What are special laws?

-they are laws that define and penalize crimes not included in the RPC; they are different from those defined & punished therein. Are special laws subject to the provisions of RPC? When will SP be subjected to the provisions of the RPC? When not? - G.R: Special laws are not subject to the provisions of RPC (art. 10, par.1) 4. The circumstances affecting criminal liability (Arts. 11-15) are not applicable to the crimes committed under special laws.

for the offense. They are matters of defense which do not have to allege in the information. OMC lowers the penalty to the minimum period PMC lowers the penalty by one/ more degrees SMC applies to specific felony like concealment of dishonor in the case of abortion by the pregnant woman herself. Can either be OM/ PM depending upon the effect on the penalty. AC (14) those which show greater perversity of the offender, hence, they have the effect of increasing the penalty. GAC increase the penalty to the maximum period. Can be offset by OMC QAC cannot be offset by any MC; change the nature of the crime and designation SAC apply to a particular felony. Do not change the character of the offense charged but guide the court in imposing the proper penalty. Cannot be offset by OMC. IC element of the felony committed thus no longer considered against the offender in the determination of the penalty (art. 62, no.1) ALT.C (15) those which must be taken into consideration as AC or MC according to the nature and effects of the crime and other conditions attending its commission.

EXCEPTION: the RPC shall have supplementary application to the specials UNLESS the latter should specifically provide the contrary. (Art. 10 par.2) RPC suppletory to SP whenever the SP uses the nomenclature of the penalties in the RPC, indicating the intent of the Congress to make the Code apply suppletorily to such special laws (P v. Simon) UNLESS the contrary provides: RA 9165 (Comprehensive Dangerous Drugs Act) reverted back to non-RPC penalties, e.g., life imprisonment; it is now a purely special law. Hence, RPC has no suppletory effect.

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DIFFERENT MODIFYING CIRCUMSTANCES: 1. JC (11) do not incur criminal liability; those where the acts of the actors are in accordance with the law. since theres no crime, no criminal lialbility & hence no civil liability EC (12) although the act is criminal, the law exempts the actor from liability. A crime is committed but circumstances pertaining to the offender calls for his exemption from criminal liability. (note: that there is still civil liability except in accident & insuperable cause which is strictly are not criminal) MC (13) show the lesser perversity of the offender and has the effect of lowering the penalty prescribed

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JUSTIFYING CISRCUMSTANCES Circumstances

Self-defense anyone who acts in defense of his person or rights

Elements /Requisites
Unlawful aggression indispensable element. It must be actual, sudden, unexpected attack or imminent danger thereof. A mere threatening or intimidating attitude is not sufficient. Reasonable necessity of the means employed to

 Defense of relatives by affinity or consanguinity within 4 degree

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prevent or repel it. Lack of sufficient provocation on the part of te person defending himself. st nd 1 and 2 requisites prescribed in self-defense are present In case the provocation was given by the person attacked, that one making the defense had no part therein 1 and 2 requisites are present The person defending be not induced by revenge, resentment or other evil motive. The evil sought to be avoided actually exists The injury feared be greater than that done to avoid it No other practical and less harmful means of preventing it Offender acted in the performance of duty/ lawful exercise of a right or office Injury caused/offense committed is the necessary consequence of the due performance of such right or office. Order has been issued by the superior Order is for legal purpose Means used to carry out such order is lawful
st nd

Defense of strangers beyond 4 degree of consanguinity

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State of necessity * must not be caused by negligence or violation of the law of the actor otherwise cannot be invoked. Fulfillment of duty

Obedience to superior order

EXEMPTING CIRCUMSTANCES CIRCUMSTANCES

Insanity

ELEMENTS/ REQUISITES
There must be complete deprivation of intelligence in committing the act He acts without the least discernment There is total deprivation of freedom of the will * mere abnormality will not exclude imputability (P v. Danao) Same standards in respect of both insanity and imbecility obtain. ( P v. Buenaflor) A child 15 years or under at the time of the commission. However, he shall be subjected to an intervention program. Over 15 but below 18 unless he acted with discernment in which case he shall be subjected to diversion program under Sec. 23 Children under 18 are exempt from the following offenses: -status offenses -vagrancy & prostitution under Art. 202 -mendicancy under PD 1563 -sniffing of rugby under PD 1619 The accused was performing a lawful act with due care Injury is caused by mere accident There was no fault or intent of causing the injury * if act with fault, it will fall under culpa/ accident must not be foreseeable or there will be no criminal negligence Force must be physical, come from the outside force and accused must act AGAINST his will

Imbecility Minority (as amended by RA 9344 )

Accident

Compulsion of irresistible force

Impulse of uncontrollable fear

Insuperable or lawful cause

Actor must be reduced to a mere instrument (element of freedom is wanting) Duress, force, fear /intimidation must be present, imminent & impending as to induce a well grounded fear of death or serious bodily injury if the act is not done. Threat which caused the fear of an evil greater that or at least equal to that which the accused was required to commit It promised an evil of such gravity and imminence that the ordinary man would have succumbed to it. Fails to perform an act required by the law *Art. 125 provides for the number of hours when a person arrested must be delivered to the judicial authorities. Failure to do so on valid grounds will result to waiver of the provision of Art. 125

PENALTY TO BE IMPOSED WHEN THE CRIME COMMITTED IS NOT WHOLLY EXCUSABLE (69) -penalty lower by one or two degrees IF: Lack of some of the conditions required to justify the same/ exempt from criminal liability Majority of such conditions must be present Example: Appellant is guilty of 2 homicides. No QAC but extenuated by the PMC; 2GMC of voluntary surrender & passion and obfuscation Elements present: unlawful aggression on the part of the victim Lack of sufficient provocation on the part of the appellant -penalty for homicide is RT. considering that 2 out 3 elements for defense are present, penalty may be lowered by 2 degrees to PC. -Under 64(5) may further reduce to arresto mayor because of the presence of 2MCs and no AC

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