EXCEPTION:
a. When a new statute dealing with the
crime established conditions more
lenient or favorable to the accused, it
can be given a retroactive effect.
MEMORY AID IN
CRIMINAL LAW
BOOK ONE
a.
b.
CHARACTERISTICS OF CRIMINAL
LAW
1. GENERAL, in that criminal law is binding on
all persons who live or sojourn in Philippine
territory (Art. 14, New Civil Code.).
EXCEPTIONS:
a. Those who are exempted by treaty
stipulations.
b. Those who are exempted by laws of
preferential application
c. Those who are exempted by virtue of
the principles of public internal law (such
as sovereigns and other chiefs of state,
ambassadors, ministers plenipotentiary,
ministers resident, and their charges
daffaires.
But consuls, vice-consuls
and other commercial representatives of
foreign nations do not possess the
status of, and cannot claim the same
privileges and immunities accorded to
ambassadors and ministers (Wheaton,
International Law).
2. TERRITORIAL, in that criminal laws of the
Philippines, as a rule, are enforceable only
within its territory.
EXCEPTION:
a. Those provided under Art. 2 of the
Revised Penal Code.
3. PROSPECTIVE, in that a penal law cannot
make an act punishable in a manner in
which it was not punishable when
committed. As provided in Article 366 of the
Revised penal Code, crimes are punished
under the laws in force at the time of their
commission.
VESSELS
1.
2.
1
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
3.
ART. 3. FELONIES
GENERAL ELEMENTS OF FELONIES:
1.
2.
3.
CLASSIFICATION OF FELONIES
ACCORDING TO THE MEANS BY WHICH
THEY ARE COMMITTED
1.
2.
DISTINCTIONS
(CODE: G-CAMP)
Malum in se
Malum prohibitum
1. Criminal liability is
based
on
the
MORAL TRAIT of
the offender, that
is why liability
would only arise
when there is dolo
or culpa in the
commission of the
punishable act.
2. GOOD FAITH or
lack of criminal
intent is a valid
defense,
unless
the crime is the
result of culpa.
3. The degree of
ACCOMPLISHME
NT of the crime is
taken into account
in punishing the
offender.
Thus,
there
are
attempted,
frustrated
and
consummated
stages
in
the
commission of the
crime.
2
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
Malum in se
Malum prohibitum
4. Mitigating
aggravating
circumstances
NOT taken
account
imposing
penalty.
and
5. The degree of
participation of any
offender is NOT
considered.
All
those
who
perpetrated
the
prohibited act are
penalized to the
same
extent.
There
is
no
principal
or
accomplice
or
accessory
to
consider.
are
into
in
the
DISTINCTIONS
INTENT
1. purpose to use
particular means to
effect such result
2. element of the
crime,
except
in
malum prohibita
3.
essential
in
intentional felonies
MOTIVE
1. moving power which
impels one to act
2. NOT an element of
the crime
3. essential only when
the identity of the
perpetrator is in doubt
A DEFENSE
ART. 6. CONSUMMATED,
FRUSTRATED,
AND ATTEMPTED FELONIES
STAGES OF OFFENSES
1. CONSUMMATED FELONY - A felony is
consummated when all the elements
necessary
for
its
execution
and
accomplishment are present.
Every crime has its own elements, which
must all be present to constitute a culpable
3
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
4
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
RULES ON CONSPIRACY OR
PROPOSAL TO COMMIT A FELONY:
a. GENERAL RULE: Mere conspiracy and
proposal to commit a felony are not
punishable. Reason for the rule: conspiracy
and proposal to commit a crime are only
preparatory acts.
b. Exception: They are punishable in cases in
which the law specially provides a penalty
therefor.
c. And when conspiracy is itself a crime, no
overt act is necessary to bring about criminal
liability.
d. But when conspiracy is only a basis for
incurring criminal liability, there must be an
overt act before the co-conspirators become
criminally liable. In which case, the rule is
that: the act of one is the act of all.
Exception: If any of the co-conspirators would
commit a crime not agreed upon, the same
is NOT the act of all.
Exception to the exception: But in acts
constituting a single indivisible offense, all
will be liable for a crime committed by one
co-conspirator, even though he performed
different acts from that agreed upon in
bringing about the composite crime. The
others may only evade responsibility for any
other crime outside of that agreed upon, if it
is proved that the particular conspirator had
tried to prevent the commission of such
other act.
ART. 9. CLASSIFICATION OF
FELONIES
ACCORDING TO GRAVITY
IMPORTANCE OF THE CLASSIFICATION:
a. To determine whether these felonies can be
complexed or not;
b. To determine the prescription of the crime
and the prescription of the penalty.
CIRCUMSTANCES
DEFINITIONS:
1. Justifying circumstances are those where
the act of a person is said to be in
accordance with law, so that such person is
deemed not to have transgressed the law
and is free from both criminal and civil
liability. There is no civil liability, except in
par. 4 of Art. 11, where the civil liability is
borne by the persons benefited by the act.
2. Confession and avoidance the accused
admits the offense charged but invokes
justifying or exempting circumstances to
evade the penalty.
1. SELF-DEFENSE
REQUISITES:
1. unlawful aggression;
2. reasonable necessity of the means
employed to prevent or repel it; and
3. lack of sufficient provocation on the part of
the person defending himself
2. DEFENSE OF RELATIVES
RELATIVES THAT CAN BE DEFENDED:
(CODE: SADB4)
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees.
5. Relatives by consanguinity within the fourth
civil degree
That fact that the relative defended gave
provocation is immaterial.
3. DEFENSE OF STRANGER
WHO ARE DEEMED STRANGERS?
Any person not included in the enumeration of
5. FULFILLMENT OF DUTY; OR
LAWFUL EXERCISE OF RIGHT OR
OFFICE
REQUISITES:
1. That the accused acted in the performance
of a duty or in the lawful exercise of a right
or office;
2. That the injury caused or the offense
committed be the necessary consequence
of the due performance of duty or the lawful
exercise of such right or office.
6
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
BASIS:
The exemption from punishment is based on the
complete absence of intelligence, freedom of
action, or intent, or on the absence of
negligence on the part of the accused.
DISTINCTIONS
(CODE: AL-C-L)
JUSTIFYING
CIRCUMSTANCE
1. It affects the act
not the actor.
2. The
act
is
considered to have
been done within
the bounds of law;
hence, legitimate
and lawful in the
eyes of the law.
3. Since the act is
considered lawful,
there is no crime.
4. Since there is no
crime,
nor
a
criminal, there is
also no liability,
criminal nor civil.
EXEMPTING
CIRCUMSTANCE
1. It affects the actor
not the act.
2. The act
complained of is
actually wrongful,
but the actor is
not liable.
3. Since the act
complained of is
actually wrong,
there is a crime;
but the since actor
acted without
voluntariness,
there is no dolo
nor culpa.
4. Since there is a
crime committed
though there is no
criminal, there is
civil liability.
1. IMBECILITY OR INSANITY
1.
2.
3.
7
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
ABSOLUTORY CAUSES
DEFINITION:
Absolutory causes are those where the act
committed is a crime but for reasons of
public policy and sentiment there is no
penalty imposed.
CLASSES OF MITIGATING
CIRCUMSTANCES
1. Ordinary mitigating those enumerated in
DISTINCTIONS
(CODE: OM)
As to the
nature of the
consequences
ORDINARY
MITIGATING
CIRCUMSTANCE
PRIVILEGED
MITIGATING
CIRCUMSTANCE
1. It can be
offset by an
aggravating
1. It can
NEVER be
offset by
any
aggravating
circumstance
circumstance
As to the
effect
2. If not offset,
it will
operate to
reduce the
penalty to
the
minimum
period,
provided
the penalty
is a divisible
one.
.
2. It operates
to reduce
the penalty
by one to
two
DEGREES
depending
upon what
the law
provides.
PARAGRAPH 1: INCOMPLETE
JUSTIFYING OR EXEMPTING
CIRCUMSTANCE
1. Applies, when all the requisites necessary to
justify the act are not attendant.
2. But in the case of incomplete self-defense,
defense of relatives, and defense of
stranger, unlawful aggression must be
present, it being an indispensable requisite.
8
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
PARAGRAPH 3: NO INTENTION TO
COMMIT SO GRAVE A WRONG
1. If the offender had no intention to commit so
grave a wrong as that committed, he is
entitled to a mitigating circumstance. This
can be taken into account only when the
facts proven show that there is a notable
and evident disproportion between the
means employed to execute the criminal act
and its consequences.
2. This paragraph is not applicable to culpable
felonies.
the person
committing the
felony.
2.
3.
PARAGRAPH 4: PROVOCATION OR
THREAT
DEFINITION:
Provocation is understood as any unjust or
improper conduct or act of the offended party,
capable of exciting, inciting, or irritating any one.
REQUISITES:
(Code: soi)
1. That the provocation must be sufficient.
2. That it must originate from the offended
party.
3. That the provocation must be immediate to
the commission of the crime by the person
who is provoked.
PARAGRAPH 5: VINDICATION OF
GRAVE OFFENSE
REQUISITES:
1. That there be a grave offense done to the
one committing the felony (offender), his
spouse,
ascendants,
descendants,
legitimate, natural or adopted brothers or
sisters, or relatives by affinity within the
same degrees;
2. That the felony is committed in vindication of
such grave offense.
DISTINCTIONS
(CODE: D-GI)
PROVOCATION
1.
It is made
directly only to
It is necessary
that the
provocation or
threat
immediately
preceded the
act, i.e., that
there be no
interval of time
between the
provocation and
the commission
of the crime.
2.
3.
committed also
against the
offenders
relatives
mentioned by
law.
The offended
party must have
done a grave
offense to the
offender or his
relatives
mentioned by
law.
The vindication
of the grave
offense may be
proximate,
which admits of
an INTERVAL
of time between
the grave
offense done by
the offended
party and the
commission of
the crime by the
accused.
PARAGRAPH 6: PASSION OR
OBFUSCATION
REQUISITES:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that it
naturally produced passion or obfuscation in
him.
VINDICATION
1.
The grave
offense may be
9
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
ART. 14 AGGRAVATING
CIRCUMSTANCES
DEFINITION:
1. Aggravating circumstances are those which,
if attendant in the commission of the crime,
10
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
DISTINCTIONS
(CODE: N-OA)
QUALIFYING
AGGRAVATING
CIRCUMSTANCE
GENERIC
AGGRAVATING
CIRCUMSTANCE
1. Its effect is to
increase the
penalty, which
should be imposed
upon the accused
without exceeding
the limit prescribed
by law.
2. It may be
compensated by a
mitigating
circumstance.
4. Must also be
alleged in the
information. (2000
Criminal Proc)
DEFINITION:
A Public Authority, sometimes also called a
person in authority, is a public officer who is
directly vested with jurisdiction, that is, a public
officer who has the power to govern and execute
the laws.
11
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
12
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
PARAGRAPH 4: ABUSE OF
CONFIDENCE; OR OBVIOUS
UNGRATEFULNESS
REQUISITES:
1. That the offended party had trusted the
offender.
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the abuse of confidence facilitated the
commission of the crime; OR
4. That the act be committed with obvious
ungratefulness.
The confidence between the offender and
the offended party must be immediate and
personal.
PARAGRAPH 5: PLACES OF
COMMISSION
COMPARISON OF PAR. 2 AND PAR. 5:
PAR. 2: CONTEMPT OR
INSULT TO PUBLIC
AUTHORITIES
1. Public authorities
1. Public authorities
are in the
performance of
their duties.
2. The public
authorities, who
are in the
performance of
their duties, must
be in their office.
3. The public
authority may be
the offended party.
are in the
performance of
their duties.
2. The public
authorities are
performing their
duties outside of
their office.
3. The public
authority should
not be the
offended party.
PARAGRAPH 6: NIGHTTIME;
UNINHABITED PLACE; OR
BAND
NIGHTTIME, UNINHABITED PLACE OR BAND
IS AGGRAVATING
1. When it facilitated the commission of the
crime; or
2. When it was especially sought for by the
offender to insure the commission of the
crime or for the purpose of impunity; or
3. When the offender took advantage thereof
for the purpose of impunity.
DEFINITIONS:
1. For the purpose of impunity means to
prevent his (accuseds) being recognized, or
to secure himself against detection and
punishment.
2. Nighttime is the period of darkness
beginning at the end of dusk and ending at
dawn. Nighttime by and of itself is not
necessarily aggravating. TESTS: (1) the
commission of the crime must begin and be
accomplished in the nighttime; (2) the
offense must be actually be committed in the
darkness of the night.
3. An uninhabited place is one where there
are no houses at all, a place at a
considerable distance from town, or where
the houses are scattered at a great distance
from each other. TEST (OF UNINHABITED
PLACE): But whether or not the crime is
attended by this aggravating circumstance
should be determined not by the distance of
the nearest house from the scene of the
crime, but whether or not in the place of the
commission of the offense there was a
reasonable possibility of the victim receiving
some help. TEST (OF WHETHER OR NOT
AGGRAVATING):
4. BAND --Whenever more than three armed
malefactors shall have acted together in the
commission of an offense it shall be deemed
to have been committed by a band.
13
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
PARAGRAPH 7: ON OCCASION OF
CALAMITY OR MISFORTUNE
THE REASON for the existence of this
circumstance is found in the debased form
of criminality met in one who, in the midst of
a great calamity, instead of lending aid to the
afflicted, adds to their great suffering by
taking advantage of their misfortune to
despoil them.
DISTINCTIONS:
BETWEEN PAR 8 (WITH AID OF ARMED
MEN) AND PAR. 6 (BY A BAND)
PARAGRAPH 9: RECIDIVIST
DEFINITION:
Recidivist is one who, at the time of his trial for
one crime, shall have been previously convicted
by final judgment of another crime embraced in
the same title of the Revised Penal Code.
REQUISITES:
CODE: (TriPS CONVICTED)
1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses
are embraced in the same title of the Code;
DISTINCTIONS
RECIDIVISM
REITERACION
1. It is enough that
a final judgment
has been
rendered in the
first offense.
2. Recidivism
requires that the
offenses be
included in the
same title of the
Code.
3. It is always to be
taken into
consideration in
fixing the penalty
to be imposed
upon the accused.
1. It is necessary
that the offender
shall have
served out his
sentence for the
first offense
2. The previous and
subsequent
offenses must
NOT be
embraced in the
same title of the
Code
3. It is NOT always
an aggravating
circumstance
14
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
CONSPIRACY GENERALLY
PRESUPPOSES PREMEDITATION,
EXCEPTION: But when conspiracy is only
implied, the evident premeditation may not
be appreciated from the mere conspiracy.
The
characteristic
and
unmistakable
manifestation of treachery is the deliberate,
sudden and unexpected attack of the victim,
without any warning, and without giving him
an opportunity to defend himself, or repel
the initial assault.
15
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
To be considered as an aggravating
circumstance, breaking the door must be
utilized as a means to the commission of the
crime.
ART. 15 ALTERNATIVE
CIRCUMSTANCES
DEFINITION:
Alternative circumstances are those, which must
be taken into consideration as aggravating or
mitigating, according to the nature and effects of
the crime and the other conditions attending its
commission.
THE ALTERNATIVE CIRCUMSTANCES ARE:
1. Relationship
2. Intoxication
3. Degree of instruction and education of the
offender
1. RELATIONSHIP-The alternative circumstance of relationship
shall be taken into consideration when the
offended party is the
CODE: (SADBA)
1. spouse
2. ascendant
3. descendant
4. legitimate, natural or adopted brother or
sister, or relative by affinity in the same
degree, of the offender.
16
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
WHEN MITIGATING
AND WHEN AGGRAVATING:
The law is silent as to when mitigating and when
aggravating.
1. MITIGATING: As a rule, relationship is
mitigating in crimes against property, by
analogy to Art. 332 regarding Persons
exempt from criminal liability. OF COURSE
in view of Art. 332, when the crime
committed is: (a) theft, (b) estafa, or (c)
malicious
mischief,
relationship
is
exempting, and not merely mitigating.
2. AGGRAVATING. It is aggravating in crimes
against persons in cases where the
offended is a relative of a higher degree
than the offender, or when the offender and
the offended party are relatives of the same
level, such killing a brother-in-law, a halfbrother, or an adopted brother.
Principals
Accomplices
Accessories
LIGHT FELONIES:
1.
2.
Principals
Accomplices
17
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
inducement to
commit a crime
2. Becomes liable
only when the
crime is
committed by the
principal by
direct
participation
DISTINCTIONS
Principal by
Inducement
1. There is an
1. There is an
3. Inducement
involves any
crime.
inducement to
commit a crime
2. The mere
proposal to
commit a felony
is punishable in
treason or
rebellion; the
person to whom
the proposal is
made should not
commit the
crime, otherwise,
the proponent
becomes a
principal by
inducement
3. The proposal
must involve only
treason or
rebellion
3. PRINCIPALS
BY
INDISPENSABLE
COOPERATION
REQUISITES:
1. participation in the criminal resolution,
that is, there is either anterior
conspiracy or unity of criminal purpose
and intention immediately before the
commission of the crime charged; and
2. cooperation in the commission of the
offense by performing another act,
without which it would not have been
accomplished
COLLECTIVE CRIMINAL
RESPONSIBILITY
There is collective criminal responsibility when
the offenders are criminally liable in the same
manner and to the same extent. The penalty to
be imposed must be the same for all.
18
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
(COMMUNITY COOPERATES
previous supply RELATION)
1. That there be community of design; that is,
knowing the criminal design of the principal
by direct participation, he concurs with the
latter in his purpose;
2. That he cooperates in the execution of the
offense by previous or simultaneous acts,
with the intention of supplying material or
moral aid in the execution of the crime in an
efficacious way; and
3. That there be a relation between the acts
done by the principal and those attributed to
the person charged as accomplice.
PENALTIES
DEFINITION:
Penalty is the suffering that is inflicted by the
State, for the transgression of a law; in its
general sense, it signifies pain.
Different juridical conditions of penalty:
1. productive of suffering, without however
affecting the integrity of the human
personality
2. commensurate with the offense different
crimes must be punished with different
penalties
19
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
20
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
CLASSIFICATION OF PENALTIES:
1. Principal penalties those expressly
imposed by the court in the judgment of
conviction
2. Accessory penalties those that are
deemed included in the imposition of the
principal penalties
DISTINCTIONS
CODE: (EPAA)
Pardon by the
Pardon by the
Chief Executive
Offended Party
1. Extinguishes the
criminal liability
of the offender
2. Cannot include
civil liability
which the
offender must
pay
3. Granted only
AFTER
CONVICTION,
and may be
extended to any
of the offenders
1.
Does NOT
extinguish the
criminal liability
of the offender
2. Offended party
can waive the civil
liability which the
offender must pay
3.
Pardon
should be given
BEFORE THE
INSTITUTION of
criminal
prosecution, and
must extend to
both offenders
of
judicial
21
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
APPLICATION OF PENALTIES
ART. 46. PENALTY TO BE IMPOSED
UPON PRINCIPALS IN GENERAL
1. General rule: The penalty prescribed by law
in general terms shall be imposed upon the
principals for a consummated felony.
2. Except: When the penalty to be imposed
upon the principal in frustrated or attempted
felony is fixed by law.
GRADUATION OF PENALTIES:
1. BY DEGREES refers to (1) the stages of
execution (consummated, frustrated, or
attempted); and (2) the degree of the
criminal participation of the offender
(whether as principal, accomplice, or
accessory).
2. BY PERIODS refers to the proper period of
the penalty which should be imposed when
aggravating or mitigating circumstances
attend the commission of the crime
22
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
PLURALITY OF CRIMES
DEFINITION:
Plurality of Crimes-- consists in the successive
execution, by the same individual, of different
criminal acts, upon any of which no conviction
has yet been declared
KINDS:
1. FORMAL OR IDEAL PLURALITY
only ONE CRIMINAL LIABILITY.
THREE GROUPS
UNDER THE FORMAL TYPE:
a. When the offender commits any of
the complex crimes in Art. 48.
b. When the law specifically fixes a
single penalty for two or more
offenses committed.
c. When
the
offender
commits
continued crimes
2. REAL OR MATERIAL PLURALITY
DIFFERENT CRIMES in law, as well as in
the conscience of the offender; the offender
shall be PUNISHED FOR EACH and every
offense that he committed.
CONTINUED CRIME
COMPARISON
Real or Material
Continued Crime
Plurality
1. There is a series
of acts
performed by the
offender
2. Each act
performed by the
offender
constitutes a
separate crime,
each act is
generated by a
criminal impulse
1. There is a series
of acts
performed by the
offender
2. The different acts
constitute only
one crime, all of
the acts
performed arise
from one criminal
resolution
CONSU
FRUST
ATTEM
0
1
2
1
2
3
2
3
4
DEFINITION:
23
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
DISTINCTIONS
Habitual
Delinquency
1.
As to the
CRIMES
committed
1.
Recidivism
1.
It is sufficient
that the
accused on the
date of his trial,
shall have
been
previously
convicted by
final judgment
of another
crime
embraced in
the same title
No period of
time between
the former
conviction and
the last
conviction
2.
As to the
PERIOD of
time the
crimes are
committed
2.
The offender is
found guilty within
ten years from his
last release or last
conviction
2.
3.
As to the
NUMBER of
crimes
committed
3.
3.
The second
offense for an
offense found
in the same
title
4.
As to their
EFFECTS
4.
An additional
penalty is also
imposed
4.
If not offset by
a mitigating
circumstance,
serves to
increase the
penalty only to
the maximum
24
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
INDETERMINATE
SENTENCE LAW
Act No. 4103 as amended by Act No. 4225
CONCEPT:
INDETERMINATE SENTENCE is a sentence
with a minimum term and a maximum term
which, the court is mandated to impose for the
benefit of a guilty person who is not disqualified
therefor, when the maximum imprisonment
exceeds one (1) year. It applies to both
violations of Revised Penal Code and special
penal laws.
I.
25
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
same.
26
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
B. APPLICATION
This shall apply to all offenders except those
entitled to benefits under PD 6003 and similar
laws.
D. POST-SENTENCE INVESTIGATION
The convict is not immediately placed on
probation. There shall be a prior investigation by
the probation officer and a determination by the
court.
G. DISQUALIFIED OFFENDERS:
THE BENEFITS OF THIS DECREE SHALL NOT
BE EXTENDED TO THOSE:
.a Sentenced to serve a maximum of
imprisonment of more than 6 years.
.b Convicted of subversion or any crime
against the national security or the public
order.
.c Previously convicted by final judgment of an
offense punished by imprisonment of not
less than 1 month and 1 day and/or a fine
not more than P200.
.d Once placed on probation.
H. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1. Mandatory or general - once violated, the
probation is cancelled. They are:
a. Probationer Presents himself to the
probation officer designated to
undertake his supervision, at such
place as may be specified in the
order, within 72 hours from receipt
of order;
b. He Reports to the probation officer
at least once a month
2. Discretionary or special additional
conditions listed, which the courts may
additionally impose on the probationer
towards his correction and rehabilitation
outside
prison.
HOWEVER,
the
enumeration is not inclusive.
Probation
statutes are liberal in character and enable
the courts to designate practically ANY term
it chooses, as long as the probationers
Constitutional rights are not jeopardized.
Also, they must not be unduly restrictive of
probationer, and not incompatible with the
freedom of conscience of probationer.
I.
PERIOD OF PROBATION
27
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
J. ARREST OF PROBATIONER
AND SUBSEQUENT DISPOSITIONS.
1. At any time during probation, the court may
issue a warrant for the ARREST of a
probationer for any serious violation of the
conditions of probation.
2. If violation is established, the court may (a)
REVOKE his probation, or (b) continue his
probation and MODIFY the conditions
thereof. This order is not appealable.
3. If revoked, the probationer shall SERVE the
sentence originally imposed.
K. TERMINATION OF PROBATION
The Court may order the final discharge of the
probationer upon finding that, he has fulfilled the
terms and conditions of his probation.
L. EFFECTS OF TERMINATION OF
PROBATION
1. Case is deemed terminated.
2. Restoration of all civil rights lost or
suspended.
3. Fully discharges liability for any fine
imposed.
DESTIERRO IMPOSED:
CODE: (E-BCP)
1. Death or serious physical injuries is caused
or
are
inflicted,
under
exceptional
circumstances (Art. 247);
2. Failure to give bond for good behavior (Art.
284);
3. Penalty for the concubine in concubinage
(Art. 334);
4. When, after reducing the penalty by one or
more degrees, destierro is the proper
penalty
IN
THE
FOLLOWING
CASES
DISTINCTIONS
IS
CODE:
28
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
1. A blanket pardon
2. Exercised when
the person is
already convicted
2.
3. Merely looks
3. Looks
BAKCWARD and
abolishes and puts
into oblivion the
offense itself; it so
overlooks and
obliterates the
offense with which
he is charged that
the person
released by
amnesty stands
before the law
precisely as
though he had
committed no
offense
4. Makes an exconvict no longer a
recidivist, because
it obliterates the
last vestige of the
crime
FORWARD and
relieves the
offender from the
consequences of
an offense of
which he has been
convicted; it does
not work for the
restoration of the
rights to hold
public office, or the
right of suffrage,
unless such rights
be expressly
restored by means
of pardon
4. Does not alter the
fact that the
accused is a
recidivist as it
produces only the
extinction of the
personal effects of
the penalty
5. Does not
extinguish the civil
liability of the
offender
6. Being a PRIVATE
ACT by the
President, must be
pleaded and
proved by the
person pardoned
to classes of
persons or
communities who
may be guilty of
political offenses
May be exercised
even before trial or
investigation is had
5. Does not
extinguish the civil
liability of the
offender
6. Being by
Proclamation of
the Chief
Executive with the
concurrence of
Congress, is a
PUBLIC ACT of
which the courts
should take notice
DISTINCTIONS
Conditional
Parole
Pardon
1. May be given at
1. May be given
any time after
after the prisoner
final judgment; is
has served the
granted by the
minimum
Chief Executive
penalty; is
under the
granted by the
provisions of the
Board of
Administrative
Pardons and
Code
Parole under the
provision of the
Indeterminate
Sentence Law
2.
For violation of
2. For violation of
the terms of the
the conditional
parole, the
pardon, the
convict CANNOT
convict may be
BE PROSECUTED
ordered reUNDER ART. 159 of
arrested or rethe RPC, he can
incarcerated by
29
CRIMINAL LAW MEMORY AID COMMITTEE: MARIE PAHATE, Chairperson; Michelle Africa, edp; Jun Nunag, edp; Paul
Laguatan, edp; Members: Arcy Tabuzo, Carol Arciaga, Charo Rejuso, Chiqui Kalaw, Doy Bruce, Gerard Penalosa, Ice Arrieta,
Jazzy Isip, Jessica Singson, Joyce Castaneda, Kristine Joy Diaz, Lourdes Barrientos, Mayette Galang, Millicent Tabing, Mitch
Munoz, Katrina Ode, Pammy Palad, Paul Lim, Pio Chua, Tin Constantino, TJ Adriano, Tonton Tabaquin.
the Chief
Executive, or
may be
PROSECUTED
under Art. 159 of
the Code
be re-arrested
and reincarcerated to
serve the
unserved portion
of his original
penalty
THREE CATEGORIES:
1. Restitution
2. Reparation of damage caused
3. And indemnification for consequential
damages
EFFECT OF ACQUITTAL
Extinction of the penal action does NOT carry
with it extinction of the civil; UNLESS the
extinction proceeds from a declaration in a final
judgment that the fact from which the civil
liability might arise did not exist.
EFFECT OF DEATH
1. Only the criminal liability (including the fine
which is pecuniary), but not the civil liability
of the accused, is extinguished by his death.
2. Civil liability may exist, although the accused
is not held criminally liable, in the following
cases:
(a) Acquittal on reasonable doubt
(b) Acquittal from a cause of nonimputability
(c) Acquittal in the criminal action for
negligence
(d) When there is only civil liability
(e) In case of independent civil actions