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Midterm Reviewer for Criminal Law

Midterm Reviewer for Criminal Law

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Published by kathleenanne2
criminal law
criminal law

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Published by: kathleenanne2 on Sep 25, 2009
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02/01/2013

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Midterm Reviewer for Criminal Law
Chapter ThreeCIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY 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 notattendant.2. That the offender is
 
under eighteen years of age or over seventy years. In thecase of the minor, he shall be proceeded against in accordance with the provisionsof Art. 80.3. That the offender had no intention to commit so grave a wrong as thatcommitted.4. That sufficient provocation or threat on the part of the offended partyimmediately preceded the act.5. That the act was committed in the immediate vindication of a grave offense tothe one committing the felony (
delito
), his spouse, ascendants, or relatives byaffinity within the same degrees.6. That of having acted upon an impulse so powerful as naturally to have producedpassion or obfuscation.7. That the offender had voluntarily surrendered himself to a person in authority orhis agents, or that he had voluntarily confessed his guilt before the court prior tothe presentation of the evidence for the prosecution;8. That the offender is deaf and dumb, blind or otherwise suffering some physicaldefect which thus restricts his means of action, defense, or communications withhis 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 acts10. And, finally, any other circumstances of a similar nature and analogous tothose above mentioned.
Par 1 – reference to justifying/exempting circumstances but not all requisites to exempt/justify arepresent
Self-defense, defense of relative and of stranger (Art 11 par 1-3)
Unlawful aggression is present but the 2 other requisites (reasonable necessity & sufficientprovocation) are not.
avoidance of greater evil (Art 11 par 4)
if any of the last 2 requisites is absent-mitigating
fulfillment of duty/lawful exercise of a right or office
when only 1 out of the 2 requisites is present. (lawful exercise of duty & injury is necessary
obedience to a superior (Art 11 par 6
requisites: command is issued by superior, order is lawful and means is lawful
9-15 yrs old (Art 12 par 3)
acted with discernment
by accident (Art. 12 par 4)
requisites:
performing lawful act
with due care
causes injury to another by mere accident
w/o fault or intention
if 2
nd
req & 1
st
part of 4
th
req = negligence/imprudence ->mitigating since penalty is lowerthan intentional felony
 
if 1
st
requisite & 2 and part of 4
th
requisite are absent = intentional felony. 2
nd
& 3
rd
req arenot present either
uncontrollable fear (Art 12 par 6)
only 1 of the 2 reqs should be present (threat is @ least = to the action, uncontrollablethreat)
Par 2 – under 18/ over 70 years of age
above 15 but below 18 and acted without discernment = exempting accd to RA 9344
if with discernment = diversion programsa.less than 6 yrs penalty – conduct mediation, family conferencing and conciliation
b.
victimless crimes (less than 6yrs) – social welfare & parents/guardians will meet todecidec.more than 6 yrs – diversion programs may be resorted only by the court
Par 3 – no intention to commit so grave a wrong
not appreciated when offender employed brute force such as choking a 6-yr old
mitigating in robbery w/ homicidewhen there is showing that there was no intention to kill the deceased when entering thehouse
not appreciated in treachery
not applicable in physical injuries, negligence, defamation, slander
Par 4 – sufficient provocation/threat from offended party immediately prior
Requisites:
provocation is sufficient
originated from offended party
provocation immediate preceded the act
Par 5 – immediate(proxima) vindication
difference with par 4 – required/allowed timeRequisites:
there is grave offense done to the offender or to his relatives
felony committed is in vindication of such grave offenseProvocation & vindication distinguished:
P is directed only to the offender; in V, grave offense may be committed also to the rel’s mentioned
P- need not be grave offense; V- there should be a grave offense committed by the offended partyto the offender
P should be immediate; V can be proximate only
difference of time is because it concerns the honor of the person
gravity of offense is determined by the social standing of the person, place, time of the insult
Par 6 – passion and obfuscation
Requisites:
accused acted upon an
impulse
impulse is so powerful that it produced passion/obfuscation in the offenderNo mitigating circumstance when:
the act is committed in the spirit of lawlessness
done in revenge
when relationship is illegitimate – not mitigating
belief of the offender can be entertained when it is in good faith
offender suffers from diminution of intelligence and intent
Par 7 – offender voluntarily surrendered or voluntarily confessed before presentation of evidence
Requisites:
has bot yet been actually arrested
surrendered to person in authority or to its agents
surrender was voluntary (and unconditionally
warrant of arrest was not yet served
not just the weapons
withdrawal of plea before the presentation of evidence is accepted
not mitigating in culpable felonies
Par 8 – deaf, dumb, blind or any physical defect that restricts action, defense or communication
 
diminution of that voluntariness
does not create distinction of educated/uneducated deaf-mute or blind
Par 9 – illness which diminishes exercise of will-power but not consciousness
ex. neurosis, mild behavior disorder, feeblemindedness, schizo
Par 10 – any other circumstance of a similar nature and analogous
over 60 with failing eyesight – similar to par 2
battered wife syndrome – similar to diminution of will power
voluntary restitution of a stolen property – similar to voluntary surrender
Chapter FourCIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY
 
Art. 14-
 Aggravating circumstances.
— The following are aggravating circumstances:1. That advantage be taken by the offender of his public position.2. That the crime be committed in contempt or with insult to the public authorities.3. That the act be committed with insult or in disregard of the respect due theoffended party on account of his rank, age, or sex, or that is be committed in thedwelling of the offended party, if the latter has not given provocation.4. That the act be committed with abuse of confidence or obvious ungratefulness.5. That the crime be committed in the palace of the Chief Executive or in hispresence, or where public authorities are engaged in the discharge of their duties,or in a place dedicated to religious worship.6. That the crime be committed in the night time, or in an uninhabited place, or bya band, whenever such circumstances may facilitate the commission of the offense.Whenever more than three armed malefactors shall have acted together in thecommission of an offense, it shall be deemed to have been committed by a band.7. That the crime be committed on the occasion of a conflagration, shipwreck,earthquake, epidemic or other calamity or misfortune.8. That the crime be committed with the aid of armed men or persons who insureor afford impunity.9. That the accused is a recidivist.A recidivist is one who, at the time of his trial for one crime, shall have beenpreviously convicted by final judgment of another crime embraced in the same titleof this Code.10. That the offender has been previously punished by an offense to which the lawattaches an equal or greater penalty or for two or more crimes to which it attachesa lighter penalty.11. That the crime be committed in consideration of a price, reward, or promise.12. That the crime be committed by means of inundation, fire, poison, explosion,stranding of a vessel or international damage thereto, derailment of a locomotive,or by the use of any other artifice involving great waste and ruin.13. That the act be committed with evidence premeditation.14. That the craft, fraud or disguise be employed
. (continued in Endterm)
Par 1 – advantage in public position
offender must be a public officer (policeman, congressman, etc)
should take advantage of his position’s influence
wearing/not wearing of uniform is immaterial
Par 2 – in contempt or insult to public authorities
chief of police is not a public authority (must be a mayor, gov, brgy capt, etc)
knowledge of the presence is essential

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