Criminal Law- that branch of public law which defines crimes treats of their nature and provides for
their punishment.
COMMON LAW CRIMES- the body of principles, usages and rules of actions which do not result from
the express act of the legislature. There is no such crime in the Philippines.
NULLUM CRIMEN NULLA POENA SINE LEGE- there is no crime if there is no law punishing it.
1. General- criminal law is binding on all persons who live or sojourn in the Philippines.
2. Territorial- criminal laws are applicable only if the crime is committed within Philippine territory.
3. Prospective- criminal law cannot make an act punishable in a manner in which it was not
punishable when committed. See Art 366. (The law looks forward and not backwards)
Legends:
In the territorial waters the state is free to set its own laws.
In contiguous zones it can only create laws for the enforcement of pollution, taxation, customs
and immigration purposes.
In the ECC- the state has the right and the sole right to exploit its natural resources.
In the continental shelves- the state has the right to harvest minerals, non living creatures in its
subsoils etc.
1
Makamasa Arnaldo Gapit
1
Q: What comprise the Philippine Territory?
ANSWER:
a. The Philippine archipelago with all the islands and waters embraced therein;
b. All other territories over which the Philippines has sovereignty or jurisdiction;
c. The terrestial, fluvial and aerial domain including the territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas thereof; and
d. The internal waters.
1. Penal laws are strictly construed against the state and liberally in favor of the accused
2. If there is a conflict between the Spanish text and the English text, the Spanish text prevails.
1. If the new law is favorable to the accused in the sense that the penalty becomes lighter, then the
new law shall be applied. Except when the accused is a _______ ________.
2. But if the new law imposes a heavier penalty, the old law shall be applied, that is the law in forced
at the time of the commission of the offense shall be applied.
The old Penal Code which took effect until December 31, 1931.
Anacleto Diaz, Quintin Paredes, Guilermo Guevarra, Alex Reyes and Mariano De Joya
1. Classical (Juristic) Theory- the basis of criminal liability is human free will and the purpose of
penalty is retribution. Man is a moral creature with an absolute free will to choose between good
and evil.
2. Positivist (Realistic) Theory. Man is subdued occasionally by a strange and morbid
phenomenon which constrain him to do wrong. Crime is a social and natural phenomenon; it
2
cannot be treated therefore by the application of abstract principles of law or by the imposition of
punishment.
1. English Rule- the crime is punishable in the Philippines, unless the crime merely affects things
within the vessel.
2. French Rule- the crime is not triable in the courts of that country, unless their commission unless
their commission has effects on the safety of the coastal state.
1. No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a law that makes criminal an act
done before the passage of the law and which was innocent when done, and punishes such an
act; it may also be defined as a law which aggravates a crime, or makes it greater than it was,
when committed.
2. No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts punishment
without trial.
3. No person shall be deprived of life, liberty or property without due process of law- The law
must must be fair and reasonable and the accused must be given the opportunity to be heard and
be accorded the rights to which he is entitled.
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:
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.
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.
1. An act or omission
2. Act or omission punishable by the RPC
3. Act is performed or omission is incurred by means of dolo or culpa.
Act- is any bodily movement tending to produce some effects in the external world.
3
Omission- inaction, the failure to perform an act one is bound to do.
DEVELOPMENT/GENESIS OF A CRIME:
1. INTERNAL ACT
2. EXTERNAL ACT
a. Preparatory acts
b. Acts of execution
1. attempted
2. frustrated
3. consummated
IMPRUDENCE VS. NEGLIGENCE
1. Freedom of action
2. Intelligence
3. Intent
1. Freedom of action
2. Intelligence
3. Imprudent, negligent, or lack of foresight or lack of skill
Mistake of fact- is a misapprehension of fact on the part of the person who caused injury to another.
He is not liable for absence of criminal intent.
1. The act would have been lawful had the facts been as the accused believed them to be.
2. The intention of the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness on the part of the accused
Actus non facit reum nisi mens sit rea- the act itself does not make a man guilty unless his intention
was so.
Actus me invito factus nonest meus actus- an act done by me against my will is not my act.
2
The accused both police officers were convicted of murder when both shot a notorious criminal while the latter was caught
sleeping on his bed. The two argued that the deceased was very dangerous. This argument was debunked.
4
Motive- the moving power which impels one to action for a definite result. Intent is the purpose to use
a particular manes to effect such result. Motive is not an element of a crime and need not be proved.
Intent is an element and must be proved.
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.
Rationale of Par. 1- el que es causa de la causa es causa del mal causado- he who is the cause of the
cause is the cause of the evil caused.
IMPOSSIBLE CRIMES- those crimes which would have been committed against person or property
were it not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means. The purpose of the law in punishing impossible crime is to suppress
criminal propensities or tendencies. The penalty for impossible crime is arresto mayor or fine of P200-
500 (Article 59).
1. The act performed would have been an offense against persons or property.
2. The act was done with evil intent
3. Its accomplishment is inherently impossible because it the means either inadequate or ineffectual
4. The act does not constitute another violation of the RPC.
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 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.
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Comments:
Outline of Paragraph 1:
1. there is an act;
2. the act is reprehensible;
3. but the act is not punishable by the law;
4. the court shall render the proper decisison;
5. the court shall report to the Chief Executive through the DOJ
6. the report shall contain the reason why the said act should be more or less prohibited
and penalized.
Outline of Paragraph 2:
1. there is an act;
2. this time the act is punishable by the law;
3. but the penalty for the act is clearly excessive;
4. the law has not yet been declared unconstitutional;
5. the court shall render the proper decision;
6. it shall report to the Chief Executive through the DOJ
Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as those
which are frustrated and attempted, are punishable.
A felony is CONSUMATED 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 (ED) 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.
1. Consummated- when all the elements necessary for its accomplishment and execution are present
2. 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.
3. Attempted- when the offender commences the commission of a felony directly by overt acts, and
does not perform all the acts of execution which should produce the felony by reason of some cause
or accident other than his own spontaneous desistance.
DEVELOPMENT OF A CRIME
1. Internal acts- these are the mere ideas in the mind of a person
2. External acts-
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ATTEMPTED FELONY REQUISITES
INDETERMINATE OFFENSE- It is one where the purpose of the offender in performing an act is not
certain
Overt Act- some physical activity or deed more than a mere planning or preparation, which if carried out to
its complete termination following its natural course. Without being frustrated by external obstacles nor by
the voluntary desistance of the perpetrator, will logically and naturally ripen in a concrete offense.
Rational for spontaneous desistance: A sort of reward to those who heed the call of conscience and return
to the path of righteousness. But the desistance should be made before all the acts of execution are
performed.
Formal crimes- are crimes consummated in one instant. There is only one stage and that is
consummated stage. Material crimes have three stages of execution, attempted,
frustrated4 and consummated.
3
Supreme Court said: “it would be too strained to construe petitioner’s act of pressing a chemical-soaked cloth in the mouth of
Malou which would induce her to sleep as an overt act that will logically and naturally ripen into concrete rape. Petitioner did not
commence at all the performance of any act indicative of an intent or attempt to rape Malou. It cannot be overemphasized that
petitioner was fully clothed and that there was no attempt on his part to undress Malou. For what reason petitioner wanted the
complainant unconscious, if that was really his immediate intention, is anybody’s guess.” His act of embracing and kissing Malou,
mashing her breast, inserting his hand inside her panty and touching her sexual organ, while obscene and detestable acts, do not
constitute attempted rape absent any showing that he actually commenced to force his penis into the complainant’s sexual organ.
7
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 therefor.
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.
Conspiracy and Proposal to Commit a Felony- are punishable only in the cases in which the law specifically
provides a penalty therefore.
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 Art..
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.
Grave felonies- are those to which the law attaches the capital punishment or penalties which in any of
their period are afflictive. Less grave felonies are those which the law punishes with penalties which in
their maximum period are correctional. Light felonies are infraction of laws for the commission of which the
penalty of arresto menor or a fine not exceeding 200 pesos or both is provided.
4
In People vs. Aca-ac 357 SCRA 373 the Court said: “For the consummation of rape perfect penetration is not essential. Any
penetration of the female organ by the male organ is sufficient. Entry of the labia or lips of the female organ, without rupture of the
hymen, is sufficient to warrant conviction. Taking into account the nature, elements, and manner of execution of the crime of rape
and jurisprudence on the matter, it is hardly conceivable how the frustrated stage in rape can ever be committed.
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PRINCIPAL PENALTIES
Capital Punishment:
Death
Afflictive Penalties
Correctional penalties
Light penalties:
________________________________________________________________________
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.
Special Law- a law which defines and punishes act not found in the RPC
1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances
Imputability- the quality by which a criminal act maybe pinpointed to another as its doer or author.
Responsibility- is the obligation of an offender in suffering the consequences of a crime.
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JUSTIFYING CIRCUMSTANCES
Justifying circumstances- those where the act of a person is said to be in accordance with the law. As a
consequence he is freed from criminal and civil liability.
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior.
5. Any person who acts in the fulfillment of a duty or in the lawful Fulfillment of Duty
exercise of a right or office.
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REQUISITES OF SELF DEFENSE
1. Unlawful aggression;5
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
Unlawful aggression- is assault or at least threatened assault of an immediate and imminent kind.
* The belief of the accused is considered in determining the existence of unlawful aggression.
* But a mere threatening attitude is not unlawful aggression.
* Cases where the unlawful aggressor is disarmed
* The defender must not indiscriminately fire his weapon
Provocation- any unjust or improper conduct on the part of the offended party capable of inciting or
irritating any one.
5
Unlawful aggression is the first and indispensable requisite of self defense. Self defense may also include defense of honor,
property and others of a kindred kind. Mere or light push is not unlawful aggression. So as insulting words or foot kick greeting..
But a slap on the face is unlawful aggression. The mere thrusting into one’s pocket as if for the purpose of drawing a weapon is not
unlawful aggression. Even the cocking of a rifle without aiming the firearm at any particular target is not unlawful aggression.
6
The accused saw a man stealing a sack of palay from his Riceland. He shot the thief while running away. He was convicted and
made liable.
7
Reasonable necessity of the means employed does not imply material commensurability between the means of attack and
defense. What the law requires is a rational equivalence, in the consideration of which will enter as principal factors the
emergency, the imminent danger to which the person attacked is exposed, and the instinct more than reason, that moves or impels
the defense.
8
In People vs. Ubaldo 367 SCRA 432 the Supreme Court declared that the means used by the defender was unreasonable,
because the number of the gunshot wounds inflicted on the deceased shows that the means employed were hardly reasonable at all.
The nature and number of wounds inflicted upon the victim are important indicia which disprove self defense. The multiple
gunshot wounds inflicted upon the deceased show that appellant’s act was not one of self defense, but was a determined and
purposeful attack upon the victim.
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1. There must be no provocation made by the one claiming self defense;
2. Even if provocation was given, it must be sufficient provocation;
3. Even if the provocation was sufficient, but it was not given by the person claiming self-defense then there
is self defense.
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case the provocation was given by the person attacked, the one making the defense had no part
therein.
Relatives by affinity are those created by marriage such as parents in law, sons and daughters in
law
Relatives by consanguinity are relatives by nature or by blood relations. Siblings are within the 2nd
civil degree, whereas uncle and niece or aunt and nephew are within the 3rd civil degree, first
cousins are within the 4th civil degree.
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.
9
Strangers- are those not included in the enumeration of relatives in Art. 11 (2)
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FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE
REQUISITES
1. The accused acted in the performance of duty or in the lawful exercise of a right or office.
2. The injury caused is the consequence of the due performance10 of duty or the lawful exercise of such
right or office.
DOCTRINE OF SELF HELP- states that the owner or the lawful possessor of a thing has the right to
exclude any person from the enjoyment and disposal thereof. Thus he may use such force as may be
reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of
his property. (Art. 429 Civil Code)
EXEMPTING CIRCUMSTANCES
Exempting Circumstances- are those grounds for exemption from punishment because there is
wanting/missing in the agent of the crime any of the conditions which make the act voluntary or negligent.
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.
10
In Baxinela vs. People 485 SCRA 331, a policeman was held guilty when he shot at somebody who had a gun tucked around
his waist. When he shot the offended party the latter was not at all resisting. The shooting of the offended party cannot be
considered due performance of a duty if at that time the offended party posed no serious threat or harm to Baxinela or the civilians
in the pub.
11
Here, a fugitive was escaping from a policeman. In order to prevent the continued and imminent escape of the fugitive, the
policeman fired at the fugitive. The Supreme Court acquitted the policeman, on the ground that the killing was done in the
fulfillment of duty. But in People vs. Lagata, a jail guard shot to death a prisoner whom he thought was escaping. The Supreme
Court affirmed the conviction of the jail guard for homicide because the facts showed that the prisoner was not at all trying to
escape. The SC said that the jail guard could only fire at the prisoner in self defense or if absolutely necessary to avoid his
escape.
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3. A person over nine years of age and under fifteen, unless he has Minority
acted with discernment, in which case, such minor shall be proceeded
against in accordance with the provisions of Art. 80 of this Code.
(Repealed by RA 9344)
4. Any person who, while performing a lawful act with due care, causes Accident
an injury by mere accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force. Irresistible Force
6. Any person who acts under the impulse of an uncontrollable fear of Uncontrollable Fear
an equal or greater injury.
7. Any person who fails to perform an act required by law, when Lawful or Insuperable Cause
prevented by some lawful insuperable cause.
Imbecile- One who is old but has a mental development similar to children between the ages 2-7 years.
Insanity12- one which exists when there is a complete deprivation of intelligence in committing the
criminal act, that is the accused is deprived of reason and acts without the least discernment.
INSANITY AT THE TIME OF THE COMMISSION OF THE CRIME vs. INSANITY AT THE TIME OF TRIAL
Discernment- the mental capacity of a minor to distinguish between right from wrong and to fully appreciate
the consequences of his felonious acts. It may be shown by:
a. manner of committing the crime;
b. conduct of the offender
c. such other circumstances13
FOUR PERIOD OF HUMAN LIFE FROM THE VIEWPOINT OF THE PENAL CODE:
Child in Conflict with the Law- a child who is accused or adjudged of having committed an offense.
Initial contact with the child- refers to the apprehension of a child in conflict with the law by officers or
private citizens.
12
The condition known as dementia praecox is covered by the term insanity. So as Epilepsy may be covered by the term insanity.
However, that Kleptomania is also covered is still a debatable proposition. Somnambulism may be a cause for exemption for
lack of criminal intent.
13
Such may include: offender’s attempt to silence the victim, or his hiding of the corpus delicti or disposal of the evidence, or his
utterances and or overt acts before, during and after the commission of the crime.
14
Status Offense- offenses which discriminate only against a child while an adult does not suffer any penalty
for committing similar acts. Examples are: curfew violations, truancy, parental disobedience.
Section 6 RA 9344 says: A child 15 years of age or under at the time of the commission
of the offense shall be exempt from criminal liability.
A child above 15 years but below 18 shall likewise be exempt from criminal liability and be subjected to
intervention program unless he has acted with discernment.
Section 58 of the same law says: Persons below 18 years of age shall be exempt from prosecution for the
crime of vagrancy and prostitution, of mendicancy under PD 1563 and sniffing of rugby under PD 1619.
ACCIDENT REQUISITES
IRRESISTIBLE FORCE
Irresistible force- a force which produces such an effect upon an individual that, in spite of all resistance, it
reduces him to a mere instrument and as such incapable of committing a crime
UNCONTROLLABLE FEAR
The exempting circumstance of uncontrollable fear presupposes that the accused is compelled by means
of threat or intimidation by a third person to commit a crime.
ABSOLUTORY CAUSES
14
Here the accused was aiming his gun towards a wild chicken. However the bullet ricochets and hit a bystander. The accused was
exempted based on the defense of accident.
15
ENTRAPMENT vs. INSTIGATION
ENTRAPMENT INSTIGATION
1. Ways and means are resorted to for the purpose Here, the police practically induces the accused
of trapping and capturing the lawbreaker in the into the commission of the offense and he himself
execution of his plans becomes a co-principal
2. The intent to violate the law originated from the The intent to violate the law did not originate from
accused himself the accused as he was induced only by the police to
perform a criminal act
3. Not an absolutory cause hence does not exempt An absolutory cause that exempts one from criminal
from criminal liability liability
Battered Wife- a woman who is repeatedly subjected to any forceful physical or psychological behavior by
a man in order to do something he wants her to do without concern for her rights. It includes wives or
woman in any form of intimate relationship with a man. The couple must go through the battering cycle at
least twice.
MITIGATING CIRCUMSTANCES
Mitigating circumstances-those which if present in the commission of a crime, do not entirely free the
actor from criminal liability but reduces only the penalty.
16
Long (Complete) Version Short Version
1. Those mentioned in the preceding chapter, when all the requisites Incomplete Justifying or
necessary to justify or to exempt from criminal liability in the respective Incomplete Exempting
cases are not attendant. 15 Circumstances
2. That the offender is under eighteen year of age or over seventy years. Minority (Under 18)
In the case of the minor, he shall be proceeded against in accordance
with the provisions of Art. 80. (Correlate with RA 9344)
3. That the offender had no intention to commit so grave a wrong as that Praeter Intentionem
committed.
4. That sufficient provocation or threat on the part of the offended party Sufficient Provocation or
immediately preceded the act. Threat
5. That the act was committed in the immediate vindication of a grave Vindication
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 Passion or Obfuscation
produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in Voluntary Surrender or
authority or his agents, or that he had voluntarily confessed his guilt Voluntary Confession of 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 Handicapped or
physical defect which thus restricts his means of action, defense, or Defects
communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will- Other Illnesses
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 Circumstances
analogous to those above mentioned.
This mitigating circumstance is invocable only in felonies resulting in some physical harm like physical
injuries, homicide etc.
15
The penalty would be one or two degrees lower in the period which the court may consider proper than that prescribed by law,
provided majority of the conditions are present (Article 69).
16
The accused husband saw a shadow of a man jumping down from the window of his house where his wife was at the time. Upon
confronting his wife as to who was that man, the wife immediately begged for pardon. The husband did an offense against the
wife. The husband was convicted but in his favor, the mitigating circumstance of “immediate provocation” was considered.
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IMMEDIATE VINDICATION OF A GRAVE OFFENSE
PROVOCATION VINDICATION
1. Provocation is made only to the person In vindication, the grave offense may be committed
committing the felony against the spouse, the ascendants, descendants,
brothers or sisters or relatives by affinity within the
same degree of the offender.
2. In provocation the provocation need not be grave In vindication, the offended party must have done a
grave offense to the offender or his relatives
3. In provocation, the provocation or threat must 3. In vindication, the vindication of the grave offense
immediately preceded the act may be proximate, which admits of interval of time
between the commission of the grave offense and
the commission of the crime by the accused.
VOLUNTARY SURRENDER
AGGRAVATING CIRCUMSTANCES
Aggravating Circumstances- are those which if attendant in the commission of the offense, would serve to
increase the penalty.
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 Reiteracion or habituality
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 Price reward or promise
promise.
19
12. That the crime be committed by means of inundation, fire, poison, Inundation, fire, poison etc.
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 evident premeditation. Evident premeditation
14. That the craft, fraud or disguise be employed. Craft, fraud or disguise
15. That advantage be taken of superior strength, or means be Advantage of superior strength
employed to weaken the defense. or means to weaken the
defense
16. That the act be committed with treachery (alevosia). Treachery
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
ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry. There is an Unlawful entry
unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken
19. That as a means to the commission of the crime a wall, roof, floor, Broken wall, roof, floor etc.
door, or window be broken.
20. That the crime be committed with the aid of persons under fifteen Aid or persons under 15 years
years of age or by means of motor vehicles, motorized watercraft, old or use of motor vehicle
airships, or other similar means.
21. That the wrong done in the commission of the crime be deliberately Cruelty
augmented by causing other wrong not necessary for its commissions.
NIGHTIME- that period of darkness beginning at end of dusk and ending at dawn.
17
Here, the police officers used their position to execute a sort of “hulidap” against the victims.
20
If the locus criminis is lighted no aggravating of nighttime
UNINHABITED PLACE- one where there are no houses or where the houses are scattered at a great
distance from each other
BAND- whenever more than three armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have been committed by a band.
RECIDIVIST- one who at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of the Revised Penal Code.
EVIDENT PREMEDITATION- it involves a determination to commit the crime prior to the moment of its
execution and also to carry out the criminal intent which must be the result of deliberate, calculated and
reflective thoughts through a period of time sufficient to dispassionately consider and accept the
consequences thereof, thus indicating greater perversity
18
There are four forms of criminal repetition under the Penal Code. They are: a. recidivism, b. reiteration or habituality c.
habitual delinquency and d. quasi recidivism
21
Q: What is the essence of evident premeditation?
A: The essence of evident premeditation 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.
The latest ruling is that premeditation is not aggravating when the victim is different from that
intended19
CRAFT- is a circumstance characterized by trickery or cunning resorted to by the accused, to carry out his
design. It is the use of intellectual trickery and cunning on the part of the accused.
FRAUD- insidious words or machinations used to induce the victim to act in a manner which would enable
the offender to carry out his design.
DISGUISE- it involves the deliberate effort of the accused to conceal his identity in the commission of the
crime.
TREACHERY20- 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.
IGNOMINY- is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the
material injury caused by the crime. It is a circumstance that tends to make the effects of the crime more
humiliating, thus adding to the victim’s moral sufferings.
UNLAWFUL ENTRY- there is unlawful entry when an entrance is affected by a way not intended for the
purpose.
19
People vs. Ventura 5 July 2004 433 SCRA 389. However, if it is shown that the conspirators wee determined to kill not only the
intended victim but also anyone who may help put a violent resistance, then evident premeditation will be appreciated.
20
In People vs. Jarolon 404 SCRA 564, SC said: The killing of a minor who, because of their tender age, could not be expected to
put up a defense, is considered attended with treachery even if the manner of the attack is not shown. The killing is hence,
qualified to murder. Also treachery may also be appreciated in the crime of robbery with homicide although this complex crime
is predominantly a crime against property.
21
The accused used a flashlight and examined the genital of the rape victim before raping her.
22
Here the accused raped the victim doggie style
23
If the motor vehicle is used only for escaping there is no aggravating circumstance.
22
CRUELTY- a circumstance whereby the offender enjoys and delights in making his victim suffer slowly and
gradually, causing him unnecessary physical pain in the consummation of his criminal act.
Under RA 8294 6 July 1997, the use of unlicensed firearm merely becomes an aggravating
circumstance if murder or homicide was committed with the use thereof. But if the unlicensed firearm
is used in the commission of any crime25, there can be no separate offense of illegal possession of
firearm.
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.
Alternative Circumstance- 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.
Art. 16. Who are criminally liable. — The following are criminally liable for grave and less grave felonies:
24
It was intimated by the Supreme court that there would have been cruelty had the victim’s penis was cut-off by the offender
prior to the victim’s actual killing. In this case the cutting off the penis was considered as outraging or scoffing at ones corpses
under par. 5 Article 248.
25
Such as alarms and scandals or slight physical injuries punishable by arresto menor.
26
Under the new rules on criminal procedure, the qualifying and aggravating circumstances must be alleged in the information.
Otherwise they may not be appreciated. However in cases where they are not alleged, they may nevertheless, be considered in the
award of damages.
27
Relationship is aggravating in crimes against persons when the parties are of the same level such as a brother killing a brother.
23
1. Principals.
2. Accomplices.
3. Accessories.
2. Accomplices.
WHO ARE THE PERSONS WHO MAY BE CRIMINALLY LIABLE (Degree of participation)
1. Principals
2. Accomplices
3. Accessories
3. Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished.
1. Those who take a direct part in the execution of the act. (PRINCIPAL BY DIRECT
PARTICIPATION)
2. Those who directly forced or induced others to commit it. (PRINCIPAL BY INDUCEMENT OR
INDUCTION)
3. Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished (PRINCIPAL BY INDISPENSABLE COOPERATION)
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.
WHO/WHAT IS AN ACCOMPLICE?
Accomplices- are those persons who not being principals, cooperate in the execution of an 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.
24
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to
prevent its discovery.
3. (FOR PUBLIC OFFICIALS ONLY ) 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
(FOR PRIVATE PERSONS ALSO) 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.
WHO ARE THE ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILTY?
The spouse, ascendants, descendants, brothers and sisters or relatives by affinity within the same
degree. (Note: Except paragraph one)
Penalty- is the suffering inflicted by the State for the transgression of the law.
1. Must be commensurate with the offense- different crimes have different penalties under the law.
2. Must be personal- A person should be held accountable for his own actions. No person should be
punished for the crime of another
3. Certain- No person must escape the penalty.
4. Legal- The penalty must be in accordance with the law
1. Exemplarity- to serve as an example to others and deter them from emulating the criminal.
2. Justice- Criminal is punished as an act of retributive justice.
3. Prevention- To suppress or prevent the danger to the State of the acts of the criminal.
4. Reformation- Under the modern concept of correction the criminal is punished in order to rehabilitate
or reform him.
5. Self Defense- To protect the society against the threats and actions of the criminals.
2. imposed for violations of special laws Imposed for violations of felonies punishable under
the Revised Penal Code
3. does not have accessory penalties Has accessory penalties
25
Q: What penalty may be imposed by the state? (Prospective character)
A: No felony shall be punishable by any penalty not prescribed by law prior to its commission (Art.21)
Note: An accused undergoes preventive imprisonment when the offense charged is non bailable or even if
bailable he cannot furnish the required bail. Now if an accused does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with
4/5 of the time during which he has undergone preventive imprisonment.
Pardon- is an act of grace proceeding from the power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has
committed. A pardon may either be a conditional or absolute.
26
LIMITATIONS ON THE PARDONING POWER OF THE PRESIDENT
1. When the principal penalty is higher than prision correctional no subsidiary imprisonment shall be
impose.
2. If the principal penalty be prison correctional or arresto and fine, his subsidiary imprisonment shall
not exceed 1/3 of the term of the sentence, and in no case shall it continue for more than one year
3. When the principal penalty is only fine, subsidiary imprisonment shall not exceed six months, if the
offender is prosecuted for grave or less grave felonies, and shall not exceed 15 days if for a light
felony.
4. The subsidiary penalty which he may have suffered shall not relieve him from the fine in case his
financial circumstances should improve. (Art.39)
Note: Articles 40-44 are merely enumeration of accessory penalties for each penalty.
27
Q: What is a complex crime?
A: There is a complex crime when a single act constitutes two or more grave or less grave felonies, or when
an offense is a necessary means for committing the other. (In which case the penalty for the more serious
crime shall be imposed in its maximum period-Art 48).28
1. When a single act constitutes two or more grave or less grave felonies- (compound crime or delito
compuesto)
2. When an offense is a necessary means of committing the other- (complex crime proper or delito
complejo)
Plurality of crimes- consist in the successive execution by one individual of different criminal acts upon
which no conviction is yet declared. It could either be formal or ideal plurality of which art. 48 is the best
example, that is there is only one criminal liability or real or material plurality where there are different
crimes in the eyes of the law and in the conscience of the offender. Hence in real or material plurality the
offender is punished for each and every offense that he committed.
SCALE NO. 1
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto Mayor
7. Destierro
8. Arresto Menor
9. Public Censure
10. Fine
SCALE NO.2
28
Our rules on complex crime follow the pro reo principle
29
This is a summary of the rules established in articles 50-57 RPC. A degree is one whole penalty or one entire penalty as
enumerated in the graduated scale in article 71. on the other hand, a period is one of the three equal portions which are known as
the minimum, medium and maximum.
28
2. Temporary absolute disqualification
3. Suspension from public office, the right to vote and be voted for, and the right to follow a profession
or calling
4. Public censure
5. Fine
a. When in the commission of a crime advantage was taken by the offender of his public position,
the maximum penalty shall be imposed regardless of mitigating circumstances.
b. The maximum penalty shall be impose if the offense was committed by any person who belongs to
an organized/syndicated group. An organized or syndicated group means a group of two or more
persons collaborating, confederating, or mutually helping one another for the purpose of gain in the
commission of a crime.
2. Aggravating or mitigating circumstances which arise from the moral attributes of the offender or from
his private relations with the offended party, or from any other personal cause, shall serve only to
aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such
circumstances are attendant.
The circumstances which consist in the material execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the liability of only those persons who had knowledge
of them at the time of the execution of the act or their cooperation therein.
A: A person shall be deemed a habitual delinquent if within a period of ten years from the date of his
release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa, or
falsification, he is found guilty of any of said crimes a third time or oftener.
1. 9-15 = a discretionary penalty is imposed but always lowered by 2 degrees than that prescribed by
law for the crime he committed
2. Over 15 but under 18= a penalty next lower than that prescribed by law but always in the proper
period.
Q: Enumerate the proper order of severity of penalty from the highest to the lowest.
A: 1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision Mayor
29
5. Prision Correctional
6. Arresto mayor
7. Arresto menor
8. Destierro
9. Perpetual Absolute Disqualification
10. Temporary Absolute Disqualification
11. Suspension from public office, the right to vote and be voted for, profession
12. Public censure
Note: Articles 81-85 are provisions that have something to do with the death penalty. These provisions have
no longer any relevance except for academic purposes by reason of the enactment of RA 9346-An Act
Prohibiting the Imposition of the Death Penalty.30
Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal jail, or in the
house of the defendant himself under the surveillance of an officer of the law, when the court so provides in
its decision, taking into consideration the health of the offender and other reasons which may seem
satisfactory to it.
30
Under art 83- the death sentence shall be suspended when the woman is pregnant and within one year after delivery. Also the
death sentence shall not be inflicted upon a person over 70 years of age. Under article 85 it is prohibited to bury the dead body of a
person legally executed with pomp, otherwise the offenders are liable under article 153 on tumults and disturbances. But again,
these provisions no longer have any application. In retrospect it used to be that the Supreme Court automatically reviews the
decision of lower courts, whenever they imposed the penalty of death, reclusion perpetua or life imprisonment. However on July
7, 2004 in the case of People vs. Mateo, the Supreme Court said that such review should be undertaken by the Court of Appeals
first in pursuant to the hierarchy of courts doctrine.
30
There must be a court statement that the accused serve the sentence in his house. The grounds could be
for health reasons, and others (humanitarian)
AMNESTY vs PARDON
AMNESTY PARDON
Made by the President with the concurrence of Made by the President alone
Congress
Usually extended to political crimes Extended to any type of crime
May be extended even before conviction or before May be given only after final conviction
trial
Looks backward Looks forward
PRESCRITION OF CRIMES
Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run
from the day on which the crime is discovered by the offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or information, and shall commence to run again when
such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped
for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
31
* The period of prescription shall commence to run from the day on which the crime is discovered by the
offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or
information, and shall commence to run again when such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. It shall not run when
the offender is absent from the Philippines (Art.91)
PRESCRIPTION OF PENALTIES31
PENALTY PRESCRIBES IN
Death and reclusion Perpetua 20 years
Other afflictive penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years
Light penalties 1 year
* Prescription of penalties shall commence to run from the date when the culprit should evade the service
of his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to
some foreign country with which the government has no extradition treaty, or should commit another crime
before the expiration of the period of prescription (Art.93)
1. By conditional pardon- a contract between the president and the convict the former will release the
latter upon compliance with certain conditions.
2. By commutation of sentence- it is the reduction of the period of imprisonment of the offender or
the amount of the fine.
3. For good conduct time allowance- are deductions from the term of the sentence for good behavior
of the convicted prisoner.
4. Parole- consists of the suspension of the sentence of a convict after serving the minimum term of
the indeterminate penalty.
Art. 102. Subsidiary civil liability32 of innkeepers, tavern keepers and proprietors of establishments-
In default of persons criminally liable, innkeepers, tavernkeeprs, and any other persons or corporations shall
31
To be operational, the prisoner must escape. One who has not been committed to prison cannot be said to have escaped
therefrom. See Del Castillo vs. Torrecampo 394 SCRA 221
32
be civilly liable for crimes committed in their establishments, in cases where a violation of municipal
ordinances or some general or special police regulations shall have been committed by them or their
employees.
Innkeepers are also subsidiary liable for the restitution of goods taken by robbery or theft within their
houses from guests lodging therein, or for the payment of the value thereof, provided that such guests shall
have notified in advance the innkeepers himself, or the person representing him, of the deposit of such
goods within the inn, and shall furthermore have followed the directions which such innkeepers or his
representative may have given them with respect to the care and vigilance over such goods. No liability
shall attach in case of robbery with violence against or intimidation of persons unless committed by the
innkeepers’ employees.
Art. 103. Subsidiary civil liability of other persons- The subsidiary liability established in the next
preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of
industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the
discharge of their duties.
1. Restitution
2. Reparation of damage caused
3. Indemnification of consequential damage
Art. 105. Restitution how made- The restitution of the thing itself must be made whenever possible, with
allowance for any deterioration or diminution of value.
The thing itself shall be restored, even though it be found in the possession of a third person who has
acquired it by lawful means, saving to the latter his action against the proper person who may be liable to
him.
Art. 106. Reparation- The court shall determine the amount of damage, taking into consideration the price
of the thing, and its special sentimental value to the injured party.
32
Proof of due diligence of the employer in the selection and supervision of employees is not a defense on the part of the employer
and will not free him from subsidiary liability.
33
Art. 107. Indemnification- Indemnification of consequential damages shall include not only those caused
the injured party, but also those suffered by his family or by third person by reason of the crime.
Modes of Extinction of Civil Liability- Civil liability is extinguished in the same manner as other
obligations, in accordance with the provisions of the Civil Code namely:
1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of the rights of creditor and debtor
5. Compensation
6. Novation and others (See Art. 1231 Civil Code).
34