UTOPIA Top 50 Questions Reviewer Crim PDF

Criminal Law
Shortlist
Reviewer
-
Gaverza,
Guiang,
Hofilena,
Sy.
CRIMINAL LAW TOP 50 QUESTIONS ASKED IN THE BAR.
Prepared By: Gaverza, Justine & SHofy (Hofilena, Daniel & Sy, Sharlaine)
Culled from Reviewers of: SHOFY (CRIM 1 &2), Guiang, April, Campanilla 2017, & Verga, Vena.
1. Estafa 34. Death Penalty Law
2. Persons Criminally Liable 35. Exemption from Criminal Liability
3. Justifying Circumstances 36. Coup D’etat
4. Ordinary Mitigating Circumstances 37. Adultery
5. Aggravating Circumstances 38. Concubinage
6. Murder 39. Territoriality
7. Homicide 40. Motive
8. Proximate Cause 41. Falsification of Private Document
9. Indeterminate Sentence Law 42. Evasion thru Negligence
10. Theft 43. Slander
11. Exempting Circumstances 44. Qualified Trespass to Dwelling
12. Complex Crimes 45. Robbery
13. Bouncing Checks Law (B.P. 22) 46. Accessories Exempt from Criminal Liability
14. Malversation of Public Funds or Property 47. Penalty of Complex Crimes
15. Dangerous Drugs Act 48. Reclusion Perpetua vs. Life Imprisonment
16. Parricide 49. Civil Liabilities
17. Extinguishment of Criminal Liability 50. Penalties
18. Stages of a Commission of a Crime
19. Qualified Theft
20. Rape
21. Conspiracy
22. Death or Physical Injuries Under Exceptional Circumstances
23. Privileged Mitigating Circumstances
24. Falsification of Public Documents
25. Bigamy
26. Direct Bribery
27. Physical Injuries
28. Libel
29. Rebellion
30. Kidnapping & Serious Illegal Detention
31. Grave Coercion
32. Destructive Arson
33. Acts of Lasciviousness
FRATERNAL ORDER OF UTOPIA BAROPS 2017 2

1. Estafa 2. There is misappropriation or conversion of
Elements in general such money or property by the offender, or
1. Accused defrauded another by abuse of confidence or denial on his part of such receipt;
by means of deceit; and This covers the three different 3. Such misappropriation or conversion or denial
ways of committing estafa under Article 315; thus, is to the prejudice of another; and There is a
estafa is committed – demand made by the offended party to the
a. With unfaithfulness or abuse of confidence; offender.
b. By means of false pretenses or fraudulents NOTE* (The fourth element is not necessary
acts; or when there is evidence of misappropriation of
c. Through fraudulent means. the goods by the defendant. [Tubb v. People, et
(The first form under subdivision 1 is al., 101 Phil. 114] ).
known as estafa with abuse of confidence; and
the second and third forms under subdivisions 2 ➢ Under Presidential Decree No. 115 (Trust Receipts
and 3 cover cover estafa by means of deceit.) Law), the failure of the entrustee to turn over the
2. Damage or prejudice capable of pecuniary estimation proceeds of the sale of the goods, documents, or
is caused to the offended party or third person. instruments covered by a trust receipt, to the extent of
the amount owing to the entruster, or as appearing in the
Elements of estafa with unfaithfulness of abuse of trust receipt; or the failure to return said goods,
confidence under Article 315 (1) documents, or instruments if they were not sold or
disposed of in accordance with the terms of the trust
Under paragraph (a) receipt constitute estafa.
1. Offender has an onerous obligation to deliver
something of value; Under paragraph (c)
2. He alters its substance, quantity, or quality; 1. The paper with the signature of the offended
3. Damage or prejudice is caused to another. party is in blank;
2. Offended party delivered it to the offender;
Under paragraph (b) 3. Above the signature of the offended party, a
1. Money, goods, or other personal property is document is written by the offender without
received by the offender is trust, or on authority to do so;
commission, or for administration, or under any 4. The document so written creates a iability of,
other obligation involving the duty to make or causes damage to, the offended party or any
delivery of, or to return, the same; third person.

Elements of Estafa by Means of Fraudulent Acts Under (c) It does not cover checks where the
Article 315 (2) purpose of drawing the check is to
guarantee a loan.
Acts Punished Under Paragraph (a)
1. Using fictitious name; ➢ The check must be genuine. If the check is falsified and
2. Falsely pretending to possess power, is cashed with the bank or exchanged for cash, the crime
influence, qualifications, property, credit, is estafa thru falsification of a commercial document.
agency, business or imaginary transactions; or
3. By means of other similar deceits. ➢ The general rule is that the accused must be able to
obtain something from the offended party by means of
Under Paragraph (b) the check he issued and delivered. Exception: when the
Altering the quality, fineness, or weight check is issued not in payment of an obligation.
of anything pertaining to his art or business.
➢ It must not be promissory notes, or guaranties.
Under Paragraph (c)
Pretending to have bribed any ➢ Good faith is a defense.
government employee, without prejudice to the
action for calumny which the offended party ➢ If the checks were issued by the defendant and he
may deem proper to bring against the offender. received money for them, then stopped payment and did
not return the money, and he had an intention to stop
Under Paragraph (d) payment when he issued the check, there is estafa.
1. Offender postdated a check, or issued a check
in payment of an obligation; ➢ Deceit is presumed if the drawer fails to deposit the
2. Such postdating or issuing a check was done amount necessary to cover the check within three days
when the offender had no funds in the bank, or from receipt of notice of dishonor or insufficiency of
his funds deposited therein were not sufficient to funds in the bank
cover the amount of the check.
NOTE* that this only applies if –
(a) The obligation is not pre- existing; Acts Punished Under Paragraph (e)
(b) The check is drawn to enter into an 1.
obligation (must be sole consideration) ; a. OBTAINING FOOD,
REFRESHMENT, OR ACCOMMODATION
AT A HOTEL, INN, RESTAURANT,

BOARDING HOUSE, LODGING HOUSE, OR 1. Offender removed, concealed or destroyed;
APARTMENT HOUSE; 2. Any court record, office files, documents or
(i). Without paying therefor; any other papers;
(ii). With intent to defraud the proprietor 3. With intent to defraud another.
or manager.
2. 2. Persons Criminally Liable
a. Obtaining credit at any of the The following are criminally liable for GRAVE AND LESS
establishments; GRAVE felonies:
b. Using false pretense; 1. Principals.
3. 2. Accomplices.
a. Abandoning or surreptitiously removing any 3. Accessories.
part of his baggage in the establishment;
b. After obtaining credit, food, refreshment, The following are criminally liable LIGHT felonies:
accommodation; 1. Principals
c. Without paying. 2. Accomplices.
Estafa through any of the following fraudulent means under ➢ Accessories are not liable for light felonies.
Article 315 (3)
Rules relative to light felonies:
Under Paragraph (a) 1. Light felonies are punishable only when they have been
1. Offender induced the offended party to sign a consummated. (Art. 7)
document; 2. But when light felonies are committed against persons or property,
2. Deceit was employed to make him sign the they are punishable even if they are only in the attempted or frustrated
document; stage of execution. (Art. 7)
3. Offended party personally signed the
document; 3. Justifying Circumstances
4. Prejudice was caused.
Definition:
Under Paragraph (b) ➢ Where the act of a person is said to be in accordance with
Resorting to some fraudulent practice to law it is deemed not to have transgressed the law. It is free
insure success in a gambling game; from both criminal and civil liability.
o Exception:
Under Paragraph (c)

i. Art 11(4) – civil liability is borne by the 1. Unlawful aggression
persons benefited by the act. 2. Reasonable necessity of the means employed to prevent or
repel it
Basis of Justifying Circumstances 3. Lack of sufficient provocation on the part of the person
➢ Express statement in opening sentence of Art. 11. defending himself (People v. Uribe)
4.
There is no crime committed, the act being justified
First requisite of self-defense
➢ Not criminals.
➢ Unlawful aggression on the part of the person injured or killed
➢ There is no crime committed.
by the accused.
Burden of proof
Unlawful aggression is an indispensable requisite
➢ Matters of the defense.
➢ A condition sine qua non.
For the right of self-defense to exist, it is necessary that we be assaulted
Self-defense
or that we be attacked, or at least that we be threatened with an attack
➢ Incumbent upon him to prove by CLEAR AND
in an immediate and imminent manner.
CONVINCING evidence that he indeed acted in self-defense
➢ If there is no unlawful aggression, there is nothing to prevent
of himself.
or repel.
➢ Must rely on the strength of his own evidence and not on the
weakness of the prosecution.
Meaning of unlawful aggression
➢ In self-defense, the burden of proof rests upon the accused. ➢ There must be an actual physical assault upon a person, or at
➢ The plea of self-defense cannot be justifiably entertained where least a threat to inflict real injury.
it is not only uncorroborated by any separate competent
➢ Must be offensive and positively strong (U.S. v. Guysayco)
evidence but in itself is extremely doubtful (People v. Flores).
➢ It cannot consist in oral threats or a merely threatening stance
or posture (People v. Tachica).
Rights included in self-defense Peril to one’s life
➢ Defense of the person. ➢ Actual
➢ Or body of the one assaulted. o The danger must be present
➢ But also that of his rights. o Is actually in existence
o U.S. v. Jose Laurel
▪ Lat was walking home with friends when Jose
suddenly kissed her and ran away
Requisites of Self-Defense

▪ 2 days after, Lat’s boyfriend confronted Jose and
ended up hitting him with a club/cane When the aggressor flees, unlawful aggression no longer exists
▪ Jose took his pocket knife and stabbed the bf ➢ The one making a defense has no more right to kill or even to
▪ Held: self-defense wound the former aggressor.
➢ Imminent ➢ (People v. Alconga).
o The danger is on the point of happening Retreat to take more advantageous position
o Not required that the attack already begins
The rule now is “stand ground when in the right”
Peril to one’s limb ➢ Where the accused is where he has the right to be, the law does
➢ When a person is attacked, he is in imminent danger of death or not require him to retreat when his assailant is rapidly advancing
bodily harm. upon him with a deadly weapon (U.S. v. Domen)
➢ Reason:
There must be actual physical force or actual use of weapon o If one fleas from an aggressor, he runs the risk of being
➢ Must have been attacked with actual physical force or with
attacked in the back by the aggressor.
actual use of weapon
➢ Not Unlawful Aggression:
Unlawful aggression in defense of other rights
o Insulting words, without physical assault (U.S. v. ➢ Also requires the 1st and 2nd requisites
Carrero)
o A light push on the head with the hand (People v. 1) Attempt to rape a woman – defense of right to chastity
Yuman) a. Constitute an attack upon her honor (People v. De la
o Mere push or shove not followed by other acts (People Cruz)
v. Bautista) b. Placing of hand on upper thigh is unlawful aggression
● Is unlawful aggression: (People v. Jaurigue)
o Slap on the face 2) Defense of property
a. Defense of property can be invoked as a justifying
Retaliation is not self-defense circumstance only when it is coupled with an attack on
Retaliation Self-defense the person of one entrusted with said property (People
the aggression that was The aggression was still v. Apolinar)
begun by the injured party existing when the aggressor
b. Defense of property is not of such importance as the
already ceased to exist when was injured or disabled by the
the accused attacked him person making a defense right to life
3) Defense of home

a. Violent entry to another’s house at nighttime, by a Second Requisite of Defense of Person or Right: reasonable
person who is armed with a bolo, and who forced his necessity of the means employed to prevent or repel it
way into the house, threat to inflict real injury actual physical assault
i. shows he was ready and looking for trouble, imminent danger actual danger
ii. the manner of his entry constitutes an act of
aggression ➢ 2nd requisite means necessity of:
iii. The owner of the house need not wait for a blow o Course of action taken
before repelling the aggression, as that blow may o Means used
prove fatal (People v. Mirabiles) ➢ The reasonableness depends on the existence of unlawful
aggression and upon the nature and extent of the aggression
➢ The belief of the accused may be considered in determining the
existence of unlawful aggression
When aggressor is disarmed
Mere threatening attitude is not unlawful aggression Situation Necessity
➢ In order to consider that unlawful aggression was actually ?
committed, it is necessary that an attack or material aggression, She struggled to retain possession of weapon Y
an offensive act positively determining the intent of the Losing strength due to loss of blood
aggressor to cause an injury shall have been made Already manifested a refusal to fight N
Necessity of the means used

Examples of threats to inflict real injury: ➢ The means employed by the person making a defense must be
1. Aims revolver with intent to shoot rationally necessary to prevent or repel an unlawful aggression
2. Opening a knife, and motioning to attack
The test of reasonableness of the means used
➢ Will depend upon the:
When intent to attack is manifest, picking up a weapon is sufficient
unlawful aggression (UnA) 1. nature and quality of the weapon used by the aggressor,
➢ When the picking up of a weapon is preceded by circumstances 2. His physical condition, character, size, and other
indicating the intention of the deceased to use it in attacking = circumstances,
UnA 3. those of the person defending himself,
4. the place and occasion of the assault
➢ Perfect equality between the weapon used by the one defending
himself and that of the aggressor is NOT required

➢ Does not imply material commensurability between the means No provocation at all
of attack and defense There was provocation, but not sufficient
- requires rational equivalence ➢ The exercise of a right cannot give rise to sufficient provocation
➢ Principal Factors of ‘Reasonable Necessity’ : How to determine the sufficiency of provocation
5. Emergency ➢ Sufficient provocation:
6. The imminent danger o When one challenges the deceased to come out of the
7. Instinct house and engage in a fist fight to prove who’s the better
➢ The proportionateness thereof rests upon the imminent danger man (U.S. v. McCray)
of such injury o Hurls insults or imputes to another the utterances of
➢ (People v. Encomienda) vulgar language
▪ Petty question of pride does not justify the
wounding and killing of the victim (People v.
Sanchez)
First two requisites common to three kinds of legitimate defense
o Tried to forcibly kiss the sister of the deceased
Third requisite of self defense
➢ “lack of sufficient provocation on the part of the person
Sufficient provocation not given by the person defending himself
defending himself”
Requisite of “lack of sufficient provocation” refers exclusively to
Reason for the third requisite of self-defense “the person defending himself”
➢ Former is also to be blamed for having given cause for the Provocation by the person defending himself not proximate and
aggression immediate to the aggression
➢ The one defending himself must not have given cause for the ➢ 1 or 2 days before/after
aggression by his unjust conduct or by inciting or provoking the Battered Woman Syndrome as a defense
assailant ➢ Do not incur criminal and civil liability notwithstanding the
Cases in which third requisite of self-defense considered present absence of any of the elements for justifying circumstances of
1. No provocation self-defense under the RPC
2. Provocation not sufficient ➢ Determination of the state of mind shall be at the time of the
3. Provocation not given by the person defending himself commission of the crime
4. Provocation was given, but not proximate and immediate ➢ Assisted by expert psychiatrists/psychologists
to the act of aggression

The Battered Woman Syndrome, explained
➢ Battered woman
o Must go through the battering cycle at least TWICE
➢ Cycle of Violence Relatives that can be defended
o Tension-building phase 1. Spouse
▪ Minor battering occurs 2. Ascendants
▪ All she wants is to prevent the escalation of the 3. Descendants
violence exhibited by the batterer 4. Legitimate, natural, or adopted
o Acute battering incident a. brothers and sisters OR
▪ Characterized by brutality, destructiveness, b. relatives by affinity in the same degrees
sometimes death 5. Relatives by consanguinity within the fourth civil degree
▪ Woman usually realizes that she cannot reason
Relatives by affinity
with him, and that resistance would only
➢ parents in law
exacerbate her condition
➢ son-daughter in law
o Tranquil phase
➢ brother-sister in law
▪ Batterer may show a tender and nurturing
o survives the death of one of the parties to the marriage
behavior
▪ Begging for her forgiveness and promising
Relatives by consanguinity
never to beat her again
➢ Consanguinity - blood relatives
o No self defense of relative if you defend the HUSBAND
Flight, incompatible with self-defense
OF YOUR SISTER IN LAW. (not referring to your
➢ flight after commission is evidentiary of guilt
brother. the sister-in-law referring to the sister of the
person married to your sibling)
2. Any one who acts in defense of the person or rights of his Third requisite of defense of relative
spouse, ascendants, descendants, or legitimate, natural or
adopted brothers or sisters, or his relatives by affinity in the ➢ In the event that the relative gave provocation, the defender
same degrees and those consanguinity within the fourth civil must not have taken part in it
degree, provided that the first and second requisites prescribed ➢ Should not be impelled by revenge or resentment (People v.
in the next preceding circumstance are present, and the further Toring)
requisite, in case the revocation was given by the person ➢ Must be prompted by noble of generous sentiment
attacked, that the one making defense had no part therein.

➢ Covers injury to persons and damage to property
➢ Refusal to marry one persons is not slander by deed nor a crime
3. Anyone who acts in defense of the person or rights of a against honor
stranger, provided that the first and second requisites
mentioned in the first circumstance of this Art. are present and
that the person defending be not induced by revenge, That the evil sought to be avoided actually exists;
resentment, or other evil motive. ➢ Not merely expected or anticipated
Example of injury to person under par. 4
Requisites ➢ A killed B when A while diligently driving a car avoided a 6x6
1. Unlawful Aggression
truck that suddenly appeared, it was justified when he chose his
2. Reasonable necessity of the means employed to prevent or repel
own life
it
3. Person defending be NOT induced by revenge, resentment, or That the injury feared be greater than that done to avoid it;
other evil motive ➢ Instinct of self-preservation > care for others
Furnishing a weapon to one in serious danger of being throttled is
The greater evils should not be brought about by the negligence or
defense of stranger
imprudence of the actor
➢ Valid - gave weapon to a fallen stranger which was used to kill
➢ i.e. not because he was driving recklessly
the assailant
There is civil liability under this paragraph
➢ Borne by the person who benefitted
4. Any person who, in order to avoid an evil or injury,
➢ Or in proportion to the benefit they have received
does not act which causes damage to another,
provided that the following requisites are present; 5. Any person who acts in the fulfillment of a duty or in the
lawful exercise of a right or office.
First. That the evil sought to be avoided actually exists;
Requisites
Second. That the injury feared be greater than that done 1. the accused acted in performance of a duty or lawful exercise of
to avoid it; a right or office
2. Injury caused or the offense committed be the necessary
Third. That there be no other practical and less harmful consequence of the due performance (NOT when it is due to
means of preventing it.
impatience or over-anxiety)
Fulfillment of a duty
Damage to another

➢ Killing was done in performance of a duty, deceased under ➢ Executioner of Prison not liable for deaths he caused
obligation to surrender (escaped convict) [People v. Delima] ➢ Surgeon who amputated leg of patient to save him from
o Was also applied to a guard who killed a detained gangrene = OK
prisoner while escaping after warning shots was fired
Par 6. Any person who acts in obedience to an order issued
and the escape was done via force and violence
by a superior for some lawful purpose.
Legitimate performance of duty Requisites
➢ Presumption that police acted in regular performance of duty 1. Order has been issued by a superior
➢ NBI approached drunk victim who fired shots at a club (prior) 2. Order be for lawful purpose
[People v. Cabrera]. 3. Means used by the subordinate to carry out order is lawful
Illegal performance of duty NOTE* Both executor and order giver must be acting within limits of
➢ Mere putting of hands in pocket by the victim is NOT sufficient law
to shoot him.
➢ If there is no warrant and the victims were not committing a When the order is not for a lawful purpose, the subordinate who
crime = not duty. obeyed it is criminally liable
➢ If there was a heated confrontation and was shot as a result = ➢ Prepared a document with full knowledge of its falsity even if
not duty. acted under obedience is not justified
➢ Order to torture is illegal
Doctrine of “self-help” under Article 429, Civil Code, applied in

Criminal Law
➢ Three fist blows against the person who tried to get a 5 peso bill
cannot be reasonable considering that it was a woman. But it
may be mitigated. [People v. Depante].
The actual invasion of property may consist of a mere disturbance
of possession or of a real dispossession
Of right
➢ Suspension of installment payments Is valid defense against BP
22.
Of office

(2) the place of commission,
(3) the means and ways employed,
4. Ordinary Mitigating Circumstances (4) the time, or
Mitigating circumstances. (5) the personal circumstances of the offender, or of the
➢ Are those which, if present in the commission of the crime, do offended party.
not entirely free the actor from criminal liability, but serve only
to reduce the penalty. Four kinds of aggravating circumstances.
➢ Based on the diminution of either freedom of action, 1. Generic
intelligence, or intent, or on the lesser perversity of the offender. a. Dwelling,
b. nighttime, or
Classes of mitigating circumstances.
1. Ordinary mitigating — l to 10 of Article 13. c. recidivism
➢ Those mentioned in subsection 1 of Art. 13 are ordinary d. "by means of motor vehicles,"
mitigating circumstances, if Art. 69, for instance, is not 2. Specific
applicable. a. Ignominy
3. Qualifying
2. Privileged mitigating — a. change the nature of the crime
a. Art. 68. Penalty to be imposed upon a person under eighteen b. treachery
years of age. c. evident premeditation
b. Art. 69. Penalty to be imposed when the crime committed is 4. Inherent
not wholly excusable.
a. Evident premeditation is inherent in robbery, theft,
c. Art. 64. Rules for the application of penalties which contain
three periods estafa, adultery and concubinage
Aggravating circumstances which do not have the effect of

5. Aggravating Circumstances increasing the penalty.
Definition ➢ Aggravating circumstances
➢ Circumstances attendant to the crime that serve to increase the ○ (a) which in themselves constitute a crime specially
penalty punishable by law, or
Basis ○ (b) which are included by the law in denning a crime and
➢ The greater perversity prescribing the penalty therefor
shall not be taken into account for the purpose of increasing the
(1) the motivating power itself, penalty.

➢ examples: Executive, or in his presence, or where public authorities are
○ committed by means of xxx fire, x x x explosion" is in engaged in the discharge of their duties or in a place dedicated
itself a crime of arson to religious worship.
○ committed in the dwelling of the offended party is 6. That the crime be committed in the nighttime or in an
uninhabited place, or by a band, whenever such circumstances
included by Art. 299 in denning robbery in an inhabited
may facilitate the commission of the offense.
house Whenever more than three armed malefactors shall have acted
Aggravating circumstances which are personal to the offenders. together in the commission of an offense, it shall be deemed
to have been committed by a band.
Aggravating circumstances which depend for their application 7. That the crime be committed on the occasion of a
upon the knowledge of the offenders. conflagration, shipwreck, earthquake, epidemic, or other
circumstances which consist: calamity or misfortune.
(a) in the material execution of the act, or 8. That the crime be committed with the aid of armed men or
(b) in the means employed to accomplish it persons who insure or afford impunity.
shall only serve to aggravate the liability of those persons only 9. That the accused is a recidivist.
who had knowledge of them at the time of the execution of the act or A recidivist is one who, at the time of his trial for one crime,
their cooperation therein shall have been previously convicted by final judgment of
Aggravating circumstances not presumed. another crime embraced in the same title of this Code.
10. That the offender has been previously punished for an
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY offense to which the law attaches an equal or greater penalty
The following are aggravating circumstances: or for two or more crimes to which it attaches a lighter penalty.
1. That advantage be taken by the offender of his public 11. That the crime be committed in consideration of a price,
position. reward, or promise.
2. That the crime be committed in contempt of or with insult 12. That the crime be committed by means of inundation, fire,
to the public authorities. poison, explosion, stranding of a vessel or intentional damage
3. That the act be committed with insult or in disregard of the thereto, derailment of a locomotive, or by the use of any other
respect due the offended party on account of his rank, age, or artifice involving great waste and ruin.
sex, or that it be committed in the dwelling of the offended 13. That the act be committed with evident premeditation.
party, if the latter has not given provocation. 14. That craft, fraud, or disguise be employed.
4. That the act be committed with abuse of confidence or 15. That advantage be taken of superior strength, or means be
obvious ungratefulness. employed to weaken the defense.
5. That the crime be committed in the palace of the Chief 16. That the act be committed with treachery (alevo

sia). ➢ personal circumstance
There is treachery when the offender commits any of the NOTE* Applicable only when the offender is a public officer.
crimes against the person, employing means, methods or
forms in the execution thereof which tend directly and Meaning of “advantage be taken by the offender of his public
specially to insure its execution, without risk to himself arising position.”
from the defense which the offended party might make. ➢ must use the influence, prestige or ascendancy
17. That means be employed or circumstances brought about
which add ignominy to the natural effects of the act. NOTE* This aggravating circumstance is not present when a
18. That the crime be committed after an unlawful en Congressman offered resistance to a peace officer.
try.
There is an unlawful entry when an entrance is effected by a This aggravating circumstance is present when a councilor collects
way not intended for the purpose. fines and misappropriates them.
19. That as a means to the commission of a crime a wall, roof,
floor, door, or window be broken. When the public officer did not take advantage of the influence of
20. That the crime be committed with the aid of persons under his position, this aggravating circumstance is not present.
fifteen years of age, or by means of motor vehicle, airships, or ➢ There must be proof that the accused took advantage of his
other similar means. public position.
21. That the wrong done in the commission of the crime be
deliberately augmented by causing other wrong not necessary
for its commission. Peace officers taking advantage of their public positions.
➢ Wearing uniform is immaterial in certain cases.
NOTE* To be appreciated, qualifying and aggravating Failure to official duties is tantamount to abusing of office.
circumstances must be alleged in the information.
Not aggravating when it is an integral element of, or inherent in,
If not alleged, they may still be considered in the award of damages. the offense.
➢ in malversation under Art. 217,
Par. 1. — That advantage be taken by the offender of his public ➢ in falsification of document committed by public officers
position
Not aggravating if accused could have perpetrated the crime
Basis of this aggravating circumstance. without occupying police position.
➢ greater perversity Par. 2. — That the crime be committed in contempt of or with

Knowledge that a public authority is present is essential.
insult to the public authorities.
➢ indicates lack of intention to insult the public authority
Basis of this aggravating circumstance. Presence of public authority has not prevented offender from
➢ greater perversity committing the crime.
➢ lack of respect for the public authorities
Par. 3. — That the act be committed (1) with insult or in
Requisites of this circumstance.
disregard of the respect due the offended party on account of
1. public authority is engaged in the exercise of his functions
his (a) rank, (b) age, or (c) sex, or (2) that it be committed in
2. That he who is thus engaged in the exercise of said functions is the dwelling of the offended party, if the latter has not given
not the person against whom the crime is committed provocation.
3. The offender knows him to be a public authority
4. His presence has not prevented the offender from committing
When all the four aggravating circumstances are present, must
the criminal act
they be considered as one?
➢ can be considered single or together
Meaning of “public authority”
➢ If all the four circumstances are present, they have the weight
➢ sometimes also called a person in authority
of one aggravating circumstance only
➢ is directly vested with jurisdiction
➢ has the power to govern and execute the laws Basis of these aggravating circumstances.
➢ greater perversity
Not applicable when crime is committed in the presence of an agent
➢ as shown by the personal circumstances
only.
➢ the place of the commission
The crime should not be committed against the public authority
➢ If the crime is committed against a public authority while he is Applicable only to crimes against persons or honor.
in the performance of his official duty
Meaning of “with insult or in disregard.”
○ commits direct assault ➢ It is necessary to prove the specific fact or circumstance
○ not a crime committed "in contempt of or with insult" to ➢ There must be evidence that in the commission of the crime, the
him, but a crime directly committed against him accused deliberately intended to offend or insult the sex or age
of the offended party
➢ complex crime of homicide with direct assault

With insult or in disregard of the respect due the offended party on Disregard of sex absorbed in treachery.
account.
1. of the rank of the offended party. That the crime be committed in the dwelling of the offended party.
➢ There must be a difference in the social condition of the ➢ must be a building or structure, exclusively used for rest and
offender and the offended party. comfort
➢ or a pupil who attacked and injured his teacher
What aggravates the commission of the crime in one’s dwelling:
➢ rank ➢ sacred place for its owner
o refers to a high social position or standing
➢ Proof of fact of disregard and deliberate intent to insult Offended party must not give provocation
required. ➢ condition sine qua non
2. of the age of the offended party. ○ offended party "has not given provocation"
➢ when the offended person, by reason of his age, could
be the father of the offender Meaning of provocation in the aggravating circumstance of
➢ criminal was the grandson of the deceased dwelling
➢ Deliberate intent to offend or insult required. The provocation must be:
➢ Disregard of old age not aggravating in robbery with (1) Given by the owner of the dwelling,
homicide. (2) Sufficient, and
3. of the sex of the offended party (3) Immediate to the commission of the crime.
➢ This refers to the female sex, not to the male sex ➢ If all these conditions are present, not an aggravating
➢ example circumstance
o compels a woman to go to his house against her
There must be close relation between provocation and commission
will of crime in the dwelling
➢ Killing a woman is not attended by this aggravating
circumstance if the offender did not manifest any Because the provocation is not immediate, dwelling is aggravating.
specific insult or disrespect towards her sex.
Not applicable in certain cases. Owner of dwelling gave immediate provocation - dwelling is not
➢ When the offender acted with passion and obfuscation aggravating.
➢ When there exists a relationship between the offended party and
the offender. Prosecution must prove that no provocation was given by the
➢ When the condition of being a woman is indispensable in the offended party.
commission of the crime.

Even if the offender did not enter the dwelling, this circumstance
applies. Dwelling is aggravating when the husband killing his estranged
➢ Dwelling is aggravating, even if the offender did not enter the wife in the house solely occupied by her.
upper part of the house where the victim was, but shot from
under the house In case of adultery.
➢ committed in the house of the husband
Even if the killing took place outside the dwelling, it is aggravating o aggravating
provided that the commission of the crime began in the dwelling. ➢ Dwelling not aggravating in adultery when paramour also lives
there.
What dwelling includes.
Dwelling is not included in treachery.
➢ dependencies,
➢ the foot of the staircase and
➢ enclosure under the house 4. That the act be committed with abuse of confidence or
When the deceased had two houses where he used to live, the obvious ungratefulness.
commission of the crime in any of them is attended by the
aggravating circumstance of dwelling. Basis of these aggravating circumstances.
Dwelling is not aggravating in the following cases: ➢ means and ways employed
➢ When both offender and offended party are occupants of the
same house Abuse of confidence.
➢ When the robbery is committed by the use of force upon things, ➢ trusted the offender who later abuses such trust
dwelling is not aggravating because it is inherent. ➢ requisites:
➢ trespass to dwelling 1. That the offended party had trusted the offender.
➢ owner of the dwelling gave sufficient and immediate 2. That the offender abused such trust by committing a
provocation crime against the offended party.
➢ the dwelling where the crime was committed did not belong to 3. That the abuse of confidence facilitated the commission
the offended party of the crime.
➢ committed in the ground floor of a two-story structure, the Special relation of confidence between accused and victim.
lower floor being used as a video rental store and not as a private ➢ of confidence is not aggravating.
place of abode or residence ○ The accused betrayed the confidence reposed in him by
Dwelling was found aggravating in the following cases although the the parents of the girl. But this is not an aggravating
crimes were committed not in the dwelling of the victims. circumstance

➢ Killing of child by an amah is aggravated by abuse of ➢ the place of the commission of the crime, which must be
confidence respected
The confidence between the offender and the offended party must
be immediate and personal.
➢ Abuse of confidence inherent in some felonies.
Place where public authorities are engaged in the discharge of their
○ malversation duties (par. 5), distinguished from contempt or insult to public
○ qualified theft authorities. (par.2)
○ estafa by conversion or misappropriation
○ qualified seduction. PLACE WHERE PUBLIC CONTEMPT OR INSULT
Ungratefulness must be obvious, i.e. manifest and clear. AUTHORITIES ARE TO PUBLIC AUTHORITIES
➢ killed his father-in-law in whose house he lived and who ENGAGED IN THE
partially supported him DISCHARGE OF THEIR
➢ accused was living in the house of the victim who employed
DUTIES
him as an overseer
➢ security guard killed a bank officer and robbed the bank Are in the performance of their duties
➢ attacked while in the act of giving the assailants their bread and
coffee for breakfast the performance of their duties performing their duties outside
➢ robbery or theft in the house of his host. must be in their office of their office
➢ The mere fact, however, that the accused and the offended party
live in the same house is not in itself enough to hold that there he may be the offended party the public authority should not
was present abuse of confidence where the house was not the be the offended party
property of the offended party
5. That the crime be committed in the palace of the Chief Official or religious functions, not necessary.
Executive or in his presence, or where public authorities are ➢ regardless of whether State or official or religious functions are
engaged in the discharge of their duties, or in a place dedicated being held.
to religious worship. ➢ The Chief Executive need not be in Malacanang palace.
➢ His presence alone in any place where the crime is committed
is enough to constitute the aggravating circumstance.
Basis of the aggravating circumstances.
➢ even if he is not engaged in the discharge of his duties in the
place where the crime is committed.

uninhabited place, or by a band, whenever such circumstances
Other public authorities must be actually engaged in the may facilitate the commission of the offense.
performance of duty.
➢ Undoubtedly, the reason for not applying the circumstance was Whenever more than three armed malefactors shall have acted
that the court had already adjourned when the crime was together in the commission of an offense, it shall be deemed
committed, and the attack was made in the adjoining room, not to have been committed by a band.
in the very place where the justice of the peace was engaged in
the discharge of his duties.
Basis of the aggravating circumstances
➢ An electoral precinct during election day is a place "where ➢ time and place
public authorities are engaged in the discharge of their duties." ➢ and means and ways employed.
➢ Thus, the aggravating circumstance "that the crime be
committed xxx where public authorities are engaged in the Should there circumstances be considered as one only or there
discharge of their duties" was appreciated in the murder of a separately?
person in an electoral precinct or polling place during election ➢ they constitute only one aggravating circumstance
day. ➢ considered separately when their elements are distinctly
➢ the reason for not applying the circumstance was that the court perceived and can subsist independently, revealing a greater
had already adjourned when the crime was committed, degree of perversity.
➢ the attack was made in the adjoining room, not in the very place
where the justice of the peace was engaged in the discharge of When aggravating.
his duties. (1) When it facilitated the commission of the crime; or
➢ An electoral precinct during election day is a place "where (2) When especially sought for by the offender to insure the
public authorities are engaged in the discharge of their duties." commission of the crime or for the purpose of impunity (People
vs. Pardo, 79 Phil. 568, 578); or
Place dedicated to religious worship. (3) When the offender took advantage thereof for the purpose
➢ Cemeteries are not such a place of impunity.
Offender must have intention to commit a crime when he entered “Whenever such circumstances may facilitate the commission of
the place. the offense.”
➢ The test fixed by the statute is an objective one
➢ Nighttime may facilitate the commission of the crime, when
6. That the crime be committed in the night time, or in an because of the darkness of the night the crime can be perpetrated

unmolested, or interference can be avoided, or there would be ➢ It becomes so only when it is especially sought by the offender,
greater certainty in attaining the ends of the offender. or taken advantage of by him to facilitate the commission of the
crime or to insure his immunity from capture
Meaning of “especially sought for,” “for the purpose of impunity,” ➢ To be aggravating, the prosecution must show that the accused
and “took advantage thereof.” purposely sought to commit the crime at nighttime in order to
➢ Nighttime is not especially sought for, when the notion to facilitate the achievement of his objectives, prevent discovery
commit the crime was conceived only shortly before its or evade capture
commission, or when the crime was committed at night upon a The information must be allege that nighttime was sought for or
mere casual encounter taken advantage of by the accused or that it facilitated the
Nighttime need not be specifically sought for when (1) it facilitated commission of the crime.
the commission of the offense, or (2) the offender took advantage
of the same to commit the crime. Not aggravating when crime began at daytime.
➢ nocturnity, although not specifically sought for by the culprit, ➢ The commission of the crime must begin and be accomplished
shall aggravate his criminal liability if it facilitated the in the nighttime.
commission of the offense or the offender took advantage of the ➢ The offense must be actually committed in the darkness of the
same to commit the crime night
➢ 2 tests ○ Not appreciated when:
○ Objective test ■ they were carrying a light of sufficient brilliance
■ Nocturnity facilitates the commission of the which made it easy for the people nearby to
crime recognize them
○ Subjective test ■ committed at daybreak when the defendants
■ Purposely sought by the offender could be recognized
➢ 2 tests should be applied in the alternative ➢ When the place of the crime is illuminated by light, nighttime
is not aggravating
Nighttime
➢ that period of darkness beginning at end of dusk and ending at The lighting of a matchstick or use of flashlights does not negate
dawn. the aggravating circumstance of nighttime.
➢ Nights are from sunset to sunrise.
➢ Nighttime by and of itself is not an aggravating circumstance Uninhabited place.
What is uninhabited place?

➢ one where there are no houses at all, a place at a considerable What is a band?
distance from town, or where the houses are scattered at a great ➢ Whenever more than three armed malefactors shall have acted
distance from each other. together in the commission of an offense
➢ should not be considered when the place where the crime was ➢ The armed men must act together in the commission of the
committed could be seen and the voice of the deceased could be crime
heard from a nearby house. ➢ even if there are 20 persons, but only 3 are armed, this
➢ should be determined not by the distance of the nearest house aggravating circumstance by a band cannot be considered
from the scene of the crime, ➢ "Stone" is included in the term "arms."
o but whether or not in the place of the commission of the
offense there was a reasonable possibility of the victim If one of the four armed persons is a principal by inducement, they
receiving some help. do not form a band.
➢ Open sea ➢ All the armed men, at least four in number, must take direct part
➢ The fact that persons occasionally passed in the uninhabited in the execution of the act constituting the crime
place and that on the night of the murder another hunting party
was not a great distance away, does not matter. It is the nature When nighttime, uninhabited place, or by a band did not facilitate
of the place which is decisive. the commission of the crime, was not especially sought for, or was
➢ a kilometer from the nearest house or other inhabited place not taken advantage of.
o is considered an uninhabited place.
“By a band” is aggravating in crimes against property or against
➢ hidden among the trees and tall grasses on a hill, some 500 persons or in the crime of illegal detention or treason
meters away from the toll gate
o correct to appreciate uninhabited place. Not applicable to crimes against chastity.
➢ When the victims are the occupants of the only house in the
place, the crime is committed in an uninhabited place. Abuse of superior strength and use of firearms, absorbed in
➢ Solitude must be sought to better attain the criminal purpose. aggravating circumstance of “by a band.”
➢ The offenders must choose the place as an aid either
○ to an easy and uninterrupted accomplishment of their “By a band” is inherent in brigandage.
criminal designs, or ➢ committed by more than three armed persons forming a band of
○ to insure concealment of the offense, that he might robbers
thereby be better secured against detection and “By a band” is aggravating in robbery with homicide.
punishment
By a band.

7. That the crime be committed on the occasion of a ➢ The casual presence of armed men does not constitute an
conflagration, shipwreck, earthquake, epidemic or other aggravating circumstance when it appears that the accused did
calamity or misfortune. not avail himself of their aid or rely upon them to commit the
crime
The armed men must take part directly or indirectly.
Basis of this aggravating circumstance.
➢ time of the commission Examples of “with the aid of armed men.”
➢ Exceptions
Reason for the aggravation. ○ both the attacking party and the party attacked were
➢ instead of lending aid to the afflicted, adds to their suffering by
equally armed.
taking advantage of their misfortune to despoil them
○ the accused as well as those who cooperated with him in
the commission of the crime acted under the same plan
The offender must take advantage of the calamity or misfortune.
and for the same purpose.
“With the aid of armed men” (Par. 8), distinguished from “by a
“Chaotic condition” as an aggravating circumstance.
band.” (Par. 6)
➢ The development of engine trouble at sea is a misfortune, but it
does not come within the context of the phrase "other calamity WITH AID OF ARMED BY A BAND
or misfortune," MEN
8. That the crime be committed with the aid of armed men or even if one of the offenders More than 3 armed malefactors
persons who insure or afford impunity merely relied on their aid, for shall have acted together
actual aid is not necessary
➢ means and ways “Aid of armed men” is absorbed by “employment of a band.”
➢ If there are four armed men, aid of armed men is absorbed in
Requisites of this aggravating circumstance. employment of a band. If there are three armed men or less, aid
1. That armed men or persons took part in the commission of of armed men may be the aggravating circumstance
the crime, directly or indirectly
2. That the accused availed himself of their aid or relied upon “Aid of armed men” includes “armed women.”
them when the crime was committed. ➢ show of armed strength is necessary to guard a kidnap victim to
prevent or discourage escape and so in a sense, it may be justly
Rule for the application of this circumstance.
regarded as included in or absorbed by the offense itself,

➢ It is meant to include everything that is done in the course of the
9. That the accused is a recidivist. trial, from arraignment until after sentence is announced by the
judge in open court
A recidivist is one who, at the time of his trial for one crime, ➢ No recidivism if the subsequent conviction is for an offense
shall have been previously convicted by final judgment of committed before the offense involved in the prior conviction
another crime embraced in the same title of this Code
“Previously convicted by final judgement.”
➢ for three offenses were read on the same day. Is he a recidivist?
➢ inclination to crimes o No, because the judgment in any of the first two offenses
was not yet final when he was tried for the third offense.
Who is a recidivist? ➢ a judgment in a criminal case becomes final
➢ one who, at the time of his trial for one crime, shall have been ○ (1) after the lapse of the period for perfecting an appeal,
previously convicted by final judgment of another crime or
embraced in the same title of the Revised Penal Code. ○ (2) when the sentence has been partially or totally
➢ Requisites: satisfied or served, or
1. That the offender is on trial for an offense; ○ (3) the accused has waived in writing his right to appeal,
2. That he was previously convicted by final judgment of or
another crime; ○ (4) the accused has applied for probation
3. That both the first and the second offenses are embraced ○ "[a]n appeal must be taken within (15) days from
in the same title of the Code; promulgation or notice of the judgment or order
4. That the offender is convicted of the new offense. appealed from."
“At the time of his trial for one crime.” The present crime and the previous crime must be “embraced in
➢ What is controlling is the time of trial, not the time of the the same title of this Code.”
commission of the crime ➢ When one offense is punishable by an ordinance or special law
and the other by the Revised Penal Code, the two offenses are
Meaning of “at the time of his trial for one crime.” not embraced in the same title of the Code
➢ should not be restrictively construed as to mean the date of
arraignment Examples of this crime embraced in the same title to the Revised
➢ General sense Penal Code.
➢ Robbery and theft

➢ Homicide and physical injuries “Punished for an offense to which the law attaches an equal xxx
penalty.”
There is recidivism even if the lapse of time between two felonies is
more than 10 years. “Punished for an offense to which the law attaches xxx greater
➢ Recidivism must be taken into account as an aggravating penalty.”
circumstance no matter how many years have intervened ➢ The penalty for the first offense must at least be equal to that for
between the first and second felonies the second offense
“Punished xxx for two or more crimes to which it attaches a lighter
Pardon does not obliterate the fact that the accused was a penalty.”
recidivist; but amnesty extinguishes the penalty and its effects.
➢ amnesty extinguishes the penalty and all its effects. There is no It is a penalty attached to the offense, not the penalty actually
such provision with respect to pardon imposed.
NOTE* Reiteracion or habituality, now always aggravating.

10. That the offender has been previously punished by an ➢ previously convicted are against property and not directly
offense to which the law attaches an equal or greater penalty against persons
or for two or more crimes to which it attaches a lighter penalty. Recidivism and reiteracion, distinguished.
Basis of this aggravating circumstance. RECIDIVISM REITERACION

➢ inclination to crimes
➢ Requisites:
it is enough that a final it is necessary that the offender
1. That the accused is on trial for an offense; judgment has been rendered in shall have served out his
2. That he previously served sentence for another offense the first offense sentence for the first offense
to which the law attaches an equal or greater penalty, or
for two or more crimes to which it attaches lighter
requires that the offenses be the previous and subsequent
penalty than that for the new offense; and
included in the same title of the offenses must not be embraced
3. That he is convicted of the new offense Code in the same title of the Code
“Has been previously punished.”
➢ means that the accused previously served sentence for another
offense or sentences for other offenses before his trial for the
new offense.

always to be taken into not always an aggravating Basis:
consideration in fixing the circumstance ➢ motivating power
penalty to be imposed upon the This aggravating circumstance presupposes the concurrence of two
accused or more offenders.
Is this paragraph applicable to the one who gave the price or

The four forms of repetition are: reward?
1. Recidivism. (Paragraph 9, Art. 14) ➢ affects equally the offeror and the acceptor
○ generic aggravating circumstances ➢ If the price, reward or promise is alleged in the information as
2. Reiteracion or habituality. (Paragraph 10, Art. 14) a qualifying aggravating circumstance
○ generic aggravating circumstances
3. Multi-recidivism or habitual delinquency. (Art. 62, paragraph Price, reward or promise must be for the purpose of inducing
5) another to perform the dead.
○ extraordinary aggravating circumstance ➢ If without previous promise it was given voluntarily after the
4. Quasi-recidivism. (Art. 160) crime had been committed as an expression of his appreciation
○ special aggravating circumstance for the sympathy and aid shown by other accused, it should not
Habitual delinquency. be taken into consideration for the purpose of increasing the
➢ within a period of ten years from the date of his release or last penalty
conviction of the crimes of serious or less serious physical ➢ for this aggravating circumstance to be considered against the
injuries, robbery, theft, estafa or falsification, is found guilty of person induced, the said inducement must be the primary
any of said crimes a third time or oftener. consideration for the commission of the crime by him.
Quasi-recidivism.
➢ Any person who shall commit a felony after having been
convicted by final judgment, before beginning to serve such 12. That the crime be committed by means of inundation, fire,
poison, explosion, stranding of a vessel or international
sentence, or while serving the same, shall be punished by the
damage thereto, derailment of a locomotive, or by the use of
maximum period of the penalty prescribed by law for the new
any other artifice involving great waste and ruin.
felony.

11. That the crime be committed in consideration of a price, ● means and ways employed
reward, or promise.

Unless used by the offender as a means to accomplish a criminal Evident premeditation may be considered as to principal by
purpose, any of the circumstances in paragraph 12 cannot be induction.
considered to increase the penalty or to change the nature of the
offense. Essence of premeditation.
➢ As generic aggravating circumstance ➢ The essence of premeditation is that the execution of the
➢ When another aggravating circumstance already qualifies the criminal act must be preceded by cool thought and reflection
crime, any of these aggravating circumstances shall be upon the resolution to carry out the criminal intent during the
considered as generic aggravating circumstance only space of time sufficient to arrive at a calm judgment.
➢ When there is no actual design to kill a person in burning a ➢ It is not aggravating in the absence of evidence showing that the
house, it is plain arson even if a person is killed. accused had, prior to the killing, resolved to commit the same
When used as a means to kill another person, the crime is murder. The premeditation must be “evident.”
➢ The killing of the victim by means of such circumstances as ➢ There must be evidence showing that the accused meditated and
inundation, fire, poison, or explosion qualifies it to murder reflected on his intention between the time when the crime was
➢ Intent to kill essential in murder conceived by him and the time it was actually perpetrated.
➢ It will be noted that each of the circumstances of "fire," ➢ must be evident and not merely suspected.
"explosion," and "derailment of a locomotive" may be a part of ➢ Requisites of evident premeditation
the definition of particular crime, such as, ○ The prosecution must prove —
○ arson (Art. 320), 1. The time when the offender determined to commit the crime;
○ crime involving destruction (Art. 324), and 2. An act manifestly indicating that the culprit has clung to his
○ damages and obstruction to means of communication. determination; and
(Art. 330) 3. A sufficient lapse of time between the determination and
execution, to allow him to reflect upon the consequences of his
act and to allow his conscience to overcome the resolution of
13. That the act be committed with evidence premeditation his will
Manalinde illustrates the three requisites of evident premeditation.
➢ ways of committing The date and time when the offender determined to commit the
➢ implies a deliberate planning crime essential.
Illustration of deliberate planning of the act before executing it.
Second requisite necessary.

➢ The premeditation must be based upon external acts and not ➢ One whole day
presumed from mere lapse of time. ➢ More than ½ day
➢ must be notorious and manifest ➢ 4 hours
➢ Lapse of 3.5 hours
Second requisite exists.
➢ carefully planned by the offenders. Three hours or less considered sufficient lapse of time.
➢ previously prepared the means ➢ A quarter of an hour
➢ When a grave was prepared at an isolated place o No premeditation
➢ made repeated statements and armed themselves with deadly ➢ Half an hour
weapons. o Insufficient for full meditation and reflection
➢ commenced to sharpen his bolo on the afternoon preceding the ➢ One hour before
night of the crime. ➢ 2 hours
➢ according to his own confession, three times attempted to take ○ Did not have sufficient time
the life of the deceased in order to be able to marry his widow Why sufficient time is required.
➢ repeatedly plotted the commission of the murder over a period
of several weeks and, on at least two occasions, made There must be sufficient time between the outward acts and the
preliminary efforts to carry it out. actual commission of the crime.
Mere threats without the second element does not show evident
premeditation. Conspiracy generally presupposes premeditation.
➢ proposition was nothing but an expression of his own ➢ with proof of the attendant deliberation and selection of the
determination to commit the crime which is entirely different method, time and means of executing the crime, the existence
from premeditation. of evident premeditation can be taken for granted
➢ deliberately planned to commit the crime, and had persistently ➢ Exception
and continuously followed it ○ Only implied
Existence of ill-feeling or grudge alone is not proof of evident Evident premeditation and price or reward can co-exist.
premeditation. ➢ may be taken into consideration independently
➢ Premeditation is absorbed by reward or promise.
What is sufficient lapse of time? ➢ applicable only to the inductor
➢ 3 days’ time
➢ One month previously

When victim is different from that intended, premeditation is not ➢ means employed
aggravating.
➢ evident premeditation may be considered Application of this paragraph.
➢ if it is shown that the conspirators were determined to kill not ➢ characterized by the intellectual or mental means
only the intended victim but also anyone who may help him put ➢ rather than the physical means
a violent resistance.
Craft
It is not necessary that there is a plan to kill a particular person. ➢ involves intellectual trickery and cunning on the part of the
➢ Kill the first 2 persons they meet accused
➢ Whatever individual he should meet ➢ not attendant where the accused was practically in a stupor
➢ A general attack upon a village when the crime was committed (People v. Juliano)
➢ pretending to be bona fide passengers in a taxicab (People v.
Reason for the difference of the rulings. Daos)
➢ whoever is killed by him is contemplated in his premeditation. ➢ assuming position of authority, pretending to be a member of
➢ belonged to the class designated by the accused, although the the CID (People v. Timbol)
victim was not previously determined by him, premeditation is ➢ pretended to be constabulary soldiers (People v. Saquing)
an aggravating circumstance ➢ use of innocent-looking chocolate candies (People v. Guy)
➢ lures out the victim from his house in order to be killed (People
Distinguished from the Caranto case. v. Barbosa)
➢ pretended to accompany the victim in a friendly manner to
Evident premeditation, while inherent in robbery, may be create a false sense of security (People v. Molleda)
aggravating in robbery with homicide if the premeditation
included the killing of the victim.
Craft, when not an aggravating circumstance.
➢ specially where it is committed by various persons
➢ partakes of an element of the offense
➢ If there is no evidence that the conspirators previously planned ➢ qualified theft
and agreed to kill the victims, evident premeditation is not
aggravating in robbery with homicide Fraud
➢ insidious words or machinations used to induce the victim to act
14. That the craft, fraud or disguise be employed. in a manner which would enable the offender to carry out his
design

Does gaining entrance by pretending to buy cigarettes or to drink ○ does not appear that this was done as a disguise, but the
water constitute craft? custom of the country in which they had been reared (US
➢ Yes v. Rodriguez)
○ did it for fear of being attacked on the way
How is craft distinguished from fraud? ○ did not facilitate the consummation of the killing nor
CRAFT FRAUD was it taken advantage of (People v. Cunanan)
Acts in order to not arouse the Direct inducement (by insidious 15. That advantage be taken of superior strength, or means be
suspicion of the victim words or machinations) employed to weaken the defense.
Meaning of “Advantage be taken.”

➢ to use purposely excessive force out of proportion to the means
Disguise.
of defense available to the person attacked (People v. Cabiling)
➢ resorting to any device to conceal identity
➢ examples
○ face blackened (US v. Cofrada)
Evidence of relative physical strength necessary.
○ covered his face with handkerchief (People v. Piring)
➢ but the mere fact that one person was attacked by 2 aggressors
○ wore masks (People v. Cabato)
does not constitute this aggravating circumstance, if the relative
○ illegally wore a constabulary uniform (People v.
physical strength of the parties does not appear (People v.
Gonzales)
Bustos)
○ assumed name in the publication of a libel (People v.
➢ the mere fact of there being a superiority of numbers is not
Adamos)
sufficient to bring the case within the aggravating circumstance
Disguise, not considered.
When abuse of superior strength is aggravating.
➢ but if in spite of the use of handkerchief to cover their faces, the
➢ depends on the
culprits were recognized by the victim, disguise was not
○ age
considered aggravating (People v. Sonsona)
○ size
○ strength of the parties
The purpose of the offender in using any device must be to conceal
➢ whenever there is notorious inequality of forces between the
his identity.
➢ does not apply if: victim and the aggressor

Number of aggressors, if armed, may point to abuse of superior offenders, yet when the strength availed of is greatly in excess
strength. of that required for the realization of the offense.
➢ numerical superiority does not always mean abuse of
superiority (People v. Ybanez Jr.) Other crimes in which abuse of superior strength is aggravating.
➢ in illegal detention by 6 persons
Abuse of superior strength by numerical superiority. ➢ robbery with rape, 5 armed persons
➢ the fact that there were 4 assailants would constitute abuse of ➢ multiple rape, 4 men
superiority (People v. Garcia) The circumstance of “by a band” and that of “abuse of superior
strength,” distinguished.
There is abuse of superior strength when weapon used is out of BAND SUPERIOR STRENGTH
proportion to the defense available to the offended party.
➢ numerical superiority or
➢ notorious inequality of force or Regardless of the comparative The gravamen is the taking
➢ uses a powerful weapon which is out of proportion to the strength of the victim or victims advantage of their collective
defense available (People v. Padilla) strength to overpower their
relative weaker victim
Simultaneous attack by two persons with revolvers against a
defenseless person is aggravated by superior strength. ➢ the circumstance of band and abuse of superiority are separate
There is no abuse of superior strength when one acted as principal
and distinct legal concepts
and the other two as accomplices.
➢ what is taken into account is their relative physical might vis-a-
➢ inconsistent
vis the offended party
➢ it must appear together that the accused cooperated together in
some way designed to weaken the defense (People v. Cortez)
Aggravating circumstances absorbing band.
➢ abuse of superiority absorbs cuadrilla
When there is an allegation of treachery, superior strength is
➢ band is absorbed in treachery
absorbed.
➢ superior strength is absorbed and inherent in treachery ➢ treachery absorbs abuse of superiority
Abuse of superior strength is aggravating in coercion and forcible Means employed to weaken defense.
abduction, when greatly in excess of that required to commit the ➢ while struggling, throws a cloak over the head of his opponent
offense. ➢ while fighting, casts sand or dirt upon the eyes of the victim
➢ although the commission of the crime of coercion or forcible ➢ the mere fact that a rifle was used does not necessarily raise this
abduction presupposes superiority of force on the part of the aggravating circumstance

Intoxicating the victim to weaken defense. ➢ applicable only to crimes against person
➢ means, methods or forms need not insure accomplishment of
If the state of intoxication is such that the victim cannot put up any crime
sort of defense – treachery. o “to insure its EXECUTION”
➢ treachery may be considered ➢ the mode of attack must be consciously adopted
o “tend directly and specially”
Applicable only to crimes against persons, etc.
➢ sometimes Applicable only to crimes against persons.
○ against person and property It is not necessary that the mode of attack insures the
■ robbery with physical injuries/homicide consummation of offense.
Means to weaken the defense absorbed in treachery. ➢ does not depends upon the result thereof but upon the means
itself
16. That the act be committed with treachery (alevosia). ➢ the law does not require that the treacherous means insure the
execution of the aggression, without risk to the person of the
There is treachery when the offender commits any of the aggressor arising from the defense which the offended party
crimes against the person, employing means, methods, or might take, it being sufficient that it tends to this end
forms in the execution thereof which tend directly and ➢ treachery can be considered even if the offense was not
specially to insure its execution, without risk to himself arising consummated
from the defense which the offended party might make.
Treachery cannot be presumed.
Basis of this aggravating circumstance. ➢ the qualifying circumstance of treachery may not be simply
➢ means and ways employed deduced from presumption as it is necessary that the existence
of this qualifying or aggravating circumstance should be proven
Meaning of treachery. as fully as the crime itself in order to aggravate the liability or
1. commits any of the crimes against PERSON penalty incurred by the culprit
2. employing MEANS, methods or forms in the execution thereof ➢ illustrations:
3. which tend directly and specially to INSURE its execution ○ meeting of the victim and the assailant was only
4. without RISK to himself arising from the defense which the accidental
offended party may take ○ no witness who could have seen how the deceased was
shot was presented
Rules regarding treachery.

○ witness to the attack did not see how it all began, (2) the means of execution were deliberately or consciously
autopsy shows no back injury, happened in broad adopted
daylight in a public road shows causal and not planned
○ attack was frontal, the result of a rash and impetuous The victim was not in a position to defend himself.
impulse of the moment ➢ There is treachery when the offenders made a deliberate
surprise or unexpected attack on the victim.
● exceptions: ➢ There is no treachery when the victim was already defending
○ tied elbow to elbow himself when he was attacked by the accused.
■ his body had many wounds ➢ treachery is not present where the accused and the victim
■ head cut off grappled with each other.
■ treachery may be considered though no witness ➢ Does the fact that advantage was taken of relative confusion, so
saw the killing that the act and identity of the offender would not be detected,
○ tying hands of the victim and so that his escape would be facilitated adequately establish
○ treachery must be appreciated in the killing of a child treachery?
even if the manner of attack is not shown (People v. ○ treachery has been adequately established
Retubado) ○ Advantage was therefore taken by defendant of the
relative confusion created by the shower on the crowd
The mode of attack must be consciously adopted. ○
➢ this means that: Treachery does not connote the element of surprise alone.
o accused must make some preparation ➢ treachery does not connote the element of surprise alone, but
o the mode of attack must be thought of by the offender, exists when the offender employs means which tend directly
and must not spring from the unexpected turn of events and specially to insure the execution of the offense, without risk
to himself arising from the defense which the offended party
Requisites of treachery. might make
(1) That at the time of the attack, the victim was not in a position
to defend himself; and
(2) That the offender consciously adopted the particular means, There is treachery in killing a child.
method or form of attack employed by him. ➢ the weakness of the victim due to his tender age results in the
To constitute treachery, 2 conditions must be present, to wit: absence of any danger to the accused
(1) the employment of means of execution that gave the person
attacked no opportunity to defend himself or to retaliate; and Intent to kill is not necessary in murder with treachery.

Summary of the rules. make it impossible or does not employ employs means
(1) When the aggression is continuous, treachery must be
hard for the offended means, methods or
present in the beginning of the assault. (People vs. Canete,
supra) party to put up any forms of attack
(2) When the assault was not continuous, in that there was an sort of resistance
interruption, it is sufficient that treachery was present at the
moment the fatal blow was given. (U.S. vs. Baluyot, supra) only takes advantage means employed only
of his superior materially weakens
In treachery, it makes no difference whether or not the victim was strength the resisting power of
the same person whom the accused intended to kill. the offended party
➢ The reason for this rule is that when there is treachery, it is
impossible for either the intended victim or the actual victim to
defend himself against the aggression
When there is conspiracy, treachery is considered against all the
offenders.
When treachery is not to be considered as to the principal by ➢ Treachery should be considered against all persons participating
induction. or cooperating in the perpetration of the crime, except when
➢ When it is not shown that the principal by induction directed or
there is no conspiracy among them
induced the killer of the deceased to adopt the means, treachery
The mastermind should have knowledge of the employment of
cannot be taken into consideration as to the principal by treachery if he was not present when the crime was committed.
induction. It shall aggravate the liability of the actual killer only.
Treachery, abuse of superior strength, and means employed to Treachery cannot co-exist with passion or obfuscation.
weaken the defense, distinguished. ➢ Passion obfuscation
o loses his reason and self-control
TREACHERY ABUSE OF MEANS ➢ Treachery
SUPERIOR EMPLOYED TO ○ Mode of attack must be consciously adopted
STRENGTH WEAKEN THE
DEFENSE Par. 17. — That means be employed or circumstances
brought about which add ignominy to the natural effects of
the act.

Basis of this aggravating circumstance ➢ If the door is broken
➢ means employed ○ No
Ignominy, defined
➢ pertaining to the moral order, which adds disgrace and obloquy
Par. 19. — That as a means to the commission of a crime, a
to the material injury caused by the crime wall, roof, floor, door, or window be broken.
Applicable to crimes against chastity, less serious physical injuries,
light or grave coercion, and murder “As a means to the commission of a crime”
➢ embraced and kissed the offended party acted under an impulse ➢ not necessary that the offender should have entered the building.
of anger rather than a desire to satisfy his lust. ➢ To be considered as an aggravating circumstance, breaking the
➢ The act of “plastering” mud on the victim’s vagina right after door must be utilized as a means to the commission of the crime
she was raped ➢ Breaking of the shutters and the framing of the door to insure
➢ Forced by the accused to kneel in front of his house servants the elements of surprise does not aggravate the commission of
the crime
“That means employed”
➢ raped a woman after winding cogon grass around his genital
organ
Par. 20. — That the crime he committed (1) with the aid of
persons under fifteen years of age, or (2) by means of motor
Par. 18. — That the crime be committed after an unlawful vehicles, airships, or other similar means.
entry
“By means of motor vehicles”
Basis of this aggravating circumstance ➢ Use of motor vehicle is aggravating where the accused used the
➢ means and ways employed motor vehicle in going to the place of the crime, in carrying
away the effects thereof, and in facilitating their escape.
Meaning of unlawful entry ➢ If the motor vehicle was used only in facilitating the escape, it
➢ when an entrance is effected by a way not intended for the should not be an aggravating circumstance
purpose ➢ Where the use of a vehicle was not deliberate to facilitate the
killing of the victim, the escape of the assailants from the scene
To effect entrance, not for escape

of the crime, and the concealment of the body of the victim, but 6. Murder
only incidental, it is not an aggravating circumstance Elements of Murder
Estafa, which is committed by means of deceit or abuse of 1. A person was killed;
confidence, cannot be committed by means of motor vehicle 2. Accused killed him;
3. The killing was attended by any of the following
Theft, which is committed by merely taking personal property qualifying circumstances –
which need not be carried away, cannot be committed by means of a. With treachery, taking advantage of superior
motor vehicles strength, with the aid or armed men, or
employing means to waken the defense, or of
means or persons to insure or afford impunity;
b. In consideration of a price, reward or promise;
Par. 21. — That the wrong done in the commission of the c. By means of inundation, fire, poison,
crime be deliberately augmented by causing other wrong not explosion, shipwreck, stranding of a vessel,
necessary for its commission derailment or assault upon a railroad, fall of an
airship, by means of motor vehicles, or with the
Basis of this aggravating circumstance use of any other means involving great waste
➢ ways employed and ruin;
d. On occasion of any of the calamities
Requisites of cruelty: enumerated in the preceding paragraph, or of
1. That the injury caused be deliberately increased by causing anearthquake, eruption of a volcano, destructive
other wrong; cyclone, epidemic, or any other public calamity;
2. That the other wrong be unnecessary for the execution of the e. With evident premeditation;
purpose of the offender. f. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
Ignominy distinguished from cruelty outraging or scoffing at his person or corpse.
4. The killing is not parricide or infanticide.
IGNOMINY CRUELTY ➢ Homicide is qualified to murder if any of the qualifying
circumstances under Article 248 is present. It is the unlawful
Involves moral suffering Refers to physical suffering killing of a person not constituting murder, parricide or
infanticide.

➢ In murder, any of the following qualifying circumstances is 4. The killing was not attended by any of the qualifying
present: circumstances of murder, or by that of parricide or
infanticide.
The following are holdings of the Supreme Court with respect to
the crime of murder: ➢ Homicide is the unlawful killing of a person not constituting
(1) Killing of a child of tender age is murder qualified by treachery murder, parricide or infanticide.
because the weakness of the child due to his tender age results in the
absence of any danger to the aggressor. Distinction between homicide and physical injuries:
➢ In attempted or frustrated homicide, there is intent to kill.
(2) Evident premeditation is absorbed in price, reward or promise, if ➢ In physical injuries, there is none. However, if as a result of the
without the premeditation the inductor would not have induced the physical injuries inflicted, the victim died, the crime will be
other to commit the act but not as regards the one induced. homicide because the law punishes the result, and not the intent
of the act.
(3) Abuse of superior strength is inherent in and comprehended by the
circumstance of treachery or forms part of treachery. The following are holdings of the Supreme Court with respect to
the crime of homicide:
(4) Treachery is inherent in poison. (1) Physical injuries are included as one of the essential elements of
frustrated homicide.
(5) Where one of the accused, who were charged with murder, was the
wife of the deceased but here relationship to the deceased was not (2) If the deceased received two wounds from two persons acting
alleged in the information, she also should be convicted of murder but independently of each other and the wound inflicted by either could
the relationship should be appreciated as aggravating. have caused death, both of them are liable for the death of the victim
and each of them is guilty of homicide.
(6) Killing of the victims hit by hand grenade thrown at them is murder
qualified by explosion not by treachery. (3) If the injuries were mortal but were only due to negligence, the
crime committed will be serious physical injuries through reckless
7. Homicide imprudence as the element of intent to kill in frustrated homicide is
Elements of Homicide incompatible with negligence or imprudence.
1. A person was killed;
2. Offender killed him without any justifying (4) Where the intent to kill is not manifest, the crime committed has
circumstances; been generally considered as physical injuries and not attempted or
3. Offender had the intention to kill, which is presumed; frustrated murder or homicide.

(5) When several assailants not acting in conspiracy inflicted wounds 5. Erroneous or unskillful medical or surgical treatment
on a victim but it cannot be determined who inflicted which would 6. Delay in the medical treatment of the victim
which caused the death of the victim, all are liable for the victim’s
death.
NOTE* that while it is possible to have a crime of homicide through 9. Indeterminate Sentence Law
reckless imprudence, it is not possible to have a crime of frustrated
homicide through reckless imprudence.
8. Proximate Cause
Proximate cause is hat cause, which, in natural and continuous
sequence, unbroken by any efficient intervening cause, produces the
injury, and without which the result would not have occurred (Bataclan
v. Medina)
There must be a relation of “cause and effect,” the cause being the
felonious act of the offended, the effect being the resultant injuries &/
death of the victim
o Not altered by the pre-existing conditions such as
▪ Pathological condition of the victim Exceptions to the application of ISL:
▪ Predisposition of the offended party (Section 2)
▪ Concomitant or concurrent conditions 1. Those convicted with death penalty or life imprisonment
➢ Fault of doctors 2. Treason, conspiracy, proposal to commit treason, rebellion, sedition,
o Or by the conditions supervening the feloni[ou]s act espionage or piracy
3. Habitual delinquents
The following are NOT efficient intervening causes: 4. Those who have escaped confinement or evaded sentence
1. The weak or diseased physical condition of the victim 5. Those who violated the conditional pardon
2. The nervousness or the temperament of the victim 6. Those whose maximum term of imprisonment does not exceed one
3. Causes which are inherent in the victim (1) year
7. Those already sentenced with final judgment at the time of the
o Not knowing how to swim approval of the act
o Being an alcoholic 8. Sentenced to the penalty of destierro or suspension only (no prison
4. Neglect of the victim or 3rd person term included)
o Refusal of surgical operation

10. Theft
Elements of Theft In People v. Judge de Guzman, it was held that fencing is not a
1. There is taking of personal property; continuing offense. Jurisdiction is with the court of the place where the
2. The property taken belongs to another; personal property subject of the robbery or theft was possessed, bought,
3. The taking was done with intent to gain; kept, or dealt with. The place where the theft or robbery was committed
4. The taking was done without the consent of the was inconsequential.
owner;
5. The taking is accomplished without the use of 11. Exempting Circumstances
violence against or intimidation of persons of force upon Definition
things. ➢ They are circumstances which are grounds for exemption from
punishment.
Persons liable ➢ There is want of the conditions which make the act voluntary or
1. Those who with intent to gain, but without violence negligent.
against or intimidation of persons nor force upon things,
take personal property of another without the latter’s
Basis
consent;
➢ Complete absence of intelligence, freedom of action, or intent
2. Those who having found lost property, fails to deliver
the same to the local authorities or to its owner; or
3. Those who, after having maliciously damaged the ➢ Absence of negligence on the part of the accused
property of another, remove or make use of the fruits or
objects of the damage caused by them; In exempting circumstances, there is a crime committed but no
4. Those who enter an enclosed estate or a field where criminal liability arises.
trespass is forbidden or which belongs to another and, ➢ the complete absence of any of the conditions which constitute
without the consent of its owner, hunt or fish upon the free will or voluntariness
same or gather fruits, cereals or other forest or farm ➢ burden of proof
products. ○ must be proved by the defendant to the satisfaction of
the court
Anti-Fencing Law (PD 1612)
Fencing under Presidential Decree No. 1612 is a distinct crime from Par. 1. An imbecile or an insane person, unless the latter has acted
theft and robbery. If the participant who profited is being prosecuted during a lucid interval.
with person who robbed, the person is prosecuted as an accessory. If he
is being prosecuted separately, the person who partook of the proceeds When the imbecile or an insane person has committed an act which
is liable for fencing. the law defines as a felony (delito), the court shall order his

confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave How much evidence is necessary to overthrow the presumption of
without first obtaining the permission of the same court. sanity?
➢ In order to ascertain a person’s mental condition at the time of
the act, it is permissible to receive evidence of the condition of
Imbecility distinguished from insanity his mind during a reasonable period both before and after that
➢ imbecile is exempt in all cases
time
➢ the insane is not so exempt if he acted during a lucid interval
➢ Direct testimony is not required
o during lucid interval, the insane acts with intelligence ➢ to prove insanity, circumstantial evidence, if clear and
➢ imbecile convincing, will suffice (People v. Bonoan)
○ has a mental development comparable to that of children
between 2-7 y.o. Insanity at the time of the commission of the felony distinguished
○ deprived completely of reason or discernment (People from insanity at the time of the trial
v. Ambal)
Time of insanity Effect
To constitute insanity, there must be complete deprivation of
intelligence or that there be a total deprivation of the freedom of At the time of the commission Exempt from criminal liability
the will
➢ Necessary that there be a complete deprivation of intelligence Sane during commission but Liable criminally
(People v. Formigones) becomes insane at time of trial
➢ Mere abnormality of mental faculties is not enough
Procedure when the imbecile or the insane committed a felony

➢ The court has no power to permit the insane person to leave the
Par. 2. A person under nine years of age.
asylum without first obtaining the opinion of the Director of
Health (Chin Ah Foo v. Conception)
“Under 9 years” to be construed “9 years or less”
Who has the burden of proof to show insanity? Age of absolute irresponsibility raised to 15 years of age
➢ must prove insane at the time of the commission of the crime ➢ However, the child shall be subject to an intervention program
(People v. Bascos)
➢ the presumption is always in favor of sanity and the burden of Basis of paragraph 2
proof of insanity is on the defense (People v. Aquino) ➢ Complete absence of intelligence

age of conditional responsibility 15 years and 1 day – 18
Par. 3. A person over nine years of age and under fifteen,
unless he has acted with discernment, in which case, such
minor shall be proceeded against in accordance with the age of full responsibility 18 – 70
provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, age of mitigated responsibility Over 70
the court, in conformably with the provisions of this and the (also, 15 years and 1 day – 18,
preceding paragraph, shall commit him to the care and custody acting with discernment)
of his family who shall be charged with his surveillance and
education otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.
➢ senility, which is the age over 70. is only mitigating and cannot
be considered as similar to infancy which is exempting
Paragraph 3, Article 12 of the RPC impliedly repealed by RA No.
9344
Child in conflict with the law
➢ who at the time of the commission of the offense is below 18
Children above 15 but below 18 years of age who acted without
but not less than 15 years and 1 day old
discernment exempt from criminal liability
➢ a minor under 18 but above 15 must have acted with
discernment to incur criminal liability Meaning of “discernment”
➢ capacity of the child at the time of the commission of the offense
➢ the minor is presumed to have acted without discernment
to understand the differences between right and wrong and the
➢ it is incumbent upon the prosecution to prove that a minor has
consequences of the wrongful act
acted with discernment
➢ determined by taking into consideration:
Periods of criminal responsibility
life of a human is divided into 4 periods: ○ appearance
○ attitude
Period Age Equivalent ○ comportment and behavior of the minor, not only before
and during the commission of the act, but also after and
age of absolute irresponsibility 15 below even during the trial (People v. Doquena)

Par. 4. — Any person who, while performing a lawful act with Unusual or unexpected by the
due care, causes an injury by mere accident without fault or person
intention of causing it.
➢ Accident and negligence are intrinsically contradictory; one
Elements: cannot exist with the other.
1. A person is performing a lawful act; The death of the deceased in this case was considered caused by
2. With due care; mere accident.
3. He causes an injury to another by mere accident;
4. Without fault or intention of causing it. When claim of accident not appreciated.
1) Repeated blows
The person must be performing a lawful act. 2) threatening words preceding it and still aiming the gun at the
➢ The discharge of a firearm in such a thickly populated place prostrate body
being prohibited and penalized 3) frail and shorter than her husband,
➢ was not performing a lawful act when he accidentally hit and The absence of any powder burns at the entrance of the wound
wounded in the body of the deceased is convincing proof that he was shot
from a distance
➢ Hence, the exempting circumstance cannot be properly invoked
Accident and negligence, intrinsically contradictory. Par. 5. — Any person who acts under the compulsion of an
ACCIDENT NEGLIGENCE irresistible force.
Without any human agency is the failure to observe, for the Elements:
protection of the interest of 1. That the compulsion is by means of physical force.
2. That the physical force must be irresistible.
another person, that degree of
3. That the physical force must come from a third person.
care, precaution and vigilance ● it must produce such an effect upon the individual
which the circumstances justly that, in spite of all resistance, it reduces him to a
demand without which such mere instrument
other person suffers injury.
No compulsion of irresistible force.
➢ he himself was armed with a rifle.

➢ Mere fear to disobey or refuse to carry out orders of the
Passion or obfuscation cannot be irresistible force. organization, in the absence of proof of actual physical or moral
➢ The irresistible force can never consist in an impulse or passion, compulsion to act, is not sufficient to exempt the accused from
or obfuscation. criminal liability.
Basis of paragraph 5. Real, imminent or reasonable fear.

➢ complete absence of freedom ➢ It must be clearly shown that the compulsion must be of such
character as to leave no opportunity for the accused to escape.
Nature of force required.
➢ A threat of future injury is not enough. The compulsion must be Distinction between irresistible force and uncontrollable fear.
of such a character as to leave no opportunity to the accused for IRRESISTIBLE FORCE UNCONTROLLABLE
escape or self-defense in equal combat.
FEAR
Par. 6. — Any person who acts under the impulse of an The offender uses violence or the offender employs
uncontrollable fear of an equal or greater injury. physical force to compel intimidation or threat in
another person to commit a compelling another to commit a
crime crime
➢ by means of intimidation or threat, not force or violence.
Elements: Basis of paragraph 6.

➢ complete absence of freedom.
1. That the threat which causes the fear is of an evil greater than or
at least equal to, that which he is required to commit;
2. That it promises an evil of such gravity and imminence that the Par. 7. — Any person who fails to perform an act required by
ordinary man would have succumbed to it. law, when prevented by some lawful or insuperable cause.
the following requisites must concur:
(a) existence of an uncontrollable fear;
(b) the fear must be real and imminent; and Elements:
(c) the fear of an injury is greater than or at least equal to that 1. That an act is required by law to be done;
committed. 2. That a person fails to perform such act;
3. That his failure to perform such act was due to some lawful or
Speculative, fanciful and remote fear is not uncontrollable fear. insuperable cause.

respectively, only the
In all the exempting circumstances, intent is wanting in the agent penalty of imprisonment
should be imposed.
of the crime.
Complex Crime Charged
Distinction between justifying and exempting circumstances. only by one Information
but can be convicted of
JUSTIFYING EXEMPTING one crime when the other
was not proven
Does not transgress the law there is a crime but no criminal
Special Complex Crime
liability of Kidnapping with
Murder or Homicide.
Where the person
There is nothing unlawful in the The act is not justified, but the
kidnapped is killed in
act as well as in the intention of actor is not criminally liable. the course of the
the actor detention, regardless of
whether the killing was
purposely sought or was
There is neither a crime nor a
merely an afterthought,
criminal the kidnapping and
murder or homicide can
No civil liability, except in par. There is civil liability, except in no longer be complexed
under Art. 48, nor be
4 (causing damage to another in pars. 4 and 7 of Art. 12(causing
treated as separate
state of necessity) an injury by mere accident; crimes, but shall be
failing to perform an act punished as a special
complex crime under the
required by law when prevented last paragraph of Art.
by some lawful or insuperable 267, as amended by
cause) R.A. No. 7659
Types Notes
First: When a single act Requisites: Single purpose theory of
12. Complex Crimes constitutes two or more People v. Lawas
Rules for Complex Crime grave or less grave 1. That only a single act • has no legal
felonies. (Compound is performed by the basis for article
Penalty Imposed penalty for the graver When two felonies Crime) offender. 48 speaks of a
offense shall be imposed constituting a complex
single act.
in its maximum period crime are punishable by 2. That the single act Theory is
imprisonment and fine,
produces: a. two or more acceptable

grave felonies, b. one or when it is not against 2 purpose but v.
more grave and one or certain who diff different acts sanidad
more less grave felonies, among several persons G.R.
c. two or more less grave accused killed No.
felonies or injured each 146099
of the several and
victims. page
673
If it is possible that 2 Reyes)
victims were killed by Reckless Yes Throwing Yes Several light No (As
one missile- complex Impruden handgrena felonies in many
crime (People v. ce de and single act light
Bersamin) resulting wounding felonies
• applicable only to injury several as there
when there is to 2 diff. others are
no evidence as persons injuries)
to how many Stab judge Yes (Direct Press Yes (2017, single act of Yes
wounds the with a assault trigger reyes) firing a shot,
victims got knife & with less once on the same
incapacita serious PI) machine No (old bullet
Second: When an offense Requisites The phrase "necessary te gun and version causing the
is a necessary means for means" does not mean killing reyes, death of two
committing the other. 1. That at least two "indispensable means." several People v. persons
(Complex Crime Proper) offenses are committed. Desierto)
When No. But Theft of No. If purpose of No.
2. That one or some of trespass to AC firearm concealing
the offenses must be dwelling and illegal the
necessary to commit the is a direct possession commission
other. means to of the other
commit a
3. That both or all the grave
offenses must be offense.
punished under the Illegal No. it is a
same statute. possession special
Crime Was it Crime Was it Crime Was it of firearm aggravatin
Complex? Complex? comple and g
x? homicide circumstan
Firing No Putting Yes Conspiracy Yes ce
revolver bomb on for a single (See Rules on Malversation Offender No. Offender Yes.
twice Plane people and Falsification had funds separate had to falsify

in his crimes of public or
possession falsificatio official 13. Bouncing Checks Law (B.P. 22)
and uses n and document to
false malversati obtain funds
documents on to How Violated (2 ways):
to conceal misappropri A.
malversatio ate 1. A person makes or draws and issues any
n check;
Plurality of Crimes
2. The check is made or drawn and issued to
Nature Formal or Ideal Real or Material
Liability one criminal liability due separate offenses apply on account or for value; Thus, it can apply
to a series of acts because of different acts to pre- existing obligations, too.
Kinds 1. Article 48 different crimes 3. The person who makes or draws and issued
2. Law fixes a the check knows at the time of issue that he does
single penalty not have sufficient funds in or credit with the
for 2 offenses
3. Continued
drawee bank for the payment of such check in
crimes full upon its presentment;
4. The check is subsequently dishonored by the
Special Rules for • Continued Crime: A continued (continuous drawee bank for insufficiency of funds or credit,
continued Crimes or continuing) crime is a single crime, or would have been dishonored for the same
consisting of a series of acts but all arising reason had not the drawer, without any valid
from one criminal resolution
reason, ordered the bank to stop payment.
• Eight robberies as component parts of a B.
general plan to despoil all those within the 1. A person has sufficient funds in or credit with
vicinity. - single crime BUT if not part of the drawee bank when he makes or draws and
general plan, but robbed houses even if issues a check;
placed closely together - separate crimes.
2. He fails to keep sufficient funds or to maintain
• The series of acts born of a single criminal a credit to cover the full amount of the check if
impulse may be perpetrated during a long presented within 90 days from the date
period of time. appearing;
3. The check is dishonored by the drawee bank.
• When two acts are deemed distinct from one
another although proceeding from the same
criminal impulse- separate crimes (i.e. act When is there prima facie evidence of knowledge of insufficient
against honor and against person) funds?

➢ There is a prima facie evidence of knowledge of insufficient 2. He had the custody or control of funds or property by
funds when the check was presented within 90 days from the reason of the duties of his office;
date appearing on the check and was dishonored. 3. Those funds or property were public funds or property
for which he was accountable;
Exceptions: 4. He appropriated, took, misappropriated or consented
1. When the check was presented after 90 days from date; or , through abandonment or negligence, permitted
2. When the maker or drawer - another person to take them.
a. Pays the holder of the check the amount due within
five banking days after receiving notice that such check Acts punished
has not been paid by the drawee; 1. Appropriating public funds or property;
b. Makes arrangements for payment in full by the 2. Taking or misappropriating the same;
drawee of such check within five banking days after 3. Consenting, or through abandonment or negligence,
notice of non-payment permitting any other person to take such public funds or
➢ The drawee must cause to be written or stamped in plain property; and
language the reason for the dishonor. 4. Being otherwise guilty of the misappropriation or
➢ If the drawee bank received an order of stop-payment from the malversation of such funds or property.
drawer with no reason, it must be stated that the funds are
insufficient to be prosecuted here. 15. Dangerous Drugs Act (IMPORTANT AND SALIENT
➢ POINTS)
The unpaid or dishonored check with the stamped
information re: refusal to pay is prima facie evidence of: a. Use of dangerous drugs - Where residue of dangerous drugs is found and there
(1) the making or issuance of the check; is a positive confirmatory test result, the accused should be charged with use rather
(2) the due presentment to the drawee for payment & the than possession of dangerous drugs. This would be in keeping with the intent of the
law to rehabilitate first time offenders of drug use and provide them with an
dishonor thereof; and opportunity to recover for a second chance at life (People vs. Matinez, G.R. No.
(3) the fact that the check was properly dishonored for 191366, December 13, 2010).
the reason stamped on the check.
Positive confirmatory test is an element of use of dangerous drugs. However, the
absence of such test cannot be raised as an issue for the first time on appeal (Ambre
14. Malversation of Public Funds or Property vs. People, G.R. No. 191532. August 15, 2012).
Elements Common to All Acts of Malversation Under
Article 217 c. Coordination with PDEA - Lack of coordination with the PDEA will not
invalidate a buy-bust operation. Such coordination is not an indispensable
1. Offender is a public officer; requirement in buy-bust operations (People vs. Mendosa, G.R. No. 189327,
February 29, 2012)

Possession of different kinds of dangerous drugs in a single occasion
b. Attempted sale - Poseur-buyer showed shabu for sale to poseur buyer. The sale constitutes a single offense of possession of dangerous drugs (David vs. People, G.R.
was aborted when the police officers immediately placed accused under arrest. The No. 181861, October 17, 2011).
crime committed is attempted sale (People vs. Figueroa, G.R. No. 186141, April 11,
2012).
For illegal possession of dangerous drugs, the prosecution must establish that the
e. Seizure and custody - Although non-compliance with the prescribed accused freely and consciously possessed the dangerous drug without authority.
procedural requirements would not automatically render the seizure and custody of However, mere possession of dangerous drug constitutes prima facie evidence of
the contraband invalid, that is true only when there is a justifiable ground for such knowledge or animus possidendi sufficient to convict an accused in the absence of
non-compliance, and the integrity and evidentiary value of the seized items are any satisfactory explanation (Asiatico vs. People, G.R. No. 195005, September 12,
properly preserved. Any departure from the prescribed procedure must then still be 2011).
reasonably justified, and must further be shown not to have affected the integrity
and evidentiary value of the confiscated contraband (People vs. Barte, G.R. No. Attempted Sale - “A”, poseur buyer, asked “X” if he has available “shabu”
179749, for sale. “X” answered in the affirmative and showed to “A” a plastic sachet
March 30, 2017, Bersamin). containing shabu. “A” immediately identified himself as a policeman, and then,
apprehended “X” and confiscated the “shabu” from his pocket. What is the crime
g. Chain of custody - The following links must be established in the chain of committed by “X”? “X” is liable for attempted sale of shabu punishable under Section
custody in a buy-bust situation: first, the seizure and marking, if practicable, of the 26 of RA 9165. Attempt to sell shabu was shown by the overt act of appellant therein
illegal drug recovered from the accused by the apprehending officer; second, the of showing the substance to the poseur-buyer. The sale was aborted when the police
turn officers identified themselves and placed appellant under arrest (People vs. Figueroa,
G.R. No. 186141, April 11, 2012).
over of the illegal drug seized by the apprehending officer to the investigating
officer; third, the turn over by the investigating officer of the illegal drug to the
forensic chemist for laboratory examination; and fourth, the turn over and Delivery - Is the absence of marked money as evidence fatal to prosecution
submission of the marked illegal drugs seized from the forensic chemist to the court of sale and delivery of dangerous drugs? No. The law defines deliver as “a person’s
(People vs. Constantino, Jr. GR No. 199689, March 12, 2014). act of knowingly passing a dangerous drug to another with or without
consideration.” Considering that the appellant was charged with the sale and
h. Plea bargaining - Section 23 of RA No. 9165, any person charged under any the delivery of prohibited drugs, the consummation of the crime of delivery of
marijuana may be sufficiently established even in the absence of the marked money
crime involving dangerous drugs regardless of the imposable penalty shall not be
(People vs. Domingcil, G.R. No. 140679, January 14, 2004).
allowed to avail of the provision on plea-bargaining.
Lack Of Coordination With Pdea - Silence of the law as to the

Use of dangerous drugs - Where the presence of dangerous drugs as basis
for possession is only in the form of residue and there is a positive confirmatory test consequences of the failure on the part of the law enforcers to seek the prior authority
of the PDEA cannot be interpreted as a legislative intent to make an arrest without
result, the accused should be charged with use of dangerous drugs rather than
such PDEA participation illegal or evidence obtained pursuant to such an arrest
possession of dangerous drugs. This would be in keeping with the intent of the law to
inadmissible (People vs. Clarite, G.R. No. 187157, February 15, 2012). Lack of
file charges of use of dangerous drugs in order to rehabilitate first time offenders of
coordination with the PDEA will not invalidate a buy-bust operation. Such
drug use and provide them with an opportunity to recover for a second chance at life
coordination is not an indispensable requirement in buy-bust operations. Neither
(People vs. Matinez, G.R. No. 191366, December 13, 2010).
Section 86 of Republic Act No. 9165 nor its Implementing Rules and Regulations

make PDEA’s participation a condition sine qua non for the conduct of a buy-bust the item was picked up to the time it is offered into evidence, in such a way that every
operation (People vs. Mendosa, G.R. No. 189327, February 29, 2012) person who touched the exhibit would describe how and from whom it was received,
where it was and what happened to it while in the witness’ possession, the condition
Confirmatory Test - In Ambre vs. People, G.R. No. 191532. August 15, in which it was received and the condition in which it was delivered to the next link
2012 - In no instance did accused challenge, at the RTC, the supposed absence of in the chain. These witnesses would then describe the precautions taken to ensure that
confirmatory drug test conducted on her. Accused only questioned the alleged there had been no change in the condition of the item and no opportunity for someone
omission when she appealed her conviction before the CA. It was too late in the day not in the chain to have possession of the same (People vs. Constantino, Jr. GR No.
for her to do so. Well entrenched is the rule that litigants cannot raise an issue for the 199689, March 12, 2014).
first time on appeal as this would contravene the basic rules of fair play and justice.
Thus, the following links must be established in the chain of custody in a
Photography And Inventory –Under Section 21 of RA No. 9165, the buy-bust situation: first, the seizure and marking, if practicable, of the illegal drug
apprehending team having initial custody and control of the drugs shall, immediately recovered from the accused by the apprehending officer; second, the turn over of the
after seizure and confiscation, physically inventory and photograph the same in the illegal drug seized by the apprehending officer to the investigating officer; third, the
presence of the accused or the person/s from whom such items were confiscated turn over by the investigating officer of the illegal drug to the forensic chemist for
and/or seized, or his/her representative or counsel, a representative from the media laboratory examination; and fourth, the turn over and submission of the marked illegal
and the Department of Justice (DOJ), and any elected public official who shall be drugs seized from the forensic chemist to the court (People vs. Constantino, Jr. GR
required to sign the copies of the inventory and be given a copy thereof; However, the No. 199689, March 12, 2014)
Implementing rules of RA No. 9165 provides that non-compliance with these
requirements under justifiable grounds, as long as the integrity and the evidentiary
value of the seized items are properly preserved by the apprehending officer/team,
shall not render void and invalid such seizures of and custody over said items. Paraphernalia With Traces Of Shabu – In People vs. Matinez, G.R. No.
191366, December 13, 2010 - This Court notes the practice of law enforcers of filing
Under Section 21 of RA No. 9165, the apprehending team having initial charges under Sec. 11 in cases where the presence of dangerous drugs as basis for
custody and control of the drugs shall, immediately after seizure and confiscation, possession is only and solely in the form of residue, being subsumed under the last
physically inventory and photograph the same in the presence of the accused, his paragraph of Sec. 11. Although not incorrect, it would be more in keeping with the
representative or counsel, media and DOJ, and any elected public official. Non- intent of the law to file charges under Sec. 15 instead in order to rehabilitate first time
compliance with the requirements of Section 21 of R.A. No. 9165 will not necessarily offenders of drug use, provided that there is a positive confirmatory test result as
render the items seized or confiscated in a buy-bust operation inadmissible. Strict required under Sec. 15. The minimum penalty under the last paragraph of Sec. 11 for
compliance with the letter of Section 21 is not required if there is a clear showing that the possession of residue is imprisonment of twelve years and one day, while the
the integrity and the evidentiary value of the seized items have been preserved (David penalty under Sec. 15 for first time offenders of drug use is a minimum of six months
vs. People, Gr No. 181861, October 17, 2011, ; Marquez vs. People, G.R. No. 197207, rehabilitation in a government center. To file charges under Sec. 11 on the basis of
March 13, 2013; People vs. Morate, GR No. 201156, January 29, 2014; People vs. residue alone would frustrate the objective of the law to rehabilitate drug users and
Ladip, GR No. 196146, March 12, 2014; People vs. Bis, GR No. 191360, March 10, provide them with an opportunity to recover for a second chance at life.
2014).
Chain Of Custody – As a method of authenticating evidence, the chain of

custody rule requires that the admission of an exhibit be preceded by evidence In order to effectively fulfill the intent of the law to rehabilitate drug users,
sufficient to support a finding that the matter in question is what the proponent claims this Court thus calls on law enforcers and prosecutors in dangerous drugs cases to
it to be. It would include testimony about every link in the chain, from the moment exercise proper discretion in filing charges when the presence of dangerous drugs is

only and solely in the form of residue and the confirmatory test required under Sec. ➢ If the offender and the offended party, although related by blood
15 is positive for use of dangerous drugs. In such cases, to afford the accused a chance and in the direct line, are separated by an intervening
to be rehabilitated, the filing of charges for or involving possession of dangerous
drugs should only be done when another separate quantity of dangerous drugs, other
illegitimate relationship, parricide can no longer be committed.
than mere residue, is found in the possession of the accused as provided for in Sec. The illegitimate relationship between the child and the parent
15. renders
17. Extinguishment of Criminal Liability

Importation Of Dangerous Drugs - In People vs. Chan Liu, G.R. No. Extinction of Criminal Liability
189272, January 21, 2015, accused were caught by police authorities on board a Total Mode of Extinction (art.89)
speedboat carrying shabu. They were charged with importation of dangerous drugs. • Ground for MTQ
However, since it was not proven that the drugs came from China or foreign country • Statute of limitations on civil liability is interrupted upon
they were convicted of possession of dangerous drugs, which is necessarily included filing of criminal action
in the charge of importation. Death of the
convict
Service of
sentence
Amnesty - Act of sovereign power as a general pardon for past
16. Parricide
offenses
Elements of Parricide - Completely extinguishes the penalty and ll its effects
1. A person is killed; - May be granted anytime
2. The deceased is killed by the accused; - Not extinguish civil liability
3. The deceased is the father, mother, or child, whether - Only political offenses
- “like a new born baby”
legitimate or illegitimate, or legitimate other ascendant
- Can be taken judicial notice
or other descendant, or the legitimate spouse, of the Absolute - In pardon, delivery and acceptance in indispensable
accused. pardon - For adultery cases, the offended spouse must pardon
both offenders
➢ This is a crime committed between people who are related by - Any crime
blood. Between spouses, even though they are not related by - Only after conviction
- Does not alter recidivism
blood, it is also parricide. - Private act of president, need to plead and prove
➢ The relationship must be in the direct line and not in the
collateral line.
➢ The relationship between the offender and the offended party
must be legitimate, except when the offender and the offended
party are related as parent and child.

Prescription - Penalty PRESCRIBED by law Public service commission 2m
of the crime - State Loses the right to prosecute or cert. of public
- To compute: first day excluded and last day included convenience
(even if Sunday or holiday)
- If compound crime, highest penalty is basis Computation of Prescription of Offenses
- If fine is an alternative penalty higher than What Effect on
imprisonment - base it on fine (i.e. on amount of fine to prescription
classify as afflictive) even if penalty is arresto mayor and 1. From date of commission Begins to run
fine. (People v. Crisostomo; People v. Basalo)
- Cannot be convicted of an offense lesser than that OR
charged if the lesser offense had already prescribed at
time of filing of information. 2. If unknown, when crime (not
- Note that Art. 90 does NOT apply to SPL but Art. 91 can offender) is discovered by
apply to such (CONTENTIOUS RULING in People v. - Offended party
Tamayo, use with care) - Authorities
- Agents of such
NOTES
• If in a public document - it runs
from time of commission
• False testimony - begins to runs
Crime Prescription only after principal case is decided
Libel 1yr • For election offense -begins to rune
Oral defamation 6m from date of commission but if
Slander by Deed or Grave 6m discovered as incident to judicial
slander proceedings upon it being
Simple Slander 2m terminated
Destierro 10 years Filing of complaint or information Interrupted
Under SPECIAL LAWS (RA 3326) [Begin to run from day
of commission of violation or from discovery] NOTES
Fine or imprison not more 1yr • Includes preliminary investigation
than 1m (1 month or less) by municipal mayor when justice
1m < X< 2yr 4yr was absent
2 ≤ X < 6yr 8yr • If there is PI - upon filing with
6 ≤ X and more 12yr proper officer (even if not in court)
Internal revenue law 5yr • If no need PI - upon filing at MTC
Municipal ordinance 2m or Prosecutor (in chartered cities)
• Should be PROPER information or
complaint for the Offense charged

• Effect of Amendment
o Substantial - interruption NOTES:
only at filing of • Elements
amendment o Final sentence
o Formal - interruption from o Evade service
date of original during term
• People v. Galano - if complaint o Has not been
alleges jurisdiction even if thereafter captured etc.
the evidence presented points that o Penalty has
court had no territorial jurisdiction - prescribed
Still interrupt • Evasion presupposes escape
1. Terminate without accused being Commences to • There is TACKING of
convicted or acquitted run again evasion of service of
2. Unjustifiable stopped for any sentence
reason not imputable to accused 1. Gives himself up Interrupted
2. Be captured
NOTES 3. Goes to foreign country w/
• If dismissal after arraignment - no extradition treaty w/
Double Jeopardy PH
• How about if it is dismissed with 4. Commits another crime
consent of accused? BEFORE expiration of
• What if provisional dismissal? period of prescription
Offender is absent from the Philippines Not run
NOTES
Prescription - Loses right to execute final sentence • Crime must be COVERED
of penalty - Penalties be imposed by final sentence (not when its ony by the Extradition treaty
appeal) • If never placed in
- Penalty IMPOSED should be considered confinement, prescription
- A fine of 525 being correctional prescribes in 10 years will never run (need to
even if Subsidiary imprisonment could not exceed 6 escape)
mos. • The crime of evasion of
service of sentence is NOT
Computation of Prescription of Penalties included in no. 4.
• Acceptance of conditional
pardon interrupts period
What Effect on Prescriptive Marriage to - As provided for under Article 344 for the crimes of
period offended o Rape
Date the culprit evaded the Begins to run woman (art. o Seduction
service of sentence 344) o Abduction

o Acts of lasciviousness ● Mere intention producing no effect is no more a crime
- Marriage be in good faith than a mere effect without the intention is a crime
- The provisions of this paragraph shall also be applicable
to the co-principals, accomplices and accessories after 2. External acts
the fact of the above-mentioned crimes. ● Cover:
i. Preparatory acts
18. Stages of a Commission of a Crime o Ordinarily not punishable
Consummated felony, defined o But preparatory acts which are
➢ When all the elements necessary for its execution and considered in themselves by law as
accomplishment are present independent crimes are punishable
ii. Acts of execution
Frustrated felony, defined o The stages of acts of execution –
➢ When the offender performs all the acts of execution which attempted, frustrated, and consummated
would produce the felony as a consequence – are punishable
o But which nevertheless do not produce it Attempted felony
o By reason of causes independent of the will of the Elements:
perpetrator 1. Offender commences the commission of the felony directly by
overt acts
Attempted felony, defined 2. He does not perform all the acts of execution which should
➢ When the offender commences the commission of a felony produce the felony
directly by overt acts, and does not perform all the acts of 3. The offender’s acts is not stopped by his own spontaneous
execution which should produce the felony desistance
o By reason of some cause or accident other than his own 4. The non-performance of all acts of execution was due to cause
spontaneous desistance or accident other than his spontaneous desistance
Development of crime Important words and phrases in Article 6

Stages: 1. “Commences the commission of a felony directly by overt acts”
1. Internal acts
● Mere ideas in the mind of a person The external acts must be related to the overt acts of the crime the
● Not punishable offender intended to commit
● Intention and effect must concur ➢ Should not be mere preparatory acts
➢ Overt acts, defined.

o Some physical activity or deed, indicating the intention o by any cause outside his own spontaneous desistance
to commit a particular crime o the subjective phase has not been passed
o More than a mere planning or preparation o it is an ATTEMPT
o Which if carried to its complete termination following ➢ if he is not stopped but continues until he performs the last act
its natural course, o provided the crime is not produced
▪ Without being frustrated by external obstacles o it is FRUSTRATED
nor by the voluntary desistance of the o already reached the objective phase
perpetrator,
o Will logically and necessarily ripen into a concrete Frustrated felony
offense Elements:
Preparatory acts and overt acts, distinguished 1. offender performs all the acts of execution
➢ Preparatory act: bought poison from drugstore 2. all the acts performed would produce the felony as a
➢ Overt act: mixed poison with food consequence
3. but the felony is not produced
Drawing or trying to draw a pistol is not an overt act of homicide 4. by reason of causes independent of the will of the perpetrator
➢ To constitute attempted homicide, the person using a firearm
must fire the same, with intent to kill, at the offended party, Important words and phrases
without however inflicting a mortal wound on the latter 1. “Performs all the acts of execution”
● Nothing more is left to be done by the offender, because he has
performed the last act necessary to produce the crime
Subjective phase of the offense ● This element distinguishes frustrated felony from attempted
➢ In attempted felony, the offender never passes the subjective felony
phase of the offense
Definition of subjective phase of the offense Is there frustration due to inadequate or ineffectual means?
➢ That portion of the acts constituting the crime ➢ Same footing as an impossible attempt
o Starting from the point where the offender begins the
commission of the crime Frustrated felony distinguished from attempted felony
o to the point where he has still control over his acts, Frustrated Attempted
including their acts’ natural course
➢ if between these 2 points the offender is stopped

Offender has not Same
accomplished his criminal Consummated felony
purpose ➢ When all the elements necessary for its execution and
Offender has performed all The offender merely accomplishment are present
the acts of execution which commences the commission
would produce the felony as of a felony directly by overt Important words and phrases
consequence acts and does not perform all ➢ Every crime has its own elements which must all be present to
the acts of execution constitute a culpable violation of a precept of law
Has reached the objective Not passed the subjective
phase phase When not all the elements of a felony are proved
No intervention of a foreign There is intervention and the 1. When a felony has 2 or more elements and one of them is not
or extraneous cause or offender does not arrive at the proved by the prosecution during the trial, either
agency between the point of performing all of the
1. The felony is not shown to have been consummated
beginning of the acts which should produce
consummation of the crime the crime. He is stopped short 2. The felony is not shown to have been committed
and the moment when all of of that point by some cause 3. Another felony is shown to have been committed
the acts have been apart from his own voluntary 2. All the elements of the felony for which the accused is
performed which should desistance prosecuted must be present in order to hold him liable therefor
result in the consummated in its consummated stage
crime
How to determine whether the crime is only attempted, or
Attempted or frustrated felony distinguished from impossible frustrated, or it is consummated
crime Must consider:
Attempted Impossible Crime 1. The nature of the offense
Evil intent not Same 2. The elements constituting the felony, as well as
accomplished 3. The manner of committing the same
The evil intent is possible of The evil intent of the offender
accomplishment cannot be accomplished Elements constituting the felony
What prevented Inherently impossible of Theft
accomplishment is the accomplishment or because ➢ Actual taking with intent to gain of personal property, belonging
intervention of certain of the means employed by the to another, without the latter’s consent, is sufficient to constitute
cause or accident in which offender is inadequate or consummated theft
the offender had no part ineffectual

➢ It is not necessary that the offender carries away or appropriates o Slander
the property taken o False testimony
Estafa o Sale of marijuana and other prohibited drugs
➢ Abuse of confidence and
➢ Damage to the offended party must concure 2. Crimes consummated by mere attempt or proposal or by overt
act
● Ex.
o Flight to enemy’s country
o Corruption of minors
THERE IS NO CRIME OF FRUSTRATED THEFT o Treason
➢ The Court has held that unlawful taking is deemed complete
from the moment the offender gains possession of the thing, 3. Felony by omission
even if he has no opportunity to dispose of the same ● No attempted stage
➢ Without unlawful taking as an act of execution, the offense o Because the offender does not execute acts
could only be attempted theft, if at all ● Ex.
➢ In robbery by the use of force upon things, since the offender o Killing a child through starvation
must enter the building to commit the crime, he must be able to
carry out of the building the thing taken to consummate the 4. Crimes requiring the intervention of 2 persons to commit them
crime are consummated by mere agreement
o With violence against or intimidation of persons, ● Ex.
consummated the offender gets hold of the thing taken o Betting in sport contests
and/or is in a position to dispose of it freely o Corruption of public officer
● The offer made by one of the parties to the other constitutes
attempted felony, if the offer is rejected (US v. Basa)
Manner of committing the crime ● General rule: no frustrated bribery
1. Formal crimes o Exception: the public officer returned the money given
● Consummated in one instant by the defendant (People v. Diego Quin)
● No attempt
o Because between the thought and the deed there is no 5. Material crimes
chain of acts that can be severed in any link ● There are 3 stages of execution
● Ex. a. Consummated rape

● Entry of the labia or lips of the female organ without rupture of
the hymen or laceration of the vagina is generally held sufficient 19. Qualified Theft
to warrant conviction of the accused for consummated crime of Theft is qualified if:
rape (People v. Hernandez) 1. Committed by a domestic servant;
b. Frustrated rape 2. Committed with grave abuse of confidence;
● There is NO crime of frustrated rape 3. The property stolen is a motor vehicle, mail matter, or large
cattle;
c. Attempted rape
4. The property stolen consists of coconuts taken from the
● Accused succeeded in stripping the victim but when he went premises of a plantation;
towards the CD player, the woman found an opportunity to 5. The property stolen is fish taken from a fishpond or fishery;
escape (Tibong v. People) or
d. Consummated homicide 6. If property is taken on the occasion of fire, earthquake,
● Accused shot victim. While they were grappling for the gun, his typhoon, volcanic eruption, or any other calamity, vehicular
co-accused stabbed victim to death accident, or civil disturbance.
o Guilty of homicide.
o The fact that he did not inflict the mortal wound is of no Other forms of theft punished:
moment, since the existence of conspiracy was 1. Illegal fishing (PD 704)
satisfactorily shown by the evidence (People v. Sazon) 2. Timber Smuggling and Illegal Logging (PD 330)
e. Frustrated murder 3. Unauthorized salvage of vessels and cargoes (PD 890)
4. Unauthorized Installations of public utility connections (PD
● The assault upon the surviving victim constituted frustrated
401)
murder, her relatively quick recovery being the result of prompt
medical attention (People v. Mision) 20. Rape
f. Attempted homicide Elements under paragraph 1
● The wounds inflicted did not affect vital organs. They were not 1. Offender is a man;
mortal (People v. Ramolete) 2. Offender had carnal knowledge of a woman;
There is no attempted or frustrated impossible crime 3. Such act is accomplished under any of the following
➢ In impossible crime, the person intending to commit an offense circumstances:
has already performs the acts for the execution of the same a. By using force or intimidation;
o Therefore, there could be no attempted impossible crime b. When the woman is deprived of reason or otherwise
➢ No frustrated impossible crime unconscious;
Because the acts performed by the offender are considered as c. By means of fraudulent machination or grave abuse
constituting a consummated offense. of authority; or

d. When the woman is under 12 years of age or Rape is committed when a man has carnal knowledge of a woman
demented. under the following circumstances:
(1) Where intimidation or violence is employed with a view to have
Elements under paragraph 2 carnal knowledge of a woman;
1. Offender commits an act of sexual assault; (2) Where the victim is deprived of reason or otherwise unconscious;
2. The act of sexual assault is committed by any of the following (3) Where the rape was made possible because of fraudulent
means: machination or abuse of authority; or
a. By inserting his penis into another person's mouth or (4) Where the victim is under 12 years of age, or demented, even though
anal orifice; or no intimidation nor violence is employed.
b. By inserting any instrument or object into the genital
or anal orifice of another person; Sexual assault is committed under the following circumstances:
3. The act of sexual assault is accomplished under any of the (1) Where the penis is inserted into the anal or oral orifice; or
following circumstances: (2) Where an instrument or object is inserted into the genital or oral
a. By using force or intimidation; or orifice.
b. When the woman is deprived of reason or otherwise
unconscious; or If the crime of rape / sexual assault is committed with the following
c. By means of fraudulent machination or grave abuse circumstances, the following penalties are imposed:
of authority; or (1) Reclusion perpetua to death/ prision mayor to reclusion
d. When the woman is under 12 years of age or temporal --
demented. (a) Where rape is perpetrated by the accused with a
deadly weapon; or
(b) Where it is committed by two or more persons.
Classification of rape (2) Reclusion perpetua to death/ reclusion temporal --
(1) Traditional concept under Article 335 – carnal knowledge with a (a) Where the victim of the rape has become insane; or
woman against her will. The offended party is always a woman and the (b) Where the rape is attempted but a killing was
offender is always a man. committed by the offender on the occasion or by reason
of the rape.
(2) Sexual assault - committed with an instrument or an object or use (3) Death / reclusion perpetua - Where homicide is committed
of the penis with penetration of mouth or anal orifice. The offended by reason or on occasion of a consummated rape.
party or the offender can either be man or woman, that is, if a woman (4) Death/reclusion temporal -- (a) Where the victim is under 18
or a man uses an instrument on anal orifice of male, she or he can be years of age and the offender is her ascendant, stepfather ,
liable for rape. guardian, or relative by affinity or consanguinity within the 3rd
civil degree, or the common law husband of the victim’s

mother; or (b) Where the victim was under the custody of the Incestuous rape was coined in Supreme Court decisions. It refers to rape
police or military authorities, or other law enforcement agency; committed by an ascendant of the offended woman. In such cases, the
(c)Where the rape is committed in full view of the victim’s force and intimidation need not be of such nature as would be required
husband, the parents, any of the children or relatives by in rape cases had the accused been a stranger. Conversely, the Supreme
consanguinity within the 3rd civil degree; (d) Where the victim Court expected that if the offender is not known to woman, it is
is a religious, that is, a member of a legitimate religious necessary that there be evidence of affirmative resistance put up by the
vocation and the offender knows the victim as such before or at offended woman. Mere “no, no” is not enough if the offender is a
the time of the commission of the offense; (e) Where the victim stranger, although if the rape is incestuous, this is enough.
is a child under 7 yrs of age; (f) Where the offender is a member
of the AFP, its paramilitary arm, the PNP, or any law Note that it has been held that in the crime of rape, conviction does not
enforcement agency and the offender took advantage of his require medico-legal finding of any penetration on the part of the
position; (g) Where the offender is afflicted with AIDS or other woman. A medico-legal certificate is not necessary or indispensable to
sexually transmissible diseases, and he is aware thereof when convict the accused of the crime of rape.
he committed the rape, and the disease was transmitted; (h)
Where the victim has suffered permanent physical mutilation; It has also been held that although the offended woman who is the
(i) Where the pregnancy of the offended party is known to the victim of the rape failed to adduce evidence regarding the damages to
rapist at the time of the rape; or (j) Where the rapist is aware of her by reason of the rape, the court may take judicial notice that there
the victim’s mental disability, emotional disturbance or is such damage in crimes against chastity. The standard amount given
physical handicap. now is P 30,000.00, with or without evidence of any moral damage. But
there are some cases where the court awarded only P 20,000.00.
Since rape is not a private crime anymore, it can be prosecuted even if An accused may be convicted of rape on the sole testimony of the
the woman does not file a complaint. offended woman. It does not require that testimony be corroborated
before a conviction may stand. This is particularly true if the
Under Article 266-C, the offended woman may pardon the offender commission of the rape is such that the narration of the offended woman
through a subsequent valid marriage, the effect of which would be the would lead to no other conclusion except that the rape was committed.
extinction of the offender’s liability. Similarly, the legal husband may
be pardoned by forgiveness of the wife provided that the marriage is 21. Conspiracy
not void ab initio. Obviously, under the new law, the husband may be Conspiracy:
liable for rape if his wife does not want to have sex with him. It is ➢ Conspiracy is when two or more persons come to an agreement
enough that there is indication of any amount of resistance as to make concerning the commission of a felony and decide to commit it.
it rape. ➢ It is also a manner of incurring criminal liability.

➢ To be a party to a conspiracy, one must have the intention to that conspiracy must be established by positive and conclusive
participate in the transaction with a view to the furtherance of evidence.
the common design and purpose
➢ Silence does not make one a conspirator. ➢ Degree of proof necessary
o Proof beyond reasonable doubt
Conspiracy transcends companionship.
When there is no conspiracy, each of the offenders is liable only for
Proof of conspiracy. the act performed by him.
➢ The interlocking extrajudicial confessions of several accused ➢ In the crime of homicide, immediate participation in the
and the testimony of one of the accused who is discharged and criminal design entertained by the slayer is essential to the
made a witness against his co-accused who did not make any responsibility of one who is alleged to have taken a direct part
confession. in the killing, but who has not himself inflicted an injury
➢ Two or more extrajudicial confessions given separately, materially contributing to the death
untainted by collusion.
Participation in criminal resolution essential.
Formal agreement or previous acquaintance among several ➢ It is not enough that a person participated in the assault made
persons is not necessary in a conspiracy. by another.
➢ It is sufficient that their minds meet, understanding, so as to ➢ It is not possible without previous knowledge of the criminal
bring about an intelligent and deliberate agreement to commit purpose.
the offense charged.
➢ A conspiracy is manifested by their acts where it is shown there ➢ "In the absence of a previous plan or agreement to commit a
is a common intent or desire. crime the criminal responsibility arising from different acts
➢ Conspiracy need not be proven by direct evidence. directed against one and the same person is individual and not
Example: collective, and each of the participants is liable only for the acts
When it is shown that all the accused were already committed by himself."
armed when they met, and that they went together in a
jeep to the place where they robbed the house of the ➢ If there was no unity of purpose and intention immediately
offended party and raped his maids, their conspiracy is before the commission of the crime. Hence, their criminal
implied. responsibility is individual.
➢ But while conspiracy may be implied from the circumstances Conspiracy is implied when the accused had a common purpose
attending the commission of the crime, it is nevertheless a rule and were united in its execution

➢ Not necessary that each of them should perform a positive act
Conspiracy is presumed when the crime is committed by a band. ➢ In a murder which the offenders previously agreed to commit,
➢ Where the accused was a member of a band not only the one who inflicts the fatal wound is considered a
➢ BUT the accused, who was with the band, fled from the scene principal, but also the one who holds down the victim.
of the fight and did not take part therein, he is not criminally
liable. One serving as guard pursuant to the conspiracy is a principal by
direct participation.
➢ Where the robbery was committed by a band, all the members ➢ GR: one who stands guard outside the house for the purpose of
of the band are presumed to be conspirators or co-principals also keeping others away, or of warning his fellow-conspirators of
in the assaults committed by the band danger of discovery, while the latter are murdering the
o unless he who claims to be a non-conspirator proves that he occupant, takes a direct part
attempted to prevent the assault. ➢ Exception: mere passive presence at the scene of another's
crime does not constitute complicity:
o No knowledge that the person will be killed
Conspiracy may cover persons previously undetermined o No evidence of conspiracy
➢ The accused are liable for all the natural and inherent
consequences of such plan, it appearing that there was a general When the second requisite is lacking, there is only conspiracy.
plan to kill anyone ➢ Thus, if four of the accused merely attended the conferences and
entered no opposition to the nefarious scheme,
A person in conspiracy with others, who had desisted before the o Merely assenting out of respect and fear, and after
crime was committed by the others, is not criminally liable. the commission of the murders.
➢ Conspirator who, as soon as the aggression was started by his o They joined with the other accused in celebrating
co-conspirators, ran away and called for help of other persons. with a fiesta, by way of custom
o They were neither co-principals nor accomplices.
Second requisite — (Principals by direct participation)
➢ Carried out their plan and personally took part in its execution
The principals by direct participation must be at the scene of the
crime, personally taking part in its execution. 22. Death or Physical Injuries Under Exceptional Circumstances
➢ Not a principal by direct participation because he was absent Elements
from the scene 1. A legally married person, or a parent, surprises his spouse or his
➢ EXCEPTION: he already performed his part and the killing daughter, the latter under 18 years of age and living with him, in the act
was done by his co-conspirators in pursuance of the acts of each of committing sexual intercourse with another person;
offender must directly tend to the same end.

2. He or she kills any or both of them, or inflicts upon any or both of (2) Murder or homicide – depending on how the killing was done
them any serious physical injury in the act or immediately thereafter; insofar as the paramour or the mistress is concerned;
3. He has not promoted or facilitated the prostitution of his wife or (3) Homicide – through simple negligence, if a third party is killed;
daughter, or that he or she has not consented to the infidelity of the (4) Physical injuries – through reckless imprudence, if a third party is
other spouse. injured.
Two stages contemplated before the article will apply: If death results or the physical injuries are serious, there is criminal
(1) When the offender surprised the other spouse with a paramour or liability although the penalty is only destierro. The banishment is
mistress. The attack must take place while the sexual intercourse is intended more for the protection of the offender rather than a penalty.
going on. If the surprise was before or after the intercourse, no matter If the crime committed is less serious physical injuries or slight physical
how immediate it may be, Article 247 does not apply. The offender in injuries, there is no criminal liability.
this situation only gets the benefit of a mitigating circumstance, that is,
sufficient provocation immediately preceding the act.
(2) When the offender kills or inflicts serious physical injury upon the The phrase “living with them” is understood to be in their own
other spouse and/or paramour while in the act of intercourse, or dwelling, because of the embarrassment and humiliation done not only
immediately thereafter, that is, after surprising. to the parent but also to the parental abode.
If it was done in a motel, the article does not apply.

As long as the act is continuous, the article still applies.
23. Privileged Mitigating Circumstances
Classes of mitigating circumstances.
Article 247 does not provide that the victim is to be killed instantly by 1. Ordinary mitigating — l to 10 of Article 13.
the accused after surprising his spouse in the act of intercourse. What ➢ Those mentioned in subsection 1 of Art. 13 are ordinary
is required is that the killing is the proximate result of the outrage mitigating circumstances, if Art. 69, for instance, is not
overwhelming the accused upon the discovery of the infidelity of his applicable.
spouse. The killing should have been actually motivated by the same 2. Privileged mitigating —
blind impulse. a. Art. 68. Penalty to be imposed upon a person under eighteen
years of age.
A person who acts under Article 247 is not committing a crime. b. Art. 69. Penalty to be imposed when the crime committed is
Since this is merely an exempting circumstance, the accused must not wholly excusable.
first be charged with: c. Art. 64. Rules for the application of penalties which contain
(1) Parricide – if the spouse is killed; three periods

Privileged mitigating circumstances applicable only to particular 3. He falsifies a document by committing any of the following
crimes. acts:
1. Voluntary release of the person illegally detained within 3 a. Counterfeiting or imitating any handwriting,
days without the offender attaining his purpose and before the signature or rubric;
institution of criminal action. (Art. 268, par. 3) The penalty is b. Causing it to appear that persons have participated in
one degree lower. any act or proceeding when they did not in fact so
2. Abandonment without justification of the spouse who participate;
committed adultery. (Art. 333, par. 3) The penalty is one degree c. Attributing to persons who have participated in an act
lower. or proceeding statements other than those in fact made
by them;
Distinction. d. Making untruthful statements in a narration of facts;
ORDINARY MITIGATING PRIVILEGED e. Altering true dates;
f. Making any alteration or intercalation in a genuine
MITIGATING
document which changes its meaning;
is susceptible of being offset by cannot be offset g. Issuing in an authenticated form a document
purporting to be a copy of an original document when
any aggravating circumstance
no such original exists, or including in such a copy a
statement contrary to, or different from, that of the
effect of applying the penalty effect of imposing upon the genuine original; or
provided by law for the crime in offender the penalty lower by h. Intercalating any instrument or note relative to the
its minimum period one or two degrees than that issuance thereof in a protocol, registry, or official book.
provided by law for the crime.
In case the offender is an ecclesiastical minister who shall commit any
of the offenses enumerated, with respect to any record or document of
NOTE* Mitigating circumstances only reduce the penalty, but do such character that its falsification may affect the civil status of persons.
not change the nature of the crime. For example, a customer in a hotel did not write his name on the registry
book, which was intended to be a memorial of those who got in and out
24. Falsification of Public Documents of that hotel. There is no complete document to speak of. The document
Article 171. Falsification by Public Officer, Employee or Notary or may not extinguish or create rights but it can be an evidence of the facts
Ecclesiastical Minister stated therein.
Elements
1. Offender is a public officer, employee, or notary public; .
2. He takes advantage of his official position;

There are four kinds of documents: 2. Falsification was committed in any private document;
(1) Public document in the of which, a person in authority or 3. Falsification causes damage to a third party or at least the
notary public has taken part; falsification was committed with intent to cause such damage.
(2) Official document in the execution of which a public official
takes part; Elements under the last paragraph In introducing in a judicial
(3) Commercial document or any document recognized by the proceeding –
Code of Commerce or any commercial law; and 1. Offender knew that the document was falsified by another
(4) Private document in the execution of which only private person;
individuals take part. 2. The false document is in Articles 171 or 172 (1 or 2);
3. He introduced said document in evidence in any judicial
Public document is broader than the term official document. proceeding.
Article 172. Falsification by Private Individual and Use of Falsified In use in any other transaction –
Documents 1. Offender knew that a document was falsified by another
Acts punished person;
1. Falsification of public, official or commercial document by a 2. The false document is embraced in Articles 171 or 172
private individual; (1 or 2);
2. Falsification of private document by any person; 3. He used such document;
3. Use of falsified document. 4. The use caused damage to another or at least used with intent
to cause damage.
Elements under paragraph 1
1. Offender is a private individual or public officer or employee 25. Bigamy
who did not take advantage of his official position; Elements
. He committed any act of falsification; 1. Offender has been legally married;
3. The falsification was committed in a public, official, or 2. The marriage has not been legally dissolved or, in case his or
commercial document or letter of exchange. her spouse is absent, the absent spouse could not yet be
presumed dead according to the Civil Code;
Elements under paragraph 2 3. He contracts a second or subsequent marriage;
1. Offender committed any of the acts of falsification except 4. The second or subsequent marriage has all the essential
Article 171(7), that is, issuing in an authenticated form a requisites for validity.
document purporting to be a copy of an original document when
no such original exists, or including in such a copy a statement The crime of bigamy does not fall within the category of private crimes
contrary to, or different from, that of the genuine original; that can be prosecuted only at the instance of the offended party. The

offense is committed not only against the first and second wife but also Elements
against the state. 1. Offender is a public officer within the scope of Article 203;
2. Offender accepts an offer or a promise or receives a gift or
Good faith is a defense in bigamy. present by himself or through another;
3. Such offer or promise be accepted, or gift or present received
Failure to exercise due diligence to ascertain the whereabouts of the by the public officer –
first wife is bigamy through reckless imprudence. a. With a view to committing some crime; or
b. In consideration of the execution of an act which does
The second marriage must have all the essential requisites for validity not constitute a crime, but the act must be unjust; or
were it not for the existence of the first marriage. c. To refrain from doing something which it is his
official duty to do.
A judicial declaration of the nullity of a marriage, that is, that the 4. THE ACT WHICH OFFENDER AGREES TO PERFORM
marriage was void ab initio, is now required. OR WHICH HE EXECUTES BE CONNECTED WITH THE
PERFORMANCE OF HIS OFFICIAL DUTIES.
One who, although not yet married before, knowingly consents to be
married to one who is already married is guilty of bigamy knowing that It is a common notion that when you talk of bribery, you refer to the
the latter’s marriage is still valid and subsisting. one corrupting the public officer. Invariably, the act refers to the giver,
but this is wrong. Bribery refers to the act of the receiver and the act of
the giver is corruption of public official.
For bigamy to be committed, the second marriage must have all the
attributes of a valid marriage.
In direct bribery, consider whether the official act, which the public
26. Direct Bribery officer agreed to do, is a crime or not.
Acts punished
1. Agreeing to perform, or performing, in consideration of any offer,
promise, gift or present – an act constituting a crime, in connection with If the public officer commits the act which constitutes the crime, he, as
the performance of his official duties; well as the corruptor shall be liable also for that other crime.
2. Accepting a gift in consideration of the execution of an act which
does not constitute a crime, in connection with the performance of his
official duty; 27. Physical Injuries
3. Agreeing to refrain, or by refraining, from doing something which it Article 263. Serious Physical Injuries
is his official duty to do, in consideration of gift or promise. How committed
1. By wounding;

2. By beating; Classification of physical injuries:
3. By assaulting; or (1) Between slight physical injuries and less serious physical injuries,
4. By administering injurious substance. you have a duration of one to nine days if slight physical injuries; or 10
days to 20 days if less serious physical injuries. Consider the duration
In one case, the accused, while conversing with the offended party, of healing and treatment.
drew the latter’s bolo from its scabbard. The offended party caught hold The significant part here is between slight physical injuries and less
of the edge of the blade of his bolo and wounded himself. It was held serious physical injuries. You will consider not only the healing
that since the accused did not wound, beat or assault the offended party, duration of the injury but also the medical attendance required to treat
he can not be guilty of serious physical injuries. the injury. So the healing duration may be one to nine days, but if the
medical treatment continues beyond nine days, the physical injuries
Serious physical injuries would already qualify as less serious physical injuries. The medical
1. When the injured person becomes insane, imbecile, impotent treatment may have lasted for nine days, but if the offended party is still
or blind in consequence of the physical injuries inflicted; incapacitated for labor beyond nine days, the physical injuries are
2. When the injured person – already considered less serious physical injuries.
a. Loses the use of speech or the power to hear or to
smell, or loses an eye, a hand, afoot, an arm, or a leg; (2) Between less serious physical injuries and serious
b. Loses the use of any such member; or physical injuries, you do not consider the period of medical treatment.
c. Becomes incapacitated for the work in which he was
theretofore habitually engaged, in consequence of the You only consider the period when the offended party is rendered
physical injuries inflicted; incapacitated for labor.
3. When the person injured –
a. Becomes deformed; or If the offended party is incapacitated to work for less than 30 days, even
b. Loses any other member of his body; though the treatment continued beyond 30 days, the physical injuries
c. Loses the use thereof; or are only considered less serious because for purposes of classifying the
d. Becomes ill or incapacitated for the performance of physical injuries as serious, you do not consider the period of medical
the work in which he was habitually engaged for more treatment. You only consider the period of incapacity from work.
than 90 days in consequence of the physical injuries
inflicted; (3) When the injury created a deformity upon the offended party, you
4. When the injured person becomes ill or incapacitated for disregard the healing duration or the period of medical treatment
labor for more than 30 days (but must not be more than 90 days), involved. At once, it is considered serious physical injuries.
as a result of the physical injuries inflicted. So even though the deformity may not have incapacitated the offended
party from work, or even though the medical treatment did not go

beyond nine days, that deformity will bring about the crime of serious
physical injuries. Article 265 is an exception to Article 48 in relation to complex crimes
as the latter only takes place in cases where the Revised Penal Code has
Deformity requires the concurrence of the following conditions: no specific provision penalizing the same with a definite, specific
(1) The injury must produce ugliness; penalty. Hence, there is no complex crime of slander by deed with less
(2) It must be visible; serious physical injuries but only less serious physical injuries if the act
(3) The ugliness will not disappear through natural healing process. which was committed produced the less serious physical injuries with
the manifest intent to insult or offend the offended party, or under
circumstances adding ignominy to the offense.
Article 265. Less Serious Physical Injuries
Matters to be noted in this crime Article 266. Slight Physical Injuries and Maltreatment
1. Offended party is incapacitated for labor for 10 days or more (but not Acts punished
more than 30 days), or needs medical attendance for the same period of 1. Physical injuries incapacitated the offended party for labor
time; from one to nine days, or required medical attendance during
2. The physical injuries must not be those described in the preceding the same period;
articles. 2. PHYSICAL INJURIES WHICH DID NOT PREVENT THE
OFFENDED PARTY FROM ENGAGING IN HIS
Qualified as to penalty HABITUAL WORK OR WHICH DID NOT REQUIRE
1. A fine not exceeding P 500.00, in addition to arresto mayor, MEDICAL ATTENDANCE;
shall be imposed for less serious physical injuries when – 3. Ill-treatment of another by deed without causing any injury.
a. There is a manifest intent to insult or offend the
injured person; or This involves even ill-treatment where there is no sign of injury
b. There are circumstances adding ignominy to the requiring medical treatment.
offense.
2. A higher penalty is imposed when the victim is either – Slapping the offended party is a form of ill-treatment which is a form
a. The offender’s parents, ascendants, guardians, of slight physical injuries.
curators or teachers; or
b. Persons of rank or person in authority, provided the But if the slapping is done to cast dishonor upon the person slapped, the
crime is not direct assault. crime is slander by deed. If the slapping was done without the intention
If the physical injuries do not incapacitate the offended party nor of casting dishonor, or to humiliate or embarrass the offended party out
necessitate medical attendance, slight physical injuries is committed. of a quarrel or anger, the crime is still ill- treatment or slight physical
But if the physical injuries heal after 30 days, serious physical injuries injuries.
is committed under Article 263, paragraph 4.

Malice in fact becomes necessary only if the malice in law has been
28. Libel rebutted. Otherwise, there is no need to adduce evidence of malice in
Article 353. Definition of Libel fact. So, while malice in law does not require evidence, malice in fact
A libel is a public and malicious imputation of a crime, or of a vice or requires evidence.
defect, real or imaginary, or any act, omission, condition, status, or
circumstances tending to cause the dishonor, discredit, or contempt of Malice in law can be negated by evidence that, in fact, the alleged
a natural or juridical person, or to blacken the memory of one who is libelous or defamatory utterance was made with good motives and
dead. justifiable ends or by the fact that the utterance was privileged in
character.
Elements:
1. There must be an imputation of a crime, or of a vice or defect, real In law, however, the privileged character of a defamatory statement
or imaginary, or any act, omission, condition, status, or circumstance; may be absolute or qualified.
2. The imputation must be made publicly;
3. It must be malicious; When the privileged character is said to be absolute, the statement will
4. The imputation must be directed at a natural or juridical person, or not be actionable whether criminal or civil because that means the law
one who is dead; does not allow prosecution on an action based thereon.
5. The imputation must tend to cause the dishonor, discredit or
contempt of the person defamed.
When a libel is addressed to several persons, unless they are identified
Distinction between malice in fact and malice in law in the same libel, even if there are several persons offended by the
Malice in fact is the malice which the law presumes from every libelous utterance or statement, there will only be one count of libel.
statement whose tenor is defamatory. It does not need proof. The mere
fact that the utterance or statement is defamatory negates a legal If the offended parties in the libel were distinctly identified, even
presumption of malice. though the libel was committed at one and the same time, there will be
as many libels as there are persons dishonored.
In the crime of libel, which includes oral defamation, there is no need
for the prosecution to present evidence of malice. It is enough that the
alleged defamatory or libelous statement be presented to the court The crime is libel is the defamation is in writing or printed media.
verbatim. It is the court which will prove whether it is defamatory or
not. If the tenor of the utterance or statement is defamatory, the legal The crime is slander or oral defamation if it is not printed.
presumption of malice arises even without proof.
Requisites of defense in defamation
1. If it appears that the matter charged as libelous is true;

2. It was published with good motives; Article 267. Kidnapping and Serious Illegal Detention
3. It was for justifiable ends. Elements
1. Offender is a private individual;
If a crime is a private crime, it cannot be prosecuted de officio. A 2. He kidnaps or detains another, or in any other manner
complaint from the offended party is necessary. deprives the latter of his liberty;
3. The act of detention or kidnapping must be illegal;
Article 355. Libel by Means of Writings or Similar Means 4. In the commission of the offense, any of the following
A libel may be committed by means of – circumstances is present:
1. Writing; a. The kidnapping lasts for more than 3 days;
2. Printing; B. IT IS COMMITTED
3. Lithography; c. Any serious physical injuries are inflicted upon the
4. Engraving; person kidnapped or detained or threats to kill him are
5. Radio; made; or
6. Photograph; d. The person kidnapped or detained is a minor, female,
7. Painting; or a public officer.
8. Theatrical exhibition;
9. Cinematographic exhibition; or Forcible abduction -- If a woman is transported from one place to
10. Any similar means. another by virtue of restraining her of her liberty, and that act is coupled
with lewd designs.
29. Rebellion
Article 134. Rebellion or Insurrection Serious illegal detention – If a woman is transported just to restrain
Elements her of her liberty. There is no lewd design or lewd intent.
1. There is a public uprising and taking arms against the government;
2. The purpose of the uprising or movement is – Grave coercion – If a woman is carried away just to break her will, to
a. to remove from the allegiance to the government or its laws compel her to agree to the demand or request by the offender.
Philippine territory or any part thereof, or any body of land,
naval, or other armed forces; or
b. to deprive the Chief Executive or Congress, wholly or Circumstances which make illegal detention serious
partially, of any of their powers or prerogatives. (1) When the illegal detention lasted for three days, regardless of who
the offended party is;
(2) When the offended party is a female, even if the detention lasted
only for minutes;
30. Kidnapping & Serious Illegal Detention

(3) If the offended party is a minor or a public officer, no matter how
long or how short the detention is; This amendment brings about a composite crime of kidnapping with
(4) When threats to kill are made or serious physical injuries have been homicide when it is the victim of the kidnapping who was killed, or
inflicted; and dies as a consequence of the detention and, thus, only one penalty is
(5) If it shall have been committed simulating public authority. imposed which is death.
Distinction between illegal detention and arbitrary detention Article 48, on complex crimes, does not govern in this case. But Article
Illegal detention is committed by a private person who kidnaps, detains, 48 will govern if any other person is killed aside, because the provision
or otherwise deprives another of his liberty. specifically refers to “victim”. Accordingly, the rulings in cases of
People v. Parulan, People v. Ging Sam, and other similar cases where
Arbitrary detention is committed by a public officer who detains a the accused were convicted for the complex crimes of kidnapping with
person without legal grounds. murder have become academic.
The penalty for kidnapping is higher than for forcible abduction. This In the composite crime of kidnapping with homicide, the term
is wrong because if the offender knew about this, he would perform “homicide” is used in the generic sense and, thus, covers all forms of
lascivious acts upon the woman and be charged only for forcible killing whether in the nature of murder or otherwise. It does not matter
abduction instead of kidnapping or illegal detention. He thereby whether the purpose of the kidnapping was to kill the victim or not, as
benefits from this absurdity, which arose when Congress amended long as the victim was killed, or died as a consequence of the
Article 267, increasing the penalty thereof, without amending Article kidnapping or detention. There is no more separate crime of kidnapping
342 on forcible abduction. and murder if the victim was kidnapped not for the purpose of killing
her.
Article 267 has been modified by Republic Act No. 7659 in the
following respects: If the victim was raped, this brings about the composite crime of
(1) Illegal detention becomes serious when it shall have lasted for more kidnapping with rape. Being a composite crime, not a complex crime,
than three days, instead of five days as originally provided; the same is regarded as a single indivisible offense as in fact the law
(2) In paragraph 4, if the person kidnapped or detained was a minor and punishes such acts with only a single penalty.
the offender was anyone of the parents, the latter has been expressly
excluded from the provision. The liability of the parent is provided for
in the last paragraph of Article 271; 31. Grave Coercion
(3) A paragraph was added to Article 267, which states: When the Article 286. Grave Coercions
victim is killed or dies as a consequence of the detention or is raped, or Acts punished
is subjected to torture, or dehumanizing acts, the maximum penalty 1. Preventing another, by means of violence, threats or intimidation,
shall be imposed. from doing something not prohibited by law;

2. Compelling another, by means of violence, threats or intimidation, • Arson committed to sow and create a condition of widespread
to do something against his will, whether it be right or wrong. and extraordinary fear and panic among the populace, in order
to coerce the government to give in to an unlawful demand is
Elements terrorism
1. A person prevented another from doing something not prohibited by
law, or that he compelled him to do something against his will; be it 2. Stages of the crime –
right or wrong;
Attempted arson
2. The prevention or compulsion be effected by violence, threats or
intimidation; and • Person had poured gasoline under the house and was about to
3. The person that restrained the will and liberty of another had not the strike the match to set the house on fire when he was
authority of law or the right to do so, or in other words, that the restraint apprehended, guilty of attempted arson
shall not be made under authority of law or in the exercise of any lawful • Carrying gasoline to the place
right. o Preparatory to arson
Grave coercion arises only if the act which the offender prevented Consummated arson
another to do is not prohibited by law or ordinance. If the act prohibited • Setting fire to the contents of a building
was illegal, he is not liable for grave coercion. o Notwithstanding that the fire is extinguished before it
actually consumes any part of the building
If a person prohibits another to do an act because the act is a crime, o Consummated even though the house was only
even though some sort of violence or intimidation is employed, it would partially burned
not give rise to grave coercion. It may only give rise to threat or physical
injuries, if some injuries are inflicted. However, in case of grave
SECTION 1.
coercion where the offended party is being compelled to do something
against his will, whether it be wrong or not, the crime of grave coercion A. ARSON
is committed if violence or intimidation is employed in order to compel • Elements: (1) Offender burns or sets fire to the property of
him to do the act. No person shall take the law into his own hands. another; and (2) that the burning is committed with malice
32. Destructive Arson 2. Unqualified burning

• In the absence of a circumstance that will qualify burning to
Amending the Law on Arson destructive arson, burning of property is arson under Section 1
• Enormity of the offense measured by the human lives exposed
to destruction SECOND ELEMENT
o Heinous crime
• Malicious intent is an essential element
o Grave anti-social character

• In the absence of malicious intent, accused may be held liable • If accused committed arson as defined under Section 1, but the
for arson through reckless imprudence under the Revised property burned is any of those mentioned in Section 2, the
Penal Code crime committed is destructive arson
• Presumption that on intends the natural consequences of his • Burning of a building, whether used as a dwelling or not,
act situated in a populated or congested area, is constitutive of the
• Prosecution is not bound to produce further evidence of his crime of destructive arson
wrongful intent
SECTION 3.
B. Burning His Own Property • If the accused committed arson as defined under Section 1 of
• Elements: (1) Offender sets fire to his own property, (2) the PD No. 1613 but the property burned is any of those
burning of his own property is under circumstances which mentioned in Section 3 thereof, other case of arson is
expose to danger the life or property of another committed
FIRST ELEMENT 1. PD No. 1613

• What is required to constitute arson is not actual violation of People v. Omotoy
right, or interest but mere exposure of the life or property of • Circumstance that the property burned is located in an urban,
another to danger because of burning congested or populated area merely qualifies the offense and
converts it into destructive arson
• The prosecution having established beyond reasonable doubt
2. Burning his own property as a means to commit arson that the appellant had deliberately set fire to the house
occupied and inhabited by the complainant’s family, although
• PD No. 1613 has expressly amended or repealed Art 325 of
not situated in an urban center, the appellant’s conviction is
the Code
proper under said provision
3. Burning his own property to collect from insurance

2. The Revised Penal Code
• If property burned for said purpose is a building, arsonist may
• Under Art 320(1) of the RPC, the inhabited house or dwelling
also be prosecuted for destructive arson
must be described in the information as “building or edifices”
• In case of ambiguity in construction of penal laws, it is well-
SECTION 2. settle that such laws shall be strictly construed against the
government and literally in favor of the accused

• Nature of Destructive Arson is distinguished from Simple 1. Off-set rule
Arson by the degree of perversity or viciousness of the • Not subject to off-set rule
criminal offender • Presence of ordinary mitigating circumstance will not
neutralize the special aggravating circumstance
B. OTHER FORMS OF ARSON
• Art 321 of the Revised Penal Code was repealed or amended 2. Failure to allege in the information
by PD No. 1613 • Aggravating circumstance, qualifying or ordinary (or special)
• Offenders who committed an act previously punishable under should be alleged in the information
Article 321 of the RPC can be prosecuted either under PD No.
1613 or under Article 320 of the RPC
3. Motivated by spite or hatred
• In people v. Demecillo, there was an ongoing dispute
1. Arson under PD No. 1613 involving the appellants and Fuentes family, regarding the
• Crimes defined and punished in Art 321 are also included in boundaries of land. The rift between the two parties became
said decree more manifest when the appellants stoned the Fuentes house.
2. Arson under the Revised Penal Code The appellants apologized and offered to repair the house.
• New rule: Offender who burned a building to collect under However, while the appellants were repairing the house, they
insurance claim should be held liable under Article 320 said that they will burn the house at the next opportunity. The
thereof. Under paragraph 5 of Article 320 of the code as antipathy was all the more intensified when the brother of
amended by RA No. 7659, burning a building to collect from appellant was mauled by a PC soldier upon complaint of a
insurance is destructive arson relative of complainant. Appellants burned Fuentes house.
They were convicted of arson under Section 3 of PD No. 1613
since the property burned is inhabited. Special aggravating
circumstance of spite or hatred was appreciated
SECTION 4.
• The rules in said Code for Graduating by degrees or
SECTION 5.
determining the proper period should be applied
• Neither aggravating nor mitigating circumstances to consider • In the classification of crimes committed by fire involving the
o Medium period killing of the victim, attention must be given to the intention of
the author. Main objective of the offender determines the kind
• Ordinary aggravating or special aggravating attended the
of crime committed.
commission
o Maximum period
1. Intent to burn

• If the main objective is the burning of the building, the crime of rape if sexual intercourse was effected, is acts of
resulting homicide may be absorbed by the crime of arson lasciviousness under this article. This means that the offended party is
either –
SECTION 7. (1) under 12 years of age; or
(2) being over 12 years of age, the lascivious acts were committed on
• Conspiracy should be understood on two levels. Conspiracy him or her through violence or intimidation, or while the offender party
may be a crime by itself or when the law defines it as a crime was deprived of reason, or otherwise unconscious.
with an imposable penalty for it is merely a mode of incurring
criminal liability Article 339. Acts of Lasciviousness with the Consent of the
• The act of one is the act of all the conspirators, and a Offended Party:
conspirator may be held as a principal even if he did not Under this article, the victim is limited only to a woman. The
participate in the actual commission of every act constituting circumstances under which the lascivious acts were committed must
the offense be that of qualified seduction or simple seduction, that is, the offender
took advantage of his position of ascendancy over the offender woman
33. Acts of Lasciviousness either because he is person in authority, a domestic, a househelp, a
Article 336. Acts of Lasciviousness priest, a teacher or guardian, or there was deceitful promise of marriage
Elements which never would really be fulfilled.
1. Offender commits any act of lasciviousness or lewdness;
2. It is done under any of the following circumstances: Always remember that there can be no frustration of acts of
a. By using force or intimidation; lasciviousness, rape or adultery because no matter how far the offender
b. When the offended party is deprived or reason of otherwise may have gone towards the realization of his purpose, if his
unconscious; or participation amounts to performing all the acts of execution, the felony
c. When the offended party is another person of either sex. is necessarily produced as a consequence thereof.
Note that there are two kinds of acts of lasciviousness under the Intent to rape is not a necessary element of the crime of acts of
Revised Penal Code: lasciviousness. Otherwise, there would be no crime of attempted rape.
(1) under Article 336, and
(2) under Article 339. 34. Death Penalty Law
Article 336. Acts of Lasciviousness Penalty Duration Accessory (If Prescription Prescription
Under this article, the offended party may be a man or a woman. The not expressed of Offense of Penalty
crime committed, when the act performed with lewd design was in pardon) (Art. 90)
perpetrated under circumstances which would have brought about the

Death Now changed 1. Perpetual 20 years 20 years
reclusion perpetua absolute
Capital DQ
punishment Death penalty NOT 2. Civil
(GRAVE imposed when: interdiction 35. Exemption from Criminal Liability
Felony) for 30
1. When the guilty years Article 332. Persons Exempt from Criminal Liability
person is below 18 years Crimes involved in the exemption
of age at the time of the
commission of the 1. Theft;
crime. 2. Estafa; and
3. Malicious mischief.
2. When the guilty
person is more than 70 Persons exempted from criminal liability
years of age.
1. Spouse, ascendants and descendants, or relatives by affinity in the
3. When upon appeal or same line;
automatic review of the 2. Widowed spouse with respect to the property which belonged to the
case by the Supreme deceased spouse before the same passed into the possession of another
Court, the vote of eight 3. Brothers and sisters and brothers-in-law and sisters- in-law, if living
members is not obtained
for the imposition of the together.
death penalty.
Only the relatives enumerated incur no liability if the crime relates to
• Suspend death theft (not robbery), swindling, and malicious mischief. Third parties
penalty when who participate are not exempt. The relationship between the spouses
woman is pregnant,
within one year
is not limited to legally married couples; the provision applies to live-
from deliver, in partners.
person over 70
years, becomes Estafa should not be complexed with any other crime in order for
insane. (RTC can exemption to operate.
order suspension)
• NO death penalty
when person more 36. Coup D’etat
than 70, 8 vote Article 134-A. Coup d' etat
requirement of SC Elements
not reach, under 18 1. Offender is a person or persons belonging to the military or police or
years.
holding any public office or employment;

2. It is committed by means of a swift attack accompanied by violence, constitutes a crime of adultery. Adultery is not a continuing crime
intimidation, threat, strategy or stealth; unlike concubinage.
3. The attack is directed against the duly constituted authorities of the
Republic of the Philippines, or any military camp or installation, 38. Concubinage
communication networks, public utilities or other facilities needed for Article 334. Concubinage
the exercise and continued possession of power; Acts punished
4. The purpose of the attack is to seize or diminish state power. 1. Keeping a mistress in the conjugal dwelling;
2. Having sexual intercourse, under scandalous circumstances;
37. Adultery 3. Cohabiting with her in any other place.
Article 333. Who Are Guilty of Adultery
Elements
1. The woman is married; Elements
2. She has sexual intercourse witha man not her husband; 1. The man is married;
3. As regards the man with whom she has sexual intercourse, he must 2. He is either –
know her to be married. a. Keeping a mistress in the conjugal dwelling;
b. Having sexual intercourse under scandalous
Adultery is a crime not only of the married woman but also of the man circumstances with a woman who is not his wife; or
who had intercourse with a married woman knowing her to be married. c. Cohabiting with a woman who is not his wife in any
Even if the man proves later on that he does not know the woman to be other place;
married, at the beginning, he must still be included in the complaint or 3. As regards the woman, she knows that the man is married.
information. This is so because whether he knows the woman to be
married or not is a matter of defense and its up to him to ventilate that With respect to concubinage the same principle applies: only the
in formal investigations or a formal trial. offended spouse can bring the prosecution. This is a crime committed
by the married man, the husband. Similarly, it includes the woman who
There is no frustrated adultery because of the nature of the offense. had a relationship with the married man.
For adultery to exist, there must be a marriage although it be It has been asked why the penalty for adultery is higher than
subsequently annulled. There is no adultery, if the marriage is void concubinage when both crimes are infidelities to the marital vows. The
from the beginning. reason given for this is that when the wife commits adultery, there is a
probability that she will bring a stranger into the family. If the husband
Adultery is an instantaneous crime which is consummated and commits concubinage, this probability does not arise because the
completed at the moment of the carnal union. Each sexual intercourse mother of the child will always carry the child with her. So even if the
husband brings with him the child, it is clearly known that the child is

a stranger. Not in the case of a married woman who may bring a child o Between and
to the family under the guise of a legitimate child. This is the reason o Connecting the Islands of the Archipelago
why in the former crime the penalty is higher than the latter. • Regardless of their
▪ Breadth
Unlike adultery, concubinage is a continuing crime. ▪ Dimensions
39. Territoriality Exceptions to the territorial application of criminal law

Principle of Territoriality Shall be enforced outside of the jurisdiction against those who:
As a rule, penal laws are enforceable only within its territory. (Art. 2, RPC)
1. Should commit an offense while on a PH ship or airship
Extent of Philippine territory for purposes of criminal law 2. Should forge or counterfeit any coin or currency note of the
➢ Within the PH archipelago, including its (Art. 2) Philippine Islands or obligations and securities issued by the
o Atmosphere, Government of the Philippine Islands
o Interior Waters 3. Should be liable for acts connected with the introduction into these
o Maritime Zone islands of the obligations and securities mentioned in the presiding
number
Accdg. To the Constitution: 4. While being public officers or employees, should commit an offense
➢ PH archipelago in the exercise of their functions; or
o Including all the islands and waters embraced 5. Should commit any of the crimes against national security and the
therein law of nations, defined in Title One of Book Two of this Code
➢ Or territories which PH has sovereignty or jurisdiction
➢ Consisting of its 40. Motive
o Terrestrial Intent distinguished from motive
o Fluvial and Intent Motive
o Aerial Domains The purpose to use a The moving power which
➢ Including particular means to effect impels one to action for a
o Territorial Sea such result definite result
o Seabed Not an essential element of a
o Subsoil crime, and hence, need not be
o Insular Shelves proved for purposes of
o Other Submarine Areas conviction
➢ Waters
o Around

➢ In mercy killing, the painless killing of a patient who has no o Such deeds or words may indicate the motive
chance of recovery, the motive may be good, but it is
nevertheless punished by law Motive proved by the evidence
Motive, when relevant and when need not be established Disclosure of the motive is an aid in completing the proof of the
1. Identity of accused commission of the crime
o Motive is essential only when there is doubt as to the
identity of the assailant (People v. Gadiana) But proof of motive alone is not sufficient to support a conviction
o Where the identification of the accused proceeds from ➢ The existence of a motive, though perhaps an important
an unreliable source and the testimony is inconclusive consideration, is not sufficient proof of guilt (People v. Marcos)
and not free from doubt, evidence of motive is necessary ➢ Even a strong motive to commit the crime cannot take the place
(People v. Beltran) of proof beyond reasonable doubt, sufficient to overthrow the
2. Antagonistic theories presumption of innocence (People v. Pisalvo)
o Motive is important in ascertaining the truth between 2
antagonistic theories or versions of the killing (People Lack of motive may be an aid in showing the innocence of the
accused
v. Lim)
➢ Lack of motive to kill the deceased has been held as further
3. No eyewitnesses
basis for acquitting the accused, where the lone testimony of the
o Where there ae no eyewitnesses to the crime, and where
prosecution witness is contrary to common experience, and,
suspicion is likely to fall upon a number of persons,
therefore, incredible (People v. Padirayon)
motive is relevant and significant (People v. Melgar)
4. Circumstantial evidence or sufficient evidence
o If the evidence is merely circumstantial, proof of motive 41. Falsification of Private Document
is essential (People v. Oquino)
o Proof of motive is not indispensable where guilt is PLEASE REFER TO NUMBER 24
otherwise established by sufficient evidence (People v.
Corpuz)
How motive is proved

➢ Generally, by the testimony of witnesses on the acts or
statements of the accused before or immediately after the
commission of the offense (Barrioquinto v. Fernandez)

42. Evasion thru negligence

Article 224. Evasion through Negligence
Elements
1. Offender is a public officer;
2. He is charged with the conveyance or custody of a prisoner or
prisoner by final judgment;
3. Such prisoner escapes through negligence.
43. Slander
Article 358. Slander
Slander is oral defamation.
There are two kinds of oral defamation:
(1) Simple slander; and
(2) Grave slander, when it is of a serious and insulting nature.
Article 359. Slander by Deed

Elements
1. Offender performs any act not included in any other crime against
honor;
2. Such act is performed in the presence of other person or persons;
3. Such act casts dishonor, discredit or contempt upon the offended
party.

Slander by deed refers to performance of an act, not use of words. Dwelling – This is the place that a person inhabits. It includes the
Two kinds of slander by deed dependencies which have interior communication with the house. It is
1. Simple slander by deed; and not necessary that it be the permanent dwelling of the person. So, a
2. Grave slander by deed, that is, which is of a serious nature. person’s room in a hotel may be considered a dwelling. It also includes
a room where one resides as a boarder.
Whether a certain slanderous act constitutes slander by deed of a
serious nature or not, depends on the social standing of the offended If the purpose in entering the dwelling is not shown, trespass is
party, the circumstances under which the act was committed, the committed. If the purpose is shown, it may be absorbed in the crime as
occasion, etc. in robbery with force upon things, the trespass yielding to the more
serious crime. But if the purpose is not shown and while inside the
44. Qualified Trespass to Dwelling dwelling he was found by the occupants, one of whom was injured by
Article 280. Qualified Trespass to Dwelling him, the crime committed will be trespass to dwelling and frustrated
Elements homicide, physical injuries, or if there was no injury, unjust vexation.
1. Offender is a private person;
2. He enters the dwelling of another; If the entry is made by a way not intended for entry, that is presumed
3. Such entrance is against the latter’s will. to be against the will of the occupant (example, entry through a
window). It is not necessary that there be a breaking.
Two forms of trespass
1. Qualified trespass to dwelling – “Against the will” -- This means that the entrance is, either expressly
This may be committed by any private person who shall enter the or impliedly, prohibited or the prohibition is presumed. Fraudulent
dwelling of another against the latter’s will. The house must be entrance may constitute trespass. The prohibition to enter may be made
inhabited at the time of the trespass although the occupants are out. Or at any time and not necessarily at the time of the entrance.
offender breaks in with force and violence (Article 280).
Cases when Article 280 does not apply:
(1) When the purpose of the entrance is to prevent serious harm to
2. Trespass to property - Offender enters the closed premises or fenced himself, the occupant or third persons;
estate of another; such close premises or fenced estate is uninhabited; (2) When the purpose of the offender in entering is to render some
there is a manifest prohibition against entering such closed premises or service to humanity or justice;
fenced estate; and offender has not secured the permission of the owner (3) Anyone who shall enter cafes, taverns, inns and other public houses
or caretaker thereof (Article 281). while they are open.
(See also Presidential Decree No. 1227 regarding unlawful entry into
any military base in the Philippines.)

45. Robbery 6. When in the course of its execution, the offender shall have inflicted
Article 293. Who Are Guilty of Robbery upon any person not responsible for the commission of the robbery any
Robbery – This is the taking or personal property belonging to another, of the physical injuries in consequence of which the person injured
with intent to gain, by means of violence against, or intimidation of any becomes deformed or loses any other member of his body or loses the
person, or using force upon anything. sue thereof or becomes ill
or incapacitated for the performance of the work in which he is
Elements of robbery in general habitually engaged for more than 90 days or the person injured becomes
1. There is personal property belonging to another; ill or incapacitated for labor for more than 30 days;
2. There is unlawful taking of that property; 7. If the violence employed by the offender does not cause any of the
3. The taking must be with intent to gain; and serious physical injuries defined in Article 263, or if the offender
4. There is violence against or intimidation of any person, or force upon employs intimidation only.
anything.
Violence or intimidation upon persons may result in death or mutilation
Article 294. Robbery with Violence against or Intimidation of or rape or serious physical injuries.
Persons
Acts punished If death results or even accompanies a robbery, the crime will be
1. When by reason or on occasion of the robbery (taking of personal robbery with homicide provided that the robbery is consummated.
property belonging to another with intent to gain), the crime of This is a crime against property, and therefore, you contend not with
homicide is committed; the killing but with the robbery.
2. When the robbery is accompanied by rape or intentional mutilation
or arson; As long as there is only one (1) robbery, regardless of the persons killed,
3. When by reason of on occasion of such robbery, any of the physical the crime will only be one (1) count of robbery with homicide. The fact
injuries resulting in insanity, imbecility, impotency or blindness is that there are multiple killings committed in the course of the robbery
inflicted; will be considered only as aggravating so as to call for the imposition
4. When by reason or on occasion of robbery, any of the physical of the maximum penalty prescribed by law.
injuries resulting in the loss of the use of speech or the power to hear or
to smell, or the loss of an eye, a hand, a foot, an arm, oral e.g. or the If, on the occasion or by reason of the robbery, somebody is killed, and
loss of the use of any such member or incapacity for the work in which there are also physical injuries inflicted by reason or on the occasion of
the injured person is theretofore habitually engaged is inflicted; the robbery, don’t think that those who sustained physical injuries may
5. If the violence or intimidation employed in the commission of the separately prosecute the offender for physical injuries. Those physical
robbery is carried to a degree unnecessary for the commission of the injuries are only considered aggravating circumstances in the crime of
crime; robbery with homicide.

This is not a complex crime as understood under Article 48, but a single
indivisible crime. This is a special complex crime because the specific Although it is a crime against property and treachery is an aggravating
penalty is provided in the law. circumstance that applies only to crimes against persons, if the killing
in a robbery is committed with treachery, the treachery will be
In Napolis v. CA, it was held that when violence or intimidation and considered a generic aggravating circumstance because of the
force upon things are both present in the robbery, the crime is complex homicide.
under Article 48.
In robbery with violence of intimidation, the taking is complete when When two or more persons are killed during the robbery, such should
the offender has already the possession of the thing even if he has no be appreciated as an aggravating circumstance.
opportunity to dispose of it. As long as there is only one robbery, regardless of the persons killed,
you only have one crime of robbery with homicide. Note, however, that
In robbery with force upon things, the things must be brought outside “one robbery” does not mean there is only one taking.
the building for consummated robbery to be committed.
In People v. Quinõ nes, 183 SCRA 747, it was held that there is no crime
On robbery with homicide of robbery with multiple homicides. The charge should be for robbery
The term “homicide” is used in the generic sense, and the complex with homicide only because the number of persons killed is immaterial
crime therein contemplated comprehends not only robbery with and does not increase the penalty prescribed in Article 294. All the
homicide in its restricted sense, but also with robbery with murder. So, killings are merged in the composite integrated whole that is robbery
any kind of killing by reason of or on the occasion of a robbery will with homicide so long as the killings were by reason or on occasion of
bring about the crime of robbery with homicide even if the person killed the robbery.
is less than three days old, or even if the person killed is the mother or
father of the killer, or even if on such robbery the person killed was In another case, a band of robbers entered a compound, which is
done by treachery or any of the qualifying circumstances. In short, there actually a sugar mill. Within the compound, there were quarters of the
is no crime of robbery with parricide, robbery with murder, robbery laborers. They robbed each of the quarters. The Supreme Court held
with infanticide – any and all forms of killing is referred to as homicide. that there was only one count of robbery because when they decided
and determined to rob the compound, they were only impelled by one
Illustration: criminal intent to rob.
The robbers enter the house. In entering through the window, one of the
robbers stepped on a child less than three days old. The crime is not With more reason, therefore, if in a robbery, the offender took away
robbery with infanticide because there is no such crime. The word property belonging to different owners, as long as the taking was done
homicide as used in defining robbery with homicide is used in the at one time, and in one place, impelled by the same criminal intent to
generic sense. It refers to any kind of death. gain, there would only be one count of robbery.

The intention must be to commit robbery and even if the rape is
In robbery with homicide as a single indivisible offense, it is immaterial committed before the robbery, robbery with rape is committed. But if
who gets killed. Even though the killing may have resulted from the accused tried to rape the offended party and because of resistance,
negligence, you will still designate the crime as robbery with homicide. he failed to consummate the act, and then he snatched the vanity case
from her hands when she ran away, twocrimes are committed:
attempted rape and theft.
On robbery with rape
This is another form of violence or intimidation upon person. The rape There is no complex crime under Article 48 because a single act is not
accompanies the robbery. In this case where rape and not homicide is committed and attempted rape is not a means necessary to commit theft
committed, there is only a crime of robbery with rape if both the and vice-versa.
robbery and the rape are consummated. If during the robbery, attempted
rape were committed, the crimes would be separate, that is, one for The Revised Penal Code does not differentiate whether rape was
robbery and one for the attempted rape. committed before, during or after the robbery. It is enough that the
robbery accompanied the rape. Robbery must not be a mere accident or
The rape committed on the occasion of the robbery is not considered a afterthought.
private crime because the crime is robbery, which is a crime against
property. So, even though the robber may have married the woman In People v. Flores, 195 SCRA 295, although the offenders plan was to
raped, the crime remains robbery with rape. The rape is not erased. This get the victim’s money, rape her and kill her, but in the actual execution
is because the crime is against property which is a single indivisible of the crime, the thoughts of depriving the victim of her valuables was
offense. relegated to the background and the offender’s prurient desires
surfaced. They persisted in satisfying their lust. They would have
If the woman, who was raped on the occasion of the robbery, pardoned forgotten about their intent to rob if not for the accidental touching of
the rapist who is one of the robbers, that would not erase the crime of the victim’s ring and wristwatch. The taking of the victim’s valuables
rape. The offender would still be prosecuted for the crime of robbery turned out to be an afterthought. It was held that two distinct crimes
with rape, as long as the rape is consummated. were committed: rape with homicide and theft.
If the rape is attempted, since it will be a separate charge and the In People v. Dinola, 183 SCRA 493, it was held that if the original
offended woman pardoned the offender, that would bring about a bar criminal design of the accused was to commit rape and after committing
to the prosecution of the attempted rape. If the offender married the the rape, the accused committed robbery because the opportunity
offended woman, that would extinguish the criminall liability because presented itself, two distinct crimes – rape and robbery were committed
the rape is the subject of a separate prosecution. – not robbery with rape. In the latter, the criminal intent to gain must
precede the intent to rape.

On robbery with physical injuries If it was inflicted when the thieves/robbers are already dividing the
To be considered as such, the physical injuries must always be serious. spoils, it cannot be considered as inflicted in the course of execution of
If the physical injuries are only less serious or slight, they are absorbed the robbery and hence, it will not give rise to the crime of robbery with
in the robbery. The crime becomes merely robbery. But if the less serious physical injuries. You only have one count of robbery and
serious physical injuries were committed after the robbery was already another count for the serious physical injuries inflicted.
consummated, there would be a separate charge for the less serious
physical injuries. It will only be absorbed in the robbery if it was If, during or on the occasion or by reason of the robbery, a killing, rape
inflicted in the course of the execution of the robbery. The same is true or serious physical injuries took place, there will only be one crime of
in the case of slight physical injuries. robbery with homicide because all of these – killing, rape, serious
physical injuries -- are contemplated by law as the violence or
intimidation which characterizes the taking as on of robbery. You
Illustration: charge the offenders of robbery with homicide. The rape or physical
After the robbers fled from the place where the robbery was committed, injuries will only be appreciated as aggravating circumstance and is not
they decided to divide the spoils and in the course of the division of the the subject of a separate prosecution. They will only call for the
spoils or the loot, they quarreled. They shot it out and one of the robbers imposition of the penalty in the maximum period.
was killed. The crime is still robbery with homicide even though one of
the robbers was the one killed by one of them. If they quarreled and If on the occasion of the robbery with homicide, robbery with force
serious physical injuries rendered one of the robbers impotent, blind in upon things was also committed, you will not have only one robbery
both eyes, or got insane, or he lost the use of any of his senses, lost the but you will have a complex crime of robbery with homicide and
use of any part of his body, the crime will still be robbery with serious robbery with force upon things (see Napolis v. CA). This is because
physical injuries. robbery with violence or intimidation upon persons is a separate crime
from robbery with force upon things.
If the robbers quarreled over the loot and one of the robbers hacked the
other robber causing a deformity in his face, the crime will only be Robbery with homicide, robbery with intentional mutilation and
robbery and a separate charge for the serious physical injuries because robbery with rape are not qualified by band or uninhabited place. These
when it is a deformity that is caused, the law requires that the deformity aggravating circumstances only qualify robbery with physical injuries
must have been inflicted upon one who is not a participant in the under subdivision 2, 3, and 4 of Article 299.
robbery. Moreover, the physical injuries which gave rise to the
deformity or which incapacitated the offended party from labor for When it is robbery with homicide, the band or uninhabited place is only
more than 30 days, must have been inflicted in the course of the a generic aggravating circumstance. It will not qualify the crime to a
execution of the robbery or while the robbery was taking place. higher degree of penalty.

In People v. Salvilla, it was held that if in a robbery with serious
physical injuries, the offenders herded the women and children into an Article 295. Robbery with Physical Injuries, Committed in An
office and detained them to compel the offended party to come out with Uninhabited Place and by A Band
the money, the crime of serious illegal detention was a necessary means Robbery with violence against or intimidation of person qualified
to facilitate the robbery; thus, the complex crimes of robbery with is qualified if it is committed
serious physical injuries and serious illegal detention. 1. In an uninhabited place;
2. By a band;
But if the victims were detained because of the timely arrival of the 3. By attacking a moving train, street car, motor vehicle, or airship;
police, such that the offenders had no choice but to detain the victims 4. By entering the passengers’ compartments in a train, or in any
as hostages in exchange for their safe passage, the detention is absorbed manner taking the passengers thereof by surprise in the respective
by the crime of robbery and is nota separate crime. This was the ruling conveyances; or
in People v. Astor. 5. On a street, road, highway or alley, and the intimidation is made with
the use of firearms, the offender shall be punished by the maximum
On robbery with arson periods of the proper penalties prescribed in Article 294.
Another innovation of Republic Act No. 7659 is the composite crime
of robbery with arson if arson is committed by reason of or on occasion Article 296 defines a robbery by a band as follows: when at least
of the robbery. The composite crime would only be committed if the four armed malefactors take part in the commission of a robbery.
primordial intent of the offender is to commit robber and there is no Requisites for liability for the acts of the other members of the band
killing, rape, or intentional mutilation committed by the offender during 1. He was a member of the band;
the robbery. Otherwise, the crime would be robbery with homicide, or 2. He was present at the commission of a robbery by that band;
robbery with rape, or robbery with intentional mutilation, in that order, 3. The other members of the band committed an assault;
and the arson would only be an aggravating circumstance. It is essential 4. He did not attempt to prevent the assault.
that robbery precedes the arson, as in the case of rape and intentional
mutilation, because the amendment included arson among the rape and Article 298. Execution of Deeds by Means of Violence or
intentional mutilation which have accompanied the robbery. intimidation
Elements
Moreover, it should be noted that arson has been made a component 1. Offender has intent to defraud another;
only of robbery with violence against or intimidation of persons in said 2. Offender compels him to sign, execute, or deliver any public
Article 294, but not of robbery by the use of force upon things in instrument or document.
Articles 299 and 302. 3. The compulsion is by means of violence or intimidation.
So, if the robbery was by the use of force upon things and therewith Article 299. Robbery in An Inhabited House or Public Building or
arson was committed, two distinct crimes are committed. Edifice Devoted to Worship

Elements under subdivision (a) 1. By mere entering alone, a robbery will be committed if any personal
1. Offender entered an inhabited house, public building property is taken from within;
2. The entrance was effected by any of the following means: 2. The entering will not give rise to robbery even if something is taken
a. Through an opening not intended for entrance or egress; inside. It is the breaking of the receptacle or closet or cabinet where the
b. By breaking any wall, roof or floor, or breaking any door or personal property is kept that will give rise to robbery, or the taking of
window; a sealed, locked receptacle to be broken outside the premises.
c. By using false keys, picklocks or similar tools; or
d. By using any fictitious name or pretending the exercise of If by the mere entering, that would already qualify the taking of any
public authority. personal property inside as robbery, it is immaterial whether the
3. Once inside the building, offender took personal property belonging offender stays inside the premises. The breaking of things inside the
to another with intent to gain. premises will only be important to consider if the entering by itself will
Elements under subdivision (b): not characterize the crime as robbery with force upon things.
1. Offender is inside a dwelling house, public building, or edifice Modes of entering that would give rise to the crime of robbery with
devoted to religious worship, regardless of the circumstances under force upon things if something is taken inside the premises: entering
which he entered it; into an opening not intended for entrance or egress, under Article 299
2. Offender takes personal property belonging to another, with intent to (a).
gain, under any of the following circumstances:
a. By the breaking of doors, wardrobes, chests, or any other kind Illustration:
of locked or sealed furniture or receptacle; or The entry was made through a fire escape. The fire escape was intended
b. By taking such furniture or objects away to be broken or for egress. The entry will not characterize the taking as one of robbery
forced open outside the place of the robbery. because it is an opening intended for egress, although it may not be
intended for entrance. If the entering were done through the window,
"Force upon things" has a technical meaning in law. Not any kind of even if the window was not broken, that would characterize the taking
force upon things will characterize the taking as one of robbery. The of personal property inside as robbery because the window is not an
force upon things contemplated requires some element of trespass into opening intended for entrance.
the establishment where the robbery was committed. In other words,
the offender must have entered the premises where the robbery was Illustration:
committed. If no entry was effected, even though force may have been On a sari-sari store, a vehicle bumped the wall. The wall collapsed.
employed actually in the taking of the property from within the There was a small opening there. At night, a man entered through that
premises, the crime will only be theft. opening without breaking the same. The crime will already be robbery
if he takes property from within because that is not an opening intended
Two predicates that will give rise to the crime as robbery: for the purpose.

Even of there is a breaking of wall, roof, floor or window, but the
offender did not enter, it would not give rise to robbery with force upon Use of picklocks or false keys refers to the entering into the premises –
things. If the picklock or false key was used not to enter the premises because
the offender had already entered but was used to unlock an interior door
Breaking of the door under Article299 (b) – Originally, the or even a receptacle where the valuable or personal belonging was
interpretation was that in order that there be a breaking of the door in taken, the use of false key or picklock will not give rise to the robbery
contemplation of law, there must be some damage to the door. with force upon things because these are considered by law as only a
means to gain entrance, and not to extract personal belongings from the
Before, if the door was not damaged but only the lock attached to the place where it is being kept.
door was broken, the taking from within is only theft. But the ruling is
now abandoned because the door is considered useless without the lock. The law classifies robbery with force upon things as those committed
Even if it is not the door that was broken but only the lock, the breaking in:
of the lock renders the door useless and it is therefore tantamount to the (1) an inhabited place;
breaking of the door. Hence, the taking inside is considered robbery (2) public buildings;
with force upon things. (3) a place devoted to religious worship.
If the entering does not characterize the taking inside as one of robbery The law also considers robbery committed not in an inhabited house or
with force upon things, it is the conduct inside that would give rise to in a private building.
the robbery if there would be a breaking of sealed, locked or closed
receptacles or cabinet in order to get the personal belongings from Note that the manner of committing the robbery with force upon things
within such receptacles, cabinet or place where it is kept. is not the same.
If in the course of committing the robbery within the premises some When the robbery is committed in a house which is inhabited, or in a
interior doors are broken, the taking from inside the room where the public building or in a place devoted to religious worship, the use of
door leads to will only give rise to theft. The breaking of doors fictitious name or pretension to possess authority in order to gain
contemplated in the law refers to the main door of the house and not the entrance will characterize the taking inside as robbery with force upon
interior door. things.
But if it is the door of a cabinet that is broken and the valuable inside Article 302. Robbery in An Uninhabited Place or in A Private
the cabinet was taken, the breaking of the cabinet door would Building
characterize the taking as robbery. Although that particular door is not Elements
included as part of the house, the cabinet keeps the contents thereof
safe.

1. Offender entered an uninhabited place or a building which was not a Principal related to accessories exempt from criminal liability.
dwelling house, not a public building, or not an edifice devoted to (1) spouse, or
religious worship; (2) ascendant, or
2. Any of the following circumstances was present: (3) descendant, or
a. The entrance was effected through an opening not intended (4) legitimate, natural or adopted brother, sister or relative by affinity
for entrance or egress; within the same degree.
b. A wall, roof, floor, or outside door or window was broken;
c. The entrance was effected through the use of false keys, ➢ Even if only two of the principals guilty of murder are the
picklocks or other similar tools; brothers of the accessory and the others are not related to him,
d. A door, wardrobe, chest, or any sealed or closed furniture or such accessory is exempt from criminal liability.
receptacle was broken; or
e. A closed or sealed receptacle was removed, even if the same Nephew or niece not included among such relatives.
be broken open elsewhere. ➢ The relationship of uncle and nephew is not included in Art. 20
3. Offender took therefrom personal property belonging to another with Relationship by affinity between surviving spouse and blood
intent to gain. relatives of the deceased spouse survives even after the death of the
deceased spouse
Under Article 303, if the robbery under Article 299 and 302 consists in
the taking of cereals, fruits, or firewood, the penalty imposable is lower. Accessory is not exempt from criminal liability even if the principal
is related to him, if such accessory (1) profited by the effects of the
46. Accessories Exempt from Criminal Liability crime, or (2) assisted the offender to profit by the effects of the
Article 20. Accessories who are exempt from criminal liability. crime.
The penalties prescribed for accessories shall not be imposed ➢ The mother is an accessory for although she had no part in
upon those who are such with respect to their spouses, stealing the earrings, she took steps to obtain gain and profit
ascendants, descendants, legitimate, natural, and adopted from the effects of the crime. The relationship does not exempt
brothers and sisters, or relatives by affinity within the same her from liability
degrees, with the single exception of accessories falling within
the provisions of paragraph 1 of the next preceding article. Does the concealing of the effects of the crime, not to prevent its
discovery, but to obtain gain, fall under paragraph 2 of Art. 19?
➢ No. Liable as accessory if it was due to detestable greed.
Ground for exemption. ○ i.e. hides the effects of the murder (watch etc) so that he
➢ Ties of blood can sell it later.

Liability of a public officer when related to the principal. whether the killing was
EXEMPT. purposely sought or was
merely an afterthought,
➢ Such a public officer does not incur any criminal liability. the kidnapping and
➢ Ties of blood or relationship constitutes a more powerful murder or homicide can
incentive than the call of duty. no longer be complexed
under Art. 48, nor be
treated as separate
crimes, but shall be
punished as a special
complex crime under the
last paragraph of Art.
267, as amended by
R.A. No. 7659
Types Notes
First: When a single act Requisites: Single purpose theory of
constitutes two or more People v. Lawas
47. Penalty of Complex Crimes Reclusion grave or less grave 1. That only a single act • has no legal
Rules for Complex Crime felonies. (Compound is performed by the basis for article
Penalty Imposed penalty for the graver When two felonies Crime) offender. 48 speaks of a
offense shall be imposed constituting a complex single act.
in its maximum period crime are punishable by 2. That the single act Theory is
imprisonment and fine, produces: a. two or more acceptable
respectively, only the grave felonies, b. one or when it is not
penalty of imprisonment more grave and one or certain who
should be imposed. more less grave felonies, among several
c. two or more less grave accused killed
Complex Crime Charged felonies or injured each
only by one Information of the several
but can be convicted of victims.
one crime when the other
was not proven If it is possible that 2
victims were killed by
Special Complex Crime one missile- complex
of Kidnapping with crime (People v.
Murder or Homicide. Bersamin)
Where the person • applicable only
kidnapped is killed in when there is
the course of the no evidence as
detention, regardless of to how many

wounds the Stab judge Yes (Direct Press Yes (2017, single act of Yes
victims got with a assault trigger reyes) firing a shot,
knife & with less once on the same
Second: When an offense Requisites The phrase "necessary incapacita serious PI) machine No (old bullet
is a necessary means for means" does not mean te gun and version causing the
committing the other. 1. That at least two "indispensable means." killing reyes, death of two
(Complex Crime Proper) offenses are committed. several People v. persons
Desierto)
2. That one or some of When No. But Theft of No. If purpose of No.
the offenses must be trespass to AC firearm concealing
necessary to commit the dwelling and illegal the
other. is a direct possession commission
means to of the other
3. That both or all the commit a
offenses must be grave
punished under the offense.
same statute. Illegal No. it is a
Crime Was it Crime Was it Crime Was it possession special
Complex? Complex? comple of firearm aggravatin
x? and g
Firing No Putting Yes Conspiracy Yes homicide circumstan
revolver bomb on for a single (See ce
twice Plane purpose but people Rules on Malversation Offender No. Offender Yes.
against 2 different acts v. and Falsification had funds separate had to falsify
diff sanidad in his crimes of public or
persons G.R. possession falsificatio official
No. and uses n and document to
146099 false malversati obtain funds
and documents on to
page to conceal misappropri
673 malversatio ate
Reyes) n
Reckless Yes Throwing Yes Several light No (As Plurality of Crimes
Impruden handgrena felonies in many Nature Formal or Ideal Real or Material
ce de and single act light Liability one criminal liability due separate offenses
resulting wounding felonies to a series of acts because of different acts
to injury several as there Kinds 4. Article 48 different crimes
to 2 diff. others are
persons injuries)

5. Law fixes a
single penalty 30 years then eligible for No definite extent
for 2 offenses pardon
6. Continued
crimes Accessory penalty of: Perpetual Not accessory penalty
absolute disqualification etc.
Special Rules for • Continued Crime: A continued (continuous
continued Crimes or continuing) crime is a single crime,
consisting of a series of acts but all arising
from one criminal resolution
• Eight robberies as component parts of a

general plan to despoil all those within the
vicinity. - single crime BUT if not part of
general plan, but robbed houses even if
placed closely together - separate crimes.
• The series of acts born of a single criminal

impulse may be perpetrated during a long
period of time.
• When two acts are deemed distinct from one

another although proceeding from the same
criminal impulse- separate crimes (i.e. act
against honor and against person)
48. Reclusion Perpetua vs. Life Imprisonment

Reclusion Perpetua Distinguished from Life Imprisonment
RECLUSION PERPETUA LIFE IMPRISONMENT
In RPC Not RPC but Special Laws
49. Civil Liability

Rules on Civil Liability

Preference in the If found guilty of two or more offenses, preference for payment of civil liability shall be
payment of the civil based on dates of final judgments. (NOT date of commission of crime)
liabilities. (Art. 72)
General Rules • GR: Extinction of Criminal not extinguish Civil (death or acquittal)
o E (not liable):
▪ Accused dies before final Judgment or pending appeal (after
arraignment BUT if before arraignment, still liable)
▪ Court declares that action upon which the civil liability is
founded does not exist
o E2E (still liable):
▪ Dies after final judgment
▪ Predicated on a source of obligation other than a delict
▪ Injury to person or property - filed against executor or
administrator of estate
▪ Arises from contract - filed against the estate of accused
▪ There was reservation of civil action
• Allegations of damages in information is not necessary

• Civil liability may be added within the 15-day period even if the convict has
started service sentence (after passage of 15 days, TC cannot add)
• GR: Criminal action instituted, the Civil action also instituted
o E:
▪ Waives
▪ Reserves before prosecution starts evidence + ample opportunity
to make such
▪ Institutes a civil action prior
• No Reservation of Civil action in:
o BP 22 except when Civil action instituted before Crim
o Tax cases
o Sandiganbayan

Instances when not 1. Acquittal based or reasonable doubt - a civil action can be instituted but civil
criminally liable but damages can be awarded in judgment of acquittal
civil liable 2. Acquittal from a cause of non-imputability- imbecile insane etc.
3. Acquittal in criminal action for negligence - can still file for civil damages
4. When court declares only civil liability
5. Independent Civil Actions
Attachment in 1. Accused about to abscond
criminal cases 2. Criminal actin based on claim of property embezzled of fraudulently
misapplied
3. Accused concealed, removed, or disposed of personal property or about to d
so
4. Accused resided outside PH
Independent Civil 1. Art. 32
actions that can 2. Defamation, fraud or physical injuries (even death)
proceed 3. Against member of city or municipal police fore for refusing or failing to
INDEPENDENTLY render aid
of criminal case 4. Quasi-delicts
Article 101 Circumstance Who shall pay?
Imbecile or insane/ minor GR: Having legal authority or
control are primarily liable
E: if prove that no fault or

negligence on such persons then
property of insane/imbecile
NOTE:
Court must fix the civil liability of
person charged with watching
over the insane.
Youthful offenders Father, mother, guardian.
Civil Code:

1. Father, mother, if living in
their company
2. Guardians if have authority
and live in company
Person acting under irresistible 1. Persons using violence or fear
force or uncontrollable fear primarily liable
2. Those doing act secondarily
Justifying Circumstance GR: No liability
E: Art. 11 par. 4 - to the extent
one is benefitted
Art. 102/103
Who are liable? Requisites
1. Innkeeper, 1. Such person or employee
2. tavernkeeper, committed a violation of
3. proprietor of municipal ordinance or some
establishment special police regulation
2. Crime committed in such
3. Criminal is insolvent
4. Such liability is
SUBSIDIARY
NOTE:
• Condo not included
(Vallente, Opinion)
Innkeeper 1. Guests notified in advance the
innkeeper of his representative
of deposit of goods in the inn
2. Guests followed directions wrt
to the care and vigilance over
such goods
3. Goods were taken by robbery
with FORCE upon things or
theft

4. Such liability is
SUBSIDIARY
NOTE:
• No liability if robbery with
violence or intimidation
• Not necessary there is
actual delivery to the inn
keeper
• For hotels, put it in safe
(Vallente)
1. Employer 1. Engaged in any kind of
2. Teacher industry
3. Persons 2. Servant, pupils, workmen,
4. Corporations apprentice commits a felony
while in discharge of duties
3. Person in no, 2 is insolvent
4. Employer Subsidiary liable
5. NOT automatic, only after
criminal conviction of the
employee (binding on
employer)
Notes:
• Industry is a means of
livelihood or for profit
(Clemente v. Foreign)
• Non-profit or charity is not
industry
• Industry is any department
or branch of art or
occupation or business
(Telleria v. Garcia)

• Hospital not engaged in
industry (Clemente v.
Foreign)
• NOT include private
persons without business
• Enforced via subsidiary
writ of execution.
• Applies to Revised motor
vehicle law (Copiaco v.
Luzon)
• No defense of diligence of
good father of family
Prejudicial Question Elements of a Prejudicial Question:

1. PREVIOUSLY Instituted civil action
2. Involves an issue SIMILAR or INTIMATELY RELATED to the issue raised in
criminal
3. resolution is DETERMINATIVE whether the criminal action may proceed
• ONLY when there is CIVIL AND CRIMINAL .

• WHAT IS THE GRAVAMEN of the OFFENSE?
What Civil Liability Restitution Reparation Indemnification

Includes (Art. 104) • Duty bound to return • Pay the value of property • Loss of salary or
property for PI - payment of earning
hospital bills
Includes:
Includes: Includes:

1. Return property with 1. Price of the thing 1. Consequential
allowance of deterioration 2. Sentimental value to damages to injured
2. Restore the thing even if injured party party
found in possession of 3. Repair of the thing 2. CD to family or
third person broken third person
3. Unless law bars such
action NOTES:
NOTES:
NOTES: • Refer to crimes
• Ordered if restitution not against persons
• Limited to crimes against possible • Includes injury
property (except treason, • No evidence of value, no • Consider AC/MC
abduction, usury) reparation
• In case of acquittal, no • Limited to those
payment of salary CAUSED BY and
• Court can order FLOWING from the
reinstatement after crime. (pay repair of
acquittal bike but NOT lost rent
General Rule due to unavailability of
• After final judgment, can bike)
get from 3rd person even if • Payment of insurance
acquired by lawful means company (subrogated)
(no knowledge) and 3rd not relieve offender.
person sues seller.
• If accused is acquitted,
can still be restituted if
proven that it was stolen
Exceptions
• if got it in good faith
AND in public sale (need
to pay price paid to
recover )

• No recovery if innocent
purchaser relying on
torrens title
• No recovery if sale is
authorized (i.e. authorized
to sell but sold at low
price)
Order of Payment of 1. Reparation

Pecuniary 2. Indemnification
Liabilities (Art. 38) 3. Fine
4. Costs of proceedings
Special Rules on Damages

Death of party Liability
caused by crime 1. Indemnity of 75k
2. Loss of earning capacity
3. Support if deceased was obliged to give support under Art. 291 to one not an
heir
4. Moral damage to spouse, legit and illegit desc & asc.
Death Penalty is 1. 100k civil
Imposed even if 2. 100k moral
downgrade by RA 3. 100k exemplary
9346 OR heinous 4. Legal interest 6%
crimes.
Rape 1. 50k Civil
2. 50k Moral
3. 30k Exemplary
Rape with 4. 100k civil
Homicide

Rape by Sexual 1. 30k civil
Assault 2. 30k moral
Who are to be liable
Obligation to make 3. Obligation to restore devolves upon heirs of person liable after final
restoration and judgment (provided left sufficient property)
action to demand - 1. Restoration be made heirs of person injured
to whom devolves
Share of each • Court shall determine based on varying roles and degree of
person civilly liable participation.
Preference in Solidary Liability:
payment • Those within the same class for their quotas
(principals/accessory/accomplice)
• Has right of reimbursement
Subsidiary:
• For other persons not able to pay
• Has right of reimbursement
Order of Enforcement:
• Principals
• Accomplice
• Accessory
Limited obligation
• Participated gratuitously from proceeds
• Limited to amount equivalent to extent of participation
• Not an accessory
• Fortune must be augmented (not included eating)
Extinction of Civil Same manner as with civil law such as:
Liability (Art. 112)
(1) By payment or performance;

(2) By the loss of the thing due; (but if stolen property, still liable even if there is a
fortuitous event)
(3) By the condonation or remission of the debt;
(4) By the confusion or merger of the rights of creditor and debtor;
(5) By compensation;
(6) By novation
(7) annulment
(8) rescission
(9) prescription
(10) resolutory condition
NOTES:
- Not extinguish civil liability (Art.113)
o Service of sentence
o Amnesty
o Pardon
o Commutation
o Probation
50. Penalties
Article 25 (Art. 9) Article 70 Article 71 Graduated Scales (used

by Article 61)
PRINCIPAL PENALTIES & For Successive Service of For Graduating penalties (i.e. by
Accessory Sentence according to severity degrees and periods)
Capital punishment (GRAVE 1. Death SCALE No. 1
Felony) 2. Reclusion perpetua, 1. Death
1. Death 3. Reclusion temporal 2. Reclusion perpetua,
4. Prision mayor. 3. Reclusion temporal
Afflictive penalties (GRAVE 5. Prision correccional 4. Prision mayor.
Felony) 6. Arresto mayor 5. Prision correccional
1. Reclusion perpetua, 7. Arresto menor 6. Arresto mayor

2. Reclusion temporal 8. Destierro 7. Destierro
3. Prision mayor. 9. Perpetual absolute 8. Arresto menor
4. Perpetual or temporary disqualification 9. Public Censure
absolute disqualification 10. Temporary absolute 10. Fine
5. Perpetual or temporary disqualification
special disqualification 11. Suspension from public SCALE No. 2
office, the right to vote,
Correctional penalties (LESS follow profession 1. Perpetual absolute
GRAVE Felony ) 12. Public censure disqualification
1. Prision correccional 2. Temporary absolute
2. Arresto mayor disqualification
3. Suspension 3. Suspension from public
4. Destierro office, the right to vote,
follow profession
Light penalties (LIGHT 4. Public censure
FELONIES) 5. Fine
1. Arresto menor
2. Public censure
Penalties common to the three

preceding classes:
a. Fine
b. Bond to keep the peace.
Accessory Penalties (deemed Penalties that can be served

imposed even if not express in Simultaneously
judgment)
1. Perpetual or temporary 1. Perpetual absolute
absolute disqualification, disqualification
2. Perpetual or temporary 2. Temporary absolute
special disqualification, disqualification
3. Suspension from public 3. Suspension from public
office, the right to vote and office, the right to vote,
be voted for, the follow profession
profession or calling. 4. Public censure
4. Civil interdiction, 5. Fine
5. Indemnification, 6. Bond to keep peace
6. Forfeiture or confiscation 7. Civil Interdiction
of instruments and 8. Confiscation
proceeds of the offense,

7. Payment of costs. 9. Destierro cannot be served
simultaneously with
imprisonment
NOTE: NOTE:
In this column, if it is italicized - All offenses punishable by death
Subsidiary imprisonment can be shall be lowered to reclusion
had perpetua. Therefore, when counting
for lowering via degrees, start from
RP NOT DEATH.
Classification & Rules of Fine

Art. 26 (according to amount) Art. 9 (gravity)
FINE or BOND to KEEP PEACE FINE
1. Afflictive - over 6,000.00 1. Grave Felony - over 6000
2. Correctional - P200.00 to P6.000.00 2. Less Grave Felony - P201 to P6000
3. Light penalty — less than P200.00 (199 OR LESS) 3. Light Felony - NOT exceeding 200 [200 OR
LESS]
Note: a 200 peso fine prescribes in 2 months.

Prescription of Fines as penalty (Art. 93) Prescription of Fines as offense (Art. 90)
Over 6000- 15 years Over 6000 - 15 years
200-6000 - 10 years 201-6000- 10 years
Less than 200 (199 or less) - 1 year 1-200 - 2 months
Imposition of Fines (art. 66)
1. The court can fix any amount of the fine within the limits of law
2. The court must consider
o The MC and AC
o PARTICULARLY the WEALTH of the offender
• Court not bound to divide fine into 3 periods

• Wealth is the main consideration
• Position and standing of accused considered AC in gambling
Increasing or reducing the penalty of fine by one or more degrees. (Art. 75)
1. When it is necessary to increase or decrease by degrees (for accomplice, accessory etc.)

2. Each degree is ¼ of the maximum provided by law
3. Do NOT change the minimum
4. Does not apply when the law does not fix the minimum of the fine.
5. If no minimum is fixed, court cannot divided it by degrees but just impose a fine anywhere
between 0 to maximum
Example:
Min- 200 but Max 2000.
Each degree is 2000/4 = 500
One degree lower is 200 to 1500
One degree higher is 200 to 2500
Rules on Subsidiary Penalty

General Rules • Payment of fine only
• Must be expressed in judgment itself
• RATE: HIGHEST MINIMUM WAGE
RATE in the NCR at the TIME Of
RENDITION of judgment by the trial
court
• If financial circumstances improve, there is
still need to pay the fine
• No subsidiary imprisonment if fine is less than
the highest minimum wage rate in the NCR
• Use the classifications for grave, less grave
and light under Article 9
• INCLUDE penalty for subsidiary
imprisonment (i.e. in counting 6y and 1d
limit)
• If the principal penalty imposed." - Account
for the mitigating and aggravating
circumstance
Penalty Imposed Rule
Higher than prision correctional • No subsidiary imprisonment
Arresto menor, mayor or Prision Correcional AND • Not exceed 1/3 of the term of sentence
fine • Not continue for more than one year

Fine Only • Not exceed 6 months (grave or less grave)
• Not exceed 15 days (light)
Not confinement but fixed duration • Subsidiary penalty consist of same deprivation
Penalty Duration Accessory (If not Prescription Prescription Execution of Penalty

expressed in of Offense of Penalty
pardon) (Art. 90)
Death Now changed reclusion 3. Perpetual 20 years 20 years • Executed with
perpetua absolute DQ preference to any other
Capital 4. Civil • Via lethal injection
punishment Death penalty only interdiction for
(GRAVE imposed when: 30 years Method:
Felony) • Carried out not earlier than
1. When the guilty person one year nor later than 18
is below 18 years of age at months after final judgment
the time of the commission • Executed in a working day
of the crime. before sunset and accused
notified at sunrise and
2. When the guilty person given 8 hours
is more than 70 years of
age. Special Notes:
• Can dispose of properties
3. When upon appeal or inter vivos and mortis
automatic review of the cause (civil interdiction
case by the Supreme Court, attaches only when it is
the vote of eight members commuted)
is not obtained for the • Place of execution in
imposition of the death penitentiary or Bilibid in a
penalty. space closed to the public.
Witnessed by priest,
• Suspend death penalty offender’s lawyer, relatives
when woman is (not exceeding 6 and over
pregnant, within one 18), physician, authorized
year from deliver, personnel of penitentiary
person over 70 years, • Corpse be given to family,
becomes insane. (RTC or to learning and scientific
can order suspension) research. Be given proper

• NO death penalty burial but not be buried
when person more with pomp.
than 70, 8 vote
requirement of SC not
reach, under 18 years.
Reclusion 20 yrs. and 1 day to 40 yrs. 1. Perpetual 20 years 20 years
perpetua (NOW 30 YEARS) absolute DQ
2. Civil
Afflictive Interdiction for
penalties life OR during
(GRAVE sentence
Felony)
Reclusion 12 yrs. and 1 day to 20 yrs. 20 years 15 years

temporal
Afflictive
penalties
(GRAVE
Felony)
Prision 6 yrs. and 1 day to 12 yrs. 1. Temporal 15 years 15 years

mayor and Absolute DQ
temporary 2. Special DQ
disqualificat from suffrage
ion
Afflictive
penalties
(GRAVE
Felony)
Prision 6 mos. and 1 day to 6 yrs. 1. Suspension 10 years 10 years

correccional from public
, office
suspension, 2. Special DQ Destierro
and from suffrage • Bot enter area nor the
Destierro IF duration > radius of such, 25-250
18 months km

Correctional 3. Destierro has • If enter, it is evasion of
penalties NOT accessory service of sentence
(LESS penalty • Imposed for
GRAVE concubinage, 247, fail
Felony) to give bond.
Arresto 1 mo. and 1 day to 6 mos. 1. Suspension 5 years 5 years

mayor from right to
hold office
Correctional 2. Suspension of
penalties right of
(LESS suffrage
GRAVE DURING term
Felony) of sentence
Arresto 1 day to 30 days. 2 months 1 year • Served in municipal jail or

menor house of defendant under
surveillance considering
Light health of offender and other
penalties satisfactory reason.
(LIGHT • Court must provide it in
FELONIES) decision
Bond to Period is discretionary

keep the
peace
Penalty Effect
perpetual or temporary 1. The deprivation of the public offices and employments which the offender may
absolute disqualification have held even if conferred by popular election.
for public office
2. The deprivation of the right to vote in any election for any popular office or to be
elected to such office.
3. The disqualification for the offices or public employments and for the exercise of
any of the rights mentioned. In case of temporary
disqualification,suchdisqualification as is comprised in paragraphs 2 and 3 of this
article shall last during the term of the sentence.

4. The loss of all rights to retirement pay or other pension for any office formerly
held.
perpetual or temporal 1. The deprivation of the office, employment, profession or calling affected;
special disqualification
for public office, 2. The disqualification for holding similar offices or employments either perpetually
profession or calling or during the term of the sentence according to the extent of such disqualification.
The perpetual or 1. right to vote in any popular election for any public office or
temporary special
disqualification for the 2.to be elected to such office.
exercise of the right of
suffrage 3.the offender shall not be permitted to hold any public office during the period of
his disqualification
suspension from public 1. disqualify the offender from holding such office or exercising such profession or
office, profession or calling or right of suffrage
calling, and the exercise
of the right of suffrage 2.suspended from holding public office
3. not hold another office having similar functions

Civil interdiction 1. rights of parental authority, or guardianship, either as to the person or property of
any ward,
2. marital authority, of
3. the right to manage his property and of the right to dispose of such property by
any act or any conveyance inter vivos
Bond to Keep Peace present two sufficient sureties who shall undertake that such person will not
commit the offense
OR
to deposit such amount in the office of the clerk of the court to guarantee
Failure to do either - detained for a period which shall in no case exceed six months,
is he shall have been prosecuted for a grave or less grave felony, and shall not exceed
thirty days, if for a light felony.

Confiscation and 1. Every penalty carries forfeiture of:
Forfeiture (Art. 45) a. Proceeds of crime
b. Instruments or tools used in commission of crime
2. In favor of the government
3. Property of 3rd person NOT liable for offense is NOT subject to confiscation
4. If property not subject of lawful commerce - it be destroyed. Even if it belongs

to a third person
Special Rules on Application Penalty

Coverage Rules
Penalty to be
imposed upon 1. Penalty of Felony Committed > Penalty of Intended Offense
the principals o Impose lower penalty in max period.
when the 2. Penalty of Felony Committed < Penalty of Intended Offense
crime o Impose lower penalty in max period.
committed is
different from 3. Act committed is an attempt or frustration of another crime
that intended. o The law imposes higher penalty for attempt or frustration
o Penalty for attempt or frustration in max period
Notable Rulings
• Art. 49 applies only when there is a mistake in the identity of the victim of the crime,
and the penalty for the crime committed is different from that for the crime intended to
be committed
• Two crimes must have different penalties
Penalty for • The penalty for impossible crime is arresto mayor or a fine ranging from 200 to 500
Impossible pesos.
Crime (Article
59) • limited to those cases where the act performed would be grave felonies or less grave
felonies.
Art. 62. Effect Rule 1: AC which constitute a crime or included in defining a crime - NOT taken into
of the account
attendance of
mitigating or

aggravating Example: using of fire in arson, going inside house in trespass to dwelling, use of poison in
circumstances murder, abuse of confidence in qualified theft
and of
habitual Sub Rule 1(a) - abuse of public position - MAX period regardless of AC
delinquency
Sub Rule 1(b) - committed by any person who belong to organized/syndicated group (OSG) ->
Max period
OSG- two or more persons collaborating or mutually helping one another for purposes of gain in
commission of any crime
Rule 2: AC inherent in crime - NOT taken into account
Example: Evident premeditation in robbery and theft
Rule 3: Moral attributes/private relations only apply to whom such circumstances are
attendant
Example of moral attribute: Passion or obfuscation and evident premeditation
Example of private relations with offended party: alternative circumstance in slight physical
injuries; relationship in crime of parricide; confidential relations in qualified theft.
This ruling holds true even if there was conspiracy between V and B. The rule that in conspiracy
the act of one is the act of all, does not mean that the crime of one is the crime of all.
Rule 4: Circumstances in material execution of the act or means employed -> apply only to
those who have knowledge at time of execution or cooperation

NOTE: cruelty consists neither "in the material execution of the act" nor "in the means
employed to accomplish it."
Rule 5: Habitual Delinquency
Definition of Habitual Delinquent
1. Within a period of 10 years from last conviction OR release

2. Specific crimes of: (FRETS)
c. Serious or less serious PI
d. Robo (robbery)
e. Theft
f. Estafa
g. Falsification
3. Found guilty of any of SUCH crimes third time or oftener
Limitation: Total of two penalties (additional and penalty of last conviction) shall NOT exceed
30 years
Rules for the 1. Penalty single indivisible, it shall be applied no regard for AC/MC
application of 2. When the penalty is composed of two indivisible penalties:
indivisible • 1 AC - impose greater penalty

penalties. • No MC/AC impose lesser penalty .
(Art. 63) • MC but not AC - impose lesser penalty.
• Both are present offset each other
Apply only if 3. GR: When the penalty is composed of two indivisible penalties, the penalty cannot be
indivisible lowered by one degree, no matter how many mitigating circumstances are present
penalties 1. E: when there are privileged mitigating circumstance under Art. 68 and 69
Rules for the 1. No AC and No MC — medium period

application of
penalties 2. Only MC — minimum period.
which contain
three periods
(Art 64) 3. Only AC — maximum period.
Apply only if 4. MC and AC -- Court shall offset according to relative weight

divisible o MC must be ordinary and not privilege and AC must be generic not qualifying
penalties or o QMC cannot be offset by GMC
divisible by
analogy 5. 2 or more MC and No AC — penalty next lower in degree
6. Regardless of number of AC, impose only max penalty provided by law
7. Court can determine the extent of the penalty within the limits of each period, according
to the number and nature of the aggravating and mitigating circumstances and the greater
or lesser extent of the evil produced by the crime.
8. Not applicable to Indivisible Penalties; Special Laws; Fine
9. Not applicable to crimes through negligence
Penalty to be Grave Felony (would have been) Less grave (would have been)
imposed when Arresto mayor (max) to prision Arresto mayor (min) to AM (mid)
not all the correccional (min)
requisites of
exemption of Elements of Accident:

the fourth 1. Act lawful
circumstance 2. There is due care.
of Article 12 3. That the injury be caused by mere accident,
are present. 4. no fault or intention to cause the injury.
(Art. 67)
Penalty to be
imposed upon Criminal What will happen to child?
a person Liability
under Child under 15 Exempt 1. Released
eighteen years 2. Community based intervention
of age. program by (LSWDO)
(Art. 68) • UNLESS for his best interest be
referred to Youth car facility (YCF)
Child above 12 but Exempt 1. Deemed neglected child

under 15 but commit 2. Mandatory placed in Bahay Pag-
serious crime asa (YCF)
Child above 12 but Exempt 1. Community based intervention

under 15 but commit program
another offense 2. Neglected child
3. Intensive intervention program
UNLESS YCF
4. If parents refuse voluntary
commitment -> petition for
involuntary commitment
Child above 15 but Exempt 1. Intervention program
under 18 w/o
discernment
Child above 15 but Not exempt 1. Diversion Program
under 18 w/
discernment
Penalty Imposed is under par. 2, penalty next lower in degree (execution of judgment) when:
• Measures imposed has not been fulfilled
• Child in conflict with the law has witfully failed to comply with the conditions of the
program

• If there is execution, probation can be had.
Notes:
• Child not exempt from civil liability
• Parents liable for damages UNLESS proven that:
o They were exercising reasonable supervision over child at time of commission
o Exerted reasonable effort and utmost diligence to prevent another offense.
Penalty to be
imposed when Penalty to be imposed: one or two degrees lower (privileged MC)
crime not • In determining the proper period however, the court must consider the number and
wholly nature of conditions
excusable Art.
69 Requisites: Majority of Conditions in Article 11 & 12
• In self-defense, unlawful aggression is NECESSARY
Successive 1. Need to serve two or more penalties

service of 2. If nature of penalty permits it, he shall serve it SIMULTANEOUSLY
sentences (Art 3. Otherwise, serve it successively according to SEVERITY (pls see page one for the
70.) severity scale)
4. Imprisonment must be served before destierro
5. Three fold rule
▪ the maximum duration of the convicts sentence
▪ shall not be more than three times the length of time corresponding
to the most severe of the penalties
▪ applies only if need to serve at least 4 sentences and such
imprisonment is CONTINUOUS
▪ Subsidiary imprisonment is INCLUDED
6. No prisoner shall be required to remain in prison continuously for more than 40

years.
7. Duration of perpetual penalties is 30 years
Rules on Imposition & Graduation of Penalties

Penalty Imposed Consummated Frustrated Attempted
Principals 0 1 2
Accomplices 1 2 3

Accessories 2 3 4
Rules on Accessories (Art.
58) if Public officers who Penalty of Principal Offender Additional Penalty
help the author of a crime Grave Felony Absolute perpetual Disqualification
by misusing their office Less grave felony Absolute temporary Disqualification
Art. 61. Rules for Rule 1:

graduating penalties. Prescribed: Single and Indivisible
Penalty next Lower: Immediately following
Example:
Prescribed: Reclusion Perpetua
Next Lower: Reclusion Temporal
Rule 2a:
Prescribed: Two indivisible penalties

Next lower: Immediately following the lesser of the penalties
Example:
Prescribed: Reclusion Perpetual to Death
Next Lower: Reclusion Temporal
Rule 2b
Prescribed: One divisible in full extent
Next lower: Immediately following
Example:
Prescribed: Reclusion Temporal
Next lower: Prision mayor
Rule 2c:
Prescribed: Two divisible penalties in full extent

Next Lower: Immediately following the lesser of the penalties
Example:
Prescribed: Prision correcional to prision mayor
Next Lower: arresto mayor

Rule 3a:
Prescribed: Two indivisible penalties and max of a divisible penalty

Next Lower: Medium and minimum period of the divisible AND the max of the
period immediately following the divisible penalty
Example:
Prescribed: Reclusion temporal (max) to death
Next Lower: Prision mayor (max) to Reclusion temporal (min & med)
Rule 4
Prescribed: composed of several period of different divisible penalties

Next Lower: Use the 3 period gap scale
Example:
Prescribed: prision mayor (med) to Reclusion temporal (min)
Next Lower: Prision correcional (med) Prision mayor (min)
Rule 5: Apply by analogy (i.e. graduate by 1 or 2 periods)
Example:
Prescribed: prision mayor (med) to prision mayor (max)
Next Lower: prision correctional (max) to prision mayor (min)

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Necessity of the means used

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Doctrine of “self-help” under Article 429, Civil Code, applied in

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Aggravating circumstances which do not have the effect of

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NOTE* Reiteracion or habituality, now always aggravating.

Basis of this aggravating circumstance. RECIDIVISM REITERACION

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Is this paragraph applicable to the one who gave the price or

Basis of this aggravating circumstance.

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Meaning of “Advantage be taken.”

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Procedure when the imbecile or the insane committed a felony

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Basis of paragraph 5. Real, imminent or reasonable fear.

Elements: Basis of paragraph 6.

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Lack Of Coordination With Pdea - Silence of the law as to the

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Chain Of Custody – As a method of authenticating evidence, the chain of

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