memory aid - book i

7/29/2019 Memory Aid - Book I

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SAN BEDA COLLEGE OF LAW, 2000-2001

MEMORY AID in CRIMINAL LAWAny form of reproduction of this copy is strictly prohibited!!!

1CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; PaulLaguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, MitchMunoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.

MEMORY AID IN

CRIMINAL LAWBOOK ONE

CRIMINAL LAW The branch ordivision of law which defines crimes, treatsof their nature and provides for thepunishment.

LIMITATIONS ON THE POWER OFCONGRESS TO ENACT PENAL

LAWS1. must not violate the equal protection clause

of the Constitution.2. must not partake the nature of an ex post

facto law.3. must not partake of the nature of a bill of

attainder.4. must not impose cruel and unusual

punishment nor excessive fines.

CHARACTERISTICS OF CRIMINALLAW

1. GENERAL, in that criminal law is binding onall persons who live or sojourn in Philippineterritory (Art. 14, New Civil Code.).EXCEPTIONS:a. Those who are exempted by treaty

stipulations.b. Those who are exempted by laws of

preferential applicationc. Those who are exempted by virtue of

the principles of public internal law (suchas sovereigns and other chiefs of state,ambassadors, ministers plenipotentiary,ministers resident, and their chargesdaffaires. But consuls, vice-consulsand other commercial representatives offoreign nations do not possess thestatus of, and cannot claim the sameprivileges and immunities accorded toambassadors and ministers (Wheaton,International Law).

2. TERRITORIAL, in that criminal laws of thePhilippines, as a rule, are enforceable onlywithin its territory.EXCEPTION:a. Those provided under Art. 2 of the

Revised Penal Code.

3. PROSPECTIVE, in that a penal law cannotmake an act punishable in a manner inwhich it was not punishable whencommitted. As provided in Article 366 of theRevised penal Code, crimes are punishedunder the laws in force at the time of their

commission.

EXCEPTION:a. When a new statute dealing with the

crime established conditions morelenient or favorable to the accused, itcan be given a retroactive effect.

BUT THIS EXCEPTION HAS NOAPPLICATION WHEN:

a. the new law is expressly madeinapplicable to pending actions orexisting causes ofactions.

b. the offender is a habitual criminal.

EFFECTS OF REPEAL OF PENALLAW

1. If the repeal makes the penalty lighter in thenew law, the new law shall be applied.Except when the offender is a habitualdelinquent, or when the new law is madeinapplicable to pending actions or existingcauses of action.

2. If the new law imposes a heavier penalty,the law in force at the time of thecommission of the offense shall be applied.

3. If the new law totally repeals the existing lawso that the act which was penalized under

the old law is no longer punishable, thecrime is obliterated.

ART. I. TIME WHEN THE ACT TAKESEFFECT.

TWO SCHOOLS OF THOUGHT INCRIMINAL LAW

1. Classical - the basis of criminal liability ishuman free will, and the purpose of thepenalty is retribution.

2. Positivists- man is subdued by a strangeand morbid phenomenon which constrainshim to do wrong, in spite of or contrary to hisown volition; crimes are penalized distinctlyin each particular case.

ART. 2. APPLICATION OF ITSPROVISIONS

This article is an exception to the principle ofGenerality of penal laws.

VESSELS1. A Philippine vessel or aircraft must be

understood as that which is registered in thePhilippine Bureau of Customs.

2. Disorders which disturb only the peace ofthe ship or those on board are to be dealtwith exclusively by the sovereignty of the


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home of the ship, but those which disturbthe public peace may be suppressed, and, ifneed be, the offenders punished by theproper authorities of the local jurisdiction.

3. In case vessels are in the ports or territorialwaters of a foreign country, a distinctionmust be made between the merchant shipsand warships. The former are more or lesssubjected to the territorial laws. Warshipsare always reputed to be the territory of thecountry to which they belong and cannot besubjected to the laws of another state.

ART. 3. FELONIES

GENERAL ELEMENTS OF FELONIES:1. That there must be an act or omission. But

only external acts are punishable, internalacts are beyond the sphere of penal laws.

2. That the act or omission must be punishableby the Revised Penal Code; the reasonbeing, nullum crimen, nulla poena sinelege- there is no crime when there is no lawpunishing it.

3. That the act is performed or the omissionincurred by means of dolo or culpa.

CLASSIFICATION OF FELONIES

ACCORDING TO THE MEANS BY WHICHTHEY ARE COMMITTED

1. Intentional felonies- the act is performedwith deliberate intent or malice. Theoffender, in performing the act or inincurring the omission, has the intention tocause an injury to another.REQUISITES OF DOLO OR MALICE:1. FREEDOM;2. INTELLIGENCE;3. INTENT while doing the act or omitting

to do the act. Criminal intent ispresumed from the commission of an

unlawful act.

2. Culpable felonies- the act or omission ofthe offender is not malicious. The injurycaused by the offender to another person isunintentional, it being simply the incidentof another act performed without malice.REQUISITES OF CULPA:Criminal intent is replaced by negligenceand imprudence in felonies committed bymeans of culpa. Such negligence orindifference to duty or to consequence is, inlaw, equivalent to criminal intent. Hence, it

is still consistent with the rule that: a crimeis not committed, if the mind of the personperforming the act complained of beinnocent.REASON FOR PUNISHING ACTS OFNEGLIGENCE:A man must use common sense, and

exercise due reflection in all his acts; it ishis duty to be cautious, careful andprudent, if not from instinct, then throughfear of incurring punishment.

3. Mala Prohibita- this is the third class ofcrimes specifically punishable by SPECIALLAWS, and where criminal intent (orcriminal negligence) is not, as a rule,necessary--- it being sufficient that theoffender has the intent to perpetrate the actprohibited by the special law. When the doing of an act is prohibited

by a special law, the act is injurious topublic welfare and the doing of theprohibited act is the crime itself. The

act alone, irrespective of its motives,constitutes the offense, and so goodfaith is not a defense.

However, when the act penalizedunder the Special Law is inherentlywrong, good faith and lack of criminalintent are valid defenses.

MALA IN SE AND MALA PROHIBITA1. Malum in Se (bad per se) violation of the

RPC2. Malum Prohibitum violation of special

penal laws

DISTINCTIONS(CODE: G-CAMP)

Malum in se Malum prohibitum1. Criminal liability is

based on theMORAL TRAIT ofthe offender, thatis why liabilitywould only arisewhen there is doloor culpa in thecommission of the

punishable act.

1. The moral trait ofthe offender isNOT considered, itis enough that theprohibited act bevoluntarily done.

2. GOOD FAITH orlack of criminalintent is a validdefense, unlessthe crime is theresult of culpa.

2. Good faith is NOTa defense.

3. The degree ofACCOMPLISHMENT of the crime istaken into account

in punishing theoffender. Thus,there areattempted,frustrated andconsummatedstages in the

3. The act gives riseto a crime onlywhen it isconsummated.

There are NOattempted orfrustrated stages.


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Malum in se Malum prohibitumcommission of the

crime.

4. Penalty may varydepending on thepresence orabsence ofCIRCUMSTANCES.

4. Mitigating andaggravatingcircumstances areNOT taken intoaccount inimposing thepenalty.

5. Where there aremore than oneoffender, thedegree ofPARTICIPATIONof each in thecommission of thecrime is taken intoaccount inimposing thepenalty. Thusoffenders areclassifiedprincipals,accomplices andaccessories.

5. The degree ofparticipation of anyoffender is NOTconsidered. Allthose whoperpetrated theprohibited act arepenalized to thesame extent.There is noprincipal oraccomplice oraccessory toconsider.

DISTINCTIONS

INTENT MOTIVE

1. purpose to useparticular means toeffect such result

1. moving power whichimpels one to act

2. element of thecrime, except inmalum prohibita

2. NOT an element ofthe crime

3. essential inintentional felonies

3. essential only whenthe identity of theperpetrator is in doubt

ART. 4. CRIMINAL LIABILITY

One who commits an intentional felony isresponsible for all the consequences which maynaturally and logically result therefrom, whetherforeseen, intended or not.

REQUISITES FOR CRIMINAL LIABILITY FORA FELONY, DIFFERENT FROM THAT

INTENDED TO BE COMMITTED (ART. 4,PAR.1):

1. That an Intentional felony has beencommitted; and

2. That the wrong done to the aggrieved partybe the direct, natural and logicalconsequence of the felony committed by theoffender (Proximate cause).

PROXIMATE CAUSE -the cause, which, in

natural and continuous sequence, unbroken byany efficient intervening cause, produces theinjury, and without which the result would nothave occurred.

One is NOT relieved from criminal liability forthe natural consequences of ones illegal actsmerely because one does not intend to producesuch consequences, as long as the felonycommitted was the proximate cause.

CAUSES WHICH MAY PRODUCE ARESULT DIFFERENT FROM THAT

INTENDED1. Error in personae- mistake in the identity of

the victim2. Aberratio ictus- mistake in the blow3. Praeter intentionem- the injurious result is

different from that intended

MISTAKE OF FACT AS A DEFENSEREQUISITES:

1. the act done would have been lawful had thefacts been as accused believed them to be

2. the intention of the accused in doing the actwas lawful

3. the mistake was without fault orcarelessness on the part of the accused

REQUISITES FOR AN IMPOSSIBLE CRIME(ART. 4, PAR. 2):

1. That the act performed would be an offenseagainst persons or property

2. That the act was done with evil intent3. That its accomplishment is inherently

impossible, OR that the means employed iseither inadequate or ineffectual.

4. That the act performed should not constitutea violation of another provision of theRevised Penal Code.

The purpose of the law in punishing impossiblecrime is to teach the offender a lesson for hiscriminal perversity.

There is no such thing as an attempted orfrustrated impossible crime.

ART. 6. CONSUMMATED,FRUSTRATED,

AND ATTEMPTED FELONIES

STAGES OF OFFENSES1. CONSUMMATED FELONY - A felony is

consummated when all the elementsnecessary for its execution andaccomplishment are present.

Every crime has its own elements, whichmust all be present to constitute a culpable


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violation of a precept of law.

2. FRUSTRATED FELONY - It is frustratedwhen the offender performs all the acts ofexecution which would produce the felonyas a consequence, but which neverthelessdo not produce it, by reason of causesindependent of the will of the perpetrator.

ELEMENTS:(CODE: APNI)1. The offender performs all the acts of

execution2. All the acts performed would produce

the felony as a consequence3. But the felony is not produced

4. By reason of causes independent of thewillof the perpetrator

The belief of the accused is NOTconsidered. What should be consideredis whether all the acts of executionperformed by the offender wouldproduce the felony as a consequence.

3. ATTEMPTED FELONY - There is anattempt when the offender commences thecommission of a felony directly by overtacts, and does not perform all the acts of

execution which should produce the felony,by reason of some cause or accident otherthan his own spontaneous desistance.

ELEMENTS:(Code

1: C-A-OA)

1. The offender commences thecommission of the felony directly byovert acts

2. He does not perform all the acts ofexecution which should produce thefelony

3. The offenders act be not stopped by hisown spontaneous desistance;

4. The non-performance of all acts ofexecution was due to cause oraccidentother than his own spontaneousdesistance.

OVERT ACTS: Some physical activity ordeed, indicating intention to commit aparticular crime, more than a mere planningor preparation, which if carried to itscomplete termination following its naturalcourse, without being frustrated by externalobstacles, nor by voluntary desistance of theperpetrator will logically ripen into a concreteoffense.

INDETERMINATE OFFENSE : One where

1A dash (-) before a letter means NOT.

the purpose of the offender in performing anact is not certain.

Only offenders who personally executedthe commission of a crime can be guiltyof attempted felony. But one who takespart only in the planning of a criminalact, but desists in its actual commission,is as a rule exempt from criminal liability.

TWO STAGES IN THE DEVELOPMENT OF ACRIME:1. Internal acts, such as mere ideas in the

mind of a person, are not punishable even ifthey would constitute a crime, had they beencarried out.

2. External acts cover a) preparatory acts andb) acts of execution.a. Preparatory acts are ordinarily not

punishable. But preparatory acts,considered by law as independentcrimes, are punishable. An example isthe possession of picklocks under Art.304, RPC, which is a preparatory act tothe commission of robbery.

b. Acts of execution are punishable underthe Revised Penal Code.

FACTORS TO CONSIDER IN DETERMINING

WHETHER THE FELONY IS ATTEMPTED,FRUSTRATED OR CONSUMMATED:1. Nature of the offense2. Elements constituting the felony3. Manner of committing the felony

ART. 7. LIGHT FELONIES

General rule: Light felonies are punishable onlywhen they have been consummated.Exception: If committed against persons orproperty, punishable even if attempted or

frustrated.

ART. 8. CONSPIRACY ANDPROPOSAL TO COMMIT FELONY

REQUISITES OF CONSPIRACY:1. That two or more persons came to an

agreement;2. That the agreement pertains to the

commission of a felony; and3. That the execution of the felony be decided

upon.

REQUISITES OF PROPOSAL:1. That a person has decided to commit a

felony; and2. That he proposes its execution to some

other person or persons.

TWO ASPECTS OF CONSPIRACY OR


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PROPOSAL TO COMMIT FELONY:1. As a manner of incurring criminal liability

(general rule)2. As a separate punishable offense

(exception)

RULES ON CONSPIRACY ORPROPOSAL TO COMMIT A FELONY:

a. GENERAL RULE: Mere conspiracy andproposal to commit a felony are notpunishable. Reason for the rule: conspiracyand proposal to commit a crime are onlypreparatory acts.

b. Exception: They are punishable in cases inwhich the law specially provides a penaltytherefor.

c. And when conspiracy is itself a crime, noovert act is necessary to bring about criminalliability.

d. But when conspiracy is only a basis forincurring criminal liability, there must be anovert act before the co-conspirators becomecriminally liable. In which case, the rule isthat: the act of one is the act of all.

Exception: If any of the co-conspirators wouldcommit a crime not agreed upon, the sameis NOT the act of all.

Exception to the exception: But in actsconstituting a single indivisible offense, all

will be liable for a crime committed by oneco-conspirator, even though he performeddifferent acts from that agreed upon inbringing about the composite crime. Theothers may only evade responsibility for anyother crime outside of that agreed upon, if itis proved that the particular conspirator hadtried to prevent the commission of suchother act.

ART. 9. CLASSIFICATION OF

FELONIESACCORDING TO GRAVITY

IMPORTANCE OF THE CLASSIFICATION:a. To determine whether these felonies can be

complexed or not;b. To determine the prescription of the crime

and the prescription of the penalty.

ART. 10. OFFENSES NOT SUBJECTTO THE PROVISIONS OF THE RPC

The provisions of the RPC on penaltiescannot be applied to offenses punishableunder special laws.

ART. 11. JUSTIFYING

CIRCUMSTANCES

DEFINITIONS:1. Justifying circumstances are those wherethe act of a person is said to be inaccordance with law, so that such person isdeemed not to have transgressed the lawand is free from both criminal and civilliability. There is no civil liability, except inpar. 4 of Art. 11, where the civil liability isborne by the persons benefited by the act.

2. Confession and avoidance the accusedadmits the offense charged but invokesjustifying or exempting circumstances toevade the penalty.

1. SELF-DEFENSEREQUISITES:1. unlawful aggression;2. reasonable necessity of the means

employed to prevent or repel it; and3. lack of sufficient provocation on the part of

the person defending himself

Unlawful aggression is equivalent to assaultor at least threatened assault of animmediate and imminent kind.

NOTconsidered unlawful aggression:

a. Insulting words addressed to the accused,no matter how objectionable they may havebeen, without physical assault, could NOTconstitute unlawful aggression.

b. A mere threatening or intimidating attitude,not preceded by an outward and materialaggression, is NOT unlawful aggression,because is it required that the act beoffensive and positively strong, showing thewrongful intent of the aggressor to cause aninjury.

Necessity must be both on the means

employed and the action taken. Reasonableness of the means employed

depends upon the nature and quality of the(1) weapon used by the aggressor, and (2)his physical condition, character, size andother circumstances, (3) and those of theperson defending himself, (4) and also theplace and occasion of the assault.

Test of reasonable necessity: What the lawrequires is rational equivalence, inconsideration of which will enter as principalfactors the following: (1) the emergency andimminent danger to which the person

attacked is exposed, and (2) the instinct,more than reason, that moves or impels thedefense. Proportionateness rests upon theimminent danger and not upon the harmdone.

NOT required for reasonable necessity:Perfect equalitybetween the weapons used


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by the one defending himself and that of theaggressor is not required, nor materialcommensurability between the means ofattack and defense. Reason: This isbecause the person assaulted does nothave sufficient tranquility of mind to thinkand to calculate.

Reason why penal law makes self-defenselawful:It would be quite impossible for the State inall cases to prevent aggression upon itscitizens (and even foreigners) and offerprotection to the person justly attacked. Onthe other hand, it cannot be conceived that aperson should succumb to an unlawful

aggression without offering any resistance.

Rights included in self-defense:Self-defense includes not only the defenseof the person or body of the one assaultedbut also that of his rights, the enjoyment ofwhich is protected by law.1. Includes the right to honor. Hence, a

slap on the face is considered asunlawful aggression directed against thehonor of the actor,

2. Includes defense of property rights, onlyif there is also an actual and imminent

danger on the person of the onedefending.

2. DEFENSE OF RELATIVESRELATIVES THAT CAN BE DEFENDED:(CODE: SADB4)1. Spouse2. Ascendants3. Descendants4. Legitimate, natural or adopted brothers and

sisters, or relatives by affinity in the samedegrees.

5. Relatives by consanguinity within the fourth

civil degree That fact that the relative defended gave

provocation is immaterial.

3. DEFENSE OF STRANGERWHO ARE DEEMED STRANGERS?Any person not included in the enumeration ofrelatives mentioned in paragraph 2 of this article,is considered stranger for the purpose ofparagraph 3. Hence, even a close friend or adistant relative is a stranger within the meaningof paragraph 3.

4. AVOIDANCE OF GREATER EVIL ORINJURY The greater evil must not be brought about

by the negligence or imprudence of theactor.

Civil liability referred to in a state of

necessity is based not on the act committed,but on the benefit derived from the state ofnecessity.a. So the accused will not be civilly liable if

he did not receive any benefit from thestate of necessity.

b. On the other hand, persons who did notparticipate in the damage or injury wouldbe pro tanto civilly liable if they derivedbenefit out of the state of necessity.

5. FULFILLMENT OF DUTY; ORLAWFUL EXERCISE OF RIGHT OR

OFFICEREQUISITES:1. That the accused acted in the performance

of a dutyor in the lawful exercise of a rightoroffice;

2. That the injury caused or the offensecommitted be the necessary consequenceof the due performance of duty or the lawfulexercise of such right or office.

6. OBEDIENCE TO AN ORDER ISSUEDFOR SOME LAWFUL PURPOSE

REQUISITES:1. That an orderhas been issued by a superior2. That such order must be for some lawful

purpose

3. That the means used by the subordinate tocarry out said order is lawful

Both the person who gives the order and theperson who executes it must be actingwithin the limitations prescribed by law.

ART. 12. EXEMPTINGCIRCUMSTANCES

DEFINITION:1. Exempting circumstances (or the

circumstances for non-imputability) arethose grounds for exemption frompunishment, because there is wanting in theagent of the crime any of the conditionswhich makes the act voluntary, or negligent.

BASIS:The exemption from punishment is based on thecomplete absence of intelligence, freedom ofaction, or intent, or on the absence ofnegligence on the part of the accused.

DISTINCTIONS(CODE: AL-C-L)

JUSTIFYINGCIRCUMSTANCE

EXEMPTINGCIRCUMSTANCE

1. It affects the actnot the actor.

1. It affects the actornot the act.


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2. The act isconsidered to havebeen done withinthe bounds of law;hence, legitimateand lawful in theeyes of the law.

2. The actcomplained of isactually wrongful,but the actor isnot liable.

3. Since the act isconsidered lawful,there is no crime.

3. Since the actcomplained of isactually wrong,there is a crime;but the since actoracted withoutvoluntariness,there is no dolonor culpa.

4. Since there is nocrime, nor acriminal, there isalso no liability,criminal nor civil.

4. Since there is acrime committedthough there is nocriminal, there iscivil liability.

1. IMBECILITY OR INSANITY1. Insanity or imbecility exists when there is a

complete deprivation of intelligence incommitting the act, that is, the accused is(1) deprived of reason, he acts without theleast discernment, or that (2) there is a totaldeprivation of freedom of the will. An

imbecile is exempt in all cases from criminalliability.

2. But an insane person is not so exempt if itcan be shown that he acted during a lucidinterval.

3. Also, when the accused was sane at thetime of the commission of the crime, but hebecomes insane at the time of the trial, he iscriminally liable. The trial, however, will besuspended until the mental capacity of theaccused is restored, in order to afford him afair trial.

2 TESTS OF INSANITY:1. Test of COGNITION complete

deprivation of intelligence in committingthe crime.

2. Test of VOLITION total deprivation offreedom of will.

2. PERSON UNDER NINE YEARS OFAGE

An infant under the age of nine years isabsolutely and conclusively presumed to beincapable of committing a crime.

3. PERSON OVER NINE YEARS OF AGEAND UNDER FIFTEEN, ACTING

WITHOUT DISCERNMENT1. Discernmentmeans mental capacity (i.e. of

a minor) to fully appreciate theconsequences of an unlawful act.

2. Discernment may be shown by (1) themanner the crime was committed, or (2) theconduct of the offender after its commission

4. A PERSON WHO WHILEPERFORMING A LAWFUL ACT WITH

DUE CARE, CAUSES INJURY, BYMERE ACCIDENT WITHOUT FAULT

OR INTENTION OF CAUSING IT1. Accident is something that happens outside

the sway of our will, and although it comesabout through some act of our will, liesbeyond the bounds of humanly foreseeableconsequences.

2. An accident presupposes lack of intention to

commit the wrong done.

5. A PERSON WHO ACTS UNDER THECOMPULSION OF AN IRRESISTIBLE

FORCEELEMENTS:1. That the compulsion is by means of physical

force.2. That the physical force must be irresistible.3. That the physical force must come from a

third person.

The irresistible force must never consist in

an impulse or passion, or obfuscation. Itmust consist of an extraneous force comingfrom a third person.

6. A PERSON WHO ACTS UNDER THEIMPULSE OF UNCONTROLLABLE

FEAR OF AN EQUAL OR GREATERINJURY

ELEMENTS:1. That the threat which causes the fear is of

an evil greater than, or at least equal to, thatwhich he is required to commit;

2. That it promises an evil of such gravity and

imminence that the ordinary man wouldhave succumbed to it.

Duress as a valid defense should be basedon real, imminent, or reasonable fear forones life or limb and should not bespeculative, fanciful, or remote fear.

Hence, duress is unavailing where theaccused had every opportunity to run awayif he had wanted to, or to resist any possibleaggression because was also armed.

DISTINGUISHED FROM IRRESISTIBLEFORCE:In irresistible force (par. 5), the offenderuses violence or physical force to compelanother person to commit a crime; inuncontrollable fear (par. 6), the offenderemploys intimidation or threat in compellinganother to commit a crime.


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7. A PERSON WHO FAILS TO

PERFORM AN ACT REQUIRED BYLAW, WHEN PREVENTED BY SOMELAWFUL OR INSUPERABLE CAUSE.

ELEMENTS:1. That an act is requiredby law to be done2. That a person fails to perform such act3. That his failure to perform such act was due

to some lawful orinsuperable cause.

ABSOLUTORY CAUSES DEFINITION:

Absolutory causes are those where the act

committed is a crime but for reasons ofpublic policy and sentiment there is nopenalty imposed.

Instigation is an absolutory cause.REASON: An instigator practically inducesthe would-be accused into the commissionof the offense, and himself becomes a co-principal. Sound public policy requires thatthe courts condemn this practice by directingthe acquittal of the accused.

ART. 13. MITIGATINGCIRCUMSTANCES

DEFINITION:1. Mitigating circumstances are those which, if

present in the commission of the crime, donot entirely free the actor from criminalliability, but serve only to reduce the penalty.

BASIS:Mitigating circumstances are based on thediminution of either freedom of action,intelligence, or intent, or on the lesser perversity

of the offender.

CLASSES OF MITIGATINGCIRCUMSTANCES

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

2. Privileged mitigating see Arts. 68, 69 and64 of the RPC.

DISTINCTIONS(CODE: OM)

ORDINARYMITIGATING

CIRCUM-STANCE

PRIVILEGEDMITIGATING

CIRCUM-STANCE

As to thenature of theconsequences

1. It can beoffsetby anaggravatingcircumstance

.

1. It canNEVER beoffset byanyaggravatingcircumstance

.

As to theeffect

2. If not offset,it willoperate toreduce thepenalty totheminimumperiod,provided

the penaltyis a divisibleone.

2. It operatesto reducethe penaltyby one totwoDEGREES

dependingupon whatthe law

provides.

PARAGRAPH 1: INCOMPLETEJUSTIFYING OR EXEMPTING

CIRCUMSTANCE1. Applies, when all the requisites necessary to

justifythe act are not attendant.2. But in the case of incomplete self-defense,

defense of relatives, and defense ofstranger, unlawful aggression must be

present, it being an indispensable requisite.

PARAGRAPH 2: UNDER 18, OR OVER 70YEARS OLD

LEGAL EFFECTS OF VARIOUS AGES OFOFFENDER:1. Under 9 years of age, an exempting

circumstance (Art. 12, par. 2);2. Over 9 and under 15 years of age, acting

without discernment is also an exemptingcircumstance, (Art. 12, par. 3; see Art. 68,par. 1);

3. Minor delinquent (under 18 years of age),

the sentence may be suspended (Art. 192,PD 603, as amended by PD 1179);

4. Under 18 years of age, privilegedmitigatingcircumstance (Art. 68);

5. 18 years or over, fullcriminal responsibility;6. 70 years or over, mitigating circumstance

(Art. 13, par. 2), no imposition of deathpenalty (Art. 47, par. 1), execution of deathsentence if already imposed is suspendedand commuted (Art. 83).

PARAGRAPH 3: NO INTENTION TOCOMMIT SO GRAVE A WRONG

1. If the offender had no intention to commit sograve a wrong as that committed, he isentitled to a mitigating circumstance. Thiscan be taken into account only when thefacts proven show that there is a notableand evident disproportion between themeans employed to execute the criminal act


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and its consequences.2. This paragraph is not applicable to culpable

felonies.

PARAGRAPH 4: PROVOCATION ORTHREAT

DEFINITION:Provocation is understood as any unjust orimproper conduct or act of the offended party,capable of exciting, inciting, or irritating any one.

REQUISITES:(Code: soi)1. That the provocation must be sufficient.2. That it must originate from the offended

party.

3. That the provocation must be immediate tothe commission of the crime by the personwho is provoked.

The threat should not be offensive andpositively strong. Otherwise, the threat toinflict real injury is an unlawful aggression,which may give rise to self- defense.

PARAGRAPH 5: VINDICATION OFGRAVE OFFENSE

REQUISITES:1. That there be a grave offense done to the

one committing the felony (offender), hisspouse, ascendants, descendants,legitimate, natural or adopted brothers orsisters, or relatives by affinity within thesame degrees;

2. That the felony is committed in vindication ofsuch grave offense.

Immediate vindication means proximate.Hence, a lapse of time is allowed betweenthe vindication and the doing of the graveoffense.

DISTINCTIONS(CODE: D-GI)

PROVOCATION VINDICATION

1. It is madedirectlyonly tothe personcommitting thefelony.

1. The graveoffense may becommitted alsoagainst theoffendersrelativesmentioned bylaw.

2. The cause that

brought aboutthe provocationneed not be agrave offense.

2. The offended

party must havedone a graveoffense to theoffender or hisrelativesmentioned bylaw.

3. It is necessarythat theprovocation orthreatimmediatelypreceded theact, i.e., thatthere be nointerval of timebetween theprovocation andthe commissionof the crime.

3. The vindicationof the graveoffense may beproximate,which admits ofan INTERVALof time betweenthe graveoffense doneby the offendedparty and thecommission ofthe crime bythe accused.

PARAGRAPH 6: PASSION OROBFUSCATION

REQUISITES:1. The accused acted upon an impulse.2. The impulse must be so powerful that it

naturally producedpassion or obfuscation inhim.

REASON: When there are causes naturallyproducing in a person powerful excitement,he loses his reason and self-control, therebydiminishing the exercise of his will power.

EXCEPTIONS: But even when there is actually

passion or obfuscation on the part of theoffender, there is no mitigating circumstance if:(a) The act is committed in a spirit oflawlessness; or (b) The act is committed in aspirit of revenge.

PARAGRAPH 7: SURRENDER ANDCONFESSION OF GUILT

TWO MITIGATING CIRCUMSTANCES AREPROVIDED IN THIS PARAGRAPH:1. Voluntary surrender to a person in authority

or his agents.2. Voluntary confession of guilt before the

court, prior to the presentation of evidencefor the prosecution.

REQUISITES OF VOLUNTARY SURRENDER:(Code: -ASV)1. That the offender had not been actually

arrested2. That the offender surrendered himself to a

person in authority or to the latters agent

3. That the surrender was voluntary. Meaning,for voluntary surrender to be appreciated,the same must be spontaneous in such amanner that it shows the interest of theaccused to surrender unconditionally to theauthorities.


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REQUISITES OF VOLUNTARY PLEA OFGUILTY:(CODE: SCP)1. That the offender spontaneously confessed

his guilt;2. That the confession of guilt was made in

open court, that is, before the competentcourtthat is to try the case; and

3. That the confession of guilt was made priorto the presentation of evidence for theprosecution. Meaning, plea of guilty in theRTC in a case appealed from the MunicipalCourt is not mitigating, because the plea ofguilty must be made at the first opportunity(in this case, the Municipal Court).

PARAGRAPH 8: PHYSICAL DEFECT OFTHE OFFENDER

DEFINITION: Physical defect referred to inthis paragraph is such as being armless,cripple, or a stutterer, whereby his means toact, to defend himself, or to communicatewith his fellow human beings, is limited.

PARAGRAPH 9: ILLNESS OF THEOFFENDER

REQUISITES:1. That the illness of the offender diminishes

the exercise of his will power.

2. That such illness should not deprive theoffender ofconsciousness of his acts.

PARAGRAPH 10: SIMILAR ANDANALOGOUS CIRCUMSTANCES

This paragraph authorizes the court toconsider in favor of the accused any othercircumstance of a similar nature andanalogous to those mentioned inparagraphs 1 to 9 of Article 13.

ART. 14 AGGRAVATINGCIRCUMSTANCES

DEFINITION:1. Aggravating circumstances are those which,

if attendant in the commission of the crime,serve to increase the penalty without,however, exceeding the maximum of thepenalty provided by law for the offense.

BASIS:They are based on the greater perversity of theoffender manifested in the commission of thefelony, as shown by (1) the motivating poweritself, (2) the place of commission, (3) the meansand ways employed, (4) the time, or (5) thepersonal circumstances of the offender, or of theoffended party.

FOUR KINDS OF AGGRAVATING

CIRCUMSTANCES1. GENERIC those that can generally apply to

all crimes USUALLY: dwelling; nighttime; recidivism ENUMERATED:

(1) Advantage taken of public position(2) Contempt or insult to public authorities(3) Commission in the dwelling of the

offended party(4) Abuse of confidence; or obvious

ungratefulness(5) Places of commission(6) Nighttime; uninhabited place; or band(7) Recidivism(8) Reiteracion(9) Craft, fraud, or disguise

(10) Unlawful entry(11) By breaking wall, etc.(12) Aid of a minor (under 15 years)

2. SPECIFIC-- those that apply only toparticular crimes.

USUALLY: ignominy in crimes againstchastity; or cruelty and treachery in crimesagainst persons

ENUMERATED:(1) disregard of rank, age, or sex of

offended party(2) superior strength; or means to weaken

the defense(3) treachery(4) ignominy(5) cruelty

3. QUALIFYING those that change the natureof the crime.

EXAMPLES: Alevosia (treachery), or evidentpremeditation qualifies the killing of a personto murder

4. INHERENT those that must, of necessity,accompany the commission of the crime.

EXAMPLE: Evident premeditation isinherent in robbery, theft, estafa, adultery, orconcubinage

DISTINCTIONS(CODE: N-OA)

QUALIFYINGAGGRAVATING

CIRCUMSTANCE

GENERICAGGRAVATING

CIRCUMSTANCE

1. It does not only

give the crime itsproper andexclusive name,but also places theauthor thereof insuch a situation asto deserve no

1. Its effect is to

increase thepenalty, whichshould be imposedupon the accusedwithout exceedingthe limit prescribedby law.


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otherpenaltythanthat speciallyprescribed by lawfor said crime.

2. It cannot be offsetby a an ordinarymitigatingcircumstance.

2. It may becompensatedby amitigatingcircumstance.

3. It must be allegedin the information,otherwise it is agenericaggravatingcircumstance only.

4. Must alsobealleged in theinformation. (2000Criminal Proc)

MODIFICATIONS IN THE APPLICATIONOF SOME AGGRAVATINGCIRCUMSTANCES (Acs)

(CODE: No Personal Knowledge)1. ACs WHICH DO NOTHAVE THE EFFECT

OF INCREASING THE PENALTY. Hence,(a) those which in themselves, constitute acrime specially punishable by law, and (b)those which are included by the law indefining a crime and prescribing the penaltytherefor, shall NOT be taken into account forthe purpose of increasing the penalty (Art.62, par. 1).

2. ACs WHICH ARE PERSONAL TO THEOFFENDERS. Hence, those which arise: a)from the moral attributes of the offender, orb) from his private relations with theoffended party, or c) from any otherpersonalcause, shall only serve to aggravate theliability of the principals, accomplices, andaccessories as to whom such circumstancesare ATTENDANT (Art. 62, par. 3).

3. ACs WHICH DEPEND FOR THEIRAPPLICATION UPON THE KNOWLEDGEOF THE OFFENDERS. Hence, those whichconsist 1) in the material execution of theact, or 2) in the means employed to

accomplish it, shall serve to aggravate theliability of those persons only who hadKNOWLEDGE of them at the time of theexecution of the act or their cooperationtherein (Art. 62, par. 4).

PARAGRAPH 1: ADVANTAGE TAKEN OFPUBLIC POSITION (cannot be offset byany mitigating circumstance)1. ESSENCE: The public officer must use the

influence, prestige, or ascendancy, whichhis office gives him, as the means by which

he realizes his purpose. The essence of thematter is presented in the inquiry, Did theaccused abuse his office in order to committhe crime?

2. NOT APPLIED: The circumstance, takingadvantage of public position cannot be takeninto consideration in offenses where taking

advantage of official position is made by lawan integral elementof the crime, such as inMALVERSATION under Art. 217, or inFALSIFICATION OF DOCUMENTCOMMITTED BY PUBLIC OFFICERSUNDERART. 171. Also, this circumstanceis inherent in the case of ACCESSORIESUNDER ART. 19, PAR. 3, and in CRIMESCOMMITTED BY PUBLIC OFFICERS(FOUND IN ARTS. 204-245).

PARAGRAPH 2: CONTEMPT OR INSULTTO PUBLIC AUTHORITIES

REQUISITES:1. That the public authority is engaged in the

exercise of his functions.

2. That he who is thus engaged in the exerciseof said functions is NOT the person againstwhom the crime is committed.

3. The offender knows him to be a publicauthority.

4. His presence has not prevented the offenderfrom committing the criminal act.

If the crime is committed against a publicauthority while he is in the performance ofhis official duty, the offender commits directassault (Art. 148).

Knowledge that a public authority is presentis essential.

DEFINITION:A Public Authority, sometimes also called aperson in authority, is a public officer who isdirectly vested with jurisdiction, that is, a publicofficer who has the power to govern and executethe laws.

Under the decided cases, a municipalmayor, a barangay captain, or a barriocaptain is a person in authority or a public

authority. Even a school teacher is nowconsidered a person in authority under CA578. So is a municipal councilor, amunicipal health officer, a nurse, or a BIRagent. However, additional persons inauthority under Art. 152 is only for purposesof direct assault and resistance.

The chief of police should therefore beconsidered a public authority or a person inauthority, for he is vested with jurisdiction orauthority to maintain peace and order and isspecifically duty bound to prosecute and toapprehend violators of the laws andmunicipal ordinances, more than theaforementioned officials who cannotprosecute, and who are not even enjoined toarrest malefactors, although they arespecifically mentioned as persons inauthority by the decided cases and by Art.152 of the RPC as amended.


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PARAGRAPH 3: DISREGARD OF RANK,

AGE, OR SEX OF OFFENDED PARTY;OR COMMISSION IN THE DWELLING OFTHE OFFENDED PARTY

If all the four circumstances enumerated inthis paragraph are present, they have theweight of only one aggravating circumstanceonly.

A. That the act be committed with insultor in disregard of the respect due the

offended party on account of theDEFINITIONS:a. rank of the offended party. There must be a

difference in the social condition of theoffender and the offended party.

b. age of the offended party. Applies to caseswhere the victim is of tender age as well asof old age.

c. sex of the offended party. This refers to thefemale sex, not to the male sex.

This circumstance (rank, age, or sex) isapplicable only in crimes against persons orhonor.

DISREGARD OF RANK, AGE, OR SEX IS NOTAGGRAVATING IN THE FOLLOWING CASES:a. When the offender acted with passion and

obfuscation.b. When there exists a relationship between

the offended party and the offender.c. When the condition of being a woman is

indispensable in the commission of thecrime. Thus, in (1) parricide, (2) abduction,or (3) seduction, sex is not aggravating.

Is disregard of sex absorbed in treachery?There were 2 different rulings.1. The earlier one says, disregard of sex is

absorbed in treachery.

2. The later one says: the aggravatingcircumstance of disregard of sex andage are NOT absorbed in treacherybecause treachery refers to the mannerof the commission of the crime, whiledisregard for sex and age pertains to therelationship to the victim (P v. Lapaz;March 31, 1989)

B. That the crime be committed in thedwelling of the offended party.

1. REASON for aggravating the commission ofthe crime in ones dwelling?

a. The abuse of confidence which theoffended party reposed in the offenderby opening the door to him; or

b. The violation of the sanctityof the homeby trespassing therein with violence oragainst the will of the owner.

2. DEFINITIONS

Dwellingmust be a building or structure,exclusively used for rest and comfort. Itincludes dependencies, the foot of thestaircase and enclosure under thehouse.

There must be NO provocation, inorder to consider this AC. ByPROVOCATION is meant, onewhich is:

1. Given by the ownerof the dwelling,2. Sufficient, and3. Immediate to the commission of the

crime.

For this circumstance to be

considered, it is NOT necessary thatthe accused should have actuallyentered the dwelling of the victim tocommit the offense. It is enoughthat the victim was attacked insidehis own house, although theassailant may have devised meansto perpetrate the assault fromwithout.

DWELLING IS NOT AGGRAVATING IN THEFOLLOWING CASES:a. When both offender and offended party are

occupants of the same house, even if theoffended party is a servant in the house.

BUT in adultery, it is still aggravating even ifit was also the dwelling of the unfaithful wife,because of a very grave offense against thehead of the house. BUT the rule is againdifferent if both the unfaithful wife and theparamour were living, and had the right tolive, in the same house of the offendedspouse.

b. In robbery by use of force upon things only,because dwelling is inherent.

c. In trespass to dwelling because of same

reason.d. When the dwelling does not actually belongto the offended party. HOWEVER, somedecided cases considered temporarydwelling as when the offended party was(a) raped in her boarding house; (b) raped intheir paternal home where they weresleeping as guests, etc. because the RPCspeaks of dwelling and not domicile.

PARAGRAPH 4: ABUSE OFCONFIDENCE; OR OBVIOUS

UNGRATEFULNESS

REQUISITES:1. That the offended party had trusted theoffender.

2. That the offender abused such trust bycommitting a crime against the offendedparty.

3. That the abuse of confidence facilitated thecommission of the crime; OR


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4. That the act be committed with obviousungratefulness.

The confidence between the offender andthe offended party must be immediate andpersonal.

PARAGRAPH 5: PLACES OFCOMMISSION

COMPARISON OF PAR. 2 AND PAR. 5:PAR. 2: CONTEMPT ORINSULT TO PUBLICAUTHORITIES

PAR. 5: PLACE WHEREPUBLIC AUTHORITIESARE ENGAGED IN THEDISCHARGE OF THEIR

DUTIES1. Public authorities

are in theperformance oftheir duties.

1. Public authoritiesare in theperformance oftheir duties.

2. The publicauthorities areperforming theirduties outside oftheir office.

2. The publicauthorities, whoare in theperformance oftheir duties, mustbe in their office.

3. The publicauthority should

notbe theoffended party.

3. The publicauthority may be

the offendedparty.

The place of the commission of the felony(par. 5), if it is Malacaang palace or achurch, is aggravating, regardless ofwhether State or official or religiousfunctions are being held. BUT there is adecided case to the effect that the offendermust have the intention to commit a crimewhen he entered the place; i.e. she musthave murder in her heart (P v. Jaurigue).

The Chief executive need not be inMalacanang Palace. His presence alone inany place where the crime is committed isenough to constitute the aggravatingcircumstance, even if he is not engaged inthe discharge of his duties in the placewhere the crime is committed.

For the other public authorities, they must beactually engaged in the performance of duty.

PARAGRAPH 6: NIGHTTIME;UNINHABITED PLACE; OR BAND

NIGHTTIME, UNINHABITED PLACE OR BANDIS AGGRAVATING

1. When it facilitated the commission of thecrime; or

2. When it was especially sought for by theoffender to insure the commission of thecrime or for the purpose of impunity; or

3. When the offender took advantage thereoffor the purpose of impunity.

DEFINITIONS:1. For the purpose of impunity means to

prevent his (accuseds) being recognized, orto secure himself against detection andpunishment.

2. Nighttime is the period of darknessbeginning at the end of dusk and ending atdawn. Nighttime by and of itself is notnecessarily aggravating. TESTS: (1) thecommission of the crime must begin and beaccomplished in the nighttime; (2) theoffense must be actually be committed in thedarkness of the night.

3. An uninhabited place is one where thereare no houses at all, a place at a

considerable distance from town, or wherethe houses are scattered at a great distancefrom each other. TEST (OF UNINHABITEDPLACE): But whether or not the crime isattended by this aggravating circumstanceshould be determined not by the distance ofthe nearest house from the scene of thecrime, but whether or not in the place of thecommission of the offense there was areasonable possibility of the victim receivingsome help. TEST (OF WHETHER OR NOTAGGRAVATING):

4. BAND --Whenever more than three armed

malefactors shall have acted together in thecommission of an offense it shall be deemedto have been committed by a band.

Acted together-- means direct part in theexecution of the act constituting the crime.Hence, if one of the four armed men is aprincipal by inducement only, they do notform a band, because a principal byinducement connotes that he has no directparticipation in the perpetration thereof.

BAND IS AGGRAVATING IN: (a) crimesagainst property (except in brigandage,because it is inherent); (b) crimes againstpersons (note rape, which is already a crimeagainst persons), (c) illegal detention, and;(d) treason.

PARAGRAPH 7: ON OCCASION OFCALAMITY OR MISFORTUNE

THE REASON for the existence of thiscircumstance is found in the debased formof criminality met in one who, in the midst ofa great calamity, instead of lending aid tothe afflicted, adds to their great suffering bytaking advantage of their misfortune todespoil them.

PARAGRAPH 8: AID OF ARMED MEN,


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offense unless used by the offender as ameans to accomplish a criminal purpose.

PARAGRAPH 13: EVIDENTPREMEDITATION

ESSENCE:The essence of premeditation is that theexecution of the criminal act must be precededby cool thought and reflection upon theresolution to carry out the criminal intent duringthe space of time sufficient to arrive at a calmjudgment.

REQUISITES:1. The time when the offender determined to

commit the crime;

2. An act manifestly indicating that the culprithas clung to his determination; and

3. A sufficient lapse of time between thedetermination and execution, to allow him toreflect upon the consequences of his actand to allow his conscience to overcome theresolution of his will.

CONSPIRACY GENERALLYPRESUPPOSES PREMEDITATION,EXCEPTION: But when conspiracy is onlyimplied, the evident premeditation may notbe appreciated from the mere conspiracy.

PARAGRAPH 14: CRAFT, FRAUD, ORDISGUISE

DEFINITIONS:1. Craft involves the use of intellectual

trickery or cunning on the part of theaccused.

2. Fraud involves the use of insidiouswords and machination, used to inducethe victim to act in a manner, whichwould enable the offender to carry outhis design.

3. Disguise involves resort to any device in

order to conceal identity.

CRAFT DISTINGUISHED FROM FRAUDWhen there is a direct inducement by insidiouswords or machinations, fraud is present;otherwise, the act of the accused done in ordernot to arouse the suspicion of the victimconstitutes craft.

PARAGRAPH 15: SUPERIORSTRENGHT; OR MEANS TO WEAKEN

DEFENSE1. Superior Strength-- To take advantage of

superior strength means to use purposely,excessive force out of proportion to themeans of defense available to the personattacked.

The aggravating circumstance of abuse ofsuperior strength depends on the age, size,and strength of the parties.

TEST: It is considered whenever there is anotorious inequality of forces between thevictim and aggressor, assessing asuperiority of strength notoriouslyadvantageous for the aggressor, which isselected or taken advantage of by him in thecommission of the crime.

2. Means to weaken the defense-- Theoffender employs means to materiallyweaken the resisting power of the offendedparty.

PARAGRAPH 16:

TREACHERYMEANING OF TREACHERY:1. There is treachery when the offender

commits any of the crimes against the

person, employing means, methods or formsin the execution thereof which tend directlyand specially to insure its execution, withoutrisk to himself arising from the defensewhich the offended party might make.

The characteristic and unmistakablemanifestation of treachery is the deliberate,sudden and unexpectedattack of the victim,without any warning, and without giving himan opportunity to defend himself, or repelthe initial assault.

2. Treachery means that the offended partywas not given opportunity to make adefense.

Killing a child is characterized by treachery,because the weakness of the victim due tohis tender age results in the absence of anydanger to the accused.

SOME RULES ON TREACHERY:CODE: (P-ICTAN)1. Applicable only to crimes against the

persons

2. Means, methods, or forms need not insureaccomplishment of crime.3. The mode of attack must be consciously

adopted.4. Must be present at the propertime.

SUMMARY OF THE RULES ON WHENTREACHERY MUST BE PRESENT:a) When the aggression is continuous,

treachery must be present in thebeginningof the assault;

b) When the assault was notcontinuous in that there was aninterruption, it is sufficient thattreachery was present at themoment the fatal blowwas given.

5. Treachery

absorbs abuse of superiorstrength, aid of armed men, by a bandandmeans to weaken the defense.

6. Nighttime forms part, of the peculiartreacherous means and manner adopted toinsure the execution of the crime.


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(Note: there is need to establish the manner bywhich offender attacked the victim. There is nopresumption of aggravating circumstance, moreso if qualifying)

PARAGRAPH 17: IGNOMINYDEFINITIONS:1. Ignominya circumstance pertaining to the

moral order, which adds disgrace andobloquyto the material injury caused by thecrime.

2. It must tend to make the effects of the crimemore humiliatingor to put the offended partyto shame.

WHERE APPLICABLE:This aggravating circumstance is applicable to

(a) crimes against chastity, (b) less seriousphysical injuries, (c) light or grave coercion, (d)and murder.

PARAGRAPH 18: UNLAWFUL ENTRY There is unlawful entrywhen an entrance is

effected by a way not intended for thepurpose. It must be a means to effectentrance and not for escape.

PARAGRAPH 19: BY BREAKING WALL,ETC.

To be considered as an aggravating

circumstance, breaking the door must beutilized as a means to the commission of thecrime.

PARAGRAPH 20: AID OF MINOR (UNDER15 YEARS); OR BY MEANS OF MOTOR

VEHICLES, ETC.TWO DIFFERENT CIRCUMSTANCES AREGROUPED IN THIS PARAGRAPH.The first one tends to repress the frequentpractice resorted to by professional criminals toavail themselves of minors taking advantage oftheir irresponsibility; while the second one is

intended to counteract the great facilities foundby modern criminals in said means to commitcrime, and then flee and abscond once thesame is committed.

PARAGRAPH 21: CRUELTYESSENCE:THERE IS CRUELTY when the culprit enjoysand delights in making his victim suffer slowlyand gradually, causing him unnecessaryphysical pain in the consummation of thecriminal act.

REQUISITES:1. That the injury caused be deliberately

increasedby causing other wrong;2. That the other wrong be unnecessaryfor the

execution of the purpose of the offender.

For cruelty to be aggravating, it is essential

that the wrong done was intended toprolong the suffering of the victim, causinghim unnecessary moral and physical pain.

Ignominy (par. 17) involves moralsuffering,while cruelty (par. 21) refers to physicalsuffering.

ART. 15 ALTERNATIVECIRCUMSTANCES

DEFINITION:Alternative circumstances are those, which mustbe taken into consideration as aggravating ormitigating, according to the nature and effects ofthe crime and the other conditions attending itscommission.

THE ALTERNATIVE CIRCUMSTANCES ARE:1. Relationship2. Intoxication3. Degree of instruction and education of the

offender

1. RELATIONSHIP--The alternative circumstance of relationshipshall be taken into consideration when the

offended party is theCODE: (SADBA)1. spouse2. ascendant3. descendant4. legitimate, natural or adopted brother or

sister, or relative by affinity in the samedegree, of the offender.

The relationship of stepfather or stepmotherand stepson or stepdaughter is includedbyanalogy to that of ascendant anddescendant.

WHEN MITIGATINGAND WHEN AGGRAVATING:The law is silent as to when mitigating and whenaggravating.1. MITIGATING: As a rule, relationship is

mitigating in crimes against property, byanalogy to Art. 332 regarding Personsexempt from criminal liability. OF COURSEin view of Art. 332, when the crimecommitted is: (a) theft, (b) estafa, or (c)malicious mischief, relationship isexempting, and not merely mitigating.

2. AGGRAVATING. It is aggravating in crimesagainst persons in cases where theoffended is a relative of a higher degreethan the offender, or when the offender andthe offended party are relatives of the samelevel, such killing a brother-in-law, a half-brother, or an adopted brother.


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In crimes against chastity, relationship isalways aggravating, regardless of whetherthe offender is a relative of a higher or lowerdegree of the offended party.

However, relationship is neither mitigatingnor aggravating, when relationship is anelementof the offense.

2. INTOXICATION--By state of intoxication is meant that theoffenders mental faculties must be affected bydrunkenness.

WHEN MITIGATING

AND WHEN AGGRAVATING:1. Mitigating, if intoxication is (1) not habitual,

or 2) not subsequent to the plan to commit afelony. (He is not already conscious of hisdoing) consider the effect

2. Aggravating if intoxication is 1) habitual, or2) if it is intentional (subsequent to the planto commit a felony).

3. DEGREE OF INSTRUCTION ANDEDUCATION OF THE OFFENDER-- Low degree of instruction and education or

lack of it is generally mitigating. High

degree of instruction and education isaggravating, when the offender availedhimself of his learning in committing thecrime.

Lack of instruction or low degree of it, isappreciated as mitigating circumstance inalmost all crimes. EXCEPT in crimes, whichare inherently wrong, of which every rationalbeing is endowed to know and feel.

ART. 16. PERSONS WHO ARECRIMINALLY LIABLE

GRAVE AND LESS GRAVE FELONIES:1. Principals2. Accomplices3. Accessories

LIGHT FELONIES:1. Principals2. Accomplices

The treble division of persons criminallyliable rests upon the very nature of theirparticipation.

The classification of the offenders asprincipal, accomplice, or an accessory istrue only under the RPC but not in thespecial laws because the penalties underthe latter are never graduated

RULES RELATIVE TO LIGHT FELONIES1. Punishable only when they have been

consummated. EXCEPT when committedagainst persons or property, in which casethey are also punishable even if they wereonly in the attempted or frustrated stage.

2. There are no accessories even if they arecommitted against persons or property.

TWO PARTIES IN ALL CRIMES1. ACTIVE subject (the criminal)3. PASSIVE subject (the injured party)

As a rule, only natural persons can be the activesubjects of a crime because the RPC requiresthat the culprit should have acted with personal

malice or negligence. A juridical person cannotact with malice or negligence.

ART. 17. PRINCIPALS

KINDS OF PRINCIPALS1. PRINCIPAL BY DIRECT PARTICIPATION -

personally takes part in the execution of theact constituting the crime

REQUISITES:

1. That they participated in the criminalresolution

2. That they carried out their plan andpersonally took part in its execution byacts which directly tended to the sameend

2. PRINCIPAL BY INDUCTION - the principalby induction becomes liable only when theprincipal by direct participation committedthe act induced.

TWO WAYS OF BECOMING A PRINCIPAL

BY INDUCTION:1. directly forcing another to commit acrime, or

2. directly inducing another to commit acrime

Two ways of directly forcing another tocommit a crime:1. by using irresistible force2. by causing uncontrollable fear

Two ways of directly inducing another to

commit a crime:1. by giving price, or offering reward or

promise2. by using words of command

REQUISITES (Principal by inducement,through giving price, etc): In order that a


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person maybe convicted as a principalby inducement, the following requisitesmust be present---1. that the inducement be made

directly with the intention ofprocuring the commission of thecrime; and

2. that such inducement be thedetermining cause of thecommission of the crime by thematerial executor

REQUISITES (Principal by inducement,through words of command): In orderthat a person using words of commandmaybe held liable, the following

requisites must be present---1. that the one uttering the words of

command must have the intention ofprocuring the commission of thecrime

2. that the one who made thecommand must have anascendancy or influence over theperson who acted

3. that the words used must be sodirect, so efficacious, so powerful asto amount to physical or moralcoercion

4. the words of command must beuttered prior to the commission ofthe crime

5. the material executor of the crimehas no personal reason to committhe crime

DISTINCTIONSPrincipal byInducement

Offender who madeProposal to Commit

a Felony

1. There is an

inducement tocommit a crime

1. There is an

inducementtocommit a crime

2. Becomes liableonly when thecrime iscommittedby theprincipal bydirectparticipation

2. The mereproposaltocommit a felonyis punishable intreason orrebellion; theperson to whomthe proposal ismade should notcommitthe

crime, otherwise,the proponentbecomes aprincipal byinducement

3. Inducementinvolves any

3. The proposalmust involve only

crime. treason orrebellion

EFFECT OF ACQUITTAL OF ONE OFTHE CO-CONSPIRATORS TO THE

OTHER CO-CONSPIRATORS:As a rule, the acquittal of one of the co-conspirators redounds to the benefit of the otherco-conspirators EXCEPT when the acquittal isdue to circumstances personal to the accused,like exempting circumstances

3. PRINCIPALS BY INDISPENSABLECOOPERATION

REQUISITES:1. participation in the criminal resolution,

that is, there is either anteriorconspiracy or unity of criminal purposeand intention immediately before thecommission of the crime charged; and

2. cooperation in the commission of theoffense by performing another act,without which it would not have beenaccomplished

COLLECTIVE CRIMINALRESPONSIBILITY

There is collective criminal responsibility when

the offenders are criminally liable in the samemannerand to the same extent. Thepenaltytobe imposed must be the same for all.

INDIVIDUAL CRIMINAL RESPONSIBILITYIn the absence of previous conspiracy, unity ofcriminal purpose, and intention, immediatelybefore the commission of the crime, orcommunity of criminal design, the criminalresponsibility arising from different acts directedagainst one and the same person is individualand not collective, and each of the participants isliable only for the act committed by him

ART. I8. ACCOMPLICES

REQUISITES:CODE:

(COMMUNITY COOPERATESprevious supply RELATION)1. That there be community of design; that is,

knowing the criminal design of the principalby direct participation, he concurs with thelatter in his purpose;

2. That he cooperates in the execution of theoffense by previous or simultaneous acts,with the intention of supplying material ormoral aidin the execution of the crime in anefficacious way; and

3. That there be a relation between the actsdone by the principal and those attributed tothe person charged as accomplice.


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The complicity, which is penalized, requiresa certain degree of cooperation whethermoral, through advice, encouragement, oragreement, or material, through externalacts.

The responsibility of the accomplice is to bedetermined by acts of aid and assistance,either prior to or simultaneous with thecommission of the crime, renderedknowingly for the principal therein, and notby the mere fact of having been present atits execution.

ART. 19. ACCESSORIES

1. An accessory must have knowledge of thecommission of the crime and havingknowledge he took part subsequent to itscommission

2. To convict an accessory, the crimecommitted by the principal must be provedbeyond reasonable doubt

SPECIFIC ACTS OF ACCESSORIES:(CODE: PROFIT, CONCEAL, HARBOR)

1. By profiting themselves or assisting theoffender to profit by the effects of the crime

2. By concealingor destroying the body of thecrime to prevent its discovery

3. By harboring, concealing or assisting in theescape of the principal of the crime

2 CLASSES OF ACCESSORIES ARECONTEMPLATED IN PAR. 3 OF ART. 19(i.e., HARBORING, etc):(a) Public officers who harbor, conceal or

assist in the escape of the principal ofany crime (not light felony) with abuse of

his functions(b) Private persons who harbor, conceal or

assist in the escape of the author of thecrime guilty of treason, parricide,murder, or an attempt against the life ofthe President, or who is known to behabitually guilty of some other crime

The accomplice and the accessory maybe tried and convicted even before theprincipal is found guilty.

The liability of the accused will dependon the quantum of evidence adduced by

the prosecution against the particularaccused.

ACCESSORY DISTINGUISHED FROMPRINCIPAL AND FROM ACCOMPLICE

1. The accessory does not take part orcooperate in, or induce, the commission of

the crime.2. The accessory does not cooperate in the

commission of the offense by acts priorthereto or simultaneous therewith.

3. The participation of the accessory in allcases always takes place after thecommission of the crime

ART. 20. ACCESSORIES WHO AREEXEMPT FROM CRIMINAL LIABILITY

SITUATIONS WHERE ACCESSORIES ARENOT CRIMINALLY LIABLE:1. When the felony committed is a light felony;

and2. When the accessory is related to the

principal as spouse, or as an ascendant, ordescendant or as a brother or sister,whether legitimate, natural, or adopted, orwhere the accessory is a relative by affinitywithin the same degree, unless theaccessory himselfprofited from the effectsor proceeds of the crime or assisted theoffender to profit thereon.

PENALTIESDEFINITION:Penalty is the suffering that is inflicted by theState, for the transgression of a law; in itsgeneral sense, it signifies pain.

Different juridical conditions of penalty:1. productive of suffering, without however

affecting the integrity of the humanpersonality

2. commensurate with the offense differentcrimes must be punished with differentpenalties

3. personal no one should be punished forthe crime of another

4. legal it is the consequence of a judgmentaccording to law

5. certain no one may escape its effects6. equal for all7. correctional

Theories justifying penalty:1. Self-defense the State has a right to

punish the criminal as a measure of self-defense, so as to protect society from thethreat and wrong inflicted by the criminal

2. Reformation the object of punishment incriminal cases is to correct and reform the

offender3. Exemplarity the criminal is punished to

serve as an example to deter others fromcommitting crimes

4. Justice that crime must be punished by theState as an act of retributive justice, avindication of absolute right and moral law


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violated by the criminal

THREE-FOLD PURPOSE OF THEPENALTY UNDER THE RPC:1. Retribution or expiation the penalty is

commensurate with the gravity of theoffense

2. Correction or reformation- as shown by therules which regulate the execution of thepenalties consisting in deprivation of liberty

3. Social defense shown by its inflexibleseverity to recidivists and habitualdelinquents

ART. 22. RETROACTIVE EFFECT OFPENAL LAWS

GENERAL RULE IS TO GIVE CRIMINAL LAWSPROSPECTIVE EFFECT. EXCEPTION whenfavorable to the accused who is not a habitualcriminal

AN EX POST FACTO LAW IS ANY ONEWHICH:CODE: (CAPE Civil Protection)1. makes criminal an act done before the

passage of the law, and which was innocentwhen done, and punishes such an act;

2. aggravates a crime, or makes it greater thanit was, when committed;

3. changes the punishment and inflicts agreater punishment than the law annexed tothe crime when committed;

4. alters the legal rules of evidence, andauthorizes conviction upon less or differenttestimony that the law required at the time ofthe commission of the offense;

5. assuming to regulate civil rights andremedies only, in effect imposes penalty ordeprivation of a right for something whichwhen done was lawful; and

6. deprives a person accused of a crime ofsome lawful protection to which he hasbecome entitled, such as the protection of aformer conviction or acquittal, or aproclamation of amnesty

ART. 23. EFFECT OF PARDON BYTHE OFFENDED PARTY

As a rule, a pardon by the offended party doesnot extinguish criminal action, except as

provided under Art. 344 of RPC.

Two classes of injuries caused by an offense:1. Social injury, produced by the disturbance

and alarm, which are the outcome of theoffense. This is repaired through theimposition of the corresponding penalty.The State has an interest in this class of

injury so the offended party cannot pardonthe offender so as to relieve him of thepenalty.

2. Personal injury, caused to the victim of thecrime, who suffered damage either to hisperson, to his property, to his honor, or toher chastity. This is repaired throughindemnity, which is civil in nature. Theoffended party may waive it and the statehas no reason to insist on its payment.

ART. 24. MEASURES OFPREVENTION OR SAFETY WHICH

ARE NOT CONSIDERED PENALTIES

THE FOLLOWING ARE NOTCONSIDERED PENALTIES:

1. The arrest and temporary detention ofaccused persons, as well as their detentionby reason of insanity or imbecility or illnessrequiring theirconfinementin a hospital;

2. The commitment of a minor to any of theinstitutions mentioned in Art. 80 (nowPD603) for the purposes specified therein;

3. Suspension from the employment or publicoffice during the trial or in order to instituteproceedings;

4. Fines and other corrective measures which,in the exercise of their administrativedisciplinary powers, superior officials mayimpose upon their subordinates; and

5. Deprivation of rights and reparations whichthe civil laws may establish in penal form.

ART. 25. PENALTIES WHICH MAY BEIMPOSED

CLASSIFICATION OF PENALTIES:1. Principal penalties those expressly

imposed by the court in the judgment ofconviction

2. Accessory penalties those that aredeemed included in the imposition of theprincipal penalties

This article classifiespenalties according to theirgravity:

1. Capital2. Afflictive3. Correctional4. Light

This corresponds to the classification of feloniesaccording to their gravity under Art. 9:


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1. Grave2. Less grave3. Light

ART. 29. PERIOD OF PREVENTIVEIMPRISONMENT DEDUCTED FROM

TERM OF IMPRISONMENT

OFFENDERS NOT ENTITLED TO THEFULL TIME OR FOUR-FIFTHS OF THE

TIME OF PREVENTIVE IMPRISONMENT:1. Recidivists or those convicted previously

twice or more times of any crime.

A habitual delinquent is not entitled to thefull time or 4/5 of the time of preventiveimprisonment, because a habitualdelinquent is necessarily a recidivist or thatat least he has been convicted previouslytwice or more times of any crime.

2. Those who upon being summoned for theexecution of their sentence, failed tosurrender voluntarily

Note that paragraph No. 2 does not refer tofailure to surrender voluntarily after

commission of the crime. It says: whenupon being summoned for the execution oftheir sentence.

ART. 36. PARDON; ITS EFFECTS

EFFECTS OF PARDON BY THEPRESIDENT

1. A pardon shall not restore the right to holdpublic office or the right of suffrage.EXCEPT; when any or both such rights is orare expressly restored by the terms of the

pardon.2. It shall not exempt the culprit from the

payment of the civil indemnity.

LIMITATIONS UPON THE EXERCISE OFTHE PARDONING POWER

1. That the power can be exercised only afterconviction

2. That such power does not extend to casesofimpeachment

DISTINCTIONSCODE: (EPAA)

Pardon by theChief Executive

Pardon by theOffended Party

1. Extinguishes thecriminal liabilityof the offender

1. Does NOTextinguish thecriminal liability

of the offender

2. Cannot include

civil liabilitywhich theoffender must

pay

2. Offended party

can waive the civilliability which theoffender must pay

3. Granted onlyAFTERCONVICTION,and may beextended to anyof the offenders

3. Pardon shouldbe givenBEFORE THEINSTITUTIONofcriminalprosecution, andmust extend toboth offenders

ART. 37. COSTS WHAT AREINCLUDED

The following are included in costs:1. Fees, and2. Indemnities, in the course of judicial

proceedings

ART. 38. PECUNIARY LIABILITIESORDER OF PAYMENT

The pecuniary liabilities of persons criminallyliable are the following:1. The reparation of the damage caused.2. Indemnification of the consequential

damages.3. Fine.4. Costs of proceedings.

WHEN IS ARTICLE 38 APPLICABLE?In case the property of the offender should notbe sufficient for the payment ofallhis pecuniaryliabilities, the order of payment is provided in thisarticle.

ART. 39. SUBSIDIARY PENALTY

1. A subsidiary penalty is a subsidiary personalliability to be suffered by the convict who hasno property with which to meet the fine.

2. There is no subsidiary penalty for non-payment of damages to the offended party.

ART. 45. CONFISCATION AND

FORFEITURE OF THE PROCEEDSOR INSTRUMENTS OF THE CRIME

OUTLINE OF THE PROVISION OF THISARTICLE:1. Every penalty imposed carries with it the

forfeiture of the proceeds of the crime and


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the instruments or tools used in thecommission of the crime

2. The proceeds and instruments or tools ofthe crime are confiscated and forfeited infavor of the Government

3. Property of a third person who is not liablefor the offense, is not subject to confiscationand forfeiture

4. Property not subject of lawful commerce(whether it belongs to the accused or to athird person) shall be destroyed

APPLICATION OF PENALTIES

ART. 46. PENALTY TO BE IMPOSEDUPON PRINCIPALS IN GENERAL

1. General rule: The penalty prescribed by lawin general terms shall be imposed upon theprincipals for a consummatedfelony.

2. Except: When the penalty to be imposedupon the principal in frustrated or attemptedfelony is fixed by law.

GRADUATION OF PENALTIES:1. BY DEGREES refers to (1) the stages of

execution (consummated, frustrated, or

attempted); and (2) the degree of thecriminal participation of the offender(whether as principal, accomplice, oraccessory).

2. BY PERIODS refers to the proper period ofthe penalty which should be imposed whenaggravating or mitigating circumstancesattend the commission of the crime

ART. 47. IN WHAT CASES THEDEATH PENALT Y SHALL NOT BE

IMPOSED

DEATH PENALTY IS NOT IMPOSED INTHE FOLLOWING CASES

1. UNDER AGE. When the offender is below18 years of age at the time of thecommission of the crime.

2. OVER AGE. When the guilty person is morethan seventy(70) years of age

3. NO COURT MAJORITY. When upon appealor automatic review of the case by theSupreme Court, the vote of eight membersis not obtained for the imposition of thedeath penalty.

CRIMES PUNISHABLE BY DEATHUNDER RA 7659

CODE:(MURDER CARNAPPING TRIPP QQD PARK)1. Murder2. Carnapping

3. Treason4. Rape5. Infanticide6. Plunder7. Parricide8. Qualified Piracy9. Qualified Bribery10. Violation of Certain provisions of the

Dangerous Drugs Act11. Piracy in general and Mutiny on the High

Seas or in the Philippines Waters12. DestructiveArson13. Robbery with Violation Against or

Intimidation of Persons14. Kidnapping and Serious Illegal Detention

ART. 48. COMPLEX CRIMESCONCEPT:1. In complex crime, although two or more

crimes are actually committed, theyconstitute only one crime in the eyes of thelaw as well as in the conscience of theoffender.

2. The offender have only one criminal intent,hence there is only one penalty imposed forthe commission of a complex crime

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