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CRIMINAL LAW 1

Concept Elements
Deceit/Dolo  Criminal Intent
 Freedom of
action Voluntariness
 Intelligence

Fault/Culpa  Criminal Negligence


 Freedom of action
 Intelligence
Mistake of Fact  That the act done would have been
lawful and unjustifiable had the facts
been as accused believed them to be
 That the intention of the accused in
doing the act must be lawful
 That the mistake must be without
fault, negligence, carelessness on the
part of the offender.
Proximate Cause  Intended act is a felonious act
 Resulting act is a felony
 Resulting ac tis the direct, natural, and
logical consequence of the felonious
act of the offender
Impossible Crime  That the act alone would have been an
offense against persons/property
 That the act was done with evil intent
 That the act was not accomplished
because of tis inherent impossibility/
the employment of
inadequate/ineffectual means
 That the act done should not constitute
any other violation of the RPC
Attempted Crime  Offender commences the commission
of the felony directly by overt acts
 He does not perform all the acts of
execution which should produce the
felony
 Offenders act is not stopped by his
own spontaneous desistance
 Non-performance of all acts of
execution was due to a cause/accident
other than his spontaneous desistance
Frustrated Crime  The offender performs all the acts of
execution
 All the acts performed would produce
the felony as a consequence
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 But the felony is not produced


 By reason of causes independent of
the will of the perpetrator
Justifying
Self-defense Unlawful aggression
 There must be physical/material attack
 Attack assault must be
actual/imminent
 Attack/assault must be unlawful
Reasonable Necessity of the means employed
to prevent/repel it
Factors:
 Nature & no. of weapon used by the
aggressor
 Physical condition, size, weight, and
other personal circumstance of the
aggressor vs. that of the person
defending himself
 Place and location of assault
Lack of sufficient provocation on the part of
the person defending himself
Defense of a relative  Unlawful aggression
 Reasonable necessity of the means
employed to prevent/repel it
 In case the provocation was given by
the person attacked, the one making
the defense had no part therein.
Defense of a stranger  Unlawful aggression
 Reasonable necessity of the means
employed to prevent/repel it
 The person defending be not induced
by revenge/ill motive
State of necessity  Evil sought to be avoided actually
exists
 Injury feared be greater than that done
to avoid it
 There be no other practical and less
harmful means of preventing it
Fulfillment of a duty/Lawful exercise of a  Accused acted in the performance of a
right/office duty/a lawful exercise of right/office
 Injury caused/ offense committed be
the necessary consequence of the due
performance/lawful exercise of such
right/office
CRIMINAL LAW 1

Obedience to an order issued by a superior for  An order has been issued by a superior
some lawful purpose  Such order must be for some lawful
purpose
 Means used by the subordinate to
carry out said order is lawful
Exempting
Accident  Person is performing a lawful act….
 … with due care
 He causes injury to another by mere
accident
 Without fault/intention of causing it
Irresistible Force  That the compulsion is by means of a
physical force
 Physical force must be irresistible
 Physical force must come from a third
person
Uncontrollable Fear  Existence of an uncontrollable fear
 Fear must be real and imminent
 Fear of an injury is greater than/at
least equal to that committed
Lawful and insuperable cause  That an act was required by law to be
done
 That a person fails to perform such act
 That his failure to perform such act
was due to some lawful/insuperable
cause
Mitigating
Incomplete JC/EC (OMC/PMC)  If majority of the elements present:
PMC
 If less than majority is present: OMC
(can be offset by generic AC)
 If only 2 elements necessary to justify
act or exempt from criminal liability
OR presence of 1 already PMC
Praeter Intentionem  Offender committed a felony
 Notable disparity between the means
employed by offender and the
resulting felony
Sufficient Provocation  Provocation must be sufficient
o Adequate enough to stir a
person to commit wrongful act
o Must be proportionate to the
gravity of the crime
 Provocation must come from the
offended party
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 Provocation must be immediate from


the commission of the criminal act
done by the person who was provoked
Immediate vindication of a grave offense  There be a grave offense to the one
committing the felony, his spouse,
descendants, ascendants,
 Said act/ grave offense must be
proximate cause of the commission of
the crime
Sudden impulse of passion/ obfuscation  There be an act both unlawful and
sufficient to produce passion and
obfuscation on the part of the offender
 The commission of the criminal act
and the said impulse must not be far
removed from each other by the
considerable length of time during
which the offender might have
recorded his normal equanimity
 Voluntary surrender  Offender had not actually been
arrested
 Offender had surrendered himself to a
person in authority/ his agent
 Surrender must be voluntary
Voluntary plea of guilt  Guilt tendered is confessed
spontaneously and unconditionally
 Accused confesses guilt in open court
 Confession made before the
presentation of the evidence for the
prosecution
Aggravating
That the crime be committed in contempt of  That the public officer or public
or with insult to the public authorities authority is engaged in the exercise of
his function
 That the public authority is not the
person against whom the crime is
committed
 That the offender knows him to be a
public authority
 That the presence of the public
authority did not prevent the offender
from the commission of the crime
Dwelling Instances when dwelling is not considered an
AC even if the crime was committed in a
dwelling
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 When the offended party has given


provocation
 If the offender and offended party are
living in the same dwelling
 When dwelling is inherent in the
commission of the crime
That the act be committed with abuse of Abuse of confidence
confidence or obvious ungratefulness  That the offended party had trusted the
offender
 That the offender abused such trust by
committing the crime against the
offended party
 That the abuse of confidence
facilitated the commission of the
crime
Obvious ungratefulness
 That the offended party had trusted the
offender
 That the offender abused such trust by
committing a crime against the
offended party
 That the act be committed with
obvious ungratefulness
A crime be committed where the public  The place is where public authorities
authorities are engaged in the discharge of are engaged in the discharge of their
their duties duties
 The public authorities are actually
engaged in the discharge of the
performance of their duties
Nighttime  The offender deliberately sought/took
advantage of nighttime or cover of
darkness
 The purpose of the offender is to
facilitate he commission of the crime
or to insure or afford impunity
Uninhabited place  That in the place where the crime was
committed, there was a remote
possibility for the victim to receive
some help
 That the offender deliberately sought
the uninhabited place in order to
facilitate the commission of the crime
Recidivism  That the offender is on trial for an
offense
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 That he was previously convicted by


final judgement of another crime
 That both first and second offenses are
embraced in the same title of the RPC
 That the offender is convicted of the
second offense charged
Reiteracion  That the accused is on trial for an
offense
 That at the time of the trial, he
previously served sentence for another
crime to which the law attaches an
equal or grater penalty or for two or
more crimes to which it attaches a
lighter penalty.
 That he is also convicted of the new
offense
Evident premeditation  The time when the offender
determined to commit the crime..
 .. an act manifestly indicating that the
culprit has clung to his determination
 There is a sufficient lapse of time
between the determination and
execution to allow him to reflect upon
the consequences of his acts
Abuse of superior strength  That there be a notorious inequality of
forces between the offender and
offended party in terms of their age,
size, and strength
 That the offender took advantage of
this inequality of forces to facilitate
the commission of the crime
Treachery  That the offender deliberately adopted
the particular means, method, or form
of attack employed by him
 That at the time of the attack, the
victim was not in a position to defend
himself
 Employment of means of execution
that gives the persons attacked no
opportunity to defend themselves or
retaliate
 Means of execution were deliberately
or consciously adopted
CRIMINAL LAW 1

Cruelty  That at the time of the infliction of the


physical pain, the offended party is
still alive
 That the offender enjoys and delights
in seeing his victim suffer gradually
by the infliction of the physical pain
Article 16
Principal Induction  Inducement is made directly to
procure the commission of the crime
 Inducement is the primary reason or
the determining cause of the
commission of the crime by the
principal by direct participation
Article 18
Accomplices  There must be a community of design
o The accomplice had been
informed of the criminal design
and concurs with the said design
 That he performs the acts previous or
simultaneous to the commission of the
crime
 That the acts performed by the
principal is related to the acts
performed by the accomplice
Article 19
Anti-fencing law PD 1612  That the crime of robbery/ theft has
been committed
 That the said person was found in
possession of the said article or items
which are the proceeds of the crime
 That there was on the part of such
person, there is intent to gain either for
himself or for another
 That the said person knows or should
have known that the article is the
product of robbery or theft
Corpus delicti  Proof of occurrence of a certain event
 Proof of a person’s criminal liability
Article 20
Accessory to be exempted from criminal  When the crime committed is a light
liability felony
 When the said accessory is the
spouse/descendants/legitimate natural
adopted brothers and sister/ relatives
by affinity within the same degrees.
CRIMINAL LAW 1

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