Sandoval Tips:

(part 1)
Arbitrary detention vs kidnapping
 The public officers liable for arbitrary detention must be vested with
authority to detain or order the detention of persons accused of a crime,
but when they detain a person they have no legal grounds therefor.
 In kidnapping, the act of detaining another is perpetrated by a private
individual

Articles 3, 4, 6 (memorize)
Article 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.

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

1. By any person committing a felony (delito) although the wrongful act

done be different from that which he intended.

2. By any person performing an act which would be an offense against

persons or property, were it not for the inherent impossibility of its
accomplishment or an account of the employment of inadequate or
ineffectual means.

Article 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.

Jason Ivler case

Facts: Following a vehicular collision in August 2004, petitioner Jason
Ivler (petitioner) was charged before the Metropolitan Trial Court of Pasig
City (MTC), with two separate offenses: (1) Reckless Imprudence
Resulting in Slight Physical Injuries for injuries sustained by respondent
Evangeline L. Ponce (respondent Ponce); and (2) Reckless Imprudence
Resulting in Homicide and Damage to Property for the death of
respondent Ponce’s husband Nestor C. Ponce and damage to the spouses
Ponce’s vehicle.

Held: Petitioner’s Conviction in Criminal Case No. 82367 Bars his

Prosecution in Criminal Case No. 82366

The accused negative constitutional right not to be "twice put in jeopardy

of punishment for the same offense" protects him from, among others,
post-conviction prosecution for the same offense, with the prior verdict
rendered by a court of competent jurisdiction upon a valid information.

Reckless imprudence under Article 365 is a single quasi-offense by itself

and not merely a means to commit other crimes such that conviction or
acquittal of such quasi-offense bars subsequent prosecution for the same
quasi-offense, regardless of its various resulting acts, undergirded this
Court’s unbroken chain of jurisprudence on double jeopardy as applied
to Article 365.

Suicide not a crime

But the one who gave assistance to those who commit suicide is liable.
 Giving assistance to suicide. - Any person who shall assist another to
commit suicide shall suffer the penalty of prision mayor; if such person
leads his assistance to another to the extent of doing the killing himself,
he shall suffer the penalty of reclusion temporal.

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

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.

Cybercrime committed by a Filipino (liable irrespective

where committed)
Section 21. Jurisdiction. — The Regional Trial Court shall have
jurisdiction over any violation of the provisions of this Act.
including any violation committed by a Filipino national regardless
of the place of commission. Jurisdiction shall lie if any of the elements
was committed within the Philippines or committed with the use of any
computer system wholly or partly situated in the country, or when by
such commission any damage is caused to a natural or juridical person
who, at the time the offense was committed, was in the Philippines.

Probation
"Probation" is a disposition under which a defendant, after conviction
and sentence, is released subject to conditions imposed by the court and
to the supervision of a probation officer.

Bersamin Case: Hubilla vs. People; When may probation not applicable

Republic Act No. 9344 nowhere allows the trial and appellate courts the
discretion to reduce or lower the penalty further, even for the sake of
enabling the child in conflict with the law to qualify for probation.
 Conformably with Section 9(a) of Presidential Decree 968,12 which
disqualifies from probation an offender sentenced to serve a maximum
term of imprisonment of more than six years, the petitioner could not
qualify for probation.

Pardon
Absolute Pardon" refers to the total extinction of the criminal liability of
the individual to whom it is granted without any condition. It restores to
the individual his civil and political rights and remits the penalty
imposed for the particular offense of which he was convicted;

Conditional Pardon" refers to the exemption of an individual, within

certain limits or conditions, from the punishment which the law inflicts
for the offense he had committed resulting in the partial extinction of his
criminal liability;

Robbery with homicide

 Committed: “When by reason or on the occasion of robbery, the crime of
homicide shall have been committed”. This phrase requires that there is
a causal connection between the robbery and the death, had it not been
for the robbery, there would have been no death
 The term “Homicide” is used in its generic sense and it includes any kind
of killing whether it be murder, parricide or infanticide, and irrespective
of how many killings were there.
 The killing may be intentional, or accidental. The killing may be by the
acts of the robber, or by the act of the victim, or act of a third person.
The person killed may be the victim of the robbery or his friend, or family
member. The person killed may even be one of the robbers themselves, or
a person wanting to assist or even a total stranger.
 The killing may be before, during, or immediately after the taking
provided that the original intent of the robbers must have been to rob
and not to kill, which need not be the sole motive either.
Bersamin Case: People vs. Villaflores; Nature of Rape
with Homicide as a Composite Crime, Explained
 The felony of rape with homicide is a composite crime. A composite
crime, also known as a special complex crime, is composed of two or
more crimes that the law treats as a single indivisible and unique offense
for being the product of a single criminal impulse. It is a specific crime
with a specific penalty provided by law, and differs from a compound or
complex crime under Article 48 of the Revised Penal Code.
 There are distinctions between a composite crime, on the one hand, and
a complex or compound crime under Article 48, supra, on the other
hand. In a composite crime, the composition of the offenses is fixed by
law; in a complex or compound crime, the combination of the offenses is
not specified but generalized, that is, grave and/or less grave, or one
offense being the necessary means to commit the other. For a composite
crime, the penalty for the specified combination of crimes is specific; for
a complex or compound crime, the penalty is that corresponding to the
most serious offense, to be imposed in the maximum period. A light
felony that accompanies a composite crime is absorbed; a light felony
that accompanies the commission of a complex or compound crime may
be the subject of a separate information.
 The phrases by reason of the rape and on the occasion of the rape
are crucial in determining whether the crime is a composite crime
or a complex or compound crime. The phrase by reason of the rape
obviously conveys the notion that the killing is due to the rape, the offense
the offender originally designed to commit. The victim of the rape is also
the victim of the killing. The indivisibility of the homicide and the rape
(attempted or consummated) is clear and admits of no doubt. In contrast,
the import of the phrase on the occasion of the rape may not be as easy
to determine. To understand what homicide may be covered by the
phrase on the occasion of the rape, a resort to the meaning the framers
of the law intended to convey thereby is helpful. Indeed, during the floor
deliberations of the Senate on Republic Act No. 8353, the legislative
intent on the import of the phrase on the occasion of the rape to refer
to a killing that occurs immediately before or after, or during the
commission itself of the attempted or consummated rape, where the
victim of the homicide may be a person other than the rape victim
herself for as long as the killing is linked to the rape.
Direct Assault
Art. 148. Direct assaults. — Any person or persons who, without a public
uprising, shall employ force or intimidation for the attainment of any of
the purpose enumerated in defining the crimes of rebellion and sedition,
or shall attack, employ force, or seriously intimidate or resist any person
in authority or any of his agents, while engaged in the performance of
official duties, or on occasion of such performance, shall suffer the
penalty of prision correccional in its medium and maximum periods and
a fine not exceeding P1,000 pesos, when the assault is committed with a
weapon or when the offender is a public officer or employee, or when the
offender lays hands upon a person in authority. If none of these
circumstances be present, the penalty of prision correccional in its
minimum period and a fine not exceeding P500 pesos shall be imposed.