NNY¶s Reviewer Criminal Law Book 1 SAN BEDA LAW OBJECTIVES

Article 1. Time when Act takes effect. ² This Code shall take effect on the first day of January, nineteen hundred and thirty -two. Two Theories in Criminal Law 1. The classical theory 2. Positivist theory Characteristics of CT 1. The basis of CL is human free will and the purpose of the penalty is retribution. 2. The man is essentially a moral creature with an absolutely free will to choose between god and evil, thereby placing more stress upon the effect or result of the felonious act that upon the man, the criminal himself. 3. It has endeavored to establish a mechanical and direct proportion between crime and penalty. 4. There is a scant regard to the human element. Art. 2. Application of its provisions . ² Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its juris diction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;chan robles virtual law library 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or

5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. French rule - Such crimes are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered. English rule - Such crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof. FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Art. 3. Definitions. ² Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit ( dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. Felonies - Are acts and omissions punishable by the revised penal code. Elements of felonies: 1. That there must be an act or omission. 2. That the act or omission must be punishable by the Revised Penal Code. 3. That the act is performed or the omission incurred by means of Dolo or Culpa. Act
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Any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actually produced, as the possibility of its production is sufficient.

Omission

illegal possession of firearm s)  it is sufficient if the prohibited act was intentionally done  Good faith and absence of criminal intent are not valid defenses in crimes punished by special laws Motive and Intent y Motive ± moving power which impels one to action for a definite result  Relevant if identity of accused is in dispute  Existence however is not sufficient proof of guilt y Intent ± purpose to use a particular means to effect such result y . Imprudence. Classification of felonies: 1. theft. NEGLIGENCE. 2.e. Requisites: 1. INTELLIGENCE ± necessary to determine morality of human acts 3.Misapprehension of fact on the part of the person who caused injury to another. INTENT ± to commit the act with malice Mistake of fact ( ignorantia facti excusat ) .The act or omission of the offender is not malicious.Unintentional.The act or omission of the offender is malicious. Actus non facit reum nisi mens sit rea ³ the act itself does not make a man guilty unless his intention were so´ Actus me invite factus non est meus actus ³an act done by me against my will is not my act´ Requisites of culpable Faelonies: 1. Act done would have been lawful had the facts been accused believed them to be 2.- Is meant inaction. murder)  There must be criminal intent Mala Prohibita ± wrong merely because prohibited by statute. punished by special law (i. Intentional Felonies . he is no longer a human being but a tool 2.e. he is no longer a human being but a tool 2. rape. Mistake should be without fault or carel essness on the part of the accused. INTELLIGENCE ± necessary to determine morality of human acts 3. FREEDOM ± without this. Intention should be lawful 3. Requisites of dolo 1. the failure to perform a positive duty which one is bound to do.indicates a deficiency of action. LACK OF FORESIGHT OR SKILL while doing the act or omitting to do an the act. Culpable Felonies . Negligence indicates a deficiency in perception. . FREEDOM ± without this. inherently immoral (i. He is IMPRUDENCE. Mala in se/Mala Prohibita y Mala in se ± wrongful in nature.

Rape Felonies against property: a.- Means that there is a rational connection between the act of the accused and the resulting injury or damage. Brigandage c. Chattel mortgage El que es causa de la causa es causa de mal causado ± he who is the cause of the cause is the cause of the evil caused. 2. By any person performing an act which would be an offense against persons or property. Homicide d. in natural and continuous sequence. Duel g. Impossible Crimes ± commission is indicative of a criminal propensity or tendency on the part of the actor.Refers to an occurrence on the ordinary course of human life or events Logical . which. Art. Requisites of PAR 1: 1. Culpable insolvency f. Act should not constitute a violation of another provision of the RPC Felonies against persons are: a. Requisites of IC 1. 4. Proximate cause ² that cause. Usurpation e. Physical Injuries h. 2. Parricide b. Criminal liability. Robbery b. natural and logical consequence of the felony committed by the offender. Error in personae -a mistake in the identity of the victim Aberratio ictus . unbroken by any efficient intervening cause produces the injury. 4. Wrong done to the aggrieved party be the direct. With evil intent 3.misateke in the blow Praeter intentionem .injuries result in greater than that intended. Abortion f. Act is an offense against persons/property 2. By any person committing a felony ( delito) although the wrongful act done be different from that which he intended. Accomplishment is inherently impossible or means employed is either inadequate or ineffectual. and without which the result wo uld not have occurred Natural . were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. Theft d. Infanticide e. Murder c. ² Criminal liability shall be incurred: 1. Intentional felony has been commmited. Swindling and other deceits g.

stating reasons which induce him to believe that the said act should be made the subject of penal legislation. All the acts would produce the felony as consequence 3. nevertheless. Consummated. The judge must then make a report to the CE. through the Department of Justice. There is an attempt when the offender commences the commission of a felony directly or over acts. 3. through the secretary of justice. A felony is consummated when all the elements necessary for its execution and accomplishment are present. and shall report to the Chief Executive. The accused acted with lesses degree of malice b. through the sec o f Justice. for its execution and Frustrated felony . The court after trail finds the accused guilty. such statement as may be deemed proper. Art. In the same way. The court must render the proper decision by dismissing the case and aquitting the accused. ² Consummated felonies as well as those which are frustrated and attempted. But felony is not produced 4. 2. through the Department of Justice. Malicious mischief. nevertheless. without suspending the execution of the sentence. Stages of execution: Consummated felony . The act commited by the accused appears not punishable by any law. Basis: ³Nullum crimen. do not produce it by reason of causes independent of the will of the perpetrator. Arson and other crimes involving destruction i. recommending executive clemency.The offender performs all the acts of execution which would produce the felony as a consequence but which. The judge should submit a statement to the CE. 3. 1st PAR: 1. The penalty provided by law and which the court imposes for the crime committed appears to be clearly excessive because a. By reason or cause independent of his will Attempted felony . and d oes not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. Elements: 1. Duty of the court in connection with acts which should be repressed but which are not covered by the law. frustrated. But the court deems it proper to repress such act. 4. .When all the elements necessary accomplishment are present. 2.When the offender commences the commission of a felony directly by overt acts and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other that his own spontaneous desistance. 5. are punishable. the reasons which induce the court to believe that said act should be made the subject of legislation. when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty. and in cases of excessivepenal ties. Offender performs all acts of execution 2. The court should not suspend the execution of the sentence 4. and attempted felonies. Art. and it is frustrated when the offender performs all the acts of execution wh ich would produce the felony as a consequence but which. the court shall submit to the Chief Executive. 2nd PAR: 1.h. 6. taking into consideration the degree of malice and the injury caused by the offense. it shall render the proper decision. There is no injury or the injury caused is of lesses gr avity. nulla poena sine lege ³ there is no crim if there is no law that punishes the act. ² Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law. do not produce it by reason of causes independent of the wil of the perpetrator.

Art. Alteration of boundary remarks 4. Malicious mischief 5. When light felonies are punishable. which if carried to its complete termination following its natural course. Preparatory acts b. Slight physical injuries 2. as a and does not perform all the acts of execution.Elements: 1. . The non performance of all acts of execution was due to cause or accident other than his spontaneous desista nce. Theft 3. with the exception of those committed against person or property. Subjective phase . Development of crime: 1. ² Light felonies are punishable only when they have been consummated. How to determine whether it is A. The offender commences the commission of the felony directly by overt acts. Light Felonies . The evil intent is It cannot be possible of accomplished accomplishment Prevented by the The means employed by intervention of certain the offender is cause or accident in inadequate or which the offender had ineffectual. Internal acts ±mere ideas in the mind of a person 2.The proportion of the acts constituting the crime. 7. Intriguing against honor. starting from the point where the offender begins the commission of the crime to the point where he has till control over his acts. more than a mere planning or preparation.Those infractions of law for the commission of which the penalty of arresto menor or fine not exceeding 200 pesos or both.Where the purpose of the offender in performing an act is not certain. Frustrated felony Attempted Felony Offender has not accomplished his criminal purpose The offender performed Merely commences the all the acts of execution commission of a felony which would produce directly by overt acts the felony consequence. The manner of committing. Attempted/Frustrated Impossible crime The evil intent of the offender is not accomplished. The offender¶s act is not stopped by his own spontaneous desistance 4. no part. The nature of the offense 2.Some physical activity or deed. including their natural course. is provided. 2. F or C? 1. without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator. The elements constituting the felony 3. Acts of execution. Overt acts . LF punished by RPC 1. indicating the intention to commit a particular crime. will logically and necessarily ripen into a concrete offense Indeterminate offense . External acts a. He does not perform all the acts of execution which should produce the felony 3.

Grave felonies. to commit treason (also proposal) 2. 2. 2. Conspiracy punished by law: 1. ² Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. to commit coup d¶état. That the agreement concerned the commission of a felony 3. Special law . 9. in accordance with Art. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. rebellion or insurrection (also proposal) 3. Makes code supplementary to such laws. Less grave felonies 3. Conspiracy and proposal to commit felony. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. in monopolies and combinations in restraint of trade Requisites of proposal: 1. 2. unless the latter should specially provide the contrary. to commit sedition 4. is provided. Light felonies Afflictive Penalties o o o o o Reclusion perpetua Reclusion temporal Perpetual/temporary absolute disqualification Perpetual/temporary special disqualification Prison mayor Requisites of conspiracy: 1.A penal law which punishes acts not defined and penalized by the Penal code. Offenses not subject to the provisions of this Code. less grave feloni es and light felonies. This Code shall be supplementary to such laws. Art. A conspiracy exists when two o r more persons come to an agreement concerning the commission of a felony and decide to commit it. 10. Classification of felonies acc to their gravity 1. A person has decided to commit a felony. Offenses under special laws are not subject to the provisions of the code. That 2 or more persons came to an agreement. 8. . ² Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. 25 of this Code. 2 clauses: 1. ² Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive. That he proposes its execution to some other person/persons. in accordanc e with the above-mentioned Art.Art. The execution of the felony be decided upon. Correctional penalties o o o o Prison correccional Arresto mayor Suspension Destierro Art. Grave felonies 2.

Is the quality by which an act may be ascribed to a person as its author or owner. provided that the first and second requisites mentioned in the first circumstance of this Art. That the injury feared be greater than that done to avoid it. for a man cannot be made to answer for the consequences of a crime unless he is guilty.Second. Responsibility . That the evil sought to be avoided actually exists. Anyone who acts in defense of his person or rights. descendants. provided that the following circumstances concur. 4. 3. Third. in case the revocation was given by the person attacked. Any one who acts in defense of the person or rights of his spouse. Justifying circumstances . First. ² The following do not incur any criminal liability: 1. natural or adopted brothers or sisters. Imputability Implies a deed may be imputed to a person Responsibility Implies that the person must take the consequence of such a deed. provided that the following requisites are present. 11. Any person who. Reasonable necessity of the means employed to prevent or repel it. Unlawful aggression.Any person who acts in obedience to an order issued by a superior for some lawful purpose. That there be no other practical and less harmful means of preventing it. First. Third. 5. in order to avoid an evil or injury. Imputability . Art. ascendants. th at the one making defense had no part therein. resentment. provided that the following circumstances concur. . Second. 6.Anyone who acts in defense of the person or rights of a stranger. and the further requisite. Guilt . does not act which causes damage to another.The obligation of suffering the consequences of crime. Justifying circumstances. Lack of sufficient provocation on the part of the person defending himself.are those where the act of a person is said to be in accordance with law. or legitimate. provided that the first and second requisites prescribed in the next preceding circumstance are present. or other evil motive. so that such perosin is deemed not have transgressed the law and is free from both criminal and civil liability.an element of responsibility. or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree. Chapter Two JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY 2. PAR 1: Anyone who acts in defense of his person or rights. are present and that the person defending be not induced by revenge.Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

Relatives by consanguinity within the 4 th civil degree. descendants. 3. Second. that the one making defense had no part therein. ascendants. Battered woman . Unlawful Unlawful aggression .Who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights. natural or adopted brothers and sisters or relatives by affinity in the same degrees. The acute battering incident . Spouse 2. Reasonable necessity of the means employed to prevent or repel it. Means should be proportionate to the act of aggression 2. that is. a. The reasonableness of the ne cessity depends upon: 1. Ascendants 3. Perils to one¶s life 1. Necessity of the course of action taken. 2. destructiveness and sometimes. Third. PAR 2: Any one who acts in defense of the person or rights of his spouse. Legitimate. The test of reasonableness of the means used: 1. The tension-building phase . 2. 2. character and size. actually in existence. Physical condition. Unlawful aggression 2. even if the provocation was sufficient. natural or adopted brothers or sisters. Requisites of defense of relatives: . loving phase. Imminent . Actual . it was not given by the person defending himself. Lawful 2.Verbal or slight physical abuse or another form of hostile behavior. The nature and quality of the weapons 2. Unlawful aggression. 3.that the danger is on the point of happening. and the further requisite. it was not sufficient 3. even if a provocation was given. When. Relatives that can be defended 1. or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree. or legitimate. provided that the first and second requisites prescribed in the next preceding circumstance are present.First. death. Lack of sufficient provocation on the part of the person defending himself. 3RD requisite considered present: 1. Necessity of the means used. The tranquil. 3. Sufficiency of provocation 1. 2. in case the revoca tion was given by the person attacked. 2 kinds of aggression 1. Lack of sufficient provocation on the part of the person defending himself.that the danger must be present. Adequate to stir the aggressor to its commission.Brutality. Other circumstances considered. Reasonable necessity of the means employed to prevent or repel it. When no provocation at all was given to the aggressor by the person defending himself. When. Cycle of violence 1. Requisites of self-defense 1. Descendants 4. 5.Equivalent to assault or at least threatened assault of an immediate and imminent kind. Place and occasion of the assault considered.

PAR 5: Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. or other evil motive. First.1. are present and that the person defending be not induced by revenge. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or lawful exercise of such right or office. or other evil motive. . That the evil sought to be avoided actually exists. 1. PAR 4: Any person who. Requisites: 1. in order to avoid an evil or injury. provided that the first and second requisites mentioned in the first circumstance of this Art. That the evil sought to be avoided actually exists. That the injury feared be greater than that done to avoid it. 3. That the accused acted in performance of a duty or in the lawful exercise of a right or office. Doctrine of self help Art.Any person not included in the enumeration of relatives mentioned in par2 of this article. Reasonable necessity of the means employed to prevent or repel it.Are those grounds for exemption from punishment because there is wanting in the agent of the crime of the conditions which make the act are voluntary or negligent. That there be no other practical and less harmful means of preventing it. Requisites: 1. 429. For this purpose. PAR 6: Any person who acts in obedience to an order issued by a superior for some lawful purpose. That the injury feared be greater than that done to avoid it. The person defending be not induced by revenge. That the means used by the subordinate to carry out said order is lawful. Reasonable necessity of the means employed to prevent or repel it. the one making a defense had no part therein. That an order has been issued by a superior 2. resentment. 2. Second. In case the provocation was given by the person attacked. resentment. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. That there be no other practical and less harmful means of preventing it. Third. he may use such force as may be reaso nably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. Strangers . PAR 3: Anyone who acts in defense of the person or rights of a stranger. That such order must be for some lawful purpose. 2. Unlawful aggression 2. does not act which causes damage to another. Exempting circumstances . 3. 3. provided that the following requisites are present. 3. Requisites: 1. Unlawful aggression 2.

When the imbecile or an insane person has committed an act which the law defines as a felony (delito). Any person who act under the compulsion of irresistible force. 3.There is a complete deprivation of intelligence in committing the act. when prevented by some lawful insuperable cause. A person under nine years of age . 80. 12. PAR 1: An imbecile or an insane person.Within Art 12 one who is deprived completely of reason or discernment and freedom of the will at the time of committing the crime. freedom of action. A person over nine years of age and under fifteen. Art. . the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted. Criminal liable.Basis: y on complete absence of intelligence. ² the following are exempt from criminal liability: 1. such minor shall be proceeded against in accordance with the provisions of Art. 7. Any person who. Circumstances which exempt from criminal liability. Insanity at the time of the commission of the felony Exempt from criminal liability Insanity at the time of trial. unless the latter has acted during a lucid interval. that is. which he shall not be permitted to leave without first obtaining the permission of the same court. Insanity . 2. he acts without the least discernment because there is a complete absence of the power to discern or that is total deprivation o f freedom of the will.one who. 5. 4. 6. unless he has acted with discernment. while performing a lawful act with due care. the court. When such minor is adjudged to be criminally irre sponsible. An imbecile or an insane person. Imbecile Exempt in all cases from criminal liability Insanity Not so exempt if it can be shown that he acted during lucid interval. or on the absence of negligence on the part of the accused. unless the latter has acted during a lucid interval. which he shall not be permitted to leave without first obtaining the permission of the same court. the accused is deprived of reason. he shall be committed to the care of some institution or person mentioned in said Art. shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise. has a mental development comparable to that of children between 2 and 7 years of age. in which case. or intent. in conformably with the provisions of this and the preceding paragraph. causes an injury by mere accident without fault or intention of causing it. the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted. . 80 of this Code. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. When the imbecile or an insane person has committed an act which the law defines as a felony (d elito). Imbecile . Any person who fails to perform an act required by law. while advanced in age.

but also after and even during the trial . such minor shall be proceeded against in accordance with the provisions of Art.The failure to observe. Periods of criminal responsibility 1. while performing a lawful act with due care. and although it comes about through some act of our will. for the protection of the interest of another person.Who commits an act prohibited by law. Accident . RA 9344 ³Juvenile Justice and Welfare Act of 2006´ Raised the age of absolute irresponsibility from 9 to 15 years of age. When such minor is adjudged to be criminally irrespons ible.Such capacity may be known and should be determined by taking into consideration all the facts and circumstances afforded by the records y In each case y The very appearance Discernment may be shown: 1. He causes an injury to another by mere accident 4. lies beyond the bounds of humanly foreseeable consequences.Something that happen outside the sway of our will. Conduct of offender Basis: absence of intelligence PAR 4: Any person who. A person is performing a lawful act 2.Basis: Complete absence of intelligence - y The very attitude y The very comportment y And behavior of said minor Not only before and during the commission of the act. 80. PAR 2: A person under nine years of age. . precaution and vigilance which circumstances justly demand without which such other person suffers injury. Basis: lack of negligence and intent. the court. Absolute irresponsibility 2. PAR 3: A person over nine years of age and under fifteen. Mitigated responsibility Discernment . causes an injury by mere accident without fault or intention of causing it. Conditional responsibility 3. in which case. Without fault or intention of causing it. Basis: absence of intelligence. Intent Desired act of the person Discernment Relates to the moral significance that a person ascribes to the said act. Manner of committing the crime 2. he shall be committed to the care of some institution or person mentioned in said Art. that degree of care. is his mental capacity to understand the difference between right and wrong And . shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise. With due care 3. 80 of this Code. Negligence . Full responsibility 4. in conformably with the provisions of this and the preceding paragraph. Elements: 1. unless he has acted with discernment.

That it promises an evil of such gravity and imminence that the ordinary man would have succumbed it. that which is required to commit.Basis: complete absence of freedom PAR 5: Any person who acts under the compulsion of an irresistible force . Instigation The instigator practically induces the would be accused into the commission of the offense and himself becomes co principal.Those where the act committed is a crime but for reasons of public policy and senti ment there is no penalty imposed. The physical force must be irresistible 3. The fear must be real and real i mminent 3. 2. Elements: 1. That an act is required by law to be done. The compulsion is by means of physical force 2. The means originates from the mind of the criminal PAR 6: Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 2. Absolutory causes . Requisites of uncontrollable fear: 1. Irresistible force The offender uses violence or physical force to compel another person to commit a crime. when prevented by some lawful or insuperable cause. That his failure to perform such act was due to some lawful or insuperable cause. Existence of an uncontrollable fear 2. The accused must be acquitted Entrapment Ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of criminal plan No bar to the prosecution and conviction of the lawbreaker. Fear of an injury is greater than or at least equal to that committed. The law enforcer conceives the commission of the crime and suggest to the accused who adopts the idea and carries it into execution . Elements: 1. Basis: complete absence of freedom. Elements: 1. PAR 7: Any person who fails to perform an act required by law. Uncontrollable fear The offender employs intimidation or threat in compelling another to commit a crime. Physical force must come from a third person. The threat which causes the fear is of greater than or at least equal to. That a person fails to perform such act 3. Basis: he acts without intent.

in case of divisible penalty Privileged Mitigating Cannot be offset by aggravating circumstance. according to whether there are or are no mitigating or aggravating circumstances: 5. the court shall impose the penalty next lower to that prescribed by law. the following rules shall be observed: 1. Rules for the application of penalties which contain three periods. but serve only to reduce the penalty. who is not exempted from liability by reason of the co urt having declared that he acted with discernment. 2. Classes of Mitigating 1. The courts shall impose the penalty in Ordinary Mitigating Susceptible of being offset by any aggravating Produces only the effect of applying the penalty provided by law for the crime in its minimum period. Produces the effect of imposing upon the offender the penal ty lower by one or two degrees than that provided by law for the crime . in the period that it may deem applicable. . Privileged mitigating Article 68. the courts shall observe for the application of the penalty the following rules. Penalty to be imposed upon a person under eighteen years of age. provided that the majority of such conditions be present. but always in the proper period.Are those which.In cases in which the penalties prescribed by law contain three periods. Upon a person under fifteen but over nine years of age. in view of the number and nature of the conditions of exemption present or lacking.When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraph next to the last of article 80 of this Code. Article 69. . Upon a person over fifteen and under eighteen years of a ge the penalty next lower than that prescribed by law shall be imposed. When there are two or more mitigating circumstances and no aggravating circumstances are present. according to the number and nature of such circumstances. Penalty to be imposed when the crime committed is not wholly excusable. .the period which may be deemed proper.A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in article 11 and 12. Ordinary mitigating ± those enumerated in subsections 1 to 10 of Article 13 2. do not entirely free the actor from criminal liability. if present in the commission of the crime. each one of which forms a period in accordance with the provisions of articles 76 and 77. Article 64. whether it be a single divisible penalty or composed of three different penalties. a discretionary penalty shall be imposed. but always lower by two degrees at least than that prescribed by law for the crime which he committed. Mitigating circumstances .

13. or relatives by affinity within the same degrees.Refers to an alternative. That the offender had voluntarily surrendered himself to a person in authority or his agents.chan robles virtual law library 10.Refers to the program that the child in conflict wit h the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings. 9. Things to be considered to show that the accused intended the wrong committed: 1. or communications with his fellow beings. economic. ² The following are mitigating circumstances. . 2. 4. finally. child . Diversion program . cultural. 80. 7. blind or otherwise suffering some physical defect which thus restricts his means of action. 80. psychological or educational background without resulting to formal court proceedings. Those mentioned in the preceding chapter.8. PAR 2: T hat the offender is under eighteen year of age or over seventy years. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts. That the offender is deaf and dumb. when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. he shall be proceeded against in accordance with the provisions of Art. any other circumstances of a similar nature and analogous to those above mentioned. That the offender had no intention to commit so grave a wrong as that committed.Basis: diminution of intelligence PAR 3: That the offender had no intention to commit so grave a wrong as that committed. In the case of the minor. That the act was committed in the immediate vindication of a grave offense to the one committing the felony ( delito). 6. or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. his spouse. Mitigating circumstances. 1. Chapter Three CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY Art. That sufficient provocation or threat on the part of the offended party immediately preceded the act. he shall be proceeded against in accordance with the provisions of Art. 3. In the case of the minor. 5. Diversion . Weapon used . And. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. That the offender is under eighteen year of age or over seventy years. ascendants.appropriate process of determining the responsibility and treatment of a child in conflict with the law on the bases of his/her social. defense.

causing its death. PAR 5: That the act was committed in the immediate vindication of a grave offense to the one committing the felony ( delito). Provocation . The social standing of the person provoked 4.2. Basis: diminution of intelligence and intent . Sufficient provocation as requisite of incomplete self-defense It pertains to its absence on the part of the person defending himself As a mitigating circumstance It pertains to its presence on the part of the offended party. The act constituting the provocation 3. The provocation must be personal and directed to the accused c. his spouse. Requisites: 1. 2. or relatives by affinity within the same degrees. ascendants. That the felony is committed in vindication of such grave offense.Includes any act that is offensive to the offender or his relatives and the same need not be unlawful. That there be a grave offense done to the one committing the felony.Any unjust or improper conduct or act of the offended party. ascendants. Provocation must be sufficient 2. shall cause the killing of the foetus in the uterus or the violent expulsion of the foetus from the maternal womb. natural or adopted brothers or sisters. A lapse of time is allowed between the vindication and the doing of the grave offense. Sufficient . Provocation Vindication It is made directly only The grave offense may to the person committing be committed also the felony against the offender¶s relatives mentioned by law The case that brought The offended party must about the provocation have done a grave need not be a grave offense to the offender offense or his relatives mentioned by law It is necessary that the The vindication of the provocation or threat grave offense may be immediately preceded proximate which admits the act of an interval of time It is mere spite against It concerns the honor of the one giving the a person. Requisites: 1. The provocation must be immediate to the commissio n of the crime by the person who is provoked. The manner it is inflicted - Unintentional abortion Committed by any person who.To excite a person to commit wrong and must accordingly be proportionate to its gravity. but unintentionally. It must originate from the offended party b. The part of the body injured 3. Grave offense . inciting or irritating any one. The place and time when the provocation is made a. or relatives by affinity within the same degrees. PAR 4: That sufficient provocation or threat on the part of the offended party immediately preceded the act. his spouse. capable of exciting. The inflicted 4. by violence. descendants. legitimate.

Agent of a person in authority . That the surrender was voluntary. Voluntary confession of guilt before the court prior to presentation of evidence for the prosecution the Requisites of voluntary surrender: 1. or by election or by appointment by competent authority. who. Basis: diminution of intelligence and intent. that is. Place 3. 2. Passion or obfuscation Irresistible force Mitigating circumstance Exempting circumstance Cannot give rise to an irresistible force because irresistible force requires physical force. Is in the offender himself Must come from a third person Must arise from lawful unlawful sentiments PAR 7: That the offender had voluntarily surrendered himself to a person in authority or his agents. . That the offender surrendered himself to a person in authority or to the latter¶s agent 3. by direct provision of the law. Voluntary surrender to a person in authority or his agents 2. is charged with maintenance . Time when the insult was made Basis: diminution of the conditions of voluntariness. That the offender had not been actually arrested 2.Is the natural feeling of all persons engaged in a fight. The act causing such obfuscation was committed by the victim himself. Passion or obfuscation Produced by an impulse which may be caused by provocation The offense need not be immediate Provocation Comes from the injured party Immediately precede the commission of the crime PAR 6: That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. 2 mitigating circumstances: 1. a public officer who has the power to govern and execute the laws whether as an individual or as a member of some court or governmental corporation or board or commission. Excitement . especially those who had received a beating. That there be an act.Is a person. or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. during which the perpetrat or might recover his normal equanimity 3.Is one who directly vested with jurisdiction. and the impulse in that state is not considered in law so powerful as to produce obfuscation sufficient to mitigate liability.provocation or threat Basis to determine gravity of offense in vindication: 1. Person in authority .Social standing of the person 2. Requisites: 1. That said act which produces the obfuscation was not far removed from the commission of the crime by a considerable length of time. both unlawful and sufficient to produce such condition of mind.

Must be spontaneous 2. 3. before the competent court that is to try the case. blind or otherwise suffering some physical defect which thus restricts his means of action. PAR 8: That the offender is deaf and dumb. That the illness of the offender must diminish the exerc ise of his will-power 2.of public order and the protection and security if life and property and any person who comes to the aid of persons in authority. or communications with his fellow beings. That the confession of guilt was made in open court that is. Requisites: 1. defense. That the offender spontaneously confessed his guilt 2. When surrender is voluntary? 1. . any other circumstances of a similar nature and analogous to those above mentioned. Requisites of plea of guilty: 1. That such illness should not deprive the offender of consciousness of his acts. Intent of the accused to submit himself unconditionally to the authorities must either because y He acknowledges his guilt y He wishes to save them the trouble and expense neces sarily incurred in his search and capture. finally. PAR 9: Such illness of the offender as would diminish the exercise of the will power of the offender without however depriving him of the consciousness of his acts. That the confession of guilt was made prior to the presentation of evidence for the prosecution. PAR 10: And.

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