Exception
Subjective Stage: The Supreme
Court ruled that when the offender
himself
believed
that
he
had
performed all the acts of execution,
even though no mortal wound was
inflicted, the act is already in the
FRUSTRATED STAGE

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Rape

Consummated Rape The accused

lay on top of a girl 9 years of age for
over 15 minutes. The girl testified
that there was partial penetration of
the male organ in her private parts
and that she felt intense pain.

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Frustrated Rape The accused

endeavored
to
have
sexual
intercourse with a girl 3 years and 11
months old. There was doubt
whether he succeeded in penetrating
the vagina. (Considered as a stray
decision inasmuch as it has not been
reiterated in the Courts subsequent
decisions.
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Attempted Rape The accused

placed himself on top of a woman,
and raising her skirt in an effort to
get his knees between her legs while
his hands held her arms firmly,
endeavoring
to
have
sexual
intercourse with her, but not
succeeding because the offended
party was able extricate herself and
to run away.
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When Light Felonies Are

Punishable (Art. 7)
Light felonies are those infractions of
law for the commission of which the
penalty of arresto menor or a fine not
exceeding 200 pesos, or both, is
provided. (Art. 9, par. 3)
The light felonies punished by the
RPC:
Slight physical injuries. (Art. 266)
Theft. (Art. 309, pars. 7 & 8)
Malicious mischief. (Arts. 328, par.
3; Art. 329, par. 3)
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Intriguing against honor. (Art. 364)

Alteration of boundary marks (Art.
313)
The
penalty
for
the
abovementioned crimes is arresto menor
(imprisonment from one day to thirty
days), or a fine not exceeding P200.

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General Rule & Exception

Light felonies are punishable ONLY
when they have been consummated.
Exception: Light felonies committed
against persons or property, are
punishable even if ATTEMPTED or
FRUSTRATED.

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Conspiracy & Proposal to Commit

Felony
General Rule:
Conspiracy and proposal to commit
felony are not punishable.
Exception:
They are punishable only in the
cases in which the law specially
provides a penalty therefor.

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Meaning of Conspiracy
Two or more persons come to an
agreement concerning the commission
of a felony and decide to commit it.

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Two Ways Conspiracy Exists

There is agreement.
The participants acted in concert or
simultaneously which is indicative of
a meeting of the minds towards a
common criminal goal or criminal
objective.
Note: When several offenders act in
a synchronized, coordinated
manner, the fact that their acts
complimented each other is
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Two Kinds of Conspiracy

Conspiracy as a crime
Conspiracy as a manner of incurring
criminal liability

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Conspiracy
as
Characteristics

Crime:

No overt act is necessary to bring

about the criminal liability.
It is only true when the law expressly
punishes the mere conspiracy.

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Examples of Conspiracy as a
Crime

Conspiracy to commit treason (Art.

115)
Conspiracy to commit coup d etat,
rebellion or insurrection (Art. 136)
Conspiracy to commit sedition (Art.
141)
Monopolies and combinations in
restraint of trade (Art. 186)
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Case Study

A and B agreed and decided to rise

publicly and take up arms against the
government with the help of their
followers. Even if they did not carry
out their plan to overthrow the
government, A and B are liable for
conspiracy to commit rebellion under
Art. 136 of the RPC.

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Note:
If A and B and their followers did rise
publicly and take arms against the
government to overthrow it, thereby
committing rebellion, their conspiracy
is not a felony. They are liable for
rebellion and their conspiracy is only a
manner of incurring criminal liability
for rebellion.
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Conspiracy as a Manner of
Incurring Criminal Liability
The law does not punish mere
conspiracy to commit crimes (except
in cases where the law provides
punishment therefor). It is necessary
that the conspirators carry out what
has been agreed upon. In this case,
CONSPIRACY determines the criminal
liability of the offenders.

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Case Study

A, B, and C, after having conceived a

criminal plan, got together, agreed
and decided to kill D. If A, B and C
failed to carry out the plan for some
reason or another, they are not liable
for having conspired against D,
because the crime they conspired to
commit, which is murder; is not
treason, rebellion or sedition.
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Note:
If they carried out the plan and
personally took part in its execution
which resulted in the killing of D, they
are all liable for murder; even if A
merely acted as guard outside the
house where D was killed and B merely
held the arms of D when C stabbed
him to death.
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Requisites of Conspiracy

That two or more persons came to an

agreement;
That the agreement concerned the
commission of a felony; and
That the execution of the felony be
decided upon.

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Meaning of Proposal
A person who has decided to commit
a felony proposes its execution to
some other person or persons.

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Examples of Proposal as a Crime

Proposal to commit treason (Art. 115)

Proposal to commit coup d etat,
rebellion or insurrection (Art. 136)

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Cases Study

A
desires
that
the
present
government be overthrown. But A is
afraid to do it himself with others. A
then suggests the overthrowing of
the government to some desperate
people who will do it at the slightest
provocation. In this case, A is not
liable for proposal to commit
rebellion, because A has not decided
to commit it.
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A conceived the idea of overthrowing

the present government. A called
several of his trusted followers and
instructed them to go around the
country and secretly to organize
groups and to convince them of the
necessity
of
having
a
new
government. Note that what A
proposed in this case is not the
execution of the crime of rebellion,
but the performance of preparatory
acts for the commission of rebellion.
Therefore, there is no proposal.
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Classification of Felonies
According to their Gravity (Art. 9)

Grave felonies those to which the

law attaches the capital punishment
or penalties which in any of their
periods are afflictive, in accordance
with Art. 25 of this Code.

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Less grave those to which the law

punishes with penalties which in their
maximum period are correctional, in
accordance with Art. 25 of this Code.

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Light felonies those infractions of

law for the commission of which the
penalty of arresto menor or a fine not
exceeding 200 pesos, or both, is
provided.

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Capital Punishment
Capital punishment is death penalty.

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Afflictive Penalties
The
afflictive
penalties
in
accordance with Art. 25 of this Code
are:
Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute
disqualification
Perpetual
or temporary special
disqualification,
Prision mayor
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Correctional Penalties
The following are correctional
penalties:
Prision correccional
Arresto mayor
Suspension
Destierro

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Circumstances Affecting
Criminal Liability

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Justifying circumstances (Art. 11)

Exempting circumstances (Art. 12),
and other absolutory causes (Arts.
20; 124, last par.; 280, last par.; 332;
344; etc.)
Mitigating circumstances (Art. 13)
Aggravating circumstances (Art. 14)
Alternative circumstances (Art. 15)
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Justifying Circumstances (Art. 11)

Definition: Those where the act of a

persons 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.
Effect: There is no civil liability,
except in par. 4, where the civil
liability is borne by the persons
benefited by the act.
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Basis of justifying circumstances: The

law recognizes the non-existence of a
crime by expressly stating in the
opening sentence of Art. 11 that the
persons therein mentioned do not
incur any criminal liability.

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Burden of Proof
The burden of proof in proving the
existence of justifying circumstances
lies upon the accused.

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Types of Justifying Circumstances

Self-defense
Defense of relative
Defense of stranger
Avoidance of greater evil or injury
Fulfillment of duty or lawful exercise
of right or office
Obedience to an order issued for
some lawful purpose
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Self-Defense (Art. 11, par.1)

Requisites of Self-Defense:
Unlawful aggression;
Reasonable necessity of the means
employed to prevent or repel it;
and
Lack of sufficient provocation on
the part of the part of the person
defending himself
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Kinds of Aggression

Lawful fulfillment of a duty or the

exercise of a right in a more or less
violent manner is an AGGRESSION.
Unlawful contemplated in Art. 11
that entitles a person to self-defense

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Examples of Lawful Aggression

The act of a chief of police who used

violence by throwing stones at the
accused when the latter was running away
from him to elude arrest for a crime
committed in his presence.
The act of a policeman who, after firing
five cautionary shots into the air, aimed
directly at the escaping detainee when he
had already reasons to fear that the latter
would be able to elude him and his
pursuing companions.
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Unlawful Aggression: Characteristics

An indispensable requisite For selfdefense to exist, unlawful aggression

must be present.
Must be unlawful

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Meaning of Unlawful Aggression

An assault or at least threatened

assault of an immediate and
imminent kind.
The peril to ones life, limb or right is
either actual or imminent.
Actual physical assault upon a
person, or at least a threat to inflict
real injury.
Threat must be offensive and
positively
strong,
showing
the
wrongful intent to cause an injury.
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Rights Included in Self-Defense

Defense
Defense
Defense
Defense

of
of
of
of

right to chastity
right to honor
right to property
home

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Examples of Defense of Chastity

Embracing a woman, touching her

private parts and her breasts, and
throwing her to the ground for the
purpose of raping her in an
uninhibited place when it was
twilight, constitute an attack upon
her honor and, therefore, an unlawful
aggression.

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Placing of hand by a man on the

womans upper thigh is unlawful
aggression.

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Example of Defense of Property

Defense of property can be invoked

as a justifying circumstance only
when it is coupled with an attack on
the person of one entrusted with said
property.

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Example of Defense of Home

Violent entry to anothers house at

nighttime, by a person who is armed
with a bolo, and forcing his way into
the house, shows he was already and
looking for trouble, and the manner
of his entry constitutes an act of
aggression. The owner of the house
need not wait for a blow before
repelling the aggression, as that blow
may prove fatal.
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Meaning of Reasonable Necessity

to Prevent or Repel It.

It refers to the act of one defending

against unlawful aggression. The act
could be to PREVENT or to REPEL the
UNLAWFUL AGGRESSION.

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Means
Employed:
Reasonable

When

Nature and quality of the weapon

used by the aggressor,
His physical condition,
His character,
His size, and
Other circumstances, those of the
person defending himself, and
The place and occasion of the
assault.
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Reasonable
Interpreted

Necessity.How

Liberally construed in favor of lawabiding citizens Applicable when a

lawless person attacks on the streets
or particularly in the victims home.
One defending himself is a policeman
A police officer is not required to
afford a person attacking him, the
opportunity for a fair and equal
struggle. Reason: He is duty-bound to
OVERCOME his opponent.
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Lack of Sufficient Provocation of

One Defending Himself
The one defending himself must not
have given cause for the aggression by
his unjust conduct or by inciting or
provoking the assailant.

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When Present

When no provocation at all was given

to the aggressor by the person
defending himself; or
When, even if a provocation was
given, it was not sufficient; or
When, even if the provocation was
sufficient, it was not given by the
person defending himself;
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When, even if a provocation was

given by the person defending
himself, it was not proximate and
immediate to the act of aggression.

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Defense of Relatives (Art. 11, par. 2)

Spouse
Ascendants
Descendants
Legitimate,
natural
or
adopted
brothers and sisters, or relatives by
affinity in the same degrees.
Relatives by consanguinity within the
fourth civil degree.
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Requisites

Unlawful aggression
Reasonable necessity of the means
employed to prevent or repel it; and
In case the provocation was given by
the person attacked, the one making
a defense had no part therein.
NOTE: 1 & 2 requisites are the same
with self-defense.
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Examples of Defense of Relatives

The accused who hacked the

deceased at the base of his neck
when the latter was forcibly abusing
the formers wife.

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A challenged B to prove who of them

was the better man. When B picked
up a bolo and went after him, A took
to flight. The B pursued him and
upon overtaking him inflicted two
wounds. C, father of A, rushed to his
sons assistance and struck with a
cane the bolo from the hands of B. A
inflicted fatal wounds upon the B.
While the son was originally at fault
for giving provocation to B, yet the
father was justified in disarming the
B, having acted in lawful defense of
his son.
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Defense of Stranger (Art. 11, par. 3)

Unlawful aggression;
Reasonable necessity of the means
employed to prevent or repel it; and
The person defending be not induced
by revenge, resentment, or other evil
motive.

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Examples of Defense of Stranger

A was able to deprive B, a

constabulary lieutenant, of his pistol
during the fray. B ordered C, a
constabulary
soldier
under
his
command, to search A for the pistol.
When C was about to approach A to
search him, the latter stepped back
and shot at C who was able to avoid
the shot. When A was about to fire
again at C, D another constabulary
soldier, fired at A with his rifle which
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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.

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Avoidance of Greater Evil or Injury

(Art. 11, par. 4)
Requisites:
That the evil sought to be avoided
actually exists;
That the injury feared be greater
than that done to avoid it; and
That there be no other practical
and less harmful means of
preventing it.
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Examples of Avoidance

The accused (a woman) who was about to

be married to the offended party eloped
with another man, after the offended party
had made preparations for the wedding,
the Court holding that there was necessity
on the part of the accused avoiding a
loveless marriage with the offended party,
and that her refusal to marry him and her
eloping with the man whom she loved
were justified and did not amount to the
crime of slander by deed.
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A person was driving his car on a

narrow road with due diligence and
care when suddenly he saw a six by
six truck in front of his car. If he
would swerve his car to the left he
would fall into a precipice, or if he
would swerve it to the right he would
kill a passerby. He was forced to
choose between losing his life in the
precipice or sacrificing the life of the
innocent bystander. He chose the
latter, swerved his car to the right,
ran over and killed the passer-by.
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Fire breaks out in a cluster of nipa

houses, and in order to prevent its
spread to adjacent houses of strong
materials, the surrounding nipa
houses are pulled down.

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Fulfillment of Duty or Lawful

Exercise of Right or Office
Requisites:
That the accused acted in the
performance of a duty or in the
lawful exercise of a right or office;
That
the injury caused or the
offense
committed
be
the
necessary consequence of the due
performance of duty or the lawful
exercise of such right or office.
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Cases Study

People vs. Felipe Delima (46 Phil.

738)
Valcorza vs. People (30 SCRA 148150)

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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; and
That
the means used by the
subordinate to carry out said order
is lawful.
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Supreme Court Ruling

The subordinate is not liable for

carrying out an illegal order of his
superior, if he is not aware of the
ILLEGALITY of the order and he is
NOT NEGLIGENT.

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Exempting Circumstances (Art. 12)

Effect: NO CRIMINAL LIABILITY BUT

THERE IS CIVIL LIABILITY.
Burden of Proof: Existence of
exempting circumstance must be
proved by the DEFENDANT to the
satisfaction of the court.

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Types

Imbecility
Insanity
Minority
Accident
Irresistible force
Uncontrollable fear
Prevented by insuperable cause

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Imbecility (Art. 12, par. 1)

Has an IQ of 7 years old.

The intellectual deficiency is
permanent.
Exempt in all cases from criminal
liability.

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Insanity (Art. 12, par. 1)

To be exempting, the person must be

insane at the time of the commission
of the crime.
The insane person is not exempt if it
can be shown that he acted during a
lucid interval.
During lucid interval, the insane acts
with intelligence.
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Minority

The age of absolute irresponsibility

Child 15 years old or under at the
time of the commission of the
offense
The age of conditional responsibility
Child above 15 years old but under
18
years
old,
acting
without
discernment, at the time of the
commission of the offense.
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The age of full responsibility 18 or

over (adolescence) to 70 (maturity)
The age of mitigated responsibility
over 15 years old but under 18 years
old, acting with discernment, at the
time of the commission of the
offense; over 70 years of age.
Discernment the mental capacity of
a minor to fully appreciate the
consequences of his lawful act.
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Accident (Art. 12, par. 4)

Elements:
A person is performing a lawful act;
With due care;
He causes an injury to another by
mere accident;
Without fault or intention of
causing it.

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Meaning of Accident
An accident is something that
happens outside the sway of our will,
and although it comes about through
some act of our will, lies beyond the
bounds
of
humanly
foreseeable
consequences.
If the consequences are plainly
foreseeable, it will be a case of
negligence.
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Example
The accused, while hunting, saw wild
chickens and fired a shot. The slug, after
hitting a wild chicken, recoiled and struck
the tenant who was a relative of the
accused. The man who was injured died.
If life is taken by misfortune or accident
while the actor is in the performance of a
lawful act executed with due care and
without intention of doing harm, there is no
criminal liability.
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Irresistible Force (Art. 12, par. 5)

Elements:
That the compulsion is by means of
physical force.
That the physical force must be
irresistible.
That the physical force must come
from a third person.

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Example
In the case of U.S. vs. Caballeros, et.
al., 4 Phil. 350, it appears that Baculi,
one of the accused who was not a
member of the band which murdered
some American school-teachers, was
in a plantation gathering bananas.
Upon hearing the shooting, he ran.
However, Baculi was seen by the
leaders of the band who called him,
and striking him with the butts of their
guns, they compelled him to bury the
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Baculi was not criminally liable as

accessory for concealing the body of
the crime (Art. 19) of murder
committed by the band, because
Baculi acted under the compulsion of
an irresistible force.

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Uncontrollable Fear (Art. 12, par.6)

Elements:
That the threat which causes the
fear is of an evil greater than or at
least equal to, that which he is
required to commit.
That it promises an evil of such
gravity and imminence that the
ordinary
man
would
have
succumbed to it.
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Example
Liberato
Exaltacion
and
Buenaventura
Tanchinco
were
compelled under fear of death to
swear allegiance to the Katipunan
whose purpose was to overthrow the
government by force of arms.
In this case, the accused cannot be
held criminally liable for rebellion,
because they joined the rebels under
impulse of an uncontrollable fear of an
equal or greater injury.
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Prevented by Insuperable Cause

(Art. 12, par. 7)
Elements:
That an act is required by law to be
done;
That a person fails to perform such
act;
That his failure to perform such act
was due to some lawful or
insuperable cause.
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Example: Prevented by Some

Lawful Cause
A confessed to a Filipino priest that
he and several other persons were in
conspiracy against the Government.
Under Arts. 116, a Filipino citizen who
knows of such conspiracy must report
the same to the governor or fiscal of
the province where he resides.

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If the priest does not disclose and

make known the same to the proper
authority, he is exempt from criminal
liability, because under the law, the
priest cannot be compelled to reveal
any information which he came to
know by reason of the confession
made to him in his professional
capacity.
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Example: Prevented by Some

Insuperable Cause
A mother who at the time of
childbirth was overcome by severe
dizziness and extreme debility, and left
the child in a thicket where said child
died, is not liable for infanticide,
because it was physically impossible
for her to take home the child.
The severe dizziness and extreme
debility of the woman constitute an
insuperable cause.
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Absolutory Causes
They are those where the act
committed is a crime but for reasons
of public policy and sentiment there is
no penalty imposed.

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Art. 6. - The spontaneous desistance

of the person who commenced the
commission of a felony before he
could perform all the acts of
execution.

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Art. 20. - Accessories who are

exempt from criminal liability. - The
penalties prescribed for accessories
shall not be imposed upon those who
are such with respect to their
spouses, ascendants, descendants,
legitimate, natural, and adopted
brothers and sisters, or relatives by
affinity within the same degrees, with
the single exception of accessories
falling
with
the
provisions
of
paragraph 1 of the next preceding
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The provisions of paragraph 1 of Art.

19 read, as follows:
"By profiting themselves or assisting
the offenders to profit by the effects of
the crime."

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Art. 124, last paragraph. - The

commission of a crime, or violent
insanity or any other ailment
requiring
the
compulsory
confinement of the patient in a
hospital, shall be considered legal
grounds for the detention of any
person.

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Art. 247, pars. 1 and 2. - Death or

physical injuries inflicted under
exceptional circumstances. - Any
legally married person who, having
surprised his spouse in the act of
committing sexual intercourse with
another person, shall kill any of them
or both of them in the act or
immediately thereafter, or shall
inflict upon them any serious
physical injury, shall suffer the
penalty of destierro.
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If he shall inflict upon them physical

injuries of any other kind, he shall be
exempt from punishment.

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Art. 280, par. 3. - The provisions of

this article (on trespass to dwelling)
shall not be applicable to any person
who shall enter another's dwelling for
the purpose of preventing some
serious harm to himself, the occupants
of the dwelling or a third person, nor
shall it be applicable to any person
who shall enter a dwelling for the pur
pose of rendering some service to
humanity or justice, nor to anyone who
shall enter cafes, taverns, inns and
other public houses, while the same
are open.
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Art. 332. - Persons exempt from

criminal liability. - No criminal, but
only civil, liability shall result from
the commission of the crime of theft,
swindling or malicious mischief
committed or caused mutually by the
following persons:

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1.

2.

3.

Spouses,
ascendants
and
descendants, or relatives by
affinity in the same line;
The widowed spouse with respect
to the property which belonged to
the deceased spouse before the
same shall have passed into the
possession of another; and
Brothers and sisters and brothersin-law and sisters-inlaw, if living
together.
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Art. 344, par. 4. - In cases of

seduction,
abduction,
acts
of
lasciviousness
and
rape,
the
marriage of the offender with the
offended party shall extinguish the
criminal action or remit the penalty
already imposed upon him. The
provisions of this paragraph shall
also be applicable to the coprincipals,
accomplices
and
accessories after the fact of the
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Instigation & Entrapment

In instigation, the criminal plan or
design exists in the mind of the law
enforcer with whom the person
instigated cooperated so it is said that
the person instigated is acting only as
a mere instrument or tool of the law
enforcer in the performance of his
duties.

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On the other hand, in entrapment, a

criminal design is already in the mind
of the person entrapped. It did not
emanate from the mind of the law
enforcer entrapping him. Entrapment
involves only ways and means which
laid down or resorted to facilitate the
apprehension of the culprit.

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Complete Defenses in
Criminal Cases
1.

2.

3.

Any of the essential elements of the

crime charged is not proved by the
prosecution
and
the
elements
proved do not constitute any crime.
The act of the accused falls under
any of the justifying circumstances.
(Art. 11)
The case of the accused falls under
any of the exempting circumstances.
(Art. 12)
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4.

The case is covered by any of the

absolutory causes:
a. Spontaneous desistance during
attempted stage (Art. 6), and no
crime under another provision of the
Code or other penal law is
committed.
b. Light felony is only attempted or
frustrated, and is not against
persons or property. (Art. 7)
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c.

d.

e.

f.

The accessory is a relative of the

principal. (Art. 20)
Legal
grounds
for
arbitrary
detention. (Art. 124)
Legal grounds for trespass. (Art.
280)
The crime of theft, swindling or
malicious mischief is committed
against a relative. (Art. 332)
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g.

h.

i.

When only slight or less serious

physical injuries are inflicted by the
person who surprised his spouse or
daughter in the act of sexual
intercourse with another person.
(Art. 247)
Marriage of the offender with the
offended party when the crime
committed is rape, abduction,
seduction, or acts of lasciviousness.
(Art. 344)
Instigation.
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5.

6.
7.

Guilt of the accused not established

beyond reasonable doubt.
Prescription of crimes. (Art. 89)
Pardon by the offended party before
the institution of criminal action in
crime against chastity. (Art. 344)

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Mitigating Circumstances (Art. 13)

Mitigating circumstances are those
which, if present in the commission of
the crime, do not entirely free the
actor from criminal liability, but serve
only to reduce the penalty.

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Classes
of
Circumstances
1.

Mitigating

Ordinary
mitigating
those
enumerated in subsections 1 to 10
of Article 13.
Those mentioned in subsection 1
of Art. 13 are ordinary mitigating
circumstances, if Art. 69, for
instance, is not applicable.

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2.

Privileged mitigating
a. Penalty to be imposed upon a
person under eighteen years of age.
(Art. 68)
b. Penalty to be imposed when the
crime committed is not wholly
excusable. (Art. 69)
c. When there are two or more
mitigating circumstances and no
aggravating
circumstances
are
present. (Art. 64)
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Types of Mitigating Circumstances

(Art. 13)

Incomplete justifying or exempting

circumstances (par. 1)
Under 18 or over 70 years old (par.
2)
No intention to commit so grave a
wrong (par. 3)
Provocation or threat (par. 4)
Vindication of grave offense (par. 5)
Passion or obfuscation (par. 6)
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Surrender and confession of guilt

(par. 7)
Physical defect (par. 8)
Illness of the offender (par. 9)
Similar and analogous circumstances
(par. 10)

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Aggravating Circumstances (Art. 14)

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.

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Kinds
of
Circumstances

Aggravating

Generic Those that can generally

apply to all crimes.
Specific Those that apply only to
particular crimes.
Qualifying Those that change the
nature of the crime.
Inherent Those that must of
necessity
accompany
the
commission of the crime.
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Considered Generic

Dwelling,
Nighttime,
Recidivism
NOTE: In Art. 14, the following are
considered generic aggravating: nos.
1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14,
18, 19 & 20, except by means of
motor vehicles.
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Considered Specific

Ignominy in crimes against chastity

or cruelty and treachery in crimes
against persons.
NOTE: In Art. 14, the following are
considered specific aggravating: nos.
3, (except dwelling), 15, 16, 17 & 21.

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Considered Qualifying

Alevosia (treachery) or evident

premeditation qualifies the killing of
a person to murder.
NOTE: Art. 248 enumerates the
qualifying aggravating circumstances
which qualify the killing of person to
murder.

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Considered Inherent

Evident premeditation is inherent in

robbery, theft, estafa, adultery and
concubinage.

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NOTE: Only generic aggravating and

qualifying circumstances will have the
effect of increasing the penalty.

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Nature of Generic

If not offset by any mitigating

circumstances: increase penalty by
maximum period.
Need not be alleged in the
information to be considered by the
court.

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Nature of Qualifying

Change the nature of crime, e.g.

homicide to murder.
Must be alleged in the information to
be considered by court. Otherwise, it
shall only be considered GENERIC.

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Types
of
Aggravating
Circumstances (Art. 14)

Advantage taken of public position

(par. 1)
Contempt
or
insult
to
public
authorities (par. 2)
Disregard of rank, age, sex, or
dwelling of offended party (par. 3)
Abuse of confidence and obvious
ungratefulness (par. 4)
Palace and places of commission of
offense (par. 5)
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Nighttime, uninhabited or band (par.

6)
On
occasion
of
calamity
or
misfortune (par. 7)
Aid of armed men, etc. (par. 8)
Recidivist (par. 9)
Reiteracion or habituality (par. 10)
Price, reward or promise (par. 11)
By means of inundation, fire, etc.
(par. 12)
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Evident premeditation (par. 13)

Craft, fraud or disguise (par. 14)
Superior strength or means to
weaken defense (par. 15)
Treachery (par. 16)
Ignominy (par. 17)
Unlawful entry (par. 18)
Breaking wall (par. 19)
Aid of minor or by means of motor
vehicles (par. 20)
Those peculiar to certain offenses
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Recidivism
Who is a recidivist? 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
Revised Penal Code.

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Requisites of Recidivism

That the offender is on trial for an

offense;
That he was previously convicted by
final judgment of another crime;
That both the first and the second
offenses are embraced in the same
title of the Code; and
That the offender is convicted of the
new offense.
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Important Things to Remember in

Recidivism

Need
to
allege
recidivism
in
information, exception: accused does
not object or by his own admission in
his confession and on the witness
stand.
Pardon does not obliterate the fact
that the accused was a recidivist; but
amnesty extinguishes the penalty
and its effects.
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Reiteracion
Requisites:
That the accused is on trial for an
offense;
That he previously served sentence
for another offense to which the
law attaches an equal or greater
penalty, or for two or more crimes
to which it attaches lighter penalty
than that for the new offense; and
That
he is convicted of new
offense.
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Habitual Delinquency
There is habitual delinquency when
a person, within a period of ten years
from the date of his release or last
conviction of the crimes of serious or
less serious physical injuries, robbery,
theft, estafa or falsification, is found
guilty of any of said crimes a third time
or oftener. (Art. 62, last paragraph).

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Quasi-Recidivism
Any person who shall commit a
felony after having been convicted by
final judgment, before beginning to
serve such sentence, or while serving
the same, shall be punished by the
maximum period of the penalty
prescribed by law for the new felony.
(Art. 160)

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Aggravating Circumstances That

Would Qualify the Killing to Murder
1.

2.

Art. 248 enumerates the following:

With treachery, taking advantage of
superior strength, with the aid of
armed men, or employing means to
weaken the defense or of means or
persons to insure or afford impunity.
In consideration of a price, reward,
or promise.
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3.

By means of inundation, fire, poison,

explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
street car or locomotive, fall of an
airship, by means of motor vehicles,
or with the use of any other means
involving great waste and ruin.

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4.

On occasion of any of the calamities

enumerated
in
the
preceding
paragraph, or of an earthquake,
eruption of a volcano, destructive
cyclone, epidemic or other public
calamity.

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5.
6.

With evident premeditation.

With cruelty, by deliberately and
inhumanly
augmenting
the
suffering of the victim, or outraging
or scoffing at his person or corpse.

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Alternative Circumstances (Art. 15)

Those which must be taken into
consideration as AGGRAVATING or
MITIGATING according to the nature
and effects of the crime and the other
conditions attending its commission.

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Types of Alternative Circumstances

Relationship;
Intoxication; and
Degree of instruction and education
of the offender

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Relationship: When Considered

When the offended party is:
Spouse,
Ascendant,
Descendant,
Legitimate, natural, or adopted
brother or sister, or
Relative by affinity in the same
degree of the offender.
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Relationship: When Mitigating

Crimes against property, by analogy

to the provisions of Art. 332.
Less serious physical injuries or slight
physical injuries: If the offended
party is a relative of a lower degree
of the offender.
Trespass to dwelling

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Relationship: When Aggravating

Crimes against persons in cases

where the offended party is a relative
of a HIGHER DEGREE than the
offender, or when the offender and
the offended party are relatives of
the same level, as killing a brother, a
brother-in-law, a half-brother, or
adopted brother.
EXCEPT: In any of the serious
physical injuries even if the offended
party is a descendant of the offender.
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Serious
physical
injuries
is
committed by the offender against
his child, whether legitimate, or any
of his legitimate other descendants,
relationship is aggravating. NOTE:
Serious physical must not be inflicted
by a parent upon his child by
excessive chastisement.

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Less serious physical injuries or slight

physical injuries: The offended party
is a relative of a higher degree of the
ofender.
Homicide or murder
Crimes against chastity
NOTE:
Relationship
is
neither
mitigating nor aggravating, when
relationship is an element of the
offense.
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Intoxication:
Aggravating

Mitigating

or

Mitigating if the intoxication is not

habitual, or if intoxication is not
subsequent to the plan to commit a
felony.
Aggravating if intoxication is
habitual, or if it is intentional
subsequent to the plan to commit a
felony.
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Degree of Instruction
Education of the Offender

and

Low degree of instruction and

education or lack of it is generally
mitigating. High degree of instruction
and education is aggravating, when
the offender avails himself of his
learning in committing the crime.

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PERSONS CRIMINALLY
LIABLE FOR FELONIES

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Who Are Criminally Liable (Art. 6)

Principals
Accomplices
accessories

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Criminally Liable for Light Felonies

Principals
Accomplices

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Rules Relative to Light Felonies:

Light felonies are punishable only

when they have been consummated.
(Art. 7)
But
when
light
felonies
are
committed
against
persons
or
property, they are punishable even if
they are only in the attempted or
frustrated stage of execution. (Art. 7)
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Only principals and accomplices are

liable for light felonies. (Art. 16)
Accessories are not liable for light
felonies, even if they are committed
against persons or property. (Art. 16)

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Principals (Art. 17)

Principal by DIRECT PARTICIPATION Those

who take a direct part in the execution of
the act;
Principal by INDUCEMENT Those who
directly force or induce others to commit
it.
Principal
by
INDESPENSABLE
COOPERATION Those who cooperate in
the in the commission of the offense by
another act without which it would not
have been accomplished.
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Accomplices (Art. 18)

Persons who, not being included in
Art. 17, cooperate in the execution of
the
offense
by
previous
or
simultaneous acts.

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Requisites for a Person to Be

Considered an Accomplice

That there be community of design;

that is, knowing the criminal design
of
the
principal
by
direct
participation, he concurs with the
latter in his purpose;
That he cooperates in the execution
of the offense by previous or
simultaneous acts, with the intention
of supplying material or moral aid in
the execution of the crime an
efficacious way; and
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That there be a relation between the

acts done by the principal and those
attributed to the person charged as
accomplice.

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Accessories (Art. 19)

An accessory does not participate in
the criminal design, nor cooperate in
the commission of the felony, but, with
knowledge of the commission of the
crime, he subsequently takes part in
three ways:

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By profiting from the effects of the

crime;
By concealing the body, effects or
instruments of the crime in order to
prevent its discovery; and
By assisting in the escape or
concealment of the principal of the
crime, provided he acts with abuse of
his public functions or the principal is
guilty of treason, parricide, murder,
or an attempt to take the life of the
Chief Executive, or is known to be
habitually guilty of some other crime.
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Heavy Penalties for Accessories in

Robbery and Theft
Those who profit from the effects of
the crime of ROBBERY and THEFT are
themselves principals in the crime
punished in Presidential Decree No.
1612, otherwise known as AntiFencing Law.

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Accessories Who Are Exempt

from Criminal Liability (Art. 20)
The
penalties
prescribed
for
accessories shall not be imposed upon
those who are such with respect to
their
spouses,
ascendants,
descendants, legitimate, natural, and
adopted brothers and sisters, or
relatives by affinity within the same
degrees, with the single exception of
accessories
falling
within
the
provisions of paragraph 1 of the next
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