RPC Book 1 Panic Reviewer RGTuazon

RPC Book 1 and SPLs
Bar Saturday Panic

Reviewer
Copyright (2011)
Roland Glenn T. Tuazon
Ateneo de Manila School of Law
Feel free to share, but no watermarking please
Contents
FUNDAMENTAL PRINCIPLES AND FELONIES ................................. 1
CIRCUMSTANCES AFFECTING
LIABILITY
..................................... 6
PERSONS CRIMINALLY LIABLE .............................................. 15

PENALTIES .................................................................... 17
MODIFICATION
AND EXTINCTION OF CRIMINAL LIABILITY
.............. 23
Art. 2: territoriality principle
FUNDAMENTAL PRINCIPLES AND FELONIES
What are examples of laws in Philippine criminal law that

follow the positivist theory?
o
1. ISL
o
2. Habitual delinquency law
o
These are not for retribution, but reformation
What is the principle of generality?
o
Penal laws apply to all those who live or sojourn in the
Philippines, subject to international law or treaty stipulations.
Glenn Tuazon | RPC Book 1 Bar Saturday Reviewer
Page 1
Immunities from criminal prosecution by certain individuals:

o
1. Covered by the VCDR or exempted by treaties/laws or
preferential application
Who are the diplomats covered?
A)
ambassadors,
ambassadors
extraordinary
B) ministers and papal internuncios
C) ministers-residents
D) charges-de-affaires
Does not cover personal and private acts (Liang)
Temporarily restrain, declare as persona non grata,

or have the sending State recall for prosecution
Consuls not included, except by agreement

o
2. AFP members charged with service-connected offenses
Includes members of CAFGU
If not service-connected offenses: civilian courts
Service-connected offenses: courts-martial
Except if President, before arraignment,

refers the crime to civilian courts in interest
of justice. Must be covered by RPC/SPL
Viz. PNP members covered by civilian courts

o
3. Immunity under law/transactional immunity
Ex. OEC one who reports election offenses, even if

he is involved
Ex. PD 749 informants for bribery, corruption
Exceptions to territoriality:
o
1. Commission of an offense in a Philippine ship or airship
Technically not an exception (vessel = RP territory)
Nationality of the ship depends on its registration

o
2. Forging or counterfeiting Philippine coins, notes, or
government securities
o
3. Introduction into the Philippines of the forged/counterfeited
notes, coins, or government securities
o
4. Public officers and employees who commit an offense in
the exercise of their duties
o
5. Commission of any of the crimes against national security
and the law of nations
Book II, Title 1 crimes

Differentiate the English from the French rule:
English (territorial) territorial State has jurisdiction, except

when it merely concerns internal management of the vessel
o
French (flag) flag of registration has offense, as long as it
does not disturb the peace
o
Notes:
English vessel in RP. Accused was smoking opium

inside the ship.
Applying English rule, it has a
pernicious effect on RP territory can be prosecuted
RP vessel in Vietnam. Accused got drunk and shot

three people. Vietnam didnt prosecute him. can be
prosecuted; RP deviated from English rule because
Vietnam didnt prosecute him (lost priority)
o
UNCLOS criminal law of a State may not be enforced by
boarding a vessel except if measures are to suppress illegal
drugs in a commercial vessel that passes by territorial sea
High seas:
o
Free for all; ex. Piracy can be prosecuted on high seas
penalty
Ex. X wanted to kill Y

but killed his father
instead. Apply maximum
of homicide instead of
parricide
Ex. X wanted to kill Y
but killed Z instead. No
change in penalty.
Praeter intentionem
Art. 3: felonies
What are the two components of felonies by dolo?

o
1. Act and omission punishable by law (physical act)
o
2. Mens rea (intent)
What about culpa?
o
Negligence, imprudence, lack of foresight, or lack of skill
May someone be held criminally liable for crimes of omission?
o
YES. The following must concur:
1. There is a positive duty provided by law
2. Accused acted voluntarily to not do a positive duty
3. Criminal intent in refusing to do it

o
Examples: misprision of treason, prevaricacion, fraud on
treasury
Circumstance
When applicable
Common
or
implication
Mistake of fact
No
criminal
intent,
acting with GF, no
negligence
Not culpable
Abberatio ictus
Mistake in victim of the

blow
Complex
crime;
treachery can apply
Error in personae
Mistake in identity
No change or maximum
period of the lesser
usual
Page 2
Did
not
intend
to
commit so grave a
wrong
as
that
committed
Mitigating circumstances
under Art. 13
Except if means used
would
logically
and
naturally bring about the
actual felony
What is the rule on specific intent felonies?

o
1. Generally, prosecution must prove beyond reasonable
doubt the specific intent
o
2. But sometimes, specific intent may be presumed
Ex. Homicide: intent to kill is presumed. But for

attempted homicide, intent to kill is not presumed.
Ex. Theft: possession of recently stolen property

Must motive be proved for dolo?
o
Not in general; it is not an essential element of the crime
o
Exceptions:
1. Political crimes where rebellion for instance

absorbs murder and other component crimes
2. Death by exceptional circumstances must be to

avenge dishonor
3. When there is doubt whether the accused

committed the crime, as regards his identity
When is criminal intent not needed to commit a crime?
o
1. Culpa
o
2. Crimes malum prohibitum
Is reckless imprudence under 365 a felony under Art. 3?
o
Yes. It is a quasi-offense.
o
In Art. 3, culpa is a mode of committing a crime; in Art. 365,
culpa itself is the crime
Notes re: culpa and reckless imprudence:
o
o
o
o
SPLs:
o
o
o
o
o
Mistake in identity is not reckless imprudence, because the

crime is deliberately committed although the victim is wrong
No conspiracy from negligence
If information charges intentional felony, and what is proved
is culpable felony, this is valid as it is necessarily included
One person can be liable for dolo, and the other by culpa
Pugay: X poured gasoline on the victim; Y lit the

match. X is liable for reckless imprudence resulting
into homicide; Y is liable for homicide
Reckless imprudence can result into a complex crime (ex.
reckless imprudence resulting into homicide)
Not all SPL crimes are malum prohibitum (ex. plunder,

tampering with election results), although most are (ex.
illegal possession of firearms, violation of trust receipts law,
anti-fencing law).
One can be liable for both felony and SPL in one delict (ex. BP
22 and estafa; illegal recruitment and estafa)
There can special complex crime involving SPL and felony (ex.
carnapping with murder)
Felony by dolo/culpa cannot absorb a crime malum
prohibitum
There is no conspiracy to commit malum prohibitum
(although in Tigoy the SC applies conspiracy to violation of
Forestry Code)
Par. 2 impossible crimes
Art. 4: felonies and impossible crimes

Par.1 natural and logical consequence of felonies
Rule on liability for those who have committed a felony:

o
Liable for natural (ordinary course of things) and logical
(reasonable connection) consequences of his criminal act
o
The act must be the proximate cause of the effect.
Circumstances NOT affecting proximate cause:
o
1. Pre-existing condition of the victim (pathological)
o
2. Negligence of doctor
o
3. Refusal to get medical help or delay in getting it
When something is not proximate cause:
o
1. There is an active force that intervened between the felony
committed and the death of the victim,
o
2. The resulting injury or damage is the intentional act of the
victim.
Page 3
Notes:
o
Even if the resulting wrongful act is different from the
offenders intent, he is liable if the resulting act is natural and
logical consequence
o
Ex. forcibly inserted vibrator in anus of victim but it was rusty
so he died (sexual assault with homicide)
o
Ex. kidnapping victim died from fear (kidnapping with
homicide)
o
Ex. robbed victim, who ran away and jumped into a river and
drowned (robbery with homicide)
o
Ex. inflicted mortal wound and the doctor was negligent so
the victim died (still homicide)
Does Art. 4, par. 1 regarding liability for natural and logical
consequences apply to culpable felonies?
o
No. Par. (1) is specific: it refers only to delitos. Art. 365 will
apply instead.
o
NOTE: Boado has a different opinion, noting that delitos
means felony in general, which can include culpable felonies.
The classic example she gives is person X jumping off a
building to commit suicide, but does not die because he lands
on Y, who dies. X is liable for the death of Y even if
committing suicide is not a crime per se.
Elements of impossible crime:

o
1. The offender performed an act which would be an offense
against persons or property
o
2. He performed the act with criminal intent
o
3. Accomplishment of the act is inherently impossible or the
means employed were inadequate or ineffectual
Notes:
o
Factual or physical impossibility there is intent and
performance but no accomplishment due to extraneous
circumstances making it impossible
Ex. Firing guns into empty bedroom, not knowing

victim was on holiday
N.B. The condition must be unknown to the offender.

If he knew the impossibility, there is no crime.
o
Legal impossibility there is intent and performance of a
crime, but the consequence could not result into a crime
The act is completed, but it could not amount to a

crime
Ex. Offender stole a watch, but it turned out to be

his
An impossible crime is not a crime, but it is punished because
the law seeks to curb criminal tendencies
Penalty is arresto mayor (which may lead to weird situations
where the intended crime is slight PI is punishable by arresto
menor, but if impossible, it is punished by arresto mayor)
o
o
Art. 5: Duty of courts to report
When courts must report to President through DOJ:

o
1. Acts which are not punishable by law, but should be
o
2. Clearly excessive punishment
Notes:
o
But the court must still render the judgment
o
Clemency is the executives prerogative
Art. 6: Stages of consummation
Consummated crime:
o
When all the acts necessary for its accomplishment and
execution are present.
o
The accused has reached the objective stage of the offense as
he no longer has control of his acts, having performed all that
is necessary to accomplish the purpose.
Attempted crime:
o
1. Commenced execution directly, by overt acts
There is direct connection to crime intended to be

committed must have an immediate and necessary
connection.
Differs from preparatory acts, which are just means

or measures necessary to produce the desired end.
o
2. But offender did not complete all acts of execution to
produce the felony
Still at the subjective phase of commission still

has not completed the needed acts yet
o
3. Due to cause or accident other than spontaneous
desistance
Frustrated crime:
o
1. All acts of execution needed to produce the felony present
Objective stage has been reached
Page 4
2. But it was not produced by reason of causes independent

of the perpetrators will
Notes:
o
For frustrated homicide, the wound inflicted must be mortal
o
If frustrated crime was charged and only attempt is proved, it
is valid necessarily included. Same with consummated
crime vis--vis frustration or attempt
Crimes where no frustrated stages exist:
o
1. Rape, sexual assault, adultery as long as penis enters
labia majora
o
2. Robbery, theft mere possession, however brief
o
3. Falsification of public document unless the falsification is
so imperfect
o
4. Arson mere burning consummates
o
5. Corruption of public officials mere acceptance by public
officer of offer
Formal crimes (no attempt or frustration):
o
1. Physical injuries because punishment is based on result
and gravity of injury
o
2. Slander moment words are uttered and heard,
consummated
o
3. Felonies by omission
o
4. Felonies by culpa
Art. 7: light felonies
Light felonies:
o
1. Penalized by arresto menor or less
o
2. Fine not exceeding 200 pesos
Notes:
o
Only punished when consummated, except those against
persons or property
o
Only principals and accomplices are punished
o
Ex. reckless imprudence resulting into slight PI (just public
censure)
Art. 8: conspiracy and proposal
Elements of conspiracy:
o
1. Two or more persons come to an agreement concerning
the commission of a felony
o
2. They decide to commit it
Elements of proposal:
o
1. Person who has decided to commit a felony
o
2. He proposes its execution to some other person or persons
What are the two types of conspiracy?
o
1. Express conspiracy
There is prior agreement
A conspirator is liable as long as he appeared in the

scene of the crime.
Except when one is the mastermind (PDI)

o
2. Implied conspiracy
Deduced from the acts of the offenders.
The agreement to pursue a common design and the

unity of purpose is instantaneous.
Conspirator must participate in the commission of

the crime; mere presence is not enough because
there is no prior agreement
Types of special conspiracy
o
1. Wheel conspiracy there is one person (hub) and his
underlings (stokes)
o
2. Chain conspiracy using legitimate enterprise to distribute
narcotics
o
3. Enterprise conspiracy Racketeer Influenced and Corrupt
Organizations (RICO)
Characteristics of conspiracy:
o
1. Singularity of intent
o
2. Unity in the execution of the unlawful objective
Article 8 vis--vis SPLs:
o
If the SPL provides that conspiracy to commit a crime under
that law is a crime in itself, then it is
Ex. DDA, Sec. 26: conspiracy to commit any of those

crimes enumerated in that section is a crime by itself
Ex. HSA: conspiracy to commit terrorism
o
If there is no provision in the SPL, Art. 8 can be considered a
mere mode to commit that crime
Andan: Two or more persons who conspire to

commit a crime of BP 22 liable under Art. 8 of RPC
Recall Tigoy re: conspiracy to violate Forestry Code

Article 4 par. 1 vis--vis Article 8:
o
Act of one is act of all, including probable and natural
consequences unintended at the beginning
o
Liability extends to collateral acts incidental to and growing
out of the conspiracy
Page 5
X and Y agreed to rob the victim only. But he resisted

and X killed the victim.
HELD: All the conspirators, thus both X and Y, are

guilty of robbery with homicide.
Exception: if one co-conspirator prevented the others from
committing the other component crime, even if he did not
succeed
One of the co-conspirators (ex. robbers) prevented the
others from committing the extra act of homicide or
rape.
HELD: He is only liable for robbery only, and not

homicide and rape.
It does not matter if he
succeeds in preventing them of not.
If one act differs radically and substantively from that which
they intended to commit, only the person committing that act
is liable. (Ex. X, Y, and Z committed robbery. After they all
escaped, X a car and carnapped it after)
Mere failure or refusal to flee after commission of the crime is
not a disavowal of the conspiracy. There must be an overt
act to disassociate oneself from the conspiracy.
Notes:
o
In general, conspiracy or proposal is not a felony. It is a
mode of incurring criminal liability
o
But some conspiracies or proposals are punished as crimes
per se (ex. conspiracy to commit treason). But once the
actual crime is committed, conspiracy loses juridical existence
o
Conspiracy must be proved beyond reasonable doubt, but it
can be proved by inferences and other indirect proof (like
actions before, during, after the crime)
o
Conspiracy continues until the object is attained, it is
abandoned, or the conspirators are arrested
o
Evident premeditation only applies for express conspiracies.
It does not apply to implied conspiracies, because these are
spontaneous.
o
AC of price, reward, or promise applies to the co-conspirators
acting as offeror and acceptor
o
Mere laxity of public officer to investigate or prosecute is not
proof that he is a co-conspirator, unless he had
foreknowledge and participation in the crime
What are the possible liabilities of a head of office when his
subordinates are able to conspire to commit a crime?
o
o
o
1. Conspiracy (if he is aware of the design and agreed to it)

2. Culpa if he is not part of the conspiracy because there
can be no conspiracy by culpa
Arias doctrine: The head of office can rely to a reasonable
extent on his subordinates and their GF. There is no culpa if
he fails to examine an error. There has to be a special reason
why he should examine acts or papers in detail.
CIRCUMSTANCES AFFECTING LIABILITY

Art. 11: justifying circumstances
Art. 9: severity of felonies
Classify felonies as to severity:

o
1. Grave felonies
Capital punishment
Afflictive penalties (PM to RP)

o
2. Less grave felonies
Correctional penalties in their maximum period

(destierro, suspension, AM, PC)
o
3. Light felonies
Arresto menor (Am)
Fine not exceeding P200
N.B. but in Article 26, P200 is already correctional

Notes:
o
Complex crimes require grave or less grave felonies
o
Classification determines duration of the subsidiary penalty
o
Different prescriptive periods
o
Determines whether there is delay in the delivery of the
detained persons to the judicial authority
o
Penalty for quasi-offenses (Art. 365)
Art. 10
Notes:
o
In general, RPC provisions do not apply in SPLs
o
But the RPC is suppletory to SPLs, unless provided otherwise
o
If penalty in SPL uses RPC nomenclature, apply RPC
suppletorily (ex. MCs)
Special cases:
o
In RA 9165 (DDA), RPC provisions only apply to minor
offenders
o
Anti-hazing law excludes praeter intentionem as a defense
o
HSA conviction of a person under HSA is a bar to
prosecution of that person under RPC/SPL for predicate crime
o
RA 7610 if the child victim of murder, homicide, intentional
mutilation, or SPI is under 12 years old, apply RPC (RP)
Page 6
RA 9262 if offender commits physical violence with intent to

kill (or actually kills victim), crime is under RPC, not VAWC
Justifying circumstances:
o
1. Self-defense
o
2. Defense of relative
o
3. Defense of stranger
o
4. State of necessity
o
5. Lawful exercise of right or duty
o
6. Obedience to superior order
Requisites of self-defense:
o
1. Unlawful aggression
o
2. Reasonable means necessary to repel it
o
3. Lack of sufficient provocation by the defender
Requisites of defense of relative:
o
o
2. Reasonable necessity of the means employed to prevent or
repel it
o
3. In case of provocation given by the person attacked, the
defender must have had no part therein
o
Who are the relatives under this provision?
Spouse,
ascendants,
descendants,
legitimate,
natural, and adopted siblings, or relatives by affinity
within the same degrees
Relatives by consanguinity until the fourth degree

Requisites of defense of strangers:
o
o
2. Reasonable necessity of the means employed to prevent or
repel it
o
3. Person defending is not motivated by revenge, resentment,
or other evil motives
Notes for defense:
o
Includes defense of life and limb, rights as a person including
honor, property, and liberty
o
Pleading self-defense is a judicial admission, not a judicial
confession
o
Burden of evidence shifts to the accused to prove self-defense
o
Unlawful aggression is ALWAYS necessary
Unlawful aggression alone MC

Unlawful aggression w/ one other requisite
privileged MC
o
Unlawful aggression must continue up until the act of defense
o
If there are multiple wounds in the victim, it belies a claim of
defense because it shows a determined effort to kill the victim
o
Reasonable means depends from case to case (ex. if
aggressor is armed, nature of weapon used, physical
conditions of aggressor, etc.)
o
Rational equivalence rule no need for material
commensurability, between means of attack and defense
because of imminent danger and instinctual actions
o
Rule is stand your ground when in the right not anymore
retreat to the wall
o
If there is agreement to fight, no unlawful aggression, except
if one attacked ahead of the agreed time
o
For defense of property rights, one may only use force
reasonably necessary to prevent or repel the aggressor
taking of human life is excessive
o
Narvaez: To hurt the aggressor, there must also be unlawful
aggression against the defender, not just his property
o
Provocation is sufficient when sufficient to incite attack
Requisites of state of necessity:
o
1. The evil sought to be avoided actually exists
o
2. The injury feared is greater than that done to avoid it
o
3. No other practical and less harmful means to prevent it
o
4. Party invoking state of necessity was not responsible for
the peril
o
N.B. those benefited by the act only purely civil liability,
which is not from culpa criminal
Requisites of lawful exercise of right or duty:
o
1. Act out of duty or office
o
2. Injury is consequence of the performance of duty or right
o
N.B. act cannot be capricious or oppressive;
o
N.B. law enforcer can invoke SD and performance of duty at
the same time (ex. policeman saw a person about to shoot
another. He gave a warning and the offender pointed the gun
at him. The policeman shot the offender)
Requisites of obedience to superior order:
o
1. An order has been issued by a superior.
o
2. The order is for a legal purpose
If illegal, he cannot follow the order unless it is

apparently legal and subordinate didnt know better
3. The means used to carry out the order were lawful
Page 7
o
Notes:
o
Art. 11 the accused is not deemed to have committed a
crime
o
Art. 12 there is technically a crime, but person is exempt
from liability because there is no mens rea. There is civil
liability, however
Differentiate:
o
Instigation idea of crime is induced in mind of accused. This
is an absolutory cause
o
Entrapment idea of crime came from accused. Not
absolved.
Battered Woman Defense under RA 9262:
o
Battered
Woman Syndrome
(BWS) is
a justifying
circumstance, notwithstanding absence of any requisites of
self-defense. The woman incurs neither criminal nor civil
liability. The defense is separate from and independent from
self-defense.
o
A battered woman is one repeatedly subjected to forceful
physical or psychological behavior by a man with whom she
has an intimate relationship with in order to coerce her to do
something he wants.
o
The cycle has to happen at least twice: 1. Tension-building
phase; 2. Acute battering incident; 3. Tranquil, loving phase.
o
Indicators of BWS:
1. The woman believes the violence was her fault
2. Cannot place responsibility for violence elsewhere
3. She fears for her and her childrens lives
4. Irrational belief that offender is omnipresent and

omniscient
Art. 12: exempting circumstances
Exempting circumstances:
o
1. Imbecility or insanity
o
2. Minority (see RA 9344)
o
3. Accident
o
4. Compulsion of irresistible force
o
5. Impulse of uncontrollable fear
o
6. Insuperable or lawful cause
Insanity:
o
Insanity complete deprivation of intelligence
o
Insanity must exist in the period immediately before or at
precise moment of the act
o
Surrendering to police after crime: inconsistent with claim or
insanity, since there is apparent discernment
o
If insanity occurs after the act, then the personal penalty will
be suspended until he regains reason
o
If no complete impairment of intelligence, it is just a MC (ex.
schizophrenia)
o
A medical expert must examine the accused in trial
Minority (RA 9344):
o
1. Age 15 and below = age of absolute irresponsibility
Exempt from criminal liability
Subject to intervention program

o
2. Age over 15 and under 18 = criminally liable only where
there is discernment
A. No liability if there is lack of discernment. Also

subject to intervention program.
B. Liable if there is discernment. However, he will

under a diversion program.
o
N.B. Minor over 15 but below 18 acting with discernment is
still entitled to privileged MC under Art. 68(2)
When there is doubt if the person is a minor or not, what is the
appropriate proceeding?
o
There is presumption of minority.
o
File for summary proceeding in Family Court to determine age
Diversion program (15-18, acting with discernment):
o
1. When the penalty of the crime is not over 6 years:
Crimes with victims:
Diversion program before law enforcement

officer or punong barangay
Mediation, family conferencing, conciliation

with child and parents/guardians
Crimes without victims:
Diversion program before the local DSWD

officer, with child and parents/guardians
o
2. When the penalty of the crime exceeds 6 years:
Diversion is before courts
Page 8
In penalty is not more than 12 years or just a fine,

the court can determine whether diversion is
appropriate or not
o
3. If the offense does not fall under any of the above or the
child or parents/guardian does not consent to diversion
The one handling the case forwards the records to

the prosecutor or court within 3 days and then the
case is filed according to regular process
Suspension of sentence:
o
Children below 18 at the time of commission of the crime
found guilty of the offense are placed under suspended
sentence without need of application.
The court then determines and imposes the

appropriate disposition measures afterwards.
Even if the child is already over 18 upon

pronouncement of guilt
o
If the child reaches 18 while under suspended sentence
court can:
1. Discharge the child
2. Order execution of sentence
3. Extend suspended sentence for certain period or

until he reaches max age of 21
o
DQ from suspension of sentence:
1. Once enjoyed suspension of sentence
2. Convicted for offense punishable for LI/Death

(punishable since DP repealed)
N.B. but this is under PD 603. There is doubt if it still

applies. Boado seems to think so. Callejo does not.
o
Post-suspension: disposition order issued (ex. rehab,
care/guidance orders, counseling, etc.)
Notes on RA 9344:
o
Children at risk are those vulnerable to and at the risk of
committing criminal offenses due to personal, familial, and
social circumstances.
o
Children in conflict with the law are those accused of or
adjudged as having committed criminal offenses
o
Child can be detained pending trial ONLY as a last resort and
only for shortest possible period of time
o
If the child undergoes period of actual detention
or
commitment period credit in full
Rule on probation: upon application at any time, the court can

place the child on probation in lieu of service of sentence
o
The law prohibits status offenses (those which are not
offenses if committed by adults but are, by children)
o
RA 9344 is retroactive to those with pending cases or those
already convicted
o
Exempted even if the minor acted with discernment:
1. Vagrancy
2. Prostitution
3. Mendicancy
4. Sniffing rugby
o
Even minor was alleged as co-conspirator, it does not defeat
presumption of acting without discernment; same with
allegation of reckless imprudence (Art. 365)
Requisites of accident:
o
1. performing lawful act with due care
o
2. causes injury to another
o
3. without intent or negligence
N.B. if there is negligence, Art. 365 applies

Elements of irresistible force:
o
1. Force is physical and must come from an outside source
o
2. Accused acts against his will, reduced to a mere instrument
o
3. The duress, force, fear, or intimidation present is imminent
and impending, as to induce well-grounded fear of death or
serious bodily injury
Elements of uncontrollable fear:
o
1. Threat which caused the fear of an evil greater than or
equal to the act accused was required to commit
o
2. The evil promised was of such gravity and imminence that
an ordinary man would succumb to it
Ex. X is a hostage who decapitated his fellow

hostage Y because their captors threatened to kill X.
Insuperable cause:
o
It applies to felonies by omission where the failure to do so
is due to a lawful or insuperable cause.
o
Ex. Art. 125 failed to deliver to judicial authorities due to
calamity
o
Art. 13: mitigating circumstances
Mitigating circumstances:
o
1. Incomplete justifying and exempting circumstances
Page 9
2. Under 18 or over 70
Correlate with RA 9344

o
3. Praeter intentionem
o
4. Sufficient provocation or threat by the offended party
preceded the act
o
5. Proximate vindication of grave offense
o
6. Passion or obfuscation
o
7. Voluntary surrender or voluntary confession prior to
prosecutions presentation of evidence
o
8. Physical defect restricts means of action, defense,
communication
o
9. Illness diminishes will-power without complete deprivation
of consciousness
o
10. Analogous circumstances
Classification of mitigating circumstances:
o
Ordinary
Lower
period
to
minimum
Privileged
Specific
Lower by one or more

degree
To
specific
only
felonies
If 2 or more, lower by
one or more degree
Can be offset by ACs
Cannot
ACs
Cannot be imposed on
indivisible penalties
Can be imposed on
indivisible penalties
be
offset
by
1. Incomplete justifying and exempting circumstances:

o
For defense, unlawful aggression must always be present
o
For accident, due care and lack of fault always present
o
Ordinary MC if no majority of elements
o
Privileged MC if there is majority of elements but not all
2. Minority as MC:
o
Always a privileged MC
o
Applies to those over 15-18 who acted with discernment
reduce to the next lower penalty, in proper period
3. Praeter intentionem:
o
Does not apply to anti-hazing law
o
Praeter intentionem can apply to official charged with
malversation if he borrowed the money and returned it after
Remember Art. 4(1) cannot invoke praeter intentionem if

the means employed logically and naturally results into the
effect caused
o
If there is conspiracy, all conspirators must not intend to
commit so grave a wrong as that committed; otherwise, the
act of one is act of all doctrine persists
o
Praeter intentionem and treachery can be invoked together.
Treachery applies to manner or method, which praeter
intentionem refers to state of mind
4. Sufficient provocation:
o
Elements:
1. Provocation is sufficient
2. It immediately preceded the crime
3. Originated from offending party

o
Immediate here actually means immediate, not just
proximate
o
If
provocation,
vindication
of
grave
offense,
and
passion/obfuscation are based on same facts, accused is only
entitled to either as an MC.
5. Vindication of grave offense:
o
Immediate actually means proximate
o
It need not immediately precede the crime, but there must be
no sufficient lapse of time
o
Grave offense need not be a felony; it is usually an assault
to honor
o
Consider social standing, place, time, occasion to determine
whether offense is grave
6. Passion or obfuscation:
o
Must arise from lawful sentiments of the accused. Cannot
come from lawlessness or revenge.
o
Offended party must have done an unlawful act sufficient to
excite passion or obfuscation.
o
Bello is an exception, where the man killed an ungrateful
common law wife and passion/obfuscation was allowed.
o
Lapse of time allowed as long as accused has not yet
regained his equanimity
o
Treachery cannot co-exist with passion or obfuscation. A
person acting with passion loses reason and self-control,
while a person using treacherous means has intentionally
adopted a mode of attack to kill the victim (Viz. treachery
can co-exist with praeter intentionem)
o
Page 10
7. Voluntary surrender or voluntary plea of guilt:

o
Elements of voluntary surrender:
1. Surrendered to a person in authority or his agent
2. Surrendered before arrest is effected
3. Surrender is voluntary, i.e., spontaneous and

coming from intent to acknowledge guilt and save
time/resources of authorities
4. No pending warrant of arrest or information filed

o
Elements of voluntary plea of guilt:
1. Made in open court
2. Spontaneous and unconditional plea
3. Prior to presentation of evidence by prosecution

o
Surrender must be to authorities, and plea is in open court
o
Both voluntary surrender and voluntary plea of guilt may be
appreciated in the same case (two MCs)
8. Physical defects and illnesses:
o
Defect or illness must relate to the offense charged, because
the defect must have restricted his means of action, defense,
or communication with his fellow human beings
o
Ex. rape committed by a deaf and dumb man on the girl of
his dreams to whom he cannot convey his feelings to
9. Illness that diminishes willpower of the accused:
o
Not incomplete deprivation of consciousness; otherwise, that
falls under Art. 12
10. Analogous MCs:
o
There is no such thing as analogous ACs. Just MCs.
o
Not analogous:
1. Being a minority or poor;
2. Abberatio ictus;
3. Mistake in identity
o
Analogous MCs:
1. BWS, pre-RA 9262 (now Art. 11) (Genosa)
2. Voluntary return of stolen goods
Art. 14: aggravating circumstances
Aggravating circumstances:
o
1. Advantage of public position
o
2. In contempt of or with insult to public authorities
o
3. With insult or disregard of rank, age, or sex, or in the
dwelling of the offended party, if the latter did not provoke
o
4. Abuse of confidence or obvious ungratefulness
5. Committed in the palace of the Chief Executive, or in his

presence, or where public authorities are discharging their
duties, or in a place of religious worship
o
6. Nighttime, or in an uninhabited place, or by a band
o
7. Committed during a conflagration, shipwreck, earthquake,
epidemic, or calamity
o
8. With aid of armed men or persons who insure/afford
impunity
o
9. Recidivism
o
10. Reiteracion
o
11. Price, reward, or promise
o
12. By means of inundation, fire, poison, explosion, stranding
of a vessel, derailment of locomotive, use of any artifice
involving waste and ruin
o
13. Evident premeditation
o
14. Craft, fraud, or disguise
o
15. Superior strength or means employed to weaken the
defense
o
16. Treachery
o
17. Ignominy
o
18. Committed after unlawful entry
o
19. Committed after breaking through a wall, roof, floor,
door, or window
o
20. With aid of persons under 15 years old, or motor vehicles
o
21. Cruelty
Classification of aggravating circumstances:
o
1. Generic aggravating
Increases penalty to maximum period
Can be offset by ordinary MCs
Must be alleged in information as AC

o
2. Qualifying circumstances
Changes nature of crime (just one QC needed)
Cannot be offset by any MC
Must be alleged in the information as new offense

o
3. Special or specific aggravating circumstances
Apply to specific felonies

o
4. Inherent circumstances
Already integral to the crime; no effect on penalty
Ex. In the crime of falsification of document by

public authority, then abuse of public position is
o
Page 11
deemed inherent. Same with malversation and other

crimes by public officers.
Special aggravating circumstances:
o
Under RA 7659 organized or syndicated group (at least 2 or
more persons collaborating for purpose of gain in crime)
o
Under RA 8353 applicable to rape (see Book 2 notes)
1. Advantage of public position
o
Elements:
1. Offense is in relation to his office
2. He cannot commit the offense without holding

such public office
3. He uses his influence, prestige, ascendancy

o
This is a special aggravating circumstance; cannot be offset
by MCs (RA 7659, Sec. 23)
o
If public position is constituent element of crime: inherent AC
o
Tabeon: use of service-issued gun falls under this AC;
Villamor: it is not (this is the more recent case)
2. With contempt of or in insult of public authority
o
Elements:
1. Crime committed
2. PIA engaged in exercise of public position
3. Offender knew he was a PIA
4. Victim is not the PIA

o
If the PIA is the victim, the crime is Direct Assault. This AC
does not apply.
o
Agents of PIAs not included in the elements
o
A professor is not a PIA here he is only a PIA under Direct
Assault. Exception: if the crime committed falls under RA
9165 (DDA)
3a. Insult to age, rank, sex
o
There must be deliberate intent to insult or show manifest
disregard for age, rank, or sex
o
Cannot coincide with passion/obfuscation because insult to
age, rank, sex contemplates deliberate intention to offend
o
Just because victim is woman or PIA does not automatically
mean this AC applies must show intent to offend
o
Inherent in crimes which already consider rank as an element
(ex. Direct Assault or LSPI, but not murder)
o
When AC of sex does not apply:
1. Passion and obfuscation
2. Amorous relationship between the parties
3. ER-EE relationship between parties
4. Sex of victim is inherent in the crime

o
Does not apply to crimes against property just persons (not
even robbery with homicide, because its a property crime)
o
This AC is not absorbed by treachery. Treachery refers to
manner of commission. This AC refers to relationship. (But
see Malolot where treachery absorbed age in the killing of an
11-month old child)
3b. Dwelling
o
Does not apply when the victim gave sufficient provocation
o
Does not apply when both parties live in the same house
o
Except: if both live in the same house but the room is
considered a dwelling separate and independent of adjacent
rooms (ex. houseboy and laundrywoman stayed in different
rooms of a house separate dwellings)
o
Dwelling includes every dependency of the house, including
staircase, enclosure under the house, terrace
Inside the fence, but outside the house: not dwelling

o
Dwelling must be exclusively used for rest and comfort
cannot apply for areas which are partly for comfort and
business (ex. video shop doubles as a pad)
o
Can apply even for squatters ownership is not an issue here
o
Offender need not actually enter the house he can shoot
from outside the house and kill a person inside: still dwelling
o
Dwelling inherent in robbery with force upon things;
aggravating in robbery with violence against persons
4. Abuse of confidence or obvious ungratefulness
o
Elements:
1. Offended party reposed trust and confidence to

offender
2. Offender abused this trust and confidence

o
Confidence must be immediate and personal
5. Palace of Chief Executive, etc.
o
Included here:
1. Committed in palace of Chief Executive
2. Committed in the presence of Chief Executive
3. Committed in place where public officers are

discharging duties
4. Committed in place of worship

o
For #3, it is necessary that performance of function is being
done
Page 12
For #1, 2, and 4: enough to commit it in that place, if there is

intent from the outset to commit the crime inside the place
contemplated in this AC.
6. Nighttime, uninhabited place, or by a band
o
If all three are present, only one applies, except: if their
elements are distinctly perceived and can subsist
independently of each other, revealing greater perversity
o
Alternative tests of nighttime:
Subjective test when night time was sought

purposely to commit the crime.
Objective test when nighttime facilitated the

commission of the crime
o
If the moon was bright or there is a streetlamp, not nocturnal
o
If nighttime is part of treacherous means, it is absorbed by
treachery; otherwise, separately appreciated
o
Despoblado not distance, but the impossibility for
immediate aid to be obtained
o
Band more than 3 armed malefactors (at least 4)
All must be armed
All must be PDPs

o
Band is generic AC, except:
Qualifying in some subdivisions of Robbery with

Physical Injuries (Art. 294, pars. 3-5)
For rape, if committed by 2 or more persons, it is a

special AC
7. Calamity or misfortune
o
What situations:
Conflagration, shipwreck, earthquake, epidemic
And other calamities and misfortunes
These must be similar to the abovementioned, so it

cannot refer to acts of men
o
This is on the occasion of calamity. In contrast, Art. 14(12)
refers to means of committing the crime.
8. With aid of armed men
o
Requisites:
1. Armed men or persons took part in the

commission of the crime directly or indirectly
2. Accused availed himself of aid of such men or

relied upon them when the crime was committed
o
Armed men are accomplices who take part in a minor
capacity, directly or indirectly
o
Band
Armed men
All are principals
Accomplices
At least 4 armed men
Number immaterial
At least two persons
Crimes not specified
Crimes not specified
Crimes are for gain
Organized
syndicate
crime
9-10. Recidivism, Reiteracion, and similar circumstances

o
Different forms of habitualness:
1. Recidivism
2. Reiteracion
3. Habitual delinquency
4. Quasi-recidivism
Recidivism
Reiteracion
Previous
conviction
by
final judgment
Previous
service
sentence
Under same title

of the RPC
No requirement
as to penalty in
prior conviction
Habitual
delinquency
Quasirecividism
Found guilty a third

time or oftener
Previous
conviction by
FJ
No need to be
under
same
title
Falsification,
robbery,
estafa,
theft, or SPI/LSPI
(FRETSL)
Any felony
One crime or
greater
penalty or at
least
two
crimes
of
lesser penalty
Within
10
years
from date of release
or last conviction
(gap is between 2nd
and 3rd convictions)
Before
beginning to
serve
sentence
or
while serving
it
of
Notes:
Pardon of first crime still results in recidivism,

because it only removes the penalty, not the crime
Recividism and reiteracion are generic ACs
Habitual delinquency is a special AC, which imposes

an additional penalty (not just increase), escalating
with number of convictions. Two penalties: for crime
and for habitual delinquency
One can be a recividist and habitual offender at the

same time (ex. convicted a third time for estafa,
robbery, and theft all are within Title X of RPC)
Page 13
Quasi-recidivism is a special AC; must be alleged in

the information. Cannot be offset by ordinary MCs.
Penalize convict with maximum period for the new
felony
If during service of first conviction, he reaches 70

years old or completes service of first conviction
after 70 pardoned unless he is a habitual criminal
or his conduct shows unworthiness of pardon
11. Price, reward, or promise
o
Price need not be money
o
The inducement must be primary motivation of PDP
o
The AC applies to both offeror and offeree
12. Explosives, poison, fire, etc.
o
Under RA 8294 use of unlawfully manufactured, acquired,
or possessed explosives aggravate ANY crime in the RPC if it
results to injury or death of any person
o
Except in furtherance of political crimes (absorbed)
o
N.B. contrast this with illegally possessed firearms, which
only aggravates murder or homicide
o
Lose juridical existence as AC:
1. If it is a crime in itself (ex. arson)
2. If it is a means included in a crime (ex.

murder)
13. Evidence premeditation
o
Elements:
1. Proof of time when accused came up with

determination to commit the crime
2. Overt act by accused showing he determined

to commit the crime and he clung to that
determination
3. Lapse of time between determination and

commission
o
What is punished is cool thought and reflection
o
No strict formula for lapse of time
o
Evidence premeditation is inherent in every specific intent
felony (ex. kidnapping, robbery, estafa, piracy)
In robbery, if he intended to kill a person,

evident premeditation is AC. If he did not but
ended up killing someone, it is not an AC.
o
Evident premeditation applies to non-instant conspiracies, but
not instant conspiracies
14. Craft, fraud, disguise

o
Definitions:
Craft cunning or intellectual trickery
Fraud
deceit,
insidious
words
and
machinations
Disguise concealment of identity

o
Treachery absorbs all these (all refer to manner of
commission)
15. Superior strength
o
Offenders intentionally employ disproportionate force to the
means of defense available to the offended party
o
Does not apply to parricide (generally accepted that husband
is physically stronger than the wife)
o
Treachery absorbs superior strength
16. Treachery
o
Elements:
1. Employment or means, manner, or method of

execution that would ensure the safety of the
offender from any defense or retaliation of the
offended party
2. Deliberate act of the offender or conscious choice

of the means, manner, or method of execution
o
Deliberate choice shown through: 1. Prior conduct of
offender, 2. Relationship of parties, 3. Nature of killing
o
P v. Escote: Before this case, the SC has always been
divided whether treachery can apply to robbery with
homicide. Those who say no say that it cant apply because
robbery with homicide, which is a crime against property. But
here, the SC decided to cite Spanish SC decisions, stating
that treachery may aggravate the homicide part of that
special complex crime. So treachery applies.
Apply by analogy to carnapping with murder,

kidnapping with murder, etc.
o
Mere suddenness of attack does not prove treachery per se
it must be used as means to ensure success of attack.
Chance attacks in spur of the moment are not treacherous.
o
Treachery may be present in aberratio ictus, praeter
intentionem, or error in personae, again because it is not the
intent but the means/method that matters.
o
Treachery is inherent in poisoning
17. Ignominy
Page 14
Adding disgrace or obloquy to the material injury caused to

the victim and tends to make the crime more humiliating
o
Art. 266-A of RPC: Decisions in Bacule and Sailan are now
amended. These are now acts of sexual assault. In same
way, rape in front of spouse or family is now special AC.
o
Ignominy does not apply if victim is already dead.
18-19. Unlawful entry or breaking in
o
Entrance through way not intended for such purpose
o
Must be for entry, and not escape
o
Inherent:
1. Robbery with force upon things
2. Trespass
20. With aid of minors under 15 or motor vehicles
o
Minor himself is not liable, but his assistance is AC to the
other offender
o
Motor vehicle must be used to facilitate the crime, and not
just to escape
21. Cruelty
o
Unnecessary physical pain in the commission of the crime
o
Deliberately and despicably augmented the wrong committed
by him by causing another wrong not necessary for its
commission, or inhumanly increasing the suffering of the
victim, slowly and gradually
o
Number of wounds is not per se determinative of cruelty, but
it can be
o
Extra homicide is robbery with homicide is not AC analogous
to cruelty. There are no analogous ACs.
RA 9165
o
Positive finding for drugs is an AC in other crimes
RA 8294
o
Use of an unlicensed explosive is AGGRAVATING for any RPC
crime.
o
Unlicensed firearm aggravating for murder and homicide
Special AC no offset
Does not include mere attempts; must be

consummated
P v. Mendoza murder is used in its generic term.

It includes parricide or infanticide, as the case may
be.
But one can argue that since 8294 only
mentions these two crimes, under pro reo, it must be
construed in favor of accused.
o
Unlicensed firearm loses juridical existence as separate crime

is any other crime is committed
Art. 15: alternative circumstances
Alternative circumstances:
o
1. Relationship
o
2. Intoxication
o
3. Degree of instruction/education of offender
Relationship:
o
Scope:
Spouse
Ascendant, descendant
Legitimate, natural, adopted siblings
Relative by affinity in same degrees

o
For rape, relationship, is now a special AC under RA 8353
o
For crimes against chastity, relationship is aggravating
o
Relationship not an AC if it would increase the penalty to
death
o
Relationship is mitigating in crimes against property
Intoxication:
o
If not habitual MC
o
If habitual or intentional to plan a felony AC
Education:
o
Low education may be MC, but never an AC
o
High education may be AC, but never an MC
o
Aggravating if the high education puts one in a better position
than ordinary offenders (ex. estafa by lawyer)
o
Education ignored if crime is basically wrong (ex. murder,
rape, robbery) because education does not matter.
o
Education ignored if already inherent in the provision (ex.
abortion conducted by physician)
PERSONS CRIMINALLY LIABLE
Art. 17: principals
Principal by direct participation (PDP):

o
Participation in criminal execution or carrying out the plan and
directly participating in the execution
There must be conspiracy, under this usual definition
N.B. But there can be multiple PDPs without

conspiracy, for instance, when two people stab an
Page 15
annoying guy in a bar without prior planning and

without knowledge that the other would also attack
o
PDP liable by:
1. Actively participating
2. Giving moral assistance to other conspirators

(mere presence or through moral ascendancy)
o
Rule on non-appearance:
Generally, an act of desistance
Except:
1. Masterminds or PDIs need not

actually appear to be liable
2. Those on look-out
o
Even if there are multiple conspirators, if they kill one person,
its still one crime of murder
o
If rape was committed by multiple persons, it is a qualifying
circumstance in RA 8353 (it can be that the man is a PDP and
the woman who held back the arms of the victim is the PIC)
o
It is possible that each conspirator is liable for a different
crime (ex. parricide for one, homicide for the other; delivery
of prisoners for one, and evasion of sentence for the other)
Principal by direct inducement (PDI):
o
1. Directly forcing another to commit a crime
Using irresistible force
Causing uncontrollable fear

o
2. Directly inducing another to commit a crime
Giving price, reward, or promise
Using words of command moral ascendancy

o
Inducement must be with intent to procure commission of the
crime, and the inducement is the determining cause for
commission of the crime. No mere careless remarks not
meant to be obeyed
o
If the person does not qualify as PDI, he can still be liable as
accomplice
Principal by indispensable cooperation (PIC):
o
Direct participation in the criminal design by another act
without which the crime could not have been committed
o
PIC, he must perform an act different from the overt act of
the PDP; otherwise, he also becomes a PDP.
o
PIC need not be present during planning stage. He may
become a principal at the moment of execution of the crime
with the other principals or from implied conspiracy.
o
o
In case of doubt, the liability of the PIC is merely as that of

an accomplice.
The PDP can be liable for dolo, and the PIC, by culpa.
Ex. There was a bank employee with two friends.

The friends made the employee believe that a bank
document was genuine, which was approved by the
employee without needed diligence. The crime of
the employee-PIC is estafa through falsification of
commercial document, by culpa.
Art. 18: accomplices
Elements:
o
1. Took part in execution of the crime by previous or
simultaneous acts
o
2. Intended to take part in the commission of the crime
o
3. Acts were not indispensable for commission of the crime
and not overt acts for commission thereof
Notes:
o
The accomplice does not decide the commission of the crime.
He just agrees, concurs, or cooperates after the initial
resolution is accomplished.
o
The accomplice is not a member of the conspiracy. He is just
an instrument of the conspirators.
o
One may be charged and convicted as accomplice (or
accessory) even before the principal is charged or convicted,
if the commission of the crime can be proven beyond
reasonable doubt.
o
But in case the case against the PDP is dismissed, the case
against the accomplice (or accessory) must also be dismissed
but not the other way around.
Elements:
o
1. Knowledge of commission of crime
o
2. Did not participate therein
o
3. Performed any of the following acts:
A. Profiting or assisting offender in profiting from

effects of crime
B. Concealing or destroying the body of the crime

(corpus delicti) or the effects or instruments thereof,
to prevent its discovery
Page 16
Notes:
o
Participation is after the commission of the crime
o
Mere silence does not make one an accessory
o
Corpus delicti refers to the substance of the crime; it is the
proof of occurrence of the event or some persons criminal
responsibility
o
Relate with Anti-Fencing Law (PD 1612) prosecution has
option to charge as principal for fencing or accessory here
o
Relate with PD 532 (highway robbery) person who profits
from highway robbery is charged for Abetting Brigandage and
is punished as an accomplice (not accessory)
Art. 20: accessories exempt from liability
Art. 19: accessories
C. Harboring, concealing, or assisting in the escape

of the principal, where:
The accessory acts with abuse of public

functions, or
The accessory is a private individual and the

author of the crime is guilty of treason,
murder, parricide, attempt to take life of
Chief Executive, or is a habitual offender
(TMPCH)
Elements:
o
1. One is an accessory vis--vis a spouse, ascendant,
descendant, LNA brothers and sisters, or relatives by affinity
of same degree
o
2. And did not commit acts in par. 1 (profiting)
Notes:
o
The relationship degrees here is same as in alternative
circumstances
o
A policeman can be exempt as well because blood-ties are
more powerful than call of duty. The law does not distinguish
o
The exceptions in Art 20 do not apply to Obstruction of Justice
Obstruction of justice (PD 1829):
o
Those assisting the principal to escape may be prosecuted as
principal for obstruction of justice. When convicted, the
penalty imposed is the higher between PD 1829 and any
other law including RPC
o
Punishable acts:
1. Preventing witnesses from testifying
2. Harboring/concealing offender
3. Obstruction of service of court processes or

disturbing proceedings
4. Solicitation or acceptance of benefit to desist in
prosecution
5. Using threats to prevent person from appearing in
proceedings
6. Altering or suppressing evidence
7. Using fictitious name to conceal crime or evade
prosecution
8. Making or presenting false evidence
9. Giving false or misleading info to law enforcers
PENALTIES
Notes:
o
Pari delicto does not apply to criminal law (ex. both
committed crimes both punished)
o
Estoppel does not apply because the State is the offended
party
o
Penal laws retroact if favorable to a person (ex. law abolishing
death penalty, RA 9344)
o
Repeal of penal law removes jurisdiction from court to hear
the case (except: saving clause or reenactment by repealing
act)
o
Criminal liability may only extinguished by law or grounds in
Art. 89 (ex. return of embezzled money does not exonerate
public officer)
Not penalties:
o
1. Arrest and temporary detention of accused, or detention
due to insanity or imbecility
o
2. Commitment of a minor in institutions (does not happen
anymore)
o
3. Preventive suspension from employment or public office
o
4. Fines and other corrective measures imposed by superior
officials on subordinates (administrative)
What is the effect of RA 9346 abolishing the death penalty (and
as clarified by P v. Bon)?
o
1. It retroactively benefited all those convicted and being
tried for the death penalty, which has been abolished. It
benefits even habitual delinquents.
Page 17
2. It does not affect RA 7659s provisions on how the crime is

committed; it just reduces the penalty imposed by RA 7659
from death to RP.
o
3. It equalized the penalties of certain offenses which used to
be graduated. Examples:
Piracy (RP) and qualified piracy (RP to death) are

now both RP.
Kidnapping (RP to death) and Kidnapping with

Homicide or Rape (mandatory death) are now both
RP.
Destructive arson (RP to death) and Arson with

homicide (mandatory death) are now both RP.
o
4. In graduation of offenses one or two degrees lower, take
out death from the scale as well.
o
5. It did not declassify the crimes as heinous. Only the
penalty imposed is affected.
When is the duration of penalties computed from?
o
1. If offender is in prison: from finality of judgment of
conviction
o
2. If not in prison: from placement at disposal of judicial
authorities to enforce penalty
o
3. Other penalties not involving imprisonment: from day
when he commences to serve the sentence
When are detainees credited with the whole duration of
preventive imprisonment?
o
1. Full time, if the detention prisoner agrees to abide by the
same disciplinary rules as convicted prisoners
o
2. 4/5 time, if he does not agree to abide by the same rules
o
When is there no credit?
1. Recidivists
2. Those convicted at least 2 times of any crime
3. When summoned for execution of sentence, they

failed to surrender voluntarily
o
What if the period of preventive imprisonment has
exceeded the maximum penalty allowed?
Immediately release, but continue with trial or

appeal
Destierro: maximum period is 30 days preventive

imprisonment
N.B. remedy is habeas corpus
N.B. Even if sentenced to RP or life

o
Perpetual
or
temp
absolute
DQ
Perpetual
or
temp
special
DQ
Deprivation
of
public office (even
elective)
Deprivation
of
office,
employment,
profession,
calling affected
Deprivation
of
right to suffrage
or run for office*
DQ for offices or
public
employment*
Perpetual or
temp DQ for
right
to
suffrage
Suspension
from
public
office
Suspension
from
office,
employment,
profession,
calling*
Deprivation of
right
to
suffrage or run
for office*
DQ for similar
offices
or
employments*
Right
suffrage*
to
Cannot
hold
office
with
similar
functions*
Loss of retirement
pay or pension for
former office
*these only last
until
term
of
sentence
if
temporary DQ
*this only lasts

until
term
of
sentence
if
temporary DQ
**this
only
lasts until term
of sentence if
temporary DQ
*always
only
until term of
suspension
Dual nature of temporary disqualification and suspension:

o
As principal penalty
Temporary DQ: 6 years and 1 day to 12 years
Suspension: 6 months and 1 day to 6 years

o
As accessory penalty:
Follow principal penalty

What is the nature of Reclusion Perpetua?
o
RP is an indivisible penalty (no periods)
o
Has accessory penalties (unlike LI)
o
It is not affected by mitigating or aggravating circumstances.
o
BUT RA 7659 fixes duration at 20y1d-40y to avoid lacuna
o
What is the minimum period of imprisonment for RP?
30 years, after which the offender will be eligible for

pardon by the Chief Executive
o
What is the number used in pegging the three fold
rule for RP?
Page 18
30 years as well. Since that article provides that

when the culprit has to serve at least 2 penalties, the
maximum duration of the sentence should not be
more than 3-fold the length of time corresponding to
the most severe penalty.
o
See P v. Canales imposed 40 years of RP, with accessory
penalties pertaining to death, and cannot be pardoned until
after 40 years have passed.
How did the court reach this decision?
Because under Art. 309 of the RPC, theft is

punishable by maximum of RT. But for Art.
310, qualified theft, penalty is two degrees
higher. This is death.
But the rule under Art. 74 is that if the next

higher penalty is death, it becomes RP, with
accessory penalties of death. This is also
the reason why he cannot be pardoned
before 40 years have lapsed, instead of 30.
N.B. Note, however, that Boado believes that there

is no more such distinction now that the DP has been
abolished.
What are the indivisible penalties?
o
1. RP
o
2. Perpetual absolute or special DQ
o
3. Public censure
What are the effects of indivisible penalties?
o
Impose the penalty in its entirety
o
Do not apply ACs and MCs, except: if there is privileged
mitigating circumstance, it may be reduced by 1 or 2 degrees.
When a penalty of fine is imposed, what is the order of
payment of pecuniary liabilities?
o
Read in conjunction with Art. 38 (order of payment of
pecuniary liabilities):
1. Reparation,
2. Indemnification,
3. Fine,
4. Cost of proceedings
o
The law does not prohibit using his cash bail bond to pay fine.
If the fine is exactly 200 pesos:
o
In Article 9, P200 is a light penalty. In Article 26, P200 it is a
correctional penalty.
o
When the issue is prescription of crime, apply Art. 9.
o
When the issue is prescription of penalty, apply Art. 26.
What is civil interdiction and what rights does it cover?
o
Accessory penalty that attaches to RP and RT.
o
Deprivation of the following rights
1. Parental authority
2. Guardian as to person/property of ward
3. Marital authority
4. Management of property
5. Disposition of property by acts inter vivos
N.B. So he can still make a last will and testament
N.B. Cannot appoint an agent to fulfill these tasks
Accessory penalties:
RT, RP
PM
PC
AM, Am
Civil interdiction
Temporary
absolute DQ
Suspension from
public office
Suspension from
public office
Perpetual
absolute DQ
Perpetual
DQ
from right of
suffrage
Suspension from
right to follow
calling
or
profession
Suspension from
right to follow
calling
or
profession
during term of
sentence
Perpetual
DQ
from right of
suffrage
if
imprisonment is
more than 18
months
Art. 39: subsidiary imprisonment
When is subsidiary imprisonment imposed?

o
When the accused is penalized with a fine (alone or with
imprisonment), and because of insolvency, he cannot pay it.
How long is the subsidiary imprisonment?
o
A. If penalty is higher than PC, no subsidiary imprisonment
o
B. If penalty is PC/arresto + fine
Whichever is the least among:
1. 1/3 of his sentence term
2. 1 year
3. Quotient of fine divided by 8 pesos

o
C. If penalty is just a fine
At most 6 months for grave or less grave felonies
At most 15 days for light felonies

Notes:
o
Convict cannot be ordered to serve subsidiary imprisonment
for failure to pay pecuniary liability; it must be a pecuniary
penalty
o
If not insolvent, cannot choose subsidiary imprisonment
instead of paying fine
o
Applies to SPLs too (ex. illegal possession)
o
The dispositive portion must expressly provide for subsidiary
imprisonment, or else, it cannot apply
o
If financial standing changes, then he has to pay
o
Toledo: If convicted for multiple penalties, the totality of the
penalties must be taken. If the total exceeds 6 years (limit of
PC), then there can be no subsidiary imprisonment, even if
the individual penalties are all less than 6 years
Page 19
Art. 45: forfeiture of the proceeds of the crime
Notes:
o
Only trial court can order forfeiture of proceeds of crime or
tools/instruments used
o
Things must be presented in court as evidence for court to
have jurisdiction to order forfeiture
o
The things must belong to accused, else, no jurisdiction
o
Applies to SPLs
o
Destruction is allowed if items are contraband
o
RA 9165 (DDA)
Subject of crime, including proceeds, assets, money

are forfeited in favor of government
Unless these belong to third persons not involved in

the crime, except if contraband
Proceeds of sale or disposition of property must be

used to pay expenses of proceedings
Art. 48: complex crimes
Two types of complex crimes:

o
1. Composite crime/delito compuesto: single act
constitutes two or more grave or less grave offenses
o
2. Complex crime proper/delito complejo: offense is
necessary means to commit another
Effect on penalty:
o
There is only one penalty more serious crimes penalty
imposed in maximum period
o
Effect on penalty cannot be offset by generic MC, only
privileged MC
Delito compuesto:
o
Crimes can either be dolo (ex. murder and attempted
murder) or culpa (ex. reckless imprudence resulting in
homicide and destruction of property)
o
Will not apply if one felony and one SPL (ex. estafa, BP 22
must be separately charged)
o
Someone wants to kill another with treachery, but there was
abberatio ictus
HELD: Attempted murder + murder

o
Accused stabbed victim with a bolo and it hit the person
behind him as well. The target died.
HELD: Murder + SPI (no intent to kill the other)

o
Forcibly inserted penis into vagina of woman and she
sustained LSPI in her vagina.
HELD: Rape + LSPI

o
N.B. it must be one act resulting in multiple crimes. But the
SC something uses subsidiary tests.
o
Single impulse test: stealing 13 cows in one occasion
just one crime of theft
o
Single criminal intent: raping a woman at 10 am, and
then again at 11am in same area one crime of rape because
motivated by one criminal intent
Place test for rape: if in different places, its

different criminal intent, otherwise, just one intent
BUT P v. Escoton: 5 counts of rape even if it was in

the same place, and at the same night. This might
be the new rule now (2010 decision)
o
Kidnapping test is number of persons = number of counts
o
BP 22 test is number of checks
o
Falsification as many crimes as number of occasions, and
not modes of falsification used
o
Ilagan v. CA: X is a real estate agent who fraudulently
collected from lot buyers, but instead of turning over
the proceeds to the corporation, he kept them.
Page 20
HELD: As regards the lot buyers, there were as

many crimes of estafa as the number of times the
petitioner fraudulently collected from them.
As regards the corporation is concerned, it depends

on obligation to account. If he is obliged to account
everyday and he fails to do so, there are as many
crimes of estafa as the number of days he failed to
account. If he is obliged to account every month, he
is guilty for every month he fails to account.
Libel one publication, one crime (regardless of number of
persons subject to libel)
Adultery one sexual intercourse, one crime
P v. Dalmacio: Armalite guns fired successively, and
explosives, killed several and seriously wounded others. The
accused were guilty for as many crimes as how many people
were injured
Plunder only ONE crime is committed, with several
predicate crimes
Article 48 does not apply to special complex crimes
complejo:
If one felony is indispensable to the commission of another,
then Art. 48 DOES NOT apply; there is only one crime
Must be necessary but NOT indispensable
Can be dolo and culpa (ex. estafa through falsification by
culpa remember a public document can be falsified through
culpa)
If initial intent is to rape, then rape absorbs forcible
abduction. If initial intent is to abduct, then the offended
thereafter decided to rape, complex crime of rape through
forcible abduction
The moment the first rape was committed, then

forcible abduction with rape was consummated. The
second and third rapes were SEPARATE crimes.
There is one complex crime, two separate simple
crimes. (This is en banc decision.)
When there is no delito complejo:
1. Indispensable to the second crime
2. Essential element or mode of another felony
3. Merged with another crime
4. Felony is committed to conceal another crime
o
o
o
o
Delito
o
o
o
o
o
No estafa through falsification of private document. The

crime is just falsification of private document. If the estafa
can be committed without the falsification, the crime is
estafa. (Both crimes use damage as element)
Political crimes absorb common crimes done to further them
No complex crime of arson and homicide. Its just either/or,
depending if intent is to burn or to kill.
Art. 49: penalty for error in personae
lower
Several
periods
corresponding
to
different
divisible
penalties
Notes:
o
Only error in personae; if abberatio or praeter, apply Art. 48
Penalty:
o
1. If the penalty for the felony actually committed is higher
than that which he originally intended, the penalty of the
latter in its maximum period.
o
2. If the penalty for the felony actually committed is lower
than that which he originally intended, the penalty of the
former in its maximum period.
o
3. If the act actually committed is an attempt or frustration of
another crime which has a higher penalty if consummated,
the penalty of the attempt or frustration in its maximum
period.
Application of penalties
Consummated
Frustrated
Attempted
Principal
As provided
-1
-2
Accomplice
-1
-2
-3
Accessory
-2
-3
-4
Reduction of penalties:
Penalty committed
How reduced
Example
Single and indivisible
Next lower penalty
RP RT
One or more divisible

penalties imposed in
full extent
Penalty next lower in

degree as to the lower
divisible penalty
PM to RT PC
One indivisible penalty

and maximum period
of another divisible
penalty
Medium and minimum

period
of
proper
divisible penalty and
maximum
of
next
RT in maximum to RP
PM in maximum to
RT in medium
Page 21
Period following the

minimum
prescribed,
and the two next
following
PM in medium to RT in
minimum PC in
medium to PM in
minimum
What are the rules on MCs and ACs?

o
1. If the AC is taking advantage of public position:
Impose penalty in its maximum regardless of MCs

o
2. If the crime was committed by a person belonging to an
organized or syndicated crime group:
Impose penalty in its maximum regardless of MCs

o
3. ACs and MCs which arise from moral attributes of offender,
private relations with offended party, or other personal
causes:
Will only aggravate or mitigate liability of those to

whom the circumstances apply to
o
4. ACs and MCs which consist in the material
execution/means to accomplish the act:
Will only aggravate or mitigate liability of those who

had knowledge of them at the time of execution or
cooperation
Habitual delinquents:
o
3rd conviction:
Penalty for last crime + PC in medium and maximum

periods
o
4th conviction:
Penalty for last crime + PM in minimum and medium

o
5th conviction or oftener:
Penalty for last crime + PM in maximum to RT in

minimum
o
N.B. cannot exceed 30 years, in any case
What is the penalty for impossible crimes?
o
Arresto mayor or fine of 200-500
Circumstances present
Effect
No AC or MC
Medium period
MC only
Minimum period
AC only
Maximum period
Some of both
Offset, then apply three rules above
2 or more MC, no AC
Lower penalty by one degree, in

proper period
Except RP (must be privileged MC to
reduce)
2 or more ACs
Still maximum period
When do the regular provisions on calculation of penalty not

apply?
o
For the privileged mitigating circumstance in Art. 68 of
minority (if 15-18 and acted with discernment).
o
But what if the minor commits a SPL, which does not
follow nomenclature of RPC?
The minor is not entitled to privileged MC.
Penalty of fine
Factors
range:
o
o
Notes:
o
are considered by the court in imposing fines within a

1. Presence of MCs or ACs.
2. Wealth or means of the culprit.
Some crimes give the court discretion to impose fine,

imprisonment, or both the court has to make a definite
choice
Increase or decrease of fines:
o
Increase/decrease (as case may be) the maximum by of
the maximum amount. The minimum never changes
o
Ex. 50K to 100K, and there is an AC 50K to 125K. If there is
an MC 50K to 75K
o
Penalty of fine goes to the State, not the offended party
Service of sentence
What if the penalty is death?

o
Reduced to RP with no parole.
What is the rule on successive service of sentences?
o
1. If they can be served simultaneously, then do so.
o
2. Otherwise, follow respective order of severity, successively
N.B. order of severity: RP, RT, PM, PC, AM, Am,

destierro,
perpetual
absolute DQ,
temporary
absolute DQ, suspension, public censure
Page 22
3-fold rule:
o
Maximum duration of the sentence cannot be more than 3times the length of time of the most severe penalty.
o
For RP, treat its duration as 30 years, as re: 3-fold rule
Maximum period for sentences:
o
Always 40 years.
o
Do not include subsidiary imprisonment penalty in the
computation of 40 years.
Notes:
o
No penalty executed except by virtue of final judgment
o
If the person is acquitted, cannot be subjected to public
censure
o
Judge sentenced accused to 25 years RP can he be
compelled to serve the sentence?
HELD: No. The sentence is void. There is no such

thing as divisible RP.
o
If convict becomes insane or an imbecile, suspend service of
sentence and send to hospital for necessary treatment. But
the civil liability should still be enforced in spite of insanity or
imbecility of the person.
Destierro:
o
Not permitted to enter the places mentioned in the sentence
and within radius specified which shall be from 25-250 KM
from the place specified.
Civil liabilities
Notes:
o
Minors are also exempt from civil liability.
The
parents/guardians are civilly liable (Art 221, FC)
o
Complex crime even if there is just one penalty, there are
still as many civil liabilities are there are crimes
o
Same with crimes absorbed by another
o
For employer to be civilly liable for damage caused by
employee, the latter must be insolvent
o
Teacher is liable for students acts only when engaged in
industry
o
Recall: rule on consultant-physicians and responsibility of
hospitals
under
respondeat
superior
or
corporate
negligence/responsibility
o
Only time when there is no civil liability: when the sentence
categorically states that the accused did not commit the acts
on which the charge was based on (not mere reasonable

doubt)
Civil liabilities from culpa criminal:
o
The moment the criminal action is instituted, the civil action is
instituted along with it
o
Civil penalties apply to SPLs if there is evidence that a party
or the govt sustained substantial injury
o
If there is charge of BP 22 and estafa, even if there are two
crimes, there is only one check so there is only one payment
of civil liabilities
Restitution:
o
Must return the thing itself if possible, with allowance for
deterioration or diminution of value
o
If a third person acquired the property subject of crime, the
offended party can still recover the thing from him. But if the
third party is in good faith, he must be reimbursed by the
thief/criminal
o
If it cannot be returned, give value of the thing (at the time of
commission of the crime)
Reparation:
o
The court must determine the amount of damage, taking into
consideration the price of the thing, if possible, and special
sentimental value to the injured party.
Actual damages:
o
Must be proved by documentary evidence the amount
o
Otherwise, prove loss and receive temperate damages
o
Ex. placement fee in illegal recruitment case
o
Follow rules on interest 6/12%
o
Rules for actual damages:
1. For crimes and quasi-delicts liable for all natural

and probable consequences of the act or omission
2. Liability may be increased or decreased depending

on aggravating or mitigating circumstances
Moral damages apply to:
o
1. Crimes leading to physical injuries or death
o
2. Quasi-delicts
o
3. Seduction, abduction, rape, or other lascivious acts
o
4. Adultery or concubinage
o
5. Illegal or arbitrary detention, arrest, or search
o
6. Libel, slander, or defamation
Exemplary damages:
Page 23
o
o
When a crime has one or more ACs

Even if not alleged in the information, if proved, exemplary
damages apply.
However, following the usual rule, the
accused cannot be convicted for the AC
Even qualifying circumstances can qualify as AC which is
used in its generic sense (ex. treachery qualifying homicide to
murder)
Relationship can be the basis of exemplary damages, even if
it is inherent in a crime (ex. parricide)
MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY

Extinction of criminal liability
How is criminal liability extinguished?

o
1. Death of the convict as to personal penalties
For pecuniary penalties, if death of the offender

occurs before final judgment
o
2. Service of the sentence
o
3. Amnesty
o
4. Absolute pardon
o
5. Prescription of the crime
o
6. Prescription of the penalty
o
7. Marriage of offended party as provided in Art 344
When does death extinguish the civil liability of the accused
and when does it not?
o
When the civil liability arises from the criminal act, it is
extinguished.
o
But civil liability predicated on a source other than the delict
survives. In this case, it can be executed against the estate.
Contrast:
o
Pardon: does not look back; looks to the future and is not
retrospective
If he is pardoned and commits a crime of the same

title, he is still a recidivist
Holding public office and right of suffrage must be

specifically granted to be restored
o
Amnesty: everything is extinguished
o
Courts can take judicial notice of amnesty (public act);
pardon must be proved by accused (private act)
What is the rule on pardon under Art 344?

o
Victim may grant pardon to both offenders, in the crime of
concubinage and adultery.
o
Victim may pardon before institution of criminal complaint.
o
If there is conviction by final judgment, the President may
grant PARDON EVEN IF it is a private crime.
When does marriage become a condonation?
o
Under 8353, the marriage between offender and offended
party in rape or sexual assault will extinguish criminal liability
and the penalty already imposed.
Does condonation through marriage benefit the other coaccused?
o
Yes, for seduction, abduction, and acts of lasciviousness,
because of the specific provision in Art 344
o
Still unclear for rape, but there is no specific provision in Art
266-B.
CRIME
o
o
Prescription
PRESCRIPTION
CRIME
OF CRIME
PRESCRIPTION
1. Counted when complaint filed for preliminary

investigation with public prosecutor or the OMB (or
directly with court, if allowed)
2. Offender is outside the Philippines this does not

contemplate very brief trips abroad
When period resumes:
1. When proceedings terminate without the accused

being convicted or acquitted
2. When proceedings are unjustifiably stopped for

reasons not imputable to the accused
For continuing crimes, period starts to run from the LAST act
Contrast:
Period starts to run for falsified documents when it is

filed with the ROD
Period starts to run for marriage when there is actual

knowledge (no constructive knowledge for marriage)
for prescription of penalties:
Prescriptive period begins to toll when the accused commits
crime of evasion of service of sentence
When interrupted:
1. Defendant surrenders
2. Defendant captured
3. Goes to foreign country where the Philippines has

no extradition treaty
4. Commits another crime before expiration of period
Notes
o
OF
PENALTY
Death, RP, RT
20 years
Death, RP
20 years
PM, afflictive
15 years
RT,
PM,
afflictive
15 years
PC,
correctional
(incl. destierro)
10 years
PC,
correctional
10 years
AM
5 years
AM
5 years
Indeterminate Sentence Law
Am, light
2 months
AM, light
1 year
Libel and similar

offenses
1 year
Oral defamation,
slander by deed
Notes for prescription of crimes:

o
If compound penalty imposed, prescription is based on
highest penalty
o
Period starts running when crime is discovered by offended
party, authorities, agents
Offended party is private party or govt/agents

o
Interruption of period:
Page 24
Nature
o
o
o
and purpose of the ISL:

For benefit of convict, and to increase economic contribution
To individualize the administration of Phil. penal law
Looks at convict as private individual, and secondly as
member of society as a whole
o
Redeeming the individual for economic usefulness and other
social ends
How is the maximum determined?
o
Consider modifying circumstances. Note that the privileged
mitigating circumstances must first be considered.
How is the minimum determined?
o
Minimum is one degree lower than that provided by the RPC.
The minimum is within the whole range of the next lower

penalty, not necessarily in the same period as the maximum
penalty.
o
Minimum: court has unlimited discretion within the range of
the minimum of the penalty one degree lower than the
penalty imposed by law
Who cannot avail of ISL?
o
1. Convicted and punished with death, life imprisonment, RP
o
2. Committed:
Treason, misprision of treason, proposal to commit

treason;
Rebellion, sedition, espionage;
Piracy
o
3. Habitual delinquent
o
4. Escaped confinement or evaded sentence
o
5. Violated conditional pardon
o
6. Maximum term of not more than one year
o
7. Those already sentenced by FJ upon passage of Act (dont
worry, all these guys are dead now)
Notes:
o
Not applicable to fines only divisible imprisonment
o
There are laws which expressly provide that the convict is not
entitled to the benefits of the ISL and parole. Ex. HAS
o
When BOTH minimum and maximum durations are less than
1 year (outside ISL), there can be a straight penalty
o
If punished under SPL with definite range: impose an
indeterminate sentence, using minimum and maximum
periods provided by law as limits
Parole:
o
When the person serves the minimum of the ISL, he may
apply for parole. He will be allowed to leave the penal
institution under certain conditions:
Report to Board of Indeterminate Sentence for

remaining portion of maximum sentence or until final
release and discharge by the Board
Limits of residence may be imposed

o
If he complies with the conditions of the parole, the Board of
Pardons and Parole will give out final release and discharge.
o
Probation Law
Purpose of probation:
Page 25
1. Promote correction and rehabilitation of offender through

individualized treatment
o
2. Provide opportunity for reformation of offender, which
might be less probable if he serves prison time
o
3. Prevent commission of offenses
What is the number one rule?
o
If you file appeal, you lose benefit of probation.
o
If you file for probation, you cannot appeal.
When must application for probation be filed?
o
Within period for perfection of an appeal.
What is the effect of probation?
o
1. The sentence is suspended
o
2. If the probation is violated, the entire sentence is served
Conditions that should accompany a grant of probation:
o
Mandatory conditions:
1. Report to designated probation officer within 72

hours after receipt of order
2. Report periodically to the officer at least once a

month or sooner, as determined by the officer
o
Discretionary: the court will specify these
What is a penalty subject to probation?
o
Must not exceed 6 years (PC).
o
Fine must not be 200 pesos or more.
Who are disqualified from probation?
o
1. Sentenced to maximum term of more than 6 years
o
2. Convicted of subversion or any crime against national
security or public order
o
3. Those who have perfected appeal
o
4. Previously convicted by FJ of offense punished by
imprisonment not less than 1 month and 1 day and/or fine
not less than 200
o
5. Once been on probation
o
5. Already serving sentence upon effectivity of probation law
(Again, these guys are dead now)
When can probation be denied:
o
1. Offender is in need of correctional treatment that can most
effectively be provided by commitment in institution
o
2. Undue risk that during period, he will commit crime
o
3. Depreciate seriousness of offense
Differentiate disqualification from denial:
o
Denial is when a person is qualified for probation but it is not

granted because of, for instance, dubiety in character.
o
Probation is a privilege, not a right. Even if you are not
disqualified, it doesnt mean you are automatically qualified.
What is the rule on Probation of minors?
o
If the minor is incorrigible, then he will serve the penalty of
imprisonment. But he is still entitled to probation.
o
Normally if you appeal, you lose probation. But under 9344,
it is allowed.
Notes:
o
The penalty for each crime is considered, not all the crimes
together, even if tried jointly and exceeding 6 years. The
individual crimes must be less than 6 years each.
o
X appealed from his conviction in the RTC, but did not appeal
the CA decision still no probation because he appealed the
RTC decision
o
No probation under HAS
o
Remedy if court denied probation with GADALEJ: Rule 65
o
Page 26

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PERSONS CRIMINALLY LIABLE .............................................. 15

AND EXTINCTION OF CRIMINAL LIABILITY

Art. 2: territoriality principle

FUNDAMENTAL PRINCIPLES AND FELONIES

What are examples of laws in Philippine criminal law that

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Immunities from criminal prosecution by certain individuals:

Who are the diplomats covered?

B) ministers and papal internuncios

Does not cover personal and private acts (Liang)

Temporarily restrain, declare as persona non grata,

Consuls not included, except by agreement

Includes members of CAFGU

If not service-connected offenses: civilian courts

Service-connected offenses: courts-martial

Except if President, before arraignment,

Viz. PNP members covered by civilian courts

Ex. OEC one who reports election offenses, even if

Ex. PD 749 informants for bribery, corruption

Technically not an exception (vessel = RP territory)

Nationality of the ship depends on its registration

Book II, Title 1 crimes

English (territorial) territorial State has jurisdiction, except

English vessel in RP. Accused was smoking opium

RP vessel in Vietnam. Accused got drunk and shot

Ex. X wanted to kill Y

What are the two components of felonies by dolo?

1. There is a positive duty provided by law

2. Accused acted voluntarily to not do a positive duty

3. Criminal intent in refusing to do it

Mistake in victim of the

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What is the rule on specific intent felonies?

Ex. Homicide: intent to kill is presumed. But for

Ex. Theft: possession of recently stolen property

1. Political crimes where rebellion for instance

2. Death by exceptional circumstances must be to

3. When there is doubt whether the accused

Mistake in identity is not reckless imprudence, because the

Pugay: X poured gasoline on the victim; Y lit the

Not all SPL crimes are malum prohibitum (ex. plunder,

Par. 2 impossible crimes

Art. 4: felonies and impossible crimes

Rule on liability for those who have committed a felony:

Glenn Tuazon | RPC Book 1 Bar Saturday Reviewer

Elements of impossible crime:

Ex. Firing guns into empty bedroom, not knowing

N.B. The condition must be unknown to the offender.

The act is completed, but it could not amount to a

Ex. Offender stole a watch, but it turned out to be

Art. 5: Duty of courts to report

When courts must report to President through DOJ:

Art. 6: Stages of consummation

There is direct connection to crime intended to be

Differs from preparatory acts, which are just means

Still at the subjective phase of commission still

Objective stage has been reached

Glenn Tuazon | RPC Book 1 Bar Saturday Reviewer

2. But it was not produced by reason of causes independent

Art. 7: light felonies

There is prior agreement

A conspirator is liable as long as he appeared in the