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CRIMINAL LAW I

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Coverage of Criminal Law I

 Art. 1-2: Preliminary Title: Date of


Effectiveness and Application of the
Provisions of this (RPC) Code
 Art. 3-15: Title One: Felonies and
Circumstances which Affect Criminal
Liability
 Art. 16-20: Title Two: Persons Criminally
Liable for Felonies

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 Art. 21-88: Title Three: Penalties
 Art. 89-99: Title Four: Extinction of
Criminal Liability
 Art. 100-113: Title Five: Civil Liability

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Definition of Criminal Law
It is that branch of law which defines
crimes, treats of their nature and provides
for their punishment.

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Types of Crimes
 Felony – punishable by the Revised Penal
Code (RPC)
 Offense – punishable by Special Laws
 Infraction – punishable by city/municipal
ordinance

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Sources of Criminal Law
 Spanish Codigo Penal
 Revised Penal Code (Act 3815, enacted
December 8, 1930 and took effect on
January 1, 1932)
 Special Penal Laws (Commonwealth Acts,
Republic Acts, Presidential Decrees,
Executive Orders, and Batas Pambansa)

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Power to Define and
Punish Act as Crime
This power is vested upon the Legislative
Branch of Government. In many instances in
our history, however, this power was also
exercised by the Executive Branch. Thus, we
have Commonwealth Acts, Presidential
Decrees and Executive Orders.

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Limitations on Power to
Enact Penal Laws
 Penal laws must be general in application.
 Penal laws must not partake the nature of
an EX POST FACTO LAW – a law that
punishes an act or omission done before
the effectivity date of the law.
 Penal laws must not partake the nature of
a BILL OF ATTAINDER – one which
punishes without the benefit of due
process.

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 Penal laws must not impose cruel and
unusual punishment nor excessive fines.

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Characteristics of Criminal Law
 Generality
 Territoriality
 Prospectivity

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Generality
It means that the criminal law of the
country governs all persons within the
country regardless of their race, belief, sex,
or creed.
It is subject to certain EXCEPTIONS by
INTERNATIONAL AGREEMENT.

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Exceptions to Generality
Effect of exceptions: Persons covered are
immune from criminal prosecution.
These persons include: (1) heads of
states, (2) ambassadors, and (3) other
diplomatic officials

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Territoriality
Penal laws of the country have force and
effect only WITHIN its TERRITORY.
It is subject to certain exceptions by
international agreements and practice.
Meaning, penal laws may apply OUTSIDE of
its TERRITORY.

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Composition of Territory
 Territorial Jurisdiction: The jurisdiction
exercised of a country over bodies of land,
defined in the Constitution.
 Fluvial Jurisdiction: The jurisdiction over
maritime and interior waters.
 Aerial Jurisdiction: The jurisdiction over
the atmosphere.

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Exceptions to Territoriality
This is taken up in Art. 2 of the Revised
Penal Code (RPC).

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Prospectivity
It means that acts or omissions will only
be subject to a penal law if they are
committed after a penal law had already
taken effect.
It is subject to certain EXCEPTIONS.

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Exceptions to Prospectivity
Effect: The law may be given retroactive effect,
that is, the (new) law may apply to those persons
covered under the old law, provided the following
are present:
 The (new) law is favorable to the offender;

 The offender is not a habitual delinquent; and

 There is no provision in the (new) law against its

retroactive application.

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Philosophies underlying
Criminal Law System
 Classical/Juristic Philosophy
 Positivist/Realistic Philosophy
 Eclectic/Mixed Philosophy

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Classical/Juristic Philosophy
 “An eye for an eye, a tooth for a tooth”
philosophy.
 The purpose of penalty is RETRIBUTION.
 The offender is made to suffer for the
wrong he has done.
 There is scant regard for the human
element of the crime. The law does not
look into why the offender committed the
crime.

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 Capital punishment is a product of this
kind of this school of thought.
 Man is regarded as a moral creature who
understands right from wrong. So that
when he commits a wrong, he must be
prepared to accept the punishment
therefor.

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Positivist/Realistic Philosophy
 The purpose of penalty is REFORMATION.
 There is great respect for the human
element because the offender is regarded
as socially sick who needs treatment not
punishment.
 Crimes are regarded as social phenomena
which constrain a person to do wrong
although not of his own volition.

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Eclectic/Mixed Philosophy
This combines both positivist and classical
thinking. Crimes that are economic and
social nature should be dealt with in a
positivist manner, thus the law is more
compassionate. Heinous crimes should be
dealt with in a classical manner, thus capital
punishment.

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Mala In Se and Mala Prohibita
Mala in se literally means that the act is
inherently evil or bad or per se wrongful.
Mala prohibita are said to be crimes which
become wrong only because a law punishes
the same.

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Effectivity Date of RPC
Act 3815, otherwise known as the
Revised Penal Code of the Philippines (RPC)
took effect on January 1, 1932 (Art. 1, RPC).
This law was approved on December 8,
1930.

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Application of RPC (Art. 2)
The provision in Art. 2 embraces 2 scopes
of application.
 Intraterritorial – refers to the application

of the RPC within the Philippine


territory.
 Extraterritorial – application of the RPC

outside Philippine territory

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Extraterritorial – Exception
to Territoriality
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
preceding number;

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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.

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Philippine Ship or Airship
A vessel is considered a Philippine Ship
only when it is registered in accordance with
Philippine laws. Under International Law, as
long as such vessel is not within the
territorial waters of a foreign country,
Philippine laws shall govern.

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Crimes on Philippine Ship or
Airship
 If within Philippine waters/atmosphere –
Philippines has jurisdiction.
 If on the High Seas (International waters)
– Philippines has jurisdiction.
 If within the territorial waters or
atmosphere of a foreign country –
jurisdiction is dependent on what rule –
English or French Rule – adopted by the
foreign country.

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Crimes on Foreign Merchant
Vessel
 If within Philippine waters – Philippines
has jurisdiction.
 If on the High Seas (International waters)
– country of origin of vessel has
jurisdiction.

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Crimes on Foreign Vessel – Not
Triable in Our Courts
A foreign WAR vessel is part of the
sovereignty of the country to whose naval
force it belongs. As such, crimes committed
on board the said war vessel, even if within
our territorial waters, are not triable in our
courts.

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Two Rules/Theories Re Crime on
Board Foreign Merchant Vessel
 French Rule
 English Rule

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French Rule
The crime is triable in the country of
origin of the vessel, except if it affects the
NATIONAL SECURITY of the country where
such vessel is within jurisdiction.

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English Rule
The law of the foreign country where a
foreign vessel is within its jurisdiction is
strictly applied, except if the crime affects
only the INTERNAL MANAGEMENT of the
vessel. In which case, it is subject to the
penal law of the country where it is
registered.

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Important Note
 The Philippines adopts the English Rule
 The English Rule and French Rule apply only to
a foreign MERCHANT vessel if a crime was
committed aboard that vessel while it was in the
territorial waters of another country. If that
vessel is in the high seas or open seas, there is
no occasion to apply the two rules. If it is not
within the jurisdiction of any country, these rules
will not apply.

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Definition of Felony (Art. 3)
Felonies refer to acts or omission
punishable by law (RPC).
The term felony is limited only to
violations of the RPC.

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Importance of Definition
This is important because there are
certain provisions in the RPC where the term
felony is used. That means the provision is
not extended to crimes under special laws.
Example
A specific instance is found in Art. 160 –
Quasi-Recidivism:
“A person who shall commit a felony after
having been convicted by final judgment
before beginning to serve sentence or while
serving the same, shall be punished under
the maximum period of the penalty.”
The word felony is used.

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Situation
If a prisoner serving sentence was found
possessing dangerous drugs, can he be
considered a quasi-recidivist?

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Answer
No. Violation of the Dangerous Drugs Act
is not a felony.
The provision of Art. 160 specifically
refers to a felony and felonies – those acts
and omissions punished under the RPC.

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Elements of Felonies
 That there must be an act or omission.
 That the act or omission must be
punishable by the Revised Penal Code.
 That the act is performed or the omission
incurred by means of dolo or culpa.

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Act to Be Punishable
An act is any bodily movement tending to
produce some effect in the external world.
To constitute a felony, the act must be:
 Punishable by the Revised Penal Code
 Internal act, that is, a criminal intent, no
matter how bad, will never constitute a
felony.

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Meaning of Omission
It means inaction, the failure to perform a
positive duty which one is bound to do.
There must be a law requiring the doing or
performance of an act.

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Punishable by Law
 Based upon the maxim, NULLUM CRIMEN,
NULLA POENA SINE LEGE – there is no
crime where there is no law punishing it.
 Punished by the RPC and not by a special
law.

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Kinds of Felonies
 Intentional felonies
 Culpable felonies

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Meaning of Dolo
In the RPC, it is translated as DECEIT but
its correct meaning is DELIBERATE INTENT.

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Requisites of Dolo
 There must be FREEDOM on the part of
the offender while doing an act or
omitting to do a act.
 There must be INTELLIGENCE on the part
of the offender while doing an act or
omitting to do a act.
 There must be INTENT on the part of the
offender while doing an act or omitting to
do a act.

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There Is No Freedom
 A person who acts under the compulsion
of an irresistible force (Art. 12, par. 5).
 A person who acts under the impulse of

an uncontrollable fear of an equal or


greater injury (Art. 12, par. 6)
EFFECT: Offender is exempt from criminal
liability

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There Is No Intelligence
 Imbecile person
 Insane person
 Child 15 years old or under at the time of
the commission of the offense
 Child above 15 years old but under 18
years old, acting without discernment, at
the time of the commission of the offense.
EFFECT: Offender is exempt from criminal
liability

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There Is No Intent
 A person who caused an injury by mere accident
but without fault or intention of causing it (Art.
12, par. 4).
 Maxim: Actus non facit reum, nisi mens sit rea –
an act does not make a person a criminal unless
his mind be criminal.
 Maxim: Actus me invito factus non est meus
actus – an act done by me against my will is not
my act.
 Mistake of fact – Ah Chong Case

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Requisites of Mistake of Fact
 That the act done would have been lawful
had the facts been as the accused
believed them to be.
 That the intention of the accused in
performing the act should be lawful.
 That the mistake must be without fault or
carelessness on the part of the accused.

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Requisites of Culpa
 There must be FREEDOM on the part of the
offender while doing an act or omitting to do an
act.
 There must be INTELLIGENCE on the part of the
offender while doing an act or omitting to do an
act.
 There must be IMPRUDENCE, NEGLIGENCE or
LACK OF FORESIGHT or SKILL on the part of the
offender while doing an act or omitting to do an
act.

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Meaning of Imprudence
Imprudence indicates a deficiency of
action. Example:
If a person fails to take the necessary
precaution to avoid injury to person or
damage to property, there is imprudence.
Imprudence involves LACK OF SKILL.

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Meaning of Negligence
Negligence indicates a deficiency of
perception. Example:
If a person fails to pay proper attention
and to use due diligence in foreseeing the
injury or damage impending to be caused,
there is negligence. Negligence involves
LACK OF FORESIGHT.

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Motive vs. Intent
The moving power The purpose to use a
which impels one to particular means to
action for a definite effect result.
result.

Not essential element Essential element of a


of a crime, and hence, crime.
need not be proved for
purposes of conviction.

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Motive Is Important
 Where the identity of a person accused of
having committed a crime is in dispute.
 When there is doubt as to the identity of
the assailant.
 In ascertaining the truth between two
antagonistic theories or versions of the
killing.

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 Where the identification of the accused
proceeds from an unreliable source and
the testimony is inconclusive and not free
from doubt.
 Where there are no eyewitnesses to the
crime, and where suspicion is likely to fall
upon a number of persons.
 If the evidence is merely circumstantial.

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To Prove Motive
Motive is established by the testimony of
witnesses on the acts or statements of the
accused before or immediately after the
commission of the offense.

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Criminal Liability (Art. 4)
There are two situations contemplated under
this article whereby criminal liability shall be
incurred:
 Committing a felony (delito) although the wrongful
act done be different from that which he intended.
 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.

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Coverage of First Situation
The first situation covers even the
following:
 Error in personae or mistake in the identity of
the victim
 Aberratio ictus or mistake in the blow

 Praeter intentionem or the consequence


exceeded the intention
Note: In these three circumstances, the
offender is always liable.

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Example of Mistake in Identity
X intended to kill Y. So, he waited for the
latter to pass in one corner. When a person
resembling Y was approaching, X suddenly
fired his gun, hitting and killing the person.
It turned out to be Z.

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Effects of Error in Personae
 The offender is liable for the crime.
 Art. 49 of RPC applies, i.e., when the
crime intended is more serious than the
crime actually committed or vice-versa,
the penalty of the crime bearing the lesser
penalty will be imposed. But it will be
imposed in the maximum period.
(Discussed further in the topic:
PENALTIES.)

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Example of Aberratio Ictus
A fired his gun upon B. Because of poor
aim, it was C who was actually hit.
Note the following possible effects of the
crime:
1. Upon B – Attempted Homicide or
Murder.
2. Upon C –
2.1 If C was killed – Homicide

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2.2 If C was wounded – Physical Injuries
(serious, less serious or slight physical injuries).
There cannot be an attempted or frustrated
homicide or murder because as far as C is
concerned, there is no intent to kill.
3. Possible Charge:
3.1 Complex Crime (Art. 36): Attempted
homicide/murder WITH serious or less serious
physical injuries – If C was seriously or less
seriously injured.
3.2 Two Crimes: Attempted homicide/murder
AND slight physical injuries.

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Effects of Aberratio Ictus
 Generally gives rise to COMPLEX CRIME.
 If there is complex crime, the penalty to

be imposed is the penalty for the more


serious crime in the maximum period.
 There cannot be a complex crime when

one of the felonies is a light felony.


NOTE: Grave, less grave and light felonies
are discussed in Art. 9.

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Example of Praeter Intentionem
G delivered a fist blow upon H. H fell to
the ground and hit his head on the
pavement, causing hemorrhage and
eventually his death. G is still liable for the
death of H although his intention is merely
to give a fist blow.

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Effect of Praeter Intentionem
 It is a mitigating circumstance, particularly
covered by par. 3 of Art. 13.

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Requisites of 1 Situation
st

 That an INTENTIONAL FELONY has been


committed; and
 That the WRONG DONE to the aggrieved
party be the DIRECT, NATURAL and
LOGICAL consequence of the felony
committed.

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Further Readings
 Examples of “wrong done must be the direct,
natural and logical consequence of felonious
act.”
 Examples of proximate cause.
 Cases where there is no efficient intervening
cause.
 Cases where there is no direct, natural and
logical consequence of the felony committed.
 Cases where there is no proximate cause.

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Requisites of 2 Situation
nd

The second situation talks about


IMPOSSIBLE CRIME. It has the following
requisites:
 That the act performed would be an

offense against persons or property.

 That the act was done with evil intent.

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 That its accomplishment is inherently
impossible, or that the means employed
is either inadequate or ineffectual.

 That the act performed should not


constitute a violation of another
provision of the Revised Penal Code.

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Felonies Covered in
Impossible Crime
 Felonies against persons
 Felonies against property

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Felonies against Persons
 Parricide (Art. 246)
 Murder (Art. 248)
 Homicide (Art. 249)
 Infanticide (Art. 255)
 Abortion (Arts. 256-259)
 Duel (Arts. 260 & 261)
 Physical injuries (Arts. 262-266)
 Rape (Arts. 266-A)

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Felonies against Property
 Robbery (Arts. 294, 297, 298, 299, 300,
302 and 303)
 Brigandage (Arts. 306 & 307)
 Theft (Arts. 308, 310 & 311)
 Usurpation (Arts. 312 & 313)
 Culpable insolvency (Art. 314)
 Swindling and other deceits (Arts. 315,
316, 317 & 318)

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 Chattel mortgage (Art. 319)
 Arson and other crimes involving
destruction (Arts. 320-326)
 Malicious mischief (Arts. 327-331)

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Examples of Impossible Crime
 When one tries to kill another by putting
in his soup a substance which he believes
to be arsenic when in fact it is common
salt.
 When one tries to murder a corpse.
 A fire at B, who was lying on bed, NOT
KNOWING that B was dead hours before.

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 A, with intent to gain, took a watch from
the pocket of B. When A had the watch in
his possession, he found out that it was
the watch which he had lost a week
before.
 An employee who, having known the safe
combination, opens the safe in the office
for the purpose of stealing money, but
who finds the safe empty.

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 A, determined to poison B, uses a small quantity
of arsenic by mixing it with the food given to B,
believing that the quantity employed by him is
sufficient. But since in fact it is not sufficient, B
is not killed.
 A tried to kill B by putting in his soup a
substance which he thought was arsenic when in
fact it was sugar. B could not have been killed,
because the means employed was ineffectual.

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STAGES IN THE COMMISSION
OF A FELONY (Art. 6)
 Consummated felony
 Frustrated felony
 Attempted felon

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Consummated Felony
Consummated felony – A felony is
consummated when all the elements
necessary for its execution and
accomplishment are present.

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Frustrated Felony
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.

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Attempted Felony
There is an attempt when the offender
commences the commission of a felony
directly overt acts, and does not perform all
the acts of execution which should produce
the felony by reason of some cause or
accident other than his own spontaneous
desistance.

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Development of Crime
 INTERNAL ACTS – not punishable as they
are merely in the mind of a person
 EXTERNAL ACTS –
 Preparatory acts – usually not punishable such
as proposal and conspiracy to commit a
felony, except in cases where the law
provides punishment.
 Acts of execution – punishable under the
Revised Penal Code. Has reference to acts of
execution: attempted, frustrated and
consummated

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Elements of Attempted Felony
 The 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;
 The offender’s act is not stopped by his
own spontaneous desistance;

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 The non-performance of all acts of
execution was due to cause or accident
other than his spontaneous desistance

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Examples of Attempted Felony
 A picked the pocket of B, inside of which
there was a wallet containing P50.00.
Before A could remove it from the pocket
of B, the latter grabbed A’s hand and
prevented him from taking it. In this case,
A failed to perform all the acts of
execution, that is, taking the wallet,
because of a cause, that is the timely
discovery by B of the overt act of A.

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 A aimed his pistol at B to kill the latter, but
when he pressed the trigger it jammed
and no bullet was fired from the pistol.

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Spontaneous Desistance -
Meaning
It refers to the act of would-be offender
in not pursuing the performance of all the
acts of execution.
Under the definition of an attempted
felony, the reason the offender does not
perform all the acts of execution SHOULD
NOT BE by his own SPONTANEOUS
DESISTANCE. Otherwise, he will not be
liable for an attempted felony.

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Example of Spontaneous
Desistance
 One who takes part in planning a criminal
act but desists in its actual commission is
EXEMPT from CRIMINAL LIABILITY.

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When There Is No Spontaneous
Desistance
 A stole a chicken under the house of B
one evening. Realizing that what he did
was wrong, A returned the chicken to the
place under the house of B. Since the
crime of theft was already consummated,
the return of the stolen property does not
relieve A of criminal responsibility. A had
already performed all the acts of execution
which produced the crime of theft before
he returned the chicken.

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 A attacked and wounded B in the abdomen with
a sharp-edged weapon, causing a wound serious
enough to have produced death. A was about to
assault B again; but this time, A desisted and
left B. B was take to the hospital by another
person. Because of the timely and skillful
medical treatment by a physician, B did not die.
It will be noted that when A desisted, he had
already inflicted a mortal wound on B, which
could have produced his death were it not for
the timely intervention of a physician. A is liable
for frustrated homicide.

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 A, with intent to kill, fired his pistol at B,
but did not hit the latter. B cried and
asked A not to shoot him. A desisted from
firing his pistol again at B. Is A criminally
liable? Yes, not for attempted homicide
because he desisted before he could
perform all the acts of execution, but for
grave threats which was already
committed by him when he desisted.

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Elements of Frustrated Felony
 The offender performs all the acts
execution;
 All the acts performed would produce the
felony as a consequence;
 But the felony is not produced;
 By reason of causes independent of the
will of the perpetrator.

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Examples of Frustrated Felony
 A stabbed B in the abdomen, penetrating
the liver, and in the chest. B did not die
because of prompt and skillful treatment
that he received.
 A wounded B in the left abdomen with a
sharp-edged weapon, causing a wound in
the peritonial cavity, serious enough to
have produced death.

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 A in firing his revolver at B hit him in the
upper side of the body, piercing it from
side to side and perforating the lungs. B
was saved due to adequate and timely
intervention of medical science.

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No Mortal Wound - Attempted
 X threw Y into the deep water, and as Y
did not know how to swim, he made
efforts to keep himself afloat and seized
the gunwale of the boat, but X tried to
loosen the hold of Y with the oar. X was
prevented from striking the latter by other
persons. Since X had the intent to kill Y,
the former actually committed attempted
homicide against the latter.

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 W fired four successive shots at V while
the latter was fleeing to escape from his
assailants and save his own life. Not
having hit V, either because of his poor
aim or because his intended victim
succeeded in dodging the shots, W failed
to perform all the acts of execution by
reason of a cause other than his
spontaneous desistance.

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 Two physicians called to the witness stand
by the prosecution could not agree that
the wounds inflicted upon the complainant
would cause death. One of themtestified
that the wounds were not serious enough
to produce death even if no medical
assistance had been given to the offended
party.

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 The head of the offended party was
merely grazed by the shot which hit him,
the would being far from fatal.

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Crime Is Not Produced
 Because of the timely intervention of a
third person – FRUSTRATED FELONY.
 Because the offender himself prevented its
consummation, there is NO FRUSTRATED
FELONY.

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Case Study
A doctor conceived the idea of killing his
wife, and to carry out his plan, he mixed
arsenic with the soup of his victim.
Immediately after the victim took the
poisonous food, the offender suddenly felt
such a twinge of conscience that he himself
washed out the stomach of the victim and
administered to her the adequate antidote.
Would this be a frustrated parricide?

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Determining Stage of Execution
 The nature of the offense;
 The elements constituting the felony; and
 The manner of committing the felony.

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Nature of Crime
 Arson – It is NOT NECESSARY that the
PROPERTY is TOTALLY DESTROYED by
fire. Consummated: even if only any part
of the house is burned. Frustrated: there
is burning but no part of the house began
to burn. Attempted: act of setting fire but
apprehended.

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Elements Constituting the Felony
 Theft – consummated when thief is able
to TAKE HOLD or GET HOLD of the thing
belonging to another, even if he is not
able to carry it away. EXCEPTION: the
thing is stolen from a compound, room, or
container. In such a case, the thing must
be taken out from a compound, room, or
container.

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Under the American common law, the
crime of larceny which is equivalent to our
crime of theft here requires that the
offender must be able to carry away or
transport the thing being stolen. Without
that carrying away, the larceny cannot be
consummated.

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 Estafa – Consummated: there must be
DAMAGE or MISAPPROPRIATION. If there
is no damage yet, the estafa can only be
frustrated or attempted.

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Example of Theft
 A took a leather belt from the baggage of
B and placed it in his drawer. It was
discovered later on by other persons.
Theft here is CONSUMMATED.
 The accused loaded boxes of rifle on their
truck. When they were on their way out of
the South Harbor, they were checked at
the checkpoint, so they were not able to
leave the compound. Theft here is
FRUSTRATED.
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 The accused was found inside a parked
deep of Captain Parker by an American
MP. The jeep’s padlock had been forced
open and lying between the front seats
and the gearshift was an iron bar. Captain
Parker was then inside a theater. Theft
here is ATTEMPTED.

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Example of Estafa
 The accused offered to give complainant a job
as office boy in Ft. McKinley with a salary of
P25.00, but he asked P3.80 for X-ray
examination. The representation of the accused
that the amount of P3.80 was for X-ray
examination was false. Complainant handed to
him P3.75 and while taking the remaining five
centavos from his pocket, a policeman placed
the accused under arrest. ESTAFA here is
FRUSTRATED.

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 The accused fraudulently assumed authority to
demand fees for the Bureau of Forestry, when
he noticed that a timber was cut in the forest by
the complainant without permit and used it in
building his house. the accused tried to collect
P6.00 from the complainant ostensibly to save
him from paying a fine and to prepare for him a
petition to obtain a permit to cut timber. The
complainant refused or was unable to give P6.00
to the accused. ESTAFA here is ATTEMPTED.

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The Nature of the Crime
In the crimes involving the taking of
human life: parricide, homicide, and
murder:
Consummated – Victim died.
Frustrated – Victim is MORTALLY
WOUNDED.
Attempted – Victim is NOT MORTALLY
WOUNDED.

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Exception
Subjective Stage: The Supreme Court
ruled that when the offender himself
believed that he had performed all the acts
of execution, even though no mortal wound
was inflicted, the act is already in the
FRUSTRATED STAGE

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Rape
 Consummated Rape – The accused lay on
top of a girl 9 years of age for over 15
minutes. The girl testified that there was
partial penetration of the male organ in
her private parts and that she felt intense
pain.

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 Frustrated Rape – The accused
endeavored to have sexual intercourse
with a girl 3 years and 11 months old.
There was doubt whether he succeeded in
penetrating the vagina. (Considered as a
“stray” decision inasmuch as it has not
been reiterated in the Court’s subsequent
decisions.

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 Attempted Rape – The accused placed
himself on top of a woman, and raising
her skirt in an effort to get his knees
between her legs while his hands held her
arms firmly, endeavoring to have sexual
intercourse with her, but not succeeding
because the offended party was able
extricate herself and to run away.

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When Light Felonies Are
Punishable (Art. 7)
Light felonies are those infractions of law
for the commission of which the penalty of
arresto menor or a fine not exceeding 200
pesos, or both, is provided. (Art. 9, par. 3)
The light felonies punished by the RPC:
 Slight physical injuries. (Art. 266)
 Theft. (Art. 309, pars. 7 & 8)
 Malicious mischief. (Arts. 328, par. 3;
Art. 329, par. 3)

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 Intriguing against honor. (Art. 364)
 Alteration of boundary marks (Art. 313)

The penalty for the above-mentioned


crimes is arresto menor (imprisonment from
one day to thirty days), or a fine not
exceeding P200.

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General Rule & Exception
Light felonies are punishable ONLY when
they have been consummated.
Exception: Light felonies committed
against persons or property, are punishable
even if ATTEMPTED or FRUSTRATED.

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Conspiracy & Proposal to Commit
Felony
General Rule:
Conspiracy and proposal to commit felony
are not punishable.
Exception:
They are punishable only in the cases
in which the law specially provides a
penalty therefor.

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Meaning of Conspiracy
Two or more persons come to an
agreement concerning the commission of a
felony and decide to commit it.

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Two Ways Conspiracy Exists
 There is agreement.
 The participants acted in concert or
simultaneously which is indicative of a
meeting of the minds towards a common
criminal goal or criminal objective.
Note: When several offenders act in a
synchronized, coordinated manner, the
fact that their acts complimented each
other is indicative of the meeting of the
minds. There is an implied agreement.
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Two Kinds of Conspiracy
 Conspiracy as a crime
 Conspiracy as a manner of incurring
criminal liability

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Conspiracy as a Crime:
Characteristics
 No overt act is necessary to bring about
the criminal liability.
 It is only true when the law expressly
punishes the mere conspiracy.

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Examples of Conspiracy as a
Crime
 Conspiracy to commit treason (Art. 115)
 Conspiracy to commit coup d’ etat,
rebellion or insurrection (Art. 136)
 Conspiracy to commit sedition (Art. 141)
 Monopolies and combinations in restraint
of trade (Art. 186)

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Case Study
 A and B agreed and decided to rise
publicly and take up arms against the
government with the help of their
followers. Even if they did not carry out
their plan to overthrow the government, A
and B are liable for conspiracy to commit
rebellion under Art. 136 of the RPC.

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Note:
If A and B and their followers did rise
publicly and take arms against the
government to overthrow it, thereby
committing rebellion, their conspiracy is not
a felony. They are liable for rebellion and
their conspiracy is only a manner of
incurring criminal liability for rebellion.

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Conspiracy as a Manner of
Incurring Criminal Liability
The law does not punish mere conspiracy
to commit crimes (except in cases where the
law provides punishment therefor). It is
necessary that the conspirators carry out
what has been agreed upon. In this case,
CONSPIRACY determines the criminal
liability of the offenders.

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Case Study
 A, B, and C, after having conceived a
criminal plan, got together, agreed and
decided to kill D. If A, B and C failed to
carry out the plan for some reason or
another, they are not liable for having
conspired against D, because the crime
they conspired to commit, which is
murder; is not treason, rebellion or
sedition.

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Note:
If they carried out the plan and personally
took part in its execution which resulted in
the killing of D, they are all liable for
murder; even if A merely acted as guard
outside the house where D was killed and B
merely held the arms of D when C stabbed
him to death.

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Requisites of Conspiracy
 That two or more persons came to an
agreement;
 That the agreement concerned the
commission of a felony; and
 That the execution of the felony be
decided upon.

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Meaning of Proposal
A person who has decided to commit a
felony proposes its execution to some other
person or persons.

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Examples of Proposal as a Crime
 Proposal to commit treason (Art. 115)
 Proposal to commit coup d’ etat, rebellion
or insurrection (Art. 136)

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Cases Study
 A desires that the present government be
overthrown. But A is afraid to do it himself
with others. A then suggests the
overthrowing of the government to some
desperate people who will do it at the
slightest provocation. In this case, A is not
liable for proposal to commit rebellion,
because A has not decided to commit it.

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 A conceived the idea of overthrowing the
present government. A called several of
his trusted followers and instructed them
to go around the country and secretly to
organize groups and to convince them of
the necessity of having a new
government. Note that what A proposed in
this case is not the execution of the crime
of rebellion, but the performance of
preparatory acts for the commission of
rebellion. Therefore, there is no proposal.

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Classification of Felonies
According to their Gravity (Art. 9)
 Grave felonies – 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.

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 Less grave – those to which the law
punishes with penalties which in their
maximum period are correctional, in
accordance with Art. 25 of this Code.

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 Light felonies – those infractions of law for
the commission of which the penalty of
arresto menor or a fine not exceeding 200
pesos, or both, is provided.

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Capital Punishment
Capital punishment is death penalty.

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Afflictive Penalties
The afflictive penalties in accordance with
Art. 25 of this Code are:
 Reclusion perpetua
 Reclusion temporal
 Perpetual or temporary absolute
disqualification
 Perpetual or temporary special
disqualification,
 Prision mayor

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Correctional Penalties
The following are correctional penalties:
 Prision correccional

 Arresto mayor

 Suspension

 Destierro

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Circumstances Affecting
Criminal Liability

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 Justifying circumstances (Art. 11)
 Exempting circumstances (Art. 12), and
other absolutory causes (Arts. 20; 124,
last par.; 280, last par.; 332; 344; etc.)
 Mitigating circumstances (Art. 13)
 Aggravating circumstances (Art. 14)
 Alternative circumstances (Art. 15)

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Justifying Circumstances (Art. 11)
 Definition: Those where the act of a
persons is said to be in accordance with
law, so that such person is deemed not to
have transgressed the law and is free
from both criminal and civil liability.
 Effect: There is no civil liability, except in
par. 4, where the civil liability is borne by
the persons benefited by the act.

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 Basis of justifying circumstances: The law
recognizes the non-existence of a crime by
expressly stating in the opening sentence
of Art. 11 that the persons therein
mentioned “do not incur any criminal
liability.”

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Burden of Proof
The burden of proof in proving the
existence of justifying circumstances lies
upon the accused.

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Types of Justifying Circumstances
 Self-defense
 Defense of relative
 Defense of stranger
 Avoidance of greater evil or injury
 Fulfillment of duty or lawful exercise of
right or office
 Obedience to an order issued for some
lawful purpose

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Self-Defense (Art. 11, par.1)
Requisites of Self-Defense:
 Unlawful aggression;

 Reasonable necessity of the means

employed to prevent or repel it; and


 Lack of sufficient provocation on the

part of the part of the person defending


himself

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Kinds of Aggression
 Lawful – fulfillment of a duty or the
exercise of a right in a more or less violent
manner is an AGGRESSION.
 Unlawful – contemplated in Art. 11 that
entitles a person to self-defense

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Examples of Lawful Aggression
 The act of a chief of police who used violence by
throwing stones at the accused when the latter
was running away from him to elude arrest for a
crime committed in his presence.
 The act of a policeman who, after firing five
cautionary shots into the air, aimed directly at
the escaping detainee when he had already
reasons to fear that the latter would be able to
elude him and his pursuing companions.

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Unlawful Aggression: Characteristics

 An indispensable requisite – For self-


defense to exist, unlawful aggression must
be present.
 Must be unlawful

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Meaning of Unlawful Aggression
 An assault or at least threatened assault
of an immediate and imminent kind.
 The peril to one’s life, limb or right is
either actual or imminent.
 Actual physical assault upon a person, or
at least a threat to inflict real injury.
 Threat must be offensive and positively
strong, showing the wrongful intent to
cause an injury.

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Rights Included in Self-Defense
 Defense of right to chastity
 Defense of right to honor
 Defense of right to property
 Defense of home

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Examples of Defense of Chastity
 Embracing a woman, touching her private
parts and her breasts, and throwing her to
the ground for the purpose of raping her
in an uninhibited place when it was
twilight, constitute an attack upon her
honor and, therefore, an unlawful
aggression.

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 Placing of hand by a man on the woman’s
upper thigh is unlawful aggression.

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Example of Defense of Property
 Defense of property can be invoked as a
justifying circumstance only when it is
coupled with an attack on the person of
one entrusted with said property.

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Example of Defense of Home
 Violent entry to another’s house at
nighttime, by a person who is armed with
a bolo, and forcing his way into the house,
shows he was already and looking for
trouble, and the manner of his entry
constitutes an act of aggression. The
owner of the house need not wait for a
blow before repelling the aggression, as
that blow may prove fatal.
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Meaning of Reasonable Necessity
to Prevent or Repel It.
 It refers to the act of one defending
against unlawful aggression. The act could
be to PREVENT or to REPEL the
UNLAWFUL AGGRESSION.

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Means Employed: When
Reasonable
 Nature and quality of the weapon used by
the aggressor,
 His physical condition,
 His character,
 His size, and
 Other circumstances, those of the person
defending himself, and
 The place and occasion of the assault.

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Reasonable Necessity….How
Interpreted
 Liberally construed in favor of law-abiding
citizens – Applicable when a lawless
person attacks on the streets or
particularly in the victim’s home.
 One defending himself is a policeman – A
police officer is not required to afford a
person attacking him, the opportunity for
a fair and equal struggle. Reason: He is
duty-bound to OVERCOME his opponent.

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Lack of Sufficient Provocation of
One Defending Himself
The one defending himself must not have
given cause for the aggression by his unjust
conduct or by inciting or provoking the
assailant.

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When Present
 When no provocation at all was given to
the aggressor by the person defending
himself; or
 When, even if a provocation was given, it
was not sufficient; or
 When, even if the provocation was
sufficient, it was not given by the person
defending himself;

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 When, even if a provocation was given by
the person defending himself, it was not
proximate and immediate to the act of
aggression.

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Defense of Relatives (Art. 11, par. 2)

 Spouse
 Ascendants
 Descendants
 Legitimate, natural or adopted brothers
and sisters, or relatives by affinity in the
same degrees.
 Relatives by consanguinity within the
fourth civil degree.

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Requisites
 Unlawful aggression
 Reasonable necessity of the means
employed to prevent or repel it; and
 In case the provocation was given by the
person attacked, the one making a
defense had no part therein.
NOTE: 1 & 2 requisites are the same with
self-defense.

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Examples of Defense of Relatives
 The accused who hacked the deceased at
the base of his neck when the latter was
forcibly abusing the former’s wife.

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 A challenged B to prove who of them was
the better man. When B picked up a bolo
and went after him, A took to flight. The B
pursued him and upon overtaking him
inflicted two wounds. C, father of A,
rushed to his son’s assistance and struck
with a cane the bolo from the hands of B.
A inflicted fatal wounds upon the B. While
the son was originally at fault for giving
provocation to B, yet the father was
justified in disarming the B, having acted
in lawful defense of his son.

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Defense of Stranger (Art. 11, par. 3)

 Unlawful aggression;
 Reasonable necessity of the means
employed to prevent or repel it; and
 The person defending be not induced by
revenge, resentment, or other evil motive.

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Examples of Defense of Stranger
 A was able to deprive B, a constabulary
lieutenant, of his pistol during the fray. B
ordered C, a constabulary soldier under
his command, to search A for the pistol.
When C was about to approach A to
search him, the latter stepped back and
shot at C who was able to avoid the shot.
When A was about to fire again at C, D
another constabulary soldier, fired at A
with his rifle which killed him.

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 A heard screams and cries for help. When
A responded, he saw B attacking his (B’s)
wife with a dagger: A approached B and
struggled for the possession of the
weapon, in the course of which A inflicted
wounds on B.

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Avoidance of Greater Evil or Injury
(Art. 11, par. 4)
Requisites:
 That the evil sought to be avoided

actually exists;
 That the injury feared be greater than

that done to avoid it; and


 That there be no other practical and less

harmful means of preventing it.

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Examples of Avoidance…
 The accused (a woman) who was about to be
married to the offended party eloped with
another man, after the offended party had made
preparations for the wedding, the Court holding
that there was necessity on the part of the
accused avoiding a loveless marriage with the
offended party, and that her refusal to marry
him and her eloping with the man whom she
loved were justified and did not amount to the
crime of slander by deed.

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 A person was driving his car on a narrow
road with due diligence and care when
suddenly he saw a “six by six” truck in
front of his car. If he would swerve his car
to the left he would fall into a precipice, or
if he would swerve it to the right he would
kill a passerby. He was forced to choose
between losing his life in the precipice or
sacrificing the life of the innocent
bystander. He chose the latter, swerved
his car to the right, ran over and killed the
passer-by.

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 Fire breaks out in a cluster of nipa houses,
and in order to prevent its spread to
adjacent houses of strong materials, the
surrounding nipa houses are pulled down.

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Fulfillment of Duty or Lawful
Exercise of Right or Office
Requisites:
 That the accused acted in the
performance of a duty or in the lawful
exercise of a right or office;
 That the injury caused or the offense
committed be the necessary
consequence of the due performance of
duty or the lawful exercise of such right
or office.

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Cases Study
 People vs. Felipe Delima (46 Phil. 738)
 Valcorza vs. People (30 SCRA 148-150)

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Obedience to an Order Issued for
Some Lawful Purpose
Requisites:
 That an order has been issued by a

superior;
 That such order must be for some

lawful purpose; and


 That the means used by the subordinate

to carry out said order is lawful.

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Supreme Court Ruling
 The subordinate is not liable for carrying
out an illegal order of his superior, if he is
not aware of the ILLEGALITY of the order
and he is NOT NEGLIGENT.

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Exempting Circumstances (Art. 12)
 Effect: NO CRIMINAL LIABILITY BUT
THERE IS CIVIL LIABILITY.
 Burden of Proof: Existence of exempting
circumstance must be proved by the
DEFENDANT to the satisfaction of the
court.

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Types
 Imbecility
 Insanity
 Minority
 Accident
 Irresistible force
 Uncontrollable fear
 Prevented by insuperable cause

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Imbecility (Art. 12, par. 1)
 Has an IQ of 7 years old.
 The intellectual deficiency is permanent.
 Exempt in all cases from criminal liability.

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Insanity (Art. 12, par. 1)
 To be exempting, the person must be
insane at the time of the commission of
the crime.
 The insane person is not exempt if it can
be shown that he acted during a lucid
interval.
 During lucid interval, the insane acts with
intelligence.

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Minority
 The age of absolute irresponsibility – Child
15 years old or under at the time of the
commission of the offense
 The age of conditional responsibility –
Child above 15 years old but under 18
years old, acting without discernment, at
the time of the commission of the offense.

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 The age of full responsibility – 18 or over
(adolescence) to 70 (maturity)
 The age of mitigated responsibility – over
15 years old but under 18 years old,
acting with discernment, at the time of the
commission of the offense; over 70 years
of age.
 Discernment – the mental capacity of a
minor to fully appreciate the
consequences of his lawful act.
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Accident (Art. 12, par. 4)
Elements:
 A person is performing a lawful act;

 With due care;

 He causes an injury to another by mere

accident;
 Without fault or intention of causing it.

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Meaning of Accident
An accident is something that happens
outside the sway of our will, and although it
comes about through some act of our will,
lies beyond the bounds of humanly
foreseeable consequences.
If the consequences are plainly
foreseeable, it will be a case of negligence.

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Example
The accused, while hunting, saw wild chickens
and fired a shot. The slug, after hitting a wild
chicken, recoiled and struck the tenant who was a
relative of the accused. The man who was injured
died.
If life is taken by misfortune or accident while
the actor is in the performance of a lawful act
executed with due care and without intention of
doing harm, there is no criminal liability.

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Irresistible Force (Art. 12, par. 5)
Elements:
 That the compulsion is by means of

physical force.
 That the physical force must be
irresistible.
 That the physical force must come from

a third person.

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Example
In the case of U.S. vs. Caballeros, et. al.,
4 Phil. 350, it appears that Baculi, one of the
accused who was not a member of the band
which murdered some American school-
teachers, was in a plantation gathering
bananas. Upon hearing the shooting, he
ran. However, Baculi was seen by the
leaders of the band who called him, and
striking him with the butts of their guns,
they compelled him to bury the bodies.

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Baculi was not criminally liable as
accessory for concealing the body of the
crime (Art. 19) of murder committed by the
band, because Baculi acted under the
compulsion of an irresistible force.

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Uncontrollable Fear (Art. 12, par.6)
Elements:
 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.
 That it promises an evil of such gravity

and imminence that the ordinary man


would have succumbed to it.

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Example
Liberato Exaltacion and Buenaventura
Tanchinco were compelled under fear of
death to swear allegiance to the Katipunan
whose purpose was to overthrow the
government by force of arms.
In this case, the accused cannot be held
criminally liable for rebellion, because they
joined the rebels under impulse of an
uncontrollable fear of an equal or greater
injury.
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Prevented by Insuperable Cause
(Art. 12, par. 7)
Elements:
 That an act is 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 or insuperable


cause.

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Example: Prevented by Some
Lawful Cause
A confessed to a Filipino priest that he
and several other persons were in
conspiracy against the Government. Under
Arts. 116, a Filipino citizen who knows of
such conspiracy must report the same to the
governor or fiscal of the province where he
resides.

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If the priest does not disclose and make
known the same to the proper authority, he
is exempt from criminal liability, because
under the law, the priest cannot be
compelled to reveal any information which
he came to know by reason of the
confession made to him in his professional
capacity.

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Example: Prevented by Some
Insuperable Cause
A mother who at the time of childbirth
was overcome by severe dizziness and
extreme debility, and left the child in a
thicket where said child died, is not liable for
infanticide, because it was physically
impossible for her to take home the child.
The severe dizziness and extreme debility
of the woman constitute an insuperable
cause.

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Absolutory Causes
They are those where the act committed
is a crime but for reasons of public policy
and sentiment there is no penalty imposed.

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 Art. 6. - The spontaneous desistance of
the person who commenced the
commission of a felony before he could
perform all the acts of execution.

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 Art. 20. - 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
with the provisions of paragraph 1 of the
next preceding article.
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The provisions of paragraph 1 of Art. 19
read, as follows:
"By profiting themselves or assisting the
offenders to profit by the effects of the
crime."

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 Art. 124, last paragraph. - The commission
of a crime, or violent insanity or any other
ailment requiring the compulsory
confinement of the patient in a hospital,
shall be considered legal grounds for the
detention of any person.

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 Art. 247, pars. 1 and 2. - 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.

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If he shall inflict upon them physical
injuries of any other kind, he shall be
exempt from punishment.

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Art. 280, par. 3. - The provisions of this
article (on trespass to dwelling) shall not be
applicable to any person who shall enter an­
other's dwelling for the purpose of
preventing some serious harm to himself,
the occupants of the dwelling or a third
person, nor shall it be applicable to any
person who shall enter a dwelling for the
pur­pose of rendering some service to
humanity or justice, nor to anyone who shall
enter cafes, taverns, inns and other public
houses, while the same are open.

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 Art. 332. - Persons exempt from criminal
liability. - No criminal, but only civil,
liability shall result from the commission of
the crime of theft, swindling or malicious
mischief committed or caused mutually by
the following persons:

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1. Spouses, ascendants and descendants,
or relatives by affinity in the same line;
2. The widowed spouse with respect to
the property which belonged to the
deceased spouse before the same shall
have passed into the possession of
another; and
3. Brothers and sisters and brothers-in-
law and sisters-in­law, if living together.

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 Art. 344, par. 4. - In cases of seduction,
abduction, acts of lasciviousness and rape,
the marriage of the offender with the
offended party shall extinguish the
criminal action or remit the penalty
already imposed upon him. The provisions
of this paragraph shall also be applicable
to the co-principals, accomplices and
accessories after the fact of the
abovementioned crimes.

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Instigation & Entrapment
In instigation, the criminal plan or design
exists in the mind of the law enforcer with
whom the person instigated cooperated so it
is said that the person instigated is acting
only as a mere instrument or tool of the law
enforcer in the performance of his duties.

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On the other hand, in entrapment, a
criminal design is already in the mind of the
person entrapped. It did not emanate from
the mind of the law enforcer entrapping
him. Entrapment involves only ways and
means which laid down or resorted to
facilitate the apprehension of the culprit.

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Complete Defenses in
Criminal Cases
1. Any of the essential elements of the crime
charged is not proved by the prosecution
and the elements proved do not
constitute any crime.
2. The act of the accused falls under any of
the justifying circum­stances. (Art. 11)
3. The case of the accused falls under any
of the exempting cir­cumstances. (Art. 12)

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4. The case is covered by any of the
absolutory causes:
a. Spontaneous desistance during
attempted stage (Art. 6), and no crime
under another provision of the Code or
other penal law is committed.
b. Light felony is only attempted or
frustrated, and is not against persons or
property. (Art. 7)

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c. The accessory is a relative of the
principal. (Art. 20)
d. Legal grounds for arbitrary detention.
(Art. 124)
e. Legal grounds for trespass. (Art. 280)
f. The crime of theft, swindling or
malicious mischief is committed
against a relative. (Art. 332)

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g. When only slight or less serious physical
injuries are inflicted by the person who
surprised his spouse or daughter in the
act of sexual intercourse with another
person. (Art. 247)
h. Marriage of the offender with the
offended party when the crime
committed is rape, abduction, seduction,
or acts of lasciviousness. (Art. 344)
i. Instigation.

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5. Guilt of the accused not established
beyond reasonable doubt.
6. Prescription of crimes. (Art. 89)
7. Pardon by the offended party before the
institution of criminal action in crime
against chastity. (Art. 344)

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Mitigating Circumstances (Art. 13)
Mitigating circumstances are those which,
if present in the commission of the crime,
do not entirely free the actor from criminal
liability, but serve only to reduce the
penalty.

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Classes of Mitigating
Circumstances
1. Ordinary mitigating - those enumerated
in subsections 1 to 10 of Article 13.
Those mentioned in subsection 1 of
Art. 13 are ordinary mitigating
circumstances, if Art. 69, for instance, is
not applicable.

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2. Privileged mitigating
a. Penalty to be imposed upon a person
under eighteen years of age. (Art. 68)
b. Penalty to be imposed when the crime
committed is not wholly excusable. (Art.
69)
c. When there are two or more
mitigating cir­cumstances and no
aggravating circumstances are present.
(Art. 64)
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Types of Mitigating Circumstances
(Art. 13)
 Incomplete justifying or exempting
circumstances (par. 1)
 Under 18 or over 70 years old (par. 2)
 No intention to commit so grave a wrong
(par. 3)
 Provocation or threat (par. 4)
 Vindication of grave offense (par. 5)
 Passion or obfuscation (par. 6)

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 Surrender and confession of guilt (par. 7)
 Physical defect (par. 8)
 Illness of the offender (par. 9)
 Similar and analogous circumstances (par.
10)

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Aggravating Circumstances (Art. 14)

Aggravating circumstances are those


which, if attendant in the commission of the
crime, serve to increase the penalty without,
however, exceeding the maximum of the
penalty provided by law for the offense.

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Kinds of Aggravating
Circumstances
 Generic – Those that can generally apply
to all crimes.
 Specific – Those that apply only to
particular crimes.
 Qualifying – Those that change the nature
of the crime.
 Inherent – Those that must of necessity
accompany the commission of the crime.

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Considered Generic
 Dwelling,
 Nighttime,
 Recidivism
NOTE: In Art. 14, the following are
considered generic aggravating: nos. 1, 2,
3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19 &
20, except “by means of motor vehicles.”

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Considered Specific
 Ignominy in crimes against chastity or
cruelty and treachery in crimes against
persons.
NOTE: In Art. 14, the following are
considered specific aggravating: nos. 3,
(except dwelling), 15, 16, 17 & 21.

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Considered Qualifying
 Alevosia (treachery) or evident
premeditation qualifies the killing of a
person to murder.
NOTE: Art. 248 enumerates the qualifying
aggravating circumstances which qualify
the killing of person to murder.

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Considered Inherent
 Evident premeditation is inherent in
robbery, theft, estafa, adultery and
concubinage.

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NOTE: Only generic aggravating and
qualifying circumstances will have the effect
of increasing the penalty.

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Nature of Generic
 If not offset by any mitigating
circumstances: increase penalty by
maximum period.
 Need not be alleged in the information to
be considered by the court.

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Nature of Qualifying
 Change the nature of crime, e.g. homicide
to murder.
 Must be alleged in the information to be
considered by court. Otherwise, it shall
only be considered GENERIC.

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Types of Aggravating
Circumstances (Art. 14)
 Advantage taken of public position (par. 1)
 Contempt or insult to public authorities
(par. 2)
 Disregard of rank, age, sex, or dwelling of
offended party (par. 3)
 Abuse of confidence and obvious
ungratefulness (par. 4)
 Palace and places of commission of
offense (par. 5)

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 Nighttime, uninhabited or band (par. 6)
 On occasion of calamity or misfortune
(par. 7)
 Aid of armed men, etc. (par. 8)
 Recidivist (par. 9)
 Reiteracion or habituality (par. 10)
 Price, reward or promise (par. 11)
 By means of inundation, fire, etc. (par. 12)

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 Evident premeditation (par. 13)
 Craft, fraud or disguise (par. 14)
 Superior strength or means to weaken
defense (par. 15)
 Treachery (par. 16)
 Ignominy (par. 17)
 Unlawful entry (par. 18)
 Breaking wall (par. 19)
 Aid of minor or by means of motor
vehicles (par. 20)
 Those peculiar to certain offenses

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Recidivism
Who is a recidivist? One who, at the time
of his trial for one crime, shall have been
previously convicted by final judgment of
another crime embraced in the same title of
the Revised Penal Code.

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Requisites of Recidivism
 That the offender is on trial for an
offense;
 That he was previously convicted by final
judgment of another crime;
 That both the first and the second
offenses are embraced in the same title of
the Code; and
 That the offender is convicted of the new
offense.

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Important Things to Remember in
Recidivism
 Need to allege recidivism in information,
exception: accused does not object or by
his own admission in his confession and
on the witness stand.
 Pardon does not obliterate the fact that
the accused was a recidivist; but amnesty
extinguishes the penalty and its effects.

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Reiteracion
Requisites:
 That the accused is on trial for an
offense;
 That he previously served sentence for
another offense to which the law
attaches an equal or greater penalty, or
for two or more crimes to which it
attaches lighter penalty than that for
the new offense; and
 That he is convicted of new offense.

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Habitual Delinquency
There is habitual delinquency when a
person, 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, robbery, theft, estafa or
falsification, is found guilty of any of said
crimes a third time or oftener. (Art. 62, last
paragraph).

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Quasi-Recidivism
Any person who shall commit a felony
after having been convicted by final
judgment, before beginning to serve such
sentence, or while serving the same, shall
be punished by the maximum period of the
penalty prescribed by law for the new
felony. (Art. 160)

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Aggravating Circumstances That
Would Qualify the Killing to Murder
Art. 248 enumerates the following:
1. With treachery, taking advantage of
superior strength, with the aid of armed
men, or employing means to weaken the
defense or of means or persons to insure
or afford impunity.
2. In consideration of a price, reward, or
promise.

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3. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
street car or locomotive, fall of an airship,
by means of motor vehicles, or with the
use of any other means involving great
waste and ruin.

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4. On occasion of any of the calamities
enumerated in the preceding paragraph,
or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or
other public calamity.

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5. With evident premeditation.
6. With cruelty, by deliberately and
inhumanly augmenting the suffering of
the victim, or outraging or scoffing at his
person or corpse.

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Alternative Circumstances (Art. 15)
Those which must be taken into
consideration as AGGRAVATING or
MITIGATING according to the nature and
effects of the crime and the other conditions
attending its commission.

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Types of Alternative Circumstances
 Relationship;
 Intoxication; and
 Degree of instruction and education of the
offender

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Relationship: When Considered
When the offended party is:
 Spouse,

 Ascendant,

 Descendant,

 Legitimate, natural, or adopted brother

or sister, or
 Relative by affinity in the same degree

of the offender.

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Relationship: When Mitigating
 Crimes against property, by analogy to the
provisions of Art. 332.
 Less serious physical injuries or slight
physical injuries: If the offended party is a
relative of a lower degree of the offender.
 Trespass to dwelling

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Relationship: When Aggravating
 Crimes against persons in cases where the
offended party is a relative of a HIGHER
DEGREE than the offender, or when the
offender and the offended party are
relatives of the same level, as killing a
brother, a brother-in-law, a half-brother,
or adopted brother.
EXCEPT: In any of the serious physical
injuries even if the offended party is a
descendant of the offender.
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 Serious physical injuries is committed by
the offender against his child, whether
legitimate, or any of his legitimate other
descendants, relationship is aggravating.
NOTE: Serious physical must not be
inflicted by a parent upon his child by
excessive chastisement.

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 Less serious physical injuries or slight
physical injuries: The offended party is a
relative of a higher degree of the ofender.
 Homicide or murder
 Crimes against chastity
NOTE: Relationship is neither mitigating
nor aggravating, when relationship is an
element of the offense.

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Intoxication: Mitigating or
Aggravating
 Mitigating – if the intoxication is not
habitual, or if intoxication is not
subsequent to the plan to commit a
felony.
 Aggravating – if intoxication is habitual, or
if it is intentional subsequent to the plan
to commit a felony.

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Degree of Instruction and
Education of the Offender
Low degree of instruction and education
or lack of it is generally mitigating. High
degree of instruction and education is
aggravating, when the offender avails
himself of his learning in committing the
crime.

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PERSONS CRIMINALLY
LIABLE FOR FELONIES

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Who Are Criminally Liable (Art. 6)
 Principals
 Accomplices
 accessories

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Criminally Liable for Light Felonies
 Principals
 Accomplices

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Rules Relative to Light Felonies:
 Light felonies are punishable only when
they have been consummated. (Art. 7)
 But when light felonies are committed
against persons or property, they are
punishable even if they are only in the
attempted or frustrated stage of
execution. (Art. 7)

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 Only principals and accomplices are liable
for light felonies. (Art. 16)
 Accessories are not liable for light felonies,
even if they are committed against
persons or property. (Art. 16)

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Principals (Art. 17)
 Principal by DIRECT PARTICIPATION – Those
who take a direct part in the execution of the
act;
 Principal by INDUCEMENT – Those who directly
force or induce others to commit it.
 Principal by INDESPENSABLE COOPERATION –
Those who cooperate in the in the commission
of the offense by another act without which it
would not have been accomplished.

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Accomplices (Art. 18)
Persons who, not being included in Art.
17, cooperate in the execution of the
offense by previous or simultaneous acts.

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Requisites for a Person to Be
Considered an Accomplice
 That there be community of design; that
is, knowing the criminal design of the
principal by direct participation, he
concurs with the latter in his purpose;
 That he cooperates in the execution of the
offense by previous or simultaneous acts,
with the intention of supplying material or
moral aid in the execution of the crime an
efficacious way; and

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 That there be a relation between the acts
done by the principal and those attributed
to the person charged as accomplice.

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Accessories (Art. 19)
An accessory does not participate in the
criminal design, nor cooperate in the
commission of the felony, but, with
knowledge of the commission of the crime,
he subsequently takes part in three ways:

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 By profiting from the effects of the crime;
 By concealing the body, effects or
instruments of the crime in order to
prevent its discovery; and
 By assisting in the escape or concealment
of the principal of the crime, provided he
acts with abuse of his public functions or
the principal 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.

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Heavy Penalties for Accessories in
Robbery and Theft
Those who profit from the effects of the
crime of ROBBERY and THEFT are
themselves principals in the crime punished
in Presidential Decree No. 1612, otherwise
known as “Anti-Fencing Law.”

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Accessories Who Are Exempt
from Criminal Liability (Art. 20)
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.

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