CRIMINAL LAW 1 Reviewer Outline by: ARIEL V.

GAPASIN
Criminal Law: that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. Crime: is an act committed or omitted in violation of a public law forbidding or commanding it. Article 2. Application of its provisions

Chapter 1- FELONIES

Article 3. Definitions-

Felonies- acts and omissions punishable by law Felonies are committed by: 1) deceit (dolo) (intentional felonies); 2) fault (culpa)(culpable felonies) Deceit- when the act is performed with deliberate intent; malice; intent to do injury to another (person, property, right) Fault- when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill

Requisites of dolo or malice: 1. Freedom while doing an act or omitting an act; 2. Intelligence while doing the act or omitting the act; 3. Intent while doing the act or committing the act.

Requisites of culpa:

1. Freedom while doing an act or omitting to do an act; 2. Intelligence while doing the act or omitting the act; 3. He is imprudent, negligent, lacks foresight, or skill while doing the act or omitting to do the act.

Intent- is the purpose to use a particular means to effect such result. Motive- is the moving power which impels one to action for a definite result.

Imprudence indicates deficiency of action Negligence indicates deficiency of perception

Article 4. Criminal liability- Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. 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.

* One who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen or intended or not.

The causes which may produce a result different from that which the offender intended are:

1. Mistake in the identity of the victim (error in personae). U.S. vs. Ah Chong 2. There is a mistake in the blow (aberratio ictus). People vs. Mabugat
3. The injurious result is greater than that intended (praeter intentionem).

No felony is committed (1) when the act or omission is not punishable by the Revised Penal Code, or (2) when the act is covered by any of the justifying circumstances enumerated in Article 11.

Any person who creates in anothers mind an immediate sense of danger, which causes the latter to do something resulting in the latters injuries, is liable for the resulting injuries.

Wrong done must be the direct, natural and logical consequences of felonious act.

The felony committed must be the proximate cause of the resulting injury.

Proximate cause- that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.

*** Impossible crime

Article 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties.

Article 6. Consummated, frustrated, and attempted felonies.

Consummated - when all the elements necessary for its execution and accomplishment are present.

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. Elements: 1. The offender performs all the acts of execution; 2. All the acts performed would produce the felony as a consequence; 3. But the felony is not produced; 4. By reason of causes independent of the will of the perpetrator

Attempted - 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.

Elements: 1. The offender commences the commission of the felony directly by overt acts; 2. He does not perform all the acts of execution which should produce the felony; 3. The offenders act be not stopped by his own spontaneous desistance; 4. The non-performance of all acts of execution was due to cause or accident other than his own spontaneous desistance.

In attempted felony, the offender never passes the subjective phase of the offense.

Development of crime: 1. Internal acts: mere ideas in the mind of a person 2. External acts cover: a. Preparatory acts b. Acts of execution

Article 7. When light felonies are punishable.

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

Article 8. Conspiracy and proposal to commit felony.

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 and proposal to commit felony are not punishable, in general, except in cases where the law specially provides a penalty therefor.

a. Conspiracy to commit treason; b. Conspiracy to commit rebellion; c. Conspiracy to commit sedition.

d. Monopolies and combinations in restraint of trade.

It is fundamental for conspiracy to exist that there must be unity of purpose and unity in the execution of the unlawful objective. It must be shown to exist as clearly and convincingly as the commission of the offense itself.

Requisites of conspiracy: 1. That two or more persons came to an agreement; (presupposes meeting of the minds) 2. That the agreement concerned the commission of a felony; and (to act, to effect, to bring about what has already been conceived and determined)

3. That the execution of the felony be decided upon. (Conspirators have made up their minds;
determination to commit the crime).

Article 9. Grave felonies, less grave felonies, and light felonies. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive. Reclusion perpetua Reclusion temporal

Perpetual or temporary absolute disqualification (accessory penalty) Perpetual or temporary special disqualification (accessory penalty) Prision mayor

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional.

Prision correctional Arresto mayor Suspension Destierro

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

Article 10. Offenses not subject to the provisions of this code.

CHAPTER 2

Article 11. Justifying circumstances (do not incur any criminal liability) *** Justifying Circumstances are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. (there is n civil liability, except in Par. 4 of Art. 11, where the civil liability is borne by the persons benefited by the act.

1. Defense of his person or rights, provided that the following circumstances concur: a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repel it c. Lack of sufficient provocation on the part of the person defending himself.

2. Defense of the person or rights of spouse, ascendants, descendants, or legitimate, natural, or adopted brothers or sisters, or of his relatives by affinity in the same degree, and those by consanguinity within the fourth civil degree, provided that the following circumstances concur: a. Unlawful aggression; b. Reasonable necessity of the means employed to prevent or repel it;

c.

In case the provocation was given by the person attacked, the one making the defense had no part in it.

3. Defense of person or rights of a stranger; provided that the following circumstances concur: a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repel it c. That the person defending be not induced by revenge, resentment or other evil motive.

4. 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: a. That the evil sought to be avoided actually exists; b. That the injury feared be greater than that done to avoid it; c. That there be no other practical and less harmful means of preventing it.

5. Person who acts in the fulfillment of a duty or the lawful exercise of a right or office.

6. Person who acts in obedience to an order issued by a superior officer for some lawful purpose.

Requisites: 1. That an order has been issued by a superior. 2. That such order must be for some lawful purpose. 3. That the means used by the subordinate to carry out said order is lawful.

General Rule: Subordinate cannot invoke this circumstance when order is patently illegal.

Exception: When there is compulsion of an irresistible force, or under impulse of uncontrollable fear.

*** Unlawful aggression is an indispensable requisite; equivalent to assault or at least threatened assault of an immediate and imminent kind.

*** When there is no peril to ones life, limb, or right, there is no unlawful aggression. There must be actual physical force or actual use of weapon.

*** Retaliation is not self-defense- the aggression that was begun by the injured party already ceased to exist. In self-defense, the aggression was still existing when the aggressor was injured or disabled by the person making the defense.

Article 12. CIRCUMSTANCES, WHICH EXEMPT FROM CRIMINAL LIABILITY

EXEMPTING CIRCUMSTANCES are those grounds for exemptions from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntarily or negligently.

BASIS: The exemption from the 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.

BURDEN OF PROOF: Any of the circumstances is a matter of defense and must be proved by the defendant to the satisfaction of the court.

JUSTIFYING Who/What is affected Existence of a crime Liability Act is considered legal None No criminal and civil liability BUT there is civil liability as to Art. 11 (4) (state of necessity)

EXEMPTING Act is wrongful but actor not liable Yes, but since voluntariness absent the actor is not liable is

No criminal liability but there is civil liability EXCEPT as to Art. 12 (4) (injury by mere accident) and (7) (lawful cause)

1.) Imbecility or Insanity An imbecile or an insane person, unless the latter has acted during a lucid interval.

IMBECILE one while advance in age has a mental development comparable to that of children between 2 to 7 years old. He is exempt in all cases from criminal liability.

INSANE one who acts with complete deprivation of intelligence/reason or with out the least discernment or with total deprivation of freedom of will. Mere abnormality of the mental faculties will not exclude imputability. Has no capacity to know what is right or wrong.

General Rule: Exempt from criminal liability. Exception: The act must done during the lucid interval.

NOTE: Defense must prove that the accused was insane at the time of the commission of the crime because the presumption is always in favor of insanity.

BASIS of paragraph 1: The exempting circumstance of insanity or imbecility is based on the complete absence of intelligence, an element of voluntariness.

2.) Under Nine Years of Age A person under nine years of age. Requisite: Offender is under nine (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 nine (9) years of age.

BASIS of paragraph 2: The exempting circumstance of minority is based also on the complete absence of intelligence.

NOTE: Under R.A 9344 or the Juvenile Justice and Welfare Act a minor 15 years and below is exempt from criminal liability.

3.) Person Over 9 and Under 15 Acting without Discernment A person over 9 years of age and under 15, 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.

NOTE: Such minor must have acted without discernment to be exempt. If with discernment, he is criminally liable.

Presumption: The minor committed the crime with out discernment.

DISCERNMENT mental capacity to fully appreciate the consequences of the unlawful act, which is shown by the: 1. manner the crime was committed 2. conduct of the offender after its commission

NOTE: Under R.A. 9344 a minor over 15 but below 18 who acted with out discernment is exempt from criminal liability.

BASIS of paragraph 3: The exempting circumstances in paragraph 3 of Art 12 is based also on the complete absence of intelligence.

4.) Accident without fault or intention of causing it Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

ELEMENTS: 1. A person is performing a lawful act 2. With due care 3. He causes an injury to another by mere accident 4. Without fault or intention of causing it.

BASIS of paragraph 4: The exempting circumstance in paragraph 4 of Art. 12 is based on lack of negligence and intent, Under this circumstance, a person does not commit either an intentional felony or culpable felony.

5.) Irresistible force Any person who acts under the compulsion of an irresistible force.

IRRESISTIBLE FORCE offender uses violence or physical force to compel another person to commit a crime.

ELEMENTS: 1. the compulsion is by means of physical force 2. the physical force must be irresistible 3. the physical force must be come from a third person

NOTE: Force must be irresistible so as to reduce the individual to a mere instrument.

BASIS of paragraph 5: The exempting circumstance in paragraph 5 of Art. 12 is based on the complete absence of freedom, an element of voluntariness.

6.) Uncontrollable Fear

Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

UNCONTOLLABLE FEAR offender employs intimidation or threat in compelling another to commit a crime.

DURESS use of violence or physical force.

ELEMENTS: 1. The threat which causes the fear is of an evil greater than or at least equal to, that which he is required to commit. 2. It promises an evil of such gravity and imminence that an ordinary man would have succumbed to it.

Requisites: a.) existence of uncontrollable fear b.) the fear must be real and imminent c.) the fear of an injury is greater than or at least equal to that committed.

NOTE: Duress to be valid defense should be based on real, imminent or reasonable fear for ones life or limb. It should not be inspired by speculation, fanciful or remote fear. A threat of future injury is not enough.

ACTUS ME INVITO FACTUS NON EST MEUS ACTUS Any act done by me against will is not my act.

BASIS of paragraph 6: The exempting circumstance in paragraph 6 of Art. 12 is also based on the complete absence of freedom.

7.) Insuperable Cause Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause.

INSUPERABLE CAUSE some motive, which has lawfully, morally or physically prevented a person to do what the law commands.

ELEMENTS: 1. An act is require by Law to be done 2. A person fails to perform such act 3. His failure to perform such act was due to some lawful or insuperable cause.

Examples: 1. A priest cant be compelled to reveal what was confessed to him.

2. No available transportation officer not liable for arbitrary detention.

3. Mother who was overcome by severe dizziness and extreme debility, leaving child to die not liable for infanticide (People Vs. Bandian, 63 Phil 530).

ABSOLUTORY CAUSES 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.

Examples of other circumstances are: 1. spontaneous desistance (Art.6 ) 2. accessories exempt from criminal liability (Art. 20) 3. Death or physical injuries inflicted under exceptional circumstances (Art. 247) 4. persons exempt from criminal liability from theft, swindling. Malicious mischief (Art 332) 5. instigation

NOTE: Entrapment is NOT an absolutory cause. A by-bust operation conducted in connection with illegal drug related offenses is a form of entrapment.

ENTRAPMENT The ways and means are resorted to for the purpose of trapping and capturing the law breaker in the execution of his criminal plan. NOT a bar to accused prosecution and conviction. NOT an absolutory cause.

INSTIGATION Instigator practically induces the would-be accused into the commission of the offense and himself becomes co-principal. Accused will be acquitted. Absolutory cause.

BASIS of paragraph 7: The circumstance in paragraph 7 of Art. 12 exempt the accused from criminal liability, because he acts without intent, the third condition of voluntariness in intentional felony.

Art. 13: MITIGATING CIRCUMSTANCES

MITIGATING CIRCUMSTNCES are those, which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime.

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

NOTE: Mitigating circumstances is not applicable to a mandatory penalty except there is a presence of privileged mitigating as far as minority is concern.

CLASSES OF MITIGATING CIRCUMSTNCE AND ITS DISTINCTIONS:

1. ORDINARY Mitigating is susceptible of being offset by any aggravating circumstance;

while PRIVILEGE Mitigating cannot be offset by aggravating circumstance.

2. ORDUNARY Mitigating if not offset by an aggravating circumstance, produces only the

effect of applying the penalty provided by law for the crime in its minimum period, in case of divisible penalty; whereas, PRIVILEGE Mitigating produces the effect of imposing upon the offender the penalty lower by one or two degrees than that provided by law for the crime.

Art. 13: Mitigating Circumstances. The following are mitigating circumstances.

1.) Incomplete Justifying and Exempting Circumstances.

Those mentioned in the preceding chapter when all the requisites necessary to justify the act or to exempt from criminal liability in the perspective cases are not attendant.

NOTE: This applies when not all the requisites are present.

i. If two requisites are present, it is considered privileged mitigating circumstances.

However, in reference to Art. 11 (4) if any of the last two requisites is absent; there is only an ordinary mitigating circumstances. aggression must always be present as it is indispensible requirement.

ii. Remember though, that in self-defense, defense of relative or stranger, unlawful

CIRCUMSTANCES OF JUSTIFICATION OR EXEMPTION WHICH MAY GIVE PLACE OF MITIGATION:

1. Self-defense (Art. 11, par. 1) 2. Defense of relatives (Art. 11, par. 2) 3. Defense of stranger (Art. 11, par. 3) 4. State of necessity (Art. 11, par. 4) 5. Performance of duty (Art. 11, par. 5) 6. Obedience to order of superior (Art. 11, par. 6) 7. Minority over 9 and under 15 years of age (Art. 12, par. 3) 8. Causing injury by mere accident (Art. 12, par. 4) 9. Uncontrollable fear (Art. 12, par. 6)

2.) Under 18 or Over 70 years Old. That the offender is under eighteen years of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provision of Article 80 (now Art. 192, P.D. No. 603).

NOTE: Age of accused is determined by his age at the date of commission of crime, not date of trial. BASIS: The mitigating circumstances in paragraph 2 of Art. 13 are based on the diminution of intelligence, a condition of voluntariness.

3.) No intention to Commit so Grave a Wrong. That the offender ha no intention to commit so grave a wrong as that committed.

Rule for the application of this paragraph: Can be used only when the proven facts show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences. Factors that can be considered are: 1. Weapon used 2. Injury inflicted 3. Part of the body injured 4. Mindset of the offender at the time of commission of crime This provision addresses the intention of he offender at the particular moment when the offender executes or commits the criminal act, not to his intention during the planning stage.

4.) Provocation or Threat.

That 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 to anyone.

PROVOCATION Made directly only to the person committing the felony Cause that brought about the provocation need not be a offense Necessary that the provocation or threat immediately preceded the act. No time interval

VINDICATION Grave offense may be also against the offenders relatives mentioned by law Offended party must have done a grave offense to the offender or his relatives May be proximate. Time interval allowed

Requisites:

1. Provocation must be sufficient 2. It must be originated from the offended party 3. Must be immediate to the commission of the crime by the person who is provoked

NOTE: Threat should not be offensive and positively strong. Otherwise, it would be an unlawful aggression, which may give rise to self-defense and thus no longer a mitigating circumstance.

BASIS: The mitigating circumstances in paragraph 4 of Art. 13 is based on the diminution of intelligence and intent.

5.) Vindication or Grave Offense That the act is 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.

Requisites:

1. a grave offense done to the one committing the felony , his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees.

2. the felony is committed in the immediate vindication of such grave offense.

Note: Immediate allows for a lapse of time, as long as the offender is still suffering from the mental agony brought about by the offense to him proximate time, not just immediately after.

BASIS: The mitigating circumstances in paragraph 5 of Art. 13 is based on the diminution of the conditions of voluntariness.

6.) Passion or Obfuscation

That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.

Requisite:

1. offender acted upon impulse 2. the impulse must be so powerful that it naturally produced passion or obfuscation in him

Rule for the application of this paragraph:

NOTE: Act must have been committed not in the spirit of lawlessness or revenge; act must come from lawful sentiments.

BASIS: Passion or obfuscation is a mitigating circumstance because the offender who acts the passion obfuscation suffers a diminution of his intelligence or intent.

7.) Surrender and Confession of Guilt 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.

TWO MITIGATIONG CIRCUMSTANCES ARE PROVIDED IN THIS PARAGRAPH:

1. Voluntary surrendered himself to a person in authority or his agents, 2. Voluntary confession his guilt before the court prior to the presentation of the evidence for the prosecution.

VOLUNTARY SURRENDER Requisites: 1. Offender not actually arrested 2. Offender surrendered to person in authority or his agent. 3. Surrender was voluntary

VOLUNTARY PLEA OF GUILTY 1. Offender confessed his guilt spontaneously

2. Confession was made in open court, that is, before the competent court that is to try the case 3. Confession of guilt was made prior to the presentation of the evidence for the prosecution

WHEN SURRENDER VOLUNTARY: - must be spontaneous, showing the intent of accused to submit himself unconditionally to the authorities, either because:

1. he acknowledges his guilt; 2. he wishes to save them the trouble and expense necessarily incurred in his search and capture.

Note: If both are present, considered as two independent mitigating circumstances. Further mitigates penalty.

NOTES: Plea made after arraignment and after trial has begun not entitle accused to the mitigating circumstances. If accused pleaded not guilty, even if during arraignment, he is entitled to mitigating circumstance as long a he withdraws his plea not guilty to the charge before the fiscal could present his evidence. Plea to a lesser charge is not a Mitigating Circumstance because to such, the plea of guilt must be to the offense charge. Plea to the offense charged in the amended info, lesser than that charged in the original info, is Mitigating Circumstance.

BASIS: The basis of the mitigating circumstances of voluntary surrender and plea of guilty is the lesser perversity of the offender.

8.) Physical Defect of Offender That the offender is deaf and dumb, blind or otherwise suffering from physical defect which thus restricts hi means of action, defense, or communication with his fellow beings.

NOTE: The physical defect must relate to the offense committed. BASIS: Paragraph 8 of Art. 13 considers the fact that one suffering from physical defect, which restricts ones means of action, defense, or communication with ones fellow beings, does not have complete freedom of action and, therefore, there is diminution of that element of voluntariness.

9.) Illness of the Offender Such illness of the offender as would diminish the exercise of the will-power of the offender with out however depriving him of consciousness of his act.

Requisites:

3. The illness of the offender must diminish the exercise of his will-power. 4. Such illness should not deprive the offender of consciousness of his acts.

BASIS: The circumstances in paragraph 9 of Art. 13 is mitigating because there is a diminution of intelligence and intent.

10. ) Similar and Analogous Circumstances And, finally, any other circumstances of similar nature and analogous to those above mentioned.

EXAMPLES Defendant who is 60 years old with failing eyesight is similar to a case of one 70 years old.

NOT EXAMPLES Killing the wrong person.

Outraged feeling of owner of animal taken for ransom analogous to vindication of grave offense. Impulse of jealous feeling, similar to passion and obfuscation. Voluntary restitution of property similar to voluntary surrender. Extreme poverty similar to incomplete justification based on state of necessity.

Not resisting arrest is not the same as voluntary surrender. Running amuck is not mitigating