CRIM UP TO ARTICLE 10 OBJECTIVES
Article 1. Time when Act takes effect. — 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. — Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;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. — 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 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.
illegal possession of firearms) 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 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 Intent – purpose to use a particular means to effect such result
. theft. rape. FREEDOM – without this. inherently immoral (i. the failure to perform a positive duty which one is bound to do.The act or omission of the offender is malicious. Mistake should be without fault or carelessness on the part of the accused. Requisites: 1.-
Is meant inaction. He is IMPRUDENCE.
Classification of felonies: 1. Culpable Felonies . Intentional Felonies .e. Actus non facit reum nisi mens sit rea “ the act itself does not make a man guilty unless his intention were so” Actus me invite factus non est meus actus “an act done by me against my will is not my act”
Requisites of culpable Faelonies: 1. 2. Negligence indicates a deficiency in perception. he is no longer a human being but a tool 2. Act done would have been lawful had the facts been accused believed them to be 2.Misapprehension of fact on the part of the person who caused injury to another. punished by special law (i.indicates a deficiency of action.Unintentional. INTELLIGENCE – necessary to determine morality of human acts 3. INTELLIGENCE – necessary to determine morality of human acts 3. FREEDOM – without this. NEGLIGENCE. . Intention should be lawful 3. Requisites of dolo 1. murder) There must be criminal intent Mala Prohibita – wrong merely because prohibited by statute. Imprudence. Mala in se/Mala Prohibita Mala in se – wrongful in nature.e. LACK OF FORESIGHT OR SKILL while doing the act or omitting to do an the act. he is no longer a human being but a tool 2.The act or omission of the offender is not malicious. INTENT – to commit the act with malice Mistake of fact (ignorantia facti excusat) .
unbroken by any efficient intervening cause produces the injury. Requisites of PAR 1: 1. Act is an offense against persons/property 2. 2. 4. Abortion f. Parricide b. Culpable insolvency f. Error in personae -a mistake in the identity of the victim Aberratio ictus. Brigandage c. which. Theft d. Proximate cause – that cause.misateke in the blow Praeter intentionem. Physical Injuries h. 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. Rape Felonies against property: a. Robbery b. With evil intent 3. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.injuries result in greater than that intended. in natural and continuous sequence. and without which the result would not have occurred Natural . 2.
Art. natural and logical consequence of the felony committed by the offender. were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. Requisites of IC 1. Murder c. Chattel mortgage
. — Criminal liability shall be incurred: 1. Criminal liability. Wrong done to the aggrieved party be the direct. 4. Intentional felony has been commmited. Homicide d.-
Means that there is a rational connection between the act of the accused and the resulting injury or damage. By any person performing an act which would be an offense against persons or property. Swindling and other deceits g. Act should not constitute a violation of another provision of the RPC Felonies against persons are: a. Infanticide e.Refers to an occurrence on the ordinary course of human life or events Logical
Impossible Crimes – commission is indicative of a criminal propensity or tendency on the part of the actor. Accomplishment is inherently impossible or means employed is either inadequate or ineffectual. Duel g. Usurpation e.
stating reasons which induce him to believe that the said act should be made the subject of penal legislation. through the sec of Justice. 2nd PAR: 1. 6. The penalty provided by law and which the court imposes for the crime committed appears to be clearly excessive because a. The court must render the proper decision by dismissing the case and aquitting the accused. — Consummated felonies as well as those which are frustrated and attempted. frustrated. Basis: “Nullum crimen. the reasons which induce the court to believe that said act should be made the subject of legislation. are punishable. — Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law. through the Department of Justice. and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. In the same way. do not produce it by reason of causes independent of the will of the perpetrator. The judge should submit a statement to the CE. nevertheless. 3. nevertheless. and attempted felonies.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. such statement as may be deemed proper. Art. There is no injury or the injury caused is of lesses gravity. the court shall submit to the Chief Executive. The court should not suspend the execution of the sentence 4. Stages of execution: Consummated felony . Malicious mischief. But the court deems it proper to repress such act. 1st PAR: 1. Consummated. All the acts would produce the felony as consequence 3. do not produce it by reason of causes independent of the wil of the perpetrator. nulla poena sine lege “ there is no crim if there is no law that punishes the act. 2. taking into consideration the degree of malice and the injury caused by the offense. There is an attempt when the offender commences the commission of a felony directly or over acts. through the secretary of justice. when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty. Elements: 1. through the Department of Justice. and in cases of excessivepenalties. Duty of the court in connection with acts which should be repressed but which are not covered by the law. Offender performs all acts of execution 2. 4.
Art. Arson and other crimes involving destruction i. and shall report to the Chief Executive. it shall render the proper decision. The act commited by the accused appears not punishable by any law. The accused acted with lesses degree of malice b. The judge must then make a report to the CE. A felony is consummated when all the elements necessary for its execution and accomplishment are present.The offender performs all the acts of execution which would produce the felony as a consequence but which.
. The court after trail finds the accused guilty. By reason or cause independent of his will Attempted felony . 5.When all the elements necessary accomplishment are present. But felony is not produced 4. 2. without suspending the execution of the sentence. and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which.h. recommending executive clemency.
Frustrated felony .
The proportion of the acts constituting the crime.Elements: 1. The non performance of all acts of execution was due to cause or accident other than his spontaneous desistance. with the exception of those committed against person or property. Overt acts . LF punished by RPC 1. The offender commences the commission of the felony directly by overt acts. Internal acts –mere ideas in the mind of a person 2. The offender’s act is not stopped by his own spontaneous desistance 4. more than a mere planning or preparation. Malicious mischief 5. He does not perform all the acts of execution which should produce the felony 3.
. Light Felonies . is provided. The elements constituting the felony 3.Those infractions of law for the commission of which the penalty of arresto menor or fine not exceeding 200 pesos or both. Slight physical injuries 2. Development of crime: 1.Where the purpose of the offender in performing an act is not certain. Theft 3. Preparatory acts b. F or C? 1.
a and does not perform all the acts of execution. 2. External acts a. indicating the intention to commit a particular crime. 7. Subjective phase . 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. without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator. Acts of execution. The nature of the offense 2. will logically and necessarily ripen into a concrete offense Indeterminate offense . including their natural course. no part.
Attempted/Frustrated Impossible crime The evil intent of the offender is not accomplished. which if carried to its complete termination following its natural course.Some physical activity or deed. The manner of committing. Alteration of boundary remarks 4. How to determine whether it is A. Art. When light felonies are punishable. — Light felonies are punishable only when they have been consummated. starting from the point where the offender begins the commission of the crime to the point where he has till control over his acts. Intriguing against honor. 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.
Correctional penalties o o o o Prison correccional Arresto mayor Suspension Destierro
Art. 2 clauses: 1. That the agreement concerned the commission of a felony 3. 2. Conspiracy and proposal to commit felony. 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. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. is provided. 8. in accordance with Art.
. in monopolies and combinations in restraint of trade Requisites of proposal: 1. in accordance with the above-mentioned Art. — Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive. 2. That 2 or more persons came to an agreement. This Code shall be supplementary to such laws.
Classification of felonies acc to their gravity 1. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. unless the latter should specially provide the contrary. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. to commit treason (also proposal) 2. rebellion or insurrection (also proposal) 3. to commit coup d’état. Conspiracy punished by law: 1. Offenses not subject to the provisions of this Code. The execution of the felony be decided upon. to commit sedition 4. Less grave felonies 3. 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. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.Art.A penal law which punishes acts not defined and penalized by the Penal code. Special law . Grave felonies. That he proposes its execution to some other person/persons. 25 of this Code. Art. less grave felonies and light felonies. Offenses under special laws are not subject to the provisions of the code. Makes code supplementary to such laws. 9. Grave felonies 2. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. 2. 10. A person has decided to commit a felony.
provided that the first and second requisites mentioned in the first circumstance of this Art.
Justifying circumstances . Reasonable necessity of the means employed to prevent or repel it. Justifying circumstances. Second. does not act which causes damage to another. ascendants. Third.Is the quality by which an act may be ascribed to a person as its author or owner. 11. or other evil motive.
. 4. Anyone who acts in defense of his person or rights. so that such perosin is deemed not have transgressed the law and is free from both criminal and civil liability.Second. First. that the one making defense had no part therein. 3. Chapter Two JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY 2. PAR 1:
Anyone who acts in defense of his person or rights. Lack of sufficient provocation on the part of the person defending himself.an element of responsibility.Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. in case the revocation was given by the person attacked. Any one who acts in defense of the person or rights of his spouse. Art. in order to avoid an evil or injury. 6. Unlawful aggression. — The following do not incur any criminal liability: 1. or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree.
Imputability . First. provided that the following requisites are present.The obligation of suffering the consequences of crime. or legitimate. Third. for a man cannot be made to answer for the consequences of a crime unless he is guilty. 5. Any person who. That the injury feared be greater than that done to avoid it. resentment.are those where the act of a person is said to be in accordance with law. Responsibility . natural or adopted brothers or sisters.Any person who acts in obedience to an order issued by a superior for some lawful purpose.
Guilt . Imputability Implies a deed may be imputed to a person Responsibility Implies that the person must take the consequence of such a deed. and the further requisite. That the evil sought to be avoided actually exists.Anyone who acts in defense of the person or rights of a stranger. That there be no other practical and less harmful means of preventing it. descendants. are present and that the person defending be not induced by revenge. provided that the following circumstances concur. provided that the following circumstances concur. provided that the first and second requisites prescribed in the next preceding circumstance are present.
Descendants 4. Battered woman . Unlawful aggression 2. and the further requisite. descendants. or legitimate. 5. that the one making defense had no part therein. 3RD requisite considered present: 1. it was not given by the person defending himself.Brutality. natural or adopted brothers or sisters. Spouse 2. Legitimate.
PAR 2: Any one who acts in defense of the person or rights of his spouse. When no provocation at all was given to the aggressor by the person defending himself. death. even if the provocation was sufficient. Third. Necessity of the course of action taken. The test of reasonableness of the means used: 1. Imminent . When. character and size. The acute battering incident . Second. Unlawful aggression. 3. Unlawful Unlawful aggression . in case the revocation was given by the person attacked. even if a provocation was given. Cycle of violence 1. Other circumstances considered. Physical condition. Relatives that can be defended 1. a.that the danger is on the point of happening. Relatives by consanguinity within the 4th civil degree. ascendants. The nature and quality of the weapons 2. When. Actual . 2 kinds of aggression 1.
3. The reasonableness of the necessity depends upon: 1. Necessity of the means used.Equivalent to assault or at least threatened assault of an immediate and imminent kind. Requisites of defense of relatives:
. Reasonable necessity of the means employed to prevent or repel it. Lawful 2. that is. Place and occasion of the assault considered. it was not sufficient
Sufficiency of provocation 1.
Requisites of self-defense 1. 2.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. 2. Reasonable necessity of the means employed to prevent or repel it.Verbal or slight physical abuse or another form of hostile behavior. Means should be proportionate to the act of aggression 2. 3.that the danger must be present. provided that the first and second requisites prescribed in the next preceding circumstance are present. Lack of sufficient provocation on the part of the person defending himself.First. destructiveness and sometimes. loving phase. natural or adopted brothers and sisters or relatives by affinity in the same degrees. actually in existence. Adequate to stir the aggressor to its commission. 2. Lack of sufficient provocation on the part of the person defending himself. 3. Perils to one’s life 1. Ascendants 3. or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree. The tension-building phase . 2. The tranquil.
The person defending be not induced by revenge. 1. Unlawful aggression 2. In case the provocation was given by the person attacked. provided that the following requisites are present. That such order must be for some lawful purpose. That an order has been issued by a superior 2. 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. PAR 6: Any person who acts in obedience to an order issued by a superior for some lawful purpose. For this purpose. 2. That the injury feared be greater than that done to avoid it. in order to avoid an evil or injury. does not act which causes damage to another.
Requisites: 1. 3. Unlawful aggression 2. resentment. Third. First. 3. the one making a defense had no part therein. PAR 4: Any person who. provided that the first and second requisites mentioned in the first circumstance of this Art. Second. PAR 3: Anyone who acts in defense of the person or rights of a stranger. or other evil motive.
Requisites: 1. he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. or other evil motive. Doctrine of self help Art. That the means used by the subordinate to carry out said order is lawful. 2.Any person not included in the enumeration of relatives mentioned in par2 of this article. That the evil sought to be avoided actually exists.
Exempting circumstances . That the accused acted in performance of a duty or in the lawful exercise of a right or office. are present and that the person defending be not induced by revenge. That there be no other practical and less harmful means of preventing it. 429. PAR 5: Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. That the injury feared be greater than that done to avoid 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. 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.1. Reasonable necessity of the means employed to prevent or repel it. Requisites: 1. 3. That the evil sought to be avoided actually exists. 3. Reasonable necessity of the means employed to prevent or repel it. Strangers .
4. 80. he acts without the least discernment because there is a complete absence of the power to discern or that is total deprivation of freedom of the will. Any person who fails to perform an act required by law. which he shall not be permitted to leave without first obtaining the permission of the same court. has a mental development comparable to that of children between 2 and 7 years of age. unless he has acted with discernment. Circumstances which exempt from criminal liability. Any person who act under the compulsion of irresistible force. shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise.Basis: on complete absence of intelligence.one who.
Insanity at the time of the commission of the felony Exempt from criminal liability
Insanity at the time of trial. when prevented by some lawful insuperable cause. while performing a lawful act with due care. 2. the court.There is a complete deprivation of intelligence in committing the act. the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted. When the imbecile or an insane person has committed an act which the law defines as a felony (delito). while advanced in age.
. A person over nine years of age and under fifteen. — the following are exempt from criminal liability: 1. Art. 7. 5. such minor shall be proceeded against in accordance with the provisions of Art. 3. Any person who. that is. the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted.
Imbecile Insanity Exempt in all cases from Not so exempt if it can criminal liability be shown that he acted during lucid interval. Criminal liable. unless the latter has acted during a lucid interval. 6. 80 of this Code. . in which case. Imbecile . When such minor is adjudged to be criminally irresponsible. freedom of action. A person under nine years of age. causes an injury by mere accident without fault or intention of causing it. unless the latter has acted during a lucid interval. in conformably with the provisions of this and the preceding paragraph. 12. When the imbecile or an insane person has committed an act which the law defines as a felony (delito). or on the absence of negligence on the part of the accused. the accused is deprived of reason. PAR 1: An imbecile or an insane person. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. or intent. Insanity .Within Art 12 one who is deprived completely of reason or discernment and freedom of the will at the time of committing the crime. An imbecile or an insane person. he shall be committed to the care of some institution or person mentioned in said Art. which he shall not be permitted to leave without first obtaining the permission of the same court.
Intent Desired act of the person
Discernment may be shown: 1. Periods of criminal responsibility 1. shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise. that degree of care. for the protection of the interest of another person. PAR 3: A person over nine years of age and under fifteen. 80. A person is performing a lawful act 2. Full responsibility 4. in which case. Absolute irresponsibility 2.The failure to observe.
. but also after and even during the trial. Negligence . Basis: absence of intelligence. Conduct of offender Basis: absence of intelligence PAR 4: Any person who. With due care 3. the court. unless he has acted with discernment. causes an injury by mere accident without fault or intention of causing it. Without fault or intention of causing it. in conformably with the provisions of this and the preceding paragraph. Discernment Relates to the moral significance that a person ascribes to the said act. precaution and vigilance which circumstances justly demand without which such other person suffers injury. Manner of committing the crime 2. 80 of this Code. When such minor is adjudged to be criminally irresponsible. while performing a lawful act with due care. Mitigated responsibility Discernment .Basis: Complete absence of intelligence PAR 2: A person under nine years of age. Elements: 1. lies beyond the bounds of humanly foreseeable consequences. such minor shall be proceeded against in accordance with the provisions of Art. and although it comes about through some act of our will.Such capacity may be known and should be determined by taking into consideration all the facts and circumstances afforded by the records In each case The very appearance
The very attitude The very comportment And behavior of said minor Not only before and during the commission of the act.Something that happen outside the sway of our will. RA 9344 “Juvenile Justice and Welfare Act of 2006” Raised the age of absolute irresponsibility from 9 to 15 years of age. He causes an injury to another by mere accident 4. is his mental capacity to understand the difference between right and wrong And .
Accident .Who commits an act prohibited by law. he shall be committed to the care of some institution or person mentioned in said Art. Basis: lack of negligence and intent. Conditional responsibility 3.
that which is required to commit. That an act is required by law to be done. Basis: complete absence of freedom. Instigation The instigator practically induces the would be accused into the commission of the offense and himself becomes co principal. 2. The compulsion is by means of physical force 2. Absolutory causes . Existence of an uncontrollable fear 2. That a person fails to perform such act 3.
Uncontrollable fear The offender employs intimidation or threat in compelling another to commit a crime. when prevented by some lawful or insuperable cause. The threat which causes the fear is of greater than or at least equal to. Elements: 1. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed it.
The law enforcer conceives the commission of the crime and suggest to the accused who adopts the idea and carries it into execution
. The means originates from the mind of the criminal
Irresistible force The offender uses violence or physical force to compel another person to commit a crime.Basis: complete absence of freedom
PAR 5: Any person who acts under the compulsion of an irresistible force. Requisites of uncontrollable fear: 1. Elements: 1. Physical force must come from a third person. Elements: 1. 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. That his failure to perform such act was due to some lawful or insuperable cause. PAR 6: Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. Fear of an injury is greater than or at least equal to that committed.Those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. The fear must be real and real imminent 3. The physical force must be irresistible 3. 2.
PAR 7: Any person who fails to perform an act required by law. Basis: he acts without intent.
in view of the number and nature of the conditions of exemption present or lacking.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. according to the number and nature of such circumstances. but serve only to reduce the penalty. a discretionary penalty shall be imposed. the following rules shall be observed: 1. Upon a person under fifteen but over nine years of age. 2. Article 69. Penalty to be imposed upon a person under eighteen years of age. Produces the effect of imposing upon the offender the penalty lower by one or two degrees than that provided by law for the crime
. according to whether there are or are no mitigating or aggravating circumstances: 5. 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. whether it be a single divisible penalty or composed of three different penalties. but always in the proper period. Ordinary mitigating – those enumerated in subsections 1 to 10 of Article 13 2. When there are two or more mitigating circumstances and no aggravating circumstances are present. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed. each one of which forms a period in accordance with the provisions of articles 76 and 77. if present in the commission of the crime. the courts shall observe for the application of the penalty the following rules. who is not exempted from liability by reason of the court having declared that he acted with discernment.
Mitigating circumstances .Are those which. but always lower by two degrees at least than that prescribed by law for the crime which he committed. Privileged mitigating Article 68. .the period which may be deemed proper. Rules for the application of penalties which contain three periods. in case of divisible penalty
Privileged Mitigating Cannot be offset by aggravating circumstance. the court shall impose the penalty next lower to that prescribed by law. do not entirely free the actor from criminal liability. . . Penalty to be imposed when the crime committed is not wholly excusable. provided that the majority of such conditions be present. Classes of Mitigating 1. in the period that it may deem applicable.In cases in which the penalties prescribed by law contain three periods. Article 64.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.
— The following are mitigating circumstances. That the offender is under eighteen year of age or over seventy years.appropriate process of determining the responsibility and treatment of a child in conflict with the law on the bases of his/her social.Basis: diminution of intelligence PAR 3: That the offender had no intention to commit so grave a wrong as that committed. 5. 80. economic. That sufficient provocation or threat on the part of the offended party immediately preceded the act. 13. or communications with his fellow beings. or relatives by affinity within the same degrees. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. cultural. any other circumstances of a similar nature and analogous to those above mentioned. Those mentioned in the preceding chapter. Diversion program .
9.chan robles virtual law library 10. child. 1. And. That the offender had no intention to commit so grave a wrong as that committed. 7. . he shall be proceeded against in accordance with the provisions of Art. 6. 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. blind or otherwise suffering some physical defect which thus restricts his means of action. or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. 80. his spouse. psychological or educational background without resulting to formal court proceedings. Weapon used
. 4. defense. ascendants.Refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings. 3. 2. Things to be considered to show that the accused intended the wrong committed: 1. when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. finally. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito). Diversion . PAR 2: T hat the offender is under eighteen year of age or over seventy years. In the case of the minor. That the offender is deaf and dumb.
Chapter Three CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY Art.Refers to an alternative. That the offender had voluntarily surrendered himself to a person in authority or his agents.8. In the case of the minor. Mitigating circumstances. he shall be proceeded against in accordance with the provisions of Art.
The act constituting the provocation 3. but unintentionally. That there be a grave offense done to the one committing the felony. 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.
Basis: diminution of intelligence and intent
. Provocation . The social standing of the person provoked 4. Grave offense .To excite a person to commit wrong and must accordingly be proportionate to its gravity. Provocation must be sufficient 2. The place and time when the provocation is made a. The inflicted 4.Any unjust or improper conduct or act of the offended party. Requisites: 1. or relatives by affinity within the same degrees. by violence. 2. The provocation must be immediate to the commission of the crime by the person who is provoked. That the felony is committed in vindication of such grave offense. descendants. Sufficient .Includes any act that is offensive to the offender or his relatives and the same need not be unlawful. his spouse. It must originate from the offended party b. capable of exciting. Requisites: 1. The manner it is inflicted
Unintentional abortion Committed by any person who.
PAR 4: That sufficient provocation or threat on the part of the offended party immediately preceded the act. ascendants. The provocation must be personal and directed to the accused c. his spouse. 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. or relatives by affinity within the same degrees. ascendants. natural or adopted brothers or sisters.
PAR 5: That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito).2. inciting or irritating any one. legitimate. shall cause the killing of the foetus in the uterus or the violent expulsion of the foetus from the maternal womb. causing its death. A lapse of time is allowed between the vindication and the doing of the grave offense. The part of the body injured 3.
during which the perpetrator might recover his normal equanimity 3. both unlawful and sufficient to produce such condition of mind. Requisites: 1. Agent of a person in authority . Time when the insult was made Basis: diminution of the conditions of voluntariness. That there be an act. That the surrender was voluntary. Passion or obfuscation Irresistible force Mitigating circumstance Exempting circumstance Cannot give rise to an irresistible force because irresistible force requires physical force. 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. Place 3. That said act which produces the obfuscation was not far removed from the commission of the crime by a considerable length of time. or by election or by appointment by competent authority. that is. Excitement . especially those who had received a beating. or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution.Social standing of the person 2. Voluntary surrender to a person in authority or his agents 2. Person in authority . That the offender had not been actually arrested 2. and the impulse in that state is not considered in law so powerful as to produce obfuscation sufficient to mitigate liability. who.Is the natural feeling of all persons engaged in a fight. Voluntary confession of guilt before the court prior to the presentation of evidence for the prosecution Requisites of voluntary surrender: 1.Is a person. That the offender surrendered himself to a person in authority or to the latter’s agent 3. 2. is charged with maintenance 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.Is one who directly vested with jurisdiction. 2 mitigating circumstances: 1. The act causing such obfuscation was committed by the victim himself. Is in the offender himself Must come from a third person Must arise from lawful unlawful sentiments
. . Passion or obfuscation Produced by an impulse which may be caused by provocation The offense need not be immediate PAR 7: That the offender had voluntarily surrendered himself to a person in authority or his agents.provocation or threat Basis to determine gravity of offense in vindication: 1. by direct provision of the law. Basis: diminution of intelligence and intent.
PAR 10: And. or communications with his fellow beings. 3. Intent of the accused to submit himself unconditionally to the authorities must either because He acknowledges his guilt He wishes to save them the trouble and expense necessarily incurred in his search and capture. finally. That the confession of guilt was made prior to the presentation of evidence for the prosecution. defense. That the confession of guilt was made in open court that is. That such illness should not deprive the offender of consciousness of his acts. any other circumstances of a similar nature and analogous to those above mentioned. Requisites: 1. blind or otherwise suffering some physical defect which thus restricts his means of action. Must be spontaneous 2. PAR 8: That the offender is deaf and dumb. before the competent court that is to try the case.of public order and the protection and security if life and property and any person who comes to the aid of persons in authority. That the illness of the offender must diminish the exercise of his will-power 2. When surrender is voluntary? 1. PAR 9: Such illness of the offender as would diminish the exercise of the willpower of the offender without however depriving him of the consciousness of his acts. That the offender spontaneously confessed his guilt 2.
. Requisites of plea of guilty: 1.