CRIMINAL LAW:

1. Criminal law is that branch of municipal law which defines crimes, treats of their nature and provides for their
punishment.
2. It is that branch of public substantive law which defines offenses and prescribes their penalties. It is substantive
because it defines the state’s right to inflict punishment and the liability of the offenders. It is public law because it
deals with the relation of the individual with the state.

Characteristic 1: GENERALITY:
Art 14, NCC: Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the
Philippine territory, subject to the principles of public international law and to treaty stipulations

EXCEPTIONS to GENERALITY:
a. VFA: Article V (Criminal Jurisdiction)
1. Subject to the provisions of this article:
(a) Philippine authorities shall have jurisdiction over United States personnel with respect to offenses
committed within the Philippines and punishable under the law of the Philippines.
(b) United States military authorities shall have the right to exercise within the Philippines all criminal and
disciplinary jurisdiction conferred on them by the military law of the United States over United States
personnel in the Philippines.

2. (a) Philippine authorities exercise exclusive jurisdiction over United States personnel with respect to offenses,
including offenses relating to the security of the Philippines, punishable under the laws of the Philippines, but not
under the laws of the United States.
(b) United States authorities exercise exclusive jurisdiction over United States personnel with respect to
offenses, including offenses relating to the security of the United States, punishable under the laws of the
United States, but not under the laws of the Philippines
(c) For the purposes of this paragraph and paragraph 3 of this article, an offense relating to security means:
(1) treason;
(2) sabotage, espionage or violation of any law relating to national defense.

3. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:
(a) Philippine authorities shall have the primary right to exercise jurisdiction over all offenses committed by
United States personnel, except in cases provided for in paragraphs l (b), 2 (b), and 3 (b) of this Article.
(b) United States military authorities shall have the primary right to exercise jurisdiction over United States
personnel subject to the military law of the United States in relation to:
(1) offenses solely against the property or security of the United States or offenses solely against the
property or person of United States personnel; and
(2) offenses arising out of any act or omission done in performance of official duty.
(c) The authorities of either government may request the authorities of the other government to waive their
primary right to exercise jurisdiction in a particular case.
(d) Recognizing the responsibility of the United States military authorities to maintain good order and
discipline among their forces, Philippine authorities will, upon request by the United States, waive their
primary right to exercise jurisdiction except in cases of particular importance to the Philippines. If the
Government of the Philippines determines that the case is of particular importance, it shall communicate such
determination to the United States authorities within twenty (20) days after the Philippine authorities receive
the United States request.
(e) When the United States military commander determines that an offense charged by authorities of the
Philippines against United States personnel arises out of an act or omission done in the performance of official
duty, the commander will issue a certificate setting forth such determination. This certificate will be
transmitted to the appropriate authorities of the Philippines and will constitute sufficient proof of performance
of official duty for the purposes of paragraph 3(b)(2) of this article. In those cases where the Government of
the Philippines believes the circumstances of the case require a review of the duty certificate, United States
military authorities and Philippine authorities shall consult immediately. Philippine authorities at the highest
levels may also present any information bearing on its validity. United States military authorities shall take full
account of the Philippine position. Where appropriate, United States military authorities will take disciplinary
 or other action against offenders in official duty cases, and notify the Government of the Philippines of the
actions taken.
(f) If the government having the primary right does not exercise jurisdiction, it shall notify the authorities of
the other government as soon as possible.
(g) The authorities of the Philippines and the United States shall notify each other of the disposition of all
cases in which both the authorities of the Philippines and the United States have the right to exercise
jurisdiction.

4. Within the scope of their legal competence, the authorities of the Philippines and the United States shall assist
each other in the arrest of United States personnel in the Philippines and in handing them over to authorities who
are to exercise jurisdiction in accordance with the provisions of this article.

5. United States military authorities shall promptly notify Philippine authorities of the arrest or detention of United
States personnel who are subject to Philippine primary or exclusive jurisdiction. Philippine authorities shall promptly
notify United States military authorities of the arrest or detention of any United States personnel.

6. The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately
reside with United States military authorities, if they so request, from the commission of the offense until
completion of all judicial proceedings. United States military authorities shall, upon formal notification by the
Philippine authorities and without delay, make such personnel available to those authorities in time for any
investigative or judicial proceedings relating to the offense with which the person has been charged. In extraordinary
cases, the Philippine Government shall present its position to the United States Government regarding custody,
which the United States Government shall take into full account. In the event Philippine judicial proceedings are not
completed within one year, the United States shall be relieved of any obligations under this paragraph. The one year
period will not include the time necessary to appeal. Also, the one year period will not include any time during
which scheduled trial procedures are delayed because United States authorities, after timely notification by
Philippine authorities to arrange for the presence of the accused, fail to do so.

7. Within the scope of their legal authority, United States and Philippine authorities shall assist each other in the
carrying out of all necessary investigations into offenses and shall cooperate in providing for the attendance of
witnesses and in the collection and production of evidence, including seizure and, in proper cases, the delivery of
objects connected with an offense.

8. When United States personnel have been tried in accordance with the provisions of this article and have been
acquitted or have been convicted and are serving, or have served their sentence, or have had their sentence
remitted or suspended, or have been pardoned, they may not be tried again for the same offense in the Philippines.
Nothing in this paragraph, however, shall prevent United States military authorities from trying United States
personnel for any violation of rules of discipline arising from the act or omission which constituted an offense for
which they were tried by Philippine authorities.

9. When United States personnel are detained, taken into custody, or prosecuted by Philippine authorities, they shall
be accorded all procedural safeguards established by the law of the Philippines. At the minimum, United States
personnel shall be entitled:
(a) To a prompt and speedy trial;
(b) To be informed in advance of trial of the specific charge or charges made against them and to have
reasonable time to prepare a defense;
(c) To be confronted with witnesses against them and to cross examine such witnesses;
(d) To present evidence in their defense and to have compulsory process for obtaining witnesses;
(e) To have free and assisted legal representation of their own choice on the same basis as nationals of the
Philippines;
(f) To have the services of a competent interpreter;
(g) To communicate promptly with and to be visited regularly by United States authorities, and to have such
authorities present at all judicial proceedings. These proceedings shall be public unless the court, in
accordance with Philippine law, excludes persons who have no role in the proceedings.
10. The confinement or detention by Philippine authorities of United States personnel shall be carried out in
facilities agreed on by appropriate Philippine and United States authorities. United States personnel serving
sentences in the Philippines shall have the right to visits and material assistance.

11. United States personnel shall be subject to trial only in Philippine courts of ordinary jurisdiction, and shall not be
subject to the jurisdiction of Philippine military or religious courts.
b. RA 75: AN ACT TO PENALIZE ACTS WHICH WOULD IMPAIR THE PROPER OBSERVANCE BY THE REPUBLIC AND
INHABITANTS OF THE PHILIPPINES OF THE IMMUNITIES, RIGHT, AND PRIVILEGES OF DULY ACCREDITED FOREIGN
DIPLOMATIC AND CONSULAR AGENTS IN THE PHILIPPINES
Section 4. Any writ or process sued out or prosecuted by any person in any court of the Republic of the Philippines,
or by any judge or justice, whereby the person of any ambassador or public minister of any foreign State, authorized
and received as such by the President, or any domestic or domestic servant of any such ambassador or minister is
arrested or imprisoned, or his goods or chattels are distrained, seized, or attached, shall be deemed void, and every
person by whom the same is obtained or prosecuted, whether as party or as attorney, and every officer concerned
in executing it, shall upon conviction, be punished by imprisonment for not more than three years and a fine of not
exceeding two hundred pesos in the discretion of the court.

Section 5. The provisions of section four hereof shall not apply to any case where the person against whom the
process is issued is a citizen or inhabitant of the Republic of the Philippines, in the service of an ambassador or a
public minister, and the process is founded upon a debt contracted before he entered upon such service; nor shall
the said section apply to any case where the person against whom the process is issued is a domestic servant of an
ambassador or a public minister, unless the name of the servant has, before the issuing thereof, been registered in
the Department of Foreign Affairs, and transmitted by the Secretary of Foreign Affairs to the Chief of Police of the
City of Manila, who shall upon receipt thereof post the same in some public place in his office. All persons shall have
resort to the list of names so posted in the office of the Chief of Police, and take copies without fee.

c. SECTION 11, Article VI, 1987 Constitution. A Senator or Member of the House of Representatives shall, in all
offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in
session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the
Congress or in any committee thereof.

Characteristic 2: PROSPECTIVITY: Crimes are punished under the laws in force at the time of their commission.
Art 21, RPC. Penalties that may be imposed. — No felony shall be punishable by any penalty not prescribed by law
prior to its commission.
Art 22, RPC. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as they favor the
persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code,
although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving
the same.
Art. 4, NCC. Laws shall have no retroactive effect, unless the contrary is provided.
Exceptions:
a. Favorable to the accused and the accused is
b. Not habitually delinquent

Characteristic 3: Territoriality: Penal laws of Philippines is punishable only within its own territory
Art 2, RPC. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities
mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book
Two of this Code.
CONSTITUTIONAL LIMITATIONS TO POWER OF CONGRESS TO ENACT LAWS
Art 3, 1987 Constitution: SECTION 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.
Art 3, 1987 Constitution, SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of
the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

Art 3, 1987 Constitution, SECTION 5 No law shall be made respecting an establishment of religion, or prohibiting the
free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Art 3, 1987 Constitution, SECTION 14. (1) No person shall be held to answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy
the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him,
to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to
secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial
may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to
appear is unjustifiable.

Art 3, 1987 Constitution, SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have
been duly convicted.

Art 3, 1987 Constitution, SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion
perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use
of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Art 3, 1987 Constitution, SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Art 3, 1987 Constitution, SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense.
If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.

Art 3, 1987 Constitution, SECTION 22. No ex post facto law or bill of attainder shall be enacted.

Art 2, NCC Laws shall take effect after fifteen days following the completion of their publication in the Official
Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication.

Rule 115, Rules on Civil Procedure

Article 5, VFA

EX POST FACTO LAW

(a) Provides for the infliction of punishment upon a person for an act done which, when it was committed, was
innocent;
(b) Aggravates a crime or makes it greater than when it was committed;
(c) Changes the punishment or inflicts a greater punishment than the law annexed to the crime when it was
committed;
(d) Changes the rules of evidence and receives less or different testimony then was required at the time of the
commission of the offense in order to convict the offender;
(e) Assuming to regulate civil rights and remedies only, in effect imposes a penalty or the disposition of a right
which when done was lawful;
 (f) Deprives the person s accused of crime of some lawful protection to which they have become entitled, such as
the protection of a former conviction or acquittal, or of the proclamation of amnesty;
(g) In relation to the offense or its consequences, alters the situation of a person to his disadvantage.

BILL OF ATTAINDER
- A bill of attainder applies only to statutes and a statute becomes a bill of attainder when it applies either to named
individuals or to easily ascertainable members of a group inflicting punishment on them amounting to a
deprivation of any right, civil or political, without judicial trial. Stated otherwise, the singling out of a definite class,
the imposition of a burden on it, and a legislative intent, suffice to stigmatize a statute as a bill of attainder
(Montegro vs. Castañeda, 91 Phil. 882).
- A bill of attainder is a legislative act which inflicts punishment without trial; the essence of which is the substantial
legislative fiat for a judicial determination of guilt

VOID FOR VAGUENESS DOCTRINE

In the case of vagueness, a statute might be considered void on constitutional grounds

DOCTRINE OF PRO REO

The principle of in dubio pro reo (Latin for "[when] in doubt, for the accused") means that a defendant may not be
convicted by the court when doubts about his or her guilt remain.

EUIPOISE DOCTRINE
The rule which states that when the evidence of the prosecution and the defense are so evenly balanced the
appreciation of such evidence calls for tilting of the scales in favor of the accused. Thus, the evidence for the
prosecution must be heavier to overcome the presumption of innocence of the accused. The constitutional basis of
the rule is Bill of Rights.

DISTINCTIONS of DOLO AND CULPA

Art 3, RPC. Definitions. — Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of skill.
** INTENT is the main difference

CRIMES MALA IN SE AND MALA PROHIBITA

Mala in Se Mala Prohibita
Basis Moral state of the offender; hence, good Voluntariness; hence, good faith or lack of criminal
faith or lack of criminal intent is a defense. intent is not a defense, unless intent is an element
of the crime such as in Sec. 3[e] of RA 3019.

Modifying Taken into account in imposing the penalty Not considered because the law intends to
circumstances on the offender precisely because his moral discourage the commission of the act specially
trait is the basis of his crime. Hence, prohibited.
greater perversity deserves a higher penalty;
whereas, lesser depravity deserves
mitigation.
Degree of Penalty is computed on the basis of whether The penalty on the offenders is the same as they are
participation the malefactor is a principal offender, or all deemed principals.
merely an accomplice or accessory.

Stage of The penalty imposed depends on whether Violation of law is punished only when
accomplishment the crime is consummated, frustrated or accomplished or consummated because intent is
attempted. inherent in attempted or frustrated stage and
intent is not relevant in crimes mala prohibita.

Moral turpitude Generally involve moral turpitude logically, Not involved because the act would not have been
so for its basis is the moral state of the wrong if not for the prohibition of law.
offender.
Law violated Generally, the Revised Penal Code. Generally, special penal laws.

CONSPIRACY
Art 8, RPC. Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and
decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to some other
person or persons.

RULES:
Direct proof of previous agreement to commit a crime is not necessary. It may be deduced from the mode and
manner by which the offense was perpetrated, or inferred from the acts of the accused themselves when such point
to a joint purpose and design, concerted action and community of interest Conspiracy may be inferred from the
conduct of the accused before, during or after the commission of the crime. (Implied Conspiracy)
The act of one is the act of all, everyone is solidarily liable for the criminal liability arising from the act. All
conspirators are criminally liable for the act regardless of degree of participation.
- Essence: Community of criminal intent
- Proposal to commit a felony is not punishable except in treason, sedition, etc.

ENTRAPMENT vs INSTIGATION
Entrapment does not exempt the offender or mitigate his criminal liability. But instigation absolves the offender
from criminal liability because in instigation, the offender simply acts as a tool of the law enforcers and, therefore,
he is acting without criminal intent because without the instigation, he would not have done the criminal act which
he did upon instigation of the law enforcers.

PROXIMATE CAUSE
Proximate cause is defined as that 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. More
comprehensively, proximate cause is that cause acting first and producing the injury, either immediately or by
setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal
connection with its immediate predecessor, the final event in the chain immediately effecting the injury as natural
and probable result of the cause which first acted, under such circumstances that the person responsible for the first
event should, as an ordinarily prudent and intelligent person, have reasonable ground to expect at the moment of
his act or default that an injury to some person might probably result therefrom.

CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES.

Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as those which are
frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it
is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence
but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly or over acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other than
this own spontaneous desistance.

GRAVE FELONIES, LESS GRAVE FELONIES AND LIGHT FELONIES.

Art. 9, RPC. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law
attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of
this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional,
in accordance with the above-mentioned Art.
Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not
exceeding 200 pesos or both; is provided.

IMPOSSIBLE CRIME (Estrada, p. 41-46)

Art. 4, RPC. Criminal liability. — Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be different from that which he
intended.
2. By any person performing an act which would be an offense against persons or property, were it not for the
inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.

REQUISITES:
1. Offense against persons or property
2. Act was done with evil intent
3. Accomplishment was inherently impossible, or means employed either inadequate or ineffectual.
4. The act performed would constitute a violation of another provision of the RPC
There is no attempted or frustrated impossible crimes because the stages of execution of felony do not apply.

PRAETER INTENTIONEM
(1) the offender did not intend to commit so grave a wrong as that committed
(2) Mitigating, particularly covered by paragraph 3 of Article 13. In order however, that the situation may qualify as
praeter intentionem, there must be a notable disparity between the means employed and the resulting felony. If
there is no disparity between the means employed by the offender and the resulting felony, this circumstance
cannot be availed of. It cannot be a case of praeter intentionem because the intention of a person is determined
from the means resorted to by him in committing the crime

ABERRATIO ICTUS
(1) In aberratio ictus, a person directed the blow at an intended victim, but because of poor aim, that blow landed
on somebody else. In aberratio ictus, the intended victim as well as the actual victim are both at the scene of the
crime.
(2) Distinguish this from error in personae, where the victim actually received the blow, but he was mistaken for
another who was not at the scene of the crime. The distinction is important because the legal effects are not the
same.
(3) In aberratio ictus, the offender delivers the blow upon the intended victim, but because of poor aim the blow
landed on somebody else. You have a complex crime, unless the resulting consequence is not a grave or less grave
felony. You have a single act as against the intended victim and also giving rise to another felony as against the
actual victim. To be more specific, let us take for example A and B. A and B are enemies. As soon as A saw B at a
distance, A shot at B. However, because of poor aim, it was not B who was hit but C. You can readily see that there
is only one single act – the act of firing at B. In so far as B is concerned, the crime at least is attempted homicide or
attempted murder, as the case may be, if there is any qualifying circumstance. As far as the third party C is
concerned, if C were killed, crime is homicide. If C was only wounded, the crime is only physical injuries. You cannot
have attempted or frustrated homicide or murder as far as C is concerned, because as far as C is concern, there
is no intent to kill. As far as that other victim is concerned, only physical injuries – serious or less serious or slight.
(4) If the resulting physical injuries were only slight, then you cannot complex; you will have one prosecution for the
attempted homicide or murder, and another prosecution for slight physical injuries for the innocent party. But if the
innocent party was seriously injured or less seriously injured, then you have another grave or less grave felony
resulting from the same act which gave rise to attempted homicide or murder against B; hence, a complex crime.
(5) In other words, aberratio ictus, generally gives rise to a complex crime. This being so, the penalty for the more
serious crime is imposed in the maximum period. This is the legal effect. The only time when a complex crime may
not result in aberratio ictus is when one of the resulting felonies is a light felony.

ERROR IN PERSONAE
(1) In error in personae, the intended victim was not at the scene of the crime. It was the actual victim upon whom
the blow was directed, but he was not really the intended victim. There was really a mistake in identity.

PRIVILEGED MITIGATING CIRCUMSTANCES

A privileged mitigating circumstance cannot be offset by any aggravating circumstance, but an ordinary mitigating
circumstance can be offset by a generic aggravating circumstance.
A privileged mitigating circumstance has the effect of lowering penalty 1 or 2 degrees lower than that prescribed by
law. One ordinary mitigating circumstance, if not offset by a generic aggravating circumstance, has the effect of
imposing the minimum penalty.
The privileged mitigating circumstances are:
Art 13, par 1, RPC. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to
exempt from criminal liability in the respective cases are not attendant.
Art 13, par 2, RPC. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he
shall be proceeded against in accordance with the provisions of Art. 80.
*The mitigating circumstances in 3-11 are ordinary only.

ACCOMPLICE

HABITUALITY (Estrada, p. 153-155)

Different forms of habituality:
1. Recidivism (par.9, Art 14): A recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same title of this Code.

2. Quasi-Recidivism (Art 160): Any person who shall commit a felony after having been convicted by final
judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the
maximum period of the penalty prescribed by law for the new felony.
- This is a special aggravating circumstance which imposes the maximum of the penalty of the new
offense. It cannot be offset by a mitigating circumstance

3. Reiteracion or Habituality (par 10, Art 14): That the offender has been previously punished by an offense to
which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter
penalty.
- From BIGGER crime to a SMALLER crime, eg, Murder is graver than Homicide, Rape is graver than Acts
of Lasciviousness, Theft of 1 million is graver than theft of 5 pesos.

4. Habitual Delinquency (par 5, Art 62): Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last
crime of which he be found guilty and to the additional penalty of prision correccional in its medium and
maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of
which he be found guilty and to the additional penalty of prision mayor in its minimum and medium
periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period
to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of ten
years from the date of his release or last conviction of the crimes of serious or less serious physical injuries,
robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener.
- This occurs when within a period of ten years from the date of conviction or last release of a person of
any of the crimes of serious physical injuries, less serious physical injuries, theft, robbery, estafa, or
falsification, he is found guilty the third time or oftener
- Not a crime, a fact/ circumstance, which if present, will give rise to additional penalty.
- He must be sentenced to the penalty of the last crime in addition to the additional penalty he
deserves.
- It cannot be offset by a mitigating circumstance.

Reiteracion Recidivism
As to Offender Offender is previously punished Offender is previously convicted of final
judgement
As to Offenses Offenses need not be embraced in the Offences should be embraced in the same
same Title of the Code Title of the Code
Effects to penalty Not always aggravating, its appreciation If present, always aggravating
rests upon the discretion of the court
Period of time No period of time specified for the former At the time of his trial for one crime, shall
and previous conviction have been previously convicted by final
judgment of another crime

Habitual Delinquency Recidivism

As to Offender The offender must be convicted at least 3
times for any of the specified crimes
As to Offenses The crimes are specified: serious physical
injuries, less serious physical injuries,
theft, robbery, estafa, or falsification
Effects to penalty Provides for the imposition of additional
penalty
Period of time Any of the specified crimes must take
place within ten years from last
conviction or release
The offender must be at least a second
conviction of a crime embraced in the same
title
Offences should be embraced in the same
Title of the Code
If present, always aggravating and of not
offset, serves to increase the penalty
At the time of his trial for one crime, shall
have been previously convicted by final
judgment of another crime

EXEMPTING, JUSTIFYING and MITIGATING CIRCUMSTANCES (Estrada, p. 83-84)

Art. 11. Justifying circumstances. — The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within
the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance
are present, and the further requisite, in case the revocation was given by the person attacked, that the one making
defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites
mentioned in the first circumstance of this Art. are present and that the person defending be not induced by revenge,
resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that
the following requisites are present:
First. That the evil sought to be avoided actually exists,
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.
7. RA9262: The Anti Violence Against Women and their Children Act: That the accused is suffering from the
Battered Woman Syndrome

Justifying circumstances
- There is no crime and no criminal liability. The act of the person is in accordance with the law and such person is
considered not to have transgressed the law. No criminal and civil liabilities, except in par 4 of Art 11, where the civil
liability is to be shared by the persons benefitting from the act.

Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval. library
 When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court
shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall
not be permitted to leave without first obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such
minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this
and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his
surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in
said Art. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or
intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable

Exempting Circumstances
- Technically, one who acts by virtue of any of the exempting circumstances commits a crime. However,
due to the absence of any of the conditions which constitutes free will, no criminal liability arises.
There is wanting in the agent of the crime any of the conditions which makes the act voluntary or
negligent. There is however, civil liability in all exempting circumstances except in par. 4.

Art. 13. Mitigating circumstances. — The following are mitigating circumstances;

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from
criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be
proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony
(delito), his spouse, ascendants, or relatives by affinity within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his
means of action, defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however
depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.

Mitigating circumstances
- These circumstances are based on the diminution of either the freedom of action, intelligence, or
intent, or on the lesser perversity if the offender. It results to the reduction of the penalty in terms of
degree or period.

RA 9262 FOCUS ON THE Cycle of Violence

Section 3 (c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

Section 26 Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not
incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances
of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the
time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.
3 phases of the battered woman syndrome:
 a. Tension building phase – minor battery occurs. It could be verbal or slight physical abuse or another form of
hostile behavior
b. Acute battering incident – brutality, destructiveness and sometimes death
c. Tranquil period – the final phase of the cycle of violence begins when acute battering incident ends. The
couple experienced profound relief. The batterer may show tender nurturing behavior towards his partner.
- Must go through the battering cycle at least twice.

ELEMENTS OF MITIGATING CIRCUMSTANCE OF PHYSICAL DEFECT

1. When the offender is deaf and dumb, blind or otherwise suffering from some physical defect, restricting his
means of action, defense or communication with other
2. The physical defect must relate to the offense committed. E.g. blindness does not mitigate estafa
BASIS: Offender does not have complete freedom of action; diminution of freedom and voluntariness

RA 9344: AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE
JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES (Estrada, p108-111)
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such
child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.

Diversion refers to an alternative, child-appropriate process of determining the responsibility and treatment of a
child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings.
Diversion Program refers to the program that the child in conflict with the law is required to undergo after he/she is
found responsible for an offense without resorting to formal court proceedings.

Intervention refers to a series of activities which are designed to address issues that caused the child to commit an
offense. It may take the form of an individualized treatment program which may include counseling, skills training,
education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being.

ELEMENTS OF AGGRAVATING CIRCUMSTANCE OF DWELLING/ NIGHTTIME/ UNINHABITED PLACE

Art 14, par 6, RPC. That the crime be committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the commission of an offense, it
shall be deemed to have been committed by a band.

Nighttime: (Estrada, p.146-148) Period of darkness beginning at end of dusk and ending at dawn.
1. It was specially sought for by the offender
2. The offender took advantage of it
3. It facilitated the commission of the crime by ensuring the offender’s immunity from identification or
capture.
Uninhabited place: (Estrada, p. 148) Determined by whether or not, by the commission of the crime, there was
reasonable possibility of the victim to receive some help.
Dwelling: (Estrada, p. 142) Must be a structure or building exclusively used for rest and comfort. Includes
dependencies, staircase, and enclosures under the house. It includes a boarding house, an apartment where the
victim stays as a boarder, lessee, bed spacer.
There must be no provocation on the part of the offended party.

DEATH/ INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES

Art. 247, RPC. Death or physical injuries inflicted under exceptional circumstances. — Any legally married person
who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of
 them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall
suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same circumstances, to parents with respect to their daughters
under eighteen years of age, and their seducer, while the daughters are living with their parents.
Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have
consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.chanr

CONCEPT: It is the killing or wounding by one who surprised the spouse in the act of sexual intercourse with another,
(called euphemistically Criminal Conversation or any illicit sex for that matter) or the minor daughter of the accused
spouse and living with the accused spouse, in the act of sexual intercourse with her seducer.

REQUIREMENTS:
1. The spouses must be legally married. If not the situation may only give rise to the mitigating circumstance of
Passion or Obfuscation
2. In case the accused is the husband, he should not have promoted or facilitated the prostitution of his wife or
daughter, or that the accused spouses had not consented to the infidelity of the other spouse.
3. Meaning of the phrase” having surprised” (or element of surprise):
a). They were the offending spouses with the partner or the daughter and her seducer who were caught by
surprise. The phrase does not refer to the accused spouse
b). This includes the situation where the offended spouse had prior suspicion or knowledge of the infidelity but
simply resorted to a strategy to catch the guilty parties spouse in flagranti
c). The surprise must take place in the very act of sexual intercourse, during the criminal conversation, not
during the preparatory acts or after the sexual act
4. At what point must the killing of wounding take place? It must be either:
a). During the discovery: i.e simultaneously with the discovery
b). Or immediately thereafter:
(i). The strict traditional view held that there be no lapse of time from the discovery to the killing.
(ii). However, the better view is that Article 247 applies so long as there was no unnecessary interruption or
break from the time of discovery to the pursuit and then to the moment of the killing or wounding. The
discovery, pursuit, and killing must be one continuous process.
(iii). In the case of PP. vs. Abarca ( 153 SCRA 735) (one hour passed from the time of discovery to the time
the accused went to look for a weapon, returned to look for the accused until he saw him inside a house
playing mahjong) Article 247 was applied because although an interval of time elapsed, the law however
does not require the killing to be instantly or simultaneous with the discovery, so long as the killing was the
proximate result of the outrage which overwhelmed the accused or that the killing was when the accused
was still acting under the influence of the infidelity
5. With respect to the killing of the daughter and her seducer, the daughter must be a minor and the sexual
intercourse must be in the dwelling of the accused parent and not elsewhere

Effect if third persons are killed or wounded:

1. Per PP. vs. Abarca, a complex crime does not arise if a third person is killed or wounded from the act of the
accused in shooting at the guilty spouse or the latter’s partner, but the accused may be held liable for reckless
imprudence
2.Example: The accused shot at the offending spouse and partner but the bullet exited and killed a Peeping Tom. If it
was proven the killing falls under Article 247, the accused will be liable for the death of the Peeping Tom only if it
was proven his presence was known to the accused and who did not take precautions to see that other people will
not be hit by the bullet.

ACCESSORIES
Art. 19 RPC. Accessories. — Accessories are those who, having knowledge of the commission of the crime, and
without having participated therein, either as principals or accomplices, take part subsequent to its commission in
any of the following manners: chan robles virtual law library
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its
discovery.
 3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts
with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

Art. 20, RPC. Accessories who are exempt from criminal liability. — The penalties prescribed for accessories shall not
be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of
accessories falling within the provisions of paragraph 1 of the next preceding article.