NNY’s Reviewer 5.
Should commit any of the crimes against national security
Criminal Law Book 1
SAN BEDA LAW
OBJECTIVES
Article 1. Time when Act takes effect. — This Code shall take effect on
the first day of January, nineteen hundred and thirty-two.
Two Theories in Criminal Law
1. The classical theory
2. Positivist theory
Characteristics of CT
1. The basis of CL is human free will and the purpose of the penalty is
retribution.
2. The man is essentially a moral creature with an absolutely free will
to choose between god and evil, thereby placing more stress upon
the effect or result of the felonious act that upon the man, the
criminal himself.
3. It has endeavored to establish a mechanical and direct proportion
between crime and penalty.
4. There is a scant regard to the human element.
Art. 2. Application of its provisions. — Except as provided in the
treaties and laws of preferential application, the provisions of this
Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or
airship
2. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;chan robles virtual law
library
3. Should be liable for acts connected with the introduction
into these islands of the obligations and securities mentioned
in the presiding number;
4. While being public officers or employees, should commit an
offense in the exercise of their functions; or
and the law of nations, defined in Title One of Book Two of this
Code.
French rule
- Such crimes are not triable in the courts of that country, unless their
commission affects the peace and security of the territory or the safety of
the state is endangered.
English rule
- Such crimes are triable in that country, unless they merely affect things
within the vessel or they refer to the internal management thereof.
FELONIES AND CIRCUMSTANCES
WHICH  AFFECT CRIMINAL LIABILITY
Art. 3. Definitions. — Acts and omissions punishable by law are
felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by
means of fault (culpa).
There is deceit when the act is performed with deliberate intent and
there is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
Felonies
- Are acts and omissions punishable by the revised penal code.
Elements of felonies:
1. That there must be an act or omission.
2. That the act or omission must be punishable by the Revised Penal
Code.
3. That the act is performed or the omission incurred by means of
Dolo or Culpa.
Act
- Any bodily movement tending to produce some effect in the
external world, it being unnecessary that the same be actually
produced, as the possibility of its production is sufficient.
Omission
 - Is meant inaction, the failure to perform a positive duty which one is Requisites of culpable Faelonies:
bound to do. 1. FREEDOM – without this, he is no longer a human being but a tool
2. INTELLIGENCE – necessary to determine morality of human acts
3. He is IMPRUDENCE, NEGLIGENCE, LACK OF FORESIGHT OR
Classification of felonies:
SKILL while doing the act or omitting to do an the act.
1. Intentional Felonies
- The act or omission of the offender is malicious.
2. Culpable Felonies Mala in se/Mala Prohibita
- The act or omission of the offender is not malicious.  Mala in se – wrongful in nature; inherently immoral (i.e. rape, theft,
- Unintentional. murder)
 There must be criminal intent
Imprudence- indicates a deficiency of action.
Negligence
 Mala Prohibita – wrong merely because prohibited by statute;
- indicates a deficiency in perception.
punished by special law (i.e. illegal possession of firearms)
Requisites of dolo  it is sufficient if the prohibited act was intentionally
1. FREEDOM – without this, he is no longer a human being but a tool done
2. INTELLIGENCE – necessary to determine morality of human acts  Good faith and absence of criminal intent are not
3. INTENT – to commit the act with malice valid defenses in crimes punished by special laws
Motive and Intent
Mistake of fact (ignorantia facti excusat)  Motive – moving power which impels one to action for a definite result
- Misapprehension of fact on the part of the person who caused injury  Relevant if identity of accused is in dispute
to another.  Existence however is not sufficient proof of guilt
 Intent – purpose to use a particular means to effect such result
Requisites:
1. Act done would have been lawful had the facts been accused
believed them to be
2. Intention should be lawful
3. Mistake should be without fault or carelessness on the part of
the accused.

Actus non facit reum nisi mens sit rea

“ the act itself does not make a man guilty unless his intention were so”

Actus me invite factus non est meus actus

“an act done by me against my will is not my act”
 - Means that there is a rational connection between the act of the
accused and the resulting injury or damage.

Art. 4. Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the
wrongful act done be different from that which he intended.
2. By any person performing an act which would be an offense
against persons or property, were it not for the inherent
impossibility of its accomplishment or an account of the Impossible Crimes – commission is indicative of a criminal propensity or
employment of inadequate or ineffectual means. tendency on the part of the actor.

El que es causa de la causa es causa de mal causado – he who is the Requisites of IC

cause of the cause is the cause of the evil caused. 1. Act is an offense against persons/property
2. With evil intent
Error in personae 3. Accomplishment is inherently impossible or means employed is either
-a mistake in the identity of the victim inadequate or ineffectual.
4. Act should not constitute a violation of another provision of the RPC
Aberratio ictus- misateke in the blow
Felonies against persons are:
Praeter intentionem- injuries result in greater than that intended. a. Parricide
b. Murder
Requisites of PAR 1: c. Homicide
1. Intentional felony has been commmited. d. Infanticide
2. Wrong done to the aggrieved party be the direct, natural and logical e. Abortion
consequence of the felony committed by the offender. f. Duel
g. Physical Injuries
Proximate cause h. Rape
– that cause, which, in natural and continuous sequence, unbroken
by any efficient intervening cause produces the injury, and without Felonies against property:
which the result would not have occurred a. Robbery
b. Brigandage
Natural c. Theft
- Refers to an occurrence on the ordinary course of human life or d. Usurpation
events e. Culpable insolvency
Logical f. Swindling and other deceits
g. Chattel mortgage
 h. Arson and other crimes involving destruction
i. Malicious mischief.
Art. 5. Duty of the court in connection with acts which should be
repressed but which are not covered by the law, and in cases of
excessivepenalties. — Whenever a court has knowledge of any act
which it may deem proper to repress and which is not punishable by
law, it shall render the proper decision, and shall report to the Chief
Executive, through the Department of Justice, the reasons which
induce the court to believe that said act should be made the subject
of legislation.
In the same way, the court shall submit to the Chief Executive,
through the Department of Justice, such statement as may be
deemed proper, without suspending the execution of the sentence,
when a strict enforcement of the provisions of this Code would result
in the imposition of a clearly excessive penalty, taking into
consideration the degree of malice and the injury caused by the
offense.
1st PAR:
1. The act commited by the accused appears not punishable by any
law.
2. But the court deems it proper to repress such act.
3. The court must render the proper decision by dismissing the case
and aquitting the accused.
4. The judge must then make a report to the CE, through the sec of
Justice, stating reasons which induce him to believe that the said
act should be made the subject of penal legislation.
Basis:
“Nullum crimen, nulla poena sine lege “
there is no crim if there is no law that punishes the act.
2nd PAR:
1. The court after trail finds the accused guilty.
2. The penalty provided by law and which the court imposes for the
crime committed appears to be clearly excessive because
a. The accused acted with lesses degree of malice
b. There is no injury or the injury caused is of lesses gravity.
3. The court should not suspend the execution of the sentence
4. The judge should submit a statement to the CE, through the
secretary of justice, recommending executive clemency.
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.
Stages of execution:
Consummated felony
- When all the elements necessary for its execution and
accomplishment are present.
Frustrated felony
- 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 wil of the
perpetrator.
Elements:
1. Offender performs all acts of execution
2. All the acts would produce the felony as consequence
3. But felony is not produced
4. By reason or cause independent of his will
Attempted felony
- When the offender commences the commission of a felony directly
by overt acts and does not perform all the acts of execution which
should produce the felony by reason of some cause or accident
other that his own spontaneous desistance.
 which would produce directly by overt acts
Elements: the felony as a and does not perform all
1. The offender commences the commission of the felony directly by consequence. the acts of execution.
overt acts.
2. He does not perform all the acts of execution which should produce
the felony Attempted/Frustrated Impossible crime
3. The offender’s act is not stopped by his own spontaneous The evil intent of the offender is not accomplished.
desistance The evil intent is It cannot be
4. The non performance of all acts of execution was due to cause or possible of accomplished
accident other than his spontaneous desistance. accomplishment
Prevented by the The means employed by
Overt acts intervention of certain the offender is
- Some physical activity or deed, indicating the intention to commit a cause or accident in inadequate or
particular crime, more than a mere planning or preparation, which if which the offender had ineffectual.
carried to its complete termination following its natural course, no part.
without being frustrated by external obstacles nor by the voluntary
desistance of the perpetrator, will logically and necessarily ripen How to determine whether it is A, F or C?
into a concrete offense 1. The nature of the offense
2. The elements constituting the felony
Indeterminate offense 3. The manner of committing.
- Where the purpose of the offender in performing an act is not
certain.
Art. 7. When light felonies are punishable. — Light felonies are
Subjective phase punishable only when they have been consummated, with the
- The proportion of the acts constituting the crime, starting from the exception of those committed against person or property.
point where the offender begins the commission of the crime to the
point where he has till control over his acts, including their natural Light Felonies
course. - Those infractions of law for the commission of which the penalty of
arresto menor or fine not exceeding 200 pesos or both, is provided.
Development of crime:
1. Internal acts –mere ideas in the mind of a person LF punished by RPC
2. External acts 1. Slight physical injuries
a. Preparatory acts 2. Theft
b. Acts of execution. 3. Alteration of boundary remarks
4. Malicious mischief
Frustrated felony Attempted Felony 5. Intriguing against honor.
Offender has not accomplished his criminal
purpose
The offender performed Merely commences the
all the acts of execution commission of a felony
 Light felonies are those infractions of law for the commission of
which a penalty of arrest menor or a fine not exceeding 200 pesos or
both; is provided.

Classification of felonies acc to their gravity

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and 1. Grave felonies
proposal to commit felony are punishable only in the cases in which 2. Less grave felonies
the law specially provides a penalty therefor. 3. Light felonies
A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it. Afflictive Penalties
There is proposal when the person who has decided to commit a
felony proposes its execution to some other person or persons. o Reclusion perpetua
o Reclusion temporal
o Perpetual/temporary absolute disqualification
Requisites of conspiracy: o Perpetual/temporary special disqualification
1. That 2 or more persons came to an agreement.
o Prison mayor
2. That the agreement concerned the commission of a felony
3. The execution of the felony be decided upon. Correctional penalties

Conspiracy punished by law: o Prison correccional

1. to commit treason (also proposal) o Arresto mayor
2. to commit coup d’état, rebellion or insurrection (also proposal) o Suspension
3. to commit sedition o Destierro
4. in monopolies and combinations in restraint of trade
Requisites of proposal:
1. A person has decided to commit a felony.
Art. 10. Offenses not subject to the provisions of this Code. —
2. That he proposes its execution to some other person/persons.
Offenses which are or in the future may be punishable under special
laws are not subject to the provisions of this Code. This Code shall be
Art. 9. Grave felonies, less grave felonies and light felonies. —
supplementary to such laws, unless the latter should specially
provide the contrary. 
Grave felonies are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive, in
2 clauses:
accordance with Art. 25 of this Code.
1. Offenses under special laws are not subject to the provisions of the
code.
Less grave felonies are those which the law punishes with penalties
2. Makes code supplementary to such laws.
which in their maximum period are correctional, in accordance with
 
the above-mentioned Art.
Special law
- A penal law which punishes acts not defined and penalized by the
Penal code.
 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.
Chapter Two
JUSTIFYING CIRCUMSTANCES 2. Any one who acts in defense of the person or rights of his
AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY 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
Imputability degree, provided that the first and second requisites
- Is the quality by which an act may be ascribed to a person as its prescribed in the next preceding circumstance are present,
author or owner. and the further requisite, in case the revocation was given by
the person attacked, that the one making defense had no part
Responsibility therein.
- The obligation of suffering the consequences of crime.
3.Anyone who acts in defense of the person or rights of a
Imputability Responsibility stranger, provided that the first and second requisites
Implies a deed may be Implies that the person mentioned in the first circumstance of this Art. are present and
imputed to a person must take the that the person defending be not induced by revenge,
consequence of such a resentment, or other evil motive.
deed.
4. Any person who, in order to avoid an evil or injury, does not
Guilt act which causes damage to another, provided that the
- an element of responsibility, for a man cannot be made to answer following requisites are present; 
for the consequences of a crime unless he is guilty.  
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done
Justifying circumstances to avoid it;
- are those where the act of a person is said to be in accordance Third. That there be no other practical and less harmful
with law, so that such perosin is deemed not have transgressed the means of preventing it.
law and is free from both criminal and civil liability. 5.Any person who acts in the fulfillment of a duty or in the
lawful exercise of a right or office.
Art. 11. Justifying circumstances. — The following do not incur any
criminal liability:  6.Any person who acts in obedience to an order issued by a
  superior for some lawful purpose.
PAR 1: 3RD requisite considered present:
Anyone who acts in defense of his person or rights, provided that 1. When no provocation at all was given to the aggressor by the
the following circumstances concur;  person defending himself.
  2. When, even if a provocation was given, it was not sufficient
First. Unlawful aggression. 3. When, even if the provocation was sufficient, it was not given by the
Second. Reasonable necessity of the means employed to person defending himself.
prevent or repel it.
Third. Lack of sufficient provocation on the part of the
person defending himself.
Sufficiency of provocation
1. Means should be proportionate to the act of aggression
Requisites of self-defense 2. Adequate to stir the aggressor to its commission.
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it. Battered woman
3. Lack of sufficient provocation on the part of the person defending - Who is repeatedly subjected to any forceful physical or
himself. psychological behavior by a man in order to coerce her to do
something he wants her to do without concern for her rights.
2 kinds of aggression
1. Lawful Cycle of violence
2. Unlawful 1. The tension-building phase
- Verbal or slight physical abuse or another form of hostile behavior.
Unlawful aggression 2. The acute battering incident
- Equivalent to assault or at least threatened assault of an immediate - Brutality, destructiveness and sometimes, death.
and imminent kind. 3. The tranquil, loving phase.

Perils to one’s life

1. Actual
- that the danger must be present, that is, actually in existence.
2. Imminent
- that the danger is on the point of happening.
The reasonableness of the necessity depends upon:
1. Necessity of the course of action taken.
a. Place and occasion of the assault considered.
2. Necessity of the means used.
PAR 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.

The test of reasonableness of the means used: Relatives that can be defended
1. The nature and quality of the weapons 1. Spouse
2. Physical condition, character and size. 2. Ascendants
3. Other circumstances considered. 3. Descendants
 4. Legitimate, natural or adopted brothers and sisters or relatives by
affinity in the same degrees.
5. Relatives by consanguinity within the 4th civil degree.

Requisites of defense of relatives:

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it.
3. In case the provocation was given by the person attacked, the one
making a defense had no part therein.

PAR 3: PAR 5:
Anyone who acts in defense of the person or rights of a stranger, provided Any person who acts in the fulfillment of a duty or in the lawful
that the first and second requisites mentioned in the first circumstance of exercise of a right or office.
this Art. are present and that the person defending be not induced by
revenge, resentment, or other evil motive.

1. Unlawful aggression Requisites:

2. Reasonable necessity of the means employed to prevent or repel it.
3. The person defending be not induced by revenge, resentment, or
other evil motive.
Strangers
- Any person not included in the enumeration of relatives mentioned
in par2 of this article.
PAR 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;  property.
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.
Requisites:
1. That the evil sought to be avoided actually exists.
2. That the injury feared be greater than that done to avoid it.
3. That there be no other practical and less harmful means of
preventing it.
1. That the accused acted in performance of a duty or in the lawful
exercise of a right or office.
2. That the injury caused or the offense committed be the necessary
consequence of the due performance of duty or lawful exercise of
such right or office.
Doctrine of self help
Art. 429. The owner or lawful possessor of a thing has the right to exclude
any person from the enjoyment and disposal thereof. For this purpose, he
may use such force as may be reasonably necessary to repel or prevent an
actual or threatened unlawful physical invasion or usurpation of his
PAR 6:
Any person who acts in obedience to an order issued by a superior
for some lawful purpose.
Requisites:
1. That an order has been issued by a superior
2. That such order must be for some lawful purpose.
3. That the means used by the subordinate to carry out said order is
lawful.

Exempting circumstances
- Are those grounds for exemption from punishment because there is
wanting in the agent of the crime of the conditions which make the
act are voluntary or negligent.
Basis:
 on complete absence of intelligence, freedom of action, or intent, or on
the absence of negligence on the part of the accused.
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.
PAR 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.
Imbecile Insanity
Exempt in all cases from Not so exempt if it can
criminal liability be shown that he acted
during lucid interval.
Imbecile
- one who, while advanced in age, has a mental development
comparable to that of children between 2 and 7 years of age.
- Within Art 12 one who is deprived completely of reason or
discernment and freedom of the will at the time of committing the
crime.
Insanity
- There is a complete deprivation of intelligence in committing the act,
that is, the accused is deprived of reason, he acts without the least
discernment because there is a complete absence of the power to
discern or that is total deprivation of freedom of the will.
Insanity at the time of Insanity at the time of
 the commission of the trial. - Such capacity may be known and should be determined by taking
felony into consideration all the facts and circumstances afforded by the
Exempt from criminal Criminal liable. records
liability  In each case
 The very appearance
 The very attitude
Basis:  The very comportment
Complete absence of intelligence  And behavior of said minor
- Not only before and during the commission of the act, but also after
and even during the trial.

PAR 2: Intent Discernment

A person under nine years of age. Desired act of the Relates to the moral
person significance that a
RA 9344 person ascribes to the
“Juvenile Justice and Welfare Act of 2006” said act.
Raised the age of absolute irresponsibility from 9 to 15 years of age.
Discernment may be shown:
Basis: absence of intelligence.
1. Manner of committing the crime
2. Conduct of offender
PAR 3:
Basis: absence of intelligence
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
PAR 4:
accordance with the provisions of Art. 80 of this Code.
Any person who, while performing a lawful act with due care, causes an
injury by mere accident without fault or intention of causing it.
When such minor is adjudged to be criminally irresponsible, the court, in
conformably with the provisions of this and the preceding paragraph, shall
Elements:
commit him to the care and custody of his family who shall be charged with
1. A person is performing a lawful act
his surveillance and education otherwise, he shall be committed to the care
2. With due care
of some institution or person mentioned in said Art. 80.
3. He causes an injury to another by mere accident
4. Without fault or intention of causing it.
Periods of criminal responsibility
1. Absolute irresponsibility
2. Conditional responsibility
Accident
3. Full responsibility
- Something that happen outside the sway of our will, and although it
4. Mitigated responsibility
comes about through some act of our will, lies beyond the bounds
of humanly foreseeable consequences.
Discernment
- Who commits an act prohibited by law, is his mental capacity to
Negligence
understand the difference between right and wrong
And
 - The failure to observe, for the protection of the interest of another force to compel another compelling another to
person, that degree of care, precaution and vigilance which person to commit a commit a crime.
circumstances justly demand without which such other person crime.
suffers injury.

Basis: lack of negligence and intent.

Basis: complete absence of freedom

PAR 5:
Any person who acts under the compulsion of an irresistible force. PAR 7:
Any person who fails to perform an act required by law, when prevented by
Basis: complete absence of freedom. some lawful or insuperable cause.

Elements: Elements:
1. The compulsion is by means of physical force 1. That an act is required by law to be done.
2. The physical force must be irresistible 2. That a person fails to perform such act
3. Physical force must come from a third person. 3. That his failure to perform such act was due to some lawful or
insuperable cause.
PAR 6:
Any person who acts under the impulse of an uncontrollable fear of an Basis: he acts without intent.
equal or greater injury.
Absolutory causes
Elements: - Those where the act committed is a crime but for reasons of public
1. The threat which causes the fear is of greater than or at least equal policy and sentiment there is no penalty imposed.
to, that which is required to commit.
2. That it promises an evil of such gravity and imminence that the Instigation Entrapment
ordinary man would have succumbed it. The instigator practically Ways and means are
induces the would be resorted to for the
Requisites of uncontrollable fear: accused into the purpose of trapping and
1. Existence of an uncontrollable fear commission of the capturing the lawbreaker
2. The fear must be real and real imminent offense and himself in the execution of
3. Fear of an injury is greater than or at least equal to that committed. becomes co principal. criminal plan
The accused must be No bar to the
acquitted prosecution and
Irresistible force Uncontrollable fear conviction of the
The offender uses The offender employs lawbreaker.
violence or physical intimidation or threat in
 The law enforcer The means originates Article 69. Penalty to be imposed when the crime committed is not
conceives the from the mind of the wholly excusable. - A penalty lower by one or two degrees than that
commission of the crime criminal prescribed by law shall be imposed if the deed is not wholly
and suggest to the excusable by reason of the lack of some of the conditions required
accused who adopts the to justify the same or to exempt from criminal liability in the several
idea and carries it into cases mentioned in article 11 and 12, provided that the majority of
execution such conditions be present. The courts shall impose the penalty in
the period which may be deemed proper, in view of the number and
nature of the conditions of exemption present or lacking.

Article 64. Rules for the application of penalties which contain three

periods. - In cases in which the penalties prescribed by law contain
three periods, whether it be a single divisible penalty or composed
Mitigating circumstances of three different penalties, each one of which forms a period in
- Are those which, if present in the commission of the crime, do not accordance with the provisions of articles 76 and 77, the courts
entirely free the actor from criminal liability, but serve only to reduce shall observe for the application of the penalty the following rules,
the penalty. according to whether there are or are no mitigating or aggravating
circumstances:
Classes of Mitigating
1. Ordinary mitigating 5. When there are two or more mitigating circumstances and no
– those enumerated in subsections 1 to 10 of Article 13 aggravating circumstances are present, the court shall impose the
penalty next lower to that prescribed by law, in the period that it
2. Privileged mitigating may deem applicable, according to the number and nature of such
circumstances.
Article 68. Penalty to be imposed upon a person under eighteen
years of age. - When the offender is a minor under eighteen years
and his case is one coming under the provisions of the paragraph
next to the last of article 80 of this Code, the following rules shall be Ordinary Mitigating Privileged Mitigating
observed: Susceptible of being Cannot be offset by
offset by any aggravating
1. Upon a person under fifteen but over nine years of age, who is aggravating circumstance.
not exempted from liability by reason of the court having declared Produces only the effect Produces the effect of
that he acted with discernment, a discretionary penalty shall be of applying the penalty imposing upon the
imposed, but always lower by two degrees at least than that provided by law for the offender the penalty
prescribed by law for the crime which he committed. crime in its minimum lower by one or two
period, in case of degrees than that
2. Upon a person over fifteen and under eighteen years of age the divisible penalty provided by law for the
penalty next lower than that prescribed by law shall be imposed, but crime
always in the proper period.

Chapter Three
CIRCUMSTANCES WHICH MITIGATE  CRIMINAL LIABILITY
Art. 13. Mitigating circumstances. — The following are mitigating
circumstances;
1. Those mentioned in the preceding chapter, when all the
requisites necessary to justify or to exempt from criminal
liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over
seventy years. In the case of the minor, he shall be
proceeded against in accordance with the provisions of Art.
80.
3. That the offender had no intention to commit so grave a
wrong as that committed.
4. That sufficient provocation or threat on the part of the
offended party immediately preceded the act.
5. That the act was committed in the immediate vindication of
a grave offense to the one committing the felony (delito),
his spouse, ascendants, or relatives by affinity within the
same degrees.
6. That of having acted upon an impulse so powerful as
naturally to have produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a
person in authority or his agents, or that he had voluntarily
confessed his guilt before the court prior to the
presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise
suffering some physical defect which thus restricts his
means of action, defense, or communications with his
fellow beings.
9. Such illness of the offender as would diminish the exercise
of the will-power of the offender without however depriving
him of the consciousness of his acts.chan robles virtual
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10. And, finally, any other circumstances of a similar nature
and analogous to those above mentioned.
PAR 2:
T hat the offender is under eighteen year of age or over seventy years. In
the case of the minor, he shall be proceeded against in accordance with
the provisions of Art. 80.
Diversion
- Refers to an alternative, child- appropriate process of determining
the responsibility and treatment of a child in conflict with the law on
the bases of his/her social, cultural, economic, psychological or
educational background without resulting to formal court
proceedings.
Diversion program
- Refers to the program that the child in conflict with the law is
required to undergo after he/she is found responsible for an offense
without resorting to formal court proceedings.
- Basis: diminution of intelligence
PAR 3:
That the offender had no intention to commit so grave a wrong as that self-defense
committed. It pertains to its absence It pertains to its
on the part of the person presence on the part of
Things to be considered to show that the accused intended the defending himself the offended party.
wrong committed:
1. Weapon used Basis: diminution of intelligence and intent
2. The part of the body injured
3. The inflicted
4. The manner it is inflicted

Unintentional abortion
- Committed by any person who, by violence, shall cause the killing
of the foetus in the uterus or the violent expulsion of the foetus from
the maternal womb, causing its death, but unintentionally.
PAR 4:
PAR 5:
That the act was committed in the immediate vindication of a grave offense
to the one committing the felony (delito), his spouse, ascendants, or
relatives by affinity within the same degrees.

That sufficient provocation or threat on the part of the offended party Requisites:
immediately preceded the act. 1. That there be a grave offense done to the one committing the
felony, his spouse, ascendants, descendants, legitimate, natural or
Provocation adopted brothers or sisters, or relatives by affinity within the same
- Any unjust or improper conduct or act of the offended party, degrees.
capable of exciting, inciting or irritating any one. 2. That the felony is committed in vindication of such grave offense.
A lapse of time is allowed between the vindication and the doing of
Requisites: the grave offense.
1. Provocation must be sufficient
2. The act constituting the provocation Grave offense
3. The social standing of the person provoked - Includes any act that is offensive to the offender or his relatives and
4. The place and time when the provocation is made the same need not be unlawful.
a. It must originate from the offended party Provocation Vindication
b. The provocation must be personal and directed to the accused It is made directly only The grave offense may
c. The provocation must be immediate to the commission of the to the person committing be committed also
crime by the person who is provoked. the felony against the offender’s
relatives mentioned by
Sufficient law
- To excite a person to commit wrong and must accordingly be The case that brought The offended party must
proportionate to its gravity. about the provocation have done a grave
need not be a grave offense to the offender
Sufficient provocation as As a mitigating offense or his relatives
requisite of incomplete circumstance
 mentioned by law Cannot give rise to an irresistible force because
It is necessary that the The vindication of the irresistible force requires physical force.
provocation or threat grave offense may be Is in the offender himself Must come from a third
immediately preceded proximate which admits person
the act of an interval of time Must arise from lawful unlawful
It is mere spite against It concerns the honor of sentiments
the one giving the a person.
provocation or threat

Basis to determine gravity of offense in vindication:

1. .Social standing of the person
2. Place
3. Time when the insult was made Passion or obfuscation Provocation
Produced by an impulse Comes from the injured
Basis: diminution of the conditions of voluntariness. which may be caused by party
provocation
The offense need not be Immediately precede the
PAR 6: immediate commission of the crime

That of having acted upon an impulse so powerful as naturally to PAR 7:

have produced passion or obfuscation.
Requisites:
1. That there be an act, both unlawful and sufficient to produce such
condition of mind.
2. That said act which produces the obfuscation was not far removed
from the commission of the crime by a considerable length of time,
during which the perpetrator might recover his normal equanimity
3. The act causing such obfuscation was committed by the victim
himself.
That the offender had voluntarily surrendered himself to a person in
authority or his agents, or that he had voluntarily confessed his guilt
before the court prior to the presentation of the evidence for the
prosecution;
2 mitigating circumstances:
1. Voluntary surrender to a person in authority or his agents
2. Voluntary confession of guilt before the court prior to the
presentation of evidence for the prosecution

Excitement Requisites of voluntary surrender:

- Is the natural feeling of all persons engaged in a fight, especially 1. That the offender had not been actually arrested
those who had received a beating, and the impulse in that state is 2. That the offender surrendered himself to a person in authority or to
not considered in law so powerful as to produce obfuscation the latter’s agent
sufficient to mitigate liability. 3. That the surrender was voluntary.

Basis: diminution of intelligence and intent. Person in authority

- Is one who directly vested with jurisdiction, that is, a public officer
Passion or obfuscation Irresistible force who has the power to govern and execute the laws whether as an
Mitigating circumstance Exempting circumstance
 individual or as a member of some court or governmental
corporation or board or commission.
PAR 10:
Agent of a person in authority
- Is a person, who, by direct provision of the law, or by election or by And, finally, any other circumstances of a similar nature and analogous to
appointment by competent authority, is charged with maintenance those above mentioned.
of public order and the protection and security if life and property
and any person who comes to the aid of persons in authority.

When surrender is voluntary?

1. Must be spontaneous
2. Intent of the accused to submit himself unconditionally to the
authorities must either because
 He acknowledges his guilt
 He wishes to save them the trouble and expense necessarily
incurred in his search and capture.

Requisites of plea of guilty:

1. That the offender spontaneously confessed his guilt
2. That the confession of guilt was made in open court that is, before
the competent court that is to try the case.
3. That the confession of guilt was made prior to the presentation of
evidence for the prosecution.

PAR 8:

That the offender is deaf and dumb, blind or otherwise suffering some
physical defect which thus restricts his means of action, defense, or
communications with his fellow beings.

PAR 9:

Such illness of the offender as would diminish the exercise of the will-
power of the offender without however depriving him of the consciousness
of his acts.

Requisites:
1. That the illness of the offender must diminish the exercise of his
will-power
2. That such illness should not deprive the offender of consciousness
of his acts.