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ARTICLE 1.

This Code shall take effect on the January 1, 1932

ARTICLE 2. Except as provided in the treaties and laws of preferential application, the provisions of the
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. Commit an offense while on a Philippine ship or airship
2. Forge or counterfeit any coin or currency not of the Philippines or obligations and securities
issued by the government
3. Should be liable for acts connected with the introduction into the country of forged obligations
4. While being public officers or employees, should commit an offense in the exercise of their
functions
5. Commit any of the crimes against national security and the law of the nations

Laws of Preferential Application


a. Local in nature
b. Established principles of public international law
Example: Diplomatic immunity of heads of state, ambassadors
Embassies of a foreign state as extensions to its territory

ART 2(1)
Requirements to apply provision:
a. On board a private of merchant ship
b. Ship must be registered at the Maritime Industry Authority (MARINA); airship must be
registered at the Civil Aeronautics Administration
c. Committed while registered Philippine ship is on international waters

French Rule
- Crimes are cognizable only by the courts of the country to which the vessel belongs except
those which affect the tranquillity of the port or persons foreign to the crew.
- Nationality of the ship

ART 2(4)
Examples of felonies committed by public officers in their exercise of functions:
1) Direct or Indirect bribery
2) Frauds against public treasury
3) Malversation of public funds
4) Illegal use of public funds and properties

ART(2(5)
Example of crimes against national security:
1) Treason
2) Conspiracy and proposal to commit treason
3) Espionage

Examples of crimes against law of nations:


1) Piracy
2) Genocide
*Extraterritorial Application
(1) Persons who commit crime within the Philippine territory
(2) Persons who may physically be outside the territory, commit, conspire or plot to commit any crimes
inside the territory
(3) Individuals who, although physically outside the territorial limits commit any crime on board a
Philippine ship or airship
(4) Individuals who commit crimes within any embassy belonging or occupied by the Philippine
government
(5) Individuals who, although physically outside the territory commit crimes against Philippine citizens
where citizenship or ethnicity was a factor (Racist crimes)
(6) Individuals who, although physically outside the territory commit crimes directly against the
Philippine government

ARTICLE 3. Felonies.
- Act or omission punishable by the Revised Penal Code

Offense - Act or omission punishable by a special penal code

Infraction or misdemeanour - Act or omission punishable by municipal or city ordinances

Crime - Any violation of the RPC, special penal laws and municipal or city ordinances

Elements of a Felony:
1. Must be an act or omission
2. Must be punishable by the RPC
3. Must be voluntary
a. Freedom
b. Intelligence
c. Intent

Felony or malum in se
1. Inherently wrong and essentially evil
2. Act punishable by the RPC
3. Criminal intent is an essential element
4. Honest mistake of fact is a defense
5. Good faith is a defense
6. Persons criminally liable are principals, accomplices, accessories
7. Execution has 3 stages (Art 6)
8. Penalties are classified into degrees or periods
9. Rules of mitigating, aggravating, alternative circumstances apply

Offense or malum prohibita


1. Not inherently immoral but becomes so because its commission is expressly forbidden by law
2. Punishable by special penal laws
3. Criminal intent is not an essential element
4. Honest mistake of fact is not a defense
5. Good faith is not a defense
6. No principals, accomplices, accessories unless specifically provided by law
7. Execution not divided into stages
8. Penalties are in terms of years, months, days
9. Rules of circumstances do not apply unless provided for by the special law

Manner of committing felonies:


a. Dolo deceit (act performed with intent)
b. Culpa negligence, imprudence, lack of skill or foresight

**Nullum crimen, nulla poene sine lege There is no crime unless there is a law punishing it.
** Without criminal intent, the act is not a felony

Honest mistake of fact


- Misperception of fact on the part of the person who injures another
- Negates the presumption of malicious intent; leads to acquittal provided that accused is not
negligent or did not in bad faith

Elements:
1. Act done would have been lawful had the facts been as the accused believed them to be
2. Intention of accused was lawful
3. No fault or negligence

US vs Ah Chong.

**No honest mistake of fact if there is negligence or fault on the part of the accused.

ARTICLE 4. Criminal liability


1. Any person committing a felony although the wrongful act done be different from that which he
intended
2. Any person performing an act which would be an offense against persons or property, were it
not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means

ART 4(1)
Requirements to apply provision:
1. Accused commit a felony
2. Felony must be intentional
3. Felony committed by the accused should be the proximate cause of the resulting injury.

Proximate Cause
- Cause which in the sequence of events, unbroken by any efficient intervening cause, produces
the injury and without which such injury would not have occurred.
- El que es causa de la causa es causa del mal causado

Accused is criminally liable in the following instances:


- Abberatio ictus (mistake in the blow)
- Error in personae (mistake in the identity)
- Praeter intentionem (lack of intent to commit to commit so grave a wrong)
Effect of intervening disease:
a. If the intervening disease is associated with the wound inflicted, accused is liable
b. If the accused inflicted a wound not sufficient to cause death but victim dies due to a totally
unrelated disease, accused is not liable
c. If wound is mortal but victim dies due to a disease not related or associated to the wound,
accused is liable

ART 4(2) Impossible crime


Requirements:
1. Act performed would have constituted an offense against persons or property
2. Act was done with evil intent
3. Accomplishment is inherently impossible or that the means employed is either inadequate or
ineffectual
4. Act performed should not constitute a violation of the RPC

*In an impossible crime, objectively there is no crime committed but subjectively the accused is
punished for his criminal tendency and propensity.

ARTICLE 5. Duty of the Court

The duty of the court is to apply the law.


Dura lex sed lex The law is harsh but it is the law.

ARTICLE 6. Consummated, frustrated, attempted felonies

Consummated Stage
- When all the elements necessary for the felonys execution and accomplishment are present

Frustrated Stage
- Offender performs all acts but does not produce the felony by reason of causes independent of
his will

Attempted Stage
- Offender commences the commission of the felony but does not do all the acts by reason of
some cause other than his own spontaneous desistance

**Indeterminate state phase where the purpose of the overt acts committed by the accused is
uncertain or indefinite.

**Subjective phase phase starting from the first act committed by the offender to begin commission
of the felony up to the last act over which he still has control

In cases of murder, homicide, parricide, infanticide


- Attempted Stage = non-mortal wound/overt act + intent to kill death
If wound is inflicted with the intent to kill but it is not mortal and the victim does not die
- Frustrated Stage = mortal wound + intent to kill - death
If wound, inflicted with intent to kill, is mortal but death did not result due to medical
attendance
- Consummated Stage = overt act + death
The moment the offended party is killed

If wounds are inflicted but no intent to kill, felony is physical injuries


*Gravity or extent of the wounds will determine the physical injuries constitute serious, less
serious or slight physical injuries

**Intent to kill must be proven by clear and convincing evidence


[ ] Motive
[ ] Nature or number of wounds inflicted
[ ] Nature or number of weapons used
[ ] Manner crime was committed
[ ] words uttered by the offender at the time the injuries are inflicted

Acts of lasciviousness: If committed with the intention of having sex, crime is attempted rape
If committed without the intent of having sex, crime if acts of lasciviousness

ARTICLE 7. When light felonies are punishable only when they have been consummated, with the
exception of those committed against persons or property

Light felony
- Infraction of law for the commission of which the penalty of arresto menor or fine not exceeding
Php 200, or both, is provided.

Why light felonies are punishable only when it is consummated?


- It produces light, insignificant moral or material injury that public conscience is satisfied with
providing a light penalty for its commission. If it is not consummated, the wrong done is so slight
that there is no need for providing a penalty at all.

ARTICLE 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 thereof.

Conspiracy Exists when two or more persons come to an agreement concerning the commission of a
felony and they decide to commit it.

Instances where mere conspiracy is punishable by RPC:


a. Conspiracy to commit treason
b. Commit rebellion
c. Commit sedition
d. Coup detat

Instances of conspiracy are punishable by special penal laws:


a. Conspiracy in violation of the Comprehensive Dangerous Drugs Act
b. Commit terrorism
c. Arson
Proposal when a person who has decided to commit a felony proposes its execution to some other
person or persons

Instances of proposal:
a. Treason
b. Rebellion
c. Coup detat

Why generally mere conspiracy is not a crime?


As long as the conspirators do not perform overt acts to further their malevolent design, the State is not
outraged and tranquillity of the public remains undisturbed.

Elements of conspiracy:
1. Agreement concerning the commission of a felony
2. Decision to commit
3. Overt acts which indicate closeness, coordination or personal association, so as to show a
concerted action or joint criminal objective

Effects of conspiracy on the criminal liability of the accused:


- Accused will be equally criminally liable (Collective responsibility)

**Proof beyond reasonable doubt is needed to prove existence of conspiracy

ARTICLE 9. Grave felonies, less grave felonies, light felonies.

Grave Felonies
- Those which are punishable by the capital punishment or penalties which in any of their periods
are afflictive under Article 25
a. Reclusion perpetua
b. Reclusion temporal
c. Perpetual or temporary absolute disqualification
d. Perpetual or temporary special disqualification
e. Prision mayor

Less Grave Felonies


- Those which are punishable with penalties which in their maximum period are correccional
a. Prision correccional
b. Arresto mayor
c. Suspension
d. Destierro

Light Felonies
- Infractions of law for the commission of which the penalty of arresto menor or a fine not
exceeding Php 200, or both
a. Arresto menor
b. Public censure
ARTICLE 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.

General Rule: Offenses which are punishable under special penal laws are not subject to the provisions
of the RPC.

ARTICLE 11. JUSTIFYING CIRCUMSTANCES

1. Anyone in defense of his person or right


2. In defense of his family
3. In defense of a stranger
4. Any person who in order to avoid an evil or injury does an act which causes damage to another
5. Any person who acts in fulfillment of a duty or 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

What is Justifying Circumstances?

- Circumstance which is present in the commission of a felony relieves the accused of his criminal
and civil liabilities

Act committed by the accused is not considered a crime; no crime, no criminal

**Prosecution has the burden of proving the guilt of the accused beyond reasonable doubt

**In invoking justifying circumstance as defense, the accused must first admit the act. Burden of
evidence shifts to the accused to prove all the elements of self-defense by clear and convincing
evidence

** admission of guilt causes the accused to lose his right to be presumed innocent and his right to
present evidence for his defense and acquittal

Requisites of Self-Defense:

1. Unlawful Aggression
2. Reasonable necessity of the means employed to repel or prevent attack
3. Lack of sufficient provocation on the part of the one defending

ART 11(1)

Rationale:

(Impulse of self-preservation) Man's natural instinct to protect, repel and save his person or rights from
danger

Scope of self-defense: Defense of one's person, property, honor, rights


Unlawful Aggression

- (definition) Sudden, unprovoked and unlawful attack which places a person's life and limb in
actual, imminent or real danger
- Must be a continuing circumstance or must be existing at the time the defense is made
- Must be real and not imaginary
- To consider an unlawful aggression, it is necessary that an offensive act positively determining
the intent of the aggressor to cause an injury have been made

** Unlawful aggression is the basic foundation of self-defense

** There is no more right to kill the aggressor if aggression has ceased

When unlawful aggression ceased:

a. Aggressor is disarmed

b. Aggressor runs away

No unlawful aggression if there is no actual, imminent or real danger.

- Belief of an impending attack is not an attack


- Raising of voice during an argument with accused
- Mere push or shove, not followed by other acts placing the life in peril
- Mere act of holding a knife without initiating an attack
- Drawing of a gun

** When there is agreement to fight, there is no unlawful attack

- Aggression becomes an incident in the fight which is bound to arise

Reasonable necessity of the means employed requires rational equivalence

Factors to consider:

a. Existence of an emergency
b. Imminent danger
c. Instinct which impels the defense
d. Nature and quality of the weapon used
e. Physical condition of the aggressor
f. Character of the aggressor
g. Place and the occasion of the assault

** Nature, number, location and extent of the wounds of the victim may belie the claim of self-defense
Lack of sufficient Provocation

Provocation

- (definition) Any unjust or improper conduct of the offended party capable of exciting, inciting or
irritating anyone

- must be immediately preceding the act

- must NOT come from the person defending

!! Battered women syndrome

ART 11(2)

Relatives who may be defended:

1. Spouse

2. Ascendants

3. Descendants

4. Legitimate, natural or adopted siblings

5. Relatives by affinity within the same degrees (something-in-law)

6. Relatives by consanguinity within the fourth civil degree

ART 11(3)

Stranger - any person not included in the term relative in Art 11(2)

Elements of defense of a stranger:

1. Unlawful Aggression

2. Reasonable necessity if the means employed

3. Person defending be not induced by revenge, resentment or other evil motive

ART 11(4)

Requisites of causing damage to another to avoid an evil:

1. Evil sought to be avoided actually exists


2. Injury feared be greater than that done to avoid it

3. There be no other practical and less harmful means of preventing the injury

4. Evil or injury sought to be avoided must not be caused by the negligence or imprudence of the
accused nor must it be the result of any violation of the law

ART 11(5)

Requisites acting in fulfilment of a duty

- Acted in performance of a duty

- Injury caused should have been a necessary consequence of a lawful exercise

- Fulfilment of a duty must be done within the limits of the law; no neglect or abuse

**Performance of duties does not include murder ("Murder is never justified regardless of the victim")

ART 11(6)

Requisites of acting in obedience to an order:

- Order must be lawful

- Order must come a superior

- Order must be issued for a lawful purpose

** Obedience to an illegal order of a superior is not justifying

** Order to torture is illegal

ARTICLE 12. EXEMPTING CIRCUMSTANCES

1. Imbecile or insane person, unless the latter acted during a lucid interval
2. Child 15 years old or under. Child be subjected to an intervention program
3. Child above 15 but below 18 shall be subjected to an intervention program unless he acted with
discernment in which case he shall be subjected to diversion proceedings
4. Person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention
5. Any person who acts under compulsion of irresistible force
6. Person who acts under the impulse of an uncontrollable fear of an equal or greater injury
7. Person who fails to perform an act required by law, when prevented by some lawful or
insuperable cause
What is Exempting Circumstance?

- Circumstance which if present in the commission of a felony, frees the offender from criminal
liability but does not relieve him of his civil liability except in Par 4.

Accused is deprived of intelligence, freedom of action or criminal intent.

There is a crime but there is no criminal liability, only civil liability

**Accused must initially admit the fact that he committed the act

ART 12(1)

Insanity

- Disease or defect of the brain, permanently diseased or disordered condition of the mentality,
functional or organic and characterized by perversion, inhibition or disordered function of the
sensory or of the intellectual faculties
- Insane person has no full and clear understanding of the nature and consequence of his act
- May be shown by surrounding circumstances such as person's general conduct and appearance,
his acts and conduct inconsistent with his previous character

Imbecility

- One who must be deprived completely of reason or discernment and freedom of will at the time
of committing the crime
- Mental development comparable to a child between 2-7 y/o

Imbecile: mental deficiency

Insane: unsound mind or suffers from a mental disorder

**An insane person may have lucid intervals

- An insane person is exempt from criminal liability unless he has acted during a lucid interval

Law presumes that every person is of sound mind, in the absence of proof to the contrary.

- A person who pleads insanity bears the burden of proving that he was completely deprived of reason
when he committed the crime

Times which were held exempting:


a. Epilepsy provided that it occurred before or during the commission of the crime
b. Sleepwalking
c. Committing a crime while in a dream
d. Temporary insanity caused by malignant malaria
e. Schizophrenia provided that it completely deprives the accused of freedom of will, reason and
discernment

Not exempting:

a. Feeblemindedness because the offender can distinguish right from wrong


b. mere abnormality of mental faculties
c. Q Insanity brought about by intoxication
d. Amnesia unless shown by proof that accused did not know the nature and quality of his action
and that it was wrong.

!! Republic Act 9344 "Juvenile Justice and Welfare Act of 2006"

ART 12(2)

Juvenile and justice welfare system - system dealing with children at risk and children in conflict with
the law, which provides child-appropriate proceedings

Offenses with a child in conflict with the law not liable for:

1. Vagrancy and prostitution

2. Mendicancy

3. Sniffing of rugby

4. Status offenses

Intervention

- Series of activities which are designed to address issues that caused the child to commit an offense

- Counselling, skills training, education

Diversion Program

- Program that the child in conflict is required to undergo after he is found responsible for an offense
without resorting to formal court proceedings

ART 12(3)

Law presumes that the child above 15 but below 18 acted without discernment.
Effects of child committing an offense without discernment:

a. Exempt from criminal liability

b. Subject to an intervention program

Effect when child acted with discernment:

a. Criminally liable

b. Subject to a diversion program

How to find out if act is with discernment?

- Mental capacity of child, his appearance, attitude, behavior and conduct before and during the
commission of crime and conduct during and after trial

Automatic suspension of sentence

If the child who is under 18 y/o at the the time of the commission of the offense is found guilty, the
court shall determine any civil liability which may have resulted from the offense. The court then will
place the child in conflict with the law under suspended sentence without need of application provided
that the suspension of sentence shall still be applied even if the juvenile is already 18y/o or more at the
time of the time of the pronouncement of his guilt.

ART 12(4)

Requisites of accident

1. Person is performing a lawful act


2. With due care
3. Causes an injury to another by mere accident
4. Without fault or intention of causing it

*Accident - Fortuitive circumstance; event which under the circumstance is unusual or unexpected by
the person to whom it happens

*Negligence - failure to observe, for the protection of the interest of another person, that degree of
care, precaution and vigilance which the circumstances justly demand without which such other person
suffers injury

ART 12(5)

Degree of force required to be exempt? Force contemplated must be so formidable as to reduce the
actor to a mere instrument who acts only without will but against will.
** Compulsion must be of such character as to leave no opportunity to the accused for escape or self-
defense

ART 12(6)
Requisites of uncontrollable fear
a. Existence of an uncontrollable fear
b. Fear must be real and imminent
c. Fear of an injury is greater than, or at least equal to, that committed

** Threat, in order to induce insuperable fear, must promise such grave results and such results must be
so imminent that the common run of men would succumb

ARTICLE 13. MITIGATING CIRCUMSTANCES


1. Those mentioned in the preceding article, when all requisites necessary to justify or exempt
from criminal liability are not attendant
2. Child above 15 but below 18 who acted with discernment, he shall be subjected to appropriate
diversion programs; Offender over 70 years
3. Offender had no intention to commit so grave a wrong as that committed
4. Sufficient provocation or threat on the part of the offended part immediately preceded the act
5. Act was committed in the immediate vindication of a grave offense to the one commiting the
felony or his relatives
6. Acted upon an impulse so powerful as naturally to have produced passion or obfuscation
7. Offender had voluntarily surrendered or had voluntarily confessed his guilt before the court
prior to presentation of evidence
8. Offender is deaf and dumb, blind or otherwise suffering some physical defect which thus
restricts his means of action, defense or communication with his fellow beings
9. 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. Any other circumstance of a similar nature and analogous to those above mentioned

What is a mitigating circumstance?


- Circumstance which, if present in the commission of a felony, reduces the penalty to be imposed
either by degree in which case it is called a privileged mitigating circumstance; or by period in
which case it is called an ordinary mitigating circumstance.
- Reason: Mitigating circumstances reduces the accuseds free will, intelligence or criminal intent
in the commission of the felony

PRIVILEGED Mitigating ORDINARY Mitigating


Circumstance Circumstance
If present in the commission of If present in the commission of
a felony, reduces the penalty to a felony, reduces the penalty to
be imposed by DEGREE be imposed by PERIOD
Cannot be offset by a generic Can be offset by a generic
aggravating circumstance aggravating circumstance
**Presupposes the existence of both the crime and the criminal

Examples of PMC:
a. Incomplete justifying or exempting circumstance
b. Child is over 15 but under 18 at the time of the commission of the offense and he acted with
discernment
c. When there are two or more mitigating circumstances and no aggravating circumstances

Examples of OMC:
a. Lack of intent to commit so grave a wrong as that committed
b. Sufficient provocation on the part of the offended party immediately preceded the act
c. Act was committed in immediate vindication of a grave offense against relatives
d. Acted upon an impulse so powerful as naturally to have produced passion or obfuscation
e. Voluntary surrender to a person in authority
f. Voluntary confession of guilt before the court prior to the presentation of evidence for the
prosecution
g. Offender is deaf and dumb, blind or suffering some physical defect which thus restricts his
means of action, defense or communication with his fellow beings
h. Illness of the offender that diminishes the exercise of the will-power of the offender without
depriving him of the consciousness of his acts
i. Other circumstances of a similar nature or analogous to those above-mentioned

ART 13(1)
Effect of incomplete justifying or exempting circumstance is to reduce penalty by one of two degrees
lower than that prescribed by law provided that majority of the conditions required to justify or exempt
are present.
**Unlawful aggression must always be present

ART 13(3)
Lack of intent to commit so grave a wrong as that committed is an internal state of mind that can be
shown only by external circumstances:
1. Kind of weapon used
2. Mode of attack
3. Nature of the injury inflicted on the victim
4. Part of the body injured
5. Location of the wound
6. Number of wounds suffered by the victim
7. Manner the wound is inflicted
8. Attitude of the mind when the accused attacked the victim

*Lack of intent should exist at the particular moment when the accused executes the criminal act

Lack of intent to commit so grave a wrong as that committed which cannot be appreciated:
a. Anti-hazing Law
b. Crime committed through negligence or carelessness
c. Aberratio ictus

ART 13(4)
Provocation
- Any unjust or improper conduct or act the offended party capable of exciting, inciting or
irritating anyone
- Must be sufficient and should immediately precede the act
- Proportionate in gravity
*Lapse of 24 hours from the provocation of threat to the killing cannot be deemed to have immediately
preceded the crime

ART 13(5)

Provocation or threat Vindication


Must immediately precede the May be proximate allow lapse
crime of time between the grave
offense and the vindication
Provocation be personal to the Grave offense may be committed
accused even against the relatives

Act that caused provocation does Act should be a grave offense


not have to be a grave offense against the accused himself or
any relative

*Question of whether or not a certain personal offense is grave is dependent upon factors such as social
standing of the person, place and time the insult was made

ART 13(6)
There is passional obfuscation when crime was committed due to an uncontrollable burst of passion
provoked by prior unjust or improper acts or due to a legitimate stimulus so powerful as to overcome
reason.

Requisites to be considered as mitigating:


1. Unlawful act sufficient to produce passion and obfuscation was committed by the victim
2. Crime was committed within a reasonable length of time from the commission of the unlawful
act
3. Passion and obfuscation arose from lawful sentiments not from revenge

ART 13(7)
Requisites of voluntary surrender:
1. Offender has not been actually arrested
2. Offender surrendered himself to a person in authority
3. Surrender must be voluntary
4. Must be unconditional
5. Must be spontaneous

*Lack of resistance does not mean voluntary surrender

Why is voluntary surrender mitigating?


It shows the intent of the accused to submit himself unconditionally to the authorities either because he
acknowledges his guilt or he wishes to save the authorities the trouble and expense in his search and
capture.

**Voluntary surrender cannot be considered after warrant of arrest has been served

Instances where voluntary surrender cannot be considered:


a. When there is an issuance of a warrant of arrest
b. Surrender is done after undergoing the difficulties of living as a fugitive from justice
c. Offender was arrested by a policeman
d. When surrender is solely motivated by self-preservation from the imminent retaliation of the
victims relatives
e. When accused went to the police to clear his name
This hardly shows any repentance of the crime on the part of the accused

Requisites of voluntary confession of guilt:


1. Offender spontaneously confessed guilt
2. Confession of guilt was made in open court

ART 13(10)
Instances under other circumstances of similar nature
a. Extreme poverty and necessity
b. Belief in witchcraft

ARTICLE 14. AGGRAVATING CIRCUMSTANCES


1. Advantage taken by offender of his public opinion
2. Crime be committed in contempt or in insult to public authorities
3. Act committed with insult or disregard of the respect due to the offended party on account of
rank, age, sex or that it be committed in the dwelling of the offended party, if the latter has not
given provocation
4. Act be committed with abuse of confidence or obvious ungratefulness
5. Crime be committed in the palace of the Chief Executive, or in presence, or where public
authorities are engaged in the discharge of their duties
6. Crime committed in the nighttime or in an uninhabited place, or by a band
7. Crime be committed on the occasion of a conflagration, shipwreck, earthquake or other
calamity
8. Committed with the aid of armed men or persons who insure or afford impunity
9. Accused is a recidivist
10. Offender has been previously punished for an offense to which the law attaches an equal or
greater penalty of for two or more crimes to which it attaches a lighter penalty
11. Crime committed in consideration of a price, reward or promise
12. Crime committed by means of inundation, fire, poison, explosion or by use of any other artifice
involving great waste and ruin
13. Act be committed with evident premeditation
14. Craft, fraud or disguise be employed
15. Advantage be taken of superior strength or means be employed to weaken the defense
16. Act be committed with alevosia
17. Means be employed or circumstances brought about which add ignominy to the natural effects
of the act
18. Crime be committed after an unlawful entry
19. Means to the commission of a crime a wall, roof, floor, door or window be broken
20. Crime be committed with the aid of persons under 15 years of age, or by means of motor
vehicles, airships or other similar means.
21. Wrong done in the commission of the crime be deliberately augmented by causing other wrong
not necessary for its commission.

What is aggravating circumstances?


- Circumstance which, if present in the commission of the felony and not offset by an ordinary
mitigating circumstance, increases the penalty to be imposed on the accused to its maximum
period without exceeding, however, the penalty prescribed by the law for the felony.
- Basis: Based on greater criminal perversity of the offender as shown by means employed, the
time, place and occasion of the commission of the felony.
- Can be proved by clear and conclusive evidence

**Aggravating circumstances are strictly construed because the result may be the imposition of death
penalty

Kinds of Aggravating Circumstances:


a. Generic generally apply to all crimes
b. Specific apply only to particular crimes
c. Qualifying those that change the nature of the crime
d. Inherent those that must of necessity accompany the commission of the crime
e. Special Arise under special conditions which increases the penalty to the maximum period
without exceeding the penalty prescribed by law

Generic Aggravating Circumstance Qualifying Aggravating Circumstance


Increase the penalty to the maximum period Changes the nature of the felony
May be offset by an ordinary mitigating Cannot be offset by an ordinary mitigating
circumstance circumstance

ART 14(1)
Circumstance where taking advantage of ones public position cannot be considered:
a. Crime by a public officer through negligence or carelessness
b. When aggravating circumstance is not expressly alleged in the complaint or information
c. No evidence is presented in court to prove aggravating circumstance
d. No malversation of funds or fraud against the public treasury
e. Sufficient provocation immediately preceded the crime
f. Crime was committed out of passion or obfuscation

ART 14(2)
*Based on the greater criminal perversity of the offender as shown by his lack of respect to public
authorities

Requisites:
a. Public authority be engaged in performance of duty
b. Public authority must not be the person against whom the crime is committed
c. Offender knows that he is a public authority

*Can exist only when the public authority is engaged in the exercise of his functions and is NOT the
person whom the crime is committed

ART 14(3)
*Apply only to crimes against persons or honor
*There must be evidence that the accused deliberately intended to offend or insult the sex, rank, age of
the offended party

May the four aggravating circumstances be considered separately if they concur in the same case?
YES. Circumstances may be considered separately against the offender if they concur in the case and
their elements are distinctly perceived and can subsist independently revealing greater perversity

Why is dwelling an aggravating circumstance?


Dwelling is considered because of the sanctity of the privacy the law accords to human abode.
The home is a sanctuary worthy of respect and when a crime is done in ones home, the offender is
guiltier than when he offends the former elsewhere.

*Dwelling need not be owned by the victim

When dwelling as an aggravating circumstance cannot be considered:


a. If the accused and victim live in the same house
b. Crime committed was not devoted to dwelling
c. When victim gave provocation
d. Place was not an integral part of the home

*Dwelling must be expressly alleged in the complaint

ART 14(4)
Requisites of abuse of confidence:
a. Offended party trusted the offender
b. Offender abused trust by committing the crime against the offended party
c. Culprit took advantage of the offended partys belief that the former would not abuse
confidence given to him

*Confidence must be immediate and personal

ART 14(6)
Nighttime
- Period of darkness from sunset to sunrise
- Aggravating circumstance when the accused takes advantage of the silence and darkness of the
night to ensure impunity from his act
- Crime must be commenced and accomplished during this period
ART 14(7)
There must be deliberate intent to take advantage over the calamity or misfortune

ART 14(8)
Armed men
- Atleast 2 men
- Must take part directly or indirectly in the crime
- Mere moral or psychological aid is sufficient

ART 14(9)
Recidivist one who, at the time of his trial for one crime, shall have been previously convicted by final
judgement of another crime embraced in the same title of the RPC

ART 14(11)
** Price, reward, promise must be the sole motivating factor in the commission of the crime
** One who offers is a principal by inducement, one who accepts is a principal by direct participation

ART 14(12)
Difference of Par 7 and Par 12:
Paragraph 7: calamity or misfortune not within offenders control
Paragraph 12: acts of great waste and ruin used by offender as means

ART 14(13)
Evident premeditation
- Essence of such is that the execution of the criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal intent during the space of time sufficient
to arrive at a calm judgment

Requisites of evident premeditation


1. Time when the offender determined to commit the crime
2. An act manifestly indicating that the offender clung to his determination
3. Date and time when the crime was committed
4. A sufficient lapse of time between the determination and execution, to allow him to reflect
upon the consequences of his act and to allow his conscience to overcome the resolution of his
will

ART 14(14)
Craft involved intellectual trickery and cunning on the part of the accused
Fraud constitutes deceit and in manifested by insidious words and machinations
Disguise resorting to any device to conceal identity

ART 14(15)
**Whenever there is notorious inequality of forces between the victim and the aggressor
ART 14(16)
Treachery = Alevosia
- When the offender commits any of the crimes against persons, employing means, methods or
forms in the execution thereof which tend directly and specially to insure its execution, without
risk to the offender arising from the defence which the victim might make.
- Must be proved by clear and convincing evidence

Tests to determine whether or not treachery is present:


1. Was the attack sudden and unexpected?
2. Was the accused given an opportunity to defend himself, to retaliate, to repel the attack or to
escape?
3. Was the mode of attack consciously adapted by the accused to ensure the commission of the
crime without risk to himself?

ART 14(17)
Ignominy a circumstance pertaining to the moral order which adds disgrace and obloquy to the
material injury caused by the crime

ART 14(18)
There is an unlawful entry when an entrance is effected by a way not intended for the purpose

ART 14(19)
Breaking a wall, roof, floor, door or window must be used as a means to commit the crime

Breaking a wall, roof, floor, door or window is inherent in the following crimes:
1. Robbery in an inhabited house or public building or edifice devoted to religious worship
2. Robbery in an uninhabited place or in a private building

ART 14(20)
Aid of Minor involves the taking advantage of the childs immaturity or innocence
Use of Motor Vehicles use of the motor vehicle must be the means used to commit the crime

ART 14(21)
When is there cruelty?
- When the culprit enjoys and delights in making his victim suffer slowly and gradually, causing
him unnecessary physical pain in the consummation of the criminal act
**Cruelty cannot be presumed

Requisites:
1. That the injury caused be deliberately increased by causing another wrong
2. That the other wrong be unnecessary for the execution of the purpose of the offender

ARTICLE 15. ALTERNATIVE CIRCUMSTANCES


1. Relationship
2. Intoxication
3. Degree of Instruction and Education of the Offender
What are alternative circumstances?
- 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

Relationship
Alternative circumstance of relationship shall be taken into consideration when the offended party is
the:
1. Spouse
2. Ascendant
3. Descendant
4. Legitimate, natural or adopted brother or sister
5. Relative by affinity in the same degrees of the offender

** Whether the relationship is to be considered a mitigating or an aggravating circumstance will depend


upon the nature and effects of the crime and the other conditions attending its commission
** Relationship is mitigating in crimes against property; exempting in crimes of the theft
** In crimes against chastity, relationship is always aggravating, whether the offender is a higher or a
lower degree relative of the offended party

Intoxication
a. Mitigating when:
i. Drinking is not habitual or accidental
ii. If the intoxication is not subsequent to the plan to commit a crime
*Reason for mitigating: exercise of will power is impaired

b. Aggravating when:
i. If habitual
ii. If intoxication is intentional (fully knowing its effects as a stimulant) or
subsequent to the plan to commit the crime
*Reason for aggravating: bolstered courage to commit the crime (intentional); lessens resistance to evil
thoughts (habitual)
**Habitual drunkard one given to intoxication by excessive use of intoxicating drinks; habit should be
actual and confirmed
**Intoxication as an aggravating circumstance must be established by clear and convincing proof

Degree of Education
*Lack of education as a mitigating circumstance refers to lack of sufficient intelligence and not merely to
illiteracy or lack of formal education or schooling

ARTICLE 16. Who are criminally liable?


For grave and less grave felonies:
1. Principals
2. Accomplices
3. Accessories

For light felonies:


1. Principals
2. Accomplices
Only natural persons can be criminally liable.
Reasons:
a) Felonies can be committed only by means of dolo or culpa; Only natural persons are capable of
acting by means of dolo or culpa ; Only natural persons can commit a crime with personal malice
or negligence
b) Only natural persons can suffer imprisonment or deprivation of liberty as punishment

Juridical persons cannot be criminally liable.


Reasons:
a) Cannot act with mens rea guilty mind
b) Cannot be confined in a jail
--Officers responsible for the crime will personally bear the criminal liability

Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring
civil and criminal actions, in conformity with laws and regulations of their organization (Art 46, NCC).

ARTICLE 17. PRINCIPALS


1. Take part in the execution of the act
2. Directly force or induce others to commit the felony
3. Who cooperate in the commission of the offense by another act without which it would not
have been accomplished

Art 17(1)
When there is conspiracy, conspirators are equally liable as principals regardless of the manner and
extent of participation or contribution of the accused.

Conspiracy may be implied from the circumstances surrounding the crime.


Example:
a. Accused arrived at the same time, their presence from the start and up to the consummation of
the crime, accused acted in concert all throughout the commission pursuant to the same
objective.
b. Coordinating the abduction, collection of ransom and detention of their victim

Elements of conspiracy:
1. Agreement in the commission of a felony
2. Decision to commit the felony
3. Overt acts which indicate closeness, coordination or personal association to show a concerted
action, common criminal design, joint criminal objective
*Conspiracy must be established by clear and convincing evidence; cannot be presumed.

Mere presence at the scene of the crime does not make one a conspirator but if he was there for moral
support and reinforce the aggression, he may be liable as a conspirator.

If there is no conspiracy:
- Accused may be held only as an accomplice if he had knowledge of the criminal resolution.
o Accused does not have previous agreement with the principal to commit crime but he
participates to a certain point in the criminal design.
- Accused shall be liable individually and only up to the extent of his participation in the crime.

*In case of doubt, accused is considered an accomplice because courts lean in favour of a milder form of
responsibility.

Art 17(2)

When does inducement exist?


- Act performed by the author of the crime is determined by the influence of another (inducer)
over the mind of the person who commits the act for whatever source of such influence

Requirements to be considered principal by inducement:


1. Inducement should precede the crime
2. Inducement be direct and the determining cause of the crime
3. Inducement was offered with intention of producing the crime

What constitutes direct inducement?


- Advice should have great dominance and influence over the person who acts
- May be as direct, powerful as physical or moral coercion or violence

How may a person be induced to commit crime?


a. Giving a price or reward
b. Using words of command

A principal by inducement must have the intention to execute the crime.


- Inducement be made directly with the intention of committing the crime

To consider one as principal by induction, it is necessary that the advisor (inducer) had so great influence
that his words were efficacious and powerful as to amount to moral coercion.
- Proof is required to justify inducement

ART 17(3)
Principal by indispensable cooperation one who having directly participated in the criminal design,
cooperates in the commission of the crime by committing another act without which the crime would
not have been accomplished.

Requisites:
1. Participation in the criminal resolution
2. Cooperation in the commission of the offense by performing another act without which it would
not have been accomplished

Cooperation means assistance knowingly or intentionally rendered which cannot exist without
previous understanding of the criminal act intended to be executed.
Example:
Holding of victims hands to prevent from defending himself

If contributory acts were made after the commission of the crime, accused cannot be considered a
principal by indispensable cooperation.
An accused may be both principal by direct participation and principal by indispensable cooperation.
Example:
In gang rapes. Accused is guilty of rape committed by himself and of rape by his co-accused with
his cooperation (holding victims arms and legs)

ARTICLE 18. Accomplices are persons who, not being included in Article 17, cooperate in the execution
of the offense by previous or simultaneous acts.

What is an accomplice?
- One who knows the criminal design of the principal and cooperates intentionally by doing an
act, which even if not rendered, the crime would be committed just the same.

Elements:
1. Community of criminal design: knowing the design and concurs with the purpose
2. Performance of previous or simultaneous acts which are not indispensable to the commission of
the crime.

Acting as a lookout may hold one liable as either a principal of accomplice.


As Principal: Part of the conspiracy and participated in the resolution of the crime
As Accomplice: Not part of the conspiracy or resolution to commit the crime.

In the absence of conspiracy, giving a pre-arranged signal to another accused may make one an
accomplice.

In the absence of complicity between the accomplice and the author of the crime, the person purported
to be an accomplice may not behalf criminally liable.
- If there is no concurrence of the will of the accomplice with the will of the author of the crime,
the accused accomplice cannot be criminally responsible as such of the actual perpetrator.

Where the accuseds acts do not make him an accomplice, although he committed them at the time
when the principal executed the crime since there is no conspiracy and no concurrence of will:
a. During a fight, Isidro and Clemente overpowered Pedro and held him on the ground. Epifanio,
father of Isidro and Clemente, stabbed Pedro. The assault was committed without concurrence
of the will of Isidro and Clemente. Isidro and Clemente = not an accomplice

Mere presence at the scene of the crime does not make one an accomplice.
- Responsibility of the accomplice is to be determined by acts of aid and assistance, prior or
simultaneous with the commission of crime, rendered knowingly for the principal, unless the
object of such presence was to encourage.

Conspirator vs. Accomplice


Conspirator Accomplice
Take part in the criminal intention Merely agree to cooperate in the
or design execution of the criminal intention
Decide that a crime should be Merely concur. Do not decide
committed whether crime should be
committed. Merely assent to the
plan and cooperate in its
accomplishment.
Authors of the crime Merely authors instruments who
perform acts not essential to the
perpetration of the offense

Crimes where accomplices are to be punished as principals:


1. Rape
2. Acts of lasciviousness
3. Qualifies seduction
4. Simple seduction
5. Acts of lasciviousness with consent of the offended party
6. Corruption of minors
7. White slave trade
8. Forcible abduction
9. Consented abduction

ARTICLE 19. Accessories are those who, having knowledge of the commission of the crime, and without
having participated therein, either as the principals or accomplices, take part subsequent to its
commission in any of the following manners:
1. Profiting themselves or assisting the offender to profit by effect of the crime
2. Concealing or destroying the body of the crime or the effects or instruments thereof, in order to
prevent its discovery
3. Harboring, concealing or assisting in the escape of the principal 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.

Requites of accessory after the fact:


1. Accessory should have knowledge of the crime
2. He did not take part in its commission as principal or accomplice
3. He took part subsequent to its commission in any of the three ways enumerated in Article 19.

Art 19(1)
Knowledge of the crime is necessary to make one an accessory after the fact.

By profiting themselves from the effects of the crime constitutes an act of an accessory.
- A person who receives any property from another, knowing that the same had been stole, is
guilty of the crime of theft, as an accessory after the fact.
- A person who receives stolen property, for the purpose of concealing the same is guilty of the
crime of theft as an accessory.

* Receiving part of the ransom money as their share in the crime of kidnapping
* Receiving part of the stolen goods
ART 19(2)
Acts of an accessory:
a. Concealing or destroying the body or the effects of the crime
b. Concealing the instrument used in the perpetration of the crime

*Knowing where the principal hid the murder weapon does not make one an accessory

ART 19(3)
2 kinds of accessories:
1. Public officer who harbours, conceals or assists in the escape of the principal provided he does
so with abuse of his public functions
2. Private individual or a public officer who, without abusing his public function, harbours, conceals
or assists in the escape of the principal

Acts of an accessory:
a. Giving false information to mislead authorities in a murder case
b. Throwing victims body into the river
c. Driving the principal by direct participation in the crimes of murder and homicide to another
place until arrested
d. Warning or threatening the witness not to tell anyone of the crime

Acts that do not make one an accessory:


1. Not telling anyone of the offense
2. Refraining from reporting an offense to the proper authorities
3. One does not denounce the perpetration of a crime to the authorities
4. Mere presence of a person at the time and place of the commission of the crime is not sufficient
to make such person an accessory to the crime

*Determination of liability of the accomplice or accessory can proceed independently from that of the
principal.

If the principal is acquitted, will the acquittal carry with it the acquittal of an accessory?
a. If principal died or escaped and the responsibility of the accused as an accessory was proven,
accused should be held criminally liable.
b. If the principal is acquitted as it was shown that no crime was committed, the accused as an
accessory is also acquitted.
c. If the principal is acquitted due to an exempting circumstance, the accused is still criminally
liable.
d. If principal is acquitted on the ground that he acted under a justifying circumstance [except Art
11(4)], the accused as an accessory is also acquitted.
e. If the principal is acquitted under a justifying circumstance of state of necessity, his acquittal
does not carry with it the acquittal of the accessory
f. If the principal is acquitted under the exempting circumstance of accident [Art 12(4)],
accessory is also acquitted

ARTICLE 20. Accessories who are exempt from criminal liabilities.


When accessory is exempt from criminal liability?
--Accessory is exempt from criminal liability when the principal is his:
1. Spouse
2. Ascendant
3. Descendant
4. Legitimate, natural, adopted siblings
5. Relatives by affinity with the same degrees
--He committed acts falling Art 19 (2) and (3).

Reason: Based on blood ties and the preservation of the cleanliness of ones name which compels one
to conceal crimes

When is a relative criminally liable as an accessory?


- When his act falls under Art 19(1) profiting from the effects of the crime
- Reason: Relative acted not under the natural impulse of blood or of close relationship but under
a motivation of material gain or profit