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Page 1 of 149
Atty. Maximo Amurao
CRIMINAL LAW 1
June 17, 2011
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 2 of 149
Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 3 of 149
Atty. Maximo Amurao
Because of its police power. The right to prosecute and punish crimes is
vested in the sovereign power, which is the Filipino people.
Q: When did the RPC took effect?
Jan 1, 1932
Q: Why is there a long lapse of time in the effectivity and approval of the RPC?
So that PH will be familiarized with the new provisions of the RPC
Q: Who approved the RPC?
US President
Q: What are the theories in criminal law?
Classical, Positivist, Mixed
CLASSICAL
-the objective is retribution
- the emphasis is on the crime
-consistent with the saying an eye for an eye, a tooth for a tooth
- man has free will to do or not to do
- the criminal liability arises from knowledge and freedom
-man is a rational being
-example: RA 9372 (Human Security Act of 2007)
POSITIVIST
-the objective is reformation
-the emphasis is on the criminal
-believes that crime is a social phenomenon
-sees man as a moral/human being
-man by nature is good
-man is exposed to environment where man is compelled to do a crime
-example:
RA 9344 (Juvenile Justice and Welfare Act of 2006)
Probation Law of 1976
Indeterminate Sentence Law
MIXED
-combines the classical and the positivist
-applied classical theory for heinous crimes
-applies the positivist for economic and social crimes
Q: What do we apply in the Philippines?
Mixed. Our system is a little bit of classical and a little bit of positivist. The
RPC is classical and recent laws enacted by the legislature are positivist in
nature.
Q: What is the degree of proof needed to convict an accused of a criminal charge?
Proof beyond reasonable doubt (Start Here)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 4 of 149
Atty. Maximo Amurao
Q: Is this absolute?
No.
In the crime of treason, PBRD is not the only requirement. There is a
requirement of the 2 witness rule
Q: May a person be convicted by reason of the spirit of the law?
No. Only by the language of the law. It should be clear and in case of doubt, it
should be favorable to the accused.
June 21, 2011
Q: What are the kinds of repeals?
1. Absolute or Express
-the effect is decriminalization
-the obliteration of a crime
-for pending cases, the case shall be dismissed
-for those serving sentence, they shall be released because there is no
more reason for the accused to serve sentence
2. Partial or Implied
-the crime is still punishable, but modified (in terms of penalty)
-example: the case of Robin Padilla, PD 1866 was partially repealed by RA
8294, which reduced the sentence for illegal possession of firearms, thus
qualifying Robin Padilla for parole
3. Self-repealing
-deemed repealed upon the expiration of the date specified by the law
-the law dies a natural death
-example: RA 1700 (Anti-Subversion Law) and Rent Control Law
Q: What is the general characteristic of criminal law?
Criminal Law is binding on all persons who live or sojourn in the Philippine
territory, regardless of race, nationality, political affiliation.
Q: Is this rule absolute?
No. The exceptions are: 1. Treaties
2. Laws of preferential application
Q: What is the territorial characteristic of criminal law?
Only crimes committed within the Philippine territory may be prosecuted
before Ph court
Q: What is the rationale behind this?
A crime is an offense against the dignity, authority and sovereignty of the Ph
territory; and only the state in which the dignity, authority and sovereignty
has been offended has the right to punish the offender.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 5 of 149
Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 6 of 149
Atty. Maximo Amurao
Q: When is it concurrent?
Crimes punishable both under PH and US laws.
Q: But, even if jurisdiction is concurrent, when will PH have primary jurisdiction?
*Philippine authorities shall have the primary right to exercise jurisdiction
over all offenses
*Especially, when it is a threat to the security of the Philippines,
a) treason b)espionage c)sabotage
EXCEPT:
*crime committed by a US personnel against the property and security of the
US Ph has no jurisdiction, these includes:
1. against the property of the US
2. against the security of the US
3. against the property of another military personnel
4. against the security of another military personnel
5. committed in the performance of official duties
Q: Suppose US military personnel was driving at Roxas Blvd to deliver a confidential
letter to the US embassy, while driving, he run over a pedestrian, which court has
jurisdiction?
US. Committed in the performance of official duties.
Q: Suppose one night US military personnel went to the bar, after drinking and
being so tipsy, raped a woman, which court has jurisdiction?
PH. Not in the performance of official duties
Q: Suppose 2 Filipino citizens working as US military personnel in the PH had a
quarrel. Filipino 1 shoots Filipino 2. Who has jurisdiction?
US. Citizenship is immaterial. What is important is attachment to the US
military
Q: Suppose the one who was injured filed a civil case for damages, will it prosper?
No. VFA covers only criminal aspect
Q: 1 US marine stole the wallet of another US marine, who has jurisdiction?
US. Property of another military personnel
Q: Suppose you are a judge, the US wrote a letter for you to waive jurisdiction, what
will you do?
Generally, the PH has to waive jurisdiction upon request of US. The request
for waiver cannot be rejected.
Q: Is this rule absolute?
No. The request for waiver may be rejected if the crime is of particular
importance
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 7 of 149
Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 8 of 149
Atty. Maximo Amurao
Q: Suppose one day, you shut a person at Roxas Blvd, when the police officers were
running after you, you jumped over the fence of US embassy. May the officers arrest
you, while you are inside the US embassy?
No.
Q: What is then the remedy of the officers (Ph government)?
Extradition
Q: suppose a Filipina legally married had sexual intercourse with an American at the
Ph embassy. Is there any crime committed?
Yes. The crime of adultery, but she cannot be prosecuted under Ph courts
because of the embassy rule.
Q: who else is exempt/immune from criminal prosecution?
Executive directors of WHO
Members of the Constitutional Commission
Justices of Supreme Court
Q: How about consular officials?
They are not covered. They are not exempt from criminal liability because
they represent the business, commercial mercantile interests of their country
of origin.
Q: Suppose Ambassador of Japan to the US committed a crime in the Philippines,
may he be prosecuted?
Yes, because he is not a recognized diplomatic representative of his country
to the Philippines.
Article 2
^par 1-5 of Art 2 is not an exemption to the territoriality principle, it is
EXTRATERRITORIALITY!
Q: The first instance in Art 2?
Should commit an offense while on Ph ship or airship
Q: What is Ph ship or airship?
Ship registered with MARINA
Airship registered with Civil Aeronautics Board
Q: What are the requirements in order a ship/airship be a Ph ship?
It must be registered in accordance with Ph laws
Q: Why not register in Bureau of Customs?
The law requiring registration in Bureau of Customs had been repealed. Now
its Marina and CAB
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 9 of 149
Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 10 of 149
Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 11 of 149
Atty. Maximo Amurao
^on the other hand, those who counterfeited the items are criminally liable
even if they did not introduce the counterfeit items
Q: any other instance?
Art 2, par. 4
While being public officers or employees, should commit an offense in the
exercise of their functions
Q: who is a public officer? (see Art 203)
*taking part in the performance of public functions in the government, or
performing in said government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class; and
*that his authority to take part in the performance of public functions or to
perform public duties must be
a. by direct provision of the law, or
b. by popular election, or
c. by appointment by competent authority
Q: Suppose PH ambassador to Germany was given USD 200,000 as a fund to
renovate the PH embassy building in Germany. He used only USD 50,000 for the
renovation, and gave the USG 150,000 to his number 2 in Germany. Is he
(ambassador) liable?
Yes. He is liable for malversation of public funds. He may be prosecuted in Ph
courts.
He was in custody of the money by reason of his official functions
Q: Suppose our AFP high officials were tasked to scout for firearms abroad, and
while they are negotiating with foreign companies abroad, these companies
inserted USD1000 in the proposal folder in anticipation that their company will be
chosen by AFP to be the supplier of our firearms. May these AFP officials be liable?
Yes. They are liable for bribery.
Q: (follow-up) Even if the act of accepting the bribe was committed abroad, will they
still be liable?
Yes, because the act was committed in relation or while the AFP are in
discharge of their official functions.
Q: Suppose Chairman Abalos (comelec) while playing golf in Shanghai, China
received USD50,000 in relation to the ZTE? Is there a crime committed? May he be
liable?
Crime anti graft & corrupt practices act
BUT, he cannot be liable/prosecuted before Ph courts because Abalos has
nothing to do with ZTE (paki alamera lang siya). Therefore, he received the
money not in connection with his official function.
Q: Suppose the PH ambassador to Australia is legally married. Can he be prosecuted
for concubinage?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 12 of 149
Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 13 of 149
Atty. Maximo Amurao
Article 3
Q: What are felonies?
Acts and omissions punishable by law are felonies (delitos).
Q: What do you mean by punishable by law
Punishable by the RPC
Q: how felonies are committed?
Felonies are committed not only be means of deceit (dolo) but also by means
of fault (culpa).
Q: What is dolo? What is 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.
^Violations of RPC felony
^Violations of special penal law offenses
^violations of ordinance misdemeanor (minor infraction of the law)
Q: What are the requisites of felony?
1. Act or omission
2. RPC
3. Voluntary
a. Freedom
b. Intelligence
c. Intent
^ALL MUST BE PRESENT IN ORDER TO INCUR CRIMINAL LIABILITY
Q: Is illegal possession of bladed weapon a felony?
No. It is not under the Revised Penal Code
Atty. Amurao Lecture Highlights:
*To be considered as a felony there must be an act or omission; a mere
imagination no matter how wrong does not amount to a felony.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 14 of 149
Atty. Maximo Amurao
*An act refers to any kind of body movement that produces change in the
outside world. For example, if you have in your mind that you will rape this
beautiful lady, but you did not rape her, you will not be liable.
*Actus non facit reum, nisi mens sit rea (an act of a criminal should be
coupled by a criminal mind)
*It does not mean that if an act or omission is punished under the Revised
Penal Code, a felony is already committed. To be considered a felony, it must
also be done with dolo or culpa.
*If you do not have freedom, the act is not voluntary; the act is not a felony
*These are amplified in the some provisions of the RPC, like
Intelligence art 12 insanity, imbecility, minority
Freedom art 12 under compulsion of some irresistible force; fear of
greater injury
Intent art 12 by mere accident w/out fault or intent to cause harm
*Mistake of fact is a valid defense
Q: What are the differences between MALA IN SE and MALA PROHIBITA
MALA IN SE
*intent is essential
*good faith is a valid
defense
*honest mistake of fact is
a defense
*punishable under RPC
*condemned by society
*act done must be
criminal intent
MALA PROHIBITA
*intent is not essential
*good faith is not a valid
defense
*honest mistake of fact is
not a defense
*punishable under
special laws
*injurious to public
welfare
*it is sufficient that the
prohibited act was done
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 15 of 149
Atty. Maximo Amurao
Q: Suppose your bf is a police officer, 1 day while you were having your date in
Luneta Park, your bf had to answer the call of nature, so he handed to you his pistol,
while you were holding it, the officers arrested you, may you be liable for illegal
possession of firearms?
No. Transient Possession not liable
Although I was in possession, although I have no license to posses, Still not
liable because I have no intent, and this is an exception to mala prohibita
Q: Suppose the police officers are running after a man, then the man throw his .45
caliber, you were around the corner and you extended your arms, then the firearm
fell on your hands, may you be liable for illegal possession?
No. Transient possession
Q: Suppose I (atty. Amurao) mortaged my firearm to you for 30 days, and on the 20 th
day, there was a raid in your house, may you be liable for illegal possession?
Yes. There is animus possendi
an act or omission
Act any physical movement of the body (Amurao); any bodily
movement tending to produce some effect in the external world
(Reyes)
Omission means inaction; the failure to perform a positive
duty which one is bound to do; there must be a law requiring the
performance of an act and punishing the omission; eg. arbitrary
detention; misprision of treason
punishable by the Revised Penal Code
^When there is a conflict between special penal laws and
the Revised Penal Code, in terms of the application of
penalties, what to follow?
^What is important is the definition and the classification of
the act (whether it is an offense or a felony)
Special Penal Laws = penalties are stated in terms of years,
months, days
Revised Penal Code = penalties are stated in terms of degrees,
with death as the highest penalty; classified as indivisible or
divisible
a. indivisible = death and public censure
b. divisible (has 3 periods; what period to apply is
dependent on the aggravating and mitigating
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 16 of 149
Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 17 of 149
Atty. Maximo Amurao
happened, therefore, he could not have killed the victims, claiming that
he is innocent
Actus non facit reum, nisi mens sit rea an act of a criminal should be
coupled by a criminal mind
the defense of honest mistake of fact
- the act done by the accused would have constituted:
(a) a justifying circumstance (Art.11, RPC)
- in all instances = no criminal liability; no civil liability
(b) an absolutory cause [Art.247(2)]
(c) an involuntary act
Requisites for honest mistake of fact as a defense:
1. that the act done would have been lawful had the facts been
as the accused believed them to be
2. that the intention of the accused in performing the act should
be lawful
3. that the mistake must be without fault or
negligence/carelessness on the part of the accused
Cases on honest mistake of fact:
1. US v. Ah Chong (landmark case)
- Ah Chong killed friend Pascual thinking he was a thief/ladron
- there was sufficient warning on the part of accused; accused
was acquitted
2. US v. Apego
- accused killed her brother-in-law in fear of being raped; guilty
of homicide
3. People v. Oanis
- policemen killed the wrong person w/o warning; guilty of
murder
4. People v. Bayambao
- accused killed his brother-in-law thinking he was an outlaw
- brother-in-law acted as if he going to attack; accused was
acquitted
Motive
- special reasons that impel the accused to act (Amurao)
- the moving power which impels one to action for a definite result (Reyes)
- not an essential element of a felony
- evidence of motive is necessary only in case of: (1) doubt in the identity of
the accused (Amurao), (2) two conflicting versions of the crime
- motive is established by the testimony of the witness
- lack of motive may be an aid in showing innocence
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 18 of 149
Atty. Maximo Amurao
Article 4
Concept of proximate cause injury inflicted
Q: What is proximate cause?
Proximate cause is that cause which sets into motion other causes and
which unbroken by any efficient supervening cause produces a felony without
which such felony could not have resulted
As a general rule, the offender is criminally liable for all the consequences of
his felonious act, although not intended, if the felonious act is the proximate
cause of the felony or resulting felony.
A proximate cause is not necessarily the immediate cause. This may be a
cause which is far and remote from the consequence which sets into motion
other causes which resulted in
the felony.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 19 of 149
Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 20 of 149
Atty. Maximo Amurao
No. This time there is a crime. Qualified seduction or rape by grave abuse of
authority
Q: What is an impossible crime?
Q: Give the case of Intod
Q: Give the elements of impossible crime vis--vis facts of Intod
Q: Give the case of PP v Jacinto?
Q: do you agree with the decision?
Q: How is theft committed?
Q: Is it an element that the accused should make or actually profit?
No
Q: May a person be liable if he did not commit a crime?
Yes. Impossible crime. Technically no crime, subjectively there is a crime
Q: What is the penalty?
Arresto Mayor or a fine ranging from 200 to 500
^Urbano case
Q: what is the negligence committed by Javier?
Causes which may produce a result different from that which the offender
intended, as contemplated in Art. 4 (1)
1. there is a mistake in the identity of the victim
- also known as error in personae; or napagkamalan
- not a defense in a criminal case; not even a mitigating circumstance
2. there is a mistake in the blow
- also known as aberration ictus
- not a defense in a criminal case; not even a mitigating circumstance
3. the injurious result is greater than that intended
- also known as praeter intentionem
Article 4(1) contemplates that there should be a felony being committed
- emphasis is not on the mere wrongful act; it should constitute a felony
- eg. the act of committing suicide results to others being injured = punishable
under Art.4(1) because although not intended, the injury was caused by means of
culpa, which can constitute a felony
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 21 of 149
Atty. Maximo Amurao
Article 4(1) does not apply if the act committed constitutes a crime punishable by
special law
Concubinage - instances
- a husband bringing home a woman, that is not his wife, to the conjugal dwelling
- having sexual intercourse under scandalous circumstances
- cohabitation; living in a separate home as husband and wife
Proximate Cause
- there is a chain of causes from an original act that results to an injury
- if the result can be traced back to the original act, then the doer of the original act
can be held liable
Efficient Intervening Cause interrupted the natural flow of events leading to
ones death
Q: What is impossible crime? What is the reason for punishing?
Suppress criminal propensity
Q: Suppose son forged signature of his father in a check, the deposited the check,
but was dishonored, is this impossible crime?
No. Falsification of commercial document. Forgery is a crime against public
interest
Give the elements of forgery
Q: Your room mate kukunin yung jewelry na nasa cabinet na naka-lock, tapos wala
pala yung jewelry dun sa cabinet, impossible crime?
No. Theft of key ung tamang sagot
^woman lang ang pwede for forcible abduction
Instances when there is a proximate cause and when there is none
When there is an intervening disease and the disease is:
(a) closely related to the wound(s) = accused is criminally liable
(b) unrelated to the wound(s) = accused is not criminally liable,
because the disease not associated with the
wound(s), eg. brain tumor
(c) a combined force with the wound(s) = accused is criminally liable,
because the mortal wound is a
contributing factor to the victims death
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 22 of 149
Atty. Maximo Amurao
2. When the death was caused by an infection of the wound due to the
unskilled medical treatment from the doctors:
(a) if the wound is mortal = accused is criminally liable, because the
unskilled treatment + infection are not
efficient intervening causes
mortal wound + unskilled medical treatment only = accused is
criminally liable because the mortal wound naturally led to the death of
the victim
(b) if the wound is slight = accused is not criminally liable, because
the unskilled treatment + infection are efficient intervening causes
*In Urbano v. IAC, the wound caused by accused Urbano was already treated and
was in the normal process of healing which is in approximately 4weeks; but because
deceased Javier did not wait for the wound to heal and still worked by fishing, his
wound got infected with tetanus which caused his death. The actions of the
deceased when he still worked without waiting for his wound to heal was an
efficient intervening cause, thus the accused is not liable for his death anymore.
Q: What is the purpose for punishing an impossible crime?
The purpose of punishing an impossible crime is to prevent or suppress the
criminal tendency of the accused
Persons found guilty of impossible crimes are sentenced to arrestor mayor
(1mo.1day to 6mos.) pursuant to Article 59 of the Revised Penal Code
Objectively, there is no crime
Subjectively, the crime is present
Should there be a crime committed, in order to be held liable for an impossible
crime? YES; the act(s) should constitute a crime against persons or
property
Requisites for an impossible crime under Article 4(2)
1. that the act performed would be an offense against persons or property
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 23 of 149
Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 24 of 149
Atty. Maximo Amurao
Article 5
Article 5(1) Requirements:
1. the act committed by the accused appears to be not punishable by law
2. but the court deems it proper to repress such act
3. in that case, the court must render the proper decision by dismissing the
case and acquitting the accused
4. the judge must then make a report to the Chief Executive through the
Secretary of Justice stating the reasons which induce him to believe that the
said act should be made the subject of penal legislation
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Page 25 of 149
Atty. Maximo Amurao
Article 6
Q: What are the stages in the commission of a felony?
Consummated a felony is consummated when all the elements
necessary for its execution and accomplishment are present
Frustrated - it is frustrated when the offender performs all the acts for
execution which would produce the felony as a consequence but,
nevertheless, do not produce it by reason of causes independent of the will of
the perpetrator
Attempted there is an attempt when the offender commences the
commission of the felony directly by overt acts and does not perform all the
acts for execution which should produce the felony by reason of some cause
or accident other than his own spontaneous desistance
NOTE: Available only in RPC.
Q: Give example of each (consummated, frustrated, attempted)
Q: What are the phases?
Subjective phase from the time the offender commences the commission
up to the performance of the last act where he still has control; an
attempted felony is committed within the subjective phase and does not go
beyond this phase
Objective phase frustrated and consummated felonies are within the
objective phase
(a) frustrated the felony is complete but still is still not produced as far
as the offender is concerned
(b) consummated when all the elements under the Revised Penal Code
are present
REMEMBER: in Arson
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NOTES BY:
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Q: Supposing, the accused jumped over the fence into another persons house
without the intent to commit robbery, is he liable for attempted robbery?
NO, but he is liable for the crime of trespassing
^Same with arson, when a person is accused of committing a felony, we
have to first establish the crime in the mind of the offender to establish
the commencement of the commission of the felony; otherwise, the
situation when he was caught would be in an indeterminate stage, wherein
the crime that the accused intended to do could not be determined
In People v. Lamahang, the accused was able to open one board of the door to
private respondent Tan Yus store, when the police caught him. The SC ruled that
the accused is not liable for attempted robbery because the intent to rob Tan Yus
store was not established, thus when accused was caught, it was in an
indeterminate stage. But the Court held him liable for attempted trespass to
dwelling
In People v. Salvilla, the accused were held liable for the crime of robbery with
serious illegal detention and serious physical injuries, and not frustrated robbery,
even without physical taking or possession of the money they demanded because
the money was within the dominion, which the accused had control over and it
was where the crime was being committed. During whole time when negotiations
went on between the accused and the police, the crime of robbery was deemed
consummated
Q: suppose hold up in a grocery store, hold uppers asked the cashier to place the
money inside a bag, no one hold the money. Is the crime consummated?
Yes. There is constructive control
July 5, 2011
Crimes involving the taking of human life/ Crimes against persons
- these crimes are committed by killing a person (MHPI):
i. Murder killing a person with attending or aggravating circumstances
ii. Homicide killing a person without attending circumstances
iii. Parricide killing a relative, i.e. spouse, parent, child, sibling, etc.
iv. Infanticide killing a child less than three (3) days old
- even without intent, the moment the victim dies, intent is presumed by
operation of law and the crime is consummated
- if the victim doesnt die but the wound inflicted is mortal, it is frustrated
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- if the there is no intent to kill, but the wound inflicted is mortal or fatal, the
crime is not either MHPI but serious physical injuries
Mortal when the wound inflicted can cause the death of the victim;
when death will follow
- for frustrated & attempted cases, it is important to determine intent to
kill
Q: Supposing, in a car accident, the accused hits a person causing mortal
wounds, but the victim does not die, is the driver-accused liable for frustrated
homicide?
NO, he is only liable for serious physical injuries
Rules on crimes against persons (MHPI) and the stages of execution
1. victim dies, with or without the intention to kill, intent is conclusively
presumed by operation of law, the crime is consummated MHPI
2. victim does not die, with the intent to kill, mortal wounds were inflicted,
the crime is frustrated MHPI
3. victim does not die, with the intent to kill, non-mortal wounds were
inflicted, the crime is attempted MHPI
4. victim does not die because there was only an overt act and no wound was
inflicted, but there was intent to kill, the crime is attempted MHPI
5. victim does not die, without the intent to kill, mortal wounds were inflicted,
the crime is serious physical injuries
6. victim does not die, without the intent to kill, non-mortal wounds were
inflicted, the crime is less serious or slight physical injuries
Illustration:
Death
(1) YES
(2) NO
Intent
presumed
YES
(3) NO
MHPI
(4) NO
mortal wounds
YES
YES
of course mortal!
Crime
Consummated MHPI
Frustrated MHPI
non-mortal wounds
overt act only, no wound
Attempted
Attempted MHPI
NOTES BY:
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Lecture & Recitation Notes
(5) NO
(6) NO
injuries
NO
NO
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mortal wounds
non-mortal wounds
In People v. Trinidad, the trial court held the accused criminally liable of two
counts of murder (for killing Soriano and Laroa) and frustrated murder (for shooting
at Tan). The SC modified the decision by ruling that the accused was liable for two
counts of murder and attempted murder, not frustrated, because the wound
inflicted on Tan was not mortal or fatal
In People v. Lim San, the trial court held the accused criminally liable of
attempted murder for stabbing Keng Kin in the left eye. The SC modified the
decision by ruling that the accused should be liable of frustrated murder because
not only was it established that there was intent to kill, but also the wound inflicted
was mortal. It just so happened that the victim did not die because of the prompt
and efficient medical assistance given to the victim. The treatment was the cause
independent of the will of the accused.
In Mondragon v. People, the SC held that the accused was only guilty of less
serious physical injuries because when the accused and the victim were hacking
each other with their bolos, there was no intent to kill on neither party; and also
because the victim did not die since the wounds were not mortal
RAPE
- the crime of rape is consummated by mere penetration of the male organ, no
matter how slight
Q: Supposing, the penetration was only 2 millimeters deep, consummated?
YES, no matter how slight the penetration is, it is still consummated
Q: Supposing, the rape was consummated because there was penetration, but
according to the medical examination, the victim was still a virgin, can the accused
still be held liable for consummated rape?
YES, as long as there is penetration, the rape is consummated.
In People v. Orita, the medical examiner testified that the victim was still a virgin
therefore the rape may not have been consummated. But the SC ruled that the
testimony of the victim herself should be given greater weight because she herself
can feel whether or not there was penetration.
Instances of attempted rape:
- when the skirt of the victim has been lifted, no matter what position
- when the accused mounted on the body of the victim
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- when there is epidermal touching of the genital organs of the accused and the
victim
The difference between attempted rape and acts of lasciviousness is that with
the former, there is carnal knowledge or the intent to have sexual intercourse
is established
There is no such thing as frustrated rape; the only exception was when the SC
ruled in People v. Eria that the accused was guilty of frustrated rape. Thereafter, no
one has since been held guilty of frustrated rape.
ESTAFA
- the elements for the crime of estafa are (1) deceit, and (2) damage
- without one of the two elements, estafa would not be consummated
In US v. Dominguez, the SC ruled that the accused was guilty of frustrated estafa
because before accused could cause damage by disposing of the money that he
deceitfully took, he was apprehended by their stores supervisor, which was the
cause independent of the will of the accused.
OTHER INSTANCES FOR HOMICIDE AND OTHER CRIMES
Q: Supposing, with intent to kill, the accused pulls out a gun then points it
at someone, what crime is the accused liable for?
Attempted homicide
Q: Supposing, with intent to kill, the accused fires a gun at someone but
misses, what crime is the accused liable for? Attempted homicide
Q: Supposing, using the same set of facts, but without the intent to kill, what
crime is the accused liable for?
- for pulling out the gun and pointing it = grave threat
- for firing the gun = illegal discharge of firearm (obsolete; must be
deleted)
Q: Supposing, with intent to kill, the accused fires a gun at someone, then
accused leaves thinking that the victim is already dead. The accused did not know
that he missed because the victim played dead. What crime is the accused liable
for? Attempted homicide, attempted because there was no wound, but there was
still intent to kill. What is important is that there was no wound
Q: Supposing, with intent to kill, the accused fires a gun at someone, then
accused leaves thinking that the victim is already dead. The victim is hit but it is
not fatal or mortal. What crime is the accused liable for? Still Attempted
homicide, because what is important is the extent or gravity of the wound.
(People v. Orinaga)
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Q: suppose a sales lady in the department store, place the jewelry inside her bag,
but the jewelry was recovered by the security guard, crime?
Consummated qualified theft
Q: will recovery affect the stage of the commission?
No
Q: Suppose the sales lady, voluntarily returned, crime?
Still qualified theft.
Taking consummates the crime
Q: suppose the sales lady, sold the jewelry and used the money, crime?
Estafa
Q: suppose the sales lady, sold the jewelry and returned the money at 6pm?
Frustrated Estafa
Q: suppose 2 crew members discovered the presence of a stow away and they want
to eliminate the stow away, so they decided throw the stow away in the sea, where
there is sharp object, but after you leave, a fishing vessel was there to help the stow
away, there was no wound, crime?
Frustrated murder
INTENT TO KILL
Q: 3 armarlite shots neighbor but did not hit?
Attempted
Q: distinguish from illegal discharge of firearm
No intent to kill
Q: distinguish from grave threat?
There is intent to kill
Q: suppose there are 99 wounds, but none was mortal?
Attempted
Q: what is an overt act?
Something you see, feel, touch (do not relate to criminal offense at first)
Article 7
Q: What are light felonies?
Light felonies are infractions of law which have the punishment of
arresto menor or a fine not exceeding 200 pesos
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General Rule: Light felonies are punishable only when they have been
consummated
Reason: involves insignificant moral and material injuries; if not consummated,
the wrong done is so slight that a penalty is unnecessary
Exception: Light felonies committed against persons or property are punishable
even if in the attempted or frustrated stage
Reason: presupposes moral depravity
For light felonies, the only ones who can be held liable are the principals and
accomplices.
For grave or less grave felonies, those who can be held liable are principals,
accomplices and even accessories, because the degree of the penalty to be
imposed depends on 3 factors:
(1) stages of execution
(2) the degree of participation
(3) the presence of attending circumstances
Q: When punishable?
Only when consummated
Q: Is this absolute?
No. If against persons or property
Q: Reason.
Q: Who shall be criminally liable?
Principals
Accomplices
NOT ACCESSORIES
^Penalty for accomplices -- one degree lower (censure)
^Penalty for accessories two degrees lower (WALA NANG LOWE PA. KAYA
NGA HINDI LIABLE ANG ACCESSORIES)
Q: Who is a principal? An Accomplices? An Accessories?
Article 8
Q: what is conspiracy?
- Conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it
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- Proposal exists when the person who has decided to commit a felony
proposes its execution to some other person or persons
General rule: Conspiracy and proposal to commit a felony are not punishable
Reason: because they are mere preparatory acts (Reyes)
Exception: Conspiracy and proposal are punishable only in the cases in
which the law specially provides a penalty thereof
Q: give an example of conspiracy & proposal
Q: the effects of conspiracy
There will be collective responsibility
Q: effect of non-establishment of conspiracy?
Accused will be liable only to the extent of participation
Q: if established?
Collective responsibility act of one, act of all
Q: degree of evidence needed to prove conspiracy?
NOT beyond reasonable doubt
Sufficient that the act is closely related to the crime/felony intended to commit
Q: is it necessary that each participate?
No. They must have common criminal design
Q: what do you mean by common criminal design?
Q: what is implied conspiracy?
Q: from what factors may you imply conspiracy?
Acts and words before and after the commission of the felony
Q: is it enough that there is an agreement to commit felony?
No. they must execute the overt act
Q: how would you know if community of purpose exists?
From the acts and remarks of the accused
There must be unity of criminal though
BEFORE, DURING, AFTER -- acts of each of the accused may be separate,
independent of each other but must show close personal association; closely
related to each other, there is coordination.
Q: A B C D E (robbers) agreed and decided to commit bank robbery. A stayed in the
getaway car 100 meters from the bank; B look-out C disarm the security guard D &
E commit robbery. E shot to death the bank manager. Will A be liable for the death?
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- all of which are geared towards the attainment of the felony or crime
Suggested cases for conspiracy on this rule
- People v. Salcedo; People v. Briones; Medija, Jr. v. Sandiganbayan
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Q: Supposing, only minor acts were done, will the actor still be liable? YES
Q: Supposing, there was no conspiracy, what will happen? The perpetrators of the
crime will be individually liable depending the extent of the degree of each
ones participation
In People v. Agapinay, the SC ruled that there was no conspiracy in commission of
the murder because the incident was only a spur of the moment or in this case, a
chance stabbing, which cannot be considered conspiracy, thus they were held
individually liable, some as principals and some as accomplices only
Q: Supposing, there was only mere presence of a person when the crime was
being committed, will he be liable?
NO, that person not participating shall not be liable because he did not
perform any overt act; there should be an overt act to establish the
participation and liability of a person
Q: Supposing, the persons presence when the crime was being committed was to
provide was to provide moral support, or to persuade the participants from
performing the acts constituting the crime, will he be liable?
YES, in both cases the person shall be held criminally liable
In order to hold someone criminally liable, in addition to mere presence, there
should be overt acts that are closely-related and coordinated to establish the
presence of common criminal design and community of purpose in the commission
of the crime.
In People v. Taaca, the SC ruled to acquit Regalado because there was no
evidence to prove that Regalado assisted his brother Herminio in the killing of
Alfredo Gabuat; there was no proof to show that Regalados presence was
accompanied by overt acts for the commission of the crime and that there was no
proof of conspiracy between the Taaca brothers.
In People v. De La Cruz, the SC also ruled that the mere presence of the Galaweys were not enough to prove that they conspired to the commission of the crime
despite the fact Galaw-ey had a grudge against one of the victims; his participation
in a conspiracy cannot be assumed especially when no acts by the Galaw-eys
proved to be connected with the crime.
In People v. Manero, however, the SC ruled that even though the accusedappellants were not present in the actual commission of the crimes, it was
established that they met in an eatery and conspired to liquidate communist
sympathizers; therefore they were still held criminally liable.
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Q: Supposing, one person desisted from participating in the actual crime and
instead decided to stay inside the get-away car to wait for the others, is he
liable?
YES, he is still liable despite desistance to participate in the actual crime
because he can still assist the others with the escape using the get-away car
Q: Supposing, while committing the crime of robbery, an additional crime was
committed that was not part of the original plan, eg. homicide; can all the
participants be convicted of the crime of robbery with homicide, even though some
of them performed very minor acts (i.e. look-outs or drivers, etc)?
YES, they can all be held liable for that same crime, because it is not
required that all the participants perform each and every detail in
the commission of the crime; as long as the acts performed are closely
coordinated and that they have the same criminal purpose.
Q: mere presence will one be a co-conspirator?
No
Q: presence to give moral support?
Liable
Acts
Implied conspiracy
design
concerted action
common criminal
words,
Coordination, personal
after
association with each other
community
of crimes
remarks
joint criminal objective
Article 9
Q: How do you classify felonies?
According to Penalty
1. Grave Felonies those that the law attaches the capital punishment or
penalties that are afflictive based on Article 25 of the RPC
2. Less Grave Felonies those that the law punishes with penalties whose
maximum periods are correctional
3. Light felonies infractions of law that are punishable by arresto menor or
fines
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Illustration:
Death
Grave felonies
Reclusion Perpetua
afflictive penalties
Reclusion Temporal
Prision Mayor
Prision Correccional
correctional penalties
Arresto Mayor
Suspension
Destierro
Arresto Menor
Light felonies
Fines
light penalties
Public Censure
Article 10
- provisions of the Revised Penal Code shall not be applied with of violations
of special laws, but if a special law is silent in terms of a penalty for example,
the absence shall be provided by the Revised Penal Code.
But generally:
- for violations of the RPC = what law governs? the Revised Penal Code
- for violations of special law = what law governs? Special penal laws
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Article 11
Q: What is a justifying circumstances?
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When only a majority of the elements are present, there is an incomplete selfdefense, but it is still necessary to have the element of unlawful aggression,
because it is the most important element
Unlawful Aggression
- an indispensable element
- a sudden unprovoked unlawful attack that exposes a persons life or
limb to actual, real, imminent danger; mere threatening, imagined or
speculative danger is not enough
When there is no unlawful aggression, there is no need to defend oneself; when
there is no need to defend oneself, there is no need for a reasonable defensive
act; when there is no need for a reasonable defensive act, there is no need for
reasonable means to prevent or repel something; therefore, without unlawful
aggression, everything else will be erased
Because unlawful aggression produced a danger, there comes a need to eliminate
that danger; that need is a response impelled by self-preservation; the means
used to eliminate the danger should be reasonable and the means needed to be
employed can be determined based on the extent of the unlawful aggression
Q: Supposing, you wrested the knife from a robber. If he is still trying to get back
the knife, there is unlawful aggression, because unlawful aggression is continuing if
the attacker is trying to regain control over the situation
^The first principle in all criminal cases is that: the accused will always be
presumed innocent
In the constitutional provision on presumption of innocence, it can easily be
overthrown by contrary evidence, but it is different in criminal cases
The presumption of innocence principle, of all disputable presumptions, is the
strongest because to overthrow it, the Court requires that the law proves the
guilt of an accused beyond reasonable doubt
The burden or duty to prove guilt lies with the prosecution or the
government and they should introduce evidence beyond reasonable doubt; the
prosecution should rely on the strength of its own evidence and should not
depend on the evidence of the defense; these principles, however, will change
when the defense invokes, self-defense, defense of a relative, or defense of a
stranger, because the accused must always admit first the fact of killing the
victim, thus the burden is lifted from the prosecution and shifts to the defense
If the evidence for both sides is weak, the accused will be acquitted
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NO, assuming clear and convincing evidence is provided, and that the
accused believed the weapon/gun to be real, then honest mistake of fact
while in self-defense can be invoke
Reasonable Necessity of the Means Employed
- there is a continuing necessity to eliminate the danger
- involves two elements:
1. necessity for the course of action, necessity to eliminate danger
2. necessity of the means employed to prevent or repel that danger
Both should be reasonable
It is not necessary to have material equality or material commensurability
between the danger and the means employed to prevent or repel that danger
In determining reasonable means, the some facts and circumstances can
be considered as factors, such as:
1. emergency to which the person defending himself has been exposed to
2. presence of imminent danger
3. impelled by the instinct of self-preservation
4. nature of the weapon used by the accused compared to the weapon of the
aggressor
5. size and/or physical character of the aggressor compared to the accused
and other circumstances that can be considered showing disparity between
aggressor and accused
Factors: age, size, location, other circumstances, character or nature of weapon,
physical character, reputation
Q: What is Lack of Sufficient Provocation?
- sufficient provocation should come from the person defending
himself/accused
- sufficient provocation should immediately precede the aggression
- Insulting another or committing oral defamation is considered sufficient
provocation
- a challenge to fight is considered sufficient provocation
Q: When is provocation sufficient?
-proportionate to the act of aggression and adequate to stir the aggressor to
its commission
Q: Who has the duty to prove elements of self-defense?
Accused
Q: What is the effect of claim of self-defenses on burden of the prosecution?
Shifting the burden of proof
Prosecution is relieved of its duty to prove guilt of accused
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Q: Suppose hitting only the lower portion of the body, not killing the aggressor,
defense of property, may be claimed?
YES. As long as not to the extent of killing
^pag napatay mo, dapat may assault on your own person, right to life is
superior to right to property
Q: Supposing, using a knife, someone slashed your bag to get its contents, after
which you were able to wrest the knife from him, and you stabbed him, causing him
to die, can you invoke defense of property?
NO, because there was no imminent danger to your life or limb since you
already have control of the knife
Q: Supposing, you caught some people inside your house in the act of stealing your
household items, assuming you have a gun, can you use the gun and shoot at them
or even kill them?
YES (according to Prof. Amurao, you can even stage the crime scene to your
favor) because if you do not shoot them, they will surely use their weapons
against you and even try to kill you anyway. Its better to hit them first.
(Defense of home, check Reyes)
Q: Supposing, a prostitute disagrees to have sexual intercourse with someone, but
the latter still forces his way with the prostitute with carnal knowledge, tries to rape
her, then the prostitute takes out a knife in her bag and stabs the guy, can she
invoke defense of honor despite being a prostitute?
YES, a prostitute is still entitled to the right of defense of honor and the knife
was a reasonable means used.
Defense of home
Without assault of person, justified? NO.
Q: In defending your car being stolen, fired at the tires, which hit a by-stander,
liable?
No. Justified for all consequences of the act relate to art 4 (par1) not
committing a felony
Q: example of unlawful aggression against honor
-slap on the face
-repelled by revolver, reasonable means? No (no rational equivalence)
*Use of the bolo against an unarmed aggressor?
Depends on the circumstances
Such as the size of the aggressor, built, reputation or accessibility of other
means
Factor of time interval
Must be simultaneous with the attack or with appreciable interval of time
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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Who can determine being legitimate? the Court; the validity, legality, illegality of
the parties cannot be determined by themselves
Q: Supposing a husband defends a common law wife by killing an attacker, can he
invoke defense of relative?
NO, but he may invoke defense of a stranger
Q: Supposing a husband defends a second wife by killing an attacker; considering
that the marriage between him and his first wife is not null and void, thus making
his second marriage bigamous, can he still invoke defense of relative?
YES, the presumption is that all marriages are legal and valid. Even in the
absence of a judicial declaration of nullity (JDN) of the first marriage, the
second marriage is considered valid, thus defense of relative can be invoked.
Q: Supposing the husband and his first wife are on legal separation, then he defends
her from an attacker, can he invoke defense of relative?
YES, because there is no JDN to say that their marriage is null and void.
Q: Supposing, husband and wife successfully annuls their marriage and they have
secured a JDN on the grounds of psychological incapacity, then incidentally, he
defends her from an attacker, can he invoke defense of relative?
NO, because there is no marriage anymore between them; the JDN, once it is
approved by the RTC and is final and executory, it will have an effect wherein
as if no marriage existed between the defender and the one defended;
therefore, what can be invoked is defense of a stranger.
Q: Supposing husband and wife has a pending case for annulment due to
psychological incapacity of one of the parties, then incidentally, he defends her
from an attacker, can he invoke defense of relative?
YES, because there is no JDN that has nullified the marriage
Ascendants includes parents, grandparents, great grandparents, even great(4x)
grandparents
Descendants includes children, grandchildren, great grandchildren, even
great(4x) grandchildren
What do ascendants and descendants have in common? They are blood
relatives
Q: Supposing, a great, great, great, great grandfather is attacked and is defended
by his illegitimate grandchild, can the grandchild invoke defense of relative?
YES, because the no distinction in the Revised Penal Code whether the
descendant should be legitimate or illegitimate; when the law does not
distinguish, the courts cannot distinguish
Q: Supposing, a father defends his adopted daughter from an attacker, can he
invoke defense of relative?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NO, defense of relative cannot be invoked because the law does not
contemplate adopted children as descendants and also does not contemplate
adoptive parents as ascendants, to qualify as relatives contemplated under
Art. 11(2) RPC
Brothers and Sisters or siblings
1. legitimate siblings of the same parents who are married
2. natural siblings, who at the time of their conception with the same
parents, the parents are not married but are not disqualified by any legal
impediment to marry each other; if parents are disqualified to marry by any
impediment, the child is illegitimate
3. adopted there should be a judicial proceeding in court validating the
adoption in order to be considered under defense of relative as
contemplated; an extrajudicial proceeding on the adoption is not enough
Relatives by affinity in same degrees - relatives by marriage
In same degrees applicable to ascendants, descendants, siblings, even
grandparents of ones spouse, i.e. mother-in-law, father-in-law, brother-in-law,
sister-in-law, etc.
Relatives by consanguinity within the fourth (4th) civil degree
- relatives by blood
Illustration:
parent (2nd degree)
(1st degree)
daughter-in-law-----son
child
(3rd degree)
daughter-----son-in-law
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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When the order is not for a lawful purpose, the subordinate who obeyed it is
criminally liable
The subordinate is not liable for carrying out an illegal order of his superior if he is
not aware of the illegality of the order and he is not negligent
Battered Woman Syndrome (BWS)
- refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of
cumulative abuse (Republic Act 9262: Anti-Violence Against Women and
Children Act)
Battery refers to an act of inflicting physical harm upon a woman or child
resulting to the physical, psychological or emotional distress (RA 9262)
Q: Who can verify or confirm whether a woman suffers from Battered Woman
Syndrome?
Only a certified psychologist or psychiatrist can prove the existence of
Battered Woman Syndrome in a woman
Q: What is the legal effect of the proof of existence of BWS in a woman?
Those found by the courts to be suffering from BWS do not incur criminal and
civil liability notwithstanding the absence of any of the elements of the
justifying circumstance of self-defense under the Revised Penal Code (Section
26, Republic Act 9262)
The legal effect of BWS is of the same level with the justifying circumstances in
Art.11 of the RPC, except par. 4.
Even without unlawful aggression on the part of the deceased husband or male
partner, the act of the woman shall still not incur criminal and civil liability
Q: Who are the women who can invoke Battered Woman Syndrome?
- wife - any woman having a sexual relationship with a man
- girlfriend - including dating women, if relationship is intimate
- former wife - common law wife
- former wife whose marriage with her has been annulled by a judicial
declaration of nullity (JDN)
-children
It not necessary that the woman suffering from BWS is still in a relationship with
the man that she killed or harmed.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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Article 12
Q: What is an exempting circumstance?
- a circumstance if present during the commission of the crime will free the
accused from criminal liability
- there is a crime, but there is no criminal
- burden of proof to prove the existence of an exempting circumstance: lies
with the defense
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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Exempting
nor a criminal
no criminal
paragraphs 4 and 7
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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Children falling under this Act are referred to as a child in conflict with the law;
normally minor offenders are referred to as the accused, juvenile delinquent,
prisoner, respondent, etc. but it is contemplated that these terms refer to persons
who have committed crimes; RA 9344 prohibits the use of these terms to refer to
minor offenders, only the abovementioned term can be used
For a child in conflict with the law there is a presumption of the absence or
lack of intelligence
Offenders are free from criminal liability but are still civilly liable
The legal effect of the exemption: the child shall be given to the custody of the
parent or guardian; in their absence, the custody is given to the following,
according to their order of availability:
(a) registered non-governmental organization
(b) registered religious organization
(c) member of the Barangay Council for the Protection of Children (BCPC)
(d) local office of the Dept. of Social Welfare & Development (DSWD)
(e) national office of the Dept. of Social Welfare & Development (DSWD)
Another effect is that the minor is subjected to an intervention or
diversion program which involves: seminars and classes on family and
mediation, skills improvement, emotional management, etc.; other diversion
programs are for reformation and rehabilitation, in which the public prosecutor
usually initiates the recommendation for the minor to be subjected under the
program
Q: What is a child at risk?
General Rule for minors above 15 or below 18 years of age: exempted, because
the presumption is that they acted without intelligence
Exception: the minor acted with discernment
How is discernment determined? (Reyes)
(1) manner of committing the crime
(2) conduct of the offender
Discernment can also be determined by the words uttered by the minor
attendant to the commission of the act, eg. the words, Buti nga sayo!, which
indicates an expression of accomplishment, victory or satisfaction
When the case has been decided by the court
If the judgment is an acquittal, the decision shall immediately take effect without
suspension, and the decision shall be promulgated and pronounced
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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(vii) retroactive application of RA 9344 on persons who were convicted and are
currently serving time for crimes they committed when they were minors above
9 or below 15 years of age when they committed the offense, because minors
who acted with discernment under this age bracket, were not exempted from
criminal liability before under the RPC, but has already been repealed by RA
9344; their criminal liability is erased therefore they shall be released
Q: Supposing, a 10-year old, who is apparently very intelligent, commits a crime,
will he be exempted from criminal liability considering the high level of intelligence
of the child?
YES, he is still exempted; what is important is the age of the child at the time
of the commission of the crime; it doesnt matter whether the child was
extremely intelligent
Status Offenses (under RA 9344) refers to offenses which discriminate only
against a child, while an adult does not suffer any penalty for committing similar
acts; these shall include curfew violations, truancy, parental disobedience and the
like
Status offenses when committed by a minor are punishable, but are not
punishable anymore under RA 9344
Status offenses when committed by an adult are not punishable
The Dangers of Republic Act 9344 (Amurao)
- can be abused or taken advantage of by crime syndicates that use minors
as instruments for the commission of crimes
- The effect of the liberal exemptions of RA 9344 what will happen to the
victims if the offenders, who are minors, will be exempted all the time?
Victims will take the Filipino way = taking the law into their own hands
With reference to RA 9344, the Philippines is not yet ready for that kind of law.
(Amurao)
Basis for the exemption of a minor: absence or lack of intelligence
Article 12(4) - Accident
- Elements:
1. a person is performing a lawful act
2. the act is done with due care
3. causes an injury to another by mere accident
4. injury was done without fault or intention of causing it
Q: What is an Accident?
Q: What are the Requisites?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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Article 13
Q: what is mitigating circumstance?
- those which, if present in the commission of the crime, do not entirely free
the actor from criminal liability but serve only to reduce the penalty
Q: What are the Kinds?
Ordinary
Privileged
Par.1 of Art. 13 becomes a privileged mitigating circumstance because of Art.69
(Amurao)
Art.69 makes par.1 of Art.13 a priv. mit. Circumstance.
Classification:
ORDINARY
PRIVILEGED
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
- offset by a generic aggravating
circumstance
- penalty lowered to minimum
Page 63 of 149
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- cannot be offset by a generic
aggravating circumstance
- penalty lowered by degree
Mitigating and aggravating circumstances are not applied to special penal laws
because the penalties in special penal laws cannot be divided into three periods
Article 13(1) Incomplete Justifying or Exempting Circumstances
- is considered a privileged mitigating circumstance, provided, majority of the
elements required to justify or exempt are present
- for the justifying circumstances of self-defense, defense of relative and defense of
stranger = the element of unlawful aggression should always be present
*All elements of JC or EC present exempt or justified
*IE elements but not majority ordinary mit. Circ.
*Majority of the elements are present- priv. mit. Circ.
Provided that in self defense, defense of relative or defense of stranger,
Unlawful aggression is present.
Q: Give an example.
Example of mitigating circumstance of incomplete accident
(see page 259 of book) There was fault.
Q: Woman sleeping in her room. Janitor happened to enter the room to clean. He
accidentally touched the hand of the woman. Believing her honor was in danger,
shot the janitor using a gun under her pillow? (US vs. Apego)
Mit. Circ.- Mistake of fact of the woman.
Priv. Mit. Circ. Of self-defense
(N.B. Unlawful Agression + either of requisites 2 or 3)
Q: 50 meters away- privileged?
No, considering the distance UA not present
Article 13(2) Minority
- covers minors above 15 years but below 18 years of age (16-17 years old),
who acted with discernment
- shall be entitled to the benefits of a privileged mitigating circumstance
Basis for mitigation: diminution of intelligence
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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To determine whether the personal offense is grave, the ff. are considered:
- social standing of the person
- time when the insult was made
- place where the insult was made
- sometimes, even the age may be considered
Basis for the mitigation: diminution of the conditions of voluntariness
Q: There are 3 mit. Circ. Present. Will you be entitled to the benefits of these MC?
No. Arose only out of 1 fact/ set of facts.
Q: 9:30 mother informed you that your sister was raped. You searched for him with
a revolver. Did not find him. Found him after 3 days.
Passion or obfuscation? No.
Provocation? No.
Vindication? Yes.
Q: What is required in vindication?
Lapse of time
Q: What if after one week, vindication?
Law says immediate
Q: Difference of meaning of immediate in par. 4 and 5?
Yes.
8 months, vindicating?
Q: Chinaman eloped with sweetheart. Parent of sweetheart considered it an offense
against family. Father looked ofr daughter. Found her in the house of the chinaman.
Then father knocked, Chinaman ran and refused to talk with father. Father enraged
shot chinaman.
1) How many mit. Circ.?
Vindication of grave offense
Passion or obfuscation
2) Must grave offense constitute a crime?
No.
Q: Supposing you have a first cousin, girl, so close to you, who was raped by
neighbor. You looked for neighbour and shot him dead.
What mit. Circ? Vindication?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Crippled? Yes.
Toothless? Yes!
When must the physical defect be present? At the time of the commission of the
crime.
ORDINARY MIT.
Legal effects.
Article 13(9) Illness
- the offender has diminished exercise of willpower; loss of willpower may even be
exempting
- deprivation of consciousness
Basis for mitigation: diminution of intelligence and intent
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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Article 14
Q: What are aggravating circumstances?
- those if present, are not automatically offset by mitigating circumstances
- may increase the penalty provided by the law without exceeding the maximum
penalty or it changes the nature of the crime
- Classification:
1. Generic those that generally apply to all crimes, eg. Recidivism, Aid of Minors,
Advantage taken by Public Position, etc
2. Specific those that apply to particular crimes, eg. Ignominy, Treachery
3. Qualifying Those that change the nature of the crime, eg. Treachery, Evident
Premeditation, Cruelty, etc.
4. Inherent necessity accompanies the commission of the crime, eg. sex is
inherent in crimes against chastity
Difference between Generic and Qualifying
GENERIC
QUALIFYING
- can be offset by an ordinary
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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- based on Republic Act 7659, in crimes committed by a public officer, the penalty
prescribed by law is always at the maximum, regardless of the mitigating
circumstances presented and regardless of the nature of these mitigating
circumstances
Public Officer for advantage taken to be appreciated, s/he must use the
influence, prestige or ascendancy which his office gives him as the means by
which s/he realizes his purpose.
There should be a deliberate intent to use the influence, prestige or ascendancy
Is it enough that the offender is a public officer? NO, he has to use the influence,
prestige or ascendancy given to him by his office
Supposing, a police officer enters the house then ties up the residents and robs
them, can the aggravating circumstance of advantage taken of public position be
appreciated? YES
Supposing, a traffic enforcer take over the car of a driver and speeds away, he is
convicted of robbery, can the aggravating circumstance of advantage taken of
public position be appreciated? YES
Supposing some members of the barangay council asked for financial sponsorship
for the education of the community, then the project turned out to be false, can
the aggravating circumstance of advantage taken of public position be
appreciated? YES
Supposing, if these crimes were attendant of negligence, passion or obfuscation,
vindication, or sufficient provocation, can the aggravating circumstance of
advantage taken of public position be appreciated? NO, because these
circumstances are incompatible with advantage taken of public position since
deliberate intent is absent in these instances.
Supposing, a police investigator asked a rape victim to enter a room where he
committed acts of lasciviousness on the rape victim, can the aggravating
circumstance of advantage taken of public position be appreciated? YES
The aggravating circumstance of advantage taken of public position is NOT
appreciated when the public position is an integral element or inherent in the
offense; In the ff crimes, public position is inherent:
- bribery
- malversation of public funds
- indirect bribery - falsification of public documents
- RA 3019
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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NOTES BY:
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Q: General has illicit relations with a wife of a Sergeant. Sergeant saw them in tight
embrace, shoots the General. Aggravating?
No. with passion and obfuscation (p/o)
Vindication of grave offense with disregard of rank? Yes they are not
inconsistent.
Age
Q: Accidental meeting between offender and offended?
No. must have deliberate intent
Q: Spur of the moment?
No. same reason. Applies also to Rank
By accident? No.
Rank is a generic
Q: what is the Legal effect?
Not offset by any ordinary mitigating circumstance. Raises the penalty to the
maximum
- Can be offset by mit circumstance
Q: When there are 2 or more generic agg, not offset by ordinary mit, can the
penalty go beyond the max prescribed by law? No.
When there are 10? No.
Must not exceed the penalty prescribed by law for the offense
What is the required age difference? 15 years at least (could be the father)
Legal effect? Not offset by any ordinary mitigating circumstance. Raises the
penalty to the maximum
-
When there are 2 or more generic agg, not offset by ordinary mit, can the penalty
go beyond the max prescribed by law? No.
When there are 10? No.
Must not exceed the penalty prescribed by law for the offense
What is the required age difference? 15 years at least (could be the father)
Age is generic
NOTES BY:
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Page 83 of 149
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Dwelling
What is dwelling? (*Lloyd used the definition in the book. MALI)
Generic
Comfor room a dwelling? No.
Dwelling a place of structure which satisfies the requirements of domestic life of a
person
Is it enough that the crime be committed in the dwelling? No. deliberate disregard
of the respect due to the offended party in the dwelling.
- Incomapatible with negligence
- Incompatible with p/o
- Incompatible with sufficient provocation
-Vindication can co-exist with dwelling? Yes. They are not incompatible.
Accused shot the victim while on the roof. Dwelling is aggravating
Accused was in the middle of the road. Victim was brushing his teeth by the window
of the house. Dwelling is aggravating, regardless of the location of the offender
Accused under the house of victim. Victim on the upper portion. Aggravating? Yes.
Carport? Yes
Comfort room of house? Yes
If the CR is 500 meters from the house? No. no longer an integral part of the
house.
Victim inside car. Car is in carport? Yes.
-
Son of owner of house, raped housemaid. Not aggravating. Must not be living in the
same house.
-Maid only reports from 6 am to 9 pm. Then goes home to family. No.
Family driver reports from 6am to 8pm. Employer was out, driver raped thestay-in
housemaid. This is aggravating.
Siblings brother killed brother? No.
Husband killed paramour in conjugal room. Aggravating against the husband? No
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Wife had sex with a stranger in the conjugal room. Aggravating against wife? Yes.
See page 354. Exception to the rule that dwelling is not aggravating if both is living
inside.
If the owner is the offender? No, as a general rule
-
- qualified seduction
Supposing, lovers broke off 1 week before their encounter, can the
aggravating circumstance of abuse of confidence be appreciated? NO
Supposing, a nanny killed 2 yr.old child under her care, can the aggravating
circumstance of abuse of confidence be appreciated? NO, because there is no
direct relationship and trust between the nanny and child
Supposing, the nanny killed the mother of that child under her care, can the
aggravating circumstance of abuse of confidence be appreciated? YES, because
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there is direct relationship and trust between the nanny and the parents of the
child
Ungratefulness must be obvious, manifest and clear
- a generic aggravating circumstance = can be offset by an ordinary mitigating
circumstance; can be raised to the maximum
- applicable to domestic servants, katiwalas, security guards
- not applicable to if offender and offended both live in the same house
Basis for aggravation: greater perversity of the ways and means employed
Abuse of confidence in estafa? Inherent.
Obvious ungratefulness
Employer attempted against the honor of housemaid. After several day, employer
invited housemaid to farm. Raped housemaid. No.
Abuse of confidence? Confidence broken.
Article 14(5) Palace and Places of Commission of Offense
- this paragraph contemplates FOUR aggravating circumstances
- offender must have the intention to commit a crime when he entered the place
- all the four circumstances are not applicable to cases attendant of passion or
obfuscation, immediate vindication or those with sufficient provocation = because
of the lack of intent
- not applicable to cases involving spurs of the moment or chance meetings
Wisdom behind this circumstance: Why aggravate? Whats with the place?
Because the place deserves respect (applies to all the places mentioned under
this paragraph)
Crime committed in the Palace of the Chief Executive
- a generic aggravating circumstance = can be offset by an ordinary mitigating
circumstance; penalty can be raised to the maximum
- Is it necessary that the Chief Executive be there? NO
- the palace contemplated here is the Malacanang Palace
NOTES BY:
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Supposing, the chef of the Chief Executive killed a janitor, can the
aggravating circumstance of palace of the Chief Executive be appreciated? YES,
the Chief Executive need not be there
Supposing, a guest shot to death FG Mike Arroyo, can the aggravating
circumstance of palace of the Chief Executive be appreciated? YES
Supposing, using the same facts above, the crime was committed in the lawn,
can the aggravating circumstance of palace of the Chief Executive be
appreciated? NO, because the lawn is not part of the palace
Supposing, using the same facts above, the crime was committed in the
presidential mansion, can the aggravating circumstance of palace of the Chief
Executive be appreciated? NO, because the mansion is not the palace
Crime committed in the Presence of the Chief Executive
- a generic aggravating circumstance = can be offset by an ordinary mitigating
circumstance; penalty can be raised to the maximum
- requires the personal presence of the Chief Executive
- Is it necessary that the crime be committed in the Presidential palace? NO
Supposing, the president personally saw the crime, can the aggravating
circumstance of in the presence of the Chief Executive be appreciated? YES
Supposing, the president, while watching television, saw the crime? can the
aggravating circumstance of palace of the Chief Executive be appreciated? NO
Supposing, on-board a helicopter, the Chief Executive saw the crime from
a distance, can the aggravating circumstance of palace of the Chief Executive be
appreciated? YES
Supposing, the offender had no knowledge that the Chief Executive was
present or near the place of the commission of the crime, can the aggravating
circumstance of palace of the Chief Executive be appreciated? NO
Crime committed in the Place where Public Authorities are in the
Discharge of their Duties
- a generic aggravating circumstance = can be offset by an ordinary mitigating
circumstance; penalty can be raised to the maximum
- emphasizes the place of the commission of the crime
- the public authority must be in the exercise or performance of ones official
function
Crime committed in a Place Dedicated for Religious Worship
- a generic aggravating circumstance = can be offset by an ordinary mitigating
circumstance; penalty can be raised to the maximum
- emphasizes the respect that should be afforded to the place
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Supposing, there was no ceremony in the church when the crime was
committed, can the aggravating circumstance of place dedicated for religious
worship be appreciated? YES
Supposing, there was no priest in the church, can the aggravating
circumstance of place dedicated for religious worship be appreciated? YES
Supposing, the crime was committed in a chapel inside a cemetery (the
chapel is used only when there are masses to be held for purposes of
funeral services), can the aggravating circumstance of place dedicated for
religious worship be appreciated? NO, the place of religious worship should hold
religious ceremonies there regularly
Basis for aggravation: greater perversity shown by the place of the commission
of the crime, which must be respected
Generic
Emphasis of par 5? PLACE of the commission of the crime. (respect due to the
place)
Pres Noynoy in Times St. Crime committed in Malacanang grounds. (garden). No,
must be in palace itself, not garden.
If the convoy was caught in heavy traffic. Accused knew it was the presidents
convoy. Committed holdup in the streets. Aggravating? Yes
Incompatible with negligence, p/o and sp.
President noynoy in helicopter hovering over the projects. Two workers had a fight.
One stabbed another to death within view of president noynoy. Aggravating? Yes.
Place devoted for religious worship.
Generic.
Is it enough that the crime be committed in a place decoted to religious worship?
No. deliberate intent.
Accused rape victim while praying in San Beda Abbey? Yes
If in a private chapel in your house? No. 1.) regular worship. Regular religious
worship. 2.) must be open to the public.
Chapels in cemeteries? No.
NOTES BY:
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Lecture & Recitation Notes
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW
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Page 89 of 149
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Supposing, the crime was committed inside a movie house when the lights
were still open and the time then was 9pm, can the aggravating
circumstance of nighttime be appreciated? NO, because even though it was
nighttime, the place of the commission was well-lighted when it was committed
Supposing, the crime was committed in a place where it was well-lighted by
a Meralco lightpost, can the aggravating circumstance of nighttime be
appreciated? NO
Uninhabited Place
- a qualifying aggravating circumstance = cannot be offset by a mitigating;
CHANGES THE NATURE OF THE CRIME
- there should be intent
Spur of the moment Not applicable
What is considered is the reasonable possibility for the victim to receive some
help; the degree of difficulty of giving assistance or help
Solitude (must be sought for to better attain criminal purpose)
- for an easy and uninterrupted accomplishment of their criminal design
- to insure concealment of the offense; security against detection and punishment
Band
- more than three malefactors
- shall have acted together
- a qualifying aggravating circumstance = cannot be offset by a mitigating;
CHANGES THE NATURE OF THE CRIME
What do you mean by armed? only guns? NO, knives are considered; anything
that can kill a person
Aggravating in crimes against property and crimes against persons; NOT
applicable in crimes against chastity
Basis for aggravation: time & place of the commission & means employed
How many AC? 3
Nighttime generic (with jurisprudence)
Nighttime as absorbed in treachery qualifies homicide to murder
What is nighttime? P. 365
8pm. Met in the classroom. Stabbed amurao. Aggravating? No. classroom is well
lighted.
Incompatible with: accidental meeting, negligence, p/o, s/p, spur of the moment.
Started the crime at 5pm (sunset) finishes at 11 pm aggravating? No. unset not
dark yet.
Started at 3 am 530 pm sunrise? No.
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Deliberate intent.
If the crime was finished only at nighttime not aggravating
Moviehouse. Lights off? No.
Announcement of total eclipse causing total darkness from 3pm to 5 pm. You plan to
kill your neighbor when the eclipse set in. not aggravating
\killed during full moon.no clouds covered the moon. NO
- Nighttime to be aggravating, the accused must have sought the darkness of
the night.
In crimes against person may be an indicia of treachery.
Uninhabited place
Generic
Legal effect?
Why aggravating? No possibility of receiving help (TEST)
Deliberate intent
Incompatible with negligence, sp, p/o, chance encounter, spur of the moment,
Can treachery absorb this ac? Yes.
By Band
Generic
Absorbed by treachery? Yes
Synonymous with syndicate? No
- 2 or more
- Not necessarily armed
5 persons commirtted robbery, only 3 armed. Bya band? No. at least 4 armed.
NOTES BY:
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Reason: in the midst of great calamity, instead lending aid to the afflicted, the
offender adds to the victims suffering by taking advantage of their advantage of
their misfortune to despoil
The offender must seek for the calamity as an opportunity to take advantage
or to commit the crime
Supposing, the offender saw his mortal enemy in a flood, then he killed his mortal
enemy, can the aggravating circumstance of be appreciated? NO
Basis for aggravation: time of the commission of the crime
PARAGRAPH 7
- Qualifying
- Legal effect
- Deliberate intent must take advantage of the calamity
Incompatible with negligence
Conflagration
Retrieving your property. Accidentally met your mortal enemy. Stabbed him. Not
aggravating
Incompatible with: p/o, spur of the moment, sp
Conflagration - A stranger took your properties, what is the crime. Qualified theft.
Article 14(8) Aid or Armed Men, etc.
- that the crime be committed with the aid of (1) armed men or, (2) persons who
insure or afford impunity
Armed Men
- at least two (2) men; the law says men; four (4) men = band already
- a qualifying aggravating circumstance = cannot be offset by a mitigating;
CHANGES THE NATURE OF THE CRIME
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Direct or indirect
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Qualifying
Legal effect?
e.g. first gentleman approchaed to protect you after killing somebody Yes
Chieftain of ABB-NPA (notorious). Aggravating? Yes. Impunity for Criminal
Prosecution. Assurance that there will be no complainant and witnesses Yes. not
required to be legal source.
Mistress of mayor to afford impunity yes
Article 14(9) Recidivism
- a generic aggravating circumstance = can be offset by an ordinary mitigating
circumstance; penalty can be raised to the maximum
Recidivist one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same
title of the RPC
Requisites:
1. that the offender is on trial for an offense
2. that he was previously convicted by final judgment of another crime
3. that both the first and the second offense are embraced in the same title of the
RPC
4. that the offender is convicted of the new offense
Supposing, the first offense was acts of lasciviousness in 1980, then the second
offense in 2006 was attempted rape, can the aggravating circumstance of
recidivism be appreciated? NO, because acts of lasciviousness and attempted
rape are not embraced in the same title of the RPC; acts of lasciviousness-crimes
against chastity; attempted rape-crimes against persons
Supposing the first offense in 1980 was attempted rape, then the second offense
in 2006 was acts of lasciviousness, can the aggravating circumstance of
recidivism be appreciated? YES because attempted rape then in 1980 was
embraced under crimes against chastity, hence both crimes are embraced in the
same title of the RPC
Pardon does not obliterate the fact that the accused was a recidivist
The time or period between the two offenses is immaterial
Basis for aggravation: inclination to crimes
-
Qualifying
Legal effect
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2. that he previously served sentence for another offense to which the law attaches
an equal or greater penalty or for 2 or more crimes to which it attaches a lighter
penalty than that for the new offense
3. that he is convicted of the new offense
Difference between Recidivism and Reiteracion
RECIDIVISM
REITERACION
3. Habitual Delinquency/Multi-recidivism
2. Reiteracion or Habituality
4. Quasi-recidivism
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Habitual Delinquency when a person within a period of 10 years from the date
of release or last conviction of the crimes of serious or less serious physical
injuries, robbery, theft, estafa, or falsification, found guilty for a 3 rd time or oftener.
A habitual delinquent shall suffer an additional penalty
Quasi-recidivism any person who shall commit a felony after having been
convicted by final judgment before beginning to serve such sentence or while
serving the same, shall be punished by the maximum period of the penalty
prescribed by law for the new penalty.
Basis for aggravation: inclination to crimes
Reiteraciion and recidivism distinguish
Murder pardon. Aggravating? Yes. Pardon does not obliterate.
Attempted homicide 6 years probation
Frustrated murder No.
Serious physical injuries 4 years, pobation
Less serious no
Classification generic
Legal effect?
Attempted homicide not alleged but proved during trial appreciate habituality?
Yes, generic if without objection
-
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There should be two or more offenders: the one who offers, the one who accepts
it
Criminal Participation: the one who offers is a principal by inducement, the
one who accepts is a principal by direct participation
It is not necessary that the principal by direct participation receive the reward or
promise; what is important is that the reward or promise was the sole motivating
factor otherwise the crime would not have been committed
Supposing, the one who commits the crime knows of the reward or promise
already, can the aggravating circumstance of price, reward or promise be
appreciated? NO, because there was no motivation already
Basis for aggravation: greater perversity by the motivating power itself
Price, reward or promise
- At least 2 or more offenders
- Must be the sole mitigating power without which there would be no crime
- Qualifyinf legal effects
Giving reward principal by inducement
Acceptor direct participation
Necessary that accused actually received? NO
You approached a gun-for-hire. Paid 50k to kill Amurao. Gun for hire was his former
student willing to kill Amurao without price. Aggravating? No.
Article 14(12) By means of inundation, fire, etc.
- that the crime be committed by means of inundation, fire, poison, explosion,
stranding, of a vessel or intentional damage thereto, derailment of a locomotive, or
by the use of any other artifice involving great waste and ruin
- a qualifying aggravating circumstance = cannot be offset by a mitigating;
CHANGES THE NATURE OF THE CRIME
There are instances when these circumstances are inherent in the crime, thus
cannot be appreciated as aggravating circumstances:
1. by means of fire- inherent in arson
2. by means of derailment of locomotive inherent in damage to means of
communication
3. by means of explosion- without intent to kill, inherent in destruction to property
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-Function of qualifying agg. Circ. Is to change the nature of the offense for which the
accused stands to be prosecuted.
-Role of privilege mitigating circ. Is to reduce the penalty by one or two degrees as
the case may be from the proper penalty imposed on the offense as qualified.
Can co-exist with vindication for a grave offense? Yes.
Kill neighbor
W/o treachery- Homicide (reclusion temporal)
w/ treachery- Murder (reclusion perpetua to death)
with 1 mit circ. (RP in medium, RP in minimum)
with 1 priv. mit circ. RT (one degree lower from RT)
Treachery can be appreciated in RAPE? Yes, crime against persons.
In a prosecution for rape, by treachery and abuse of superior strength or craft,
fraud, disguise- absorbed in treachery
In prosecution for MURDER qualified by treachery and evident premeditation. Can
EP be appreciated so as to increase penalty in maximum? NO. absorbed in
treachery.
Same with inundation, fire, poison, explosion, price, reward or promise.
Aid of armed men, persons who afford impunity, nighttime, calamities or
misfortune.
ALL QUALIFYING AGGRAVATING CIRC. Enumerated in People vs. Palaganas can be
absorbed by treachery.
Supposing you killed your neighbor with evident premeditation and employed
means to weaken defense and used disguise and took advantage of deep flood.
How many qualifying? 4
Assuming there was treachery, how many? 5
Is it necessary for the court to consider all 5 to change the nature of the felony? No.
Treachery will suffice.
Now, what will happen to the other 4 aggravating circ? Deemed absorbed in
treachery. They can no longer be appreciated to impose penalty in the maximum.
TESTS in TREACHERY.
1. Is the attack sudden and unexpected?
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Supposing victim warned not to enter a certain area while walking along the road,
somebody stabbed him from behind, treachery? YES. General warning is not enough
to remove treachery.
Is the aggravating circumstance of Treachery compatible with the mitigating
circumstance Immediate Vindication of a Relative for a Grave Offense? YES,
because there was intent to take revenge
Rules regarding Treachery
1. applicable only to crimes against persons
2. means, methods, or forms need not insure accomplishment of crime; only to
insure execution
3. the mode of attack must be consciously adopted
Requisites
1. That at the time of the attack, the victim was not in a position to defend
himself
2. That the offender consciously adopted the particular means, method or
form of attack employed by him
What is important to determine are the following:
- the victims ability to defend himself
- the mode of attack was consciously adopted
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2. When the assault is not continuous, or the attack is divisible into two or
more stages, or interrupted, it is sufficient that treachery was present at
the time of the mortal blow was inflicted.
Supposing, there was a heated argument between the offender and the
offended before they attacked each other, can the aggravating circumstance of
treachery be appreciated? NO, either or both parties should have been prepared
Supposing, there was a warning from the offender, then after a few minutes
he attacked the victim, can the aggravating circumstance of treachery be
appreciated? NO, because there was a chance to defend himself and pose a
risk to the offender
Supposing, your enemy was sleeping, you tapped him, then you shot him as
soon as he awakened, can the aggravating circumstance of treachery be
appreciated? YES
Supposing, the victims hands and feet were tied, then mortal wounds
were inflicted on the victim, can the aggravating circumstance of treachery be
appreciated? YES
Supposing, the offender buried half of the victims body, then he hacked the
victim to death, can the aggravating circumstance of treachery be appreciated?
YES
Supposing, the accused shot the victim who was tied to a coconut tree, can the
aggravating circumstance of treachery be appreciated? YES
Supposing, there was a dispute over a parking space, then the accused shot
the victim, can the aggravating circumstance of treachery be appreciated? NO
Supposing, the victim suffered frontal mortal wounds, immediately, can the
aggravating circumstance of treachery not be appreciated? NO, because having
frontal wounds is NOT conclusive that there was no treachery
Supposing, the victim suffered mortal wounds at the back, immediately, can
the aggravating circumstance of treachery be appreciated? NO
Note: The location of the wounds does not give rise to the presumption of the
presence of treachery
Supposing, the victim hid behind a drum where he could not be seen by the
offender, the offender, knowing that the victim was hiding behind the drum shot
at the drum; the bullet penetrated the drum and hit the victim which
caused his death, can the aggravating circumstance of treachery be
appreciated? YES, because the victim was not in a position to defend
himself
Supposing, there was an agreement to fight
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Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
- the offender should deliberately seek for the use of the vehicle
- the use of the motor vehicle must be the means used to commit the crime
- should facilitate the commission of the crime
Supposing, the accused robbed a house then found a car in front of the
house which he used for his escape, can the aggravating circumstance of use of
motor vehicle be appreciated? NO, because the crime was already accomplished
Supposing, the accused robbed the passengers in a bus, can the aggravating
circumstance of use of motor vehicle be appreciated? YES, even if it is a public
vehicle, the circumstance can be appreciated
Supposing, a taxicab was hired, then an argument ensued inside where
the accused killed the victim, can the aggravating circumstance of use of
motor vehicle be appreciated? NO, because the motor vehicle was just incidental
to the crime
Are motorized bikes considered? YES
What if it is a motorized bike but the motor is not used? YES
Are road-rollers or pison considered? NO, because it is not motorized as
contemplated by the LTO
Use of motor vehicles is inherent in the crime of carnapping
Basis for aggravation: means and ways employed
Article 14(21) Cruelty
- that the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commission
- a qualifying aggravating circumstance = cannot be offset by a mitigating;
CHANGES THE NATURE OF THE CRIME
Cruelty when the culprit enjoys and delights in making his victim suffer slowly
and gradually, causing the victim unnecessary physical pain in the consummation
of the criminal act
Requisites:
1. That the injury caused be deliberately increased by causing another wrong
2. That the other wrong be unnecessary for the execution of the purpose of the
offender
Is there cruelty when it is done against a dead body? NO, because it did not
prolong pain since the person was already dead
Is there cruelty when it is done against an unconscious person? YES
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Supposing, a dead person was found with 125 stab wounds, can the
aggravating circumstance of use of motor vehicle be appreciated? NO, because
the number of wounds is immaterial with cruelty
Ignominy moral suffering
Cruelty physical suffering prolonged
Cruelty cannot be presumed
Basis for aggravation: ways employed
Article 15
- 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
The following are alternative circumstances:
1. Relationship
2. Intoxication
3. Degree of Instruction and Education of the Offender
Article 15(1) Relationship
- considered when the offended party is the:
a. spouse
b. ascendant
c. descendant
d. legitimate, natural, adopted sibling
e. relative by affinity
Q: Supposing, a stepdaughter was raped by her stepfather, can the alternative
circumstance of relationship be appreciated? YES
Relationship is mitigating in crimes against property (RUFA):
1. robbery 3. fraudulent insolvency
2. usurpation
4. arson
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
appreciated? NO, because love for country is a natural feeling that requires no
degree of instruction
Supposing, accused committed crimes against chastity, can the alternative
circumstance of low degree of instruction as a mitigating circumstance be
appreciated? NO
Supposing, accused committed crimes against chastity, can the alternative
circumstance of low degree of instruction as a mitigating circumstance be
appreciated? NO
Supposing, accused committed the crime of murder, can the alternative
circumstance of low degree of instruction as a mitigating circumstance be
appreciated? NO
Supposing, a lawyer committed the crime of estafa, can the alternative
circumstance of high degree of instruction as an aggravating circumstance be
appreciated? YES
Supposing, a doctor prepared a special poison to kill the victim, can the
alternative circumstance of high degree of instruction as an aggravating
circumstance be appreciated? YES
Article 16
ARTICLE 16 WHO ARE CRIMINALLY LIABLE
-the following are criminally liable for grave and less grave offenses:
1. Principals
2. Accomplices
3. Accessories
- the following are criminally liable for light felonies:
1. Principals 2. Accomplices
Accessories are not liable for light felonies because the social wrong is so
small
Rules on light felonies
1. punishable only when consummated
2. when committed against persons or property and punishable in the attempted or
frustrated
3. only principals and accomplices are liable
4. accessories are not liable even in crimes against persons or property
Only natural persons can be active subjects of a crime contemplated under
Article 16 of the RPC
Reasons:
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
1. Under the Revised Penal Code, persons act with personal malice or negligence;
artificial/judicial persons cant act with malice or negligence
2. A juridical person like a corporation cant commit a crime that requires willful
purpose or malicious intent
3. There is substitution of deprivation of liberty for pecuniary penalties in insolvency
cases
4. Other penalties like destierro and imprisonment = executed on individuals only
Article 17
ARTICLE 17 PRINCIPALS
- the following are considered principals:
1. those who take a direct part in the execution of the act
(By Direct Participation)
2. those who directly force or induce others to commit it (By Inducement)
3. those who cooperate in the commission of the offense by another act without
which it would not have been accomplished
(By Indispensable Cooperation)
Article 17(1) Principals by Direct Participation (PDP)
- Requisites:
1. they participated in the criminal resolution
2. they carried out their plan and personally took part in its execution by acts which
directly tended to the same end
In multiple rape, all the rapists are equally liable, regardless of degree of
participation
Without the 2nd requisite, there is only conspiracy = thus there is no criminal
liability
Article 17(2) Principals by Inducement (PI)
Principals by Inducement are ONLY liable when the Principal by Direct
Participation committed the act induced
Two ways of becoming principal by induction
1. by directly forcing another to commit a crime
2. by directly inducing another to commit a crime
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Article 18
ARTICLE 18 - ACCOMPLICES
- Accomplices are persons who, not being included in Article 17, cooperate in the
execution of the crime by previous or simultaneous acts
Direct Participation
criminal design after the conspirators because they have decided upon
have decided on it
- only concurs to the commission of
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
- mere instruments performing acts
Article 19
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:
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Examples of by concealing or destroying the body of the crime (or the corpus
delicti)
- assisted in the burial to prevent discovery
- concealing or hiding weapons used in the commission of the crime
- furnishes the means to stage the crime scene
Requisites for Article 19(3):
a. accessory is a public officer
- escape
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
functions
Article 20
ARTICLE 20 ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY
- those who are exempt are the following:
a. spouses c. descendants
b. ascendants
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
- correctional
- legal
Purpose of punishment: To secure justice
Theories justifying penalty
1. Prevention prevent or suppress the danger to the State
2. Self-defense right to punish; protect society from the threat or wrong
3. Reformation correct and reform the offender
4. Exemplarity punishment for deterrence
5. Justice punishment as an act of retributive justice
Social defense & exemplarity: justifies the imposition of the death penalty
The penalties under the RPC have a 3-fold purpose
1. Retribution or expiation penalty commensurate with the gravity of the crime
2. Correction or reformation shown by rules that regulate execution of penalties
consisting in deprivation of liberty
3. Social defense shown by its inflexible severity to recidivists and habitual
delinquents
Article 21-29
ARTICLE 21 PENALTIES THAT MAY BE IMPOSED
- No felony shall be punishable by any penalty not prescribed by law prior to its
commission
ARTICLE 22 RETROACTIVE EFFECT OF PENAL LAWS
- Penal laws shall be retroactive in so far as they favor the person guilty of a felony
and is not a habitual criminal
General Rule prospective effect
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Arresto Menor
Fines
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Afflictive penalties
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary absolute disqualification Penalties common to the
Perpetual or Temporary special disqualification
Prision Mayor
Fine
Bond to keep the peace
Correctional penalties
Prision Correccional
Arresto Mayor
Suspension
Destierro
Accessory Penalties
- Perpetual or Temporary absolute disqualification
- Perpetual or Temporary special disqualification
- Suspension from public office, the right to vote and be voted for, the profession or
calling
- Civil interdiction
- Indemnification
- Forfeiture of confiscation of instruments and proceeds of the offense
- Payment of cost
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
5. Pecuniary (fine)
ARTICLE 26 FINES (AFFLICTIVE, CORRECTIONAL, LIGHT)
Fines and Bond to keep the Peace are:
1. Afflictive over P6,000.00
2. Correctional P200.00 P6,000.00
3. Light Penalty less than P200.00
ARTICLE 27 DURATION OF PENALTIES
1. Reclusion perpetua 20 yrs. and 1 day to 40 yrs.
2. Reclusion temporal 12 yrs. and 1 day to 20 yrs
3. Prision mayor 6 yrs. and 1 day to 12 yrs.
4. Prision correctional, suspension, destierro 6 months and 1 day to 6 yrs.
5. Arresto mayor 1 month and 1 day to 6 months
6. Arresto menor 1 day to 30 days
7. Bond to keep the peace the period during which the bond shall be effective is
discretionary on the court
ARTICLE 28 COMPUTATION OF PENALTIES
(reading matter)
ARTICLE 29 PREVENTIVE IMPRISONMENT
Preventive imprisonment an accused undergoes this when the crime charged
is non-bailable, or even if bailable, he cannot furnish the required bail
The full-time or four-fifths of the time during which offenders have undergone
preventive imprisonment shall be deducted from the penalty imposed
Article 30-35
ARTICLES 30-35 EFFECTS OF PENALTIES
(reading matter)
Civil interdiction shall deprive the offender during the time of his sentence of
the rights parental authority, or guardianship, either as to the person or property
of any ward, of marital authority, of the right to manage his property, and of the
right to dispose of such property by any act or any conveyance
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Article 36
ARTICLE 36 PARDON; ITS EFFECTS
- shall not restore the right to hold office and the right of suffrage, unless expressly
restored by the terms of the pardon
- shall not exempt the culprit from civil liability
Difference bet. Pardon by the President & Pardon by the Offended
PARDON BY PRESIDENT
PARDON BY OFFENDED
- extinguishes criminal liability
offenders
Article 37
ARTICLE 37 COSTS
1. Fees
2. Indemnities, in the course of judicial proceedings
Article 38
ARTICLE 38 PECUNIARY LIABILITIES; ORDER OF PAYMENT
1. The reparation of the damage caused
2. Indemnification of the consequential damages
3. Fine
4. Costs of proceedings
The order of payment is as stated
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Article 39
ARTICLE 39 SUBSIDIARY PENALTY
Subsidiary Penalty a subsidiary personal penalty to be suffered by the convict
who has no property with which to meet the fine, at the rate of one day for each
eight (P8) pesos, subject to the rules provided for in Article 39
Subsidiary penalties should be expressly specified in the conviction because
without it, the accused cannot be compelled to comply with it
Article 40-44
ARTICLES 40-44 ACCESSORY PENALTIES OF ARRESTO
(reading matter)
- Accessory penalties do not have to be specified expressly in the judgment of
conviction
- usually, the specific accessory penalties are not specified, they are said generally
Article 45-47
ARTICLE 45 CONFISCATION AND FORFEITURE
- the proceeds of the crime must first be submitted to the jurisdiction of the courts,
and also the tools used; if not submitted, the courts cannot adjudicate on the
proceeds and tools whether they would be disposed in favor of the state
ARTICLE 46 PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL
- the penalty prescribed by law for the commission of a felony shall be imposed
upon the principals
- the law prescribes a penalty for a felony in general terms, it shall be understood as
applicable to the consummated felony
Penalty in general terms shall be imposed:
1. upon the principals
2. for the consummated felony
Exception when the law fixes a penalty for frustrated or attempted felony
ARTICLE 47 WHEN DEATH PENALTY NOT TO BE IMPOSED
1. minors under 18 at the commission of the crime (repealed by RA 9344)
2. persons over 70 years old
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
The Death Penalty should be imposed on cases where the law specifies it
The Death Penalty as of now is deemed to be irrelevant
Article 48
ARTICLE 48 COMPLEX CRIMES
1. When a single act constitutes two or more grave or less grave felonies
(compound crimes)
2. When an offense is a necessary means for committing the other
(complex crime proper)
There must be at least two crimes
Complex crime = ONLY one crime
Complex crimes are more favorable to the accused because instead of being
convicted of two separate counts of the same crime, it is considered as only one
Compound Crime
- Requisites:
1. that only a single act is performed by the offender
2. that the single act produces (i) 2 or more grave felonies, (ii) one or more grave &
one or more less grave felonies, (iii) 2 or more less grave felonies
The single act should produce a grave felony or a less grave felony or a
combination of both
Light felonies produced by the same single act should be treated and punished as
separate offenses or may be absorbed by the grave felony
Supposing, you shot your neighbor then the bullet hit two children; the
result was your neighbor died, two children slightly injured, the result was 1
grave and 2 light felonies, is the crime complex or separate? Separate,
because the single act should produce a grave or less grave felony only
Supposing, a single criminal act produced 1 grave felony and 10 light
felonies, is the crime complex or separate? Separate
Supposing, a single criminal act produced 1 less grave felony and several
light felonies, is the crime complex or separate? Separate
Supposing, a single criminal act produced a crime punishable by the RPC and
a crime punishable by special law, is the crime complex or separate?
Separate, considered as separate violations
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Supposing, Prof. Amurao throws a grenade in class, 5 students died, is the crime
complex or separate? Complex
Supposing, using the same facts above, in addition 3 light felonies were
produced, is the crime complex or separate? Separate
Supposing, Prof. Amurao switched the machine gun to automatic and shot
at the students with one single act of pressing the trigger, producing
several injuries, is the crime complex or separate? Separate, because the what is
considered is the no. of bullets discharged (People v. Desierto)
Supposing, Prof. Amurao switched the machine gun to not automatic and
fired one bullet aimed at someone but hit 3 others producing serious
physical injuries, is the crime complex or separate? Complex
Supposing, the act of firing a machine gun produces the crimes of
attempted murder and physical injuries, is the crime complex or separate?
Separate, as held by the Court of Appeals
Supposing, two shots were fired directed against two different persons, is
the crime complex or separate? Separate
Supposing, in a notorious village, a commander ordered all his soldiers to
shoot at the residents, is the crime complex or separate? Complex, the SC
held in People v. Lawas that it was a complex crime because there was a single
offense since there was a single criminal impulse/intent/purpose
Supposing, a person stole the fighting cocks of his neighbor alternately
with three separate, independent acts, is the crime complex or separate?
Complex, as held by the SC in People v. De Leon, the criminal act was done
on the same occasion and the offender was motivated by one criminal
impulse
Supposing, a libelous article was published defaming 5 congressmen
specifically identified by their names, is the crime complex or separate?
Separate, because there are as many crimes of libel as there are persons libeled,
provided that the persons are expressly specified; because each of the 5
congressmen may file for libel
Supposing, using the same facts above except that the congressmen were
not identified, is the crime complex or separate? Complex
Supposing, in a local publication, news writers wrote that the Herrera
doctors are inefficient, is the crime complex or separate? Complex, because
the identification was in general terms, not specifically identified
Complex Crime Proper
- Requisites:
1. that at least two offenses are committed
2. that one or some of the offenses must be necessary to commit the other
3. that both or all the offenses must be punished under the same statute
Necessary means not equivalent to indispensable means
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Supposing, the accused kidnapped a girl with intent to kill, brought the
victim somewhere then killed her, is the crime complex? NO, the crime is only
murder, because the kidnapping was only a means to commit the crime of murder
Supposing, law students made a falsified solicitation letter and collected
money, is the crime complex? YES, the falsification of the private document was
necessary for the crime of estafa
Supposing, a public official committed malversation through falsification
of public documents, is the crime complex? YES, because the falsification was
necessary to commit malversation
Supposing, the accused killed his victim in a building, then committed
arson to conceal the murder, is the crime complex? NO
In the crimes of estafa and falsification, you look at the crime first committed if
it was necessary for the commission of the other; the common element in estafa
and falsification is the intent to cause damage
Supposing, a city treasurer malversed P5million pesos out of taxes then
falsified documents to conceal the malversation, is the crime complex? NO,
the crimes are separate
Supposing, in the crime of rebellion, an NPA commander burned villages
and killed the villagers in furtherance of his acts of rebellion, is the crime
complex? NO, because the acts he committed were absorbed in the crime
of rebellion
Supposing, in the crime of rebellion, the NPA commander killed someone
for personal reasons, is the crime complex? NO, the crimes are separate
In the crimes of treason or rebellion, when common crimes are committed, (1)
in furtherance of or is related to treason or rebellion, the crimes are absorbed,
but (2) for personal reasons or for a private purpose, the crimes are separate
There is no complex crime of rebellion with common crimes
Special Complex Crimes
- Rape with Homicide
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
The penalty for complex crimes is the penalty for the most serious crime,
the same to be applied in its maximum period
Two felonies in a complex crime punishable by imprisonment and fine = only the
imprisonment is imposed
Article 49
ARTICLE 49 PENALTY FOR PRINCIPALS OF CRIME COMMITTED WAS DIFFERENT FROM
WHAT WAS INTENDED
Article 50-57
ARTICLES 50-57 DEGREES TO WHICH PENALTIES SHOULD BE LOWERED (reading
matter)
Participants liability lowered by degrees
consumma
ted
frustrate
d
attempte
d
Principals
Accomplice
s
Accessorie
s
Article
Article
Article
Article
Article
Article
Article
Article
50
51
52
53
54
55
56
57
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
All penalties for each crime in the RPC = generally, shall always be imposed unless
the law itself expressly provides, except Article 60
Degree one whole penalty; one entire penalty or one unit of penalties
enumerated in the graduated scales
Period one of the 3 equal portions (minimum, medium, maximum)
Article 58-60
ARTICLE 58 ADDITIONAL PENALTY UPON ACCESSORIES OF ART.19(3)
- Absolute perpetual disqualification if guilty of a grave felony
- Absolute temporary disqualification if guilty of a less grave felony
Article 19(3) public officers who help the author of the crime by misusing their
office and duties shall suffer the additional penalties
ARTICLE 59 PENALTY FOR IMPOSSIBLE CRIMES
- Arresto mayor, with fine of P200-P500
Basis for imposition:
- social danger
- degree of criminality
ARTICLE 60 EXCEPTIONS TO ARTICLE 50-57
- shall not be applicable to cases in which the law prescribes a penalty for frustrated
and attempted stages or to be imposed on accomplices or accessories
Article 61
ARTICLE 61 RULES FOR GRADUATING PENALTIES
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Prision mayor
medium
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Article 62
ARTICLE 62 - EFFECTS OF THE ATTENDANCE OF MITIGATING AND AGGRAVATING
CIRCUMSTANCES AND HABITUAL DELINQUENCY
First rule: Aggravating circumstances:
1. should not themselves constitute a crime, eg. by means of fire = arson; by
means derailment of a locomotive = destruction of property
- Is unlawful entry a crime in itself? YES
2. should not be included in defining the crime, eg. by means of poison in the crime
of murder
3. The maximum period shall be imposed regardless of mitigating circumstances if
the offender is a public officer who took advantage by public position
4. The maximum period shall be imposed for members of an organized or
syndicated crime group
Organized or Syndicated Crime Group group of two or more persons
collaborating, confederating or mutually helping one another for purposes of gain
in the commission of any crime
Second rule
- Aggravating circumstances are not applicable if inherent in the crime, eg. evident
premeditation in robbery or theft; advantage taken by public position in
malversation; sex in crimes against chastity; breaking wall in malicious mischief
Third rule: Aggravating or Mitigating Circumstances arising from:
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
1. Moral attributes
Supposing, the victim gave sufficient provocation, which irritated the
accused who called his brother for assistance, then they both killed the
victim, can the mitigating circumstance of sufficient provocation be appreciated
for both of them? NO, only to the one who was the target of the provocation (the
accused) and not his brother
2. Private relations
Supposing, your neighbor slapped your mom, then you asked your friend
to accompany you to kill your neighbor, can the aggravating circumstance of
immediate vindication of a relative for a grave offense be appreciated for the both
you? NO, only to you because it was your mom who was offended first and not
your friend
3. Personal cause
Supposing, you and your friend entered your neighbors house, not
knowing that your friend is afflicted with kleptomania, can the mitigating
circumstance of illness be appreciated for the both of you? NO, illness can be
appreciated only to your friend
Fourth rule: Aggravating or mitigating circumstances apply in the:
- material execution of the act and in the means employed to accomplish it;
only to those who had knowledge at the time of the execution
1. Material execution
Supposing, Prof. Amurao asked his student to simply kill his classmate,
but the student applied cruelty when he killed his classmate, can the
aggravating circumstance of cruelty be appreciated with Prof. Amurao? NO,
because he had no knowledge of the material execution used.
Supposing, using the same facts above, but Prof. Amurao told his student
to kill his classmate at all costs, can the aggravating circumstance of cruelty
be appreciated with Prof. Amurao? YES
2. Means employed to accomplish
- Principal by direct participation uses poison to commit murder without the
knowledge of the Principal by inducement
Habitual Delinquency
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Habitual Delinquent a person who, within a period of 10 years from the date of
release or last conviction of the crimes of serious or less serious physical injuries,
robbery, theft, estafa, or falsification, found guilty for a 3 rd time or oftener. A
habitual delinquent shall suffer an additional penalty
Difference between Habitual Delinquent/Recidivist/Reiteracion
Habitual Delinquent
Crimes
Recidivism
- specified crimes
Reiteracion
- 2 crimes embraced in
- 2 crimes not
- within 10 years
is immaterial
No. of
Crimes
Effects
- additional penalty
- a generic aggravating
is imposed
- not always an
circumstance; can be
aggravating
offset by an ordinary
circumstance
mitigating circumstance
information
- should be alleged in the - comes only after the sentence of
beginning
conviction
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
specifically alleged
Article 63
ARTICLE 63 RULES ON INDIVISIBLE PENALTIES
1. For single indivisible penalties (reclusion perpetua) shall be applied regardless
of mitigating or aggravating circumstances, eg. the crime of rape with homicide,
with the mitigating circumstances of voluntary surrender, voluntary confession of
guilt, and illness, the penalty shall still be reclusion perpetua because
circumstances are disregarded
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
2. For two indivisible penalties (sub-paragraphs 1-4 are inapplicable, because there
is no death penalty, therefore theres only one indivisible penalty)
Exception to disregarding circumstances: if it is a privileged mitigating
circumstance (Articles 68 & 69), or if the accused is a minor who acted with
discernment = can be entitled to a penalty next lower in degree
Article 64
ARTICLE 64 RULES FOR PENALTIES WITH 3 PERIODS
- In accordance w/ Articles 76-77 whether there are attending circumstances
First rule
- if neither a mitigating or aggravating circumstance is present = medium
period is imposed
Second rule
- if there is a mitigating circumstance = minimum period is imposed
Third rule
- if there is an aggravating circumstance = maximum period is imposed
Fourth rule
- if there is both a mitigating and aggravating circumstance = courts shall
offset the circumstances according to relative weight
Fifth rule
- if there are 2 or more mitigating circumstances and absolutely no aggravating
circumstances = the penalty next lower in degree is imposed
Sixth rule
- whatever the number or nature of aggravating circumstances = courts cannot
impose a greater penalty than prescribed by law in maximum
Seventh rule
- Courts can determine extent of penalty within the limits of each period
Mitigating circumstance must be ordinary = not privileged
Aggravating circumstance must be generic = not qualified or inherent
Article 65-67
ARTICLE 65 RULES FOR PENALTIES NOT IN THREE PERIODS
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
(reading matter)
ARTICLE 66 IMPOSITION OF FINES
(reading matter)
- of the maximum fine is either added (for aggravating circumstances) or
deducted (for mitigating circumstances) from the maximum fine
- courts must consider:
1. mitigating or aggravating circumstances
2. wealth or means of the culprit
ARTICLE 67 PENALTY FOR INCOMPLETE EXEMPTING CIRCUMSTANCE OF ACCIDENT
- Arresto mayor maximum to prision correccional minimum (grave felonies)
- Arresto mayor minimum to Arresto mayor medium (for less grave felonies)
Light felonies through negligence = no penalty
Article 68
ARTICLE 68 PENALTY FOR MINORS UNDER 18
(repealed by RA 9344)
Minor under 18 who acted with discernment = penalty two degrees lower
Article 69
Article 70
ARTICLE 70 SUCCESSIVE SERVICE OF SENTENCE
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
Article 71-77
ARTICLE 71 GRADUATED SCALES
Penalties are classified between personal penalties (imprisonment) and political
rights (suspension, fine, etc)
Arresto mayor is followed by destierro
ARTICLES 72-77 (reading matter)
Article 73 Accessory penalties are deemed imposed
Subsidiary imprisonment is NOT an accessory penalty
INDETERMINATE SENTENCE LAW (ACT 4103 AMENDED BY ACT 4225)
- mandatory in nature; whether the courts like it or not, they have to apply the
same except for those mentioned in Sec. 2 who are disqualified
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
If the convict reaches the Minimum term, he shall eligible for parole; terms
and conditions can be imposed by the BPP
Note from Prof. Amurao: It pays to be in good terms with the judge and his wife or
his number 2 so you can get a low Minimum term if not the lowest
Surveillance Period during Parole (SP)
1. If there is no violation during the during the special period, the court will issue an
order for final discharge
2. Legal effect of a violation of law or rules:
- release may be revoked
- prosecuted anew
- prolonged change in the terms and conditions of the parole
- made to serve out the remaining unexpired portion of the sentence
During parole, the convict is as free as any normal person except for the terms
and condition that have to be observed
ISLAW is inapplicable with the following:
1. persons convicted of death or life imprisonment
- in terms of death, this refers to the penalty actually imposed in the conviction by
the courts, not the penalty prescribed by the law
- in terms of life imprisonment, what if Reclusion perpetua is imposed, can the
ISLAW still be applied? The SC says NO, its not applicable
2. those convicted of treason, proposal or conspiracy to commit treason
3. those convicted of misprision of treason, rebellion, sedition, espionage
4. convicted of piracy
5. habitual delinquents
6. those who escaped from confinement
7. those who violated the terms of conditional pardon by the President
8. maximum term of imprisonment less than a year
9. those convicted by destierro or suspension
- destierro is a conviction imposed by courts
PROBATION LAW (PD 968)
Probation a disposition under which a defendant after conviction and sentence,
is released subject to the conditions imposed by the court and to the supervision
of the probation officer
Objectives/Purpose
1. Promote correction and rehabilitation
2. Opportunity for reformation
3. Prevent commission of offenses
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
- institution/community
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
- fine
- prescription of liberty
Interested parties are: the government/State/President against the accused who is
the only one liable because penalties are personal
(ii) civil liability, which can be extinguished by:
- restitution - indemnification
- reparation
Interested parties are: the offended party and heirs against the accused and heirs
Civil liability can be extinguished similar to that of contracts
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW
Lecture & Recitation Notes
1. by payment or performance
2. by the loss of the thing due
3. by condonation or remission of the debt
4. by the confusion or merger of the rights of the creditor and debtor
5. by compensation
6. by novation
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab