Professional Documents
Culture Documents
Art 1-20
Art 1-20
Criminal Law A branch of municipal law which defines crimes, treats of their nature and provides for
their punishment.
Limitations on the power of Congress to enact penal laws (ON)
1.
2.
3.
4.
If a case is pending in court involving the violation of the repealed law, the same shall be
If a case is already decided and the accused is already serving sentence by final judgment, if
the convict is not a habitual delinquent, then he will be entitled to a release unless there is a reservation
clause in the penal law that it will not apply to those serving sentence at the time of the repeal. But if
there is no reservation, those who are not habitual delinquents even if they are already serving their
sentence will receive the benefit of the repealing law. They are entitled to release.
If they are not discharged from confinement, a petition for habeas corpus should be filed to test the
legality of their continued confinement in jail.
If the convict, on the other hand, is a habitual delinquent, he will continue serving the sentence in spite of
the fact that the law under which he was convicted has already been absolutely repealed. This is so
because penal laws should be given retroactive application to favor only those who are not habitual
delinquents.
Consequences if repeal of penal law is partial or relative
(1)
If a case is pending in court involving the violation of the repealed law, and the repealing law is
more favorable to the accused, it shall be the one applied to him. So whether he is a habitual delinquent
or not, if the case is still pending in court, the repealing law will be the one to apply unless there is a
saving clause in the repealing law that it shall not apply to pending causes of action.
(2)
If a case is already decided and the accused is already serving sentence by final
judgment, even if the repealing law is partial or relative, the crime still remains to be a crime. Those who
are not habitual delinquents will benefit on the effect of that repeal, so that if the repeal is more lenient to
them, it will be the repealing law that will henceforth apply to them.
Under Article 22, even if the offender is already convicted and serving sentence, a law which is beneficial
shall be applied to him unless he is a habitual delinquent in accordance with Rule 5 of Article 62.
Consequences if repeal of penal law is express or implied
(1)
If a penal law is impliedly repealed, the subsequent repeal of the repealing law will revive the
original law. So the act or omission which was punished as a crime under the original law will be revived
and the same shall again be crimes although during the implied repeal they may not be
punishable.
(2)
If the repeal is express, the repeal of the repealing law will not revive the first law, so the act or
There is no crime when there is no law punishing the same. This is true to civil law countries, but not to
common law countries.
Because of this maxim, there is no common law crime in the Philippines. No matter how wrongful, evil or
bad the act is, if there is no law defining the act, the same is not considered a crime.
Actus non facit reum, nisi mens sit rea
The act cannot be criminal where the mind is not criminal. This is true to a felony characterized by dolo,
but not a felony resulting from culpa. This maxim is not an absolute one because it is not applied to
culpable felonies, or those that result from negligence.
Utilitarian Theory or Protective Theory
The primary purpose of the punishment under criminal law is the protection of society from actual and
potential wrongdoers. The courts, therefore, in exacting retribution for the wronged society, should direct
the punishment to potential or actual wrongdoers, since criminal law is directed against acts and
omissions which the society does not approve. Consistent with this theory, the mala prohibita principle
which punishes an offense regardless of malice or criminal intent, should not be utilized to apply the full
harshness of the special law.
Sources of Criminal Law
1.
The Revised Penal Code
2.
Special Penal Laws Acts enacted of the Philippine Legislature punishing offenses or omissions.
Construction of Penal Laws
1.
Criminal Statutes are liberally construed in favor of the offender. This means that no person shall
be brought within their terms who is not clearly within them, nor should any act be pronounced
criminal which is not clearly made so by statute.
2.
The original text in which a penal law is approved in case of a conflict with an official translation.
3.
Interpretation by analogy has no place in criminal law
MALA IN SE AND MALA PROHIBITA
Violations of the Revised Penal Code are referred to as malum in se, which literally means, that the act is
inherently evil or bad or per se wrongful. On the other hand, violations of special laws are generally
referred to as malum prohibitum.
Note, however, that not all violations of special laws are mala prohibita. While intentional felonies are
always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala
prohibita. Even if the crime is punished under a special law, if the act punished is one which is inherently
wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a valid
defense; unless it is the product of criminal negligence or culpa.
Likewise when the special laws requires that the punished act be committed knowingly and willfully,
criminal intent is required to be proved before criminal liability may arise.
When the act penalized is not inherently wrong, it is wrong only because a law punishes the same.
Distinction between crimes punished under the Revised Penal Code and crimes punished under
special laws
1.
In crimes punished under the Revised Penal Code, the moral trait of the offender is considered. This is
why liability would only arise when there is dolo or culpa in the commission of the punishable act.
In crimes punished under special laws, the moral trait of the offender is not considered; it is enough that
the prohibited act was voluntarily done.
2.
In crimes punished under the Revised Penal Code, good faith or lack of criminal intent is a valid defense;
unless the crime is the result of culpa
In crimes punished under special laws, good faith is not a defense
3.
In crimes punished under the Revised Penal Code, the degree of accomplishment of the crime is taken
into account in punishing the offender; thus, there are attempted, frustrated, and consummated stages in
the commission of the crime.
In crimes punished under special laws, the act gives rise to a crime only when it is consummated; there
are no attempted or frustrated stages, unless the special law expressly penalize the mere attempt or
frustration of the crime.
4.
In crimes punished under the Revised Penal Code, mitigating and aggravating circumstances are taken
into account in imposing the penalty since the moral trait of the offender is considered.
In crimes punished under special laws, mitigating and aggravating circumstances are not taken into
account in imposing the penalty.
5.
As to degree of participation
In crimes punished under the Revised Penal Code, when there is more than one offender, the degree of
participation of each in the commission of the crime is taken into account in imposing the penalty; thus,
offenders are classified as principal, accomplice and accessory.
In crimes punished under special laws, the degree of participation of the offenders is not considered. All
who perpetrated the prohibited act are penalized to the same extent. There is no principal or accomplice
or accessory to consider.
Test to determine if violation of special law is malum prohibitum or malum in se
Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you
remove the law, will the act still be wrong?
If the wording of the law punishing the crime uses the word willfully, then malice must be proven.
Where malice is a factor, good faith is a defense.
In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not a basis
of liability, unless the special law punishes an omission.
When given a problem, take note if the crime is a violation of the Revised Penal Code or a special law.
Art. 1. This Code shall take effect on January 1, 1932.
Art. 2. Except as provided in the treaties and laws of preferential application, the provisions of
this Code shall be enforced not only within the Philippine Archipelago including its atmosphere,
its interior waters and Maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations
and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or (Some of these crimes are bribery, fraud against national treasury, malversation of public
funds or property, and illegal use of public funds; e.g., A judge who accepts a bribe while in Japan.)
5. Should commit any crimes against the national security and the law of nations, defined in Title
One of Book Two of this Code. (These crimes include treason, espionage, piracy, mutiny, and violation
of neutrality)
French Rule Such crimes are not triable in the courts of that country, unless their commission
affects the peace and security of the territory or the safety of the state is endangered.
1.
English Rule Such crimes are triable in that country, unless they merely affect things within the
vessel or they refer to the internal management thereof. (This is applicable in the Philippines)
two situations where the foreign country may not apply its criminal law even if a crime was committed on
board a vessel within its territorial waters and these are:
(1)
When the crime is committed in a war vessel of a foreign country, because war vessels are
part of the sovereignty of the country to whose naval force they belong;
(2)
When the foreign country in whose territorial waters the crime was committed adopts
the French Rule, which applies only to merchant vessels, except when the crime committed affects the
national security or public order of such foreign country.
Under international law rule, a vessel which is not registered in accordance with the laws of any country is
considered a pirate vessel and piracy is a crime against humanity in general, such that wherever the
pirates may go, they can be prosecuted.
US v. Bull
A crime which occurred on board of a foreign vessel, which began when the ship was in a foreign territory
and continued when it entered into Philippine waters, is considered a continuing crime. Hence within the
jurisdiction of the local courts.
As a general rule, the Revised Penal Code governs only when the crime committed pertains to the
exercise of the public officials functions, those having to do with the discharge of their duties in a foreign
country. The functions contemplated are those, which are, under the law, to be performed by the public
officer in the Foreign Service of the Philippine government in a foreign country.
Exception: The Revised Penal Code governs if the crime was committed within the Philippine Embassy
or within the embassy grounds in a foreign country. This is because embassy grounds are considered an
extension of sovereignty.
Paragraph 5 of Article 2, use the phrase as defined in Title One of Book Two of this Code.
This is a very important part of the exception, because Title I of Book 2 (crimes against national
security) does not include rebellion.
Art 3. Acts and omissions punishable by law are felonies.
Omission failure to perform a duty required by law. Example of an omission: failure to render
by means of deceit (dolo) There is deceit when the act is performed with deliberate intent.
Requisites:
1.
freedom
2.
intelligence
3.
intent
Examples: murder, treason, and robbery
Criminal intent is not necessary in these cases:
(1)
When the crime is the product of culpa or negligence, reckless imprudence, lack of foresight or
lack of skill;
(2)
When the crime is a prohibited act under a special law or what is called malum prohibitum.
(2)
General criminal intent is presumed from the mere doing of a wrong act. This does not require proof.
The burden is upon the wrong doer to prove that he acted without such criminal intent.
Specific criminal intent is not presumed because it is an ingredient or element of a crime, like intent to
kill in the crimes of attempted or frustrated homicide/parricide/murder. The prosecution has the burden of
proving the same.
Distinction between intent and discernment
Intent is the determination to do a certain thing, an aim or purpose of the mind. It is the design to resolve
or determination by which a person acts.
On the other hand, discernment is the mental capacity to tell right from wrong. It relates to the moral
significance that a person ascribes to his act and relates to the intelligence as an element of dolo, distinct
from intent.
Distinction between intent and motive
Intent is demonstrated by the use of a particular means to bring about a desired result it is not a state
of mind or a reason for committing a crime.
On the other hand, motive implies motion. It is the moving power which impels one to do an act. When
there is motive in the commission of a crime, it always comes before the intent. But a crime may be
committed without motive.
If the crime is intentional, it cannot be committed without intent. Intent is manifested by the instrument
used by the offender. The specific criminal intent becomes material if the crime is to be distinguished
from the attempted or frustrated stage.
1.
by means of fault (culpa) There is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
1.
Imprudence deficiency of action; e.g. A was driving a truck along a road. He hit B because it
was raining reckless imprudence.
2.
Negligence - deficiency of perception; failure to foresee impending danger, usually involves lack
of foresight
3.
c.
Requisites:
1.
Freedom
2.
Intelligence
3.
Imprudence, negligence, lack of skill or foresight
4.
Lack of intent
The concept of criminal negligence is the inexcusable lack of precaution on the part of the person
performing or failing to perform an act. If the danger impending from that situation is clearly manifest, you
have a case of reckless imprudence. But if the danger that would result from such imprudence is not
clear, not manifest nor immediate you have only a case ofsimple negligence.
Mistake of fact is a misapprehension of fact on the part of the person who caused injury to
another. He is not criminally liable.
a. Requisites:
1.
that the act done would have been lawful had the facts been as the accused believed them to be;
2.
intention of the accused is lawful;
3.
mistake must be without fault of carelessness.
Example: United States v. Ah Chong.
Ah Chong being afraid of bad elements, locked himself in his room by placing a chair against the door.
After having gone to bed, he was awakened by somebody who was trying to open the door. He asked the
identity of the person, but he did not receive a response. Fearing that this intruder was a robber, he
leaped out of bed and said that he will kill the intruder should he attempt to enter. At that moment, the
chair struck him. Believing that he was attacked, he seized a knife and fatally wounded the intruder.
Mistake of fact would be relevant only when the felony would have been intentional or through dolo, but
not when the felony is a result of culpa. When the felony is a product of culpa, do not discuss mistake of
fact.
Art. 4. Criminal liability shall be incurred:
1. By any person committing a felony, although the wrongful act done be different from
that which he intended.
Article 4, paragraph 1 presupposes that the act done is the proximate cause of the resulting felony. It
must be the direct, natural, and logical consequence of the felonious act.
1.
upon whom the blow was directed, but he was not really the intended victim.
How does error in personae affect criminal liability of the offender?
Error in personae is mitigating if the crime committed is different from that which was intended. If the
crime committed is the same as that which was intended, error in personae does not affect the criminal
liability of the offender.
In mistake of identity, if the crime committed was the same as the crime intended, but on a different
victim, error in persona does not affect the criminal liability of the offender. But if the crime committed
was different from the crime intended, Article 49 will apply and the penalty for the lesser crime will be
applied. In a way, mistake in identity is a mitigating circumstance where Article 49 applies. Where the
crime intended is more serious than the crime committed, the error in persona is not a mitigating
circumstance
2.
Mistake in blow hitting somebody other than the target due to lack of skill or fortuitous
instances (this is a complex crime under Art. 48) e.g., B and C were walking together. A wanted to
shoot B, but he instead injured C.
In aberratio ictus, a person directed the blow at an intended victim, but because of poor aim, that
blow landed on somebody else. In aberratio ictus, the intended victim as well as the actual victim are
both at the scene of the crime.
aberratio ictus, generally gives rise to a complex crime. This being so, the penalty for the more
serious crime is imposed in the maximum period.
9
3.
Injurious result is greater than that intended causing injury graver than intended or expected
(this is a mitigating circumstance due to lack of intent to commit so grave a wrong under Art. 13)
e.g., A wanted to injure B. However, B died.
praeter intentionem is mitigating, particularly covered by paragraph 3 of Article 13. In order
however, that the situation may qualify as praeter intentionem, there must be a notable disparity between
the means employed and the resulting felony
In all these instances the offender can still be held criminally liable, since he is motivated by
criminal intent.
Requisites:
1.
the felony was intentionally committed
2.
the felony is the proximate cause of the wrong done
Doctrine of Proximate Cause such adequate and efficient cause as, in the natural order of
events, and under the particular circumstances surrounding the case, which would necessarily
produce the event.
Requisites:
1.
the direct, natural, and logical cause
2.
produces the injury or damage
3.
unbroken by any sufficient intervening cause
4.
without which the result would not have occurred
Requisite for Presumption blow was cause of the death Where there has been an injury inflicted
sufficient to produce death followed by the demise of the person, the presumption arises that the
injury was the cause of the death. Provided:
1.
victim was in normal health
2.
death ensued within a reasonable time
The one who caused the proximate cause is the one liable. The one who caused the immediate
cause is also liable, but merely contributory or sometimes totally not liable.
2. By any person performing an act which would be an offense against persons or property, were
it not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means.
1.
10
2.
3.
When we say inherent impossibility, this means that under any and all circumstances, the crime could not
have materialized. If the crime could have materialized under a different set of facts, employing the same
mean or the same act, it is not an impossible crime; it would be an attempted felony.
Employment of inadequate means: A used poison to kill B. However, B survived because A used
small quantities of poison frustrated murder.
Ineffectual means: A aimed his gun at B. When he fired the gun, no bullet came out because the
gun was empty. A is liable.
Whenever you are confronted with a problem where the facts suggest that an impossible crime was
committed, be careful about the question asked. If the question asked is: Is an impossible crime
committed?, then you judge that question on the basis of the facts. If really the facts constitute an
impossible crime, then you suggest than an impossible crime is committed, then you state the reason for
the inherent impossibility.
If the question asked is Is he liable for an impossible crime?, this is a catching question. Even
though the facts constitute an impossible crime, if the act done by the offender constitutes some other
crimes under the Revised Penal Code, he will not be liable for an impossible crime. He will be
prosecuted for the crime constituted so far by the act done by him.
this idea of an impossible crime is a one of last resort, just to teach the offender a lesson because
of his criminal perversity. If he could be taught of the same lesson by charging him with some other crime
constituted by his act, then that will be the proper way. If you want to play safe, you state there that
although an impossible crime is constituted, yet it is a principle of criminal law that he will only be
penalized for an impossible crime if he cannot be punished under some other provision of the Revised
Penal Code.
Art 5. Whenever a court has knowledge of any act which it may deem proper to repress and which is not
punishable by law, it shall render the proper decision and shall report to the Chief Executive, through the
Department of Justice, the reasons which induce the court to believe that said act should be made subject
of legislation.
In the same way the court shall submit to the Chief Executive, through the Department of Justice,
such statement as may be deemed proper, without suspending the execution of the sentence,
when a strict enforcement of the provisions of this Code would result in the imposition of a clearly
excessive penalty, taking into consideration the degree of malice and the injury caused by the
offense.
When a person is charged in court, and the court finds that there is no law applicable, the court will
acquit the accused and the judge will give his opinion that the said act should be punished.
11
Paragraph 2 does not apply to crimes punishable by special law, including profiteering, and illegal
possession of firearms or drugs. There can be no executive clemency for these crimes.
Art. 6. Consummated felonies, as well as those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony by reason of
some cause or accident other than his own spontaneous desistance.
Development of a crime
1.
2.
1.
2.
Frustrated
Consummated
12
3.
4.
Impossible Crimes
Crimes consummated by mere attempt. Examples: attempt to flee to an enemy country, treason,
corruption of minors.
5.
Felonies by omission
6.
Crimes committed by mere agreement. Examples:
betting in sports (endings in basketball),
corruption of public officers.
Desistance
Desistance on the part of the offender negates criminal liability in the attempted stage. Desistance
is true only in the attempted stage of the felony. If under the definition of the felony, the act done is
already in the frustrated stage, no amount of desistance will negate criminal liability.
The spontaneous desistance of the offender negates only the attempted stage but not necessarily
all criminal liability. Even though there was desistance on the part of the offender, if the desistance was
made when acts done by him already resulted to a felony, that offender will still be criminally liable for the
felony brought about his act
In deciding whether a felony is attempted or frustrated or consummated, there are three criteria
involved:
(1)
(2)
(3)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
subjective phase, it is that point in time when the offender begins the commission of an overt act until that
point where he loses control of the commission of the crime already. If he has reached that point where
he can no longer control the ensuing consequence, the crime has already passed the subjective phase
and, therefore, it is no longer attempted. The moment the execution of the crime has already gone to that
point where the felony should follow as a consequence, it is either already frustrated or consummated. If
the felony does not follow as a consequence, it is already frustrated. If the felony follows as a
consequence, it is consummated.
although the offender may not have done the act to bring about the felony as a consequence, if he
could have continued committing those acts but he himself did not proceed because he believed that he
had done enough to consummate the crime, Supreme Court said the subjective phase has passed
13
NOTES ON ARSON;
The weight of the authority is that the crime of arson cannot be committed in the frustrated stage.
The reason is because we can hardly determine whether the offender has performed all the acts of
execution that would result in arson, as a consequence, unless a part of the premises has started to
burn. On the other hand, the moment a particle or a molecule of the premises has blackened, in law,
arson is consummated. This is because consummated arson does not require that the whole of the
premises be burned. It is enough that any part of the premises, no matter how small, has begun to burn.
ESTAFA VS. THEFT
In estafa, the offender receives the property; he does not take it. But in receiving the property, the
recipient may be committing theft, not estafa, if what was transferred to him was only the physical or
material possession of the object. It can only be estafa if what was transferred to him is not only material
or physical possession but juridical possession as well.
When you are discussing estafa, do not talk about intent to gain. In the same manner that when
you are discussing the crime of theft, do not talk of damage.
Nature of the crime itself
In crimes involving the taking of human life parricide, homicide, and murder in the definition of
the frustrated stage, it is indispensable that the victim be mortally wounded. Under the definition of the
frustrated stage, to consider the offender as having performed all the acts of execution, the acts already
done by him must produce or be capable of producing a felony as a consequence. The general rule is
that there must be a fatal injury inflicted, because it is only then that death will follow.
If the wound is not mortal, the crime is only attempted. The reason is that the wound inflicted is not
capable of bringing about the desired felony of parricide, murder or homicide as a consequence; it cannot
be said that the offender has performed all the acts of execution which would produce parricide, homicide
or murder as a result.
An exception to the general rule is the so-called subjective phase. The Supreme Court has decided
cases which applied the subjective standard that when the offender himself believed that he had
performed all the acts of execution, even though no mortal wound was inflicted, the act is already in the
frustrated stage.
The common notion is that when there is conspiracy involved, the participants are punished as
principals. This notion is no longer absolute. In the case of People v. Nierra,the Supreme Court ruled
that even though there was conspiracy, if a co-conspirator merely cooperated in the commission of the
crime with insignificant or minimal acts, such that even without his cooperation, the crime could be carried
out as well, such co-conspirator should be punished as an accomplice only.
Art. 7. Light felonies are punishable only when they have been consummated with the exception of those
committed against persons or property.
Examples of light felonies: slight physical injuries; theft; alteration of boundary marks; malicious
mischief; and intriguing against honor.
In commission of crimes against properties and persons, every stage of execution is punishable
but only the principals and accomplices are liable for light felonies, accessories are not.
14
Art. 8. Conspiracy and proposal to commit felony are punishable only in the cases in which the law
specially provides a penalty therefore.
A conspiracy exists when two or more persons come to an agreement concerning the commission
of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to
some other person or persons.
Conspiracy is punishable in the following cases: treason, rebellion or insurrection, sedition, and
Element
s
1.
2.
3.
4.
5.
Crimes
Proposal
Agreement among 2 or
more persons to commit a
crime
They decide to commit it
A person has decided to
commit a crime
He proposes its
commission to another
Conspiracy to commit
sedition
Conspiracy to commit
rebellion
Conspiracy to commit
treason
Proposal to commit treason
Proposal to commit
rebellion
Mere conspiracy in combination in restraint of trade (Art. 186), and brigandage (Art. 306).
There is an agreement.
(2)
The participants acted in concert or simultaneously which is indicative of a meeting of the minds
towards a common criminal goal or criminal objective. When several offenders act in a synchronized,
coordinated manner, the fact that their acts complimented each other is indicative of the meeting of the
minds. There is an implied agreement.
15
(2)
mere conspiracy is the crime itself. This is only true when the law expressly punishes the mere
conspiracy; otherwise, the conspiracy does not bring about the commission of the crime because
conspiracy is not an overt act but a mere preparatory act. Treason, rebellion, sedition, and coup detat
are the only crimes where the conspiracy and proposal to commit to them are punishable.
When the conspiracy is only a basis of incurring criminal liability, there must be an overt act done
before the co-conspirators become criminally liable. For as long as none of the conspirators has
committed an overt act, there is no crime yet. But when one of them commits any overt act, all of them
shall be held liable, unless a co-conspirator was absent from the scene of the crime or he showed up, but
he tried to prevent the commission of the crime.
As a general rule, if there has been a conspiracy to commit a crime in a particular place, anyone
who did not appear shall be presumed to have desisted. The exception to this is if such person who did
not appear was the mastermind.
For as long as none of the conspirators has committed an overt act, there is no crime yet. But when
one of them commits any overt act, all of them shall be held liable, unless a co-conspirator was absent
from the scene of the crime or he showed up, but he tried to prevent the commission of the crime
As a general rule, if there has been a conspiracy to commit a crime in a particular place, anyone
who did not appear shall be presumed to have desisted. The exception to this is if such person who did
not appear was the mastermind.
When the conspiracy itself is a crime, this cannot be inferred or deduced because there is no overt
act. All that there is the agreement. On the other hand, if the co-conspirator or any of them would
execute an overt act, the crime would no longer be the conspiracy but the overt act itself.
conspiracy as a crime, must have a clear and convincing evidence of its existence. Every crime
must be proved beyond reasonable doubt. it must be established by positive and conclusive evidence,
not by conjectures or speculations.
When the conspiracy is just a basis of incurring criminal liability, however, the same may be deduced
or inferred from the acts of several offenders in carrying out the commission of the crime. The existence
of a conspiracy may be reasonably inferred from the acts of the offenders when such acts disclose or
show a common pursuit of the criminal objective.
mere knowledge, acquiescence to, or approval of the act, without cooperation or at least,
agreement to cooperate, is not enough to constitute a conspiracy. There must be an intentional
participation in the crime with a view to further the common felonious objective.
When several persons who do not know each other simultaneously attack the victim, the act of one
is the act of all, regardless of the degree of injury inflicted by any one of them. All will be liable for the
consequences. A conspiracy is possible even when participants are not known to each other. Do not
think that participants are always known to each other.
Conspiracy is a matter of substance which must be alleged in the information, otherwise, the court
will not consider the same.
16
Proposal is true only up to the point where the party to whom the proposal was made has not yet
accepted the proposal. Once the proposal was accepted, a conspiracy arises. Proposal is unilateral, one
party makes a proposition to the other; conspiracy is bilateral, it requires two parties.
SEDITION;
Proposal to commit sedition is not a crime. But if Union B accepts the proposal, there will be conspiracy
to commit sedition which is a crime under the Revised Penal Code.
Composite crimes
Composite crimes are crimes which, in substance, consist of more than one crime but in the eyes
of the law, there is only one crime. For example, the crimes of robbery with homicide, robbery with rape,
robbery with physical injuries.
In case the crime committed is a composite crime, the conspirator will be liable for all the acts
committed during the commission of the crime agreed upon. This is because, in the eyes of the law, all
those acts done in pursuance of the crime agreed upon are acts which constitute a single crime.
As a general rule, when there is conspiracy, the rule is that the act of one is the act of all. This
principle applies only to the crime agreed upon.
The exception is if any of the co-conspirator would commit a crime not agreed upon. This happens
when the crime agreed upon and the crime committed by one of the co-conspirators are distinct crimes.
Exception to the exception: In acts constituting a single indivisible offense, even though the coconspirator performed different acts bringing about the composite crime, all will be liable for such crime.
They can only evade responsibility for any other crime outside of that agreed upon if it is proved that the
particular conspirator had tried to prevent the commission of such other act.
Art. 9. Grave felonies are those to which the law attaches the capital punishment or penalties which in
any of their are afflictive, in accordance with Article 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum
period are correctional, in accordance with the above-mentioned article.
Light felonies are those infractions of law for the commission of which he penalty of arresto
mayor or a fine not exceeding 200 pesos, or both is provided.
Penalties (imprisonment): Grave six years and one day to reclusion perpetua (life); Less grave
one month and one day to six years; Light arresto menor (one day to 30 days).
CLASSIFICATION OF FELONIES
This question was asked in the bar examination: How do you classify felonies or how are felonies
classified?
What the examiner had in mind was Articles 3, 6 and 9. Do not write the classification of felonies under
Book 2 of the Revised Penal Code. That was not what the examiner had in mind because the question
does not require the candidate to classify but also to define. Therefore, the examiner was after the
classifications under Articles 3, 6 and 9.
Felonies are classified as follows:
(1)
17
Under Article 3, they are classified as, intentional felonies or those committed with deliberate intent; and
culpable felonies or those resulting from negligence, reckless imprudence, lack of foresight or lack of skill.
(2)
Under Article 6., felonies are classified as attempted felony when the offender commences the
commission of a felony directly by overt acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than his own spontaneous desistance;
frustrated felony when the offender commences the commission of a felony as a consequence but which
would produce the felony as a consequence but which nevertheless do not produce the felony by reason
of causes independent of the perpetrator; and, consummated felony when all the elements necessary for
its execution are present.
(3)
Under Article 9, felonies are classified as grave felonies or those to which attaches the capital punishment
or penalties which in any of their periods are afflictive; less grave felonies or those to which the law
punishes with penalties which in their maximum period was correccional; and light felonies or those
infractions of law for the commission of which the penalty is arresto menor.
Why is it necessary to determine whether the crime is grave, less grave or light?
To determine whether these felonies can be complexed or not, and to determine the prescription of the
crime and the prescription of the penalty. In other words, these are felonies classified according to their
gravity, stages and the penalty attached to them. Take note that when the Revised Penal Code speaks of
grave and less grave felonies, the definition makes a reference specifically to Article 25 of the Revised
Penal Code. Do not omit the phrase In accordance with Article 25 because there is also a classification
of penalties under Article 26 that was not applied.
If the penalty is fine and exactly P200.00, it is only considered a light felony under Article 9.
If the fine is imposed as an alternative penalty or as a single penalty, the fine of P200.00 is considered a
correctional penalty under Article 26.
If the penalty is exactly P200.00, apply Article 26. It is considered as correctional penalty and it
prescribes in 10 years. If the offender is apprehended at any time within ten years, he can be made to
suffer the fine.
This classification of felony according to gravity is important with respect to the question of prescription of
crimes.
In the case of light felonies, crimes prescribe in two months. If the crime is correctional, it prescribes in
ten years, except arresto mayor, which prescribes in five years.
Art. 10. Offenses which are or in the future may be punishable under special laws are not subject
to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter
should specially provide the contrary.
For Special Laws: Penalties should be imprisonment, and not reclusion perpetua, etc.
Offenses that are attempted or frustrated are not punishable, unless otherwise stated.
18
1.
2.
3.
Justifying circumstances;
19
(2)
Exempting circumstances;
(3)
Mitigating circumstances;
(4)
(5)
Alternative circumstances.
There are two others which are found elsewhere in the provisions of the Revised Penal Code:
(1)
(2)
Extenuating circumstances.
In justifying and exempting circumstances, there is no criminal liability. When an accused invokes them,
he in effect admits the commission of a crime but tries to avoid the liability thereof. The burden is upon
him to establish beyond reasonable doubt the required conditions to justify or exempt his acts from
criminal liability. What is shifted is only the burden of evidence, not the burden of proof.
Justifying circumstances contemplate intentional acts and, hence, are incompatible with dolo. Exempting
circumstances may be invoked in culpable felonies.
Absolutory cause
The effect of this is to absolve the offender from criminal liability, although not from civil liability. It has the
same effect as an exempting circumstance, but you do not call it as such in order not to confuse it with
the circumstances under Article 12.
Article 20 provides that the penalties prescribed for accessories shall not be imposed upon those who are
such with respect to their spouses, ascendants, descendants, legitimate, natural and adopted brothers
and sisters, or relatives by affinity within the same degrees with the exception of accessories who profited
themselves or assisting the offender to profit by the effects of the crime.
Then, Article 89 provides how criminal liability is extinguished:
Death of the convict as to the personal penalties, and as to pecuniary penalties, liability therefor is
extinguished if death occurs before final judgment;
Service of the sentence;
Amnesty;
Absolute pardon;
Prescription of the crime;
Prescription of the penalty; and
Marriage of the offended woman as provided in Article 344.
Under Article 247, a legally married person who kills or inflicts physical injuries upon his or her spouse
whom he surprised having sexual intercourse with his or her paramour or mistress in not criminally liable.
Under Article 219, discovering secrets through seizure of correspondence of the ward by their guardian is
not penalized.
20
Under Article 332, in the case of theft, swindling and malicious mischief, there is no criminal liability but
only civil liability, when the offender and the offended party are related as spouse, ascendant,
descendant, brother and sister-in-law living together or where in case the widowed spouse and the
property involved is that of the deceased spouse, before such property had passed on to the possession
of third parties.
Under Article 344, in cases of seduction, abduction, acts of lasciviousness, and rape, the marriage of the
offended party shall extinguish the criminal action.
Absolutory cause has the effect of an exempting circumstance and they are predicated on lack of
voluntariness like instigation. Instigation is associated with criminal intent. Do not consider culpa in
connection with instigation. If the crime is culpable, do not talk of instigation. In instigation, the crime is
committed with dolo. It is confused with entrapment.
Entrapment is not an absolutory cause. Entrapment does not exempt the offender or mitigate his criminal
liability. But instigation absolves the offender from criminal liability because in instigation, the offender
simply acts as a tool of the law enforcers and, therefore, he is acting without criminal intent because
without the instigation, he would not have done the criminal act which he did upon instigation of the law
enforcers.
Difference between instigation and entrapment
In instigation, the criminal plan or design exists in the mind of the law enforcer with whom the person
instigated cooperated so it is said that the person instigated is acting only as a mere instrument or tool of
the law enforcer in the performance of his duties.
On the other hand, in entrapment, a criminal design is already in the mind of the person entrapped. It
did not emanate from the mind of the law enforcer entrapping him. Entrapment involves only ways and
means which are laid down or resorted to facilitate the apprehension of the culprit.
The element which makes instigation an absolutory cause is the lack of criminal intent as an element of
voluntariness.
If the instigator is a law enforcer, the person instigated cannot be criminally liable, because it is the law
enforcer who planted that criminal mind in him to commit the crime, without which he would not have
been a criminal. If the instigator is not a law enforcer, both will be criminally liable, you cannot have a
case of instigation. In instigation, the private citizen only cooperates with the law enforcer to a point when
the private citizen upon instigation of the law enforcer incriminates himself. It would be contrary to public
policy to prosecute a citizen who only cooperated with the law enforcer. The private citizen believes that
he is a law enforcer and that is why when the law enforcer tells him, he believes that it is a civil duty to
cooperate.
If the person instigated does not know that the person is instigating him is a law enforcer or he knows him
to be not a law enforcer, this is not a case of instigation. This is a case of inducement, both will be
criminally liable.
In entrapment, the person entrapped should not know that the person trying to entrap him was a law
enforcer. The idea is incompatible with each other because in entrapment, the person entrapped is
actually committing a crime. The officer who entrapped him only lays down ways and means to have
evidence of the commission of the crime, but even without those ways and means, the person entrapped
is actually engaged in a violation of the law.
21
Instigation absolves the person instigated from criminal liability. This is based on the rule that a person
cannot be a criminal if his mind is not criminal. On the other hand, entrapment is not an absolutory
cause. It is not even mitigating.
In case of somnambulism or one who acts while sleeping, the person involved is definitely acting without
freedom and without sufficient intelligence, because he is asleep. He is moving like a robot, unaware of
what he is doing. So the element of voluntariness which is necessary in dolo and culpa is not present.
Somnambulism is an absolutory cause. If element of voluntariness is absent, there is no criminal liability,
although there is civil liability, and if the circumstance is not among those enumerated in Article 12, refer
to the circumstance as an absolutory cause.
Mistake of fact is an absolutory cause. The offender is acting without criminal intent. So in mistake of
fact, it is necessary that had the facts been true as the accused believed them to be, this act is justified.
If not, there is criminal liability, because there is no mistake of fact anymore. The offender must believe
he is performing a lawful act.
Extenuating circumstances
The effect of this is to mitigate the criminal liability of the offender. In other words, this has the same
effect as mitigating circumstances, only you do not call it mitigating because this is not found in Article 13.
Illustrations:
An unwed mother killed her child in order to conceal a dishonor. The concealment of dishonor is an
extenuating circumstance insofar as the unwed mother or the maternal grandparents is concerned, but
not insofar as the father of the child is concerned. Mother killing her new born child to conceal her
dishonor, penalty is lowered by two degrees. Since there is a material lowering of the penalty or
mitigating the penalty, this is an extenuating circumstance.
The concealment of honor by mother in the crime of infanticide is an extenuating circumstance but not in
the case of parricide when the age of the victim is three days old and above.
In the crime of adultery on the part of a married woman abandoned by her husband, at the time she was
abandoned by her husband, is it necessary for her to seek the company of another man. Abandonment
by the husband does not justify the act of the woman. It only extenuates or reduces criminal liability.
When the effect of the circumstance is to lower the penalty there is an extenuating circumstance.
A kleptomaniac is one who cannot resist the temptation of stealing things which appeal to his desire. This
is not exempting. One who is a kleptomaniac and who would steal objects of his desire is criminally
liable. But he would be given the benefit of a mitigating circumstance analogous to paragraph 9 of Article
13, that of suffering from an illness which diminishes the exercise of his will power without, however,
depriving him of the consciousness of his act. So this is an extenuating circumstance. The effect is to
mitigate the criminal liability.
Distinctions between justifying circumstances and exempting circumstances
In justifying circumstances
(1)
22
(2)
The act complained of is considered to have been done within the bounds of law; hence, it
Since the act is considered lawful, there is no crime, and because there is no crime, there is
no criminal;
(4)
Since there is no crime or criminal, there is no criminal liability as well as civil liability.
In exempting circumstances
(1)
(2)
The act complained of is actually wrongful, but the actor acted without voluntariness. He is
Since the act complained of is actually wrongful, there is a crime. But because the actor
Since there is a crime committed but there is no criminal, there is civil liability for the wrong
done. But there is no criminal liability. However, in paragraphs 4 and 7 of Article 12, there is neither
criminal nor civil liability.
When you apply for justifying or exempting circumstances, it is confession and avoidance and burden of
proof shifts to the accused and he can no longer rely on weakness of prosecutions evidence.
[1]The difference between murder and homicide will be discussed in Criminal Law II. These
crimes are found in Articles 248 and 249, Book II of the Revised Penal Code.
[2] The difference between theft and robbery will be discussed in Criminal Law II. These crimes
are found in Title Ten, Chapters One and Three, Book II of the Revised Penal Code.
Art. 11: Justifying Circumstances those wherein the acts of the actor are in accordance with
law, hence, he is justified. There is no criminal and civil liability because there is no crime.
Self-defense
1.
Reason for lawfulness of self-defense: because it would be impossible for the State to protect all
its citizens. Also a person cannot just give up his rights without any resistance being offered.
2.
Rights included in self-defense:
1. Defense of person
2. Defense of rights protected by law
1.
Defense of property:
a. The owner or lawful possessor of a thing has a right to exclude any person from the enjoyment or
disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or
23
prevent an actual or threatened unlawful physical invasion or usurpation of his property. (Art. 429, New
Civil Code)
b.
defense of chastity
3.
1.
Elements:
1.
Unlawful Aggression- is a physical act manifesting danger to life or limb; it is either actual
or imminent.
1.
Actual/real aggression Real aggression presupposes an act positively strong, showing
the wrongful intent of the aggressor, which is not merely threatening or intimidating attitude,
but a material attack. There must be real danger to life a personal safety.
2.
Imminent unlawful aggression it is an attack that is impending or on the point of
happening. It must not consist in a mere threatening attitude, nor must it be merely
imaginary. The intimidating attitude must be offensive and positively strong.
3.
Where there is an agreement to fight, there is no unlawful aggression. Each of the
protagonists is at once assailant and assaulted, and neither can invoke the right of selfdefense, because aggression which is an incident in the fight is bound to arise from one or
the other of the combatants. Exception: Where the attack is made in violation of the
conditions agreed upon, there may be unlawful aggression.
4.
Unlawful aggression in self-defense, to be justifying, must exist at the time the defense is
made. It may no longer exist if the aggressor runs away after the attack or he has
manifested a refusal to continue fighting. If the person attacked allowed some time to
elapse after he suffered the injury before hitting back, his act of hitting back would not
constitute self-defense, but revenge.
A light push on the head with the hand is not unlawful aggression, but a slap on the face is,
a.
Requisites:
Means were used to prevent or repel
Means must be necessary and there is no other way to prevent or repel it
Means must be reasonable depending on the circumstances, but generally proportionate to the
The gauge of reasonable necessity is the instinct of self-preservation, i.e. a person did not use his
rational mind to pick a means of defense but acted out of self-preservation, using the nearest or
only means available to defend himself, even if such means be disproportionately advantageous
as compared with the means of violence employed by the aggressor.
Reasonableness of the means depends on the nature and the quality of the weapon used,
physical condition, character, size and other circumstances.
1.
24
Defense of Relative
A. Elements:
1.
unlawful aggression
2.
reasonable necessity of the means employed to prevent or repel the attack;
3.
in case provocation was given by the person attacked, that the person making the defense had
no part in such provocation.
B. Relatives entitled to the defense:
1.
spouse
2.
ascendants
3.
descendants
4.
legitimate, natural or adopted brothers or sisters
5.
relatives by affinity in the same degree
6.
relatives by consanguinity within the 4th civil degree.
The third element need not take place. The relative defended may even be the original
aggressor. All that is required to justify the act of the relative defending is that he takes no part in
such provocation.
General opinion is to the effect that all relatives mentioned must be legitimate, except in cases of
brothers and sisters who, by relatives by nature, may be illegitimate.
The unlawful aggression may depend on the honest belief of the person making the defense.
Defense of Stranger
A. Elements
1.
unlawful aggression
2.
reasonable necessity of the means employed to prevent or repel the attack;
3.
the person defending be not induced by revenge, resentment or other evil motive.
25
2.
3.
1.
Any person who, in order to avoid an evil or injury, does an act which causes damage to another,
provided that the following requisites are present:
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it; and
1.
2.
1.
1.
2.
2.
Third. That there be no other practical and less harmful means of preventing it.
A state of necessity exists when there is a clash between unequal rights, the lesser right giving
way to the greater right. Aside from the 3 requisites stated in the law, it should also be added that
the necessity must not be due to the negligence or violation of any law by the actor.
The person for whose benefit the harm has been prevented shall be civilly liable in proportion to
the benefit which may have been received. This is the only justifying circumstance which provides
for the payment of civil indemnity. Under the other justifying circumstances, no civil liability
attaches. The courts shall determine, in their sound discretion, the proportionate amount for which
law one is liable
Fulfillment of Duty or Lawful Exercise of a Right or Office
Elements:
that the accused acted in the performance of a duty, or in the lawful exercise of a right or office;
that the injury caused or offense committed be the necessary consequence of the due
performance of the duty, or the lawful exercise of such right or office.
A police officer is justified in shooting and killing a criminal who refuses to stop when ordered to
do so, and after such officer fired warning shots in the air.
shooting an offender who refused to surrender is justified, but not a thief who refused to be
arrested.
The accused must prove that he was duly appointed to the position he claimed he was
discharging at the time of the commission of the offense. It must be made to appear not only that
the injury caused or the offense committed was done in the fulfillment of a duty, or in the lawful
exercise of a right or office, but that the offense committed was a necessary consequence of such
fulfillment of duty, or lawful exercise of a right or office.
4.
A mere security guard has no authority or duty to fire at a thief, resulting in the latters death.
1.
1.
2.
3.
2.
Elements:
there is an order;
the order is for a legal purpose;
the means used to carry out said order is lawful.
The subordinate who is made to comply with the order is the party which may avail of this
circumstance. The officer giving the order may not invoke this.
3.
The subordinates good faith is material here. If he obeyed an order in good faith, not being
aware of its illegality, he is not liable. However, the order must not be patently illegal. If the order
is patently illegal this circumstance cannot be validly invoked.
26
4.
5.
The reason for this justifying circumstance is the subordinates mistake of fact in good faith.
Even if the order be patently illegal, the subordinate may yet be able to invoke the exempting
circumstances of having acted under the compulsion of an irresistible force, or under the impulse
of an uncontrollable fear.
EXEMPTING CIRCUMSTANCES
Exempting circumstances (non-imputability) are those ground for exemption from punishment
because there is wanting in the agent of the crime of any of the conditions which make the act
voluntary, or negligent.
Basis: The exemption from punishment is based on the complete absence of intelligence,
freedom of action, or intent, or on the absence of negligence on the part of the accused.
A person who acts WITHOUT MALICE (without intelligence, freedom of action or intent) or
WITHOUT NEGLIGENCE (without intelligence, freedom of action or fault) is NOT CRIMINALLY
LIABLE or is EXEMPT FROM PUNISHMENT.
There is a crime committed but no criminal liability arises from it because of the complete
absence of any of the conditions which constitute free will or voluntariness of the act.
Burden of proof: Any of the circumstances is a matter of defense and must be proved by the
When the imbecile or an insane person has committed an act which the law defines as a felony
(delito), the court shall order his confinement on one of the hospital or asylums established for
persons thus afflicted. He shall not be permitted to leave without first obtaining the permission of
the same court.
Requisites:
1.
Offender is an imbecile
2.
Offender was insane at the time of the commission of the crime
IMBECILITY OR INSANITY
An imbecile is exempt in all cases from criminal liability. The insane is not so exempt if it can be
shown that he acted during a lucid interval. In the latter, loss of consciousness of ones acts and
not merely abnormality of mental faculties will qualify ones acts as those of an insane.
Procedure: court is to order the confinement of such persons in the hospitals or asylums
established. Such persons will not be permitted to leave without permission from the court. The
court, on the other hand, has no power to order such permission without first obtaining the opinion
of the DOH that such persons may be released without danger.
Presumption is always in favor of sanity. The defense has the burden to prove that the accused
was insane at the time of the commission of the crime. For the ascertainment such mental
condition of the accused, it is permissible to receive evidence of the condition of his mind during a
reasonable period both before and after that time. Circumstantial evidence which is clear and
convincing will suffice. An examination of the outward acts will help reveal the thoughts, motives
and emotions of a person and if such acts conform to those of people of sound mind.
Insanity at the time of the commission of the crime and not that at the time of the trial will exempt
one from criminal liability. In case of insanity at the time of the trial, there will be a suspension of
the trial until the mental capacity of the accused is restored to afford him a fair trial.
27
Evidence of insanity must refer to the time preceding the act under prosecution or to the very
moment of its execution. Without such evidence, the accused is presumed to be sane when he
committed the crime. Continuance of insanity which is occasional or intermittent in nature will not
be presumed. Insanity at another time must be proved to exist at the time of the commission of the
crime. A person is also presumed to have committed a crime in one of the lucid intervals.
Continuance of insanity will only be presumed in cases wherein the accused has been adjudged
insane or has been committed to a hospital or an asylum for the insane.
Instances of Insanity:
Reyes: Feeblemindedness is not imbecility because the offender can distinguish right from
wrong. An imbecile and an insane to be exempted must not be able to distinguish right from
wrong.
Relova: Feeblemindedness is imbecility.
Crimes committed while in a dream, by a somnambulist are embraced in the plea of insanity.
1.
2.
1.
2.
3.
MINORITY
Under nine years to be construed nine years or less. Such was inferred from the next
subsequent paragraph which does not totally exempt those over nine years of age if he acted with
discernment.
Presumptions of incapability of committing a crime is absolute.
Age is computed up to the time of the commission of the crime. Age can be established by the
28
1.
Requisite: Offender is under 9 years of age at the time of the commission of the crime. There is
absolute criminal irresponsibility in the case of a minor under 9-years of age.
2.
Basis: complete absence of intelligence.
Age
9 years and below
Criminal Responsibility
Absolute irresponsibility
Conditional responsibility
Between 9 and 15
years old
3.
Between 15 and 18
years old
Mitigated responsibility
Between 18 and 70
years old
Full responsibility
Mitigated responsibilit
A person over nine years of age and under fifteen, unless he has acted with discernment,
in which case, such minor shall be proceeded against in accordance with the provisions of article
80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his
family who shall be charged with his surveillance and education; otherwise, he shall be committed
to the care of some institution or person mentioned in said article 80.
Such minor over 9 years and under 15 years of age must have acted without discernment to be
exempted from criminal liability. If with discernment, he is criminally liable.
Presumption is always that such minor has acted without discernment. The prosecution is
burdened to prove if otherwise.
Discernment means the mental capacity of a minor between 9 and 15 years of age to fully
appreciate the consequences of his unlawful act. Such is shown by: (1) manner the crime was
committed (i.e. commission of the crime during nighttime to avoid detection; taking the loot to
another town to avoid discovery), or (2) the conduct of the offender after its commission (i.e. elation
of satisfaction upon the commission of his criminal act as shown by the accused cursing at the
victim).
Facts or particular facts concerning personal appearance which lead officers or the court to
believe that his age was as stated by said officer or court should be stated in the record.
If such minor is adjudged to be criminally liable, he is charged to the custody of his family,
otherwise, to the care of some institution or person mentioned in article 80. This is because of the
courts presupposition that the minor committed the crime without discernment.
Allegation of with intent to kill in the information is sufficient allegation of discernment as such
conveys the idea that he knew what would be the consequences of his unlawful act. Thus is the
case wherein the information alleges that the accused, with intent to kill, willfully, criminally and
29
feloniously pushed a child of 8 1/2 years of age into a deep place. It was held that the requirement
that there should be an allegation that she acted with discernment should be deemed amply met.
4.
Any person who, while performing a lawful act with due care, causes an injury by mere accident
1.
2.
3.
4.
5.
30
Irresistible force can never consist in an impulse or passion, or obfuscation. It must consist of an
Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
UNCONTROLLABLE FEAR: Basis: complete absence of freedom
Elements
that the threat which causes the fear is of an evil greater than, or at least equal to that w/c he is
required to commit
2.
that it promises an evil of such gravity and imminence that the ordinary man would have
succumbed to it.
Duress, to be a valid defense, should be based on real, imminent or reasonable fear for ones life
1.
7.
insuperable cause.
LAWFUL OR INSUPERABLE CAUSE: Basis: acts without intent, the third condition of
voluntariness in intentional felony
Elements:
1.
That an act is required by law to be done
2.
That a person fails to perform such act
3.
That his failure to perform such act was due to some lawful or insuperable cause
31
b. Justifying person does not transgress the law, does not commit any crime because there is nothing
unlawful in the act as well as the intention of the actor.
Distinction between Exempting and Justifying Circumstances
Exempting Circumstance
Existence
of a crime
Justifying Circumstance
Absolutory Causes are those where the act committed is a crime but for some reason of public
policy and sentiment, there is no penalty imposed.
Exempting and Justifying Circumstances are absolutory causes.
Other examples of absolutory causes:
1)
2)
3)
Art 19 par 1 profiting ones self or assisting offenders to profit by the effects of the crime
Instigation v. Entrapment
INSTIGATION
ENTRAPMENT
Absolutory cause
MITIGATING CIRCUMSTANCES
Effect Reduces the penalty of the crime but does not erase criminal liability nor change the
nature of the crime
Ordinary Mitigating
Offset by any
aggravating
circumstance
Effect on the
penalty
32
Kinds
by law
minimum period
Article 13.
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act
or to exempt from criminal liability in the respective cases are not attendant
Justifying circumstances
1.
Self-defense/defense of relative/defense of stranger unlawful aggression must be present
for Art 13 to be applicable. Other 2 elements not necessary. If 2 requisites are present
considered a privileged mitigating circumstance.
Example: Juan makes fun of Pedro. Pedro gets pissed off, gets a knife and tries to stab Juan. Juan grabs
his own knife and kills Pedro. Incomplete self-defense because although there was unlawful aggression
and reasonable means to repel was taken, there was sufficient provocation on the part of Juan. But since
2 elements are present, it considered as privileged mitigating.
b. State of Necessity (par 4) avoidance of greater evil or injury; if any of the last 2 requisites is absent,
theres only an ordinary Mitigating Circumstance.
Example: While driving his car, Juan sees Pedro carelessly crossing the street. Juan swerves to avoid
him, thus hitting a motorbike with 2 passengers, killing them instantly. Not all requisites to justify act were
present because harm done to avoid injury is greater. Considered as mitigating.
c. Performance of Duty (par 5)
Example: Juan is supposed to arrest Pedro. He thus goes to Pedros hideout. Juan sees a man asleep.
Thinking it was Pedro, Juan shot him. Juan may have acted in the performance of his duty but the crime
was not a necessary consequence thereof. Considered as mitigating.
Exempting circumstance
a. Minority over 9 and under 15 if minor acted with discernment, considered mitigating
Example: 13 year old stole goods at nighttime. Acted with discernment as shown by the manner in which
the act was committed.
b. Causing injury by mere accident if 2nd requisite (due care) and 1st part of 4th requisite (without fault
thus negligence only) are ABSENT, considered as mitigating because the penalty is lower than that
provided for intentional felony.
Example: Police officer tries to stop a fight between Juan and Pedro by firing his gun in the air. Bullet
ricocheted and killed Petra. Officer willfully discharged his gun but was unmindful of the fact that area was
populated.
c. Uncontrollable fear only one requisite present, considered mitigating
Example: Under threat that their farm will be burned, Pedro and Juan took turns guarding it at night.
Pedro fired in the air when a person in the shadows refused to reveal his identity. Juan was awakened
and shot the unidentified person. Turned out to be a neighbor looking for is pet. Juan may have acted
under the influence of fear but such fear was not entirely uncontrollable. Considered mitigating
33
2. That the offender is under 18 years of age or over 70 years. In the case of a minor, he shall be
proceeded against in accordance with the provisions of Art 192 of PD 903
Applicable to:
a. Offender over 9, under 15 who acted with discernment
b. Offender over 15, under 18
c. Offender over 70 years
Age of accused which should be determined as his age at the date of commission of crime, not
date of trial
Various Ages and their Legal Effects
Can be used only when the facts prove to show that there is a notable and evident disproportion
between means employed to execute the criminal act and its consequences
Intention: as an internal act, is judged by the proportion of the means employed to the evil
produced by the act, and also by the fact that the blow was or was not aimed at a vital part of the
body.
Judge by considering (1) the weapon used, (2) the injury inflicted and (3) the attitude of mind
when the accuser attacked the other.
Example: Pedro stabbed Tomas on the arm. Tomas did not have the wound treated, so he died from loss
of blood.
Art 13, par 3 addresses itself to the intention of the offender at the particular moment when he
executes or commits the criminal act, not to his intention during the planning stage.
34
In crimes against persons if victim does not die, the absence of the intent to kill reduces the
felony to mere physical injuries. It is not considered as mitigating. Mitigating only when the victim
dies.
Example: As part of fun-making, Juan merely intended to burn Pedros clothes. Pedro received minor
burns. Juan is charged with physical injuries. Had Pedro died, Juan would be entitled to the mitigating
circumstance.
Not applicable to felonies by negligence. Why? In felonies through negligence, the offender acts
without intent. The intent in intentional felonies is replaced by negligence, imprudence, lack of
foresight or lack of skill in culpable felonies. There is no intent on the part of the offender which
may be considered as diminished.
Basis of par 3: intent, an element of voluntariness in intentional felony, is diminished
4. That the sufficient provocation or threat on the part of the offended party immediately preceded
the act.
Provocation any unjust or improper conduct or act of the offended party, capable of exciting,
inciting or irritating anyone.
Requisites:
a. Provocation must be sufficient.
1. Sufficient adequate enough to excite a person to commit the wrong and must
accordingly be
3. Example: Juan likes to hit and curse his servant. His servant thus killed him. Theres mitigating
circumstance because of sufficient provocation.
4. When it was the defendant who sought the deceased, the challenge to fight by the deceased is NOT
sufficient provocation.
b. It must originate from the offended party
1. Why? Law says the provocation is on the part of the offended party
2. Example: Tomas mother insulted Petra. Petra kills Tomas because of the insults. No Mitigating
Circumstance because it was the mother who insulted her, not Tomas.
3. Provocation by the deceased in the first stage of the fight is not Mitigating
35
Circumstance when the accused killed him after he had fled because the deceased from the moment he
fled did not give any provocation for the accused to pursue and attack him.
c. Provocation must be immediate to the act., i.e., to the commission of the crime by the person who is
provoked
1.
Why? If there was an interval of time, the conduct of the offended party could not have excited
the accused to the commission of the crime, he having had time to regain his reason and to
exercise self-control.
2.
Threat should not be offensive and positively strong because if it was, the threat to inflict real
injury is an unlawful aggression which may give rise to self-defense and thus no longer a Mitigating
Circumstance
5. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural or
adopted brother or sisters, or relatives by affinity within the same degree.
1. Requisites:
theres a grave offense done to the one committing the felony etc.
that the felony is committed in vindication of such grave offense.
2. Lapse of time is allowed between the vindication and the one doing the offense (proximate time, not
just immediately after)
3. Example: Juan caught his wife and his friend in a compromising situation. Juan kills his friend the next
day still considered proximate.
PROVOCATION
VINDICATION
More lenient in vindication because offense concerns the honor of the person. Such is more
worthy of consideration than mere spite against the one giving the provocation or threat.
Vindication of a grave offense and passion and obfuscation cant be counted separately and
independently
6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation
36
Passion and obfuscation is mitigating: when there are causes naturally producing in a person
powerful excitement, he loses his reason and self-control. Thereby dismissing the exercise of his
will power.
PASSION AND OBFUSCATION are Mitigating Circumstances only when the same arise from
lawful sentiments (not Mitigating Circumstance when done in the spirit of revenge or lawlessness)
Requisites for Passion & Obfuscation
Example: Juan saw Tomas hitting his (Juan) son. Juan stabbed Tomas. Juan is entitled to
Mitigating Circumstance of P&O as his actuation arose from a natural instinct that impels a father
to rush to the rescue of his son.
The exercise of a right or a fulfillment of a duty is not the proper source of P&O.
Example: A policeman arrested Juan as he was making a public disturbance on the streets. Juans anger
and indignation resulting from the arrest cant be considered passionate obfuscation because the
policeman was doing a lawful act.
The act must be sufficient to produce a condition of mind. If the cause of the loss of self-control
was trivial and slight, the obfuscation is not mitigating.
Example: Juans boss punched him for not going to work he other day. Cause is slight.
There could have been no Mitigating Circumstance of P&O when more than 24 hours elapsed
between the alleged insult and the commission of the felony, or several hours have passed
between the cause of the P&O and the commission of the crime, or at least hours intervened
between the previous fight and subsequent killing of deceased by accused.
Not mitigating if relationship is illegitimate
The passion or obfuscation will be considered even if it is based only on the honest belief of the
offender, even if facts turn out to prove that his beliefs were wrong.
Passion and obfuscation cannot co-exist with treachery since the means that the offender has
had time to ponder his course of action.
PASSION AND OBFUSCATION arising from one and the same cause should be treated as only
one mitigating circumstance
Vindication of grave offense cant co-exist w/ PASSION AND OBFUSCATION
37
IRRESITIBLE FORCE
Mitigating
Exempting
Unlawful
PROVOCATION
Same
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt before the court prior to the presentation of the
evidence for the prosecution.
voluntarily surrendered
b)
a)
b)
c)
38
Example: Surrendered after talking to town councilor. Not V.S. because theres an external stimulus
Not mitigating when warrant already served. Surrender may be considered mitigating if warrant
appointment by competent authority is charged with the maintenance of public order and the
protection and security of life and property and any person who comes to the aid of persons in
authority.
RPC does not make distinction among the various moments when surrender may occur.
Surrender must be by reason of the commission of the crime for which defendant is charged
Requisites for plea of guilty
a)
b)
c)
confession of guilt was made prior to the presentation of evidence for the prosecution
plea made after arraignment and after trial has begun does not entitle accused to have plea
considered as Mitigating Circumstance
plea in the RTC in a case appealed from the MTC is not mitigating must make plea at the first
opportunity
plea during the preliminary investigation is no plea at all
even if during arraignment, accused pleaded not guilty, he is entitled to Mitigating Circumstance
as long as withdraws his plea of not guilty to the charge before the fiscal could present his
evidence
plea to a lesser charge is not Mitigating Circumstance because to be voluntary plea of guilty, must
Mitigating Circumstance
present Rules of Court require that even if accused pleaded guilty to a capital offense, its
mandatory for court to require the prosecution to prove the guilt of the accused being likewise
entitled to present evidence to prove, inter alia, Mitigating Circumstance
8. That the offender is deaf and dumb, blind or otherwise suffering from some physical defect w/c thus
restricts his means of action, defense or communication w/ his fellow beings.
Basis: one suffering from physical defect which restricts him does not have complete freedom of
action and therefore, there is diminution of that element of voluntariness.
No distinction between educated and uneducated deaf-mute or blind persons
39
The physical defect of the offender should restrict his means of action, defense or communication
with fellow beings, this has been extended to cover cripples, armless people even stutterers.
The circumstance assumes that with their physical defect, the offenders do not have a complete
freedom of action therefore diminishing the element of voluntariness in the commission of a crime.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender w/o
depriving him of consciousness of his acts.
a)
b)
such illness should not deprive the offender of consciousness of his acts
when the offender completely lost the exercise of will-power, it may be an exempting
circumstance
deceased mind, not amounting to insanity, may give place to mitigation
10. And any other circumstance of a similar nature and analogous to those above-mentioned
defendant who is 60 years old with failing eyesight is similar to a case of one over 70 years old
b)
outraged feeling of owner of animal taken for ransom is analogous to vindication of grave offense
c)
d)
e)
NOT analogous:
a)
b)
c)
a)
Example: Juan and Tomas killed Pedro. Juan acted w/ PASSION AND OBFUSCATION. Only Juan will be
entitled to Mitigating Circumstance
b) private relations with the offended party
40
Example: Juan stole his brothers watch. Juan sold it to Pedro, who knew it was stolen. The circumstance
of relation arose from private relation of Juan and the brother. Does not mitigate Pedro.
c) other personal cause
Example: Minor, acting with discernment robbed Juan. Pedro, passing by, helped the minor.
Circumstance of minority, mitigates liability of minor only.
Shall serve to mitigate the liability of the principals, accomplices and accessories to whom the
circumstances are attendant.
b)
c)
d)
e)
Example: Juan saved the lives of 99 people but caused the death of the last person, he is still criminally
liable
AGGRAVATING CIRCUMSTANCES
Definition Those circumstance which raise the penalty for a crime without exceeding the
a)
b)
c)
d)
the time
e)
f)
Kinds:
a)
b)
Specific apply only to specific crimes (ignominy for chastity crimes; treachery for persons
crimes)
41
c)
Qualifying those that change the nature of the crime (evident premeditation becomes murder)
d)
Inherent necessarily accompanies the commission of the crime (evident premeditation in theft,
estafa)
QUALIFYING AGGRAVATING
GENERIC AGGRAVATING
CIRCUMSTANCE
CIRCUMSTANCE
1)
Aggravating Circumstances which DO NOT have the effect of increasing the penalty:
which themselves constitute a crime specifically punishable by law or which are included in the law
aggravating circumstance inherent in the crime to such degree that it must of necessity accompany
Aggravating circumstances are not presumed. Must be proved as fully as the crime itself in order
to increase the penalty.
Art 14. Aggravating circumstances. The following are aggravating circumstances:
1.
1.
That advantage be taken by the offender of his public position
Requisites:
1.
2.
Wearing of uniform is immaterial what matters is the proof that he indeed took advantage of his
position
1.
2.
That the crime be committed in contempt of or with insult to the public authorities
Requisites:
1.
42
2.
3.
4.
1.
2.
3.
4.
5.
6.
Governor
Mayor
Barangay captain
Councilors
Government agents
Chief of Police
Rule not applicable when committed in the presence of a mere agent.
Agent subordinate public officer charged with the maintenance of public order and protection
and security of life and property
circumstances (rank, age, sex) may be taken into account only in crimes against persons or
1.
2.
43
1.
2.
dwelling includes dependencies, the foot of the staircase and the enclosure under the house
Elements of the aggravating circumstance of dwelling
Crime occurred in the dwelling of the victim
No provocation on the part of the victim
Requisites for Provocation: ALL MUST CONCUR
1.
2.
3.
4. That the act be committed with (1) abuse of confidence or (2) obvious ungratefulness
Requisites of Abuse of Confidence
a)
Offended party has trusted the
offender
a)
ungratefulness must be obvious, that is,
there must be something which the offender
should owe the victim a debt of gratitude for
b)
c)
44
1.
2.
3.
4.
5.
Example: A jealous lover, already determined to kill his sweetheart, invited her for a ride and
during that ride, he stabbed her
Abuse of confidence is inherent in:
malversation
qualified theft
estafa by conversion
misappropriation
qualified seduction
5. That the crime be committed in the palace of the Chief Executive, or in his presence, or when public
authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.
a day
place of the commission of the felony (par 5): if it is Malacaang palace or a church is
1.
2.
1.
2.
Same
6a. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place (3) by a band,
whenever such circumstances may facilitate the commission of the offense.
Impunity means to prevent the accuseds being recognized or to secure himself against
detection or punishment
45
1.
2.
3.
4.
1.
2.
3.
Nighttime begins at the end of dusk and ending at dawn; from sunset to sunrise
Uninhabited Place one where there are no houses at all, a place at a considerable distance
from town, where the houses are scattered at a great distance from each other
it facilitated the commission of the crime
especially sought for by the offender to insure the commission of the crime or for the purpose of
impunity
when the offender took the advantage thereof for the purpose of impunity
commission of the crime must have began and accomplished at nighttime
commission of the crime must begin and be accomplished in the nighttime
when the place of the crime is illuminated by light, nighttime is not aggravating
absorbed by Treachery
Requisites:
1.
The place facilitated the commission or omission of the crime
2.
Deliberately sought and not incidental to the commission or omission of the crime
3.
Taken advantage of for the purpose of impunity
what should be considered here is whether in the place of the commission of the offense, there
was a reasonable possibility of the victim receiving some help
6b. Whenever more than 3 armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have been committed by a band.
Requisites:
if one of the four-armed malefactors is a principal by inducement, they do not form a band
1.
2.
3.
4.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune
1.
1.
2.
3.
2.
Requisites:
Committed when there is a calamity or misfortune
Conflagration
Shipwreck
Epidemic
Offender took advantage of the state of confusion or chaotic condition from such misfortune
Basis: Commission of the crime adds to the suffering by taking advantage of the misfortune.
based on time
offender must take advantage of the calamity or misfortune
Distinction between Paragraphs 7 and 12 of Article 14
46
8. That the crime be committed with the aid of (1) armed men or (2) persons who insure or afford
impunity
Requisites:
Exceptions:
1.
2.
1.
2.
that armed men or persons took part in the commission of the crime, directly or indirectly
that the accused availed himself of their aid or relied upon them when the crime was committed
when both the attacking party and the party attacked were equally armed
not present when the accused as well as those who cooperated with him in the commission of the
crime acted under the same plan and for the same purpose.
3.
Casual presence, or when the offender did not avail himself of any of their aid nor did not
knowingly count upon their assistance in the commission of the crime
WITH THE AID OF ARMED MEN
BY A BAND
if there are more than 3 armed men, aid of armed men is absorbed in the employment of a band.
Recidivist one who at the time of his trial for one crime, shall have been previously convicted by
final judgment of another crime embraced in the same title of the RPC
Basis: Greater perversity of the offender as shown by his inclination to commit crimes
Requisites:
What is controlling is the time of the trial, not the time of the commission of the offense. At the
time of the trial means from the arraignment until after sentence is announced by the judge in open
court.
Q: The accused was prosecuted and tried for theft, robbery and estafa. Judgments were read on
1.
2.
3.
4.
1.
2.
3.
4.
1.
2.
47
A: No. Because the judgment in any of the first two offenses was not yet final when he was tried for the
third offense
Recidivism must be taken into account no matter how many years have intervened between the
10. That the offender has been previously punished for an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it attaches a lighter penalty
Reiteracion or Habituality it is essential that the offender be previously punished; that is, he has
served sentence.
Par. 10 speaks of penalty attached to the offense, not the penalty actually imposed
REITERACION
RECIDIVISM
Same title
Always aggravating
4 Forms of Repetition
Habitual Delinquency when a person within a period of 10 years from the date of his release or
last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or
falsification is found guilty of any of said crimes a third time or oftener.
Quasi-Recidivism any person who shall commit a felony after having been convicted by final
1.
2.
3.
4.
judgment, before beginning to serve such sentence, or while serving the same, shall be punished
by the maximum period of the penalty prescribed by law for the new felony
Recidivism generic
Reiteracion or Habituality generic
Multiple recidivism or Habitual delinquency extraordinary aggravating
Quasi-Recidivism special aggravating
Requisites:
1.
At least 2 principals
48
2.
the price, reward, or promise should be previous to and in consideration of the commission of the
criminal act
Applicable to both principals.
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding a
vessel or intentional damage thereto, or derailment of a locomotive, or by use of any other artifice
involving great waste or ruin.
Requisite: The wasteful means were used by the offender to accomplish a criminal purpose
13. That the act be committed with evident premeditation
Essence of premeditation: the execution of the criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal intent during the space of time sufficient to
arrive at a calm judgment
Requisites:
Conspiracy generally presupposes premeditation
When victim is different from that intended, premeditation is not aggravating. Although it is not
necessary that there is a plan to kill a particular person for premeditation to exist (e.g. plan to kill
first 2 persons one meets, general attack on a villagefor as long as it was planned)
The premeditation must be based upon external facts, and must be evident, not merely
1.
2.
3.
Craft involves intellectual trickery and cunning on the part of the accused.
It is employed as a scheme in the execution of the crime (e.g. accused pretended to be members of the
constabulary, accused in order to perpetrate rape, used chocolates containing drugs)
Fraud involves insidious words or machinations used to induce victim to act in a manner which
would enable the offender to carry out his design.
as distinguished from craft which involves acts done in order not to arouse the suspicion of the
victim, fraud involves a direct inducement through entrapping or beguiling language or
machinations
Disguise resorting to any device to conceal identity. Purpose of concealing identity is a must.
Distinction between Craft, Fraud, and Disguise
Craft
Fraud
Involves the use of direct
inducement by insidious words
or machinations
Disguise
Involves the use of
devise to conceal
identity
Requisite: The offender must have actually taken advantage of craft, fraud, or disguise to facilitate
the commission of the crime.
49
15. That (1) advantage be taken of superior strength, or (2) means be employed to weaken the
defense
To purposely use excessive force out of the proportion to the means of defense available to the
person attacked.
To weaken the defense illustrated in the case where one struggling with another suddenly
1.
2.
3.
1.
2.
throws a cloak over the head of his opponent and while in the said situation, he wounds or kills
him. Other means of weakening the defense would be intoxication or disabling thru the senses
(casting dirt of sand upon anothers eyes)
Superiority may arise from aggressors sex, weapon or number as compared to that of the victim
(e.g. accused attacked an unarmed girl with a knife; 3 men stabbed to death the female victim).
No advantage of superior strength when one who attacks is overcome with passion and
obfuscation or when quarrel arose unexpectedly and the fatal blow was struck while victim and
accused were struggling.
Vs. by a band : circumstance of abuse of superior strength, what is taken into account is not the
number of aggressors nor the fact that they are armed but their relative physical might vis--vis the
offended party
Means were purposely sought to weaken the defense of the victim to resist the assault
The means used must not totally eliminate possible defense of the victim, otherwise it will fall
under treachery
TREACHERY: when the offender commits any of the crime against the person, employing means,
1.
2.
1.
2.
3.
methods or forms in the execution thereof which tend directly and specially to insure its execution
without risk to himself arising from the defense which the offended party might make.
Requisites:
Treachery cant be considered when there is no evidence that the accused, prior to the moment
of the killing, resolved to commit to crime, or there is no proof that the death of the victim was the
result of meditation, calculation or reflection.
Examples: victim asleep, half-awake or just awakened, victim grappling or being held, stacks from
behind
But treachery may exist even if attack is face-to-face as long as victim was not given any
chance to prepare defense
that at the time of the attack, the victim was not in the position to defend himself
that the offender consciously adopted the particular means, method or form of attack employed
by him
does not exist if the accused gave the deceased chance to prepare or there was warning given or
that it was preceded by a heated argument
there is always treachery in the killing of child
generally characterized by the deliberate and sudden and unexpected attack of the victim from
behind, without any warning and without giving the victim an opportunity to defend himself
TREACHERY
ABUSE OF SUPERIOR
MEANS EMPLOYED TO
STRENGTH
WEAKEN DEFENSE
50
17. That the means be employed or circumstances brought about which add ignominy to the natural
effects of the acts
IGNOMINY is a circumstance pertaining to the moral order, which adds disgrace and obloquy to
the material injury caused by the crime
Applicable to crimes against chastity (rape included), less serious physical injuries, light or grave coercion
and murder
Requisites:
Examples: accused embraced and kissed the offended party not out of lust but out of anger in
front of many people, raped in front of the husband, raped successively by five men
tend to make the effects of the crime more humiliating
Ignominy not present where the victim was already dead when such acts were committed against
his body or person
1.
Crime must be against chastity, less serious physical injuries, light or grave coercion, and murder
2.
The circumstance made the crime more humiliating and shameful for the victim
Unlawful entry when an entrance is effected by a way not intended for the purpose. Meant to
and provide for their personal safety, shows greater perversity, a greater audacity and hence the
law punishes him with more severity
Example: Rapist gains entrance thru the window
Inherent in: Trespass to dwelling, robbery with force upon things, and robbery with violence or
intimidation against persons.
19. That as a means to the commission of the crime, a wall, roof, door or window be broken
Requisites:
Applicable only if such acts were done by the offender to effect entrance.
51
2.
an officer if refused admittance may break open any door or window to execute the search
warrant or liberate himself,
20. That the crime be committed (1) with the aid of persons under 15 years of age, or (2) by means of
motor vehicles, airships or other similar means.
Reason for #1: to repress, so far as possible, the frequent practice resorted to by professional
criminals to avail themselves of minors taking advantage of their responsibility (remember that
minors are given leniency when they commit a crime)
Example: Juan instructed a 14-year old to climb up the fence and open the gate for him so that he may
rob the house
Reason for #2: to counteract the great facilities found by modern criminals in said means to
commit crime and flee and abscond once the same is committed. Necessary that the motor vehicle
be an important tool to the consummation of the crime (bicycles not included)
Example: Juan and Pedro, in committing theft, used a truck to haul the appliances from the mansion.
21. That the wrong done in the commission of the crime be deliberately augmented by causing other
wrong not necessary for its commission
1.
2.
1.
2.
Cruelty: when the culprit enjoys and delights in making his victim suffer slowly and gradually,
causing him unnecessary physical pain in the consummation of the criminal act. Cruelty cannot be
presumed nor merely inferred from the body of the deceased. Has to be proven.
mere plurality of words do not show cruelty
no cruelty when the other wrong was done after the victim was dead
Requisites:
that the injury caused be deliberately increased by causing other wrong
that the other wrong be unnecessary for the execution of the purpose of the offender
IGNOMINY
CRUELTY
Physical suffering
Art 15. ALTERNATIVE CIRCUMSTANCES. Their concept. Alternative circumstances are those
which must be taken into consideration as aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending its commission. They are the relationship,
intoxication and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended
party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating
circumstances when the offender has committed a felony in a state of intoxication, if the same is
not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual
or intentional, it shall be considered as an aggravating circumstance.
52
mitigating according to the nature and effects of the crime and other conditions attending its
commission.
They are:
1.
relationship taken into consideration when offended party is the spouse, ascendant,
descendant, legitimate, natural or adopted brother or sister, or relative by affinity in the same
degree of the offender
2.
intoxication mitigating when the offender has committed a felony in the state of intoxication, if
the same is not habitual or subsequent to the plan to commit the said felony. Aggravating if habitual
or intentional
3.
degree of instruction and education of the offender
RELATIONSHIP
Mitigating Circumstance
Aggravating Circumstance
In crimes against persons in cases where
the offender, or when the offender and the
offended party are relatives of the same
level, as killing a brother, adopted brother or
half-brother.
Always aggravating in crimes against
chastity.
Relationship neither mitigating nor aggravating when relationship is an element of the offense.
AGGRAVATING CIRCUMSTANCE
a)
a)
if intoxication is habitual such habit
must be actual and confirmed
b)
b)
to commit a felony)
53
Must show that he has taken such quantity so as to blur his reason and deprive him of a certain
degree of control
A habitual drunkard is given to inebriety or the excessive use of intoxicating drinks.
Habitual drunkenness must be shown to be an actual and confirmed habit of the offender, but not
necessarily of daily occurrence.
DEGREE OF INSTRUCTION AND EDUCATION
MITIGATING CIRCUMSTANCE
AGGRAVATING CIRCUMSTANCE
High degree of instruction and education
offender avails himself of his learning in
committing the offense.
Determined by: the court must consider the circumstance of lack of instruction
Exceptions (not mitigating):
1.
2.
3.
Art 16. Who are criminally liable. The following are criminally liable for grave and less grave
felonies:
1. Principals.
2. Accomplices.
3. Accessories.
54
Accessories not liable for light felonies because the individual prejudice is so small that penal
subsequently deprived of liberty. Juridical persons are liable under special laws.
Manager of a partnership is liable even if there is no evidence of his direct participation in the
crime.
Corporations may be the injured party
General Rule: Corpses and animals have no rights that may be injured.
Exception: defamation of the dead is punishable when it blackens the memory of one who is
dead.
Conspirator not liable for the crimes of the other which is not the object of the conspiracy or is not
a logical or necessary consequence thereof
Multiple rape each rapist is liable for anothers crime because each cooperated in the
commission of the rapes perpetrated by the others
Exception: in the crime of murder with treachery all the offenders must at least know that there
will be treachery in executing the crime or cooperate therein.
55
Example: Juan and Pedro conspired to kill Tomas without the previous plan of treachery. In the crime
scene, Juan used treachery in the presence of Pedro and Pedro knew such. Both are liable for murder.
But if Pedro stayed by the gate while Juan alone killed Tomas with treachery, so that Pedro didnt know
how it was carried out, Juan is liable for murder while Pedro for homicide.
No such thing as conspiracy to commit an offense through negligence. However, special laws
may make one a co-principal. Example: Under the Pure Food and Drug Act, a storeowner is liable
for the act of his employees of selling adulterated coffee, although he didnt know that coffee was
being sold.
That the culprits carried out the plan and personally took part in the execution, by acts which
directly tended to the same end:
1.
The principals by direct participation must be at the scene of the crime, personally taking part,
although he was not present in the scene of the crime, he is equally liable as a principal by direct
participation.
2.
One serving as guard pursuant to the conspiracy is a principal direct participation.
If the second element is missing, those who did not participate in the commission of the acts of
execution cannot be held criminally liable, unless the crime agreed to be committed is treason,
sedition, or rebellion.
Principals by Induction
a.
d. Forms of Inducements
1.
By Price, reward or promise
2.
By irresistible force or uncontrollable fear
3.
Commander has the intention of procuring the commission of the crime
4.
Commander has ascendancy or influence
5.
Words used be so direct, so efficacious, so powerful
6.
Command be uttered prior to the commission
7.
Executor had no personal reason
4.
Imprudent advice does not constitute sufficient inducement
5.
Requisites for words of command to be considered inducement:
6.
Words uttered in the heat of anger and in the nature of the command that had to be obeyed do
not make one an inductor.
INDUCTOR
Induce others
Same
56
*there is collective criminal responsibility when the offenders are criminally liable in the same
manner and to the same extent. The penalty is the same for all.
Accomplices. Accomplices are those persons who, not being included in Art. 17,
Requisites:
Examples: a) Juan was choking Pedro. Then Tomas ran up and hit Pedro with a bamboo stick.
Juan continued to choke Pedro until he was dead. Tomas is only an accomplice because the fatal
blow came from Juan. b) Lending a dagger to a killer, knowing the latters purpose.
An accomplice has knowledge of the criminal design of the principal and all he does is concur
1.
2.
there be a community of design (principal originates the design, accomplice only concurs)
he cooperates in the execution by previous or simultaneous acts, intending to give material and
moral aid (cooperation must be knowingly done, it must also be necessary and not indispensable
3.
There be a relation between the acts of the principal and the alleged accomplice
Art. 19.
the crime, and without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in
order to prevent its discovery.
57
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
Example of Par 1: person received and used property from another, knowing it was stolen
Example of Par 2: placing a weapon in the hand of the dead who was unlawfully killed to plant
evidence, or burying the deceased who was killed by the principals
Example of Par 3: a) public officers who harbor, conceal or assist in the escape of the principal of
any crime (not light felony) with abuse of his public functions, b) private persons who harbor,
conceal or assist in the escape of the author of the crime guilty of treason, parricide, murder or
an attempt against the life of the President, or who is known to be habitually guilty of some crime.
Exception: when the crime was in fact committed but the principal is covered by exempting
circumstances.
Example: Minor stole a ring and Juan, knowing it was stolen, bought it. Minor is exempt. Juan liable as
accessory
Trial of accessory may proceed without awaiting the result of the separate charge against the
principal because the criminal responsibilities are distinct from each other
Liability of the accessory the responsibility of the accessory is subordinate to that of a principal
in a crime because the accessorys participation therein is subsequent to its commission, and his
guilt is directly related to the principal. If the principal was acquitted by an exempting circumstance
the accessory may still be held liable.
Difference of accessory from principal and accomplice:
1.
2.
Accessory does not take direct part or cooperate in, or induce the commission of the crime
Accessory does not cooperate in the commission of the offense by acts either prior thereto or
simultaneous therewith
3.
Participation of the accessory in all cases always takes place after the commission of the crime
4.
Takes part in the crime through his knowledge of the commission of the offense.
Art. 20.
Accessories who are exempt from criminal liability. The penalties prescribed for
accessories shall not be imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception of accessories falling within the
provisions of paragraph 1 of the next preceding article.
Basis: Ties of blood and the preservation of the cleanliness of ones name which compels one to
conceal crimes committed by relatives so near as those mentioned.
Accessory not exempt when helped a relative-principal by profiting from the effects of the crime,
58
1.
2.
3 fold purpose:
Juridical Conditions of Penalty
retribution or expiation penalty commensurate with the gravity of the offense
correction or reformation rules which regulate the execution of penalties consisting of
deprivation of liberty
3.
social defense inflexible severity to recidivists and habitual delinquents
a. Must be productive of suffering limited by the integrity of human personality
b. Must be proportionate to the crime
c. Must be personal imposed only upon the criminal
d. Must be legal according to a judgment of fact and law
e. Must be equal applies to everyone regardless of the circumstance
f. Must bee correctional to rehabilitate the offender