FINALS NOTES (CRIMLAW REVI)

INHERENT- necessarily accompanied included in the definition of offenses/crimes in themselves

- May not be appreciated to be aggravated

Trespass to dwelling- dwelling is inherent

Robbery with use of force

Evident premeditation:-rape-robbery-theft-swindling

SPECIFIC- only in certain set/s of crimeEx: cruelty- against personsDisregard of respect: rank, age, sexIgnominy- specific aggravating

- Crimes against chastity

Treachery- specific aggravating- Against persons (gen. rule)- Robbery with homicide- crimes against property (Escoto

case)- Treachery may be appreciated although it essentially a

crime against property- Constituent on the crime of robbery not homicide!- (people v. ancheta)

GENERIC QUALIFYINGAppreciated in ALL crimes

Only in CERTAIN crimes

SPECIAL AGGRAVATING (arise in special conditions)Ex: 1. Quasi-recidivism2. complex crimes (do not agree)

Art. 14 is crafted to make the life of the accused miserable because of his perversity

-people v. palaganas

Complex crime multiple murder qualified by means of explosion

1 penalty- reclusion perpetua more/most serious offense

1. not found under art. 141. special penal laws2. other provisions of the Code

1st pr. – a special aggravating circumstance

1. unlicensed firearm2. under a dangerous drug (art. 9165 sec. 25)

2nd par. – 1. in the presence2. offender knows that the person is a person in authority3. person in authority is not the victim

People v. tac-an- a teacher is not s person in authority only of he is a victim of direct assault

3rd p. 4 aggravating circumstances1. age

2.rank3.sex4.dwelling

Crimes against:1. persons2. honorAgeSex RankIn itself is not aggravating

When is it appreciated?-there must be a GREAT GAP/DISCREPANCY between the age of the offender and offended party-deliberately offended the age of the party

RAPE- crime against person- Age is an element (under 7 yrs., under 18 yrs- the

offender is an ascendant/relative); it is inherent in rapeSex- only if the offended party is a WOMAN-not appreciated in parricide-must occupy a position higher than the offender (offender must be a subordinate of the offended party)

DWELLING-fortuna case-tanio case

ABUSE OF CONFIDENCE- qualifying in theft

Par. 5- place where the crime is committed, place where the victim is discharging his duties

- Public authority may be a victim

- Offender has already in mind the commission of the crime

Par. 6- not in themselves aggravatingUNLESS: 1. offender has taken advantage2. OR offender has specially sought for any of the circumstances3. OR if any of the circumstances facilitated the commission of the crime

BAND- group of persons at least 4 who are armed-malefactors

UNINHABITED PLACE- not literally- Theoffended may not have receive reasonable aid or

assistance

NIGHT TIME (NOCTURNITY)- Between dusk til dawn (6pm-6am) AND under the cover

of darkness- Kahit may solar eclipse

Par. 7- qualifying in murder: (catastrophes)-conflagration-shipwreck-earthquake-epidemic

TIME when the crime was committedBecause instead of helping or assisting ‘pansasamantala”

Par. 9 & 10- Recidivism- Interracion- Habitual delinquent

- Quasi recidivistOn trial for a new crime previously committed by final judgment of another crime embraced in the RPC (1st crime, 2nd crime)-kahit 80 years ago, both are crimes against persons

Treason- against national securityRebellion- against public order

Must be embraced within the SAME TITLE of the Code

REITERRACION- 2 or more crimes with a light penalty

RECIDIVISM REITERRACIONEnough if previously convicted

Not enough if previously convicted

- Must previously served in sentence

1st & 2nd must be embraced under the same title

1st & 2nd need not be embraced under the same Code

Always an aggravating circumstance

Appreciation is discretionary on the part of the trial judge

Par. 11PRICE. PROMISE, REWARD

- One who has offered PPR as a consideration against whom? BOTH: nagbigay at tumangggap

FIRE, EXPLOSION, POISON

INUNDATION- to “drown” not to choke

If died, those who conspired will be liable for murder qualified by inundation

EXPLOSION- ex. Pillbox (basta pumutok)

Atomic bomb- artifice that involve great waste and ruin

People v. comadre- illegally possessed

People v. malngan- PD 16130 new arson law: liable even if the person is killed

EVIDENT PREMEDITATION- Pagpaplano- Inherent in rape- May be appreciated in all crimes- Qualified in murder- Most difficult to prove

Elements:1. time when the offender conceived the plan to commit the crime (no testigo)2. manifestly indicating3. lapse of time- between the conceived plan (difficult to prove) and actual execution- to fully reflect-not appreciated if the victim is not the intended victim

Proving elements may be dispensed with; express conspiracy

TREACHERY- must deliberately adopted the means of the attack-casual-by chance- accidental-fortuitousThere must be preparation, not spur of the moment crimes

Abuse of superior strength is absorbed in treachery (absolute rule)

KEY WORDS: “DELIBERATE, CONSCIOUSLY ADOPTED THE MEANS OF ATTACK”

ART. 14That:

- Craft- Fraud- Disguise

(reference to the means employed)

CRAFT- involves INTELLECTUAL TRICKERY & CUNNING on the part of the accused; not aggravating IF: IT PARTAKES OF AN ELEMENT OF AN OFFENSE

FRAUD- insidious wirds or mavhinations used to induce the victim to act in a manner which would enable the offender to carry out his design

FRAUD CRAFTThere is direct inducement by insidious words or machinations

Not to arouse suspicion f the victim

DISGUISE- resorting to any device to conceal identity- Superficial but comewhat effective dissembling to avoid

identification

Art. 17IGNOMINY- circumstance pertaining to moral order which adds disgrace and obloquy to material injury cause by the crime

-reference to the MEANS EMPLOYEDApplicable to:1. crimes against chastity2. less serious physical injuries3. light/grave coercion4. murder- must tend to make the effects of the crime more humiliating or to put the offended party to shame adding to his/her moral suffering

Art. 18UNLAWFUL ENTRY- entrance is effected by a way not intended for that purposeReference: means and ways employed-opening not intended for purpose

Art. 19WALL, ROOF, DOOR. FLOOR, WINDOW- be broken-reference: ways and means employed

Art. 201. aid of persons under 15 yrs old2. by means of motor vehicles, airships, or other similar means ( as a quick means)

Art. 21CRUELTY1. injury caused be deliberately increased by causing other wrong2. other wrong be unnecessary for the execution of the purpose of the offender-the culprit for his pleasure and satisfaction caused the victim to suffer slowly and gradually inflicted on him unnecessary moral and physical pain-culprit had a deliberate intention to prolong the suffering of the victim

-refers to physical suffering-cannot be presumed-no.of wounds alone does not show cruelty

IGNOMINY CRUELTYMoral suffering Physical suffering

BY MEANS OF MOTOR VEHICLE- To commit and facilitate its commisiion- Going to (regardless of crime)- aggravating

circumstance

MALLARI

ENGUITO

ALTERNATIVE CRICUMSTANCES-those taken into consideration1. mitigating- generic mitigatingEX. Rape the GF of the former GF (not intentional, not subsequent) – una inom bago plano

2. aggravating (susceptible of being offset); generic or ordinary (may be offset by mitigating)Ex. A habitual drinker (even if the intoxication is not intentional)

1. INTOXICATIO N- state of mind who has taken/drunk excessive quantity; not the mental state under an influence of a dangerous drug

INTENTIONAL INTOXICATION:Plano (una) bago crime (subsequent to commit the crime)

RA 9165- always aggravating- No! wrong designation

1. necessarily construed as an amendment to the RPC2. or each and every killing will be considered as murder

When is intoxication mitigating?- If NOT HABITUAL AND NOT INTENTIONAL- not

subsequent to the plan to commit the crime

When intox…1. if it is habitual, habitual drinker2. OR intentional (intoxication done subsequent to the crime); intoxicated one’s self before the commission of the crime

Relationship- always aggravating in crimes against chastity (irregardless of age) inherent in:1. parricide2. qualified seduction (offender is a domestic)

Mitigating in crimes against property (Art. 332)

Art. 332-only civil liability and not criminal liability (exempted)1. theft2. malicious mischief3. swindling-a civil case for sum of money

Mitigating circumstance if the child committed it against his father- robbery against homicide (crime against property)

1. determine the crime committedRelative against another: persons

1. less serious physical injuries- aggravating! Unless it is an element in the crime

Slight physical injuries- aggravating! Offender is a lower degree; mitigating- offender is a higher degree

DEGREE OF INSTRUCTION OR EDUCATION-in itself cannot be taken into consideration

Illiterate- may avail the mitigating circumstance ; no read no write, cannot sign

If unschooled: then NOT mitigating! Even if the ff. are committed:1. robbery2. theft3. murder4. homicide5. rape

When aggravating?- offender used the knowledge and skill he acquired

Lawyer committing (aggravating!)1. estafa2. plunder

PARTIES:1. ACTIVE subject- accused. Suspect, criminals- only persons. NOT juridical entities2. PASSIVE subject- victim, offended party- juridical entities may be victims especially in “libel”

Art. 17- PRINCIPALS- to suffer the penalty prescribed by law

Art. 18- ACCOMPLICE- next lower in degree than that prescribed by law to the principal without discrimination to ISLArt. 19- ACCOMPLICE*if 2 or more persons who would be convicted of the crime, the dispositive portion must state the specific or respective participation, to determine properly the penalty

3 INDS OF PRINCIPALS1. BY DIRECT PARTICIPATION2. BY INDUCEMENT3. INDISPENSABLE COOPERATION

What element is common to the 3 kinds of principals?-that the offender must have taken into criminal resolutionAnterior conspiracy- a conspirator!

Did not took part in the conspiracy- not a principal!

If only 1 offender- always a PRINCIPAL

PRINCIPAL BY DIRECT PARTICIPATION (offenders are more than 2)1. taken part in the criminal resolution2. offender must have carried out the plan, taken part in the execution by acts which tended to the same end directly

ACCESSORIES: did not participate- Must not have known of the criminal plan much less

have learned- Must come to know of the crime after its commission

and that you can either habor, conceal or destroyed the body or profited or assisted the offender to profit

PRINCIPAL BY INDUCEMENT-must have participated

-included another to commit a crime1. through force, violence2. offered a prize or reward3. used words of command to convince or compel another

The ff. must CONCUR: that the inducement:1.was directly with intention of procuring the crime2. was the determining cause by the material executor with personal reasons (even without prize or reward)

WORDS OF COMMAND1. offender must have the intention of procuring the crime2. that the inducer must have the moral ascendancy or influence to induce3. words uttered are so powerful, efficacious, direct so as to amount to inducement4. must not be uttered prior to the commission5. person induced must have no personal reason

Peo v. yanson-dumancas2 WAYS OF DIRECTLY FORCING ANOTEHR TO COMMIT A CRIME1. by using irresistible force2. causing uncontrollable fear

2 WAYS OF DIRECTLY INDUCING ANOTHER TO COMMIT A CRIME1. by giving a price or offering reward or promise2. by using words of command

PRINCIPAL BY INDISPENSABLE COOPERATION-without which the crime would not have been accomplished1. participation in the criminal resolution- anterior conspiracy/unity of criminal purpose- intention before the commission of the crime- concurrence with the principal by direct participation is sufficient

2. cooperation-by performing another act without which it would not have been accomplished

ACCOMPLICE- participation is not indispensable

COLLECTIVE CRIMINAL RESPONSIBILITY- Criminally liable in the same manner and to the same

extent penalty imposed is the same for all

INDIVIDUAL CRIMINAL RESPONSIBILITY- Absence of:- 1. Previous conspiracy- 2. Unity of criminal purpose- 3. Intention immediately BEFORE the crime- Liable only for the act committed by him

ACCOMPLICE-cooperate in the execution of the offense by previous or simultaneous acts- concurrence of the will of the accomplice with the will of the author of the crime

In case of doubt: the participation of an offender is that of an ACCOMPLICE (not clear cut distinction between the acts of accomplice and those of principals by direct participation)

-If participation is not disclosed-does not have previous agreement or understanding with the principal by direct participation-not in conspiracy with principals by direct participation (only participates in certain point)-penalty: 1 DEGREE LOWER than that providef for PDP

-liable even if the crime is different from that which the principal committed- “QUASI-COLLECTIVE CRIMINAL RESPONSIBILITY”

- some offenders are principal, others are accomplices

People v. Garcia

CONSPIRATOR ACCOMPLICEKnow and agree with the criminal designKnow the criminal intention because they themselves decided upon such course of action

Come to know about it after the principals have acted the decision and only then they agree to cooperate in its execution

Decides that a crime should be committed

Merely concur in it

Authors of the crime Do not decide whether a crime should be committed; merely assent to the plan and cooperate in its accomplishment; Merely instruments who perform acts not essential to the perpetration of the crime

ACCESSORIES-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 takes part in 3 ways:1. profiting from the effects of the crime2. by concealing the body, effects, or instruments of the crime in order to prevent its discovery3. by assisting in the escape or concealment of the principal of the crime

-responsibility of the accessories is subsequent to the consummation of the crime and subordinate to that of the principal

REQUISITES (ACCOMPLICE)1. thre be a community of design2. cooperate in the execution by previous or simultaneous acts with intention of supplying material or moral aid in the execution of the crime in an efficacious way3. relation between the acts done by the principal and accomplice4. cooperation is only necessary not indispensable5. wounds inflicted are not mortal wounds- a. did not actually contribute to deathb. not of a character that would result in the death

under art. 19- operative act, accessories act provided he is not burdened in the conspiracy

FORMS OF MORAL AID1. advice2. encouragement3. agreement

ACCOMPLICE ACQUIRES KNOWLEDGE OF THE CRIMINAL DESIGN1. principal tells or informs the accomplice of the former’s criminal purpose2. accomplice saw the criminal acts of principal

COMMUNITY OF DESIGN- Need not be the crime actually committed- Sufficient if there was a common purpose to commit

the crime and the crime actually committed was a natural and probable consequence of the intended crime

Ex: 1 bottle of san mig pale pilsen- for the last 50 yrs-NOT A HABITUAL DRINKER

If everyday for the last 60 mos.- HABITUAL DRINKER

ACCESSORIES

-have a knowledge of the commission of the crime (crime committed by P is proved without reasonable doubt); took part subsequent to its commission-did not participate in its commission

Even if the P is unknown:1. profiting themselves or assist the offender to profit by the effects of the crime (provided it is not a light felony)- must take the consent of P2. concealing or destroying the body of the crime or effects/instruments, in order to prevent its discovery3. harbouring, concealing, assisting the escape of the principal, accessory acts with abuse of his public functions Guilty of:TREASONPARRICIDEMURDERATTEMPT TO TAKE THE LIFE OF CHIEF EXECUTIVE

KNOWN TO HABITUALLY GUILTY OF SOME OTHER CRIMEResponsibility- subordinate to that of P- distinct from each other

Participation- subsequent to the commission of the crime; guilt is directly related to P

Effects of the crime- ex. Ransom

PRINICIPAL IS NIOT LIABLE BEC OF AN EXEMPTING CIRCUMSTANCE:1. insanity2. minorityHence, conviction of accessory is possible even if P is acquitted due to the aforementioned circumstance

1. requisites prescribed by law for the existence of the crime are present2. someon committed it

If aware of the criminal plan

No accessory in the crime of light felony (art. 16 is the express provision) Accessory- 2 degrees lower

2 KINDS OF ACCESSORIES:1. public officer2. private individuals- liable even if the crime is not one of those enumeratedEx. Rape- concealing or assisting the P who is habitually guilty of some other crimes

PRINICIPAL BY INDISPENSABLE COOPERATION

ACCESSORIES

- Participated in the - Must not have taken

criminal resolution- Anterior conspiracy

part in the criminal resolution

- Required: COMMUNITY OF DESIGN with the principals (offender must have known the criminal plan and concurred and do acts in pursuit of the plan

- Know and concurred with the plan, then an accomplice

- Indispensable acts - Necessary acts- (participation may

or may not be indispensable)

PRINCIPAL ACCESSORIESParticipated in the criminal resolution

One who has done acts under art. 15 and who is not aware or participated in the commission; came to know only after it was committed

ACCOMPLICE ACCESSORIESPerformed acts previous or simultaneous with the conviction of the crime

Acts after the commission of the crimeeven if not aware, as long as he did any of the acts under art. 19 (liable only if aware of the plan)

known of the criminal design prior to the commission is not an accessory (bec. Must not be aware of the criminal plan only after commision

Par. 2- BODY OF THE CRIME (fact of the commission of the crime)- Not referring to the corpse of the victim in homicide

case- In robber or theft, the loot is the corpus delicti- (impossible to prove)- XPN: “drugs”

ART. 20 ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY:1. spouse2. ascendants3. descendants4. brothers and sisters5. relatives by affinity with the same degree

Reason:1, ties of blood are more compelling than call of duty2. preservation of the cleanliness of one’s name

XPN1. nephews2. uncles

Acts are not prompted by affection by but DETESTABLE GREED:3. accessories profited by the effects of the crime4. assisting the offender to profit by the effects of the crime

ANTI-FENCING LAW

1. robbery or theft has been committed2. accused, who is not a principal or accomplice in the commission of the crime of robbery and theft, usurps, receives, posseses, keeps acquires, conceals, sells, or disposes or buys and sells or in any manner deals in any article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft3. the accused knew or should have known that the said article, item, or object or anything

ART. 23

ART. 25

ART. 29

ART. 36

ART. 37

ART. 39 (subsidiary imprisonment: highest minimum wage)

Robbery and theft- no longer accessories! (under par. 1 art. 19 2 and 3- there is still an accessory in the crime of robbery or theft

CORPUS DELICTI- there must be an attempt to hide the body of the crime

One who merely kept silent with regard to the crime he witnessed is not an accessory

Liability is SUBORDINATE to the principal because participation of an accessory is subsequent and his guilt is directly related to that of the principal & SUBSEQUENT

1. not proven in the prosecution instituted2. do not constitute a crime

Not necessary that the P be convicted of the crime charged

The corresponding responsibility of P, Accom, Access are distinct from each otherXPN: 1.if P is not held criminally liable, because of an exempting circumstance2. the principal is unknown or at large3. the requisites prescribed by law for the existence of the crime are present and that someone committed it4. commission of the offense can be duly established in evidence5. a. commission of the crimeb. responsibility of the accused as an accessory is established in a full dressed trial