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REVISED PENAL CODE

Art. 2. Application of its provisions. Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined
in Title One of Book Two of this Code.
Title One
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
Chapter One
FELONIES
Art. 3. Definitions. Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault when the
wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
Art. 4. Criminal liability. Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be different from
that which he intended.
2. By any person performing an act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment or an account of the
employment of inadequate or ineffectual means.
Art. 5. Duty of the court in connection with acts which should be repressed but which are not
covered by the law, and in cases of excessive penalties. Whenever a court has knowledge of
any act which it may deem proper to repress and which is not punishable by law, it shall

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render the proper decision, and shall report to the Chief Executive, through the Department
of Justice, the reasons which induce the court to believe that said act should be made the
subject of legislation. In the same way, the court shall submit to the Chief Executive, through
the Department of Justice, such statement as may be deemed proper, without suspending
the execution of the sentence, when a strict enforcement of the provisions of this Code would
result in the imposition of a clearly excessive penalty, taking into consideration the degree of
malice and the injury caused by the offense.
Art. 6. Consummated, frustrated, and attempted felonies. Consummated felonies as well
as those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the acts of
execution which would produce the felony as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of the perpetrator. There is an attempt
when the offender commences the commission of a felony directly or over acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause
or accident other than this own spontaneous desistance.
Art. 7. When light felonies are punishable. Light felonies are punishable only when they
have been consummated, with the exception of those committed against person or property.
Art. 8. Conspiracy and proposal to commit felony. Conspiracy and proposal to commit
felony are punishable only in the cases in which the law specially provides a penalty
therefore. A conspiracy exists when two or more persons come to an agreement concerning
the commission of a felony and decide to commit it. There is proposal when the person who
has decided to commit a felony proposes its execution to some other person or persons.
Art. 9. Grave felonies, less grave felonies and light felonies. Grave felonies are those to
which the law attaches the capital punishment or penalties which in any of their periods are
afflictive, in accordance with Art. 25 of this Code. Less grave felonies are those which the law
punishes with penalties which in their maximum period are correctional, in accordance with
the above-mentioned Article. Light felonies are those infractions of law for the commission of
which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided.
Art. 10. Offenses not subject to the provisions of this Code. Offenses which are or in the
future may be punishable under special laws are not subject to the provisions of this Code.
This Code shall be supplementary to such laws, unless the latter should specially provide the
contrary.
Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY

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Art. 11. Justifying circumstances. The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur; First. Unlawful aggression. Second. Reasonable necessity of the
means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the
person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in
the same degrees and those consanguinity within the fourth civil degree, provided that the
first and second requisites prescribed in the next preceding circumstance are present, and
the further requisite, in case the revocation was given by the person attacked, that the one
making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and
second requisites mentioned in the first circumstance of this Art. are present and that the
person defending be not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to
another, provided that the following requisites are present; First. That the evil sought to be
avoided actually exists; Second. That the injury feared be greater than that done to avoid it
Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.
Art. 12. Circumstances which exempt from criminal liability. the following are exempt from
criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted to leave without first
obtaining the permission of the same court.]
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment,
in which case, such minor shall be proceeded against in accordance with the provisions of
Art. 80 of this Code. When such minor is adjudged to be criminally irresponsible, the court, in
conformably with the provisions of this and the preceding paragraph, shall commit him to the
care and custody of his family who shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some institution or person mentioned in
saidArt. 80.

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4. Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
Art. 13. Mitigating circumstances. The following are mitigating circumstances;
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to
exempt from criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years. In the case of the
minor, he shall be proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately preceded
the act.
5. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same
degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced passion
or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the presentation
of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect
which thus restricts his means of action, defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender
without however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those above
mentioned.

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Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY
Art. 14. Aggravating circumstances. The following are aggravating circumstances:
1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due the offended party
on account of his rank, age, or sex, or that is be committed in the dwelling of the offended
party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive or in his presence, or
where public authorities are engaged in the discharge of their duties, or in a place dedicated
to religious worship.
6. That the crime be committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense. 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.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.
9. That the accused is a recidivist. A 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 this Code.
10. That the offender has been previously punished by an offense to which the law attaches
an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
11. That the crime be committed in consideration of a price, reward, or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of
a vessel or international damage thereto, derailment of a locomotive, or by the use of any
other artifice involving great waste and ruin.
13. That the act be committed with evidence premeditation.
14. That the craft, fraud or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken the
defense.

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16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which the
offended party might make.
17. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.
18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be
broken.
20. That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, motorized watercraft, airships, or other similar means. (As
amended by RA 5438).
21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions.
Chapter Five
ALTERNATIVE CIRCUMSTANCES
Art. 15. Their concept. Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of the crime
and the other conditions attending its commission. They are the relationship, intoxication and
the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the
offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother
or sister, or relative by affinity in the same degrees of the offender. The intoxication of the
offender shall be taken into consideration as a mitigating circumstances when the offender
has committed a felony in a state of intoxication, if the same is not habitual or subsequent to
the plan to commit said felony but when the intoxication is habitual or intentional, it shall be
considered as an aggravating circumstance.

Title Two
PERSONS CRIMINALLY LIABLE FOR FELONIES

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Art. 16. Who are criminally liable. The following are criminally liable for grave and less
grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
Art. 17. Principals. The following are considered principals:
1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it
would not have been accomplished.
Art. 18. Accomplices. Accomplices are those persons who, not being included in Art. 17,
cooperate in the execution of the offense by previous or simultaneous acts.
Art. 19. Accessories. Accessories are those who, having knowledge of the commission of
the crime, and without having participated therein, either as principals or accomplices, take
part subsequent to its commission in any of the following manners: 1. By profiting
themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in
order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided
the accessory acts with abuse of his public functions or whenever the author of the crime is
guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is
known to be habitually guilty of some other crime.
Art. 20. Accessories who are exempt from criminal liability. The penalties prescribed for
accessories shall not be imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives
by affinity within the same degrees, with the single exception of accessories falling within the
provisions of paragraph 1 of the next preceding article.

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1. Criminal Law; defined; Main Characteristics

Answers:
A. Criminal law is that branch or division of law which defines crimes, treats of their
nature, and provides for their punishment. (12 Cyc. 129).
B. Basic Characteristics.
B1: Generality - Penal Laws and those of public security and safety shall be
obligatory upon all who live or sojourn in Philippine territory subject to the principles
of public international law and to treaty stipulations.
B2: Prospectivity- No felony shall be punishable by a penalty not prescribed by law
prior to its commission.
B3: Territoriality - Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the
Philippine archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction against those who:

Should commit an offense while on a Philippine ship or airship.

Should forge or counterfeit any coin or currency, note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Island.
Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the preceding number.
While being public officers or employees, should commit an offense in the exercise of
their functions or
Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code.

2. Exemptions; Characteristics; Criminal Law

Answers:
Exemptions to the characteristics/cardinal feature of criminal law
As to generality:
a.)
The Revised Penal Code or other penal law is not applicable when a military
court takes cognizance of the case involving a person subject to military law.
b.)
Treaties or treaty stipulations, i.e. the Bases Agreement, Visiting Forces
Agreement, etc.
c.)
Law of preferential application, i.e. RA 75 which works in favor of diplomats
and their domestic servants by exempting them from our penal laws.
d.)
Exemption by virtue of the principles of public international law, i.e. head of
states, ambassadors, ministers, plenipotentiary, ministers resident, and charges
daffaires.

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As to prospectivity:
Whenever a new statute dealing with a crime establishes conditions more
lenient or favorable to the accused, it can be given retroactive effect. (Penal Laws
shall have a retroactive effect insofar as they favor the person guilty of a felony, who
is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code,
although at the time of the publication of such laws, a final sentence has been
pronounced and the convict is serving the same). This rule has no application where
the new law is expressly made inapplicable to pending actions or existing cause of
action; or where the offender is a habitual criminal under Rule 5, Article 62 of the
RPC.
3. Exceptions; Territoriality Rule; Criminal Law
Answer:
Exceptions to Territoriality Rule in Criminal Law (Extra-territoriality Principle)
Except as provided in the treaties and laws of preferential application, the provisions of
this Code shall be enforced not only within the Philippine archipelago, including its
atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction
against those who:

Should commit an offense while on a Philippine ship or airship.

Should forge or counterfeit any coin or currency, note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Island.
Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the preceding number.
While being public officers or employees, should commit an offense in the exercise of
their functions or
Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code.
4. Constitutional Provisions; Limiting the Power of Congress; Enact penal laws
Answers:
4A: Art. III, Sec 22 No ex post facto law or bill of attainder shall be enacted.
4B: Art. III, Sec. 14 No person shall be held to answer for a criminal offense without
due process of law.
5. Concepts defined; ex post facto law, void for vagueness doctrine, doctrine of
pro reo and equipoise doctrine; criminal law.
Answers:
5A: Ex post facto law- A law which punishes an act which was committed prior to its
enactment.

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5B: Void for vagueness doctrine- A constitutional rule that requires criminal laws to
state explicitly and definitely what conduct is punishable.
5C: Doctrine of Pro Reo - Whenever a penal law is to be construed or applied and
the law admits of two interpretations one lenient to the offender and one strict to the
offender that interpretation which is lenient or favorable to the offender will be adopted.
5D: Equipoise Doctrine - The rule which states that when the evidence of the
prosecution and the defense are so evenly balanced the appreciation of such evidence
calls for tilting of the scales in favor of the accused. Thus, the evidence for the
prosecution must be heavier to overcome the presumption of innocence of the accused.
The constitutional basis of the rule is Bill of Rights which finds expressions in Sec. 1, par.
(a), Rule 115 of the 1985 Rules on Criminal Procedure as amended.
6. Distinctions; culpa; dolo
Answer:
As stated in Article 3 of the RPC, there is deceit (dolo) when the act is performed by
deliiberent intent or malice characterized by freedom, knowledge and criminal intent. On
the other hand, there is fault (culpa) when the wrongful act results from imprudence (or
negligence), lack of foresight or lack of skill. It is usually performed without malice.
7. Distinctions; Mala in Se; Mala Prohibita
Answers:
Mala in se

Mala Prohibita

the

The moral trait is considered.

Liability will arise only when
there is dolo and culpa.

As to the use of good faith as

a defense

Good faith or lack of criminal

intent is a valid defense;
unless the crime is the result
of culpa
The
degree
of
accomplishment of the crime
is taken into account in
punishing the offender.
Mitigating and aggravating
circumstances are taken into
account in imposing the
penalty
When there is more than one
offender, the degree of
participation of each in the

The moral trait of the offender

is not considered. It is enough
that the prohibited act was
voluntarily done.
Good faith is not a defense.

As to moral
offender

trait

of

As
to
the
degree
of
accomplishment of the crime

As
to
mitigating
and
aggravating circumstances

As
to
the
participation

degree

of

The act gives rise to a crime

only when it is consummated.

Mitigating and aggravating

circumstances are generally
not taken into account.
Degree of participation is
generally not taken into
account. All who participated

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As to what laws are violated

As to the nature of the crime
committed

commission is taken into

account.
Violation of RPC (general
rule)
Unlawful
and
inherently
immoral,
usually
moral
turpitude crimes

in the act are punished to the

same extent.
Violation of Special Laws
Unlawful only because the law
said so; no essence of
morality.

8. Concepts; Conspiracy; Particular Rules in Conspiracy

Answers:
As stated in Article 8, paragraph 2, A conspiracy exists when two or more persons
come to an agreement concerning the commission of a felony and therefore decide to
commit it. There are two (2) concepts of conspiracy: (a) conspiracy as a crime itself (eg.
Treason, rebellion, sedition, insurrection); (b) conspiracy as a means of committing crime
in situations wherein there is a previous and express agreement; the participants acted in
concert or simultaneously which is indicative of the meeting of the minds towards a
common criminal objective.
The GENERAL RULES in conspiracy are:
8A: Mere conspiracy or proposal to commit a crime is not punishable since they are only
preparatory acts;
8B: The act of one is the act of all; except when one or some of the conspirators
committed some other crime which is not part of the intended crime.
*Exception to the exception: When the act constitutes a single indivisible offense (eg
robbery with homicide, robbery with rape, etc.*
9. Compare; Entrapment; Instigation
Answer:
Entrapment
1. Ways and means are resorted to the
capture of lawbreaker in the execution
of the criminal plan.
2. Not a bar to the prosecution and
conviction of the lawbreaker
3. The means originated from the mind of
the criminal.
4. A person has planned or is about to
commit a crime and ways and means
are resorted to by a public officer to

Instigation
Instigator induces the would-be accused to
commit crime, hence he becomes a coprincipal
It will result in the absolution of the accused.
The law enforcer conceives the commission of
the crime and suggests to the accused who
carries it into execution.
A public officer or a private detective induces
an innocent person to commit a crime and
would arrest him upon or after the commission

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trap and catch the criminal.
10. Proximate Cause; defined.

of the crime by the latter.

Answer:
Proximate cause is that cause, which in the natural and continuous sequence,
unbroken by any efficient intervening cause, produces injury without which the result
would have not occurred. thus, the person is still criminally liable in: (a) error in personae,
(b) abberatio ictus and (c) praeter intentionem. He who is the cause of the cause is
the cause of the evil caused.
11. Motive vs Intent; When motive is essential
Answers:
Intent is the purpose to use a particular means to effect such result. It is synonymous to
mens rea and is usually consider as an essential element in intentional felonies and
establishes the nature and extent of culpability in intentional felonies. Motive, however,
is the moving power which impels one to act; it is NOT an element of the crime and is
essential only when the identity of the perpetrator/s is (are) in doubt.
Motive is essential when: (a) when the identity of the perpetrator is in doubt; (b) when
the act brings about variant crimes; (c) when the evidence in the commission of the crime
is merely circumstantial; (d) when theres a need to ascertain the truth between two
antagonistic version of crime; (e) when the identification of the accused proceeds from an
unreliable source and the testimony is inconclusive and not free from doubt.
12. Attempted, Frustrated and Consummated Felony.
Answers:
Consummated Felony as stated in Article 6 of the RPC is a felony committed when
all the elements necessary for its execution and accomplishment are present. Thus, it
performed the two stages in the development of the crime: (a) internal acts such as
mere ideas in the mind of person; (b) external acts which covers the preparatory acts
as well as the acts of execution. There is frustrated felony when the offender performs
all the acts of execution that would produce a felony as a consequence but did not
produced it by reason of causes independent to the will of the perpetrator. On the
other hand, there is an attempt when the offender commences the commission of the
felony directly by overt acts, and does not perform all the acts of execution which
should produce a felony by reason of some cause or accident other than his own
spontaneous desistance.
13. Light, less grave and grave felonies; penalties
Answer:
As provided in Article 9 of the RPC, grave felonies are those to which the law attaches
its capital punishments or penalties which in any periods are afflictive, in accordance

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with article 25 of the said Code. Less grave are those which the law punishes with
penalties which in their maximum period are correccional and in accordance to the
above mentioned article. Light felonies are those infractions of law for the commission
of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is
provided.
14. Impossible crime; Elements; Can there be a frustrated Impossible Crime? Is it
really a Crime?
Answers:
Article 4, paragraph 2 defines the concept of impossible crime or the impossible
attempts. As stated, the following requisites are present: (a) that the act performed would
be an offense against persons or property; (b) that the act is done with evil intent; (c) that
its accomplishment is inherently impossible, or that the means employed is either
inadequate or ineffectual and lastly that the act performed should not constitute a
violation of another provision of RPC. *Since the offender in an impossible crime has
already performed the acts for the execution of the same, there could be no attempted
impossible crime. There is no frustrated impossible crime either, because the acts
performed by the offender are considered as constituting a consummated offense.
Purpose of punishing impossible crimes: To suppress criminal propensity or
criminal tendencies. Objectively, the offender has not committed a felony, (not a
crime) but subjectively, he is a criminal.
15. Praeter Inentionem; Aberratio Ictus; Error in Personae.
Answers: Aberratio Ictus is mistake in the blow. It is a manner or incurring criminal
liability according to Paragraph 1, Article 4, Revised Penal Code;hitting somebody other
than the target due to lack of skill or fortuitous instances. Praeter Inentionem is defined as
the lack of intent to commit to commit so grave a wrong; causing injury graver than
intended or expected. Error in personae is mistake in the identity of the victim; injuring
one person who is mistaken for another.
16. Privileged Mitigating Circumstance; Privileged Mitigating Circumstance s
ordinary mitigating circumstance as to the reduction of penalty and offsetting
against aggravating circumstances.
Answer:
Ordinary mitigating circumstances are enumerated in the subsections 1-10 of
Article 13. Unlike, privileged mitigating circumstances, ordinary mitigating
circumstances are offset by any aggravating circumstances. It produces only effect of
applying the penalty provided by law for the crime in its minimum period, in case of
divisible penalty. The privileged mitigating circumstances produces the effect of
imposing upon the offender the penalty lower by 1 or 2 degrees than that provided by
law for the crime.

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17. Accomplice defined; accomplice vs conspirator as to the knowledge in
criminal design, participation, penalty and requisites to be established by
prosecution in order to hold them criminally responsible.
Answers:
Article 18 of RPC defined the accomplice as those who not being included in Article
17 cooperate in the execution of the offense by previous or simultaneous acts.
The distinction between an accomplice and a conspirator are:
(a) An accomplice incurs criminal liability by merely cooperating in the execution of the
crime without participating as a principal, by prior or simultaneous acts; whereas a
conspirator participates in the commission of a crime as a co-principal.
(b) An accomplice incurs criminal liability in an individual capacity by his act alone of
cooperating in the execution of the crime; while a conspirator incurs criminal liability
not only for his individual acts in the execution of the crime but also for the acts of the
other participants in the commission of the crime collectively. The acts of the other
participants in the execution of the crime are considered also as acts of a conspirator
for purposes of collective criminal responsibility.
(c) An accomplice participates in the execution of a crime when the criminal design or
plan is already in place; whereas a conspirator participates in the adoption or making
of the criminal design.
An accomplice is subjected to a penalty one degree lower than that of a principal;
whereas a conspirator incurs the penalty of a principal.
18. Habitual delinquent defined; habitual delinquency vs recidivism as to the crime
committed, period of time, number of crimes and effects in relation to penalty
imposed.
Answer:
Habitual Delinquent is a person who, within a period of 10 years from the date of his
release or last conviction of crimes of serious or less serious physical injuries is found
guilty for a third time or oftener.
As to the crime committed, it is sufficient that the offender under the concept of
recidivism have been previously convicted by final judgment for another crime embraced
in the same title of the Code on the date of his trial. For the habitual delinquent, it is
specified that the crimes committed are: (a) serious or less serious physical injuries; (b)
robbery; (c) theft; (d) estafa and falsification. As to the period of time that the crimes are
committed, there is no period of time required under recidivism. On the other hand,
habitual delinquency provided 10 years from the date of his release or last conviction. As
to the number of crimes, a person can be considered as recidivist when second
conviction for an offense is imposed, however, a person is considered as a habitual
delinquent when he is guilty for the third time or oftener. As to their effects, if not offset by
mitigating circumstances, the penalty for a recidivist will increase only to the maximum
while in habitual delinquency; an additional penalty shall be imposed.

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19. Refer to number 9
20. Enumeration; Exempting, justifying and mitigating circumstances and its
effect on crimes.
Answers:
Art. 11. Justifying circumstances. The following do not incur any criminal
liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur; (1) Unlawful aggression; (2) Reasonable necessity of the means
employed to prevent or repel it; (3) Lack of sufficient provocation on the part of the
person defending himself.
2. Anyone who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity within the fourth civil degree,
provided that the first and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the revocation was given by
the person attacked, that the one making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the
first and second requisites mentioned in the first circumstance of this Art. are present
and that the person defending be not induced by revenge, resentment, or other evil
motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage
to another, provided that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office.
6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.
Art. 12. Circumstances which exempt from criminal liability. the following are
exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted to leave without
first obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with
discernment, in which case, such minor shall be proceeded against in accordance with
the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably
with the provisions of this and the preceding paragraph, shall commit him to the care and
custody of his family who shall be charged with his surveillance and education

[CRIMINAL LAW 1]
otherwise, he shall be committed to the care of some institution or person mentioned in
saidArt. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury.
7. Any person who fails to perform an act required by law, when prevented by some
lawful insuperable cause.
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
Art. 13. Mitigating circumstances. The following are mitigating circumstances;
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify
or to exempt from criminal liability in the respective cases are not attendant.c
2. That the offender is under eighteen year of age or over seventy years. In the case of
the minor, he shall be proceeded against in accordance with the provisions of Art. 80.ch
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, or relatives by affinity within the
same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced
passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect
which thus restricts his means of action, defense, or communications with his fellow
beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the
offender without however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those
above mentioned.
Note: *Mitigating Circumstances are circumstances if present in the commission of the
crime, do not entirely free the actor from criminal liability, but serve only to reduce the
penalty. Exempting circumstance are circumstances if present exempt one from criminal
liability while aggravating circumstance are those if present in the commission of the
crime increased the penalty of the accused or offender.*
21. Elements of justifying circumstance of state of necessity and of performance
of duty and obedience to a superior.
Art. 11, paragraph A provides: Any person who, in order to avoid an evil or injury, does
an act which causes damage to another, provided that the following requisites are
present: (1)That the evil sought to be avoided actually exists; (2) that the injury feared be

[CRIMINAL LAW 1]
greater than that done to avoid it; and that there be no other practical and less harmful
means of preventing it.
For an act to be considered as a fulfillment of duty or lawful exercise of right or office, the
following requisites must be present: (1) offender acted in performance of duty or lawful
exercise of a right/office; (2) The resulting felony is the unavoidable consequence of the
due fulfillment of the duty or the lawful exercise of the right or office; (3) the accused
must prove that he was duly appointed to the position he claimed he was discharging at
the time of the commission of the offense. As for the obedience to a superior, the
following elements must be present: (1) there is an order; (2) the order is for a legal
purpose; (3) the means used to carry out said order is lawful.
22. Battered Woman Syndrome; RA 9262; Cycle of Violence
Answers:
Battered woman is a woman who is repeatedly subjected to any forceful or physical or
psychological behavior by a man in order to coerce her to do something he wants her to
do without concern for her rights.
To be classified as a battered woman, the couple must go through the battering cycle
at least twice. (Reyes, p. 200) Section 3 (c) of RA 9262- "Battered Woman Syndrome"
refers to a scientifically defined pattern of psychological and behavioral symptoms found
in women living in bettering relationships as a result of cumulative abuse." Section 26.
Battered Woman Syndrome as a defense. Victim survivors who are found my the courts
to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of selfdefense under the Revised Penal Code.
The cycle of violence:
(1) Tension-building phase: During this phase, minor battering occurs-it could be verbal
or slight physical abuse. The woman usually has a placating and passive behavior as all
she wants is to prevent the escalation of violence. However, the more she becomes
emotionally unavailable, the more the batterer becomes angry, oppressive, and abusive.
(2) Acute battering incident: This phase is characterized by brutality, destructiveness,
and, sometimes, death. During this phase, the woman deems it as unpredictable, yet
also inevitable. The battered woman usually realizes that she cannot reason with him. At
this stage, she has a sense of detachment from the attack and the terrible pain. Acute
battering incidents are often very savage and out of control.
(3) Tranquil, loving phase: The final phase of the cycle of violence begins when the
acute battering incident ends. During this period, the couple experience profound relief.
On one hand, the batterer may show a tender and nurturing behavior towards his
partner. He knows that he has been viciously cruel and tries to make up for it, begging
her for forgiveness and promising never to beat her again. On the other hand, the
battered woman also tries to convince herself that the battery will never happen again.

[CRIMINAL LAW 1]
The illusion of absolute interdependency is well-entrenched in a battered woman's
psyche. In this phase, she and her batterer are indeed emotionally dependent on each
other. Underneath this miserable cycle of "tension, violence, forgiveness" each partner
may believe that it is better to die than to be separated. (People v. Genosa GR No.
135981, January 15, 2004).
23. Elements; Self-defense; defense of stranger; defense of relatives.
Answer: The elements of self-defense are: (1) unlawful aggression; (2) reasonable
necessity of the means employed to prevent or repel it; (3) lack of sufficient
provocation on the part of the defender. As for the defense of relatives, the
following requisites are present: (1) unlawful aggression; (2) reasonable necessity of
the means employed to prevent or repel it; (3) In case person attacked provoked
attacker defender must have no part therein. The relatives entitled to the defense are
the spouse, ascendants, descendants, legitimate, natural or adopted brothers or
sisters; or relatives by affinity within the same degree as well as relatives by
consanguinity within the 4th civil degree. The elements for the defense of stranger
are as follows: (1) unlawful aggression; (2) Reasonable necessity of the means
employed to prevent or repel it; (3) The person defending be not induced by revenge,
resentment or other evil motive.
24. Elements; Mitigating Circumstance; Physical Defect.
Answer: First, that he is suffering some physical defect; Second, that he physical
defect of the offender should restrict his means of action, defense or communication
with fellow beings; third, it is essential that his physical defect have some relation to
the crime committed by him.
25. Mitigating Circumstance of vindication; passion; voluntary surrender; plea of
guilt.
Answer: Mitigating circumstances of:
a. Vindication 1.) That there must be a grave offense done to the one committing the
felony; his spouse; ascendants; descendants; legitimate, natural or adopted brothers
or
sisters
or
relatives
by
affinity
within
the
same
degrees.
2.) That the felony is committed in immediate vindication of such grave offense.
3.) Immediate allows a lapse of time unlike in sufficient provocation, as long as the
offender is still suffering from the mental agony brought by the offense to him (3 hours
was considered immediate in People v. Espina).
b. Passion or Obfuscation 1.) The accused acted upon an impulse.
2. The impulse must be so powerful that it naturally produced passion or obfuscation.
3.) That there be an act, both unlawful and sufficient to produce such a
condition of mind
4.) That said act which produced the obfuscation was not far removed from the
commission of the crime by a considerable length of time, during which the perpetrator

[CRIMINAL LAW 1]
might recover his normal equanimity (less than 24 hours was ruled enough length of
time).
5.) The act causing such obfuscation was committed by the victim himself.
6.) The passion or obfuscation should arise from lawful sentiments in order to be
mitigating.
7.) It should not be done in the spirit of lawlessness or revenge.
c. Voluntary surrender 1.) That the offender had not been actually arrested
(2) That the offender surrendered himself to a person in authority or to the latters agents
> Person in authority is one directly vested with jurisdiction which is the power to govern
and execute the laws, whether as an individual or as a member of some court or
governmental corporation, board or commission.
> Agent of a person in authority is one who by direct provision of the law or by election,
or by appointment by competent authority is charged with the maintenance of public
order, and the protection and security of life and property, and any person who comes to
the aid of persons in authority (Art 152 as amended by RA 1978).
(3) That the surrender was voluntary.
A surrender to be voluntary must be spontaneous, showing the intent of the accused to
submit himself unconditionally to the authorities, either because:
(1) He acknowledges his guilt.
(2) He wishes to save them the trouble and expense necessarily incurred in the search
and capture.
d. Voluntary Plea of Guilty
1.) That the offender spontaneously confessed his guilt.
(2) That the confession of guilt was made in open court, that is, before the competent
court that is to try the case.
(3) That the confession of guilt was made prior to the presentation of evidence for the
prosecution.
> Even after arraignment, voluntary confession can still be mitigating, when with the
consent of the public prosecutor, there is an amendment in the information (This was not
discussed by sir).
> Voluntary confession is usually done during the arraignment.
> What has been admitted need not be proven by evidence; judgment can already be
rendered but both sides can still present evidence to prove aggravating or mitigating
circumstances.
> During arraignment, charges must be read to the accused in open court in a language
known to him; if the charges are read in a language not known to him, the arraignment
or plea is void. It is the duty of courts to read charges in a language known to him.
> Promulgation is physical and actual reading of the sentence to the accused. It can be
limited to just the dispositive portion or wherefore clause. If there is an acquittal, the
decision is final and executory and not appealable because of the risk of double
jeopardy (People vs. Ang Cho Kio, 95 Phil 475). If there is a conviction, the accused has

[CRIMINAL LAW 1]
15 days to avail of legal remedies, if not availed after the said period, the conviction
becomes final and executory.
26. What is a privileged mitigating circumstance? Has the effect of imposing the
penalty by 1 or 2 degrees than that provided by law
27. Distinguish a Privileged Mitigating Circumstance to ordinary mitigating
circumstance as to the reduction of penalty and offsetting against aggravating
circumstances.
28. RA 9344 on Minority
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or
under at the time of the commission of the offense shall be exempt from criminal liability.
However, the child shall be subjected to an intervention program pursuant to Section 20 of
this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subjected to the appropriate proceedings
in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.
SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the presumption
of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is
proven to be eighteen (18) years old or older. The age of a child may be determined from the
child's birth certificate, baptismal certificate or any other pertinent documents. In the absence
of these documents, age may be based on information from the child himself/herself,
testimonies of other persons, the physical appearance of the child and other relevant
evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the
information in any appropriate court may file a case in a summary proceeding for the
determination of age before the Family Court which shall decide the case within twenty-four
(24) hours from receipt of the appropriate pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in the
appropriate court, the person shall file a motion to determine the age of the child in the same
court where the case is pending. Pending hearing on the said motion, proceedings on the
main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government
officials concerned shall exert all efforts at determining the age of the child in conflict with the
law.

[CRIMINAL LAW 1]
SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her
investigation, determine where the case involving the child in conflict with the law should be
referred.
The taking of the statement of the child shall be conducted in the presence of the following:
(1) child's counsel of choice or in the absence thereof, a lawyer from the Public Attorney's
Office; (2) the child's parents, guardian, or nearest relative, as the case may be; and (3) the
local social welfare and development officer. In the absence of the child's parents, guardian,
or nearest relative, and the local social welfare and development officer, the investigation
shall be conducted in the presence of a representative of an NGO, religious group, or
member of the BCPC.
After the initial investigation, the local social worker conducting the same may do either of the
following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or
above fifteen (15) but below eighteen (18) years old, who acted without discernment;
and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted
with discernment, proceed to diversion under the following chapter.

SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion
programs without undergoing court proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committee is not more than six (6)
years imprisonment, the law enforcement officer or Punong Barangay with the
assistance of the local social welfare and development officer or other members of
the LCPC shall conduct mediation, family conferencing and conciliation and, where
appropriate, adopt indigenous modes of conflict resolution in accordance with the best
interest of the child with a view to accomplishing the objectives of restorative justice
and the formulation of a diversion program. The child and his/her family shall be
present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years
imprisonment, the local social welfare and development officer shall meet with the
child and his/her parents or guardians for the development of the appropriate
diversion and rehabilitation program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court.

[CRIMINAL LAW 1]
29. Effects of qualifying aggravating circumstances. Aggravating circumstance of
abuse of superior strength.
Qualifying aggravating circumstances can change the nature of the felony, such as
treachery in murder.
1. There must be a notorious inequality of forces between the victim and the aggressor,
and to appreciate it, it is necessary to evaluate the physical conditions of the
protagonists and the arms employed by each side. (People v. Cabiling, 74 SCRA
285) There must be deliberate intent to take advantage of the same. (People v.
Bello, 10 SCRA 298) Mere numerical superiority does not necessarily involve
superiority in strength. It is necessary to prove, besides, that attackers cooperated
in such a way as to secure advantage from superiority in strength. (People v.
Elizaga).
30. Elements of aggravating circumstances of dwelling, night time, uninhabited
place.
Answer:
30A: Dwelling - Dwelling includes dependencies, staircase, and enclosures under
the house. A place of sanctuary worthy of respect. (People v. Parazo, May 14,
1997) A combination house and store is not a dwelling. (People v. Magnaue, 3510,
May 30, 1951) For dwelling to be appreciated, it is not necessary that the victim is
the owner of the dwelling. It is enough that she has the right to be in the dwelling
and not only as an incidental circumstance. (People v. Sto. Tomas, 138 SCRA 206)
It is aggravating where the place is, even for a brief moment, a home to the offended
party though he is not the owner thereof, provided that he did not provoke the
commission of the crime and the dwelling is not that of the offender also. (People v.
Badilla, 185 SCRA 554). Dwelling is an aggravating circumstance even if one does
not enter the house of the victim. Such as when the assailant from the outside
shoots the victim inside his house. (People v. Bautista, 440, Nov. 29, 1947) This
circumstance is not considered where provocation was given by the offended
party or where both parties reside in the same dwelling. In case of a boarding
house, each room of a boarder is considered a separate dwelling. (People v.
Daniel, 75 OG 4834). Dwelling is aggravating if adultery is committed in the conjugal
dwelling because the respect due the conjugal house is violated (US v. Ibanez, 33
Phil. 611) if the paramour is not residing in the conjugal dwelling.
30B: Nocturnity/nighttime: comprises the period of the day between sunset and
the beginning of dawn. But for nighttime to be appreciated, it is not absolutely
necessary that the offender purposely sought nighttime to commit the crime; it is
enough that it facilitated the commission of the crime or his escape or prevented
identification. (People v. Cristobal, 91 SCRA 71) Where nocturnity is so interlocked
with the circumstance of treachery as to become part of the latter, nocturnity
cannot be taken into consideration as an aggravating circumstance. (People v.
Pardo, 79 Phil. 566) If the commission of the crime was commenced at day time and
it was consummated at nighttime, such is not aggravated. (US v. Dowdell, 11 Phil. 4)

[CRIMINAL LAW 1]
Chance meeting between the accused and the victim negates nighttime as an
aggravating circumstances. (People v. Aquino, 124 SCRA 835) (Q9, 1994 Bar; Q3,
1997 Bar)
30C: Uninhabited place (Despoblado) is determined not by the distance of the
nearest house to the scene of the crime, but whether or not in the place where the
crime was committed there was a reasonable possibility of the victim receiving some
help. (People v. Bangug, 52 Phil. 87) Provided that solitude was purposely sought or
taken advantage of to facilitate the commission of the felony. (People v. Coderes,
104 SCRA 255).
31. Alternative Circumstance of Relationship
Answers: It shall be taken into consideration when the offended party is the
spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister,
or relative by affinity in the same degree of the offender. (Art. 15)
Relationship of stepfather or stepmother and stepson or stepdaughter is included by
analogy as similar to ascendant or descendant. (People v. Bersabal, 48 Phil. 439)
But relationship between uncle and niece is not included. (US v. Incierto, 15 Phil.
358). Relationship is mitigating in crimes against property. But in theft, estafa and
malicious mischief, relationship is exempting. It is considered as an aggravating
circumstance in crimes against persons if the offended party is of a higher level than
the offender, or when the offender and the offended party are relatives of the same
level. (People v. Mercado, 51 Phil. 99) As a rule, relationship is mitigating if the
offended party is of a lower level than that of the offender or even exempting if
committed by a parent in excessive chastisement. In crimes against chastity,
relationship is aggravating whether the offender is of a higher or lower degree than
that of the offended party. It is due to the nature of the crime. (People v. Porras, 58
Phil. 578).
32. Death/Injuries; exceptional circumstances
Answers:
Article 247 of the Revised Penal Code involves death or physical injuries
inflicted under exceptional circumstances. It states that:
Any legally married person who having surprised his spouse in the act of committing
sexual intercourse with another person, shall kill any of them or both of them in the
act or immediately thereafter, or shall inflict upon them any serious physical injury,
shall suffer the penalty of destierro.
These rules shall be applicable, under the same circumstances, to parents with
respect to their daughters under eighteen years of age, and their seducer,
while the daughters are living with their parents.
For Article 247 to apply these elements must be present:
1. The offender is any legally married person;
2. The offender surprises his spouse in the act of committing sexual intercourse with
another person;
3. The offender kills or seriously injures any or both of them;

[CRIMINAL LAW 1]
4. The offender kills or seriously injures during the act of sexual intercourse or
immediately thereafter.
33. Requisites; Accomplice.
Answer:
Accomplices- Those persons, who, not being principals, cooperate in the execution of
the offense by previous or simultaneous acts. (Art. 18) The acts performed while
material must not be indispensable. Thus, where the accused is proven to have
merely assisted in guarding the detained persons to prevent their escape, the
accused should be held as an accomplice only since the act performed by him was
not indispensable. However, if the person takes part in the conspiracy, he can never
be an accomplice. An accomplice has knowledge of the criminal design of the principal
(but not really knowledge of the specific plan, just mere knowledge of criminal design,
else he will be a co-conspirator) and all that he does is to concur with the latter in his
purpose, by cooperating in the execution of the crime by previous or simultaneous acts,
for the purpose of supplying material or moral aid to the principal in an efficacious way.
(People v. Tanzo, 44 Phil. 18). It is also necessary that any wound inflicted by the
accomplice must not be the cause of death; if the wound is mortal, the offender would
be a principal by direct participation. (People v. Aplegido, 76 Phil. 571)

34. Accessories; defined. Accessories; exempt.

Answer:
Art. 19: Accessories are those who, having knowledge of the commission of the
crime, and without having participated therein, either as principals or accomplices,
take part subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the
crime.
2. By concealing or destroying the body of the crime, or the effects or instruments
thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime,
provided the accessory acts with abuse of his public functions or whenever the
author of the crime is guilty of treason, parricide, murder, or an attempt to take the
life of the Chief Executive, or is known to be habitually guilty of some other crime.
Art. 20
The penalties prescribed for accessories shall not be imposed upon those who are
such with respect to their spouses, ascendants, descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by affinity within the same degrees, with
the single exception of accessories falling within the provisions of paragraph 1 (by
profiting themselves or assisting the offender to profit by the effects of the crime) of
the next preceding article.