GENERAL PROVISIONS 1.

criminal law- a branch or division of law which defines crimes, treats of their nature, and provides for their punishment 2. penal laws- strictly construed against the government and liberally in favor of the accused except when the law is clear and unambiguous; the Spanish text shall be controlling over the English text because the Penal Code was approved by the Phil Legislature in the Spanish text 3. crime- an act committed or omitted in violation of a law forbidding or commanding it and to which is annexed upon conviction, either or a combination of the following punishments a. death b. imprisonment c. fine d. removal from office e. disqualification to hold or enjoy any office of honor trust or profit f. community service 4. no act is a crime unless made so by the law. The state has a. the right to declare which acts are criminal within well defined limitations b. which acts shall constitute prima facie evidence of guilt c. to put on the defendant the burden of showing such acts are innocent and not committed with criminal intent d. right of prosecution and punishment for a crime 5. Sources of Phil. Criminal Law: a. Revised Penal Code (Act No. 3815) b. Special laws penal in nature (Phil Commission, Phil Assembly, Phil Legislature, Batasang Pambansa, and Congress of the Philippines) c. Presidential Decrees by Ferdinand Marcos d. Executive Orders by Corazon Aquino 6. Aricle 3 Section 22 of the New Constitution: No Ex post facto law of bill of attainder shall be enacted 1. ex post facto- law that aggravates a crime or makes it greater when it was committed b. law that changes the punishment or inflicts a greater punishment that what the law annexed to the crime when committed c. law that alters the legal rules of evidence and requires less or different testimony from what the law requires at the time of commission d. law which deprives a person accused of a crime of some lawful protection which he's entitled to Requisites: must a. refer to a criminal matter b. retroactive in application c. prejudicial to the accused 2. Bill of attainder- a legislative act (by the Congress) which inflicts punishment without judicial trial THE REVISED PENAL CODE 1. Theories in Criminal Law: a. classical theory- man is considered as a rational being with absolute free will to choose between good and evil; if he commits a crime he shall be punished proportionate to the gravity or nature of the offense b. positivist theory- crime is a social phenomenon, it cannot be checked by abstract

principles of law and jurisprudence and by fixed punishments determined a priori, it must be by a thorough personal and individual investigation by competent body of psychiatrists and social scientists Article 1. Time when Act takes effect- This Code shall take effect on the first day of January 1932. -approved on December 8, 1930 Article 2. Application of its Provision.- Enforced not only in the Philippine Archipelago (Art. 1 of the 1986 Constitution) Except as provided in the treaties and laws of preferential application a. those who commit an offense while on a Philippine ship or airship b. those who forged or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the government c. acts connected with the introduction into these islands of the obligations and securities (all bonds, certificates of indebtedness, national bank notes, coupons, Philippine Notes, treasury notes etc and other representatives of value of whatever denomination, which may be issued under any act of the Phil Legislature) d. pubic officers or employees who should commit an offense in the exercise of their functions (Direct/ Indirect Bribery Art. 210/215, Frauds against public treasury 213, Malversation 217, Illegal use/ failure ot make delivery of public funds and property 220/ 221 etc) e. commit any of the crimes against national security and the law of nations (Treason Art. 114, Conspiracy and propsal to commit treason 115, espionage 117, violation of neutrality 119, flight to enemy's country 121 etc) PRINCIPLES 1. It is general.- shall be obligatory upon those who live or sojourn in Philippine territory Exceptions: a. Under International Law- not subject to the penal laws: Sovereigns and other Chief of States Ambassadors, minister plenipotentiary, ministers resident, and charges d'affaires b. By Treaty Stipulations- Bases Agreement with the United States granting the latter extra-territorial rights to try certain offenses perpetrated inside the military bases. 2. It is territorial- enforceable only within Philippine Archipelago including those mentioned in Article 2 3. It is prospective- penal law can be applied only for acts committed after its effectivity except when the retroactive application if the new law is more favorable to the accused but is not retroactive if: a. the new law is expressly made inapplicable to pending actions or existing causes of action b. offender is a habitual delinquent 4. Rules on Crimes committed on board foreign merchant vessels 1. French Rule- if a crime is committed on board

2.

a foreign merchant vessel while in the territorial waters of another country such crime is not triable in that country unless its commission affected the peace and security of that country English rule- when a foreign merchant vessel enters a foreign port and a crime is committed therein, local authorirty has jurisdiction over the case.

Article 3. 1. Felonies (delito)- commited by means of a. deceit (dolo) b. fault (culpa); acts or ommissions punishable by law, the Revised Penal Code. 2. Crime or offense- violations of the law which are punished by Special Laws 3. Act- external act which has a direct connection with the felony intended to be committed 4. omission- inability or failure to perform an act or duty required by law to be done 5. nullum crimen, nulla poena sine lege- there is no crime when there is no law punishing it 6. Deceit- act performed with deliberate intent, with malice. There is intent if the following requites are present in doing the act or omission: a. freedom b. intelligence c. intent 7. Fault- the wrongful act results from imprudence, negligence, lack of foresight or lack of skill, without malice, no intention to cause injury to the person property or rights of another 8. Mistake of fact- a misapprehension of fact on the part of the person who caused injury to another; Requisites: a. act done would have been lawful had the facts been as the accused believed them to be b. intention of the accused is lawful c. mistake must be without fault or carelessness on the part of the accused. 9. Mala prohibita- crimes punished by Special Laws. Intent is not necessary so good faith and lack of criminal intent are not a valid defense. 10. Mala in se- crimes punished by the Revised Penal Code. Intent is necessary. 11. Motive-is the cause or reason that moves the will and induces action. Important only when the identity of the culprit is in doubt. Article 4. Criminal Liability- Criminal Liabilty shall be incurred: 1. by any person committing a felony (delito) although the wrongful act done be different from that which he intended. el que es causa de la causa es causa del mal causado- he who is the cause of the cause is the cause of the evil cause Causes to produce a felony different from that which he intended: a. mistake in the identity of the victim b. mistake in the blow c. act exceeds the intent a person committing a felony is also for all the natural, logical consequences of the felony committed 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 on account of the employment of inadequate or ineffectual means. Impossible crime- is committed by any perosn performing an act which would be ab offense against person or property were it not for the inherent impossibilty of its accomplishment ; should be against persons (PPRADHIM: parricide, physical injuries, rape, abortion, duel, homicide, infanticide, murder) and property (BRUTSCCAM: brigandage, robbery, usurpation, theft, swindling and other forms of deceit, chattel mortgage, culpable insolvency, arson and other forms of destruction, malicious mischiefs) Penalty for Impossible Crime- arresto mayor and a fine from 200 to 500 Article 5. Duties of the Court. 1. with acts which should be repressed but which are not covered by the law: nullum crimen nulla poena sine lege 1. render the proper decision, acquit the accused 2. report to the Chief Executive through the Dept. of Justice the reason which induce the court to believe that said act should be made subject of penal legislation 2. in case of repressive penalties 1. the court shall not suspend the execution of the sentence 2. submit to the Chief Executive through the Dept. of Justice such statement that a strcit enforcement of the provision of the Revised Penal Code would result to a claearly excessive penalty considering the degree of malice and the injury caused by the offense. Article 6. Consummated, frustrated and attempted felonies. 1. attempted felony requisites 1. commences the commission of the felony directly by overt acts overt act- an outward act done in pursuance and manifestation of an intent or design; direct connection with the crime intended to be committed; offender must personally execute the act internal act- planning and determination are beyond the sphere of penal law; preparatory acts are not punishable except when considered as independent crimes such as possession of pick locks and false keys, possession of implements for committing falsification 2. does not perform all the acts of execution which produce the felony 3. act is not stopped by his own spontaneous desistance 4. felony is not produced by reason of some cause or accident other that his own spontaneous desistance 2. frustrated felony requisites 1. perfomed all the acts of execution which would produce the felony 2. felony is not produced due to causes

independent of the will of the perpetrator 3. consummated felony- all elements necessary for its execution and accomplishment are present Article 7. Light Felonies are punishable. Are only punishable when they are consummated except when committed against persons (slight physical injuries or maltreatment) or property (theft by hunting or fishing where the value does not exceed P5, altering boundaries or landmarks, malicious mischief where thing does not exceed P200 or cannot be determined, intriguing against honor). Article 8. Conspiracy and Proposal to Commit a Felony are only punishable in cases when the law specially provides a penalty. a. conspiracy- exists when two or more persons come to an agreement to commit a felony and decide to commit it b. proposal- the person who has decided to commit a felony proposes its execution to some other person or persons Art. 115. Conspiracy and proposal to commit treason. Punished by: conspiracy- prision mayor and a fine not exceeding P10,000. Proposal- prision correccional and a fine not exceeding P5,000 Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. Punished by: rebellion or insurrection- prision correccional in its max period a fine not exceeding P5,000; coup d'etat- prision mayor in its min period P8,000 Art. 141. Conspiracy to commit sedition. Prision mayor in its medium period P2,000 Article 9. Grave felonies, Less grave felonies, and Light felonies Grave felonies- law attaches the capital punishment or penalties wich in any of their periods are afflictive (murder, homicide) Less grave felonies- la wpunishes with penalties which are correccional in their maximum period (adultery, less physical injuries) Light felonies- penalty is arresto menor or a fine not exceeding 200 pesos, or both (slight physical injuries) Afflictive penalties: 1. Reclusion perpetua- 20 yrs. & 1 day to 40 yrs 2. Reclusion temporal- 12 yrs. & 1 day to 20 yrs 3. Perpetual or temporary absolute disqualification 4. Perpetual or temporary special disqualification 5. Prision mayor- 6 yrs & 1 to 12 yrs Correccional penalties: 1. Prision correccional- 6 mos & 1 day to 6 yrs 2. Arresto mayor- 1 mo & 1 day to 6 mos 3. Suspension 4. Destierro- accused is not detained *Arresto menor- 1 day to 30 days

Article 10. Offenses not subject to the provisions of this Code offenses which are or may be punishable by special laws This Code shall be supplementary to special laws Special law- statute passed by Congress, penal in nature which is not an amendment of the RPC Supplementary: a. Art. 22- retroactive effect of penal laws b. Art. 17- participation of the principal in the commission of the crime c. Art. 100 & 39- indemnity and subsidiary imprisonment d. Art. 12- exempting circumstance of minority e. Art. 8- Conspiracy Inapplicable to special laws: a. Art. 6- attempted or frustrated felonies b. Art. 13- mitigating circumstancesA c. Art. 16 to 19- accomplices and accessories d. Art. 50 to 57 & 64- special laws do not provide scale for penalties e. Art. 14- aggravating circumstances *Art. 13 & 14 of the RPC are applicable to special laws if the latter follows the scheme of penalties of he RPC 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. Note: there is no crime committed and there is no criminal; act of person is in accordance w/ law; no civil liability except in paragraph 4; civil liability is born by person benefitted by the act Self-defense Requisites: Unlawful regression Reasonable necessity of the means employed to prevent or repel it Lack of sufficient provocation on the part of the person defending himself First Requisite Explained No self-defense unless there was unlawful regression w/o unlawful regression, there is nothing to prevent or repel as required by the second requisite Unlawful regression is equivalent to assault or at least threatened assault of an immediate or imminent kind There is unlawful regression when the peril to ones life, limb or right is either actual or imminent There must be actual physical force or use of weapon Mere threatening on or intimidating attitude w/o material aggression is not sufficient, much less injurious words or threats justify self-defense When an unlawful aggression that has begun no longer exists, the one who resorts to self-defense has no right to kill or even wound the former aggressor Example of unlawful regression when the peril to ones life, limb or right is actual A confronted B and asked why the latter kissed to As gf. When A was not satisfied w/ the explanation of B, A hit B on the head with a cane causing him to fall to the ground. B, fearing that his aggressor would continue to assault him, B took his pocket knife in his pocket and stabbed A, but A did not die of medical intervention. B is liable for self-defense Example of unlawful regression when peril to ones life, limb or right is imminent (danger is on the point of happening) A was steering a boat full of passengers, majority of whom were women including As wife and a nursing child. B was also a passenger. When the boat reached a deep portion of the river, B rocked

to boat w/c started to take in water. A, fearing the boat might capsize asked B not to do it. B continued to rock the boat despite As admonition. Then A struck B on the forehead w/ an oar. B fell into the water. B then grasped the side of the boat and told A that he was going to capsize the boat. A then struck him on the neck w/ same oar. B died. There was unlawful aggression on the part of B w/c was imminent Example: A acted as a banker in a game of blackjack. B joined C as partner in playing the game. C was playing the game, while B posted himself behind A. While A and C were playing the game, B was acting as spotter of As cards and was communicating by signs to C. A suffered losses in the game. When A discovered the trick of B, they almost came to blows. 2 days later A and B met. A struck be with a knife, but B was able to evade the 1st and subsequent blow. When A was in the act of delivering the 3rd blow, B fired his revolver at A. A sustained several wounds and ran away, but was followed by B. Another fight took place, during w/c B inflicted on A mortal bolo blow. B was guilty of homicide and did not act in self-defense. B was acting in self-defense when he fired his revolver at A, but he no longer did when he ran after A No unlawful aggression in accepting a challenge to a fight When 2 or more persons mutually agree to fight, it is inconsequential who attacks or gets wounded first, for the 1st attack w/c may come from either is but an incident of the fight and cant be considered an unlawful or unexpected aggression Example: A challenged B to a fight. B agreed. A armed w/ a bolo and B with a drawn knife were facing each other when both combatants accepted fight. A immediately struck B w/ a bolo, but B was able to evade the thrust and stabbed A. A died. B could not claim self-defense even if A commenced the aggression. The beginning of aggression is but a mere incident of the fight o Rule is subject to qualification that even if there was a mutual agreement to fight, an aggression ahead of the stipulated time and place for the encounter would be unlawful; to hold otherwise would be to sanction unexpected assaults contrary to all sense of loyalty and fair play A, while inside the office of B, challenged B to a fight outside. B agreed. Before A and B could go out of the office, A grabbed the neck and collar of B, prompting B to box A several times. B could claim the benefit of unlawful aggression on the part of A How to determine unlawful aggressor

In absence of direct evidence to determine who started the conflict, it shall be presumed that, in the nature of things, the person who was deeply offended by the insult was the one who believed that he had the right to demand explanation from the perpetrator of that insult, and the one who also struck the first blow when he was not satisfied w/. the explanation Example: The carabao of A destroyed the rice crop of B. When the explanation

crime; mere abnormality of the mental faculties are not included; ex. Cleptomania, sleepwalking/somnambulism, hypnotism Imbecile and insane shall be ordered by the court: 1. To be confined in one of the hospitals or asylums established for persons thus afflicted, 2. And shall not be permitted to leave without the permission of the same court. RA 9344 Juvenile Justice and Welfare Act of 2006 Section 6: 15 years and below- exempt from criminal liability and subject to an intervention program pursuant to Section 20 of this act Above 15 years but below 18- exempt except if acted with discernment *does not exclude civil liability How to distinguish if a minor acted with discernment: 1. By the manner of the commission of the offense 2. By the conduct of the minor Paragraph 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 Requisites: 1. A person is performing a lawful act 2. With due care 3. Causes an injury by mere accident 4. Without the intention of causing it Paragraph 5 Any person who act under the compulsion of irresistible force. A person is compelled by means of 1. Force 2. Violence The person only acted as an instrument to the commission of the crime Paragraph 6: Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. Compelled by means of intimidation or threat of an: 1. Uncontrollable fear of an equal injury 2. Uncontrollable fear of a greater injury Conditions: 1. No possibility of self defense 2. No possibility of escaping 3. Not speculative Paragraph 7: Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. Example: physical impossibility Instigation vs. entrapment Instigation- employment of ways and means to lure persons into the commission of an offense in order to prosecute the same; person is induced to commit the crime; the one instigating must be a public officer Entrapment- law enforcers employ ruses and schemes to ensure the apprehension of the criminal while in the actual commission of the crime ex. By-bust operations Paragraph 4 and 7- have civil liability

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. Imbecile- anyone who is advanced in age but has a mental development similar to a child between two to seven years of age; exempt in all cases Insane person- exempt except if he commits the crime during his lucid interval; must be clearly proved because presumption is, a person is sane when he commits the

Paragraph 5 and 6- An act done by me against my will is not my act Article 13: Mitigating Circumstqances Classes 1. Ordinary mitigating- reduces the penalty to its minimum period; par 3 to 10; can be offset by an aggravating circumstance 2. Privileged mitigating- lowering the penalty by one or two degrees; cannot be offset by an aggravating circumstance Paragraph 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 -incomplete justifying or exempting circumstances; not all requisites are present -unlawful aggression must always be present Paragraph 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. 1. Under 18 years of age and acted with discernment 2. Over 70 years of age Paragraph 3: That the offender had no intention to commit so grave a wrong as that committed. -applicable only if the person dies -cannot invoke if the offender used brute force Intention- internal state that can be judged by external acts, 1. Weapon used 2. Part of the body injured 3. Injury inflicted 4. Manner Paragraph 4: That sufficient provocation or threat on the part of the offended party immediately preceded the act. -must be immediate to the provocation or threat -provocation or threat from the immediate party Sufficient provocation- any unjust or improper conduct or act of the victim enough to excite the person to commit a wrong which is proportionate in gravity Threat should not be offensive and positively strong, otherwise, he/she is entitled to self defense Paragraph 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. -relatives by consanguinity not included Requisites: 1. Grave offense done to the accused, his spouse, ascendants, or relatives by affinity within the same degrees. 2. Felony is committed in the immediate vindication of such grave offense

Paragraoh 4 vs, 5 Paragraph 4- provocation is made directly to the person; provocation or threat immediately preceded the act Paragraph 5- may be committed against the offender or relatives; time of vindication may be proximate (an interval of time allowed between the grave offense done by the offended party and the commission of the crime by the accused) Paragraph 6: That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation Requisites 1. There must be an act both unlawful and sufficient to produce such condition of the mind 2. The said act 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 Passion or obfuscation is applicable only if it arose from lawful sentiments, and inapplicable when arose form a spirit of lawlessness or revenge Paragraph 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 Voluntary surrender requisites 1. Offender had not been actually arrested 2. Offender surrendered himself to a person in authority or to any of his agents- person directly vested with jusrisdiction 3. Surrender is voluntary- when it is spontaneous, surrendered unconditionally because he acknowledges his guilt or wants to save them the trouble and expense to search for him; not applicable if they believed that their escape was impossible so they surrendered Plea of Guilt requisites 1. Must be in an open court where the case is pending 2. Spontaneous 3. Made before the presentation of evidence for prosecution *not applicable in violation of special laws Paragraph 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 Physical defect- must restrict his means of action, defense or communication Paragraph 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 Illness- must diminish the exercise of willpower without depriving him of consciousness of his acts Ex. Simpleton or eccentric, mild behavior disorder, feeble minded

Paragraph 10: And, finally, any other circumstances of a similar nature and analogous to those above mentioned Ex. Returned thing stole= voluntary surrender Article 14. Aggravating Circumstance- are those which allow the courts to increase the penalty to its maximum penalty provided by law for the offense; must be alleged in the information Kinds: 1. Generic- can generally apply to crimes Ex. Dwelling and disguise 2. Specific- apply to a particular crime Ex. Treachery and cruelty in crimes against persons; ignominy in crimes against chastity 3. Qualifying- change the nature of the crime Ex. Treachery qualifies homicide to murder; abuse of confidence qualifies theft to qualified theft 4. Inherent- are already a part of the commission of the felony Ex. Sex is inherent in rape, evident premeditation in robbery Generic vs. Qualified aggravating Generic- imposes penalty in tis maximum period; can be offset by a mitigating circumstance Qualified- changes the nature of the crime; cannot be offset by a mitigating circumstance Paragraph 1: That advantage be taken by the offender of his public position. Requisites: 1. Offender is a public official 2. That he uses his influence, prestige or ascendancy of his office in the commission of the crime Did the accused abuse his office in order to commit the crime? Not applicable if inherent in the crime such as: 1. Malversation 2. Falsification of public documents 3. Accessories 4. Crimes committed by public officers Paragraph 2: That the crime be committed in contempt or with insult to the public authorities Requisites: 1. Person in authority is engaged in the exercise of his duty 2. Person in authority is not against whom the crim is committed 3. Offender knows the person in authority Paragraph 3: That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation 1. Act be with insult or disregard of the respect due the offended party on account of his rank age or sex: there must be proof of the specific fact or 2.

1. 2. 3. 4.

circumstance that the offender deliberately intended to offend the rank age or sex of the offended party; not applicable if indispensable in the commission of the crime The act be committed in the dwelling of the offended party if the latter has not given provocation Requisites a. The crime is committed in the dwelling of the offended party b. The offended party has not given the provocation Not aggravating if: The offended party has given provocation Offender and offended party live in the same house Dwelling does not belong to the offended party Dwelling is inherent or included by law in the crime ex. Robbery

Paragraph 4: That the act be committed with abuse of confidence or obvious ungratefulness -confidence must be the means of facilitating the commission of the crime -not applicable if inherent in the crime ex. Qualified theft Paragraph 5: That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. 1. In the palace of the Chief Executive 2. In his presence 3. Public authorities are in the discharge of their duties 4. A place dedicated to religious worship -the offender must have the intention to commit the crime Paragraph 6: That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense 1. Nighttime or nocturnity- must be planned and must have sought darkness to prevent him from being recognized Not aggravating if: a. Crime began at daytime b. Pace is illuminated by light c. Nighttime is not sought or taken advantage of by the offender 2. Uninhabited place- where there are no houses at all, is at a considerable distance from town or where houses are scattered at a great distance; not by the distance of the nearest house, but whether or not there was a reasonable possibility of the victim receiving some help 3. By a band- more than three armed malefactors acted together in the commission of the crime Paragraph 7: that the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune -must take advantage of the calamity or misfortune Paragraph 8: That the crime be committed with the aid of armed men or persons who insure or afford impunity

-armed men is absorbed or included in by a band QUALIFYING Paragraph 9: That the accused is a recidivist Recidivist- at the time of his trail for one crime, was previously convicted by final judgment of another crime in the same title of this Code. Final judgment is final when: 1. After the lapse of the period for perfecting an appeal 2. Sentence has been partially or totally served 3. Defendant has expressly waived in writing his right to appeal 4. Accused has applied for probation -must be alleged in the information Paragraph 10: That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. Reiteration or habituality 1. Previously punished for an offense to which the law attaches and equal penalty 2. Greater penalty 3. Two or more crimes with a lighter penalty Habituality vs. recidivism Habituality- accused must have served his sentence; offences must not be in the same title of the Code Recidivism- enough that there is a final judgement; crimes must be in the same title of the Code. Paragraph 11: That the crime be committed in consideration of a price, reward, or promise QUALIFYING Two offenders: principal by inducement and principal by direct participation -the said inducement must be the primary consideration in the commission of a crime Paragraph 12: That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin When an aggravating circumstance already qualifies a crime, any of the aggravating circumstance shall be considered as generic only Paragraph 13: That the act be committed with evidence premeditation Requisites: 1. The time the offender has determined to commit the crime 2. Act manifestly indicating that the culprit has clung to his determination 3. A sufficient lapse of time between the determination

and execution to allow his conscience to overcome the resolution of his will had he desired to hearken to its warnings -more than two hours is considered a sufficient time, or an hour for People vs. Dumdum -sufficient time for the accused to coolly and serenely think and deliberate on the meaning and consequences of what they planned to do, an interval long enough for their conscience and better judgment to overcome their evil desire and scheme Paragraph 14: That craft, fraud or disguise be employed -intellectual or mental rather than physical means to which the criminal resorts to carry out his design 1. craft- involves the intellectual trickery or cunning on the part of the accused 2. fraud- direct inducement by insidious words or machinations of the victim by the offender 3. disguise- when the offender resorted to means and measures to conceal his identity in the commission of the crime Paragraph 15: That advantage be taken of superior strength, or means be employed to weaken the defense. QUALIFYING 1. Advantage be taken of superior strength- used excessive force out of proportion to the means available to the person attacked -qualifying circumstance -offender deliberately took advantage of superior strength -abuse of superior strength absorbs band -superior strength is absorbed in treachery 2. Means be employed to weaken defense Ex. Cast sand in the eyes of the victim Paragraph 16: That the act be committed with treachery (alevosia). 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. Requisites: 1. Culprit employed means, methods or forms of execution which tend directly and espesciallu to insure the offenders safety from any defensive or retaliatory act on the part of the offended party which means that had no opportunity was given the latter to do so 2. That such means, method or manner of execution was deliberately or consciously chosen Treachery -applicable only in crimes against persons -suddenness does not suffice as treachery if it is accidental -is present even if face to face if it is sudden and unexpected -no treachery when preceded by a heated argument

-there is treachery whether or not the victim was the same person whom the accused intended to kill -if theres conspiracy, treachery is against all offenders -absorbs abuse of superior strength, aid of armed men, by a band, means to weaken the defense and nighttime Paragraph 17: That means be employed or circumstances brought about which add ignominy to the natural effects of the act. Ignominy- adds disgrace and obloquy to the material injury caused by the crime; makes the effects of the crime more humiliating ex. Rape in robbery with homicide RA 7659 Section 11 amending Art 335of the Revised Penal Code when rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of consanguinity the penalty is reclusion perpetua Paragraph 18: That the crime be committed after an unlawful entry There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken. Unlawful entry- an entrance is effected by a way not intended for the purpose Inherent in trespass to dwelling and robbery with force upon things Paragraph 19: That as a means to the commission of a crime, a wall, roof, floor or window be broken -the breaking must be utilized as a means to the commission of the crime Paragraph 20: That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by RA 5438) QUALIFYING 1. With the aid of persons under fifteen years of age 2. By means of motor vehicles, airships, or other similar means a. The use of motor vehicle must be purposely sought to facilitate the commission of the offense b. If the motor vehicle was used only in facilitating the escape, it is not an aggravating circumstance Paragraph 21: That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions. QUALIFYING -known as cruelty, when the culprit enjoys and delights in making his victim suffer slowly and gradually causing him unnecessary moral and physical pain in the consummation of the criminal act which he intends to commit -essential that the wrong done was intended to prolong the suffering of his victim -number of wounds does not itself justify cruelty, it being necessary to show that the accused deliberately and inhumanly increased the sufferings of the victim -no cruelty if other wrong as done after the victim is killed

PD 1866. As amended by RA 8294, if murder or homicide is committed with the use of an unlicensed firearm, it is an aggravating circumstance. This is a special aggravating circumstance that cannot be offset by an ordinary mitigating circumstance Article 15. Alternative circumstance- are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender. 1. Relationship- when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender Mitigating: a. General rule, in crimes against property. Exempting in theft, swindling or estafa, and maliscious mischief if mutually committed by spouse, ascendant, descendant or relative by affinity in the same degreesor by brothers and sisters and brothers in law and sisters in law if living together b. Offender is older than the offended party Aggravating a. Offender is younger than the offended party b. Serious physical injuries, homicide or murder is committed c. Crimes against chastity Neither a. Inherent in the offense ex. Adultery, concubinage, parricide 2. Intoxication Mitigating a. He has taken such quantity of alcohol sufficient to blur his reason and deprive him of a certain degree of control b. Intoxication is not habitual or subsequent to the plan to commit the felony Aggravating a. Habitual b. Intentional or subsequent to the plan to commit the felony; offender drank wine to embolden him to carry out his evil plan *presumption is not habitual therefore mitigating 3. Degree of education and instruction of the offender Lack or low degree of education and instruction is generally mitigating except: in crimes against property and chastity High degree of instruction and education is aggravating if the offender takes advantage of his educational training in committing a felony. Court takes into consideration not only illiteracy. If one is unable to write but is highly and exceptionally intelligent or mentally alert that he easily determines the consequences of his acts, there is no mitigating circumstance. Article 16. Who are criminally liable. The following are

criminally liable for grave and less grave felonies: 1. Principals. 2. Accomplices. 3. Accessories. The following are criminally liable for light felonies: 1. Principals 2. Accomplices. A corporation cannot be prosecuted criminally for crimes which wilful purpose and malicious intent is required. As a juridical person, a corporation can only act through its officers and incorporators. Only the officer committing the act is criminally liable. Article 17. Principals- the following are considered principals: 1. Those who take a direct part in the execution of the act; (principal by direct participation) 2. Those who directly force or induce others to commit it; (principal by inducement) 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished (principal by indispensable cooperation) Paragraph 1: Principal by Direct Participation-In the absence of a previous plan or agreement to commit a crime, the criminal responsibility arising from different acts directed against one and the same person, is individual and not collective and each of the participants is liable for the acts committed by himself. Conspiracy- two or more persons come to an agreement concerning the commission of a felony and decide to commit it; it is sufficient that the offenders acted in concert. Mere knowledge, approval of the act without cooperation or agreement to cooperate is not enough to constitute one to a conspiracy If a person is the prime mover and leader, his presence is not necessary to constitute him to the conspiracy. -act of one is the act of all -all conspirators are liable for the consequences -if theres a conspiracy to kill a person, and another person is killed, only the actual perpetrator is liable But if theres robbery by homicide by a band, and all of them are present and did not attempt to prevent the crime, all of them are liable for robbery with homicide -all of them are liable even if an element of the crime is missing, however, this is not applicable if the elements of relationship and treachery are required Paragraph 2: Principal by Induction 1. Directly forcing another to commit a crime by irresistible force and uncontrollable fear- only the principal by induction is liable 2. Directly inducing another to commit a crime by price reward or promise a. Directly with the intention of procuring the commission of the crime

Such inducement be the determining cause of the commission of the crime c. Thoughtless expression without the one who spoke having any expectation that his suggestion would be followed is not guilty d. Imprudent and ill-conceived advice is not sufficient to make one guilty Words of command a. Word of command must be the moving cause of the offense b. The person using words of command must have ascendancy or influence over the person who acted c. Words of command must be uttered before the commission of the crime Paragraph 3: Principal by indispensable cooperation Requisites: 1. There must be conspiracy between the principal by direct participation and principal by indispensable cooperation 2. Crime performed by the principal by direct participation be different from that of the principal by indispensable cooperation 3. The cooperation of the principal by indispensable cooperation was indispensable, without which, the act would not have been committed/ accomplished Article 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.; 1 degree lower than the principal Elements: a. Community of design. Knowing the criminal design of the principal by direct participation, he concurs. b. Performance by previous or simultaneous acts are not indispensable Requisites: 1. No accomplice if theres no principal by direct participation 2. Principal by direct participation originates the criminal design and accomplice concurs 3. No conspiracy 4. Acquires knowledge after he is informed by the principal/ when he sees the acts of the principal 5. Not liable if accomplice has no knowledge 6. Acts by previous or simultaneous acts Article 19. Accessories. Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. By harboring, concealing, or assisting in the escape of

b.

the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. -One must have knowledge of the commission of the offense -should not have participated in the commission of the offense PD No 1612 Anti Fencing Law "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. Article 20. Accessories who are exempt from criminal liability. The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article. If the accessory profited from the crime, he is still liable.