Criminal Law Book 1 Amurao Notes

CRIMINAL LAW Page 1 of 149
Lecture & Recitation Notes Atty. Maximo Amurao

CRIMINAL LAW 1
June 17, 2011
Introduction to Criminal Law
Q: What is criminal law?
CRIMINAL LAW branch of law which defines crimes, treats of their nature
and ro!ides for their unishment
Q: "uose Con#ress enacted a iece of le#islation, and an$ !iolation of that law,
enalt$ will be a$ment of dama#es, is that criminal law?
Q: "uose the form of enalt$ will be confiscation of license, is that criminal law?
Q: %ow will $ou define a crime?
&what articular act constitutes the crime
&what are the elements of the acts
Q: What is criminal rocedure?
CRIMINAL 'R(C)*+R) bod$ of rules that enforces or re#ulates criminal law,
ro!ides for the stes in the rosecution and,or con!iction of an accused-
Q: Is there an$ difference between criminal law and criminal rocedure?
.es-
Q: What are the differences?
CRIMINAL LAW CRIMINAL 'R(C)*+R)
&substanti!e &rocedural,remedial
&/)N)RALL. rosecti!e, &rosecti!e, 0+1 CAN 0) alied
R)1R(AC1I2)
unless fa!orable to the accused,
ro!ided accused is not a habitual
delin3uent
&onl$ comes from the le#islati!e&can be romul#ated b$ the 4udiciar$
or law5ma6in# bod$7 ne!er from
the e8ecuti!e or 4udiciar$
&in fa!or of the ends of substantial 4ustice
Q: who is a habitual delin3uent?
A erson who within a eriod of 9: $ears from the date of his last release or
con!iction of the crimes of 1) serious or less serious physical injuries, 2) robo,
3)hurto 4)estafa or 5) falsification, he is found #uilt$ of an$ of said crimes a
third time or oftener ;Art <=, rc>
NO!" #$%
&os' (i))ena *+,,-./ in 0a1u *+,1,. / 2ina Acosta *+,1,. /
year +,11% !m 3uinto 4 5an6 "antos 4 &anna ecson4#e7s 3uintos4Nor)y
(i))anue7a4Ay)a "a)en8a1
CRIMINAL LAW Page + of 149
Q: "uose accused is a %*, will there be rosecti!e or retroacti!e alication of
criminal law?
Q: Is criminal law the same as the R'C?
.es
Q: What is a crime?
/eneric term used to refer to a wron#doin# unished either in R'C or under a
secial law
Q: Who has the ower to enact laws?
Con#ress ;Le#islati!e>
Q: Is the ower of Con#ress absolute?
No- 1here are limitations- It should not !iolate the constitution
Q: We call our enal code, the R)2I")* ')NAL C(*), wh$, which enal code was
re!ised?
1he "anish 'enal Code
Q: %ow was it re!ised?
&A committee was formed ursuant to Administrati!e (rder No- ?@ b$ the
*eartment of Austice-
&1he committee was formed on (ct 9B, 9B=C
&1he committee was comosed of Anacleto *iaD ;head>7 Quintin 'aredes7
Ale8 Re$es and Mariano *e Ao$a
Q: %ow did the re!ision come about?
&the R'C contains ro!isions of the "anish enal code, +" 'enal Code and
"C decisions of the 'hiliines before the creation of the R'C
Q: What are the sources of criminal law?
&Re!ised 'enal Code
&"ecial 'enal Laws enacted or assed b$ the 'hiliine Commission,
'hiliine Assembl$, 'hiliine Le#islature, National Assembl$,
0atasan# 'ambansa, Con#ress of the 'hiliines
&'enal 'residential *ecrees issued durin# Martial Law ;onl$ because the
'resident at that time had le#islati!e ower, but #enerall$, the )8ecuti!e
branch cannot issue )( or '' that are enal in nature>
&"anish 'enal Code
&+" 'enal Code ;we coied the ff crimes from the +" 'enal Code: estafa,
mal!ersation, etc>
Q: Who has the ower to define crimes?
1he "tate
Q: Wh$ does the "tate has the ower to define crimes?
NO!" #$%
0ecause of its olice ower- 1he ri#ht to rosecute and unish crimes is
!ested in the so!erei#n ower, which is the Eiliino eole-
Q: When did the R'C too6 effect?
Aan 9, 9?F=
Q: Wh$ is there a lon# lase of time in the effecti!it$ and aro!al of the R'C?
"o that '% will be familiariDed with the new ro!isions of the R'C
Q: Who aro!ed the R'C?
+" 'resident
Q: What are the theories in criminal law?
Classical, 'ositi!ist, Mi8ed
CLA""ICAL
5the ob4ecti!e is retribution
5 the emhasis is on the crime
5consistent with the sa$in# Gan e$e for an e$e, a tooth for a toothH
5 man has free will to do or not to do
5 the criminal liabilit$ arises from 6nowled#e and freedom
5man is a rational bein#
5e8amle: RA ?FC= ;%uman "ecurit$ Act of =::C>
'("I1I2I"1
5the ob4ecti!e is reformation
5the emhasis is on the criminal
5belie!es that crime is a social henomenon
5sees man as a moral,human bein#
5man b$ nature is #ood
5man is e8osed to en!ironment where man is comelled to do a crime
5e8amle: RA ?F@@ ;Au!enile Austice and Welfare Act of =::<>
'robation Law of 9?C<
Indeterminate "entence Law
MII)*
5combines the classical and the ositi!ist
5alied classical theor$ for heinous crimes
5alies the ositi!ist for economic and social crimes
Q: What do we al$ in the 'hiliines?
Mi8ed- (ur s$stem is a little bit of classical and a little bit of ositi!ist- 1he
R'C is classical and recent laws enacted b$ the le#islature are ositi!ist in
nature-
Q: What is the de#ree of roof needed to con!ict an accused of a criminal char#e?
'roof be$ond reasonable doubt
NO!" #$%
Q: Is this absolute?
No-
In the crime of treason, '0R* is not the onl$ re3uirement- 1here is a
re3uirement of the = witness rule
Q: Ma$ a erson be con!icted b$ reason of the sirit of the law?
No- (nl$ b$ the lan#ua#e of the law- It should be clear and in case of doubt, it
should be fa!orable to the accused-
June 21, 2011
Q: What are the 6inds of reeals?
9- Absolute or )8ress
5the effect is decriminaliDation
5the obliteration of a crime
5for endin# cases, the case shall be dismissed
5for those ser!in# sentence, the$ shall be released because there is no
more reason for the accused to ser!e sentence
=- 'artial or Imlied
5the crime is still unishable, but modified ;in terms of enalt$>
5e8amle: the case of Robin 'adilla, '* 9B<< was artiall$ reealed b$ RA
B=?@, which reduced the sentence for ille#al ossession of firearms, thus
3ualif$in# Robin 'adilla for arole
F- "elf5reealin#
5deemed reealed uon the e8iration of the date secified b$ the law
5the law dies a natural death
5e8amle: RA 9C:: ;Anti5"ub!ersion Law> and Rent Control Law
Q: What is the eneral characteristic of criminal law?
Criminal Law is bindin# on all ersons who li!e or so4ourn in the 'hiliine
territor$, re#ardless of race, nationalit$, olitical affiliation-
Q: Is this rule absolute?
No- 1he e8cetions are: 9- 1reaties
=- Laws of referential alication
Q: What is the territorial characteristic of criminal law?
(nl$ crimes committed within the 'hiliine territor$ ma$ be rosecuted
before 'h court
Q: What is the rationale behind this?
A crime is an offense a#ainst the di#nit$, authorit$ and so!erei#nt$ of the 'h
territor$7 and onl$ the state in which the di#nit$, authorit$ and so!erei#nt$
has been offended has the ri#ht to unish the offender-
NO!" #$%
CRIMINAL LAW Page : of 149
Q: Is the territorialit$ absolute?
No- 1he e8cetions are: 9- 1reaties
=- Laws of referential alication
Q: (ther characteristic of criminal law?
'rosecti!e ;non retroacti!it$>
)8cetion: fa!orable to the accused
)8cetion to the e8cetion: accused is a habitual delin3uent
Q: Can $ou #i!e an e8amle of a treat$ that is an e8cetion to the #eneralit$ J
territorialit$ rinciles of criminal law?
2EA
Q: Wh$ is 2EA an e8cetion?
/eneralit$ because e!en if the accused so4ourn in the 'hiliines, the
accused will not be rosecuted in h courts
1erritorialit$ because e!en if the accused committed the crime in the
'hiliines, the accused will not be rosecuted in h courts
Q: Who are the arties to 2EA?
+" and '%
Q: who are co!ered b$ the 2EA?
+" militar$ ersonnel
+" ci!ilian ersonnel connected to the +" militar$ oerations in the
'hiliines
Q: Who is a +" militar$ ersonnel?
militar$ members of the +nited "tates Arm$, Na!$, Marine Cors, Air Eorce,
and Coast /uard
Q: Is the American Red Cross ersonnel co!ered b$ the 2EA?
.es- Is he is art of the +" ersonnel
Q: What are the t$es of 4urisdiction in 2EA?
)8clusi!e and Concurrent
Q: What do $ou mean b$ e8clusi!e J concurrent 4urisdiction?
)8clusi!e e8clusi!e of other courts7 !ests 4urisdiction on one court
Concurrent both countries ha!e 4urisdiction
Q: When is it e8clusi!e?
'% ha!e e8clusi!e 4urisdiction crimes unishable under '% laws but not
unishable under +" laws-
+" ha!e e8clusi!e 4urisdiction 5 crimes unishable under +" laws but not
unishable under '% laws-
NO!" #$%
CRIMINAL LAW Page ; of 149
Q: When is it concurrent?
Crimes unishable both under '% and +" laws-
Q: 0ut, e!en if 4urisdiction is concurrent, when will '% ha!e rimar$ 4urisdiction?
&'hiliine authorities shall ha!e the rimar$ ri#ht to e8ercise 4urisdiction
o!er all offenses
&!specially, when it is a threat to the securit$ of the 'hiliines,
a> treason b>esiona#e c>sabota#e
)IC)'1:
&crime committed b$ a +" ersonnel a#ainst the roert$ and securit$ of the
+" 'h has no 4urisdiction, these includes:
9- a#ainst the roert$ of the +"
=- a#ainst the securit$ of the +"
F- a#ainst the roert$ of another militar$ ersonnel
@- a#ainst the securit$ of another militar$ ersonnel
K- committed in the erformance of official duties
Q: "uose +" militar$ ersonnel was dri!in# at Ro8as 0l!d to deli!er a confidential
letter to the +" embass$, while dri!in#, he run o!er a edestrian, which court has
4urisdiction?
+"- Committed in the erformance of official duties-
Q: "uose one ni#ht +" militar$ ersonnel went to the bar, after drin6in# and
bein# so tis$, raed a woman, which court has 4urisdiction?
'%- Not in the erformance of official duties
Q: "uose = Eiliino citiDens wor6in# as +" militar$ ersonnel in the '% had a
3uarrel- Eiliino 9 shoots Eiliino =- Who has 4urisdiction?
+"- CitiDenshi is immaterial- What is imortant is attachment to the +"
militar$
Q: "uose the one who was in4ured filed a ci!il case for dama#es, will it roser?
No- 2EA co!ers onl$ criminal asect
Q: 9 +" marine stole the wallet of another +" marine, who has 4urisdiction?
+"- 'roert$ of another militar$ ersonnel
Q: "uose $ou are a 4ud#e, the +" wrote a letter for $ou to wai!e 4urisdiction, what
will $ou do?
/enerall$, the '% has to wai!e 4urisdiction uon re3uest of +"- 1he re3uest
for wai!er cannot be re4ected-
Q: Is this rule absolute?
No- 1he re3uest for wai!er ma$ be re4ected if the crime is of articular
imortance
NO!" #$%
CRIMINAL LAW Page - of 149
RA ?<K? ;heinous crime>
RA C<9: ;child abuse cases>
RA ?9<K ;dan#erous dru#s>
Q: "uose +" militar$ ersonnel committed 6idnain#, who has 4urisdiction?
'% courts- 1his is a crime a#ainst ersonal securit$
Q: /i!e an e8amle of Laws of 'referential Alication that is local in nature?
Constitution
&immunit$ suit of resident
&absolute immunit$ of Con#ress for ri!ile#e seeches
&Con#ress immune from libel
N(1): Art <, "ec 99, 9?BC Consti is not an e8cetion- 0)CA+") Con#ress is
onl$ immune from arrest not from rosecution
Q: What else?
RA CK 'ublic International Law
*ilomatic immunit$ and cannot be sued, arrested or unished b$ the law of
the countr$ where the$ are officiall$ assi#ned:
Ambassadors
"o!erei#n or other chief of "tate
Ministers leniotentiar$ or minister residents
Char#e dLaffairs
*omestic "er!ants of ersons mentioned
N(1): Consuls and other consular officials are not e8emt from criminal
liabilit$ because the$ reresent the business, commercial mercantile of their
countr$7 while, ambassadors, chiefs of "tate, etc- reresent the olitical
interests of their countr$ of ori#in-
WAR"%I' R+L)
5warshi of another countr$, e!en thou#h doc6ed in the '% is considered an
e8tension of the territor$ of that countr$
Q: suose the warshi of +" is doc6ed at "ubic, one da$, $ou went to "ubic with
$our #f, brou#ht her to the shi, and then raed her- Will $ou be rosecuted?
No- Warshi is an e8tension +" territor$
Q: suose after rain# her, $ou brou#ht $our #f to her arents, will $ou be
rosecuted?
No- Warshi rule
)mbass$ Rule same as warshi rule
NO!" #$%
CRIMINAL LAW Page < of 149
Q: "uose one da$, $ou shut a erson at Ro8as 0l!d, when the olice officers were
runnin# after $ou, $ou 4umed o!er the fence of +" embass$- Ma$ the officers
arrest $ou, while $ou are inside the +" embass$?
No-
Q: What is then the remed$ of the officers ;'h #o!ernment>?
)8tradition
Q: suose a Eiliina le#all$ married had se8ual intercourse with an American at the
'h embass$- Is there an$ crime committed?
.es- 1he crime of adulter$, but she cannot be rosecuted under 'h courts
because of the embass$ rule-
Q: who else is e8emt,immune from criminal rosecution?
)8ecuti!e directors of W%(
Members of the Constitutional Commission
Austices of "ureme Court
Q: %ow about consular officials?
1he$ are not co!ered- 1he$ are not e8emt from criminal liabilit$ because
the$ reresent the business, commercial mercantile interests of their countr$
of ori#in-
Q: "uose Ambassador of Aaan to the +" committed a crime in the 'hiliines,
ma$ he be rosecuted?
.es, because he is not a reco#niDed dilomatic reresentati!e of his countr$
to the 'hiliines-
"rticle 2
Mar 95K of Art = is not an e8emtion to the territorialit$ rincile, it is
)I1RA1)RRI1(RIALI1.N
Q: 1he first instance in Art =?
"hould commit an offense while on 'h shi or airshi
Q: What is 'h shi or airshi?
"hi re#istered with MARINA
Airshi re#istered with Ci!il Aeronautics 0oard
Q: What are the re3uirements in order a shi,airshi be a 'h shi?
It must be re#istered in accordance with 'h laws
Q: Wh$ not re#ister in 0ureau of Customs?
1he law re3uirin# re#istration in 0ureau of Customs had been reealed- Now
its Marina and CA0
NO!" #$%
Q: *oes '% include warshi?
No- Warshi has different rule
Q: "uose a car#o shi in QueDon #oin# to Mala$sia, within 'h territor$, 9 crew
committed homicide a#ainst another crew, who has 4urisdiction?
'%- 1he crime is committed in '% territor$
It is not imortant whether car#o shi is re#istered or not, because crime
committed in 'h territor$- ;1erritorialit$ rincile>
Q: "uose that car#o shi tra!ersed throu#h international waters then reached the
waters of Mala$sia, 9 crew member committed homicide a#ainst another- Which
court?
Mala$sia- 0ecause the crime is committed in Mala$sian waters
MArt =, ar 9 ceases to al$ if the shi is in the territor$ of forei#n countr$
MArt =, ar 9 alies onl$ if the shi is in international waters
Q: "uose $ou li!e in a coastal town, then $ou hired an unre#istered motorboat,
then $ou went to intLl waters, then $ou shoot $our #f because $ou are so deressed
because of recitations in criminal law re!iew, will $ou be liable?
No- unre#istered motorboat
Q: suose in the same motorboat, a married man with his new #f went on hi#h
seas, and there #ot married- Is the man liable for an$ crime?
.es- %e is liable for bi#am$- ;because he contracted a second marria#e>
0+1 he cannot be rosecuted because of the territorialit$ rincile- 1he crime
was committed outside 'h territor$-
Q: suose after the weddin# ceremon$, $ou went to a resort, where there is a bi#
recetion- In that resort, $ou had $our hone$moon7 will $ou ;married man> be liable
for an$ crime?
No- Not concubina#e because mere se8ual intercourse not unishable, it
must be under scandalous manner
Q: suose after $our hone$moon, $ou li!e to#ether in a condo in Manila, will $ou
be liable?
.es- Concubina#e
Cohabitation7 li!in# in a searate home as husband and wife
Q: What are the = rules?
)n#lish Rule !essel is in the territor$ of another countr$, crimes committed
in that area are triable in that other countr$, unless the crimes committed
in!ol!e urel$ internal matters within the !essel7 the emhasis is on the
territorialit$ of the !essel7 where the !essel is found
NO!" #$%
CRIMINAL LAW Page 1, of 149
Erench Rule !essel is in the territor$ of another countr$, crimes committed
in that area are not triable in that countr$, unless the crimes committed ha!e
endan#ered the eace and securit$ of that countr$7 the emhasis is on the
nationalit$ of the !essel7 4urisdiction lies where the merchant !essel is
re#istered-
M1he '% adheres to the )n#lish rule
Q: Car#o shi, re#istered in 'anama while in Manila, 9 crew member shoot the other
crew member, who has 4urisdiction?
'h courts- Crime committed in manila
Q: Car#o shi, re#istered in 'anama, carried shabu, which court has 4urisdiction?
'h courts-
Q: "econd instance in Art =?
Art = ar =-
#hould fore or counterfeit any coin or currency note of the $hilippine Islands
or obliations and securities issued by the %o&ernment of the $hilippine
Islands
Q: what ma$ be the sub4ect of for#er$?
An$ coin, Currenc$ Note, obli#ations and securities issued b$ the /o!ernment
of the 'hiliine Islands
Q: "uose $ou ha!e a rintin# ress in 1aiwan, and $ou rinted 0a#on# Liunan
notes ;martial law>, liable?
No- 0ecause 0a#on# Liunan notes are not le#al tender
Q: "uose coins withdrawn from circulation, liable?
.es- 1he law does not distin#uish- It sa$s AN. C(IN
Q: "uose in $ou tamered a lotto tic6et, liable?
.es- Lotto tic6et is obli#ations and securities issued b$ the /'I
Q: #i!e e8amles of obli#ations and securities of /'I
1reasur$ bills, lotto tic6ets, bonds of the 0"'
M(bli#ations and "ecurities of /"I", """, Landban6 are not of the /'I
because the$ ha!e their own charter
Q: an$ other instance?
Art += >ar 9
#hould be liable for acts connected with the introduction into these islands of
the obliations and securities mentioned in the presidin number
Mthose who introduced the counterfeited items are criminall$ liable, e!en if
the$ were not the ones who counterfeited the obli#ations J securities
NO!" #$%
Mon the other hand, those who counterfeited the items are criminall$ liable
e!en if the$ did not introduce the counterfeit items
Q: an$ other instance?
Art += >ar. 4
'hile bein public officers or employees, should commit an offense in the
e(ercise of their functions
Q: who is a ublic officer? )see "rt 2*3)
&ta6in# art in the erformance of ublic functions in the #o!ernment, or
erformin# in said #o!ernment or in an$ of its branches ublic duties as an
emlo$ee, a#ent or subordinate official, of an$ ran6 or class7 and
&that his authorit$ to ta6e art in the erformance of ublic functions or to
erform ublic duties must be
a- b$ direct ro!ision of the law, or
b- b$ oular election, or
c- b$ aointment b$ cometent authorit$
Q: "uose '% ambassador to /erman$ was #i!en +"* =::,::: as a fund to
reno!ate the '% embass$ buildin# in /erman$- %e used onl$ +"* K:,::: for the
reno!ation, and #a!e the +"/ 9K:,::: to his number = in /erman$- Is he
;ambassador> liable?
.es- %e is liable for mal!ersation of ublic funds- %e ma$ be rosecuted in 'h
courts-
%e was in custod$ of the mone$ b$ reason of his official functions
Q: "uose our AE' hi#h officials were tas6ed to scout for firearms abroad, and
while the$ are ne#otiatin# with forei#n comanies abroad, these comanies
inserted +"*9::: in the roosal folder in anticiation that their coman$ will be
chosen b$ AE' to be the sulier of our firearms- Ma$ these AE' officials be liable?
.es- 1he$ are liable for briber$-
Q: ;follow5u> )!en if the act of accetin# the bribe was committed abroad, will the$
still be liable?
.es, because the act was committed in relation or while the AE' are in
dischar#e of their official functions-
Q: "uose Chairman Abalos ;comelec> while la$in# #olf in "han#hai, China
recei!ed +"*K:,::: in relation to the O1)? Is there a crime committed? Ma$ he be
liable?
Crime anti #raft J corrut ractices act
0+1, he cannot be liable,rosecuted before 'h courts because Abalos has
nothin# to do with O1) ;a6i alamera lan# si$a>- 1herefore, he recei!ed the
mone$ not in connection with his official function-
Q: "uose the '% ambassador to Australia is le#all$ married- Can he be rosecuted
for concubina#e?
NO!" #$%
CRIMINAL LAW Page 1+ of 149
No- Crime was committed outside '%
Crime was not in relation to official functions
!lements of concubinae+
9- 1hat the man must be married-
=- 1hat he committed an$ of the followin# acts:
a- Peein# a mistress in the con4u#al dwellin#-
b- %a!in# se8ual intercourse under scandalous circumstances with
a woman who is not his wife-
c- Cohabitin# with her in an$ other lace-
F- 1hat as re#ards the woman she must 6now him to be married
Q: Can the '% ambassador use immunit$ from suit as a defense a#ainst '% courts?
No
Q: '% ambassador, married, had se8ual intercourse with her American bo$friend in
the comfort room of '% embass$- Ma$ he be rosecuted?
.es- 'h embass$ is an e8tension of 'h territor$
,or what crime - adultery
Q: ma$ the American citiDen bf be liable for an$ crime?
.es- Adulter$
!lements+
&1hat the woman is married ;e!en if marria#e subse3uentl$ declared
!oid>
&1hat she has se8ual intercourse with a man not her husband-
&1hat as re#ards the man with whom she has se8ual intercourses, he
must 6now her to be married-
Q: Last instance?
Art += >ar :
#hould commit any of the crimes aainst national security and the law of
nations, defined in .itle /ne of 0oo1 .wo of this Code2
Q: /i!e e8amle of crimes a#ainst national securit$?
1reason, esiona#e, consirac$ to commit treason
Q: %ow about rebellion?
No- rebellion is crimes a#ainst ublic order
Q: crimes committed b$ the MILE?
No- Crime a#ainst ublic order
Q: e8amle of !iolation of the law of nations?
Anti terror law
Crimes a#ainst humanit$
/enocide
NO!" #$%
Q: what are the = 6inds of irac$?
'irac$ under the R'C
'irac$ under '* KF=
Q: what does Art = co!ers?
'irac$ under R'C onl$- 0ecause irac$ under '*KF= is committed within '%
waters
"rticle 3
Q: What are felonies?
Acts and omissions unishable b$ law are felonies ;delitos>-
Q: What do $ou mean b$ Gunishable b$ lawH
'unishable b$ the R'C
Q: how felonies are committed?
Eelonies are committed not onl$ be means of deceit ;dolo> but also b$ means
of fault ;culpa>-
Q: What is dolo? What is cula?
1here is deceit when the act is erformed with deliberate intent and there is
fault when the wron#ful act results from imrudence, ne#li#ence, lac6 of
foresi#ht, or lac6 of s6ill-
M2iolations of R'C felon$
M2iolations of secial enal law offenses
M!iolations of ordinance misdemeanor ;minor infraction of the law>
Q: What are the re3uisites of felon$?
9- Act or omission
=- R'C
F- 2oluntar$
a- Ereedom
b- Intelli#ence
c- Intent
MALL M+"1 0) 'R)")N1 IN (R*)R 1( INC+R CRIMINAL LIA0ILI1.
Q: Is ille#al ossession of bladed weaon a felon$?
No- It is not under the Re!ised 'enal Code
Att$- Amurao Lecture %i#hli#hts:
3.o be considered as a felony there must be an act or omission4 a mere
imaination no matter how wron does not amount to a felony2
NO!" #$%
3"n act refers to any 1ind of body mo&ement that produces chane in the
outside world2 ,or e(ample, if you ha&e in your mind that you will rape this
beautiful lady, but you did not rape her, you will not be liable2
3"ctus non facit reum, nisi mens sit rea )an act of a criminal should be
coupled by a criminal mind)
3It does not mean that if an act or omission is punished under the 5e&ised
$enal Code, a felony is already committed2 .o be considered a felony, it must
also be done with dolo or culpa2
3If you do not ha&e freedom, the act is not &oluntary4 the act is not a felony
3.hese are amplified in the some pro&isions of the 5$C, li1e6
Intellience - art 12 - insanity, imbecility, minority
,reedom - art 12 - under compulsion of some irresistible force4 fear of
reater injury
Intent - art 12 - by mere accident w7out fault or intent to cause harm
38ista1e of fact is a &alid defense
Q: What are the differences between MALA IN ") and MALA 'R(%I0I1A
MALA IN ") MALA 'R(%I0I1A
&intent is essential &intent is not essential
&#ood faith is a !alid
defense
&#ood faith is not a !alid
defense
&honest mista6e of fact is
a defense
&honest mista6e of fact is
not a defense
&unishable under R'C &unishable under
secial laws
&condemned b$ societ$ &in4urious to ublic
welfare
&act done must be
criminal intent
&it is sufficient that the
rohibited act was done
Q: #i!e e8amles of Mala In se?
R'C homicide, murder, arricide, arson Q and so onQ
Q: #i!e e8amles of Mala rohibita
Anti Eencin# Law
0ouncin# Chec6 Law
Ille#al 'ossession of Eirearms
Anti %uman 1raffic6in# Law
Anti %i4ac6in# Lac6
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CRIMINAL LAW Page 1: of 149
Q: "uose $our bf is a olice officer, 9 da$ while $ou were ha!in# $our date in
Luneta 'ar6, $our bf had to answer the call of nature, so he handed to $ou his istol,
while $ou were holdin# it, the officers arrested $ou, ma$ $ou be liable for ille#al
ossession of firearms?
No- 1ransient 'ossession not liable
Althou#h I was in ossession, althou#h I ha!e no license to osses, "till not
liable because I ha!e no intent, and this is an e8cetion to mala rohibita
Q: "uose the olice officers are runnin# after a man, then the man throw his -@K
caliber, $ou were around the corner and $ou e8tended $our arms, then the firearm
fell on $our hands, ma$ $ou be liable for ille#al ossession?
No- 1ransient ossession
Q: "uose I ;att$- Amurao> morta#ed m$ firearm to $ou for F: da$s, and on the
=:
th
da$, there was a raid in $our house, ma$ $ou be liable for ille#al ossession?
.es- 1here is animus ossendi
an act or omission
Act any physical mo&ement of the bod$ ;Amurao>7 any bodily
mo&ement tendin# to roduce some effect in the e8ternal world
;Re$es>
Omission means inaction7 the failure to perform a ositi!e
dut$ which one is bound to do7 there must be a law re3uirin# the
erformance of an act and unishin# the omission7 e#- arbitrar$
detention7 misrision of treason
>unis'a1)e 1y t'e Re7ise8 Pena) Co8e
MWhen there is a conflict between special penal laws and
the Revised Penal Code, in terms of the application of
penalties, what to follow?
MWhat is imortant is the definition and the classification of
the act ;whether it is an offense or a felony>
#pecial $enal Laws R enalties are stated in terms of years,
months, days
5e&ised $enal Code R enalties are stated in terms of derees,
with death as the hihest penalty7 classified as indi&isible or
di&isible
a- indi!isible R death and ublic censure
b- di!isible ;has F eriods7 what eriod to al$ is
deendent on the a##ra!atin# and miti#atin#
NO!" #$%
CRIMINAL LAW Page 1; of 149
circumstances resent in the case>
Pena)ties un8er t'e RPC *in 8escen8ing or8er in terms of
8egree.
*eath or Caital 'unishment 5 indi&isible
Reclusion 'eretua ;=:$rs J 9da$ @:$rs>
Reclusion 1emoral ;9=$rs J 9da$ =:$rs>
'rision Ma$or ;<$rs J 9da$ 9=$rs>
'rision Correccional di&isible
or *estierro ;<mosJ9da$ <$rs>
Arresto Ma$or ;9mo J 9da$ <mos>
Arresto Menor ;9da$ F:da$s>
Eine
'ublic Censure indi&isible
t'e acts 8one s'ou)8 1e voluntary ;Amurao>
voluntary 5 the concurrence of intelligence, freedom, intent
;(rte#a>
Mall should be present in order to incur criminal liabilit$
;a> intellience no intelli#ence, no criminal liabilit$7 e#-
children 9K $rs old J below are e8emt from criminal
liabilit$ ;RA ?F@@>
;b> freedom no freedom, act is not !oluntar$, no criminal
liabilit$
;c> intent essential to a felon$7 rosecution has to ro!e
intent7 ood faith is a defense
"rticle 12 of the 5$C ;)8emtin# Circumstances> is amlified b$
the imortance of the element of !oluntariness:
;a> intelli#ence insanit$,imbecilit$ SArt-9=;9>T7 minorit$
SArt-9=;=JF>T
;b> freedom under the comulsion of some irresistible force
SArt-9=;K>T7 fear of #reater in4ur$ SArt-9=;<>T7 failure to erform
an act re3uired b$ law when re!ented b$ some lawful or
insuerable cause SArt-9=;C>T
;c> intent b$ mere accident w,o fault or intent to cause harm
SArt-9=;@>T
A)i1i used in defense sa$in# that the act or omission was not
done at all7 intends to dispro&e the e(istence of an act or omission7
weaest defense7 can easil$ be fabricated7 e#- 2iDconde case
WebbLs alibi R he ar#ued that he was in the +" when the crime
NO!" #$%
CRIMINAL LAW Page 1- of 149
haened, therefore, he could not ha!e 6illed the !ictims, claimin# that
he is innocent
"ctus non facit reum, nisi mens sit rea an act of a criminal should be
couled b$ a criminal mind
the defense of honest mistae of fact
5 the act done b$ the accused would ha!e constituted:
;a> a 4ustif$in# circumstance ;Art-99, R'C>
5 in all instances R no criminal liabilit$7 no ci!il liabilit$
;b> an absolutor$ cause SArt-=@C;=>T

;c> an in!oluntar$ act
Re?uisites for honest mistae of fact as a 8efense%
1. that the act done would ha!e been lawful had the facts been
as the accused belie!ed them to be
+. that the intention of the accused in erformin# the act should
be lawful
9. that the mista6e must be without fault or
ne#li#ence,carelessness on the art of the accused
Cases on 'onest mista@e of fact%
1! "# v! $h Chong ;landmar6 case>
5 Ah Chon# 6illed friend 'ascual thin6in# he was a thief,ladron
5 there was sufficient warnin# on the art of accused7 accused
was ac3uitted
2! "# v! $pego
5 accused 6illed her brother5in5law in fear of bein# raed7 #uilt$
of homicide
%! People v! &anis
5 olicemen 6illed the wron# erson w,o warnin#7 #uilt$ of
murder
'! People v! (ayambao
5 accused 6illed his brother5in5law thin6in# he was an outlaw
5 brother5in5law acted as if he #oin# to attac67 accused was
ac3uitted
Moti7e
5 special reasons that impel the accused to act ;Amurao>
5 the mo&in power which imels one to action for a definite result ;Re$es>
5 not an essential element of a felon$
5 e!idence of moti!e is necessary only in case of: ;9> doubt in the identit$ of
the accused ;Amurao>, ;=> two conflictin# !ersions of the crime
5 moti!e is established b$ the testimon$ of the witness
5 lac6 of moti!e ma$ be an aid in showin# innocence
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CRIMINAL LAW Page 1< of 149
0iscernment abilit$ of the accused to determine riht from wron
!xce>tions to t'e genera) ru)e on ma)um >ro'i1itum crimes *PL!A"!
R!A!R O R!$!" #OOB.
1. Cuenca v! People
5 Cuenca was ac3uitted b$ the "C from the crime of ille#al ossession of an
unlicensed firearm7 it is said that the "C erred in its decision ;Amurao>
+. People v! )andicho
5 con!icted b$ the trial court7 decision re!ersed b$ the Court of Aeals
5 the CA held that con!ictin# the accused would be sacrificin# substantial 4ustice for
mere technicalit$
9. People v! *allare
5 case was about the dela$ of the issuance of the license
5 the accused con!icted b$ the trial court7 decision re!ersed b$ the CA
5 the CA held that the blame should be ut on the #o!ernment not on the alicant
of the license
4. mere transient possession of unlicensed firearm
5 not criminall$ liable
5 in the crime of illeal possession of unlicensed firearm, for an accused to be
criminall$ liable, there should be animus posidendi or 9intent to possess:
"rticle 4
Concet of ro8imate cause in4ur$ inflicted
Q: What is ro8imate cause?
Proximate cause is that cause which sets into motion other causes and
which unbro6en b$ an$ efficient suer!enin# cause roduces a felon$ without
which such felon$ could not ha!e resulted
As a #eneral rule, the offender is criminall$ liable for all the conse3uences of
his felonious act, althou#h not intended, if the felonious act is the ro8imate
cause of the felon$ or resultin# felon$-
A ro8imate cause is not necessaril$ the immediate cause- 1his ma$ be a
cause which is far and remote from the conse3uence which sets into motion
other causes which resulted in
the felon$-
NO!" #$%
Imme8iate cause infection
Q: What is efficient inter!enin# cause?
)fficient Inter!enin# Cause interruted the natural flow of e!ents leadin# to
oneLs death
&2ictim is under no obli#ation to submit to medical treatment to reduce or miti#ate
the liabilit$ of the accused-
Q: A, 0, C hold u a bus, a assen#er ran awa$, hit b$ the car, assen#er died- Who
is liable?
A0C
Q: %old u in a nearb$ #rocer$ store, old man suddenl$ collased seein# the
commotion, old man e!entuall$ died, who is liable?
Robbers
Immediate cause heart failure
Q: "uose Att$ Amurao durin# recit, $ou collased, hit the table and massi!e
bleedin#, dead on arri!al, is amurao liable?
No- Recit is not a crime
Q: suose because of $our wron# answers, amurao shouted defamator$ words,
liable?
.es- Amurao committed slander
Q: Is it wron# to lo!e a married erson?
No- As lon# as it does not #o be$ond that oint
Q: "e8ual intercourse with a married woman, while doin# the act, the woman had
heart attac6, will $ou be liable?
.es- .ou committed adulter$
Q: Man married, had a se8ual intercourse with a sin#le woman, the woman had
heart attac6, died- Will $ou be liable?
No- Concubina#e is not committed
Q: If under a tree in Luneta?
.es- Liable for concubina#e, under a scandalous manner
Q: both sin#le, man is a teacher, woman is a student, liable?
No- 1here is no crime
Q: If the student is under 9B $ears old, will $our answer be the same?
NO!" #$%
CRIMINAL LAW Page +, of 149
No- 1his time there is a crime- Qualified seduction or rae b$ #ra!e abuse of
authorit$
Q: What is an imossible crime?
Q: /i!e the case of Intod
Q: /i!e the elements of imossible crime !is5U5!is facts of Intod
Q: /i!e the case of '' ! Aacinto?
Q: do $ou a#ree with the decision?
Q: %ow is theft committed?
Q: Is it an element that the accused should ma6e or actuall$ rofit?
No
Q: Ma$ a erson be liable if he did not commit a crime?
.es- Imossible crime- 1echnicall$ no crime, sub4ecti!el$ there is a crime
Q: What is the enalt$?
Arresto Ma$or or a fine ran#in# from =:: to K::
M+rbano case
Q: what is the ne#li#ence committed b$ Aa!ier?
Causes C'ic' may >ro8uce a resu)t 8ifferent from t'at C'ic' t'e offen8er
inten8e8= as contem>)ate8 in Art. 4 *1.
1. there is a mistae in the identity of the !ictim
5 also 6nown as error in personae7 or napa1amalan
5 not a defense in a criminal case7 not e!en a miti#atin# circumstance
+. there is a mistae in the blow
5 also 6nown as aberration ictus
5 not a defense in a criminal case7 not e!en a miti#atin# circumstance
9. the in+urious result is greater than that intended
5 also 6nown as praeter intentionem
Article @;9> contemlates that there should be a felony being committed
5 emhasis is not on the mere wronful act7 it should constitute a felony
5 e#- the act of committin suicide results to others bein injured R punishable
under "rt24)1) because althou#h not intended, the in4ur$ was caused b$ means of
culpa, which can constitute a felon$
NO!" #$%
CRIMINAL LAW Page +1 of 149
Article @;9> does not apply if the act committed constitutes a crime punishable by
special law
Concubinae 5 instances
5 a husband brin#in# home a woman, that is not his wife, to the con4u#al dwellin#
5 ha!in# se8ual intercourse under scandalous circumstances
5 cohabitation7 li!in# in a searate home as husband and wife
Proximate Cause
5 there is a chain of causes from an ori#inal act that results to an in4ur$
5 if the result can be traced bac1 to the oriinal act, then the doer of the ori#inal act
can be held liable
!fficient Inter7ening Cause interrupted the natural flow of e!ents leadin# to
oneLs death
Q: What is imossible crime? What is the reason for unishin#?
"uress criminal roensit$
Q: "uose son for#ed si#nature of his father in a chec6, the deosited the chec6,
but was dishonored, is this imossible crime?
No- Ealsification of commercial document- Eor#er$ is a crime a#ainst ublic
interest
/i!e the elements of for#er$
Q: .our room mate 6u6unin $un# 4ewelr$ na nasa cabinet na na6a5loc6, taos wala
ala $un# 4ewelr$ dun sa cabinet, imossible crime?
No- 1heft of 6e$ un# taman# sa#ot
Mwoman lan# an# wede for forcible abduction
Instances C'en t'ere is a >roximate cause an8 C'en t'ere is none
When there is an intervening disease and the disease is:
*a. closely related to the wound;s> R accused is criminally liable
*1. unrelated to the wound;s> R accused is not criminally liable,
because the disease not associated with the
wound;s>, e#- brain tumor
*c. a combined force with the wound;s> R accused is criminally liable,
because the mortal wound is a
contributin factor to the &ictim;s death
A mortal wound is a contributing factor when:
NO!" #$%
CRIMINAL LAW Page ++ of 149
i- the wound,s- is,are sufficient to cause &ictim;s death alon# with
the disease
ii- the mortal wound was caused b$ actions committed by the
accused
+. When the death was caused b$ an infection of the wound due to the
unsilled medical treatment from the doctors:
;a> if the wound is mortal R accused is criminally liable, because the
uns1illed treatment < infection are not
efficient inter&enin causes
mortal wound V uns1illed medical treatment onl$ R accused is
criminally liable because the mortal wound naturally led to the death of
the !ictim
;b> if the wound is slight R accused is not criminally liable, because
the uns1illed treatment < infection are efficient inter&enin causes
&In "rbano v! .$C, the wound caused b$ accused +rbano was alread$ treated and
was in the normal process of healin which is in aro8imatel$ @wee6s7 but because
deceased Aa!ier did not wait for the wound to heal and still wor6ed b$ fishin#, his
wound #ot infected with tetanus which caused his death- 1he actions of the
deceased when he still wor1ed without waitin for his wound to heal was an
efficient inter&enin cause, thus the accused is not liable for his death an$more-
Q: What is the purpose for unishin# an imossible crime?
1he purpose of unishin# an imossible crime is to pre&ent or suppress the
criminal tendency of the accused
'ersons found #uilt$ of imossible crimes are sentenced to arrestor ma$or
;9mo-9da$ to <mos-> ursuant to Article K? of the Re!ised 'enal Code
/bjecti&ely, there is no crime
#ubjecti&ely, the crime is present
#hould there be a crime committed, in order to be held liable for an imossible
crime? /0#7 the act,s- should constitute a crime against persons or
property
Re?uisites for an im>ossi1)e crime un8er Artic)e 4*+.
1. that the act erformed would be an offense aainst persons or property
+. that the act was done with e&il intent
NO!" #$%
9. that its accomplishment is inherently impossible or that the means
employed is either inade=uate or ineffectual
4. that the act erformed should not constitute a &iolation of another
pro&ision of the Re!ised 'enal Code
Rape used to be a crime a#ainst chastit$7 but because of RA BFKF, rae was
reclassified as a crime against persons, therefore, one can now be held liable
for the imossible crime of rae
In People v! .ntod, the Court erred in its decision of considerin# the acts of the
accused as an imossible crime under Art-@;=> of the R'C because the 4
th
element7re=uisite was not satisfied- 1he acts of the accused of shootin# at the
house and dama#in# the same, can constitute as malicious mischief, which is a
crime aainst property- 1herefore, the accused should ha!e been char#ed with the
latter instead of findin# them #uilt$ onl$ of the imossible crime of murder-
July ', 2011
Q: Who incurs criminal liabilit$?
Q: What is a ro8imate cause?
Q: if there is a crime intended and a crime committed is different, what is the e8tent
of criminal liabilit$?
1he lesser enalt$ will be imosed-
If the crime intended has a lesser enalt$, then that will be char#ed
If the crime committed has a lesser enalt$, then that will be char#ed
Q: "uose $ou will rob a 4eene$, because of fear, the assen#er 4umed of and
died, will be liable?
.es- 0ecause I am committin# a felon$, and I am liable for its effects-
Q: "uose Amurao durin# $our recit, ointed a #un at $ou because of $our wron#
answers, then $ou collased and died- is amurao liable?
.es- 1here is #ra!e threat
Q: "uose the #un was a to$ #un, liable?
.es, still liable- 1here is still threat
Q: "uose because of $our low #rade in criminal law re!iew, $ou brea6 u with
$our bo$friend bein# so sad, $our bf collased and died, liable?
No- 0rea6in# u is not a felon$
Q: "uose while $ou and $our bo$friend is doin# the act itself ;do I need to
elaborateWalam mo na $an>, $our bf collased and died, will $ou be liable?
No- 1he act of ha!in# se8 is not a felon$-
Q: e!en if $ou are not married to each other?
NO!" #$%
.es sir
Q: suose $our bf is married, are $ou liable?
.es- Concubina#e
Q: "uose man had se8ual intercourse with married woman, but the woman
consented, crime?
Adulter$
"rticle 5
Artic)e :*1. Re?uirements%
1. the act committed by the accused aears to be not punishable by law
+. but the court deems it proper to repress such act
9. in that case, the court must render the proper decision by dismissin the
case and ac=uittin the accused
4. the jude must then ma1e a report to the Chief )8ecuti!e throu#h the
"ecretar$ of Austice statin# the reasons which induce him to belie!e that the
said act should be made the subject of penal leislation
#asis for Artic)e :*1.%
9>ullem crimen, nulla poena sine lee2:5 1here is no crime if there is no law that
unishes the act
1hy dismiss2 In the absence of a law that will unish the accused, the 4ud#e
cannot imose a enalt$ because the duty of the jude is only to interpret or
apply the law4 the jude cannot reprimand or curse the accused because it would
e=uate to public censure4 the reprimand would be inconsistent with the ac=uittal
Artic)e :*+. D 03cessive Penalties
Q: What are the re3uirements?
1. the court after trial finds the accused uilty
+. the penalty pro&ided by law and which the court imoses for the crime
committed appears to be clearly e(cessi&e because:
;a> the accused acted with lesser deree of malice and,or
;b> there is no injury or the injury caused is of lesser ra&ity
9. the court should not suspend the e(ecution of the sentence
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CRIMINAL LAW Page +: of 149
4. the jude should submit a statement to the Chief !(ecuti&e throu#h the
"ecretar$ of Austice, recommendin e(ecuti&e clemency
1he $resident has the power to rant e(ecuti&e clemency, throu#h ardon, arole,
commutation ;reduction of sentence>, rerie!e or amnest$
Artic)e :*+. may not be invoed in cases in&ol&in acts mala prohibita
because said article only applies to acts mala in se because the rulin# is based
on the hrase in the ro!ision, taes into consideration the degree of malice
"rticle ?
Q: What are the sta#es in the commission of a felon$?
Consummated a felon$ is consummated when all the elements
necessar$ for its e8ecution and accomlishment are resent
4rustrated 5 it is frustrated when the offender erforms all the acts for
e8ecution which would roduce the felon$ as a conse3uence but,
ne!ertheless, do not roduce it b$ reason of causes indeendent of the will of
the eretrator
$ttempted there is an attempt when the offender commences the
commission of the felon$ directl$ b$ o!ert acts and does not erform all the
acts for e8ecution which should roduce the felon$ b$ reason of some cause
or accident other than his own sontaneous desistance
NO!% A7ai)a1)e on)y in RPC.
Q: /i!e e8amle of each ;consummated, frustrated, attemted>
Q: What are the hases?
"u1Eecti7e >'ase from the time the offender commences the commission
u to the performance of the last act where he still has control7 an
attempted felony is committed within the sub4ecti!e hase and does not #o
be$ond this hase
O1Eecti7e >'ase frustrated and consummated felonies are within the
ob4ecti!e hase
;a> frustrated the felon$ is comlete but still is still not roduced as far
as the offender is concerned
;b> consummated when all the elements under the Re!ised 'enal Code
are resent
R0*0*(0R5 in $rson
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CRIMINAL LAW Page +; of 149
*a. consummated R so lon# as a art of the buildin# is burned, no matter
how small
*1. frustrated R if onl$ the contents of the buildin# ;e#- chairs and tables>
are burned
*c. attempted R contents ha!enLt been burned
MIntent is alwa$s established- Pahit a arehended at the time ot in the act
of brin#in#,#ettin# #asoline attemted a din
MIndeterminate sta#e intent is not $et established
Q: "uose built in cabinets, burned the clothes in the cabinet, includin# the
cabinet?
Consummated arson, deemed art of the bld#
Q: "uosin#, the accused 1roug't gaso)ine into a buildin#, Cit' t'e intent to
1urn the buildin#, but was a>>re'en8e8 b$ the securit$ #uard7 did the crime of
arson commence?
$!", thus the accused is liable for attem>te8 arson, because the 1ringing
of gaso)ine was alread$ an o!ert act while the a>>re'ension was the reason
other than his own sontaneous desistance-
Q: "uosin#, usin# the same set of facts abo!e, but Cit'out t'e intent to 1urn
the buildin#, is there criminal liabilit$?
NO, in fact there is no crime, because the acts were onl$ in an
in8eterminate stage-
Q: "uose the white board was burned?
White board not an inte#ral art
Q: when is the crime in the attemted sta#e?
In8eterminate "tage we do not 6now what crime is in the mind of the
offender7 the crime has not $et been determined7 there are still two ossibilities
when the accused was cau#ht
Accordin# to 'rof- Amurao, when a erson is accused of committin# a felon$, we
ha&e to first establish the crime in the mind of the offender to establish the
commencement of the commission of the felony7 otherwise, the situation when
he was cau#ht would be in an indeterminate stage, wherein the crime that the
accused intended to do could not be determined
6heft7Robbery
NO!" #$%
CRIMINAL LAW Page +- of 149
5 both these crimes are committed by taing the ersonal roert$ of
another and, with the intent to gain
5 the difference is that in robbery, there is the use of force or violence
5 so lon# as the act stated in the RPC is done, the crime is consummated
5 it does not matter how lon# the roert$ was in the ossession of the
accused7 it does not matter whether the roert$ was disosed or not7 what
matters is whether or not there was 8asportacion9 R unlawful ta1in
5 momentary possession consummates the crime of theft or robber$
5 returning the item to the owner is immaterial7 has no effect to the
crime
5 upon consummation of the crime, criminal liability automatically
attaches
Q: $ou are wal6in# in recto, cellhone was snatched, but it was return to $ou- What
sta#e?
Consummated
Q: suose in a ri!ate subdi!ision, with intent to commit robber$, $ou are tin6erin#
with the loc6 of a #ate, the securit$ #uard arehended $ou- Liable?
.es- Attemted robber$
Q: suose $ou intent to commit robber$, then $ou lace a ladder at the wall of the
house, when $ou lace the ladder, $ou were arehended- Liable?
.es- Attemted robber$
Q: if no intent?
Not liable
Q: accused tr$in# to oen $our car, roblem is silent with the intent, ma$ $ou be
liable for attemted theft?
No-
(enin# the door of the car onl$ indeterminate sta#e
Q: "uosin#, the accused was tin@ering Cit' t'e )oc@ of the #ate of a nei#hborLs
house, Cit'out t'e intent to commit a fe)ony7 is he liable for an$thin#?
NO, because the situation was in an indeterminate sta#e wherein it could
not be determined what the accused intended to do
NO!" #$%
CRIMINAL LAW Page +< of 149
Q: "uosin#, the accused Eum>e8 o7er t'e fence into another ersonLs house
Cit'out t'e intent to commit robber$, is he liable for attemted robber$?
NO= but he is liable for the crime of tres>assing
M"ame with arson, when a erson is accused of committin# a felon$, we
ha&e to first establish the crime in the mind of the offender to establish
the commencement of the commission of the felony7 otherwise, the
situation when he was cau#ht would be in an indeterminate stage, wherein
the crime that the accused intended to do could not be determined
In People v! )amahang, the accused was able to oen one board of the door to
ri!ate resondent 1an .uLs store, when the olice cau#ht him- 1he "C ruled that
the accused is not liable for attempted robbery because the intent to rob .an @u;s
store was not established, thus when accused was cau#ht, it was in an
indeterminate sta#e- 0ut the Court held him liable for attempted trespass to
dwellin
In People v! #alvilla, the accused were held liable for the crime of robbery with
serious illeal detention and serious physical injuries, and not frustrated robbery,
e!en without physical ta1in or possession of the mone$ the$ demanded because
the money was within the dominion, which the accused had control o&er and it
was where the crime was bein# committed- *urin# whole time when neotiations
went on between the accused and the olice, the crime of robbery was deemed
consummated
Q: suose hold u in a #rocer$ store, hold uers as6ed the cashier to lace the
mone$ inside a ba#, no one hold the mone$- Is the crime consummated?
.es- 1here is constructi!e control
&u)y := +,11
Crimes involving the taing of human life7 Crimes against persons
5 these crimes are committed by illing a person )8A$I):
i. Murder 6illin# a erson with attendin# or a##ra!atin# circumstances
ii. 5omicide 6illin# a erson without attendin# circumstances
iii. Parricide 6illin# a relati!e, i-e- souse, arent, child, siblin#, etc-
i7. Infanticide 6illin# a child less than three ;F> da$s old
5 e!en without intent, the moment the &ictim dies, intent is presumed b$
oeration of law and the crime is consummated
5 if the &ictim doesn;t die but the wound inflicted is mortal, it is frustrated
NO!" #$%
5 if the there is no intent to 1ill, but the wound inflicted is mortal or fatal, the
crime is not either 8A$I but serious physical injuries
Morta) when the wound inflicted can cause the death of the victim7
when death will follow
5 for frustrated J attempted cases, it is important to determine intent to
1ill
Q: "uosin#, in a car accident, the accused hits a erson causing morta)
Coun8s, but the 7ictim 8oes not 8ie, is the dri!er5accused liable for frustrated
homicide?
NO, he is onl$ liable for serious >'ysica) inEuries
Ru)es on crimes against >ersons *M5PI. an8 t'e stages of execution
9- victim dies, with or without the intention to 1ill, intent is conclusi&ely
presumed b$ oeration of law, the crime is consummated *:P.
=- !ictim does not die, with the intent to 6ill, mortal wounds were inflicted,
the crime is frustrated *:P.
F- !ictim does not die, with the intent to 6ill, nonBmortal wounds were
inflicted, the crime is attempted *:P.
@- !ictim does not die because there was only an o&ert act and no wound was
inflicted, but there was intent to 6ill, the crime is attempted *:P.
K- !ictim does not die, without the intent to 6ill, mortal wounds were inflicted,
the crime is serious physical in+uries
<- !ictim does not die, without the intent to 6ill, nonBmortal wounds were
inflicted, the crime is less serious or slight physical in+uries
I))ustration%
0eat' Intent Fra7ity of t'e Coun8 Crime
*1. .)" resumed of course mortalN Consummated M%'I
*+. N( .)" mortal wounds Erustrated M%'I
*9. N( .)" non5mortal wounds Attemted
M%'I
*4. N( .)" o!ert act onl$, no wound Attemted M%'I
NO!" #$%
*:. N( N( mortal wounds "erious h$sical in4uries
*;. N( N( non5mortal wounds Less serious,"li#ht h$sical
in4uries
In People v! 6rinidad, the trial court held the accused criminall$ liable of two
counts of murder ;for 6illin# "oriano and Laroa> and frustrated murder ;for shootin#
at 1an>- 1he "C modified the decision b$ rulin# that the accused was liable for two
counts of murder and attempted murder, not frustrated, because the wound
inflicted on 1an was not mortal or fatal
In People v! )im #an, the trial court held the accused criminall$ liable of
attemted murder for stabbin# Pen# Pin in the left e$e- 1he "C modified the
decision b$ rulin# that the accused should be liable of frustrated murder because
not only was it established that there was intent to 1ill, but also the wound inflicted
was mortal- It 4ust so haened that the !ictim did not die because of the romt
and efficient medical assistance #i!en to the !ictim- 1he treatment was the cause
indeendent of the will of the accused-
In *ondragon v! People, the "C held that the accused was onl$ uilty of less
serious physical injuries because when the accused and the !ictim were hac6in#
each other with their bolos, there was no intent to 1ill on neither art$7 and also
because the !ictim did not die since the wounds were not mortal
R$P0
5 the crime of rape is consummated b$ mere penetration of the male or#an, no
matter how slight
C+ #upposin, the enetration was onl$ = millimeters dee, consummated?
/0#, no matter how sli#ht the enetration is, it is still consummated
C+ #upposin, the rae was consummated because there was enetration, but
accordin# to the medical e8amination, the !ictim was still a !ir#in, can the accused
still be held liable for consummated rae?
/0#, as lon as there is penetration, the rape is consummated-
In People v! &rita, the medical e8aminer testified that the !ictim was still a !ir#in
therefore the rae ma$ not ha!e been consummated- 0ut the "C ruled that the
testimony of the &ictim herself should be i&en reater weiht because she herself
can feel whether or not there was penetration-
Instances of attempted rape:
5 when the s1irt of the &ictim has been lifted, no matter what osition
5 when the accused mounted on the body of the !ictim
NO!" #$%
5 when there is epidermal touchin of the #enital or#ans of the accused and the
!ictim
1he difference between attempted rape and acts of lasciviousness is that with
the former, there is carnal nowledge or the intent to have se3ual intercourse
is established
6here is no such thing as frustrated rape7 the onl$ e8cetion was when the "C
ruled in 'eole !- )riXa that the accused was #uilt$ of frustrated rae- 1hereafter,
no one has since been held #uilt$ of frustrated rae-
0#6$4$
5 the elements for the crime of estafa are ,1- deceit, and ,2- damage
5 without one of the two elements, estafa would not be consummated
In "# v! ;omingue<, the "C ruled that the accused was uilty of frustrated estafa
because before accused could cause dama#e b$ disosin# of the mone$ that he
deceitfull$ too6, he was arehended b$ their storeLs suer!isor, which was the
cause indeendent of the will of the accused-
&6:0R .=#6$=C0# 4&R :&*.C.;0 $=; &6:0R CR.*0#
C+ #upposin, with intent to ill, the accused pulls out a gun then points it
at someone, what crime is the accused liable for?
$ttempted homicide
C+ #upposin, with intent to ill, the accused fires a gun at someone but
misses, what crime is the accused liable for? $ttempted homicide
C+ #upposin, usin# the same set of facts, but without the intent to ill, what
crime is the accused liable for?
5 for pulling out the gun and pointing it R grave threat
5 for firing the gun R illegal discharge of firearm ;obsolete7 must be
deleted>
C+ #upposin, with intent to ill, the accused fires a gun at someone, then
accused lea&es thin1in that the &ictim is already dead- 1he accused did not 6now
that he missed because the &ictim played dead- What crime is the accused liable
for? $ttempted homicide, attemted because there was no wound, but there was
still intent to 6ill- What is imortant is that there was no wound
C+ #upposin, with intent to ill, the accused fires a gun at someone, then
accused lea&es thin1in that the &ictim is already dead- 1he victim is hit but it is
not fatal or mortal- What crime is the accused liable for? "till $ttempted
homicide, because what is imortant is the e(tent or gravity of the wound-
,People v! &rinaga-
NO!" #$%
Q: suose a sales lad$ in the deartment store, lace the 4ewelr$ inside her ba#,
but the 4ewelr$ was reco!ered b$ the securit$ #uard, crime?
Consummated 3ualified theft
Q: will reco!er$ affect the sta#e of the commission?
No
Q: "uose the sales lad$, !oluntaril$ returned, crime?
"till 3ualified theft-
1a6in# consummates the crime
Q: suose the sales lad$, sold the 4ewelr$ and used the mone$, crime?
)stafa
Q: suose the sales lad$, sold the 4ewelr$ and returned the mone$ at <m?
Erustrated )stafa
Q: suose = crew members disco!ered the resence of a stow awa$ and the$ want
to eliminate the stow awa$, so the$ decided throw the stow awa$ in the sea, where
there is shar ob4ect, but after $ou lea!e, a fishin# !essel was there to hel the
stow awa$, there was no wound, crime?
Erustrated murder
IN!N O BILL
Q: F armarlite shots nei#hbor but did not hit?
Attemted
Q: distin#uish from ille#al dischar#e of firearm
No intent to 6ill
Q: distin#uish from #ra!e threat?
1here is intent to 6ill
Q: suose there are ?? wounds, but none was mortal?
Attemted
Q: what is an o!ert act?
"omethin# $ou see, feel, touch ;do not relate to criminal offense at first>
"rticle D
Q: What are li#ht felonies?
)ight felonies are infractions of law which ha!e the unishment of
arresto menor or a fine not e8ceedin# =:: esos
NO!" #$%
Fenera) Ru)e% Liht felonies are punishable onl$ when the$ ha!e been
consummated
Reason% in!ol!es insinificant moral and material injuries7 if not consummated,
the wron# done is so sli#ht that a penalty is unnecessary
!xce>tion% Liht felonies committed aainst persons or property are unishable
e!en if in the attempted or frustrated sta#e
Reason% resuoses moral depra&ity
Eor light felonies, the onl$ ones who can be held liable are the principals and
accomplices-
Eor grave or less grave felonies, those who can be held liable are principals,
accomplices and e!en accessories, because the deree of the penalty to be
imosed deends on % factors:
*1. sta#es of e8ecution
*+. the de#ree of articiation
*9. the resence of attendin# circumstances
Q: When unishable?
(nl$ when consummated
Q: Is this absolute?
No- If a#ainst ersons or roert$
Q: ReasonQ-
Q: Who shall be criminall$ liable?
'rincials
Accomlices
N(1 ACC)""(RI)"
M'enalt$ for accomlices 55 one de#ree lower ;censure>
M'enalt$ for accessories two de#rees lower ;WALA NAN/ L(W) 'A- PA.A
N/A %IN*I LIA0L) AN/ ACC)""(RI)">
Q: Who is a rincial? An Accomlices? An Accessories?
"rticle E
Q: what is consirac$?
5 Conspiracy e8ists when two or more ersons come to an agreement
concernin# the commission of a felon$ and 8eci8e to commit it
NO!" #$%
5 $roposal e8ists when the erson who has decided to commit a felon$
rooses its e8ecution to some other erson or ersons
Fenera) ru)e% Conspiracy and proposal to commit a felon$ are not punishable
Reason% because the$ are mere preparatory acts ;Re$es>
!xce>tion% Consirac$ and roosal are punishable only in the cases in
which the law specially pro&ides a penalty thereof
Q: #i!e an e8amle of consirac$ J roosal
Q: the effects of consirac$
1here will be collecti!e resonsibilit$
Q: effect of non5establishment of consirac$?
Accused will be liable onl$ to the e8tent of articiation
Q: if established?
Collecti!e resonsibilit$ act of one, act of all
Q: de#ree of e!idence needed to ro!e consirac$?
N(1 be$ond reasonable doubt
"ufficient that the act is closel$ related to the crime,felon$ intended to commit
Q: is it necessar$ that each articiate?
No- 1he$ must ha!e common criminal desi#n
Q: what do $ou mean b$ common criminal desi#n?
Q: what is imlied consirac$?
Q: from what factors ma$ $ou iml$ consirac$?
Acts and words before and after the commission of the felon$
Q: is it enou#h that there is an a#reement to commit felon$?
No- the$ must e8ecute the o!ert act
Q: how would $ou 6now if communit$ of urose e8ists?
Erom the acts and remar6s of the accused
1here must be unit$ of criminal thou#h
0)E(R), *+RIN/, AE1)R 55 acts of each of the accused ma$ be searate,
indeendent of each other but must show close ersonal association7 closel$
related to each other, there is coordination-
Q: A 0 C * ) ;robbers> a#reed and decided to commit ban6 robber$- A sta$ed in
the #etawa$ car 9:: meters from the ban67 0 loo65out C disarm the securit$ #uard
NO!" #$%
* J ) commit robber$- ) shot to death the ban6 mana#er- Will A be liable for the
death?
.)"- 1here is consirac$- Act of 9, act of all
Q: 9, =, F, @, K met in safe house discussed, a#reed and decided to commit robber$-
When the$ were about to rob the ban6, the$ saw the olice around the ban6-
Liable?
No- Mere consirac$ not unishable
Q: K members of arm$ decided to commit cou d etat, met in safe house to discuss
lan, liable?
.es- Consirac$ to commit cou d etat is unishable
Q: distin#uish consirac$ as a felon$ and as manner of incurrin# criminal liabilit$-
E)L(N. R'C unishes mere consirac$
LIA0ILI1. 1here must be o!er act
Q: 9, =, F, @, K, a#reed to commit a felon$ when about to meet the ne8t mornin#- K
did not arri!e for emer#enc$ uroses- 9, =, F, @ commit the felon$ and was cau#ht-
Is number K liable?
No- %e is not a consirator-
A consirator must a#ree, decide and e8ecute the o!er act
K was not resent
Q: suose K dro!e for 9, =, F, @ but went home earl$- Liable?
.es- *ri!in# alread$ an o!ert act
Q: suose K was not the dri!er, but he was sitti# in front of the !an, then after
ali#htin# went home, liable?
No- 1here is no o!ert act ;asahero lan# si$a sa !an>
M/eneral Rule if not resent in the scene of the crime N( liabilit$
M)8cetions resence is to ro!ide for moral suort or to ensure commission
of the felon$
Cases of cons>iracy >unis'a1)e 1y )aC
;i> Article 99K of the R'C Consirac$ to commit treason
;ii> Article 9F< Consirac$ to commit cou dLetat, rebellion or insurrection
;iii> Article 9@9 Consirac$ to commit sedition
;i!> Article 9B< Monoolies and combinations in restraint of trade
;!> Consirac$ to commit terrorism 5 under the %uman "ecurit$ Act ;RA?FC=>
NO!" #$%
;!i> Consirac$ to commit crimes under the Comrehensi!e *an#erous *ru#s
Act ;RA ?9<K>
Cases of >ro>osa) >unis'a1)e 1y )aC
;i> 'roosal to commit treason
;ii> 'roosal to commit cou dLetat, rebellion or insurrection
5 there is no crime of proposal to commit sedition
Q: What is the legal effect of the resence of consirac$?
5 Gthe act of one is the act of allH, meanin# e!er$one who articiated is
e=ually liable7 there is collecti&e responsibility
Eor conspiracy, ta6e note of the word agreement
Agreement ma$ be oral or written, e(press or implied
It is the burden of the prosecution to pro&e the e(istence of conspiracy throu#h
circumstantial e&idence unless there is a confession or written areement, which
is seldom because criminals will usuall$ den$ their articiation or the commission
of the crime
Q: What is .mplied Conspiracy?
5 Im>)ie8 cons>iracy can be inferred from the acts of the
eretrators,accused before, durin# or after the commission of the crime
Q: %ow about the use of words, remars or language of the eretrators, can
consirac$ still be ascertained or established? /0#
Q: Ma$ there be consirac$ when the perpetrators perform separate, distinct
and independent acts in the commission of a crime? /0#
Q:Ma$ there be consirac$ e!en if other conspirators do not now who the
other conspirators are? /0#
&In People v! *anlolo, it was held that there was implied conspiracy on the art
of the accused because the$ were acting in concert, one performin an act, the
other doin another act, all aimed at the same object
Ru)e on 8etermining C'et'er t'ere is cons>iracy
5 based on the ;9> acts done before, durin or after the commission of the
crime, or, based on the ;=> words, remars or language used before,
durin or after the commission of the crime, it is necessary to determine
after these acts were done whether the conspirators had the followin:
1. concerted action 9. communit$ of urose
+. common criminal desi#n 4. 4oint criminal ob4ecti!e
NO!" #$%
5 all of which are eared towards the attainment of the felony or crime
"uggeste8 cases for cons>iracy on t'is ru)e
5 'eole !- "alcedo7 'eole !- 0riones7 Medi4a, Ar- !- "andi#anba$an
Q: "uosin#, on)y minor acts were done, will the actor still be liable? $!"
Q: "uosin#, there was no cons>iracy, what will haen? 1he eretrators of the
crime will be in8i7i8ua))y )ia1)e deendin# the extent of t'e 8egree of eac'
oneGs >artici>ation
In Peo>)e 7. Aga>inay= the "C ruled that there was no consirac$ in commission
of the murder because the incident was onl$ a s>ur of t'e moment or in this case,
a Gc'ance sta11ingH, which cannot be considered consirac$, thus the$ were held
indi!iduall$ liable, some as rincials and some as accomlices onl$
Q: "uosin#, there was on)y mere >resence of a erson when the crime was
bein# committed, will he be liable?
NO, that erson not articiatin# shall not be liable because he 8i8 not
>erform any o7ert act7 there should be an o!ert act to establish the
articiation and liabilit$ of a erson
Q: "uosin#, the ersonLs resence when the crime was bein# committed was to
ro!ide was to >ro7i8e mora) su>>ort, or to >ersua8e t'e >artici>ants from
>erforming t'e acts constitutin# the crime, will he be liable?
$!", in both cases the erson shall be held criminall$ liable
In order to hold someone criminall$ liable, in a88ition to mere >resence, there
should be o7ert acts t'at are c)ose)yIre)ate8 an8 coor8inate8 to establish the
resence of common criminal desi#n and communit$ of urose in the commission
of the crime-
In Peo>)e 7. aaca= the "C ruled to ac3uit Re#alado because there was no
e!idence to ro!e that Re#alado assisted his brother %erminio in the 6illin# of
Alfredo /abuat7 there was no roof to show that Re#aladoLs resence was
accomanied b$ o!ert acts for the commission of the crime and that there was no
roof of consirac$ between the 1aaca brothers-
In Peo>)e 7. 0e La Cru6, the "C also ruled that the mere resence of the /alaw5
e$s were not enou#h to ro!e that the$ consired to the commission of the crime
desite the fact /alaw5e$ had a #rud#e a#ainst one of the !ictims7 his articiation
in a consirac$ cannot be assumed eseciall$ when no acts b$ the /alaw5e$s
ro!ed to be connected with the crime-
In Peo>)e 7. Manero, howe!er, the "C ruled that e!en thou#h the accused5
aellants were not resent in the actual commission of the crimes, it was
NO!" #$%
established that the$ met in an eater$ and consired to li3uidate communist
s$mathiDers7 therefore the$ were still held criminall$ liable-
Q: "uosin#, one erson 8esiste8 from >artici>ating in t'e actua) crime and
instead 8eci8e8 to stay insi8e t'e getIaCay car to wait for the others, is he
liable?
$!", he is still liable desite desistance to articiate in the actual crime
because he can still assist the others with the escae usin# the #et5awa$ car
Q: "uosin#, while committin# the crime of robber$, an additional crime was
committed that was not art of the ori#inal lan, e#- homicide7 can all the
articiants be con!icted of the crime of robber$ with homicide, e!en thou#h some
of them erformed !er$ minor acts ;i-e- loo65outs or dri!ers, etc>?
$!", the$ can all be held liable for that same crime, because it is not
re?uire8 t'at a)) t'e >artici>ants >erform eac' an8 e7ery 8etai) in
t'e commission of t'e crime7 as lon# as the acts erformed are closel$
coordinated and that the$ ha!e the same criminal urose-
Q: mere resence will one be a co5consirator?
No
Q: resence to #i!e moral suort?
Liable
Acts before searate and distinct concerted action
Imlied consirac$ durin# closeness association, common criminal
desi#n
Coordination, ersonal
words, after association with each other communit$
of crimes
remar6s
4oint criminal ob4ecti!e
"rticle F
Q: %ow do $ou classif$ felonies?
Accordin# to 'enalt$
1. Fra7e Ae)onies those that the law attaches the caital unishment or
enalties that are afflicti!e based on Article =K of the R'C
+. Less Fra7e Ae)onies those that the law unishes with enalties whose
ma8imum eriods are correctional
NO!" #$%
9. Lig't fe)onies infractions of law that are unishable b$ arresto menor
or fines
I))ustration%
*eath
%ra&e felonies Reclusion 'eretua afflicti&e penalties
Reclusion 1emoral
'rision Ma$or
'rision Correccional
Less ra&e felonies Arresto Ma$or correctional penalties
"usension
*estierro
Arresto Menor
Liht felonies Eines liht penalties
'ublic Censure
1he classification in Article =K of the R'C assumes si#nificance on Article ?9 of the
R'C on 'rescrition:
*i. Prescri>tion of a crime refers to the e8iration of a certain eriod, after
which a erson cannot be rosecuted for the crime an$more7 contemlates that
there has been no 4ud#ment of con!iction $et
*ii. Prescri>tion of >ena)ty refers to the e8iration of a eriod of time after
which the enalt$ imosed b$ the courts cannot be enforced an$more7
contemlates that there has been a final 4ud#ment b$ the courts
Q: *oes classification alies to secial laws?
No
"rticle 1*
5 ro!isions of the Re!ised 'enal Code shall not be alied with of !iolations
of secial laws, but if a secial law is silent in terms of a enalt$ for e8amle,
the absence shall be pro&ided by the 5e&ised $enal Code-
NO!" #$%
0ut #enerall$:
5 for &iolations of the 5$C R what law #o!erns? the 5e&ised $enal Code
5 for &iolations of special law R what law #o!erns? #pecial penal laws
!xam>)es of >ro7isions in t'e RPC t'at 'a7e su>>)etory a>>)ication
>ursuant to Artic)e 1, of t'e RPC
1. Artic)e 1,, Ci&il Liability7 there are two sides of crime, the criminal liabilit$ and
the ci!il liabilit$, the former imoses the enalt$ rescribed for the crime, the
latter is for the a$ment of dama#es
+. Artic)e ++ 5etroacti&e "pplication7 the law becomes fa!orable to the accused
as lon# as he is not a habitual criminal and is con!icted b$ final 4ud#ment
9. Artic)e 1- $rincipals7 are classified into three: ;9> b$ direct articiation, ;=> b$
inducement, ;F> b$ indisensable cooeration
4. Artic)e 4: ,orfeiture of instruments or tools used in the commission of the
crime
:. Artic)e 99 #ubsidiary imprisonment for failure to a$ fines
;. Artic)e < Conspiracy7 in !iolation of the %uman "ecurit$ Act;RA?FC=>,
*an#erous *ru#s Act, sec =< onl$ ;RA?9<K>, 0ouncin# Chec6s Law ;0'==>
&If the Geath $enalty was not abolished, it will also be #i!en suletor$
alication
allowed2
Q: Circumstances affectin# criminal liabilit$?
1here are fi!e circumstances affectin# criminal liabilit$:
;9> Austif$in# circumstances7
;=> )8emtin# circumstances7
;F> Miti#atin# circumstances7
;@> A##ra!atin# circumstances7 and
;K> Alternati!e circumstances-
1here are two others which are found elsewhere in the ro!isions of
the Re!ised
'enal Code:
;9> Absolutor$ cause7 and
;=> )8tenuatin# circumstances-
In justifyin and e(emptin circumstances, there is no criminal liability2 'hen an
accused in&o1es them, he in effect admits the commission of a crime but tries to
a&oid the liability thereof2 .he burden is upon him to establish beyond reasonable
doubt the re=uired conditions to justify or e(empt his acts from criminal liability2
'hat is shifted is only the burden of e&idence, not the burden of proof2
NO!" #$%
"rticle 11
Q: What is a 4ustif$in# circumstances?
&ustifying Circumstances are those where the act of a erson is said to be
in accordance with law so that such erson is deemed not to ha&e
transressed the law and is free from criminal and ci&il liability
Q: Is there ci!il liabilit$?
%enerally no, e8cet in Article 99 ;@>
Q: What element of !oluntariness is lac6in#?
.ntent7 without intent, there is no !oluntariness7 without !oluntariness, there
is no felon$7 without a felon$, there is no criminal liabilit$ because there is no
crime
$rticle 11, par 1 > #elf?;efense
Q: What are the )lements of "elf5defense?
1. "nlawful $ggression on the art of the offended art$
+. Reasonable =ecessity of the *eans )mlo$ed b$ the erson
defendin#
9. )ac of #ufficient Provocation on the art of the erson defendin#
Q: What ma$ be the sub4ect of self5defense?
'erson, ri#ht, roert$, honor or home
;i> defense of erson there is daner to the life or limb of the erson
;ii> defense of ri#hts
;iii> defense of roert$ should be couled with dan#er to the erson
;i!> defense of honor
C+ (urden of proof in self5defense?
burden lies with the defense
Q: %ow is selfBdefense established?
throu#h clear and convincing evidence
Q: Is the accused re=uired to admit ha!in# 6illed the !ictim?
/0#7 the accused has to admit ha&in 1illed the &ictim before selfBdefense
can be in&o1ed b$ the accused
& It is the obligation of the accused to prove self?defense through clear
and convincing evidence7 if the e&idence is not clear, there will be a
conviction
When all the elements of self?defense are present R the erson defendin#
himself is free from criminal liability and ci&il liability
NO!" #$%
When onl$ a ma+ority of the elements are resent R pri&ileed mitiatin
circumstance, ro!ided there is unlawful aression
When onl$ a majority of the elements are present, there is an incomplete self?
defense, but it is still necessary to ha&e the element of unlawful aggression,
because it is the most important element
Jn)aCfu) Aggression
5 an indispensable element
5 a sudden unro!o6ed unlawful attac that e3poses a person@s life or
limb to actual, real, imminent danger7 mere threatenin#, ima#ined or
seculati!e dan#er is not enou#h
When there is no unlawful aression, there is no need to defend oneself4 when
there is no need to defend oneself, there is no need for a reasonable defensi&e
act7 when there is no need for a reasonable defensi&e act, there is no need for
reasonable means to pre&ent or repel somethin7 therefore, without unlawful
aression, e&erythin else will be erased
0ecause unlawful aression produced a daner, there comes a need to eliminate
that daner7 that need is a resonse impelled by selfBpreser&ation7 the means
used to eliminate the dan#er should be reasonable and the means needed to be
emlo$ed can be determined based on the e(tent of the unlawful aression
Q: #upposin, $ou wrested the 6nife from a robber- If he is still tryin to et bac1
the 1nife, there is unlawful aression, because unlawful aression is continuin if
the attac6er is tr$in# to re#ain control o!er the situation
M1he first principle in all criminal cases is that: Gthe accused will always be
presumed innocent9
In the constitutional pro&ision on resumtion of innocence, it can easil$ be
o!erthrown b$ contrar$ e!idence, but it is different in criminal cases
1he presumption of innocence principle, of all disutable resumtions, is the
strongest because to o!erthrow it, the Court re=uires that the law pro&es the
uilt of an accused beyond reasonable doubt
1he burden or duty to prove guilt lies with the prosecution or the
o&ernment and the$ should introduce e&idence beyond reasonable doubt7 the
prosecution should rely on the strenth of its own e&idence and should not
depend on the e&idence of the defense7 these principles, howe!er, will chane
when the defense in&o1es, selfBdefense, defense of a relati&e, or defense of a
NO!" #$%
straner, because the accused must alwa$s admit first the fact of 6illin# the
!ictim, thus the burden is lifted from the prosecution and shifts to the defense
If the e&idence for both sides is wea1, the accused will be acAuitted
1he prosecution;s wea1ness is cured when the defense in&o1es, selfBdefense,
defense of a relati&e, or defense of a straner because there is an admission of
the 6illin#
If the e&idence of the defense is not clear and convincing, con&iction will be
sure, as sure the sun rises at the )ast
1he admission in&ol&ed is only an admission of facts, bac1ed up by clear and
con&incin e&idence7 it not an admission of uilt, because if so, the Court can sto
the rosecution and render 4ud#ment
1he Court should ut itself in the shoes of the accused durin# the time when the
accused alle#edl$ defended himself
Q: #upposin, after $ou wrested the 6nife from the robber ;who is the ob!ious
a##ressor in this case>, the robber,a##ressor runs awa$, is there still unlawful
a##ression?
=&, when the aressor flees unlawful aression no loner e(ists7 and if
$ou still 6ill the a##ressor in this situation, self5defense cannot be in!o6ed
an$more
C+ #upposin, usin# the same facts mentioned earlier, but the retreat of the
a##ressor was with the urose to ta6e a more ad!anta#eous osition or to #et a
more effecti!e weaon, to insure the success of his attac6, is there still unlawful
a##ression?
/0#, when the purpose of retreatin is to ta1e a more ad&antaeous position
or to do somethin to insure the success of his attac1, unlawful aggression
is continuing, therefore the danger is still continuing4 in this case, the
accused or the person defendin himself, does not ha&e to wait for the
aressor to et another weapon
C+ #upposin, there is an a#reement to fi#ht or a challen#e to fi#ht was acceted, is
there unlawful a##ression on one of the arties?
=&, there is no unlawful aggression in agreements to fight because
selfBdefense cannot in&o1ed since both parties are assailant and assaulted
C+ #upposin, usin# the same facts abo!e, there is a#reement, but one of the
arties attac6s the other e!en before the a#reed time arri!es, is there unlawful
a##ression?
NO!" #$%
/0#, when the attac1 is made ahead of the time areed upon, there is
unlawful aression
C+ #upposin, the a##ressor used a to$ #un and the erson defendin# himself 6illed
the a##ressor, belie!in# that the #un was real, is he still criminall$ liable?
=&, assumin# clear and con!incin# e!idence is ro!ided, and that the
accused belie&ed the weapon7un to be real, then honest mista1e of fact
while in selfBdefense can be in&o1e
Reasona1)e Necessity of t'e Means !m>)oye8
5 there is a continuin# necessit$ to eliminate the dan#er
5 in!ol!es two elements:
1. necessit$ for the course of action, necessit$ to eliminate dan#er
+. necessit$ of the means emlo$ed to re!ent or reel that dan#er
0oth should be reasonable
It is not necessary to ha!e material eAuality or material commensurability
between the dan#er and the means emlo$ed to re!ent or reel that dan#er
.n determining reasonable means, the some facts and circumstances can
be considered as factors, such as:
1. emerency to which the erson defendin# himself has been e8osed to
+. resence of imminent daner
9. imelled b$ the instinct of selfBpreser&ation
4. nature of the weapon used b$ the accused comared to the weaon of the
a##ressor
:. siHe and7or physical character of the a##ressor comared to the accused
and other circumstances that can be considered showin# disarit$ between
a##ressor and accused
,actors+ ae, siHe, location, other circumstances, character or nature of weapon,
physical character, reputation
Q: What is Lac6 of "ufficient 'ro!ocation?
5 sufficient ro!ocation should come from the erson defendin#
himself,accused
5 sufficient ro!ocation should immediatel$ recede the a##ression
5 Insultin# another or committin# oral defamation is considered sufficient
ro!ocation
5 a challen#e to fi#ht is considered sufficient ro!ocation
Q: When is ro!ocation sufficient?
5roortionate to the act of a##ression and ade3uate to stir the a##ressor to
its commission
Q: Who has the dut$ to ro!e elements of self5defense?
Accused
NO!" #$%
Q: What is the effect of claim of self5defenses on burden of the rosecution?
"hiftin# the burden of roof
'rosecution is relie!ed of its dut$ to ro!e #uilt of accused
Q: Ma$ accused be con!icted e!en if e!idence of rosecution is wea6?
.es, if the self5defense not established b$ clear and con!incin# e!idence
Q: does admission of #uilt amounts to confession of #uilt?
No- (nl$ an admission of fact
Accused must establish the element which is missin# to ro!e that he is not
#uilt$
Q: What are the le#al effects
Confession of #uilt no necessit$ for trial, e8cet to ro!e miti#atin# J
a##ra!atin# circumstances
Admission of fact necessit$ for trial
Q: Ma$ there be self defense e!en without unlawful a##ression?
No- +A is the foundation
Q: how about in incomlete self5defense?
No- +A is alwa$s an indisensable element of self5defense, whether comlete
or incomlete
1hrou#h reasonable means
Reasonable ;needs to eliminate the dan#er>
+nder instinct of self5reser!ation
;Life J Limb> 1here is dan#er ;actual, real, imminent >
not merel$ ima#inar$, fanciful, false
+nlawful A##ression,5 sudden, unro!o6ed, ille#al attac6
0efen8ing Pro>erty
*efense of roert$ should be couled with dan#er to the erson defendin#
oneself7 if there is no dan#er to the erson or the ersonYs life or limb, defense of
roert$ cannot be in!o6ed-
Q: In defendin# roert$, when is 6illin# the a##ressor 4ustified?
&Necessit$ of unlawful a##ression ;uon the erson defendin# his roert$>
NO!" #$%
&Must be couled with an attac6 on $our own erson
&"uch a case, $ou are not defendin# $our own roert$, but $our own
erson?
*efense of (WN roert$ not (E roert$
Q: "uose hittin# onl$ the lower ortion of the bod$, not 6illin# the a##ressor,
defense of roert$, ma$ be claimed?
.)"- As lon# as not to the e8tent of 6illin#
Ma# naata$ mo, daat ma$ assault on $our own erson, ri#ht to life is
suerior to ri#ht to roert$
C+ #upposin, usin# a 6nife, someone slashed $our ba# to #et its contents, after
which $ou were able to wrest the 6nife from him, and $ou stabbed him, causin# him
to die, can $ou in!o6e defense of roert$?
=&, because there was no imminent daner to your life or limb since you
already ha&e control of the 1nife
C+ #upposin, $ou cau#ht some eole inside $our house in the act of stealin# $our
household items, assumin# $ou ha!e a #un, can $ou use the #un and shoot at them
or e!en 6ill them?
/0# ;accordin# to 'rof- Amurao, $ou can e!en sta#e the crime scene to $our
fa!or> because if $ou do not shoot them, the$ will surel$ use their weaons
a#ainst $ou and e!en tr$ to 6ill $ou an$wa$- ItLs better to hit them first-
;Gefense of home, chec6 Re$es>
C+ #upposin, a rostitute disa#rees to ha!e se8ual intercourse with someone, but
the latter still forces his wa$ with the rostitute with carnal 6nowled#e, tries to rae
her, then the rostitute ta6es out a 6nife in her ba# and stabs the #u$, can she
in&o1e defense of honor despite bein a prostitute?
/0#, a rostitute is still entitled to the ri#ht of defense of honor and the 6nife
was a reasonable means used-
*efense of home
Without assault of erson, 4ustified? N(-
Q: In defendin# $our car bein# stolen, fired at the tires, which hit a b$5stander,
liable?
No- Austified for all conse3uences of the act relate to art @ ;ar9> not
committin# a felon$
Q: e8amle of unlawful a##ression a#ainst honor
5sla on the face
5reelled b$ re!ol!er, reasonable means? No ;no rational e3ui!alence>
&+se of the bolo a#ainst an unarmed a##ressor?
*eends on the circumstances
NO!" #$%
"uch as the siDe of the a##ressor, built, reutation or accessibilit$ of other
means
Eactor of time inter!al
Must be simultaneous with the attac6 or with areciable inter!al of time
Q: what is continuin# dan#er?
Q: what is continuin# a##ression?
Q: e8amle of defense of honor?
Q: e8amle of a#reement to fi#ht?
Q: libel a#ainst libel, 4ustified?
.es-
Q: A and 0 are lon# standin# enemies- 0ecause of their continuous 3uarrel o!er the
boundaries of their ad4oinin# roerties, when A saw 0 one afternoon, he
aroached the latter in a menacin# manner with a bolo in his hand- When he was
about fi!e feet awa$ from 0, 0 ulled out a re!ol!er and shot A on the chest,6illin#
him- Is 0 criminall$ liable? What crime was committed, if an$?
1he act of A is nothin# but a ro!ocation- It cannot be characteriDed as an
unlawful a##ression because in criminal law, an unlawful a##ression is an attac6 or
a threatened attac6 which roduces an imminent dan#er to the life and limb of the
one resortin# to self5defense- In the facts of the roblem #i!en abo!e, what was
said was that A was holdin# a bolo- 1hat bolo does not roduce an$ real or
imminent dan#er unless a raises his arm with the bolo- As lon# as that arm of A was
down holdin# the bolo, there is no imminent dan#er to the life or limb of 0-
1herefore, the act of 0 in shootin# A is no 4ustified-
Artic)e 11*+. D 0efense of Re)ati7es
Q: Who are the relati!es contemlated?;in the followin# order>
5 souse
5 ascendants
5 descendants
5 brothers or sisters ;le#itimate, natural or adoted>
5 relati!es b$ affinit$ in the same de#rees ;mentioned abo!e>
5 relati!es b$ consan#uinit$ within the fourth ;@
th
> ci!il de#ree
alies the same concet of unlawful a##ression and reasonable
necessit$ of means emlo$ed, as contemlated in Art- 99;9> on self5
defense
NO!" #$%
#pouse should be the legitimate husband or wife

common law marriaes are not included7 the common law spouse is considered
a stranger
Who can determine bein# le#itimate? the Court7 the !alidit$, le#alit$, ille#alit$ of
the arties cannot be determined b$ themsel!es
C+ #upposin a husband defends a common law wife b$ 6illin# an attac6er, can he
in&o1e defense of relati&eI
=&, but he may in&o1e defense of a straner
C+ #upposin a husband defends a second wife b$ 6illin# an attac6er7 considerin#
that the marria#e between him and his first wife is not null and !oid, thus ma6in#
his second marria#e bi#amous, can he still in&o1e defense of relati&e?
/0#, the presumption is that all marriaes are leal and &alid- )!en in the
absence of a 4udicial declaration of nullit$ ;A*N> of the first marria#e, the
second marria#e is considered !alid, thus defense of relati!e can be in!o6ed-
C+ #upposin the husband and his first wife are on le#al searation, then he
defends her from an attac6er, can he in!o6e defense of relati!e?
/0#= because there is no A*N to sa$ that their marria#e is null and !oid-
C+ #upposin, husband and wife successfull$ annuls their marria#e and the$ ha!e
secured a A*N on the #rounds of s$cholo#ical incaacit$, then incidentall$, he
defends her from an attac6er, can he in!o6e defense of relati!e?
=&, because there is no marria#e an$more between them7 the A*N, once it is
aro!ed b$ the R1C and is final and e8ecutor$, it will ha!e an effect wherein
as if no marria#e e8isted between the defender and the one defended7
therefore, what can be in!o6ed is defense of a stran#er-
C+ #upposin husband and wife has a endin# case for annulment due to
s$cholo#ical incaacit$ of one of the arties, then incidentall$, he defends her
from an attac6er, can he in!o6e defense of relati!e?
/0#, because there is no A*N that has nullified the marria#e
$scendants includes arents, #randarents, #reat #randarents, e!en
#reat;@8> #randarents
;escendants includes children, #randchildren, #reat #randchildren, e!en
#reat;@8> #randchildren
What do ascendants and descendants ha&e in common? 1he$ are blood
relatives
C+ #upposin, a #reat, #reat, #reat, #reat #randfather is attac6ed and is defended
b$ his ille#itimate #randchild, can the randchild in&o1e defense of relati&e?
NO!" #$%
/0#, because the no distinction in the Re!ised 'enal Code whether the
descendant should be le#itimate or ille#itimate7 when the law does not
distinuish, the courts cannot distinuish
C+ #upposin, a father defends his adoted dau#hter from an attac6er, can he
in!o6e defense of relati!e?
=&, defense of relati!e cannot be in!o6ed because the law does not
contemlate adoted children as descendants and also does not contemlate
adoti!e arents as ascendants, to 3ualif$ as relati!es contemlated under
Art- 99;=> R'C
(rothers and #isters or siblings
1. legitimate siblin#s of the same arents who are married
+. natural siblin#s, who at the time of their concetion with the same
arents, the parents are not married but are not dis=ualified by any leal
impediment to marry each other7 if parents are dis=ualified to marry b$ an$
imediment, the child is illeitimate
9- adopted there should be a 4udicial roceedin# in court !alidatin# the
adotion in order to be considered under defense of relati!e as
contemlated7 an e8tra4udicial roceedin# on the adotion is not enou#h
Relatives by affinity in same degrees 5 relati!es by marriae
In same derees alicable to ascendants, descendants, siblin#s, e!en
#randarents of oneLs souse, i-e- mother5in5law, father5in5law, brother5in5law,
sister5in5law, etc-
Relatives by consanguinity within the fourth ,'
th
- civil degree
5 relati!es b$ blood
!ach eneration is one deree
(neLs parents are in the first )1
st
) deree
(neLs randparents are in the second)2
nd
) deree
(neLs uncles and aunts are in the third )3
rd
) deree
(neLs first cousins are in the fourth )4
th
) deree
I))ustration%
arent ,2
nd
degree-
,1
st
degree- ,%
rd
degree-
dau#hter5in5law55555son dau#hter55555son5in5law
NO!" #$%
CRIMINAL LAW Page :, of 149
child child ,'
th
degree-
;starting point, e#- this is you>
Re?uisites for 0efense of Re)ati7es
5 aside from ;9> unlawful a##ression and
;=> reasonable necessit$ of the means emlo$ed to re!ent or reel
the a##ression, there is
%
rd
reAuisite+ if there was pro&ocation arose from the relati&e bein
defended, the person defendin should ha&e had no part in that
pro&ocation
C+ #upposin, $our brother ro!o6ed someone and started a fi#ht, when $ou came
to his aid, $ou did not 6now that it was $our brother who started the fi#ht, but when
$ou saw him, his enem$ was on the !er#e of stabbin# $our brother, so $ou shot his
enem$, can $ou effecti!el$ and !alidl$ in!o6e defense of a relati!e?
/0#, because at that !er$ moment the life and limb of $our brother was in
actual, imminent and real dan#er7 there was no time for $ou to in!esti#ate
what reall$ haened- .he person defendin has the right to act on mere
appearance ;Amurao>
Q: "uose man and woman li!in# to#ether without benefit of marria#e, can claim
self5defense?
No-
Common law souse not contemlated
1he$ are entitled to claim defense of stran#er
Q: %usband and wife, 'h citiDens married in hon#6on#- After marria#e, disco!ered
the$ were 9
st
cousins, solemniDin# officer in hon#6on# not authoriDed, can the$
claim defense of relati!e?
.es- Absent a 4udicial declaration, marria#e resumed e8istin#
Q: "uose the action for 4udicial declaration is endin#, can the$ claim defense of
relati!e?
.es- 1here is no 4udicial declaration $et-
Q: suose the lower court issued a decision?
Not an$more- As if no marria#e- Can claim defense of stran#er
Q: suose what was filed was le#al searation, and there is a decree of le#al
searation, can claim defense of relati!e?
.es- Le#al searation doe not terminate marria#e-
NO!" #$%
CRIMINAL LAW Page :1 of 149
Q: who are the descendants co!ered?
Q: A 6illed a erson to defend the honor of 0, and ille#itimate, defense of relati!e?
.es- 1he law does not distin#uish
Q: Who are the other relati!es co!ered?
Q: half blood brothers and sisters?
.es
Q: Adoti!e father defended the adoted dau#hter?
No- ;not contemlated b$ law>
Q: stebrother 6illed accused to defend life and honor of a stesister?
.es- Relationshi b$ affinit$ ;brother or sister b$ reason of marria#e>
Q: relati!e b$ consan#uinit$, u to what e8tent?
@
th
de#ree
Q: last element in defense of relati!e?
0efense of stranger
What are the elements?
/i!e an e8amle
'ho are straners?
5 An$one not enumerated and those not contemlated under Article 99;=>
Re?uisites%
5 same concet of unlawful a##ression and reasonable necessit$ of the means
emlo$ed to re!ent or reel the a##ression7 aside from those two there is a %
rd

reAuisite+ the person defendin should not be induced by re&ene, resentment,
or other e&il moti&e
Artic)e 11*4. D A7oi8ance of greater e7i) or inEury
5 5e=uisites:
1. t'e e7i) actua))y exists
+. the in4ur$ feared be #reater than that done to a!oid it
9. there be no other ractical and less harmful means of re!ention
1he damae to another contemlated are: ;Re$es>
5in4ur$ to ersons
5 dama#e to roert$
(neLs own life is more imortant than an$one else ;Amurao>
1he #reater e!il should not be brou#ht about b$ the ne#li#ence or imrudence of
the erson who committed the offense
NO!" #$%
CRIMINAL LAW Page :+ of 149
Q: criminal liabilit$? No
Q: Ci!il liabilit$? .es, should be borne b$ the ersons benefited
)8amle : "in6in# shi 55 4ettison
Artic)e 11*:. D Au)fi))ment of 0utyKLaCfu) !xercise of Rig't or Office
5 5e=uisites:
1. that the accused acted in the erformance of a dut$ or in the lawful
e8ercise of a ri#ht or office
+. that the in4ur$ caused or the offense committed be the necessar$
conse3uence of the due erformance of dut$ or lawful e8ercise of such ri#ht
or office
1he fulfillment of duty must be done carefull$, with due performance7 no
carelessness, no ne#li#ence,imrudence, no abuse
1he e8ercise of public office was committed with nelience and abuse of
authority R are not alicable, the e8ercise must be lawfulN
C+ #upposin, a raidin# team tas6ed to confiscate dru#s bro6e the class cabinets in
search of the dru#s, was there abuse of authorit$? /0#, because due erformance
of dut$ should ha!e been emlo$ed
Q: Can this be in!o6ed if there was ne#li#ence?
No-
Q: if there is abuse of authorit$?
No
Q: 'rison #uards escortin# risoners on the wa$ to the court, one risoner escaed,
desite warnin# shots, risoner still ran awa$, #uard shot the risoner at the bac6
who died, liable?
No
Q: warrant of arrest, N0I to arrest criminal and brin# before the R1C of Manila-
When the officers are at the house of the accused, the accused refuse to oen the
door, N0I forcibl$ oen and destro$ed the doors, liable?
No-
Q: roceeded directl$ without announcin# their authorit$, liable?
.es- 1here is abuse, e8ceedin# authorit$, did not follow rocedure
Q: e8amle of lawful e8ercise of a ri#ht
*octrine of self hel
NO!" #$%
Artic)e 11*;. D O1e8ience to a )aCfu) or8er 1y a su>erior officer
55e=uisites
1. that an order has been issued b$ a suerior
+. that such order must be for some lawful urose
9. that the means used b$ the subordinate to carr$ out said order is lawful
When the order is not for a lawful urose, the subordinate who obe$ed it is
criminall$ liable
1he subordinate is not liable for carr$in# out an ille#al order of his suerior if he is
not aware of the ille#alit$ of the order and he is not ne#li#ent
#attere8 Woman "yn8rome *#W".
5 refers to a scientificall$ defined attern of s$cholo#ical and beha!ioral
s$mtoms found in women li!in# in batterin# relationshis as a result of
cumulati!e abuse ;Reublic Act ?=<=: Anti52iolence A#ainst Women and
Children Act>
#attery refers to an act of inflictin# h$sical harm uon a woman or child
resultin# to the h$sical, s$cholo#ical or emotional distress ;RA ?=<=>
C+ 'ho can &erify or confirm whether a woman suffers from 0attered Woman
"$ndrome?
(nl$ a certified s$cholo#ist or s$chiatrist can ro!e the e8istence of
0attered Woman "$ndrome in a woman
Q: What is the le#al effect of the roof of e8istence of 0W" in a woman?
.hose found by the courts to be sufferin from 0'# do not incur criminal and
ci&il liability notwithstandin the absence of any of the elements of the
justifyin circumstance of selfBdefense under the 5e&ised $enal Code ;"ection
=<, Reublic Act ?=<=>
1he le#al effect of 0W" is of the same le!el with the 4ustif$in# circumstances in
Art-99 of the R'C, e8cet ar- @-
!&en without unlawful aression on the art of the deceased husband or male
artner, the act of the woman shall still not incur criminal and ci!il liabilit$
Q: Who are the women who can in!o6e 0attered Woman "$ndrome?
5 wife 5 an$ woman ha!in# a se8ual relationshi with a man
5 #irlfriend 5 includin# datin# women, if relationshi is intimate
5 former wife5 common law wife
5 former wife whose marria#e with her has been annulled b$ a 4udicial
declaration of nullit$ ;A*N>
NO!" #$%
5children
It not necessary that the woman sufferin# from 0W" is still in a relationshi with
the man that she 6illed or harmed-
0octrine of "tan8 your groun8 C'en in t'e rig't
5 1he law does not e8ect $ou to run awa$
5 When in the ri#ht, defend $our ri#ht or osition, defend $ourself
5 A total oosite of the old doctrine of retreating to the wall, where the
law e8ects $ou to run awa$ and a!oid defendin# $ourself
Q: What is the le#al effect of 0W"?
No criminal liabilit$
No ci!il liabilit$
Q: Ma$ a battered husband claim it as a defense?
No- 1he law sa$s onl$ woman
Q: What is a datin# relationshi?
Q: .ou brea6 u with $our #f, she was emotionall$ J s$cholo#icall$ wrec6ed, is this
batter$?
.es- ;ha$den 6ho case>
Q: 'rotection (rder under RA ?=<=?
5re!ented from li!in# in same communit$ or house with the battered woman
5it must be issued b$ court or baran##a$
Q: Can $ou file !iolation of RA ?=<= to#ether with arricide or h$sical in4uries?
.es- RA ?=<= without re4udice to the filin# of an$ other ci!il or criminal
action
Q: woman sufferin# from 0W", 6illed husband, liable for arricide?
No- it is not necessar$ that +A e8ist
Q: how will court determine 0W"?
Certified s$chiatrist or s$cholo#ist
"rticle 12
Q: What is an e8emtin# circumstance?
5 a circumstance if resent durin# the commission of the crime will free the
accused from criminal liabilit$
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CRIMINAL LAW Page :: of 149
5 there is a crime, but there is no criminal
5 burden of proof to ro!e the e8istence of an e8emtin# circumstance: lies
with the defense
Q: *istin#uish 4ustif$in# from e8emtin#
&ustifying !xem>ting
5 there is neither a crime 5 there is a crime but there is
nor a criminal no criminal
5 the act is 4ustified and the 5 the act is not 4ustified but the
actor is not criminall$ liable actor is not criminall$ liable
5 there is no ci!il liabilit$ 5 there is ci!il liabilit$ e8cet in
e8cet in ara#rah @ ara#rahs @ and C
Artic)e 1+*1. D Im1eci)ity an8 Insanity
5 an imbecile or an insane is entitled to be e8emted, unless the latter acted
durin# a lucid inter!al
Im1eci)e one who is deri!ed comletel$ of reason or discernment and freedom
of will when committin# a crime7 e8emted in all cases7 mentalit$ is comarable
to a child =5C $ears old
Insanity not so e8emt because durin# a lucid inter!al, the erson can act with
intelli#ence
Q: what is ermanent sic6ness?
Imbecilit$
Q: Which is not ermanent?
Insanit$
Q: Insanit$ before the commission of the crime, le#al effect?
Not e8emt
*urin# e8emt
After not e8emt, but roceedin# will be susended
&insanit$ must be at the time of the commission of the offense unless is
ro!en to subsist until commission
NO!" #$%
CRIMINAL LAW Page :; of 149
Q: 1hat is the test for the degree of insanity for it to count as an e8emtin#
circumstance?
1he tests of the de#ree of insanit$ are the e8istence of:
1. comlete deri!ation of intelli#ence
+. total deri!ation of freedom of will
Mere abnormalities of the mental facilities are not enou#h
C+ #upposin, a man suddenl$ 4ust stabs another erson, he then be#an to run
awa$ because he 6new he committed a crime, then as the authorities tried to catch
him, as the$ #ot closer to him, he ran e!en faster, can he in!o6e insanit$ as an
e8emtin# circumstance?
=&, the fact that he was runnin# awa$ was an indication that he was not
deri!ed of intelli#ence because he 6new he did, and b$ runnin# faster to
a!oid the authorities was an indication of not bein# totall$ deri!ed of his
freedom of will because of his intention to escae
B5 1ho has the (urden to prove insanity:
lies with the defense, ;Accordin# to Re$es, throu#h circumstantial e!idence
if clear and con!incin#>
0vidence of insanity must refer to the time preceding the act or
at the very moment of e3ecution
C+ #upposin, the offender becomes insane onl$ after the commission of the crime
or durin# trial, can he still in!o6e the e8emtin# circumstance of insanit$?
=&, because what is counted and considered in determinin# whether there
was insanit$, is the time recedin# the act or the moment of e8ecution
Aee1)emin8e8ness not e8emtin# because s,he can still distin#uish ri#ht from
wron#7 not e=ui&alent to insanity
"omnam1u)ism or s)ee>Ca)@ing must be clearl$ ro!en to be considered an
e8emtin# circumstance under this Article7 acts of the sleewal6er should not be
!oluntar$
Ma)ignant ma)aria can cause insanit$, therefore, can be considered as an
e8emtin# circumstance under this Article
#asis for exem>tion complete absence of intelligence
em>orary Insanity D yes= exem>ting
Artic)e 1+*+ & 9. D Minority *re>ea)e8 1y Re>u1)ic Act 9944 or t'e &u7eni)e
&ustice an8 We)fare Act.
R$ C%'', #ection D a child 1E years of age or below at the time of the
commission of the crime shall be e3empt from criminal liability but will under#o
NO!" #$%
CRIMINAL LAW Page :- of 149
an inter!ention ro#ram7 a child above 1E years of age or below 1F years of
age shall be e3empt and be subjected to an inter&ention proram unless s7he
acted with discernment in which case such child will be sub4ect to the
aroriate roceedin#s in accordance with this Act
Children fallin# under this Act are referred to as a child in conflict with the law7
normall$ minor offenders are referred to as the accused, 4u!enile delin3uent,
risoner, resondent, etc- but it is contemlated that these terms refer to ersons
who ha!e committed crimes7 RA ?F@@ rohibits the use of these terms to refer to
minor offenders, onl$ the abo!ementioned term can be used
Eor a child in conflict with the law there is a resumtion of the absence or
lac6 of intelli#ence
(ffenders are free from criminal liabilit$ but are still ci!ill$ liable
1he )ega) effect of the e8emtion: the child shall be #i!en to the custody of the
parent or uardian4 in their absence, the custody is i&en to the followin,
accordin# to their order of a!ailabilit$:
;a> re#istered non5#o!ernmental or#aniDation
;b> re#istered reli#ious or#aniDation
;c> member of the 0aran#a$ Council for the 'rotection of Children ;0C'C>
;d> local office of the *et- of "ocial Welfare J *e!eloment ;*"W*>
;e> national office of the *et- of "ocial Welfare J *e!eloment ;*"W*>
$nother effect is that the minor is sub+ected to an intervention or
diversion program which in!ol!es: seminars and classes on famil$ and
mediation, s6ills imro!ement, emotional mana#ement, etc-7 other di!ersion
ro#rams are for reformation and rehabilitation, in which the ublic rosecutor
usuall$ initiates the recommendation for the minor to be sub4ected under the
ro#ram
Q: What is a child at ris6?
Fenera) Ru)e for minors abo!e 9K or below 9B $ears of a#e: e3empted, because
the resumtion is that the$ acted without intelli#ence
!xce>tion: the minor acted with discernment
%ow is discernment determined? ;Re$es>
;9> manner of committin# the crime
;=> conduct of the offender
*iscernment can also be determined b$ the words uttered b$ the minor
attendant to the commission of the act, e#- the words, 90uti na sa;yoJ:, which
indicates an e(pression of accomplishment, &ictory or satisfaction
NO!" #$%
CRIMINAL LAW Page :< of 149
W'en t'e case 'as 1een 8eci8e8 1y t'e courtL
If the judment is an acAuittal, the decision shall immediatel$ ta6e effect without
suspension, and the decision shall be promulated and pronounced
What is the si#nificance of promulation?
5 it is full of si#nificance7 the decision is read in oen court
5 immediatel$ after the readin# the 4ud#ment of ac3uittal becomes immediatel$
final and e8ecutor$, which cannot be sub4ect for an$ motion of reconsideration,
hence the decision cannot be either re!ersed or modified
If the judment is conviction, the promulation of the decision and the sentence
shall be suspended b$ the court7 the minor shall be ordered to undero
inter&ention, which shall ha!e the followin# effects:
;a> If after the inter&ention, there is reform on the art of the minor, the minor
shall be returned to the court to dismiss the criminal case and dismiss the
chares a#ainst the minor
;b> If after the inter&ention, there is no reform, the minor shall be returned to
the court for the romul#ation of the decision a#ainst the minor7 then, the court
shall either decide on the sentence or e(tend the inter&ention
(nl$ when there is refusal to be sub4ected to reformation or when there is failure
to reform can the child be subjected to criminal prosecution and the judicial
system
Ot'er effects of Re>u1)ic Act 9944
;i> decriminaliDes the sniffin# of ru#b$ b$ a minor
;ii> decriminaliDes the !iolation of a minor of the Anti5Mendicanc$ Law, which
rohibits be##in# or be##ars
;iii> decriminaliDes !a#ranc$ and rostitution, unished under the R'C, when
committed b$ a minor 9K $ears old or below7 the minor will not be criminall$
liable
;i!> criminal records of minors abo!e 9K or below 9B $ears of a#e are 6et
confidential in order to protect the honor and reputation of the minor
;!> e8emts minors from the offense of refusin# to ac6nowled#e the fact that
s,he had been in!ol!ed or con!icted in a criminal case before
;!i> minors can den$ under oath their criminal in!ol!ement or con!iction7 cannot
be char#ed with er4ur$ or falsification or misreresentation, for concealin# the
NO!" #$%
criminal in!ol!ement or con!iction7 purpose: to i&e the minor a new lease in
life and to pre&ent the stima of con&iction which e8tends in a lon#5term basis,
i-e- in loo6in# for 4ob or rotectin# the familiesL reutation
;!ii> retroacti&e application of RA ?F@@ on ersons who were con&icted and are
currently ser&in time for crimes they committed when they were minors abo&e
F or below 15 years of ae when they committed the offense, because minors
who acted with discernment under this a#e brac6et, were not e8emted from
criminal liabilit$ before under the R'C, but has alread$ been reealed b$ RA
?F@@7 their criminal liabilit$ is erased therefore the$ shall be released
Q: "uosin#, a 9:5$ear old, who is aarentl$ !er$ intelli#ent, commits a crime,
will he be e8emted from criminal liabilit$ considerin# the hi#h le!el of intelli#ence
of the child?
/0#, he is still e(empted7 what is important is the ae of the child at the time
of the commission of the crime7 it doesnLt matter whether the child was
e8tremel$ intelli#ent
"tatus Offenses ;under RA ?F@@> refers to offenses which discriminate onl$
a#ainst a child, while an adult does not suffer an$ enalt$ for committin# similar
acts7 these shall include curfew !iolations, truanc$, arental disobedience and the
li6e
#tatus offenses when committed by a minor are unishable, but are not
punishable anymore under 5" F344
#tatus offenses when committed by an adult are not punishable
'e 0angers of Re>u1)ic Act 9944 )"murao)
5 can be abused or ta6en ad!anta#e of b$ crime s$ndicates that use minors
as instruments for the commission of crimes
5 1he effect of the liberal e8emtions of RA ?F@@ what will haen to the
!ictims if the offenders, who are minors, will be e8emted all the time?
2ictims will ta6e the Eiliino wa$ R ta6in# the law into their own hands
With reference to RA ?F@@, the 'hiliines is not $et read$ for that 6ind of law-
)"murao)
#asis for t'e exem>tion of a minor: absence or lac1 of intelligence
Artic)e 1+*4. I Acci8ent
5 !lements+
1. a erson is erformin# a lawful act
+. the act is done with due care
9. causes an in4ur$ to another by mere accident
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CRIMINAL LAW Page ;, of 149
4. in4ur$ was done without fault or intention of causin# it
Q: What is an Accident?
Q: What are the Re3uisites?
Q: What are the Le#al )ffects of Accident?
No ci!il liabilit$
No criminal liabilit$
)8amles of e8cetions
Q: *ri!er with an e8ired license? N(1 e8emt
Q:Not re#istered 9 $ear delin3uent? N(1 e8emt5 not lawful act
With defecti!e brea6s, w,n "eed limits roer lane?
Not e8emt5fault or ne#li#ence
1ires of car alread$ worn out? Not e8emt
In tito condition, brand new tires? Not e8emt
(f C assen#ers in the car5 o!erloadin#
Ri#ht lane emt$, o!ertoo6 the car? Not e8emt
Left lane is for o!erta6in#
(!erta6in# on the left lane, hit a child who suddenl$ crossed the road? .es, e8emt-
Absolutor$ cause ;Art-=@C>
'ar-9 not e8emt from criminal liabilit$- 1here is a enalt$5destierro- It is still an
unlawful act-
.f all the elements are present, the le#al effect is that the accused shall incur
no criminal liability and no civil liability
If not all the elements are present= $rticle D7 of the RPC will apply and the
enalt$ rescribed is arresto mayor to prision mayor for ra&e felonies
1here is negligence when R the accused tried to o!erta6e another !ehicle on the
ri#ht side of the road because this is a !iolation of traffic laws
"eedin# alon# the road is an e8amle of an act done without due care
#asis for exem>tion absence of intent
Artic)e 1+*:. D Com>u)sion of Irresisti1)e Aorce
5!lements+
1. comulsion to commit the crime is b$ means of h$sical force or !iolence
NO!" #$%
CRIMINAL LAW Page ;1 of 149
+. h$sical force or !iolence is irresistible
9. the h$sical force or !iolence must come from a F
rd
erson
'resuoses that a erson is comelled by means of force or &iolence
Irresisti1)e Aorce de#ree of force which is e(ternal or physical force which
reduces the erson to a mere instrument and the acts roduced are done without
his will and aainst his will ;Amurao>
#asis for exem>tion absence of freedom
Artic)e 1+*;. D Im>u)se of an Jncontro))a1)e Aear
5 5e=uisites: ;Re$es>
1. that the threat which causes the fear is of an e!il #reater than or at least
e3ual to that which he is re3uired to commit
+. that it romises an e!il of such #ra!it$ and imminence that the ordinar$
man would ha!e succumbed to it
'resuoses intimidation or threat, not force or !iolence
5 !lements:
1. the e(istence of an uncontrollable fear
+. the fear must real and imminent
9. the fear of an in4ur$ is reater than or e=ual to that committed
All the elements must concur
#asis for exem>tion 5 absence of freedom
Q: What element of !oluntariness is absent?
Intent, Ereedom
Q7 'ar-< *istin#uish < and K-
Nature of threat #reater or e3ual?
0ifference 1etCeen irresistible force an8 uncontrollable fear :
Irresisti1)e Aorce in!ol!es the use of violence or physical force to comel
Jncontro))a1)e Aear in!ol!es the use of threat or intimidation to comel
Artic)e 1+*-. D Aai)ure to Perform a LaCfu) Act 0ue to LaCfu) or
Insu>era1)e Cause
5 !lements:
1. an act is re=uired by law to be done
+. that a erson fails to perform such act
9. that the failure to erform such act was due to some lawful or insuperable
cause
NO!" #$%
CRIMINAL LAW Page ;+ of 149
,ailure to deli&er arrested persons to the proper authorities due to roblems
re#ardin# distance and transortation is a lawful or insuerable cause
A typhoon causes the failure to erform the lawful act is an insuerable cause
#asis for exem>tion absence of intent
A1so)utory Causes those where the act committed is a crime but for reasons
of ublic olic$ and sentiment, there is no enalt$ imosed
Instigation is an illegal act because the ublic officer lants the seed of
criminalit$ in the mind of the erson or offender )"murao)7 the ublic officer
induces an innocent erson to commit the crime which the ublic officer
concei!ed )5eyes)
!ntra>ment is a le#al act because the urose is to cature or tra the
lawbrea6er
0uyBbust operations are forms of entrament, hence the$ are le#al
Arbitrar$ *etention with warrant
Art- 9=K ;Warrantless arrest>
Insti#ation !s- )ntrament5 e-#- bu$ bust oeration
/i!e e8amles
'ri!ate indi!idual both
)ffects of criminal liabilit$ of:
Insti#ator5liable as rincial b$ inducement
Insti#ated5 rincial b$ direct articiation
'ut absolutor$ as to direct articiation
$rticle 1%
Q: what is miti#atin# circumstance?
5 those which, if resent in the commission of the crime, do not entirel$ free
the actor from criminal liabilit$ but ser!e onl$ to reduce the enalt$
Q: What are the Pinds?
(rdinar$
'ri!ile#ed
'ar-9 of Art- 9F becomes a ri!ile#ed miti#atin# circumstance because of Art-<?
;Amurao>
NO!" #$%
Art-<? ma6es ar-9 of Art-9F a ri!- mit- Circumstance-
Classification:
OR0INAR$ PRI(IL!F!0
5 offset b$ a #eneric a##ra!atin# 5 cannot be offset b$ a #eneric
circumstance a##ra!atin# circumstance
5 enalt$ lowered to minimum 5 enalt$ lowered b$ de#ree
Miti#atin# and a##ra!atin# circumstances are not alied to secial enal laws
because the enalties in secial enal laws cannot be di!ided into three eriods
Artic)e 19*1. D Incom>)ete &ustifying or !xem>ting Circumstances
5 is considered a privileged miti#atin# circumstance, pro&ided, ma4orit$ of the
elements re3uired to 4ustif$ or e8emt are resent
5 for the 4ustif$in# circumstances of selfBdefense, defense of relati&e and defense of
straner R the element of unlawful aggression should always be present
&All elements of AC or )C resent e8emt or 4ustified
&I) elements but not ma4orit$ ordinar$ mit- Circ-
&Ma4orit$ of the elements are resent5 ri!- mit- Circ-
'ro!ided that in self defense, defense of relati!e or defense of stran#er,
+nlawful a##ression is resent-
Q: /i!e an e8amle-
)8amle of miti#atin# circumstance of incomlete accident
;see a#e =K? of boo6> 1here was fault-
Q: Woman sleein# in her room- Aanitor haened to enter the room to clean- %e
accidentall$ touched the hand of the woman- 0elie!in# her honor was in dan#er,
shot the 4anitor usin# a #un under her illow? ;+" !s- Ae#o>
Mit- Circ-5 Mista6e of fact of the woman-
'ri!- Mit- Circ- (f self5defense
;N-0- +nlawful A#ression V either of re3uisites = or F>
Q: K: meters awa$5 ri!ile#ed?
No, considerin# the distance +A not resent
Artic)e 19*+. D Minority
NO!" #$%
5 co!ers minors abo!e 9K $ears but below 9B $ears of a#e ;9<59C $ears old>,
who acted with discernment
5 shall be entitled to the benefits of a privileged miti#atin# circumstance
#asis for mitigation: diminution of intelligence
0et- 9K or 9B with discernment5 mit ;reduced b$ one de#ree>
Without discernment5 e8emtin#
RA ?F@@ did not amend Art- <B
Refuse to submit *i!ersion ro#ram
2iolation of conditions
Not for best interest
*i!ersion ro#ram5 commencement of criminal action5 if e!entuall$
sentenced to con!iction Art- <B will al$-
Artic)e 19*9. D Praeter Intentionem
5 offender did not intend to commit so #ra!e a wron#
5 disroortion of the means emlo$ed to e8ecute the crime and the conse3uences
roduced7 there should ha!e been an intent at the moment
#asis for mitigation: lac1 or diminution of intent
Eactor to determine e8istence of raeter intentionem, intent bein# a state of mind-
9> weaon used
=> nature of in4ur$7 number of in4ur$
F> art of the bod$ in4ured ;location of in4ur$>
@> manner of inflictin# in4ur$
1reacher$ 5 )8ternal
.es- Qualif$in# a##ra!atin# if e8ternal in nature can co5e8ist with raeter
intentionem which is internal- CL)AR?
Q: A intend to in4ure AMurao hit in the ri#ht shoulder *id not submit to medical
treatment- Amurao died-
9
st
3uestion: Is A liable? .es, ar- 9 Art-@
Was there treacher$? .esWhence murder ;3ualified b$ treacher$>
0ecause Amurao died, intent to 6ill is b$ law conclusi!e-
Q: 'eole !- )nri3ueD ;Abuse of suerior stren#th>
NO!" #$%
CRIMINAL LAW Page ;: of 149
Intent to threaten onl$
%ow would $ou classif$? (rdinar$-
Le#al effect? Minimum
)8cet5 if cancelled b$ #eneric a##ara!atin# circ-
Q: Claim ar- F in !iolation of secial enal laws?
No, intent is immaterial in offenses-
Q: 1rue or false: All miti#atin# circ- Can be areciated in secial enal laws?
No, enalties not #raduated and di!isible into min, med, ma8 eriods, In
#eneral>
)8cet: A#e
Artic)e 19*4. D Presence of "ufficient Pro7ocation or 'reat
Q: What are the re3uisites?
1. ro!ocation must be sufficient
+. must ori#inate from the offended art$
9. that the ro!ocation must be immediate to the act or crime committed b$
the erson who is ro!o6ed
Q: What is ro!ocation?
Pro7ocation an$ un4ust or imroer conduct or act of the offended art$
caable of e8citin#, incitin# or initiatin# an$one
3% W'en is >ro7ocation "ufficient
ade3uate to e8cite a erson to commit the wron# and must accordin#l$ be
roortionate to its #ra!it$
5 depends on:
;9> the act constitutin# the ro!ocation
;=> the social standin# of the erson ro!o6ed
;F> the lace and time when the ro!ocation was made
.hreats should immediatel$ recede the act
#asis of t'e mitigation% diminution of intelligence and intent
Q: )lements: ;"(I>
Q: 1est to determine whether ro!ocation can be considered miti#atin#- What 6ind
of ro!ocation?
"ufficient-
Q: When is ro!ocation sufficient?
'- =CF
NO!" #$%
CRIMINAL LAW Page ;; of 149
Q: %ow soon must the crime be committed?
No time to re#ain his reason and to e8ercise self5control
5meanin# of immediatel$ is not with reference to the lase of time er se
&Relate to RA1I( (E 1%) LAW
0ut lase of time to re#ain self5control
5ersonal to $ou ;the ro!ocation>
Q: What is the determinin# factor?
Influence or effect of the ro!ocation
;w,c means that lase or inter!al of time is allowed deendin# on #ra!it$ of
offense>
Q: Acts of lasci!iousness committed a#ainst $ou ;=m>7 0orrowed 6nife ;=F: m>
Miti#atin# under ar- @?
.es-
Q: +nder ar- <?
.es-
Q: Ma$ $ou consider both to#ether?
No, alternati!el$ arisin# from the same facts-
Q: Is acts lasci!iousness a #ra!e offense?
.es-
Artic)e 19*:. Imme8iate (in8ication of Re)ati7esK5imse)f
5 5e=uisites:
1. that a #ra!e offense has been done on the one committin# the felon$ or on his
relati!es
+. felon$ committed in !indication of such #ra!e offense7 a lase of time is
allowed between the !indication and the doin# of the #ra!e offense
0ifference 1etCeen PRO(OCAION an8 (IN0ICAION
Pro7ocation (in8ication
5 it is made directl$ onl$ to the erson 5 the #ra!e offense ma$ be
committin# the felon$ committed also a#ainst the
offenderLs relati!es
5 the cause that brou#ht about the 5 offended art$ must ha!e done
ro!ocation need not be a #ra!e a #ra!e offense to offender or
offense his relati!es
5 it is necessar$ that the ro!ocation or 5 !indication of the #ra!e offense
NO!" #$%
CRIMINAL LAW Page ;- of 149
threat immediatel$ recedes the act ma$ be pro(imate which allows an
without inter!al of time inter!al of time
Reason for t'e 8ifference: vindication concerns the honor of a person
1o determine whether the personal offense is ra&e, the ff- are considered:
5 social standin of the erson
5 time when the insult was made
5 place where the insult was made
5 sometimes, e!en the ae ma$ be considered
#asis for t'e mitigation: diminution of the conditions of voluntariness
Q: 1here are F mit- Circ- 'resent- Will $ou be entitled to the benefits of these MC?
No- Arose onl$ out of 9 fact, set of facts-
Q: ?:F: mother informed $ou that $our sister was raed- .ou searched for him with
a re!ol!er- *id not find him- Eound him after F da$s-
'assion or obfuscation? No-
'ro!ocation? No-
2indication? .es-
Q: What is re3uired in !indication?
Lase of time
Q: What if after one wee6, !indication?
Law sa$s immediate
Q: *ifference of meanin# of immediate in ar- @ and K?
.es-
B months, !indicatin#?
Q: Chinaman eloed with sweetheart- 'arent of sweetheart considered it an offense
a#ainst famil$- Eather loo6ed ofr dau#hter- Eound her in the house of the chinaman-
1hen father 6noc6ed, Chinaman ran and refused to tal6 with father- Eather enra#ed
shot chinaman-
9> %ow man$ mit- Circ-?
2indication of #ra!e offense
'assion or obfuscation
=> Must #ra!e offense constitute a crime?
No-
NO!" #$%
CRIMINAL LAW Page ;< of 149
Q: "uosin# $ou ha!e a first cousin, #irl, so close to $ou, who was raed b$
nei#hbor- .ou loo6ed for nei#hbour and shot him dead-
What mit- Circ? 2indication?
No, first cousin not contemlated under !indication ;relati!es>
Q: Re3uirements of assion or obfuscation?
Q: Common law husband as6 common law wife to return home- Wife refused-
%usband was humiliated b$ reason of which he stabbed common law wife-
Ma$ claim assion or obfuscation? No-
2indication of #ra!e offense? No, not enumerated b$ law-
Q: %umiliation, slandered in ublic, is it a crime?
.es-
Q: It is a #ra!e offense a#ainst $ou?
Q: What is the crime committed? "lander,
Q: Ma$ be committed b$ a common law wife a#ainst a common law husband? .es-
Q: 'resence of 'J(, 2, and "'5 .es
Q: Can $ou consider all of these in $our fa!our?
'J(5 No, not lawful sentiment7 not lawful le#itimate relation
"'5 .es
25 .es
Q: (ld man has his own famil$ alread$ but not contented with wife went out e!er$
ni#ht - Met an attracti!e woman in a rostitution house, he con!inced woman to
lea!e the rostitution house and the$ li!ed to#ether as husband and wife- Wife left-
After se!eral da$s, she was found in another rostitution house, con!inced
her to to #o bac6- Woman adamant in her refusal- Woman said A$o6o na
sa$o, Matanda 6a na- Mahina na tuhod mo- (ld man was enra#ed, stabbed
her-
Q: Ma$ old man claim 'J(?
No- 'eole !- 0ello is an e8cetion ;- =?:5=?9>
4,5,? are interrelated because they can e(ist in a sinle act but not necessarily
appreciated separately2
Artic)e 19*;. D Passion or O1fuscation
5 !lements:
NO!" #$%
1. the accused acted uon imulse
+. the imulse must be so owerful that it naturall$ roduced assion or
obfuscation in the accused
5eason+ these are causes naturall$ roducin# in a erson owerful
e8citement that he loses reason and self5control thereb$ diminishin#
the e8ercise of willower
5ule: the passion or obfuscation should arise from lawful
sentiments in order to be miti#atin#
5 5e=uisites:
1. that there be an act, both unlawful and sufficient to roduce such a condition
of mind
+. that said act which roduced the obfuscation was not far remo!ed from the
commission of the crime b$ a considerable len#th of time, durin# which the
eretrator mi#ht reco!er his natural e3uanimit$
0ifference 1etCeen PA""ION or O#AJ"CAION an8 IRR!"I"I#L! AORC!
Passion or O1fuscation Irresisti1)e Aorce
5 a miti#atin# circumstance 5 an e8emtin# circumstance
5 cannot #i!e rise to irresistible force 5 re3uires h$sical force
because passion or obfuscation has no
physical force
5 the assion or obfuscation is in the 5 must come from a third erson
offender himself
5 must arise from lawful sentiments 5 is unlawful
0ifference 1etCeen PA""ION or O#AJ"CAION an8 PRO(OCAION
Passion or O1fuscation Pro7ocation
5 roduced b$ an imulse which ma$ 5 must come from the in4ured art$
be caused b$ ro!ocation
5 the offense which en#enders 5 must immediatel$ recede the
erturbation of mind need not be commission of the crime
immediate7 it is onl$ re3uired that the
influence thereof lasts until the
moment the crime is committed
5 the effect is loss of reason and 5 the effect is also loss of reason
self5control on the art of the and self5control on the art of the
offender offender
Artic)e 19*-. D (o)untary "urren8erK(o)untary Confession of Fui)t
(o)untary "urren8er
5 5e=uisites:
1. that the offender had not been actuall$ arrested
NO!" #$%
CRIMINAL LAW Page -, of 149
+. that the offender surrendered himself to a erson in authorit$ or to the latterLs
a#ent
9. that the surrender was !oluntar$
M(o)untaryH to be areciated, &oluntary surrender must be spontaneous in
such a manner that it shows the interest of the accused to surrender
unconditionall$ to the authorities, either because ;9> he ac6nowled#ed his #uilt or
;=> because he wishes to sa!e them the trouble and e8ense necessaril$ incurred
in his search and cature
Intention to surrender without actuall$ surrenderin# is =&6 miti#atin#
(o)untary Confession of Fui)t
5 5e=uisites:
1. that the offender sontaneousl$ confessed his #uilt
+. that the confession of #uilt was made in oen court that is before the
cometent court that is to tr$ the case
9. that the confession of #uilt was made rior to the resentation of e!idence for
the rosecution
)!en after arrai#nment, !oluntar$ confession can still be miti#atin#, when with the
consent of the ublic rosecutor, there is an amendment in the information R still
!oluntar$ confession ;as was held in the midterms>
2oluntar$ confession is usuall$ done durin# arrai#nment
What has been admitted need not be ro!en b$ e!idence7 4ud#ment can alread$
be rendered but both sides can still resent e!idence to ro!e a##ra!atin# or
miti#atin# circumstances
Arraignment char#es are bein# read to the accused in oen court in a lan#ua#e
6nown to him7 if the char#es are read in a lan#ua#e not 6nown to him, the
arrai#nment or lea is void-
It is the dut$ of courts to read char#es in a lan#ua#e 6nown to him

Promu)gation h$sical and actual readin# of the sentence to the accused
5 can be limited to 4ust the disositi!e ortion ;the GwhereforeH clause>
5 if there is an acAuittal, the decision is final and e8ecutor$ and not aeallable
because of the ris6 of double 4eoard$
5 if there is a conviction, the accused has 9K da$s to a!ail of le#al remedies, if not
a!ailed after, the con!iction becomes final and e8ecutor$
#asis for mitigation% lesser perversity of the offender
Q: %ow man$ MC? two
9> 2oluntar$ surrender5 (rdinar$ ;not #eneric>
NO!" #$%
CRIMINAL LAW Page -1 of 149
=> 2oluntar$ confession of #uilt
'ara#rahs F to 9: are all ordinar$ miti#atin#
Reason for considerin# !oluntar$ surrender miti#atin#?
9- Act of reentance and
= resect for law, and
F- sa!es time, resources and ener#$ for his search and cature
1o whom must 2" be done?
'erson5in5authorit$, *efine ;-F:K>
A#ent
e-#- of '5I5A
0r#$- Chairman
Cit$ Ma$or
Aud#e, /o!ernor
'rosecutor, Con#ressman
'resident, 'rofessors, 1eachers
A#ents
'olice officers
Members of AE'
0r#$- 1anods
N0I a#ents
"heriffs
Pilld nei#hbor, surrender to Amurao, !oluntar$ surrender? .es-
0oard members of /"I"? .es-
(f Landban6? .es-
*0'? .es-
"""? .es-
'A/C(R? .es-
Q: "uosin# accused after 6illin# nei#hbour 4ust sta$ed in his house- When olice
officers arri!ed, went with them !oluntaril$5 mit? No-
(o)untary surren8er not synonymous Cit' nonIf)ig't.
NO!" #$%
CRIMINAL LAW Page -+ of 149
*irect, ositi!e, une3ui!ocal act showin# an intention to submit himself !oluntaril$
either sa!e the #o!t from the time and e8enses or as a si#n of ac6nowled#ment of
#uilt or reentance ;Amurao>
(ffender on radio that he was Z9 susect in sla$in# of olitician, he came to the
olice to clear his name, he has a endin# case for rae- 2oluntar$ surrender? No-
Will surrender onl$ if
9> %e is #i!en secial treatment
=> ref
F> aircon
2oluntar$ surrender? No-
After committin# crime, accused went into hidin#- %e was found after se!eral
months- %idin# lace surrounded b$ authorities-
%e came out sa$in# I surrender- 2"?
No ; Internal> Meanin# of sontaneous-
Koluntary Confession -$ar2 1* of "rt2142
A case for homicide filed a#ainst accused in 0atanes- +on learnin#, the accused
hidin# in 1awi5tawi surrendered to 0r#$- Chairman of 1awi5tawi?
.es- 'lace of surrender not si#nificant- It need not be the lace where the
case is filed-
Q: 'hil- Ambassador to Australia, if accused is in Australia uon learnin# of the case
filed? .es-
Q: If surrendered to Australian 'rime Minister? No, not a '5I5A or a#ent under the
'hil laws
Q: (n the wa$ to the olice recinct, was arehended? .es-
Q: *id not offer resistance? No-
Q: Issued warrant, surrendered to 0r#$- 1anod? .es-
)!en if warrant is alread$ issued? .es, as lon# as not ser!ed-
9: months after issuance, surrendered? No- No lon#er sontaneous-
NO!" #$%
"urrender to mother5in5law? No-
Q: Re3uisites of 2C/:
Cometent court5 meanin#?
Court tr$in# the case
(en court5 meanin#? )!en if doors are closed?
.es-
Reason behind 2C/? Act of reentance, Ac6nowled#ment of #uilt

Accused willin# to lead #uilt$ with condition
Ref, aircon, comuter set? No-
When to lead? Arrai#nment-
're5trial? ;1here is resentation of witnesses, documents, and #ist of testimon$>
After insection of e!idence and conclusion, the e!idence a#ainst him is stron#-
"ta#es
Arrai#nment
're5trial
1rial
(NL. "+0MI""I(N, N(1 'R)")N1A1I(N
'rosec resented 9
st
e$ewitness, clear J con!icnin# testimon$
After 9
st
witness, concludin# that he would be con!icted , withdrew #uilt$ lea-
Miti#atin#? No-
N-0- N(1 rior to GterminationH
Witness onl$ sworn5in, no testimon$ $et miti#atin#? .es-
Amend info to a lesser offense w,o rotest willin# to lea #uilt$, miti#atin#? .es-
Artic)e 19*<. D 0eafness an8 0um1ness
5 must restrict the means of action, defense or communication with others
#asis for mitigation% offender does not have complete freedom of action4
diminution of freedom and voluntariness
NO!" #$%
0ald? No-
0lind? .es-
'artial blindness? .es-
*eaf b$ one ear? .es-
Criled? .es-
1oothless? .esN
When must the h$sical defect be resent? At the time of the commission of the
crime-
(R*INAR. MI1-
Le#al effects-
Artic)e 19*9. D I))ness
5 the offender has diminished e8ercise of willower7 loss of willower ma$ e!en be
e8emtin#
5 deri!ation of consciousness
#asis for mitigation% diminution of intelligence and intent
Accused rosecuted for simle theft ;sholiftin# in a mall>
*urin# trial, it was ro!ed that he was a 6letomaniac- Miti#atin#? .es-

If rosecuted for frustrated homicide?
No, not related to the offense committed-
Accused rosecuted for rae- *urin# trial ro!ed to be se8 maniac,
Miti#atin#? .es-
N( C(N1R(L (E 1%)IR (WN WILL A" EAR A" 1%) (EE)N") I" C(NC)RN)*
"ame fact5se8 maniac- 'rosecuted for Robber$? No-
Artic)e 19*1,. D Ot'er Ana)ogous Circumstances
)8amle?
0lind, <: $ears old5C: $ears of a#e
Restitution5 !oluntar$ surrender-
Creditor, debtor-
Runnin# awa$ and refuses to a$-
2ictim brou#ht to the hosital for treatment5 !oluntar$ surrender-
/i!in# !ictim a certain amount forQ5 !oluntar$ confession-
NO!" #$%
CRIMINAL LAW Page -: of 149
Aealous$- .ou saw $our #irlfriend wal6in# hand5in5hand with another man, $ou
inflicted h$sical in4uries? 'assion or obfuscation-
(ther mit- Circ- In the R'C?
Infanticide or abortion to conceal dis#race or dishonor-
Adulter$5 there is abandonment b$ the offended art$- ;+n4ustified>
$rticle 1'
Q: What are a##ra!atin# circumstances?
5 those if resent, are not automaticall$ offset b$ miti#atin# circumstances
5 ma$ increase the enalt$ ro!ided b$ the law without e8ceedin# the ma8imum
enalt$ or it chan#es the nature of the crime
I Classification%
1. Feneric those that #enerall$ al$ to all crimes, e#- Recidi!ism, Aid of Minors,
Ad!anta#e ta6en b$ 'ublic 'osition, etc
+. ">ecific those that al$ to articular crimes, e#- I#nomin$, 1reacher$
9. 3ua)ifying 1hose that chan#e the nature of the crime, e#- 1reacher$, )!ident
'remeditation, Cruelt$, etc-
4. In'erent necessit$ accomanies the commission of the crime, e#- se8 is
inherent in crimes a#ainst chastit$
0ifference 1etCeen Feneric an8 3ua)ifying
F!N!RIC 3JALIA$INF
5 can be offset b$ an ordinar$ 5 cannot be offset b$ an ordinar$
miti#atin# circumstance miti#atin# circumstance
5 the le#al effect is to increase 5 it chan#es the nature of the crime
the enalt$ to the ma8imum 5 #i!e the crime its roer and e8clusi!e
without e8ceedin# the limit name
(oth Aualifying and generic circumstances must be alleed in the information7
the rosecution canLt ro!e an a##ra!atin# circumstance durin# trial ;-F=< ZF in
the comarison art in the Re$es boo6 is wron#>
NO!" #$%
CRIMINAL LAW Page -; of 149
Artic)e 14*1. D A87antage a@en of Pu1)ic Position
5 a generic a##ra!atin# circumstance
5 based on Reublic Act C<K?, in crimes committed b$ a ublic officer, the enalt$
rescribed b$ law is alwa$s at the ma3imum, reardless of the mitiatin
circumstances presented and reardless of the nature of these mitiatin
circumstances
Pu1)ic Officer for ad!anta#e ta6en to be areciated, s,he must use the
influence, resti#e or ascendanc$ which his office #i!es him as the means b$
which s,he realiDes his urose-
1here should be a deliberate intent to use the influence, prestie or ascendancy
Is it enou#h that the offender is a ublic officer? =&, he has to use the influence,
prestie or ascendancy #i!en to him b$ his office
#upposin, a olice officer enters the house then ties u the residents and robs
them, can the a##ra!atin# circumstance of ad!anta#e ta6en of ublic osition be
areciated? .)"
#upposin, a traffic enforcer ta6e o!er the car of a dri!er and seeds awa$, he is
con!icted of robber$, can the a##ra!atin# circumstance of ad!anta#e ta6en of
ublic osition be areciated? .)"
#upposin some members of the baran#a$ council as6ed for financial sonsorshi
for the education of the communit$, then the ro4ect turned out to be false, can
the a##ra!atin# circumstance of ad!anta#e ta6en of ublic osition be
areciated? .)"
#upposin, if these crimes were attendant of ne#li#ence, assion or obfuscation,
!indication, or sufficient ro!ocation, can the a##ra!atin# circumstance of
ad!anta#e ta6en of ublic osition be areciated? =&, because these
circumstances are incompatible with ad!anta#e ta6en of ublic osition since
deliberate intent is absent in these instances-
#upposin, a olice in!esti#ator as6ed a rae !ictim to enter a room where he
committed acts of lasci!iousness on the rae !ictim, can the a##ra!atin#
circumstance of ad!anta#e ta6en of ublic osition be areciated? /0#
1he a##ra!atin# circumstance of advantage taen of public position is =&6
areciated when the public position is an integral element or inherent in the
offense7 In the ff crimes, ublic osition is inherent:
5 briber$ 5 mal!ersation of ublic funds
5 indirect briber$ 5 falsification of ublic documents
5 RA F:9? 5 other crimes a#ainst ublic officers under the R'C
NO!" #$%
CRIMINAL LAW Page -- of 149
#asis for t'e aggra7ation% the reater per&ersity of ,1- personal
circumstances of the offender, and ,2- means used to secure commission
of the crime
Artic)e 14*+. D Contem>t or Insu)t to Pu1)ic Aut'orities
5 5e=uisites:
1. the ublic authorit$ is en#a#ed in the e8ercise of his official functions
+. the ublic authorit$ is not the !ictim of the crime
9. offender 6nows him to be a ublic authorit$
4. his resence has not re!ented the offender from committin# the crime
#upposin, one "unda$, the ma$or 4ust finished mass, he saw two eole fi#htin#,
he mediated uon introducin# himself, can the a##ra!atin# circumstance of
contemt or insult of ublic authorities be areciated? /0#, because re#ardless
of the da$, e!en if "unda$ is not a wor6in# da$, the official function of the ma$or,
in this case to maintain eace and order, does not sto as lon# as he is within his
4urisdiction
#upposin, usin# the same facts abo!e, the two eole attac6ed the ma$or, can
the a##ra!atin# circumstance of contemt or insult of ublic authorities be
areciated? =&, because the ublic authorit$ should not be the offended art$
#upposin, usin# the same facts, but the ma$or attended the mass in another
town, can the a##ra!atin# circumstance of contemt or insult of ublic authorities
be areciated? =&, because mediatin# would not be art of his official functions
in that other town-
#upposin, usin# the same facts abo!e, but the two eole did not 6now that the
one mediatin# was in fact the ma$or, can the a##ra!atin# circumstance of
contemt or insult of ublic authorities be areciated? N(, the offenders ha!e to
6now that he is the ma$or or a ublic authorit$
Q: "uosin# ma$or of town I attendin# weddin# in town .- A crime was
committed- A##ra!atin#?
No- Must be within his 4urisdiction- Not en#a#ed in official duties-
Artic)e 14*9. D 0isregar8 of Ran@= Age= "ex or 0Ce))ing of t'e Offen8e8
Party
5 there are E(+R circumstances in this ara#rah
5 ran6, a#e, se8 ha!e a common denominator R resect due to offended art$
0isregar8 of ran@ of t'e offen8e8 >arty
NO!" #$%
CRIMINAL LAW Page -< of 149
5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin#
circumstance
5 not alicable to cases attendant of ne#li#ence or carelessness
5 not alicable to cases attendant of assion or obfuscation, !indication or those
with sufficient ro!ocation R because of the lac6 of intent
5 this can be done to a erson in authorit$ or his a#ent
5 there should be deliberate intent to disregard or insult R accomanied with
the difference in ran6, and manifested b$ deliberate acts
5 inherent in the crime of direct assault
#upposin, a ser#eant was dri!in# a 4ee in a careless manner, then he hit a
#eneral, can the a##ra!atin# circumstance of disre#ard of ran6 be areciated?
=&, there was no deliberate intent to disre#ard the ran6 of the #eneral
#upposin, h$sical in4uries were made a#ainst 'rof- Amurao b$ his student, can
the a##ra!atin# circumstance of disre#ard of ran6 be areciated? /0#, because
'rof- Amurao is a erson in authorit$ and ran6s hi#her than the student-
#upposin, a ser#eant sees his wife embracin# a #eneral, then he ran o!er them,
can the a##ra!atin# circumstance of disre#ard of ran6 be areciated? =&,
because this circumstance was attendant of assion or obfuscation
0isregar8 of age of t'e offen8e8 >arty
5 a #eneric a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin#
circumstance
5 for this circumstance to be areciated, the disarit$ of a#e between offender and
!ictim can be determined if the !ictim can be the father of the accused7 a disarit$
of 9K $ears or more
5 tender ae R for children7 old ae R for old eole
#upposin, the offender was ?: $ears old when he stabbed the 9:K5$ear old
!ictim, can the a##ra!atin# circumstance of disre#ard of a#e be areciated?
/0#, e!en if the offender was also !er$ old, the disarit$ of their a#es still
matters
NO!" #$%
0isregar8 of sex of t'e offen8e8 >arty
5 a #eneric a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin#
circumstance
5 the !ictim contemlated in this ara#rah should be a woman
5 the offender should act with deliberate intent to disrespect the woman
5 disre#ard of se8 is absorbed in treacher$
5 dwellin# ma$ mean temorar$ dwellin#
0Ce))ing
5 a lace or structure that satisfies the re3uirements of domestic life of a erson
circumstance
5 there no pro&ocation on the art of the offended art$
5 all the inredients of the crime should be done in the dwellin#
5 if the offender and offended are both occuants of the same house, dwellin#
cannot be areciated
#upposin, the crime was committed in the garage of the house, can the
a##ra!atin# circumstance of dwellin# be areciated? /0#, because the #ara#e is
art of the dwellin#
#upposin the crime was done in the roof? /0#
#upposin, a child was idnapped while at the stairs of the dwelling, there
was no ransom but the child was illed in Cavite, can the a##ra!atin#
circumstance of dwellin# be areciated? /0#, because the stairs is still art of
the dwellin#
#upposin, a husband ills his wife in their con4u#al dwellin#, can the
a##ra!atin# circumstance of dwellin# be areciated? =&
#upposin, the housemaid illed the employer@s child, can the a##ra!atin#
circumstance of dwellin# be areciated? =&
#upposin, the accused was on the road when he shot the !ictim who was at
the stairs, can dwellin# be areciated? /0#
#upposin, if the victim was in the yard going to the direction of the stairs,
can the a##ra!atin# circumstance of dwellin# be areciated? =&
NO!" #$%
CRIMINAL LAW Page <, of 149
#upposin, the victim was about to step on the stairs? can the a##ra!atin#
circumstance of dwellin# be areciated? /0#
#upposin, the employer raped their maid, can the a##ra!atin# circumstance
of dwellin# be areciated? =&
#upposin, the houseboy illed the housemaid, can the a##ra!atin#
circumstance of dwellin# be areciated? =&
#upposin, the wife illed her husband in the con4u#al house, can the
a##ra!atin# circumstance of dwellin# be areciated? =&
#upposin the wife commits adultery, can the a##ra!atin# circumstance of
dwellin# be areciated? /0#
#upposin, the owner of the house and the dwellin# of the !ictim, where the
victim was a tenant, can the a##ra!atin# circumstance of dwellin# be
areciated? /0#, because dwellin# ma$ mean temorar$ dwellin#
#upposin, the owner was illed in the toilet, can the a##ra!atin#
circumstance of dwellin# be areciated? /0#, because the toilet is art of the
dwellin#
#upposin, the owner of the house was illed E00 meters from the toilet
which was situated outside the house, can the a##ra!atin# circumstance of
dwellin# be areciated? =&, because if $ou destro$ the toilet, the house remains
intact
#asis of t'e aggra7ation% Place of the commission of the crime7 the sanctit$ of
ri!ac$ that the law ro!ides the human abode
Q: %ow man$ ACLs? @
9-> Ran6
=-> "e8
F-> A#e
@-> *wellin#
Q: Ran6 and abuse of ublic functions can co5e8ist?
.es
w, "'? No, incomatible
w, ',(? No
Q: Is it enou#h that the offended oart$ be of hi#her ran6?
No- *eliberate intent and with disre#ard
- "ame with a#e
- "ame with se8 ;not enou#h that offended art$ is a woman>
Q: *isre#ard of ran6- Eelon$ committed with ne#li#ence?
No- *eliberate intent and ne#li#ence are incomatible
NO!" #$%
CRIMINAL LAW Page <1 of 149
- With ',(? No-
- 'ro!ocation? No
- 2indication? .es
Q: /eneral has illicit relations with a wife of a "er#eant- "er#eant saw them in ti#ht
embrace, shoots the /eneral- A##ra!atin#?
No- with assion and obfuscation ;,o>
2indication of #ra!e offense with disre#ard of ran6? .es the$ are not
inconsistent-
$ge
Q: Accidental meetin# between offender and offended?
No- must ha!e deliberate intent
Q: "ur of the moment?
No- same reason- Alies also to Ran6
0$ accident? No-
Ran@ is a generic
Q: what is the Le#al effect?
Not offset b$ an$ ordinar$ miti#atin# circumstance- Raises the enalt$ to the
ma8imum
- Can be offset b$ mit circumstance
Q: When there are = or more #eneric a##, not offset b$ ordinar$ mit, can the
enalt$ #o be$ond the ma8 rescribed b$ law? No-
When there are 9:? No-
Must not e8ceed the enalt$ rescribed b$ law for the offense
What is the re3uired a#e difference? 9K $ears at least ;could be the father>
Le#al effect? Not offset b$ an$ ordinar$ miti#atin# circumstance- Raises the
enalt$ to the ma8imum
- Can be offset b$ mit circumstance
When there are = or more #eneric a##, not offset b$ ordinar$ mit, can the enalt$
#o be$ond the ma8 rescribed b$ law? No-
When there are 9:? No-
Must not e8ceed the enalt$ rescribed b$ law for the offense
NO!" #$%
CRIMINAL LAW Page <+ of 149
What is the re3uired a#e difference? 9K $ears at least ;could be the father>
A#e is #eneric
?K5 offended7 ?:5 offender a#e a##ra!atin#? No-
(ld man humiliated $ou in ublic- .ou stabbed him- A##ra!atin#? No- "ufficient
ro!ocation is incomatible-
.ou attac6ed a <: $o man who filed a criminal case a#ainst $ou- A##ra!atin#? .es-
No assion or obfuscation#-
5'assion or obfuscation must arise from unlawful action-
.ou stabbed an old man who aimed a re!ol!er at $ou- Not a##ra!atin#- No sufficient
ro!ocation-
Age is generic
?K5 offended7 ?:5 offender a#e a##ra!atin#? No-
(ld man humiliated $ou in ublic- .ou stabbed him- A##ra!atin#? No- "ufficient
ro!ocation is incomatible-
.ou attac6ed a <: $o man who filed a criminal case a#ainst $ou- A##ra!atin#? .es-
No assion or obfuscation#-
5'assion or obfuscation must arise from unlawful action-
.ou stabbed an old man who aimed a re!ol!er at $ou- Not a##ra!atin#- No sufficient
ro!ocation-
"e8
Q: Considered in rae as a##ra!atin#?
No- inherent
/eneric
Can be areciated in crimes a#ainst erson? .es but not in rae ;inherent>
Accused intended to 6ill husband-"aw husband and wife wal6in#- Eired at the
husband but hit the wife- Not a##ra!atin#- No deliberate intent-
Wh$ is se8 a##ra!atin#? Wemen belon# to the wea6er se8-
If the woman is a blac6 belter? No lon#er a##ra!atin#- Reason for law donLt e8ist
an$more-
NO!" #$%
Ran6, A#e, "e8 and *wellin# common element? R)"')C1 ;deliberate disre#ard of
the resect>
*wellin#
What is dwellin#? ;&Llo$d used the definition in the boo6- MALI>
/eneric
Comfor room a dwellin#? No-
*wellin# a lace of structure which satisfies the re3uirements of domestic life of a
erson
Is it enou#h that the crime be committed in the dwellin#? No- deliberate disre#ard
of the resect due to the offended art$ in the dwellin#-
- Incomaatible with ne#li#ence
- Incomatible with ,o
- Incomatible with sufficient ro!ocation
52indication can co5e8ist with dwellin#? .es- 1he$ are not incomatible-
Accused shot the !ictim while on the roof- *wellin# is a##ra!atin#
Accused was in the middle of the road- 2ictim was brushin# his teeth b$ the window
of the house- *wellin# is a##ra!atin#, re#ardless of the location of the offender
Accused under the house of !ictim- 2ictim on the uer ortion- A##ra!atin#? .es-
- Carort? .es
- Comfort room of house? .es
- If the CR is K:: meters from the house? No- no lon#er an inte#ral art of the
house-
2ictim inside car- Car is in carort? .es-
"on of owner of house, raed housemaid- Not a##ra!atin#- Must not be li!in# in the
same house-
5Maid onl$ reorts from < am to ? m- 1hen #oes home to famil$- No-
Eamil$ dri!er reorts from <am to Bm- )mlo$er was out, dri!er raed thesta$5in
housemaid- 1his is a##ra!atin#-
"iblin#s brother 6illed brother? No-
%usband 6illed aramour in con4u#al room- A##ra!atin# a#ainst the husband? No
NO!" #$%
Wife had se8 with a stran#er in the con4u#al room- A##ra!atin# a#ainst wife? .es-
"ee a#e FK@- )8cetion to the rule that dwellin# is not a##ra!atin# if both is li!in#
inside-
If the owner is the offender? No, as a #eneral rule
- )8cetion: lease Gtemorar$ dwellin#H
Artic)e 14*4. D A1use of Confi8enceKO17ious Jngratefu)ness
5 this ara#rah contemlates 1W( a##ra!atin# circumstances
A1use of Confi8ence e8ists onl$ when the offended art$ has trusted the
offender who later abuses such trust b$ committin# the crime- 1he abuse of
confidence must be a means of facilitatin# the commission of the crime- 1he
culrit ta6in# ad!anta#e of the offended art$Ls belief that the former would not
abuse said confidence
circumstance7 can be raised to the ma8imum
1here are instances where abuse of confidence is Aualifying:
5 3ualified theft 5 3ualified rae
5 3ualified seduction
Re?uisites%
1. offender had trusted the offended
+. offender abused such trust with the commission of the crime
9. abuse of confidence facilitated the commission of the crime
1here should be direct relationship and trust
Confidence must be immediate and ersonal
Abuse of Confidence is inherent in the ff:
5 mal!ersation 5 3ualified theft
5 estafa 5 3ualified seduction
#upposin, lovers broe off 1 wee before their encounter, can the
a##ra!atin# circumstance of abuse of confidence be areciated? =&
#upposin, a nanny illed 2 yr!old child under her care, can the a##ra!atin#
circumstance of abuse of confidence be areciated? =&, because there is no
direct relationshi and trust between the nann$ and child
#upposin, the nanny illed the mother of that child under her care, can the
a##ra!atin# circumstance of abuse of confidence be areciated? /0#, because
NO!" #$%
CRIMINAL LAW Page <: of 149
there is direct relationshi and trust between the nann$ and the arents of the
child
Jngratefu)ness must be ob!ious, manifest and clear
circumstance7 can be raised to the ma8imum
5 alicable to domestic ser!ants, G6atiwalasH, securit$ #uards
5 not alicable to if offender and offended both li!e in the same house
#asis for aggra7ation: #reater er!ersit$ of the wa$s and means emlo$ed
Abuse of confidence in estafa? Inherent-
(b!ious un#ratefulness
)mlo$er attemted a#ainst the honor of housemaid- After se!eral da$, emlo$er
in!ited housemaid to farm- Raed housemaid- No-
Abuse of confidence? Confidence bro6en-
Artic)e 14*:. D Pa)ace an8 P)aces of Commission of Offense
5 this ara#rah contemlates E(+R a##ra!atin# circumstances
5 offender must ha!e the intention to commit a crime when he entered the lace
5 all the four circumstances are not alicable to cases attendant of assion or
obfuscation, immediate !indication or those with sufficient ro!ocation R because
of the lac6 of intent
5 not alicable to cases in!ol!in# surs of the moment or chance meetin#s
Wisdom behind this circumstance: Wh$ a##ra!ate? WhatLs with the lace?
0ecause the lace deserves respect ;alies to all the laces mentioned under
this ara#rah>
Crime committe8 in t'e Pa)ace of t'e C'ief !xecuti7e
circumstance7 enalt$ can be raised to the ma8imum
5 Is it necessary that the Chief )8ecuti!e be there? =&
5 the alace contemlated here is the Malacanan# 'alace
NO!" #$%
CRIMINAL LAW Page <; of 149
#upposin, the chef of the Chief 03ecutive illed a +anitor, can the
a##ra!atin# circumstance of alace of the Chief )8ecuti!e be areciated? /0#,
the Chief )8ecuti!e need not be there
#upposin, a guest shot to death 4G *ie $rroyo, can the a##ra!atin#
circumstance of alace of the Chief )8ecuti!e be areciated? /0#
#upposin, usin# the same facts abo!e, the crime was committed in the lawn,
can the a##ra!atin# circumstance of alace of the Chief )8ecuti!e be
areciated? =&, because the lawn is not art of the alace
#upposin, usin# the same facts abo!e, the crime was committed in the
presidential mansion, can the a##ra!atin# circumstance of alace of the Chief
)8ecuti!e be areciated? =&, because the mansion is not the alace
Crime committe8 in t'e Presence of t'e C'ief !xecuti7e
5 re3uires the personal presence of the Chief )8ecuti!e
5 Is it necessar$ that the crime be committed in the 'residential alace? =&
#upposin, the president personally saw the crime, can the a##ra!atin#
circumstance of in the resence of the Chief )8ecuti!e be areciated? /0#
#upposin, the president, while watching television, saw the crime? can the
a##ra!atin# circumstance of alace of the Chief )8ecuti!e be areciated? =&
#upposin, on?board a helicopter, the Chief 03ecutive saw the crime from
a distance, can the a##ra!atin# circumstance of alace of the Chief )8ecuti!e be
areciated? /0#
#upposin, the offender had no nowledge that the Chief 03ecutive was
present or near the place of the commission of the crime, can the a##ra!atin#
circumstance of alace of the Chief )8ecuti!e be areciated? =&
Crime committe8 in t'e P)ace C'ere Pu1)ic Aut'orities are in t'e
0isc'arge of t'eir 0uties
5 emhasiDes the place of the commission of the crime
5 the ublic authorit$ must be in the e8ercise or erformance of oneLs official
function
Crime committe8 in a P)ace 0e8icate8 for Re)igious Wors'i>
5 emhasiDes the respect that should be afforded to the lace
NO!" #$%
CRIMINAL LAW Page <- of 149
#upposin, there was no ceremony in the church when the crime was
committed, can the a##ra!atin# circumstance of lace dedicated for reli#ious
worshi be areciated? /0#
#upposin, there was no priest in the church, can the a##ra!atin#
circumstance of lace dedicated for reli#ious worshi be areciated? /0#
#upposin, the crime was committed in a chapel inside a cemetery ,the
chapel is used only when there are masses to be held for purposes of
funeral services-, can the a##ra!atin# circumstance of lace dedicated for
reli#ious worshi be areciated? =&, the lace of reli#ious worshi should hold
reli#ious ceremonies there regularly
#asis for aggra7ation% #reater er!ersit$ shown b$ the place of the commission
of the crime, which must be respected
/eneric
)mhasis of ar K? 'LAC) of the commission of the crime- ;resect due to the
lace>
'res No$no$ in 1imes "t- Crime committed in Malacanan# #rounds- ;#arden>- No,
must be in alace itself, not #arden-
If the con!o$ was cau#ht in hea!$ traffic- Accused 6new it was the residentLs
con!o$- Committed holdu in the streets- A##ra!atin#? .es
Incomatible with ne#li#ence, ,o and s-
'resident no$no$ in helicoter ho!erin# o!er the ro4ects- 1wo wor6ers had a fi#ht-
(ne stabbed another to death within !iew of resident no$no$- A##ra!atin#? .es-
'lace de!oted for reli#ious worshi-
/eneric-
Is it enou#h that the crime be committed in a lace decoted to reli#ious worshi?
No- deliberate intent-
Accused rae !ictim while ra$in# in "an 0eda Abbe$? .es
If in a ri!ate chael in $our house? No- 9-> re#ular worshi- Re#ular reli#ious
worshi- =-> must be oen to the ublic-
Chaels in cemeteries? No-
NO!" #$%
CRIMINAL LAW Page << of 149
'ublic authorities are en#a#ed in the erformance #enerice
Not necessar$ that the 'A must be en#a#ed in the erformance of functions- Wh$?
)mhasis is in the lace- Reason is the resect due to the lace-
Chief 4ustice aslee in his house- 1he (ffice of Chief Austice was robbed-
A##ra!atin#? .es
(ffice of "enate 'res while "' was sleein# in his house in the middle of the ni#ht?
.es
0((P I" WR(N/- It will collide with ar = if it will be re3uired that the 'A should be
in the e8ercise of his functions-
Artic)e 14*;. D Nig'ttime= Jnin'a1ite8 P)ace or #an8
5 this ara#rah contemlates 1%R)) a##ra!atin# circumstances
5 all the three circumstances are not alicable to cases attendant of assion or
obfuscation or those with sufficient ro!ocation
A>>)ica1)e in cases C'ere:
1. the circumstance facilitated the commission of the crime
+. the circumstance was especially sought for b$ the offender to insure the
commission of the crime or for the urose of imunit$
I to commit the crime with more ease
I contemlates a lanned attac67 not a mere encounter
9. the offender too advantage of the circumstance for the purpose of
impunity
I to re!ent bein# reco#niDed or to secure himself a#ainst detection
Nig'ttime
5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
5 ni#httime means: be#innin# at the end of dus6 and endin# at dawn
5 it is not enou#h that it was ni#httime
5 what is eseciall$ sou#ht for b$ the offender is the dar6ness of the ni#ht
5 this circumstance is not alicable to cases in!ol!in# accidents, accidental
meetin#s, chance encounters, or surs of the moment
#upposin, the crime was committed inside a dar movie house at around
'pm, can the a##ra!atin# circumstance of ni#httime be areciated? =&,
because was should be eseciall$ sou#ht for is the dar6ness of ni#ht, not the
dar6ness of the mo!ie house when the li#hts were onl$ off because it was onl$ @
in the afternoon
NO!" #$%
#upposin, the crime was committed inside a movie house when the lights
were still open and the time then was Cpm, can the a##ra!atin#
circumstance of ni#httime be areciated? =&, because e!en thou#h it was
ni#httime, the lace of the commission was well5li#hted when it was committed
#upposin, the crime was committed in a place where it was well?lighted by
a *eralco lightpost, can the a##ra!atin# circumstance of ni#httime be
areciated? =&
Jnin'a1ite8 P)ace
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
5 there should be intent
"ur of the moment Not alicable
What is considered is the reasonable possibility for the &ictim to recei&e some
help4 the deree of difficulty of i&in assistance or help
"olitude ;must be sou#ht for to better attain criminal urose>
5 for an eas$ and uninterruted accomlishment of their criminal desi#n
5 to insure concealment of the offense7 securit$ a#ainst detection and unishment
#an8
5 more than three malefactors
5 shall ha!e acted together
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
What do $ou mean b$ GarmedH? onl$ #uns? N(, 6ni!es are considered7 an$thin#
that can 6ill a erson
A##ra!atin# in crimes aainst property and crimes aainst persons7 N(1
alicable in crimes a#ainst chastit$
#asis for aggra7ation% time L place of the commission J means employed
%ow man$ AC? F
Ni#httime #eneric ;with 4urisrudence>
Ni#httime as absorbed in treacher$ 3ualifies homicide to murder
What is ni#httime? '- F<K
Bm- Met in the classroom- "tabbed amurao- A##ra!atin#? No- classroom is well
li#hted-
Incomatible with: accidental meetin#, ne#li#ence, ,o, s,, sur of the moment-
"tarted the crime at Km ;sunset> finishes at 99 m a##ra!atin#? No- unset not
dar6 $et-
"tarted at F am KF: m sunrise? No-
NO!" #$%
*eliberate intent-
If the crime was finished onl$ at ni#httime not a##ra!atin#
Mo!iehouse- Li#hts off? No-
Announcement of total eclise causin# total dar6ness from Fm to K m- .ou lan
to 6ill $our nei#hbor when the eclise set in- not a##ra!atin#
[6illed durin# full moon-no clouds co!ered the moon- N(
- Ni#httime to be a##ra!atin#, the accused must ha!e sou#ht the dar6ness of
the ni#ht-
In crimes a#ainst erson ma$ be an indicia of treacher$-
+ninhabited lace
/eneric
Le#al effect?
Wh$ a##ra!atin#? No ossibilit$ of recei!in# hel ;1)"1>
*eliberate intent
Incomatible with ne#li#ence, s, ,o, chance encounter, sur of the moment,
Can treacher$ absorb this ac? .es-
0$ 0and
/eneric
Absorbed b$ treacher$? .es
"$non$mous with s$ndicate? No
- = or more
- Not necessaril$ armed
K ersons commirtted robber$, onl$ F armed- 0$a band? No- at least @ armed-
Artic)e 14*-. D On occasion of ca)amity or misfortune
5 that the crime be committed on the occasion of a confla#ration, shiwrec6,
earth3ua6e, eidemic or other calamit$ or misfortune
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
5 there should be deliberate intent to ta6e ad!anta#e
5 this circumstance is not applicable to cases in!ol!in# accidents, accidental
5 this circumstance is not applicable to cases attendant of ne#li#ence or
carelessness
5 not applicable to cases attendant of assion or obfuscation or those with sufficient
ro!ocation
NO!" #$%
Reason% in the midst of #reat calamit$, instead lendin# aid to the afflicted, the
offender adds to the !ictimsL sufferin# b$ ta6in# ad!anta#e of their ad!anta#e of
their misfortune to desoil
1he offender must see for the calamity as an opportunity to ta6e ad!anta#e
or to commit the crime
#upposin, the offender saw his mortal enem$ in a flood, then he 6illed his mortal
enem$, can the a##ra!atin# circumstance of be areciated? =&
#asis for aggra7ation% time of the commission of the crime
'ARA/RA'% C
- Qualif$in#
- Le#al effect
- *eliberate intent must ta6e ad!anta#e of the calamit$
Incomatible with ne#li#ence
Confla#ration
Retrie!in# $our roert$- Accidentall$ met $our mortal enem$- "tabbed him- Not
a##ra!atin#
Incomatible with: ,o, sur of the moment, s
Confla#ration 5 A stran#er too6 $our roerties, what is the crime- Qualified theft-
Artic)e 14*<. D Ai8 or Arme8 Men= etc.
5 that the crime be committed with the aid of ;9> armed men or, ;=> ersons who
insure or afford imunit$
Arme8 Men
5 at least two ;=> men7 the law sa$s GmenH7 four ;@> men R band alread$
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
Ru)e% Casua) >resence of armed men is =&6 aggravating
1he armed men must ta6e art directly or indirectly in the crime
1he offender must a!ail of the aid
Mere moral or psychological aid or reliance is sufficient
"ctual aid is =&6 necessar$
Persons C'o insure or affor8 im>unity
NO!" #$%
I a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
5 these ersons should ha&e or be in a position to afford imunit$
Is a +udge a erson who can afford imunit$? /0#
Is an employee a erson who can afford imunit$? =&
Is a secretary a erson who can afford imunit$? =&
Is a mistress a erson who can afford imunit$? =&
#asis for aggra7ation% means and wa$s of committin# the crime
'ARA/RA'% B
%ow man$? =
9-> Aid of armed men
=-> Aid of ersons who afford imunit$
Classification\ 3ualif$in#
Le#al effect?
Re3uirements:
9-> 1oo6 art
=-> A!ailed or relied
Armed men distin#uished from band:
= @
*irect or indirect directl$ too6 art
What 6ind of aid is contemlated?
Moral or s$cholo#ical will suffice7 material
A and @ friends decided to 6ill Amurao- @ friends all armed outside the #ate- A
armed with licensed re!ol!er- @ friends will onl$ hel uon si#nal- A##ra!atin#? .es-
Casual resence of armed men alread$ a##ra!atin#? No
'olice ma4or celebratin# bda$- In!ited subordinates with ser!ice firearms- A #uest
stabbed another #uest No
Imunit$
NO!" #$%
Qualif$in#
Le#al effect?
e-#- first #entleman arochaed to rotect $ou after 6illin# somebod$ .es
Chieftain of A005N'A ;notorious>- A##ra!atin#? .es- Imunit$ for Criminal
'rosecution- Assurance that there will be no comlainant and witnesses .es- not
re3uired to be le#al source-
Mistress of ma$or to afford imunit$ $es
Artic)e 14*9. D Reci8i7ism
Reci8i7ist one who, at the time of his trial for one crime, shall ha!e been
re!iousl$ con!icted b$ final 4ud#ment of another crime embraced in the same
title of the R'C
Re?uisites%
1. that the offender is on trial for an offense
+. that he was re!iousl$ con!icted by final +udgment of another crime
9. that both the first and the second offense are embraced in the same title of the
R'C
4- that the offender is con!icted of the new offense
#upposin, the first offense was acts of lasci!iousness in 9?B:, then the second
offense in =::< was attemted rae, can the a##ra!atin# circumstance of
recidi!ism be areciated? =&, because acts of lasci!iousness and attemted
rae are not embraced in the same title of the R'C7 acts of lasci!iousness5crimes
a#ainst chastit$7 attemted rae5crimes a#ainst ersons
#upposin the first offense in 9?B: was attemted rae, then the second offense
in =::< was acts of lasci!iousness, can the a##ra!atin# circumstance of
recidi!ism be areciated? /0# because attemted rae then in 9?B: was
embraced under crimes a#ainst chastit$, hence both crimes are embraced in the
same title of the R'C
Pardon does not obliterate the fact that the accused was a recidi!ist
1he time or period between the two offenses is immaterial
#asis for aggra7ation% inclination to crimes
- Qualif$in#
- Le#al effect
NO!" #$%
- *eliberate intent must ta6e ad!anta#e of the calamit$
Incomatible with ne#li#ence
Confla#ration
Retrie!in# $our roert$- Accidentall$ met $our mortal enem$- "tabbed him- Not
a##ra!atin#
Incomatible with: ,o, sur of the moment, s
Confla#ration 5 A stran#er too6 $our roerties, what is the crime- Qualified theft-
Recidi!ist define
2iolation of secial enal laws 5 No, must be in the R'C
"imle theft con!ict endin# aeal
2iolation of anti fencin# law No
Qualified theft endin# aeal
Accomlice in attemted robber$ no, final 4ud#ment
0efore BFKF attemted rae ser!ed sentence
"li#ht h$sical in4uries N(5 not embraced
'ublic interest in the same title of R'C
Ealsification of commercial documents
)stafa
- 'oert$
9?C:5=:9:: not embraced in the same title-
Artic)e 14*1,. D Reiteracion or 5a1itua)ity
5 that the offender has been re!iousl$ unished for an offense to which the law
attaches an e3ual or #reater enalt$ or for two or more crimes to which it attaches
a li#hter enalt$
Re?uisites%
1- that the accused is on trial for an offense
NO!" #$%
+- that he re!iousl$ ser!ed sentence for another offense to which the law attaches
an e3ual or #reater enalt$ or for = or more crimes to which it attaches a li#hter
enalt$ than that for the new offense
9- that he is con!icted of the new offense
0ifference 1etCeen Reci8i7ism an8 Reiteracion
R!CI0I(I"M R!I!RACION
5 its enou#h that a final 4ud#ment 5 its necessar$ that the offender shall
has been rendered for the 9
st
offense ha!e ser!ed out his sentence for
the 9
st
offense
5 re3uires that both offenses be 5 9
st
and =
nd
offense must not be
embraced in the same title of the R'C embraced in same title of the R'C
5 alwa$s ta6en into consideration in 5 not alwa$s an a##ra!atin#
terms of the enalt$ to be imosed circumstance
5 re!ious crimes must be of e3ual
or #reater in enalt$ ;at least one>
or at least two li#hter enalties
If the 2
nd
crime is an offense or crime punishable under a special law, it
cannot be considered under reiteracion because "rticles 13, 14, 15 of the 5$C
are not applicable to special law crimes, alicable onl$ to crimes defined under
the Re!ised 'enal Code-
#upposin, the 9
st
offense is ille#al ossession of firearms ;a secial law crime>,
unishable b$ reclusion temoral, while the =
nd
offense is less serious h$sical
in4uries, can the a##ra!atin# circumstance of reiteracion be areciated? /0#, if
the offender was pre&iously punished for a special law crime or an offense, the
nature of the crime is immaterial4 the emphasis is on the punishment or penalty
Aour Aorms of Re>etition
1. Recidi!ism 9. %abitual *elin3uenc$,Multi5recidi!ism
+. Reiteracion or %abitualit$ 4. Quasi5recidi!ism
NO!" #$%
5a1itua) 0e)in?uency when a erson within a eriod of 9: $ears from the date
of release or last con!iction of the crimes of serious or less serious h$sical
in4uries, robber$, theft, estafa, or falsification, found #uilt$ for a F
rd
time or oftener-
A habitual delin3uent shall suffer an additional enalt$
3uasiIreci8i7ism an$ erson who shall commit a felon$ after ha!in# been
con!icted b$ final 4ud#ment before be#innin# to ser!e such sentence or while
ser!in# the same, shall be unished b$ the ma8imum eriod of the enalt$
rescribed b$ law for the new enalt$-
#asis for aggra7ation% inclination to crimes
Reiteraciion and recidi!ism distin#uish
Murder ardon- A##ra!atin#? .es- 'ardon does not obliterate-
Attemted homicide < $ears robation
Erustrated murder No-
"erious h$sical in4uries @ $ears, obation
Less serious no
Classification #eneric
Le#al effect?
Attemted homicide not alle#ed but ro!ed durin# trial areciate habitualit$?
.es, #eneric if without ob4ection
- *istin#uish from habitual delin3uenc$ nature of offense 9: $ears re3uired
- %abitualit$ #eneric
- 0oth must be alle#ed in the information
Artic)e 14*11. D Price= ReCar8 or Promise
I a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
NO!" #$%
1he price, reward or promise must be the sole motivating factor for committin#
the crime7 must be for the urose of inducin# another to erform a deed
1here should be two or more offenders: the one who offers, the one who accepts
it
Crimina) Partici>ation% the one who offers is a principal by inducement, the
one who accepts is a principal by direct participation
It is not necessar$ that the rincial b$ direct articiation recei!e the reward or
romise7 what is imortant is that the reward or romise was the sole moti!atin#
factor otherwise the crime would not ha!e been committed
#upposin, the one who commits the crime 6nows of the reward or romise
alread$, can the a##ra!atin# circumstance of rice, reward or romise be
areciated? =&, because there was no moti!ation alread$
#asis for aggra7ation% #reater er!ersit$ by the moti&atin power itself
'rice, reward or romise
- At least = or more offenders
- Must be the sole miti#atin# ower without which there would be no crime
- Qualif$inf le#al effects
/i!in# reward rincial b$ inducement
Accetor direct articiation
Necessar$ that accused actuall$ recei!ed? N(
.ou aroached a #un5for5hire- 'aid K:6 to 6ill Amurao- /un for hire was his former
student willin# to 6ill Amurao without rice- A##ra!atin#? No-
Artic)e 14*1+. D #y means of inun8ation= fire= etc.
5 that the crime be committed b$ means of inundation, fire, oison, e8losion,
strandin#, of a !essel or intentional dama#e thereto, derailment of a locomoti!e, or
b$ the use of an$ other artifice in!ol!in# #reat waste and ruin
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
1here are instances when these circumstances are inherent in the crime, thus
cannot be appreciated as a##ra!atin# circumstances:
1. Gb$ means of fireH5 inherent in arson
+. Gb$ means of derailment of locomoti!eH inherent in dama#e to means of
communication
NO!" #$%
9. Gb$ means of e8losionH5 without intent to 6ill, inherent in destruction to roert$
0ifference of Par.- an8 Par.1+
'ar-C R on occasion of calamit$ or misfortune7 not within offenderLs control
'ar-9= R the acts of #reat waste and ruin are used by the offender as means
#asis for aggra7ation: means and ways emlo$ed
Artic)e 14*19. D !7i8ent Preme8itation
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
carelessness
5 not applicable to cases attendant of assion or obfuscation or those with
sufficient ro!ocation
!7i8ent Preme8itation the essence of such is that the e8ecution of the
criminal act must be receded b$ cool thou#ht and reflection uon the resolution
to carr$ out the criminal intent durin# the sace of time sufficient to arri!e at a
calm 4ud#ment
Re?uisites%
1. the time when the offender determined to commit the crime
+. an act manifestl$ indicatin# that the culrit has clung to his determination7
throu#h an o!ert act
9. the date H time when the crime was committed ;to comute lase of time>
4. a sufficient lapse of time between the determination and e3ecution, to
allow him to reflect uon the conse3uences of his act and to allow his conscience
to o!ercome the resolution of his will
Is the a##ra!atin# circumstance of )!ident 'remeditation comatible with the
miti#atin# circumstance Immediate 2indication of a Relati!e for a /ra!e (ffense?
NO!" #$%
/0#, the miti#atin# circumstance and a##ra!atin# circumstance can be
areciated-
Can e!ident remeditation be resent in error in personae? N(
Can e!ident remeditation be resent in aberratio ictus? N(
#upposin, $ou intended to 6ill 'rof- Amurao, thin6in# it was him, $ou shot at the
erson, who turned out to be *ean Aara, can the a##ra!atin# circumstance of
e!ident remeditation be areciated? =&, because there should be deliberate
intent to 6ill *ean Aara
Fenera) ru)e% In aberratio ictus, e!ident remeditation is N(1 alicable
!xce>tion% if there was a #eneral lan to 6ill an$one7 if offenders intended to 6ill
an$one
#asis for aggra7ation% reference to the wa$s of committin# the crime because
e!ident remeditation imlies deliberate lannin# of the act before e8ecutin# it
)lements: @
Classification 3ualif$in#
Le#al effects?
Incomatible with ne#li#ence, sur of the moment, accidental meetin#, ,o, s
2indication of #ra!e offense? .es
)rror in ersonae
5#eneral rule: No
)8cet: if there is a #eneral lan
Accused has a secific !ictim but willin# to 6ill a erson who interfered- .es
Abberatio ictus: No
Artic)e 14*14. D Craft= Arau8= 0isguise
5 that ;9> craft, ;=> fraud, ;F> dis#uise be emlo$ed
5 this ara#rah contemlates 5R!! a##ra!atin# circumstances
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
Craft in!ol!es intellectual tric1ery and cunnin on the art of accused
#upposin, the accused pretended to be a customer, then he robbed the
lace, can the a##ra!atin# circumstance of craft be areciated? /0#
NO!" #$%
CRIMINAL LAW Page 1,, of 149
#upposin the accused pretended to be a person in authority, for e8amle
osin# as Meralco officials, then the$ commit a crime, can the a##ra!atin#
circumstance of craft be areciated? /0#
Arau8 insidious words or machinations used to induce the !ictim
,raudulent machinations and ra&e abuse of authority will be absorbed in the
crime of ra>e
Eraud is inherent in the crime of estafa
0isguise resortin# to an$ de&ice to conceal identity
!(amples:
5 wearin# a mas6 5 use of an assumed name
5 wearin# a uniform of a olice officer
Q: Craft definition
It is Qualif$in#5le#al effects
)8amle: A, 0, C in order to 6ill *, told the latter the$ are #oin# on camin#, 6illed *
in the forest
Eraud
Qualif$in#5 le#al effects
)stafa5le#al effect of fraud
It is inherent in the commission of estafa inherent in Art- =9F
*is#uise
When is there dis#uise?
Qualif$in#5le#al effect
)8amle: "e!eral members of 0onnet /an# committed robber$ in the hi#hwa$
#asis of aggra7ation% means emlo$ed
Artic)e 14*1:. D A1use of "u>erior "trengt'KMeans to Wea@en 0efense
5 that ;9> ad!anta#e be ta6en of suerior stren#th or ;=> means be emlo$ed to
wea6en the defense
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
NO!" #$%
CRIMINAL LAW Page 1,1 of 149
5 there should be deliberate intent to ta6e ad!anta#e of suerior stren#th
A1use of "u>erior "trengt' deends on the age, si<e, and strength of the
arties7 it is considered whene!er there is notorious ineAuality of forces between
the !ictim and the a##ressor, assessin# a sueriorit$ of stren#th notoriousl$
ad!anta#eous for the a##ressor which is selected or ta6en ad!anta#e of b$ him in
the commission of the crime
If the !ictim was alternately attaced, there is =& abuse of suerior stren#th
Means to Wea@en t'e 0efense
#upposin, the offender into3icated the victim to materially weaen her,
can the a##ra!atin# circumstance of means to wea6en defense be areciated?
/0#

Artic)e 14*1;. D reac'ery *A)e7osia.
5 a specific a##ra!atin# circumstance: onl$ alicable to crimes against
persons7 can treacher$ be areciated in rae? /0#
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
meetin#s, chance encounters, or surs of the moment, or on5the5sot decisions to
commit the crime
carelessness
5 not applicable to cases attendant of assion or obfuscation or those with
sufficient ro!ocation
1reacher$
When is there treacher$
Qualif$in# and secific5 crimes a#ainst erson
Qualif$in#5chan#e the nature of the crime
Incomatible with ne#li#ence, sufficient ro!ocation, assion or obfuscation
Can co5e8ist with !oluntar$ confession of #uilt? .es- With !oluntar$ surrender? .es-
1he$ are not inconsistent withQ
0+1 I" I1 "1ILL ACC+RA1) 1%A1 1%I" Q+ALIE.IN/ A//RA2A1IN/ CIRC+M"1ANC)
CANN(1 0) (EE")1 0. AN. MI1I/A1IN/ CIRC? .es- *ifferent functions- (ne is to
NO!" #$%
CRIMINAL LAW Page 1,+ of 149
chan#e the nature of the felon$- ;A//> (ther is to reduce enalt$ b$ one eriod
after the offense is 3ualified ;MI1>
*oes a ri!ile#ed mit- Circ- (ffset a 3ualif$in# a##ra!atin#? N(-
5Eunction of 3ualif$in# a##- Circ- Is to chan#e the nature of the offense for which the
accused stands to be rosecuted-
5Role of ri!ile#e miti#atin# circ- Is to reduce the enalt$ b$ one or two de#rees as
the case ma$ be from the roer enalt$ imosed on the offense as 3ualified-
Can co5e8ist with !indication for a #ra!e offense? .es-
Pill nei#hbor
W,o treacher$5 %omicide ;reclusion temoral>
w, treacher$5 Murder ;reclusion eretua to death>
with 9 mit circ- ;R' in medium, R' in minimum>
with 9 ri!- mit circ- R1 ;one de#ree lower from R1>
1reacher$ can be areciated in RA')? .es, crime a#ainst ersons-
In a rosecution for rae, b$ treacher$ and abuse of suerior stren#th or craft,
fraud, dis#uise5 absorbed in treacher$
In rosecution for M+R*)R 3ualified b$ treacher$ and e!ident remeditation- Can
)' be areciated so as to increase enalt$ in ma8imum? N(- absorbed in
treacher$-
"ame with inundation, fire, oison, e8losion, rice, reward or romise-
Aid of armed men, ersons who afford imunit$, ni#httime, calamities or
misfortune-
ALL Q+ALIE.IN/ A//RA2A1IN/ CIRC- )numerated in 'eole !s- 'ala#anas can be
absorbed b$ treacher$-
"uosin# $ou 6illed $our nei#hbor with e!ident remeditation and emlo$ed
means to wea6en defense and used dis#uise and too6 ad!anta#e of dee flood-
%ow man$ 3ualif$in#? @
Assumin# there was treacher$, how man$? K
Is it necessar$ for the court to consider all K to chan#e the nature of the felon$? No-
1reacher$ will suffice-
NO!" #$%
Now, what will haen to the other @ a##ra!atin# circ? *eemed absorbed in
treacher$- 1he$ can no lon#er be areciated to imose enalt$ in the ma8imum-
1)"1" in 1R)AC%)R.-
9- Is the attac6 sudden and une8ected?
=- Was the !ictim #i!en an oortunit$ for defense?
F- Was the means emlo$ed deliberate and consciousl$ adoted? ;F
rd
test is the
most imortant->
Incomatible with casual encounter5 e!en if 9 and = were resent, if F is lac6in#,
there is no treacher$-
Incomatible with accidental meetin#5 sur of the moment-
Incomatibel if 6illin# was receded b$ a heated ar#ument- ;lace the !ictim on
#uard to be reared for an$ attac6>
)nterin# carar6, !acant lot
Another !ehicle hurr$in# towards the slot- .ou #ot in first- 1here was a heated
ar#ument- %e warned $ou, 0abali6an 6ita- After two minutes shot $ou- Was there
treacher$? None-
If 6illin# was receded b$ threat, treacher$? No-
Lac6in# 3uestion no- =-
When attac6 consists of = or more sta#es
A##ression is interruted5 fatal blow5there was treacher$
Continuin#5treacher$ must be resent at the incetion
)8amle of Z9 ;see #reen noteboo6>
A saw his enem$ 0
w,o an$ warnin# from behind, inflicted stab wounds-
0 was able to a!oid- (en fi#ht followed, 0 fled-
A immediatelt behind, stabbed 0- 0 died- Was there treacher$? None- 1reacher$
was not consciousl$ adoted at the incetion and the a##ression bein# continuin#-
)8amle of Z=- 'eole !- Canete, +" !s- 0alu$ot
A sa 0 in a bar- A challen#ed his enem$ 0 in a fi#ht- 1he$ fou#ht inside the bar- A hit
0 in the bac6 b$ ie, 0 died- What crime? %omicide onl$- Chance encounter, not
treacher$-
NO!" #$%
Accused found to be into8icated under influence of dru#s? M+R*)R- Influence of
ille#al dru#s 3ualifies crime from homicide to murder- ;RA ?9<K Comrehensi!e
*an#erous *ru#s Act of =::=>
"uosin# !ictim warned not to enter a certain area while wal6in# alon# the road,
somebod$ stabbed him from behind, treacher$? .)"- /eneral warnin# is not enou#h
to remo!e treacher$-
Is the a##ra!atin# circumstance of 1reacher$ comatible with the miti#atin#
circumstance Immediate 2indication of a Relati!e for a /ra!e (ffense? /0#,
because there was intent to ta6e re!en#e
Ru)es regar8ing reac'ery
1. alicable onl$ to crimes against persons
+. means, methods, or forms need not insure accomlishment of crime7 only to
insure e3ecution
9. the mode of attac6 must be consciously adopted
Re?uisites
1. 1hat at the time of the attac6, the victim was not in a position to defend
himself
+. 1hat the offender consciously adopted the particular means, method or
form of attac emlo$ed b$ him
W'at is im>ortant to 8etermine are t'e fo))oCing%
5 the !ictimLs ability to defend himself
5 the mode of attac6 was consciously adopted
Im>ortant ?uestions to ansCer%
1. Was the attac1 sudden and une(pected?
+. *id the offended ha!e any opportunity to defend himself?
9. Was the mode the attac1 deliberately or consciously adopted b$ the accused to
insure e8ecution without ris6 to the offender?
If the answer to all these 3uestions is /0#7 then treachery is present
NO!" #$%
CRIMINAL LAW Page 1,: of 149
"ummary of t'e ru)es%
1. When the a##ression is a single and continuous act, it must be present right
at the inception or resent in the be#innin# of the assault
+. When the assault is not continuous, or the attac is divisible into two or
more stages, or interrupted, it is sufficient that treachery was present at
the time of the mortal blow was inflicted-
#upposin, there was a heated argument between the offender and the
offended before the$ attac6ed each other, can the a##ra!atin# circumstance of
treacher$ be areciated? =&, either or both arties should ha!e been reared
#upposin, there was a warning from the offender, then after a few minutes
he attaced the !ictim, can the a##ra!atin# circumstance of treacher$ be
areciated? =&, because there was a chance to defend himself and ose a
ris6 to the offender
#upposin, $our enem$ was sleeping, $ou taed him, then $ou shot him as
soon as he awaened, can the a##ra!atin# circumstance of treacher$ be
areciated? /0#
#upposin, the victim@s hands and feet were tied, then mortal wounds
were inflicted on the !ictim, can the a##ra!atin# circumstance of treacher$ be
areciated? /0#
#upposin, the offender buried half of the victim@s body, then he haced the
victim to death, can the a##ra!atin# circumstance of treacher$ be areciated?
/0#
#upposin, the accused shot the !ictim who was tied to a coconut tree, can the
a##ra!atin# circumstance of treacher$ be areciated? /0#
#upposin, there was a dispute over a paring space, then the accused shot
the !ictim, can the a##ra!atin# circumstance of treacher$ be areciated? =&
#upposin, the !ictim suffered frontal mortal wounds, immediatel$, can the
a##ra!atin# circumstance of treacher$ not be areciated? =&, because ha!in#
frontal wounds is =&6 conclusi!e that there was no treacher$
#upposin, the !ictim suffered mortal wounds at the bac, immediatel$, can
the a##ra!atin# circumstance of treacher$ be areciated? =&
Note% 1he location of the wounds does not #i!e rise to the resumtion of the
resence of treacher$
#upposin, the victim hid behind a drum where he could not be seen b$ the
offender, the offender, 6nowin# that the !ictim was hidin# behind the drum shot
at the drum7 the bullet penetrated the drum and hit the victim which
NO!" #$%
CRIMINAL LAW Page 1,; of 149
caused his death, can the a##ra!atin# circumstance of treacher$ be
areciated? /0#, because the victim was not in a position to defend
himself
#upposin, there was an a#reement to fi#ht
6reachery cannot be presumed7 must be ro!ed b$ clear and convincing
evidence
In treacher$, it is not necessary that the erson intended to be 6illed was not
the one actuall$ 6illed
Accordin# to 'rof- Amurao, treacher$ is a olitician and a Gbuwa$aH, because it
ta6es e!er$thin#7 because treachery absorbs all other aggravating
circumstances
#asis for aggra7ation% means and ways emlo$ed
A88itiona) notes from Prof. Amurao%
5 If the offender was under the influence of drugs in the crime of murder or
homicide, this can be considered a 3ualif$in# a##ra!atin# circumstance, e!en in
the absence of treacher$ ;ursuant to RA ?9<K>
5 the use of an unlicensed firearm R a secial a##ra!atin# circumstance for the
crime of murder or homicide7 before it was searatel$ rosecuted, but now
unlawful ossession is onl$ a secial a##ra!atin# circumstance that can increase
the enalt$ to the ma8imum7 no searate rosecution
Artic)e 14*1-. D Ignominy
5 that means be emlo$ed or circumstances brou#ht about which add i#nomin$ to
the natural effects of the act
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
Ignominy a circumstance ertainin# to the moral order which adds dis#race and
oblo3u$ to the material in4ur$ caused b$ the crime
Alicable to crimes a#ainst chastit$, less serious h$sical in4uries, li#ht or #ra!e
coercion and murder
!ffect of ignominy: the crime becomes more humiliatin# or to ut the offended
art$ to shame
#upposin, a woman was raped in the presence of her husband and
children, can the a##ra!atin# circumstance of i#nomin$ be areciated? /0#
NO!" #$%
CRIMINAL LAW Page 1,- of 149
#upposin, a woman was raped while cogon grass was wrapped around the
penis of the offender, can the a##ra!atin# circumstance of i#nomin$ be
areciated? 'rof- Amurao thin6s that this scenario falls under the a##ra!atin#
circumstance of cruelty
#asis for aggra7ation% means emlo$ed
I/N(MIN.
Art, 9B and 9?5 '* KF=, accomlices in '* KF=
Art- 9? accessories5 Anti5fencin# law '* 9B=? ;(bstruction of Austice>
Art- =? 're!enti!e Im and creditin#
2ictim all wounds frontal
1reacher$ cannot be areciated? No- Mere resence of frontal wound is not
conclusi!e that no treacher$ was emlo$ed neither will resence of bac6 wounds be
conclusi!e that treacher$ was resent-
Absent an$ roof as to how wound was inflicted-
2ictim has 4ust awa6en, still drows$ when attac6ed- 1reacher$? .es-
Question %our: Amurao "ea6in#-
When there are = 3ualif$in#, one will suffice to chan#e the nature of the crime-
What will haen to the other 3ualif$in#? 1he other will be considered as #eneric
a##ra!atin# circumstance5 enalt$ to the ma8imum- ;)8cet treacher$, because
treacher$ will absorb them>
N-0- (ther 3ualif$in# circ- Not in art =@B ;murder> e-#- craft, fraud, or dis#uise- 1he$
are means of treacher$, absorbed in treacher$ in Art- =@B->
Artic)e 14*1<. D Jn)aCfu) !ntry
5 that the crime be committed after an unlawful entr$
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
Jn)aCfu) !ntry an entrance is effected b$ a wa$ not intended for
Pur>ose to effect entrance not for escae
#upposin, the window was used to gain entry into the house, can the
a##ra!atin# circumstance of unlawful entr$ be areciated? /0#
NO!" #$%
CRIMINAL LAW Page 1,< of 149
#upposin, the owners of the house commonl$ use the window as their
ordinary means to enter the house, then the accused entered the door, can
the a##ra!atin# circumstance of unlawful entr$ be areciated? /0#
+nlawful entr$ is inherent ;thus cannot be areciated as an a##ra!atin#
circumstance> in the followin# crimes:
5 robber$ with force uon thin#s
5 !iolation of domicile ;committed b$ ublic ersons>
5 tresass to dwellin# ;committed b$ ri!ate indi!iduals>
Artic)e 14*19. D #rea@ing Wa))
5 that as a means to the commission of a crime, a wall, roof, floor, door or window
be bro6en
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
1o effect entrance onl$
"hould be as a means to commit to crime
#upposin, the accused intended to ill his ne3t?door neighbor by breaing
the wall searatin# them, then he shot the neighbor, can the a##ra!atin#
circumstance of brea6in# wall be areciated? /0#
0rea6in# wall is inherent in robber$ with force uon thin#s
Artic)e 14*+,. D Ai8 of Minor or 1y Means of Motor (e'ic)es
5 that the crimes be committed ;9> with the aid of ersons under 9K $ears of a#e or
;=> b$ means of motor !ehicles, airshis or other similar means
Ai8 of Minor
circumstance
5 in!ol!es the ta6in# ad!anta#e of the childLs immaturit$ or innocence
NO!" #$%
Jse of Motor (e'ic)es
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
5 the offender should deliberately see for the use of the !ehicle
5 the use of the motor !ehicle must be the means used to commit the crime
5 should facilitate the commission of the crime
#upposin, the accused robbed a house then found a car in front of the
house which he used for his escae, can the a##ra!atin# circumstance of use of
motor !ehicle be areciated? =&, because the crime was alread$ accomlished
#upposin, the accused robbed the passengers in a bus, can the a##ra!atin#
circumstance of use of motor !ehicle be areciated? /0#, e!en if it is a ublic
!ehicle, the circumstance can be areciated
#upposin, a ta3icab was hired, then an argument ensued inside where
the accused illed the victim, can the a##ra!atin# circumstance of use of
motor !ehicle be areciated? =&, because the motor !ehicle was 4ust incidental
to the crime
Are motori<ed bies considered? /0#
What if it is a motoriDed bi6e but the motor is not used? /0#
Are road?rollers or 8pison9 considered? =&, because it is not motoriDed as
contemlated b$ the L1(
+se of motor !ehicles is inherent in the crime of carnain#
Artic)e 14*+1. D Crue)ty
5 that the wron# done in the commission of the crime be deliberatel$ au#mented b$
causin# other wron# not necessar$ for its commission
C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
Crue)ty when the culrit en+oys and delights in ma6in# his !ictim suffer slowl$
and #raduall$, causin# the !ictim unnecessar$ h$sical ain in the consummation
of the criminal act
Re?uisites%
1. 1hat the in4ur$ caused be deliberatel$ increased b$ causin# another wron#
+. 1hat the other wron# be unnecessar$ for the e8ecution of the urose of the
offender
NO!" #$%
Is there cruelt$ when it is done a#ainst a dead body? =&, because it did not
rolon# ain since the erson was alread$ dead
Is there cruelt$ when it is done a#ainst an unconscious person? /0#
#upposin, a dead erson was found with 12E stab wounds, can the
a##ra!atin# circumstance of use of motor !ehicle be areciated? =&, because
the number of wounds is immaterial with cruelt$
Ignominy moral sufferin#
Crue)ty h$sical sufferin# rolon#ed
Cruelt$ cannot be presumed
#asis for aggra7ation: ways emlo$ed
$rticle 1E
5 those which must be ta6en into consideration as a##ra!atin# or miti#atin#
accordin# to the nature and effects of the crime and the other conditions attendin#
its commission
'e fo))oCing are a)ternati7e circumstances%
1. Relationshi
+. Into8ication
9. *e#ree of Instruction and )ducation of the (ffender
Artic)e 1:*1. D Re)ations'i>
5 considered when the offended art$ is the:
a- souse
b- ascendant
c- descendant
d- le#itimate, natural, adoted siblin#
e- relati!e b$ affinit$
C+ #upposin, a stepdaughter was raped by her stepfather, can the alternati!e
circumstance of relationshi be areciated? /0#
Relationshi is mitigating in crimes against property ,R"4$-:
1. robber$ 9. fraudulent insol!enc$
+. usuration 4. arson
NO!" #$%
Relationshi is e3empting in crimes of theft, swindling, or malicious
mischief if the offender and offended live together
Relationshi is aggravating in crimes against persons when the offended is
a relative of higher degree than the offender or when the offender and
offended are parties of the same level
If the offended is a relative of lower degree, in the crime of less serious and
slight physical in+uries, relationship is mitigating
If the offended is a re)ati7e of 'ig'er 8egree, in the same crimes, re)ations'i>
is aggra7ating
When the crime is homicide or murder, which resulted to the death of the
!ictim, relationship is aggravating, regardless of degree-
In crimes against chastity, relationshi is $)1$/# aggravating
Artic)e 1:*+. I Intoxication
a. mitigating when:
5 the drin6in# is not habitual7 or accidental
5 if the into8ication is not subseAuent to the plan to commit a crime
5eason for mitiation: e8ercise of will ower is imaired
1. aggravating when:
5 if habitual
5 if into8ication is intentional ;full$ 6nowin# its effects as a stimulant> or
subseAuent to the plan to commit the crime
5eason for ara&ation: bolstered coura#e to commit the crime ;intentional>7
lessens resistance to e!il thou#hts ;habitual>
Artic)e 1:*9. D Instruction or !8ucation
5 what is measured is the deree of intellience not the formal education
Low de#ree of instruction,Lac6 of education mitigating
%i#h de#ree of instruction7 offender a!ails of intelli#ence 5 aggravating
#upposin, the crime was done not in a civili<ed society, can the alternati!e
circumstance of low deree of instruction as a mitiatin circumstance /0#, it is a
mitigating circumstance
#upposin, the accused illed a person, can the alternati!e circumstance of low
deree of instruction as a mitiatin circumstance be areciated? =&, because
illing is inherently wrong
NO!" #$%
#upposin, the accused committed the crime of treason, can the alternati!e
circumstance of low deree of instruction as a mitiatin circumstance be
areciated? =&, because lo!e for countr$ is a natural feelin# that re3uires no
de#ree of instruction
#upposin, accused committed crimes against chastity, can the alternati!e
areciated? =&
#upposin, accused committed crimes against chastity, can the alternati!e
areciated? =&
#upposin, accused committed the crime of murder, can the alternati!e
areciated? =&
#upposin, a lawyer committed the crime of estafa, can the alternati!e
circumstance of hih deree of instruction as an ara&atin circumstance be
areciated? /0#
#upposin, a doctor prepared a special poison to ill the victim, can the
alternati!e circumstance of hih deree of instruction as an ara&atin
circumstance be areciated? /0#
$rticle 1D
ARICL! 1; D W5O AR! CRIMINALL$ LIA#L!
5the followin# are criminally liable for grave and less grave offenses5
1. 'rincials
+. Accomlices
F- Accessories
5 the followin# are criminally liable for light felonies5
1. 'rincials +. Accomlices
"ccessories are not liable for light felonies because the social wron# is so
small
Ru)es on )ig't fe)onies
1. unishable onl$ when consummated
+. when committed a#ainst ersons or roert$ and unishable in the attemted or
frustrated
9. onl$ rincials and accomlices are liable
4. accessories are not liable e!en in crimes a#ainst ersons or roert$
&nly natural persons can be active sub+ects of a crime contemlated under
Article 9< of the R'C
NO!" #$%
Reasons%
1. +nder the Re!ised 'enal Code, ersons act with ersonal malice or ne#li#ence7
artificial,4udicial ersons canLt act with malice or ne#li#ence
+. A 4uridical erson li6e a cororation canLt commit a crime that re3uires willful
urose or malicious intent
9. 1here is substitution of deri!ation of libert$ for ecuniar$ enalties in insol!enc$
cases
4. (ther enalties li6e destierro and imrisonment R e8ecuted on indi!iduals onl$
$rticle 17
ARICL! 1- D PRINCIPAL"
5 the followin# are considered rincials:
1. those who ta6e a direct art in the e8ecution of the act
)0y Girect $articipation)
+. those who directl$ force or induce others to commit it )0y Inducement)
9. those who cooerate in the commission of the offense b$ another act without
which it would not ha!e been accomlished
)0y Indispensable Cooperation)
Artic)e 1-*1. D Princi>a)s 1y 0irect Partici>ation *P0P.
5 5e=uisites:
9- the$ articiated in the criminal resolution
=- the$ carried out their lan and ersonall$ too6 art in its e8ecution b$ acts which
directl$ tended to the same end
In multile rae, all the raists are e3uall$ liable, re#ardless of de#ree of
articiation
Without the =
nd
re3uisite, there is only conspiracy R thus there is no criminal
liability
Artic)e 1-*+. D Princi>a)s 1y In8ucement *PI.
$rincipals by Inducement are &=)/ liable when the $rincipal by Girect
$articipation committed the act induced
6wo ways of becomin# rincial b$ induction
1. b$ directl$ forcin# another to commit a crime
NO!" #$%
+. b$ directl$ inducin# another to commit a crime
(y directly forcing another to commit a crime ;no consirac$ in!ol!ed>
1. b$ usin# irresistible force
+. b$ causin# uncontrollable fear
(y directly inducing another to commit a crime
1. b$ i&in price or offerin reward or romise R collecti!e criminal resonsibilit$
+. b$ usin# words of command
Re?uisites for t'e Princi>a) 1y In8ucement
1. that the inducement be made directly with the intention of rocurin# the
commission of the crime
+. that such inducement be the determining cause of the commission of the
crime
In8ucement ma$ be b$ acts of command, ad!ice, or throu#h influence or
a#reement for consideration7 the words of ad!ice or influence must actuall$ mo!e
the hands of the rincial b$ direct articiation
1he inducement must be the determining cause for the commission of the
crime b$ the rincial b$ direct articiation, that is without such inducement the
crime would not ha!e been committed
1he inducement must precede the act and must be so influential
If there is a rice or reward in!ol!ed, w7o prior promise R no inducement
(y using words of command
5 the words must be the mo&in cause of the offense
1. that the one utterin# the words of command must ha&e the intention of
procurin the commission of the crime
+. that the one who made the command must ha&e an ascendancy or influence
o!er the erson who acted
9. that the words used must be so direct, so efficacious, so owerful as to amount
to h$sical or moral coercion
!fficacious it would seem or it was furnished that the material e8ecutor or
principal by direct participation had reason to belie&e or was made to belie&e that
the deceased did somethin wron
4. the words of command must be uttered prior to the commission of the crime7
when the words were uttered after the commencement of the crime R no
inducement
:. the material e(ecutor has no personal reason to commit the crime
0ifference 1et. Princi>a) 1y In8ucement & Offen8er 1y Pro>osa)
NO!" #$%
PRIN. #$ IN0JC!M!N OAA!N0!R #$ PROPO"AL
5 inducement to commit the crime 5 inducement to commit the crime
5 liable onl$ when crime is committed 5 mere roosal to commit is
b$ the rincial b$ direct articiation unishable in treason J rebellion7
erson roosed to shouldnLt
commit the crime
5 inducement in!ol!es an$ crime 5 alies in treason J rebellion onl$
Artic)e 1-*9. I Princi>a) 1y In8is>ensa1)e Coo>eration *PIC.
5 those who cooerate in the commission of the crime b$ another act without which
it would not ha!e been accomlished
Coo>erate means to desire or wish in common a thin#, but that common will or
urose does not necessaril$ mean re!ious understandin# for it can be e8lained
or inferred from the circumstances of each case
Re?uisites%
1. articiation in the criminal resolution, that is, there is either anterior consirac$
or unit$ of criminal urose and intention immediatel$ before the commission of
the crime char#ed
+. cooeration in the commission of the crime b$ erformin# another act, without
which it would not ha!e been accomlished
4irst reAuisite
5 re3uires articiation in the criminal resolution
5 there must be consirac$
5 concurrence is sufficient
5 cooeration indisensable
#econd reAuisite
5 cooeration 8M#. be indisensable
5 if dispensable, accused is only an accomplice
Co))ecti7e Crimina) Res>onsi1i)ity *CCR. when the offenders are criminall$
liable in the same manner and to the same e8tent7 enalt$ is the same for all:
a- $rincipals by Girect $articipation CCR
1. $rincipals by Inducement CCR with 'rincials b$ *irect 'articiation,
e8cet those who directl$ forced another to commit a crime
c. $rincipals by Indispensable Cooperation CCR with 'rincials b$ *irect
'articiation
NO!" #$%
In8i7i8ua) Crimina) Res>onsi1i)ity *ICR. in the absence of re!ious
consirac$, unit$ of criminal urose and intention immediatel$ before the
commission of the crime or communit$ of criminal desi#n, the criminal
resonsibilit$ arisin# from different acts directed a#ainst one and the same erson
is indi!idual and not collecti!e, and each of the articiants is liable onl$ for the
act committed b$ him
$rticle 1F
ARICL! 1< I ACCOMPLIC!"
5 Accomlices are ersons who, not bein# included in Article 9C, cooperate in the
e(ecution of the crime by pre&ious or simultaneous acts
3uasiICo))ecti7e Crimina) Res>onsi1i)ity some of the offenders in the crime
are rincials7 others are accomlices
Partici>ation5ro!ed b$ positi&e Lcompetent e&idence7 canLt be resumed
$ccomplices ha!e 5 no re!ious a#reement
5 no understandin# with the 'rincial b$
5 not in consirac$ *irect 'articiation
0ifference 1etCeen an Accom>)ice an8 a Cons>irator
ACCOMPLIC!" CON"PIRAOR"
5 the$ 6now J a#ree with the 5 the$ 6now J a#ree with the
criminal desi#n criminal desi#n
5 the$ come to 6now about the 5 the$ 6now the criminal intention
criminal desi#n after the consirators because the$ ha!e decided uon
ha!e decided on it the course of action
5 onl$ concurs to the commission of 5 the$ decide to commit the crime
the crime7 the$ do not decide7 the$
NO!" #$%
merel$ assent to it and cooerate
5 mere instruments erformin# acts 5 the$ are the authors of the crime
N(1 essential to the eretration of
the crime
Re?uisites for an accom>)ice%
9- that there be communit$ of desi#n7 that is, 1nowin the criminal desin of the
principal by direct participation, he concurs with the latter in his urose
=- that he cooerates in the e8ecution of the offense by pre&ious and simultaneous
acts with the intention of supplyin the material or moral aid in the e8ecution of
the crime in an efficacious wa$
F- that there be a relation between the acts done b$ the rincial and those
attributed to the erson char#ed as accomlice
Ru)es on Accom>)ices%
1. the one who had the ori#inal criminal desi#n is the erson who committed the
resultin# crime ;there should be a rincial b$ direct articiation>
+. an accomlice cooerates onl$ with pre&ious or simultaneous acts
9. an accomlice does not inflict more or most serious wounds
Mora) ai8 ma$ be throu#h ad!ice, encoura#ement or a#reement
!xam>)es of >re7ious acts
5 lendin# of a weaon, 6nowin# of the urose
5 furnishin# a dru# or sleein# dru#, 6nowin# the urose is for rae
!xam>)es of simu)taneous acts
5 disarmin# the !ictim while the rincial is attac6in#
5 re!entin# the !ictims from recei!in# hel
5 acted as a loo65out, without consirac$
5 sul$in# material or moral aid
5 distractin# the !ictim
$rticle 1C
ARICL! 19 I ACC!""ORI!"
5 Accessories are those who, ha&in 1nowlede of the commission of the crime and
without ha&in participated therein, either as rincials or accomlices, ta1e part
subse=uent to its commission in an$ of the followin# manners:
NO!" #$%
1. by profitin themsel&es or assistin the offender to rofit b$ the effects of the
crime
+. by concealin or destroyin the body of the crime or the effects or instruments
thereof, in order to pre&ent its disco&ery
9. by harborin, concealin or assistin in the escape of the rincial of the crime,
ro!ided the accessor$ acts with of his ublic functions or whene!er the author of
the crime is #uilt$ of treason, arricide, murder, or an attemt to ta6e the life of
the Chief )8ecuti!e or is 6nown to be habituall$ #uilt$ of some other crime
"ccessories do not articiate7 the$ do not cooerate
"ccessories must ha!e 6nowled#e of the commission of the crime, then ta6es art
subse3uent to the commission, e#- fencin#
Nnowlede ma$ be ac3uired after the ac3uisition of stolen roert$
)8amles of by profitin themsel&es by the effects of the crime
5 recei!ed stolen roert$ and used it
5 shared in the reward for murder
)8amles of assistin the offender by the effects of the crime
5 sells the stolen roert$ for the offenderLs benefit
5 runners or couriers for ic6in#5u or #ettin# the ransom mone$
)8amles of by concealin or destroyin the body of the crime )or the corpus
delicti)
5 assisted in the burial to re!ent disco!er$
5 concealin# or hidin# weaons used in the commission of the crime
5 furnishes the means to sta#e the crime scene
Re?uisites for Artic)e 19*9.%
a. - accessory is a public officer 1. B accessory is a pri&ate person
5 harbors, conceals, assists in the 5 harbors, conceals, assists in the
escae 5 escae
NO!" #$%
5 acts with abuse of his ublic 5 crime of rincial is treason,
functions arricide, murder, attemt
5 crime of rincial is an$ crime a#ainst the life of the 'resident,
not a li#ht felon$ a 6nown habitual criminal
If the rincial is ac3uitted b$ e8emtion, accessor$ ma$ still be con!icted
"pprehension and con&iction of the rincial is not necessary for the accessor$
to be held criminall$ liable
If the rincial is at5lar#e or not $et arehended, the accessor$ ma$ be
rosecuted and con!icted
AntiIAencing LaC of 19-9 *Presi8entia) 0ecree No.1;1+.
Aencing is the act of an$ erson who, with intent to #ain for himself or for
another, shall bu$, recei!e, ossess, 6ee, ac3uire, conceal, sell or disose of, or
shall bu$ and sell, or in an$ other manner deal in an$ article, item, ob4ect or
an$thin# of !alue which he 6nows, or should be 6nown to him, to ha!e been
deri!ed from the roceeds of the crime of robber$ or theft
Aence includes an$ erson, firm, association, cororation or artnershi or other
or#aniDation who,which commits the act of fencin#
$rticle 20
ARICL! +, D ACC!""ORI!" !2!MP AROM CRIMINAL LIA#ILI$
5 those who are e8emt are the followin#:
a. souses c. descendants e. relati!es b$ affinit$ w,in same de#rees
1. ascendants 8. le#itimate, natural, adoted siblin#s
5 e8cet those that fall under Article 9?;9>
Froun8 for exem>tion ties of blood7 reser!ation of the cleanliness of oneLs
name
Nehew or niece not included
Accessories not e3empt if the$: 5 rofited b$ the effects of the crime
5 assisted the offender to rofit
P!NALI!"
Pena)ty the sufferin# that is inflicted b$ the "tate for the trans#ression of a law
NO!" #$%
CRIMINAL LAW Page 1+, of 149
0ifferent Euri8ica) con8itions of >ena)ty
5 roducti!e of sufferin# 5 certain
5 commensurate with the offense 5 e3ual for all
5 ersonal 5 correctional
5 le#al
Pur>ose of >unis'ment% .o secure justice
'eories Eustifying >ena)ty
1. $re&ention re!ent or suress the dan#er to the "tate
+. #elfBdefense ri#ht to unish7 rotect societ$ from the threat or wron#
9. 5eformation correct and reform the offender
4. !(emplarity unishment for deterrence
:. Oustice unishment as an act of retributi!e 4ustice
#ocial defense L e(emplarity: 4ustifies the imosition of the death enalt$
'e >ena)ties un8er t'e RPC 'a7e a 9Ifo)8 >ur>ose
1. 5etribution or e(piation enalt$ commensurate with the #ra!it$ of the crime
+. Correction or reformation shown b$ rules that re#ulate e8ecution of enalties
consistin# in deri!ation of libert$
9. #ocial defense shown b$ its infle8ible se!erit$ to recidi!ists and habitual
delin3uents
$rticle 21?2C
ARICL! +1 D P!NALI!" 5A MA$ #! IMPO"!0
5 No felon$ shall be unishable b$ an$ enalt$ not rescribed b$ law rior to its
commission
ARICL! ++ D R!ROACI(! !AA!C OA P!NAL LAW"
5 'enal laws shall be retroacti!e in so far as the$ fa!or the erson #uilt$ of a felon$
and is not a habitual criminal
Fenera) Ru)e rosecti!e effect
NO!" #$%
CRIMINAL LAW Page 1+1 of 149
!xce>tion fa!orable to the accused
Reason for t'e exce>tion former laws reealed or amended are un4ust
Article == does not al$ to the ro!isions of the Re!ised 'enal Code7 but alies
to ;9> enal laws enacted before the R'C, and ;=> enal laws enacted subse3uent
to the R'C, which are more fa!orable to the accused
Crimina) Lia1i)ity of re>ea)e8 )aCs sti)) su1sist C'en%
1. there is a reenactment of the law
+. when the reeal is b$ imlication
9. when there is a sa!in# clause
ARICL! +9 D PAR0ON #$ 5! OAA!N0!0 PAR$
5 does not e8tin#uish criminal action e8cet in Article F@@ of the R'C7 but an
e8ress wai!er can e8tin#uish the ci!il liabilit$ for the in4ured art$
A ardon b$ the offended art$ does not e8tin#uish criminal action, because a
crime committed is a felon$ or offense committed a#ainst the "tate, e#- estafa 5
e!en the offender a$s dama#es to the in4ured art$, the offender can still be
rosecuted
Comromise does not e8tin#uish criminal liabilit$
+nder $rticle %'', in the crimes of seduction, abduction, rae or acts of
lasci!iousness, there shall be no criminal rosecution if the offender is e3pressly
pardoned b$ the arents or #randarents or #uardian of the offended art$- In
the crime of adulter$ or concubina#e, both offenders ;the offendin# souse and
aramour> must be ardoned b$ the offended art$
'ardon under Article F@@ must be made before the institution of criminal
rosecution, unless after the institution of the criminal action, the offender and the
offended decide to #et married7 1his ardon is onl$ a bar to criminal rosecution
ARICL! +4 D M!A"JR!" OA PR!(!NION AN0 "AA!$ 5A AR! NO CON"I0!R!0 A"
P!NALI!"
1. Arrest and 1emorar$ *etention :. *eri!ation of Ri#hts with
+. Commitment of a Minor Rearations
9. "usension from )mlo$ment
4. Eines J (ther Correcti!e Measures, administrati!e or discilinar$ in nature
ARICL! +: D CLA""IAICAION OA P!NALI!"
Princi>a) Pena)ties
Capital punishment Liht penalties
*eath Arresto Menor
Eines
NO!" #$%
CRIMINAL LAW Page 1++ of 149
"fflicti&e penalties 'ublic Censure
Reclusion 'eretua
Reclusion 1emoral
'eretual or 1emorar$ absolute dis3ualification $enalties common to the
'eretual or 1emorar$ secial dis3ualification three precedin classes
'rision Ma$or Eine
0ond to 6ee the eace
Correctional penalties
'rision Correccional
Arresto Ma$or
"usension
*estierro
Accessory Pena)ties
5 'eretual or 1emorar$ absolute dis3ualification
5 'eretual or 1emorar$ secial dis3ualification
5 "usension from ublic office, the ri#ht to !ote and be !oted for, the rofession or
callin#
5 Ci!il interdiction
5 Indemnification
5 Eorfeiture of confiscation of instruments and roceeds of the offense
5 'a$ment of cost
C)assification of >ena)ties accor8ing to su1Eect matter
1. Cororal )death)
+. *eri!ation of freedom )reclusion, prision, arresto)
9. Restriction of freedom )destierro)
4. *eri!ation of ri#hts )dis=ualification and suspension)
NO!" #$%
:. 'ecuniar$ )fine)
ARICL! +; D AIN!" *AAALICI(!= CORR!CIONAL= LIF5.
Eines and 0ond to 6ee the 'eace are:
1. "fflicti&e o!er '<,:::-::
+. Correctional '=::-:: '<,:::-::
9. Liht $enalty less than '=::-::
ARICL! +- D 0JRAION OA P!NALI!"
1. 5eclusion perpetua =: $rs- and 9 da$ to @: $rs-
+. 5eclusion temporal 9= $rs- and 9 da$ to =: $rs
9. $rision mayor < $rs- and 9 da$ to 9= $rs-
4. $rision correctional, suspension, destierro < months and 9 da$ to < $rs-
:. "rresto mayor 9 month and 9 da$ to < months
;. "rresto menor 9 da$ to F: da$s
-. 0ond to 1eep the peace the eriod durin# which the bond shall be effecti!e is
discretionar$ on the court
ARICL! +< D COMPJAION OA P!NALI!"
)readin matter)
ARICL! +9 D PR!(!NI(! IMPRI"ONM!N
Pre7enti7e im>risonment an accused under#oes this when the crime char#ed
is nonBbailable, or e!en if bailable, he cannot furnish the re=uired bail
1he fullBtime or fourBfifths of the time durin# which offenders ha!e under#one
re!enti!e imrisonment shall be deducted from the enalt$ imosed
$rticle %0?%E
ARICL!" 9,I9: D !AA!C" OA P!NALI!"
)readin matter)
Ci7i) inter8iction shall deri!e the offender durin# the time of his sentence of
the ri#hts arental authorit$, or #uardianshi, either as to the erson or roert$
of an$ ward, of marital authorit$, of the ri#ht to mana#e his roert$, and of the
ri#ht to disose of such roert$ b$ an$ act or an$ con!e$ance
NO!" #$%
$rticle %D
ARICL! 9; D PAR0ONN I" !AA!C"
5 shall not restore the ri#ht to hold office and the ri#ht of suffra#e, unless e8ressl$
restored b$ the terms of the ardon
5 shall not e8emt the culrit from ci!il liabilit$
0ifference 1et. Par8on 1y t'e Presi8ent & Par8on 1y t'e Offen8e8
PAR0ON #$ PR!"I0!N PAR0ON #$ OAA!N0!0
5 e8tin#uishes criminal liabilit$ 5 does not e8tin#uish criminal
liabilit$, e8cet in Article F@@
5 cannot include e8tinction of ci!il 5 offended art$ can wai!e ri#ht
liabilit$ to claim ci!il liabilit$
5 should be #i!en only after con!iction5 should be #i!en before the
institution of the criminal action
5 ma$ be e8tended to an$ of the 5 must be e8tended to both offenders
offenders
$rticle %7
ARICL! 9- D CO""
1. Eees
+. Indemnities, in the course of 4udicial roceedin#s
$rticle %F
ARICL! 9< D P!CJNIAR$ LIA#ILII!"N OR0!R OA PA$M!N
1. 1he rearation of the dama#e caused
+. Indemnification of the conse3uential dama#es
9. Eine
4. Costs of roceedin#s
.he order of payment is as stated
NO!" #$%
CRIMINAL LAW Page 1+: of 149
$rticle %C
ARICL! 99 D "J#"I0IAR$ P!NAL$
"u1si8iary Pena)ty a subsidiar$ ersonal enalt$ to be suffered b$ the con!ict
who has no property with which to meet the fine, at the rate of one da$ for each
ei#ht ;'B> esos, sub4ect to the rules ro!ided for in Article F?
"ubsidiar$ enalties should be e3pressly specified in the conviction because
without it, the accused cannot be comelled to coml$ with it
$rticle '0?''
ARICL!" 4,I44 D ACC!""OR$ P!NALI!" OA ARR!"O
)readin matter)
5 Accessor$ enalties do not ha!e to be secified e8ressl$ in the 4ud#ment of
con!iction
5 usuall$, the secific accessor$ enalties are not secified, the$ are said #enerall$
$rticle 'E?'7
ARICL! 4: D CONAI"CAION AN0 AORA!IJR!
5 the roceeds of the crime must first be submitted to the 4urisdiction of the courts,
and also the tools used7 if not submitted, the courts cannot ad4udicate on the
roceeds and tools whether the$ would be disosed in fa!or of the state
ARICL! 4; D P!NAL$ O #! IMPO"!0 JPON PRINCIPAL" IN F!N!RAL
5 the penalty prescribed by law for the commission of a felon$ shall be imposed
upon the principals
5 the law prescribes a enalt$ for a felon$ in eneral terms, it shall be understood as
applicable to the consummated felony
'enalt$ in eneral terms shall be imosed:
1. uon the rincials
+. for the consummated felon$
!xce>tion when the law fi8es a enalt$ for frustrated or attemted felon$
ARICL! 4- D W5!N 0!A5 P!NAL$ NO O #! IMPO"!0
1. minors under 9B at the commission of the crime ;reealed b$ RA ?F@@>
+. ersons o!er C: $ears old
NO!" #$%
CRIMINAL LAW Page 1+; of 149
1he *eath 'enalt$ should be imosed on cases where the law secifies it
1he *eath 'enalt$ as of now is deemed to be irrele!ant
$rticle 'F
ARICL! 4< D COMPL!2 CRIM!"
1. When a sin#le act constitutes two or more #ra!e or less #ra!e felonies
)compound crimes)
+. When an offense is a necessar$ means for committin# the other
)comple( crime proper)
1here must be at least two crimes
Comle8 crime R (NL. one crime
Comple( crimes are more fa&orable to the accused because instead of bein#
con!icted of two searate counts of the same crime, it is considered as onl$ one
Com>oun8 Crime
5 5e=uisites:
1. that onl$ a single act is performed b$ the offender
+. that the sin#le act roduces ;i> = or more #ra!e felonies, ;ii> one or more #ra!e J
one or more less #ra!e felonies, ;iii> = or more less #ra!e felonies
1he sin#le act should roduce a #ra!e felon$ or a less #ra!e felon$ or a
combination of both
Li#ht felonies roduced b$ the same sin#le act should be treated and unished as
searate offenses or ma$ be absorbed b$ the #ra!e felon$
#upposin, $ou shot your neighbor then the bullet hit two children7 the
result was $our nei#hbor died, two children sli#htl$ in4ured, the result was 1
grave and 2 light felonies, is the crime comle8 or searate? #eparate,
because the sin#le act should roduce a #ra!e or less #ra!e felon$ onl$
#upposin, a sin#le criminal act roduced 1 grave felony and 10 light
felonies, is the crime comle8 or searate? #eparate
#upposin, a sin#le criminal act roduced 1 less grave felony and several
light felonies, is the crime comle8 or searate? #eparate
#upposin, a sin#le criminal act roduced a crime punishable by the RPC and
a crime punishable by special law, is the crime comle8 or searate?
#eparate, considered as searate !iolations
NO!" #$%
CRIMINAL LAW Page 1+- of 149
"uosin#, 'rof- Amurao throws a #renade in class, K students died, is the crime
comle8 or searate? Comple3
"uosin#, using the same facts above, in addition % light felonies were
roduced, is the crime comle8 or searate? #eparate
"uosin#, Prof! $murao switched the machine gun to automatic and shot
at the students with one single act of pressing the trigger, roducin#
se!eral in4uries, is the crime comle8 or searate? #eparate, because the what is
considered is the no- of bullets dischar#ed )$eople &2 Gesierto)
"uosin#, Prof! $murao switched the machine gun to not automatic and
fired one bullet aimed at someone but hit % others roducin# serious
h$sical in4uries, is the crime comle8 or searate? Comple3
#upposin, the act of firing a machine gun produces the crimes of
attempted murder and physical in+uries, is the crime comle8 or searate?
#eparate, as held b$ the Court of Aeals
#upposin, two shots were fired directed against two different persons, is
the crime comle8 or searate? #eparate
#upposin, in a notorious village, a commander ordered all his soldiers to
shoot at the residents, is the crime comle8 or searate? Comple3, the "C
held in $eople &2 Lawas that it was a comle8 crime because there was a single
offense since there was a single criminal impulse7intent7purpose
#upposin, a person stole the fighting cocs of his neighbor alternately
with three separate, independent acts, is the crime comle8 or searate?
Comple3, as held b$ the "C in 'eole !- *e Leon, the criminal act was done
on the same occasion and the offender was motivated by one criminal
impulse
#upposin, a libelous article was published defaming E congressmen
specifically identified by their names, is the crime comle8 or searate?
#eparate, because there are as man$ crimes of libel as there are ersons libeled,
ro!ided that the ersons are e8ressl$ secified7 because each of the K
con#ressmen ma$ file for libel
#upposin, using the same facts above e3cept that the congressmen were
not identified, is the crime comle8 or searate? Comple3
#upposin, in a local publication, news writers wrote that the :errera
doctors are inefficient, is the crime comle8 or searate? Comple3, because
the identification was in #eneral terms, not secificall$ identified
Com>)ex Crime Pro>er
5 5e=uisites:
9- that at least two offenses are committed
=- that one or some of the offenses must be necessary to commit the other
F- that both or all the offenses must be punished under the same statute
Necessar$ means not eAuivalent to indisensable means
NO!" #$%
CRIMINAL LAW Page 1+< of 149
#upposin, the accused idnapped a girl with intent to ill, brought the
victim somewhere then illed her, is the crime comle8? =&, the crime is
onl$ murder, because the 6idnain# was onl$ a means to commit the crime of
murder
#upposin, law students made a falsified solicitation letter and collected
money, is the crime comle8? /0#, the falsification of the ri!ate document was
necessar$ for the crime of estafa
#upposin, a public official committed malversation through falsification
of public documents, is the crime comle8? /0#, because the falsification was
necessar$ to commit mal!ersation
#upposin, the accused illed his victim in a building, then committed
arson to conceal the murder, is the crime comle8? =&
In the crimes of estafa and falsification, $ou loo6 at the crime first committed if
it was necessar$ for the commission of the other7 the common element in estafa
and falsification is the intent to cause dama#e
#upposin, a city treasurer malversed PEmillion pesos out of ta3es then
falsified documents to conceal the malversation, is the crime comle8? =&,
the crimes are searate
#upposin, in the crime of rebellion, an =P$ commander burned villages
and illed the villagers in furtherance of his acts of rebellion, is the crime
comle8? =&, because the acts he committed were absorbed in the crime
of rebellion
#upposin, in the crime of rebellion, the =P$ commander illed someone
for personal reasons, is the crime comle8? N(, the crimes are separate
In the crimes of treason or rebellion, when common crimes are committed, *1.
in furtherance of or is related to treason or rebellion, the crimes are absorbed,
but *+. for ersonal reasons or for a ri!ate urose, the crimes are separate
1here is no comple3 crime of rebellion with common crimes
">ecia) Com>)ex Crimes
5 Rae with %omicide 5 Robber$ with "erious 'h$sical In4uries
5 Robber$ with %omicide 5 Pidnain# with Murder or %omicide
03press provisions in the Re!ised 'enal Code that cannot be comple3
5 Article 9=?: search warrant obtained maliciousl$
5 Article =FK: maltreatment of risoners
5 *irect 0riber$ R cannot be comle8ed
NO!" #$%
Artic)e 4< is intended to favor the culprit or accused
1he penalty for comple3 crimes is the penalty for the most serious crime,
the same to be alied in its ma8imum eriod
1wo felonies in a comle8 crime unishable b$ imrisonment and fine R onl$ the
imrisonment is imosed
$rticle 'C
ARICL! 49 D P!NAL$ AOR PRINCIPAL" OA CRIM! COMMI!0 WA" 0IAA!R!N AROM
W5A WA" IN!N0!0
alicable onl$ to mistae in identity
"te>s
1. identif$ lesser enalt$
+. whiche!er enalt$ is rescribed b$ law,
9. the lesser penalty is always applied or imposed
$rticle E0?E7
ARICL!" :,I:- D 0!FR!!" O W5IC5 P!NALI!" "5OJL0 #! LOW!R!0 )readin
matter)
$articipants; liability lowered by derees
consumma
ted
frustrate
d
attemte
d
'rincials : 9 =
Accomlice
s
9 = F
Accessorie
s
= F @
Artic)e :, 'rincials in a frustrated felon$
Artic)e :1 'rincials in an attemted felon$
Artic)e :+ Accomlices in a consummated felon$
Artic)e :9 Accessories in a consummated felon$
Artic)e :4 Accomlices in a frustrated felon$
Artic)e :: Accessories in a frustrated felon$
Artic)e :; Accomlices in an attemted felon$
Artic)e :- Accessories in an attemted felon$
NO!" #$%
#asis for t'e 8etermination
5 under the R'C, enalties can be reduced by derees
1. sta#e reached b$ the crime in its de!eloment ;consummated, frustrated,
attemted>
+. articiation of ersons liable ;rincials, accomlices, accessories>
9. ri!ile#ed miti#atin# circumstances
All enalties for each crime in the R'C R #enerall$, shall alwa$s be imosed unless
the law itself e8ressl$ ro!ides, e8cet Article <:
0egree one whole enalt$7 one entire enalt$ or one unit of enalties
enumerated in the #raduated scales
Perio8 one of the F e3ual ortions ;minimum, medium, ma8imum>
$rticle EF?D0
ARICL! :< D A00IIONAL P!NAL$ JPON ACC!""ORI!" OA AR.19*9.
5 Absolute eretual dis3ualification if #uilt$ of a #ra!e felon$
5 Absolute temorar$ dis3ualification if #uilt$ of a less #ra!e felon$
"rticle 1F)3) ublic officers who hel the author of the crime b$ misusin# their
office and duties shall suffer the additional enalties
ARICL! :9 D P!NAL$ AOR IMPO""I#L! CRIM!"
5 "rresto mayor, with fine of '=::5'K::
#asis for im>osition%
5 social dan#er
5 de#ree of criminalit$
ARICL! ;, D !2C!PION" O ARICL! :,I:-
5 shall not be alicable to cases in which the law rescribes a enalt$ for frustrated
and attemted sta#es or to be imosed on accomlices or accessories
$rticle D1
NO!" #$%
ARICL! ;1 D RJL!" AOR FRA0JAINF P!NALI!"
0i7isi1)e Pena)ties di!ided into three, so effects of ordinar$ miti#atin#
circumstances and #eneric a##ra!atin# circumstances can be alied
In8i7isi1)e Pena)ties e#- reclusion eretua, ublic censure, fine
Airst Ru)e an8 "econ8 Ru)e
'enalt$ onl$ consists of a de#ree
1he enalt$ ne8t lower b$ one de#ree R enalt$ immediatel$ followin# the enalt$
rescribed b$ the law
5 sin#le and indi!isible R Reclusion eretua
5 enalt$ ne8t lower in de#ree R Reclusion temoral
#upposin, accused shot the victim Aualified by treachery, but the victim
survived, thus accused was convicted of frustrated murder, the enalt$ for
murder is reclusion eretua, but since it was frustrated, the enalt$ ne8t lower in
de#ree alies, which is reclusion temporal
Aourt' an8 Aift' Ru)e
'enalt$ rescribed b$ law is 9, =, or F, se!eral eriods
5 If one eriod lower, #o down one eriod in the #raduated scale
5 If two eriods lower, #o down two eriods in the #raduated scale
5 If three eriods lower, #o down three eriods in the #raduated scale
!(ample+ $rision 8ayor
5 #upposin the enalt$ rescribed b$ law is prision mayor medium period: is in
itself a de#ree7 R'C all di!isible enalties are di!ided into F eriods7 rision
ma$or medium can be di!ided into ma8imum, medium, minimum
5 Prision mayor *; years an8 1 8ay to 1+ years.
9= < R < , F R =
= R common multile ;add = to the eriods startin# from the minimum>
Minimum < $ears and 9 da$ to ;<V=> B $ears
Medium B $ears and 9 da$ to ;BV=> 9: $ears $rision mayor
Ma8imum 9: $ears and 9 da$ ;9:V=> 9= $ears medium
I Prision mayor me8ium *< years an8 1 8ay to 1, years.
9: B R = $ears , F R B months
NO!" #$%
B months R common multile ;add B months>
Minimum B$rs- J 9 da$ to B$rs- J B months
Medium B$rs- J B months to ?$rs- J @ months
Ma8imum ?$rs- J @ $ears to 9: $ears
With the F eriods of prision mayor medium now determined, the miti#atin# and
a##ra!atin# circumstances attendant can now be alied
'ir8 Ru)e
5 when three enalties are imosed in one ;e#- Reclusion temoral *eath>
5 since *eath is not imosed, three eriods lowered immediatel$ followin#
$rticle D2
ARICL! ;+ I !AA!C" OA 5! A!N0ANC! OA MIIFAINF AN0 AFFRA(AINF
CIRCJM"ANC!" AN0 5A#IJAL 0!LIN3J!NC$
Airst ru)e : A##ra!atin# circumstances:
1. should not themsel&es constitute a crime, e#- b$ means of fire R arson7 b$
means derailment of a locomoti!e R destruction of roert$
I Is unlawful entry a crime in itself? /0#
+. should not be included in definin the crime, e#- b$ means of oison in the crime
of murder
9. 1he ma8imum eriod shall be imosed re#ardless of miti#atin# circumstances if
the offender is a ublic officer who too6 ad!anta#e b$ ublic osition
4. 1he ma8imum eriod shall be imosed for members of an or#aniDed or
s$ndicated crime #rou
(r#aniDed or "$ndicated Crime /rou #rou of two or more ersons
collaboratin#, confederatin# or mutuall$ helin# one another for uroses of #ain
in the commission of an$ crime
"econ8 ru)e
5 "ra&atin circumstances are not applicable if inherent in the crime, e#- e!ident
remeditation in robber$ or theft7 ad!anta#e ta6en b$ ublic osition in
mal!ersation7 se8 in crimes a#ainst chastit$7 brea6in# wall in malicious mischief
NO!" #$%
'ir8 ru)e% A##ra!atin# or Miti#atin# Circumstances arisin# from:
1. 8oral attributes
#upposin, the victim gave sufficient provocation, which irritated the
accused who called his brother for assistance, then they both illed the
victim, can the miti#atin# circumstance of sufficient ro!ocation be areciated
for both of them? =&, onl$ to the one who was the tar#et of the ro!ocation ;the
accused> and not his brother
+. $ri&ate relations
#upposin, your neighbor slapped your mom, then you ased your friend
to accompany you to ill your neighbor, can the a##ra!atin# circumstance of
immediate !indication of a relati!e for a #ra!e offense be areciated for the both
$ou? =&, onl$ to $ou because it was $our mom who was offended first and not
$our friend
9. $ersonal cause
#upposin, you and your friend entered your neighbor@s house, not
nowing that your friend is afflicted with leptomania, can the miti#atin#
circumstance of illness be areciated for the both of $ou? =&, illness can be
areciated onl$ to $our friend
Aourt' ru)e% A##ra!atin# or miti#atin# circumstances al$ in the:
5 material e3ecution of the act and in the means employed to accomplish it7
onl$ to those who had 6nowled#e at the time of the e8ecution
1. 8aterial e(ecution
#upposin, Prof! $murao ased his student to simply ill his classmate,
but the student applied cruelty when he illed his classmate, can the
a##ra!atin# circumstance of cruelt$ be areciated with 'rof- Amurao? =&,
because he had no 6nowled#e of the material e8ecution used-
#upposin, using the same facts above, but Prof! $murao told his student
to ill his classmate Iat all costs@, can the a##ra!atin# circumstance of cruelt$
be areciated with 'rof- Amurao? /0#
+. 8eans employed to accomplish
5 'rincial b$ direct articiation uses oison to commit murder without the
6nowled#e of the 'rincial b$ inducement
NO!" #$%
5a1itua) 0e)in?uency
5a1itua) 0e)in?uent a erson who, within a eriod of 9: $ears from the date of
release or last con!iction of the crimes of serious or less serious h$sical in4uries,
robber$, theft, estafa, or falsification, found #uilt$ for a F
rd
time or oftener- A
habitual delin3uent shall suffer an additional enalt$
0ifference 1etCeen 5a1itua) 0e)in?uentKReci8i7istKReiteracion
5a1itua) 0e)in?uent Reci8i7ism Reiteracion
Crimes 5 secified crimes 5 = crimes embraced in 5 = crimes not
the same title of the R'C embraced in the same
title of the R'C
Perio8 5 within 9: $ears 5 time bet- = offenses5 has ser!ed sentence
is immaterial for the 9
st
offense
No. of
Crimes 5 F
rd
time or oftener 5 =
nd
time is sufficient 5 =
nd
time is sufficient
!ffects 5 additional enalt$ 5 a #eneric a##ra!atin# 5 not alwa$s an
is imosed circumstance7 can be a##ra!atin#
offset b$ an ordinar$ circumstance
miti#atin# circumstance
0ifference 1et. 5a1itua) 0e)in?uency & "u1si8iary Im>risonment
5a1itua) 0e)in?uent "u1si8iary Im>risonment
5 needs to be alle#ed in the 5 does not need to be alle#ed
information
5 should be alle#ed in the 5 comes onl$ after the sentence of
be#innin# con!iction
5 imoses an additional enalt$ 5 imosed onl$ when unable to a$ fine
5 cannot be considered with a 5 #eneral alle#ation will suffice
NO!" #$%
#eneral alle#ation, must be
secificall$ alle#ed
Re?uisites for a 5a1itua) 0e)in?uent%
1. offender has been con!icted of serious or less serious h$sical in4uries, robber$,
theft, estafa, or falsification
+. after con!iction or after ser!in# sentence a#ain committed within 9: $ears from
his release or date of first con!iction, he was con!icted of an$ of said crimes for
the =
nd
time
9. after con!iction or after ser!in# sentence for the =
nd
offense a#ain commits and
within 9: $ears of con!iction or release for the =
nd
offense, commits a F
rd
time or
oftener
A88itiona) Pena)ties
1. ,or the 3
rd
time R the enalt$ for the last crime V 'rision correctional medium to
ma8imum
+. ,or the 4
th
time R the enalt$ for the last crime V 'rision ma$or minimum to
medium
9. ,or the 5
th
time or more R the enalt$ for the last crime V 'rision ma$or
ma8imum to Reclusion temoral minimum
1otal of last enalt$ and additional enalt$ R should not e3ceed %0 yrs!
If the court overlooed the imposition of an additional penalty for habitual
delin3uenc$ R the offender cannot be compelled to suffer the additional
penalty
In the commission of se!eral crimes occurrin# on or about the same date shall be
considered onl$ as one for uroses of habitual delin3uenc$
In the con!iction for those crimes occurrin# on or about the same date shall also
be considered as one
$rticle D%
ARICL! ;9 D RJL!" ON IN0I(I"I#L! P!NALI!"
1. ,or sinle indi&isible penalties ;reclusion eretua> shall be alied re#ardless
of miti#atin# or a##ra!atin# circumstances, e#- the crime of rae with homicide,
with the miti#atin# circumstances of !oluntar$ surrender, !oluntar$ confession of
NO!" #$%
#uilt, and illness, the enalt$ shall still be reclusion eretua because
circumstances are disre#arded
+. ,or two indi&isible penalties ;sub5ara#rahs 95@ are inalicable, because there
is no death enalt$, therefore thereLs onl$ one indi!isible enalt$>
!xce>tion to 8isregar8ing circumstances% if it is a privileged mitigating
circumstance ,$rticles DF H DC-, or if the accused is a minor who acted with
discernment R can be entitled to a enalt$ ne8t lower in de#ree
$rticle D'
ARICL! ;4 D RJL!" AOR P!NALI!" WI5 9 P!RIO0"
5 In accordance w, Articles C<5CC whether there are attendin# circumstances
Airst ru)e
5 if neither a mitigating or aggravating circumstance is resent R medium
period is imosed
"econ8 ru)e
5 if there is a mitigating circumstance R minimum period is imosed
'ir8 ru)e
5 if there is an aggravating circumstance R ma3imum period is imosed
Aourt' ru)e
5 if there is both a mitigating and aggravating circumstance R courts shall
offset the circumstances accordin# to relati!e wei#ht
Aift' ru)e
5 if there are = or more miti#atin# circumstances and absolutel$ no a##ra!atin#
circumstances R the enalt$ ne8t lower in de#ree is imosed
"ixt' ru)e
5 whate!er the number or nature of a##ra!atin# circumstances R courts cannot
imose a #reater enalt$ than rescribed b$ law in ma8imum
"e7ent' ru)e
5 Courts can determine e8tent of enalt$ within the limits of each eriod
Mitigating circumstance must be ordinary R not privileged
Aggra7ating circumstance must be generic R not Aualified or inherent
NO!" #$%
$rticle DE?D7
ARICL! ;: D RJL!" AOR P!NALI!" NO IN 5R!! P!RIO0"
)readin matter)
ARICL! ;; D IMPO"IION OA AIN!"
)readin matter)
5 O of t'e maximum fine is either added ;for a##ra!atin# circumstances> or
deducted ;for miti#atin# circumstances> from the ma8imum fine
5 courts must consider+
1. miti#atin# or a##ra!atin# circumstances
+. wealth or means of the culrit
ARICL! ;- D P!NAL$ AOR INCOMPL!! !2!MPINF CIRCJM"ANC! OA ACCI0!N
5 Arresto ma$or ma8imum to rision correccional minimum ,grave felonies-
5 Arresto ma$or minimum to Arresto ma$or medium ,for less grave felonies-
)ight felonies throu#h ne#li#ence R no penalty
$rticle DF
ARICL! ;< D P!NAL$ AOR MINOR" JN0!R 1<
)repealed by 5" F344)
Minor under 9B who acted with discernment R enalt$ two de#rees lower
$rticle DC
ARICL! ;9 D P!NAL$ AOR INCOMPL!! &J"IA$INF OR !2!MPINF CIRCJM"ANC!"
5 lowered b$ 9 or = de#rees
*a+ority of such conditions must be resent
In self5defense, defense of a relati!e, defense of a stran#er
5 "nlawful $ggression is indispensable
NO!" #$%
$rticle 70
ARICL! -, D "JCC!""I(! "!R(IC! OA "!N!NC!
"imu)taneous "er7ice if the nature of the enalties will so ermit, i-e-
Reclusion temoral and 'eretual Absolute *is3ualification ;refer to Re$es boo6
for a comlete list of enalties that ca be ser!ed simultaneousl$>
"uccessi7e "er7ice if cannot be ser!ed simultaneousl$ ;such as two 4ail
sentences> shall follow the scale ro!ided b$ $rticle 70 based in the order
according to severity
9Ifo)8 ru)e the ma8imum duration of the con!ictLs sentence shall not be more
than %?fold the len#th of the time corresondin# to the most severe of the
enalties imosed
onl$ alies when the con!ict has to ser!e at least ' sentences
In no case shall the sum total of enalties e8ceed @: $ears
In the scale, $rresto menor comes before destierro because comlete
deri!ation of libert$ or imrisonment in arresto menor is more se!ere than
destierro
#upposin, you are a +udge, can you impose the sentence of E00 counts of
malversation, which is each punishable by 1E yrs! of imprisonment,
without violating $rticle 702 /0#, because the F5fold rule does not refer to the
imosition of sentence but refers to the ser!ice to the enalt$7 the courts can
sentence no matter what and no matter how much
1he F5fold rule is the concern of the ;irector of Prisons, =&6 of the courts
If the sum total of all the enalties does not e3ceed the most severe
multiplied by %, the %?fold rule does not apply
*uration of con!ictsL sentence refers to se!eral enalties for different offenses
not yet served out R has to ser!e continuous imrisonment
$rticle 71?77
ARICL! -1 D FRA0JA!0 "CAL!"
'enalties are classified between ersonal enalties ;imrisonment> and olitical
ri#hts ;susension, fine, etc>
Arresto ma$or is followed b$ destierro
ARICL!" -+I-- )readin matter)
Article CF Accessor$ enalties are deemed imosed
"ubsidiar$ imrisonment is N(1 an accessor$ enalt$
IN0!!RMINA! "!N!NC! LAW *AC 41,9 AM!N0!0 #$ AC 4++:.
NO!" #$%
5 mandatory in nature7 whether the courts li6e it or not, the$ ha!e to al$ the
same e8cet for those mentioned in #ec! 2 who are disAualified
Pur>oseKO1Eecti7es of t'e I"LAW
1. to ulift and redeem !aluable human materials
+. romote economic usefulness
9. re!ent unnecessar$ and e8cessi!e deri!ation of libert$
1he I"LAW was enacted to benefit the accused b$ allowin# the con!ict not to
ser!e the full sentence
1hese ob4ecti!es are attained with the alication of the I"LAW
Court fi3es a 8a(imum term and a 8inimum term
After ser!in# the *inimum term, the con!ict shall be entitled to parole uon
e!aluation of the 0oard of 'ardons and 'arole
'e Irelease@ s'a)) 1e e7a)uate8 1y t'e Court C'et'er t'e con7ict is%
5 fitted b$ trainin# for release
5 reasonable robabilit$ not to commit another crime or !iolate the law
5 comatible with the welfare of societ$
)ta1e note of this4 this was i&en by $rof2 "murao)
$s applied in special penal laws
5 the Maximum term should not be more than what is rescribed
5 the Minimum term should not be less than what is rescribed
!(ample+ 5 yrs and 1 day to 15 yrs
5 the Minimum ma$ be an$where from K $rs to 9@ $rs, but not less than K $rs
5 the Maximum ma$ be an$where from < 5 9K $rs- but not more than 9K$rs-
$s applied in the Revised Penal Code
5 the Maximum term should be imosed under the rules of the R'C7 penalty
prescribed by law after al$in# the le#al effects of miti#atin# or a##ra!atin#
circumstances7 only the ma3imum is affected b$ the attendin# circumstances
I the Minimum term should be within the ran#e of the enalt$ ne8t lower to that
rescribed b$ the R'C7 the penalty prescribed by law, lower it immediately
by one degree, i#nore all the miti#atin# or a##ra!atin# circumstances
!(ample:
#upposin, accidentall$ $ou met $our nei#hbor alon# the road, he challen#ed $ou
to a fi#ht and $ou acceted the challen#e, there was a h$sical fi#ht, then $ou
inflicted a mortal wound that caused his death in the hosital, $ou were char#ed
with homicide, because there were no 3ualif$in# circumstances, and since there
was no mitigating and aggravating you should be sentenced to a medium
period of reclusion temoral ;for homicide>
5 1o #et Minimum term, immediatel$ #et the enalt$ ne8t to Reclusion temoral,
lower b$ 9 de#ree R $rision mayor an$where within 'rision ma$or, the court can
decide what eriod, re#ardless of attendin# circumstances
5 1he Maximum term, considerin# the absence of attendin# circumstances, is
Reclusion 1emoral medium eriod
NO!" #$%
5 1he sentence now usin# the I"LAW is 'rision ma$or in an$ eriod as the Minimum
term, u to Reclusion temoral medium eriod as the Ma8imum term
If the con!ict reaches the *inimum term, he shall eligible for parole7 terms
and conditions can be imosed b$ the 0''
>ote from $rof2 "murao+ It a$s to be in #ood terms with the 4ud#e and his wife or
his number = so $ou can #et a low Minimum term if not the lowest
"ur7ei))ance Perio8 8uring Paro)e *"P.
1. If there is no !iolation durin# the durin# the secial eriod, the court will issue an
order for final dischar#e
+. Le#al effect of a !iolation of law or rules:
5 release ma$ be re!o6ed
5 rosecuted anew
5 rolon#ed chan#e in the terms and conditions of the arole
5 made to ser!e out the remainin# une8ired ortion of the sentence
*urin# arole, the con&ict is as free as any normal person e8cet for the terms
and condition that ha!e to be obser!ed
I"LAW is ina>>)ica1)e Cit' t'e fo))oCing%
1. >ersons con7icte8 of 8eat' or )ife im>risonment
5 in terms of death, this refers to the enalt$ actuall$ imosed in the con!iction b$
the courts, not the enalt$ rescribed b$ the law
5 in terms of life imprisonment, what if Reclusion perpetua is imposed, can the
I"LAW still be alied2 1he "C sa$s =&, itLs not alicable
=- those con!icted of treason, roosal or consirac$ to commit treason
F- those con!icted of misrision of treason, rebellion, sedition, esiona#e
@- con!icted of irac$
K- habitual delin3uents
<- those who escaed from confinement
C- those who !iolated the terms of conditional ardon b$ the 'resident
B- ma8imum term of imrisonment less than a $ear
?- those con!icted b$ destierro or susension
5 destierro is a con!iction imosed b$ courts
PRO#AION LAW *P0 9;<.
Pro1ation a disosition under which a defendant after con!iction and sentence,
is released sub4ect to the conditions imosed b$ the court and to the suer!ision
of the robation officer
O1Eecti7esKPur>ose
1. 'romote correction and rehabilitation
+. (ortunit$ for reformation
9. 're!ent commission of offenses
NO!" #$%
Criteria for granting
5 character 5 en!ironment 5 institution,communit$
5 antecedents 5 mental and h$sical condition
Criteria for 8enying7 if the con!ict:
1. needs correctional treatment
+. has undue ris6 of committin# another crime
9. robation will dereciate seriousness of offense
Ina>>)ica1i)ity of t'e Pro1ation LaC
1. a con!ict sentenced to more than < $ears
+. con!icted of sub!ersion other crimes of national securit$ or ublic order
9. a recidi!ist
4. re!iousl$ robationed
:. alread$ ser!in# sentence
1here is first, a 4ud#ment of con!iction imosed b$ the court
0uration
5 not e8ceedin# < $ears and not dis3ualified
5 the accused ma$ file an alication for robation with the court
5 the court will order an in!esti#ation throu#h the robation officer, all the asects
of the life of the con!ict
5 robation officer submits findin#s and recommendation
5 after submission, court ma$ den$ or aro!e recommendation and admit the
accused to robation
5 Court ma$ imose duration based on: 5 rehabilitation
5 reformation
NO!" #$%
5 reinte#ration
0uration of t'e Pro1ation Perio8
1. sentence not more than 9 $ear R robation is less than = $ears
+. sentence more than 9 $ear R robation is less than < $ears
9. sentence is fine with subsidiar$ imrisonment R robation is twice the da$s of
subsidiar$ imrisonment
After t'e Pro1ation Perio8
5 the court can issue, uon recommendation b$ the robation officer, a certificate of
final dischar#e7 its effects are:
9- restored to oneLs ori#inal osition
=- liabilit$ for the fine is deemed e8tin#uished
W'en to a>>)y for >ro1ation
5 9K da$s from romul#ation, durin# the re#lamentar$ eriod
5 the con!ict can either aeal or al$ for robation
#upposin, con!ict filed a notice of aeal, later chan#ed his mind, withdrew his
aeal then filed an alication for robation, can he do that? =&, once $ou file
for an aeal, $ou wai!e $our ri#ht to file for an alication for robation, and
!ice5!ersa if $ou first file for an alication then later on decide to withdraw it-
#upposin, a 4ud#ment of con!iction was made, thus not entitled to robation, so
accused filed an aeal in the CA where his sentence was lowered, 3ualif$in# him
for robation, can he al$ for robation now? CA sa$s .)", there canLt be an$
wai!er of ri#ht because he was not
entitled to file an alication for robation R thereLs nothin# to
wai!e
"C sa$s N(, because he alread$ aealed, thou#h with stron# dissentin#
oinions about it ;1he "C is sureme, but it is not alwa$s ri#ht>
0e$ond the 9K5da$ re#lamentar$ eriod, $ou canLt file an alication for
robation, e8cet in RA ?F@@, a child in conflict with the law can file an alication
for robation anytime
ARICL!" -<I<, )readin matters)
5 Article C? "usension of )8ecution
NO!" #$%
5 Article B: ;reealed b$ RA ?F@@> in!ol!es the di!ersion and inter!ention
ro#rams for children in conflict with the law
ARICL!" <1I<: D PROC!0JR! AN0 FJI0!LIN!" AOR 5! !2!CJION OA 0!A5
P!NAL$ )readin matter)
ARICL! <; D A0MINI"RAI(! MA!R ON P!NI!NIARI!"
)readin matter)
ARICL! <- D 0!"I!RRO
5 rohibition in a certain lace or laces desi#nated in the con!iction
5 not ermitted to enter the lace or laces nor within the radius secified not more
than =K:, but not less than =K 6ilometers from the lace
ARICL! << D ARR!"O M!NOR
5 shall be ser!ed in municial 4ails
5 or for health reasons, can be allowed to sta$ home ;house arrest>
ARICL! <9 D OAL !2INCION OA CRIMINAL LIA#ILI$
1. *eat' of a con7ict R e8tin#uishes ersonal enalties but not ecuniar$
if death comes before final 4ud#ment, e!en ecuniar$ liabilities are e8tin#uished
+. "er7ice of sentence
5 crime is a debt incurred b$ the offender as a conse3uence7 after ser!ice of the
sentence, the debt is aid
9. Amnesty
5 e8tin#uishes the enalt$ and its effects7 as if the crime was not committed
4. A1so)ute Par8on
5 an act of #race b$ the Chief )8ecuti!e7 e8emts the erson from unishment onl$
:. Prescri>tion of crime
5 forfeiture or loss of the ri#ht of the "tate to rosecute
;. Prescri>tion of >ena)ty
5 loss or forfeiture of ri#ht of the #o!ernment to e8ecute the final sentence
-. Marriage of offen8e8 Coman *Artic)e 944.
NO!" #$%
5 pri&ate crimes ;abduction, seduction, lasci!ious acts adulter$, concubina#e>
cannot be rosecuted de officio
5 public crimes ;rae> can be rosecuted de officio ;meanin# initiated in Court b$
filin# a comlaint
Marria#e can e8tin#uish either crimes
ARICL! 9, AN0 91 D PR!"CRIPION OA CRIM!" AN0 COMPJAION
1. *eath, Reclusion eretua, Reclusion temoral R =: $ears
+. Crimes unishable b$ other afflicti!e enalties R 9K $ears
9. Crimes unishable b$ correctional enalties R 9: $ears
4. Arresto ma$or R K $ears
:. Crimes of libel, or other similar offenses R 9 $ear
;. (ral defamation, "lander b$ deed R < months
-. Li#ht felonies R = months
1he rescriti!e eriod shall commence to run from the discovery of the
crime and shall be interrupted only by filing a complaint or information in
court
Commences to run a#ain when such roceedin#s terminate without the accused
bein# con!icted or ac3uitted
1he rescriti!e eriod shall not run when the offender is absent from the
'hiliines
#upposin, in 9?B: the accused commits a crime, then #oes into hidin#, he
resurfaces =: $ears later, then the #o!ernment finds a witness, can the$ institute
a case? =&, but if the accused left for the +", /0# he can be rosecuted still
1he mere filin# of a comlaint with the followin# does not interrupt the
prescriptive period:
5 Chief of 'olice 5 (ffice of the N0I
5 (ffice of the 'ro!incial *irector of the 'N'
because these do not constitute the court7 the$ are not art of the 4udiciar$, not
art of the courts of 4ustice
0ut filin# with: (ffice of the 'ublic 'rosecutor or (ffice of the (mbudsman, ma$
interrut the rescriti!e eriod
NO!" #$%
ARICL! 9+ AN0 99 D PR!"CRIPION OA P!NALI!" AN0 COMPJAION
1. *eath, Reclusion eretua R =: $ears
+. Crimes unishable b$ other afflicti!e enalties R 9K $ears
9. Crimes unishable b$ correctional enalties R 9: $ears
4. Arresto ma$or R K $ears
:. Li#ht felonies R 9 $ear
1he rescriti!e eriod shall commence upon evasion of the service of
sentence of the convict and shall be interrupted by the following:
1. if offender #i!es himself u
+. if he is catured
9. #oes to a forei#n countr$ with which we ha!e no e8tradition treat$
4. commits another crime before e8iration of the eriod of rescrition
0ifference 1etCeen Prescri>tion of crimes & Prescri>tion of >ena)ties
PR!"CRIPION OA CRIM! PR!"CRIPION OA P!NAL$
5 loss or forfeiture of the "tate to 5 loss or forfeiture of the "tate to
rosecute enforce 4ud#ment after a lase of
time
5 eriod: includes libel, oral 5 li#ht felonies for 9 $ear
defamation7 difference in time for
li#ht felonies
5 starts countin# uon disco!er$ of the 5 starts countin# uon the escae or
commission of the crime e!asion of ser!ice of the sentence
5 mere absence from the 'hiliines 5 absence from the 'hiliines
interruts interruted onl$ when he #oes to a
forei#n countr$ without an
NO!" #$%
e8tradition treat$ with us
5 commission of another crime before 5 commission of another crime
the e8iration of the eriod does not before e8iration of the eriod
interrut interruts the rescrition
ARICL! 94 D PARIAL !2INCION OA CRIMINAL LIA#ILI$
1. Conditional ardon
5 must be deli!ered and acceted7 contract bet- 'resident and the con!ict
+. 0$ commutation of the sentence
9. Eor #ood conduct allowances which culrit ma$ earn
4. Eull credit of ser!ice of re!enti!e imrisonment
:. Release on 'arole
;. Release under 'robation
ARICL! 9: D O#LIFAION" OA 5O"! FRAN!0 CON0IIONAL PAR0ON
)readin matter)
ARICL! 9; D !AA!C OA COMMJAION OA "!N!NC!
)readin matter)
ARICL! 9- D ALLOWANC!" AOR FOO0 CON0JC
9- first = $ears R deduction of K da$s for each month of #ood beha!ior
=- F 5 K $ears R deduction of B da$s for each month of #ood beha!ior
F- <59: $ears R deduction of 9: da$s for each month of #ood beha!ior
@- 99 J so on $ears R deduction of 9K da$s for each month of #ood beha!ior
NO!" #$%
ARICL! 9< D "P!CIAL IM! ALLOWANC!"
5 it is a deduction of 9,K of the eriod of the entire sentence: ha!in# e!aded ser!ice
durin# calamit$ or catastrohe ;Art-9KB> #i!es himself u to the authorities within
@B hours7 otherwise, if catured 9,K of the remainin# sentence will added
#upposin, there is a calamit$, but $ou did not escae, will $ou be awarded the
9,K deduction? =&, the law sa$s $ou ha!e to first escae
ARICL! 99 D W5O FRAN" IM! ALLOWANC!" )readin matter)
5 1he *irector of 'risons
Artic)e 1,, D Ci7i) Lia1i)ity
In e!er$ felon$, arises two thin#s:
;i> criminal liability, which can be e8tin#uished b$:
5 imrisonment 5 fine
5 rescrition of libert$
Interested arties are: the #o!ernment,"tate,'resident a#ainst the accused who
is the onl$ one liable because enalties are ersonal
;ii> ci&il liability, which can be e8tin#uished b$:
5 restitution 5 indemnification
5 rearation
Interested arties are: the offended art$ and heirs a#ainst the accused and heirs
Ci!il liabilit$ can be e8tin#uished similar to that of contracts
+on filin# of the criminal action, civil action is deemed instituted
If the criminal case was filed first, it shall ta6e recedence
If the ci&il case was filed first, it will be susended when the criminal case is filed
Reser7ation of rig't loses ri#ht to inter!ene in criminal case, but allows for the
institution of an independent civil action ;ICA>
NO!" #$%
In8e>en8ent Ci7i) Action ;for cases of or claims for dama#es, defamation,
h$sical in4uries> ma$ roceed simultaneousl$ with the criminal case, but if there
is re4udicial 3uestion, it shall be decided first
PreEu8icia) 3uestion is one which arises in a case, the resolution of which is a
lo#ical antecedent of the issue in!ol!ed in the said case, and the co#niDance of
which ertains to another tribunal
)8tinction of criminal liabilit$ ;ac3uittal> shall not carr$ the ci!il action with it
unless it is the basis for the decision
ARICL! 1,1 D RJL!" ON CI(IL LIA#ILI$
5 Article 9= ars- 9, =, F,K,< and Article 99;@> are not e8emt from ci!il liabilit$
Airst ru)e%
5 Article 9= ;9, =, F> R ci!il liabilit$ de!ol!es to those who ha!e arental or le#al
authorit$ of them
"econ8 ru)e%
5 Article 99;@> R those who benefited from the harm re!ented are ci!ill$ liable
'ir8 ru)e%
5 Article 9= ;K J <> R the ersons causin# the fear or usin# !iolence are primarily
liable7 in their absence, those who acted are secondarily liable
ARICL!" 1,+I1,9 D "J#"I0IAR$ LIA#ILI$ OA O5!R P!R"ON"
)readin matter)
ARICL!" 1,4I1,9 &111 D AORM" OA CI(IL LIA#ILI$ & O#LIFAION"
)readin matter)
ARICL! 11, D "!(!RAL LIA#ILII!" OA PARICIPAN" IN A CRIM!
1he rincials, accomlices, accessories shall ha!e se!eral liabilit$7 thus, the
offended art$ can as6 a$ment from an$ of them
In case of insol!enc$ of the rincial, the accomlice is ne8t in line, and so on, if
the latter is also insol!ent
F
rd
erson #ratuitous re3uires articiation 6nowled#e7 re3uires 6nowled#e on
his art of the commission of the crime
ARICL! 11+ & 119 D !2INFJI"5M!N OA CI(IL LIA#ILI$
B same as e(tinuishment of contracts
NO!" #$%
1. b$ a$ment or erformance
+. b$ the loss of the thin# due
9. b$ condonation or remission of the debt
4. b$ the confusion or mer#er of the ri#hts of the creditor and debtor
:. b$ comensation
;. b$ no!ation
NO!" #$%

Criminal Law Book 1 Amurao Notes

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CRIMINAL LAW Page 1 of 149

Lecture & Recitation Notes Atty. Maximo Amurao

#pouse should be the legitimate husband or wife

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