1. A. Generality. Art 14 CC.

exception- heads of state and diplomatic reps by virtue of customary

law of nations.
Territoriality- extent of Phl territory Art 2 RPC, Art 1 Consti, exception- Art 2 RPC 1-5.
Prospectivity- Art 266 RPC. exception- where the new law is expressly made inapplicable to
pending actions and where offender is a habitual criminal.

B. Means they are committed:

Art 6. Consummated, Frustrated, and Attempted felonies. — Consummated felonies as well as

those which are frustrated and attempted, are punishable.
• A Felony is Consummated when all the elements necessary for its execution and accomplishment
are present;
and it is Frustrated when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of causes independent
of the will of the perpetrator.
There is an Attempt when the offender commences the commission of a felony directly or over
acts, and does not perform all the acts of execution which should produce the felony by reason of
some cause or accident other than this own spontaneous desistance.

According to their gravity:

Art. 9. Grave felonies, less grave felonies and light felonies. —

Grave felonies are those to which the law attaches the capital punishment or penalties which in any
of their periods are afflictive, in accordance with Art. 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum
period are correctional, in accordance with the above-mentioned Art..
Light felonies are those infractions of law for the commission of which a penalty of arrest menor or
a fine not exceeding 40,000 pesos or both; is provided.

2. A. “Generally, mala in se felonies are defined and penalized in the Revised Penal Code. When
the acts complained of are inherently immoral, they are deemed mala in se, even if they are
punished by a special law. Accordingly, criminal intent must be clearly established with the
other elements of the crime; otherwise, no crime is committed. On the other hand, in crimes that
are mala prohibita, the criminal acts are not inherently immoral but become punishable only
because the law says they are forbidden. With these crimes, the sole issue is whether the law has
been violated. Criminal intent is not necessary where the acts are prohibited for reasons of
public policy.”

B.

Justifying Circumstance Exempting Circumstance

It affects the act not the actor. It affects the actor not the act.

The act is considered to have been done within The act complained of is actually wrongful, but
the bounds of law; hence, legitimate and lawful the actor is not liable.
in the eyes of the law.

Since the act is considered lawful, there is no Since the act complained of is actually wrong
 crime. there is a crime but since the actor acted without
voluntariness, there is no dolo nor culpa.

Contemplates unintentional acts and hence, are May be invoked in culpable felony
incompatible with dolo

3. Art. 11. Justifying circumstances. — The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following circumstances
concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and
those consanguinity within the fourth civil degree, provided that the first and second requisites
prescribed in the next preceding circumstance are present, and the further requisite, in case the
revocation was given by the person attacked, that the one making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and
second requisites mentioned in the first circumstance of this Art. are present and that the person
defending be not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another,
provided that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it. 5. Any person who
acts in the fulfillment of a duty or in the lawful exercise of a
right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from
criminal liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave without first obtaining the
permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this
Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his
family who shall be charged with his surveillance and education otherwise, he shall be committed to
the care of some institution or person mentioned in said Art. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.

4. A. A can invoked intoxication as mitigating circumstances .To be mitigating, the accused’s

state of intoxication must be proved. Once intoxication is established by satisfactory evidence,
in the absence of proof to the contrary, it is presumed to be non-habitual or unintentional.

B. No. Art 4 (1) 1. By any person committing a felony (delito) although the wrongful act done
be different from that which he intended.

C. Pedro- Art 17 (2). principal by induction. Murder qualified by treachery

Juana- Murder with robbery

5. A. A is an accomplice. Art 18 Accomplices are those persons who, not being included in Art.
17, cooperate in the execution of the offense by previous or simultaneous acts.

B. No. N is a principal by direct participation Art 17 (1) Those who take a direct part in the
execution of the act. or accomplice? HAHAHAHAH

C. No. Art 14 (16) There is treachery when the offender commits any of the crimes against the
person, employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which the
offended party might make. In the case at bar, Z had a chance to defend himself.

6. A. Art 14 Aggra. Par(3,6,15,16)

(3) committed in the dwelling of the offended party

(6) committed at night time
(15) That advantage be taken of superior strength, or means be employed to weaken the defense.
(16) That the act be committed with treachery (alevosia).

B. Yes. they have the same view for the furtherance of the common design or purpose proven
impliedly by simultaneous gun fire.

7. Yes. Under the rule on foreign merchant vessel (English rule), crimes committed aboard a
vessel within the territorial waters of a country are triable in the courts of such country since it
affects the peace and security of our country. In the case at bar, the crime was committed on the
high seas in a Panamanian-registered vessel and not within the territorial water of the
Philippines and its does not affect our peace and security. therefor, our country has No
jurisdiction over the case.

8. A. The Distinctions between generic aggravating circumstances and qualifying aggravating

circumstances;
Generic aggravating increase the penalty which should be imposed upon the accused to the
maximum period but without exceeding the limit prescribed by law, and may be offset by an
ordinary mitigating circumstance since it is not an ingredient of the crime.
Qualifying aggravating gives the crime its proper and exclusive name and places the author
thereof in such a situation as to deserve no other penalty than that specially described by law for
said crime, and cannot be offset by a mitigating circumstance since it is considered an ingredient of
the crime.

B. Generic- applies to all crimes and can be offset by mitigating circumstances;

Specific- applies only to particular crimes and cannot be offset by mitigating circumstances;
Qualifying- those that changes the nature of the crime to a grave one, or bring about penalty next
higher in degree;
Inherent- those that must of necessity accompany the commission of the crime.

9. A. Requisites of voluntary surrender

That the offender had not been actually arrested.
That the offender surrendered himself to person in authority or to the latter’s agent.
That the surrender was voluntary.

B. Yes, According to Article 15 of RPC, relationship shall be taken consideration when the
offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister,
or relative by affinity in the same degree of the offender.

C. If crimes against property mit, while crimes against persons aggra.

10. A. Mit. (1) If intoxication is not habitual or (2) if intoxication is not subsequent to the plan to
commit a felony, while aggra. (1) if intoxication is habitual, or (2) if it is intentional (subsequent to
the plan to commit

B. Yes, a privilege mitigating can offset qualifying aggravating in the case of people vs marivic
genosa. the accused shot the victim with a firearm while the latter was sleeping; accused invoked
the battered woman syndrome; court upheld the penalty from RP to RT because of the presence of a
priv. mit. (battered woman syndrome)

C. Mit. (1) If intoxication is not habitual or (2) if intoxication is not subsequent to the plan to
commit a felony, while aggra. (1) if intoxication is habitual, or (2) if it is intentional (subsequent to
the plan to commit a felony

D. Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17,
cooperate in the execution of the offense by previous or simultaneous acts.

MUST TOPICS;
--tension
justifying
-one
-PaLoReMeCoNo
within
by direct
mit.territorial
building
one
-participation
noaggrav
criminal
jurisdiction
ARP * off
and
or
(NOWMOWNIKS)
set
by
civil
inducement
liability
- if a priv
Accomplice
exempting
-one
payment
-acute
stages: crime
battery/ing
1. mit.
marking
-isnocommitted
one
criminal
generic
of evidences
liability,
onaggrav
board
towith
*be
ofless
aseized
civil
vessel,
oneliability
degree,
at the
the vessel
crime
but max
scene
mustperiod
be registered in the BOC in order for
-philippine
aggravating
-one
loss
-tranquil
2.by
taking
indispensible
qualifying
loving
into
laws
- custody
plus
to
aggrav
and
cooperation
be
1 condonation
applicable)
ofone
theordinary
seized evidence
mit *plusand 1 degree
taking but
the minimum
drug specimen
or medium
to the drug
period
lab(depends
for
Accessory
mitigating
on
remissik
examination
the modif.circum
- minus
and scrutinized
1 attending labelling
the crime)
- harboring,
alternative
-two
merger
3. releasing
mit, one- of
concealing
either
qualifying
results
mitigating
ofwith
the
aggrav
drug
benefit
or *aggravating.
specimen
minimum
to the crime
bought
periodcommitted.
for
butscrutiny
plus 1 degree
condonation
4. formal offer of evidence of the drug seized in court 1. wh
novation at is
annulment
*a break in the chain of custody shall lead to the dismissal of the case ** PNP and PDEA are
rescission
allowed as well as the NBI, provided that such operation is in line with the proper procedure
prescription
of drug seizure(entrapment not instigation)
felony? -acts or omissions punishable by law .

2. Territoriality principle

3. principal

4. Modifying circumstances

5. penalties
DEATH
*suspended
RP
RT
PM
PC
A. MAYOR
A. MENOR FINE

6. Art 64 onwards

7. memorize art 71 (graduation of penalties; scales of penalties)

8. art 100 -every person criminally liable shall also be civilly liable.

9. Modes of Extinguishment of Crim Liab.

10. Stages of BWS

*see people vs marivic genosa. the accused shot the victim with a firearm while the latter
was sleeping; accused invoked the battered woman syndrome; court upheld the penalty from RP to
RT because of the presence of a priv. mit. (battered woman syndrome)

11. RA 9165 Chain of Custody refers to the procedure of securing and accounting of the evidences
seized to prove that there is a violation of 9165