Criminal Law Rev Recit

CRIMINAL LAW Page 1 of 149
Lecture & Recitation Notes Atty. Maximo Amurao

CRIMINAL LAW 1
June 17, 2011
Introduction to Criminal Law
Q: What is criminal law?
CRIMINAL LAW branch of law which defnes crimes, treats of their natre
and !ro"ides for their !nishment
Q: #!!ose Con$ress enacted a !iece of le$islation, and an% "iolation of that law,
!enalt% will be !a%ment of dama$es, is that criminal law?
Q: #!!ose the form of !enalt% will be confscation of license, is that criminal law?
Q: &ow will %o defne a crime?
'what !articlar act constittes the crime
'what are the elements of the acts
Q: What is criminal !rocedre?
CRIMINAL (R)C*+,R* bod% of rles that enforces or re$lates criminal law,
!ro"ides for the ste!s in the !rosection and-or con"iction of an accsed.
Q: Is there an% di/erence between criminal law and criminal !rocedre?
0es.
Q: What are the di/erences?
CRIMINAL LAW CRIMINAL (R)C*+,R*
'sbstanti"e '!rocedral-remedial
'1*N*RALL0 !ros!ecti"e, '!ros!ecti"e, 2,3 CAN 2* a!!lied
R*3R)AC3I4*
nless fa"orable to the accsed,
!ro"ided accsed is not a habital
delin5ent
'onl% comes from the le$islati"e'can be !roml$ated b% the 6diciar%
or law7ma8in$ bod%9 ne"er from
the e:ecti"e or 6diciar%
'in fa"or of the ends of sbstantial 6stice
Q: who is a habital delin5ent?
A !erson who within a !eriod of ;< %ears from the date of his last release or
con"iction of the crimes of 1) serious or less serious physical injuries, 2) robo,
3)hurto 4)estafa or 5) falsication, he is fond $ilt% of an% of said crimes a
third time or oftener =Art >?, r!c@
NO!" #$%
&os' (i))ena *+,,-./ in 0a1u *+,1,. / 2ina Acosta *+,1,. /
year +,11% !m 3uinto 4 5an6 "antos 4 &anna ecson4#e7s 3uintos4Nor)y
(i))anue7a4Ay)a "a)en8a1
CRIMINAL LAW Page + of 149
Q: #!!ose accsed is a &+, will there be !ros!ecti"e or retroacti"e a!!lication of
criminal law?
Q: Is criminal law the same as the R(C?
0es
Q: What is a crime?
1eneric term sed to refer to a wron$doin$ !nished either in R(C or nder a
s!ecial law
Q: Who has the !ower to enact laws?
Con$ress =Le$islati"e@
Q: Is the !ower of Con$ress absolte?
No. 3here are limitations. It shold not "iolate the constittion
Q: We call or !enal code, the R*4I#*+ (*NAL C)+*, wh%, which !enal code was
re"ised?
3he #!anish (enal Code
Q: &ow was it re"ised?
'A committee was formed !rsant to Administrati"e )rder No. AB b% the
+e!artment of Cstice.
'3he committee was formed on )ct ;D, ;D?E
'3he committee was com!osed of Anacleto +iaF =head@9 Qintin (aredes9 Ale:
Re%es and Mariano +e Co%a
Q: &ow did the re"ision come abot?
'the R(C contains !ro"isions of the #!anish !enal code, ,# (enal Code and
#C decisions of the (hili!!ines before the creation of the R(C
Q: What are the sorces of criminal law?
'Re"ised (enal Code
'#!ecial (enal Laws enacted or !assed b% the (hili!!ine Commission,
(hili!!ine Assembl%, (hili!!ine Le$islatre, National Assembl%,
2atasan$ (ambansa, Con$ress of the (hili!!ines
'(enal (residential +ecrees issed drin$ Martial Law =onl% becase the
(resident at that time had le$islati"e !ower, bt $enerall%, the *:ecti"e
branch cannot isse *) or (( that are !enal in natre@
'#!anish (enal Code
',# (enal Code =we co!ied the / crimes from the ,# (enal Code: estafa,
mal"ersation, etc@
Q: Who has the !ower to defne crimes?
3he #tate
Q: Wh% does the #tate has the !ower to defne crimes?
NO!" #$%
2ecase of its !olice !ower. 3he ri$ht to !rosecte and !nish crimes is
"ested in the so"erei$n !ower, which is the Gili!ino !eo!le.
Q: When did the R(C too8 e/ect?
Can ;, ;AH?
Q: Wh% is there a lon$ la!se of time in the e/ecti"it% and a!!ro"al of the R(C?
#o that (& will be familiariFed with the new !ro"isions of the R(C
Q: Who a!!ro"ed the R(C?
,# (resident
Q: What are the theories in criminal law?
Classical, (ositi"ist, Mi:ed
CLA##ICAL
7the ob6ecti"e is retribtion
7 the em!hasis is on the crime
7consistent with the sa%in$ Ian e%e for an e%e, a tooth for a toothJ
7 man has free will to do or not to do
7 the criminal liabilit% arises from 8nowled$e and freedom
7man is a rational bein$
7e:am!le: RA AHE? =&man #ecrit% Act of ?<<E@
()#I3I4I#3
7the ob6ecti"e is reformation
7the em!hasis is on the criminal
7belie"es that crime is a social !henomenon
7sees man as a moral-hman bein$
7man b% natre is $ood
7man is e:!osed to en"ironment where man is com!elled to do a crime
7e:am!le: RA AHBB =C"enile Cstice and Welfare Act of ?<<>@
(robation Law of ;AE>
Indeterminate #entence Law
MIK*+
7combines the classical and the !ositi"ist
7a!!lied classical theor% for heinos crimes
7a!!lies the !ositi"ist for economic and social crimes
Q: What do we a!!l% in the (hili!!ines?
Mi:ed. )r s%stem is a little bit of classical and a little bit of !ositi"ist. 3he
R(C is classical and recent laws enacted b% the le$islatre are !ositi"ist in
natre.
Q: What is the de$ree of !roof needed to con"ict an accsed of a criminal char$e?
(roof be%ond reasonable dobt
NO!" #$%
Q: Is this absolte?
No.
In the crime of treason, (2R+ is not the onl% re5irement. 3here is a
re5irement of the ? witness rle
Q: Ma% a !erson be con"icted b% reason of the s!irit of the law?
No. )nl% b% the lan$a$e of the law. It shold be clear and in case of dobt, it
shold be fa"orable to the accsed.
June 21, 2011
Q: What are the 8inds of re!eals?
;. Absolte or *:!ress
7the e/ect is decriminaliFation
7the obliteration of a crime
7for !endin$ cases, the case shall be dismissed
7for those ser"in$ sentence, the% shall be released becase there is no
more reason for the accsed to ser"e sentence
?. (artial or Im!lied
7the crime is still !nishable, bt modifed =in terms of !enalt%@
7e:am!le: the case of Robin (adilla, (+ ;D>> was !artiall% re!ealed b% RA
D?AB, which redced the sentence for ille$al !ossession of frearms, ths
5alif%in$ Robin (adilla for !arole
H. #elf7re!ealin$
7deemed re!ealed !on the e:!iration of the date s!ecifed b% the law
7the law dies a natral death
7e:am!le: RA ;E<< =Anti7#b"ersion Law@ and Rent Control Law
Q: What is the !eneral characteristic of criminal law?
Criminal Law is bindin$ on all !ersons who li"e or so6orn in the (hili!!ine
territor%, re$ardless of race, nationalit%, !olitical aLliation.
Q: Is this rle absolte?
No. 3he e:ce!tions are: ;. 3reaties
?. Laws of !referential a!!lication
Q: What is the territorial characteristic of criminal law?
)nl% crimes committed within the (hili!!ine territor% ma% be !rosected
before (h cort
Q: What is the rationale behind this?
A crime is an o/ense a$ainst the di$nit%, athorit% and so"erei$nt% of the (h
territor%9 and onl% the state in which the di$nit%, athorit% and so"erei$nt%
has been o/ended has the ri$ht to !nish the o/ender.
NO!" #$%
CRIMINAL LAW Page : of 149
Q: Is the territorialit% absolte?
No. 3he e:ce!tions are: ;. 3reaties
?. Laws of !referential a!!lication
Q: )ther characteristic of criminal law?
(ros!ecti"e =non retroacti"it%@
*:ce!tion: fa"orable to the accsed
*:ce!tion to the e:ce!tion: accsed is a habital delin5ent
Q: Can %o $i"e an e:am!le of a treat% that is an e:ce!tion to the $eneralit% M
territorialit% !rinci!les of criminal law?
4GA
Q: Wh% is 4GA an e:ce!tion?
1eneralit% becase e"en if the accsed so6orn in the (hili!!ines, the
accsed will not be !rosected in !h corts
3erritorialit% becase e"en if the accsed committed the crime in the
(hili!!ines, the accsed will not be !rosected in !h corts
Q: Who are the !arties to 4GA?
,# and (&
Q: who are co"ered b% the 4GA?
,# militar% !ersonnel
,# ci"ilian !ersonnel connected to the ,# militar% o!erations in the
(hili!!ines
Q: Who is a ,# militar% !ersonnel?
militar% members of the ,nited #tates Arm%, Na"%, Marine Cor!s, Air Gorce,
and Coast 1ard
Q: Is the American Red Cross !ersonnel co"ered b% the 4GA?
0es. Is he is !art of the ,# !ersonnel
Q: What are the t%!es of 6risdiction in 4GA?
*:clsi"e and Concrrent
Q: What do %o mean b% e:clsi"e M concrrent 6risdiction?
*:clsi"e e:clsi"e of other corts9 "ests 6risdiction on one cort
Concrrent both contries ha"e 6risdiction
Q: When is it e:clsi"e?
(& ha"e e:clsi"e 6risdiction crimes !nishable nder (& laws bt not
!nishable nder ,# laws.
,# ha"e e:clsi"e 6risdiction 7 crimes !nishable nder ,# laws bt not
!nishable nder (& laws.
NO!" #$%
CRIMINAL LAW Page ; of 149
Q: When is it concrrent?
Crimes !nishable both nder (& and ,# laws.
Q: 2t, e"en if 6risdiction is concrrent, when will (& ha"e !rimar% 6risdiction?
'(hili!!ine athorities shall ha"e the !rimar% ri$ht to e:ercise 6risdiction
o"er all o/enses
'"specially, when it is a threat to the secrit% of the (hili!!ines,
a@ treason b@es!iona$e c@sabota$e
*KC*(3:
'crime committed b% a ,# !ersonnel a$ainst the !ro!ert% and secrit% of the
,# (h has no 6risdiction, these incldes:
;. a$ainst the !ro!ert% of the ,#
?. a$ainst the secrit% of the ,#
H. a$ainst the !ro!ert% of another militar% !ersonnel
B. a$ainst the secrit% of another militar% !ersonnel
N. committed in the !erformance of oLcial dties
Q: #!!ose ,# militar% !ersonnel was dri"in$ at Ro:as 2l"d to deli"er a confdential
letter to the ,# embass%, while dri"in$, he rn o"er a !edestrian, which cort has
6risdiction?
,#. Committed in the !erformance of oLcial dties.
Q: #!!ose one ni$ht ,# militar% !ersonnel went to the bar, after drin8in$ and
bein$ so ti!s%, ra!ed a woman, which cort has 6risdiction?
(&. Not in the !erformance of oLcial dties
Q: #!!ose ? Gili!ino citiFens wor8in$ as ,# militar% !ersonnel in the (& had a
5arrel. Gili!ino ; shoots Gili!ino ?. Who has 6risdiction?
,#. CitiFenshi! is immaterial. What is im!ortant is attachment to the ,#
militar%
Q: #!!ose the one who was in6red fled a ci"il case for dama$es, will it !ros!er?
No. 4GA co"ers onl% criminal as!ect
Q: ; ,# marine stole the wallet of another ,# marine, who has 6risdiction?
,#. (ro!ert% of another militar% !ersonnel
Q: #!!ose %o are a 6d$e, the ,# wrote a letter for %o to wai"e 6risdiction, what
will %o do?
1enerall%, the (& has to wai"e 6risdiction !on re5est of ,#. 3he re5est
for wai"er cannot be re6ected.
Q: Is this rle absolte?
No. 3he re5est for wai"er ma% be re6ected if the crime is of !articlar
im!ortance
NO!" #$%
CRIMINAL LAW Page - of 149
RA A>NA =heinos crime@
RA E>;< =child abse cases@
RA A;>N =dan$eros dr$s@
Q: #!!ose ,# militar% !ersonnel committed 8idna!!in$, who has 6risdiction?
(& corts. 3his is a crime a$ainst !ersonal secrit%
Q: 1i"e an e:am!le of Laws of (referential A!!lication that is local in natre?
Constittion
'immnit% sit of !resident
'absolte immnit% of Con$ress for !ri"ile$e s!eeches
'Con$ress immne from libel
N)3*: Art >, #ec ;;, ;ADE Consti is not an e:ce!tion. 2*CA,#* Con$ress is
onl% immne from arrest not from !rosection
Q: What else?
RA EN (blic International Law
+i!lomatic immnit% and cannot be sed, arrested or !nished b% the law of
the contr% where the% are oLciall% assi$ned:
Ambassadors
#o"erei$n or other chief of #tate
Ministers !leni!otentiar% or minister residents
Char$e dOa/airs
+omestic #er"ants of !ersons mentioned
N)3*: Consls and other conslar oLcials are not e:em!t from criminal
liabilit% becase the% re!resent the bsiness, commercial mercantile of their
contr%9 while, ambassadors, chiefs of #tate, etc. re!resent the !olitical
interests of their contr% of ori$in.
WAR#&I( R,L*
7warshi! of another contr%, e"en tho$h doc8ed in the (& is considered an
e:tension of the territor% of that contr%
Q: s!!ose the warshi! of ,# is doc8ed at #bic, one da%, %o went to #bic with
%or $f, bro$ht her to the shi!, and then ra!ed her. Will %o be !rosected?
No. Warshi! is an e:tension ,# territor%
Q: s!!ose after ra!in$ her, %o bro$ht %or $f to her !arents, will %o be
!rosected?
No. Warshi! rle
*mbass% Rle same as warshi! rle
NO!" #$%
CRIMINAL LAW Page < of 149
Q: #!!ose one da%, %o sht a !erson at Ro:as 2l"d, when the !olice oLcers were
rnnin$ after %o, %o 6m!ed o"er the fence of ,# embass%. Ma% the oLcers arrest
%o, while %o are inside the ,# embass%?
No.
Q: What is then the remed% of the oLcers =(h $o"ernment@?
*:tradition
Q: s!!ose a Gili!ina le$all% married had se:al intercorse with an American at the
(h embass%. Is there an% crime committed?
0es. 3he crime of adlter%, bt she cannot be !rosected nder (h corts
becase of the embass% rle.
Q: who else is e:em!t-immne from criminal !rosection?
*:ecti"e directors of W&)
Members of the Constittional Commission
Cstices of #!reme Cort
Q: &ow abot conslar oLcials?
3he% are not co"ered. 3he% are not e:em!t from criminal liabilit% becase
the% re!resent the bsiness, commercial mercantile interests of their contr%
of ori$in.
Q: #!!ose Ambassador of Ca!an to the ,# committed a crime in the (hili!!ines,
ma% he be !rosected?
0es, becase he is not a reco$niFed di!lomatic re!resentati"e of his contr%
to the (hili!!ines.
#rticle 2
P!ar ;7N of Art ? is not an e:em!tion to the territorialit% !rinci!le, it is
*K3RA3*RRI3)RIALI30Q
Q: 3he frst instance in Art ??
#hold commit an o/ense while on (h shi! or airshi!
Q: What is (h shi! or airshi!?
#hi! re$istered with MARINA
Airshi! re$istered with Ci"il Aeronatics 2oard
Q: What are the re5irements in order a shi!-airshi! be a (h shi!?
It mst be re$istered in accordance with (h laws
Q: Wh% not re$ister in 2rea of Cstoms?
3he law re5irin$ re$istration in 2rea of Cstoms had been re!ealed. Now
its Marina and CA2
NO!" #$%
Q: +oes (& inclde warshi!?
No. Warshi! has di/erent rle
Q: #!!ose a car$o shi! in QeFon $oin$ to Mala%sia, within (h territor%, ; crew
committed homicide a$ainst another crew, who has 6risdiction?
(&. 3he crime is committed in (& territor%
It is not im!ortant whether car$o shi! is re$istered or not, becase crime
committed in (h territor%. =3erritorialit% !rinci!le@
Q: #!!ose that car$o shi! tra"ersed thro$h international waters then reached the
waters of Mala%sia, ; crew member committed homicide a$ainst another. Which
cort?
Mala%sia. 2ecase the crime is committed in Mala%sian waters
PArt ?, !ar ; ceases to a!!l% if the shi! is in the territor% of forei$n contr%
PArt ?, !ar ; a!!lies onl% if the shi! is in international waters
Q: #!!ose %o li"e in a coastal town, then %o hired an nre$istered motorboat,
then %o went to intOl waters, then %o shoot %or $f becase %o are so de!ressed
becase of recitations in criminal law re"iew, will %o be liable?
No. nre$istered motorboat
Q: s!!ose in the same motorboat, a married man with his new $f went on hi$h
seas, and there $ot married. Is the man liable for an% crime?
0es. &e is liable for bi$am%. =becase he contracted a second marria$e@
2,3 he cannot be !rosected becase of the territorialit% !rinci!le. 3he crime
was committed otside (h territor%.
Q: s!!ose after the weddin$ ceremon%, %o went to a resort, where there is a bi$
rece!tion. In that resort, %o had %or hone%moon9 will %o =married man@ be liable
for an% crime?
No. Not concbina$e becase mere se:al intercorse not !nishable, it
mst be nder scandalos manner
Q: s!!ose after %or hone%moon, %o li"e to$ether in a condo in Manila, will %o
be liable?
0es. Concbina$e
Cohabitation9 li"in$ in a se!arate home as hsband and wife
Q: What are the ? rles?
*n$lish Rle "essel is in the territor% of another contr%, crimes committed
in that area are triable in that other contr%, nless the crimes committed
in"ol"e !rel% internal matters within the "essel9 the em!hasis is on the
territorialit% of the "essel9 where the "essel is fond
NO!" #$%
CRIMINAL LAW Page 1, of 149
Grench Rle "essel is in the territor% of another contr%, crimes committed
in that area are not triable in that contr%, nless the crimes committed ha"e
endan$ered the !eace and secrit% of that contr%9 the em!hasis is on the
nationalit% of the "essel9 6risdiction lies where the merchant "essel is
re$istered.
P3he (& adheres to the *n$lish rle
Q: Car$o shi!, re$istered in (anama while in Manila, ; crew member shoot the other
crew member, who has 6risdiction?
(h corts. Crime committed in manila
Q: Car$o shi!, re$istered in (anama, carried shab, which cort has 6risdiction?
(h corts.
Q: #econd instance in Art ??
Art ? !ar ?.
$hould for!e or counterfeit any coin or currency note of the %hilippine Islands
or obli!ations and securities issued by the &o'ernment of the %hilippine
Islands
Q: what ma% be the sb6ect of for$er%?
An% coin, Crrenc% Note, obli$ations and secrities issed b% the 1o"ernment
of the (hili!!ine Islands
Q: #!!ose %o ha"e a !rintin$ !ress in 3aiwan, and %o !rinted 2a$on$ Li!nan
notes =martial law@, liable?
No. 2ecase 2a$on$ Li!nan notes are not le$al tender
Q: #!!ose coins withdrawn from circlation, liable?
0es. 3he law does not distin$ish. It sa%s AN0 C)IN
Q: #!!ose in %o tam!ered a lotto tic8et, liable?
0es. Lotto tic8et is obli$ations and secrities issed b% the 1(I
Q: $i"e e:am!les of obli$ations and secrities of 1(I
3reasr% bills, lotto tic8ets, bonds of the 2#(
P)bli$ations and #ecrities of 1#I#, ###, Landban8 are not of the 1(I
becase the% ha"e their own charter
Q: an% other instance?
Art 2, par 3
$hould be liable for acts connected with the introduction into these islands of
the obli!ations and securities mentioned in the presidin! number
Pthose who introdced the conterfeited items are criminall% liable, e"en if
the% were not the ones who conterfeited the obli$ations M secrities
NO!" #$%
Pon the other hand, those who conterfeited the items are criminall% liable
e"en if the% did not introdce the conterfeit items
Q: an% other instance?
Art 2, par. 4
(hile bein! public o)cers or employees, should commit an o*ense in the
e+ercise of their functions
Q: who is a !blic oLcer? ,see #rt 2-3)
'ta8in$ !art in the !erformance of !blic fnctions in the $o"ernment, or
!erformin$ in said $o"ernment or in an% of its branches !blic dties as an
em!lo%ee, a$ent or sbordinate oLcial, of an% ran8 or class9 and
'that his athorit% to ta8e !art in the !erformance of !blic fnctions or to
!erform !blic dties mst be
a. b% direct !ro"ision of the law, or
b. b% !o!lar election, or
c. b% a!!ointment b% com!etent athorit%
Q: #!!ose (& ambassador to 1erman% was $i"en ,#+ ?<<,<<< as a fnd to
reno"ate the (& embass% bildin$ in 1erman%. &e sed onl% ,#+ N<,<<< for the
reno"ation, and $a"e the ,#1 ;N<,<<< to his nmber ? in 1erman%. Is he
=ambassador@ liable?
0es. &e is liable for mal"ersation of !blic fnds. &e ma% be !rosected in (h
corts.
&e was in cstod% of the mone% b% reason of his oLcial fnctions
Q: #!!ose or AG( hi$h oLcials were tas8ed to scot for frearms abroad, and
while the% are ne$otiatin$ with forei$n com!anies abroad, these com!anies
inserted ,#+;<<< in the !ro!osal folder in antici!ation that their com!an% will be
chosen b% AG( to be the s!!lier of or frearms. Ma% these AG( oLcials be liable?
0es. 3he% are liable for briber%.
Q: =follow7!@ *"en if the act of acce!tin$ the bribe was committed abroad, will the%
still be liable?
0es, becase the act was committed in relation or while the AG( are in
dischar$e of their oLcial fnctions.
Q: #!!ose Chairman Abalos =comelec@ while !la%in$ $olf in #han$hai, China
recei"ed ,#+N<,<<< in relation to the R3*? Is there a crime committed? Ma% he be
liable?
Crime anti $raft M corr!t !ractices act
2,3, he cannot be liable-!rosected before (h corts becase Abalos has
nothin$ to do with R3* =!a8i alamera lan$ si%a@. 3herefore, he recei"ed the
mone% not in connection with his oLcial fnction.
Q: #!!ose the (& ambassador to Astralia is le$all% married. Can he be !rosected
for concbina$e?
NO!" #$%
CRIMINAL LAW Page 1+ of 149
No. Crime was committed otside (&
Crime was not in relation to oLcial fnctions
"lements of concubina!e.
;. 3hat the man mst be married.
?. 3hat he committed an% of the followin$ acts:
a. See!in$ a mistress in the con6$al dwellin$.
b. &a"in$ se:al intercorse nder scandalos circmstances with
a woman who is not his wife.
c. Cohabitin$ with her in an% other !lace.
H. 3hat as re$ards the woman she mst 8now him to be married
Q: Can the (& ambassador se immnit% from sit as a defense a$ainst (& corts?
No
Q: (& ambassador, married, had se:al intercorse with her American bo%friend in
the comfort room of (& embass%. Ma% he be !rosected?
0es. (h embass% is an e:tension of (h territor%
/or what crime 0 adultery
Q: ma% the American citiFen bf be liable for an% crime?
0es. Adlter%
"lements.
'3hat the woman is married =e"en if marria$e sbse5entl% declared
"oid@
'3hat she has se:al intercorse with a man not her hsband.
'3hat as re$ards the man with whom she has se:al intercorses, he
mst 8now her to be married.
Q: Last instance?
Art 2, par 5
$hould commit any of the crimes a!ainst national security and the law of
nations, dened in 1itle 2ne of 3oo4 1wo of this Code5
Q: 1i"e e:am!le of crimes a$ainst national secrit%?
3reason, es!iona$e, cons!irac% to commit treason
Q: &ow abot rebellion?
No. rebellion is crimes a$ainst !blic order
Q: crimes committed b% the MILG?
No. Crime a$ainst !blic order
Q: e:am!le of "iolation of the law of nations?
Anti terror law
Crimes a$ainst hmanit%
1enocide
NO!" #$%
Q: what are the ? 8inds of !irac%?
(irac% nder the R(C
(irac% nder (+ NH?
Q: what does Art ? co"ers?
(irac% nder R(C onl%. 2ecase !irac% nder (+NH? is committed within (&
waters
#rticle 3
Q: What are felonies?
Acts and omissions !nishable b% law are felonies =delitos@.
Q: What do %o mean b% I!nishable b% lawJ
(nishable b% the R(C
Q: how felonies are committed?
Gelonies are committed not onl% be means of deceit =dolo@ bt also b% means
of falt =culpa@.
Q: What is dolo? What is cl!a?
3here is deceit when the act is !erformed with deliberate intent and there is
falt when the wron$fl act reslts from im!rdence, ne$li$ence, lac8 of
foresi$ht, or lac8 of s8ill.
P4iolations of R(C felon%
P4iolations of s!ecial !enal law o/enses
P"iolations of ordinance misdemeanor =minor infraction of the law@
Q: What are the re5isites of felon%?
;. Act or omission
?. R(C
H. 4olntar%
a. Greedom
b. Intelli$ence
c. Intent
PALL M,#3 2* (R*#*N3 IN )R+*R 3) INC,R CRIMINAL LIA2ILI30
Q: Is ille$al !ossession of bladed wea!on a felon%?
No. It is not nder the Re"ised (enal Code
Att%. Amrao Lectre &i$hli$hts:
61o be considered as a felony there must be an act or omission7 a mere
ima!ination no matter how wron! does not amount to a felony5
NO!" #$%
6#n act refers to any 4ind of body mo'ement that produces chan!e in the
outside world5 /or e+ample, if you ha'e in your mind that you will rape this
beautiful lady, but you did not rape her, you will not be liable5
6#ctus non facit reum, nisi mens sit rea ,an act of a criminal should be
coupled by a criminal mind)
6It does not mean that if an act or omission is punished under the 8e'ised
%enal Code, a felony is already committed5 1o be considered a felony, it must
also be done with dolo or culpa5
6If you do not ha'e freedom, the act is not 'oluntary7 the act is not a felony
61hese are amplied in the some pro'isions of the 8%C, li4e9
Intelli!ence 0 art 12 0 insanity, imbecility, minority
/reedom 0 art 12 0 under compulsion of some irresistible force7 fear of
!reater injury
Intent 0 art 12 0 by mere accident w:out fault or intent to cause harm
6;ista4e of fact is a 'alid defense
Q: What are the di/erences between MALA IN #* and MALA (R)&I2I3A
MALA IN #* MALA (R)&I2I3A
'intent is essential 'intent is not essential
'$ood faith is a "alid
defense
'$ood faith is not a "alid
defense
'honest mista8e of fact is
a defense
'honest mista8e of fact is
not a defense
'!nishable nder R(C '!nishable nder
s!ecial laws
'condemned b% societ% 'in6rios to !blic
welfare
'act done mst be
criminal intent
'it is sLcient that the
!rohibited act was done
Q: $i"e e:am!les of Mala In se?
R(C homicide, mrder, !arricide, arson T and so onT
Q: $i"e e:am!les of Mala !rohibita
Anti Gencin$ Law
2oncin$ Chec8 Law
Ille$al (ossession of Girearms
Anti &man 3raLc8in$ Law
Anti &i6ac8in$ Lac8
NO!" #$%
CRIMINAL LAW Page 1: of 149
Q: #!!ose %or bf is a !olice oLcer, ; da% while %o were ha"in$ %or date in
Lneta (ar8, %or bf had to answer the call of natre, so he handed to %o his !istol,
while %o were holdin$ it, the oLcers arrested %o, ma% %o be liable for ille$al
!ossession of frearms?
No. 3ransient (ossession not liable
Altho$h I was in !ossession, altho$h I ha"e no license to !osses, #till not
liable becase I ha"e no intent, and this is an e:ce!tion to mala !rohibita
Q: #!!ose the !olice oLcers are rnnin$ after a man, then the man throw his .BN
caliber, %o were arond the corner and %o e:tended %or arms, then the frearm
fell on %or hands, ma% %o be liable for ille$al !ossession?
No. 3ransient !ossession
Q: #!!ose I =att%. Amrao@ morta$ed m% frearm to %o for H< da%s, and on the ?<
th
da%, there was a raid in %or hose, ma% %o be liable for ille$al !ossession?
0es. 3here is anims !ossendi
an act or omission
Act any physical mo'ement of the bod% =Amrao@9 any bodily
mo'ement tendin$ to !rodce some e/ect in the e:ternal world
=Re%es@
Omission means inaction9 the failure to perform a !ositi"e
dt% which one is bond to do9 there must be a law re5irin$ the
!erformance of an act and !nishin$ the omission9 e$. arbitrar%
detention9 mis!rision of treason
punishabl b! th R"is# $nal Co#
PWhen there is a confict between special penal laws and
the Revised Penal Code, in terms of the application of
penalties, what to follow?
PWhat is im!ortant is the defnition and the classifcation of
the act =whether it is an o*ense or a felony@
$pecial %enal Laws U !enalties are stated in terms of years,
months, days
8e'ised %enal Code U !enalties are stated in terms of de!rees,
with death as the hi!hest penalty9 classifed as indi'isible or
di'isible
a. indi"isible U death and !blic censre
b. di"isible =has H !eriods9 what !eriod to a!!l% is
de!endent on the a$$ra"atin$ and miti$atin$
NO!" #$%
CRIMINAL LAW Page 1; of 149
circmstances !resent in the case@
$naltis un#r th R$C %in #scn#in& or#r in trms o'
#&r(
+eath or Ca!ital (nishment 7 indi'isible
Reclsion (er!eta =?<%rs M ;da% B<%rs@
Reclsion 3em!oral =;?%rs M ;da% ?<%rs@
(rision Ma%or =>%rs M ;da% ;?%rs@
(rision Correccional di'isible
or +estierro =>mosM;da% >%rs@
Arresto Ma%or =;mo M ;da% >mos@
Arresto Menor =;da% H<da%s@
Gine
(blic Censre indi'isible
th acts #on shoul# b voluntar =Amrao@
voluntar 7 the concrrence of intelli!ence, freedom, intent
=)rte$a@
Pall should be present in order to incr criminal liabilit%
=a@ intelli!ence no intelli$ence, no criminal liabilit%9 e$.
children ;N %rs old M below are e:em!t from criminal
liabilit% =RA AHBB@
=b@ freedom no freedom, act is not "olntar%, no criminal
liabilit%
=c@ intent essential to a felon%9 !rosection has to !ro"e
intent9 !ood faith is a defense
#rticle 12 of the 8%C =*:em!tin$ Circmstances@ is am!lifed b%
the im!ortance of the element of "olntariness:
=a@ intelli$ence insanit%-imbecilit% VArt.;?=;@W9 minorit%
VArt.;?=?MH@W
=b@ freedom nder the com!lsion of some irresistible force
VArt.;?=N@W9 fear of $reater in6r% VArt.;?=>@W9 failre to !erform
an act re5ired b% law when !re"ented b% some lawfl or
ins!erable case VArt.;?=E@W
=c@ intent b% mere accident w-o falt or intent to case harm
VArt.;?=B@W
Alibi sed in defense sa%in$ that the act or omission was not
done at all9 intends to dispro'e the e+istence of an act or omission9
wea"est defense9 can easil% be fabricated9 e$. 4iFconde case
WebbOs alibi U he ar$ed that he was in the ,# when the crime
NO!" #$%
CRIMINAL LAW Page 1- of 149
ha!!ened, therefore, he cold not ha"e 8illed the "ictims, claimin$ that
he is innocent
#ctus non facit reum, nisi mens sit rea an act of a criminal shold be
co!led b% a criminal mind
the defense of honest mista"e of fact
7 the act done b% the accsed wold ha"e constitted:
=a@ a 6stif%in$ circmstance =Art.;;, R(C@
7 in all instances U no criminal liabilit%9 no ci"il liabilit%
=b@ an absoltor% case VArt.?BE=?@W

=c@ an in"olntar% act
R)uisits 'or honest mista"e of fact as a #'ns*
1. that the act done wold ha"e been lawfl had the facts been
as the accsed belie"ed them to be
2. that the intention of the accsed in !erformin$ the act shold
be lawfl
3. that the mista8e mst be withot falt or
ne$li$ence-carelessness on the !art of the accsed
Cass on honst mista+ o' 'act*
1# $% v# &h Chon! =landmar8 case@
7 Ah Chon$ 8illed friend (ascal thin8in$ he was a thief-ladron
7 there was sLcient warnin$ on the !art of accsed9 accsed
was ac5itted
2# $% v# &pe!o
7 accsed 8illed her brother7in7law in fear of bein$ ra!ed9 $ilt%
of homicide
'# People v# (anis
7 !olicemen 8illed the wron$ !erson w-o warnin$9 $ilt% of
mrder
)# People v# *aambao
7 accsed 8illed his brother7in7law thin8in$ he was an otlaw
7 brother7in7law acted as if he $oin$ to attac89 accsed was
ac5itted
Moti"
7 special reasons that impel the accused to act =Amrao@
7 the mo'in! power which im!els one to action for a defnite reslt =Re%es@
7 not an essential element of a felon%
7 e"idence of moti"e is necessary only in case of: =;@ dobt in the identit% of
the accsed =Amrao@, =?@ two conXictin$ "ersions of the crime
7 moti"e is established b% the testimon% of the witness
7 lac8 of moti"e ma% be an aid in showin$ innocence
NO!" #$%
CRIMINAL LAW Page 1< of 149
,iscrnmnt abilit% of the accsed to determine ri!ht from wron!
-.cptions to th &nral rul on malum prohibitum crims %$L-A/-
R-0-R 1O R-2-/ 3OO4(
1. Cuenca v# People
7 Cenca was ac5itted b% the #C from the crime of ille$al !ossession of an
nlicensed frearm9 it is said that the #C erred in its decision =Amrao@
2. People v# +andicho
7 con"icted b% the trial cort9 decision re"ersed b% the Cort of A!!eals
7 the CA held that con"ictin$ the accsed wold be sacrifcin$ sbstantial 6stice for
mere technicalit%
3. People v# ,allare
7 case was abot the dela% of the issance of the license
7 the accsed con"icted b% the trial cort9 decision re"ersed b% the CA
7 the CA held that the blame shold be !t on the $o"ernment not on the a!!licant
of the license
4. mere transient possession of unlicensed rearm
7 not criminall% liable
7 in the crime of ille!al possession of unlicensed rearm, for an accsed to be
criminall% liable, there shold be animus posidendi or <intent to possess=
#rticle 4
Conce!t of !ro:imate case in6r% inXicted
Q: What is !ro:imate case?
$ro.imat caus is that case which sets into motion other cases and
which nbro8en b% an% eLcient s!er"enin$ case !rodces a felon% withot
which sch felon% cold not ha"e reslted
As a $eneral rle, the o/ender is criminall% liable for all the conse5ences of
his felonios act, altho$h not intended, if the felonios act is the !ro:imate
case of the felon% or resltin$ felon%.
A !ro:imate case is not necessaril% the immediate case. 3his ma% be a
case which is far and remote from the conse5ence which sets into motion
other cases which reslted in
the felon%.
NO!" #$%
Imm#iat caus infection
Q: What is eLcient inter"enin$ case?
*Lcient Inter"enin$ Case interr!ted the natral Xow of e"ents leadin$ to
oneOs death
'4ictim is nder no obli$ation to sbmit to medical treatment to redce or miti$ate
the liabilit% of the accsed.
Q: A, 2, C hold ! a bs, a !assen$er ran awa%, hit b% the car, !assen$er died. Who
is liable?
A2C
Q: &old ! in a nearb% $rocer% store, old man sddenl% colla!sed seein$ the
commotion, old man e"entall% died, who is liable?
Robbers
Immediate case heart failre
Q: #!!ose Att% Amrao drin$ recit, %o colla!sed, hit the table and massi"e
bleedin$, dead on arri"al, is amrao liable?
No. Recit is not a crime
Q: s!!ose becase of %or wron$ answers, amrao shoted defamator% words,
liable?
0es. Amrao committed slander
Q: Is it wron$ to lo"e a married !erson?
No. As lon$ as it does not $o be%ond that !oint
Q: #e:al intercorse with a married woman, while doin$ the act, the woman had
heart attac8, will %o be liable?
0es. 0o committed adlter%
Q: Man married, had a se:al intercorse with a sin$le woman, the woman had
heart attac8, died. Will %o be liable?
No. Concbina$e is not committed
Q: If nder a tree in Lneta?
0es. Liable for concbina$e, nder a scandalos manner
Q: both sin$le, man is a teacher, woman is a stdent, liable?
No. 3here is no crime
Q: If the stdent is nder ;D %ears old, will %or answer be the same?
NO!" #$%
CRIMINAL LAW Page +, of 149
No. 3his time there is a crime. Qalifed sedction or ra!e b% $ra"e abse of
athorit%
Q: What is an im!ossible crime?
Q: 1i"e the case of Intod
Q: 1i"e the elements of im!ossible crime "is7Y7"is facts of Intod
Q: 1i"e the case of (( " Cacinto?
Q: do %o a$ree with the decision?
Q: &ow is theft committed?
Q: Is it an element that the accsed shold ma8e or actall% !roft?
No
Q: Ma% a !erson be liable if he did not commit a crime?
0es. Im!ossible crime. 3echnicall% no crime, sb6ecti"el% there is a crime
Q: What is the !enalt%?
Arresto Ma%or or a fne ran$in$ from ?<< to N<<
P,rbano case
Q: what is the ne$li$ence committed b% Ca"ier?
Causs 5hich ma! pro#uc a rsult #i6rnt 'rom that 5hich th o6n#r
intn##, as contmplat# in Art. 4 %1(
1. there is a mista"e in the identit of the "ictim
7 also 8nown as error in personae9 or napa!4amalan
7 not a defense in a criminal case9 not e"en a miti$atin$ circmstance
2. there is a mista"e in the blow
7 also 8nown as aberration ictus
7 not a defense in a criminal case9 not e"en a miti$atin$ circmstance
3. the in-urious result is !reater than that intended
7 also 8nown as praeter intentionem
Article B=;@ contem!lates that there should be a felon bein! committed
7 em!hasis is not on the mere wron!ful act9 it should constitute a felon
7 e$. the act of committin! suicide results to others bein! injured U punishable
under #rt54,1) becase altho$h not intended, the in6r% was cased b% means of
culpa, which can constitte a felon%
NO!" #$%
CRIMINAL LAW Page +1 of 149
Article B=;@ does not apply if the act committed constittes a crime punishable by
special law
Concubina!e 7 instances
7 a hsband brin$in$ home a woman, that is not his wife, to the con6$al dwellin$
7 ha"in$ se:al intercorse nder scandalos circmstances
7 cohabitation9 li"in$ in a se!arate home as hsband and wife
$ro.imat Caus
7 there is a chain of cases from an ori$inal act that reslts to an in6r%
7 if the result can be traced bac4 to the ori!inal act, then the doer of the ori$inal act
can be held liable
-7cint Intr"nin& Caus interrupted the natural >ow of e"ents leadin$ to
oneOs death
Q: What is im!ossible crime? What is the reason for !nishin$?
#!!ress criminal !ro!ensit%
Q: #!!ose son for$ed si$natre of his father in a chec8, the de!osited the chec8,
bt was dishonored, is this im!ossible crime?
No. Galsifcation of commercial docment. Gor$er% is a crime a$ainst !blic
interest
1i"e the elements of for$er%
Q: 0or room mate 88nin %n$ 6ewelr% na nasa cabinet na na8a7loc8, ta!os wala
!ala %n$ 6ewelr% dn sa cabinet, im!ossible crime?
No. 3heft of 8e% n$ taman$ sa$ot
Pwoman lan$ an$ !wede for forcible abdction
Instancs 5hn thr is a pro.imat caus an# 5hn thr is non
When there is an intervenin! disease and the disease is:
%a( closel related to the wond=s@ U accsed is criminally liable
%b( unrelated to the wond=s@ U accsed is not criminally liable,
becase the disease not associated with the
wond=s@, e$. brain tmor
%c( a combined force with the wond=s@ U accsed is criminally liable,
becase the mortal wound is a
contributin! factor to the 'ictim?s death
NO!" #$%
CRIMINAL LAW Page ++ of 149
A mortal wound is a contributin! factor when:
i. the wound.s/ is-are su)cient to cause 'ictim?s death alon$ with
the disease
ii. the mortal wound was cased b% actions committed by the
accused
2. When the death was cased b% an infection of the wound de to the
uns"illed medical treatment from the doctors:
=a@ if the wound is mortal U accsed is criminally liable, becase the
uns4illed treatment @ infection are not
e)cient inter'enin! causes
mortal wound Z uns4illed medical treatment onl% U accsed is
criminally liable becase the mortal wound naturally led to the death of
the "ictim
=b@ if the wound is sli!ht U accsed is not criminally liable, becase
the uns4illed treatment @ infection are e)cient inter'enin! causes
'In $rbano v# 0&C, the wound cased b% accsed ,rbano was alread% treated and
was in the normal process of healin! which is in a!!ro:imatel% Bwee8s9 bt becase
deceased Ca"ier did not wait for the wond to heal and still wor8ed b% fshin$, his
wond $ot infected with tetans which cased his death. 3he actions of the
deceased when he still wor4ed without waitin! for his wound to heal was an
e)cient inter'enin! cause, ths the accsed is not liable for his death an%more.
Q: What is the purpose for !nishin$ an im!ossible crime?
3he purpose of !nishin$ an im!ossible crime is to pre'ent or suppress the
criminal tendency of the accsed
(ersons fond $ilt% of im!ossible crimes are sentenced to arrestor ma%or
=;mo.;da% to >mos.@ !rsant to Article NA of the Re"ised (enal Code
2bjecti'ely, there is no crime
$ubjecti'ely, the crime is present
$hould there be a crime committed, in order to be held liable for an im!ossible
crime? 12%9 the act.s/ should constitute a crime a!ainst persons or
propert
R)uisits 'or an impossibl crim un#r Articl 4%2(
1. that the act !erformed wold be an o*ense a!ainst persons or property
NO!" #$%
2. that the act was done with e'il intent
3. that its accomplishment is inherently impossible or that the means
employed is either inadeAuate or ine*ectual
4. that the act !erformed should not constitute a 'iolation of another
pro'ision of the Re"ised (enal Code
Rape sed to be a crime a$ainst chastit%9 bt becase of RA DHNH, ra!e was
reclassied as a crime a!ainst persons, therefore, one can now be held liable
for the im!ossible crime of ra!e
In People v# 0ntod, the Court erred in its decision of considerin$ the acts of the
accsed as an im!ossible crime nder Art.B=?@ of the R(C becase the 4
th
element:reAuisite was not satised. 3he acts of the accused of shootin$ at the
hose and dama$in$ the same, can constitute as malicious mischief, which is a
crime a!ainst property. 3herefore, the accsed shold ha"e been char$ed with the
latter instead of fndin$ them $ilt% onl% of the im!ossible crime of mrder.
Jul ), 2011
Q: Who incrs criminal liabilit%?
Q: What is a !ro:imate case?
Q: if there is a crime intended and a crime committed is di/erent, what is the e:tent
of criminal liabilit%?
3he lesser !enalt% will be im!osed.
If the crime intended has a lesser !enalt%, then that will be char$ed
If the crime committed has a lesser !enalt%, then that will be char$ed
Q: #!!ose %o will rob a 6ee!ne%, becase of fear, the !assen$er 6m!ed of and
died, will be liable?
0es. 2ecase I am committin$ a felon%, and I am liable for its e/ects.
Q: #!!ose Amrao drin$ %or recit, !ointed a $n at %o becase of %or wron$
answers, then %o colla!sed and died. is amrao liable?
0es. 3here is $ra"e threat
Q: #!!ose the $n was a to% $n, liable?
0es, still liable. 3here is still threat
Q: #!!ose becase of %or low $rade in criminal law re"iew, %o brea8 ! with
%or bo%friend bein$ so sad, %or bf colla!sed and died, liable?
No. 2rea8in$ ! is not a felon%
Q: #!!ose while %o and %or bo%friend is doin$ the act itself =do I need to
elaborate[alam mo na %an@, %or bf colla!sed and died, will %o be liable?
No. 3he act of ha"in$ se: is not a felon%.
NO!" #$%
Q: e"en if %o are not married to each other?
0es sir
Q: s!!ose %or bf is married, are %o liable?
0es. Concbina$e
Q: #!!ose man had se:al intercorse with married woman, bt the woman
consented, crime?
Adlter%
#rticle 5
Articl 5%1( R)uirmnts*
1. the act committed by the accused a!!ears to be not punishable by law
2. bt the court deems it proper to repress such act
3. in that case, the court must render the proper decision by dismissin! the
case and acAuittin! the accused
4. the jud!e must then ma4e a report to the Chief *:ecti"e thro$h the
#ecretar% of Cstice statin$ the reasons which indce him to belie"e that the
said act should be made the subject of penal le!islation
3asis 'or Articl 5%1(*
<Bullem crimen, nulla poena sine le!e5=7 3here is no crime if there is no law that
!nishes the act
3h dismiss4 In the absence of a law that will !nish the accsed, the 6d$e
cannot im!ose a !enalt% becase the duty of the jud!e is only to interpret or
apply the law7 the jud!e cannot reprimand or curse the accused because it would
eAuate to public censure7 the reprimand would be inconsistent with the acAuittal
Articl 5%2( 8 25cessive Penalties
Q: What are the re5irements?
1. the court after trial nds the accused !uilty
2. the penalty pro'ided by law and which the cort im!oses for the crime
committed appears to be clearly e+cessi'e becase:
=a@ the accused acted with lesser de!ree of malice and-or
=b@ there is no injury or the injury caused is of lesser !ra'ity
NO!" #$%
CRIMINAL LAW Page +: of 149
3. the court should not suspend the e+ecution of the sentence
4. the jud!e should submit a statement to the Chief "+ecuti'e thro$h the
#ecretar% of Cstice, recommendin! e+ecuti'e clemency
3he %resident has the power to !rant e+ecuti'e clemency, thro$h !ardon, !arole,
commtation =redction of sentence@, re!rie"e or amnest%
Articl 5%2( ma not be invo"ed in cases in'ol'in! acts mala prohibita
becase said article onl applies to acts mala in se becase the rlin$ is based
on the !hrase in the !ro"ision, ta"es into consideration the de!ree of malice
#rticle C
Q: What are the sta$es in the commission of a felon%?
Consummated a felon% is consummated when all the elements
necessar% for its e:ection and accom!lishment are !resent
6rustrated 7 it is frustrated when the o/ender !erforms all the acts for
e:ection which wold !rodce the felon% as a conse5ence bt,
ne"ertheless, do not !rodce it b% reason of cases inde!endent of the will of
the !er!etrator
&ttempted there is an attempt when the o/ender commences the
commission of the felon% directl% b% o"ert acts and does not !erform all the
acts for e:ection which shold !rodce the felon% b% reason of some case
or accident other than his own s!ontaneos desistance
NO1-* A"ailabl onl! in R$C.
Q: 1i"e e:am!le of each =consmmated, frstrated, attem!ted@
Q: What are the !hases?
/ub9cti" phas from the time the o/ender commences the commission
! to the performance of the last act where he still has control9 an
attempted felon is committed within the sb6ecti"e !hase and does not $o
be%ond this !hase
Ob9cti" phas frstrated and consmmated felonies are within the
ob6ecti"e !hase
=a@ frustrated the felon% is com!lete bt still is still not !rodced as far
as the o/ender is concerned
=b@ consummated when all the elements nder the Re"ised (enal Code
are !resent
R2,2,*2R7 in &rson
NO!" #$%
CRIMINAL LAW Page +; of 149
%a( consummated U so lon$ as a !art of the bildin$ is brned, no matter
how small
%b( frustrated U if onl% the contents of the bildin$ =e$. chairs and tables@
are brned
%c( attempted U contents ha"enOt been brned
PIntent is alwa%s established. Sahit !a a!!rehended at the time ot in the act
of brin$in$-$ettin$ $asoline attem!ted !a din
PIndeterminate sta$e intent is not %et established
Q: #!!ose bilt in cabinets, brned the clothes in the cabinet, incldin$ the
cabinet?
Consmmated arson, deemed !art of the bld$
Q: #!!osin$, the accsed brou&ht &asolin into a bildin$, 5ith th intnt to
burn the bildin$, bt was apprhn## b% the secrit% $ard9 did the crime of
arson commence?
2-/, ths the accsed is liable for attmpt# arson, becase the brin&in&
o' &asolin was alread% an o"ert act while the apprhnsion was the reason
other than his own s!ontaneos desistance.
Q: #!!osin$, sin$ the same set of facts abo"e, bt 5ithout th intnt to burn
the bildin$, is there criminal liabilit%?
NO, in fact there is no crim, becase the acts were onl% in an
in#trminat sta&.
Q: #!!ose the white board was brned?
White board not an inte$ral !art
Q: when is the crime in the attem!ted sta$e?
In#trminat /ta& we do not 8now what crime is in the mind of the
o8ender9 the crime has not %et been determined9 there are still two !ossibilities
when the accsed was ca$ht
Accordin$ to (rof. Amrao, when a !erson is accsed of committin$ a felon%, we
ha'e to rst establish the crime in the mind of the o*ender to establish the
commencement of the commission of the felony9 otherwise, the sitation when
he was ca$ht wold be in an indeterminate sta!e, wherein the crime that the
accused intended to do could not be determined
9heft:Robber
NO!" #$%
CRIMINAL LAW Page +- of 149
7 both these crimes are committed b ta"in! the !ersonal !ro!ert% of
another and, with the intent to !ain
7 the di8erence is that in robber, there is the use of force or violence
7 so lon$ as the act stated in the RPC is done, the crime is consummated
7 it does not matter how lon$ the !ro!ert% was in the !ossession of the
accsed9 it does not matter whether the !ro!ert% was dis!osed or not9 what
matters is whether or not there was ;asportacion< U unlawful ta4in!
7 momentar possession consummates the crime of theft or robber%
7 returnin! the item to the owner is immaterial9 has no e8ect to the
crime
7 upon consummation of the crime, criminal liabilit automatically
attaches
Q: %o are wal8in$ in recto, cell!hone was snatched, bt it was retrn to %o. What
sta$e?
Consmmated
Q: s!!ose in a !ri"ate sbdi"ision, with intent to commit robber%, %o are tin8erin$
with the loc8 of a $ate, the secrit% $ard a!!rehended %o. Liable?
0es. Attem!ted robber%
Q: s!!ose %o intent to commit robber%, then %o !lace a ladder at the wall of the
hose, when %o !lace the ladder, %o were a!!rehended. Liable?
0es. Attem!ted robber%
Q: if no intent?
Not liable
Q: accsed tr%in$ to o!en %or car, !roblem is silent with the intent, ma% %o be
liable for attem!ted theft?
No.
)!enin$ the door of the car onl% indeterminate sta$e
Q: #!!osin$, the accsed was tin+rin& 5ith th loc+ of the $ate of a nei$hborOs
hose, 5ithout th intnt to commit a 'lon!9 is he liable for an%thin$?
NO, becase the sitation was in an indeterminate sta$e wherein it cold
not be determined what the accsed intended to do
NO!" #$%
CRIMINAL LAW Page +< of 149
Q: #!!osin$, the accsed 9ump# o"r th 'nc into another !ersonOs hose
5ithout th intnt to commit robber%, is he liable for attem!ted robber%?
NO, bt he is liable for the crim o' trspassin&
P#ame with arson, when a !erson is accsed of committin$ a felon%, we
ha'e to rst establish the crime in the mind of the o*ender to establish
the commencement of the commission of the felony9 otherwise, the
sitation when he was ca$ht wold be in an indeterminate sta!e, wherein
the crime that the accused intended to do could not be determined
In People v# +amahan!, the accsed was able to o!en one board of the door to
!ri"ate res!ondent 3an 0Os store, when the !olice ca$ht him. 3he #C rled that
the accsed is not liable for attempted robbery becase the intent to rob 1an Du?s
store was not established, ths when accsed was ca$ht, it was in an
indeterminate sta$e. 2t the Cort held him liable for attempted trespass to
dwellin!
In People v# %alvilla, the accsed were held liable for the crime of robbery with
serious ille!al detention and serious physical injuries, and not frustrated robbery,
e"en without physical ta4in! or possession of the mone% the% demanded because
the money was within the dominion, which the accused had control o'er and it
was where the crime was bein$ committed. +rin$ whole time when ne!otiations
went on between the accsed and the !olice, the crime of robbery was deemed
consummated
Q: s!!ose hold ! in a $rocer% store, hold !!ers as8ed the cashier to !lace the
mone% inside a ba$, no one hold the mone%. Is the crime consmmated?
0es. 3here is constrcti"e control
:ul! 5, 2;11
Crimes involvin! the ta"in! of human life: Crimes a!ainst persons
7 these crimes are committed b "illin! a person ,;E%I):
i. Mrder 8illin$ a !erson with attendin$ or a$$ra"atin$ circmstances
ii. <omicide 8illin$ a !erson withot attendin$ circmstances
iii. $arricide 8illin$ a relati"e, i.e. s!ose, !arent, child, siblin$, etc.
i". Infanticide 8illin$ a child less than three =H@ da%s old
7 e"en without intent, the moment the 'ictim dies, intent is presumed b%
o!eration of law and the crime is consummated
7 if the 'ictim doesn?t die bt the wound in>icted is mortal, it is frustrated
NO!" #$%
7 if the there is no intent to 4ill, bt the wound in>icted is mortal or fatal, the
crime is not either ;E%I bt serious physical injuries
Mortal when the wond inXicted can cause the death of the victim9
when death will follow
7 for frustrated M attempted cases, it is important to determine intent to
4ill
Q: #!!osin$, in a car accident, the accsed hits a !erson causin& mortal
5oun#s, bt the "ictim #os not #i, is the dri"er7accsed liable for frstrated
homicide?
NO, he is onl% liable for srious ph!sical in9uris
Ruls on crims a&ainst prsons %M<$I( an# th sta&s o' .cution
;. victim dies, with or without the intention to 4ill, intent is conclusi'ely
presumed b% o!eration of law, the crime is consummated ,=P0
?. "ictim does not die, with the intent to 8ill, mortal wounds were inXicted,
the crime is frustrated ,=P0
H. "ictim does not die, with the intent to 8ill, nonFmortal wounds were
inXicted, the crime is attempted ,=P0
B. "ictim does not die becase there was only an o'ert act and no wound was
inXicted, bt there was intent to 8ill, the crime is attempted ,=P0
N. "ictim does not die, without the intent to 8ill, mortal wounds were inXicted,
the crime is serious phsical in-uries
>. "ictim does not die, without the intent to 8ill, nonFmortal wounds were
inXicted, the crime is less serious or sli!ht phsical in-uries
Illustration*
,ath Intnt =ra"it! o' th 5oun# Crim
%1( 0*# !resmed of corse mortalQ Consmmated M&(I
%2( N) 0*# mortal wonds Grstrated M&(I
%3( N) 0*# non7mortal wonds Attem!ted
M&(I
%4( N) 0*# o"ert act onl%, no wond Attem!ted M&(I
NO!" #$%
%5( N) N) mortal wonds #erios !h%sical in6ries
%>( N) N) non7mortal wonds Less serios-#li$ht !h%sical
in6ries
In People v# 9rinidad, the trial cort held the accsed criminall% liable of two
conts of mrder =for 8illin$ #oriano and Laroa@ and frstrated mrder =for shootin$
at 3an@. 3he #C modifed the decision b% rlin$ that the accsed was liable for two
conts of mrder and attempted murder, not frustrated, becase the wound
inXicted on 3an was not mortal or fatal
In People v# +im %an, the trial cort held the accsed criminall% liable of
attem!ted mrder for stabbin$ Sen$ Sin in the left e%e. 3he #C modifed the
decision b% rlin$ that the accused should be liable of frustrated murder because
not only was it established that there was intent to 4ill, but also the wound in>icted
was mortal. It 6st so ha!!ened that the "ictim did not die becase of the !rom!t
and eLcient medical assistance $i"en to the "ictim. 3he treatment was the case
inde!endent of the will of the accsed.
In ,ondra!on v# People, the #C held that the accsed was onl% !uilty of less
serious physical injuries becase when the accsed and the "ictim were hac8in$
each other with their bolos, there was no intent to 4ill on neither !art%9 and also
becase the "ictim did not die since the wonds were not mortal
R&P2
7 the crime of rape is consummated b% mere penetration of the male or$an, no
matter how sli!ht
G. $upposin!, the !enetration was onl% ? millimeters dee!, consmmated?
12%, no matter how sli$ht the !enetration is, it is still consmmated
G. $upposin!, the ra!e was consmmated becase there was !enetration, bt
accordin$ to the medical e:amination, the "ictim was still a "ir$in, can the accsed
still be held liable for consmmated ra!e?
12%, as lon! as there is penetration, the rape is consummated.
In People v# (rita, the medical e:aminer testifed that the "ictim was still a "ir$in
therefore the ra!e ma% not ha"e been consmmated. 2t the #C rled that the
testimony of the 'ictim herself should be !i'en !reater wei!ht because she herself
can feel whether or not there was penetration.
Instances of attempted rape:
7 when the s4irt of the 'ictim has been lifted, no matter what !osition
7 when the accused mounted on the body of the "ictim
NO!" #$%
7 when there is epidermal touchin! of the $enital or$ans of the accsed and the
"ictim
3he di8erence between attempted rape and acts of lasciviousness is that with
the former, there is carnal "nowled!e or the intent to have se5ual intercourse
is established
9here is no such thin! as frustrated rape9 the onl% e:ce!tion was when the #C
rled in (eo!le ". *ri\a that the accsed was $ilt% of frstrated ra!e. 3hereafter, no
one has since been held $ilt% of frstrated ra!e.
2%9&6&
7 the elements for the crime of estafa are .1/ deceit, and .2/ dama!e
7 withot one of the two elements, estafa wold not be consmmated
In $% v# >omin!ue?, the #C rled that the accsed was !uilty of frustrated estafa
becase before accsed cold case dama$e b% dis!osin$ of the mone% that he
deceitfll% too8, he was a!!rehended b% their storeOs s!er"isor, which was the
case inde!endent of the will of the accsed.
(9=2R 0@%9&@C2% 6(R =(,0C0>2 &@> (9=2R CR0,2%
G. $upposin!, with intent to "ill, the accsed pulls out a !un then points it
at someone, what crime is the accsed liable for?
&ttempted homicide
G. $upposin!, with intent to "ill, the accsed fres a !un at someone but
misses, what crime is the accsed liable for? &ttempted homicide
G. $upposin!, sin$ the same set of facts, bt without the intent to "ill, what
crime is the accsed liable for?
7 for pullin! out the !un and pointin! it U !rave threat
7 for frin! the !un U ille!al dischar!e of frearm =obsolete9 mst be
deleted@
G. $upposin!, with intent to "ill, the accsed fres a !un at someone, then
accused lea'es thin4in! that the 'ictim is already dead. 3he accsed did not 8now
that he missed becase the 'ictim played dead. What crime is the accsed liable
for? &ttempted homicide, attem!ted becase there was no wond, bt there was
still intent to 8ill. What is im!ortant is that there was no wound
G. $upposin!, with intent to "ill, the accsed fres a !un at someone, then
accused lea'es thin4in! that the 'ictim is already dead. 3he victim is hit but it is
not fatal or mortal. What crime is the accsed liable for? #till &ttempted
homicide, becase what is im!ortant is the e+tent or !ravit of the wound.
.People v# (rina!a/
NO!" #$%
Q: s!!ose a sales lad% in the de!artment store, !lace the 6ewelr% inside her ba$,
bt the 6ewelr% was reco"ered b% the secrit% $ard, crime?
Consmmated 5alifed theft
Q: will reco"er% a/ect the sta$e of the commission?
No
Q: #!!ose the sales lad%, "olntaril% retrned, crime?
#till 5alifed theft.
3a8in$ consmmates the crime
Q: s!!ose the sales lad%, sold the 6ewelr% and sed the mone%, crime?
*stafa
Q: s!!ose the sales lad%, sold the 6ewelr% and retrned the mone% at >!m?
Grstrated *stafa
Q: s!!ose ? crew members disco"ered the !resence of a stow awa% and the% want
to eliminate the stow awa%, so the% decided throw the stow awa% in the sea, where
there is shar! ob6ect, bt after %o lea"e, a fshin$ "essel was there to hel! the stow
awa%, there was no wond, crime?
Grstrated mrder
IN1-N1 1O 4ILL
Q: H armarlite shots nei$hbor bt did not hit?
Attem!ted
Q: distin$ish from ille$al dischar$e of frearm
No intent to 8ill
Q: distin$ish from $ra"e threat?
3here is intent to 8ill
Q: s!!ose there are AA wonds, bt none was mortal?
Attem!ted
Q: what is an o"ert act?
#omethin$ %o see, feel, toch =do not relate to criminal o/ense at frst@
#rticle H
Q: What are li$ht felonies?
+i!ht felonies are infractions of law which ha"e the !nishment of
arresto menor or a fne not e:ceedin$ ?<< !esos
NO!" #$%
=nral Rul* Li!ht felonies are punishable onl% when the% ha"e been
consummated
Rason* in"ol"es insi!nicant moral and material injuries9 if not consummated,
the wron$ done is so sli$ht that a penalty is unnecessary
-.cption* Li!ht felonies committed a!ainst persons or property are !nishable
e"en if in the attempted or frustrated sta$e
Rason* !res!!oses moral depra'ity
Gor li!ht felonies, the onl% ones who can be held liable are the principals and
accomplices.
Gor !rave or less !rave felonies, those who can be held liable are principals,
accomplices and e"en accessories, becase the de!ree of the penalty to be
im!osed de!ends on ' factors:
%1( sta$es of e:ection
%2( the de$ree of !artici!ation
%3( the !resence of attendin$ circmstances
Q: When !nishable?
)nl% when consmmated
Q: Is this absolte?
No. If a$ainst !ersons or !ro!ert%
Q: ReasonT.
Q: Who shall be criminall% liable?
(rinci!als
Accom!lices
N)3 ACC*##)RI*#
P(enalt% for accom!lices 77 one de$ree lower =censre@
P(enalt% for accessories two de$rees lower =WALA NAN1 L)W* (A. SA0A
N1A &IN+I LIA2L* AN1 ACC*##)RI*#@
Q: Who is a !rinci!al? An Accom!lices? An Accessories?
#rticle I
Q: what is cons!irac%?
7 Conspiracy e:ists when two or more !ersons come to an a!reement
concernin$ the commission of a felon% and #ci# to commit it
NO!" #$%
7 %roposal e:ists when the !erson who has decided to commit a felon%
!ro!oses its e:ection to some other !erson or !ersons
=nral rul* Conspiracy and proposal to commit a felon% are not punishable
Rason* becase the% are mere preparatory acts =Re%es@
-.cption* Cons!irac% and !ro!osal are punishable only in the cases in
which the law specially pro'ides a penalty thereof
Q: $i"e an e:am!le of cons!irac% M !ro!osal
Q: the e/ects of cons!irac%
3here will be collecti"e res!onsibilit%
Q: e/ect of non7establishment of cons!irac%?
Accsed will be liable onl% to the e:tent of !artici!ation
Q: if established?
Collecti"e res!onsibilit% act of one, act of all
Q: de$ree of e"idence needed to !ro"e cons!irac%?
N)3 be%ond reasonable dobt
#Lcient that the act is closel% related to the crime-felon% intended to commit
Q: is it necessar% that each !artici!ate?
No. 3he% mst ha"e common criminal desi$n
Q: what do %o mean b% common criminal desi$n?
Q: what is im!lied cons!irac%?
Q: from what factors ma% %o im!l% cons!irac%?
Acts and words before and after the commission of the felon%
Q: is it eno$h that there is an a$reement to commit felon%?
No. the% mst e:ecte the o"ert act
Q: how wold %o 8now if commnit% of !r!ose e:ists?
Grom the acts and remar8s of the accsed
3here mst be nit% of criminal tho$h
2*G)R*, +,RIN1, AG3*R 77 acts of each of the accsed ma% be se!arate,
inde!endent of each other bt mst show close !ersonal association9 closel%
related to each other, there is coordination.
Q: A 2 C + * =robbers@ a$reed and decided to commit ban8 robber%. A sta%ed in the
$etawa% car ;<< meters from the ban89 2 loo87ot C disarm the secrit% $ard + M
* commit robber%. * shot to death the ban8 mana$er. Will A be liable for the death?
NO!" #$%
0*#. 3here is cons!irac%. Act of ;, act of all
Q: ;, ?, H, B, N met in safe hose discssed, a$reed and decided to commit robber%.
When the% were abot to rob the ban8, the% saw the !olice arond the ban8. Liable?
No. Mere cons!irac% not !nishable
Q: N members of arm% decided to commit co! d etat, met in safe hose to discss
!lan, liable?
0es. Cons!irac% to commit co! d etat is !nishable
Q: distin$ish cons!irac% as a felon% and as manner of incrrin$ criminal liabilit%.
G*L)N0 R(C !nishes mere cons!irac%
LIA2ILI30 3here mst be o"er act
Q: ;, ?, H, B, N, a$reed to commit a felon% when abot to meet the ne:t mornin$. N
did not arri"e for emer$enc% !r!oses. ;, ?, H, B commit the felon% and was ca$ht.
Is nmber N liable?
No. &e is not a cons!irator.
A cons!irator mst a$ree, decide and e:ecte the o"er act
N was not !resent
Q: s!!ose N dro"e for ;, ?, H, B bt went home earl%. Liable?
0es. +ri"in$ alread% an o"ert act
Q: s!!ose N was not the dri"er, bt he was sitti$ in front of the "an, then after
ali$htin$ went home, liable?
No. 3here is no o"ert act =!asahero lan$ si%a sa "an@
P1eneral Rle if not !resent in the scene of the crime N) liabilit%
P*:ce!tions !resence is to !ro"ide for moral s!!ort or to ensre commission
of the felon%
Cass o' conspirac! punishabl b! la5
=i@ Article ;;N of the R(C Cons!irac% to commit treason
=ii@ Article ;H> Cons!irac% to commit co! dOetat, rebellion or insrrection
=iii@ Article ;B; Cons!irac% to commit sedition
=i"@ Article ;D> Mono!olies and combinations in restraint of trade
="@ Cons!irac% to commit terrorism 7 nder the &man #ecrit% Act =RAAHE?@
="i@ Cons!irac% to commit crimes nder the Com!rehensi"e +an$eros +r$s
Act =RA A;>N@
Cass o' proposal punishabl b! la5
NO!" #$%
=i@ (ro!osal to commit treason
=ii@ (ro!osal to commit co! dOetat, rebellion or insrrection
7 there is no crime of proposal to commit sedition
Q: What is the le!al e8ect of the !resence of cons!irac%?
7 Ithe act of one is the act of allJ, meanin$ e"er%one who !artici!ated is
eAually liable9 there is collecti'e responsibility
Gor conspiracy, ta8e note of the word a!reement
A&rmnt ma% be oral or written, e+press or implied
It is the burden of the prosecution to pro'e the e+istence of conspiracy thro$h
circumstantial e'idence nless there is a confession or written a!reement, which
is seldom becase criminals will sall% den% their !artici!ation or the commission
of the crime
Q: What is 0mplied Conspirac?
7 Impli# conspirac! can be inferred from the acts of the
!er!etrators-accsed before, drin$ or after the commission of the crime
Q: &ow abot the se of words, remar"s or lan!ua!e of the !er!etrators, can
cons!irac% still be ascertained or established? 12%
Q: Ma% there be cons!irac% when the perpetrators perform separate, distinct
and independent acts in the commission of a crime? 12%
Q:Ma% there be cons!irac% e"en if other conspirators do not "now who the
other conspirators are? 12%
'In People v# ,anlolo, it was held that there was implied conspirac on the !art
of the accsed becase the% were actin! in concert, one performin! an act, the
other doin! another act, all aimed at the same object
Rul on #trminin& 5hthr thr is conspirac!
7 based on the =;@ acts done before, durin! or after the commission of the
crime, or, based on the =?@ words, remar"s or lan!ua!e sed before,
durin! or after the commission of the crime, it is necessar to determine
after these acts were done whether the conspirators had the followin!:
1. concerted action 3. commnit% of !r!ose
2. common criminal desi$n 4. 6oint criminal ob6ecti"e
7 all of which are !eared towards the attainment of the felon or crime
/u&&st# cass 'or conspirac! on this rul
7 (eo!le ". #alcedo9 (eo!le ". 2riones9 Medi6a, Cr. ". #andi$anba%an
NO!" #$%
Q: #!!osin$, onl! minor acts were done, will the actor still be liable? 2-/
Q: #!!osin$, there was no conspirac!, what will ha!!en? 3he !er!etrators of the
crime will be in#i"i#uall! liabl de!endin$ the .tnt o' th #&r o' ach
on?s participation
In $opl ". A&apina!, the #C rled that there was no cons!irac% in commission of
the mrder becase the incident was onl% a spur o' th momnt or in this case, a
Ichanc stabbin&@, which cannot be considered cons!irac%, ths the% were held
indi"idall% liable, some as !rinci!als and some as accom!lices onl%
Q: #!!osin$, there was onl! mr prsnc of a !erson when the crime was
bein$ committed, will he be liable?
NO, that !erson not !artici!atin$ shall not be liable becase he #i# not
pr'orm an! o"rt act9 there shold be an o"ert act to establish the
!artici!ation and liabilit% of a !erson
Q: #!!osin$, the !ersonOs !resence when the crime was bein$ committed was to
!ro"ide was to pro"i# moral support, or to prsua# th participants 'rom
pr'ormin& th acts constittin$ the crime, will he be liable?
2-/, in both cases the !erson shall be held criminall% liable
In order to hold someone criminall% liable, in a##ition to mr prsnc, there
shold be o"rt acts that ar closl!Arlat# an# coor#inat# to establish the
!resence of common criminal desi$n and commnit% of !r!ose in the commission
of the crime.
In $opl ". 1aaca, the #C rled to ac5it Re$alado becase there was no
e"idence to !ro"e that Re$alado assisted his brother &erminio in the 8illin$ of
Alfredo 1abat9 there was no !roof to show that Re$aladoOs !resence was
accom!anied b% o"ert acts for the commission of the crime and that there was no
!roof of cons!irac% between the 3aaca brothers.
In $opl ". , La CruB, the #C also rled that the mere !resence of the 1alaw7
e%s were not eno$h to !ro"e that the% cons!ired to the commission of the crime
des!ite the fact 1alaw7e% had a $rd$e a$ainst one of the "ictims9 his !artici!ation
in a cons!irac% cannot be assmed es!eciall% when no acts b% the 1alaw7e%s
!ro"ed to be connected with the crime.
In $opl ". Manro, howe"er, the #C rled that e"en tho$h the accsed7
a!!ellants were not !resent in the actal commission of the crimes, it was
established that the% met in an eater% and cons!ired to li5idate commnist
s%m!athiFers9 therefore the% were still held criminall% liable.
NO!" #$%
Q: #!!osin$, one !erson #sist# 'rom participatin& in th actual crim and
instead #ci## to sta! insi# th &tAa5a! car to wait for the others, is he
liable?
2-/, he is still liable des!ite desistance to !artici!ate in the actal crime
becase he can still assist the others with the esca!e sin$ the $et7awa% car
Q: #!!osin$, while committin$ the crime of robber%, an additional crime was
committed that was not !art of the ori$inal !lan, e$. homicide9 can all the
!artici!ants be con"icted of the crime of robber% with homicide, e"en tho$h some
of them !erformed "er% minor acts =i.e. loo87ots or dri"ers, etc@?
2-/, the% can all be held liable for that same crime, becase it is not
r)uir# that all th participants pr'orm ach an# "r! #tail in
th commission o' th crim9 as lon$ as the acts !erformed are closel%
coordinated and that the% ha"e the same criminal !r!ose.
Q: mere !resence will one be a co7cons!irator?
No
Q: !resence to $i"e moral s!!ort?
Liable
Acts before se!arate and distinct concerted action
Im!lied cons!irac% drin$ closeness association, common criminal
desi$n
Coordination, !ersonal
words, after association with each other commnit%
of crimes
remar8s
6oint criminal ob6ecti"e
#rticle J
Q: &ow do %o classif% felonies?
Accordin$ to (enalt%
1. =ra" 0lonis those that the law attaches the ca!ital !nishment or
!enalties that are a]icti"e based on Article ?N of the R(C
2. Lss =ra" 0lonis those that the law !nishes with !enalties whose
ma:imm !eriods are correctional
3. Li&ht 'lonis infractions of law that are !nishable b% arresto menor or
fnes
NO!" #$%
Illustration*
+eath
&ra'e felonies Reclsion (er!eta aKicti'e penalties
Reclsion 3em!oral
(rision Ma%or
(rision Correccional
Less !ra'e felonies Arresto Ma%or correctional penalties
#s!ension
+estierro
Arresto Menor
Li!ht felonies Gines li!ht penalties
(blic Censre
3he classifcation in Article ?N of the R(C assmes si$nifcance on Article A; of the
R(C on (rescri!tion:
%i( $rscription o' a crim refers to the e:!iration of a certain !eriod, after
which a !erson cannot be !rosected for the crime an%more9 contem!lates that
there has been no 6d$ment of con"iction %et
%ii( $rscription o' pnalt! refers to the e:!iration of a !eriod of time after
which the !enalt% im!osed b% the corts cannot be enforced an%more9
contem!lates that there has been a fnal 6d$ment b% the corts
Q: +oes classifcation a!!lies to s!ecial laws?
No
#rticle 1-
7 !ro"isions of the Re"ised (enal Code shall not be a!!lied with of "iolations
of s!ecial laws, but if a s!ecial law is silent in terms of a !enalt% for e:am!le,
the absence shall be pro'ided by the 8e'ised %enal Code.
2t $enerall%:
7 for 'iolations of the 8%C U what law $o"erns? the 8e'ised %enal Code
7 for 'iolations of special law U what law $o"erns? $pecial penal laws
NO!" #$%
-.ampls o' pro"isions in th R$C that ha" suppltor! application
pursuant to Articl 1; o' th R$C
1. Articl 1;; Ci'il Liability9 there are two sides of crime, the criminal liabilit% and
the ci"il liabilit%, the former im!oses the !enalt% !rescribed for the crime, the
latter is for the !a%ment of dama$es
2. Articl 22 8etroacti'e #pplication9 the law becomes fa"orable to the accsed
as lon$ as he is not a habital criminal and is con"icted b% fnal 6d$ment
3. Articl 1C %rincipals9 are classifed into three: =;@ b% direct !artici!ation, =?@ b%
indcement, =H@ b% indis!ensable coo!eration
4. Articl 45 /orfeiture of instrments or tools sed in the commission of the
crime
5. Articl 3D $ubsidiary imprisonment for failre to !a% fnes
>. Articl E Conspiracy9 in "iolation of the &man #ecrit% Act=RAAHE?@,
+an$eros +r$s Act, sec ?> onl% =RAA;>N@, 2oncin$ Chec8s Law =2(??@
'If the Leath %enalty was not abolished, it will also be $i"en s!!letor%
a!!lication
allowed5
Q: Circmstances a/ectin$ criminal liabilit%?
3here are f"e circmstances a/ectin$ criminal liabilit%:
=;@ Cstif%in$ circmstances9
=?@ *:em!tin$ circmstances9
=H@ Miti$atin$ circmstances9
=B@ A$$ra"atin$ circmstances9 and
=N@ Alternati"e circmstances.
3here are two others which are fond elsewhere in the !ro"isions of
the Re"ised
(enal Code:
=;@ Absoltor% case9 and
=?@ *:tenatin$ circmstances.
In justifyin! and e+emptin! circumstances, there is no criminal liability5 (hen an
accused in'o4es them, he in e*ect admits the commission of a crime but tries to
a'oid the liability thereof5 1he burden is upon him to establish beyond reasonable
doubt the reAuired conditions to justify or e+empt his acts from criminal liability5
(hat is shifted is only the burden of e'idence, not the burden of proof5
#rticle 11
Q: What is a 6stif%in$ circmstances?
NO!" #$%
:usti'!in& Circumstancs are those where the act of a !erson is said to be
in accordance with law so that sch !erson is deemed not to ha'e
trans!ressed the law and is free from criminal and ci'il liability
Q: Is there ci"il liabilit%?
&enerally no, e:ce!t in Article ;; =B@
Q: What element of "olntariness is lac8in$?
0ntent9 withot intent, there is no "olntariness9 withot "olntariness, there
is no felon%9 withot a felon%, there is no criminal liabilit% becase there is no
crime
&rticle 11, par 1 A %elfB>efense
Q: What are the *lements of #elf7defense?
1. $nlawful &!!ression on the !art of the o/ended !art%
2. Reasonable @ecessit of the ,eans *m!lo%ed b% the !erson
defendin$
3. +ac" of %uCcient Provocation on the !art of the !erson defendin$
Q: What ma% be the sb6ect of self7defense?
(erson, ri$ht, !ro!ert%, honor or home
=i@ defense of !erson there is dan!er to the life or limb of the !erson
=ii@ defense of ri$hts
=iii@ defense of !ro!ert% shold be co!led with dan$er to the !erson
=i"@ defense of honor
G. *urden of proof in self7defense?
brden lies with the defense
Q: &ow is selfFdefense established?
thro$h clear and convincin! evidence
Q: Is the accsed reAuired to admit ha"in$ 8illed the "ictim?
12%9 the accsed has to admit ha'in! 4illed the 'ictim before selfFdefense
can be in'o4ed b% the accsed
' It is the obli!ation of the accsed to prove selfBdefense throu!h clear
and convincin! evidence9 if the e'idence is not clear, there will be a
conviction
When all the elements of selfBdefense are present U the !erson defendin$
himself is free from criminal liability and ci'il liability
When onl% a ma-orit of the elements are !resent U pri'ile!ed miti!atin!
circumstance, !ro"ided there is unlawful a!!ression
NO!" #$%
When onl% a majority of the elements are present, there is an incomplete selfB
defense, bt it is still necessary to ha'e the element of unlawful a!!ression,
becase it is the most important element
Fnla5'ul A&&rssion
7 an indispensable element
7 a sdden n!ro"o8ed unlawful attac" that e5poses a personDs life or
limb to actual, real, imminent dan!er9 mere threatenin$, ima$ined or
s!eclati"e dan$er is not eno$h
When there is no unlawful a!!ression, there is no need to defend oneself7 when
there is no need to defend oneself, there is no need for a reasonable defensi'e
act9 when there is no need for a reasonable defensi'e act, there is no need for
reasonable means to pre'ent or repel somethin!9 therefore, without unlawful
a!!ression, e'erythin! else will be erased
2ecase unlawful a!!ression produced a dan!er, there comes a need to eliminate
that dan!er9 that need is a res!onse impelled by selfFpreser'ation9 the means
sed to eliminate the dan$er should be reasonable and the means needed to be
em!lo%ed can be determined based on the e+tent of the unlawful a!!ression
Q: $upposin!, %o wrested the 8nife from a robber. If he is still tryin! to !et bac4
the 4nife, there is unlawful a!!ression, becase unlawful a!!ression is continuin! if
the attac8er is tr%in$ to re$ain control o"er the sitation
P3he frst principle in all criminal cases is that: Ithe accused will alwas be
presumed innocent<
In the constitutional pro'ision on !resm!tion of innocence, it can easil% be
o"erthrown b% contrar% e"idence, bt it is di/erent in criminal cases
3he presumption of innocence principle, of all dis!table !resm!tions, is the
stron!est becase to o"erthrow it, the Court reAuires that the law pro'es the
!uilt of an accused beond reasonable doubt
3he burden or dut to prove !uilt lies with the prosecution or the
!o'ernment and the% shold introduce e'idence beyond reasonable doubt9 the
prosecution should rely on the stren!th of its own e'idence and should not
depend on the e'idence of the defense9 these principles, howe"er, will chan!e
when the defense in'o4es, selfFdefense, defense of a relati'e, or defense of a
stran!er, becase the accsed mst alwa%s admit frst the fact of 8illin$ the
"ictim, ths the burden is lifted from the prosecution and shifts to the defense
If the e'idence for both sides is wea4, the accsed will be acEuitted
NO!" #$%
3he prosecution?s wea4ness is cured when the defense in'o4es, selfFdefense,
defense of a relati'e, or defense of a stran!er because there is an admission of
the 8illin$
If the e'idence of the defense is not clear and convincin!, con'iction will be
sure, as sre the sn rises at the *ast
3he admission in'ol'ed is onl an admission of facts, bac4ed up by clear and
con'incin! e'idence9 it not an admission of !uilt, becase if so, the Cort can sto!
the !rosection and render 6d$ment
3he Cort shold !t itself in the shoes of the accsed drin$ the time when the
accsed alle$edl% defended himself
Q: $upposin!, after %o wrested the 8nife from the robber =who is the ob"ios
a$$ressor in this case@, the robber-a$$ressor rns awa%, is there still nlawfl
a$$ression?
@(, when the a!!ressor >ees unlawful a!!ression no lon!er e+ists9 and if
%o still 8ill the a$$ressor in this sitation, self7defense cannot be in"o8ed
an%more
G. $upposin!, sin$ the same facts mentioned earlier, bt the retreat of the
a$$ressor was with the !r!ose to ta8e a more ad"anta$eos !osition or to $et a
more e/ecti"e wea!on, to insre the sccess of his attac8, is there still nlawfl
a$$ression?
12%, when the purpose of retreatin! is to ta4e a more ad'anta!eous position
or to do somethin! to insure the success of his attac4, unlawful a!!ression
is continuin!, therefore the dan!er is still continuin!7 in this case, the
accused or the person defendin! himself, does not ha'e to wait for the
a!!ressor to !et another weapon
G. $upposin!, there is an a$reement to f$ht or a challen$e to f$ht was acce!ted, is
there nlawfl a$$ression on one of the !arties?
@(, there is no unlawful a!!ression in a!reements to f!ht because
selfFdefense cannot in'o4ed since both parties are assailant and assaulted
G. $upposin!, sin$ the same facts abo"e, there is a$reement, bt one of the
!arties attac8s the other e"en before the a$reed time arri"es, is there nlawfl
a$$ression?
12%, when the attac4 is made ahead of the time a!reed upon, there is
unlawful a!!ression
G. $upposin!, the a$$ressor sed a to% $n and the !erson defendin$ himself 8illed
the a$$ressor, belie"in$ that the $n was real, is he still criminall% liable?
NO!" #$%
@(, assmin$ clear and con"incin$ e"idence is !ro"ided, and that the
accused belie'ed the weapon:!un to be real, then honest mista4e of fact
while in selfFdefense can be in'o4e
Rasonabl Ncssit! o' th Mans -mplo!#
7 there is a continin$ necessit% to eliminate the dan$er
7 in"ol"es two elements:
1. necessit% for the corse of action, necessit% to eliminate dan$er
2. necessit% of the means em!lo%ed to !re"ent or re!el that dan$er
3oth should be reasonable
It is not necessar to ha"e material eEualit or material commensurabilit
between the dan$er and the means em!lo%ed to !re"ent or re!el that dan$er
0n determinin! reasonable means, the some facts and circumstances can
be considered as factors, sch as:
1. emer!ency to which the !erson defendin$ himself has been e:!osed to
2. !resence of imminent dan!er
3. im!elled b% the instinct of selfFpreser'ation
4. nature of the weapon sed b% the accsed com!ared to the wea!on of the
a$$ressor
5. siMe and:or physical character of the a$$ressor com!ared to the accsed
and other circmstances that can be considered showin$ dis!arit% between
a$$ressor and accsed
/actors. a!e, siMe, location, other circumstances, character or nature of weapon,
physical character, reputation
Q: What is Lac8 of #Lcient (ro"ocation?
7 sLcient !ro"ocation shold come from the !erson defendin$
himself-accsed
7 sLcient !ro"ocation shold immediatel% !recede the a$$ression
7 Insltin$ another or committin$ oral defamation is considered sLcient
!ro"ocation
7 a challen$e to f$ht is considered sLcient !ro"ocation
Q: When is !ro"ocation sLcient?
7!ro!ortionate to the act of a$$ression and ade5ate to stir the a$$ressor to
its commission
Q: Who has the dt% to !ro"e elements of self7defense?
Accsed
Q: What is the e/ect of claim of self7defenses on brden of the !rosection?
#hiftin$ the brden of !roof
(rosection is relie"ed of its dt% to !ro"e $ilt of accsed
NO!" #$%
Q: Ma% accsed be con"icted e"en if e"idence of !rosection is wea8?
0es, if the self7defense not established b% clear and con"incin$ e"idence
Q: does admission of $ilt amonts to confession of $ilt?
No. )nl% an admission of fact
Accsed mst establish the element which is missin$ to !ro"e that he is not
$ilt%
Q: What are the le$al e/ects
Confession of $ilt no necessit% for trial, e:ce!t to !ro"e miti$atin$ M
a$$ra"atin$ circmstances
Admission of fact necessit% for trial
Q: Ma% there be self defense e"en withot nlawfl a$$ression?
No. ,A is the fondation
Q: how abot in incom!lete self7defense?
No. ,A is alwa%s an indis!ensable element of self7defense, whether com!lete
or incom!lete
3hro$h reasonable means
Reasonable =needs to eliminate the dan$er@
,nder instinct of self7!reser"ation
=Life M Limb@ 3here is dan$er =actal, real, imminent @
not merel% ima$inar%, fancifl, false
,nlawfl A$$ression,7 sdden, n!ro"o8ed, ille$al attac8
,'n#in& $roprt!
+efense of !ro!ert% shold be co!led with dan$er to the !erson defendin$
oneself9 if there is no dan$er to the !erson or the !erson^s life or limb, defense of
!ro!ert% cannot be in"o8ed.
Q: In defendin$ !ro!ert%, when is 8illin$ the a$$ressor 6stifed?
'Necessit% of nlawfl a$$ression =!on the !erson defendin$ his !ro!ert%@
'Mst be co!led with an attac8 on %or own !erson
'#ch a case, %o are not defendin$ %or own !ro!ert%, bt %or own
!erson?
+efense of )WN !ro!ert% not )G !ro!ert%
NO!" #$%
Q: #!!ose hittin$ onl% the lower !ortion of the bod%, not 8illin$ the a$$ressor,
defense of !ro!ert%, ma% be claimed?
0*#. As lon$ as not to the e:tent of 8illin$
P!a$ na!ata% mo, da!at ma% assalt on %or own !erson, ri$ht to life is
s!erior to ri$ht to !ro!ert%
G. $upposin!, sin$ a 8nife, someone slashed %or ba$ to $et its contents, after
which %o were able to wrest the 8nife from him, and %o stabbed him, casin$ him
to die, can %o in"o8e defense of !ro!ert%?
@(, because there was no imminent dan!er to your life or limb since you
already ha'e control of the 4nife
G. $upposin!, %o ca$ht some !eo!le inside %or hose in the act of stealin$ %or
hosehold items, assmin$ %o ha"e a $n, can %o se the $n and shoot at them
or e"en 8ill them?
12% =accordin$ to (rof. Amrao, %o can e"en sta$e the crime scene to %or
fa"or@ becase if %o do not shoot them, the% will srel% se their wea!ons
a$ainst %o and e"en tr% to 8ill %o an%wa%. ItOs better to hit them frst.
=Lefense of home, chec8 Re%es@
G. $upposin!, a !rostitte disa$rees to ha"e se:al intercorse with someone, bt
the latter still forces his wa% with the !rostitte with carnal 8nowled$e, tries to ra!e
her, then the !rostitte ta8es ot a 8nife in her ba$ and stabs the $%, can she
in'o4e defense of honor despite bein! a prostitute?
12%, a !rostitte is still entitled to the ri$ht of defense of honor and the 8nife
was a reasonable means sed.
+efense of home
Withot assalt of !erson, 6stifed? N).
Q: In defendin$ %or car bein$ stolen, fred at the tires, which hit a b%7stander,
liable?
No. Cstifed for all conse5ences of the act relate to art B =!ar;@ not
committin$ a felon%
Q: e:am!le of nlawfl a$$ression a$ainst honor
7sla! on the face
7re!elled b% re"ol"er, reasonable means? No =no rational e5i"alence@
',se of the bolo a$ainst an narmed a$$ressor?
+e!ends on the circmstances
#ch as the siFe of the a$$ressor, bilt, re!tation or accessibilit% of other
means
Gactor of time inter"al
Mst be simltaneos with the attac8 or with a!!reciable inter"al of time
NO!" #$%
Q: what is continin$ dan$er?
Q: what is continin$ a$$ression?
Q: e:am!le of defense of honor?
Q: e:am!le of a$reement to f$ht?
Q: libel a$ainst libel, 6stifed?
0es.
Q: A and 2 are lon$ standin$ enemies. 2ecase of their continos 5arrel o"er the
bondaries of their ad6oinin$ !ro!erties, when A saw 2 one afternoon, he
a!!roached the latter in a menacin$ manner with a bolo in his hand. When he was
abot f"e feet awa% from 2, 2 !lled ot a re"ol"er and shot A on the chest,8illin$
him. Is 2 criminall% liable? What crime was committed, if an%?
3he act of A is nothin$ bt a !ro"ocation. It cannot be characteriFed as an
nlawfl a$$ression becase in criminal law, an nlawfl a$$ression is an attac8 or
a threatened attac8 which !rodces an imminent dan$er to the life and limb of the
one resortin$ to self7defense. In the facts of the !roblem $i"en abo"e, what was said
was that A was holdin$ a bolo. 3hat bolo does not !rodce an% real or imminent
dan$er nless a raises his arm with the bolo. As lon$ as that arm of A was down
holdin$ the bolo, there is no imminent dan$er to the life or limb of 2. 3herefore, the
act of 2 in shootin$ A is no 6stifed.
Articl 11%2( 8 ,'ns o' Rlati"s
Q: Who are the relati"es contem!lated?=in the followin$ order@
7 s!ose
7 ascendants
7 descendants
7 brothers or sisters =le$itimate, natral or ado!ted@
7 relati"es b% aLnit% in the same de$rees =mentioned abo"e@
7 relati"es b% consan$init% within the forth =B
th
@ ci"il de$ree
a!!lies the same conce!t of nlawfl a$$ression and reasonable
necessit% of means em!lo%ed, as contem!lated in Art. ;;=;@ on self7
defense
%pouse shold be the le!itimate husband or wife

common law marria!es are not inclded9 the common law spouse is considered
a stran!er
NO!" #$%
Who can determine bein$ le$itimate? the Cort9 the "alidit%, le$alit%, ille$alit% of
the !arties cannot be determined b% themsel"es
G. $upposin! a hsband defends a common law wife b% 8illin$ an attac8er, can he
in'o4e defense of relati'eN
@(, but he may in'o4e defense of a stran!er
G. $upposin! a hsband defends a second wife b% 8illin$ an attac8er9 considerin$
that the marria$e between him and his frst wife is not nll and "oid, ths ma8in$
his second marria$e bi$amos, can he still in'o4e defense of relati'e?
12%, the presumption is that all marria!es are le!al and 'alid. *"en in the
absence of a 6dicial declaration of nllit% =C+N@ of the frst marria$e, the
second marria$e is considered "alid, ths defense of relati"e can be in"o8ed.
G. $upposin! the hsband and his frst wife are on le$al se!aration, then he defends
her from an attac8er, can he in"o8e defense of relati"e?
12%, becase there is no C+N to sa% that their marria$e is nll and "oid.
G. $upposin!, hsband and wife sccessfll% annls their marria$e and the% ha"e
secred a C+N on the $ronds of !s%cholo$ical inca!acit%, then incidentall%, he
defends her from an attac8er, can he in"o8e defense of relati"e?
@(, becase there is no marria$e an%more between them9 the C+N, once it is
a!!ro"ed b% the R3C and is fnal and e:ector%, it will ha"e an e/ect wherein
as if no marria$e e:isted between the defender and the one defended9
therefore, what can be in"o8ed is defense of a stran$er.
G. $upposin! hsband and wife has a !endin$ case for annlment de to
!s%cholo$ical inca!acit% of one of the !arties, then incidentall%, he defends her
from an attac8er, can he in"o8e defense of relati"e?
12%, becase there is no C+N that has nllifed the marria$e
&scendants incldes !arents, $rand!arents, $reat $rand!arents, e"en $reat=B:@
$rand!arents
>escendants incldes children, $randchildren, $reat $randchildren, e"en
$reat=B:@ $randchildren
What do ascendants and descendants ha'e in common? 3he% are blood
relatives
G. $upposin!, a $reat, $reat, $reat, $reat $randfather is attac8ed and is defended
b% his ille$itimate $randchild, can the !randchild in'o4e defense of relati'e?
12%, becase the no distinction in the Re"ised (enal Code whether the
descendant shold be le$itimate or ille$itimate9 when the law does not
distin!uish, the courts cannot distin!uish
G. $upposin!, a father defends his ado!ted da$hter from an attac8er, can he
in"o8e defense of relati"e?
NO!" #$%
@(, defense of relati"e cannot be in"o8ed becase the law does not
contem!late ado!ted children as descendants and also does not contem!late
ado!ti"e !arents as ascendants, to 5alif% as relati"es contem!lated nder
Art. ;;=?@ R(C
*rothers and %isters or siblin!s
1. le!itimate siblin$s of the same !arents who are married
2. natural siblin$s, who at the time of their conce!tion with the same
!arents, the parents are not married but are not disAualied by any le!al
impediment to marry each other9 if parents are disAualied to marry b% an%
im!ediment, the child is ille!itimate
3. adopted there shold be a 6dicial !roceedin$ in cort "alidatin$ the
ado!tion in order to be considered nder defense of relati"e as
contem!lated9 an e:tra6dicial !roceedin$ on the ado!tion is not eno$h
Relatives b aCnit in same de!rees 7 relati"es by marria!e
In same de!rees a!!licable to ascendants, descendants, siblin$s, e"en
$rand!arents of oneOs s!ose, i.e. mother7in7law, father7in7law, brother7in7law,
sister7in7law, etc.
Relatives b consan!uinit within the fourth .)
th
/ civil de!ree
7 relati"es b% blood
"ach !eneration is one de!ree
)neOs parents are in the rst ,1
st
) de!ree
)neOs !randparents are in the second,2
nd
) de!ree
)neOs uncles and aunts are in the third ,3
rd
) de!ree
)neOs rst cousins are in the fourth ,4
th
) de!ree
Illustration*
!arent .2
nd
de!ree/
.1
st
de!ree/ .'
rd
de!ree/
da$hter7in7law77777son da$hter77777son7in7law
child child .)
th
de!ree/
NO!" #$%
CRIMINAL LAW Page :, of 149
=startin! point, e$. this is !ou@
R)uisits 'or ,'ns o' Rlati"s
7 aside from =;@ nlawfl a$$ression and
=?@ reasonable necessit% of the means em!lo%ed to !re"ent or re!el
the a$$ression, there is
'
rd
reEuisite. if there was pro'ocation arose from the relati'e bein!
defended, the person defendin! should ha'e had no part in that
pro'ocation
G. $upposin!, %or brother !ro"o8ed someone and started a f$ht, when %o came
to his aid, %o did not 8now that it was %or brother who started the f$ht, bt when
%o saw him, his enem% was on the "er$e of stabbin$ %or brother, so %o shot his
enem%, can %o e/ecti"el% and "alidl% in"o8e defense of a relati"e?
12%, becase at that "er% moment the life and limb of %or brother was in
actal, imminent and real dan$er9 there was no time for %o to in"esti$ate
what reall% ha!!ened. 1he person defendin! has the ri!ht to act on mere
appearance =Amrao@
Q: #!!ose man and woman li"in$ to$ether withot beneft of marria$e, can claim
self7defense?
No.
Common law s!ose not contem!lated
3he% are entitled to claim defense of stran$er
Q: &sband and wife, (h citiFens married in hon$8on$. After marria$e, disco"ered
the% were ;
st
cosins, solemniFin$ oLcer in hon$8on$ not athoriFed, can the%
claim defense of relati"e?
0es. Absent a 6dicial declaration, marria$e !resmed e:istin$
Q: #!!ose the action for 6dicial declaration is !endin$, can the% claim defense of
relati"e?
0es. 3here is no 6dicial declaration %et.
Q: s!!ose the lower cort issed a decision?
Not an%more. As if no marria$e. Can claim defense of stran$er
Q: s!!ose what was fled was le$al se!aration, and there is a decree of le$al
se!aration, can claim defense of relati"e?
0es. Le$al se!aration doe not terminate marria$e.
Q: who are the descendants co"ered?
Q: A 8illed a !erson to defend the honor of 2, and ille$itimate, defense of relati"e?
0es. 3he law does not distin$ish
NO!" #$%
CRIMINAL LAW Page :1 of 149
Q: Who are the other relati"es co"ered?
Q: half blood brothers and sisters?
0es
Q: Ado!ti"e father defended the ado!ted da$hter?
No. =not contem!lated b% law@
Q: ste!brother 8illed accsed to defend life and honor of a ste!sister?
0es. Relationshi! b% aLnit% =brother or sister b% reason of marria$e@
Q: relati"e b% consan$init%, ! to what e:tent?
B
th
de$ree
Q: last element in defense of relati"e?
,'ns o' stran&r
What are the elements?
1i"e an e:am!le
(ho are stran!ers?
7 An%one not enmerated and those not contem!lated nder Article ;;=?@
R)uisits*
7 same conce!t of nlawfl a$$ression and reasonable necessit% of the means
em!lo%ed to !re"ent or re!el the a$$ression9 aside from those two there is a '
rd

reEuisite. the person defendin! should not be induced by re'en!e, resentment,
or other e'il moti'e
Articl 11%4( 8 A"oi#anc o' &ratr "il or in9ur!
7 8eAuisites:
1. th "il actuall! .ists
2. the in6r% feared be $reater than that done to a"oid it
3. there be no other !ractical and less harmfl means of !re"ention
3he dama!e to another contem!lated are: =Re%es@
7in6r% to !ersons
7 dama$e to !ro!ert%
)neOs own life is more im!ortant than an%one else =Amrao@
3he $reater e"il shold not be bro$ht abot b% the ne$li$ence or im!rdence of
the !erson who committed the o/ense
Q: criminal liabilit%? No
Q: Ci"il liabilit%? 0es, shold be borne b% the !ersons benefted
*:am!le : #in8in$ shi! 77 6ettison
NO!" #$%
CRIMINAL LAW Page :+ of 149
Articl 11%5( 8 0ulGllmnt o' ,ut!HLa5'ul -.rcis o' Ri&ht or O7c
7 8eAuisites:
1. that the accsed acted in the !erformance of a dt% or in the lawfl
e:ercise of a ri$ht or oLce
2. that the in6r% cased or the o/ense committed be the necessar%
conse5ence of the de !erformance of dt% or lawfl e:ercise of sch ri$ht
or oLce
3he fulllment of duty mst be done carefll%, with due performance9 no
carelessness, no ne$li$ence-im!rdence, no abse
3he e:ercise of public o)ce was committed with ne!li!ence and abuse of
authority U are not a!!licable, the e:ercise mst be lawflQ
G. $upposin!, a raidin$ team tas8ed to confscate dr$s bro8e the class cabinets in
search of the dr$s, was there abse of athorit%? 12%, becase de !erformance
of dt% shold ha"e been em!lo%ed
Q: Can this be in"o8ed if there was ne$li$ence?
No.
Q: if there is abse of athorit%?
No
Q: (rison $ards escortin$ !risoners on the wa% to the cort, one !risoner esca!ed,
des!ite warnin$ shots, !risoner still ran awa%, $ard shot the !risoner at the bac8
who died, liable?
No
Q: warrant of arrest, N2I to arrest criminal and brin$ before the R3C of Manila. When
the oLcers are at the hose of the accsed, the accsed refse to o!en the door,
N2I forcibl% o!en and destro%ed the doors, liable?
No.
Q: !roceeded directl% withot annoncin$ their athorit%, liable?
0es. 3here is abse, e:ceedin$ athorit%, did not follow !rocedre
Q: e:am!le of lawfl e:ercise of a ri$ht
+octrine of self hel!
Articl 11%>( 8 Ob#inc to a la5'ul or#r b! a suprior o7cr
78eAuisites
1. that an order has been issed b% a s!erior
2. that sch order mst be for some lawfl !r!ose
3. that the means sed b% the sbordinate to carr% ot said order is lawfl
NO!" #$%
When the order is not for a lawfl !r!ose, the sbordinate who obe%ed it is
criminall% liable
3he sbordinate is not liable for carr%in$ ot an ille$al order of his s!erior if he is
not aware of the ille$alit% of the order and he is not ne$li$ent
3attr# Woman /!n#rom %3W/(
7 refers to a scientifcall% defned !attern of !s%cholo$ical and beha"ioral
s%m!toms fond in women li"in$ in batterin$ relationshi!s as a reslt of
cmlati"e abse =Re!blic Act A?>?: Anti74iolence A$ainst Women and
Children Act@
3attr! refers to an act of inXictin$ !h%sical harm !on a woman or child
resltin$ to the !h%sical, !s%cholo$ical or emotional distress =RA A?>?@
G. (ho can 'erify or conrm whether a woman s/ers from 2attered Woman
#%ndrome?
)nl% a certifed !s%cholo$ist or !s%chiatrist can !ro"e the e:istence of
2attered Woman #%ndrome in a woman
Q: What is the le$al e/ect of the !roof of e:istence of 2W# in a woman?
1hose found by the courts to be su*erin! from 3($ do not incur criminal and
ci'il liability notwithstandin! the absence of any of the elements of the
justifyin! circumstance of selfFdefense under the 8e'ised %enal Code =#ection
?>, Re!blic Act A?>?@
3he le$al e/ect of 2W# is of the same le"el with the 6stif%in$ circmstances in
Art.;; of the R(C, e:ce!t !ar. B.
"'en without unlawful a!!ression on the !art of the deceased hsband or male
!artner, the act of the woman shall still not incr criminal and ci"il liabilit%
Q: Who are the women who can in"o8e 2attered Woman #%ndrome?
7 wife 7 an% woman ha"in$ a se:al relationshi! with a man
7 $irlfriend 7 incldin$ datin$ women, if relationshi! is intimate
7 former wife7 common law wife
7 former wife whose marria$e with her has been annlled b% a 6dicial
declaration of nllit% =C+N@
7children
It not necessar that the woman s/erin$ from 2W# is still in a relationshi! with
the man that she 8illed or harmed.
NO!" #$%
,octrin o' /tan# !our &roun# 5hn in th ri&ht
7 3he law does not e:!ect %o to rn awa%
7 When in the ri$ht, defend %or ri$ht or !osition, defend %orself
7 A total o!!osite of the old doctrine of retreatin! to the wall, where the
law e:!ects %o to rn awa% and a"oid defendin$ %orself
Q: What is the le$al e/ect of 2W#?
No criminal liabilit%
No ci"il liabilit%
Q: Ma% a battered hsband claim it as a defense?
No. 3he law sa%s onl% woman
Q: What is a datin$ relationshi!?
Q: 0o brea8 ! with %or $f, she was emotionall% M !s%cholo$icall% wrec8ed, is this
batter%?
0es. =ha%den 8ho case@
Q: (rotection )rder nder RA A?>??
7!re"ented from li"in$ in same commnit% or hose with the battered woman
7it mst be issed b% cort or baran$$a%
Q: Can %o fle "iolation of RA A?>? to$ether with !arricide or !h%sical in6ries?
0es. RA A?>? withot !re6dice to the flin$ of an% other ci"il or criminal
action
Q: woman s/erin$ from 2W#, 8illed hsband, liable for !arricide?
No. it is not necessar% that ,A e:ist
Q: how will cort determine 2W#?
Certifed !s%chiatrist or !s%cholo$ist
#rticle 12
Q: What is an e:em!tin$ circmstance?
7 a circmstance if !resent drin$ the commission of the crime will free the
accsed from criminal liabilit%
7 there is a crime, but there is no criminal
7 burden of proof to !ro"e the e:istence of an e:em!tin$ circmstance: lies
with the defense
NO!" #$%
CRIMINAL LAW Page :: of 149
Q: +istin$ish 6stif%in$ from e:em!tin$
:usti'!in& -.mptin&
7 there is neither a crime 7 there is a crime bt there is
nor a criminal no criminal
7 the act is 6stifed and the 7 the act is not 6stifed bt the
actor is not criminall% liable actor is not criminall% liable
7 there is no ci"il liabilit% 7 there is ci"il liabilit% e:ce!t in
e:ce!t in !ara$ra!h B !ara$ra!hs B and E
Articl 12%1( 8 Imbcilit! an# Insanit!
7 an imbecile or an insane is entitled to be e:em!ted, nless the latter acted
drin$ a lcid inter"al
Imbcil one who is de!ri"ed com!letel% of reason or discernment and freedom
of will when committin$ a crime9 e:em!ted in all cases9 mentalit% is com!arable to
a child ?7E %ears old
Insanit! not so e:em!t becase drin$ a lcid inter"al, the !erson can act with
intelli$ence
Q: what is !ermanent sic8ness?
Imbecilit%
Q: Which is not !ermanent?
Insanit%
Q: Insanit% before the commission of the crime, le$al e/ect?
Not e:em!t
+rin$ e:em!t
After not e:em!t, bt !roceedin$ will be ss!ended
'insanit% mst be at the time of the commission of the o/ense nless is
!ro"en to sbsist ntil commission
Q: 3hat is the test for the de!ree of insanit for it to cont as an e:em!tin$
circmstance?
3he tests of the de$ree of insanit% are the e:istence of:
1. com!lete de!ri"ation of intelli$ence
2. total de!ri"ation of freedom of will
NO!" #$%
CRIMINAL LAW Page :; of 149
Mere abnormalities of the mental facilities are not eno$h
G. $upposin!, a man sddenl% 6st stabs another !erson, he then be$an to rn
awa% becase he 8new he committed a crime, then as the athorities tried to catch
him, as the% $ot closer to him, he ran e"en faster, can he in"o8e insanit% as an
e:em!tin$ circmstance?
@(, the fact that he was rnnin$ awa% was an indication that he was not
de!ri"ed of intelli$ence becase he 8new he did, and b% rnnin$ faster to
a"oid the athorities was an indication of not bein$ totall% de!ri"ed of his
freedom of will becase of his intention to esca!e
F7 3ho has the *urden to prove insanit:
lies with the defense, =Accordin$ to Re%es, thro$h circmstantial e"idence
if clear and con"incin$@
2vidence of insanit mst refer to the time precedin! the act or
at the ver moment of e5ecution
G. $upposin!, the o/ender becomes insane onl% after the commission of the crime
or drin$ trial, can he still in"o8e the e:em!tin$ circmstance of insanit%?
@(, becase what is conted and considered in determinin$ whether there
was insanit%, is the time !recedin$ the act or the moment of e:ection
0blmin##nss not e:em!tin$ becase s-he can still distin$ish ri$ht from
wron$9 not eAui'alent to insanity
/omnambulism or slp5al+in& mst be clearl% !ro"en to be considered an
e:em!tin$ circmstance nder this Article9 acts of the slee!wal8er shold not be
"olntar%
Mali&nant malaria can case insanit%, therefore, can be considered as an
e:em!tin$ circmstance nder this Article
3asis 'or .mption complete absence of intelli!ence
1mporar! Insanit! 8 !s, .mptin&
Articl 12%2 I 3( 8 Minorit! %rpal# b! Rpublic Act D344 or th :u"nil
:ustic an# Wl'ar Act(
R& G')), %ection H a child 1I ears of a!e or below at the time of the
commission of the crime shall be e5empt from criminal liability bt will nder$o
an inter"ention !ro$ram9 a child above 1I ears of a!e or below 1J ears of
a!e shall be e5empt and be subjected to an inter'ention pro!ram unless s:he
acted with discernment in which case sch child will be sb6ect to the
a!!ro!riate !roceedin$s in accordance with this Act
NO!" #$%
CRIMINAL LAW Page :- of 149
Children fallin$ nder this Act are referred to as a child in confict with the law9
normall% minor o/enders are referred to as the accsed, 6"enile delin5ent,
!risoner, res!ondent, etc. bt it is contem!lated that these terms refer to !ersons
who ha"e committed crimes9 RA AHBB !rohibits the se of these terms to refer to
minor o/enders, onl% the abo"ementioned term can be sed
Gor a child in confict with the law there is a !resm!tion of the absence or
lac8 of intelli$ence
)/enders are free from criminal liabilit% bt are still ci"ill% liable
3he l&al 6ct of the e:em!tion: the child shall be $i"en to the custody of the
parent or !uardian7 in their absence, the custody is !i'en to the followin!,
accordin$ to their order of a"ailabilit%:
=a@ re$istered non7$o"ernmental or$aniFation
=b@ re$istered reli$ios or$aniFation
=c@ member of the 2aran$a% Concil for the (rotection of Children =2C(C@
=d@ local oLce of the +e!t. of #ocial Welfare M +e"elo!ment =+#W+@
=e@ national oLce of the +e!t. of #ocial Welfare M +e"elo!ment =+#W+@
&nother e8ect is that the minor is sub-ected to an intervention or
diversion pro!ram which in"ol"es: seminars and classes on famil% and
mediation, s8ills im!ro"ement, emotional mana$ement, etc.9 other di"ersion
!ro$rams are for reformation and rehabilitation, in which the !blic !rosector
sall% initiates the recommendation for the minor to be sb6ected nder the
!ro$ram
Q: What is a child at ris8?
=nral Rul for minors abo"e ;N or below ;D %ears of a$e: e5empted, becase
the !resm!tion is that the% acted withot intelli$ence
-.cption: the minor acted with discernment
&ow is discernment determined? =Re%es@
=;@ manner of committin$ the crime
=?@ condct of the o/ender
+iscernment can also be determined b% the words uttered b% the minor
attendant to the commission of the act, e$. the words, <3uti n!a sa?yoO=, which
indicates an e+pression of accomplishment, 'ictory or satisfaction
Whn th cas has bn #ci## b! th courtJ
If the jud!ment is an acEuittal, the decision shall immediatel% ta8e e/ect without
suspension, and the decision shall be promul!ated and pronounced
NO!" #$%
CRIMINAL LAW Page :< of 149
What is the si$nifcance of promul!ation?
7 it is fll of si$nifcance9 the decision is read in o!en cort
7 immediatel% after the readin$ the 6d$ment of ac5ittal becomes immediatel%
fnal and e:ector%, which cannot be sb6ect for an% motion of reconsideration,
hence the decision cannot be either re"ersed or modifed
If the jud!ment is conviction, the promul!ation of the decision and the sentence
shall be suspended b% the cort9 the minor shall be ordered to under!o
inter'ention, which shall ha"e the followin$ e/ects:
=a@ If after the inter'ention, there is reform on the !art of the minor, the minor
shall be retrned to the cort to dismiss the criminal case and dismiss the
char!es a$ainst the minor
=b@ If after the inter'ention, there is no reform, the minor shall be retrned to
the cort for the !roml$ation of the decision a$ainst the minor9 then, the court
shall either decide on the sentence or e+tend the inter'ention
)nl% when there is refusal to be sb6ected to reformation or when there is failure
to reform can the child be subjected to criminal prosecution and the judicial
system
Othr 6cts o' Rpublic Act D344
=i@ decriminaliFes the sniLn$ of r$b% b% a minor
=ii@ decriminaliFes the "iolation of a minor of the Anti7Mendicanc% Law, which
!rohibits be$$in$ or be$$ars
=iii@ decriminaliFes "a$ranc% and !rostittion, !nished nder the R(C, when
committed b% a minor ;N %ears old or below9 the minor will not be criminall%
liable
=i"@ criminal records of minors abo"e ;N or below ;D %ears of a$e are 8e!t
confdential in order to protect the honor and reputation of the minor
="@ e:em!ts minors from the o/ense of refsin$ to ac8nowled$e the fact that s-he
had been in"ol"ed or con"icted in a criminal case before
="i@ minors can den% nder oath their criminal in"ol"ement or con"iction9 cannot
be char$ed with !er6r% or falsifcation or misre!resentation, for concealin$ the
criminal in"ol"ement or con"iction9 purpose: to !i'e the minor a new lease in
life and to pre'ent the sti!ma of con'iction which e:tends in a lon$7term basis,
i.e. in loo8in$ for 6ob or !rotectin$ the familiesO re!tation
NO!" #$%
="ii@ retroacti'e application of RA AHBB on !ersons who were con'icted and are
currently ser'in! time for crimes they committed when they were minors abo'e
J or below 15 years of a!e when they committed the o*ense, becase minors
who acted with discernment nder this a$e brac8et, were not e:em!ted from
criminal liabilit% before nder the R(C, bt has alread% been re!ealed b% RA
AHBB9 their criminal liabilit% is erased therefore the% shall be released
Q: #!!osin$, a ;<7%ear old, who is a!!arentl% "er% intelli$ent, commits a crime,
will he be e:em!ted from criminal liabilit% considerin$ the hi$h le"el of intelli$ence
of the child?
12%, he is still e+empted9 what is important is the a!e of the child at the time
of the commission of the crime9 it doesnOt matter whether the child was
e:tremel% intelli$ent
/tatus O6nss =nder RA AHBB@ refers to o/enses which discriminate onl%
a$ainst a child, while an adlt does not s/er an% !enalt% for committin$ similar
acts9 these shall inclde crfew "iolations, tranc%, !arental disobedience and the
li8e
$tatus o*enses when committed by a minor are !nishable, bt are not
punishable anymore under 8# J344
$tatus o*enses when committed by an adult are not punishable
1h ,an&rs o' Rpublic Act D344 ,#murao)
7 can be absed or ta8en ad"anta$e of b% crime s%ndicates that se minors
as instrments for the commission of crimes
7 3he e/ect of the liberal e:em!tions of RA AHBB what will ha!!en to the
"ictims if the o/enders, who are minors, will be e:em!ted all the time?
4ictims will ta8e the Gili!ino wa% U ta8in$ the law into their own hands
With reference to RA AHBB, the (hili!!ines is not %et read% for that 8ind of law.
,#murao)
3asis 'or th .mption o' a minor: absence or lac4 of intelli!ence
Articl 12%4( A Acci#nt
7 "lements.
1. a !erson is !erformin$ a lawful act
2. the act is done with due care
3. cases an in6r% to another by mere accident
4. in6r% was done without fault or intention of casin$ it
Q: What is an Accident?
Q: What are the Re5isites?
NO!" #$%
CRIMINAL LAW Page ;, of 149
Q: What are the Le$al */ects of Accident?
No ci"il liabilit%
No criminal liabilit%
*:am!les of e:ce!tions
Q: +ri"er with an e:!ired license? N)3 e:em!t
Q:Not re$istered ; %ear delin5ent? N)3 e:em!t7 not lawfl act
With defecti"e brea8s, w-n #!eed limits !ro!er lane?
Not e:em!t7falt or ne$li$ence
3ires of car alread% worn ot? Not e:em!t
In ti!to! condition, brand new tires? Not e:em!t
)f E !assen$ers in the car7 o"erloadin$
Ri$ht lane em!t%, o"ertoo8 the car? Not e:em!t
Left lane is for o"erta8in$
)"erta8in$ on the left lane, hit a child who sddenl% crossed the road? 0es, e:em!t.
Absoltor% case =Art.?BE@
(ar.; not e:em!t from criminal liabilit%. 3here is a !enalt%7destierro. It is still an
nlawfl act.
0f all the elements are present, the le$al e/ect is that the accsed shall incr
no criminal liabilit and no civil liabilit
If not all the elements are present, &rticle H7 of the RPC will appl and the
!enalt% !rescribed is arresto mayor to prision mayor for !ra'e felonies
3here is ne!li!ence when U the accsed tried to o"erta8e another "ehicle on the
ri$ht side of the road becase this is a "iolation of traLc laws
#!eedin$ alon$ the road is an e:am!le of an act done without due care
3asis 'or .mption absence of intent
Articl 12%5( 8 Compulsion o' Irrsistibl 0orc
7"lements.
1. com!lsion to commit the crime is b% means of !h%sical force or "iolence
2. !h%sical force or "iolence is irresistible
3. the !h%sical force or "iolence mst come from a H
rd
!erson
(res!!oses that a !erson is com!elled by means of force or 'iolence
NO!" #$%
CRIMINAL LAW Page ;1 of 149
Irrsistibl 0orc de$ree of force which is e+ternal or physical force which
redces the !erson to a mere instrment and the acts !rodced are done without
his will and a!ainst his will =Amrao@
3asis 'or .mption absence of freedom
Articl 12%>( 8 Impuls o' an Fncontrollabl 0ar
7 8eAuisites: =Re%es@
1. that the threat which cases the fear is of an e"il $reater than or at least
e5al to that which he is re5ired to commit
2. that it !romises an e"il of sch $ra"it% and imminence that the ordinar%
man wold ha"e sccmbed to it
(res!!oses intimidation or threat, not force or "iolence
7 "lements:
1. the e+istence of an uncontrollable fear
2. the fear mst real and imminent
3. the fear of an in6r% is !reater than or eAual to that committed
All the elements mst concr
3asis 'or .mption 7 absence of freedom
Q: What element of "olntariness is absent?
Intent, Greedom
Q9 (ar.> +istin$ish > and N.
Natre of threat $reater or e5al?
,i6rnc bt5n irresistible force an# uncontrollable fear :
Irrsistibl 0orc in"ol"es the use of violence or phsical force to com!el
Fncontrollabl 0ar in"ol"es the use of threat or intimidation to com!el
Articl 12%C( 8 0ailur to $r'orm a La5'ul Act ,u to La5'ul or
Insuprabl Caus
7 "lements:
1. an act is reAuired by law to be done
2. that a !erson fails to perform such act
3. that the failure to !erform sch act was due to some lawful or insuperable
cause
/ailure to deli'er arrested persons to the proper authorities de to !roblems
re$ardin$ distance and trans!ortation is a lawfl or ins!erable case
A typhoon cases the failre to !erform the lawfl act is an ins!erable case
NO!" #$%
CRIMINAL LAW Page ;+ of 149
3asis 'or .mption absence of intent
Absolutor! Causs those where the act committed is a crime bt for reasons of
!blic !olic% and sentiment, there is no !enalt% im!osed
Insti&ation is an ille!al act becase the !blic oLcer !lants the seed of
criminalit% in the mind of the !erson or o/ender ,#murao)9 the !blic oLcer
indces an innocent !erson to commit the crime which the !blic oLcer
concei"ed ,8eyes)
-ntrapmnt is a le$al act becase the !r!ose is to ca!tre or tra! the
lawbrea8er
3uyFbust operations are forms of entra!ment, hence the% are le$al
Arbitrar% +etention with warrant
Art. ;?N =Warrantless arrest@
Insti$ation "s. *ntra!ment7 e.$. b% bst o!eration
1i"e e:am!les
(ri"ate indi"idal both
*/ects of criminal liabilit% of:
Insti$ator7liable as !rinci!al b% indcement
Insti$ated7 !rinci!al b% direct !artici!ation
(t absoltor% as to direct !artici!ation
&rticle 1'
Q: what is miti$atin$ circmstance?
7 those which, if !resent in the commission of the crime, do not entirel% free
the actor from criminal liabilit% bt ser"e onl% to redce the !enalt%
Q: What are the Sinds?
)rdinar%
(ri"ile$ed
(ar.; of Art. ;H becomes a !ri"ile$ed miti$atin$ circmstance becase of Art.>A
=Amrao@
Art.>A ma8es !ar.; of Art.;H a !ri". mit. Circmstance.
Classication:
OR,INAR2 $RIKIL-=-,
NO!" #$%
7 o/set b% a $eneric a$$ra"atin$ 7 cannot be o/set b% a $eneric
circmstance a$$ra"atin$ circmstance
7 !enalt% lowered to minimm 7 !enalt% lowered b% de$ree
Miti$atin$ and a$$ra"atin$ circmstances are not a!!lied to s!ecial !enal laws
becase the !enalties in s!ecial !enal laws cannot be di"ided into three !eriods
Articl 13%1( 8 Incomplt :usti'!in& or -.mptin& Circumstancs
7 is considered a privile!ed miti$atin$ circmstance, pro'ided, ma6orit% of the
elements re5ired to 6stif% or e:em!t are !resent
7 for the 6stif%in$ circmstances of selfFdefense, defense of relati'e and defense of
stran!er U the element of unlawful a!!ression should alwas be present
'All elements of CC or *C !resent e:em!t or 6stifed
'I* elements bt not ma6orit% ordinar% mit. Circ.
'Ma6orit% of the elements are !resent7 !ri". mit. Circ.
(ro"ided that in self defense, defense of relati"e or defense of stran$er,
,nlawfl a$$ression is !resent.
Q: 1i"e an e:am!le.
*:am!le of miti$atin$ circmstance of incom!lete accident
=see !a$e ?NA of boo8@ 3here was falt.
Q: Woman slee!in$ in her room. Canitor ha!!ened to enter the room to clean. &e
accidentall% toched the hand of the woman. 2elie"in$ her honor was in dan$er,
shot the 6anitor sin$ a $n nder her !illow? =,# "s. A!e$o@
Mit. Circ.7 Mista8e of fact of the woman.
(ri". Mit. Circ. )f self7defense
=N.2. ,nlawfl A$ression Z either of re5isites ? or H@
Q: N< meters awa%7 !ri"ile$ed?
No, considerin$ the distance ,A not !resent
Articl 13%2( 8 Minorit!
7 co"ers minors abo"e ;N %ears bt below ;D %ears of a$e =;>7;E %ears old@,
who acted with discernment
7 shall be entitled to the benefts of a privile!ed miti$atin$ circmstance
3asis 'or miti&ation: diminution of intelli!ence
NO!" #$%
2et. ;N or ;D with discernment7 mit =redced b% one de$ree@
Withot discernment7 e:em!tin$
RA AHBB did not amend Art. >D
Refse to sbmit +i"ersion !ro$ram
4iolation of conditions
Not for best interest
+i"ersion !ro$ram7 commencement of criminal action7 if e"entall%
sentenced to con"iction Art. >D will a!!l%.
Articl 13%3( 8 $ratr Intntionm
7 o/ender did not intend to commit so $ra"e a wron$
7 dis!ro!ortion of the means em!lo%ed to e:ecte the crime and the conse5ences
!rodced9 there shold ha"e been an intent at the moment
3asis 'or miti&ation: lac4 or diminution of intent
Gactor to determine e:istence of !raeter intentionem, intent bein$ a state of mind.
;@ wea!on sed
?@ natre of in6r%9 nmber of in6r%
H@ !art of the bod% in6red =location of in6r%@
B@ manner of inXictin$ in6r%
3reacher% 7 *:ternal
0es. Qalif%in$ a$$ra"atin$ if e:ternal in natre can co7e:ist with !raeter
intentionem which is internal. CL*AR?
Q: A intend to in6re AMrao hit in the ri$ht sholder +id not sbmit to medical
treatment. Amrao died.
;
st
5estion: Is A liable? 0es, !ar. ; Art.B
Was there treacher%? 0es[hence mrder =5alifed b% treacher%@
2ecase Amrao died, intent to 8ill is b% law conclsi"e.
Q: (eo!le ". *nri5eF =Abse of s!erior stren$th@
Intent to threaten onl%
&ow wold %o classif%? )rdinar%.
Le$al e/ect? Minimm
*:ce!t7 if cancelled b% $eneric a$$ara"atin$ circ.
NO!" #$%
CRIMINAL LAW Page ;: of 149
Q: Claim !ar. H in "iolation of s!ecial !enal laws?
No, intent is immaterial in o/enses.
Q: 3re or false: All miti$atin$ circ. Can be a!!reciated in s!ecial !enal laws?
No, !enalties not $radated and di"isible into min, med, ma: !eriods, In
$eneral@
*:ce!t: A$e
Articl 13%4( 8 $rsnc o' /u7cint $ro"ocation or 1hrat
Q: What are the re5isites?
1. !ro"ocation mst be sLcient
2. mst ori$inate from the o/ended !art%
3. that the !ro"ocation mst be immediate to the act or crime committed b%
the !erson who is !ro"o8ed
Q: What is !ro"ocation?
$ro"ocation an% n6st or im!ro!er condct or act of the o/ended !art%
ca!able of e:citin$, incitin$ or initiatin$ an%one
L* Whn is pro"ocation /u7cint
ade5ate to e:cite a !erson to commit the wron$ and mst accordin$l% be
!ro!ortionate to its $ra"it%
7 depends on:
=;@ the act constittin$ the !ro"ocation
=?@ the social standin$ of the !erson !ro"o8ed
=H@ the !lace and time when the !ro"ocation was made
1hreats shold immediatel% !recede the act
3asis o' th miti&ation* diminution of intelli!ence and intent
Q: *lements: =#)I@
Q: 3est to determine whether !ro"ocation can be considered miti$atin$. What 8ind
of !ro"ocation?
#Lcient.
Q: When is !ro"ocation sLcient?
(. ?EH
Q: &ow soon mst the crime be committed?
No time to re$ain his reason and to e:ercise self7control
7meanin$ of immediatel% is not with reference to the la!se of time !er se
NO!" #$%
CRIMINAL LAW Page ;; of 149
'Relate to RA3I) )G 3&* LAW
2t la!se of time to re$ain self7control
7!ersonal to %o =the !ro"ocation@
Q: What is the determinin$ factor?
InXence or e/ect of the !ro"ocation
=w-c means that la!se or inter"al of time is allowed de!endin$ on $ra"it% of
o/ense@
Q: Acts of lasci"iosness committed a$ainst %o =?!m@9 2orrowed 8nife =?H< !m@
Miti$atin$ nder !ar. B?
0es.
Q: ,nder !ar. >?
0es.
Q: Ma% %o consider both to$ether?
No, alternati"el% arisin$ from the same facts.
Q: Is acts lasci"iosness a $ra"e o/ense?
0es.
Articl 13%5( Imm#iat Kin#ication o' Rlati"sH<imsl'
7 8eAuisites:
1. that a $ra"e o/ense has been done on the one committin$ the felon% or on his
relati"es
2. felon% committed in "indication of sch $ra"e o/ense9 a la!se of time is
allowed between the "indication and the doin$ of the $ra"e o/ense
,i6rnc bt5n $ROKOCA1ION an# KIN,ICA1ION
$ro"ocation Kin#ication
7 it is made directl% onl% to the !erson 7 the $ra"e o/ense ma% be
committin$ the felon% committed also a$ainst the
o/enderOs relati"es
7 the case that bro$ht abot the 7 o/ended !art% mst ha"e done
!ro"ocation need not be a $ra"e a $ra"e o/ense to o/ender or
o/ense his relati"es
7 it is necessar% that the !ro"ocation or 7 "indication of the $ra"e o/ense
threat immediatel% !recedes the act ma% be pro+imate which allows an
withot inter"al of time inter"al of time
Rason 'or th #i6rnc: vindication concerns the honor of a person
NO!" #$%
CRIMINAL LAW Page ;- of 149
3o determine whether the personal o*ense is !ra'e, the /. are considered:
7 social standin! of the !erson
7 time when the inslt was made
7 place where the inslt was made
7 sometimes, e"en the a!e ma% be considered
3asis 'or th miti&ation: diminution of the conditions of voluntariness
Q: 3here are H mit. Circ. (resent. Will %o be entitled to the benefts of these MC?
No. Arose onl% ot of ; fact- set of facts.
Q: A:H< mother informed %o that %or sister was ra!ed. 0o searched for him with
a re"ol"er. +id not fnd him. Gond him after H da%s.
(assion or obfscation? No.
(ro"ocation? No.
4indication? 0es.
Q: What is re5ired in "indication?
La!se of time
Q: What if after one wee8, "indication?
Law sa%s immediate
Q: +i/erence of meanin$ of immediate in !ar. B and N?
0es.
D months, "indicatin$?
Q: Chinaman elo!ed with sweetheart. (arent of sweetheart considered it an o/ense
a$ainst famil%. Gather loo8ed ofr da$hter. Gond her in the hose of the chinaman.
3hen father 8noc8ed, Chinaman ran and refsed to tal8 with father. Gather enra$ed
shot chinaman.
;@ &ow man% mit. Circ.?
4indication of $ra"e o/ense
(assion or obfscation
?@ Mst $ra"e o/ense constitte a crime?
No.
Q: #!!osin$ %o ha"e a frst cosin, $irl, so close to %o, who was ra!ed b%
nei$hbor. 0o loo8ed for nei$hbor and shot him dead.
What mit. Circ? 4indication?
NO!" #$%
CRIMINAL LAW Page ;< of 149
No, frst cosin not contem!lated nder "indication =relati"es@
Q: Re5irements of !assion or obfscation?
Q: Common law hsband as8 common law wife to retrn home. Wife refsed.
&sband was hmiliated b% reason of which he stabbed common law wife.
Ma% claim !assion or obfscation? No.
4indication of $ra"e o/ense? No, not enmerated b% law.
Q: &miliation, slandered in !blic, is it a crime?
0es.
Q: It is a $ra"e o/ense a$ainst %o?
Q: What is the crime committed? #lander,
Q: Ma% be committed b% a common law wife a$ainst a common law hsband? 0es.
Q: (resence of (M), 4, and #(7 0es
Q: Can %o consider all of these in %or fa"or?
(M)7 No, not lawfl sentiment9 not lawfl le$itimate relation
#(7 0es
47 0es
Q: )ld man has his own famil% alread% bt not contented with wife went ot e"er%
ni$ht . Met an attracti"e woman in a !rostittion hose, he con"inced woman to
lea"e the !rostittion hose and the% li"ed to$ether as hsband and wife. Wife left.
After se"eral da%s, she was fond in another !rostittion hose, con"inced
her to to $o bac8. Woman adamant in her refsal. Woman said A%o8o na
sa%o, Matanda 8a na. Mahina na thod mo. )ld man was enra$ed, stabbed
her.
Q: Ma% old man claim (M)?
No. (eo!le ". 2ello is an e:ce!tion =!. ?A<7?A;@
4,5,C are interrelated because they can e+ist in a sin!le act but not necessarily
appreciated separately5
Articl 13%>( 8 $assion or Ob'uscation
7 "lements:
1. the accsed acted !on im!lse
2. the im!lse mst be so !owerfl that it natrall% !rodced !assion or
obfscation in the accsed
NO!" #$%
8eason. these are cases natrall% !rodcin$ in a !erson !owerfl
e:citement that he loses reason and self7control thereb% diminishin$
the e:ercise of will!ower
8ule: the passion or obfuscation should arise from lawful
sentiments in order to be miti$atin$
7 8eAuisites:
1. that there be an act, both nlawfl and sLcient to !rodce sch a condition of
mind
2. that said act which !rodced the obfscation was not far remo"ed from the
commission of the crime b% a considerable len$th of time, drin$ which the
!er!etrator mi$ht reco"er his natral e5animit%
,i6rnc bt5n $A//ION or O30F/CA1ION an# IRR-/I/1I3L- 0ORC-
$assion or Ob'uscation Irrsistibl 0orc
7 a miti$atin$ circmstance 7 an e:em!tin$ circmstance
7 cannot $i"e rise to irresistible force 7 re5ires !h%sical force
becase passion or obfuscation has no
physical force
7 the !assion or obfscation is in the 7 mst come from a third !erson
o/ender himself
7 mst arise from lawfl sentiments 7 is nlawfl
,i6rnc bt5n $A//ION or O30F/CA1ION an# $ROKOCA1ION
$assion or Ob'uscation $ro"ocation
7 !rodced b% an im!lse which ma% 7 mst come from the in6red !art%
be cased b% !ro"ocation
7 the o/ense which en$enders 7 mst immediatel% !recede the
!ertrbation of mind need not be commission of the crime
immediate9 it is onl% re5ired that the
inXence thereof lasts ntil the
moment the crime is committed
7 the e/ect is loss of reason and 7 the e/ect is also loss of reason
self7control on the !art of the and self7control on the !art of the
o/ender o/ender
Articl 13%C( 8 Koluntar! /urrn#rHKoluntar! Con'ssion o' =uilt
Koluntar! /urrn#r
7 8eAuisites:
1. that the o/ender had not been actall% arrested
2. that the o/ender srrendered himself to a !erson in athorit% or to the latterOs
a$ent
3. that the srrender was "olntar%
NO!" #$%
CRIMINAL LAW Page -, of 149
MKoluntar!@ to be a!!reciated, 'oluntary surrender must be spontaneous in
sch a manner that it shows the interest of the accsed to srrender
nconditionall% to the athorities, either becase =;@ he ac8nowled$ed his $ilt or
=?@ becase he wishes to sa"e them the troble and e:!ense necessaril% incrred
in his search and ca!tre
Intention to surrender withot actall% srrenderin$ is @(9 miti$atin$
Koluntar! Con'ssion o' =uilt
7 8eAuisites:
1. that the o/ender s!ontaneosl% confessed his $ilt
2. that the confession of $ilt was made in o!en cort that is before the
com!etent cort that is to tr% the case
3. that the confession of $ilt was made !rior to the !resentation of e"idence for
the !rosection
*"en after arrai$nment, "olntar% confession can still be miti$atin$, when with the
consent of the !blic !rosector, there is an amendment in the information U still
"olntar% confession =as was held in the midterms@
4olntar% confession is sall% done drin$ arrai$nment
What has been admitted need not be !ro"en b% e"idence9 6d$ment can alread%
be rendered bt both sides can still !resent e"idence to !ro"e a$$ra"atin$ or
miti$atin$ circmstances
Arrai&nmnt char$es are bein$ read to the accsed in o!en cort in a lan$a$e
8nown to him9 if the char$es are read in a lan$a$e not 8nown to him, the
arrai$nment or !lea is void.
It is the dt% of corts to read char$es in a lan$a$e 8nown to him

$romul&ation !h%sical and actal readin$ of the sentence to the accsed
7 can be limited to 6st the dis!ositi"e !ortion =the IwhereforeJ clase@
7 if there is an acEuittal, the decision is fnal and e:ector% and not a!!eallable
becase of the ris8 of doble 6eo!ard%
7 if there is a conviction, the accsed has ;N da%s to a"ail of le$al remedies, if not
a"ailed after, the con"iction becomes fnal and e:ector%
3asis 'or miti&ation* lesser perversit of the o*ender
Q: &ow man% MC? two
;@ 4olntar% srrender7 )rdinar% =not $eneric@
?@ 4olntar% confession of $ilt
(ara$ra!hs H to ;< are all ordinar% miti$atin$
NO!" #$%
CRIMINAL LAW Page -1 of 149
Reason for considerin$ "olntar% srrender miti$atin$?
;. Act of re!entance and
? res!ect for law, and
H. sa"es time, resorces and ener$% for his search and ca!tre
3o whom mst 4# be done?
(erson7in7athorit%, +efne =!.H<N@
A$ent
e.$. of (7I7A
2r$%. Chairman
Cit% Ma%or
Cd$e, 1o"ernor
(rosector, Con$ressman
(resident, (rofessors, 3eachers
A$ents
(olice oLcers
Members of AG(
2r$%. 3anods
N2I a$ents
#heri/s
Silld nei$hbor, srrender to Amrao, "olntar% srrender? 0es.
2oard members of 1#I#? 0es.
)f Landban8? 0es.
+2(? 0es.
###? 0es.
(A1C)R? 0es.
Q: #!!osin$ accsed after 8illin$ nei$hbor 6st sta%ed in his hose. When !olice
oLcers arri"ed, went with them "olntaril%7 mit? No.
Koluntar! surrn#r not s!non!mous 5ith nonANi&ht.
+irect, !ositi"e, ne5i"ocal act showin$ an intention to sbmit himself "olntaril%
either sa"e the $o"t from the time and e:!enses or as a si$n of ac8nowled$ment of
$ilt or re!entance =Amrao@
NO!" #$%
CRIMINAL LAW Page -+ of 149
)/ender on radio that he was _; ss!ect in sla%in$ of !olitician, he came to the
!olice to clear his name, he has a !endin$ case for ra!e. 4olntar% srrender? No.
Will srrender onl% if
;@ &e is $i"en s!ecial treatment
?@ ref
H@ aircon
4olntar% srrender? No.
After committin$ crime, accsed went into hidin$. &e was fond after se"eral
months. &idin$ !lace srronded b% athorities.
&e came ot sa%in$ I srrender. 4#?
No = Internal@ Meanin$ of s!ontaneos.
Poluntary Confession 0%ar5 1- of #rt5145
A case for homicide fled a$ainst accsed in 2atanes. ,!on learnin$, the accsed
hidin$ in 3awi7tawi srrendered to 2r$%. Chairman of 3awi7tawi?
0es. (lace of srrender not si$nifcant. It need not be the !lace where the
case is fled.
Q: (hil. Ambassador to Astralia, if accsed is in Astralia !on learnin$ of the case
fled? 0es.
Q: If srrendered to Astralian (rime Minister? No, not a (7I7A or a$ent nder the (hil
laws
Q: )n the wa% to the !olice !recinct, was a!!rehended? 0es.
Q: +id not o/er resistance? No.
Q: Issed warrant, srrendered to 2r$%. 3anod? 0es.
*"en if warrant is alread% issed? 0es, as lon$ as not ser"ed.
;< months after issance, srrendered? No. No lon$er s!ontaneos.
#rrender to mother7in7law? No.
Q: Re5isites of 4C1:
NO!" #$%
Com!etent cort7 meanin$?
Cort tr%in$ the case
)!en cort7 meanin$? *"en if doors are closed?
0es.
Reason behind 4C1? Act of re!entance, Ac8nowled$ment of $ilt

Accsed willin$ to !lead $ilt% with condition
Ref, aircon, com!ter set? No.
When to !lead? Arrai$nment.
(re7trial? =3here is !resentation of witnesses, docments, and $ist of testimon%@
After ins!ection of e"idence and conclsion, the e"idence a$ainst him is stron$.
#ta$es
Arrai$nment
(re7trial
3rial
)NL0 #,2MI##I)N, N)3 (R*#*N3A3I)N
(rosec !resented ;
st
e%ewitness, clear M con"icnin$ testimon%
After ;
st
witness, concldin$ that he wold be con"icted , withdrew $ilt% !lea.
Miti$atin$? No.
N.2. N)3 !rior to IterminationJ
Witness onl% sworn7in, no testimon% %et miti$atin$? 0es.
Amend info to a lesser o/ense w-o !rotest willin$ to !lea $ilt%, miti$atin$? 0es.
Articl 13%E( 8 ,a'nss an# ,umbnss
7 mst restrict the means of action, defense or commnication with others
3asis 'or miti&ation* o*ender does not have complete freedom of action7
diminution of freedom and voluntariness
2ald? No.
2lind? 0es.
(artial blindness? 0es.
+eaf b% one ear? 0es.
NO!" #$%
Cri!!led? 0es.
3oothless? 0esQ
When mst the !h%sical defect be !resent? At the time of the commission of the
crime.
)R+INAR0 MI3.
Le$al e/ects.
Articl 13%D( 8 Illnss
7 the o/ender has diminished e:ercise of will!ower9 loss of will!ower ma% e"en be
e:em!tin$
7 de!ri"ation of consciosness
3asis 'or miti&ation* diminution of intelli!ence and intent
Accsed !rosected for sim!le theft =sho!liftin$ in a mall@
+rin$ trial, it was !ro"ed that he was a 8le!tomaniac. Miti$atin$? 0es.

If !rosected for frstrated homicide?
No, not related to the o/ense committed.
Accsed !rosected for ra!e. +rin$ trial !ro"ed to be se: maniac,
Miti$atin$? 0es.
N) C)N3R)L )G 3&*IR )WN WILL A# GAR A# 3&* )GG*N#* I# C)NC*RN*+
#ame fact7se: maniac. (rosected for Robber%? No.
Articl 13%1;( 8 Othr Analo&ous Circumstancs
*:am!le?
2lind, >< %ears old7E< %ears of a$e
Restittion7 "olntar% srrender.
Creditor, debtor.
Rnnin$ awa% and refses to !a%.
4ictim bro$ht to the hos!ital for treatment7 "olntar% srrender.
1i"in$ "ictim a certain amont forT7 "olntar% confession.
Cealos%. 0o saw %or $irlfriend wal8in$ hand7in7hand with another man, %o
inXicted !h%sical in6ries? (assion or obfscation.
NO!" #$%
CRIMINAL LAW Page -: of 149
)ther mit. Circ. In the R(C?
Infanticide or abortion to conceal dis$race or dishonor.
Adlter%7 there is abandonment b% the o/ended !art%. =,n6stifed@
&rticle 1)
Q: What are a$$ra"atin$ circmstances?
7 those if !resent, are not atomaticall% o/set b% miti$atin$ circmstances
7 ma% increase the !enalt% !ro"ided b% the law withot e:ceedin$ the ma:imm
!enalt% or it chan$es the natre of the crime
A Classifcation*
1. =nric those that $enerall% a!!l% to all crimes, e$. Recidi"ism, Aid of Minors,
Ad"anta$e ta8en b% (blic (osition, etc
2. /pciGc those that a!!l% to !articlar crimes, e$. I$nomin%, 3reacher%
3. Luali'!in& 3hose that chan$e the natre of the crime, e$. 3reacher%, *"ident
(remeditation, Crelt%, etc.
4. Inhrnt necessit% accom!anies the commission of the crime, e$. se: is
inherent in crimes a$ainst chastit%
,i6rnc bt5n =nric an# Luali'!in&
=-N-RIC LFALI02IN=
7 can be o/set b% an ordinar% 7 cannot be o/set b% an ordinar%
miti$atin$ circmstance miti$atin$ circmstance
7 the le$al e/ect is to increase 7 it chan$es the natre of the crime
the !enalt% to the ma:imm 7 $i"e the crime its !ro!er and e:clsi"e
withot e:ceedin$ the limit name
*oth Eualifin! and !eneric circmstances must be alle!ed in the information9
the !rosection canOt !ro"e an a$$ra"atin$ circmstance drin$ trial =!.H?> _H in
the com!arison !art in the Re%es boo8 is wron$@
Articl 14%1( 8 A#"anta& 1a+n o' $ublic $osition
7 a !eneric a$$ra"atin$ circmstance
NO!" #$%
CRIMINAL LAW Page -; of 149
7 based on Re!blic Act E>NA, in crimes committed b% a !blic oLcer, the !enalt%
!rescribed b% law is alwa%s at the ma5imum, re!ardless of the miti!atin!
circumstances presented and re!ardless of the nature of these miti!atin!
circumstances
$ublic O7cr for ad"anta$e ta8en to be a!!reciated, s-he mst se the
inXence, !resti$e or ascendanc% which his oLce $i"es him as the means b%
which s-he realiFes his !r!ose.
3here shold be a deliberate intent to use the in>uence, presti!e or ascendancy
Is it eno$h that the o/ender is a !blic oLcer? @(, he has to use the in>uence,
presti!e or ascendancy $i"en to him b% his oLce
$upposin!, a !olice oLcer enters the hose then ties ! the residents and robs
them, can the a$$ra"atin$ circmstance of ad"anta$e ta8en of !blic !osition be
a!!reciated? 0*#
$upposin!, a traLc enforcer ta8e o"er the car of a dri"er and s!eeds awa%, he is
con"icted of robber%, can the a$$ra"atin$ circmstance of ad"anta$e ta8en of
!blic !osition be a!!reciated? 0*#
$upposin! some members of the baran$a% concil as8ed for fnancial s!onsorshi!
for the edcation of the commnit%, then the !ro6ect trned ot to be false, can
the a$$ra"atin$ circmstance of ad"anta$e ta8en of !blic !osition be
a!!reciated? 0*#
$upposin!, if these crimes were attendant of ne$li$ence, !assion or obfscation,
"indication, or sLcient !ro"ocation, can the a$$ra"atin$ circmstance of
ad"anta$e ta8en of !blic !osition be a!!reciated? @(, becase these
circmstances are incompatible with ad"anta$e ta8en of !blic !osition since
deliberate intent is absent in these instances.
$upposin!, a !olice in"esti$ator as8ed a ra!e "ictim to enter a room where he
committed acts of lasci"iosness on the ra!e "ictim, can the a$$ra"atin$
circmstance of ad"anta$e ta8en of !blic !osition be a!!reciated? 12%
3he a$$ra"atin$ circmstance of advanta!e ta"en of public position is @(9
a!!reciated when the public position is an inte!ral element or inherent in the
o*ense9 In the / crimes, !blic !osition is inherent:
7 briber% 7 mal"ersation of !blic fnds
7 indirect briber% 7 falsifcation of !blic docments
7 RA H<;A 7 other crimes a$ainst !blic oLcers nder the R(C
3asis 'or th a&&ra"ation* the !reater per'ersity of .1/ personal
circumstances of the o8ender, and .2/ means used to secure commission
of the crime
NO!" #$%
CRIMINAL LAW Page -- of 149
Articl 14%2( 8 Contmpt or Insult to $ublic Authoritis
7 8eAuisites:
1. the !blic athorit% is en$a$ed in the e:ercise of his oLcial fnctions
2. the !blic athorit% is not the "ictim of the crime
3. o/ender 8nows him to be a !blic athorit%
4. his !resence has not !re"ented the o/ender from committin$ the crime
$upposin!, one #nda%, the ma%or 6st fnished mass, he saw two !eo!le f$htin$,
he mediated !on introdcin$ himself, can the a$$ra"atin$ circmstance of
contem!t or inslt of !blic athorities be a!!reciated? 12%, becase re$ardless
of the da%, e"en if #nda% is not a wor8in$ da%, the oLcial fnction of the ma%or,
in this case to maintain !eace and order, does not sto! as lon$ as he is within his
6risdiction
$upposin!, sin$ the same facts abo"e, the two !eo!le attac8ed the ma%or, can
the a$$ra"atin$ circmstance of contem!t or inslt of !blic athorities be
a!!reciated? @(, becase the !blic athorit% shold not be the o/ended !art%
$upposin!, sin$ the same facts, bt the ma%or attended the mass in another
town, can the a$$ra"atin$ circmstance of contem!t or inslt of !blic athorities
be a!!reciated? @(, becase mediatin$ wold not be !art of his oLcial fnctions
in that other town.
$upposin!, sin$ the same facts abo"e, bt the two !eo!le did not 8now that the
one mediatin$ was in fact the ma%or, can the a$$ra"atin$ circmstance of
contem!t or inslt of !blic athorities be a!!reciated? N), the o/enders ha"e to
8now that he is the ma%or or a !blic athorit%
Q: #!!osin$ ma%or of town K attendin$ weddin$ in town 0. A crime was committed.
A$$ra"atin$?
No. Mst be within his 6risdiction. Not en$a$ed in oLcial dties.
Articl 14%3( 8 ,isr&ar# o' Ran+, A&, /. or ,5llin& o' th O6n##
$art!
7 there are G),R circmstances in this !ara$ra!h
7 ran8, a$e, se: ha"e a common denominator U res!ect de to o/ended !art%
,isr&ar# o' ran+ o' th o6n## part!
7 a !eneric a$$ra"atin$ circmstance U can be o/set b% an ordinar% miti$atin$
circmstance
7 not a!!licable to cases attendant of ne$li$ence or carelessness
NO!" #$%
CRIMINAL LAW Page -< of 149
7 not a!!licable to cases attendant of !assion or obfscation, "indication or those
with sLcient !ro"ocation U becase of the lac8 of intent
7 this can be done to a !erson in athorit% or his a$ent
7 there shold be deliberate intent to disre!ard or insult U accom!anied with
the di/erence in ran8, and manifested b% deliberate acts
7 inherent in the crime of direct assalt
$upposin!, a ser$eant was dri"in$ a 6ee! in a careless manner, then he hit a
$eneral, can the a$$ra"atin$ circmstance of disre$ard of ran8 be a!!reciated?
@(, there was no deliberate intent to disre$ard the ran8 of the $eneral
$upposin!, !h%sical in6ries were made a$ainst (rof. Amrao b% his stdent, can
the a$$ra"atin$ circmstance of disre$ard of ran8 be a!!reciated? 12%, becase
(rof. Amrao is a !erson in athorit% and ran8s hi$her than the stdent.
$upposin!, a ser$eant sees his wife embracin$ a $eneral, then he ran o"er them,
can the a$$ra"atin$ circmstance of disre$ard of ran8 be a!!reciated? @(,
becase this circmstance was attendant of !assion or obfscation
,isr&ar# o' a& o' th o6n## part!
7 a $eneric a$$ra"atin$ circmstance U can be o/set b% an ordinar% miti$atin$
circmstance
7 for this circmstance to be a!!reciated, the dis!arit% of a$e between o/ender and
"ictim can be determined if the "ictim can be the father of the accsed9 a dis!arit%
of ;N %ears or more
7 tender a!e U for children9 old a!e U for old !eo!le
$upposin!, the o/ender was A< %ears old when he stabbed the ;<N7%ear old
"ictim, can the a$$ra"atin$ circmstance of disre$ard of a$e be a!!reciated?
12%, e"en if the o/ender was also "er% old, the dis!arit% of their a$es still
matters
,isr&ar# o' s. o' th o6n## part!
7 a $eneric a$$ra"atin$ circmstance U can be o/set b% an ordinar% miti$atin$
circmstance
NO!" #$%
7 the "ictim contem!lated in this !ara$ra!h shold be a woman
7 the o/ender shold act with deliberate intent to disrespect the woman
7 disre$ard of se: is absorbed in treacher%
7 dwellin$ ma% mean tem!orar% dwellin$
,5llin&
7 a !lace or strctre that satisfes the re5irements of domestic life of a !erson
circmstance
7 there no pro'ocation on the !art of the o/ended !art%
7 all the in!redients of the crime shold be done in the dwellin$
7 if the o/ender and o/ended are both occ!ants of the same hose, dwellin$
cannot be a!!reciated
$upposin!, the crime was committed in the !ara!e of the house, can the
a$$ra"atin$ circmstance of dwellin$ be a!!reciated? 12%, becase the $ara$e is
!art of the dwellin$
$upposin! the crime was done in the roof? 12%
$upposin!, a child was "idnapped while at the stairs of the dwellin!, there
was no ransom bt the child was "illed in Cavite, can the a$$ra"atin$
circmstance of dwellin$ be a!!reciated? 12%, becase the stairs is still !art of
the dwellin$
$upposin!, a husband "ills his wife in their con6$al dwellin$, can the
a$$ra"atin$ circmstance of dwellin$ be a!!reciated? @(
$upposin!, the housemaid "illed the emploerDs child, can the a$$ra"atin$
circmstance of dwellin$ be a!!reciated? @(
$upposin!, the accused was on the road when he shot the "ictim who was at
the stairs, can dwellin$ be a!!reciated? 12%
$upposin!, if the victim was in the ard !oin! to the direction of the stairs,
can the a$$ra"atin$ circmstance of dwellin$ be a!!reciated? @(
$upposin!, the victim was about to step on the stairs? can the a$$ra"atin$
circmstance of dwellin$ be a!!reciated? 12%
$upposin!, the emploer raped their maid, can the a$$ra"atin$ circmstance
of dwellin$ be a!!reciated? @(
NO!" #$%
CRIMINAL LAW Page <, of 149
$upposin!, the housebo "illed the housemaid, can the a$$ra"atin$
circmstance of dwellin$ be a!!reciated? @(
$upposin!, the wife "illed her husband in the con6$al hose, can the
a$$ra"atin$ circmstance of dwellin$ be a!!reciated? @(
$upposin! the wife commits adulter, can the a$$ra"atin$ circmstance of
dwellin$ be a!!reciated? 12%
$upposin!, the owner of the hose and the dwellin$ of the "ictim, where the
victim was a tenant, can the a$$ra"atin$ circmstance of dwellin$ be
a!!reciated? 12%, becase dwellin$ ma% mean tem!orar% dwellin$
$upposin!, the owner was "illed in the toilet, can the a$$ra"atin$
circmstance of dwellin$ be a!!reciated? 12%, becase the toilet is !art of the
dwellin$
$upposin!, the owner of the house was "illed I00 meters from the toilet
which was sitated otside the hose, can the a$$ra"atin$ circmstance of
dwellin$ be a!!reciated? @(, becase if %o destro% the toilet, the hose remains
intact
3asis o' th a&&ra"ation* Place of the commission of the crime9 the sanctit% of
!ri"ac% that the law !ro"ides the hman abode
Q: &ow man% ACOs? B
;.@ Ran8
?.@ #e:
H.@ A$e
B.@ +wellin$
Q: Ran8 and abse of !blic fnctions can co7e:ist?
0es
w- #(? No, incom!atible
w- (-)? No
Q: Is it eno$h that the o/ended oart% be of hi$her ran8?
No. +eliberate intent and with disre$ard
- #ame with a$e
- #ame with se: =not eno$h that o/ended !art% is a woman@
Q: +isre$ard of ran8. Gelon% committed with ne$li$ence?
No. +eliberate intent and ne$li$ence are incom!atible
- With (-)? No.
- (ro"ocation? No
- 4indication? 0es
NO!" #$%
CRIMINAL LAW Page <1 of 149
Q: 1eneral has illicit relations with a wife of a #er$eant. #er$eant saw them in ti$ht
embrace, shoots the 1eneral. A$$ra"atin$?
No. with !assion and obfscation =!-o@
4indication of $ra"e o/ense with disre$ard of ran8? 0es the% are not
inconsistent.
&!e
Q: Accidental meetin$ between o/ender and o/ended?
No. mst ha"e deliberate intent
Q: #!r of the moment?
No. same reason. A!!lies also to Ran8
2% accident? No.
Ran+ is a &nric
Q: what is the Le$al e/ect?
Not o/set b% an% ordinar% miti$atin$ circmstance. Raises the !enalt% to the
ma:imm
- Can be o/set b% mit circmstance
Q: When there are ? or more $eneric a$$, not o/set b% ordinar% mit, can the
!enalt% $o be%ond the ma: !rescribed b% law? No.
When there are ;<? No.
Mst not e:ceed the !enalt% !rescribed b% law for the o/ense
What is the re5ired a$e di/erence? ;N %ears at least =cold be the father@
Le$al e/ect? Not o/set b% an% ordinar% miti$atin$ circmstance. Raises the
!enalt% to the ma:imm
- Can be o/set b% mit circmstance
When there are ? or more $eneric a$$, not o/set b% ordinar% mit, can the !enalt%
$o be%ond the ma: !rescribed b% law? No.
When there are ;<? No.
Mst not e:ceed the !enalt% !rescribed b% law for the o/ense
What is the re5ired a$e di/erence? ;N %ears at least =cold be the father@
A$e is $eneric
NO!" #$%
CRIMINAL LAW Page <+ of 149
AN7 o/ended9 A<7 o/ender a$e a$$ra"atin$? No.
)ld man hmiliated %o in !blic. 0o stabbed him. A$$ra"atin$? No. #Lcient
!ro"ocation is incom!atible.
0o attac8ed a >< %o man who fled a criminal case a$ainst %o. A$$ra"atin$? 0es.
No !assion or obfscation$.
7(assion or obfscation mst arise from nlawfl action.
0o stabbed an old man who aimed a re"ol"er at %o. Not a$$ra"atin$. No sLcient
!ro"ocation.
A& is &nric
AN7 o/ended9 A<7 o/ender a$e a$$ra"atin$? No.
)ld man hmiliated %o in !blic. 0o stabbed him. A$$ra"atin$? No. #Lcient
!ro"ocation is incom!atible.
0o attac8ed a >< %o man who fled a criminal case a$ainst %o. A$$ra"atin$? 0es.
No !assion or obfscation$.
7(assion or obfscation mst arise from nlawfl action.
0o stabbed an old man who aimed a re"ol"er at %o. Not a$$ra"atin$. No sLcient
!ro"ocation.
#e:
Q: Considered in ra!e as a$$ra"atin$?
No. inherent
1eneric
Can be a!!reciated in crimes a$ainst !erson? 0es bt not in ra!e =inherent@
Accsed intended to 8ill hsband.#aw hsband and wife wal8in$. Gired at the
hsband bt hit the wife. Not a$$ra"atin$. No deliberate intent.
Wh% is se: a$$ra"atin$? Wemen belon$ to the wea8er se:.
If the woman is a blac8 belter? No lon$er a$$ra"atin$. Reason for law donOt e:ist
an%more.
Ran8, A$e, #e: and +wellin$ common element? R*#(*C3 =deliberate disre$ard of
the res!ect@
NO!" #$%
+wellin$
What is dwellin$? ='Llo%d sed the defnition in the boo8. MALI@
1eneric
Comfor room a dwellin$? No.
+wellin$ a !lace of strctre which satisfes the re5irements of domestic life of a
!erson
Is it eno$h that the crime be committed in the dwellin$? No. deliberate disre$ard
of the res!ect de to the o/ended !art% in the dwellin$.
- Incoma!atible with ne$li$ence
- Incom!atible with !-o
- Incom!atible with sLcient !ro"ocation
74indication can co7e:ist with dwellin$? 0es. 3he% are not incom!atible.
Accsed shot the "ictim while on the roof. +wellin$ is a$$ra"atin$
Accsed was in the middle of the road. 4ictim was brshin$ his teeth b% the window
of the hose. +wellin$ is a$$ra"atin$, re$ardless of the location of the o/ender
Accsed nder the hose of "ictim. 4ictim on the !!er !ortion. A$$ra"atin$? 0es.
- Car!ort? 0es
- Comfort room of hose? 0es
- If the CR is N<< meters from the hose? No. no lon$er an inte$ral !art of the
hose.
4ictim inside car. Car is in car!ort? 0es.
#on of owner of hose, ra!ed hosemaid. Not a$$ra"atin$. Mst not be li"in$ in the
same hose.
7Maid onl% re!orts from > am to A !m. 3hen $oes home to famil%. No.
Gamil% dri"er re!orts from >am to D!m. *m!lo%er was ot, dri"er ra!ed thesta%7in
hosemaid. 3his is a$$ra"atin$.
#iblin$s brother 8illed brother? No.
&sband 8illed !aramor in con6$al room. A$$ra"atin$ a$ainst the hsband? No
NO!" #$%
Wife had se: with a stran$er in the con6$al room. A$$ra"atin$ a$ainst wife? 0es.
#ee !a$e HNB. *:ce!tion to the rle that dwellin$ is not a$$ra"atin$ if both is li"in$
inside.
If the owner is the o/ender? No, as a $eneral rle
- *:ce!tion: lease Item!orar% dwellin$J
Articl 14%4( 8 Abus o' ConG#ncHOb"ious Fn&rat'ulnss
7 this !ara$ra!h contem!lates 3W) a$$ra"atin$ circmstances
Abus o' ConG#nc e:ists onl% when the o/ended !art% has trsted the
o/ender who later abses sch trst b% committin$ the crime. 3he abse of
confdence mst be a means of facilitatin$ the commission of the crime. 3he
cl!rit ta8in$ ad"anta$e of the o/ended !art%Os belief that the former wold not
abse said confdence
circmstance9 can be raised to the ma:imm
3here are instances where abuse of confdence is Eualifin!:
7 5alifed theft 7 5alifed ra!e
7 5alifed sedction
R)uisits*
1. o/ender had trsted the o/ended
2. o/ender absed sch trst with the commission of the crime
3. abse of confdence facilitated the commission of the crime
3here shold be direct relationship and trust
Confdence mst be immediate and !ersonal
Abse of Confdence is inherent in the /:
7 mal"ersation 7 5alifed theft
7 estafa 7 5alifed sedction
$upposin!, lovers bro"e o8 1 wee" before their encounter, can the
a$$ra"atin$ circmstance of abse of confdence be a!!reciated? @(
$upposin!, a nann "illed 2 r#old child under her care, can the a$$ra"atin$
circmstance of abse of confdence be a!!reciated? @(, becase there is no
direct relationshi! and trst between the nann% and child
$upposin!, the nann "illed the mother of that child nder her care, can the
a$$ra"atin$ circmstance of abse of confdence be a!!reciated? 12%, becase
NO!" #$%
CRIMINAL LAW Page <: of 149
there is direct relationshi! and trst between the nann% and the !arents of the
child
Fn&rat'ulnss mst be ob"ios, manifest and clear
circmstance9 can be raised to the ma:imm
7 a!!licable to domestic ser"ants, I8atiwalasJ, secrit% $ards
7 not a!!licable to if o/ender and o/ended both li"e in the same hose
3asis 'or a&&ra"ation: $reater !er"ersit% of the wa%s and means em!lo%ed
Abse of confdence in estafa? Inherent.
)b"ios n$rateflness
*m!lo%er attem!ted a$ainst the honor of hosemaid. After se"eral da%, em!lo%er
in"ited hosemaid to farm. Ra!ed hosemaid. No.
Abse of confdence? Confdence bro8en.
Articl 14%5( 8 $alac an# $lacs o' Commission o' O6ns
7 this !ara$ra!h contem!lates G),R a$$ra"atin$ circmstances
7 o8ender mst ha"e the intention to commit a crime when he entered the !lace
7 all the for circmstances are not a!!licable to cases attendant of !assion or
obfscation, immediate "indication or those with sLcient !ro"ocation U becase
of the lac8 of intent
7 not a!!licable to cases in"ol"in$ s!rs of the moment or chance meetin$s
Wisdom behind this circmstance: Wh% a$$ra"ate? WhatOs with the !lace?
2ecase the !lace deserves respect =a!!lies to all the !laces mentioned nder
this !ara$ra!h@
Crim committ# in th $alac o' th Chi' -.cuti"
circmstance9 !enalt% can be raised to the ma:imm
7 Is it necessary that the Chief *:ecti"e be there? @(
7 the !alace contem!lated here is the Malacanan$ (alace
NO!" #$%
CRIMINAL LAW Page <; of 149
$upposin!, the chef of the Chief 25ecutive "illed a -anitor, can the
a$$ra"atin$ circmstance of !alace of the Chief *:ecti"e be a!!reciated? 12%,
the Chief *:ecti"e need not be there
$upposin!, a !uest shot to death 6K ,i"e &rroo, can the a$$ra"atin$
circmstance of !alace of the Chief *:ecti"e be a!!reciated? 12%
$upposin!, sin$ the same facts abo"e, the crime was committed in the lawn,
can the a$$ra"atin$ circmstance of !alace of the Chief *:ecti"e be
a!!reciated? @(, becase the lawn is not !art of the !alace
$upposin!, sin$ the same facts abo"e, the crime was committed in the
presidential mansion, can the a$$ra"atin$ circmstance of !alace of the Chief
*:ecti"e be a!!reciated? @(, becase the mansion is not the !alace
Crim committ# in th $rsnc o' th Chi' -.cuti"
7 re5ires the personal presence of the Chief *:ecti"e
7 Is it necessar% that the crime be committed in the (residential !alace? @(
$upposin!, the president personall saw the crime, can the a$$ra"atin$
circmstance of in the !resence of the Chief *:ecti"e be a!!reciated? 12%
$upposin!, the president, while watchin! television, saw the crime? can the
a$$ra"atin$ circmstance of !alace of the Chief *:ecti"e be a!!reciated? @(
$upposin!, onBboard a helicopter, the Chief 25ecutive saw the crime from
a distance, can the a$$ra"atin$ circmstance of !alace of the Chief *:ecti"e be
a!!reciated? 12%
$upposin!, the o8ender had no "nowled!e that the Chief 25ecutive was
present or near the place of the commission of the crime, can the a$$ra"atin$
circmstance of !alace of the Chief *:ecti"e be a!!reciated? @(
Crim committ# in th $lac 5hr $ublic Authoritis ar in th
,ischar& o' thir ,utis
7 em!hasiFes the place of the commission of the crime
7 the !blic athorit% mst be in the e:ercise or !erformance of oneOs oLcial
fnction
Crim committ# in a $lac ,#icat# 'or Rli&ious Worship
7 em!hasiFes the respect that shold be a/orded to the !lace
NO!" #$%
CRIMINAL LAW Page <- of 149
$upposin!, there was no ceremon in the church when the crime was
committed, can the a$$ra"atin$ circmstance of !lace dedicated for reli$ios
worshi! be a!!reciated? 12%
$upposin!, there was no priest in the church, can the a$$ra"atin$
circmstance of !lace dedicated for reli$ios worshi! be a!!reciated? 12%
$upposin!, the crime was committed in a chapel inside a cemeter .the
chapel is used onl when there are masses to be held for purposes of
funeral services/, can the a$$ra"atin$ circmstance of !lace dedicated for
reli$ios worshi! be a!!reciated? @(, the !lace of reli$ios worshi! shold hold
reli$ios ceremonies there re!ularl
3asis 'or a&&ra"ation* $reater !er"ersit% shown b% the place of the commission
of the crime, which must be respected
1eneric
*m!hasis of !ar N? (LAC* of the commission of the crime. =res!ect de to the
!lace@
(res No%no% in 3imes #t. Crime committed in Malacanan$ $ronds. =$arden@. No,
mst be in !alace itself, not $arden.
If the con"o% was ca$ht in hea"% traLc. Accsed 8new it was the !residentOs
con"o%. Committed hold! in the streets. A$$ra"atin$? 0es
Incom!atible with ne$li$ence, !-o and s!.
(resident no%no% in helico!ter ho"erin$ o"er the !ro6ects. 3wo wor8ers had a f$ht.
)ne stabbed another to death within "iew of !resident no%no%. A$$ra"atin$? 0es.
(lace de"oted for reli$ios worshi!.
1eneric.
Is it eno$h that the crime be committed in a !lace decoted to reli$ios worshi!?
No. deliberate intent.
Accsed ra!e "ictim while !ra%in$ in #an 2eda Abbe%? 0es
If in a !ri"ate cha!el in %or hose? No. ;.@ re$lar worshi!. Re$lar reli$ios
worshi!. ?.@ mst be o!en to the !blic.
Cha!els in cemeteries? No.
NO!" #$%
CRIMINAL LAW Page << of 149
(blic athorities are en$a$ed in the !erformance $enerice
Not necessar% that the (A mst be en$a$ed in the !erformance of fnctions. Wh%?
*m!hasis is in the !lace. Reason is the res!ect de to the !lace.
Chief 6stice aslee! in his hose. 3he )Lce of Chief Cstice was robbed.
A$$ra"atin$? 0es
)Lce of #enate (res while #( was slee!in$ in his hose in the middle of the ni$ht?
0es
2))S I# WR)N1. It will collide with !ar ? if it will be re5ired that the (A shold be
in the e:ercise of his fnctions.
Articl 14%>( 8 Ni&httim, Fninhabit# $lac or 3an#
7 this !ara$ra!h contem!lates 3&R** a$$ra"atin$ circmstances
7 all the three circmstances are not a!!licable to cases attendant of !assion or
obfscation or those with sLcient !ro"ocation
Applicabl in cass 5hr:
1. the circmstance facilitated the commission of the crime
2. the circmstance was especiall sou!ht for b% the o/ender to insre the
commission of the crime or for the !r!ose of im!nit%
A to commit the crime with more ease
A contem!lates a !lanned attac89 not a mere enconter
3. the o/ender too" advanta!e of the circmstance for the purpose of
impunit
A to !re"ent bein$ reco$niFed or to secre himself a$ainst detection
Ni&httim
7 a Eualifin! a$$ra"atin$ circmstance U cannot be o/set b% a miti$atin$9
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
7 ni$httime means: be$innin$ at the end of ds8 and endin$ at dawn
7 it is not eno$h that it was ni$httime
7 what is es!eciall% so$ht for b% the o/ender is the dar8ness of the ni$ht
7 this circmstance is not a!!licable to cases in"ol"in$ accidents, accidental
meetin$s, chance enconters, or s!rs of the moment
$upposin!, the crime was committed inside a dar" movie house at around
)pm, can the a$$ra"atin$ circmstance of ni$httime be a!!reciated? @(,
becase was shold be es!eciall% so$ht for is the dar8ness of ni$ht, not the
dar8ness of the mo"ie hose when the li$hts were onl% o/ becase it was onl% B
in the afternoon
NO!" #$%
$upposin!, the crime was committed inside a movie house when the li!hts
were still open and the time then was Gpm, can the a$$ra"atin$
circmstance of ni$httime be a!!reciated? @(, becase e"en tho$h it was
ni$httime, the !lace of the commission was well7li$hted when it was committed
$upposin!, the crime was committed in a place where it was wellBli!hted b
a ,eralco li!htpost, can the a$$ra"atin$ circmstance of ni$httime be
a!!reciated? @(
Fninhabit# $lac
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
7 there shold be intent
#!r of the moment Not a!!licable
What is considered is the reasonable possibility for the 'ictim to recei'e some
help7 the de!ree of di)culty of !i'in! assistance or help
#olitde =mst be so$ht for to better attain criminal !r!ose@
7 for an eas% and ninterr!ted accom!lishment of their criminal desi$n
7 to insre concealment of the o/ense9 secrit% a$ainst detection and !nishment
3an#
7 more than three malefactors
7 shall ha"e acted to!ether
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
What do %o mean b% IarmedJ? onl% $ns? N), 8ni"es are considered9 an%thin$
that can 8ill a !erson
A$$ra"atin$ in crimes a!ainst property and crimes a!ainst persons9 N)3
a!!licable in crimes a$ainst chastit%
3asis 'or a&&ra"ation* time Q place of the commission M means employed
&ow man% AC? H
Ni$httime $eneric =with 6ris!rdence@
Ni$httime as absorbed in treacher% 5alifes homicide to mrder
What is ni$httime? (. H>N
D!m. Met in the classroom. #tabbed amrao. A$$ra"atin$? No. classroom is well
li$hted.
Incom!atible with: accidental meetin$, ne$li$ence, !-o, s-!, s!r of the moment.
#tarted the crime at N!m =snset@ fnishes at ;; !m a$$ra"atin$? No. nset not
dar8 %et.
#tarted at H am NH< !m snrise? No.
NO!" #$%
+eliberate intent.
If the crime was fnished onl% at ni$httime not a$$ra"atin$
Mo"iehose. Li$hts o/? No.
Annoncement of total ecli!se casin$ total dar8ness from H!m to N !m. 0o !lan to
8ill %or nei$hbor when the ecli!se set in. not a$$ra"atin$
`8illed drin$ fll moon.no clods co"ered the moon. N)
- Ni$httime to be a$$ra"atin$, the accsed mst ha"e so$ht the dar8ness of
the ni$ht.
In crimes a$ainst !erson ma% be an indicia of treacher%.
,ninhabited !lace
1eneric
Le$al e/ect?
Wh% a$$ra"atin$? No !ossibilit% of recei"in$ hel! =3*#3@
+eliberate intent
Incom!atible with ne$li$ence, s!, !-o, chance enconter, s!r of the moment,
Can treacher% absorb this ac? 0es.
2% 2and
1eneric
Absorbed b% treacher%? 0es
#%non%mos with s%ndicate? No
- ? or more
- Not necessaril% armed
N !ersons commirtted robber%, onl% H armed. 2%a band? No. at least B armed.
Articl 14%C( 8 On occasion o' calamit! or mis'ortun
7 that the crime be committed on the occasion of a conXa$ration, shi!wrec8,
earth5a8e, e!idemic or other calamit% or misfortne
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
7 there shold be deliberate intent to ta8e ad"anta$e
7 this circmstance is not applicable to cases in"ol"in$ accidents, accidental
7 this circmstance is not applicable to cases attendant of ne$li$ence or
carelessness
7 not applicable to cases attendant of !assion or obfscation or those with sLcient
!ro"ocation
NO!" #$%
Rason* in the midst of $reat calamit%, instead lendin$ aid to the a]icted, the
o/ender adds to the "ictimsO s/erin$ b% ta8in$ ad"anta$e of their ad"anta$e of
their misfortne to des!oil
3he o/ender must see" for the calamit as an opportunit to ta8e ad"anta$e
or to commit the crime
$upposin!, the o/ender saw his mortal enem% in a Xood, then he 8illed his mortal
enem%, can the a$$ra"atin$ circmstance of be a!!reciated? @(
3asis 'or a&&ra"ation* time of the commission of the crime
(ARA1RA(& E
- Qalif%in$
- Le$al e/ect
- +eliberate intent mst ta8e ad"anta$e of the calamit%
Incom!atible with ne$li$ence
ConXa$ration
Retrie"in$ %or !ro!ert%. Accidentall% met %or mortal enem%. #tabbed him. Not
a$$ra"atin$
Incom!atible with: !-o, s!r of the moment, s!
ConXa$ration 7 A stran$er too8 %or !ro!erties, what is the crime. Qalifed theft.
Articl 14%E( 8 Ai# or Arm# Mn, tc.
7 that the crime be committed with the aid of =;@ armed men or, =?@ !ersons who
insre or a/ord im!nit%
Arm# Mn
7 at least two =?@ men9 the law sa%s ImenJ9 for =B@ men U band alread%
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
Rul* Casual prsnc of armed men is @(9 a!!ravatin!
3he armed men mst ta8e !art directl or indirectl in the crime
3he o/ender mst a"ail of the aid
Mere moral or pscholo!ical aid or reliance is suCcient
#ctual aid is @(9 necessar%
$rsons 5ho insur or a6or# impunit!
NO!" #$%
A a Eualifin! a$$ra"atin$ circmstance U cannot be o/set b% a miti$atin$9
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
7 these !ersons should ha'e or be in a position to a/ord im!nit%
Is a -ud!e a !erson who can a/ord im!nit%? 12%
Is an emploee a !erson who can a/ord im!nit%? @(
Is a secretar a !erson who can a/ord im!nit%? @(
Is a mistress a !erson who can a/ord im!nit%? @(
3asis 'or a&&ra"ation* means and wa%s of committin$ the crime
(ARA1RA(& D
&ow man%? ?
;.@ Aid of armed men
?.@ Aid of !ersons who a/ord im!nit%
Classifcationa 5alif%in$
Le$al e/ect?
Re5irements:
;.@ 3oo8 !art
?.@ A"ailed or relied
Armed men distin$ished from band:
? B
+irect or indirect directl% too8 !art
What 8ind of aid is contem!lated?
Moral or !s%cholo$ical will sLce9 material
A and B friends decided to 8ill Amrao. B friends all armed otside the $ate. A
armed with licensed re"ol"er. B friends will onl% hel! !on si$nal. A$$ra"atin$? 0es.
Casal !resence of armed men alread% a$$ra"atin$? No
(olice ma6or celebratin$ bda%. In"ited sbordinates with ser"ice frearms. A $est
stabbed another $est No
Im!nit%
NO!" #$%
Qalif%in$
Le$al e/ect?
e.$. frst $entleman a!!rochaed to !rotect %o after 8illin$ somebod% 0es
Chieftain of A227N(A =notorios@. A$$ra"atin$? 0es. Im!nit% for Criminal
(rosection. Assrance that there will be no com!lainant and witnesses 0es. not
re5ired to be le$al sorce.
Mistress of ma%or to a/ord im!nit% %es
Articl 14%D( 8 Rci#i"ism
Rci#i"ist one who, at the time of his trial for one crime, shall ha"e been
!re"iosl% con"icted b% fnal 6d$ment of another crime embraced in the same
title of the R(C
R)uisits*
1. that the o/ender is on trial for an o/ense
2. that he was !re"iosl% con"icted b fnal -ud!ment of another crime
3. that both the frst and the second o/ense are embraced in the same title of the
R(C
4. that the o/ender is con"icted of the new o/ense
$upposin!, the frst o/ense was acts of lasci"iosness in ;AD<, then the second
o/ense in ?<<> was attem!ted ra!e, can the a$$ra"atin$ circmstance of
recidi"ism be a!!reciated? @(, becase acts of lasci"iosness and attem!ted
ra!e are not embraced in the same title of the R(C9 acts of lasci"iosness7crimes
a$ainst chastit%9 attem!ted ra!e7crimes a$ainst !ersons
$upposin! the frst o/ense in ;AD< was attem!ted ra!e, then the second o/ense
in ?<<> was acts of lasci"iosness, can the a$$ra"atin$ circmstance of
recidi"ism be a!!reciated? 12% becase attem!ted ra!e then in ;AD< was
embraced nder crimes a$ainst chastit%, hence both crimes are embraced in the
same title of the R(C
Pardon does not obliterate the fact that the accsed was a recidi"ist
3he time or period between the two o*enses is immaterial
3asis 'or a&&ra"ation* inclination to crimes
- Qalif%in$
- Le$al e/ect
NO!" #$%
- +eliberate intent mst ta8e ad"anta$e of the calamit%
Incom!atible with ne$li$ence
ConXa$ration
Retrie"in$ %or !ro!ert%. Accidentall% met %or mortal enem%. #tabbed him. Not
a$$ra"atin$
Incom!atible with: !-o, s!r of the moment, s!
ConXa$ration 7 A stran$er too8 %or !ro!erties, what is the crime. Qalifed theft.
Recidi"ist defne
4iolation of s!ecial !enal laws 7 No, mst be in the R(C
#im!le theft con"ict !endin$ a!!eal
4iolation of anti fencin$ law No
Qalifed theft !endin$ a!!eal
Accom!lice in attem!ted robber% no, fnal 6d$ment
2efore DHNH attem!ted ra!e ser"ed sentence
#li$ht !h%sical in6ries N)7 not embraced
(blic interest in the same title of R(C
Galsifcation of commercial docments
*stafa
- (o!ert%
;AE<7?<;<: not embraced in the same title.
Articl 14%1;( 8 Ritracion or <abitualit!
7 that the o/ender has been !re"iosl% !nished for an o/ense to which the law
attaches an e5al or $reater !enalt% or for two or more crimes to which it attaches
a li$hter !enalt%
R)uisits*
1. that the accsed is on trial for an o/ense
NO!" #$%
2. that he !re"iosl% ser"ed sentence for another o/ense to which the law attaches
an e5al or $reater !enalt% or for ? or more crimes to which it attaches a li$hter
!enalt% than that for the new o/ense
3. that he is con"icted of the new o/ense
,i6rnc bt5n Rci#i"ism an# Ritracion
R-CI,IKI/M R-I1-RACION
7 its eno$h that a fnal 6d$ment 7 its necessar% that the o/ender shall
has been rendered for the ;
st
o/ense ha"e ser"ed ot his sentence for
the ;
st
o/ense
7 re5ires that both o/enses be 7 ;
st
and ?
nd
o/ense mst not be
embraced in the same title of the R(C embraced in same title of the R(C
7 alwa%s ta8en into consideration in 7 not alwa%s an a$$ra"atin$
terms of the !enalt% to be im!osed circmstance
7 !re"ios crimes mst be of e5al
or $reater in !enalt% =at least one@
or at least two li$hter !enalties
If the 2
nd
crime is an o8ense or crime punishable under a special law, it
cannot be considered nder reiteracion becase #rticles 13, 14, 15 of the 8%C
are not applicable to special law crimes, a!!licable onl% to crimes defned nder
the Re"ised (enal Code.
$upposin!, the ;
st
o/ense is ille$al !ossession of frearms =a s!ecial law crime@,
!nishable b% reclsion tem!oral, while the ?
nd
o/ense is less serios !h%sical
in6ries, can the a$$ra"atin$ circmstance of reiteracion be a!!reciated? 12%, if
the o*ender was pre'iously punished for a special law crime or an o*ense, the
nature of the crime is immaterial7 the emphasis is on the punishment or penalty
0our 0orms o' Rptition
1. Recidi"ism 3. &abital +elin5enc%-Mlti7recidi"ism
2. Reiteracion or &abitalit% 4. Qasi7recidi"ism
NO!" #$%
<abitual ,lin)unc! when a !erson within a !eriod of ;< %ears from the date
of release or last con"iction of the crimes of serios or less serios !h%sical
in6ries, robber%, theft, estafa, or falsifcation, fond $ilt% for a H
rd
time or oftener.
A habital delin5ent shall s/er an additional !enalt%
LuasiArci#i"ism an% !erson who shall commit a felon% after ha"in$ been
con"icted b% fnal 6d$ment before be$innin$ to ser"e sch sentence or while
ser"in$ the same, shall be !nished b% the ma:imm !eriod of the !enalt%
!rescribed b% law for the new !enalt%.
3asis 'or a&&ra"ation* inclination to crimes
Reiteraciion and recidi"ism distin$ish
Mrder !ardon. A$$ra"atin$? 0es. (ardon does not obliterate.
Attem!ted homicide > %ears !robation
Grstrated mrder No.
#erios !h%sical in6ries B %ears, !obation
Less serios no
Classifcation $eneric
Le$al e/ect?
Attem!ted homicide not alle$ed bt !ro"ed drin$ trial a!!reciate habitalit%?
0es, $eneric if withot ob6ection
- +istin$ish from habital delin5enc% natre of o/ense ;< %ears re5ired
- &abitalit% $eneric
- 2oth mst be alle$ed in the information
Articl 14%11( 8 $ric, R5ar# or $romis
A a Eualifin! a$$ra"atin$ circmstance U cannot be o/set b% a miti$atin$9
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
3he price, reward or promise must be the sole motivatin! factor for committin$
the crime9 mst be for the !r!ose of indcin$ another to !erform a deed
NO!" #$%
3here should be two or more o*enders: the one who o*ers, the one who accepts
it
Criminal $articipation* the one who o*ers is a principal b inducement, the
one who accepts is a principal b direct participation
It is not necessar% that the !rinci!al b% direct !artici!ation recei"e the reward or
!romise9 what is im!ortant is that the reward or !romise was the sole moti"atin$
factor otherwise the crime wold not ha"e been committed
$upposin!, the one who commits the crime 8nows of the reward or !romise
alread%, can the a$$ra"atin$ circmstance of !rice, reward or !romise be
a!!reciated? @(, becase there was no moti"ation alread%
3asis 'or a&&ra"ation* $reater !er"ersit% by the moti'atin! power itself
(rice, reward or !romise
- At least ? or more o/enders
- Mst be the sole miti$atin$ !ower withot which there wold be no crime
- Qalif%inf le$al e/ects
1i"in$ reward !rinci!al b% indcement
Acce!tor direct !artici!ation
Necessar% that accsed actall% recei"ed? N)
0o a!!roached a $n7for7hire. (aid N<8 to 8ill Amrao. 1n for hire was his former
stdent willin$ to 8ill Amrao withot !rice. A$$ra"atin$? No.
Articl 14%12( 8 3! mans o' inun#ation, Gr, tc.
7 that the crime be committed b% means of inndation, fre, !oison, e:!losion,
strandin$, of a "essel or intentional dama$e thereto, derailment of a locomoti"e, or
b% the se of an% other artifce in"ol"in$ $reat waste and rin
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
3here are instances when these circmstances are inherent in the crime, ths
cannot be appreciated as a$$ra"atin$ circmstances:
1. Ib% means of freJ7 inherent in arson
2. Ib% means of derailment of locomoti"eJ inherent in dama$e to means of
commnication
3. Ib% means of e:!losionJ7 withot intent to 8ill, inherent in destrction to !ro!ert%
NO!" #$%
,i6rnc o' $ar.C an# $ar.12
(ar.E U on occasion of calamit% or misfortne9 not within o/enderOs control
(ar.;? U the acts of $reat waste and rin are used by the o*ender as means
3asis 'or a&&ra"ation: means and ways em!lo%ed
Articl 14%13( 8 -"i#nt $rm#itation
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
carelessness
7 not applicable to cases attendant of !assion or obfscation or those with
sLcient !ro"ocation
-"i#nt $rm#itation the essence of sch is that the e:ection of the
criminal act mst be !receded b% cool tho$ht and reXection !on the resoltion
to carr% ot the criminal intent drin$ the s!ace of time sLcient to arri"e at a
calm 6d$ment
R)uisits*
1. the time when the o8ender determined to commit the crime
2. an act manifestl% indicatin$ that the cl!rit has clun! to his determination9
thro$h an o"ert act
3. the date L time when the crime was committed =to com!te la!se of time@
4. a suCcient lapse of time between the determination and e5ecution, to
allow him to reXect !on the conse5ences of his act and to allow his conscience
to o"ercome the resoltion of his will
Is the a$$ra"atin$ circmstance of *"ident (remeditation com!atible with the
miti$atin$ circmstance Immediate 4indication of a Relati"e for a 1ra"e )/ense?
12%, the miti$atin$ circmstance and a$$ra"atin$ circmstance can be
a!!reciated.
Can e"ident !remeditation be !resent in error in personae? N)
NO!" #$%
Can e"ident !remeditation be !resent in aberratio ictus? N)
$upposin!, %o intended to 8ill (rof. Amrao, thin8in$ it was him, %o shot at the
!erson, who trned ot to be +ean Cara, can the a$$ra"atin$ circmstance of
e"ident !remeditation be a!!reciated? @(, becase there shold be deliberate
intent to 8ill +ean Cara
=nral rul* In aberratio icts, e"ident !remeditation is N)3 a!!licable
-.cption* if there was a $eneral !lan to 8ill an%one9 if o/enders intended to 8ill
an%one
3asis 'or a&&ra"ation* reference to the wa%s of committin$ the crime becase
e"ident !remeditation im!lies deliberate !lannin$ of the act before e:ectin$ it
*lements: B
Classifcation 5alif%in$
Le$al e/ects?
Incom!atible with ne$li$ence, s!r of the moment, accidental meetin$, !-o, s!
4indication of $ra"e o/ense? 0es
*rror in !ersonae
7$eneral rle: No
*:ce!t: if there is a $eneral !lan
Accsed has a s!ecifc "ictim bt willin$ to 8ill a !erson who interfered. 0es
Abberatio icts: No
Articl 14%14( 8 Cra't, 0rau#, ,is&uis
7 that =;@ craft, =?@ frad, =H@ dis$ise be em!lo%ed
7 this !ara$ra!h contem!lates 1<R-- a$$ra"atin$ circmstances
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
Cra't in"ol"es intellectual tric4ery and cunnin! on the !art of accsed
$upposin!, the accsed pretended to be a customer, then he robbed the
!lace, can the a$$ra"atin$ circmstance of craft be a!!reciated? 12%
$upposin! the accsed pretended to be a person in authorit, for e:am!le
!osin$ as Meralco oLcials, then the% commit a crime, can the a$$ra"atin$
circmstance of craft be a!!reciated? 12%
NO!" #$%
CRIMINAL LAW Page 1,, of 149
0rau# insidious words or machinations sed to indce the "ictim
/raudulent machinations and !ra'e abuse of authority will be absorbed in the
crime of rap
Grad is inherent in the crime of estafa
,is&uis resortin$ to an% de'ice to conceal identity
"+amples:
7 wearin$ a mas8 7 se of an assmed name
7 wearin$ a niform of a !olice oLcer
Q: Craft defnition
It is Qalif%in$7le$al e/ects
*:am!le: A, 2, C in order to 8ill +, told the latter the% are $oin$ on cam!in$, 8illed +
in the forest
Grad
Qalif%in$7 le$al e/ects
*stafa7le$al e/ect of frad
It is inherent in the commission of estafa inherent in Art. ?;H
+is$ise
When is there dis$ise?
Qalif%in$7le$al e/ect
*:am!le: #e"eral members of 2onnet 1an$ committed robber% in the hi$hwa%
3asis o' a&&ra"ation* means em!lo%ed
Articl 14%15( 8 Abus o' /uprior /trn&thHMans to Wa+n ,'ns
7 that =;@ ad"anta$e be ta8en of s!erior stren$th or =?@ means be em!lo%ed to
wea8en the defense
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
7 there shold be deliberate intent to ta8e ad"anta$e of s!erior stren$th
Abus o' /uprior /trn&th de!ends on the a!e, si?e, and stren!th of the
!arties9 it is considered whene"er there is notorios ineEualit of forces between
the "ictim and the a$$ressor, assessin$ a s!eriorit% of stren$th notoriosl%
NO!" #$%
CRIMINAL LAW Page 1,1 of 149
ad"anta$eos for the a$$ressor which is selected or ta8en ad"anta$e of b% him in
the commission of the crime
If the "ictim was alternatel attac"ed, there is @( abse of s!erior stren$th
Mans to Wa+n th ,'ns
$upposin!, the o8ender into5icated the victim to materiall wea"en her,
can the a$$ra"atin$ circmstance of means to wea8en defense be a!!reciated?
12%

Articl 14%1>( 8 1rachr! %Al"osia(
7 a specifc a$$ra"atin$ circmstance: onl% a!!licable to crimes a!ainst
persons9 can treacher% be a!!reciated in ra!e? 12%
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
meetin$s, chance enconters, or s!rs of the moment, or on7the7s!ot decisions to
commit the crime
carelessness
7 not applicable to cases attendant of !assion or obfscation or those with
sLcient !ro"ocation
3reacher%
When is there treacher%
Qalif%in$ and s!ecifc7 crimes a$ainst !erson
Qalif%in$7chan$e the natre of the crime
Incom!atible with ne$li$ence, sLcient !ro"ocation, !assion or obfscation
Can co7e:ist with "olntar% confession of $ilt? 0es. With "olntar% srrender? 0es.
3he% are not inconsistent withT
2,3 I# I3 #3ILL ACC,RA3* 3&A3 3&I# Q,ALIG0IN1 A11RA4A3IN1 CIRC,M#3ANC*
CANN)3 2* )GG#*3 20 AN0 MI3I1A3IN1 CIRC? 0es. +i/erent fnctions. )ne is to
chan$e the natre of the felon%. =A11@ )ther is to redce !enalt% b% one !eriod
after the o/ense is 5alifed =MI3@
+oes a !ri"ile$ed mit. Circ. )/set a 5alif%in$ a$$ra"atin$? N).
NO!" #$%
CRIMINAL LAW Page 1,+ of 149
7Gnction of 5alif%in$ a$$. Circ. Is to chan$e the natre of the o/ense for which the
accsed stands to be !rosected.
7Role of !ri"ile$e miti$atin$ circ. Is to redce the !enalt% b% one or two de$rees as
the case ma% be from the !ro!er !enalt% im!osed on the o/ense as 5alifed.
Can co7e:ist with "indication for a $ra"e o/ense? 0es.
Sill nei$hbor
W-o treacher%7 &omicide =reclsion tem!oral@
w- treacher%7 Mrder =reclsion !er!eta to death@
with ; mit circ. =R( in medim, R( in minimm@
with ; !ri". mit circ. R3 =one de$ree lower from R3@
3reacher% can be a!!reciated in RA(*? 0es, crime a$ainst !ersons.
In a !rosection for ra!e, b% treacher% and abse of s!erior stren$th or craft,
frad, dis$ise7 absorbed in treacher%
In !rosection for M,R+*R 5alifed b% treacher% and e"ident !remeditation. Can
*( be a!!reciated so as to increase !enalt% in ma:imm? N). absorbed in
treacher%.
#ame with inndation, fre, !oison, e:!losion, !rice, reward or !romise.
Aid of armed men, !ersons who a/ord im!nit%, ni$httime, calamities or
misfortne.
ALL Q,ALIG0IN1 A11RA4A3IN1 CIRC. *nmerated in (eo!le "s. (ala$anas can be
absorbed b% treacher%.
#!!osin$ %o 8illed %or nei$hbor with e"ident !remeditation and em!lo%ed
means to wea8en defense and sed dis$ise and too8 ad"anta$e of dee! Xood.
&ow man% 5alif%in$? B
Assmin$ there was treacher%, how man%? N
Is it necessar% for the cort to consider all N to chan$e the natre of the felon%? No.
3reacher% will sLce.
Now, what will ha!!en to the other B a$$ra"atin$ circ? +eemed absorbed in
treacher%. 3he% can no lon$er be a!!reciated to im!ose !enalt% in the ma:imm.
3*#3# in 3R*AC&*R0.
;. Is the attac8 sdden and ne:!ected?
NO!" #$%
?. Was the "ictim $i"en an o!!ortnit% for defense?
H. Was the means em!lo%ed deliberate and consciosl% ado!ted? =H
rd
test is the
most im!ortant.@
Incom!atible with casal enconter7 e"en if ; and ? were !resent, if H is lac8in$,
there is no treacher%.
Incom!atible with accidental meetin$7 s!r of the moment.
Incom!atibel if 8illin$ was !receded b% a heated ar$ment. =!lace the "ictim on
$ard to be !re!ared for an% attac8@
*nterin$ car!ar8, "acant lot
Another "ehicle hrr%in$ towards the slot. 0o $ot in frst. 3here was a heated
ar$ment. &e warned %o, 2abali8an 8ita. After two mintes shot %o. Was there
treacher%? None.
If 8illin$ was !receded b% threat, treacher%? No.
Lac8in$ 5estion no. ?.
When attac8 consists of ? or more sta$es
A$$ression is interr!ted7 fatal blow7there was treacher%
Continin$7treacher% mst be !resent at the ince!tion
*:am!le of _; =see $reen noteboo8@
A saw his enem% 2
w-o an% warnin$ from behind, inXicted stab wonds.
2 was able to a"oid. )!en f$ht followed, 2 Xed.
A immediatelt behind, stabbed 2. 2 died. Was there treacher%? None. 3reacher% was
not consciosl% ado!ted at the ince!tion and the a$$ression bein$ continin$.
*:am!le of _?. (eo!le ". Canete, ,# "s. 2al%ot
A sa 2 in a bar. A challen$ed his enem% 2 in a f$ht. 3he% fo$ht inside the bar. A hit
2 in the bac8 b% !i!e, 2 died. What crime? &omicide onl%. Chance enconter, not
treacher%.
Accsed fond to be into:icated nder inXence of dr$s? M,R+*R. InXence of
ille$al dr$s 5alifes crime from homicide to mrder. =RA A;>N Com!rehensi"e
+an$eros +r$s Act of ?<<?@
NO!" #$%
#!!osin$ "ictim warned not to enter a certain area while wal8in$ alon$ the road,
somebod% stabbed him from behind, treacher%? 0*#. 1eneral warnin$ is not eno$h
to remo"e treacher%.
Is the a$$ra"atin$ circmstance of 3reacher% com!atible with the miti$atin$
circmstance Immediate 4indication of a Relati"e for a 1ra"e )/ense? 12%,
becase there was intent to ta8e re"en$e
Ruls r&ar#in& 1rachr!
1. a!!licable onl% to crimes a!ainst persons
2. means, methods, or forms need not insre accom!lishment of crime9 onl to
insure e5ecution
3. the mode of attac8 mst be consciousl adopted
R)uisits
1. 3hat at the time of the attac8, the victim was not in a position to defend
himself
2. 3hat the o/ender consciousl adopted the particular means, method or
form of attac" em!lo%ed b% him
What is important to #trmin ar th 'ollo5in&*
7 the "ictimOs abilit to defend himself
7 the mode of attac8 was consciousl adopted
Important )ustions to ans5r*
1. Was the attac4 sudden and une+pected?
2. +id the o/ended ha"e any opportunity to defend himself?
3. Was the mode the attac4 deliberately or consciously adopted b% the accsed to
insre e:ection withot ris8 to the o/ender?
If the answer to all these 5estions is 12%9 then treacher is present
/ummar! o' th ruls*
1. When the a$$ression is a sin!le and continuous act, it mst be present ri!ht
at the inception or !resent in the be$innin$ of the assalt
NO!" #$%
CRIMINAL LAW Page 1,: of 149
2. When the assalt is not continuous, or the attac" is divisible into two or
more sta!es, or interrupted, it is sLcient that treacher was present at
the time of the mortal blow was inficted.
$upposin!, there was a heated ar!ument between the o/ender and the
o/ended before the% attac8ed each other, can the a$$ra"atin$ circmstance of
treacher% be a!!reciated? @(, either or both !arties shold ha"e been !re!ared
$upposin!, there was a warnin! from the o/ender, then after a few minutes
he attac"ed the "ictim, can the a$$ra"atin$ circmstance of treacher% be
a!!reciated? @(, becase there was a chance to defend himself and !ose a
ris8 to the o/ender
$upposin!, %or enem% was sleepin!, %o ta!!ed him, then %o shot him as
soon as he awa"ened, can the a$$ra"atin$ circmstance of treacher% be
a!!reciated? 12%
$upposin!, the victimDs hands and feet were tied, then mortal wounds
were inficted on the "ictim, can the a$$ra"atin$ circmstance of treacher% be
a!!reciated? 12%
$upposin!, the o/ender buried half of the victimDs bod, then he hac"ed the
victim to death, can the a$$ra"atin$ circmstance of treacher% be a!!reciated?
12%
$upposin!, the accsed shot the "ictim who was tied to a coconut tree, can the
a$$ra"atin$ circmstance of treacher% be a!!reciated? 12%
$upposin!, there was a dispute over a par"in! space, then the accsed shot
the "ictim, can the a$$ra"atin$ circmstance of treacher% be a!!reciated? @(
$upposin!, the "ictim su8ered frontal mortal wounds, immediatel%, can the
a$$ra"atin$ circmstance of treacher% not be a!!reciated? @(, becase ha"in$
frontal wonds is @(9 conclsi"e that there was no treacher%
$upposin!, the "ictim su8ered mortal wounds at the bac", immediatel%, can
the a$$ra"atin$ circmstance of treacher% be a!!reciated? @(
Not* 3he location of the wounds does not $i"e rise to the !resm!tion of the
!resence of treacher%
$upposin!, the victim hid behind a drum where he cold not be seen b% the
o/ender, the o/ender, 8nowin$ that the "ictim was hidin$ behind the drm shot
at the drm9 the bullet penetrated the drum and hit the victim which
caused his death, can the a$$ra"atin$ circmstance of treacher% be
a!!reciated? 12%, becase the victim was not in a position to defend
himself
$upposin!, there was an a$reement to f$ht
NO!" #$%
CRIMINAL LAW Page 1,; of 149
9reacher cannot be presumed9 mst be !ro"ed b% clear and convincin!
evidence
In treacher%, it is not necessar that the !erson intended to be 8illed was not
the one actall% 8illed
Accordin$ to (rof. Amrao, treacher% is a !olitician and a Ibwa%aJ, becase it
ta8es e"er%thin$9 becase treacher absorbs all other a!!ravatin!
circumstances
3asis 'or a&&ra"ation* means and ways em!lo%ed
A##itional nots 'rom $ro'. Amurao*
7 If the o/ender was under the infuence of dru!s in the crime of mrder or
homicide, this can be considered a 5alif%in$ a$$ra"atin$ circmstance, e"en in
the absence of treacher% =!rsant to RA A;>N@
7 the use of an unlicensed frearm U a s!ecial a$$ra"atin$ circmstance for the
crime of mrder or homicide9 before it was se!aratel% !rosected, bt now
nlawfl !ossession is onl% a s!ecial a$$ra"atin$ circmstance that can increase
the !enalt% to the ma:imm9 no se!arate !rosection
Articl 14%1C( 8 I&nomin!
7 that means be em!lo%ed or circmstances bro$ht abot which add i$nomin% to
the natral e/ects of the act
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
I&nomin! a circmstance !ertainin$ to the moral order which adds dis$race and
oblo5% to the material in6r% cased b% the crime
A!!licable to crimes a$ainst chastit%, less serios !h%sical in6ries, li$ht or $ra"e
coercion and mrder
-6ct o' i&nomin!: the crime becomes more hmiliatin$ or to !t the o/ended
!art% to shame
$upposin!, a woman was raped in the presence of her husband and
children, can the a$$ra"atin$ circmstance of i$nomin% be a!!reciated? 12%
$upposin!, a woman was raped while co!on !rass was wrapped around the
penis of the o8ender, can the a$$ra"atin$ circmstance of i$nomin% be
a!!reciated? (rof. Amrao thin8s that this scenario falls nder the a$$ra"atin$
circmstance of cruelt
NO!" #$%
CRIMINAL LAW Page 1,- of 149
3asis 'or a&&ra"ation* means em!lo%ed
I1N)MIN0
Art, ;D and ;A7 (+ NH?, accom!lices in (+ NH?
Art. ;A accessories7 Anti7fencin$ law (+ ;D?A =)bstrction of Cstice@
Art. ?A (re"enti"e Im! and creditin$
4ictim all wonds frontal
3reacher% cannot be a!!reciated? No. Mere !resence of frontal wond is not
conclsi"e that no treacher% was em!lo%ed neither will !resence of bac8 wonds be
conclsi"e that treacher% was !resent.
Absent an% !roof as to how wond was inXicted.
4ictim has 6st awa8en, still drows% when attac8ed. 3reacher%? 0es.
Qestion &or: Amrao #!ea8in$.
When there are ? 5alif%in$, one will sLce to chan$e the natre of the crime.
What will ha!!en to the other 5alif%in$? 3he other will be considered as $eneric
a$$ra"atin$ circmstance7 !enalt% to the ma:imm. =*:ce!t treacher%, becase
treacher% will absorb them@
N.2. )ther 5alif%in$ circ. Not in art ?BD =mrder@ e.$. craft, frad, or dis$ise. 3he%
are means of treacher%, absorbed in treacher% in Art. ?BD.@
Articl 14%1E( 8 Fnla5'ul -ntr!
7 that the crime be committed after an nlawfl entr%
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
Fnla5'ul -ntr! an entrance is e/ected b% a wa% not intended for
$urpos to e/ect entrance not for esca!e
$upposin!, the window was used to !ain entr into the house, can the
a$$ra"atin$ circmstance of nlawfl entr% be a!!reciated? 12%
$upposin!, the owners of the hose commonl% use the window as their
ordinar means to enter the house, then the accsed entered the door, can
the a$$ra"atin$ circmstance of nlawfl entr% be a!!reciated? 12%
NO!" #$%
CRIMINAL LAW Page 1,< of 149
,nlawfl entr% is inherent =ths cannot be a!!reciated as an a$$ra"atin$
circmstance@ in the followin$ crimes:
7 robber% with force !on thin$s
7 "iolation of domicile =committed b% !blic !ersons@
7 tres!ass to dwellin$ =committed b% !ri"ate indi"idals@
Articl 14%1D( 8 3ra+in& Wall
7 that as a means to the commission of a crime, a wall, roof, Xoor, door or window
be bro8en
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
3o e/ect entrance onl%
#hold be as a means to commit to crime
$upposin!, the accsed intended to "ill his ne5tBdoor nei!hbor b brea"in!
the wall se!aratin$ them, then he shot the nei!hbor, can the a$$ra"atin$
circmstance of brea8in$ wall be a!!reciated? 12%
2rea8in$ wall is inherent in robber% with force !on thin$s
Articl 14%2;( 8 Ai# o' Minor or b! Mans o' Motor Khicls
7 that the crimes be committed =;@ with the aid of !ersons nder ;N %ears of a$e or
=?@ b% means of motor "ehicles, airshi!s or other similar means
Ai# o' Minor
circmstance
7 in"ol"es the ta8in$ ad"anta$e of the childOs immatrit% or innocence
Fs o' Motor Khicls
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
NO!" #$%
7 the o/ender shold deliberatel see" for the use of the "ehicle
7 the se of the motor "ehicle must be the means sed to commit the crime
7 shold facilitate the commission of the crime
$upposin!, the accsed robbed a house then found a car in front of the
house which he sed for his esca!e, can the a$$ra"atin$ circmstance of se of
motor "ehicle be a!!reciated? @(, becase the crime was alread% accom!lished
$upposin!, the accsed robbed the passen!ers in a bus, can the a$$ra"atin$
circmstance of se of motor "ehicle be a!!reciated? 12%, e"en if it is a !blic
"ehicle, the circmstance can be a!!reciated
$upposin!, a ta5icab was hired, then an ar!ument ensued inside where
the accused "illed the victim, can the a$$ra"atin$ circmstance of se of
motor "ehicle be a!!reciated? @(, becase the motor "ehicle was 6st incidental
to the crime
Are motori?ed bi"es considered? 12%
What if it is a motoriFed bi8e bt the motor is not used? 12%
Are roadBrollers or ;pison< considered? @(, becase it is not motoriFed as
contem!lated b% the L3)
,se of motor "ehicles is inherent in the crime of carna!!in$
Articl 14%21( 8 Crult!
7 that the wron$ done in the commission of the crime be deliberatel% a$mented b%
casin$ other wron$ not necessar% for its commission
C=&@K2% 9=2 @&9$R2 (6 9=2 CR0,2
Crult! when the cl!rit en-os and deli!hts in ma8in$ his "ictim s/er slowl%
and $radall%, casin$ the "ictim nnecessar% !h%sical !ain in the consmmation
of the criminal act
R)uisits*
1. 3hat the in6r% cased be deliberatel% increased b% casin$ another wron$
2. 3hat the other wron$ be nnecessar% for the e:ection of the !r!ose of the
o/ender
Is there crelt% when it is done a$ainst a dead bod? @(, becase it did not
!rolon$ !ain since the !erson was alread% dead
Is there crelt% when it is done a$ainst an unconscious person? 12%
NO!" #$%
$upposin!, a dead !erson was fond with 12I stab wounds, can the
a$$ra"atin$ circmstance of se of motor "ehicle be a!!reciated? @(, becase
the nmber of wonds is immaterial with crelt%
I&nomin! moral s/erin$
Crult! !h%sical s/erin$ !rolon$ed
Crelt% cannot be presumed
3asis 'or a&&ra"ation: ways em!lo%ed
&rticle 1I
7 those which mst be ta8en into consideration as a$$ra"atin$ or miti$atin$
accordin$ to the natre and e/ects of the crime and the other conditions attendin$
its commission
1h 'ollo5in& ar altrnati" circumstancs*
1. Relationshi!
2. Into:ication
3. +e$ree of Instrction and *dcation of the )/ender
Articl 15%1( 8 Rlationship
7 considered when the o/ended !art% is the:
a. s!ose
b. ascendant
c. descendant
d. le$itimate, natral, ado!ted siblin$
e. relati"e b% aLnit%
G. $upposin!, a stepdau!hter was raped b her stepfather, can the alternati"e
circmstance of relationshi! be a!!reciated? 12%
Relationshi! is miti!atin! in crimes a!ainst propert .R$6&/:
1. robber% 3. fradlent insol"enc%
2. sr!ation 4. arson
Relationshi! is e5emptin! in crimes of theft, swindlin!, or malicious
mischief if the o8ender and o8ended live to!ether
NO!" #$%
Relationshi! is a!!ravatin! in crimes a!ainst persons when the o8ended is
a relative of hi!her de!ree than the o8ender or when the o8ender and
o8ended are parties of the same level
If the o/ended is a relative of lower de!ree, in the crime of less serious and
sli!ht phsical in-uries, relationship is miti!atin!
If the o/ended is a rlati" o' hi&hr #&r, in the same crimes, rlationship
is a&&ra"atin&
When the crime is homicide or murder, which reslted to the death of the
"ictim, relationship is a!!ravatin!, re!ardless of de!ree.
In crimes a!ainst chastit, relationshi! is &+3&1% a!!ravatin!
Articl 15%2( A Into.ication
a. miti!atin! when:
7 the drin8in$ is not habitual9 or accidental
7 if the into:ication is not subseEuent to the plan to commit a crime
8eason for miti!ation: e:ercise of will !ower is im!aired
b. a!!ravatin! when:
7 if habitual
7 if into:ication is intentional =fll% 8nowin$ its e/ects as a stimlant@ or
subseEuent to the plan to commit the crime
8eason for a!!ra'ation: bolstered cora$e to commit the crime =intentional@9
lessens resistance to e"il tho$hts =habital@
Articl 15%3( 8 Instruction or -#ucation
7 what is measred is the de!ree of intelli!ence not the formal education
Low de$ree of instrction-Lac8 of edcation miti!atin!
&i$h de$ree of instrction9 o/ender a"ails of intelli$ence 7 a!!ravatin!
$upposin!, the crime was done not in a civili?ed societ, can the alternati"e
circmstance of low de!ree of instruction as a miti!atin! circumstance 12%, it is a
miti!atin! circmstance
$upposin!, the accsed "illed a person, can the alternati"e circmstance of low
de!ree of instruction as a miti!atin! circumstance be a!!reciated? @(, becase
"illin! is inherentl wron!
$upposin!, the accsed committed the crime of treason, can the alternati"e
circmstance of low de!ree of instruction as a miti!atin! circumstance be
NO!" #$%
a!!reciated? @(, becase lo"e for contr% is a natral feelin$ that re5ires no
de$ree of instrction
$upposin!, accsed committed crimes a!ainst chastit, can the alternati"e
a!!reciated? @(
$upposin!, accsed committed crimes a!ainst chastit, can the alternati"e
a!!reciated? @(
$upposin!, accsed committed the crime of murder, can the alternati"e
a!!reciated? @(
$upposin!, a lawer committed the crime of estafa, can the alternati"e
circmstance of hi!h de!ree of instruction as an a!!ra'atin! circumstance be
a!!reciated? 12%
$upposin!, a doctor prepared a special poison to "ill the victim, can the
alternati"e circmstance of hi!h de!ree of instruction as an a!!ra'atin!
circumstance be a!!reciated? 12%
&rticle 1H
AR1ICL- 1> 8 W<O AR- CRIMINALL2 LIA3L-
7the followin$ are criminall liable for !rave and less !rave o8enses7
1. (rinci!als
2. Accom!lices
H. Accessories
7 the followin$ are criminall liable for li!ht felonies7
1. (rinci!als 2. Accom!lices
#ccessories are not liable for li!ht felonies becase the social wron$ is so
small
Ruls on li&ht 'lonis
1. !nishable onl% when consmmated
2. when committed a$ainst !ersons or !ro!ert% and !nishable in the attem!ted or
frstrated
3. onl% !rinci!als and accom!lices are liable
4. accessories are not liable e"en in crimes a$ainst !ersons or !ro!ert%
(nl natural persons can be active sub-ects of a crime contem!lated nder
Article ;> of the R(C
Rasons*
NO!" #$%
1. ,nder the Re"ised (enal Code, !ersons act with !ersonal malice or ne$li$ence9
artifcial-6dicial !ersons canOt act with malice or ne$li$ence
2. A 6ridical !erson li8e a cor!oration canOt commit a crime that re5ires willfl
!r!ose or malicios intent
3. 3here is sbstittion of de!ri"ation of libert% for !ecniar% !enalties in insol"enc%
cases
4. )ther !enalties li8e destierro and im!risonment U e:ected on indi"idals onl%
&rticle 17
AR1ICL- 1C 8 $RINCI$AL/
7 the followin$ are considered !rinci!als:
1. those who ta8e a direct !art in the e:ection of the act
,3y Lirect %articipation)
2. those who directl% force or indce others to commit it ,3y Inducement)
3. those who coo!erate in the commission of the o/ense b% another act withot
which it wold not ha"e been accom!lished
,3y Indispensable Cooperation)
Articl 1C%1( 8 $rincipals b! ,irct $articipation %$,$(
7 8eAuisites:
;. the% !artici!ated in the criminal resoltion
?. the% carried ot their !lan and !ersonall% too8 !art in its e:ection b% acts which
directl% tended to the same end
In mlti!le ra!e, all the ra!ists are e5all% liable, re$ardless of de$ree of
!artici!ation
Withot the ?
nd
re5isite, there is onl conspirac U ths there is no criminal
liabilit
Articl 1C%2( 8 $rincipals b! In#ucmnt %$I(
%rincipals by Inducement are (@+1 liable when the %rincipal by Lirect
%articipation committed the act indced
9wo was of becomin$ !rinci!al b% indction
1. b% directl% forcin$ another to commit a crime
2. b% directl% indcin$ another to commit a crime
NO!" #$%
* directl forcin! another to commit a crime =no cons!irac% in"ol"ed@
1. b% sin$ irresistible force
2. b% casin$ uncontrollable fear
* directl inducin! another to commit a crime
1. b% !i'in! price or o*erin! reward or !romise U collecti"e criminal res!onsibilit%
2. b% sin$ words of command
R)uisits 'or th $rincipal b! In#ucmnt
1. that the inducement be made directl with the intention of !rocrin$ the
commission of the crime
2. that sch inducement be the determinin! cause of the commission of the
crime
In#ucmnt ma% be b% acts of command, ad"ice, or thro$h inXence or
a$reement for consideration9 the words of ad"ice or inXence mst actall% mo"e
the hands of the !rinci!al b% direct !artici!ation
3he inducement must be the determinin! cause for the commission of the
crime b% the !rinci!al b% direct !artici!ation, that is withot sch indcement the
crime wold not ha"e been committed
3he inducement must precede the act and mst be so inXential
If there is a !rice or reward in"ol"ed, w:o prior promise U no inducement
* usin! words of command
7 the words mst be the mo'in! cause of the o/ense
1. that the one tterin$ the words of command must ha'e the intention of
procurin! the commission of the crime
2. that the one who made the command must ha'e an ascendancy or inXence
o"er the !erson who acted
3. that the words sed mst be so direct, so e)cacious, so !owerfl as to amont
to !h%sical or moral coercion
-7cacious it wold seem or it was frnished that the material e:ector or
principal by direct participation had reason to belie'e or was made to belie'e that
the deceased did somethin! wron!
4. the words of command must be uttered prior to the commission of the crime9
when the words were uttered after the commencement of the crime U no
inducement
5. the material e+ecutor has no personal reason to commit the crime
,i6rnc bt. $rincipal b! In#ucmnt I O6n#r b! $roposal
$RIN. 32 IN,FC-M-N1 O00-N,-R 32 $RO$O/AL
7 indcement to commit the crime 7 indcement to commit the crime
NO!" #$%
7 liable onl% when crime is committed 7 mere !ro!osal to commit is
b% the !rinci!al b% direct !artici!ation !nishable in treason M rebellion9
!erson !ro!osed to sholdnOt
commit the crime
7 indcement in"ol"es an% crime 7 a!!lies in treason M rebellion onl%
Articl 1C%3( A $rincipal b! In#ispnsabl Coopration %$IC(
7 those who coo!erate in the commission of the crime b% another act withot which
it wold not ha"e been accom!lished
Cooprat means to desire or wish in common a thin$, bt that common will or
!r!ose does not necessaril% mean !re"ios nderstandin$ for it can be e:!lained
or inferred from the circmstances of each case
R)uisits*
1. !artici!ation in the criminal resoltion, that is, there is either anterior cons!irac%
or nit% of criminal !r!ose and intention immediatel% before the commission of
the crime char$ed
2. coo!eration in the commission of the crime b% !erformin$ another act, withot
which it wold not ha"e been accom!lished
6irst reEuisite
7 re5ires !artici!ation in the criminal resoltion
7 there mst be cons!irac%
7 concrrence is sLcient
7 coo!eration indis!ensable
%econd reEuisite
7 coo!eration ;R$1 be indis!ensable
7 if dispensable, accsed is only an accomplice
Collcti" Criminal Rsponsibilit! %CCR( when the o/enders are criminall%
liable in the same manner and to the same e:tent9 !enalt% is the same for all:
a. %rincipals by Lirect %articipation CCR
b. %rincipals by Inducement CCR with (rinci!als b% +irect (artici!ation,
e:ce!t those who directl% forced another to commit a crime
c. %rincipals by Indispensable Cooperation CCR with (rinci!als b% +irect
(artici!ation
In#i"i#ual Criminal Rsponsibilit! %ICR( in the absence of !re"ios
cons!irac%, nit% of criminal !r!ose and intention immediatel% before the
NO!" #$%
commission of the crime or commnit% of criminal desi$n, the criminal
res!onsibilit% arisin$ from di/erent acts directed a$ainst one and the same !erson
is indi"idal and not collecti"e, and each of the !artici!ants is liable onl% for the
act committed b% him
&rticle 1J
AR1ICL- 1E A ACCOM$LIC-/
7 Accom!lices are !ersons who, not bein$ inclded in Article ;E, cooperate in the
e+ecution of the crime by pre'ious or simultaneous acts
LuasiACollcti" Criminal Rsponsibilit! some of the o/enders in the crime
are !rinci!als9 others are accom!lices
$articipation7!ro"ed b% positi'e Qcompetent e'idence9 canOt be !resmed
&ccomplices ha"e 7 no !re"ios a$reement
7 no nderstandin$ with the (rinci!al b%
7 not in cons!irac% +irect (artici!ation
,i6rnc bt5n an Accomplic an# a Conspirator
ACCOM$LIC-/ CON/$IRA1OR/
7 the% 8now M a$ree with the 7 the% 8now M a$ree with the
criminal desi$n criminal desi$n
7 the% come to 8now abot the 7 the% 8now the criminal intention
criminal desi$n after the cons!irators becase the% ha"e decided !on
ha"e decided on it the corse of action
7 onl% concrs to the commission of 7 the% decide to commit the crime
the crime9 the% do not decide9 the%
merel% assent to it and coo!erate
NO!" #$%
7 mere instrments !erformin$ acts 7 the% are the athors of the crime
N)3 essential to the !er!etration of
the crime
R)uisits 'or an accomplic*
;. that there be commnit% of desi$n9 that is, 4nowin! the criminal desi!n of the
principal by direct participation, he concrs with the latter in his !r!ose
?. that he coo!erates in the e:ection of the o/ense by pre'ious and simultaneous
acts with the intention of supplyin! the material or moral aid in the e:ection of
the crime in an eLcacios wa%
H. that there be a relation between the acts done b% the !rinci!al and those
attribted to the !erson char$ed as accom!lice
Ruls on Accomplics*
1. the one who had the ori$inal criminal desi$n is the !erson who committed the
resltin$ crime =there shold be a !rinci!al b% direct !artici!ation@
2. an accom!lice coo!erates onl% with pre'ious or simultaneous acts
3. an accom!lice does not inXict more or most serios wonds
Moral ai# ma% be thro$h ad"ice, encora$ement or a$reement
-.ampls o' pr"ious acts
7 lendin$ of a wea!on, 8nowin$ of the !r!ose
7 frnishin$ a dr$ or slee!in$ dr$, 8nowin$ the !r!ose is for ra!e
-.ampls o' simultanous acts
7 disarmin$ the "ictim while the !rinci!al is attac8in$
7 !re"entin$ the "ictims from recei"in$ hel!
7 acted as a loo87ot, withot cons!irac%
7 s!!l%in$ material or moral aid
7 distractin$ the "ictim
&rticle 1G
AR1ICL- 1D A ACC-//ORI-/
7 Accessories are those who, ha'in! 4nowled!e of the commission of the crime and
without ha'in! participated therein, either as !rinci!als or accom!lices, ta4e part
subseAuent to its commission in an% of the followin$ manners:
NO!" #$%
1. by protin! themsel'es or assistin! the o*ender to !roft b% the e/ects of the
crime
2. by concealin! or destroyin! the body of the crime or the e*ects or instruments
thereof, in order to pre'ent its disco'ery
3. by harborin!, concealin! or assistin! in the escape of the !rinci!al of the crime,
!ro"ided the accessor% acts with of his !blic fnctions or whene"er the athor of
the crime is $ilt% of treason, !arricide, mrder, or an attem!t to ta8e the life of
the Chief *:ecti"e or is 8nown to be habitall% $ilt% of some other crime
#ccessories do not !artici!ate9 the% do not coo!erate
#ccessories mst ha"e 8nowled$e of the commission of the crime, then ta8es !art
sbse5ent to the commission, e$. fencin$
Snowled!e ma% be ac5ired after the ac5isition of stolen !ro!ert%
*:am!les of by protin! themsel'es by the e*ects of the crime
7 recei"ed stolen !ro!ert% and sed it
7 shared in the reward for mrder
*:am!les of assistin! the o*ender by the e*ects of the crime
7 sells the stolen !ro!ert% for the o/enderOs beneft
7 rnners or coriers for !ic8in$7! or $ettin$ the ransom mone%
*:am!les of by concealin! or destroyin! the body of the crime ,or the corpus
delicti)
7 assisted in the brial to !re"ent disco"er%
7 concealin$ or hidin$ wea!ons sed in the commission of the crime
7 frnishes the means to sta$e the crime scene
R)uisits 'or Articl 1D%3(*
a. 0 accessory is a public o)cer b. F accessory is a pri'ate person
7 harbors, conceals, assists in the 7 harbors, conceals, assists in the
esca!e 7 esca!e
NO!" #$%
7 acts with abse of his !blic 7 crime of !rinci!al is treason,
fnctions !arricide, mrder, attem!t
7 crime of !rinci!al is an% crime a$ainst the life of the (resident,
not a li$ht felon% a 8nown habital criminal
If the !rinci!al is ac5itted b% e:em!tion, accessor% ma% still be con"icted
#pprehension and con'iction of the !rinci!al is not necessar for the accessor%
to be held criminall% liable
If the !rinci!al is at7lar$e or not %et a!!rehended, the accessor% ma% be
!rosected and con"icted
AntiA0ncin& La5 o' 1DCD %$rsi#ntial ,cr No.1>12(
0ncin& is the act of an% !erson who, with intent to $ain for himself or for
another, shall b%, recei"e, !ossess, 8ee!, ac5ire, conceal, sell or dis!ose of, or
shall b% and sell, or in an% other manner deal in an% article, item, ob6ect or
an%thin$ of "ale which he 8nows, or shold be 8nown to him, to ha"e been
deri"ed from the !roceeds of the crime of robber% or theft
0nc incldes an% !erson, frm, association, cor!oration or !artnershi! or other
or$aniFation who-which commits the act of fencin$
&rticle 20
AR1ICL- 2; 8 ACC-//ORI-/ -O-M$1 0ROM CRIMINAL LIA3ILI12
7 those who are e:em!t are the followin$:
a. s!oses c. descendants . relati"es b% aLnit% w-in same de$rees
b. ascendants #. le$itimate, natral, ado!ted siblin$s
7 e:ce!t those that fall nder Article ;A=;@
=roun# 'or .mption ties of blood9 !reser"ation of the cleanliness of oneOs
name
Ne!hew or niece not inclded
Accessories not e5empt if the%: 7 !rofted b% the e/ects of the crime
7 assisted the o/ender to !roft
$-NAL1I-/
$nalt! the s/erin$ that is inXicted b% the #tate for the trans$ression of a law
NO!" #$%
CRIMINAL LAW Page 1+, of 149
,i6rnt 9uri#ical con#itions o' pnalt!
7 !rodcti"e of s/erin$ 7 certain
7 commensrate with the o/ense 7 e5al for all
7 !ersonal 7 correctional
7 le$al
$urpos o' punishmnt* 1o secure justice
1horis 9usti'!in& pnalt!
1. %re'ention !re"ent or s!!ress the dan$er to the #tate
2. $elfFdefense ri$ht to !nish9 !rotect societ% from the threat or wron$
3. 8eformation correct and reform the o/ender
4. "+emplarity !nishment for deterrence
5. Tustice !nishment as an act of retribti"e 6stice
$ocial defense Q e+emplarity: 6stifes the im!osition of the death !enalt%
1h pnaltis un#r th R$C ha" a 3A'ol# purpos
1. 8etribution or e+piation !enalt% commensrate with the $ra"it% of the crime
2. Correction or reformation shown b% rles that re$late e:ection of !enalties
consistin$ in de!ri"ation of libert%
3. $ocial defense shown b% its inXe:ible se"erit% to recidi"ists and habital
delin5ents
&rticle 21B2G
AR1ICL- 21 8 $-NAL1I-/ 1<A1 MA2 3- IM$O/-,
7 No felon% shall be !nishable b% an% !enalt% not !rescribed b% law !rior to its
commission
AR1ICL- 22 8 R-1ROAC1IK- -00-C1 O0 $-NAL LAW/
7 (enal laws shall be retroacti"e in so far as the% fa"or the !erson $ilt% of a felon%
and is not a habital criminal
=nral Rul !ros!ecti"e e/ect
NO!" #$%
CRIMINAL LAW Page 1+1 of 149
-.cption fa"orable to the accsed
Rason 'or th .cption former laws re!ealed or amended are n6st
Article ?? does not a!!l% to the !ro"isions of the Re"ised (enal Code9 bt a!!lies
to =;@ !enal laws enacted before the R(C, and =?@ !enal laws enacted sbse5ent
to the R(C, which are more fa"orable to the accsed
Criminal Liabilit! o' rpal# la5s still subsist 5hn*
1. there is a reenactment of the law
2. when the re!eal is b% im!lication
3. when there is a sa"in$ clase
AR1ICL- 23 8 $AR,ON 32 1<- O00-N,-, $AR12
7 does not e:tin$ish criminal action e:ce!t in Article HBB of the R(C9 bt an
e:!ress wai"er can e:tin$ish the ci"il liabilit% for the in6red !art%
A !ardon b% the o/ended !art% does not e:tin$ish criminal action, becase a
crime committed is a felon% or o/ense committed a$ainst the #tate, e$. estafa 7
e"en the o/ender !a%s dama$es to the in6red !art%, the o/ender can still be
!rosected
Com!romise does not e:tin$ish criminal liabilit%
,nder &rticle ')), in the crimes of sedction, abdction, ra!e or acts of
lasci"iosness, there shall be no criminal !rosection if the o/ender is e5pressl
pardoned b% the !arents or $rand!arents or $ardian of the o/ended !art%. In
the crime of adlter% or concbina$e, both o/enders =the o/endin$ s!ose and
!aramor@ mst be !ardoned b% the o/ended !art%
(ardon nder Article HBB mst be made before the instittion of criminal
!rosection, nless after the instittion of the criminal action, the o/ender and the
o/ended decide to $et married9 3his !ardon is onl% a bar to criminal !rosection
AR1ICL- 24 8 M-A/FR-/ O0 $R-K-N1ION AN, /A0-12 1<A1 AR- NO1 CON/I,-R-, A/
$-NAL1I-/
1. Arrest and 3em!orar% +etention 5. +e!ri"ation of Ri$hts with
2. Commitment of a Minor Re!arations
3. #s!ension from *m!lo%ment
4. Gines M )ther Correcti"e Measres, administrati"e or disci!linar% in natre
AR1ICL- 25 8 CLA//I0ICA1ION O0 $-NAL1I-/
$rincipal $naltis
Capital punishment Li!ht penalties
+eath Arresto Menor
Gines
NO!" #$%
CRIMINAL LAW Page 1++ of 149
#Kicti'e penalties (blic Censre
Reclsion (er!eta
Reclsion 3em!oral
(er!etal or 3em!orar% absolte dis5alifcation %enalties common to the
(er!etal or 3em!orar% s!ecial dis5alifcation three precedin! classes
(rision Ma%or Gine
2ond to 8ee! the !eace
Correctional penalties
(rision Correccional
Arresto Ma%or
#s!ension
+estierro
Accssor! $naltis
7 (er!etal or 3em!orar% absolte dis5alifcation
7 (er!etal or 3em!orar% s!ecial dis5alifcation
7 #s!ension from !blic oLce, the ri$ht to "ote and be "oted for, the !rofession or
callin$
7 Ci"il interdiction
7 Indemnifcation
7 Gorfeitre of confscation of instrments and !roceeds of the o/ense
7 (a%ment of cost
ClassiGcation o' pnaltis accor#in& to sub9ct mattr
1. Cor!oral ,death)
2. +e!ri"ation of freedom ,reclusion, prision, arresto)
3. Restriction of freedom ,destierro)
4. +e!ri"ation of ri$hts ,disAualication and suspension)
NO!" #$%
5. (ecniar% ,ne)
AR1ICL- 2> 8 0IN-/ %A00LIC1IK-, CORR-C1IONAL, LI=<1(
Gines and 2ond to 8ee! the (eace are:
1. #Kicti'e o"er (>,<<<.<<
2. Correctional (?<<.<< (>,<<<.<<
3. Li!ht %enalty less than (?<<.<<
AR1ICL- 2C 8 ,FRA1ION O0 $-NAL1I-/
1. 8eclusion perpetua ?< %rs. and ; da% to B< %rs.
2. 8eclusion temporal ;? %rs. and ; da% to ?< %rs
3. %rision mayor > %rs. and ; da% to ;? %rs.
4. %rision correctional, suspension, destierro > months and ; da% to > %rs.
5. #rresto mayor ; month and ; da% to > months
>. #rresto menor ; da% to H< da%s
C. 3ond to 4eep the peace the !eriod drin$ which the bond shall be e/ecti"e is
discretionar% on the cort
AR1ICL- 2E 8 COM$F1A1ION O0 $-NAL1I-/
,readin! matter)
AR1ICL- 2D 8 $R-K-N1IK- IM$RI/ONM-N1
$r"nti" imprisonmnt an accsed nder$oes this when the crime char$ed
is nonFbailable, or e"en if bailable, he cannot furnish the reAuired bail
3he fullFtime or fourFfths of the time drin$ which o/enders ha"e nder$one
!re"enti"e im!risonment shall be dedcted from the !enalt% im!osed
&rticle '0B'I
AR1ICL-/ 3;A35 8 -00-C1/ O0 $-NAL1I-/
,readin! matter)
Ci"il intr#iction shall de!ri"e the o/ender drin$ the time of his sentence of
the ri$hts !arental athorit%, or $ardianshi!, either as to the !erson or !ro!ert%
of an% ward, of marital athorit%, of the ri$ht to mana$e his !ro!ert%, and of the
ri$ht to dis!ose of sch !ro!ert% b% an% act or an% con"e%ance
NO!" #$%
&rticle 'H
AR1ICL- 3> 8 $AR,ONP I1/ -00-C1/
7 shall not restore the ri$ht to hold oLce and the ri$ht of s/ra$e, nless e:!ressl%
restored b% the terms of the !ardon
7 shall not e:em!t the cl!rit from ci"il liabilit%
,i6rnc bt. $ar#on b! th $rsi#nt I $ar#on b! th O6n##
$AR,ON 32 $R-/I,-N1 $AR,ON 32 O00-N,-,
7 e:tin$ishes criminal liabilit% 7 does not e:tin$ish criminal
liabilit%, e:ce!t in Article HBB
7 cannot inclde e:tinction of ci"il 7 o/ended !art% can wai"e ri$ht
liabilit% to claim ci"il liabilit%
7 shold be $i"en onl after con"iction7 shold be $i"en before the
instittion of the criminal action
7 ma% be e:tended to an% of the 7 mst be e:tended to both o/enders
o/enders
&rticle '7
AR1ICL- 3C 8 CO/1/
1. Gees
2. Indemnities, in the corse of 6dicial !roceedin$s
&rticle 'J
AR1ICL- 3E 8 $-CFNIAR2 LIA3ILI1I-/P OR,-R O0 $A2M-N1
1. 3he re!aration of the dama$e cased
2. Indemnifcation of the conse5ential dama$es
3. Gine
4. Costs of !roceedin$s
1he order of payment is as stated
NO!" #$%
CRIMINAL LAW Page 1+: of 149
&rticle 'G
AR1ICL- 3D 8 /F3/I,IAR2 $-NAL12
/ubsi#iar! $nalt! a sbsidiar% !ersonal !enalt% to be s/ered b% the con"ict
who has no property with which to meet the ne, at the rate of one da% for each
ei$ht =(D@ !esos, sb6ect to the rles !ro"ided for in Article HA
#bsidiar% !enalties should be e5pressl specifed in the conviction becase
withot it, the accsed cannot be com!elled to com!l% with it
&rticle )0B))
AR1ICL-/ 4;A44 8 ACC-//OR2 $-NAL1I-/ O0 ARR-/1O
,readin! matter)
7 Accessor% !enalties do not ha"e to be s!ecifed e:!ressl% in the 6d$ment of
con"iction
7 sall%, the s!ecifc accessor% !enalties are not s!ecifed, the% are said $enerall%
&rticle )IB)7
AR1ICL- 45 8 CON0I/CA1ION AN, 0OR0-I1FR-
7 the !roceeds of the crime mst frst be sbmitted to the 6risdiction of the corts,
and also the tools sed9 if not sbmitted, the corts cannot ad6dicate on the
!roceeds and tools whether the% wold be dis!osed in fa"or of the state
AR1ICL- 4> 8 $-NAL12 1O 3- IM$O/-, F$ON $RINCI$AL/ IN =-N-RAL
7 the penalty prescribed by law for the commission of a felon% shall be imposed
upon the principals
7 the law prescribes a !enalt% for a felon% in !eneral terms, it shall be nderstood as
applicable to the consummated felony
(enalt% in !eneral terms shall be im!osed:
1. !on the !rinci!als
2. for the consmmated felon%
-.cption when the law f:es a !enalt% for frstrated or attem!ted felon%
AR1ICL- 4C 8 W<-N ,-A1< $-NAL12 NO1 1O 3- IM$O/-,
1. minors nder ;D at the commission of the crime =re!ealed b% RA AHBB@
2. !ersons o"er E< %ears old
NO!" #$%
CRIMINAL LAW Page 1+; of 149
3he +eath (enalt% shold be im!osed on cases where the law s!ecifes it
3he +eath (enalt% as of now is deemed to be irrele"ant
&rticle )J
AR1ICL- 4E 8 COM$L-O CRIM-/
1. When a sin$le act constittes two or more $ra"e or less $ra"e felonies
,compound crimes)
2. When an o/ense is a necessar% means for committin$ the other
,comple+ crime proper)
3here mst be at least two crimes
Com!le: crime U )NL0 one crime
Comple+ crimes are more fa'orable to the accused becase instead of bein$
con"icted of two se!arate conts of the same crime, it is considered as onl% one
Compoun# Crim
7 8eAuisites:
1. that onl% a sin!le act is performed b% the o/ender
2. that the sin$le act !rodces =i@ ? or more $ra"e felonies, =ii@ one or more $ra"e M
one or more less $ra"e felonies, =iii@ ? or more less $ra"e felonies
3he sin$le act shold !rodce a $ra"e felon% or a less $ra"e felon% or a
combination of both
Li$ht felonies !rodced b% the same sin$le act shold be treated and !nished as
se!arate o/enses or ma% be absorbed b% the $ra"e felon%
$upposin!, %o shot our nei!hbor then the bullet hit two children9 the
reslt was %or nei$hbor died, two children sli$htl% in6red, the reslt was 1
!rave and 2 li!ht felonies, is the crime com!le: or se!arate? %eparate,
becase the sin$le act shold !rodce a $ra"e or less $ra"e felon% onl%
$upposin!, a sin$le criminal act !rodced 1 !rave felon and 10 li!ht
felonies, is the crime com!le: or se!arate? %eparate
$upposin!, a sin$le criminal act !rodced 1 less !rave felon and several
li!ht felonies, is the crime com!le: or se!arate? %eparate
$upposin!, a sin$le criminal act !rodced a crime punishable b the RPC and
a crime punishable b special law, is the crime com!le: or se!arate?
%eparate, considered as se!arate "iolations
NO!" #$%
CRIMINAL LAW Page 1+- of 149
#!!osin$, (rof. Amrao throws a $renade in class, N stdents died, is the crime
com!le: or se!arate? Comple5
#!!osin$, usin! the same facts above, in addition ' li!ht felonies were
!rodced, is the crime com!le: or se!arate? %eparate
#!!osin$, Prof# &murao switched the machine !un to automatic and shot
at the students with one sin!le act of pressin! the tri!!er, !rodcin$
se"eral in6ries, is the crime com!le: or se!arate? %eparate, becase the what is
considered is the no. of bllets dischar$ed ,%eople '5 Lesierto)
#!!osin$, Prof# &murao switched the machine !un to not automatic and
fred one bullet aimed at someone but hit ' others !rodcin$ serios
!h%sical in6ries, is the crime com!le: or se!arate? Comple5
$upposin!, the act of frin! a machine !un produces the crimes of
attempted murder and phsical in-uries, is the crime com!le: or se!arate?
%eparate, as held b% the Cort of A!!eals
$upposin!, two shots were fred directed a!ainst two di8erent persons, is
the crime com!le: or se!arate? %eparate
$upposin!, in a notorious villa!e, a commander ordered all his soldiers to
shoot at the residents, is the crime com!le: or se!arate? Comple5, the #C
held in %eople '5 Lawas that it was a com!le: crime becase there was a sin!le
o8ense since there was a sin!le criminal impulse:intent:purpose
$upposin!, a person stole the f!htin! coc"s of his nei!hbor alternatel
with three separate, independent acts, is the crime com!le: or se!arate?
Comple5, as held b% the #C in (eo!le ". +e Leon, the criminal act was done
on the same occasion and the o8ender was motivated b one criminal
impulse
$upposin!, a libelous article was published defamin! I con!ressmen
specifcall identifed b their names, is the crime com!le: or se!arate?
%eparate, becase there are as man% crimes of libel as there are !ersons libeled,
!ro"ided that the !ersons are e:!ressl% s!ecifed9 becase each of the N
con$ressmen ma% fle for libel
$upposin!, usin! the same facts above e5cept that the con!ressmen were
not identifed, is the crime com!le: or se!arate? Comple5
$upposin!, in a local publication, news writers wrote that the =errera
doctors are ineCcient, is the crime com!le: or se!arate? Comple5, becase
the identifcation was in $eneral terms, not s!ecifcall% identifed
Compl. Crim $ropr
7 8eAuisites:
;. that at least two o*enses are committed
?. that one or some of the o/enses must be necessary to commit the other
H. that both or all the o/enses must be punished under the same statute
Necessar% means not eEuivalent to indis!ensable means
NO!" #$%
CRIMINAL LAW Page 1+< of 149
$upposin!, the accused "idnapped a !irl with intent to "ill, brou!ht the
victim somewhere then "illed her, is the crime com!le:? @(, the crime is onl%
mrder, becase the 8idna!!in$ was onl% a means to commit the crime of mrder
$upposin!, law students made a falsifed solicitation letter and collected
mone, is the crime com!le:? 12%, the falsifcation of the !ri"ate docment was
necessar% for the crime of estafa
$upposin!, a public oCcial committed malversation throu!h falsifcation
of public documents, is the crime com!le:? 12%, becase the falsifcation was
necessar% to commit mal"ersation
$upposin!, the accused "illed his victim in a buildin!, then committed
arson to conceal the murder, is the crime com!le:? @(
In the crimes of estafa and falsifcation, %o loo8 at the crime frst committed if
it was necessar% for the commission of the other9 the common element in estafa
and falsifcation is the intent to case dama$e
$upposin!, a cit treasurer malversed PImillion pesos out of ta5es then
falsifed documents to conceal the malversation, is the crime com!le:? @(,
the crimes are se!arate
$upposin!, in the crime of rebellion, an @P& commander burned villa!es
and "illed the villa!ers in furtherance of his acts of rebellion, is the crime
com!le:? @(, becase the acts he committed were absorbed in the crime
of rebellion
$upposin!, in the crime of rebellion, the @P& commander "illed someone
for personal reasons, is the crime com!le:? N), the crimes are separate
In the crimes of treason or rebellion, when common crimes are committed, %1(
in frtherance of or is related to treason or rebellion, the crimes are absorbed,
bt %2( for !ersonal reasons or for a !ri"ate !r!ose, the crimes are separate
3here is no comple5 crime of rebellion with common crimes
/pcial Compl. Crims
7 Ra!e with &omicide 7 Robber% with #erios (h%sical In6ries
7 Robber% with &omicide 7 Sidna!!in$ with Mrder or &omicide
25press provisions in the Re"ised (enal Code that cannot be comple5
7 Article ;?A: search warrant obtained maliciosl%
7 Article ?HN: maltreatment of !risoners
7 +irect 2riber% U cannot be com!le:ed
Articl 4E is intended to favor the culprit or accsed
NO!" #$%
3he penalt for comple5 crimes is the penalt for the most serious crime,
the same to be a!!lied in its ma:imm !eriod
3wo felonies in a com!le: crime !nishable b% im!risonment and fne U onl% the
im!risonment is im!osed
&rticle )G
AR1ICL- 4D 8 $-NAL12 0OR $RINCI$AL/ O0 CRIM- COMMI11-, WA/ ,I00-R-N1 0ROM
W<A1 WA/ IN1-N,-,
a!!licable onl% to mista"e in identit
/tps
1. identif% lesser !enalt%
2. whiche"er !enalt% is !rescribed b% law,
3. the lesser penalt is alwas applied or imposed
&rticle I0BI7
AR1ICL-/ 5;A5C 8 ,-=R--/ 1O W<IC< $-NAL1I-/ /<OFL, 3- LOW-R-, ,readin!
matter)
%articipants? liability lowered by de!rees
consmma
ted
frstrate
d
attem!te
d
(rinci!als < ; ?
Accom!lice
s
; ? H
Accessorie
s
? H B
Articl 5; (rinci!als in a frstrated felon%
Articl 51 (rinci!als in an attem!ted felon%
Articl 52 Accom!lices in a consmmated felon%
Articl 53 Accessories in a consmmated felon%
Articl 54 Accom!lices in a frstrated felon%
Articl 55 Accessories in a frstrated felon%
Articl 5> Accom!lices in an attem!ted felon%
Articl 5C Accessories in an attem!ted felon%
NO!" #$%
3asis 'or th #trmination
7 nder the R(C, !enalties can be redced by de!rees
1. sta$e reached b% the crime in its de"elo!ment =consmmated, frstrated,
attem!ted@
2. !artici!ation of !ersons liable =!rinci!als, accom!lices, accessories@
3. !ri"ile$ed miti$atin$ circmstances
All !enalties for each crime in the R(C U $enerall%, shall alwa%s be im!osed nless
the law itself e:!ressl% !ro"ides, e:ce!t Article ><
,&r one whole !enalt%9 one entire !enalt% or one nit of !enalties
enmerated in the $radated scales
$rio# one of the H e5al !ortions =minimm, medim, ma:imm@
&rticle IJBH0
AR1ICL- 5E 8 A,,I1IONAL $-NAL12 F$ON ACC-//ORI-/ O0 AR1.1D%3(
7 Absolte !er!etal dis5alifcation if $ilt% of a $ra"e felon%
7 Absolte tem!orar% dis5alifcation if $ilt% of a less $ra"e felon%
#rticle 1J,3) !blic oLcers who hel! the athor of the crime b% missin$ their
oLce and dties shall s/er the additional !enalties
AR1ICL- 5D 8 $-NAL12 0OR IM$O//I3L- CRIM-/
7 #rresto mayor, with fne of (?<<7(N<<
3asis 'or imposition*
7 social dan$er
7 de$ree of criminalit%
AR1ICL- >; 8 -OC-$1ION/ 1O AR1ICL- 5;A5C
7 shall not be a!!licable to cases in which the law !rescribes a !enalt% for frstrated
and attem!ted sta$es or to be im!osed on accom!lices or accessories
&rticle H1
AR1ICL- >1 8 RFL-/ 0OR =RA,FA1IN= $-NAL1I-/
NO!" #$%
,i"isibl $naltis di"ided into three, so e/ects of ordinar% miti$atin$
circmstances and $eneric a$$ra"atin$ circmstances can be a!!lied
In#i"isibl $naltis e$. reclsion !er!eta, !blic censre, fne
0irst Rul an# /con# Rul
(enalt% onl% consists of a de$ree
3he !enalt% ne:t lower b% one de$ree U !enalt% immediatel% followin$ the !enalt%
!rescribed b% the law
7 sin$le and indi"isible U Reclsion !er!eta
7 !enalt% ne:t lower in de$ree U Reclsion tem!oral
$upposin!, accused shot the victim Eualifed b treacher, but the victim
survived, thus accused was convicted of frustrated murder, the !enalt% for
mrder is reclsion !er!eta, bt since it was frstrated, the !enalt% ne:t lower in
de$ree a!!lies, which is reclusion temporal
0ourth an# 0i'th Rul
(enalt% !rescribed b% law is ;, ?, or H, se"eral !eriods
7 If one !eriod lower, $o down one !eriod in the $radated scale
7 If two !eriods lower, $o down two !eriods in the $radated scale
7 If three !eriods lower, $o down three !eriods in the $radated scale
"+ample. %rision ;ayor
7 $upposin! the !enalt% !rescribed b% law is prision mayor medium period: is in
itself a de$ree9 R(C all di"isible !enalties are di"ided into H !eriods9 !rision
ma%or medim can be di"ided into ma:imm, medim, minimm
7 $rision ma!or %> !ars an# 1 #a! to 12 !ars(
;? > U > - H U ?
? U common mlti!le =add ? to the !eriods startin$ from the minimm@
Minimm > %ears and ; da% to =>Z?@ D %ears
Medim D %ears and ; da% to =DZ?@ ;< %ears %rision mayor
Ma:imm ;< %ears and ; da% =;<Z?@ ;? %ears medium
A $rision ma!or m#ium %E !ars an# 1 #a! to 1; !ars(
;< D U ? %ears - H U D months
D months U common mlti!le =add D months@
NO!" #$%
Minimm D%rs. M ; da% to D%rs. M D months
Medim D%rs. M D months to A%rs. M B months
Ma:imm A%rs. M B %ears to ;< %ears
With the H !eriods of prision mayor medium now determined, the miti$atin$ and
a$$ra"atin$ circmstances attendant can now be a!!lied
1hir# Rul
7 when three !enalties are im!osed in one =e$. Reclsion tem!oral +eath@
7 since +eath is not im!osed, three !eriods lowered immediatel% followin$
&rticle H2
AR1ICL- >2 A -00-C1/ O0 1<- A11-N,ANC- O0 MI1I=A1IN= AN, A==RAKA1IN=
CIRCFM/1ANC-/ AN, <A3I1FAL ,-LINLF-NC2
0irst rul: A$$ra"atin$ circmstances:
1. should not themsel'es constitute a crime, e$. b% means of fre U arson9 b%
means derailment of a locomoti"e U destrction of !ro!ert%
A Is unlawful entry a crime in itself? 12%
2. should not be included in denin! the crime, e$. b% means of !oison in the crime
of mrder
3. 3he ma:imm !eriod shall be im!osed re$ardless of miti$atin$ circmstances if
the o/ender is a !blic oLcer who too8 ad"anta$e b% !blic !osition
4. 3he ma:imm !eriod shall be im!osed for members of an or$aniFed or
s%ndicated crime $ro!
)r$aniFed or #%ndicated Crime 1ro! $ro! of two or more !ersons
collaboratin$, confederatin$ or mtall% hel!in$ one another for !r!oses of $ain
in the commission of an% crime
/con# rul
7 #!!ra'atin! circumstances are not applicable if inherent in the crime, e$. e"ident
!remeditation in robber% or theft9 ad"anta$e ta8en b% !blic !osition in
mal"ersation9 se: in crimes a$ainst chastit%9 brea8in$ wall in malicios mischief
1hir# rul* A$$ra"atin$ or Miti$atin$ Circmstances arisin$ from:
NO!" #$%
1. ;oral attributes
$upposin!, the victim !ave suCcient provocation, which irritated the
accused who called his brother for assistance, then the both "illed the
victim, can the miti$atin$ circmstance of sLcient !ro"ocation be a!!reciated
for both of them? @(, onl% to the one who was the tar$et of the !ro"ocation =the
accsed@ and not his brother
2. %ri'ate relations
$upposin!, our nei!hbor slapped our mom, then ou as"ed our friend
to accompan ou to "ill our nei!hbor, can the a$$ra"atin$ circmstance of
immediate "indication of a relati"e for a $ra"e o/ense be a!!reciated for the both
%o? @(, onl% to %o becase it was %or mom who was o/ended frst and not
%or friend
3. %ersonal cause
$upposin!, ou and our friend entered our nei!hborDs house, not
"nowin! that our friend is aMicted with "leptomania, can the miti$atin$
circmstance of illness be a!!reciated for the both of %o? @(, illness can be
a!!reciated onl% to %or friend
0ourth rul* A$$ra"atin$ or miti$atin$ circmstances a!!l% in the:
7 material e5ecution of the act and in the means emploed to accomplish it9
onl% to those who had 8nowled$e at the time of the e:ection
1. ;aterial e+ecution
$upposin!, Prof# &murao as"ed his student to simpl "ill his classmate,
but the student applied cruelt when he "illed his classmate, can the
a$$ra"atin$ circmstance of crelt% be a!!reciated with (rof. Amrao? @(,
becase he had no 8nowled$e of the material e:ection sed.
$upposin!, usin! the same facts above, but Prof# &murao told his student
to "ill his classmate Nat all costsD, can the a$$ra"atin$ circmstance of crelt%
be a!!reciated with (rof. Amrao? 12%
2. ;eans employed to accomplish
7 (rinci!al b% direct !artici!ation ses !oison to commit mrder withot the
8nowled$e of the (rinci!al b% indcement
<abitual ,lin)unc!
NO!" #$%
<abitual ,lin)unt a !erson who, within a !eriod of ;< %ears from the date of
release or last con"iction of the crimes of serios or less serios !h%sical in6ries,
robber%, theft, estafa, or falsifcation, fond $ilt% for a H
rd
time or oftener. A
habital delin5ent shall s/er an additional !enalt%
,i6rnc bt5n <abitual ,lin)untHRci#i"istHRitracion
<abitual ,lin)unt Rci#i"ism Ritracion
Crims 7 s!ecifed crimes 7 ? crimes embraced in 7 ? crimes not
the same title of the R(C embraced in the same
title of the R(C
$rio# 7 within ;< %ears 7 time bet. ? o/enses7 has ser"ed sentence
is immaterial for the ;
st
o/ense
No. o'
Crims 7 H
rd
time or oftener 7 ?
nd
time is sLcient 7 ?
nd
time is sLcient
-6cts 7 additional !enalt% 7 a $eneric a$$ra"atin$ 7 not alwa%s an
is im!osed circmstance9 can be a$$ra"atin$
o/set b% an ordinar% circmstance
miti$atin$ circmstance
,i6rnc bt. <abitual ,lin)unc! I /ubsi#iar! Imprisonmnt
<abitual ,lin)unt /ubsi#iar! Imprisonmnt
7 needs to be alle$ed in the 7 does not need to be alle$ed
information
7 shold be alle$ed in the 7 comes onl% after the sentence of
be$innin$ con"iction
7 im!oses an additional !enalt% 7 im!osed onl% when nable to !a% fne
7 cannot be considered with a 7 $eneral alle$ation will sLce
$eneral alle$ation, mst be
NO!" #$%
s!ecifcall% alle$ed
R)uisits 'or a <abitual ,lin)unt*
1. o/ender has been con"icted of serios or less serios !h%sical in6ries, robber%,
theft, estafa, or falsifcation
2. after con"iction or after ser"in$ sentence a$ain committed within ;< %ears from
his release or date of frst con"iction, he was con"icted of an% of said crimes for
the ?
nd
time
3. after con"iction or after ser"in$ sentence for the ?
nd
o/ense a$ain commits and
within ;< %ears of con"iction or release for the ?
nd
o/ense, commits a H
rd
time or
oftener
A##itional $naltis
1. /or the 3
rd
time U the !enalt% for the last crime Z (rision correctional medim to
ma:imm
2. /or the 4
th
time U the !enalt% for the last crime Z (rision ma%or minimm to
medim
3. /or the 5
th
time or more U the !enalt% for the last crime Z (rision ma%or
ma:imm to Reclsion tem!oral minimm
3otal of last !enalt% and additional !enalt% U should not e5ceed '0 rs#
If the court overloo"ed the imposition of an additional penalt for habital
delin5enc% U the o8ender cannot be compelled to su8er the additional
penalt
In the commission of se"eral crimes occrrin$ on or abot the same date shall be
considered onl% as one for !r!oses of habital delin5enc%
In the con"iction for those crimes occrrin$ on or abot the same date shall also
be considered as one
&rticle H'
AR1ICL- >3 8 RFL-/ ON IN,IKI/I3L- $-NAL1I-/
1. /or sin!le indi'isible penalties =reclsion !er!eta@ shall be a!!lied re$ardless
of miti$atin$ or a$$ra"atin$ circmstances, e$. the crime of ra!e with homicide,
with the miti$atin$ circmstances of "olntar% srrender, "olntar% confession of
$ilt, and illness, the !enalt% shall still be reclsion !er!eta becase
circmstances are disre$arded
NO!" #$%
2. /or two indi'isible penalties =sb7!ara$ra!hs ;7B are ina!!licable, becase there
is no death !enalt%, therefore thereOs onl% one indi"isible !enalt%@
-.cption to #isr&ar#in& circumstancs* if it is a privile!ed miti!atin!
circumstance .&rticles HJ L HG/, or if the accsed is a minor who acted with
discernment U can be entitled to a !enalt% ne:t lower in de$ree
&rticle H)
AR1ICL- >4 8 RFL-/ 0OR $-NAL1I-/ WI1< 3 $-RIO,/
7 In accordance w- Articles E>7EE whether there are attendin$ circmstances
0irst rul
7 if neither a miti!atin! or a!!ravatin! circumstance is !resent U medium
period is im!osed
/con# rul
7 if there is a miti!atin! circumstance U minimum period is im!osed
1hir# rul
7 if there is an a!!ravatin! circumstance U ma5imum period is im!osed
0ourth rul
7 if there is both a miti!atin! and a!!ravatin! circumstance U corts shall
o/set the circmstances accordin$ to relati"e wei$ht
0i'th rul
7 if there are ? or more miti$atin$ circmstances and absoltel% no a$$ra"atin$
circmstances U the !enalt% ne:t lower in de$ree is im!osed
/i.th rul
7 whate"er the nmber or natre of a$$ra"atin$ circmstances U corts cannot
im!ose a $reater !enalt% than !rescribed b% law in ma:imm
/"nth rul
7 Corts can determine e:tent of !enalt% within the limits of each !eriod
Miti&atin& circmstance must be ordinar U not privile!ed
A&&ra"atin& circmstance must be !eneric U not Eualifed or inherent
&rticle HIBH7
AR1ICL- >5 8 RFL-/ 0OR $-NAL1I-/ NO1 IN 1<R-- $-RIO,/
NO!" #$%
,readin! matter)
AR1ICL- >> 8 IM$O/I1ION O0 0IN-/
,readin! matter)
7 Q o' th ma.imum Gn is either added =for a$$ra"atin$ circmstances@ or
deducted =for miti$atin$ circmstances@ from the ma:imm fne
7 courts must consider.
1. miti$atin$ or a$$ra"atin$ circmstances
2. wealth or means of the cl!rit
AR1ICL- >C 8 $-NAL12 0OR INCOM$L-1- -O-M$1IN= CIRCFM/1ANC- O0 ACCI,-N1
7 Arresto ma%or ma:imm to !rision correccional minimm .!rave felonies/
7 Arresto ma%or minimm to Arresto ma%or medim .for less !rave felonies/
+i!ht felonies thro$h ne$li$ence U no penalt
&rticle HJ
AR1ICL- >E 8 $-NAL12 0OR MINOR/ FN,-R 1E
,repealed by 8# J344)
Minor nder ;D who acted with discernment U !enalt% two de$rees lower
&rticle HG
AR1ICL- >D 8 $-NAL12 0OR INCOM$L-1- :F/1I02IN= OR -O-M$1IN= CIRCFM/1ANC-/
7 lowered b% ; or ? de$rees
,a-orit of sch conditions mst be !resent
In self7defense, defense of a relati"e, defense of a stran$er
7 $nlawful &!!ression is indispensable
&rticle 70
AR1ICL- C; 8 /FCC-//IK- /-RKIC- O0 /-N1-NC-
NO!" #$%
/imultanous /r"ic if the natre of the !enalties will so !ermit, i.e.
Reclsion tem!oral and (er!etal Absolte +is5alifcation =refer to Re%es boo8
for a com!lete list of !enalties that ca be ser"ed simltaneosl%@
/uccssi" /r"ic if cannot be ser"ed simltaneosl% =sch as two 6ail
sentences@ shall follow the scale !ro"ided b% &rticle 70 based in the order
accordin! to severit
3A'ol# rul the ma:imm dration of the con"ictOs sentence shall not be more
than 'Bfold the len$th of the time corres!ondin$ to the most severe of the
!enalties im!osed
onl% a!!lies when the con"ict has to ser"e at least ) sentences
In no case shall the sm total of !enalties e:ceed B< %ears
In the scale, &rresto menor comes before destierro becase com!lete
de!ri"ation of libert% or im!risonment in arresto menor is more se"ere than
destierro
$upposin!, ou are a -ud!e, can ou impose the sentence of I00 counts of
malversation, which is each punishable b 1I rs# of imprisonment,
without violatin! &rticle 704 12%, becase the H7fold rle does not refer to the
im!osition of sentence bt refers to the ser"ice to the !enalt%9 the corts can
sentence no matter what and no matter how mch
3he H7fold rle is the concern of the >irector of Prisons, @(9 of the corts
If the sm total of all the !enalties does not e5ceed the most severe
multiplied b ', the 'Bfold rule does not appl
+ration of con"ictsO sentence refers to se"eral !enalties for di/erent o/enses
not et served out U has to ser"e continos im!risonment
&rticle 71B77
AR1ICL- C1 8 =RA,FA1-, /CAL-/
(enalties are classifed between !ersonal !enalties =im!risonment@ and !olitical
ri$hts =ss!ension, fne, etc@
Arresto ma%or is followed b% destierro
AR1ICL-/ C2ACC ,readin! matter)
Article EH Accessor% !enalties are deemed im!osed
#bsidiar% im!risonment is N)3 an accessor% !enalt%
IN,-1-RMINA1- /-N1-NC- LAW %AC1 41;3 AM-N,-, 32 AC1 4225(
7 mandator in natre9 whether the corts li8e it or not, the% ha"e to a!!l% the
same e:ce!t for those mentioned in %ec# 2 who are disEualifed
NO!" #$%
$urposHOb9cti"s o' th I/LAW
1. to !lift and redeem "alable hman materials
2. !romote economic seflness
3. !re"ent nnecessar% and e:cessi"e de!ri"ation of libert%
3he I#LAW was enacted to beneft the accsed b% allowin$ the con"ict not to ser"e
the fll sentence
3hese ob6ecti"es are attained with the a!!lication of the I#LAW
Cort f5es a ;a+imum term and a ;inimum term
After ser"in$ the ,inimum term, the con"ict shall be entitled to parole !on
e"alation of the 2oard of (ardons and (arole
1h NreleaseD shall b "aluat# b! th Court 5hthr th con"ict is*
7 ftted b% trainin$ for release
7 reasonable !robabilit% not to commit another crime or "iolate the law
7 com!atible with the welfare of societ%
,ta4e note of this7 this was !i'en by %rof5 #murao)
&s applied in special penal laws
7 the Ma.imum trm shold not be more than what is !rescribed
7 the Minimum trm shold not be less than what is !rescribed
"+ample. 5 yrs and 1 day to 15 yrs
7 the Minimum ma% be an%where from N %rs to ;B %rs, bt not less than N %rs
7 the Ma.imum ma% be an%where from > 7 ;N %rs. bt not more than ;N%rs.
&s applied in the Revised Penal Code
7 the Ma.imum trm shold be im!osed nder the rles of the R(C9 penalt
prescribed b law after a!!l%in$ the le$al e/ects of miti$atin$ or a$$ra"atin$
circmstances9 onl the ma5imum is a/ected b% the attendin$ circmstances
A the Minimum trm shold be within the ran$e of the !enalt% ne:t lower to that
!rescribed b% the R(C9 the penalt prescribed b law, lower it immediatel
b one de!ree, i$nore all the miti$atin$ or a$$ra"atin$ circmstances
"+ample:
$upposin!, accidentall% %o met %or nei$hbor alon$ the road, he challen$ed %o
to a f$ht and %o acce!ted the challen$e, there was a !h%sical f$ht, then %o
inXicted a mortal wond that cased his death in the hos!ital, %o were char$ed
with homicide, becase there were no 5alif%in$ circmstances, and since there
was no miti!atin! and a!!ravatin! ou should be sentenced to a medium
period of reclsion tem!oral =for homicide@
7 3o $et Minimum trm, immediatel% $et the !enalt% ne:t to Reclsion tem!oral,
lower b% ; de$ree U %rision mayor an%where within (rision ma%or, the cort can
decide what !eriod, re$ardless of attendin$ circmstances
7 3he Ma.imum trm, considerin$ the absence of attendin$ circmstances, is
Reclsion 3em!oral medim !eriod
7 3he sentence now sin$ the I#LAW is (rision ma%or in an% !eriod as the Minimm
term, ! to Reclsion tem!oral medim !eriod as the Ma:imm term
NO!" #$%
If the con"ict reaches the ,inimum term, he shall eli!ible for parole9 terms
and conditions can be im!osed b% the 2((
Bote from %rof5 #murao. It !a%s to be in $ood terms with the 6d$e and his wife or
his nmber ? so %o can $et a low Minimm term if not the lowest
/ur"illanc $rio# #urin& $arol %/$(
1. If there is no "iolation drin$ the drin$ the s!ecial !eriod, the cort will isse an
order for fnal dischar$e
2. Le$al e/ect of a "iolation of law or rles:
7 release ma% be re"o8ed
7 !rosected anew
7 !rolon$ed chan$e in the terms and conditions of the !arole
7 made to ser"e ot the remainin$ ne:!ired !ortion of the sentence
+rin$ !arole, the con'ict is as free as any normal person e:ce!t for the terms
and condition that ha"e to be obser"ed
I/LAW is inapplicabl 5ith th 'ollo5in&*
1. prsons con"ict# o' #ath or li' imprisonmnt
7 in terms of death, this refers to the !enalt% actall% im!osed in the con"iction b%
the corts, not the !enalt% !rescribed b% the law
7 in terms of life imprisonment, what if Reclusion perpetua is imposed, can the
I#LAW still be a!!lied4 3he #C sa%s @(, itOs not a!!licable
?. those con"icted of treason, !ro!osal or cons!irac% to commit treason
H. those con"icted of mis!rision of treason, rebellion, sedition, es!iona$e
B. con"icted of !irac%
N. habital delin5ents
>. those who esca!ed from confnement
E. those who "iolated the terms of conditional !ardon b% the (resident
D. ma:imm term of im!risonment less than a %ear
A. those con"icted b% destierro or ss!ension
7 destierro is a con"iction im!osed b% corts
$RO3A1ION LAW %$, D>E(
$robation a dis!osition nder which a defendant after con"iction and sentence,
is released sb6ect to the conditions im!osed b% the cort and to the s!er"ision
of the !robation oLcer
Ob9cti"sH$urpos
1. (romote correction and rehabilitation
2. )!!ortnit% for reformation
3. (re"ent commission of o/enses
NO!" #$%
Critria 'or &rantin&
7 character 7 en"ironment 7 instittion-commnit%
7 antecedents 7 mental and !h%sical condition
Critria 'or #n!in&9 if the con"ict:
1. needs correctional treatment
2. has nde ris8 of committin$ another crime
3. !robation will de!reciate seriosness of o/ense
Inapplicabilit! o' th $robation La5
1. a con"ict sentenced to more than > %ears
2. con"icted of sb"ersion other crimes of national secrit% or !blic order
3. a recidi"ist
4. !re"iosl% !robationed
5. alread% ser"in$ sentence
3here is frst, a 6d$ment of con"iction im!osed b% the cort
,uration
7 not e:ceedin$ > %ears and not dis5alifed
7 the accsed ma% fle an a!!lication for !robation with the cort
7 the cort will order an in"esti$ation thro$h the !robation oLcer, all the as!ects
of the life of the con"ict
7 !robation oLcer sbmits fndin$s and recommendation
7 after sbmission, cort ma% den% or a!!ro"e recommendation and admit the
accsed to !robation
7 Cort ma% im!ose dration based on: 7 rehabilitation
7 reformation
7 reinte$ration
NO!" #$%
,uration o' th $robation $rio#
1. sentence not more than ; %ear U !robation is less than ? %ears
2. sentence more than ; %ear U !robation is less than > %ears
3. sentence is fne with sbsidiar% im!risonment U !robation is twice the da%s of
sbsidiar% im!risonment
A'tr th $robation $rio#
7 the cort can isse, !on recommendation b% the !robation oLcer, a certifcate of
fnal dischar$e9 its e/ects are:
;. restored to oneOs ori$inal !osition
?. liabilit% for the fne is deemed e:tin$ished
Whn to appl! 'or probation
7 ;N da%s from !roml$ation, drin$ the re$lamentar% !eriod
7 the con"ict can either a!!eal or a!!l% for !robation
$upposin!, con"ict fled a notice of a!!eal, later chan$ed his mind, withdrew his
a!!eal then fled an a!!lication for !robation, can he do that? @(, once %o fle
for an a!!eal, %o wai"e %or ri$ht to fle for an a!!lication for !robation, and
"ice7"ersa if %o frst fle for an a!!lication then later on decide to withdraw it.
$upposin!, a 6d$ment of con"iction was made, ths not entitled to !robation, so
accsed fled an a!!eal in the CA where his sentence was lowered, 5alif%in$ him
for !robation, can he a!!l% for !robation now? CA sa%s 0*#, there canOt be an%
wai"er of ri$ht becase he was not
entitled to fle an a!!lication for !robation U thereOs nothin$ to
wai"e
#C sa%s N), becase he alread% a!!ealed, tho$h with stron$ dissentin$
o!inions abot it =3he #C is s!reme, bt it is not alwa%s ri$ht@
2e%ond the ;N7da% re$lamentar% !eriod, %o canOt fle an a!!lication for
!robation, e:ce!t in RA AHBB, a child in conXict with the law can fle an a!!lication
for !robation antime
AR1ICL-/ CEAE; ,readin! matters)
7 Article EA #s!ension of *:ection
NO!" #$%
7 Article D< =re!ealed b% RA AHBB@ in"ol"es the di"ersion and inter"ention
!ro$rams for children in conXict with the law
AR1ICL-/ E1AE5 8 $ROC-,FR- AN, =FI,-LIN-/ 0OR 1<- -O-CF1ION O0 ,-A1<
$-NAL12 ,readin! matter)
AR1ICL- E> 8 A,MINI/1RA1IK- MA11-R ON $-NI1-N1IARI-/
,readin! matter)
AR1ICL- EC 8 ,-/1I-RRO
7 !rohibition in a certain !lace or !laces desi$nated in the con"iction
7 not !ermitted to enter the !lace or !laces nor within the radis s!ecifed not more
than ?N<, bt not less than ?N 8ilometers from the !lace
AR1ICL- EE 8 ARR-/1O M-NOR
7 shall be ser"ed in mnici!al 6ails
7 or for health reasons, can be allowed to sta% home =hose arrest@
AR1ICL- ED 8 1O1AL -O1INC1ION O0 CRIMINAL LIA3ILI12
1. +ath o' a con"ict U e:tin$ishes !ersonal !enalties bt not !ecniar%
if death comes before fnal 6d$ment, e"en !ecniar% liabilities are e:tin$ished
2. /r"ic o' sntnc
7 crime is a debt incrred b% the o/ender as a conse5ence9 after ser"ice of the
sentence, the debt is !aid
3. Amnst!
7 e:tin$ishes the !enalt% and its e/ects9 as if the crime was not committed
4. Absolut $ar#on
7 an act of $race b% the Chief *:ecti"e9 e:em!ts the !erson from !nishment onl%
5. $rscription o' crim
7 forfeitre or loss of the ri$ht of the #tate to !rosecte
>. $rscription o' pnalt!
7 loss or forfeitre of ri$ht of the $o"ernment to e:ecte the fnal sentence
C. Marria& o' o6n## 5oman %Articl 344(
NO!" #$%
7 pri'ate crimes =abdction, sedction, lasci"ios acts adlter%, concbina$e@
cannot be !rosected de oLcio
7 public crimes =ra!e@ can be !rosected de oLcio =meanin$ initiated in Cort b%
flin$ a com!laint
Marria$e can e:tin$ish either crimes
AR1ICL- D; AN, D1 8 $R-/CRI$1ION O0 CRIM-/ AN, COM$F1A1ION
1. +eath, Reclsion !er!eta, Reclsion tem!oral U ?< %ears
2. Crimes !nishable b% other a]icti"e !enalties U ;N %ears
3. Crimes !nishable b% correctional !enalties U ;< %ears
4. Arresto ma%or U N %ears
5. Crimes of libel, or other similar o/enses U ; %ear
>. )ral defamation- #lander b% deed U > months
C. Li$ht felonies U ? months
3he !rescri!ti"e !eriod shall commence to run from the discover of the
crime and shall be interrupted onl b flin! a complaint or information in
court
Commences to rn a$ain when sch !roceedin$s terminate withot the accsed
bein$ con"icted or ac5itted
3he !rescri!ti"e !eriod shall not rn when the o/ender is absent from the
(hili!!ines
$upposin!, in ;AD< the accsed commits a crime, then $oes into hidin$, he
resrfaces ?< %ears later, then the $o"ernment fnds a witness, can the% institte
a case? @(, bt if the accsed left for the ,#, 12% he can be !rosected still
3he mere flin$ of a com!laint with the followin$ does not interrupt the
prescriptive period:
7 Chief of (olice 7 )Lce of the N2I
7 )Lce of the (ro"incial +irector of the (N(
becase these do not constitte the cort9 the% are not !art of the 6diciar%, not
!art of the corts of 6stice
2t flin$ with: )Lce of the (blic (rosector or )Lce of the )mbdsman, ma%
interr!t the !rescri!ti"e !eriod
NO!" #$%
AR1ICL- D2 AN, D3 8 $R-/CRI$1ION O0 $-NAL1I-/ AN, COM$F1A1ION
1. +eath, Reclsion !er!eta U ?< %ears
2. Crimes !nishable b% other a]icti"e !enalties U ;N %ears
3. Crimes !nishable b% correctional !enalties U ;< %ears
4. Arresto ma%or U N %ears
5. Li$ht felonies U ; %ear
3he !rescri!ti"e !eriod shall commence upon evasion of the service of
sentence of the convict and shall be interrupted b the followin!:
1. if o/ender $i"es himself !
2. if he is ca!tred
3. $oes to a forei$n contr% with which we ha"e no e:tradition treat%
4. commits another crime before e:!iration of the !eriod of !rescri!tion
,i6rnc bt5n $rscription o' crims I $rscription o' pnaltis
$R-/CRI$1ION O0 CRIM- $R-/CRI$1ION O0 $-NAL12
7 loss or forfeitre of the #tate to 7 loss or forfeitre of the #tate to
!rosecte enforce 6d$ment after a la!se of
time
7 !eriod: incldes libel, oral 7 li$ht felonies for ; %ear
defamation9 di/erence in time for
li$ht felonies
7 starts contin$ !on disco"er% of the 7 starts contin$ !on the esca!e or
commission of the crime e"asion of ser"ice of the sentence
7 mere absence from the (hili!!ines 7 absence from the (hili!!ines
interr!ts interr!ted onl% when he $oes to a
forei$n contr% withot an
NO!" #$%
e:tradition treat% with s
7 commission of another crime before 7 commission of another crime
the e:!iration of the !eriod does not before e:!iration of the !eriod
interr!t interr!ts the !rescri!tion
AR1ICL- D4 8 $AR1IAL -O1INC1ION O0 CRIMINAL LIA3ILI12
1. Conditional !ardon
7 mst be deli"ered and acce!ted9 contract bet. (resident and the con"ict
2. 2% commtation of the sentence
3. Gor $ood condct allowances which cl!rit ma% earn
4. Gll credit of ser"ice of !re"enti"e im!risonment
5. Release on (arole
>. Release nder (robation
AR1ICL- D5 8 O3LI=A1ION/ O0 1<O/- =RAN1-, CON,I1IONAL $AR,ON
,readin! matter)
AR1ICL- D> 8 -00-C1 O0 COMMF1A1ION O0 /-N1-NC-
,readin! matter)
AR1ICL- DC 8 ALLOWANC-/ 0OR =OO, CON,FC1
;. frst ? %ears U dedction of N da%s for each month of $ood beha"ior
?. H 7 N %ears U dedction of D da%s for each month of $ood beha"ior
H. >7;< %ears U dedction of ;< da%s for each month of $ood beha"ior
B. ;; M so on %ears U dedction of ;N da%s for each month of $ood beha"ior
NO!" #$%
AR1ICL- DE 8 /$-CIAL 1IM- ALLOWANC-/
7 it is a dedction of ;-N of the !eriod of the entire sentence: ha"in$ e"aded ser"ice
drin$ calamit% or catastro!he =Art.;ND@ $i"es himself ! to the athorities within
BD hors9 otherwise, if ca!tred ;-N of the remainin$ sentence will added
$upposin!, there is a calamit%, bt %o did not esca!e, will %o be awarded the
;-N dedction? @(, the law sa%s %o ha"e to frst esca!e
AR1ICL- DD 8 W<O =RAN1/ 1IM- ALLOWANC-/ ,readin! matter)
7 3he +irector of (risons
Articl 1;; 8 Ci"il Liabilit!
In e"er% felon%, arises two thin$s:
=i@ criminal liability, which can be e:tin$ished b%:
7 im!risonment 7 fne
7 !rescri!tion of libert%
Interested !arties are: the $o"ernment-#tate-(resident a$ainst the accsed who is
the onl% one liable becase !enalties are !ersonal
=ii@ ci'il liability, which can be e:tin$ished b%:
7 restittion 7 indemnifcation
7 re!aration
Interested !arties are: the o/ended !art% and heirs a$ainst the accsed and heirs
Ci"il liabilit% can be e:tin$ished similar to that of contracts
,!on flin$ of the criminal action, civil action is deemed instituted
If the criminal case was led rst, it shall ta8e !recedence
If the ci'il case was led rst, it will be ss!ended when the criminal case is fled
Rsr"ation o' ri&ht loses ri$ht to inter"ene in criminal case, bt allows for the
instittion of an independent civil action =ICA@
NO!" #$%
In#pn#nt Ci"il Action =for cases of or claims for dama$es, defamation,
!h%sical in6ries@ ma% !roceed simltaneosl% with the criminal case, bt if there
is !re6dicial 5estion, it shall be decided frst
$r9u#icial Lustion is one which arises in a case, the resoltion of which is a
lo$ical antecedent of the isse in"ol"ed in the said case, and the co$niFance of
which !ertains to another tribnal
*:tinction of criminal liabilit% =ac5ittal@ shall not carr% the ci"il action with it
nless it is the basis for the decision
AR1ICL- 1;1 8 RFL-/ ON CIKIL LIA3ILI12
7 Article ;? !ars. ;, ?, H,N,> and Article ;;=B@ are not e:em!t from ci"il liabilit%
0irst rul*
7 Article ;? =;, ?, H@ U ci"il liabilit% de"ol"es to those who ha"e !arental or le$al
athorit% of them
/con# rul*
7 Article ;;=B@ U those who benefted from the harm !re"ented are ci"ill% liable
1hir# rul*
7 Article ;? =N M >@ U the !ersons casin$ the fear or sin$ "iolence are primaril
liable9 in their absence, those who acted are secondaril liable
AR1ICL-/ 1;2A1;3 8 /F3/I,IAR2 LIA3ILI12 O0 O1<-R $-R/ON/
,readin! matter)
AR1ICL-/ 1;4A1;D I111 8 0ORM/ O0 CIKIL LIA3ILI12 I O3LI=A1ION/
,readin! matter)
AR1ICL- 11; 8 /-K-RAL LIA3ILI1I-/ O0 $AR1ICI$AN1/ IN A CRIM-
3he !rinci!als, accom!lices, accessories shall ha"e se"eral liabilit%9 ths, the
o/ended !art% can as8 !a%ment from an% of them
In case of insol"enc% of the !rinci!al, the accom!lice is ne:t in line, and so on, if
the latter is also insol"ent
H
rd
!erson $ratitos re5ires !artici!ation 8nowled$e9 re5ires 8nowled$e on
his !art of the commission of the crime
AR1ICL- 112 I 113 8 -O1IN=FI/<M-N1 O0 CIKIL LIA3ILI12
F same as e+tin!uishment of contracts
NO!" #$%
1. b% !a%ment or !erformance
2. b% the loss of the thin$ de
3. b% condonation or remission of the debt
4. b% the confsion or mer$er of the ri$hts of the creditor and debtor
5. b% com!ensation
>. b% no"ation
NO!" #$%

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CRIMINAL LAW Page 1 of 149

Lecture & Recitation Notes Atty. Maximo Amurao

%pouse shold be the le!itimate husband or wife

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